THE CONSTITUTIONS OF THE SEVERAL STATES OF THE UNIOI AND UNITED STATES, INCLUDING THE BECLARATIOI^ OF INDEPENDENCE ARTICLES OF CONFEDERATION. TAEEN FROM AUTHENTIC DOCUMENTS. NEW YOEK: PUBLISHED BY A. S. BARNES & CO. 51 JOIIN-STEEET. CINCINNATI:— H. W. DERBY & CO. 1856. A. S. BARNES & CO.'S EDITION UNITED STATES THIS EDITION CONTAINS ALL THE NEW CONSTITUTIONS 01^ THE VARIOUS STATES OF THE UNION TO THE SrEING OF 1856. CONTENTS Paga DLfc/,ARATION OF INDEPENDENCE, - - 5 Constitution of the United States, ------ 9 Constitution of Maine,- --------23 " « New Hampshire, -.«--- 47 « •' Vermont, --------69 " " Massachusetts, -------84 " « Rhode Island, - - - - - - - 114 " " Connecticut, ------- 139 « " New York, ------- 142 " « New Jersey, ------- 167 « " Pennsylvania, ------- 184 •* '• Delaware, --------199 •» " Maryland, --------220 « « Virginia, 243 « " North Carolina, ------ 255 •* " South Carolina ------ 266 «« « Georgia, ------ --278 « " Florida, - - 292 «« " Alabama, 307 «« " Mississippi, -------- 325 •* " Louisiana, -------- 341 « " Tennessee, --------358 « " Kentucky, - - - -- - - - 375 «« « Ohio, --------391 « " Indiana, -------- 404 «« " Illinois, --------423 « " Michigan, -------- 44.5 « " Missouri, -------- 457 «' " Arkansas, -------- 478 M " Texas, --------491 « « Iowa, --I 406 « " Wisconsin, ----- . . - 516 " " Califoenia - - - - - -- - 537 DECLARATION OF INDEPENDENCE. When, iu the course of human events, 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 man- kind 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 inalien- able 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 gov- erned ; and that, whenever any form of government becomes de- structive of these ends, it is the right of the people to alter or abol- ish it, and to institute new government, laying its foundations on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Pru- dence, indeed, will dictate that governments, long established, should not be changed for light and transient causes ; and, accordingly, all experience hath shown, 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 despotism, 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 the colonies, and such is now the necessity which con- strains them to alter their former systems of government. The history of the present king of Great Britain is a history of repeated injuries and usurpations, all having, in direct object, the establish- ment 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 neces- sary for the public good. DECLARATION OF INDEPENDENCE. He has forbidden his governors to pass Laws of immediate and pressing importance, unless suspended in their operations 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 called together legislative bodies at places unusual, un- comfortable, and distant from the repository 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 annihilation, have returned to the people at large for their exercise ; the state remaining, in the meantime, exposed to all the dangers of invasion from without, and convulsions within. He has endeavored to prevent the population of these states ; for that purpose, obstructing the laws of naturalization of foreigners, re- fusing to pass others to encourage their migration thither, and rais- ing 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 of&ces, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance. He has kept among us in time of peace, standing armies, without the consent of our legislatures. He has affected to render the military independent of, and supe- rior to, the civil power. He has combined, with others, to subject us to a jurisdiction for- eign 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 murders 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 benefit of trial by jury. For transporting us beyond seas, to be tried for pretended of- fences, For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarg- ing its boundaries so as to render it at once an example and fit in- strument for introducing the same absolute rule into these colonies. DECLARATION OF INDEPENDENCE. 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 whatsoever. He has abdicated government here, by declaring us out of his protection, 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 merce- naries to complete the works of death, desolation, and tyranny, al- ready 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 en- deavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction 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 an- swered only by repeated injuries. 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 attention to our British brethren. We have warned them, from time to time,. of the attempts by their legislature, to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and set- tlement here. We have appealed to their native justice and mag- nanimity, and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would inevitably in- terrupt 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 Ameri- ca, m Grcneral Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly pub- lish and declare that these United 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 be- tween them and the state of Great Britain is, and ought to be, to- tally dissolved ; and that, as free and independent States, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do. And, for the support of this declaration. 8 DECLARATION OF INDEPENDENCE. with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sa- cred honor. The foregoing declaration was, by order of Congress, engrossed, and signed by the following members : JOHN HANCOCK. New Hampshire. JOSIAH BaRTLETT, William Whipple, Matthew Thornton. Massachusetts Bay. Samuel Adams, John Adams, Robert Treat Paine, Elbridge G-erry. Rhode Island. Stephen Hopkins, William Ellery. Connecticut. Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott. New York. William Floyd, Philip Livingston, Francis Lewis, Lewis Morris. New Jersey. Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark. Pennsylvayiia. Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross. Delaware. C^SAR Rodney, George Read, Thomas M'Kean. Maryland. Samuel Chase, William Paca, Thomas Stone, Charles Carroll, of CarroUton. Virginia. George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr. Francis Lightfoot Lee, Carter Braxton, North Carolina. William Hooper, Joseph Hewes, John Penn. South Carolina. Edward Rutledge, Thomas Heyward, Jr. Thomas Lynch, Jr. Arthur Middleton. Georgia. Button Gwinnett, Lyman Hall, George Walton. ARTICLES OF CONFEDERATION, &c. TO ALL TO WHOM THESE PRESENTS SHALL COME. IVe, the undersigned, delegates of the States affixed to our names, send greeting : Whereas, the delegates of the United States of America, in congress assembled did, on the fifteenth day of November, in the year of our Lord one thousand seven hundred and seventy-seven, 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, Rhode Island and Providence Planta- tions, Connecticut, New- York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Caro- lina, and Georgia, in the words following, viz : Articles of confederation and perpetual union between the states of New- Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, ContiecticLit, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia. Article 1. The style of this confederacy shall be, " The United States of America." Art. 2. Each state retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this confederation expressly delegated to the United States in congress assembled. Art. 3. The said states hereby severally enter into a firni league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare ; binding 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 pretext whatever. Art. 4. 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 ex- cepted, 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 regress to and from any ARTICLES OF CONFEDERATION. Other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, imposi- tions, and restrictions, as the inhabitants thereof respect- ively, provided that such restrictions 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 ; provided, 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 offence. Full 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. Art. 5. For the more convenient management of the general interests 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 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. No state shall be represented in congress by less than two nor more than seven 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 dele- gate, be capable of holding an office under the United States, for which he, or another for his benefit, receives any salary, fees, or emolument of any kind. Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the com- mittee of the states. In determining questions in the United States in con- gress 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 con gress ; and the members of congress shall be protected in ARTICLES OF CONFEDERATION. * 111 their persons from arrests and imprisonments, during the time of their going to and from and attendance on congress, except for treason, felony, or breach of the peace. Art. 6. No state, without the consent of the United States in congress assembled, shall send an 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 what- ever, from any king, prince, or foreign state ; nor shall the United States in congress assembled, or any of them, grant an}^ title of nobility. No two or more states shall enter into any treaty, con- federation, or alliance whatever between them, without the consent of the United States in congress assembled, specifying accurately the purpose 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 in- terfere with any stipulations in treaties entered into by the United States in congress assembled, with any king, prince, or state, in pursuance of any treaties already pro- posed 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 as shall be deemed necessa- ry by the United States in congress assembled, for the de- fence 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 gar- rison the forts necessary for the defence of such state ; but every state shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and have constantly ready for use, in public stores, a 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 re- ceived certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is IV ARTICLES OF CONFEDERATION. SO imminent as not to admit of a delay till the United States in congress assembled can be consulted; nor shall any state grant commissions to any ships or vessels of war, or 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 un- der such regulations as shall be established by the United States in congress assembled, unless such state be infested by pirates, in which case vessels of 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. Art. 7. When land forces are raised by any state for the common defence, all officers 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 ap- pointment. Art. 8. All charges of war, and all other expenses that shall be incurred for the common defence or general wel- fare, and allowed by the United States in congress as- sembled, shall be defrayed out of a common treasury, which shall be supplied by the several states in proportion lo 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. Art. 9. The United States in congress assembled shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article : of sending and receiving ambassadors : entering into treaties and alliances ; provided that no treaty of commerce gball be made whereby the legislative power of the respec- tive states shall be restrained from imposing such imposts ARTICLES OP CONFEDERATION 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 estabhsh- ing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated : of granting letters of marque and reprisal, in times of peace : appointing courts for the trial of piracies 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 hereafter may arise between two or more stales concerning boundary, jurisdiction, or any other cause whatever ; which authority shall always be ex- ercised in the manner following : whenever the legislative or executive authority or lawful agent of any state in con- troversy 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 con- troversy, 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 con- stitute 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 VI. ARTICLES OF CONFEDERATION. which congress shall judge sufficient, or being present shall refuse to strike, the congress shall proceed to nominate three persons out of each state, and the seci^etary of con- gress shall strike in behalf of such party absent or refusing ; and ihe judgment and sentence of the court to be appointed in the manner before prescribed, shall be final and con- clusive; 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 sentence or judgment, which shall in like man- ner be final and decisive, the judgment or sentence, and other proceedings, being in either case transmitted to con- gress, and lodo;ed amono; the acts of congress for the secu- rity of the parties concerned : provided, that every com- missioner, 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 in ques- tion, according to the best of his judgment, without favor, affection, or hope of reward :'■' provided also, that no state shall be deprived of territory for the benefit of the United States. All controversies concerning the private right of soil, claimed under different grants of two or more states, whose jurisdiction 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 determined, 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 Qjeasures throughout the United States : regulating the trade and managing all afiairs with Indians not mem- bers of any of the states ; provided, that the legislative right of any state within its own Umits be not infiinged or ARTICLES OP CONFEDERATION. Vll violated : establishing and regulating post-offices from one state to another, throughout all the United States, and ex- acting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office : appointing all officers of the land forces in the service of the United States, excepting regimental officers: appointing all the officers of the naval forces, and com- missioning all officers whatever in the service of the United O States: making rules for the government and regulation of the said land and naval forces, and directing their ope- rations. The United States in congress assembled shall have authority to appoint a committee to sit in the recess of congress, to be denominated " a committee of the states ;" and to consist of one delegate from each state, and to ap- point 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 num- ber to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three j'ears : 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 ever^^ half 3^ear to the re- spective states an account of the sums of money so bor- rowed or emitted : to build and equip a navy: to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in each 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 soldier-like 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 conofress assembled : but if the United States in congress assembled, shall, on consideration of circum- stances, 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 Vlll ARTICLES OF CONFEDERATION. 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 safety be 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 safely be 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 assenribled. The United States in congress assembled shall never engage in a 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 ascer- tain the sums and expenses necessary for the defence 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 sea 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 adjourn- ing 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 adjournment be for a longer duration than the space of six months ; and shall publish the journal of their proceedings monthly, ex- cept such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secresy; and the yeas and nays of the delegates of each state on any question shall be entered on the journal when it is de- sired 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. Art. 10. The committee of the stales, or any nine of them, shall be authorized to execute in the recess of con- gress, such of the powers of congress as the United States ARTICLES OF CONFEDERATIOxV. IX in congress assembled, by the consent of nine slates, shall, from time to time, think expedient to vest them with ; pro- vided that no p:^wer 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. Art. 11. Canada, acceding to this confederation, and joining in the measures of the United States, shall be ad- mitted into, and entitled to, all the advantages of this union . but no other colony shall be admitted into the same unless such admission be agreed to by nine states. Art. 12. All bills of credit emitted, moneys borrowed, debts contracted, by or under the authority of congress, be- fore the assembling 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 satis- faction whereof the said United States and the public faith are hereby solemnly pledged. Art. 13. Every state shall abide by the determination of the United States in congress assembled, on all ques- tions \vhich, by this confederation, are submitted to them. And the articles of this confederation shall be inviolably observed by every state, and the union shall be pe'-petual; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a con- gress of the United States, and be afterwards confirmed by the legislature of every state. And whereas it has pleased the Great Governor of the world to incline the hearts of the legislatures we respec- tively represent in congress, 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 respective constituents, fully and entirel}'- ratify and confirm each and ever}'" 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 con.- 2 ARTICLES OF CONFEDERATION. federation, are submitted to them ; and that the articles thereof shall be inviolably observed by the states we re- spectively represent ; and that the union shall be per- petual. In witness whereof, we have hereunto set our hands, in congress. Done at Philadelphia, in the state of Penn- sylvania, the ninth day of July, in the year of our Lord one thousand seven hundred and seventy-eight, and in the third year of the independence of America. On the part and behalf of the state of New Hampshire. Josiah Bartlet, John Weiitworth,jiiu., August 8, 1778. On the part and behalf of the state of Massachusetts Bay. John Hancock, Francis Dana, Samuel Adams, James Lovell, Elbridge Gerry, Samuel Holten. On the part and in behalf of the state of Rhode Island and Promd^nct Plantations. , William Ellery, John Collins. Henry Marchant, On the part and behalf of the state of Connecticut. Roger Sherman, Titus Hosmer, Samuel Huntington, Andrew Adams. Oliver Wolcott, On the part and behalf oj the state of Neio-YorJc. Jas. Duane, Wm. Duer, _ Fra. Lewis, Gouv. Morris. On the part and in behalf of the state of New- Jersey. Jno. Witherspoon, Nath. Scudder, Nov. 26, 1778. On the part and behalf of the state of Pennsylvania. Robt. Morris, William Clingan, Daniel Roberdeau, Joseph Reed, 22d July, 1778. Jona. Bayard Smith, On the part and behalf of the state of Delaivare. Tho. M'Kean, Feb. 13, 1779, Nicholas Van. Dyke. John Dickinson, May 5th, 1779, On the part and behalf of the state of Maryland. Joha Hanson, March 1, 1781. Daniel Carroll, March 1, 1781 On the part and behalf of the state of Virginia. Richard Henry Lee, Jno. Harvie, John Banister, Francis Lightfoot^ Lee. Thomas Adams, ARTICLES OF CONFEDERATION. XJ On the part mid behalf of the state of North- Carolina. John Penn, July 21, 1778, Jno. Williams. Corns. Haruett, On the part and behalf of the state of South-Carolina. Henry Laurens, Richard Hutson, William Henry Drayton, Thos. Heywood,jun. Jno. Mathews, On the part and behalf of the state of Georgia, Jno. Walton, 24th July, 1778. Edwd. Langworthy. Edwd. Teinxir, [Note — From the circumstance of delegates from the same state having signed the articles of confederation at different times, as appears by the dates, it is probable they aifixed their names as they happened to be present in congress, after they had been authorized by their constituents.] [The above articles of confederation continued in force until the 4th day of Marchj 1789, when the constitution of the Uuited States took effect.] CONSTITUTION OF THE UNITED STATES. PREAMBLE. We, the people of tlie 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 blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. Ofihe Legislature. SECTION I. 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 Representatives. 10 CONSTITUTION OF SECTION 11. 1. The House of Representatives 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. 2. No person shall be a representative who shall not have attain- ed to the age of twenty-fi.ve 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. 3. Representatives and direct taxes shall be apportioned among the several states which may be included within this union, accord- ing to their respective numbers, which shall be determined by add- ing to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three- fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of represen- tatives shall not exceed one for every thirty thousand, but each state shall have at least one representative ; and until such enume- ration shall be made, the state of Neto Hampshire shall be entitled to choose three ; Massachusetts eight ; Rhode 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. 4. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill up such vacancies. 5. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. SECTION HI. 1. The Senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years, and each senator shall have one vote. 2. 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 expiration of the fourth, 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 temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. 3. 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 THE UNITED STATES, 11 States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. 4. The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other officers, and also a presL dent pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United -States. 6. 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. 7. Judgment in case 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 in- dictment, trial, judgment, and punishment according to law. SECTTON rv. 1. The times, places, and manner of holding elections for sena- tors and representatives, shall be prescribed in each state by the legislature thereof ; but the Congress may at any time, by law, make or alter such regulations, except as to the place of choosing senators. 2. 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. SECTION V. 1. Each House shall be the judge of the elections, returns, and qualifications of its own members ; and a majority of each shall con- stitute a quorum to do business ; but a smaller number may ad- journ from day to day, and may be authorized to compel the attend- ance of absent members, in such manner and under such penalties as each House may provide. 2. Each House may determine the rule of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member. 3. 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 naj'^s of the members of either House^ on any qiiestion, shall, at the desire of one-fifth of those present, be entered on the journal. 4. 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. 12 CONSTITUTION OP SECTION VI. 1. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treas- ury 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 or returning from the same ; and for any speech or debate in either House, they shall not be questioned in any other place. 2. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emolu- ments whereof shall have been increased, during such time ; and no person holding any office under the United States shall be a mem- ber of either House during his continuance in office. SECTION VII. 1. All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or concur with amend- ments, as on other bills. 2. Every bill which shall have passed the House of Representa- tives and the Senate shall, before it become a law, be presented to the President 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 objection at large on 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, together with the objections, to the other House, by which it shall likewise 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 and against the bill shall be entered on the journal of each House respectively. 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 adjourn- ment prevent its return, in which case it shall not be a law. 3. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary, (except 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 re-passed by two-thirds of the Senate and House of Representatives, accord- ing to the rules and limitations prescribed in the case of a bill. SECTION VIII. The Congress shall have power — 1. To lay and coRect taxes, duties, imposts, and exciseSj to pay THE UNITED STATES. 13 the debts and provide for tlie common defense and general welfare of the United States ; but all duties, imposts, and excises shall be uniform throughout the United States : 2. To borrow money on the credit of the United States : 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes : 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States: 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures : 6. To provide for the punishment of counterfeiting the securities and current coin of the United States : 7. To establish post offices and post roads: 8. 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 : 9. To constitute tribunals inferior to the Supreme Court : 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations : 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water : 12. To raise and support armies ; but no appropriation of money to that use shall be for a longer term than two years : 13. To provide and maintain a navy: 14. To make rules for the government and regulation of the land and naval forces : 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions : 16. To provide for organizing, arming, and disciplining the mili- tia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress : 17. 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, 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or any department or officer thereof. SECTION IX i. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not l>e pro- 14 CONiSTITUTION OP hibited by the Congress prior to the year one thousand eight hun- dred and eight, but a tax or duty may be imposed on such importa- tion, not exceeding ten dollars for each person. 2. 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. 3. No bill of attainder, or ex-post-facto law, shall be passed. 4. No capitation or other direct tax shall be laid, unless in pro- portion to the census or enumeration hereinbefore directed to be taken. 5. No tax or duty shall be laid on articles exported from 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. 6. No money shall be drawn from the treasury but in consequence of appropriations made by law ; and a regular statement and account of the receipts and expenditures of all public money shall be pub- lished from time to time. 7. No title of nobility shall be granted by the United States, and no person holding any ofl&ce of profit or trust un.der them shall, without the consent of Congress, accept of any present, emolument, ofiice, or title of any kind whatever, from any king, prince, or foreign state. SECTION X. 1. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal ; coin money ; emit bills of cre- dit ; make anything but gold and silver 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. 2. No state shall, without the consent of 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 Congress. No state shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any ag.reement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent dan- ger as will not admit of delay. AKTICLE II. Of the Executive. SECTION I. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during tlie THE UNITED STATES. 15 term of four years, and, together with the Vice President, chosen for the same term, be elected as follows : — 2. 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 representatives to which the state may be entitled in Congress ; but no senator or representative, or person holding any office of trust or profit under the United States, shall be ap- pointed an elector. 3. The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhab- itant 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 President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person hav- ifig the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed ; and if there be more than one who have such a 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 re- presentation 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. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice Presi- dent. 4. The Congress may determine the time of choosing the electors and the day on which they shall give their votes, which day shall be the same throughout the United States. 5. No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall bo eligible to the ofiice 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 fourteen years a resident within the United States. 6. In case of the removal of the President from office, 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 resignation, or inability, both of the President and Vice President, declarhi!^ what officer shall then act as President : and such otiicei* 16 CONSTITUTION OP shall act accordingly, until tlie disability be removed or a President shall be elected. 7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished dur- ing the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or anj' of them. 8. 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." SECTION 11. 1. 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 the actual service of the United States ; 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 for offences against the United States, except in cases of impeachment. 2. 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 consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all 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 offi- cers as they think proper in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commis sions, which shall expire at the end of their next session.. SECTION m. 1. He shall, from time to time, give to 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 extraordinary occasions, convene both Houses, or either of them ; and in case of disagreement between them', with respect to the time of adjournment, 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 commission all the officers of the United States. THE UNITED STATES. 17 SECTION IV. 1. 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 misde- meanors. ARTICLE III. Of the Judiciary. SECTION I. 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may, from time to time order and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behaviour ; and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. SECTION n. 1. 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 aifecting ambassadors, other public ministers, and consuls ; to all cases of admiralty and maritime jurisdiction ; to controversies to which the United States shall be a party ; to controversies between two or more states ; between a state and citizens of another state ; between citizens of different states ; between citizens 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. 2. In all cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as Congress shall make. 3. 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 Congress may by law have directed. SECTION III. 1. 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 confession in open court. 2. Congress shall have power to declare the punishment of trea- son ; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. 18 CONSTITUTION OP ARTICLE IV. Miscellaneous. SECTION I. 1. Full faith and credit shall be given in each state to the pub- lic acts, records, and judicial proceedings of every other state. And Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof SECTION n. 1. The citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states. 2. 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 jurisdic- tion of the crime. 3. No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or xegulation 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. * SECTION m. 1. New states may be admitted by Congress into this union ; but ao 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 legisla- tures of the states concerned, as well as of Congress. 2. Congress shall have power to dispose of, and make all needful rules and regulations respecting the territory, or other property be- longing to the United States ; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States or of any particular state. SECTION IV. 1. The United States shall guarantee to every state in this union a I'epublican 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 domes- tic violence. ARTICLE V. Of Amendments. 1. Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution ; or, on the THE UNITED STATES. 19 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 Con- stitution, 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 of ratification may be proposed by 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, without its consent, shall be deprived of its equal suffrage in the Senate. AETICLE VI. Miscellaneous. 1. 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. 2. 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, anything in the constitution or laws of any state to the contrary notwithstanding. 3. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judi- cial officers, 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 office, or public trust, under the United States. ARTICLE VII. Of the Ratification. 1. The ratification of the conventions of nine states shall be suffi- cient for the establishment of this Constitution between the states so ratifying the same. Done in Convention, by the unanimous consent of the states pre- sent, the seventeenth day of September, in the year of our Lord one thousand seven hundred an.d eighty-seven, and of the Inde- pendence of the United States of America the twelfth. In wit- ness whereof, we have hereunto subscribed our names. GEORGE WASHINGTON, President, and Deputy from Virginia- 20 CONSTITUTION OP NEW HAMPSHIRE. John Langdon, Nicholas Gilman. MASSACHUSETTS. Nathaniel Gorman, Rufus King. CONNECTICUT. William Samuel Johnson, Roger Sherman. DELAWARE. Greorge Read, Grunning Bedford, jun., John Dickinson, Richard Bassett, Jacob Broom. MARYLAND. James M'Henry, Daniel of St. Tho. Jenifer, Daniel Carroll. NEW YORK. Alexander Hamilton. NEAV JERSEY. William Livingston, David Brearly, William Patterson, Jonathan Dayton. PENNSYLVANIA. Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared IngersoU, James Wilson, Governeur Morris. Attest, VIRGINIA. John Blair, James Madison, jr. NORTH CAROLINA, William Blount. Richard Dobbs Spaight, Hugh Williamson. SOUTH CAROLINA. John Rutledge, Chas. Cotesworth Pinckney, Charles Pinckney, Pierce Butler. GEORGIA. William Few, Abraham Baldwin. WILLIAM JACKSON, Secretary. AMENDMENTS TO THE CONSTITUTION. Art. 1. Congress shall make no law respecting an establish- ment of religion, or prohibiting the free exercise thereof ; or abridg- ing the freedom of speech, or of the press ; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Art. 2. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. Art. 3. 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. THE UNITED STATES. 21 Art. 4. The riglit oi the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seiz- ures, shall not be violated ; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Art. 5. No person shall be held to answer for a capital or other- wise 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 offence, to be put twice in jeopardy of life or limb ; 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 ; nor shall private property be taken for public use without just compensation. Art. 6. 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 witnesses against him; to have compulsory process for obtaining witnesses in his favor ; and to have the assistance of counsel for his defense. Art. 7. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be pre- served ; and no fact tried by jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law. Art. 8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Art. 9. The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. Art. 10. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Art. 11. The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or pro- secuted against one of the United States by citizens of another state, or by citizens or subjects of another state, or by citizens or subjects of any foreign state. Art. 12. ^ 1. 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 distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number 3 22 CONSTITUTION OP of votes for each, which list they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the President of the Senate : the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted ; the person having the greatest number of votes for President shall be the Pres- ident, if such number be a majority of the whole number of electors appointed ; and if no person have such a majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives 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 Representatives 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 Presi- dent, as in the case of the death or other constitutional disability of the President. 2. The person having the greatest number of votes as Vice Presi- dent, 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 major- ity of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of Presi- dent shall be eligible to that of Vice President of the United States. Note. — At the fourth presidential election, Thomas Jefferson and Aaron Burr were the democratic candidates for President and Vice President. By the electoral returns they had an even number of votes. In the House of Re- presentatives, Burr, by intrigue, got up a party to vote for him for President ; and the House was so divided that there was a tie. A contest was carried on for several days, and so warmly, that even sick members were brought to the House on their beds. Finally one of Burr's adherents withdrew, and Jefferson was elected by oTie majority — which was the cccasion of this twelfth article. Mi\INE. The first settlement in Maine was made in Bristol, on the east side of the Damariscotta River, at Pemaquid Point. This State was oiiginally granted by James I. to the Plymouth Company, by whom it was transferred to Mason and Gorges, in 1624. The territory was afterwards purchased by Massachu- setts for .£1,250, who obtained a confirmation of the charter in 1691. This State, formerly the District of Maine, became independent of Massachusetts in 1820, and adopted its Constitution. Area of Maine, 28,920 square miles — 3000 sq. m. having been taken Irom it by the treaty at Washington, by which the boundary between the United States and Great Britain was settled. Population, in 1850, 583,088. CONSTITUTION. "We the people of Maine, in order to establisli justice, ensure tranquillity, provide for our natural 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 accomplishment, do agree to form ourselves into a free and indepen- dent State, by the style and title of the State of Maine, and do or- dain and establish the following Constitution for the government o/ the same : 24 CONSTITUTION OF ARTICLE I. Declaration of Rights. Sec, 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, possess- ing, 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 inalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it. 3. All men have a natural and inalienable right to worship Al- mighty Grod according to the dictates of their own consciences, and no one shall be hurt, molested, or restrained in his person, liberty, or estate, for worshiping Grod 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 per- sons demeaning themselves peaceably, as good members of the State. shall be equally under the protection of the laws, and no subordina tion nor preference, of any one sect or denomination to another shall ever be established by law, nor shall any religious test be re quired as a qualification for any office or trust under this State ; and all religious societies in this State, whether incorporate or unincor- porate, shall at all times have the exclusive right of electing their public teachers, and contracting with them for their support and maintenance. 4. Every citizen may freely speak, write, and publish his senti- ments on any subject, being responsible for the abuse of this liberty. No laws shall be passed regulating or restraining the freedom of the press ; and, in prosecutions for any publication respecting the offi- cial conduct of men in public capacity, or the qualifications of those who are candidates for the suifrages of the people, or where the mat- ter published is proper for public information, 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 de- termine, 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 war- rant 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 MAINE. 25 demand the nature and cause of the accusation, and liaye 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 by 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 offences 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 indispen- sable. 8. No person for the same offence 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 offence ; excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual pun- ishments inflicted. 10. All persons, before conviction, shall be bailable except for capital offences, where the proof is evident, or the presumption great ; and 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. 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. No 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 corporeal punishment under military law, except such as are employed in the army or navy, or in the militia when in actual service, in time of war, or public danger. 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 representatives, and to request of either de- partment of the government, by petition or remonstrance, redress of their wrongs and grievances. 15. Every citizen has a right to keep and bear arms for the conj mon defense ; and this risht shall never be questioned. 26 CONSTITUTION OF 1 7. No standing army shall be kept up in time of peace, without the consent of the Legislature ; and the milit ary shall, in allcases, and at all times, be in strict subordination to the civil power. 1 8. JSTo 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, reputa- tion, property, or immunities, shall have remedy by due course of law ; and right and justice shall be administered freely and without sale, completely and without denial, promptly and without delay. 20. In all civil suits, and in all controversies concerning property, the parties shall have a right to a trial by jury, except in cases where it has heretofore been otherwise practised : the party claim- ing 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. 22. No tax or duty shall be imposed without the consent of the people, or their representatives in the Legislature. 23. No title of nobility or hereditary distinction, privilege, honor, or emolument, shall ever be granted or confirmed ; nor shall any office be created, the appointment to which shall be for a longer time than during good behavior. 24. The enumeration of certain rights shall not impair nor deny others retained by the people. AKTICLE IL Electors. Sec. 1. Every male citizen of the United States, of the age of twenty-one years and upwards, excepting paupers, persons under guardianship, and Indians not taxed, having his residence establish- ed in this State for the term of three months next preceding any election, shall be an elector for Grovernor, senators, and representa- tives, in the town or plantation where his residence is so established, and the elections shall be by written ballot. But persons in the military, naval, or marine service of the United States, or this State, shall not be considered as having obtained such established residence by being stationed in any garrison, barrack, or military place, in any town or plantation : nor shall the residence of a stu- dent at any seminary of learning entitle him to the right of suffrage in the town or plantation where such seminary is established. 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, 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. MAINE. 27 4. The election of Governor, senators, and representatives shall be on the second Monday of September, annually, forever. ARTICLE III. Distribution of Powers. ' 8kc. 1. The powers of this government shall be divided into three distinct departments, the legislative, executive, and judicial. •2. 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. ARTICLE IV. Part first. — Legislative Power — House of Representatives. Sec. 1. The legislative power shall be vested in two distinct branches : a House of Representatives 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 tlie Seriate and Hou^e of Representatives in Legislature assembled." 2. The House of Representatives 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 next day preceding the annual meeting of 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, cause the number of the inhab- itants of the State to be ascertained, exclusive of foreigners not naturalized, and Indians not taxed. The number of rej^resentatives shall, at the several periods of making such enumeration, be fixed and apportioned among the several counties, as near as may be, ac- cording to the number of inhabitants, having regard to the relative increase of population. The number of representatives shall, on said first apportionment, be not less than one hundred nor more than one hundred and fifty ; and whenever the number of representatives 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 representatives shall be increased or diminished ; and if a ma- jority 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 elect one representative ; each town having three thousand seven hundred and fifty may elect two ; each town having six thousand seven hun- dred and fifty may elect three ; each town having ten thousand five 28 CONSTITUTION OP hundred 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 hun- dred and fifty inhabitants may elect seven ; but no town shall ever be entitled to more than seven representatives ; and towns and plan- 'tations, duly organized, not having fifteen hundred inhabitants, shall be classed, as conveniently as may be, into districts, containing that number, and so as not to divide towns ; and each such district may elect one representative ; and when on this apportionment, the number of representatives shall be two hundred, a different appor- tionment 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 diminished as to give the number of representatives according to the above rule and proportion ; and whenever any town or towns, plantation or plantations, not entitled to elect a representative, shall determine against a classification with any other town or plantation, the Legis- lature may, at each apportionment of representatives, on the appli- cation of such town or plantation, authorize it to elect a representa- tive 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 apportion- ment. 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 : having 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 electors 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, or- ganized by law, belonging to any class herein provided, shall hold their meetings at the same time in the respective towns and planta- tions ; and the town and plantation meetings in such towns and plantations, shall be notified, held, and regulated, the votes received, sort.ed, counted and declared, in the same manner. And the asses- MAINE. 29 sors 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 Constitution. 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 pre- scribed 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 deliv- er the certified copies of such lists to the person so elected, within ten days next after such election ; and the clerks of towns and plan- tations, 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 pro- ceedings shall be at every future meeting until an election shall have been effected, provided, that the Legislature may, by law, prescribe a different mode of returning, examining, and ascertaining the election of the representatives 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 Hotise of Representatives shall choose their speaker, clerk, and other officers. 8. The House of Representatives shall have the sole power of impeachment. Part second. — Senate. § 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 representatives, by the qualified electors of the districts into which the State shall from time to time be 'divided. 2. 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 subseqtient 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 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 votes received, sorted, counted, declared, and recorded, in the same manner as those for representatives ; and fair copies of the lists of votes shall be attested by the selectmen and town clerks of towns, and the assessors and clerks of plantations, 30 CONSTITUTION OF and sealed up in open town and plantation meetings, and the town and plantation clerks, respectively, shall cause the same to be deliv- ered into the secretary's office thirty days at least before the first Wednesday of January. All other qualified electors, living in pla- ces 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 ac- cordingly. 4. The governor and council shall, as soon as maybe, examine re- turned copies of such lists, and, twenty days before the said first Wednesday of January, issue a summons -o such persons as shall appear to be elected bs 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 Janviary, an- nually, determine who are elected by a majority of votes to be sena- tors in each district ; and, in case the full number of senators to be elected from each district shall not have been so elected, the mem- bers 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 defi- cient, in every district if there 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 pixrpose, shall be on oath or affirmation ; and no person shall be convicted without the concurrence of two- thirds 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. Part third. — Legislative Power. Sec. 1. The Legislature shall convene on the first Wednesday of January, annually, and shall have full power to make and establish all 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 MAINE. 31 of adjournment, which shall have passed both houses, shall be pre- sented to the Grovernor, 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 its jour- nals, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass it, it shall be sent, to- gether with the objections, to the other house, by which it shall be reconsidered ; and, if approved by two-thirds of that house, it shall have the same effect as if it had been signed by the GrOvernor ; 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 (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 Legislature by their adjournment p]"e- vent its return, in which ease it shall have sueh 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 c[uoru.m 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 shall provide. 4. Each house may determine the rules of its proceedings, pun- ish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause. 5. Each house shall keep a journal, and from time to time pub- lish its proceedings, except siich 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 pre- sent, be entered on the journals. 6. Each house, during its session, may punish, by imprisonment, any person, not a member, for disrespectful or disorderly behaviour in its presence ; for obstructing any of its proceedings ; threatening, assaulting, or abusing any of its members for anything said, done, or doing, in either house : Provided, that no imprisonment shall extend beyond the period of the same session. 7. The senators and representatives shall receive such compensa- tion as shall be established by law ; but no law increasing their compensation shall take effect during the existence of the Legislature which enacted it. The expenses of the members of the House of Representatives in traveling to the 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 there- from without leave. 8 The senators and representatives shall, in all cases, except 32 CONSTITUTION OP treason, felony, or breach of the peace, be privileged from arrest during their attendance at, going to, and returning from each ses- sion of the Legislature, and no member shall be liable for anything 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 Representatives, but the Senate may propose amendments, as in other cases ; pro- vided, that they shall not, under color of amendment, introduce any new matter, which does not relate to raising a revenue. 10. No senator or representative 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 filled 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 undei the United States (post officers excepted), nor office of profit under this State, justices of the peace, notaries public, coroners, and offi- cers of the militia, excepted, shall have a seat in either house during his being such member of Congress, or his continuing in such office. 12. Neither house shall, dui'ing the session, without 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 Power. Sec. 1. The supreme executive power of this State shall be vested in a Grovernor. 2. 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 repre- sentatives. 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 list 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 per- sons having the four highest numbers 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. MAINE. 33 r— ' — ' 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 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 Legisla- ture, unless it shall 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 sheriff, coroners, registers of probate, and notaries public ; and he shall also nominate, and with the advice and consent of the Council, ap- point, 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 shall 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. 12. He shall take care that the laws be faithfully executed. 13. He may, on extraordinary occasions, convene the Legisla- ture ; 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 meet- ing ; and if, since their last adjournment, the place where the Legis- lature 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. 1 4. 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, re- moval from office, or other disqualification of the President of the Senate, so exercising the office of Governor, the Speaker of the 34 CONSTITUTION OF House of Representatives shall exercise the office, until a President of the Senate shall have been chosen ; and when the office of Grovernor, 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 maybe chosen to exercise the office of Governor. And whenever either the President of the Senate or Speaker of the House shall so exercise said office, he shall receive only the compen- sation of Grovernor, 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. Part second. — Comicil. Sec. 1. There shall be a Council, to consist of seven persons, citizens of the United States, and residents of this State, to advise the Gov- ernor in the executive part of the government, whom the Governor shall have full power, at his discretion, to assemble ; and he, with the counselors, or a majority of them, may, from time to time, hold and keep a council, for ordering and directing the affairs of State ac- cording to law. 2. The counselors shall be chosen annually, on the first "Wed- nesday of January, by joint ballot of the senators and representa- tives in convention ; and vacancies which shall afterwards hap^^en, shall be filled in the same manner ; but not more than one counsel- or shall be elected from any district prescribed for the election of senators ; and they shall be privileged from arrest in the same man- ner as senators and representatives. 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 counselor 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 office under the United States, (post of- ficers excepted,) nor any civil officers under this State, (justices of the peace and notaries public excepted,) shall be counselors. And no counselor shall be appointed to any office during the time for which he shall have been elected. Part third. — Secretary. Sec. 1. The Secretary of State shall be chosen annually, at the first session of the Legislature, by joint ballot of the senators and representatives in convention. 2. The records of the State shall be kept in the office of the Se- cretary, who may appoint his deputies, for whose conduct he shall be accountable. 3. He shall attend the Governor and Council, Senate and House of Representatives, in person, or by his deputies, as they shall re- spectively req^uire. MAINE. 35 4. He shall carefully keep and preserve the records of all the . oflicial acts and proceedings of the Grovernor and Council, Senate, and House of Representatives, 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 aequired by law. Part fourth. — Treasurer. Sec. 1. The Treasurer shall be chosen annually, at the first ses* sion of the Legislature, by joint ballot of the senators and represen- tatives in convention, but shall not be eligible more than five yeara successively. 2. 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, en- gage in any business of trade or commerce, or as a broker, nor as an agent or factor for any merchant or trader. 4. No money shall be drawn from the treasury, but by warrant from the Governor and Council, and in consequence of appropria- tions made by law ; and a regular statement and account of the receipts and espenditures of all public money shall be published at the commencement of the annual session of the Legislature. ARTICLE VL Judicial Power. Sec. 1. The judicial power of this State shall be vested in a Su- preme Judicial Court, and such other courts as the Legislature shall, from time to time, establish. 2. 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 the expiration of which term, they may be re-appointed, or others ap- pointed, as the public interest may require. 6. The justices of the Supreme Judicial Court shall hold no office under the United States, nor any state, nor any other office under this State, except that of justice of the peace. 36 CONSTITUTION OF AETICLE VIl. Military. Sec. 1. The captains and subalterns of the militia shall be elected by the written votes of the members of their respective companies ' the field-officers of regiments, by the written votes of the cap- tains and subalterns of their respective regiments ; the brigadier- generals, in like manner, by the field officers of their respective bri- gades. 2. 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 ; 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-general shall be elected by the Senate and House of Representatives, 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 stafi-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 Legis- lature. 5. Persons of the denomination 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 exempt- ed, unless he shall pay an equivalent, to be fixed by law. ARTICLE VIIL Literature. A general difi'usion of the advantages of education being essen- tial to the preservation of the rights and liberties of the people : to promote this important object, the Legislature are authorized, and it shall be their duty, to require the several towns to make 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 en- dowment, shall at any time be made by the Legislature, to any lite- rary institution now established, or which may hereafter be estab- MAINE. 37 lished, unless at the time of making such endowment, the Legisla- ture 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 ARTICLE IX. General Provisions. Sec. 1. Every person elected or appointed to either of the places or of&ees 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 :" pro- vided, that an affirmation in the above forms may be substituted, 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 counselors before the presiding officer of the Senate, in the presence of both bouses of the Legislature, and by the sena- tors and representatives before the Governor and Council, and by the residue of said officers 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 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 representatives first elected under this Constitu- tion shall take and subscribe such oaths or affirmations, before the President of the Convention. 2. No person holding the office of justice of the Supreme Judi- cial Court, or of any inferior court, attorney-general, county attor- ney, treasurer of the State, adjutant-general, judge of probate, regis- ter of probate, register of deeds, sheriffs or their deputies, clerks of the judicial courts, shall be a member of the Legislature ; and any person holding either of the foregoing offices, elected to and accept- ing 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 be- fore mentioned. .3. All commissions shall be in the name of the State, signed by 4 38 CONSTITUTION OF the Governor, attested by the Secretary or his deputy, and have the seal of the State thereto affixed. 4. And in case 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, after- wards, 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 person holding any office may be removed by the Grovernor, 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. ARTICLE X. Schedule. Sec. 1. The first Legislature shall meet on the last Wednesd-ay in May next. The elections on the second Monday in September, annually, shall not commence until the year one thousand eight hundred and twenty-one, and, in the meantime, the election for Governor, senators and representatives, shall be on the first Mon- day 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 fro 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 senators, and shall have all the powers, and be subject to all the duties in ascertaining, notifying, and summoning the senators who appear to be elected, as the Gov- ernor and Council have, and are subject to, by this Constitution : provided, he shall notify said senators fourteen days at least before MAINE. 39 the last Wednesday in May, and vacancies shall be ascertained and filled in the manner herein provided ; and the senators to be elected on the said first Monday of April shall be apportioned as follows: 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 Ox- ford shall elect two ; the county of Somerset shall elect two ; the county of Penobscot shall elect one. And the members of the House of Representatives shall be elect- ed, ascertained, and returned in the same manner as herein provided at elections on the second Monday of September: and the first HoiTse 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 representatives ; and each of the remaining towns may elect one. County of Cumheiiancl. — The town of Portland may elect three representatives ; North Yarmouth, two ; Brunswick, two ; Grorham, two ; Freeport and Pownal, two ; Raymond and Otisfield, one ; Bridgton, Baldwin, and Harrison, one ; Poland and Danville, one ; and each remaining town. one. County of Lincoln. — The towns of G-eorgetown and Phipsburg may elect one representative ; Lewistown and Wales, one ; St. George, Gushing, and Friendship, one ; Hope and Appleton Ridge, one ; Jefferson, -Putnam, and Patricktown Plantation, one ; Alba and Whitefield, one ; Montville, Palermo, and Montville Planta- tion, one ; Woolwich and Dresden, one ; and each remaining town, one. County of Hancock. — The town of Bucksport may elect one re- presentative ; Deer Island, one ; Castine and Brooksville, one ; Or- land and Penobscot, one ; Mount Desert and Eden, one ; Vinal- haven and Isleborough, one ; Sedgwick and Bluehill, one ; Goulds- borough, Sullivan, and Plantations Nos. 8 and 9, north of Sullivan, one ; Surry, Ellsworth, Trenton, and Plantation of Mariaville, one ; Lineolnville, Searsmont, and Belmont, one ; Belfast and Northport, one ; Prospect and Swanville, one ; Frankfort and Mon- roe, one ; Knox, Brooks, Jackson, and Thorndike, one. CovMty of Washington. — The towns of Steuben, Cherryfield, and Harrington, may elect one representative ; Addison, Columbia, and Jonesborough, one ; Machias, one ; Lubec, Dennysville, Plantations No. 9, No. 10, No. 11, No. 12, one; Eastport, one; Perry, Robin- son, 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 representative ; Chesterville, Vienna, and Rome, one ; Wayne and Fayette, one ; Temple and Wilton, one ; Winslow and 40 CONSTITUTION OP 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, Wield, and Plantations Nos. 1 and 4, may elect one representative ; Jay and Hartford, one ; Livermore, one ; Rumford, East Andover, and Plantations Nos. 7 and 8, one ; Turner, one ; Woodstock, Paris, and Greenwood, one ; Hebron and Norway, one ; Gilead, Bethel, New- ry, Albany, and Howard's Gore, one ; Porter, Hiram, and Brown- field, one ; Waterford, Sweden, and Lovell, one ; Denmark, Frye- burg, and Fryeburg Addition, one ; Buckfield and Sumner, one. County of Sovierset. — The town of Fairfield may elect one repre- sentative ; Norridgwock and Bloomfield, 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, Ripley, and Warrenstown, one. County of Penobscot. — The towns of Hampden and Newburg may elect one representative; Orrington, Brewer, and Eddington, and Plantations adjacent, on the east side of Penobscot River, one ; Bangor, Orono, and Sunkhaze Plantation, one ; Dixmont, Newport, Carmel, Hermon, Stetson, and Plantation No. 4, in the 6th range, one ; Levant, Corinth, Exeter, New Charlestown, Blakesburg, Plan- tation No. 1, in 3d range, and Plantation No. 1, in 4tli range, one ; Dexter. Garland, Guilford, Sangerville, and Plantation No. 3, in 6th range, one ; Atkinson, Sebec, Foxcroft, Brownville, Williams- burgh, Plantation No. 1, in 7th range, and Plantation No. 3, in 7th 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 Gov- ernor, as the Secretary of State has, and is subject to, by this Con- stitution : and the election of Governor shall, on the said last Wednesday in May, be determined and declared in the same man- ner as other elections of Governor are by this Constitution ; and, in case of vacancy in said office, the President of the Senate, and Speaker of the House of Representatives, shall exercise the office as herein otherwise provided, and the counselors. Secretary, and Trea- surer, shall also be elected on the said day, and have the same powers, and be 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 Se- cretary 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 Secretary pro tempore, to be by them appointed, shall have and perform. MAINE. 41 2. The period for which the governors, senators and representa- tives, counselors. Secretary, and Treasurer, first elected, or appoint- ed, are to serve in their respective offices and places, shall commence on the last Wednesday in May, in the year of our Lord one thou- sand eight hundred and twenty, and continue until the first Wednes- day 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 assessors of the several plantations, empowering and directing them to notify the inhabitants of their respective towns and planta- tions, in the manner prescribed by law, at their next annual meet- ings in the month of September, to give in their votes on the ques- tion whether such amendment shall be made ; and if it shall appear that a majority of the inhabitants voting on the question are in fa- vor 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 nineteenth day of June, in the year of our Lord one thousand eight hundred and nine- teen, 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 : " Sect. 1. Whereas it has been represented in 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, by the Senate and House of Representatives hi Gen- eral Court assembled, and by the authority of the same, That the con- sent 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 condi- tions : 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 42 CONSTITUTION OF 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 the said lands remains in the commonwealth ; and the rights of the commonwealth 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 commonwealth and in the courts thereof; for which pur- poses, and for the maintenance of its rights and recovery of its lands, the said commonwealth 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 performance of the condition of set- tling duties, so called, which have accrued, or may accrue, shall re- main in this commonwealth, to be enforced, commuted, released, or otherwise disposed of, in such manner as this commonwealth may hereafter determine : provided, however, that whatever this com- monwealth may hereafter receive or obtain on account thereof, if any thing shall, after deducting all reasonable charges relating there- to, 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, under the law of Congress, entitled, ' An act making provision 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 common- wealth, for disbursements made, and expenses incurred, for the defence of the State during the late war with Glreat Britain, shall be re- ceived by this commonwealth ; and when received, shall be divided between the two States, in the proportion of two thirds to this com- nc.onwealth, and one third to the new State. ' " Fourth. All other property, of every description, 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 district 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 proper- ty so held by said commonwealth, as an equivalent and indemnifica- tion to said commonwealth for all such debts, annuities, or Indian subsidies, or claims, which may remain due, or unsatisfied ; and all MAINE. 43 the surplus of the said property, so holden, as aforesaid, shall be di- vided between the said commonwealth and the said district of Maine, in the proportion of two-thirds to the said commonwealth and one- third to the said district ; and if, in the judgment of the said com- missioners, the -whole of said property, so held, as a fund and secu- rity, shall not be 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 arrange- ments can be made for that purpose, assume and perform all the duties and obligations of this commonwealth towards the Indiana 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 stip- ulations 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 arrange- ments shall be completed, and the said duties and obligations as- sumed, shall pay to said new State the value of thirty thousand dol- lars, in manner following, viz. : The said commissioners shall set oif, by metes and boimds, 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 purpose men- tioned in this act, shall be appoinied in manner following : The exe- cutive 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 cit- izen 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 de- termine what lands shall be surveyed and divided, from time to time, the expenses 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 44 CONSTITUTION OF records, authenticated by tliem, shall be deposited, from time to time, iu the archives of the respective States ; transcripts of which, properly certified, 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 commis- sioners ; having, however, first appointed a substitute or substitutes, and may fill any vacancy happening with respect to its own commis- sioners ; four of said commissioners shall constitute a quorum for the transaction of business ; their decision shall be final upon all subjects within their cognizance. In case said commission shall ex- pire, the same not having been completed, and either State shall re- quest 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 shall, after six months' notice, neglect or refuse to appoint its com- missioners, 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 common- wealth, 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 President 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 re- servations shall be made for the benefit of schools, and of the min- istry, as have heretofore been usual in grants made by this com- monwealth. And all lands heretofore granted by this commonwealth to any religious, literary, or elemosynary 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 iu the proposed State, with re- gard 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 proposed State, and the lands and rights of property of the cit- izens 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 said district was still a part of this commonwealth, in all suits pending, or judgments remaining unsatisfied, on the fif- teenth day of March next, where the suits have been commenced in MAINE. 45 Massachusetts proper, and process has been served -within the dis- trict of Maine ; or commenced in the district of Maine, and process has been served in Massachusetts proper, either by taking bail, making attachments, arresting and detaining pei'.sons, 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 common- wealth 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 common- wealth, 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 sh~all become a separate and independent State, shall, ipso faclo., be incorporated into, and become, and be a part of, any consfcitutiou, provisional or other, under which the government of the said proposed State shall, at any time hereafter, be administered ; subject, however, to be modified or annulled by the agreement of the Legislature of both the said States ; but by no other power or body v/hatsoever." Sec. 6. This Constitution shall be enrolled on parchment, de- posited 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. Done in Convention, October 29, 1819. ENT8 TO THE CONSTITUTION, Adopted in pursuance of the Fourth Section of the Tenth Article of the original Constitution. ARTICLE L The electors resident in any city, may, at any meeting duly noti- fied for the choice of representatives, vote for such representatives in their respective ward meetings ; and the wardens in said wards shall preside impartially at such meetings, receive votes of all quali- fied 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 per- son against his name ; shall make a fair record thereof in the pres- ence 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 46 CONSTITUTION OP MAINE. in open ward meeting, and delivered to the city clerk within twenty- 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 elected by the aldermen ; and the city clerk of any city shall make a record thereof, and the aldermen and cit)^ clerk shall deliver certified copies of such lists to the person or persons so elected, within ten days after the election. And the electors resi- dent in any city may, at any meeting duly notified and holden for the choice of any other civil of&cers for whom they have been re- quired heretofore to vote in town meeting, vote for such officers in their respective wards, and the same proceedings shall be had by the warden and ward clerk in each ward, as in the ease of votes for representatives. And the aldermen of any city shall be in session within twenty-four hours after the close of the polls in such meet- ings, 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 man- ner as selectmen of towns are required to do. AETICLE II. No person, before conviction, shall be bailable for any of the crimes which now are or have been denominated capital oifences since the adoption of the Constitution, when the proof is evident or the presumption great, whatever the punishment of the crime may be. ARTICLE III. All judicial officers now in office, or who may be hereafter appoint- ed, 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 re- spective appointments, (unless sooner removed by impeachment or by address of both branches of the Legislature to the Executive,) and no longer, unless re-appointed thereto. ARTICLE IV. The second section, article fourth, part first, of the constitution, 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 representatives for the state at the number of one hundred and fifty- one ; and the latter part of said section, being the words and sen- tences following : " and, whenever the number of representatives shall be two hundred, at the next annual meetings of election which shall therealter be had, and at every subsequent period of ten years. MAINE. «46 the people shall give in their votes, vs^hether 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 thereafter to increase or diminish the number by the rule hereinafter prescribed," shall not be a part of the constitution ; but one hundred and fifty-one representatives shall be apportioned according to the rule in this constitution. ARTICLE 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 cominencing on the first Wednes- day of January, in the year of our Lord one thousand eight hundred and forty-five, shall hold their offices till the second Wednesday of May, in the year of our Lord one thousand eight hundred and forty-six.] ARTICLE VI. 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 lia- bilities, 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. ARTICLE 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 majo- rity of all the," and inserting instead thereof, the words, " the high- est 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 num- ber of." ARTICLE VIII. The annual meeting of the legislature shall be on the first Wednes- day of January, in each year ; and the governor and 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 offices till the first Wednesday of January, in the year of our Lord one thousand eight hundred and fifty-two. Annulled. See Stli Amendment. NEW HAMPSHIRE. New Hampshire was first visited by Europeans in 1614. The first settle- ment was made at Dover and Portsmouth in 1623, three years after the land- ing of the Pilgrims at Plymouth, under a charter to F. Gorges, from James I. The early inhabitants were greatly annoyed by the Indians, and, in their repeated wars with them, suffered more than any other of the colonies. This colony was twice united with that of Massachusetts. The final separation took place in 1741, when the boundaries of the two colonies v.^ere settled. New Hampshire publicly declared itself independent of Massachusetts, June 15th, 1776, and in December, of the same year> framed a temporary form of government. The first Constitution was adopted in 1784. This State was admitted into the Union in 1788. Its present Constitution was adopted in 1792. Area, 9,280 square miles. Population, in 1850, 317,864. CONSTITUTION. PART I. Bill of Rights. Art. 1. All meu are born equally free and independent: There- fore, all government, of right, originates from the people, is founded in consent, and instituted for the general good. 48 CONSTITUTION OF 2. All men have certain natural, essential, and inherent rights — Among which are, the enjoying and defending life and liberty, ac- quiring, possessing, and protecting property ; and, in a word, of seeking and obtaining happiness. 3. When men enter into a state of society, they surrender up some of their natural rights to that society, in order to ensure the protection of others ; and without such an equivalent the surrender is void. 4. Among the natural rights, some are in their very nature un- alienable, because no equivalent can be given or received for them. Of this kind are the rights of conscience. 5. Every individual has a natural and unalienable right to wor- ship God, according to the dictates of his own conscience and rea- son : and no person shall be hurt, molested, or restrained in his per- son, liberty, or estate, for worshiping God in the manner most agree- able to the dictates of his own conscience, or for his religious pro- fession, sentiments, or persuasion; provided he doth not disturb the public peace, or disturb others in their religious worship. 6. As morality and piety, rightly grounded on evangelical prin- ciples, will give the best and greatest security to government, and will lay, in the hearts of men, the strongest obligations to due sub- jection ; and as the knowledge of these is most likely to be propa- gated through a society by the institution of the public worship of the Deity, and of public instruction, in morality and religion ; there- fore, to promote these important purposes, the people of this Stat(> have a right to empower, and do hereby fully empower, the Legis lature, to authorize, from time to time, the several towns, parishes, bodies corporate, or religious societies, within this State, to make adequate provision, at their own expense, for the support and main- tenance of public Protestant teachers of piety, religion, and moral- Provided., noiivithsta7idi?ig, That the several towns, parishes, bodies corporate, or religious societies, shall at alh times have the exclusive right of electing their own public teachers, and of contracting with them for their support and maintenance : And no person, of any one particular religious sect or denomination, shall ever be compelled to pay towards the support of the teacher or teachers of another per- suasion, sect, or denomination. And every denomination of Christians, demeaning themselves quietly, and as good citizens of the State, shall be equally under the protection of the law : and no subordination of any one sect or de- nomination to another, shall ever be established by law. And nothing herein shall be understood to affect any former con- tracts made for the support of the ministry ; but all such contracts shall remain, and be in the same state, as if this Constitution had not been made. 7. The people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State : NEW HAMPSHIRE. 49 aud do. and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, and may not hereafter be, by them expressly delegated to the United States of America in Congress assembled. 8. All power residing originally in, and being derived from the people, all the magistrates and officers of government are their sub- stitutes and agents, and at all times accountable to them. 9. No office or place whatsover, in government, shall be heredi- tary — the ability and integrity requisite in all not being transmis- sible to posterity or relations. 10. Government being instituted for the common benefit, protec- tion, and security of the whole community, and not for the private interest or emolument of any one man, family, or class of men ; therefore, whenever the ends of the government are perverted, or 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 de- structive of the good and happiness of mankind. 11. All elections ought to be free, and every inhabitant of the State, having the proper qualifications, has an equal right to elect, and be elected, into office. 1 2. Every member of the community has a right to be protected by it, in the enjoyment of his life, liberty, and property ; he is there- fore iDOund to contribute his share to the expense of such protection, and to yield his personal service when necessary, or an equivalemi. But no part of a man's property shall be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. Nor are the inhabitants of this State control- able by any other laws than those to which they, or their represen- tative body, have given their consent. 13. No person who is conscientiously scrupulous about the law- fulness of bearing arms, shall be compelled thereto, provided he will pay an equivalent. 14. Every citizen of this State is entitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, property, or character ; to obtain right and justice freely, without being obliged to purchase it ; completely, and without denial, promptly, and without delay, conformable to the laws. 15. No person shall be held to answer for any crime or offence, until the same is fully and plainly, substantially and formally, de- scribed to him: nor be compelled to accuse or furnish evidence against himself. And every person shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face ; and to be fully heard in his defense, by himself and counsel. And no person shall be arrested, impri- soned, despoiled, or deprived of his property, immunities, or privi- leges, put out of the protection of the law, exiled, or deprived of his 50 CONSTITUTION OF life, liberty, or estate, but by the judgment of his peers, or the law of the land. 16. No person shall be liable to be tried, after an acquittal, for the same crime or offence. Nor shall the Legislature make any law that shall subject any person to a capital punishment (excepting for the' government of the army and navy, and the militia in actual service), without trial by jury. 17. In criminal prosecutions, the trial of facts, in the vicinity where they happen, is so essential to the security of the life, liberty, and estate, of the citizens, that no crime or offence ought to be tried in any other county than that in which it is committed, except in cases of general insurrection in any particular county, when it shall appear to the judges of the superior courts that an impartial trial cannot be had in the county where the offence may be committed, and upon their report the Legislature shall think proper to direct the trial in the nearest county in which an impartial trial can be obtained. 18. All penalties ought to be proportioned to the nature of the offence. No wise legislature will affix the same punishment to the crimes of theft, forgery, and the like, which they do to those of mur- der and treason. Where the same undistinguished severity is ex- erted against all offences, the people are led to forget the real dis- tinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offences. For the same reason, a multitude of sanguinary laws is both impolitic and unjust : the true design of all punishments being to reform, not to exterminate mankind. 19. Every person hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. Therefore, all warrants to search suspected places, or arrest a person for examination or trial, in prosecution for crimi- nal matters, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation, and if the order in a warrant of 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 per- sons or objects of search, arrest, or seizure ; and no warrant ought to be issued, but in cases, and with the formalities, prescribed by law. 20. In all controversies concerning property, and in all suits be- tween two or more persons, excepting in cases wherein it hath been heretofore otherwise used and practised, the parties have a right to a trial by jury ; and this right shall be deemed sacred and inviola- ble ; but the Legislature may, by the Constitution, be empowered to make such regulations as will prevent parties from having as many trials by jury, in the same suit or action, as hath been heretofore allowed and practised, and to extend the civil jurisdiction of jus- tices of the peace to the trials of suits where the sum demanded in damages doth not exceed four pounds, saving the right of appeal to NEW HAMPSHIRE. 51 either party. But no such regulations shall take away the right of trial by jury, in any case not in this article before excepted, unless in cases respecting mariners' wages. 21. In order to reap the fullest advantage of the inestimable pri- vilege of the trial by jury, great care ought to be taken that none but qualified persons should he appointed to serve ; and such ought to be fully compensated for their travel, time, and attendance. 22. The liberty of the press is essential to the security of freedom in a State ; it ought, therefore, to be inviolably preserved. 23. Ketrospective laws are highly injurious, oppressive, and un- just. No such laws, therefore, should be made, either for the de- cision of civil causes, or the punishment of offences. 24. A well regulated militia is the proper, natural, and sure de- fense of a State. 25. Standing armies are dangerous to liberty, and ought not to be raised, or kept up, without the consent of the Legislature. 26. In all cases, and at all times, the military ought to be under strict subordination to, and governed by the civil power. 27. No soldier, in time of peace, shall 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 or- dained by the Legislature. 28. No subsidy, charge, tax, impost, or duty shall be established, fixed, laid, or levied, under any pretext whatsoever, without the con- sent of the people, or their representatives in the Legislature, or authority derived from that body. 29. The power of suspending the laws, or the execution of them, ought never to be exercised but by the Legislature, or by authority derived therefrom, to be exercised in such particular cases only as the Legislature shall expressly provide for. 30. The freedom of deliberation, speech, and debate,, in either house of the Legislature, is so essential to the rights of the people, that it cannot be the foundation of any action, complaint, or prose- cution, in any other court or place whatsoever. 31. The Legislature shall assemble for the redress of public griev- ances, and for making such laws as the public good may require. 32. The people have a right, in an orderly and peaceable manner, to assemble and consult upon the public good, give instructions to their representatives, and to request of the legislative body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer. 33. No magistrate or court of law shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punish- ments. 34. No person can, in any case, be subjected to law martial, or to any pains or penalties 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. 5 52 CONSTITUTION OF 35. It is essential to the preservation of the rights of every in- dividual, 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 impartial 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, that the judges of the Supreme Judicial Court should hold their offices so long as they behave well; subject, however, to such limitations, on account of age, as may be provided by the Constitution of the State : and that they should have honorable salaries, ascertained and estab- lished by standing laws. 36. Economy being a most essential virtue in all states, especially in a young one, no pension shall be granted but in consideration of actual services ; and such pensions ought to be granted with great caution by the Legislature, and never for more than one year at a time. 37. In the government of this State, the three essential powers thereof, to wit, the legislative, executive, and judicial, ought to be kept as separate from, and independent of each other, as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the Constitution in one indissoluble bond of unity and amity. 38. A frequent recurrence to the fundamental principles of the Constitution, and a constant adherence to justice, moderation, tem- perance, industry, frugality, and all the social virtues, are indispen- ■sably necessary to preserve the blessings of liberty and good gov- ernment ; the people ought, therefore, to have a particular regard 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 administration of the government. PART 11. Form of Government. The people inhabiting the territory formerly called the province of New Hampshire, do hereby solemnly and mutually agree with each other to form themselves into a free, sovereign, and indepen- dent body politic, or State, by the name of the State of New Hamp- shire. General Court. The supreme legislative power, within this State, shall be vested in the Senate and House of Representatives, each of which shall have a negative on the other. The Senate and House shall assemble every year on the first Wednesday in June — and at such other times as they may judge NEW HAMPSHIRE. 53 necessary ; and shall dissolve, and be dissolved, seven days next preceding the said first Wednesday in June ; and shall be styled The Gp.neral Court of New Havipshire. The Greneral Court shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be holden in the name of the State, for the hearing, trying, and determining all manner of crimes, oflFences, pleas, processes, plaints, actions, causes, matters, and things whatsoever, arising op happening within this State, or between or concerning persons in- habiting or residing, or brought within the same, whether the same be criminal or civil, or whether the crimes be capital or not capital, and whether the said pleas be real, personal, or mixed ; and for awarding and issuing execution thereon. To which courts and judi- catories, are hereby given and granted, full power and authority, from time to time, to administer oaths or aifiirmations, for the better discovery of truth in any matter in controversy, or depending before them. And farther, full power and authority are hereby given and granted to the said General Cotirt, from time to time, to make,' ordain, and establish all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions, and instructions, either with penal- ties, or without, so as the same be not repugnant or contrary to this Constitution, as they may judge for the benefit and welfare of this State, and for the governing and ordering thereof; and of the citizens of the same, for the necessary support and defense of the government thereof ; and to name and settle annually, or provide by fixed laws for the naming and settling all civil officers within this State ; such officers excepted, the election and appointment of whom are hereafter in this form of government otherwise provided for ; and to set forth the several duties, powers, and limits of the several civil and military officers of this State, and the forms of such oaths or affirmations as shall be respectively administered unto them, for the execution of their several offices and places, so as the same be not repugnant or contrary to this Constitution ; and also to impose fines, mulcts, imprisonments, and other punishments ; and to impose and levy proportional and reasonable assessments, rates, and taxes upon all the inhabitants of, and residents within, the said State ; and upon all estates within the same ; to be issued and disposed of by warrant, under the hand of the Governor of this State for the time being, with the advice and consent of the Council, for the public service, in the necessary defense and support of the Government of this State, and the protection and preservation of the citizens 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 been heretofore practised, in order that such assessments may be made with equality, there shall be a valuation of the estates, within the 54 CONSTITUTION OP State, taken anew once in every five years at least, and as much oftener as the Gleneral Court shall order. No member of the Gleneral Court shall take fees, he of counsel or act as advocate, in any cause before either branch of the Legislature ; and upon due proof thereof, such member shall forfeit his seat in the Legislature. The doors of the galleries of each house of the Legislature shall be kept open to all persons who behave decently, except when the welfare of the State, in the opinion of either branch, shall require secrecy. Senate. The Senate shall consist of twelve members, who shall hold their offices for one year, from the first "Wednesday in June next ensuing their election. And that the State may be equally represented in the Senate, the Legislature shall, from time to time, divide the State into twelve districts, as nearly equal as may be without dividing towns and un- incorporated places ; and in making this division, they shall govern themselves by the proportion of public taxes paid by the said dis- tricts, and timely make known to the inhabitants of the State the limits of each district. The freeholders and other inhabitants of each district, qualified as in this Constitution is provided, shall annually give in their votes for a senator, at some meeting holden in the month of March. The Senate shall be the first branch of the Legislature : and the senators shall be chosen in the following manner, viz. : Every male inhabitant of each town, and parish with town privileges, and places unincorporated, in this State, of twenty-one years of age and up- wards, excepting paupers, and persons excused from paying taxes at their own request, shall have a right at the annual or other meet- ings of the inhabitants of said towns and parishes, to be duly warn- ed and holden annually forever in the month of March, to vote in the town or parish wherein he dwells, for the senators of the county or district whereof he is a member. Provided, nevertheless, That no person shall be capable of being elected a senator, who is not of the protestant religion and seized of a freehold estate, in his own right, of the value of two hundred pounds, lying within this State, who is not of the age of 30 years, and who shall not have been an inhabitant of this State for seven years immediately preceding his election, and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. And every person, qualified as the Constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this State, in the town, parish, and plantation where he dwelleth and hath his home. And the inhabitants of plantations and places unincorporated, qualified as this Constitution provides, who are or shall be required NEW HAMPSHIRE. 55 to assess taxes upon themselves towards the support of government, or shall be taxed therefor, shall have the same privilege of voting for senators in the plantations and places wherein they reside, as the inhabitants of the respective towns and parishes aforesaid have. And the meeting of such plantations and places for that purpose shall be holden annually, in the month of March, at such places re- spectively therein as the assessors thereof shall direct ; which as- sessors 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. The meetings for the choice of Governor, Council and senators shall be warned, by warrant, from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen, (whose duty it shall be to attend.) in open meeting, receive the votes of all the inhabitants of such towns and parishes present, and qualified to vote for senators ; and shall, in said meetings, in presence of the said selectmen and of the town clerk, in said meeting, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person : and the town clerk shall make a fair record of the same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the Secretary of the State, with a superscription expressing the purport thereof: and the said town clerk shall cause such attested copy to be delivered to the sheriff of the county in which such town or parish shall lie, forty days at least before the first "Wednesday in June ; or to the Secretary of the State at least thirty days before the said first Wednesday in June ; and the sheriff of each county, or his deputy, shall deliver all such certificates by him received, into the Secretary's ofiice, at least thirty days before the first Wednesday in June. And that there may be a due meeting of senators on the first Wednesday in June annually, the Grovernor and the majority 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 first Wednesday in June, he shall issue his summons to such per- sons as appear to be chosen senators by a majority of votes, to at- tend and take their seats on that day. Provided^ nevertheless, That for the first year, the said returned copies shall be examined by the President and a majority of the Council then in office : and the said President shall, in like man- ner, notify the persons elected, to attend and take their seats ac cordingly. And in ease there shall not appear to be a senator elected by a majority of votes, for any district, the deficiency shall be applied in the following manner, viz. : The members of the House of Repre- sentatives, and such senators as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect by joint ballot the senator 56 CONSTITUTION OP wanted for sucL. district ; and in this manner all such vacancies shall be filled up in every district of the State ; and in like manner all vacancies in the Senate, arising by death, removal out of the State, or otherwise, shall be supplied as soon as may be after such vacancies happen. The Senate shall be final judges of the elections, returns, and qualifications of their own members, as pointed out in this Constitu- tion. The Senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time. Provided^ nevertheless, That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the Legislature be not assembled on such day or at such place. The Senate shall appoint their President and other officers, and determine their own rules of proceedings : and not less than seven members of this Senate shall make a quorum for doing business ; and when less than eight senators shall be present, the assent of five at least shall be necessary to render their acts and proceedings valid. The Senate shall be a court, Avlth full power and authority to hear, try, and determine, all impeachments made by the House of Representatives against any officer or officers of the State, for bribery, corruption, malpractice, or maladministration in office ; with full power to issue summons, or compulsory process, for convening wit- nesses before them, with all necessary powers incident to a court of trials ; but, previous to the trial of any such impeachment, the mem- bers of the Senate shall be respectively sworn truly and impartially to try and determine the charge and question, according to evidence. And every officer, impeached for bribery, corruption, malpractice, or maladministration in office, shall be served with an attested copy of the impeachment and order of the Senate thereon, with such cita- tion as the Senate may direct, setting forth the time and place of their sitting to try the impeachment ; which service shall be made by the sheriff, or such other sworn officer as the Senate may appoint, at least fourteen days previous to the time of trial ; and such cita- tion being duly served and returned, the Senate may proceed in hearing of the impeachment, giving the person impeached, if he shall appear, full liberty of producing witnesses and proofs, and of making his defense, by himself and counsel ; and may, also, upon his refusing or neglecting to appear, hear the proofs in support of the impeachment, and render judgment thereon, his non-appearance notwithstanding ; and such judgment shall have the same force and effect as if the person impeached had appeared and pleaded in the trial. Their judgment, however, shall not extend further than ro moval from office, disqualification to hold or enjoy any place of honor, trust, or profit under this State ; but the party so convicted shall nevertheless be liable to indictment, trial, judgment, and pun- ishment according to the laws of the land. NKW HAMPSHIRE. 57 Whenever the Governor shall be impeached, the Chief Justice of the Supreme Judicial Court -shall, during the trial, preside in the Senate, but have no vote therein. House of Representatives. There shall be, in the Legislature of this State, a representation of the people, annually elected, and founded upon principles of equality ; and in order that such representation may be as equal as circumstances will admit, every town, parish, or place, entitled to town privileges, having one hundred and fifty ratable male polls, of tweuty-one years of age, and upwards, may elect one representative : if four hundred and fifty ratable male polls, may elect two represen- tatives ; and so proceeding, in that proportion, make three hundred such ratable polls the mean of increasing number, for every addi- tional representative. Such towns, parishes, or places, as have less than one hundred and fi.fty ratable polls, shall be classed by the general assembly, for the purpose of choosing a representative, and seasonably notified thereof. And in every class formed for the above-mentioned purpose, the first annual meeting shall be held in the town, parish, or place wherein most of the ratable polls reside ; and afterwards in that which has the next highest number ; and so on, annually, by rota- tion, through the several towns, parishes, or places forming the district. Whenever any town, parish, or place entitled to town privileges, as aforesaid, shall not have one hundred and fifty ratable polls, and be so situated as to render the classing thereof with any other town, parish, or place verj^ inconvenient ; the general assembly may, upon application of a majority of the votes of such town, parish, or place, issue a writ for their selecting and sending a representative to the General Court. The members of the House of Representatives shall be chosen annually, in the month of March, and shall be the second branch of the Legislature. All persons qualified to vote in the election of senators shall be entitled to vote, within the district where they dwell, in the choice of representatives. Every member of the House of Representatives shall be chosen by ballot ; and for two years at least next preceding his election, shall have been an inhabitant of this State ; shall have an estate within the district which he may be chosen to represent, of the value of one hundred pounds, one-half of which to be a free- hold, whereof he is seized in his own right ; shall be, at the time of his election, an inhabitant of the district he may be chosen to repre- sent: shall be of the protestant religion, and shall cea.se to represent such town, parish, or place, immediately on his ceasing to be quali- fied as aforesaid. The members of both houses of the Legislature shall be compen- sated for their services out of the treasury of the State, by a law 58 CONSTITUTION OF made for that purpose ; such members attending seasonably, and not departing without license. All intermediate vacancies in the House of Representatives, may be filled up from time to time, iu the same manner as annual elections are made. The House of Representatives shall be the grand inquest of the State ; and all impeachments made by them shall be heard and tried by the Senate. All money-bills shall originate in the House of Representatives : but the Senate may propose or concur with amendments, as on other bills. The House of Representatives shall have the power to adjourn themselves, but no longer than two days at a time. A majority of the members of the House of Representatives shall be a quorum for doing business ; but when less than two-thirds of the House of Representatives elected shall be present, the assent of two-thirds of those members shall be necessary to render their acts and proceedings valid. No member of the House of Representatives or Senate shall be arrested or held to bail, on mesne process, during his going to, re- turn from, or attendance upon the court. The House of Representatives shall choose their own Speaker, appoint their own officers, and settle the rules of proceedings in their own house ; and shall be judge of the return, elections, and qualifications of its members, as pointed out in tJiis Constitution. They shall have authority to punish, by imprisonment, every person who shall be guilty of disrespect to the House in its presence, by any disorderly and contemptuous behaviour, or by threatening or ill treating any of its members ; or by obstructing its deliberations ; every person guilty of a breach of its privileges, in making arrests for debt, or by assaulting any member during his attendance at any session ; in assaulting or disturbing any one of its officers in the execution of any order or procedure of the House : in assault ing any witness or other person ordered to attend by, and during his attendance on, the House, or in rescuing any person arrested by order of the House, knowing them to be such. The Senate, Gov- ernor, and Council shall have the same powers in like cases : pro- vided that no imprisonment by either for any offence exceed ten daj^s. The journal of the proceedings, and all the public acts of both houses of the Legislature, shall be printed and published immedi- ately after every adjournment or prorogation ; and upon motion made by any one member, the yeas and nays upon any question shall be entered in the journals : and any member of the Senate or House of Representatives shall have a right, on motion made at the time for that purpose, to have his protest or dissent, with the rea- sons, against any vote, resolve, or bill passed, entered on the jour- nals. NEW HAMPSHIRE. 59 Executive power. — Governor. The Governor shall be chosen annually, in the month of March ; and the votes for Governor shall be received, counted, certified, and returned in the same manner as the votes for senators ; and the Secretary shall lay the same before the Senate and House of Repre- sentatives on the first Wednesday in June, to be by them examined ; and in case of an election by a majority of votes through the State, the choice shall be by them declared and published. And the qualifications of electors of the Governor shall be the same as those for senators ; and if no person shall have a majority of votes, the Senate and House of Representatives shall, by joint ballot, elect one of the two persons having the highest number of votes, who shall be declared Governor. And no person shall be eligible to this office unless, at the time of his election, he shall have been an inhabitant of this State for seven years next preceding, and unless he shall be of the age of thirty years, and unless he shall, at the same time, have an estate of the value of five hundred pounds, one-half of which shall consist of a freehold, in his own right, within the State, and unless he shall be of the protestant religion. In cases of disagreement between the two houses, with regard to the time or place of adjournment or prorogation, the Governor, with advise of Council, shall have a right to adjourn or prorogue the Ge- neral Court, not exceeding ninety days at any one time, as he may determine the public good may require, to meet at the place where the General Court shall be at that time sitting ; and he shall dis- solve the same seven days before the said first Wednesday in June. And, in case of any infectious distemper prevailing in the place where the said Court at any time is to convene, or any other cause whereby danger m.ay arise to the health or lives of the members from their attendance, the Governor may direct the session to be holden at some other, the most convenient place within the State. Every bill which shall have passed both houses of the General Court shall, before it become 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 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 agree to pass the bill, it shall be sent, together with such objec- tions, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, 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 shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the 60 CONSTITUTION OF Legislature by their adjournment prevent its return, in wliicla case it shall not be a law. Every resolve shall be presented to the Governor, and before the eame shall take effect, shall be approved by him, or being disap- proved by him, shall be repassed by the Senate and House of Repre- sentatives, according to the rules and limitations prescribed in the case of a bill. All judicial officers, the Attorney-general, solicitors, all sheriffs, coroners, registers of probate, and all officers of the nav}'', and gene- ral and field-officers of the militia, shall be nominated and appoint- ed by the Governor and Council ; and every such nomination shall be made at least three days prior to such appointment ; and no appointment shall take place unless a majority of the Coun- cil agree thereto. The Governor and Council shall have a negative on each other, both in the nominations and appointments. Every nomination and appointment shall be signed by the Governor and Council, and every negative shall also be signed by the Governor or Council who made the same. The captains and subalterns, in the respective regiments, shall be nominated by the field-officers, and, if approved by the Governor, shall be appointed by him. Whenever the chair of the Governor shall become vacant, by rea- son of his death, absence from the State, or otherwise, the President of the Senate shall, during such vacancy, have and exercise all the powers and authorities which, by this Constitution, the Governor is vested with, when personally present ; but when the President of the Senate shall exercise the office of Governor, he shall not hold his office in the Senate. The Governor, with the advice of Council, shall have full power and aixthority, in the recess of the General Court, to prorogue the same from time to time, not exceeding ninety days, in any one re- cess of said Court ; and during the session of said Court, to adjourn or prorogue it to any time the two houses may desire, and to call it together sooner than the time to which it may be adjourned or pro- rogued, if the welfare of the State should require the same. The Governor of this State for the time being, shall be command- er-in-chief of the army and navy, and all the militaiy forces of this State, by sea and land ; and shall have full power, by himself or by any chief commander, or other officer or officers, from time to time, to train, instruct, exercise, and govern the militia and navy ; and for the special defense and safety of this State, to assemble in mar- tial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them encounter, repulae, repel, resist, and pursue, by force of arms, as well by sea as by land, with- in and without the limits of this State ; and also to kill, slay, de- stroy if necessary, and conquer by all fitting ways, enterprise, and means, all and every such person and persons as shall at any time hereafter in a hostile manner attempt or enterprise the destruction, NEW HAMPSHIRE. 61 invasion, detriment, or annoyance of this State ; and to nse and exercise over the army and navy, and over the militia in actual ser- vice, the law martial, in time of war, invasion, and also in rebellion, declared by the Legislature to exist, as occasion shall necessarily require. 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 State : And, in fine, the Governor is hereby entrusted with all other powers incident to the office of captain-general and commander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the Constitution, and the laws of the land : Provided, that the Grovernor 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, trans- port any of the inhabitants of this State, or oblige them to march out of the limits of the same, without their free and voluntary con- sent, or the consent of the Greneral Court, nor grant commissions for exercising the law martial in any case, without the advice and consent of the Council. The power of pardoning offences, except such persons as may be convicted of before the Senate, by impeachment of the House, shall be in the GrOvernor, by and with the advice of the Council : but no charter of pardon granted by the Governor, with advice of Council, before conviction, shall avail the party pleading the same, notwith- standing any general and particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. No officer duly commissioned to command in the militia shall be removed from his office, but by the address of both houses to the Governor, or by fair trial in court-martial, pursuant to the laws of the State for the time being. The commanding officers of the regiments shall appoint their ad- jutants and quartermasters ; the brigadiers, their brigade-major ; the major-generals, their aids; the captains and subalterns, their non-commissioned officers. The Governor and Council shall appoint all officers of the conti- nental army, whom, by the confederation of the United States, it is provided that this State shall appoint ; as also all officers of forts and garrisons. The division of the militia into brigades, regiments, and compa- nies, made in pursuance of the militia laws now in force, shall be considered as the proper division of the militia of this State, until the same shall be altered by some future law. No moneys shall be issued out of the treasury of this State, and disposed of. except such sums as may be appropriated for the re- demption of bills of credit, or treasurer's notes, or for the payment of interest arising thereon, by warrant under the hand of the Gov- ernor for the time being, by and with the advice and consent of the Council, for the necessary support and defense of tuis State, and 62 CONSTITUTION OF for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General Court. All public boards, the commissary-general, all superintending officers of public magazines and stores belonging to this State, and all commanding officers of forts and garrisons within the same, shall, once in every three months, officially and without requisition, and at other times when required by the Governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages, and small arms, with their accoutrements, and of all other public property under their care respectively ; distinguish- ing the quantity and kind of each, as particularly as may be : to- gether with the condition of such forts and garrisons ; and the com- manding 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. The Governor and Council shall be compensated for their servi- ces, from time to time, by such grants as the General Court shall think reasonable. Permanent and honorable salaries shall be established by law for the justices of the Supreme Court. Council. There shall be annually elected, by ballot, five counselors, for ad- vising the Governor in the executive part of the government. The freeholdei's and other inhabitants, in each county, qualified to vote for senators, shall, some time in the month of March, give in their votes for one counselor ; which votes shall be received, sorted, counted, certified, and returned to the secretary's office, in the same manner as the votes for senators, to be by the Secretary laid before the Sen- ate and House of Representatives on the first "Wednesday in June. And the person having a majority of votes in any county shall be considered as duly elected a counselor ; but if no person shall have a majority of votes in any county, the Senate and House of Repre- sentatives shall take the names of the two persons who have the highest number of votes in each county and not elected, and out of those two shall elect, by joint ballot, the counselor wanted for such county, and the qualifications for counselors shall be the same as for senator. If any person thus chosen a counselor shall be elected Governor, or member of either branch of the Legislature, and shall not accept the trust ; or if any NEW HAMPSHIRE. 63 person elected a counselor shall refuse to accept the ofiBice ; or in case of the death, resignation, or removal of any counselor out of the State, the Governor may issue a precept for the election of a new counselor in that county where such vacancy shall happen ; and the choice shall be in the same manner as before directed : and the Governor shall have full power and authority to convene the Council, from time to time, at his discretion ; and with them, or the majority of them, may, and shall, from time to time, hold a Council, for order- ing and directing the affairs of the State according to the laws of the land. The members of Council may be impeached by the House, and tried by the Senate, for bribery, corruption, malpractice, or malad- ministration. The resolutions and advice of the Council shall be recorded by the Secretary, in a register, and signed by all the members present agreeing thereto ; and this record may be called for at any time by either House of the Legislature ; and any member of the Council may enter his opinion contrary to the resolutions of the majority, with the reason for such opinion. The Legislature may, if the public good shall hereafter require it, divide the State into five districts as nearly equal as may be, gov- erning themselves by the number of ratable polls, and proportion of public taxes : each district to elect a counselor : and in case of such division, the manner of the choice shall be conformable to the pres- ent mode of election in counties. And whereas the elections appointed to be made by this Constitu- 9 tion on the first Wednesday of June annually, by the two houses of the Legislature, may not be completed on that day, the said elec- tions may be adjourned from day to day, until the same may be completed ; and the order of the elections shall be as follows : the vacancies in the Senate, if any, shall be first filled up ; the Governor shall then be elected, provided there shall be no choice of him by the people ; and afterwards the two houses shall proceed to fill up the vacancy, if any, in the Council. Secretary, Treasurer, Commissary- General, Sfc. The Secretary, Treasurer, and Commissary-General shall be chosen by joint ballot of the senators and representatives assembled in one room. The records of the State shall be kept in the office of the Secre- tary, and he shall attend the Governor and Council, the Senate and representatives, in person, or by deputy, as they may require. The Secretary of State shall, at all times, have a deputy, to be by him appointed ; for whose conduct in office he shall be responsible. And in case of the death, removal, or inability of the Secretary, his deputy shall exercise all the duties of the office of Secretary of this State, until another shall be appointed. The Secretax-y, before he e\iters upon the business of his office, shall give bond, with sufficient 64 CONSTITUTION OF sureties, in a reasonable sum, for the use of the State, for the punc- tual performance of his trust County Treasurer, <^c. The county treasurers, and registers of deeds, shall he elected by the inhabitants of the several towns in the several counties in the, State, according to the method now practised, and the laws of the State. Provided, nevertheless, The Legislature shall have authority to alter the manner of certifying the votes, and the mode of electing those officers ; but not so as to deprive the people of the right they now have of electing them. And the Legislature, on the application of the major part of the inhabitants of any county, shall have authority to divide the same into two districts for registering deeds, if to them it shall appear necessary, each district to elect a register of deeds ; and before they enter upon the business of their office, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give bonds, with sufficient sureties, in a reasonable sum, for the use of the county, for the punctual performance of their respective trusts Judiciary Power. The tenure that all commissioned officers shall have by law in their offices, shall be expressed in their respective commissions — all judicial officers, duly appointed, commissioned, and sworn, shall hold their offices during good behaviour, excepting those concerning whom there is a different provision made in this Constitution ; Pro- vided, nevertheless, the Governor, with consent of Council, may re- move them upon the address of both houses of the Legislature. Each branch of the Legislature, as well as the G-overnor and Council, shall have authority to require the opinions of the justices of the Superior Court, upon important questions of law, and upon solemn occasions. In order that the people may not suffer from the long continuance in place of any justice of the peace, who shall fail in discharging the important duties of his office with ability and fidelity, all commis- sions of justices of the peace shall become void at the expiration of five years from their respective dates ; and upon the expiration of any commission, the same may, if necessary, be renewed, or another person appointed, as shall most conduce to the well being of the State. All causes of marriage, divorce, and alimony, and all appeals from the respective judges of probate, shall be heard and tried by the Superior Court until the Legislature shall by law make other pro- visions. The G-eneral Court is empowered to give to justices of the peace jurisdiction in civil causes, when the damages demanded shall not NEW HAMPSHIRE. 