THE CONSTITUTIONS OF THE SEVERAL STATES OF THE UNION AND UNITED STATES, INCLUDING THE DECLAEATION OF INDEPENDENCE ARTICLES OF CONFEBERATION. TAKEN FROM AUTHENTIC DOCUMENTS. NEW YOEIC: ; PUBLISHED BY A. S. BARNES & CO., 51 JOIIN-STEEET. CINCINNATI:— H. W. DERBY & CO. 1854. A. S. BARNES & CO.'S EDITION UNITED STATES THIS EDITION CONTAINS ALL THE NEW CONSTITUTIONS Oi THE VAEIOUS STATES OF THE UNION TO THE SPRING OF 1854. CONTENTS Pagft DliiCaration op Independence, .--,---5 Constitution of the United States, ------ 9 CONSTITOTICN OF MaINE, ---------23 " " New Hampshire, ------ 47 " •' Vermont, --------69 " " Massachusetts, -------84 " " Rhode Island, - - - - - - -114 «* " Connecticut, -----.- 129 « " New York, 142 " " New Jersey, --.---. 167 ** " Pennsylvania, ------- 184 » '• Delaware, -------- 199 ■* " Maryland, 220 «« « Virginia, 243 ** " North Carolina, ------ 255 •• " South Carolina --.-._ 266 « " Georgia, ----.-.- 278 " " Florida, - - - 293 " " Alabama, -----.-. 307 «• " Mississippi, -------- 325 •• " Louisiana, -------- 341 " " Tennessee, -------- 353 " " Kentucky, -------- 375 •* " Ohio, 391 " " Indiana, -------- 404 •* " Illinois, ------.. 42>2 •* " Michigan, -------. 445 " " Missouri, -------- 457 " " Arkansas, ------.. 473 « " Texas, 491 " " Iowa, 4O6 ■ " Wisconsin, -..-.... 515 " " Califobnia - . - - 537 DECLARATION OF INDEPENDENCE. WkeNj iu the course of human events, it becomes necessary foi 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 Grod 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 ai'e 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 tas 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 rec(yds, 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 offices, 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. Eor 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 hia 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, in G-eneral 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 INDEPENDENCEo 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 J OSIAII Bartlett, William Whipple, Matthew Thornton. Massachtisetts Bay. Samuel Adams, John Adams, Egbert Treat Paine, Elbridge GtERRY. 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. Pennsylvania. Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, GrEORGE ClYMER, James Smith, George Taylor, James Wilson, George Ross. Delaioare. CiESAR 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. TVe, the undersigned, delegates of the States affixed to our names, seiid 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, Couiiecticut. New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia. Article 1. The st3de 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 consfress assembled. Art. 3. The said states hereby severally enter into a firm 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 immuuiiies of free citizens in the several states ; and the people of each state shall have free ingress and regress to and from any ARTICLES bF 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 b}' 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. Fof 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. Ill 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 any 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 XV 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 to the value of all land within each state granted to or sur- veyed for any person, as such land and the buildings and improvements thereon shall be estimated, according to such mode as the United States in congress assembled shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states, within the time agreed upon by the United States in congress assembled. 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 shall be made whereby the legislative power of the respec- tive states shall be restrained fmm imposing such imposts ARTICLES OF 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 states 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 an}' 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 hearino^and determinins^ 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 secretar}'' of con- gress shall strike in behalf of such party absent or refusing ; and the judgment and sentence of the court to be appointed in the manner before prescribed, shall be final and 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 amonsj the acts of con2[re3S 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 determinetl, 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 lalloy and value of coin struck by their own authority, or by that of the respective states; fixing the standard of weights and measures throughout the United States : regulating the trade and managing all afiairs with Indians not mem- bers of any of the states; provided, that the legislative right of any state within its own limits be not infringed or ARTICLES OF CONFEDERATION. VH 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- missioninq; all officers whatever in the service of the United States : making rules for the government and regulation of the said land and naval forces, and directing their 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 maybe 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 years : to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses : to borrow money or emit bills on the credit of the United States, transmitting every half year to the 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 congress 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 assembled. 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 CONFEDERATION. IS in congress assembled, by the consent of nine states, shall, from time to time, think expedient to vest them with ; pro- vided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states in the congress of the United States assembled is requisite. ^ 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 which, 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 perpetual; 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 entirely 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 fart and behalf of the state of New Hampshire. Josiah Bartlet, John Wentworth,juii., 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 New- York. 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 Delaware, The. M'Kean, Feb. 13, 1779, Nicholas Van. Dyke. John Dickinson, May 5th, 1779, On the part and behalf of the state of Maryland. John Hanson, March 1, 1781. Daniel Carroll, March 1, 1731, On the fart and behalf of the state of Virginia. Richard Henry Lee, Jno. Harvie, John Banister, Francis Lightfoot Lee. Thomas Adams, ARTICLES OF CONFEDERATION. XI On the. -part and behalf of the state of North-Carolina. John Penn, July 21, 1778, Jno. Williams. Corns. Harnett, On the part and behalf of the state of South- Carolina. Henry Laurens, Richard Hutson, William Henry Drayton, Thos. Hey wood, jun. Jno. Mathews, On the part and behalf of the state of Georgia, Jno. Walton, 24th July, 1778. Edwd. Langworthy. Edwd. Teinnr, [SfoTE — From the circnmstance of delegates from the same state having signed the articles of confederation at different times, as appears by the dates, it is probable ihey afSxed their names as they happened to be present in congress, after they bad been authorized by their constitaents.] [The above articles of confederation continued in force until the 4th day of March, 1789, when the constitution of the United States took effect.] CONSTITUTION OF THE UNIFED STATES. PREAMBLE. We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. Of the Legislature, SECTION I. I. 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 II. 1. The House of Bepresentatives 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-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. 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 New Hampshire shall be entitled to choose three ; Massachusetts eight ; Rhode Island and Provide7ice 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 in. 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 presi- dent pro tempore, in the absence of the Vice President, or when he shall exercise the oiSce 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. SECTION IV. 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 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. 4. Neither House during the session of Congress shall, without the consent of the other, adjourn for more than thi-ee days, nor to any other place than that in which the two Houses shall be sitting. 12 CONSTITUTION OF 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 B-epresentatives ; 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 colicct taxes, duties, imposts, and excises, to pay THE UNITED STATES. 13 the debts and provide for the common defense and general welfare of the United States ; but all duties, imposts, and excises shall be uniform throughout the United States : 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 1. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be pro- 14 CONSTITUTION OF 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 office of profit or trust under them shall, without the consent of Congress, accept of any present, emolument, office, 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 agreement 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. ARTTCLE 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 I'espectivc 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 Kepresentatives, open all the certificates, and the votes shall then be counted. The person hav- ing 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 ReprC'Sentatives 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 Tiaving 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 be eligible to the office 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, declaring what officer shall then act as President : and such officer 16 CONSTITUTION OF shall act accordingly, until the 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 any 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 II. 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 III. 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. AKTICLE 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 II. 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 affecting 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 OF AKTICLE IV. Miscellaneous. SECTION I. 1. Full faith and credit ,sliall be given in eaeli 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 II. 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 regulation therein, be discharged from such service or labor ; but shall be delivered up on claim of the party to whom such service or labor may be due. SECTION III. 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 republican form of government, and shall protect each of them against invasion ; and, on application of the legislature, or of the executive (when the legislature cannot be convened), against domes- tic violence. AETICLE 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 aff"ect 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. ARTICLE 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 and 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. k_ 20 CONSTITUTION OF NEAV HAMPSHIRE. Jolin Langdon, Nieholas Gilman. MASSACHUSETTS. Nathaniel Grorman, Eufus King. CONNECTICUT. William Samuel Johnson, Roger Sherman. NEW YORK. Alexander Hamilton. NEW JERSEY. William Livingston, David Brearly, William Patterson, Jonathan Dayton. DELAWARE. Greorge Read, Gunning Bedford, jun., John Dickinson, Richard Bassett, Jacob Broom. MARYLAND. James M'Henry, • Daniel of St. Tho. Jenifer. Daniel Carroll. VIRGINLl. ' John Blair, James Madison, jr. NORTH CAROLINA. William Blount. Richard Dobbs Spaight, Hugh Williamson. PENNSYLVANIA. Benjamin I^ranklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, Governeur Morris. Attest 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 fbr 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 UNI'^'ED STATES. 21 Art. 4. The right or the people to be secure in their persons, houses, papers, and eflFects, 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 presentme::it or indictment of a grand jnrj. except in cases arising in the land or naval forces, or in the militia when in actual service in tima 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. G. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, bj' 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-exarliined in any court of the United States than according to the rules of tho common law. Art. 8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. x\.rt. 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 thoy sliall 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, whidi list tliey 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 " 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. [^ an affirmation) under the pains and penalties of per- jury." 7S CONSTITUTION OP The Oath or Affirmation of Office. " You, , do solemnly swear (or affirm) 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 ajfrmation) under the pains and penalties of per- jury." 30. No person shall be eligible to the office of G-overnor or Lieu- tenant-Governor, 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 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 God, 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 ol^liged to pay for the purchase of any glebe, or the building of any house of worship, or for the maintainance 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 sllall 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 dign,ity 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 OP 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 suf&cient sureties, unless for capital offences, when the proof is evident, or the presumption great. XL. Every foreigner who .comes to settle in this State, having first taken an oath of allegiance to the same, may purchase, or b^ 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 thei* 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. :nts to the constitution, Made in Coyivention, June 4, 1835, and ratified by the People^ No- vember 9, to take effect January 1, 1836. AKTICLE 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-ono ; 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 General 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 popiilation 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 of 8th district, Martin ; tlie 9th district, Halifax; the 10th district, Nash; the 1 1th district, Wake; the 12th district, Franklin; the 1 3th district, Johnston ; the 14th district, Warren; the 15th dis- trict, Edgecomb ; the 16th district, Wayne ; the 17th district, Grreen and Lenoir; the 18th district, Pitt: the 19th district, Beaufort and Hyde; the 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, Gruilford ; 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 Greneral 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, Gruil- 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, Wajaie, 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 hu.ndred 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 inclusive, (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 officers, 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 officers. 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 six 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 OP the first day of January nest after his election, having previously taken the oaths of office in the presence of the members of both branches of the Greneral Assembly, or before the Chief Justice of the Supreme Court, who, in case the Governor elect should be prevented from attendance before the General Assembly, by sickness or other unavoidable cause, is authorized to administer the same. ARTICLE 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 justices of the peace and militia officers,) may be impeached for wilfully violating any article of the Constitution, maladministra- tion, or corruption. 2. Judgment 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, shaJl hold or exercise any other office or place of trust or profit under the authority of this State, or be eligible to a seat in either house of the General 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 at Port Royal, in 1670. The foUowing 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 misettled state for some tim^e, 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. 1S50, 668,507, of which 384,925 are slaves, Freo blacks, 8,769. Huguenots. SOUTH CAROLINA. 267 CONSTITUTION. We, ike Delegates of the People of the State of South Carolina^ in general Convention met, do ordain a-nd establish this Constitution for its government. ARTICLE I. Sec. 1. The legislative authority of this State shall be vested in a General 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, thx-ee members ; P]dgefield, 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 the 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 offer 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 Greek, 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;pevious 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 Representatives 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 Governor 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 officers, 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 assaxilt 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 privilegea shall not be extended so as to protect any member who shall be charged with treason, felony, or breach of the peace. 15. Bills for raising a revenue shall originate in the HouSe of Bep- 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 Bepresentatives. 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 eifect 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 Beat. 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 writ of election shall be issued by the President of the Senate, or Speaker of the House of Bepresentatives, 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 Gospel 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 II. Sec. 1. The executive authority 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- sessed 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. 1 1 . 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 Greneral 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 General Assembly, and, in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he ^hall think proper, not beyond the fourth Monday in the month of November then ensuing. AETICLE 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- linaJ' 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 Governor, Lieutenant-Governor, and all the civil officers, shall bo 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 punishment, according to law. ARTICLE VI Sec. 1. The judges of the superior courts, the commissioners of the treasury. Secretary of the State, and Surveyor-General, 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-General, shall hold their offices 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 four years, and not be again eligible for four years after the term for which they 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 VIL 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 Vin. 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 CONSTITUTION 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 Surveyor-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. 276 ARTICLE XI. 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 different 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 OF 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, imtil 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 G-otha. 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 Representatives, 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 aftdr 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, la 1732, George II. (for whom the State was named), granted this territory 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 found 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 colony, of whom more than 1500 were the poor of Europe, and for whose support the trflfetees had expended $500,000. But the trustees, being disappointed in their expectations, gave up their charter in 1753, 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. ARTICLE I. Sec. 1. The legislative, executive, and judiciary departments of government shall be distinct, and each department shall be 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." 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 persona 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 sum. 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 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 removal from office and disqualification to hold and enjoy any office of honor, trust, or profit, within thia 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 bo, 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 ^hall 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 be entitled to the following number of representatives, respectively : Camden two ; Glynn two ; Liberty three ; M'Intosh two ; Bryan one ; Chatham four ; Effingham two ; Scriven two ; Montgomery two ; Burke three ; Bullock one ; Jefl^erson three ; Lincoln two ; Elbert three ; Jackson two ; Richmond three ; Wilkes four ; Colum- 21 280 CONSTITUTION OP 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 ofiicers. 10. They shall have solely the power to impeach all persons who have been or may be in ofiice. 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, nor 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 General 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 General 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 ffelonious or in- famous offence; 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 rescue 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 Assembly, 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 spqken 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 Representatives ; but the Senate shall propose or concur with amendments, as in other bills. 17. Every bill shall be read three times and on three separate days, in each branch of the General 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 dviring 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 ofiered 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 scat, 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 my vote, and so conduct myself, as may, in my judgment, appear most conducive to the interest and prosperit}' of this State ; and 282 CONSTITUTION OP tliat I will bear true faith and allegiance to the same ; and to the utmost of my power and ability observej 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 General 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 Apalachicola, 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 284 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 General Assembly, granting a donation or gratuity in favor of any person whatever, but by the concurrence of two-thirds of the General Assembly. 25. It shall be the duty of the justices of the inferior court, or any three o:^ 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 General Assembly, at their said first session, to apportion the members of the House of Representatives among the several coun- ties, agreeably to the plans 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 nest, 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 ofiicers, civil and military, throughout the State, to be aiding and assisting in the true and faithful execution thereof In case 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 office during the term of two years, and until such time as a successor shall be cho.sen and qualified. He shall have a competent salary, established by law, which shall not be increased or GEORGIA. 285 diminislied 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 Governor 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 Governor who shall not have been a citizen of the United States twelve years, and an inhabitant of this State six j^ears, 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 whose 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 Governor, 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 bo 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 oflfences 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 liappen in the Senate or House of Representatives ; and shall have power to convene the General Assembly on extraordinary occasions ; and shall give them, from time to time, information of the state of the republic, and recommend to their consideration such measures as he may deem necessary and expedient. 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 bj' the Legislature. 1 U. He shall have the revision of all bills passed by both houseSi 286 CONSTITUTION OF before tlie same shall become laws ; but two-tbirds of botb houses may pass a law notwithstanding his dissent ; and if any bill should not be returned by the Governor 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. 11. 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 case 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 emolume,nts 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 orde^ 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. ARTICLE in. 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 diiferent 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 General Assembly. They shall have salaries aqeduate to their services, estabirshed 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 Gene- 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 temporai-y 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 mandamus, prohibition, scire facias, and all other writs which may be necessary for carrying their powers fully into effect. 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 (ft-ect, shall be commissioned by the Governor, and shall continue in office during good behavior. » 11. Sheriffs shall be appointed in such manner as the G-eneral 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 officer after the next election shall be chosen at the time of electing a senator or representative. ARTICLE IV. Skc. 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 GoA^ernor. 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 only 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 Slate, 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, bonajidc, 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. i 1. There shall be no future importation of slaves into this State, 290 (CONSTITUTION OP 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 General 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 effisct. 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 ensuifng 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 dovernor, who shall hold their otiices 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 ] 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 te a State Attorney and Solicitor elected by the Legislature, who shall hold their ofiice 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 months previous to the next ensuing biennial election for members of the General As- eembly — the provisions of this act not to go into efiect 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 ofiice of &ny 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 Attorney, 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, buf 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 confirmed 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 sisty-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 the 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 1.— 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 fibolish 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 tq 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 ofiiee, or for the right of sufi"rage, 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 p&ople 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 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 8. 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 l^is 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 ease 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 shall forever remain invio- FLORIDA. 295 late ; and that 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 ofiice 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 OP the General Assembly at the seat of government, or at a diflFerent 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 next 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 vo-te of both houses of the General Assembly, who shall continue in ofiice 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 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 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 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, except the President of the Senate, or the Speaker of the House of Representatives, when he shall hold the office, as aforesaid. 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 iu 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- raence 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 ofl&cers ; and the Senate a President and its other ofl&cers ; 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. 11. 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. 13. 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 which 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 efiect dur- ing the term for which the representatives were elected when such law passed. 18. The number of members of the House of Representatives 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 chan- cery, 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 have aj poilate jurisdiction only, which shall be coextensive 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 Greneral 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 ofiiee ; but the judges shall receive no fees or perquisites of office, 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 G-eneral 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 jurisdiction as may be prescribed by FLORIDA. 301 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." 16. 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. 302 CONSTITUTION OF 17. There shall be one solicitor for each circuit, who shall reside therein, to be elected by the joint vote of the Greneral Assembly, who shall hold his office for the term of four years, and shall receive 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, an 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 Impeachments 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 ai'my 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 sufi"rage, 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 diff"erent 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 oinee 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. 