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/ 


From  the  Library  of 
Professor  David  Mellinkoff 


Who  donated  his  collection 

TO  the 

UCLA  School  of  Law 

Hugh  &  Hazel  Darling 

Law  Library 

August  1 999 


"Cleansed  of  words  without  reason,  much 
of  the  language  of  the  law  need  not  be 

PECULIAR  AT  ALL.    AnD  BETTER  FOR  IT." 

The  Language  of  the  Law 
BY  David  Mellinkoff 


THE  FEDERAL  AND  STATE       ^. 

CONSTITUTIONS 


V  , 


COLONIAL  CHARTERS,  AND  OTHER      " 
ORGANIC  LAWS 

OF  THE 

STATES,  TERRITORIES,  AND 
COLONIES 

NOW  OR  HERETOFORE  FORMING 

THE  UNITED  STATES  OF  AMERICA 


Compiled  and  Edited 
under  the  Act  of  Congress  of  June  30,  1906 

By 
FRANCIS  NEWTON  THORPE,  Ph.  D.,  LL.  D. 

Member  of  the  Pennsylvania  Bar;  Fellow  and  Professor  of  American  Constitu 
tional  History  at  the  University  of  Pennsylvania,  1885-1898;  Member  of 
the  American  Historical  Association;  Author  of  The  Constitutional  History 
of  the  United  Slates,  1765-1895;  A  (State)  Constitutional  History  of 
the  American  People,  1776-1850;   A  Short  Constitutional   History 
of  the  United  States;    A  (Social  and  Economic)   History  of  the 
American  People;  A  FHstory  of  the  Civil  War;  Editor  of  the  His- 
tory of  North  America,  Volumes  IX,  XV,  XVI,  XVIII,  XIX, 
XX;    Author  of  The  Government  of   the  People  of  the 
United  States;  Benjamin  Franklin  and  the  University 
of  Pennsylvania;  The  Life  of  William  Pepper,  etc. 


VOL.  II 

Florida — Kansas 


WASHINGTON 

GOVERNMENT   PRINTING   OFFICE 

1909 


FLORIDA 

TREATY  BETWEEN  SPAIN  AND  THE  UNITED  STATES— 1795 

[This  treaty,  ■which  can  bo  found  in  vohnno  cigiit  of  the  Statutes 
at  Large,  edition  of  1848.  pages  138-153,  provides  that:  "The  south- 
ern boundary  of  the  United  States,  which  divides  their  territory 
from  the  Spanish  colonies  of  East  and  West  Florida,  shall  be  desig- 
nated by  a  line  beginning  on  the  river  Mississippi,  at  the  northern- 
most part  of  the  thirty-first  degree  of  latitude  north  of  the  equator, 
which  from  thence  shall  be  drawn  due  east  to  the  middle  of  the  river 
Apalachicola,  or  Catahouche,  thence  along  the  middle  thereof  to  its 
junction  with  the  Flint:  thence  straight  to  the  head  of  Saint  ]\Iary's 
River,  and  thence  down  the  middle  thereof  to  the  Atlantic  Ocean.*' 

It  was  agreed  that  a  conunissioner  and  a  surveyor  should  be 
appointed  by  each  of  the  contracting  parties,  who  should  meet  at 
Natchez  and  proceed  to  run  and  nuirk  this  boundary :  and  it  was 
further  agreed  that  the  two  high  contracting  parties  should,  by  all 
the  means  in  their  power,  maintain  peace  and  harmony  among  the 
several  Indian  nations  who  inhabit  the  country  adjacent  to  the  lines 
and  rivers  which  formed  the  boundaries  of  the  two  Floridas.] 

TREATY  WITH  SPAIN  CEDING  FLORIDA— 1819  ' 

Treaty  of  amity,  settlement,  aiul  limits  between  the  T'nited  States  of  America 
and  His  Catholie  Majesty. 

The  Ignited  States  of  America  and  His  Catholic  Majesty,  desiring 
to  consolidate,  on  a  permanent  basis,  the  friendship  and  good  corre- 
spondence which   happily  prevails  between  the  two   parties,  have 

a  This  treaty  was  concluded  February  22,  1819.  The  ratifications  were 
exchanged  February  22,  1821,  and  proclaimed  February  22,  1821.  By  the  treaty 
of  Saint  lldefonso,  made  October  1.  18(»o.  Spain  had  ceded  Louisiana  to  France; 
and  France,  by  the  treaty  of  I'aris,  signed  April  MU,  180.3,  had  t-eded  it  to  the 
Fnited  States.  I'uder  this  treaty  the  I7nited  States  claimed  the  countries 
between  the  Iberville  and  the  I'erdido.  Spain  contended  that  her  cession  to 
France  comi)rehended  only  that  territory  which,  at  the  time  of  the  cession,  was 
denominated  Louisiana,  consisting  of  the  island  t)f  New  Orleans,  and  the  country 
which  had  been  (n-iginally  ceded  to  her  by  France  west  of  the  Mississippi.  Con- 
gress passed  a  joint  resolution.  ap[>roved  .January  l."».  1811.  declaring  that  the 
Fnited  States,  under  the  peculiar  circumstances  of  the  existing  crisis,  could  not. 
without  serious  inijuietude.  see  any  i)art  of  this  disputed  territory  pass  into  the 
hands  of  any  foreign  power;  and  that  a  due  regard  to  their  own  safety  com- 
pelled them  to  iirovide,  under  certain  ct)utingencies,  for  the  temporary  occupa- 
tion of  the  disputed  territory  ;  they,  at  the  same  time,  declaring  that  the  terri- 
tory should,  in  their  hands,  remain  subject  to  future  negotiation.  An  act  of 
Congress,  approved  on  the  same  day,  authorizi'd  the  President  to  take  possession 
of  and  occupy  all  or  any  part  of  the  territory  lying  east  of  the  river  Perdido  and 
south  of  the  State  of  (ieorgia  and  the  Mississipi)i  Territory,  in  ca.se  an  arrange- 
ment had  been,  or  should  be,  made  with  the  local  authority  of  the  said  territory, 
for  delivering  up  the  possession  of  the  same,  or  any  luirt  thereof,  to  the  United 
States,  or  in  the  event  of  an  attempt  to  occupy  the  said  territory,  or  any  part 
thereof,  by  any  foreign  goveruiuent. 

649 


050  Florida— 1819 

(IctonniiuHl  to  settle  niul  terminate  all  their  differences  and  preten- 
sions, hy  a  treaty,  which  shall  designate,  with  precision,  the  limits  of 
(heir  respective  Ijoideiing  territoi'ies  in  North  America. 

Wi(h  tins  intention  the  President  of  the  United  States  has  fur- 
nished with  their  full  i)owers  John  Quincy  Adams,  Secretary  of  State 
of  the  said  United  States;  and  Ilis  Catholic  Majesty  has  appointed 
the  Most  Excellent  Lord  Don  Luis  De  Onis,  Gonzales,  Lopez  y  Vara, 
Lord  of  the  Town  of  Rayaces,  Perpetual  Regidor  of  the  Corporation 
of  the  city  of  Salamanca,  Knight  Grand  Cross  of  the  Royal  American 
Order  of  Isabella  the  Catholic,  decorated  with  the  Lys  of  La  Vendee, 
Knight  Pensioner  of  the  Royal  and  Distinguished  Spanish  Order  of 
Charles  the  Third,  Member  of  the  Supreme  Assembly  of  the  said 
Royal  Order;  of  the  Council  of  His  Catholic  Majesty;  his  Secretary, 
with  P^xercise  of  Decrees,  and  His  Envoy  Extraordinary  and  Minister 
Plenipotentiary  near  the  United  States  of  America. 

And  the  said  Plenipotentiaries,  after  having  exchanged  their  pow- 
ers, have  agreed  upon  and  concluded  the  following  articles : 

Article  I 

There  shall  be  a  firm  and  inviolable  peace  and  sincere  friendship 
betw'een  the  United  States  and  their  citizens  and  His  Catholic 
Majestj',  his  successors  and  subjects,  without  exception  of  persons  or 
places. 

Article  II 

His  Catholic  Majesty  cedes  to  the  United  States,  in  full  propertj^ 
and  sovereignty,  all  the  territories  which  belong  to  him,  situated  to 
the  eastward  of  the  Mississippi,  known  by  the  name  of  East  and  West 
Florida.  The  adjacent  islands  dependent  on  said  provinces,  all  pub- 
lic lots  and  squares,  vacant  lands,  public  edifices,  fortifications,  bar- 
racks, and  other  buildings,  which  are  not  private  property,  archives 
and  documents,  which  relate  directly  to  the  property  and  sovereignty 
of  said  provinces,  are  included  in  this  article.  The  said  archives  and 
documents  shall  be  left  in  possession  of  the  commissaries  or  officers 
of  the  United  States,  duly  authorized  to  receive  them. 

Article  III 

The  boundary-line  between  the  two  countries,  west  of  the  Missis- 
sippi, shall  begin  on  the  Gulph  of  Mexico,  at  the  mouth  of  the  river 
Sabine,  in  the  sea,  continuing  north,  along  the  western  bank  of  that 
I'iver,  to  the  32d  degree  of  latitude ;  thence,  by  a  line  due  north,  to  the 
degi-ee  of  latitude  where  it  strikes  the  Rio  Roxo  of  Xachitoches,  or 
Red  RiA'er;  then  following  the  course  of  the  Rio  Roxo  westward, 
to  the  degree  of  longitude  100  west  from  London  and  23  from 
Washington ;  then,  crossing  the  said  Red  River,  and  running  thence, 
by  a  line  due  north,  to  the  river  Arkansas;  thence,  following  the 
course  of  the  southern  bank  of  the  Arkansas,  to  its  source,  in  latitude 
42  north;  and  thence,  by  that  parallel  of  latitude,  to  the  South  Sea. 
The  whole  being  as  laid  down  in  Melish's  map  of  the  United  States, 
published  at  Philadelphia,  improved  to  the  first  of  January,  1818. 
But  if  the  source  of  the  Arkansas  River  shall  be  found  to  fall  north 


Florida— 1819  651 

or  south  of  latitude  42,  then  the  line  shall  run  from  the  said  source 
due  south  or  north,  as  the  case  may  be,  till  it  meets  the  said  parallel 
of  latitude  42.  and  thence,  along  the  said  parallel,  to  the  South  Sea: 
All  the  islands  in  the  Sabine,  and  the  said  Red  and  Arkansas  Rivers, 
throughout  the  course  thus  described,  to  belong  to  the  United  States; 
but  the  use  of  the  waters,  and  the  navigation  of  the  Sabine  to  the 
sea,  and  of  the  said  rivers  Roxo  and  Arkansas,  throughout  the  extent 
of  the  said  boundary,  on  their  respective  banks,  shall  be  common  to 
the  respective  inhabitants  of  both  nations. 

The  two  high  contracting  parties  agree  to  cede  and  renounce  all 
their  rights,  claims,  and  pretensions  to  the  territories  described  by  the 
said  line,  that  is  to  say:  The  United  States  hereby  f^ede  to  His  Ci^tho- 
lic  Majesty,  and  renounce  forever,  all  their  rights,  claims,  and  pre- 
tensions, to  the  territories  lying  west  and  south  of  the  above-described 
line;  and,  in  like  manner.  His  Catholic  Majesty  cedes  to  the  said 
United  States  all  his  rights,  claims,  and  pretensions  to  any  territories 
east  and  north  of  the  said  line,  and  for  himself,  his  heirs,  and  suc- 
cessors, renounces  all  claim  to  the  said  territories  forever. 

Article  IV 

To  fix  this  line  with  more  precision,  and  to  place  the  landmarks 
which  shall  designate  exactly  the  limits  of  both  nations,  each  of  the 
contracting  parties  shall  appoint  a  Commissioner  and  a  surveyor, 
Avho  shall  meet  before  the  termination  of  one  year  from  the  date  of 
the  ratification  of  this  treaty  at  Nachitoches.  on  the  Red  River,  and 
proceed  to  run  and  mark  the  said  line,  from  the  mouth  of  the  Sabine 
to  the  Red  River,  and  from  the  Red  River  to  the  river  Arkansas,  and 
to  ascertain  the  latitude  of  the  source  of  the  said  river  Arkansas, 
in  conformity  to  what  is  above  agreed  upon  and  stipulated,  and  the 
line  of  latitude  42,  to  the  South  Sea :  they  shall  make  out  plans,  and 
keep  journals  of  their  proceedings,  and  the  result  agreed  upon  by 
them  shall  be  considered  as  part  of  this  treaty,  and  shall  have  the 
same  force  as  if  it  were  inserted  therein.  The  two  CTOvernments 
will  amicably  agree  respecting  the  necessary  articles  to  be  furnished 
to  those  persons,  and  also  as  to  their  respective  escorts,  should  such  be 
deemed  necessary. 

Article  V 

The  inhabitants  of  the  ceded  territories  shall  be  secured  in  the  free 
exercise  of  their  religion,  without  any  restriction;  and  all  those  who 
may  desire  to  remove  to  the  Spanish  dominions  shall  be  permitted 
to  sell  or  export  their  effects,  at  any  time  whatever,  without  being 
subject,  in  either  case,  to  duties. 

Article  VI 

The  inhabitants  of  the  territories  which  His  Catholic  Majesty 
cedes  to  the  Ignited  States,  by  this  treaty,  shall  l)e  incori)orated  in 
the  Union  of  the  United  States  as  soon  as  may  be  consistent  with  the 
principles  of  the  Federal  Constitution,  and  admitted  to  the  enjoy- 
ment of  all  the  privileges,  rights,  and  immunities  of  the  citizens  of  the 
United  States. 


052  Florida— 1819 

Article  VII 

Tho  offirors  and  Iroops  of  His  Catholic  Majesty,  in  the  territories 
hereby  ('(mUmI  by  him  to  the  United  States,  shall  be  withdrawn,  and 
possession  of  tho  i:)laces  occupied  by  them  shall  be  given  within  six 
months  aftor  the  exchange  of  the  ratifications  of  this  treaty,  or  sooner 
if  possible,  by  the  officers  of  His  Catholic  Majesty  to  the  commis- 
sioners or  officers  of  the  United  States  duly  appointed  to  receive 
them;  and  the  United  States  shall  furnish  the  transports  and  escort 
necessary  to  convey  the  Spanish  officers  and  troops  and  their  baggage 
to  the  Eta  van  a. 

Article  VIII 

All  the  grants  of  land  made  before  the  24:th  of  January.  1S18.  by 
His  Catholic  Majesty,  or  by  his  lawful  authorities,  in  the  said  terri- 
tories ceded  by  His  Majesty  to  the  United  States,  shall  be  ratified  and 
confirmed  to  the  persons  in  possession  of  the  lands,  to  the  same  extent 
that  the  same  grants  would  be  valid  if  the  territories  had  remained 
under  the  dominion  of  His  Catholic  Majesty.  But  the  owners  in  pos- 
session of  such  lands,  who,  by  reason  of  the  recent  circuilistances  of 
the  Spanish  nation,  and  the  revolutions  in  Europe,  have  been  pre- 
vented from  fulfilling  all  the  conditions  of  their  grants,  shall  complete 
them  within  the  terms  limited  in  the  same,  respectively,  from  the 
date  of  this  treaty ;  in  default  of  which  the  said  grants  shall  be  null 
and  void.  All  grants  made  since  the  said  2-ith  of  January,  1818, 
when  the  first  proposal,  on  the  part  of  His  Catholic  Majesty,  for  the 
cession  of  the  Floridas  was  made,  are  hereby  declared  and  agreed  to 
be  null  and  void. 

Article  IX 

The  two  high  contracting  parties,  animated  with  the  most  earnest 
desire  of  conciliation,  and  with  the  object  of  putting  an  end  to  all 
the  differences  which  have  existed  between  them,  and  of  confirming 
the  good  imderstanding  which  they  wish  to  be  forever  maintained 
between  them,  reciprocall}^  renounce  all  claims  for  damages  or 
injuries  Avhich  they,  themselves,  as  Avell  as  their  respective  citi- 
zens and  subjects,  ma}'  have  suffered  until  the  time  of  signing  this 
treat3^ 

The  remmciation  of  the  United  States  will  extend  to  all  the  injuries 
mentioned  in  the  convention  of  the  11th  of  August,  1802. 

2.  To  all  claims  on  account  of  prizes  made  by  French  privateers, 
and  condenmed  by  French  Consuls,  Avithin  the  territory  and  jurisdic- 
tion of  Spain. 

3.  To  all  claims  of  indemnities  on  account  of  the  suspension  of  the 
right  of  deposit  at  New  Orleans  in  1802. 

4.  To  all  claims  of  citizens  of  the  United  States  upon  the  Govern- 
ment of  Spain,  arising  from  the  unlawful  seizures  at  sea,  and  in  the 
ports  and  territories  of  Spain,  or  the  Spanish  colonies. 

5.  To  all  claims  of  citizens  of  the  United  States  upon  the  Spanish 
Government,  statements  of  which,  soliciting  the  interposition  of  the 
Government  of  the  United  States,  have  been  presented  to  the  Depart- 
ment of  State,  or  to  the  ^Minister  of  the  United  States  in  Spain,  since 


Florida-  1819  653 

the  date  of  the  convention  of  ISOii    and  nntil  the  signature  of  this 
treaty. 

The  renunciation  of  His  Catholic  ^Sla  jesty  extends — 

1.  To  all  the  injuries  mentioned  in  the  convention  of  the  11th  of 
August,  1802. 

2.  To  the  sums  which  His  Catholic  Majesty  advanced  for  the  return 
of  Captain  Pike  from  the  Provincias  Internas. 

3.  To  all  injuries  caused  by  the  expedition  of  Miranda,  that  was 
fitted  out  and  equipped  at  New  York. 

4.  To  all  claims  of  Spanish  subjects  upon  the  Government  of  the 
United  States  arizing  from  uidawful  seizures  at  sea.  or  within  the 
ports  and  territorial  jurisdiction  of  the  United  States. 

Finally,  to  all  the  claims  of  subjects  of  His  Catholic  Majesty  upon 
the  Government  of  the  United  States  in  which  the  interposition  of 
his  Catholic  Majesty's  Government  has  been  solicited,  before  the  date 
of  this  treaty  and  since  the  date  of  the  convention  of  1802,  or  which 
may  have  been  made  to  the  department  of  foreign  aH'airs  of  His 
Majesty,  or  to  his  Minister  of  the  United  States. 

And  the  high  contracting  parties,  respectively,  renounce  all  claim 
to  indemnities  for  any  of  the  recent  events  or  transactions  of  their 
respective  commanders  and  officers  in  the  Floridas, 

The  United  States  will  cause  satisfaction  to  be  made  for  the 
injuries,  if  any,  which,  by  process  of  law,  shall  be  established  to  have 
been  suffered  by  the  Spanish  officers,  and  individual  Spanish  inhabit- 
ants, by  the  late  oj)erations  of  the  American  Army  in  Florida. 

Akticlk  X 

The  convention  entered  into  between  the  two  GoA'ernments,  on  the 
11th  of  Auoust.  1802,  the  ratifications  of  which  were  exchanged  the 
21st  December,  1818,  is  amndled. 

AkIK  LK   XI 

The  United  States,  exonerating  Spain  from  all  demands  in  future, 
on  account  of  the  claims  of  their  citizens  to  Avhich  the  renunciations 
herein  contained  extend,  and  considering  them  entirely  cancelled, 
undertake  to  make  satisfaction  for  the  same,  to  an  amount  not 
exceeding  five  millions  of  dollars.  To  ascertain  the  full  amount  and 
validity  of  those  claims,  a  conunission.  to  consist  of  three  Connnis- 
sioners,  citizens  of  the  United  States,  shall  be  appointed  by  the 
President,  by  and  with  the  advice  and  consent  of  the  Senate,  which 
commission  shall  meet  at  the  city  of  Washington,  and,  within  the 
space  of  three  years  from  the  time  of  their  first  meeting,  shall  receive, 
examine,  and  decide  upon  the  amount  and  validity  of  all  the  claims 
included  within  the  descrij)tions  above  mentioned.  The  said  Com- 
missioners shall  take  an  oath  or  affirmation,  to  be  entered  on  the 
record  of  their  2)roceedings,  for  the  faithful  and  diligent  discharge 
of  their  duties;  and.  in  case  of  the  death,  sickness,  or  ne<'essary 
absence  of  an}'  such  Commissioner,  his  place  nuiy  Ije  supplied  by  the 
apiK)intment,  as  aforesaid,  or  by  the  President  of  the  United  States, 
during  the  recess  of  the  Senate,  of  another  Conuiiissionei'  in  his  stead. 

7251 — VOL  1 — C»T 14 


654  Florida— 1819 

The  said  Commissioners  shall  be  authorized  to  hear  and  examine,  on 
oath,  every  question  relative  to  the  said  claims,  and  to  receive  all 
suitable  authentic  testimony  concerning  the  same.  And  the  Spanish 
Government  shall  furnish  all  such  documents  and  elucidations  as 
may  be  in  their  ])ossession,  for  the  adjustment  of  the  said  claims, 
according  to  the  principles  of  justice,  the  laws  of  nations,  and  the 
stipulations  of  the  treaty  between  the  tAvo  parties  of  2Tth  October, 
171)5;  the  said  documents  to  be  specified,  when  demanded,  at  the 
instance  of  the  said  Commissioners. 

The  payment  of  such  claims  as  may  be  admitted  and  adjusted  by 
the  said  Commissioners,  or  the  major  part  of  them,  to  an  amount 
not  exceeding  five  millions  of  dollars,  shall  be  made  by  the  United 
States,  either  immediateh^  at  their  Treasur3\  or  by  the  creation  of 
stock,  bearing  an  interest  of  six  per  cent,  per  annum,  payable  from 
the  ])roceeds  of  sales  of  public  lands  within  the  territories  hereby 
ceded  to  the  United  States,  or  in  such  other  manner  as  the  Congress 
of  the  United  States  may  prescribe  by  law. 

The  records  of  the  proceedings  of  the  said  Commissioners,  together 
with  the  vouchers  and  documents  produced  before  them,  relative  to 
the  claims  to  be  adjusted  and  decided  upon  by  them,  shall,  after  the 
close  of  their  transactions,  be  deposited  in  the  Department  of  State 
of  the  United  States ;  and  copies  of  them,  or  au}^  part  of  them,  shall 
be  furnished  to  the  Spanish  Government,  if  required,  at  the  demand 
of  the  Spanish  Minister  in  the  United  States. 

Article  XII 

The  treaty  of  limits  and  naviaation,  of  1795,  remains  confirmed  in 
all  and  each  one  of  its  articles  excepting  the  2,  8,  4,  21,  and  the  second 
clause  of  the  22d  article,  which,  having  been  altered  by  this  treaty, 
or  having  received  their  entire  execution,  are  no  longer  valid. 

With  respect  to  the  15th  article  of  the  same  treaty  of  friendship, 
limits,  and  navigation  of  1795,  in  Avhich  it  is  stipulated  that  the  flag 
shall  cover  the  property,  the  Iavo  high  contracting  parties  agree  that 
this  shall  be  so  understood  with  respect  to  those  powers  who  recog- 
nize this  principle;  but  if  either  of  the  two  contracting  parties  shall 
Ix'  at  war  with  a  third  party,  and  the  other  neutral,  the  flag  of  the 
neutral  shall  cover  the  jjroperty  of  enemies  Avhose  government  ac- 
knowledge this  principle,  and  not  of  others. 

Article  XIII 

Both  contracting  parties,  Avishing  to  favor  their  mutual  commerce, 
b}^  atfording  in  their  ports  every  necessary  assistance  to  their  respec- 
tive merchant-vessels,  have  agreed  that  the  sailors  who  shall  desert 
from  their  vessels  in  the  ports  of  the  other,  shall  be  arrested  and 
delivered  up,  at  the  instance  of  the  consul,  who  shall  prove,  neverthe- 
less, that  the  deserters  belonged  to  the  vessels  that  claimed  them,  ex- 
hibiting the  document  that  is  customary  in  their  nation :  that  is  to  say, 
the  American  Consul  in  a  Spanish  port  shall  exhibit  the  document 
known  by  the  name  of  articles,  and  the  Spanish  Consul  in  American 
j)orts  the  roll  of  the  vessel;  and  if  the  name  of  the  deserter  or  de- 


Florida— 1810  655 

sorters  who  arc  clainiod  shall  ajijx'ar  in  the  one  or  the  other,  they 
shall  be  arrested,  held  in  custody,  and  delivered  to  the  vessel  to  which 
they  shall  belong. 

Article  XIV 

The  United  States  hereby  certify  that  they  have  not  received  any 
compensation  from  France  for  the  injuries  they  su tiered  from  her 
privateers,  Consuls,  and  tribunals  on  the  coasts  and  in  the  jiorts  of 
Spain,  for  the  satisfaction  of  which  provision  is  made  by  this  treaty; 
and  they  will  present  an  authentic  statement  of  the  prizes  made,  and 
of  their  true  value,  that  Spain  may  avail  herself  of  the  same  in  such 
manner  as  she  may  deem  just  and  i)roper. 

Aurici.r.  XV 

The  United  States,  to  give  to  His  Catholic  Majesty  a  proof  of  their 
desire  to  cement  the  relations  of  amity  subsisting  between  the  two 
nations,  and  to  favor  the  commerce  of  the  subjects  of  His  Catholic 
Majesty,  agree  that  Spanish  vessels,  coming  laden  only  with  produc- 
tions of  Spanish  growth  or  manufactures,  directly  from  the  ]iorts  of 
Spain,  or  of  her  colonies,  shall  be  admitted,  for  the  term  of  twelve 
years,  to  the  ports  of  Pensacola  and  St.  Augustine,  in  the  Floridas, 
without  pajnng  othei'  or  higher  duties  on  their  cargoes,  or  of  tonnage, 
than  will  be  paid  by  the  vessels  of  the  United  States.  During  the 
said  term  no  other  nation  shall  enjoy  the  same  privileges  within  the 
ceded  territories.  The  twelve  years  shall  commence  three  months 
after  the  exchange  of  the  ratifications  of  this  treaty. 

AinicLH  XVI 

The  i)i-esent  tr(>aty  shall  be  ratified  in  due  form,  by  the  contracting 
parties,  and  the  ratifications  shall  be  exchanged  in  six  months  fi-om 
this  time,  or  sooner  if  possible. 

In  witness  whei'eof  we,  the  underwritten  JMenij)otentiai-ies  of  the 
United  States  of  America  and  of  His  Catholic  JNIajesty,  have  signed, 
by  virtue  of  our  powers,  the  present  treaty  of  amity,  settlement,  and 
limits,  and  have  thereunto  affixed  our  seals,  respectively. 

Done  at  A\'ashington  this  twenty-second  day  of  February,  one 
thousand  eight  hundred  and  nineteen. 

John   QiiNcv  Aoams.      |i..  s.  | 
Luis  de  Oxis.  [l.  s.  ] 


650  FloricIa—lSlO 

TEMPORARY  GOVERNMENT  OF  FLORIDA— 1819  " 

I  l"ll'  TKK.NTII     ("ONGKKSS.     SlX'O.MJ    SESSION  J 

An  Act  to  ;nilliorizi'  the  rrcsideiit  of  the  United  States  to  take  iiossessiou  of 
East  and  West  Florida,  and  establisli  a  temporary  government  therein. 

Be  it  enacted  by  the  Senate  and  Ilou^e  of  RepresentatlvcH  of  the 
United  States  of  Amertca  in,  Congress  assemhJed^  That  the  President 
of  the  Ignited  States  he,  and  he  is  hereby,  authorized  to  take  pos- 
session of,  and  occupy,  the  territories  of  P2ast  and  West  Florida,  and 
the  appendages  and  appurtenances  thereof;  and  to  remove  and  trans- 
port the  officers  and  soldiers  of  the  king  of  Spain,  being  there,  to 
the  Havana,  agreeably  to  the  stipulations  of  a  treaty  betAveen  the 
United  States  and  Spain,  executed  at  Washington,  on  the  twenty- 
second  day  of  February,  in  the  year  one  thousand  eight  hundred  and 
nineteen,  providing  for  the  cession  of  said  territories  to  the  United 
States;  and  he  may,  for  these  purposes,  and  in  order  to  maintain  in 
said  territories  the  authority  of  the  United  States,  emplo}'  an}'  part 
of  the  army  and  navy  of  the  United  States,  and  the  militia  of  any 
state  or  territory  which  he  may  deem  necessary. 

Sec.  2.  And  he  it  further  enacted^  That,  until  the  end  of  the  first 
session  of  the  next  Congress,  unless  provision  for  the  temporary  gov- 
ernment of  said  territories  be  sooner  made  by  Congress,  all  the  mili- 
tary, civil,  and  judicial,  powers,  exercised  by  the  officers  of  the  exist- 
ing government  of  the  same  territories,  shall  l)e  vested  in  such  person 
and  persons,  and  shall  be  exercised  in  such  manner,  as  the  President 

n  For  other  statutes  of  an  organic  nature  relating  to  Florida  subsequent  to 
ISIO  see  the  act  to  protest  against  occupation  of  Florida  by  any  other  power, 
Joint  resolution  of  January  1.").  1811 ;  to  authorize  the  president  to  occupy 
Florida.  .January  1.5.  1811;  to  authorize  the  president  to  take  possession  of 
certain  territory.  March  8,  1811  ;  to  authorize  the  president  to  take  ])ossessiou 
of  West  Florida,  February  12,  1812  (all  these  resolutions  are  printed  in  Statutes 
at  Large  III.  471-472.  under  year  1818)  ;  to  establish  a  government  in.  act  of 
March  ?,,  1821 ;  to  regulate  commerce  and  trade  in.  ]March  30,  1822 ;  to  relieve 
the  people  from  certain  ordinances.  May  7.  1822 ;  to  amend  act  establishing  a 
government,  March  3,  1823;  to  settle  claims  arising  in,  March  3,  1823;  to  con- 
sent to  an  act  of  Florida  levying  a  poll-tax,  April  22,  1824;  to  reorganize  the 
courts  of.  May  20.  1824:  to  settle  land  claims  and  provide  for  the  preservation 
of  public  archives,  March  3,  182.j ;  to  reorganize  courts  and  provide  for  elective 
legislative  council,  INIay  15.  182G ;  to  provide  for  erection  of  election  districts. 
April  28,  1828:  to  establish  a  southern  .judicial  district.  May  2.3.  1828:  to  give 
citizeus  right  to  elect  officers,  and  to  apportion  n)eml)ers  of  legislative  council, 
January  21,  1829;  to  erect  a  town  on  school  lands,  March  2,  1820:  to  authorize 
governor  to  appoint  to  certain  vacancies.  May  8,  18:50;  to  alter  time  of  holding 
sessions  of  legislative  council.  May  14,  18.30;  to  elect  additional  members  of 
the  legislative  council.  March  22.  1832 ;  to  fix  jurisdiction  of  court  of  appeals, 
July  14,  18.32 ;  to  equalize  representation  in,  June  18.  1834 ;  to  increase  salaries 
of  judges,  June  30,  1834;  repeal  of  Florida  act  laying  tax  on  slaves  of  non- 
residents, June  .30,  1834 ;  to  regulate  sessions  of  courts,  February  2.5.  1836 ;  to 
disapi>rove  and  annul  certain  acts  of  legislature  of  Florida.  July  1,  1836;  to 
confirm  a  Florida  act  incorporating  a  railroad.  June  28.  1838:  to  reorganize 
the  legislative  council,  establishing  two  houses  called  senate  and  house  of  repre- 
sentatives. July  7.  1838;  to  authorize  legislature  to  regulate  aiii)ortioniiient  of 
representatives,  and  to  i)rovide  for  popular  election  of  justices  of  the  peace  and 
militia  ofljcers.  June  15.  1844:  to  supiilement  the  act  for  the  admission  of 
Florida  and  Iowa  into  the  union,  March  3.  184.5. 


I<ln}'i<la—1822  057 

of  the  TTnited  Stales  shall  direct,  for  the  niaintahiinii:  the  inhabit- 
ants of  said  territoi'ies  in  the  free  enjovnient  of  tlieir  liberty,  jirop- 
ert_y,  and  religion;  and  the  laws  of  the  United  States,  relatiw  to 
the  collection  of  re\-eniie,  and  the  importation  of  persons  of  colonr, 
shall  be  extended  to  the  said  territories;  and  the  l^resident  of  the 
United  vStates  shall  be,  and  he  is  hereby,  authorized,  within  the 
term  aforesaid,  to  establish  such  districts,  for  the  collection  of  the 
revenue,  and.  durino-  the  recess  of  Cono'ress,  to  appoint  such  officers, 
whose  connnissions  shall  exj)ire  at  the  end  of  the  next  session  of 
Congress,  to  enforce  the  said  laws,  as  to  him  shall  seem  expedient. 

Sec.  3.  And  he  if  further  enaeted.,  That  the  sum  of  twenty  thou- 
sand dollars  is  hereby  ai)i)ro])riated  for  the  ])urpose  of  carrying  this 
act  into  effect,  to  be  paid  out  of  any  moneys  in  the  treasury  not 
otherwise  appropriated,  and  to  be  applied  under  the  direction  of  the 
President  of  the  United  States. 

Sec.  4.  And  he  it  further  enaeted^  That  this  act  shall  take  eifect. 
and  be  in  force,  whenever  the  aforesaid  treaty,  providing  for  the 
cession  of  said  territories  to  the  United  States,  shall  have  been  rati- 
fied by  the  king  of  Spain,  and  the  ratifications  exchanged,  aiul  the 
king  of  Spain  shall  be  ready  to  surrender  said  territory  to  the  United 
States,  according  to  the  provisions  of  said  treaty. 

Approved,  March  3,  1819. 


TERRITORIAL  GOVERNMENT  OF  FLORIDA— 1822 

[Seventeenth  Congress,  First  Session! 
An  Act  for  tlie  ostal)lishnient  nf  a  Icrritorial  .i;overnnient  in  Florida  " 

Be  it  enaeted  hy  the  Senate  and-  House  of  Representatlres  of  the 
United  States  of  America  in  Congress  assemhled^  That  all  that  terri- 
tory ceded  by  Spain  to  the  United  States,  known  by  the  name  of  East 
and  West  Florida,  -shall  constitute  a  territory  of  the  United  States, 
under  the  name  of  the  territory  of  P^lorida,  the  government  whereof 
shall  be  organized  and  administered  as  follows: 

Sec.  2.  And  he  it  further  enacted.  That  the  executive  power  shall 
be  vested  in  a  governor,  who  shall  reside  in  the  said  territory,  and 
hold  his  office  during  the  term  of  three  years,  unless  sooner  removed 
by  the  President  of  the  United  States.  He  shall  be  commander- 
in-chief  of  the  militia  of  the  said  territory,  and  be  ex-o^'eio  super- 
intendent of  Indian  affairs;  and  shall  have  power  to  grant  par- 
dons for  offences  against  the  said  territory,  and  re])rieves  for  those 
against  the  United  States,  until  the  decision  of  the  President  of  the 
United  States  thereon  shall  l)e  made  known;  and  to  api)oint  and  com- 
mission all  officers,  civil  and  of  the  militia,  whose  appointments  are 
not  herein  otherwise  j)rovided  for,  and  which  shall  be  established  by 
law ;  he  shall  take  care  that  the  laws  be  faithfully  executed. 

oThis  act  was  amended  by  acts  approved  March  2.3.  182.3;  Mav  20.  1S24; 
Mav  IT).  1,S2(>:  A])ril  28.  1828;  .Tanuarv  1.  1X20;  March  22.  1S:!2:  .luiv  14,  1S:;2; 
and  June  18.  18.34. 


r>5S  Florida— 1822 

S|.:c. ;'..  And  1)1  tl  fnrflicr  cjKichd.  'V\\\\{  llio  sccvolnrv  of  (lie  tcrri- 
(orv  shall  also  he  api)()intp(l,  who  shall  hold  his  office  during  the  term 
of  four  years,  unless  sooner  removed  by  the  President  of  the  United 
States;  whose  duty  it  shall  be,  under  the  direction  of  the  goyernor,  to 
i-ecord  and  preserA^e  all  the  papers  and  proceedings  of  the  executiye. 
and  all  the  acts  of  the  governor  and  legislative  council,  and  transmit 
authentic  copies  of  the  i)roceedings  oi  the  governor,  in  his  executive 
department,  every  six  months,  to  the  President  of  the  United  States. 

Sec.  4.  Aiid  he  it  further  enacted^  That,  in  case  of  the  death, 
removal,  resignation,  or  necessary  absence,  of  the  governor  of  the  said 
territory,  the  secretary  thereof  shall  be,  and  he  is  hereby,  authorized 
and  required  to  execute  all  the  powers,  and  perform  all  the  duties, 
of  the  governor,  during  the  vacancy  occasioned  by  the  removal, 
resignation,  or  necessary  absence,  of  the  said  governor. 

Sec.  5,  And  he^it  further  enacted^  That  the  legislative  power  shall 
be  vested  in  the  governor,  and  in  thirteen  of  the  most  fit  and  discreet 
persons  of  the  territory,  to  be  called  the  legislative  council,  who  shall 
be  appointed  annually,  hy  the  President  of  the  ITnited  States,  by  and 
with  the  advice  and  consent  of  the  Senate,  from  among  the  citizens 
of  the  United  States  residing  there.  The  governor,  by  and  with  the 
advice  and  consent  of  the  said  legislative  council,  or  a  majority  of 
them,  shall  have  power  to  alter,  modify,  or  repeal  the  laws  which 
may  be  in  force  at  the  commencement  of  this  act.  Their  legislative 
powers  shall  also  extend  to  all  the  rightful  subjects  of  legislation; 
but  no  law  shall  be  valid  which  is  inconsistent  with  the  constitution 
and  laws  of  the  United  States,  or  Avhich  shall  lay  any  person  under 
restraint,  burthen,  or  disability,  on  account  of  his  religious  opinions, 
professions,  or  worship;  in  all  which  he  shall  be  free  to  maintain  his 
own,  and  not  burthened  with  those  of  another.  The  governor  shall 
publish,  throughout  the  said  territory,  all  the  Ieavs  which  shall  be 
made,  and  shall,  on  or  before  the  first  day  of  December  in  each  year, 
report  the  same  to  the  President  of  the  United  States,  to  be  laid 
before  Congress,  which,  if  disapproved  by  Congress,  shall  thence- 
forth be  of  no  force.  The  governor  and  legislative  council  shall  have 
no  power  over  the  primary  disposal  of  the  soil,  nor  to  tax  the  lands 
of  the  United  States,  nor  to  interfere  wath  the  claims  to  lands  within 
said  territory :  the  legislative  council  shall  hold  a  session  once  in 
each  year,  commencing  its  first  session  on  the  second  Monday  of  June 
next,  at  Pensacola,  and  continue  in  session  not  longer  than  two 
months;  and  thereafter  on  the  first  Monday  in  ISIay,  in  each  and 
every  year;  but  shall  not  continue  longer  in  session  than  four  weeks: 
to  be  held  at  such  place  in  said  territory  as  the  governor  and  council 
shall  direct.  It  shall  be  the  duty  of  the  governor  to  obtain  all  the 
information  in  his  power  in  relation  to  the  customs,  habits,  and  dis- 
positions, of  the  inhabitants  of  the  said  territory,  and  communicate 
the  same,  from  time  to  time,  to  the  President  of  the  United  States. 

Sec.  6.  xind  he  it  further  enacted^  That  the  judicial  power  shall  be 
vested  in  two  superior  courts,  and  in  such  inferior  courts  and  justices 
of  the  peace,  as  the  legislative  council  of  the  territory  may,  from  time 
to  time,  establish.  There  shall  be  a  superior  court  for  that  part  of  the 
territory  known  as  East  Florida,  to  consist  of  one  judge;  he  shall 
hold  a  court  on  the  first  Mondays  in  January,  April.  July,  and  Octo- 
ber, in  each  year,  at  St.  Augustine,  and  at  such  other  times  and  jilaces 


Fhriih  —182^  (l^O 

as  the  legislative  council  shall  direct.  There  shall  be  a  superior  court 
for  that  i^art  of  the  territory  known  as  West  Florida,  to  consist  of  one 
judge;  he  shall  hold  a  court  at  Pensacola  on  the  first  Mondays  in 
January,  xVpril,  July,  and  (October,  in  each  year,  and  at  such  other 
times  and  places  as  the  legislative  council  shall  direct.  Within  its 
limits,  herein  described,  each  court  shall  have  jurisdiction  in  all  crim- 
inal cases,  and  exclusive  jurisdiction  in  all  capital  cases,  and  original 
jurisdiction  in  all  civil  cases  of  the  value  of  one  hundred  dollars, 
arising  under,  and  cognisable  b}^,  the  laws  of  the  territory,  now  of 
force  therein,  or  which  may,  at  any  time,  be  enacted  by  the  legislative 
council  thereof.  Each  judge  shall  appoint  a  clerk  for  his  respective 
court,  who  shall  reside,  respectively,  at  St.  Augustine  and  Pensacola, 
and  they  shall  keep  the  records  there.  Each  clerk  shall  receive  for  his 
services,  in  all  cases  arising  under  the  territorial  hnvs,  such  fees  as 
may  be  established  by  the  legislative  council. 

SEf.  7.  And  he  it  further  enacted^  That  each  of  sfid  superior  courts 
shall,  moreover,  have  and  exercise  the  same  jurisdiction  within  its 
limits,  in  all  cases  arising  under  the  laws  and  constitution  of  the 
TTnited  States,  which,  by  an  act  to  establish  the  judicial  poorer 
[courts  I  of  the  United  States,  approved  the  tAventy-fourth  day  of 
September,  one  thousand  seven  hundred  and  eighty-nine,  and  "An 
act  in  addition  to  the  act,  entitled  'An  act  to  establish  the  judicial 
courts  of  the  United  States,'  "  approved  the  second  day  of  March, 
one  thousand  seven  hundred  and  ninety-three,  was  vested  in  the  court 
of  the  Kentucky  district.  xVnd  writs  of  error  and  appeal  from  the 
decisions  in  the  said  superior  court,  authorized  by  this  section  of  this 
act,  shall  be  nuide  to  the  Supreme  Court  of  the  United  States,  in  the 
same  cases,  and  under  the  same  regulations,  as  from  the  circuit  courts 
of  the  United  States.  The  clerks,  respectively,  shall  keep  the  records 
at  the  places  where  the  courts  are  held,  and  shall  receive,  in  all  cases 
arising  under  the  laws  and  constitution  of  the  United  States,  the  same 
fees  which  the  clerk  of  the  Kentucky  district  received  for  similar 
services,  whilst  that  court  exercised  the  powers  of  the  circuit  and 
district  courts.  There  shall  be  appointed,  in  the  said  territory,  two 
persons  learned  in  the  law,  to  act  as  attorneys  for  the  Ignited  States 
as  well  as  for  the  territory;  one  for  that  })art  of  the  territory  known 
as  East  P^lorida,  the  other  for  that  part  of  the  territory  known  as 
West  Florida  :  to  each  of  whom,  in  addition  to  his  stated  fees,  shall 
be  paid,  annually,  two  hundred  dollars,  as  a  full  comj)ensation  for  all 
extra  services.  There  shall  also  be  appointed  two  marshals,  one  for 
each  of  the  said  superior  courts,  who  shall  each  perform  the  same 
duties,  be  subject  to  the  same  regulations  and  penalties,  and  be 
entitled  to  the  same  fees,  to  which  marshals  in  other  districts  are 
entitled  for  similai-  services;  and  shall,  in  addition,  be  paid  the  sum 
of  two  hundred  dollars,  annually,  as  a  compensation  for  all  extra 
services. 

Sec.  8.  And  he  it  further  enacted^  That  the  governor,  secretary, 
judges  of  the  superior  courts,  district  attorneys,  marshals,  and  all 
general  officers  of  the  militia,  shall  be  appointed  by  the  President  of 
the  United  States,  by  and  with  the  advice  and  consent  of  the  Senate. 
All  judicial  officers  shall  hold  their  offices  for  the  term  of  four  years, 
and  no  longer.  The  governor,  secretary,  judges,  members  of  the  leg- 
islative council,  justices  of  the  peace.  ;\nd  all  other  officei's.  civil  aud 
of  the  militia,  before  they  enter  upon  the  duties  of  their  respective 


offices,  shall  take  an  oath  or  alliniiatioii  to  support  the  constitution 
of  the  United  States,  and  for  the  faithful  discharge  of  the  duties  of 
their  office;  the  governor,  before  the  President  of  the  United  States, 
or  before  a  judge  of  the  Supreme  or  district  court  of  the  United 
States,  or  before  such  other  person  as  the  President  of  the  United 
States  shall  authorize  to  administer  the  same;  the  secretary,  judges, 
and  members  of  the  legislative  council,  before  the  governor,  and  all 
other  officer,s,  before  such  persons  as  the  governor  shall  direct.  The 
governor  shall  receive  an  annual  salary  of  two  thousand  hve  hundred 
dollars;  the  secretary,  of  one  thousand  five  hundred  dollars;  and  the 
judges,  of  one  thousand  five  hundred  dollars,  each;  to  be  paid  quarter 
yearly  out  of  the  treasury  of  the  United  States.  The  members  of  the 
legislative  council  shall  receive  three  dollars  each,  per  day,  during 
their  attendance  in  council,  and  three  dollars  for  every  twenty  miles 
in  going  to,  and  returning  from  any  meeting  of  the  legislative  council, 
once  in  each  sessk)n,  and  no  more.  The  members  of  the  legislative 
council  shall  be  privileged  from  arrest,  except  in  cases  of  treason, 
felony,  and  breach  of  the  peace,  during  their  going  to,  attendance  at, 
and  returning  from,  each  session  of  said  council. 

Sec.  9.  And  he  it  further  enacted^  That  the  following  acts,  that  is 
to  say : 

"An  act  for  the  punishment  of  certain  crimes  against  the  United 
States,*"  approved  April  thirtieth,  one  thousand  seven  hunderd  and 
ninety,  and  all  acts  in  addition  or  supplementary  thereto,  which  are 
now  in  force : 

"An  act  to  provide  for  the  punishment  of  [certain]  crimes  and 
offences  committed  within  the  Indian  boundaries,"  approved  March 
third,  one  thousand  eight  hundred  and  seventeen : 

"An  act  in  addition  to  the  act  for  the  punishment  of  certain  crimes 
against  the  United  States,  and  to  repeal  the  acts  therein  mentioned," 
approved  April  twentieth,  one  thousand  eight  hundred  and  eighteen: 

"An  act  for  the  punishment  of  [certain]  crimes  therein  specified," 
approved  January  thirtieth,  one  thousand  seven  hundred  and  ninety- 
nine  : 

"An  act  respecting  fugitives  from  justice,  and  ])ersons  escaping 
from  the  service  of  their  masters,"  approved  twelfth  February,  one 
thousand  seven  hundred  and  ninety-three : 

"An  act  to  prohibit  the  carrying  on  the  slave  trade  from  the  United 
States  to  any  foreign  phice  or  country,"  approved  JNIarch  twenty- 
second,  one  thousand  seven  hundred  and  ninety-nine  [four:] 

"An  act  in  addition  to  the  act  entitled  'An  act  to  prohibit  the  carry- 
ing on  the  slave  trade  from  the  United  States  to  any  foreign  place  or 
country,'  "  approved  ]\Iay  tentli,  one  thousand  eight  hundred  : 

"  The  act  to  prohibit  the  importation  of  slaves  into  au}^  port  or 
place  within  the  jurisdiction  of  the  United  States,  from  and  after  the 
first  day  of  January,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  eight,"  approved  March  second,  one  thousand  eight  hundred 
and  seven : 

"An  act  to  prevent  settlements  being  made  on  lands  ceded  to  the 
United  States  until  authorized  by  law,"  approved  March  third,  one 
thousand  eight  hundred  and  seven  : 

"An  act  in  addition  to  'An  act  to  prohibit  the  im])ortation  of  slaves 
into  any  port  or  place  within  the  jurisdiction  of  the  United  States. 


FhrUh-~1S22  061 

from  and  aftpr  the  first  day  of  January,  in  the  yeai"  of  our  Lord  one 
thousand  eight  hunch'ed  and  ei<>ht,  and  to  repeal  certain  j)arts  of  the 
same.'"  approved  Api-il  twentieth,  one  thousand  eiffht  huiuh-ed  and 
eighteen : 

"An  act  in  addition  to  the  acts  prohibiting  the  shive  trade,"  ap- 
proved March  third,  one  thousand  eight  hundred  and  nineteen  : 

"An  act  to  establish  the  jjost-office  of  the  United  States: " 

"An  act  further  to  alt(M-  and  establish  certain  j)ost-roads.  and  for 
the  more  secure  carriage  of  the  nuiil  of  the  Unite<l  States:  " 

"An  act  for  the  more  aeneral  ])roniulgation  of  the  L-nvs  of  the 
United  States:" 

"An  act  in  addition  to  an  act,  entitled  'An  act  for  the  more  general 
promulgation  of  the  laws  of  the  United  States: 

"An  act  to  provide  for  the  publication  of  the  hnvs  of  the  United 
States,  and  for  other  purposes :  " 

"An  act  to  promote  the  progress  of  useful  arts,  and  to  rej)eal  the  act 
heretofore  made  for  that  purj)ose:  " 

"An  act  to  extend  the  privilege  of  obtaining  i)atents  for  useful  dis- 
coveries and  inventions  to  certain  persons  therein  mentioned,  and  to 
enlarge  and  define  the  penalties  for  violating  the  rights  of  i)atentees:  " 

"An  act  for  the  encouragement  of  learning,  by  securing  the  copies 
of  maps,  charts,  and  books,  to  the  authors  and  i)roprietors  of  such 
copies,  during  the  time  therein  mentioned:" 

"  The  act  supplementary  thereto,  and  for  extending  the  benefits 
thereof  to  the  arts  of  designing,  engraving,  and  etching,  historical, 
and  other  prints:  " 

"An  act  to  prescribe  the  mode  in  which  the  ])ublic  acts,  records, 
and  judicial  proceedings,  in  each  State,  shall  be  authenticated,  so  as 
to  take  etfect  in  any  other  State : " 

"An  act  supplementary  to  the  act,  entitled  *An  act  to  prescribe  the 
mode  in  which  the  public  acts,  records,  and  judicial  -j^roceedings,  in 
each  State  shall  be  acknowledged,  so  as  to  take  etfect  in  anv  other 
State:'" 

"An  act  for  establishing  trading-houses  with  the  Indian  tribes," 
and  the  several  acts  continuing  the  same: 

"An  act  making  provision  I'clative  to  rations  for  Indians,  and  their 
visits  to  the  seat  of  government." 

And  the  laws  of  the  UTnited  States  relating  to  the  revenue  and  its 
collection,  subject  to  the  modification  stipulated  by  the  fifteenth 
article  of  the  treaty  of  the  twenty-second  February,  one  thousand 
eight  hundred  and  nine,  in  favor  of  Spanish  vessels  and  their  car- 
goes: and  all  othi-r  public  laws  of  the  United  States,  which  are  not 
repugnant  to  the  provisions  of  this  act,  shall  extend  to.  and  have  full 
force  and  etfect  in.  the  territory  aforesaid. 

Sec.  10.  And  he  it  further  eiuieted.  That,  to  the  end  that  the  inhab- 
itants may  be  protected  in  their  liberty.  })roperty,  and  the  exercise  of 
their  religion,  no  law  shall  ever  be  valid  which  shall  impair,  or  in 
any  way  restrain,  the  freedom  of  religious  opinions,  jirofessions,  or 
worship.  They  shall  be  entitled  to  the  benefit  of  the  writ  of  liaheas 
corpu>i.  They  shall  be  bailable  in  all  cases,  except  for  capital  otf'ences, 
where  the  proof  is  evident  or  the  presumption  great.  All  fines  shall 
be  modei'ate,  and  ])r()portione(l  t(^  the  otfence;  and  excessive  bail  shall 
not   be   re(juircd.   nor  cnu'l    nor   unusual   punishments   intiicted.      No 


002  Florida— 1SJ,f^ 

CD  post  facto  Jair,  or  law  iiiii)iiiriiig-  (lie  obli^-ation  of  contracts,  shall 
ever  be  ])assed;  nor  shall  jirivate  property  be  taken  for  public  nses 
without  just  coni])ensation. 

Sec.  11.  .ind  he  it  fui'ther  enacted^  That  all  free  male  white  per- 
sons, who  are  housekeepers,  and  who  shall  have  resided  one  year,  at 
least,  in  the  said  territory,  shall  be  qualihed  to  act  as  grand  and  petit 
jurors  in  the  coui'ts  of  the  said  territory;  and  they  shall,  until  the 
legislature  thereof  shall  otherwise  direj^t,  be  selected  in  such  manner 
as  the  judges  of  the  said  courts  shall  respectively  prescribe,  so  as  to 
be  most  conducive  to  an  impartial  trial,  and  to  be  least  burthensome 
to  the  inhabitants  of  the  said  territory. 

Sec.  12.  And  he  it  further  enacted^  That  it  shall  not  be  lawful  for 
any  person  or  persons  to  import  or  bring  into  the  said  territory,  from 
any  port  or  place  withont  the  limits  of  the  United  States,  or  cause 
or  procure  to  be  so  imported  or  brought,  or  knowingly  to  aid  or 
assist  in  so  importing  or  bringing,  any  slave  or  slaves.  And  ever}' 
person  so  offending,  and  being  thereof  convicted  before  any  court 
within  the  said  territory,  having  competent  jurisdiction,  shall  forfeit 
and  pay,  for  each  and  every  slave  so  imjiorted  or  brought,  the  sum  of 
three  hundred  dollars,  one  moiety  for  the  use  of  the  United  States, 
and  the  other  moiety  for  the  use  of  the  person  or  persons  who  shall 
sue  for  the  same ;  and  every  slave  so  imported  or  brought  shall  there- 
upon become  entitled  to,  and  receive,  his  or  her  freedom. 

Sec.  13.  And  he  it  further  enacted^  That  the  laws  in  force  in  the 
said  territory,  at  the  commencement  of  this  act,  and  not  inconsistent 
with  the  provisions  thereof,  shall  continue  in  force  until  altered, 
modified,  or  repealed,  by  the  legislature. 

Sec.  Itt.  And  he  it  further  enacted^  That  the  citizens  of  the  said 
territory  shall  be  entitled  to  one  delegate  to  Congress,  for  the  said 
territory,  who  shall  possess  the  same  powers  heretofore  granted  to  the 
delegates  from  the  several  territories  of  the  United  States.  The  said 
delegate  shall  be  elected  by  such  description  of  persons,  at  such  times, 
and  under  such  regulations,  as  the  governor  and  legislative  council 
ma}',  from  time  to  time,  ordain  and  direct. 

Api)r()ved.  ]\rarch  30,  lS-2-2. 


ENABLING  ACT  FOE  FLORIDA— 1845 

r Seventeenth  Congress,  First  Session  | 
Au  Act  for  tbe  admission  of  the  States  of  Iowa  and  Florida  into  the  Union 

Whereas,  the  people  of  the  Territory  of  Iowa  did,  on  the  seventh 
day  of  October,  eighteen  hundred  and  forty-four,  by  a  convention  of 
delegates  called  and  assembled  for  that  jDurpose,  form  for  themselves 
a  constitution  and  State  government ;  and  whereas,  the  people  of  the 
Territory  of  Florida  did,  in  like  manner,  by  their  delegates,  on  the 
eleventh  day  of  January,  eighteen  hundred  and  thirty-nine,  form 
for  themselves  a  constitution  and  State  government,  both  of  which 
said  constitutions  are  republican ;  and  saicl  couA'entions  having  asked 
the  admission  of  their  respective  Territories  into  the  Union  as  States, 
on  equal  footing  with  the  original  States : 

Be  it  enacted  hy  the  Senate  and  Ilouse  of  RejrresentativeH  of  the 
United  States  of  America  in  Congress  assemhled^  That  the  States  of 


Florida— l.W)  003 

Iowa  and  Florida  he,  and  the  same  are  herehy,  dedared  to  ho  States 
of  the  United  States  of  America,  and  are  herel)y  arhnitted  into  the 
Union  on  equal  footing  \vith  the  original  States  in  all  respects,  what- 
soever. 

Sec.  2.  And  he  it  further  enacted.  That  the  following  shall  he  the 
houndaries  of  the  said  State  of  Iowa,  to  wit:  Beginning  ;U  the  mouth 
of  the  Des  ]Moines  river,  at  the  middle  of  the  ^Mississippi,  thenct'  hy 
the  middle  of  the  channel  of  that  river  to  a  parallel  of  latitude  pass- 
ing through  the  mouth  of  the  ^Nlankato,  or  Blue-Earth  river;  thence 
west,  along  the  said  parallel  of  latitude,  to  a  point  where  it  is  inter- 
sected by  a  meridian  line,  seventeen  degrees  and  thirty  minutes  west 
of  the  meridian  of  AVashington  city;  thence  due  south  to  the  northern 
boundary  line  of  the  State  of  Missouri ;  thence  eastwardly  following 
that  boundary  to  the  point  at  Avhich  the  same  intersects  the  Des 
Moines  river,  thence  by  the  middle  of  the  chamiel  of  that  river  to  the 
jilace  of  beginning. 

Sec.  3.  And  he  it  fia'tlter  enacted.  That  the  said  State  of  Iowa  shall 
have  concurrent  jurisdiction  on  the  river  Mississippi,  and  ever}'  other 
river  bordering  on  the  said  State  of  Iowa,  so  far  as  the  said  rivers 
shall  form  a  connnon  boundary  to  said  State,  and  any  other  State  or 
States  now  or  hereafter  to  be  formed  or  bounded  by  the  same:  Such 
rivers  to  be  connnon  to  both:  And  that  the  said  river  Mississippi,  and 
the  navigable  waters  leading  into  the  same,  shall  be  connnon  higli- 
Avays,  and  forever  free  as  Avell  to  the  inhabitants  of  said  State,  as  to 
all  other  citizens  of  the  United  States,  without  any  tax,  duty,  impost, 
or  toll  therefor,  imposed  by  the  said  State  of  Iowa. 

Sec.  4,  And  he  it  further  enacted.  That  it  is  made  and  declared  to 
be  a  fundamental  condition  of  the  admission  of  said  State  of  Iowa 
into  the  Union,  that  so  much  of  this  act  as  relates  to  the  said  State  of 
Iowa  shall  be  assented  to  by  a  majority  of  the  qualified  electors  at 
their  township  elections,  in  the  manner  and  at  the  time  prescribed 
in  the  sixth  section  of  the  thirteenth  article  of  the  constitution 
adopted  at  Iowa  city  the  first  day  of  November,  anno  Domini  eight- 
een hundred  and  forty-four,  or  by  the  legislature  of  said  State.  And 
as  soon  as  such  assent  shall  be  given,  the  President  of  the  United 
States  shall  announce  the  same  by  proclamation;  and  therefrom,  and 
without  further  proceedings  on  the  part  of  Congress,  the  admission 
of  the  said  State  of  Iowa  into  the  Union,  on  an  equal  footing  in  all 
respects  whatever  with  the  original  States,  shall  be  considered  as 
complete. 

Sec.  5.  And  he  it  further  enacted^  That  said  State  of  Florida  shall 
embrace  the  territories  of  East  and  AVest  Florida,  which,  by  the 
treaty  of  amity,  settlement  and  limits  between  the  Unitetl  States  and 
Spain,  on  the  twenty-second  day  of  February,  eighteen  hundred  and 
nineteen,  were  ceded  to  the  United  States. 

Sec.  (>.  And  he  it  further  enacted.  That  until  the  next  census  and 
apportionment  shall  be  made,  each  of  said  States  of  Iowa  and  Florida 
shall  be  entitled  to  one  Representative  in  the  House  of  Represent- 
atives of  the  United  States. 

Sec.  7.  And  he  it  further  enacted,  That  said  States  of  Iowa  and 
Florida  are  admitted  into  the  Union  on  the  express  condition  that 
they  shall  never  interfere  with  the  primary  disposal  of  the  i)ublic 
lands  lying  within  them,  nor  le\^^  any  tax  on  the  same  whilst  remain- 
ing the  property  of  the  ITnited  States:  Prorided   That  the  ordinance 


004  Florida— ISSS 

of  the  conv(Mi(i()n  that  fornicd  the  constitution  of  Towa,  and  which 
is  ap])('n(lo(l  to  tli(>  said  constitution,  shall  not  l)c  deemed  or  taken  to 
have  any  etl'ect  or  validity,  or  to  be  recojj:nized  as  in   any  manner 
oblig-atory  u[)on  the  (xovernnient  of  the  United  States. 
Approved,  March  8,  1845. 


CONSTITUTION  OF  FLORIDA— 1838  ' 

We,  the  people  of  the  Territory  of  Florida,  by  our  delegates  in  con- 
vention, assembled  at  the  city  of  Saint  Joseph,  on  Monday,  the  3d  day 
of  December,  A.  D.  1838,  and  of  the  Independence  of  the  United 
States  the  sixty-third  year,  having  and  claiming  the  right  of  admis- 
sion into  the  Union  as  one  of  the  United  States  of  America,  consistent 
Avith  the  principles  of  the  Federal  Constitntion,  and  by  virtue  of  the 
treaty  of  amity,  settlement,  and  limits  between  the  United  States  of 
America  and  the  King  of  Spain,  ceding  the  provinces  of  East  and 
AVest  Florida  to  the  United  States,  in  order  to  secure  to  ourselves  and 
our  posterity  the  enjoyment  of  all  the  rights  of  life,  liberty,  and  prop- 
erty, and  the  pursuit  of  happiness,  do  mutually  agree,  each  with  the 
other,  to  form  ourselves  into  a  free  and  independent  State,  by  the 
name  of  the  State  of  Florida. 

Article  I 

DECLARATION    OF    RIGHTS 

That  the  great  and  essential  principles  of  liberty  and  free  govern- 
ment ma}^  be  recognized  and  established,  we  declare : 

Section  1.  That  all  freemen,  wdien  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  acquiring, 
possessing,  and  protecting  property  and  reputation,  and  of  pursuing 
their  own  happiness. 

Sec.  2.  That  all  political  power  is  inherent  in  the  people,  and  all 
free  governments  are  founded  on  their  authority,  and  established  for 
their  benefit;  and,  therefore,  they  have  at  all  times  an  inalienable  and 
indefeasible  right  to  alter  or  abolish  their  form  of  government  in  such 
manner  as  they  may  deem  expedient. 

Sec.  3.  That  all  men  have  a  natural  and  inalienable  right  to  wor- 
ship Almighty  God  according  to  the  dictates  of  their  own  conscience ; 
and  that  no  preference  shall  ever  be  given  by  law  to  any  religious 
establishment  or  mode  of  worship  in  this  State. 

Sec.  4.  That  all  elections  shall  be  free  and  equal,  and  that  no  prop- 
erty qualification  for  eligibility  to  office,  or  for  the  right  of  suffrage, 
shall  ever  be  required  in  this  State. 

Sec.  5.  That  every  citizen  may  freely  speak,  write,  and  publish  his 
sentiments,  on  all  subjects,  being  responsible  for  the  abuse  of  that 
liberty;  and  no  law  shall  ever  be  passed  to  curtail,  abridge,  or  restrain 
the  liberty  of  speech  or  of  the  press. 

1  This  constitntion  was  framerl  by  a  convention  which  met  December  3,  1838, 
and  adjourned  January  11.  1839.     It  was  not  submitted  to  the  people. 


Florida— 1838  665 

Sec.  G.  That  the  rio:ht  of  trial  l)y  jury  shall  forever  remain  invio- 
late. 

Sec.  T.  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  ])lace,  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  Avithout  probable  cause, 
supported  by  oath  or  affirmation. 

Sec.  S.  That  no  freeman  shall  be  taken,  imprisoned,  disseized  of 
his  freehold,  liberties,  or  outlawed,  or  exiled,  or  in  any  manner  de- 
stroyed, or  deprived  of  his  life,  liberty,  or  property,  but  by  the  law  of 
the  land. 

Sec.  1).  That  all  courts  shall  be  open,  and  every  i)erson,  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. 

Sec.  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  compulsor}^  process  for  obtaining  witnesses  in  his  favor; 
and  in  all  prosecutions  by  indictment  or  presentment,  a  speedy  and 
public  trial  by  an  impartial  jury  of  the  county  or  district  where  the 
olFence  was  committed,  and  shall  not  be  compelled  to  give  evidence 
against  himself. 

Sec  11.  That  all  persons  shall  be  bailable,  by  sufficient  securities, 
unless  in  capital  offences,  where  the  proof  is  evident  or  the  presump- 
tion 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. 

Sec.  12.  That  excessive  bail  shall  in  no  case  be  required;  nor  shall 
excessive  fines  be  inq^osed ;  nor  shall  cruel  or  luiusual  punishments  be 
inflicted. 

Sec.  13.  That  no  person  shall,  for  the  same  offence,  be  twice  put  in 
jeopardy  of  life  or  limb. 

Sec.  14.  That  private  property  shall  not  be  taken  or  applied  to  pub- 
lic use  unless  just  compensation  be  made  therefor. 

Sec.  15.  That  in  all  prosecutions  and  indictments  for  libel  the  truth 
maj^  be  given  in  evidence;  and  if  it  shall  appear  to  the  jury  that  the 
libel  is  true,  and  published  Avith  good  motives,  and  for  justifiable 
ends,  the  truth  shall  be  a  justification;  and  the  jury  shall  be  the 
judges  of  the  laAv  and  facts. 

Sec  10.  That  no  j^erson  shall  be  put  to  answer  any  criminal  charge 
but  by  presentment,  indictment,  or  impeachment. 

Sec  17.  That  no  conviction  shall  Avork  corruption  of  blood  or  for- 
feiture of  estate. 

Sec  18.  That  retrospective  laAvs,  punishing  acts  committed  before 
the  existe^ice  of  such  laws,  and  by  them  only  declared  penal  or  crim- 
inal, are  oppressive,  unjust,  and  incompatible  Avith  liberty;  Avhere- 
fore,  no  ex  post  facto  hiAv  shall  cA'er  be  made. 

Sec  10.  That  no  law  inq)airing  the  obligation  of  contracts  shall 
ever  be  passed. 

Sec  SO.  That  the  people  haxc  a  right,  in  a  peaceable  manner,  to 
assemble  together  to  consult  for  the  common  good,  and  to  apply  to 


(3GG  Florida— 1838 

those  invested  witli  the  powers  of  government  for  redress  of  griev- 
ances, or  other  proper  purposes,  by  petition,  address,  or  remonstrance. 

Sec.  21.  That  the  free  white  men  of  this  State  shall  have  a  right  to 
keep  and  to  bear  arms  for  their  common  defence. 

Sec.  22.  That  no  soklier,  in  time  of  peace,  shall  be  quartei-ed  in  any 
house,  witliout  the  consent  of  the  owner;  nor  in  time  of  war,  but  in  a 
manner  prescribed  by  law. 

Sec.  23.  That  no  standing  army  shall  be  kept  up  without  the  con- 
sent of  the  legislature ;  and  the  military  shall  in  all  cases  and  at  all 
times  be  in  strict  subordination  to  the  civil  power. 

Sec.  24.  That  perpetuities  and  monopolies  are  contrary  to  the  gen- 
ius of  a  free  State,  and  ought  not  to  be  allowed. 

Sec.  25,  That  no  hereditary  emoluments,  j^rivileges,  or  honors,  shall 
ever  be  granted  or  conferred  in  this  State. 

Sec.  20.  That  frequent  recurrence  to  fundamental  principles  is 
absoluteh^  necessary  to  preserve  the  blessings  of  liberty. 

Sec.  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- 
late: and  that  all  laws  contrary  thereto,  or  to  the  following  provi- 
sions, shall  be  void. 

^Vrticle  II 

DISTRIBUTION    OF    THE    POWERS    OF  GOVERNMENT 

Section  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. 

Sec.  2.  No  person,  or  collection  of  persons,  being  of  one  of  those 
departments,  shall  exercise  any  power  pro})erly  belonging  to  either 
of  the  others,  except  in  the  instances  expressly  provided  in  this 
constitution. 

ArTK  LE    III 
EXECUTIVE    DEPARTMENT 

Section  1.  The  supreme  executive  power  shall  be  vested  in  a  chief 
magistrate,  who  shall  be  styled  the  governor  of  the  State  of  Florida. 

Sec.  2.  The  governor  shall  be  elected  for  four  years,  by  the  quali- 
fied electors,  at  the  time  and  place  where  they  shall  vote  for  repre- 
sentatives, and  shall  remain  in  office  until  a  successor  be  chosen  and 
qualified ;  and  shall  not  be  eligible  to  reelection  until  the  expiration 
of  four  years  thereafter. 

Sec.  3.  Xo  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  ITnited  States  ten  years,  or  an  inhabitant  of  Florida  at  the  time 
of  the  adoption  of  this  constitution,  (being  a  citizen  of  the  Ignited 
States,)  and  shall  ha\e  been  a  resident  of  Florida  at  least  five  yeai-s 
next  preceding  the  day  of  election. 

Sec.  4.  The  returns  of  every  election  for  governor  shall  be  sealed 
up  and  transmitted  to  the  seat  of  government,  directed  to  the  sj)eaker 


Florida— 1838     .  667 

of  the  house  of  represontutives.  -who  shall,  durino;  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  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  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. 

Sec.  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. 

Sec.  ().  He  shall  be  connnander-in-chief  of  the  army  and  navy  of 
this  State,  and  of  the  militia  thereof. 

Sec.  7.  He  may  require  information,  in  writing,  from  the  ofiicers 
of  the  executive  department,  on  any  subject  relating  to  the  duties  of 
their  respective  offices. 

Sec.  8.  He  may,  by  proclamation,  on  extraordinary  occasions,  con- 
vene the  general  assembly  at  the  seat  of  government,  or  at  a  diflerent 
j)lace  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  da}-  of  the  next  meeting  des- 
ignated by  this  constitution. 

Sec.  0.  He  shall,  from  time  to  time,  give  to  the  general  assembly 
information  of  the  state  of  the  government,  and  recommend  to  their 
consideration  such  measures  as  he  may  deem  expedient. 

Sec.  10.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  11.  In  all  criminal  and  ])enal  cases,  (except  of  treason  and 
impeachment.)  after  conxiction,  he  shall  have  power  to  grant 
rejirieves  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  senate,  to  grant  re|)rieves  and  pardons:  and  he  may,  in  the  recess 
of  the  senate,  respite  the  sentence  until  the  end  of  the  next  session 
of  the  general  assemblv. 

Sec.  12.  There  shall  be  a  seal  of  the  State,  whicli  shall  be  kept  by 
the  governor,  and  used  l)V  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  general 
assembly. 

Sec.  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. 

Sec.  14.  There  shall  be  a  secretary  of  state  appointed  by  a  joint 
vote  of  both  houses  of  the  general  assembly,  who  shall  continue  in 
office  (luring  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  relative 
thereto,  before  the  general  assembly,  and  shall  perform  such  other 
duties  as  may  be  re<piii'ed  of  him  by  law. 

Sec.  IT).  Vacancies  that  liappen  in  offices,  the  appointment  to  which 
is  vested  in  the  general  assembly,  or  gix'cn  (o  the  governor,  with  the 
advice  and  consent  of  the  senate,  shall  l>c  tillc*!  It\-  the  a-overnor  dur- 


668  Florida— 1838 

mg  the  recess  of  the  general  assembly,  b}'  granting  coniniissions, 
which  shall  expire  at  tlu^  end  of  the  next  session. 

Sec.  16.  Every  bill,  which  shall  have  passed  both  houses  of  the 
general  assembly,  shall  be  presented  to  the  governor;  if  he  approve, 
he  shall  sign  it ;  l)nt  if  not,  he  shall  return  it  with  his  objections  to 
the  house  in  which  it  shall  have  originated,  who  shall  enter  the  objec- 
tions at  large  upon  the  journals,  and  proceed  to  reconsider  it ;  and  if, 
after  such  reconsideration,  a  majority  of  the  Avhole  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 ;  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 
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,  respectivel}' ;  and  if  any  bill  shall  not  be  returned  by  the  gov- 
ernor 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. 

Sec.  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  efl'ect,  be 
approved  by  him,  or,  being  disapproved,  be  repassed  by  both  houses, 
according  to  the  rules  and  limitations  prescribed  in  case  of  a  bill. 

Sec.  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,  during  the  term  for 
which  the  governor  was  elected ;  unless  the  general  assembly  shall 
provide  by  law  for  the  election  of  a  governor  to  fill  such  vacancy, 
or  until  the  governor  absent  or  impeached  shall  return  or  be  acquitted. 

Sec.  10.  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. 

Sec.  20.  The  president  of  the  senate,  or  speaker  of  the  house  of 
representatives,  during  the  time  he  administers  the  government,  shall 
receive  the  same  compensation  which  the  governor  would  have 
received. 

Sec.  21.  The  governor  shall  always  reside,  during  the  sessions  of 
the  general  assembly,  at  the  place  where  their  sessions  are  held ;  and, 
at  other  times,  wherever  in  their  opinion  the  public  good  may  require. 

Sec.  22.  No  person  shall  hold  the  office  of  governor,  and  any  other 
office  or  commission,  civil  or  military,  either  in  tliis  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  representatiA'es,  when  he  shall  hold  the  office,  as  aforesaid. 

Sec.  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. 


Florida— 1838  669 

Article  IV 

LEGISLATIVE   DEPARTMENT 

Sectiox  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  b}'  the  senate  and  house  of  representatives  of  the  State  of 
Florida  in  general  assembly  convened." 

Sec.  2.  The  members  of  the  house  of  representatives  shall  be  chosen 
by  (he  qualified  voters,  and  shall  serve  for  the  term  of  one  year,  from 
the  da}''  of  the  commencement  of  the  general  election,  and  no  longer ; 
and  the  sessions  of  the  general  assembly  shall  be  annual,  and  com- 
mence on  the  fourth  Monday  in  November  in  each  3'ear,  or  at  such 
other  time  as  may  be  prescribed  by  law. 

Sec.  8.  The  representatives  shall  be  chosen  every  year,  on  the  first 
Monda}^  in  the  month  of  October,  until  otherwise  directed  by  law. 

Sec.  -1.  Xo  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. 

Sec.  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  j'ear 
thereof  a  resident  of  the  district  or  county  for  which  he  shall  be 
chosen,  and  shall  have  attained  the  age  of  twenty-five  years. 

Sec.  6.  The  senators,  after  their  first  election,  shall  be  divided  by 
lot  into  tAvo  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  3"ear;  so  that  one-half  thereof,  as 
near  as  possible,  ma}'  be  chosen  forever  thereafter,  annually,  for  the 
term  of  two  years. 

Sec.  T.  The  house  of  representatives,  Avhen  assembled,  shall  choose 
a  speaker,  and  its  other  officers;  and  the  senate  a  president,  and  its 
other  officers;  and  each  house  shall  be  judge  of  the  qualifications, 
elections,  and  returns  of  its  members;  but  a  contested  election  shall  be 
determined  in  such  manner  as  shall  be  directed  by  law. 

Sec.  8.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
nuiy  comjjel  the  attendance  of  absent  members,  in  such  manner  and 
under  such  penalties  as  each  house  may  prescribe. 

Sec.  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. 

Sec.  10.  Each  house,  during  the  session,  may  punish,  by  imprison- 
ment,  any   person   not   a   member   for   disrespectful    or   disorderly 

7251— VOL  1—07 45 


670  Florida— 1838 

behavior  in  its  presence,  or  for  obstructing  any  of  its  proceedings, 
provided  such  imprisonment  shall  not  extend  beyond  the  end  of  the 
session. 

Sec.  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  passag-e  of  every  bill,  and  may,  by 
any  two-  members,  be  required  upon  any  other  question;  and  any 
member  of  either  house  shall  have  liberty  to  dissent  from  or  protest 
against  any  act  or  resolution  which  he  ma}^  think  injurious  to  the 
public  or  an  individual,  and  have  the  reasons  of  his  dissent  entered 
on  the  journal. 

Sec.  12.  Senators  and  representatives  shall  in  all  cases,  except 
treason,  felony,  or  breach  of  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  convened ; 
and  for  any  speech  or  debate  in  either  house  they  shall  not  be  ques- 
tioned in  any  other  place. 

Sec.  13.  The  general  assembly  shall  make  j^rovision  by  law  for 
filling  vacancies  that  may  occur  in  either  house,  by  the  death,  resigna- 
tion, or  otherwise,  of  au}^  of  its  members. 

Sec.  14.  The  doors  of  each  house  shall  be  open,  except  on  such 
occasions  as,  in  the  opinion  of  the  house,  the  public  safety  may  imperi- 
ously require  secrecy. 

Sec.  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. 

Sec.  IC."  Bills  may  originate  in  either  house  of  the  general  assem- 
bly, and  all  bills  passed  by  one  house  may  be  discussed,  amended,  or 
rejected  by  the  other;  but  no  bill  shall  have  the  force  of  law^  until, 
on  three  several  days,  it  be  read  in  each  house,  and  free  discussion  be 
allowed  thereon,  unless  in  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. 

Sec.  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  effect  during  the 
term  for  which  the  representatives  were  elected  when  such  law  passed. 

Sec.  18.  The  number  of  members  of  the  house  of  representatives 
shall  never  exceed  sixty.  • 

Article  V 

JUDICIAL    DEPART>IENT 

Section  1.  The  judicial  power  of  this  State,  both  as  to  matters  of 
law  and  equity,  shall  be  vested  in  a  supreme  court,  courts  of  chancery, 
circuit  courts,  and  justices  of  the  peace:  Provided,  The  general  as- 
sembly luay  also  vest  such  criminal  jurisdiction  as  may  be  deemed 
necessaiy  in  corporation  courts;  but  such  jurisdiction  shall  not  extend 
to  capital  offences. 


Flon(la—1838  671 

Sec.  2.  The  siipronie  court,  except  in  cases  otherwise  directed  in 
this  constitution,  shall  have  appellate  jurisdiction  only,  which  shall 
he  coextensive  Avith  the  State,  under  such  restrictions  and  reirulalions, 
not  repugnant  to  this  constitution,  as  may  from  time  to  time  be 
prescribed  by  law:  Pro  ruled.  That  the  said  courts  shall  always  have 
power  to  issue  writs  of  injunction,  mandamus^  quo  irarrai)to,  habeas 
rorpiis,  and  such  other  remedial  and  original  writs  as  may  be  neces- 
sary to  give  it  a  general  su])erintendence  and  control  of  all  other 
courts. 

Sec.  3.  For  the  term  of  hve  yeai's  from  the  election  of  the  judges 
of  the  circuit  courts,  and  thereaftei'  until  the  general  asseml)ly  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 
Avithin  this  State;  and  they,  or  a  majoritj^  of  them,  shall  hold  such 
sessions  of  the  supreme  court,  aud  at  such  times,  as  may  be  directed 
by  law. 

Sec.  4.  The  supreme  court,  when  organized,  shall  be  lioldcu  at 
such  times  and  places  as  may  be  jjrovided  by  law. 

Sec.  5.  The  State  shall  be  divided  into  at  least  four  convenient 
circuits,  and  until  other  circuits  shall  be  provided  for  by  the  geueral 
assembh%  the  arrangement  of  the  circuits  shall  be  the  western,  middle, 
eastern,  and  southern  circuits;  and  for  each  circuit  there  shall  be 
api)ointed  a  judge,  who  shall,  after  his  appointment,  reside  in  the 
circuit  for  Avhich  he  has  been  apjiointed,  and  shall,  at  stated  times, 
receive  for  his  services  a  salary  of  not  less  than  two  thousand  dollars 
pel-  annum,  Avhich  shall  not  be  diminished  during  the  continuance  of 
such  judge  in  office;  but  the  judges  shall  receive  no  fees  or  perquisites 
of  office,  nor  hold  any  other  office  of  profit  under  the  State,  the  Ignited 
States,  or  an}^  other  power. 

Sec.  6.  The  circuit  court  shall  have  original  jurisdiction  in  all  mat- 
ters, civil  and  criminal,  Avithin  this  State,  not  otherAvise  excepted  in 
this  constitution. 

Sec.  7.  A  circuit  court  shall  be  held  in  such  counties,  and  at  such 
times  and  places  therein,  as  may  be  j)rescribed  by  hnv  :  and  the  judges 
of  the  several  circuit  couits  may  hold  courts  for  each  other,  and  shall 
do  so  Avhen  directed  by  law. 

Sec.  8.  The  general  assembly  shall  haA^e  poAver  to  establish  and 
organize  a  separate  court  or  courts  of  original  equity  jurisdiclion; 
but,  uutil  such  court  or  courts  shall  be  established  and  organized,  the 
circuit  courts  shall  exercise  such  jurisdiction. 

Sec.  9.  The  general  asseuibly  shall  provide  by  hiAV  for  the  ap})oiut- 
ment,  in  each  county,  of  an  oflicer  to  take  probate  of  Avills,  to  grant 
letters  testauientary,  of  aduiiuistration.  and  guardiauship:  to  attend 
to  the  settlement  of  the  estates  of  decedents  aiul  of  minoi's,  and  to 
discharge  the  duties  usually  pertaining  to  courts  of  ordinary,  sui)ject 
to  the  direction  and  supervision  of  the  courts  of  chancery,  as  nuiy  be 
provided  by  hiAv. 

Sec.  10.  A  competent  number  of  justices  of  the  peace  shall  be, 
from  time  to  time,  ai)pointed  or  elected,  in  and  for  each  county,  in 
such  mode  and  for  such  term  of  office  as  the  general  asseuibly  may 
direct,  and  shall  possess  such  jurisdiction  as  may  be  prescribed  by 
laAv;    and,  in  cases  tried  before  a  justice  of  the  peace,  the  right  of 


672  Florida— 1838 

appeal  shall  be  secured,  under  such  rules  and  regulations  as  may  be 
prescribed  by  law. 

Sec.  11.  Justices  of  the  supreme  court,  chancellors,  and  judges  of 
the  circuit  courts  shall  be  elected  by  the  concui-rent  vote  of  a  majority 
of  both  houses  of  the  general  assembly. 

Sec.  12.  The  judges  of  the  circuit  courts  shall,  at  the  first  session 
of  the  general  assembly  to  be  holden  under  this  constitution,  be 
elected  for  the  term  of  five  j^ears,  and  shall  hold  their  offices  for  that 
term,  unless  sooner  removed  under  the  j)rovisi(ms  made  in  this  consti- 
tution for  the  removal  of  judges  by  address  or  impeachment ;  and  at 
the  expiration  of  five  j^ears,  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  Avilful  neglect  of  duty,  or  other  reason- 
able cause,  Avhich  shall  not  be  sufficient  ground  for  impeachment,  the 
governor  shall  remove  any  of  them,  on  the  address  of  two-thirds  of 
each  house  of  the  general  assembly :  Proinded.  Jioioever^  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  intended  to  be  removed,  and 
he  shall  be  admitted  to  a  hearing  in  his  own  defence  before  any  vote 
for  such  address  shall  pass;  and  in  such  cases  the  vote  shall  be 
taken  by  j^eas  and  nays,  and  entered  on  the  journals  of  each  house 
respectively. 

Sec.  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. 

S^c.  14.  The  justices  of  the  supreme  court,  chancellors,  and  judges 
of  the  circuit  courts,  shall,  by  virtue  of  their  offices,  be  conse;^-vators 
of  the  peace  throughout  the  State,  and  justices  of  the  peace  in  their 
respective  counties. 

Sec.  15,  The  style  of  all  process  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." 

Sec.  16.  There  shall  be  an  attorney-general  for  the  State,  avIio  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  draft,  and  submit  to  the  general  assembly,  at  the  same  session, 
all  necessarj^  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  laAv.  He  shall  be  elected  by 
joint  vote  of  the  two  houses  of  the  general  assembly,  and  shall  hold 
his  office  for  four  years:  but  may  be  removed  by  the  governor,  on 
the  address  of  two-thirds  of  the  two  houses  of  general  assembly;  and 
shall  receive  for  his  services  a  compensation  to  be  fixed  by  hiAv. 

Sec.  it.  There  shall  be  one  solicitor  for  each  circuit,  who  shall 
reside  therein,  to  be  elected  by  the  joint  vote  of  the  general  assembly, 
who  shall  hold  his  office  for  the  term  of  four  years,  and  shall  receive 
for  his  services  a  compensation  to  be  fixed  by  law. 

Sec.  18.  Xo  justice  of  the  supreme  court  shall  sit  as  judge,  or  take 
part  in  the  appellate  court,  on  the  trial  or  hearing  of  any  case  which 
shall  have  been  decided  bv  him  in  the  court  below. 


Florida— 1838  673 

Sec.  19.  The  general  assembly  shall  have  power  to  establish  in  each 
county  a  board  of  commissioners  for  the  regulation  of  the  comity 
business  therein. 

Sec.  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  tliis  State. 

Article  VI 

THE    RIGHT    OF    SI  FFRACJE CIVIL    OFFICERS 

Section  1.  Every  free  white  male  person  of  the  age  of  twenty-one 
years  and  upwards,  and  who  shall  l)e,  at  the  time  of  offering  to  vote, 
a  citizen  of  the  United  States,  and  Avho  shall  have  resided  and  had 
his  habitation,  domicile,  home,  and  place  of  permanent  abode  in 
Florida,  for  two  years  next  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,  lys  habitation,  domi- 
cile, home,  and  place  of  ])ermanent  abode  in  the  county  in  which  ho 
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  in  elections  by  general  ticket  in  the  State  or 
district  prescribed  b}'  law ;  in  which  cases  the  elector  must  have  been 
a  resident  of  the  State  two  years  next  preceding  the  election,  and  six 
months  within  the  election  district  in  which  he  offers  to  vote:  Pro- 
vided., That  no  soldier,  seaman,  or  marine,  in  the  regular  Army  or 
Xavy  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  Xavy  of  the  United  States,  or  of  the  revenue 
service,  shall  considered  a  resident  of  the  State,  in  consequence  of 
being  stationed  within  the  same. 

Sec.  2.  The  general  assembh^  shall,  at  its  first  session,  provide  for 
the  registration  of  all  the  qualified  electors  in  each  count}^:  and 
thereafter,  from  time  to  time,  of  all  who  may  become  such  qualified 
electors. 

Sec.  3.  Xo  president,  director,  cashier,  or  other  officer,  of  anv  bank- 
ing 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. 

Sec.  4.  The  general  assembly  shall  have  power  to  exclude  from 
every  office  of  honor,  trust,  or  profit,  Avithin  the  State,  and  from  the 
right  of  suff'rage,  all  persons  convicted  of  bribery,  perjury,  or  other 
infamous  crime. 

Sec.  5.  Xo  jierson  shall  be  capable  of  holding  or  of  being  elected 
to  any  post  of  honor,  profit,  trust,  or  emolument,  civil  or  military, 
legislative,  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  sliall 
in  any  manner  aid  or  assist  in  such  duel,  or  .shall  be  knowinglv  the 


674  Florida— 1838 

bearer  of  such  challenge  or  acceptance,  Avhethcr  the  same  occur  or  V)e 
committed  in  or  out  of  the  State. 

Sec.  ().  No  person  Avho  may  hereafter  be  a  collector  or  holder  of 
public  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. 

Sec.  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 
attorne}^,  in  any  civil  case  or  claim  against  this  State,  or  to  which 
this  State  shall  be  a  party,  during  the  time  h# shall  remain  in  office. 

Sec.  8.  No  governor,  justice  of  the  supreme  court,  chancellor,  or 
judge,  in  this  State,  shall  be  eligible  to  election  or  appointment  to 
any  other  and  different  station,  or  office,  or  post  of  honor  or  emolu- 
ment, under  this  State,  or  to  the  station  of  Senator  or  Rejjresentative 
in  the  Congress  of  the  United  States  from  this  State,  until  one  year 
after  he  shall  have  ceased  to  be  such  governor,  justice,  chancellor,  or 
judge. 

Sec.  9.  No  senator  or  representative  shall,  during  the  term  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office  of 
profit  under  this  State,  which  shall  have  been  created,  or  the  emolu- 
ments of  which  shall  have  been  increased,  chiring  such  term,  except 
such  offices  as  may  be  filled  by  elections  by  the  people. 

Sec.  10.  No  minister  of  the  gospel  shall  be  eligible  to  the  office  of 
governor,  senator,  or  member  of  the  house  of  representatives  of  this 
State. 