65 exceed four pounds^ and the title of real estate is not concerned ; but with right of appeal to either party to some other court, so that a trial by jury in the last resort may be had. No person shall hold the office of a judge in any court, or judge of probate, or sheriff of any county, after he has attained the age of seventy years. No judge of any court, or justice of the peace, shall act as an attorney, or be of counsel to any party, or originate any civil suit, in matters which shall come or be brought before him as judge, or justice of the peace. All matters relating to the probate of wills, and granting letters of administration, shall be esercised by the judges of probate, in such manner as the Legislature have directed, or may hereafter direct ; and the judges of probate shall hold their courts at such place or places, on such fixed days as the conveniency of the people may require, and the Legislature from time to time appoint. No judge or register of probate shall be of counsel, act as advo- cate, or receive any fees as advocate or counsel, in any probate busi- ness which is pending, or may be brought into any court of probate in the county of which he is judge or register. Clerks of Courts. The judges of the courts (those of the probate excepted.) shall appoint their respective clerks, to hold their office during pleasure ; and no such clerks shall act as an attorney, or be of counsel, in any cause in the court of which he is clerk, nor shall he draw any writ originating a civil action. Encouragement of Literature^ <^c. Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government ; and spread- ing the opportunities and advantages of education through the vari- ous parts of the country, being highly condiicive to promote this end : it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interests of litera- ture and the sciences, and all seminaries and public schools, to en- courage private and public institutions, rewards, and immunities for the promotion of agriculture, arts, sciences, commerce, trades, man- ufactures, and natural history of the country ; to countenance and inculcate the principles of humanity and general benevolence, pub- lie and private charity, industry and economy, honesty and punctu- ality, sincerity, sobriety, and all social affections and generous sen- timents among the people. Oath and, subscriptions; exclusion from offices; commissions; writs; confirmatio7i of latos ; habeas corpus ; the enacting style ; continu- ance of officers ; provision for a future revision of the Co?istitutio7i, (.fc. Any person chosen Governor, counselor, senator, or representa- 66 CONSTITUTION OF tive, military or civil officer (town officers excepted), accepting the trust, shall, before he proceeds to execute the duties of his office, make and subscribe the following declaration, viz. : I, A. B., do solemnly swear, that I will bear faith and true alle- giance to the State of New Hampshire, and will support the Con- stitution thereof So help me God. I, A. B., do solemnly and sincerely swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my abilities, agreeably to the rules and regulations of this Constitu- tion, and the laws of the State of New Hampshire. So help me God. Any person having taken and subscribed the oath of allegiance, and the same being filed in the Secretary's office, he shall not be obliged to take said oath again. Provided always, When any person chosen or appointed as afore- said, shall be of the denomination called Quakers, or shall be scru- pulous of swearing, and shall decline taking the said oaths, such shall take and subscribe them, omitting the word swear, and like- wise the words so help me God, subjoining, instead thereof, this I do under the pains and penalties of ferjnry. And the oaths or affirmations shall be taken and subscribed by the Governor, before the President of the Senate, in presence of both houses of the Legislature, and by the senators and representa- tives first elected under this Constitution, as altered and amended, before the President of the State, and a majority of the Council then in office, and forever afterwards before the Governor and Council for the time being ; and by all other officers, before such persons, and in such manner as the Legislature shall from time to time appoint. All commissions shall be in the name of the State of New Hamp- shire, signed by the Governor, and attested by the Secretary or his deputy, and shall have the great seal of the State affixed thereto. All writs issuing out of the clerk's office in any of the courts of law, shall be in the name of the State of New Hampshire ; shall be under the seal of the court whence they issue, and bear test of the ehief, first, or senior justice of the court ; but when such justice shall be interested, then the writ shall bear test of some other jus tiee of the court, to which the same shall be returnable ; and shall be signed by the clerk of such court. All indictments, presentments, and informations shall conclude (Against the peace and dignity of the State. The estate of such persons as may destroy their own lives shall not for that offence be forfeited, but descend or ascend in the same manner as if such persons had died in a natural way. Nor shall NEW HAMPSHIRE. 67 any article which shall accidentally occasion the death of any per- son, be henceforth deemed a deodand, or in any wise forfeited on account of such misfortune. All the laws which have heretofore been adopted, used, and ap- proved in the Province, Colony, or State of New Hampshire, and usually practised on in courts of law, shall remain and be in full force until altered and repealed by the Legislature: such parts thereof only excepted as are repugnant to the rights and liberties contained in this Constitution : Provided, that nothing herein con- tained, when compared with the twenty-third article in the bill of rights, shall be construed to affect the laws already made respecting the persons or estates of absentees. The privilege and benefit of the habeas corpus shall be enjoyed in this State, 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 time not exceed- ing three months. The enacting style, in making and passing acts, statutes, and laws, shall be — Be it enacted by the Senate and House of Representatives^ in General Court convened. No governor, or judge of the Supreme Judicial Court, shall hold any office or place under the authority of this State, except such as by this Constitution they are admitted to hold, saving that the judges of the said Court may hold the offices of justice of the peace throughout the State ; nor shall they hold any place or office, or re- ceive any pension or salary, from any other State, government, or power whatever. No person shall be capable of exercising, at the same time, more than one of the following offices within this State, viz., judge of pro- bate, sheriff, register of deeds ; and never more than two offices of profit, which may be held by appointment of the Governor, or Gov- ernor and Council, or Senate and House of Representatives, or supe- rior and inferior courts, military offices and offices of justices of the peace excepted. No person holding the office of judge of any court (except special judges), Secretary, Treasurer of the State, Attorney-General, Com- missary-General, military officers receiving pay from the continent or this State (excepting officers of the militia occasionally called forth on an emergency), register of deeds, sheriff, or officers cf the customs, including naval officers, collectors of excise, and State and continental taxes, hereafter appointed, and not having settled their accounts with the respective officers with whom it is their duty to settle such accounts, members of Congress, or any person holding any office under the United States, shall, at the same time, hold the office of Governor, or have a seat in the Senate, or House of Hepre- sentatives, or Council ; but his being chosen, or appointed to, and accepting the same, shall operate as a resignation of his seat in the chair, Senate, or House of Representatives, or Council ; and tho 6 68 CONSTITUTION OF NEW HAMPSHIRE. places so vacated shall be filled up. No member of the Council shall have a seat in the Senate or House of Representatives. No person shall ever be admitted to hold a seat in the Legislature, or any office of trust or importance under this government, who, in the due course of law, has been convicted of bribery or corruption in obtaining an election or appointment. In all cases where sums of money are mentioned in this Consti- tution, the value thereof shall be computed in silver, at six shillings and eight pence per ounce. To the end that there may be no failure of justice, or danger to the State, by the alterations and amendments made in the Constitu- tion, the General Court is hereby fully authorized and directed to fix the time when the alterations and amendments shall take effect, and make the necessary arrangements accordingly. It shall be the duty of the selectmen and assessors of the several towns and places in this State, in warning the first annual meeting for the choice of senators, after the expiration of seven years from the adoption of this Constitution, as amended, to assert expressly in the warrant, this purpose, among the others for the meeting, to wit : to take the sense of the qualified voters on the subject of a revision of the Constitution ; and the meeting being warned accordingly, and not otherwise, the moderator shall take the sense of the qualified voters present, as to the necessity of a revision ; and a return of the number of votes for and against such necessity, shall be made by the clerk, sealed up, and directed to the General Court, at their next session ; and if it shall appear to the General Court, by such return, that the sense of the people of the State has been taken, and that, in the opinion of the majority of the qualified voters in this State, present and voting at said meetings, there is a necessity for a revi- sion of the Constitution, it shall be the duty of the General Court to call a convention for that purpose ; otherwise the General Court shall direct the sense of the people to be taken, and then proceed in the manner before mentioned. The delegates to be chosen in the same manner, and proportioned as the representatives to the Gene- ral Court ; provided that no alteration shall be made in this Con- stitution, before the same shall be laid before the towns and unin- corporated places, and approved by two-thirds of the qualified voters present and voting on the subject. And the same method of taking the sense of the people as to a revision of the Constitution, and calling a Convention for that pur- pose, shall be observed afterwards, at the expiration of every seven years. This form of government shall be enrolled on parchment, and de- posited in the Secretary's office, and be a part of the laws of the land ; and printed copies thereof shall be prefixed to the books con- taining the laws of this State in all future editions thereof VERMONT. The first settlement in this State was at Fort Dummer, in the S. E. part of the State, from Mass. New York and New Hampshire respectively laid claim to the territory till 1764, when N. Y. obtained a grant from the British Parlia- ment, which put an end to the claim of N. H. N. Y. thereupon attempted to enforce her jurisdiction, which was resisted by the inhabitants. They claimed to be independent both of N. H. and N. Y., and organized themselves in armea bands, with Ethan Allen at their head, under the celebrated name of the Green Mountain Boys. The contest continued and increased till the break- ing out of the Revolutionary War. Owing to this claim of N. Y., Congress- refused to admit Vermont into the confederation. Vermont, in 1790, paid to N. Y. ^30,000 to withdraw her claim, and in 1791 was admitted to the union. Notwithstanding this fourteenth State was not admitted into the union until after the Revolutionary contest was over, yet she bore an important part in that transaction, and her hardy sons gave ample proof of their bravery. A range of mountains, covered with evergreens, nearly divides this State in its centre from north to south. Hence its name, and hence the appellation Green Mountain Boys. The first Constitution of this State was formed in 1777 ; the present one was adopted July 3, 1793. Area, 9,700 sq. m. Population, in 1850, 313,611. CONSTITUTION. CHAPTER I A Declaration of Rights of the Inhabitants of the State of Vermont. Art. 1. That all men are born e(pany free and independent, and Lave certain natural, inherent, and inalienable rights, amongst which 70 CONSTITUTION OP are the enjoying and defending life and liberty, acquiring, possess- ing, and protecting property, and pursuing and obtaining happiness and safety : therefore, no male person, born in this country, or - brought from over sea, ought to be holden by law to serve any per- son as a servant, slave, or apprentice, after he arrives at the age of twenty-one years, nor female, in like manner, after she arrives to the age of eighteen years, unless they are bound by their own con- sent, after they arrive to such age, or bound by the law for the pay- ment of debts, damages, fines, costs, or the like. 2. That private property ought to be subservient to public uses when necessity requires it ; nevertheless, when any person's prop- erty is taken for the use of the public, the owner ought to receive an equivalent in money. 3. That all men have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences and understandings, as in their opinion shall be regulated by the word of God : and that no man ought to, or of right can, be com- pelled to attend any religious worship, or erect or support any place of worship, or maintain any minister, contrary to the dictates of his conscience ; nor can any man be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments or pe- culiar mode of religious worship; and that no authority can or ought to be vested in or assumed by any power whatever, that shall in any case interfere with, or in any manner control, the rights of conscience in the free exercise of religious worship. Nevertheless, every sect or denomination of Christians ought to observe the Sab- bath, or Lord's day, and keep up some sort of religious worship, which to them shall seem most agreeable to the revealed will of God. 4. Every person within this State ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character ; he ought to ob- tain right and justice freely, and without being obliged to purchase it ; completely, and without any denial ; promptly, and without de- lay ; conformably to the law. 5. That the people of this State, by their legal representatives, have the sole, inherent, and exclusive right of governing and regu- lating the internal police of the same. 6. That all power being originally inherent in, and consequently derived from the people, therefore, all officers of government, wheth- er legislative or executive, are their trustees and servants, and at all times, in a legal way, accountable to them. 7. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community, and not for the particular emolument or advantage of any single man, family, or set of men, who are a part only of that community ; and that the community hath an indubitable, inalienable, and inde- feasible right to reform or alter government, in such manner as VERMONT. 71 shall be, by that community, judged most sonducive to the public weal. 8. That all elections ought to be free and without corruption, and that all freemen, having a sufficient evidence, common interest with, and attachment to the community, have a right to elect officers, and be elected into office, agreeably to the regulations made in this Con- stitution. 9. That every member of society hath a right to be protected in the enjoyment of life, liberty, and property, and therefore is bound to contribute his proportion towards the expense of that protection, and yield his personal service, when necessary, or an equivalent thereto ; but no part of any person's property can be justly taken from him, or applied to public uses, without his consent, or that of the representative body of freemen ; nor can any man, who is con- scientiously scrupulous of bearing arms, be justly compelled thereto, if he will pay such equivalent ; nor are the people bound by any law but such as they have in like manner assented to, for their common good ; and previous to any law being made to raise a tax, the pur- pose for which it is to be raised ought to appear evident to the Legis- lature to be of more service to the community than the money would be if not collected. 10. That, iu all prosecutions for criminal offences, a person hath a right to he heard by himself and his counsel ; to demand the cause and nature of his accusation ; to be confronted with the wit- nesses ; to call for evidence in his favor, and a speedy public trial, by an impartial jury of his country ; without the unanimous con- sent of which jury, he cannot be found guilty ; nor can he be com- pelled to give evidence against himself; nor can any person be justly deprived of his liberty, except by the laws of the land, or the judg- ment of his peers. 11. That the people have a right to hold themselves, their houses, papers, and possessions, free from search or seizure ; and, therefore, warrants without oath or affirmation first made, affording sufficient foundation for them, and whereby an officer or messenger may be commanded or required to search such suspected places ; or to seize any person or persons, his, her, or their property, not particularly described, are contrary to that right, and ought not to be granted. 12. That when an issue in fact, proper for the cognizance of a jury, is joined in a court of law, the parties have a right to trial by jury, which ought to be held sacred. 13. That the people have a right to a freedom of speech, and of writing and publishing their sentiments concerning the transactions of government, and therefore the freedom of the press ought not to be restrained. 14. The freedom of deliberation, speech, and debate, in the Legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation, or prosecution, action, or com- plaint, in any other court or place whatsoever. T2 CONSTITUTION OF 15. The power of suspending laws, or the execution of laws, ought never to be exercised but by the Legislature, or by authority derived from it, to be exercised in such particular cases as this Con- stitution, or the Legislature shall provide for. 16. That the people have a right to bear arms for the defence of themselves and the State ; and, as standing armies in time of peace are dangerous to liberty, they ought not to be kept up ; and that the military should be kept under strict subordination to, and governed by, the civil powei". 17. That no person in this State can, in any case, be subjected to law martial, or to any penalties or pains by virtue of that law, ex- cept, those employed in the army, and the militia in actual service. 18. The frequent recurrence to fundamental principles, and firm adherence to justice, moderation, temperance, industry, and frugality, are absolutely necessary to preserve the blessings of liberty, and keep government free ; the people ought, therefore, to pay particular attention to these points, in the choice of officers and representa- tives, and have a right, in a legal way, to exact a due and constant regard to them, from their legislators and magistrates, in making and executing such laws as are necessary for the good government of the State. 19. That all people have a natural and inherent right to emigrate from one State to another that will receive them. 20. That the people have a right to assemble together to consult for their common good ; to instruct their representatives : and apply to the Legislature for redress of grievances by address, petition, or remonstrance. 21. That no person shall be liable to be transported out of this State for trial of any offence committed within the same. CHAPTER n. Plan or Form of Government. Sec. 1. The Commonwealth or State of Vermont shall be gov- erned hereafter by a Grovernor or Lieutenant-Governor, Council, and an assembly of representatives of the freemen of the same, in manner and form following : 2. The supreme legislative power shall be vested in a House of Representatives of the freemen of the Commonwealth or State of Vermont. 3. The supreme executive power shall be vested in a Governor, or, in his absence, a Lieutenant-Governor, and Council. 4. Courts of justice shall be maintained in every county in this State, and also in new counties, when formed ; which courts shall be open for the trial of all causes proper for their cognizance ; and justice shall be therein impartially administered, without cor- ruption or unnecessary delay. The judges of the Supreme Court shall be justices of the peace throughout the State ; and the several VERMONT. 73 judges of the county courts, in their respective counties, by virtue of their office, except in the trial of such causes as may be appealed to the county court. 5. A future Legislature may, when they shall conceive the same te be expedient and necessary, erect a Court of Chancery, with such powers as are usually exercised by that Court, or as shall appear for the interest of the commonwealth : Provided they do not con- stitute themselves the judges of the said Court. G. The legislative, executive, and judiciary departments shall be separate and distinct, so that neither exercise the powers properly belonging to the other. 7. In order that the freemen of this State may enjoy the benefit of election as equally as may be, each town within this State that consists or may consist of eighty taxable inhabitants within one septenary, or seven years next after the establishing this Constitu- tion, may hold elections therein, and choose each two representa- tives ; and each other inhabited town in this State may, in like manner, choose each one representative to represent them in General Assembly, during the said septenary, or seven years ; and after that, each inhabited town may, in like manner, hold such election, and choose each one representative, forever thereafter. 8. The House of Representatives of the freemen of this State shall consist of persons most noted for wisdom and virtue, to be chosen by ballot, by the freemen of every town in this State, re- spectively, on the first Tuesday in September annually forever. 9. The representatives so chosen, a majority of whom shall con- stitute a quorum for transacting any other business than raising a State tax, for which two-thirds of the members elected shall be pre- sent, shall meet on the second Thursday of the succeeding October, and shall be styled The General Assembly of the State of Vermont : they shall have power to choose their Speaker, Secretar}'' of State, their clerk, and other necessary officers of the House — sit on their own adjournments — prepare bills, and enact them into laws — ^judge of the elections and qualifications of their own members : they may expel members, but not for causes known to their own constituents antecedent to their own elections : they may administer oaths and affirmations in matters depending before them, redress grievances, impeach State criminals, grant charters of incorporation, constitute towns, boroughs, cities, and counties : they may, annually, on their first session after their election, in conjunction with the Council, or oftener if need be, elect judges of the Supreme and several county and probate courts, sheriff's, and justices of the peace ; and also with the Council may elect major-generals and brigadier-generals, from time to time, as often as there shall be occasion ; and they shall have all other powers necessary for the Legislature of a free and sovereign State : but they shall have no power to add to, alter, abolish, or infringe any part of this Constitution. 10. The Supreme Executive Council of this State shall consist 74 CONSTITUTION OF of a Governor, Lieutenant-Governor, and twelve persons, chosen in the following manner, viz. : The freemen of each town shall, on the day of the election for choosing representatives to attend the Gen- eral Assembly, bring in their votes for Governor, with his name fairly written, to the constable, who shall seal them up, and write on them, votes for the Governor^ and deliver them to the representa- tives chosen to attend the General Assembly ; and at the opening of the General Assembly, there shall be a committee appointed out of the Council and Assembly, who, after being duly sworn to the faithful discharge of their trust, shall proceed to receive, sort, and count the votes for the Governor, and declare the person who has the major part of the votes, to be Governor for the year ensuing. And if there be no choice made, then the Council and G-eneral As- sembly, by their joint ballot, shall make choice of a Governor. The Lieutenant-Governor and Treasurer shall be chosen in the manner above directed. And each freeman shall give in twelve votes, for twelve counselors, in the same manner, and the twelve highest in nomination shall serve for the ensuing year as counselors. 11. The Governor, and, in his absence, the Lieutenant-Governor, with the Council, a major part of whom, including the Governor, or Lieutenant-Governor, shall be a quorum to transact business, shall have power to commission all officers, and also to appoint officers, except where provision is, or shall be otherwise made by law, or this frame of government ; and shall supply evety vacancy in any office, occasioned by death, or otherwise, until the office can be filled in the manner directed by law or this Constitution. They are to correspond with other states, transact business with officers of government, civil and military, and to prepare such busi- ness as may appear to thcui necessary to lay before the General Assembly. They shall sit as judges to hear and determine on im- peachments, taking to their assistance, for advice only, the judges of the Supreme Court, and shall have power to grant pardons, and remit fines, in all cases whatsoever, except in treason and murder : in which they shall have power to grant reprieves, but not to par- don, until after the end of the next session of the Assembly ; and except in cases of impeachment, in which there shall be no remission or mitigation of punishment, but by act of legislation. They are also to take care that the laws be faithfully executed. They are to expedite the execution of such measures as may be re- solved upon by the General Assembly ; and they may draw upon the treasury for such sums as may be appropriated by the House of Representatives. They may also lay embargoes, or prohibit the exportation of any commodity, for any time not exceeding thirty days, in the recess of the House only. They may grant such licenses as shall be directed by law ; and shall have power to call together the General Assembly, when necessary, before the day to which they shall stand adjourned. The Governor shall be captain-general and oommander-in-chief of the forces of the State, but shall not command VERMONT. 75 in person, except advised thereto by the Council, and then only so long as they shall approve thereof. And the Lieutenant-Governor shall, by virtue of his office, be Lieutenant-General of all the forces of the State. The Governor, or Lieutenant-Governor, and the Council, shall meet at the time and place with the General Assem- bly : the Lieutenant-Governor shall, during the presence of the Com- mander-in-Chief, vote and act as one of the Council : and the Gov- ernor, and, in his absence, the Lieutenant-Governor, shall, by virtue of their offices, preside in Council, and have a casting, but no other vote. Every member of the Council shall be a justice of the peace, for the whole State, by virtue of his office. The Governor and Council shall have a Secretary, and keep fair books of their proceed- ings, wherein any counselor may enter his dissent, with his reason to support it ; and the Governor may appoint a Secretary for him- self and his Council. 12. The representatives, having met and chosen their Speaker and Clerk, shall, each of them, before they proceed to business, take and subscribe, as well the oath or affirmation of allegiance hereinaf- ter directed, except where they shall produce certificates of their having heretofore taken and subscribed the same, as the following oath or affirmation, viz. " You, , do solemnly swear (or affirm) that, as a member of this Assembly, you will not propose or assent to any bill, vote, or resolution, which shall appear to you injurious to the people, nor do or consent to any act or thing whatsoever that shall have a ten- dency to lessen or abridge their rights and privileges, as declared by the Constitution of this State ; but will, in all things, conduct your- self as a faithful, honest representative, and guardian of the people, according to the best of your judgment and abilities : {in case of an oath) so help you God. {And in case of an afirmation) under the pains and penalties of perjury." 13. The doors of the house in which the General Assembly of this commonwealth shall sit, shall be open for the admission of all persons who behave decently, except only when the welfare of the State may require them to be shut. 14. The votes and proceedings of the General Assembly shall be printed, when one-third of the members think it necessary, as soon as convenient after the end of each session, with the yeas and nays on any question, when required by any member, except where the votes shall be taken by ballot, in which case every member shall have a right to insert the reasons of his vote upon the minutes. 15. The style of the laws of this State, in future to be passed, shall be : li is hereby/ enacted by the General Assembly of the State of Vermont. 16. To the end that laws, before they are enacted, may be more maturely considered, and the inconvenience of hasty determinations, as much as possible, prevented, all bills which originate in the As- sembly shall be laid before the Governor and Council for their revi- 76 CONSTITUTION OF eion and concurrence, or proposals of amendment ; who shall return the same to the Assembly, with their proposals of amendment, if any, in writing ; and if the same are not agreed to by the Assembly, it shall be in the power of the Governor and Council to suspend the passing of such bill until the next session of the Legislature : Pro- vided, that if the G-overnor and Council shall neglect or refuse to return any such bill to the Assembly, with written proposals of amendment, within five days, or before the rising of the Legislature, the same shall become a law. 1 7. No money shall be drawn out of the treasury, unless first ap- propriated by act of legislation. 18. No person shall be elected a representative until he has re- sided two years in this State ; the last of which shall be in the town for which he is elected. 19. No member of the Council or House of Representatives shall, directly or indirectly, receive any fee or reward to bring forward or advocate any bill, petition, or other business to be transacted in the Legislature ; or advocate any cause, as counsel, in either house of- legislation, except when employed in behalf of the State. 20. No person ought, in any case, or at any time, to be declared guilty of treason or felony by the Legislature. 21. Every man of the full age of twenty-one years, having resided in this State for the space of one whole year next before the election of representatives, and is of a quiet and peaceable behavior, and will take the following oath or affirmation, shall be entitled to all the privileges of a freeman of this State. " You solemnly swear (or affirm) that whenever you give your vote of suffrage, touching any matter that concerns the State of Ver- mont, you will do it so as in your conscience you shall judge will most conduce to the best good of the same, as established by the Constitution, without fear or favor of any man." 22. The inhabitants of this State shall be trained and armed for its defense, under such regulations, restrictions, and exceptions as Congress, agreeably to the Constitution of the United States, and the Legislature of this State, shall direct. The several companies of militia shall, as often as vacancies happen, elect their captain and other officers, and the captains and subalterns shall nominate and recommend the field-officers of their respective regiments, who shall appoint their staff-officers. 23. All commissions shall be in the name of the freemen of the State of Vermont, sealed with the State seal, signed by the G-over- nor, and in his absence the Lieutenant-Governox, and attested by the Secretary ; which seal shall be kept by the Governor. 24. Every officer of State, whether judicial or executive, shall be liable to be impeached by the General Assembly, either when in office or after his resignation or removal, for maladministration. All impeachments shall be before the Governor, or Lieutenant-Governor, and Council, who shall hear and determine the same, and may award VERMONT. 77 costs ; and no trial or impeachment shall be a bar to a prosecution at law. 25. As every freeman, to preserve his independence, if without a sufficient astate, ought to have some profession, calling, trade, or farm, wh jreby he may honestly subsist, there can be no necessity for, nor use in. establishing offices of profit, the usual effects of which are dependence and servility, unbecoming freemen, in the possessors or expectants, and faction, contention, and discord among the people. But, if any man is called into public service, to the prejudice of his private affairs, he has af right to a reasonable compensation ; and whenever an office, through increase of fees or otherwise, becomes so profitable as to occasion many to apply for it, the profits ought to be lessened by the Legislature. And if any officer shall wittingly and wilfully take greater fees than the law allows him, it shall ever after disqualify him from holding any office in this State, until he shall be restored by act of legislation. 26. No person in this State shall be capable of holding or exer- cising more than one of the following offices at the same time, viz. : Groveruor. Lieutenant-Grovernor, Judge of the Supreme Court. Trea- surer of the State, member of the Council, member of the Greneral Assembly, Surveyor-general, or sheriff. Nor shall any person, hold- ing any office of profit or trust, under the authority of Congress, be eligible to any appointment in the Legislature, or of holding any executive or judiciary office under this State. 27. The Treasurer of the State shall, before the Grovernor and Council, give sufficient security to the Secretary of the State, in be- half of the Greneral Assembly ; and each high sheriff, before the first judge of the county court to the treasurer of their respective coun- ties, previous to their respectively entering upon the execution of their offices, in such manner, and in sums, as shall be directed by the Legislature. 28. The Treasurer's accounts shall be annually audited, and a fair statement thereof laid before the Greneral Assembl}'' at their session in October. 29. Every officer, whether judicial, executive, or military, in au- thority under this State, before he enters upon the execution of his office, shall take and subscribe the following oath or affirmation of allegiance to this State, unless he shall produce evidence that he has before taken the same : and also the following oath or affirmation of office, except military officers, and such as shall be exempted by the Legislature. The Oath or Affir?nation of Office. " You do solemnly swear (or affirm) that you will be true and faithful to the State of Vermont, and that you will not, directly or indirectly, do any act or thing injurious to the Constitution or Gov- ernment thereof, as established by convention : {If an oath) so help you God. (i^ an affirmation) under the pains and penalties of per- jury." 78 CONSTITUTION OP The Oath or Affirmation of Office. " You, -, do solemnly swear (or aifirm) that you will faith- fully execute the office of for the of ; and will therein do equal right and justice to all men, to the best of your judgment and abilities, according to law : {If an oath) so help you Grod. [If an affirmation) under the pains and penalties of per- jury." 30. No person shall be eligible to the office of Governor or Lieu- tenant-Grovernor, until he shall have resided^ in this State four years next preceding the day of his election. 31. Trials of issue, proper for the cognizance of a jury, in the Supreme and county courts, shall be by jury, except where parties otherwise agree , and great care ought to be taken to prevent cor- ruption or partiality in the choice and return or appointment of juries. ■ 32. All prosecutions shall commence. By the authority of the State of Vermont ; all indictments shall conclude with these words : against the 'peace and dignity of the State. And all fines shall be proportioned to the offences. 33. The person of a debtor, where there is not strong presump- tion or fraud, shall not be continued in prison after delivering up and assigning over, bona fide, all his estate, real and personal, in pos- session, reversion, or remainder, for the use of his creditors, in such manner as shall be hereafter regulated by law. And all prisoners, unless in execution or committed for capital oifences, when the proof is evident or presumption great, shall be bailable by sufficient sure- ties ; nor shall excessive bail be exacted for bailable offences. 34. All elections, whether by the people or the Legislature, shall be free and voluntary ; and any elector, who shall receive any gift or reward for his vote, in meat, drink, monies, or otherwise, shall forfeit his right to elect at that time, and suffer such other penalty as the law shall direct ; and any person who shall, directly or indi- rectly, give, promise, or bestow, any such rewards, to be elected, shall thereby be rendered incapable to serve for the ensuing year, and be subject to such further punishment as a future Legislature shall direct 35." All deeds and conveyances of land shall be recorded in the town clerk's office, in their respective towns ; and for want thereof, in the county clerk's office of the same county. 36. The Legislature shall regulate entails in such manner as to prevent perpetuities. 37. To deter more effectually from the commission of crimes, by continued visible punishments of long duration, and to make sangui- nary punishments less necessary, means ought to be provided for pun- ishing by hard labor those who shall be convicted of crimes not cap- ital, whereby the criminal shall be employed for the benefit of the public, or for the reparation of injuries done to private persons : and VEItMONT. 79 all persons, at proper times, ought to be permitted to see them at their labor. 38. The estate of such persons as may destroy their own lives shall not for that offence be forfeited, but descend or ascend in the same manner, as if such persons had died in a natural way. Nor shall any article, which shall accidentally occasion the death of any person, be henceforth deemed a deodand, or in any wise forfeited, on account of such misfortune. 39. Every person of good character, who comes to settle in this State, having first taken an oath or affirmation of allegiance to the same, may purchase, or by other just means acquire, hold, and trans- fer land or other real estate ; and, after one year's residence, shall be deemed a free denizen thereof, and entitled to all rights of a nat- ural born subject of this State, except that he shall not be capable of being elected Grovernor, Lieutenant-Governor, Treasurer, counsel- or, or representative in Assembly until after two years' residence. 40. The inhabitants of this State shall have liberty, in seasonable times, to hunt and fowl on the lands they hold, and on other lands not enclosed ; and in like manner to fish in all boatable and other waters, not private property, under proper regulations, to be here- after made and provided by the General Assembly. 41. Laws for the encouragement of virtue and prevention of vice and immorality ought to be constantly kept in force, and duly executed ; and a competent number of schools ought to be main- tained in each town, for the convenient instruction of youth ; and one or more grammar schools be incorporated, and properly sup- ported in each county in this State. And all religious societies or bodies of men, that may be hereafter united or incorporated for the ad- vancement of religion and learning, or for other charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities, and estates, which they in justice ought to enjoy, under such regulations as the General Assembly of this State shall direct. 42. The declaration of the political rights and privileges of the in- habitants of this State, is hereby declared to be a part of the Con- stitution of this commonwealth, and ought not to be violated on any pretence whatsoever. 43. In order tliat the freedom of this commonwealth may be pre- served inviolate forever, there shall be chosen, by ballot, by the freemen of this State, on the last Wednesday in March, in the vear one thousand seven hundred and ninety-nine, and on the last Wednesday in March, in every seven years thereafter, thirteen per- «ons, who shall be chosen in the same manner the Council is chosen, except they shall not be out of the Council or General Assembly, to be called the Council of Censors : who shall meet together on the first Wednesday in June next ensuing their election, the majority of whom shall be a quorum in every case, except as to calling a Convention, in which two-thirds of the whole number elected shall agree, and whose duty it shall be to inquire, whether 80 CONSTITUTION OP the Constitution has been preserved inviolate in every part dur- ing the last septenary, including the year of their service, and whether the legislative and executive branches of Grovernment have performed their duty, as guardians of the people, or assumed to themselves, or exercised other or greater powers than they are en- titled to by the Constitution : They are also to inquire, whether the public taxes have been justly laid and collected in all parts of this com- monwealth : in what manner the public moneys have been disposed of: and whether the laws have been duly executed. For these pur- poses they shall have power to send for persons, papers, and records ; they shall have authority to pass public censures, to order impeach ments, and to recommend to the Legislature the repealing such laws as shall appear to them to have been passed contrary to the princi- ples of the Constitution : These powers they shall continue to have for and during the space of one year from the day of their election, and no longer. The said Council of Censors shall also have power to call a Convention, to meet within two years after their sitting, if there appears to them an absolute necessity of amending any ar- ticle of this Constitution, which may be defective : explaining such as may be thought not clearly expressed : and of adding such as are necessary for the preservation of the rights and happiness of the people : but the articles to be amended, and the amendments pro- posed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such Convention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject. AMENDMENTS TO THE CONSTITUTION. Adopted Art. 1. No person, who is not already a freeman of June 26, 1828. ^-^^^ g^^^^^^ ^-^^^l be entitled to exercise the privilege of a freeman, unless he be a natural-born citizen of this, or some one of the United States, or until he shall have been naturalized agree- ably to the acts of Congress. Adopted 2. The most numerous branch of the Legislature of Jan. 6, 18.6. ^j^-g g^^^^ ^j^^j^ hereafter be styled the House of Ke- presentatives. 3. The supreme legislative power of this State shall hereafter be exercised by a Senate and the House of Representatives, which shall be styled The General Assembly of the State of Vermont. Each shall have and exercise the like powers in all acts of legislation, ana no bill, resolution, or other thing, which shall have been passed bj the one, shall have the effect of, or be declared to be, a law, without the concurrence of the other. Provided, that all revenue bills shaiJ originate in the House of Representatives ; but the Senate may pr^ VERMONT. 81 pose or concur witli amendments, as on other bills. Neither house, during the session of the General Assembly, shall, without the con- sent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting, and in caso of disagreement between the two houses, with respect to adjourn ment, the Governor may adjourn them to such time as he shall think proper. 4. The Senate shall be composed of thirty senators, to be of the freemen of the county for which they are elected respectively, who are thirty years of age or upwards, and to be annually elected by the freemen of each county respectively. Each county shall be en- titled to one senator at least, and the remainder of the senators shall be apportioned to the several counties, according to their population, as the same was ascertained by the last census, taken under the au- thority of the United States, regard being always had in such ap- portionment, to the counties having the greatest fraction. But the several counties shall, until after the next census of the United States, be entitled to elect, and have their senators in the following proportion ; to wit, Bennington county, two ; Windham county, three ; Rutland county, three ; Windsor county, four ; Addison county, three ; Orange county, three ; Washington county, two ; Chittenden county, two ; Caledonia county, two ; Franklin county, three: Orleans county, one ; Essex county, one ; Grand Isle county, one. The Legislature shall make a new apportionment of the se- nators to the several counties, after the taking of each census of the United States, or census taken for the purpose of such apportion- ment by order of the Government of this State, regarding the above provisions in this article. 5. The freemen of the several towns in each county shall annually give their votes for the senators apportioned to such county, at the same time, and under the same regulations, as are now provided for the election of counselors. And the person or persons, equal in number to the number of senators, apportioned to such county, hav- ing the greatest number of legal votes in such county respectively, shall be the senator or senators of such county. At every election of senators, after the votes shall have been taken, the constable, or presiding officer, assisted by the selectmen and civil authority present, shall sort and count the said votes, and make two lists of the names of each person, with the number of votes given for each, annexed to his name, a record of which shall be made in the town clerk's office and shall seal up said lists separately, and write, on each, the name of the town, and these words : Votes for Se- nator, or Votes for Senators, as the case may be ; one of which lists shall be delivered, by the presiding officer, to the representative of said town (if any), and if none be chosen, to the representative of an adjoining town, to be transmitted to the of the Senate ; the other list, the said presiding officer shall, within ten days, deliver to the clerk of the county for the same county j and the clerk of each 82 CONSTITUTION OF county court respectively, or in case of his absence or disability, the sheriff of such county, or in case of the absence or disability of botli, the high bailiff of such county, on the tenth day after such elec- tion, shall publicly open, sort, and count said votes, and make a record of the same, in the office of the clerk of such county court, a copy of which he shall transmit to the Senate ; and shall also, within ten days thereafter, transmit to the person or persons elected, a certifi- cate of his or their election : Provided, however, that the General Assembly shall have power to regulate, by law, the mode of ballot- ing for senators within the several counties, and to prescribe the means and the manner, by which the result of the balloting shall be ascertained, and through which the senators chosen shall be certi- fied of their election, and for filling all vacancies in the Senate, which shall happen by death, resignation, or otherwise. But they shall not have power to apportion the senators to the several coun- ties, otherwise than according to the population thereof, agreeably to the provisions herein before ordained. 6. The Senate shall have the like powers to decide on the election and qualifications of, and to expel any of its members, make its own rules, and appoint its own officers, as are incident to, or ai'e possessed by, the House of Representatives. A majority shall constitute a quorum. Tlie Lieutenant-Governor shall be President of the Sen- ate, except when he shall exercise the office of Governor, or when his office shall be vacant, or in his absence, in which cases the Sen- ate shall appoint one of its own members to be President of the Sen- ate, pro tempore^ and the President of the Senate shall have a east- ing vote, but no other. 7. The Senate shall have the sole power of trying and deciding upon all impeachments : when sitting for that purpose they shall be on oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment, in cases of iiupeaehment, shall not extend further than to removal from office, and disqualification to hold or enjoy any office of honor, or profit, or trust, under this State. But the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment, according to law. 8. The supreme executive power of the State shall be exercised by the Governor, or in case of his absence or disability, by the Lieutenant-Governor, who shall have all the powers and perform all the duties vested in and enjoined upon the Governor and Council by the eleventh and twenty-seventh sections of the second chapter [part the second,] of the Constitution as at present established, ex- cepting that he shall not sit as a judge in case of impeachment, nor grant reprieve or pardon in any such case ; nor shall he command the forces of the State in person, in time of war or insurrection, un- less by the advice and consent of the Senate, and no longer than they shall approve thereof The Governor may have a Secretary of civil and military affairs, to be by him appointed, during pleasure, VERMONT. 83 whose services he may at all times command ; and for whose com- pensation provision shall be made by law. 9. The votes for Governor, Lieutenant-Grovernor, and Treasurer of the State shall be sorted and counted, and the result declared by a Committee, appointed by the Senate and House of Representa- tives. If at any time there shall be no election by the freemen, of Governor or Lieutenant-Governor, or Treasurer of the State, the Senate and House of Representatives shall, by a joint ballot, elect to fill the office, not filled by the freemen as aforesaid, one of the three candidates for such office (if there be so many) for whom the greatest number of votes shall have been returned. 10. The Secretary of State, and all officers whose elections are not otherwise provided for, and who, under the existing provisions of the Constitution, are elected by the Council and House of Repre- sentatives, shall hereafter be elected by the Senate and House of Representatives, in joint Assembly, at which the presiding officer of the Senate shall preside, and such presiding officer in such joint Assembly, shall have a casting vote, and no other. 1 1. Every bill which shall have passed the Senate and House of Representatives, shall, before it become a law, be presented to the Governor ; if he approve, he shall sign it ; if not, he shall return it, with his objections in writing, to the house in which it shall have originated, which shall proceed to reconsider it. If, upon such re- consideration, a majority of the house shall pass the bill, it shall, together with the objections, be sent to the other house, by which it shall likewise be reconsidered, and if approved by a majority of that house, it shall become a law. 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 or against the bill shall be entered on the jotirnal of each house respectively. If any bill shall not be returned by the Governor, as aforesaid, within five days (Sundays excepted,) after it shall have been presented to him, the same shall become a law, in like manner as if he had signed it, unless the two houses, by their adjournment within three days after the presentment of such bill, shall prevent its return ; in which case it shall not become a law. 12. The writ of habeas corpus shall in no case be suspended. It shall be a writ issuable of right ; and the General Assembly shall make provision to render it a speedy and effectual remedy in all cases proper therefor. 13. Such parts and provisions, only, of the Constitution of this State, established by Convention on the 9th of July, 1793, as are altered or suspended by any of the foregoing amendments, or are repugnant thereto, shall hereafter cease to have effect. 14. The assistant judges of the county court shall be elected by the freemen of their respective counties. 15. Sheriffs and high bailiffs shall be elected by the freemen of their respective counties. 16. State's attorneys shall be elected by the freemen of their respective counties. 7 84 CONSTITUTION OF 17. Judges of probate shall be elected bj the freemen of their respective probate districts. 18. Justices of the peace shall be elected by the freemen of their respective towns ; and towns having less than one thousand inha- bitants may elect any number of justices of the peace not exceed- ing j^we; towns having one thousand, and less than two thousand inhabitants, may elect seven ; towns having two thousand, and less than three thousand inhabitants, may elect ten ; towns having three thousand, and less than five thousand inhabitants, may elect twelve ; and towns having five thousand, or more, inhalDitants, may elect fifteen justices of the peace. 19. All the ofiicers named in the preceding articles of amendment {articles 14 to 18) shall be annually elected by ballot, and shall hold their offices for one year, said year commencing on the first day of December next after their election. 20. The election of the several officers mentioned in the preceding articles (articles 14 to 18), excepting town representatives, shall be made at the times and in the manner now directed in the constitu- tion for the choice of senators. And the presiding officer of each freemen's meeting, after the votes shall have been taken, sorted and counted, shall, in open meeting, make a certificate of .the names of each person voted for, with the number of votes given for each, annexed to his name and designating the office for which the votes were given, a record of which shall be made in the town clerk's office, and he shall seal up said certificate, and shall write thereon the name of the town and the words, Certificate of votes for , and add thereto, in writing, the title of the office voted for, as the case may be, and shall deliver such certificate to some representative chosen as a member of the general assembly, whose duty it shall be to cause such certificate of votes to be delivered to the committee of the general assembly appointed to canvass the same. And at the sitting of the general assembly, next after such balloting for the officers aforesaid, there shall be a committee appointed of and by the general assembly, who shall be sworn to the faithful discharge of their duty, and whose duty it shall be to examine such certificates and ascertain the number of votes given for each candidate, and the persons receiving the largest number of votes for the respective offices, shall be declared duly elected, and by such committee be reported to the general assembly, and the officers so elected shall be commissioned by the governor. And if two or more persons desig- nated for any one of said offices shall have received an equal number of votes, the general assembly shall elect one of such persons to such office. 21. The term of office of the governor, lieutenant governor, and treasurer of the state, respectively, shall commence when they shall be chosen and qualified, and shall continue for the term of one year, or until their successors shall be chosen and qualified, or to the adjournment of the session of the legislature, at which, by the con- VERMONT. ^S'^ stitution and laws, their successors are required to be chosen, and not after such adjournment. And the legislature shall provide, by gen- eral law, declaring what officer shall act as governor whenever there shall be a vacancy in both the offices of governor and lieutenant governor; occasioned by a failure to elect, or by the removal from office, or by the death, resignation, or inability of both governor and lieutenant governor, to exercise the powers and discharge the duties of the office of governor ; and such officer, so designated, shall exer- cise the powers and discharge the duties appertaining to the office of governor accordingly, until the disability shall be removed, or a governor shall be elected. And in case there shall be a vacancy in the office of treasurer, by reason of any of the causes enumerated, the governor shall appoint a treasurer for the time being, who shall act as treasurer until the disability shall be removed, or a new elec- tion shall be made. 22, The treasurer of the state shall, before entering upon the duties of his office, give sufficient security to the secretary of state, in behalf of the state of Vermont, before the governor of the state, or one of the judges of the supreme court. And sheriffs and high bailiffs, before entering upon the duties of their respective offices, shall give suffi- cient security to the treasurer of their respective counties, before one of the judges of the, supreme court, or the two assistant judges of the county court of their respective counties, in such mamier and in such sums as shall be directed by the legislature. 23. The senate shall be composed of thirty senators, to be of the freemen of the county for which they are elected, respectively, who shall have attained the age of thirty years, and they shall be elected annually by the freemen of each county respectively. The senators shall be apportioned to the several counties, accord- ing to the population, as ascertained by the census taken under the authority of Congress in the year 1840, regard being always had, in such apportionment, to the counties having the largest fraction, and giving to each county at least one senator. The legislature shall make a new apportionment of the senators to the several counties, after the taking of each census of the United States, or after a census taken for the purpose of such apportionment, under the authority of this state, always regarding the above pro- visions of this article. MASSACHUSETTS. This ancient Commonwealth was first permanently settled by Europeans, who landed at Plymoiith, Dec. 22, 1620. The history of this State is full of interest. Its name was probably derived from two Indian word : Mos and Wetuset the former signifying an Indiari^s arrow-head, and the latter a hill. The territory of Massachusetts, for many years, comprised two separate colonies — the Plymouth colony and the colony of Massachusetts Bay. In 1692 these colonies were united under one charter, and received the name of Massachusetts. The American Revolution was begun in this State, and here the first American blood was spilled in achieving its noble conquests. Mas- sachusetts furnished more men and more money than any other of the colo- nies, in carrying forward the war of the Revolution. It is the most thickly settled State in the union, having about 100 inhabitants to the square mile. The Constitution was framed in 1780. It has been several times amended. Her House of Representatives is one of the largest legislative bodies in the world.— Area, 7,800 sq. m. Population, in 1850, 994,499. Boston, the capital, is the largest city in New England, with a population, in 1845, of 120,000, and is the second commercial city in the union. John Hancock, President of the first American Congress, and first to set his bold hand to the Declaration of Independence, was a citizen of Boston. It was, also, the birth place of Benjamin Franklin, one of the five appointed to trame that interesting document. 684 MASSACHUSETTS. 85 CONSTITUTION. PREAMBLE. 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 blessings of life : and whenever these great objects are not obtained, the people have a right to alter the government, and to take meas- ures necessary for their safety, prosperity, and happiness. The body politic is formed by a voluntary association of individ- uals. 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 govern- ment, 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 Grreat Legislator of the Universe, in affording us, in the course of his Providence, an opportunity, de- liberately and peaceably, without fraud, violence, or surprise, of en- tering into an original, explicit, and solemn compact with each other ; and of forming a new Constitution of civil government, for ourselves and posterity ; and devoutly imploring his direction in so interesting a design, do agree upon, ordain, and establish, the fol- lowing declaration of rights and frame of government, as the Con- stitution of the commonwealth of Massachusetts. PART I. A Declaration of Rights of the Inhabitants of the Commomoealth of Massachusetts. Art. 1. All men are born free and equal, and have certain natu- ral, essential, and inalienable rights : among which may be reckon- ed 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. 2. It is the right, as well as the duty, of all men in society, pub- licly, and at stated reasons, 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 es- tate, for worshiping God in the manner and seasons most agreeable to the dictates of his own conscience ; or for his religious profession or sentiments ; provided he doth not disturb the public peace, or obstruct others in their religious worship. 86 CONSTITUTION OF 3. As the happiness of a people, and the good order and preser- vation of civil government, essentially depend upon piety, religion, and morality ; and as these cannot he generally diffused throughout the community, but by the institution of a public worship of God, and of public institutions in piety, religion, and morality; therefore, to promote their happiness, and to secure the good order and pre- servation of their government, the people of this commonwealth have a right to invest their Legislature with power to authorize and re- quire, 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 suitable provision, at their own expense, for the institution 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. All the people of the commonwealth have also a right to, and do, invest their Legislature with authority to enjoin upon all the sub- jects an attendance upon the instructions of the public teachers, as aforesaid, at stated times and seasons, if there be any one whose in- structions they can conscientiously and conveniently attend : — Provided, notwithstanding, that the several towns, parishes, pre- cincts, 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. All moneys paid by the subject to the support of public worship, and of the public teachers aforesaid, shall, if he require it, be uni- formly applied to the support of the public teacher or teachers of his own religious sect or denomination, provided there be any on whose instruction he attends ; otherwise it may be paid towards 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, shall be equally under the protection of the law ; and no subordination of any sect or denomination to another shall ever be established by law. 4. The people of this commonwealth have the sole and exclusive right of governing themselves, as a free, sovereign, and independent State : and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter be by them expressly delegated to the United States of America, in Congress assembled. 5. All power residing originally in the people, and being derived from them, the several magistrates and officers of government vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them. 6. No man, or 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 arises from the MASSACHUSETTS. 87 consideration of services rendered to the public. And this title being, in nature, neither hereditary nor transmissible to children or descendants, or relations of blood, the idea of a man born a magis- trate, lawgiver, or judge, is absurd and unnatural. 7. Government is instituted for the common good : for the pro- tection, safety, prosperity and happiness of the people ; and not fo? the profit, honor, or private interest of any one man, family, or anj one class of men. Therefore, the people alone have an incontesta- ble, inalienable, and indefeasible right to institute government, and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it. 8. 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 the frame of government, to cause their public officers to return to private life, and to fill up vacant places by certain and regular elections and appointments. 9. 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 officers, and to be elected for public employments. 10. Each individual of the society has a right to be protected by it, in the enjoyment of his life, liberty, and property, according to the standing laws. He is obliged, consequently, to contribute his share to the espense of this protection ; to give his personal service, or an equivalent, when necessary. But no part of the property of any individual can, with justice, Joe taken from him, or applied to the public use, without his own consent, or that of the representa- tive body of the people. In fine, the people of this commonwealth are not controllable' by any other laws than those to which their constitutional representative body have given their consent. And whenever the public exigencies require that the property of any in- dividual shall be appropriated to public uses, he shall receive a rea- sonable compensation therefor. 11. Every subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive, in his person, property, or character. He ought to obtain right and justice freely, and without being obliged to purchase it — completely, and without any denial — promptly, and without delay — conformably to the laws. 12. No person shall be held to answer for any crime or ofi"enee, until the same is fully and plainly, substantially and formally, des- cribed to him ; or be compelled to accuse or furnish evidence against himself And every person shall have a right to produce all proofs that may be favorable to him ; to meet the witnesses against him, face to face, and be fully heard in his defense, by himself, or his counsel, at his election. And no person shall be arrested, imprisoned, or despoiled or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, 88 CONSTITUTION OF liberty, or estate, but by the judgment of Ms 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 government of the army and navy) without trial by jury. 13. In criminal prosecutions the verification of facts, in the vicin- ity where they happen, is one of the greatest securities of the life, liberty, and property of the citizen. 14. Every person has a right to be secure from all unreasonable searches and seizures of his person, his house, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or af&rmation ; and if the order, in a warrant to a civil officer, to make search in all suspected places, or to arrest one or more sus- pected 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 such cases, and with the formalities prescribed by the laws. 15. In all controversies concerning property, and in all suits be- tween two or more persons, (except in cases in which it has hereto- fore been otherwise used and practised.) the parties have a right to a trial by jury ; and this method of procedure shall be held sacred — ^unless, in cases arising on the high seas, and such as relate to mariners' wages, the Legislature shall hereafter find it necessary to alter it. 16. The liberty of the press is essential to security of freedom in a State ; it ought not, therefore, to be restrained in this Common- wealth. 17. The people have a right to keep and to bear arms for the com- mon 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. 18. A frequent recurrence to the fundamental principles of the Constitution, and a constant adherence to tho.se of piety, justice, moderation, temperance, industry, and frugality, are absolutely ne- cessary 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 all laws necessary for the good adminis- tration of the commonwealth. v 19. The people have a right, in an orderly and peaceable manner, to assemble to consult upon the common good ; give instruction to their representatives ; and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer. MASSACHUSETTS. 39 20. The power of suspending the laws, or the execution of the laws, ought never to be exercised but by the Legislature ; or by au- thority derived from it, to be exercised in such particular cases only as the Legislature shall expressly provide for. 21. The freedom of deliberation, speech, and debate, in either house of the Legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever. 22. 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. 23. No subsidy, charge, tax, impost, or duties, ought to be estab- lished, fixed, laid, or levied, under any pretext whatever, without the consent of the people, or their representatives in the Legislature. 24. 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 fundamental principles of a free government. 2.5. No person ought, in any case, or in any time, to be declared guilty of treason or felony by the Legislature. 26. No magistrate or court of law, shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punish- ments. 27. 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 manner ordained by the Legislature. 28. No person can, in any case, be subjected to law martial, 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 the authority of the Legislature. 29. It is essential to the preservation of the rights of every indi- . vidual, his life, liberty, property and character, that there be an im- partial 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 es- tablished by standing laws. 30. In the government of this commonwealth, the legislative de- partment shall never exercise the executive and judicial powers, or either of them : the executive shall never exercise the legislative and judicial powers, or either of them : the judic'al shall never ex- ercise the legislative and executive powers, or either of them • to the end that it may be a government of laws, and not of men. 90 CONSTITUTION OF PAUT II. Frame of Government. The people inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly and mutually agree with each other to form themselves into a free, sovereign, and indepen- dent body politic, or State, by the name of The Commonwealth of Massachusetts. CHAPTER I. Section i. The Legislative Poioer. — The General Court. Art. 1. The department 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 of May, and at such oth^ times as they shall judge necessary ; and shall dissolve and be dissolved on the day next preceding the last Wednesday in May ; and shall be styled, The General Court of Massachusetts. 2. No bill or resolve of the Senate or House of Representatives 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 revi- sion, 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 ob- jections sent down by the Grovernor, at large, on their records, and proceed to reconsider the said bill or resolve ; but if, after such re- consideration, two-thirds of the said Senate or House of Represen- tatives shall, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the Legislature, where it shall also be reconsidered, and if approved by two-thirds of the members present, it shall have the force of 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 vot- ing for or against the said bill or resolve, shall be entered upon the public records of the commonwealth. And, in order, to prevent unnecessary delays, if any bill or resolve shall not be returned by the Governor within five days after it shall have been presented, the same shall have the force of a law. 3. 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 hear MASSACHUSETTS. 91 ing, trying, and determining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes, and things whatsoever, arising or happening within the commonwealth, or between or con- cerning 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, or whether the said pleas be real, personal, or mixed ; and for the awarding and making out of execution there- upon ; to which courts and judicatories are hereby given and grant- ed 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. 4. And further, full power and authority are hereby given and granted to the said General Court, from time to time, to make, or- dain, 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 con- trary to this Constitution), as they shall judge to be for the good and welfare of this commonwealth, and for the government and order- ing thereof, and of the citizens 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 set- tling all civil officers, within the said commonwealth, the election and constitution of whom are not hereafter, in this form of govern- ment, otherwise provided 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 shall be respectively administered unto them for the execution of their seve- ral offices and places, so as the same be not repugnant or contrary to this Constitution ; and to impose and levy proportionable and rea- sonable assessments, rates, and taxes upon all the inhabitants of, and persons resident, and estates lying withio the said common- wealth ; and also to impose and levy reasonable duties and excises upon any produce, goods, wares, merchandises, and commodities whatsoever, brought into, produced, manufactured, or being with- in the same ; to be issued and disposed of by warrant under the hand of the Governor of this commonwealth for the time being, with the advice and consent of the Council, for the public service, in the necessary defense and support of the government of the said com- monwealth, and the protection and preservation of the citizens there- of, 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 practised ; in order that such assessments may be made with equality, there shall be a valuation of estates within the common- wealth taken anew once in every ten years, at the least, and as much oftener a,« the General Court shall order. 92 CONSTITUTION OF Section ii. — Senate. Art. 1. There shall be anniaally elected by the freeholders and other inhabitants of this commonwealth, qualified as in this Consti- tution is provided, forty persons to be counselors 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 G-eneral Court for that purpose. And the Grene- ral Court, in assigning the numbers to be elected by the representa- tive districts, shall govern themselves by the proportion of the pub- lic taxes paid by the said districts ; and timely make known to the inhabitants of the commonwealth, the limits of each district, and the numbers of counselors and senators to be chosen therein : provided 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 choose more than six senators. And the several counties in this commonwealth shall, until the G-eneral Court shall determine it necessary to alter the said dis- tricts, be districts for choice of counselors and senators, (except that the counties of Duke's county and Nantucket shall form one dis- trict for that purpose,) and shall elect the following number for counselors and senators, viz. : York two Duke's county and ^ Nantucket \ * °^^ Worcester .... five Cumberland . . . one Lincoln one Berkshire .... two 2. The Senate shall be the first branch of the Legislature : and the senators shall be chosen in the following mannei', viz. : There shall be a meeting on the first Monday in April, annually forever, of the inhabitants of each town in the several counties of this com- monwealth ; to be called by the selectmen, and warned in due course of law, at least seven days before the first Monday in April, for the purpose of electing persons to be senators and counselors. And at such meetings every male inhabitant, of twenty-one years of age and upwards, having a freehold estate within the common- wealth of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the senators for the district of which he is an inhabitant ; and to re- move all doubts concerning the word " inhabitant" in this Constitu- tion, every person shall be considered as an inhabitant (for the pur- pose 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 Suffolk . . . . . six Essex . . . . . SIX Middlesex . . . . five Hampshire . . . . four Plymouth . . . . three Barnstable . . . . one Bristol . . . three MASSACHUSETTS. 93 impartially, and shall receive tlie 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 number 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 purports of the contents thereof, and delivered by the town clerk of such town to the sheriff of the county in which such town lies, thirty days at least before the last Wednesday in May, annually ; or it shall be delivered into the Secretary'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 Secre- tary'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 re- quired to assess taxes upon themselves, toward the support of gov- ernment, shall have the same privilege of voting for counselors and senators in the plantations where they reside, as town inhabitants have in their respective towns ; and the plantation meetings for that purpose shall be held annually on the same first Monday in April, at such place in the plantations respectively as the assessors thereof shall direct ; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and town clerks have in their several towns, by this Con- stitution ; and all other persons, living in places unincorporated (qualified as aforesaid), who shall be assessed to the support of gov- ernment by the assessors of an adjacent town, shall have the privi- lege of giving in their votes for counselors 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. 3. And that there may be a due Convention of senators on the last Wednesday in May annually, the Grovernor and 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 as shall appear to be chosen by the majority of votes, 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. 4. 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, 94 CONSTITUTION OF determine and declare who are elected by each district, to be sena- tors, by a majority of votes : and in case tliere shall not appear to be the full number of senators returned, elected by a majority of votes for any district, the deficiency shall be supplied in the follow- ing manner, viz. : The members of the House of Representatives, and such senators as shall be declared elected, shall take the names of such persons as shall be found to have the highest number of votes in such district, and not elected, amounting to twice the num- ber of senators wanting, if there be so many voted for ; and out of these shall elect, by ballot, a number of senators sufl&cient to fill up the vacancies in such district ; and in this manner all such vacan- cies shall be filled in every district of the commonwealth : and, in like manner, all vacancies in the Senate, arising by death, removal out of the State, or otherwise, shall be supplied as soon as may be after such vacancies shall happen : 5. Provided, nevertheless, that no person shall be capable of being elected 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. 6. The Senate shall have power to adjourn themselves, provided such adjournments do not exceed two days at a time. 7. The Senate shall choose its own President, appoint its own J officers, and determine its own rules of proceedings. ^^ 8, The Senate shall be a court, with full authority to hear and de- i^ termine all impeachments made b}^ the House of Representatives, !%*• against any officer or officers of the commonwealth, for misconduct and I ^ 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 determine 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 commonwealth; but the party so convicted shall be, nevertheless, liable to iro^peaeh-^ wsat, trial, judgment, and punishment, according to the laws of the land. 9. Not less than sixteen m_embers of the Senate shall constitute a quorum for doing business. Section III. — House of Representatives. Art. 1. There shall be, in the Legislature of this commonwealtlij a representation of the people, annually elected, and founded upon the principles of equality *.';v MASSACHUSETTS. 95 2. And in order to provide for a representation of the citizens of this commonwealth, founded on the principles of equality, every corporate town containing one hundred and fifty ratable polls may elect one representative ; every corporate town containing three hundred and seventy-five ratable polls may elect two representatives: every corporate town containing six hundred ratable polls, may elecH three representatives, and proceeding in that manner, making two hundred and twenty-five ratable polls the mean increasing number for every additional representative : Provided, nevertbeless, that each town now incorporated, not having one hundred and fifty ratable polls, may elect one represent- ative. But no place shall hereafter be incorporated with the privi- lege of electing a representative, unless there are. within the same, one hundred and fifty ratable polls. And the House of Representatives 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 expense of traveling to the Grenerai 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 at- tend as seasonably as he can, in the judgment of the House, and does not depart without leave. 3. Every member of the House of Representatives shall be chosen by written votes ; and for one year at least next preceding his elec- tion shall have been an inhabitant of. and have been seized in his own right of a freehold of the value of one hundred pounds within the town he shall be chosen to represent, or any ratable es- tate, 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. 4. Every male person (being twenty-one years of age, and resi- dent of any particular town in this commonwealth, for the space of one year next preceding) having a freehold estate within the same town, of the annual income of three pounds, 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. 5. The members of the House of Representatives shall be chosen annually, in the mouth of May, ten days, at least, before the last Wednesday of that month. 6. 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. 7. All money bills shall originate in the House of Representa- tives : but the Senate may propose or concur with amendments as on other bills. 8. The House of Representatives shall have power to adjourn themselves ; provided such adjournment shall not exceed two days at a time. CONSTITUTION OF 9. Not less than sixty members of the House of Representatives shall constitute a quorum for doing business. 10. The House of Representatives shall be the judge of the re- turns, elections and qualifications ot its own members, as pointed out in the Constitution ; shall choose their own Speaker ; appoint their own officers, and settle their rules and orders of proceeding in their own house. They shall have authority to punish, by imprison- ment, every person (not a member) who shall be guilty of disrespect to the house, by any disorderly or contemptuous behaviour in its presence ; or who, in the town where the G-eneral Court is sitting, and during the time of its sitting, shall threaten harm to the body or or estate of any of its members, for anything said or done in the House ; or who shall assault any of them therefor ; or who shall as- sault 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. And no member of the House of Representatives shall be arrested or held to bail on mesne process, during his going into, returning from, or his attending the G-eneral Assembly. 11. The Senate have the same powers in the like cases ; and the Grovernor and Council shall have the same authority to punish in like cases : provided, that no imprisonment, on the warrant or order of the Grovernor, Council, Senate or House of Representatives, for either of the above described offences, be for a term, exceeding thirty days. And the Senate and House of Representatives may try and deter- mine all eases 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. Section I. — Executive Power. Governor. Art. 1. There shall be a Supreme Executive Magistrate, who shall be styled the Governor of the Commonwealth of Massachusetts : and whose title shall be. His Excellency. 2. The Grovernor shall be chosen annually : and no person shall be eligible to this office, 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. 3. Those persons who shall be qualified to vote for senators and representatives, within the several towns of this commonwealth, shall, at a meeting to be called for that purpose, on the first Mon- day in April, annually, give in their votes for a Grovernor to the se- MASSACHUSETTS. 97 lectmeu, who shall preside at such meetings ; and the town clerk, in the presence and with the assistance of the selectmen, shall, in open town meeting, sort and count the votes, and form a list of the per- sons voted for, with the number of votes for each person, against his name : and shall make a fair record of the same iu 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 lists, attested by him and the selectmen, and transmit the same to the sheriff of the county, thirty days at least before the last Wednes- day in May : and the sheriff shall transmit the same to the Secre- tary'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 said day ; and the Secretary shall lay the same before the Senate and House of Representatives on the last Wednes- day 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 de- clared and published. But if no person shall have a majority of votes, the House of Representatives shall, by ballot, elect two out of four persons, 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 persons so elected ; on which the Senate shall, by ballot, elect one who shall be declared Grovernor. 4. The Grovernor shall have authority from time to time, at his discretion, to assemble and call together the counselors of this com- monwealth for the time being ; and the Governor, with the said counselors, 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 or laws of the land. 5. The Governor, with the advice of Council, shall have full power and authority, during the session of the General Court, to adjourn or prorogue the same, to any time the two houses shall de- sire ; and to dissolve the same on the day next preceding the last Wednesday in May, and in the recess of the said Court to prorogue the same, from time to time, not exceeding ninety days in any one recess ; and to call it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the commonwealth shall require the same. And in case of any infectious distemper prevail- ing in the place where the said Court is next, at any time, to con- vene, or any 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 of the most convenient places within the State. And the Governor shall dissolve the said General Court on the day next preceding the last Wednesday in May. 6. In cases of disagreement between the two houses with regard 8 98 CONSTITUTION OF to the necessity, expediency, or time of adjournment, or prorogation, the Governor, with advice of the Council, shall have a right to ad- journ or prorogue the Grcneral Court, not exceeding ninety days, as he shall determine and the public good shall require. 7. The Governor of this commonwealth, for the time being, shall be 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 officer or officers, from time to time, to train, instruct, exercise, and govern the militia and navy ; and, for the special defense and safety of the commonwealth, to as- semble in martial array, and put in warlike posture, the inhabitants thereof; and to lead and conduct them, and with them to encoun- ter, repel, resist, expel, and pursue, by force of arms, as well by sea as by land, within or without the limits of this commonwealth ; and also to kill, slay, and destroy, if necessary, and conquer, by all fit- ting ways, enterprises, and means whatsoever, all and every such person or persons, as shall, at any time hereafter, in a hostile man- ner, attempt or enterprise the destruction, invasion, detriment, or annoyance of this commonwealth ; and to use and exercise over the army and navy, and over the militia in actual service, the law mar- tial, in time of war or invasion, and also in time of rebellion (de- clared by the Legislature to exist), as occasion shall necessarily re- quire ; and to take and surprise, by all ways and means whatsoever, all and every such person or persons (with their ships, arms, ammu- nition, and goods) as shall, in a hostile manner, invade, or attempt the invading, conquering, or annoying this commonwealth ; and that the Governor be intrusted with all these and other powers incident to the offices of captain-general, and commander-in-chief, and admi- ral, to be exercised 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 inhabi- tants 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 conveniently have access. 8. The power of pardoning offences, except such as persons may be convicted of before the Senate, by an impeachment of the House, ehall be in the Governor, by and with the advice of Council ; but DO charter of 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 offence or offences intended to be par- doned. 9. All judicial officers, the Attorney-General, the Solicitor-Gene- ral, all sheriffs, coroners, and registers of probate, shall be nominal'- MASSACHUSETTS. 99 ed and appointed by the Grovernor, by and with the advice and con- sent of the Council ; and every such nomination shall be made by the GrOvernor, and made at least seven days prior to such appointment. 10. The captains and subalterns of the militia shall be elected by the written votes of the train band and alarm list of their respective companies, of twenty-one years of age and upwards. The field offi- cers of regiments shall be elected by the written votes of the cap- tains and subalterns of their respective regiments. The brigadiers shall be elected, in like manner, by the field officers of their respect- ive brigades. And such officers, so elected, shall be commissioned by the G-overnor, 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 Representatives, each having a negative upon the other ; and be commissioned by the Grovernor. And if the electors of brigadiers, field officers, captains, or subal- terns, shall neglect or refuse to make such elections, after being duly notified according to the laws of the time being, then the GrOvernor, with advice of the Council, shall appoint suitable persons to fill such offices. And no officer, duly commissioned to command in the militia, shall be removed from his office, but by the address of both houses to the Grovernor, or by fair trial in court-martial, pursuant to the laws of the commonwealth for the time being. The commanding officers of regiments shall appoint their adju- tants and quartermasters : the brigadiers their brigade-majors ; and major-generals their aids : and the GrOvernor shall appoint the adju- tant-general. The Governor, with advice of Council, shall appoint all officers of the continental army, whom (by the confederation of the United States (it is provided that this commonwealth shall appoint, as also all officers of forts and garrisons. The divisions of the militia into brigades, regiments, and compa- nies, made in pursuance of the militia laws now in force, shall be considered as the proper divisions of the militia of this common- wealth, until the same shall be altered in pursuance of some future law. 11. No moneys shall be issued out of the treasury of this com- monwealth, and be disposed of (except such sums as may be ap- propriated 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 inhabitants thereof, agreeably to the act and resolves of the Gene- ral Court. 100 CONSTITUTION OP 12. All public boards, the commissary-general, all superintending officers of public magazines and stores, belonging to this common- wealth, and all commanding officers of forts and garrisons within the same, shall, once in every three months, officially, and without requi- sition, and at other times when required by the G-overnor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages, and small arms, with their accoutrements, 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, 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 dis- patches and intelligence of a public nature, which shall be directed to them respectively. 13. As the public good requires that the Governor should not be under the undue influence of any of the members of the General Court, by a dependence on them for his support : that he should in all cases act with freedom for the benefit of the public ; that he should not have his attention necessarily diverted from that object to his private concerns ; and that he should maintain the dignity of the commonwealth, in the character of its chief magistrate, it is ne- cessary that he should have an honorable, stated salary, of a fixed and permanent value, amply sufficient for those purposes, and estab- lished 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 es- tablished, are insufficient, they shall, from time to time, be enlarged, as the General Court shall judge proper. Section II. — Lieutenant- Governor. Art. 1. There shall be annually elected a Lieutenant-Governor of the Commonwealth of Massachusetts, whose title shall be. His Honor ; and who shall be qualified, in point of religion, property, and residence in the commonwealth, in the same manner with the Governor ; and the day and manner of his election, and the qualifi- cations of the electors, shall be the same as are required in the elec- tion of a Governor. The return of the votes for this officer, and the declaration 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 return- ed, the vacancy shall be filled by the Senate and House of Represen- tatives, in the same manner as the Governor is to be elected, in case MASSACHUSETTS. 101 no one person shall have a majority of the votes of the people, to be Governor. 2. The Grovernor, and in his absence the Lieutenant-Governor, shall be the President of the Council, but shall have no vote in Council ; and the Lieutenant-Governor shall always be a member of the Council, except when the chair of the Governor shall be vacant. 3. 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 power and authorities which, by this Constitu- tion, the Governor is vested with, when personally present. Section III. Council, and the manner of settling elections by the Legislature. Art. 1. There shall be a Council for advising the Governor in the executive part of 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 discre- tion, to assemble and call together : and the Governor, with the said counselors, 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. 2. Nine counselors shall be annually chosen from among the per- sons returned from the counselors and senators, on the last Wednes- day in May, by the joint ballot of the senators and representatives, 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 sen- ators left shall constitute the Senate for the year. The seats for the persons thus elected from the Senate, and accepting the trust, shall be vacated in the Senate. 3. The counselors, in the civil arrangements of the commonwealth, shall have rank next after the Lieutenant-Governor. 4. Not more than two counselors shall be chosen out of any one district of this commonwealth. 5. 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. 6. Whenever the office of 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 to execute all and every such acts, matters, and things, as the Governor, or Lieutenant-Governor 102 CONSTITUTION OF might or could, by virtue of this Constitution, do or execute, if they or either of them were personally present. 7. And whereas the elections appointed to be made by this Con- stitution, on the last Wednesday in May annually, by the two houses of the Legislature, may not be completed on that day, the said elections may be adjourned from day to day until the saaiie shall be completed. And the order of election shall be as follows : the vacancies in the Senate, if any. shall first be filled up ; the Gov- ernor and Lieutenant-Grovernor shall then be elected, provided there shall be no choice of them by the people ; and afterwards the two houses shall proceed to the election of the Council. Section IV. — Secretary^ Treasurer^ Commissary, Sj-c. Art. 1. The Secretary, Treasurer, and Receiver-General, and the Commissary-General, notaries public, and naval officers, shall be chosen annually, by joint ballot of the senators and representatives, in one room ; and that the citizens of this commonwealth may be assured, from time to time, that the moneys remaining in the public treasmy, upon the settlement and liquidation of the public accounts, are their property, no man shall be eligible as Treasurer and Re- ceiver-General more than five years successively. 2. The records of the commonwealth shall be kept in the office of the Secretary, who may appoint his deputies, for whose conduct he shall be accountable ; and he shall attend the Governor and Council, the Senate and House of Representatives, in person, or by his deputies, as they shall respectively require. CHAPTER III. Judiciary Poiver. Art. 1. The tenure that all commissioned officers shall by law have in their offices, shall be expressed in their respective commissions; all judicial officers, duly appointed, commissioned, and sworn, shall hold their offices during good behaviour ; excepting such concerning whom there is different provision made in this Constitution : Pro- vided, nevertheless, the Governor, with consent of the Council, may remove them upon the address of both houses of the Legislature. 2. Each branch of the Legislature, as well as the Governor and Council, shall have authority to require the opinions of the justices of the Supreme Judicial Court, upon important questions of law, and upon solemn occasions. 3. In order that the people may not suffer from the long contin- uance in place of any justice of the peace, who shall fail of dis- charging 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 MASSACHUSETTS. 103 renewed, or another person appointed, as shall most conduce to the well-being of the commonwealth. 4. The judges of probates of wills, and for granting letters of ad- ministration, shall hold their courts at such place or places, on fixed days, as the convenience of the people may require : and the Legis- lature shall, from time to time hereafter, appoint such times land places : until which appointments, the said courts shall be holden at the times and places which the respective judges shall direct. 5. All the causes of marriage, divorce, 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 provisions. CHAPTER IV. Delegates to Congress. The delegates of this commonwealth to the Congress of the United States shall, some time in the month of .Tune annually, be elected by joint ballot of the Senate and House of Representatives, assembled together in one room ; to serve in Congress for one year, to com- mence on the first Monday in November then next ensuing. They shall have commission 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. CHAPTER V. To the University at Cambridge^ and Encouragement of Literature^ SfG. Section I. — The University. Akt. 1. 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 university many persons of great emi- nence have, by the blessing of God, been initiated into those arts and sciences which qualified them for public empiojmients both in church and state : and whereas the encouragement of arts and sci- ences, and all good literature, tends to the honor of God. the advan- tage 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 ofiieers 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 Presi- dent and fellows of Harvard College, and to their successors, and to their officers and servants, respectively, forever. % And whereas there have been, at sundry times, by divers per- I 104 CONSTITUTION OF sons, gifts, grants, devises of houses, lands, tenements, goods, chat- tels, legacies, and conveyances, heretofore made, either to Harvard College, in Cambridge, in New England, or to the President and fellows of Harvard College, or to the said College, by some other description, under several charges successively — it is declared, that all the said gifts, grants, devises, legacies, and conveyances, are hereby forever confirmed unto the President and fellows of Har- vard College, and to their successors in the capacity aforesaid, according to the true intent and meaning of the donor or donors, grantor and grantors, devisor and devisors. 3. And whereas, by an act of the 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 bding neces- sary in this new Constitution of government, to ascertain who shall be deemed successors 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 ; 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. Bos- ton, Roxbuvy, and Dorchester, mentioned in the said act. shall be, and hereby are, vested with all the powers and authority belonging, or in any way appertaining to the overseers of Harvard College ; provided, that nothing herein shall be construed to prevent the Le- gislature of this commonwealth from making such alterations in the government of the said university as shall be conducive to its advan- tage, 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 Massachusetts Bay. Section II. — The Encouragement of Literature. Wisdom and knowledge, as well as virtue, diifused generally among the body of the people, being necessary for the preservation of their rights and liberties, and as these depend on spreading the oppor- tunities and advantages of education in the various parts of the coun- try, and among the different orders of the people, it shall be the duty ot the legislatures and magistrates, in all future periods of this common- wealth, to cherish the interest 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, by rewards, and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufac- tures, and a natural history of the country ; to countenance and in- culcate the principles of humanity and general benevolence, public and nrivaf'- "harifcy. industry aau frugality, honesty and punct-uaiity MASSACHUSETTS. 105 in all their dealings ; sincerity, good humor, and all social affec- tions and generous sentiments among the people. CHAPTEK VI. Oaths and subscriptions ; incompatibility of, and exclusion from, offices ^ pecuniary qiialifications ; commissions ; torits ; confirmation of laws • habeas corpus ; the enacting style ; continuance of officers ; provision for a future revisal of the Constitution, rding to the population of each, and shall alwaj^s allow to the city of Baltimore four more delegates than are allowed to the most populous county, but no county shall be entitled to less than two members, nor shall the whole number of delegates ever exceed eighty, or be less than sixty -five ; and until the apportionment is made under the census of eighteen hundred and sixty, St. Mary's county shall be entitled to two delegates; Kent, two ; Anne Arun- del, three ; Calvert, two ; Charles, two ; Baltimore county, six Talbot, two ; Somerset, four ; Dorchester, three ; Cecil, three Prince George's, three ; Queen Anne's, two ; Worcester, three MARYLAND. , 231 Jfrederick, six ; Harford, three ; Caroiine, two ; Baltimore city, ten ; Washington, five ; Montgomery, two ; Allegany, four ; Carroll, three ; and Howard, two. 4. The members of the House of Delegates shall be elected by the qualified voters of the counties and city of Baltimore respec- tively, to serve for two years from the day of their election. 5. The first election for delegates shall take place on the first Wednesday of November, eighteen hundred and fifty-one ; and the elections for delegates, and for one-half of the senators, as nearly as practicable, shall be held on the same day in every second year thereafter, but an election for senators shall be held in the year eighteen hundred and fifty-one, in Howard county, and all those counties in which senators were elected in the year eighteen hundred and forty-six. 6. 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 — the senators of the first class shall go out of ofiice at the expiration of two years, and senators shall be elected on the first Wednesday of November, eighteen hundred and fifty -three, for the term of four years, to sup- ply their places ; so that, after the first election, one-half of the senators may be chosen every second year ; provided, that in no case shall any senator be placed in a class which shall entitle him to serve for a longer term than that for which he was elected. 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 number in each class. 7. The General Assembly shall meet on the first Wednesday of January, eighteen hundred and fifty-two, on the same day, in the year eighteen hundred and fifty-three, and on the same day in the year eighteen hundred and fifty-four, and on the same day in every second year thereafter, and at no other time unless convened by the proclamation of the Governor. 8. The General Assembly may continue their first two sessions after the adoption of this Constitution, as long as, in the opinion of the two houses, the public interests may require it, but all subse- quent regular sessions of the General Assembly shall be closed on the 10th day of March next ensuing the time of their commence- ment, unless the same shall be closed at an earlier day by the agree- ment of the two houses. 9. No person shall be eligible as a senator or delegate who, at the time of his election, is not a citizen of the United States, and who has not resided at least three years next preceding the day of his election in this State, and the last year thereof in the county or city which he may be chosen to represent, if such count}^ or city shall have been so long established, and if not, then in the county 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 282 CONSTITUTION OF 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 persons holding any civil or mil- itary office under the United States, shall be eligible as a senatcv or delegate ; and if any person shall, after his election as a senator or delegate, be elected to Congress, or be appointed to any office, civil or military, under the government of the United States, his accep- tance thereof shall vacate his seat. 11. No minister or preacher of the Gospel, of any 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. 12. Each house shall be judge of the qualifications and elections of its members, subject to the laws of the State — appoint its own officers, determine the rules of its own proceedings, punish a mem- ber for disorderly or disrespectful behavior, and with the consent of two-thirds, expel a member; but no member shall be expelled a second time for the same offence. 13. A majority of 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 meml:)ers in such man- ner and under such penalties as each house may prescribe. 14. The doors of each house and of committees of the whole shall be open, except when the business is such as ought to be kept secret. 15. 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 Delegates, or one in the Senate, be entered on the journal. 16. 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 house shall be sitting, without the concurrent vote of two-thirds of the members present. 17. 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 Legislature shall embrace but one subject, and that shall be described in the title, and no law or section of law shall be revived, amended or repealed by reference to its title or section only ; and it shall be the duty of the Legislature, at the first session after the adoption of this Consti- tution, to appoint two commissioners learned in the law, to revise and codify the laws of this State ; and the said commissioners shall report the said code, so formed, to the Legislature, within a time to be by it determined for its approval, amendment, or rejection ; and, if adopted after the revision and codification of the said laws, it shall be the duty of the Legislature, in amending any article or section thereof, to enact the same as the said article or section would read MARYLAND. 233 when amended. And whenever the Legislature shall enact any- public general law, not amendatory of any section or article in the said code, it shall he the duty of the Legislature to enact the same in articles and sections, in the same manner as the said code may be arranged ; and. to provide for the publication of all additions and. alterations which may be made to the said code, and it shall also be the duty of the Legislature to appoint one or more commissioners learned in the law, whose duty it shall be to revise, simplify, and abridge the rules of practice, pleadings, forms of conveyancing, and proceedings of the courts of record, in this State. 18. Any bill may originate in either house of the General Assembly, and be altered, amended or rejected by the other, but no bill shall originate in either house during the last three days of the session, or become a law, until it be read on three different days of the session in each house, unless three-fourths of the members of the house, where such bill is pending, shall so determine. 19. No bill shall become a law unless it be passed in each house by 84 majority of the whole number of members elected, and on its final passage the ayes and noes be recorded. 20. No money shall be drawn from the treasury of the State, except in accordance with an appropriation made by law, and every such. law shall distinctly specify the sum appropriated, and the object to which it shall be applied, provided that nothing herein contained shall prevent the Legislature from placing a contingent fund at the disposal of the Executive, who shall report to the Legislature 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 General Assembly. 21. No divorce shall be granted by the General Assembly. 22. No debt shall hereafter be contracted by the Legislature, 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 the interest thereon shall be fully discharged, and the amount of debts so contracted and remaining mipaid shall never exceed one hundred thousand dollars. 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 General Assembly have the power, in any mode, to involve the State in the construction of works of internal improvement, or in any enterprise which shall. involve the faith or credit of the State, or make any appropriations therefor. 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 234 CONSTITUTION OJ" are fully paid, or the sinking fund shall be equal to the amount of the outstanding debt ; but the Legislature 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 defence of the State. 23. No extra compensation shall be granted or allowed by the General Assembly to any public officer, agent, servant or con- tractor, after the services shall have been rendered or the contract entered into. Nor shall the salary or compensation of any public officer be increased or diminished during his term of office. 24. No Senator or Delegate, after qualifying as such, shall, during the term 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, or shall, during said term, hold any office or receive the salary or profits of any office, under the appoint- ment of the Executive or Legislature. 25. Each house may punish by imprisonment, during the session of the General Assembly, any person not a member, for disrespect- ful 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. 26. The members of each house shall, in all cases, except treason, felony, or other criminal oflence. be privileged from arrest during their attendance at the session of the General Assembly, and in going to and returning from the same, allowing one day for every thiity miles such member may reside from the place at which the General Assembly is convened. 27. No Senator or Delegate shall be liable, in any civil action or criminal prosecution whatever, for words spoken in debate. 28. The House of Delegates may inquire, on the oath of wit- nesses, into all complaints, grievances and offences, as the Grand Inquest of the State, and may commit any person for any crime to the public jail, there to remain until discharged by due course of law — they may examine and pass all accounts of the State, relating either in the collection or expenditure of the revenue, and appoint auditors 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 necessary in the course of their inquiries concerning affairs relating to the public interest, and may direct all office bonds which shall ije made payable to the State, to be sued for any breach of duty. 29. In t ase 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 dele- gate or senator, or m case of a tie between two or more such quali- fied 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 MARYLAND. 235 be, for the election of another person m 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 in case of such resignation or refusal to act, being communicated in writing, to the Governor, by the person making it, or if such death occur during the legislative recess and more than ten days before its ter- mination, it shall be the duty of the Governor to issue a warrant of election to supply the vacancy thus created in the same manner that the said Speaker or President might have done during the session of the Legislature ; 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. 30. The Senators and delegates shall receive a per diem of four dollars, and such mileage as may be allowed by law, and the pre- siding officer of each house shall be allowed an addition of one dollar per day. 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 or be distributed among them, at the public expense. 31. No law passed by the General Assembly shall take eifect 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 law shall be passed creating the office of Attorney-Gen- eral. 33. The General Assembly shall have full power to exclude from the privilege of voting at elections, or of holding any civil or mili- tary office in this State, any person who may thereafter be convicted of perjury, bribery, or other felony, unless such person shall have been pardoned by the Executive. 34. Every bill, when passed by the General Assembly, and sealed with the Great Seal, shall be presented to the Governor, who shall sign the same in the presence of the presiding officers and chief clerks of the Senate and House of Delegates. Every law shall be recorded in the office of the Court of Appeals, and in due time be printed, published and certified under the Great Seal to the several courts in the same manner as has been heretofore usual in this State. 35. No person who may hereafter be a collector, receiver or holder of public moneys, 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. 36. Any citizen of this State who shall, afi;er 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 second, or knowingly aid or assist in any manner those thus offend- ing, shall ever thereafter be incapable of holding any office of trust or profit under this State. 236 CONSTITUTION OF, 37. No lottery grant shall ever hereafter be authorized by the Legislature. 38. The General Assembly shall pass laws necessary to protect the property of the wife from the debts of the husband during her life, and for securing the same to her issue after her death. 39. Laws shall be passed by the Legislature to protect from execution a reasonable amount of the property of a debtor, not exceeding in value the sum of five hundred dollars. 40. The Legislature shall, at its first session after the adoption of this Constitution, adopt some simple and uniform system of charges in the offices of clerks of courts and registers of wills in the coun* ties of this State and the city of Baltimore, and for the collection thereof; provided, the amount of compensation to any of said officers shall not exceed the sum of twenty-five hundred dollars a year, over and above office expenses, and compensation to assistants ; and provided, further, that such compensation of clerks, registers, assistants, and office expenses, shall always be paid out of the fees or receipts of the offices respectively. 41. The House of Delegates shall have the sole power of im- peachment in all cases, but a majority of all the members must concur in an impeachment ; all impeachments shall be tried by the Senate, and when sitting for that purpose they shall be on oath or affirmation to do justice according to the law and evidence, but no person shall be convicted without the concurrence of two-thirds of all the senators. 42. That it shall be the duty of the Legislature so soon as the public debt shall have been fully paid oflf, to cause to be transferred to the several counties and the city of Baltimore, stock in the inter- nal improvement companies, equal to the amount respectively paid by each towards the erection and completion of said works, at the then market value of said stock. 43. The Legislature shall not pass any law abolishing the relation of master or slave, as it now exists in this State. 44. No person shall be imprisoned for debt. 45. The Legislature hereafter shall grant no charter for banking purposes, or renew any banking corporation now in existence, except upon the condition that the stockholders and directors shall be liable to the amount of their respective share or shares of stock in such banking institution for all its debts and liabilities upon note, bill or otherwise ; and upon the further condition that no director or other officer of said corporation shall borrow any money from said cor- poration ; and if any director or other officer shall be convicted upon indictment of directly or indirectly violating this article, he shall be punished by fine or imprisonment at the discretion of the Court. All banks shall be open to inspection of their books, papers and ac- counts, under such regulations as may be prescribed by law. 46. The Legislature shall enact no law authorizing private pro- perty to be taken for public use without just compensation as agreed MARYLAND. 237 upon between the parties or awarded by a jury, being first paid or tendered to the party entitled to such compensation. 47. Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the Legislature, the object of the corporation cannot be attained under general laws. All laws and special acts pursuant to this section may be altered from time to time, or repealed ; provided nothing herein contained shall be con- strued to alter, change or amend in any manner the article in rela- tion to Banks. 48. The Legislature shall make provision for all cases of con- tested elections of any of the officers not herein provided for. 49. That the rate of interest in this State shall not exceed six per cent, per annum, and no higher rate shall be taken or demanded, and the Legislature shfril provide, by law, all necessary forfeitures and penalties against usury. ARTICLE IV. — Judiciary Department. Sec. \. The Judicial power of this State shall be vested in a Court of Appeals, in Circuit Courts, in such Courts for the city of Baltimore as may be hereinafter prescribed, and in Justices of the Peace. 2. The Court of Appeals shall have appellate jurisdiction only, which shall be co-extensive with the limits of the State. It shall consist of a chief justice and three associate justices, any three of whom shall form a quorum, whose judgment shall be final and con- clusive in all cases of appeals ; and who shall have the jurisdiction which the present Court of Appeals of this State now has, and such other appellate jurisdiction as hereafter may be provided for by law. And in every case decided, an opinion, in writing, shall be filed, and provision shall be made, by law, for publishing reports of cases argued and determined in the said court. The Governoi', for the time being, by and with the advice and consent of the Senate, shall designate the chief justice, and the Court of Appeals shall hold its sessions at the city of Annapolis, on the first Monday of June, and the fi]-st Monday of December, in each and every year. 8. The Court of Appeals shtill appoint its own clerk, who shall hold his office for six years, and may be re-appointed at the end thereof; he shall be subject to removal by the said court for incom- petency, neglect of duty, misdemeanor in office, and for such other c-auses as may be prescribed by law. 4. The State shall be divided into four Judicial districts : Alle- gany, Washington, Frederick, Carroll, Baltimore, and Harford counties, shall compose the first ; Montgomery, Howard, Anne Arundel, Calvert, St. Mary's, Charles and Prince George's, the second ; Baltimore city, the third ; and Cecil, Kent, Queen Anne's, Talbot, Caroline, Dorchester, Somerset, and Worcester, shall com- pc««e the fourth district. And one person from among those learned 238 CONSTITUTION OP in the law, having been admitted to practice in this State, and who shall have been a citizen of this State at least five years, and above the age of thirty years at the time of his election, and a resident of the judicial district, shall be elected from each of said districts by the legal and qualified voters therein, as a judge of the said Court of Appeals, who shall hold his office for the term of ten years from the time of his election, or until he shall have attained the age of seventy years, whichever may first happen, and be re-eligible thereto until he shall have attained the age of seventy years, and not after, subject to removal for incompetency, wilflil neglect of duty, or mis- behavior in office, on conviction in a court of law, or by the Gover- nor upon the address of the General Assembly, two-thirds of the members of each house concurring in such address ; and the salary of each of the Judges of the Court of Appeals shall be two thousand five hundred dollars annually, and shall not be increased or dim- inished during their continuance in office ; and no fees or perquisites of any kind, shall be allowed by law to any of the said judges. 5. No Judge of the Court of Appeals shall sit in any case wherein he may be interested, or where either of the parties may be con- nected with him by affinity or consanguinity within such degrees as may be prescribed by law, or when he shall have been of counsel in said case ; when the Court of Appeals, or any of its members shall be thus disqualified to hear and determine any case or cases in said court, so that by reason thereof no judgment can be rendered in said court, the same shall be certified to the Governor of the State, who shall immediately commission the requisite number of persons learned in the law for the trial and determination of said case or cases. 6. All Judges of the Court of Appeals, of the Circuit Courts, and of the Courts for the city of Baltimore, shall, by virtue of their offices, be conservators of the peace throughout the State. 