10. No minister of the gospel shall be eligible to the office of gov- ernor, senator, or member of the House of Representatives of this State. 11. Members of the General Assembly, 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 exergise the office to which I have been elected (or appointed), and will, to the best of my abilities, discharge the auties 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 Greneral Assembly, to exclude from office 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. 18. 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 two 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 YIl.— Militia. 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 X.— Education. The proceeds of all lands granted by the United States, for the use of schools, shall remain a perpetual fund — the interest of which shall be used for the benefit of said schools, and for no other purpose. ARTICLE XI This article makes it the duty of the Greneral 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 XII. 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, or 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 cent, 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, unless 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 Representa- 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 ^Yl.— 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 of&cers, 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. Alabama 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. AETICLE 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, 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 OP benefit : and, therefore, they have at all times an inalienable anrl 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 office 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 affirmation. 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 compulsory 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 offence 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 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 off"ence, 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 off'ence, be twice put in jeopardy ALABAMA. 309 of life or limb ; nor shall aoy 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. 17. 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. 18. 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 General 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 shall be killed by casualty, there shall be no forfeitm-e 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 term 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. 310 CONSTITUTION OF 29. No person shall be debarred from prosecuting or defending any civil cause, for or against him or herself, before any tribunal iu 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 II. — Distribution 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 De'partment. Sec. 1. 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, tlmt 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 county, 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 aa 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 town 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 -/r 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, tintil after the nest 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 next 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 manner and under such Denalties, 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 thinjc 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 ia convened; nor shall any member be liable to answer for -anything spoken in debate in either house, in any court or place elsewhere. 20. 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 effect 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 Greneral 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 General 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 Greneral Assembly to be held in the year one thousand eight hundred and twenty -five ; during that session the General 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 Governor of the State of Alabama. 2. The Governor 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 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 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 ma}' require information in writing from the officers in the executive depaitment 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. 10. 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 until 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 official 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 of&ces, the appointment to which is vested in the General 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 next 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 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 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 efi"ect, be approved by him ; or being disapproved, shall be re-passed by both houses, according to the rules and limitations prescribed in the ease 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 retvirn 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 Eepresentatives, 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 Governor 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 next 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. 1. 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 eqixity, 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 bo 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 equ.ity 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 ofiice : 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 Assemlaly ; 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, until the end of the said session, at which time their commissions shall expire. 1 4. 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-six, the General Assembly may prescribe a difierent mode of appointment, but shall not make such appointment. 16. The judges of the Supreme Court shall, by virtue of their 320 CONSTITUTION OP 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. 17. 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-Genei'al 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 Ptepresentatives 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 cf 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. 1 1. 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 cases 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. 1.5. 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, iu 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 G-eneral 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, as 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 choose 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 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 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 i f such lands as have been or may be hereafter granted ALABAMA. 323 by tlie 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 G eneral 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 Dank 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 the 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 OF ALABAMA. Slave'i. Sec. 1. The Greneral 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 ■^vo^Qrij 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 OAvners 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 ease of insurrection of such slave. Mode of Amending and Revising the Constitution. The G-eneral 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 house 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 3lst degree of north latitude, was in the chartered limits of Georgia ; south of that belonged to West Florida. This part was ceded to the United States by Spain, in 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, 45,7G0 sq. miles. Pop. in 1850, 592,853, of whom 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 in 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 suffer 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 seizures and searches ; and that no warrant to search any place, or to seize any person or tiling, 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 affirmation. 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 jury of the county where 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. 1 1 . 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 the 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 oflFence, 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 required, 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 ofiice, or for the right of suffrage, shall ever be required by law in this State. 21. That the estates of suicides sliall 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 militar}^ 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 11.— 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 Department. Sec. 1. Every free 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 four months within the county, city or town in which he ofi"ers 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 have 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, by 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 commencement 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 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. 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. A7id 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- I'idcd, 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. 11. 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 boob- 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 sena'tor 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 Representatives, when assembled, shall choose a Speaker and its other ofiicers, and the Senate shall choose a President and its ofiicers, 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 ovfu 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 Governor, 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. The doors of each house shallbe 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 any other place than that iu 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 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 ; 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 bolder 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 OF 29. The first election for senators and representatives shall 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-General, 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 sis 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 aa 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." 18. 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 OF idiotcy and lunacy, and of persons non covi'pos mentis ; the judge of said court shall be elected by the qualified electors of the respective 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 offices 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 board 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-General 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 Governor 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, sheriflfs, and other county officers, 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. ARTICLE V. — Executive Department. 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 Gorernor 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 nest preceding the day of his election, and shall not be capable of holding the office more than four years in any term of six years. 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. 5. He shall be commander-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 eases 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 OP 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 until the end of the next session of the Legislature. 11. AH 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 Governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the Legislature, and shall perform such other duties as may be required of him by law. 15. Every bill which shall have passed both houses of the Legis- lature 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, 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 Governor 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 retui'n, 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 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 pre- scribed in the case of a bill. 1 7. Whenever the ofl&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 qualified. 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 YL— 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 Grovernor, 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 disqualification to hold any office of honor, trust, or profit iinder 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. AKTICLE Yll.— GeJieral 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 Constitution 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 m.e God." 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 GocV 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 offered 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 God, 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 treasui-er 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 loan 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 nest 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. n. 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 p"ublic 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. Pieligion, 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. 18. The Legislature shall have power to aject, which shall be clearly expressed in its title ; and no law shall be revived, or amended, unless the new act contain the entire act revived, or the section or sections amend- ed ; and the section, or sections, so amended, shall be repealed. 17. The presiding officer of each house shall sign, publicly in the presence of the house over w^hich he presides, while the same is in session, and capable of transacting business, all bills and joint reso- lutions passed by the General Assembly. 18. The style of the laws of this State shall be, "i?e it enacted by the General Assembly of the State of Ohio^ 19. No Senator or Representative shall, during the term for which he shall have been elected, or for one year thereafter, be appointed to any civil office under this State, which shall be created or the emoluments of which, shall have been increased during the term for which he shall have been elected, 20. The General Assembly, in cases not provided for in this con- stitution, shall fix the term of office and the compensation of all offi- cers ; but no change therein shall affect the salary of any officer dur- ing his existing term, unless the office be abolished. 21. The General Assembly shall determine, by law, before what authority, and in what manner, the trial of contested elections shall be conducted. 22. No money shall be drawn from the treasury, except in pursu- ance of a specific appropriation, made by law ; and no appropriation shall be made for a longer period than two years. 23. The House of Representatives shall have the sole power of impeachment, but a majority of the members elected must concur therein. Impeachments shall be tried by the Senate ; and the Sen- ators, when sitting for that purpose, shall be upon oath or affir- mation to do justice according to law and evidence. No person shall be convicted, without the concurrence of two-thirds of the Senators. 24. The Governor, Judges, and all State officers, may be im- peached for any misdemeanor in office ; but judgment shall not ex- tend further than removal from office, and disqualification to hold any office, under the authority of this State. The party impeached, 396 CONSTITUTION OF whether convicted or not, shall be liable to indictment, trial, and judgment, according to law. 25. All regular sessions of the General Assembly shall commence on the first Monday of January, biennially. The first session, under this constitution, shall commence on the first Monday of January, one thousand eight hundred and fifty two. 26. All laws, of a general nature, shall have a uniform operation throughout the State ; nor, shall any act, except such as relates to public schools, be passed, to take effect upon the approval of any other authority than the General Assembly, except, as otherwise provided in this constitution. 27. The election and appointment of all officers, and the filling of all vacancies, not otherwise provided for by this constitution, or the constitution of the United States, shall be made in such manner as may be directed by law ; but no appointing power shall be exercised by the General Assernbly, except as prescribed in this constitution, and in the election of United States Senators ; and in these cases, the vote shall be taken " viva vocey 28. The General Assembly shall have no power to pass but may, by general laws, authorize courts to carry into effect, upon such terms as shall be just and equitable, the manifest intention of par- ties, and officers, by curing omissions, defects, and errors, in instru- ments and proceedings, arising out of their want of conformity with the laws of this State. 29. No extra compensation shall be made to any officer, public agent, or contractor, after the service shall have been rendered, or the contract entered into ; nor, shall any money be paid, on any claim, the subject matter of which shall not have been provided for by pre-existing law, unless such compensation, or claim, be allowed by two-thirds of the members elected to each branch of the General Assembly. 30. No new county shall contain less than four hundred square miles of territory, nor, shall any county be reduced below that amount ; and all laws creating new counties, changing county lines, or removing county seats, shall, before taking effect, be submitted to the electors of the several counties to be affected thereby, at the next general election after the passage thereof, and be adopted by a majority of all the electors voting at such election, in each of said counties ; but any county now or hereafter containing one hundred thousand inhabitants, may be divided, whenever a majority of the voters, residing in each of the proposed divisions, shall approve of the law passed for that purpose ; but, no town or city within the same, shall be divided, nor, shall either of the divisions contain less than twenty thousand inhabitants. 31. The members and officers of the General Assembly shall re- ceive a fixed compensation, to be prescribed by law, and no other allowance or perquisites, either in the payment of postage or other- OHIO. 397 wise ; and no change in their compensation shall take effect during their term of office. 32. The General Assembly shall grant no divorce, nor, exercise any judicial power, not herein expressly conferred. ARTICLE 111— Executive. Sec. 1. The Executive Department shall consist of a governor, lieutenant governor, secretary of state, auditor, treasurer, and an at- torney general, who shall be chosen by the electors of the State, on the second Tuesday of October, and at the places of voting for mem- bers of the General Assembl}^ 2. The governor, lieutenant governor, secretary of state, treasurer, and attorney general shall hold their offices for two years ; and the auditor for f)ur years. Their terms of office shall commence on the second Monday of January next afteir their election, and continue until their successors are elected and qualified. 3. The, returns of every election for the officers, named in the fore- going section, shall be sealed up and transmitted to the seat of go- vernment, by the returning officers, directed to the President of the Senate, who, during the first week of the session, shall open and publish them, and declare the result, in the presence of a majority of the members of each house of the General Assembly. The person having the highest number of votes shall be declared duly elected ; but if any two or more shall be highest, and equal in votes, for the same office, one of them shall be chosen by the joint vote of both houses. 4. Should there be no session of the General Assembly in January next after an election for any of the officers aforesaid, the returns of such election shall be made to the secretary of state, and opened, and the result declared by the Governor, in such manner as may be provided by law. 5. The supreme executive power of this State shall be vested in the Governor. 6. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices ; and shall see that the laws are faithfully executed. 7. He shall communicate at every session, by message, to the General Assenibly, the condition of the State, and recommend such measures as he shall deem expedient. 8. He may, on extraordinary occasions, convene the General As- sembly by proclamation, and shall state to both houses, when assem- bled, the purpose for which they have been convened. 9. In case of disagreement between the two houses, in respect to the time of adjournment, he shall have power to adjourn the Gene- ral Assembly to such time as he may think proper, but not beyond the regular meetings thereof 10. He shall be commander-in-chief of the military and naval 398 CONSTITUTION OP forces of the State, except when they shall be called into the service of the United States. 11. He shall have power, after conviction, to grant reprieves, com- mutations, and pardons, for all crimes and offences, except treason and cases of impeachment, upon such conditions as he may think proper ; subject, however, to such regulations, as to the manner of applying for pardons, as may be prescribed by law. Upon conviction for treason, he may suspend the execution of the sentence, and re- port the case to the General Assembly, at its next meeting, when the General Assembly shall either pardon, commute the sentence, direct its execution, or grant a further reprieve. He shall communi- cate to the General Assembly, at every regular session, each case of reprieve, commutation, or pardon granted, stating the name and crime of the convict, the sentence, its date, and the date of the com- mutation, pardon, or rej^rieve, with his reasons therefor. 12. There shall be a seal of the State, which shall be kept by the Governor, and used by him officially ; and shall be called " The Great Seal of the State of Ohio." 13. All grants and commissions shall be issued in the name, and by the authority, of the State of Ohio ; sealed with the Great Seal ; signed by the Governor, and countersigned by the Secretary of State. 14. No member of Congress, or other person holding office under the authority of this State, or of the United States, shall execute the office of Governor, except as herein provided. 15. In case of the death, impeachment, resignation, removal, or other disability of the Governor, the powers and duties of the office, for the residue of the term, or until he shall be acquitted, or the dis- ability removed, shall devolve upon the Lieutenant Governor. 16. The Lieutenant Governor shall be President of the Senate, but shall vote only when the Senate is equally divided ; and in case of his absence, or impeachment, or when he shall exercise the office of Governor, the Senate shall choose a President pro temjoore. 17. If the Lieutenant Governor, while executing the office of Go vernor, shall be impeached, displaced, resign or die, or otherwise be- come incapable of performing the duties of the office, the' President of the Senate shall act as Governor, until the vacancy is filled, or the disability removed ; and if the President of the Senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of Governor, the same shall devolve upon the Speaker of the House of Representatives. 18. Should the office of auditor, treasurer, secretary, or attorney general, become vacant, for any of the causes specified in the fifteenth section of this article, the Governor shall fill the vacancy until the disability is removed, or a successor elected and qualified. Every such vacancy shall be filled by election, at the first general election that occurs more than thirty days after it shall have happened ; and the person chosen shall hold the office for the full term fixed in the second section of this article. onio. 899 19. The officers mentioned in this article, shall, at stated times, receive, for their services, a compensation to be established by law, which shall neither be increased nor diminished during the period for which they shall have been elected. 20. The officers of the executive department, and of the public State Institutions, shall, at least five days preceding each regular session of the General Assembly, severally report to the Governor, who shall transmit such reports, with his message, to the General Assembly. ARTICLE lY.— Judicial Sec. 1. The judicial power of the State shall be vested in a supreme court, in district courts, courts of common pleas, courts of probate, justices of the peace, and in such other courts, inferim- to the supreme court, in one or more counties, as the General Assembly, may from time to time establish. 2. The supreme court shall consist of five judges, a majority of whom shall be necessary to form a quorum, or to pronounce a deci- sion. It shall have original jurisdiction in quo warranto, mandamus, habeas corpus, and procedendo, and such appellate jurisdiction as may be provided by law. It shall hold at least one term in each year, at the seat of government, and such other terms, at the seat of government, or elsewhere, as may be provided by law. The Judges of the supreme court shall be elected, by the electors of the State at large. 3. The State shall be divided into nine common pleas districts, of which the county of Hamilton shall constitute one, of compact terri- tory, and bounded by county lines; and each of said districts, con- sisting of three or more counties, shall be sub-divided into three parts, of compact territory, bounded by county lines, and as nearly equal in population as practicable ; in each of which, one Judge of the court of common pleas for said district, and residing therein, shall be elected by the electors of said sub-division. Courts of com- mon pleas shall be held, by one or more of these Judges, in every county in the district, as often as may be provided by law ; and more than one court, or sitting thereof, may be held at the same time in each district. 4. The jurisdiction of the courts of common pleas, and of the Judges thereof, shall be fixed by law. 5. District courts shall be composed of the Judges of the court of common pleas of the respective districts, and one of the Judges of the supreme court, any three of whom shall be a quorum, and shall be held in each county therein, at least once in each year ; but, if it shall be found inexpedient to hold such court annually, in each county, of any district, the General Assembly ma}^, for such district, provide that said court shall hold at least three annual sessions therein, in not less than three places : Provided, that the General Assembly 400 CONSTITUTION OF may, by law, authorize the Judges of each district to fix the times of holding the courts therein. 6. The district court shall have like original jurisdiction with the supreme court, and such appellate^ jurisdiction as may be provided by law. 7. There shall be established in each county, a Probate court, which shall be a court of record, open at all times, and holden by one Judge, elected by the voters of the county, Avho shall hold his office for the term of three years, and shall receive such compensation, payable out of the county treasury, or by fees, or both, as shall be provided by law. 8. The Probate court shall have jurisdiction in probate and testa- mentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, admistrators and guard- ians, and such jurisdiction in habeas corpus, the issuing of marriage licences, and for the sale of land by executors, administrators and guardians, and such other jurisdiction, in any county, or counties, as may be provided by law. 9. A competent number of justices of the peace shall be elected, by the electors, in each township in the several counties. Their term of office shall be three years, and their powers and duties shall be regulated by law. 10. All Judges, other than those provided for in this constitution, shall be elected by the electors of the judicial district for which they may be created, but not for a longer term of office than five years. 11. The Judges of the Supreme Court shall, immediately after the first election under this constitution, be classified by lot, so that one shall hold for the term of one year, one for two years, one for three years, one for four years, and one for five years ; and, at all subse- quent elections, the term of each of said Judges shall be for five years. 12. The Judges of the courts of common pleas shall, while in office, reside in the district for which they are elected : and their term of office shall be for five years. 13. In case the office of any Judge shall become vacant, before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the Governor, until a successor is elected and qualified ; and such successor shall be elected for the unexpired term, at the first annual election that occurs more than thirty days after the vacancy shall have happened. 14. The Judges of the supreme court, and of the court of common pleas, shall, at stated times, receive, for their services, such compen- sation as may be provided by law, which shall not be diminished, or increased, during their term of office ; but they shall receive no fees or perquisites, nor hold any other office of profit or trust, under the authority of this State, or the United States. All votes for either of them, for any elective office, except a judicial office, under the authority of this State, given by the General Assembly, or the people, shall be void. OHIO. 401 15. The General Assembly may increase or diminish the number of the Judges of the supreme court, the number of the districts of the court of common pleas, the number of Judges in any district, change the districts, or the subdivisions thereof, or establish other courts, whenever two-thirds of the members elected to each house shall concur therein ; but, no such change, addition, or diminution, shall vacate the office of any Judge. 16. There shall be elected in each county, by the electors thereof, one clerk of the court of common pleas, Avho shall hold his office for the term of three years, and until his successor shall be elected and qualified. He shall, by virtue of his office, be clerk of all other courts of record held therein ; but, the General Assembly may pro- vide, by law, for the election of a clerk, with a like term of office, for each or any other of the courts of record, and may authorize the Judge of the Probate court to perform the duties of clerk for his court, under such regulations as may be directed by law. Clerks of (Courts shall be removable for such cause, and in such manner, as shall be prescribed by law. 17. Judges may be removed from office, by concurrent resolution of both houses of the General Assembly, if two-thirds of the mem- bers, elected to each house, concur therein ; but, no such removal shall be made, except upon complaint, the substance of which shall be entered on the journal, nor, until the party charged shall have had notice thereof, and an opportunity to be heard. 