Sec.  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  con- 
stitution of  this  State,  to  exercise  the  office  to  which  I  have  been 
elected,  (or  appointed,)  and  will,  to  the  best  of  my  abilities,  discharge 
the  duties  thereof,  and  preserve,  protect,  and  defend  the  constitution 
of  this  State,  and  of  the  United  States." 

Sec.  12.  Every  person  shall  be  disqualified  from  serving  as  gov- 
ernor, senator,  representative,  or  from  holding  any  other  office  of 
honor  or  profit  in  this  State,  for  the  term  for  which  he  shall  have 
been  elected,  who  shall  have  been  convicted  of  having  given  or  offered 
any  bribe  to  procure  his  election. 

Sec.  13.  Laws  shall  be  made  by  the  general  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  regidating  elections,  and  prohibiting,  under  adequate 
penalties,  all  undue  influence  thereon,  from  power,  bribery,  tumult,  or 
other  improper  practices. 

Sec.  14.  All  civil  officers  of  the  State  at  large  shall  reside  within 
the  State,  and  all  district  or  county  officers  within  their  respective 
districts  or  counties,  and  shall  keep  their  respective  offices  at  such 
places  therein  as  may  be  required  by  law. 

Sec.  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. 


Florida— 1838  .   675 

Sec.  16.  Returns  of  elections  for  members  of  Congress  and  the 
general  assembly  shall  be  made  to  the  secretary  of  state,  in  manner  to 
be  prescribed  by  law. 

Sec.  17.  In  all  elections  by  the  general  assembly,  ihe  vote  shall  be 
viva  ooce;  and  in  all  elections  by  the  people  the  vote  shall  be  by 
ballot. 

Sec.  18.  Xo  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  anj^  office  of  profit  under  the  State ;  and  no 
person  in  this  State  shall  ever  hold  two  offices  of  profit  at  the  same 
time,  except  the  office  of  justice  of  the  peace,  notary  public,  constable, 
and  militia  offices. 

Sec.  10.  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. 

Sec.  20.  The  power  of  impeachment  shall  be  vested  in  the  house  of 
representatives. 

Sec.  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. 

Sec.  22.  The  governor  and  all  civil  officers  shall  be  liable  to  im- 
peachment for  any  misdemeanor  in  office;  but  judgment,  in  such 
cases,  shall  not  extend  further  than  to  removal  from  office,  and  dis- 
qualification to  hold  any  office  of  honor,  trust,  or  profit  under  this 
State ;  but  the  parties  shall,  nevertheless,  be  liable  to  indictment,  trial, 
and  iDunishment  according  to  law. 

ArTK  LE   VII 
MIMTIA 

Section  1.  All  militia  officers  shall  be  elected  by  the  persons  sub- 
ject to  military  duty  within  the  bounds  of  their  several  companies, 
battalions,  regiments,  brigades,  and  divisions,  under  such  rules  and 
regulations  as  the  general  assembly  may,  from  time  to  time,  direct 
and  establish. 

Sec.  2.  The  governor  shall  ap]:)oint  all  the  officers  of  the  executive 
staff,  except  the  adjutant-general  and  paymaster-general,  who  shall 
be  apjwinted  by  the  governor,  by  and  with  the  advice  and  consent  of 
the  senate.  The  major-generals  and  brigadier-generals,  and  com- 
manding officers  of  regiments,  shall  appoint  such  staff  officers  as  may 
be  prescribed  by  law:  Procide(h  Xo  person  shall  be  eligible  to  any 
staff  appointment  unless  he  hold  a  connnission  in  the  line. 

Articij:  VTIT 
taxation  and  im'at.xr?^ 

Section  1.  The  general  assembly  shall  devise  and  adopt  a  sj^stem 
of  revenue,  having  regard  to  an  ecjual  and  uniform  mode  of  taxation, 
to  be  general  throutrhout  the  State. 


676  Florida— 1838 

Sec.  2.  No  other  or  greater  amount  of  tax  or  revenue  shall  at  any 
time  be  levied  than  ma}'  be  required  for  the  necessary  expenses  of 
government. 

Sec.  3.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  an  approj^riation  by  law ;  and  a  regular  statement  of  the 
receijDts  and  the  expenditures  of  all  public  moneys  shall  be  published 
and  promulgated  annually  with  the  laws  of  the  general  assembly. 

Sec.  4.  The  general  assembly  shall  have  power  to  authorize  the 
several  counties  and  incor^^orated  towns  in  this  State  to  impose  taxes 
for  county  and  corporation  purposes  resj^ectivel}' ;  and  all  property 
shall  be  taxed  upon  the  principles  established  in  regard  to  State 
taxation. 

Article  IX 
census  and  apportionment  of  representation 

Section  1.  The -general  assembly  shall,  in  the  year  1845,  and  every 
tenth  year  thereafter,  cause  an  enumeration  to  be  made  of  all  the 
inhabitants  of  the  State,  and  to  the  whole  number  of  free  white 
inhabitants  shall  be  added  three-fifths  of  the  number  of  slaves;  and 
they  shall  then  proceed  to  apportion  the  representation  equally  among 
the  different  counties,  according  to  such  enumeration,  giving,  how- 
ever, one  representative  to  every  county,  and  increasing  the  number 
of  representatives,  on  a  uniform  ratio  of  population,  according  to  the 
foregoing  basis;  and  which  ratio  shall  not  be  changed  until  a  new 
census  shall  have  been  taken. 

Sec.  2.  The  general  assembly  shall  also,  after  every  such  enumera- 
tion, proceed  to  fix  by  law  the  number  of  senators  which  shall  con- 
stitute the  senate  of  the  State  of  Florida,  and  Avhich  shall  never  be 
less  than  one- fourth  nor  more  than  one-half  of  the  whole  number  of 
the  house  of  representatives ;  and  they  shall  lay  off  the  State  into  the 
same  number  of  senatorial  districts,  as  nearly  equal  in  the  number  of 
inhabitants  as  may  be,  according  to  the  ratio  of  representation  estab- 
lished in  the  preceding  section ;  each  of  which  districts  shall  be  enti- 
tled to  one  senator. 

Sec.  3.  When  any  senatorial  district  shall  be  composed  of  two  or 
more  counties,  the  counties  of  which  such  district  consists  shall  not  be 
entirely  separated  by  any  county  belonging  to  another  district,  and 
no  county  shall  be  divided  in  forming  a  district. 

Sec.  4.  No  new  county  shall  be  entitled  to  separate  rej)resentation 
until  its  population  equal  the  ratio  of  representation  then  existing; 
nor  shall  any  county  be  reduced  in  population,  by  division,  beloAv  the 
existing  ratio. 

Sec.  5.  Until  the  apportionment  of  representation  b}^  the  general 
assembly,  as  directed  in  the  foregoing  section,  the  several  counties 
shall  be  entitled  to  the  following  representatives,  viz :  Escambia, 
three;  Walton,  one;  Washington,  one;  Jackson,  three;  Franklin, 
two;  Calhoun,  two;  Gadsden,  four;  Leon,  six;  Jefferson,  three; 
Madison,  one;  Hamilton,  one;  Columbia,  two;  Alachua,  two:  Duval, 
two;  Nassau,  one;  Saint  John's,  three;  Mosquito,  one;  Dade,  one; 
Monroe,  one ;   Hillsborough,  one ;  and,  until  the   apportionment   of 


Florida— 1888  677 

senators  under  the  census  as  aforesaid,  there  shall  be  sixteen  sena- 
torial districts  in  this  State,  which  shall  be  as  follows : 

The  county  of  Escambia  shall  compose  the  first  district. 

The  counties  of  Walton  and  AVashington  shall  compose  the  second 
district. 

The  county  of  Jackson  shall  compose  the  third  district. 

The  county  of  Calhoun  shall  com[)Ose  the  fourth  district. 

The  county  of  Franklin  shall  compose  the  fifth  district. 

The  count}^  of  Gadsden  shall  c()m[)()se  the  sixth  district. 

The  county  of  Leon  shall  compose  the  seventh  disti'ict. 

The  county  of  Jetl'erson  shall  compose  the  eiahth  district. 

The  countj^  of  Madison  shall  compose  the  ninth  district. 

The  county  of  Hamilton  shall  compose  the  tenth  district. 

The  count}^  of  Columbia  shall  compose  the  eleventh  district. 

The  county  of  Alachua  shall  compose  the  twelfth  district. 

The  county  of  Duval  shall  compose  the  thirteenth  district. 

The  county  of  Nassau  shall  compose  the  fourteenth  district. 

The  counties  of  Saint  John's  and  Mosquito  shall  compose  the  fif- 
teenth district. 

The  counties  of  Dade,  Monroe,  and  Hillsborough  shall  compose  the 
sixteenth  district. 

And  each  senatorial  district  shall  elect  one  senator,  and  the  seventh 
district  shall  be  entitled  to  two. 

Article  X 

EDUCATION 

Section  1.  The  proceeds  of  all  lands  that  have  been,  or  may  here- 
after be,  granted  by  the  United  States  for  the  use  of  schools  and  a 
seminary  or  seminaries  of  learning,  shall  be  and  remain  a  perpetual 
fund,  the  interest  of  which,  together  with  all  mone3^s  derived  from 
any  other  source  applicable  to  the  same  object,  shall  be  inviolably 
appropriated  to  the  use  of  schools  and  seminai'ies  of  learning, 
respectively,  and  to  no  other  purpose. 

Sec.  2.  The  general  assembly  shall  take  such  measures  as  may  be 
necessary  to  preserve  from  waste  or  damage  all  land  so  granted  and 
appropriated  to  the  puri)oses  of  education. 

Article  XI 

PUBLIC  DOMAIN  AND  INTERNAL  IMPROVEMENTS 

Section  1.  It  shall  be  the  duty  of  the  general  assembly  to  provide 
for  the  prevention  of  Avaste  and  damage  of  the  })ublic  lands  now  pos- 
sessed, or  that  may  hereafter  be  ceded  to  the  Territory  or  State  of 
Florida;  and  it  may  pass  laAvs  for  the  sale  of  any  part  or  portion 
thereof,  and.  in  such  case,  jn-ovide  for  the  safety,  security,  and  api)ro- 
priation  of  the  proceeds. 

Sec.  2.  A  liberal  system  of  internal  improvements,  being  essential 
to  the  development  of  tlie  resources  of  the  country,  shall  be  encour- 
aged by  the  government  of  this  State:  and  it  shall  be  the  duty  of  the 


678  Florida— 1838 

general  assembly,  as  soon  as  practicable,  to  ascertain,  by  law,  proper 
objects  of  improvement,  in  relation  to  roads,  canals,  and  navigable 
streams,  and  to  provide  for  a  suitable  application  such  funds  as  may 
be  appropriated  for  such  improvements. 

Article  XII 

BOUNDARIES 

Section  1.  The  jurisdiction  of  the  State  of  Florida  shall  extend 
over  the  Territories  of  East  and  West  Florida,  which,  by  the  treaty  of 
amity,  settlement,  and  limits,  between  the  United  States  and  His 
Catholic  Majesty,  on  the  22d  day  of  February,  A.  D.  1819,  were  ceded 
to  the  United  States. 

Article  XIII 

BANKS  AND  OTHER  CORPORATIONS 

Section  1.  The  general  assembly  shall  pass  a  general  law  for  the 
incorporation  of  all  such  churches,  and  religious  or  other  societies, 
as  may  accept  thereof;  but  no  special  act  of  incorporation  thereof 
shall  be  passed. 

Sec.  2.  The  general  assembly  shall  pass  no  act  of  incorporation,  or 
make  anj^  alteration  therein,  nnless  with  the  assent  of  at  least  two- 
thirds  of  each  house,  and  unless  public  notice  in  one  or  more  news- 
papers in  the  State  shall  have  been  given  for  at  least  three  months 
immediately  preceding  the  session  at  which  the  same  ma}^  be  applied 
for. 

Sec.  3.  Xo  banking  corporation  shall  be  created,  or  continue,  which 
is  composed  of  a  less  number  than  twenty  individuals,  a  majority  of 
whom,  at  least,  shall  be  residents  of  the  State ;  "and  no  other  corpora- 
tion shall  be  created,  or  continue,  composed  of  a  less  number  than  ten, 
of  whom  at  least  five  shall  be  residents  of  this  State. 

Sec.  4.  Xo  bank-charter,  or  any  act  of  incorporation  granting  ex- 
clusive privileges,  shall  be  granted  for  a  longer  period  than  twenty 
years;  and  no  bank-charter  shall  ever  be  extended  or  renewed. 

Sec.  5.  The  charters  of  banks  granted  by  the  general  assembly  shall 
restrict  such  banks  to  the  business  of  exchange,  discount,  and  deposit ; 
and  they  shall  not  speculate  or  deal  in  real  estate,  or  the  stock  of  other 
corporations  or  associations,  or  in  merchandise  or  chattels,  or  be  con- 
cerned in  insurance,  manufacturing,  exportation,  or  importation, 
except  of  bullion  or  specie;  shall  not  act  as  trustee  in  any  wise,  nor 
shall  they  own  real  estate  or  chattels,  except  such  as  shall  be  necessary 
for  their  actual  use  in  the  transaction  of  business,  or  which  may  be 
pledged  as  further  security,  or  received  towards  or  in  satisfaction  of 
previously-contracted  debts,  or  purchased  at  legal  sales  to  satisfy  such 
debts ;  of  which  they  shall  be  required  to  make  sale  within  two  years 
after  the  acquisition  thereof. 

Sec.  C).  The  capital  stock  of  any  bank  shall  not  be  less  than  one 
hundred  thousand  dollars,  and  shall  be  created  only  by  the  actual 
payment  of  specie  therein ;  and  no  bank  shall  borrow  money  to  create 
or  add  to  its  capital  or  to  conduct  its  business,  and  no  loans  shall  be 
made  on  stock. 

Sec.  7.  All  liabilities  of  such  banks  shall  be  payable  in  specie,  and 


Florida— 1838  679 

the  agoTegate  of  the  liabilities  and  issues  of  a  bank  shall  at  no  time 
exceed  double  the  amount  of  its  capital  stock  paid  in. 

Sec.  8.  No  bank  shall  make  a  note  or  security  of  any  kind  for  a 
smaller  sum  than  five  dollars;  and  the  general  assembly  may  increase 
such  restriction  to  twenty  dollars. 

Sec  9.  Xo  dividends  of  profits  exceeding  ten  per  centum  per  annum 
on  the  capital  stock  paid  in  shall  be  made;  but  all  profits  over  ten  per 
centum  per  annum  shall  be  set  apart  and  retained  as  a  safety  fimd. 

Sec.  10.  Stockholders  in  a  bank,  when  an  act  of  forfeiture  of  its 
charter  is  committed,  or  when  it  is  dissolved  or  expires,  shall  be 
individually  and  severally  liable  for  the  payment  of  all  its  debts,  in 
proportion  to  the  stock  owned  by  each. 

Sec.  11.  Banks  shall  be  open  to  inspection,  under  such  regulations 
as  may  be  prescribed  by  law ;  and  it  shall  be  the  duty  of  the  governor 
to  appoint  a  person  or  persons,  not  connected  in  any  manner  with  any 
bank  in  the  State,  to  examine  at  least  once  a  year  into  their  state  and 
condition  ;  and  the  officers  of  every  bank  shall  make  quarterly  returns 
to  the  governor  of  its  state  and  condition,  and  the  names  of  the  stock- 
holders, and  shares  held  by  each. 

Sec.  12.  Xon-user  for  the  space  of  one  year,  or  any  act  of  a  corpora- 
tion, or  those  having  the  control  and  management  thereof,  or  in- 
trusted therewith,  inconsistent  with  or  in  violation  of  the  provisions 
of  this  constitution,  or  of  its  charter,  shall  cause  its  forfeiture;  and 
the  general  assembly  shall,  by  general  laAv,  provide  a  summary  process 
for  the  sequestration  of  its  effects  and  assets,  the  appointment  of 
officers  to  settle  its  affairs;  and  no  forfeited  charter  shall  be  restored. 
The  foregoing  provisions  shall  not  be  construed  to  prevent  the  general 
asseml)ly  from  imposing  other  restrictions  and  provisions  in  the  crea- 
tion of  corporations. 

Sec.  13.  The  general  assembly  shall  not  pledge  the  faith  and  credit 
of  the  State  to  raise  funds  in  aid  of  any  corporation  whatsoever. 

Sec.  11.  The  general  assembly  shall,  at  its  first  session,  have  power 
to  regulate,  restrain,  and  control  all  associations  claiming  to  exercise 
corporate  privileges  in  the  State,  so  as  to  guard,  protect,  and  secure 
the  interests  of  the  ])eople  of  the  State,  not  violating  vested  rights 
or  impairing  the  obligation  of  contracts. 

Aim- KM.:  XTV 

AAfENDMENTS    AND    IMAISIOX    Ol"    THE    COXSTITTTIOX 

Section  1.  Xo  convention  of  the  people  shall  be  called  unless  by 
the  concurrence  of  two-thirds  of  each  house  of  the  general  assembly. 

Sec.  2.  Xo  part  of  this  constitution  shall  be  altered  unless  a  bill  to 
alter  the  same  shall  have  been  read  three  times  in  the  house  of  rej^re- 
sentatives  and  three  times  in  the  senate,  and  agreed  to  by  two-thirds 
of  each  house  of  the  general  assembly;  neither  shall  any  alteration 
take  place  until  the  bill  so  agreed  to  be  published  six  months  previous 
to  a  new  election  for  members  to  the  house  of  representatives;  and  if 
the  alteration  proposed  by  tlie  general  assembly  shall  be  agreed  to, 
at  thcii-  first  session,  by  two-tliirds  of  each  house  of  the  general 
assembly,  after  the  same  shall  have  been  read  three  times  on  three 
seA'eral  days  in  each  house,  then,  and  not  otherwise,  the  same  shall 
become  a  part  of  the  constitution. 


680  Florida— 1838 

Article  XV 

THE    SEAT   or    (JOVERNMENT 

Section  1.  The  seat  of  government  of  the  State  of  Florida  shall  be 
and  remain  permanent  at  the  city  of  Tallahassee,  for  the  term  and 
time  of  five  years  from  and  after  the  end  of  the  first  session  of  the 
general  assembly  to  be  holden  under  this  constitution;  and,  after  th" 
expiration  of  the  said  five  years,  the  general  assembly  shall  have 
power  to  remove  the  seat  of  government  from  Tallahassee,  and  fix  the 
same  at  anj^  other  point:  Provided.,  That  the  general  assembly  shall, 
immediately  after  the  exj^iration  of  ten  years  from  the  end  of  the 
,said  first  session  thereof,  fix  i)ermanently  the  seat  of  government. 

Article  XVI 

GENERAL    PROVISIONS 

Section  1.  The  general  assembly  shall  have  no  power  to  pass  laws 
for  the  emancipation  of  slaves. 

Sec.  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:  Pro  ruled.  They  shall  have 
j)ower  to  enact  laAvs  to  prevent  the  introduction  of  any  slaves  who 
may  have  committed  crimes  in  other  States. 

Sec.  3.  The  general  assembly  shall  have  power  to  jDass  laws  to  pre- 
vent free  negroes,  mulattoes,  and  other  persons  of  color,  from  immi- 
grating to  this  State,  or  from  being  discharged  from  on  board  any 
vessel  in  any  of  the  ports  of  Florida. 

Sec.  4.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
Xo  person  shall  be  convicted  of  treason  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  his  confession  in  open  court. 

Sec.  5.  Divorces  from  the  bonds  of  matrimony  shall  not  be  allowed 
but  by  the  judgment  of  a  court,  as  shall  be  prescribed  by  law. 

Sec.  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. 

Sec.  T.  The  oaths  of  officers,  directed  to  be  taken  under  this  con- 
stitution, may  be  administered  by  any  judge  or  justice  of  the  peace 
of  the  Territory  or  State  of  Florida,  until  otherwise  prescribed  by 
law. 

Article  XVII 
schedule  and  ordinance 

In  order  that  no  inconvenience  may  arise  from  the  organization 
and  establishment  of  the  State  government,  it  is  declared: 

Section  1.  That  all  laws  or  parts  of  laws  now  in  force,  or  which 
may  be  hereafter  passed  b}'^  the  governor  and  legislative  council  of 
the  Territory  of  Florida,  not  repugnant  to  the  provisions  of  this  con- 
stitution, shall  continue  in  force  until,  by  operation  of  their  pro- 
visions or  limitations,  the  same  shall  cease  to  be  in  force,  or  until 
the  general  assembly  of  this  State  shall  alter  or  repeal  the  same;  and 


Florida— 1838  681 

all  writs,  actions,  prosecutions,  judgments,  and  contracts  shall  be  and 
continue  unimpaired;  and  all  process  which  has  heretofore  issued, 
or  which  may  be  issued  prior  to  the  last  day  of  the  first  session  of  the 
general  assembly  of  this  State,  shall  be  as  valid  as  if  issued  in  the 
name  of  the  State;  and  nothing  in  this  constitution  shall  impair  the 
obligation  of  contracts,  or  violate  vested  rights,  either  of  individuals, 
or  of  associations  claiming  to  exercise  corporate  privileges  in  this 
State. 

Sec.  2.  All  fines,  penalties,  forfeitures,  obligations,  and  escheats 
accruing  to  the  Territory  of  Florida  shall  accrue  to  the  use  of  the 
State  of  Florida. 

Sec.  3.  All  recognizances  heretofore  taken,  or  which  may  be  taken 
before  the  organization  of  the  judicial  department  under  this  con- 
stitution, shall  remain  valid,  and  shall  pass  over  to,  and  may  be 
prosecuted  in  the  name  of  the  State;  and  all  bonds  executed  to  the 
governor  of  the  Territory  of  Florida  or  to  any  other  officer,  in  his 
official  capacity,  shall  pass  over  to  the  governor  or  other  proper  State 
authority,  and  to  their  successors  in  office,  for  the  uses  therein  respec- 
tively expressed,  and  may  be  sued  for  and  recovered  accordingly; 
and  all  criminal  prosecutions  and  penal  actions  which  have  arisen, 
or  Avhich  may  arise  before  the  organization  of  the  judicial  depart- 
ment under  this  constitution,  and  Avhich  shall  then  be  depending, 
may  be  prosecuted  to  judgment  and  execution  in  the  name  of  the 
State. 

,  Sec.  4.  All  officers,  civil  and  military,  uoav  holding  their  offices  and 
api)ointments  in  the  Territory  under  the  authority  of  the  United 
States,  or  under  the  authority  of  the  Territory,  shall  continue  to 
hold  and  exercise  their  respective  offices  and  appointments  until  super- 
seded under  this  constitution;  and  all  actions  at  law  or  suits  in  chan- 
cery, or  any  proceeding  pending,  or  wdiich  may  be  pending,  in  any 
court  of  the  Territory  of  Florida,  may  be  commenced  in  or  trans- 
ferred to  such  court  of  the  State  as  may  have  jurisdiction  of  the 
subject-nuitter  thereof. 

Sec.  T).  This  constitution  shall  be  submitted  to  the  people  for  rati- 
fication at  the  election  for  delegate  on  the  first  Monday  of  ]May  next. 
Eacli  qualified  votei"  shall  express  his  assent  or  dissent  to  the  con- 
stitution by  directing  the  managers  of  said  election  to  write  opposite 
to  his  name  on  the  [)oll-book  either  the  word  '*  Constitution  ''  or  "  No 
constitution.''''  And  in  case  the  time  of  election  for  delegate  be 
changed  to  any  other  day  than  the  first  Monday  of  May  next,  then 
the  judges  or  clerks  of  the  county  courts  respectively  shall  appoint 
managei's  to  hold  an  election  on  the  said  first  ^Monday  of  May.  for 
ratification  of  the  constitution;  and  said  managers  shall  conduct  said 
election  in  the  manner  jirovided  by  the  laws  of  the  Territory  res|)ect- 
ing  elections,  aiul  make  return  of  the  result  of  such  vote  forthwith, 
by  depositing  the  original  poll-book  in  the  clerk's  office  of  their 
counties,  respectively,  and  by  transmitting  a  certificate  of  the  result 
to  the  president  of  the  convention,  who  shall  forthwith  make  procla- 
mation of  the  same;  and  in  case  the  constitution  be  ratified  by  the 
people,  and  immediately  after  official  information  shall  have  been 
received  that  Congress  lune  approved  the  constitution,  and  pro- 
vided for  the  admission  of  Florida,  the  ])resident  of  this  convention 
shall  issue  writs  of  election  to  the  proper  officers,  in  the  different 
counties,  enjoining  them  to  cause  an  election  to  be  held  for  governor, 


682  Florida— 1838 

Eei^resentative  in  Congress,  and  members  of  the  general  assembly  in 
each  of  their  respective  counties.  The  election  shall  be  held  on  the 
first  Monday  after  the  lapse  of  sixty  days  following  the  day  of  the 
date  of  the  President's  proclamation,  and  shall  take  place  on  the  same 
day  throughout  the  State.  The  said  election  shall  be  conducted 
according  to  the  then  existing  election  laws  of  the  Territory  of 
Florida:  Provided^  however^  That  in  case  of  the  absence  or  dis- 
ability of  the  president  of  the  convention  to  cause  the  said  election  to 
be  carried  into  effect,  the  secretary  of  this  convention  shall  discharge 
the  duties  hereby  imposed  upon  the  president ;  and,  in  case  of  the 
absence  or  disability  of  the  secretary,  a  committee  consisting  of  five, 
to  wit,  Leigh  Read,  George  T.  Ward,  James  D.  Westcott,  jr.,  Thomas 
Brown,  and  Leslie  A.  Thompson,  or  a  majority  of  them,  shall  dis- 
charge the  duties  herein  imposed  on  the  secretary  of  the  convention ; 
and  the  members  of  the  general  assembly  so  elected  shall  assemble 
on  the  fourth  Monday  thereafter  at  the  seat  of  government.  The 
governor,  Representative  in  Congress,  and  members  of  the  general 
assembly  shall  enter  upon  the  duties  of  their  respective  offices  imme- 
diately after  their  election  under  the  provisions  of  this  constitution, 
and  shall  continue  in  office  in  the  same  manner,  and  during  the  same 
period,  they  would  have  done  had  they  been  elected  on  the  first 
Monday  in  October. 

Sec.  6.  The  general  assembly  shall  have  power,  by  the  votes  of  two- 
thirds  of  both  "houses,  to  accede  to  such  propositions  as  may  be  made 
by  the  Congress  of  the  United  States  upon  the  admission  of  th^ 
State  of  Florida  into  the  national  confederacy  and  LTnion,  if  they 
shall  be  deemed  reasonable  and  just,  and  to  make  declaration  of  such 
assent  by  law ;  and  such  declaration,  when  made,  shall  be  binding 
upon  the  people  and  the  State  of  Florida  as  a  compact;  and  the 
governor  of  the  State  of  Florida  shall  notify  the  President  of  the 
United  States  of  the  acts  of  the  general  assembly  relating  thereto; 
and  in  case  of  declining  to  accede  to  such  propositions,  or  an_v  part 
thereof,  the  general  assembly  shall  instruct  the  Senators  and  Repre- 
sentatives of  the  State  of  Florida  in  Congress  to  procure  such  modi- 
fication or  alteration  thereof  as  may  be  cleemed  reasonable  and  just, 
and  assent  thereto,  subject  to  the  ratification  of  the  general  assembly 
by  law  as  aforesaid. 
^  Sec.  7.  The  courts  of  this  State  shall  never  entertain  jurisdiction 
of  any  grants  of  land  in  the  Floridas  made  by  the  King  of  Spain, 
or  by  his  authorit}^,  subsequent  to  the  twenty-fourth  day  of  Januar}^, 
eighteen  hundred  and  eighteen;  nor  shall  the  said  courts  receive  as 
evidence,  in  any  case,  certain  grants  said  to  have  been  made  by  the 
said  King  of  Spain  in  favor  of  the  Duke  of  Alagon.  the  Count 
Punon  Rostro.  and  Don  Pedro  de  Vargas,  or  any  title  derived  from 
either  of  said  grants,  unless  w  ith  the  express  assent  of  the  Congress 
of  the  LTnited  States. 

Done  in  convention,  held  in  pursuance  of  an  act  of  the  governor 
and  legislative  council  of  the  Territory  of  Florida,  entitled  "An  act 
to  call  a  convention  for  the  purpose  of  organizing  a  State  govern- 
ment," passed  30th  day  of  January,  1838,  and  approved  2d  February, 
eighteen  hmidred  and  thirty-eight. 

Robert  Raymond  Reid, 

President  of  the  Convention. 

Joshua  Knowles,  Secretary. 


Florida— 1847  683 

AMENDMENTS 
Article  I 

An  Act  to  amend  the  Constitution  of  this  State  so  as  to  make  the  sessions  <>f  tjie 
General  Assembly  biennial  instead  of  annual 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rejyresenta- 
tives  of  the  State  of  Florida  in  General  Assembly  convened,  That  the 
second  clause  of  the  fourth  article  of  the  Constitution  of  this  State  be 
so  amended  as  to  read  as  follows,  viz:  2nd.  The  members  of  the 
House  of  Representatives  shall  be  chosen  by  the  qualified  voters  and 
shall  serve  for  the  term  of  two  years  from  and  after  the  day  of  the 
first  election  under  the  amended  Constitution,  and  no  longer;  and 
the  sessions  of  the  General  Assembly  shall  be  biennial,  and  commence 
on  the  fourth  ^Monday  in  Xovember  in  each  and  every  second  year, 
or  at  such  other  times  as  may  be  prescribed  by  law. 

Sec.  2.  Be  it  further  enacted,  That  the  third  clause  of  the  fourth 
article  of  the  Constitution  be  amended  so  that  the  same  shall  read  as 
follows:  3d.  That  the  Representatives  shall  be  chosen  on  the  first 
Monday  in  the  month  of  October  in  each  and  every  second  year,  from 
and  after  the  first  election  under  this  amended  Constitution,  or  on 
ruch  other  day  as  may  be  directed  h\  law. 

Sec.  3.  Be  it  further  enacted.  That  the  fifth  clause  of  the  aforesaid 
article  be  so  amended  as  to  read  as  follows,  viz:  The  Senators  shall 
be  chosen  by  the  qualified  electors  for  the  term  of  four  years  at  the 
same  time,  in  the  same  manner,  and  in  the  same  place  where  they 
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  Stale  for  two  years 
next  preceding  his  election,  and  the  last  year  a  resident  of  the  District 
or  Count}'  for  which  he  shall  be  chosen,  and  shall  have  attained  the 
age  of  twenty-five  j^ears. 

Sec.  4.  Be  it  further  enacted,  That  the  sixth  clause  of  the  aforesaid 
article  be  so  amended  as  to  read  as  follows,  viz ;  The  classification  of 
Senators,  as  made  at  the  first  session  of  the  General  Assembly  held 
in  the  year  1845,  shall  continue  unchanged;  one  half  of  whom,  as 
nearly  as  possible,  shall  be  chosen  forever  hereafter  biennially  for  the 
term  of  four  years;  Pronided,  however,  and  it  is  hereby  declared, 
that  the  term  of  office  of  that  class  of  Senators  imexpired  at  the  first 
election  ulider  the  amended  Constitution,  shall  extend  to,  and  expire 
on  the  first  ^londay  in  October  eighteen  hundred  and  fifty. 

Sec.  5.  Be  it  further  enacted.  That  the  first  election  for  Assembly- 
men, under  the  amended  Constitution,  shall  take  place  on  the  first 
Monday  in  October,  eighteen  hundred  and  forty  eight ;  and  the  first 
session  of  the  General  Assembly,  under  this  amended  Ct)nstitution, 
shall  commence  on  the  fourth  Monday  in  Xovember,  in  the  year 
eigliteen  hundred  and  forty  eight. 

Second  General  Assembly. — Passed  the  Senate,  by  constitutional 
majority,  December  22,  1840.  Passed  the  House  of  Representatives, 
by  Constitutional  majority,  December  21),  18-16. 

'  Third  General  Assembly. — Passed  the  Senate  by  the  constitutional 
majority,  December  21,  1847.  Passed  the  House  of  Representatives 
by  the  constitutional  majority,  December  23,  1847. 


684  Florida- -18/^8 

Article  II 

An  Act  to  jimeud  the  Twelfth  Clause  of  the  Fifth  Article  of  the  Constitution  of 
this  State,  so  that  the  .7ud|L;es  of  the  Circuit  Courts  shall  hold  their  offices  for  a 
term  of  eight  years,  instead  of  during  good  behavior. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives of  the  State  of  Florida  hi  General  Assemhly  convened^  That  the 
twelfth  clause  of  the  fifth  article  of  the  Constitution  of  this  State  be 
so  amended  as  to  read  as  follows,  viz;  That  at  the  expiration  of  the 
present  term  of  office  of  the  Judges  of  the  Circuit  Courts,  with  the 
exceptions  hereinafter  mentioned,  the  Justices  of  the  Supreme  Courts 
and  the  Judges  of  the  Circuit  Courts  shall  be  elected  for  a  term  of 
eight  years,  and  sliall  hold  their  offices  for  that  term,  unless  sooner 
removed  under  the  provisions  made  in  this  Constitution  for  the 
removal  of  Judges,  by  address  or  impeachment ;  and  for  wilful  neg- 
lect of  duty,  or  other  reasonable  cause,  Avhich  shall  not  be  sufficient 
ground  for  impeachment,  the  Governor  shall  remove  any  of  them,  on 
the  address  of  two  thirds  of  the  General  Assembly;  Provided^  how- 
ever, 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  intended  to 
be  removed,  and  he  shall  be  admitted  to  a  hearing  in  his  own  defense, 
before  any  vote  for  such  removal  shall  pass;  and  in  such  cases,  the 
vote  shall  be  taken  by  j^eas  and  nays,  and  entered  on  the  journals  of 
each  house  respectively. 

Sec.  2.  Be  it  further  enacted,  That  the  Judges  first  appointed 
under  this  amended  Constitution  shall  be  divided  b}^  lot  into  four 
classes;  the  first  class  shall  hold  his  or  their  office  or  offices  for  the 
term  of  two  years,  the  second  for  the  term  of  four  years,  the  third  for 
the  term  of  six  years,  the  fourth  for  the  term  of  eight  years. 

Third  General  Assembly. — Passed  the  Senate  by  the  constitutional 
majority,  December  22,  1847.  Passed  the  House  of  Eep)resentatives 
b}^  the  constitutional  majority,  January  G,  1848. 

Fourth  General  Assembly. — Passed  the  House  of  Representatives  by 
the  constitutional  majority,  December  8,  1848.  Passed  the  Senate, 
by  the  constitutional  majority,  December  12, 1848. 

Article  III 

Am  Act  so  to  amend  the  Constitution  of  this  State  as  to  extend  to  all  free  white 
male  inhabitants,  being  citizens  of  the  United  States,  who  shall  have  resided 
w^ithin  this  State  one  year,  the  elective  franchise 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  State  of  Florida  in  General  Assembly  convened,  That  the 
first  clause  of  the  sixth  article  of  the  Constitution  be  so  amended  as 
follows,  viz :  Every  free  white  male  person  of  tlie  age  of  tAventy  one 
years  and  upwards,  and  who  shall  be  at  the  time  of  ofi^ering  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  one  year  next  preceding  the  election  at  which  he  shall 
offer  to  vote,  and 'who  shall,  at  such  time,  and  for  six  months  immedi- 
ately preceding  said  time,  have  had  his  habitation,  domicil,  home 
and  place  of  permanent  abode  in  the  count}'  in  which  he  may  offer 
to  vote,  shall  be  deemed  a  qualified  voter  at  all  elections  under  tlii> 


Florida— 1865  685 

Constitution,  and  none  others,  except  in  elections  by  general  ticket 
in  the  State  or  district  prescribed  by  law,  in  which  cases  the  elector 
must  have  been  a  resident  of  the  State  one  year  next  preceding  the 
election,  and  six  months  within  the  election  district  in  which  he 
offers  to  vote:  Prodded,  That  no  soldier,  seaman  or  marine  in  the 
Regular  Army  or  Xavy  of  the  United  States,  unless  he  were  a  quali- 
fiecl  elector  of  this  State  previous  to  his  enlistment  as  such  soldier, 
seaman  or  marine  in  the  Regular  Army  or  Xavy  of  the  United  States, 
or  of  the  revenue  service,  shall  be  considered  a  resident  of  the  State 
in  consequence  of  being  stationed  within  the  same. 

Second  General  Assenihly. — Passed  Senate  b}'  constitutional  ma- 
jority, December  1,  184G.  Passed  House  of  Representatives  by  con- 
stitutional majority,  December  16,  IS-IG. 

Third  General  Assemhly. — Passed  Senate  by  constitutional  ma- 
jority, December  21,  184T.  Passed  House  of  Representatives  hy  con- 
stitutional majority,  December  23,  1847. 

CONSTITUTION  OF  FLORIDA— 1861 

[A  State  convention,  which  met  at  Tallahassee,  passed  an  ordi- 
nance of  secession  January  10,  18G1,  and  amended  the  constitution 
by  inserting  the  words  '"  Confederate  States  "  in  place  of  "'  United 
States,"'  with  a  few  other  unimportant  changes.  Other  amendments 
were  adopted  at  called  sessions  of  the  convention,  held  in  February, 
1861;  April,  1861;  and  January,  1862;  but  they  were  not  submitted 
to  the  jDeople.] 

CONSTITUTION  OF  FLORIDA— 1865  *  " 

We,  the  people  of  the  State  of  Florida,  b}-  our  delegates  in  con- 
vention assembled,  in  the  city  of  Tallahassee,  on  the  25th  day  of  Octo- 
ber, in  the  3'ear  of  our  Lord  1865,  and  of  the  Independence  of  the 
United  States  the  ninetieth  year,  in  order  to  secure  to  ourselves  and 
our  posterity  the  enjoyment  of  all  the  rights  of  life,  liberty,  and 
property,  and  the  pursuit  of  happiness,  do  mutually  agree,  each  with 
the  other,  to  form  the  following  constitution  and  form  of  government 
in  and  for  the  said  State : 

Articlk  I 

DECLARATION    OF    RIGHTS 

That  the  great  and  essential  ju-inciples  of  liberty  and  free  govern- 
ment may  be  ivcognized  and  established,  we  declare': 

Section.  1.  That  all  freemeu.  when  they  form  a  government,  have 
certain  inherent  and  indefeasible  rights,  among  wliich  are  those  of 

*  Verified  by — Constitution  printed  in  "  The  Acts  and  Resolutions  adopted  by 
the  General  Assembly  of  Florida  at  its  14th  Session,  Tallahassee,  Dyke  and 
Sjiarhawk.  ISCC."  pp.  12.5-148.  See  "The  Ordinances  of  the  Convention  of  'C'),' 
idem,  HO-l.")*!. 

«  This  constitution  was  adopted  at  a  convention   which   met  at  Tallahassee 
October  2.").  ISC"),  and  completed  its  labors  November  7,  18C»5.     It  was  not  sub- 
mitted to  the  i)eople  for  ratification. 
7251— VOL  1—07 i6 


686  Florida— 1865 

enjo_ying  and  defeiiding  life  and  liberty;  of  acquiring,  possessing, 
and  ])rotecting  property  and  reputation,  and  of  pursuing  their  own 
happiness. 

Sec.  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  haye  at  all  times  an  inalienable  and 
indefeasible  right  to  alter  or  abolish  their  form  of  government  in 
such  manner  as  they  may  deem  expedient. 

Sec.  3.  That  all  men  have  a  natural  and  inalienable  right  to  wor- 
ship Almightj'  God  according  to  the  dictates  of  their  own  conscience, 
and  that  no  preference  shall  ever  be  given  by  law  to  any  religious 
establishment  or  mode  of  worship  in  this  State. 

Sec.  4.  That  no  property  qualification  for  eligibility  to  office,  or 
for  the  right  of  suffrage,  shall  ever  be  required  in  this  State. 

Sec.  5.  That  every  citizen  may  freely  speak,  w^rite,  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  that 
liberty;  and  no  law  shall  be  passed  to  curtail,  abridge,  or  restrain  the 
liberty  of  speech  or  of  the  press. 

Sec.  6.  That  the  right  of  trial  by  jury  shall  forever  remain  in- 
violate. 

Sec.  T.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers,  and  possessions,  from  unreasonable  seizures  and  searches; 
and  that  no  warrant  to  search  any  place,  or  to  seize  any  person  or 
thing,  shall  issue  w^ithout  describing  the  place  to  be  searched,  and  the 
person  or  thing  to  be  seized,  as  nearh'  as  may  be,  nor  without  prob- 
able cause,  supported  by  oath  or  affirmation. 

Sec.  8.  That  no  freeman  shall  be  taken,  imprisoned,  or  disseized  of 
his  freehold,  liberties,  or  privileges,  or  outlawed  or  exiled,  or  in  any 
manner  destroyed  or  deprived  of  his  life,  liberty,  or  property,  but  by 
the  laW'  of  the  land. 

Sec.  9.  That  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  dela3\ 

Sec.  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  favor;  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 
evidence  against  himself. 

Sec.  11.  That  all  persons  shall  be  bailable  by  sufficient  securities, 
unless  in  capital  offences,  where  the  proof  is  evident,  or  the  presump- 
tion is  strong:  and  the  haheas-corpus  act  shall  not  be  suspended 
unless  when,  in  case  of  rebellion  or  invasion,  the  public  safety  may 
require  it. 

Sec.  12.  That  excessive  bail  shall  in  no  case  be  required ;  nor  shall 
excessive  fines  be  imposed ;  nor  shall  cruel  or  unusual  punishments  be 
inflicted. 

Sec.  13.  That  no  person  shall,  for  the  same  offence,  be  twice  put  in 
jeopardy  of  life  and  limb. 

Sec.  14.  That  private  projjerty  shall  not  be  taken  or  applied  to 
public  use,  unless  just  compensation  be  first  made  therefor. 


Florida— 1865  687 

Sec.  15.  That  in  all  prosGciitions  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. 

Sec.  10,  That  no  i)ers()n  shall  be  put  to  answer  any  criminal  charge, 
but  by  presentment,  indictment,  or  impeachment,  except  in  such  cases 
as  the  legislature  shall  otherwise  provide:  but  the  legislature  shall 
pass  no  law  whereby  any  person  shall  be  required  to  answer  an}' 
criminal  charge  involving  the  life  of  the  accused,  except  upon  indict- 
ment or  presentment  by  a  grand  jury. 

Sec.  17.  That  no  conviction  shall  work  corruption  of  blood  or  for- 
feiture of  estate. 

Sec.  18.  That  retrospective  laws  punishing  acts  committed  before 
the  existence  of  such  laws,  and  by  them  only  declared  penal  or  crimi- 
nal, are  oppressive,  unjust,  and  incompatible  with  liberty;  wherefore 
no  ex  -post  facto  law  shall  ever  be  made. 

Sec.  19.  That  no  laAv  impairing  the  obligation  of  contracts  shall  be 
passed. 

Sec.  20.  That  the  people  shall  have  a  right,  in  a  peaceable  manner, 
to  assemble  together  to  consult  for  the  common  good,  and  to  apply  to 
those  invested  with  the  powers  of  government  for  redress  of  griev- 
ances, or  other  proper  purposes,  b}^  petition,  address,  or  remonstrance. 

Sec.  21.  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. 

Sec.  22.  That  no  standing  army  shall  be  kept  up  without  the  con- 
sent of  the  legislature ;  and  the  military  shall  be  in  strict  subordina- 
lion  to  the  civil  power. 

Sec.  23.  That  perpetuities  and  monopolies  are  contrary  to  the 
genius  of  a  free  people,  and  ought  not  to  be  allowed. 

Sec.  24.  That  no  hereditary  emoluments.  priAdleges,  or  honors 
shall  be  granted  or  conferred  in  this  State. 

Sec.  25.  That  a  frequent  recurrence  to  fundamental  principles  is 
absolutely  necessary  to  preserve  the  blessings  of  liberty. 

Sec.  20.  That,  to  guard  against  transgressions  upon  the  rights  of 
the  people,  we  declare  that  everything  in  this  article  is  excepted 
out  of  the  general  powers  of  government,  and  shall  forever  remain 
inviolate:  and  all  laws  contrary  thereto,  or  to  the  following  provi- 
sions, shall  be  void. 

Article  II 

DISTRIBUTION    OF   THE    POWERS    OF    GOVERN  MENT 

Section  1.  The  i)owcrs  of  the  government  of  the  State  of  Fh)rida 
shall  be  divided  into  three  distinct  dei)artments,  and  each  of  thom 
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. 

Sec.  2.  No  person,  or  collection  of  persons,  being  one  of  these 
de]>artments,  shall  exercise  any  power  properly  belonging  to  either 
of  the  others,  except  in  the  instance  expressly  provided  in  this  con- 
stitution. 


688  Florida— 1865 

Article  III 

EXECUTIVK    DEPARTMENT 

Section  1.  The  supreme  executive  power  shall  be  vested  in  a  chief 
magistrate,  who  shall  be  stjded  the  governor  of  the  State  of  Florida. 

Sec.  2.  The  governor  shall  be  elected  for  four  years,  by  the  qiudi- 
fled  electors,  at  the  time  and  place  they  shall  vote  for  representatives, 
and  shall  remain  in  office  until  a  successor  shall  be  chosen  and 
qualified. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of  governor  unless 
he  shall  haA'e  attained  the  age  of  thirty  years,  shall  have  been  a  citi- 
zen of  the  United  States  ten  years,  and  shall  have  been  a  resident  of 
Florida  at  least  five  years  next  preceding  his  election. 

Sec.  4.  There  shall  be  elected  at  the  same  time,  for  the  same  term, 
and  with  like  qualifications  as  the  governor,  a  lieutenant-governor, 
who  shall  be  ex-ofpew  president  of  the  senate,  but  shall  have  no  vote 
except  in  cases  of  a  tJe,  and  during  the  session  of  the  general  assembly 
he  shall  receive  such  compensation  as  shall  be  allowed  to  a  senator. 

Sec.  5.  The  returns  of  every  election  for  governor  or  lieutenant- 
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  thcsession  next  after  their  election,  open  and 
publish  them  in  the  presence  of  both  houses  of  the  general  assembly ; 
and  the  persons  having  the  highest  number  of  votes  for  the  respective 
offices  shall  be  governor  and  lieutenant-governor;  but  if  two  or  more 
shall  be  equal  and  highest  in  votes  for  the  office  of  governor,  one  of 
them  shall  be  chosen  governor  by  the  joint  vote  of  the  two  houses; 
and,  in  like  manner,  if  two  or  more  shall  be  equal  and  highest  in 
\''otes  for  the  office  of  lieutenant-governor,  one  of  them  shall  be 
chosen  lieutenant-governor,  by  the  joint  vote  of  the  two  houses.  And 
contested  elections  for  governor  and  lieutenant-governor  shall  be 
determined  b}^  both  houses  of  the  general  assembly,  in  such  manner 
as  shall  be  prescribed  by  law. 

Sec.  6.  The  governor  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 ;  but  such  compensation 
shall  never  be  less  than  three  thousand  dollars  per  annum. 

Sec.  T.  He  shall  be  the  commander-in-chief  of  the  army  and  navy 
of  this  State,  and  of  the  militia  thereof. 

Sec.  8.  He  may  require  information  in  writing  from  the  officers  of 
the  executive  department  on  any  subject  relating  to  the  duties  of  their 
respective  offices. 

Sec.  9.  He  may  by  proclamation,  on  extraordinary  occasions,  con- 
vene the  general  assembly  at  the  seat  of  government,  or  at  a  different 
place,  if  that  shall  have  become  dangerous  from  an  enemy  or  from 
disease;  and  in  case  of  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  he  may  adjourn  them  to  such 
time  as  he  may  think  proper,  not  beyond  the  day  of  the  next  meeting 
designated  by  the  constitution. 

Sec.  10.  He  shall,  from  time  to  time,  give  to  the  general  assembly 
information  of  the  state  of  the  government,  and  recommend  to  their 
consideration  such  measures  as  he  ma}^  deem  expedient. 


Florida— lS6rj  689 

Sec.  11.  He  shall  take  care  tha't  the  laws  be  faitlifnlly  executed. 

Sec.  12.  In  all  criminal  and  penal  cases,  (except  of  impeachment,) 
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  laAv. 

Sec.  13.  The  State  seal  last  heretofore  used  (until  altered  by  the 
general  assembly)  shall  continue  to  be  the  great  seal  of  the  State,  and 
shall  be  kept  by  the  governor  for  the  time  being,  and  used  by  him 
officially. 

Sec.  14.  All  commissions  shall  be  in  the  name  and  by  the  authority 
of  the  State  of  Florida,  be  sealed  Avith  the  State  seal,  and  signed  by 
the  governor  and  attested  by  the  secretary  of  state. 

Sec.  15.  There  shall  be  a  secretary  of  state  elected  b}^  the  qualified 
electors  of  the  State  at  the  same  time,  and  who  shall  continue  in  ofliee 
for  the  same  term  of  years  as  the  governor  of  the  State ;  and  he  shall 
keep  a  fair  register  of  the  official  acts  and  proceedings  of  the  gov- 
ernor, and  shall,  T.hen  required,  lay  the  same,  and  all  papers,  min- 
utes, and  vouchers  relative  thereto,  before  the  general  assembly,  and 
shall  perform  sucxi  other  duties  as  may  l)e  required  of  him  by  law. 

Sec.  1().  Vacancies  that  hapj^en  in  oflices,  the  appointment  to  which 
is  vested  in  the  general  assembly,  or  given  to  the  governor,  with  the 
advice  and  consent  of  tlic  senate,  shall  be  filled  by  the  governor  dur- 
ing the  recess  of  the  general  assembly,  by  granting  commissions  which 
shall  expire  at  the  end  of  the  next  session. 

Sec.  17.  Every  bill  which  shall  have  passed  both  houses  of  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  Avhich  it  shall  have  originated,  who  shall  enter  the  objections 
at  large  upon  the  journals,  and  proceed  to  reconsider  it;  and  if,  after 
such  reconsideration,  two-thirds  of  the  whole  number  voting  shall 
agree  to  pass  the  bill,  it  shall  be  sent  Avith  the  objections  to  the  other 
house,  by  Avhicli  it  shall  be  reconsidered;  and  if  approved  by  two- 
thirds  of  the  Avhole  number  voting,  it  shall  become  a  hiAV ;  but  in  such 
cases  the  votes  of  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  1)V  the  governor  within  five  days  (Sundays  excei)ted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law  in 
like  manner  as  if  he  had  signed,  unless  the  general  asseml)ly  by  their 
adjournment  prevent  its  return,  in  which  case  it  shall  not  be  law. 

Sec.  ](S.  Every  order,  resolution,  or  vote,  to  which  the  concurrence 
of  both  houses  may  be  necessary  (except  on  questions  of  adjourn- 
ment) 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  j^rescribed  in  case  of  a 
bill. 

Sec.  It).  In  case  of  the  impeachment  of  the  governoi-.  Ids  removal 
from  office,  death,  refusal  to  qualify.  I'esignation,  or  absence  fiom  th(> 
State,  the  lieutenant-governor  shall  exei'cise  all  the  iK)wer  and  author- 
ity appertaining  to  the  office  of  governor,  until  the  governor,  al)sent  or 
impeached,  shall  return,  or  be  accjuitted,  or  until  the  governor  next 
regularly  elected  shall  be  duly  qualified,  as  the  case  may  be;  and  for 
the  time  the  lieutenant-governor  shall  occupy  the  office  of  governor 


690  Florida— 1865 

he  shall  receive  the  same  compensirtion  as  shall 'be  allowed  by  law  to 
the  regularl,y-elected  governor. 

Sec.  20.  In  case  of  the  inii)ea('hment  of  both  the  governor  and  the 
lieutenant-governor,  their  removal  from  office,  death,  refusal  to 
qualify,  resignation,  or  absence  from  the  State,  the  speaker  of  the 
house  of  representatives  shall  in  like  manner  administer  the  govern- 
ment, unless  the  general  assembly  shall  otherwise  provide;  and  for 
the  time  he  shall  occupy  the  office  of  governor,  he  shall  receive  the 
same  compensation  as  shall  be  alloAved  by  law  to  the  governor. 

Sec.  21.  It  shall  be  the  duty  of  the  general  assembly  to  provide  for 
the  purchase  or  erection  of  a  suitable  building  for  the  residence  of  the 
governor,  and  the  governor  shall  reside  at  the  seat  of  government; 
but  whenever,  by  reason  of  danger  from  an  enemy,  or  from  disease, 
the  governor  may  deem  the  capital  unsafe,  he  may.  by  proclamation, 
fix  the  seat  of  government  at  some  secure  place  within  the  State,  until 
such  danger  shall  cease. 

Sec.  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  lieutenant-governor  or  the  speaker  of  the  house  of  repre- 
sentatives, when  he  shall  hold  the  office  as  aforesaid. 

Sec.  23.  A  State  treasurer  and  comptroller  of  public  accounts  shall 
be  elected  hy  the  qualified  electors  of  the  State  at  the  same  time,  and 
who  shall  continue  in  office  for  the  same  term  of  years  as  the  gov- 
ernor of  the  State,  and  until  their  successors  shall  have  been  duly 
commissioned  and  qualified. 

Article  IV 

LEGISLATIVE    DEPARTMENT 

Section  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  hy  the  senate  and  house  of  representatives  of  the  State  of 
Florida  in  general  assemMy  convened^'' 

Sec.  2.  The  members  of  the  house  of  representatives  shall  be 
chosen  \>y  the  qiuilified  voters,  and  shall  serve  for  the  term  of  two 
years  from  the  day  of  the  general  election,  and  no  longer;  and  the 
sessions  of  the  general  assembly  shall  be  annual,  and  commence  on 
the  second  "Wednesday  in  November  in  each  year. 

Sec.  3.  The  representatives  shall  be  chosen  every  two  years  on  the 
first  Monda}^  in  the  month  of  October,  until  otherwise  directed  b}^ 
law. 

Sec.  4.  No  person  shall  be  a  representative  unless  he  be  a  white 
man,  a  citizen  of  the  United  States,  and  shall  have  been  an  inhab- 
itant of  the  State  two  years  next  preceding  his  election,  and  the  last 
year  thereof  a  resident  of  the  county  for  Avhich  he  shall  be  chosen, 
and  shall  have  attained  the  age  of  twenty-one  years. 

Sec. -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  representa- 


Florida— 1865  691 

tives,  and  no  man  shall  be  a  senator  unless  he  be  a  white  man,  a  citi- 
zen 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. 

Sec.  6.  The  house  of  representatives,  when  assembled,  shall  choose 
a  speaker  and  its  other  officers,  and  the  senate,  its  other  officers,  and 
in  the  absence  of  the  lieutenant-governor,  a  president  pro  tempore^ 
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  laAv. 

Sec.  7.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  compel  the  attendance  of  absent  members,  in  such  manner  and 
under  such  penalties  as  each  house  may  prescribe. 

Sec.  8.  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. 

Sec.  9.  Each  house,  during  the  session,  may  punish,  by  imprison- 
ment, anj^  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. 

Sec.  1Q.  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 
ma}^,  by  any  two  members,  be  required  upon  any  other  question ;  and 
any  member  of  either  house  shall  have  liberty  to  dissent  from,  or  pro- 
test against,  any  act  or  resolution  which  he  may  think  injurious  to  the 
jjublic,  or  an  individual,  and  have  the  reasons  of  his  dissent  entered 
on  the  journal. 

Sec.  11.  Senators  and  representatives  shall  in  all  cases,  except  trea- 
son, 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  meml)er  may 
reside  from  the  place  at  which  the  general  asseml)ly  is  convened,  and 
for  any  speech  or  debate  in  either  house  they  shall  not  be  questioned 
in  any  other  place. 

Sec.  12.  The  general  assembly  shall  make  provision  by  law  for  fill- 
ing vacancies  that  may  occur  in  either  house  by  the  death,  resignation, 
or  otherwise  of  any  of  its  members. 

Sec.  13.  The  doors  of  each  house  shall  be  open  when  in  legislative 
session,  except  on  such  occasions  as,  in  the  opinion  of  the  house,  the 
public  safety  may  imperiously  require  secrecy. 

Sec.  14.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  they  may  be  sitting. 

SEa  15.  Bills  may  originate  in  either  house  of  the  general  assem- 
bly; and  all  bills  passed  by  one  house  may  be  discussed,  amended,  or 
rejected  by  the  other;  but  no  l)ill  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 


692  Florida— 1865 

ill  "which  the  same  i^hall  be  peiidiiio:  may  deem  it  expedient  to  dis- 
pense with  the  rule;  and  every  bill  having  jjassed  both  houses  shall 
be  signed  bv'  the  speaker  and  ])resideiit  of  their  respective  houses. 

Sec.  K).  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  eitect  during  the 
term  for  which  the  representatives  were  elected  when  such  law  passed. 

Sec.  17.  The  sessions  of  the  general  assembly  shall  not  extend  in 
duration  over  thirt}'  days,  unless  it  be  deemed  expedient  by  a  concur- 
rent majority  of  two-thirds  of  the  members  of  each  house;  and  no 
member  shall  receive  paj^  from  the  State  for  his  services  after  the 
expiration  of  sixt}^  days  continuously  from  the  commencement  of  the 
session. 

Sec.  18.  The  general  assembly  shall  by  law  authorize  the  circuit 
court  to  grant  licenses  for  building  toll-bridges,  and  to  establish  fer- 
ries, and  to  regulate  the  tolls  of  both ;  to  construct  dams  across  streams 
not  navigable;  to  ascertain  and  declare  what  streams  are  navigable; 
but  no  special  law  for  such  purpose  shall  be  made. 

Sec.  19.  The  general  assembly  shall  pass  a  general  law  prescribing 
the  manner  in  which  names  of  persons  ma}?^  be  changed,  but  no  s^Decial 
law  for  such  purpose  shall  be  passed ;  and  no  law  shall  be  made  allow- 
ing minors  to  contract,  or  manage  their  estates. 

Sec.  20.  The  general  assembly  shall  pass  a  general  law  for  the 
incorporation  of  toAvns,  religious,  library,  scientific,  benevolent,  mili- 
tary, and  other  associations,  not  commercial,  industrial,  or  financial ; 
but  no  special  act  incorporating  any  such  association  shall  be  passed. 

Sec.  21.  No  act  incorporating  any  railroad,  banking,  insurance, 
commercial,  or  financial  corporation  shall  be  introduced  into  the  gen- 
eral assembly,  unless  the  person  or  persons  applying  for  such  corpora- 
tion shall  have  deposited  with  the  treasurer  the  sum  of  one  hundred 
dollars  as  a  bonus  to  the  State. 

Sec.  22.  Officers  shall  be  removed  from  office  for  incapacity,  mis- 
conduct, or  neglect  of  duty,  in  such  manner  as  may  be  proAnded  by 
law,  when  no  mode  of  trial  or  removal  is  provided  in  this  constitution. 

Article  V 

JUDICIAL  DEPARTMENT 

Section  1.  The  judicial  power  of  this  State,  both  as  to  matters  of 
law  and  equity,  shall  be  vested  in  a  supreme  court,  courts  of  chancery, 
circuit  courts,  and  justices  of  the  peace,  provided  the  general  assembly 
may  also  vest  such  civil  or  criminal  jurisdiction  as  may  be  necessary 
in  corporation  courts,  and  such  other  courts  as  the  general  assembl}'^ 
may  establish;  but  such  jurisdiction  shall  not  extend  to  capital  cases. 

Sec.  2.  The  supreme  court,  except  in  cases  otherwise  directed  in  this 
constitution,  shall  have  appellate  jurisdiction  only,  which  shall  be 
coextensive  with  the  State,  under  such  restrictions  and  regulations, 
not  repugnant  to  this  constitution,  as  ma3%  from  time  to  time,  be  pre- 
scribed Jby  law:  Provided^  That  the  said  court  shall  always  have 
power  to  issue  writs  of  injunction,  mandamns,  quo  warranto^  habeas 
corpus,  and  such  other  original  and  remedial  writs  as  may  be  neces- 
sary to  give  it  a  general  superintendence  and  control  of  all  other 
courts. 


Florida— 1865  693 

Sec.  3.  The  supreme  court  shall  be  holdeii  at  such  times  and  places 
as  may  be  prescribed  by  law;  and  two  judges  of  the  circuit  court 
maj^  be  added  to  the  supreme  court,  when  in  session,  at  the  discretion 
of  the  legislature;  and  the  court  so  composed  shall  constitute  the 
supreme  court  of  the  State,  when  the  legislature  shall  so  direct. 

Sec.  4.  The  State  shall  be  divided  into  convenient  circuits;  and  for 
each  circuit  there  shall  be  a  judge,  who  shall,  after  his  election  or 
appointment,  reside  in  the  circuit  for  which  he  has  been  elected  or 
appointed;  and  shall,  as  well  as  justices  of  the  supreme  court,  receive 
for  his  services  a  salary  of  not  less  than  twenty-five  hundred  dollars 
per  annum,  which  shall  not  be  diminished  during  his  continuance  in 
office;  but  the  judges  shall  receive  no  fees,  perquisites  of  office,  nor 
hold  any  other  office  of  profit  under  the  State,  the  United  States,  or 
any  other  power. 

Sec.  5.  The  circuit  court  shall  have  original  jurisdiction  in  all  mat- 
ters, civil  and  criminal,  not  otherwise  excepted  in  this  constitution. 

Sec.  6.  A  circuit  court  shall  be  held  in  such  counties,  and  at  such 
times  and  places  therein,  as  may  be  prescribed  by  law ;  and  the  judges 
of  the  several  circuit  courts  may  hold  courts  for  each  other,  either 
for  the  entire  circuit,  or  for  a  portion  thereof,  and  they  shall  do  so 
when  required,  by  order  of  the  governor  or  chief-justice  of  the  su- 
preme court;  and  they  may  exercise  jurisdiction  in  cases  of  writs  of 
habeas  corpus  in  any  judicial  circuit  in  which  the  judge  may  happen 
to  be  at  the  time  the  case  arises. 

Sec.  7.  The  general  assembly  shall  have  power  to  establish  and 
organize  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. 

Sec.  8.  There  shall  be  elected  in  each  count}^  of  this  State,  by  the 
qualified  voters,  an  officer  to  be  styled  the  judge  of  probate,  to  take 
probate  of  wills,  to  grant  letters  testamentary,  of  administration  and 
guardianship,  to  attend  to  the  settlement  of  the  estates  of  decedents  and 
minors,  and  to  discharge  the  duties  usually  appertaining  to  courts  of 
ordinary,  and  such  other  duties  as  may  be  required  by  law ;  subject 
to  the  direction  and  supervision  of  the  circuit  courts,  as  may  be  pro- 
vided by  law. 

Sec.  9.  A  competent  number  of  justices  of  the  peace  shall  be  from 
time  to  time  elected  in  and  for  each  county,  in  such  mode,  and  for 
such  term  of  office,  as  the  general  assembly  may  direct,  and  shall 
possess  such  jurisdiction  as  may  be  prescribed  by  law;  and  in  cases 
tried  before  a  justice  of  the  jeace,  the  right  of  appeal  shall  be  secured 
under  such  rules  and  regulations  as  may  be  prescribed  by  law. 

Sec.  10.  There  shall  be  appointed  by  the  governor,  1)V  and  with  the 
advice  and  consent  of  the  senate,  a  chief-justice  and  two  associate 
justices  of  the  supreme  court  of  this  State,  who  sliall  reside  in  this 
State,  and  hold  their  office  for  the  term  ^f  six  years  from  their 
appointment  and  confirmation,  unless  sooner  removed  under  the  pro- 
visions of  this  constitution,  for  the  removal  of  judges  by  address  or 
impeachment ;  and  for  wilful  neglect  of  duty,  or  other  reasonable 
cause,  which  shall  not  be  sufficient  ground  for  imj^eachment.  the  gov- 
ernor shall  remove  any  of  them  on  the  address  of  two-thirds  of  the 
general  assembly:  Pro>nded^  howcrcr.  That  the  cause  or  causes  shall 
be  notified  to  the  jiulge  so  intended  to  l)e  removed,  and  he  shall  be 
admitted  to  a  hearing  in  his  own  defence,  before  any  vote  for  such 


694  Florida— 1865 

removal  shall  pass,  and  in  such  case  the  vote  shall  be  taken  by  yeas 
and  nays,  and  entered  on  the  journal  of  each  house  respectively,  and 
in  case  of  the  ap])ointment  to  fill  a  vacancy  in  said  offices,  the  person 
so  appointed  shall  only  hold  office  for  the  unexpired  term  of  his  pred- 
decessor. 

Sec.  11.  There  shall  be  elected,  at  the  time  and  places  prescribed  by 
law,  by  the  qualified  electors  of  each  of  the  respective  judicial  circuits 
of  this  State,  one  judge  of  the  circuit  court,  who  shall  reside  in  the  cir- 
cuit for  which  he  may  be  elected,  and  the  said  circuit  judges  shall  con- 
tinue in  office  for  the  term  of  six  years  from  the  date  of  their  respective 
elections,  unless  sooner  removed,  under  the  provisions  in  this  constitu- 
tion for  the  removal  of  judges  by  address  or  impeachment;  and  for 
wilful  neglect  of  duty,  or  other  reasonable  cause,  which  shall  not  be 
sufficient  for  impeachment,  the  goA^ernor  shall  remove  any  of  them,  on 
the  address  of  two-thirds  of  the  general  assembl}^'  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  such  judge  so  intended  to  be 
removed,  and  he  shall  be  admitted  to  a  hearing  in  his  own  defence 
before  any  vote  or  votes  for  such  removal  shall  pass ;  and  in  such  cases 
the  vote  shall  be  taken  by  yeas  and  nays,  and  entered  on  the  journals 
of  each  house  respectively. 

Sec.  12.  The  appointment  of  chief -justice  and  associate  justices  of 
the  supreme  court  shall  be  made  every  sixth  year  after  their  first 
appointment,  and  the  election  of  judges  of  the  circuit  court,  and 
judges  or  chancellors  of  the  chancery  court,  when  established,  shall  be 
held  in  every  sixth  year  after  their  first  elections,  at  the  same  time  and 
places  as  the  elections  for  members  of  the  general  assembly. 

Sec.  13.  That  wdienever  the  general  assembh^  shall  create  a  chancery 
court,  under  the  provisions  of  this  constitution,  the  judges  thereof 
shall  be  elected  in  the  manner  provided  in  the  last  two  sections  of  this 
article,  and  shall  hold  their  offices  and  be  subject  to  all  the  provisions 
of  said  sections:  Provided,  however,  That  the  said  judges  shall  be 
elected  by  general  ticket  or  by  districts,  as  the  general  assembly  may 
direct. 

Sec.  14.  That  should  a  vacancy  occur  either  in  the  chancery  or  cir- 
cuit courts,  by  death,  removal,  resignation,  or  otherwise,  it  shall  be 
the  duty  of  the  governor  to  issue  a  Avrit  of  election  to  fill  such  vacancy, 
and  he  shall  give  at  least  sixty  days'  notice  thereof  by  proclamation; 
and  the  judge  so  elected  to  fill  such  vacancy  shall  continue  in  office 
from  the  time  he  qualifies  under  his  commission  until  the  expiration 
of  the  term  of  his  predecessor:  Provided,  hoivever,  That  should  it 
become  necessarj^  to  fill  any  such  vacancy  before  an  election  can  be 
held  under  the  provisions  of  this  constitution,  the  governor  shall 
have  power  to  fill  such  vacancy  by  appointment,  and  the  person  so 
appointed  shall  hold  his  office  from  the  date  of  his  commission  until 
his  successor  shall  be  duly  elected  and  qualified. 

Sec.  15.  The  clerks  of  the  circuit  courts  of  the  several  circuits  of 
this  State  shall  be  elected  by  the  qualified  voters  in  their  several  coun- 
ties at  such  times  and  places  as  are  now  or  may  be  provided  by  law : 
Provided,  hoivever.  That  the  chief-justice  of  the  supreme  court  and 
the  chancellors  of  the  court  of  chancery,  when  such  courts  shall  be 
established,  shall  have  the  power  to  appoint  the  clerks  of  their  respec- 
tive courts. 


Florida— 186S  695 

Sec.  16.  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. 

Sec.  it.  The  style  of  all  j^rocess  shall  be  "  The  State  of  Florida;  " 
and  all  criminal  ])rosecutions  shall  be  carried  on  in  the  name  of  the 
State,  and  all  indictments  shall  conclude,  "  against  the  peace  and 
dignity  of  the  same." 

Sec.  18.  There  shall  be  an  attorney-general  for  the  State,  -who  shall 
reside  at  the  seat  of  government,  and  he  shall  perform  such  duties  as 
may  be  prescribed  In-  law ;  he  shall  be  elected  by  the  qualified  voters 
of  the  State,  at  the  same  time  and  in  the  same  manner  that  the  comp- 
troller, secretary  of  state,  and  treasurer  are  elected,  and  his  term  of 
office  shall  be  the  same;  but  he  may  be  removed  by  the  governor,  on 
the  address  of  a  majorit}^  of  the  two  hovises  of  the  general  assembly, 
and  shall  receive  for  his  services  a  compensation  to  be  fixed  by  law. 

Sec.  19.  There  shall  be  one  solicitor  for  each  circuit,  who  shall 
reside  therein,  to  be  elected  by  the  qualified  electors  of  the  circuit,  who 
shall  hold  his  office  for  the  term  of  four  j^ears,  and  shall  receive  for 
his  services  a  compensation  to  be  fixed  l^y  law. 

Sec.  20.  No  justice  of  the  supreme  court  shall  sit  as  a  judge,  or  take 
part  in  the  appellate  court  on  the  trial  or  hearing  of  an}^  case  wdiich 
shall  have  been  decided  by  him  in  the  court  below. 

Sec.  21.  The  general  assembly  shall  have  power  to  establish  in  each 
county  a  board  of  commissioners,  for  the  regulation  of  the  county 
business  therein. 

Sec.  22.  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,  except  in  cases  otherwise  provided  for  in  this 
constitution. 

Article  VI 
the  right  or  suffrage — civil  officers 

Section  1.  Every  free  white  male  person  of  the  age  of  tAventy-one 
years  and  upwards,  and  who  shall  be,  at  the  time  of  offering  to  vote,  a 
citizen  of  the  United  States,  and  Avho  shall  have  resided  and  had  his 
habitation,  domicile,  home,  and  place  of  i)ermanent  al)()de  in  Florida, 
for  one  year  next  preceding  the  election  at  which  he  shall  offer  to 
vote,  and  who  shall,  at  such  time,  and  for  six  months  innnediately 
preceding  said  time,  have  had  his  habitation,  domicile,  and  place  of 
permanent  abode  in  the  county  in  which  he  may  offer  to  vote,  shall 
be  deemed  a  qualified  elector  at  all  elections  under  the  constitution, 
and  none  others;  except  in  elections  b}^  general  ticket  in  the  State  or 
district  prescribed  by  law,  in  which  cases  the  elector  must  have  been 
a  resident  of  the  State  one  year  next  preceding  the  election,  and  six 
months  within  the  elective  district  in  Avhicli  he  offers  to  vote:  Pro- 
videdf  That  no  officer,  soldier,  seaman,  or  marine  in  the  Kegular 
i\.rmy  or  Nav}^  of  the  United  States,  or  any  other  person  in  the 
enqilov  or  pay  of  the  United  States,  unless  he  be  a  qualified  elector 
of  the  State  previous  to  his  appointment  or  enlistment  as  such  officer, 
soldier,  seaman,  or  marine  in  the  Kegular  Army  or  Navy  of  the 
TTnited  States,  or  of  the  revenue  sei'vice,  shall  be  considered  a  resident 
of  the  State  in  consequence  of  being  stationed  within  the  same. 


696  FhrHh—1865 

Sec.  2.  The  general  asseml)ly  shall  liave  power  to  exclude  from 
every  office  of  honor,  trust,  or  ])ro(it  within  tlic  State,  and  from  the 
riii'ht  of  suflFraiife,  all  persons  convicted  of  bribery,  perjury,  or  other 
infamous  crime. 

Sec.  3.  No  person  shall  be  capable  of  holding  or  beino-  elected  to 
any  post  of  honor,  profit,  trust,  or  emolument,  civil  or  military,  legis- 
lative, executive,  or  judicial,  under  the  government  of  this  State,  Avho 
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  knowingly  the 
bearer  of  such  challenge  or  acceptance,  whether  the  same  occur  or  be 
committed  in  or  out  of  the  State ;  but  the  legal  disability  shall  not 
accrue  until  after  trial  and  conviction,  according  to  due  form  of  law. 

Sec.  4.  No  person  who  may  hereafter  be  a  collector  or  holder  of 
public  moneys  shall  have  a  seat  in  either  house  of  the  general  as- 
sembly, 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. 

Sec.  5.  No  governor,  member  of  Congress,  or  of  the  general  as- 
sembly 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. 

Sec.  6.  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  emolu- 
ments of  Avhich  shall  have  been  increased,  during  such  term,  except 
such  offices  as  may  be  filled  by  elections  by  the  j^eople. 

Sec.  T.  Members  of  the  general  assembly,  and  all  officers,  civil  or 
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  constitution  of  this 
State,  to  exercise  the  office  to  which  I  have  been  elected,  (or  ap- 
pointed,) and  will,  to  the  best  of  my  abilities,  discharge  the  duties 
thereof,  and  i)reserve,  protect,  and  defend  the  constitution  of  this 
State,  and  of  the  United  States  of  America." 

Sec.  8.  Every  person  shall  be  disqualified  from  serving  as  gov- 
ernor, senator,  representative,  or  from  holding  any  other  office  of 
honor  or  profit  in  this  State,  for  the  term  for  which  he  shall  have 
been  elected,  who  shall  have  been  convicted  of  having  given  or  offered 
any  bribe  to  procure  his  election. 

Sec.  9.  Laws  shall  be  made  by  the  general  assembly  to  exclude 
from  office,  and  from  suffrage,  those  who  shall  have  been,  or  may 
hereafter  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. 

Sec.  10.  All  civil  officers  of  the  State  at  large  shall  reside  within 
the  State,  and  all  district  or  county  officers  within  their  respective 
districts  or  counties,  and  shall  keep  their  respective  offices  at  such 
places  therein  as  may  be  required  by  law. 

Sec.  11.  It  shall  be  the  duty  of  the  general  assembly  to  regulate 


Florida— 1865  697 

by  law  in  what  cases  and  what  deduction  from  the  salaries  of  public 
officers  shall  be  made  for  any  neglect  of  dut}^  in  their  official  capacity. 

Sec.  12.  Returns  of  elections  for  members  of  Conoress  and  the  gen- 
eral assembly  shall  be  made  to  the  secretary  of  state,  in  manner  to 
be  prescribed  by  law. 

Sec.  13.  In  all  elections  of  the  general  assembly  the  vote  shall  be 
viva  voce^  and  in  all  elections  bv  the  people  the  vote  shall  be  bv 
l)allot. 

Sec.  14.  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  assembh'  of  this 
State,  or  hold  or  exercise  any  office  of  profit  under  the  State;  and 
no  i^erson  in  this  State  shall  ever  hold  tAvo  offices  of  profit  at  the  same 
time,  except  the  office  of  justice  of  the  peace,  notary  public,  constable, 
and  militia  officers,  except  by  special  act  of  the  legislature;  but  the 
legislature  shall  never  miite  in  the  same  person  tAvo  offices  the  duties 
of  which  are  incompatible. 

Sec.  15.  The  general  assembly  shall,  by  law,  provide  for  the  ap- 
l)ointment  or  election,  antl  removal  from  office,  of  all  officers,  civil  and 
military,  in  this  State,  not  provided  for  in  this  constitution. 

Sec.  16.  The  power  of  impeachment  shall  be  vested  in  the  house 
of  representatives. 

Sec.  17.  All  impeachments  shall  be  tried  by  the  senate;  when  sit- 
ting for  that  i)urpose  the  senators  shall  be  upon  oath  or  affirmation; 
ancl  no  person  shall  be  convicted  without  the  concurrence  of  two- 
lliirds  of  the  members  present. 

Sec.  18.  The  governor  and  all  civil  officers  shall  be  liable  to  im- 
l)eachment  for  any  misdemeanor  in  office,  but  judgment  in  such 
cases  shall  not  extend  further  than  to  removal  from  office  and  dis- 
qualification to  hold  any  office  of  honor,  trust,  or  profit  under  this 
State;  but  the  parties  nevertheless  shall  be  liable  to  indictment, 
trial,  and  punishment  according  to  law. 

Article  VII 

Se(;tion  1.  All  militia  officers  shall  be  elected  or  appointed,  under 
such  rules  and  regulations  as  the  general  assembly  may  from  time 
to  time  direct  and  establish. 

Sec.  2.  All  offences  against  the  militia  law  shall  be  tried  by  court- 
martial,  or  before  a  court  and  jury,  as  the  general  assembly  may 
direct. 

Sec.  3.  Xo  commission  sliall  be  \:icated  except  l)v  sentence  of  a 
court-martial. 

AlJTKLE     \'III 
TAXATION    AND    REVENUE 

Section  1.  The  general  assembly  shall  advise  and  adopt  a  system 
of  revenue,  having  regard  to  an  equal  and  uniform  mode  of  taxation 
throughout  the  State. 

Sec.  2.  No  other  or  greater  amount  of  tax  or  iv\enue  shall  at  muv 


698  Florida— 1865 

time  be  levied  that  may  be  required  for  the  necessary  expenses  of  the 
government. 

Sec.  3.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  an  appropriation  by  law,  and  a  regular  statement  of  the 
receipts  and  exi)en(litures  of  all  public  moneys  shall  be  published  and 
promulgated  annually  with  the  laAvs  of  the  general  assembly. 

Sec.  4.  The  general  assembl}''  shall  have  poAver  to  authorize  the 
several  counties  and  incorporated  towns  in  this  State  to  impose  taxes 
for  county  and  corporation  purposes,  respectively,  and  all  property 
shall  be  taxed  upon  the  principles  established  in  regard  to  State 
taxation. 

Sec.  5.  The  general  assembly  shall  have  power  to  authorize  the 
levying  of  a  capitation  tax. 

Article  IX 

CENSUS    AND    APPORTIONMENT   OF    REPRESENTATION 

Section  1.  The  general  assembly  shall,  in  the  year  one  thousand 
eight  hundred  and  sixty-seven,  and  in  the  year  one  thousand  eight 
hundred  and  seventy-five,  and  every  tenth  year  thereafter,  cause  an 
enumeration  to  be  made  of  all  the  inhabitants  of  the  State;  and  to 
the  whole  number  of  white  inhabitants  shall  be  added  three-fifths  of 
the  number  of  colored  people;  and  they  shall  then  proceed  to  ap- 
portion the  representation  equally  among  the  different  counties, 
according  to  such  enumeration,  giving,  however,  one  representative 
to  every  county,  and  increasing  the  number  of  representatiA^es  on  a 
uniform  ratio  of  population,  according  to  the  foregoing  basis,  and 
which  ratio  shall  not  be  changed  until  a  new  census  shall  have  been 
taken. 

Sec.  2.  The  general  assembl}^  shall  also,  after  every  such  enumera- 
tion, proceed  to  fix  by  law  the  number  of  senators  which  shall  con- 
stitute the  senate  of  the  State  of  Florida,  and  which  shall  never  be  less 
than  one-fourth  nor  more  than  one-half  of  the  whole  number  of  the 
house  of  representatives;  and  they  shall  lay  off  the  State  into  the 
same  number  of  senatorial  districts,  as  nearly  equal  in  the  number 
of  inhabitants  as  may  be,  according  to  the  ratio  of  representation 
established  in  the  preceding  section,  each  of  Avhich  districts  shall  be 
entitled  to  one  senator. 

Sec.  3.  When  any  senatorial  district  shall  be  composed  of  two  or 
more  counties,  the  counties  of  which  such  district  consists  shall  not 
be  entirely  separated  by  any  county  belonging  to  another  district, 
and  no  county  shall  be  divided  in  forming  a  district. 

Sec.  4.  No  county  now  organized  shall  be  divided  into  new  counties, 
so  as  to  reduce  the  inhabitants  of  either  below  the  ratio  of  representa- 
tion. 

Sec.  5.  The  several  counties  of  this  State  shall  be  entitled  to  the 
following  representatives,  viz :  Escambia  three,  Santa  Rosa  two, 
Walton  two.  Holmes  one,  Washington  one,  Calhoun  one,  Franklin 
one,  Jackson  four,  Gadsden  three,  Leon  four,  Wakulla  one.  Liberty 
one,  Jefferson  three,  Madison  two,  Hamilton  two,  La  Fayette  one, 
Taylor  one,  Suwannee  one,  Columbia  tAvo.  Baker  one.  Bradford  one, 
Alachua  two,  Nassau  one,  DuA^al  two.  Clay  one.  Saint  John's  one, 
Putnam  one,  Marion  tAvo,  Sumter  one,  Orange  one,  Volusia  one, 


Florida— 1865  699 

Brevard  one,  Levy  one,  Hernando  one,  IlilLsborongh  one,  Manatee 
one,  jNIonroe  one,  Dade  one,  and  Polk  one.  There  shall  be  twenty- 
nine  senatorial  districts  in  this  State,  which  shall  be  as  follows:  The 
county  of  Escambia  shall  compose  the  first  district;  the  county  of 
Santa  Rosa  shall  compose  the  second  district;  the  county  of  AValton 
shall  compose  the  third  district;  the  counties  of  Wasliiniilon  and 
Holmes  shall  compose  the  fourth  district;  the  county  of  Franklin 
shall  com])ose  the  hfth  district;  the  county  of  Calhoun  shall  compose 
the  sixth  district;  the  county  of  Jackson  shall  compose  the  seventh 
district ;  the  county  of  Gadsden  shall  compose  the  eighth  district ; 
the  county  of  Liberty  shall  compose  the  ninth  district ;  the  county  of 
Leon  shall  compose  the  tenth  district;  the  county  of  Wakulla  shall 
compose  the  eleventh  district ;  the  county  of  Jefferson  shall  compose 
the  twelfth  district;  the  county  of  jNIadison  shall  compose  the 
tliirteenth  district;  the  county  of  Hamilton  shall  compose  tlie  four- 
teenth district;  the  counties  of  La  Fayette  and  Taylor  shall  compose 
the  lifte(>nth  district;  the  count}^  of  Columbia  shall  compose  the 
sixteenth  district ;  the  count}^  of  Suwannee  shall  compose  the  seven- 
teenth district;  the  counties  of  Baker  and  Bradford  shall  compose 
the  eighteenth  district;  the  county  of  Alachua  shall  compose  the 
nineteenth  district;  the  county  of  Nassau  shall  compose  the  twentieth 
district ;  the  counties  of  Duval  and  Clay  shall  compose  the  twenty- 
first  district;  the  counties  of  Saint  John's  and  l^itnam  shall  compose 
the  twenty-second  district ;  the  county  of  JNIarion  shall  compose  the 
twenty-third  district;  the  county  of  Sumter  shall  com[)ose  the  twenty- 
fourth  district;  the  counties  of  Orange  and  Volusia  shall  compose  the 
twenty-fifth  district;  the  counties  of  Levy  and  Hernando  shall  com- 
pose the  twenty-sixth  district;  the  counties  of  Hillsborough  and 
Manatee  shall  compose  the  twenty-seventh  district;  the  counties  of 
Polk  and  Brevard  shall  compose  the  twenty-eighth  district;  and  the 
counties  of  jSIonroe  and  Dale  shall  compose  the  twenty-ninth  district; 
and  each  senatorial  district  shall  be  entitled  to  one  senator. 

Article  X 

EDUCATION 

Sec;tion  1.  The  proceeds  of  all  lands  for  the  use  of  schools  and  a 
seminary  or  seminaries  of  learning  shall  be  and  remain  a  perpetual 
fund,  the  interest  of  which,  together  with  all  moneys  accrued  from 
any  other  source,  applicable  to  the  same  object,  shall  be  inviolably 
appropriated  to  the  use  of  schools  and  seminaries  of  learning  respec- 
tively, and  to  no  other  purj)ose. 

Sec.  2.  The  general  assembly  shall  take  such  measures  as  may 
be  necessary  to  ])reserve  froui  waste  or  damage  all  lands  so  granted 
and  appropriated  for  the  purpose  of  education. 

Article  XI 

public;  DOMAIX  AND  INTERNAL  I-AIPROVEMENT 

Section  1.  It  shall  be  the  duty  of  the  general  assembly  to  pro- 
vide for  the  ])revention  of  waste  and  dauiage  of  the  i)ublic  lands, 
that  may  hereafter  be  ceded  to  the  State  of  Florida,  and  it  may  pass 


700  Florida— 1865 

laws  for  the  sale  of  imy  part  or  portion  thereof,  and,  in  such  cases, 
l^rovide  for  the  safety,  security,  and  appropi'iation  of  the  proceeds, 
but  in  no  wise  to  affect  the  ])urposes  for  which  said  lands  have  here- 
tofore been  appropriated. 

Sec.  2.  A  liberal  s^'steni  of  internal  improvements,  being  essential 
to  the  development  of  the  resources  of  the  State,  shall  be  encouraged 
by  the  government  of  this  State;  and  it  shall  be  the  duty  of  the  gen- 
eral assembW,  as  soon  as  practicable,  to  ascertain  by  law  pro]:>er 
objects  for  the  extension  of  internal  improvements,  in  relation  to 
roads,  caiials,  and  navigable  streams,  and  to  provide  for  a  suitable 
application  of  such  funds  as  may  have  been,  or  may  hereafter  be, 
appropriated  by  said  general  assembh''  for  such  improvements. 

Sec.  3.  That  the  general  assembly  may  at  any  time  cede  to  the 
United  States  Government  a  sufficient  j^arcel  or  fraction  of  land  for 
the  purj^ose  of  coast  defence  and  other  national  purposes. 

Article  XII 

BOUNDARIES 

Section  1.  The  boundary  of  the  State  of  Florida  shall  be  as  fol- 
lows: Commencing  at  the  mouth  of  the  river  Perdido.  from  thence 
up  the  middle  of  said  river  to  where  it  intersects  the  southern  bound- 
ary-line of  the  State  of  Alabama,  on  the  thirty-first  degree  of  north 
latitude ;  then  due  east  to  the  Chattahoochee  river ;  thence  down  the 
middle  of  said  river  to  its  confluence  with  the  Flint  River;  from 
thence  straight  to  the  head  of  the  Saint  Mary's  Eiver;  thence  down 
the  middle  of  said  river  to  the  Atlantic  Ocean;  thence  southwardly 
to  the  Gulf  of  Florida  and  Gulf  of  Mexico;  thence  northwardly  and 
westwardly,  including  all  islands  within  five  leagues  of  the  shore,  to 
the  beginning. 

Article  XIII 

BANKS   AND   OTHER    CORPORATIONS 

Section  1.  The  general  assembly  shall  pass  no  act  of  incorpora- 
tion, nor  make  any  alteration  in  one,  unless  with  the  assent  of  at 
least  two-thirds  of  each  house,  and  unless  public  notice  in  one  or 
more  newspapers  in  the  State  shall  have  been  given  for  at  least  three 
months  immediately  preceding  the  session  at  which  the  same  may  be 
applied  for. 

Sec.  2.  No  bank-charter,  nor  any  act  of  incorporation  granting 
exclusive  privileges,  shall  be  granted  for  a  longer  period  than  twenty 
3"ears. 

Sec.  3.  Banks  chartered  by  the  general  assembly  shall  be  restricted 
to  the  business  of  exchange,  discount,  and  deposit,  and  they  shall  not 
deal  in  real  estate,  nor  in  merchandise  or  chattels,  except  as  security 
for  loans  or  discounts,  or  for  debts  due  to  such  bank ;  nor  shall  they 
be  concerned  in  insurance,  manufacturing,  exportation,  or  importa- 
tion, except  of  bullion  or  specie;  nor  shall  they  own  real  estate  or 
chattels,  except  such  as  shall  be  necessary  for  their  actual  use  in  the 
transaction  of  business,  or  which  may  be  received  in  payment  of 
previously-contracted  debts,  or  purchased  at  legal  sales  to  satisfy 


Florida— 1865  701 

such  debts,  of  which  they  shall  be  required  to  make  sale  within  three 
years  after  the  acquisition  thereof. 