7. All public commissions and grants shall run thus : " The State of Maryland," &c., and shall be signed by the Governor, with the seal of the State annexed ; all writs and process shall run in the same style, and be tested, sealed and signed as usual ; and all in- dictments shall conclude " against the peace, government and dignity of the State." 8. The State shall be divided into eight Judicial Circuits, in man- ner and form following, to wit: St. Mary's, Charles and Prince George's counties shall be the first ; Anne Arundel, Howard, Cal- vert and Montgomery counties shall be the second ; Frederick and Carroll counties shall be the third ; Washington and Allegany coun- ties shall be the fourth; Baltimore city shall be the fifth; Baltimore, Harford and Cecil counties shall be the sixth ; Kent, Queen Anne's, Talbot and Caroline counties shall be the seventh ; and Dorchester, Somerset and Worcester counties shall be the eighth ; and there shall be elected, as hereinafter directed, for each of the said Judicial Cir- cuits, except the fifth, one person from among those learned in the MARYLAND, 239 law, having been admitted to practice in this State, and who shall have been a citizen of this State at least five years, and above the age of thirty years at the time of his election, and a resident of the Judicial Circuit to be Judge thereof; the said Judges shall be styled Circuit Judges, and shall respectively hold a term of their courts at least twice in each year, or oftener if required by law, in each county composing their* respective circuits ; and the said courts shall be called Circuit Courts for the county in which they may be held, and shall have and exercise in the several counties of this State, all the power, authority and jurisdiction which the county courts of this State now have and exercise, or which may hereafter be prescribed by law, and the said Judges in their respective circuits, shall have and exercise all the power, authority and jurisdiction of the present Court of Chancery of Maryland ; provided, nevertheless, that Bal- timore county court may hold its sittings within the limits of the city of Baltimore, until provision shall be made by law for the loca- tion of a county seat within the limits of the said county proper, and the erection of a court-house and all other appropriate buildings, for the convenient administration of justice in said court. 9. The Judges of the several judicial circuits shall be citizens of the United States, and shall have resided five years in this State^ and two years in the judicial circuit for which they may be respec- tively elected, next before the time of their election, and shall reside therein while they continue to act as Judges ; they shall be taken from among those who, having the other qualifications herein pre- scribed, are most distinguished for integrity, wisdom and sound legal knowledge, and shall be elected by the qualified voters of the said circuits, and shall hold their offices for the term of ten years, removable for mrsbehavior, on conviction in a court of law or by the Governor, upon the address of the General Assembly, provided that two-lhirds of the members of each house shall concur in such address, and the said Judges shall each receive a salary of two thousand dollars a-year, and the same shall not be increased or diminished during the time of their continuance in office ; and no judge of any court in this State, shall receive any perquisite, fee, commission or reward, in addition thereto, for the performance of any judicial duty. 10. There shall be established for the city of Baltimore one court of law, to be styled " the Court of Common Pleas," which shall have civil jurisdiction in all suits where the debt or damage claimed shall be over one hundred dollars, and shall not exceed five hundred dol- lars ; and shall, also, have jurisdiction in all cases of appeal from the judgment of justices of the peace in the said city, and shall have jurisdiction in all applications for the benefit of the insolvent laws of this State, and the supervision and control of the trustees thereof 11. There shall also be established, for the city of Baltimore, another court of law, to be styled the Superior Court of Baltimore city, which shall have jurisdiction over all suits where the debt or 240 CONSTITUTION OF damage claimed shall exceed the sum of five hundred dollars, and in case any plaintiff or plaintifls shall recover less than the sum or value of five hundred dollars, he or they shall be allowed or adjudged to pay costs in the discretion of the court. The said court shall also have jurisdiction as a court of equity within the limits of the said city, and in all other civil cases which have not been here- tofore assigned to the Court of Common PTeas. 12. Each of the said two courts shall consist of one Judge, who shall be elected by the legal and qualified voters of the said city, and shall hold his office for the term of ten years, subject to the pro- visions of this Constitution, with regard to the election and qualifi- cation of Judges and their removal from office, and the salary of each of the said Judges shall be twenty-five hundred dollars a-year ; and the Legislature shall, whenever it may think the same proper and expedient, provide, by law, another court for the city of Bal- timore, to consist of one Judge to be elected by the qualified voters of the said city, who shall be subject to the same constitutional pro- visions, hold his office for the same terra of years, and receive the same compensation as the Judge of the Court of Common Pleas of the said city, and the said court shall have such jurisdiction and powers as may be prescribed by law. 13. There shall also be a criminal court for the city of Baltimore, to be styled the Criminal Court of Baltimore, which shall consist of one Judge, who shall also be elected by the legal and qualified voters of the said city, and who shall have and exercise all the jurisdiction now exercised by Baltimore city court, and the said Judge shall receive a salary of two thousand dollars a-year and shall be subject to the provisions of this Constitution with regard to the election and qualifications of Judges, term of office, and removal therefrom. 14. Thei-e shall be in each county a clerk of the Circuit Coui't, who shall be elected by the qualified voters of each county, and the per- son receiving the greatest number of votes shall be declared and returned duly elected clerk of said Circuit Court for the said county, and shall hold his office for the term of six years from the time of his election, and until a new election is held; shall be re-eligible thereto, and subject to removal for wilful neglect of duty, or other misdemeanor in office, on conviction in a court of law. There shall also be a clerk of the Court of Common Pleas in Baltimore city, and a clerk of the Superior Court of Baltimore city, and there shall also be a clerk of the Criminal Court of Baltimore city, and each of said clerks shall be elected as aforesaid by the qualified voters of the city of Baltimore, and shall hold his office for six jedA's from the time of his election, and until a new election is held, and be re- eligible thereto, subject, in like manner, to be removed for wilful neglect of duty or other misdemeanor in office, on conviction in a court of law. In case of a vacancy in the office of a clerk, the Judge or Judges of the court, of which he was clerk, shall have the power MARYLAND. 241 to appoint a clerk until the general election of delegates held next thereafter, when a clerk shall be elected to fill such vacancy. 15. The clerk of the Court of Common Pleas for Baltimore city, shall have authority to issue within the said city, all marriage and other licenses required by law, subject to such provisions as the Legislature shall hereafter prescribe ; and the clerk of the Superior Court for said city, shall have the custody of all deeds, conveyances, and other papers now remaining in the office of the clerk of Balti- more county court, and shall hereafter receive and record all deeds, conveyances, and other papers which are required by law to be re- corded in said city. He shall also have the custody of all other papers connected with the proceedings on the law or equity side of Baltimore county court, and of the dockets thereof, so far as the same have relation to Baltimore city. 16. That the clerk of the Court of Appeals, and the clerks of the Circuit Courts in the several counties, shall respectively perform all the duties and be entitled to the fees which appertain to the offices of the clerks of Court of Appeals for the Eastern and Western Shores and of the clerks of County Courts, and the clerks of the Court of Common Pleas, the Superior Court, and the Criminal Court for Baltimore city, shall perform all the duties appertaining to their respective offices, and heretofore vested in the clerks of Baltimore County County Court and Baltimore City Court respectively, and be entitled to all the fees now allowed by law ; and all laws relat- ing to the clerks of Court of Appeal, clerks of the several County Courts and Baltimore City Court, shall be applicable to the clerks respectively of the clerk of Court of Appeals, the Circuit Courts, the Court of Common Pleas, the Superior Court, and the Criminal Court of Baltimore city, until otherwise provided by law ; and the said clerks, when duly elected and qualified according to law, shall have the charge and custody of the records and other papers belong- ing to their respective offices. 17. The qualified voters of the city of Baltimore, and of the several counties of the State, shall, on the first Wednesday of No- vember, eighteen hundred and fifty-one, and on the same day of the same month in every fourth year forever thereafter, elect three men to be Judges of the Orphans' Court of said city and counties respec- tively, who shall be citizens of the State of Maryland, and citizens of the city or county for which they may be severally elected at the time of their election. They shall have all the powers now vested in the Orphans' Courts of this State, subject to such changes therein as the Legislature may prescribe, and each of said Judges shall be paid at a per diem rate, for the time they are in session, to be fixed by the Legislature, and paid by the said counties and city re- spectively. 18. There shall be a Register of Wills in each county of the State, and in the city of Baltimore, to be elected by the legal and qualified voters of said counties and city respectively, who shall hold his 242 CONSTITUTION OF office for six years from the time of his election, and until a new election shall take place, and be re-eligible thereto, subject to be re- moved for wilful neglect of duty, or misdemeanor in office, in the same manner that the clerks of the county courts are removable. In the event of any vacancy in the office of Register of Wills, said vacancy shall be filled by the Judges of the Orphans' Court until the general election next thereafter for Delegates to the General Assembly, when a Register shall be elected to fill such vacancy. 19. The Legislature at its first session after the adoption of this Constitution, shall fix the number of Justices of the Peace and Con- stables for each ward of the city of Baltimore, and for each election district in the several counties, who shall be elected by the legal and qualified voters thereof respectively, at the next general elec- tion for delegates thereafter, and shall hold their offices for two years from the time of their election, and until their successors in office are elected and qualified ; and the Legislature may, from time to time, increase or diminish the number of Justices of the Peace and Constables to be elected in the several wards and election dis- tricts, as the wants and interests of the people may require. They shall be, by virtue of their offices, conservatoi's of the peace in the said counties and city respectively, and shall have such duties and compensation as now exist, or may be provided for by law. In the event of a vacancy in the office of a Justice of the Peace, the Go- vernor shall appoint a person to serve as Justice of the Peace, until the next regular election of said officers, and in case of a vacancy in the office of Constable, the County Commissioners of the county, in w^hich a vacancy may occur, or the Mayor and City Council of Balti- more, as the case may be, shall appoint a person to serve as Con- stable until the next regular election thereafter for said officers. An appeal shall lie in all civil cases from the judgment of a Justice of the Peace to the Circuit Court, or to the Court of Common Pleas of Baltimore city, as the case may be, and on all such appeals, either party shall be entitled to a trial by jury, according to the laws now existing, or which may be hereafter enacted. And the Mayor and City Council may provide, by ordinance, from time to time, for the creation and government of such temporary additional police, as they may deem necessary to preserve the public peace. 20. There shall be elected in each county and in the city of Balti- more, every second year two persons for the office of sheriff" for each county, and two for the said city, the one of whom having the highest number of votes of the qualified voters of said county or city, or if both have an equal number, either of them, at the discre- tion of the Governor, to be commissioned by the Governor for the said office, and, having served for two years, such person shall be ineligible for the two years next succeeding ; bond with security, to be taken every year, and no sheriff" shall be qualified to act before the same be given. In case of death, refiisal, disqualification or re- moval out of the county, before the expiration of the said two years, MARYLAND. a24:2 the other person chosen as aforesaid, shall be commissioned by the Governor to execute the said office for the residue of the said two years, the said person giving bond with security as aforesaid. No person shall be eligible to the office of sheriff but a resident of such county or city respectively, who shall have been a citizen of this State at least five years preceding his election, and above the age of twenty-one years. The two candidates, properly qualified, having the highest number of legal ballots, shall be declared duly elected for the office of sheriff for such county or city, and returned to the Governor, with a certificate of the number of ballots for each of them. 21. Coroners, Elisors and Notaries Public shall be appointed for each county and the city of Baltimore, in the manner now prescribed by law, or in such other manner as the General Assembly may hereafter direct. 22. 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 may be prescribed by law, or where he shall have been of counsel in the case ; and whenever any of the judges of the circuit courts, or of the courts for Baltimore city, shall be thus disqualified, or whenever, by reason of sickness, or any other cause, the said judges, or any of them, may be unable to sit in any cause, the parties may, by consent, appoint a proper person to try the said cause, or the judges, or any of them, shall do so when directed by law. 23. The present Chancellor and the Register in Chancery, and, in the event of any vacancy in their respective offices, their successors in office respectively, who are to be appointed as at present, by the Governor and Senate, shall continue in office, with the powers and compensation as at present established, until the expiration of two years after the adoption of this Constitution by the people, and until the end of the session of the Legislature next thereafter, after which the said offices of Chancellor and Register shall be abolished. The Legislature shall, in the mean time, provide by law for the record- ing, safe-keeping, or other disposition, of the records, decrees, and other proceedings of the Court of Chancery, and for the copying and attestation thereof, and for the custody and use of the Great Seal of the State, when required, after the expiration of the said two years, and for transmitting to the said counties, and to the city of Balti more, all the cases and proceedings in said Court then undisposed of and unfinished, in such manner, and under such regulations as may be deemed necessary and proper : Provided, that no new business shall originate in the said Court, nor shall any cause be removed to the same from any other court, from and after the ratification of this Constitution. 24. The first election of Judges, Clerks, Registers of Wills, and all other officers, whose election by the people is provided for in this article of the Constitution, except justices of the peace and con- 242& CONSTITUTION OP stables, shall take place throughout the State on the first Wednes- day of November next after the ratification of this Constitution by the people, 25. In case of the death, resignation, removal, or other disqualifi- cation of a judge of any of the courts of law, the Governor, by and with the advice and consent of the Senate, shall thereupon appoint a person, duly qualified, to fill said office until the next general elec- tion for delegates thereafter ; at which time an election shall be held as hereinbefore prescribed, for a judge, who shall hold the said office for ten years, according to the provisions of this Constitution. 26. In case of the death, resignation, removal, or other disqualifi- cation of the judge of an Orphans' Court, the vacancy shall be filled by the appointment of the Governor, by and with the advice and consent of the Senate. 27. Whenever lands lie partly in one county, and partly in another, or partly in a county and partly in the city of Baltimore, or whenever persons proper to be made defendants to proceedings in Chancery, reside some in one county and some in another, that court shall have jurisdiction in which proceedings shall have been first commenced, subject to such rules, regulations and alterations as may be prescribed by law. 28. In all suits or actions at law, issues from the Orphans' Court or from any court sitting in equity, in petitions for freedom, and in all presentments and indictments now pending, or which may be pending at the time of the adoption of this Constitution by the people, or which may be hereafter instituted in any of the courts of law of this State, having jurisdiction thereof, the judge or judges thereof, upon suggestion in writing, if made by the State's Attorney, or the prosecutor for the State, or upon suggestion in writing, supported by affidavit, made by any of the parties thereto, or other proper evidence, that a fair and impartial trial cannot be had in the court where such suit or action at law, issues or petitions, or presentment and indictment is depending, shall order and direct the record of proceedings in such suit or action, issues or petitions, presentment or indictment, to be transmitted to the court of any adjoining county ; provided, that the removal in all civil causes be confined to an adjoining county within the judicial circuit, except as to the city of Baltimore, where the removal may be to an adjoining county, for trial, which court shall hear and determine the same in like manner as if such suit or action, issues or petitions, pre- sentment or indictment, had been originally instituted therein; and provided also, that such suggestion shall be made as afore- said, before or during the term in which the issue or issues may be joined in said suit or action, issues or petition, presentment or indictment, and that such further remedy in the premises may be provided by law, as the Legislature shall from time to time direct and enact. 29. All Election of judges, and other officers provided for by MARYLAND. c242 this Constitution, shall be certified, and the returns made by the clerks of the respective counties to the Governor, -who shall issue commissions to the different persons for the offices to which they shall have been respectively elected ; and in all such elections, the person having the greatest number of votes, shall be de- clared to be elected. 30. If in any case of election for Judges, Clerks of the Courts of Law and Registers of Wills, the opposing candidates shall have an equal number of votes, it shall be the duty of the Go- vernor to order a new election ; and in case of any contested elec- tion, the Governor shall send the returns to the House of Delegates, who shall judge of the election and qualification of the candidates at such election. 31. Every person of good moral character, being a voter, shall be admitted to practice law in all the courts of law in this State, in his own case. ARTICLE Y.—The State's Attorneys. Sec. 1. 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 first Wednesday of November next, and on the same day every fourth year thereafter, and hold his office for four years from the first Mon- day of 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, wilful neglect of duty or misdemeanor in office, on conviction in a court of law. 2. 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 qualifications 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 persons elected. 3. The State's Attorney shall perform such duties and receive such fees and commissions as are now j^rescribed by law for the Attorney General and his deputies, and such other duties, fees and commissions as 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 conviction thereof, be re- moved from office. 4. No person shall be eligible to the office of "State's A ttorney who has not been admitted to practice the law in this State, and who has not resided for at least one year in the county or city in which he may be elected. 5. 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 before specified, the said vacancy 24:2d CONSTITUTION OF shall be filled by the Judge of the county or city, respectively, having criminal jurisdiction in which said vacancy shall occur, until the election and qualification of his successor ; at which election said vacancy shall be filled by the voters of the said county or city, for the residue of the term thus made vacant. 6. It shall be the duty of the clerk of the Court of Appeals, and the Commissioner of the Land Office, respectively, whenever a case shall be brought into said court or office, in which the State is a party, or has an interest, immediately to notify the Governor thereof. ARTICLE VI. — Treasury J)epartment. Sec. 1. There shall be a Treasury Department, consisting of a Comptroller, chosen by the qualified electors of the State, at each election of members of the House of Delegates, who shall receive an annual salary of two thousand five hundred dollars ; and of a treasurer, to be appointed by the two Houses of the Legislature, at each session thereof, on joint ballot, who shall also receive an annual salary of two thousand five hundred dollars ; and neither of the said officers shall be allowed or receive any fees, commissions, or pei'- quisites of any kind, in addition to his salary, for the performance of any duty or service whatever. 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- ment, to continue until another election by the people, or a choice by the Legislature, as the case may be, and the qualification of the successor. The Comptroller and the Treasurer shall keep their offices at the seat of Government, and shall take such oath, and enter into such bonds, for the faithful discharge of their duties, as the Legislature shall prescribe. 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 expenditure of the State : superintend and enforce the collection of all taxes and revenue ; adjust, settle and preserve all public ac- counts ; decide on the forms of keeping and stating accounts ; grant, under regulations prescribed by law, all warrants for moneys to be paid out of the Treasury, in pursuance of appropriations bylaw; prescribe the formalities of the transfer of stock or other evidences of the State debt ; and countersign the same, without which such evidences shall not be valid ; he shall make full reports of all his proceedings, and of the state of the Treasury Department within ten days after the commencement of each session of the Legislature, and perform such other duties as shall be prescribed by law. 3. The Treasurer shall receive and keep the moneys of the State, and disburse the same upon warrants drawn by the Comptroller, and not otherwise ; he shall take receipts for all moneys paid by MARYLAND. 6 242 him, and all receipts for moneys received by him shall be endorsed upon warrants signed by the Comptroller, without which warrant, so signed, no acknowledgment of money received into the Treasury shall be valid ; and upon warrants issued by the Comptroller he shall make arrangements for the payment of the interest of the pub- lic 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 Comp- troller, and no new certificate or other evidence intended to replace another shall be issued until the old one shall be delivered to the Treasurer, and authority executed in due form for the transfer of the same shall be filed in his office, and the transfer accordingly made on the books thereof, and the certificate or other evidence cancelled ; but the Legislature may make provision for the loss of certificates or other evidence of the debt. 4. The Treasurer shall render his accounts quarterly to the Comp- troller ; and on the third day of each 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 Comp- troller, the inspection of the moneys in his hands, and perform all other duties that shall be prescribed by law. ARTICLE Yll.— Sundry Officers. Sec. 1. At the first general election of Delegates to the General Assembly, after the adoption of this Constitution, four Commis- sioners shall be elected as hereinafter provided, who shall be styled " Commissioners of Public Works," and who shall exercise a dili- gent and faithful supervision of all public works, in which the State may be interested as stockholder or creditor, and shall represent the State in all meetings of the stockholders, and shall appoint the Directors in every Rail Road or Canal Company, in which the State has the constitutional power to appoint Directors. It shall also be the duty of the Commissioners of Public Works to review, from time to time, the rate of tolls adopted by any company ; use all legal powers which they may .possess to obtain the establish- m.ent of rates of tolls, which may prevent an injurious competir ti(5n with each other, to the detriment of the interests of the State ; and so to adjust them as to promote the agriculture of the State. It shall also be the duty of the said Commissioners of Public Works to keep a journal of their proceedings ; and at each regular session of the Legislature to make to it a report, and to recom- mend such legislation as they shall deem necessary and requisite to promote or protect the interest of the State in the Public Works ; and perform such other duties as may be prescribed by law. They shall each receive such salary as may be allowed by law, which shall not be increased or diminished during their continuance in office. 242/* CONSTITUTION OF 2. Eor the election of the Commissioners of Public Works, the State shall be divided into four districts. The counties of Allegany, Washington, Frederick, Carroll, Baltimore and Harford, shall con- stitute the first district. The counties of Montgomery, Howard, Anne Arundel, Calvert, St. Mary's, Charles and Prince George's, shall constitute the second district. Baltimore city shall constitute the third district. The counties of Cecil, Kent, Queen Anne's, Tal- bot, Caroline, Dorchester, Somerset, and Worcester, shall constitute the fourth district. One commissioner shall be elected in each dis- trict, who shall have been a resident thereof at least five years next preceding his election. 3. The said Commissioners shall be elected by the qualified voters of their districts respectively ; the returns of their election shall be certified to the Governor, who shall, by proclamation, declare the result of the election. Two of the said commissioners, first elected, shall hold their office for four years, and the other two for two years from the first Monday of December next succeeding their election. And at the first meeting after their election, or as soon thereafter as practicable, they shall determine, by lot, who of their number shall hold their offices for four and two years respectively ; and thereafter there shall be elected as aforesaid, at each general election of Dele- gates, two commissioners for the tei'm of four years, to be taken from the districts respectively wherein the commissioners resided at the time of their election, whose term of service has expired. And in case of a vacancy in the office of either of said commissioners, by death, resignation, or otherwise, the Governor, by and with the ad- vice and consent of the Senate, shall appoint some qualified person from the same district, to serve until the next general election of Delegates, when an election shall be held, as aforesaid, for a com- missioner for the residue of said term. And in case of an equal division in the Board of Commissioners, on any subject committed to their charge, the Treasurer of the State shall have power, and shall be called on to decide the same. And in the event of a tie vote for tiny two of the candidates for the office of commissioner in the same district, it shall be the duty of the Governor to commission one or the other of the candidates having the equal number of votes. And if the Governor doubt the legality or result of any election held for said commissioners, it shall be his duty to send the returns of such election to the House of Delegates, who shall judge of the election and qualification of the candidates at such election. 4. During the continuance of the lottery system in this State, there shall be elected by the legal and qualified voters of the State, at every general election for delegates to the General Assembly, one Commissioner of Lotteries, who shall hold his office for two years, and till the qualification of his successor, and shall be re-eligible. His whole compensation shall be paid out of the fund raised for the Maryland Consolidated Lottery grants, and shall not exceed tha amount of commissions received by one of the present Lottery Com MARYLAND. g 242 missioners, out of said fund ; and he shall give such bond, for the faithful performance of his duties as is now given by the Lottery Commissioners. The term of the Commissioner, who shall be elected at the general election for Delegates next succeeding the adoption of this Constitution, shall commence at the expiration of the commissions of the present Lottery Commissioners, and conti- nue for two years, and till the qualification of his successor. 5. From and after the first day of April, eighteen hundred and fifty-nine, no lottery scheme shall be drawn, for any purpose what- ever, nor shall any lottery ticket be sold in this State ; and it shall be the duty of the several commissioners elected under this Consti- tution, to make such contract or contracts as will extinguish all ex- isting lottery grants before the said first day of April, eighteen hun- dred and fifty-nine, and also secure to the State a clear yearly re- venue equal to the average amount derived by the State from the system for the last five years; but no such contract or contracts shall be valid until approved by the Treasurer and Comptroller. 6. There shall be a Commissioner of the Land OflBce elected by the qualified voters of the State, at the first general election of De- legates to the Assembly after the ratification of this Constitution, who shall hold his office for the term of six years from the first day of January next after his election. The returns of said election shall be made to the Governor, and m the event of a tie between any two or more candidates, the Governor shall direct a new elec- tion to be held by writs to the several sherifts, who shall hold said election after at least twenty days notice, exclusive of the day of election. The said Commissioner shall sit as judge of the Land Office, and receive therefore the sum of two hundred dollars per annum, to be paid out of the State Treasury. He shall also per- form the duties of the Register of the Land Office, and be entitled to receive therefore the fees now chargeable in said office ; and he shall also perform the duties of Examiner General, and be entitled to receive therefore the fees now chargeable by said officer. The office of Register of the Land Ofl^ce and Examiner General shall be abolished from and after the election and qualification of the Com- missioner of the Land Office. 7 The State Librarian shall be elected by the joint vote of the two branches of the Legislature, for two years, and until his suc- cessor shall be elected and qualified. His salary shall be one thou- sand dollars per annum. He shall perform such duties as are now or may hereafter be prescribed by law. 8. The county authorities now known as Levy Courts or County Commissioners, shall hereafter be styled " County Commissioners," and shall be elected by general ticket, and not by districts, by the voters of the several counties, on the first Wednesday in November, one thousand eight hundred and fifty-one, and on the same day in every second year thereafter. Said Commissioners shall exercise such powers and duties only as the Legislature may from time to 242 A CONSTITUTION OF time prescribe; but such powers and duties, and the tenure of office, shall be uniform throughout the State, and the Legislature shall, at or before its second regular session, after the adoption of this Constitution, pass such laws as may be necessary for determin- ing the number for each county, and ascertaining and defining the powers, duties, and tenure of office of said Commissioners ; and until the passage of such laws the Commissioners elected under this Con- stitution shall have and exercise all the powers and duties in their respective counties, now exercised by the county authorities under the laws of the State. 9. The General Assembly shall provide by law for the election of Road Supervisors, in the . several counties, by the voters of the election districts respectively, and may provide by law for the elec- tion or appointment of such other county officers as may be re- quired, and are not herein provided for, and prescribe their powers and duties ; but the tenure of office, their powers and duties, and mode of appointment, shall be uniform throughout the State. 10. The qualified voters of each county, and the city of Baltimore, shall, at the first election of delegates after the adoption of this Con- stitution, and every two years thereafter, elect a Surveyor for the counties, and the city of Baltimore respectively, whose duties and compensation shall be the same as are now prescribed by law for the county and city surveyors respectively, or as may hereafter be prescribed by law. The term of office of said county and city sur- veyors respectively, shall commence on the first Monday of January next succeeding their election. And vacancies in said office of sur- veyors, by death, resignation, or removal from their respective counties or city, shall be filled by the Commissioners of the coun- ties, or Mayor and City Council of Baltimore respectively. 11. The qualified voters of Worcester county shall, at the first election of delegates after the adoption of this Constitution, and every two years thereafter, elect a Wreck-Master for the said county, whose duties and compensation shall be the same as are now pres- cribed or may be hereafter prescribed by law. The term of office of said Wreck-Master shall commence on the first Monday of January next succeeding his election ; and a vacancy in said office, by death, resignation, or removal from the county, shall be filled by the county commissioners of said county, for the residue of the term thus made vacant. ARTICLE VIIL— iVew Counties. Sec. 1. That part of Anne Arundel county called Howard Dis- trict, is hereby erected into a new county, to be called Howard county, the inhabitants whereof shall have, hold and enjoy all such rights and privileges as are held and enjoyed by the inhabitants of the other counties in this State ; and its civil and municipal officers, at the time of the ratification of this Constitution, shall continue in office imtil their successors shall have been elected or appointed, MARYLAND. t 242 and shall have qualified as such ; and all rights, powers and obliga- tions incident to Howard District of Anne Arundel county shall attach to Howard county. 2. When that part of Allegany county, lying south and west of a line beginning at the summit of Big Back Bone or Savage Moun- tain, where that mountain is crossed by Mason and Dixon's line, and running thence by a straight line, to the middle of Savage river where it empties into the Potomac river, thence by a straight line, to the nearest point or boundary of the State of Virginia ; then with said boundary to the Fairfax stone, shall contain a population of ten thousand, and the majority of electors thereof shall desire to separate and form a new county, and make known their desire by petition to the Legislature, the Legislature shall direct at the next succeeding election, that the Judges shall open a book at each election district in said part of Allegany county, and have recorded therein the vote of each elector " For or Against" a new county. In case the ma- jority are in favor, then said part of Allegany county to be de- clared an independent county, and the inhabitants whereof shall have, and enjoy all such rights and privileges as are held and enjoyed by the inhabitants of the other counties in this State. Provided, that the whole representation in the General Assembly of the county, when divided, shall not exceed the present delegation of Allegany county, allowed under this Constitution until after the next census. ARTICLE IX.— Militia. Sec. 1. It shall be the duty of the Legislature to pass laws for the eni'olment of the Militia ; to provide for districting the State into Divisions, Brigades, Battalions, Regiments, and Companies, and to pass laws for the effectual encouragement of volunteer corps by some mode which may induce the formation and continuance of at least one volunteer company in every county and division in the city of Baltimore. The company, battalion, and regimental officers (staff officers excepted) shall be elected by the persons composing their several companies, battalions and regiments. 2. The Adjutant General shall be appointed by the Governor, by and with the advice and consent of the Senate. He shall hold his office for the term of six years, and receive the same salary as here- tofore, until changed by the Legislature. ARTICLE X. — Miscellaneous. Sec. 1. Every officer of this State, the Governor excepted, the entire amount of whose pay or compensation received for the dis- charge of his official duties shall exceed the yearly sum of three thousand dollars, shall keep a book, in which shall be entered every sum or sums of money received by him or on his account as a pay- ment or compensation 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 Trea- 242J CONSTITUTION OF surer of the State for his inspection and that of the General As- sembly of Maryland ; and each of such officers, when the amount received by him for the year shall exceed the sum of three thousand dollars, shall yearly pay over to the treasurer the amount of such excess by him received, subject to such disjDosition thereof as the Legislature may deem just and equitable. And any such officer failing to comply with the said requisition, shall be deemed t© have vacated his office, and be subject to suit by the State for the amount that ought to have been paid into the treasury. 2. The Legislature 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 office of the Go- vernment, and the duties imposed upon them thereby. 3. If in 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, unless in cases specially provided for by the Constitution. 4. The tiial by jury of all issues of fact in civil proceedings, in the several courts of law in this State, where the amount in con- troversy exceeds the sum of five dollars, shall be inviolably pre- served. 5. In the trial of all criminal cases the jury shall be the judges of law as well as fact. 6. The Legislature shall have power to regulate by law all mat- ters which relate to the judges, time, place and manner of holding elections in this State, and of making returns thereof, provided that the tenure and term of office, and the day of election shall not be affected thereby. 7. All rights vested, and all liabilities incurred shall remain as if this Constitution had not been adopted. 8. The Governor and all officers, civil and military, now holding commissions under this State shall continue to hold and exercise their offices, according to their present tenure, until they shall be superseded, pursuant to the provisions of this Constitution, and until their successors be duly qualified. 9. The sheriffs of the several counties of this State, and of the city of Baltimore, shall give notice of the several elections autho- rized by this Constitution, in the manner prescribed by existing laws for elections under the present Constitution. 10. This Constitution, if adopted by a majority of the legal votes cast on the first Wednesday of June next, shall go into operation on the fourth day of July next, and on and after said day shall super- sede the present Constitution of this State. AETICLE XI. — Amendment of the Constitution. It shall be the duty of the Legislature, at its first session imme- diately succeeding the returns of every census of the United States, hereafter taken, to pass a law for ascertaining, at the next general MARYLAND. A;242 election of Delegates, the sense of the people of Maryland in regard to the calling a Convention for altering the Constitution ; and in case the majority of votes cast at said election shall be in favor of calling a Convention, the Legislature shall provide for assembling such Convention, and electing Delegates thereto at the earliest con- venient day ; and the Delegates to the said Convention shall be elected by the several counties of the State and the city of Balti- more, in proportion to their representation respectively in the Senate and House of Delegates, at the time when said Convention may be called. VIRGINIA. Op the original thirteen colonies, this was the largest. It "was named Vir- ginia by Sir Walter Raleigh, in honor of Elizabeth, the Virgin Glueen of Eng- land, who had granted him the country. He attempted to settle it, but failed, a grant was made of it to the London Company as early as 1606. Soon after, they sent out three ships with one hundred and five persons to begin a settle- ment. They located themselves at Jamestown, on the James river, in 1607. These adventurers suffered much for want of provisions, and in four months from the time of their landing, fifty of their little compan}' had perished. In 1608, 120 new settlers arrived. In 1609, the London Company obtained a new charter, with greater power and privileges. When Charles 11. was in exile, Va. invited him to become her King, which was prevented by his returning to Eng- land ; hence Va. was called the old dominion. In 1619, the first legislative body ever held in America, met at Jamestown. As many had become dissatisfied, and contemplated returning to England, the London Company, in 1620, sent OTer more than ninety girls to be disposed of as wives among the young plant- ers. At first the price was 100 lbs. of tobacco each, but the demand was so great, that it was increased to 160 lbs. The infant colony suffered much from the Indians, and for want of provisions ; so that, in 1624, out of about 9000 persons who had come over, only 1800 were living. In 1624 King James dissolved the London Company, assumed the govern ment, and appointed a Governor. The colonists submitted reluctantly to this till 1636, when they took the government into their own hands, sending back to England the Governor appointed by the King. This State adopted its first Constitution in 1776, the second in 1830, the present one in 1851. Virginia has the honor of being the birth-place of six of the Presidents of the United States, viz. : Washington, Jefferson, Madison, Monroe, Harrison, and Tyler. Area, 64,000 sq. m. Pop. in 1850, 1,421,081, of which 473,026 are slaves. Free colored, 53,906. 244 CONSTITUTION OF BILL OF EIGHTS. [Passed Jone 12, IIIQ.] ADOPTED WITHOUT ALTERATION BY THE CONVENTION OF 1829-'30, AND RE-ADOPTED WITH AMENDMENTS BY THE CONVENTION OF 1850-'51. A Declaration of Rights made by the Representatives of the good peo- ple of Virginia^ assembled in full and free Convention, which rights do pertain to them and their posterity as the basis and foundation of government. 1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their pos- terity ; namely, the enjoyment of life and liberty, with the in cans of acquiring and possessing property, and pursuing and obtaining happiness and safety. 2. That all power is vested in, and consequently derived from the people ; that magistrates are their trustees and servants, and at all times amenable to them. 3. That government is, or ought to be instituted for the common benefit, protection and security of the people, nation or community ; of all the vaj'ious modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of mal-ad- ministration ; and that, when any government shall be found inade- quate or contrary to these purposes, a majority of the community hath an indubitable, unalienable and indefeasible right to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal. 4. That no man, or set of men are entitled to exclusive or sepa- rate emoluments or privileges from the community, but in conside- ration of public services, which, not being descendible, neither ought the offices of magistrate, legislator or judge to be hereditary. 5. That the legislative, executive and judicial powers should be separate and distinct ; and that the members thereof may be re- strained from oppression, by feeling and participating the burthens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain and regular elec- tions, in which all, or any part of the former members to be again eligible or ineligible, as the laws shall direct. 6. That all elections ought to be free, and that all men having sufficient evidence of permanent common interest with, and attach- ment to, the community, have the right of suffrage, and cannot be taxed or deprived of their property for public uses, without their own consent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the public good, 7. That all power of suspending laws, or the execution of laws, by VIRGINIA. 245 any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised. 8. That, in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty ; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty, except by the law of the land or the judgment of his peers. 9. That excessive bail ought not to be required, nor excessive fines imposed, nor ci'uel and unusual punishments inflicted. 10. That general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted. 11. That, in controversies respecting property, and suits between man and man, the ancient trial by jury of twelve men is preferable to any other, and ought to be held sacred. 12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments. 13. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free state ; that standing armies, in time of peace, should be avoided as dangerous to liberty ; and that in all cases the military should be under strict subordination to and governed by the civil power. 14. That the people have a right to uniform government ; and therefore, that no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof 15. That no free government, or the blessing of liberty, can be preserved to any people, but by a firm adherence to justice, mo- deration, temperance, frugality and virtue, and by a frequent recur- rence to fundamental principles. 16. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence ; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience ; and that it is the mutual duty of all to prac- tice christian forbearance, love and charity towards each other. CONSTITUTION. Whereas, the Delegates and Representatives c f the good people of "Virginia, in Convention assembled, on the twenty-ninth day of June, in the year of our Lord one thousand seven hundred and sev- enty-six: reciting and declaring, that whereas, George the Third, 18 246 CONSTITUTION OF king of Great Britain and Ireland and Elector of Hanover, before that time entrusted with the exercise of the kingly office in the government of Virginia, had endeavored to pervert the same into a detestable and insupportable tyranny, by putting his negative on laws the most wholesome and necessary for the public good; by denying his governors permission to pass laws of immediate and pressing import- ance, unless suspended in their operation for his assent, and when so suspended neglecting to attend to them for many years ; by refusing to pass certain other laws, unless the persons to be benefited by them would relinquish the inestimable right of representation in the legislature ; by dissolving legislative assemblies repeatedly and con- tinually, for opposing with manly firmness his invasions of the rights of the people ; when dissolved, hj refusing to call others for a long space of time, thereby leaving-the political system without any legis- lative head ; by endeavoring to prevent the population of our coun- try, and for that purpose obstructing the laws for the naturalization of foreigners ; by keeping among us, in time of peace, standing armies and ships of war ; by affecting to render the military independent of and superior to the civil power ; by combining with others to subject us to a foreign jurisdiction, giving his assent to their pre- tended acts of legislation, for quartering large bodies of armed troops among us, for cutting off our trade with all parts of the world, for imposing taxes on us without our consent, for depriving us of the benefits of the trial by jury, for transporting us beyond seas to be tried for pretended offences, for suspending our own legislatures and declaring themselves invested with power to legislate for us in all cases whatsoever ; by plundering our seas, ravaging our coasts, burn- ing our towns, and destroying the lives of our people ; by inciting insurrections of our fellow subjects with the allurements of forfeiture and confiscation; by prompting our negroes to I'ise in arms among us, those very negroes, whom by an inhuman use of his negative he had refused us permission to exclude by law ; by endeavoring to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions of existence ; by transporting hither a large army of foreign mercenaries, to complete the work' of death, desolation and tyranny, then already begun, with circumstances of cruelty and perfidy, unworthy the head of a civilized nation ; by answering our repeated petitions for redress with a repetition of inju- ries ; and finally, by abandoning the helm of government, and decla- ring us out of his allegiance and protection; b}'^ which several acts of misrule, the government of this country as before exercised under the crown of Great Britain, was totally dissc^ed : did, therefore, having maturely considered the premises, and viewing with great concern the deplorable condition to which this once happy country would be reduced, unless some regular adequate mode of civil polity shotild be speedily adopted, and in compliance with the recommen- VIRGINIA. 247 dation of the general Congress, ordain and declare a form of govern- ment of Virginia : And whereas, a Convention held on the first Monday in October, in the year one thousand eight hundred and twenty -nine, did propose to the people of the commonwealth an amended Constitution or form of government, which was ratified by them : And whereas, the General Assembly of Virginia, by an act passed on the fourth of March, in the year one thousand eight hundred and fifty, did provide for the election, by the people, of delegates to meet in general convention, to consider, discuss and propose a new Con- stitution or alterations and amendments to the existing Constitution of this Commonwealth ; and by an act, passed on the thirteenth of March, in the year one thousand eight hundred and fifty-one, did fur- ther provide for submitting the same to the people for ratification or rejection : We, therefore, the Delegates of the good people of Virginia, elocted and in Convention assembled, in pursuance of said acts, do propose to the people the following Constitution and Form of Gov- ernment for this Commonwealth : KRTIO'L'E \.— Bill of Rights. The Declaration of Rights, as amended and prefixed to this Con stitution, shall have the same relation thereto as it had to the former Constitution. ARTICLE l\.— Division of Powers. The Legislative, Executive and Judiciary Departments shall be separate and distinct, so that neither exercise the powers properly belonging to either of the others ; nor shall any person exercise the powers of more than one of them at the same time, except that justices of the peace shall be eligible to either House of Assembly. ARTICLE III.— Qualification of Voters. \. Every white male citizen of the Commonwealth, of the age of twenty-one years, who has been a resident of the State for two years, and of the county, city or town where he offers to vote for twelve months next preceding an election, and no other person, shall be qualified to vote for members of the General Assembly and all ofii- cers elective by the people : but no person in the military, naval or marine service of the United States shall be deemed a resident of this State, by reason of being stationed therein. And no person shall have the right to vote, who is of unsound mind, or a pauper, or a non-commissioned officer, soldier, seaman or marine in the ser- vice of the United States, or who has been convicted of bribery in an election, or of any infamous offence. 2. The General Assembly at its first session after the adoption of this Constitution, and afterwards as occasion may require, shall cause every city or town, the white population of which exceeds five thou- 248 CONSTITUTION OF sand, to be laid off into convenient wards, and a separate place of voting to be established in each, and thereafter no inhabitant of such city or town shall be allowed to vote except in the ward in which he resides. 3. No voter during the time for holding any election at which he is entitled to vote, shall be compelled to perform military service, except in time of war or public danger ; to work upon the public roads, oi» to attend any court as suitor, juror or witness ; and no voter shall be subject to arrest under any civil process during his attendance at elections, or in going to and returning from them, 4. In all elections votes shall be given openly, or viva voce, and not by ballot. But dumb persons, entitled to suffrage, may vote by ballot. ARTICLE IV. — Legislative Department. 1. The Legislature shall be formed of two distinct branches, which together shall be a complete Legislature, and shall be called the Gen- eral Assembly of Virginia. HOUSE OF DELEGATES. 2. One of these shall be called the House of Delegates, and shall consist of one hundred and fifty-two members, to be chosen biennially for and by the several counties, cities, and towns of the Common- wealth, and distributed and apportioned as follows : The Counties of Augusta and Rockingham and the city of Rich- mond shall each elect three delegates : The Counties of Albemarle, Bedford, Berkeley, Campbell, Fau- quier, Franklin, Frederick, Halifax, Hampshire, Harrison, Jefferson, Kanawha, Loudoun, Marion, Monongalia, Monroe, Norfolk, Pittsyl- vania, Preston, Rockbridge, Shenandoah and Washington shall each elect two delegates : The Counties of Botetourt and Craig shall together elect two dele- gates : The Counties of Accomac, Alexandria, Amherst, Appomattox, Barbour, Brunswick, Buckingham, Cabell, Caroline, Carroll, Char- lotte, Chesterfield, Clarke, Culpepper, Dinwiddie, Fairfax, Floyd, Fluvanna, Giles, Gloucester, Goochland, Grayson, Greenbrier, Hano- ver, Hardy, Henrico, Henry, Highland, Isle of Wight, Jackson, King William, Lee, Lewis, Louisa, Lunenberg, Madison, Marshall, Mason, Mercer, Mecklenberg, Montgomery, Morgan, Nansemond, Nelson, Northampton, Page, Patrick, Pendleton, Pocahontas, Prin- cess Anne, Prince Edward, Prince William, Pulaski, Putnam, Ran- dolph, Rappahannock, Roanoke, Scott, Smyth, Southampton, Spott- sylvania, Taylor, Upshur, Warren, Wayne, Wetzel, Wood, and Wythe, and the cities of Norfolk and Petersburg shall each elect one delegate : VIRGINIA. 240 The Counties of Lee and Scott in addition to the delegate to be elected by each, shall together elect one delegate. The following counties and cities shall compose election districts : •Alleghany and Bath : Amelia and Nottoway : Logan, Boone and Wyoming : Braxton and Nicholas : Charles City, James City and New Kent : Cumberland and Powhatan : Doddridge and Tyler : Elizabeth City, Warwick, York, and the City of Willjamsburg : Es- sex, and King and Queen : Fayette and Raleigh : Gilmer and Wirt, Greene and Orange : Greenesville and Sussex : King George and Stafford : Lancaster and Northumberland : Matthews and Middle- sex : Pleasants and Ritchie : Prince George and Surry : and Rich- mond and Westmoreland : each of which districts shall elect one delegate. At the first general election under this Constitution the County of Ohio shall elect three delegates, and the Counties of Brooke and Hancock shall together elect one delegate ; at the second general election the County of Ohio shall elect two delegates and the Coun- ties of Brooke and Hancock shall each elect one delegate ; and so on, alternately, at succeeding general elections. At the first general election the County of Russell shall elect two delegates, and the County of Tazewell shall elect one delegate ; at the second general election the County of Tazewell shall elect two delegates and the County of Russell shall elect one delegate ; and so on, alternately, at succeeding general elections. The General Assembly shall have power upon application of a majority of the voters of the County of Campbell to provide, that instead of the two delegates to be elected by said County, the town of Lynchburgh shall elect one delegate and the residue of the County of Campbell shall elect one delegate. 3. The other house of the General Assembly shall be called the Senate, and shall consist of fifty members, to be elected for the term of four years ; for the election of whom, the counties, cities, and towns shall be divided into fifty districts. Each county, city, and town of the respective districts, at the time of the first election of its delegate or delegates under this Constitution, shall vote for one Sena- tor, and the Sheriffs or other officers holding the election for each county, city, and town, within five days at farthest after the last elec- tion in the district, shall meet at the Court House of the county or city first named in the district, and from the polls so taken in their respective counties, cities, and towns, return as Senator the person who has received the greatest number of votes in the whole district. Upon the assembling of the Senators so elected, they shall be divi- ded into two equal classes, to be numbered by lot. The term of service of the Senators of the first class shall expire with that of the delegates first elected under this Constitution ; and of the Senators of the second class at the expiration of two years thereafter : and this alternation shall be continued, so that one half of the Senators may be chosen every second year. 250 CONSTITUTION OP SECTION IV. THE SENATE. I. ¥or the election of Senators, the counties of Accomac and Northampton shall form one district : II. The City of Norfolk shall be another district : III. The counties of Norfolk and Princess Anne shall form another district : IV. The counties of Isle of Wight, Nansemond, and Surry, shall form another district : V. The counties of Sussex, Southampton, and Greenesville, shall form another district : VI. The City of Petersburg and the County of Prince George shall form another district : VII. The counties of Dinwiddle, Amelia, and Bruns\vick, shall form another district : viii. The counties of Powhatan, Cumberland, and Chesterfield, shall form another district : IX. The counties of Lunenburg, Nottoway, and Prince Edward, shall form another district : X. The counties of Mecklenburg and Charlotte shall form another district : XI. The county of Pittsylvania shall be another district : XII. The county of Halifax shall be another district : XIII. The counties of Henry, Patrick, and Franklin, shall form another district. XIV. The county of Bedford shall be another district : XV. The counties of Campbell and Appomattox shall form another district : XVI. The City of Williamsburg, and the counties of James City, Charles City, New Kent, York, Elizabeth City, and Warwick, shall form another district : XVII. The counties of Henrico and Hanover shall form another district : XVIII. The City of Richmond shall be another district : XIX. The counties of Gloucester, Mathews, and Middlesex, shall form another district : XX. The counties of Richmond, Lancaster, Northumberland and Westmoreland shall form another district : XXI. The counties of King and Queen, King William and Essex, shall form another district : XXII. The counties of Caroline and Spottsylvania shall form another district : XXIII. The counties of Stafford, King George, and Prince William, shall form another district : XXIV. The counties of Fairfax and Alexandria shall form another district : XXV. The county of Loudoun shall be another district : VIRGINIA. 251 XXVI. The counties of Fauquier and Rappahannock shall form another district : XXVII. The counties of Madison, Culpeper, Orange, and Greene, shall form another district : XXVIII. The county of Albermarle shall be another district : XXIX. The counties of Louisa, Goochland, and Fluvamia, shall form another district : XXX. The counties of Nelson, Amherst, and Buckingham, shall form another district : XXXI. The counties of Jefferson and Berkeley shall form another district : XXXII. The counties of Hampshire, Hardy, and Morgan, shall form another district : XXXIII. The counties of Frederick, Clarke, and Warren, shall form another district : XXXIV. The counties of Shenandoah and Page shall form another district : XXXV. The counties of Rockingham and Pendleton shall form another district : XXXVI. The county of Augusta shall be another district : XXXVII. The counties of Bath, Highland, and Rockbridge, shall form another district : XXXVIII. The counties of Botetourt, Alleghany, Roanoke, and Craig, shall form another district : XXXIX. The counties of Carroll, Floyd, Grayson, Montgomery, and Pulaski, shall form another district : XL. The counties of Mercer, Monroe, Giles, and Tazewell, shall form another district : xLi. The counties of Smyth, Wythe, and Washington, shall form, another district : xLii. The counties of Scott, Lee, and Russell, shall foi'm another district : xLiii. The counties of Boone, Logan, Kanawha, Putnam, and Wyo- ming, shall form another district : XLiv. The counties of Nicholas, Fayette, Pocahontas, Raleigh, Braxton, and Greenbrier, shall form another district : xLv. The counties of Mason, Jackson, Cabell, Wayne, and Wirt, shall form another district: XLvi. The counties of Ritchie, Doddridge, Harrison, Pleasants, and Wood, shall form another district : XLVii. The counties of Wetzel, Marshall, Marion, and Tyler, shall form another district : xLviii. The counties of Upshur, Barbour, Lewis, Gilmer, and Ran- dolph, shall form another district : XLix. The counties of Monongalia, Preston, and Taylor, shall form another district : L. The counties of Brooke, Hancock and Ohio shall form another district. _ 252 CONSTITUTION OF SECTION V. 5. It shall be the duty of the General Assembly in the year one thousand eight hundred and sixty -five, and in every tenth year there- after, in case it can agree upon a principle of representation, to re-ap- portion representation in the Senate and House of Delegates in accord- ance therewith ; and in the event the General Assembly, at the firsl or any subsequent period of re-apportionment, shall fail to agree npon a principle of representation and to re-apportion representation m accordance therewith, each House shall separately propose a scheme of representation, containing a principle or rule for the House of Delegates, in connection with a principle or rule for the Senate. And it shall be the duty of the General Assembly, at the same session, to certify to the Governor, the principles or rules of re- presentation which the respective Houses may separately propose, to be applied in making re-apportionments in the Senate and in the House of Delegates : and the Governor shall, as soon thereafter as may be, by proclamation, make known the propositions of the re- spective Houses, and require the voters of the Commonwealth to assemble at such time as he shall appoint, at their lawful places of voting, and decide by their votes between the propositions thus pre- sented. In the event the General Assembly shall fail, in the year one thousand eight hundred and sixty-five, or in any tenth year there- after to make such re-apportionment or certificate, the Governor shall, immediately after the adjournment of the General Assembly, by proclamation, require the voters of the Commonwealth to assem- ble, at such time as he shall appoint, at their lawful places of voting, and to declare by their votes : First, whether representation in the Senate and House of Dele- gates shall be apportioned on the " Suffrage Basis ;" that is, accord- ing to the number of voters in the several counties, cities, towns and Senatorial districts of the Commonwealth : Or second, whether representation in both Houses shall be appor- tioned on the " Mixed Basis ;" that is, according to the number of white inhabitants contained, and the amount of all State taxes paid, in the several counties, cities and towns of the Commonwealth, de- ducting therefrom all taxes paid on licenses and law process, and any capitation tax on free negroes, allowing one delegate for every seven- ty-sixth part of said inhabitants, and one delegate for every seventy- sixth part of said taxes, and distributing the Senators in like man- ner : Or third, whether representation shall be apportioned in the Senate on taxation ; that is, according to the amount of all State taxes, paid in the several counties, cities and towns of the Commonwealth, de- ducting therefrom all taxes paid on licenses and law process, and any capitation tax on free negroes, and in the House of Delegates on the " Suffrage Basis" as aforesaid : Or fourth, whether representation shall be apportioned in the Sen- VIRGINIA. 253 ate on the " Mixed Basis" as aforesaid, and in the House of Dele- gates on the " Suffrage Basis" as aforesaid : and each voter shall cast his vote in fovor of one of said schemes of apportionment, and no more. 6. It shall be the duty of the Sheriffs and other officers taking said polls, to keep the same open for the period of three days, and with- in five days after they are closed, to certify true copies thereof to the Governor, who shall, as early as may be, ascertain the result of said vote, and make proclamation thereof; and in case it is ascertained that a majority of all the votes cast is in favor of either of the prin- ciples of representation, referred as aforesaid to the choice of the voters, the governor shall communicate the result of such vote to the general assembly at its first regular session thereafter ; but in case it is ascertained that a majority of all the votes cast is not in favor of either of the principles of representation referred as afoi-esaid to the choice of the voters, it shall be the duty of the governor, as soon as may be after ascertaining that fact, in like manner to cause the voters to decide between the two principles of representation which shall, at such previous voting, have received the greatest number of votes ; and he shall ascertain and make proclamation of the result of the said last vote, and communicate the same to the general as- sembly at its next regular session ; and in either case, the General Assembly, at the regular session thereof which shall be held next after the taking of the vote, the result of which shall have been so communicated to it by the Governor, shall re-apportion represent- ation in the two houses respectively in accordance with the prin- ciple of representation in each, for which a majority of the votes cast were given ; and it shall be the duty of the General Assembly in every tenth year thereafter to re-apportion and distribute the num- ber of senators and delegates in accordance with the same principle. 7. Any person may be elected Senator, who, at the time of elec- tion, has attained the age of twenty-five years, and is actually a re- sident within the district, and qualified to vote for members of the General Assembly, according to this Constitution. And any person may be elected a member of the House of the Delegates, who, at the time of election, has attained the age of twenty-one years, and is actually a resident within the county, city, town, or election district, qualified to vote for members of the General Assembly, according to this Constitution ; but no person holding a lucrative office, no min- ister of the gospel or priest of any religious denomination, no sala- ried officer of any banking corporation or company, and no attorney for the Commonwealth, shall be capable of being elected a member of either house of Assembly. The removal of any person elected to either branch of the General Assembly from the county, city, town or district for which he was elected, shall vacate his office. 8. The General Assembly shall meet once in every two years, and not oftener, unless convened by the Governor in the manner pre- scribed in this Constitution. No session of the General Assembly, 254. CONSTITITTION OF after the first under this Constitution, shall continue longer than ninety days, without the concurrence of three-fifths of the members elected to each house, in which case, the session may be extended for a further period, not exceeding thirty days. Neither house, dur- ing 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 w^hieh the two houses shall be sitting. A majority of each house 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 each house may provide. 9. The House of Delegates shall choose its own Speaker, and in the absence of the Lieutenant Governor, or when he shall exercise the office of Governor, the Senate shall choose from their own body, a president pro tempore : and each house shall appoint its own offi cers, settle its own rules of proceeding, and direct writs of election for supplying intermediate vacancies : but if vacancies shall occur during the recess of the General Assembly, such writs may be issued by the Governor, under such regulations as may be prescribed by law. Each house shall judge of the election, qualification and returns of its members, may punish them for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same ofience. 10. The members of the Assembly shall receive for their services a compensation, to be ascertained by law, and paid out of the pub- lic treasury ; but no act increasing such compensation shall take effect until after the end of the term for which the members of the House of Delegates voting thereon were elected. And no senator or delegate during the term for which he shall have been elected, shall be appointed to any civil office of profit under the Common- wealth, which has been created, or the emoluments of which have been increased, during such term, except offices filled by elections by the people. 11. Bills and resolutions may originate in either of the two houses of the General Assembly, to be approved or rejected by the other, and may be amended by either house, with, the consent of the other. 12. Each house of the General Assembly shall keep a journal of its proceedings, which shall be published from time to time, and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. No bill shall become a law, until it has been read on three difl!erent days of the session, in the house in which it originated, un- less two-thirds of the members elected to that house, shall otherwise determine. . 13. The whole number of members to which the State may at any time be entitled in the House of Representatives of the United States, shall be apportioned as nearly as may be, amongst the seve- VIRGINIA. a254 ral counties, cities and towns of the State, according to their respec- tive numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifth of all other persons. 14. In the apportionment, the State shall be divided into districts corresponding in number with the representatives to which it may be entitled in the House of Representatives of the Congress of the United States, which shall be formed respectively of contiguous counties, cities and towns, be compact, and include, as nearly as may be, an equal number of the population, upon which is based repre- sentation in the House of Representatives of the United States. 15. The privilege of the writ of habeas corpus shall not, in any case, be suspended. The General Assembly shall not pass any bill of attainder ; or any ex post facto law ; or any law impairing the ob- ligation of contracts ; or any law whereby private property shall be taken for public uses without just compensation ; or any law abridg- ing the freedom of speech or of the press. No man shall be com- pelled to fVequent or support any religious worship, place or minis- try whatsoever ; nor shall any man be enforced, restrained, molest- ed or burthened in his body or goods, or otherwise suffer, on account of his religious opinions or belief; but all men shall be free to pro- fess and by argument to maintain their opinions in matters of reli- gion, and the same shall in no wise affect, diminish or enlarge their civil capacities. And the General Assembly shall not prescribe any religious test whatever ; or confer any peculiar privileges or advantages on any sect or denomination ; or pass any law requiring or authorizing any religious society, or the people of any district within this Common- wealth, to levy on themselves or others any tax for the erection or repair of any house for public worship, or f^r the support of any church or ministry ; but it shall be left free to every person to select his religious instructor, and to make for his support such private con tract as he shall please. 16. No law shall embrace more than one object, which shall be expressed in its title : nor shall any law be revived or amended by reference to its title, but the act revived, or section amended, shall be re-enacted and published at length. 17. The General Assembly may provide that no person shall be capable of holding, or being elected to, any post of proftt, trust or emolument, civil or military, legislative, executive or judicial, under the government of this Commonwealth, who shall hereafler fight a duel, or send or accept a challenge to fight a duel, the prob- able issue of which may be the death of the challenger or challenged, or who shall be second to either party, or shall in any manner aid or assist in such duel, or shall be knowingly the bearer of such chal- lenge or acceptance; but no person shall be so disqualified by reason of his having heretofore fought such duel, or sent or accepted such challenge, or been second in such duel, or bearer of such challenge or acceptance. 2546 CONSTITUTION OF 18. The Governor, Lieutenant Governor, Judges, and all others offending against the State, by mal-administration, corruption, neglect of duty, or other high crime or misdemeanor, shall be im- peachable by the House of Delegates, and be prosecuted before the Senate, which shall have the sole power to try impeachments. When sitting for that purpose, they shall be on oath or affirmation ; and no person shall be convicted, without the concurrence of two- thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualifica- tion to hold and enjoy any office of honor, trust or proiit under the Commonwealth ; but the party convicted shall nevertheless be sub- ject to indictment, trial, judgment and punishment, according to law. The Senate may sit during the recess of the General Assembly for the trial of impeachments. SLAVES AND FREE NEGROES, 19. Slaves hereafter emancipated shall forfeit their freedom by remaining in the Commonwealth more than twelve months after they become actually free, and shall be reduced to slavery, under such regulations as may be prescribed by law. 20. The General Assembly may impose such restrictions and con- ditions as they shall deem proper on the power of slave OAvners to emancipate their slaves ; and may pass laws for the relief of the Commonwealth from the free negro population by removal or other- wise. 21. The General Assembly shall not emancipate any slave, or the descendant of any slave, either before or after the birth of such descendant. TAXATION AND FINANCE. 22. Taxation shall be equal and uniform throughout the Common- wealth, and all property, other than slaves, shall be taxed in propor- tion to its value, which shall be ascertained in such manner as may be prescribed by law. 23. Every slave who has attained the age of twelve years shall be assessed with a tax equal to and not exceeding that assessed on land of the value of three hundred dollars. Slaves under that age shall not be subject to taxation ; and other taxable property may be exempted from taxation, by the vote of a majority of the whole number of members elected to each house of the General Assembly. 24. A capitation tax, equal to the tax assessed on land of the value of two hundred dollars, shall be levied on every white male inhabitant who has attained the age of twenty-one years ; and one equal moiety of the capitation tax upon white persons, shall be applied to the purposes of education in primary and free schools ; but nothing herein contained shall prevent exemptions of taxable polls in cases of bodily infirmity. 25. The General Assembly may levy a tax on incomes, salaries VIRGINIA. C254 and licenses ; but no tax shall be levied on property from which any income so taxed is derived, or on the capital invested in the trade or business in respect to which the license so taxed is issued. 26. No money shall be drawn from the treasury but in pursuance of appropriations made by law; and a statement of the receipts, disbursements, appropriations and loans shall be published after the adjournment of each session of the General Assembly, with the acts and resolutions thereof 27. On the passage of every act which imposes, continues, or revives a tax, or creates a debt or charge, or makes, continues or revives any appropriation of public or trust money or property, releases, discharges, or commutes any claim or demand of the State, the vote shall be determined by yeas and nays, and the names of the persons voting for and against the same shall be entered on the journals of the respective houses, and a majority of all the mem- bers elected to each house shall be necessary to give it the force of a law. 28. The liability to the State of any incorporated company or institution, to redeem the principal and pay the interest of any loan heretofore made, or which may hereafter be made, by the State, to such company or institution, shall not be released ; and the General Assembly shall not pledge the faith of the State, or bind it in any form, for the debts or obligations of any company or corporation. 29. There shall be set apart annually, from the accruing revenue, a sum equal to seven per cent, of the State debt existing on the first day of January in the year one thousand eight hundred and fifty- two. The fund thus set apart shall be called the Sinking Fund, and shall be applied to the payment of the interest of the State debt, and the principal of such part as may be redeemable. If no part be redeemable, then the residue of the Sinking Fund, after the payment of such interest, shall be invested in the bonds or certificates of debt of this Commonwealth, or of the United States, or of some of the States of this Union, and applied to the payment of the State debt, as it shall become redeemable. Whenever, after the said first day of January, a debt shall be contracted by the Commonwealth, there shall be set apart in like manner, annually, for thirty-four years, a sum exceeding by one per cent, the aggregate annual interest agreed to be paid thereon, at the time contracted, which sum shall be part of the Sinking Fund, and shall be applied in the manner before directed. The General Assembly shall not otherwise - appropriate any part of the Sinking Fund or its accruing interest, except in time of war, insurrection or invasion. 30. The General Assembly may, at any time, direct a sale of the stocks held by the Commonwealth in internal improvement and other companies ; but the proceeds of such sale, if made before the payment of the public debt, shall constitute a part of the Sinking Fund and be applied in like manner. 31. The General Assembly shall not contract loans or cause to be 254:d CONSTITUTION OF issued certificates of debt or bonds of the State, irredeemable for a period greater than thirty-four years. GENERAL PROVISIONS. 32. The General Assembly shall not grant a charter of in- corporation to any church or religious denomination, but may secure the title to church property to an extent to be limited by law. 33. No lottery shall hereafter be authorized by law, and the buying, selling or transferring of tickets or chances in any lottery not now authorized by a law of this State, shall be prohibited. 34. No new county shall be formed with an area less . than six hundred square miles ; nor shall the county or counties from which it is formed be reduced below that area; nor shall any county, having a white population less than five thousand, be deprived of more than one-fifth of such population ; nor shall a county having a larger white population be reduced below four thousand. But any county, the length of which is three times its mean breadth, or which exceeds fifty miles in length, may be divided at the discretion of the General Assembly. In all general elections the voters in any county, not entitled to separate representation, shall vote in the same election district. 35. The General Assembly shall confer on the courts the power to grant divorces, change the names of persons, and direct the sale of estates belonging to infants and other persons under legal disabi- lities, but shall not, by special legislation, grant relief in such cases"^, or in any other case of which the courts or other tribunals may have jurisdiction. 36. The General Assembly shall provide for the periodical regis- ■• tration in the several counties, cities and towns, of the voters therein, and for the annual registration of the births, marriages and deaths in the white population, and of the births and deaths in the colored population of the same, distinguishing between the numbers of free colored persons and slaves. 37. The General Assembly, at intervals of five years from the dates of the returns of the census of the United States, shall cause to be taken a census and such statistics of this State as may be prescribed by law; which census and statistics shall be returned to the Secretary of the Commonwealth, who shall com- pare and correct the returns and report the same to the General Assembly. 38. The manner of conducting and making returns of elections, of determining contested elections, and of filling vacancies in office, in cases not specially provided for by this Constitution, shall be pre- scribed by law ; but special elections to fill vacancies in the office of Judge of any court shall be for a full term. And the General As- sembly may declare the cases in which any office shall be deemed vacant, when no provision is made for that purpose in this Constitution. VIRGINIA. e254 ARTICLE V. — Executive Deimrtment. GOVERNOR. 1. The Chief Executive power of this Commonwealth shall be vested in a Governor. He shall hold the office for th& term of four years, to commence on the day of next succeeding his election, and be ineligible to the same office for the term next suc- ceeding that for which he was elected, and to any other office during his term of service. 2. The Governor shall be elected by the voters, at the times and places of choosing members of the General Assembly. Returns of the election shall be transmitted, under seal, by the proper officers to the Secretary of the Commonwealth, who shall deliver them to the Speaker of the House of Delegates, on the first day of the next session of the General Assembly. The Speaker of the House of Delegates shall within one week thereafter, in the presence of a majority of the Senate and House of Delegates, open the said returns, and the votes shall then be counted. The pei'son having the highest number of votes shall be declared elected; but if two or more shall have the highest and an equal number of votes, one of them shall be chosen Governor by the joint vote of the two houses of the General Assembly, Contested elections for Governor shall be decided by a like vote, and the mode of proceeding in such cases shall be prescribed by law. 3. No person shall be eligible to the office of Governor imless he has attained the age of thirty years, is a native citizen of the United States, and has been a citizen of Virginia for five years next preced- ing his election. 4. The Governor shall reside at the seat of Government ; shall receive five thousand dojlars for each year of his service, and, while in office, shall receive no other emolument from this or any other government. 5. He shall take care that the laws be faithfully executed ; com municate to the General Assembly at every session the condition of the Commonwealth ; recommend to their consideration such mea sures as he may deem expedient ; and convene the General Assembly on application of a majority of the members of both houses thereof, or when in his opinion the interest of the Commonwealth may require it. He shall be commander in chief of the land and naval forces of the State ; have power to embody the militia to repel inva- sion, suppress insurrection and enforce the execution of the laws ; conduct, either in person or in such other manner as shall be pres- cribed by law, all intercourse with other and foreign States; and, during the recess of the General Assembly, fill 'pro tempore all vacancies in those offices for which the Constitution and laws make no provision : but his appointments to such vacancies shall be by commissions to expire at the end of thirty days after the commence- ment of the next session of the General Assembly. He shall have m 254^ CONSTITUTION OF •power to remit fines and penalties, in such cases and under such rules and regulations as may be prescribed by law ; and, except when the prosecution has been carried on by the House of Dele- gates, or the law shall otherwise particularly direct, to grant re- prieves and pardons after conviction, and to commute capital pun- ishment. But he shall communicate to the General Assembly at each session, the particulars of every case of fine or penalty remitted, of reprieve or pardon granted and of punishment com- muted, with his reasons for remitting, granting or commuting the same. 6. He may require information in Avriting from the officers in the Executive department upon any subject relating to the duties of their respective offices ; and may also require the opinion in writing of the Attorney General upon any question of law connected with his official duties. 7. Commissions and grants shall run in the name of the Common- wealth of Virginia, and be attested by the Governor with the seal of the Commonwealth annexed. LIEUTENANT GOVERNOR. 8. A Lieutenant Governor shall be elected at the same time, and for the same term, as the Governor : and his qualification and the manner of his election in all respects shall be the same. 9. In case of the removal of the Governor from office, or of his death, failure to qualify, resignation, removal from the State, or , inability to discharge the powers and duties of the office, the said f office, with its compensation, shall devolve upon the Lieutenant Governor ; and the General Assembly shall provide by law for the discharge of the Executive functions in other necessary cases. 10. The Lieutenant Governor shall be President of the Senate, but shall have no vote ; and while acting as such, shall receive a compensation equal to that allowed to the Speaker of the House of Delegates. SECRETARY OF THE COMMONWEALTH, TREASURER AND AUDITOR. 11. A Secretary of the Commonwealth, Treasurer and an Auditor of Public Accounts shall be elected by the joint vote of the two houses of the General Assembly, and continue in office for the term of two years, unless sooner removed. 12. The Secretary shall keep a record of the official acts of the Governor, which shall be signed by the Governor and attested by the Secretary ; and when required, he shall lay the same, and any papers, minutes and vouchers pertaining to his office, before either house of the General Assembly ; and shall perform such other duties as may be prescribed by law. 13. The powers and duties of the Treasurer and Auditor shall be such as now are, or may be hereafter prescribed by law. VIRGINIA. g-254 BOARD OF PUBLIC WORKS. 14. There shall be a Board of Public Works, to consist of three Commissioners. The State shall be divided into three districts, containing as nearly as may be equal numbers of voters, and the voters of each district shall elect one Commissioner, whose term of office shall be six years ; but of those first elected, one, to be desig- nated by lot, shall remain in office for two years only, and one other, to be designated in like manner, shall remain in office for four years only. 15. The General Assembly, at its first session after the adoption of this Constitution, shall provide for the election and compensation of the Commissioners, and the organization of the Board. The Com- missioners first elected shall assemble on a day to be appointed by law, and decide by lot the order in which their terms of service shall expire. 16. The Board of Public Works shall appoint all officers employed on the public works, and all persons representing the interest of the Commonwealth in works of internal improvement, and shall per- form such other duties as may be prescribed by law. 17. The members of the Board of Public Works may be removed by the concurrent vote of a majority of all the members elected to each house of the General Assembly ; but the cause of removal shall be entered on the journal of each house. 18. The General Assembly shall have power, by a vote of three- fifths of the members elected to each house, to abolish said board whenever in their opinion a board of public works shall no longer be necessary. MILITIA. 19. The manner of appointing militia officers shall be prescribed by law. ARTICLE VI. — Judiciaj-y Department. 1. There shall be a Supreme Court of Appeals, District Courts and Circuit Courts. The jurisdiction of these tribunals, and of the Judges thereof, except so far as the same is conferred by this Con- stitution, shall be regulated by law. JUDICIAL DIVISIONS. 2. The State shall be divided into twenty-one judicial circuits, ten districts and five sections. I. The counties of Princess Anne, Norfolk, Nansemond, Isle of Wight, Southampton, Greenesville, Surry and Sussex and the city of Norfolk shall constitute the first circuit. II. The counties of Prince George, Dinwiddle, Brunswick, Meck- lenburg, Lunenburg, Nottoway, Amelia, Chesterfield and Powhatan and the City of Petersburg shall constitute the second circuit. III. The counties of Cumberland, Buckingham, Appomattox, 19 f 254A CONSTITUTION OF Campbell, Prince Edward, Charlotte and Halifax and the town of Lynchburg shall constitute the third circuit. IV. The counties of Pittsylvania, Bedford, Franklin, Patrick and Henry shall constitute the fourth circuit. V. ■ The counties of Accomac and Northampton shall constitute the fifth circuit. VI. The counties of Elizabeth City, Warwick, York, Gloucester, Mathews, Middlesex, Henrico., T^ew Kent, Charles City and James City, and the City of Williamsburg shall constitute the sixth circuit. VII. The City of Richmond shall be the seventh circuit. VIII. The counties of Lancaster, Northumberland, Richmond, Westmoreland, King George, Spottsylvania, Caroline, Hanover, King William, King and Queen and Essex shall constitute the eighth circuit. IX. The counties of Stafford, Prince William, Alexandria, Fairfax, [joudoun, Fauquier and Rappahannock shall constitute the ninth circuit. X. The counties of Culpeper, Madison, Greene, Orange, Albe- marle, Louisa, Fluvanna and Goochland shall constitute the tenth circuit. XI. The counties of Nelson, Amherst, Rockbridge, Augusta and Bath shall constitute the eleventh circuit : XII. The counties of Pendleton, Highland, Roekiijgham, Page, Shenandoah, Warren and Hardy shall constitute the twelfth circuit : siii. The counties of 'Clarke, Frederick, Hampshire, Morgan, Berkeley and Jefferson shall constitute the thirteenth circuit: XIV. The counties of Monroe, Greenbrier, Pocahontas, Alle- ghany, Botetourt, Roanoke and Craig shall constitute the fourteenth circuit : XV. The counties of Giles, Mercer, Raleigh, Wyoming, Logan, Boone, Fayette and Nicholas shall constitute the fifteenth circuit : XVI. The counties of Grayson, Carroll, Wythe, Floyd, Pulaski and Montgomery shall constitute the sixteenth circuit: XVII. The counties of Smyth, Tazewell, Washington, Russell, Scott and Lee shall constitute the seventeenth circuit : XVIII. The counties of Wayne, Cabell, Mason, Jackson, Putnam and Kanawha shall constitute the eighteenth circuit. XIX. The counties of Wood, Wirt, Gilmer^ Braxton, Lewis, Ritchie, Doddridge and Pleasants shall constitute the nineteenth circuit : XX. The counties of Hancock, Brooke, Ohio, Marshall, Wetzel, Tyler and Monongalia shall constitute the twentieth circuit: XXI. And the counties of Harrison, Marion, . Taylor, Preston, Barbour, Randolph and Upsbur shall constitute / the twenty-first circuit. 1. The first and second circuits shall constitute the first district ; the third and fourth circuitSj the second district ; the fifth, sixth and seventh circuits, the third district ; the eighth and ninth circuits, the VIRGINIA. I 254 fourth district ; the tenth and eleventh circuits, the fifth district ; the twelfth and thirteenth circuits, the sixth district ; the fourteenth and fifteenth circuits, the seventh district ; the sixteenth and seventeenth circuits, the eighth district; the eighteenth and nineteenth circuits, the ninth district ; and the twentieth and twenty-first circuits, the tenth district. 2. The first and second districts shall constitute the first section ; the third and fourth districts, the second section ; the fifth and sixth districts, the third section ; the seventh and eighth districts, the fourth section ; and the nine and tenth districts, the fifth section. 3. The General Assembly may, at the end of eight years after the adoption of this Constitution, and thereafter at intervals of eight years, i-e-arrange the said circuits, districts and sections, and place any number of circuits in a district, and of districts, in a section; but each circuit shall be altogether in one district, and each district in one section ; and there shall not be less than two districts and four circuits, in a section, and the number of sections shall not be increased or diminished. CIKCUIT COURTS. 6. For each circuit, a Judge shall be elected by the voters thereof, who shall hold his office for the term of eight years, unless sooner removed in the manner prescribed by this Constitution. He shall at the time of his election be at least thirty years of age, and during his continuance in office, shall reside in the circuit of which he is judge. 7. A Circuit Court shall be held at least twice a year by the Judge of each circuit, in every county and corporation thereof, whei-ein a Circuit Court is now or may hereafter be established. But the Judges in the same district may be required or authorized to hold the courts of their respective circuits alternately, and a Judge of one circuit to hold a court in any other circuit. DISTRICT COURTS. 8. A District Court shall be held, at least once a year, in every district, by the Judges of the circuits constituting the section and the Judge of the Supreme Court of Appeals for the section of which the district forms a part, any three of whom may hold a coui't ; but no Judge shall sit or decide upon any appeal taken from his own decision. The Judge of the Supreme Court of Appeals of one sec- tion, may sit in the District Courts of another section, when required or authorized by law to do so. 9. The district courts shall not have original jurisdiction, except in cases o^ habeas corpus, mandamus and prohibition. COURTS OF APPEALS. 10. For each section, a Judge shall be elected by the voters thereof^ who shall hold his office for the term of twelve years, unless 254:j CONSTITUTION OF sooner removed in the manner prescribed by this Constitution. He shall at the time of his election be at least thirty-five years of age, and during his continuance in office, reside in the section for which he is elected. 11. The Supreme Court of Appeals shall consist of the five Judges so elected, any three of whom may hold a court. It shall have appellate jurisdiction only, except in cases of habeas corpus, man- clamus and prohibition. It shall not. have jurisdiction in civil causes where the matter in controversy, exclusive of costs, is less in value or amount than five hundred dollars, except in controversies concern- in.g the title or boundaries of land, the probat of a will, the appoint- ment or qualification of a personal representative, guardian, com- 9iittee or curator ; or concerning a mill, road, way, ferry or landing, or the right of a corporation or of a county to levy tolls or taxes ; and except in cases of habeas corpus, mandamus and prohibition, and cases involving freedom, or the constitutionality of a law. 12. Special Courts of Appeals, to consist of not less than three nor more than five Judges, may be formed of the Judges of the Supreme Court of Appeals, and of the Circuit Courts, or any of them, to try any cases remaining on the dockets of the present Court of Appeals when the Judges thereof cease to hold their offices ; or to try any cases which may be on the dockets of the Supreme Court of Appeals established by this Constitution, in respect to which a majority of the Judges of said court may be so situated as to make it improper for them to sit on the hearing thereof 13. When a judgment or decree is reversed or affirmed by the Supreme Court of Appeals, the reasons therefor shall be stated in writing, and preserved with the record of the case. GENERAL PROVISIONS. 14. Judges shall be commissioned by the Governor, and shall re- ceive fixed and adequate salaries, which shall not be diminished dur- ing their continuance in office. The salary of a Judge of the Su- preme Court of Appeals shall not be less than three thousand dol- lars and that of a Judge of a Circuit Court not less than two thou- sand dollars per annum, except that of the Judge of the fifth circuit, which shall not be less than fifteen hundred dollars per anmom ; and each shall receive a reasonable allowance for necessary travel. 15. No Judge during his term of service shall hold any other office, appointment or public trust, and the acceptance thereof shall vacate his judicial office ; nor shall he during such term, or within one year thereafter, be eligible to any political office. 16. No Election of Judge shall be held within thirty days of the time of holding any election of Electors of President and Vice Pre- sident of the United States, of Members of Congress or of the Gene- ral Assembly. 17. Judges may be removed from office by a concurrent vote of both houses of the General Assembly, but a majority of all the VIRGINIA, k 254 members elected to each house must concur in such vote ; and the cause of removal shall be entered on the journal of each house. The judge, against whom the General Assembly may be about to pro- ceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either house of the General Assembly shall act thereupon. 18. The officers of the Supreme Court of Appeals and of the Dis- trict Courts shall be appointed by the said Courts respectively, or by the Judges thereof in vacation. Their duties, compensation, and tenure of office, shall be prescribed by law. 19. The voters of each county or corporation in which a Circuit Court is held shall elect a clerk of such court, whose term of office shall be six years. The Attorney for the Commonwealth elected for a county or corporation wherein a Circuit Court is directed to be held, shall be attorney for the Commonwealth for that court. But in case a Circuit Court is held for a City, or for a County and City, there shall be an Attorney for the Commonwealth for such Court, to be elected by the voters of such City, or County "and City, and to continue in office for the term of four years. The duties and com- pensation of these officers, and the mode of removing them from office, shall be prescribed by law. 20. When a vacancy shall occur in the office of clerk of any court, such court may appoint a clerk j^^'o tempore, who shall discharge the duties of the office until the vacancy is filled. 21. The General Asseixibly shall provide for the compensation of jurors, but appropriations for that purpose, shall not be made from the State treasury, except in prosecutions for felony and misde- meanor. 22. At every election of a Governor, an attorney general shall be elected by the voters of the Commonwealth, for the term of four years. He shall be commissioned by the Governor, shall perform such duties and receive such compensation as may be prescribed by law, and be removable in the manner prescribed for the removal of Judges. 23. Judges and all other officers, whether elected or appointed, shall continue to discharge the duties of their respective offices after their terms of service have expired, until their successors are qualified. 24. Writs shall run in the name of the Commonwealth of Vir- ginia and be attested by the clerks of the several courts. Indict- ments shall conclude, against the peace and dignity of the Common- wealth. COUNTY COURTS. 25. There shall be in each county of the Commonwealth, a County Court, which shall be held monthly, by not less than three, nor more than five Justices, except when the law shall require the presence of a greater number. 254 I CONSTITUTION OF 26. The jurisdiction of the said court shall be the same as that of the existing County Courts, except so far as it is modified by this Constitution or may be changed by law. 27. Each County shall be laid off into districts, as nearly equal as may be in territory and population. In each district there shall be elected by the voters thereof, four Justices of the Peace, who shall be commissioned by the Governoi", reside in their respective districts, and hold their office for the term of four years. The jus- tices so elected shall choose one of their own body, who shall be the presiding Justice of the County Court, and whose duty it shall be to attend each term of said court. The other justices shall be classified by law for the performance of their duties in court. 28. The Justices shall receive for their services in court, a per diem compensation, to be ascertained by law, and paid out of the County treasury ; and shall not receive any fee or emolument for other judicial services. 29. The power and jurisdiction of Justices of the Peace within their respective Counties shall be prescribed by law. COUNTY OFFICERS. 30. The voters of each County shall elect a Clerk of the County Court, a Surveyor, an Attorney for the Commonwealth, a Sheriff, and so many Commissioners of the Revenue as may be authorized by law, who shall hold their respective offices as follows : The Clerk, and the Surveyor, for the term of six years ; the Attorney, for the term of four years ; the Sheriff, and the Commissioners, for the term of two years. Constables, and Overseers of the Poor, shall be elected by the voters, as may be prescribed by law. 31. The officers mentioned in the preceding section, except the Attorneys, shall reside in the Counties or Districts for which they were respectively elected. No person elected for two successive terms to the office of Sheriff, shall be re-eligible to the same office for the next succeeding term ; nor shall he, during his term of ser- vice, or within one year thereafter, be eligible to any political office. 32. The Justices of the Peace, Sheriffs, Attorneys for the Com- monwealth, Clerks of the Circuit and "County Courts, and all other County officers, shall be subject to indictment for malfeasance, mis- feasance, or neglect of official duty, and upon conviction thereof, their offices shall become vacant. CORPORATION COURTS AND OFFICERS. 33. The General Assembly may vest such jurisdiction as shall be deemed necessary in Corporation Courts, and in the Magistrates who may belong to the corporate body. 34. All officers appertaining to the Cities and other Municipal Corporations, shall be elected by the qualified voters, or appointed by the constituted authorities of such Cities or Corporations, as may be prescribed by law. VIRGINIA.. m254 Done in Con-wention, in the city of Richmond, on the first day of August, in the year of oiir Lord one thousand eight hundred and fifty-one, and in the seventy-sixth year of the Commonwealth of Virginia. JOHN Y. MASON, President of the Convention. S. D. Whittle, Secretary of the Convention. SCHEDULE. 1. It shall be the duty of the President of this Convention, immediately on its adjournment, to certify to the Governor a copy of the Bill of. Rights and Constitu- tion adopted, together with this Schedule. 2. Upon the receipt of such certified copiy, the G-ovemoi- shall, forthwith, an- nounce the fact by Proclamation, to be published in such newspapers of the State ' e.s may be deemed requisite for general information: and, shall annex to his Pro- clamation a copy of the Bill of Rights and Constitution, together with this Schedule : which Proclamation, Bill of Rights, Constitution and Schedule, shall be published in the manner indicated, for the period of one month ; and ten printed copies thei-eof shall, by the Secretary of the Commonwealth, be immediately transmitted, by mail, to tlie Clerk of each County and Corporation Court in this Commonwealth, to be by such Clerk submitted to the examination of any person desiring the same. 3. The Officers' authorized by existing laws to conduct General Elections, shall, ' at the places appointed for holding the same, open a Poll Book on the Fourth Thursday in October next, to be headed " The Constitution as amended, and Sche- dule," and to contain two" separate columns ; the first column to be headed "For Ratifying ;" the other, to be headed, "For Rejecting." And sdch officei's, keeping said Polls open for the space of three days, shall then and there receive, and record in said Poll Book, the votes for and against this Constitution and Schedule, of aU per- sons qualified, under tlie existing or amended Constitution to exercise the right of suffrage. 4. The taking of the polls, the duties to be performed by the officers, the privi- lege of the voters, and the penalties attaching for misconduct on the part of any person, shall be, in all things, as prescribed by the second, third, fourtli, seventh, eighth and ninth sections of the act of the General Assembly, passed March the fourth, one thousand eight hundred and fifty, entitled " An act to take the sense of the people upon the call of a Convention, and providing for organizing the same," so far as the provisions of said sections may be applicable. 5. It shall be the duty of the Governor, upon receiving the returns of said offi- cers, to ascertain the result thereof, and forthwith to declare the same by his Pro- clamation, stating the aggregate vote in the State for and against the ratification of the amended Constitution and Schedule which shall be published at least once a week until the second Monday in December next, in such newspapers as, in Iris opinion, will be best calculated to diffuse general information thereof: and if it ap- pear tiiat a majority of the votes cast is in favor of ratification, the Governor, at the same time, and in like manner, shall make Proclamation for holding, on the dny last mentioned, a General Election throughout the State for Delegates and Senators to the General Assembly, according to the apportionment and districts prescribed in this Constitution ; and also for the election of a Governor, Lieutenant GoveiTior, and Attorney General. 6. The officers authorized by existing laws to hold and conduct General Elec- 254w CONSTITUTION OF tions, shall hold and conduct the elections herein required, and *such officers and all other persons shall be governed and controlled therein by the provisions of said laws, so far as the same may be applicable to, and necessary for, the proper con- ducting of the said elections. Duplicate poUs shall be separately kept for Go- vernor and Lieutenant Governor, for Attorney General, and for Senators and De- legates to the Geneial Assembly, which shall be verified by the oaths of the officers conducting the elections. 7. The verified duplicate polls for Governor, Lieutenant Governor and Attorney General, shall be deposited with the Clerks of the several Counties and Cities, who shall retain one in their respective offices, and transmit the other, by mail, to the Secretary of the Commonwealth. 8. In the election of Senators and Delegates for districts formed of more than one County and City, the officers conducting the same, at the court-houses of the several Counties and Cities forming eacli District, shall assemble on the eighth day after the commencement of the said election at the court-house of the County or City first named as one of the Counties of the District, shall compare the polls and ascertain the result : and shall deliver and return certificates of election ac- cording to the laws now in force. 9. TJie members of the General Assembly so elected shall meet at the Capitol, in the City of Richmond, on the second Monday in January, in the year one thou- sand, eigiit hundred and fifty-two, and then and there organize as the General Assembly of Virginia ; but before such organization, they shall respectively take the oath of fidelity to the Commonwealth, and the other oaths of office required by the laws now in force. 10. The election of Members of the General Assembly under tins Constitution shall vacate the seats of those elected under the present Constitution. 11. The official terms of the Delegates first elected to the General Assembly under this Constitution shall expire on the thirtieth day of June, in, the year one thousand eight hundred and fifcy-three. 12. The official terms of the first Governor, Lieutenant Governor and Attorney General elected under this Constitution, shall expire on the thirty-first day of December, in the year one thousand eight hundred and fifty-five. 13. The present Judges of the Supreme Court of Appeals and of the Circuit Courts, and their successors, who may be appointed under the existing Constitu- tion, shall renaain in office until such time as the law may prescribe for the com- mencement of the official terms of the Judges under the amended Constitution and no longer : which time, shall not be more than six months after the termination of the first session of the General Assembly under the amended Constitution. 14. The Executive Department of the Government shall remain as at present organized ; and the Governor and Councillors of State and their successors appointed under the existing Constitution, shall continue in office until a Governor elected under this Constitution shall be qualified ; and all otJier persons in office when this Constitution is adopted, except as is lierein otherwise expressly directed, shall con- tinue in office until their successors are qualified : and vacancies in office, happen- ing before such qualification, shall be filled in the manner now prescribed by law. 15. Ail the Courts of Justice now existing shall continue with their present jurisdiction until and except so far as the Judicial system may or shall be other- wise organized ; and aU laws in force when this Constitution is adopted, and not inconsistent therewith, and all rights, prosecutions, actions, claims and contracts shall remain and continue as if this Constitution was not adopted. 16. The General Assembly shall pass all laws necessary for carrying this Consti- tution into full effect and operation. Done in Convention, in the city of Richmond, on the first day of August, in the year of our Lord one thousand eight hundred and fifty-one, and in the seventy- sixth year of the Commonwealth of Virginia. JOHN Y. MASON, S. D. Whittle, J'resideru of the Ca ivention. Secretary of the Convention. NORTH CAROLINA. Sir Robert Heath, in 1630, obtained a grant of a territory south of Vur« ginia, which was named Carolina. The first settlement made in this State was at Albemarle, by emigrants from Virginia. These persons fled from religious persecution in Virginia, and here for many years they enjoyed free- dom and plenty. As Sir R. Heath had not complied with the conditions of his title, in 1663 this territory was granted to Lord Clarendon and others. They organized a government on very liberal principles, and adopted a Con- stitution which was prepared by the celebrated John Locke. This Constitu- tion provided that the Governor should hold his office during life, and that the ofiice should be hereditary. This Constitution created great disorder in the colony, and was abolished in 1693. In 1729 the Crown purchased from the proprietors the Carolinas for £17,500 sterling, and established two separate governments, called North and South Carolina. In 1776 this State adopted its Constitution, which, with a few modifications, continues to the present time. Area, 48,000 sq. miles. Pop. in 1850, 868,903. Slaves, 288,412. Free col- ored, 27,271, CONSTITUTION. Art. I. The legislative authority shall be vested in two distinct branches, both dependent on the people, to wit, a Senate and House of Commons. II. The Senate shall be composed of representatives, annually chosen by ballot, one for each county in the State. III. The House of Commons shall be composed of representa- tives, annually chosen by ballot, two for each county, and one for 256 CONSTITUTION OF eaeli of tlie towns of Edenton, Newborn, Wilmington. Salisbury. Hillsborough, and Halifax. IV. The Senate and House of Commons, assembled for the pur- pose of legislation, shall be denominated the General Assembly. V. Each member of the Senate shall have usually resided in the county in which he is chosen for one year immediately preceding his election, and for the aame time shall have possessed,and continue to possess, in the county which he represents, not less than throe hundred acres of land in fee. VI. Each member of the House of Commons shall have usually resided in the county in which he is chosen for one year immedi ately preceding his election, and for six months shall have possessed, and continue to possess, in the county which he represents, not less than one hundred acres of land in fee, or for the term of his own life. VII. All freemen of the age of twenty-one years, who have been inhabitants of any one county within the State twelve months im- mediately preceding the day of any election, and possessed of a free- hold, within the same county, of fifty acres of land, for six months nest before, and at the day of election, shall be entitled to vote for a member of the Senate. VIII. All freemen of the age of twenty-one years, who have been inhabitants of any one county within the State twelve months immediately preceding the day of any election, and shall have paid public taxes, shall be entitled to vote for members of the House of Commons, for the county in which he resides. IX. All persons possessed of a freehold, in any town in this State, having a right of representation, and also all freemen, who have been inhabitants of any such town twelve months next before, and at the day of election, and shall have paid public taxes, shall be entitled to vote for a member to represent sucla town in the House of Com- mons : provided, always, that this section shall not entitle any in- habitant of such town to vote for members of the House of Com- mons for the county in which he may reside ; nor any freeholder in such county, who resides without or beyond the limits of such town, to vote for a member of the said town. X. The Senate and House of Commons, when met, shall each have power to choose a Speaker and other their officers ; be judges of the qualifications and elections of their members ; sit upon their own adjournments from day to day ; and prepare bills to be passed into laws. The two houses shall direct writ of election, for supply- ing intermediate vacancies : and shall also jointly, by ballot, adjourn themselves to any future day and place. XI. All bills shall be read three times in each house, before they pass into laws, and be signed by the speakers of both houses.- XII. Every person, who shall be chosen a member of the Senate or House of Commons, or appointed to any office or place of trust, before taking his seat, or entering upon the execution of his office. NORTH CAROLINA. 257 shall take an oath to the State": and all officers shall take an oath of office. XIII. The General Assembly shall, by joint ballot of both houses, appoint judges of the supreme courts of law and equity, judges of admiralty, and attorney-general, who shall be commissioned by the Governor, and hold their offices during good behavior. XIV. The Senate and House of Commons shall have power to appoint the generals and field officers of the militia, and all officers of the regular army of this State. XV. The Senate and House of Commons, jointly, at their first meeting after each annual election, shall by ballot, elect a Gover- nor for one year, who shall not be eligible to that office longer than three years, in .six successive years ; that no person under, thirty years of age, and who has not been a resident in this State above five years, and having, in the State, a freehold in lands and tene- ments, above the value of one thousand pounds, shall be eligible as a Governor. XVI. The Senate and House of Commons, jointly, at their first meeting, after each annual election, shall, by ballot, elect seven per- sons to be a Council of State for one year ; who shall advise the Governor in the execution of his office : and that four members shall be a quorum; their advice and proceedings shall be entered in a journal, to be kept for that purpose only, and signed by the mem- bers present ; to any part of which any member present may enter his dissent.. And such journal shall be laid before the General As- sembly when called for by them. XVII. There shall be a seal of this State, which shall be kept by the Governor, and used by him as occasion may require ; and shall be called, the great seal of the Slate of North Caroliyia, and shall be affixed to all grants and commissions. XVIII. The Governor, for the time being, shall be captain-gen- eral an J commander-in-chief of the militia ; and in the recess of the General Assembly, shall have power, by and with the advice of the Council of State, to embody the militia for the public safety. XIX. The Governor, for the time being, shall have power to draw for and apply such sums of money as shall be voted by the General Assembly, for the contingencies of government, and be accountable to them for the same. He also may, by and with the advice of the Council of State, lay embargoes, or prohibit the exportation of any commodity, for any term not exceeding thirty days, at any one time in the recess of the General Assembly ; and shall have the power of granting pardons and reprieves, except where the prosecution shall be carried on by the General xissembly, or the law shall otherwise direct ; in which case he may, in the recess, grant a reprieve until the next sitting of the General Assembly ; and he may exercise all the other executive powers of government, limited and restrained, as by this Constitution is mentioned, and according to the laws of the State. And, on his death, inability, or absence from the State, 258 CONSTITUTION OF the Speaker of the Senate, for the time being, and in case of hia death, inability, or absence from the State, the Speaker of the House of Commons, shall exercise the powers of government, after such death, or during such absence or inability of the Governor, or Speaker of the Senate, or until a new nomination is made by the G-eneral Assembly. XX. In evoi-y case where any officer, the right of whose appoint- ment is by this Constitution vested in the G-eneral Assembly, shall, during their recess, die, or his office by other means become vacant, the Governor shall have power, with the advice of the Council of. State, to fill up such vacancy, by granting a temporary commission, which shall expire at the end of the next session of the General Assembly. XXI. The Governor, judges of the supreme court of law and equity, judges of admiralty, and attorney -general, shall have adequate salaries, during their continuance in office. XXII. The General Assembly shall, by joint ballot of both houses, annually appoint a treasurer or treasurers for this State. XXIII. The Governor, and other officers offending against the State, by violating any part of this Constitution, maladministration, or corruption, may be prosecuted, on the impeachment of the Gene- ral Assembly, or presentment of the grand jury of any court of su- preme jurisdiction in this State. XXI y. The General Assembly shall, by joint ballot of both houses, triennially appoint a Secretary for this State. XXV. No persons who heretofore have been, or hereafter may be receivers of public moneys, shall have a seat in either house of Gene- ral Assembly, or be eligible to any office in this State, until such person shall have fully accounted for, and paid into the treasury, all sums for which they may be accountable and liable. XXVI. No treasurer shall have a seat, either in the Senate, House of Commons, or Council of State, during his continuance in that office, or before he shall have finally settled his accounts with the public, for all the moneys which may be in his hands, at the ex- piration of his office, belonging to the State, and hath paid the same into the hands of the succeeding treasurer. XXVII. No officer in the regular army or navy, in the service and pay of the United States, of this State, or any other State, nor any contractor or agent for supplying such army or navy with cloth- ing or provisions, shall have a seat either in the Senate, House of Commons, or Council of State, or be eligible thereto ; and any mem ber of the Senate, House of Commons, or Council of State, being ap pointed to, and accepting of such office, shall thereby vacate bis seat. XXVIII. No member of the Council of State shall have 9- seat, either in the Senate or House of Commons. XXIX. No judge of the supreme court of law and equitj, oi judge of admiralty, shall have a seat in the Senate, House of Com mons, or Council of State. NORTH CAROLINA. 