18. The several Judges of the supreme court, of the common pleas, and of such other courts as may be created, shall, respectively, have and exercise such power and jurisdiction, at chambers, or other- wise, as may be directed by law. 19. The General Assembly may establish courts of Conciliation, and prescribe their powers and duties ; but such courts shall not render final judgment, in any case, except upon submission, by the parties, of the matter in dispute, and their agreement to abide such judgment. 20. The style of all process shall be, " The State of Ohio ;" all prosecutions shall be carried on, in the name, and by the authority, of the State of Ohio; and all indictments shall conclude, "against the peace and dignity of the State of Ohio." ARTICLE Y.— Elective Franchise. 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 one year next preceding the election, and of the county, township, or ward, in which he resides, such time as may be provided by law, shall have the qualifications of an elector, and be entitled to vote at all elections. 2. All elections shall be by ballot. 3. Electors, during their attendance at elections, and in going to, 402 CONSTITUTION OF and returning therefrom, shall be privileged from arrest, in all cases, except treason, felony, and breach of the peace. 4. The General Assembly shall have power to exclude from the privilege of voting, or of being eligible to office, any person con- victed of bi'ibery, perjury, or otherwise infamous crime. 5. No person in the Military, Naval, or Marine service of the United States, shall, by being stationed in any garrison, or military, or naval station, within the State, be considered a resident of this State. 6. No idiot, or insane person, shall be entitled to the privileges of an elector. ARTICLE NL— Education. Sec. ]. The principal of all funds, arising from the sale, or other disposition of lands, or other property, granted or entrusted to this State for educational and religious purposes, shall forever be pre- served inviolate, and undiminished ; and, the income arising there- from, shall be faithfully applied to the specific objects of the original grants, or appropriations. 2. The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the State ; but, no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this State. ARTICLE VII. — Public Institutions. Sec. 1. Institutions for the benefit of the insane, blind, and deaf and dumb, shall always be fostered and supported by the State ; and be subject to such regulations as may be prescribed by the General As- sembly. 2. The directors of the Penitentiary shall be appointed or elected in such manner as the General Assembly may direct ; and the trus- tees of the benevolent, and other State institutions, now elected by the General Assembly, and of such other State institutions as may be hereafter created, shall be appointed by the Governor, by and with the advice and consent of the Senate ; and, upon all nomina- tions made by the Governor, the question shall be taken by yeas and nays, and entered upon the journals of the Senate. 3. The Governor shall have power to fill all vacancies that may occur in the offices aforesaid, until the next session of the General Assembly, and, until a successor to his appointee shall be confirmed and qualified. ARTICLE Nm.-— Public Debt and Public Works. Sec. 1. The State may contract debts, to supply casual deficits or failures in revenues, or to meet expenses not otherwise provided for ; but the aggregate amount of such debts, direct and contingent, OHIO. 403 whether contracted by virtue of one or more acts of the General As- sembly, or at different periods of time, shall never exceed seven hundred and fifty thousand dollars ; and the money, arising from the creation of such debts, shall be applied to the purpose for which it was obtained, or to repay the debts so contracted, and to no other purpose whatever. 2. In addition to the above limited power, the State may contract debts to repel invasion, suppress insurrection, defend the State in war, or to redeem the present outstanding indebtedness of the State : but the money, arising from the contracting of such debts, shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever ; and all debts, incurred to redeem the present outstanding indebtedness of the State, shall be so contracted as to be payable by the sinking fund, hereinafter pro- vided for, as the same shall accumulate. 3. Except the debts above specified in sections one and two of this article, no debt whatever shall hereafter be created by, or on behalf of the State. 4. The credit of the State shall not, in any manner, be given or loaned to, or in aid of, any individual association or corporation whatever ; nor shall the State ever hereafter become a joint owner, or stockholder, in any company or association, in this State, or else- where, formed for any purpose whatever. 5. The State shall never assume the debts of any county, city, town, or township, or of any coi-poration whatever, unless such debt shall have been created to repel invasion, suppress insurrection, or defend the State in war. 6. The General Assembly shall never authorize any county, city, town, or township, by vote of its citizens, or otherwise, to become a stockholder in any joint stock company, corporation, or association whatever ; or to raise money for, or loan its credit to, or in aid of, any such company, corporation, or association. 7. The faith of the State being pledged for the payment of its public debt, in order to provide therefor, there shall be created a sinking fund, which shall be sufficient to pay the accruing interest on such debt, and, annually, to reduce the principal thereof, by a sum not less than one hundred thousand dollars, increased yearly, and each and every year, by compounding, at the rate of six per cent. per annum. The said sinking fund shall consist of the net annual income of the public works and stocks owned by the State, of any other funds or resources that are, or may be, provided by law, and of such further sum, to be raised by taxation, as may be required for the purposes aforesaid. 8. The Auditor of State, Secretary of State, and Attorney Gene- ral, are hereby created a board of commissioners, to be styled, "The Commissioners of the Sinking Fund." 9. The commissioners of the sinking fund shall, immediately pre- ceding each regular session of the General Assembly, make an esti- 403 a CONSTITUTION OF mate of the probable amount of the fund, provided for in the seventh section of this article, from all sources except from taxation, and re- port the same, together with all their proceedings relative to said fund and the public debt, to the Governor, who shall transmit the same with his regular message, to the General Assembly ; and the General Assembly shall make all necessary provision for raising and disbursing said sinking fund, in pursuance of the provisions of this article. 10. It shall be duty of the said Commissioners faithfully to apply said fund, together with all moneys that may be, by the General Assembly, appropriated to that object, to the payment of the inter- est, as it becomes due, and the redemption of the principal of the public debt of the State, excepting only, the school and trust funds held by the State. 11. The said Commissioners shall, semi-annually, make a full and detailed report of their proceedings to the Governor, who shall im- mediately cause the same to be published, and shall also communi- cate the same to the General Assembly, forthwith, if it be in session, and if not, then at its first session after such report shall be made, 12. So long as this State shall have public works, which require superintendence, there shall be a Board of Public Works, to consist of three members, who shall be elected by the people, at the first general election after the adoption of this Constitution, one for the term of one year, one for the term of two years, and one for the term of three years; and one member of said Board shall be elected annually thereafter, who shall hold his office for three years. 13. The powers and duties of said Board of Public Works, and its several members, and their compensation, shall be such as now are, or may be prescribed by law. ARTICLE IX.— Militia. Sec. 1. All white male citizens, residents of this Stkte, being eighteen years of age, and under the age of forty five years, shall be enrolled in the militia, and perform military duty, in such manner, not incompatible with the Constitution and laws of the United States, as may be prescribed by law. 2. Majors General, Brigadiers General, Colonels, Lieutenant Col- onels, Majors, Captains, aud Subalterns, shall be elected by the per- sons subject to military duty, in their respective districts. 3. Th^ Governor shall appoint the Adjutant General, Quarter Master General, and such other staff officers, as may be provided for by law. Majors General, Brigadiers General, Colonels or Command- ants of Regiments, Battalions, or Squadrons, shall, severally, appoint their staff, and Captains shall appoint their non-commissioned officers and musicians. 4. The Governor shall commission all officers of the line and staff; ranking as such ; and shall have power to call forth the Mib'tia, OHIO. b 403 to execute the laws of the State, to suppress insurrection and repel invasion, 5. The General Assembly shall provide, by law, for the protection and safe keeping of the public arms. ARTICLE X. — Coimti/ and Township Organizations, Sec. 1. The General Assembly shall provide, by law, for the election of such county and township officers as may be necessary. 2. County officers shall be elected on the second Tuesday of Octo- ber, until otherwise directed by law, by the qualified electors of each county, in such manner, and for such term, not exceeding three years, as may be provided by law. 3. No person shall be eligible to the office of Sheriff, or County Treasurer, for more than four years, in any period of six years. 4. Township officers shall be elected on the first Monday of April, annually, by the qualified electors of their respective townships, and shall hold their offices for one year, from the Monday next succeed- ing their election, and until their successors are qualified. 5. No money sJiall be drawn from any county or township trea- sury", except by authority of law. 6. Justices of the peace, and county and township officers, may be removed, in such manner and for such cause, as shall be prescribed by law. 7. The Commissioners of Counties, the trustees of Townships, and similar boards, shall have such power of local taxation, for police purposes, as may be prescribed by law. ARTICLE XI. — Apportionment. Sec. 1. The apportionment of this State for members of the General Assembly, shall be made every ten years, after the year one thousand eight hundred and fifty one, in the following manner : The whole population of the State, as ascertained by the federal census, or in such other mode as the General Assembly may direct, shall be divided by the number " One hundred," and the quotient shall be the ratio of representation in the House of Representatives, for ten years next succeeding such apportionment. 2. Every county, having a population equal to one half of said ratio, shall be entitled to one representative ; every county, contain- ing said ratio, and three-fourths ovei", shall be entitled to two Repre- sentatives ; every county, containing three times said ratio, shall be entitled to three Representatives: and so on, requiring after the first two, an entire ratio for each additional Representative. 3. When any county shall have a fraction above the ratio, so large, that being multiplied by five, the result will be equal to one or more ratios, additional Representatives shall be apportioned for such ratios, among the several sessions of the decennial period, in the following manner : If there be only one ratio, a Representative shall be allotted to the fifth session of the decennial period ; if there 403 c CONSTITUTION OF are two ratios, a Representative shall be allotted to the fourth and third sessions, respectively ; if three, to the third, second, and first sessions, respectively ; if four, to the fourth, third, second, and first sessions, respectively. 4. Any county, forming with another county or counties, a Eepre- sentative district, during one decennial period, if it have acquired sufficient population at the next decennial period, shall be entitled to a separate representation, if there shall be left, in the district from which it shall have been separated, a population sufficient for a Re- presentative ; but no such change shall be made, except at the regu- lar decennial period for the apportionment of Representatives. 5. If, in fixing any subsequent ratio, a county, previously entitled to a separate representation, shall have less than the number re- quired by the new ratio for a Representative, such county shall be attached to the county adjoining it, having the least number of in- habitants ; and the representation of the district, so formed, shall be determined as herein provided. 6. The ratio for a Senator shall, forever hereafter, be ascertained, by dividing the whole population of the State, by the number ithirty- five. 7. The State is hereby divided into thirty -three Senatorial dis- tricts, as follows : the county of Hamilton shall constitute the first Senatorial district; the counties of Butler and Warren, the second; Montgomery and Preble, the third; Clermont and Brown, the fourth ; Greene, Clinton and Fayette, the fifth ; Ross and Highland, the sixth; Adams, Pike, Scioto and Jackson, the seventh; Law- rence, Gallia, Meigs and Vinton, the eighth : Athens, Hocking and Fairfield, the ninth; Franklin and Pickaway, the tenth; Clark, Champaign and Madison, the eleventh ; Miama, Darke and Shelby, the twelfth ; Logan, Union, Marion and Hardin, the thirteenth ; Washington and Morgan, the fourteenth ; Muskingum and Perry, the fifteenth ; Delaware and Licking, the sixteenth ; Knox and Mor- row, the seventeenth ; Coshocton and Tuscarawas, the eighteenth ; Guernsey and Monroe, the ninetenth ; Belmont and Harrison, the twentieth ; Carroll and Stark, the twenty-first ; Jefferson and Colum- biana, the twenty -second ; Trumbull and Mahoning, the twenty- third ; Ashtabula, Lake and Geauga, the twenty -fourth ; Cuyahoga, the twenty-fifth; Portage and Summit, the twenty-sixth; Medina and Lorain, the twenty -seventh ; Wayne and Holmes, the twenty- eighth ; Ashland and Richland, the twenty -ninth ; Huron, Erie, Sandusky and Ottawa, the thirtieth ; Seneca, Crawford and Wyan- dot, the thirty-first ; Mercer, Auglaize, Allen, Vanwert, Paulding, Defiance and Williams, the thirty-second; and Hancock, Wood, Lucas, Fulton, Henry and Putnam, the thirty-third. For the first decennial period, after the adoption of this constitution, each of said districts shall be entitled to one Senator, except the first district, which shall be entitled to three Senators. 8. The same rules shall be applied, in apportioning the fractions OHIO. c?408 of Senatorial districts, and in annexing districts, which may hereafter have less than three-fourths of a Senatorial ratio, as are applied to Representative districts. 9. Any county forming part of a Senatorial district, having ac- quired a population equal to a full senatorial ratio, shall be made a separate Senatorial district, at any regular decennial apportionment, if a full Senatorial ratio shall be left in the district from which it shall be taken. 10. For the first ten years, after the year one thousand eight hundred and fifty-one, the apportionment of Representatives shall be as provided in the schedule, and no change shall ever be made in the principles of representation, as herein established, or in the Senatorial districts, except as above provided. All territory, be- longing to a county at the time of any apportionment, shall, as to the right of representation and suffrage, remain an integral part thereof, during the decennial period. 11. The Governor, Auditor, and Secretary of State, or any two of them, shall, at least six months prior to the October election, in the year one thousand eight hundred and sixty- one, and, at each decennial period thereafter, ascertain and determine the ratio of re- presentation, according to the decennial census, the number of Re- presentatives and Senators each county or district shall be entitled to elect, and for what years, within the next ensuing ten years, and the Governor shall cause the same to be published, in such manner as shall be directed by law. JUDICIAL APPORTIONMENT. Sec. 12. For Judicial purposes, the State shall be apportioned as follows : The county of Hamilton, shall constitute the first district, which shall not be subdivided ; and the Judges therein, may hold separate courts, or separate sittings of the same court, at the same time. The counties of Butler, Preble and Darke, shall constitute the first subdivision, Montgomery, Miami and Champaign, the second, and Warren, Clinton, Greene, and Clark, the third subdivision, of the second district ; and, together, shall form such district. The counties of Shelby, Auglaize, Allen, Hardin, Logan, Union and Marion shall constitute the first subdivision, Mercer, Van Wert, Putnam, Paulding, Defiance, Williams, Henry and Fulton, the second, and Wood, Seneca, Hancock, Wyandot and Crawford, the third subdivision, of the third district ; and, together, shall form such district. The counties of Lucas, Ottawa, Sandusky, Erie and Huron, shall constitute the first subdivision, Lorain, Medina and Summit, the second, and the county of Cuyahoga, the third subdivision, of the fourth district ; and, together, shall form such district. The counties of Clermont, Brown and Adams, shall constitute the first subdivision. Highland, Ross and Fayette, the second ; and Pick- 30 403 e CONSTITUTION OF away, Franklin and Madison, the third subdivision, of the fifth dis- trict ; and, together, shall form such district. The counties of Licking, Knox and Delaware, shall constitute the first subdivision. Morrow, Richland and Ashland, the second, and Wayne, Holmes and Coshocton, the third subdivision, of the sixth district ; and, together, shall form such district. The counties of Fairfield, Periy and Hocking, shall constitute the first subdivision, Jackson, Vinton, Pike, Scioto and Lawrence, the second, and Gallia, Meigs, Athens and Washington, the third subdi- vision, of the seventh district; and, together, shall form such district. The counties of Muskingum and Morgan, shall constitute the first subdivision, Guernsey, Belmont and Monroe, the second, and Jeffer- son, Harrison and Tuscarawas, the third subdivision, of the eighth district; and, together, shall form such district. The counties of Stark, Carroll and Columbiana, shall constitute the first subdivision, Trumbull, Portage and Mahoning, the second, and Geauga, Lake and Ashtabula, the third subdivision, of the ninth district ; and, together, shall form such district. 13. The General Assembly shall attach any new counties, that may -hereafter be erected, to such districts, or subdivisions thereof, as shall be most convenient. ARTICLE XIL — Fi7iance and Taxation. Sec. 1. The levying of taxes, by the poll, is grievous and oppres- sive ; therefore, the General Assembly shall never levy a poll tax, for county or State purposes. 2. Laws shall be passed, taxing, by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or other- wise ; and also all real and personal property, according to its true value in money ; but burying grounds, public school houses, houses used exclusively for public worship, institutions of purely public charity, public property used exclusively for any public purpose ; and personal property, to an amount not exceeding in value two hundred dollars, for each individual, may, by general laws, be ex- empted from taxation : but, all such laws shall be subject to altera- tion or repeal ; and the value of all property, so exempted, shall, from time to time, be ascertained and published, as may be directed by law. 3. The General Assembly shall provide, by law, for taxing the notes and bills discounted or purchased, moneys loaned, and all other property, effects, or dues of every description, (without deduction,) of all Banks, now existing, or hereafter created, and of all bankers, 80 that all property employed in banking, shall always bear a burden of taxation, equal to that imposed on the property of individuals, 4. The General Assembly shall provide for raising revenue, suffi- cient to defray the expenses of the State, for each year, and also a sufficient sum to pay the interest on the State debt. 5. No tax shall be levied, except in pursuance of law ; and every OHIO. /403 law imposing a tax, shall state, distinctly, the object of the same, to which only, it shall be applied. 6. The State shall never contract any debt for purposes of inter- nal improvement. ARTICLE Xlll— Corporations. Sec. 1. The General Assembly shall pass no special act confer- ring corporate powers. 2. Corporations may be formed under general laws; but all such laws may, from time to time, be altered, or repealed. 3. Dues from corporations shall be secured, by such individual liability of the stockholders, and other means, as may be prescribed by law ; but, in all cases, each stockholder shall be liable, over and above the stock by him or her owned, and any amount unpaid thereon, to a further sum, at least equal in amount to such stock. 4. The property of corporations, now existing or hereafter created, shall forever be subject to taxation, the same as the property of in- dividuals. 5. No right of way shall be appropriated to the use of any corpo- ration, until full compensation therefor be first made in money, or first secured by a deposit of money, to the owner, irrespective of any benefit from any improvement proposed by such corporation : which compensation shall be ascertained by a jury of twelve men, in a court of record, as shall be prescribed by law. 6. The General Assembly shall provide for the organization of cities, incorporated villages, by general laws ; and restrict their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, so as to prevent the abuse of such power. 7. No act of the General Assembly, authorizing associations with banking powers, shall take effect ; until it shall be submitted to the people, at the general election next succeeding the passage thereof, and be approved by a majority of all the electors, voting at such election. ARTICLE X\Y.— Jurisprudence. Sec. 1. The General Assembly, at its first session after the adop- tion of this Constitution, shall provide for the appointment of three Commissioners, and prescribe their tenure of office, compensation, and the mode of filling vacancies in said commission. 2. The said conmiissioners shall revise, reform, simplify and abridge, the practice, pleadings, forms, and proceedings of the Courts of record of this State ; and, as far as practicable and expedient, shall provide for the abolition of the distinct forms of action at law, now in use, and for the administration of justice by a uniform mode of proceeding, without reference to any distinction between law and equity. 3. The proceedings of the Commissioners shall, from time to ,time, 40^^ CONSTITUTION OF be reported to the General Assembly, and be subject to the action of that body. ARTICLE XY.— Miscellaneous. Sec. 1. Columbus shall be the seat of government, until otherwise directed by law. 2. The printing of the laws, journals, bills, legislative documents and papers for each branch of the General Assembly, with the print- ing required for the Excutive and other departments of State, shall be let, on contract, to the lowest responsible bidder, by such Execu- tive officers, and in such manner, as shall be prescribed by law. 3. An accurate and detailed statement of the receipts and expen- ditures of the public money, the several amounts paid, to whom, and on what account, shall, from time to time, be published, as shall be prescribed by law. 4. No person shall be elected or appointed to any office in this State, unless he possess the qualifications of an elector. 5. No person who shall hereafter fight a duel, assist in the same as second, or send, accept, or knowingly carry, a challenge therefor, shall hold any office in this State. 6. Lotteries, and the sale of lottery tickets, for any purpose what- ever, shall forever be prohibited in this State. 7. Every person chosen or appointed to any office under this State, before entering upon the discharge of its duties, shall take an oath or affirmation, to support the Constitution of the United States, and of this State, and also an oath of office. 8. There may be established, in the Secretary of State's Office, a bureau of statistics, under such regulations as may be prescribed by law. ARTICLE XNL— Amendments. Skc. 1. Either branch of the General Assembly may propose amendments to this constitution; and, if the same shall be agreed to, by three-fifths of the members elected to each house, such pro- posed amendments shall be entered on the journals, with the yeas and nays, and shall be published in at least one newspaper in each county of the State, where a newspaper is published, for six months preceding the next election for Senators and Representatives, at which time the same shall be submitted to the electors, for their ap- proval or rejection ; and if a majority of the electors, voting at such election, shall adopt such amendments, the same shall become a part of the Constitution. When more than one amendment shall be sub- mitted at the same time, they shall be so submitted, as to enable the electors to vote on each amendment, separately. 2. Whenever two-thirds of the members elected to each branch of the General Assembly, shall think it necessary to call a Conven- tion, to revise, amend, or change this Constitution, they shall recom- mend to the electors to vote, at the next election for members of the OHIO. h 403 General Assembly, for or against a Convention ; and if a majority of all the electors, voting at said election, shall have voted for a Con- vention, the General Assembly shall, at their next session, provide, by law, for calling the same. The Convention shall consist of as many members as the House of Representatives, who shall be chosen in the same manner, and shall meet within three months after their election, for the purpose aforesaid. 3. At the general election, to be held in the year one thousand eight hundred and seventy-one, and in each twentieth year thereaf- ter, the question : " Shall there be a Convention to revise, alter, or amend the Constitution," shall be submitted to the electors of the State; and, in case a majority of all the electors, voting at such election, shall decide in favor of a Convention, the General Assembly, at its next session, shall provide, by law, for the election of delegates, and the assembling of such Convention, as is provided in the preced- ing section ; but no amendment of this Constitution, agreed upon by any Convention, assembled in pursuance of this article, shall take effect, until the same shall have been submitted to the electors of the State, and adopted by a majority of those voting thereon. SCHEDULE. Sec. 1. All laws of this State, in force on the first day of September, one thou- nand eight hundred and fifty-one, not inconsistent with this constitution, shall con- tinue in force, until amended or repealed. 2. The first election for members of the General Assembly, under this constitu- tion, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one. 3. The first election for Governor, Lieutenant Governor, Auditor, Treasurer, and Secretary of State, and Attorney General, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one. The persons, holding said offices on the first day of September, one thousand eight hundred and fifty-one, shall continue therein, until the second Monday of January, one thousand eight hundred and fifty-two. 4. The first election for Judges of the supreme court, courts of common pleas, and probate courts, and Clerks of the courts of common pleas, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one, and the offi- cial term of said Judges and clerks, so elected, shall commence on the second Monday of February, one thousand eight hundred and fifty-two. Judges and clerks of the courts of common pleas and supreme court, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office with their present powers and duties, until the second Monday of February, one thousand eight hundred and fifty-two. No suit or proceeding, pending in any of the courts of this State, shall be affected by the adoption of this constitution. 403 i CONSTITUTION OF 5. The Register and Receiver of the land office, Directors of the Penitentiary, Directors of tlie Benevolent Institutions of the State, the State Librarian, and all other officers, not otherwise provided for in this Constitution, in office on the first day of September, one thousand eight hundred and fifty -one, shall continue in office, until their terms expire, respectively, unless the General Assembly shall otherwise provide. 6. The Superior and Commercial- Courts of Cincinnati, and the Superior Court of Cleveland, shall remain, until otherwise provided by law, with their present powers and jurisdiction ; and the Judges and clerks of said courts, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office, until the expiration of their terms of office, respectively, or, until otherwise provided by law ; but neither of said courts shall continue after the second Monday of February, one thousand eight hundred and fifty-three ; and no suit shall be com- menced in said two first mentioned courts, after tlie second Monday of February, one thousand eight hundred and fifty-two, nor in said last mentioned court, after the second Monday in August, one thousand eiglit hundred and fifty-two ; and aU business in either of said courts, not disposed of within the time limited for their continuance as aforesaid, shall be transferred to the court of common pleas. 7. All Coimty and Township officers and Justices of the peace, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office until their terms expire, respectively. 8. Vacancies in office, occurring after the first day of September, one thousand eight hundred and fifty-one, shall be filled, as is now prescribed by law, and until oificers are elected or appointed, and qualified under this constitution. 9. This Constitution shall take effect, on the first day of September, one thousand eight hundred and fifty -one. 10. Air officers shall continue in office, until their successors shall be chosen and qualified. 