Sec.  4.  The  capital  stock  of  anj^  bank  shall  not  be  less  than  one 
hundred  thousand  dollars,  to  be  paid  in  suitable  instalments,  and 
shall  be  created  only  by  the  paj'ment  of  specie  therein. 

Sec.  5.  All  liabilities  of  such  banks  shall  be  payable  in  specie,  and 
the  circulation  of  no  bank  shall  exceed  three  dollars  for  one  of  capital 
actually  paid  in. 

Sec.  6.  No  dividends  or  profits  exceeding  ten  per  centum  per 
annum  on  the  capital  stock  paid  in  shall  be  made;  but  all  profits 
over  ten  per  centum  per  annum  shall  be  set  apart  and  retained  as  a 
safety  fund. 

Sec.  T.  Stockholders  in  a  bank,  when  an  act  of  forfeiture  is  com- 
mitted, or  when  it  is  dissolved  or  has  expired,  shall  be  individually 
and  severalh'  liable  for  the  redemption  of  the  outstanding  circula- 
tion, in  proportion  to  the  stock  owned  by  each;  and  no  transfer  of 
stock  shall  exonerate  such  stockholders  from  this  liability,  unless 
such  transfer  was  made  at  least  two  years  previous  to  said  forfeiture, 
dissolution,  or  expiration. 

Sec.  8.  Banks  shall  be  open  to  inspection,  under  such  regulations 
as  may  be  prescribed  by  law ;  and  it  shall  be  the  duty  of  the  governor 
to  appoint  a  person  or  persons,  not  connected  in  any  manner  with  any 
bank  in  the  State,  to  examine  at  least  once  a  year  into  their  state  and 
condition  ;  and  the  officers  of  every  bank  shall  make  quarterly  returns, 
under  oath,  to  the  governor  of  its  state  and  condition,  and  the  names 
of  the  stockholders,  and  shares  held  by  each. 

Sec.  9.  Non-user  for  the  space  of  one  .year,  or  any  act  of  a  cor- 
])oration,  or  those  having  the  control  or  management  thereof,  or  in- 
trusted therewith,  inconsistent  with  or  in  violation  of  the  provisions 
of  this  constitution  or  of  its  charter,  shall  cause  its  forfeiture,  and 
the  general  assembh^  shall  by  general  law  provide  a  summary  process 
for  the  sequestration  of  its  effects  and  assets,  and  the  appointment  of 
officers  to  settle  its  affairs;  and  no  forfeited  charter  shall  be  restored. 

Sec.  10.  The  general  assembly  shall  not  pledge  the  faith  and  credit 
of  the  State  to  raise  funds  in  the  aid  of  any  corporation  whatever. 

ARTicr.E  XIV 

AMENDMENTS    AND    REVISIONS    OF    THE    CONSTITUTION 

Section  1.  No  part  of  this  constitution  shall  be  altered  except  by 
a  convention  duly  elected. 

Sec  2.  No  convention  of  the  people  shall  be  called  unless  by  the 
concurrence  of  two-thirds  of  all  the  members  of  each  house  of  the 
general  assembly,  made  known  by  the  passing  of  a  bill,  which  shall 
be  read  three  times  on  three  several  days  in  each  house. 

Sec.  3.  AVhenever  a  convention  shall  l)e  called,  ])roclamation  of  an 
election  for  delegates  shall  be  made  by  the  governor  at  least  thirty 
da3^s  before  the  day  of  election.  Every  county  and  senatorial  district 
shall  be  entitled  to  as  many  delegates  as  it  has  representatives  in  the 
general  assembly.  The  same  qualifications  shall  be  required  in  dele- 
gates and  in  electors  that  are  required  in  members  of  the  general 
assembly,  and  voters  for  the  same  respectively:  and  the  elections  for 
delegates  to  a  convention,  and  the  returns  of  such  election,  shall  be 
TlTiX — VOL  1 — 07 47 


702  Florida— 1865 

held  and  made  in  the  manner  prescribed  by  law  for  regulating  elec- 
tions for  members  of  the  general  assembly,  but  the  convention  shall 
judge  of  the  qualifications  of  its  members. 

Article  XV 

SEAT   OF   GOVERNMENT 

The  seat  of  government  shall  be  and  remain  permanent  at  the  city 
of  Tallahassee,  until  otherwise  provided  for  by  the  action  of  a  con- 
vention of  the  people  of  the  State. 

Article  XVI 

GENERAIi    PROVISIONS 

Section  1.  "\Aliereas  slavery  has  been  destroyed  in  this  State  by 
the  Government  of  the  United  States,  therefore  neither  slavery  nor 
involuntary  servitude  shall  in  future  exist  in  this  State,  except  as  a 
punishment  for  crimes  whereof  the  party  shall  have  been  convicted 
by  the  courts  of  the  State ;  and  all  the  inhabitants  of  the  State,  Avith- 
out  distinction  of  color,  are  free,  and  shall  enjoy  the  rights  of  person 
and  property,  Avithout  distinction  of  color. 

Sec.  2.  In  all  criminal  proceedings  founded  upon  injury  to  a  col- 
ored person,  and  in  all  cases  affecting  the  rights  and  remedies  of 
colored  persons,  no  person  shall  l>e  incompetent  to  testify  as  a  wit- 
ness on  account  of  color;  in  all  other  cases,  the  testimony  of  colored 
persons  shall  be  excluded,  unless  made  competent  by  future  legisla- 
tion.    The  jury  shall  judge  of  the  credibility  of  the  testimony. 

Sec.  3.  The  jurors  of  this  State  shall  be  white  men,  possessed  of 
such  qualifications  as  may  l)e  prescribed  by  laAv, 

Sec.  4.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
Xo  person  shall  be  convicted  of  treason  unless  on  the  testimony  of 
tAvo  witnesses  to  the  same  overt  act,  or  his  confession  in  open  court. 

Sec.  5.  Divorces  from  the  bonds  of  matrimony  shall  not  l»e  allowed 
but  by  the  judgment  of  a  court,  as  shall  be  prescribed  by  law. 

Sec.  6.  The  general  assembly  shall  declare  b}^  law  what  parts  of 
the  common  laAV  and  Avhat  parts  of  the  civil  laAV,  not  inconsistent  with 
this  constitution,  shall  be  in  force  in  this  State. 

Sec.  T.  The  oaths  of  officers  directed  to  be  taken  under  this  consti- 
tution may  be  administered  by  any  judge  or  justice  of  the  peace  in 
the  State  of  Florida  until  otherwise  provided  by  law. 

Article  XVII 

schedule  and  ordinance. 

Section  1.  All  laws  of  the  State  passed  during  and  since  the  tenth 
session  of  the  legislature  thereof,  in  18G0,  not  repugnant  to  the  con- 
stitution of  this  State  or  of  the  United  States,  shall  be  valid;  all 
writs,  actions,  prosecutions,  judgments,  and  decrees  of  the  courts  of 
the  State,  all  executions  and  sales  made  thereunder,  and  all  acts, 
orders,  and  proceedings  of  the  judges  of  probate,  and  of  executors. 


Florida— 1865  703 

Mdministrators,  f;:nardians,  and  trustees,  provided  the}'  were  in  con- 
formity to  the  laws  then  in  force,  and  not  fraudulent,  shall  be  as 
valid  as  if  made  under  the  usual  and  ordinary  leoislation  of  the 
country,  provided  that  the  same  be  not  repugnant  to  the  constitution 
of  the  State  and  of  the  United  States. 

Sec.  2.  All  fines,  penalties,  forfeitures,  obligations,  and  escheats 
heretofore  accruing  to  the  State  of  Florida,  and  not  made  unlawful 
by  the  constitution  or  laws  of  the  United  States,  shall  continue  to 
accrue  to  the  use  of  the  State. 

Sec.  3.  All  recognizances  heretofore  taken  shall  remain  valid,  and 
all  bonds  executed  to  the  governor  of  the  State  of  Florida,  either  be- 
fore or  since  the  1st  day  of  January.  18()1,  or  to  any  other  officer  of 
the  State  in  his  official  capacity',  shall  be  of  full  force  and  virtue  for 
the  uses  therein  respectively  expressed,  and  maj'^  be  sued  for  and 
recovered  accordingly;  and  all  criminal  prosecutions  and  penal  ac- 
tions which  have  arisen  may  be  prosecuted  to  judgment  and  execu- 
tion in  the  name  of  the  State. 

Sec.  4.  The  provisional  governor  of  this  State  is  hereby  requested 
to  authorize  the  civil  officers  of  this  State  Avho  Avere  discharging  the 
duties  of  their  offices  prior  to  or  during  the  month  of  May,  A.  D.  18G5, 
to  resume  the  exercise  of  the  functions  of  their  respective  offices,  and 
to  make  such  other  appointments  to  office  as  may  be  necessary  or 
proper  to  reorganize  or  reestablish  the  civil  government  of  this  State; 
and  all  actions  at  law  or  suits  in  chancery,  or  any  proceeding  pending 
in  any  of  the  courts  in  this  State  prior  to  or  during  the  said  month 
of  May,  A.  D.  18()5,  and  either  before  or  subsequent  to  the  10th  day  of 
January,  A.  D.  1861,  shall  continue  in  all  respects  valid,  and  may  be 
prosecuted  to  judgment  and  decree;  and  all  judgments  and  decrees 
rendered  in  civil  causes  in  any  of  the  courts  in  this  State  during  the 
period  of  time  last  above  specified,  and  not  repugnant  to  the  Consti- 
tution of  the  United  States,  are  hereby  declared  of  full  force,  validity, 
and  eifect. 

Sec.  5.  The  provisional  governor  of  the  State  is  hereby  requested 
and  authorized,  at  as  early  a  day  as  practicable,  to  issue  writs  of 
election  to  the  proper  officers  in  the  different  counties  in  this  State, 
and  make  proclamation  for  an  election  for  governor,  lieutenant-gov- 
ernor, secretary  of  state,  treasurer,  comptroller  of  public  accounts, 
attorney-general,  circuit  judges,  judge  of  probate,  sheriffs,  clerks  of 
circuit  courts,  solicitors.  Representative  in  Congress,  senators  and 
representatives  of  the  general  assembly,  county  commissioners,  cor- 
oners, justices  of  the  peace,  county  surveyors,  and  all  other  officers 
provided  for  bv  this  constitution.  The  said  election  shall  be  held  on 
the  2i)th  day  of  November,  A.  D.  1805.  The  said  election  shall  be 
conducted  according  to  the  existing  laws  of  the  State  of  Florida,  and 
shall  take  place  on  the  same  day  throughout  the  State,  the  returns  to 
be  made  according  to  laAv.  The  members  of  the  general  assembly',  so 
elected,  shall  assemble  on  the  3d  ^Monday  in  December,  A.  D.  1865. 
The  governor,  lieutenant-governor,  secretary  of  state,  treasurer,  comp- 
troller of  public  accounts,  attorney-general,  circuit  judges,  judges  of 
probate,  sheriffs,  clerks  of  circuit  courts,  solicitors.  Representative  in 
Congress,  senators  and  representatives  of  the  general  assembly,  county 
coMimissioners,  coroners,  justices  of  the  peace,  county  surveyors,  and 
all  other  officers  i)r()vided  for  by  this  constitution,  shall  enlcr  u|)on  tlu^ 
duties  of  their  respective  offices  innnediately  after  their  election,  and 


704  Florida— 1868 

shall  oontinne  in  office  in  the  same  manner  and  during  the  same  period 
they  would  have  done  had  they  been  elected  on  the  first  Monday  in 
October,  A.  D.  ISC);").  The  Kepresentative  in  Congress  shall  continue 
in  office  in  the  same  manner  and  during  the  same  period  he  would 
have  done  had  he  been  elected  on  the  first  Monday  in  October,  A.  D. 
1865. 

Sec.  G.  The  statutes  of  limitations  shall  not  be  pleaded  upon  any 
claim  in  the  hands  of  any  person  whomsoever,  not  sued  upon  when 
such  claim  was  not  barred  by  the  statutes  of  limitation  on  the  10th 
day  of  January,  1861. 

Sec.  7.  No  law  of  this  State  providing  that  claims  or  demands 
against  the  estates  of  decedents  shall  be  barred  if  not  presented  within 
two  years,  shall  be  considered  as  being  in  force  within  this  State 
between  the  10th  dav  of  January,  1861,  and  the  25th  day  of  October, 
1865. 

Done  in  open  convention.  In  witness  whereof  the  undersigned,  the 
president  of  said  convention,  and  delegates  present,  representing  the 
people  of  Florida,  do  hereby  sign  our  names  this  the  seventh  day  of 
November,  anno  Domini  eighteen  hundred  and  sixty-five,  and  of  the 
Independence  of  the  United  States  the  ninetieth  year,  and  the  secre- 
tary of  said  convention  doth  countersign  the  same. 

E.  D.  Tracy,  President. 

A.  J.  Peeler,  Secretary. 


CONSTITUTION  OF  FLORIDA— 1868  *  « 
preamble 

We  the  people  of  the  State  of  Florida,  grateful  to  Almighty  God  for 
our  freedom,  in  order  to  secure  its  blessings  and  form  a  more  per- 
fect government,  insuring  domestic  tranquillity,  maintaining  public 
order,  perpetuating  liberty,  and  guaranteeing  equal  civil  and  polit- 
ical rights  to  all,  clo  establish  this  constitution : 

Article  I 

DECLARATIOX    OF    RIGHTS 

Section  1.  All  men  are  by  nature  free  and  equah  and  have  certain 
inalienable  rights,  among  which  are  those  of  enjoying  and  defending 
life  and  liberty,  acquiring,  possessing,  and  protecting  property,  and 
pursuing  and  obtaining  safety  and  happiness. 

Sec.  2.  All  political  poAver  is  inherent  in  the  people.  Government 
is  instituted  for  the  protection,  security,  and  benefit  of  its  citizens, 

*  See  .Toui-nal  of  the  Proceedings  of  the  Constitutional  Convention  of  the  State 
of  Florida,  Begun  and  Held  at  the  Capitol,  at  Tallahassee,  on  Monday.  January 
20th,  1868.     Tallahassee:  EdNvard  M.  Cheney,  Printer,  1808.     pp.  134. 

o  This  constitution  was  framed  at  a  convention  held  inider  the  reconstruction 
laws  at  Tallahassee,  .January  20,  18<)8,  which  ignored  the  constitution  of  1805, 
and  completed  its  work  February  2."),  1808.  It  was  submitted  to  the  people  In 
May,  18G8,  and  ratified  by  14,520  votes  against  9,491  votes. 


Florida— 1868  705 

and  they  have  the  right  to  aher  or  amend  the  same  whenever  the 
public  good  may  require  it ;  but  the  paramount  allegiance  of  every 
citizen  is  due  to  the  Federal  Government,  and  no  j)ower  exists  Avith 
the  people  of  this  State  to  dissolve  its  connection  therewith. 

Sec.  3.  This  State  shall  ever  remain  a  member  of  the  American 
Union,  the  people  thereof  a  part  of  the  American  nation,  and  any 
attempt,  from  whatever  source,  or  upon  whatever  pretense,  to  dissolve 
said  Union,  or  to  sever  said  nation,  shall  be  resisted  with  the  whole 
jjower  of  the  State. 

Sec.  4.  The  right  of  trial  by  jury  shall  be  secured  to  all,  and  re- 
main inviolate  forever;  but  in  all  civil  cases  a  jury-trial  may  be 
waived  by  the  parties  in  the  manner  to  be  prescribed  by  law. 

Sec.  5.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship  shall  forever  be  allowed  in  this  State,  and  no  person  shall 
be  rendered  incompetent  as  a  witness  on  account  of  his  religious 
opinions;  but  the  liberty  of  conscience  hereb}^  secured  shall  not  be 
so  construed  as  to  justify  licentiousness,  or  practices  subversive  o-f  the 
l^eace  and  safety  of  the  State. 

Sec.  C.  The  privilege  of  the  writ  of  haheas  corpus  shall  not  be 
suspended,  unless  when,  in  case  of  invasion  or  rebellion,  the  public 
safety  may  require  its  suspension. 

Sec.  7.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  or  unusual  punishment  be  inflicted,  nor  shall 
witnesses  be  unreas(mably  detained. 

Sec.  8.  All  persons  shall  be  bailable  by  sufficient  sureties,  unless 
for  capital  offences,  when  the  proof  is  evident,  the  presumption  great. 

Sec.  9.  No  jjerson  shall  be  tried  for  a  capital  or  otherwise  infamous 
crime,  except  in  cases  of  impeachment,  and  in  cases  of  the  militia 
when  in  active  service  in  time  of  war,  or  which  the  State  may  keep, 
with  the  consent  of  Congress,  in  time  of  peace,  and  in  cases  of  petit 
larceny,  made  under  the  regulation  of  the  legislature,  unless  on  pre- 
sentment and  indictment  by  a  grand  jury;  and  in  any  trial  by  any 
court  the  party  accused  shall  be  allowed  to  appear  and  defend  in  per- 
son, and  with  counsel,  as  in  civil  actions.  No  person  shall  be  subject 
to  be  twice  put  in  jeopardy  for  the  same  offence,  nor  shall  be  com- 
pelled in  any  criminal  case  to  be  a  witness  against  himself,  nor  be 
deprived  of  life,  libertj?^,  or  property  without  due  process  of  law;  nor 
shall  j^rivate  property  be  taken  without  just  compensation. 

Sec.  10.  Every  citizen  ma}^  fully  speak  and  write  his  sentiments  on 
all  subjects,  being  responsible  for  the  abuse  of  that  right,  and  no  law 
shall  be  passed  to  restrain  or  abridge  the  liberty  of  sjieech  or  the 
press.  In  all  criminal  j)rosecutions  and  civil  actious  foi-  libel  the 
truth  may  be  given  in  evidence  to  the  jury,  and  if  it  shall  appear 
that  the  matter  charged  as  libellous  is  true,  but  was  jiublished  from 
good  motives,  the  party  shall  be  acquitted  or  exonerated. 

Sec.  11.  The  people  shall  have  the  right  to  assemble  together  to 
consult  for  the  common  good,  to  instruct  their  representatives,  and 
to  petition  the  legislature  for  redress  of  grievance. 

Sec.  12.  All  laws  of  a  general  nature  shall  have  a  uuiform 
operation. 

Sec.  13.  The  military  shall  be  subordinate  to  the  civil  ])()wer. 

Sec.  14.  No  soldier  shall,  in  time  of  peace,  be  quartered   in  any 


706  Florida— 1868 

house,  except  with  the  consent  of  the  owner,  nor  in  time  of  war, 
except  in  manner  prescribed  by  hiw. 

Sec.  15.  Re])resentatives  shall  be  apportioned  according  to  popula- 
tion, as  well  as  may  be,  but  no  county  shall  have  more  than  four 
representatives  and  less  than  one  i-epresentative  in  the  assembly. 

Sec.  1(5.  No  person  shall  be  imprisoned  for  debt,  except  in  case  of 
fraud. 

Sec.  17.  No  bill  of  attainder,  or  ex  post  facto  law,  impairing  the 
obligations  of  contracts,  shall  ever  be  passed. 

Sec  18.  Foreigners,  who  are,  or  who  may  hereafter  become,  hona- 
■fide  residents  of  the  State,  shall  enjoy  the  same  rights  in  respect  to 
possession,  enjoyment,  and  inheritance  of  property  as  native-born 
citizens. 

Sec.  19.  Neither  slavery  or  involuntary  servitude,  unless  for  the 
punishment  of  crime,  shall  ever  be  tolerated  in  this  State. 

Sec.  20.  The  right  of  the  people  to  be  secure  in  either  person, 
houses,  papers,  and  effects,  against  unreasonable  seizures  and  searches, 
shall  not  be  Adolated,  and  no  warrants  issued  but  in  probable  cause, 
supported  by  oath  or  affirmation,  particularly  describing  the  place 
or  places  to  be  searched,  and  the  person  or  persons  and  thing  or 
things  to  be  seized. 

Sec.  21..  Treason  against  the  State  shall  consist  only  in  levying 
war  against  it,  adhering  to  its  enemies,  or  giving  them  aid  and  com- 
fort; and  no  person  shall  be  convicted  of  treason  unless  on  the  testi- 
mony of  two  witnesses  to  the  overt  act,  or  confession  in  open  court. 
This  enunciation  of  rights  shall  not  be  construed  to  impair  or  deny 
others  retained  by  the  people. 

Sec.  22.  The  people  shall  have  the  right  to  bear  arms  in  defence 
of  themselves  and  of  the  lawful  authority  of  the  State. 

Sec  23.  No  preference  can  be  given  by  law^  to  any  church,  sect, 
or  mode  of  worship. 

Article  II 

BOUNDARIES 

The  boundaries  of  the  State  of  Florida  shall  be  as  follows:  Com- 
mencing at  the  mouth  of  the  river  Perdido;  from  thence  up  the 
middle  of  said  river  to  where  it  intersects  the  south  boundary-line  of 
the  State  of  Alabama  on  the  thirty-first  degree  of  north  latitude; 
thence  due  east  to  the  Chattahoochee  Eiver ;  thence  down  the  middle 
of  said  river  to  its  confluence  with  the  Flint  River;  from  thence 
straight  to  the  head  of  the  Saint  Mary's  River;  thence  down  the 
middle  of  said  river  to  the  Atlantic  Ocean;  thence  southeastwardly, 
along  the  coast,  to  the  edge  of  the  Gulf  Stream;  thence  southwest- 
wardly,  along  the  edge  of  the  Gulf  Stream  and  Florida  Reefs,  to 
and  including  the  Tortugas  Islands;  thence  northwestwardly  to  a 
point  five  leagues  from  the  mainland;  thence  northwestwardly  five 
leagues  from  the  shore,  including  all  islands,  to  a  point  five  leagues 
due  south  from  the  middle  of  the  mouth  of  Perdido  River;  thence 
to  the  place  of  beginning. 


Florida— 1868  707 

Article  III 


SEAT  OF  GOVERNMENT 


The  seat  of  government  shall  be  and  remain  permanent  at  the 
city  of  Tallahassee,  in  the  county  of  Leon,  until  otherwise  located  by 
a  majority  vote  of  the  legislature,  and  by  a  majority  vote  of  the 
people. 

Article  IV 

niSTHIBI  TION    OF    I'OWEU 

The  powers  of  the  government  of  the  State  of  Florida  shall  be 
divided  into  three  departments,  to  wit,  legislative,  executive,  and 
judicial.  No  j^erson  proj^erly  belonging  to  one  of  the  departments 
shall  exercise  any  functions  appertaining  to  either  of  the  others, 
except  in  those  cases  expressly  provided  for  by  this  constitution. 

Article  V 

LEGISLATIVE  DEPARTMENT 

Section  1.  The  legislative  authority  of  this  State  shall  be  vested 
in  a  senate  and  assembly,  which  shall  be  designated  "  The  legisla- 
ture of  the  State  of  Florida,"  and  the  sessions  thereof  shall  be  held 
at  the  seat  of  government  of  the  State. 

Sec.  2.  The  sessions  of  the  legislature  shall  be  annual ;  the  first  ses- 
sion on  the  second  Monday  of  June,  A.  D.  18C8,  and  thereafter  on  the 
first  Tuesday  after  the  first  Monday  of  January,  commencing  in  the 
year  A.  D.  1869.  The  governor  may,  in  the  interim,  convene  the 
legislature  in  extra  session  by  his  proclamation. 

Sec.  3.  The  members  of  the  assembly  shall  be  chosen  biennially; 
those  of  the  first  legislature  on  the  first  Monday.  Tuesday,  and  Wed- 
nesday of  May,  A.  D.  18G8,  and  thereafter  on  the  first  Tuesday  after 
the  first  Monday  of  Xovember,  commencing  with  the  year  A.  D.  1870. 

Sec.  4.  Senators  shall  be  chosen  for  the  term  of  four  years,  at  the 
same  time  and  place  as  members  of  the  assembly:  Pronkled^  That 
the  senators  elected  at  the  first  election  from  the  senatorial  districts 
designated  by  even  numbers  shall  vacate  their  seats  at  the  expiration 
of  two  years,  and  thereafter  all  senators  shall  be  elected  for  the  term 
of  four  years,  so  that  one-half  of  the  whole  number  shall  be  elected 
biennially. 

Sec.  5.  Senators  and  members  of  the  assembly  shall  be  duly  (|uali- 
fied  electors  in  the  respective  counties  and  districts  which  they 
represent. 

Sec.  6.  Each  house  shall  judge  of  the  qualifications,  elections,  and 
returns  of  its  own  members;  choose  its  own  ollicers,  except  the  presi- 
dent of  the  senate,  determine  the  rules  of  its  proceedings,  and  may 
punish  its  members  for  disorderly  conduct,  and,  with  the  concurrence 
of  two-thirds  of  all  the  membei's  present,  expel  a  member. 

Sec.  T.  Either  house,  during  the  session,  may  punish  by  imprison- 
ment any  person,  not  a  member,  who  shall  have  Ihmmi  guilty  of  dis- 
orderly or  contemptuous  conduct  in  its  presence;  l)ut  such  imprison- 
ment shall  not  extend  beyond  the  final  adjournment  of  the  session. 


708  Florida— 1868 

Sec.  8.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business;  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  compel  the  presence  of  absent  members  in  such  manner  and 
under  such  penalties  as  each  house  may  prescribe. 

Sec.  0.  Any  person  who  shall  be  convicted  of  embezzlement  or 
defalcation  of  the  funds  of  this  State,  or  of  having  given  or  offered 
a  bribe  to  secure  his  election  or  appointment  to  office,  or  of  having 
received  a  bribe  to  aid  in  the  procurement  of  office  for  any  other 
l^erson,  shall  be  disqualified  from  holding  any  office  of  honor,  profit, 
or  trust  in  the  State;  and  the  legislature  shall,  as  soon  as  practicable, 
provide  by  law  for  the  punishment  of  such  embezzlement,  defalcation, 
or  bribery  as  a  felony. 

Sec.  10.  Each  house  shall  keep  a  journal  of  its  own  proceedings, 
which  shall  be  published,  and  the  yeas  and  nays  of  the  members  of 
either  house  on  any  question  shall,  at  the  desire  of  any  three  members 
present,  be  entered  on  the  journal. 

Sec.  11.  The  doors  of  each  house  shall  be  kept  open  during  its  ses- 
sion, except  the  senate  while  sitting  in  executive  session;  and  neither 
shall,  without  the  consent  of  the  other,  adjourn  for  more  than  three 
days,  or  to  any  other  town  than  that  in  which  they  may  be  holding 
their  session. 

Sec.  12.  Any  bill  may  originate  in  either  house  of  the  legislature, 
and  after  being  passed  in  one  house  may  be  amended  in  the  other. 

Sec.  13.  The  enacting  clause  of  every  law  shall  be  as  follows :  ^^The 
peo-ple  of  the  State  of  Florida,  represented  in  senate  and  assembly,  do 
enact  as  folloivs.'''' 

Sec.  14.  Each  law  enacted  in  the  legislature  shall  embrace  but  one 
subject,  and  matters  properly  connected  therewith,  which  subject 
shall  be  briefly  expressed  in  the  title ;  and  no  law  shall  be  amended  or 
revised  by  reference  to  its  title  only,  but  in  such  case  the  act  as 
revised,  or  section  as  amended,  shall  be  reenacted  and  published  at 
length. 

Sec.  15.  Every  bill  shall  be  read  by  sections  in  three  several  days  in 
in  each  house,  unless,  in  case  of  emergency,  two-thirds  of  the  house 
where  such  bill  may  be  pending  shall  deem  it  expedient  to  dispense 
with  this  rule ;  but  the  reading  of  a  bill  by  sections  on  its  final  pas- 
sage shall  in  no  case  be  dispensed  with;  and  the  vote  on  the  final 
passage  of  every  bill,  or  joint  resolution,  shall  be  taken  by  yeas  and 
nays,  to  be  entered  in  the  journal  of  each  house,  and  a  majority  of 
the  members  present  in  each  house  shall  be  necessary  to  pass  every 
bill  or  joint  resolution,  and  all  bills  or  point  resolutions  so  passed 
shall  be  signed  by  the  presiding  officers  of  the  respective  houses,  and 
by  the  secretary  of  the  senate  and  clerk  of  the  assembly. 

Sec.  16.  Xo  money  shall  be  drawn  from  the  treasury  except  by 
appropriation  made  by  law,  and  accurate  statements  of  the  receipts 
and  expenditures  of  the  public  mone}^  shall  be  attached  to  and  pub- 
lished with  the  laws  passed  at  every  regular  session  of  the  legislature. 

Sec.  17.  The  legislature  shall  not  pass  special  or  local  laws  in  any 
of  the  following  enumerated  cases,  that  is  to  say:  regulating  the 
jurisdiction  and  duties  of  any  class  of  officers,  or  for  the  punishment 
of  crime  or  misdemeanor;  regulating  the  practices  of  courts  of  jus- 
tice; providing  for  changing  venue  of  civil  and  criminal  cases; 
granting  divorces;  changing  the  names  of  persons;  vacating  roads, 
town-plats,    streets,    alleys,    and    public    squares;     summoning    and 


Florida— 1868  709 

impanelling  grand  and  petit  juries,  and  providing  for  their  compen- 
sation; regulating  county,  township,  and  municipal  business;  regu- 
lating the  election  of  county,  toAAnship.  and  municipal  officers;  or  the 
assessment  and  collection  of  taxes  for  State,  county,  and  nuniicipal 
purposes;  providing  for  opening  and  conducting  elections  for  State, 
count3%  and  municipal  officers,  and  designating  the  places  of  voting; 
providing  for  the  sale  of  real  estate  belonging  to  minors  or  other  per- 
sons laboring  under  legal  disabilities;   regulating  the  fees  of  officers. 

Sec.  18.  In  all  cases  enumerated  in  the  preceding  section,  and  in  all 
other  cases  where  general  law  can  be  made  applicable,  all  laws  shall 
be  general  and  of  uniform  operation  throughout  the  State. 

Sec,  19.  Provision  may  be  made  by  general  law  for  l^ringing  suit 
against  the  State  as  to  all  liabilities  now  existing  or  hereafter 
originating. 

Sec.  20.  Lotteries  are  hereby  prohibited  in  this  State. 

Sec.  21.  The  legislature  shall  establish  a  uniform  system  of  county, 
township,  and  municipal  government. 

Sec.  22.  The  legislature  shall  provide  by  general  laAv  for  incorpo- 
rating such  municipal,  educational,  agricultural,  mechanical,  mining, 
and  other  useful  companies  or  associations  as  may  be  tleemed 
necessary. 

Sec.  23.  Laws  shall  be  passed  regulating  elections,  and  prohibiting, 
under  adequate  penalties,  all  undue  influence  thereon  from  power, 
bribery,  tumult,  or  other  improper  practice. 

Sec.  24.  Regular  sessions  of  the  legislature  may  extend  to  sixty 
days,  but  any  special  session  convened  by  the  governor  shall  not 
exceed  twenty  days. 

Sec.  25.  All  property,  both  real  and  personal,  of  the  wife,  owned 
by  her  before  marriage,  or  acquired  afterward  by  gift,  devise,  descent, 
or  purchase,  shall  be  her  separate  property,  and  not  liable  for  the 
debts  of  her  husband. 

Sec.  26.  The  legislature  shall  provide  for  the  election  by  the  people, 
or  appointment  by  the  governor,  of  all  State,  county,  or  municipal 
officers  not  otherwise  provided  for  by  this  constitution,  and  fix  by  law 
their  duties  and  comjiensation. 

Sec.  2T.  Every  bill  which  may  have  passed  the  legislature  shall, 
before  becoming  a  law,  be  presented  to  the  governor:  if  he  approves 
it  he  shall  sign  it,  but  if  not,  he  shall  return  it  with  his  objections  to 
the  house  in  which  it  originated,  which  house  shall  cause  such  objec- 
tions to  be  entered  upon  its  journals,  and  proceed  to  reconsider  it;  if 
after  such  reconsideration  it  shall  pass  both  houses  by  a  two-thirds 
vote  of  the  members  present,  which  vote  shall  be  entered  on  the  jour- 
nal of  each  house,  it  shall  become  a  law.  If  any  bill  shall  not  be 
returned  within  five  (hiys  (Sundays  excepted)  after  it  shall  have  been 
presented  to  the  governor,  the  same  shall  be  a  law,  in  like  numner  as 
if  he  had  signed  it.  If  the  legislature  by  its  final  adjournment  pre- 
vent such  action,  such  bill  shall  be  a  law,  unless  the  governor,  Avithin 
ten  days  next  after  the  adjournment,  shall  file  such  bill  with  his 
objections  thereto  in  the  office  of  the  secretary  of  state,  who  shall  lay 
the  same  before  the  legislature  at  its  next  session,  and  if  the  same 
shall  receive  two-thirds  of  the  votes  i)resent  it  shall  become  a  law. 

Sec.  28.  The  assembly  shall  have  the  sole  power  of  impeachment, 
but  a  vote  of  two-thirds  of  all  the  members  present  shall  be  reipiired 
to  impeach  any  officer;  and  all  impeachments  shall  be  tried  by  the 


710  Florida— 1868 

senate  Avhen  sitting  for  that  purpose.  The  senators  shall  be  upon  oath 
or  affirmation,  and  no  person  shall  be  convicted  without  the  concur- 
rence of  two-thii'ds  of  the  senators  present. 

The  chief-justice  shall  preside  at  all  trials  by  impeachment,  except 
in  the  trial  of  the  chief -justice,  when  the  lieutenant-governor  shall 
preside. 

The  governor,  lieutenant-governor,  members  of  the  cabinet,  justices 
of  the  supreme  court,  and  judges  of  the  circuit  court,  shall  be  liable 
to  impeachment  for  any  misdemeanor  in  office;  but  judgment  in  such 
cases  shall  extend  only  to  removal  from  office  and  disqualification  to 
hold  any  office  of  honor,  trust,  or  profit  under  the  State;  but  the 
part}'  convicted  or  acquitted  shall,  nevertheless,  be  liable  to  indict- 
ment, trial,  and  punishment  according  to  law.  All  other  officers  who 
shall  have  been  appointed  to  office  by  the  governor,  and  by  and  with 
the  consent  of  the  senate,  may  be  removed  from  office  upon  the 
recommendation  of  the  governor  and  consent  of  the  senate,  but  they 
shall  nevertheless  be  liable  to  indictment,  trial,  and  punishment 
according  to  law  for  awj  misdemeanor  in  office ;  all  other  civil  officers 
shall  be  tried  for  misdemeanors  in  office  in  such  manner  as  the  legis- 
lature may  provide. 

Sec.  29.  The  legislature  shall  elect  United  States  Senators  in  the 
manner  prescribed  by  the  Congress  of  the  United  States  and  by  this 
constitution. 

Sec.  30.  Laws  making  appropriation  for  the  salaries  of  public 
officers,  and  other  current  expenses  of  the  State,  shall  contain  pro- 
visions on  no  other  subject. 

Article  VI 

EXECUTIVE    DEPARTMENT 

Section  1.  The  supreme  executive  power  of  the  State  shall  be 
vested  in  a  chief  magistrate,  who  shall  be  styled  the  governor  of 
Florida. 

Sec.  2.  The  governor  shall  be  elected  by  the  qualified  electors  at  the 
same  time  and  j^laces  of  voting  for  the  members  of  the  legislature,  and 
shall  hold  his  office  for  four  years  from  the  time  of  his  installation : 
Provided.,  That  the  term  of  the  first  governor  elected  under  this  con- 
stitution shall  expire  at  the  oj^ening  of  the  regular  session  of  the  leg- 
islature of  A.  D.  1873,  and  until  his  successor  shall  be  qualified.  He 
shall  take  the  oath  of  office  prescribed  for  all  State  officers. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of  governor  who  is 
not  a  qualified  elector,  and  who  has  not  been  nine  years  a  citizen  of  the 
United  States,  and  three  years  of  the  State  of  Florida,  next  preceding 
the  time  of  his  election. 

Sec.  4.  The  governor  shall  be  commander-in-chief  of  the  military 
forces  of  the  State,  except  when  they  shall  be  called  into  the  service 
of  the  United  States. 

Sec.  5.  He  shall  transact  all  executive  business  with  the  officers  of 
the  government,  civil  and  military,  and  may  require  information  in 
writing  from  the  officers  of  the  administrative  department  upon  any 
subject  relating  to  the  duties  of  their  respective  offices. 

Sec.  6.  He  shall  see  that  the  laws  are  faithfully  executed. 


Florida— 1868  711 

Sec.  7.  "When  any  office,  from  any  cause,  shall  become  vacant,  and 
no  mode  is  provided  bv  this  constitution  or  by  the  laws  of  the  State 
for  filling  such  vavancy,  the  governor  shall  have  the  power  to  fill  such 
vacancy  by  granting  a  commission  which  shall  expire  at  the  next 
election. 

Sec.  8.  The  governor  may,  on  extraordinary  occasions,  convene  the 
legislature  by  proclamation,  and  shall  state  to  both  houses,  when 
organized,  the  purpose  for  which  they  have  been  convened,  and  the 
legislature  then  shall  transact  no  legislative  business  except  that  for 
which  they  are  especially  convened,  or  such  other  legislative  business 
as  the  governor  may  call  to  the  attention  of  the  legislature  while  in 
session,  except  by  the  unanimous  consent  of  both  houses. 

Sec.  9.  He  shall  communicate  by  message  to  the  legislature  at  each 
regular  session  the  condition  of  the  State,  and  recommend  such  meas- 
ures as  he  may  deem  expedient. 

Sec.  10.  In  case  of  a  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  the  governor  shall  have  power 
to  adjourn  the  legislature  to  such  time  as  he  may  think  proper,  pro- 
vided it  is  not  beyond  the  time  fixed  for  the  meeting  of  the  next 
legislature. 

Sec.  11.  The  governor  shall  have  power  to  suspend  the  collection 
of  fines  and  forfeitures,  and  grant  reprieves  for  a  period  not  exceed- 
ing sixty  days,  dating  from  the  time  of  conviction,  for  all  offences, 
except  in  cases  of  impeachment.  Upon  conviction  for  treason  he 
shall  have  power  to  suspend  the  execution  of  sentence  until  the  case 
shall  be  reported  to  the  legislature  at  its  next  session,  when  the  legis- 
lature shall  either  pardon,  direct  the  execution  of  the  sentence,  or 
grant  a  further  reprieve;  and  if  the  legislature  shall  fail  or  refuse 
to  make  final  disposition  of  such  case,  the  sentence  shall  be  enforced 
at  such  time  and  place  as  the  governor  may  by  his  order  direct.  The 
governor  shall  communicate  to  the  legislature  at  the  beginning  of 
ever}^  session  every  case  of  fine  or  forfeiture  remitted  or  reprieved, 
pardon  or  commutation  granted,  stating  the  name  of  the  convict,  the 
crime  for  which  he  was  convicted,  the  sentence,  its  date,  and  the  date 
of  its  remission,  commutation,  j^ardon,  or  reprieve. 

Sec.  12.  The  governor,  justices  of  the  supreme  court,  and  attorne}'- 
general,  or  a  major  part  of  theui,  of  whom  the  governor  shall  be  one, 
may,  upon  such  conditions  and  with  such  limitations  and  restrictions 
as  they  may  deem  proper,  remit  fines  and  forfeitures,  commute  pun- 
ishments, and  grant  pardons  after  conviction,  in  all  cases  except 
treason  and  impeachments,  subject  to  such  regulations  as  may  be  pro- 
vided by  law  relative  to  the  manner  of  applying  for  pardons. 

Sec.  13.  The  grants  and  commissions  shall  be  in  the  name  and 
under  the  authority  of  the  State  of  Florida,  sealed  by  the  great  seal 
of  the  State,  signed  by  the  governor,  and  countersigned  by  the  sec- 
retary of  state. 

Sec.  14.  A  lieutenant-governor  shall  be  elected  at  the  same  time 
and  places,  and  in  the  same  manner,  as  the. governor,  whose  term  of 
office  and  eligibility  shall  also  be  the  same.  He  shall  be  the  presi- 
dent of  the  senate,  but  shall  have  only  a  casting  vote  therein.  If 
during  a  vacancy  of  the  office  of  governor  the  lieutenant-governor 
shall  be  imj^eached,  dis))laced.  resign,  die,  or  becouie  incapable  of 
performing  the  duties  of  his  office,  or  be  absent  from  the  State,  the 


712  Florida— 1868 

president  pro  tempore  of  the  senate  shall  act  as  governor  until  the 
office  be  filled  or  the  disability  cease. 

Sec.  15.  In  the  case  of  the  impeachment  of  the  governor,  or  his 
removal  from  office,  death,  inability  to  discharge  his  official  duties, 
or  resignation,  the  power  and  duties  of  the  office  shall  devolve  upon 
the  lieutenant-governor  for  the  residue  of  the  term,  or  until  the  dis- 
ability shall  cease;  but  the  governor  shall  not,  without  the  consent 
of  the  legislature,  be  out  of  the  State  in  time  of  war. 

Sec.  1G.  The  governor  may  at  any  time  require  the  opinion  of  the 
justices  of  the  supreme  court  as  to  the  interpretation  of  any  portion 
of  this  constitution,  or  upon  any  point  of  law,  and  the  supreme  court 
shall  render  such  opinion  in  writing. 

Sec.  17.  The  governor  shall  be  assisted  by  a  cabinet  of  adminis- 
trative officers,  consisting  of  a  secretary  of  state,  attorney-general, 
comptroller,  treasurer,  surveyor-general,  superintendent  of  public 
instruction,  adjutant-general,  and  commissioner  of  immigration. 
Such  officers  shall  be  ajDpointed  by  the  governor,  and  confirmed  by 
the  senate,  and  shall  hold  their  offices  the  same  time  as  the  governor, 
or  until  their  successors  shall  be  qualified. 

Sec.  18.  The  governor  shall,  by  and  with  the  consent  of  the  senate, 
appoint  all  commissioned  officers  of  the  State  militia. 

Sec.  19.  The  governor  shall  appoint,  by  and  Avith  the  consent  of 
the  senate,  in  each  county,  an  assessor  of  taxes  and  collector  of  rev- 
enue, whose  duties  shall  be  prescribed  by  law%  and  who  shall  hold 
their  offices  for  two  years,  and  be  subject  to  removal  upon  the  recom- 
mendation of  the  governor  and  consent  of  the  senate.  The  governor 
shall  appoint  in  each  county  a  county  treasurer,  county  surveyor, 
superintendent  of  common  schools,  and  five  county  commissioners, 
each  of  whom  shall  hold  his  office  for  two  years,  the  duties  of  which 
shall  be  prescribed  by  law.  Such  officers  shall  be  subject  to  removal 
by  the  governor  when  in  his  judgment  the  public  welfare  will  be 
advanced  therebj^:  Provided.  No  officer  shall  be  removed  except  for 
wilful  neglect  of  duty,  or  a  ^dolation  of  the  criminal  laws  of  the  State, 
or  for  incompetency. 

Sec.  20.  The  governor  and  cabinet  shall  constitute  a  board  of  com- 
missioners of  State  institutions,  which  board  shall  have  supervision 
of  all  matters  connected  therewith,  in  such  manner  as  shall  be  pre- 
scribed by  law. 

Sec.  21.  The  governor  shall  have  power,  in  cases  of  insurrection  or 
rebellion,  to  suspend  the  writ  of  habeas  corpus  within  the  State. 

Article  VII 

JUDICIAL   department 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  a 
supreme  court,  circuit  courts,  count v  courts,  and  justices  of  the  peace. 

Sec.  2.  The  style  of  all  process  shall  be,  '•  The  State  of  Florida ;  " 
and  all  prosecutions  shall  be  conducted  in  the  name  and  hy  the 
authorit}^  of  the  same. 

Sec.  3.  The  supreme  court  shall  consist  of  a  chief -justice  and  two 
associate  justices,  who  shall  hold  their  offices  for  life  or  during  good 
behavior.  They  shall  be  appointed  by  the  governor  and  confirmed  by 
the  senate. 


Florida~1868  713 

Sec.  4.  The  majority  of  the  justices  of  the  supreme  court  shall  con- 
stitute a  quorum  for  the  transaction  of  all  ])usiness.  The  sui^reme 
court  shall  hold  three  terms  each  year,  in  the  supreme  court  room  at 
the  seat  of  government.  Such  terms  shall  connnence  on  the  second 
Tuesday  of  October,  Januar3%  and  April,  respectively. 

Sec.  5.  The  supreme  court  shall  have  apj^ellate  jurisdiction  in  all 
cases  in  equity,  also  in  all  cases  of  law  in  which  is  iuA-olved  the  title 
to  or  right  of  possession  of  real  estate,  or  the  legality  of  any  tax, 
impost,  assessment,  toll,  or  municipal  fine,  or  in  which  the  demand  or 
the  value  of  the  pro2:)erty  in  controversy  exceeds  three  huudred  dol- 
lars; also  in  all  other  civil  cases  not  included  in  the  general  subdi- 
visions of  law  and  equity;  also  in  all  questions  of  law  alone,  in  all 
criminal  cases  in  which  the  ofi'ences  charged  amount  to  felony.  The 
court  shall  have  power  to  issue  writs  of  mandamus,  certiorari,  pro- 
hibition, q}(0  icarranto,  habeas  corpus,  and  also  all  writs  necessary  or 
proper  to  the  complete  exercise  of  its  appellate  jurisdiction. 

Each  of  the  justices  shall  have  the  power  to  issue  writs  of  Jiaheas 
corpus  to  any  part  of  the  State,  upon  petition  by  or  on  behalf  of  any 
])erson  held  in  actual  custody,  and  may  make  such  Avrits  returnable 
before  himself,  or  the  supreme  court,  or  before  any  circuit  court  in  the 
State,  or  before  any  judge  of  said  courts. 

Sec.  6.  The  supreme  court  shall  appoint  a  clerk  of  the  supreme 
court,  who  shall  have  his  office  at  the  capitol,  and  shall  be  librarian 
of  the  supreme  court  library;  he  shall  hold  his  office  nntil  his  succes- 
sor is  appointed  and  qualified. 

Sec.  7.  There  shall  be  seven  circuit  judges  appointed  by  the  gov- 
ernor, and  confirmed  by  the  senate,  who  shall  hold  their  office  for 
eight  years.  The  State  shall  be  divided  into  seven  judicial  districts, 
the  limits  of  which  are  defined  in  this  constitution,  and  one  judge 
shall  be  assigned  to  each  circuit.  Such  judge  shall  hold  two  terms  of 
his  court  in  each  county  within  his  circuit  each  year,  at  such  times 
and  places  as  shall  be  prescribed  by  law.  The  chief-justice  may,  in 
his  discretion,  order  a  temporary  exchange  of  circuits  bv  the  respec- 
tive judges,  or  any  judge  to  hold  one  or  more  terms  in  any  other 
circuit  than  that  to  Avhich  he  is  assigned.  The  judge  shall  reside  in 
the  circuit  in  which  he  is  assigned. 

Sec.  8.  The  circuit  courts  in  their  several  judicial  circuits  shall 
have  original  jurisdiction  in  all  cases  of  equity;  also  in  all  cases  at 
law  which  involve  the  title  or  the  right  of  possession  to,  or  the  posses- 
sion of,  or  the  boundaries  of  real  ])roperty;  of  the  legality  of  any 
tax,  impost,  assessment,  toll,  or  municipal  fine,  and  in  all  other  cases 
in  which  the  demand  or  the  value  of  property  in  controversy  exceeds 
three  hundred  dollars,  and  of  the  action  of  forcible  entrv  and  unlaw- 
ful detainer,  and  also  in  all  criminal  cases  amounting  to  felonv. 
They  shall  have  fiiud  apjx'llate  jurisdiction  in  all  civil  cases  arising 
in  the  county  court  in  which  the  amount  in  contro\ersy  is  one  hun- 
dred dollars  and  u[)wards.  and  in  all  cases  of  misdemeanor.  The 
circuit  courts  and  the  judges  thereof  shall  have  jiower  to  issue  writs 
oi  mandamus,  injunction,  quo  warranto,  certiorari,  and  all  other  writs 
proper  and  necessary  to  the  complete  exercise  of  their  jurisdiction, 
and  also  shall  have  power  to  issue  writs  of  Iiaheas  corpus  on  jx'tition 
by  or  on  behalf  of  any  person  held  in  actual  custody  in  their  respec- 
tive circuits. 

Sec.  1).  There  shall  be  a  coiuilv  court   oriianized   in  each  count  v. 


714  Florida— 1868 

The  governor  shall  appoint  a  county  judge  for  each  county,  Avho  shall 
be  confirnied  by  the  senate,  and  such  judge  shall  hold  his  office  for 
four  years  from  the  date  of  his  commission,  or  until  his  successor  is 
appointed  and  qualified. 

Sec.  10.  The  county  court  shall  be  a  court  of  oyer  and  terminer. 

Sec.  11.  The  county  court  shall  have  jurisdiction  of  all  misde- 
meanors and  all  civil  cases  where  the  amount  in  controversy  does  not 
exceed  three  hundred  dollars;  and  its  jurisdiction  shall  be  final  in  all 
civil  cases  where  the  amount  in  controversy  does  not  exceed  one  hun- 
dred dollars;  but  in  no  case  shall  the  county  court  have  jurisdiction 
when  the  title  or  boundaries  of  real  estate  is  in  controversy,  or  where 
the  jurisdiction  will  conflict  with  that  of  the  several  courts  of  record; 
but  they  may  have  coextensive  jurisdiction  with  the  circuit  courts  in 
cases  of  forcible  entry  and  unlawful  detention  of  real  estate,  subject 
to  appeal  to  the  circuit  court.  The  county  court  shall  have  full  surro- 
gate or  probate  powers,  but  subject  to  appeal.  Provision  shall  be 
made  by  law  for  all  other  powers,  duties,  and  responsibilities  of  the 
county  courts  and  judges.  There  shall  be  a  regular  trial-term  of 
the  county  courts  six  times  in  each  year,  at  such  times  and  places  as 
may  be  prescribed  by  law. 

Sec.  12.  The  grand  and  petit  jurors  shall  be  taken  from  the  regis- 
tered voters  of  the  respective  counties. 

Sec.  13.  In  all  trials,  civil  and  criminal,  in  the  circuit  and  county 
courts,  the  evidence  shall  be  reduced  to  writing  by  the  clerk  of  the 
court  or  his  deputy,  under  the  control  of  the  court;  and  every  wit- 
ness after  his  examination  shall  have  done,  shall  be  at  liberty  to  cor- 
rect the  evidence  he  has  giA^en,  and  afterwards  shall  sign  the  same; 
such  evidence  shall  be  filed  in  the  office  of  the  clerk,  with  the  papers 
in  the  case. 

Sec.  14.  All  pleas  shall  be  sworn  to  either  by  the  parties  or  their 
attorneys. 

Sec.  15.  The  governor  shall  appoint  as  many  justices  of  the  peace 
as  he  may  deem  necessary.  Justices  of  the  peace  shall  have  criminal 
jurisdiction  and  civil  jurisdiction  not  to  exceed  fifty  dollars,  but  this 
shall  not  extend  to  the  trial  of  any  person  for  misdemeanor  or  crime. 
The  duties  of  justice  of  the  peace  shall  be  fixed  by  law.  Justices  of 
the  peace  shall  hold  their  offices  during  good  behavior,  subject  to 
removals  by  the  governor  at  his  own  discretion. 

Sec.  16.  The  legislature  may  establish  courts  for  municipal  pur- 
poses only  in  incorporated  towns  and  cities.  All  laws  for  the 
organization  or  government  of  municipal  courts  shall  be  general  in 
their  provisions,  and  be  equally  applicable  to  the  municipal  courts 
of  all  incorporated  towns  and  cities. 

Sec.  it.  Any  civil  cause  may  be  tried  before  a  practising  attorney 
as  referee,  upon  the  application  of  the  parties,  and  an  order  from 
the  court  in  whose  jurisdiction  the  case  may  be  authorizing  such  trial 
and  appointing  such  referee.  Such  referee  shall  keep  a  complete 
record  of  the  case,  including  the  evidence  taken,  and  such  record  shall 
be  filed  with  the  papers  in  the  case  in  the  office  of  the  clerk,  subject  to 
an  appeal  in  the  manner  prescribed  by  law. 

Sec.  18.  No  other  courts  than  those  herein  specified  shall  be  organ- 
ized in  this  State. 

Sec.  19.  The  governor,  by  and  with  the  advice  and  consent  of  the 
senate,  shall  appoint  a  State  attorney  in  each  judicial  circuit,  whose 


Florida— 1868  715 

duties  shall  be  prescribed  by  law.  He  shall  hold  his  office  for  four 
years  from  the  date  of  his  commission,  and  until  his  successor  shall 
be  appointed  and  qualified.  The  governor,  by  and  with  the  advice 
and  consent  of  the  senate,  shall  appoint  in  each  county  a  sheriff  and 
clerk  of  the  circuit  court,  who  shall  also  be  clerk  of  the  county  court 
and  board  of  county  commissioners,  recorder,  and  ex-officio  auditor 
of  the  county,  each  of  whom  shall  hold  his  office  for  four  years. 
Their  duties  shall  be  ])rescribed  bv  law. 

Sec.  20.  A  constable  shall  be  "elected  by  the  registered  voters  in 
each  count}^  for  every  two  hundred  registered  voters;  but  each  county 
shall  be  entitled  to  at  least  two  constables,  and  no  county  shall  have 
more  than  twelve  constables.  They  shall  perform  such  duties  and 
under  such  instruct i(ms  as  shall  be  prescribed  by  law. 

Sec.  21.  Attorneys  at  law,  who  have  been  admitted  to  practice  in 
any  5ourt  of  record  in  any  State  in  the  Union,  or  to  any  United 
States  court,  shall  be  admitted  to  practice  in  any  court  of  this  State 
on  producing  evidence  of  having  been  so  admitted. 

Article  VIII 

ADMINISTRATIVE    DEPARTMENT 

Section  1.  There  shall  be  a  cabinet  of  administrative  officers,  con- 
sisting of  a  secretary  of  state,  attorney-general,  comptroller,  treas- 
urer, surveyor-general,  and  superintendent  of  public  instruction,  ad- 
jutant-general, and  commissioner  of  immigration,  who  shall  assist 
the  governor  in  the  performance  of  his  duties. 

Sec.  2.  The  secretary  of  state  shall  keep  the  records  of  official  acts 
of  the  legislative  and  executive  departments  of  the  government,  and 
shall,  Avhen  required,  lay  the  same,  and  all  matters  relative  thereto, 
before  either  branch  of  the  legislature,  and  shall  be  the  custodian 
of  the  great  seal  of  the  State. 

Sec.  3.  The  attorney-general  shall  be  the  legal  adviser  of  the  gov- 
ernor and  of  each  of  the  cabinet  officers,  and  shall  perform  such  other 
legal  duties  as  the  governor  may  direct,  or  as  may  be  provided  by  law. 
He  shall  be  reporter  for  the  supreme  court. 

Sec.  4.  The  treasurer  shall  receive  and  keep  all  funds,  bonds,  or 
other  securities,  in  such  manner  as  may  be  provided  by  law,  and  shall 
disburse  no  funds,  bonds,  or  other  securities,  except  upon  the  order 
of  the  comptroller,  countersigned  by  the  governor,  in  such  manner 
as  shall  be  prescribed  by  law. 

Sec.  5.  The  duties  of  the  comptroller  shall  be  prescribed  by  law. 

Sec.  6.  The  surveyor-general  shall  liaAe  the  administrative  super- 
vision of  all  matters  pertaining  to  the  public  lands,  under  such  regu- 
lations as  shall  be  prescribed  by  law. 

Sec.  7.  The  superintendent  of  public  instruction  shall  have  the 
administrative  supervision  of  all  matters  pertaining  to  public  instruc- 
tion; the  supervision  of  buildings  devoted  to  educational  purposes, 
and  the  libraries  belonging  to  the  university  and  the  connnon  schools. 
He  shall  organize  a  historical  bureau  for  the  purpose  of  accumulating 
such  matter  and  information  as  may  be  necessary  for  compiling  the 
history  of  the  State.  He  shall  also  establish  a  cabinet  of  minerals 
and  other  natural  productions. 


716  Florida— 1868 

Sec.  8.  The  adjutant-general  shal],  under  the  orders  of  the  gov- 
ernor, have  the  administrative  supervision  of  the  military  depart- 
ment, and  the  supervision  of  State  prison,  and  of  the  quarantine  of 
the  coast,  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  9.  The  commissioner  of  immigration  shall  organize  a  bureau 
of  immigration  for  the  purposes  of  furnishing  information  and  for 
the  encouragement  of  immigration.  The  office  of  commissioner  of 
immigration  shall  expire  at  the  end  of  fifteen  years  from  the  ratifica- 
tion of  this  constitution,  but  the  legislature  shall  have  power  to  con- 
tinue it  by  law. 

Sec.  10.  Each  officer  of  the  cabinet  shall  make  a  full  report  of  his 
official  acts,  of  the  receipts  and  expenditures  of  his  office,  and  of  the 
requirements  of  the  same,  to  the  governor,  at  the  beginning  of  each 
regular  session  of  the  legislature,  or  whenever  the  governor  shall 
require  it.  Such  reports  shall  be  laid  before  the  legislature  by  the 
governor  at  the  beginning  of  each  regular  session  thereof.  Either 
house  of  the  legislature  may  at  any  time  call  upon  any  cabinet  officer 
for  information  required  by  it. 

Article  IX 

EDUCATION 

Section  1.  It  is  the  paramount  duty  of  the  State  to  make  ample 
provision  for  the  education  of  all  the  children  residing  within  its 
borders,  without  distinction  or  preference. 

Sec  2.  The  legislature  shall  provide  a  uniform  system  of  common 
schools,  and  a  university,  and  shall  provide  for  the  liberal  mainte- 
nance of  the  same.     Instruction  in  them  shall  be  free. 

Sec.  3.  There  shall  be  a  superintendent  of  public  instruction,  whose 
term  of  office  shall  be  four  years,  and  until  the  appointment  and  qual- 
ification of  his  successor.  He  shall  have  general  supervision  of  the 
educational  interests  of  the  State.  His  duties  shall  be  prescribed  by 
law. 

Sec.  4.  The  common-school  fund,  the  interest  of  which  shall  be 
exclusively  applied  to  the  support  and  maintenance  of  common  schools 
and  purchase  of  suitable  libraries  and  apparatus  therefor,  shall  be 
deriA^ed  from  the  following  sources : 

The  proceeds  of  all  lands  that  have  been  or  may  hereafter  be 
granted  to  the  State  by  the  United  States  for  educational  purposes; 
donations  by  individuals  for  educational  purposes;  appropriations  by 
the  State ;  the  proceeds  of  lands  or  other  property  which  may  accrue 
to  the  State  by  escheat  to  forfeiture;  the  proceeds  of  all  property 
granted  to  the  State,  when  the  purpose  of  such  grant  shall  not  be 
specified :  all  moneys  which  may  be  paid  as  an  exemption  from  mili- 
tary duty ;  all  fines  collected  under  the  penal  laws  of  this  State :  such 
portion  of  the  fev-caplta  tax  as  may  be  prescribed  by  law  for  educa- 
tional purposes;  twenty-five  per  centum  of  the  sales  of  public  lands 
which  are  now  or  hereafter  may  be  owned  by  the  State. 

Sec.  5.  A  special  tax  of  not  less  than  one  mill  on  the  dollar  of  all 
taxable  property  in  the  State,  in  addition  to  the  other  means  provided, 
shall  be  levied  and  apportioned  annually  for  the  support  and  mainte- 
nance of  common  schools. 


Florida— 1868  717 

Sec.  6.  The  principal  of  the  common-school  fund  shall  remain 
sacred  and  inviolate. 

Sec.  7.  Provision  shall  be  made  by  law  for  the  distribution  of  the 
common-school  fund  among  the  several  counties  of  the  State  in  pro- 
portion to  the  number  of  children  residing  therein  between  the  ages  of 
four  and  twenty-one  years. 

Sec.  8.  Each  county  shall  be  required  to  raise  annually  by  tax,  for 
the  support  of  common  schools  therein,  a  sum  not  less  than  one- 
half  the  amount  apportional  to  each  count}^  for  that  year  from  the 
income  of  the  common-school  fund.  Any  school-district  neglecting 
to  establish  and  maintain  for  at  least  three  months  in  each  year  such 
school  or  schools  as  may  be  provided  by  law  for  such  district  shall 
forfeit  its  portion  of  the  common-school  fund  during  such  neglect. 

Sec.  9.  The  superintendent  of  public  instruction,  secretary  of  state, 
and  attorney-general,  shall  constitute  a  body-corporate,  to  be  known 
as  the  board  of  education  of  Florida.  The  superintendent  of  public 
instruction  shall  be  president  thereof.  The  duties  of  the  board  of 
education  shall  be  prescribed  by  the  legislature. 

Article  X 
homestead 

Section  1.  A  homestead,  to  the  extent  of  one  hundred  and  sixty 
acres  of  land,  or  the  half  of  one  acre  within  the  limits  of  any  incor- 
porated city  or  toAvn,  owned  by  the  head  of  a  family,  residing  in  this 
State,  together  with  one  thousand  dollars  in  value  of  personal  prop- 
erty, and  the  improvements  on  the  real  estate,  shall  be  exempted  from 
forced  sale  under  any  process  of  law,  and  the  real  estate  shall  not  be 
alienable  without  the  joint  consent  of  husband  and  wife,  Avhen  that 
relation  exists.  But  no  property  shall  be  exempt  from  sale  for  taxes, 
or  for  the  payment  of  obligations  contracted  for  the  purchase  of  said 
premises,  or  for  the  erection  of  improvements  thereon,  or  for  house, 
field,  or  other  labor  performed  on  the  same.  The  exemption  herein 
})rovided  for  in  a  city  or  town  shall  not  extend  to  more  improvements 
or  buildings  than  the  residences  and  business  houses  of  the  o^^  uer. 

Sec.  2.  In  addition  to  the  exemption  provided  for  in  the  first  sec- 
tion of  this  article,  there  shall  be  and  remain  exempt  from  sale  by  any 
legal  process  in  this  State,  to  the  head  of  a  family  residing  in  this 
State,  such  property  as  he  or  she  may  select  to  the  amount  of  one 
thousand  dollars;  said  exemption  in  this  section  shall  only  prevent 
the  sale  of  i:)ropert3^  in  cases  where  the  debt  was  contracted,  liability 
incurred,  or  judgment  obtained  before  the  10th  day  of  May,  A.  I). 
18()5,  Nothing  herein  contained  shall  be  so  construed  as  to  exempt 
any  property  from  sale  for  payment  of  the  purchase-money  of  the 
same,  or  for  the  payment  of  taxes  or  labor. 

Sec.  3.  The  exemptions  provided  for  in  sections  one  and  two  of  this 
article  shall  accrue  to  the  heirs  of  the  party  having  enjoyed  or  taken 
the  benefit  of  such  exemption,  and  the  exemption  ])rovided  for  in 
section  one  of  this  article  shall  apply  to  all  debts  except  as  speci- 
fied in  said  section,  no  matter  when  or  where  the  debt  was  con- 
tracted or  liability  incurred. 
"^251— VOL  1—07 48 


718  Florida— 1868 

Article  XI 

PUBLIC  INSTITUTIONS 

Section  1.  Institutions  for  the  benefit  of  the  insane,  blind,  and 
deaf,  and  such  other  benevolent  institutions  as  the  public  good  may 
require,  shall  be  fostered  and  supported  by  the  State,  subject  to  such 
regulations  as  may  be  provided  by  law. 

Sec.  2.  A  State  prison  shall  be  established  and  maintained  in  such 
a  manner  as  may  be  fixed  by  law.  Provision  may  be  made  by  law 
for  the  establishment  and  maintenance  of  a  house  of  refuge  for 
juvenile  offenders,  and  the  legislature  shall  have  power  to  establish  a 
home  and  workhouse  for  common  vagrants. 

Sec.  3.  The  respective  courts  of  the  State  shall  provide  in  the 
manner  fixed  by  law  for  those  of  the  inhabitants  who,  b}^  reason  of 
age,  infirmity,  or  misfortunes,  may  have  claims  upon  the  aid  and 
sympathy  of  society. 

Article  XII 
militia 

Section  1.  All  able-bodied  male  inhabitants  of  this  State,  between 
the  ages  of  eighteen  and  forty-five  years,  who  are  citizens  of  the 
United  States,  or  have  declared  their  intention  to  become  citizens 
thereof,  shall  constitute  the  militia  of  the  State,  but  no  male  citizen 
of  whatever  religious  creed  or  opinion  shall  be  exempt  from  military 
duty  except  upon  such  conditions  as  may  be  prescribed  by  law. 

Sec.  2.  The  legislature  shall  provide  by  law  for  organizing  and 
disciplining  the  militia  of  the  State,  for  the  encouragement  of  volun- 
teer corps,  the  safe-keeping  of  the  public  arms,  and  for  a  guard  for 
the  State  prison. 

Sec.  3.  The  adjutant-general  shall  have  the  grade  of  major-gen- 
eral. The  governor,  by  and  with  the  consent  of  the  senate,  shall 
appoint  two  major-generals  and  four  brigadier-generals  of  militia ; 
they  shall  take  rank  according  to  the  date  of  their  commissions. 
The  officers  and  soldiers  of  the  State  militia,  when  uniformed,  shall 
wear  the  uniform  prescribed  for  the  United  States  Army. 

Sec.  4.  The  governor  shall  have  power  to  call  out  the  militia  to 
preserve  the  public  peace,  to  execute  the  laws  of  the  State,  and  to 
suppress  insurrection  or  repel  invasion. 

Article  XIII 
taxation  and  finance 

Section  1.  The  legislature  shall  provide  for  a  uniform  and  equal 
rate  of  taxation,  and  shall  prescribe  such  regulations  as  shall  secure 
a  just  valuation  of  all  property,  both  real  and  personal,  excepting 
such  property  as  may  be  exempt  by  law  for  municipal,  educational, 
literary,  scientific,  religious,  or  charitable  purposes. 

Sec.  2.  The  legislature  shall  provide  for  raising  revenue  sufficient 
to  defray  the  expenses  of  the  State  for  each  fiscal  3'ear,  and  also  a 
sufficient  sum  to  pay  the  principal  and  interest  of  the  existing  indebt- 
edness of  the  State. 


Florida— 1868  719 

Sec.  3.  No  tax  shall  be  levied  except  in  pursuance  of  law. 

Sec.  4.  No  monej^s  shall  be  drawn  from  the  treasury  except  in  pur- 
suance of  appropriation  made  by  law. 

Sec.  5.  An  accurate  statement  of  the  receipts  and  expenditures  of 
the  public  moneys  shall  be  published  with  the  laws  of  each  regular 
session  of  the  legislature. 

Sec.  ().  The  legislature  shall  authorize  the  several  counties  and 
incorporated  towns  in  the  State  to  impose  taxes  for  county  and 
incorporation  purposes,  and  for  no  other  purpose,  and  all  property 
shall  be  taxed  upon  the  principle  established  for  State  taxation. 
The  legislature  may  also  provide  for  levying  a  specific  capitation  tax 
on  licenses.  But  the  capitation  tax  shall  not  exceed  one  dollar  per 
annum  for  all  purposes,  excepting  for  State,  county,  or  municipal 
taxes. 

Sec.  7.  The  legislature  shall  have  power  to  provide  for  issuing 
State  bonds  bearing  interest,  for  securing  the  debt  of  the  State,  and 
for  the  erection  of  State  buildings,  support  of  State  institutions,  and 
perfecting  public  works. 

Sec.  8.  No  tax  shall  be  levied  upon  persons  for  the  benefit  of  any 
chartered  company  of  the  State,  or  for  paying  the  interest  on  any 
bonds  issued  by  said  chartered  companies,  counties,  or  corporations, 
for  the  above-mentioned  purposes,  and  any  laws  to  the  contrary  are 
hereby  declared  null  and  void. 

Article  XIV 

CENSUS    AND   APPORTIONMENT 

The  legislature  shall,  in  the  year  one  thousand  eiglit  hundred  and 
seventy-five,  and  every  tenth  year  thereafter,  cause  an  enumeration 
to  be  made  of  all  the  inhabitants  of  the  State:  and  they  sliall  then 
proceed  to  apportion  the  representation  among  the  diti'erent  counties, 
giving  to  each  county  one  representative  at  large,  and  one  additional 
to  every  one  thousand  registered  votes  therein,  but  no  county  shall 
be  entitled  to  more  than  four  representatives. 

The  legislature  shall  also,  after  every  such  enumeration,  proceed  to 
fix  by  law  the  number  of  senators  which  shall  constitute  the  senate  of 
Fk)rida,  and  which  shall  never  be  less  than  one-fourth  nor  more  than 
one-linlf  of  the  whole  number  of  the  assembly.  When  any  senatorial 
district  shall  be  composed  of  two  or  more  counties,  the  counties  of 
which  such  district  consists  shall  not  be  entirely  separated  by  any 
county  belonging  to  another  district,  and  no  county  shall  be  divided 
in  forming  a  district,  and  all  counties  shall  remain  as  now  organized 
unless  changed  by  a  two-thirds  vote  of  both  houses  of  the  legislature. 

.Vrticle  XV 

SUFFRAGE    AND   ELIGIBILITY 

Section  1.  Every  male  person  of  the  age  of  twenty-one  years  and 
upwards,  of  whatever  race,  coloj-,  nationality,  or  previous  condition, 
or  who  shall,  at  the  time  of  otlering  to  vote,  l)e  a  citizen  of  the  United 
States,  or  who  shall  have  declared  his  intention  to  become  such  in  con- 
formity to  the  laws  of  the  United  States,  and  who  shall  have  resided 


720  Florida— 1868 

and  had  his  habitation,  domicile,  home,  and  place  of  permanent  abode 
in  Florida  for  one  A'ear,  and  in  the  county  for  six  months,  next  pre- 
ceding the  election  at  which  he  shall  offer  to  vote,  shall  in  such 
county  be  deemed  a  qualified  elector  at  all  elections  under  this  consti- 
tution. Everj'^  elector  shall,  at  the  time  of  his  registration,  take  and 
subscribe  to  the  following  oath : 

"  I, ,  do  solemnly  swear  that  I  will  support,  protect, 

and  defend  the  Constitution  and  Government  of  the  United  States, 
and  the  constitution  and  government  of  Florida,  against  all  enemies, 
foreign  or  domestic ;  that  I  will  bear  true  faith,  loyalty,  and  allegiance 
to  the  same,  any  ordinances  or  resolution  of  any  State  convention 
or  legislation  to  the  contrary  notwithstanding :  so  help  me  God." 

Sec.  2.  No  person  under  guardianship,  non  compos  mentis.,  or 
insane,  shall  be  qualified  to  vote  at  any  election ;  nor  shall  any  person 
convicted  of  felony  be  qualified  to  vote  at  any  election  unless  restored 
to  civil  rights. 

Sec.  3.  At  any  election  at  which  a  citizen  or  subject  of  any  foreign 
country  shall  offer  to  vote,  under  the  provisions  of  this  constitution, 
he  shall  present  to  the  persons  lawfully  authorized  to  conduct  and 
supervise  such  election  a  duly  sealed  and  certified  copy  of  his  declara- 
tion of  intention;  otherwise  he  shall  not  be  alloAved  to  vote;  and  any 
naturalized  citizen  offering  to  vote,  shall  produce  before  said  persons, 
lawfully  authorized  to  conduce  and  supervise  the  election,  his  certifi- 
cate of  naturalization,  or  a  duly  sealed  and  certified  copy  thereof; 
otherwise  he  shall  not  be  permitted  to  vote. 

Sec.  4.  The  legislature  shall  have  power,  and  shall  enact  the  neces- 
sary laws  to  exclude  from  every  office  of  honor,  power,  trust,  or  profit, 
civil  or  military,  within  the  State,  and  from  the  right  of  suffrage, 
all  persons  convicted  of  bribery,  perjury,  larceny,  or  of  infamous 
crime,  or  who  shall  make,  or  become  directly  or  indirectly  interested 
in,  any  bet  or  Avager.  the  result  of  which  shall  depend  upon  any  elec- 
tion ;  or  who  shall  hereafter  fight  a  duel,  or  send  or  accept  a  challenge 
to  fight,  or  who  shall  be  a  second  to  either  party,  or  be  the  bearer  of 
such  challenge  or  acceptance;  but  the  legal  disability  shall  not  accrue 
until  after  trial  and  conviction  by  due  form  of  law. 

Sec.  5.  In  all  elections  by  the  legislature  the  vote  shall  be  viva  voce., 
and  in  all  elections  by  the  people  the  vote  shall  be  by  ballot. 

Sec.  6.  The  legislature  at  its  first  session  after  the  ratification  of 
this  constitution  shall  by  law  provide  for  the  registration,  by  the 
clerks  of  the  circuit  court  in  each  county,  of  all  the  legally  qualified 
voters  in  such  county,  and  for  the  returns  of  elections:  and  shall  also 
provide  that  after  the  completion,  from  time  to  time,  of  such  regis- 
tration, no  person  not  duly  registered  according  to  law  shall  be 
allowed  to  A'ote. 

Sec.  7.  The  legislature  shall  enact  laws  requiring  educational  quali- 
fications for  electors  after  the  year  one  thousand  eight  hundred  and 
eighty,  but  no  such  laws  shall  be  made  applicable  to  any  elector  who 
may  have  registered  or  voted  at  any  election  previous  thereto. 

Article  XVI 
schedule 

Section  1.  That  all  ordinances  and  resolutions  heretofore  passed 
by  any  convention  of  the  people,  and  all  acts  and  resolutions  of  the 


Florida— 1868  Til 

legislature,  conflicting  or  inconsistent  vrith  the  Constitution  of  the 
United  States,  and  the  statutes  thereof,  and  with  this  constitution,  and 
in  derogation  of  the  existence  or  position  of  the  State  as  one  of  the 
States  of  the  United  States  of  America,  are  hereby  dcchired  mill  and 
void,  and  of  no  effect. 

Sec.  2.  That  all  acts  and  resolutions  of  the  general  assembly,  and 
all  official  acts  of  the  civil  officers  of  the  State,  not  inconsistent  Avith 
the  provisions  of  the  Constitution  and  statutes  of  the  United  States, 
or  with  this  constitution,  or  Avith  any  ordinance  or  resolution  adopted 
by  this  convention,  and  which  have  not  been,  and  are  not  by  this  con- 
stitution, annulled,  are  in  force,  and  shall  be  considered  and  esteemed 
as  the  laws  of  the  State  until  such  acts  or  resolutions  shall  be  repealed 
by  the  legislature  of  the  State,  or  this  convention. 

Sec.  3.  All  laws  of  the  State  passed  b}^  the  so-called  general  assem- 
bly since  the  10th  day  of  January',  A.  D.  18G8,  not  conflicting  with  the 
Avord  and  spirit  of  the  Constitution  and  laAvs  of  the  United  States, 
or  with  this  constitution,  shall  be  A'alicl ;  all  Avrits,  acts,  proceedings, 
judgments,  and  decrees  of  the  so-called  courts  of  the  State,  Avhen  i>ct- 
ual  service  Avas  made,  as  the  defendant,  all  executions  and  sales  made 
1  hereunder,  and  all  acts,  orders,  and  proceedings  of  the  judges  of 
probate,  and  of  executors,  administrators,  guardians,  and  trustees, 
provided  they  Avere  in  conformity  Avith  the  laAvs  then  in  force,  and 
did  not  conflict  Avith  the  Constitution  and  laAA  s  of  the  United  States 
and  this  constitution,  shall  be  valid ;  the  sales  of  the  property  or  effects 
of  deceased  persons  shall  not  preA^ent  the  wicloAv  from  claiming  said 
property  in  kind,  in  Avhosesoever  hands  the  same  may  be  found,  Avhere 
the  sale  had  not  been  made  for  the  purpose  of  paying  the  debts  of 
deceased,  and  Avhere  other  than  hiAvful  money  of  the  United  States 
Avas  obtained  for  said  ])roperty. 

Nothing  herein  contained  shall  be  so  construed  as  to  make  any  one 
Avho  Avas  an  officer  of  any  court,  or  Avho  acted  inider  the  authority  <.f 
any  court,  indiAadually  liable,  provided  they  acted  strictly  in  accord- 
ance Avith  Avhat  Avas  then  considered  the  laAV  of  the  State,  and  not 
conflicting  Avith  the  Constitution  and  laAvs  of  the  United  States. 

All  fines,  iDenalties,  forfeitures,  obligations,  and  escheats  heretofore 
accruing  to  the  State  of  Florida  shall  continue  to  accrue  to  the  use 
of  the  State. 

All  recognizances  heretofore  taken  shall  remain  valid,  and  all  bonds 
executed  to  the  governor  of  the  State  of  Florida,  either  before  or 
since  the  10th  day  of  January,  A.  D.  1861,  or  to  any  other  officer  of  the 
State,  in  his  official  capacity,  shall  be  of  full  force  and  virtue,  for  the 
uses  therein  respectively  expressed,  and  may  be  sued  for  and  recovere.l 
accordingly,  unless  they  Avere  contrary  to  the  laws  of  the  United 
States  or  to  this  constitution,  or  to  any  ordinance  or  resolution 
adopted  by  the  couA^ention;  also,  all  criminal  prosecutions  Avhicii 
have  arisen  may  l)e  prosecuted  to  judgment  and  execution  in  the  name 
of  the  State. 

All  actions  at  hnv  or  suits  in  chancery,  or  any  i)roceedings  j^ending 
in  the  courts  of  this  State,  either  prior  to  or  subsequent  to  the  10th 
day  of  January,  A.  D.  1801,  shall  continue  in  all  respects  valid,  and 
may  be  prosecuted  to  judgment  and  decree. 

All  judgments  and  decrees  rendered  in  civil  causes  in  any  of  the 
courts  of  the  State  during  the  period  of  time  above  si)ecified  are 
hereby  declared  of  full  force,  validity,  and  effect:  Proridcd,  That, 


722  Florida— 1868 

unless  otherwise  provided  in  this  constitution,  the  statute  of  limita- 
tion shall  not  be  pleaded  upon  any  claim  in  the  hands  of  any  person 
for  the  period  of  time  between  the  10th  day  of  January,  A.  D.  18G1, 
and  the  25tli  day  of  October,  1865,  whether  proceedings  at  law  had 
been  commenced  before  the  25th  day  of  October,  1805,  or  not:  Pi'o- 
inded.,  fu!rtliei\  That  all  claims  of  widows,  minors,  and  decedents, 
which  were  not  barred  by  the  statutes  of  this  State  on  the  10th  day 
of  January,  18G1,  shall  be  considered  good  and  valid  for  the  period 
of  two  years  from  the  ratification  of  this  constitution. 

Sec.  4.  That  State  treasury  notes,  all  bonds  issued,  and  all  other 
liabilities  contracted  by  the  State  of  Florida,  or  any  county  or  city 
thereof,  on  and  after  the  10th  day  of  January,  A.  D.  1861,  and  before 
the  25th  day  of  October,  A.  D.  1865,  except  such  liabilities  as  may.  be 
due  to  the  seminary  or  school  fund,  be  and  are  declared  null  and  void, 
and  the  legislature  shall  have  no  power  to  provide  for  the  payment  of 
the  same  or  any  part  thereof,  but  this  shall  not  be  construed  so  as  to 
invalidate  any  authorized  liabilities  of  the  State  contracted  prior 
to  the  10th  day  of  Januarv,  A.  D.  1861,  or  subsequent  to  the  25th 
day  of  October,  A.  D.  1865."^ 

Sec.  5.  No  money  shall  ever  be  appropriated  by  this  State  to  re- 
imburse j)urchasers  of  United  States  land  who  purchased  the  same  of 
the  State  of  Florida. 

Sec.  6.  All  proceedings,  decisions,  or  actions  accomplished  by  civil 
or  military  officers  acting  under  authority  of  the  United  States  subse- 
quent to  the  10th  day  of  January,  1861,  and  prior  to  the  final  restora- 
tion of  the  State  to  the  Government  of  the  United  States,  are  hereby 
declared  valid,  and  shall  not  be  subject  to  adjudication  in  the  courts 
of  this  State;  nor  shall  any  person  acting  in  the  capacity  of  a  sol- 
dier or  officer  of  the  United  States,  civil  or  military,  be  subject  to 
arrest  for  any  act  performed  by  him  pursuant  to  authorized  instruc- 
tions from  his  superior  officers  during  the  period  of  time  above 
designated. 

Sec.  7.  That  in  all  cases  where  judgments  have  been  obtained 
against  citizens  of  the  State  after  the  10th  day  of  January,  1861, 
previous  to  the  25th  day  of  October,  1865,  and  where  actual  service 
was  not  made  on  the  person  of  any  defendant,  such  defendant,  not 
served  with  process,  may  appear  in  court  within  one  year  after  the 
adoption  of  this  constitution,  and  make  oath  that  injustice  has  been 
done  and  that  he  or  she  has  a  good  and  valid  defence,  stating  the 
defence,  and  upon  making  such  oath  and  filing  said  defence,  the 
proceedings  in  the  judgment  shall  cease  until  the  defence  is  heard. 

Article  XVII 
miscellaneous 

Section  1.  Any  person  debarred  from  holding  office  in  the  State  of 
Florida  by  the  third  section  of  the  fourteenth  article  of  the  proposed 
amendment  to  the  Constitution  of  the  United  States,  which  is  as 
follows :  "  No  person  shall  be  a  Senator  or  Representative  in  Con- 
gress, or  elector  of  President  or  Vice-President,  or  hold  any  office, 
civil  or  military,  under  the  United  States  or  under  any  State,  who, 
having  previously  taken  an  oath  as  a  member  of  Congress,  or  as  an 


Florida— 1868  723 

officer  of  the  United  States,  or  as  a  member  of  any  State  legislature, 
or  as  an  executive  or  judicial  officer  of  any  State,  to  support  the  Con- 
stitution of  the  United  States,  sluiU  have  enoaged  in  insurrection  or 
rebellion  against  the  same,  or  given  aid  and  comfort  to  enemies 
thereof.  But  Congress  may,  by  a  vote  of  two-thirds  of  each  house, 
remove  such  disability,"  is  hereby  debarred  from  holding  office  in  this 
State:  Provided.,  That  whenever  such  disability  from  holding  office 
shall  be  removed  from  any  person  by  the  Congress  of  the  United 
States,  the  removal  of  such  disability  shall  also  apply  to  this  State, 
and  such  person  shall  be  restored,  in  all  respects,  to  the  rights  of 
citizenship  as  herein  provided  for  electors. 

Sec.  2.  Any  j)erson  elected  to  the  Senate  of  the  United  States  by 
the  legislature  of  this  State,  or  any  person  elected  by  the  people,  or 
appointed  to  office  by  the  governor  of  the  State,  or  by  any  officer  of 
the  State,  under  the  provisions  of  the  constitution  adopted  by  the 
convention  of  the  people,  convened  on  the  25th  day  of  October,  1865, 
shall  not  be  empowered  to  hold  such  office  after  the  same  j)osition  or 
office  shall  have  been  filled  by  election  or  appointment  under  the  pro- 
visions of  this  constitution:  Prooided^  That  all  officers  holding  office 
under  the  provisions  of  the  constitution  adopted  the  25th  day  of 
October,  A.  D.  1865,  and  not  provided  for  in  this  constitution,  shall 
continue  to  hold  their  respective  offices,  and  discliarge  the  duties 
thereof,  until  the  governor  shall,  by  his  j^roclamation,  declare  such 
offices  vacant. 

Sec.  3.  The  several  judicial  circuits  of  the  circuit  courts  shall  be  as 
follows :  The  first  judicial  circuit  shall  be  composed  of  the  counties  of 
Escambia,  Santa  Eosa,  Walton,  Holmes,  Washington,  and  Jackson; 
the  second  judicial  circuit  shall  be  composed  of  the  counties  of  (xads- 
den,  Liberty,  Calhoun,  Franklin,  Leon,  Wakulla,  and  Jefferson;  the 
third  judicial  circuit  shall  be  composed  of  the  counties  of  Madison, 
Taylor,  La  Fayette,  Hamilton,  Suwannee,  and  Columbia ;  the  fourth 
judicial  circuit  shall  be  composed  of  the  counties  of  Xassau,  Duval, 
Baker,  Bradford,  Clay,  and  Saint  John's;  the  fifth  judicial  circuit 
shall  be  composed  of  the  counties  of  Putnam,  Alachua,  Levy,  Marion, 
and  Sumter;  the  sixth  judicial  circuit  shall  be  composed  of  the  coun- 
ties of  Hernando,  Hillsljorough,  Manatee,  Polk,  and  Monroe ;  the  sev- 
enth judicial  circuit  shall  be  composed  of  the  counties  of  Volusia, 
Brevard,  Orange,  and  Dade. 

Sec.  4.  The  salary  of  the  governor  of  the  State  shall  be  $5,000  per 
annum;  that  of  the  chief-justice  shall  be  $4,500;  that  of  each  asso- 
ciate justice  shall  be  $4,000;  that  of  each  judge  of  the  circuit  court 
shall  be  $3,500;  that  of  the  lieutenant-governor  shall  be  $2,500;  that 
of  each  cabinet  officer  shall  be  $3,000.  The  pay  of  the  members  of  the 
senate  and  house  of  representatives  shall  be  $500  per  annum,  and  in 
addition  thereto  ten  cents  per  mile  for  each  mile  (raveled  from  their 
respective  places  of  residence  to  (he  capital,  and  the  sanu^  to  leturn. 
But  such  distances  shall  be  estimated  by  the  shortest  general  public; 
thoroughfare.  All  other  officers  of  the  State  shall  be  paid  by  fees  as 
per  diem  fixed  by  law. 

Sec.  5.  The  legislature  shall  appropriate  $2,000  each  year  for  the 
purchase  of  such  books  for  the  supreme  court  library  as  the  said  court 
shall  direct. 

Sec.  6.  The  salary  of  each  officer  shall  be  payable  (iuar(erly  upon 
his  own  requisition. 


724  Florida— 1868 

Sec.  7.  The  tribe  of  Indians  located  in  the  southern  portion  of  the 
State,  and  known  as  the  Seminole  Indians,  shall  be  entitled  to  one 
member  in  each  house  of  the  legislature.  Such  member  shall  have  all 
the  rights,  2)rivileges,  and  rennmeration  as  other  members  of  the  legis- 
lature. Such  meml)ers  shall  be  elected  by  the  members  of  their  tribe, 
in  the  maner  prescribed  for  all  elections  by  this  constitution.  The 
tribe  shall  be  represented  only  by  a  meml)er  of  the  same,  and  in  no 
case  by  a  white  man:  Prodded^  That  the  representatives  of  the 
Seminole  Indians  shall  not  be  a  bar  to  the  representation  of  any 
county  by  the  citizens  thereof. 

Sec.  8.  The  legislature  may  at  any  time  impose  such  tax  on  the 
Indians  as  they  may  deem  proper;  and  such  imposition  of  tax  shall 
constitute  the  Indians  citizens,  and  they  shall  thenceforward  be  en- 
titled to  all  the  privileges  of  other  citizens,  and  thereafter  be  liarred  of 
special  representation. 

Sec.  9.  In  addition  to  other  crimes  and  misdemeanors  for  which  an 
officer  may  be  impeached  and  tried,  shall  be  included  drunkenness 
and  other  dissipations ;  incompetency,  malfeasance  in  office,  gambling, 
or  any  conduct  detrimental  to  good  morals  shall  be  considered  sutR- 
cient  cause  for  impeachment  and  conviction.  Any  officer,  when 
impeached  by  the  assembly,  shall  be  deemed  under  arrest,  and  shall  be 
disqualified  from  performing  any  of  the  duties  of  his  office  until 
acquitted  by  the  senate.  But  any  officer  so  impeached  and  in  arrest 
may  demand  his  trial  by  the  senate  within  ten  days  of  the  date  of  his 
impeachment. 

Sec.  10.  The  following  shall  be  the  oath  of  office  for  each  officer  in 
the  State,  including  members  of  the  legislature :  "  I  do  solemnly  swear 
that  I  will  support,  protect,  and  defend  the  Constitution  and  Govern- 
ment of  the  United  States,  and  of  the  State  of  Florida,  against  all 
enemies,  domestic  or  foreign,  and  that  I  will  bear  true  faith,  loyalty, 
and  allegiance  to  the  same,  and  that  I  am  entitled  to  hold  office  under 
this  constitution;  that  I  will  well  and   faithfully  perform  all  the 

duties  of  the  office  of ,  which  I  am  about  to  enter :  so  help  me 

God." 