259 XXX. No Secretary of this State, Attorney-General, or clerk of any court of record, shall have a seat in the Senate, House of Com- mons, or Council of State. XXXI. No clergyman, or preacher of the gospel, of any denomi- nation, shall be capable of being a member of either the Senate, House of Commons, or Council of State, while he continues in the exercise of his pastoral function. XXXII. No person who shall deny the being of Grod, or the truth of the Protestant religion, or the divine authority of either the Old or New Testaments, or who shall hold religious principles incompati- ble with the freedom and safety of the State, shall be capable of holding any office, or place of trust or profit, in the civil department, within this State. XXXIII. The justices of the peace, within their respective coun ties in this State, shall in future be recommended to the Governoi for the time being, by the representatives in General Assembly ; and the Governor shall commission them accordingly : and the jus- tices, when so commissioned, shall hold their offices during good be- havior, and shall not be removed from office by the General Assem- bly, unless for misbehavior, absence, or inability. XXXIV. There shall be no establishment of any one religious church or denomination in this State, in preference to any other ; neither shall any person, on any pretence whatsoever, be compelled to attend any place of worship contrary to his own faith or judg- ment, nor be obliged to pay for the purchase of any glebe, or the building of any house of worship, or for the maintaiuance of any minister or ministry, contrary to what he believes right, or has vol- untarily and personally engaged to perform ; but all persons shall be at liberty to exercise their own mode of worship : provided, that nothing herein contained shall be construed to exempt preachers of treasonable or seditious discourses, from legal trial and punishment. XXXV. No person in the State shall hold more than, one lucra- tive office at any one time ; provided that no appointment in the militia, or the office of a justice of the peace, shall be considered as a lucrative office. XXXVI. All commissions and grants shall run in the name of the State of North Carolina, and bear test, and be signed by the Governor. All writs shall run in the same manner, and bear test, and be signed by the clerks of the respective courts. Indictments shall conclude, against the peace and dignity of the State. XXXVII. The delegates for this State to the Continental Con- gress, while necessary, shall be chosen annually by the General As- sembly, by ballot : but may be superseded, in the mean time, in the same manner ; and no person shall be elected to serve in that ca- pacity for more than three years successively. XXXVIII. There shall be a sheriff, coroner, or coroners, and constables, in each county within this State XXXIX. The person of a debtor, where there is not a strong pre- 260 CONSTITUTION OF ' sumption of fraud, shall not be continued in prison after delivering up, bonafide^ all his estate, real and personal, for the use of his credi- tors, in such manner as shall hereafter be regulated by law. All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or the presumption great. XL. Every foreigner who comes to settle in this State, havinpf first taken an oath of allegiance to the same, may purchase, or bj other just means, acquire, hold, and transfer land, or other real es- tate, and after one year's residence be deemed a free citizen. XLI. A school or schools shall be established by the Legisla- ture, for the convenient instruction of youth, with such salaries to the masters, paid by the public, as may enable them to instruct at low prices ; and, all useful learning shall be duly encouraged and promoted in one or more universities. XLII. No purchase of lands shall be made of the Indian natives, but on behalf of the public, by authority of the General Assembly. XLIII. The future Legislature of this State shall regulate en- tails, in such a manner as to prevent perpetuities. XLIV. The declaration of rights is hereby declared to be part of the Constitution of this State, and ought never to be violated on any pretence whatsoever. XLV. Any member of either house of General Assembly shall have liberty to dissent from and protest against any act or resolve which he may think injurious to the public, or any individual, and have the reasons of his dissent entered on the journals. XL VI. Neither house of the General Assembly shall proceed upon public business, unless a majority of all the members of such house are actually present ; and that upon a motion made and sec- onded, the yeas and nays, upon any question, shall be taken and en- tered on the journals : and that the journals of the proceedings of both houses of the General Assembly shall be printed, and made public, immediately after their adjournment. This Constitution is not intended to preclude the present Con- gress from making a temporary provision, for the well ordering of this State, until the General Assembly shall establish government agreeable to the mode herein before described. AMENDMENTS TO THE CONSTITUTION, Made in Convention, June 4, 1835, and ratified by the People, No- vember 9, to take effect January 1, 1836. ARTICLE I Sec. I. — 1. The Senate of this State shall consist of fifty repre- sentatives, biennially chosen by ballot, and to be elected by dis- tricts ; which districts shall be laid off by the General Assembly, at its first session after the year one thousand eight hundred and forty-one ; and afterwards, at its first session after the year one thousand eight hundred and fifty-one; and then every twenty NORTH CAROLINA. 261 years thereafter, in proportion to the public taxes paid into the treasury of the State, by the citizens thereof ; and the average of the public taxes paid by each county into the treasury of the State, for the five years preceding the laying off of the districts, shall be considered as its proportion of the public taxes, and constitute the basis of apportionment : Provided that no county shall be divided in the formation of a senatorial district. And when there are one or more counties having an excess of taxation above the ratio to form a senatorial district, adjoining a county or counties deficient in such ratio, the excess or excesses aforesaid shall be added to the taxation of the county or counties deficient ; and if, with such addi- tion, the county or counties receiving it shall have the requisite ratio, such county and counties each shall constitute a senatorial district. 2. The House of Commons shall be composed of one hundred and twenty representatives, biennially chosen by ballot, to be elected by counties according to their federal population, that is, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths ot all other persons ; and each county shall have at least one member in the House of Commons, although it may not contain the requi- site ratio of population. 3. This apportionment shall be made by the G-eneral Assembly, at the respective times and periods when the districts for the Senate are hereinbefore directed to be laid off; and the said apportionment shall be made according to an enumeration to be ordered by the General Assembly, or according to the census which may be taken by order of Congress, next preceding the making such apportionment. 4. In making the. apportionment in the House of Commons, the ratio of representation shall be ascertained by dividing the amount of federal population in the State, after deducting that compre- hended within those counties which do not severally contain the one hundred-and-twentieth part of the entire federal population afore- said, by the number of representatives less than the number assigned to the said counties. To each county containing the said ratio, and not twice the said ratio, there shall be assigned one representa- tive ; to each county containing twice, but not three times the said ratio, there shall be assigned two representatives, and so on progres- sively ; and then the remaining representatives shall be assigned severally to the counties having the largest fractions. Sec. II — 1. Until the first session of the General Assembly, which shall be had after the year eighteen hundred and forty-one, the Senate shall be composed of members to be elected from the several districts hereinafter named, that is to say, , the first district shall consist of the counties of Perquimons and Pasquotank ; the 2d dis- trict, of Camden and Currituck ; the 3d district, Gates and Chowan ; the 4th district, Washington and Tyrrell ; the 5th district, North- ampton ; the 6th district, Hertford ; the 7th district, Bertie ; the 262 CONSTITUnON OP 8th district, Martin ; the 9th district, Halifax; the 10th district. Nash ; the 1 1th district, Wake ; the 12th district, Franklin ; the 13th district, Johnston ; the 14th district, Warren; the 15th dis- trict, Edgecomb ; the 16th district, Wayne ; the 17tli district, Green and Lenoir; the 18th district, Pitt: the 19th district, Beaufort and Hyde; 1;he 20th district, Carteret and Jones; the 21st district. Craven ; the 22d district, Chatham ; the 23d district, Granville ; the 24th district, Person ; the 25th district, Cumberland ; the 26th district, Sampson ; the 27th district, New-Hanover ; the 28th dis- trict, Duplin ; the 29th district, Onslow; the 30th district. Bruns- wick, Bladen, and Columbus; the 31st district, Robeson and Rich- mond ; the 32d district, Anson ; the 33d district, Cabarrus ; the 34th district, Moore and Montgomery ; the 35th district, Caswell ; the 36th district, Rockingham ; the 37th district, Orange ; the 38th district, Randolph ; the 39th district, Guilford ; the 40th district, Stokes ; the 41st district, Rowan ; the 42d district, Davidson ; the 43d district, Surry ; the 44th district, Wilkes and Ashe ; the 45th district, Burke and Yancy ; the 46th district, Lincoln ; the 47th district Iredell ; the 48th district, Rutherford ; the 49th district, Buncombe, Haywood and Macon ; the 50th district, Mecklenburg ; — each district to be entitled to one senator. 2. Until the first session of the General Assembly after the year eighteen hundred and forty-one, the House of Commons shall be composed of members elected from the counties in the following manner, viz. : The counties of Lincoln and Orange shall elect four members each. The counties of Burke, Chatham, Granville, Guil- ford, Halifax, Iredell, Mecklenburg, Rowan, Rutherford, Surry, Stokes, and Wake shall elect three members each. The counties of Anson, Beaufort, Bertie, Buncombe, Cumberland, Craven, Caswell, Davidson, Duplin, Edgecomb, Franklin, Johnston, Montgomery, New-Hanover, Northampton, Person, Pitt, Randolph, Robeson, Richmond, Rockingham, Sampson, Warren, Wayne, and Wilkes shall elect two members each. The counties of Ashe, Bladen, Brunswick, Camden, Columbus, Chowan, Currituck, Carteret, Ca- barrus, Gates, Greene, Haywood, Hertford, Hyde, Jones, Lenoir, Macon, Moore, Martin, Nash, Onslow, Pasquotank, Perquimons, Tyrrell, Washington, and Yancy shall elect one member each. Sec. III. — 1. Each member of the Senate shall have usually re- sided in the district for which he is chosen for one year immediately preceding his election, and for the same time shall have possessed and continue to possess in the district which he represents, not less than three hundred acres of land in fee. 2. All free men of the age of twenty-one years, (except as is herein- after declared) who have been inhabitants of any one district within the State twelve months immediately preceding the day of any election, and possessed of a freehold within the same district of fifty acres of land, for six months next before and at the day of election, shall be entitled to vote for a member of the Senate. NORTH CAROLINA. 263 3. No free negro, free mulatto, or free person of mixed blood, de- scended from negro ancestors to the fourth generation inclusiYe, (though one ancestor of each generation may have been a white per- son,) shall vote for members of the Senate or House of Commons. Sec. IV. — 1. In the election of all of&cers, whose appointment is conferred on the General Assembly by the Constitution, the votes shall be viva voce. 2. The General Assembly shall have power to pass laws regula- ting the mode of appointing and removing militia oflicers. 3. The General Assembly shall have power to pass general laws regulating divorce and alimony, but shall not have power to grant a divorce or secure alimony in any individual case. 4. The General Assembly shall not have power to pass any private law to alter the name of any person, or to legitimate any persons not born in lawful wedlock, or to restore to the rights of citizenship any person convicted of an infamous crime ; but shall have power to pass general laws regulating the same. 5. The General Assembly shall not pass any private law, unless it shall be made to appear that thirty days notice of application to pass such law shall have been given, under such directions and in such manner as shall be provided by law. 6. If vacancies shall occur by death, resignation or otherwise, before the meeting of the General Assembly, writs may be issued by law. the Governor, under such regulations as may be prescribed by 7. The General Assembly shall meet biennially, and at each bien- nial session shall elect, by joint vote of the two houses, a Secretary of State, Treasurer, and Council of State, who shall continue in office for the term of two years. ARTICLE II. Sec. 1. The Governor shall be chosen by the qualified voters for the members of the House of Commons, at such time and places as members of the General Assembly are elected. 2. He shall hold his office for the term of two years from the time of his installation, and until another shall be elected and qualified : but he shall not be eligible more than four years in any term of sis years 3. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, by the returning officers, directed to the Speaker of the Senate, who shall open and publish them in the presence of a majority of the members of both houses of the General Assembly. The person having the highest number of votes shall be Governor ; but if two or more shall be equal and highest in votes, one of them shall be chosen Governor by joint vote of both houses of the General Assembly. 4. Contested elections for Governor shall be determined by both houses of the General Assembly, in such manner as shall be pre- scribed by law. 5. The Governor elect shall enter on the duties of the office on 20 / ; 264 CONSTITUTION OF the first day of January nest after his election, having previously taken the oaths of oifice in the presence of the members of both branches of the General Assembly, or before the Chief Justice of the Supreme Court, who, in case the Grovernor elect should be prevented from attendance before the General Assembly, by sickness or other unavoidable cause, is authorized to administer the same. AKTICLE III. Sec. I. — 1. The Governor, judges of the Supreme Court, and judges of the Superior Courts, and all other officers of this State, (except jiTStices of the peace and militia officers,) may be impeached for wilfully violating any article of the Constitution, maladministra- tion, or corruption. 2. Judginent in cases of impeachment shall not extend further than to remove from office and disqualification to hold and enjoy any office of honor, trust, or profit under this State ; but the party con- victed may nevertheless be liable to indictment, trial, judgment, and punishment, according to law. 3. The House of Commons shall have the sole power of impeach- ment. The Senate shall have the sole power to try all impeachments. No person shall be convicted upon any impeachment, unless two- thirds of the senators present shall concur in such conviction ; and before the trial of any impeachment, the members of the Senate shall take an oath or affirmation truly and impartially to try and determine the charge in question, according to evidence. Sec. II. — 1. Any judge of the Supreme Court, or of the Superior Courts, may be removed from office for mental or physical inability, upon a concurrent resolution of two-thirds of both branches of the General Assembly. The judge against whom the Legislature may be about to proceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days be- fore the day on which either branch of the General Assembly shall act thereon. The salaries of the judges of the Supreme Court, or of the Superior Courts, shall not be diminished during their continuance in office. Sec. III. Upon the conviction of any justice of the peace of any infamous crime, or of corruption or mal-practice in office, the com- mission of such justice shall be thereby vacated, and he shall be for- ever disqualified from holding such appointment. Sec. IV. The General Assembly, at its first session after the year one thousand eight hundred and thirty-nine, and from time to time thereafter, shall appoint an Attorney-General, who shall be commissioned by the Governor, and shall hold his office for the term of four years ; but if the General Assembly should hereafter extend the term during which solicitors of the State shall hold their offices, then they shall have power to extend the term of office of the At- torney-General to the same period. NORTH CAROLINA. 265 ARTICLE IV. Sec. I. — 1. No convention of the people shall be called By the General Assembly, unless by the concurrence of two-thirds of all the members of each house of the General Assembly. 2. No part of the Constitution of this State shall be altered, un- less a bill to alter the same shall have been read three times in each house of the General Assembly, and agreed to by three-fifths of the whole number of members of each house respectively ; nor shall any alteration take place until the bill so agreed to shall have been pub- lished six months previous to a new election of members to the General Assembly. If, after such publication, the alteration pro- posed by the preceding General Assembly shall be agreed to in the first session thereafter, by two thirds of the whole representation in each house of the General Assembly, after the same shall have been read three times on three several days, in each house, then the said General Assembly shall prescribe a mode by which the amendment or amendments may be submitted to the qualified voters of the House of Commons throughout the State ; and if, upon comparing the votes given in the whole State, it shall appear that a majority of the voters have approved thereof, then, and not otherwise, the same shall become a part of the Constitution. Sec. II. The thirty-second section of the Constitution shall be amended to read as follows : No person who shall deny the being of God, or the truth of the Christian religion, or the divine authority of the Old or New Testament, or who shall hold religious principles incompatible with the freedom or safety of the State, shall be capa- ble of holding any office or place of trust or profit in the civil de- partment within this State. Sec. III. — 1. Capitation tax shall be equal throughout the State, upon all individuals subject to the same. 2. All free males over the age of twenty-one years, and under the age of forty-five years, and all slaves over the age of twelve years, and under the age of fifty years, shall be subject to capitation tax, and no other person shall be subject to such tax: provided, that nothing herein contained shall prevent exemptions of taxable polls, as heretofore prescribed by law, in cases of bodily infirmity. Sec. IV. No person who shall hold any office or place of trust or profit under the United States, or any department thereof, or under this State, or any other State or government, shall hold or exei'cise any other office or place of trust or profit under the authority of this State, or be eligible to a seat in either house of the General Assem- bly : provided, that nothing herein contained shall extend to officers in the militia or justices of the peace. SOUTH CAROLINA The first settlement in South Carolina was made al Port Royal, in 1670. The following year a settlement was commenced at Old Charleston (above its present state.) In 1680 they abandoned that location, and laid the founda- tion of the present city of Charleston. In 1690 a colony of French refugees* settled in this State. In 1703 the Church of England was established by law. But things were in a very unsettled state for some time, and in 1719 the colo- nists renounced the proprietory government. In 1629 the territory was pur- chased of the proprietors, as narrated in the account of North Carolina. In 1752 about 1600 foreign Protestants, who had fled from persecution, arrived in Carolina, which added much interest to its settlement. This State suffered much in wars with the Indians, The first Constitution was formed in 1775 — the present one in 1790. The British troops occupied Charleston in 1780. Several hard battles were fought in this State, the most important of which was at Eutaw Springs, in 1781, which in effect terminated the war in this State. Area 25,000 sq. m. Pop. 1850, 668,507, of which 384,925 are slaves, Freo blacks, 8,769. Huguenots. SOUTH CAROLINA. 267 CONSTITUTION. We, the Delegates of the People of the State of South Carolina, in general Convention met, do ordain and establish this Constitution for its government. ARTICLE I. Sec. 1. The legislative authority of this State shall he vested in a Greneral Assembly, which shall consist of a Senate and House of Representatives. 2. The House of Representatives shall be composed of members chosen by ballot, every second year, by the citizens of this State, qualified as in this Constitution is provided. 3. The several election districts in this State shall elect the fol- lowing number of representatives, viz. : Charleston, including St. Philip and St. Michael, fifteen members ; Christ Church, three members ; St. John, Berkley, three members ; St. Andrew, three members : St. George, Dorchester, three members ; St. James, Goose Creek, three members ; St. Thomas and St. Dennis, three members ; St. Paul, three members ; St. Bartholomew, three members ; St. James, Santee, three members ; St. John, Colleton, three members ; St. Stephen, three members ; St. Helena, three members ; St. Luke, three members ; Prince William, three mem- bers ; St. Peter, three members ; All Saints, (including its ancient boundaries,) one member ; Winyaw, (not including any part of All Saints,) three members ; Kingston, (not including any part of All Saints,) two members ; "Williamsburg, two members ; Liberty, two members ; Marlborough, two members ; Chesterfield, two members ; Darlington, two members ; York, three members ; Chester, two members ; Fairfield, two members ; Richland, two members ; Lan- caster, two members ; Kershaw, two members ; Claremont, two members ; Clarendon, two members ; Abbeville, three members ; Edgefield, three members ; Newberry, (including the fork between Broad and Saluda rivers,) three members ; Laurens, three mem- bers ; Union, two members ; Spartan, two members ; Greenville, two members ; Pendleton, three members ; St. Matthew, two mem- bers ; Orange, two members ; Winton, (including the district be- tween Savannah river, and the north fork of Edisto,) three members ; Saxe Gotha, three members. 4. Every free white man, of the age of twenty one years, being a citizen of this State, and having resided therein two years previous to the day of election, and who hath a freehold of fifty acres of land, or a town lot, of which he hath been legally seized and possessed, at least six months before such election, or, not having such freehold or town lot, hath been a resident in the election district, in which he offers to give his vote, six months before the said election, and hath paid a tax the preceding year of three shillings sterling towards 268 CONSTITUTION OP tlie support of this government, shall have a right to vote for a member or members, to serve in either branch of the Legislature, for the election district in which he holds such property, or is • so resident. 5. The returning officer, or any other person present, entitled to vote, may require any person who shall oifer his vote at an election, to produce a certificate of his citizenship, and a receipt from the tax collector of his having paid a tax, entitling him to vote, or to swear, or affirm, that he is duly qualified to vote agreeably to this Constitution. 6. No person shall be eligible to a seat in the House of Repre- sentatives, unless he is a free white man, of the age ef twenty-one years, and hath been a citizen and resident in this State three years previous to his election. If a resident in the election district, he shall not be eligible to a seat in the House of Representatives, unless he be legally seized and possessed, in his own right, of a settled freehold estate of five hundred acres of land, and ten negroes ; or of a real estate, of the value of one hundred and fifty pounds sterling, clear of debt. If a non-resident, he shall be legally seized and possessed of a settled freehold estate therein, of the value of five hundred pounds sterling, clear of debt. 7. The Senate shall be composed of members to be chosen for four years, in the following proportions, by the citizens of this State, qualified to elect members to the House of Representatives, at the same time, in the same manner, and at the same places, where they shall vote for representatives, viz. : Charleston, (including St. Philip and St. Michael,) two members ; Christ Church, one member ; St. John, Berkeley, one member ; St. Andrew, one member ; St. George, one member ; St. James, Goose Creek, one member ; St. Thomas and St. Dennis, one member ; St. Paul, one member ; St. Bartholo- mew, one member ; St. James, Santee, one member ; St. John, Col- leton, one member ; St. Stephens, one member ; St. Helena, one member ; St. Luke, one member ; Prince William, one member ; St. Peter, one member ; All Saints, one member ; Winyaw and Wil liamsburgh, one member : Liberty and Kingston, one member ; Marl- borough, Chesterfield and Darlington, two members ; York, one mem- ber ; Fairfield, Richland and Chester, one member ; Lancaster and Kershaw, one member ; Claremont and Clarendon, one member ; Abbeville, one member ; Edgefield, one member ; Newbury, (includ- ing the fork between Broad and Saluda rivers,) one member ; Lau- rens, one member ; Union, one member ; Spartan, one member ; Greenville, one member ; Pendleton, one member ; St. Matthew and Orange, one member ; Winton, (including the district between Sa- vannah river and the north fork of Edisto,) one member ; Saxe Gotha, one member. 8. No person shall be eligible to a seat in the Senate, unless he is a free white man, of the age of thirty years, and hath been a citizen and resident in this State five years p.vevious to his election. If a SOUTH CAROLINA. 269 resident in the election district, he shall not be eligible unless he be legally seized and possessed, in his own right, of a settled free- hold estate of the value of three hundred pounds sterling, clear of debt. If a non-resident in the election district, he shall not be eli- gible unless he be legally seized and possessed, in his own right, of a settled freehold estate, in the said district, of the value of one thousand pounds sterling, clear of debt 9. Immediately after the senators shall be assembled, in consequence of the first election, they shall be divided by lot into two classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, and of the second class, at the end of the fourth year ; so that one-half thereof, as near as possible, may be chosen, forever thereafter, every second year, for the term of four years. 10. Senators and members of the House of Kepresentatives shall be chosen on the second Monday in October next, and the day fol- lowing : and on the same days in every second year thereafter, in such manner, and at such times, as are herein directed ; and shall meet on the fourth Monday in November annually, at Columbia, (which shall remain the seat of government until otherwise deter- mined, by the concurrence of two-thirds of both branches of the whole representation,) unless the casualties of war, or contagious disorders should render it unsafe to meet there ; in either of which cases, the Grovernor or commander-in-chief for the time being may, by proclamation, appoint a more secure and convenient place of meeting. 11. Each house shall judge of the elections, returns, and qualifi- cations of its own members ; and a majority of each house shall con- stitute 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 may be provided by law. 12. Each house shall choose by ballot its own of&cers, determine its rules of proceeding, 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. 13. Each house may punish, by imprisonment, during sitting, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in its presence — or who, during the time of its sitting, shall threaten harm to body or estate of any member, for anything said or done in either house ; or who shall assault any of them therefor ; or who shall assault or arrest any witness or other person ordered to attend the house, in his going to or returning therefrom ; or who shall rescue any person arrested by order of the house. 14. The members of both houses shall be protected in their per- sons and estates, during their attendance on. going to, and returning from the Legislature, and ten days previous to their sitting, and ten 270 CONSTITUTION OF days after the adjournment of the Legislature. But these privileges shall not be extended so as to protect any member who shall be charged with treason, felony, or breach of the peace. 1 5. Bills for raising a revenue shall originate in the House of Rep- resentatives, but may be altered, amended, or rejected by the Senate. All other bills may originate in either house, and may be amended, altered, or rejected by the other. 16. No bill or ordinance shall have the force of law, until it shall have been read three times, and on three several days, in each house, has had the Great Seal affixed to it, and has been signed, in the Senate-House, by the President of the Senate and Speaker of the House of Representatives. 17. No money shall be drawn out of the public treasury, but by the legislative authority of the State. 18. The members of the Legislature, who shall assemble under this Constitution, shall be entitled to receive out of the public trea- sury, as a compensation for their expenses, a sum not exceeding seven shillings sterling a day, during their attendance on, going to, and returning from the Legislature : but the same may be increased or diminished by law, if circumstances shall require ; but no alterations shall be made by any Legislature, to take effect during the existence of the Legislature which shall make such alteration. 19. Neither house shall, during their session, 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. 20. No bill or ordinance, which shall have been rejected by either house, shall be brought in again during the sitting, without leave of the house, and notice of six days being previously given. 21. No person shall be eligible to a seat in the Legislature whilst he holds any office of profit or trust under this State, the United States, or either of them, or under any other power — except officers in the militia, army, or navy of this State, justices of the peace, or justices of the county courts, while they receive no salaries ; nor shall any contractor of the army or navy of this State, the United States, or either of them, or the agents of such contractor, be eligi- ble to a seat in either house. And if any member shall accept or exercise any of the said disqualifying offices, he shall vacate his seat. 22. If any election district shall neglect to choose a member or members, on the days of election, or if any person chosen a member of either house shall refuse to qualify and take his seat, or should die, depart the State, or accept any disqualifying office, a wi'it of election shall be issued by the President of the Senate, or Speaker of the House of Representatives, as the case may be, for the purpose of filling up the vacancy thereby occasioned, for the remainder of the term for which the person so refusing to qualify, dying, depart- ing the State, or accepting a disqualifying office, was elected to serve. SOUTH CAROLINA. 271 23. And whereas the ministers of the Grospel are, by their pro- fession, dedicated to the service of God, and the care of souls, and ought not to be diverted from the great duty of their functions : therefore, no minister of the Gospel, or public preacher, of any re- ligious persuasion, whilst he continues in the exercise of his pastoral functions, shall be eligible to the office of Governor, Lieutenant- Governor, or a seat in the Senate or House of Representatives. ARTICLE IL Sec. 1. The executive authorit}'- of this State shall be invested in a Governor, to be chosen in manner following : as soon as may be, after the first meeting of the Senate and House of Representatives, and at every first meeting of the House of Representatives thereaf- ter, when a majority of both houses shall be present, the Senate and House of Representatives shall, jointly, in the House of Representa- tives, choose, by ballot, a Governor, to continue for two years, and until a new election shall be made. 2. No person shall be eligible to the office of Governor, unless he hath attained the age of thirty years, and hath resided within this State, and been a citizen thereof, ten years, and unless he be. seized and possessed of a settled estate within the same, in his own right, of the value of fifteen hundred pounds sterling, clear of debt. No person, having served two years as Governor, shall be re-eligible to that office, till after the expiration of four years. No person shall hold the office of Governor, or any other office or commission, civil or military, except in the militia, either in this State or under any State, or the United States, or in any other power, at one and the same time. 3. A Lieutenant-Governor shall be chosen at the same time, in the same manner, continue in office for the same period, and be pos- Bessed of the same qualifications, as the Governor. 4. A member of the Senate or House of Representatives, being chosen, and acting as Governor or Lieutenant-Governor, shall va- cate his seat, and another person shall be elected in his stead. 5. In case of the impeachment of the Governor, or his removal from office, death, resignation, or absence from the State, the Lieu- tenant-Governor shall succeed to his office. And in case of the im- peachment of the Lieutenant-Governor, or his removal from office, death, resignation, or absence from the State, the President of the Senate shall succeed to his office, till a nomination to those offices respectively shall be made by the Senate and House of Representa- tives, for the remainder of the time for which the officer so impeach- ed, removed from office, dying, resigning, or being absent, was elected. 6. The Governor shall be commander-in-chief of the army and navy of this State, and of the militia, except when they shall be called into the actual service of the United States. 272 CONSTITUTION OF 7. He shall have power to grant reprieves and pardons, after con- viction, except in cases of impeachment, in such manner, on such terms, and under restrictions, as he shall think proper, and he shall have power to remit fines and forfeitures, unless otherwise directed by law. 8. He shall take care that the laws be faithfully executed in mercy. 9. He shall have power to prohibit the exportation of provision, for any time not exceeding thirty days. 10. He shall, at stated times, receive for his services a compensa- tion, which shall neither be increased or diminished during the period for which he shall have been elected. 11. All officers in the executive department, when required by the Grovernor, shall give him information, in writing, upon any sub- ject relating to the duties of their respective offices. 12. The Grovernor shall, from time to time, give to the Gleneral Assembly information of the condition of the State, and recom- mend to their consideration such measures as he shall judge neces- sary or expedient. 13. He may, on extraordinary occasions, convene the Greneral Assembly, and, in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the fourth Monday in the month of November then ensuing. AUTICLE III. Sec. I. The judicial power shall be vested in such superior and inferior courts of law and equity, as the Legislature shall, from time to time, direct and establish. The judges of each shall hold their commissions during good behavior ; and judges of the superior courts shall, at stated times, receive a compensation for their services, which shall neither be increased or diminished during their continuance in office : but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust, under this State, the United States, or any other power. 2. The style of all processes shall be, " the State of South Caro- lina." All prosecutions shall be carried on in the name and by the authority of the State of South Carolina, and conclude — " against the peace and dignity of the same.'''' ARTICLE IV. All persons who shall be chosen or appointed to any office of profit or trust, before entering on the execution thereof, shall take the following oath : •' I do swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the office to which I have been appointed, and will to the best of my abilities. SOUTH CAROLINA. 273 discharge the duties thereof, and preserve, protect, and defend the Constitution of this State, and of the United States." ARTICLE V. Sec. 1. That the House of Representatives shall have the sole power of impeaching ; but no impeachment shall be made, unless with the concurrence of two-thirds of the House of Representatives. 2. All impeachments shall be tried by the Senate. When sit- ting for that purpose, the Senators shall be on oath or or affirma- tion : and no person shall be convicted without the concurrence of two-thirds of the members present. 3. The Grovernor, Lieutenant-Governor, and all the civil officers, shall be liable to impeachment for any misdemeanor in office ; but judgment in such cases shall not extend further than to a removal from office, and disqualification to hold any office of honor, trust, or profit, under this State. The party convicted shall, nevertheless, be liable to indictment, trial, judgment, and iiunishment, according to law. ARTICLE VI. Sec. 1. The judges of the superior courts, the commissioners of the treasury, Secretary of the State, and Surveyor-Greneral, shall be elected by the joint ballot of both houses, in the House of Repre- sentatives. The commissioners of the treasury. Secretary of this State, and Surveyor-Greneral, shall hold their olfices for four years : but shall not be eligible again for four years after the expiration of the time for which they shall have been elected. 2. All other officers shall be appointed as they hitherto have been, until otherwise directed by law ; but sheriffs shall hold their offices for fotir years, and not be again eligible for four years after the term for which thoy shall have been elected. 3. All commissions shall be in the name and by the authority of the State of South Carolina, and be sealed with the seal of the State, and be signed by the Governor. ARTICLE Vn. All laws in force in this State at the passing of this Constitution, shall so continue until altered or repealed by the Legislature ; ex- cept where they are temporary, in which case they shall expire at the times respectively limited for their duration, if not continued by act of the Legislature. ARTICLE VIII. Sec. 1. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall, forever hereafter, be allowed within this State to all mankind : Provided, that the liberty of conscience thereby declared, shall not be so con- strued as to excuse acts of licentiousness, or justify practices incon- sistent with the peace or safety of this State. 274 co'nstitution of 2. The rights, privileges, immunities, and estates of both civil and religious societies and of corporated bodies, shall remain as if the Constitution of this State had not been altered- or amended. ARTICLE IX. Sec. 1. All power is originally vested in the people ; and all free governments are founded on their authority, and are instituted for their peace, safety, and happiness. 2. No freeman of this State shall be taken, or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or ex- iled, 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 : nor shall any bill of attainder, ex post facto law, or law im- pairing the obligation of contracts, ever be passed by the Legislature of this State. 3. The military shall be subordinate to the civil power. 4. Excessive bail shall not be required, nor excessive fines im- posed, nor cruel punishments inflicted. 5. The Legislature shall not grant any title of nobility or hered itary distinction, nor create any office, the appointment to which shall be for any longer time than during good behavior. 6. The trial by jury, as heretofore used in this State, and the lib- erty of the press, shall be forever inviolably preserved. ARTICLE X. Sec. 1. The business of the treasury shall be in future conducted by two treasurers, one of whom shall hold his office and reside in Columbia ; and the other shall hold his office and reside in Charles- ton. 2. The Secretary of State and Survey or-Greneral shall hold their offices both in Columbia and in Charleston. They shall reside at one place, and their deputies at the other. 3. At the conclusion of the circuits, the judges shall meet and sit at Columbia, for the purpose of hearing and determining all motions which may be made for new trials, and in arrest of judgments, and such points of law as may be submitted to them. From Columbia they shall proceed to Charleston, and there hear and determine all such motions for new trials, and in arrest of judgment, and such points of law as may be submitted to them. 4. The Grovernor shall always preside, during the sitting of the Legislature, at the place where their sessions may be held, and at all other times, wherever, in his opinion, the public good may re- quire. 5. The Legislature shall, as soon as may be convenient, pass laws for the abolition of the rights of primogenitures, and for giving an equitable distribution of the real estate of intestates. SOUTH CAROLINA. 275 ARTICLE XL No convention of the people shall be called, unless by the concur- rence of two-thirds of both branches of the whole representation. No part of this Constitution shall be altered, unless a bill to alter the same shall have been read three times in the House of Repre- sentatives, and three times in the Senate, and agreed to by two-thirds of both branches of the whole representation ; neither shall any al- teration take place until the bill so agreed to be published three months previous to a new election for members to the House of Rep- resentatives ; and if the alteration proposed by the Legislature shall be agreed to in their first session by two-thirds of the whole repre- sentation in both branches of the Legislature, after the same shall have been read three times, on three several days in each house, then and not otherwise, the same shall become a part of the Constitution. AMENDMENTS TO THE CONSTITUTION. Amendments ratified December 17, 1808. The following sections, in amendment of the third, seventh, and ninth sections of the first article of the Constitution of this State, shall be, and they are hereby declared to be, valid parts of the said Constitution ; and the said third, seventh, and ninth sections, or such parts thereof as are repugnant to such amendments, are hereby re- pealed and made void. Sec. 1. The House of Representatives shall consist of one hun- dred and twenty four members, to be apportioned among the several election districts of the State, according to the number of white in- habitants contained, and the amount of all taxes raised by the Leg- islature, whether direct or indirect, or of whatever species, paid in each, deducting therefrom all taxes paid on account of property held in any other district, and adding thereto all taxes elsewhere paid on account of property held in such district. An enumeration of the white inhabitants, for this purpose, shall be made in the year one thousand eight hundred and nine, and in the course of every tenth year thereafter, in such manner as shall be by law directed : and representatives shall be assigned to the diflferent districts in the above mentioned proportion, by act of the Legislature, at the ses- sion immediately succeeding the above numeration. 2. If the enumeration herein directed should not be made in the course of the year appointed for the purpose by these amendments, it shall be the duty of the Governor to have it effected as soon thereafter as shall be practicable. 3. In assigning representatives to the several districts of the 276 CONSTITUTION OP State, the Legislature shall allow one representative for every sixty-second part of the whole number of white inhabitants in the State ; and one representative also for every sixty-second part of the whole taxes raised by the Legislature of the State. The Legisla- ture shall further allow one representative for such fractions of the sixty-second part of the white inhabitants of the State, and of the sixty-second part of the taxes raised by the Legislature of the State, as, when added together, form a unit. 4. In every apportionment of representation under these amend- ments, which shall take place after the first apportionment, the amount of taxes shall be estimated from the average of the ten preced- ing years ; but the first apportionment shall be founded upon the tax of the preceding year, excluding from the amount thereof the whole produce of the tax on sales at public auction. 5. If, in the apportionment of representatives under these amend- ments, any election district shall appear not to be entitled, from its population and its taxes, to a representative, such election district shall, nevertheless, send one representative ; and, if there should be still a deficiency of the number of representatives required by these amendments, such deficiency shall be supplied by assigning repre- sentatives to those election districts having the largest surplus fractions ; whether those fractions consist of a combination of popu- lation and of taxes, or of population or of taxes separately, until the number of one hundred and twenty-four members be provided. 6. No apportionment, under these amendments shall be con- strued to take effect, in any manner, until the general election which shall succeed such apportionment. 7. The election districts, for members of the House of Representa- tives, shall be and remain as heretofore established, except Saxe Grotha and Newberry ; in which the boundaries shall be altered, as follows, viz : That part of Lexington in the fork of Broad and Sa- luda rivers, shall no longer compose a part of the election district of Newberry, but shall be henceforth attached to, and form a part of Saxe Gotha. And, also, except Orange and Barnwell, or Winton, in which the boundaries shall be altered as follows, viz. : That part of Orange in the fork of Edisto shall no longer compose a part of the election district of Barnwell, or Winton, but shall be henceforth attached to, and form a part of, Orange election district. 8. The Senate shall be composed of one member from each elec- tion district, as now established for the election of members of the House of Bepresentatives, except the district formed by the par- ishes of St. Philip and St. Michael, to which shall be allowed two senators, as heretofore. 9. The seats of those senators who under the Constitution shall represent two or more election districts, on the day preceding the second Monday of October, which will be in the year one thousand eight hundred and ten, shall be vacated on that day, and the new senators who shall represent such districts under these amend SOUTH CAROLINA. 277 ments, shall, immediately after they shall have been assembled un- der the first election, be divided by lots into two classes ; the seats of the senators of the first class shall be vacated at the expiration of the second year, and of the second class, at the expiration of the fourth year ; and the number in these classes shall be so propor- tioned, that one-half of the whole number of senators may, as nearly as possible, continue to be chosen thereafter every second year. 10. None of these amendments becoming parts of the Constitu- tion of this State shall be altered, unless a bill to alter the same shall have been read on three several days in the House of Repre- sentatives, and on three several days in the Senate, and agreed to at the second and third reading by two-thirds of the whole repre- sentation in each branch of the Legislature ; neither shall any alter- ation take place, until the bill so agreed to be published three months previous to a new election for members to the House of Representatives ; and if the alteration proposed by the Legislature shall be agreed to in their first session, by two-thirds of the whole representation, in each branch of the Legislature, after the same shall have been read on three several days in each house, then, and not otherwise, the same shall become a part of the Constitution. Amendment ratified December 19, 1816. That the third section of the tenth article of the Constitution of this State be altered and amended to read as follows : The judges shall, at such times and places as shall be prescribed by act of the Legislature of this State, meet and sit for the purpose of hearing and determining all motions which may be made for new trials, and in arrest of judgment, and such points of law as may be sub- mitted to them. GEORGIA. Georgia was the latest settled of the original thirteen States. In 17S2, George II. (for whom the State was named), granted this territoiy to a a company of benevolent individuals, for the purpose of providing an asylum for the poor of England, and for the persecuted Protestants of all nations. The affairs of the colony were committed to a board of 20 trustees. In 1733 James Oglethorpe, with 130 emigrants, commenced a settlement at Savannah The next year a large number of poor persons arrived. But many of these emigrants were fomid to be idle and inefficient. This led the trustees to make liberal offers to any who would settle in this colony. By this hundreds were induced to come over from Scotland, Germany, and Switzerland. In 1740 as many as 2500 emigrants had settled in this colonj^, of whom more than 1500 were the poor of Europe, and for whose support the trustees had expended S500,000. But the trustees, being disappointed in their expectations, gave up their charter in 1752, and Georgia was brought under regulations similar to the other colonies. The first Constitution was formed in 1777. the second in 1785, and the present one in 1798 — and was amended in 1839. Area 58,000 sq. m. Pop. 1850, 905,999, of which 362,966 were slaves, and 2,586, Free blacks. CONSTITUTION. Sec. ARTICLE I. 1 . The legislative, executive, and judiciary departments of government shall be distinct, and each department shall he confided to a separate body of magistracy ; and no person or collection of persons, being of one of those departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted. GEORGIA. 279 2. The legislative power shall be vested in two separate and dis- tinct branches, to wit : a Senate and House of Representatives, to be styled ^'- the General Assembly V 3. The Senate shall be elected annually, on the first Monday in November, until such day of election be altered by law ; and shall be composed of one member from each county, to be chosen by the electors thereof 4. No person shall be a senator who shall not have attained to the age of twenty-five years ; and have been nine years a citizen of the United States, and three years an inhabitant of this State, and shall have usually resided within the county for which he shall be returned, at least one year immediately preceding his election, except persons who may have been absent on public business of this State or of the United States,) and is, and shall have been possessed, in his own right, of a settled freehold estate of the value of five hundred dol- lars, or of taxable property to the amount of one thousand dollars, within the county, or for one year preceding his election ; and whose estate shall, on a reasonable estimation, be fully competent to the discharge of his just debts, over and above that su.m. 5. The Senate shall elect, by ballot, a president out of their own body. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or afiirmation : and no person shall be convicted without the concurrence of two- thirds of the members present. Judgment in eases of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit, within this State ; but the party convicted shall, nevertheless, be subject to in- dictment, trial, judgment, and punishment, according to law. 7. The House of Representatives shall be composed of members from all the counties which now are, or hereafter may be. included within this State, according to their respective numbers of free white persons, and including three-fifths of all the people of color. The actual enumeration shall be made within two years, and within every subsequent term of seven years thereafter, at such time and in such manner as this Convention may direct. Each county containing three thousand persons, agreeably to the foregoing plan of enumera- tion, shall be entitled to two members : seven thousand to three members ; and twelve thousand to four members ; but each county shall have at least one, and not more than four members ; the rep- resentatives shall be chosen annually, on the first Monday in No- vember, until such day of election be altered by law. Until the aforesaid enumeration shall be made, the several counties shall bo entitled to the following number oi representatives, respectively : Camden two ; Glynn two ; Liberty three ; M'lntosh two ; Bryan one ; Chatham four ; Effingham two ; Scriven two ; Montgomery two ; Burke three ; Bullock one ; Jefferson three ; Lincoln two ; Elbert three ; Jackson two ; Richmond three ; Wilkeis four ; Colum- 21 380 CONSTITUTION OF bia three ; Warren three ; Washington three ; Hancock four ; Greene three ; Oglethorpe three ; and Franklin two. 8. No person shall be a representative who shall not have attained to the age of twenty-one years, and have been seven years a citizen of the United States, three years an inhabitant of this State, and have usually resided in the county in which he shall be chosen, one year immediately preceding his election, (unless he shall have been absent on public business of this State or of the United States.) and shall be possessed in his own right of a settled freehold estate of the value of two hundred and fifty dollars, or of taxable property to the amount of five hundred dollars within the county, for one year preceding his election ; and whose estate shall, on a reasonable estimation, be competent to the discharge of his just debts, over and above that sum. 9. The House of Representatives shall choose their speaker and other officers. 10. They shall have solely the power to impeach all persons who have been or may be in office. 11. No person holding any military commission or other appoint- ment, having any emolument or compensation annexed thereto, un- der this State or the United States, or either of them, except justices of the inferior court, justices of the peace, and officers of the militia, Dor any person who has had charge of public moneys belonging to the State, unaccounted for and unpaid, or who has not paid all legal taxes or contributions to the government required of him, shall have a seat in either branch of the Greneral Assembly ; nor shall any senator or representative be elected to any office or appointment by the Legislature, having any emoluments or compensation annexed thereto, during the time for which he shall have been elected, with the above exception, unless he shall decline accepting his seat, by notice to the executive within twenty days after he shall have been elected ; nor shall any member, after having taken his seat, be eligi- ble to any of the aforesaid offices or appointments during the time for which he shall have been elected. 12. The meeting of the Greneral Assembly shall be annually, on the second Tuesday in January, until such day of meeting be altered by law : a majority of each branch shall be authorized to proceed to business ; but a smaller number may adjourn from day to day, and compel the attendance of their members in such manner as each house may prescribe. 1 3. Each house shall be the judges of the elections, returns, and qualifications of its own members ; with powers to expel or punish, by censuring, fining, and imprisoning, or either, for disorderly be- havior ; and may expel any person convicted of any felonious or in- famous ofience ; each house may punish by imprisonment, during session, any person not a member, who shall be guilty of disrespect by any disorderly or contemptuous behavior in its presence, or who, during session, shall threaten harm to the body or estate of any GEORGIA. 281 member, for anything said or done in either house, or who shall assault any of them therefor ; or who shall assault or arrest any wit- ness in going to or returning from, or who shall rescud any person arrested by order of either house. 14. No senator or representative shall be liable to be arrested dur- ing his attendance on the General Assenibly, or for ten days previous to its sitting, or for ten days after the rising thereof, except for trea- son, felony, or breach of the peace; nor shall any member be liable to answer for any thing spoken in debate in either house, in any court or place elsewhere ; but shall nevertheless be bound to answer for perjury, bribery, or corruption. 15. Each house shall keep a journal of its proceedings, and pub- lish them immediately after their adjournment ; and the yeas and nays of the members on any question shall, at the desire of any two members, be entered on the journals. ] 6. All bills for raising revenue or appropriating moneys, shall originate in the House of Eepresentatives ; but the Senate shall propose or concur with amendments, as in other bills. 1 7. Every bill shall be read three times and on three separate days, in each branch of the Greneral Assembly, before it shall pass, unless in cases of actual invasion or insurrection ; nor shall any law or ordinance pass, containing any matter different from what is ex- pressed in the title thereof; and all acts shall be signed by the President in the Senate, and Speaker in the House of Representa- tives : No bill or ordinance which shall have been rejected by either house, shall be brought in again during the session, under the same or any other title, without the consent of two-thirds of each branch. 18. Each senator and representative before he be permitted to take his seat, shall take an oath, or make affirmation, that he hath not practised any unlawful means, either directly or indirectly, to procure his election ; and every person shall be disqualified from serving as a Senator or Representative, for the term for which he shall have been elected, who shall be convicted of having given or offered any bribe, or treat, or canvassed for such election ; and every candidate employing like means, and not elected, shall, on convic- tion, be ineligible to hold a seat in either house, or to hold any office of honor or profit for the term of one year, and to such other disa- bilities or penalties as may be prescribed by law. 19. Every member, of the Senate and House of Representatives shall, before he takes his seat, take the following oath or affirmation, to wit : " I, A, B., do solemnly swear (or affirm, as the case may be) that I have not obtained my election by bribery, treats, canvassing, or other undue or unlawful means, used by myself, or others by my desire or approbation, for that purpose ; that I consider myself con- stitutionally qualified as a Senator or Representative ; and that, on all questions and measures which may come before me, I will give jny vote, and so conduct myself, as may, in my judgment, appear most conducive to the interest and prosperity of this State ; and 282 ■"'■ CONSTITUTION OF that I will bear true faith and allegiance to the same ; and to the utmost of my power and ability observe, conform to, support, and defend the Constitution thereof" 20. No person who hath been or may be convicted of felony be- fore any court of this State, or any of the United States, shall be eligible to any office or appointment of honor, profit, or trust, within this State. 21. Neither house, during the session of the G-eneral Assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that at which the two branches shall be sitting ; and in case of disagreement between the Senate and House of Representatives, with respect to their adjournment, the Grovernor may adjourn them. 22. The General Assembly shall have power to make all laws and ordinances which they shall deem necessary and proper for the good of the State, which shall not be repugnant to this Consti- tution. 23. They shall have power to alter the boundaries of the present counties, and lay off new ones, as well out of the counties already laid off, as out of the other territory belonging to the State ; but the property of the soil, in a free government, being one of the es- sential rights of a free people, it is necessary, in order to avoid dis- putes, that the limits of this State should be ascertained with pre- cision and exactness ; and this Convention, composed of the imme- diate representatives of the people, chosen by them to assert their rights, to revise the powers given by them to the government, and from whose will all ruling authority of right flows, doth assert and declare, the boundaries of this State shall be as follows, that is to say : the limits, boundaries, jurisdictions, and authority of the State of Georgia, do. and did, and of right ought to, extend from the sea or mouth of the river Savannah, along the northern branch or stream thereof, to the fork or confluence of the rivers now called Tugalo and Keowee, and from thence along the most northern branch or stream of the said river Tugalo, till it intersect the north- ern boundary line of South Carolina, if the said branch or stream of Tugalo extends so far north, reserving all the islands in the said river Savannah and Tugalo to Georgia ; but, if the head spring or source of any branch or stream of the said river Tugalo does not extend to the north boundary line of South Carolina, then a west line to the Mississippi, to be drawn from the head spring or source of the said branch or stream of Tugalo river, which extends to the highest northern latitude ; thence, down the middle of the said river Mississippi, until it shall intersect the northernmost part of the thirty- first degree of north latitude ; south, by a line drawn due east, from the termination of the line last mentioned, in the latitude of thirty-one degrees north of the equator, to the middle of the river Apalachieola, or Chatahoochee ; thence, along the middle thereof, to its junction with Flint river ; thence, straight to the head of St GEORGIA. 283 Mary's river ; and thence, along the middle of St. Mary's river, to the Atlantic ocean, and from thence to the mouth or inlet of Sa- vannah river, the place of beginning : including and comprehending all the lands and waters within the said limits, boundaries, and ju- risdictional rights ; and also all the islands within twenty leagues of the sea coast. And this Convention doth further declare and as- sert, that all the territory without the present temporary line, and within the limits aforesaid, is now, of right, the property of the free citizens of this State, and held by them in sovereignty, inalienable but by their consent. Provided, nevertheless, That nothing herein contained shall be construed so as to prevent a sale to, or contract with the United States, by the Legislature of this State, of and for all or any part of the western territory of this State, lying westward of the river Chatahoochee, on such terms as may be beneficial to both parties ; and may procure an extension of settlement, and ex- tinguishment of Indian claims, in and to the vacant territory of this State to the east and north of the said river Chatahoochee, to which territory, such power of contract or sale, by the Legislature, shall not extend : And provided also. The Legislature may give its con- sent to the establishment of one or more governments westward thereof ; but monopolies of land by individuals being contrary to the spirit of our free government, no sale of territory of this State, or any part thereof, shall take place to individuals or private com- panies, unless a county or counties shall have been first laid off, including such territory, and the Indian rights shall have been ex- tinguished thereto. 24. The foregoing section of this article having declared the com- mon rights of the free citizens of this State, in and to all the terri- tory without the present temporary boundary line, and within the limits of this State thereby defined, by which the contemplated purchases of certain companies of a considerable portion thereof are become constitutionally void ; and justice and good faith require, that the State should not detain a consideration for a contract which • has failed ; the Legislature, at their next session, shall make pro- vision by law for returning to any person or persons who has or have bona fide deposited moneys for such purchases in the treasury of this State: Provided, that the same shall not have been drawn therefrom in terms of the act passed the thirteenth day of Febru- ary, one thousand seven hundred and ninety-six, commonly called the rescinding act, or the appropriation laws of the years one thou- sand seven hundred and ninety-six and one thousand seven hundred and ninety-seven ; nor shall the moneys paid for such purchases ever be deemed a part of the funds of this State, or be liable to ap- propriation as such ; but until such moneys be drawn from the trea- sury, they shall be considered altogether at the risk of the persons who have deposited the same. No money shall be drawn out of the treasury or from the public funds of this State, except by appropri- ation made by law ; and a regular statement and account of the S84 CONSTITUTION OF receipts and expenditures of all public moneys shall be published from time to time. No vote, resolution, law, or order, shall pass the Greneral Assembly, granting a donation or gratuity in favor of any person whatever, but by the concurrence of two-thirds of the Greneral Assembly. 25. It shall be the duty of the justices of the inferior court, or any three of them, in each county respectively, within sixty days after the adjournment of this Convention, to appoint one or more fit persons in each county, not exceeding one for each battalion district, whose duty it shall be to take a full and accurate census or enume- ration of all free white persons and people of color residing therein, distinguishing, in separate columns, the free white persons from persons of color, and return the same to the clerks of the superior courts of the several counties, certified under their hands, on or be- fore the first day of December next ; the persons so appointed, being first severally sworn before the said justices, or either of them, duly and faithfully to perform the trust reposed in them ; and it shall be the duty of the said clerks to transmit all such returns, under seal, directed to the Speaker of the House of Representatives, at the first session of the Legislature thereafter. And it shall be the duty of the Greneral Assembly, at their said first session, to apportion the members of the House of Representatives among the several coun- ties, agreeably to the plaas prescribed by this Constitution, and to provide an adequate compensation for the taking of the said census. Every person whose usual place of abode shall be in any family on the first Monday in July next, shall be returned as of such family ; and of every person occasionally absent at the time of taking the enumeration, as belonging to that place in which he usually resides. The General Assembly shall, by law, direct the manner of taking such census or' enumeration, within every subsequent term of seven years, in conformity to this Constitution. And it is declared to be the duty of all oiScers, civil and military, throughout the State, to be aiding and assisting in the true and faithful execution thereof In ease the justices of the inferior courts should fail to make such appointments, or if there should not be a sufficient number of such justices in any county, then the justices of the peace, or any three of them, shall have and exercise like powers and authority respecting the said census ; and if the census or enumeration of any county shall not be so taken and returned, then, and in that case, the General As- sembly shall apportion the representation of such county according to the best evidence in their power, relative to its population. ARTICLE IL Sec. 1. The executive power shall be vested in a Governor, who shall hold his Ouice during the term of two years, and until such time as a saccessor shall be chosen and qualified. He shall have a competent salary, established by law, wbicii shall not be increased or OiEORGIA. 28^ diininislied during the period for which he shall have been elected ; neither shall he receive, within that period, any other emolument from the United States, or either of them, or from any foreign power. 2. The Grovernor shall be elected by the General Assembly, at their second annual session after the rising of this Convention, and at every second annual session thereafter, on the second day after the two houses shall be organized and competent to proceed to bu- siness. 3. No person shall be eligible to the office of GrOvernor who shall not have been a citizen of the United States twelve years, and an inhabitant of this State six years, and who hath not attained to the age of thirty years, and who does not possess five hundred acres of land, in his own right, within this State, and other property to the amount of four thousand dollars, and whoso estate shall not, on a reasonable estimation, be competent to the discharge of his debts, over and above that sum. 4. In case of the death, resignation, or disability of the GrOvernor, the President of the Senate shall exercise the executive powers of government until such disability be removed, or until the next meeting of the General Assembly. 5. The Governor shall, before he enters on the duties of his office, take the following oath or affirmation : " I do solemly swear (or af- firm, as the case may be) that I will faithfully execute the office of Governor to the State of Georgia ; and will, to the best of my abil- ities, preserve, protect, and defend the said State, and cause justice to be executed in mercy therein, according to the Constitution and laws thereof"' 6. He shall be commander-in-chief of the army and navy of this State, and of the militia thereof 7. He shall have power to grant reprieves for offences against the State, except in cases of impeachment, and to grant pardons or to remit any part of a sentence, in all cases after conviction, except for treason or murder, in which cases he may respite the execution, and make report thereof to the next General Assembly, by whom a par- don may be granted. 8. He shall issue writs of election to fill up all vacancies that happen in the Senate or House of Eepresentatives ; and shall have power to convene the G eneral Assembly on extraordinary occasions ; and shall give them, from time to time, information of the state of the republic, and recommend to their consideration such measures as he may deem necessary and expedient. 9. When any office shall become vacant by death, resignation, or otherwise, the Governor shall have the power to fill such vacancy ; and persons so appointed shall continue in office until a successor is appointed, agreeably to the mode pointed out by this Constitution or b}' the Legislature. 1 0. He shall have the revision of all bills passed by both houses, 286 CONSTITUTION OF before tlie same shall become laws ; but two-thirds of both houses may pass a law notwithstanding his dissent ; and if any bill should not be returned by the G-overnor within five days after it hath been, presented to him, the same shall be a law unless the General As- sembly, by their adjournment, shall prevent its return. 1 1. Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the Governor ; and, before it shall take effect, be approved by him ; or, being disapproved, may be repassed by two- thirds of both houses, according to the rules and limitations pre- scribed in ease of a bill. 12. There shall be a Secretary of the State, a Treasurer, and a Surveyor-General, appointed in the same manner and at the same session of the Legislature, and they shall hold their offices for the like period as the Governor, and shall have a competent salary, in- cluding such emoluments as may be established by law, which shall not be increased or diminished during the period for which they shall have been elected. 13. 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 Governor or General Assembly ; and the General Assembly shall, at their first session after the rising of this Convention, cause the great seal to be altered by law. 14. The Governor shall have power to appoint his own secre- taries. AKTICLE III. Sec. 1. The judicial powers of this State shall be vested in a Su- perior Court, and in such inferior jurisdictions as the Legislature shall, from time to time, ordain and establish. The judges of the Superior Court shall be elected for the term of three years, remov- able by the Governor, on the address of two-thirds of both houses for that purpose, or by impeachment and conviction thereon. The Superior Court shall have exclusive and final jurisdiction in all criminal cases which shall be tried in the county wherein the crime was committed, and in all cases respecting titles to land, which shall be tried in the_ county where the land lies ; and shall have power to correct errors in inferior judicatories by writs of certiorari, as well as errors in the superior courts, and to order new trials on proper and legal grounds ; Provided, that such new trials shall be deter- mined, and such errors corrected, in the Superior Court of the county in which such action originated. And the said Court shall also have appellative jurisdiction in such other cases as the Legisla- ture may by law direct, which shall in no case tend to remove the cause from the county in which the action originated ; and the judges thereof, in all cases of application for new trials, or correction of error, shall enter their opinions on the minutes of the Court. The inferior courts shall have cognizance of all other civil cases, which GEORGIA. • 287 shall be tried in the county wherein the defendant resides, except in cases of joint obligers, residing in different counties, which may be commenced in either county ; and a copy of the petition and process, served on the party or parties residing out of the county in which the suit may be commenced, shall be deemed sufficient ser- vice, under such rules and regulations as the Legislature may direct ; but the Legislature may, by law, to which two-thirds of each branch shall concur, give concurrent jurisdiction to the superior courts. The superior and inferior courts shall sit in each county twice in every year, at such stated times as the Legislature shall appoint. 2. The judges shall have salaries adequate to their services, estab- lished by law, which shall not be increased or diminished during their continuance in office ; but shall not receive any other perqui- sites or emoluments whatever, from parties or others, on account of any duty required of them. 3. There shall be a State's attorney and solicitors appointed by the Legislature, and commissioned by the Grovernor, who shall hold their offices for the term of three years, unless removed by sentence on impeachment, or by the Governor, on the address of two-thirds of each branch of the Greneral Assembly. They shall have salaries aqeduate to their services, established by law, which shall not be increased or diminished during their continuance in office. 4. Justices of the inferior courts shall be appointed by the Grene- ral Assembly, and be commissioned by the Governor, and shall hold their commissions during good behavior, or as long as they respec- tively reside in the county for which they shall be appointed, unless removed by sentence on impeachment, or by the Governor, on the address of two-thirds of each branch of the General Assembly. They may be compensated for their services in such manner as the Legislature may by law direct. 5. The justices of the peace shall be nominated by the inferior courts of the several counties, and commissioned by the Governor ; and there shall be two justices of the peace in each captain's district, either or both of whom shall have power to try all cases of a civil nature within their district, where the debt or litigated demand does not exceed thirty dollars, in such manner as the Legislature may by law direct. They shall hold their appointments during good behavior, or until they shall be removed by conviction, on indictment in the Superior Court, for malpractice in office, or for any felonious or infamous crime, or by the Governor, on the address of two-thirds of each branch of the Legislature. 6. The powers of a court of ordinary, or register of probates, shall be invested in the inferior courts of each county, from whose decis- ion there may be an appeal to the Superior Court, under such re- strictions and regulations as the General Assembly may by law direct ; but the inferior court shall have power to vest the care of the records, and other procee iings therein, in the clerk, or such 288 CONSTITUTION OF other person as they may appoint, and any one or more justices of the said court, with such clerk or other person, may issue citations and grant temporary letters, in time of vacation, to hold until the next meeting of the said court ; and such clerk or other person may grant marriage licenses. 7. The judges of the superior courts, or any one of them, shall have power to issue writs of maiidamus^ prohibition, scire facias, and all other writs which may be necessary for carrying their powers fully into eifect. 8. Within five years after the adoption of this Constitution, the body of our laws, civil and criminal, shall be revised, digested, and arranged under proper heads, and promulgated in such manner as the Legislature may direct ; and no person shall be debarred from advocating or defending his cause, before any court or tribunal, either by himself or counsel, or both. 9. Divorces shall not be granted by the Legislature, until the par- ties shall have had a fair trial before the Superior Court, and a ver- dict shall have been obtained, authorizing a divorce upon legal prin- ciples. And in such cases, two-thirds of each branch of the Legis- lature may pass acts of divorce accordingly. 10. The clerks of the superior and inferior courts shall be ap- pointed in such manner as the Legislature may by law direct, shall be commissioned by the Governor, and shall continue in olfice during good behavior. 11. Sheriffs shall be appointed in such manner as the General Assembly may by law direct, and shall hold their appointments for the term of two years unless sooner removed by sentence on im- peachment, or by the Governor on the address of two-thirds of the justices of the inferior court and of the peace in the county ; but no person shall be twice elected sheriff within any term of four years ; and no county ofiicer after the nest election shall be chosen at the time of electing a senator or representative. ARTICLE IV. Sec. 1. The electors of members of the General Assembly shall be citizens and inhabitants of this State, and shall have attained the age of twenty-one years, and have paid all taxes which may have been required of them, and which they may have had an opportunity of paying, agreeably to law, for the year preceding the election, and shall have resided six months within the county : provided, that in case of an invasion, and the inhabitants shall be driven from any county, so as to prevent an election therein, such refugee inhabitants, being a majority of the voters of such county, may meet under the direction of any three justices of the peace thereof, in the nearest county, not in a state of alarm, and proceed to an election, without having paid such tax so required of electors ; and the persons elected thereat shall be entitled to their seats. GEORGIA. 289 2. All elections by the General Assembly shall be by joint ballot of both branches of the Legislature ; and when the Senate and House of Representatives unite for the purpose of electing, they shall meet in the representative chamber, and the President of the Senate shall in such case preside, receive the ballots, and declare the person or persons elected. In all elections by the people, the elec- tors shall vote viva voce, until the Legislature shall otherwise direct. 3. The general officers of the militia shall be elected by the Gene- ral Assembly, and shall be commissioned by the Governor. All other officers of the militia shall be elected in such manner as the Legislature may direct, and shall be commissioned by the Governor ; and all militia officers now in commission, and those which may be hereafter commissioned, shall hold their commissions during their usual residence within the division, brigade, regiment, battalion, or company to which they belong, unless removed by sentence of a court- martial, or by the Governor, on the address of two-thirds of each branch of the General Assembly. 4. All persons appointed by the Legislature to fill vacancies shall continue in office 4?nly so long as to complete the time for which their predecessors were appointed. 5. Freedom of the press, and trial by jury, as heretofore used in this State, shall remain inviolate ; and no ex post facto law shall be passed. 6. No person who heretofore hath been, or hereafter may be, a collector, or holder of public moneys, shall be eligible to any office in this State, until such person shall have accounted for and paid into the treasury all sums for which he may be accountable or liable. 7. The person of a debtor, where there is not a strong presump- tion of fraud, shall not be detained in prison after delivering up, bona fide, all his estate, real and personal, for the use of his creditors, in such manner as shall be hereafter regulated by law. 8. Convictions on impeachments which have heretofore taken place, are hereby released, and persons lying under such convictions re- stored to citizenship. 9. The writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it. 10. No person within the State shall, upon any pretence, be de- prived of the inestimable privilege of worshiping God in a manner agreeable to his own conscience, nor be compelled to attend any place of worship contrary to his own faith and judgment ; nor shall he ever be obliged to pay tithes, taxes, or any other rate for the build- ing or repairing any place of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right, or hath voluntarily engaged to do. No one religious society shall ever be established in this State, in preference to any other ; nor shall any person be denied the enjoyment of any civil right, merely on ac- count of his religious principles. 1 1 . There shall be no future importation of slaves into this State, 290 CONSTITUTION OF from Africa or any foreign place, after the first day of October next. The Legislature shall have no power to pass laws for the emancipa- tion of slaves without the consent of each of their respective owners, previous to such emancipation. They shall have no power to prevent emigrants from either of the United States to this State, from bring- ing with them such persons as may be deemed slaves by the laws of any one of the United States. 12. Any person who shall maliciously dismember or deprive a slave of his life, shall suffer such punishment as would be inflicted in case the like offence had been committed on a free white person, and on the like proof, except in case of insurrection by such slave. and unless such death should happen by accident, in giving such slave moderate correction. 13. The arts and sciences shall be promoted, in one or more semi- naries of learning ; and the Legislature shall, as soon as convenient- ly may be, give such further donations and privileges to those al- ready established, as may be necessary to secure the objects of their institution ; and it shall be the duty of the G-eneral Assembly, at their next session, to provide effectual measures for the improvement and permanent security of the funds and endowments of such in- stitutions. 14 All civil officers shall continue in the exercise of the duties of their several offices, during the periods for which they were ap- pointed, or until they shall be superseded by appointments made in conformity to this Constitution ; and all laws now in force shall con- tinue to operate, so far as they are compatible with this Constitution, until repealed ; and it shall be the duty of the General Assembly to pass all necessary laws and regulations for carrying this Consti- tution into full effect. 15. No part of this Constitution shall be altered, unless a bill for that purpose, specifying the alterations intended to be made, shall have been read three times in the House of Representatives, and three times in the Senate, on three several days in each house, and agreed to by two-thirds of each house respectively ; and when any such bill shall be passed in manner aforesaid, the same shall be pub- lished at least six months previous to the next ensuing annual elec- tion for members of the General Assembly ; and if such alterations, or any of them, so proposed, shall be agreed to in their first session thereafter, by two-thirds of each branch of the General Assembly, after the same shall have been read three times, on three separate days, in each respective house, then, and not otherwise, the same shall become a part of this Constitution. AMENDMENTS TO THE CONSTITUTION, Adopted in 1839. Whereas a part of the thirty -first section of the first article of the Constitution is in the following words, viz. : The Senate shall be GEORGIA. 291 elected annually ; and a part of the seventh section of the first ar- ticle is in the following words : The representatives shall be chosen annually ; and a part of the twelfth section of the first article is in the following words : The meeting of the General Assembly shall be annually , and whereas a part of the third section of the third article is in the following words : There shall be a State's Attorney and Solicitor appointed by the Legislature and commissioned by the Grovernor, who shall hold their offices for the term of three years ; and a part of the fifteenth section of the fourth article is in the fol- lowing words : The same shall be published at least six months pre- vious to the next ensuing annual election for members of the General Assembly ; and whereas the before-recited clauses require amendments. Sec. 1. Be it enacted, by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is hereby enacted^- by the authority of the same, that, so soon as this act shall have passed, agreeably to the requisitions of the Constitu- tion, the following shall be adopted in lieu of the foregoing clau- ses : In the third section of the first article, the following, to wit : The Senate shall be elected biennially^ after the passage of this act — the first election to take place on the first Monday in 1 843. In lieu of the seventh section of the first article, the following : The representatives shall be elected biennially, after the passing of this act — the first election to take place the first Monday in October, eighteen hundred and forty-three ; and in lieu of the clause in the twelfth section in the first article, the following : The meeting of the General Assemby shall be biennially, after the passage of this act, on the first Monday in November ; and in lieu of the clause in the third section of the third article, the following, to wit : There shall 1)0 a State Attorney and Solicitor elected by the Legislature, who shall hold their office for the term of four years ; and in lieu of the clause in the fifteenth section of the fourth article, the follow- ing : The same shall be published at least six mouths previous to the next ensuing biennial election for members of the General As- sembly — the provisions of this act not to go into eff"ec't until the year eighteen hundred and forty-three. 2. And be it further enacted, by the authority of the aforesaid, that whenever it shall so happen that the term of office of any of the judges, State Attorney, or solicitors, shall expire at any time during the recess of the General Assembly, then and in that case it shall be the duty of his excellency, the Governor, to fill such va- cancy by appointment, until the next General Assembly thereafter to be held, when such vacancy shall be filled by election by the Le- gislature, until the next election of judges, State's A ttorney, or so- licitors, shall take place. FLORIDA. Florida was discovered by Sebastian Cabot, sailing under the English Flag, in 1497. Ponce de Leon, a Spanish adventurer from Hispaniola, explored this country in part in 1512, and again in 1516. In 1539, Hernando de Soto, who had been an officer under Pizarro in the conquest of Peru, sailed from Cuba (of which he was Governor), with an armed force to Florida. They soon overrun the peninsula, but his followers were mostly cut off, and he soon after died. In 1763 this territory was ceded to Great Britain by Spain, in exchange for Havanna. The Spanish reconquered it in 1781, and it was coniirmed to them in 1783. In 1821 the Spaniards ceded it to the United States, as a compensa- tion for spoliations in their commerce. ' This State was admitted into the Union on the 3d of March 1845, Its Constitution was adopted in 1838. Area, 57,000 sq. ms. Pop. in 1850, 87,387. of which 39,341 are slaves, and 926 Free blacks. CONSTITUTION. We, the people of the Territory of Florida, by our delgates in Convention assembled, at the city of St. Joseph, on Monday, the third day of December, a. d. 1838, and of the Independence of the United States the sixty-third year, having and claiming the right of admission into the Union, as one of the United States of America, consistent with the principles of the federal Constitution, and by virtue of the treaty of amity, settlement, and limits between the United States of America and the King of Spain, ceding the pro- vinces of East and West Florida to the United States ; in order to secure to ourselves and our posterity the enjoyment of all thf rights of life, liberty, and property, and the pursuit of happiness, do mu- tually agree, each with the other, to form ourselves into a free and independent State, by the name of the State of Florida. FLORIDA. 293 AKTICLE I. — Declaration of Rights. That the great and essential principles of liberty and free govern- ment may be recognized and established, we declare : Sec. 1. That all freemen, when they form a social compact, are equal, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty ; of ac- quiring, possessing, and protecting property and reputation ; and of pursuing their own happiness. 2. That all political power is inherent in the people, and all free governments are founded on their authority, and established for their benefit ; and therefore they have, at all times, an inalienable and indefeasible right to alter or abolish their form of government in such manner as they may deem expedient. 3. That all men have a natural and inalienable right to worship Almighty God according to the dictates of their own conscience ; and that no preference shall ever be given by law to any religious establishment, or mode of worship, in this State. 4. That all elections shall be free and equal, and that no property qualification for eligibility to oi£ce, or for the right of suffrage, shall ever be required in this State. 5. That every citizen may feely speak, write, and publish his sen- timents, on all subjects, being responsible for the abuse of that lib- erty ; and no law shall ever be passed to curtail, abridge, or restrain the liberty of speech or of the press 6. That the right of trial by jury shall forever remain inviolate. 7. That the people shall be secure in their persons, houses, papers, and possessions, from tinreasonable seizures and searches ; and that no warrant to search any place, or to seize any person or thing, shall issue, without describing the place to be searched, and the person or thing to be seized, as nearly as may be, nor without probable cause, supported by oath or afiirmation §! That no freeman shall be taken, imprisoned, or disseized of his freehold, liberties, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the law of the land. 9. That all courts shall be open, and every person, for an injury done him in his lands, goods, person, or reputation, shall have reme- dy by due course of law ; and right and justice administered without sale, denial, or delay. 10. That in all criminal prosecutions, the accused hath a right to be heard, by himself or counsel, or both ; to demand the nature and cause of the accusation ; to be confronted with the witnesses against : him ; to have compulsory process for obtaining witnesses in his fa- vor ; and in all prosecutions by indictment or presentment, a speedy and public trial, by an impartial jury of the county or district where the offence was committed , and shall not be compelled to give evi- dence against himself 294 CONSTITUTION OF 1 1. That all persons shall be bailable, by sufficient securities, un- less in capital offences, where the proof is evident or the presumption strong ; and the privilege of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it. 12. That excessive bail shall in no case be required ; nor shall excessive fines be imposed, nor shall cruel or unusual punishments be inflicted. 13. That no person shall, for the same offence, be twice put in jeopardy of life or limb. 14. That private property shall not be taken or applied to public use, unless just compensation be made therefor. 15. That in all prosecutions and indictments for libel, the truth may be given in evidence; and if it shall appear to the jury that the libel is true, and published with good motives, and for justifiable ends, the truth shall be a justification ; and the jury shall be the judges of the law and facts. 16. That no person shall be put to answer any criminal charge, but by presentment, indictment, or impeachment. 17. That no conviction shall work corruption of blood or forfeit- ure of estate. 18. That retrospective laws, punishing acts committed before the existence of such laws, and by them only declared penal or criminal, are oppressive, unjust, and incompatible with liberty ; wherefore no ex post facto law shall ever be made. 19. That no law impairing the obligation of contracts shall ever be' passed. 20. That the people have a right, in a peaceable manner, to as- semble together to consult for the common good ; and to apply to those invested with the powers of government for redress of griev- ances, or other proper purposes, by petition, address, or remonstrance. 21. That the free white men of this State shall have a right to keep and to bear arms for their common defense. 22. That no soldier, in time of peace, shall be quartered in any house, without the consent of the owner ; nor in time of war, but in a manner prescribed by law. 23. That 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. 24. That perpetuities and monopolies are contrary to the genius of a free State, and ought not to be allowed. 25. That no hereditary emoluments, privileges, or honors, shall ever be granted or conferred in this State. 26. That frequent recurrence to fundamental principles is abso- lutely necessary to preserve the blessings of liberty. 27. That, to guard against transgressions upon the rights of the people, we declare that everything in this article is excepted out of the general powers of government, and shail forever remain invio- FLORIDA. 295 late ; and tliat all laws contrary thereto, or to the following provi- sions, shall be void. ARTICLE II. — Distribution of the Powers of Government. Sec. 1. The powers of the government of the State of Florida 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 executive, to another, and those which are judicial, to another. 2. No person, or collection of persons, being of one of those de- partments, shall exercise any power properly belonging to either of the others, except in the instances expressly provided in this Con- stitution. ARTICLE III. — Executive Department. Sec. 1. The supreme executive power shall be vested in a chief magistrate, who shall be styled the Governor of the State of Florida. 2. The Governor shall be elected for four years, by the qualified electors at the time and place where they shall vote for representa- tives ; and shall remain in office until a successor be chosen and qualified ; and shall not be eligible to a re-election until the expira- tion of four years thereafter. 3. No person shall be eligible to the office of Governor unless he shall have attained the age of thirty years, shall have been a citizen of the United States ten years, or an inhabitant of Florida at the time of the adoption of this Constitution (being a citizen of the United States), and shall have been a resident of Florida at least five years next preceding the day of 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 House of Representatives, who shall, during the first week of the session open and publish them in the presence of both houses of the General Assembly ; and the person having the highest num- ber of votes shall be Governor. But if two or more shall be equal, and highest in votes, one of them shall be chosen Governor by the joint vote of the two houses : and contested elections for Governor shall be determined by both houses of the General Assembly, in such manner as shall be prescribed by law. 5. He shall, at stated times, receive a compensation for his ser- vices, which shall not be increased or diminished during the term for which he shall have been elected. 6. He shall be commander-in-chief of the army and navy of this State, and of the militia thereof 7. He may require information in writing from the officers of the executive department, on any subject relating to the duties of their respective offices. 8. He may, by proclamation, on extraordinary occasions, convene 22 296 CONSTITUTION OF the General Assembly 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 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 beyond the day of the nexi meeting designated by this Constitution. 9. He shall, from time to time, give to the Greneral Assembly, in- formation of the state of the government, and recommend to their consideration such measures as he may deem expedient. 10. He shall take care that the laws be faithfully executed. 11. In all criminal and penal cases (except of treason and im- peachment), after conviction, he shall have power to grant reprieves and pardons, and remit fines and forfeitures, under such rules and regulations as shall be prescribed by law ; and in cases of treason, he shall have power, by and with the advice and consent of the Sen- ate, to grant reprieves and pardons ; and he may, in the recess of the Senate, respite the sentence until the end of the next session of the General Assembly. 12. There shall be a seal of the State, which shall be kept by the Governor, and used by him officially, with such device as the Gov- ernor first elected may direct ; and the present seal of the territory shall be the seal of the State, until otherwise directed by the Gen- eral Assembly. 13. All commissions shall be in the name and by the authority of the State of Florida, be sealed with the State seal, and signed by the Governor, and attested by the Secretary of State. 14. There shall be a Secretary of State appointed by a joint vote of both houses of the General Assembly, who shall continue in office during the term of four years ; and he shall keep a fair register of the official acts and proceedings of the Governor, and shall, when required, lay the same and all papers, minutes, and vouchers rela- tive thereto, before the General Assembly, and shall perform such other duties as may be required of him by law. 15. Vacancies that happen in offices the appointment of which is vested in the General Assembly, or given to the Governor with the advice and consent of the Senate, shall be filled by the Governor during the recess of the General Assembly, by granting commissions, which shall expire at the end of the next session. 16. Every bill, which shall have passed both houses of the Gen- eral Assembly, shall 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 shall have originated, who shall enter the ob- jections at large upon the journal, and proceed to reconsider it ; and if, after such reconsideration, a majority of th» whole number 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 reconsid- ered ; and if approved by a majority of the whole number elected to that house, it shall become a law. But in such cases, the votes of FLORIDA. 297 both houses shall be by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journals of each house, respectively ; and if any bill shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly, by their adjournment, prevent its return ; in which case, it shall not be a law. 17. 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, be repassed by both houses, according to the rules and limitations prescribed in case of a bill. 18. In case of the impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, or absence from the State, the President of the Senate shall exercise all the power and author- ity appertaining to the office of Governor, during the term for which the Governor was elected ; unless the General Assembly shall pro- vide by law for the election of a Governor to fill such vacancy, or until the Governor so absent or impeached shall return or be ac- quitted. 19. If, during the vacancy of the office of Governor, the President of the Senate shall be impeached, removed from office, refuse to qual- ify, resign, die, or be absent from the State, the Speaker of the House of Representatives shall, in like manner, administer the government. 20. The President of the Senate, or Speaker of the House of Rep- resentatives, during the time he administers the government, shall receive the same compensation which the Governor would have re- ceived. 21. The Governor shall always reside, during the sessions of the General Assembly, at the place where their sessions are held, and at all other times, wherever, in their opinion, the public good may retjuire. 22. No person shall hold the office of Governor, and any other office or commission, civil or military, either in this State, or under any State, or the United States, or any other power, at one and the same time, except the President of the Senate, or the Speaker of the House of Representatives, when he shall hold the office, as aforei^aid. 23. A State treasurer and comptroller of public accounts shall be elected by joint vote of both houses of the General Assembly, at each regular session thereof ARTICLE IV. — Legislative Department. Sec. 1. The legislative power of this State shall be vested in two distinct branches — the one to be styled the Senate, the other the House of Representatives, and both together "the General Assembly of the State of Florida ;" and the style of the laws shall be, " Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened." 298 CONSTITUTION OP 2. The members of the House of Representatives shall be chosen by the qualified voters, and shall serve for the term of one year, from the day of the commencement of the general election, and no longer; and the sessions of the General Assembly shall be annual, and com- mence on the fourth Monday in November, in each year, or at such other times as may be prescribed by law. 3. The representatives shall be chosen every year, on the first Monday in the month of October, until otherwise directed by law. 4. No person shall be a representative unless he be a white man, a citizen of the United States, and shall have been an inhabitant of the State two years next preceding his election, and the last year thereof a resident of the county for which he shall be chosen, and shall have attained the age of twenty-one years. 5. The senators shall be chosen by the qualified electors for the term of two years, at the same time, in the same manner, and in the same places, where they vote for members of the House of Repre sentatives ; and no man shall be a senator unless he be a white man, a citizen of the United States, and shall have been an inhabitant of this State two years next preceding his election, and the last year thereof a resident of the district or county for which he shall be chosen, and shall have attained the age of twenty-five years. 6. The senators, after their first election, shall be divided by lot into two classes ; and the seats of the senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year ; so that one-half thereof, as near as possible, may be chosen forever thereafter, annually, for the term of two years. 7. The House of Representatives, when assembled, shall choose a Speaker and its other officers ; and the Senate a President and its other officers ; and each house shall be judge of the qualifications, elections, and returns of its members ; but 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 busi- ness, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and un- der such penalties as each house may prescribe. 9. Each house may determine the rules of its own proceedings, punish its members for disorderly behavior, and, with the consent of two-thirds, expel a member, but not a second time for the same cause. 10. Each house during the session, may punish by imprisonment any person, not a member, for disrespectful or disorderly behavior in its presence, or for obstructing any of its proceedings, provided such imprisonment shall not extend beyond the end of the session 1 1. Each house shall keep a journal of its proceedings, and cause the same to be published immediately after its adjournment ; and the yeas and nays of the members of each house shall be taken and entered upon the journals, upon the final passage of every bill, and FLORIDA. 299 may by any two members, be required upon any other question ; and any member of either house shall have liberty to dissent from, or protest against, any act or resolution which he may think injurious to the public or an individual, and have the reasons of his dissent entered on the journal. 12. Senators and representatives shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to or returning from the same, allowing one day for every twenty miles such member may reside from the place at which the General Assembly is con- vened ; and for any speech or debate in either house, they shall not be questioned in any other place. 1 3. The General Assembly shall make provision by law for filling vacancies that may occur in either house, by the death, resignation, or otherwise, of any of its members. 14. The doors of each house shall be open, except on such occa- sions as, in the opinion of the house, the public safety may imperi- ously require secrecy. 15. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in -nhich they may be sitting. 16. Bills may originate in either house of the General Assembly, and all bills passed by one house may be discussed, amended, or re- jected 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 cases of urgency, four-fifths of the house in which the same shall be depending, may deem it expedient to dis- pense with the rule ; and every bill having passed both houses, shall be signed by the Speaker and President of their respective houses. 17. Each member of the General Assembly shall receive, from the public treasury, such compensation for his services as may be fixed by law ; but no increase of compensation shall take efi"ect dur- ing the term for which the representatives were elected when such law passed. 18. The number of members of the House of Eepresentatives shall never exceed sixiy. ARTICLE V. — Judicial Department. Sec. 1. The judicial power of this State, both as to matters of law and equity, shall be vested in a Supreme Court, courts of chin- eery, circuit courts, and justices of the peace : provided the General Assembly may also vest such criminal jurisdiction as may be deemed necessary in corporation courts ; but such jurisdiction shall not ex- tend to capital offences. 2. The Supreme Court, except in cases otherwise directed in this Constitution, shall liave a] poilate jurisdiction only, which shall be co-extensive with the State under such restrictions and regulations. 300 CONSTITUTTON OF not repugnant to this Constitution, as may from time to time be prescribed by law; provided that the said Court shall always have power to issue writs of injunction^ mandamus^ quo warranto, habeas corpus, and such other remedial and original writs as may be neces- sary to give it a general superintendence and control of all other courts. 3. For the term of five years, from the election of the judges of the circuit courts, and thereafter until the General Assembly shall otherwise provide, the powers of the Supreme Court shall be vested in, and its duties performed by, the judges of the several circuit courts within this State ; and they or a majority of them, shall hold such sessions of the Supreme Court, and at such times, as may be directed by law. 4. The Supreme Court, when organized, shall be holden at such times and places as may be provided by law. 5. The State shall be divided into at least four convenient cir cuits ; and until other circuits shall be provided for by the General Assembly, the arrangement of the circuits shall be the western, middle, eastern, and southern circuits ; and for each circuit there shall be appointed a judge, who shall, after his appointment, reside in the circuit for which he has been appointed, and shall, at stated times, receive for his services a salary of not less than two thousand dollars per annum, which shall not be diminished during the con- tinuance of such judge in office ; but the judges shall receive no fees or perquisites of ofiice, nor hold any other office of profit under this State, the United States, or any other power. 6. The circuit courts shall have original jurisdiction in all mat- ters, civil and criminal, within this State, not otherwise excepted in this Constitution. 7. A circuit court shall be held in such counties, and at such times and places therein, as may be prescribed by law ; and the judges of the several circuit courts may hold courts for each other, and shall do so when directed by law. 8. The General Assembly shall have power to establish and or- ganize a separate Court or courts of original equity jurisdiction ; but until such Court or courts shall be established and organized, the circuit courts shall exercise such jurisdiction. 9. The General Assembly shall provide by law for the appoint- ment, in each county, of an officer to take probate of wills, to grant letters testamentary of administration and guardianship ; to attend to the settlements of the estates of decedents and of minors, and to discharge the duties usually pertaining to courts of ordinary, subject to the direction and supervision of the courts of chancery, as may be provided by law. 10. A competent number of justices of the peace shall be from time to time appointed or elected in and for each county, in such mode and for such term of office as the General Assembly may di- rect, and shall possess such juris.diction as may be prescribed by B'LORIDA. 30i law ; and in cases tried before a justice of the peace, the right of ap- peal shall be secured, under such rules and regulations as may be prescribed by law. 11. Justices of the Supreme Court, chancellors, and judges of the circuit courts, shall be elected by the concurrent vote of a major- ity of both houses of the General Assembly. 12. The judges of the Circuit Court shall, at the first session of the General Assembly to be holden under this Constitution, be elect- ed for the term of five years, and shall hold their offices for that term, unless sooner removed under the provisions made in this Constitution for removal of judges by address or impeachment ; and at the expiration of five years, the justices of the Supreme Court and the judges of the circuit courts shall be elected for the term of and during their good behavior ; and for wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground for im- peachment, the Governor shall remove any of them, on the address of two-thirds of each house of the General Assembly ; provided, however, that the cause or causes shall be stated at length in such address, and entered on the journals of each house ; and provided, further, that the cause or causes shall be notified to the judge so in- tended to be removed, and he shall be admitted to a hearing in his own defense, before any vote for such address shall pass ; and in such cases the vote shall be taken by yeas and nays, and entered on the journals of each house respectively. 13. The clerk of the Supreme Court, and the clerks of the courts of chancery, shall be elected by the General Assembly; and the clerks of the circuit courts shall be elected by the qualified electors, in such mode as may be prescribed by law. 14. The justices of the Supreme Court, chancellors, and judges of the circuit courts, shall, by virtue of their offices, be conservators of the peace throughout the State, and justices of the peace in their respective counties. 15. The style of all processes shall be, " the State of Florida; " and all criminal prosecutions shall be carried on in the name of the State of Florida, and all indictments shall conclude, " against the peace and dignity of the same." 1 6. There shall be an Attorney-General for the State, who shall reside at the seat of government. It shall be his duty to attend all sessions of the General Assembly, and, upon the passage of any act, to draught and submit to the General Assembly, at the same session, all necessary forms of proceedings under such laws, which, when approved, shall be published therewith ; and he shall perform such other duties as may be prescribed by law. He shall be elected by joint vote of the two houses of the General Assembly, and shall hold his office for four jears ; but may be removed by the Governor, on the address of two-thirds of the two houses of the General As- sembly ; and shall receive for his services a compensation to be fixed by law. 202 CONSTITITTION OF 17. There shall be one solicitor for each circuit, who shall reside therein, to be elected by the joint vote of the General Assembly, who shall hold his office for the term of four years, and shall rpceive for his services a compensation to be fixed by law. 18. No justice of the Supreme Court shall sit as judge, or take part in the appellate court, on the trial or hearing of any case which shall have been decided by him in the court below. 19. The Greneral Assembly shall have power to establish in each county a board of commissioners for the regulation of the county business therein. 20. No duty not judicial shall be imposed by law upon the justices of the Supreme Court, chancellors, or the judges of the circuit courts of this State. ARTICLE VI. The Right of Suffrage and Qualifications of officers ; Civil Offices ; and Impeachvients and Removals from Office. Sec. 1. Every free white male person of the age of twenty-one years and upwards, and who shall be, at the time of offering to vote, a citizen of the United States, and who shall have resided and had his habitation, domicil, home, and place of permanent abode, in Florida, for two years nest preceding the election at which he shall offer to vote, and who shall have at such time, and for six months immediately preceding said time shall have had his habitation, domi- cil, home, and place of permanent abode, in the county in which he may offer to vote, and who shall be enrolled in the militia thereof (unless by law exempted from serving in the militia.) shall be deemed a qualified elector at all elections under this Constitution, and none others, except at elections by general ticket in the State or district prescribed by law : in which cases, the elector must have been a resi- dent of the State two years next preceding the election, and six months within the election district in which he offers to vote : pro- vided that no soldier, seaman, or marine in the regular army or navy of the United States, unless he be a qualified elector of the State previous to his enlistment as such soldier, seaman or marine in the regular army or navy of the United States, or the revenue service, shall be considered a resident of the State, in consequence of being stationed within the same. 2. The General Assembly shall, at its first session, provide for the registration of all the qualified electors in each county, and thereafter, from time to time, of all who may become such qualified electors. 3. No president, director, cashier, or other officer, of any banking company in this State, shall be eligible to the office of Governor, senator, or representative to the General Assembly of this State, so long as he shall be such president, director, cashier, or other officer, nor until the lapse of twelve months from the time at which he shall have ceased to be such president, director, cashier, or other officer. FLORIDA. 303 4. The General Assembly shall have power to exclude from every office of honor, trust, or profit, within the State, and from the right of suflPrage, all persons convicted of bribery, perjury, or other infa- mous crime. 5. No person shall be capable of holding, or of being elected to any post of honor, profit, trust, or emolument, civil or military, leg- islative, executive or judicial, under the government of this State, who shall hereafter fight a duel, or send or accept a challenge to fight a duel, the probable issue of which may be the death of the challenger or challenged, or who shall be a second to either party, or who shall in any manner aid or assist in such duel, or shall be know- ingly the bearer of such challenge or acceptance, whether the same occur or be committed in or out of the State. 6. No person who may hereafter be a collector or holder of pub- lic moneys, shall have a seat in either house of the General Assem- bly, or be eligible to any office of trust or profit under this State, until he shall have accounted for, and paid into the treasury, all sums for which he may be accountable. 7. No Governor, member of Congress, or of the General Assem- bly of this State, shall receive a fee, be engaged as counsel, agent, or attorney, in any civil case or claim against this State, or to which this State shall be a party, during the time he shall remain in office. 8. No Governor, justice of the Supreme Court, chancellor, or judge in this State, shall be eligible to election or appointment to any other and different station, or office, or post of honor or emolu- ment, under this State, or to the station of senator or representa- tive in the Congress of the United States from this State, until one year after he shall have ceased to be such governor, justice, chan- cellor, or judge. 9. No senator or representative 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 shall have been increased, during such term, excepc such offices as may be filled by elections by the people. 10. No minister of the gospel shall be eligible to the office of gov- ernor, senator, or member of the House of Represeniatives of this State. 11. Members of the General xVssembly, and all officers, civil and military, before they enter upon the execution of their respective offices, shall take the following oath or affirmation : '• I. , do swear (or affirm) that I am duly qualified, according to the Consti- tution of this State, to exercise the office to which I have been elected (or appointed), and will, to the best of my abilities, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State and of the United States." 12. Every person shall be disqualified from serving as governor senator, representative, or from holding any other office of honor or profit in this State, for the term for which he shall have been elected, 304 CONSTITUTION OF who shall have been convicted of having given or offered any bribe to procure his election. 13. Laws shall be made by the General Assembly, to exclude from ofl&ce and from suffrage those who shall have been, or may thereafter be, convicted of bribery, perjury, forgery, or other high crime or misdemeanor ; and the privilege of suffrage shall be sup- ported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practices. 14. All civil officers of the State at large shall reside within the State, and all district or county officers within their respective dis- tricts or counties, and shall keep their respective offices at such places therein as may be required by law. 15. It shall be the duty of the General Assembly to regulate by law in what cases and what deduction from the salaries of public officers shall be made for neglect of duty in their official capacity. 16. Returns of elections for members of Congress and the Gene- ral Assembly shall be made to the Secretary of State, in manner to be prescribed by law. 17. In all elections by the General Assembly, the vote shall be viva voce ; and in all elections by the people, the vote shall be by ballot. 1 8. No member of Congress, or person holding or exercising any office of profit under the United States, or under any foreign power, shall be eligible as a member of the General Assembly of this State, or hold or exercise any office of profit under the State ; and no per- son in this State shall ever hold tvfo offices of profit at the same time, except the office of justice of the peace, notary public, consta- ble, and militia offices. 19. The General Assembly shall by law provide for the appoint- ment or election and the removal from office, of all officers, civil and military, in this State, not provided for in this Constitution. 20. The power of impeachment shall be vested in the House of Representatives. 21. All impeachments shall be tried by the Senate; and when sitting for that purpose, the senators shall be upon oath or affirma- tion ; and no person shall be convicted without the concurrence of two-thirds of the members present. 22. The Governor, and all civil officers, shall be liable to impeach- ment for any misdemeanor in office : but judgment in such cases shall not extend further than to removal from office, and disqualifi- cation to hold any office of honor, trust, or profit, under this State : but the parties shall nevertheless be liable to indictment, trial, and punishment, according to law. ARTICLE YlI.—MlUia. All militia officers shall be elected by those persons who are sub- FLORIDA. 305 ject to military duty, within their respective companies, regiments, or battalions. ARTICLE VIII. — Taxation and Revenue. No greater amount of tax or revenue shall be levied, than may be required for the necessary expenses of government. A regular statement of the receipts and expenditures of all the public moneys shall be published annually, with the laws of the General Assembly. ARTICLE IX. This article provides for the taking of the census every ten years, of the inhabitants of the State ; and that to the whole number of free white inhabitants shall be added three-fifths of the number of slaves; and that the representatives shall be equally apportioned in the dif- ferent counties, according to such enumeration : each county shall have at least one representative, and increase in a uniform ratio of population. The State is divided into sixteen senatorial districts : each district shall be entitled to at least one senator; the number of senators shall not be less than one-fourth, nor more than one-half, of the whole number of representatives, and chosen in the same manner. ARTICLE ^.—Education. The proceeds of all lands granted by the United States, for the use of scliools, shall remain a perpetual fund — the interest of which shall be used for the benefit of said schools, and for no other purpose. ARTICLE XL This article makes it the duty of the General Assembly to provide for the safety, security, and appropriation of the proceeds of the pub- lic lands. And it also provides for the encouragement of such internal improvements as are essential to the development of the resources jf the country. ARTICLE XIL This article refers only to the extent of the jurisdiction of Florida, embracing the territory ceded to the United States in 1819. ARTICLE XIII. — Banks and other Corporations. No act of incorporation shall be passed, ar altered, except by the assent of two-thirds of each branch of the Legislature. No bank charter shall be granted for more than twenty years, nor shall it be extended, or renewed. The capital of a bank shall not exceed one hundred thousand dollars ; nor shall a dividend be made exceeding ten per ceL.t. a year. Stockholders shall be individually liable for the debts of the bank ; and no note shall be issued for less than five dollars. The credit of the State shall not be pledged in aid of any corporation whatsoever. 