11. Suits pending in the Supreme' Court in Bank, shall be transferred to the Supreme Court, provided for in this Constitution, and be proceeded in according to law. 12. The district courts shall, in their respective counties, be the successors of the present Supreme Court; and all suits, prosecutions, judgments, records and proceedings, pending and remaining in said Supreme Court, in the several counties of any district, shall be transferred to the respective district courte of such counties, and be proceeded in, as though no change had been made in said Supreme Court. 13. The said courts of common pleas, shall be the successors of the present courts of common pleas in the several counties, except as to probate jurisdiction ; and all suits, prosecutions, proceedings, records and judgments, pending or being in said last mentioned courts, except as aforesaid, shall be transferred to the courts of common pleas created by this Constitution, and proceeded in, as though the same had been therein instituted. 14. The Probate courts provided for in this Constitution, as to all matters within the jurisdiction conferred upon said courts, shall be the successors, in the several counties, of the present courts of common pleas ; and the records, files and papers', business and proceedings, appertaining to said jurisdiction, shall be transferred to said courts of probate, and be there proceeded in, according to law. 15. Until otherwise provided by law, elections for Judges and Clerks shall be held, and the poll books returned, as is provided for Governor, and the abstract thereform, certified to the Secretary of State, shall be by him opened, in the pre- sence of the Governor, who shall declare the result, and issue commissions to the persons elected. 16. Where two or more counties are joined in a Senatorial, Representative, or Judicial district, the returns of elections shall be sent to the county, having the largest population. 17. Tire foregoing constitution shall be submitted to the electors of the State, at an election to be held on the third Tuesday of June, one tliousand eight hundred and fifty-one, in the several election districts of this State. The ballots at such election shall be written or printed as follows ; Those in favor of the constitution, OHIO. y403 • New Constitution, Yes ;" those against the constitution, " New Constitution, No." The polls at said election shall be opened between the hours of eight and ten o'clock A. M., and closed at six o'clock P. M. ; and the said election shall be con- ducted, and the returns thereof made and certified, to the Secretary of State, as provided by law for annual elections of State and County officers. Within twenty days after such election, the Secretary of State shall open the returns thereof, in the presence of the Governor ; and, if it shall appear that a majority of all the votes, cast at such election, are in favor of the constitution, the Governor shall issue his proclamation, stating that fact, and said constitution shall be the constitu- tion of the State of Oliio, and not otherwise. 18. At the time when the votes of the electors shall be taken for the adoption or rejection of this constitution, the additional section, in the words following, to wit: " No license to traffic in intoxicating liquors shall hereafter be granted in this State ; but the General Assembly may, by law, provide against evils resulting thereform," shall be separately submitted to the electors for adoption or rejection, in form following, to wit : A separate ballot may be given by every elector and deposited in a separate box. Upon the ballots given for said separate amendment shall be written or printed, or partly written and partly printed, the words : " Li- cense to sell intoxicating liquors. Yes ;" and upon the ballots given against said amendment, in like manner, the words : " License to sell intoxicating liquors. No." If, at the said election, a majority of all the votes given for and against said amend- ment, shall contain the words : " License to sell intoxicating liquors. No," then the said amendment shall be a separate section of article fifteen of the constitution. 19. The apportionment for the House of Representatives, during the first decen- nial period under this constitution, shall be as follows : The counties of Adams, Allen, Athens, Auglaize, Carroll, Champaign, Clark, Clinton, Crawford, Darke, Delaware, Erie, Fayette, Gallia, Geauga, Greene, Han- cock, Harrison, Hocking, Holmes, Lake, Lawrence, Logan Madison, Marion, Meiga, Morrow, Peny, Pickaway, Pike, Preble, Sandusky, Scioto, Shelby and Union, shall, severally, be entitled to one Representative, in each session of the decennial period. The counties of Franklin, Licking, Montgomery and Stark, shall each be entitled to two Representatives, in each session of the decennial period. The counties of Ashland, Coshockton, Highland, Huron, Lorain, Mahoning, Me- dina, Miami, Portage, Seneca, Summit and Warren, shall, severally, be entitled to one Representative, in each session ; and one additional Representative, in the fifth session of the decennial period. The counties of Ashtabula, Brown, Butler, Clermont, Fairfield, Guernsey, Jeffer- son, Knox, Monroe, Morgan, Richland, Trumbull, Tuscarawas and Washington, shall, severally, be entitled to one Representative, in each session ; and two addi- tional Representatives, one in the third, and one in the fourth session, of the decen- nial period.' The counties of Belmont, Columbiana, Ross and Wayne, shall, severally, be en- titled to one Representative, in each session ; and three additional Representatives, one in the first, one in the second, and one in the third session, of the decennial period. The county of Muskingum shall be entitled to two Representatives, in each ses- sion ; and one additional Representative, in the fifth session of the decennial period. The county of Cuyahoga shall be entitled to two Representatives, in each ses- sion ; and two additional Representatives, one in the third, and one in the fourth session, of the decennial period. The county of Hamilton shall be entitled to seven Representatives, in each ses- sion ; and four additional Representatives, one in the first, one in the second, one in the third, and one in the fourth session, of the decennial period. The following counties, until they shall have acquired a sufficient population to entitle them to elect, separatelj^, under the fourth section of tlie eleventh article, shall form districts in manner following, to wit : The counties of Jackson and Vinton, one district ; the counties of Lucas and Fulton, one district ; the counties of Wyan- dot and Hardin, one district : the counties of Mercer and Van Wert, one district ; the counties of Paulding, Defiance and Williams, one district ; the counties of Put- 403^ CONSTITUTION OF OHIO. nam and Henry, one district ; and the counties of Wood and Ottawa, one district : each of which districts shall be entitled to one Representative, in erery session of the decennial period. Done in Convention, at Cincinnati, the tenth day of March, in the year of our Lord, one thousand eight hundred and fifty-one, and of the Independence of the United States, the seventy-fifth. WILLIAM MEDILL, President. Attest : Wm. H. Gnx, Secretary. INDIANA. This State was first settled by the French, as early as 1730 ; but at the peace between France and England, in 1763, it came into the hands of England. In 1787, the United States took possession of Vincennes, and erected a fort on the opposite bank of the river, as a defense against the savages. This countrj' suffered much from the Indians during the last war with Great Britain ; but they were defeated by the Americans, under Gen. William H. Harrison, in a bloody battle at Tippacanoe. This State was a part of the North-West Ter- ritory until 1800, when it formed a territorial government. It became a State in 1816, and adopted its constitution. The present constitution was adopted in 1851 Area, 36,000 sq. m. Pop. in 1850, 988,734. PREAMBLE. To the end that justice be established, public order maintained, and liberty perpetuated. We, the People of the State of Indiana, grateful to Almighty God for the free exercise of the right to choose our own form of government, do ordain this constitution. INDIANA. 405 ARTICLE l.—BiU of Eights. Sec. 1. We declare that all men are created equal ; that they are endowed by their Creator with certain unalienable rights ; that among these are life, liberty, and the pursuit of happiness ; that all power is inherent in the people ; and that all free governments are, and of right ought to be, founded on their authority, and instituted for their peace, safety, and well being. For the advancement of these ends, the people have, at all times, an indefeasible right to alter and reform their government. 2. All men shall be secured in the natural right to worship Almighty God according to the dictates of their own consciences. 3. No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience. 4. No preference shall be given by law to any creed, religious society, or mode of worship ; and no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent. 5. No religious test shall be required as a qualification for any office of trust or profit. 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution. 7. No person shall be rendered incompetent as a witness in conse- quence of his opinions on matters of religion. 8. The mode of administering an oath or affirmation shall be such as may be most consistent with, and binding upon, the conscience of the person to whom such oath or affirmation may be administered. 9. No law shall be passed restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print freely on any subject whatever ; but for the abuse of that right every person shall be responsible. 10. In all prosecutions for libel, the truth of the matters alleged to be libellous may be given in justification. 11. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable search or seizure, shall not be violated ; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized. 12. All courts shall be open ; and every man, for injury done to him in his person, property, or reputation, shall have remedy by due course of law. Justice shall be administered freely and with- out purchase ; completely, and without denial ; speedily, and without delay. 13. In all criminal prosecutions the accused shall have the right to a public trial by an impartial jury, in the county in which the offence shall have been committed ; to be heard by himself and counsel ; to demand the nature and cause of the accusation agauisr 4:06 CONSTITUTION OP him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor. 14. No person shall he put in jeopardy twice for the same offence. No person in any criminal prosecution shall be compelled to testify against himself. 15. No person arrested or confined in jail shall be treated with unnecessary rigor. 16. Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishments shall not be inflicted. All penalties shall be proportioned to the nature of the offence. 17. Offences, other than murder and treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable when the proof is evident, or the presumption strong. 18. The penal code shall be founded on the principles of reforma- tion, and not of vindictive justice. 19. In all criminal cases whatever the jury shall have the right to determine the law and the facts. 20. In all civil cases, the right of trial by jury shall remain invio- late. 21 . No man's particular services shall be demanded without just compensation. No man's property shall be taken by law without just compensation ; nor, except in case of the State, without such compensation first assessed and tendered. 22. The privilege of the debtor to enjoy the necessary comforts of life, shall be recognised by wholesome laws, exempting a reason- able amount of property from seizure or sale for the payment of any debt or liability hereafter contracted ; and there shall be no imprison- ment for debt, except in case of fraud. 23. The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens. 24. No ex-post facto law, or law impairing the obligation of con- tracts, shall ever be passed. 25. No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this con- stitution. 26. The operation of the laws shall never be suspended, except by the authority of the General Assembly. 27. The privilege of the writ of habeas corpus shall not be sus- pended, except in case of rebellion or invasion, and then only if the public safety demand it. 28. Treason against the State shall consist only in levying war against it, and in giving aid and comfort to its enemies. 29. No person shall be convicted of treason except on the testio mony of two witnesses to the same overt act, or upon his confession in open court. INDIANA, 407 30. No conviction shall work corruption of blood, or forfeiture of estate. 31. No law shall restrain any of the inhabitants of the State from assembling together in a peaceable manner to consult for their com- mon good, nor from instructing their representatives, nor from apply- ing to the General Assembly for redress of grievances. 32. The people shall have a right to bear arms for the defence of themselves and the State. 83. The military shall be kept in strict subordination to the civil power. 34. No soldier shall, in time of peace, be quartered in any house without the consent of the owner ; nor in time of war but in a man- ner to be prescribed by law. 35. The General Assembly shall not grant any title of nobility, nor confer hereditary distinctions. 36. Emigration from the State shall not be prohibited. 37. There shall be neither slavery nor involuntary servitude within the State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted. No indenture of any negro or mulatto, made and executed out of the bounds of the State, shall be valid within the State. ARTICLE \\.— Suffrage and Election. Sec. 1. All elections shall be free and equal. 2. In all elections, not otherwise provided for by this constitution, every white male citizen of the United States, of the age of twenty- one years and upwards, who shall have resided in the State during the six months immediately preceding such election ; and every white male of foreign birth of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this State during the six months immediately preceding such election, and shall have declared his intention to become a citi- zen of the United States, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside. 3. No soldier, seaman or marine in the army or navy of the United States, or of their allies, shall be deemed to have acquired a residence in the State, in consequence of having been stationed within the same ; nor shall any such soldier, seamen or marine have the right to vote. 4. No person shall be deemed to have lost his residence in the State by reason of his absence, either on business of this State or of the United States. 5. No negro or mulatto shall have the right of suffrage. 6. Every person shall be disqualified from holding office during the term for which he may have been elected, who shall have given or offered a bribe, threat or reward to procure his election. 7. Every person who shall give or accept a challenge to fight a duel, 408 CONSTITUTION OF or who shall knowingly cany to another person such challenge, or who shall agree to go out of the State to fight a duel, shall be ineli- gible to any office of trust or profit. 8. The General Assembly shall have power to deprive of the right of suffi-age, and to render ineligible, any person convicted of an infa- mous crime. 9. No person holding a lucrative office or appointment under the United States, or under this State, shall be eligible to a seat in the General Assembly ; nor shall any person hold more than one lucra- tive office at the same time, except as in this constitution expressly permitted : Provided, that offices in the militia, to which there is attached no annual salary, and the office of deputy postmaster, where the compensation does not exceed ninety dollars per annum, shall not be deemed lucrative : And provided, also, that counties contain- ing less than one thousand polls, may confer the office of clerk, recorder and auditor, or any two of said offices, upon the same person. 10. No person who may hereafter be a collector or holder of public moneys, shall be eligible to any office of trust or profit until he shall have accounted for, and paid over according to law, all sums for which he may be liable. 11. In all cases in which it is provided that an office shall not be filled by the same person more than a certain number of years con- tinuously, an appointment pro tempore shall not be reckoned a part of that term. 12. In all cases, except treason, felony, and breach of the peace, electors shall be free from arrest in going to elections, during their attendance there, and in returing from the same. 13. All elections by the people shall be by ballot; and all elec- tions by the General Assembly, or by either branch thereof, shall be viva voce. 14. All general elections shall be held on the second Tuesday in October, ARTICLE \\l.—I)istributio7i of Powers. Sec. 1. The powers of the government are divided into three separate departments, the legislative, the executive, including the administrative and the judicial ; and no person charged with official duties under one of these departments shall exercise any of the functions of another, except as in this constitution expressly provided. ARTICLE l\ .—Legislative. Sec. 1 . The legislative authority of the State shall be vested in a General Assembly, which shall consist of a Senate and a House of Representatives. The style of every law shall be : " Be it enacted by the General Assembly of the State of Indiana ;" and no law shall be enacted except by bill. 2. The Senate shall not exceed fifty, nor the House of Represent- INDIANA. 409 atives one hundred members ; and they shall be chosen by the elec- tors of the respective counties or districts into which the State may fi-om time to time be divided. 3. Senators shall be elected for the term of four years, and repre- sentatives for the term of two years, from the day next after their general election : Provided, however, that the senators elect, at the second meeting of the General Assembly under this constitution, shall be divided by lot into two equal classes, as nearly as may be ; and the seats of senators of the first class shall be vacated at the expiration of two years, and of those of the second class at the expi- ration of four years ; so that one half, as nearly as possible, shall be chosen biennially forever thereafter. And in case of increase in the number of senators, they shall be so annexed by lot to one or the other of the two classes, as to keep them as nearly equal as practicable. 4. The General Assembly shall, at its second session after the adoption of this constitution, and every sixth year thereafter, cause an enumeration to be made of all the white male inhabitants over the age of twenty-one years. 5. The number of senators and representatives shall, at the session next following each period of making such enumeration, be fixed by law, and apportioned among the several counties, according to the number of white male inhabitants above twenty-one years of age in each : Provided, that the first and second elections of members of the General Assembly under this constitution shall be according to the apportionment last made by the General Assembly, before the adoption of this constitution. 6. A senatorial or representative district, where more than one county shall constitute a district, shall be composed of contiguous counties ; and no county for senatorial apportionment shall ever be divided. 7. No person shall be a senator or a representative who at the time of his election is not a citizen of the United States ; nor any one who has not been for two years next preceding his election an inha- bitant of this State, and for one year next preceding his election an inhabitant of the county or district whence he may be chosen. Sen- ators shall be at least twenty -five, and representatives at least twenty- one years of age. 8. Senators and representatives, in all cases except treason, felony, and 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; and shall not be subject to any civil process during the session of the General Assembly, nor during the fifteen days next before the commencement thereof For any speech or debate in either house a member shall not be questioned in any other place. 9. The sessions of the General Assembly shall be held biennially at the capital of the State, commencing on the Thursday next after 410 CONSTITUTION OF the first Monday of January, in the year one thousand eight hundred and fifty-three, and on the same day of every second year there- after, unless a different day or place shall have been appointed by law. But if in the opinion of the governor the public welfare shall require it, he may at any time, by proclamation, call a special session. 10. Each house when assembled shall choose its own officers (the president of the Senate excepted), judge the elections, qualifications, and returns of its own members, determine its rules of proceeding, *nd sit upon its own adjournment. But neither house shall, without the consent of the other, adjourn for more than three days, nor to any place other than that in which it may be sitting. 11. Two-thirds of each house shall constitute a quorum to do busi- ness ; but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. A quorum being in attendance, if either house fail to effect an organization within the first five days thereafter, the members of the house so failing shall be entitled to no compensation from the end of the said five days until an organization shall have been effected. 12. Each house shall keep a journal of its proceedings, and publish the same. The yeas and nays on any question shall, at the request of any two members, be entered, together with the names of the members demanding the same, on the journal : Provided, that on a motion to adjourn, it shall require one-tenth of the members present to order the yeas and nays. 13. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as in the opinion of either house may require secrecy. 14. Either house may punish its members for disorderly behavior, and may, with the concurrence of two-thirds, expel a member ; but not a second time for the same cause. 15. Either house, during its session, may punish by imprisonment any person not a member who shall have been guilty of disrespect to the house, by disorderly or contemptuous behavior in its pres- ence ; but such imprisonment shall not at any time exceed twenty- four hours, 16. Each house shall have all powers necessary for a branch of the legislative department of a free and independent State. 17. Bills may originate in either house, but may be amended or rejected in the other, except that bills for raising revenue shall origi- nate in the House of Representatives. 18. Every bill shall be read by sections on three several days in each house, unless, in case of emergency, two-thirds of the house where such bill may be depending shall, by a vote of yeas and nays, deem it expedient to dispense with this rule ; but the reading of a bill by sections, on its final passage, shall in no case be dispensed with ; and the vote on the passage of every bill or joint resolution shall be taken by yeas and nays. INDIANA. 411 19. Every act shall embrace but one subject and matters properly- connected therewith ; which subject shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title. 20. Every act and joint resolution shall be plainly worded, avoid- ing as far as practicable the use of technical terms. 21. No act shall ever be revised or amended by mere reference to its title ; but the act revised, or section amended, shall be set forth and published at full length. 22. The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables ; For the punishment of crimes and misdemeanors ; Regulating the practice in courts of justice ; Providing for changing the venue in civil and criminal cases ; Granting divorces ; Changing the names of persons ; For laying out, opening, and working on highways, and for the election or appointntent of supervisors ; Vacating roads, town plats, streets, alleys, and public squares ; Summoning and empanelling grand and petit juries, and providing for their compensation ; Regulating county and township business ; Regulating the election of county and township officers, and their compensation ; For the assessment and collection of taxes for State, county, town- ship, or road purposes ; Providing for supporting common schools, and for the preservation of school funds ; In relation to fees or salaries ; In relation to interest on money ; Providing for opening and conducting elections of State, county, or township officers, and designating the places of voting ; Providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities, by executors, administra- tors, guardians, or trustees. 23. In all the eases enumerated in the preceding sections, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the State. 24. Provision may be made by general law for bringing suit against the State as to all liabilities originating after the adoption of this constitution; but no special act authorizing such suit to be brought, or making compensation to any person claiming damages against the State, shall ever be passed. 25. A majority of all the members elected to each house shall be necessary to pass every bill or joint resolution ; and all bills and 31 4:12 CONSTITUTION OF joint resolutions so passed shall be signed by the presiding officers of the respective houses. 26. Any member of either house shall have the right to protest, and to have his protest, with his reasons for dissent, entered on th-e journal. 27. Every statute shall be a public law unless otherwise declared in the statute itself. 28. No act shall take effect until the same shall have been pub lished and circulated in the several counties of the State by authority except in case of emergency ; which emergency shall be declared in the preamble, or in the body of the law. 29. The members of the General Assembly shall receive for theii services a compensation to be fixed by law ; but no increase of compensation shall take effect during the session at which such increase may be made. No session of the General Assembly, except the first under this constitution, shall extend beyond the term of sixty-one days, nor any special session beyond the term of foi'ty days. 30. No senator or representative shall, during the term for which he may have been elected, be eligible to any office, the election to which is vested in the General Assembly ; nor shall he be appointed to any civil office of profit which shall have been created, or the emoluments of which shall have been increased, during suclx term ; but this latter provision shall not be construed to apply to any office elective by the people. ARTICLE Y.— Executive. Sec. 1. The executive power of the State shall be vested in a governor. He shall hold his office during four years, and shall not be eligible more than four years in any period of eight years. 2. There shall be a lieutenant governor, who shall hold his office during four years. 3. The governor and lieutenant governor shall be elected at the times and places of choosing members of the General Assembly. 4. In voting for governor and lieutenant governor, the electors shall designate for whom they vote as governor, and for whom as lieutenant governor. The returns of every election for governor and lieutenant governor shall be sealed up and transmitted to the seat of government, directed to the speaker of the House of Representa- tives, who shall open and publish them in the presence of both houses of the General Assembly. 5. The person respectively having the highest number of votes for governor and lieutenant governor, shall be elected ; but in case two or more persons shall have an equal and the highest number of votes for either office, the General Assembly shall by joint vote forthwith proceed to elect one of the said persons governor or lieutenant gov- ernor, as the case may be. INDIANA. 413 6. Contested elections for governor or lieutenant governor shall be determined by the General Assembly, in such manner as may be prescribed by law. 7. No person shall be eligible to the office of governor or lieuten- ant governor who shall not have been five years a citizen of the United States, and also a resident of the State of Indiana during the five years next preceding his election ; nor shall any person be eligible to either of the said offices who shall not have attained the age of thirty years. 8. No member of Congress, or person holding any office under the United States, or under this State, shall fill the office of governor or lieutenant governor. 9. The official term of the governor and lieutenant governor shall commence on the second Monday of January, in the year one thou- sand eight hundred and fifty-three, and on the same day every fourth year thereafter. 10. In case of the removal of the governor from office, or of his death, resignation, or inability to discharge the duties of the office, the same shall devolve on the lieutenant governor ; and the General Assembly shall by law provide for the case of removal from office, death, resignation, or inability, both of the governor and lieutenant governor, declaring what officer shall then act as governor ; and such officer shall act accordingly, until the disability be removed, or a governor be elected. 11. Whenever the lieutenant governor shall act as governor, or shall be unable to attend as president of the Senate, the Senate shall elect one of its own members as president for the occasion. 12. The governor shall be commander-in-chief of the military and naval forces, and may call out such forces to execute the laws, or to suppress insurrection, or to repel invasion. 13. He shall from time to time give to the General Assembly information touching the condition of the State, and recommend such measures as he shall judge to be expedient. 14. Every bill which shall have passed the General 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, which house shall enter the objections at large upon its journals, and proceed to reconsider the bill. If after such consideration a majority of all the members elected to that house shall agree to pass the bill, it shall be sent, with the gov- ernor's objections, to the other house, by which it shall likewise be reconsidered ; and if approved by a majority of all the members elected to that house, it shall be a law. If any bill shall not be returned by the governor within three days, Sundays excepted, after it shall have been presented to him, it shall be a law without his signature, unless the general adjournment shall prevent its return, in which case it shall be a law, unless the governor within five days next after such adjournment shall file such bill, with his objections 414 CONSTITUTION OF thereto, in the office of secretary of state, who shall lay the same hefore the General Assembly at its next session, in like manner as if it had been returned by the governor. But no bill shall be pre- sented to the governor within two days next previous to the final adjournment of the General Assembly. 