Sec.  11.  The  legislature  may  provide  for  the  donation  of  the  public 
lands  to  actual  settlers;  but  such  donation  shall  not  exceed  one 
hundred  and  sixty  acres  to  any  one  person. 

Sec.  12.  All  county  officers  shall  hold  their  respective  offices  at  the 
county  seats  of  their  counties. 

Sec.  13.  The  legislature  shall  provide  for  the  speedy  publication  of 
all  statutes  and  laws  of  general  nature.  All  decisions  of  the  supreme 
court,  and  all  laws  and  judicial  decisions,  shall  be  for  free  publication 
by  any  person.  But  no  judgment  of  the  supreme  court  shall  take 
effect  and  be  operative  until  the  opinion  of  the  court  in  such  case 
shall  be  filed  with  the  clerk  of  said  court. 

Sec.  14.  The  legislature  shall  not  create  any  office,  the  term  of 
which  shall  be  longer  than  four  years. 

Sec.  15.  The  governor,  cabinet,  and  supreme  court  shall  keep  their 
offices  at  the  seat  of  government.  But  in  case  of  invasion  or  violent 
epidemics,  the  governor  may  direct  that  the  offices  of  the  government 
shall  be  removed  temporarily  to  some  other  place.  The  session  of 
the  legislature  may  be  adjiourned  for  the  same  cause  to  some  other 


Florida— 1868  725 

place ;  but  in  such  case  of  removal  all  the  departments  of  the  govern- 
ment shall  be  removed  to  one  place.  But  such  removal  shall  not  con- 
tinue longer  than  the  necessity  for  the  same  shall  continue. 

Sec.  1G.  A  plurality  of  votes  given  at  an  election  by  the  people 
shall  constitute  a  choice  when  not  otherwise  provided  by  this  con- 
stitution. 

Sec.  17.  The  term  of  the  State  officers  elected  at  the  first  election 
under  this  constitution,  not  otherwise  provided  for,  shall  continue 
until  the  first  Tuesday  of  January,  A.  D.  1873,  and  until  the  installa- 
tion of  their  successors,  excepting  the  members  of  the  legislature. 

Sec.  18.  Each  county  and  incorporated  city  shall  make  provision 
for  the  support  of  its  own  officers,  subject  to  such  regulations  as  may 
be  prescribed  by  law.  Each  county  shall  make  provision  for  buihling 
a  court-house  and  jail,  and  for  keeping  the  same  in  good  repair. 

Sec.  19.  If  at  the  meeting  of  the  senate  at  any  session  the  lieuten- 
ant-governor has  not  been  qualified  or  is  not  present,  the  senate  shall 
elect  one  of  its  members  as  temporary  president  before  proceeding  to 
other  business. 

Sec.  20.  The  legislature  shall  at  the  first  session  adopt  a  seal  for 
the  State,  and  such  seal  shall  be  of  the  size  of  the  American  silver 
dollar.  But  said  seal  shall  not  again  be  changed  after  its  adoption  by 
the  legislature;  and  the  governor  shall,  by  his  proclamation,  an- 
nounce that  the  said  seal  has  become  the  great  seal  of  the  State. 

Sec.  21.  The  governor,  lieutenant-governor,  and  all  the  State  offi- 
cers elected  by  the  people  shall  be  installed  on  the  first  day  of  the 
meeting  of  the  legislature,  and  immediately  assume  the  duties  of 
their  respective  offices. 

Sec.  22.  The  governor  and  lieutenant-governor  shall  have  been, 
before  their  election  to  office,  nine  years  a  citizen  of  the  United  States, 
and  three  years  a  citizen  of  the  State.  All  other  officers  shall  have 
been  one  j^nir  a  citizen  of  the  State,  and  six  months  a  citizen  of  the 
county  from  which  they  are  elected  or  appointed.  Xo  person  shall 
be  eligible  to  any  office  unless  he  be  a  registered  voter. 

Sec.  23.  The  governor  or  any  State  officer  is  hereby  prohibited 
from  giving  certificates  of  election  or  other  credentials  to  any  person 
as  having  been  elected  to  the  House  of  Representatives  of  the  United 
States  Congress,  or  the  United  States  Senate,  who  has  not  been  two 
years  a  citizen  of  the  State,  and  nine  years  a  citizen  of  the  United 
States,  and  a  registered  voter. 

Sec.  24.  The  property  of  all  corporations,  whether  heretofore  or 
hereafter  incorporated,  shall  be  subject  to  taxation,  unless  such  cor- 
poration be  for  religious,  educational,  or  charitable  purposes. 

Sec.  25.  All  bills,  bonds,  notes,  or  evidences  of  debt  outstanding 
and  unpaid,  given  for  or  in  consideration  of  bonds  or  treasury-notes 
of  the  so-called  Confederate  States,  or  notes  and  bonds  of  this  State 
paid  and  redeemable  in  tlie  bonds  and  notes  of  the  Confederate 
States,  are  hereby  declared  null  and  void,  and  no  action  shall  be  main- 
tained thereon  in  the  courts  of  this  State. 

Sec.  20.  It  shall  be  the  duty  of  the  courts  to  consider  that  there  is 
a  failure  of  consideration,  and  it  shall  be  so  held  by  the  courts  of  this 
State,  upon  all  deeds  or  bills  of  sale  given  for  slaves  with  covenant  or 
warrantee  of  title  or  soundness,  or  both ;   upon  all  bills,  bonds,  notes, 


726  Florida— 1868 

or  other  evidences  of  debt,  given  for  or  in  consideration  of  slaves, 
which  are  now  outstanding  and  unpaid,  and  no  action  shall  be  main- 
tained thereon;  and  all  judgments  and  decrees  rendered  in  any  of 
the  courts  of  this  State  since  the  10th  day  of  January,  A.  D.  1861, 
upon  all  deeds  or  bills  of  sale,  or  upon  any  bond,  bill,  note,  or  other 
evidence  of  debt  based  upon  the  sale  or  purchase  of  slaves,  are  hereby 
declared  set  aside,  and  the  plea  of  failure  of  consideration  shall  be 
held  a  good  defence  in  all  actions  to  said  suit ;  and  that  Avhen  money 
was  due  previous  to  the  10th  day  of  January,  1861,  and  slaves  were 
given  in  consideration  for  such  money,  these  shall  be  deemed  a  failure 
of  consideration  for  the  debt:  Provided.  That  settlements  and  com- 
promises of  such  transaction  made  by  the  parties  thereto  shall  be 
respected. 

Sec.  27.  All  persons  who,  as  alien  enemies  under  the  sequestration 
act  of  the  so-called  confederate  congress,  and  now  resident  of  the 
State,  had  property  sequestered  and  sold  by  any  person  acting  under 
a  law  of  the  so-called  Confederate  States,  or  the  State  of  Florida, 
subsequent  to  the  10th  day  of  January,  A.  D.  1861,  and  prior  to  the 
1st  day  of  January,  1865,  shall  be  empowered  to  file  a  bill  in  equity  in 
the  circuit  court  of  the  State,  and  shall  be  entitled  to  obtain  judgment 
against  the  State  for  all  damages  sustained  by  said  sale  and  detention 
of  property.  The  court  shall  estimate  the  damages  upon  the  assessed 
valuation  of  the  property  in  question  in  the  year  A.  D.  1870,  with 
interest  at  six  per  cent,  from  the  time  the  owner  was  deprived  of  the 
same. 

But  all  judgments  against  the  State  shall  be  paid  only  in  certifi- 
cates of  indebtedness,  redeemable  in  State  lands.  Said  certificates 
shall  be  issued  by  the  governor,  countersigned  by  the  secretary  of 
state  and  by  the  comptroller,  upon  the  decree  of  the  court.  Oral  tes- 
timony shall  be  sufficient  to  establish  the  fact  of  a  sale  having  been 
made. 

Sec.  28.  There  shall  be  no  civil  or  political  distinction  in  this  State 
on  account  of  race,  color,  or  previous  condition  of  servitude,  and  the 
legislature  shall  have  no  power  to  prohibit  by  law  any  class  of  per- 
sons, on  account  of  race,  color,  or  previous  condition  of  servitude,  to 
vote  or  hold  any  office,  beyond  the  conditions  prescribed  by  this 
constitution. 

Sec.  29.  The  apportionment  for  the  assembly  shall  be  as  follows :  Es- 
cambia, two;  Santa  Rosa,  one;  Walton,  one;  Holmes,  one;  Washing- 
ton, one;  Jackson,  three;  Calhoun,  one;  Gadsden,  two;  Franklin,  one; 
Liberty,  one;  Wakulla,  one,  Leon,  four;  Jefferson,  three;  Madison, 
two;  Taylor,  one;  Hamilton,  one;  Suwannee,  one:  La  Fayette,  one: 
Alachua,  two;  Columbia,  two;  Baker,  one;  Bradford,  one;  Nassau, 
one;  Duval,  two;  Clay,  one;  Saint  John's  one;  Putnam,  one;  Marion, 
two;  LevA^,  one;  Volusia,  one;  Orange,  one;  Brevard,  one;  Dade,  one; 
Hillsborough,  one ;  Hernando,  one ;  Sumter,  one ;  Polk,  one ;  Manatee, 
one,  and  Monroe,  one.  There  shall  be  twenty-four  senatorial  districts, 
which  shall  be  as  follows,  and  shall  be  known  by  their  respective  num- 
bers from  one  to  twenty-four  inclusive:  The  first  senatorial  district 
shall  be  composed  of  Escambia  county ;  the  second  of  Santa  Rosa  and 
Walton ;  the  third,  of  Jackson ;  the  fourth,  of  Volusia  and  Washing- 
ton; the  fifth,  of  Calhoun  and  Franklin;  the  sixth,  of  Gadsden;  the 


Florida— 1868  727 

seventh,  of  Libertj-  and  "Wakulla ;  the  eighth,  of  Leon ;  the  ninth,  of 
Jefferson;  the  tenth,  of  Madison;  the  eleventh,  of  Hamilton  and 
Suwannee;  the  twelfth,  of  La  Fayette  and  Taylor;  the  thirteenth,  of 
Alachua  and  Levy ;  the  fourteenth,  of  Columbia ;  the  fifteenth,  of 
Bradford  and  Clay;  the  sixteenth,  of  Baker  and  Nassau;  the  seven- 
teenth, of  Saint  John's  and  Putnam;  the  eighteenth,  of  Duval;  the 
nineteenth,  of  Marion;  the  twentieth,  of  Yolusia  and  Orange;  the 
twenty-first,  of  Dade  and  Brevard :  the  twenty-second,  of  Hillsbor- 
ough and  Hernando;  the  twenty-third,  of  Sumter  and  Polk;  the 
twenty-fourth,  of  Manatee  and  Monroe;  and  each  senatorial  dis- 
trict shall  be  entitled  to  one  senator. 

Sec.  30.  Xo  person  shall  ever  be  appointed  a  judge  of  the  supreme 
court  or  circuit  court  who  is  not  twenty-five  years  of  age  and  practis- 
ing attorney. 

Sec.  31.  The  legislature  shall,  as  soon  as  convenient,  adopt  a  State 
emblem,  having  the  design  of  the  great  seal  of  the  State  impressed 
upon  a  Avhite  ground,  of  six  feet  six  inches  fly  and  six  feet  deep. 

Article  XVIII 

AMENDMENTS 

Any  amendment  or  amendments  to  this  constitution  may  be  pro- 
posed in  either  branch  of  the  legislature:  and  if  the  same  shall  be 
agreed  upon  b}'  a  two-thirds  vote  of  all  the  members  elected  to  each 
of  the  two  houses,  such  proposed  amendment  or  amendments  shall 
be  entered  on  their  respective  journals,  with  the  yeas  and  nays 
thereon,  and  referred  to  the  legislature  then  next  to  be  chosen,  and 
shall  be  published  for  three  months  next  preceding  the  time  of  mak- 
ing such  choice;  and  if,  in  the  legislature  next  chosen  as  aforesaid, 
such  proposed  amendment  or  amendments  shall  be  agreed  to  by  a 
two-thirds  vote  of  all  the  members  elected  to  each  house,  then  it 
should  be  the  duty  of  the  legislature  to  submit  such  i)roposed  amend- 
ment or  amendments  to  the  people  in  such  manner  and  at  such  time 
as  the  legislature  may  prescribe;  and  if  the  people  shall  approve  and 
ratify  such  amendment  or  amendments  by  a  majority  of  the  electors 
qualified  to  vote  for  members  of  the  legislature  voting  thereon,  such 
amendment  or  amendments  shall  become  a  part  of  the  constitution. 

Sec.  2.  If  at  any  time  the  legislature,  by  a  vote  of  a  majority  of  all 
the  members  elected  to  each  of  the  two  houses,  shall  determine  that  it 
is  necessary  to  cause  a  revision  of  this  entire  constitution,  such  deter- 
mination shall  be  entered  on  their  respective  journals,  with  the  yeas 
and  nays  thereon,  and  referred  to  the  legislature  then  next  to  be 
chosen,  and  shall  be  ])ul)lished  for  three  months  next  preceding  the 
time  of  making  such  choice. 

And  if  in  the  legislature  next  chosen  aforesaid  such  proposed 
revision  shall  be  agreed  by  a  majority  of  all  the  members  elected  to 
each  house,  then  it  shall  be  the  duty  of  the  legislature  to  recommend 
to  the  electors  of  the  next  election  for  members  of  the  legislature  to 
vote  for  or  against  a  convention;  and  if  it  shall  appear  that  a 
majority  of  the  electors  voting  at  such  election  shall  have  voted  in 
favor  of  calling  a  convention,  the  legislature  shall,  at  its  next  session, 


728  Florida— 1870 

I)rovide  by  law  for  a  convention,  to  be  holden  within  six  months 
after  tlie  passage  of  such  law,  and  such  convention  shall  consist  of 
a  number  of  members  not  less  than  both  branches  of  the  legislature. 

In  determining  what  is  a  majority  of  the  electors  voting  at  such 
election,  reference  shall  be  had  to  the  highest  number  of  votes  cast 
at  such  election  for  the  candidates  for  any  office  or  on  anj^  question. 

Done  in  open  convention.  In  witness  whereof,  we,  the  under- 
signed delegates,  representing  the  people  of  Florida,  in  convention 
assembled,  do  hereunto  affix  our  names  this  twenty-fifth  day  of 
February,  one  thousand  eight  hundred  and  sixty-eight,  and  of  the 
Independence  of  the  United  States  the  ninety-second,  and  the  secre- 
tary doth  countersign  the  same. 

Horatio  Jexkixs,  Jr.,  President. 

S.  CoNANT,  Secretary. 


AMENDMENTS  TO  THE  CONSTITUTION  OF  1868  « 
(Ratified  ISTO) 

Article  I.  The  salary  of  the  governor  of  the  State  shall  be  three 
thousand  five  hundred  dollars  per  annum;  that  of  each  justice  of  the 
supreme  court  shall  be  three  thousand  dollars;  that  of  each  judge  of 
the  circuit  courts  shall  be  two  thousand  five  hundred  dollars;  that 
of  each  cabinet  officer  shall  be  two  thousand  dollars ;  that  of  the  lieu- 
tenant-governor shall  be  five  hundred  dollars,  and  he  shall  receive  the 
.same  mileage  as  members  of  the  legislature.  The  pay  of  members 
of  the  legislature  shall  be  a  per  diem,  to  be  fixed  by  law,  for  each 
daj^'s  actual  attendance,  and  in  addition  thereto  ten  cents  per  mile 
for  travelling-expenses  for  each  mile  from  their  respective  places  of 
residence  to  the  capital,  estimated  by  the  shortest  thoroughfare,  and 
the  same  to  return.  All  other  officers  of  the  State  shall  be  paid  by 
fees  or  per  diem,  fixed  by  law.  Xo  legislature  shall  increase  its  own 
pay. 

Art.  II.  The  several  members  of  the  cabinet  of  administrative  of- 
ficers shall  be  elected  by  the  people. 

Art.  III.  The  sixth  and  seventh  judicial  districts  are  hereby 
abolished,  and  the  limits  of  the  first,  second,  third,  fourth,  and  fifth 
judicial  districts  shall  be  defined  by  law. 

Art.  IV.  The  offices  of  surveyor-general  and  commissioner  of  im- 
migration are  hereb}^  consolidated  under  the  name  of  commissioner 
of  lands  and  immigration. 

Art.  V.  The  thirteenth  section  of  the  sixth  article  of  the  constitu- 
tion is  hereby  abrogated. 

Art.  VI.  The  third,  fifth,  and  twenty-seventh  sections  of  the  six- 
teenth article  of  the  constitution  are  hereby  abrogated. 

Art.  VII.  The  number  of  terms  of  the  supreme  court,  and  the  time 
of  holding  the  same,  shall  be  fixed  by  law. 

Art.  VIII.  The  legislature  shall  have  power  to  prescribe  regula- 
tions for  calling  into  the  supreme  court  a  judge  of  the  circuit  court,  to 
hear  and  determine  any  matter  pending  before  the  court,  in  the  place 

a  These  amendments  were  passed  at  two  successive  sessions  of  the  legislature, 
and  then  ratified  by  the  people. 


Florida— 1875  729 

of  an}'  justice  thereof  who  shall  be  disqualified  or  disabled  in  such 
case  from  interest  or  other  cause. 

Art,  IX.  That  the  following  portion  of  section  nine.  Article  XVI, 
of  the  constitution  is  hereby  abrogated : 

"  Any  officer  when  impeached  b}^  the  assembly  shall  be  deemed 
under  arrest,  and  shall  be  disqualified  from  performing  any  of  the 
duties  of  his  office  until  acquitted  by  the  senate;  but  any  officer  so 
impeached  and  in  arrest  may  demand  his  trial  by  the  senate  within 
one  year  frpm  the  date  of  his  impeachment." 

(Ratified  1875) 

Article  I.  Section  two  of  article  four  of  the  constitution  is  hereby 
amended  so  as  to  read  as  follows : 

Sec.  2.  From  and  after  the  first  Tuesdaj^  after  the  first  Monday  in 
January,  A.  D.  one  thousand  eight  hundred  and  seventj^-seven,  the 
regular  sessions  of  the  legislature  shall  be  held  biennially,  commenc- 
ing on  said  day  and  on  the  corresponding  day  of  every  second  year 
thereafter,  but  the  governor  may  convene  the  same  in  extra  session 
by  his  proclamation. 

Art.  II.  Section  twenty-nine  of  article  four  of  the  constitution  is 
hereby  amended  so  as  to  read  as  follows : 

Sec.  29.  The  assembly  shall  have  the  sole  power  of  impeachment-^ 
but  a  vote  of  two-thirds  of  all  the  members  present  shall  be  required 
to  impeach  any  officer,  and  all  impeachments  shall  be  tried  by  the 
senate.  When  sitting  for  that  purpose  the  senators  shall  be  upon  oath 
or  affirmation,  and  no  person  shall  be  convicted  without  the  concur- 
rence of  two-thirds  of  the  senators  present.  The  senate  may  adjourn 
to  a  fixed  day  for  the  trial  of  any  impeachment,  and  may  sit  for  the 
jtui-pose  of  such  trial  whether  the  assembly  be  in  session  or  not,  but 
the  time  fixed  for  such  trial  shall  not  l)e  more  than  six  months  from 
the  time  articles  of  impeachment  shall  be  ])referred  by  the  assembly. 
The  chief-justice  shall  preside  at  all  trials  by  impeachment  except  in 
the  trial  of  the  chief-justice,  when  the  lieutenant-governor  shall  pre- 
side. The  governor,  lieutenant-governor,  members  of  the  cabinet, 
justices  of  the  supreme  court,  and  judges  of  the  circuit  court,  shall 
be  liable  to  iin])eachment  for  any  misdemeanoi'  in  office,  but  judgment 
in  such  cases  shall  extend  only  to  removal  fi'oni  office  and  dis(|uali- 
fication  to  hold  any  office  of  honor,  trust,  or  profit  under  the  State, 
but  the  party  convicted  or  acquitted  shall  nevertheless  be  liable  to 
indictment,  trial,  and  punishment  according  to  law.  All  other  officers 
who  shall  haA'e  been  appointed  to  office  by  the  governor,  and  by  and 
with  the  consent  of  the  senate,  may  be  removed  from  office  ui)on  the 
recommendation  of  the  governor,  and  consent  of  the  senate,  but  they 
shall  nevertheless  be  liable  to  indictment,  trial,  and  punishment  ac- 
cording to  law  for  any  misdemeanor  in  office.  All  other  civil  officers 
shall  be  tried  for  misdemeanor  in  office  in  such  manner  as  the  legis- 
lature may  provide. 

Art.  III.  Section  seven  of  article  twelve  of  the  constitution  is 
hereby  amended  so  as  to  read  as  follows : 

Sec.  7.  The  legislature  shall  have  power  to  provide  for  issuing 
State  bonds  bearing  interest  for  securing  the  debt  of  the  State,  for  the 
erection  of  State  buildings,  and  for  the  sujiport  of  State  institutions, 
but  the  credit  of  the  State  shall  not  be  pledged  or  loaned  to  any 


730  Florida— 1875 

individual  company,  corporation,  or  association;  nor  shall  the  State 
become  a  joint  owner  or  stockholder  in  any  company,  association,  or 
coriDoration.  The  legislature  shall  not  authorize  any  county,  city, 
borough,  township,  or  incorporated  district  to  become  a  stockholder 
in  any  company,  association,  or  corporation,  or  to  obtain  or  appro- 
priate money  for,  or  to  loan  its  credit  to,  any  corporation,  association, 
institution,  or  individual. 

Art.  IV.  Section  five  of  article  six  of  the  constitution  is  hereby 
amended  so  as  to  read  as  follows: 

Sec.  5.  The  supreme  court  shall  have  appellate  jurisdiction  in  all 
cases  at  law  and  in  equity  commenced  in  circuit  courts  and  of  appeal 
from  the  circuit  court  in  cases  arising  in  the  county  court  as  a  court 
of  probate,  and  in  the  management  of  the  estates  of  infants,  and  in 
all  criminal  cases  commenced  in  the  circuit  court.  The  court  shall 
haA-e  power  to  issue  writs  of  mandamus,  certiorari,  prohibition,  quo 
warranto,  habeas  corpus,  and  also  all  writs  necessary  or  proper  to  the 
complete  exercise  of  its  jurisdiction.  Each  of  the  justices  shall  have 
the  power  to  issue  wants  of  habeas  corpus  to  any  part  of  the  State 
upon  petition  by  or  on  behalf  of  any  person  held  in  actual  custody, 
and  may  make  such  writs  returnable  before  himself  or  the  supreme 
court,  or  an}^  justice  thereof,  or  before  any  circuit  judge. 

Section  eight  of  article  six  of  the  constitution  is  hereby  amended  so 
as  to  read  as  f olows : 

Sec.  8.  The  circuit  courts  shall  have  original  jurisdiction  in  all 
cases  in  equity,  also  in  all  cases  at  law  in  which  the  demand  or  the 
value  of  the  propert}^  involved  exceeds  one  hundred  dollars,  and  of 
all  cases  involving  the  legality  of  any  tax  assessment,  toll,  or  munici- 
pal fine,  and  of  the  action  of  forcible  entry  and  unlawful  detainer, 
and  of  actions  involving  the  titles  or  right  of  possession  of  real  estate, 
and  of  all  criminal  cases,  except  such  as  may  be  cognizable  by  law  by 
inferior  courts.  They  shall  haA'e  appellate  jurisdiction  of  matters 
pertaining  to  the  probate  jurisdiction  and  the  estates  and  interests  of 
minors  in  the  county  courts,  and  of  such  other  matters  as  may  be  pro- 
vided by  law.  and  final  appellate  jurisdiction  in  all  civil  cases  arising 
in  the  court  of  a  justice  of  the  peace  in  which  the  amount  or  value  of 
proi^erty  involved  is  twenty-fiA'e  dollars  and  upwards,  and  of  mis- 
demeanors tried  before  q.\\j  justice's  or  mayor's  court.  The  circuit 
courts  and  judges  shall  have  power  to  issue  writs  of  mandamus,  in- 
junction, quo  warranto,  certiorari,  habeas  corpus,  and  all  writs  proper 
and  necessary  to  the  complete  exercise  of  their  jurisdiction. 

Section  ten  of  article  six  of  the  constitution  is  hereby  abrogated. 

Section  eleven  of  article  six  of  the  constitution  is  hereby  amended 
so  as  to  read  as  follows : 

Sec.  11.  The  county  court  shall  have  jDower  to  take  probate  of  wills, 
to  grant  letters  testamentary,  and  of  administration  and  guardian- 
ship, to  attend  to  the  settlement  of  the  estates  of  decedents  and  of 
minors,  and  to  discharge  the  duties  usually  pertaining  to  courts  of 
jDrobate.  subject  to  the  direction  and  supervision  of  the  appellate 
and  equity  jurisdiction  of  the  circuit  court  as  may  be  provided  by 
law.  And  the  county  judges  shall  have  and  exercise  the  civil  and 
criminal  jurisdiction  of  justices  of  the  peace.  They  may  also  have 
jurisdiction  of  such  proceedings  relating  to  the  forcible  entry  or  un- 
lawful detention  of  lands  and  tenements  subject  to  the  appellate 
jurisdiction  of  the  circuit  court  as  may  be  provided  by  law. 


Florida— 1875  731 

Section  fifteen  of  article  six  of  the  constitution  is  hereby  amended 
so  as  to  read  as  follows : 

Sec.  15.  The  governor  shall  appoint  as  many  justices  of  the  peace  as 
he  may  deem  necessary.  Justices  of  the  peace  shall  have  jurisdiction 
in  civil  actions  at  law  in  cases  in  Avhich  tlie  amount  or  value  involved 
does  not  exceed  one  hundred  dollars;  and  in  criminal  cases  their 
powers  shall  be  fixed  by  law.  Their  powers,  duties,  and  responsi- 
bilities shall  be  regulated  by  law.  They  nuiy  hold  their  oflices  for  the 
term  of  four  years,  subject  to  remoA'al  by  the  governor  for  reasons 
satisfactory  to  him. 

Art.  V.  Section  seven  of  article  six  of  the  constitution  is  hereby 
amended  so  as  to  read  as  follows : 

Sec.  7.  There  shall  be  five  circuit  judges  appointed  by  the  governor 
and  confirmed  1)y  the  senate,  who  shall  hold  their  respective  oflices 
for  the  term  of  six  years  from  the  time  of  their  qualification.  The 
State  shall  be  divided  into  five  judicial  circuits  as  defined  in  this  con- 
stitution, and  the  judge  of  each  circuit  shall  reside  in  the  circuit  to 
which  he  shall  be  appointed.  Each  judge  shall  hold  the  terms  of  the 
court  at  such  times  and  places  as  may  be  prescribed  by  law,  and  he 
may  hold  special  terms  with  or  without  juries.  The  chief -justice 
may,  in  his  discretion,  order  a  temj^orary  exchange  of  circuits  by  the 
respective  judges,  or  designate  any  judge  to  hold  a  general  or  special 
term,  or  part  of  a  term,  in  any  other  circuit  than  that  one  in  which 
he  resides. 

Section  three  of  article  sixteen  of  the  constitution  is  hereby 
amended  so  as  to  read  as  follows : 

Sec.  3.  The  several  judicial  circuits  of  the  circuit  courts  shall  be 
as  follows: 

The  first  judicial  circuit  shall  be  composed  of  the  counties  of 
Escambia,  Santa  Rosa,  Walton,  Holmes,  AVashington,  Jackson,  Cal- 
houn, and  Franklin. 

The  second  judicial  circuit  shall  be  composed  of  the  counties  of 
Libertv,  Gadsden,  Leon,  AVakulla.  Jefferson,  Madison,  Tavlor,  and 
La  Fayette. 

The  third  judicial  circuit  shall  be  composed  of  the  counties  of 
Hamilton,  SuAvannee,  Columbia,  Baker,  Bradford,  Alachua,  and 
Levy. 

The  fourth  judicial  circuit  shall  be  composed  of  the  counties  of 
Nassau,  Duval,  Clay.  Saint  Johns,  Putnam,  Volusia,  Orange,  Bre- 
vard, aud  Dade. 

The  fifth  judicial  circuit  shall  be  composed  of  the  counties  of 
Marion,  Sumpter,  Hernando,  Hillsborough,  Polk,  Manatee,  and 
Monroe. 

Art.  VI.  Section  twelve  of  article  six  of  the  constitution  is  hereby 
amended  so  as  to  read  as  follows : 

Sec.  12.  Grand  and  petit  jurors  shall  be  taken  from  the  registered 
A'oters  of  the  respective  counties.  The  number  of  jurors  for  the 
trial  of  causes  in  any  court  nuiy  be  fixed  by  law. 

Art.  VII.  Sections  seven  and  eight  of  article  sixteen  of  the  con- 
stitution are  hereby  abrogated. 

Art.  VIII.  Section  tAventy-four  of  article  sixteen  of  the  constitu- 
tion is  hereby  amended  so  as  to  read  as  follows: 

Sec.  24.  The  property  of  all  corporations,  whether  heretofore  or 
hereafter   incorporated,   shall    be    subject   to    taxation,    unless    such 


732  Florida— 1885 

property  be  held  and  used  exclusively  for  religious,  educational,  or 
charitable  purposes. 

Art,  IX.  Section  twenty-two  of  article  five  of  the  constitution 
shall  read  as  follows : 

Sec.  22.  The  governor  shall  have  power  to  disapprove  of  any  item 
or  items  of  any  bill  making  appropriations  of  money  embracing 
distinct  items,  and  the  j)art  or  parts  of  the  bill  approved  shall  be  the 
law,  and  the  item  or  items  of  appropriation  disapproved  shall  be  void 
unless  repassed  according  to  the  rules  and  limitations  prescribed  for 
the  passage  of  other  bills  over  the  executive  veto. 

Art.  X.  Section  fourteen  of  article  five  of  the  constitution  is 
hereby  amended  so  as  to  read  as  follows : 

Sec.  14.  A  lieutenant-governor  shall  be  elected  at  the  same  time 
and  places  and  in  the  same  manner  as  the  governor,  whose  term  of 
office  and  eligibility  shall  also  be  the  same.  He  shall  be  the  president 
of  the  senate,  but  shall  only  have  a  casting  vote  therein.  In  the  case 
of  the  impeachment  of  the  governor  or  his  removal  from  office,  death, 
inability  to  discharge  his  official  duties,  or  resignation,  the  power  and 
duties  of  the  office  shall  devolve  upon  the  lieutenant-governor  for  the 
residue  of  the  term,  or  until  the  disability  shall  cease.  In  the  case  of 
the  impeachment  of  the  lieutenant-governor  or  his  removal  from  office, 
death,  inabilitj^  to  discharge  his  official  duties,  or  resignation,  the 
power  and  duties  of  the  office  shall  devolve  upon  the  president  pro 
tempore  of  the  senate. 

In  case  a  vacancy  shall  occur  both  in  the  offices  of  governor  and  lieu- 
tenant-governor, the  legislature  shall  at  its  next  session  order  an 
election  to  fill  such  vacancies.  But  the  governor  shall  not,  without 
the  consent  of  the  legislature,  be  out  of  the  State  in  time  of  war. 

Section  fifteen  of  article  five  of  the  constitution  is  hereby  abrogated. 

Art.  XI.  Section  sixteen  of  article  five  of  the  constitution  is  hereby 
amended  so  as  to  read  as  follows: 

Sec.  16.  The  governor  may  at  any  time  require  the  opinion  of  the 
justices  of  the  suj^reme  court  as  to  the  interpretation  of  any  portion  of 
this  constitution  upon  any  question  alfecting  his  executive  powers  and 
duties,  and  the  justices  shall  render  such  opinion  in  writing. 

CONSTITUTION  OF  FLORIDA— 1885  * 
preamble 

We,  the  people  of  the  State  of  Florida,  grateful  to  Almighty  God 
for  our  constitutional  liberty,  in  order  to  secure  its  blessings  and  to 
form   a   more    perfect   government,   insuring   domestic   tranquility, 

*  This  constitution  was  framed  by  a  convention  which  met  at  Tallahassee 
June  9.  1885.  and  completed  its  labors  August  3,  1885.  It  was  submitted  to  the 
people  and  ratified. 

Verified  by  a  copy  of  the  constitution  supplied  by  Hon.  .John  L.  Crawford, 
Secretary  of"  State.  Published  Tallahassee,  Fla. :  1889.  Floridian  Steam  Print- 
ing House,  N.  M.  Bowen.  proprietor. 

See  also  '*  .Tournal  of  the  Proceedings  of  the  Constitutional  Convention  of  the 
State  of  Florida  which  convened  at  the  capitol,  at  Tallahassee,  on  Tuesday, 
.Tune  8,  1885.  Tallahassee,  Fla. :  N.  M.  Bowen,  State  Printer,  1885."  pp.  589- 
G27. 

See  also  Constitution  of  the  State  of  Florida,  adopted  by  the  Convention  of 
1885.  [As  amended.]  E.  O.  Painter  &  Co.,  printers,  De  Land,  Florida.  1898. 
Ill  pp. 


Florida— 1885  .  733 

maintaining  public  order,  and  guaranteeing  equal  civil  and  political 
rights  to  all,  do  ordain  and  establish  this  Constitution. 

DECLARATIOX    OF    RIGHTS 

Section  1.  All  men  are  equal  l)efore  the  law,  and  have  certain 
inalienable  rights,  among  which  are  those  of  enjoying  and  defending 
life  and  liberty,  acquiring,  possessing  and  protecting  property,  and 
pursuing  happiness  and  obtaining  safety. 

Sec.  2.  All  political  power  is  inherent  in  the  people.  (lovernment 
is  instituted  for  the  ])rotection,  security'  and  benefit  of  the  citizens,  and 
they  have  the  right  to  alter  or  auiend  the  same  whenever  the  })ublic 
good  may  require  it;  but  the  paramount  allegiance  of  every  citizen 
is  due  to  the  Federal  (xovernment,  and  the  people  of  this  State  have  no 
power  to  dissolve  its  connection  therewith. 

Sec.  3.  The  right  of  trial  hy  jury  shall  be  secured  to  all,  and  remain 
inviolate  forever. 

Sec.  4.  All  courts  in  this  State  shall  be  open,  so  that  every  person 
for  any  injury  done  him  in  his  lands,  goods,  person  or  reputation 
shall  have  remedy,  by  due  course  of  law,  and  right  and  justice  shall 
be  administered  without  sale,  denial  or  delay. 

Sec.  5.  The  free  exercise  and  enjoyment  of  religous  profession  and 
worshij)  shall  forever  be  allowed  in  this  State,  and  Jio  person  shall  be 
rendered  incompetent  as  a  witness  on  account  of  his  religious  opin- 
ions; but  the  liberty  of  conscience  hereby  sec^ured  shall  not  be  so  con- 
strued as  to  justify  licentiousness  or  practices  subversive  of,  or  incon- 
sistent with,  the  ])eace  or  moral  safety  of  the  State  or  society. 

Sec.  6.  Xo  preference  shall  be  given  by  law  to  any  church,  sect  or 
mode  of  worship,  and  no  money  shall  ever  be  taken  from  the  j^ublic 
treasury  directly  or  indirectly  in  aid  of  any  church,  sect  or  religious 
denomination,  or  in  aid  of  any  sectarian  institution. 

Sec.  7.  The  writ  of  Juiheas  corpus  shall  be  grantable  speedily  and 
of  right,  freely  and  without  cost,  and  shall  never  be  suspended  unless, 
in  case  of  rebellion  or  invasion,  the  public  safety  may  require  its 
suspension. 

Sec.  8.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  be 
imposed,  nor  cruel  or  uuusual  punishment  or  indefinite  imprisonment 
be  allowed,  nor  shall  witnesses  l)e  unreasonal)]y  detained. 

Sec.  i).  All  persons  shall  be  bailable  by  sufficient  sureties,  except 
for  capital  oU'enses,  Avhere  the  ])roof  is  evident  or  the  presumption 
gi't^at. 

Sec.  10.  No  person  shall  be  tried  for  a  capital  crime  or  other  felony, 
unless  on  presentment  or  indictment  by  a  grand  jury,  except  as  is 
otherwise  provided  in  this  Constitution,  and  except  in  cases  of  im- 
peachment, and  in  cases  in  the  militia  when  in  active  service  in  time 
of  war,  or  Avhich  the  State,  with  the  consent  of  Congress,  may  keep, 
in  time  of  peace. 

Sec.  11.  In  all  criminal  prosecutions  the  accused  shall  have  the 
right  to  a  speedy  and  public  trial,  by  an  imi)artial  jury,  in  the  county' 
where  the  crime  was  committed,  and  shall  be  heard  by  himself,  or 
counsel,  or  both,  to  demand  the  nature  and  cause  of  the  accusation 
against  him,  to  meet  the  witnesses  against  him  face  to  face,  and  have 
compulsory  pi-ocess  for  the  attendance  of  witnesses  in  his  favor,  and 
shall  be  furnished  with  a  copy  of  the  indictment  against  him. 
7251— VOL  1—07 49 


734  •  Florida— 1885 

Sec.  12,  No  person  shall  be  subject  to  be  twice  put  in  jeopardy  for 
the  same  offense,  nor  compelled  in  any  criminal  case  to  l)e  a  witness 
against  himself,  nor  be  deprived  of  life,  liberty  or  property  without 
due  process  of  law^;  nor  shall  private  property  be  taken  without  just 
comj^ensation. 

Sec.  13.  Every  person  may  fully  speak  and  write  his  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  and  civil  actions  for  libel  the 
truth  may  be  given  in  evidence  to  the  jury,  and  if  it  shall  appear  that 
the  matter  charged  as  libellous  is  true,  and  was  published  for  good 
motives,  the  party  shall  be  acquitted  or  exonerated. 

Sec.  14.  No  person  shall  be  compelled  to  pay  costs  except  after 
conviction,  on  a  final  trial. 

Sec.  15.  The  people  shall  have  the  right  to  assemble  together  to 
consult  for  the  common  good,  to  instruct  their  representatives,  and  to 
petition  the  Legislature  for  redress  of  grievances. 

Sec.  16.  No  person  shall  be  imprisoned  for  debt  except  in  cases  of 
fraud. 

Sec.  it.  No  bill  of  attainder,  ex  post  facto  law,  nor  any  law  impair- 
ing the  obligation  of  contracts,  shall  ever  be  passed. 

Sec.  18.  Foreigners  shall  have  the  same  rights  as  to  the  ownership, 
inheritance  and  disposition  of  property  in  this  State  as  citizens  of  the 
State. 

Sec.  19.  Neither  slavery  nor  involuntary  servitude,  except  as  a 
punishment  for  crime,  whereof  the  party  has  been  duly  convicted, 
shall  ever  be  allowed  in  this  State. 

Sec.  20.  The  right  of  the  people  to  bear  arms  in  defence  of  them- 
selves and  the  lawful  authority  of  the  State,  shall  not  be  infringed, 
but  the  Legislature  may  prescribe  the  manner  in  wdiich  they  may  be 
borne. 

Sec.  21.  The  military  shall  in  all  cases  and  at  all  times  be  in  strict 
subordination  to  the  civil  power. 

Sec.  22.  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  warrants  issued  but  upon  probable  cause, 
supported  by  oath  or  affirmation,  particularly  describing  the  place  or 
places  to  be  searched,  and  the  person  or  persons,  and  thing  or  things 
to  be  seized. 

Sec.  23.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  adhering  to  its  enemies,  or  giving  them  aid  and  comfort; 
and  no  person  shall  be  convicted  of  treason  except  oh  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  confession  in  open  court,  and 
no  conviction  for  treason  shall  work  corruption  of  blood  or  forfei- 
ture of  estate. 

Sec.  24.  This  enunciation  of  rights  shall  not  be  construed  to  impair 
or  deny  others  retained  by  the  peojile. 

Article  I 

BOUNDARIES 

The  boundaries  of  the  State  of  Florida  shall  be  as  follows:  Com- 
mencing at  the  mouth  of  the  river  Perdido;  from  thence  up  the 


Florida— 1885  735 

middle  of  said  river  to  Avhere  it  intersects  the  south  boundary  line  of 
the  State  of  Alabama,  and  the  thirty-first  deo;ree  of  north  latitude; 
thence  due  east  to  the  Chattahoochee  river;  thence  down  the  middle 
of  said  river  to  its  confluence  with  the  Flint  river;  thence  straight 
to  the  head  of  the  St.  Marys  river;  thence  down  the  middle  of  said 
river  to  the  Atlantic  ocean;  thence  southeastwardly  along  the  coast 
to  the  edge  of  the  Gulf  stream;  thence  southwestwardly  along  the 
edge  of  the  Gulf  stream  and  Florida  Reefs  to  and  including  the  Tor- 
tugas  Islands;  thence  northeastAvardly  to  a  point  three  leagues  from 
the  mainland;  thence  northwestwardly  three  leagues  from  the  land, 
to  a  point  west  of  the  mouth  of  the  Perdido  river;  thence  to  the  place 
of  beginning. 

Article  II 

DISTRIBUTIOX    OF    POWERS 

The  powers  of  the  government  of  the  State  of  Florida  shall  be 
divided  into  three  departments — Legislative,  Executive  and  Judicial ; 
and  no  person  properly  belonging  to  one  of  the  departments  shall 
exercise  any  powers  appertaining  to  either  of  the  others,  except  in 
cases  expressly  provided  for  by  this  Constitution. 

ArTH  LE    III 
LEGISLATIVE    UEPARTM EN T 

Section  1.  The  Legislative  authority  of  this  State  shall  be  vested 
in  a  Senate  and  a  House  of  Eepresentatives,  which  shall  be  designated, 
"The  Legislature  of  the  State  of  Florida,"  and  the  sessions  thereof 
shall  be  held  at  the  seat  of  government  of  the  State. 

Sec.  2.  The  regular  sessions  of  the  Legislature  shall  be  held  bienni- 
ally, commencing  on  the  first  Tuesday  after  the  first  Monday  in  Ai)ril, 
A.  D.,  1887,  and  on  the  corresponding  day  of  every  second  year  there- 
after, but  the  Governor  may  convene  the  same  in  extra  session  by  his 
proclamation.  Regular  sessions  of  the  Legislature  may  extend  to 
sixty  days,  but  no  S])ecial  session  convened  by  the  Governor  shall 
exceed  twenty  days. 

Sec.  8.  The  members  of  the  House  of  Eepresentatives  sliall  be 
chosen  biennially,  those  of  the  first  Legislatuie  on  the  first  'J'uesday 
after  the  first  Monday  in  November,  A.  I).,  1880,  and  thereafter  on 
the  corresponding  day  of  every  second  year.* 

Sec.  4.  Senators  and  members  of  the  House  of  Representatives 
shall  be  duly  qualified  electors  in  the  respective  counties  and  districts 
for  which  they  were  chosen.  The  pay  of  members  of  the  Senate 
aiul  House  of  Representatives  shall  not  exceed  six  dollars  a  day  for 
each  day  of  session,  and  mileage  to  and  from  their  homes  to  the  seat 
of  govei'ument,  iu)(  to  exceed  ten  cents  a  mile  each  way,  by  the  nearest 
and  most  practicable  route. 

Sec.  5.  No  Senator  or  member  of  the  House  of  Representatives 
shall,  during  the  time  for  which  he  was  elected,  be  appointed  or 
elected  to  any  civil  office  under  the  Constitution  of  this  State,  that  has 

*  See  Amendment,  1896. 


73(3  Florida— 1885 

been  created,  or  the  emoluments  Avhereof  shall  have  l)een  increased 
during  such  time. 

Si'X'.  (').  Each  House  shall  judge  of  the  qualifications,  elections  and 
returns  of  its  own  members,  choose  its  own  officers,  and  determine 
the  rules  of  its  proceedings.  The  Senate  shall,  at  the  convening  of 
each  regular  session  thereof,  choose  from  among  its  own  members  a 
permanent  President  of  the  Senate,  Avho  shall  be  its  presiding  officer. 
The  House  of  Representatives  shall,  at  the  convening  of  each  regu- 
lar session  thereof,  choose  from  among  its  own  members  a  permanent 
Speaker  of  the  House  of  Representatives,  Avho  shall  be  its  presiding 
officer.  Each  House  may  punish  its  own  members  for  disorderly  con- 
duct ;  and  each  House,  with  the  concurrence  of  two-thirds  of  all  of 
its  members  j^resent,  may  expel  a  member. 

Sec.  7.  No  person  holding  a  lucrative  office  or  appointment  under 
the  United  States  or  this  State,  shall  be  eligible  to  a  seat  in  the  Leg- 
islature of  this  State. 

Sec.  8.  The  seat  of  a  member  of  either  House  shall  be  vacated  on 
his  permanent  change  of  residence  from  the  district  or  county  from 
which  he  was  elected. 

Sec.  9.  Either  House  during  the  session  may  punish  liy  fine  or  im- 
prisonment any  person  not  a  member  who  shall  have  been  guilty  of 
disorderly  or  contemptuous  conduct  in  its  presence,  or  of  a  refusal 
to  obey  its  lawful  summons,  but  such  imprisonment  shall  not  extend 
beyond  the  final  adjournment  of  the  session. 

Sec.  10.  Either  House  shall  have  power  to  compel  the  attendance 
of  witnesses  upon  any  investigations  held  l^y  itself,  or  by  any  of  its 
committees;  the  manner  of  the  exercise  of  such  power  shall  be  pro- 
vided by  law. 

Sec.  il.  A  majority  of  each  House  shall  constitute  a  quorum  to  do 
business,  but  a  smaller  number  may  adjourn  from  day  to  day.  and 
compel  the  presence  of  absent  members  in  such  manner  and  under 
such  penalties  as  it  may  prescrilje. 

Sec.  12.  Each  House  shall  keep  a  Journal  of  its  own  proceedings, 
which  shall  l)e  published,  and  the  yeas  and  nays  of  the  members  of 
either  House  on  any  question  shall,  at  the  desire  of  any  five  members 
present,  be  entered  on  the  Journal. 

Sec.  13.  The  doors  of  each  House  shall  be  kei)t  open  during  its  ses- 
sion, except  the  Senate  while  sitting  in  Executive  session;  and 
neither  shall,  Avithout  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  or  to  any  other  town  than  that  in  which  they  may  be  hold- 
ing their  session. 

Sec.  14.  Any  bill  may  originate  in  either  House  of  the  Legislature, 
and  after  being  passed  in  one  House  may  be  amended  in  the  other. 

Sec.  15.  The  enacting  clause  of  every  law  shall  be  as  follows:  "  Be 
it  enacted  by  the  Legislature  of  the  State  of  Elorida." 

Sec.  16.  Each  law  enacted  in  the  Legislature  shall  embrace  but  one 
subject  and  matter  properly  connected  therewith,  which  subject  shall 
be  briefly  expressed  in  the  title;  and  no  law  shall  be  amended  or  re- 
vised by  reference  to  its  title  only ;  but  in  such  case  the  act.  as  revised, 
or  section,  as  amended,  shall  be  re-enacted  and  published  at  length. 

Sec.  17.  Every  bill  shall  be  read  by  sections  on  three  several  days 
in  each  House,  unless,  in  case  of  emergency,  two-thirds  of  the  House 
where  such   bill  may  be  pending  shall   deem   it  expedient   to   dis- 


Florida— 1885  737 

pense  with  this  rule ;  but  the  rejulin^  of  a  bill  by  sections  on  its  final 
passage  shall  in  no  case  be  dispensed  Avith.  and  the  vote  on  the  final 
passage  of  every  bill  or  joint  resolution  shall  be  taken  by  yeas  and 
nays,  to  be  entered  on  the  Journal  of  each  House;  Prorided,  That 
any  general  revision  of  the  entire  laws  embodied  in  any  bill  shall  not 
be  required  to  be  read  by  sections  upon  its  final  passage,  and  its  read- 
ing may  be  wholly  dispensed  with  by  a  two-thirds  vote;  and  a  ma- 
jority of  the  members  present  in  each  House  shall  be  necessary  to 
pass  every  bill  or  joint  resolution;  and  all  bills  or  joint  resolutions  so 
passed  shall  be  signed  by  the  presiding  officers  of  the  respective 
Houses,  and  by  the  Secretary  of  the  Senate  and  the  Clerk  of  the 
House  of  Representatives.* 

Sec.  18.  No  law  shall  take  effect  until  sixty  days  from  the  final 
adjournment  of  the  session  of  the  Legislature  at  which  it  may  have 
been  enacted,  unless  otherwise  specially  provided  in  such  law. 

Sec.  19.  Accurate  statements  of  the  receipts  and  expenditures  of 
the  public  money  shall  be  attached  to  and  published  with  the  laws 
passed  at  every  regular  session  of  the  I^egislature. 

Sec.  20.  The  Legislature  shall  not  pass  special  or  local  laws  in  any 
of  the  following  eiuunerated  cases:  that  is  to  ?,aj,  regulating  the 
jurisdiction  and  duties  of  any  class  of  officers,  except  nnuiicijial 
officers,  or  for  the  punishment  of  crime  or  misdemeanor;  regulating 
the  practice  of  courts  of  justice,  except  municipal  courts;  providing 
for  changing  venue  of  civil  and  criminal  cases;  granting  divorces; 
changing  the  names  of  persons;  vacating  roads;  summoning  and 
empanneling  grand  and  petit  juries,  and  providing  for  their  com- 
jx'nsation  ;  for  assessment  and  collection  of  taxes  for  State  and  county 
l)uri)oses;  for  opening  and  conducting  elections  for  State  and  county 
officers,  and  for  designating  the  places  of  voting;  for  the  sale  of  real 
estate  belonging  to  minors,  estates  of  decedents,  and  of  persons  labor- 
ing under  legal  disabilities;  regulating  the  fees  of  officers  of  the  State 
and  county;  giving  effect  to  informal  or  invalid  deeds  or  wills; 
legitimizing  children:  providing  for  the  adoption  of  children;  reliev- 
ing minora;  from  legal  disabilities;  and  for  the  estal)lishment  of 
ferries. 

Sec.  21.  In  all  cases  enumerated  in  the  j^receding  section  all  laws 
shall  be  general  and  of  uniform  operation  throughout  the  State,  but 
in  all  cases  not  enumerated  or  excepted  in  that  section,  the  Legisla- 
ture may  pass  special  or' local  laws;  Provided,  That  no  local  or  special 
bill  shall  be  passed,  mdess  notice  of  the  intention  to  api)ly  therefor 
shall  have  been  publislied  in  the  locality  where  the  matter  or  thing  to 
be  affected  may  be  situated,  which  notice  shall  state  the  substance  of 
the  contemi)]ated  law,  and  shall  be  |)ublish('d  at  least  sixty  days  prior 
to  the  introduction  into  the  Legislature  of  such  bill,  and  in  the  man- 
ner to  be  provided  by  hiw.  The  evidence  that  such  notice  has  been 
])ublished  sliall  be  established  in  the  Legislature  before  such  bill  shall 
be  [)assed. 

Sec.  22.  Provision  may  be  made  by  general  law  for  bringing  suit 
against  the  State  as  to  all  liabilities  now  existing  or  hereafter  orig- 
inating. 

Sec.  23.  Lotteries  are  hereby  prohibited  in  this  State. 


*  See  iuiiendiiieiit,  1896. 


738  Florida— 1885 

Sec.  24.  The  Legislature  shall  establish  a  uniform  system  of  county 
and  municipal  government,  which  shall  be  applicable,  except  in  cases 
where  local  or  special  laws  are  provided  by  tin;  Legislature  that  may 
be  inconsistent  therewith. 

Sec.  25.  The  Legislature  shall  j^rovide  by  general  law  for  incor- 
porating such  educational,  agricultural,  mechanical,  mining  and  other 
useful  companies  or  associations  as  may  be  deemed  necessary. 

Sec.  20.  Laws  shall  be  passed  regulating  elections,  and  prohibiting, 
under  adequate  penalties,  all  undue  influence  thereon  from  power, 
bribery,  tumult  or  other  improper  practice. 

Sec.  27.  The  Legislature  shall  provide  for  the  election  by  the 
people  or  appointment  by  the  Governor  of  all  State  and  county  of- 
ficers not  otherwise  provided  for  by  this  Constitution,  and  fix  by  law 
their  duties  and  compensation. 

Sec.  28.  Every  bill  that  may  have  passed  the  Legislature  shall, 
before  becoming  a  law,  be  presented  to  the  Governor;  if  he  approves 
it  he  shall  sign  it,  but  if  not  he  shall  return  it  with  his  objections  to 
the  House  in  which  it  originated,  which  House  shall  cause  such  objec- 
tions to  be  entered  upon  its  Journal,  and  proceed  to  reconsider  it ;  if, 
after  such  reconsideration,  it  shall  pass  both  Houses  by  a  two-thirds 
vote  of  members  present,  which  vote  shall  be  entered  on  the  Journal 
of  each  House,  it  shall  become  a  law.  If  any  bill  shall  not  be  returned 
within  five  days  after  it  shall  have  been  presented  to  the  Governor 
(Sunday  excepted)  the  same  shall  be  a  law,  in  like  manner  as  if  he 
had  signed  it.  If  the  Legislature,  by  its  final  adjournment,  prevent 
such  action,  such  bill  shall  be  a  law,  unless  the  Governor,  within  ten 
days  after  the  adjournment,  shall  file  such  bill,  Avith  his  objections 
thereto,  in  the  office  of  the  Secretary  of  State,  who  shall  lay  the  same 
before  the  Legislature  at  its  next  session,  and  if  the  same  shall  re- 
ceive two-thirds  of  the  votes  present,  it  shall  become  a  law. 

Sec.  29.  The  House  of  Representatives  shall  have  the  sole  power  of 
impeachment;  but  by  a  vote  of  two-thirds  of  all  members  present 
shall  be  required  to  impeach  any  officer;  and  all  impeachments  shall 
be  tried  by  the  Senate.  Allien  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  Senators  present.  The 
Senate  may  adjourn  to  a  fixed  day  for  the  trial  of  any  impeachment, 
and  may  sit  for  the' purpose  of  such  trial  whether  the  House  of  Rep- 
resentatives be  in  session  or  not,  but  the  time  fixed  for  such  trial  shall 
not  be  more  than  six  months  from  the  time  articles  of  impeachment 
shall  be  preferred  by  the  House  of  Representatives.  The  Chief-Jus- 
tice shall  preside  at  all  trials  by  impeachment  except  in  the  trial  of 
the  Chief-Justice,  when  the  Governor  shall  preside.  The  Governor, 
Administrative  officers  of  the  Executive  Department,  Justices  of  the 
Supreme  Court  and  Judges  of  the  Circuit  Court  shall  be  liable  to 
impeachment  for  any  misdemeanor  in  office,  but  judgment  in  such 
cases  shall  extend  only  to  removal  from  office  and  disqualification  to 
hold  any  office  of  honor,  trust  or  profit  under  the  State ;  but  the  party 
convicted  or  acquitted  shall  nevertheless  be  liable  to  indictment,  trial 
and  punishment  according  to  law. 

Sec.  30.  Laws  making  appropriations  for  the  salaries  of  public 
officers  and  other  current  expenses  of  the  State  shall  contain  pro- 
visions on  no  other  subject. 


Florida— 1885  739 

Sec.  31.  The  Legislature  shall  elect  United  States  Senators  in  the 
manner  prescribed  by  the  Congress  of  the  Ignited  States  and  bv  this 
Constitution. 

Sec.  32.  The  repeal  or  amendment  of  any  Criminal  Statute  shall 
not  affect  the  prosecution  or  punishment  of  any  crime  committed 
before  such  repeal  or  amendment. 

Sec.  33.  No  statute  shall  be  passed  lessening  the  time  within  which 
a  civil  action  may  be  commenced  on  any  cause  of  action  existing  at 
the  time  of  its  passage. 

Article  IV 

EXECUTIVE  department 

Section  1.  The  Supreme  Executive  power  of  the  State  shall  be 
vested  in  a  Chief  Magistrate,  who  shall  be  styled  the  Governor  of 
Florida. 

Sec.  2.  The  Governor  shall  be  elected  by  the  qualified  electors  of  the 
3tate  at  the  time  and  places  of  voting  for  members  of  the  Legislature, 
and  shall  hold  his  office  for  four  ^-ears  from  the  time  of  his  installa- 
tion, but  shall  not  be  eligible  for  re-election  to  said  office  the  next 
succeeding  term;  Provided^  That  the  first  election  for  Governor 
under  this  Constitution  shall  be  had  at  the  time  and  ])laces  of  voting 
for  members  of  the  Legislature  and  State  officers,  A.  I).  1888,  and  the 
term  of  office  of  the  (jovernor  then  elected  shall  begin  on  the  first 
Tuesday  after  the  first  ^londay  in  January  after  his  election. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of  Governor  who 
is  not  a  qualified  elector,  and  who  has  not  been  ten  years  a  citizen 
of  the  United  States,  and  five  3'ears  a  citizen  and  resident  of  the 
State  of  Florida,  next  jireceding  the  time  of  his  election;  Prorided, 
That  these  limitations  of  time  shall  not  apply  to  the  President  of  the 
Senate  or  Speaker  of  the  House  of  Representatives  when,  under  this 
Constitution,  the  powers  and  duties  or  Governor  shall  devolve  upon 
them. 

Sec.  4.  The  Governor  shall  be  Commander-in-Chief  of  the  military 
forces  of  the  State,  except  when  they  shall  be  called  into  the  service 
of  the  United  States. 

Sec.  5.  The  Governor  shall  transact  all  Executive  business  with 
the  officers  of  the  Government,  civil  and  military,  and  may  require 
information  in  writing  from  the  administrative  officers  of  the  Execu- 
tive Department  upon  any  subject  relating  to  the  duties  of  their 
respective  offices. 

Sec.  G.  The  Governor  shall  take  care  that  the  laws  be  faithfully 
executed. 

Sec.  7.  AVhen  any  office,  from  any  cause,  shall  become  vacant,  and 
no  mode  is  provided  by  this  Constitution  or  by  the  laws  of  the  State 
for  filling  such  vacancy,  the  Governor  shall  have  the  power  to  fill 
such  vacancy  by  granting  a  connnission  for  the  unexpired  term. 

Sec.  8.  The  Governor  may,  on  extraordinary  occasions,  convene  the 
Legislature  by  proclamation,  and  shall  in  his  proclamation  state  the 
purpose  for  which  it  is  to  be  convened,  and  the  Legislature  when 
organized  shall  transact  no  legislative  business  other  than  that  for 
which  it  is  especially  convened,  or  such  other  legislative  business  as 


740  Florida— 1885    " 

the  (iovernor  may  call  to  its  attention  while  in  session,  except  by  a 
two-thirds  vote  of  each  House. 

Sec.  9.  The  (lOvernor  shall  communicate  by  message  to  the  Legis- 
lature at  each  regular  session  information  concerning  the  condition 
of  the  State,  and  recommend  such  measures  as  he  may  deem  expedient. 

Sec.  10.  In  case  of  a  disagreement  between  the  two  Houses  with 
respect  to  the  time  of  adjournment,  the  Governor  shall  have  power 
to  adjourn  the  Legislature  to  such  time  as  he  may  think  proper,  pro- 
vided it  be  not  beyond  the  time  fixed  for  the  meeting  of  the  next 
Legislature. 

Sec.  11.  The  Governor  shall  have  power  to  suspend  the  collection 
of  fines  and  forfeitures,  and  grant  reprieves  for  a  period  not  exceed- 
ing sixty  days,  for  all  offences,  except  in  cases  of  impeachment.  In 
cases  of  conviction  for  treason  he  shall  have  power  to  suspend  the 
execution  of  sentence  until  the  case  shall  be  reported  to  the  Legis- 
lature at  its  next  session,  when  the  Legislature  shall  either  pardon, 
direct  the  execution  of  the  sentence,  or  grant  a  further  reprieve;  and 
if  the  Legislature  shall  fail  or  refuse  to  make  disposition  of  such 
case,  the  sentence  shall  be  enforced  at  such  time  and  place  as  the 
Governor  may  direct.  He  shall  communicate  to  the  Legislature,  at 
the  beginning  of  every  session,  every  case  of  fine  or  forfeiture  remit- 
ted, or  reprieve,  pardon  or  commutation  granted,  stating  the  name  of 
the  convict,  the  crime  for  Avhich  he  was  convicted,  the  sentence,  its 
date,  and  the  date  of  its  remission,  commutation,  pardon  or  reprieve. 

Sec.  12.  The  Governor,  Justices  of  the  Supreme  Court,  and  Attor- 
ney-General, or  a  major  part  of  them,  of  whom  the  Governor  shall  be 
one,  may,  upon  such  conditions,  and  with  such  limitations  and  restric- 
tions as  they  may  deem  proper,  remit  fines  and  forfeitures,  commute 
punishment  and  grant  pardons  after  conviction,  in  all  cases  except 
treason  and  impeachment,  subject  to  such  regulations  as  may  be  pre- 
scribed by  law  relative  to  the  manner  of  applying  for  pardons.* 

Sec.  13.  The  Governor  may,  at  any  time,  require  the  opinion  of  the 
Justices  of  the  Supreme  Court  as  to  the  interpretation  of  any  portion 
of  this  Constitution  upon  any  question  affecting  his  Executive  powers 
and  duties,  and  the  Justices  shall  render  such  opinion  in  writing. 

Sec.  14.  All  grants  and  commissions  shall  be  in  the  name  and 
under  the  authority  of  the  State  of  Florida,  sealed  with  the  great  seal 
of  the  State,  signed  by  the  Governor,  and  countersigned  by  the  Sec- 
retary of  State. 

Sec.  15.  All  officers  that  shall  haA^e  been  appointed  or  elected,  and 
that  are  not  liable  to  impeachment,  may  be  suspended  from  office  by 
the  Governor  for  malfeasance,  or  misfeasance,  or  neglect  of  duty  in 
office,  for  the  commission  of  any  felony,  or  for  drunkenness  or  incom- 
petency, and  the  cause  of  suspension  shall  be  communicated  to  the  offi- 
cer suspended  and  to  the  Senate  at  its  next  session.  And  the  Gov- 
ernor, by  and  with  the  consent  of  the  Senate,  may  remove  any  officer, 
not  liable  to  impeachment,  for  any  cause  above  named.  Every  sus- 
pension shall  continue  until  the  adjournment  of  the  next  session  of  the 
Senate,  unless  the  officer  suspended  shall,  upon  the  recommendation 
of  the  Governor,  be  removed ;  but  the  Governor  may  reinstate  the  offi- 
cer so  suspended  upon  satisfactory  evidence  that  the  charge  or  charges 
against  him  are  untrue.     If  the  Senate  shall  refuse  to  remove,  or  fail 

*  See  amendment,  1896. 


Florida— 1885  741 

to  take  action  before  its  adjournment,  the  officer  suspended  shall 
resume  the  duties  of  the  office.  The  (xovernor  shall  have  power  to 
fill  by  appointment  any  office,  the  incuml)ent  of  which  has  been  sus- 
pended. No  officer  suspended  who  shall  under  this  section  resume  the 
duties  of  his  office,  shall  suffer  any  loss  of  salary  or  other  compensa- 
tion in  consequence  of  such  suspension.  The  suspension  or  removal 
herein  authorized  shall  not  relieve  the  officer  from  indictment  for  any 
misdemeanor  in  office. 

Sec.  1G.  The  Governor  shall  appoint  all  commissioned  officers  of  the 
State  Militia,  includino-  an  Adjutant-Cireneral  for  the  State.  The 
Adjutant-deneral  shall  be  the  chief  officer  of  the  Governor's  staff, 
with  the  rank  of  Major-General.  His  duties  and  compensation  shall 
be  prescribed  by  law;  Provided,  That  this  Constitution  shall  work  no 
vacancy  in  the  office  of  Adjutant-General,  as  now  constituted,  until 
the  expiration  of  the  present  term. 

Sec.  17.  The  Governor  and  the  administrative  officers  of  the  Execu- 
tive Dei)artment  shall  constitute  a  Board  of  Commissioners  of  State 
Institutions,  which  Board  shall  have  supervision  of  all  matters  con- 
nected Avith  such  institutions  in  such  manner  as  shall  l)e  prescribed 
by  law. 

Sec.  18,  The  Governor  shall  have  power  to  disapprove  of  any  item 
or  items  of  any  bills  making-  appropriations  of  money  embracing  dis- 
tinct items,  and  the  part  or  parts  of  the  I)ill  approved  shall  be  the  law, 
and  the  item  or  items  of  appropriation  disapproved  shall  be  void, 
unless  repassed  according  to  the  rules  and  limitations  prescribed  for 
the  passage  of  other  bills  over  the  Executive  veto. 

Sec.  19.  In  case  of  the  impeachment  of  the  Governor,  his  removal 
from  office,  death,  resignation  or  inability  to  discharge  his  official 
duties,  the  powers  and  duties  of  Governor  shall  devolve  upon  the 
President  of  the  Senate  for  the  residue  of  the  term,  or  until  the  dis- 
ability shall  cease;  and  in  case  of  the  impeachment,  removal  from 
office,  death,  resignation  or  inability  of  the  President  of  the  Senate, 
the  powers  and  duties  of  the  office  shall  devolve  upon  the  Speaker  of 
the  House  of  Representatives.  But  should  there  be  a  general  elec- 
tion for  members  of  the  Legislature  during  such  vacancy,  an  election 
for  Governor  to  fill  the  same  shall  be  had  at  the  same  time. 

Sec.  20.  The  Governor  shall  be  assisted  by  administrative  officers 
as  follows:  A  Secretary  of  State,  Attorney-General,  Comptroller, 
Treasurer,  Superintendent  of  Public  Instruction,  and  Commissioner 
of  Agriculture,  who  shall  be  elected  at  the  same  time  as  the  Governor, 
and  shall  hold  their  offices  for  the  same  term;  Provided,  That  the 
first  election  of  such  officers  shall  be  liad  at  the  time  of  voting  for 
Governor  A.  I).  ISSS. 

Sec.  21.  The  Secretary  of  State  shall  keep  the  records  of  official 
acts  of  the  Legislature  and  Executive  Departments  of  the  (lovern- 
ment,  and  shall,  when  re(|uired,  lay  the  same,  and  all  matters  relative 
thereto,  before  either  branch  of  the  Legislature;  and  shall  be  the  cus- 
todian of  the  (ireat  Seal  of  the  State.  He  shall  also  have  charge  of 
the  Capitol  building  and  grounds,  and  perform  such  other  duties  as 
shall  be  prescribed  by  law. 

Sec.  22.  The  Attorney-Cieneral  shall  be  the  legal  adviser  of  the 
Governor,  and  of  each  of  the  officers  of  the  Executive  Department, 
and  shall  ]ierf()rm  such  other  legal  duties  as  may  be  prescribed  by 
law.     He  shall  be  lieporter  for  the  Supreme  Court. 


742  Florida— 1885 

Sec.  23.  The  Comptroller  shall  examine,  audit,  adjust  and  settle 
the  accounts  of  all  officers  of  the  State  and  perform  such  other  duties 
as  may  be  prescribed  by  law. 

Sec.  24.  The  Treasurer  shall  receive  and  keep  all  funds,  bonds, 
and  other  securities,  in  such  manner  as  may  be  prescribed  by  law,  and 
shall  disburse  no  funds,  nor  issue  bcmds,  or  other  securities,  except 
upon  the  order  of  the  Comptroller  countersigned  by  the  Governor,  in 
such  manner  as  shall  be  prescribed  by  law. 

Sec.  25.  The  Superintendent  of  Public  Instruction  shall  have 
supervision  of  all  matters  pertaining  to  public  instruction ;  the  super- 
vision of  State  buildings  devoted  to  educational  purposes,  and  per- 
form such  other  duties  as  the  Legislature  may  provide  by  law. 

Sec.  2G.  The  Commissioner  of  Agriculture  shall  perform  such 
duties  in  relation  to  agriculture  as  may  be  prescribed  by  law;  shall 
have  supervision  of  all  matters  pertaining  to  the  public  lands  under 
regulations  prescribed  by  law,  and  shall  keep  the  Bureau  of  Immi- 
gration. He  shall  also  have  supervision  of  the  State  Prison,  and 
shall  perform  such  other  duties  as  may  be  prescribed  by  law. 

Sec.  27.  Each  officer  of  this  Department  shall  make  a  full  report 
of  his  official  acts,  of  the  receipts  and  expenditures  of  his  office,  and 
of  the  requirements  of  the  same,  to  the  Governor  at  the  beginning  of 
each  regular  session  of  the  Legislature,  or  whenever  the  Governor 
shall  require  it.  Such  reports  shall  be  laid  before  the  Legislature 
by  the  Governor  at  the  beginning  of  each  regular  session  thereof. 
Either  House  of  the  Legislature  may  at  any  time  call  upon  any  officer 
of  this  department  for  information  required  by  it. 

Sec.  28.  The  administrative  officers  of  the  Executive  Department 
shall  be  installed  on  the  same  day  as  the  Governor. 

Sec.  29.  The  salary  of  the  Governor  of  the  State  shall  be  thirty- 
five  hundred  dollars  a  year,  of  the  Comptroller  two  thousand  dollars, 
of  the  State  Treasurer  two  thousand  dollars,  of  the  Secretary  of  State 
fifteen  hundred  dollars,  of  the  Attorney-General  fifteen  hundred  dol- 
lars, of  the  Commissioner  of  Agriculture  fifteen  hundred  dollars,  of 
the  Superintendent  of  Public  Instruction  fifteen  hundred  dollars,  a 
year;  Provided,  That  no  administrative  officer  of  the  Executive  De- 
partment shall  receive  any  additional  compensation  beyond  his  salary 
for  any  service  or  services  rendered  the  State  in  connection  with  the 
Internal  Improvement  Fund  or  other  interests  belonging  to  the  State 
of  Florida;  Provided^  further,  That  the  Legislature  may,  after  eight 
years  from  the  adoption  of  this  Constitution,  increase  or  decrease 
any  or  all  of  said  salaries. 

Article  V 

JUDICIARY    department 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  a 
Supreme  Court,  Circuit  Courts,  Criminal  Courts,  County  Courts, 
County  Judges  and  Justices  of  the  Peace. 

Sec'  2.  The  Supreme  Court  shall  consist  of  three  Justices,  who 

-  shall  be  elected  by  the  qualified  electors  of  the  State  at  the  time  and 

places  of  voting  for  members  of  the  Legislature,  and  shall  hold  their 

office  for  the  term  of  six  years,  except  those  first  elected,  one  of  whom, 

to  be  designated  by  lot  in  such  manner  as  they  may  determine,  shall 


Florida— 1885  743 

hold  his  office  for  two  years,  another  to  be  designated  in  like  manner 
for  four  years,  and  the  third  for  six  years,  so  that  one  shall  be  elected 
every  two  years  after  the  first  election.  The  Chief  Justice  shall  be 
designated  by  lot  by  said  Justices,  and  shall  be  such  during  his  term 
of  office.  The  first  election  for  said  Justices  shall  take  ])lace  at  the 
first  election  for  members  of  the  Legislature  after  the  ratification  of 
this  Constitution,  and  their  term  of  office  shall  begin  on  the  first  Tues- 
day after  the  first  Monday  in  January  after  their  election. 

Sec.  3.  No  person  shall  ever  be  appointed  or  elected  as  a  Justice  of 
the  Supreme  Court,  or  Judge  of  a  Circuit  Court,  or  Criminal  Court, 
that  is  not  twenty-five  years  of  age  and  an  attorney  at  law. 

Sec.  4.  The  majority  of  the  Justices  of  the  Supreme  Court  shall 
constitute  a  quorum  for  the  transaction  of  all  business.  The  concur- 
rence of  two  Justices  shall  be  necessary  to  a  decision.  The  number 
of  terms  of  the  Supreme  Court  and  the  times  of  holding  the-  same 
shall  be  regulated  by  law.  All  terms  shall  be  held  at  the  Capital  of 
the  State. 

Sec.  5.  The  Supreme  Court  shall  have  appellate  jurisdiction  in  all 
cases  at  law  and  in  equity  originating  in  Circuit  Courts,  and  of  ap- 
peals from  the  Circuit  Courts  in  cases  arising  before  Judges  of  the 
County  Courts  in  matters  pertaining  to  their  probate  jurisdiction  and 
in  the  management  of  the  estates  of  infants,  and  in  cases  of  convic- 
tion of  felony  in  the  criminal  courts,  and  in  all  criminal  cases  origi- 
nating in  the  Circuit  Courts.  The  Court  shall  have  the  power  to 
issue  writs  of  mandahuis,  certiorari,  prohibition,  quo  warranto, 
habeas  corpus,  and  also  all  writs  necessary  or  proper  to  the  complete 
(>xerciso  of  its  jurisdiction.  Each  of  the  Justices  shall  have  power 
to  issue  writs  of  habeas  corpus  to  any  part  of  the  State  upon  petition 
by  or  on  behalf  of  any  person  held  in  actual  custody,  and  may  make 
such  writs  returnable  before  himself  or  the  Su]:)reme  Court,  or  any 
Justice  thereof,  or  before  any  Circuit  Judge. 

Sec.  G.  The  Legislature  shall  have  ])ower  to  prescribe  regulations 
for  calling  into  the  Supreme  Court  a  Judge  of  the  Circuit  Court,  to 
hear  and  determine  any  nuitters  ]:)ending  before  the  Court  in  the  place 
of  any  Justice  thereof  that  shall  l)e  disqualified  or  disabled  in  such 
case  from  interest  or  other  cause. 

Sec.  7.  The  Sui)reme  Court  shall  a|)])oint  a  Clerk  who  shall  have 
his  office  at  the  Capital  and  shall  l)e  T^ibrarian  of  the  Supreme  Court 
T^ibrary. 

Sec.  S.  There  shall  be  seven  Circuit  Judges,  who  shall  be  appointed 
by  the  Governor  and  confirmed  by  the  Senate,  and  who  shall  hold 
their  office  for  six  years.  The  State  shall  be  divided  into  seven  Judi- 
cial Circuits,  and  one  Judge  shall  be  assigned  to  each  Circuit.  Such 
Judge  shall  hold  at  least  two  terms  of  his  court  in  each  county  within 
his  Circuit  every  year,  at  such  times  and  places  as  shall  be  prescrilxnl 
by  law,  and  may  hold  special  terms.  The  (Tovernor  may,  in  his  dis- 
cretion, order  a  temj)orary  exchange  of  Circuits  by  the' respective 
Judges,  or  order  any  Judge  to  hold  one  or  more  terms  or  parts  of 
terms  in  any  other  Circuit  than  that  to  which  he  is.  assigned.  The 
.Judge  shall  reside  in  the  Circuit  of  which  he  is  Judge.  Successors 
to  the  Judges  of  the  Circuit  Conrts  in  office  at  the  ratification  of  this 
Constitution  shall  be  appointed  and  confirmed  at  the  first  session  of 
the  Legislature  after  such  ratification. 


744  Florida— 1885 

Sec.  9.  The  salary  of  the  Justices  of  the  Supreme  Court  shall  be 
three  thousand  dollars  a  year.  The  salary  of  each  Circuit  Judge 
shall  be  two  thousand  five  hundred  dollars  a  year. 

Sec.  10.  Until  otherwise  defined  by  the  Legislature  the  several 
Judicial  Circuits  of  the  State  shall  be  as  follows: 

The  First  Judicial  Circuit  shall  be  composed  of  the  counties  of 
Escambia,  Santa  Rosa,  Walton,  Holmes,  Washington  and  Jackson. 

The  Second  Judicial  Circuit  shall  be  composed  of  the  counties  of 
Gadsden,  Liberty,  Calhoun,  Franklin,  Leon,  Wakulla  and  Jefferson. 

The  Third  Judicial  Circuit  shall  be  composed  of  the  counties  of 
Madison,  Taylor,  Lafayette,  Hamilton,  Suwannee  and  Columbia. 

The  Fourth  Judicial  Circuit  shall  be  composed  of  the  counties  of 
Nassau,  Duval,  Baker,  Bradford,  Clay  and  St.  Johns. 

The  Fifth  Judicial  Circuit  shall  be  composed  of  the  counties  of 
Putnam,  Alachua,  Levy,  Marion  and  Sumter. 

The  Sixth  Judicial  Circuit  shall  be  composed  of  the  counties  of 
Hernando,  Hillsborough,  Manatee,  Polk  and  Monroe. 

The  Seventh  Judicial  Circuit  shall  be  composed  of  the  counties  of 
Volusia,  Brevard,  Orange  and  Dade. 

Sec.  1L  The  Circuit  Courts  shall  have  exclusive  original  juris- 
diction in  all  cases  in  equity,  also  in  all  cases  at  law,  not  cognizal)le 
by  inferior  courts,  and  in  all  cases  involving  the  legality  of  any  tax, 
assessment,  or  toll ;  of  the  action  of  ejectment  and  of  all  actions  in- 
volving the  titles  or  boundaries  of  real  estate,  and  of  all  criminal 
cases  not  cognizable  by  inferior  courts;  and  original  jurisdiction  of 
actions  of  forcible  entry  and  unlawful  detainer,  and  of  such  other 
matters  as  the  Legislature  may  provide.  They  shall  have  final 
ajopellate  jurisdiction  in  all  civil  and  criminal  cases  arising  in  the 
County  Court,  or  before  the  County  Judge,  of  all  misdemeanors 
tried  in  Criminal  Courts,  of  judgments  or  sentences  of  any  Mayor's 
Court,  and  of  all  cases  arising  before  Justices  of  the  Peace  in  counties 
in  which  there  is  no  County  Court ;  and  supervision  and  appelate 
jurisdiction  of  matters  arising  before  County  Judges  pertaining  to 
their  probate  jurisdiction,  or  to  the  estates  and  interests  of  minors, 
and  of  such  other  matters  as  the  Legislature  may  provide.  The 
Circuit  Courts  and  Judges  shall  have  power  to  issue  writs  of  man- 
damus, injunction,  quo  warranto,  certiorari,  prohibition,  habeas  cor- 
pus and  all  writs  proper  and  necessary  to  the  complete  exercise  of 
their  juridiction. 

Sec.  12.  The  Circuit  Courts  and  Circuit  Judges  may  have  such 
extra  territorial  jurisdiction  in  chancery  cases  as  may  be  j^rescribed 
by  law. 
'  Sec.  13,  It  shall  be  the  duty  of  the  Judges  of  the  Circuit  Courts  to 
report  to  the  Attorney-General  at  least  thirty  days  before  each  ses- 
sion of  the  Legislature  such  defects  in  the  laws  as  may  have  been 
brought  to  their  attention,  and  to  suggest  such  amendments  or  ad- 
ditional Legislation  as  may  be  deemed  necessary.  The  Attorney- 
General  shall  report  to  the  Legislature  at  each  session  such  legislation 
as  he  may  deem  advisable. 

Sec.  14.  A  Circuit  Judge  may  appoint  in  each  county  in  his  Cir- 
cuit one  or  more  attorneys  at  law,  to  be  Court  Commissioners,  who 
shall  have  power  in  the  absence  from  the  county  of  the  Circuit  Judge, 
to  allow  writs  of  injunction  and  to  issue  writs  of  habeas  corpus,  re- 
turnable before  himself  or  the  Circuit  Judge.    Their  orders  in  such 


Florida— 1885  745 

matters  may  be  reviewed  by  the  Circuit  Judge,  and  confirmed,  quali- 
fied or  vacated.  They  may  be  removed  by  the  Circuit  Judge.  The 
Legishiture  may  confer  upon  them  further  powers,  not  judicial,  and 
shall  fix  their  compensation. 

Sec.  15.  The  Governor,  by  and  with  the  consent  of  the  Senate, 
shall  appoint  a  State  Attorney  in  each  Judicial  Circuit,  whose  duties 
shall  be  prescribed  by  law,  and  who  shall  hold  office  for  four  years. 
There  shall  be  elected  in  each  county  a  Sheriff,  and  a  Clerk  of  the 
Circuit  Court,  who  shall  also  be  Clerk  of  the  County  Court,  except 
in  counties  where  there  are  Criminal  Courts,  and  of  the  Board  of 
County  Conmiissioners,  and  Eecorder  and  ex-officio  Auditor  of  the 
County,  each  of  whom  shall  hold  office  for  four  years.  Their  duties 
shall  be  prescriljed  l)y  law. 

Sec.  IC).  There  shall  be  in  each  county  a  County  Judge  who  shall 
be  elected  by  the  ([ualified  electors  of  said  county  at  the  time  and 
places  of  A^oting  for  other  county  officers  and  shall  hold  his  office  for 
four  years.    His  compensation  shall  be  provided  for  by  law. 

Sec.  17.  The  County  Judge  shall  have  original  jurisdiction  in  all 
cases  at  law  in  which  the  demand  or  value  of  property  involved 
shall  not  exceed  one  hundred  dollars;  of  proceedings  relating  to  the 
forcible  entry  or  unlawful  detention  of  lands  and  tenements;  and  of 
such  criminal  cases  as  the  Legislature  may  prescribe.  The  County 
Judge  shall  have  jurisdiction  of  the  settlement  of  the  estates  of  dece- 
dents and  mijiors,  to  order  the  sale  of  real  estate  of  decedents  and 
minors,  to  take  probate  of  wills,  to  grant  letters  testamentary  and 
of  administration  and  guardianship,  and  to  discharge  the  duties 
usually  pertaining  to  courts  of  probate.  He  shall  have  the  power 
of  a  conunitting  magistrate  and  shall  issue  all  licenses  required  by  law 
to  be  issued  in  the  county. 

Sec.  18.  The  Legislature  may  organize  in  such  counties,  as  it  may 
think  proper.  County  Courts  which  shall  have  jurisdiction  of  all 
cases  at  law  in  which  the  demand  or  value  of  the  property  involved 
shall  not  exceed  five  hundred  dollars;  of  proceedings  relating  to  the 
forcible  entry  or  unlawful  detention  of  lands  and  tenements,  and  of 
misdemeanors,  and  final  apj)ellate  jurisdiction  in  civil  cases  arising 
in  the  Courts  of  Justices  of  the  Peace.  The  trial  of  such  appeals 
may  be  de  iioro  at  the  option  of  the  appellant.  The  County  Judge 
shall  be  the  Judge  of  said  Court.  There  shall  be  elected  by  the  qual- 
ified electors  of  said  county  at  the  time  Avhen  the  said  Judge  is 
elected  a  Prosecuting  Attorney  for  said  county,  who  shall  hold  office 
for  four  years.  His  duties  and  compensation  shall  be  prescribed  by 
law.  Such  Courts  may  be  abolished  at  the  pleasure  of  the  Leg- 
islature. 

Sec.  19.  When  any  civil  case  at  law  in  which  the  Judge  is  disqual- 
ified shall  be  called  for  trial  in  a  Circuit  or  County  Court,  the  parties 
may  agree  upon  an  attorney  at  law,  who  shall  be  Judge  ad  litem,  and 
shall  preside  over  the  trial  of  and  make  orders  in  said  cause  as  if  he 
were  Judge  of  the  Court.  The  parties  may,  howcA'er,  transfer  the 
cause  to  another  Circuit  Court  or  County  Court,  as  the  case  may  be, 
or  may  haA^e  the  case  submitted  to  a  referee. 

Sec.  20.  Any  ciA'il  cause  may  be  tried  before  a  practicing  attorney 
as  referee  upon  the  apjJication  of  the  parties  and  an  order  from  the 
court  in  Avhose  jurisdiction  the  case  may  be,  authorizing  such  trial 
and  appointing  such  referee."  The  referee  shall  keep  a   complete 


746  Florida— 1885 

record  of  the  case,  including  the  evidence  taken,  and  such  record 
shall  be  filed  with  the  ])ap('r.s  in  the  case  in  the  office  of  the  Clerk; 
and  the  cause  shall  be  subject  to  an  apjoeal  in  the  manner  jirescribed 
by  law. 

Sec.  21,  The  County  Commissioners  of  each  county  shall  divide  it 
into  as  many  Justice  Districts,  not  less  than  two,  as*  they  may  deem 
necessary.  There  shall  be  elected  one  Justice  of  the  Peace  for  each 
of  the  said  districts.     He  shall  hold  his  office  for  four  years. 

Sec.  22.  In  each  county  where  there  is  no  County  Court,  as  provided 
for  in  section  eighteen  of  this  Article,  the  Justices  of  the  Peace  shall 
have  jurisdiction  in  cases  at  law  in  which  the  demand  or  value  of  the 
property  involved  does  not  exceed  one  hundred  dollars,  and  in  which 
the  cause  of  action  accrued,  or  the  defendant  resides,  in  his  district; 
and  in  such  criminal  cases,  except  felonies,  as  may  be  prescribed  by 
law ;  and  in  counties  where  County  Courts  are  established,  as  provided 
for  in  section  eighteen  of  this  Article,  every  Justice  of  the  Peace  shall 
have  jurisdiction  in  cases  at  law  in  which  the  demand  or  value  of  the 
property  does  not  exceed  fifty  dollars,  and  in  which  the  cause  of  action 
accrued,  or  the  defendant  resides,  in  his  district;  and  he  shall  have 
power  to  issue  process  for  the  arrest  of  persons  charged  with  crime, 
and  to  make  the  same  returnable  before  himself  or  the  County  Judge, 
for  examination,  discharge,  commitment  or  bail  of  the  accused. 
Justices  of  the  Peace  shall  have  power  to  hold  inquests  of  the  dead.- 
Appeals  from  Justices  of  the  Peace  Courts  to  Circuit  Courts  in  crimi- 
nal cases  shall  be  tried  de  novo  under  such  regulations  as  the  Legisla- 
ture may  prescribe.* 

Sec.  23.  A  Constable  shall  be  elected  by  the  registered  voters  in 
each  Justice's  district,  who  shall  perform  such  duties,  and  under  such 
regulations  as  mat  l)e  prescribed  by  law. 

Sec.  24.  There  shall  be  established  in  the  county  of  Escambia,  and 
upon  application  of  a  majority  of  the  registered  voters  in  such  other 
counties  as  the  Legislature  may  deem  exj^edient,  a  Criminal  Court 
of  Record,  and  there  shall  be  one  Judge  for  each  of  the  said  courts, 
who  shall  be  appointed  by  the  Governor  and  confirmed  by  the  Senate, 
who  shall  hold  his  office  for  four  years,  and  whose  salary  shall  be  one 
thousand  dollars  a  year,  the  counties  paying  the  salaries. 

Sec.  25.  The  said  courts  shall  have  jurisdiction  of  all  criminal 
cases  not  capital  Avhich  shall  arise  in  said  counties  respectively. 

Sec.  26.  There  shall  be  six  terms  of  said  courts  in  each  year. 

Sec.  27.  There  shall  be  for  each  of  said  courts  a  Prosecuting  Attor- 
ney, who  shall  be  appointed  by  the  Governor  and  confirmed  by  the 
Senate,  and  who  shall  hold  his  office  for  four  years.  His  compensa- 
tion shall  be  fixed  by  law. 

Sec.  28.  All  offences  triable  in  said  Court  shall  be  prosecuted  upon 
information  under  oath,  to  be  filed  by  the  prosecuting  attorney,  but 
the  grand  jury  of  the  Circuit  Court  for  the  county  in  which  said 
Criminal  Court  is  held  may  indict  for  offences  triable  in  the  Criminal 
Court.  Upon  the  finding  of  such  indictment  the  Circuit  Judge  shall 
commit  or  bail  the  accused  for  trial  in  the  Criminal  Court,  which 
trial  shall  be  upon  information. 

Sec.  29.  The  County  Courts  in  counties  where  such  Criminal 
Courts  are  established  shall  have  no  criminal  jurisdiction  and  no 
prosecuting  Attorney. 

*  See  amendment,  189G, 


Florida— 1885  747 

Sec.  30.  The  Clerk  of  said  Court  shall  be  elected  by  the  electors 
of  the  county  in  which  the  Court  is  held  and  shall  hold  office  for  four 
years,  and  his  compensation  shall  be  fixed  by  hiAv.  He  shall  also  be 
Clerk  of  the  Count}^  Court,  The  Sheriff  of  the  County  shall  be  the 
executive  officer  of  said  Court,  and  his  duties  and  fees  shall  be  fixed 
by  law. 

Sec.  31.  The  State  Attorney  residing  in  the  county  where  such 
Court  is  held  shall  be  eligible  for  appointment  as  County  Solicitor 
for  said  county. 