306 CONSTITUTION OF ARTICLE XIV. No convention of the people shall be called, nnless by the con- currence of two-thirds of each house of the General Assembly. No part of the Constitution shall be altered, unless the bill to alter first be read three times in each house, for three several days, and agreed to by two-thirds of each house ; the same to be published six months previous to a new election for members of the House of Representiv tives. ARTICLE XV. The seat of government shall remain at Tallahasse for the term of five years ; the General Assembly then shall have the power to remove it to some other point for five years. ARTICLE XVI.— General Provisions. Sec. 1. The General Assembly shall have no power to pass laws for the emancipation of slaves. 2. They shall have no power to prevent emigrants to this State from bringing with them such persons as may be deemed slaves by the laws of any one of the United States : provided they shall have power to enact laws to prevent the introduction of any slaves who may have committed crimes in other States. 3. The General Assembly shall have power to pass laws to prevent free negroes, mulattoes, and other persons of color, from immigrating to this State, or from being discharged from on board any vessel in any of the ports of Florida. 4. Treason against the State shall consist only in levying 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 confession in open court. 5. Divorces from the bonds of matrimony shall not be allowed but by the judgment of a court, as shall be prescribed by law. 6. The General Assembly shall declare by law, what parts of the common law, and what parts of the civil law, not inconsistent with this Constitution, shall be in force in this State. 7. The oaths of officers, directed to be taken under this Consti- tution, may be administered by any judge or justice of the peace of the territory or State of Florida, until otherwise prescribed by law, ALABAMA. This State was first included in the territorial limits of Georgia, except a small part which belonged to Florida. In 1802 Georgia ceded to the United States all her territory lying west of the Chatahooche river and extending to the Mississippi river. In 1817 it was constituted the Mississippi territory. In 1820 it became an independent State, and was admitted into the Union. A-labama adopted its Constitution in 1819. Area, 46,000 sq. m. Pop. in 1850, 771,671 — of whom 342,894 are slaves. Free colored, 2,250. CONSTITUTION. ARTICLE 1.— Declaration of Rights. Tliat the general, great, and essential principles of liberty and free government may be recognized and established, we declare : Sec. 1. That all freemen, when they form a social compact, are equal in rights ; and that no man or set of men are entitled to exclu- sive, separate public emoluments or privileges, but in consideration of public services. 2. All political power is inherent in the people, and all free gov- ernments are founded on their authority, and instituted for their 308 CONSTITUTION OF benefit : and, tlierefore, tliey have at all times an inalienable anci indefeasible right to alter, reform, or abolish their form of govern ment, in such manner as they may think expedient. 3. No person within this State shall, upon any pretence, be depri- ved of the inestimable privilege of worshiping God in the manner most agreeable to his own conscience ; nor be compelled to attend any place of worship ; nor shall any one ever be obliged to pay any tithes, taxes, or other rate, for the building or repairing any place of worship, or for the maintenance of any minister or ministry. 4. No human authority ought, in any case whatever, to control or interfere with the rights of conscience. 5. No person shall be hurt, molested, or restrained in his reli- gious profession, sentiments, or persuasions, provided he does not disturb others in their religious worship. 6. The civil rights, privileges, or capacities of any citizen, shall in no way be diminished, or enlarged, on account of his religious principles. 7. There shall be no establishment of religion by law ; no prefer- ence shall ever be given by law to any religious sect, society, de- nomination, or mode of worship : and no religious test shall ever be required as a qualification to any ofiice or public trust under this State. 8. Every citizen may freely speak, write, and publish his senti- ments on all subjects, being responsible for the abuse of that liberty. 9. The people shall be secure in their persons, houses, papers, and possessions, from unreasonable seizures or searches ; and 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 afl&rmation. 10. In all criminal prosecutions, the accused has a right to be heard by himself and counsel ; to demand the nature and cause of the accusation, and have a copy thereof : to be confronted by the witnesses against him : to have compulsoi-y process for obtaining witnesses in his favor, and in all prosecutions, by indictment or information, a speedy public trial by an impartial jury of the county or district in which the ofience shall have been committed : he shall not be compelled to give evidence against himself, nor shall he be deprived of his life, liberty, or property, but by due course of law. 11. No person shall be accused, arrested, or detained, except in t cases ascertained by law, and according to the forms which the same has prescribed : and no person shall be punished, but in virtue of a law. established and promulgated prior to the offence, and legally applied. 12. No person shall, for any indictable offence, be proceeded against criminally, by information ; except in cases arising in the land and naval forces, or the militia when in actual service, or, by leave of the court, for oppression or misdemeanor in office. 13. No person shall, for the same offence, be twice put in jeopardy ALABAMA. 309 of life or limb ; nor shall any person's property be taken or applied to public use, unless just compensation be made therefor. 14. 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. 15. No power of suspending laws shall be exercised, except by the General Assembly, or its authority.' 16. Excessive bail shall not be required, nor excessive fines im- posed, nor cruel punishments inflicted. 1 7. All persons shall, before conviction, be bailable by sufficient securities, except for capital offences, when the proof is evident, or the presumption great : and the privilege of the writ of " habeas corpus" shall not be suspended, unless when, in case of rebellion, or invasion, the public safety may require it. 1 8. The person of a debtor, where there is not strong presumption of fraud, shall not be detained in prison, after delivering up his es- tate for the benefit of his creditors, in such manner as shall be pre- scribed by law. 19. No ex post facto law, nor law impairing the obligation of con- tracts, shall be made. 20. No person shall be attainted of treason or felony by the G-eneral Assembly. No attainder shall work corruption of blood, nor for- feiture of estate. 21. The estates of suicides shall descend or vest as in cases of nat- ural death ; if any person sliall be killed by casualty, there shall bo no forfeiture by reason thereof 22. The citizens have a right, in a peaceable manner, to assemble together 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. 23. Every citizen has a right to bear arms in defense of himself and the State. 24. No standing army shall be kept up without the consent of the General Assembly ; and, in that case, no appropriation of money for its support shall be for a longer term than one year ; and the military shall, in all cases, and at all times, be in strict subordina- tion to the civil power. 25. 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. 26. No title of nobility, or hereditary distinction, privilege, honor, or emolument, shall ever be granted or conferred in this State ; nor shall any office be created, the appointment of which shall be for a longer terra than during good behavior. 27. Emigration from this State shall not be prohibited, nor shall any citizen be exiled. 28. The right of trial by jury shall remain inviolate.* JIO CONSTITUTION OF 29. No person shall be debarred from prosecuting or defending a!ny civil cause, for or against him or herself, before any tribunal in this State, by him or herself or counsel. 30. This enumeration of certain rights shall not be construed to deny or disparage others retained by the people ; and to guard against any encroachments on the rights herein retained, or any transgression of any of the high powers herein delegated, we declare, that everything in this article is excepted out of the general powers of government, and shall forever remain inviolate ; and that all laws contrary thereto, or to the following provisions, shall be void. ARTICLE 11.— Dif^tribuiion of Powers. Sec. 1. The powers of the government of the State of Alabama 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 executive to another ; and those which are judicial to another. 2. No person, or collection of persons, being one of those depart- ments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted. ARTICLE III. — Legislative Department. Sec. i. The legislative power of this State shall be vested in two distinct branches ; the one to be styled the Senate, and the other the House of Representatives, and both together " the General As- sembly of the State of Alabama ;" and the style of their laws shall be, " Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened." 2. The members of the House of Representatives shall be chosen by the qualified electors, and shall serve for the term of one year, from the day of the commencement of the general election, and no longer. 3. The representatives shall be chosen every year, on the first Monday and the day following in August, until otherwise directed by law. 4. No person shall be a representative, unless he be a white man, a citizen of the United States, and shall have been an inhabitant of this State two years next preceding his election, and the last year thereof a resident of the county, city, or town, for which he shall be chosen, and shall have attained the age of twenty-one years. 5. Every white male person of the age of twenty-one years, or upwards, who shall be a citizen of the United States, and shall have resided in this State one year next preceding an election, and the last three months within the county, city, or town, in which he offers to vote, shall be deemed a qualified elector : provided, ihxi no sol- dier, seaman, or marine, in the regular army or navy of the United States, shall be entitled to vote at any election in this State ; and ALABAMA. 311 provided, also, that no elector shall be entitled to vote except in the coiuity, city, or town, (entitled to separate representation,) in which he may reside at the time of the election. 6. Electors shall, in all cases, except in those of treason, felony, or breach of the peace, be privileged from arrest during their at- tendance at elections, and in going to and returning from the same. 7. In all elections by the people, the electors shall vote by ballot, until the General Assembly shall otherwise direct. 8. Elections for representatives for the several counties shall be held at the place of holding their respective courts, and at such other places as may be prescribed by law : Provided, that when it shall ap- pear to the General Assembly that any city or town shall have a number of white inhabitants equal to the ratio then fixed, such city or town shall have a separate representation, according to the num- ber of white inhabitants therein ; which shall be retained so long as such city or town shall contain a number of white inhabitants equal to the ratio which may from time to time be fixed by law ; and there- after, and during the existence of the right of separate representa- tion, in such city or town, elections for the county in which such city or town (entitled to such separate representation) is situated, shall not be held in such city or town ; but it is understood and hereby declared; that no city or town shall be entitled to separate repre- sentation, unless the number of white inhabitants in the county in which such city or town is situated, residing out of the limits of said city or town, be equal to the existing ratio : or unless the residuum or fraction of such city or towa shall, when added to the white in- habitants of the county residing out of the limits of said city or town, be equal to the ratio fixed for law by one representative ; and provided, that, if the residuum or fraction of any city or town, enti- tled to separate representation, shall, when added to the residuum of the county in which it may lie. be equal to the ratio fixed by law for one representative, then the aforesaid county, city, or town, having the largest residuum, shall be entitled to such representation : and provided, also, that wl' -n there are two or more counties adjoining, which have residuums ir fractions over and above the ratio then fixed by law, if said residuums or fractions, when added together, will amount to such ratio, in that case one representative shall be added to that county having the largest residuum. 9. The General Assembly shall, at their first meeting and in the years one thousand eight hundred and twenty, one thousand eight hundred and twenty-three, one thousand eight hundred and twenty- six, and every six years thereafter, cause an enumeration to be made of all the inhabitants of the State, and the whole number of the rep- resentatives shall, at the first session held, after making every such enumeration, be fixed by the General Assembly, and apportioned among the several counties, cities, or towns, entitled to separate representation, according to their respective numbers of white in- habitants ; and the said apportionment, when made, shall not be 23 312 CONSTITUTION OP subject to alteration, until after the next census shall be taken. The House of Representatives shall not consist of less than forty-four nor more than sixty members, until the number of white inhabitants shall be one hundred thousand, and after that event, the whole num- ber of representatives shall never be less than sixty, nor more than one hundred : Provided, however, that each county shall be entitled to at least one representative. 10. The Greneral Assembly shall, at the first session, after making every such enumeration, fix by law the whole number of senators, and shall divide the State into the same number of districts, as nearly equal in the number of white inhabitants as may be, each of which districts shall be entitled to one senator and no more : Pro- vided, that the whole number of senators shall never be less than one-fourth, nor more than one-third, of the whole number of rep- resentatives. 11. When a senatorial district shall be composed of two or more counties, the counties of which such district consists shall not be en- tirely separated by any county belonging to another district ; and no county shall be divided in forming a district. 12. Senators shall be chosen by the qualified electors, for the term of three years, at the same time, in the same manner, and at the same places, where they may vote for members of the House of Representatives and no person shall be a senator unless he be a white man, a citizen of the United States, and shall have been an inhabitant of this State two years nest preceding his election, and the last year thereof a resident of the district for which he shall be chosen, and shall have attained to the age of twenty-seven years. 13. The senators chosen according to the apportionment under the census ordered to be taken in one thousand eight hundred and twenty-six, when convened, shall be divided by lot into three classes, as nearly equal as may be. The seats of the senators of the first class shall be vacated at the expiration of the first year, those of the second class at the expiration of the second year, and those of the third class at the expiration of the third year, so that one- third may be annually chosen thereafter, and a rotation thereby kept up perpetually. Such mode of classifying new additional senators shall be observed as will, as nearly as possible, preserve an equality of members in each class. 14. The House of Representatives, when assembled, shall choose a speaker, and its other officers ; and the Senate shall annually choose a President, and its other officers ; each house shall judge of the qualifications, elections, and returns of its own members : but a con- tested election shall be determined in such manner as shall be di- rected by law. 15. A majority of each house shall constitute a quorum to do bu- siness, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such maimer and under such nenalties, as each house may provide. ALABAMA. 313 16. Each house may determine the rules of its own proceedings, punish members for disorderly behavior, 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. 17. Each house during the session, may punish by imprisonment, any person not a member, for disrespectful or disorderly behavior in its presence, or for obstructing any of its proceedings : Provided, that such imprisonment shall not, at any one time, exceed forty-eight hours. 18. Each house shall keep a journal of its proceedings, and cause the same to be published immediately after its adjournment, except- ing 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 any two members present, be entered on the jour- nals. And any member of either house shall have liberty to dissent from, or protest against, any act or resolution which he may think injurious to the public or an individual, and have the reasons of his dissent entered on the journals. 19. Senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same : allowing one day for every twenty miles such mem- bers may reside from the place at which the General Assembly is convened ; nor shall any member be liable to answer for anything spoken in deba.te in either house, in any court or place elsewhere. 21 When vacancies happen in either house, the Governor, or the person exercising the powers of the Governor, shall issue writs of election to fill such vacancies. 21. The doors of each house shall be open, except on such occa- sions as, in the opinion of the house, may require secrecy. 22. 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. 23. Bills may originate in either house, and be amended, altered, or rejected by the other : but no bill shall have the force of a law until on three several days it be read in each house, and free discus- sion be allowed thereon, unless in cases of urgency, four-fifths of the house in which the bill shall be depending may deem it ex- pedient to dispense with this rule : and every bill, having passed both houses, shall be signed by the Speaker and President of their respective houses : provided that all bills for raising revenue shall originate in the House of Representatives, but the Senate may amend or reject them as other bills. 24. Each member of the General Assembly shall receive from the public treasury such compensation for his services as may be fixed by law ; but no increase of compensation shall take efiect during the session at which such increase shall have been made. 314 CONSTITUTION OP 25. No senator or representative 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 shall have been increased, during such term ; except such offices as may be filled by elections by the people. 26. No person holding any lucrative office under the United States, (the office of postmaster excepted,) this State, or any other power, shall be eligible to the Greneral Assembly ; provided that offices in the militia to which there is attached no annual salary, or the office of justice of the peace, or that of the quorum of the county court, while it has no salary, shall not be deemed lucrative. 27. No person who may hereafter be a collector or holder of public moneys shall have a seat in either house of the G-eneral Assembly, or be eligible to any office of trust or profit under this State, until he shall have accounted for, and paid into the treasury, all sums for which he may be accountable. 28. The first election for senators and representatives shall be general throughout the State ; and shall be held on the third Monday and Tuesday in September next. 29. The first session of the Greneral Assembly shall commence on the fourth Monday in October next, and be held at the town of Huntsville, and all subsequent sessions at the town of Cahawba, until the end of the first session of the General Assembly to be held in the year one thousand eight hundred and twenty -five ; during that session the Greneral Assembly shall have power to designate by law (to which the executive concurrence shall not be required) the permanent seat of government, which shall not thereafter be changed ; Provided, however, that unless such designation be then made by law, the government shall continue permanently at the town of Ca- hawba ; and provided, also, that the General Assembly shall make no appropriations previous to the year one thousand eight hundred and twenty-five, for the building of any other state house than that now provided for by law. ARTICLE IV. — Executive Department. Sec. 1. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled the Grovernor of the State of Alabama. 2. The Grovernor shall be elected by the qualified electors at the time and places when they shall respectively vote for representatives. 3. The returns of every election for Grovernor shall be sealed up, and transmitted to the seat of government, directed to the Speaker of the House of Representatives, who shall, during the first week of the session, open and publish them in presence of both houses of the General Assembly. The person having the highest number of votes shall be Governor, but if two or more shall be equal and highest in votes, one of them shall be chosen Governor by the joint vote of both houses. Contested elections for Governor shall be de- ALABAMA. 315 termined by both houses of the General Assembly, in such manner as shall be prescribed by law. 4. The Governor shall hold his office for the term of two years from the time of his installation, and until his successor shall be du- ly qualified, but shall not be eligible for more than four years in any term of six years : he shall be at least thirty years of age, shall be a native citizen of the United States, and shall have resided in this State at least four years next preceding the day of his election. 5. He shall, at stated times, receive a compensation for his servi- ces, which shall not be increased or diminished during the term for which he shall have been elected. 6. He shall be commander-in-chief of the army and navy of this State, and of the militia thereof, except when they shall be called into the service of the United States. And when acting in the ser- vice of the United States, the General Assembly shall fix his rank. 7. He may require information in writing from the officers in the executive department on any subject relating to the duties of their respective offices. 8. He may, by proclamation, on extraordinary occasions, convene the General Assembly at the seat of government, or at a different place, if that shall have become, since their last adjournment, dan- gerous from an enemy or from contagious disorders ; in case of dis- agreement between the two houses, with respect to the time of ad- journment, he may adjourn them to such time as he shall think prop- er, not beyond the day of the next annual meeting of the General Assembly. 9. He shall from time to time give to the General Assembly in- formation of the state of the government, and recommend to their consideration such measures as he may deem expedient. lU. He shall take care that the laws be faithfully executed. 11. In all criminal and penal cases, except in those of treason and impeachment, he shall have power to grant reprieves and par- dons, and remit fines and forfeitures, under such rules and regula- tions as shall be prescribed by law. In cases of treason he shall have power, by and with the advice and consent of the Senate, to grant reprieves and pardons ; and he may. in the recess of the Sen- ate, respite the sentence iintil the end of the next session of the General Assembly. 12. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and the present seal of the territory shall be the seal of the State, until otherwise directed by the General Assembly. 13. All commissions shall be in the name, and by the authority of the State of Alabama, be sealed with the State seal, signed by the Governor, and attested by the Secretary of State. 14. There shall be a Secretary of State appointed by joint vote of both houses of the General Assembly, who shall continue in office during the term of two years. He shall keep a fair register of all 316 CONSTITUTION OP ofScial acts and proceedings of the Groveruor, and shall, when re- quired, lay the same, and all papers, minutes, and vouchers relative thereto, before the General Assembly ; and shall perform such other duties as may be required of him by law. 15. Vacancies that may happen in offices, the appointment to which is vested in the Greneral Assembly, shall be filled by the Gov- ernor during the recess of the General Assembly, by granting com- missions which shall expire at the end of the nest session. 16. Every bill which shall have passed both houses of the Gene- ral Assembly, shall 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 shall have originated, who shall enter the ob- jections at large upon the journals, and proceed to reconsider it ; if, after such reconsideration, a majority of the whole number elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall likewise be recon- sidered ; if approved by a majority of the whole number elected to that house, it shall become a law : but in such cases tlie votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the jour- nals of each house respectively : if any bill shall not be returned by the Governor within five days, Sundays excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly, by their adjournment, prevent its return, in which case it shall not be a law. 17. 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 re-passed by both houses, according to the rules and limitations prescribed in the case of a bill. 18. In case of the impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, or absence from the State, the President of the Senate shall exercise all the power and authority appertaining to the office of Governor, until the time point- ed out by this Constitution for the election of Governor shall arrive, unless the General Assembly shall provide by law for the election of a Governor to fill such vacancy, or until the Governor absent or impeached shall return or be acquitted. 19. If, during the vacancy of the office of Governor, the Presi- dent of the Senate shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the State, the Speaker of the House of Representatives shall in like manner administer the gov- ernment. 20. The President of the Senate and Speaker of the House of Kepresentatives, during the time they respectively administer the government, shall receive the same compensation which the Gov- ALABAMA. 317 ernor would have received, had he been employed in the duties of his office. 21. The Grovernor stall always reside, during the session of the General Assembly, at the place where their session may be held, and at all other times, wherever, in their opinion, public good may require. 22. ^No person shall hold the office of Governor, and any other office or commission, civil or military, either in this State, or under any state or the United States, or any other power, at one and the same time. 23. A State Treasurer and a Comptroller of public accounts shall be annually elected, by joint vote of both houses of the General Assembly. 24. A sheriff shall be elected in each county by the qualified elec- tors thereof, who shall hold his office for the term of three years un- less sooner removed, and who shall not be eligible to serve either as principal or deputy for the three succeeding years. Should a va- cancy occur subsequent to an election, it shall be filled by the Gov- ernor, as in other cases, and the person so appointed shall continue in office until the nest general election, when such vacancy shall be filled by the qualified electors, and the sheriff then elected shall continue in office for three years. Militia. Sec. I. The General Assembly shall provide by law for the or- ganizing and disciplining the militia of this State, in such manner as they shall deem expedient, not incompatible with the Constitu- tion and laws of the United States in relation thereto. 2. Any person who conscientiously scruples to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service. 3. The Governor shall have power to call forth the militia to exe- cute the laws of the State, to suppress insurrections, and repel invasions. 4. All officers of the militia shall be elected or appointed in such manner as may be prescribed by law : Provided, that the General Assembly shall not make any such elections or appointments, other than those of adjutants-general, and quarter-masters-general. 5. The Governor shall appoint his aids-de-camp ; majors-general, their aids-de-camp, and all other division staff-officers ; brigadiers- general shall appoint their aids, and all other brigade staff-officers ; and colonels shall appoint their regimental staff-officers. 6. The General Assembly shall fix by law the method of dividing the militia into divisions, brigades, regiments, battalions, and com- panies : and shall fix the rank of all staff-officers. ARTICLE V. — Judicial Department Sec. 1. The judicial power of this State shall be vested in one 318 CONSTITUTION OP Supreme Court, circuit courts to be held in each county in the State, and such inferior courts of law and equity, to consist of not more than five members, as the General Assembly may, from time to time, direct, ordain, and establish. 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 such restrictions and regula- tions, not repugnant to this Constitution, as may from time to time be prescribed by law : Provided that the Supreme Court shall have power to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other remedial and original writs as may be neces- sary to give it a general superintendence and control of inferior jurisdictions. 3. Until the General Assembly shall otherwise prescribe, the powers of the Supreme Court shall be vested in, and its duties shall be performed by, the judges of the several circuit courts within this State : and they, or a majority of them, shall hold such sessions of the Supreme Court, and at such times as may be directed by law : Provided, that no judge of the Supreme Court shall be appointed before the commencement of the first session of the General Assem- bly, which shall be begun and held after the first day of January, in the year one thousand eight hundred and twenty-five. 4. The Supreme Court shall be holden at the seat of govern- ment, but may adjourn to a different place, if that shall become dangerous from an enemy or from disease. 5. The State shall be divided into convenient circuits, and each circuit shall contain not less than three, nor more than six counties ; and for each circuit there shall be appointed a judge, who shall, after his appointment, reside in the circuit for which he may be appointed. 6. The circuit court shall have original jurisdiction in all mat- ters, civil and criminal, within this State, not otherwise excepted in this Constitution ; but in civil cases, only when the matter or sum in controversy exceeds fifty dollars. 7. A circuit court shall be held in each county in the State, at least twice in every year, and the judges of the several circuit courts may hold courts for each other, when they may deem it ex- pedient, and shall do so when directed by law. 8. The General Assembly shall have power to establish a court or courts of chancery, with original and appellate equity jurisdiction ; and until the establishment of such court or courts, the said juris- diction shall be vested in the judges of the circuit courts respec- tively : Provided, that the judges of the several circuit courts shall have power to issue writs of injunction, returnable into the courts of chancery. 9. The General Assembly shall have power to establish, in each county within this State, a court of probate, for the granting of let- ters testamentary and of administration, and for orphans' business. ALABAMA. 319 10. A competent number of justices of the peace shall be appoint- sd in and for each county, in such mode, and for such term of office, as the General Assembly may direct. Their jurisdiction in civil cases shall be limited to causes in which the amount in controversy shall not exceed fifty dollars. And in all cases, tried by a justice of the peace, right of appeal shall be secured, under such rules and regulations as may be prescribed by law. 11. Judges of the Supreme and circuit courts, and courts of chancery, shall, at stated times, receive for their services a compen- sation, which shall be fixed by law, and shall not be diminished during their continuance in office : but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under this State, the United States, or any other power. 12. Chancellors, judges of the Supreme Court, judges of the cir- cuit courts, and judges of the inferior courts, shall be elected by joint vote of both houses of the General Assembly. 13. The judges of the several courts in this State shall hold their offices during good behavior ; and for wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground for impeach- ment, the Governor shall remove any of them, on the address of two-thirds of each house of the General Assembly ; provided how- ever, that the cause or causes for which such removal shall be re- quired, shall be stated at length in such address, and entered on the journals of each house ; and provided further, that the cause or causes shall be notified to the judge so intended to be removed, and he shall be admitted to a hearing in his own defense, before any vote for such address shall pass : and in all such cases the vote shall be taken by yeas and nays, and entered on the journals of each house respectively ; and provided also, that the judges of the seve- ral circuit courts who shall be appointed before the commencement of the first session of the General Assembly which shall be begun and held after the first day of January in the year of our Lord one thousand eight hundred and twenty-five, shall only hold their offices during good behavior, u.ntil the end of the said session, at which time their commissions shall expire. 14. No person who shall have arrived at the age of seventy years shall be appointed to, or continue in the office of judge in this State. 15. Clerks of the circuit and inferior courts in this State shall be elected by the qualified electors in each county, for the term of four years, and may be removed from office for such cause, and in such manner as may be prescribed by law; and should a vacancy occur, subsequent to an election, it shall be filled by the judge or judges of the courts in which such vacancy exists ; and the person so ap- pointed shall hold his office until the next general election ; provi- ded, however, that after the year one thousand eight hundred and twenty-sis, the General Assembly may prescribe a different mode of appointment, but shall not make such appointment. 16. The judges of the Supreme Court shall, by virtue of their 320 CONSTITUTION OF offices, be conservators of the peace throughout the State ; as also the judges of the circuit courts in their respective districts, and judges of the inferior courts in their respective counties. 1 7. The style of all processes shall be " the State of Alabama," and all prosecutions shall be carried on in the name, and by the authority of the State of Alabama, and shall conclude '■ against the peace and dignity of the same." 18. There shall be an Attorney-General for the State, and as many solicitors as the General Assembly may deem necessary, to be elected by a joint vote thereof, who shall hold their offices for the term of four years, and shall receive for their services a compensa- tion, which shall not be diminished during their continuance in office. Impeachments. Sec. 1. The House of Representatives shall have the sole power of impeaching. 2. All impeachments shall be tried by the Senate : when sitting for that purpose, the senators shall be on oath or affirmation ; and 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 judgment in such cases shall not extend further than to removal from office, and to disqual- ification to hold any office of honor, trust, or profit, under the State ; but the party convicted shall nevertheless be liable and subject to indictment, trial, and punishment, according to law. ARTICLE VI. General Provisions. Sec. 1. The members of the General Assembly, and all officers, executive, and judicial, before they enter on the execution of their respective offices, shall take the following oath or affirmation, to wit : " I solemnly swear (or affirm, as the case may be) that I will sup- port the Constitution of the United States, and Constitution of the State of Alabama, so long as I continue a citizen thereof, and that I will faithfully discharge, to the best of my abilities, the duties of , according to law. So help me God." * 2. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and com- fort. No person shall be convicted of treason unless on the testi- mony of two witnesses to the same overt act, or his own confession in open court. 3. The General Assembly shall have power to pass such penal laws to suppress the evil practice of duelling, extending to disquali- fication from office or the tenure thereof, as they may deem ex pedient. 4. Every person shall be disqualified from holding any office or place of honor or profit, under the authority of the State, who shall ALABAMA. 321 be convicted of having given or offered any bribe to procure his election or appointment. 5. Laws shall be made to exclude from office, from suffrage, and from serving as jurors, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanors. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influ- ence thereon, from power, bribery, tumult, or other improper conduct. 6. In all elections by the General Assembly, the members thereof shall vote viva voce, and the votes shall be entered on the journals. 7. No money shall be drawn from the treasury, but in conse- quence of an appropriation made by law ; and a regular statement and account of the receipts and expenditures of all public moneys shall be published annually. 8. All lands liable to taxation in this State, shall be taxed in proportion to their value. 9. The General Assembly shall direct, by law, in what manner, and in what courts, suits may be brought against the State. 10. 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 officers, for neglect of duty in their official capacities, and the amount of such deduction. 11. Absence on business of this State, or of the United States, or on a visit, or necessary private business, shall not cause a forfeiture of a residence once obtained. 12. No member of Congress, nor any person holding any office of profit or trust under the United States, (the office of postmaster excepted,) or either of them, or any foreign power, shall hold or ex- ercise any office of profit under this State. 13. Divorces from the bonds of matrimony shall not be granted but in eases provided for by law, by suit in chancery : and no decree for such divorce shall have effect until the same shall be sanctioned by two-thirds of both houses of the General Assembly. 14. In prosecutions for the publishing of papers investigating 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 in all indictments for libels, the jury shall have a right to determine the law and the facts, under the di- rection of the courts. 15. Returns of all elections for officers who are to be commissioned by the Governor, and for members of the General Assembly, shall be made to the Secretary of State. 16. No new county shall be established by the General Assembly, which shall reduce the county or counties, or either of them, from which it shall be taken, to a less content than nine hundred square miles ; nor shall any county be laid off of less contents. Every new county, as to the right of suffrage and representation, shall be con- 322 CONSTITUTION OF sidered as a part, of the county or counties from which it was taken, until entitled by numbers to the right of separate representation. 17. The General Assembly shall, at their first session, which may be holden in the year eighteen hundred and twenty-eight, or at the next succeeding session, arrange and designate boundaries for the several counties within the limits of this State, to which the Indian title shall have been extinguished, in such manner as they may deem expedient, which boundaries shall not be afterwards altered, unless by the agreement of two-thirds of both branches of the General Assembly ; and in all cases of ceded territory acquired by the State, the General Assembly may make such arrangements and designa- tions of the boundaries of counties within such ceded territory, a.s they may deem expedient, which shall only be altered in like manner : provided, that no county hereafter to be formed shall be of less ex- tent than nine hundred square miles. 18. It shall be the duty of the General Assembly to pass such laws as may be necessary and proper to decide differences by arbi- trators, to be appointed by the parties, who may ohoose that summary mode of adjustment. 19. It shall be the duty of the General Assembly, as soon as cir- cumstances will permit, to form a penal code, founded on principles of reformation, and not of vindictive justice. 20. Within fiye years after the adoption of this Constitution, the body of our laws, civil and criminal, shall be revised, digested, and arranged under proper heads, and promulgated in such manner as the General. Assembly may direct : and a like revision, digest, and promulgation shall be made within every subsequent period of ten years. 21. The General Assembly shall make provision by law for ob- taining correct knowledge of the several objects proper for improve- ment in relation to the navigable waters, and to the roads in this State, and for making a systematic and economical application of the means appropriated to those objects. 22. In the event of the annexation of any foreign territory to this State, by a cession from the United States, laws may be passed, ex- tending to the inhabitants of such territory all the rights and privi- leges which may be required by the terms of such cession ; anything in this Constitution to the contrary notwithstanding. Education. Schools, and the means of education, shall for ever be encouraged in this State ; and the General Assembly shall take measures to pre- serve from unnecessary waste or damage such lands as are, or hereaf- ter may be, granted by the United States for the use of schools within each township in this State, and apply the funds, which may be raised from such lands, in strict conformity to the object of such grant. The General Assembly shall take like measures for the im- provement df such lands as have been or mky be hereafter granted ALABAMA. 323 by the United States to this State, for the support of a seminary of learning, and the moneys, which may be raised from such lands, by rent, lease, or sale, or from any other quarter, for the purpose afore- said, shall be and remain a fund for the exclusive support of a State University, for the promotion of the arts, literature, and the scien- ces ; and it shall be the duty of the Greneral Assembly, as early as may be, to provide effectual means for the improvement and perma nent security of the funds and endowments of such institution. Establishment of Banks. One State bank may be established, with such number of branches as the General Assembly may, from time to time, deem ex- pedient : Provided, that no branch bank shall be established, nor bank charter renewed, under the authority of this State, without the concurrence of two-thirds of both houses of the General Assembly ; and provided, also, that not more than one bank nor branch bank shall be established, nor bank charter renewed, at any one session of the General Assembly ; nor shall any bank or branch bank be established, or bank charter renewed, but in conformity with the following rules: 1st. At least two-fifths of the capital stock shall be reserved for the State. 2d. A proportion of power in the direction of the bank shall be reserved to the State, equal at least to its proportion of stock therein. 3d. The State, and the individual stockholders, shall be liable re- spectively, for the debts of the bank, in proportion to their stock holden therein. 4th. The remedy for collecting debts shall be reciprocal, for and against the bank. 5th. No bank shall commence operations until half of the capital stock subscribed for be actually paid in gold or silver, which amount shall, in no case be less than one hundred thousand dollars. 6th. In case any bank or branch bank shall neglect or refuse to pay. on demand, any bill, note, or obligation, issued by the corporation, according to the promise therein expressed, the holder of any such note, bill, or obligation, shall be entitled to receive and recover in- terest thereon, until the same shall be paid, or specie payments are resumed, by said bank, at the rate of twelve per cent, per annum from the date of such demand, unless the General Assembly shall sanction such suspension of specie payments ; and the General As- sembly shall have power, after such neglect or refusal, to adopt such measures as they may deem proper, to protect and secure the rights of all concerned : and to declare the charter of such bank forfeited. 7th. After tlie establishment of a general State bank, the banks of this State now existing may be admitted as branches thereof, upon such terms as the Legislature and the said banks may agree, subject nevertheless to the preceding rules. 324 CONSTITUTION OP ALABAMA. Sec. 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. They shall have no power to prevent emigrants to this State from bringing with them such persons as are deemed slaves by the laws of any one 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 : provided, that such person or slave be the bona fide property of such emigrants : and provided, also, that laws may be passed to prohibit the introduc- tion into this State of slaves who have committed high crimes in other states or territories. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have full power to prevent slaves from being brought into tliis State as merchandise, and also to oblige the owners of slaves to treat them with humanity, to provide for them necessary food and clothing, to abstain from all injuries to them extending to life or limb ; and in case of their neglect or refusal to comply with the di- rections of such laws, to have such slave or slaves sold for the bene- fit of the owner or owners. 2. In the prosecution of slaves for crimes of higher grade than petit larceny, the General Assembly shall have no power to deprive them of an impartial trial by a petit jury. 3. Any person who shall maliciously dismember or deprive a slave of life, shall suffer such punishment as would be inflict d in case the like offence had been committed on a free white person, and on the like proof, except in case of insurrection of such slave. Mode of Amending and Revising the Constitution. The General Assembly, whenever two-thirds of each house shall deem it necessary, may propose amendments to this Constitution ; which proposed amendments shall be duly published in print, at least three months before the next general election of representatives, 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 representatives, to open a poll for, and make a return to the Sec- retary of the 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 this State voting for representatives, have voted in favor of such proposed amendments, and two-thirds of each houpe of the next General Assembly shall, after such an election, and before another, ratify the same amendments by yeas and nays, they shall be valid, to all intents and purposes, as parts of this Constitution : provided, that the said proposed amendments shall, at each of the said sessions, have been read three times, on three several days in each house. MISSISSIPPI. In 1716 the French formed a settlement at Natchez, and claimed the terri- tory as belonging to Louisiana. This colony was massacred by the Indians in 1729. In 1763 it was ceded to the British, and north of the 31st degree of north latitude, was in the chartered limits of Georgia ; south ot that belonged to West Florida. This part was ceded to the United States by Spam, m 1798. In 1800 this State, with Alabama, was constituted a territory. In 1817 Mississippi was separated from Alabama, and became an independent State. It adopted its first Constitution in 1817, which was revised in 1832. Area, 45,760 sq. miles. Pop. in 1850, 592,853, of v/hom 300,419 were slaves. Free negroes, 898. CONSTITUTION. ARTICLE 1.— Declaration of Rights. That the general, great and essential principles of liberty and free government may be recognized and established, we declare : — Sec. 1. That all freemen, when they form a social compact, are equal in rights ; and that no man, or set of men, are entitled to exclu- sive, separate public emoluments or privileges from the community, but IB consideration of public services. 326 CONSTITUTION OF 2. That all political power is inherent in the people, and all free governments are founded on their authority and established for their benefit ; and, therefore, they have at all times an inalienable and indefeasible right to alter or abolish their form of government, in such manner as they may think expedient. 3. The exercise and enjoyment of religious profession and wor- ship, 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 jus- tify practices inconsistent with the peace and safety of the State. 4. No preference shall ever be given by law to any religious sect, or mode of worship. 5. That no person shall be molested for his opinions on any sub- ject whatever, nor suiFer any civil or political incapacity, or ac- quire any civil or political advantage, in consequence of such opin- ions, except in cases provided for in this Constitution. 6. Every citizen may freely speak, write and publish his senti- ments on all subjects ; being responsible for the abuse of that liberty. 7. No law shall ever be passed to curtail or restrain the liberty of speech, or of the press. 8. In all prosecutions or indictments for libel, the truth may be given in evidence ; and if it shall appear to the jury that the matter charged as libellous is true, and was published 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 facts. 9. That the people shall be secure in their persons, houses, papers, and possessions from unreasonable seisures and searches ; and that no warrant to search any place, or to seize any person or thing, shall issue without describing the place to be searched, and the person or thing to be seized, as nearly as may be, nor without probable cause, supported by oath or afiirmation. 10. That in all criminal prosecutions, the accused hath 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 compulsory process for obtaining witnesses in his favor; and in all prosecutions by indictment or information a speedy and public trial by an impartial jiiry of the county whore the offence was committed ; that he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, but by due course of law. 11. No person shall be accused, arrested or detained, except in cases ascertained by law, and according to the form which the same has prescribed ; and no person shall be punished but in virtue of a law established and promulgated prior to the offence, and legally applied. 12. That no person shall, for any indictable offence, be pro- ceeded agaij'.st criminally by information : except in cases arising in MISSISSIPPI. 327 tlie land or naval forces, or in the militia when in actual service, or by leave of the court, for misdemeanor in office. 13. No person shall, for the same offiince, be twice put in jeopardy of life or limb ; nor shall any person's property be taken or applied to public use without the consent of the Legislature, and without just compensation being first made therefor. 14. That all courts shall be open, and every person for an injury done him in his lands, goods, person, or reputation, shall have reme- dy by due course of law, and right and justice administered with- out sale, denial or delay. 15. That no power of suspending laws shall be exercised, except by the Legislature, or its authority. 16. That excessive bail shall not be rec[uired, nor excessive fines imposed, nor cruel punishments inflicted. 17. That all prisoners shall before conviction be bailable by suf- ficient securities, except for capital offences, where the proof is evi- dent, or the presumption great ; and the privilege of the writ of habeas corpus shall not be suspended, unless, when in case of rebel- lion or invasion, the public safety may require it. 18. That the person of a debtor, when there is not strong pre- sumption of fraud, shall not be detained in prison, after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law. 19. No conviction for any offence shall work corruption of blood or forfeiture of estate : The Legislature shall pass no bill of attain- der, ex post facto law, nor law impairing the obligation of contracts. 20. No property qualification for eligibility to office, or for the right of suffrage, shall ever be required by law in this State. 21. That the estates of suicides shall descend or vest as in cases of natural death : and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. 22. That the citizens have a right in a peaceable manner, to as- semble together for their common good, and to apply to those vested with the powers of government for redress of grievances, or other proper purposes, by petition, address or remonstrance. 23. Every citizen has a right to bear arms in defense of himself and of the State. 24. 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. 25. 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 manner to be prescribed by law. 26. That no hereditary emoluments, privileges or honors shall ever be granted or conferred in this State. 27. Emigration from this State shall not be prohibited, nor shall any free white citizen of this State ever be exiled under any pre- tence whatever. 24 328 CONSTITUTION OF 28. The right of trial by jury shall remain inviolate. 29. No person shall be debarred from prosecuting or defending any civil cause for or against him or herself before any tribunal in this State, by him or herself, or counsel or both. 30. No person shall ever be appointed or elected to any office in this State for life or during good behavior ; but the tenure of all offices shall be for some limited period of time, if the person ap- pointed or elected thereto shall so long behave well. Conclusion. To guard against transgressions of the high powers herein dele- gated, we declare, that everything in this article is excepted out of the general powers of government, and shall forever remain invio- late ; and that all laws contrary thereto or to the following provis- ions, shall be void. ARTICLE II. — Distribution of Powers. Sec. 1. The powers of the government of the State of Mississip- pi, 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. 2. No person, or collection of persons, being of one of these de- partments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted. ARTICLE III. — Legislative De^partment. Sec. 1. Every free white male person of the age of twenty-one years or upwards, who «hall be a citizen of the United States, and shall have resided in this State one year next preceding an election, and the last four months within the county, city or town in which he offers to vote, shall be deemed a qualified elector. And any such qualified elector who may happen to be in any county, city or town other than that of his residence at the time of an election, or who shall have removed to any county, city or town within four months preceding the election, from any county, city or town, in which he would have been a qualified elector had he not so removed, may vote for any State or district officer or member of Congress, for whom he could have voted in the county of his residence, or the ■county, city or town, from which he may laave so removed. 2. Electors shall, in all cases, except in those of treason, felony or breach of the peace, be privileged from arrest, during their at- tendance on elections, and going to and returning from the same. 3. The first election shall be by ballot, and all future elections, hj the people, shall be regulated by law. 4. The legislative power of this State shall be vested in two dis- tinct 'branches ; the one to be styled " the Senate," the other " the MISSISSIPPI. 329 House of Representatives ;" and both together, " the Legislature of the State of Mississippi." And the style of their laws shall be, " Be it enacted by the Legislature of the State of Mississippi." 5. The members of the House of Representatives shall be chosen by the qualified electors, and shall serve for the term of two years, from the day of the conimencement of the general election, and no longer. 6. The representatives shall be chosen every two years, on the first Monday and day following in November. 7. No person shall be a representative unless he be a citizen of the United States, and shall have been an inhabitant of this State two years nest preceding his election, and the last year thereof a resident of the county, city or town for which he shall be chosen ; and shall have attained the age of twenty-one years. 8. Elections for representatives for the several counties, shall be held at the places of holding their respective courts, or in the seve- ral election districts into which the county may be divided ; Provi- ded, That when it shall appear to the Legislature that any city or town hath a number of free white inhabitants equal to the ratio then fixed, such city or town shall have a separate representation, according to the number of free white inhabitants therein, which shall be retained so long as such city or town shall contain a num- ber of free white inhabitants equal to the existing ratio, and there- after and during the existence of the right of separate representation in such city or town, elections for the county in which such city or town entitled to a separate representation is situated, shall not be held in such city or town. And provided, That if the residuum or fraction of any city or town entitled to separate representation shall, when added to the residuum in the county in which it may lie, be equal to the ratio fixed by law for one representative ; then the afore- said county, city or town, having the largest residuum, shall be en- titled to such representation : And provided also, That when there are two or more counties adjoining, which have residuums over and above the ratio then fixed by law, if said residuums, when added together, will amount to such ratio, in that case one representative shall be added to that county having the largest residuum. 9. The Legislature shall at their first session, and at periods of not less than every four, nor more than every six years, until the year 1845, and thereafter at periods of not less than every four, nor more than every eight years, cause an enumeration to be made of all the free white inhabitants of this State, and the whole number of representatives shall, at the several periods of making such enumeration, be fixed by the Legislature, and apportioned among the several counties, cities or towns, entitled to separate representa- ' tion, according to the number of free white inhabitants in each, and shall not be less than thirty-six nor more than one hundred: Pro- vided, however, That each county shall always be entitled to at least one representative. 330 CONSTITUTION OF 10. The whole number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the Legisla- ture, and apportioned among the several districts to be established by law, according to the number of free white inhabitants in each, and shall never be less than one-fourth, nor more than one-third of the whole number of representatives. U. The senators shall be chosen by the qualified electors, for four years, and on their being convened in consequence of the first election, they shall be divided by lot from their respective districts into two classes as nearly equal as can be. — And the seats of the senators of the first class shall be vacated at the expiration of the second year. 12. Such mode of classifying new additional senators shall be ob- served as will as nearly as possible preserve an equality of numbers in each class. 13. When a senatorial 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 dis- trict. 14. No person shall be a senator unless he be a citizen of the United States, and shall have been an inhabitant of this State four years next preceding his election, and the last year thereof a resi- dent of the district for which he shall be chosen, and have attained the age of thirty years. 15. The House of Kepresentatives, when assembled, shall choose a Speaker and its other officers, and the Senate shall choose s. President and its officers, and each house shall judge of the quali- fications and elections of its own members : but a contested election shall be determined in such manner as shall be directed by law. 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. 16. Each house may determine the rules of its own proceedings, punish members for disorderly behavior, 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 Leg- islature of a free and independent State. 17. Each house shall keep a journal of its proceedings, and pub- lish 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. 18. When vacancies happen in either house, the Governor, or the person exercising the powers of the Grovernor. shall issue writs of election to fill such vacancies. 19. Senators and representatives shall in all cases, except of trea- son, felony, or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from MISSISSIPPI. 331 the same, allowing one day for every twenty miles such member may reside from the place at which the Legislature is convened. 20. Each house may punish by imprisonment, during the session, any person not a member, for disrespectful or disorderly behavior in its presence, or for obstructing any of its proceedings : Provided, such imprisonment shall not, at any one time, exceed forty-eight hours. 21. Tie doors of each house sliall be open, except on such occa- sions of great emergency, as, in the opinion of the house, may require secrecy. 22. Neither house shall, without the consent of the other, adjourn for more than three days, nor to auy other place than that in which they may be sitting. 23. Bills may originate in either house, and be amended, altered or rejected by the other, but no bill shall have the force of a law, until on three several days, it be read in each house, and free dis- cussion be allowed thereon, unless 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. 24. All bills for raising revenue shall originate in the House of Representatives, but the Senate may amend or reject them as other bills. 25. Each member of the Legislature shall receive from the pub- lic treasury a compensation for his services which may be increased or diminished by law ; but no increase of compensation shall take effect during the session at which such increase shall have been made. 26. No senator or representative shall, during the term for which he shall have been elected, nor for one year thereafter, be appointed to any civil ofl&ce 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 ; and no member of either house of the Legislature shall after the commencement of the first session of the Legislature after his election, and during the remainder of the term for which he is elected, be eligible to any office or place, the appoint- ment to which may be made in whole or in part by either branch of the Legislature. 27. No judge of any court of law or equity. Secretary of State, Attorney-General, clerk of any court of record, sheriff or collector, or any person holding a lucrative office under the United States or this State, shall be eligible to the Legislature : Provided, That offices in the militia, to which there is attached no annual salary, and the office of justice of the peace shall not be deemed lucrative. 28. No person who hath heretofore been, or hereafter may be, a collector or holder of public moneys, shall have a seat in either house of the Legislature, until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable 332 CONSTITUTION OP 29. The first election for senators and representatives sball he general throughout the State, and shall be held on the first Monday and day following in November, 1833 ; and thereafter, there shall be biennial elections for senators to fill the places of those whose term of service may have expired. 30. The first and all future sessions of the Legislature shall be held in the town of Jackson, in the county of Hinds, until the year 1850. During the first session thereafter, the Legislature shall have power to designate by law the permanent seat of government : Pro- vided, however, That unless such designation be then made by law, the seat of government shall continue permanently at the town of Jackson. The first session shall commence on the third Monday in November, in the year 1833 ; and in every two years thereafter, at such time as may be prescribed by law. 31. The Governor, Secretary of State, Treasurer, Auditor of public accounts, and Attorney-deneral, shall reside at the seat of government. • ARTICLE IV. — Judicial Department. Sec. 1. The judicial power of this State shall be vested in one High Court of Errors and Appeals, and such other courts of law and equity as are hereafter provided for in this Constitution. 2. The High Court of Errors and Appeals shall consist of three judges, any two of whom shall form a quorum. The Legislature shall divide the State into three districts, and the qualified electors of each district shall elect one of said judges for the term of six years. 3. The office of one of said judges shall be vacated in two years, and of one in four years, and of one in six years, so that at the ex- piration of every two years, one of said judges shall be elected as aforesaid. 4. The High Court of Errors and Appeals shall have no jurisdic- tion, but such as properly belongs to a Court of Errors and Appeals. 5. All vacancies that may occur in said court, from death, resig- nation, or removal, shall be filled by election as aforesaid : Provided, however, that if the unexpired term do not exceed one year, the vacancy shall be filled by executive appointment. 6. No person shall be eligible to the office of judge of the High Court of Errors and Appeals, who shall not have attained, at the time of his election, the age of thirty years. 7. The High Court of Errors and Appeals shall be held twice in each year, at such place as the Legislature shall direct, until the year eighteen hundred and thirty-six, and afterwards at the seat of government of the State. 8. The Secretary of State, on receiving all the official returns of the first election, shall proceed, forthwith, in the presence and with the assistance of two justices of the peace, to determine by lot among the three candidates having the highest number of votes, which of MISSISSIPPI 333 said judges elect shall serve for the term of two years, which shall serve for the term of four years, and which shall serve for the term of six years, and having so determined the same, it shall be the du- ty of the Governor to issue commissions accordingly. 9. No judge shall sit on the trial of any cause when the parties or either of them shall be connected with him by affinity or consan- guinity, or when he may be interested in the same, except by consent of the judge and of the parties ; and whenever a quorum of said court are situated as aforesaid, the Governor of the State shall in such case specially 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. 1 1. The judges of the Circuit Court shall be elected by the quali- fied electors of each judicial district, and hold their offices for the term of four years, and reside in their respective districts. 12. No person shall be eligible to the office of judge of the Cir- cuit Court, who shall not at the time of his election, have attained the age of twenty-six years. 13. The State shall be divided into convenient districts, and each district shall contain not less than three nor more than twelve coun- ties. 14. The Circuit Court shall have original jurisdiction in all mat- ters, civil and criminal, within this State ; but in civil cases only when the principal of the sum in controversy exceeds fifty dollars. 15. A Circuit Court shall be held in each county of this State, at least twice in each year ; and the judges of said courts, shall inter- change circuits with each other, in such manner as may be prescribed by law, and shall receive for their services a compensation to be fixed by law, which shall not be diminished during their continuance in office. 16. A separate Superior Court of Chancery shall be established, with full jurisdiction in all matters of equity ; provided, however, the Legislature may give to the Circuit Courts of each county equity jurisdiction in all cases where the value of the thing, or amount in controversy, does not exceed five hundred dollars ; also, in all cases of divorce, and for the foreclosure of mortgages. The Chancellor shall be elected by the qualified electors of the whole State, for the term of six years, and shall be at least thirty years old at the time of his election. 17. The style of all process, shall be " The State of Mississippi," and all prosecutions shall be carried on in the name and by the au- thority of " The State of Mississippi," and shall conclude, " against the peace and dignity of the same." 1 8. A Court of Probates shall be established in each county of this State, with jurisdiction in all matters testamentary and of adminis- tration in orphans' business, and the allotment of dower, increase of 334 CONSTITUTION OP idiotcy and lunacy, and of persons n^n compos meiitis ; the judge of said court shall be elected by the qualified electors of the respectiye counties, for the term of two years. 19. The clerk of the High Court of Errors and Appeals shall be appointed by said court for the term of four years, and the clerks of the circuit, probate, and other inferior courts, shall be elected by the qualified electors of the respective counties, and shall hold their ofiices for the term of two years. 20. The qualified electors of each county shall elect five persons for the term of two years, who shall constitute a board of police for each county, a majority of whom may transact business ; which body shall have full jurisdiction over roads, highways, ferries, and bridges, and all other matters of county police, and shall order all county elections to fill vacancies that may occur in the offices of their re- spective counties : the clerk of the Court of Probate shall be the clerk of the boai*d of county police. 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 establish- ed until one year after their organization ; and all vacancies that may occur in said board shall be supplied by election as aforesaid to fill the unexpired term. 22. The judges of all the courts of the State, and also the mem- bers of the board of county police, shall in virtue of their offices be conservators of the peace, and shall be by law vested with ample powers in this 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 offices for the term of two years. The jurisdiction of justices of the peace shall be limited to causes in which the principal of the amount in controversy shall not exceed fifty dollars. 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 by law. * 24. The Legislature may from time to time establish such other inferior courts as may be deemed necessary, and abolish the same whenever they shall deem it expedient. 25. There shall be an Attorney-Greneral elected by the qualified electors of the State ; and a competent number of district attorneys shall be elected by the qualified voters of their respective districts, whose compensation and term of service shall be prescribed by law. 26. The Legislature shall provide by law for determining contested elections of judges of the High Court of Errors and Appeals of the circuit and probate courts, and other officers. 27. The judges of the several courts of this State, for wilful ne- glect of duty or other reasonable cause, shall be removed by the Grovernor on the address of two-thirds of both houses of the Legis- lature ; the address to be by joint vote of both houses. The cause MISSISSIPPI. 335 or causes for which such removal shall be required, shall be stated at length in such address, and on the journals of each house. The judge so intended to be removed, shall be notified and admitted to a hearing in his own defense before any vote for such address shall pass ; the vote on such address shall be taken by yeas and nays, and entered on the journals of each house. 28. Judges of probate, clerks, sheriffs, and other county ofl&cers, for wilful neglect of duty, or misdemeanor in office, shall be liable to presentment or indictment by a grand jury, and trial by a petit jury, and upon conviction shall be removed from office. AETICLE V. — Executive Defartment. Sec. 1. The chief executive power of this State shall be vested in a Governor ; who shall hold his office for two years from the time of his installation. 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 Sec- retary of State, who shall deliver them to the Speaker of the House of Representatives, at the nest ensuing session of the Legislature, during the first week of which session the Speaker shall open and publish them in the 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 deter- mined by both houses of the Legislature, 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 for twenty years, shall have resi- ded in this State at least five years next preceding the day of his election, and shall not be capable of holding the office more than four years in any term of six j^ears. 4. He shall, at stated times, receive for his services a compensa- tion which shall not be increased or diminished during the term for which he shall be elected. 6. He shall be eommander-in-chief of the army and navy in this State, and of the militia, except when they shall be 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. He may, in cases of emergency, convene the Legislature at the seat of government, or at a different place, if that shall have become, since their last adjournment, dangerous from an enemy or from dis- ease ; and in case of disagreement between the two houses with re- spect to the time of adjournment, adjourn them to such time as he 336 CONSTITUTION OF shall think proper, not beyond the day of the next stated meeting of the Legislature. 8. He shall from time to time give to the Legislature information cf the state of the government, and recommend to their considera- tion such measures as he may deem necessary and expedient. 9. He shall take care that the laws be 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 forfeit- ures by and with the advice and consent of the Senate. In cases of treason he shall have power to grant reprieves by and with the ad- vice and consent of the Senate, but may respite the sentence untU the end of the next session of the Legislature. 11. All commissions shall be in the name and by the authority of the State of Mississippi ; be sealed with the great seal, and signed by the Grovernor, and be attested by the Secretary of State. 12. 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 Mississippi. 13. All vacancies not provided for in this Constitution shall be filled in such manner as the Legislature may prescribe. 14. The Secretary of State shall be elected by the qualified elec- tors of the State, and shall continue in office during the term of two years. He shall keep a fair register of all the official acts and proceedings of the Grovernor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the Legislature, and shall perform such other duties as may be required of him by law. 15. Every bill which shall have passed both houses \3f the Legis- lature shall be presented to the Grovernor ; if he approve, he shall sign it, but 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 upon their journals, and proceed to reconsider it. If after such reconsideration two-thirds of the house shall agree to pass the bill, it shall be sent with the objections to the other house, by which it shall likewise be reconsidered : if approved by two-thirds of that house, it shall become a law. But in such case 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 jour- nals of each house respectively. If any bill shall not be returned by the Grovernor within six days (Sundays excepted) after it shall have been presented to him, the same shall become a law in like manner as if he had signed it, unless the Legislature by their ad- journment prevent its return, in which case it shall become a law. 16. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except resolutions for the purpose of obtaining the joint action of both houses, and on questions of ad- MISSISSIPPI. 337 journment, shall be presented to the Grovernor, and before it shall take effect be approved by him, or being disapproved, shall be re- passed by both houses according to the rules and limitations pre- scribed in the case of a bill. 1 7. Whenever the ofi&ce 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, remo- val from office, or other disqualification of the President of the Senate so exercising the office of Governor, the Speaker of the House of Representatives shall exercise the office, until the Presi- dent 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. 18. When either the President or Speaker of the House of Rep- resentatives shall so exercise said office, he shall receive the com- pensation of Governor only, and his duties as President or Speaker shall be suspended, and the Senate or House of Representatives, as the case may be, shall fill the vacancy until his duties as Governor shall cease. 19. A sheriff, and one or more coroners, a Treasurer, Surveyor, and ranger shall be elected in each county by the qualified electors thereof, who shall hold their office, for two years, unless sooner remov- ed ; except that the coroner shall hold his office until his successor be duly qixalified. 20. A State Treasurer and auditor of public accounts shall be elected by the qualified electors of the State, who shall hold their offices for the term of two years, unless sooner removed. Militia. Sec. 1. The Legislature shall provide by law for organizing and disciplining the militia of this State, in such manner as they shall deem expedient, not incompatible with the Constitution and laws of the United States in relation thereto. 2. Commissioned officers of the militia (staff-officers and the offi- cers of volunteer companies excepted) shall be elected by the persons liable to perform military duty, and the qualified electors within their respective commands, and shall be commissioned by the Governor. 3. The Governor shall have power to call forth the militia to execute the laws of the State, to suppress insurrection, and repel invasion. ARTICLE VI. — Impeachments. Sec. 1. The House of Representatives shall have the sole power of impeaching. 2. All impeachments shall be tried by the Senate. When sitting for that purpose, the senators shall be on oath or affirmation. No 338 CONSTITUTION OP person shall be convicted without the concurrence of two-thirds of the members present. 3. The Governor, and all civil ofl&cers, shall be lia'ble to impeach- ment for any misdemeanor in office, but judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under the State ; but the party convicted shall, nevertheless, be liable and subject to indict- ment, trial, and punishment, according to law, as in other cases. AETICLE Yll.— General Provisions. Sec. 1. Members of the Legislature, and all officers, executive and judicial, before they enter upon the duties of their respective offices, shall take the following oath or affirmation, to wit : " I sol- emnly swear (or affirm, as the case may be) that I will support the Constitiition of the United States, and the Constitution of the State of Mississippi, so long as I continue a citizen thereof, and that I will faithfully discharge to the best of my abilities the duties of the office of -, according to law. So help me GoAP 2. The Legislature shall pass such laws to prevent the evil prac- tice of duelling as they may deem necessary, and may require all officers, before they enter on the duties of their respective offices, to take the following oath or affirmation : " I do solemnly swear (or affirm, as the case may be) that I have not been engaged in a duel, by sending or accepting a challenge to fight a duel, or by fighting a duel since the first day of January, in the year of our Lord one thousand eight hundred and thirty-three, nor will I be so engaged during my continuance in office. So help me GodV 3. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and com- fort. No person shall be convicted of treason, unless on the testi- mony of two witnesses to the same overt act, or his own confession in open court. 4. Every person shall be disqualified from holding an office or place of honor or profit under the authority of this State, who shall be convicted of having given or ofi"ered any bribe to procure his elec- tion. Laws shall be made to exclude from office and from suffrage those who shall thereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanors. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, un- der adequate penalties, all undue influence therein from power, bri- bery, tumult, or other improper conduct. 5. No person who denies the being of a Grod, or a future state of rewards and punishments, shall hold any office in the civil depart- ment of this State. 6. No law of a general nature, unless otherwise provided for, shall be enforced until sixty days after the passage thereof. 7. No money shall be drawn from the treasury but in consequence of an appropriation made by law, nor shall any appropriation of money MISSISSIPPI. 339 for the support of an army be made for a longer term than one year. 8. No money from the treasurer shall be appropriated to objects of internal improvement, unless a bill for that purpose be approved by two-thirds of both branches of the Legislature ; and a regular statement and account of the receipts and expenditures of public moneys shall be published annually. 9. No law shall ever be passed to raise a loa,n of money upon the credit of the State, or to pledge the faith of the State for the pay- ment or redemption of any loan or debt, unless such law be propos- ed in the Senate or House of Representatives, and be agreed to by a majority of the members of each house, and entered on their jour- nals with the yeas and nays taken thereon, and be referred to the next succeeding Legislature, and published for three months previous to the next regular election, in three newspapers of the State ; and unless a majority of each branch of the Legislature, so elected, after such publication, shall agree to, and pass such law ; and in such case the yeas and nays shall be taken, and entered on the journals of ^each house : Provided, that nothing in this section shall be so con- strued as to prevent the Legislature from negotiating a further loan of one and a half million of dollars, and vesting the same in stock reserved to the State by the charter of the Planters' Bank of the State of Mississippi. 10. The Legislature shall direct, by law, in what manner and in what courts suits may be brought against the State. 11. Absence on business of this State, or of the United States, or on a visit, or necessary private business, shall not cause a for- feiture of citizenship or residence once obtained. 12. It shall be the duty of the Legislature to regulate, by law, the cases in which deductions shall be made from salaries of public officers for neglect of duty in their official capacity, and the amount of such deduction. 13. No member of Congress nor any person holding any office of profit or trust under the United States, (the office of post-master ex- cepted,) or any other State, of the Union, or under any foreign power, shall hold or exercise any office of trust or profit under this State. 14. Religion, morality, and knowledge, being necessary to good government, the preservation of liberty, and the happiness of man- kind, schools, and the means of education, shall forever be encour- aged in this State. 15. Divorces from the bonds of matrimony shall not be granted, but in cases provided for by law, by suit in chancery. 16. Returns of all elections by the people shall be made to the Secretary of State in such manner as may be prescribed by law. 17. No new county shall be established by the Legislature, which shall reduce the county or counties, or either of them, from which it may be taken, to less contents than five hundred and seventy-six, square miles ; nor shall any new county be laid off' of less contents. 1 8. The Legislature shall have power to admit to all the rights and 340 CONSTITUnON OF MISSISSIPPI. privileges of free white citizens of this State, all such persons of the Choctaw and Chickasaw tribes of Indians, as shall choose to remain in this State, upon such terms as the Legislature may from time to time deem proper. Slaves. Sec. 1. The Legislature shall have no power to pass laws for the emancipation of slaves without the consent of their owners, unless where the slave shall have rendered to the State some distinguished service ; in which case the owner shall he paid a full equivalent for the slave so emancipated. They shall have no power to prevent emigrants to this State from bringing with them such persons as are deemed slaves by the laws of any one 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 ; Provided, that such person or slave be the bona fide property of such emigrants ; and provided also, that laws may be passed to prohibit the introduction into this State of slaves who may have committed high crimes in other States. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have full power 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 the owner or owners. 2. The introduction of slaves into this State as merchandize, or for sale, shall be prohibited from and after the first day of May, eighteen hundred and thirty-three : Provided, that the actual settler or settlers shall not be prohibited from purchasing slaves in any State in this Union, and bringing them into this State for their o^n individual use, until the year eighteen hundred and forty-five. 3. In the prosecution of slaves for crimes of which the punish- ment is not capital, no inquest by a grand jury shall be necessary; but the proceedings in such cases shall be regulated by Jaw. 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 pas- sed by a majority of two-thirds of each house respectively on each day, for three several days. Public notice thereof shall then be given by the Secretary of State, at least six months preceding the next gen- eral election, at which the qualified electors shall vote directly for or against such change, alteration, or amendment ; and if it shall ap- pear 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, LOUISIANA. This State Tras first explored by the French, and named Louisiana in honor of Louis XIV. Li 1699, a French settlement was begun at Iberville, by M. Iber- ville. His efforts were followed up by M. Crozat, a man of wealth, who held the trade of the country for several years. About the year 1717, he transferred aU his interest in the province to a chartered company, at the head of which was the celebrated John Law, whose speculations involved the ruin of one-half the French nobility. In 1731, the company resigned all their rights to the crown, bj' whom the whole of Louisiana was ceded to Spain in 1762. In 1800, Spain re-conveyed it to the French, from whom it was purchased by the United States, in 1803, for $15,000,000. Louisiana became a State in 1812, and adopted a Constitution. The second Constitution was adopted in 1845. The present one in 1852. Area, 45,350 sq. miles. Pop. in 1850, 500,763. Slaves, 230,807. Free colored, 15,685. CONSTITUTION. PKEAMBLE. We, the people of the State of Louisiana do ordain and establish this Constitution : TITLE I.— Distribution of Poivers. Akt. 1. The powers of the government of the State of Louisiana shall he divided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit : those which 842 CONSTITUTION OF are Legislative to one, those which are Executive to another, and those which are Judicial to another. 2. No one of these Departments, nor any person holding office in one of them, shall exercise power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted. TITLE II. — Legislative Department. Art. 3. The Legislative power of the State shall be vested in two distinct branches, the one to be styled the House of Represen- tatives, the other the Senate, and both the General Assembly of the State of Louisiana. 4. The members of the House of Representatives shall continue in service for the term of two years, from the day of the closing of the general elections. 5. Representatives shall be chosen on the first Monday in Novem- ber, every two years ; and the election shall be completed in one day. The General Assembly shall meet annually, on the third Monday in January, unless a different day shall be appointed by law, and their sessions shall be held at the seat of government. 6. Every duly qualified elector, under this Constitution, shall be eligible to a seat in the General Assembly, provided tJiat no person shall be a Representative or Senator, unless he be, at the time of his election, a duly qualified voter of the Representative or Senato- rial district from which he is elected. 7. Elections for members of the General Assembly shall be held at the several election precincts established by law. The Legisla- ture may delegate the power of establishing election precincts to the parochial or municipal authorities. 8. Representation in the House of Representatives shall be equal and uniform, and shall be regulated and ascertained by the total population of each of the several parishes of the State. Each parish shall have at least one Representative. No new parish shall be created with a territory less than six hundred and twenty-five square miles, nor with a population less than the full number entitling it to a Representative, nor when the creation of such new parish would leave any other parish without the said extent of terri- tory and amount of population. The first enumeration by the State authorities under this Consti- tution, shall be made in the year 1853, the second in the year 1858, the third in the year 1865 ; after which time the General Assembly shall direct in what manner the census shall be taken, so that it be made at least once in every period of ten years, for the purpose of ascertaining the total population in each parish and election district. At the first regular session of the Legislature after the making of each enumeration, the Legislature shall apportion the representation among the several parishes and election districts on the basis of the total population as aforesaid. A representative number shall be LOUISIANA. 848 fixed, and each parish and election district shall have as many- Representatives as its aggregate population shall entitle it to, and an additional Representative for any fraction exceeding one-half the Representative number. The number of Representatives shall not be more than one hundred, nor less than seventy. Until an apportionment shall be made, and elections held under the same, in accordance with the first enumeration to be made as directed in this article, the Representation in the Senate and House of Representatives shall be and remain as at present established by law. The limits of the parish of Orleans are hereby extended, so as to embrace the whole of the present city of New Orleans, including that part of the parish of Jefferson, formerly known as the city of Lafayette. All that part of the parish of Orleans which is situated on the left bank of the Mississippi river, shall be divided by the Legisla- ture into not more than ten Representative Districts, and until a new apportionment shall be made according to the first census to be taken under this Constitution, that part of the city of New Orleans which was comprised within the former limits of the city of Lafay- ette, shall vote for Senators from the parish of Orleans, and shall form the tenth Representative District, and shall elect two out of the three Representatives now apportioned by law to the parish of Jefferson ; the other Representative Districts shall remain as they are now established. 9. The House of Representatives shall choose its Speaker and other officers. 10. Every free white male who has attained the age of twenty- one years, and who has been a resident of the State twelve months next preceding the election, and the last six months thereof in the Parish in which he offers to vote, and who shall be a citizen of the United States, shall have the right of voting, but no voter on re- moving from one Parish to another within the State, shall lose the right of voting in the former until he shall have acquired it in the latter. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest, duruig their attendance at, going to, or returning from elections. 11. The Legislature shall provide by law, that the names and residence of all qualified electors of the city of New Orleans, shall be registered, in order to entitle them to vote ; but the registry shall be free of cost to the elector. 12. No soldier, seaman, or marine, in the Army or Navy of the United States, no pauper, no person under interdiction, nor under conviction of any crime punishable with hard labor, shall be entitled to vote at any election in this State. 13. No person shall be entitled to vote at any election held in. this State, except in the Parish of his residence, and in cities and towns divided into election precincts, in the election precinct in which be resides- 344 CONSTITUTION OP 14. The members of the Senate shall be chosen for the term of four years. The Senate, when assembled, shall have the power to choose its officers. 15. The Legislature, in every year in which they shall apportion representation in the House of Eepresentatives, shall divide the State into Senatorial Districts, 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 which most of its territory was taken, or to another contiguous District, at the discretion of the' Legislature, but shall not be attached to more than one District. The number of Senators shall be thirty-two, and they shall be apportioned among the Senatorial Districts according to the total population contained in the several Districts — Provided, that no Parish shall be entitled to more than five Senators. 16. In all apportionments of the Senate, the population of the city of New Orleans shall be deducted from the population of the whole State, and the remainder of the population divided by the number twenty-seven, 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, in the apportionment to be made, a Parish or District fall short of or exceed the ratio one- fifth, then a District may be formed having not more than tv/o Sena- tors, but not otherwise. No new apportionment 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 (eighth) Article, the Legislature shall not pass any law until an apportionment of Representation in both Houses of the General Assembly be made. 17. At the first session of the General Assembly after this Con- stitution takes effect, the Senators shall be equally divided by lot into two classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year ; of the second class, at the expiration of the fourth year ; so that one-half shall be chosen every two years, and a rotation thereby kept up perpetually. In case any District shall have elected two or more Senators, said Senators shall vacate their seats respectively at the end of two and four years, and lots shall be drawn between them. 18. The first election for Senators shall be general throughout the State, and at the same time that the general election for Representa- tives is held ; and thereafter there shall be biennial elections to fill the place of those whose time of service may have expired. 19. Not less than a majority of the members of each house of the General Assembly, shall form a quorum to do business ; but a smaller number may adjourn from day to day, and shall be authoriz- ed by law, to compel the attendance of absent members. LOUISIANA. 845 20. Each house of the General Assembly shall judge of the qual- ification, election and returns of its members ; but a contested elec- tion shall be determined in such a manner as shall be directed by law. 21. 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 offence. 22. Each house of the General Assembly shall keep and publish weekly a journal of its proceedings ; and the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journal. 23. Each house may punish by imprisonment any person not a member, for disrespectful and disorderly behavior in its presence, or for obstructing any of its proceedings. Such imprisonment shall not exceed ten days for any one offence. 24. 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 may be sitting. 25. The members of the General Assembly shall receive from the public treasury, a compensation for their services, which shall be four dollars a day during their attendance, going to and returning from the session of their respective houses. The 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 Representatives by whom such alteration shall have been made. No session shall extend to a period beyond sixty days, to date from its commencement, and any legislative action had after the expira- tion of the said sixty days, shall be null and void. This provision shall not apply to the first Legislature which is to convene after the adoption i)f this Constitution. 26. The members of the General Assembly shall, in all cases except treason, felony, breach of the peace, be privileged from arrest during their attendance at the sessions of their respective Houses, and going to or returning from the same, and for an}' speech or debate in either House, they shall not be questioned in any other place. 27. No Senator or Representative shall, during the term for which he was elected, nor for one year thereafter, be appointed or elected to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during the time such Senator or Representative was in oflfice, except to such oflSces or appointments as may be filled by the elections of the people. 28. No person, who at any time may have been a collector of taxes, or who may have been otherwise entrusted with public money, whether State, Parish, or Municipal, shall be eligible to the General Assembly, or to any office of profit or trust under the State 346 CONSTITUTION OP Government, until he shall have obtained a discharge for the amount of such collections, and for all public moneys with which he may have been entrusted. 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 case of urgency, four-fifths of the House where the bill shall be pending, may deem it expe- dient to dispense with this rule. 30. All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose amendments as in other bills ; provided they shall not introduce any new matter under color of an amendment, which does not relate to raising revenue. 31. The General Assembly shall regulate by law, by whom, and in what manner writs of election shall be issued to fill the vacancies which may happen in either branch thereof. 32. The Senate shall vote on the confirmation or rejection of offi- cers to be appointed by the Governor, with the advice and consent of the Senate, by yeas and nays, and the names of the Senators voting for and against the appointments respectively, shall be enter- ed on a journal to be kept for that purpose, and made public at the end of each session, or before. 33. Returns of all elections for members of the General Assem- bly shall be made to the Secretary of State. 34. In the year in which a regular election of a Senator of the United States is to take place, the members of the General Assem- bly shall meet in the Hall of the House of Representatives, on the Monday following the meeting of the Legislature, and proceed to the said election. TITLE III. — Executive Department. Art. 35. The Supreme Executive power of this 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 a Governor and Lieutenant-Governor, at the time and place of voting for Representatives ; the returns of every election shall be sealed up and transmitted by the proper returning officer, to the Secretary of State, who shall deliver them to the Speaker of the House of Representatives, on the second day of the session of the General Assembly, then next to be holden. The members of the General Assembly shall meet in the House of Representatives, to examine and count the votes. The person having the greatest number of votes for Governor, shall be declared duly elected, but if two or more persons shall be equal and highest in the number of votes polled for Governor, one of them shall immediate- ly be chosen Governor, by joint vote of the members of the General Assembly. The person having the greatest number of votes for LOUISIANA. 347 Lieutenant-Governor shall be Lieutenant- Gover;jor ; but if two or more persons shall be equal and highest in the number of votes polled for Lieutenant-Governor, one of them shall be im mediately- chosen Lieutenant-Governor, by joint vote of the members of the General Assembly. 36. No person shall be eligible to the office of Governor or Lieu- tenant-Governor, who shall not have attained the age of twenty- eight years, and been a citizen and a resident within the State, for the space of four years next preceding his election. 37. The Governor shall enter on the discharge of his duties on the fourth Monday of January next ensuing his election, and shall continue in office until the Monday next succeeding the day that his successor shall have taken the oath or affirmation prescribed by thif Constitution. 38. The Governor shall be ineligible for the succeeding four years after the expiration of the time for which he shall have been elected. 39. No member of Congress, or person holding any office under the United States, shall be eligible to the office of Governor and Lieutenant-Governor. 40. In case of the impeachment of the Governor, his removal from office, death, refusal, or inability to qualify, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor, for the residue of the term, or until the Governor, absent or impeached, shall return or be acquitted. The Legislature may provide by law for the case of removal, impeachment, death, resignation, disability, or refusal to qualify, of both the Governor and Lieutenant-Governor, declaring what officer shall act as Governor ; and such officer shall act accord- ingly, until the disability be removed, or for the residue of the term. 4L The Lieutenant-Governor, or other officer discharging the duties of Governor, shall, during his administration, receive the same compensation to which the Governor would have been entitled, had he continued in office. 42. The Lieutenant-Governor shall, by virtue of his office, be President of the Senate, but shall have only a casting vote therein. 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. 43. While he acts as President of the Senate, the Lieutenant- Governor shall receive for his services the same compensation which shall, for the same period, be allowed to the Speaker of the House of Representatives and no more. 44. The Governor shall have power to grant reprieves for all offences 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. S48 CONSTITITTION OF 45. The Governor shall, at stated times, receive for his services a compensation, which shall be neither increased nor diminished during the term for which he shall have been elected. 4G. He shall be Commander-in-Chief of the Army and Navy of this State, and of the Militia thereof, except when they shall be called into the service of the United States. 47. He shall nominate, and by and with the advice and consent of the Senate, appoint all officers whose offices are established by this Constitution, and whose appointment is not therein otherwise provided for : Provided, however, that the Legislature shall have a ^ right to prescribe the mode of appointment to all other offices estab- lished by law. 48. The Governor shall have power to fill vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of the next session, unless otherwise provided for in this Constitution, but no person who has been nomi- nated for office, and rejected by the Senate, shall be appointed to the same office during the recess of the Senate. 49. He may require infortnation in writing from the officers in the Executive Department, upon any subject relating to the duties of their respective offices. 50. He shall, from time to time, give to the General Assembly information respecting the situation of the State, and recommend to their consideration such measures as he may deem expedient. 51. He may, on extraordinary occasions, convene the General Assembly at the seat of Government, or at a different place, if that should have become dangerous from an enemy or from epidemic; and in case of disagreement between the two Houses as to the time of adjournment, he may adjourn them to such time as he may think proper, not exceeding four months. 52. He shall take care that the laws be faithfully executed. 53. Every bill which shall have passed both Houses, shall be pre- sented to the Governor ; if he approve he shall sign it, if not, he shall return it with his objections to the House in which it originated, which shall enter the objections at large upon its journal, and proceed to re-consider it; if, after such reconsideration, two-thirds 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 re-considered, and if approved by two-thirds of all the members elected to that House, it shall be a law; but in such cases 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 journal of each House respectively. If any bill shall be returned by the Governor, within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the General Assembly, by adjournment, prevent its return ; in which case it shall be a law, unless sent back within three days after their next meeting. LOtiSIANA. 349 54. Every order, resolution, or vote, to which the concurrence of both Houses may be necessary, except on a question of 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 tvro-thirds of the members elected to each House of the General Assembly. 55. There shall be a Secretary of State, who shall hold his office during the time for which the Governor shall have been elected. The records of the State shall be kept and preserved in the office of the Secretary ; he shall keep a fair register of the official acts and proceedings of the Governor, and when necessary shall attest them. He shall, when required, lay the said register, and all papers, min- utes, and vouchers relative to his office, before either House of the General Assembly, and shall perform such other duties as may.be enjoined on him by law. 56. There shall be a Treasurer of the State, who shall hold his office during the term of two years. 57. The Secretary of State, and Treasurer of State, shall be elected by the qualified electors of the State. And in case of any vacancies caused by the death, resignation, or absence of the Trea- surer, or Secretary of State, the Governor shall order an election to fill said vacancy. 58. All commissions shall be in the name and by the authority of the State of Louisiana, and shall be sealed with the State seal, and signed by the Governor. 59. The free white men of the State shall be armed and disci- plined for its defence ; but those who belong to religious societies whose tenets forbid them to carry arms, shall not be compelled so to do, but shall pay an equivalent for personal services. 60. The Militia of the State shall be organized in such manner as may be hereafter deemed most expedient by the Legislature. TITLE IV. — Jtidicial Department. Art. 61. The Judicial power shall be vested in a Supreme Court, in such Inferior Courts as the Legislature may, from time to time, order and establish, and in Justices of the Peace. 62. The Supreme Court, except in cases hereinafter provided, shall have appellate jurisdiction only ; which jurisdiction shall ex- tend to all cases when the matter in dispute shall exceed three hun- dred dollars ; to all cases in which the constitutionality or legality of any tax, toll, or impost whatsoever, or of any fine, forfeiture or penalty imposed by a municipal corporation, shall be in contesta- tion ; and to all crimmal cases on questions of law alone, whenever the offence charged is punishable with death, or imprisonment at hard labor, or when a fine exceeding three hundred dollars is actu- ally imposed. The Legislature shall have power to restrict the ju- risdiction of the Supreme Court in civil cases to questions of law only. 350 CONSTITUTION OF 63. The Supreme Court shall be composed of one Chief Justice and four Associate Justices, a majority of whom shall constitute a quorum. The Chief Justice shall receive a salary of six thousand dollars, and each of the Associate Judges a salary of five thousand five hundred dollars, annually, until otherwise provided by law. The Court shall appoint its own clerks ; the Judges shall be elected for the term of ten years. 64. The Chief Justice shall be elected by the qualified Electors of the State. The Legislature shall divide the State into four districts, and the qualified Electors of each district shall elect one of the As- sociate Justices. The State shall be divided into the following dis- tricts, until the Legislature shall otherwise direct : , First District. — The Parishes of Plaquemines, St. Bernard, that portion of the Parish of Orleans, on the right bank of the Missis- sippi river, and that portion of the City of New Orleans, which lies below the line extending from the River Mississippi, along the mid- dle of Julia street, until it strikes the New Orleans Canal, and thence down said Canal to the Lake. Second District. — That portion of the City of New Orleans w'hich is situated above the line, extending along the middle of Julia street, until it strikes the New Orleans Canal, and thence down said Canal to the Lake, and the Parishes of Jefferson, St. John the Baptist, St. Charles, St. James, Ascension, Assumption, Lafourche Interior, Ter- rebonne, West Baton Rouge, and Iberville. Third District. — The Parishes of St. Tammany, Washington, Liv- ingston, St. Helena, East Baton Rouge, East Eeliciana, West Feli- ciana, Point Coupe, Avoyelles, Tensas, Concordia, Lafayette, Ver- million, St. Mary, St. Martin, and St. Landry. Fourth District. — The Parishes of Calcasieu, Rapides, Sabine, Natchitoches, De Sato, Caddo, Bossier, Claiborne, Bienville, Cald- well, Union, Ouachita, Morehouse, Jackson, Franklin, Catahoula, Madison, Carroll, and Winn. 65. The office of one of the Associate Justices shall be vacated at the expiration of the second year, of another at the expiration of the fourth year, of a third at the expiration of the sixth year, and of the fourth at the expiration of the eighth year — so that one of the Judges of the Supreme Court shall be elected every second year. 66. The Secretary of State, on receiving the official returns of the first election shall proceed immediately, in the presence and with the assistance of Two Justices of the Peace, to determine by lot among the four candidates having the highest number of votes, in the respective districts, which of the Associate Justices elect shall serve for the term of two years, which shall serve for the term of four years, which for the term of six years, and which for the term of eight years ; and the Governor shall issue commissions accord- ingly. 67. Any vacancy that may occur in the Supreme Court, from re- signation or otherwise, shall be filled by election for the remainder LOUISIANA. 351 of the unexpired term, but if such remainder do not exceed one year the vacancy shall be filled by Executive appointment. 68. The Supreme Court shall hold its Sessions in New Orleans, from the first Monday of the month of November to the end of the month of June, inclusive. The Legislature shall have power to fix the Sessions elsewhere during the rest of the year : until other- wise provided, the Sessions shall be held as heretofore. 69. The Supreme Court and each of the Judges there'of, shall have power to issue writs of habeas corpus, at the instance of all persons in actual custody under process in all cases in which they may have appellate jurisdiction. 70. No judgment shall be rendered by the Supreme Court, with- out the concurrence of a majority of the Judges comprising the Court. Whenever a majority cannot agree, in consequence of the recusation of any member or members of the Court, the Judges not recused shall have power to call upon any Judge or Judges of the Inferior Coui'ts, whose duty it shall be when so called upon, to sit in the place of the Judges recused, and to aid in determining the case. 71. All Judges, by virtue of their office, shall be conservators of the peace throughout the State. The style of all process shall be " The State of Louisiana." All prosecutions shall be carried on in the name and by the authority of the State of Louisiana, and con- clude against the peace and dignity of the same. 72. The Judges of all Courts within this State shall, as often as it may be possible to do, in every definitive judgment, refer to the par- ticular law in virtue of which such judgment may be rendered, and in all cases adduce the reasons on which their judgment is founded. 73. The Judges of all the Courts shall be liable to impeachment ', but for any reasonable cause, which shall not be sufficient ground for impeachment, the Governor shall remove any of them, on the address of three-fourths of the members present of each House of the Ge- neral Assembly. In every such case, the cause or causes for which such removal may be required, shall be stated at length in the ad- dress, and inserted in the Journal of each House. 74. There shall be an Attorney-General for the State, and as many District Attorneys as may be hereafter found necessar3^ They shall hold their offices for four years ; their duties shall be deter- mined by law. 75. The Judges both of the Supreme and Inferior Courts shall, at stated times, receive a salary, which shall not be diminished dur- ing their continuance in office ; and they are prohibited from receiv- ing any fees of office, or other compensation than their salaries for any civil duties performed by them. 76. The Legislature shall have power to vest in Clerks of Courts authority to grant such orders, and do such acts as may be deemed necessary for the furtherance of the administration of justice, and in all cases the powers thus granted shall be specified and determined. 77. The Judges of the several Inferior Courts shall have power S52 CONSTITUTION OF to remove the Clerks thereof, for breach of good behavior, subject in all cases to an appeal to the Supreme Court. 78. The jurisdiction of Justices of the Peace shall be limited in civil cases to cases when the matter in dispute does not exceed one hundred dollars exclusive of interest, subject to an appeal in such eases as shall be provided for by law. They shall be elected by the qualified Electors of each Parish, District, or Ward, for the term of two years, in such manner, and shall have such criminal jurisdiction as shall be provided by law. 79. The Clerks of the District Courts in this State shall be elect- ed by the qualified electors in each Parish, for the term of four years, and should a vacancy occur subsequent to an election, it shall be filled by the Judge of the Court in which such vacancy exists, and the person so appointed shall hold his office until the next general election. 80. A Sheriff and a Coroner shall be elected in each Parish, by the qualified voters thereof, who shall hold their offices for the term of two years, unless sooner removed. The Legislature shall have the power to increase the number of Sherifl^s in any Parish. Should a vacancy occur in either of these offices subsequent to an election, it shall be filled by the Governor ; and the person so appointed shall continue in office until his successor shall be elected and qualified. 81. The Judges of the several Inferior Courts shall be elected by the duly qualified voters of their respective Districts or Parishes. 82. It shall be the duty of the Legislature to fix the time for hold- ing elections for all Judges at a time which shall be different from that fixed for all other elections. 83. The Attorney-General shall be elected by the qualified voters of the State, and the District Attorneys by the qualified voters of each District, on the day of the election for Governor of the State, 84. The Legislature may determine the mode of filling vacancies in the offices of the Inferior Judges, Attorney-General, District At- torneys, and all other officers not otherwise provided for in this Con- stitution. TITLE V. — Impeachment. Art. 85. The power of impeachment shall be vested in the House of Representatives. 86. Impeachments of the Governor, Lieut. Governor, Attorney- General, Secretary of the State, State Treasurer, and of the Judges of the Inferior Courts, Justices of the Peace excepted, shall be tried by the Senate ; the Chief Justice of the Supreme Court, or the se- nior Judge thereof shall preside during the trial of such impeach- ment. Impeachments of the Judges of the Supreme Court shall be tried by the Senate. When sittting as a Court of Impeachment, the Senators shall be upon oath or affirmation, and no person shall LOUISIANA. 858 be convicted without the concurrence of two-thirds of the Senators present. 87. Judgments in cases of Impeachment shall extend only to re- moval from office and disqualification from holding any office of honor, trust or profit under this State, but the parties convicted shall, nevertheless, be subject to indictment, trial and punishment according to law. 88. All officers against whom articles of impeachment may be preferred shall be suspended from the exercise of their functions dur- ing the pendency of such impeachment. The appointing power may make a provisional appointment to replace any suspended officer until the decision on the impeachment. 89. The Legislature shall provide by law for the trial, punishment and removal from office, of all other officers of the State, by indict- ment or otherwise. TITLE VI. — General Provisions. Art. 90. Members of the General Assembly, and all officers, be- fore they enter upon the duties of their office, shall take the follow- ing oath or affirmation : "I (A. B.,) do solemnly swear (or affirm) that I will support the Constitution of the United States and of this State, and that I will faithfully and impartially discharge and perform all the duties in- cumbent on me as , according to the best of my abilities and understanding, agreeably to the Constitution and laws of the United States, and of this State ; and I do, further, solemnly swear (or af- firm) 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 a second in carrying a challenge, or aided, advised, or assisted any pei'son thus offending, so help me God." 91. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and com- fort. No person shall be convicted of treason, unless on the testi- mony of two witnesses to the same overt act, or his own confession in open court. 92. Eveiy person shall be disqualified from holding any office of trust or profit in this State, who shall have been convicted of having given, or offered, a bribe to procure his election or appointment. 93. Laws shall be made to exclude from office, and from right of suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanors. The privilege 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 practice. 94. No money shall be drawn from the treasury but in pursuance 354 CONSTITUTION OP of specific appiopriations made by law, nor shall any appropriation of money be made for a longer term than two years. A regular statement and accounts of the receipts and expenditures of all pub- lic money shall be published annually, in such manner as shall be prescribed by law. 95. It shall be the duty of the General Assembly to pass such laws as may be necessary and proper to decide difficulties by arbi- tration. 96. All civil officers for the State at large shall reside within the State, and all District or Parish officers within their Districts or Parishes, and shall keep their offices at such places therein as may be required by law. 97. All civil officers, except the Governor and Judges of the Su- preme and Inferior Courts, shall be removable by an address of a majority of the members of both Houses, except those the removal of whom has been otherwise provided for by this Constitution. 98. In all elections by the people the vote shall be by ballot, and in all elections by the Senate and House of Repi-esentatives, jointly or separately, the vote shall be given viva voce. 99. 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, or hold or exercise any office of trust or profit under the State. 100. The laws, public records, and the judicial and legislative written proceedings of the State, shall be promulgated, preserved, and conducted in the language in which the Constitution of the United States is written. 101. The Secretary of the Senate, and Clerk of the House of Representatives, shall be conversant with the French and English language, and members may address either House in the French or English language. 102. No power of suspending the laws of this State shall be ex- ercised, unless by the Legislature or its authority. 103. Prosecutions shall be by indictment, or information. The accused shall have a speedy public trial by an impartial jury of the vicinage ; 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 face, and shall have compulsory process for obtaining witnesses in his favor. 104. All prisoners shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident, or presumption great, or unless after conviction, for any offence or crime punishable with death or imprisonment at hard labor. The privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion, the public safety may require it. 105. No ex post facto law, nor any law impairing the obligation of contracts, shall be passed ; nor vested rights be divested, unless LOUISIANA. 855 for purposes of public utility, and for adequate compensation pre- viously made. 106. The press shall be free. Every citizen may freely speak, write, and publish his sentiments on all subjects ; being responsible for an abuse of this liberty. 107. The Seat of Government shall be and remain at Baton Rouge, and shall not be removed without the consent of three-fourths of both Houses of the General Assembly. 108. The State shall not subscribe for the stock of, nor make a loan to, nor pledge its faith for the benefit of any corporation or joint stock company, created or established for banking purposes, nor for any other purposes than those described in the following article. 109. The Legislature shall have power to grant aid to companies or associations of individuals, formed for the exclusive purpose of making works of internal improvement, wholly or partially within the State, to the extent only of one-fifth of the capital of such com- panies, by subscriptions of stock, a loan of money, or public bonds ; but any aid thus granted shall be paid to the company only in the same proportion as the remainder of the capital shall be actually paid in by the stockholders of the company ; and in case of loan such adequate security shall be required as to the Legislature may seem proper. No corporation nor individual association receiving the aid of the State, as herein provided, shall possess banking or discounting privi- leges. 