15. The governor shall transact all necessary business with the officers of government, and may require information in writing from the officers of the administrative department, upon any subject rela- ting to the duties of their respective offices. 16. He shall take care that the laws be faithfully executed. 17. He shall have the power to grant reprieves, commutations and pardons, after conviction, for all offences except treason and cases of impeachment, subject to such regulations as may be provided by law. Upon conviction for treason, he shall have power to sus- pend the execution of the sentence until the case shall be reported to the General Assembly at its next meeting, when the General Assembly shall either grant a pardon, commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall have power to remit fines and forfeitures, under such regulations as may be prescribed by law ; and shall report to the General Assem- l)ly at its next meeting each case of reprieve, commutation, or pardon granted, and also the names of all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted : Provided, however, that the General Assembly may by law constitute a council, to be composed of officers of State, without whose advice and consent the governor shall not have power to grant pardons in any case, except such as may by law be left to his sole power. 18. When, during a recess of the General Assembly, a vacancy shall happen in any office, the appointment to which is vested in the General Assembly ; or when at any time a vacancy shall have occurred in any other State office, or in the office of judge of any court, the governor sha.ll fill such vacancy by appointment, which shall expire when a successor shall have been elected and qualified. 19. He shall issue writs of election to fill such vacancies as may have occurred in the General Assembly. 20. Should the seat of government become dangerous from disease or a common enemy, he may convene the General Assembly at any other place. 21. The lieutenant governor shall, by virtue of his office, be presi- dent of the Senate, have a right when in committee of the whole to join in debate, and to vote on all subjects ; and whenever the Senate shall be equally divided, he shall give the casting vote. 22. The governor shall at stated times receive for his services a compensation, which shall neither be increased nor diminished during the term for which he shall have been elected. 23. The lieutenant governor, while he shall act as president of the Senate, shall receive for his services the same compensation as the INDIANA. 415 speaker of the House of Representatives ; and any person acting as governor shall receive the compensation attached to the office of governor. 24. Neither the governor nor lieutenant governor shall be eligible to any other office during the term for which he shall have been elected. ARTICLE VI. — Administrative. Sec. 1. There shall be elected by the voters of the State, a secre- tary, an auditor and a treasurer of state, who shall severally hold their offices for two years. They shall perform such duties as may be enjoined by law ; and no person shall be eligible to either of said offices more than four years in any period of six years. 2. There shall be elected in each county by the voters thereof, at the time of holding general elections, a clei-k of the circuit court, auditor, recorder, treasurer, sheriff, coroner and surveyor. The clerk, auditor and recorder, shall continue in office four years ; and no person shall be eligible to the office of clerk, recorder or auditor, more than eight years in any period of twelve years. The treasurer, sheriff, coroner and surveyor, shall continue in office two years ; and no person shall be eligible to the office' of treasurer or sheriff more than four years in any period of six years. 3. Such other county and township officers as may be necessary, shall be elected or appointed in such manner as may be prescribed by law. 4. No person shall be elected or appointed as a county officer who shall not be an elector of the county ; nor any one who shall not have been an inhabitant thereof during one year next preceding his appointment, if the county shall have been so long organized ; but if the county shall not have been so long organized, then within the limits of the county or counties out of which the same shall have been taken. 5. The governor and the secretary, auditor and treasurer of state, shall severally reside, and keep the public records, books and papers in any manner relating to their respective offices, at the seat of government. 6. All county, township and town officers shall reside within their respective counties, townships and towns, and shall keep their respec- tive offices at such places therein, and perform such duties as may be directed by law. 7. All State officers shall, for crime, incapacity, or negligence, be liable to be removed from office, either by impeachment by the House of Representatives, to be tried by the Senate, or by a joint resolution of the General Assembly, two-thirds of the members elected to each branch voting in either case therefor. 8. All State, county, township and town officers may be impeached ©r removed from office in such manner as may be prescribed by law. 416 CONSTITUTION OP 9. Vacancies in county, township and town offices, shall be filled in such manner as may be prescribed by law. 10. The General Assembly may confer upon the boards doing county business in the several counties, powers of a local, adminis- trative character. ARTICLE YU.— Judicial. Sec. 1. The judicial power of the State shall be vested in a supreme court, in circuit courts, and in such inferior courts as the General Assembly may establish. 2. The supreme court shall consist of not less than three, nor more than five judges, a majority of whom shall form a quorum. They shall hold their offices for six years, if they so long behave well. 3. The State shall be divided into as many districts as there are judges of the supreme court ; and such districts shall be formed of contiguous territory, as nearly equal in population as, without divid- ing a county, the same can be made. One of said judges shall be elected from each district, and reside therein ; but said judges shall be elected by the electors of the State at large. 4. The supreme court shall have jurisdiction co-extensive with the limits of the State, in appeals and writs of error, under such regulations and restrictions as may be prescribed by law. It shall also have such original jurisdiction as the General Assembly may confer. 5. The supreme court shall, upon the decision of every case, give a statement in writing of each question arising in the record of such case, and the decision of the court thereon. 6. The General Assembly shall provide by law for the speedy publication of the decisions of the supreme court made under this constitution ; but no judge shall be allowed to report such decisions. 7. There shall be elected by the voters of the State, a clerk of the supreme court, who shall hold his office four years, and whose duties shall be prescribed by law. 8. The circuit courts shall each consist of one judge, and shall have such civil and criminal jurisdiction as may be prescribed by law. 9. The State shall from time to* time be divided into judicial circuits ; and a judge for each circuit shall be elected by the voters thereof. He shall reside within the circuit, and shall hold his office for the term of six years, if he so long behave well. 10. The General Assembly may provide by law that the judge of one circuit may hold the courts of another circuit, in cases of neces- sity or convenience ; and in case of temporary inability of any judge, from sickness or other cause, to hold the courts in his circuit, pro- vision shall be made by law for holding such courts. 11. There shall be elected in each judicial circuit, by the voters thereof, a prosecuting attorney, who shall hold his office for two years. 12. Any judge or prosecuting attorney who shall have been con- INDIANA. 417 vicled of corruption or other high crime, may, on information in the name of the State, be removed from office by the supreme court, or in such other manner as may be prescribed by law. 13. The judges of the supreme court and circuit courts shall at stated times receive a compensation, which shall not be diminished during their continuance in office. 14. A competent number of justices of the peace shall be elected by the voters in each township in the several counties. They shall continue in office four years, and their powers and duties shall be prescribed by law. 15. All judicial officers shall be conservators of the peace in their respective jurisdictions. 16. No person elected to any judicial office shall, during the term for which he shall have been elected, be eligible to any office of trust or profit under the State, other than a judicial office. 17. The General Assembly may modify or abolish the grand jury system. 18. All criminal prosecutions shall be carried on in the name and by the authority of the State ; and the style of all process shall be : "The State of Indiana." 19. Tribunals of conciliation may be established, with such powers and duties as shall be prescribed by law ; or the powers and duties of the same may be conferred upon other courts of justice ; but such tribunals or other courts, when sitting as such, shall have no power to render judgment to be obligatory on the parties, unless they volun- tarily submit their matters of difference, and agree to abide the judg- ment of such tribunal or court. 20. The General Assembly, at its first session after the adoption of this constitution, shall provide for the appointment of three com- missioners, whose duty it shall be to revise, simplify, and abridge the rules, practice, pleadings, and forms of the courts of justice. And they shall provide for abolishing the distinct forms of -action at law now in use, and that justice shall be administered in a uniform mode of pleading, without distinction between law and equity. And the General Assembly may also make it the duty of said commis- sioners to reduce into a systematic code the general statute law of the State ; and said commissioners shall report th§ result of their labors to the General Assembly, with such recommendations and suggestions as to abridgment and amendment as to said commis- sioners may seem necessary or proper. Provision shall be made by law for filling vacancies, regulating the tenure of office and the com- pensation of said commissioners. 21. Every person of good moral character, being a voter, shall be entitled to admission to practice law in all courts of justice. ARTICLE Ylll—Uducation. Sec. 1. Knowledge and learning generally diffused throughout a community being essential to the preservation of a free government, 418 CONSTITUTION OF it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improve- ment, and to provide by law for a general and uniform system of common schools, wherein tuition shall be without chai'ge, and equally open to all. 2. The common school fund shail consist of the congressional township fund, and the lands belonging thereto ; The surplus revenue fund ; The saline fund, and the lands belonging thereto ; The bank tax fund, and the fund arising from the one hundred and fourteenth section of the charter of the State Bank of Indiana ; The fund to be derived fi-om the sale of county seminaries, and the moneys and property heretofore held for such seminaries ; from the fines assessed for breaches of the penal laws of the State ; and from all forfeitures which may accrue ; All lands and other estate which shall escheat to the State for want of heirs or kindred entitled to the inheritance ; All lands that have been, or may hereafter be, granted to the State, where no special purpose is expressed in the grant, and the proceeds of the sales thereof, including the proceeds of the sales of the swamp lands granted to the State of Indiana by the act of Con- gress of 28th September, 1850, after deducting the expense of select- ing and draining the same ; Taxes on the property of corporations that may be assessed for common school purposes. 3. The principal of the common school fund shall remain a per- petual fund, which may be increased, but shall never be diminished ; and the income thereof shall be inviolably appropriated to the sup- port of common schools, and to no other purpose whatever. 4. Tlie General Assembly shall invest, in some safe and profitable manner, all such portions of the common school fund as have not heretofore been entrusted to the several counties ; and shall make provision by law for the distribution among the several counties of the interest thereof. 5. If any county shall fail to demand its proportion of such inter- est for common school purposes, the same shall be reinvested for the benefit of such county. 6. The several counties shall be held liable for the preservation of so much of the said fund as may be entrusted to them, and for the payment of the annual interest thereon. 7. All trust funds held by the State shall remain inviolate, and be faithfully and exclusively applied to the purposes for which the trust was created. 8. The General Assembly shall provide for the election, by the voters of the State, of a state superintendent of public instruction, who shall hold his office for two years, and whose duties and com- pensation shall be prescribed by law. INDIANA. ARTICLE YK.—State Institutions. 419 Sec. 1. It shall be the duty of the General Assembly to pro- vide by law for the support of institutions for the education of the deaf and dumb, and of the blind, and also for the treatment of the insane. 2. The General Assembly shall provide houses of refuge for the correction and reformation of juvenile offenders. 3. The county boards shall have power to provide farms, as an asylum for those persons who, by reason of age, infirmity, of other misfortune, may have claims upon the sympathies and aid of society. ARTICLE X.—Fmance. . Sec. L The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all pro- perty, both real and personal, excepting such only for municipal, educational, literary, scientific, religious, or charitable purposes, as may be specially exempted by law. 2. All the revenues dei'ivcd from the sale of any of the public works belonging to the State, and from the net annual income thereof, and any surplus that may at any time remain in the treasury derived from taxation for general State purposes, after the payment of the ordinary expenses of the government, and of the interest on bonds of the State, other than bank bonds, shall be annually applied, under the direction of the General Assembly, to the payment of the prin- cipal of the public debt. 3. No money shall be drawn from the treasury but in pursuance of appropriations made by law. 4. An accurate statement of the receipts and expenditures of the public money shall be published with the laws of each regular session of the General Assembly. 5. No law shall authorize any debt to be contracted on behalf of the State, except in the following cases : To meet casual deficits in the revenue, to pay the interest on the State debt, to repel invasion, suppress insurrection, or if hostilities be threatened, provide for the public defence. 6. No county shall subscribe for stock in any incorporated com- pany, unless the same be paid for at the time of such subscription ; nor shall any county loan its credit to any incorporated company, nor borrow money for the purpose of taking stock in any such company ; nor shall the General Assembly ever on behalf of the State assume the debts of any county, city, town or township, nor of any corpora- tion whatever. ARTICLE XI.— Corporations. Sec 1. The General Assembly shall not have power to estab- lish or incorporate any bank or banking company, or moneyed insti 420 CONSTITUTION OF tution, for the purpose of issuing bills of credit, or bills payable to orcl,er or bearer, except under the conditions prescribed in this con- stitution. 2. No banks shall be established otherwise than under a genera] banking law, except as provided in the fourth section of this article. 3. If the General Assembly shall enact a general banking law, such law shall provide for the registry and countersigning by an officer of State of all paper credit designed to be circulated as money, and ample collateral security, readily convertible into specie, for the redemption of the same in gold or silver, shall be required, which collateral security shall be under the control of the proper officer or officer^ of State. 4. The Genei'al Assembly may also charter a bank with branches without collateral security, as required in the preceding section. 5. If the General Assembly shall establish a bank with branches, the branches shall be mutually responsible for each other's liabilities upon all paper credit issued as money. 6. The stockholders in every bank or banking company shall be individually responsible to an amount over and above their stock, equal to their respective shares of stock, for all debts or liabilities of said bank or banking company. 7. All bills or notes issued as money shall be at all times redeem- able in gold or silver; and no law shall be passed sanctioning, directly or indirectly, the suspension by any bank or banking com- pany of specie payments. 8. Holders of bank notes shall be entitled, in case of insolvency, to preference of payment over all other creditors, 9. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals loaning money. 10. Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organization, and promptly thereafter to close its business. 11. The General Assembly is not prohibited from investing the trust funds in a bank with branches ; but in case of such invest- ment, the safety of the same shall be guarantied by unquestionable security. 12. The State shall not be a stockholder in any bank after the expiration of the present bank charter; nor shall the credit of the State ever be given or loaned in aid of any person, association, or corporation ; nor shall the State hereafter become a stockholder in any corporation or association. 13. Corporations, other than banking, shall not be created by special act, but may be formed under general laws. 14. Dues from corporations, other than banking, shall be secured by such individual liability of the corporators, or other means, as may be prescribed by law. / INDIANA. 421 ARTICLE X\l— Militia. Sec, 1. The militia shall consist of all able bodied white male persons, between the ages of eighteen and forty-five years, except such as may be exempted by the laws of the United States, or of this State ; and shall be organized, officered, armed, equipped, and trained, in such manner as may be provided by law. 2. The governor shall appoint the adjutant, quartermaster, and commissary generals. 3. All militia officers shall be commissioned by the governor, and shall hold their offices not longer than six years. 4. The General Assembly shall determine the method of dividing the militia into divisions, brigades, regiments, battalions, and com- panies, and fix the rank of all staff officers. 5. The militia may be divided into classes of sedentary and active militia, in such manner as shall be prescribed by law. 6. No person conscientiously opposed to bearing arms shall be compelled to do militia duty ; but such person shall pay an equiva- lent for exemption, the aihount to be prescribed by law. ARTICLE XllL— Negroes and Mulattoes. Sec. L No negro or mulatto shall come into, or settle in the State, after the adoption of this constitution. 2. All contracts made with any negro or mulatto coming into the State, contrary to the provision of the foregoing section, shall be void ; and any person who shall employ such negro or mulatto, or otherwise encourage him to remain in the State, shall be fined in any sum not less than ten dollars, nor more than five hundred dollai-s. 3. All fines which may be collected for a violation of the provisions of this article, or of any law which may hereafter be passed for the purpose of carrying the same into execution, shall be set apai't and appropriated for the colonization of such negroes and mulattoes, and their descendants, as may be in the State at the adoption of this constitution, and may be willing to emigrate. 4. The General Assembly shall pass laws to carry out the pro- visions of this article. ARTICLE X\Y .—Boundaries. Sec. L In order that the boundaries of the State may be known and established, it is hereby ordained and declared, that the State of Indiana is bounded on the east by the meridian line which forms the western boundary of the State of Ohio ; on the south by the Ohio river, from the mouth of the Great Miama river to the mouth of the Wabash river; on the west by a line drawn along the middle of the Wabash river from its mouth, to a point where a diia north line drawn from the town of Vincennes would last touch the north-west- ern shore of said Wabash river ; and thence by a due noith line 421a CONSTITUTION OP until the same shall intersect an east and west line drawn through a point ten miles north of the southern extreme of Lake Michigan ; on the north by said east and west line until the same shall intersect the first-mentioned meridian line, which forms the western boundary of the State of Ohio. 2. The State of Indiana shall possess jurisdiction and sovereignty co-extensive with the boundaries declared in the preceding section ; and shall have concurrent jurisdiction in civil and criminal cases with the State of Kentucky on the Ohio river, and with the State of Illinois on the Wabash river, so far as said rivers form the common boundary between this State and said states respectively. AETICLE XN .—Miscellaneous. Sec. 1. All officers whose appointment is not otherwise provided for in this constitution, shall be chosen in such manner as now is, or may hereafter be, prescribed by law. 2. When the duration of any office is not provided for by this constitution, it may be declared by law ; and if not so declared, such office shall be held during the pleasure of the authority making the appointment. But the General Assembly shall not create any office, the tenure of which shall be longer than four years. 3. Whenever it is provided in this constitution, or in any law which may be hereafter passed, that any officer, other than a mem- ber of the General Assembly, shall hold his office for any given term, the same shall be construed to mean that such officer shall hold his office for such term, and until his successor shall have been elected and qualified. 4. Every person elected or appointed to any office under this con stitution shall, before entering on the duties thereof, take an oath or affirmation to support the constitution of this State and of the United States, and also an oath of office. 5. There shall be a seal of State kept by the governor for official purposes, which shall be called the seal of the State of Indiana. 6. All commissions shall issue in the name of the State, shall be signed by the governor, sealed with the State seal, and attested by the secretary of State. 7. No county shall be reduced to an area less than four hundred square miles; nor shall any county under that area be further reduced. 8. No lottery shall be authorized, nor shall the sale of lottery tickets be allowed. 9. The following grounds, owned by the State in Indianapolis, namely : The State House Square, the Governor's Circle, and so much of out-lot numbered one hundred and forty-seven as lies north of the arm of the Central Canal, shall not be sold or leased. 10. It shall be the duty of the General Assembly to provide for the permanent enclosure and preservation of the Tippecanoe Battle Ground. INDIANA. M21 ARTICLE XVI— Amendments. Sec. 1. Any amendment or amendments to this constitution may be proposed in either branch of the General Assembly, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered on their journals, and referred to the General Assembly to be chosen at the next gen- eral election ; and if in the General Assembly so next chosen such proposed amendment or amendments shall be agreed to by a majo- rity of all the members elected to each house, then it shall be the duty of the General Assembly to submit such amendment or amend- ments to the electors of the State; and if a majority of said electors shall ratify the same, such amendment or amendments shall become a part of this constitution. 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately ; and while an amendment or amendments which shall have been agreed upon by one General Assembly shall be awaiting the action of a succeed- ing General Assembly, or of the electors, no additional amendment or amendments shall be proposed. SCHEDULE. This constitution, if adopted, shall take effect on the first day of November, in the year one thousand eight hundred and fifty-one, and shall supersede the consti- tution adopted in the year one thousand eight hundred and sixteen. That no inconvenience may arise from the change in the government, it is hereby ordained as follows : 1. All laws now in force, and not inconsistent with this constitution, shall remain in force until they shall expire or be repealed. 2. All indictments, prosecutions, suits, pleas, plaints, and other proceedings pend- ing in any of the courts, shall be prosecuted to final judgment and execution ; and all appeals, writs of error, certiorara, and injunctions, shall be carried on in the several courts in the same manner as is now provided by law. 3. All fines, penalties and forfeitures due or accruing to the State, or to any county therein, shall inure to the State, or to such county, in the manner prescribed by law. All bonds executed to the State, or to any officer in his official capacity, shall remain in force, and inure to the use of those concerned. 4. All acts of incorporation for municipal purposes shall continue in force under this constitution, until such time as the General Assembly shall, in its discretion, modify or repeal the same. 5. The governor, at the expiration of the preseut official term, shall continue to act until his successor shall have been sworn into office. 6. There shall be a session of the General Assembly, commencing on the first Monday of December, in the year one thousand eight hundred and fifty-one. 7. Senators now in office and holding over under the existing constitution, and 4:21c CONSTITUTION OP INDIANA. such as may be elected at tlie next general election, and the representatives then elected, shall continue in office until the first general election under this con- Btitution. 8. Tlie first general election under this constitution shall be held in the year one thousand eight hundred and fifty-two. 9. The first election for governor, lieutenant governor, judges of the supreme court and circuit courts, clerk of the supreme court, prosecuting attorney, secretary, auditor, and treasurer of state, and state superintendent of public instruction, under this constitution, shall be held at the general election in the year one thousand eight hundred and fifty-two ; and such of said officers as may be in office when this constitution shall go into effect, shall continue in their respective offices, until their successors shall have been elected and qualified. 10. Every person elected by popular vote, and now in any office which is con- tinued by this constitution, and every person who shall be so elected to any such office before the taking effect of this constitution (except as in this constitution othei'wise provided), shall continue in office until the term for which such person has been, or may be elected, shall expire : Provided that no such person shall con- tinue in office after the taking effect of this constitution for a longer period than the term of such office in this constitution prescribed. 11. On the taking effect of this constitution, ail officers thereby continued in office shall, before proceeding in the further discharge of their duties, take an oath or affirmation to support this constitution. 12. All vacancies that may occur in existing offices prior to the first general election under this constitution, shall be filled in the manner now prescribed by law. 13. At the time of submitting this constitution to the electors for their approval or disapproval, the article numbered thirteen, in relation to negroes and mulat- toes, shall be submitted as a distinct -proposition, in the following form : " Exclu- sion and colonization of negroes and mulattoes," " Aye" or " No." And if a majority of the votes cast shall be in favor of said article, then the same shall form a part of this constitution, otherwise it shall be void, and form no part thereof. 14. No article or section of this constitution shall be submitted as a distinct pro- position to a vote of the electors, otherwise than is herein provided. 15. Whenever a portion of the citizens of the counties of Perry and Spencer shall deem it expedient to form of the contiguous territory of said counties a new county, it shall be the duty of those interested in the organization of such new county to lay off the same by proper metes and bounds, of equal portions as nearly as practicable, not to exceed one-third of the territory of each of said coun- ties. The proposal to create such new county shall be submitted to the voters of said counties at a general election, in such manner as shall be prescribed by law. And if a majority of all the votes given at said election shall be in favor of the organization of said new county, it shall be the duty of the General Assembly to organize the same out of the territory thus designated. 16. Tiie General Assembly may alter or amend the charter of Clarksville and make such regulations as may be necessary for carrying into effect the objects contemplated in granting the same ; and the funds belonging to said town shall be apphed according to the intention of the grantor. Done in Convention at Indianapolis, the tenth day of February, in the year of our Lord one thousand eight hundred and fifty-one, and of the Independence of the United States the seventy-fifth. GEORGE WHITFIELD CARR, President. ILLINOIS. The first settlement made in this State was by the French, at Kaskaskia, about 1720. By the treaty of peace between England and France in 1763, it came into the possession of the British. In 1789 it constituted a part of the North- West Territory. In 1800, what is now Indiana and Illinois, became a sepa- rate territory. In 1809 Illinois became a territory under its present name, and in 1818 it was admitted into the union as an independent State. In 1800 Illi- nois contained not more than 3,000 inhabitants ; its increase has been very rapid, having more than trebled its inhabitants every ten years. Area, 50,0D0 sq. m. Pop. in 1850, 858,298. CONSTITUTION. PREAMBLE. "We, the people of the state of Illhiois — grateful to Almighty God for the civil, political, and religious liberty, which he hath so long permitted us to enjoy, and looking to him for a blessing upon our endeavors to secm-e and transmit the same miimpaired to succeeding generations — in order to form a more per- fect government, estabhsh justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and estabhsh this constitution for the state of lUinois. ILLINOIS. 