Sec.  32.  Such  courts  may  be  abolished  by  the  Legislature. 

Sec.  33.  When  the  office  of  an}^  Judge  shall  become  vacant  from 
am"  cause,  the  successor  to  fill  such  vacancy  shall  be  appointed  or 
elected  only  for  the  unexpired  term  of  the  Judge  whose  death,  resig- 
nation, retirement,  or  other  cause  created  such  vacanc3\ 

Sec.  3-1.  The  Legislature  may  establish  in  incorporated  towns  and 
cities,  courts  for  the  punishment  of  offences  against  municipal  ordi- 
nances. 

Sec.  35.  Xo  courts  other  than  those  herein  specified  shall  be  estab- 
lished in  this  State. 

Sec.  30.  All  judicial  officers  in  this  State  shall  be  conservators  of 
the  peace. 

Sec.  37.  The  style  of  all  process  shall  be  "  The  State  of  Florida," 
and  all  prosecutions  shall  be  conducted  in  the  name  and  by  the 
authority  of  the  State. 

Sec.  38.  The  number  of  jurors  for  the  trial  of  causes  in  any  court 
may  be  fixed  by  law  but  shall  not  be  loss  than  six  in  any  case. 

Article  VI 

SUFFRAGE    AND    ELIGIBILITY 

Section  1.  Every  male  person  of  the  age  of  twenty-one  years  and 
upwards,  that  shall,  at  the  time  of  registration,  be  a  citizen  of  the 
United  States,  or  that  shall  have  declared  his  intention  to  become 
such  in  conformity  to  the  laws  of  the  United  States,  and  that  shall 
have  resided  and  had  his  habitation,  domicile,  home  and  place  of 
])ermanent  abode  in  Florida  for  one  year,  and  in  the  county  for  six 
months,  shall  in  such  county  be  deemed  a  qualified  elector  at  all  elec- 
tions under  this  Constitution." 

Sec.  2.  The  Legislature,  at  its  first  session  after  the  ratification  of 
this  Constitution,  shall  provide  by  law  for  the  registration  of  all  the 
legally  qualified  voters  in  each  county,  and  for  the  returns  of  elec- 
tions; and  shall  also  provide  that  after  the  completion,  from  time  to 
time,  of  such  registration,  no  f)erson  not  duly  registered  according  to 
law  shall  be  allowed  to  vote. 

Sec.  3.  Every  elector  shall  at  the  time  of  his  registration  take  and 
subscribe  to  the  following  oath :  "  I  do  solemnly  swear  or  affirm  that  I 
will  protect  and  defend  the  Constitution  of  the  United  States  and  of 
the  State  of  Florida,  that  T  am  twenty-one  years  of  age,  and  have 
been  a  resident  of  the  State  of  Florida  for  twelve  months  and  of  this 
county  for  six  months,  and  I  am  qualified  to  vote  under  the  Constitu- 
tion and  laws  of  the  State  of  Florida.'' 

oThis  section  (Art.  VI,  sec.  7)  repealed,  in  1894.     See  amendment,  1894. 


748  Florida— 1885 

Sec.  4.  No  person  under  guardianship,  non  compos  mentis  or  insane 
shall  be  qualified  to  vote  at  any  election,  nor  shall  any  person  con- 
victed of  felony  by  a  court  of  record  be  (jualified  to  vote  at  any  elec- 
tion unless  restored  to  civil  rio^hts. 

Sec.  5.  The  Legislature  shall  have  power  to,  and  shall,  enact  the 
necessary  laws  to  exclude  from  every  otKce  of  honor,  power,  trust  or 
profit,  civil  or  military,  within  the  State,  and  from  the  right  of  suf- 
frage, all  persons  convicted  of  bribery,  perjury,  larceny,  or  of  infa- 
mous crime,  or  who  shall  make,  or  become  directly  or  indirectly  inter- 
ested in,  any  bet  or  wager,  the  result  of  which  shall  depend  upon  any 
election;  or  that  shall  hereafter  fight  a  diiel  or  send  or  accept  a  chal- 
lenge to  fight,  or  that  shall  be  a  second  to  either  party,  or  that  shall 
be  the  bearer  of  such  challenge  or  acceptance;  but  the  legal  disability 
shall  not  accrue  until  after  trial  and  conviction  by  due  form  of  law. 

Sec.  6:  In  all  elections  by  the  Legislature  the  vote  shall  be  viva 
voce^  and  in  all  elections  by  the  people  the  vote  shall  be  by  ballot. 

Sec.  7.  At  any  election  at  which  a  citizen  or  subject  of  any  foreign 
country  shall  offer  to  vote  under  the  provisions  of  this  Constitution,  if 
required  by  any  elector,  he  shall  produce  to  the  persons  lawfully 
authorized  to  conduct  and  supervise  such  election  a  duly  sealed  and 
certified  copy  of  his  declaration  of  intention,  and  if  unable  to  do  so  by 
reason  that  such  copy  cannot  be  obtained  at  the  time  of  said  election, 
he  shall  be  allowed  to  make  affidavit  before  a  proper  officer,  setting 
forth  the  reason  wdiy  he  is  unable  to  furnish  such  certificate,  and  if 
said  affidavit  prove  satisfactory  to  the  inspectors  they  shall  allow  said 
elector  to  cast  his  vote;  and  any  naturalized  citizen  offering  to  vote 
shall,  if  so  required  by  any  elector,  produce  his  certificate  of  naturali- 
zation or  a  duly  certified  copy  thereof,  and  in  the  event  that  said 
elector  cannot  produce  the  same,  he  shall  be  allowed  to  make  affidavit 
before  a  proper  officer  stating  in  full  the  reason  why  it  cannot  be  fur- 
nished, and  if  satisfactory  to  the  inspectors  of  said  election  such 
elector  shall  be  allowed  to  vote," 

Sec.  8.  The  Legislature  shall  have  i^ower  to  make  the  payment  of 
the  capitation  tax  a  prerequisite  for  voting,  and  all  such  taxes  re- 
ceived shall  go  into  the  school  fund. 

Sec.  9.  The  Legislature  shall  enact  such  laws  as  will  preserve  the 
purity  of  the  ballot  given  under  this  Constitution. 

Article  VII 
census  and  apportion :n[ent 

Section  1.  The  Senators  representing  the  odd  numbered  districts, 
as  said  districts  are  now"  designated,  whose  terms  have  not  expired, 
and  those  Senators  representing  even  numbered  districts,  to  be 
elected  A.  D.  1886,  under  the  Constitution  of  1868,  shall  be  the  first 
Senate  under  this  Constitution ;  and  the  members  of  the  Assembly 
to  be  elected  A.  D.  1886  shall  be  the  first  House  of  liepresentatives 
under  this  Constitution,  and  the  Senate  and  House  of  Representatives 
thus  constituted  shall  be  the  first  Legislature  under  this  Constitution, 
and  the  terms  of  office  of  each  of  the  said  Senators  and  members  of 
the  House  of  Representatives  shall  expire  at  the  election  for  Senators 

a  This  section  (Art.  Yl,  sec.  7)  repealed  in  1894. 


Florida— 1885  749 

and  members  of  the  House  of  Representatives  A.  D.  1888,  and  in  that 
jesLV  a  new  Senate  and  House  of  Representatives  shall  be  elected. 

Sec.  2.  The  Legislatures  that  convene  in  the  j^ear  1889  and  there- 
after, shall  consist  of  not  more  than  thirty-two  members  of  the  Senate, 
and  of  not  more  than  sixty-eight  members  of  the  House  of  Repre- 
sentatives. The  members  of  the  House  of  Representatives  shall  be 
elected  for  terms  of  two  years,  and  the  members  of  the  Senate  shall 
be  elected  for  terms  of  four  vears,  except  as  hereafter  provided,  the 
elections  for  members  of  the  Senate  and  House  of  Representatives  to 
be  held  at  the  same  time  and  places.  The  terms  of  Senators  elected 
in  1888  from  districts  designated  by  even  numbers,  shall  expire  at 
the  end  of  two  years  from  that  date,  and  thereafter  all  Senators  shall 
be  elected  for  four  years,  so  that  one-half  of  the  whole  number  shall 
be  elected  biennially." 

Sec.  3.  The  Legislature  that  shall  meet  A.  D.  1887,  and  those  that 
shall  meet  every  ten  years  thereafter,  shall  apportion  the  representa- 
tion in  the  Senate,  the  Avhole  number  of  Senators  not  to  exceed  thirty- 
two  members;  and  at  the  same  time  shall  also  apportion  the  repre- 
sentation in  the  House  of  Representatives,  the  whole  number  of  Repre- 
sentatives not  to  exceed  sixtj-eight  members.  The  representation  in 
the  House  of  Representatives  shall  be  apportioned  among  the  several 
counties  as  nearly  as  possible  according  to  population;  Provided^ 
Each  county  shall  have  one  representative  at  large  in  the  House  of 
Representatives,  and  no  county  shall  have  more  than  three  Repre- 
sentatives. 

Sec.  4.  When  any  Senatorial  District  is  composed  of  two  or  more 
counties,  the  counties  of  which  such  district  consists  shall  not  be 
entirely  separated  by  any  county  belonging  to  another  district.  Any 
new  county  that  may  be  created  shall  be  entitled  to  one  member  in 
the  House  of  Representatives  until  the  next  apportionment  there- 
after; and  shall  be  assigned  when  created  to  one  of  the  adjoining 
Senatorial  Districts  as  shall  be  determined  by  the  Legislature. 

Sec.  5.  The  Legislature  shall  provide  for  an  enumeration  of  all  the 
inhabitants  of  the  State  by  counties  for  the  year  1895,  and  every  ten 
years  thereafter. 

Article  VIII 
counties  and  cities 

Section  1.  The  State  shall  be  divided  into  jxjlitical  divisions  to  be 
called  counties. 

Sec.  2.  The  several  counties  as  they  now  exist  are  hereby  recognized 
as  the  legal  ]:)olitical  divisions  of  the  State. 

Sec.  3.  The  Legislature  shall  have  power  to  establish  new  counties, 
and  to  change  county  lines.  Every  newly  established  county  shall 
be  held  liable  for  its  proportion  of  the  then  existing  liabilities  of  the 
county  or  counties  from  which  it  shall  be  formed,  rated  upon  the 
basis  of  the  assessed  value  of  the  property,  both  real  and  personal, 
subject  to  taxation  within  the  territory  taken  from  any  county  or 
counties;  and  every  county  acquiring  additional  territory  from  an- 
other county  shall  be  held  liable  for  its  proportion  of  the  liabilities  of 

"Amended,  189G. 
7251— VOL  1—07 50 


750  Florida— 1885 

such  other  ooimty  existing  at  the  time  of  such  acquisition,  to  be  rated 
upon  the  basis  of  the  assessed  value  of  all  property  subject  to  taxa- 
tion within  such  acquired  territory. 

Sec.  4.  The  Legislature  shall  have  no  power  to  remove  the  County 
Seat  of  an}^  county,  but  shall  provide  by  general  law  for  such  re- 
moval;  Prorided,,  That  in  the  formation  of  new  counties  the  County 
Seat  may  be  temporarily  established  by  law. 

Sec.  5.  There  shall  be  appointed  by  the  Governor,  by  and  with  the 
consent  of  the  Senate,  in  and  for  each  county,  five  County  Commis- 
sioners. Their  terms  of  office  shall  be  two  years,  and  their  powers, 
duties  and  compensation  shall  be  prescribed  by  law.  The  Legisla- 
ture shall  provide  for  the  division  of  each  county  into  five  districts, 
and  one  County  Commissioner  shall  be  selected  from  each  of  such 
districts. 

Sec.  6.  The  Legislature  shall  provide  for  the  election  by  the  quali- 
fied electors  in  each  county  of  the  following  county  officers:  A  Clerk 
of  the  Circuit  Court,  a  Sheriff,  Constables,  a  County  Assessor  of 
Taxes,  a  Tax  Collector,  a  County  Treasurer,  a  Superintendent  of 
Public  Instruction,  and  a  County  Surveyor.  The  term  of  office  of 
all  county  officers  mentioned  in  this  section  shall  be  four  years,  except 
that  of  County  Assessor  of  Taxes,  County  Tax  Collector  and  County 
Treasurer,  who  shall  be  elected  for  two  years.  Their  powers,  duties 
and  compensation  shall  be  j^rescribed  by  law. 

Sec.  7.  The  Legislature  shall  by  law  authorize  the  County  Com- 
missioners of  the  several  counties,  where  it  is  deemed  necessary  for 
assessment  purposes,  to  divide  their  respective  counties  into  taxation 
districts,  and  to  appoint  in  and  for  each  district  an  Assistant  Assessor 
of  Taxes,  whose  powers,  duties  and  compensation  shall  be  prescribed 
by  law.  All  county  officers,  except  Assistant  Assessors  of  Taxes, 
shall,  before  entering  upon  the  duties  of  their  respective  offices,  be 
commissioned  l>v  the  Governor;  but  no  such  commission  shall  issue 
to  any  such  officer  until  he  shall  have  filed  with  the  Secretary  of 
State  a  good  and  sufficient  bond  in  such  sum  and  upon  such  condi- 
tions as  the  Legislature  shall  by  law  prescribe,  approved  by  the 
County  Commissioners  of  the  county  in  which  such  officer  resides, 
and  by  the  Comptroller.  No  county  officer  shall  become  security 
upon  the  official  bond  of  any  other  county  officer.  If  any  person 
elected  or  appointed  to  any  county  office  shall  fail  to  give  bond  and 
qualify  within  sixty  days  after  his  election,  the  said  office  shall 
become  vacant. 

Sec.  8.  The  Legislature  shall  have  power  to  establish  and  to  abolish 
municipalities,  to  provide  for  their  government,  to  prescribe  their 
jurisdiction  and  powers,  and  to  alter  or  amend  the  same  at  any  time. 
When  any  municipality  shall  be  abolished,  provision  shall  be  made 
for  the  protection  of  its  creditors. 

Article  IX 

TAXATION    AND    FINANCE 

Section  1.  The  Legislature  shall  provide  for  a  uniform  and  equal 
rate  of  taxation,  and  shall  prescribe  such  regulations  as  shall  secure 
a  just  valuation  of  all  property,  both  real  and  personal,  excepting 


Florida— 1885  751 

such  proiDerty  as  may  be  exempted  by  law  for  municipal,  educational, 
literary,  scientific,  religious  or  charitable  purposes. 

Sec.  2.  The  Legislature  shall  provide  for  raising  revenue  sufficient 
to  defray  the  expenses  of  the  State  for  each  fiscal  year,  and  also  a 
sufficient  sum  to  pay  the  principal  and  interest  of  the  existing  indebt- 
edness of  tlie  State. 

Sec.  3.  No  tax  shall  be  levied  except  in  pursuance  of  law. 

Sec.  4.  No  money  shall  be  drawn  from  the  Treasury  except  in  pur- 
suance of  appropriations  made  by  law. 

Sec.  5.  The  Legislature  shall  authorize  the  several  counties  and 
incorporated  cities  or  towns  in  the  State  to  assess  and  impose  taxes 
for  county  and  municipal  purposes,  and  for  no  other  purposes,  and  all 
property  shall  be  taxed  upon  the  principles  established  for  State  tax- 
ation. But  the  cities  and  incorporated  towns  shall  make  their  own 
assessments  for  municipal  purposes  upon  the  property  within  their 
limits.  The  Legislature  may  also  provide  for  levying  a  special  capi- 
tation tax,  and  a  tax  on  licenses.  But  the  capitation  tax  shall  not 
exceed  one  dollar  a  year  and  shall  be  applied  exclusively  to  common 
school  purposes. 

Sec.  6.  The  Legislature  shall  have  power  to  provide  for  issuing 
State  bonds  only  for  the  purpose  of  repelling  invasion  or  suppressing 
insurrection,  or  for  the  purpose  of  redeeming  or  refunding  bonds 
already  issued,  at  a  lower  rate  of  interest 

Sec.  7.  Xo  tax  shall  be  levied  for  the  benefit  of  any  chartered 
company  of  the  State,  nor  for  paying  interest  on  any  bonds  issued 
by  such  chartered  companies,  or  by  counties,  or  by  corporations,  for 
the  above-mentioned  purpose. 

Sec.  8.  Xo  person  or  corporation  shall  be  relieved  by  any  court 
from  the  payment  of  any  tax  that  may  be  illegal,  or  illegally  or 
irregularly  assessed,  until  he  or  it  shall  have  paid  such  portion  of 
his  or  its  taxes  as  may  be  legal,  and  legally  and  regularly  assessed. 

Sec  9.  There  shall  be  exempt  from  taxation  property  to  the  value 
of  two  hundred  dollars  to  every  widow  that  has  a  family  dependent 
on  her  for  support,  and  to  every  person  that  has  lost  a  limb  or  been 
disabled  in  war  or  by  misfortune. 

Sec  10.  The  credit  of  the  State  shall  not  be  pledged  or  loaned  to 
any  individual,  company,  corporation  or  association;  nor  shall  the 
State  become  a  joint  owner  or  stockholder  in  any  company,  associa- 
tion or  corporation.  The  Legislature  shall  not  authorize  any  county, 
city,  borough,  township  or  incorporated  district  to  become  a  stock- 
holder in  any  company,  association  or  corporation,  or  to  obtain  or 
oppropriate  money  for.  or  to  loan  its  credit  to,  any  corporation,  asso- 
ciation, institution  or  individual. 

Article  X 
homestead  axd  exe:mptioxs 

Section  1.  A  homestead  to  the  extent  of  one  hundred  and  sixty 
acres  of  land,  or  the  half  of  one  acre  within  the  limits  of  any  incor- 
porated city  or  town,  owned  by  the  head  of  a  family  residing  in  this 
State,  together  with  one  thousand  dollars  worth  of  personal  property, 
and  the  improvements  on  the  real  estate,  shall  be  exempt  from  forced 


752  Florida— 1885 

sale  under  process  of  any  court,  and  the  real  estate  shall  not  be  aliena- 
ble without  the  joint  consent  of  husband  and  wife,  when  that  rela- 
tion exists.  But  no  property  shall  be  exempt  from  sale  for  taxes  or 
assessments,  or  for  the  payment  of  obligations  contracted  for  the  pur- 
chase of  said  i^roperty,  or  for  the  erection  or  repair  of  improvements 
on  the  real  estate  exempted,  or  for  house,  field  or  other  labor  per- 
formed on  the  same.  The  exemption  herein  provided  for  in  a  city 
or  town  shall  not  extend  to  more  improvements  or  buildings  than  the 
residence  and  business  house  of  the  owner:  and  no  judgment  or  decree 
or  execution  shall  be  a  lien  upon  exempted  property  except  as  pro- 
vided in  this  Article. 

Sec.  2.  The  exemptions  provided  for  in  section  one  shall  inure  to 
the  widow  and  heirs  of  the  party  entitled  to  such  exemption,  and 
shall  apply  to  all  debts,  except  as  specified  in  said  section. 

Sec.  3.  The  exemption  provided  for  in  the  Constitution  of  this 
State  adopted  in  1868  shall  apply  as  to  all  debts  contracted  and  judg- 
ments rendered  since  the  adoption  thereof  and  prior  to  the  adoption 
of  this  Constitution. 

Sec.  4.  Nothing  in  this  Article  shall  be  construed  to  prevent  the 
holder  of  a  homestead  from  alienating  his  or  her  homestead  so  ex- 
empted by  deed  or  mortgage  duly  executed  by  himself  or  herself,  and 
by  husband  and  wife,  if  such  relation  exists;  nor  if  the  holder  be  with- 
out children  to  prevent  him  or  her  from  disposing  of  his  or  her  home- 
stead by  will  in  a  manner  prescribed  by  law. 

Sec.  5.  No  homestead  provided  for  in  section  one  shall  be  reduced 
in  area  on  account  of  its  being  subsequently  included  within  the  limits 
of  an  incorporated  city  or  town,  without  the  consent  of  the  owner. 

Sec.  6.  The  Legislature  shall  enact  such  laws  as  may  be  necessary 
to  enforce  the  provisions  of  this  Article. 

Article  XI 

MARRIED   women's    PROPERTY 

Section  1.  All  property,  real  and  personal,  of  a  Avife  owned  by  her 
before  marriage,  or  lawfully  acquired  afterward  by  gift,  devise, 
bequest,  descent,  or  purchase,  shall  be  her  separate  property,  and  the 
same  shall  not  be  liable  for  the  debts  of  her  husband  without  her  con- 
sent given  by  some  instrument  in  Avriting  executed  according  to  the 
law  respecting  conveyances  by  married"  women. 

Sec.  2.  A  married  woman's  separate  real  or  personal  property  may 
be  charged  in  equity  and  sold,  or  the  uses,  rents  and  profits  thereof 
sequested  for  the  purchase  money  thereof;  or  for  money  or  thing 
due  upon  any  agreement  made  by  her  in  writing  for  the  benefi.t  of  her 
separate  property ;  or  for  the  price  of  any  property  purchased  by  her, 
or  for  labor  and  material  used  with  her  knowledge  or  assent  in  the 
construction  of  buildings,  or  repairs,  or  improvements  upon  her  prop- 
erty, or  for  agricultural  or  other  labor  bestowed  thereon,  with  her 
knowledge  and  consent. 

Sec.  3.  The  Legislature  shall  enact  such  laws  as  shall  be  necessary 
to  carry  into  effect  this  Article. 


Florida— 1885  753 

Article  XII 

EDUCATION 

Section  1.  The  Legislature  shall  provide  for  a  uniform  system  of 
public  free  schools,  and  shall  provide  for  the  liberal  maintenance  of 
the  same. 

Sec.  2.  There  shall  be  a  Superintendent  of  Public  Instruction, 
■whose  duties  shall  be  prescribed  by  law,  and  whose  term  of  office 
shall  be  four  years  and  until  the  election  and  qualification  of  his 
successor. 

Sec.  3.  The  Governor,  Secretary  of  State,  Attorney-General,  State 
Treasurer  and  State  Superintendent  of  Public  Instruction  shall  con- 
stitute a  body  corporate,  to  be  known  as  the  State  Board  of  Education 
of  Florida,  of  which  the  Governor  shall  be  President,  and  the  Super- 
intendent of  Public  Instruction  Secretary.  This  Board  shall  have 
])ower  to  remove  anv  subordinate  school  officer  for  cause,  upon  notice 
to  the  incumbent;  and  shall  have  the  management  and  investment  of 
all  State  School  Funds  under  such  regulations  as  may  be  prescribed 
by  law,  and  such  supervision  of  schools  of  higher  grades  as  the  lavv' 
shall  provide. 

Sec.  4.  The  State  School  Fund,  the  interest  of  which  shall  be 
exclusively  applied  to  the  support  and  maintenance  of  public  free 
schools,  shall  be  derived  from  the  following  sources: 

The  proceeds  of.  all  lands  that  have  been  or  may  hereafter  be 
granted  to  the  State  by  the  United  States  for  public  school  purposes. 

Donations  to  the  State  when  the  purpose  is  not  specified. 

Appropriations  by  the  State. 

The  proceeds  of  escheated  property  or  forfeitures. 

Twenty-five  per  cent,  of  the  sales  of  public  lands  which  are  now  or 
may  hereafter  be  owned  by  the  State. 

Sec.  5.  The  principal  of  the  State  School  Fund  shall  remain  sacred 
and  inviolate. 

Sec.  ().  A  special  tax  of  one  mill  on  the  dollar  of  all  taxable  prop- 
erty in  the  State,  in  addition  to  the  other  means  provided,  shall  be 
levied  and  apportioned  annually  for  the  support  and  maintenance  of 
public  free  schools. 

Sec.  7.  Provision  shall  be  made  by  law  for  the  distribution  of  the 
interest  on  the  State  School  Fund  and  the  special  tax  among  the 
several  counties  of  the  State  in  proportion  to  the  number  of  children 
residing  therein  between  the  ages  of  six  and  twenty-one  years.'' 

Sec.  8.  Each  county  shall  be  required  to  assess  and  collect  annually 
for  the  support  of  public  free  schools  therein,  a  tax  of  not  less  than 
three  mills  nor  more  than  five  mills  on  the  dollar  of  all  taxable  prop- 
erty in  the  same. 

Sec.  9.  The  County  School  Fund  shall  consist,  in  addition  to  the 
tax  provided  for  in  section  eight  of  this  Article,  of  the  proportion 
of  the  interest  of  the  State  School  Fund  and  of  the  one  mill  State 
tax  apportioned  to  the  county;  the  net  proceeds  of  all  fines  collected 
under  the  penal  laws  of  the  State  within  the  county;  all  capitation 

^Amended,  1894. 


754  Florida— 1885 

taxes  collected  within  the  county;  and  shall  be  disbursed  by  the 
County  Board  of  Public  Instruction  solely  for  the  maintenance  and 
supj)ort  of  public  free  schools. 

8ec.  10.  The  Le^^islature  may  provide  for  the  division  of  any  county 
or  counties  into  convenient  school  districts;  and  for  the  election 
biennially  of  three  school  trustees,  who  shall  hold  their  office  for  two 
years,  and  who  shall  have  the  supervision  of  all  the  schools  within 
the  district;  and  for  the  levying  and  collection  of  a  district  school  tax, 
for  the  exclusive  use  of  public  free  schools  Avithin  the  district,  when- 
ever a  majority  of  the  qualified  electors  thereof  that  pay  a  tax  on  real, 
or  personal  property  shall  vote  in  favor  of  such  levy;  ProrulecU  That 
any  tax  authorized  by  this  section  shall  not  exceed  three  mills  on  the 
dollar  in  any  one  year  on  the  taxable  property  of  the  district. 

Sec.  11.  Any  incorporated  town  or  city  may  constitute  a  School 
District.  The  fund  raised  by  section  10  may  be  expended  in  the  dis- 
trict where  levied  for  building  or  repairing  school  houses,  for  the 
purchase  of  school  libraries  and  text-books,  for  salaries  of  teachers, 
or  for  other  educational  purposes,  so  that  the  distribution  among  all 
the  schools  of  the  district  be  equitable. 

Sec.  12.  White  and  colored  children  shall  not  be  taught  in  the 
same  school,  but  impartial  provision  shall  be  made  for  both. 

Sec.  13.  Xo  law  shall  be  enacted  authorizing  the  diversion  or  the 
lending  of  any  County  or  District  School  Funds,  or  the  appropriation 
of  any  part  of  the  permanent  or  available  school  fund  to  any  other 
than  school  purposes;  nor  shall  the  same,  or  any  part  thereof,  be  ap- 
propriated to  or  used  for  the  support  of  any  sectarian  school. 

Sec.  14.  The  Legislature  at  its  first  session  shall  provide  for  the 
establishment,  maintenance  and  management  of  such  Normal  Schools, 
not  to  exceed  two,  as  the  interests  of  public  education  may  demand. 

Sec.  15.  The  compensation  of  all  county  school  officers  shall  be  paid 
from  the  school  fund  of  their  respective  counties,  and  all  other  county 
officers  receiving  stated  salaries  shall  be  paid  from  the  general  funds 
of  their  respective  counties. 

Article  XIII 

PUBLIC   INSTITUTIONS 

Section  1.  Institutions  for  the  benefit  of  the  insane,  blind  and  deaf, 
and  such  other  benevolent  institutions  as  the  public  good  may  require, 
shall  be  fostered  and  supported  by  the  State,  subject  to  such  regula- 
tions as  may  be  prescribed  by  law. 

Sec.  2.  A  State  Prison  shall  be  established  and  maintained  in 
such  manner  as  may  be  prescribed  by  law.  Provision  may  be  made 
by  law  for  the  establishment  and  maintenance  of  a  house  of  refuge 
for  juvenile  offenders;  and  the  Legislature  shall  have  power  to 
establish  a  home  and  work-house  for  common  vagrants. 

Sec.  3.  The  respective  counties  of  the  State  shall  provide  in  the 
manner  prescribed  by  law  for  those  of  the  inhabitants  that,  by  reason 
of  age,  infirmity  or  misfortune,  may  have  claims  upon  the  aid  and 
sympathy  of  society. 

Sec.  4.  The  first  Legislature  that  convenes  after  the  adoption  of 
this  Constitution  sliall  enact  the  necessary  laws  to  carry  into  effect 
the  provisions  of  this  Article. 


Florida— 1885  755 

Article  XIV 

MILITIA 

Section  1.  All  able-bodied  male  inhabitants  of  the  State,  between 
the  ages  of  eighteen  and  forty-five  years,  that  are  citizens  of  the 
United  States,  or  have  declared  their  intention  to  become  citizens 
thereof,  shall  constitute  the  militia  of  the  State;  but  no  male  citizen 
of  whatever  religious  creed  or  opinion  shall  be  exempt  from  military 
duty  except  upon  such  conditions  as  may  be  prescribed  by  law. 

Sec.  2.  The  Legislature  may  provide  by  law  for  organizing  and 
disciplining  the  militia  of  the  State,  for  the  encouragement  of  volun- 
teer corps,  the  safe  keeping  of  the  public  arms,  and  for  a  guard  for  the 
State  Prison. 

Sec.  3.  The  Governor,  by  and  with  the  consent  of  the  Senate, 
shall  appoint  two  Major-Generals  and  four  Brigadier-Generals  of 
Militia.  They  shall  take  rank  according  to  the  dates  of  their  com- 
missions. The  officers  and  soldiers  of  the  State  Militia,  when  uni- 
formed, shall  wear  the  uniform  j^rescribed  for  the  United  States 
Army;  Provided^  That  volunteer  companies  may  select  their  own 
uniforms. 

Sec.  4.  The  Governor  shall  have  jsower  to  call  out  the  Militia  to 
preserve  the  public  peace,  to  execute  the  laws  of  the  State,  to  suppress 
insurrection,  or  to  repel  invasion. 

Article  XV 

PUBLIC   HEALTH 

Section  1.  The  Legislature  shall  establish  a  State  Board  of  Health 
and  also  County  Boards  of  Health  in  all  counties  where  it  may  be 
necessary. 

Sec.  2.  The  State  Board  of  Health  shall  have  supervision  of  all 
matters  relating  to  public  health,  with  such  duties,  powers  and  re- 
sponsibilities as  may  be  prescribed  by  law. 

Sec.  8.  The  County  Boards  of  Health  shall  have  such  powers  and 
be  under  the  supervision  of  the  State  Board  to  such  extent  as  the 
Legislature  may  prescribe. 

Article  XVI 

misci:llaneous  provisions 

Section  1.  The  Seat  of  Government  shall  be  at  the  City  of  Talla- 
hassee, in  the  county  of  Leon. 

Sec.  2.  Each  and  every  officer  of  this  State,  including  the  members 
of  the  Legislature,  shall  before  entering  upon  the  discharge  of  his 
official  duties  take  the  following  oath  of  office :  I  do  solemnly  swear 
[or  affirm]  that  I  Avill  support,  protect,  and  defend  the  Constitution 
and  Government  of  the  United  States  and  of  the  State  of  Florida ; 
that  I  am  duly  qualified  to  hold  office  under  (he  Constitution  of  the 

State,  and  that  I  will  well  and  faithfully  i^erform  the  duties  of 

on  which  I  am  now  about  to  enter.     So  help  me  God. 


756  Florida— 1885 

Sec.  3.  The  salary  of  each  officer  shall  be  payable  quarterly  upon 
his  own  re(|uisiti()n. 

Sec.  4.  All  county  officers  shall  hold  their  respective  offices,  and 
keep  their  official  books  and  records,  at  the  county  seats  of  their 
counties;  and  the  Clerk  and  Sheritf'  shall  either  reside  or  have  a  sworn 
deputy  within  two  miles  of  the  county  seat. 

Sec.  5.  The  Le«i:islature  may  provide  for  the  donation  of  the  public 
lands  to  actual  settlers,  but  such  donation  shall  not  exceed  eighty 
acres  to  any  one  person. 

Sec.  C).  The  Legislature  shall  provide  for  the  speedy  publication 
and  distribution  of  all  laws  it  may  enact.  All  decisions  of  the  Su- 
preme Court  and  all  laws  and  judicial  decisions  shall  be  free  for  pub- 
lication by  any  person.  But  no  judgment  of  the  Supreme  Court  shall 
take  effect  until  the  opinion  of  the  Court  in  such  case  shall  be  filed 
with  the  Clerk  of  said  Court." 

Sec.  7.  The  Legislature  shall  not  create  any  office,  the  term  of  which 
shall  be  longer  than  four  years. 

Sec.  8.  A  plurality  of  votes  given  at  an  election  of  officers  shall 
constitute  a  choice  when  not  otherwise  provided  by  this  Constitution, 

Sec.  9.  In  all  criminal  cases  prosecuted  in  the  name  of  the  State, 
where  the  defendant  is  insolvent  or  discharged,  the  State  shall  pay 
the  legal  costs  and  expenses,  including  the  fees  of  officers,  under  such 
regulations  as  shall  be  prescribed  b}^  law.'' 

Sec,  10.  The  Governor.  Supreme  Court  and  all  the  administrative 
officers  of  the  Executive  Department  shall  keep  their  offices  at  the  Seat 
of  Government.  But  in  case  of  invasion  or  violent  epidemics  the 
GoA^ernor  may  direct  that  the  offices  of  the  Government  be  removed 
temporarily  to  some  other  place.  The  sessions  of  the  Legislature  may 
be  adjourned  for  the  same  cause  to  some  other  place,  but  in  case  of 
such  removal  all  the  Departments  of  the  Government  shall  be  removed 
to  one  place.  But  such  removal  shall  not  continue  longer  than  the 
necessity  for  the  same  shall  continue. 

Sec.  11.  Xo  extra  compensation  shall  be  made  to  any  officer,  agent, 
employe,  or  contractor  after  the  service  shall  have  been  rendered,  or 
the  contract  made;  nor  shall  any  money  be  appropriated  or  paid  on 
any  claim,  the  subject  matter  of  which  shall  not  have  been  provided 
for  hy  pre-existing  law^s,  unless  such  compensation  or  claim  be  allowed 
by  bill  passed  by  two-thirds  of  the  members  elected  to  each  house  of 
the  Legislature. 

Sec.  12,  The  present  Seal  of  the  State  shall  be  and  remain  the  Seal 
of  the  State  of  Florida :  and  the  present  State  Emblem  shall  be  and 
remain  the  Emblem  of  the  State  of  Florida. 

Sec.  13.  The  sureties  upon  the  official  bonds  of  all  the  State  officers 
shall  be  residents  of,  and  have  sufficient  visible  property  unencum- 
bered within  the  State,  not  exempt  from  sale  under  legal  process,  to 
make  good  their  bonds;  and  the  sureties  upon  the  official  bonds  of  all 
county  officers  shall  reside  within  the  counties  where  such  county 
officers  reside,  and  have  sufficient  visible  property  therein  unencum- 

aAmended,  1890.  ftAuiended,  1894. 


Florida— 1885  Ibl 

bered  and  not  exempt  from  sale  under  legal  process  to  make  good 
their  bonds."^ 

Sec.  14.  All  State.  County,  and  Municipal  officers  shall  continue 
in  office  after  the  expiration  of  their  official  terms  until  their  suc- 
cessors are  duly  qualified. 

Sec.  15.  No  person  holding  or  exercising  the  functions  of  any  office 
under  any  foreign  Government,  under  the  Government  of  the  United 
States,  or  under  any  other  State,  shall  hold  any  office  of  honor  or 
profit  under  the  government  of  this  State;  and  no  person  shall  hold, 
or  perform  the  functions  of,  more  than  one  office  under  the  govern- 
ment of  this  State  at  the  same  time;  Prorkled,  Notaries  Public,  militia 
officers,  county  school  officers  and  Commissioners  of  Deeds  may  be 
elected  or  appointed  to  fill  any  legislative,  executive  or  judicial  office. 

Sec.  16.  The  property  of  all  corporations,  except  the  propert}'  of  a 
corporation  which  shall  construct  a  ship  or  barge  canal  across  the 
peninsula  of  Florida,  if  the  Legislature  should  so  enact,  whether 
heretofore  or  hereafter  incorporated,  shall  be  subject  to  taxation 
unless  such  property  be  held  and  used  exclusively  for  religious,  scien- 
tific, municipal,  educational,  literary  or  charitable  purposes. 

Sec.  it.  No  person  shall  hold  any  office  of  trust  or  profit  under  the 
laws  of  this  State  without  devoting  his  personal  attention  to  the 
duties  of  the  same. 

Sec.  18.  The  Legislature  shall  provide  for  deductions  from  the 
salaries  of  public  officers  who  neglect  the  performance  of  any  duty 
assigned  them  by  law. 

Sec.  19.  No  Convention  nor  Legislature  of  this  State  shall  act  upon 
any  amendment  of  the  Constitution  of  the  United  States  proposed  by 
Cong^ress  to  the  several  States,  unless  such  Convention  or  Legislature 
shall  have  been  elected  after  such  amendment  is  submitted. 

Sec.  20.  The  Governor  and  every  State  officer  are  hereby  prohib- 
ited from  giving  certificates  of  election  or  other  credentials  to  any 
person  as  having  been  elected  to  the  House  of  Ivepresentatives  of  the 
United  States  Congress,  or  the  United  States  Senate,  who  has  not 
been  five  years  a  citizen  of  the  State  and  ten  years  a  citizen  of  the 
United  States,  and  a  qualified  voter. 

Sec.  21.  Deeds  and  mortgages  which  have  been  proved  for  record 
and  recorded  according  to  law,  shall  be  taken  as  prima  facie  evidence 
in  the  courts  of  this  State  without  requiring  proof  of  the  execution. 
A  certified  copy  of  the  record  of  any  deed  or  mortgage  that  has  been 

o  The  joint  resolution  approved  August  0,  18G8  (Laws,  p.  18.3).  resolved: 
"That  a  seal  of  the  size  of  the  American  silver  dollar,  having  in  the  centre 
thereof  a  view  of  the  sun's  rays  over  a  highland  in  the  distance,  a  cocoa  tree,  a 
steanihoat  on  water,  and  an  Indian  female  scattering  tlowers  in  the  foreground, 
encircled  hy  the  words  '  Great  Seal  of  the  State  of  Florida  :  in  Ood  We  Trust,' 
be  and  the  same  is  hereby  adopted  as  the  great  seal  of  the  State  of  Florida,  and 
immediately  after  such  seal  shall  be  prepared  for  use,  the  Governor  shall  issue 
his  proclamation  announcing  that  the  same  has  become  the  great  seal  of  the 
State." 

The  constitution  of  1808,  Article  XVI.  section  .31,  directed  as  follows:  "The 
Legislature  shall,  as  sooii  as  convenient.  adoi)t  a  State  emblem  having  the  design 
of  the  great  seal  of  the  State  impressed  upon  a  white  ground  of  six  feet  six 
inches  tly  and  six  feet  deep." 


758  Florida— 1885 

or  shall  be  duly  recorded  according  to  law  shall  be  admitted  as  'prlr/m 
facie  evidence  thereof,  and  of  its  due  execution  with  like  effect  as 
the  original  duly  proved;  Pi'ovided^  It  be  made  to  appear  that  the 
original  is  not  within  the  custody  or  control  of  the  party  offering 
such  copy. 

Sec.  22.  The  Legislature  shall  provide  for  giving  to  mechanics 
and  laborers  an  adequate  lien  on  the  subject  matter  of  their  labor. 

Sec.  23.  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. 

Sec.  24.  All  marriages  between  a  white  person  and  a  negro,  or 
between  a  white  i^erson  and  a  person  of  negro  descent  to  the  fourth 
generation,  inclusive,  are  hereby  forever  prohibited. 

Sec.  25.  The  term  felony,  whenever  it  may  occur  in  this  Constitu- 
tion or  in  the  laws  of  the  State,  shall  be  construed  to  mean  an}'  crim- 
inal offence  punishable  with  death  or  imprisonment  in  the  State 
Penitentiary. 

Sec.  26.  The  Legislature  may  make  provision  for  the  proper  ad- 
justment and  settlement  of  the  claim  of  the  citizens  of  Ocala  against 
the  State  for  certain  aid  given  by  the  town  of  Ocala  for  the  establish- 
ment of  the  East  Florida  Seminary  in  1852,  and  conditional  upon 
its  location  at  the  said  town. 

Sec.  27.  The  Legislature  shall  appro2:)riate  at  least  five  hundred 
dollars  each  year  for  the  purchase  of  such  books  for  the  Supreme 
Court  Library  as  the  Court  may  direct. 

Sec.  28.  The  Legislature  may  provide  for  the  drainage  of  the  land 
of  one  person  over  or  through  that  of  another,  upon  just  compensa- 
tion therefor  to  the  owner  of  the  land  over  which  such  drainage  is 
had. 

Sec.  29.  No  private  property  nor  right  of  way  shall  be  appropri- 
ated to  the  use  of  any  corporation  or  individual  until  full  compensa- 
tion therefor  shall  be  first  made  to  the  owner,  or  first  secured  to  him 
by  deposit  of  money ;  Avhich  compensation,  irrespective  of  any  bene- 
fit from  any  improvement  proposed  by  such  corporation  or  indi- 
Aadual,  shall  be  ascertained  by  a  jury  of  twelve  men  in  a  court  of 
competent  jurisdiction,  as  shall  be  prescribed  by  law. 

Sec.  30.  The  Legislature  is  invested  with  full  power  to  pass  laws 
for  the  correction  of  abuses  and  to  prevent  unjust  discrimination  and 
excessive  charges  by  persons  and  corporations  engaged  as  common 
carriers  in  transporting  persons  and  property,  or  performing  other 
services  of  a  public  nature ;  and  shall  provide  for  enforcing  such  laws 
by  adequate  penalties  or  forfeitures. 

Sec.  31.  No  railroad  or  other  transportation  company  or  common 
carrier  in  this  State  shall  grant  a  free  pass,  or  discount  the  fare  paid 
by  the  public  generally,  to  any  member  of  the  Legislature,  or  to  any 
salaried  officer  of  this  State,  and  the  Legislature  shall  prohibit  the 
granting  or  receiving  such  free  pass,  or  fare  at  a  discount,  by  suitable 
penalties. 

Article  XVII 
amendments 

Section  1.  Either  branch  of  the  Legislature,  at  a  regidar  session 
thereof,  may  propose  amendments  to  this  Constitution;  and  if  the 


Florida— 1885  759 

same  be  agreed  to  by  three-fifths  of  all  the  members  elected  to  each 
House,  such  jjroposed  amendments  shall  be  entered  upon  their  re- 
spective Journals  with  the  yeas  and  nays,  and  published  in  one  news- 
paper in  each  county  where  a  newspaper  is  published,  for  three 
months  immediately  preceding  the  next  general  election  of  Repre- 
sentatives, at  which  election  the  same  shall  be  submitted  to  the  elect- 
ors of  the  State,  for  approval  or  rejection.  If  a  majority  of  the 
electors  voting  upon  the  amendments  at  such  election  shall  adopt  the 
amendments,  the  same  shall  become  a  part  of  the  Constitution. 
The  proposed  amendments  shall  be  so  submitted  as  to  enable  the  elect- 
ors to  vote  on  each  amendment  separately. 

Sec.  2.  If  at  any  time  the  Legislature,  by  a  vote  of  two-thirds  of  all 
the  members  of  both  Houses,  siiall  determine  that  a  revision  of  this 
Constitution  is  necessary,  such  determination  shall  be  entered  upon 
their  respective  Journals,  with  the  yeas  and  nays  thereon.  Notice 
of  said  action  shall  be  published  weekly  in  one  newspaper  in  every 
county  in  which  a  newspaper  is  published,  for  three  months  preceding 
the  next  general  election  of  Representatives,  and  in  those  counties 
where  no  newspaper  is  published,  notice  shall  be  given  by  posting 
at  the  several  jDolling  precincts  in  such  counties  for  six  weeks  next 
preceding  said  election.  The  electors  at  said  election  may  vote  for 
or  against  the  revision  in  question.  If  a  majority  of  the  electors  so 
voting  be  in  favor  of  revision,  the  Legislature  chosen  at  such  election 
shall  provide  b}'  law  for  a  Convention  to  revise  the  Constitution, 
said  Convention  to  be  held  within  six  months  after  the  passage  of 
such  law.  The  convention  shall  consist  of  a  number  equal  to  the 
membership  of  the  House  of  Representatives,  and  shall  be  appor- 
tioned among  the  several  counties  in  the  same  manner  as  members 
of  said  House. 

Article  XVIII 

SCHEDULE 

Section  L  The  Constitution  adopted  A.  D.  1868,  with  amend- 
ments thereto,  is  declared  to  be  superceded  by  this  Constitution :  But 
all  rights,  actions,  claims  and  contracts,  both  as  respects  individuals 
and  bodies  corporate,  shall  continue  to  be  as  valid  as  if  this  constitu- 
tion had  not  been  adopted.  And  all  fines,  taxes,  penalties  and  for- 
feitures due  and  owing  to  the  State  of  Florida  under  the  Constitution 
of  18G8,  shall  inure  to  the  use  of  the  State  under  this  Constitution. 

Sec.  2.  All  laws  now  in  force  not  inconsistent  Avith  this  Con- 
stitution shall  continue  in  force  until  they  shall  expire  by  their  own 
limitation,  or  l)e  repealed  by  the  Legislature. 

Sec.  3.  All  persons  holding  any  office  or  aj^pointment  at  the  ratifi- 
cation of  this  Constitution  shall  continue  in  the  exercise  of  the  duties 
thereof,  according  to  their  respectiA'e  commissions  or  appointemnts, 
and  until  their  successors  are  duly  qualified,  unless  by  this  Constitu- 
tion otherwise  provided. 

Sec.  4.  Nothing  contained  in  this  Constitution  shall  operate  to 
vacate  the  office  of  Lieutenant-Governor  until  the  expiration  of  his 
present  term. 

Sec.  5.  All  vacancies  occurring  by  limitation  of  terms  before  the 
general  election  in  1888  shall  be  filled  as  provided  for  bv  laAv  under 
the  Constitution  of  1868. 


760  Florida— 1885 

Sec.  C).  The  term  of  office  for  all  appointees  to  fill  vacancies  in  any 
of  the  elective  offices  under  this  Constitution,  shall  extend  only  to  the 
election  and  qualification  of  a  successor  at  the  ensuing  general 
election. 

Sec.  7.  In  all  cases  of  elections  to  fill  vacancies  in  office  such  elec- 
tion shall  be  for  the  unexpired  term. 

Sec.  8.  Upon  the  ratification  of  this  Constitution  the  Commissioner 
of  Lands  and  Immigration  shall  assume  the  office  of  Connnissioner  of 
Agriculture,  and  his  duties  as  such  shall  be  prescribed  bv  the  first 
Legislature  assembled  under  this  Constitution. 

Sec.  9.  A  general  election  shall  be  held  in  each  county  in  this  State 
on  the  first  Tuesday  after  the  first  Monday  in  November,  A.  D.  1888, 
and  every  two  years  thereafter,  for  all  elective  State  and  county 
officers  whose  terms  of  office  are  about  to  expire,  or  for  any  office  that 
shall  have  become  vacant.* 

Sec.  10.  The  first  election  for  County  Judge,  Clerk  of  the  Circuit 
Court,  Sheriff,  Tax  Assessor,  Tax  Collector,  County  Treasurer, 
County  Sui:)erintendent  of  Public  Instruction,  County  Surveyor, 
Justices  of  the  Peace,  Constables  and  all  other  elective  County  Offi- 
cers shall  be  at  the  general  election  in  1888. 

Sec.  11.  It  shall  be  the  duty  of  the  President  of  this  Convention 
immediately  on  its  adjournment  to  certify  to  the  Governor  a  copy  of 
this  Constitution. 

Sec.  12.  Upon  receipt  of  such  certified  copy  the  Governor  shall 
forthwith  announce  the  fact  by  proclamation,  to  be  published  in  such 
newspapers  in  this  State  as  may  be  deemed  re(|uisite  for  general  in- 
formation, and  five  printed  copies  of  such  Constitution  shall  be  trans- 
mitted by  the  Secretary  of  State  to  the  Clerk  of  the  Circuit  Court, 
and  five  to  the  County  Judge  of  each  county,  which  shall  be  kept  on 
file  in  their  respective  offices  for  examination  by  any  person  desiring 
the  same. 

Sec.  13.  All  Courts  as  now  organized  and  constituted  shall  con- 
tinue with  their  jurisdiction  until  the  Legislature  shall  conform  to 
the  requirements  of  this  Constitution  the  jurisdiction  of  such  Courts 
as,  under  this  Constitution,  are  to  exercise  in  whole  or  in  part  the 
jurisdiction  of  Courts  now  organized. 

Sec.  14.  The  terms  of  office  of  all  County  Officers,  unless  otherwise 
provided,  shall  commence  on  the  first  Tuesday  after  the  first  Monday 
in  January  next  after  their  election. 

Article  XIX 

LOCAL,    OPTION 

Section  1.  The  Board  of  County  Commissioners  of  each  county 
in  the  State,  not  oftener  than  once  in  every  two  years,  upon  the 
application  of  one-fourth  of  the  registered  voters  of  any  county,  shall 
call  and  provide  for  an  election  in  the  county  in  which  appli- 
cation is  made,  to  decide  whether  the  sale  of  intoxicating  liquors, 
Avines  or  beer  shall  be  prohibited  therein,  the  question  to  be  deter- 
mined by  a  majority  vote  of  those  voting  at  the  election  called  under 

*  Aiiiendea.  1896. 


Florida— 1885  761 

this  section,  which  election  shall  be  conducted  in  the  manner  pre- 
scribed by  law  for  holding  general  elections;  Promded.,  That  intoxi- 
cating liquors,  either  spiritous,  vinous,  or  malt,  shall  not  be  sold  in 
any  election  district  in  which  a  majority  vote  was  cast  against  the 
same  at  the  said  election.  P^lections  under  this  section  shall  be  held 
within  sixty  days  from  the  time  of  presenting  said  application,  but 
if  any  such  election  should  thereby  tak-e  place  within  sixty  days  of 
any  kState  or  National  election,  it  shall  be  held  within  sixty  days  after 
any  such  State  or  National  election. 

Sec.  2.  The  Legislature  shall  provide  necessary  laws  to  carry  out 
and  enforce  the  provisions  of  Section  1  of  this  Article. 

ordinances 

Ordinance  No.  1 

Section  1.  This  Constitution  shall  be  submitted  to  the  people  of 
the  State  of  Florida  for  ratification  on  the  first  Tuesday  after  the 
first  Monday  in  November,  A.  D.  1886,  and  it  shall  require  a  ma- 
jority of  the  votes  cast  upon  the  question  to  determine  its  ratification 
or  rejection. 

Sec.  2.  At  such  election  each  qualified  elector  shall  express  his 
assent  or  dissent,  by  having  written  or  printed  upon  the  ticket  which 
he  shall  vote  the  words,  "  For  the  Constitution,"  or  "Against  the 
Constitution;"  such  election  being  subject  to  the  same  regulations 
and  restrictions  as  are  now  prescribed  by  law.  And  in  case  of  its 
ratification  by  the  people,  the  Governor  shall  forthwith  cause  proc- 
lamation to  be  made  of  the  fact,  and  it  shall  go  into  eli'ect  on  the  first 
day  of  January,  A.  D,  1887. 

Ordinance  No.  2 

Section  1.  Article  XIX  shall  be  submitted  to  the  people,  when  the 
Constitution  is  submitted  for  ratification,  to  become  a  part  of  the  Con- 
stitution, if  adopted  by  a  majority  of  the  votes  cast  upon  the  question, 
and  the  ballots  of  those  voting  on  this  Article  shall  have  written  or 
printed  on  them  the  words,  "  For  Article  XIX,"  or  "Against  Article 
XIX." 

Ordinance  No.  .'? 

Be  it  ordained  by  the  People  of  Florida,  Kepresentod  in  Constitu- 
tional Convention : 

Section  1.  The  pay  of  the  members  of  this  Constitutional  Conven- 
tion shall  be  a  per  diem  for  attendance  of  six  ($6.00)  dollars  a  day  in 
addition  to  mileage  of  ten  cents  a  mile,  each  way,  from  their  places 
of  residence  to  the  Capital  and  return,  estimated  by  the  shortest  thor- 
oughfare. 

Sec.  2.  The  pay  of  the  Secretary  and  Assistant  Secretary  of  the 
Convention  and  all  the  Clerks  elected  by  the  Convention  shall  be  six 
($6.00)  dollars  per  diem  each,  allowing  the  Secretary  and  Assistant 
Secretary  one  day  after  adjournment  to  complete  unfinished  busi- 
ness; all  Committee  Clerks  shall  receive  five  ($5.00)  dollars  per  diem 
for  the  number  of  days  certified  by  the  Chairman  of  the  Committee; 
the  pay  of  the  Sergeant-at-Arms  shall  be  six  ($6.00)  dollars  per  diem, 


762  Florida— 1896 

and  the  Assistant  Sergeant-at-Arms  shall  be  five  ($5.00)  dollars  per 
diem ;  the  pay  of  the  Messengers  of  the  Convention  shall  be  fonr 
($4.00)  dolliirs  per  diem  each;  the  pay  of  the  Door-Keej^er  shall  be 
five  ($5.00)  dollars  per  diem;  the  pay  of  Pages  shall  be  three  ($?>.00) 
dollars  per  diem  each;  the  pay  of  the  Janitor  shall  be  two  ($2.00) 
dollars  per  diem ;  the  pay  of  the  Chaplain  shall  be  one  hnndred  dol- 
lars. The  Recording  Clerk  shall  complete  his  work  after  the  adjourn- 
ment of  the  Convention,  under  the  supervision  of  the  Secretary  of 
State,  and  shall  be  paid  for  the  same  fifty  dollars  when  his  work  is 
completed.  Eighteen  dollars  shall  be  paid  AV.  R.  Carter  for  services 
as  Assistant  Secretary  for  three  days.  Messrs.  Dorr  &  Bo  wen  shall  be 
paid  for  printing  the  amount  approved  by  the  Committee  on  Printing, 
certified  by  the  President  and  Secretary  of  the  Convention. 

Sec.  3.  The  Comptroller  is  required  to  draw  his  warrant  on  the 
Treasurer  in  favor  of  the  officers  and  employees  of  this  Convention 
for  the  full  amount  allowed  them  by  section  two,  and  to  each  dele- 
gate of  this  Convention  for  his  pro  rata  share  of  the  amount  ap- 
propriated by  the  Legislature,  after  deducting  from  said  amount 
the  amount  due  said  employees  and  all  other  expenses,  including  mile- 
age of  members,  incurred  by  this  Convention, 

Sec.  4.  The  President  is  authorized  on  behalf  of  this  Convention 
to  issue  certificates  signed  by  himself  and  countersigned  by  the  Secre- 
tary, to  each  of  the  members,  payable  to  himself  or  his  order,  bearing 
interest  at  the  rate  of  eight  per  cent,  per  annum  from  date,  for  the 
amount  remaining  due  on  account  of  the  deficiency  of  the  Legislative 
approi:)riation  for  expenses  of  this  Convention. 

Sec.  5.  The  Legislature  shall  make  an  appropriation  at  its  next 
session  to  pay  said  certificates. 

Sec.  6.  Be  it  further  enacted,  That  the  Secretary  of  this  Conven- 
tion be  and  he  is  hereby  authorized  to  audit  the  accounts  of  the  mem- 
bers and  all  other  expenses. 

Done  in  open  Convention,  at  Tallahassee,  this  3d  day  of  August, 
A.  D.  eighteen  hundred  and  eighty-five,  and  of  the  independence  of 
the  Uniited  States  the  one  hundred  and  tenth  year. 

S.  Pasco,  President. 

J,  E.  Yonge,  First  Vice-President. 

Wm.  H.  Reynolds,  Secretary  Convention. 

AMENDMENTS 
(Article  III,  sec.  3,  1896) 

Sec.  3.  The  members  of  the  House  of  Representatives  of  the  State 
of  Florida  shall  be  chosen  biennially  beginning  with  the  general 
election  on  the  first  Tuesday  after  the  first  Monday  in  November, 
1898,  and  thereafter  on  the  corresponding  day  of  every  second  year. 

(Article  III,  sec.  17,  1896) 

Sec.  17.  Every  bill  shall  be  read  by  its  title,  on  its  first  reading,  in 
either  house,  unless  one-third  of  the  members  present  desire  it  read  by 
sections.  Every  bill  shall  be  read  on  three  several  days  unless  two- 
thirds  of  the  members  present  when  such  bill  may  be  pending  shall 
deem  it  expedient  to  dispense  with  this  rule.    Every  bill  shall  be  read 


Florida— 189 J^— 96  763 

by  its  sections  on  its  second  reading  and  on  its  final  passage,  unless 
on  its  second  reading  two-thirds  of  the  members  present  in  the  Honse 
Avhere  such  bill  may  be  ])ending,  shall  deem  it  expedient  to  dispense 
with  this  rule.  The  vote  on  the  final  passage  of  every  bill  or  joint 
resolution  shall  be  taken  b}'  yeas  and  nays  to  be  entered  on  the 
Journal  of  each  House;  Provided,  That  any  general  revision  of  the 
entire  laws  embodied  in  any  bill  shall  not  be  required  to  be  read  by 
sections  upon  its  final  passage,  and  its  reading  may  be  wholly  dis- 
pensed with  by  a  two-third  vote.  A  majority  of  the  members  present 
in  each  house  shall  be  necessary  to  pass  every  bill  or  joint  resolution, 
all  bills  or  joint  resolutions,  so  passed  shall  be  signed  by  the  presid- 
ing officer  of  the  respective  Houses  and  by  the  Secretary  of  the  Senate 
and  the  Clerk  of  the  House  of  Representatives. 

(Article  IV,  see.  12,  1890) 

Sec.  12.  The  Governor,  Secretary  of  State,  Comptroller,  Attorney- 
General  and  Commissioner  of  Agriculture  or  a  major  part  of  them, 
of  whom  the  Governor  shall  be  one,  may  upon  such  conditions  and 
with  such  limitations  and  restrictions  as  they  ma}^  deem  proper, 
remit  fines  and  forfeitures,  commute  punishment  and  grant  pardon 
after  conviction,  in  all  cases  except  treason  and  impeachment,  sub- 
ject to  such  regulations  as  may  be  prescribed  by  law^  relative  to  the 
manner  of  applying  for  pardons. 

(Article  V,  sec.  22,  1896) 

Sec.  22.  The  Justices  of  the  Peace  shall  have  jurisdiction  in  cases 
at  law  in  which  the  demand  or  value  of  the  property  involved  does 
not  exceed  $100.00  and  in  which  the  cause  of  action  accrued  or  the 
defendent  resides  in  his  district ;  and  in  such  criminal  cases,  except 
felonies,  as  may  be  prescribed  by  law,  and  he  shall  have  power  to  issue 
process  for  the  arrest  of  all  persons  charged  with  felonies  and  mis- 
demeanors not  within  his  jurisdiction. 

(Article  VI,  1894) 
SUFFRAGE    AND    ELIGIBILITY 

Section  1.  Every  male  person  of  the  age  of  twenty-one  years  and 
upwards,  that  shall,  at  the  time  of  registration,  be  a  citizen  of  the 
United  States,  and  that  shall  have  resided  and  had  his  habitation, 
domicile,  home  and  place  of  permanent  abode  in  Florida  for  one  year 
and  in  the  county  for  six  months,  shall  in  such  county  be  deemed  a 
qualified  elector  at  all  elections  under  this  Constitution.  Naturalized 
citizens  of  the  United  States  at  the  time  of  and  before  registration- 
shall  produce  to  the  registration  officer  his  certificate  of  naturaliza- 
tion or  a  duly  certified  copy  thereof. 

(Article  VII,  sec.  2,  1896) 

Sec.  2.  The  Legislature  shall  consist  of  not  more  than  thirty-two 
members  of  the  Senate,  and  of  not  more  than  sixty-eight  members  of 
the  House  of  Representatives.  The  members  of  the  House  of  Repre- 
sentatives shall  be  elected  for  terms  of  two  years,  and  the  members 


764  Florida— 1894— 96 

of  the  Senate  shall  be  elected  for  terms  of  four  years,  except  as  here- 
inafter provided.  The  elections  for  nienibers  of  the  House  of  Kei)re- 
sentatives  and  Senate  shall  be  at  the  same  time  and  places.  The 
terms  of  office  of  the  Senators  elected  in  October  A.  D.  181)(),  shall 
expire  on  the  first  Tuesday  after  the  first  ^londav  in  November  A.  D. 
1900,  and  the  terms  of  those  elected  in  November  A.  I).  1808,  shall 
expire  on  the  first  Tuesday  after  the  first  Monday  in  November  A.  D. 
1902,  and  thereafter  all  Senators  shall  be  elected  for  four  years. 

(Article  XII.  sec.  7,  1804) 

Sec.  7.  Provision  shall  be  made  by  law  for  the  apportionment  and 
distribution  of  the  interest  on  the  State  School  Fund  and  all  other 
means  provided,  including  the  special  tax,  for  the  support  and  main- 
tenance of  public  free  schools,  among  the  several  counties  of  the  State 
in  proportion  to  the  average  attendance  upon  schools  in  the  said  coun- 
ties respectively. 

(Article  XVI,  sec.  (J,  1896). 

Sec.  C).  The  Legislature  shall  provide  for  the  speedy  publication 
and  distribution  of  all  laws  it  ma}^  enact.  Decisions  of  the  Supreme 
Court  and  all  laws  and  judicial  decisions  shall  be  free  for  publication 
by  any  person.  But  no  judgment  of  the  Supreme  Court  shall  take 
elFect  until  the  decision  of  the  court  in  such  case  shall  be  filed  with 
the  clerk  of  said  court. 

(Article  XVI,  sec.  9,  1894) 

Sec.  9.  In  all  criminal  cases  prosecuted  in  the  name  of  the  State 
when  the  defendant  is  insolvent  or  discharged,  the  legal  costs  and 
expenses,  including  the  fees  of  officers,  shall  be  paid  by  the  counties 
where  the  crime  is  committed,  under  such  regulations  as  shall  be  pre- 
scribed by  laAv :  and  all  fines  and  forfeitures  collected  under  the  penal 
laws  of  the  State  shall  be  paid  into  the  county  treasuries  of  the 
respective  counties  as  a  general  fund. 

(Article  XVIII,  sec.  9,  1896) 

Sec.  9.  A  general  election  shall  be  held  in  each  county  in  this  State 
on  the  first  Tuesday  after  the  first  Monday  in  November,  A.  D.  1898, 
and  every  two  years  thereafter,  for  all  elective  State  and  County 
officers,  whose  terms  of  office  are  about  to  expire,  or  for  any  elective 
office  that  shall  have  become  vacant. 


GEORGIA 


For  organic  acts  relating  to  the  lands  now  included  within  Georgia,  see  in 
this  worli : 

Charter  of  Virginia,  1606  (Virginia,  p,  378o). 

Charter  of  Carolina,  1663  (North  Carolina,  p.  2743). 

Proprietary  Proposals,  1663  (North  Carolina,  p,  2753). 

Charter  of  Carolina,  166.5  (North  Carolina,  p,  27()1). 

Fundamental  Constitutions  of  Carolina,  1669  (North  Carolina,  p.  2772). 


CHARTER  OF  GEORGIA— 1732  *  « 

George  the  second,  by  the  grace  of  God,  of  Great  Britain,  France 
and  Ireland,  king,  defender  of  the  faith,  and  so  forth.  To  all  to 
whom  these  presents  shall  come,  greeting. 

Whereas  we  are  credibly  informed,  that  many  of  our  poor  subjects 
are,  through  misfortunes  and  want  of  employment,  reduced  to  great 
necessity,  insomuch  as  by  their  labor  they  are  not  able  to  provide  a 
maintenance  for  themselves  and  families;  and  if  they  had  means  to 
defray  their  charges  of  passage,  and  other  expences,  incident  to  new 
settlements,  they  would  be  glad  to  settle  in  any  of  our  provinces  in 
America  nvhere  by  cultivating  the  lands,  at  present  waste  and  deso- 
late, they  might  not  only  gain  a  comfortable  subsistence  for  them- 
selves and  families,  but  also  strengthen  our  colonies  and  increase  the 
trade,  navigation  and  wealth  of  these  our  realms.  And  whereas  our 
provinces  in  North  America,  have  been  frequently  ravaged  by  Indian 
enemies;  more  especially  that  of  South-Carolina,  which  in  the  late 
war,  by  the  neighboring  savages,  was  laid  waste  with  fire  and  sword, 
and  great  nimibers  of  English  inhabitants,  miserably  massacred,  and 
our  loving  subjects  who  now  inhabit  them,  by  reason  of  the  smallness 
of  their  numbers,  will  in  case  of  a  new  war,  be  exposed  to  the  late 
calamities;  inasmuch  as  their  whole  southern  frontier  continueth 
unsettled,  and  lieth  open  to  the  said  savages — And  Avhereas  we  think 

*  The  Charters  of  the  following  Provinces  of  North  America ;  Virginia,  Mary- 
land, Connecticut,  Rhode  Island,  Pennsylvania,  Massachusetts  Ray  and 
North  American  Colonies.  In  Consequence  of  the  Stamp  Act.  Printed  for 
W.  Owen,  at  Temple  Bar,  London.  ,T.  Almon  in  Piccadilly ;  and  F.  P.lvth  at 
John's  Coffee  House,  Royal  Exchange,  MDC(T.XVI. 

a  Georgia  was  included  in  a  i)roprietary  charter  granted  to  the  lords  ])ro- 
prietors  of  Carolina  in  16(')2-"63,  for  which  a  provincial  charter  was  sul)stituted 
in  1710.  The  charter  of  Georgia,  as  an  independent  Colony,  was  granted  to  a 
company  organized  by  .Tames  Ogletliori)e.  esq.,  who  desired  to  iirovide  in  the 
New  World  homes  for  indigent  persons.  This  charter  was  surrendered  .Tune 
20,  1752,  and  a  provincial  government,  with  a  governor  and  council,  was  sub- 
.stituted,  on  the  reconmiendation  of  the  lords  commissioners  for  trade  and 
plantations. 

7251— VOL  1—07 51  765 


76G  Georgia— 1732 

it  highly  l)ecoming  our  crown  and  royal  dignity,  to  protect  all  our  lov- 
ing subjects,  be  they  ever  so  distant  from  us;  to  extend  our  fatherly 
compassion  even  to  the  meanest  and  most  unfortunate  of  our  people, 
and  to  relieve  the  wants  of  our  above  mentioned  poor  subjects;  and 
that  it  Avill  be  highly  conducive  for  accouij)lishing  those  cuds,  that 
a  regular  colony  of  the  said  poor  peo])le  be  settk'd  aud  established  in 
the  southern  territories  of  Carolina.  And  whereas  we  have  been  well 
assured,  that  if  Ave  will  be  most  graciously  }>leased  to  erect  and  settle 
a  corporation,  for  the  receiving,  managing  and  disposing  of  the  con- 
tributions of  our  loving  subjects;  divers  persons  would  be  induced 
to  contribute  to  the  uses  and  purj^oses  aforesaid — Know  ye  therefore, 
that  we  have,  for  the  considerations  aforesaid,  and  for  the  better  and 
more  orderly  carrying  on  of  the  said  good  purposes;  of  our  special 
grace,  certain  knowledge  and  mere  motion,  willed,  ordained,  consti- 
tuted and  appointed,  and  by  these  presents,  for  us,  our  heirs  and  suc- 
cessors, do  will,  ordain,  constitute,  declare  and  grant,  that  our  right 
trusty  and  Avell  beloved  John,  lord-viscount  Purcival,  of  our  kingdom 
of  Ireland,  our  trusty  and  well  beloved  Edward  Digby,  George  Car- 
])enter,  James  Oglethorpe,  George  Heathcote,  Thomas  ToAver,  Eobert 
Moore,  Eobert  Hucks,  Roger  Holland,  William  Sloper,  Francis  Eyles, 
John  Laroche,  James  Vernon,  William  Beletha,  esquires,  A.  M.  John 
Burton,  B.  D.  Richard  Bundy,  A.  M.  Arthur  Bedford,  A.  M.  Samuel 
Smith,  A.  M.  Adam  Anderson  and  Thomas  Corane,  gentlemen ;  and 
such  other  persons  as  shall  be  elected  in  the  manner  herein  after 
mentioned,  and  their  successors  to  be  elected  in  the  manner  herein 
after  directed;  be,  and  shall  be  one  body  politic  and  corporate,  in 
deed  and  in  name,  by  the  name  of  the  Trustees  for  establishing  the 
colony  of  Georgia  in  America ;  and  them  and  their  successors  by  the 
same  name,  w^e  do,  by  these  presents,  for  us,  our  heirs  and  successors, 
really  and  fully  make,  ordain,  constitute  and  declare,  to  be  one  body 
politic  and  corporate  in  deed  and  in  name  forever;  and  that  by  the 
same  name,  they  and  their  successors,  shall  and  may  have  perpetual 
succession ;  and  that  they  and  their  successors  by  that  name  shall 
and  may  forever  hereafter,  be  persons  able  and  capable  in  the  law,  to 
purchase,  have,  take,  receive  and  enjoy,  to  them  and  their  successors, 
any  manors,  messuages,  lands,  tenements,  rents,  advowsons,  liberties, 
privileges,  jurisdictions,  franchises,  and  other  hereditaments  what- 
soever, lying  and  being  in  Great  Britain,  or  any  part  thereof,  of 
W'hatsoever  nature,  kind  or  quality,  or  value  they  be,  in  fee  and  in 
perpetuity,  not  exceeding  the  yearly  value  of  one  thousand  pounds, 
beyond  reprises;  also  estates  for  lives,  and  for  years,  and  all  other 
manner  of  goods,  chattels  and  things  whatsoever  they  be;  for  the 
better  settling  and  supporting,  and  maintaining  the  said  colony,  and 
other  uses  aforesaid;  and  to  give,  grant,  let  and  demise  the  said 
manors,  messuages,  lands,  tenements,  hereditaments,  goods,  chattels 
and  things  whatsoever  aforesaid,  by  lease  or  leases,  for  term  of  years, 
in  possession  at  the  time  of  granting  thereof,  and  not  in  reversion, 
not  exceeding  the  term  of  thirty-one  years,  from  the  time  of  granting 
thereof;  on  which  in  case  no  fine  be  taken,  shall  be  reserved  the  full 
value,  and  in  case  a  fine  be  taken,  shall  be  reserved  at  least  a  moiety 
of  the  full  value  that  the  same  shall  reasonably  and  hova  fide  be  worth 
at  the  time  of  such  demise;  and  that  they  and  their  successors,  by 
the  name  aforesaid,  shall  and  may  forever  hereafter,  be  persons  able. 


Georgia— 1732  767 

capable  in  the  law,  to  purchase,  have,  take,  receive,  and  enjoy,  to 
them  and  their  successors,  any  lands,  territories,  possessions,  tene- 
ments, jurisdictions,  franchises  and  hereditaments  whatsoever,  lying 
and  being  in  America,  of  what  quantity,  quality  or  value  whatsoever 
they  be,  for  the  better  settling  and  supporting  and  maintaining  the 
said  colony;  and  that  by  the  name  aforesaid  they  shall  and  may 
be  able  to  sue  and  be  sued,  jilead  and  be  impleaded,  answer  and  be 
answered  unto,  defend  and  be  defended,  in  all  courts  and  places 
whatsoever,  and  before  whatsoever  judges,  justices,  and  other  officers, 
of  us,  our  heirs  and  successors,  in  all  and  singular  actions,  plaints, 
pleas,  matters,  suits  and  demands,  of  what  kind,  nature  or  quality 
soever  thpy  be;  and  to  act  and  to  do,  all  matters  and  things  in  as 
ample  manner  and  form  as  any  other  our  liege  subjects  of  this  realm 
of  Great  Britain,  and  that  they  and  their  successors  forever  hereafter, 
shall  and  may  have  a  common  seal,  to  serve  for  the  causes  and  busi- 
ness of  them  and  their  successors:  and  that  it  shall  and  may  be  lawful 
for  them  and  their  successors,  to  change,  break,  alter  and  make  new 
the  said  seal,  from  time  to  time,  and  at  their  pleasure,  and  as  they 
shall  think  best. 

And  we  do  further  grant,  for  us,  our  heirs  and  successors,  that  the 
said  corporation,  and  the  common  council  of  the  said  corporation, 
hereinafter  by  us  appointed,  may  from  time  to  time,  and  at  all  times, 
meet  about  their  affairs  when  and  where  they  please,  and  transact 
and  carry  on  the  business  of  the  said  corporation.  And  for  the 
better  execution  of  the  purposes  aforesaid,  we  do,  by  these  presents, 
for  us,  our  heirs  and  successors,  give  &  grant  to  the  said  corporation, 
and  their  successors,  that  they  and  their  successors  forever,  may  upon 
the  third  Thursday  in  the  month  of  March,  yearly,  meet  at  some 
convenient  place  to  be  appointed  by  the  said  corporation,  or  major 
part  of  them  who  shall  be  present  at  any  meeting  of  the  said  corpora- 
tion, to  be  had  for  the  appointing  of  the  said  place;  and  that  they, 
or  two  thirds  of  such  of  them,  that  shall  be  present  at  such  yearly 
meeting,  and  at  no  other  meeting  of  the  said  corporation,  between  th'^ 
hours  of  ten  in  the  morning  and  four  in  the  afternoon  of  the  same 
day,  choose  and  elect  such  person  or  persons  to  l)e  members  of  the  said 
corporation,  as  they  shall  think  beneficial  to  the  good  designs  of  the 
said  corporation.  And  our  further  will  and  pleasure  is,  that  if  it 
shall  happen  that  any  person  hereinafter  by  us  appointed,  as  the 
common  council  of  the  said  corporation,  or  any  persons  to  be  elected 
or  admitted  members  of  the  said  common  council  in  the  manner 
hereafter  directed,  shall  die,  or  shall  by  writing  inider  liis  and  their 
hands  respectively  resign  his  or  their  office  or  offices  of  common 
council  man  or  connnon  council  men;  the  said  corporation,  or  the 
major  part  of  such  of  them  as  shall  be  present,  shall  and  may  at 
such  meeting,  on  the  said  third  Thursday  in  March  yearly,  in  man- 
ner as  aforesaid,  next  after  such  death  or  resignation,  and  at  no 
other  meeting  of  the  said  corporation,  into  the  room  or  place  of 
such  person  or  persons  so  dead  or  so  resigning,  elect  and  choose  one 
or  more  such  person  or  j)ersons,  being  members  of  the  said  corpora- 
tion, as  to  them  shall  seem  meet;  and  our  will  is,  that  all  and  every 
the  person  or  persons  which  shall  from  time  to  time  hereafter  be 
elected  common  council  men  of  the  said  corj^oration  as  aforesaid, 
do  and  shall,  before  he  or  they  act  as  common  men  of  the  said  cor- 
poration, take  an  oath  for  the  faithful  and  due  execution  of  their 


768  Georgia— 1732 

ofFice;  Avhich  oath  the  president  of  the  said  corporation  for  the 
time  bein«2:,  is  herel)y  authorized  and  required  to  administer  to  such 
person  or  persons  elected  as  aforesaid.  And  our  will  and  i)h'asure 
is,  that  the  first  president  of  the  said  corporation  is  and  shall  be 
our  trusty  and  well-beloved,  the  said  Lord  John  Viscount  Percival; 
and  that  the  said  president  shall,  Avithin  thirty  days  after  the  pass- 
ing this  charter,  cause  a  summons  to  be  issued  to  the  several  mem- 
bers of  the  said  corporation  herein  j^articularly  named,  to  meet  at 
such  time  and  place  as  he  shall  appoint,  to  consult  about  and  trans- 
act the  business  of  said  corporation.  And  our  will  and  pleasure  is, 
and  we,  by  these  presents,  for  us,  our  heirs,  and  successors,  ofrant, 
ordain,  and  direct,  that  the  common  council  of  this  corporation  shall 
consist  of  fifteen  in  number;  and  we  do,  by  these  presents,  nominate, 
constitute,  and  appoint  our  right  trusty  and  well-beloved  John 
Lord  Viscount  Percival,  our  trusty  and  beloved  Edward  Digby, 
George  Carpenter,  James  Oglethorpe,  Oeorge  Heathcote,  Thomas 
Laroche,  James  Vernon,  William  Beletha,  esqrs.,  and  Stephen 
Hales,  Master  of  Arts,  to  l)e  the  common  council  of  the  said  cor- 
poration, to  continue  in  the  said  office  during  their  good  behavior. 
And  whereas  it  is  our  royal  intention,  that  the  members  of  the  said 
corporation  should  be  increased  by  election,  as  soon  as  conveniently 
may  be,  to  a  greater  number  than  is  hereb}^  nominated ;  Our  further 
will  and  pleasure  is,  and  we  do  hereby,  for  us,  our  heirs  and  successors, 
ordain  and  direct,  that  from  the  time  of  such  increase  of  the  members 
of  the  said  corporation,  the  number  of  the  said  common  council  shall 
be  increased  to  twenty-four;  and  that  the  same  assembly  at  which 
such  additional  members  of  the  said  corporation  shall  be  chosen, 
there  shall  likewise  be  elected  in  the  manner  hereinbefore  directed 
for  the  election  of  common  council  men,  nine  persons  to  be  the  said 
common  council  men,  and  to  make  up  the  number  thereof  twenty- 
four.  And  our  further  w411  and  pleasure  is,  that  our  trusty  and  well 
beloved  Echvard  Digby,  esquire,  shall  be  the  first  chairman  of  the 
common  council  of  the  said  corporation;  and  that  the  said  lord- 
viscount  Purcival  shall  be,  and  continue,  president  of  the  said  cor- 
poration, and  that  the  said  Edward  Digby  shall  be  and  continue 
chairman  of  the  connnon  council  of  the  said  corporation,  respectively, 
until  the  meeting  which  shall  be  had  next  and  immediately  after  the 
first  meeting  of  the  said  corporation,  or  of  the  common  council  of  the 
said  corporation  respectively,  and  no  longer;  at  which  said  second 
meeting,  and  every  other  subsequent  and  future  meeting  of  the  said 
corporation  or  of  the  common  council  of  the  said  corporation  respec- 
tively, in  order  to  preserve  an  inditferent  rotation  of  the  several  offices, 
of  president  of  the  corporation,  and  of  chairman  of  the  common  coun- 
cil of  the  said  corporation  we  do  direct  and  ordain  that  all  and 
every  the  person  and  persons,  members  of  the  said  common  council 
for  "the  time  being,  and  no  other,  being  present  at  such  meetings, 
shall  severally  and  respectively  in  their  turns,  preside  at  the  meetings 
Avhich  shall  from  time  to  time  be  held  of  the  said  corporation,  or  of 
the  common  council  of  the  said  corporation  respectively :  and  in  case 
any  doubt  or  question  shall  at  any  time  arise  touching  or  concerning 
the  turn  or  right  of  any  member  of  the  said  common  council  to  pre- 
side at  any  meeting  of  the  said  corporation,  or  at  the  common  council 
of  the  said  corporation,  the  same  shall  respectively  be  determined  by 


Georgia— 1732  769 

the  major  part  of  the  said  corporation,  or  of  the  common  council  of 
the  said  cor})oration  respective!}',  Avho  shall  be  present  at  such  meet- 
ing. Provided  ahvaj'S,  that  no  member  of  the  said  common  council 
having  served  in  the  offices  of  president  of  the  said  corporation,  or  of 
chairman  of  the  common  council  of  the  said  corporation,  shall  be 
ca]3able  of  being,  or  of  serving  as  president  or  chairman  at  any  meet- 
ing of  the  said  corporation,  or  common  council  of  the  said  corpora- 
tion next  and  immediately  ensuing  that  in  which  he  so  served  as 
president  of  the  said  corporation  or  chairman  of  the  said  common 
council  of  the  said  corporation  respectively;  unless  it  shall  so  happen 
that  at  any  such  meeting  of  the  said  corporation,  there  shall  not  be 
any  other  member  of  the  said  common  council  present. 

And  our  will  and  pleasure  is,  that  at  all  and  every  of  the  meetings 
of  the  said  cor2:)oration,  or  of  the  common  council  of  the  said  corpo- 
ration, the  president  or  chairman  for  the  time  being,  shall  have  a  voice 
and  shall  vote,  and  shall  act  as  a  member  of  the  said  corporation  or  of 
die  common  council  of  the  said  corporation,  at  such  meeting;  and  in 
case  of  any  equality  of  votes,  the  said  president  or  chairman  for  the 
time  being,  shall  have  and  exercise  a  casting  vote.  And  our  further 
will  and  pleasure  is,  that  no  president  of  the  said  corporation,  or 
chairman  of  the  common  council  of  the  said  corporation,  or  member 
of  the  said  common  council  or  corporation,  by  us  by  these  presents 
appointed,  or  hereafter  from  time  to  time  to  be  elected  and  appointed 
in  manner  aforesaid,  shall  have,  take,  or  receive,  directly  or  indirectly, 
any  salary,  fee,  perquisite,  benefit  or  profit  whatsoever,  for  or  by 
reason  of  his  or  their  serving  the  said  corporation,  or  common  council 
of  the  said  corporation,  or  president,  chairman  or  common  council- 
man, or  as  being  a  member  of  the  said  corporation.  And  our  will  and 
pleasure  is,  that  the  said  herein  before  appointed  president,  chairman 
or  common  council-men,  before  he  and  they  act  respectively  as  such, 
shall  severally  take  an  oath  for  the  faithful  and  due  execution  of 
their  trust,  to  be  administered  to  the  president  by  the  Chief  Baron  of 
our  Court  of  P^xchequer,  for  the  time  being,  and  by  the  president  of 
the  said  corporation  to  the  rest  of  the  common  council,  who  are  hereby 
authorised  severally  and  respectively,  to  administer  the  same.  And 
our  will  and  pleasure  is,  that  all  and  every  person  and  persons,  shall 
have  in  his  or  their  own  name  or  names,  or  in  the  name  or  names  of 
any  person  or  persons  in  trust  for  him  or  them,  or  for  his  or  their 
benefit,  any  place,  office  or  employment  of  profit,  under  the  said  cor- 
poration, shall  be  incapable  of  being  elected  a  member  of  the  said 
corporation;  and  if  any  member  of  the  said  corporation  during  such 
time  as  he  shall  continue  a  member  thereof,  shall  in  his  own  name  or 
in  the  name  of  any  person  or  persons,  in  trust  for  him  or  for  his  bene- 
fit, have,  hold  or  exercise,  accept,  possess  or  enjoy,  any  office,  ])lace  or 
emploA'ment  of  profit,  under  the  said  corporation,  or  under  the  com- 
mon council  of  the  said  corporation — such  member  shall  from  the  time 
of  his  having,  holding,  exercising,  accepting  possessing  and  enjoying 
such  office,  place  and  employment  of  profit,  cease  to  be  a  member  of 
the  said  corporation.  And  we  do  for  us,  our  heirs  and  successors, 
grant  ur.to  the  said  corporation,  that  they  and  their  successors  or  the 
major  part  of  such  of  th(Mn  as  shall  be  ])resent  at  any  meeting  of  the 
said  corporation,  convened  and  assembled  for  that  purpose  by  a  con- 
venient notice  thereof,  shall  have  power  from  time  to  time,  and  at  all 


770  Georgia— 17  S2 

times  liereaftcr,  to  authorize  and  appoint  snch  persons  as  they  shall 
tliink  fit  to  take  subscriptions,  and  to  gather  and  collect  sii(;h  moneys 
as  shall  he  1)v  any  person  or  persons  contributed  for  the  purposes 
aforesaid;  and  shall  and  may  revoke  and  make  void  such  authorities 
and  appointnients,  as  often  as  they  shall  see  cause  so  to  do. 

And  we  do  hereby  for  ns,  our  heirs  and  successors,  ordain  and  direct, 
that  the  said  corporation  shall  every  year  lay  an  account  in  writing 
before  the  chancellor,  or  speaker,  or  commissioners,  for  the  custody  of 
the  great  seal  of  (ireat-Britain,  of  us.  our  heirs  and  successors:  the 
Chief  Justice  of  the  Court  of  King's  Bench,  the  Master  of  Rolls  the 
Chief  Justice  of  the  Court  of  Connnon  Pleas,  and  the  chief  Baron  of 
the  Exchequer  of  us,  our  heirs  and  successors  for  the  time  being,  or 
any  two  of  them;  of  all  moneys  and  effects  b}^  them  received  or 
expended,  for  the  carrying  on  of  the  good  purposes  aforesaid.  And 
we  do  hereby,  for  ns,  our  heirs  and  successors,  give  and  grant  imto 
the  said  corporation,  and  their  successors,  full  power  and  authorit}^ 
to  constitute,  ordain  and  make,  such  and  so  many  by-laAvs,  constitif- 
tions,  orders  and  ordinances,  as  to  them,  or  the  greater  part  of  them, 
at  their  general  meeting  for  that  purpose,  shall  seem  necessary  and 
convenient  for  the  well  ordaining  and  governing  of  the  said  corpora- 
tion; and  the  said  b3^-laws,  constitutions,  orders  and  ordinances,  or 
any  of  them,  to  alter  and  annul,  as  they  or  the  major  part  of  them 
then  present  shall  see  requisite:  and  in  and  by  such  by-laAvs,  rules, 
orders  and  ordinances,  to  sell,  impose  and  inflict,  reasonable  pains  and 
penalties  upon  any  offender  or  offenders,  who  shall  transgress,  break 
or  violate  the  said  by-laws,  constitutions,  orders  and  ordinances,  so 
made  as  aforesaid,  and  to  mitigate  the  same  as  the}^  or  the  major  part 
of  them  then  present  shall  find  cause,  which  said  pains  and  penalties, 
shall  and  may  be  levied,  sued  for,  taken,  retained  and  recovered,  by 
the  said  corporation  and  their  successors,  by  their  officers  and  servants, 
from  time  to  time,  to  be  appointed  for  that  purpose,  by  action  of  debt, 
or  by  any  other  lawful  ways  or  means,  to  the  use  and  behoof  of  the 
said  corporation  and  their  successors,  all  and  singular:  which  by- 
laws, constitutions,  orders  and  ordinances,  so  as  aforesaid  to  be  made, 
we  will  shall  be  duly  observed  and  kept,  under  the  pains  and  penalties 
therein  to  be  contained,  so  always,  as  the  said  by-laws,  constitutions, 
orders,  and  ordinances,  pains  and  penalties,  from  time  to  time  to  be 
made  and  imposed,  be  reasonable  and  not  contrary  or  repugnant  to 
tlie  laws  or  statutes  of  this  our  realm;  and  that  such  by-laws,  consti- 
tutions and  ordinances,  pains  and  penalties,  from  time  to  time  to  be 
made  and  imposed ;  and  any  repeal  or  alteration  thereof,  or  any  of 
them,  may  be  likewise  agreed  to  be  established  and  confirmed  by  the 
said  general  meeting  of  the  said  corporation,  to  be  held  and  kept  next 
after  the  same  shall  be  respectively  made.  And  whereas  the  said  cor- 
poration intend  to  settle  a  colony,  and  to  make  an  habitation  and 
plantation  in  that  part  of  our  province  of  South-Carolina,  in  America, 
herein  after  described. 

Know  ye,  therefore  that  we  greatl}^  desiring  the  happy  success  of  the 
said  corporation,  for  their  further  encouragement  in  accomplishing 
so  excellent  a  work  have  of  our  aforesaid  grace,  certain  knowledge 
and  mere  motion,  given  and  granted  by  these  presents,  for  us,  our 
heirs  and  successors,  do  give  and  grant  to  the  said  corporation  and 
their  successors  under  the  reservation,  limitation   and  declaration. 