110. No liability shall be contracted by the State, as above men- tioned, unless the same be authorized by some law for some single object or work to be distinctly specified therein, which shall be pass- ed by a majority of the members elected to both Houses of the General Assembly ; and the aggregate amount of debts and liabili- ties incurred under this and the preceding article, shall never at any one time, exceed the sum of eight millions of dollars. 111. Whenever the Legislature shall contract a debt, exceeding in amount the sum of one hundred thousand dollars, unless in case of war, to repel invasion, or suppress insurrection, they shall in the law creating the debt provide adequate ways and means for the pay- ment of the current interest, and of the principal, when the same shall become due. And the said law shall be irrepealable until principal and interest are fully paid and discharged, or unless the repealing law contain some other adequate provision, for the payment of the principal and interest of the debt. 1 12. The Legislature shall provide, by law, for a change of venue in civil and criminal cases. 113. No lottery shall be authorized by this State, and the buying or selling of lottery tickets within the State, is prohibited. 114. No divorce shall be granted by the Legislature. 856 CONSTITUTION OF 115. Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title. 116. 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. 117. The Legislature shall never adopt any system or code of laws, by general reference to such system or code of laws, but in all cases, shall specify the several provisions of the laws it may enact. 118. Corporations with banking or discounting privileges may be either created by special acts, or formed under general laws ; but the Legislature shall, in both cases, provide for the registry of all bills or notes issued, or put in circulation as money, and shall require ample security for the redemption of the same in specie. ] 19. The Legislature shall have no power to pass any law sanc- tioning in any manner, directly or indirectly, the suspension of specie payments, by any person, association, or corporation, issuing bank notes of any description. 120. In case of 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. 121. The Legislature shall have power to pass such laws as it may deem expedient, for the relief or revival of the Citizens' Bank of Louisiana, and the acts already passed, for the same purpose, are ratified and confirmed. Provided, that the Bank is subject to the restrictions contained in Articles 119 and 120, of this Constitution. 122. No person shall hold or exercise, at the same time, more than one civil office of emolument, except that of Justice of the Peace. 123. Taxation shall be equal and uniform throughout the State. All property on which taxes may be levied, in this State, shall be taxed in proportion to its value, to be ascertained as directed by law. No one species of property shall be taxed higher than another species of property of equal value, on which taxes shall be levied ; the Legislature shall have power to levy an income tax, and to tax all persons pursuing any occupation, trade or profession. 124. The citizens of the city of New Orleans shall have the right of appointing the several public officers, necessary for the adminis- tration of the police of the said city, pursuant to the mode of elec- tions which shall be prescribed by the Legislature ; provided, that the Mayor and Eecorders shall be ineligible to a seat in the General Assembly ; and the Mayor, Eecorders, and Aldermen and Assistant Aldermen, shall be commissioned by the Governor, as Justices of the Peace, and the Legislature may vest in them such criminal juris- diction as may be necessary for the punishment of minor crimes and offences, and as the police and good order of said city may require. 125. The Legislature may provide by law, in what case officers shall continue to perform the duties of their offices, until their suc- cessors shall have been inducted into office. LOUISIANA. 357 126. Any citizen of this State, who shall, after the adoption of this Constitution, fight a duel with deadly weapons with a citizen of this State, or send or accept a challenge to fight a duel with deadly ■weapons, either within the State or out of it, with a citizen of this State, or who shall act as second, or knowingly aid and assist in any manner, those thus offending, shall be deprived of holding any office of trust or profit, and of enjoying the right of suffi-age under this Constitution ; and the office of any State officer, member of the General Assembly, or of any other person holding office of profit or trust under this Constitution' and the laws made in pursuance thereof, shall be ipso facto vacated by the fact of any such person committing the ofl^ence mentioned in this article ; and the Legislature shall pro- vide by law, for the ascertaining and declaration of such forfeiture. 127. The Legislature shall have power to extend this Constitu- tion, and the jurisdiction of this State, over any teri'itory acquired by compact with any State, or with the United States, the same being done by the consent of the United States. 128. None of the lands granted by Congress to the State of Louisiana, for aiding it in constructing the necessary levees and drains, to reclaim the swamps and overflowed lands in this State, shall be diverted from the purposes for which they were granted. 129. The Constitution and Laws of this State, shall be promul- gated in the English and French languages. TITLE VII. — Internal Imijrovements. Art. 130. There shall be a Board of Public Works, to consist of four Commissioners. The State shaW be divided into four Districts, consisting as nearly as may be of an equal number of voters, and one Commissioner shall be elected in each District, for the term of four years ; but, of the first elected, two, to be designated by lot, shall remain in office for two years only. 131. The General Assembly, at its first session after the adoption of this Constitution, shall provide for the election and compensation of the Commissioners, and the organization of the Board. The Commissioners first elected shall assemble on a day, to be appointed by law, and decide by lot the order in which their terms of service shall expire. 132. The Commissioners shall exercise a diligent and faithful supervision of all public works, in which the State may be interest- ed, except those made by joint stock companies. They shall com- municate to the General Assembly, from time to time, their views concerning the same, and recommend such measures as they may deem necessary, in order to employ to the best advantage, and for the purposes for which they were granted, the swamps and over- flowed lands, conveyed by the United States to this State. They shall appoint all officers engaged on the Public Works, and shall perform such other duties as may be prescribed by law. 133. The Commissioners may be removed by the concurrent vote 857 a CONSTITUTION of of a majority of all the members elected to each House of the General Assembly ; but the cause of the removal shall be entered on the journal of each House. 134. The General Assembly shall have power, by a vote of three- fifths of the members elected to each House, to abolisn said Board, whenever, in their opinion, a Board of Public Works shall no longer be necessary. TITLE Ylll— Public Education. Art. 135. There shall be elected a Superintendent of Public Edu- cation, who shall hold his office for the term of two years. His duties shall be prescribed by law, and he shall receive such com- pensation as the Legislature may direct : Provided, that the General Assembly shall have power by a vote of the majority of the mem- bers elected to both Houses, to abolish the said office of Superin- tendent of Public Education, whenever in their opinion said office shall be no longer necessary. 136. The General Assembly shall establish free Public Schools throughout the State, and shall provide for their support by general taxation on property or otherwise ; and all moneys so raised or pro- vided, shall be distributed to each Parish, in proportion to the num- ber of free white children between such ages as shall be fixed by the General Assembly. 137. The proceeds of all lands heretofore granted by the United States to this State, for the use or support of Schools, and of all lands which may hereafter be granted or bequeathed to the State, and not expressly granted or bequeathed for any other purpose, which hereafter may be disposed of by the State, and the proceeds of the estates of deceased persons to which the State may become entitled by law, shall be held by the State as a loan, and shall be and remain a perpetual fund, on which the State shall pay an annual interest of six per cent. ; which interest, together with the interest on the trust funds deposited with this State by the United States, under the act of Congress approved June 23, 1836, and all the rents of the unsold lands shall be appropriated to the support of such Schools, and this appropriation shall remain inviolable. 138. All moneys arising from the sales which have been, or may hereafter be made, of any lands heretofore granted by the United States to this State, for the use of a Seminary of Learning, and from any kind of donation that may hereafter be made for that pur- pose, shall be and remain a perpetual fund, the interest of which, at six per cent, per annum, shall be appropriated to the support of a Seminary of Learning for the promotion of Literature and the Arts and Sciences, and no law shall ever be made diverting said fund to any other use than to the establishment and improvement of said Seminary of Learning. 139. 'The University of Louisiana, in New Orleans', as now estab lished, shall be maintained. LOUISIANA. b 357 140. The Legislature shall have power to pass such laws as may be necessary for the further regulation of the University, and for the promotion of Literature and Science, but shall be under no obliga- tion to contribute to the support of said University by appropria tions. TITLE IX. — Mode of Revising ike Constitution. Art. 141. Any amendment or amendments to this Constitution, may be proposed in the Senate or House of Representatives, and if the same shall be agreed to by two-thii'ds of the members elected to each House, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and the Secretary of State shall cause the same to be published three months before the next general election for Representatives to the State Legislature, in at least, one newspaper, in French and English, in every parish in the State in which a newspaper shall be published ; and such proposed amendment or amendments shall be submitted to the people at said election ; and if a majority of the voters at said election shall approve and ratify such amendment or amendments, the same shall become a part of the Constitution. If more than one amendment be submitted at a time, they shall be in such man- ner and form that the people may vote for or against each amend- ment separately. TITLE X.— Schedule. Art. 142. The Constitution adopted in Eighteen Hundred and Forty-five, is declared to be superseded by this Constitution ; and in order to carry the same into effect, it is hereby declared and ordained as follows : 143. All rights, actions, prosecutions, claims and contracts, as well of individuals as of bodies corporate, and all laws in force at the time of the adoption of this Constitution, and not inconsistent therewith, shall continue as if the same had not been adopted. 144. In order that no inconvenience may result to the public ser- vice from the taking effect of this Constitution, no office shall be superseded thereby, but the laws of the State relative to the duties of the several officers, Executive, Judicial, and Military, shall remain in full force, though the same be contrary to this Constitu- tion, and the several duties shall be performed by the respective officers of the State, according to the existing laws, until the organi- zation of the Goveiniment under this Constitution, and the entering into office of the new officers, to be appointed under said Govern- ment, and no longer, 145. Appointments to offices by the Executive under this Con- stitution, shall be made by the Governor to be elected under its authority. 146. The Legislature shall provide for the removal of all causes now pending in the Sunrerae or other Courts of the State, under the 26 357 c CONSTITUTION OF Constitution of 1845, to Courts created by or under this Constitu- tion. 147. The time of service of all officers chosen by the people at the first election under this Constitution, shall terminate as though the election had been holden on the first Monday of November, 1851, and they had entered on the discharge of their duties at the time designated therein. The first class of Senators designated in Article 17, shall hold their seats until the day of the closing of the general elections in November, 1853, and the second class, until the day of the closing of the general elections in November,^ 1855. 148. The first election for Judges of the Supreme Court, shall be held on the first Monday of April next, (1853,) and they shall enter into office on the first Monday of May, 1853. 149. The first term of the service of the District Attorneys and the Clerks of the Inferior Courts to be ordered and established under this Constitution, shall be regulated by the term of service of the Governor ; so that a new election for these officers shall be held on ^the first Monday of November, 1855. TITLE XL— Ordinance. Art. 150. Immediately after the adjournment of the Convention, the Governor shall issue his proclamation, directing the officers of this State authorized by law to hold elections for members of the General Assembly, to open and hold a poll in every parish of the State, at the places designated by law, upon the first Tuesday of November next, for the purpose of taking the sense of the good people of this State, in regard to the adoption or rejection of this Constitution ; and it shall be the duty of the said officers to receive the votes of all persons entitled to vote, under the old Constitution and under this Constitution. Each voter shall express his opinion by depositing in a separate box to be kept for that purpose, a ticket, whereon shall be written, " The Constitution accepted," or " The Constitution rejected," or some such words as will distinctly convey the intention of the voter. At the conclusion of the said election, which shall be conducted in every respect as the general State elec- tion is now conducted, the Commissioners designated to preside over the same shall carefully examine and count each ballot so deposited, and forthwith make due returns thereof to the Secretary of State, in conformity to the provisions of the existing law upon the subject of elections. 151. Upon the receipt of the said returns, or on the fifth Monday of November, if the returns be not sooner received, it shall be the duty of the Governor, the Secretary of State, the Attorney-General, and the State Treasurer, in the presence of all such persons as may choose to attend, to compare the votes given at the said poll, for the ratification and rejection of this Constitution, and if it shall appear from said returns that a majority of all the votes given is for ratify- ing this Constitution, then it shall be the duty of the Governor to LOUISIANA. dB67 make proclamation of that fact, and thenceforth this Constitution shall be ordained and established as the Constitution of the State of Louisiana. But whether this Constitution be accepted or rejected, it shall be the duty of the Governor to cause to be published in the official paper of the Convention the result of the polls, showing the number of votes cast in each Parish, for and against the said Con- stitution. 152. Should this Constitution be accepted by the people, it shall also be the duty of the Governor forthwith to issue his proclama- tion, declaring the present Legislature, elected under the old Consti- tution, to be dissolved, and directing the several officers of the State, authorized by law, to hold elections for members of the General Assembly, to hold an election at the places designated by law, upon the fourth Monday of December next, for Governor, Lieutenant- Governor, members of the General Assembly, Secretary of State, Attorney-General, Treasurer, and Superintendent of Public Educa- tion. And the said election shall be conducted, and the returns thereof made in conformity with existing laws upon the subject of State elections. 153. The General Assembly elected under this Constitution, shall convene at the State House, in Baton Rouge, upon the third Monday of January next, (1853,) after the elections; and the Governor and Lieutenant-Governor, elected at the same time, shall be duly installed in office during the first week of their session, and before it shall be competent for the said General Assembly to proceed with the trans- action of business. 154. All the publications herein ordered shall be made in the official journal of the Convention. 155. This Constitution shall be published in French and English in the official journal of the Convention, from the period of its adjournment until the first Tuesday of November, 1852. TENNESSEE. This State was originally included in the charter of North Carolina. I'tve Territory was ceded to the United States in 1790, and a territorial govern- ment was formed, called the Territory south-west of the Ohio river. In 1796, it was admitted into the union as a State. Its Constitution, which was then adopted, Avas revised and amended in 1835. Area, 45,600 sq. m. Pop. in 18-50, 1,002,625 of whom 2.39,461 were slaves, and 6,271 free blacks. CONSTITUTION. ARTICLE I. — Declaration of Rights. Sec. 1. That all power is inherent in the people, and all free gov- ernments are founded on their authority, and instituted for their peace, safety, and happiness ; for the advancement of those ends, they have, at all times, an inalienable and indefeasible right to al- ter, reform or abolish the government in such manner as they may think proper. 2. That government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppres- sion, is absurd, slavish, and destructive to the good and happiness of mankind. 3. That all men have a natural and indefeasible right to worship Almighty Grod according to the dictates of their own conscience ; * TENNESSEE. 359 that no man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any minister against his con- sent ; that no human authority can, in any case whatever, control or interfere with the rights of conscience ; and that no preference shall ever be given, by law, to any religious establishment or mode of worship. 4. That no religious test shall ever be required as a qualification to any office or public trust under this State. 5. That elections shall be free and equal. 6. That the right of trial by jury shall remain inviolate. 7. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures ; and that general warrants, whereby an officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particular- ly described and supported by evidence, are dangerous to liberty, and ought not to be granted. 8. That no free man shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or esiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land. 9. That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel ; to demand the nature and cause of the accusation against him, and to have a copy thereof ; to meet the witnesses face to face ; to have compulsory process for ob- taining witnesses in his favor ; and in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the county or district in which the crime shall have been committed ; and shall not be compelled to give evidence against himself 10. That no person shall, for the same offisnce, be twice put in jeopardy of life or limb. 11. That laws made for the punishment of facts committed pre- vious to the esistence of such laws, and by them only declared crim- inal, are contrary to the principles of a free government ; wherefore no ex post facto law shall be made. 12. That no conviction shall work corruption of blood or forfeit- ure of estaie. The estate of such persons as shall destroy their own lives shall descend or vest as in case of natural death. If any per- son be killed by casualty, there shall be no forfeiture in consequence thereof 13. That no person arrested or confined in jail, shall be treated with unnecessary rigor. 1 4. That no freeman shall be put to answer any criminal charge but by presentment, indictment, or impeachment. 15. That all prisoners shall be bailable by sufficient sureties, un- less for capital offences, when the proof is evident or the presumption great. And the privilege of the writ of habeas corpus shall not be 360 CONSTITUTION OP suspended, unless vrlien in case of rebellion or invasion the public safety may require it. 16. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 17. That all courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have rem- edy by due course of law, and right and justice administered without sale, denial, or delay. Suits may be brought against the State in such manner, and in such courts, as the Legislature may, by law, direct. 18. That the person of a debtor, where there is not strong pro sumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such man- ner as shall be prescribed by law. 19. That the printing presses shall be free to every person who undertakes to examine the proceedings of the Legislature, or of any branch or officer 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. But in prosecutions for the publica- tion of papers investigating the official conduct of officers or men in public capacity, the truth thereof may be given in evidence ; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other criminal cases. 20. That no retrospective law, or law impairing the obligation of contracts, shall be made. 21. That no man's particular services shall be demanded, or prop- erty taken, or applied to public use, without the consent of his rep- resentatives, or without just compensation being made therefor. 22. That perpetuities and monopolies are contrary to the genius of a free State, and shall not be allowed. 23. That the citizens have a right, in a peaceable manner, to as- semble together, for their common good, to instruct their represent- atives, and to apply to those invested with the powers of government for redress of grievances or other proper purposes, by address or remonstrance. 24. That the sure and certain defense of a free people is a well regulated militia : and, as standing armies in time of peace are danger- ous to freedom, they ought to be avoided, as far as the circumstances and safety of the community will admit ; and that in all cases the military shall be kept in strict subordination to the civil authority. 25. That no citizen of this State, except such as are employed in the army of the United States, or militia in actual service, shall be subjected to corporeal punishment under the martial law. 26. That the free white men of this State have a right to keep and to bear arms for their common defense. TENNESSEE. 361 27. 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 prescribed by law. 28. That no citizen of this State shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law. 29. That an equal participation of the free navigation of the Mis- sissippi, is one of the inherent rights of the citizens of this State : it cannot, therefore, be conceded to any prince, potentate, power, person or persons whatever. 30. That no hereditary emoluments, privileges, or honors, shall ever be granted or conferred in this State. 31. That the limits and boundaries of this State be ascertained. it is declared they are as hereafter mentioned, that is to say : Be- ginning on the extreme height of the Stone mountain, at the place where the line of Virginia intersects it, in latitude thirty-six degrees and thirty minutes north ; running thence along the extreme height of the said mountain to the place where Watauga river breaks through it ; thence a direct course to the top of the Yellow moun- tain, where Bright's road crosses the same ; thence along the ridge of said mountain between the waters of Doe river and the waters of Bock creek, to the place where the road crosses the Iron mountain ; from thence along the extreme height of said mountain, to the place where Nolichucky river runs through the same : thence to the top of the Bald mountain ; thence along the extreme height of said moun- tain, to the Painted Bock, on French Broad river ; thence along the highest ridge of said mountain, to the place where it is called the Grreat Iron or Smoky mountain ; thence along the extreme height of said mountain, to the place where it is called Unicoi or Unaka mountain, between the Indian towns of Cowee and Old Chota ; thence along the main ridge of the said mountain, to the southern boundary of this State, as described in the act of cession of North Carolina to the United States of America : and that all the territory, lands, and waters lying west of the said line, as before mentioned, and contained within the chartered limits of the State of North Carolina, are within the boundaries and limits of this State, over which the people have the right of exercising sovereignty and the right of soil, so far as is consistent with the Constitution of the United States, recognizing the articles of confederation, the bill of rights, and Constitution of North Carolina, the cession act of the said State, and the ordinance of Congress for the government of the territory north-west of the Ohio : provided, nothing herein contained shall extend to affect the claim or claims of individuals, to any part of the soil which is recog- nized to them by the aforesaid cession act : and provided also, that the limits and jurisdiction of this State shall extend to any other land and territory now acquired, or that may hereafter be acquired by compact or agreement with other States or otherwise, although such land and territory are not included within the boundaries here- inbefore mentioned. 362 CONSTITUTION OF 32. The people residing south of French Broad and Holston, be- tween the rivers Tennessee and Big Pigeon, are entitled to the right of preemption and occupancy in that tract. ARTICLE II. Sec. 1. The powers of the government shall be divided into three distinct departments ; the legislative, executive and judicial. 2. 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 directed or permitted. 3. The legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives, both dependent on the people. 4. An enumeration of the qualified voters and an apportionment of the representatives in the Greneral Assembly, shall be made in the year one thousand eight hundred and forty-one, and within every subsequent term of ten years. 5. The number of representatives shall, at the several periods of making the enumeration, be apportioned among the several counties or districts according to the number of qualified voters in each ; and shall not exceed seventy-five, until the population of the State shall be one million and a-half ; and shall never thereafter exceed ninety- nine ; provided^ that any county having two-thirds of the ratio, shall be entitled to one member. 6. The number of senators shall, at the several periods of making the enumeration, be apportioned among the several counties or dis- tricts, according to the number of qualified electors in each, and shall not exceed one-third the number of representatives. In appor- tioning the senators among the different counties, the fraction that may be lost by any county or counties, in the apportionment of members to the House of Representatives, shall be made up to such county or counties in the Senate as near as may be practicable. When a district is composed of two or more coixnties. they shall be adjoining ; and no county shall be divided in forming a district. 7. The first election for senators and representatives shall be held on the first Thursday in August, one thousand eight hundred and thirty-five ; and forever thereafter, elections for members of the Greneral Assembly shall be held once in two years, on the first Thursday in August ; said elections shall terminate the same day. 8. The first session of the General Assembly shall commence on the first Monday in October, one thousand eight hundred and thirty- five ; and forever thereafter, the General Assembly shall meet on the first Monday in October next ensuing the election. 9. No person shall be a representative, unless he shall be a citizen of the United States of the age of twenty-one years, and shall have been a citizen of this State for three years, and a resident in the county he represents one year immediately preceding the election. TENNESSEE 363 10. No person shall be a senator unless he shall be a citizen of the United States, of the age of thirty years, and shall have resided three years in this State, and one year in the county or district, immediately preceding the election. No senator or representative shall, daring the time for which he was elected, be eligible to any office or place of trust, the appointment to which is vested in the executive or the General Assembly, except to the office of trustee of a literary institution. 11. The Senate and House of Representatives, when assembled, shall each choose a speaker and its other officers, be judges of the qualifications and election of its members, and sit upon its own adjournments from day to day. Two-thirds of each house shall con- stitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorized by law to compel the at- tendance of absent members. 12. Each house may determine the rules of its proceedings, pun- ish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same offence : and shall have all other powers necessary for a branch of the Legislature of a free State. 13. Senators and representatives shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same ; and, for any speech or debate in either hovise. they shall not be questioned in any other place. 14. Each house may punish by imprisonment, during its session, any person not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in its presence. 15. When vacancies happen in either house, the Governor for the time being shall issue writs of election to fill such vacancies. 16. Neither house shall, during its session, adjourn without con- sent of the other for more than three days, nor to any other place than that in which the two houses shall be sitting. 17. Bills may originate in either house, but may be amended, altered, or rejected by the other. 18. Every bill shall be read once on three different days, and be passed each time in the house where it originated, before transmis- sion to the other. No bill shall become a law, until it shall bo read and passed on three different days in each house, and be signed by the respective speakers. 19. After a bill has been rejected, no bill containing the same substance shall be passed into a law during the same session. 20. The style of the laws of this State shall be, " Be it enacted by the General Assembly of the State of Tennessee}^ 21. Each house shall keep a journal of its proceedings, and pub- lish it, except such parts as the welfare of the State may require to be kept secret : the ayes and noes shall be taken in each house upon the final passage of every bill of a general character, and bills 364 CONSTITUTION OF making appropriations of public moneys : and the ayes and noes of the members on any question shall, at the request of any two of them, be entered on the journal. 22. The doors of each house and of committees of the whole shall be kept open, unless when the business shall be such as ought to be kept secret. 23. The sum of four dollars per day, and four dollars for every twenty-five miles traveling to and from the seat of government, shall be allowed to the members of the first General Assembly, as a compensation for their services. The compensation of the members of the succeeding legislature shall be ascertained by law ; but no law increasing the compensation of the members shall take effect until the commencement of the next regular session after such law shall have been enacted. 24. No money shall be drawn from the treasury, but in conse- quence of appropriations made by law : and an accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws at the rise of each stated session of the General Assembly. 25. No person, who heretofore hath been, or may hereafter be, a collector or holder of public moneys, shall have, a seat in either house of the General Assembly, until such person shall have accounted for and paid into the treasury, all sums for which he may be accounta- ble or liable. 26. No judge of any court of law or equity, Secretary of State, At- torney-General, register, clevk of any court of record, or person holding any oifice under the authority of the United States, shall have a seat in the General Assembly ; nor shall any person in this State hold more than one lucrative office at the same time: Provided, that no appointment in the militia, or to the office of justice of the peace, shall be considered a lucrative office, or operate as a disqual- ification to a seat in either house of the General Assembly. 27. Any member of either house of the General Assembly shall have liberty to dissent from, and protest against, any act or resolve which he may think injurious to the public or to any individual, and to have the reasons for his dissent entered on the journals. 28. All lands liable to taxation, held by deed, grant, or entry, town lots, bank stock, slaves between the ages of twelve and fifty years, and such other property as the Legislature may from time to time deem expedient, shall be taxable. All property shall be taxed according to its value ; that value to be ascertained in such manner as the Legislature shall direct, so that the same shall be equal and uniform throughout the State. No one species of property from which a tax may be collected shall be taxed higher than any other species of property of equal value. But the Legislature shall have power to tax merchants, pedlars, and privileges, in such manner as they may. from time to time, direct. A tax on white polls shall be TENNESSEE. 365 laid, in such manner and of such an amount, as may be prescribed by law. 29. The General Assembly shall have power to authorize the sev- eral counties and incorporated towns in this State, to impose taxes for county and corporation purposes respectively, in such manner as shall be prescribed by law : and all property shall be taxed accord- ing to its value, upon the principles established in regard to State taxation. 3 J. No article manufactured of the produce of this State shall be taxed otherwise than to pay inspection fees. 31. The Greneral Assembly shall have no power to pass laws for the emancipation of slaves, without the consent of their owner or owners. ARTICLE III. Sec. 1. The supreme executive power of this State shall be vested in a Governor. 2. The G-overnor shall be chosen by the electors of the member^ of the G-eneral Assembly, at the times and places where they shall respectively vote for the members thereof The returns of every election for Governor shall be sealed up, and transmitted to the seat of government, by the returning officers, directed to the Speaker of the Senate, who shall open and publish them in the presence of a majority of the members of each house of the General Assembly. The person having the highest number of votes shall be Governor ; but if two or more shall be equal, and highest in votes, one of them shall be chosen G-overnor by joint vote of both houses of the G-ene- ral Assembly. Contested elections for Governor shall be determin- ed by both houses of the General Assembly, in such manner as shall be prescribed by law. 3. He shall be at least thirty years of age, shall be a citizen of the United States, and shall have been a citizen of this State seven years next before his election. 4. The Governor shall hold his office for two years, and until his successor shall be elected and qualified. He shall not be eligible more than six years in any term of eight. 5 He shall be commander-in-chief of the army and navy of this State, and of the militia, except when they shall be called into the service of the United States. 6. He shall have power to grant reprieves and pardons, after con- viction, except in cases of impeachment. 7. He shall, at stated times, receive a compensation for his servi- ces which shall not be increased or diminished during the period for Avhich he shall have been elected. 8. He may require information in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices. *^ 9. He may, on extraordinary occasions, convene the General As- 366 CONSTITUTION OF sembly by proclamation ; and shall state to them, when assembled, the purposes for which they shall have been convened ; but they shall enter on no legislative business, except that for which they were specially called together. 10. He shall take care that the laws be faithfully executed, 11. He sh;Jl, from time to time, give to the General Assembly information of the State of the government, and recommend to their consideration such measures as he shall judge expedient. 12. In case of the removal of the Governor from office, or of his death, or resignation, the powers and duties of the office shall de- volve on the Speaker of the Senate ; and in case of the death, re- moval from office, or resignation of the Speaker of the Senate, the powers and duties of the office shall devolve on the Speaker of the House of Representatives. 13. No member of Congress, or person holding any office under the United States, or this State, shall execute the office of Governor. 14. When any officer, the right of whose appointment is by this Constitution vested in the General Assembly, shall, during the re- :;ess, die, or the office, by the expiration of the term, or by other means, become vacant, the Governor shall have the power to fill such vacancy, by granting a temporary commission, which shall expire at the end of the next session of the Legislature. 15. 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 Tennessee. 16. All grants and commissions shall be in the name and by the authority of the State of Tennessee, be sealed with the State Seal, and signed by the Governor. 17. A Secretary of State shall be appointed by joint vote of the General Assembly, and commissioned during the term of four years ; he shall keep a fair register of all the official acts and proceedings of the Governor ; and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the General Assembly ; and shall perform such other duties as shall be enjoined by law. AETICLE IV. Sec. 1. Every free white man of the age of twenty-one years, be- ing a citizen of the United States, and a citizen of the county wherein he may offer his vote six months next preceding the day of election, shall be entitled to vote for members of the General Assembly, and other civil officers, for the county or district in which he resides : provided, that no person shall be disqualified from voting in any election on account of color, who is now, by the laws of this State, a competent witness in a court of justice against a white man. All free men (f color shall be exempt from military duty in time of peace, and ivlso from pajdng a free poll tax. TENNESSEE. 367 2. Laws may be passed excluding from the right of suffrage, per- sons who may be convicted of infamous crimes. 3. Electors shall in all cases, except treason, felony or breach of the peace, be privileged from arrest or summons during their at- tendance at elections, and in going to and returning from them. 4. In all elections to be made by the General Assembly, the mem- bers thereof shall vote viva voce ; and their votes shall be entered on the journal. All other elections shall be by ballot. ARTICLE V. Sec. 1. The House of Representatives shall have the sole power of impeachment. 2. 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 senators sworn to try the officer impeached. 3. The House of Representatives shall elect, from their own body, three members, whose duty it shall be to prosecute impeachments. No impeachment shall be tried until the Legislature shall have ad- journed sine die, when the Senate shall proceed to try such im- peachment. 4. The Grovernor, judges of the Supreme Court, judges of inferior courts, chancellors, attorneys for the State, and Secretary of State, shall be liable to impeachment, whenever they may, in the opinion of the House of Representatives, commit any crime in their official capacity, which may require disqualification ; but judgment shall only extend to removal from office, and disqualification to fill any office thereafter. The party shall, nevertheless, be liable to indict- ment, trial, judgment, and punishment, according to law. 5. Justices of the peace, and other civil officers, not hereinbefore mentioned, for crimes or misdemeanors in office, shall be liable to indictment in such courts as the Legislature may direct ; and upon conviction, shall be removed from office, by said court, as if found guilty on impeachment ; and shall be subject to such other punish- ment as may be prescribed by law. ARTICLE VL Sec. 1. The judicial power of this State shall be vested in one Supreme Court, in such inferior courts as the Legislature shall from time to time ordain and establish, and the judges thereof, and in jus- tices of the peace. The Legislature may also vest such jurisdiction as may be deemed necessary in corporation courts. 2. The Supreme Court shall be composed of three judges, one of whom shall reside in each of the grand divisions of the State : the concurrence of two of said judges shall in every case be necessary to a decision. The jurisdiction of this Court shall be appellate only, un- der such restrictions and regulations as may from time to time be prescribed by law ; but it may posse.ss such other jurisdiction as is 368 CONSTITTrTION OF now conferred by law on the present Supreme Court. Said courts shall be held at one place, and at one place only, in each of the three grand divisions in the State, 3. The Greneral Assembly shall, by joint vote of both houses, ap- point judges of the several courts of law and equity : but courts may be established to be holden by justices of the peace. Judges of the Supreme Court shall be thirty -five years of age, and shall be elected for the term of twelve years. 4. The judges of such inferior courts as the Legislature may es- tablish, shall be thirty years of age, and shall be elected for the term of eight years. 5. The Legislature shall elect attorneys for the State, by joint vote of both houses of the G-eneral Assembly, who shall hold their offices for the term of six years. In all cases where an attorney for any district fails or refuses to attend, and prosecute according to law, the court shall have power to appoint an attorney pro tempore. 6. Judges and attorneys for the State, may be removed from office by a concurrent vote of both houses of the G-eneral Assembly, each house voting separately ; but two-thirds of all the members elected to each house must concur in such vote : the vote shall be deter- mined by ayes and noes, and the names of the members voting for or against the judge or attorney for the State, together with the cause or causes of removal, shall be entered on the journals of each house respectively. The judge or attorney for the State, against whom the Legislature may be about to proceed, shall receive notice thereof, accompanied with a copy of the causes alleged for his remo- val, at least ten days before the day on which either house of the G-eneral Assembly shall act thereupon. 7. The judges of the Supreme and inferior courts, shall, at stated times, receive a compensation for their services, to be ascertained by law, which shall not be increased or diminished, during the time for which they are elected. They shall not be allowed any fees or per- quisites of office, nor hold any other office of trust or profit under this State. or the United States. 8. The jurisdiction of such inferior courts, as the Legislature may from time to time establish, shall be regulated by law. 9. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law. 10. The judges or justices of such inferior courts of law as the Legislature may establish, shall have power, in all civil cases, to is- sue writs of certiorari to remove any cause or transcript thereof, from any inferior jurisdiction, into said court, on sufficient cause supported by oath or affirmation. 1 1. No judge of the Supreme or inferior courts, shall preside on the trial of any cause, in the event of which he may be interested, or where either of the parties shall be connected with him by affini- ty or consanguinity, within such degrees as may be prescribed by law, or in which he may have been of counsel, or in which he may TENNESSEE. 369 have presided in any inferior court, except by consent of all the par- ties. In case all or any of the judges of the Supreme Court shall be thus disqualified from presiding on the trial of any cause or causes, the court, or the judges thereof, shall certify the same to the Grov- ernor of the State, and he shall forthwith specially commission the requisite number of men of law-knowledge, for the trial and deter- mination thereof In case of sickness of any of the judges of the Supreme or inferior courts, so that they or any of them are unable to attend, the Legislature shall be authorized to make provision by the general laws, that special judges may be appointed to attend said courts. 12. All writs and other process shall run in the name of the State of Tennessee ; and bear teat, and be signed by the respective clerks. Indictments shall conclude, " a,gainsi the peace and dignity of the State" 13. Judges of the Supreme Court shall appoint their clerks, who shall hold their offices for the period of six years. Chancellors (if courts of chancery shall be established,) shall appoint their clerks and masters, who shall hold their offices for the period of six years. Clerks of such inferior courts as may be hereafter established, which shall be required to be bolden in the respective counties of this State, shall be elected by the qualified voters thereof, for the term of four years ; they shall be removed from office for malfeasance, incompeten- cy or neglect of duty, in suck manner as may be prescribed by law. 14. No fine shall be laid on any citizen of this State, that shall exceed fifty dollars ; unless it shall be assessed by a jury of his peers, who shall assess the fine at the time they find the fact, if they think the fine should be more than fifty dollars. 15. The different counties in this State shall be laid ofi" as the General Assembly may direct, into districts of convenient size, so that the whole number in each county shall not be more than twenty- five, or four for every hundred square miles. There shall be two justices of the peace, and one constable elected in each district, by tbe qualified voters therein, except districts including county towns, which shall elect three justices and two constables. The jurisdiction of said officers shall be co-extensive witb the county. Justices of tbe peace shall be elected for the term of six, and constables for the term of two years. Upon the removal of either of said officers from the district in which he was elected, his office shall become vacant from the time of such removal. Justices of the peace shall be com- missioned by tbe Governor. The Legislature shall have power to provide for the appointment of an additional number of justices of the peace in incorporated towns. ARTICLE VII Sec. 1. There shall be elected in eacb county, by the qualified voters therein, one sheriff, one trustee, and one register ; the sheriff and trustee for two years, and the register for four years : jjrovidcdj 370 CONSTITUTION OF that no person shall be eligible to the office of sheriff more than six years in any term of eight years. There shall be elected for each county, by the justices of the peace, one coroner and one ranger, who shall hold their offices for two years. Said officers shall be re- moved for malfeasance, or neglect of duty, in such manner as may be prescribed by law. 2. Should a vacancy occur subsequent to an election in the office of sheriff, trustee, or register, it shall be filled by the justices ; if in that of the clerks to be elected by the people, it shall be filled by the courts ; and the person so appointed shall continue in office un- til his successor shall be elected and qualified ; and such office shall be filled by the qualified voters at the first election for any of the county officers. 3. There shall be a treasurer or treasurers appointed for the State, by the joint vote of both houses of the General Assembly, who shall hold his or their offices for two years. 4. The election of all officers, and the filling of all vacancies that may happen, by death, resignation, or removal, not otherwise direct- ed or provided for by this Constitution, shall be made in such man- ner as the Legislature shall direct. 5. The Legislature shall provide, that the election of the county and other officers by the people, shall not take place at the same time that the general elections are held for members of Congress, members of the Legislature, and Grovernor. The elections shall commence and terminate on the same day. AETICLE VIII. Sec. 1. All militia officers shall be elected by persons subject to military duty, within the bounds of their several companies, battal- ions, regiments, brigades and divisions, under such rules and regu- lations as the Legislature may, from time to time, direct and es- tablish. 2. The Governor shall appoint the adjutant-general and his other staff-officers ; the majors-general, brigadiers-general and command- ing officers of regiments, shall respectively appoint their staff officers. 3. The Legislature shall pass laws, exempting citizens belonging to any sect or denomination of religion, the tenets of which are known to be opposed to the bearing of arms, from attending private and general musters. ARTICLE IX. Sec. 1. "Whereas, ministers of the gospel are, by their profession, dedicated to God and the care of souls, and ought not to be diverted from the great duties of their functions ; therefore no minister of the gospel or priest of any denomination whatever, shall be eligible to a seat in either house of the Legislature. 2. No p(!rson who denies the being of a G od, or a future state of TENNESSEE. 371 rewards and punishments, shall hold any office in the civil depart- ment of this State. 3. Any person who shall, after the adoption of this Constitution, fight a duel, or knowingly be the bearer of a challenge to fight a duel, or send or accept a challenge for that purpose, or be an aider or abettor in fighting a duel, shall be deprived of the right to hold any office of honor or profit in, this State, and shall be punished otherwise, in such manner as the Legislature may prescribe. ARTICLE X. 8ec. 1. Every person who shall be chosen or appointed to any office of trust or profit, under this Constitution, or any law made in pursuance thereof, shall, before entering on the duties thereof, take an oath to support the Constitution of this State, and of the United States, and an oath of office. 2. Each member of the Senate and House of Representatives shall, before they proceed to business, take an oath or affirmation, to support the Constitution of this State, and of the United States, and also the following oath: '-I, , do solemnly swear, (or affirm,) that, as a member of this G-eneral Assembly, I will, in all appointments, vote without favor, affection, partiality, or prejudice ; and that I will not propose or assent to any bill, vote or resolution, which shall appear to me injurious to the people, or consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared by the Constitution of this State." 3. Any elector who shall receive any gift or reward for his vote, in meat, drink, money, or otherwise, shall suffer such punishment as the laws shall direct. And any person who shall directly or in- directly give, promise, or bestow any such reward to be elected, shall thereby be rendered incapable, for six years, to serve in the office for which he was elected, and be subject to such further punishment as the Legislature shall direct. 4. New counties may be established by the Legislature, to consist of not less than three hundred and fifty square miles, and which shall contain a population of four hundred and fifty qualified voters. No line of such county shall approach the court-house of any old county from which it may be taken, nearer than twelve miles. No part of a county shall be taken to form a new county or a part thereof, without the consent of a majority of the qualified voters in such part taken off. And in all cases where an old county may be reduced for the purpose of forming a new one, the seat of justice in said old county shall not be removed without the concurrence of two-thirds of both branches of the Legislature, nor shall said old county be reduced to less than six hundred and twenty-five square miles : provided, however, that the county of Bedford may be re- duced to four hundred and aeventy-five square miles ; and there 27 372 CONSTITUTION OF shall not be laid oif more than one new county on the west, and one on the east, adjoining the county of the dividing line ; a majority of the qualified voters of said county voting in favor of said division : the counties of Carter, Rhea, and Humphreys shall not be divided into more than two counties each; nor shall more than one new county be taken out of the territory now composing the counties of Tipton and Dyer ; nor shall the seats of justice in the counties of Rhea, Carter, Tipton, aud Dyer be removed, without the concur- rence of two-thirds of both branches of the Legislature. The county of Sullivan may be reduced below the contents of sis hundred and twenty-five square miles, but the line of any new county which may hereafter be laid ofi" shall not approach the county seat of said county nearer than ten miles. The counties of Marion and Bledsoe shall not be reduced below one thousand qualified voters each, in forming a new county or counties. 5. The citizens who may be included in any new county, shall vote with the county or counties from which they may have been strick- en off, for members of Congress, for Grovernor and for meftibers of the General Assembly, until the next apportionment of members to the General Assembly after the establishment of such new county, ARTICLE XL Sec. 1. All laws and ordinances now in force and use in this State, not inconsistent with this Constitution, shall continue in force and use until they shall expire, be altered or repealed by the Legis- lature. 2. Nothing contained in this Constitution shall impair the valid- ity of any debts or contracts, or affect any rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice. 3. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives ; and if the same shall be agreed to by a majority of all the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays thereon, and referred to the General Assembly then next to be chosen : and shall be published for six months previous to the time of making such choice. And if in the General Assembly next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by two- thirds of all the members elected to each house, then it shall be the duty of the General Assembly to submit such proposed amendment or amendments to the people, in such manner, and at such time, as the General Assembly shall prescribe. And if the people shall ap- prove and ratify such amendment or amendments, by a majority of all the citizens of the State voting for representatives, voting in their favor, such amendment or amendments shall become part of this Constitution. When any amendment or amendments to the Tennessee. 373 Constitution shall be proposed in pursuance of the foregoing pro- visions, the same shall at each of the said sessions be read three times on three several days in each house. The Legislature shall not propose amendments to the Constitution oftener than once in six years. 4. The Legislature shall have no power to grant divorces, but may authorize the courts of justice to grant them for such causes as may be specified by law : provided^ that such laws be general and uniform in their operation throughout the State. 5. The Legislature shall have no power to authorize lotteries for any purpose, and shall pass laws to prohibit the sale of lottery tick- ets in this State. 6. The Legislature shall fis the rate of interest ; and the rate so established shall be equal and uniform throughout the State. 7. The Legislature shall have no power to suspend any general law for the benefit of any particular individual, nor to pass any law for the benefit of individuals inconsistent with the general laws of the land ; nor to pass any law granting to any individual or individ- uals, rights, privileges, immunities, or exemptions, other than such as may be, by the same law. extended to any member of the com- munity, who may be able to bring himself within the provisions of such law : provided always, the Legislature shall have power to grant such charters of corporation as they may deem expedient for the public good. 8. The Legislature shall have the right to vest such powers in the courts of justice, with regard to private and local afiairs, as may be deemed expedient. 9. A well regulated system of internal improvement is calculated to develop the resources of the State, and promote the happiness and prosperity of her citizens ; therefore it ought to be encouraged by the General Assembly. 10. Knowledge, learning, and virtue, being essential to the pres- ervation of republican institutions, and the difi"usion of the opportu- nities and advantages of education throughout the different portions of the State, being highly conducive to the promotion of this end ; it shall be the duty of the Greneral Assembly, in all future periods of this government, to cherish literature and science. And the fund called the common school fund, and all the lands and proceeds there- of, dividends, stocks, and other property of every description what- ever, heretofore by law appropriated by the G-eneral Assembly of this State for the use of common schools, and all such as shall here- after be appropriated, shall remain a perpetual fund, the principal of which shall never be diminished by legislative appropriation, and the interest thereof shall be inviolably appropriated to the support and encouragement of common schools throughout the State, and for the equal benefit of all the people thereof ; and no law shall be made authorizing said fund, or any part thereof, to be diverted to any other use than the support and encouragement of common 374 CONSTITUTION OF TENNESSEE. schools : and it shall be the duty of the General Assembly, to ap- point a board of commissioners, for such term of time as they may think proper, who shall have the general superintendence of said fund, and who shall make a report of the condition of the same, from time to time, under such rules, regulations, and restrictions as may be required by law ; provided, that if at any time hereafter a division of the public lands of the United States, or of the money arising from the sales of such lands shall be made among the indi- vidual states, the part of such lands, or money coming to this State, shall be devoted to the purposes of education and internal improve- ment ; and shall never be applied to any other purpose. 11. The above provisions shall not be construed to prevent the Legislature from carrying into effect any laws that have been pass- ed in favor of the colleges, universities, or academies, or from au- thorizing heirs or distributees to receive and enjoy escheated prop- erty, under such rules and regulations as from time to time may be prescribed by law. 12. The declaration of rights hereto prefixed, is declared to be a part of the Constitution of this State, and shall never be violat- ed on any pretence whatever. And to guard against transgression of the high powers we have delegated, we declare that everything in the bill of rights contained, is excepted out of the general powers of governmentj and shall forever remain inviolate. KENTUCKY. This State was first explored in 1770, by Daniel Boon, a celebrated hun- ter. The first settlement was near Lexington, in the year 1775. This State originally belonged to Virginia. In 1782 it became a territory by the name of Kentucky. In 1792 it was admitted into the union. The first Constitution was adopted in 1790 — the present one in 1799. Area, 40,500 sq. m. Pop. 1850, 982,405, of which 221,768 were slaves. Free blacks, 9,667. CONSTITUTION. PREAMBLE. We, the representatives of the people of the State of Kentucky, in Convention assembled, to secure to all the citizens thereof the enjoyment of the rights of life, liberty, and property, and of pur- suing happiness, do ordain and establish this Constitution for its government. ARTICLE I. — Concerning the Distribution of the Powers of Government. Sec. 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 magistracy, to-wit : those which are Legislative to one; those which are Executive to another, and those which are Judiciary to another. 876 CONSTITUTION OP Sec. 2. No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted. ARTICLE II. — Concerning the Legislative Department. Sec. 1. The Legislative power shall be vested in a House of Representatives and Senate, which together shall be styled the General Assembly of the Commonwealth of Kentucky. Sec. 2. The members of the House of Representatives shall con- tinue in service for the term of two years from the day of the general election, and no longer. Sec. 3. Representatives 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. Sec. 4. No person shall be a Representative, 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. Sec. 5. The General Assembly shall divide each county of this Commonwealth into convenient election precincts, or may delegate power to do so to such county authorities as may be designated by law; and elections for Representatives for the several counties shall be held at the places of holding their respective courts, and in the several election precincts into which the counties may be divided: Provided^ that when it shall appear to the General Assembly that any city or town hath a number of qualified voters equal to the ratio then fixed, such city or town shall be invested with the privi- lege 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 when- ever 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 Representative, such city or town shall be divided, by squares which are continguous, so as to make the most compact form, into Representative Districts, as nearly equal as may be, equal to the number of Representatives to which such city or town may be entitled; and one Representative shall be elected from each district. In like manner shall said city or town be divided into Senatorial Districts, when, by the apportionment, 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 KENTUCKY. 877 or municipal division shall be divided by such division of Senatorial or Representative Districts, unless it be necessaiy to equalize the Elective, Senatorial, or Representative Districts. Sec. 6. Representation shall be equal and uniform in this Com- monwealth, 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 uni- formity and equality of representation, the State is hereby laid off into ten districts. The first district shall be composed of the coun- ties of Pulton, Hickman, Ballard, McCracken, Graves, Calloway, Marshall, Livingston, Crittenden, Union, Hopkins, Caldwell, and Trigg. The second district shall be composed of the counties of Christian, Muhlenburg, Henderson, Daviess, Hancock, Ohio, Breck- inridge, Meade, Grayson, Butlee, and Edmonson. The third district shall be composed of the counties of Todd, Logan, Simpson, Warren, Allen, IMonroe, Barren, and Hart. The fourth district shall be com- posed of the counties of Cumberland, Adair, Green, Taylor, Clinton, Russell, Wayne, Pulaski, Casey, Boyle, and Lincoln. The fifth district shall be composed of the counties of Hardin, Larue, Bullitt, Spencer, Nelson, Washington, Marion, Mercer, and Anderson. The sixth district shall be composed of the counties of Garrard, Madison, Estill, Owsley, Rockcastle, 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, Eayette, Scott, Owen, Franklin, Woodford, and Jessamine. Tlie ninth district shall be composed of the counties of Clarke, Bath, Montgomery, Fleming, Lewis, Greenup, Carter, Lawrence, Morgan, and Breathitt. The tenth district shall be composed of the counties of Mason, Bracken, Nicholas, Harrison, Pendleton, Campbell, Grant, Kenton, Boone, and Gallatin. The number of representa- tives shall, at the several sessions of the General Assembly, next after the making of the enumerations, be ajoportioned among the ten several districts, according to the number of qualified voters in each ; and the Representatives shall be apportioned, as near as may me, 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 Repre- sentative ; if double the ratio, two Representatives, and so on. Next, the counties, towns or cities having one or more Representa- tives, and the largest number of qualified voters above the ratio, and counties having the largest number under the ratio shall have a Representative, regard being always had to the greatest number of qualified voters : Provided, that when a county may not have a suffi- cient number of qualified voters to entitle it to one Representative, then such county may be joined to some adjacent county or counties, 378 CONSTITUTION OP 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. Sec. 7. The House of Representatives shall choose its Speaker and other officers. Sec. 8. Every free white male citizen, of the age of twenty-one years, who ha!s resided in the State two years, or in the county, town, or city, in which he offers to vote, one year next preceding the election shall be a voter ; but such voter shall have been, for sixty days next preceding the election, a resident of the precinct in which he offers to vote, and he shall vote in said precinct, and not elsewhere. Sec. 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. Sec. 10. Senators shall be chosen for the term of four years, and tlie Senate shall have power to choose its officers biennially. Sec. 11. Senators and Representatives shall be elected, under the first apportionment after the adoption of this Constitution, in the year 1851. Sec. 12. At the session of the General Assembly next after the first apportionment under this Constitution, the Senators shall be divided by lot, as equally as may be, into two classes ; the seats of the first class shall be vacated at the end of two years from the day of the election, and those of the second class at the end of four years, so that one half shall be chosen every two years. Sec. 13. The number of Representatives shall be one hundred, and the number of Senators thirty eight. Sec. 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 number of quali-, fied voters, and so that no county shall be divided in the formation of a Senatorial District, except such county shall be entitled, under the enumeration, to two or more Senators ; and where two or more counties compose a district they shall be adjoining. Sec. 15. One Senator for each district shall be elected by the qualified voters therein, who shall vote in the precincts where they reside, at the places where elections are by law directed to be held. Sec. 16. No person shall be a Senator 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 for which he may be chosen. Sec. 17. The election for Senators, next after the first apportion- ment under this Constitution, shall be general throughout the State, and at the same time that the election for Representatives is held, KENTUCKY. 379 and thereafter there shall be a biennial election for Senators to fill the places of those whose term of service may have expired. Sec. 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 tliereafter, unless a different day be appointed by law, and their sessions shall be held at the seat of Governmtrit. Sec. 19. Not less than a majority of the membeis (t 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 absv.L members in such manner and under such penalties as may be prescribed thereby. Sec. 20. Each house of the General Assembly shall iiidge of the qualifications, elections, and returns of its members ; bi i, contested election shall be determined in such manner as shall b' directed by law. Sec. 21. Each house of the General Assembly may ceterniine the rules of its proceedings, punish a member for disorde "ly behavior, and with the concurrence of two thirds expel a member ; but not a second time for the same cause. Sec. 22. Each house of the General Assembly shall keep and publish, weekly, a journal of its proceedings, and the; yeas and nays of the members on any question shall, at the desire of any two of them, be entered on their journal. Sec. 23, Neither house, during the session of the General Assem; bly, 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. Sec. 24. The members of the General Assembly shall severally receive from the public treasury a compensation for their services, which shall be three dollars a day during their attendance on, and twelve and a half cents per mile for the necessary travel in going to, and returning from, the sessions of their respective houses: Provided that the same may be increased or diminished by lav\' ; but no alter ation shall take effect during the session at which such alteration shall be made ; nor shall a session of the General Assembly conti- nue 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. Sec. 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 respec- tive 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. Sec. 26. No Senator or Representative shall, during the term for which he was elected, nor for one year thereafter, be appointed or 880 CONSTITUTION OF elected to any civil office of jDi'ofit under this Commonwealth, which shall have been created, or the emoluments of which shall have heen increased, during the said term, except to such offices or appoint- ments as may be filled by the election of the people. Sec. 27. No person, while he continues to exercise the functions of a clergyman, priest, or teacher of any religious persuasion, society, or sect, nor while he holds or exercises any office of profit under this Commonwealth, or under the government of the United States, shall be eligible to the General 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. Sec. 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. Sec. 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. Sec. 30. All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose am.endments, as in other bills : Provided, that they shall not introduce any new mat- ter, under color of amendment, which does not relate to raising revenue. Sec. 31. The General Assembly shall regulate, by law, by whom and in what manner writs of election shall be issued to fill the vacan- cies which may happen in either branch thereof Sec. 32. The General Assembly shall have no power to grant divoi'ces, 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. Sec. 33. The credit of this Commonwealth shall never be given or loaned in aid of any person, association, municipality, or corpora- tion. Sec. 34. The General Assembly shall have no power to pass laws to diminish the i-esources of the Sinking Fund, as now estab- lished 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. Sec. 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 KENTUCKY. 381 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 hostili- ties are threatened, provide for the public defence. Sec. 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- A. 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 effect until it shall have been submitted -. to the people at a general election, and shall have received a /^najority of all the votes cast for and 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. Sec. 37. No law, enacted by the General Assembly, shall relate to more than one subject, and that shall be expressed in the title. Sec. 38. The General Assembly shall not change the venue in any criminal or penal prosecution, but shall provide for the same by general laws. Sec. 39. The General Assembly may pass laws authorizing writs of error in criminal or penal cases, and regulating the right of chal- lenge of jurors therein. Sec. 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 voted for by a majority of all the members then elected to each branch of the General Assembly ; and the yeas and nays thereon entered on the , journal. ARTICLE HI. — Co7icer)iing the JExecutive Department. Sec. 1. The Supreme Executive power of the Commonwealth shall be vested in a Chief Magistrate, who shall be styled the Go- vernor of the Commonwealth of Kentucky. Sec. 2. 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. Sec. 3. The Governor shall be ineligible for the succeeding four years after the expiration of the term for which he shall have been elected. Sec. 4. He shall be at least thirty five years of age, and a citizen 382 CONSTITUTION OF of the United States, and have been an inhabitant of this State at least six years next preceding his election. Sec. 5. He shall commence the execution of the duties of his office on the fifth Tuesday succeeding the day of the general election on which he shall have been chosen, and shall continue in the execu tion thereof until his successor shall have taken the oaths, or affirma- tions, prescribed by this Constitution. Sec. 6. No member of Congress, or person holding any office under the United States, or minister of any religious society, shall be eligible to the office of Governor. Sec. 7. The Governor shall, at stated times, receive for his ser- vices a compensation, which shall neither be increased nor dimin- ished during the term for which he was elected. Sec. 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 command personally in the field, unless advised so to do by a reso- lution of the General Assembly. Sec. 9. He shall have power to fill vacancies that may occur, by granting commissions, which shall expire wdien such vacancies shall have been filled according to the provisions of this Constitution. Sec. 10. He shall have power to remit fines and forfeitures, grant reprieves 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 par- doning 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. Sec. 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. Sec. 12. He shall, from time to time, give to the General As- sembly information of the state of the Commonwealth, and recom- mend to their consideration such measures as he may deem ex- pedient. Sec. 13. He may, on extraordinary occasions, convene the Gene- ral 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 dis- agreehient between the two houses, with respect to the time of ad- journment, he may adjourn them to such time as he shall think proper, not exceeding four months. Sec. 14. He shall take care that the laws be faithfully exe- cuted. Sec. 15. A Lieutenant Governor shall be chosen at every regular election for Governor, in the same manner, to continue in office fot the same time, and possess the same qualifications as the Governor. In voting for Governor and Lieutenant Governor, the electors shall KENTUCKY. 383 state for -whom they vote as Governor, and for whom as Lieutenant Governor. Sec. 16. He shall, by virtue of his office, be Speaker of the Sen ate, 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. Sec. 17. Should the Governor be impeached, removed from office, die, refuse to qualify, resign, or be absent from the State, the Lieut- enant Governor shall exercise all the power and authority apper- taining to the office of Governor, until another be duly elected and qualified, or the Governor absent or impeached, shall return or be acquitted. Sec. 18. Whenever the government shall be administered by the Lieutenant Governor, or he shall fail to attend as Speaker of the Senate, the Senators shall elect one of their own members as Speaker for that occasion. And if, during the vacancy of the office of Governor, the Lieutenant Governor shall be impeached, removed from office, refuse to qualify, I'esign, 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 office 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. Sec 19. The Lieutenant Governor, or Speaker ^?-o temijore of the Senate, while he acts as Speaker of the Senate, shall receive for his services the same compensation which shall, for the same period, be allowed to the Speaker of the House of Repi'csentatives, and no more ; and during the time he administers the government, as Go- vernor, shall receive the same compensation which the Governor would have received, had he been employed in the duties of his office. Sec. 20. If the Lieutenant Governor shall be called upon to ad- minister the government, and shall, while in such administration, resign, die, or be absent from the State during the recess of the General Assembly, it shall be the duty of the Secretary of State, for the time being, to convene the Senate for the purpose of choosing a Speaker. Sec. 21. The Governor shall nominate, and, by and with the ad- vice and consent of the Senate, appoint a Secretary of State, who shall be commissioned 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 As- sembly ; and shall perform such other duties as may be required of him by law. Sec 22. Every bill which shall have passed both houses, shall be presented to the Governor. If he approve, he shall sign it ; but if 884 • CONSTITUTION OF not, he shall return it with his 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 reconsideration, a ma- jority 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 members 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 bill shall not be returned by the Governor, within ten days, (Sundays excepted,) after it shall have been presented to him, it 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 be a law, unless sent back within three days after their next meeting. Sec. 23. Every order, resolution, or vote, in which the concur- rence of both houses may be necessary, except on a question of ad- journment, shall be presented to the Governor, and before it shall take effect, be approved by him ; or being disapproved, shall be re- passed by a majority of all the members elected to both houses, according to the rules and limitations prescribed in case of a bill. Sec. 24. Contested elections for Governor and Lieutenant Gover- nor shall be determined by both houses of the General Assembly, according to such regulations as may be established by law. Sec. 25. A Treasurer shall be elected by the qualified voters of the State, for the term of two years ; and an Auditor of Public Ac- counts, Register of the Land Office, and Attorney General, for the term of four years. The duties and responsibilities of these officers shall be prescribed by law : Provided, that inferior State officers, not specially provided for in this Constitution, may be appointed, or elected, in such manner as shall be prescribed by law, for a term not exceeding four years. Sec. 26. The first election, under this Constitution, for Governor, Lieutenant Governor, Treasurer, Auditor of Public Accounts, Re- gister of the land office, and Attorney General, shall be held on the first Monday in August in the year 185L ARTICLE IV. — Concerning the Judicial Department. Sec. 1. The judicial power of this 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 Constitution, and such Courts, inferior to the Supreme Court, as the General Assembly may, from time to time, erect and establish. CONCERNING THE COURT OF APPEALS. Sec. 2. The Court of Appeals shall have appellate jurisdiction \ only, which shall be co-extensive with the State, under such restric- KENTUCKY. 385 tions and regulations, not repugnant to this Constitution, as may, from time to time, be prescribed by law. Sec. 3. The Judges of the Court of Appeals shall, after their first term, hold their offices for eight years, from and after their election, and until their successors shall be duly qualified, subject to the con- ditions hereinafter prescribed ; but for any reasonable cause, the Go- vernor shall remove any of them on the address of two thirds of each house of the General Assembly : Provided, however, that the cause or causes for which such removal may be required, shall be stated at length in such address, and on the journal of each house. They shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during the time for which they shall have been elected. Sec. 4. The Court of Appeals shall consist of four Judges, any three of whom may constitute a Court for the transaction of busi- ness. The General Assembly, at its first session after the adoption of this Constitution, shall divide the State, by counties, into four dis- tricts, 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 change in the number of the Judges of the Court of Ap- peals be made, the term of office and number of districts shall be so . changed as to preserve the principle of electing one Judge every two years. Sec. 5. The Judges shall, by virtue of their offices, be conserva- tors 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 Common- wealth of Kentucky, and conclude " against the peace and dignity of the same." Sec. 6. The Judges first elected shall serve as follows, to wit : one shall serve until the first Monday in August, 1852 ; one until the first Monday in August, 1854 ; one until the first Monday in August, , 4-- 1856, and one until the first Monday in August, 1858. The Judges, ^1^ 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 dis- trict shall take place to fill the vacancy. The Judge having the shortest time to serve shall be styled the Chief Justice of Kentucky. Sec. 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 un- expired term be less than one year, the Governor shall appoint a Judge to fill such vacancy. Sec. 8. No person shall be eligible to the office of Judge of the 386 CONSTITUTION OP Court of Appeals, who is not a citizen of the United States, a resi- dent of the district for which he may be a candidate two years next precediiig 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. Sec. 9. The Court of Appeals shall hold its sessions at the seat of government, unless otherwise directed by law ; but the General As- sembly may, from time to time, direct that said Court shall hold sessions in any one or more of said districts. Sec 10. The first election of the Judges and Clerk or 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 coir missioned by the Governor. Sec. 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 qualifica- tions, 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 sec- tion, shall be elected by the qualified voters of the other district or districts. The same principle shall be observed whenever the Court shall be directed to hold its sessions in either of the other districts. Should the number of Judges be reduced, the term of the office of Clerk shall be six years. Sec. 12. No person shall be eligible to the office of Clerk of the Court of Aoptals, imless he be a citizen of the United States, a resi- dent 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 the Circuit Court, that he has been ex- amined by the Clerk of his Court, under his supervision, and that he is qualified for the ciffice for which he is a candidate. Sec. 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 qual- ified 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 inkirmation, the Judges of the €ourt of Appeals shall have power to appoint a Clerk pro tern., to perform the duties of KENTUCKY. 387 Clerk until such vacancy shall be filled, or the Clerk acquitted : And^ provided further, that no writ of election shall issue to fill a vacancy unless the unexpired terra exceed one year. Sec. 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 officers. Sec. 15. The General Assembly shall provide for 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 ma- jority of the Judges cannot sit, on account of interest in the event of the cause ; or on account of their relationship to either party ; or when a Judge may have been employed in or decided the cause in the inferior Court. CONCERNING THE CIRCUIT COURTS. Sec. 16. A Circuit Court shall be established in each county now existing, or which may hereafter be erected in this Commonwealth. Sec. 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. Sec. 18. The right to appeal or sue out a writ of error to the Court of Appeals shall remain as it now exists, until altered by law, hereby giving to the General Assembly the power to change, alter, or modify said right. Sec. 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. Sec. 20. 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 elec- tions shall be conducted. The first election of Judges of the Circuit Court shall take place on the second Monday in May, 1851 ; and afterwards on thft first Monday in August, 1856, and on the first Monday in August in every sixth year thereafter. Sec. 21. All persons qualified to vote for members of the Gene- ral Assembly, in each district, shall have the right to vote for Judges. Sec. 22. No 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 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. 28 388 CONSTITUTION OF Sec. 23. The Judges of the Circuit Court shall, after their first term, hold their office for the term of six years from the day of their election. They shall be commissioned by the Governor, and con- tinue in office until their successors be qualified, but shall be re- movable 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. Sec. 24. The General Assembly, if they deem it necessary, may establish one additional district every four years, but the judicial districts shall not exceed sixteen, until the population of this State shall exceed one million five hundred thousand. Sec. 25. 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. Sec. 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 aJudge to fill such vacancy. Sec. 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. Sec. 28. The General Assembly shall provide by law for holding Circuit Courts, when, from any cause, the Judge shall fail to attend, or, if in attendance, cannot properly preside. concerning county courts. Sec. 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 busi- ness : Provided, the General Assembly may at any time abolish the office of the Associate Judges, whenever it shall be deemed expedi- ent ; in which event they may associate with said court any or all of the Justices "of the Peace for the transaction of business. Sec. 30. The Judges of the County Court shall be elected by the qualified voters in each county, for the term of four years, and shall continue in office until their successors be duly qualified, and shall receive such compensation for their services as may be provided by law. Sec. 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, shall hold his office until the first Monday in August, 1854. The Associate Judges shall hold their offices until the first Monday in August, 1852, and until their suc- cessors be qualified ; and afterwards elc^^ ions shall be held on the KENTUCKY. 889 firat Mondays in August, in the years in which vacancies regularly occur. Sec, 32. No person shall be eligible to the office of Presiding or Associate Judge of the County Court, unless he be a citizen of the United States, over twenty one years of age, and shall have been a resident of the county in which he shall be chosen, one year next preceding the election. Sec. 33. The jurisdiction of the County Court shall be regulated by law ; and, until changed, shall be the same now vested in the County Courts of this State. Sec. 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 prescribed 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. Sec. 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 their offices by removal from the district or county in which they shall be ap- pointed. The General Assembly shall provide, by law, the manner of conducting and making due return of all elections of Judges of the County Court and Justices of the Peace, and for determining contested elections, and provide the mode of filling vacancies in these offices. Sec. 36. Judges of the County Court and Justices of the Peace, Sheriffs, Coroners, Surveyors, Jailers, County Assessor, Attorney for the County, and Constables, shall be subject to indictment or pre- sentment for malfeasance or misfeasance in office, or wilful neglect in the discharge of their official duties, in such mode as may be pre- scribed by law, subject to appeal to the Court of Appeals ; and, upon conviction, their offices shall become vacant. Sec. 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 appropria- tions only. Sec. 38. When any city or town shall have a separate representa- tion, 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. Sec. 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 concur in the sentence. 690 CONSTITUTION OF Sec. 40. The Louisville Chancery Court shall exist under this Con- stitution, subject to repeal, and its jurisdiction to enlargement and modification by the General Assembly. The Chancellor, shall have the same qualifications as a Circuit Court Judge, and the Clerk of said Court as a Clerk of a Circuit Court, and the Marshal of said Court as a Sheriflf; and the General Assembly shall provide for the election, by the qualified voters within its jurisdiction, of the Chan- cellor, 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. Sec. 41. The City Court of Louisville, the Lexington City Court, and all other Police Courts established in any city or town, shall re- main until otherwise directed by law, with their present powers and jurisdictions ; and the Judges, Clerks, and Marshals of such Courts shall have the same qualifications, and shall be elected by the quali- fied voters of such cities or towns, at the same time, and in the same maner, 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. — Concerning Impeachments. Sec. \. The House of Eepresentatives shall have the sole power of impeachment. Sec. 2. All impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirma- tion. No person shall be convicted without the concurrence of two-thirds of the members present. Sec. 3. The Governor and all civil officers, shall be liable to im- peachment for any misdemeanor in office ; but judgment in such cases shall not extend further than to removal from office, and disqual- ification to hold any office of honor, trust, or profit, under this Com- monwealth; but the party convicted shall, nevertheless, be subject and liable to indictment, trial, and punishment by law. ARTICLE VI. — Concerning Executive and Ministerial Officers for Counties and Districts. Sec. 1. A Commonwealth's Attorney for each judicial district, and a Circuit Court Clerk for each county, shall be elected, whose term of oflRce 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. Sec. 2. No person shall be eligible to the offices mentioned in this article, who is not at the time twenty four years old, (except Clerks KENTUCKY, a 390 of County and Circuit Courts, Sheriffs, Constables, and County At- torneys, who shall be eligible at the age of twenty-one years,) a citizen of the United States, and who has not resided two years next preceding the election, in the State, and one year in the county or district for which he is a candidate. No person shall be eligible to the office of Commonwealth's or County Attorney, unless he shall have been a licensed practicing attorney for two years. No 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 supervision, and that he is qualified for the office for which he is a candidate. Sec. 3. The Commonwealth's Attorney and Circuit Court Clerk shall be elected at the same time as the Circuit Judge — the Com- monwealth's Attorney by the qualified voters of the district, the Circuit Court Clerk by the qualified voters of the county. The County Attorney, 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. Sec. 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 be qualified ; and he shall be re-eligi ble 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 on the first Monday in August, 1852, and on the first Monday of August in every second year thereafter, elections for Sheriffs shall be held: Provided, that the Sheriffs first elected, shall enter upon the duties of their respective offices on the first Monday in June, 1851, and after the first election on the first Monday in Jan- uary next succeeding their election. Sec. 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 provided by law, whose jurisdiction shall be co-extensive with the county in which he may reside. Sec. 6. Officers for towns and cities shall be elected for such terms, and in such manner, and with such qualifications, as may be prescribed by law. Sec. 7. Vacancies in offices under this article shall be filled, until the next i^egular election, in such manner as the General Assembly may provide. Sec 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 way and at such times as the General Assembly may pre- scribe. Sec. 9. Clerks, Sheriffs, Surveyors, Coroners, Constables, and Jail- 8905 CONSTITUTION OP ers, and such other officers as the General Assembly may, from time to time require, shall, before they enter upon the duties of their respec- tive offices, and as often thereafter as may be deemed proper, give such bond and security as shall be prescribed by law. Sec. 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 offices as shall, from time to time, be necessary and proper. Sec. 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. ARTICLE VII. — Concerning the Militia. Sec. 1. The Militia of this Commonwealth shall 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, exempt- ed by the laws of the United States or of this State ; but those who belong to religious societies, whose tenets forbid them to carry arms, shall not be compelled to do so, but shall pay an equivalent for per- sonal services. Sec. 2. The Governor shall appoint the Adjutant General, and his other staff officers ; the Major Generals, Brigadier Generals, and Commandants of Regiments, shall, respectively, appoint their staff officers ; and Commandants of Companies shall appoint their non- commissioned officers. Sec. 3. All militia officers, whose appointment is not herein other- wise provided for, shall be elected by persons subject to military duty, within their respective companies, battalions, regiments, bri- gades, 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. ARTICLE mil.— General Provisions. Sec. 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 practice of their profession, shall take the following oath or affirmation : I do solemnly swear, (or affirm, as the ease may be,) that I will support the Constitution of the United States, and the Constitution of this State, and be faithful and true to the Commonwealth of Kentucky, so long as I continue a citizen thereof, and that I will faithful ly ex- ecute, to the best of my abilities the office of according to law ; and I do further solemnly swear, (or affirm,) that since the adoption of the present Constitution, I, being a citizen of this State, have not fought a duel, with deadly weapons, within this State nor KENTUCKY. c390 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 held me God. Sec. 2, Treason against the Commonwealth shall consist only in levying 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 over act or his own confession in open court. Sec. 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 procure his election. Sec. 4. Laws shall be made to exclude from office and from suf- frage, those who shall thereafter be convicted of bribery, perjury, forgery, or other crimes or high misdemeanors. The privilege of free suffi-age shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practices. Sec. 5. No money shall be drawn from the Treasury, but in pur- suance 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. Sec. 6. The General Assembly may direct, by law, in what man- ner, and in what Courts, suits may be brought against the Com- monwealth. Sec 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. Sec. 8. All laws which, on the first day of June, one thousand seven hundred and ninety two, were in force in the State of Virginia, and which are of a general nature, and not local to that State, and not repugnant to this Constitution, nor to the laws which have been enacted by the General Assembly of this Commonwealth, shall be in force within this State, until they shall be altered or repealed by the General Assembly. Sec. 9. The compact with the State of Virginia, subject to such alterations as may be made therein agreeably,, to the mode prescribed by the said compact, shall be considered as part of this Constitution. Sec 10. It shall be the duty of the General Assembly to pass such laws as shall be necessary and proper to decide differences by arbitrators, to be appointed by the parties who may choose that summary mode of adjustment. Sec 11. All civil officers for the Commonwealth, at large, shall reside within the State, and all district, county, or town officers, withiu then- respective districts, counties, or towns, (trustees of 390 c^ CONSTITUTION OF towns excepted,) and shall keep their offices at such places therein as may be required by law ; and all militia officers shall reside in the bounds of the division, brigade, regiment, battalion, or company, to which they may severally belong. Sec. 12. Absence on the business of this State, or the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffi-age, or of being elected or appointed to any office under this Commonwealth, under the exceptions contained in this Constitution. Sec. 13. It shall be the duty of the General Assembly to regulate, by law, in what cases, and what deductions from the salaries of public officers shall be made, for neglect of duty in their official capacity. Sec. 14. Returns of all elections by the people, shall be made to the Secretary of State, for the time being, except in those cases otherwise provided for in this Constitution, or which shall be other- wise directed by law. , Sec. 15. In all elections by the people, and also by the Senate and House of Representatives, jointly or separately, the votes shall be personally and publicly given, viva voce : Provided, that dumb per- sons, entitled to suffi*age, may vote by ballot. Sec. 16. All elections by the people shall be held between the hours of six o'clock in the morning and seven o'clock in the evening. Sec. 17. The General Assembly shall, by law, prescribe the time when the several officers authorized or directed by this Constitution to be elected or appointed, shall enter upon the duties of their re- spective offices, except where the time is fixed by this Constitution. Sec. 18. No member of Congress, nor person holding or exercis- ing 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 imder the same. Sec. 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. Sec. 20, Any person who shall, after the adoption of this Consti- tution, either directly or indirectly, give, accept, or knowingly carry a challenge 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. Sec. 21. The Governor shall have power, after five years from the time of the offence, to pardon all persons Avho shall have in anywise participated 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 KENTUCKY, :390 upon the presentation of such pardon, the oath prescribed in the first section of this article shall be varied to suit the case. Sec. 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 prac- tice 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, re- port the result of their labors to the General Assembly, for their adoption or modification. Sec. 23. So long as the Board of Internal Improvement shall be continued, 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 hdd 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 Im- provement, or the office of President thereof Seo. 24. The General Assembly shall provide, by law, for the trial of any contested election of Auditor, Register, Treasurer, At- torney General, Judges of Circuit Courts, and all other officers not otherwise herein specified. Sec. 25. The General Assembly shall provide by law for the making of the returns by the proper officers, of the election of all officers to be elected under this Constitution ; and the Governor shall issue commissions to the Auditor, Register, Treasurer, President of the Board of Internal Improvement, Superintendent of Public In- struction, 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. Sec. 26. When a vacancy shall happen in the office of Attorney General, Auditor of Public Accounts, Treasurer, Register of the Land Office, President of the Board of Internal Improvement, or Superin-. tendent of Public Instruction, the Governor, in the recess of the Senate, 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. ARTICLE IX. — Concerning the seat of Government. 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. 390/ CONSTITUTION OF ARTICLE X. — Concerning Slaves. Sec. 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 emancipa- tion, 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 this 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 prevent them fi'om 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 j)revent slaves being brought into this State, who have been, since the first day of January, one thousand seven hundred and eighty nine, or may hereafter 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 own- ers of slaves to treat them with humanity ; to provide for them ne- cessary clothing and provision ; 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. Sec. 2. The General Assembly shall pass laws providing that any free negro or mulatto hereafter immigrating to, and any slave here- after 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. Sec. 3, In the prosecution of slaves for felony, no inquest by a grand jury shall be necessary ; but the proceedings in such prosecu- tions 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. ARTICLE XL — Concerning Education. Sec. 1. The capital of the fund called and known as the " Common 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 thousand two hundred and twenty three dollars and twenty nine cents, bal- ance of interest on the School Fund for the yeai- 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 invi- olate, for the purpose of sustaining a system of Common Schools. I^ENTUCKY. g 890 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 otlier purpose. The General Assembly shall invest said fifty one thousand two hundred and twenty three dollars and twenty nine cents in some safe and profitable manner ; and any portion of the interest and divi- dends of said School Fund, or other money or property raised for school purposes, which may not be needed in sustaining Common Schools, shall be invested in like manner. The General Assembly shall make provision, by law, for the payment of the interest of said School Fund : Provided^ that each county shall be entitled to its proportion of the income of said fund, and if not called for, for common school purposes, it shall be re-invested from time to time for the benefit of such county. Sec. 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, ARTICLE XII. — Mode of revising the Constitution. Sec. 1. When experience shall point out the necessity of amend- ing this Constitution, and when 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 representatives to the General As- sembly, after the passage of such law, to open a poll for, and make return to the Secretary of State, for the time being, of the names of all those entitled to vote for representatives, who have voted for calling a Convention ; and if, thereupon, it shall appear that a ma- jority of all the citizens of this State entitled to vote for represen- tatives, have voted for calling a Convention, the General Assembly shall, at their next regular session, direct that a similar poll shall be opened, and return made for the next election for representatives ; and if, thereupon, it shall appear that a majority of all the citizens of this State, entitled to vote for representatives, have voted for call- ing 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 Representatives, and no more ; to be chosen on the first Monday in August thereafter, in the same man- ner and proportion, and at the same places, and possessed of the same qualifications of a qualified elector, by citizens entitled to vote for representatives ; and to meet within three months after their election, for the 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 repre- 390A CONSTITUTION OP sentatives did not vote for calling a Convention, a Convention shall not then be called. And for the purpose of ascertaining whether a m'ajority of the citizens, entitled to vote for representatives, did or did not vote for calling a Convention, as above, the General Assem- bly passing the law authorizing such vote shall provide for ascertain- ing the number of citizens entitled to vote for representatives within the State. Sec. 2. The Convention, when assembled, shall judge of the elec- tion of its members and decide contested elections, but the General Assembly shall, in calling a Convention, provide for taking testi- mony in such cases and for issuing a writ of election in case of a tie, ARTICLE Xlll— Bill of Biffhts. That the general, great, and essential principles of liberty and free government may be recognized and established ; we declare. Sec. 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. Sec. 2. That absolute, arbitrary power over the lives, liberty, and property of freemen, exists nowhere in a republic — not even in the largest majority. Sec. 3. The right of property is before and higher than any con- stitutional 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. Sec. 4. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, happiness, security, and the protection of property. For the advancement of these ends, they have at all times an ina- lienable and indefeasible right to alter, reform, or abolish their government,' in such manner as they may think proper. Sec. 5. That all men have a natural and indefeasible right to wor- ship 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 wor- ship. Sec. 6. That the civil rights, privileges, or capacities, of any citizen shall in no wise be diminished or enlarged on account of his religion. Sec. 7. That all elections shall be free and equal. Sec 8. That the ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate, subject to such modi- fications as may be authorized by this Constitution. Sec. 9. That printing presses shall be free to every person who KENTUCKY. 1 890 undertakes to examine the proceedings of the General Assembly, or any branch of government, and no law shall ever be made to re- strain 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. Sec. 10. In prosecutions for the publication of papers investigat- ing the official conduct of officers 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. Sec. 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. Sec. 12. That in all criminal prosecutions, the accused hath aright 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. Sec. 13. That no person shall, for any indictable offence, be pro- ceeded 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 oppres- sion or misdemeanor in office. Sec. 14. No person shall, for the same offence, 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. Sec. 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. Sec. 16. That no power of suspending laws shall be exercised, unless by the General Assembly, or its authority. Sec. 17. That excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments infficted. Sec. 18. That all prisoners shall be bailable by sufficient securi- ties, unless for . 1848, and there shall also be submitted for adoption or rejection at the same time, the separate articles in relation to the emigration of colored persons and tlie pubhc debt* 11. That every person entitled to vote for members of the general assembly, by the constitution and laws now in force, shall on the first Monday in March, A. D. 1848, be entitled to vote for the adoption or rejection of this constitution, and for and against the aforesaid articles separately submitted, and the said qualified electors shall vote in the counties in which they respectively reside, at the usua] places of voting, and not elsewhere ; and the said election shall be conducted according to the laws now in force in relation to the election of governor, so far as apphcable, except as herein otherwise provided. * The article relating to the Public Debt was adopted, and has, therefore, been appended to the Constitution as Article XIV. ; that on the Emigration of colored Persons was rejected ; i1 was as follows : — "The general assembly shall, at its first session under the amended constitution, pass such laws as will efTectually prohibit free persons of color from imniigriitinK to and settling in this state ; and to effectually prevent the owners of slaves from bringing thorn into this state, for the purpose of setting them free." ILLINOIS. 443 12. [As this section merely gave the form of pool-book to be used when the constitution was submitted to the people, it is omitted, the event having passed.] 13. That the returns of the votes for the adoption or rejection of this consti- tution, and for and against the sepai-ate articles submitted, shall be made to the secretaiy of state within fifty days after the election, and the returns of the votes shall, within five days thereafter, be examined and canvassed by the auditor, treasurer and secretary of state, or any two of them, in the presence of the go- vernor, and proclamation shall be made by the governor forthwith of the result of the polls. If it shall ajDpear, that a majority of all the votes polled are for tlie adoption of this constitution, it shall be the supreme law of the land, from and after the first day of April, a. d. 1848, but if it shall appear that a majority of the votes poUed, were given against the constitution, the same shall be null and void. If it shall further appear that a majority of the votes poUed, shall have been given for the separate article in relation to colored persons, or the article for the two mill tax, then said ai-ticle, or articles, shall be and form a part of this constitution, otherwise said article, or articles, shall be null and void. 14. That if this constitution shall be ratified by the people, the governor shall forthwith, after having ascertained the fact, issue writs of election to the sheriffs of the several counties in this state ; or, in case of vacancy, to the coroners, for the election of aU the officers, the time of whose election is fixed by this consti- tution, or schedule ; and it shall be the duty of said sheriffs or coroners, to give at least twenty days' notice of the time and place of said election, in the man- ner now prescribed by law. 15. The general assembly shall, at its first session after the adoption of this , constitution, provide by law for the mode of voting by ballot, and also for the manner of retui'ning, canvassing, and certifying the number of votes cast at any election ; and imtil said law shall be passed, all elections shall be viva voce, and the laws now in force regulating elections shall continue m force until the gene- ral assembly shall provide otherwise, as herein directed. 16. That the fii'st general election of governor, secrestary of state, auditor, trea- surer, and members of the general assembly, and of such other officers as are to be elected at the same time, shall be held on the fu-st Monday of August, eigh- teen hundred and forty-eight, anything in this constitution to the contrary not- withstanding. County officers then elected shall hold their respective offices, untn theh" successors are elected or appointed, in conformity with laws hereafter enacted. 17. That returns of the election of justices of the supreme and judges of the circuit courts, secretaiy of state, auditor, and treasurer, shall be made and can- vassed, as is now provided by law for representatives in congress ; and returns for members of the general assembly and county officers shall be made and can- vassed as is now provided by law. 18. That all laws of the state of Illinois, and all official writings, and the exe- cutive, legislative, and judicial proceedings, shall be conducted, preserved, and published in no other than the English language. 19. On the first Monday in December, one thousand eight hundred and forty- eight, the term of office of judges of the supreme com-t, state's attorneys, and of the clerks of the supreme and ckcuit courts, shall expire ; and on the said day, the term of office of the judges, state's attorneys, and clerks elected under the provisions of this constitution, shall commence. The judges of the supreme court, elected as aforesaid, shall have and exercise the powers and jurisdiction conferred upon the present judges of that court ; and the said judges of the cir- cuit courts shall have and exercise the powers and jurisdictions conferred upon the judges of those coui-ts, subject to the provisions of this constitution. 20. On the first Monday of December, one thousand eight hundred and forty- eight, jm^isdiction of all suits and proceedings, then pending in the present su- preme court shall become vested in the supreme court established by this consti- tution, and shall be finally adjudicated by the court where the same may be 444 CONSTITUTION OP ILLINOIS. pending. Tlie jurisdiction of all suits and proceedings then pending in circuit courts of the several counties shall be vested in the circuit courts of said coun- ties. 21. The Cook and Jo Daviess county courts shall continue to exist, and the judge and other officers of the same remain in office, until otherwise provided by law. 22. Until otherwise provided by law, the terms of the supreme court shall be held as foUows : In the first division, on the first Monday of December, a. d. 1848, and annually thereafter. In the second division, on the third Monday of December, a. d. 1848, and annually thereafter. In the third division, on the first Monday of February a. d. 1849, and annually thereafter. The sheriffs of Jeffer- son and La Salle counties shall perform the same duties, and i-eceive the same compensation as is required and provided for the sheriff of Sangamon county, until otherwise provided by law. 23. Nothing in this constitution shaU prevent the general assembly from pas- sing such laws in relation to the apprenticeship of minors, during thek minority, as may be necessary and proper. 24. That the general assembly shall pass aU laws necessary to carry into ef- fect the provisions of this constitution. 25. Elections of judges of the supreme and circuit courts shall be subject to be contested. 26. Contested elections of judges of the supreme court shall be tried by the senate, and of judges of the circuit court by the supreme court, and the gene- ral assembly shall prescribe the manner of proceeduig therein. Done in Convention, at the Capitol, in the city of Springfield, on the thirty -first day of August, in the year of our Lord one thousand eight hundred and for- ty-seven, and of the Independence of the United States of America, the se- venty-second. KEWTOlSr CLOUD, Presideni. Henry W. Mooee, Secretary. TTarmatt G-, Reynolds, Assistant Secretary. MICHIGAN. Michigan was settled by the French as early as 1650. In 1763 it was ceu- ed to England, and at the close of the Revolutionary War, it was ceded by Great Britain to the United States, though they held possession of Detroit till 1796, when it was surrendered to the United States. In 1805 a territorial gov- ernment was formed. The British gained a temporary possession of this ter- ritory in 1812-13, but it was soon recovered by the Americans, under Gen, William H. Harrison. In 1836 Michigan became a State, and was admitted mto the Uuion. The present Constitution was adopted in 1850. Area, 28,000 sq. m. Pop. in 1850, 3'j1,Q54:. CONSTITUTION. ARTICLE l— Boundaries. 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 Indi- ana, where a direct line drawn from the southern extremity of Lake Michigan to the most northerly cape of the Maumee Bay shall inter- sect the same — said point being the north-west corner of the State of Ohio, as established by act of Congress, entitled " an act to establish 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 con- ditions therem expressed," approved Jmre fifteenth, one thousand 446 CONSTITUTION OF 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 LIuron and Lake Superior, to a point where the said line last touches Lake Superior ; thence in a direct line through Lake Supe- rior to the mouth of the Montreal river ; thence through the middle of the main chantiel of the said river Montreal to the head waters thereof; thence in a direct line to the centre of the channel between Middle and South Islands in the Lake of the Desert ; thence in a direct line to thesouthern 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 centre of the main channel of the same to the centre of the most usual ship channel of the Green Bay of Lake Michigan ; thence through the centre of the most usual ship channel 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 Ime of Indiana to the place of beginning. ARTICLE 11.— Seat of Govemmeyit Sec. 1. The Seat of Government shall be at Lansing, where it is now established. ARTICLE III. — Division of the Poivers of Government. Sec. L The powers of government are divided into three depart- ments, 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. Sec. L The legislative power is vested in a Senate and House of Representatives. 2. The Senate sh*all 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 forma- tion 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 hundi-ed 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 num- MICHIGAN. 447 ber of white inhabitants, and civilized persons of Indian descent, not members of any tribe, and shall consist of convenient and contigu- ous territory. But no township or city shall be divided in the for- mation of a representative district. When any township or city shall contain a population Avhich entitles it to more than one repre- sentative, then such township or city shall elect by general ticket the number of representatives to which it is entitled. Each county hereafter organized, with such territory as may be attached thereto, shall be entitled to a separate representative when it has attained a population equal to a moiety of the ratio of representation. In every county entitled to more than one representative, the board of super- visors shall assemble at such time, and place as the Legislature shall prescribe, and divide the same into representative districts, equal to the number of representatives 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 representative districts, specifying the number of each district, and the 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 representatives among the counties and districts, according to the number of white inhabitants and civilized persons of Indian descent, not members of any tribe. Each apportionment and the division into representative districts, by any board of supervisors, shall remain unaltered until the return of another enumeration. 5. Senators and representatives shall be citizens of the United States, and Cjualified 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 representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest. They shall not be subject to any civil process during the session of the Legisla- ture, or for fifteen days next before the commencement and after the termination of each session. They shall not be questioned in any other place for any speech in either house. 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 compel the attendance of absent members, in such manner and under such penalties as each house may prescribe. 448 CONSTITUTION OF 9. Each house shall choose its own officers, 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 constituents aiitecedent to his election. The reason for such expul- sion shall be entered upon the journal, with the names of the mem- bers 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 inju- rious 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 voce. 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 wel- fare requii'e 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 reconsider 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 be 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 each house respec- tively. 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 law, in like manner 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 governor 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, for the first sixty days of the session of the year one 1 MICHIGAN. 449 thousand eicjht hundred and fifty-one, and for the first forty days of every subsequent session, and nothing thereafter. When convened in exti-a session their compensation shall be three dollars a day for the first twenty days, and nothing thereafter ; and they shall legis- late on no other subjects than those expressly stated in the gover- nor's pi'oclamation, or submitted to them by special message. They shall be entitled to ten cents and no more for every mile actually travelled, going to and returning from the place of meeting, on the usually travelled 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 Legislature of which he was a member; but shall not receive at the expense of the State, books, newspapers, or other perquisites of office, not expressly authorized by this consti- tution. 16. The Legislature may provide by law for the payment of postage on all mailable matter received by its members and officers during, the sessions of the Legislature, but not on any sent or mailed by them. 17. The President of the Senate and the Speaker of the House of Representatives shall be entitled to the same per diem compensation and mileage as members of the Legislature, and no more. 18. No jDerson 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 Legislature, 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 member of the Legislature shall be interested, directly or indi- rectly, in any contract with the State, or any county thereof, autho- rized by any law passed, during the time for w^hich he is elected, nor for one year thereafter. 19. Every bill and joint resolution shall be read three times in each house, before the final passage thereof. No bill or joint reso- lution 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. No law 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 Legislature shall otherwise direct, by a two-thirds vote of the members elected to each house. 21. The Legislature shall not grant nor authorize extra conpensa^ tion to any public officer, agent or contractor, after the service has been rendered or the contract entered into. 22. The Legislature shall provide by law that the furnishing of fuel and stationery for the use of the State, the printing and binding 450 CONSTITUTION OF the laws and journals, all blanks, paper and printing for the execu- tive departments, and all other printing ordered by the Legislature, shall be let by contract to the lowest bidder or bidders, who shall give adequate and 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 alter such contract, nor release the person nor persons taking the same, or his or their sureties, from the performance of any of the conditions of the contract. No member of the Legislature, nor officer of the State, shall be interested directly or indirectly in any such contract. 