423 ARTICLE 1.— Boundaries. Sec. !. Tlje boundaries and jurisdiction of the state shall be as follows, to -wit: beginning at the mouth of the Wabash river ; thence up the same, and with the line of Indiana, to tlie north-west corner of said state ; thence cast, with the line of the same state, to the middle of Lake Michigan ; thence north, along tlie middle of said lake, to north latitude forty -two degrees and thirty minutes ; thence west to the middle of the Mississippi river, and thence dov.Ti, along the middle of that river, to its confluence with tiie Ohio river ; and thence up tlie latter river, along its north-western shore, to the place of beginning : Provided, that this state shall exercise such jurisdiction upon the Ohio river as she is now entitled to, or such a*s may hereafter be agreed upon by this state and the state of Kentucky. ARTICLE II. — Concerning the Distribntion of the Powers of Government. Sec. 1. The powers of the government of the state of Illinois shall be divided into tlu-ee distinct departments, and each of them be confided to a separate body of magistracy, to wit : those which are legislative, to one ; those whicli are exec- utive, to another ; and those which are judicial, to another. 2. No person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the otliers, except as herein- after expressly duected or permitted, and all acts in contravention of tiiis sectioD ahall be void. ARTICLE 111.— Of the Legislative Department. Sec. 1. The legislative authority of tliis state shall be vested in a general assembly, wliich shall consist of a senate and house of representatives, both to be elected by the people. 2. The first election for senators and representatives shall be held on the Tuea day after the first Monday in November, one thousand eight hundred and forty eight ; and thereafter, elections for members of the general assembly shall be held once in two years, on the Tuesday next after the first Monday in Novem- ber, in each and every coimty, at such places therein as may be provided by Jaw. 3. No person shall be a representative who shall not have attained the age of twenty-five years ; who shall not be a citizen of the United States, and three years an inhabitant of tliis state ; who shall not have resided witlun the limits of the county or district in wliich he shall be chosen twelve months next preceding his election, if such county or cUstrict shall have been so long erected, but, if not, then witliin the limits of the county or counties, district or districts, out of wliich the same shall have been t.ilven, miless he shall have been absent on the pubhc businoss of the United States or of tliis state ; and who, moreover, sliall not have paid a state or county tax. 4. No person shall be a senator who shall not have attained the age of thirty years ; who shall not be a citizen of the United States, five years an inhabitant of this state and one year in the county or district in wliich he shall be chosen imme- diately preceding his election, if such count}' or cUstrict shall lia,ve been so long erected, but, if not, then within the limits of the coimty or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the public business of the United States or of this state, and sliall not, moreover, have paid a state or county tax. 5. The senators at their first session herein provided for shall be divided by lot, as near as can be, into tAvo classes. The seats of the first class shall be va- cated at the expiration of the second year, and those of the second class at the expii-ation of the fourth year ; so that one half thereof, as near as possible, may be biennially chosen for ever thereafter. 6. The senate shall consist of twenty-five members, and the house of rcpresen- tetivea shall consist of seventy-five members, until the population of the state 32 424 CONSTITUTION OF ehall amount to one million of souls, when five members may be added to the house, and five additional members for every five himdred thousand inhabitants thereafter, imtil the whole number of representatives shall amount to one hun- dred ; after which the number shall be neither increased nor diminished ; to be apportioned among the several counties according to the nmnber of white inhab- itants. In all future apportionments, where more than one county shall be thrown into a representative district, all the representatives to wliich said counties may be entitled shall be elected by the entire district. 7. No person elected to the general assembly shall receive any civil appoint- ment within this state, or to the senate of the United States, from the governor, tlie governor and senate, or from the geneial assembly, during the term for which he shall have been elected ; and all such appointments, and all votes given for any such member for any such office or appointment, shall be void ; nor shall any member of the general assembly be interested, either directly or indirectly, in any contract with the state, or any coimty thei'eof, authorised by any laAv passed during the time for wliich he shall have been elected, or during one year after ihe expiration thereof 8. Li the year one thousand eight hundred and fifty-five, and every tenth year thereafter, an enumeration of all the inhabitants of this state shall be made in such maimer as shall be directed by law ; and in the year e^hteen hundi-ed and fifty, and every tenth year thereafter, the census taken by authority of the gov- ernment of the United States shall be adopted by the general assembly as the eniuneration of this state ; and the number of senators and representatives shall, at the first regular session holden after the returns herein provided for are made, be apportioned among the several counties or districts to be estabhshed by law, according to the number of white inhabitants. 9. Senatorial and representative districts shall be composed of contiguous ter- ritory bounded by county lines ; and only one senator allowed to each senatorial, and not more than tlu'ee representatives to any representative district : Provided, that cities and to^vns, containing the requisite population, may be erected into separate districts. 10. In forming senatorial and representative districts, counties, containing a population of not more tlian one fourth over the existing ratio, shall form separate districts, and the excess shall be given to the nearest coimty or counties not having a senator or representative, as the case may be, which lias the largest white population. 11. The first session of the general assembly «hall commence on the fii-st Monday of January, one thousand eight hundi-ect and forty -nine ; and for ever after the general assembly shall meet on the first. Monday of January next en- Buing the election of the members thereof, and at no other period, unless as pro- vided by this constitution. 12. The senate and house of representatives, when assembled, shall each choose a speaker and other oflacers (the speaker of the senate excepted). Each house shall judge of the qualifications and election of its members, and sit upon its own adjournments. . Two-thii'ds of each house shall constitute a quorum ; but a smaller number may adjourn from day to day, and compel the attendance of absent members. 13. Each house shall keep aj-ournal of its proceedings, and publish them. The yeas and nays of the members on any question shall, at the desire of any two of tliem, be entered on the journals. 14. Any two members of either house shall have liberty to dissent and protest against any act or resolution, which they may tliink injurious to the public, or to any individual, and have the reasons of their dissent entered on the journals. 15. Each house may determine the rules of its proceedings, punish its membera for disorderly behavior, and, with the concurrence of two-thirds of all the mem- bers elected, expel a member, but not a second time for the same cause ; and the ILLINOIS. 425 reason for such expulsion shall be entered upon the journal, with the names of the members voting on the question. 16. When vacancies happen m either house, the governor, or the person exer- cising the powers of governor, shall issue writs of election to fill such vacancies. 17. 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 house, tliey shall not be questioned in any other place. 1 8. Eacli house may pmiish, by imprisonment during its session, any person, not a member, who sliall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence : Provided, such imprisonment shall not, at any one time, exceed twenty-four hours. 19. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as in tlie opinion of the house require secrecy. Neither house shall, without the consent of the other, adjomn for more than two days, nor to any other place than that in which the two houses shall be sitting. 20. The style of the laws of tliis state shall be: " Be it ejiacted by the people of the state of Illinois, represented in the general assembly." 21. Bills may originate in either house, but may be altered, amended, or re- jected, by the other ; and on the final passage of all bills, the vote shall be by ayes and noes, and shall be entered on the journal ; and no bill shall become a law without tlie concurrence of a majority of all the members elect in each house. 22. Bills making appropriations for the pay of the members and officers of the general assembly, and for the salaries of the officers of the government, shall not contain any provision on any other subject. 23. Every bill shall be read on three different days in each house, imless, in case of urgency, three-fom-ths of the house, where such bill is so depending, shall deem it expedient to dispense -nnth this rule ; and every bill, having passed botli houses, shall be signed by the speakers of their respective houses ; and no pri- vate or local law which may be passed by the general assembly, .shall embrace more than one subject, and that sliall be expressed in the title. And no public act of the general assembly shall take effect or be in force, until the expiration of sixty days from the end of the session at wliich the same may be passed, im- less, in case of emergency, the general assembly shall othei-wise direct. 24. The sum of two dollars per day, for tlie first forty-two days' attendance, and one dollar per day for each day's attendance thereafter, and ten cents for each necessary mile's travel, going to and returning from the seat of government, shall be allowed to the members of the general assembly, as a compensation for tlieii' services, and no more. The spealcer of the house of representatives shall be alloAved the sum of one dollar per day, in addition to his per-diem as a member. 25. The per-diem and mileage allowed to each member of the general assem- bly, shall be certified by the speakers of their respective houses, and entered on the journals, and published at the close of each session. 26. No money shall be drawn from the treasury, but in consequence of appro- priations made by law ; and an accurate statement of the receipts and expendi- tures of the public money shall be attached to, and published ^vith, the laws at the rising of each session of the general assembly. And no person, who has been or may be a collector or holder of public moneys, shall be eligible to a seat in either house of the general assembly, nor be eligible to any office of profit or trust in this state, until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable. 27. The house of representatives shall have the sole power of impeaching; but a majority of all the members elected, must concur in an impeachment. All im- peaclunents shall be tried by the senate ; and when sitting for that purpose, the senators shall be upon oath, or affirmation, to do justice according to law and 426 CONSTITUTION or evidence. No person shall be convicted without the concurrence of two thirds of the senators elected. 28. The governor, and other civil officers under this state, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend fm'ther than to removal from office, and disqualification to hold any office of honor, profit, or trust, imder this state. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and pun- ishment, according to law. 29. No judge of any com-t of law or equity, secretary of state, attorney-gen- eral, attorney for the state, recorder, clerk of any com-t of record, sheriff or col- lector, member of either house of Congress, or person holding any lucrative of- fice under the United States or of this state — provided that appointments in the laihtia, or justices of the peace, shall not be considered lucrative offices — shall have a seat in the general assembly ; nor shall any person, holding any office of honor or profit under the government of the United States, hold any office of honor or profit under the authority of tliis state. 30. Every person who shall be chosen or appointed to any office of trust or profit shall, before entering upon the duties thereof, take an oath to support the constitution of the United States, and of this state, and also an oath of office. 31. The general assembly shall have full power to exclude fi-om the privilege of electing, or being elected, any person convicted of bribery, perjury, or other infamous crime. 32. The general assembly shall have no power to grant divorces, but may au- thorize 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. 33. The general assembly shall never grant or authorize extra compensation to any public officer, agent, servant, or contractor, after the service shall have been rendered, or the contract entered into. 34. The general assembly shall direct by law in what manner suits may be brought against the state. 35. The general assembly shall have no power to authorize lotteries for any purpose, nor to revive or extend the charter of the State banli, or the charter of any other bank heretofore existing in this state, and shall pass laws to prohibit the sale of lottery -tickets in this state. 36. The general assembly shall have no power to authorize, by private or spe- cial law, the sale of any lands or other real estate belonging in whole or in part to any individual or individuals. 37. Each general assembly shall provide for all the appropriations necessary for the ordinary and contingent expenses of the government until the adjourn- ment of the next regular session, the aggregate amount of which shall not be increased without a vote of two-thu-ds of each house, nor exceed the amount of revenue authorized by law to be raised in such time : Provided, the state may, to meet casual deficits or failm-es in revenues, contract debts never to exceed in the aggregate, fifty-thousand dollars ; and the moneys thus borrowed shall be applied to the purpose for wliich they were obtained, or to repay the debt thus made, and to no other purpose ; and no other debt, except for the purpose of repelling invasion, suppressing insurrection, or defending the state in v\'^ar, (for payment of which the faitli of the state shall be pledged,) shall be contracted, unless the law authorizing the same shall, at a general election, liave been sub- mitted to the people, and have received a majority of all the votes cast for members of the general assembly at such election. The general assembly shall provide for the publication of said law for three months, at least, before the vote of the people shall be taken upon the same ; and provision shall be made, at *!r:> 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 immediately 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 first Governor shall receive an annaal salary of two thou- sand dollars, and no more! 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 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 different 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 adjoui'n 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 power 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 refusatof the Governor to serve, or of his impeachment or ab.sence from the State, the Lieu- tenant-Governor shall exercise the powers and authority appertaining to the office of Governor, until another be chosen at the periodical election for Gov- ernor, and be duly qualified, or imtil 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 until 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 government 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 administration, die, resign, or bo 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 purpose of choosing a Presi-dent for the time being. 14. There shall be a seal of the State, which 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, with 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 deteniiined 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 eflfect 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 imtil 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 ot tl e next session of the Legislature thereafter. j\RTICLE Yl.—Mllitm. Sec. J . 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 amis, shall not be com- pelled to do so, but shall pay 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 ofhce, shall take the following oath or affirmation : " I, A. B., do solemnly swear (or affirm) that I will faithluUy and impartially discharge and perform all the duties incumbent 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 further solemnly swear (or affirm) that, since the adoption of this Constitution by the Congress of the United St^ites. I, being a citizen of this State, have net 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 any person thus oflending : 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 trust or profit in this State, who shall have been convicted of having given or offered a bribe to procure his election or appointment. 4. Laws shall be made, to exclude from office, serving on juries, and from the right of sulTrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of free suflrage 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 within the State or out of it, 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 under this State. 6. In all elections by the people, the vote shall be by ballot, until 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 Legislature 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 treasuiy 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 appropriations 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 the 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 offices 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 ol 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 ibr 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 every 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, OAvned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property ; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property, as 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 lav/s 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, survej-s, 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 man, be at liberty to alienate the same, unless by the con- sent of the wife, in such manner as the Legislature may hereafter point out. 23. The Legislature shall provide in what cases officers shall continue to TKXAS. 503 perform the duties of their offices until 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 Ccise, 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 from taxation. The Legislature shall have power to lay an income tax, and to tax all persons pursuing any occupation, trzde, or prokssion: provided, that the term "occupation," shall not be con- strued to apply to pursuits 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 furniture, 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. 31. No private corporation shall be created, unless the bill creating it shall be passed by two-thirds of both houses of the Legislature ; and two-thirds of the Legislature shall have power to revoke and repeal all private corporations, by making compensation lor the franchise. And the State shall not be part owner of the stock or property belonging to any 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 amount 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 sul>- 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 Gounty of Bowie), unless by consent of two-thirds of the Legislature ; nor shall any county be laid off 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, imtil 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. 35. The salaries of the Governor and judges of the 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 aTnendlns: ih: ^ ConslUuiion. — 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 returif 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. ARTICLE 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 Sta'e from bringing with them such persons as p.re deemed slaves by the laws of any 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 emngrants : 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 lav/s 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 beneiit of such owner or owners. They may pass laws to prevent slaves from being brought into this State as merchandize only. 2. 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 YK..— 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^ See, and disqualification from holding any office 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 articlcB 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- ment, to fill the vacancy occasioned by the suspension of an officer, until the decision on the impeachment. 6. The Legislature shall provide for the trial, pimishraent, and removal from office, of all other officers of the State, by indictment, or otherwise. ARTICLE a.— 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 of the Legislature of this State to make suitable provision for the support and maintenance of public schools. TEXAS. 505 2. The Legislature shall, as early as practicable, establish free schools throughout the State, and shall furnish means for their support, by 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 fund, Avhich 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 ol 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 fund. 3. All public lands which have been heretofore, or which nay 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 received 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, ^nd 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 were 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 XII.— Land 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 West. 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 fox that purpose in 1845, which altered the bounds fixed in the Constitution. It was rejected, because it diminished its territory. In 1846 terms were agreed upon, and Iowa became the 29th State in the union. Area, 150,000 sq. m. Pop. in 1850, 192,214. CONSTITUTION. ARTICLE I. — Preamble and Boundaries. 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 independent government, by the name of the State of Iowa, the boundaries v/hereof shall be as follows : Beginning in the middle of the main channel of the Mississippi river, at a Joint due east of the middle of the mouth of the main channel of the Des f oines river, thence up the middle of the main channel of the said Des Moines river, to a point on said river where the northern boundary line of the State of Missouri, as established by the Constitution of that State, adopted June 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 tbrty-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 \l.— Bill of Rights. 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 property, 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 benefit 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 maire no law respecting an establishment of religion, or prohibiting the free exercise thereof, nor shall any jjerson be compelled to attend any place of worship, 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 office or pub- lic trust, and no person shall be deprived of any of his rights, privileges or ca- pacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion. 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 jur)^ that the matter chaiged as libellous was true, and was pub- lished with good motives, and lor 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 affirmation, 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 by 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 confronted with the witnesses against him, to have compulsory process for his own witnesses, and to have the assistance of counsel. 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 army or navy, 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 offence. 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 iines shall not be im- posed ; and cruel and unu-sual 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 the 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 Sitffrage. 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. All elections by the people shall be by ballot. ARTICLE IV.— O/ the Distribution of Power-;. 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 Department Sec. 1. The legislative authority of this State shall be vested in a Senate and House 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; luilcss the Governor of the State shall, in the interim, convene the Gen- eral Assembly by proclamation. 3. The members of the House of Representatives shall be chosen every se- cond year, by the qualified electors of their respective districts, on the first Monday in August, who.se 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 representati%'e body, and at the first session of the General Assem- bly after this Constitution cakes effect, the .senators shall he divided by lot, as equally as may be, into two cla.?ses; 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 nuniber of senators is increased, iney shall be annexed by lot to one of 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 I'cturn 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 ))roceedings, and publish the same ; determine its rules of proceedings, punish members for disorderly behavior, and with the consent of two-thirds, expel a member, but not a second time for the same oflence, 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 di.ssent from or protest against any act or resolution which he may think injurious to the public or an individual, and have the reasons for his dissent entered on the journals; and the yeas and nays of the members of either house, on any question, shall, at the desire of any two members present, be entered on the journals. 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 mor« 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 of 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 by adjournment prevent such return. 18. An accurate statement of the receipts and expenditures of the public money shall be attached to and publi'shed 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 for 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 Assembly; 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 days 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, Kmcever, that the members of the first General Assembly under this Constitution shall receive two dollars per day for their services during the 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 div^orce 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, lor 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 their 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 thirty-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 G-cneral 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 courts, each one thou- sand dollars. 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 Iowa. 2. The Governor shall be elected by the qualified electors at the time and place of voting lor members of the General Assembly, and shall hold his office four years from the lime of his installation, and until his successc/r 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 fii'st week of the session, open and pub- lish them in presence of both houses of the General Assembly. The person Uaving the highest number of votes shall be Governor; but in case any two 512 CONSTITUTION OF or more have an eqivsA 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 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 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 under the United States, or this State, execute the office of Governor, except as hereinafter expresslj' provided. 13. The Governor shall have power to grant reprieves and pardons, and comrnute 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 b}^ 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 Irom 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. i 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 E,epresentatives shall act as Governor till the vacancy be filled. ARTICLE VI. — Judicial Department. Sec. 1. The judicial power shall be vested in a Supreme Court, district com'ts, 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 the Gei\eral Assembly, and shall hold their courts at such time and place as the General Assembly may direct, and hold their offices ibr 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 Com-t shall have appellate jurisdiction only in all cases in chan- cery, and shall constitute a Court for 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 years, 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 j udges of the district courts 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 tlie authority of the same. ARTICLE Yn.—3iaiiia. 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 per.son or persons shall pay an equivalent for such exemption, in the same manner as other citizens. 