Georgia— 1732  111 

hereafter  expressed,  seven  undivided  i)arts.  the  Avhole  in  eight  equal 
IDarts  to  be  divided,  of  all  those  lands,  countrys  and  territories,  sit- 
uate, lying  and  being  in  that  part  of  South-Carolina,  in  America, 
which  lies  from  the  most  northern  part  of  a  stream  or  river  there, 
commonly  called  the  Savannah,  all  along  the  sea  coast  to  the  south- 
ward, unto  the  most  southern  stream  of  a  certain  other  great  water 
or  river  called  the  Alatamaha,  and  westerly  from  the  heads  of  the 
said  rivers  respectively,  in  direct  lines  to  the  south  seas;  and  all  that 
share,  circuit  and  precinct  of  land,  within  the  said  boundaries,  with 
the  islands  on  the  sea,  lying  opposite  to  the  eastern  coast  of  the  said 
lands,  within  twenty  leagues  of  the  same,  which  are  not  inhabited 
already,  or  settled  by  any  authority  derived  from  the  crown  of  (xreat- 
Britain:  together  with  all  the  soils,  grounds,  havens,  ports,  gulfs  and 
bays,  mines,  as  well  royal  mines  of  gold  and  silver,  as  other  minerals, 
precious  stones,  quarries,  woods,  rivers,  waters,  fishings,  as  well  royal 
fishings  of  whale  and  sturgeon  as  other  fishings,  pearls,  commodi- 
ties, jurisdictions,  royalties,  franchises,  privileges  and  pre-eminences 
within  the  said  frontiers  and  precincts  thereof  and  thereunto,  in  any 
sort  belonging  or  appertaining,  and  which  we  by  our  letters  patent 
may  or  can  grant,  and  in  as  ample  manner  and  sort  as  we  may  or 
any  of  our  royal  progenitors  have  hitherto  granted  to  any  company, 
body  politic  or  corporate,  or  to  any  edventurer  or  adventurers,  under- 
taker or  undertakers,  of  any  discoveries,  j^lantations  or  traffic,  of,  in, 
or  unto  any  foreign  parts  whatsoever;  and  in  as  large  and  ample 
manner,  as  if  the  same  were  herein  particularly  mentioned  and 
expressed:  to  have,  hold,  possess  and  enjoy,  the  said  seven  undivided 
parts,  the  whole  into  eight  equal  parts,  to  be  divided  as  aforesaid,  of  all 
and  singular  the  lands,  countries  and  territories,  with  all  and  singular 
other  the  premises  herein  before  by  these  presents  granted  or  men- 
tioned, or  intended  to  be  granted  to  them,  the  said  corporation,  and 
their  successors  forever,  for  the  better  support  of  the  said  colony,  to  be 
holden  of  us,  our  heirs  and  successors,  as  of  our  honour  of  Hampton- 
court,  in  our  county  of  ]Middlesex  in  free  and  common  soccage,  and 
not  in  capite,  yielding,  and  paying  therefor  to  us,  our  heirs  and 
successors  yearly  forever,  the  sum  of  four  shillings  for  every  hundred 
acres  of  the  said  lands,  which  the  said  corporation  shall  grant,  demise, 
plant  or  settle;  the  said  payment  not  to  commence  or  to  be  made, 
until  ten  years  after  such  grant,  demise,  planting  or  settling;  and  to 
be  answered  and  paid  to  us,  our  heirs  and  successors,  in  such  manner 
and  in  such  species  of  money  or  notes,  as  shall  be  current  in  payment, 
by  proclamation  from  time  to  time,  in  our  said  province  of  South- 
Carolina.  All  which  lands,  countries,  territories  and  premises,  hereby 
granted  or  mentioned,  and  intended  to  be  granted,  we  do  by  these 
presents,  make,  erect  and  create  one  inde])endent  and  separate  prov- 
ince, by  the  name  of  (leorgia,  by  which  name  we  will,  the  same 
henceforth  be  called.  And  that  all  and  every  person  or  persons, 
who  shall  at  any  time  hereafter  inhabit  or  reside  within  our  said 
province, "shall  be,  and  are  hereby  declared  to  be  free,  and  shall  not 
be  subject  to  or  be  bound  to  obey  any  laws,  orders,  statutes  or  con- 
stitutions, which  have  been  heretofore  made,  ordered  or  enacted  by, 
for,  or  as,  the  laws,  orders,  statutes  or  constitutions  of  our  said  prov- 
ince of  South-Carolina,  (save  and  except  only  the  counnander  in 
chief  of  the  militia,  of  our  said  province  of  (Jeorgia,  to  our  governor 


772  Georgia— 1732 

for  the  time  being  of  South-Carolina,  in  manner  hereafter  dedared;) 
but  sliall  be  subject  to,  and  bound  to  obey,  such  hnvs,  orders,  statutes 
and  constitutions  as  shall  from  time  to  time  be  made,  oi-dered  and 
enacted,  for  the  better  government  of  the  said  province  of  Georgia, 
in  the  manner  hereinafter  declared. 

And  we  do  hereby,  for  our  heirs  and  successors,  ordain,  will  and 
establish,  that  for  and  during  the  term  of  twenty-one  years,  to  com- 
mence from  the  date  of  these  our  letters  patent,  the  said  corporation 
assembled  for  that  purpose,  shall  and  may  form  and  prepare,  laws, 
statutes  and  ordinances,  fit  and  necessary  for  and  concerning  the  gov- 
ernment of  the  said  colony,  and  not  repugnant  to  the  laws  and  stat- 
utes of  England ;  and  the  same  shall  and  may  present  under  their 
common  seal  to  us,  our  heirs  and  successors,  in  our  or  their  privj^ 
council  for  our  or  their  apj)robation  or  disallowance:  and  the  said 
laws,  statutes  and  ordinances,  being  approved  of  by  us,  our  heirs  and 
successors,  in  our  or  their  privy  council,  shall  from  thence  forth  be 
in  full  force  and  virtue  Avithin  our  said  province  of  Georgia.  And 
forasmuch  as  the  good  and  prosperous  success  of  the  said  colony  can- 
not but  chiefly  depend,  next  under  the  blessing  of  God,  and  the 
support  of  our  royal  authority,  upon  the  provident  and  good  direc- 
tion of  the  whole  enterprise,  and  that  it  will  be  too  great  a  burthen 
upon  all  the  members  of  the  said  corporation  to  be  convened  so  often 
as  may  be  requisite,  to  hold  meetings  for  the  settling,  supporting, 
ordering,  and  maintaining  the  said  colonj^ ;  therefore  we  do  will, 
ordain  and  establish,  that  the  said  common  council  for  the  time  being, 
of  the  said  corporation,  being  assembled  for  that  purpose,  or  the 
major  part  of  them,  shall  from  time  to  time,  and  at  all  times  here- 
after, have  full  power  and  authority  to  dispose  of,  extend  and  apply 
all  the  monies  and  effects  belonging  to  the  said  corporation,  in  such 
manner  and  ways  and  by  such  expenses  as  they  shall  think  best  to 
conduce  to  the  carrying  on  and  effecting  the  good  purposes  herein 
mentioned  and  intended ;  and  also  shall  have  full  power  in  the  name 
and  on  account  of  the  said  corporation,  and  with  and  under  their 
common  seal,  to  enter  under  any  covenants  or  contracts,  for  carrying 
on  and  effecting  the  purposes  aforesaid.  And  our  further  will  and 
pleasure  is,  that  the  said  common  council  for  the  time  being,  or  the 
major  part  of  such  common  council,  which  shall  be  present  and 
assembled  for  that  purpose,  from  time  to  time,  and  at  all  times  here- 
after, shall  and  may  nominate,  constitute  and  appoint  a  treasurer 
or  treasurers,  secretary  or  secretaries,  and  such  other  officers,  min- 
isters and  servants  of  the  said  corporation  as  to  them  or  the  major 
part  of  them  as  shall  be  present,  shall  seem  proper  or  requisite  for 
the  good  management  of  their  affairs;  and  at  their  will  and  j^leasure 
to  displace,  remove  and  \)\\i  out  such  treasurer  or  treasurers,  sec- 
retary or  secretaries,  and  all  such  other  officers,  ministers  and  serv. 
ants,  as  often  as  they  shall  think  fit  so  to  do ;  and  others  in  the  room, 
office,  place  or  station  of  him  or  them  so  displaced,  remove  or  put 
out,  to  nominate,  constitute  and  appoint;  and  shall  and  may  deter- 
mine and  appoint,  such  reasonable  salaries,  perquisites  and  other 
rewards,  for  their  labor,  or  service  of  such  officers,  servants  and  per- 
sons as  to  the  said  common  council  shall  seem  meet ;  and  all  such 
officers  servants  and  persons  shall,  before  the  acting  of  their  respec- 


Georgia— 1732  773 

tive  offices,  take  an  oath  to  be  to  them  administered  by  the  chairman 
for  the  time  being  of  the  said  common  council  of  the  said  corpora- 
tion, who  is  liereby  authorized  to  administer  the  same,  for  the  faithful 
and  due  execution  of  their  respective  offices  and  places. 

And  our  will  and  pleasure  is.  that  all  and  every  person  and  persons, 
who  shall  from  time  to  time  be  chosen  or  appointed  treasurer  or 
treasurers,  secretary  or  secretaries  of  the  said  corporation,  in  manner 
herein  after  directed,  shall  during  such  times  as  they  shall  serve  in 
the  said  offices  respectively,  be  incapable  of  being  a  member  of  the  said 
corporation.  And  we  do  further  of  our  special  grace,  certain  knowl- 
edge and  mere  motion,  for  us,  our  heirs  and  successors,  grant,  by  these 
2oresents,  to  the  said  corporation  and  their  successors,  that  it  shall  be 
lawful  for  them  and  their  officers  or  agents,  at  all  times  hereafter,  to 
transport  and  convey  out  of  our  realm  of  Great-Britain,  or  any  other 
of  our  dominions,  into  the  said  province  of  Georgia,  to  be  there  set- 
tled all  such  so  many  of  our  loving  subjects,  or  any  foreigners  that 
are  willing  to  become  our  subjects,  and  live  under  our  allegiance,  in 
the  said  colony,  as  shall  be  willing  to  go  to,  inhabit,  or  reside  there, 
with  sufficient  shipping,  armour,  weapons,  powder,  shot,  ordnance, 
munition,  victuals,  merchandise  and  wares,  as  are  esteemed  by  the 
wild  people;  clothing,  implements,  furniture,  cattle,  horses,  mares, 
and  all  other  things  necessary  for  the  said  colony,  and  for  the  use  and 
defence  and  trade  with  the  people  there,  and  in  passing  and  return- 
ing to  and  from  the  same.  Also  we  do,  for  ourselves  and  successors, 
declare,  by  these  presents,  that  all  and  every  the  persons  which  shall 
hap})en  to  be  born  within  the  said  province,  and  every  of  their  chil- 
dren and  jDosterity,  shall  have  and  enjoy  all  liberties,  franchises  and 
imnuuiities  of  free  denizens  and  natural  born  subjects,  Avithin  any  of 
our  dominions,  to  all  intents  and  purposes,  as  if  abiding  and  born 
within  this  our  kingdom  of  Great-Britain,  or  any  other  of  our  domin- 
ions  And  for  the  greater  ease' and  encouragement  of  our  loving 

subjects  and  such  others  as  shall  come  to  inhabit  in  our  said  colony, 
we  do  by  these  presents,  for  us,  our  heirs  and  successors,  grant,  estab- 
lish and  ordain,  that  forever  hereafter,  there  shall  be  a  liberty  of  con- 
science allowed  in  the  worship  of  God,  to  all  persons  inhabiting,  or 
which  shall  inhabit  or  be  resident  within  our  said  province,  and  that 
all  such  persons,  except  papists,  shall  have  a  free  exercise  of  their 
religion,  so  they  be  contented  with  the  quiet  and  peaceable  enjoyment 
of  the  same,  not  giving  offence  or  scandal  to  the  government.  And 
our  further  will  and  pleasure  is,  and  we  do  hereby  for  us.  our  heirs 
and  successors,  declare  and  grant,  that  it  shall  and  may  be  lawful  for 
the  said  common  council,  or  the  major  part  of  them  assembled  for 
that  pur]:)Ose,  in  the  name  of  the  corporation,  and  under  the  common 
seal,  to  distribute,  convey,  assign  and  set  over  such  particular  portions 
of  lands,  tenements  and  hereditaments  by  these  i)resents  granted  to 
the  said  corporation,  unto  such  our  loving  subjects,  natural  born,  den- 
izens or  others  that  shall  be  willing  to  become  our  subjects,  and  live 
under  our  allegiance  in  the  said  colony,  upon  such  terms,  and  for  such 
estates,  and  upon  such  rents,  reservations  and  conditions  as  the  same 
may  be  lawfully  granted,  and  as  to  the  said  common  council,  or  the 
major  part  of  them  so  present,  shall  seem  fit  and  })roper.  Provided 
always  that  no  grants  shall  be  made  of  any  part  of  the  said  lands 


774  Gcor(il(i~   17S2 

unto  any  person,  hoin^  a  nicinlxM'  of  the  said  corporation,  or  to  any 
other  j)erson  in  trust,  for  the  benefit  of  any  member  of  the  said  cor- 
poration; and  that  no  person  ha\'in<jf  any  estate  oi'  interest,  in  law  or 
equity,  in  any  i)art  of  the  said  hinds,  shall  be  capable  of  being  a  mem- 
ber of  the  said  corporation,  dui-in*:;  the  continuance  of  such  estate  or 
interest.  Provided  also,  that  no  greater  quantity  of  lands  be  granted, 
either  entirely  or  in  parcels,  to  or  for  the  use,  or  in  trust  for  any  one 
person,  than  five  hundred  acres;  and  that  all  grants  made  contrary 
to  the  true  intent  and  meaning  hereof,  shall  be  absolutely  null  and 
void. 

And  we  do  hereby  grant  and  ordain,  that  such  person  or  persons, 
for  the  time  being  as  shall  be  thereunto  appointed  by  the  said  corpo- 
ration, shall  and  may  at  all  times,  and  from  time  to  time  hereafter, 
have  full  power  and  authority  to  administer  and  give  the  oaths, 
appointed  by  an  act  of  parliament,  made  in  the  first  year  of  the  reign 
of  our  late  royal  father,  to  be  taken  instead  of  the  oaths  of  allegiance 
and  supremacy;  and  also  the  oath  of  abjuration,  to  all  and  every  per- 
son and  persons  which  shall  at  any  time  be  inhabiting  or  residing 
within  our  said  colony;  and  in  like  cases  to  administer  the  solemn 
affirmation  to  any  of  the  persons  commonly  called  quakers,  in  such 
manner  as  by  the  laws  of  our  realm  of  Great-Britain,  the  same  may  be 
administered.  And  we  do,  of  our  further  grace,  certain  knowledge 
and  mere  motion,  grant,  establish  and  ordain,  for  us,  our  heirs  and 
successors,  that  the  said  corporation  and  their  successors,  shall  have 
full  power  and  authority,  for  and  during  the  term  of  twenty-one 
years,  to  commence  from  the  date  of  these  our  letters  patent,  to  erect 
and  constitute  judicatories  and  courts  of  record,  or  other  courts,  to  be 
held  in  the  name  of  us,  our  heirs  and  successors  for  the  hearing  and 
determining  of  all  manner  of  crimes,  offences,  pleas,  processes,  plaints, 
actions,  matters,  causes  and  things  whatsoever,  arising  or  happening, 
within  the  said  province  of  Georgia,  or  between  persons  of  Georgia; 
whether  the  same  be  criminal  or  civil,  and  whether  the  said  crimes 
be  capital  or  not  capital,  and  whether  the  said  pleas  be  real,  personal 
or  mixed  :  and  for  awarding  and  making  out  executions  thereupon ;  to 
which  courts  and  judicatories,  we  do  hereby,  for  us,  our  heirs  and 
successors,  give  and  grant  full  power  and  authority,  from  time  to 
time,  to  administer  oaths  for  the  discovery  of  truth  in  any  matter  in 
controversy,  or  depending  before  them,  or  the  solemn  affirmation,  to 
any  of  the  persons  connnonly  called  quakers,  in  such  manner,  as  by 
the  laws  of  our  realm  of  Great-Britain,  the  same  may  be  administered. 

And  our  further  will  and  pleasure  is,  that  the  said  corporation  and 
their  successors,  do  from  time  to  time,  and  at  all  times  hereafter,  reg- 
ister or  cause  to  be  registered,  all  such  leases,  grants,  plantings,  con- 
veyances, settlements,  and  improvements  whatsoever,  as  shall  at  any 
time  hereafter  be  made  by,  or  in  the  name  of  the  said  corporation, 
or  any  lands,  tenements  or  hereditaments  within  the  said-  province ; 
and  shall  j^early  send  and  transmit,  or  cause  to  be  sent  or  transmitted, 
authentic  accounts  of  such  leases,  grants,  conveyances,  settlements  and 
improvements  respectively,  unto  the  auditor  of  the  plantations  for  the 
time  being,  or  his  deputy,  and  also  to  our  surveyor  for  the  time  being 
of  our  said  province  of  South-Carolina;  to  whom  we  do  hereby 
grant  full  power  and  authority  from  time  to  time,  as  often  as  need 
shall  require,  to  inspect  and  survey,  such  of  the  said  lands  and  prem- 
ises, as  shall  be  demised,  granted  and  settled  as  aforesaid :  which  said 


Georgia— 17  S2  775 

survey  and  inspection,  we  do  hereby  declare,  to  be  intended  to  ascer- 
tain the  quitrents  which  shall  from  time  to  time  become  due  to  us, 
our  heirs  and  successors,  according* to  the  reservation  herein  before 
mentioned,  and  for  no  other  purposes  whatsoever;  hereby  for  us, 
our  heirs  and  successors,  strictly  enjoining  and  commanding,  that 
neither  our  or  their  surveyor,  or  any  person  whatsoever,  under  the 
pretext  and  colour  of  making  the  said  survey  or  inspection,  shall 
take,  demand  or  receive,  any  gratuity,  fee  or  reward,  of  or  from,  any 
person  or  persons,  inhabiting  in  the  said  colony,  or  from  the  said 
corporation  or  common  council  thereof,  on  the  pain  of  forfeiture 
of  the  said  office  or  offices,  and  incurring  our  highest  displeasure. 
Provided  always,  and  our  further  will  and  pleasure  is,  that  all  leases, 
grants  and  conveyances  to  be  made  b}'  or  in  the  name  of  the  said  cor- 
poration, of  any  lands  within  the  said  province,  or  a  memorial  con- 
taining the  substance  and  eifect  thereof,  shall  be  registered  with  the 
auditor  of  the  said  plantations,  of  us,  our  heirs  and  successors,  within 
the  space  of  one  year,  to  be  computed  from  the  date  thereof,  other- 
wise the  same  shall  be  void. 

And  our  further  will  and  pleasure  is,  that  the  rents,  issues  and  all 
other  profits,  Avliich  shall  at  an}^  time  hereafter  come  to  the  said  cor- 
poration, or  the  major  part  of  them  which  shall  be  present  at  any 
meeting  for  that  purpose  assembled,  shall  think  will  most  improve 
and  enlarge  the  said  colonj^,  and  best  answer  the  good  purposes 
herein  before  mentioned,  and  for  defraying  all  other  charges  about 
the  same.  And  our  will  and  pleasure  is,  that  the  said  corporation 
and  their  successors,  shall  from  time  to  time  give  in  to  one  of  the 
principal  secretaries  of  state,  and  to  the  commissioners  of  trade  and 
plantations,  accounts  of  the  progresses  of  the  said  colony.  And 
our  will  and  pleasure  is  that  no  act  done  at  any  meeting  of  the  said 
common  council  of  the  said  corporation,  shall  be  effectual  and  valid, 
unless  eight  members  at  least  of  the  said  common  council,  including 
the  member  who  shall  serve  as  chairman  at  the  said  meeting,  be 
present,  and  the  major  part  of  them  consenting  thereunto.  And  our 
will  and  pleasure  is,  that  the  common  council  of  the  said  corporation 
for  the  time  being,  or  the  major  part  of  them  who  shall  be  present, 
being  assembled  for  that  purpose,  shall  from  time  to  time,  for,  and  dur- 
ing, and  unto  the  full  end  and  expiration  of  twenty-one  3^ears,  to  com- 
mence from  the  date  of  these  our  letters  patent,  have  full  power  and 
authority  to  nominate,  make,  constitute  and  commission,  ordain  and 
appoint,  by  such  name  or  names,  style  or  styles,  as  to  them  shall  seem 
meet  and  fitting,  all  and  singular  such  governors,  judges,  magistrates, 
ministers  and  officers,  civil  and  military,  both  by  sea  and  land,  within 
the  said  districts,  as  shall  by  them  be  thought  fit  and  needful  to  be 
miade  or  used  for  the  said  government  of  the  said  colony;  save  alwaj's, 
and  except  such  offices  only  as  shall  by  us,  our  heirs  and  successors, 
be  from  time  to  time  constituted  and  appointed,  for  the  managing 
collecting  and  receiA'ing  such  revenues,  as  shall  from  time  to  time 
arise  within  the  said  province  of  Georgia,  and  become  due  to  us, 
our  heirs  and  successors. 

Provided  always,  and  it  is  our  will  and  pleasure,  that  every  gov- 
ernor of  the  said  ])rovince  of  Geoi'gia,  to  l)e  ap])()inted  by  the  common 
council  of  the  said  corporation,  bcfoic  ho  shall. enter  \\\)on  or  execute 
the  said  office  of  governor,  shall  be  approved  by  us.  our  heirs  or  suc- 
cessors, and  shall  take  such  oaths,  and  shall  qualify  himself  in  such 


776  Georfpn—1732 

manner,  in  all  respects,  as  any  governor  or  commander  in  chief  of 
any  of  our  colonies  or  plantations  in  America,  are  by  law  required 
to  do;  and  shall  give  good  and  sufficient  security  for  observing  the 
several  acts  of  parliament  relating  to  trade  and  navigation,  and  to 
observe  and  obey  all  instructions  that  shall  be  sent  to  him  by  us,  our 
heirs  and  successors,  or  any  acting  under  our  or  their  authority,  pursu- 
ant to  the  said  acts,  or  any  of  them.  And  we  do  by  these  presents  for 
us,  our  heirs  and  successors,  will,  grant  and  ordain,  that  the  said  cor- 
poration and  their  successors,  shall  have  full  power  for  and  during 
and  until  the  full  end  and  term  of  twenty-one  years,  to  commence 
from  the  date  of  these  our  letters  patent,  by  an}^  commander  or  other 
officer  or  officers,  by  them  for  that  purpose  from  time  to  time  ajD- 
pointed,  to  train  and  instruct,  exercise  and  govern  a  militia,  for  the 
special  defence  and  safety  of  our  said  colony,  to  assemble  in  martial 
array,  the  inhabitants  of  the  said  colony,  and  to  lead  and  conduct 
them,  and  with  them  to  encounter,  expulse,  repel,  resist  and  pur- 
sue b}^  force  of  arms,  as  well  by  sea  as  by  land,  within  or  without 
the  limits  of  our  said  colony;  and  also  to  kill,  slay  and  destroy, 
and  conquer  by  all  fitting  ways,  enterjjrizes  and  means  Avhatsoever, 
all  and  ever}^  such  person  or  persons  as  shall  at  any  time  hereafter, 
in  an}'  hostile  manner,  attempt  or  enterprize  the  destruction,  invasion, 
detriment  or  annoA^ance  of  our  said  colony;  and  to  use  and  exercise 
the  martial  law  in  time  of  actual  war  and  invasion  or  rebellion,  in 
such  cases,  where  by  law  the  same  may  be  used  or  exercised ;  and  also 
from  time  to  time  to  erect  forts,  and  fortify  any  place  or  places 
within  our  said  colony,  and  the  same  to  furnish  with  all  necessary 
ammunition,  provisions  and  stores  of  war,  for  oifence  and  defence,  and 
to  commit  from  time  to  time  the  custody  or  government  of  the  same, 
to  such  person  or  persons  as  to  them  shall  seem  meet :  and  the  said 
forts  and  fortifications  to  demolish  at  their  pleasure;  and  to  take  and 
surprize,  by  all  waj's  and  means,  all  and  every  such  person  or  persons, 
with  their  ships,  arms,  ammunition  and  other  goods,  as  shall  in  an 
hostile  manner,  invade  or  attempt  the  invading,  conquering  or  annoy- 
ing of  our  said  colony.  And  our  will  and  pleasure  is,  and  we  do 
hereby,  for  us,  our  heirs  and  successors,  declare  and  grant,  that  the 
governor  and  commander  in  chief  of  the  province  of  South-Carolina, 
of  us,  our  heirs  and  successors,  for  the  time  being,  shall  at  all  times 
hereafter  have  the  chief  command  of  the  militia  of  our  said  province, 
hereby  erected  and  established ;  and  that  such  militia  shall  observe 
and  obey  all  orders  and  directions,  that  shall  from  time  to  time  be 
given  or  sent  to  them  by  the  said  governor  or  commander  in  chief; 
any  thing  in  these  presents  before  contained  to  the  contrary  hereof, 
in  any  wise  notwithstanding.  And,  of  our  more  special  grace,  cer- 
tain knowledge  and  mere  motion,  we  have  given  and  granted,  and  by 
these  presents,  for  us,  our  heirs  and  successors,  do  give  and  grant, 
unto  the  said  corporation  and  their  successors,  full  power  and  author- 
ity to  import  and  export  their  goods,  at  and  from  an^-  port  or  ports  that 
shall  be  appointed  by  us,  our  heirs  and  successors,  within  the  said 
province  of  Georgia,  for  that  purpose,  without  being  obliged  to  touch 
at  any  other  port  in  South-Carolina.  And  we  do,  by  these  presents, 
for  us,  our  heirs  and  successors,  Avill  and  declare,  that  from  and  after 
the  termination  of  the  said  term  or  twenty-one  years,  such  form  of 
government  and  method  of  making  laws,  statutes  and  ordinances,  for 


Georgia— 1777  111 

the  better  governing  and  ordering  the  said  province  of  Georgia,  and 
the  inhabitants  thereof,  shall  be  established  and  observed  within  the 
same,  as  we,  our  heirs  and  successors,  shall  hereafter  ordain  and  ap- 
point, and  shall  be  agreeably  to  law;  and  that  from  and  after  the 
determination  of  the  said  term  of  twent^^-one  years,  the  governor  of 
our  said  province  of  Georgia,  and  all  officers  civil  and  militarv,  within 
the  same,  shall  from  time  to  time  be  nominated  and  constituted,  and 
appointed  by  us,  our  heirs  and  successors.  And  lastly,  we  do  hereby, 
for  us,  our  heirs  and  successors,  grant  unto  the  said  corporation  and 
their  successors,  that  these  our  letters  patent,  or  the  enrolments  or 
exemiolification  thereof,  shall  be  in  and  by  all  things  good,  firm, 
valid,  sufficient  and  effectual  in  the  law,  according  to  the  true  intent 
and  meaning  thereof,  and  shall  be  taken,  construed  and  adjudged,  in 
all  courts  and  elsewhere  in  the  most  favorable  and  beneficial  sense, 
and  for  the  best  advantage  of  the  said  corporation  and  their  suc- 
cessors any  omission,  imperfection,  defect,  matter  or  cause,  or  thing 
whatsoever  to  the  contrary,  in  kwy  wise  notwithstandihg.  In  witness, 
whereof  we  have  caused  these  our  letters  to  be  made  patent :  Avitness 
ourself  at  Westminster,  the  ninth  day  of  June,  in  the  fifth  year  of 
our  reign. 

B}^  writ  of  priv3'-seal. 

Cooks. 


CONSTITUTION  OF  GEORGIA— 1777  *  « 

"Whereas  the  conduct  of  the  legislature  of  Great  Britain  for  many 
years  past  has  been  so  oppressive  on  the  people  of  America  that  of 
late  years  they  have  plainh''  declared  and  asserted  a  right  to  raise  taxes 
upon  the  people  of  America,  and  to  make  laws  to  bind  them  in  all  cases 
whatsoever,  without  their  consent ;  which  conduct,  being  repugnant 
to  the  common  rights  of  mankind,  hath  obliged  the  Americans,  as 
freemen,  to  oppose  such  oppressive  measures,  and  to  assert  the  rights 
and  privileges  they  are  entitled  to  by  the  laws  of  nature  and  reason; 
and  accordingly  it  hath  been  done  by  the  general  consent  of  all  the 
people  of  the  States  of  New  Hampshire,  Massachusetts  Bay,  Rhode 
Island,  Connecticut,  New  York,  New  Jersej^,  Pennsylvania,  the 
counties  of  New  Castle,  Kent,  and  Sussex  on  Delaware,  Maryland, 
Virginia,  North  Carolina,  South  Carolina,  and  Georgia,  given  bv 
their  representatives  met  together  in  general  Congress,  in  the  city  of 
Philadelphia ; 

And  whereas  it  hath  been  recommended  by  the  said  Congress,  on 
the  fifteenth  of  May  last,  to  the  resi)ective  assemblies  and  conven- 
tions of  the  United  States,  where  no  government,  sufficient  to  the 
exigencies  of  their  affairs,  hath  been  hitherto  established,  to  adopt 
such  government  as  may.  in   the  ()])inion  of  the  representatives  of 

*  Verified  from  "  Watkin's  Digest  of  the  Laws  of  the  State  of  Georgia,  Phihi- 
delphia  ;   1800,"  pp.  7-lG. 

"This  coustitntion  was  frauu'd  l).v  a  cinivention  which  assembled  at  Savannah 
Oftober  1.  ITK!,  in  accordance  with  the  I'ecommendation  of  the  Continental 
Congress  that  the  people  of  the  Colonies  should  form  independent  State  govern- 
ments. It  was  unanimously  agreed  to  February  o,  1777.  It  was  not  submitted 
to  the  people. 


778  Georgia— 1777 

the  people,  best  conduce  to  the  happiness  and  safety  of  their  con- 
stituents in  particuhir  and  America  in  general ; 

And  whereas  the  independence  of  the  United  States  of  America 
has  been  also  declared,  on  the  fourth  day  of  July,  one  thousand  seven 
hundred  and  seventy-six,  by  the  said  honorable  Congress,  and  all 
political  connection  between  them  and  the  Crown  of  Great  Britain 
is  in  consequence  thereof  dissolved : 

We,  therefore,  the  representatives  of  the  people,  from  whom  all 
power  originates,  and  for  whose  benefit  all  government  is  intended,  by 
virtue  of  the  power  delegated  to  us,  do  ordain  and  declare,  and  it  is 
hereby  ordained  and  declared,  that  the  following  rules  and  regula- 
tions be  adopted  for  the  future  government  of  this  State : 

Article  I.  The  legislative,  executive,  and  judiciary  departments 
shall  be  separate  and  distinct,  so  that  neither  exercise  the  powers 
properly  belonging  to  the  other. 

Art.  II.  The  legislature  of  this  State  shall  be  composed  of  the 
rejDresentatives  of  the  people,  as  is  hereinafter  pointed  out;  and  the 
representatives  shall  be  elected  yearly,  and  every  year,  on  the  first 
Tuesday  in  December;  and  the  representatives  so  elected  shall  meet 
the  first  Tuesday  in  January  following,  at  Savannah,  or  any  other 
place  or  places  where  the  house  of  assembly  for  the  time  being  shall 
direct. 

On  the  first  day  of  the  meeting  of  the  representatives  so  chosen, 
they  shall  proceed  to  the  choice  of  a  governor,  who  shall  be  styled 
"  honorable;  "  and  of  an  executive  council,  by  ballot  out  of  their  own 
body,  viz :  two  from  each  county,  except  those  counties  which  are  not 
yet  entitled  to  send  ten  members.  One  of  each  county  shall  always 
attend,  where  the  governor  resides,  by  monthly  rotation,  unless  the 
members  of  each  county  agree  for  a  longer  or  shorter  period.  This 
is  not  intended  to  exclude  either  member  attending.  The  remaining 
number  of  representatives  shall  be  called  the  house  of  assembly ;  and 
the  majority  of  the  members  of  the  said  house  shall  have  power  to 
proceed  on  business. 

Art.  III.  It  shall  be  an  unalterable  rule  that  the  house  of  assembly 
shall  expire  and  be  at  an  end,  yearly  and  every  year,  on  the  day  pre- 
ceding the  day  of  election  mentioned  in  the  foregoing  rule. 

Art.  IV.  The  representation  shall  be  divided  in  the  following 
manner:  ten  members  from  each  county,  as  is  hereinafter  directed, 
except  the  county  of  Liberty,  which  contains  three  parishes,  and  that 
shall  be  allowed  fourteen. 

The  ceded  lands  north  of  Ogechee  shall  be  one  county,  and  known 
by  the  name  of  Wilkes. 

The  parish  of  Saint  Paul  shall  be  another  county,  and  known  by 
the  name  of  Richmond. 

The  parish  of  Saint  George  shall  be  another  county,  and  known  by 
the  name  of  Burke. 

The  parish  of  Saint  Matthew,  and  the  upper  part  of  Saint  Philip, 
above  Canouchee,  shall  be  another  county,  and  known  by  the  name 
of  Effingham. 

The  parish  of  Christ  Church,  and  the  lower  part  of  Saint  Philip, 
below^  Canouchee,  shall  be  another  county,  and  known  by  the  name  of 
Chatham. 

The  parishes  of  Saint  John,  Saint  Andrew,  and  Saint  James  shall 
be  another  county,  and  known  by  the  name  of  Liberty. 


Georgia— 1777  779 

The  parishes  of  Saint  David  and  Saint  Patrick  shall  be  another 
county,  and  knoAvn  by  the  name  of  Glynn. 

The  parishes  of  Saint  Thomas  and  Saint  Mary  shall  be  another 
county,  and  known  by  the  name  of  Camden. 

The  port  and  town  of  Savannah  shall  be  allowed  four  members  to 
represent  their  trade. 

The  port  and  town  of  Sunbury  shall  be  allowed  two  members  to 
represent  their  trade. 

Art.  Y.  The  two  counties  of  Glynn  and  Camden  shall  have  one 
representative  each,  and  also  they,  and  all  other  counties  that  may 
liereafter  be  laid  out  by  the  house  of  assembh^,  shall  be  under  the 
following  regulations,  viz :  at  their  first  institution  each  county  shall 
have  one  member,  provided  the  inhabitants  of  the  said  county  shall 
have  ten  electors;  and  if  thirt}^,  they  shall  have  two;  if  forty,  three; 
if  fift}",  four;  if  eighty,  six;  if  a  hundred  and  upward,  ten;  at 
which  time  two  executive  councillors  shall  be  chosen  from  them,  as  is 
directed  for  the  other  counties. 

Aet.  VI.  The  representatives  shall  be  chosen  out  of  the  residents  in 
each  county,  who  shall  have  resided  at  least  twelve  months  in  this 
State,  and  three  months  in  the  county  Avhere  they  shall  be  elected ; 
except  the  freeholders  of  the  counties  of  Glynn  and  Camden,  who  are 
in  a  state  of  alarm,  and  who  shall  have  the  liberty  of  choosing  one 
member  each,-  as  specified  in  the  articles  of  this  constitution,  in  any 
other  county,  until  they  have  residents  sufficient  to  qualify  them  for 
more ;  and  they  shall  be  of  the  Protestent  relig-ion,  and  of  the  age  of 
twenty-one  years,  and  shall  be  possessed  in  their  own  right  of  two 
hundred  and  fifty  acres  of  land,  or  some  property  to  the  amount  of 
two  hundred  and  fifty  jjounds. 

Art.  VII.  The  house  of  assembly  shall  have  power  to  make  such 
laws  and  regulations  as  may  be  conducive  to  the  good  order  and  well- 
being  of  the  State;  provided  such  laws  and  regulations  be  not  repug- 
nant to  the  true  intent  and  meaning  of  any  rule  or  regulation  con- 
tained in  this  constitution. 

The  house  of  assembly  shall  also  have  power  to  repeal  all  laws  and 
ordinances  the}"  find  injurious  to  the  people;  and  the  house  shall 
choose  its  own  speaker,  appoint  its  own  officers,  settle  its  own  rules 
of  proceeding,  and  direct  writs  of  election  for  supplying  inter- 
mediate vacancies,  and  shall  have  power  of  adjournment  to  an}' 
time  or  times  within  the  year. 

Art.  VIII.  All  laws  and  ordinances  shall  be  three  times  read,  and 
each  reading  shall  be  on  different  and  separate  days,  except  in  cases 
of  great  necessity  and  danger;  and  all  laws  and  ordinances  shall  be 
sent  to  the  executive  council  after  the  second  reading,  for  their 
perusal  and  advice. 

Art.  IX.  All  male  white  inhabitants,  of  the  age  of  twenty-one 
years,  and  possessed  in  his  own  right  of  ten  pounds  value,  and  liable 
to  pay  tax  in  this  State,  or  being  of  any  mechanic  trade,  and  shall 
have  been  resident  six  months  in  this  State,  shall  have  a  right  to 
vote  at  all  elections  for  representatives,  or  any  other  officers,  herein 
agreed  to  be  chosen  by  the  people  at  large;  and  every  person  having 
a  right  to  vote  at  any  election  shall  vote  by  ballot  personally. 

Art.  X.  No  officer  whatever  shall  serve  any  process,  or  give  any 
other  hinderances  to  any  person  entitled  to  vote,  either  in  going  to  the 
place  of  election,  or  during  the  time  of  the  said  election,  or  on  their 


780  Georgia— 1777 

reluriiiiig  home  from  such  election;  nor  shall  any  military  officer,  or 
soldier,  appear  at  any  election  in  a  military  character,  to  the  intent 
that  all  elections  may  be  free  and  open. 

Art.  XI.  ^s^o  person  shall  be  entitled  to  more  than  one  vote,  which 
shall  be  given  in  the  county  where  such  person  resides,  except  as 
before  excepted ;  nor  shall  any  person  who  holds  any  title  of  nobility 
be  entitled  to  a  vote,  or  be  capable  of  serving  as  a  representative,  or 
hold  any  post  of  honor,  profit,  or  trust  in  this  State,  whilst  such 
person  claims  his  title  of  nobility;  but  if  the  person  shall  give  up 
such  distinction,  in  the  manner  as  may  be  directed  by  any  future  legis- 
lation, then,  and  in  such  case,  he  shall  be  entitled  to  a  vote,  and 
represent,  as  before  directed,  and  enjoy  all  the  other  benefits  of  a 
free  citizen. 

Art.  XII.  Every  j^erson  absenting  himself  from  an  election,  and 
shall  neglect  to  give  in  his  or  their  ballot  at  such  election,  shall  be 
subject  to  a  penalty  not  exceeding  five  pounds ;  the  mode  of  recovery, 
and  also  the  appropriation  thereof,  to  be  pointed  out  and  directed  by 
act  of  the  legislature:  Provided^  nevertheless.  That  a  reasonable 
excuse  shall  be  admitted. 

Art.  XIII.  The  manner  of  electing  representatives  shall  be  by  bal- 
lot, and  shall  be  taken  by  two  or  more  justices  of  the  peace  in  each 
county,  who  shall  provide  a  convenient  box  for  receiving  the  said  bal- 
lots :  and,  on  closing  the  poll,  the  ballots  shall  be  compared  in  public 
with  the  list  of  votes  that  have  been  taken,  and  the  majority  imme- 
diately declared ;  a  certificate  of  the  same  being  given  to  the  persons 
elected,  and  also  a  certificate  returned  to  the  house  of  representatives. 

Art.  XIV.  Every  person  entitled  to  vote  shall  take  the  following 
oath  or  affirmation,  if  required,  viz : 

"  I,  A  B,  do  voluntarily  and  solemnly  swear  (or  affirm,  as  the  case 
may  be)  that  I  do  owe  true  allegiance  to  this  State,  and  will  support 
the  constitution  thereof;  so  help  me  God."' 

Art.  XV.  Any  five  of  the  representatives  elected,  as  before  directed, 
being  met,  shall  have  power  to  administer  the  following  oath  to  each 
other;  and  they,  or  any  other  member,  being  so  sworn,  shall,  in  the 
house,  administer  the  oath  to  all  other  members  that  attend,  in  order 
to  qualify  them  to  take  their  seats,  viz : 

'•  I,  A  B,  do  solemnly  swear  that  I  will  bear  true  allegiance  to  the 
State  of  Georgia,  and  will  truly  perform  the  trusts  reposed  in  me; 
and  that  I  will  execute  the  same  to  the  best  of  my  knowledge,  for  the 
benefit  of  this  State,  and  the  support  of  the  constitution  thereof,  and 
that  I  have  obtained  my  election  without  fraud  or  bribe  whatever;  so 
help  me  God."' 

Art.  XVI.  The  continental  delegates  shall  be  appointed  annually  by 
ballot,  and  shall  have  a  right  to  sit,  debate,  and  vote  in  the  house  of 
assembly,  and  be  deemed  a  part  thereof,  subject,  however,  to  the  regu- 
lations contained  in  the  twelfth  article  of  the  Confederation  of  the 
United  States. 

Art.  XVII.  Xo  j)erson  bearing  anj^  post  of  profit  under  this  State, 
or  any  person  bearing  any  military  commission  under  this  or  any 
other  State  or  States,  except  officers  of  the  militia,  shall  be  elected  a 
representative.  And  if  any  representative  shall  be  appointed  to  any 
place  of  profit  or  military  commission,  which  he  shall  accept,  his  seat 
shall  immediately  become  vacant,  and  he  shall  be  incapable  of  reelec- 
tion whilst  holdinof  such  office. 


Georgia— 1777  781 

By  this  article  it  is  not  to  be  understood  that  the  office  of  a  justice 
of  the  peace  is  a  jDost  of  profit. 

Art.  XVIII.  Xo  person  shall  hold  more  than  one  office  of  profit 
under  this  State  at  one  and  the  same  time. 

Art.  XIX.  The  governor  shall,  with  the  advice  of  the  executive 
council,  exercise  the  executive  powers  of  government,  according  to 
the  laws  of  this  State  and  the  constitution  thereof,  save  only  in  the 
case  of  pardons  and  remission  of  fines,  which  he  shall  in  no  instance 
grant;  but  he  may  reprieve  a  criminal,  or  suspend  a  fine,  until  the 
meeting  of  the  assembly,  who  may  determine  therein  as  they  shall 
judge  fit. 

Art.  XX.  The  governor,  with  the  advice  of  the  executive  council, 
shall  have  power  to  call  the  house  of  assembly  together,  upon  any 
emergency,  before  the  time  which  they  stand  adjourned  to. 

Art.  XXI.  The  governor,  with  the  advice  of  the  executive  council, 
shall  fill  up  all  intermediate  vacancies  that  shall  happen  in  offices  till 
the  next  general  election;  and  all  commissions,  civil  and  military, 
shall  be  issued  by  the  governor,  under  his  hand  and  the  great  seal  of 
the  State. 

Art.  XXII.  The  governor  may  preside  in  the  executive  council  at 
all  times,  except  when  they  are  taking  into  consideration  and  perusing 
the  laws  and  ordinances  offered  to  them  by  the  house  of  assembly. 

Art,  XXIII.  The  governor  shall  be  chosen  annually  by  ballot,  and 
shall  not  be  eligible  to  the  said  office  for  more  than  one  year  out  of 
three,  nor  shall  he  hold  any  military  commission  under  any  other 
State  or  States. 

The  governor  shall  reside  at  such  place  as  the  house  of  assembly  for 
the  time  being  shall  appoint. 

Art.  XXIV.  The  governor's  oath : 

"  I,  A  B,  elected  governor  of  the  State  of  Georgia,  by  the  repre- 
sentatives thereof,  do  solemnly  promise  and  swear  that  I  will,  during 
the  term  of  my  appointuient,  to  the  best  of  my  skill  and  judgment, 
execute  the  said  office  faithfull}^  and  conscientiously,  according  to 
law,  without  favor,  affection,  or  partiality;  that  I  will,  to  the  utmost 
of  my  power,  support,  maintain,  and  defend  the  State  of  Georgia,  and 
the  constitution  of  the  same;  and  use  my  utmost  endeavors  to  protect 
the  people  thereof  in  the  secure  enjoyment  of  all  their  rights,  franchises, 
and  privileges;  and  that  the  laws  and  ordinances  of  the  State  be  duh'- 
observed,  and  that  law  and  justice  in  mercy  be  executed  in  all  judg- 
ments. And  I  do  further  solemnly  promise  and  swear  that  I  will 
peaceably  and  quietly  resign  the  government  to  which  I  have  been 
elected  at  the  period  to  which  my  continuance  in  the  said  office  is  lim- 
ited by  the  constitution.  And,  lastly,  I  do- also  solemnly  swear  that  I 
have  not  accepted  of  the  government  Avhereunto  I  am  elected  contrary 
to  the  articles  of  this  constitution:  so  \\e\\)  me  God.*' 

This  oath  to  be  administered  to  him  by  the  speaker  of  the  assembly. 

The  same  oath  to  be  administered  by  the  speaker  to  the  ])resident  of 
the  council. 

No  person  shall  be  eligible  to  the  office  of  governor  who  has  not 
resided  three  years  in  this  State. 

Art.  XXV.  The  executive  council  shall  meet  the  day  after  their 
election,  and  proceed  to  the  choice  of  a  president  out  of  their  own  body ; 
they  shall  have  power  to  appoint  their  own  officers  and  settle  their 
own  rules  of  proceedings. 
7251— VOL  1—07 52 


782  Georgia— 1777 

The  council  shall  always  vote  by  counties,  and  not  individually. 

Art.  XXVI.  Every  councillor,  being  present,  shall  have  i)ower  of 
entering  his  j^rotest  against  any  measures  in  council  he  has  not  con- 
sented to,  provided  he  does  it  in  three  days. 

Art.  XXVII.  During  the  sitting  of  the  assembly  the  whole  of  the 
executive  council  shall  attend,  unless  prevented  by  sickness,  or  some 
other  urgent  necessity;  and,  in  that  case,  a  majority  of  the  council 
shall  make  a  board  to  examine  the  laws  and  ordinances  sent  them  by 
the  house  of  assembly ;  and  all  laws  and  ordinances  sent  to  the  council 
shall  be  returned  in  five  days  after,  with  their  remarks  hereon. 

Art.  XXVIII.  A  committee  from  the  council,  sent  with  any  pro- 
posed amendments  to  any  law  or  ordinance,  shall  deliver  their  reasons 
for  such  proposed  amendments,  sitting  and  covered;  the  whole  house 
at  that  time,  except  the  speaker,  uncovered. 

Art.  XXIX.  The  president  of  the  executive  council,  in  the  absence 
or  sickness  of  the  governor,  shall  exercise  all  the  powers  of  the  gov- 
ernor. 

Art.  XXX.  ^ATien  any  affair  that  requires  secrecy  shall  be  laid 
before  the  governor  and  the  executive  council,  it  shall  be  the  duty  of 
the  governor,  and  he  is  hereby  obliged,  to  administer  the  following 
oath,  viz : 

"  I,  A  B,  do  solemnly  swear  that  any  business  that  shall  be  at  this 
time  communicated  to  the  council  I  will  not,  in  any  manner  what- 
ever, either  by  speaking,  writing,  or  otherwise,  reveal  the  same  to  any 
person  whatever,  until  leave  given  by  the  council,  or  when  called  upon 
by  the  house  of  assembly;  and  all  this  I  swear  without  any  reserva- 
tion whatever;  so  help  me  God." 

And  the  same  oath  shall  be  administered  to  the  secretary  and  other 
officers  necessary  to  carry  the  business  into  execution. 

Art.  XXXI.  The  executive  power  shall  exist  till  renewed  as  pointed 
out  by  the  rules  of  this  constitution. 

Art.  XXXII.  In  all  transactions  between  the  legislative  and  execu- 
tive bodies  the  same  shall  be  communicated  by  message,  to  be  deliv- 
ered from  the  legislative  body  to  the  governor  or  executive  council  by 
a  committee,  and  from  the  governor  to  the  house  of  assembly  by  the 
secretary  of  the  council,  and  from  the  executive  council  by  a  com- 
mittee of  the  said  council. 

Art.  XXXIII.  The  governor  for  the  time  being  shall  be  captain- 
general  and  commander-in-chief  over  all  the  militia,  and  other  mili- 
tary and  naval  forces  belonging  to  this  State. 

Art.  XXXIV.  All  militia  commissions  shall  specify  that  the  per- 
son commissioned  shall  continue  during  good  behavior. 

Art.  XXXV.  Every  county  in  this  State  that  has,  or  hereafter  may 
have,  two  hundred  and  fifty  men.  and  upwards,  liable  to  bear  arms, 
shall  be  formed  into  a  battalion ;  and  when  they  become  too  numerous 
for  one  battalion,  they  shall  be  formed  into  more,  by  bill  of  the  legis- 
lature ;  and  those  counties  that  have  a  less  number  than  two  hundred 
and  fifty  shall  be  formed  into  independent  companies. 

Art.  XXXVI.  There  shall  be  established  in  each  county  a  court, 
to  be  called  a  superior  court,  to  be  held  twice  in  each  year. 

On  the  first  Tuesday  in  March,  in  the  county  of  Chatham. 

The  second  Tuesday. in  March,  in  the  county  of  Effingham. 

The  third  Tuesday  in  March,  in  the  county  of  Burke, 


Georgia— 1777  783 

The  fourth  Tuesday  in  March,  in  the  county  of  Richmond. 

The  next  Tuesday,  in  the  county  of  Wilkes. 

And  Tuesday  fortnight,  in  the  county  of  Liberty. 

The  next  Tuesday,  in  the  county  of  Glynn. 

The  next  Tuesday,  in  the  county  of  Camden. 

The  like  courts  to  commence  in  October  and  continue  as  above. 

Art.  XXXVII.  All  causes  and  matters  of  dispute,  between  any 
parties  residino-  in  the  same  county,  to  be  tried  within  the  county. 

Art.  XXXVIII.  All  matters  in  dispute  between  contending  par- 
ties residing  in  dill'erent  counties  shall  be  tried  in  the  county  where 
the  defendant  resides,  except  in  cases  of  real  estate,  which  shall 
be  tried  in  the  county  where  such  real  estate  lies. 

Art.  XXXIX.  All  matters  of  breach  of  the  peace,  felony,  murder, 
and  treason  against  the  State  to  be  tried  in  the  county  where  the 
same  was  committed.  All  matters  of  dispute,  both  civil  and  criminal, 
in  any  county  where  there  is  not  a  sufficient  number  of  inhabitants 
to  form  a  court,  shall  be  tried  in  the  next  adjacent  count}^  where  a 
court  is  held. 

Art.  XL.  All  causes,  of  what  nature  soever,  shall  be  tried  in  the 
supreme  court,  except  as  hereafter  mentioned ;  which  court  shall  con- 
sist of  the  chief-justice,  and  three  or  more  of  the  justices  residing  in  the 
county.  In  case  of  the  absence  of  the  chief -justice,  the  senior  justice 
on  the  bench  shall  act  as  chief-justice,  with  the  clerk  of  the  county, 
attorney  for  the  State,  sheritf,  coroner,  constable,  and  the  jurors;  and 
in  case  of  the  absence  of  any  of  the  aforementioned  officers,  the  jus- 
tices to  appoint  others  in  their  room  pro  tempore.  And  if  any 
phaintiif  or  defendant  in  civil  causes  shall  be  dissatisfied  with  the 
determination  of  the  jiirj^,  then,  and  in  that  case,  they  shall  be  at 
liberty,  within  three  days,  to  enter  an  appeal  from  that  verdict,  and 
demand  a  ncAv  trial  by  a  special  jury,  to  be  nominated  as  follows,  viz: 
each  party,  plaintilT  and  defendant,  shall  choose  six,  six  more  names 
shall  be  taken  indifferently  out  of  a  box  provided  for  that  purpose, 
the  whole  eighteen  to  be  summoned,  and  their  names  to  be  put 
together  into  the  box,  and  the  first  twelve  that  are  drawn  out,  being 
present,  shall  be  the  special  jury  to  try  the  cause,  and  from  which 
there  shall  be  no  appeal. 

Art.  XLI.  The  jury  shall  be  judges  of  law,  as  well  as  of  fact,  and 
shall  not  be  allowed  to  bring  in  a  special  verdict;  but  if  all  or  any 
of  the  jury  have  any  doubts  concerning  points  of  law,  they  shall 
apply  to  the  bench,  who  shall  each  of  them  in  rotation  give  their 
opinion. 

Art.  XLII.  The  jury  shall  be  sworn  to  bring  in  a  verdict  accord- 
ing to  law,  and  the  opinion  they  entertain  of  the  evidence;  provided 
it  be  not  repugnant  to  the  rules  and  regulations  contained  in  this 
constitution. 

Art.  XLIII.  The  special  jury  shall  be  sworn  to  bring  in  a  ver- 
dict according  to  law,  and  the  opinion  they  entertain  of  the  evidence; 
provided  it  be  not  repugnant  to  justice,  equity,  and  conscience,  and 
the  rules  and  I'cgulations  contained  in  this  constitution,  of  which  they 
shall  judge. 

Art.  XLIV.  Captures,  both  by  sea  and  land,  to  be  tried  in  the 
county  where  such  shall  be  carried  in;  a  special  court  to  be  called 
by  the  chief -justice,  or  in  his  absence  by  the  then  senior  justice  in 


784  Georgia— 1777 

the  said  count3%  upon  application  of  the  captors  or  claimants,  which 
cause  shall  be  determined  within  the  space  of  ten  days.  The  mode  of 
proceedino;  and  appeal  shall  be  the  same  as  in  the  superior  courts, 
unless,  after  the  second  trial,  an  appeal  is  made  to  the  Continental 
Congress;  and  the  distance  of  time  between  the  first  and  second  trial 
shall  not  exceed  fourteen  daj^s;  and  all  maritime  causes  to  be  tried  in 
like  manner. 

Art.  XLV.  No  grand  jury  shall  consist  of  less  than  eighteen,  and 
twelve  may  find  a  bill. 

Art.  XLVI.  That  the  court  of  conscience  be  continued  as  hereto- 
fore practiced,  and  that  the  jurisdiction  thereof  be  extended  to  try 
causes  not  amounting  to  more  than  ten  pounds. 

Art.  XLVII.  All  executions  exceeding  five  pounds,  except  in  the 
case  of  a  court-merchant,  shall  be  stayed  until  the  first  Monday  in 
March ;  provided  securit}^  be  given  for  debt  and  costs. 

Art.  XLVIII.  All  the  costs  attending  any  action  in  the  superior 
court  shall  not  exceed  the  sum  of  three  pounds,  and  that  no  cause  be 
allowed  to  depend  in  the  superior  court  longer  than  two  terms. 

Art.  XLIX.  Every  officer  of  the  State  shall  be  liable  to  be  called 
to  account  by  the  house  of  assembly. 

Art.  L.  Every  count}-  shall  keep  the  public  records  belonging  to 
the  same,  and  authenticated  copies  of  the  several  records  now  in  the 
possession  of  this  State  shall  be  made  out  and  deposited  in  that 
county  to  which  they  belong. 

Art.  LI.  Estates  shall  not  be  entailed;  and  when  a  person  dies 
intestate,  his  or  her  estate  shall  be  divided  equally  among  their  chil- 
dren; the  widow  shall  have  a  child's  share,  or  her  dower,  at  her 
option ;  all  other  intestates'  estates  to  be  divided  according  to  the  act 
of  distribution,  made  in  the  reign  of  Charles  the  Second,  unless  other- 
Avise  altered  by  any  future  act  of  the  legislature. 

Art.  LII.  A  register  of  probates  shall  be  appointed  by  the  legis- 
lature in  every  county,  for  proving  wills  and  granting  letters  of 
administration. 

Art.  LIU.  All  civil  officers  in  each  county  shall  be  annually  elected 
on  the  day  of  the  general  election,  except  justices  of  the  peace  and 
registers  of  probates,  who  shall  be  appointed  by  the  house  of  assembly. 

Art.  LIV.  Schools  shall  be  erected  in  each  county,  and  supported 
at  the  general  expense  of  the  State,  as  the  legislature  shall  hereafter 
point  out. 

Art.  LV.  A  court-house  and  jail  shall  be  erected  at  the  public 
expense  in  each  county,  where  the  present  convention  or  the  future 
legislature  shall  point  out  and  direct. 

Art.  LVI.  All  persons  whatever  shall  have  the  free  exercise  of 
their  religion;  provided  it  be  not  repugnant  to  the  peace  and  safety 
of  the  State ;  and  shall  not,  unless  by  consent,  support  any  teacher  or 
teachers  except  those  of  their  own  profession. 

Art.  LVII.  The  great  seal  of  this  State  shall  have  the  following 
device :  on  one  side  a  scroll,  whereon  shall  be  engraved,  "  The  Con- 
stitution of  the  State  of  Georgia ;  "'  and  the  motto.  "  Pro  hono  puh- 
licoy  On  the  other  side,  an  elegant  house,  and  other  buildings,  fields 
of  corn,  and  meadows  covered  with  sheej)  and  cattle :  a  river  running 
through  the  same,  with  a  ship  under  full  sail,  and  the  motto,  ''  Deus 
nohis  hoic  otia  fecit.'''' 


Georgia— 1789  785 

Art.  LVIII.  No  person  shall  be  allowed  to  plead  in  the  courts  of 
law  in  this  State,  except  those  who  are  authorized  so  to  do  by  the 
house  of  assembh^;  and  if  any  person  so  authorized  shall  be  found 
guilty  of  malpractice  before  the  house  of  assembly,  the}^  shall  have 
power  to  suspend  them.  This  is  not  intended  to  exclude  an}'  person 
from  that  inherent  privilege  of  every  freeman,  the  liberty  to  plead 
his  own  cause. 

Art.  LIX.  Excessive  fines  shall  not  be  levied,  nor  excessive  bail 
demanded. 

Art.  LX.  The  i^rinciples  of  the  habeas-corpvs  act  shall  be  a  part  of 
this  constitution. 

Art.  LXI.  Freedom  of  the  press  and  trial  by  jury  to  remain  invio- 
late forever. 

Art.  LXII.  Xo  clergyman  of  an^^  denomination  shall  be  allowed  a 
seat  in  the  legislature. 

Art.  LXIII.  Xo  alteration  shall  be  made  in  this  constitution  with- 
out petitions  from  a  majorit}^  of  the  counties,  and  the  petitions  from 
each  county  to  be  signed  b}^  a  majority  of  voters  in  each  county  within 
this  State;  at  which  time  the  assembW  shall  order  a  convention  to 
be  called  for  that  purpose,  specifying  the  alterations  to  be  made, 
according  to  the  petitions  preferred  to  the  assembly  by  the  majority 
of  the  counties  as  aforesaid. 

Done  at  Savannah,  in  convention,  the  fifth  day  of  February,  in 
the  year  of  our  Lord  one  thousand  seven  hundred  and  seventy-seven, 
and  in  the  first  year  of  the  Independence  of  the  United  States  of 
America. 


CONSTITUTION  OF  GEORGIA— 1789  « » 

We,  the  underwritten  delegates  from  the  people,  in  convention  met, 
do  declare  that  the  following  articles  shall  form  the  constitution  for 
the  government  of  this  State ;  and,  by  virtue  of  the  powers  in  us  vested 
for  that  i^urpose,  do  hereby  ratify  and  confirm  the  same. 

Article  I 

Section  1.  The  legislative  power  shall  be  vested  in  two  separate 
and  distinct  branches,  to  wit,  a  senate  and  house  of  representatives,  to 
be  styled  '"  The  general  assembly." 

Sec.  2.  The  senate  shall  be  elected  on  the  first  Monday  in  October 
in  every  third  3'ear,  until  such  day  of  election  be  altered  by  law ;  and 
shall  be  composed  of  one  member  from  each  county,  chosen  by  the 
electors  thereof,  and  shall  continue  for  the  term  of  three  j^ears. 

oTbis  Constitution  wns  framed  by  a  convention  which  assembled  at  Augusta 
No^■eull)er  4,  1788,  and  adjourned  November  24,  1788.  The  Constitution  was 
submitted  to  a  Convention  called  for  the  purjiose  of  ratifying  or  rejecting  it, 
which  met  .January  4.  1780.  It  proposed  amendments,  which  were  submitted  to 
a  convention  which  met  May  4.  178'.),  and  adjourned  May  6,  1789.  This  Conven- 
tion framed  amendments  ])ut  did  not  submit  them  to  the  people. 

&  Verified  by  "The  Constitution  of  (Georgia  of  ]78'.t,"  printed  in  "Digest  of 
Laws  of  the  State  of  Georgia,  *  *  *  [)y  Robert  and  George  Watkins,  Phila- 
delphia.    Printed  by  R.  Aitkin,  1800."     pp.  25-31. 


786  Georgia- -1789 

8ec.  y.  No  person  shall  be  a  mcmhcr  of  the  senate  who  shall  not 
have  attained  to  the  age  of  twenty-eight  years,  and  who  shall  not  have 
been  nine  years  an  inhabitant  of  the  United  States,  and  three  years  a 
citizen  of  this  State;  and  shall  be  an  inhabitant  of  that  comity  for 
which  he  shall  be  elected,  and  have  resided  therein  six  months  innne- 
diately  preceding  his  election,  and  shall  be  possessed  in  his  own  right 
of  two  hundred  and  fifty  acres  of  land,  or  some  property  to  the 
amount  of  two  hundred  and  fifty  pounds. 

Sec.  4.  The  senate  shall  elect,  by  ballot,  a  president  out  of  their  own 
body. 

Sec.  5.  The  senate  shall  have  solely  the  power  to  try  all  impeach- 
ments. 

Sec.  G.  The  election  of  members  for  the  house  of  representatives 
shall  be  annual,  on  the  first  Monday  in  October,  until  such  day  of 
election  be  altered  by  law,  and  shall  be  composed  of  members  from 
each  county,  in  the  folloAving  proportions :  Camden,  two ;  Glynn,  two ; 
Libert}^,  four;  Chatham,  five;  Effingham,  two;  Burke,  four;  Rich- 
mond, four;  Wilkes,  five;  Washington,  two;  Green,  two;  and  Frank- 
lin, two. 

Sec.  7.  No  person  shall  be  a  member  of  the  house  of  representatives 
who  shall  not  have  attained  to  the  age  of  twenty-one  ^^ears,  and  have 
been  seven  years  a  citizen  of  the  United  States,  and  two  years  ar. 
inhabitant  of  this  State;  and  shall  be  an  inhabitant  of  that  county  for 
which  he  shall  be  elected,  and  have  resided  therein  three  months 
immediately  preceding  his  election ;  and  shall  be  possessed  in  his  own 
right  of  two  hundred  acres  of  land,  or  other  property  to  the  amount 
of  one  hundred  and  fifty  pounds. 

Sec.  8.  The  house  of  representatives  shall  choose  their  speaker  and 
other  officers. 

Sec.  9.  They  shall  have  solely  the  power  to  impeach  all  persons  who 
have  been  or  may  be  in  office. 

Sec.  10.  No  person  holding  a  militar}^  commission,  or  office  of 
profit,  under  this  or  the  United  States,  or  either  of  them,  (except  jus- 
tices of  the  peace  and  officers  of  the  militia,)  shall  be  allowed  to  take 
his  seat  as  a  member  of  either  branch  of  the  general  assembh^;  nor 
shall  any  senator  or  representative  be  elected  to  any  office  of  profit 
Avhich  shall  be  created  during  his  appointment. 

Sec.  11.  The  meeting  of  the  general  assembly  shall  be  annual,  on 
the  first  Monday  in  November,  until  such  day  of  meeting  be  altered  by 
law. 

Sec.  12.  One-third  of  the  members  of  each  branch  shall  have  power 
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. 

Sec.  13.  Each  house  shall  be  judges  of  the  elections,  returns,  and 
qualifications  of  its  own  members,  with  powers  to  expel  or  punish  for 
disorderly  behavior. 

Sec.  14.  No  senator  or  representative  shall  be  liable  to  be  arrested 
during  his  attendance  on  the  general  assembly,  or  for  a  reasonable 
time  in  going  thereto  or  returning  home,  except  it  be  for  treason, 
felony,  or  breach  of  the  peace;  nor  shall  any  member  be  liable  to 
answer  for  anything  spoken  in  debate  in  either  house,  in  any  court  or 
place  elsewhere. 


Georgia— 1789  1^1 

Sec.  15.  The  members  of  the  senate  and  house  of  representatives 
shall  take  the  following  oath  or  affirmation :  ''  I,  A  B,  do  solemnly 
swear  (or  affirm,  as  the  case  may  be)  that  I  have  not  obtained  my 
election  by  briber}',  or  other  unlawful  means;  and  that  I  will  give  my 
vote  on  all  questions  that  may  come  before  me,  as  a  senator,  (or  repre- 
sentative,) in  such  manner  as,  in  my  judgment,  will  best  promote  the 
good  of  this  State ;  and  that  I  will  bear  true  faith  and  allegiance  to 
the  same,  and  to  the  utmost  of  my  j^ower  observe,  support,  and  defend 
the  constitution  thereof." 

Sec.  1G.  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  constitution. 

Sec.  it.  They  shall  have  power  to  alter  the  boundaries  of  the  pres- 
ent counties,  and  to  lay  off  new  ones,  as  well  out  of  the  counties 
already  laid  off,  as  out  of  the  other  territory  belonging  to  the  State. 
Wlien  a  new  county  or  counties  shall  be  laid  off',  out  of  any  of  the 
present  county  or  counties,  such  new  county  or  counties  shall  have 
their  representation  apportioned  out  of  the  number  of  the  representa- 
tives of  the  county  or  counties  out  of  which  it  or  they  shall  be  laid 
out ;  and  Avhen  any  new  county  shall  be  laid  off  in  the  vacant  territory 
belonging  to  the  State,  such  county  shall  have  a  number  of  represen- 
tatives, not  exceeding  three,  to  be  regulated  and  determined  by  the 
general  assembly.  And  no  money  shall  be  drawn  out  of  the  treasury, 
or  from  the  public  funds  of  this  State,  except  by  appropriations  made 
by  law. 

Sec.  18.  No  clergyman  of  any  denomination  shall  be  a  member  of 
the  general  assembly. 

Article  II 

Section  1.  The  executive  power  shall  be  vested  in  a  governor,  who 
shall  hold  his  office  during  the  term  of  two  years,  and  shall  be  elected 
in  the  folloAving  manner : 

Sec.  2.  The  house  of  representatives  shall,  on  the  second  day  of 
their  making  a  house,  in  the  first,  and  in  every  second  year  thereafter, 
vote  by  ballot  for  three  persons;  and  shall  make  a  list  containing  the 
names  of  the  persons  voted  for,  and  of  the  number  of  votes  for  each 
person ;  which  list  the  speaker  shall  sign  in  the  presence  of  the  house, 
and  deliver  it  in  person  to  the  senate;  and  the  senate  shall,  on  the 
same  day,  proceed,  by  ballot,  to  elect  one  of  the  three  persons  having 
the  highest  number  of  votes;  and  the  person  having  a  majority  of 
the  votes  of  the  senators  present  shall  be  the  governor. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of  governor  who 
shall  not  have  been  a  citizen  of  the  United  States  twelve  j^ears,  and  an 
inhal)itant  of  this  State  six  years,  and  who  hath  not  attained  to  the 
age  of  thirty  years,  and  who  does  not  possess  five  hundred  acres  of 
land,  in  his  own  right,  within  this  State,  and  other  species  of  prop- 
erty to  the  amount  of  one  thousand  pounds  sterling. 

Sec.  4.  In  case  of  the  death,  resignation,  or  disabilitj^  of  the  gover- 
nor, the  president  of  the  senate  shall  exercise  the  executive  powers  of 
government  until  such  disability  be  removed,  or  until  the  next  meet- 
ing of  the  general  assembly. 

Sec.  5.  The  governor  shall,  at  stated  times,  receive  for  his  service 
a  compensation  which  shall  neither  be  increased  nor  diminished  dur- 


788  Georgia— 1789 

iiig  the  period  for  which  he  shall  he  ele(;te(l ;  neither  shall  he  receive, 
within  that  i)eriod,  any  other  emolument  from  the  United  States,  or 
any  of  them,  or  from  any  foreign  ]:)ower.  Before  he  enters  on  the 
execution  of  his  office  he  shall  take  the  followin<^  oath  or  affirmation: 
"  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will  faith- 
fully execute  the  office  of  governor  of  the  State  of  Georgia,  and  will, 
to  the  best  of  my  abilities,  preserve,  protect,  and  defenfl  the  said  State, 
and  cause  justice  to  be  executed  in  mercy  therein,  according  to  the 
constitution  and  laws  of  the  same." 

Sec.  6.  He  shall  be  commander-in-chief  in  and  over  the  State  of 
Georgia,  and  of  the  militia  thereof. 

Sec.  7.  He  shall  have  power  to  grant  reprieves  for  offences  against 
the  State,  except  in  cases  of  impeachment,  and  to  grant  pardons,  in  all 
cases  after  conviction,  except  for  treason  or  murder,  in  which  cases  he 
may  respite  the  execution,  and  make  a  report  thereof  to  the  next 
general  assembly,  by  whom  a  pardon  may  be  granted. 

Sec.  8.  He  shall  issue  writs  of  election  to  fill  up  all  vacancies  that 
happen  in  the  senate  or  house  of  representatives,  and  shall  haA'e  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  maj^  deem 
necessary  and  expedient. 

Sec.  9.  In  case  of  a  disagreement  between  the  senate  and  house  of 
representatives,  v/ith  respect  to  the  time  to  Avhich  the  general  assem- 
bly shall  adjourn,  he  may  adjourn  them  to  such  time  as  he  ma}^  think 
proper. 

Sec.  10.  He  shall  have  the  revision  of  all  bills  passed  by  both 
houses,  before  the  same  shall  become  laAvs;  but  two-thirds  of  both 
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 
assembly,  by  their  adjournment,  shall  prevent  its  return. 

Sec.  11.  The  great  seal  of  the  State  shall  be  deposited  in  the  office 
of  the  secretary,  and  it  shall  not  be  affixed  to  any  instrument  of  writ- 
ing without  it  be  by  order  of  the  governor  or  general  assembly;  and 
the  general  assembly  may  direct  the  great  seal  to  be  altered. 

Article  III 

Section  1.  A  superior  court  shall  be  held  in  each  county  twice  in 
eveiy  year;  in  which  shall  be  tried,  and  brought  to  final  decision,  all 
causes,  civil  and  criminal,  except  such  as  may  l)e  subject  to  a  Federal 
court,  and  such  as  ma}',  by  law%  be  referred  to  inferior  jurisdiction. 

Sec.  2.  The  general  assembly  shall  point  out  the  mode  of  correcting 
errors  and  appeals,  which  shall  extend  so  far  as  to  empower  the 
judges  to  direct  a  new  trial  by  jury  within  the  county  where  the 
action  originated,  and  which  shall  be  final. 

Sec.  3.  Courts-merchant  shall  be  held  as  heretofore,  subject  to  such 
regulations  as  the  general  assembly  may  by  law  direct. 

Sec.  4.  All  causes  shall  be  tried  in  the  county  where  the  defendant 
resides  excejDt  in  cases  of  real  estate,  which  shall  be  tried  in  the  county 
where  such  estate  lies,  and  in  criminal  cases,  which  shall  be  tried 
in  the  countv  where  the  crime  shall  be  committed. 


Georgia— 1789  789 

Sec.  5.  The  judges  of  the  superior  court  and  attorney-general  shall 
have  a  competent  salary  established  by  law,  Avhich  shall  not  be 
increased  nor  diminished  during  their  continuance  in  office,  and  shall 
hold  their  commission  during  the  term  of  three  j'ears. 

Article  IV 

Section  1.  The  electors  of  the  members  of  both  branches  of  the 
general  assembly  shall  be  citizens  and  inhabitants  of  this  State,  and 
shall  have  attained  to  the  age  of  twenty-one  years,  and  have  paid  tax 
for  the  year  preceding  the  election,  and  shall  have  resided  six  months 
within  the  county. 

Sec.  2.  All  elections  shall  be  by  ballot,  and  the  house  of  representa- 
tives, in  all  aiDpointments  of  State  officers,  shall  vote  for  three  per- 
sons; and  a  list  of  the  three  persons  having  the  highest  number  of 
votes  shall  be  signed  by  the  speaker,  and  sent  to  the  senate,  which 
shall  from  such  list  determine,  by  a  majority  of  their  votes,  the  officer 
elected,  except  militia  officers  and  the  secretaries  of  the  governor,  who 
shall  be  appointed  by  the  governor  alone,  under  such  regulations  and 
restrictions  as  the  general  assembly  may  prescribe.  The  general 
assembl}^  may  vest  the  appointment  of  inferior  officers  in  the  gov- 
ernor, the  courts  of  justice,  or  in  such  other  manner  as  they  may  by 
law  establish. 

Sec.  3.  Freedom  of  the  press  and  trial  by  juiy  shall  remain  invio- 
late. 

Sec.  4.  All  persons  shall  be  entitled  to  the  benefit  of  the  writ  of 
habeas  corpus. 

Sec.  5.  All  persons  shall  have  the  free  exercise  of  religion,  without 
being  obliged  to  contribute  to  the  support  of  am^  religious  profession 
but  their  own. 

Sec.  6.  Estates  shall  not  be  entailed ;  and  when  a  person  dies  intes- 
tate, leaving  a  wife  and  children,  the  wife  shall  have  a  child's  share, 
or  her  dower,  at  her  option;  if  there  be  no  wife,  the  estate  shall  Ije 
equally  divided  among  the  children  and  their  legal  representatives 
or  the  first  degree.  The  distribution  of  all  other  intestate  estates  may 
be  regulated  by  law. 

Sec.  7.  At  the  general  election  for  members  of  assembly,  in  the  year 
one  thousand  seven  hundred  and  ninety-four,  the  electors  in  each 
county  shall  elect  three  persons  to  represent  them  in  a  convention,  for 
the  purpose  of  taking  into  consideration  the  alterations  necessary  to 
be  made  in  this  constitution,  who  shall  meet  at  such  time  and  place 
as  the  general  assembly  ma}'  appoint ;  and  if  two-thirds  of  the  whole 
number  shall  meet  and  concur,  they  shall  proceed  to  agree  on  such 
alterations  and  amendments  as  they  may  think  proper:  Provided, 
That  after  two-thirds  shall  have  concurred  to  proceed  to  alterations 
and  amendments,  a  majority  shall  determine  on  tlic  particulars  of 
such  alterations  and  amendments. 

Sec.  8.  This  constitution  shall  take  effect,  and  be  in  full  force,  on 
the  first  Monday  in  October  next,  after  the  adoption  of  the  same; 
and  the  executive  shall  be  authorized  to  alter  the  time  for  the  sitting 
of  the  superior  courts,  so  that  the  same  may  not  interfere  with  the 
annual  elections  in  the  respective  counties,  or  the  meeting  of  the  first 
general  assembly. 


790  Georgia— 1795 

Done  at  Angusta,  in  convention,  the  sixth  day  of  May,  in  the  year 
of  our  Lord  one  thousand  seven  hunch-ed  and  eighty-nine  and  in  the 
year  of  the  Sovereignty  and  Independence  of  the  United  States  the 
thirteenth. 

Wm.  Gibbons,  President. 

D.  LoNGSTKEET,  Secretary. 


AMENDMENTS    TO    THE    CONSTITUTION    OF    1789 « 
(Adopted  May  16,  1795) 

Article  I.  The  senate  shall  be  elected  annually  on  the  first  Monday 
in  November  until  such  day  of  election  be  altered  by  laAv ;  and  shall 
be  composed  of  one  member  from  each  county,  to  be  chosen  by  the 
electors  thereof. 

Art.  II.  All  elections  to  be  made  by  the  general  assembly,  shall  be 
by  joint  ballot  of  the  senate  and  house  of  representatives. 

Art.  III.  The  election  of  members  for  the  house  of  representatives 
shall  be  annual  on  the  first  Monday  in  November;  and  shall  be  com- 
posed of  members  from  each  county  in  the  following  proportions: 
Camden,  two;  Glynn,  two;  Liberty,  four;  Mcintosh,  two;  Biyan, 
two;  Chatham,  four;  Effingham,  two;  Scriven,  two;  Montgomery, 
two;  Burke,  three;  Richmond,  two;  Columbia,  two;  Wilkes,  three; 
Elbert,  two;  Franklin,  two;  Oglethorpe,  three;  Green,  three;  Han- 
cock, three;   Washington,  three ;   Warren,  three. 

Art.  IV.  At  the  general  election  for  members  of  assembly  in  the 
year  1797,  the  electors  of  the  present  counties  shall  elect  three  persons 
to  represent  them  in  a  convention  for  the  purpose  of  taking  into 
consideration  the  further  alterations  and  amendments  necessary  to  be 
made  in  the  constitution,  who  shall  meet  at  the  town  of  Louisville 
the  second  Tuesday  in  May  thereafter;  a  majority  of  the  said  con- 
vention shall  have  power  to  proceed  to,  and  agree  on,  such  altera- 
tions and  amendments  as  they  may  think  proper. 

Art.  V.  The  meeting  of  the  general  assembly  shall  be  annual  on 
the  second  Tuesday  in  January;  a  majority  of  whom  shall  have 
power  to  proceed  to  business. 

Art.  VI.  That  Louisville  be  the  permanent  seat  of  government; 
and  that  the  governor,  secretary  of  the  State,  the  treasurer,  the 
auditor,  and  the  surveyor-general,  remove  their  offices  thereto,  as 
soon  as  may  be  convenient,  previously  to  the  next  meeting  of  the 
general  assembly. 

Art.  VII.  Article  of  constituted  rights  annexed  to  the  constitution 
as  amended. 

Art.  VIII.  All  powers  not  delegated  bv  the  constitution  as 
amended,  are  retained  by  the  people. 


a  These  amendments  were  framed  by  a  convention  which  met  at  Louisville  in 
the  spring  of  1795  and  completed  its  labors  May  16.  1795.  The  amendments 
were  not  submitted  to  the  people,  but  took  effect  on  the  first  Monday  of  the 
following  October. 


Georgia— 1798  791 


CONSTITUTION  OF  GEORGIA— 1798  *  « 

The  constitution  of  the  State  of  Georgia,  as  revised,  amended,  and  compiled  hy 
the  convention  of  the  State,  at  Louisville,  on  the  30th  daj'  of  May,  1798 

Article  I 

Sectiox  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  per- 
sons, being  of  one  of  these  departments,  shall  exercise  any  power 
properly  attached  to  either  of  the  others,  except  in  the  instances 
herein  expressly  permitted. 

Sec.  2.  The  legislative  power  shall  be  vested  in  two  separate  and 
distinct  branches,  to  wit :  A  senate  and  house  of  representatives,  to 
be  styled  '"  The  general  assembly." 

Sec.  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. 

Sec.  4.  No  person  shall  be  a  senator  who  shall  not  have  attained  to 
the  age  of  twenty-five  years,  and  have  been  nine  years  a  citizen  of  the 
United  States,  and  three  years  an  inhabitant  of  this  State,  and  shall 
have  usually  resided  within  the  county  for  which  he  shall  be  returned, 
at  least  one  year  immediately  preceding  his  election,  (except  persons 
who  may  have  been  absent  on  public  business  of  this  State  or  of  the 
United  States,)  and  is  and  shall  have  been  possessed,  in  his  own 
right,  of  a  settled  freehold  estate  of  the  value  of  five  hundred  dollars, 
or  taxable  proj^ertj^  to  the  amount  of  one  thousand  dollars,  within 
the  county,  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. 

Sec.  5.  The  senate  shall  elect,  by  ballot,  a  president  of  their  own 
body. 

Sec.  G.  The  senate  shall  have  the  sole  power  to  try  all  impeach- 
ments. AMien  sitting  for  that  purpose,  they  shall  be  on  oath  or  affir- 
mation ;  and  no  person  shall  be  convicted  without  the  concurrence  of 
two-thirds  of  the  members  present.  Judgment  in  cases  of  imj)each- 
ment  shall  not  extend  further  than  removal  from  office  and  disquali- 
fication to  hold  and  enjoy  any  office  of  honor,  trust,  or  ])rofit  within 
this  State;  but  the  part}"  convicted  shall,  nevertheless,  be  subject  to 
indictment,  trial,  judgment,  and  punishment  according  to  law. 

Sec.  7.  The  house  of  representatives  shall  be  composed  of  members 
from  all  the  counties  which  now  are,  or  hereafter  may  be,  included 
Avithin  this  State,  according  to  their  respective  numbers  of  free  white 
persons,  and  including  three-fifths  of  all  the  people  of  color.  The 
actual  enumeration  shall  be  made  within  two  years,  and  within  every 

*  Verifiod  h\  "  Watkins'  Digest  of  the  Laws  of  Georgia,  Philadelphia,  1800," 
pp.  31-4:i 

a  This  constitution  was  framed  hy  a  convention  which  met  at  Louisville  May 
8,  1708.  It  was  signed  ^L-iy  MU,  1798.  and  went  into  effect  on  the  first  Monday 
of  Octoher  of  that  year,  without  having  heeu  suhmitted  to  the  people. 


792  Georgia— 1798 

subsequent  term  of  seven  years  thereafter,  at  such  time  and  in  sneli 
manner  as  this  convention  may  direct.  Each  county  containiu^  three 
thousaiul  persons,  agreeably  to  tlie  foregoing  i)]an  of  eiHuiierati(ni, 
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  representatives  shall 
be  chosen  annually,  on  the  first  Monday  in  November,  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  num- 
ber of  representatives,  respectiveh^ :  Camden,  tAvo;  Glynn,  tAvo;  Lib- 
erty, three;  M'Intosh,  two;  Bryan,  one;  Chatham,  four;  Effingham, 
two;  Scriven,  two;  Montgomery,  tAvo;  Burke,  three;  Bullock,  one; 
Jefferson,  three;  Lincoln,  tAvo;  Elbert,  three;  Jackson,  two;  Rich- 
mond, three,  Wilkes,  four;  Columbia,  three;  Warren,  three;  Wash- 
ington, three;  Hancock,  four;  Greene,  three;  Oglethorpe,  three;  and 
Franklin,  tAvo. 

Sec.  8.  No  person  shall  be  a  representati\"e  who  shall  not  have 
attained  to  the  age  of  tAventy-one  years,  and  liaA^e  been  seven  years  a 
citizen  of  the  United  States,  three  years  an  inhabitant  of  this  State, 
and  have  usually  resided  in  the  county  in  Avhich  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  OAvn  right  of  a  settled  freehold  estate  of 
the  A-alue  of  tAvo  hundred  and  fifty  dollars,  or  of  taxable  property  to 
the  amount  of  five  hundred  dollars  Avithin  the  county,  for  one  year 
preceding  his  election,  and  whose  estate  shall,  on  a  reasonable  estima- 
tion, be  competent  to  the  discharge  of  his  just  debts,  over  and  above 
that  sum. 

Sec,  9.  The  house  of  representatiA^es  shall  choose  their  speaker  and 
other  officers. 

Sec.  10.  They  shall  have  solely  the  poAver  to  impeach  all  persons 
Avho  haA^e  been  or  may  be  in  office. 

Sec.  11.  No  person  holding  any  military  commission  or  other  ap- 
pointment, having  any  emolument  annexed  thereto,  under  this  State 
or  the  United  States,  or  either  of  them,  except  justices  of  the  inferior 
court,  justices  of  the  peace,  and  officers  of  the  militia,  nor  any  person 
who  has  had  charge  of  public  moneys  belonging  to  the  State,  unac- 
counted for  and  unpaid,  or  who  has  not  paid  all  legal  taxes  or  con- 
tributions to  the  goA^ernment  required  of  him,  shall  haA^e  a  seat  in 
either  branch  of  the  general  assembly ;  nor  shall  any  senator  or  repre- 
sentatiA^e  be  elected  to  any  office  or  appointment  by  the  legislature, 
haAang  any  emoluments  or  compensation  annexed  thereto,  during  the 
time  for  AAhich  he  shall  liaA^e  been  elected,  Avith  the  above  exception, 
unless  he  shall  decline  accepting  his  seat,  by  notice  to  the  executive 
Avithin  tAventy  days  after  he  shall  haA'e  been  elected;  nor  shall  any 
member,  after  having  taken  his  seat,  be  eligible  to  any  of  the  afore- 
said offices  or  appointments  during  the  time  for  Avhich  he  shall  haA'e 
been  elected. 

Sec.  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. 


Georgia— 1798  793 

Sec.  13.  Each  honne  shall  be  the  judges  of  the  elections,  returns, 
and  qualifications  of  its  own  members;  Avith  powers  to  expel  or  pun- 
ish, by  censuring,  fining,  and  imprisoning,  or  either,  for  disorderly 
behavior;  and  may  expel  any  person  convicted  of  any  felonious  or 
infamous  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  Avho, 
during  session,  shall  threaten  harm  to  the  body  or  estate  of  any  mem- 
ber, for  anything  said  or  done  in  either  house,  or  who  shall  assault  or 
arrest  any  witness  in  going  to  or  returning  therefrom,  or  who  shall 
rescue  any  person  arrested  by  order  of  either  house. 

Sec.  l-t.  No  senator  or  representative  shall  h^  lialjle  to  be  arrested 
during  his  attendance  on  the  general  assembly,  or  for  ten  days  previ- 
ous to  its  sitting,  or  for  ten  days  after  the  rising  thereof,  except  for 
treason,  felon}',  or  breach  of  the  peace ;  nor  shall  any  member  be  liable 
to  answer  for  anything  spoken  in  debate  in  either  house,  in  any  court 
or  place  elsewhere:  but  shall  nevertheless  be  bound  to  answer  for 
perjury,  bribery,  or  corruption. 

Sec.  15.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
publish  them  immediately  after  their  adjournment ;  and  the  yeas  and 
naj's  of  the  members  on  any  question  shall,  at  the  desire  of  any  two 
members,  be  entered  on  the  journals. 

Sec.  16.  All  bills  for  raising  revenue  or  appropriating  moneys  shall 
originate  in  the  house  of  representatives,  but  the  senate  shall  ];)ropose 
or  concur  with  amendments,  as  in  other  bills. 

Sec.  it.  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- 
])ressed  in  the  title  thereof;  and  all  acts  shall  be  signed  by  the  pre>-i- 
dent  in  the  senate,  and  speaker  in  the  house  of  representatives.  Xo 
bill  or  ordinance  which  shall  have  been  rejected  by  either  house  shall 
be  l)rouglit  in  again  during  the  session,  under  the  same  or  any  other 
title,  Avithout  the  consent  of  two-thirds  of  each  branch. 

Sec.  18.  Each  senator  and  representative,  before  he  be  i)ermitted  to 
take  his  seat,  shall  take  an  oath,  or  make  affirmation,  that  he  hath 
not  practised  any  unlawful  means,  either  directly  or  indirectly,  to 
jH'ocure  his  election ;  and  every  person  shall  be  disqualified  from  serv- 
ing as  a  senator  or  representative,  for  the  term  for  which  he  shall 
have  been  elected,  who  shall  be  convicted  of  having  given  or  offered 
any  bribe  or  treat,  or  canvassed  for  such  election;  and  every  candi- 
date eniph)ying  like  means,  and  not  elected,  shall,  on  conviction,  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  disabilities  or 
penalties  as  m^y  be  prescribed  by  law. 

Sec.  19.  Every  member  of  the  senate  or  house  of  rejiresentatives 
shall,  before  he  takes  his  seat,  take  the  following  oath  or  affirmation, 
to  wit:  "  I,  A  B,  do  solemnly  swear  (or  affirm,  as  the  case  may  be) 
that  I  have  not  obtained  my  election  by  bribery,  treats,  canvassing, 
or  other  mxlue  or  unlawful  means,  used  by  myself,  or  others  by  my 
desire  or  ai)i)robation,  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 


794  Georgia— 1798 

condnctive  to  the  interest  and  prosperity  of  this  State;  and  that  I 
will  bear  true  faith  and  allegiance  to  the  same;  and  to  the  utmost  of 
my  poAver  and  ability  observe,  conform  to,  support,  and  defend  the 
constitution  thereof." 

Sec.  20.  No  person  who  hath  been  or  may  be  convicted  of  felony 
before  any  court  of  this  State,  or  any  of  the  United  States,  shall  be 
eligible  to  an}'^  office  or  appointment  of  honor,  profit,  or  trust  within 
this  State. 

Sec.  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  governor 
may  adjourn  them. 

Sec.  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  constitution. 