23. The Legislature shall not authorize, by private or special law, the sale or conveyance of any real estate belonging to any person ; nor vacate, nor alter any road laid out by commissioners of high- ways, or any street in any city or village, or in any recorded town plat. 24. The Legislature may authorize the employment of a chaplain for the State prison ; but no money shall be appropriated for the payment of any religious services in either house of the Legis- lature. 25. 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. 26. Divorces shall not be granted by the Legislature. 27. The Legislature shall not authorize any lottery, nor permit the sale of lottery tickets, 28. No new bill shall be introduced into either house during the last three days of the session, without the unanimous consent of the house in which it originates. • 29. In case of a contested election, the person only shall receive from the State per diem compensation and mileage, who is declared to be entitled to a seat by the house in which the contest takes place. 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. 32. 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 February next, and on the first Wednesday in January of every second year thereafter, and at no other place or time, unless as provided in this constitution. 34. The election of senators and representatives, pursuant to the provisions of this constitution, shall be held on the Tuesday succeed- MICHIGAN. 451 ing the first Monday of November, in the year one thousand eight hundi-ed 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 oflfice 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 several counties, such powers of a local, legislative and administra- tive character as they may deem proper. 39. The Legislature shall pass no law to prevent any person from worshipping 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 support 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. 4L The Legislature shall not diminish or enlarge the civil or poli- tical rights, privileges and capacities of any person on account of his opinion or belief concerning matters of religion. 42. 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 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." 452 CONSTITUTION OF ARTICLE V. — Executive Department. Sec. 1. The Executive power is vested in a governor, who shall hold his office for two years. A lieutenant governor shall be chosen for the same term. 2. No person shall be eligible to the office of governor or lieutenant governor who has not been five years a citizen of the United States, and a resident of this State two years next preceding his election; nor shall any person be eligible to either office who has not attained the age of thirty years. 3. The governor and lieutenant governor shall 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 lieutenant governor shall be elected. In case two or more persons shall have an equal and the highest number of votes for governor or lieutenant governor, the Legislature shall, by joint vote, choose one of such persons. 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. 5. He shall transact all necessary business with officers 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 condi- tion 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 such vacancies as occur in the Senate or House of Representatives. 11. He may grant reprieves, commutations and pardons after con- victions, for all ofi'ences 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. 12. In case of the impeachment of the governor, his removal from office, death, inability, resignation, or absence from the State, the MICHIGAN. 453 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. 13. During a vacancy in the office of governor, if the lieutenant governor die, resign, be impeached, displaced, be incapable of per- forming the duties of his office, or absent from the State, the presi- dent jpro 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 presi- dent 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 tem- pore, 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 provisions 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. ARTICLE VI. — Judicial Department. Sec. 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 final 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 be so classified 454 CONSTITUTION OF that but one of them shall go out of office 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 writs of error, habeas corpus, mandamus, quo warranto, procedendo, and other original and remedial writs, and to hear and determine the same. In all other cases it shall have appellate jurisdiction 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 iu such court and in the circuit courts, and sim plify the same. The Legislature shall, as far as practicable, abolish ■distinctions between law and equity proceedings. The office of mas- ter in chancery is prohibited. 6. The State shall be divided into eight judicial circuits ; m 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 effiact to remove a judge from office. In every additional circuit established the judge shall be elected by the electors of such circuit, and his terra 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 matters 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, injunc- tion, 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 juris- dictions. 9. Each 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 people, 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 signa- ture. All such opinions shall be filed in the office of the clerk of the supreme court. The judges of the circuit court, within their respec- tive jurisdictions, may fill vacancies in the office of county clerk and of prosecuting attorney j but no judge of the supreme court, or MICHIGAN. 455 circuit court, shall exercise any other po^Yer of appointment 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 purposes, 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 governor, wliich shall continue until a successor is elected and quali fied. When elected, such successor shall hold his office the residue of the unexj)ired 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 pi-ovide 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 township, they shall be classified as shall be prescribed by law. A justice elected to fill a vacancy shall hold his office for the residue of the unexpired term. The Legislature may increase the number of justices in cities. 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 restric- tions as may be provided by law. They shall also have such crim- inal jurisdiction and perform such duties as shall be prescribed by the Legislature. 19. Judges of the supreme court, circuit judges, and justices of the peace, shall be conservators of the peace within their respective 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 34 4:56 CONSTITUTION OF is created, provision shall be made to hold the subsequent election of such additional judges at the regular elections herein provided. 21. The first election of judges of the probate courts shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and fifty-two, and every fourth year there- after. 22. Whenever a judge shall remove beyond the limits of the juris- diction for vi^hich he was elected, or a justice of the peace from the township in which he was elected, or by a change in the boundaries of such township shall be placed without the same, they shall be deemed to have vacated their respective offices. 23. The Legislature may establish courts of conciliation, with sucii powers and duties as shall be prescribed by law. 24. 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 evi- dence to the jury ; and if it shall appear to the jury that the matter charged as libellous 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. 26. The person, houses, papers, and possessions of every person shall be secure from unreasonable searches and seizures. No war- rant to search any place, or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affirmation. 27. 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 the accusation; to be confronted with the witnesses against him ; to have compulsory process for obtain- ing witnesses in his favor, and have the assistance of counsel for his defence. 29. No person, after acquittal upon the merits, shall be tried for the same otTence ; all persons shall, before conviction, be bailable by sufficient 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 M'ar against, 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 i-equired ; excessive fines shall not be imposed ; cruel or unusual punishment shall not be inflicted, nor shjili witnesses be uni-easonably detained. MICHIGAN. «456 32. 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, expi-ess or implied, except in cases of fraud or breach of trust, or of moneys collected by public officers 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." ARTICLE NIL— Elections. Sec. 1. In all elections, every white male citizen, every white male inhabitant residing in the State on the twenty-fourth day of June, one thousand eight hundred and thirty-five ; every white male inhabitant residing in this State on the first day of January, one thousand eight hundred and fifty, who has declared his intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding an election, or who has resided in this State two years and six months, and declared his intention as aforesaid ; 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; but no citizen or inhabitant shall bean elector, or entitled to vote 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 offers to vote, ten days next preceding such election. 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 alms- house 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 of the United States, shall be deemed a resident of this State in conse- 4566 CONSTITUTION OF quence 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 Ylll— State Officers. Sec. 1, There shall be elected at each general biennial election a secretary of state, a superintendent of public instruction, a state trear- surer, a commissioner of the land office, an auditor-general, and an attorney-general, for the term of two years. They shall keep their offices at the seat of government, and shall perform such duties as may be prescribed by law. 2. Their term of office shall commence on the first day of January, one thousand eight hundred and fifty-three, and of every second year thereafter. 3. Whenever a vacancy shall occur in any of the State offices, the governor shall fill the same by appointment, by and with the advice and consent of the Senate, if in session. 4. The secretary of state, state treasurer, and commissioner of the state land office shall constitute a board of state auditors to examine and adjust all claims against the State, not otherwise provided for by general law. They shall constitute a board of state canvassers to determine the result of all elections for governor, lieutenant gov- ernor, and state officers, and of such other officers as shall by law be referred to them. 5. In case two or more persons have an equal and the highest number of votes for any office, as canvassed by the board of state canvassers, the Legislature, in joint convention, shall choose one of said persons to fill such office. When the determination of the board of state canvassers is contested, the Legislature, in joint convention, shall decide which person is elected. ARTICLE IX.—Salaries. Sec. 1. The governor shall receive an annual salary of one thou- sand dollars ; the judges of the circuit court shall each receive an aamual salary of one thousand five hundred dollars ; the state trea- surer shall receive an annual salary of one thousand dollars ; the auditor-general shall receive an annual salary of one thousand dollars; the superintendent of public instruction shall receive an annual salary of one thousand dollars ; the secretary of state shall receive an annual salary of eight hundred dollars ; the commissioner of the land office shall receive an annual salary of eight hundred dollars ; the attorney-general shall receive an annual salary of eight hundred dollars. They shall receive no fees or perquisites whatever, for the performance of any duties connected with their offices. It shall MICHIGAN. c456 not be competent for the Legislature to increase the salaries herein provided. ARTICLE X.— Counties. Sec. L Each organized county shall be a body corporate, with such powers and immunities as shall be established by law. All suits and proceedings, by or against a county, shall be in the name thereof. 2. No organized county shall ever be reduced by the organization of new counties to less than sixteen townships, as surveyed by the United States, unless in pursuance of law, a majority of electors residing in each county to be effected thereby shall so decide. 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 a county in which such city may be situated, voting thereon, shall be in favor of a separate organization. 3. In each organized county there shall be a sheriff, a county clerk, a county treasurer, a register of deeds, and a prosecuting attor- ney, chosen by the electors thereof, once in two years, and as often as vacancies shall happen, whose duties and powers shall be pre- scribed by law. The board of supervisors in any county may unite the offices of county clerk and register of deeds in one office, or dis- connect the same. 4. The sheriff", county clerk, county treasurer, judge of probate, and register of deeds, shall hold their offices at the county seat. 5. The sheriff shall hold no other office, and shall be incapable of holding the office of sheriff longer than four in any period of six years. He may be required bylaw to renew his security from time to time, and in default of giving such security, his office shall be deemed vacant. The county shall never be j-esponsible for his acts. 6. A board of supervisors, consisting of one from each organized township, shall be established in each county, with such powers as shall be prescribed by law. 7. Cities shall have such representation in the board of super- visors of the counties in which they are situated, as the Legislature may direct. 8. No county seat, once established, shall be removed, until the place to which it is proposed to be removed shall be designated by two-thirds of the board of supervisors of the county, and a majority of the electors voting thereon shall have voted in favor of the pro posed location, in such manner as shall be prescribed by law. 9. The board of supervisors of any county may borrow or raise by tax one thousand dollars, for constructing or repairing public buildings, highways or bridges ; but no greater sum shall be borrowed or raised by tax for such purpose in any one year, unless authorized by a majority of the electors of such county voting thereon. 10. The board of supervisors, or in the county of Wayne, the 4:66d CONSTITUTION OF board of county auditors, shall have the exclusive power to prescribe and fix the compensation for all services rendered for, and to adjust all claims against their respective counties, and the sum so fixed or defined shall be subject to no appeal. 11. The board of supervisors of each organized county may pro vide for laying out highways, constructing bridges, and organizing townships, under such restrictions and limitations as shall be pre scribed by law. ARTICLE Xl.—Toiv7ish{ps. Sec. 1. There shall be elected annually, on the first Monday of April, in each organized township, one supervisor, one township clerk, who shall be ex-officio school inspector, one commissioner of highways, one township treasurer, one school inspector, not exceed- ing four constables, and one overseer of highways for each highway district, whose powers and duties shall be prescribed by law. 2. Each organized township shall be a body corporate, with such powers and immunities as shall be prescribed by law. All suits and proceedings by or against a township, shall be in the name thereof. ARTICLE XII. — Impeachments and Removals from Office. Sec. 1. The House of Representatives shall have the sole power of impeaching civil officers for corrupt conduct in office, or for crimes or misdemeanors ; but a majority of the members elected shall be necessary to direct an impeachment. 2. Every impeachment shall be tried by the Senate. When the governor or lieutenant governor is tried, the chief justice of the supreme court shall preside. When an impeachment is directed, the Senate shall take an oath or affirmation truly and impartially to try and determine the same according to the evidence. No person shall be convicted without the concurrence of two-thirds of the mem- bers elected. Judgment, in case of impeachment, shall not extend further than removal from office ; but the party convicted shall be liable to punishment according to law. 3. When an impeachment is directed, the House of Representa- tives shall elect from their own body three members, whose duty it shall be to prosecute such impeachment. No impeachment shall be tried until the final adjournment of the Legislature, when the Senate shall proceed to try the same. 4. No judicial officer shall exercise his office after an impeachment is directed, until he is acquitted. 5. The governor may make a provisional appointment to fill a vacancy occasioned by the suspension of an officer until he shall be acquitted, or until after the election and qualification of a suc- cessor. 6. For reasonable cause, which shall not be sufficient ground for the impeachment of a judge, the governor shall remove him on a concurrent resolution of two-thirds of the members elected to each MICHIGAN. e456 house of the Legislature; but the cause for which such removal is required shall be stated at length in such resolution. 7. The Legislature shall provide by law for the removal of any officer eltjct^ed by a county, township or school district, in such man- ner and for such cause as to them shall seem just and proper. ARTICLE XllL—JEducation. Sec. 1. The superintendent of public instruction shall have the general supervision of public instruction, and his duties shall be pre- scribed by law. 2. The proceeds from the sales of all lands that have been or here- after may be granted by the United States to the State for educational purposes, and the proceeds of all lands or other property given by individuals or appropriated by the State for like purposes, shall be and remain a perpetual fund, the interest and income of which, t'oge- gether with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant or appropriation. 3. All lands, the titles to which shall fail from a defect of heirs, shall escheat to the State ; and the interest on the clear proceeds from the sales thereof, shall be appropriated exclusively to the support of primary schools. 4. The Legislature shall, within five years from the adoption of this constitution, provide for and establish a system of primary schools, whereby a school shall be kept, without charge for tuition, at least three months in each year, in every school district in the State, and all instruction in said schools shall be conducted in the English language. 5. A school shall be maintained in each school district at least three months in each year. Any school district neglecting to main- tain such school, shall be deprived for the ensuing year of its propor- tion of the income of the primary school fund, and of all funds arising from taxes for the support of schools. 6. There shall be elected in each judicial circuit, at the time of the election of the judge of such circuit, a regent of the university, whose term of office shall be the same as that of such judge. The regents thus elected shall constitute the board of regents of the University of Michigan. 7. The regents of the university, and their successors in office, shall continue to constitute the body corporate, known by the name and title of " the Regents of the University of Michigan." 8. The regents of the university shall, at their first annual meet- ing, or as soon thereafter as may be, elect a president of the univer- sity, who shall be ex-officio a member of their board, with the privi- lege of speaking, but not of voting. He shall preside at the meetings of the regents, and be the principal executive officer of the university. The board of regents shall have the general supervision of the uni- 456/ CONSTITUTION OF versity, and the direction and control of all expenditures from the university interest fund. 9. There shall be elected at the general election in the year one thousand eight hundred and fifty-two, three members of a state board of education, one for two years, one for four years, and one for six years ; and at eacli succeeding biennial election there shall be elected one member of such board, who shall hold his office for six years. The superintendent of public instruction shall be ex-officio a member and secretary of such board. Tlie board shall have the general supervision of the State Normal School, and their duties shall be p]-escribed by law. 10. Institutions for the benefit of those inhabitants who are deaf, dumb, blind or insane, shall always be fostered and supported. 11. The Legislature shall encourage the promotion of intellectual, scientific and agricultural improvement ; and shall, as soon as prac- ticable, provide for the establishment of an agricultural school. The Legislature may appropriate the twenty-two sections of salt spring lands now unappropriated, or the money arising from the sale of the same, where such lands have been already sold, and any land which may hei-eafter be granted or appropriated for such purpose, for the support and maintenance of such school, and may make the same a branch of the university for instruction in agriculture and the natural sciences connected therewith, and place the same under the super- vision of the regents of the university. 12. The Legislature shall also provide for the establishment of at least one librarian in each township ; and all fines assessed and collected in the several counties and townships for any breach of the penal laws, shall be exclusively applied to the support of such libraries. ARTICLE XIV. — Finance and Taxation. Sec. 1. All specific State taxes, except those received from the mining companies of the Upper Peninsula, shall be applied in paying the interest upon the primary school, university, and other educa- tional funds, and the interest and principal of the State debt, in the order herein recited, until the extinguishment of the State debt, other than the amounts due to educational funds, when such specific taxes shall be added to, and constitute a part of the primary school inter- est fund. The Legislature shall provide for an annual tax, sufficient, with other resources, to pay the estimated expenses of the State gov- e:nment, the interest of the State debt, and such deficiency as may occur in the resources. 2. The Legislature shall provide by law a sinking fund of at least twenty thousand dollars a year, to commence in eighteen hundred and fifty -two, with compound interest at the rate of six per cent, per annum, and an annual increase of at least five per cent., to be applied solely to the payment and extinguishinent of the principal of the State debt, other than the amounts due to educational funds, and shall be MICHIGAN. OVoQ continued until the extinguishment thereof. The unfunded debt shall not be funded or redeemed at a value exceeding that established by- law in one thousand eight hundred and forty-eight. 3. The State may contract debts to meet deficits in revenue. Such debts shall not in the aggregate at any one time ex(?eed fifty thousand dollars. The moneys so raised shall be applied to the pur- poses for which they were obtained, or to the payurent of liie debts so contracted. 4. The State may contract debts to repel invasion, suppress insur- rection, or defend the State in time of war. The money arising from the contracting of such debts shall be applied to the purposes for which it was raised, or to repay such debts. 5. No money shall be paid out of the treasury except \-u pursu- ance of appropriations made by law. 6. The credit of the State shall not be granted to, or iu aid of any person, association or corporation. 7. No scrip, certificate or other evidence of State inde r/cedness shall be issued, except for the redemption of stock previously issued, or for such debts as are expressly authorized in this constitv tion. 8. The State shall not subscribe to, or be interested in, 'he stock of any company, association or corporation. 9. The State shall not be a pai'ty to, or interested in, any work of internal improvement, nor engaged in carrying on any sucli 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. 12. All assessments hereafter authorized shall be on property at its cash value. 13. The Legislature shall provide for an equalization by a State board, in the year one thousand eight hundred and fifty-one, and every fifth year 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. AETICLE XN .— Corporations. Sec. 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 altered, amended, or repealed. 4:56k CONSTITUTION OF 2. No banking law, or law for banking purposes, or amendments thereof, shall have effect until the same shall, after its passage, be submitted to a vote of the electors of the State, at a general elec- tion, and be approved by a majority of the votes cast thereon at such election, 3. The officers and stockholders of every corporation or association for banking purposes, issuing bank notes or paper credits to circulate as money, shall be individually liable for all debts contracted during the time of their being officers or stockholders of such corporation or association. 4. The Legislature shall provide by law for the registry of all bills or notes issued or put in circulation as money, and shall require security to the full amount of notes and bills so registered in State or United States stocks, bearing interest, which shall be deposited with the state treasurer, for the redemption of such bills or notes in specie. 5. In case of the insolvency of any bank or banking association, the billholders thereof shall be entitled to preference in payment over all other creditors of such bank or association. 6. The Legislature shall pass no law authorizing or sanctioning the suspension of specie payments by any person, association or corporation. 7. The stockholders of all corporations and joint stock associations shall be individually liable for all labor perfoi-med for such corpora- tion or association. 8. The Legislature shall pass no law altering or amending any act of incorporation heretofore granted, without the assent of two- thirds of the members elected to each house ; nor shall any such act be renewed or extended. This restriction shall not apply to muni- cipal 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 purposes, or for the con- 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 pi-eceding 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 franchises. 13. The Legislature shall provide for the incorporation and organ- MICHIGAN. f456 izatiou of cities and villages, and shall restrict their powers of taxa- tion, borrowing money, contracting debts, and loaning their credit. 14. Judicial officers of cities and villages shall be elected, and all other officers shall be elected or appointed at such time and in such manner as the Legislature may direct. 15. Private property shall not be taken for public improvements in cities and villages without the consent of the owner, unless 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. AETICLE 'KNl.— Exemptions. Sec. 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 five hundred dollars from sale on execution, or other final process of any court, issued for the collection of any debt contracted after the adoption of this consti- tution. 2. 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, vil- lage, 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 execu- tion, or any other final process from a court, for any debt con- tracted after the adoption of this constitution. Such exemption shall not extend to any mortgage thereon lawfully obtained ; but such mortgage, or other alienation of such land, by the owner thereof, if a married man, shall not be valid without the signature of the wife to the same. 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 chil- dren, 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 afterwai'ds 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 456; CONSTITUTION OF debts, obligations or engagements of her husband ; and may be devised or bequeathed by her as if she were unmarried, ARTICLE XNll.— Militia. Sec. 1. The militia shall be composed of all able bodied white male citizens between the ages of eighteen and forty-five years, except such as are exempted by the laws of the United States or of this State : but all such citizens of any religious denomination what- ever, 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 expe- dient, 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 Provisions. Sec. 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 affii-m) 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 qualifi- cation for any office or public trust. 2. When private property is taken for the use or benefit of the public, the necessity for using such property, and the just compen- sation 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 record, as shall be prescribed by law. 3. No mechanical trade shall hereafter be taught to convicts in the state prison of this State, except the manufacture of those arti- cles, 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 pro- per county, under the provisions of law. No such law shall preju- dice 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. 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 legisla- n MICHIGAN. M56 tive 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 defence 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 the right peaceably to assemble together, to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of grievances. 11. Neither slavery nor involuntai'y servitude, unless for the pun ishment of crime, shall ever be tolerated in this State. 12. 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, 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. 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 j)roceedings, 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 com|)ilation of all general laws in force, shall be printed in such manner as shall be prescribed by law. AETICLE :nS..— Upper Peninsula. Sec. 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 River Ste Marie, shall constitute a separate judicial district, and be entitled 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 456/ CONSTITUTION OF as a circuit judge in his circuit, and shall hold his office for the same period. 3. The district attorney shall be elected every two years by the electors of the district, shall perform the duties of j)rosecuting attor- ney throughout the entire district, and may issue warrants for the arrest of oiFenders in cases of felony, to be proceeded with as shall be prescribed by law. 4. Such judicial district 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 Representatives, 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 Legisla- ture 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 last Tuesday of September in the respective years in which they may be required. The county canvass shall be held on the first Tuesday in October thei'eafter, and the district canvass on the last Tuesday of said October. 7. One-half of the taxes received into the treasuiy from 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 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 be increased, nor the time for the existence of charters extended. No such corporation shall be permitted to purchase or hold any real estate, except such as shall be necessary for the exercise of its corporate franchises. ARTICLE XX. — Amendment and Revision of the Constitution. Sec. 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 thereafter, and if a majority of the electors qualified to vote for MICFIIGAN. m456 members of the Legislature voting thereon shall ratify and approve such amendment or amendments, the same shall become part of the constitution. 2. At the general election to be held in the year one thousand eight hundred and sixty-six, and in each sixteenth year thereafter, and also at such other times as the Legislature may by law pro- vide, the question of a general revision of the constitution shall be submitted to the electors qualified to vote for members of the Legis- lature ; and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a convention for such pur- pose, the Legislature, at the next session, shall provide by law for the election of delegates to such convention. All the amendments shall take effect at the commencement of the political year after their adoption. SCHEDULE. That no inconvenience may arise from the changes in the constitution of this State, and in order to cany the same into complete operation, it is hereby declared, that ' Sec. 1. The common \slw and the statute laws now in force, not repugnant to this constitution, shall remain in force until they expire by their own limitations, or are altered or repealed by the Legislature. 2. All writs, actions, causes of action, prosecutions, and rights of individuals and of bodies corporate, and of the State, and all charters of incorporation, shall con- tinue ; and aU. indictments which shall have been found, or whicli may hereafter be found, for any crime or offence committed before the adoption of this constitution, may be jDroceeded upon as if no change liad taken place. The several courts, except as herein otherwise provided, shall continue with the like powers and juris- diction, both at law and in equity, as if this constitution had not been adopted, and until the organization of the judicial department under this constitution. 3. That all fines, penalties, forfeitures and escheats accruing to the State of Michigan under the present constitution and laws, shall accrue to the use of' the State under this constitution. 4. That all recognizances, bonds, obligations, and all other instruments entered into or executed before the adoption of this constitution, to the people of the State of Michigan, to any state, county or township, or any public ofJicer or public body, or which may be entered into or executed, under existing laws, " to the people of the State of ilichigan," to any such officer or public body, before the complete organization of the departments of government under this constitution, shall remain binding and valid ; and rights and liabilities upon the same shall continue, and may be prosecuted as provided by law. And all crimes and misdemeanors, and penal actions, shall be tried, punished and prosecuted, as though no change had taken place, until otherwise provided by law. 5. A governor and heutenant governor shall be chosen under the existing con- stitution and laws, to serve after the expiration of the term of the present incumbent. 6. All officers, civil and military, now holding any office or appointment, shall continue to hold their respective offices, unless removed by competent authority, until superseded under the laws now in force, or under this constitution. 7. The members of the Senate and House of Representatives of the Legisla- 456/1 CONSTITUTION OF , ture of one thousand eight hundred and fifty-one, shall continue in ofiSce under the provisions of law until superseded by their successors elected and qualified under this coiislituti'ui. 8. All coui.'y officers, unless removed by competent authority, shall continue to hold their resjectivo offices until the first day of January, in the year one tliousand eight hundred and fifty-three. The laws now inforce as to the election, qualifica- tion, and duties of townsliip officers, shall continue in force until the Legislature shall, in confoiiiity to the provisions of this constitution, provide for the holding of electioiis to fill such offices, and prescribe the duties of such officers respec- tively 9. On ihe fir^t day of January, in the year one thousand eight hundred and fifty- two, the terms fif office of the judges of the supreme court, under existing laws, and of the judges of the county courts, and of the clerks of the supreme court, shall expire on the said day. 10. Ou the first day of January, in the year one thousand eight hundred and fifty-two, the jurisdiction of all suits and proceedings then pending in the present supreme courts, shall become vested in the supreme court estalili^hed by tliis con- stitution, M.nd shall be finally adjudicated by the court where tlie same may be pending. The jurisdiction of all suits and proceedings at law and equity, then pend- ing in xhe circuit courts and county courts for the several counties, shall become vested in the circuit courts of the said counties, and district court for the Upper Peninsula. 11. The probate courts, the coiuis of justices of the peace, and the police court authorized by an act entitled " An act to establish a police court in the city of Detroit," ap]3roved April second, one thousand eight hundred and fifty, shall con- tinue to exercise the jurisdiction and powers now conferred upon them lespectively, until otherwise ]jrovided by law. 12. The office of State printer shall be vested in the present incumbent until the expiration of the term for whicli he was elected under the law then in force; and all the provisions of the said law relating to his duties, rights, privileges and compensation, shall remain unimpaired and inviolate imtil the expiration of his said term of office. 13. It shall be the duty of the Legislature, at their first session, to adapt the present laws to the provisions of this constitution, as far as may be. 14. The attorney-general of the State is required to prepare and report to the Legislature, at tiie commencement of the next session, such changes and modifica- tions in existing laws as may be deemed necessary to adapt the same to this con- stitution, and as may be best calculated to carry into effect its provisions ; and he shall receive no additional compensation therefor. 15. Any territory attached to any county for judicial purposes, if not otherwise represented, shall be considered as forming part of such county, so far as regards elections for the ]iurpose of representation. 16. This coijstitution shall be submitted to the people for their adoption or rejection, at the general election to be held on the first Tuesday of November, one thousani'l eight hundred and fifty ; and there shall also be submitted for adoption or rejectir^i, at tlie same time, the separate resolution in relation to the elective franchise ; and it shall be the duty of the secretary of state, and all other officers required to give or publish any notice in regard to the said general election, to give notice, as provided by law in case of an election of governor, that this consti- tution has been duly submitted to the electors at said election. Every newspaper within this State riublishing, in the month of September next, this constitution as submitted, shall rf ceive, as compensation therefor, the sum of twenty-five dollars, to be paid as tlic Legislature shall direct. 17. Any perse :i entitled to vote for members of the Legislature, by the consti- tution and laws i^w in force, shall, at the said election, be entitled to vote for the adoption or rejf'cnon of this constitution, and for or against the resolution separately submitted, at th'-^ places and in the manner provided by law for the election of members of the Legislature. MICHIGAN. o456 18. At the said general election, a ballot box shall be kept by the several boards of inspectors thereof, for i-eceiving the votes cast for or against the adoption of this constitution ; and on the ballots shall be written or printed, or partly written and parth' printed, the words " Adoption of the constitution — yes," or " Adoption of the constitution — no." 19. The canvass of the votes cast for the adoption or rejection ^f this constitu- tion, and tlie provision in relation to the elective franchise separately submitted, and the returns thereof shall be made by the proper canvassing officers, in the same manner as now provided by law for the canvass and return of the votes cast at an election for governor, as near as may be, and the return thereof shall be directed to the secretary of state. On the sixteenth day of December next, or within five days thereafter, the auditor general, state treasurer, and secretary of state, shall meet at the capitol, and proceed, in presence of the governor, to exam- ine and canvass the returns of the said votes, and proclamation shall forthwith be made by the governor of the result thereof. If it shall appear that a majority of the votes cast upon the question have thereon " Adoption of the constitution — yes," this constitution shall be the supreme law of the State from and after the first day of January, one thousand eight hundred and fifty-one, except as is liereiu otherwise provided ; but if a majority of the votes cast upon the question have tliereon " Adoption of the constitution — no," the same shall be null and void. And in case of the adoption of this constitution, said officers shall immediately, or as soon thereafter as practicable, proceed to open the statements of votes returned from the several counties for judges of the supreme court and State officers under the act entitled " An act to amend the revised statutes and to provide for the elec- tion of certain officers by the people in pursuance to an amendment to the consti- tution, approved February sixteenth, one thousand eight hundred and fifty," and shall ascertain, determine and certify the results of the election for said officers under said acts, in the same manner, as near as may be, as i.s now provided by law in regard to the election of representatives in Congress. And the several judges and officers so ascertained to have been elected may be qualified and enter upon the duties of their respective offices, on the first Monday of January next, or as noon thereafter as practicable. 20. The salaries or compensation of all persons holding office under the present constitution, shall continue to be tlie same as now provided by law, until super seded by their successors elected or appointed under this constitution ; and it shall not be lawful hereafter for the Legislature to increase or diminish the com- pensation of any officer during the term for which he is elected or appointed. 21. The Legislature, at their first session, shall provide for the payment of all expenditures of the convention to revise the constitution, and of the publication of tlie same as is provided in this article. 22. Every county, except Mackinaw and Chippewa, entitled to a representative ill the Legislature, at the time of the adoption of this constitution, shall continue t.a1 iftcted bj virtue c thf r respective offices. ARKANSAS. 489 ARTICLE IX. — General Provisions. — Education. Sec. 1. Knowledge and learning, generally diffused through a community, heing essential to the preservation of a free government, and diffusing the op- portunities and advantages of education through the various parts of the State being highly conducive to this end, it shall be the duty of the General Assem- bly to provide by law for the improvement of such lands as are or hereafter may be granted by the United States to this State for the irse of schools, and to apply any funds which may be raised fi-om such land, or from any other source, to the accomplishment of the object for which they are or may be in- tended. The General Assemoly shall from time to time pass such laws as shall be calculated to encourage intellectual, scientiiic, and. agricultural im- provements, by allowing rcM'ards and immunities for the promotion and im- provement of arts, science, commerce, manofactm-es, and natural history; and countenance and encourage the principles of humanity, industry, and morality. Emancipation of Slaves. Sec. 1. The General Assembly shall have no power to pass laws for the emancipation of slaves, without the consent of the owners. They shall have no power to prevent emigrants to this State from bringing with them such per- sons as are deemed slaves by the laws of any one of the United States. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have power to prevent slaves from being brought to this State as merchandize, and also to oblige the owners of slaves to treat them with h^^manit\^ . 3. Treason 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 his own confession in open court. 3. No person who denies the being of a God shall hold any office in the civil departuient of this State, nor be allowed his oath in any court. 4. No money shall be drawn from the treasury but in consequence of an ap- propriation by law, nor shall any appropriation of money for the support of an army be made for a longer tenn than two years ; and a regular statement and accoimt of the receipts and expenditures of all public moneys shall be pn.blished with the promulgation of the laws. 5. Absence on business of this State, or of the United States, or on a visit of necessary private business, shall not cause a forfeiture of a residence once obtained. 6. No lotteri'- shall be authorized by this State, nor shall the sale of lottery tickets be allowed. 7. Internal improvements shall be encouraged by the government of this State, and it shall be the duty of the General Assembly, as soon as may be, to make provision by law for ascertaining the proper objects of improvements in relation to roads, canals, and navigable waters ; and it shall also be their duty to provide by law for an equal, sy.stematic, and economical application of the fund which may be appropriated to these objects. 8. Returns for all elections for olhcers who are to be commissioned by the Governor, and for members of the General Assembly, shall be made to the Secretary of State. 9. Within five j'ears after the adoption of this Constitution, the laws, civil, and criminal, shall be revised, digested, and arranged, and promulgated in, such manner as the General Assembly shall direct, and a like revision, digest, and promulgation shall be made within every subsequent period of ten years. 10. In the event of the annexation of any territory to this State, by a cession from the United States, laws may be passed extending to the inhabitants of such territor)^ all the rights and privileges which may be required by the terms of such '-.ession, anything in his Constitution to the contrary notAVithstanding. 490 CONSTITUTION OF ARKANSAS. 11. The person of a debtor, except where there is strong presumption cf fraud, shall neither be imprisoned nor continued in prison alter delivering up Ms estate lor the benefit of his creditors, in such manner as may be prescribed by law. Revemie. Sec. 1. All revenue shall be raised by taxation, to be fixed by law. 2. All property subject to taxation shall be taxed according to its value, that value to be ascertained in such manner as the General Assembly shall di- rect, making the same equal and uniform throughout the State. No one spe- cies of property from which a tax may be collected, shall be taxed higher than another species of property of equal value : Provided, the General Assembly shall have power to tax merchants, hawkers, pedlers, and privileges, in such manner as may from time to time be prescribed by law : and provided further, that no other or greater amounts of revenue shall at any time be levied, than required for the necessary expenses of government, unless by a concurrence of two-thirds of both houses of the General Assembly. 3. No poll tax shall be assessed for other than county purposes. 4. No other or greater tax shall be levied on the productions or labor of the country than may be required for expenses of inspection. Establishment of Banks. Sbc. 1. The General Assembly may incorporate one State Bank, with such amount of capital as may be deemed necessary, and with such number of branches as may be required for public convenience, which shall become the repository of the funds belonging to, or under the control of, the State ; and shall be required to loan them out throughout the State, and in each county, in proportion to representation ; and they shall further have power to incorpo- rate one other banking institution, calculated to aid and promote the great agricultural interests of the country ; and the faith and credit of the State may be pledged to raise the funds necessary to carry into operation the two banks herein specified : Provided, such security can be given by the individual stock- holders as will guaranty the State against loss or injury. AMENDMENTS TO THE CONSTITUTION OF AEKANSAS. Profosei hy the General Assembly, ieguM and held at the City of Little Rock, in the State of Arhansas, on the first Monday of November, one thousand eight hibndred and forty four , and ratified Novemher 17. 1846. Art. 1. No bank or banking institution shall be hereafter incorporated, or established in this State. 2. The General Assembly shall have power to compel the Judges of the Circuit Courts to interchange circuits either temporarily or permanently, under such regu- lations as may be provided by law. 3. The General Assembly shall have power to confer such jurisdiction, as it may from time to time deem proper, on Justices of the Peace in all matters of con- tracts, covenants, and in actions for the recovery of fines and forfeitures, when the amount claimed does not exceed one hundred dollars, and in actions and prosecu- tions for assault and battery, and other penal offences, less than felony, which may be punishable by fine only. 4. Judges of the Supreme and Circuit Courts, Clerks of the Supreme and Cir- cuit Courts, Attorneys for the State, Sheriffs, Coroners, County Treasurers, Justices of the Peace, Constables, and all other ofiicers, whose term is fixed by the Con- Btitution to a specific number of years, shall hold their respective offices for tho term now specified, and until their successors are elected and qualified. Batified Mv. 17, 1846. TEXAS. The first settlement made in Texas was in 1792. It was a part of Mexico until 1835, when it declared itself independent. The Mexicans attempted to recover the territory in 1836. The force consisted of 1600 men, under Santa Anna. A severe battle ensued, in which more than 600 of the Mexicans were killed and 300 wound- ed, and Santa Anna and his men were taken prisoners. The Texan force consisted of only about 800 men, under Gen. S. Houston ; their loss was only 6 killed and about 30 wounded. Texas remained a separate government until 1845, when, by mutual agreement, it was annexed to the United States, and thus became the twenty-eighth State in the union. Area, 324,018 sq. m. Pop. in 1850, 187,403- Slaves, 53,346 and 926, Free blacks. CONSTITUTION. We, the people of the republic of Texas, acknowledging with gratitude the grace and benificence of God in permitting us to make a choice of our form of government, do, in accordance with the provisions of the joint resolution for annexing Texas to the United States, approved March first, one thousand eight hundred and forty-five, ordain and establish this Constitution. ARTICLE I.— Bill of Rights. That the general, great, and essential principles of liberty and free government may be recognized and established, toe declare that — Sec. 1. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit ; and they have at all times the inalienable right to alter, reform, or abolish their form of gov- ernment, in such manner as they may think expedient. 492 CONSTITUTION OF 2. All freemen, -when they form a social compact, have equal rights ; and no man, or set of men, is entitled to exclusive, separate, pubKc emokmaents or privileges, but in consideration of public services. 3. No religious test shall ever be required as a qualification to any office or public trust in this State. 4. All men have a natural and indefeasible riglit to worship God according to the dictates of their own consciences ; no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent ; no human authority ought, in any case whatever, to control or inter- fere with the rights of conscience in matters of religion, and no preference shaJ ever be given by law to any religious societies or modes of worship. But it shall be the duty of the Legislature to pass such laws as shall be necessary to protect every religious denomination in the peaceable enjoyment of their own mode of public worship. 5. Every citizen shall be at liberty to speak, write, or publish his opinions on any subject, being responsible for the abuse of that privilege ; and no law shall ever be passed curtailing the liberty of speech or of the press. 6. In prosecutions for the publication of papers investigating the official con- duct of officers,_or men in a public capacity, or where the matter published is proper for public information, the truth thereof maybe 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 coui't, as in other cases. _ 7. The people shall be secure in their persons, houses, papers, and posses- sions, from all v areasonable seizures or searches ; and no warrant to search any place, or to s. iye any person or thing, shall issue, without describing them as near as may be, nor without probable cause, supported by oath or affii-ma- tion. 8. In all criminal prosecutions, the accused shall have a speedy public trial, by an impartial jury ; he shall not be compelled to give evidence against him- self; he shall have the right of being heard by himself or counsel or both; shall be confronted with the witnesses against him, and shall have compulsorj'- process for obtaining witnesses in his favor ; and no person shall be holden to answer for any criminal charge, but on indictment or information, except in cases arising in the land or naval forces, or offences against the laws regulating the militia. 9. All prisoners shall be bailable by sufficient sureties, unless for capital of- fences, when the proof is evident or the presumption great ; but this provision shall not be so construed as to prohibit bail after indictment found, upon an examination of the evidence by a judge of the Supreme or district court, upon the return of the writ of habeas corpus, returnable in the county where the of- fence is committed. 10. The privilege of the writ of habeas corpus shall not be suspended, ex- cept when, in case of rebellion or invasion the public safety may require it. 11. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. 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. 12. No person, for the same offence, shall be twice put in jeopardy of life or limb ; nor shall a person be again put upon trial for the same offence after a verdict of not guilty; and the right of trial by jury shall remain inviolate. 13. Every citizen shall have the right to keep and bear arms in the lawful defense of himself and the State. 14. No bill of attainder, ex post facto law, retro-active law, or any law im- pairing the obligation of contracts, shall be made ; and no person's property shall be taken or applied to public use, without adequate compensation being made, unless by the consent of such person. 15. No person .shall ever be imprisoned for debt. 16. No citizen of this State shall be deprived of life, liberty, property, or privileges, outlawed, exiled, or in any manner disfranchised, except by due course of the law of the land. TEXAS. 49o 17. The military shall at all times be subordinate to the civil amnoritv. 18. Perpetuities and monopolies are contrary to the genius of a iVee g;oveni- ment, and shall never be allowed; nor shall the law of primogeniture or en- tailments ever be in force in this State. 19. The citizens shall have the right, in a peaceable manner, to assemble to- gether for their common good, and to apply to those invested with the powers of government for redress of grievances, or other purposes, by petition, address, or remonstrance. 20. No power of suspending laws in this State shall be exercised, except by the Legislature or its authority. 21. To guard against transgressions of the high powers herein delegated, we declare that everything in this " bill of rights " is excepted out of the general powers of Government, and shall forever remain inviolate ; and all laws con- trary thereto, or to the following provisions, shall be void. ARTICLE n. Sec. 1. The powers of the government of the State of Texas shall be divided into three distinct departments, and each of them be confined to a separate body of magistracy, to wit : those which are legislative, to one ; those which are ex- ecutive, to another ; and those which are judicial to another; and no person, or collection of persons, being of one of those departments, shall exercise any power properly attached to either of the otheis, except in the instances herein expressly permitted. ARTICLE III. — Legislative Department. Sec. 1. Every free male person who shall have attained the age of twenty- one years, and who shall be a citizen of the United States, or who is, at the time of the adoption of this Constitution by the Congress of the United States, a citizen of the republic of Texas, and shall have resided in this State one year next preceding an election, and the last six months within the district, count)^ city, or town, in which he offers to vote (Indians not taxed, Africans and de- scendants of Africans, excepted), shall be deemed a qualified elector ; and should such qualified elector happen to be in any other county situated in the district in which he resides at the time of an election, he shall be permitted to vote for any district officer : provided, that the qualified electors shall be permitted to vote anywhere in the State for State officers: a-nd provided, further, that no sol- dier, seaman, or marine, in the army or hslvj of the United States, shall be en- titled to vote at any election created by this Constitution. 2. All free male persons over the age of twenty-one years (Indians not taxed, Africans and descendants of Africans, excepted), who shall have resided six months in Texas, immediately preceding the acceptance of this Constitution bj^ the Congress of the United States, shall be deemed qualified electors. 3. Electors in all cases shall be privileged from arrest during their attend- ance at elections, and in going to and returning from the same, except in cases of treason, felony, or breach of the peace. 4. The legislative powers of this State shall be vested in two distinct branch- es ; the one to be styled the Senate, and the other the House of Representatives, and both together the " Legislature of the State of Texas." The style of all laws shall be, "Be it enacted by the Legislature of the State of Texas." 5. The members of the House of Representatives .shall be chosen by the quali- fied electors, and their term of office shall be two years from the day of the general election ; and the sessions of the Legislature shall be biennial, at such times as shall be prescribed by law. 6. No person shall be a representative, unless he be a citizen of the United States, or at the time of the adoption of this Constitution a citizen of the repub- lic of Texas, and shall have been an inhabitant of this State two years next preceding his election, and the last j^ear thereof a citizen of the county, city, or town for which he shall be chosen, and shal I have attained the age of twenty- one years at the time of his election. 7. All elections by the people shall be held at such time and places, in tlie 494 CONSTITUTION OP several counties, cities, or towns, as are now, or may hereafter be, designated by law. 8. The senators shall be chosen by the qualified electors for the term of four years ; and shall be divided by lot into two classes, as nearly equal as can be. The seats of senators of the first class shall be vacated at the expiration of the first two years, and of the second class at the expiration of four years ; so that one-half thereof shall be chosen biennially thereafter. 9. Such mode of classifying new additional senators shall be observed, as will as nearly as possible preserve an equality of number in each class. 10. When a senatorial district shall be composed of two or more counties, it shall not be separated by any county belonging to another district. 11. No person shall be a senator unless he be a citizen of the United States, or at the time of the acceptance of this Constitution by the Congress of the Uni- ted States, a citizen of the republic of Texas ; and shall have been an inhabit- ant of this State three years next preceding the election, and the last year thereof a resident of the district for which he shall be chosen, and have attained the age of thirty years. 12. The House of Representatives, when assembled, shall choose a Speaker and its other officers ; and the Senate shall choose a President for the time be- ing and its other officers. Each house shall judge of the qualifications and elections of its own members ; but contested elections shall be determined in such manner as shall be directed by law. Two-thirds of each house shall con- stitute 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 mider such penalties, as each house may provide. 13. 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 lor the same offence. 14. 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 journals. 15. When vacancies happen in either house, the Governor, or the person exercising the power of the Governor, shall issue writs of election to fill such vacancy. 16. Senators and representatives shall in all cases, except in treason, felon)^ or breach oi' the peace, be privileged from arrest duiing the session of the Le- gislatm'e, and in going to and returning from the same, allowing one day for every twenty miles such member may reside from the place at which the Le- gislature is convened. 17. Each house may punish by imprisonment during the session, an)'- person not a member, for disrespectful or disorderly conduct, in its presence ; or for obstructing any of its proceedings : provided such imprisonment shall not at any one time exceed 48 hours. 18. The doors of each house shall be kept open. 19. 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 sit- ting, without the concurrence of both houses. 20. Bills may originate in either house, and be amended, altered, or rejected by the other ; but no bill shall have the force of a law until, on three several days, it be read in each house, and free discussion be allowed thereon, unless, in case of great emergency, four-fifths of the house in which the bill shall be pending may deem it expedient to dispense with this rule ; and every bill hav- ing passed both houses, shall be signed by the Speaker and President of their respective houses. 21. All bills for raising revenue shall originate in the House of Representa- tives ; but the Senate may amend or reject them, as other bills. 22. After a bill or resolution has been rejected by either brancli of the Legis- lature, no bill or resolution containing the same substance shall be passed into a law during the same session. S3. Each member of the Legislature shall receive from the public treasury a TEXAS. 495 compensation for his services, which may be increased oi diminished by law ; but no increase of compensation shall take.effect during the session at which such increase shall be made. 24. No senator or representative shall, during the term for which he may be elected, he eligible to any civil office of profit under this State, which shall have been created, or Ihe emoluments of which may have been increased, dur- ing the term ; and no member of either house of the Legislature shall, during the term lor which he is elected, be eligible to any office or place, the appoint- ment to which may be made, in whole or in part, by either branch of the Leg- islature ; nor shall the members thereof be capable of voting for a member of their own body, for any office whatever, except it be in «r.ch cases as are herein provided. The President for the time being of the Senate, and Speaker of the House of Representatives, shall be elected from their respective bodies. 25. No judge of an)^ court of law or equitj^, secretary of state, aitorney-gen- eral, clerk of any court of record, sheriff, or collector, or any person holding a lucrative office under the United States, or this State, or any foreign government, shall be eligible to the Legislature, nor shall at the same time hold or exercise any two offices, agencies, or appointments of trust or profit under this State : provided, that offices of the militia, to which there is attached no annual salary, or the ofiice of justice of the peace, shall not be deemed lucrative. 26. No person, who at any time may have been a collector of taxes, or who may have been otherwise entrusted with public money, shall be eligible to the Legislature, or to any office of profit or trust under the State government, until he shall have obtained a discharge for the amount of such collections, and for all public moneys with which he may have been entrusted. 27. Ministers of the gospel being by their profession dedicated to God and the care of souls, ought not to be diverted from the great duties of their func- tions ; therefore no minister of the gospel, or priest of any denomination what- ever, shall be eligible to the Legislature. 28. Elections for senators and representatives shall be general throughout the State, and shall be regulated by law. 29. The Legislature shall, at their first meeting, and in the year one thou- sand eight hundred and forty-eight, and fifty, and every eight years thereafter, cause an enumeration to be made of all the free inhabitants (Indians not taxed, Africans and descendants of Africans, excepted) of the State, designating par- ticularly the number of qualified electors ; and the whole number of represent- atives shall, at the several periods of making such enumeration, be fixed by the Legislature, and apportioned among the several counties, cities or towns, ac- cording to the number of free population in each ; and shall not be less than forty-five, nor more than ninety. 30. Until after the first enumeration and apportionment imder this Constitu- tion, the following shall be the apportionment of representatives amongst the several counties, viz. : The county of Montgomery shall elect four representatives ; the counties of Red R,iver, Harrison, Nacogdoches, Harris, and Washington, shall elect three representatives each; the counties of Fannin, Lamar, Bowie, Shelby, San Au- gustine, Rusk, Houston, Sabine, Liberty, Robertson, Galveston, Brazoria, Fay- ette, Colorado, Austin, Gonzales, and Bexar, two representatives each ; the counties of Jeffi;rson, Jasper, Brazos, Milan, Bastrop, Travis, Matagorda, Jackson, Fort Bend, Victoria, Refugio, Goliad, and San Patricio, one repre- sentative each. 3L The whole number of senators shall, at the next session after the several periods of making the enumeration, be fixed by the Legislature, and appor- tioned among the several districts to be established by law, according to the number of qualified electors, and shall never be less than nineteen, nor more than thirty-three. 32. Until the first enumeration, as provided for by this Constitution, the sen- atorial districts shall be as follows, to wit : The counties of Fannin and Lamar shall constitute the first district, and elect one senator; the counties of Red River and Bowie, the second district, and elect one senator ; the counties of 496 CONSTITUTIDN OF Fannin, Lamar, Red River, and Bowie, conjointly, shall elect one senator; the county of Harrison, the third district, shall elect one senator ; the counties of Nacogdoches, Rusk, and Houston, the fourth district, shall elect two sena- tors ; the counties of San Augustine and Shelb}'-, the fifth district, shall elect one senator ; the counties of Sabine and Jasper, the sixth district, shall elect one senator; the. counties of Liberty and Jefferson, the seventh district, shall elect one senator; the counties of Robertson and Brazos, the eighth district, shall elect one senator ; the county of Montgomery, the ninth district, shall elect one senator ; the county of Harris, the tenth district, shall elect one senator ; the county of Galveston, the eleventh district, shall elect one senator ; the coun- ties of Brazoria and Matagorda, the twelfth district, shall elect one senator; the counties of Austin and Fort Bend, the thirteenth district, shall elect one senator ; the counties of Colorado and Fayette, the fourteenth district, shall elect one senator; the counties of Bastrop and Travis, the fifteenth district, shall elect one senator ; the counties of Washington and Milan, the sixteenth district, shall elect one senator ; the counties of Victoria, Gonzales, and Jack- son, the seventeenth district, shall elect one senator ; the county of Bexar, the eighteenth district, shall elect one senator ; and tlie counties of Goliad, Refugio, and San Patricio, the nineteenth district, shall elect one senator. 33. The first session of the Legislature, after the adoption of the Constitu- tion by the Congress of the United States, shall be held at the city of Austin, the present seat of government, and thereafter, itntil the year one thousand eight hundred and fifty ; after which period, the seat of government shall be perma- nently located by the people. 34. The members of the Legislature shall at their first session receive from the treasury of the State, as their compensation, three dollars for each day they shall be inattenaance on, and three dollars for every twenty-five miles travel- ing to and from the place of convening the Legislature. 35. In order to settle permanently the seat of government, an election shall be holden throughout the State, at the usual places of holding elections, on the first Monday in March, one thousand eight hundred and fifty — which shall be conducted according to law — at which time the people shall vote for such place as they may see proper for the seat of government. The returns of said elec- tion to be transmitted to the Governor by the first Monday in June: if either place voted for shall have a majority of the whole number of votes cast, then the same shall be the permanent seat of government imtil the year one thou- sand eight hundred and seventy, unless the State shall sooner be divided. But in case neither place voted for shall have the majority of the whole number of votes given in, then the Governor shall issue Ijis proclamation for an election to be holden in the same manner, on the first Monday in October, one thousand eight hundred and fifty, between the two places having the highest number of votes at the first election. The election shall be conducted in the same manner as at the first, and the returns made to the Governor ; and the place having the highest number of votes shall be the seat of government for the time herein provided. ARTICLE IV. — Judicial Department. Sec. 1. The judicial power of this State shall be vested in one Supreme Court, in district courts, and in such inferior courts as the Legislature may from time to time ordain and establish ; and such jurisdiction may be vested in corporation courts as may be deemed necessary, and be directed by law. 2. The Supreme Court shall consist of a Chief- Justice and two associates, any two of whom shall form a quorum. 3. The Supreme Court shall have appellate jurisdiction only, whicli shall be co-extensive with the limits of the State ; but, in criminal cases, and in ap- peals from inter. ocutory judgments, with such exceptions and under such regu- lations as the Legislature shall make; and the Supreme Court and judges thereof shall have power to issue the writ of haieas corpus, and, under such regulations as may be prescribed by law, may issue writs of mandanbus, and such other writs as shaP be necessary to enforce its own jui'isdiction ; and also TEXAS. 497 compel a judge of the district court to proceed to trial and judgment in a cause ; and the Supreme Court shall hold its sessions once every year, between the months of October and June, inclusive, at not more than three places in the State. 4. The Supreme Court shall appoint its owti clerks, who shall hold their offices for four years, and be subject to removal by the said Court for neglect of duty, misdemeanor in office, and such other causes as may be prescribed by law. 5. The Governor shall nominate, and, by and with the advice and consent of two-thirds of the Senate, shall appoint the judges of the Supreme and dis- trict courts, and they shall hold their offices for six years. 6. The State shall be divided into convenient judicial districts. For each district there shall be appointed a judge, who shall reside in the same, and hold the courts at one place in each county, and at least twice in each year, in such manner as may be prescribed by law. 7. The judges of the Supreme Court shall receive a salary not less than two thousand dollars annually, and the judges of the district court a salary not less than seventeen hundred and fifty dollars annually ; and the salaries of the judges shall not be increased or diminished during their continuance in office. 8. The judges of the Supreme and district courts shall be removed by the Governor, on the address of two-thirds of each house of the Legislature, for wilful neglect of duty, or other reasonable cause which shall not be sufficient ground for impeachment; provided, however, that the cause or causes for which such removal shall be required, shall be stated at length in such address, and entered on the journals of each house : and provided, further, that the cause or causes shall be notified to the judge so intended to be removed; and he shall be admitted to a hearing in his own defense, before a vote for any such address shall pass ; and, in all such cases, the vote shall be taken by yeas and nays, and entered on the journals of each house respectively. 9. All judges of the Supreme and district courts shall, by virtue of their offices, be conservators of the peace throughout the State. The style of all writs and processes shall be, " The State of Texas." All prosecutions shall be carried on in the name and by the authority of the " State of Texas," and con- clude, " against the peace and dignity of the State." 10. The district court shall have original jurisdiction of all criminal cases, of all suits in behalf of the State to recover penalties, forfeitures, and escheats, and of all cases of divorce, and of all suits, complaints, and pleas whatever, without regard to any distin9tion between law and equity, when the matter in controversy shall be valued at, or amount to, one hundred dollars, exclusive of interest ; and the said courts, or the judges thereof, shall have power to issue all writs necessary to enforce their own jurisdiction, and give them a general superintendence and control over inferior jurisdictions. And in the trial of all criminal cases, the jury trying the same shall fine and assess the amount of punishment to be inflicted, or fine imposed, except in cap- ital cases, and where the punishment or fine imposed shall be specifically im- posed by law. 11. There shall be a clerk of the district court for each county, who shall be elected by the qualified voters for members of the Legislature, and who shall hold his office for four years, subject to removal by information, or by present- ment of a grand jury, and conviction of a petit jury. In case of vajancy, the judge of the district shall have the power to appoint a clerk until a regular election can be held. 12. The Governor shall nominate, and, by and with the advice and consent of two-thirds of the Senate, appoint an Attorney-General, "who shall hold his office for two years ; and there shall be elected, by joint vote of both houses of the Legislature, a district-attorney for each district, who shall hold his office for two years ; and the duties, salaries, and perquisites of the Attorney-General and district-attorneys, shall be prescribed by law. 13. There shall be appointed for each county a convenient number of justices of the peace, one sheriti', one coroner, and a sufficient number of constables, 498 CONSTITUTION OF who shall hold their offices for two years, to be elected by the qualified voters of the district or county, as the Legislature may direct. Justices of the peace, sheriff, and coroner, shall be commissioned by the Governor. The sherili" shall not be eligible more than four years in every sLx. 14. 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 consanguinit}'-, within such degrees as may be prescribed by law, or where he shall have been of counsel in the cause. When the Supreme Court, or any two of its members, shall be thus disqualified to hear and determine any cause or causes in said court, or when no judgment can be rendered in any case or cases in said court, by reason of the equal division of opinion of said judges, the same shall be certified to the Governor of the State, who shall immediatety commission the requisite number of persons learned in the law, for the trial and determination of said case or cases. When the judges of the district court are thus disqual- ified, the parties may, by consent, appoint a proper person to try the said case ; and the judges of the said courts may exchange districts, or hold courts for each other, when they may deem it expedient, and shall do so when directed by law. The disqualifications of judges of inferior tribunals shall be reme- died as may hereafter be by law prescribed. 15. Inferior tribunals shall be established in each county for appointing guardians ; granting letters testamentary and of administration ; for settling the accounts of executors, administrators, and guardians, and for the transac- tion of business appertaining to estates ; and the district courts shall have original and appellate jurisdiction and general control over the said inferior tribunals, and original jurisdiction and control over executors, administrators, guardians, and minors, under such regulation as may be prescribed by law. 16. In the trial of all causes in equity in the district court, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury, to be governed by the rules and regulations prescribed in trials at law. 17. Justices of the peace shall have such civil and criminal jurisdiction a.s shall be provided for by law. 18. In all causes arising out of a contract, before any inferior judicial tribu- nal, when the amount in controversy shall exceed ten dollars, the plaintiff or defendant shall, upon application to the presiding officer, have the right of trial by jury. 19. In all cases where justices of the peace or other judicial officers of inferior tribunals shall have jurisdiction in the trial of causes where the pen- alty for the violation of a law is fine or imprisonment (except in case of con- tempt), the accused shall have the right of trial by jury, ARTICLE V. — Executive Department. Sec. 1. The supreme executive power of this State shall be vested in a cMel magistrate, who shall be styled the Governor of the State of Texas. 2. The Governor shall be elected by the qualified electors of the State at the time and places of elections for members of the Legislature. 3. The returns of every election for Governor, until otherwise provided by law, shall be made out, sealed up, and transmitted to the seat of government, and directed to the Speaker of the House of Representatives, who shall, during the first week of the session of the Legislature thereafter, open and publish them in the presence of both houses of the Legislature ; the person having the highest number of votes, and being constitutionally eligible, shall be declared by the Speaker, under the direction of the Legislature, to be Governor; but if two or more persons shall have the highest and an equal number of votes, one of them shall be immediately chosen Governor by joint vote of both houses of the Legislature. Contested elections for Governor shall be determined by both houses of the Legislature. 4. The Governor shall hold his office for the term of two years from the regu- lar time of installation, and until his successor shall be duly qualified, but shall not be eligible for more than four years in any term of six years ; he shall be at least thirty years of age, shall be a citizen of the United States, or a citi^*!* TKXAS. 499 of the State of Texas, at the time of the adoption of this Constitution, and shall have resided in the same three years immediatel)'- preceding his election. 5. He shall, at stated times, receive a compensation for his services, which shall not be increased or diminished during the term for which he shall have been elected. The iirst Governor shall receive an annaal salary of two thou- sand dollars, and no more. 6. The Governor shall be commander-in-chief of the armj' and nav}'' of this State, and of the militia, except when ihey shall be called into the service of the United States. 7. He may require information, in writing, from the officers of the executive department, on any subject relating to the duties of their respective offices. 8. He may, by proclamation, on extraordinary occasions, convene the Legis- lature at the seat of government, or at a difierent place, if that should be in the actual possession of a public enemy ; in case of disagreement between the two houses with respect to the adjournment, he may adjourn them to such time as he shall think proper, not beyond the day of the next regular meeting of the Legislature. 9. He shall, from time to time, give to the Legislature information, in writing, of the state of the government, and recommend to their consideration such mea- sures as he may deem expedient. 10. He shall take care that the laws be faithfully executed. 11. In all criminal cases, except in those of treason and impeachment, he shall have power, after conviction, to grant'reprieves and pardons ; and, under such rules as the Legislature may prescribe, he shall have pov/er to remit fines and forfeitures. In cases of treason, he shall have power, by and with the ad- vice and consent of the Senate, to grant reprieves and pardons ; and he may, in the recess of the Senate, respite the sentence until the end of the next ses- sion of the Legislature. 12. There shall also be a Lieutenant-Governor, who shall be chosen at every election for Governor by the same persons, and in the same manner, continue in office for the same time, and possess the same qualifications. In voting for Governor and Lieutenant-Governor, the electors shall distinguish for whom they vote for as Governor and for whom as Lieutenant-Governor. The Lieutenant-Governor shall, by virtue of his office, be President of the Senate, and have, when in committee of the whole, a right to debate and vote on all questions, and, when the Senate is equally divided, to give the casting vote. In case of the death, resignation, removal from office, inability or refusal of the Governor to serve, or of his impeachment or absence from the State, the Lieu- tenant-Governor shall exercise the powers and authority appertaining to the office of Governor, imtil another be chosen at the periodical election for Gov- ernor, and be duly qualified, or until the Governor impeached, absent, or disa- bled, shall be acquitted, return, or his disability be removed. 13. Whenever the government shall be administered by the Lieutenant-Gov- ernor, or he shall be unable to attend as President of the Senate, the Senate shall elect one of their own members as President for the time being. 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 be unable to serve, or if he shall be impeached, or absent from the State, the President of the Senate for the time being shall, in like manner, administer the government imtil he shall be superseded by a Governor or Lieutenant-Governor ; the Lieutenant- Governor shall, whilst he acts as President of the Senate, receive for his ser- vices the same compensation which shall be allowed to the Speaker of the House of Representatives, and no more ; and during the time he administers the govermnent as Governor, shall receive the same compensation which the Governor would have received had he been employed in the duties of his office, and no more. The President for the time being of the Senate shall, during the time he aaministers the government, receive in like manner the same compen- sation which the Governor would have received had he been employed in the duties of his office. If the Lieutenant-Governor shall be required to adminis- ter the government, and shall, whilst in such administr;ition, die, resign, or be 500 CONSTITUTION OF absent from the State, during the recess of the Legislature, it shall be the duty of the Secretary of State to convene the Senate for the pm^pose of choosing a President for the time being. 14. There shall be a seal of the State, \\rhich shall be kept by the Gov- ernor and used by him officially. The said seal shall be a star of five points encircled by an olive and live-oak branches, and the words, "the State of Texas." 15. All commissions shall be in the name and by the authority of the State of Texas, be sealed with the State seal, signed by the Governor, and attested by the Secretary of State. 16. There shall be a Secretary of State, who shall be appointed by the Gov- ernor, by and with the advice and consent of the Senate, and shall continue in office during the term of service of the Governor elect. He shall keep a fair register of all official acts and proceedings of the Governor; and shall, when required, lay the same, and all papers, minutes and vouchers, relative thereto, before the Legislature, or either house thereof; and shall perform such other duties as may be required of him by law. 17. Every bill which shall have passed both houses of the Legislature shall 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 shall have originat- ed, who shall enter the objections at large upon the journals, and proceed to reconsider it; if, after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, Avith the objections, to the other house, by which it shall likewise be reconsidered ; if approved by two-thirds of the members present of that house, 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 or against the bill shall be entered on the journals of each house respectively. If any bill shall not be returned by the Governor within five days, Sundays excepted, after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it. Every bill presented to the Governor one day previous to the adjournment of the Legisla- ture, and not returned to the house in which it originated, before its adjourn- ment, shall become a law, and have the same force and effect as if signed by the Governor. 18. Every order, resolution, or vote, to which the concurrence of both houses of the Legislature 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 both houses according to the rules and limitations prescribed in the case of a bill. 19. The Governor, by and with the advice and consent of two-thirds of the Senate, shall appoint a convenient number of notaries-public, not exceeding six for each county, who, in addition to such duties as are prescribed by law, shall discharge such other duties as the Legislature may, from time to" time, prescribe. 20. Nominations to fill vacancies that may have occurred during the recess shall be made to the Senate during the first ten days of its session. And should any nomination so made be rejected, the same individual shall not again be nominated during the session to fill the same office. And should the Governor fail to make nominations to fill any vacancy during the session of the Senate, such vacancy shall not be filled by the Governor until the next meeting of the Senate. 21. The Governor shall reside, during the session of the Legislature, at the place where their sessions may be held, and, at all other times, wherever, in their opinion, the public good may require. 22. No person holding the office of Governor shall hold any other office or commission, civil or military. 23. A State treasurer and comptroller of public accounts shall be biennially elected by the joint ballot of both houses of the Legislature, and, in case of va- cancy in either of said offices during the recess of the Legislature, such vacan- TEXAS. 501 cy shall be filled by the Governor, which appointment shall continue until the close of tl e next session of the Legislature thereafter. .■ARTICLE Yl.— Militia. Sec. ] . The Legislature shall provide by law for organizing and disciplining the militia of this State, in such manner as they shall deem expedient, not in- compatible with the Constitution and laws of "the United States in relation thereto. 2. Any person who conscientiously scruples to bear aims, shall not be com- pelled to do so, but shall pa)'- an equivalent for personal service. 3. No licensed minister of the gospel shall be required to perform military duty, work on roads, or serve on juries, in this State. 4. The Governor shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions. ARTICLE Yll.— General Provisions. Sec. 1. Members of the Legislature, and all officers, before they enter upon the duties of their office, shall take the following oath or affirmation : " I, A. B., do solemnly swear (or affirnj) that I will faithfully and impartially discharge and perform all the duties incmnbent on me as , according to the best of my skill and ability, agreeably to the Constitution and laws of the United States, and of this State ; and I do fui'ther solemnly swear (or affirm) that, since the adoption of this Constitution by the Congress of the United States. I^ being a citizen of this State, have not fought a duel with deadly weapons within this State, or out of it ; nor have I sent or accepted a challenge to fight a duel with deadly weapons ; nor have I acted as second in carrying a challenge, or aided, advised, or assisted an)-- person thus offending : so help me God." 2. Treason against this State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort ; and no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open court. 3. Every person shall be disqualified from holding any office of ttust or profit in this State, who shall have been convicted of having given or offered a bribe to procm'e his election or appointment. 4. Laws shall be made, to exclude from office, serving on juries, and frons 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 un- due influence thereon, from power, bribery, tumult, or other improper practice. 5. 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 Avithin the State or out of it, or who shall act as second, or knowingly aid and assist, in any manner, those thus ofiending, shall be deprived of holding any office of trust or profit under this State. 6. In all elections by the people, the vote shall be bj^ ballot, mitil the Legis- lature shall otherwise direct; and in all elections by the Senate and House of Representatives, jointly or separately, the vote shall be given viva voce, except in the election of their officers. 7. The Legislatm-e shall provide by law for the compensation of all officers, servants, agents, and public contractors not provided for by this Constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract en- tered into for the performance of the same ; nor grant, by appropriation or other- wise, any amount of money out of the treasury of the State, to any individual, on a claim, real or pretended, where the same shall not have been provided for by pre-existing law: Provided, that nothing in this section shall be so con- strued as to affect the claims of persons against the republic of Texas, hereto- fore existing. 8. No money shall be drawn from the treasury but in pursuance of specific approp; iations made by law; nor shall any appropriation of money be made 502 CONSTITUTION OF for a longer term than two years, except for purposes of education ; and no ap- propriation for private or individual purposes, or for purposes of internal im- provement, shall be made without the concurrence of two-thirds of both houses of tie Legislature. A regular statement and account of the receipts and ex- penditures of all public money shall be published annually, in such manner as shall be prescribed by law. And in no case shall the Legislature have the power to issue treasury warrants, treasury notes, or paper of any description, intended to circulate as money. 9. All civil officers shall reside within the State ; and all district or county officers, within their districts or counties ; and shall keep, their offices at such places therein, as may be required by law. 10. The duration of all olhces not fixed by this Constitution, shall never ex- ceed four years. 11. Absence on the business of this State, or of the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right oi suff- rage, or of being elected or appointed to any office, under the exceptions con- tained in this Constitution. 12. The Legislature shall have power to provide for deductions from the salaries of public officers, who may neglect the performance of any duty that may be assigned them by law. 13. No member of Congress, nor person holding or exercising any office ol profit or trust under the United States, or either of them, or under any foreign power, shall be eligible as a member of the Legislature, or hold or exercise any office of profit or trust under this State. 14. The Legislature shall provide for a change of venue in civil and crimi- nal cases ; and for the erection of a penitentiary at as early a day as practica- ble. 15. It shall be the duty of the Legislature to pass such laws as may be neces- sary and proper to decide differences by arbitration, when the parties shall elect that method of trial. 16. Within five years after the adoption of this Constitution, the laws, civil and criminal, shall be revised digested, arranged, and published in such manner as the Legislature shall direct ; and a like revision, digest, and publication, shall be made ever}'' ten years thereafter. 17. No lottery shall be authorized by this State ; and the buying or selling of lottery tickets within this State is prohibited. 18. No divorce shall be granted by the Legislature. 19. All property both real and personal, of the wife, owTied or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall l.>e her separate property ; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property, as that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property. 20. The rights of property and of action which have been acquired under the Constitution and laws of the republic of Texas, shall not be divested ; nor shall any rights or actions which have been divested, barred, or declared null and void by the Constitution and laws of the republic of Texas, be re-invested, revived, or reinstated by this Constitution; but the same shall remain precisely in the situation in which they were before the adoption of this Constitution. 21. All claims, locations, surveys, grants, and titles to land, which are de- clared null and void by the Constitution of the republic of Texas, are, and the same shall remain forever, null and void. 22. The Legislature shall have power to protect by law, from forced sale, a certain portion of the property of all heads of families. The homestead of a family, not to exceed two hundred acres of land (not included in a town or city), or any town or city lot or lots, in value not to exceed two thousand dollars, shall not be subject to forced sale for any debts hereafter contracted ; nor shall the owner, if a married roan, be at liberty to alienate the same, unless by the con- sent of the wile, in such manner as the Legislature may hereaftei point out. 23. The Legislature shall proTide in what cases officers shall continue to TEXAS. 503 perform the duties of their otfices imtil their successors shall be duly qualified. 24. Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title. 25. 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 al length. 26. No person shall hold or exercise, at the same time, more than one civil office of emolument, except that of justice of the peace. 27. 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 di- rected by law ; except such property as two-thirds of both houses of the Legis- lature may think proper to exempt horn taxation. The Legislature shall have poAver to lay an income tax, and to tax all persons pursuing any occupation, trade, or profession : provided, that the term " occupation," shall not be con- strued to apply to pui suits either agricultural or mechanical. 28. The Legislature shall have power to provide by law for exempting from taxation two hundred and fifty dollars' worth of the household furnitm-e, or other property belonging to each family in this State. 29. The assessor and collector of taxes shall be appointed in such manner, and under such regulations, as the Legislature may direct. 30. No corporate body shall hereafter be created, renewed, or extended, with banking or discounting privileges. 3L No private corporation shall be crea.ted, unless the bill creating it shall be passed by two-thirds of both houses of the Legislature ; and two-thirds of the Legislature shall have pov/er to revoke and repeal all private corporations, by making compensation for the franchise. And the State shall not be part owner of the stock or property belonging to an]^ corporation. 32. The Legislature shall" prohibit, by law, individuals from issuing bills, checks, promissory notes, or other paper, to circulate as money. 33. The aggregate amoimt of debts hereafter contracted by the Legislature shall never exceed the sum of one hundred thousand dollars, except in case of war, to repel invasions, or suppress insurrections. And in no case shall any amount be borrowed, except by a vote of two-thirds of both houses of the Le- gislature. 34. The Legislature shall, at the first session thereof, and may, at any sub- sequent session, establish new counties for the convenience of the inhabitants of such new county or counties : provided, that no new county shall be estab- lished, which shall reduce the county or counties, or either of them, from which it shall be taken, to a less area than nine hundred square miles (except the GOimty of Bowie), unless by consent of two-thirds of the Legislature ; nor shall any county be laid oif of less contents. Every new county, as to the right of suffrage and representation, shall be considered as part of the county or coun- ties from which it was taken, until entitled, by numbers, to the right of sepa- rate representation. 35. No soldier shall, in time of peace, be quartered in the house, or within the enclosure, of any individual, without the consent of the owner, nor in time of war, but in a manner prescribed by law. 36. The salaries of the Governor and judges of J;he Supreme and_ district courts are hereby fixed at the minimum established in the Constitution, and shall not be increased for ten years. 37. Mode of amending the Consiikdion. — The Legislature, whenever two- thirds of each house shall deem it necessary, may propose amendments to this Constitution ; which proposed amendments shall be duly published in the pub- lic prints of the State, at least three months before the next general election of representatives, for the consideration of the people : and it shall be the duty of the several returning officers, at the next election, which shall be thus holden, to open a poll for, and make a return to, the Secretary of State, of the names of all those voting for representatives, who have voted on such proposed amend- ments ; and if thereupon it shall appear that a majority of all the citizens of this State, voting for representatives, have voted in favor of such proposed 38 504 CONSTITUTION OF amendments, and two-thirds of each house of the next Legislature shall, after such election, and before another, ratify the same amendments by yeas and nays, they shall be valid, to all intents and purposes, as parts of this Constitu- tion : provided, that the said proposed amendments shall, at each of the said sessions, have been read on three several days in each house. AE,TICLE Ylll.—Slaves. Sec. 1. The Legislature shall have no power to pass laws for the emancipa- tion of slaves, without the consent of their owners, nor without paying their owners, previous to such emancipation, a full equivalent in money for the slaves so emancipated. They shall have no power to prevent emigrants to this State from bringing with them such persons as are deemed slaves by the laws of toy of the United States, so long as any person of the same age or descrip- tion shall be continued in slavery by the laws of this State : provided, that such slave be the bona fide property of such emigrants : provided, also, that laws shall be passed to inhibit the introduction into this State of slaves who have commit- ted high crimes in other States or Territories. They shall have the right to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have full power to pass laws which will oblige the owners of slaves to treat them with humanity ; to provide for them necessary food and clothing ; to ab- stain 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 taken from such owner, and sold for the benefit of such owner or owners. They may pass laws to prevent slaves from being brought into this State as merchandize only. S. In the prosecution of slaves for crimes of a higher grade than petit lar- ceny, the Legislature shall have no power to deprive them of an impartial trial by a petit jury. 3. Any person who shall maliciously dismember, or deprive a slave of life, shall suffer such punishment as would be inflicted in case the like offence had been committed upon a free white person, and on like proof, except in case of insurrection of such slave. ARTICLE l^..— Impeachment. Sec. 1. The power of impeachment shall be vested in the House of Repre- sentatives. 2. Impeachments of the Governor, Lieutenant-governor, attorney-general, secretary of State, treasurer, comptroller, and of the judges of the district courts, shall be tried by the Senate. 3. Impeachments of judges of the Supreme Court shall be tried by the Sen- ate. When sitting as a court of impeachment, the senators shall be upon oath or affirmation ; and no person shall be convicted without the concurrence of two-thirds of the senators present. 4. Judgment in cases of impeachment shall extend only to removal from of- fice, and disqualification from holding any oiiice of honor, trust or profit, under this State ; but the parties convicted shall, nevertheless, be subject to indict- ment, trial, and punishment, according to law. 5. All officers against whom articles of impeachment may be preferred, shall be suspended from the exercise of the duties of their office during the pendency of such impeachment; the appointing power may make a provisional appoint- 'iftent, to fill the vacancy occasioned by the suspension of an officer, mitil the decision on the impeachment. 6. The Legislature shall provide for the trial, punishment, and removal from office, of all other officers of the State, by indictment, or otherwise. ARTICLE 'X..— Education. Sec. 1. A general diffusion of knowledge being essential to the preservation of the rights and liberties of the people, it shall be the duty ot the Legislature of this State to make suitable provision for the support and maintenance of Ipublic schools. TEXAS. 505 3. The Legislature shall, as early as practicable, establish free schools throughout the State, and shall furnish means for their support, bj'' taxation on property ; and it shall be the duty of the Legislature to set apart not less than one-tenth of the annual revenue of the State derivable from taxation, as a per- petual fimd, which fund shall be appropriated to the support of free public schools ; and no law shall ever be made diverting said fund to any other use ; and until such time as the Legislature shall provide for the establishment of such schools in the several districts of the State, the fund thus created shall re- main as a charge against the State, passed to the credit of the free common- school fmid. 3. All public lands which have been heretofore, or which may hereafter be, granted for public schools, to the various counties, or other political divisions in this State, shall not be alienated in fee, nor disposed of otherwise than by lease, for a term not exceeding twenty years, in such manner as the Legislature may direct. 4. The several counties in this State, which have not receivea their quan- tum of lands, for the purposes of education, shall be entitled to the same quan- tity heretofore appropriated by the Congress of the republic of Texas to other counties. ARTICLE XL 1. All certificates for head-right claims to lands issued to fictitious persons, or which were forged, and all locations and surveys thereon, are, and the same were, null and void from the beginning. 2. The district courts shall be opened until the first day of July, one thou- sand eight hundred and forty-seven, for the establishment of certificates for head-rights not recommended by the commissioners appointed under the act to detect fraudulent land certificates, and to provide for issuing patents to legal claimants ; and the parties suing shall produce the like proof, and be subjected to the requisitions which were necessary and vtere prescribed by law, to sus- tain the original application for the said certificates ; and all certificates above referred to, not established or sued upon before the period limited, shall be bar- red ; and the said certificates, and all locations and surveys thereon, shall be forever null and void ; and all re-locations made on such survey, shall not be disturbed until the certificates are established as above directed. ARTICLE Xn..—La7id Office. There shall be one general land office in the State, which shall be at the seat of government, where all titles which have heretofore emanated, or may here- after emanate, from government, shall be registered. And the Legislature may establish, from time to time, such subordinate offices as thejr may deem requisite. IOWA. The attention of emigrants has been turned, with peculiar interest, towards this new State It is now settling more rapidly than any other portion of the great W^st Iowa formed the territorial government in 1838. In 1844 it adopted a Consti- tution and asked to be admitted into the union as an independent State. A law was passed by Congress for that purpose in 1845 which altered the bounds fi.xed m me Constitution. It was rejected, because it dimimshed its territory. In 1846 terms were agreed upon, and Iowa became the 29th State m the union. Area, 150,000 sq. ra. Pop. in 1850, 192,214. CONSTITUTION. ARTICLE I'. — Preamble and Boundams. We the people of the territory of Iowa, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a con- tinuation of these blessings, do ordain and establish a free and indepenaenl 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 mam channel of the Des koines river, thence up the middle of the main channel oi the said Des Moines dver, to a po nton said river where the northern boundary line of the Sta e of MissoSi as established bv the Constitution of that State, adopted June 12th, IOWA. 507 1820, 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 in- tersect 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 Nicollet'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 minutes, until said parallel intersect the middle of the main channel of the Mississippi river; thence down the middle of the main channel of said Mississippi river, to the place of beginning. ARTICLE ll.—BillofRigUs. Sec. 1. All men are by nature free and independent, and have certain in- alienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting propert}', and pursuing and ob- taining safety and happiness. 2. All political power is inherent in the people. Government is instituted for the protection, security, and beneiit of the people ; and they have the right, at all times, to alter or reform the same, whenever the public good may re- quire it. 3. The General Assembly shall m.ake no law respecting an establishment of religion, or prohibiting the free exercise thereof, nor shall any person be compelled to attend any place of w'orship, pay tithes, taxes, or other rates for building or repairing places of worship, or for the maintenance of any minis- ter or ministry. 4. No religious test shall be required as a qualification for any ofiice or pub- lic trust, and no person shall be deprived of an}^ of his rights, privileges or ca- Sacities, or disqualified trom the performance of any of his public or private uties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion. 5. Any citizen of this State who may hereafter be engaged, either directly or indirectly, in a duel, either as principal or accessary before the fact, shall for- ever 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. 7. Every person may speak, write, and publish his sentiments on all sub- jects, 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 libellous was true, and was pub- lished with good motives, and for justifiable ends, the party shall be acquitted. 8. 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 affinnation, particularly describing the place to be searched, and the papers and things to be seized. 9. The right of trial by jury shall remain inviolate; but the General Assem- bly may authorize trial hy jury of a less number than twelve men in inferior courts. 10. In all criminal prosecutions the accused shall have a right to a speedy trial by an impartial jury, to be informed of the accusation against him, to be contronted with the witnesses against him, to have compulsory process for his 3wn witnesses, and to have the assistance of coimsel. 11. No person shall be held to answer for a criminal offence, unless on present- ment or indictment by a grand jury, except in cases cognizable by justices of the peace, or arising in the armj' or nav)^, or in the militia when in actual service in time of war or public danger. 12. No person shall, after acquittal, be tried for the same ofl^ence. All per- 508 CONSTITUTION OF sons shall, before conviction, be bailable by sufficient sureties, except for capi- tal offences, where the proof is evident or the presumption great. 13. The writ of habeas corpus shall not be suspended, unless iu case of re- bellion or invasion, the public safety require it. 14. The military shall be subordinate to the civil power. No standing army shall be kept up by the State in time of peace, and in time of war no appropri- ation for a standing army shall be for a longer time than two years. 15. 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. 16. 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. 17. Excessive bail shall not be required. Excessive fines shall not be im- posed ; and cruel and unusual punishments shall not be inflicted. 18. Private property shall not be taken for public use without just compen- sation. 19. 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. 20. The people have the right freely to assemble together to consult for the common good, to make known their opinions to their representatives, and to petition for redress of grievances. 21. No bill of attainder, ex post facto law, or law impairing che obligation of contracts, shall ever be passed. 22. Foreigners who are, or who may hereafter become, residents of this State, shall enjoy the same rights, in respect to the possession, enjoyment, and descent of property, as native-born citizens. 23. Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State. 24. This enumeration of rights shall not be construed to impair or deny others, retained by the people. ARTICLE III.— Right of Suffrage. Sec. 1. Every white 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 preced- ing the election, and the county in which he claims his vote twenty days, shall be entitled to vote at all elections which are now or hereafter may be author- ized 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 elec- tion, 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 privileges of an elector. 6. AIl elections by the people shall be by ballot. ARTICLE IV. — Of the Distribution of Powers. The powers of the government of Iowa shall be divided into three sepa- rate departments; the Legislative, the executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these depart- ments, shall exercise any function appertaining to either of the others, except in the cases hereinafter expressly directed or permitted. IOWA. 509 Legislative DepartTnent Sec. 1. The legislative authority of this State shall be vested in a Senatft and Hoiise of Representatives, which shall be designated the General Assem- bly of the State of Iowa, and the style of their laws shall commence in the fol- lowing manner : "Be it enacted by the General Assembly of the State of Iowa." 2. The sessions of the General Assembly shall be biennial, and shall com- mence on the first Monday of December next ensuing the election of its mem- bers; unless the Governor of the State shall, in the interim, convene the Gen- eral Assembly by proclamation. 3. The members of the House of R,epresentatives shall be chosen every se- cond year, by the qualified electors of their respective districts, on the first Monday in August, whose term of office shall continue two years from the day of the general election. 4. No person shall be a member of the House of Representatives who shall not have attained the age of twenty-one years ; be a free white male citizen of the United States, and have been an inhabitant of this State or territory one year next preceding his election; and at the time of his election, have an actual residence of thirty days in the county or district he may be chosen to represent. 5. Senators shall be chosen for the term of four years, at the same time and place as representatives ; they shall be twenty-five years of age, and possess the qualifications of representatives as to residence and citizenship. 6. The number of senators shall not be less than one-third nor more than one-half the representative body, and at the first session of the General Assem- bly after this Constitution cakes effect, the senators shall be divided by lot, as equally as may be, into two cla.sses; 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 every two years. 7. When the number of senators is increased, iney shall be annexed by lot to one o"f the two classes, so as to keep them as nearly equal in number as practicable. 8. Each house shall choose its own officers and judge of the qualification, election, and return of its own members. A contested election "shall be deter- mined in such manner as shall be directed by law. 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 sit upon its own adjournments, keep a journal of its proceedings, and publi-sh the same ; determine its rules of proceedings, pimish members for disorderly behavior, and with the consent of two-thirds, expel a member, but not a second time for the same offence, and shall have all other powers necessary for a branch of the General Assembly of a free and inde- pendent State. 11. Every member of the General Assembly shall have 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 j^eas 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. 12. Senators and representatives in all cases except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the General Assembly, and in going to and returning from the same. 13. When vacancies occur in either house, the Governor or the person exercis- ing the functions of the Governor, shall issue writs of election to fill such va- cancies. 14. The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy. 510 CONSTITUTION OF 15. 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 maybe sitting. 16. Bills may originate in either house, except bills for revenue, which shall always originate in the House of Representatives, and may be amended, al- tered, or rejected by the other ; and every bill having passed both houses, shall be signed by the Speaker and President of their respective houses. 17. Every bill which shall have passed the General Assembly shall, before it become 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 origi- nated, which shall enter the same upon the journal and proceed to reconsider it; if, after such reconsideration, it again pass both houses, by yeas and nays, by a majority of two-thirds ot the members of each house present, it shall be- come a law notwithstanding the Governor's objections. If any bill shall not be returned within three days after it shall have been presented to him, Sun- day excepted, the same shall be a law in like manner as if he had signed it, unless the General Assembly b)^ adjournment prevent such return. 18. An accurate statement of the receipts and expenditures of the public money shall be attached to and publrshed with the laws, at every regular ses- sion of the General Assembly. 19. The House of Representatives shall have the sole power of impeach- ment, 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 concurrence of two-thirds of the members present. 20. The Governor, Secretary of State, auditor, treasurer, and judges of the Supreme and district courts, shall be liable to impeachments for any misde- meanor 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 convicted or acquitted shall nevertheless be liable to indictment, trial, and punishment, according to law. All other civil officers shall be tried lor misdemeanors in office in such manner as the General Assembly may provide. 21. No senator or representative 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 the General Assem.bly ; Provi- ded, That officers in the militia, to which there is attached no annual salary, or the office of justice of the peace, or postmasters whose compensation does not exceed one hundred dollars per annum, shall not be deemed lucrative. 23. No person who may hereafter be a collector or holder of public monies, shall have a seat in either house of the General Assembly, or be eligible to any office of trust or profit under this State, until he shall have accounted for and paid into the treasury, all sums for which he may be liable. 24. No money shall be drawn from the treasury but in consequence of appro- priations made by law. 25. Each member of the General Assembly shall receive a compensation to be fixed by law, for his services, to be paid out of the treasury of the State. Such compensation shall not exceed two dollars per day for the period of fifty days from the commencement of the session, and shall not exceed the sum of one dollar per day for the remainder of the session : when convened in extra session by the Governor, they shall receive such sum as shall be fixed for the first fifty daj^s of the ordinary session. They shall also receive two dollars for every twenty miles they shall travel, in going to and returning from their place of meeting, on the most usual route: provided, however, \\\aX the. members of the first General Assembly under this Constitution shall receive two dollars per day for their services during tlie entire session. IOWA. 511 26. Every law shall embrace but one object, which shall be expressed in this title. 27. No law of the General Assembly, of a public nature, shall take effect until the same shall be published and circulated in the several counties of this State, by authority. If the General Assembly shall deem any law of imme- diate importance, they may provide that the same shall take effect by publica- tion in newspapers in the State. 28. No divorce shall be granted by the General Assembly. • 29. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed. 30. Members of the General Assembly shall, before they enter upon the du- ties of their respective offices, take and subscribe the following oath or affirma- tion : I do solemnly swear or affirm (as the case may be), that I will support the Constitution of the United States, and the Constitution of the State of Iowa, and that I will faithfully discharge the duties of senator (or representa- tive as the case may be), according to the best of my ability. And members of the General Assembly are hereby empowered to administer to each other the said oath or affirmation. 31. Within one year after the ratification of this Constitution, and within every subsequent term of two years, for the term of eight years, an enumera- tion of all the white inhabitants of this State shall be made, in such manner as shall be directed by law. The number of senators and representatives shall, at theii' first regular session of the General Assembly after such enumeration, be fixed by law, and apportioned among the several counties according to the number of white inhabitants in each ; and shall also, at every subsequent regu- lar session, apportion the House of Representatives, and every other regular session the Senate, for eight years ; and the House of Reprepentatives shall never be less than twenty-six, nor greater than thirty-nine, until the number of white inhabitants shall be one hundred and seventy-five thousand ; and after that event, at such ratio that the whole number of representatives shall never be less than thirt)'--nine nor exceeding seventy-two. 32. When a congressional, senatorial, or representative district shall be com- posed 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 con- gressional, senatorial, or representative district. 33. In all elections by the General Assembly, the members thereof shall vote viva voce, and the votes shaU be entered on the journal. 34. For the first ten years after the organization of the government, the an- nual salary of the Governor shall not exceed one thousand dollars ; Secretary of State, five hundred dollars ; treasurer, four hundred dollars ; auditor, six hundred dollars ; judges of the Supreme and district conrts, each one thou- sand dollars. ARTICLE V. — Executive Departvient. Sec. 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. 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 Ms office four years from the time of his installation, and until his successor shall be quali- fied. 3. No person shall be eligible to the office of Governor, who has not been a citizen of the United States, and a resident of the State two years next preced- ing the election, and attained the age of thirty years at the time of said elec- tion. 4. The returns of every election for Governor shall be sealed up and trans- mitted to the seat of government, directed to the Speaker of the House of Representatives, who shall, during the first week of the session, open and pub- lish them in presence of both houses of the General Assembly. The person Having the highest number oi votes shall be Governor ; but in case any two 512 CONSTITUTION OP or more have an equal and the highest number of votes, the General Assem- bly shall, by joint ballot, 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 nav}' of this State. 6. He shall transact all executive business with the officers of government, civil and milifriy, and may require information in writing from the officers of the executiv ■ 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 inode 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. 9. 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. 10. He shall communicate by message to the General Assembly, at every session, the condition of the State, and recommend such matters as he shall deem expedient. 11. 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, provided it be not beyond the time fixed for the meeting of the next General Assembly. 12. No person shall, while holding any other office imder the United States, or this State, execute the office of Governor, except as hereinafter expressly provided. 13. The Governor shall have power to grant reprieves and pardons, ana commute punishments after conviction, except in cases of impeachment. 14. The Governor shall, at stated times, receive for his services a compensa- tion which shall neither be increased nor diminished during the time for which he shall have been elected. 15. 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. 16. 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 this State, signed by the Governor, and countersigned by the Secretary of State. 17. A Secretary of State, auditor of public accounts, and treasurer, shall be elected by the qualified electors, who shall continue in office two years. The Secretary of State shall keep a fair register of all the official acts of the Gov- ernor, and shall, when required, lay the same, together with all papers, min- utes, and vouchers relative thereto, before either branch of the General Assem- bly, and shall perform such other duties as shall be assigned him by law. • 18. In case of the impeachment of the Governor, his removal from office, death, resignation, or absence from the State, the powers and duties of the of- fice shall devolve upon the Secretary of State, until such disability shall cease, or the vacancy be filled. 