3. All commissioned officers of the militia (stalf-officers excepted) shall be elected by the persons liable to perform military duty, and shall be commi.s- sioned by the Governor. ARTICLE VIII. -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 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 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 debt or liability within twenty years from the time of the contracting thereof, and shall be irrepealable until the principal and interest thereon shall be paid and discharged ; but no such law shall take effect until at a general election it shall have been submitted to the people, and have received a majority of all the votes east for and against it at such election, and all money raised by authority of such law, shall be applied wnly to the specific object therein stated, or to the payment of the debt thereby 514 CONSTITUTION 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 privilege 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 Assembly shall provide, by general laws, 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 by 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 peoplCj 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 fund, 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 exclusively 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 ta ke .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 pei'manent 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 IOWA. 515 Assembly, as soon as may be, to provide Effectual means for the improvement and permanent security of the funds of said university. ARTICLE XI. — Amendments of the Constitution. If, at any time, the General Assembly shall think 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 lor an election of delegates to a convention, to be held within six months after the vote of the people in favor thereof. ARTICLE 'Kil.—Miscellane.nus. 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 five hundred dollars. 2. No new count)'' 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 three hundred and twenty acres. WISCONSIN. The first settlement, in this state, was made at Green Bay, by the French, 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 tlie 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. T^ie territory was under the government of France till 1763 ; of Great Britain, till 1794 ; of Ohio, till 1800 ; of Indiana, till 1809 ; of ininois, till 1818 ; of Miclii- gan, till 1836 ; was under a territorial government till 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 River, 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 with a canal around the Falls of St. Mary, (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 Mssissippi 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 Kew 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 oiir freedom, in order to secui'e its blessings, form a more perfect government, ensure domestic tranquillity, and promote the general welfare, do establish this constitution. ARTICLE I.— Declaration of Rights. Sec. 1. All men are born equally free and independent, and have certain inherent rights: among these are life, hberty, and the pursuit of happiness. To secure these rights, governments ai'e 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 piuiishment of crune, whereof the party shall have been duly convicted. 3. Every person may freely speak, write, and publish Ms sentiments on all subjects, being responsible for the abuse of that right ; and no laws shall be passed to restrain or abridge the liberty 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 j my that the matter charged as libellous be 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 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 inviolate ; and shall extend to all cases at law, without regard to the amount in controversy ; but a jury trial may be waived by the parties in all cases, in the manner prescribed by law. 6. Excessive bail shall not be required ; nor shall excessive fines be imposed ; nor shall cruel and unusual punishments be inflicted. 7. In all criminal prosecutions, the accused shall enjoy the right to be heard by liimself 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 public trial by an impartial jmy of the county or district wherein the offence shall have been committed, which county or dis- trict shaU 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 m 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 corpus shall not be suspended xinless when, in case of rebellion or invasion, the public safety may require. 9. Every person is entitled to a certain remedy in the laws, for all injuries or wrongs wliich 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 adhei-ing 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 secure 'in their persons, houses, papers, and effects, against uni'easonable 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. Wo 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 forfeiture of estate. 13. The property of no person shall be taken for public use, without just compensation therefor. 14:. All lands witMn 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 all fines and like restraints upon alienation, reserved in any grant of land, hereafter made, ai'e declared to be void. 15. JSTo 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 Avholesome 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 bo compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent. Nor shall any control of, or ijiterference Avith the rights of conscience, be permitted, or any preference be given by law to any religious establishments or modes of worship. ISTor 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 ofiice of public 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 military shall be in strict subordination to the civil pow;er. 21. Writs of error shall never be prohibited by law. 22. The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by fre- quent recurrence to fundamental principles. ARTICLE IL— 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 tJae state of Elinois, that is to say, at a point in the centre of lalie Michigan where the line of forty-two degrees and thirty minutes of nortli 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 lake Brule, in a direct line, to the centre of the channel 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 WISCONSIN. 519 down the main channel of the Montreal river to the middle of lake Superior ; thence through 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 established by " an act to enable the people of the Illinois territory to form a constitution and state gorerument, 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 boundaiy 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 remam 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 direct hne, bearing south-westerly to the mouth of the Iskodewabo, or Rum river, where the same empties into the Mississippi river ; thence down the main channel of the said Mississippi river, as prescribed in the aforesaid boundary. 2. The propositions contamed in the act of congress are hereby accepted, ratified, and confii-med, and shall remain hrevocable without the consent of the United States ; and it is hereby ordained, thiit this state shall never interfere with the primary disposal of the soil within the same, by the United Stales, nor with any regulations congress may find necessaiy for securing the title in such soE to bona fide purchasers thereof; and no tax shall be imposed on land, the property of the United States ; and in no case shall non-resident proprietors be taxed higher than residents. Provided, That notliing in tliis constitution, or in the act of congress aforesaid, shall in any manner prejudice or affect the right of the state of Wisconsin to five himdred 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 III.— Suffrage. Sec. 1. Every male person of the age of twenty-one years or upwards, belong ing to either of the following 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. White persons of foreign birth, who shall have declared their intention to become citizens, conformably to the laws of the United States on the subject of naturahzation. 3d. Persons of Indian blood, who have once been declared by law of congress to be citizens of the United States, any subsequent law of congress to the con- trary notwithstanding. 4th. Civilized 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 civil rights. 3. All votes shall be given by ballot, except for such township officers as may by law be directed or allowed to be otherwise chosen. 39 520 CONSTITUTION C^F 4. No person shall be deemed to have lost his residence in this state by rea- son of his absence on business of the United States or of this state. 5. JSTo 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 aU 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 mdirectly 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-third, 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 hundi'ed and fifty -five, and at the end of every ten years thereafter ; and at their fii'st session after such enumeration, and also after each enumeration made by the authoritv 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 oSicers of the United States ajmy and navy. 4. The members of the assembly shall be 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 ai'e 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 series, 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 ofiice 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 which 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 of each 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 hoase may provide. 8. Each house may determine the rules of its own proceedings, punish for Gontempt and disorderly behavior, and, with the concurrence of two-thirds of all the 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 ofiieers, 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 pubhsh the same, except such parts as require secrecy. The doors of each house shall be kept open except when the public welfare shall require secrecy. Neither house shall, without consent of the other, adjourn for more than three days. 11. The legislatm-e shall meet at the seat of government, at such time aa WISCONSIN. 521 Bhall be provided by law, once in each year, and not oftener, unless convened by the governor. 12. No member of the legislature shall, during the term for which he was elected, be appointed or elected to any civil office in the state, which shall have been created or the emoluments of wliich shall have been increased dming the term for which he was elected. 13. N"o 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 legislature ; and if any person shall, after his election as a member of the legislature, be elected to congress, or be appointed to any office, civil or military, under the govern- ment of the United States, his acceptance thereof shall vacate his seat. 14. The governor sliall issue writs of election to fiU such vacancies as may occiu- in either house of the legislatiu-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 shall be Hable in any civil action or crimi- nal prosecution whatever, for words spoken in debate. 17. The style of the laws of the state shall be, " The people of the state of Wisconsin represented in senate and assembly, do enact as foUows ;" and no law shall be enacted except by bill. 18. No private or local bill, Avliich may be passed by the legislatm-e, shall embrace more than one subject, and that shall be expressed in the title. 19. Any bill may originate in either house of tlie legislatm-e, and a bill passed by one house may be amended by the other. 20. The yeas and nays of the members of either house, on any question, shall at the request of one-sixth of those present, be entered on the journal. 21. Each member of the legislature shall receive for liis 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 from the place of the meet- ing of the legislature, on the most usual route. 22. The legislatm-e may confer upon the boards of supervisors of the several coimties of the state, such powers of a local, legislative, and administrative char- acter, as they shall from time to time prescribe. 23. The legislatme shall establish but one system of town and county govern- ment, wliich shall be as nearly vmiform as practicable. 24. The legislatui-e shall never authorize any lottery, or grant any divorce. 25. The legislature shaU provide by law, that all stationery required for the use of the state, and all prmting 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 legislatm-e, 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 public 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 duninished during his term of office. 27. The legislatm-e 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 abiUty. 29. The legislatm-e shall deternoine what persons shall constitute the militia 522 CONSTITUTION OF of the state, and may provide for organizing and disciplining the same in such maimer as shall be prescribed by law. 80. In all elections to be made by the legislatm-e, the members thei'eof 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 Keutenant-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 quahfied 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 membei's of the legislature. The persons respectively having the highest number of votes for governor and heutenant-governor, shall be elected. But in case two or more shall have an equal and the highest number of votes for governor or lieutenant-governor, the two houses of the legislature, at its next annual session, shall forthwith, by jomt ballot, choose one of the persons so having an equal and the highest number of votes for governor or heutenant-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-cliief 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 recominend 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 such measures as may be resolved upon by the legislature, and shall take care that the laws be faithfully executed. 5. The governor shall receive dm-ing 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 limitations as he may think proper, subject to such regulations as may be provided by law relative to the maimer 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 legislatm-e at its next meeting, when the legislatm'e shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a fur- ther reprieve. He shall annually conunimicate to the legislature 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, inability 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 until the governor, absent or impeached, shall have retiirned, or the disabihty shall cease. But when the governor shall, with the consent of the legislatiu-e, be out of the state in time of war, at the head of the military force thereof, he shall continue commander-m-chief of the military force of the state. 8. The heutenant-governor shall be president of the senate, but shall have only a casting vote therein. If, dm-ing 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 filled, 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 bill wliich 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 return 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 wliich it shall likewise be re-considered, and if approved by two-thii-ds of the members present, it shall become a law. But in aU 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 be 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 bfien presented to hun, the same shall be a law, unless the legislature shall, by 11 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 of state, trea- surer, and an attorney-general, who shall severally hold then- offices for the term of two years. 2. The secretary of state shall keep a fair record of the official acts of the legislature and executive department of the state, and shall, when required, lay the same and all matters relative thereto before either branch of the legislature. He shall be ex-officio auditor, and shall perform such other duties as shall be assigned him by law. He shall receive as a compensation for his services, year- ly, such SMxa. 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 shall 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 next succeeding the termination of their offices. They may be required by law to renew their seciu-ity from time to tune ; and in default of giving such new seciu-ity, their offices shall be deemed vacant. But the coimty shall never be made responsible for acts of the sheriff. The governor may re- move any officer in this section mention'ed, giving to such officer a copy of the charges against him, and an opportimity of being heard in his defence. ARTICLE YIL— Judiciary. Sec 1. The court for the trial of impeachments shall be composed of the sen- ate. The house of representatives shall have the power of impeaching all civil officers of tliis state, for coiTupt conduct in office, or for crimes and misdemean- ors ; but a majority of all the members elected shall concur in an imjDeaclunent On the trial of an impeachment against the governor, the lieutenant-governor shall not act as a member of the court. No judicial officer shall exercise his office after he shall have been impeached, until his acquittal. Before the trial of an impeachment, the members of the court shall take an oath or affirmation truly and impartially to try the impeachment, according to evidence ; 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, or removal from office and disqualification to hold any office 624 CONSTITUTION OF of honor, profit, or trust iinder the state ; but the party impeached slxall be lia ble to indictment, trial, and jjunishment, according to law. 2. The judicial power of this state, both as to matters of law and equity, shall be vested in a supreme coui-t, chcuit com-ts, courts of probate, and in justices ol the peace. The legislature may also vest such jmisdiction as shall be deemed necessary in municipal courts, and shall have power to establish mferior courts in the several counties, with limited civil and criiuhial jurisdiction. Provided, That the jurisdiction which may be vested in municipal coiu'ts shah not exceed, in then- respective municipalities, that of civil courts in their respective circuits, as prescribed in this constitution : and that the legislatm-e shall provide as well for the election of judges of the municipal coui-ts as of the judges of inferior courts, by the qualified electors of the respective jurisdictions. The term of office of the judges of the said municipal and mferior courts shall not be longer than that of the judges of the chcuit court. 3. The supreme coiurt, except in cases otherwise provided in this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the state ; but m no case removed to the supreme coiut, shall a trial by jury be allowed. The supreme court shall have a general supermtending control over all inferior com'ts ; it shall have power to issue writs of habeas corpus, mandamus, injmic- tion, quo warranto, certiorari, and other origiiral 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, the judges of the several circuit courts shall be judges of the su- preme court, fom" of whom shall constitute a quormn, and the concurrence of a majority of the judges present shall be necessary to a decision. The legislature shall have power, if they should think it expedient and necessary, to provide by law for the organization of a separate supreme com-t, 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 m such manner as the legislature may provide. The separate supreme court, when so oi'ganized, 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 their term of ofiice shall be the same as is pro- vided for the judges of the circuit court. And whenever the legislature may consider it necessary to estabhsh a separate supreme court, they shall have power to reduce the number of circuit court judges to four, and subdivide the jii- dicial circuits, but no such subdivision or reduction shall take effect 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 circuits, to be composed as fol- lows : The first chcuit shall comprise the counties of Racine, Walworth, Roclc, and Green. The second cu'cuit, the comities of Milwaukee, Waukesha, Jefier- Bon, and Dane. The third chcuit, tne counties of Washington, 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 county 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 legislature may alter the limits, or increase the number of chcuits, making them as compact and convenient as practicable, and bounding them by county lines ; but no such alteration or increase shall have the efifect to remove a judge from office. In case of an increase of circuits, the judge or judges shall be elected as provided in this constitution, and receive a salary not less than that herein provided for judges of the circuit court. 7. For each circuit there shall be a judge chosen by the qualified electors there- UL, who shall hold his office as is provided in this constitution, and imtil his suc^ WISCONSIN. 525 cessor shall be chosen and qualified ; and after he shall have been elected, he shall reside in the circuit for which he was elected. One of said judges shall be designated as chief justice, in such manner as the legislatm-e shall provide. And the legislature shall, at its first session, provide by law, as well for the election of, as for classifying, the judges of the chcuit court, 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 coiu"ts shall have original jm-isdiction in all matters, civil and criminal, within this state, not excepted in this constitution, and not liercafter prohibited by law, an apjoellate jm-isdiction from all inferior com'ts and tribunals, and a supervisory control over the same. They shall also have the power to is- sue wi-its of habeas corpus, mandamus, injimction, quo warranto, certiorari, and all other writs necessary to caiTy into effect their orders, judgments, and decrees, and give them a general control over inferior courts and jurisdictions. 9. vVhen a vacancy shall happen in the office of judge of the supreme or cir- cuit com-ts, such vacancy shall be filled by an appointment of the governor, which shall continue rmtU a successor is elected and qualified ; and when elected, such successor shall hold liis 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 amiu- ally ; they shall receive no fees of office, or other compensation than their sala- ries ; they shall hold no office of public trust, except a judicial office, dm-iug the term 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 qualified elector witliin the jurisdiction for wliich 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 provided by law, and the leg- islature may pi-ovide for holding other terms, and at other places, when they may deem it necessary. A cucuit court shall be held at least twice in each year, in each county of this state, organized for judicial piu-poses. The judges of the circuit com-t may hold courts for each other, and shall do so when requir- ed by law. 1 2. There shall be a clerk of the chcuit com"t chosen in each county organized for judicial purposes, by the quaUfied electors thereof, who shall hold liis office for two years, subject to removal as shall be pro\'ided 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 com't may be appomted clerk of the supreme com't. 13. Any judge of the supreme or circuit court may be removed from office by address of both houses of the legislature, if two-thirds of all the members elected to each house, concur therein ; but no removal shall be made by virtue of this section, unless the judge complained of shall have been served with a copy of the charges against him, as tlie ground of addi'ess, 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 county by the quaUfied electors thereof, a judge of probate, who shall hold his office for two years, and imtil his succeeeor 526 CONSTITUTION OF shall be elected and qualified, and whose jurisdiction, powers, and duties, shall be prescribed by law : Provided, however, That th^ legislature shall have power to abolish the office of judge of probate in any county, and to confer probate powers upon such inferior courts as may be estabUshed 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 sucli manner as the legislature may direct, elect justices of the peace, whose term of office shall be for two years, and until their successors in office shall be elected and quali- fied. In case of an election to fill a vacancy 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 civil and crimmal jurisdiction as shall be prescribed by law. 16. The legislature shall pass laws for the regulation of tribunals of concilia- tion, defining theu* 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 difference to arbitration, and agree 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 carried 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 cii-cuit 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 prosecute 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, whose duty it shall be to inqmre into, revise and simplify the rules of practice, pleadings, forms, and proceedings, and arrange a system adapted to the courts of record of tliis 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 persona in each organized county, and may vest in such persons such judicial powers as shall be prescribed by law : Provided, That said power shall not exceed that of a judge of the circuit court at chambers. ARTICLE YIIL— Finance. Sec. 1. The rule of taxation shall be imiform, and taxes shall be levied upon such property as the legislatm-e shall prescribe. 2. No 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 the esti- mated expenses of the state for each year ; and whenever the expenses of any WISCONSIN. 527 year sliall 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 the estimated expenses of such ensuing year. 6. For tlie pm-pose of defraying extraordinary expenditures, the state may contract public debts ; but such debts shall never in the aggregate exceed one hundred thousand dollars. Every such debt shall be authorized by law, for some purpose or pm-poses to be distinctly specified therein ; and the vote of a major- ity of all the members elected to each house, to be taken by yeas and nays, sliall be necessary to the passage of such law ; and every such law shall provide for levying an annual tax sufficient to pay the annual interest of such debt, and the principal within 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 postponed or diminished imtil the principal and interest of such debt shall have been wholly paid. 7. The legislature may also borrow money to repel mvasion, suppress insurrec- tion, or defend the state in time of war ; but the money thus raised shall be ap- phed exclusively to the object for which 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, which shall be duly entered on the jom-nal ; and three-fifths of all the members elected to such house, shall m all such cases be requu-ed 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 laeen 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 Property 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 kading into the Mississippi and St. La^^^•ence, and the carrjdng 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 terri- tory of Wisconsin, by grant, gift, piurchase, 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 jurisdiction 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 ,gtate super- intendent, and such other officers as the legislature shall direct. The state super- intendent shall be chosen by the qualified electors of the state, in such manner 528 CONSTITUTION OF as the legislature shall proyide ; his powers, duties, and compensation shall be prescribed 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 this state, for educational pm'poses, (except the lands here- tofore granted for the purposes of a university,) and aU 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 collected 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 hundred and forty-one, and also the five per centtim of the nett proceeds of the public lands to which the state shall become entitled on her 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 which, 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 scliool 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 estabUshment of district schools, which shall be as nearly uniform as practicable ; and such schools shall be free and without charge for tuition to all children between the ages of four and twenty years ; and no sectarian instruction shall be allowed thereua. 4. Each town and city shall be required to raise by tax, aimually, for the support of common schools therein, a sum not less than one-half the amount received by such town or city respectively for school pm-poses, from the income of the school fund. 5. Provision shaU be made by law 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 fimd to any city or town, for the year in which said city or town shall fail to raise such tax, nor to any school district for the year in which a school shall not be maintained at least three months. 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 from 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 Uliited States to the state for the support of a univer- sity, sliall be and remain a perpetual fund, to be called the " imiversity fund," the interest of wliich shall be appropriated to the support of the state university ; and no sectarian instruction shall be allowed m such university. 1. The secretary of state, treasurer, and attorney- general, shall constitute a board of commissioners for the sale of the school and university lands, and for the investment of the funds arising therefrom. Any two of said commissioners shall be a quorum 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 university lands, after they shall have been appraised ; and when any poi-tion of such lands shall be sold, and the purchase money shall not be paid at the time of the sale, the commissioners shall take security by mortgage upon the land sold, for WISCONSIN. 529 the sum remaining impaid, with seven per cent, interest thereon, payable annu- ally at the office of the treasurer. The commissioners shall be authorized to execute a good and sufiicient conveyance to all purchasers of such lands, and to discharge any mortgages taken as secmity, when the sum due thereon shall have been paid. The commissioners shall have power to withliold from sale any portion of such lands when they shall deem it exjjedient ; and shall invest all moneys arismg 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 XL— Corporations. Seo. 1. Corporations without bankuig powers or privileges may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the legislatm'e, the objects of the corporation cannot be attained under general laws. AU general laws or special acts enacted imder the provisions of this section may be altered or repeal- ed by the legislature at any time after their passage. 2. No municipal corporation shall take private property for public use against the consent of the owner, without the necessity thereof being first established by the verdict of a jiu-y. 3. It shall be the duty of the legislature, and they are hereby empowered to provide for the organization of cities and incorj^orated 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 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 bank 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 legislature 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 the votes cast at such election on that subject shall be m fa- vor of baiiks, 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 mitil 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 electioiL ARTICLE XII.