Sec.  23.  They  shall  have  power  to  alter  the  boundaries  of  the  pres- 
ent counties,  and  to  lay  off  new  ones,  as  well  out  of  the  counties 
already  laid  off  as  out  of  the  other  territor}^  belonging  to  the  State; 
but  the  property  of  the  soil,  in  a  free  government,  being  one  of  the 
essential  rights  of  a  free  people,  it  is  necessary,  in  order  to  avoid  dis- 
putes, that  the  limits  of  this  State  should  be  ascertained  with  preci- 
sion and  exactness;  and  this  convention,  composed  of  the  immediate 
representatives  of  the  people,  chosen  by  them  to  assert  their  rights, 
to  revise  the  powers  given  by  them  to  the  goA^ernment,  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  northern  boundary-line 
of  South  Carolina,  if  the  said  branch  or  stream  of  Tugalo  extends  so 
far  north,  reserA^ing  all  the  islands  in  the  said  riA'ers  SaA^annah  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  bound- 
ary-line of  South  Carolina,  then  a  Avest  line  to  the  ]Mississippi,  to  be 
drawn  from  the  head  spring  or  source  of  the  said  branch  or  stream 
of  Tugalo  RiA^er,  which  extends  to  the  highest  northern  latitude; 
thence,  doAvn  the  middle  of  the  said  riA^er  Mississippi,  until  it  shall 
intersect  the  northernmost  part  of  the  thirty-first  degree  of  north  lati- 
tude; 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  riA^er  Apalachicola,  or  Chatahoochee; 
thence,  along  the  middle  thereof,  to  its  junction  with  Flint  RiA'er; 
thence  straight  to  the  head  of  Saint  INIary's  RiA^er;  and  thence,  along 
the  middle  of  Saint  Mary's  RiA-er,  to  the  Atlantic  Ocean,  and  from 
thence  to  the  mouth  or  inlet  of  SaA^annah  River,  the  place  of  begin- 
ning; including  and  comprehending  all  the  lands  and  waters  within 
the  said  limits,  boundaries,  and  jurisdictional  rights;  and  also  all  the 
islands  Avithin  twenty  leagues  of  the  sea-coast.     And  this  convention 


Georgia— 1798  795 

doth  further  declare  and  assert  that  all  the  territory  without  the  pres- 
ent 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.,  nerertheless. 
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 
aiid  extinguishment  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  fvocided  also^  The  legislature  may  give  its  consent 
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  territor}^  of  this  State,  or  any  part 
thereof,  shall  take  place  to  individuals  or  private  companies,  unless  a 
county  or  counties  shall  have  been  first  laid  off,  including  such  terri- 
tory, and  the  Indian  rights  shall  have  been  extinguished  thereto. 

Sec.  24.  The  foregoing  section  of  this  article  having  declared  the 
common  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  Avhich  the  contemplated  pur- 
chases 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  provision  by 
law  for  returning  to  any  person  or  persons  Avho  has  or  have  hoiia  fide 
deposited  moneys  for  such  purjjoses  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  February,  one  thousand 
seven  hundred  and  ninety-six,  commonly  called  the  rescinding  act,  or 
the  appropriation  laws  of  the  years  one  thousand  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  appropriation  as  such;  but  until 
such  moneys  be  drawn  from  the  treasury,  they  shall  be  considered 
altogether  at  the  risk  of  the  persons  who  have  deposited  Ihe  same. 
No  money  shall  be  drawn  out  of  the  treasury  or  from  the  ]:)ublic  funds 
of  this  State,  except  by  appropriation  made  by  law;  and  a  regular 
statement  and  account  of  the  receipts  and  expenditures  of  all-  public 
moneys  shall  be  published  from  time  to  time.  No  vote,  resolution, 
law,  or  order  shall  j:)ass  the  general  assembly  granting  a  donation  or 
gratuity  in  favor  of  any  pei'son  whatever  but  by  the  concurrence  of 
two-thirds  of  the  general  assembly. 

Sec.  25.  It  shall  be  the  duty  of  the  justices  of  the  inferior  court,  or 
any  three  of  them,  in  cacli  county  resj^ectively,  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  enumera- 
tion of  all  free  white  jiersons  and  people  of  color  residing  therein, 
distinguishing,  in  separate  columns,  the  free  white  persons  from  per- 
sons of  color,  and  return  the  same  to  the  clerks  of  the  superior  courts 


796  Georgia— 1798 

of  the  several  counties,  certified  under  their  hands,  on  or  before  the 
first  day  of  December  next;  the  person  so  appointed  being  first  sev- 
erally sworn  before  the  said  justices,  or  either  of  them,  duly  and  faith- 
fully 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  assem- 
bly, at  their  said  hrst  session,  to  apportion  the  members  of  the  house  of 
representatives  among  the  several  counties,  agreeably  to  the  plans  pre- 
scribed by  this  constitution,  and  to  provide  an  adequate  compensation 
abode  shall  be  in  any  family  on  the  first  Monday  in  Jul}^  next  shall 
be  returned  as  of  such  family;  and  every  person  occasionally  absent 
at  the  time  of  taking  the  enumeration,  as  belonging  to  that  place  in 
Avhich  he  usually  resides.  The  general  assembly  shall,  by  law,  direct 
the  manner  of  taking  such  census  or  enumeration,  within  every  sub- 
sequent term  of  seven  years,  in  conformity  to  this  constitution.  And 
it  is  declared  to  be  the  duty  of  all  officers,  civil  and  military,  through- 
out the  State,  to  be  aiding  and  assisting  in  the  true  and  faithful  exe- 
cution thereof.  In  case  the  justices  of  the  inferior  courts  should  fail 
to  make  such  appointments,  or  if  there  should  not  be  a  sufficient  num- 
ber 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  assembly  shall  apportion  the  representation  of  such  county 
according  to  the  best  evidence  in  their  power,  relative  to  its  popu- 
lation. 

Sec.  26.  The  Legislature  shall  have  no  power  to  change  names,  nor 
to  Legitimate  persons,  nor  to  make  or  change  Precincts,  nor  to  estab- 
lish Bridges  or  Ferries,  but  shall,  by  law,  prescribe  the  manner  in 
which  said  powers  shall  be  exercised  by  the  Superior  or  Liferior 
courts,  and  the  privileges  to  be  enjoyed. 

Article  II 

Section  1.  The  executive  power  shall  be  vested  in  a  governor,  wno 
shall  hold  his  office  during  the  term  of  two  years,  and  until  such  time 
as  a  successor  shall  be  chosen  and  qualified.  He  shall  have  a  compe- 
tent salary,  established  by  law,  which  shall  not  be  increased  or  dimin- 
ished 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. 

Sec.  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  business. 

Sec.  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  years,  and  who  hath  not  attained  to  the 
age  of  thirty  years,  and  who  does  not  possess  five  hundred  acres  of 
land,  in  his  own  right,  within  this  State,  and  other  property  to  the 


Georgia— 1798  797 

amount  of  four  thousand  dollars,  and  whose  estate  shall  not,  on  a  rea- 
sonable estimation,  be  competent  to  the  discharf^je  of  his  delfts,  over 
and  above  that  sum. 

Sec.  4.  In  case  of  the  death,  resignation,  or  disability  of  the  gover- 
nor, the  president  of  the  senate  shall  exercise  the  executive  powers  of 
government  until  such  disability  be  removed,  or  until  the  next  meet- 
ing of  the  general  assembly. 

Sec.  5.  The  governor  shall,  before  he  enters  on  the  duties  of  his 
office,  take  the  following  oath  or  affirmation :  "  I  do  solemnly  swear 
(or  affirm,  as  the  case  may  be)  that  I  will  faithfully  execute  the  office 
of  governor  of  the  State  of  Georgia;  and  Avill,  to  the  best  of  my 
abilities,  j^reserve,  protect,  and  defend  the  said  State,  and  cause  jus- 
tice to  be  executed  in  mercy  therein,  according  to  the  constitution  and 
laws  thereof." 

Sec.  6.  He  shall  be  commander-in-chief  of  the  army  and  navv  of 
this  State,  and  of  the  militia  thereof. 

Sec.  7.  He  shall  have  power  to  grant  reprieves  for  offences  against 
the  State,  except  in  cases  of  impeachment,  and  to  grant  pardons  or  to 
remit  anj^  part  of  a  sentence,  in  all  cases  after  conviction,  excei)t  for 
treason  or  murder,  in  which  cases  he  may  respite  the  execution,  and 
make  report  thereof  to  the  next  general  assembly,  hy  whom  a  pardon 
may  be  granted. 

Sec.  8.  He  shall  issue  writs  of  election  to  fill  up  all  vacancies  that 
hai^pen  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. 

Sec.  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,  agreeable  to  the  mode  pointed  out  by  this  constitution  or 
by  the  legislature. 

Sec.  10.  He  shall  have  the  revision  of  all  bills  passed  by  both 
houses  before  the  same  shall  become  laws;  but  two-thirds  of  both 
liouses  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 
assembly,  by  their  adjournment,  shall  prevent  its  return. 

Sec.  11.  Every  vote,  resolution,  or  order,  to  Avhich  the  concurrence 
of  both  houses  nn\y  be  necessary,  exce]:»t  on  a  question  of  adjourn- 
ment, shall  be  presented  to  the  governor;  and,  before  it  shall  take 
effect,  be  ajjproved  by  him;  or,  being  disapproved,  may  be  repassed 
by  two-thirds  of  both  houses,  according  to  the  rules  and  limitations 
prescribed  in  case  of  a  bill. 

Sec.  12.  There  shall  be  a  secretary  of  the  State,  a  treasurer,  and  a 
surveyor-general,  appointed  in  the  same  numner  and  at  the  same 
session  of  the  legislature,  and  they  shall  hold  tlx^ir  offices  for  the  like 
period  as  the  governor,  and  shall  liave  a  competent  salary,  includ- 
ing such  emoluments  as  may  be  established  by  law,  which  sliall  not  be 
increased  or  diminished  during  the  period  for  which  they  shall  have 
been  elected. 

7251 — \oi.  1 — 07 53 


798  Georgia— 1798 

Sp:r.  13.  Tlio  ojreat  seal  of  the  State  shall  bo  floposited  in  the  office 
of  the  secretarv  of  state,  and  shall  not  be  affixed  to  any  instrument 
of  Avriting  but  by  order  of  the  governor  or  general  assembly;  and  the 
general  assembly  shall,  at  their  first  session  after  the  rising  of  this 
convention,  cause  the  great  seal  to  be  altered  by  law. 

Sec.  14.  The  governor  shall  have  poAver  to  appoint  his  oAvn  sec- 
retaries. 

.Vktu  I.K  III 

Section  1.  The  judicial  powers  of  this  State  shall  be  vested  in  a 
superior  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,  removable 
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  haA'e  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  determined,  and  such  errors 
corrected,  in  the  superior  court  of  the  county  in  which  such  action 
originated.  And  the  said  court  shall  also  have  appellate  jurisdiction 
in  such  other  cases  as  the  legislature  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  applica- 
tion for  new  trials,  or  correction  of  errors,  shall  enter  their  opinions 
on  the  minules  of  the  court.  The  inferior  courts  shall  have  cog- 
nizance of  all  other  civil  cases,  which  shall  be  tried  in  the  county 
wherein  the  defendant  resides,  except  in  cases  of  joint  obligors,  resid- 
ing in  difl'erent  counties,  Avhich  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  service,  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  ai:)point. 

Sec.  2.  The  judges  shall  have  salaries  adequate  to  their  services, 
established  by  law,  which  shall  not  be  increased  or  diminished  during 
their  continuance  in  office:  but  shall  not  receive  any  other  perquisites 
or  emoluments  whatever,  from  parties  or  others,  on  account  of  any 
duty  required  of  them. 

Sec.  3.  There  shall  be  a  State's  attorney  and  solicitors  appointed 
by  the  legislature,  and  commissioned  by  the  governor,  who  shall  nold 
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  adequate 
to  their  services  established  by  law,  which  shall  not  be  increased  or 
diminished  during  their  continuance  in  office. 

Sec.  4.  Justices  of  the  inferior  courts  shall  be  appointed  by  the 
general  assembly,  and  be  commissioned  by  the  governor,  and  shall 


Georgia— 1708  799 

hold  their  commissions  diirin^f  g-ood  behavior,  or  as  long  as  tliey 
respectively  reside  in  the  county  for  Avhich  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. 

Sec.  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  Avithin  their  district,  where  the  debt  or  litigated  demand  does 
not  exceed  thirty  dollars,  in  such  manner  as  the  legishiture  may  by 
law  direct.  They  shall  hold  their  appointments  during  good  b(;- 
havior,  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. 

Sf:c.  (').  The  powers  of  a  court  of  ordinary,  or  register  of  probates, 
shall  be  invested  in  the  inferior  courts  of  each  county,  from  Avhose 
decision  there  may  be  an  appeal  to  the  superior  court,  under  such 
restrictions  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  proceedings  therein,  in  the  clerk,  or  such  other  per- 
son as  they  may  appoint,  and  any  one  or  more  justices  of  the  said 
court,  with  such  clerk  or  other  person,  may  issue  citations  and  grant 
temporary  letters,  in  time  of  vacation,  to  hold  until  the  next  meeting 
of  the  said  court ;  and  such  clerk  or  other  person  may  grant  marriage- 
licenses. 

Sec.  7.  The  judges  of  the  superior  courts,  or  any  one  of  them,  shall 
have  power  to  issue  Avrits  of  mandamus,  prohibition,  scire  facias,  and 
all  other  Avrits  which  may  be  necessary  for  carrying  their  powers 
fully  into  effect. 

Sec.  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  |)romu]gated  in  such  maimer  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. 

Sec.  9.  Divorces  shall  not  be  granted  by  the  legislature  until  the 
parties  shall  have  had  a  fair  trial  l)efore  the  superior  court,  and  a 
verdict  shall  haA^e  been  obtained  authorizing  a  divorce  upon  legal 
principles.  And  in  such  cases  two-thirds  of  each  branch  of  the  legis- 
lature may  pass  acts  of  divorce  accordingly. 

Sec.  10.  The  clerks  of  the  superior  and  inferior  courts  shall  be 
appointed  in  such  manner  as  the  legislature  may  by  law  direct ;  shall 
be  commissioned  by  the  governor,  and  shall  continue"  in  office  during 
good  behavior. 

Sec.  11.  Sheriff's  shall  bo  a])i)ointetl  in  such  manner  as  the  general 
assembly  may  by  law  direct,  and  shall  hold  their  apj)ointments  for^ 
the  term  of  two  years,  unless  sooner  remo\ed  In'  sentence  on  ini[)each- 
ment,  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  Avithin  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. 


800  Gconjia— 17,98 

Article  IV 

Section  1.  Tho  electors  of  iviemhers  of  the  <2:eiieral  assembly  shall 
be  citizens  and  inlial)itants  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:  Pt-oruh'd,  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, 
lieing  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. 

Sec.  2.  All  elections  by  the  general  assembly  shall  be  by  joint  ballot 
of  both  branches  of  the  legislature;  and  wdien  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  cases  preside,  receive  the  ballots,  and  declare  the  person  or 
persons  elected.  In  all  elections  by  the  people  the  electors  shall  vote 
■viva  voce  until  the  legislature  shall  otherwise  direct. 

Sec.  3.  The  general  officers  of  the  militia  shall  be  elected  by  the 
general  assembly,  and  shall  be  commissioned  by  the  governor.  All 
other  officers  of  the  militia  shall  be  elected  in  such  manner  as  the 
legislature  may  direct,  and  shall  be  connnissioned  by  the  governor; 
and  all  militia  officers  now  in  commission,  and  those  which  may  be 
hereafter  connnissioned,  shall  hold  their  commissions  during  their 
usual  residence  within  the  division,  brigade,  regiment,  battalion,  or 
company  to  wdiich  they  belong,  unless  removed  by  sentence  of  a 
court-nuirtial,  or  by  the  governor,  on  the  address  of  tw^o-thirds  of 
each  branch  of  the  general  assembly. 

Sec.  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. 

Sec.  5.  Freedom  of  the  press,  and  trial  l)y  jury,  as  heretofore  used 
in  this  State,  shall  remain  inviolate ;  and  no  ejt'.  post  facto  law  shall 
be  passed. 

Sec.  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  haA'e  acounted  for  and  paid  into 
the  treasury  all  sums  for  which  he  may  be  accountable  or  liable. 

Sec.  7.  The  person  of  a  debtor,  where  there  is  not  a  strong  pre- 
sumption of  fraud,  shall  notd^e  detained  in  prison  after  delivering  up, 
l>ona  -fidc^  all  his  estate,  real  and  personal,  for  the  use  of  his  creditors, 
in  such  manner  as  shall  be  hereafter  regulated  by  law. 

Sec.  8.  Convictions  on  impeachments  which  have  heretofore  taken 
place  are  hereby  released,  and  persons  lying  under  such  convictions 
restored  to  citizenship. 

Sec.  9.  The  Avrit  of  habeas  corpus  shall  not  be  suspended,  unless 
Avhen  in  case  of  rebellion  or  invasion  the  public  safety  may  require  it. 

Sec.  10.  Xo  person  within  this  State  shall,  upon  any  pretence,  be 


Georgia— 1798  801 

deprived  of  the  inestimable  privilege  of  worshippingf  God  in  a  man- 
ner a<>reeable  to  his  own  conscience,  nor  be  c()nii)elled  to  attend  any 
place  of  worship  contrary  to  his  own  faith  and  judgment;  nor  shall 
he  ever  be  obliged  to  pay  tiths,  taxes,  or  any  other  rate,  for  the 
building  or  repairing  any  place  of  worship,  or  for  the  maintenance 
of  any  minister  or  ministry,  contrary  to  what  he  believes  to  be  light, 
or  hath  voluntarily  engaged  to  do.  No  one  religious  society  shall 
ever  be  established  in  this  State,  in  preference  to  another;  nor  shall 
any  person  be  denied  the  enjoyment  of  any  civil  right  merel}^  on 
account  of  his  religious  principles. 

Sec.  11.  There  shall  be  no  future  importation  of  slaves  into  this 
State,  from  Africa  or  an}^  foreign  2:)lace,  after  the  first  day  of  October 
next.  The  legislature  shall  have  no  power  to  pass  laws  for  the 
emancipation  of  slaves  without  the  consent  of  each  of  their  respective 
owners,  previous  to  such  emancipation.  They  shall  have  no  powder 
to  prevent  emigrants  from  either  of  the  United  States  to  this  State 
from  bringing  with  them  such  persons  as  may  be  deemed  slaves  by 
the  laws  of  any  one  of  the  United  States. 

Sec.  12.  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  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. 

Sec.  13.  The  arts  and  sciences  shall  be  promoted,  in  one  or  more 
seminaries  of  learning;  and  the  legislature  shall,  as  soon  as  con- 
veniently may  be,  give  such  further  donations  and  privileges  to  those 
already  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  institutions. 

Sec.  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 
conformit}^  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  constitution 
into  full  effect. 

Sec.  15.  No  part  of  this  constitution  shall  l)e  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  Avhen  any 
such  bill  shall  be  passed  in  manner  aforesaid,  the  same  shall  be  pub- 
lished at  least  six  months  previous  to  .the  next  ensuing  annual  elec- 
tion for  members  of  the  general  assembly;  and  if  such  alterations,  or 
any  of  them,  so  proposed,  shall  be  agreed  to  in  their  first  session 
thereafter,  by  two-thirds  of  each  branch  of  the  general  assembly, 
after  the  same  shall  have  been  read  three  times,  on  three  separate 
days,  in  each  respective  house,  then,  and  not  othei'wise,  the  same  shall 
become  a  part  of  this  constitution. 


802  Georgia— 1808— 1S12 

We,  the  iindonvritten  delegates  of  the  people  of  the  State  of 
Georgia,  chosen  and  anthorized  by  them  to  I'evise,  alter,  or  amend 
the  ])o\vers  and  i)rinciples  of  their  government,  do  declaiv.  ordain, 
and  ratify  the  several  articles  and  sections  contained  in  the  six  pages 
hereunto  ])refixed,  as  the  constitution  of  this  State;  and  the  same 
shall  be  in  operation  from  the  date  hereof. 

In  testimony  whereof  we,  and  each  of  us,  respectively,  have  here- 
unto set  our  hands,  at  Louisville,  the  seat  of  government,  this  thir- 
tieth da}'  of  May,  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  ninety-eight,  and  in  the  twenty-second  year  of  the  Independence 
of  the  United  States  of  America ;  and  have  caused  the  great  seal  of 
the  State  to  be  affixed  thereto. 

Article  4,  section  11,  and  the  first  line,  the  following  words  being 
interlined,  to  wit,  "  after  the  first  day  of  October  next." 

Jared  Irwin,  Premlerd. 

James  M.  Simmons,  Secretary. 

AMENDMENTS  TO  THE  CONSTITUTION  OF  1 798.^1 

(Ratified  December  IC.  ISOS) 

Art.  III.  Sec.  10.  So  altered  and  amended  as  to  read:  That  the 
clerks  of  the  superior  and  inferior  courts  shall  be  elected  on  the  same 
day  as  pointed  out  by  law  for  the  election  of  other  county  officers. 

(Ratified  1812  6) 

Art.  III.  Sec.  4.  /So  altered  and  amerded^  a.9  to  read:  The  justices 
of  the  inferior  courts  shall  be  elected  on  the  third  Tuesday  in  October, 
eighteen  hundred  and  thirteen,  and  on  the  third  Tuesdaj'  in  October 
in  every  fourth  year  thereafter,  by  the  electors  entitled  to  vote  for 
members  of  the  general  assembly,  which  election  shall  be  held  and 
conducted  in  the  same  manner  as  pointed  out  by  law  for  the  elections 
of  clerks  and  sheriff's ;  and  the  jDersons  so  elected  shall  be  commis- 
sioned by  the  governor,  and  continue  in  office  for  the  term  of  four 
years,  unless  removed  by  impeachment  for  malpractice  in  office,  or 
by  the  governor,  on  the  address  of  tAvo-thirds  of  both  branches  of  the 
general  assembly.  They  may  be  compensated  for  their  services  in 
such  manner  as  the  legislature  may  by  law  direct ;  and  there  shall  be 
five  justices  for  each  county,  who  shall  hold  their  offices  until  their 
successors  are  elected  and  quaMfied ;  and  when  any  vacancy  shall 
happen  by  death,  resignation,  or  otherwise,  of  any  justice  of  the  infe- 
rior court,  it  shall  be  the  duty  of  two  or  more  justices  of  the  inferior 
court,  or  justices  of  the  peace,  to  give  at  least  twenty  days'  notice  by 
advertisement,  at  three  of  the  most  public  places  in  the  county,  pre- 
vious to  the  election,  to  fill  such  vacancy;  which  election  shall  be  held 
in  the  same  manner  as  is  hj  this  section  before  expressed. 

Art.  III.  Sec.  5.  So  cdtered  and  amended  as  to  read :  There  shall 
be  two  justices  of  the  peace  in  each  captain's  district,  in  the  several 
counties  of  this  State,  either  or  both  of  whom  shall  have  power  to  try 

o  These  amendments  were  successively  passed  by  the  legishiture.  and  adopted 
by  the  legislature  of  the  following  year,  as  prescribed  by  the  constitution,  with- 
out ratification  b.v  the  peoi»le. 

t'  Changed  by  the  amendment  of  1819. 


Georgia— 1818  803 

all  cases  of  a  civil  nature  within  their  district,  where  the  debt  or 
liquidated  demand  does  not  exceed  thirty  dollars,  in  such  manner  as 
the  legislature  may  by  law  direct ;  they  shall  be  elected  on  the  first 
Saturday  in  January,  eighteen  hundred  and  thirteen,  and  on  the  first 
Saturday  in  January  in  every  fourth  year  thereafter,  by  the  citizens  of 
the  district  to  which  they  respectively  belong,  entitled  to  vote  for  mem- 
bers of  the  general  assembly;  which  election  shall  be  superintended 
by  three  freeholders  of  the  district,  whose  duty  it  shall  be  to  take  the 
following  oath,  to  be  administered  by  the  captain  or  commanding 
officer  of  said  district. to  wit:  "  I,  A  B,  do  solemnly  swear  that  I  will, 
to  the  best  of  my  abilities,  superintend  the  election  of  justices  of  the 
peace  for  this  district ;  so  help  me  God ;  '"  and  they  shall  transmit  a 
return  of  said  election,  within  twenty  days,  to  his  excellency  the  gov- 
ernor, Avho  is  hereby  authorized  to  commission  the  persons  so  elected 
accordingl}^ ;  and  they  shall  hold  their  appointments  during  the  term 
of  four  years,  and  until  their  successors  are  elected  and  qualified, 
unless  they  shall  be  removed  by  conviction  on  indictment  in  the  supe- 
rior 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.  And  when  any  vacancy  shall  happen  b}'  death, 
resignation,  or  otherwise,  of  any  justice  of  the  peace,  between  the 
time  of  such  election  and  the  expiration  of-  the  time  for  Avhich  such 
justice  or  justices  were  elected,  it  shall  be  the  duty  of  two  of  the 
justices  of  the  jDeace,  in  any  of  the  adjoining  districts,  where  such 
vacancy  or  vacancies  may  happen,  to  advertise  in  three  of  the  most 
public  places  in  the  district,  where  such  vacancy  or  vacancies  may 
happen,  the  time  of  holding  an  election  for  the  purpose  of  filling 
such  vacancy  or  vacancies,  and  give  at  least  fifteen  days'  notice  of  the 
time  and  place  where  such  election  shall  be  held,  which  shall  be  in  the 
district  where  such  vacancy  or  vacancies  shall  have  happened;  and  it 
shall  be  the  duty  of  the  said  justices  to  superintend  such  election,  and 
certify  the  same,  under  their  hands,  to  his  excellency  the  governor, 
who  shall,  within  ten  days  after  receiving  the  same,  commission  the 
person  having  the  highest  number  of  votes,  provided  the  same  is  not 
contested. 

(Ratifie<l  December  IT).  1818) 

Art.  II.  Sec.  4.  So  amended  and  altered  as  to  read:  In  case  of  the 
death,  resignation,  or  disabilit}-  of  the  governor,  the  president  of  the 
senate,  or  the  last  acting  president  of  the  senate,  shall  exercise  the 
executive  powers  of  the  government  until  such  disability  be  removed, 
in  the  election  and  qualification  of  a  governor  by  the  general  assem- 
bly; and  in  case  of  the  death,  resignation,  or  disability  of  the  presi- 
dent of  the  senate,  or  of  the  last  acting  president  of  the  senate,  the 
speaker  of  the  house  of  representatives,  or  the  acting  speaker  of  the 
house  of  representatives,  shall  exercise  the  executive  powers  of  the 
government,  until  such  disability  be  removed  in  the  election  and 
qualification  of  a  governor  1)y  the  general  assembly. 

(Ratified  Deeeml>er  18.  1818") 

Art.  III.  Section  1.  So  altered  and  amended  as  to  read :  The  judicial 
powers  of  this  State  shall  be  vested  in  a  superior,  inferior,  and  jus- 

''  Changed  by  the  amendment  of  18.35. 


804  Georgia— 1819 

tices'  courts,  and  such  otlior  courts  as  the  I'^-^islatiiro  shall  from  time 
to  time  ordain  and  estal)lish.  The  jii(li»;es  of  the  superior  coiii-ts  shall 
be  elected  for  the  term  of  three  years,  and  shall  continue  in  office  until 
their  successors  shall  be  elected  and  qualified ;  removable  l)y  the  gov- 
ernor, on  the  address  of  two-thirds  of  both  branches  of  the  general 
assembly  for  that  purpose,  or  by  impeachment  and  conviction  thereon. 
The  superior  courts  shall  have  exclusive  and  final  jurisdiction  in  all 
criminal  cases,  (except  as  relates  to  people  of  color,  and  fines  for 
neglect  of  duty,  and  for  contempt  of  court,  for  violations  against 
road-laws,  and  for  obstructing  water-courses,  which  shall  be  vested 
in  such  judicature  or  tribunal  as  shall  be  or  may  have  been  pointed 
out  by  law ;  and  except  in  all  other  minor  offences,  committed  by  free 
white  persons,  and  which  do  not  subject  the  off^'ender  or  offenders  to 
loss  of  life,  limb,  or  member,  or  to  confinement  in  the  penitentiary ;  in 
all  such  cases  corporation  courts,  such  as  now  exist,  or  may  hereafter 
be  constituted,  in  any  incorporated  city,  being  a  sea-port  town  and 
port  of  entry,  may  be  vested  with  jurisdiction,  under  such  rules  and 
regulations  as  the  legislature  may  hereafter  by  law  direct;)  which 
shall  be  tried  in  the  county  where  the  crime  was  committed ;  and  in 
all  cases  respecting  titles  to  lands,  wdiich  shall  be  tried  in  the  county 
wdiere  the  land  lies;  and  also  concurrent  jurisdiction  in  all  other  civil 
cases;  and  shall  have  power  to  correct  errors  in  inferior  judicatories 
by  writ  of  cei'tiorari^  as  'well  as  errors  in  the  superior  courts,  and  order 
new  trials  on  proper  and  legal  grounds:  Provided^  That  such  new 
trials  shall  be  determined,  and  such  errors  corrected,  in  the  superior 
court  of  the  county  in  which  such  action  originated;  and  the  said 
court  shall  have  appellate  jurisdiction  in  such  other  cases  as  are  or 
may  be  pointed  out  by  law,  which  shall  in  no  case  tend  to  move  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 
errors,  shall  enter  their  opinion  on  the  minutes  of  the  court.  The 
inferior  courts  shall  also  have  concurrent  jurisdiction  in  all  civil 
cases,  (except  in  cases  respecting  the  titles  to  lands.)  which  shall  be 
tried  in  the  county  where  the  defendant  resides;  and  in  case  of  joint 
obligors  and  joint  promissors,  residing  in  different  counties,  the 
same  may  be  brought  in  either  county,  and  a  copy  of  the  petition  and 
process  served  on  the  party  residing  out  of  the  county  in  Avhich  the 
suit  may  be  commenced,  shall  be  deemed  sufficient  service,  under  such 
rules  and  regulations  as  the  legislature  have  or  may  direct.  The 
superior  and  inferior  courts  shall  sit  in  each  county  twice  in  every 
year,  at  such  stated  times  as  have  or  may  be  appointed  by  the 
legislature. 

( Itiitified  November  2.?,,  1810  ") 

Art.  III.  Sec.  4.  ^So  altered  artd  amended  ai^  to  read :  The  justices 
of  the  inferior  court  shall  be  elected  by  the  persons  entitled  to  vote 
for  members  of  the  legislature,  in  such  manner  as  the  legislature  may 
by  law  direct. 

Art.  III.  Sec.  5.  So  altered  and  amended  as  to  read :  The  justices 
of  the  peace  throughout  this  State  shall  be  elected  by  the  persons 

a  This  amendment  was  adopted  in  the  place  of  a  previous  amendment  of  the 
same  sections,  in  1812. 


Georgia— 1824— 1835  805 

residing  in  their  respective  districts,  entitled  to  vote  for  members  of 
the  general  assembly,  under  such  rules  and  regulations  as  the  legisla- 
ture ma}^  by  law  direct. 

(Ratified  Noveuibor  17,  1824) 

Art.  II.  Sec.  2.  So  altered  and  ametuled,  as  to  read:  The  governor 
shall  be  elected  by  the  persons  qualified  to  vote  for  members  of  the 
general  assembly,  on  the  first  Monday  in  October,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  twenty-five;  and  on  the  first 
Monday  in  October  in  every  second  year  thereafter,  until  such  time 
be  altered  by  law;  which  election  shall  be  held  at  the  place  of  holding 
general  elections,  in  the  several  counties  of  this  State,  in  the  same 
manner  as  is  prescribed  for  the  election  of  members  of  the  general 
assembly.  The  returns  for  every  election  of  governor  shall  be  sealed 
up  by  the  presiding  justices,  separately  from  other  returns,  and 
directed  to  the  president  of  the  senate  and  the  speaker  of  the  house 
of  re]H*esentatives,  and  transmitted  to  his  excellency  the  governor, 
or  the  j)erson  exercising  the  duties  of  governor  for  the  time  being, 
who  shall,  without  opening  the  said  returns,  cause  the  same  to  be 
laid  before  the  senate,  on  the  day  after  the  two  houses  shall  have  been 
organized,  and  they  shall  be  transmitted  by  the  senate  to  the  house 
of  representatives.  The  members  of  each  branch  of  the  general 
assembly  shall  convene  in  the  representative  chamber,  and  the  presi- 
dent of  the  senate,  and  the  speaker  of  the  house  of  representatives, 
shall  open  and  publish  the  returns  in  presence  of  the  general  assem- 
bly; and  the  person  having  the  majority  of  the  whole  numl)er  of 
votes  given  in  shall  be  declared  duly  elected  governor  of  this  State. 
But  if  no  person  have  such  majority,  then  from  the  persons  having 
the  two  highest  number  of  votes  who  shall  be  in  life,  and  shall  not 
decline  an  election  at  the  time  appointed  for  the  legislature  to  elect, 
the  general  assembly  shall  elect  immediately  a  governor  by  joint 
ballot ;  and  in  all  cases  of  election  of  a  governor  by  the  general 
assembly,  a  majority  of  the  votes  of  the  members  present  shall  be 
necessary  for  a  choice.  (\)ntested  elections  shall  te  determined  by 
both  houses  of  the  general  assembly,  in  such  manner  as  shall  be  pre- 
scribed by  law. 

(Ratified   1833) 

Art.  III.  Sfx'.  0.  So  altered  and  amended  as  to  read :  Divorces 
shall  be  final  and  conclusive  Avhen  the  parties  shall  have  obtained  the 
concurrent  verdicts  of  two  special  juries,  authoi'izing  a  divorce  upon 
legal  i)rincij)les. 

(Ratified  1  )eceinl)er.   IS?,.'')) 

Article  I.  Sec.  4.  So  altered  and  amended  as  to  read :  No  person 
shall  be  a  senator  who  shall  not  have  attained  to  the  age  of  twenty-live 
years,  and  have  been  nine  years  a  citizen  of  the  United  States,  and 
three  years  an  inhabitant  of  this  State,  and  shall  have  usually  resided 
within  the  county  for  which  he  shall  be  returned  at  least  one  year 
immediately  preceding  his  election,  except  persons  who  mav  have 
been  absent  on  lawful  business  of  this  State  or  of  the  United  States. 


80G  Georgia— 1885 

Article  I.  Sec.  8.  So  altered  and  amended  as  to  read:  No  person 
shall  bo  a  representative  who  shall  not  have  attained  to  the  age  of 
twenty-one  years,  and  have  been  a  citizen  of  the  United  States  seven 
years,  and  three  years  an  inhabitant  of  this  State,  and  have  nsually 
resided  in  the  county  in  Avhich  he  shall  be  chosen  one  yeai'  innnedi- 
ately  preceding  his  election,  unless  he  shall  have  been  on  the  public 
business  of  this  State  or  of  the  United  States. 

(Ratified   183.5") 

Art.  ITT.  Section  1.  So  altered  and  amended,  as  to  read;  The 
judicial  powers  of  this  State  shall  be  vested  in  a  supreme  court  for 
the  correction  of  errors;  a  superior,  inferior,  and  justices'  courts,  and 
in  such  other  courts  as  the  legislature  shall,  from  time  to  time,  ordain 
and  establish.  The  supreme  court  shall  consist  of  three  judges,  who 
shall  be  elected  b}^  the  legislature  for  such  term  of  years  as  shall  be 
prescril)ed  by  law,  and  shall  continue  in  office  until  their  successors 
shall  be  elected  and  qualified,  removable  by  the  governor  on  the 
address  of  two-thirds  of  both  branches  of  the  general  assembly  for 
that  purpose,  or  by  impeachment  and  conviction  thereon.  The  said 
court  shall  have  no  original  jurisdiction,  but  shall  be  a  court  alone 
for  the  trial  and  correction  of  errors  in  law  and  equity  from  the 
superior  courts  of  the  several  circuits,  and  shall  sit  at  least  once  a 
year,  at  a  time  to  be  prescribed  by  law,  in  each  of  five  judicial  dis- 
tricts, to  be  hereafter  laid  off  and  designated  by  the  legislature  for 
that  purpose,  at  the  most  central  point  in  such  judicial  district,  or 
at  such  other  point  in  each  district  as  shall  by  the  general  assembly 
be  ordained,  for  the  trial  and  determination  of  writs  of  error  from 
the  several  superior  courts  included  in  such  judicial  districts.  And 
the  said  court  shall  at  each  session  in  each  district  dispose  of  and 
finally  determine  each  and  every  case  on  the  docket  of  such  court  at 
the  first  term  after  such  writ  of  error  brought;  and  in  case  the 
plaintiff  in  error  in  any  such  case  shall  not  be  prepared,  at  such  first 
term  of  such  court,  after  error  brought  to  prosecute  the  same,  unless 
precluded  by  some  providential  cause  from  such  prosecution,  it  shall 
be  stricken  from  the  docket,  and  the  judgment  below  shall  stand 
affirmed.  The  judges  of  the  superior  court  shall  be  elected  for  the 
term  of  four  years,  and  shall  continue  in  office  until  their  successors 
shall  be  elected'  and  qualified,  removably  by  the  governor  on  the 
address  of  two-thirds  of  both  branches  of  the  general  assembly  for 
that  purpose,  or  by  impeachment  and  conviction  theron.  The 
superior  court  shall  have  exclusive  jurisdiction  in  all  criminal  cases, 
(except  as  relates  to  people  of  color,  and  fines  for  neglect  of  duty  and 
for  contempt  of  court;  for  violations  against  road-laws,  and  for 
olistructing  water-courses,  which  shall  be  vested  in  such  judicature  or 
tribunal  as  shall  be  or  ma}^  have  been  pointed  out  by  law ;  and  except 
in  all  other  minor  offences  committed  by  free  white  persons,  and 
which  do  not  subject  the  offender  or  offenders  to  loss  of  life,  limb,  or 
member,  or  to  confinement  in  the  penitentiary;  in  all  such  cases 
corporation  courts,  such  as  now  exist,  or  may  hereafter  be  con- 
stituted, in  any  incorporated  city,  being  a  sea-port  town  and  a  port  of 

«This  amendment  was  adopted  in  the  place  of  a  previous  amendment  of  the 
same  sectioh  in  1818. 


Georgia— 1840  807 

entry,  may  be  A'ested  with  jurisdiction,  under  such  rules  and  regula- 
tions as  tiie  legislature  may  hereafter  by  law  direct.)  which  shall  be 
tried  in  the  county  Avhere  the  crime  was  connnitted ;  and  in  all  cases 
respecting  titles  to  land,  which  shall  be  tried  in  the- county  where  the 
land  lies;  and  also  concurrent  jurisdiction  in  all  other  ciyil  cases,  and 
shall  haye  power  to  correct  errors  in  inferior  judicatories,  by  Avrit  of 
certiorari^  and  to  grant  new  trials  in  said  superior  courts  on  proper 
and  legal  grounds;  and  in  all  cases  where  a  new  trial  shall  be  so 
allowed,  the  judge  alloAying  the  same  shall  enter  on  the  minutes  of 
said  court  his  reasons  for  the  same;  and  the  said  superior  courts 
shall  haye  appellate  jurisdiction  in  such  other  cases  as  may  be  pointed 
out  by  law,  in  cases  arising  in  inferior  judicatories,  which  shall  in  no 
case  tend  to  remoye  the  cause  from  the  county  in  which  the  action 
originated. 

(Ratified  1840") 

Article  I.  "Whereas  a  part  of  the  third  section  of  the  first  article 
of  the  constitution  is  in  the  folloAving  words,  yiz:  "  The  senate  shall 
be  elected  annually;  "  and  a  part  of  the  seyenth  section  of  the  first 
article  is  in  the  following  words: ''  The  representatiyes  shall  be  chosen 
annually;  "  and  a  part  of  the  twelfth  section  of  the  first  article  is  in 
tlie  following  words:  '*  The  meeting  of  the  general  assembly  shall  be 
anmially;'''  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 
goyernor,  who  shall  hold  their  offices  for  the  term  of  three  years;  " 
and  a  part  of  the  fifteenth  section  of  the  fourth  article  is  in  the 
following  words:  "The  same  shall  be  published  at  least  six  months 
])reyious  to  the  next  ensuing  annual  electi(m  for  members  of  the 
general  assemV)ly;"  and  whereas  the  before-recited  clauses  require 
amendments: 

Section  1.  Be  it  enacted  by  the  senate  and  house  of  representaiives 
of  the  State  of  Georgia^  in  general  assemhly  met^  and  it  is  herehy 
enacted  hy  the  authority  of  the  same^  That  so  soon  as  this  act  shall 
haye  passed,  agreeably  to  the  requisitions  of  the  constitution,  the  fol- 
lowing shall  be  adopted  in  lieu  of  the  foregoing  clauses:  In  the  third 
section  of  the  first  article,  the  following,  to  wit:  "The  senate  shall 
1)0  elected  biennially,  after  the  passage  of  this  act,  the  first  election 
to  take  ]:)lace  on  the  first  Monday  in  1848."  In  lieu  of  the  seyenth 
section  of  the  first  article,  the  following:  ''The  representatiyes  shall 
l)e  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 
ai'ticle.  the  following:  "  The  meeting  of  the  general  assembly  shall  be 
biennially,  after  the  passage  of  this  act,  on  the  first  Monday  in 
XoyemlxM-;  "  and  in  lieu  of  the  clause  in  the  third  section  of  the  third 
article,  the  following,  to  wit:  ''There  shall  be  a  State  attorney  and 
solicitor  elected  by  the  legislature,  who  shall  hold  their  offices  for  the 
term  of  foiu'  years;  ''  and  in  lieu  of  the  clause  in  the  fifteenth  section 
of  the  fourth  article,  the  following:  "The  same  shall  be  published 
at  least  six  months  previous  to  the  next  ensuing  biennial  election  for 

«  See  "  .Tonrnal  of  the  ronvontion  to  Rodnce  and  Entinlizo  tho  Roi)resentation 
of  the  Genoral  Assonihly  of  the  State  of  (Jeorsia.  Asseiuliled  in  Milledireville. 
on  tlie  (ith  T^ay  of  Afay.  Eii.'hteeii  hniidi-ed  and  tliirty-niiie."  I'nhlislied  hy 
Authority,  >rilledtcevilh' :"  1'.  I-.  R(.hiiisoii.  State  IMMnter.  1S:'.9.     pp.  74. 


808  Georgia— 1841— 184.S 

nienibers  of  tiio  general  assembly:  "  tlie  ]")rovisions  of  this  act  not  to 
go  into  effect  until  the  year  eighteen  hun(lre<l  and  forty-three 

(  Kniilicd    1S4I  ) 

Art.  III.  Sec.  3,  So  altered  and  amended  as  to  read:  There  shall 
be  a  State's  attorney  and  solicitors  ai)i)()inted  l)y  the  legislature,  and 
commissioned  by  the  governor,  who  shall  hold  their  offices  for  the 
term  of  four  years,  or  until  their  successors  shall  be  elected  and 
qualified,  unless  removed  by  sentence  on  impeachment,  or  by  the  gov- 
ernor, on  the  address  of  two-thirds  of  each  branch  of  the  general 
assembly.  They  shall  have  salaries  adequate  to  their  services,  estab- 
lished by  law,  which  shall  not  be  increased  or  diminished  during  their 
continuance  in  office. 

Art.  IV.  Sec.  15.  Amended  hi/  sfril-'nuj  out  tJic  irord  ''  annual." 

(Ratified  1.S4:]) 

Article  I.  Sec.  ?>.  So  altered  and  amended  as  to  read:  The  senate 
shall  be  elected  biennially  on  the  first  Monday  in  October,  and  shall 
consist  of  forty-seven  members,  and  shall  be  composed  of  one  member 
from  each  senatorial  district,  which  district  shall  be  composed  of  two 
contiguous  counties,  not  including  the  county  with  the  largest  repre- 
sentative population,  which  shall  constitute  a  separate  district ;  which 
districts  shall  be  arranged  and  organized  by  the  general  assembly, 
at  the  session  when  this  shall  be  adopted,  and  if  any  new  county  shall 
be  hereafter  formed,  it  shall  be  annexed  to  one  of  the  districts  from 
which  it  was  taken. 

Article  I.  Sec.  7.  So  altered  and  amended  as  to  read :  The  house 
of  representatives  shall  be  composed  of  one  hundred  and  thirty  mem- 
bers; each  county  shall  have  one  representative,  and  no  county  shall 
have  more  than  two  representatives;  thirty-seven  counties  having  the 
greatest  population,  counting  all  free  white  persons,  and  three-fifths 
of  the  people  of  color,  shall  have  two  representatives;  the  said 
apportionment  shall  be  made  by  the  general  assembly,  at  the  session 
at  which  this  section  shall  be  adopted  as  an  alteration  of  the  constitu- 
tion, by  an  act  to  be  introduced  after  the  adoption  thereof,  and  a  new 
apportionment  shall  be  made  at  the  session  next  after  each  future 
enumeration  of  the  inhabitants  of  this  State,  made  under  the  constitu- 
tion and  laws  thereof,  but  at  no  other  time. 

Art.  III.  Section  1.  Added  to  the  coneludhui  portion  of  the  see- 
tion^  so  that  it  reads:  And  in  case  of  a  maker  and  indorser  or  indors- 
ers  of  promissory  notes  residing  in  different  counties  in  this  State,  the 
same  may  be  sued  in  the  county  where  the  maker  resides,  and  a  copy 
of  the  petition  and  process  served  on  the  indorser  or  indorsers  resid- 
ing out  of  the  county  in  which  the  suit  may  be  commenced  shall  be 
deemed  sufficient  service,  under  the  same  rules  and  regulations  as  the 
legislature  have  or  may  direct  in  the  case  of  joint  obligors  and  joint 
promisors.  The  superior  and  inferior  courts  shall  sit  in  each  county 
twice  in  every  year,  at  such  stated  times  as  have  or  may  be  appointed 
])y  the  legislature. 

Art.  IV.  Sec.  3.  So  altered  and  amended  as  to  read :  It  shall  and 
may  be  lawful  for  all  major-generals  and  brigadier-generals  to  be 


Georgia— 1865  809 

elected  by  the  people  of  the  respective  (livipioiis  and  l^rigades;  and  all 
persons  subject  to  military  duty  shall  be  entitled  to  vote  for  the  same 
only,  and  shall  be  commissioned  by  the  governor.  All  other  officers 
of  the  militia  shall  be  elected  in  such  manner  as  the  legislature  may 
direct,  and  shall  be  commissioned  by  the  governor;  and  all  militia 
officers  now  in  connnission,  and  those  which  may  be  hereafter  connnis- 
sioned,  shall  hold  their  commissions  during  their  usual  residence 
Avithin  the  division,  brigade,  regiment,  battalion,  or  company  to  which 
they  belong,  unless  removed  by  sentence  of  a  court-martial,  or  by  the 
governoi-  on  the  address  of  two-thirds  of  each  branch  of  the  general 
assembly. 

(Ratified  1847) 

.Vkt.  II.  Sec.  3.  So  altered  and  amended  as  to  read:  Xo  ])erson 
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  years,  and  who  hath  not  attained  to  the  age  of  thirty  years.- 

( Ratified  1849  a) 

Art.  III.  Sec.  9.  So  altered  and  amended  as  to  read:  Divorces 
shall  be  final  and  conclusive  when  the  parties  shall  have  obtained  the 
concurrent  verdicts  of  tAvo  special  juries,  authorizing  a  divorce  upon 
fcuch  legal  principles  as  the  general  assembly  ma}'  by  law  prescribe. 


CONSTITUTION  OF  GEORGIA— 1861 

[A  State  convention,  called  by  an  act  of  the  legislature,  passed  an 
ordinance  of  secession  January  19.  1861,  and  on  jNIarch  23,  1S61,  com- 
])leted  a  revision  of  the  State  constitution,  Avhich  Avas  ratified  by  the 
people  on  the  first  Tuesday  of  the  folloAving  July.] 


CONSTITUTION  OF  GEORGIA— 1865  ='=  " 

i'i;i:A.Mi5hE 

AVe.  the  ])eople  of  the  State  of  (leorgia,  in  order  to  form  a  perma- 
nent government,  establish  justice,  insure  domestic  tran(|uillity.  and 
secure  the  blessing  of  liberty  to  ourseh'es  and  our  ]:)Osterity,  acknowl- 
edging and  invoking  the  guidance  of  Almighty  God,  the  autlun-  of 

*  See  "  .Journal  of  the  Proceedings  of  the  ConA'ention  of  the  People  of  (leoruia. 
Held  in  Millodirevillc  in  Octoltcr  and  Xoveinher.  1805.  Together  with  tlio  Ordi- 
nances and  Rcsolntions  adopted.  I'uitlislied  by  Order  of  the  Convention,  Miiledge- 
A-ille.  (Ja.  :    R.  :\I.  Ornie  *fc  Son,  Printers  for  the  Convention.  18(;r)."     pp.  207-226. 

"See  .Tonrnal  of  tlie  State  Convention,  Held  in  .Milledgeville.  in  Decenihei', 
1850.     Milledtreville:   R.  M.  Ornie.  State  Printer.  18."0.     ]>.  :!4. 

6  A  convention,  called  by  Provisional  (Jovernor  James  .Tohnson,  met  October 
25,  18(;5,  repealed  the  ordinance  of  .s(>cession  October  .".O,  and  submitted  this 
constitution  to  the  people  November  7.  1805.  It  was  ratified,  receiving  17.009 
votes. 


81U  Georgia- 1865 

all  gi)0(l  govcrniiioiit.  tlo  (trdiiin  and  c^lahlish  this  constilutiun  for  tlic 
State  of  Georgia : 

Akticm:  I 

DKCI.AItATIOX  or  liKillTS 

()n(\   l*roto('tion  to  person  and  propert^y  is  the  duty  of  o-ovei-nnient. 

Tavo.  No  ])erson  shall  be  deprived  of  life,  liberty,  or  property, 
except  by  due  process  of  law. 

Three.  The  writ  of  hahea-s  corpus,  shall  not  be  suspended  unless,  in 
case  of  rebellion  or  invasion,  the  public  safety  may  re<{uire  it. 

Four.  A  well-reoulated  militia,  beig  necessary  to  the  security  of  a 
free  State,  the  right  of  the  people  to  keep  and  bear  arms  shall  not  be 
infringed. 

Five.  Perfect  freedom  of  religious  sentiment  be,  and  the  same  is 
hereby,  secured,  and  no  inhal)itant  of  this  State  shall  ever  be  molested 
in  person  or  property,  nor  prohibited  from  holding  any  public  office 
or  trust,  on  account  of  his  religious  opinions. 

Six.  Freedom  of  speech,  and  freedom  of  the  press,  are  inherent 
elements  of  political  liberty.  But  while  every  citizen  maj^  freely 
speak  or  write  or  print  on  any  subject,  he  shall  be  responsible  for  the 
abuse  of  the  liberty. 

Seven.  The  right  of  the  people  to  appeal  to  the  courts,  to  petition 
government  on  all  matters  of  legitimate  cognizance,  and  peaceably  to 
assemble  for  the  consideration  of  any  matter  of  public  concern,  shall 
never  be  impaired. 

Eight.  P^very  person  charged  with  an  oft'ence  against  the  laws  of 
the  State  shall  have  the  privilege  and  benefit  of  counsel,  shall  be  fur- 
nished on  demand  with  a  copy  of  the  accusation,  and  list  of  the  wit- 
nesses on  whose  testimony  the  charge  against  him  is  founded;  shall 
have  compulsory  process  to  obtain  the  attendance  of  his  oAvn  wit- 
nesses; shall  be  confronted  with  the  witnesses  testifying  against  him, 
and  shall  have  a  public  and  speedy  trial  by  an  impartial  jury,  as 
heretofore  practised  in  Georgia. 

Nine.  No  person  shall  be  put  in  jeopardy  of  life  or  liberty  more 
than  once  for  the  same  offence,  save  on  his  or  her  own  motion  for  a 
new  trial  after  conviction,  or  in  case  of  mistrial. 

Ten.  No  conviction  shall  work  corruption  of  blood  or  general  for- 
feiture of  estate. 

Eleven.  Excessive  bail  shall  not  l)e  required,  nor  excessive  fines 
imposed,  nor  cruel  and  miusual  punishments  inflicted. 

Twelve.  The  powers  of  the  courts  to  punish  for  contempt  shall  be 
limited  by  legislative  acts. 

Thirteen.  Legislative  acts  in  violation  of  the  constitution  are  void, 
and  the  judiciary  shall  so  declare  them. 

Fourteen.  Ex  post  facto  laws,  laws  impairing  the  obligation  of 
contracts,  and  retroactive  laws  injuriously  affecting  any  right  of  the 
citizen,  are  prohibited. 

Fifteen.  Laws  should  have  a  general  operation,  and  no  general  law 
affecting  private  rights  shall  be  varied  in  any  particular  case  by 
special  legislation,  except  with  the  free  consent,  in  Avriting.  of  all 
persons  to  be  affected  thereby:  and  no  person  being  under  a  legal 
disability  to  contract  is  capable  of  such  free  consent. 


Georgia— 1865  811 

Sixteen.  The  poAver  of  taxation  over  the  Avhole  State  shall  be  exer- 
cised b}^  the  general  assembly  only  to  raise  revenue  for  the  support 
of  government,  to  pay  the  public  debt,  to  provide  for  the  common 
defence,  and  for  such  other  purposes  as  the  general  assembly  may  be 
specially  required  or  empowered  to  accomplish  by  this  constitution. 
But  the  general  assembly  may,  by  statute,  grant  the  power  of  taxation 
for  designated  purposes,  with  such  limitations  as  they  may  deem 
expedient,  to  county  authorities  and  nuuiicipal  corporations,  to  be 
exercised  within  their  several  territorial  limits. 

Seventeen.  In  cases  of  necessity,  private  ways  may  be  granted 
upon  just  compensation  being  first  paid;  and  Avith  this  exception 
private  property  shall  not  be  taken,  save  for  public  use,  and  then  only 
on  just  compensation,  to  be  first  provided  and  paid,  unless  there  be  a 
pressing,  unforeseen  necessit}^;  in  Avhich  event  the  general  assembly 
shall  make  early  provision  for  such  compensation. 

Eighteen.  The  right  of  the  people  to  be  secure  in  tlieir  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches  and  sei- 
zures, shall  not  be  violated :  and  no  warrant  shall  issue  but  upon 
probal)le  cause,  supported  by  oath  or  affirmation,  and  particularly 
describing  the  place  or  places  to  be  searched,  and  the  persons  and 
things  to  be  seized. 

Nineteen.  The  person  of  a  debtor  shall  not  be  detained  in  prison, 
after  delivery,  for  the  benefit  of  his  creditors,  of  all  his  estate  not 
expressly  exempted  by  law  from  levy  and  sale. 

TAventy.  The  (Tovernment  of  the  United  States  having,  as  a  Avar- 
measure,  proclaimed  all  slaves  held  or  OAvned  in  this  State  emanci- 
pated from  slavery,  and  having  carried  that  prochunation  into  full 
practical  effect,  there  shall  henceforth  be,  Avithin  the  State  of  Georgia, 
neither  slavery  or  iuA^oluntary  servitude,  save  as  a  punishment  for 
crime,  after  legal  conviction  thereof:  Provided^  This  acquiescence  in 
the  action  of  the  GoA^ernment  of  the  United  States  is  not  intended  to 
operate  as  a  relinquishment,  waiA^er,  or  estoppel  of  such  claim  for 
compensation  of  loss  sustained  by  reason  of  the  emancipation  of  his 
slaves  as  any  citizen  of  Georgia  may  hereafter  make  upon  the  justice 
and  nuignanimity  of  that  (Trovernment. 

TAventy-one.  The  enumeration  of  rights  herein  contained  is  a  i)art 
of  this  constitution,  but  shall  not  be  construed  to  deny  to  the  people 
any  inherent  rights  Avhich  they  have  hitherto  enjoyed. 

AltTICI.K    II 

Section  1.  One.  The  legislatiA'e,  executive,  and  judicial  dei)arl- 
ments  shall  be  distinct;  and  each  department  shall  be  conlided  to  a 
separate  body  of  magistracy.  No  person,  or  collection  of  i)ersons. 
being  of  one  department,  shall  exercise  any  poAver  i)ro})erly  attached 
to  either  of  the  others,  except  in  cases  herein  expressly  provided. 

Tavo.  The  legislative  poAver  shall  be  A^ested  in  a  general  assembly, 
Avhich  shall  consist  of  a  senate  and  house  of  representatiA'es,  the  mem- 
bers Avhereof  shall  be  elected  and  returns  of  the  elections  made  in  the 
manner  now  ])rescribed  by  hiAv  (until  changed  by  the  general  assem- 
bly) on  the  loth  day  of  November,  in  the  present  year,  and  biennially 
thereafter,  on  the  first  Wednesday  of  October,  to  serve  until  their 
successors  shall  be  elected;  but  the  general  assembly  may,  by  law, 
change  the  tlay  of  election. 


812  Gcorgm—lSh'S 

'i'hivo,  Tho  first  nieoting  of  tlio  <j:('iu'ral  iis.soinl)ly.  iiiukT  this  con- 
stitution, shall  \)v  on  the  first  Monday  in  DoaMiibcr  next,  after  which 
it  shall  meet  annually  on  the  first  Thursday  in  November,  or  on  such 
other  day  as  the  general  assembly  may  prescribe.  A  majority  of 
each  house  shall  constitute  a  quorum  to  transact  business,  but  a 
smaller  number  may  adjourn  from  day  to  day  and  compel  the  attend- 
ance of  its  absent  members,  as  each  house  may  provide.  Xo  session 
of  the  oeneral  assembly,  after  the  first  above  mentioned,  shall  con- 
tinue longer  than  forty  days,  unless  prolonged  by  a  vote  of  two-thirds 
of  each  branch  thereof. 

Four.  Xo  i)erson  holding  any  military  commission,  or  other  a|)- 
pointment,  having  any  emolument  or  compensation  annexed  thereto, 
under  this  State  or  the  United  States,  or  either  of  them,  (except 
justices  of  the  inferior  court,  justices  of  the  peace,  and  officers  of  the 
militia,)  nor  any  defaulter  for  public  money,  or  for  any  legal  taxes 
required  of  him,  shall  have  a  seat  in  either  branch  of  the  general 
assembl^y ;  nor  shall  any  senator  or  representative,  after  his  qualifica- 
tion as  "such,  be  elected  by  the  general  assembly,  or  a^Dpointed  by  the 
governor,  with  the  advice  and  consent  of  two-thirds  of  the  senate,  to 
any  office  or  appointment  having  any  emolument  or  compensation 
annexed  thereto,  during  the  time  for  which  he  shall  have  been  elected. 

Five.  Xo  person  convicted  of  any  felony  before  any  court  of  this 
State,  or  of  the  United  States,  shall  be  eligible  to  any  office  or  appoint- 
ment of  honor,  profit,  or  trust,  within  this  State,  until  he  shall  have 
been  pardoned. 

Six.  Xo  person  who  is  collector  or  holder  of  public  money  shall  be 
eligible  to  any  office  in  this  State  until  the  same  is  accounted  for  and 
paid  into  the  treasury. 

Sec.  2.  There  shall  be  forty- four  senatorial  districts  in  the  State  of 
Georgia,  each  composed  of  three  contiguous  counties,  from  each  of 
wdiich  districts  one  senator  shall  be  chosen,  until  otherwise  arranged, 
as  hereinafter  provided. 

The  said  districts  shall  be  constituted  of  counties  as  follows: 

The  first  district,  of  Chatham,  Bryan,  and  Effingham. 

The  second,  of  Liberty,  Tattnall,  and  Macintosh. 

The  third,  of  Wayne,  Pierce,  and  Appling. 

The  fourth,  of  Glvnn.  Camden,  and  Charlton. 

The  fifth,  of  Coffee,  Ware,  and  Clinch. 

The  sixth,  of  Echols,  Lowndes,  and  Berrien. 

The  seventh,  of  Brooks,  Thomas,  and  Colquitt. 

The  eighth,  of  Decatur,  Mitchell,  and  Miller. 

The  ninth,  of  Early,  Calhoun,  and  Baker. 

The  tenth,  of  Dougherty.  Lee.  and  Worth. 

The  eleventh,  of  Clay,  Randolph,  and  Terrell. 

The  tAvelfth,  of  Stewart,  Webster,  and  Quitman. 

The  thirteenth,  of  Sumter,  Schley,  and  Macon. 

The  fourteenth,  of  Dooly,  Wilcox,  and  Pulaski. 

The  fifteenth,  of  Montgomery,  Telfair,  and  Irwin. 

The  sixteenth,  of  Laurens,  Johnson,  and  Emanuel. 

The  seventeenth,  of  Bullock,  Scriven,  and  Burke. 

The  eighteenth,  of  Richmond.  Glascock,  and  Jefferson. 

The  nineteenth,  of  Taliaferro,  Warren,  and  Greene. 


Giwgia—1865  813 

The  twentieth,  of  Baklwin.  Hancock,  and  A^'ashin<^:(on. 

The  twenty-first,  of  Twiggs,  Wilkinson,  and  Jones. 

The  twenty-second,  of  Bibb.  Monroe,  and  Pike. 

The  twenty-third,  of  Houston,  Crawford,  and  Taylor. 

The  twenty-fonrth.  of  ^Marion.  Chattahoochee,  and  Muscogee. 

The  twenty-fifth,  of  Harris,  Upson,  and  Talbot. 

The  twenty-sixth,  of  Spalding.  Butts,  and  Fayette. 

The  twenty-seventh,  of  Xewton,  Walton,  and  Clarke. 

The  twenty-eighth,  of  Jasper,  Putnam,  and  Morgan. 

The  twenty-ninth,  of  AVilkes,  Lincoln,  and  Columbia. 

The  thii'tieth,  of  Oglethorj^e,  Madison,  and  Elbert. 

The  thirty-first,  of  Hart,  Franklin,  and  Habersham. 

The  thirt^'-second,  of  White,  Lumpkin,  and  DaAvson. 

The  thirty-thii'd,  of  Hall,  Banks,  and  Jackson. 

The  thirty-fourth,  of  Gwinnett,  Delvalb,  and  Plenry. 

The  thirty-fifth,  of  Clayton,  Fulton,  and  Cobb. 

The  thirt3^-sixth,  of  Meriwether,  Cowetta,  and  Campbell. 

The  thirty-seventh,  of  Troup,  Heard,  and  Carroll. 

The  thirty-eighth,  of  Haralson,  Polk,  and  Paulding. 

The  thirty-ninth,  of  Cherokee,  ^Milton,  and  Forsyth. 

The  fortieth,  of  Union,  Towns,  and  Rabun. 

The  forty-first,  of  Fannin,  Gilmer,  and  Pickens. 

The  forty-second,  of  Bartow,  Floyd,  and  Chattooga. 

The  forty-third,  of  ]Murray,  Whitfield,  and  Gordon. 

The  forty- fourth,  of  Walker,  Dade,  and  Catoosa. 

If  a  new  county  be  established,  it  shall  be  added  to  a  district  which 
it  adjoins.  The  senatorial  districts  may  be  changetl  by  the  general 
assembly,  but  only  at  the  first  session  after  the  taking  of  each  new 
census  by  the  United  States  Government,  and  their  number  shall 
never  be  increased. 

Two.  No  person  shall  be  a  senator  who  shall  not  have  attained  to 
the  age  of  twenty-five  years  and  be  a  citizen  of  the  LTnited  States,  and 
have  been  for  three  years  an  inhabitant  of  this  State,  and  for  one 
year  a  resident  of  the  district  from  which  he  is  chosen. 

Three.  The  ])residing  officer  shall  be  styled  the  president  of  the 
senate,  and  shall  be  elected  rii^a  voce  from  their  OAvn  body. 

Four.  The  senate  shall  have  the  sole  power  to  try  all  impeach- 
ments. When  sitting  for  that  pur})Ose,  they  shall  be  on  oath  or 
affirmation,  and  no  ])erson  shall  be  convicted  Avithout  the  concur- 
rence 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,  profit,  or  trust 
Avithin  this  State;  but  the  party  convicted  shall,  nevertheless,  be  liable 
and  subject  to  indictment,  trial,  judgment,  and  ])unishment  according 
to  law. 

Sec.  ?>.  One.  'J'he  house  of  rej)resi'ntatives  shall  be  composed  as  fol- 
lows: The  thirty-seven  counties  having  the  largest  repi'esentative 
population  shall  have  two  representatives  each.  Kxcrv  other  county 
shall  have  one  representative.  The  designation  of  the  counties  hav- 
ing two  representatives  shall  lie  made  by  the  general  assembly  imme- 
diately after  the  taking  of  each  census. 

Two.  No  person  shall  be  a  representative  who  shall  not  have 
7251— VOL  1—07 54 


814  Georg  la — 1865 

allaiiied  to  (hci  age  of  twentv-oiu!  ycarh,  and  he  a  cilizcu  of  tlic  United 
States,  and  have  heen  for  three  years  an  inhahitant  of  the  State,  and 
for  one  year  a  resident  of  the  county  which  he  represents. 

Threes  'J'he  presiding  otlicer  of  the  liouse  of  representatives  shall 
be  styled  the  speaker,  and  shall  he  elected  nira  race  from  their  own 
bod}'. 

Four.  They  shall  have  the  sole  |)ower  to  ini|)eacli  all  persons  who 
have  been  or  may  he  in  office. 

Five.  All  bills  for  i-aising  revenue  or  appi*jpriating  money  shall 
originate  in  the  house  of  representatives;  but  the  Senate  may  propose 
or  concur  in  amendments,  as  in  other  bills. 

Sec.  4.  One.  Each  house  shall  be  the  judge  of  the  election  returns 
and  qualifications  of  its  own  members;  and  shall  have  poAver  to  ])un- 
isli  them  for  disorderly  behavior  or  misconduct,  by  censure,  tine, 
imprisonment,  or  expvdsion ;  but  no  member  shall  be  expelled  except 
by  a  vote  of  two-thirds  of  the  house  from  which  he  is  expelled. 

Tavo.  Each  house  may .  punish,  by  imprisonment,  not  extending 
beyond  the  session,  any  person  not  a  member,  who  shall  be  guilty  of 
a  contempt  by  any  disorderly  behavior  in  its  presence;  or  who,  dur- 
ing the  session,  shall  threaten  injury  to  the  person  or  estate  of  any 
member,  for  anything  said  or  done  in  either  house;  or  who  shall 
assault  any  member  therefor  or  who  shall  assault  or  arrest  any  wit- 
ness going  to  or  returning  therefrom ;  or  who  shall  rescue,  or  attempt 
to  rescue,  any  person  arrested  by  order  of  either  house. 

Third.  The  members  of  both  houses  shall  be  free  from  arrest  dur- 
ing their  attendance  on  the  general  assembly,  and  in  going  to  and 
returning  therefrom;  except  for  treason,  felony,  or  breach  of  the 
peace.  And  no  meml)er  shall  be  liable  to  answer  in  any  other  place 
for  anything  spoken  in  debate  in  either  house. 

Four.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  pub- 
lish them  innnediately  after  its  adjournment.  The  yeas  and  nays  of 
the  members  on  any  "question  shall,  at  the  desire  of  one-fifth  of  the 
members  present,  be  entered  on  the  journals.  The  original  journals 
shall  be  preserved  (after  publication)  in  the  office  of  the  secretary  of 
state ;  but  there  shall  be  no  other  record  thereof. 

Five.  Every  bill,  before  it  shall  pass,  shall  be  read  three  times,  and 
on  three  separate  and  distinct  days,  in  each  house,  unless  in  case  of 
actual  invasion  or  insurrection.  Nor  shall  any  law  or  ordinance  pjiss 
Avhich  refers  to  more  than  one  subject-matter,  or  contains  matter  dif- 
ferent from  what  is  expressed  in  the  title  thereof. 

Six.  All  acts  shall  be  signed  by  the  president  of  the  senate  and  the 
speaker  of  the  house  of  representatiA'es ;  and  no  bill,  ordinance,  or 
resolution,  intended  to  have  the  effect  of  law,  which  shall  have  been 
rejected  by  either  house,  shall  be  again  proposed  under  the  same  or 
any  other'  title  without  the  consent  of  two-thirds  of  the  house,  by 
Avhicli  the  same  was  rejected. 

Seven.  Neither  house  shall  adjourn  for  more  than  three  days,  nor 
to  any  other  place,  without  the  consent  of  the  other:  and  in  case  of 
disagreement  between  the  two  houses  on  a  question  of  adjournment, 
the  governor  may  adjourn  them. 

Eight.  Every  senator  and  representative,  before  taking  his  seat, 
shall  take  an  oath  or  affirmation  to  support  the  Constitution  of  the 
United  States  and  of  this  State ;  and  also,  that  he  hath  not  practised 


Georgia— 1865  815 

any  unlawful  means,  either  directly  or  indirectly,  to  procure  his 
election.  And  every  person  convicted  of  having  given  or  offered  a 
bribe  shall  be  disqualified  from  serving  as  a  member  of  either  house 
for  the  term  for  which  he  was  elected. 

Nine.  Whenever  this  constitution  requires  an  act  to  l)e  i)assed  by 
two-thirds  of  both  houses,  the  yeas  and  nays  on  the  passage  thereof 
shall  be  entered  on  the  journals  of  each. 

Sec.  a.  One.  The  general  assembly  shall  have  i)0\ver  to  make  all 
laws  and  ordinances  consistent  with  this  constitution,  and  not  repug- 
nant to  the  Constitution  of  the  United  States,  which  they  shall  deem 
necessary  and  proper  for  the  welfare  of  the  State. 

Two.  They  may  alter  the  boundaries  of  counties,  and  lay  off  and 
establish  new  counties;  but  every  bill  to  establish  a  new  county  shall 
be  passed  by  at  least  two-thirds  of  the  members  present  in  each  branch 
of  the  general  assembly. 

Three.  The  general  assembly  shall  have  power  to  appropriate 
money  for  the  promotion  of  learning  and  science,  and  to  provide  for 
the  education  of  the  people :  and  shall  provide  for  the  early  resump- 
tion of  the  regular  exercises  of  the  University  of  Georgia,  by  the  ade- 
quate endowment  of  the  same. 

Four.  The  general  assembly  shall  have  power,  by  a  vote  of  two- 
thirds  of  each  branch,  to  grant  ])ardons  in  cases  of  final  conviction  for 
treason,  and  to  pardon  or  commute  after  final  conviction  in  capital 
cases. 

Five.  It  shall  be  the  duty  of  the  general  assembly,  at  its  next 
session,  and  thereafter  as  the  public  welfare  may  require,  to  provide 
l)y  law  for  the  government  of  free  persons  of  color;  for  the  protec- 
tion and  security  of  their  persons  and  property,  guarding  them  and 
the  State  against  any  evil  that  may  arise  from  their  sudden  emanci- 
])ation,  and  prescribing  in  what  cases  their  testimony  shall  be  admit- 
ted in  the  courts:  for  the  regulation  of  their  transactions  with  citi- 
zens; for  the  legalizing  of  tluMr  existing  and  the  contracting  and 
solemnization  of  their  future  marital  relations,  and  connected  there- 
with their  rights  of  inheritance  and  testamentary  capacity;  and  for 
the  regulation  or  prohibition  of  their  immigration  into  this  Staff! 
from  other  States  of  the  I^nion,  or  elsewhere.  And  fin-ther,  it  shall 
be  the  duty  of  the  general  assembly  to  confer  jurisdiction  upon  courts 
now  existing,  or  to  create  county  courts  with  jiu'isdicfioii  in  criminal 
cases  excepted  from  the  exclusive  jurisdiction  of  the  superior  court, 
iind  in  civil  cases  whereto  free  ]iersons  of  color  may  be  parties. 

Sec.  ().  One.  The  general  ass(>nibly  ^hall  have  no  power  to  grant 
(•or])oi'ate  ])ow('rs  and  i)ri\ileges  to  ])rivate  c()mi)anies.  excei)t  to 
banking,  insurance,  railroad,  canal,  i:)laidv-road,  navigation,  mining, 
express,  lumber,  manufacturing,  and  telegraph  companies;  nor  to 
make  or  change  election  precincts;  nor  to  establish  l)ridges  and 
ferries;  nor  to  change  names,  or  legitinnite  children  ;  but  shall  by  \\\\\ 
prescribe  the  manner  in  which  such  power  shall  be  exercised  1)V  tlu; 
courts.  But  no  bank-charter  shall  be  granted  or  extended,  and  no 
act  passed  authorizing  the  suspension  of  specie  ]iayment  by  any  char- 
tered l)aidv.  except  by  a  vote  of  two-thirds  of  each  branch  of  the 
general  assembly. 

Two.  Xo  money  shall  l)e  di'awn  from  the  treasury  of  this  Stale, 
except  by  ajjiiropriation  made  by  law :  and  a  regular  statement  and 


816  Gcoryia—lSfJd 

acc-onnt  of  the  rccoi])!  aiul  o.\j)('ii(litiir('  of  all  public  money  sliall  In- 
published  from  time  to  time. 

Three.  No  vote,  resohition,  law,  or  order  shall  pass,  •ri'aiitiii'f  a 
donation  or  gratuity  in  favor  of  any  person,  except  by  the  concur- 
rence of  two-thirds  of  the  general  assembly. 

Four.  Xo  law  shall  be  passed  by  which  a  citizen  shall  be  compelled, 
directly  or  indirectly,  to  l)ecome  a  stockholder  in  or  conti-ii)ute  to 
a  railroad,  or  other  work  of  internal  im])r()\ement.  without  his  con- 
sent, excejit  the  inhabitants  of  a  corporate  town  or  city.  This  pro- 
vision shall  not  be  construed  to  deny  the  ])ower  of  taxation  for  the 
purpose  of  making  levees  or  dams  to  ]ii"event  the  overflow  of  rivers. 

Article  III 

Section  1.  One.  The  executive  poAver  shall  be  vested  in  a  governor, 
the  first  of  whom  under  this  constitution  shall  hold  the  office  from  the 
time  of  his  inauguration,  as  by  law  provided,  until  the  election  and 
qualification  of  his  successor.  Each  governor  subsequently  elected 
shall  hold  the  office  for  two  years  and  until  his  successor  shall  be 
elected  and  qualified,  and  shall  not  be  eligible  to  re-election  after  the 
expiration  of  a  second  term  for  the  period  of  four  years.  He  shall 
have  a  competent  salary,  which  shall  not  be  increased  nor  diminished 
during  the  time  for  which  he  shall  have  been  elected;  neither  shall 
he  receive  within  that  time  any  other  emolument  from  the  United 
vStates,  or  either  of  them,  nor  from  any  foreign  power. 

Tavo.  The  governor  shall  l)e  elected  by  the  persons  qualified  to  vote 
for  mend)ers  of  the  general  assembly,  on  the  fifteenth  day  of  Xovem- 
ber,  in  the  year  eighteen  hundred  and  sixty-five,  and  biennially 
thereafter,  on  the  first  Wednesday  of  October,  until  such  time  be 
altered  by  law,  Avhicli  election  shall  be  held  at  the  places  of  holding 
general  elections  in  the  seA'eral  counties  of  this  State,  in  the  manner 
prescril)ed  for  the  election  of  members  of  the  general  asseml)ly.  The 
returns  for  every  election  of  governor  shall  be  sealed  up  l)y  the  man- 
agers, .separately  from  other  returns,  and  directed  to  the  president  of 
the  senate  and  speaker  of  the  house  of  representatives:  and  trans- 
mitted to  the  governor,  or  the  person  exercising  the  duties  of  governor 
for  the  time  being;  who  shall,  without  opening  the  said  returns, 
cause  the  same  to  be  laid  before  the  senate,  on  the  day  after  the  two 
houses  shall  have  been  organized ;  and  they  shall  be  transmitted  by 
the  senate  to  the  house  of  representatives.  The  members  of  each 
branch  of  the  general  assembly  shall  convene  in  the  representative 
chamber,  and  the  president  of  the  senate  and  the  s^jeaker  of  the  house 
of  representatives  shall  open  and  publish  the  returns  in  })resence 
of  the  general  assembly;  and  the  person  having  the  majority  of  the 
whole  number  of  votes  given  in  shall  be  declared  duly  elected 
governor  of  this  State:  but  if  no  person  haAc  such  majority,  then 
from  the  two  persons  haA^ing  the  highest  number  of  A'otes,  Avho  shall 
he  in  life,  and  shall  not  decline  an  election  at  the  time  appointed 
for  the  legislature  to  elect,  the  general  assembly  shall  immediately 
elect  a  goA'ernor  rira  voce;  and  in  all  cases  of  election  of  a  goA'ernor 
by  the  general  assembly,  a  majority  of  the  A'otes  of  the  members 
present  shall  be  necessary  for  a  choice.  Contested  elections  shall  I)e 
determined  by  both  houses  of  the  general  assembly,  in  such  manner 
as  shall  be  prescribed  by  laAv. 


Georgia— 1865  817 

Three.  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  years,  and  who  Jiatli  not  attained  the 
age  of  thirty  years. 

Four.  In  case  of  the  death,  resignation,  or  disability  of  the  gov- 
ernor, the  president  of  the  senate  shall  exercise  the  executive  powers 
of  the  government  until  such  disability  l)e  removed,  or  a  successor  is 
elected  and  <|ualified.  And  in  case  of  the  death,  resignation,  or 
disability  of  the  president  of  the  senate,  the  speaker  of  the  house  of 
representatives  shall  exercis(»  the  executive  ])ower  of  tlie  government 
until  the  removal  of  the  disability  or  the  election  and  qualification  of 
a  governor. 

Five.  The  governor  shall,  before  he  enters  on  the  duties  of  his  office, 
take  the  following  oath  or  affirmation:  "I  do  solenndy  swear  or 
affirm  (as  the  case  may  be)  that  I  will  faithfully  execute  the  office  of 
governor  of  the  State  of  (leorgia  ;  and  will,  to  the  best  of  my  abilities, 
preserve,  protect,  and  defend  the  constitution  thereof,  and  the  Con- 
stitution of  the  United  States  of  America." 

Sec.  '1.  One.  The  governor  shall  be  conunander-in-chief  of  the 
army  and  navy  of  this  State,  and  of  the  militia  thereof. 

Two.  He  shall  have  power  to  grant  reprieves  for  oifences  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,  murder,  or  other  capital  offences,  in  which  cases  he  may 
respite  the  execution,  and  make  rei:)ort  thereof  to  the  next  general 
assembly. 

Three.  He  shall  issue  writs  of  election  to  fill  vacancies  that  happen 
in  the  senate  or  house  of  representatives,  and  shall  have  pow.er  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. 

Four.  When  any  office  shall  become  vacant  by  death,  resignation, 
or  otherwise,  the  governor  shall  have  power  to  fill  such  vacancy  unless 
otherwise  provided  for  by  law;  and  persons  so  appointed  shall  con- 
tinue in  office  until  a  successor  is  appointed,  agreeably  to  the  modi^ 
pointed  out  by"  this  constitution,  or  by  law  in  pursuance  thereof. 

Five.  A  person  once  rejected  by  the  senate  shall  not  be  reai)i)ointed 
by  the  governor  to  the  same  office  during  the  same  session  or  the  recess 
thereafter. 

Six.  The  governor  shall  have  the  re\"ision  of  all  bills  passed  by  both 
houses,  before  the  same  shall  become  laws,  but  two-thirds  of  each 
house  may  ])ass  a  law  notwithstanding  his  dissent;  and  if  any  bill 
should  not  be  returned  by  the  goverrior  within  five  days  (Sundays 
excepted)  after  it  has  been  presented  to  him,  the  same  shall  be  law, 
unless  the  general  assembly,  by  their  adjournment,  shall  prevent  its 
return.  He  may  approve  any  appropriation  and  disajjprove  any 
other  a|)])ropriati()n  in  the  same  bill,  and  the  latter  shall  not  be  eifec- 
tual  unless  passed  by  two-thirds  of  each  house. 

SeA'en.  Every  vote,  resolution,  or  order,  to  which  the  concurrence 
of  both  houses  uuiy  be  necessary,  except  on  a  ((uestiou  of  election  or 
adjournment,  shall  be  j^resented  to  the  gov(M'nor:  and  before  it  shall 
take   effect    be   approved   1)V    him.   or.    being   disapprox-etl.    shidl    l»c 


cSLS  Gcorqid—ISGr, 

n^passod  b_y  iwo-diirds  of  oacli  house,  accordinii-  (o  the  rules  mid  linii- 
tatious  j)i-esei'il)ed  in  the  case  of  a  hilL 

Ei^'ht.  There  shall  be  a  secretary  of  state,  a  coiHi)li'(jller-<i;eiieral,  a 
treasui-er,  and  surveyor-general,  elected  by  the  general  assembly,  and 
they  shall  hold  their  offices  for  the  like  period  as  the  governor,  and 
shall  have  a  competent  salary,  which  shall  not  be  increased  oi-  dimin- 
ished during  the  period  for  Avhich  they  shall  have  been  elected.  T\n\ 
general  assembly  may  at  any  time  consolidate  any  two  of  these  offices, 
and  require  all  the  duties  to  be  discharged  by  one  officer. 

Nine.  The  great  seal  of  the  State  shall  be  deposited  in  the  office  of 
the  secretary  of  state,  and  shall  not  be  affixed  to  any  instrument  of 
writing  but  by  order  of  the  governor  or  general  assembly;  and  that 
used  previously  to  the  year  1801  shall  be  the  great  seal  of  the  State. 

Ten.  The  governor  shall  have  power  to  appoint  his  owm  secretaries, 
not  exceeding  two  in  number. 

Article  IV 

Section  1.  One.  The  judicial  powers  of  this  State  shall  be  vested 
in  a  supreme  court  for  the  correction  of  errors,  a  sui^erior,  inferior, 
ordinary,  and  justices'  courts,  and  in  such  other  courts  as  have  been, 
or  may  be,  established  by  law. 

Two.  The  supreme  court  shall  consist  of  three  judges,  who  shall 
be  elected  by  the  general  assembly,  foi-  such  term  of  years,  not  less 
than  six,  as  shall  be  prescribed  by  law,  and  shall  continue  in  office 
until  their  successors  shall  be  elected  and  qualified;  removable  by  the 
governor  on  the  address  of  two-thirds  of  each  branch  of  the  general 
assembly,  or  by  impeachment  and  conviction  thereon. 

Three.  The  said  court  shall  have  no  original  jurisdiction,  but  shall 
be  a  court  alone  for  the  trial  and  correction  of  errors  in  law  and 
equity  from  the  superior  courts  of  the  several  circuits,  and  from  the 
city  courts  of  the  cities  of  Savannah  and  Augusta,  and  such  other  like 
courts  as  may  be  hereafter  established  in  other  cities;  and  shall  sit 
"  at  the  seat  of  government ''  at  such  time  or  times  in  each  year  as  the 
general  assembly  shall  prescribe,  for  the  trial  and  determination  of 
writs  of  ei'ror  from  said  courts. 

Four.  The  said  court  shall  dispose  of  and  finally  determine  every 
case  on  the  docket  of  such  court,  at  the  first  or  second  term  after  such 
writ  of  error  brought;  and  in  case  the  plaintiif  in  error  shall  not  be 
prepared  at  the  first  term  of  such  court,  after  error  l)rought,  to  prose- 
cute the  case,  unless  precluded  by  some  ])rovidential  cause  from  such 
prosecution,  it  shall  be  stricken  from  the  docket  and  the  judgment 
below  affirmed.  And  in  any  case  that  may  occur,  the  court  may,  in 
its  discretion,  withhold  its  judgment  until  the  term  next  after  the 
argument  thereon. 

Sec.  2.  One.  The  judges  of  the  superior  courts  shall  be  elected  on 
the  first  Wednesday  in  January,  until  the  legislature  shall  otherwise 
direct,  immediately  before  the  expiration  of  the  term  for  which  they 
or  either  of  them  may  have  been  appointed  or  elected,  from  the  cir- 
cuits in  which  they  are  to  serve,  by  a  majority  vote  of  the  peo]:)le  of 
the  circuit  qualified  to  vote  for  members  of  the  general  assembly,  for 
the  term  of  four  years,  vacancies  to  be  filled  as  is  provided  by  the  hiAvs 
of  force  ])rioi'  to  January  1.  ISGl,  and  shall  continue  in  office  until 


Georgia— 1  sen  819 

their  successors  shall  he  elected  and  <iualilied;  removahle  by  the  gov- 
ernor on  the  address  of  tAvo-thirds  of  each  branch  of  the  ofeneral 
assembly,  or  by  impeachment  and  conviction  thereon. 

Two.  The  superior  court  shall  have  exclusive  jurisdiction  in  all 
cases  of  divorce,  l)oth  total  and  partial;  but  no  total  divorce  shall  be 
granted  except  on  the  concurrent  verdicts  of  two  special  juries.  In 
each  divorce  case,  the  court  shall  regulate  the  lights  and  disabilities 
of  the  parties. 

Three.  The  superior  courts  shall  also  have  exclusive  jurisdiction 
in  all  criminal  cases,  except  as  relates  to  fines  for  neglect  of  duty, 
contempts  of  court,  violation  of  road-laws,  obstructions  of  water- 
courses, and  in  all  other  minor  otfences  which  do  not  subject  the 
offender  or  offenders  to  loss  of  life,  limb,  or  member,  or  to  confinement 
in  the  penitentiary;  jurisdiction  of  all  such  cases  shall  be  vested  in 
such  count}^  or  corporation  courts,  or  such  other  courts,  judicatures, 
or  tribunals  as  now  exist,  or  may  hereafter  be  constituted,  under  such 
rules  and  regulations  as  the  legislature  may  have  directed,  or  ma}' 
hereafter  by  law  direct. 

Four.  All  criminal  cases  shall  be  tried  in  the  county  where  the 
crime  was  committed,  except  in  cases  where  a  jury  cannot  be  obtained. 

Five.  The  superior  court  shall  have  exclusive  jurisdiction  in  all 
cases  respecting  titles  to  land,  which  shall  be  tried  in  the  county  where 
the  land  lies;  and  also  in  all  equity  causes  which  shall  be  tried  in 
the  county  where  one  or  more  of  the  defendants  reside,  against  whom 
substantial  relief  is  prayed. 

Six.  It  shall  have  appellate  jurisdiction  in  all  such  cases  as  may  be 
provided  by  law. 

Seven,  It  shall  have  power  to  correct  errors  in  inferior  judicatories 
by  writ  of  certiorari^  and  to  grant  new  trials  in  the  superior  court  on 
proper  and  legal  grounds. 

Eight.  It  shall  have  power  to  issue  writs  of  mandamus^  prohibition, 
scire  facias^  and  all  other  writs  which  may  be  necessary  for  carrying 
its  powers  fully  into  effect. 

Nine.  The  superior  court  shall  have  jurisdiction  in  all  other  civil 
cases,  and  in  them  the  general  assembh^  may  give  concurrent  juris- 
diction to  the  inferior  court,  or  such  other  county  court  as  they  may 
hereafter  create,  which  cases  shall  l)e  tried  in  the  county  where  the 
defendant  resides. 

Ten.  In  case  of  joint  obligors,  or  joint  })romisors  or  copartners,  or 
joint  trespassers  residing  in  different  counties,  the  suit  may  be  l)rought 
in  either  county. 

Eleven.  In  case  of  a  maker  and  indorser  or  iiulorsers  of  i)romissory 
notes  residing  in  different  counties  in  this  State,  the  same  may  be 
sued  in  the  county  where  the  maker  resides. 

Twelve.  The  superior  court  shall  sit  in  each  county  not  less  than 
twice  in  every  year,  at  such  stated  times  as  have  been  or  may  be 
appointed  by  the  general  assembly,  and  the  inferior  and  county  courts 
at  such  times  as  the  general  assembly  may  direct. 

Skc.  ?i.  One.  The  judges  shall  have  salaries  adequate  to  their  serv- 
ices fixed  by  law,  which  shall  not  be  diminished  nor  increased  during 
their  continuance  in  office;  but  shall  not  receive  any  other  jjenpiisites 
or  emoluments  whatever,  from  parties  or  others,  on  account  of  an}' 
duty  recjuired  of  them. 


820  Georgia— 1805 

Two.  There  shall  be  a  State's  attorney  and  solicitors  elected  in  the 
same  manner  as  the  jiidfjes  of  the  su])erior  court,  and  connnissioned 
by  the  governor,  who  shall  hold  their-  oflices  for  the  term  of  four  years, 
or  until  their  successors  shall  be  appointed  and  (qualified,  iudess 
removed  by  sentence  on  iniijeachment,  or  by  the  governor  on  the 
address  of  tAVo-thirds  of  each  branch  of  the  general  assembly.  They 
shall  have  salaries  adequate  to  their  services  fixed  l)y  law,  which  shall 
not  be  increased  or  diminished  during  their  continuance  in  office. 