19. If, during the vacancy of the office of Governor, the Secretary of State shall be impeached, displaced, resign, die, or be absent from the State, the powers and duties of the office of Governor shall devolve upon the President of the Senate ; and should a vacancy occur by impeachment, death, resig- nation, or absence from the State, of the President of the Senate, the Speaker of the House of Representatives shall act as Governor till the vacancy be filled. ARTICLE Yl— Judicial Department. Sec. 1. The judicial power shall be vested in a Supreme Court, district courts, and such inferior courts as the General Assembly may from time to time establish. IOWA. 513 2. The Supreme Court shall consist of a Chief- Justice and two associates, two of whom shall be a quorum to hold Court. 3. The judges of the Supreme Court shall be elected by joint vote of both branches of llie General Assembly, and shall hold their courts at such time and place as the General Assembly may direct, and hold their offices tor six years, and until their successors are elected and qualified ; and shall be in- eligible 'o any other office during the term for which they may be elected. The Supreme Court shall have appellate jurisdiction only in all cases in chan- cery, and shall constitute a Court tor the correction of errors at law, under such restrictions as the General Assembly may by law prescribe. The Su- preme Coui't shall have power to issue all writs and processes necessary to do justice to parties, and exercise a supervisory control over all inferior judicial tribunals, and the judges of the Supreme Court shall be conservators of the peace throughout the State. 4. The district court shall consist of a judge, who shall be elected by the qual- ified voters of the district in which he resides, at the township election, and hold his office for the term of five )'-ears, and until his successor is duly elected and qualified, and shall be ineligible to any other office during the term for which he may be elected. The district court shall be a court of law and equi- ty, and have jurisdiction in all civil and criminal matters arising in their re- spective districts, in such manner as shall be prescribed by law. The judges of the district com-ts shall be conservators of the peace in their respective dis- tricts. The first session of the General Assembly shall divide the State into four districts, which may be increased as the exigencies require. 5. The qualified voters of each county shall, at the general election, elect one prosecuting attorney and one clerk of the district court, who shall be resi- dents therein, and who shall hold their several offices for the term of two years, and until their successors are elected and qualified. 6. The style of all processes shall be, " the State of Iowa," and all prosecu- tions shall be conducted in the name and by the authority of the same. ARTICLE YIL— Militia. Sec. 1. The militia of this State shall be composed of all able-bodied while male citizens between the ages of eighteen and forty-five years, except such as are or may hereafter be exempt by the laws of the United States or of this State, and shall be armed, equipped, and trained, as 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 exemption, in the same manner as other citizens. 3. All commissioned officers of the militia (staif-officers excepted) shall be elected by the persons liable to perform military duty, and shall be commis- sioned b}^ the Governor. ARTICLE YIIl -State Debts. The General Assembly shall not in any manner create any debt or debts, lia- bility or liabilities, which shall singly or in the aggregate, with any previous debts or liabilities, exceed the sum of one hundred thousand dollars, except in case of wrir, to repel invasion, or suppress insurrection, unless the same shall be authorized by some law for some single object, or work to be distinctly spe- cified therein, which law shall provide ways and means, exclusive of loans, for the payment of the interest of such debt or liability as it falls due, and also to pay and discharge the principal of such de^jt 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 efiect 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 ail 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 514 COKSTITUTION OF created, and such law shall be published in at least one newspaper in each ju- dicial district, if one is published therein, throughout the State, for three months preceding the election at which it is submitted to the people. ARTICLE IX. — Incorporations. Sec. 1. No corporate body shall hereafter be created, renewed, or extended, with the pri^dlege of making, issuing, or putting in circulation, any bill, check, ticket, certificate, promissory note, or other paper, or the paper of any bank, to circulate as money. The General Assembly 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. 2. Corporations shall not be created in this State by special laws, except for political or municipal purposes, but the General Assemblj'' shall provide, by general lav,^s, for the organization of all other corporations, except corporations with banking privileges, the creation of which is prohibited. The stockholders shall be subject to such liabilities and restrictions as shall be provided hj law. The State shall not, directly or indirectly, become a stockholder in any corpo- ration. ARTICLE X. — Education and School Lands. Sec. 1. The General Assembly shall provide for the election, by the people, of a superintendent of public instruction, who shall hold his office for three years, and whose duties shall be prescribed by law, and who shall receive such compensation as the General Assembly may direct. 2. The General Assembly shall encourage, by all suitable means, the pro- motion of intellectual, scientific, moral and agricultural improvement. The proceeds of all lands that have been or hereafter may be granted by the United States to this State, for the support of schools, which shall hereafter be sold or disposed of, and the five hundred thousand acres of land granted to the new States, under an act of Congress, distributing the proceeds of the public lands among the several States of the Union, approved A. D. 1841, and all estates of deceased persons, who may have died without leaving a will, or heir ; and also such per cent, as may be granted by Congress on the sale of lands in this State, shall be and remain a perpetual imiA, the interest of which, together with all the rents of the unsold lands, and such other means as the General Assembly may provide, shall be inviolably appropriated to the support of common schools throughout the State. 3. The General Assembly shall provide for a system of common schools, b}' which a school shall be kept up and supported in each school district, at least three months in every year; and any school district neglecting to keep up and support such a school may be deprived of its proportion of the interest of the public fund during such neglect. 4. The money which shall be paid by persons as an equivalent for exemp- tion from military duty, and the clear proceeds of all fines collected in the sev- eral counties for any breach of the penal laws, shall be exclusive!)'- applied, in ■the several counties in which such money is paid or fine collected, among the several school districts of said counties, in the proportion to the number of inhabitants in such districts, to the support of common schools, or the estab- lishment of libraries, as the General Assembly shall, from time to time, pro- vide by law. 5. The General Assembly shall take ^neasures for the protection, improve- ment, or other disposition of such lanLs as have been or may hereafter be re- served or granted by the United States, or any person or persons, to this State, for the use of a 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 hereafter demand, for the promotion of literature, the arts and sciences, as may be au- thorized by the terms of such grant. And it shall be the duty of the General I IOWA. 515 Assembly, as soon as may be, to provide effectual means for the improvemeni and permanent security of the funds of said university. ARTICLE XI. — Atthendments of tke CmistHndioii. If, at any time, the General Assembly shall thirik it necessary to revise or amend this Constitution, they shall provide by law for a vote of the people for or against a convention, at the next ensuing election for members of the General Assembly ; in case a majority of the people vote in favor of a conven- tion, said General Assembly shall provide for an election of delegates to a convention, to be held within six months after the vote of the people in favor thereof. ARTICLE yiil.—Miscella'neous. Sec. 1. The jurisdiction of justices of the peace shall extend to all civil cases (except cases in chancery and cases where the question of title to any real estate may arise), where the amount in controversy does not exceed one hun- dred dollars, and by the consent of parties may be extended to any amount not exceeding iive hundred dollars. 2. No new county shall be laid off hereafter, nor old cotmty reduced, to less contents than four hundred and thirty-two square miles. 3. The General Assembly shall not locate any of the public lands, which have been or may be granted by Congress to this State, and the location of which may be given to the General Assembly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occu- pant so exempted shall not exceed thi-ee hundred and twenty acres. WISCONSIN. 4 The first settlement, in this state, was made at Green Bay, by the FreDch. in the year 1670. In 1819, it was effectually explored by General Cass, then governor of the territory of Michigan. In 1838, the population was less than 10,000. In 1850, it was 304,226. About two-thirds of the inhabitants are from New England and New York, and the rest from different states of the Union, and different countries of Europe. They are well educated, industrious, order-loving, law-abiding, people, among whom idleness and want are unknown. The territory was under the government of France till 1763 ; of Great Britain, till 1794 ; of Ohio, till 1800 ; of Indiana, till 1809 ; of Illinois, tiU 1818 ; of JVIichi- gan, till 1836 ; was under a territorial government tiU 1848, when, as a state, Wisconsin took her place in the confederacy of the states. The state owes not a dollar ; and by her constitution, she is inhibited from ever owing at any time more than |100,000. At an expense of about §100,000 Ehe is uniting Lake Michigan and the Mississippi Eiver, giving her an uninter- rupted internal navigation of about three hundred miles through the heart of the state. Then with a short canal, uniting the St. Croix River with Lake Superior, and mth a canal around the Falls of St. Maiy, (which must soon be made,) she will have navigable water on three sides, and through the middle of her terri- tory. Then she can choose her market at New Orleans, Quebec or New York ; and will very soon be ready to welcome, with one hand, the hardy immigrant, on the majestic steamers, from the east, and with the other, the China trader on the cars thundering from the Pacific to the Mississippi on the west. In fertility of soil, exhaustless water-power, and salubrity of climate, this state is not surpassed ; and for commercial, educational, religious, and social advan- tages, present, and prospective but sure, no state in the Union, no place in the world, to the settler, offers greater inducements than the oew state of "Wisconsin It comprises about 57,000 square miles, or about 36,000,000 of acres. One thirty-sixth part of this, with an addition of 500,000 acres, is inviolably devoted to the cause of common schools. Besides this, the amount of 46,080 acres, to be selected by the state, is given for a permanent University fund. WISCONSIN. 517 CONSTITUTION. PREAMBLE. We, the people of Wisconsin, grateful to Almighty God for our freedom, in order to secure its blessings, form a more perfect goyernment, ensure domestic tranquilKty, and promote the general welfare, do establish tliis constitution. ARTICLE I. — Declaration of Rights. Sec. 1. All men are born equally free and independent, and have certain inherent rights: among these are Ufe, hberty, and the pursuit of happiness. To secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. 2. There shall be neither slavery nor involuntary servitude in this state, other- wise than for the punishment of crime, whereof the party shall have been duly convicted. 3. Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right ; and no laws shall be passed to restrain or abridge the hberty of speech or of the press. In all criminal prosecutions or indictments for libel, the truth may be given in evidence ; and if it shall appear to the jmy that the matter charged as libellous be true, and was pubhshed with good motives and for justifiable ends, the party shall be acquitted ; and the juiy shall have the right to determine the law and the fact. 4. The right of the people peaceably to assemble to consult for the common good, and to petition the government, or any department thereof, shall never be abridged. 5. The right of trial by jury shall remain mviolate ; and shall extend to all cases at law, without regard to the amount in controversy ; but a jury trial may be waived by the parties in all cases, in the manner prescribed by law. 6. Excessive bail shall not be required ; nor shall excessive fines be imposed ; uor shall cruel and imusual punishments be inflicted. Y. In all criminal prosecutions, the accused shall enjoy the 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 to compel the attendance of witnesses in his behalf: and in prosecutions by indict- ment or information, to a speedy pubhc trial by an impartial jmy of the countv or district wherein the offence shall have been committed, which county or dis- trict shall have been previously ascertained by law. 8. No person shall be held to answer for a criminal offence, unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia when in actual service in time of war or public danger ; and no per- son for the same offence shall be put twice in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself. All persons shall before conviction be bailable by sufficient sureties, except for capital offen- ces, when the proof is evident or the presumption great ; and the privilege of the writ of habeas coi-pus shall not be suspended unless when, in case of rebellion or invasion, the pubhc safety may require. 9. Every person is entitled to a certam remedy in the laws, for aU injuries or wrongs which he may receive in his person, property, or character ; he ought to obtain justice freely, and without being obliged to purchase it ; completely and without denial, promptly and without delay, conformably to the laws. 10. Treason against the state shall consist only in levying war against the same, or in adliering to its enemies, giving them aid and comfort. No person 518 CONSTITUTION OF shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. 11. The right of people to be secui-e in their persons, houses, papers, ahd 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 persons or things to be seized. 12. No bill of attainder, ex post facto law, nor any law impairing the obli- gation of contracts, shall ever be passed ; and no conviction shall work corruption of blood or forfeitm-e of estate. ] 3. The property of no person shall be taken for public use, without just compensation therefor. 14. All lands within the state are declared to be allodial ; and feudal tenures are prohibited. Leases and grants of agricultural land, for a longer term than fifteen years, in which rent or service of any kind shall be reserved, and aU fines and like restraints upon alienation, reserved in any grant of land, hereafter made, are declared to be void. 15. 1^0 distinction shall ever be made by law between resident aliens and citizens, in reference to the possession, enjoyment, or descent of property. 16. No person shall be imprisoned for debt arising out of or founded on a contract, expressed or implied. 17. The privilege of the debtor to enjoy the necessary comforts of life, shall be recognised by wholesome laws, exempting a reasonable amount of property from seizure or sale, for the payment of any debt or liability hereafter contracted. 18. The right of every man to worship Almighty God according to the dic- tates of his own conscience, shall never be infringed ; nor shall any man be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent. Nor shall any control of, or interference with the rights of conscience, be permitted, or any preference be given by law to any religious establishments or modes of worship. Nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries. 19. No religious tests shall ever be required as a qualification for any office of pubhc trust under the state ; and no person shall be rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion. 20. The mihtary shall be in strict subordination to the civil power. 21. "Writs of error shall never be prohibited by law. 22. The blessings of a free government can only be maintained by a firm adlierence to justice, moderation, temperance, frugaUty, and virtue, and by fre- quent recurrence to fundamental principles. ARTICLE II.— Boundaries. Sec. 1. It is hereby ordained and declared, that the State of "Wisconsin doth consent and accept of the boundaries prescribed in the act of congress entitled, " An act to enable the people of "Wisconsin territory to form a constitution and state government, and for the admission of such state into the Union," approved August sixth, one thousand eight hundred and forty-six, to wit : Beginning at the north-east corner of the state of Illinois, that is to say, at a point in the centre of lake Michigan where the line of forty-two degrees and thirty minutes of north latitude crosses the same ; thence, running with the boundary line of the state of Michigan, through lake Michigan, Green Bay, to the mouth of Menomonee river ; thence up the channel of the said river to the Brule river ; thence up said last-mentioned river to lake Brule ; thence along the southern shore of lalje Brule, in a direct line, to the centre of the charmel between Middle and South island, in the lake of the Desert ; thence in a direct line to the head waters of the Montreal river, as marked upon the survey made by Captain Cram ; thence IJ WISCONSIN. 519 down the main channel of the Montreal river to the middle of lake Superior ; thence thi'ough the centre of lake Superior to the mouth of the St. Louis river; thence up the main channel of said river, 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 ; thence down the main channel of said river to the Mississippi ; thence down the centre of the main channel of that river to the north-west corner of the state of Illinois ; thence due east with the northern boundary of the state of Illinois, to the place of beginning, as estabhshed by " an act to enable the people of tlie Illinois teri'itory to form a constitution and state government, and for the admission of such state into the Union on an equal 'footing with the original states," approved April 18th, 1818. Provided, however, That the following alteration of the aforesaid boundary be, and hereby is, pro- posed to the congress of the United States as the preference of the state of Wis- consin ; and if the same shall be assented and agreed to by the congress of the United States, then the same shall be and for ever remain obligatory on the state of Wisconsin, viz : Leaving the aforesaid boundary line at the foot of the rapids of the St. Louis river ; thence in a dii-ect line, bearing south-westerly to the mouth of the Iskodewabo, or Rum river, where the same empties into tlie Mississippi river ; thence down the main channel of the said Mississippi river, as prescribed in the aforesaid boundary. 2. The propositions contained hi the act of congress are hereby accepted, ratified, and confirmed, and shall remain u-revocable without the consent of tlie United States ; and it is herebj^ ordained, that tliis state shall never interfere with the primary disposal of the soil within the same, by the United States, nor with any regulations congress may find necessary for securing tlie title in such soil to bona fide pui'chasers thereof; and no tax shall be imposed on laud, the property of the United States ; and in no case shall non-resident proprietors be taxed higher than residents. Provided, That nothing in this constitution, or in the act of congress aforesaid, shall in any manner prejudice or affect the right of the state of Wisconsin to five hmidred thousand acres of land granted to said state, and to be hereafter selected and located, by, and under the act of congress, entitled, " an act to appropriate the proceeds of the sales of the public lands, and grant pre-emption rights," approved September fourth, one thousand eight hundred and forty-one. ARTICLE Til.— Suffrage. Sec. 1. Every male person of the age of twenty-one years or upwards, belong ing to either of the followmg classes, who shall have resided in the state for one year next preceding any election, shall be deemed a qualified elector at such election : 1st. White citizens of the United States. 2d. Wliite persons of foreign birth, who shall have declared their intention to }>ecome citizens, conformably to the laws of the United States on the subject of iiaturahzation. 3d. Persons of Indian blood, who have once been declared by law of congress t.0 be citizens of the United States, any subsequent law of congress to the con- trary notwithstanding. 4th. Civihzed persons of Indian descent, not members of any tribe. Provided, That the legislature may at any time extend by law the right of suffrage to per- sons not herein enumerated ; but no such law shall be in force imtil the same shall have been submitted to a vote of the people at a general election, and approved by a majority of all the votes cast at such election. 2. No person under guardianship, non compos mentis, or insane, shall be quali- fied to vote at any election ; nor shall any person convicted of treason or felony, be qualified to vote at any election, unless restored to ci\Tl rights. 3. All votes shall be given by ballot, except for such townsliip officers as may by law be directed or allowed to be otherwise clioseo. 39 520 CONSTITUTION ^F 4. No person shall be deemed to have lost his residence in this state by rea- W>n of his absence on business of the United States or of this state. 5. No soldier, seaman, or marine, in the army or navy of the United States, shall be deemed a resident of this state in consequence of being stationed within the same. 6. Laws may be passed excluding from the right of suffrage all persons who have been or may be convicted of bribery or larceny, or of any infamous crime, and depriving every person who shall make, or become directly or indirectly in- terested in any bet or wager depending upon the result of any election, from the right to vote at such election. ARTICLE lY.— Legislative. Sec. 1. The legislative power shall be vested in a senate and assembly. 2. The number of the members of the assembly shall never be less than fifty-four, nor more than one hundred. The senate shall consist of a number not more than one-tliird, nor less than one-fourth of the number of the members of the assembly. 3. The legislature shall provide by law for an enumeration of the inhabitants of the state, in the year one thousand eight hundred and fifty-five, and at the end of every ten years thereafter ; and at their first session after such enumeration, and also after each enumeration made by the authority of the United States, the legislature shall apportion and district anew the members of the senate and as- sembly, according to the number of inhabitants, excluding Indians not taxed, and soldiers and officers of the United States ajmy and navy. 4. The members of the assembly sha.ll bo chosen annually by single districts on the Tuesday succeeding the first Monday of November, by the qualified elec- tors of the several districts, such districts to be bounded by county, precinct, town, or ward lines, to consist of contiguous territory, and be in as compact form as practicable. 5. The senators shall be chosen by single districts of convenient contiguous territory, at the same time and in the same manner as members of the assembly are required to be chosen, and no assembly district shall be divided in the for- mation of a senate district. The senate districts shall be numbered in regular peries, and the senators chosen by the odd numbered districts shall go out of of- fice at the expiration of the first year, and the senators chosen by the even num- bered districts shall go out of office at the expiration of the second year, and thereafter the senators shall be chosen for the term of two years. 6. No person shall be eligible to the legislature who shall not have resided one year within the state, and be a qualified elector in the district wliich he may be chosen to represent. 7. Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority ot each shall constitute a quorum to do busi- ness ; but a smaller number may adjourn from day to day, and maj' compel the attendance of absent members in such manner and under such penalties as each hoHse may provide. 8. Each house may determine the rules of its own proceedings, punish for contempt and disorderly behavior, and, with the concurrence of two-thirds of c-.ll tlie members elected, expel a member ; but no member shall be expelled a sec- ond time for the same cause. 9. Each house shall choose its own officers, and the senate shall choose a tem- porary president, when the lieutenant-governor shall not attend as president, or shall act as governor. 10. Each house shall keep a journal of its proceedings, and publish the same, except such parts as require secrecy. The doors of each house shall be kept open except when the public wolfare shall require seci-ecy. Neither house shall, stithout consent of the other, adjom-n for more tlKUi tlii'ee days. 11. The leficislature shall meet at die seat of governnient. at such tinie r« WISCONSIN. 521 ehall be provided by law, once in each year, and not oftener, unless convened by the governor. 12. No member of the legislature shall, dm-ing the term for which he was elected, be appointed or elected to any civil office in the state, which shall have been created or the emoluments of which shall have been increased during the tenn for which he was elected. 13. No person being a member of congress, or holding any military or civil office under the United States, shall be ehgible to a seat in the legislatm-e ; and if any person shall, after liis election as a member of the legislatui'e, be elected to congress, or be appointed to any office, civil or military, under the govern- ment of the United States, his acceptance thereof shall vacate his seat. 14. The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislatm-e. 15. Members of the legislature shall in all cases except treason, felony, and breach of the peace, be privileged from arrest, nor shall they 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. 16. No member of the legislature sliall be liable in any civil action or crimi- nal prosecution "w^liatever, for words spoken in debate. 17. Tlie style of the laws of the state shall be, "The people of the state of Wisconsin represented in senate and assembly, do enact as follows ;" and no law shall be enacted except by bill 18. No private or local bill, which may be passed by the legislature, shall embrace more than one subject, and that shall be expressed in the title. 19. Any bill may originate in either house of the legislature, and a bill passed by one house may be amended by the other. 20. The yeas and nays of the members of eitlier house, on any question, shall at the request of one-sixth of those present, be entered on the journal. 21. Each member of the legislatiu-e shall receive for his services, two dollars and fifty cents for each day's attendance during the session, and ten cents for every mile he shall travel in going to and returning fi-om the place of the meet ■ ing of the legislature, on the most usual route. 22. The legislature may confer upon the boards of supervisors of the several counties of tlie state, such powers of a local, legislative, and administrative char- acter, as they shall from time to time prescribe. 23. The legislature shall estabhsh but one system of town and county govern- ment, which shall be as nearly imiform as practicable. 24. The legislature shall never authorize any lottery, or grant any divorce. 25. The legislature shall provide by law, that all stationery required for the use of the state, and all printing authorized and required by them to be done for their use, or for the state, shall be let by contract to the lowest bidder ; but the legislature may establish a maximum price. No member of the legislature, or other state officer, shall be interested, either directly or indirectly, in any such contract. 26. The legislature shall never grant any extra compensation to any pubhc officer, agent, servant, or contractor, after the services shall have been rendered or the contract entered into. Nor shall the compensation of any pubUc officer be increased or diminished during his term of office. 27. The legislature shall direct by law, in what manner and in what courts suits may be brought against the state. 28. Members of the legislature and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe an oath or affirmation to support the Constitution of the United States, and the Constitution of the state of Wisconsin, and faithfully to discharge the duties of their respective offices to the best of their ability. 29. The legislature shall determine what persons shall constitute the mUitia 522 CONSTITUTION OF of the state, and may provide for organizing and disciplining the same in such manner as shall be prescribed by la^w. 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. ARTICLE Y.— Executive. Seo. 1. The executive power shall be vested in a governor, who shall hold hia office for two years. A lieutenant-governor shall be elected at the same time, and for the same term. 2. No person, except a citizen of the United States, and a qualified elector of the state, shall be eligible to the office of governor, or lieutenant-governor. 3. The governor and lieutenant-governor shall be elected by the qualified elec- tors of the state, at the times and places of choosing members of the legislature. The persons respectively having the highest number of votes for governor and lieutenant-governor, shall be elected. But in case two or more shall have an equal and the highest number of votes for governoi- or lieutenant-governor, the two houses of the legislature, at its next annual session, shall forthwith, by jomt ballot, choose one of the persons so having an equal and the highest number of votes for governor or lieutenant-governor. The returns of election for governor and lieutenant-governor, shall be made in such 'manner as shall be provided by law. 4. The governor shall be commander-in-chief of the military and naval forces of the state. He shall have power to convene the legislature on extraordinary occasions ; and in case of invasion, or danger from the prevalence of contagious disease at the seat of government, he may convene them at any other suitable place within the state. He shall communicate to the legislature, at every session, the condition of the state, and recommend such matters to them for their con- sideration, as he may deem expedient. He shall transact all necessary business with the officers of the government, civil and military. He shall expedite all 8uch measm-es as may be resolved upon by the legislature, and shall take care that the laws be faithfully executed. 5. The governor shall receive during his continuance in office, an annual com- pensation of one thousand two hundred and fifty dollars. 6. The governor shall have power to grant reprieves, commutations, and par- dons, after conviction, for all offences except treason and cases of impeachment, upon such conditions and with such restrictions and Umitations as he may think proper, subject to such regulations as may be provided by law relative to the mauner 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 legislature at its next meeting, when the legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a fur- tlier reprieve. He shall annually communicate to the legislatm-e each case of reprieve, commutation, or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon, or reprieve, with his reasons for granting the same. 7. In case of the impeachment of the governor, or his removal from office, death, inabihty from mental or physical disease, resignation, or absence from the etate, the powers and duties of the office shall devolve upon the heutenant- governor, for the residue of the term, or vmtil the governor, absent or impeached, shall have retvu-ned, or the disability shall cease. But when the governor shall, with the consent of the legislature, be out of the state in time of war, at the head of the military force thereof, he shaU continue commander-in-chief of the mQitary force of the state. 8. The lieutenant-governor shall be president of the senate, but shall have only a casting vote therein. If, during a vacancy in the office of governor, the lieutenant-governor shall be impeached, displaced, resign, die, or from mental or physical disease become incapable of performing the duties of his office, or bo WISCONSIN. 523 absent from the state, the secretary of state shall act as governor until the va- cancy shall be fiUed, or the disability shall cease. 9. The lieutenant-governor shall receive double the per diem allowance of members of the senate, for every day's attendance as president of the senate, and the same mileage as shall be allowed to members of the legislature. 10. Every biU which shall have passed the legislature, shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it ; but if not, he shall retmrn it, with his objections, to that house in which it shall have orig- inated, who shall enter the objections at large upon the journal, and proceed to re-consider it. If, after such re-consideration, two-thirds of the members pres- ent shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be re-considered, and if approved by two-tlurds of the members present, it shall become a law. But ui all such ca- ses, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill, shall bo entered on the journal of each house respectively. If any bill shall not be returned by the gov- ernor witliin three days (Sundays excepted) after it shall have been presented to him, the same shall be a law, unless the legislature shall, by tl eir adjourn- ment, prevent its retm-n ; in which case it shall not be a law. ARTICLE YL— Administrative. 1. There shall be chosen by the qualified electors of the state, at the times and places of choosing the members of the legislature, a secretary oC state, trea- surer, and an attorney-general, who shall severally hold their offices for the term of two years. 2. The secretary of state shaU keep a fair record of the official acts of the legislature and executive depai-tment of the state, and shall, when required, lay the same and all matters relative thereto before either branch of the legislature. He shall be ex-officio auditor, and shaU perform such other duties as shall be assigned him by law. He shall receive as a compensation for his services, year- ly, such sum as shall be provided by law, and shall keep his office at the seat of government. 3. The powers, duties, and compensation of the treasurer and attorney-gene- ral shall be prescribed by law. 4. Sheriffs, coroners, registers of deeds, and district-attorneys sliall be chosen by the electors of the respective counties, once in every two years, and as often as vacancies shall happen. Sheriffs shall hold no other office, and be ineligible for two years nest succeeding the termination of their offices. They may be required by law to renew their secm'ity from time to time ; and in default of giving such new secm-ity, their offices shall be deemed vacant. But the comity shall never be made responsible for acts of the sheriff. The governor may re- move any officer m this section mention'ed, giving to such officer a copy of the charges against him, and an opportunity of being heard in his defence. ARTICLE Yll.— Judiciary. Sec 1. The court for the ti-ial of impeachments shall be composed of the sen- ate. The house of representatives shall have tlie power of impeaching all civil officers of this state, for con-upt conduct in office, or for crimes and misdemean- ors; but a majority of all the members elected shall concur in an impeachment. On the trial of an impeachiuent against the governor, the Heutenant-governor shall not act as a member of the comi. ISTo judicial officer shall exercise his office after he shall have been unpeached, until his acquittal. Before the trial of an impeachment, the members of the court shall take an oath or affirmation tnily and impartially to try the impeaclunent, according to evidence ; and no person shall be con\icted without the concurrence of two-tlurds of the members present. Judgment ui cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold any office 624 CONSTITUTION OF of honor, profit, or trust under the state ; but the party impeached shall be lia ble to indictment, trial, and punishment, according to law. 2. The judicial power of this state, both as to matters of law and eqmty, shall be vested in a supreme court, chcuit com'ts, courts of probate, and injustices ol the peace. The iegislature may also vest such jurisdiction as shall be deemed necessary in municipal courts, and shall have power to establish inferior courts in the several counties, with limited civil and criminal jurisdiction. Provided, That tlie jurisdiction which may be vested in municipal com-ts shaU not exceed, in tlieir respective municipahties, that of civil courts in then- respective cu-cuits, as prescribed in this constitution : and that the legislature shall provide as well for the election of judges of the municipal courts as of the judges of inferior com-ts, by the qualilied electors of the resjjective jurisdictions. The term of office of the judges of the said municipal and inferior com-ts shall not be longer than that of the judges of the circuit com-t. 3. The supreme com-t, except in cases otherwise provided in this constitution, shaU have appellate jurisdiction only, which shall be co-extensive witli the state ; but in no case removed to the supreme com-t, shall a trial by jury be allowed. The supreme court shall have a general superintending control over all inferior com-ts ; it shall have power to issue writs of habeas corpus, mandamus, injunc- tion, quo warranto, certiorari, and other original and remedial writs, and to hear and determine the same. 4. For the term of five years, and thereafter, until the legislature shall other wise provide, tlie judges of the several circuit courts shall be judges of the su- preme court, fo-iu- of wliom shall constitute a quorum, and the concurrence of a majority of the judges jjresent sliall be necessary to a decision. The legislatm-e shall have power, if they sliould think it exjDcdient and necessary, to provide by law for the organization of a separate supreme court, with the jurisdiction and powers prescribed in this constitution, to consist of one chief justice and two asso ciate justices, to be elected by the qualified electors of the state, at such time and in such manner as the legislatm-e may provide. Tlie separate supreme com-t, when so organized, shall not be changed or discontinued by the legisla- tm-e ; the judges thereof shall be so classified that but one of them shall go out of office at the same time, and then- term of office shall be the same ns is pro- vided for the judges of the circuit court. And whenever the legislature may consider it necessary to establish a separate supreme court, they shall have power to reduce the number of circuit court judges to four, and subdivide tlje ju- dicial circuits, but no such subdivision or reduction shall take eff"ect until after the expiration of the term of some one of the said judges, or till a vacancy occur by some other means. 5. The state shall be divided into five judicial cu-cuits, to be composed as fol- lows : The first chcuit shall comprise the counties of Racine, Walworth, Rock, and Green. The second cn-cuit, the counties of ililwaukee, Waukesha, Jeft'er- Bon, and Dane. The tliird circuit, tlie counties of V/ashington, Dodge, Columbia, Marquette, Sauk, and Portage. The fourth circuit, the counties of Brown, Mani- towoc, Sheboygan, Fond du Lac, Winnebago, and Calumet. And the fifth ch- cuit shall comprise the counties of Iowa, La Fayette, Grant, Crawford, and St. Croix ; and the comity of Richland shall be attached to Iowa, the county of Chippewa to the county of Crawford, and the county of La Pointe to the county of St. Croix, for judicial purposes, until otherwise provided by the legislature. 6. The legislatm'e may alter the limits, or increase the number of chcuits, makmg them as compact and convenient as practicable, and bounding them by county lines ; but no such alteration or increase shall have the eft'ect to remove a judge from office. In case of an increase of circuits, the judge or judges shall be elected as provided in this constitution, and receive a salary not less than tliat herein provided for judges of the chcuit com-t. 1. For each circuit there shall be a judge chosen by the qualified electors there- in, who shall hold Ins office as is provided in this constitution, and imtil his sue- WISCONSIN. 525 cessor shall be chosen and qualified ; and after he shall have been elected, h-' shall reside in the circuit for which he was elected. One of said judges shall be designated as chief justice, in such manner as the legislatui'e shall provide. And the legislature shall, at its fii-st session, provide by law, as well for the election of, as for classifying, the judges of the circuit comt, to be elected under this Con- stitution, in such manner that one of said judges shall go out of office in two years, one in three years, one in four years, one in five years, and one in six years, and thereafter the judge elected to fill the office shall hold the same for six years. 8. The circuit courts shall have origmal jm-isdiction in all matfeu-s, civil and criminal, within this state, not excepted in this constitution, and not hereafter prohibited by law, an appellate jurisdiction fi-om all inferior courts and tribunals, and a supervisory control over the same. They shall also have the power to is- sue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and all other writs necessary to carry into effect their orders, judgments, and decrees, and give them a general control over inferior com'ts and jurisdictions. 9. When a vacancy shall happen in the office of judge of the supreme or cir- cuit eom-ts, such vacancy shall be filled by an appointment of the governor, which shall continue until a successor is elected and quaUfied ; and when elected, such successor shall hold his office the residue of the unexpired term. There shall be no election for a judge or judges at any general election for state or county offi- cers, nor within thirty days either before or after such election. 10. Each of the judges of the supreme and circuit courts shall receive a sal- ary, payable quarterly, of not less than one thousand five hundred dollars annu- ally ; they shall receive no fees of office, or other compensation than their sala- ries ; they shall hold uo office of pubhc trust, except a judicial office, during the tei-m for which they are respectively elected, and all votes for either of them, for any office except a judicial office, given by the legislature or the people, shall be void. No person shall be eligible to the office of judge, who shall not, at the time of his election, be a citizen of the United States, and have attained the age of twenty-five years, and be a quahfied elector within the jurisdiction for which he may be chosen. 11. The supreme court shall hold at least one term annually, at the seat of government of the state, at such time as shall be pro\'ided by law, and the leg- islatm-e may provide for holding other terms, and at other places, when they may deem it necessary. A chcuit court shall be held at least twice in each year, in each county of tliis state, organized for judicial piu-poses. The judges of the circuit court may hold courts for each othei', and shall do so when requir- ed by law. 12. There shall be a clerk of the circuit com-t chosen in each county organized for judicial purposes, by the qualified electors thereof, who shall hold his office for two years, subject to removal as shall be provided by law. In case of a va- cancy, the judge of the circuit court shall have the power to appoint a clerk, until the vacancy shall be filled by an election. The clerk thus elected or ap- pointed, shall give such security as the legislature may require ; and when elect- ed, shall hold his office for a full term. The supreme court shall appoint its own clerk, and the clerk of a circuit court may be appointed clerk of the supreme court. 13. Any judge of the supreme or circuit court may be removed fi-om office by address of both houses of the legislature, if two-thnds of all the members elected to each house, concur therein ; but no removal shall be made by virtue of this section, unless the judge complained of shall have been served with a copy of the ch.arges against liim, as the ground of address, and shall have had an opportunity of being heard in his defence. On the question of removal, the ayes and noes shall be entered on the journals. 14. There shall be chosen in each comity by the qualified electors thereof, a judge of probate, who shall hold his office for two years, and irntU his succesBC* 526 CONSTITUTION OF shall be elected and qualified, and whose jurisdiction, powers, and duties, shall be prescribed bj law : Provided, however, That the legislature shall hare power to abolish the office of judge of probate in any county, and to confer probate powers upon such inferior courts as may be established in said county. 15. The electors of the several towns, at their annual town meetings, and the electors of cities and villages, at their charter elections, shall in such manner aa the legislature may direct, elect justices of the peace, whose term of office shall be for two years, and until their successors in office shall be elected and quali- fied. In case of an election to fill a vacancy occurring before the expiration of a full term, the justice elected shall hold for the residue of the unexpired term. Their number and classification shall be regulated by law. And the tenure of two years shall in nowise interfere with the classification in the first instance. The justices thus elected, shall have such civU and criminal jui-isdiction as shall be prescribed by law. 16. The legislatm-e shall pass laws for the regulation of tribunals of concilia- tion, defining their powers and duties. Such tribunals may be established in and for any township, and shall have power to render judgment, to be obligatory on the parties, when they shall voluntarily submit their matter in diff^erence to arbitration, and agi'ee to abide the judgment, or assent thereto in writing. 17. The style of all writs and process shall be, " The state of Wisconsin." All criminal prosecutions shall be cariied on in the name and by the authority of the same ; and all indictments shall conclude, against the peace and dignity of the state. 18. The legislature shall impose a tax on all civil suits commenced or prose euted in the municipal, inferior, or circuit courts, which shall constitute a fund to be applied toward the payment of the salary of judges. 19. The testimony in causes in equity, shall be taken in like manner as in ca ses at law ; and the office of master in chancery, is hereby prohibited. 20. Any suitor in any court of this state, shall have the right to pro-ecute or defend his suit either in his own proper person or by an attorney or agent of his choice. 21. The legislature shall provide by law for the speedy publication of all stat- ute laws, and of such judicial decisions made witliin the state, as may be deem- ed expedient. And no general law shall be in force until published. 22. The legislature at its first session after the adoption of this constitution, shall provide for the appointment of three commissioners, who^e duty it shall be to inquu-e into, revise and simplify the rules of practice, pleadings, forms, and proceedings, and arrange a system adapted to the courts of record of this state, and report the same to the legislature, subject to their modification and adop- tion ; and such commission shall terminate upon the rendering of the report, un- less otherwise provided by law. 23. The legislature may provide for the appointment of one or more persons in each organized county, and may vest in such persons such judicial powers as sliaU be prescribed by law : Provided, That said power shall not exceed that of a judge of the chcuit court at chambers. ARTICLE Ylll.— Finance. Sec. 1. The rule of taxation shall be uniform, and taxes shall be levied upon such property as the legislatm-e shall prescribe. 2. ISTo money shall be paid out of the treasury, except in pursuance of an ap- propriation by law. 3. The credit of the state shall never be given or loaned in aid of any individ- ual, association, or corporation. 4. The state shall never contract any public debt, except in the cases and manner herein provided. 5. The legislature shall provide for an annual tax sufficient to defray tlie esti- mated expenses of the state for each year ; and whenever the expenses of any vvlsco^^sIN. 527 year shall exceed the income, the legislature shall provide for levying a tax for the ensuing year, sufficient with other sources of income, to pay the deficiency, as "well as tlie estimated expenses of such ensuing year. 6. For the piupose of defraying extraordinary expenditures, the state may contract public debts ; but such debts shall never in tlie aggregate exceed one h^mdred thousand dollars. Every such debt shall be authorized by law, for some purpose or purposes to be distinctly specified therein ; and tlie vote of a major- ity of all the members elected to each house, to be taken by yeas and nays, shall be neeessaiy to the passage of such law ; and every such law shall provide for lev}'ing an annual tax sufficient to pay the annual interest of such debt, and the principal withhi five years from the passage of such law, and shall specially appropriate the proceeds of such taxes to the payment of such principal and in- terest ; and such appropriation shall not be repealed, nor the taxes be postconed or diminished until the principal and interest of such debt shall have been wholly paid. 7. The legislature may also borrow money to repel invasion, suppress insuixec- (ion, or defend the state in time of war ; but the money thus raised shall be ap- plied exclusively to the object for wliich the loan was authorized, or to the re- payment of the debt thereby created. 8. On the passage in either house of the legislature, of any law which imposes, continues, or renews a tax, or creates a debt or charge, or makes, continues, or renews an appropriation of public or trust money, or releases, discharges, or commutes a claim or demand of the state, the question shall be taken by yeas and nays, wliich shall be duly entered on the jom'nal ; and three-fifths of all the members elected to such house, shall in aR such cases be requhed to constitute a quorum therein. 9. No scrip, certificate, or other evidence of state debt whatsoever, shall be issued, except for such debts as are authorized by the sixth and seventh sections of this article. 10. The state shall never contract any debt for works of internal improvement, or be a party in carrying on such works ; but whenever grants of land or other property shall have been made to the state, especially dedicated by the grant to particular works of internal improvement, the state may carry on such par- ticular works, and shall devote thereto the avails of such grants, and may pledge or appropriate the revenues derived from such works in aid of their completion. ARTICLE IX. — Eminent Domain and Froperfy of the State. Sec. 1. The state shall have concurrent jurisdiction on all rivers and lakes bordering on this state, so far as such rivers or lakes shall form a common boun- dary to the state and any other state or territory now or hereafter to be formed and bounded by the same. And the river Mississippi and the navigable waters leading into the Mississippi and St. Lawrence, and the canying places between the same, shall be common highways, and forever free as well to the inhabitants of the state, as to the citizens of the United States, without any tax, impost, or duty therefor. 2. The title to all lands and other property which have accrued to the ten'i- tory of Wisconsin, by grant, gift, pm-chase, forfeiture, escheat, or otherwise, shall vest in the state of "Wisconsin. 3. Tlie people of the state in their right of sovereignty, are declared to pos- sess the ultimate property in and to all lands within the jmisdiction of the state ; and all lands, the title to which shall fail from a defect of heirs, shall revert, or escheat to the people. ARTICLE X.— Education. Sec. 1. The supervision of public instruction shall be vested in a state super- intendent, and such other officers as the legislature shall direct. Tlie state super- intendent shall be chosen by the qualified electors of the state, in such manner 528 CONSTITUTION OF as the legislature shall provide ; his powers, duties, and compensation shall be preso'ibed by law. Provided, That his compensation shall not exceed the sum of twelve hundred dollars annually. 2. The proceeds of all lands that have been or hereafter may be granted by the United States to tliis state, for educational pm-poses, (except the lands here- tofore granted for the purposes of a university,) and all moneys and the clear proceeds of all property that may accrue to the state by forfeiture or escheat, and all moneys wliich may be paid as an equivalent for exemption from military duty, and the clear proceeds of all fines coUeeted in the several counties for any breach of the penal laws, and all moneys arising from any grant to the state, where the purposes of such grant are not specified, and the five hundi'ed thousand acres of land to which the state is entitled by the provisions of an act of congress entitled, " an act to appropriate the proceeds of the sales of the public lands, and to grant pre-emption rights," approved the fourth day of September, one thousand eight huncked and forty-one, and also the five per centum of the nett proceeds of the public lands to which the state shall become entitled on lier admission into the Union, (if congress shall consent to such appropriation of the two grants last mentioned,) shall be set apart as a separate fund, to be called the school fund, the interest of whicli, and all other revenues derived from the school lands, shall be exclusively applied to the following objects, to wit : 1st. To the support and maintenance of common schools in each school district, and the purchase of suitable libraries and apparatus therefor. 2d. The residue shall be appropriated to the support and maintenance of academies and normal schools, and suitable hbraries and apparatus therefor. 3. The legislature shall provide by law for the establishment of district schools, whicli shall be as nearly uniform as practicable; and such schools shaU be free and witliout charge for tuition to all cliildren between the ages of four and twenty years ; and no sectarian instruction shall be allowed therein. 4. Each town and city shall be required to raise by tax, annually, for the support of common schools tlierein, a sum not less than one-half the amount received by such town or city respectively for school pm-poses, ti-om the income of the school fund. 5. Provision shall be made by laAv for the distribution of the income of the school fund among the several towns and cities of the state, for the support of common schools therein, in some just proportion to the mmiber of children and youth resident therein, between the ages of four and twenty years ; and no appropriation shall be made from the school fund to any city or town, for the year in which said city or town shall fail to I'aise such tax, nor to any school district for the year in which a school shall not be maintained at least three months. 6. Provision shall be made by law for the establishment of a state university, at or near the seat of the .state government, and for connecting with the same fi-om time to time such colleges in different parts of the state, as the interests of education may require. The proceeds of all lands that have been or may here- after be granted by the United States to the state for the support of a univer- sity, shall be and remain a perpetual fund, to be called the " university fund," the interest of which shall be appropriated to the support of the state university ; and no sectarian instruction shall be allowed in such university. 7. The secretary of state, treasurer, and attorney-general, shall constitute a boai'd of commissioners for the sale of the school and university lands, and for the investment of the funds arising therefrom. Any two of said commissioners shall be a quorurii for the transaction of all business pertaining to the duties of their office. 8. Provision shall be made by law for the sale of all school and m:iiversity lands, after they shall have been appraised ; and when any portion of such lands sliall be sold, and the purchase money shall not be paid at the time of the Bale, the commissioners shall take seem-ity by mortgage upon the land sold, for WISCONSIN. 529 the sum remaining unpaid, with seven per cent, interest thereon, payable annu- ally at the office of the treasui'er. The commissioners shall be authorized to execute a good and sufficient conveyance to all purchasers of such lands, and to discharge any mortgages taken as secmity, Tvhen the sum due thereon shall have been paid. The commissioners shall have power to withhold from sale any portion of such lands when they shall deem it expedient ; and shall invest all moneys arising from the sale of such lands, as well as all other university and school funds, in such manner as the legislature ehall provide, and shall give such security for the faithful performance of their duties as may be required by law. ARTICLE :K1.— Corporations. Sec. 1. Corporations without banking powera or privileges may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the legislature, the objects of the corporation cannot be attained under general laws. All general laws or special acts enacted under the provisions of this section may be altered orrepeal- ed by the legislature at any time after their passage. 2. Ko municipal corporation shall take private property for public use against the consent of the owner, without the necessity thereof being first estabhshed by the verdict of a juiy. 3. It shall be the duty of the legislature, and they are hereby empowered to provide for the organization of cities and incorporated villages, and to restrict theh power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and taxation, and in contracting debts by such municipal corporations. 4. The legislature shall not have power to create, authorize, or incorporate, by any general or special law, any banlc or banking power or privilege, or any insti- tution or corporation, having any banking power or privilege whatever, except as provided in this article. 5. The legislatm-e may submit to the voters at any general election, the ques- tion of " bank or no bank ;" and if at any such election, a number of votes equal to a majority of all tlie votes cast at such election on that subject shall be m fa- vor of banks, then the legislatm-e shall have power to grant bank charters, or to pass a general banking law, with such restrictions and under such regulations as they may deem expedient and proper for the security of the biU-holders : Pro- vided, That no such grant or law shall have any force or effect until the same shall have been submitted to a vote of the electors of the state at some general election, and been approved by a majority of the votes cast on that subject at such election. ARTICLE 'Sll.— Amendments. Sec. 1. Any amendment or amendments to this constitution maybe proposed in either house of the legislature, and if the same shall be agreed to by a ma- jority of the members elected to each of the two houses, such proposed amend- ment or amendments shall be entered on their joiu-nals Avith the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election, and shall be published for three months previous to the time of holding such election. And if in the legislature so next chosen, such proposed amend- ment or amendments shaU be agreed to by a majority of all the members elected to each house, then it shall be the duty of tlie 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 amendments by a majority of the electors voting tliereon, such amendment or amendments shall become part of the constitution : Pro- vided, That if more than one amendment be submitted, they shall be submitted in such manner that the people may vote for or against such amendments sepa- rately. 530 CONSTITUTION OF 2. If at any time a majority of the senate and assembly shall deem it neces- sary to call a convention to revise or change tliis constitution, they shall recom mend to the electors to vote for or against a convention at the next election for members of the legislatm-e ; and if it shall appear that a majority of the electors voting thereon have voted for a convention, the legislatm'e shall at its ne;ct session provide for calling such convention. ARTICLE XIII. — Miscellaneous Provisions. Sec. 1. The pohtical year for the state of Wisconsin shall commence on the first Monday in January in each year, and the general election shall be hoL.len on the Tuesday succeeding the first Monday in November in each year. 2. Any inhabitant of this state who may hereafter be engaged, either dli-ectly or indirectly, in a duel, either as principal or accessary, shall forever be disqualified as an elector, and from holding any office under the constitution and laws of this state, and may be punished in any other manner as shall be prescribed by law. 3. No member of congress, nor any person holding any office of profit or ti-ust under the United States (postmasters excepted), or under any foreign power ; no pei'son convicted of any mfamous crime in any court within the United States, and no person being a defaulter to the United States, or to this state, or to any county or town tlierein, or to any state or territory witliin the United States, shall be eligible to any office of trust, profit, or honor in this state. 4. It shall be the duty of the legislature to provide a great seal for the state, which shall be kept by the secretary of state ; and all official acts of the governor, liis approbation of the laws excepted, shall be thereby authenticated. 5. AU persons residing upon Indian lands within any county of the state, and qualified to exercise the right of suffi-age imder this constitution, shall be entitled to vote at the polls which may be held nearest then" residence, for state, United States, or county officers ; Provided, that no person shall vote for county officers out of the county in wliich he resides. 6. Tlie elective officers of the legislature, other than the presiding officers, shall be a cliief-clerk, and a sergeant-at-arms, to be elected by each house. 7. No county with an area of nine hundred square miles or less, shall be divided, or have any part stricken therefrom, without submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county voting on the question, shall vote for the same. 8. No coiuity seat shall be removed until the point to which it is proposed to be removed, shall be fixed by law, and a majority of the voters of the county, voting on the question, shall have voted in favor of its removal to such point. 9. All county officers whose election or appointment is not provided for by this constitution, shall be elected by the electors of the respective counties, or appointed by tlie boards of supervisors or other coimty authorities, as the legis- lature shall direct. All city, town, and village officers, whose election or appointment is not provided for by this constitution, shall be elected by the electors of such cities, to'ssTis, and villages, or of some division thereof, or ■ aj)pointed by such authorities thereof, as the legislatm-e shall designate for that pm-pose. All other officers whose election or appointment is not provided for by this constitution, and aU officers whose offices may hereafter be created by law, sliall be elected by the people, or appointed as the legislature may direct, 10. The legislattu-e may declare tlie cases in which any office shall be deemed vacant, and also the manner of filling the vacancy where no provision is made for that jiurpose, in this constitution. ARTICLE XIV.— Schedule. Sec. 1. That do inconvenience may arise by reason of a change from a terrif o- riiil to a permanent state government, it is declared that all rights, actions, prose- cutions, judgments, claims, and contracts, as well of individuals as of bodies cor- WISCONSIN. 531 povate, shall continue as if no such change had taken place, and all process which may be issued under the authority of the territory of Wisconsin, previous to its admission into the Union of the United States, shall be as valid as if issued in the name of the state. 2. All laws now in force in the territory of Wisconsin, which are not repug- nant 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 temtory of Wisconsin, shall enure to the use of the state. 4. All recognizances heretofore taken, or which may be taken before the change from a teiTitorial to a permanent state government, shall remain vahd, and shall pass to, and may be prosecuted in the name of the state ; and all bonds executed to the governor of tlie territory, or to any other officer or court, in his or their official capacity, shall pass to the governor of the state authority, and their successors ia office, for the uses therein respectively expressed, and may be sued for and recovered accordingly ; and all the estate or property, real, personal, or mixed, and all judgments, bonds, speciaUties, choses in action, and claims or debts of whatsoever description, of the territory of Wisconsin, shall enm'e to and vest m the state of Wisconsin, and may be sued for and recovered in the same manner, and to the same extent, by the state of Wisconsin, as the same could have been by the territory of Wisconsin. All criminal prosecutions and penal actions wliich 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 pro- secuted to judgment and execution in the name of the state. All offences com- mitted against the laws of the territory of Wisconsin, 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 Wisconsin, with like effect as though such change had not taken place ; and aU penalties incurred shall remain the same as if this constitution had not been adopted. All actions at law, and smts in equity, which may be pending in any of the com-ts of the territory of Wisconsin, at the time of the change from a ter- ritorial 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 officers, civil and mihtaiy, now holding their offices under the authority of the United States, or of the territory of Wisconsin, shall continue to hold and exercise their respective offices until they shall be superseded by the authority of the state. 6. Tlie first session of the legislature of the state of Wisconsin shall commence on the first Monday in June next, and shall be held at the village of Madison, which shall be and remain the seat of government until otherwise provided bylaw. 7. All county, precinct, and township officers, shall continue to hold their re- spective offices, unless removed by the competent authority, until the legislature shall in conformity with the provisions of this constitution provide for the hold- ing of elections to fiU such offices respectively. 8. llie president of this convention shall, immediately after its adjournment, cause a fau' copy of this constitution, together with a copy of the act of the legis- latm-e of this territory, entitled " An act in relation to the formation of a state government in Wisconsin, and to change the time of holding the annual session of the legislature," approved October 27th, 184r7, providing for the caUing of this convention, and also a copy of so much of the last census of tliis territory as exhibits the number of its inhabitants, to be forwarded to the President of the United States, to be laid before the congress of the United States at its present session. 9. This constitution shall be submitted at an election to be held on the second Monday in March next, for ratffication or rejection, to all Avhite male persons of the age of twenty-one years or upwards, who shaU tlien be residents of this ter- ritory and citizens of the United States, or shall have declared their intention 532 CONSTITUTION OF to become such, in conformity with the laws of congress on the subject of natu rahzation ; and all persons having such qualifications shall be entitled to vote for or against the adoption of this constitution, and for all officers first elected under it. And if the constitution be ratified by the said electors, it shall become the constitution of the state of Wisconsin. On such of the ballots as are for the constitution, shall be written or printed the word " yes ;" and on such as are against the constitution the word " no." The election shall be conducted in the manner now prescribed by law, and the retm-ns made by the clerks of the boards of supervisors or county commissioners (as the case may be) to the go- vernor of the territory, at any time before the tenth day of April next. And in the event of the ratification of this constitution, by a majority of all the votes a;iven, it shall be the duty of the governor of this territory to make proclama- tion of the same, and to transmit a digest of the returns to the senate and as- sembly of the state, on the first day of their session. An election shall be held for governor and lieutenant-governor, treasurer, attorney -general, members of the state legislature, and members of congress, on the second Monday of May next, and no other or further notice of such election shall be requhed. 10. Two members of congress shall also be elected on the second Monday of May next ; and until otherwise provided by law, the counties of Milwaukie, Waukesha, Jefferson, Racine, Walworth, Rock, and Green, shall constitute the fii-st congressional district, and elect one member ; and the counties of Washing- ton, Slieboygan, Manitouwoc, Calumet, Brown, Winnebago, Fond du Lac, Mai-- quette, Sauk, Portage, Columbia, Dodge, Dane, Iowa, La Fayette, Grant, Rich- land, Crawford, Clnppewa, St. Croix, and La Pointe. shall constitute the second congressional district, and shall elect one member. 1 1. The several elections provided for in this article shall be conducted according to the existing laws of the territory : Provided, That no elector shall be entitled to vote except in the town, ward, or precinct where he resides. The retiuns of elec tion for senators and members of assembly shall be transmitted to the clerk of the board of supervisors, or county commissioners, as the case may be, and the votes shall be canvassed, and certificates of election issued,_as now provided by law. In the fiirst senatorial district, the returns of the election for senator shall be made to the proper oificer in the county of Brown. In the second senatorial district, to the proper ofljicer in tlie county of Columbia. In the tlui-d senatorial district, to the proper officer in the county of Crawford. In the fourth senato- rial district, to the proper officer in the county of Fond du Lac. And in the fifth senatorial district to the proper officer in the county of Iowa. The re- tm-ns of election for state officers and members of congress shall be certified and transmitted to the speaker of the assembly at the seat of government, in the same manner as the votes for delegate to congress are required to be certified and returned by the laws of the territory of Wisconsin, to the secretary of said territory, and in such time that they may be received on tlie first Monday in June next ; and as soon as the legislature shaU be organized, the speaker of the assembly and the president of the senate shall, in the presence of both houses, exaniine the retm-ns, and declare who are duly elected to fill the several offices hereinbefore mentioned, and give to each of the persons elected a certificate of his election. 12. Until there shall be a new apportionment, the senators and members of the assembly shall be apportioned among the several districts, as hereinafter mentioned, and each district shall be entitled to elect one senator or member of the assembly, as the case may be. The counties of Brown, Calumet, Manitouwoc, and Sheboygan, shall constitute the first senate district. The counties of Columbia, Marquette, Portage, and Sauk, shaU constitute the second senate district. The counties of Crawford, Chippewa, St. Croix, and La Ponte, shall constitute the third senate district. n WISCONSIN. 53'? 'Vhe counties of Fond du Lac, and Winnebago, shall constitute the fourth senate district. The counties of Iowa and Richland, shall constitute the fifth senate district Tlie county of Grant shall constitute the sixth senate district. The county of La Fayette shall constitute the seventh senate district. The county of Green shall constitute the eighth senate district. The county of Dane shall constitute the ninth senate district. The county of Dodge shall constitute the tenth senate district. The county of Washington shall constitute the eleventh senate district. The county of Jefferson shall constitute the twelfth senate district. The county of Waukesha shall constitute the thirteenth senate district. The county of Walworth shall constitute the fourteenth senate district. The county of Rock shall constitute the fifteenth senate district. The towns of Southport, Pike, Pleasant Prairie, Paris, Bristol, Brighton, Sa- lem, and Wheatland, in the county of Racine, shall constitute the sixteenth senate district. The towns of Racine, Caledonia, Motint Pleasant, Raymond, Norway, Roches- ter, YorkviUe, and Burhngton, in the county of Racine, shall constitute the seventeenth senate district. The thii-d, fourth, and fifth wards of the city of Milwaukee, and the towns of Lake, Oak Creek, Franklin, and Greenfield, in the county of Milwaukee, shall constitute the eighteenth senate disti'ict. The first and second wards of the city of Milwaukee, and the towns of Mil- ■watikee, Wauwatosa, and Granville, in the county of ]^Iilwaukee, shall constitute the nineteenth senate district. The county of BroAvn shall constitute an assembly district. The county of Calumet shall constitute an assembly district. The county of Manitouwoc shall constitute an assembly district. The county of Columbia shall constitute an assembly district. The counties of Crawford and Chippewa, shall constitute an assembly district. The counties of St. Croix and La Pointe, shall constitute an assembly district. The to-wns of Windsor, Sun Praiiie, and Cottage Grove, in the county of Dane, shall constitute an assembly district. Tlie towns of Madison, Cross Plains, Clarkson, Springfield, Verona, Montrose, Oregon, and Greenfield, in the comity of Dane, shall constitute an assembly district. The towns of E,ome, Dunkirk, Christiana, Albion, and Rutland, in the county of Dane, shall constitute an assembly district. The towns of Burnett, Chester, Le Roy, and Williamstown, in the county of Dodge, shall constitute an assembly district. The towns of Fairfield, Hubbard, and Rubicon, in the county of Dodge, shall constitute an assembly district. The towns of Hustisford, Ashippun, Lebanon, and Emmet, in the county of Dodge, shall constitute an assembly district. The towns of Elba. Lowell, Portland, and Clyman, in the county of Dodge, shall constitute an assembly disti'ict. The towns of Calamus, Beaver Dam, Fox Lake, and Trenton, in the county of Dodge, shall constitute an assembly district. The towns of Calumet, Forest, Auburn, Byron, Taychedah, and Fond du Lac, in the county of Fond du Lac, shall constitute an assembly district. Tlie towns of Alto, Metoman, Ceresco, Rosendale, Waupun, Oakfield, and Seven Mile Creek, in the county of Fond du Lac, shall constitute an assembly district The precincts of Hazel Green, Fahplay, Smeltzer's Grove, and Jamestown, in the county of Grant, shall constitute an assembly district. The precincts of PlattviUe, Head of Platte, Centerville, Muscoday, and Fen- nimore, in the county of Grant, shall constitute an assembly district. Tlie precincts of Pleasant VaUey, Potosi, Waterloo, Huiricane, and New Lis- bon, in the county of Grant, shall constitute an assembly district 534 CONSTITUTION OF The precincts of Beetown, Patch Grove, Cassville, Millville, and Lancaster, in the county of Grant, shall constitute an assembly district. The county of Green shall constitute an assembly district. The precincts of Dallas, Peddler's Creek, Mineral Point, and Yellow Stone, in the county of Iowa, shall constitute an assembly district. The precincts of Franklin, Dodgeville, Porter's Grove, Arena, and Percussion, in the county of Iowa, and the county of Richland, shall constitute an assembly district. The towns of Watertown, Aztalan, and Waterloo, in the comity of Jefferson, shall constitute an assembly district. Tlie towns of Ixonia, Concord, Sullivan, Hebron, Cold Spring, and Palmyra, in the county of Jefferson, shall constitute an assembly district. The towns of Lake Mills, Oakland, Koskonong, Farmington, and Jefferson, in the county of Jefferson, shall constitute an assembly district. The precincts of Benton, Elk Grove, Belmont, WiUow Springs, Prairie, and that part of ShuUsburgh precinct north of town one, in the county of La Fay- ette, shall constitute an assembly district. The precincts of Wiota, Wayne, Gratiot, White Oak Springs, Fever River, and that part of ShuUsburgh precinct south of town two, in the county of La Fay- ette, shall constitute an assembly district. The county of Marquette shall constitute an assembly district. The first ward of the city of Milwaukee, shall constitute an assembly district The second ward of the city of Milwaukee, shall constitute an assembly district. The third ward of the city of Milwaukee, shall constitute an assembly district. The fourth and fifth wards of the city of Milwaukee, shall constitute an as- sembly district. The towns of Frankhn, and Oak Creek, in the county of Milwaukee, shall constitute an assembly district. The towns of Greenfield, and Lake, in the county of Milwaukee, shall consti tute an assembly district. The towns of Granville, Wauwatosa, and Milwaukee, in the county of Milwau- kee, shall constitute an assembly district. The county of Portage shall constitute an assembly district. The town of Racine, in the county of Racine, shall constitute an assembly district The towns of Norway, Raymond, Caledonia, and Mount Pleasant, in the coun- ty of Racine, shall constitute an assembly district. The towns of Rochester, Burlington, and Yorkville, in the county of Racine, ehall constitute an assembly district. The towns of Southport, Pike, and Pleasant Prairie, in the county of Racine, shall constitute an assembly district. The towns of Paris, Bristol, Brighton, Salem, and Wheatland, in the county of Racine, shall constitute an assembly district. The towns of Janesville, and Bradford, m the county of Rock, shall consti- tute an assembly district. The towns of Beloit, Turtle, and CUnton, ui the county of Rock, shall consti tote an assembly district. The towns of MagnoUa, Union, Porter, and Fulton, in the county of PuDck, shall constitute an assembly district. The towns of Milton, Lima, and Johnstown, in the county of Rock, shall con- stitute an assembly district. The towns of Newark, Rock, Avon, Spring Valley, and Centre, in the countj of Rock, shall constitute an assembly district : Provided, That if the legislature ehall divide the town of Centre, they may attach such part of it to the district lying next north, as they may deem expedient. The county of Sauk shall constitute an assembly district. Precincts numbered one, three, and seven, in the county of Sheboygan, shall constitute an assembly district WISCONSIN. 535 Precincts numbered two, four, five, and six, in the county of Sheboygan, shall constitute an assembly district. The towns of Troy, East Troy, and Spring Prairie, in the county of Walworth, shall constitute an assembly district. The towns of Whitewater, Richmond, and Lagrange, in the county of Wal- worth, shall constitute an assembly district. Tlie towns of Geneva, Hudson, and Bloomfield, in the county of- Walworth, shall constitute an assembly district. The towns of Darien, Sharon, Walworth, and Lynn, in the county of Wal- worth, shall constitute an assembly district. Tlie towns of Delavan, Sugar Creek, La Fayette, and Elkhom, in the cotmty of Walworth, shall constitute an assembly district. The towns of Lisbon, Menomonee, and Brookfield, in the county of Wauke- slia, shall constitute an assembly district. The towns of Warren, Oconomewoc, Summit, and Ottowa, in the county of Wauliesha, shall constitute an assembly district. The towns of Delafield, Genesee, and Pewaukee, in the county of Waukesha, shall constitute an assembly district. The towns of Waukesha and New Berlin, in the county of Waukesha, shall constitute an assembly district. The towns of Eagle, Mukwanego, Vernon, and Muskego, in the county of Waukesha, shall constitute an assembly district. The towns of Port Washington, Fredonia, and Clarence, in the county of Washington, shall constitute an assembly district. The towns of Grafton and Jackson, in the county of Wasliington, shall consti- tute an assembly district. The towns of Mequon and Germantown, in the comity of Washington, shall constitute an assembly district. The towns of Polk, Richfield, and Erin, in the county of Washington, shall constitute an assembly district. The towns of Hartford, Addison, West Bend, and North Bend, in the county of Washington, shall constitute an assembly district. The county of Wianebago shall constitute an assembly district. The foregoing districts are subject, however, so far to be altered that when any new town shall be organized, it may be added to either of the adjoining as- Bembly districts. 13. Such parts of the common law as are now in force in the territory of Wiscon- sin, not inconsistent with this constitution, shall be and continue part of the law of this state, until altered or suspended by the legislature. 14. The senators first elected in the even numbered senate districts, the gover- nor, lieutenant-governor, and other state officers first elected under this consti- tution, shall enter upon the duties of their respective offices on the first Monday of .Jime next, and shall continue in office for one year fi-om the first Monday oi January next. Tlie senators first elected in the odd numbered senate districts, and the members of the assembly first elected, shall enter upon their duties respectively on the fh-st Monday of June next, and shall continue in office until the first Monday in January next. 15. The oath of office may be administered by any judge or justice of the peace, until the legislature shall otherwise direct. RESOLUTIONS. Resolved, That the congress of the United States be and is hereby requested, upon the application of Wisconsin for admission into the Union, so to alter the provisions of an act of congress entitled " an act to grant a quantity of land to the territory of Wisconsin for the purpose of aiding in opening a canal to connect the waters of lake Michigan with those of Rock river," approved June eighteenth, 40 536 CONSTITUTION OF WISCONSIN. eighteen hundi-ed and thirty-eight ; and so to alter the terms and conditions of the grant made therein, that the odd numbered sections thereby granted and remaining unsold, may be held and disposed of by the state of Wisconsin, as part of tlie five hundred thousand acres of land to vhich said state is entitled oy the provisions of an act of congress, entitled " an act to appropriate the pro- ceeds of the sales of the pubhc lands, and to grant pre-emption rights," approved the fourth day of September, eighteen hundred and forty-one ; and fm-ther, that the even numbered sections reserved by congress may be offered for sale by tlie United States for the same minimum price, and subject to the same rights of pre-emption as other public lands of the United States. Resolved, That congress be fiu^her requested to pass an act whereby the ex- cess price over and above one dollar and twenty -five cents per acre, which may have been paid by the purchasers of said even numbered sections whicli shall have been sold by the United States, be refunded to the present owners thereof, or they be allowed to enter any of the pubhc lands of the United States, to an amount equal in value to the excess so paid. Resolved, That in case the odd numbered sections shall be ceded to the state as aforesaid, the same shall be sold by the state in the same manner as other school lands : Provided, Tliat the same rights of pre-emption as are now granted by the laws of the United States, shall be secured to persons who may be actu- ally settled upon such lands at the tune of the adoption of this constitution : And provided further, That the excess price over and above one dollar and twenty-five cents per acre, absolutely or conditionally contracted to be paid by the purchasers of any part of said sections whicli shall have been sold by the territory of "Wisconsin, shall be remitted to such purchasers, their representatives, or assigns. Resolved, That congress be requested, upon the application of Wisconsin for admission into the Union, to pass an act whereby the grant of five hundred thousand acres of land, to which the state of Wisconsin is entitled by tlie pro- visions of an act of congress entitled " an act to appropriate the proceeds of the sales of the pubhc lands, and to grant pre-emption rights," approved the fourth day of September, eighteen hundred and forty -one, and also the five per centum of the nett proceeds of the public lands lying within the state, to which it shall become entitled on its admission into the Union, by the provisions of an act of congress, entitled " an act to enable the people of Wisconsin territory to form a constitution and state government, and for the admission of such state into the Union," approved the sixth day of August, eighteen hundred and forty-six, shall be granted to the state of Wisconsin for the use of schools, instead of the pur- poses mentioned in said acts of congress respectively. Resolved, That the congress of the United States be, and hereby is, requested, upon the admission of this state into the Union, so to alter the provisions of the act of congress, entitled " an act to grant a certain quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by a canal in the territory of Wisconsin," that the price of the lands reserved to the United States shall be reduced to the mininum price of the public lands. Resolved, That the legislature of this state shall make provision by law for the sale of the lands granted to the state in aid of said improvements, subject to the same rights of pre-emption to the settlers thereon, as are now allowed by law to settlers on the public lands. Resolved, Tliat the foregoing resolutions be appended to and signed with the constitution of Wisconsin, and submitted therewith to the people of this territory, and to the congress of the United States. In testimony whereof we have hereunto set our hands, at Madison, the first day of February, A. D. eighteen hundred and forty eight. MORGAN L. MARTDSr. President. THOMAf! McHtlGH. /^^yrcfarij. CALIFORNIA. This country, during the Spanish rule, constituted a part of tlie viceroyalty of Mexico, or New Spain. When Mexico became a federal republic, not" finding California sufficiently populous to form a state, she established over it a territoriid government, of Avhich Los Angeles and Monterey were the seats. A few years since the country between tlie Rocky Mountains and the Pacific was unknown ; except in some parts of Oregon, which had been laid open by the discoveries of Capt. Grey, in 1792, and by the explorations of Lewis and Clarke, in 1803. The American government, in 1838, sent out a naval Exploring Expedition, under Captain Charles Wilkes, who was directed to make surveys of the coasts of Oregon and California, with special reference to the bay of San"Francisco. He pronounced the harbor of San Francisco to be " one of the finest, if not the very best in the world." The town, then called Yerba Buena, " consisted of one large frame building, occupied by tlie Hudson Bay Company ; the store of an American merchant, a billiard-room, and a bar ; a cabin of a ship, occupied as a dwelling ; — besides out-houses, few and far between." The most prominent man in tbe region was Capt. Sutter, a Swiss by birth, but immigrating from Missouri. Having obtained from Mexico a grant of land thirty leagues square, he located his residence witliin it, and built a fort at the confluence of the American river with the Sacramento, near the place since called Sacra- mento City. Capt. Wilkes reported well of the soil and productiveness of the countiy. He related a recent military cimtest, io which the scale was turned by the valor of twenty-five American hunters. Mr. Polk came into the presidency with a war upon his hands. He doubtless intended so to conduct it that it should redound to the honor and advantage of his country ; being early determined to obtain California and New Mexico. But a project was on foot to place Califuriiia beycnd the reach of the American govern- ment, and under the protection of the British. This was in part to be effected through the agency of Macnamara, an Irish priest, who, before the beginning of the war, visited the city of Mexico, and obtained grants of some of the best ports and most fertile lands of California. Capt. Fremont was sent overland, early in the spring of 1845, to California, ostensibly for scientific exploration, with 63 men, 537 538 CONSTITUTION OF composed of the famous and noble hunter and guid3, Kit Carson, and otlieis Life him, ready, with sinews of steel, to do or to dare ;-— furnished with artillery, and armed with Colt's revolvers. If Mr. Polk's obj-ict was to counterwork the British plot, his measures and agents were well chosen, aud his plans completely successful. The Mexican treaty, signed at Gaudaluj^e Hidalgo, Feb. 2, 1848, added to the American Republic vast tracts, of which the California portion had a framework of society adverse to our own, many patriots looked with apprehension for the result, knowing that ordinarily the full river keeps the course first taken by the rivulet. Would enough of our citizens go thither to turn this course — to fuse this portion into the common mass ? Providence presented a material to draw them so quickly, and in such ample numbers, that they at once constituted the prin- cipal stream of Cahfornian society, into which all minor currents, not excepting the original, were merged ; and Gold, the curse of otlier lands, was a blessing to this. In February, 1848, a private discovery of gold was made on the grounds of Capt. Sutter, by a Mr. Marshall, then in his employ, twenty-five miles up the American Fork of the Sacramento. It was soon found in other localities. Rumors of California gold reached the Atlantic States, which were converted to certainty by the President's message of December, 1849, accompanied by a letter from Gov. Mason, who had been in person to visit the gold " diggings." As he passed along, he found houses deserted, and fields of wheat going to ruin ; their owners having left them to dig for gold. Such liad been the quantities found, tliat every conveuience of life bore an enormous price. Capt. Sutter paid his blacksmith ten dollars per day ; and he received five hundred dollars per month for the rent of a two-story house within his fort. Gov. Mason followed up the American to the sawmill, in whose raceway tlie golden scales were first discovered. He visited other " placers," and saw multitudes engaged in the beds of streams, and in dry ravines, where water-courses had once existed. In a little gutter two men had found the value of seventeen tliousand dollars. The ordinary yield for a day's work was two ounces. Such were the facts reported from unquestionable sources : and California at once became the one luminous point, to which all eyes were directed. There was a rush for the land of gold, not only from the United States, but from Europe, Asia, South America, and the isles of the sea. From December, 1849, to January, 1850, 99 vessels from the United States. 52 from New York; 29 from New England. From October, 1849, to October, 1850, one year, arrived at San Francisco, 48,615 immigrants by sea, and 33,000 by land. Tlie ISth of October, 1849, will be memorable in the annals of California. On that day the members of the Convention elected to draft a constitution set tlieir signatures to this noble instrument. The President of this body was Robert Semple, a native of Kentucky ; the Secretary, Wm. G. Marcy, of New York. The constitution was adopted by the people Nov. 13, 1849. Population, in 1850, 200,000. CONSTITUTION. ARTICLE I. — Declaration of Rights. Sec. 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 pro- perty, and pursuing and obtaining safety and happiness. 2. All political power is inherent in the people. Government is CALIFORNIA. 639 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 ill 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 con- strued as to excuse acts of licentiousness, or justify practices incon- sistent with the peace or safety of this State. 5. 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 its suspension. 6. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted, nor shall wit- nesses be unreasonably detained. 7. All persons shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or the presumption great. 8. No 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 in jeopardy for the same offence ; 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 pri- vate 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 libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to deter- mine 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. IL All laws of a general nature shall have a uniform operation. 12. The military shall be subordinate to the civil power. No 540 CONSTITUTION OP 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. 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 to be prescribed by law. 14. Representation 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. IT. 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. 18. Neither slavery nor involuntary servitude, unless for the pun- ishment 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 com- fort. 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 l\.—Pdght of Suffrage. Sec. 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 hereafi;er may be authorized by law : Provided that nothing herein contained shall be construed to prevent 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. CALIFORNIA. O'll 3. No 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 pei'son 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 w^hile a student of any seminary of learn- ing ; nor while kept at any almshouse or other asylum at public expense; nor while confined in any public prison. 5. No idiot or insane person, or person convicted of any infar mons crime, shall be entitled to the privileges of an elector. 6. All elections by the people shall be by ballot. ARTICLE 111— Distribution of Powers. The powers of the governrnent of the State of California shall be divided into three separate departments — the Legislative, the Execu- tive, and Judicial ; and no person charged with the exercise of powers properly belonging to one of these departments, shall exer- cise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted. ARTICLE IV. — Legislative Department. Sec. 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." 2. The sessions of the Legislature shall be annual, and shall com- mence on the first Monday of January next ensuing the election of its members, unless the governor of the State shall in the interim convene the Legislature by proclamation. 3. The members of the Assembly shall be chosen annually, by the qualified voters of their respective districts, on the Tuesday next after the first Monday in November, unless otherwise ordered by the Legislature, and their term of office shall be one year. 4. Senators and members of Assembl}^ shall be duly qualified electors in the respective counties and districts which they represent 5. Senators shall be chosen for the term of two years, at the same time and places as members of Assembly ; and no person shall be a member of the Senate or Assembly who has not been a citizen and inhabitant of the State one year, and of the county or district for which he shall be chosen six months next before his election. 6. The number of senators shall not be less than one-third, nor more than one-half of that of the members of Assembly ; and at the first session of the Legislature after this constitution takes ellect, the senators shall be divided by lot as equally as may be, into two 542 CONSTITUTION OF classes ; the seats of the senators of the first class shall be vacated at the expiration of the first year, so that one-half shall be chosen annually. 7. When the number of senators is increased, they shall be appor- tioned by lot, so as to keep the two classes as nearly equal in num- ber as possible. 8. Each house shall choose its own ofiicers and judge of the quali- fications, elections, and returns of its own members. 9. 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 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. 12. Aiembers 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 occa- sions as in the opinion of the house may require secrecy. 15. 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. 16. Any bill may originate in either house of the Legislature, and all bills passed b^^ 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, Avith 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 reconsidera- tion it again pass both houses by yeas and nays, by a majority of two-thirds of the members of each house present, it shall become a law, notwithstanding the governor's objections. If any bill shall not be returned within ten 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 Legislature by adjournment prevent such return. 1 K. The Assembly shall have the sole power of impeachment ; and all impeachments shall be tried by the Senate. When sitting CALIFORNIA. 543 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, comp- troller, treasurer, attorney-general, surveyor-general, justices of the supreme 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 disqualification to hold any office of honor, trust, or profit, under the State ; but the party convicted or acquitted shall neveitheless be liable to indict- ment, trial and punishment, according to law. All other civil officers shall be tried for misdemeanors in office in such manner as the Legis- lature inay provide. 20. No senator or member of Assembly 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 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 officeof 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 conse- quence of appropriations made by law. An accurate statemeut 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. 24. The members of the Legislature shall receive for their ser- vices 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. 26. No divorce shall be granted by the Legislature. 27. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed. 28. The enumeration of the inhabitants of this State shall be laiven, 644 CONSTITUTION OF under the direction of the Legislature, in the year one thousand eight hundred and fifty-tvro, and one thousand eight hundred and fifty-five, and at the end of every ten years thereafter; and these enumera- tions, together with the census that may be taken under the direction of the Congress of the United States, in the year one thousand eight hundred and fifty, and every subsequent ten years, shall serve as the basis of representation in both houses of the Legislature. 29. 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 appor- tioned among the several counties and districts to be established by law, according 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; and no county shall be divided, in forming a congressional, senatorial, or assembly district. 3L Corporations may be formed under general laws, but shall not be created by special act, except fur municipal purposes. All gene- ral laws and special acts passed pursuant to this section may be altered from time to time, or repealed. 32. Dues from corporations shall be secured by such individual liability of the corporators, and other means, as may be prescribed by law. 33. The term corporations as used in this article shall be construed to include all associations and joint stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons. 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 no such association shall make, issue, or put in circulation, any bill, check, ticket, certificate, promissory note, or other paper, or the paper of any bank, to circulate as money. 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. CALIFORNIA. 545 37. It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debts by such municipal corporations, 38. In all elections by the Legislature, the members thereof shall v^ote viva voce, and the votes shall be entered on the journal. ARTICLE V. — Executive Department. Sec. 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 time and places of voting for members of Assembly, and shall hold his office two years from the time of his installation, 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 person 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 writing 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 commission, which shall expire at the end of the next session of the Legislature, or at the next election by the people. 9. lie 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. 646 CONSTITUTION OF 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 : pro- vided it be not beyond the time fixed for the meeting of the next Legislature. 12. No peison 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 offences except ti-eason and cases of impeachment, upon such conditions, and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason he shall have the power to suspend the execution of the sentence until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. He shall communicate to the Legislature, at the begin- ning of every session, every case of reprieve or pardon granted, stating the name of the convict, the crime of which he was con- victed, 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 govei'nor, and used by him officially, and shall be called " The grea^ 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 lieu- tenant governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, 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 shall continue commander-in-chief of the military force of the State. 18. A secretary of state, a comptroller, a treasurer, an attorney- CALIFORNIA. 547 general, and surveyor-general, shall be chosen in the manner provided in this constitution ; and the term of office and eligibility of each shall be the same as are prescribed for the governor and lieutenant governor. 19. The secretary of state shall be appointed by the governor, by and with the advice and consent of the Senate. He shall keep a fair record of the official acts of the legislative and execiiti\'e depart- ments of the government, "and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legis- lature; and shall perform such other duties as shall be assigned him by law. 20. The comptroller, treasurer, attorney-general and surveyor-gen- eral, shall be chosen by joint vote of the two houses of the Legisla- ture, 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, comp- 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 per- formance of his official duties. ARTICLE VL — Judicial Department. Sec. 1. The judicial power of this State shall be vested in a supreme court, in district courts, in county courts, and in justices of the peace. The Legislature may also establish such municipal and other inferior courts as may be deemed necessaiy. 2. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum. 3. The justices of the supreme court shall be elected at the gen eral election by the qualified electors of the State, and shall hold their office for the terra of six years from the first day of January next after their election ; provided that the Legislature shall, at its first meeting, elect a chief justice and two associate justices of the supreme court, by joint vote of both houses, and so classify them that one shall go out of office every two years. After the first elec- tion the senior justice in commission shall be the chief justice. 4. The supreme court shall have appellate jurisdiction in all cases when the matter in dispute exceeds two hundred dollars, when the legality of any tax, toll, or impost or municipal fine is in question, and in all criminal cases amounting to felony or questions of law alone. And the said court, and each of the justices thereof, as well as all district and county judges, shall have power to issue writs of habeas corpus at the instance of any person held in actual custody. They shall also have power to issue all other writs and process 548 CONSTITUTION OF necessary to the exercise of their appellate jurisdiction, and shall be conservators of the peace throughout the State. 5. The State shall be divided by the first Legislature into a con- venient number of districts, subject to such alteration from, time to time as the public good may require, for each of which a district judge shall be appointed by the joint vote of the Legislature, at its first meeting, who shall hold his office for two years from the first day of January next after his election ; after which said judges shall be elected by the qualified electors of their respective districts, at the general election, and shall hold their office for the term of six years. 6. The district courts shall have original jurisdiction in law and equity in all civil cases where the amount in dispute exceeds two hundred dollars, exclusive of interest. In all criminal cases not otherwise provided for, and in all issues of fact joined in the probate courts, their jurisdiction shall be unlimited. 7. The Legislature shall provide for the election by the people of a clerk of the supreme court, and county clerks, district attorneys, sheriffs, coroners, and other necessary officers ; and shall fix by law their duties and compensation. County clerks shall be, ex-officio^ clerks of the district courts in and for their respective counties. 8. There shall be elected in each of the organized counties of this State, one county judge, who shall hold his office for four years. He shall hold the county court, and perform the duties of surrogate, or probate judge. The county judge, with two justices of the peace, to be designated according to law, shall hold courts of ses- sions, with such criminal jurisdiction as the Legislature shall pre- scribe, and he shall perform such other duties as shall be required by law. 9. The county courts shall have such jurisdiction, in cases arising in justices' courts, and in special cases, as the Legislature may pre- scribe, but shall have no original civil jurisdiction except in such special cases. 10. The times and places of holding the terms of the supreme court, and the general and special terms of the district courts within the several districts, shall be provided for by law. IL No judicial officer, except a justice of the peace, shall receive to his own use any fees or perquisites of office. 12. The Legislature shall provide for the speedy publication of all statute laws, and of such judicial decisions as it may deem expe- dient ; and all laws and judicial decisions shall be free for publica- ' tion by any person. 13. Tribunals for conciliation may be established, with such powers and duties as may be prescribed by law ; but such tribunals shall have no power to render judgment to be obligatory on the par- ties, except they voluntarily submit their matters in difference, and CALIFORNIA. 549 agree to abide the judgment, or assent thereto in the presence of such tribunal, in such cases as shall be prescribed by law. 14. The Legislature shall determine the number of justices of the peace to be elected in each county, city, town, and incorporated village of the State, and fix by law their powers, duties, and respon- sibilities. It shall also determine in what cases appeals may be made from justices' courts to the county court. 15. The justices of the supreme court, and judges of the district court, shall severally, at stated times during their continuance in office, receive for their services a compensation, to be paid out of the treasury, which shall not be increased or diminished during the term for which they shall have been elected. The county judges shall also severally, at stated times, receive for their services a compensation to be paid out of the county treasury of their respective counties, which shall not be increased or diminished during the term for which they shall have been elected. 16. The justices of the supreme court and district judges shall be ineligible to any other 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 ;" all the prosecutions shall be conducted in the name and by the authority of the same. AETICLE YIl—Miliiia. Sec. 1. The Legislature shall provide by law for oi'ganizing and disciplining the militia, in such manner as they shall deem expedient, not incompatible with the constitution and laws of the United States. 2. 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. 3. The governor shall have power to call forth the militia, to execute the laws of the State, to suppress insurrections, and repel invasions. ARTICLE VIII.— ^i^a^e Debts. 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 insurrection, unless the same shall be authorized by some law for some single object or work, to be distinctly specified therein, which law shall provide ways and means, exclusive of loans, for the pay- ment of the interest of such debt or liability as it falls due, and also pay and discharge the principal of such debt or liability within twenty years frcm the time of the contracting thereof, and shall be 650 CONSTITUTION OF irrepealable until the principal and interest thereon shall be paid and discharged ; but no such law shall take effect until, at a general elec- tion, 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. ARTICLE \X.— Education. Sec. 1. The Legislature shall provide for the election by the people of a superintendent of public instruction, who shall hold his office for three years, and whose duties shall be prescribed by law, and who shall receive such compensation as the Legislature may direct. 2. The Legislature shall encourage by all suitable means the pro- motion of intellectual, scientific, moral, and agricultural improve- ment. 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 estates of deceased persons who may have died with- out leaving a will, or heir, and also such per cent, as may be granted .by Congress on the sale of lands in this State, shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the Jjegislature niay pro- vide, 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 school 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, improve- ment, or other disposition of such lands as have been, or may here- after be reserved or granted by the United States, or any person or persons, to the State for the use of a 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 efiectual CALIFORNIA. 551 means for the improvement and permanent security of the ftinds of said university. ARTICLE X. — Mode of Amending and Revising the Constitution. Sec. 1. Any amendment or amendments to this constitution may he 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 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 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 amend- ment or amendments 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, they shall recommend to the electors, at the next election for members 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 conven- tion shall consist of a number of members not less than that of both branches of the Legislature. ARTICLE XI. — Miscella-neous Provisions. Sec. 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 judicial, 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 ; 41 552 CONSTITUTION OF " I do solemnly swear (or affirm, as the case may be,) that I wili support the constitution of the United States, and the constitution of the State of California, 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 qual- ification for any office or public trust. 4. The Legislature shall establish a system of county and town governments, 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 supervi^^ors shall jointly and individually perform such duties as may be pre- scribed by law. 6. All officere whose election or appointment is not provided for by this constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed as the Legislature may direct. 7. 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 ; nor shall the duration of any office not fixed by this constitution ever exceed four years. 8. The fiscal year shall commence on the first day of July. 9. Each county, town, city, and incorporated village, shall make provision for the support of its own officers, subject to such restric- tions 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 association or corporation. 11. Suits may be brought against the State in such manner, and in such courts, as shall be directed by law. 12. 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, wned or claimed by marriage, and that acquired afterwards by giit, devise, or descent, shall be her separate property ; and laws shall be passed more clearly defining the rights of the wife, in I'elation as well to her sepa- rate property, as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's sepa- rate property. CALIFORNIA. 568 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 elemosynary purposes. 17. Every person shall be disqualified from holding any office of profit in this State who shall have been convicted of having given, or offered a bribe, to procure his election or appointment. 18. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, those who shall hereafter be con- victed 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 influ- ence thereon from power, bribery, tumult, or other improper practice. 19. Absence from this State on business of the State, or of the United States, shall not affect the question of residence of any person. 20. A plurality of the votes given at an election shall constitute a choice, where not otherwise directed in this constitution. 21. All laws, decrees, regulations, and provisions, which from their nature require publication, shall be published in English and Spanish. ARTICLE Xll.— Boundary. 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 longi- tude west from Greenwich, and running south on the line of said one hundred and twentieth degree of west longitude until it intersects the thirty -ninth degree of north latitude ; thence running in a sti-aight line in a south-easterly 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 north-westerly 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 lati- tude to the place of beginning. Also all the islands, harbors and • bays, along and adjacent to the Pacific coast. 6r>4: CONSTITUTION OF SCHEDULE. Seo. 1. All rights, prosecutions, claims and contracts, as well of individuals as of bodies corporate, ahd all laws in force at the time of the adoption of this con- stitution, and not inconsistent therewith, until altered or repealed bj the Legisla- ture, 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 this constitution, no office shall be superseded thereby, nor the laws relative to the duties of the several officers be changed, until the entering into office of the new officers to be appointed under this constitution. 4. The provisions of this constitution concerning the term of residence necessary to enable persons to hold certain offices therein mentioned, shall not be held to apply to officers chosen by the people at the first election, or by the Legislature at its first session. 5. Everj"- citizen of California declared a legal voter by this constitution, and every citizen of the United States a resident of this State on the day of election, shall be entitled to vote at the first general election under this constitution, and 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 November next. The executive of the existing government of California is hereby requested to issue a proclamation to the people, directing the prefects of the seve- ral 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 elec- tion of delegates to this convention, except that the prefect, sub-prefect, or senior judge of first instance ordering such election in eacli 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 tlie duty of these judges and inspectors of election, on the day aforesaid, to receive tlie votes of the electors qualified to vote at sucli 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 Constitution," or some such words as will distinctly convey the intention of the voter. Tliese 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 tliereof to the prefect, sub-prefect, or senior judge of first instance, as the case may be, of their respective districts ; and said prefect, 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 tlie 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 instance, and an alcalde of the district of Monterey, or any three of the aforementioned officers, in the presence of all who sliall choose to attend, to com- pare the votes given at said election, and to immediately publish an abstract of the same in one or more of the newspapei's of California. And the executive will also immediately after ascertaining that the constitution has been ratified by the people, make proclamation 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 tho people of California, the executive of the existing, government is hereby requested immediately after the same shall be ascertained, in the manner herein directed, to cause a fair copy thereof to be CALIFORNIA. 555 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 governor, members of the Legislature, and also two members of Congress. 9. If this constitution shall be ratified by the people of Cahfornia, the Legis- lature shall assemble at the seat of government on the fifteenth day of December nest ; and in order to complete the organization of that body, the Senate shall electa president ^ro iejn/jore 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 sucli ofiicers as may be ordered by this constitution to be elected by that body, and within four days after its organization proceed to elect two senators to the Congress of the United Statea But no law passed by this Legislature shall take eifect until signed by the gover- nor after his installation into office. 12. 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 they shall lay before the Congress of the United States, requesting, in the name of the people of California, the admission of the State of California into the American Union. 1 3. All officers of this State, other than members of the Legislature, shall be installed into office on the fifteenth day of December next, or as soon thereafter as practicable. 14. Until the Legislature shall divide the State into counties, and senatoi-ial and assembly districts, as directed by this constitution, the following shall be the apportionment of the two houses of the Legislature, viz : the districts of San Diego and Los Angelos 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 Angelos, two mem- bers of assembly ; the district of Santa Barbara, two members of assembly ; the district of San Luis Obispo, one member of assembly ; the district of Monterey, two members of assembly ; the district of San Jose, three members of assembly ; the district of San Francisco, five members of assembly ; the district of Sonoma, two members of assembly ; the district of Sacramento, nine members of assembly ; and the district of San Joaquin, nine members of assembly. 15. Until the Legislature shall otherwise direct, in accordance with the provi- sions of this constitution, the salary of the governor shall be ten thousand dollars per annum ; and the salary of the lieutenant 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 sixteen dollars for every twenty miles travel by the usual route from their residences, to the place of liolding 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. 16. The limitation of the powers of the Legislature, contained in article 8th of this constitution, shall not extend to the first Legislature elected under the same, which is hereby authorized to negotiate for such amount as may be necessary to pay the expenses of the State government A. 8. BARNK.s partial criticism upon the social and political features ol the United states. The pub Ushers have now sought to adapt it as a text-book for higher seminaries of learning, For this purpose they have published the first volume as an independent woi'k, Ihi* avoiding the author's speculations upon our social habits and religions condition. Thi? volume, however, is unrautilated — the authoi' is left throughout lo speak for himself; biu where at any point he, had misapprehended our system, the defect is supplied by notes or paragi'aphs in brackets from the pen of one most thoroughly versed in the historj the legislation, the administration, and the jiu'isprudence of our country. This work wiU supply a felt deficiency in the educationid apparatus of our higher schools. Everj man who pretends to a good, and much more to a liberal education, should ma,sti.'i- ih'f principles and philosophy of the institutions ot'his country. In the hands of ajudiciouf teacher, this volume will be an admirable text-book." — The Independent. "• Having had the honor of a personal acquaintance with iM. De Tocqueville while h« was in this country; having discussed with him many of the topics treated of in thii book ; having entered deeply into the feelings and sentiments which guided and im polled him in his task, and having formed a high admiration of his character and at this production, the editor felt under some obligation to aid in procuring for one whoa he ventures to call his friend, a hearing from those who were the otijects of his ol> s»rvations.' The notes of Mr. Spencer will be found to elucidate occasional miscco csplions of the translator. It is a most judicious text-book, and ougbt to be rea« carefully by all who wish to know this country, and to trace its power, position, ani. ultimate destiny from the true source of philosophic government. Republicanism— th« people. De Tocqueville, believing the destinies of civilization to depend on the power of the people and on the principle which so grandly founded an exponent on this coi» Sinent, analyzes with jealous care and peculiar critical acumen the tendencies of the new Democracy, and candidly gives his approval of the new-born giant, or point* out and warns him of dangers which his faithful and independent philosophy foreseen We believe the perusal of his observations will have the effect of enhancing still more to ^-is American readera the structure of their government, by the clear and profoiuxi it'-'e in which he presents it." — Jimcrican Reeiew.