— Amendinents. Sec. 1. Any amendment or amendments to this constitution may be 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 with the yeas and nays taken thereon, and referred to the legislntm-e to be chosen at the next general election, and shall be published for tlu-ee months previous to the time of holding such election. And if in the legislature so next chosen, such proposed amend- ment 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 legislatm-e 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 thereon, such amendment or amendments sliall 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 this constitution, they shall recom mead 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 legislature shall at its next 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 m each year, and the general election shall be holden on the Tuesday succeeding the first Monday in November in each year. 2. Any inhabitant of this state who may hereafter be engaged, either directly or indii-ectly, in a duel, either as principal or accessary, shall forever be disqualified as an elector, and from holding any office mider 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 trust under the United States (postmasters excepted), or under any foreign power ; no person convicted of any infamous crime in any court within the United States, and no person being a defaulter to the United States, or to this state, or to any county or town therein, or to any state or territory within 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. All persons residing upon Indian lands within any county of the state, and qualified to exercise the right of suffrage under this constitution, shall be entitled to vote at the polls which may be held nearest their residence, for state, United States, or county officers ; Provided, that no person shall vote for county oJficers out of the county in which he resides. 6. The 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. T. 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 aU the legal voters of the county voting on the question, shall vote for the same. 8. No county seat shall be removed until the point to which it is proposed to be removed, shall be fixed by law, and a majority of the voters of the county, voting on the question, shall have voted in favor of 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 the boards of supervisors or other county authorities, as the legis- latm'e shall direct. All city, town, and village officers, whose election or appointment is not provided for by tliis constitution, shall be elected by the electors of such cities, towns, and villages, or of some division thereof, or appointed by such authorities thereof, as the legislature shall designate for that pm'pose. All other officers whose election or appointment is not provided for by this constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed as the legislatm-e may direct. 10. The legislature may declare the cases in which any office shall be deemed vacant, and also the manner of filling the vacancy where no provision is made for that purpose, in tlois constitution. ARTICLE XIY.— Schedule. Sec. 1. That no inconvenience may arise by reason of a change from a territo- rial to a permanent state government, it is declared that aU rights, actions, prose- cutions, judgments, claims, and contracts, as well of individuals as of bodies cor- WISCONSIN. 531 porate, 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 vaUd as if issued in the name of the state. 2. All laws now in force iia the ten-itory of "Wisconsin, which are not repug- nant to tliis constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the legislature. 3. All fines, penalties, or forfeitures accruing to the territory of Wisconsin, shall enure to the use of the state. 4. All recognizances heretofore taken, or which may be taken before the change from a territorial to a permanent state government, shall remain vaUd, and shall pass to, and may be prosecuted in tlie name of the state ; and all bonds executed to the governor of the territory, or to any otlier officer or court, in his or their official capacity, shall pass to the governor of the state authority, and their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly ; and all the estate or property, real, personal, or mixed, and all judgments, bonds, specialities, choses in action, and claims or debts of whatsoever description, of the territory of Wisconsm, shall enure to and vest in 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 which may have arisen, or which may arise before the change from a territorial to a state government, and wliich shall then be pending, sliall 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 all penalties incm-red shall remain the same as if this constitution had not been adopted. AU actions at law, and suits 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 coiu't of the state which shall have jurisdiction of the subject matter thereof 5. All officers, civil and miUtary, now holding their offices under the authority of the United Stales, 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. The first session of the legislature of the state of Wisconsin shall commence on the first Monday in June next, and shall be held at the village of 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 theii- re- spective offices, unless removed by the competent authority, imtil the legislatm-e shall in confornfity with the provisions of this constitution provide for the hold- ing of elections to fill such offices respectively. 8. The president of this convention shall, immediately after its adjournment, cause a fixir copy of this constitution, togetlier 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 27 th, 1847, providing for the calling of tliis convention, and also a copy of so much of the last census of this territory as exhibits the number of its inhabitants, to be foi"warded to the President of the United States, to be laid before the congi'ess 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 ratification or rejection, to all white male persons of the age of twenty-one years or upwards, who shall then bo 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 "witli the la"ws of congress on the subject of natu ralization ; 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 imder it. And if the constitution be ratified by the said electors, it shall become tiie 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 returns 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 given, 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 legislatm-e, and members of congress, on the second Monday of May next, and no other or fm'ther notice of such election shall be required. 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, Jefierson, Racine, Walworth, Rock, and Green, shall constitute the first congressional district, and elect one member ; and the coimties of Washing- ton, Sheboygan, Manitonwoc, Calumet, Brown, Winnebago, Fond du Lac, Mar- quette, Sauk, Portage, Columbia, Dodge, Dane, Iowa, La Fayette, Grant, Rich- land, Crawford, Chippewa, St. Croix, and La Pointe, shall constitute the second congressional district, and shall elect one member. 11. 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 returns 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. Li the first senatorial district, the returns of the election for senator shall be made to the proper ofiicer in the covmty of Brown. Li the second senatorial district, to the proper officer in the county of Columbia. Li the thii-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- turns 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 tlie 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 the first Monday in June next ; and as soon as the legislatm'e shall be organized, the speaker of the assembly and the president of the senate shall, in the presence of both houses, examine the returns, 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, shall constitute the second senate district. The counties of Crawford, Chippewa, St. Croix, and La Ponte, shall constitute the tliird senate district. WISCONSIN. 533 The counties of Fond du Lac, and "Winnebago, shall constitute the fourth senate dijstrict. The counties of Iowa and Richland, shall constitute the fifth senate district. The 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 eleventli senate cUstrict. 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 cUstrict. The towns of Racine, Caledonia, Mount Pleasant, Raymond, Norway, Roches- ter, Yorkville, and Burlington, in the cotmty of Racine, shall constitute the seventeenth senate district. The thii-d, foui'th, 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 district. The first and second wards of the city of Milwaukee, and the towns of Mil- waukee, Wauwatosa, and Granville, in the county of Milwaukee, shall constitute the nineteenth senate district. The county of Brown shall constitute an assembly district. Tlie county of Calumet shall constitute an assembly district. The county of Manitouwoc shall constitute an assembly district. Tlie county of Columbia shall constitute an assembly district. The counties of Crawford and Chippewa, shall constitute an assembly distnct. Tlie counties of St. Croix and La Pointe, shall constitute an assembly district. The towns of Windsor, Sim Prairie, and Cottage Grove, m the county of Dane, shall constitute an assembly district. The towns of Madison, Cross Plains, Clarkson, Springfield, Verona, Montrose, Oregon, and Greenfield, in the county of Dane, shall constitute an assembly district. The towns of Rome, Dunkirk, Cliristiana, Albion, and Rutland, m 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, Hubbai'd, 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 district. 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 coimty of Fond du Lac, shall constitute an assembly district. The towns of Alto, Metonian, 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, Fairplay, Smeltzer's Grove, and Jamestown, in the county of Grant, shall constitute an assembly district. The precincts of Plattville, Head of Platte, Centerville, Muscoday, and Fen- nijnore, in the county of Grant, shall constitute an assembly district. The precincts of Pleasant Valley, Potosi, Waterloo, Hurricane, and New Lis- bon, in the county of Grant, shall constitute an assembly district. 534 . CONSTITUTION OF The precincts of Beeto^^n, 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 precmcts of Dallas, Peddler's Creek, Mineral Point, and YeUow 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 county of Jefferson, shall constitute an assembly district. The 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 precmcts of Benton, Elk Grove, Belmont, Willow Springs, Prairie, and that part of Shullsbm-gh 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 comity 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 Franklin, 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 Llilwau- 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, shall 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, in the county of Rock, shall consti- tute an assembly district. The towns of Beloit, Tmile, and Clinton, in the county of Rock, shall consti tute an assembly district. The towns of Magnolia, Union, Porter, and Fulton, in the county of Rock, 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 county of Rock, shall constitute an assembly district : Provided, That if the legislatm^ shall 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. The towns of Geneva, Hudson, and Bloorafield, 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. The towns of Delavan, Sugar Creek, La Fayette, and Elkhorn, in the county of Walworth, shall constitute an assembly district. The towns of Lisbon, Menomonee, and Brookfield, in the county of Wauke- sha, shall constitute an assembly district. The to\\Tis of Warren, Oconomewoc, Summit, and Ottowa, in the county of Waukesha, 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 ISTew 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 Washington, shall consti- tute an assembly district. The towns of Mequon and Germantown, in the coimty of Washington, shall constitute an assembly district. The towns of Polk, Riclifield, 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 Winnebago 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- sembly districts. 13. Such parts of the common law as are now in force in the territory of Wiscon- sin, not inconsistent Avith 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 nnmbered 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 from the first Monday of January next. The senators first elected in the odd nmnbered senate districts, and the members of the assembly first elected, shall enter upon their duties respectively on the first Monday of June next, and shall continue in office until the first Monday in Januaiy 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 pm-pose of aiding in opening a canal to connect the waters of lake Micltigan with tiiose of Rock river," approved June eighteenth, 40 536 CONSTITUTION OF WISCONSIN. eighteen hundred and thirty-eight ; and so to alter the terms and conditions of the grant made therein, that the odd numbered sections thereby granted and remaimng unsold, may be held and disposed of by the state of "Wisconsin, as Eart of the live hundi'ed thousand acres of land to which said state is entitled y the provisions of an act of congress, entitled " an act to appropriate the pro- ceeds of the sales of the public lands, and to grant pre-emption rights," approved the fourth day of September, eighteen hundi-ed and forty-one; and further, that the even numbered sections reserved by congress may be ofifered for sale by the 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 further 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 pm-chasers of said even numbered sections wliich shall have been sold by the United States, be refunded to the present owners thereof, or they be allowed to enter any of the public 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, That 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 time 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 which 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 the pro- visions 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, 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 gi'anted to the state of Wisconsm 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 mininmn 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, That 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 fii'st day of February, A. D. eighteen hundred and forty eight. MORGAN" L. MARTHA, President. Thomas McHugh, fi'>^.ret.arv. CALIFORNIA. This country, during the Spanish rule, constituted a part of the viceroyalty of Mexico, or New Spain. When Mexico became a federal republic, not finding California sufiiciently populous to form a state, she established over it a territoriid government, of which Los Angeles and Monterey were the seats. A few years since the country between the 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 the 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 the region was Capt. Sutter, a Swiss by birth, but immigrating from Missouri, Having obtained from Mexico a grant of land tliirty leagues square, he located his residence within 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 country. He related a recent military contest, in which the scale was turned by the valor of twenty-five American hunters. Mr. Polk came into the presidency with a war upon hie 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 California beyond 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 giants 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 ecientific exploration, with 63 men, 537 538 CONSTITUTION OF composed of the famous and noble hunter and guida, Kit Carson, and otlidis lito him, ready, with sinews of steel, to do or to dare ;— furnished with artillery, iiud armed with Colt's revolvers. If Mr. Polk's ohjict was to counterwork the British plot his measures and agents were well chosen, and his plans completely successful. The Mexican treaty, signed at Gaudalupe 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 takeii by the rivulet. Would enough of our citizens go tliither 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 Californian society, into which all minor currents, not excepting the original, were merged ; and Gold, the curse of otl:er 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 had been the quantities found, tliat every convenience of life bore an enormous price. Capt. Sutter paid his blacksmith ten dollars per day ; and he received five hundred dollars per month for tlie rent of a two-story house within his fort. Gov. Mason followed up the American to the flawmill, in whose raccAvay the 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 ISTew York; 29 from Few England. From October, 1849, to October, 1850, one year, arrived at San Francisco, 48,615 immigrants by sea, and 33,000 by land. The 13th 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 their signatures to this noble instrument. The President of this body was Robert Semple, a native of Kentucky ; the Secretary, Wm. G. Marcy, of Few York. The constitution was adopted by the people Nov. 13, 1849. Population, in 1850, 200,000. S AETICLE I. — Declaration of Bights. 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, 539 instituted for the protection, security, and benefit of the people ; and they have the right to alter or reform the same whenever the public good may require it. 3. The right of trial by jury shall be secured to all, and remain inviolate forever ; but a trial by jury may be waived by the parties in all civil cases, in the manner to be prescribed by law. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State : and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so 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 i^erson 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 OF 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. 17. Foreigners who are, or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native born citizens. 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 11— Bight 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 hereafter 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 suffi'age 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. 541 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 person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas ; nor while a student of any seminary of 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 infa- mous crime, shall be entitled to the privileges of an elector. 6. All elections by the people shall be by ballot. ARTICLE III— Distribution of Powers. The powers of the government 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 Assembly 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 642 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 officers 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. Members of the Legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest, and they shall_not be subject to any civil process during the session of the Legislature, nor for fifteen days next before the commencement and after the termination of each session. 13. When vacancies occur in either house, the governor, or the person exercising the functions of the governor, shall issue "vyrits of election to fill such vacancies. 14. The doors of each house shall be open, except on such occa^ gions 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 hj one house may be amended in the other. 17. Every bill which may have passed the Legislature shall before it becomes a law be presented to the governor. If he approve it he shall sign it, but if not he shall return it, with his objections, to the house in which it originated, which shall enter the same upon the journal, and proceed to reconsider it. If after such 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. 18. 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 disti'ict 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 nevertheless 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 may 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 office of profit under this State : provided, that officers in the militia, to which there is attached no annual salary, or local officers and postmasters whose compensation does not exceed five hundred dollars per annum, shall not be deemed lucrative. 22. No person who shall be convicted of the embezzlement or defalcation of the public funds of this State, shall ever be eligible to any office of honor, trust or profit, under this State ; and the Legis- lature shall, as soon as practicable, pass a law providing for the punishment of such embezzlement or defalcation as a felony. 23. No money shall be drawn from the treasury but in conse- quence of appropriations made by law. An accurate statement of the receipts and expenditures of the public moneys shall be attached to, and published with the laws at every regular session of the 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 publii; 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 luKen, 6M CONSTITUTION OP under the direction of the Legislature, in the year one thousand eight hundred and fifty-two, and one thousand eight hundred and fifty -five, and at the end of every ten years thereafter ; and these 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 for 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. 645 •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 vote 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 infoi'mation 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. He may, on extraordinary occasions, convene the Legislature by proclamation, and shall state to both houses when assembled the purpose for which they shall have been convened. 10. He shall communicate by message to the Legislature at every session the condition of the State, and recommend such matters aa he shall deem expedient. 646 CONSTITUTION OF 11. In case of a disagreement between the two houses, with xespect 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 person shall, while holding any office under the United States or this State, exercise the office of governor, except as herein- after expressly provided. 13. The governor shall have the power to grant reprieves and pardons after conviction, for all offences except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. 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 governor, and used by him officially, and shall be called " The great seal of the State of California." 15. All grants and commissions shall be in the name and by the authority of the people of the State of California, sealed with the great seal of the State, signed by the governor, and countersigned by the secretary of state. 16. A lieutenant governor shall be elected at the same time and places, and in the same manner as the governor; and his term of office, and his qualifications of eligibility, shall also be the same. He shall be president of the Senate, but shall only have a casting vote therein. If during a vacancy of the office of governor the 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. 647 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 executive 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. 2L 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 VI. — Judicial Department. Sec. \. 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 necessary. 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 term of six years from the first day of January next afi;er 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 54:8 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 Januaiy 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 witliin the several districts, shall be provided for by law. n. 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, Avhich 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. ARTICLE Yll— Militia. Sec. 1. The Legislature shall provide by law for organizing and disciplining the militia, in such manner as they shall deem expedient, not incompatible with the constitution and laws of the United States. 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.— ^te^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 from the time of the contracting thereof, and shall be 550 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 l^.— 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 supjDort 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 Legislature may 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 effectual CALIFORNIA. 551 means for the improvement and permanent security of the funds of said university. ARTICLE X. — Mode of Amending and Revising the Constitution. Sec. 1. Any amendment or amendments to this constitution may be proposed in the Senate or Assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature then next to be chosen, and shall be published for three months next preceding the time of making such choice. And if, in the Legislature next chosen as aforesaid, such proposed 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 XL — Miscellaneous 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 oflicers 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 will 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 po:wer to provide for the election of a board of supervisors in each county ; and these supervisors shall jointly and individually perform such duties as may be pre- scribed by law. 6. All officers whose election or appointment is not provided for by this constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed as the Legislatuj-e 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 pj-operty, both real and personal, of the wife, wned or claimed by marriage, and that acquired. afterwards by gixt, devise, or descent, shall be her separate property ; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her 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. 558 15. The Legislature shall protect by law ffoin 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 oiFered a bribe, to procui'e 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 ; thenae rimning in a straight 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. 55i CONSTITUTION OP SCHEDULE. Sec. 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 by 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. Do office shall be superseded thereby, nor the laws relative to the duties of the several officers be changed, until the entering into rffice of tlie 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. Every citizen of California declared a legal voter by this constitution, and every citizen of the United States a resident of tiiis 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 1'uesday, 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 piefects of the seve- i&\ 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 each district, shall have power to designate any additional number of places for opening the polls, and that in every place of holding the election a regular poll list shall be kept by the judges and inspectors of election. It shall also be the duty of these judges and inspectors of election, on the day aforesaid, to receive the votes of the electors qualified to vote ^t such election. Each voter shall express his opinion, by depositing in the ballot box a ticket, whereon shall be written, or printed, "For the Coijstitution," or " Against the Constitutioft," or some such words as will distinctly convey the intention of the voter. These judges and inspectors shall also receive the votes for the several officers to be voted for at the said election as herein provided. At the close of the election, the judges and inspectors shall carefitlly count each ballot, and forthwith make duplicate returns thereof 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 nest, if the returns be not sooner received, it shall be the duty of a board of canvassers, to consist of the secretary of state, one of the judges of the superior court, the prefect, judge of first instance, and an alcalde of the district of Monterey, or any three of the aforementioned officers, in the presence of all who shall choose to attend, to com- pare the votes given at said election, and to immediately publish an abstract of the same in one or more of the newspapers of California. And the executive Will also immediately after ascertaining that the constitution has been ratified by the people, make proclamation of the fact ; and thenceforth tliis constitution shall be ordained and established as the constitution of California. 1. If this constitution shall be ratified by tlie people of California, the executive of the existing government is hereby requested immediately after the same shall be ascertained, in the manner herein diiected, 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 California, the Legis- lature shall assemble at the seat of government on the fifteenth day of December next ; and in*order to complete the oaganization of that body, the Senate shall elect a president pro tempore until the lieutenant governor shall be installed into office. 10. On the organization of the Legislature, it shall be the duty of the secretary of state to lay before each house a copy of the abstract made by the board of canvassers, and if called for, the original returns of election, in order that each house may judge of the correctness of the report of said board of canvassers. 11. The Legislature at its first session shall elect such officers as may be ordered by this constitution to be elected by that body, 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 effect until signed by the gover- nor after his installation into office. 12. The senators and representatives to the Congress of the United Statea, 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 Cahfornia into the American Union. ] 3. All officers of this State, other than members of the Legislature, shall be installed into ofiice on the fifteenth day of December next, or as soon thereafter as practicable. 14. Until the Legislature shall divide the State into counties, and senatorial and assembly districts, as directed 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 Sao 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 tlie Legislature shall be sixteen dollars per diem while in attendance, and sixteen dollars fur 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 salariea 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 o ^\