Three.  The  justice  or  justices  of  the  inferior  court,  and  the  judges 
of  such  other  county  court  as  may  by  law  be  created,  shall  be  elected 
in  each  county  l)y  the  pei'sons  entitled  to  vote  for  niembei's  of  the 
general  asseml)ly. 

Four.  The  justice  of  the  peace  shall  be  elected  in  each  district  by 
the  persons  entitled  to  vote  for  members  of  the  general  assembly. 

Five.  The  powers  of  a  court  of  ordinary  ami  of  probate  shall  be 
vested  in  an  ordinary  for  each  county,  from  whose  decision  tliere  may 
be  an  appeal  to  the  superior  court,  under  regulations  prescribed  by 
law.  The  ordinary  shall  be  ct- officio  clerk  of  said  court,  and  may 
appoint  a  deputy  clerk.  The  ordinary,  as  clerk,  or  his  deputy,  may 
issue  citations,  and  grant  temporary  letters  of  administration,  to  hold 
nntil  permanent  letters  are  granted;  and  said  ordinary,  as  clerk,  or 
his  deputy,  may  grant  marriage-licenses.  The  ordinaries  in  and  for 
the  respective  counties  shall  be  elected,  as  other  county  officers  are,  on 
the  first  Wednesday  in  January,  1868,  and  every  fourth  year  there- 
after, and  shall  be  commissioned  by  the  governor  for  the  term  of  four 
years.  In  case  of  any  vacancy  of  said  office  of  ordinary,  from  any 
cause,  the  same  shall  be  filled  by  election,  as  is  provided  in  relation  to 
other  county  officers,  and  until  the  same  is  filled,  the  clerk  of  the 
superior  court  for  the  time  being  shall  act  as  clerk  of  said  court  of 
ordinary. 

Article  V 

Section  1.  One,  The  electors  or  members  of  the  general  assembW 
shall  be  free  Avliite  male  citizens  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  the}^  have  had  an  opportunity  of 
l^aying,  agreeable  to  law,  for  the  year  preceding  the  election ;  shall  be 
citizens  of  the  United  States,  and  shall  have  resided  six  months  either 
in  the  district  or  county,  and  two  years  within  this  State,  and  no 
person  not  qualified  to  vote  for  members  of  the  general  assembly  shall 
hold  any  office  in  this  State. 

Two.  All  elections  by  the  general  assembly  shall  be  inva  voce^  and 
the  vote  shall  alwaj's  appear  on  the  journal  of  the  house  of  represent- 
atives, and  Avhere  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  cases  preside  and  declare 
the  person  or  persons  elected. 

Three.  In  all  elections  by  the  people  the  electors  shall  vote  by  bal- 
lot until  the  general  assembly  shall  otherwise  direct. 

Four.  All  civil  officers  heretofore  commissioned  by  the  governor,  or 
Avho  have  been  duly  appointed,  or  elected,  since  the  first  day  of 
January  last,  but  who  have  not  received  their  commissions,  and  who 
have  not  resigned,  nor  been  removed  from  office,  and  whose  terms  of 


Georgia— 1865  821 

office  shall  not  have  expired,  shall  continue  in  the  exercise  of  the 
duties  of  their  respective  offices  during  the  periods  for  which  they 
were  duly  appointed  or  duly  elected  as  aforesaid,  and  commissioned, 
and  until  their  successors  shall  be  appointed  under  the  provisions  of 
this  constitution,  unless  removed  from  office  as  herein  ])rovided. 

Five.  Laws  of  general  ()[)erati<)n  now  of  force  iu  this  State  are.  1st, 
as  the  supreme  law,  the  Constitution  of  the  Tnited  States;  the  laws 
of  the  United  States  iu  pursuance  thereof,  and  all  ti-eaties  made  under 
the  authority  of  the  United  States;  lid,  as  next  in  authority  thereto, 
this  constitution;  ^'xl.  in  suljordination  to  the  aforegoing,  all  laws 
declared  of  force  by  an  act  of  the  general  assembly  of  this  State, 
assented  to  December  the  IDth,  A.  I).  1800,  entitled  '*An  act  to  ap- 
prove, ado})t,  and  make  of  force,  in  the  State  of  (ieoi-gia,  a  revised 
code  of  laws,  [)re})ared  under  tlie  direction  and  by  authority  of  the 
general  asseml)ly  thereof,  and  for  other  purjjoscs  therewith  con- 
nected,"' an  act  of  the  general  assembly  aforesaid,  assented  to  Decem- 
ber IC),  A.  D.  1801,  amendatory  of  the  aforegoing,  and  an  act  of  the 
general  assembly  aforesaid,  assented  to  December  1:5,  A.  D,  LSO-i, 
entitled  '"An  act  to  settle  the  conflicts  between  the  code  and  the  legis- 
lation of  this  general  assembl,y ;  "  also,  all  acts  of  the  general  assembly 
aforesaid,  passed  since  the  date  last  written,  altering,  amending,  re- 
pealing, or  adding  to  any  portion  of  law  hereinl)efore  mentioned, 
(the  latter  enactments  having  preference  in  case  of  conflict.)  and  also 
so  nnich  of  the  common  and  statute  law  of  England,  and  of  the 
statute  laws  of  this  State  of  force  in  Georgia  in  the  year  eighteen 
hundred  and  sixty,  as  is  not  expressly  superseded  by  nor  inconsistent 
with  said  codes,  though  not  embodied  therein;  except  so  nuich  of  the 
law"  aforesaid  as  may  violate  the  supreme  law  herein  recognized,  or 
may  conflict  with  this  constitution,  and  except  so  much  thereof  as 
refers  to  persons  held  in  slavery,  which  excepted  laws  shall  henceforth 
I)e  inoperative  and  void,  and  any  future  general  assembly  of  this 
State  shall  be  competent  to  alter,  amend,  or  repeal  any  jjortion  of  the 
la^v  declared  to  be  of  force  in  this  third  specification  of  the  fifth 
clause  of  this  fifth  article.  If  in  any  statute  law  herein  declared  of 
force  the  word  "  Confederate  "  occurs  before  the  word  States,  such 
law  is  hereby  amended  by  substituting  the  word  '*  Uuitecj  "  foi-  tli(> 
word  "  Confederate.'' 

Six.  Local  and  private  statutes  heretofore  passed,  intended  for  the 
benefit  of  counties,  cities,  towns,  corporations,  and  private  ])ersons. 
not  inconsistent  with  the  su])reuie  law.  nor  Avith  this  constitution,  and 
which  have  neither  expired  by  theii'  own  limitations  nor  have  been 
rei)ealed,  shall  have  the  force  of  statute  law,  subject  to  judicial 
decision  as  to  their  validity  when  enacted,  and  to  any  limitations 
imposed  by  their  own  terms. 

Seven.  All  judgments,  decrees,  orders,  and  other  pi'oceedings  of 
the  several  courts  of  this  State,  heretofore  made  within  the  limits  of 
their  sevei'al  jurisdictions,  are  hereby  ratified  and  affirmed,  subject 
only  to  past  and  future  reversal,  by  motion  for  new  trial,  appeal,  bill 
of  review,  or  other  proceedings,  in  conformity  with  the  law  of  force 
when  they  were  made. 

Eia'ht.  All  riohts,  privileges,  and  iunnunities  which  niav  have 
vested  ui  or  accnuMl  to  any  person  or  ])ei'son"S.  m  liis.  her.  or  their  own 
right,  or  in  any  fiduciary  cai)acity,  under  and  in  viituc  of  any  a<'t  of 


,S22  Cmn/ia—iSnS 

the  ooiiora]  assembly,  oi'  of  any  jiido^ment.  dorrpo.  or  order,  or  otliei' 
])roceedin<!;  of  any  conit  of  competent  jurisdiction  in  tliis  State,  since 
the  fii'st  day  of  .hininiry,  A.  I).  ei<ihteen  luindi'ed  and  sixty-one,  shall 
he  held  inviolate  by  all  courts  before  wliich  they  may  be  brought  in 
(juestion,  unless  attacked  for  fraud. 

Nine.  The  marriafje  relation  between  white  ])ersons  and  persons  of 
African  descent  is  forever  prohibited,  and  such  mai'i'iaae  shall  be  null 
and  void;  and  it  shall  be  the  duty  of  the  "(Mieral  asseml)ly  to  enact 
laws  for  the  punishment  of  any  officer  avIio  shall  knowinj>'ly  issue  a 
license  for  the  celebration  of  such  marriage,  or  any  officer  or  minister 
of  the  gosi^el  who  shall  marry  such  persons  together. 

Ten.  All  militia  and  county  officers  shall  be  elected  by  the  people, 
under  such  regulations  as  have  been  or  may  be  prescribed  by  law. 

Eleven.  This  constitution  shall  be  altered  or  amended  onh^  by  a 
conA'ention  of  the  peoi^le,  called  for  that  purpose  by  act  of  the  general 
assembl3\ 

Sigiled  November  T,  1865. 

Herschel  V.  Johnson,  President. 

Attest:  J.  D.  Waddell.  Secretari/. 


CONSTITUTION  OF  GEORGIA— 1868  "' 

PREAMBLE 

"We,  the  people  of  Georgia,  in  order  to  form  a  permanent  govern- 
ment, establish  justice,  insure  domestic  tranquillity,  and  secure  the 
blessings  of  liberty  to  ourselves  and  our  posterity,  acknowledging  and 
invoking  the  guidance  of  Almighty  God.  the  author  of  all  good  gov- 
ernment, do  ordain  and  establish  this  constitution  for  the  State  of 
Georgia : 

Article  I 

DECLARATION    OE   FUNDA:\IENTAL   PRINCIPLES 

Section  1.  Protection  to  person  and  property  is  the  paramount 
duty  of  government,  and  shall  be  impartial  and  complete. 

Sec.  2.  All  persons  born  or  naturalized  in  the  United  States,  and 
resident  in  this  State,  are  hereby  declared  citizens  of  this  State,  and 
no  laws  shall  be  made  or  er.forced  which  shall  abridge  the  privileges 
or  immunities  of  citizens  of  the  United  States,  or  of  this  State,  or 
deii}^  to  any  person  within  its  jurisdiction  the  equal  protection  of  its 
laws.  And  it  shall  be  the  duty  of  the  general  assembly,  by  appro- 
priate legislation,  to  protect  every  person  in  the  due  enjoyment  of  the 
rights,  privileges,  and  immunities  guaranteed  in  this  section. 

"A  convention,  called  by  order  of  ^lajor-General  Meade,  met  at  Atlanta  Decem- 
ber n,  1807,  and  submitted  this  constitution  to  the  people  March  11.  1S6S.  It 
was  ratified,  receiving  89,007  votes  against  71,.'>09  votes. 

^  See  "  .Tonrnal  of  the  Proceedings  of  the  Constitutional  Convention  of  the 
People  of  Georgia.  Held  in  the  Cit.v  of  Atlanta  in  the  Months  of  December,  1807. 
and  .Tanuaiy.  Fet)ruar,v  and  ^Nlaroh.  ISOS.  And  Ordinances  and  Resolutions 
Adopted.  Pulilished  b.v  Order  of  the  Convention.  Augusta.  Georgia :  E.  H. 
Pughe,  Book  and  .Tob  Printer.  1808."     pp.  540-.->02. 

See  also  The  Constitution  of  the  State  of  Georgia  with  full  Marginal  Notes 
and  a  Cojiious  and  Analytical  Index  Thereto,  by  John  L.  Conley.     1870.     88  pp. 


aron/ia—ISnS  .S23 

Sec.  ?>.  Xo  person  shall  he  deprived  of  life,  liberty,  oi'  property, 
except  by  dtie  process  of  law. 

Skc.  4.  There  shall  be  within  the  State  of  Georgia  neither  slavery 
nor  in\()luntary  servitude,  save  as  a  ]')nnishnient  for  rrini(^  after  l(\iral 
conviction  thereof. 

Skc.  T).  The  right  of  the  peoi^le  to  api)eal  to  the  courts,  to  p(4ition 
goveriunent  on  all  niatteis,  and  ju'aceably  to  assemble  for  the  <'on- 
sidei-ation  of  any  matter,  shall  nevei'  be  inji)aired. 

Sec.  C).  Perfect  freedom  of  religious  sentiment  shall  be,  and  the 
same  is  hereby,  secured,  and  no  inhabitant  of  this  State  shall  e\er 
be  molested  in  person  or  property,  or  prohibited  from  holding  any 
public  office  or  trust,  on  account  of  his  religions  opinion;  but  the 
liberty  of  conscience  hereby  secured  shall  not  be  so  construed  as  to 
excuse  acts  of  licentiousness  or  justify  practices  inconsistent  with 
the  peace  or  safety  of  the  peoi)le. 

Sec.  T.  Every  i^erson  charged  with  an  oft'ence  against  the  laws  shall 
have  the  privilege  and  benefit  of  counsel,  shall  be  furnished,  on  de- 
mand, with  a  copy  of  the  accusation  and  a  list  of  the  witnesses  on 
whose  testimony  the  charge  against  him  is  founded,  shall  have  com- 
])ulsory  process  to  obtain  the  attendance  of  his  own  witnesses,  shall 
be  confronted  Avith  the  witnesses  testifying  against  him.  and  shall 
have  a  public  and  speedy  trial  by  an  impartial  jury. 

Sec.  8.  Xo  person  shall  be  ])ut  in  jeopardy  of  life  or  liberty  more 
than  once  for  the  same  olfence,  save  on  his  or  her  own  motion  for  a 
new  trial  after  conviction,  oi-  in  case  of  mistrial. 

Sec.  0.  PVeeclom  of  speech  and  freedom  of  the  press  are  inherent 
elements  of  political  liberty.  But  while  every  citi/en  may  freely 
speak,  or  write,  or  print  on  any  subject,  he  shall  be  responsiI)le  for 
the  abuse  of  the  liberty. 

Sec.  10.  The  right  of  the  ])eople  to  be  secure  in  their  ])ers()ns, 
houses,  j)apers,  and  ett'ects  against  unreasonable  searches  and  seizures 
shall  not  l)e  violated;  and  no  warrant  shall  issue  but  111)011  probable 
cause,  supported  by  oath  or  affirmation,  })articularly  describing  the 
place  or  jjlaces  to  be  searched,  and  the  person  or  things  to  be  seized. 

Skc  11.  The  social  status  of  the  citizen  shall  never  l)e  the  subject 
of  legislation. 

Sec.  12.  Xo  person  shall  be  molested  for  his  oj)iiiions,  or  be  subject 
(o  any  civil  or  political  inca})acity,  or  acquii'e  any  civil  or  political 
advantage  in  consequence  of  such  opinions. 

Sec.  l'^.  The  writ  of  /itthc/is  corpus  shall  not  be  suspended  unless, 
in  case  of  rebellion  or  invasion,  the  public  safety  may  re([iiire  it. 

Sec.  14.  A  well-regulated  militia  being  necessary  to  the  security  of 
a  free  i)eople,  the  right  of  the  peo})le  to  keep  and  bear  arms  shall  not 
i)e  infringed;  but  the  general  assembly  shall  have  powei"  to  i)rescril)e 
by  law  the  manner  in  which  arms  may  be  borne. 

Sec.  15.  The  punishment  of  all  frauds  shall  be  i)i'ovided  by  law. 

Sec.  1G,  P^xcessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  infiicted,  nor  shall  any 
person  be  abused  in  being  arrested,  whilst  under  arivst,  or  in  i)iison. 

Sec.  17.  The  power  of  the  courts  to  punish  for  contempt  shall  be 
limited  by  legislative  acts. 

Sec.  is.  There  shall  be  no  im])risonment  foi'  debt. 

Sec.  1!>.    In  all  prosecutions  or  indictments  for  libel  the  liiith  may 


824  Georgia— 1868 

1)0  <>:iven  in  ovidenco,  and  tlir  jnrv  sliall  have  the  v\g\\\  to  detei'mine 
the  law  and  the  facts. 

Sec.  20.  Private  ways  may  he  granted  upon  just  (•()ni]>ensiiti()n 
l)eing  j)aid  ])y  the  applicant. 

Sec.  21.  All  penalties  shall  he  jji'oporl  ioiiccj  to  the  natiii'e  of  tlic 
( )  fl'ence. 

Sec.  22.  A^'hippin<>^  as  a  ])unishnient  for  crime,  is  prohihited. 

Sec.  2;^).  Xo  lottery  shall  he  authorized,  oi-  sale  of  lottery-tickets 
allowed,  in  this  State,  and  ade((uate  |)enalties  foi-  such  sale  shall  he 
j)rovided  hy  law. 

Sec.  24.  jVo  conviction  shall  work  corruption  of  hlood,  and  no  con- 
viction of  treason  shall  Avork  a  general  forfeiture  of  estate  longer  than 
during  the  life  of  the  person  attained. 
That  the  cause  or  causes  shall  he  notified  to  the  judge  so  intended  to 

Sec.  2.").  Treason  against  the  State  of  (ieorgia  shall  consist  only  in 
levying  war  against  the  State,  or  the  United  States,  or  adhering  to  the 
enemies  thereof,  giving  them  aid  and  comfort;  and  no  person  shall 
he  convicted  of  treason  except  on  the  testimony  of  two  witnesses  to 
the  same  overt  act,  or  his  own  confession  in  open  court. 

Sec.  20.  LaAvs  shall  have  a  general  operation,  and  no  general  law, 
affecting  private  rights,  shall  be  varied,  in  any  particular  case,  hy 
special  legislation,  except  with  the  free  consent,  in  Avriting,  of  all 
persons  to  be  affected  thereby;  and  no  person  under  legal  disability 
to  contract  is  ca,pable  of  such  free  consent. 

Sec.  27.  The  poAver  of  taxation  oA'er  the  Avhole  State  shall  be  exer- 
cised by  the  general  assembly  only  to  raise  revenue  for  the  support  of 
government,  to  i^ay  the  public  debt,  to  provide  a  general  school-fund, 
for  common  defence  and  for  public  improAement ;  and  taxation  on 
property  shall  be  ad  oalorem  only,  and  uniform  on  all  species  of 
l)roperty  taxed. 

Sec.  28.  The  general  assembly  may  grant  the  poAver  of  taxation  to 
county  authorities  and  municipal  corporations,  to  be  exercised  Avithin 
their  several  territorial  limits. 

Sec.  29.  Xo  poll-tax  shall  be  levied  except  for  educational  purposes, 
and  such  tax  shall  not  exceed  one  dollar  annually  on  each  poll. 

Sec.  30.  Mechanics  and  laborers  shall  have  liens  upon  the  property 
of  tjieir  em2)loyers  for  labor  performed  or  material  furnished,  and  the 
legislature  shall  provide  for  the  summary  enforcement  of  the  same. 

Sec.  31.  The  legislatiA^e,  executiA^e,  and  judicial  departments  shall 
be  distinct ;  and  each  department  shall  be  confided  to  a  separate  body 
of  magistracy.  Xo  person,  or  collection  of  persons,  being  of  one 
department,  shall  exercise  any  power  properly  attached  to  either  of 
the  others,  except  in  cases  herein  expressly  provided. 

Sec.  32.  LegislatiA^e  acts  in  violation  of  this  constitution,  or  the 
Constitution  of  the  United  States,  are  void,  and  the  judiciary  shall  so 
declare  them. 

Sec.  33.  The  State  of  Georgia  shall  cA'er  remain  a  member  of  the 
American  Union:  the  people  thereof  are  a  part  of  the  American 
nation;  eA'ery  citizen  thereof  oAves  paramount  allegiance  to  the  Con- 
stitution and  GoA'ernment  of  the  T'nited  States,  and  no  hnv  or  ordi- 
nance of  this  State,  in  contravention  or  subA'ersion  thereof,  shall  e\'er 
have  any  binding  force. 


Georgia— 1868  825 

AuiKLE    II 
FRANCHISE    AND    ELECTIONS 

Section  1.  In  all  elections  bv  the  people  the  electors  shall  vote  bv 
ballot. 

Sec.  -2.  E\  ei y  male  person  born  in  the  United  States,  and  every 
male  person  who  has  been  natnralized.  or  who  has  legally  declared 
his  intention  to  become  a  citizen  of  the  United  Stales,  twenty-one 
years  old  or  upward,  who  shall  have  resided  in  this  State  six  months 
next  preceding  the  election,  and  shall  have  resided  thirty  days  in  the 
county  in  which  he  offers  to  vote,  and  shall  have  paid  all  taxes  which 
may  have  been  required  of  him,  and  which  he  may  ha^'e  had  an  oppor- 
tunity of  paying,  agreeably  to  law,  for  the  year  preceding  the  elec- 
tion, (except  as  hereinafter  provided.)  shall  be  deemed  an  elector; 
and  every  male  citizen  of  the  United  States,  of  the  age  aforesaid, 
(except  as  hereinafter  provided.)  who  may  be  a  resident  of  the  State 
at  the  time  of  the  adoption  of  this  constitution,  shall  be  deemed  an 
elector,  and  shall  have  all  the  rights  of  an  elector,  as  aforesaid :  Pr<>- 
riifed.  That  no  soldier,  sailor,  or  marinein  the  military  or  naval  serv- 
ice of  the  United  States  shall  acquire  the  rights  of  an  elector  by  rea- 
son of  being  stationed  on  duty  in  this  State ;  and  no  jjerson  shall  vote 
who,  if  challenged,  shall  refuse  to  take  the  folloAving  oath : 

"I  do  swear  that  I  have  not  given  or  receivetl.  nor  do  I  expect  to 
give  or  receive,  any  monev,  treat,  or  other  thing  of  value,  by  which 
my  vote,  or  anv  vote,  is  aifected,  or  expected  to  be  affected,  at  this 
election,  nor  have  I  given  or  promised  any  reward,  or  made  any 
threat,  by  which  to  prevent  any  person  from  voting  at  this  election."' 

Sec.  3.  Xo  person  convicted  of  felony  or  larceny  before  any  couit 
of  this  State,  or  of  or  in  the  United  States,  shall  be  eligible  to  any 
office  or  apjiointment  of  honor  or  trust  within  this  State,  unless  he 
shall  have  been  pardoned. 

Sec  Jr.  Xo  person  who  is  the  holder  of  any  public  moneys  shall  be 
eligible  to  any  office  in  this  State  until  the  same  is  accounted  for  and 
paid  into  the  treasury. 

Sec,  5.  Xo  person  who,  after  the  adoption  of  this  constitution. 
l)eing  a  resident  of  this  State,  shall  engage  in  a  duel  in  this  State,  or 
elsewhere,  or  shall  send  or  accept  a  challenge,  or  be  aider  or  abettor 
to  such  duel,  shall  vote  or  hold  office  in  this  State;  and  every  such 
person  shall  also  be  subject  to  such  punishment  as  the  law  may  pre- 
scribe. 

Sec.  C.  The  general  assembly  may  provide,  froui  time  to  time,  for 
the  registration  of  all  electors,  but  the  following  classes  of  persons 
^hall  not  be  permitted  to  register,  vote,  or  hold  office:  1st.  Those  who 
shall  have  been  convicted  of  treason,  embezzlement  of  public  funds, 
malfeasance  in  office,  crime  punishable  by  law  with  imprisonment  in 
the  penitentiary,  or  bribery;  2d.  Idiots  or  insane  persons. 

Sec.  7.  Electors  shall,  in  all  cases  except  treason,  felony,  or  bi-each 
of  the  peace,  be  privileged  from  arrest  for  five  days  before  an  elec- 
tion, during  the  election,  and  two  days  subsequent  thereto. 

Sec.  S.  The  sale  of  intoxicating  liijuors  on  days  of  election  is  pro- 
hibited. 


826  Georgia— 1868 

8ec.  1).  Returns  of  election  for  all  civil  officers  elected  by  the  i)eo- 
ple,  who  are  to  be  commissioned  by  the  <rovernor,  and  also  for  the 
members  of  the  general  assembly,  shall  be  made  to  the  secretary  of 
state,  unless  otherwise  provided  by  law. 

Sec.  10.  The  general  assembly  shall  enact  laws  giving  adequate 
protection  to  electors  before,  during,  and  subsequent  to  elections. 

Sec.  11.  The  election  of  governor,  members  of  Congress,  and  of  the 
general  assembly,  after  the  year  18fi8.  shall  commence  on  the  Tues- 
day after  the  first  Monday  in  November,  unless  otherwise  provided 
by  law. 

Article  III 

LEGISLATIVE    DEPARTMENT 

Section  1.  One.  The  legislative  power  shall  be  vested  in  a  general 
assembly,  which  shall  consist  of  a  senate  and  house  of  representatives, 
and.  until  otherwise  directed,  the  members  thereof,  after  the  first 
election,  shall  be  elected,  and  the  returns  of  the  election  made,  as  now 
prescribed  by  law. 

Two.  The  members  of  the  senate  shall  be  elected  for  four  years, 
except  that  the  members  elected  at  the  first  election  from  the  twenty- 
two  senatorial  districts  numbered  in  this  constitution  with  odd  num- 
bers, shall  only  hold  their  office  for  two  years.  The  members  of  the 
house  of  representatives  shall  be  elected  for  two  years.  The  election 
for  members  of  the  general  assembly  shall  begin  on  Tuesday"  after 
the  first  Monday  in  November  of  every  second  year,  except  the  first 
election,  which  shall  be  within  sixty  days  after  the  adjournment  of 
this  convention;  but  the  general  assembly  may  by  law  change  the 
time  of  election,  and  the  members  shall  hold  until  their  successors  are 
elected  and  qualified. 

Three.  The  first  meeting  of  the  general  assembly  shall  be  within 
ninety  days  after  the  adjournment  of  this  convention,  after  which  it 
shall  meet  annually  on  the  second  Wednesday  in  January,  or  on  sucli 
other  day  as  the  general  assembly  may  prescribe.  A  majority  of  each 
house  shall  constitute  a  quorum  to  transact  business;  but  a  smaller 
number  may  adjourn  from  day  to  day.  and  compel  the  presence  of  its 
absent  members  as  each  house  may  provide.  No  session  of  the  gen- 
eral assembly,  after  the  second  under  this  constitution,  shall  continue 
longer  than  forty  days,  unless  prolonged  by  a  vote  of  two-thirds  of 
each  branch  thereof. 

Four.  No  person  holding  a  military  commission,  or  other  appoint- 
ment or  offices,  having  any  emolument  or  compensation  annexed 
thereto,  under  this  State  or  the  United  States,  or  either  of  them, 
except  justices  of  the  peace  and  officers  of  the  militia,  nor  any 
defaulter  for  public  money,  or  for  any  legal  taxes  required  of  him, 
shall  have  a  seat  in  either  house ;  nor  shall  any  senator  or  representa- 
tive, after  his  qualification  as  such,  be  elected  by  the  general  assembly, 
or  appointed  by  the  governor,  either  with  or  without  the  advice  and 
consent  of  the  senate,  to  any  office  or  appointment,  having  any  emolu- 
ment annexed  thereto,  during  the  time  for  which  he  shall  have  been 
elected. 

Five.  The  seat  of  a  member  of  either  house  shall  be  vacated  on  his 
removal  from  the  district  from  which  he  was  elected. 


Georgia— 1868  827 

» 

Sec.  2.  One.  There  shall  he  forty-four  senatorial  districts  in  this 
State,  composed  each  of  three  contiguous  counties,  from  each  of 
Avhich  districts  one  senator  shall  be  chosen.  Until  otherwise 
arranged,  as  hereinafter  provided,  the  said  districts  shall  be  consti- 
tuted as  follows: 

The  first  district,  of  Chatham,  Bryan,  and  Effingham. 

The  second  district,  of  Liberty.  Tatnall,  and  Mcintosh. 

The  third  district,  of  Wayne,  Pierce,  and  Appling. 

The  fourth  district,  of  Glynn,  Camden,  and  Charlton. 

The  fifth  district,  of  Coffee,  Ware,  and  Clinch. 

The  sixth  district,  of  P^chols,  Lowndes,  and  Berrien. 

The  seventh  district,  of  Brooks,  Thomas,  and  Colquitt. 

The  eighth  district,  of  Decatur,  Mitchell,  and  Miller. 

The  ninth  district,  of  Early,  Calhoun,  and  Baker. 

The  tenth  district,  of  Dougherty,  Lee,  and  "Wortli. 

The  eleventh  district,  of  Clay,  Randolph,  and  Terrell. 

The  twelfth  district,  of  Stewart,  Webster,  and  Quitman. 

The  thirteenth  district,  of  Sumter,  Schley,  and  Macon. 

The  fourteenth  district,  of  Dooly,  Wilcox,  and  Pulaski. 

The  fifteenth  district,  of  Montgomery,  Telfair,  and  Irwin. 

The  sixteenth  district,  of  Laurens,  Johnson,  and  Emanuel. 

The  seventeenth  district,  of  Bullock,  Scriven,  and  Burke. 

The  eighteenth  district,  of  Richmond,  Glascock,  and  Jefferson. 

The  nineteenth  district,  of  Taliaferro,  Warren,  and  Greene. 

The  twentieth  district,  of  Baldwin,  Hancock,  and  Washington. 

The  tAventy-first  district,  of  Twiggs,  Wilkinson,  and  Jones. 

The  twenty-second  district,  of  Bibb,  Monroe,  and  Pike. 

The  twenty-third  district,  of  Houston,  Crawford,  and  Taylor. 

The  twenty-fourth  district,  of  Marion,  Chattahoochee,  and  Mus- 
cogee. 

The  twenty-fifth  district,  of  Harris,  Upson,  and  Talbot. 

The  twenty-sixth  district,  of  Spalding.  Butts,  and  Fayette. 

The  twenty-seventh  district,  of  Xewton.  Walton,  and  Chirkc. 

The  twenty-eighth  district,  of  Jasper,  Putnam,  and  Morgan. 

The  twenty-ninth  district,  of  Wilkes,  Lincoln,  and  Columbia. 

The  thirtieth  district,  of  Oglethorpe.  ]\Iadison,  and  Elbert. 

The  thirty-first  district,  of  Hart,  Franklin,  and  Habersham. 

The  thirtv-second  district,  of  White,  Lumpkin,  and  Dawson. 

The  thirty-third  district,  of  Hall,  Banks,  and  Jackson. 

The  thirty-fourth  district,  of  Gwinnett,  DeKalb,  and  Henry. 

The  thirty-fifth  district,  of  Clayton,  Fulton,  and  Cobb. 

The  thirty-sixth  district,  of  ^leriwether,  Coweta,  and  Campbell. 

The  thirty-seventh  district,  of  Troup,  Heard,  and  Carroll. 

The  thirty-eighth  district,  of  Haralson,  Polk,  and  Paulding. 

The  thirty-ninth  district,  of  Cherokee,  ^lilton,  and  Forsyth. 

The  fortieth  district,  of  Union.  Towns,  and  Rabun. 

The  forty-first  district,  of  Fannin,  Gilmer,  and  Pickens. 

The  forty-second  district,  of  Bartow,  Floyd,  and  Chattooga. 

The  forty-third  district,  of  Murray,  Whitfield,  and  (iordon. 

The  forty-fourth  district,  of  Walker,  Dade,  and  Catoosa. 

If  a  new  county  be  established  it  shall  be  added  to  a  district  which 
it  adjoins,  and  from  which  the  larger  portion  of  its  territory  is  taken. 
The  senatorial  districts  may  be  changed  by  the  general  assembly,  but 


828  Georgia— 1868 

only  a(  the  iirst  session  after  tlie  pul>lication  of  each  census  l>y  the 
United  States  (lovernment,  and  their  number  shall  not  he  increased. 

Two.  The  senators  shall  be  citizens  of  the  United  States,  who  have 
attained  the  age  of  twenty-five  3'ears,  and  who,  after  the  first  election 
under  this  constitution,  shall  have  been  citizens  of  this  State  for  two 
years,  and  for  one  year  resident  of  the  district  from  which  elected. 

Three.  The  jjresiding  officer  of  the  senate  shall  be  styled  the  presi- 
dent of  the  senate,  and  shall  be  elected  rira  voce  from  the  senators. 

Four.  The  senate  shall  have  the  sole  power  to  try  impeachments. 
When  sitting  for  that  purpose  the  members  shall  l)e  on  oath  or 
affirmation,  and  shall  be  presided  over  by  one  of  the  judges  of  the 
supreme  court,  selected  for  that  purpose  by  a  viva-roee  vote  of  the 
senate;  and  no  person  shall  be  convicted  without  the  concurrence  of 
two-thirds  of  the  members  present.  Judgments  in  cases  of  impeach- 
ment shall  not  extend  further  than  removal  from  office,  and  disquali- 
fication to  hold  and  enjoy  any  office  of  honor,  trust,  or  profit  within 
this  State;  but  the  party  convicted  shall,  nevertheless,  be  liable  and 
subject  to  indictment,  trial,  judgment,  and  punishment  according  to 
law. 

Sec.  3.  One.  The  house  of  representatives  shall  consist  of  one  him- 
dred  and  seventy-five  representatives,  apportioned  as  follows :  to  the 
six  largest  counties,  to  wit,  Chatham,  Richmond,  Fulton,  Bibb,  Hous- 
ton, and  Burke,  three  representatives  each;  to  the  thirty-one  next 
largest,  to  wit,  Bartow,  Columbia,  Cobb,  Coweta,  Clarke,  Decatur, 
Dougherty,  Floyd,  Gwinnett,  Greene,  Hancock.  Harris.  Jefferson, 
Lee,  Muscogee,  Monroe,  Meriwether,  Morgan.  Macon.  Xewton.  Ogle- 
thorpe. Pulaski,  Randolph,  Sumter,  Stewart,  Troup,  Thomas,  Talbot. 
AVashington.  AVilkes,  and  AVarren,  two  representatives  each;  and  to 
the  remaining  ninety-five  counties,  one  representative  each. 

Two.  The  above  apportionment  may  be  changed  by  the  general 
assembly  after  each  census  by  the  United  States  Government,  but  in 
no  event  shall  the  aggregate  number  of  representatives  be  increased. 

Three.  The  representatives  shall  be  citizens  of  the  United  States 
Avho  have  attained  the  age  of  twenty-one  years,  and  who.  after  the 
first  election  under  this  constitution,  shall  have  been  citizens  of  this 
State  for  one  year,  and  for  six  months  resident  of  the  counties  from 
which  elected. 

Four.  The  presiding  officer  of  the  house  of  representatives  shall  be 
styled  the  speaker  of  the  house  of  representatives,  and  shall  be  elected 
viva  voce  from  the  body. 

Five.  The  house  of  representatives  shall  have  the  sole  power  to  im- 
peach all  persons  who  shall  have  been  or  may  be  in  office. 

Six.  All  liills  for  raising  revenue,  or  appropriating  money,  shall 
originate  in  the  house  of  representatives,  but  the  senate  may  propose 
or  concur  in  amendments,  as  in  other  bills. 

Sec.  4.  One.  Each  house  shall  be  the  judge  of  the  election,  returns, 
and  qualifications  of  its  members,  and  shall  have  power  to  punish 
them  for  disorderly  behavior,  or  misconduct,  by  censure,  fine,  impris- 
onment, or  expulsion;  but  no  member  shall  be  expelled,  except  by  a 
vote  of  two-thirds  of  the  house  from  which  he  is  expelled. 

Two.  Each  house  may  punish,  by  imprisonment,  not  extending 
beyond  the  session,  any  person,  not  a  member,  who  shall  be  guilty  of 
a  contempt  by  any  disorderly  behavior  in  its  presence,  or  who,  during 


Georgia— 1868  829 

the  session,  shall  threaten  injnry  to  the  person  or  estate  of  any  mem- 
ber for  anything  said  or  done  in  either  house,  or  who  shall  assault 
any  member  going  to  or  returning  therefrom,  or  Avho  shall  rescue  or 
attempt  to  rescue  any  j)erson  arrested  by  order  of  either  house. 

Three.  The  members  of  both  houses  shall  be  free  from  arrest  dur- 
ing their  attendance  on  the  general  assembly,  and  in  going  to  or  re- 
turning therefrom,  except  for  treason,  felony,  larceny,  or  breach  of 
the  peace ;  and  no  member  shall  be  liable  to  answer  in  any  other  place 
for  anything  spoken  in  debate  in  either  house. 

Four.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  pub- 
lish it  immediately  after  its  adjournment.  The  yeas  and  nays  of  the 
members  on  any  question  shall,  at  the  desire  of  one-fifth  of  the  mem- 
bers present,  be  entered  on  the  journal.  The  original  journal  shall 
be  preseryed,  after  publication,  in  the  office  of  the  secretary  of  state, 
but  there  shall  be  no  other  record  thereof. 

Five.  EA^er}^  bill,  before  it  shall  pass,  shall  be  read  three  times,  and 
on  three  separate  days,  in  each  house,  unless  in  cases  of  actual  inya- 
sion  or  insurrection.  Xor  shall  any  law  or  ordinance  pass  which 
refers  to  more  than  one  subject-matter,  or  contains  matter  different 
from  w  hat  is  expressed  in  the  title  thereof. 

Six.  All  acts  shall  be  signed  by  the  president  of  the  senate  and  the 
speaker  of  the  house  of  representatives;  and  no  bill,  ordinance,  or 
resolution,  intended  to  have  the  effect  of  a  law,  which  shall  have  been 
rejected  by  either  house,  shall  be  again  proposed  during  the  same 
session,  under  the  same  or  any  other  title,  without  the  consent  of 
two-thirds  of  the  house  by  which  the  same  was  rejected. 

Seven.  Neither  house  shall  adjourn  for  more  than  three  days,  nor 
to  any  other  place,  without  the  consent  of  the  other;  and  in  case  of 
disagreement  between  the  two  houses  on  a  question  of  adjournment, 
the  governor  may  adjourn  either  or  both  of  them. 

Eight.  The  officers  of  the  two  houses,  other  than  the  president  and 
speaker,  shall  be  a  secretary  of  the  senate,  and  clerk  of  the  house,  and 
an  assistant  for  each;  a  journalizing  clerk,  two  engrossing  and  two 
enrolling  clerks  for  each  house,  and  the  number  shall  not  be  increased 
except  by  a  vote  of  the  house.  And  their  pay,  as  well  as  the  pay  and 
mileage  of  the  members,  shall  be  fixed  b}'  law. 

Nine.  Whenever  the  constitution  requires  a  vote  of  two-thirds  of 
either  or  both  houses  for  the  passing  of  an  act  or  resolution,  the  yeas 
and  nays  on  the  passage  thereof  shall  be  entered  on  the  journal,  and 
all  Azotes  on  confirmations,  or  refusals  to  confirm  nominations  to  office 
by  the  governor,  shall  be  by  yeas  and  nays,  and  the  yeas  and  nays 
shall  be  recorded  on  the  journal. 

Ten.  Every  senator,  or  representative,  before  taking  his  seat,  shall 
take  an  oath,  or  affirmation,  to  support  the  Constitution  of  the  I'^nited 
States,  and  of  this  State;  that  he  has  not  practised  any  unlawful 
means,  directly  or  indirectly,  to  secure  his  election,  and  that  he  has 
not  given,  or  offered,  or  promised,  or  caused  to  be  given,  or  offered,  or 
promised,  to  any  person,  any  mone3^  treat,  or  thing  of  value,  with 
intent  to  affect  any  vote,  or  to  prevent  any  person  voting  at  the  elec- 
tion at  which  he  Avas  elected. 

Sec.  5.  One.  The  general  assembly  shall  have  power  to  make  all 
laws  and  ordinances,  consistent  with  this  constitution,  and  not  repug- 
nant to  the  Constitution  of  the  United  States,  which  they  shall  cleeni 
necessary  and  proper  for  the  w^elfare  of  the  State. 
7251— VOL  1—07 5.5. 


830  Georgia— 1868 

Tavo.  The  general  assembly  may  alter  the  boundaries  of,  or  lay  off 
or  establish  ne-w  counties,  or  abolish  counties,  attaching  the  territory 
thereof  to  contiguous  counties ;  but  no  new  county  shall  be  established 
except  by  a  vote  of  two-thirds  of  each  house ;  nor  shall  any  county  be 
abolished  except  by  a  vote  of  tAvo-thirds  of  each  house,  and  after  the 
qualified  voters  of  the  county  shall,  at  an  election  held  for  the  purpose, 
so  decide. 

Sec.  C).  One.  No  money  shall  be  draAvn  from  the  treasurj^  except  by 
api^ropriation  made  by  law;  and  a  regular  statement  and  account  of 
the  receipt  and  expenditure  of  all  public  money  shall  be  published 
from  time  to  time,  and,  also,  with  the  laws  passed  by  each  session  of 
the  general  assembly. 

Two.  No  vote,  resolution,  law,  or  order,  shall  pass,  granting  a  dona- 
tion, or  gratuity,  in  favor  of  an}^  person,  except  by  the  concurrence 
of  two-thirds  of  each  branch  of  the  general  assembly,  nor,  by  any  vote, 
to  a  sectarian  corporation  or  association. 

Three.  Xo  law  or  section  of  the  code  shall  be  amended  or  repealed 
by  mere  reference  to  its  title,  or  to  the  number  of  the  section  in  the 
code,  but  the  amending  or  repealing  act  shall  distinctly  and  fully 
describe  the  law  to  be  amended  or  repealed,  as  well  as  the  alteration 
to  be  made ;  but  this  clause  shall  be  construed  as  directory  only  to  the 
general  assembly. 

P'our.  No  law  shall  be  passed  by  which  a  citizen  shall  be  compelled 
against  his  consent,  directh^  or  indirectly,  to  become  a  stockholder  in. 
or  contribute  to,  any  railroad  or  work  of  public  improvement,  except 
in  the  case  of  the  inhabitants  of  a  corporate  town  or  cit}^  In  such 
cases,  the  general  assembly  may  permit  the  corporate  authorities  to 
take  such  stock,  or  make  such  contribution,  or  engage  in  such  work, 
after  a  majority  of  the  qualified  voters  of  such  town  or  city,  voting 
at  an  election  held  for  the  purpose,  shall  have  voted  in  favor  of  the 
same ;  but  not  otherwise. 

Five.  The  general  assembly  shall  have  no  power  to  grant  corporate 
powers  and  privileges  to  private  companies,  except  to  banking,  insur- 
ance, railroad,  canal,  navigation,  mining,  express,  lumber,  manufac- 
turing, and  telegraph  companies;  nor  to  make  or  change,  election 
precincts;  nor  to  establish  bridges  or  ferries;  nor  to  change  names 
or  legitimate  children;  but  it  shall  prescribe,  by  law,  the  manner  in 
Avhich  such  powers  shall  be  exercised  by  the  courts.  But  no  charter 
for  any  bank  shall  be  granted  or  extended,  and  no  act  passed  authoriz- 
ing the  suspension  of  specie  payments  by  an}^  bank,  except  by  a  vote 
of  tAvo-thirds  of  the  general  assembly.  The  general  assembly  shall 
pass  no  law  naming  the  State  a  stockholder  in  any  corporate  com- 
pany; nor  shall  the  credit  of  the  State  be  granted  or  loaned  to  aid 
any  company  without  a  provision  that  the  Avhole  property  of  the  com- 
pan}^  shall  be  bound  for  the  security  of  the  State,  prior  to  any  other 
debt  or  lien,  excej)t  to  laborers;  nor  to  any  company  in  which  there 
is  not  already  an  equal  amount  invested  by  private  persons;  nor  for 
any  other  object  than  a  work  of  public  improvement.  No  provision 
in  this  constitution  for  a  two-thirds  vote  of  both  houses  of  the  general 
assembly  shall  be  construed  to  waive  the  necessity  for  the  signature 
of  the  governor,  as  in  any  other  cases,  except  in  the  case  of  the  two- 
thirds  vote  required  to  override  the  veto. 


Georgia— 1868  831 

Article  IV 

EXECUTIVi;    DEPARTMENT 

Section  1.  One.  The  executive  power  shall  be  vested  in  a  governor, 
who  shall  hold  his  office  during  the  term  of  four  years,  and  until  such 
time  as  a  successor  shall  be  chosen  and  qualihed.  Tie  shall  have  a 
competent  salary,  established  by  law,  which  shall  not  be  increased  or 
diminished  during  the  period  for  which  he  shall  have  been  elected; 
nor  shall  he  receiA'e  within  that  period  any  other  emolument  fi-om  the 
United  States,  or  either  of  them,  or  from  any  foreign  power. 

Two.  After  the  first  election,  the  governor  shall  be  elected  quad- 
rennially, by  the  jiersons  qualified  to  vote  for  members  of  the  general 
assembly,  on  the  Tuesday  after  the  first  Monday  in  November,  until 
such  time  be  altered  by  law,  which  election  shall  be  held  at  the  places 
of  holding  general  elections  in  the  several  counties  of  this  State,  in 
the  same  manner  as  is  prescribed  for  the  election  of  members  of  the 
general  assembly.  The  returns  for  every  election  of  governor,  after 
the  first,  shall  be  sealed  up  by  the  managers,  separately  from  other 
returns,  and  directed  to  the  president  of  the  senate  and  speaker  of 
the  house  of  representatives,  and  transmitted  to  his  excellenc^^  the 
governor,  or  the  person  exercising  the  duties  of  governor  for  the  time 
being,  Avho  shall,  Avithout  oi)ening  the  said  returns,  cause  the  same 
to  be  laid  before  the  senate  on  the  day  after  the  two  houses  shall  have 
l)een  organized;  and  they  shall  be  transmitted  by  the  senate  to  the 
house  of  representatives.  The  members  of  each  !)ranch  of  the  general 
assembly  shall  convene  in  the  rejiresentative  hall,  and  the  president  of 
the  senate  and  the  speaker  of  the  house  of  representatives  shall  open 
and  publish  the  returns  in  the  ]:»resence  of  the  general  assembly ;  and 
the  person  having  the  majority  of  the  whole  number  of  votes  given 
shall  be  declared  duly  elected  governor  of  this  State ;  but  if  no  person 
have  such  majority,  then  from  the  two  persons  having  the  highest 
number  of  votes,  who  shall  be  in  life,  and  shall  not  decline  an  election 
at  the  time  appointed  for  the  legislature  to  elect,  the  general  assem- 
bly shall  immediateh"  elect  a  governor  cica  voce;  and  in  all  cases  of 
election  of  a  governor  by  the  general  assembly,  a  majority  of  the 
votes  of  the  members  present  shall  be  necessary  for  a  choice.  Con- 
tested elections  shall  be  determined  by  both  houses  of  the  general 
assembly,  in  such  manner  as  shall  be  prescribed  by  law. 

Three.  No  person  shall  be  eligible  to  the  office  of  governor  who 
shall  not  have  been  a  citizen  of  the  United  States  fifteen  years,  and  a 
citizen  of  this  State  six  years,  and  who  shall  not  have  attained  the  age 
of  thirty  years. 

Four,  tn  case  of  the  death,  resignation,  or  disability  of  the  gov- 
ernor, the  president  of  the  senate  shall  exercise  the  executive  jKiwers 
of  the  government  imtil  such  disability  be  removed  or  a  successor  is 
elected  and  qualified.  And  in  case  of  the  death,  resignation,  or  dis- 
ability of  the  president  of  the  senate,  the  speaker  of  the  house  of 
re])resentatives  shall  exercise  the  executive  powers  of  the  govermnent 
until  the  removal  of  the  disability  or  the  election  and  qualification  of 
a  govei-nor.  The  genei'al  assembly  shall  have  jioAver  to  ))r()\ide  by 
law  for  filling  unexpired  terms  by  a  special  election. 


832  Georgia— h%'8 

Five.  The  ofovornor  shall,  before  he  enters  on  the  duties  of  his  office, 
take  the  following  oath  or  affirmation:  "I  do  solemnly  swear  (or 
affirm,  as  the  case  may  be)  that  I  Avill  faithfully  execute  the  office  of 
governor  of  the  State' of  Georgia,  and  will,  to  the  best  of  my  ability, 
preserve,  protect,  and  defend  the  constitution  thereof,  and  the  Con- 
stitution of  the  United  States  of  America." 

Sec.  2.  One.  The  governor  shall  be  commander-in-chief  of  the  army 
and  navy  of  this  State,  and  of  the  militia  thereof. 

Two.  He  shall  have  power  to  grant  reprieves  and  pardons,  to  com- 
mute penalties,  and  to  remit  any  part  of  a  sentence  for  offences  against 
the  State,  except  in  cases  of  impeachment. 

Three.  Pie  shall  issue  writs  of  election  to  fill  all  vacancies  that 
happen  in  the  senate  or  house  of  representatives,  and  shall  have  power 
to  convoke  the  general  assembly  on  extraordinary  occasions,  and  shall 
give  them,  from  time  to  time,  information  of  the  state  of  the  common- 
wealth, and  recommend  to  their  consideration  such  measures  as  he 
may  deem  necessary  and  expedient. 

Four.  AAHien  any  office  shall  become  vacant  by  death,  resignation, 
or  otherAvise,  the  governor  shall  have  power  to  fill  such  vacancy,  unless 
otherwise  provided  by  law;  and  persons  so  appointed  shall  continue 
in  office  until  a  successor  is  appointed,  agreeably  to  the  mode  pointed 
out  by  this  constitution,  or  by  law,  in  pursuance  thereof. 

Five.  A  person  once  rejected  by  the  senate  shall  not  be  reappointed 
by  the  governor  to  the  same  office  during  the  same  session,  or  the 
recess  thereafter. 

Six.  The  governor  shall  have  the  revision  of  all  bills  passed  by  both 
houses  before  the  same  shall  become  law^s,  but  two-thirds  of  each  house 
may  pass  a  law,  notwithstanding  his  dissent,  and  if  any  bill  should 
not  be  returned  by  the  governor  Avithin  five  days  (Sunday  excepted) 
after  it  has  been  presented  to  him,  the  same  shall  be  a  law,  unless  the 
general  assembly,  by  their  adjournment,  shall  prevent  its  return.  He 
may  approve  any  appropriation  and  disapprove  any  other  appropria- 
tion in  the  same  bill,  and  the  latter  shall  not  be  effectual  unless  passed 
by  two-thirds  of  each  house. 

'  Seven.  Every  vote,  resolution,  or  order,  to  which  the  concurrence 
of  both  houses  may  be  necessary,  except  on  a  question  of  election  or 
adjournment,  shall  be  presented  tc  the  governor,  and  before  it  shall 
take  eifect  be  approved  by  him,  or,  being  disapproved,  shall  be  re- 
passed by  two-thirds  of  each  house,  according  to  the  rules  and  limita- 
tions prescribed  in  case  of  a  bill. 

Eight.  There  shall  be  a  secretary  of  state,  a  comptroller-general,  a 
treasurer,  and  surveyor-general,  elected  by  the  general  assembly,  and 
they  shall  hold  their  offices  for  the  like  period  as  the  governor,  and 
shall  have  a  competent  salary,  which  shall  not  be  increased  or  dimin- 
ished during  the  period  for  which  they  shall  haA^e  been  elected.  The 
general  assembly  may,  at  any  time,  consolidate  any  tAvo  of  these 
offices,  and  require  all  the  duties  to  be  discharged  by  one  officer. 

Nine.  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 
Avriting  but  by  order  of  the  governor,  or  general  assembly :  and  that 
now  in  use  shall  be  the  great  seal  of  the  State  until  otherwise  proA'ided 
by  law. 

Ten.  The  goA-ernor  shall  haA-e  power  to  appoint  his  OAvn  secretaries, 
not  exceeding  tAvo  in  number,  unless  more  shall  be  authorized  by  the 
general  assembly. 


Georgia— 1868  833 

Artk  Li:  \ 

JUDICIAL    DEl'Airr.MENT 

Section  1.  One.  The  judicial  powers  of  this  State  shall  be  vested 
in  a  supreme  court,  superior  courts,  courts  of  ordinary,  justices  of  the 
peace,  commissioned  notaries  public,  and  such  other  courts  as  have 
been  or  may  be  established  by  law. 

Sec.  2.  One.  The  supreme  court  shall  consist  of  three  judofes,  two 
of  whom  shall  constitute  a  quorum.  When  a  majority  of  the  judges 
are  disqualified  from  decidinc:  any  case,  by  interest  or  otherwise,  the 
o^overnor  shall  designate  certain  judges  of  the  superior  courts  to  sit 
in  their  stead.  At  the  first  appointment  of  judges  of  the  supreme 
court  under  this  constitution,  one  shall  be  appointed  for  four  years, 
one  for  eight  years,  and  one  for  twelve  years;  but  all  subsequent 
appointments,  except  to  fill  unexpired  terms,  shall  be  for  the  term  of 
twelve  years. 

Two.  The  supreme  court  shall  have  no  original  jurisdiction,  but 
shall  be  a  court  alone  for  the  trial  and  correction  of  errors  from  the 
superior  courts  and  from  the  city  courts  of  Savannah  and  Augusta, 
and  such  other  like  courts  as  may  be  hereafter  established  in  other 
cities;  and  shall  sit  at  the  seat  of  government  at  such  times  in  each 
year  as  shall  be  prescribed  by  law,  for  the  trial  and  determination  of 
writs  of  error  from  said  superior  and  city  courts.  The  days  on  which 
the  cases  from  the  several  circuits  and  city  courts  shall  be  taken  up 
by  the  court  shall  be  fixed  by  law. 

Three.  The  supreme  court  shall  dispose  of  every  case  at  the  first 
or  second  term  after  such  writ  of  error  is  brought;  and  in  case  the 
plaintiff  in  error  shall  not  be  prepared  at  the  first  term  to  prosecute 
the  case,  unless  prevented  by  providential  cause,  it  shall  be  stricken 
from  the  docket,  and  the  judgment  below  shall  stand  affirmed.  In 
any  case  the  court  may,  in  its  discretion,  withhold  its  judgment  until 
the  next  term  after  the  same  is  argued. 

Four.  When  only  two  judges  sit  in  any  case,  and  they  disagree, 
the  judgment  below  shall  stand  affirmed. 

Sec.  3.  One.  There  shall  be  a  judge  of  the  superior  courts  for  each 
judicial  circuit.  He  may  act  in  other  circuits  when  authorized  by 
law.  At  the  first  appointment  of  such  judges  under  this  constitution, 
one-half  of  the  number  (as  near  as  may  be)  shall  be  appointed  for 
four  years,  and  the  other  half  for  eight  years;  but  all  subsequent 
appointments,  except  to  fill  unexpired  terms,  shall  be  for  the  term 
of  eight  years. 

Two.  The  superior  courts  shall  have  exclusive  jurisdiction  in  cases 
of  divorce:  in  criminal  cases,  where  the  offender  is  subjected  to  loss 
of  life  or  confinement  in  the  penitentiary;  in  cases  res])ecting  titles 
to  land  and  equity  cases,  except  as  hereinafter  provided;  but  the 
general  assembly  shall  have  ])ower  to  merge  the  connnon  law  and 
equity  jurisdiction  of  said  courts.  Said  courts  shall  have  jurisdiction 
in  all  other  civil  cases,  except  as  hereinafter  provided.  They  shall 
have  appellate  jurisdiction  in  all  such  cases  as  may  be  jjrovided  by 
law ;  they  shall  have  power  to  correct  errors  in  inferior  judicatories, 
by  writ  of  certtorar'u  which  shall  only  issue  on  the  sanction  of  the 
judge;  and  to  issue  Avrits  of  mandamiix,  })rohibition.  .scire  fdcid.s,  and 
all  other  writs  that  may  be  necessary  for  carrying  their  powers  fully 


834  Georgia— 1868 

into  efl'ect,  and  shall  have  such  other  poAvers  as  shall  be  conferred  on 
them  by  law. 

Three.  There  shall  be  no  appeal  from  one  jury  in  the  superior 
courts  to  another,  but  the  court  may  grant  new  trials  on  lejjral  <>:rounds. 
The  court  shall  render  judg-ment  Avithout  the  verdict  of  a  jurj^  in 
all  civil  cases  founded  on  contract,  where  an  issuable  defence  is  not 
filed  on  oath. 

Four.  The  superior  courts  shall  sit  in  each  county  not  less  than 
twice  in  each  year,  at  such  times  as  have  been  or  may  be  appointed  by 
law. 

Sec.  4.  One.  Until  the  general  assembly  shall  otherwise  direct, 
there  shall  be  a  district  judge  and  a  district  attorney  for  each  sena- 
torial district  in  this  State. 

Tavo.  The  district  judge  shall  have  jurisdiction  to  hear  and  deter- 
mine all  offences  not  punishable  with  death  or  imprisonment  in  tne 
penitentiary;  and  it  shall  be  the  duty  of  the  district  attorney  to 
I'epresent  the  State  in  all  cases  before  the  district  judge. 

Three.  The  district  judge  shall  sit  at  stated  times,  not  less  than 
once  in  each  month  in  each  county  in  his  district  for  the  trial  of 
offences,  and  at  such  other  times  as  the  general  assembly  may  direct. 

Four.  Offences  shall  be  tried  before  the  district  judge  on  a  writ- 
ten accusation  founded  on  affidavit;  said  accusation  shall  plainly 
set  forth  the  offence  charged,  and  shall  contain  the  name  of  the 
accuser,  and  be  signed  by  the  district  attorney. 

Five.  There  shall  be  no  jury-trial  before  the  district  judge  except 
when  demanded  by  the  accused,  in  which  case  the  jury  shall  consist 
of  seven. 

Six.  Such  civil  jurisdiction  may  be  conferred  on  the  district  judges 
as  the  general  assembly  may  direct. 

Seven.  The  district  judges  and  attorneys  shall  hold  their  offices  for 
a  period  of  four  years,  and  shall  receive  for  their  services  such  stated 
compensation  in  their  respective  districts  as  may  be  provided  by  law, 
l)ut  in  no  event  shall  their  compensation  be  in  anywise  dependent  on 
fines,  forfeitures,  or  costs. 

Sec.  5.  One.  The  poAvers  of  a  court  of  ordinary  and  of  probate  shall 
be  A^ested  in  an  ordinary  for  each  county,  from  Avhose  decision  there 
may  be  an  appeal  to  the  superior  court,  under  regulations  prescribed 
by  laAv. 

Tavo.  The  courts  of  ordinary  shall  haA^e  such  poAvers  in  relation  to 
roads,  bridges,  ferries,  public  buildings,  paupers,  county  officers, 
county  funds  and  taxes,  and  other  matters,  as  shall  be  conferred  on 
them  by  laAv. 

Three.  The  ordinary  shall  hold  his  office  for  the  term  of  four  years, 
and  until  his  successor  is  elected  and  qualified. 

Sec.  G.  One.  There  shall  be  in  each  district  one  justice  of  the  peace, 
Avhose  official  term,  except  Avhen  elected  to  fill  an  unexpired  term,  shall 
be  four  years. 

Tavo.  The  justices  of  the  peace  shall  haA^e  jurisdiction,  except  as 
hereinafter  provided,  in  all  civil  cases  Avhere  the  principal  sum  claimed 
does  not  exceed  one  hundred  dollars,  and  may  sit  at  auA^  time  for  the 
trial  of  such  cases;  but  in  cases  Avhere  the  sum  claimed  is  more  than 
fifty  dollars,  there  may  be  an  appeal  to  the  superior  court,  under  such 
regulations  as  may  be  prescribed  by  laAV. 

Three.  There  shall  be  no  appeal  to  a  jury  from  the  decision  of  a 
justice  of  the  peace,  except  as  proAnded  in  the  foregoing  paragraph. 


Georgia— 1868  835 

Four.  Notaries  public  may  be  appointed  and  commissioned  by  the 
ffovernor,  not  to  exceed  one  for  each  militia  district,  for  a  term  of 
four  years,  and  shall  be  ex-o-lficio  justices  of  the  peace. 

Sec.  7.  One.  There  shall  be  an  attornej^-general  of  the  State,  whose 
official  term,  except  when  appointed  to  fill  an  unexpired  term,  shall 
he  four  years. 

Two.  It  shall  be  the  duty  of  the  attorney-general  to  act  as  the  legal 
adviser  of  the  executive  department,  to  represent  the  State  in  all  civil 
and  criminal  cases  in  the  supreme  and  superior  courts  when  required 
by  the  governor,  and  to  perform  such  other  services  as  shall  be 
required  of  him  by  law. 

.  Sec.  8.  One.  There  shall  be  a  solicitor-general  for  each  judicial  cir- 
cuit, whose  official  term,  except  when  apjjointed  to  fill  an  unexpired 
term,  shall  be  four  years. 

Two.  It  shall  be  the  duty  of  the  solicitor-general  to  represent  the 
State  in  all  cases  in  the  superior  courts  of  his  circuit,  and  in  all  cases 
taken  up  from  his  circuit  to  the  supreme  court,  and  to  perform  such 
other  services  as  shall  be  required  of  him  by  law. 

Sec.  9.  One.  The  judges  of  the  supreme  and  the  superior  courts, 
the  attorney -general,  solicitors-general,  and  the  district  judges  and 
attorneys,  shall  be  appointed  by  the  governor,  with  the  advice  and 
consent  of  the  senate,  and  shall  be  removable  by  the  governor  on  the 
address  of  two-thirds  of  each  branch  of  the  general  assembly,  or  by 
impeachment  and  conviction  thereon. 

Two.  Justices  of  the  jjeace  shall  be  elected  by  the  legal  voters  in 
their  respective  districts,  and  shall  be  commissioned  by  the  governor. 
They  shall  be  removable  on  conviction  for  malpractice  in  office. 

Sec.  10.  One.  The  judges  of  the  supreme  and  superior  courts  and 
the  attorney  and  solicitors  general  shall  have,  out  of  the  State  treas- 
wvy,  adequate  and  honorable  salaries  on  the  specie  basis,  which  shall 
not  be  increased  or  diminished  during  their  continuance  in  office.  The 
district  judges  and  district  attorneys  shall  receive,  out  of  the  treas- 
uries of  the  several  counties  of  their  districts,  adequate  compensation, 
on  the  specie  basis,  which  shall  not  be  increased  or  diminished  during 
their  term  of  office;  but  said  judges  shall  not  receive  any  other  per- 
quisites or  emoluments  whatever  from  parties  or  others  on  account  of 
any  duty  required  of  them. 

Two.  The  general  assembly  shall  provide  for  the  equitable  appor- 
tionment of  the  compensation  of  the  district  judges  and  attorneys 
between  the  counties  composing  their  districts,  and  shall  require  the 
moneys  arising  from  fines  and  forfeitures  in  the  district  courts  to  be 
paid  into  the  treasuries  thereof. 

Three.  No  person  shall  be  judge  of  the  supreme  or  superior  courts, 
or  attorney-general,  unless  at  the  time  of  his  appointment  he  shall 
have  attained  the  age  of  thirty  years,  and  shall  have  been  a  citizen  of 
this  State  three  years,  and  have  practised  law  for  seven  years. 

Sec.  11.  One.  No  total  divorce  shall  be  granted  except  on  the  con- 
current verdicts  of  two  juries.  When  a  divorce  is  granted,  the  jury 
rendering  the  final  verdict  shall  determine  the  rights  and  disabilities 
of  the  parties,  subject  to  the  revision  of  the  court. 

Sec.  12.  One.  Divorce  cases  shall  be  tried  in  the  county  where  the 
defendant  resides,  if  a  resident  of  this  State. 

Two.  Criminal  cases  shall  be  tried  in  the  county  where  the  crime 
was  connnitted,  except  cases  in  the  superior  courts  when  the  presiding 


836  Georgia— 1808 

judge  is  satisfied  thai  an  iiiijiartial  jiiiy  caniiol  he  obtained  in  such 
county. 

Three.  Cases  I'cspecting  titles  to  land  shall  he  ti'ied  in  the  county 
where  the  land  lies,  excei)t  where  a  single  tract  is  di\ided  by  a  coiinty- 
line,  in  which  case  the  superior  court  of  either  county  shall  have  juris- 
diction. 

Four.  Equity  cases  shall  be  tried  in  the  county  where  a  defendant 
resides  against  whom  substantial  relief  is  prayed. 

Five.  Suits  against  joint  promisors,  copartners,  or  joint  trespassers, 
residing  in  different  counties,  may  be  tried  in  either  county. 

Six.  Suits  against  the  maker  and  indorser  of  promissory  notes,  or 
other  like  instruments,  residing  in  different  counties,  shall  be  tried  in 
.the  county  where  the  maker  resides. 

Seven.  All  other  cases  shall  be  tried  in  the  county  where  the 
defendant  resides. 

Sec.  13.  One.  The  right  of  trial  by  jury,  except  where  it  is  other- 
wise provided  in  this  constitution,  shall  remain  inviolate. 

Two.  The  general  assembly  shall  provide  by  law^  for  the  selection 
of  upright  and  intelligent  persons  to  serve  as  jurors.  There  shall  be 
no  distinction  between  the  classes  of  persons  who  compose  grand  and 
IDetit  juries.  Jurors  shall  receive  adequate  compensation  for  their 
services,  to  be  prescribed  by  law. 

Sec.  14.  One.  The  courts  heretofore  existing  in  this  State  styled 
inferior  courts  are  abolished,  and  their  unfinished  business,  and  the 
duties  of  the  justices  thereof,  are  transferred  to  such  tribunals  as  the 
general  assembly  may  designate. 

Sec.  15.  One.  The  general  assembly  shall  have  power  to  provide 
for  the  creation  of  county  commissioners  in  such  counties  as  may 
require  them,  and  to  define  their  duties. 

Sec.  16.  One.  All  courts  not  specially  mentioned  by  name  in  the 
first  section  of  this  article  may  be  abolished  in  any  county,  at  the  dis- 
cretion of  the  general  assembl}^,  and  the  county  courts  now  existing  in 
Georgia  are  hereby  abolished. 

Sec.  17.  One.**  No  court  of  officer  shall  have,  nor  shall  the  general 
assembly  give,  jurisdiction  or  authority  to  try  or  give  judgment  on 

a  The  act  of  Congress,  approved  June  25,  1868,  admitting  tlie  State  of  Georgia 
to  representation  in  Congress,  amended  and  abridged  this  subdivision,  which  in 
the  original  constitution  read  as  follows : 

"  Sec.  17.  One.  No  court  in  this  State  shall  have  jurisdiction  to  try  or  deter- 
mine any  suit  against  any  resident  of  this  State  upon  any  contract  or  agreement 
made  or  implied,  or  upon  any  contract  made  in  renewal  of  any  debt  existing 
prior  to  the  1st  day  of  June,  1865 ;  nor  shall  any  court  or  ministerial  officer  of 
this  State  have  authority  to  enforce  any  judgment,  execution,  or  decree  ren- 
dered or  issued  upon  any  contract  or  agreement  made  or  implied,  or  upon  any 
contract  in  renewal  of  a  debt  existing  prior  to  the  1st  day  of  June,  1865.  except 
in. the  following  cases: 

"  1.  In  suits  against  trustees,  where  the  trust-property  is  in  the  hands  of  the 
trustee,  or  has  been  invested  by  him  in  other  specific  effects  now  in  his  hands, 
and  in  suits  by  the  vendor  of  real  estate  against  the  vendee,  where  not  more  than 
one-third  of  the  purchase-money  has  been  paid,  and  the  vendee  is  in  possession 
of  the  land  or  specific  effects  for  which  he  has  sold  it,  and  he  refuses  to  deliver 
the  land  or  said  effects  to  the  vendor.  In  such  cases  the  courts  and  officers 
may  entertain  jurisdiction  and  enforce  judgments  against  said  trust-property  or 
land  or  effects. 

"  2.  In  suits  for  the  benefit  of  minors  by  trustees  appointed  before  the  1st  day 
of  June,  1865. 

"3.  In  suits  against  corporations  in  their  corporate  capacity,  but  not  so  as  to 


Georgia— 1868  837 

or  enforce  any  debt,  the  consideration  of  ^vhich  was  a  slave  or  slaves, 
or  the  hire  thereof. 

Two.  All  contracts  made  and  not  executed  durin<j;  the  late  rel)ellion, 
with  the  intention  and  for  the  purpose  of  aiding-  and  encouraging  said 
rebellion,  or  where  it  was  the  purpose  and  intention  of  any  one  of  the 
parties  to  such  contract  to  aid  or  encourage  such  rebellion,  and  that 
fact  was  known  to  the  other  party,  whether  said  contract  was  made 
l)y  any  person  or  corporation  with  the  State  or  Confederate  States,  or 
by  a  corporation  with  a  natural  person,  or  between  two  or  more 
natural  persons,  are  hereby  declared  to  have  been  and  to  be  illegal, 
and  all  bonds,  deeds,  promissory  notes,  bills,  or  other  evidences  of 
debt,  made  or  executed  by  the  parties  to  such  contract,  or  either  of 
them,  in  connection  with  such  illegal  contract,  or  as  the  consideration 
therefor  or  in  furtherance  thereof,  are  hereby  declared  null  and  void, 
.md  shall  be  so  held  in  all  courts  in  this  State  when  attempt  shall  be 
made  to  enforce  any  such  contract  or  give  validity  to  any  such  obliga- 
tion or  evidence  of  debt.  And  in  all  cases  when  the  defendant  or 
any  one  interested  in  the  event  of  the  suit  will  make  a  plea,  supported 
by  his  or  her  affidavit,  that  he  or  she  has  reason  to  believe  that  the 
obligation  or  evidence  of  indebtedness  upon  which  the  suit  is  predi- 
cated, or  some  part  thereof,  has  been  given  or  used  for  the  illegal 
purpose  aforesaid,  the  burden  of  proof  shall  be  upon  the  plantiff  to 
satisfy  the  court  and  jury  that  the  bond,  deed,  note,  bill,  or  other 
evidence  of  indebtedness  upon  which  said  suit  is  brought,  is  or  are 
not,  nor  is  any  part  thereof,  founded  upon  or  in  any  way  connected 
with  any  such  illegal  contract,  and  has  not  been  used  in  aid  of  the 
i-ebellion,  and  the  date  of  such  bond,  deed,  note,  bill,  or  other  evidence 
of  indebtedness  shall  not  be  evidence  that  it  has  or  has  not,  since  its 
date,  been  issued,  transferred,  or  used  in  aid  of  the  rebellion." 

enforce  the  debt  against  the  stockholders  or  officers  thereof  in  their  individual 
capacity. 

"4.  In  suits  by  charitable  or  literary  institutions  for  money  loaned.  j)ri)i)erty 
(othex  than  slaves)  sold,  or  services  rendered  by  such  institutions. 

"5.  In  suits  on  debts  due  for  mechanical  or  manual  labor  when  the  suit  is  l)y 
the  mechanic  or  laborer. 

"  ().  In  cases  when  the  debt  is  set  up  by  way  of  defence,  and  the  debt  set  up 
e.xceeds  any  debt  due  by  defendant  to  plaintiff  of  which  the  courts  are  denied 
jurisdiction. 

"7.  In  all  other  cases  in  which  the  general  assembly  shall,  by  law.  give  the 
said  courts  and  officers  jurisdiction:  J'roridcd.  That  no  court  or  officer  shall 
have,  nor  shall  the  general  assembly  give,  jurisdiction  or  authority  to  try  or 
give  judgment  on  or  enforce  any  debt,  the  consideration  of  which  was  a  s]a^■|'  or 
slaves,  or  the  hire  thereof." 

"The  act  of  Congress,  api)roved  June  2.'">,  18(i8,  admitting  the  State  of  Georgia 
to  representation  in  ('ongress,  declared  null  and  void  a  third  subdivision  of 
section  seventeen  of  the  tifth  article,  which  in  the  original  ccmstitution  read 
as  follows: 

"Three.  It  shall  be  in  the  power  of  the  general  assembly  to  assess  and  collect 
ui)on  all  debts,  judgments,  or  causes  of  action  when  due.  founded  on  .any  contract 
made  or  implied  before  the  1st  day  of  ,lune,  lS()."i,  in  the  hands  of  any  one  in 
liis  own  right,  or  as  trustee,  agent,  or  attorney  of  another,  on  or  after  the  1st 
day  of  .January,  18(>S.  a  tax  of  not  exceeding  twenty-live  per  cent.,  to  be  paid 
by  the  creditor  on  pain  of  tlu>  forfeiture  of  the  debt,  but  chargeable  by  him  as 
to  one-half  thereof  against  the  del)tor.  and  collectible  with  the  debt :  Proruled, 
That  this  tax  shall  not  be  collected  if  the  debt  or  cause  of  action  be  altandoned 
or  settled  with<iut  legal  i>rocess.  or,  if  in  judgment,  be  settled  without  levy  and 
sale:  And  provided  further.  That  this  tax  shall  not  be  levied  so  long  as  the 
courts  of  this  State  shall  not  have  jurisdiction  of  such  debts  or  causes  of 
action." 


838  Georgia.— 1868 

Akticlk  VI 

EDUCATIOi!^ 

One.  The  general  assembly,  at  its  first  session  after  the  adoption 
of  this  constitution,  shall  provide  a  thorou<j;li  system  of  general 
education,  to  l)e  forever  free  to  all  children  of  the  State,  the  expense 
of  which  shall  be  provided  for  l)y  taxation  or  otherwise. 

Two.  The  office  of  State  school  commissioner  is  hereby  created. 
He  shall  be  appointed  by  the  governor  with  the  consent  of  the  senate, 
and  shall  hold  his  office  for  the  same  term  as  the  governor.  The 
general  assembly  shall  provide  for  the  said  commissioner  a  competent 
salary  and  necessary  clerks.  He  shall  keep  his  office  at  the  seat  of 
government. 

Three.  The  poll-tax  allowed  by  this  constitution,  any  educational 
fund  now  belonging  to  this  State,  except  the  endowment  of  and  debt 
due  to  the  State  university,  or  that  may  hereafter  be  obtained  in  any 
wa}^,  a  special  tax  on  shows  and  exhibitions,  and  on  the  sale  of 
spirituous  and  malt  liquors,  which  the  general  assembly  is  hereby 
authorized  to  assess,  and  the  j)roceeds  from  the  commutation  for 
militia  service,  are  hereby  set  apart  and  devoted  to  the  support  of 
common  schools.  And  if  the  provisions  herein  made  shall,  at  any 
time,  prove  insufficient,  the  general  assembly  shall  have  power  to 
levy  such  general  tax  upon  the  property  of  the  State  as  may  be 
necessary  for  the  support  of  said  school-system.  And  there  shall 
be  established,  as  soon  as  practicable,  one  or  more  common  schools  in 
each  school-district  in  this  State. 

Article  VII 

HOMESTEAD    AND    EXEMPTION 

Section  1.  One.  Each  head  of  a  family,  or  guardian,  or  trustee, 
of  a  family  of  minor  children,  shall  be  entitled  to  a  homestead  of 
realty  to  the  value  of  $2,000  in  specie,  and  personal  property  to  the 
value  of  $1,000  in  specie,  both  to  be  valued  at  the  time  they  are  set 
apart.  And  no  court  or  ministerial  officer  in  this  State  shall  ever 
have  jurisdiction  or  authority  to  enforce  any  judgment,  decree,  or 
execution  against  said  property  so  set  apart,  including  such  improve- 
ments as  may  be  made  thereon,  from  time  to  time,  except  for  taxes, 
money  borrowed  and  expended  in  the  improvement  of  the  homestead, 
or  for  the  purchase-money  of  the  same,  and  for  labor  done  thereon,  or 
material  furnished  therefor,  or  removal  of  encumbrances  thereon. 
And  it  shall  be  the  duty  of  the  general  assembly,  as  early  as  prac- 
ticable, to  provide,  by  law,  for  the  setting  apart  and  valuation  of  said 
property,  and  to  enact  laws  for  the  full  and  complete  protection  and 
security  of  the  same  to  the  sole  use  and  benefit  of  said  families  as 
aforesaid. 

Two.  All  property  of  the  wife,  in  her  possession  at  the  time  of  her 
marriage,  and  all  proj^erty  given  to,  inherited,  or  acquired  by  her, 
shall  remain  her  separate  property,  and  not  liable  for  the  debts  of  her 
husband. 


Georgia— 1868  839 

Article  VIII 

.MITJTIA 

Section  1.  The  militia  shall  consist  of  all  al)le-bodiecl  male  persons 
hetween  the  ages  of  eio-hteen  and  forty-five  years,  except  such  as  may 
he  exempted  by  the  hnvs  of  the  United  States  or  this  State;  and  shall 
l)c  organized,  officered,  armed,  equipped,  and  trained  in  such  manner 
as  may  be  provided  by  law;  subject  to  the  paramount  authority  of 
Congress  over  this  subject. 

Sec.  2.  Volunteer  companies  of  cavalry,  infantry,  or  artillery  may 
be  formed  in  such  manner,  and  Avith  such  resti'ictions.  as  may  l)e  jiro- 
vided  by  law. 

Sec.  3.  Xo  person  conscientiously  opposed  to  l)earing  arms  shall 
l)e  compelled  to  do  militia  duty,  but  such  ])erson  shall  i)ay  an  e<{uiva- 
lent  for  exem])tion:  the  amount  to  be  prescribed  by  law  and  appro- 
priated to  the  common-school  fund. 

Article  IX 

COUNTY  OFFICERS 

One.  The  county  officers  recognized  as  existing  by  the  laws  of 
this  State,  and  not  abolished  by  this  constitution,  shall,  where  not 
otherwise  provided  for  in  this  constitution,  be  elected  by  the  qualified 
voters  of  their  respective  counties  or  districts,  and  shall  hold  their 
offices  for  two  years.  They  shall  be  removable  on  conviction  for  mal- 
practice in  office,  or  (m  the  address  of  two-thirds  of  the  senate. 

Article  X 
SEAT  OF  govern:ment 

One.  The  seat  of  government  of  this  State,  from  and  after  the  date 
of  the  ratification  of  this  constitution,  shall  be  in  the  city  of  Atlanta, 
and  the  general  assembly  shall  provide  for  the  erection  of  a  new 
capitol,  and  such  other  buildings  as  the  public  welfare  may  require. 

Two.  The  general  assembly  shall  have  power  to  provide  for  the 
temi)()rarv  removal  of  the  seat  of  government  in  case  of  invasion, 
pestilence,  or  other  emergency. 

xVrticle  XI 

THE  LAWS  OF   GENERAL  OPERATION   IN    FORCE   TX     PITTS   STATE   ARE 

One.  As  the  su]:)reme  law,  the  Constitution  of  the  United  States, 
the  laws  of  the  United  States  in  ])ursuance  thereof,  and  all  treaties 
made  under  the  authority  of  the  United  States. 

Two.  As  next  in  authority  thereto,  this  constitution. 
•     Three.  In  subordination  to  the  foregoing,  all  acts  passed  by  any 
legislative  body,  sitting  in  this  State  as  such;  since  the  10th  day  of 
January,  18G1,  including  that  body  of  laws  known  as  the  code  of 


840  Georgia— 1808 

Georgia,  and  the  acts  amendatory  thereof,  or  passed  since  that  time, 
which  said  code  and  acts  are  eiuliodied  in  tlie  printed  hook  known  as 
"Irwin's  Code;  ''  and  also  so  nnich  of  the  connnon  and  statnte  laws 
of  En<>:land,  and  of  the  statnte  laws  of  Georgia,  as  were  in  force  in 
this  State  on  the  10th  day  of  Decenihei',  18(50,  as  are  not  superseded 
by  said  code,  though  not  embodied  therein,  except  so  much  of  the 
said  several  statutes,  code,  and  laws  as  ma}?^  be  inconsistent  with  the 
supreme  law  herein  recognized,  or  may  have  been  passed  in  aid  of 
the  late  rebellion  against  the  United  States,  or  may  be  obsolete,  or 
may  refer  to  persons  held  in  slavery,  Avhich  excepted  laws  are  inoper- 
ative and  void ;  and  any  future  general  assembly  shall  be  competent 
to  alter  or  repeal  (if  not  herein  prohibited)  any  portion  of  the  laws 
declared  to  be  of  force  in  this  third  specification  of  this  clause  of 
this  article;  and  if  in  any  of  said  laws  herein  declared  of  force  the 
word  "  Confederate ''  occurs  before  the  word  "  States,"  such  law 
is  hereby  amended  by  siibstitnting  the  Avord  "  United  "  for  the  word 
"  Confederate." 

Four.  Local  and  private  acts  passed  for  the  benefit  of  counties, 
cities,  towns,  cor]Dorations,  and  private  persons,  not  inconsistent  with 
the  supreme  law,  nor  with  this  constitution,  and  which  have  not 
expired  or  been  repealed,  shall  have  the  force  of  statute  law,  subject 
to  judicial  decision  as  to  their  validity  when  passed,  and  to  any  limi- 
tatons  imposed  by  their  own  terms. 

Five.  All  rights,  privileges,  and  immunities  which  may  have  vested 
in,  or  accrued  to,  any  person  or  persons,  or  corporation,  in  his,  her, 
or  their  right,  or  in  any  fiduciary  capacity,  under  any  act  of  ^lxvy 
legislative  bod}'  sitting  in  this  State  as  such,  or  of  any  decree,  judg- 
ment, or  order  of  any  court,  sitting  in  this  State,  under  the  laws  then 
of  force  and  operation  therein,  and  recognized  by  the  people  as  a 
court  of  competent  jurisdiction,  since  the  10th  day  of  January.  1861, 
shall  be  held  inviolate  by  all  the  courts  of  this  State,  unless  attacked 
for  fraud,  or  unless  otherwise  declared  invalid  by,  or  according  to, 
this  constitution. 

Six.  The  records,  dockets,  books,  papers,  and  proceedings  of  any 
court  or  office  existing  in  this  State  by  the  laws  thereof  on  the  10th  of 
January,  1861,  or  purporting  to  exist  by  said  laws,  and  recognized 
and  generally  obeyed  by  the  people,  as  such,  since  the  said  time,  and 
before  the  several  courts  and  officers  provided  for  by  this  constitution 
shall  have  gone  into  actual  operation,  shall  be  transferred  to  the 
several  courts  and  offices  of  the  same  name  or  functions  by  this  con- 
stitution provided  for,  and  shall  have  force  and  be  executed,  per- 
fected, and  performed  therein,  and  thereby,  as  follows,  and  not 
otherwise,  to  wit : 

Final  judgments,  decrees,  proceedings,  and  acts  fully  executed  and 
performed,  or  not  requiring  performance  or  execution,  shall  have 
full  force  and  effect  as  though  no  interruption  had  taken  place  in  the 
legal  succession  of  said  courts  and  offices,  except  as  herein  otherwise 
provided.  Proceedings  not  final,  and  judgments  and  decrees  not 
fully  executed  or  performed,  shall  proceed  and  be  performed  in  such 
cases,  and  such  cases  only,  as  this  constitution,  or  the  laws  made  inv 
pursuance  thereof,  confer  jurisdiction  and  authority  over  the  causes 
of  actions  on  which  said  cases,  judgments,  decrees,  or  proceedings, 
civil  or  criminal,  are  founded:  Pro  ruled.  That  all  said  judgments, 
decrees,  and  proceedings  shall  be  subject  to  be  set  aside,  or  reversed. 


Georgia— 1868  841 

or  vacated,  by  proceedings  in  the  several  courts  liaving  custody  of  the 
records,  as  though  they  were  the  judgments  of  said  courts,  and  shall 
be  subject  always  to  be  explained  as  to  the  meaning  of  the  word  dol- 
lar or  dollars,  as  used  in  the  same,  and  no  motion  for  a  new  trial,  bill 
of  review,  or  other  j^roceeding,  to  vacate  any  judgment,  order,  or 
decree,  made  since  the  19th  of  January,  1861,  by  any  of  said  courts, 
for  fraud,  illegality,  or  error  of  law,  shall  be  denied,  by  reason  of  the 
same  not  having  been  moved  in  time:  provided  said  motion  or  appli- 
cation is  made  in  twelvemonths  from  the  adoption  of  this  constitution. 

Seven.  The  books,  papers,  and  proceedings  of  the  inferior  courts 
shall  be  transferred  to.  and  remain  in.  the  control  of  the  ordinaries, 
who  shall  perform  the  duties  of  said  courts  until  otherwise  provided 
by  law.  The  books,  papers,  and  proceedings  of  the  county  courts, 
and  the  unfinished  business  thereof,  shall  be  transferre'd  to  the 
superior  courts,  and  the  same  shall  be  finished  and  performed  b}-  the 
said  superior  courts  and  the  officers  thereof,  in  such  cases,  and  in 
such  cases  only,  as  the  said  courts  are.  by  this  constitution  or  the 
laws  made  in  pursuance  thereof,  granted  jurisdiction  over  the  subject- 
matter  or  debts  on  wdiich  said  cases  and  judgments,  civil  or  criminal, 
are  founded. 

Eight.  The  cases  pending  and  the  judgments  had  and  made  in  the 
city  courts  of  Savannah  and  Augusta,  and  in  the  various  justices' 
courts  in  this  State,  shall  be  finished  and  the  judgments  performed  by 
the  city  courts,  and  officers  and  justices  provided  by  this  constitution 
in  such  cases,  and  such  only,  as  by  this  constitution  jurisdiction  is 
given  to  said  courts  and  officers  over  the  causes  of  action  on  which 
they  are  founded. 

Nine.  The  judgments  and  proceedings  of  courts  and  acts  of  officers 
within  their  jurisdiction,  as  provided  by  law.  shall  be  valid  notwith- 
standing the  judges  of  said  courts  or  the  said  officers  were  appointed 
by  the  military  authorities  of  the  United  States,  and  any  of  said 
judgments,  or  acts,  or  proceedings  made  or  done  under  or  by  virtue 
of.  or  in  accordance  Avith,  the  orders  of  said  military  authorities,  duly 
nuide,  are  as  valid  as  if  done  under  a  law  of  this  State. 

Ten.  These  several  acts  of  confirmation  shall  not  be  construed  to 
divest  any  vested  right,  nor  to  make  any  act  criminal  otherwise  not 
criminal,  but  they  shall  be  construed  as  acts  of  peace  and  to  prevent 
injustice:  Proruled^  That  nothing  in  this  constitution  shall  be  so 
construed  as  to  make  valid  any  acts  done  by,  or  before  any  such 
(1e  facto  officer,  which  would,  by  legalizing  such  acts,  render  that 
criminal  which  was  not  criminal  when  done,  or  cause  any  act  not 
legally  criminal  when  done  to  become  criminal  by  giving  validity  to 
such  act  after  it  was  done:  but  all  such  acts  shall  hv  held  l)v  the  courts 
to  be  null  and  void. 

Eleven.  Should  this  constitution  be  ratified  by  the  j)eople.  and  Con- 
gress accept  the  same  with  any  qualifications  or  conditions,  the  gov- 
ernment herein  provided  for,  and  the  officers  elected  shall  neverthe- 
less exist  and  continue  in  the  exercise  of  their  several  functions,  as 
the  government  of  this  State,  so  far  as  the  same  may  l)e  consistent 
with  the  action  of  the  United  States  in  the  premises. 

Twelve.  The  ordinances  of  this  convention  on  the  subject  of  the 
first  election,  and  the  first  general  assembly,  shall  hav(>  the  force  of 
laws,  until  they  expire  by  their  own  limitation,  iuid  all  other  ordi- 
nances of  a  mere  legislative  character  shall  have  the  force  of  laws, 
until  otherwise  provided  by  the  general  assembly. 


842  Georgia— 1877 

Article  XII 

AMENDMENTS    TO    THE    CONSTITUTION 

One.  This  constitution  may  be  amended  by  a  two-thirds  vote  of 
two  successive  legishitures,  and  by  a  submission  of  the  amendment  to 
the  qualified  voters  for  final  ratification.  But  the  general  assembly 
shall  not  call  a  convention  of  the  people  in  the  election  of  delegates 
to  which  any  person  qualified  to  vote  by  this  constitution  shall  be 
disqualified.  And  the  representation  in  said  convention  shall  be  based 
on  population.  Xor  shall  the  right  of  suflE'rage  ever  be  taken  from 
any  person  qualified  by  this  constitution  to  vote. 

JosiAii  R.  Parkott,  President. 

P.  M.  Sheibley,  Secretary. 


CONSTITUTION  OF  GEORGIA— 1877  « 

Bill  or  Rights 

preamble 

To  perpetuate  the  principles  of  free  government,  insure  justice  to 
all,  preserve  peace,  promote  the  interest  and  happiness  of  the  citizen, 
and  transmit  to  posterity  the  enjoyment  of  liberty,  we,  the  people  of 
Georgia,  relying  upon  the  protection  and  guidance  of  Almighty  God, 
do  ordain  and  establish  this  Constitution : 

Article  I 
Section  I 

Paragraph  I.  All  government,  of  right,  originates  with  the  people, 
is  founded  upon  their  will  only,  and  is  instituted  solely  for  the  good 
of  the  Avhole.  Public  officers  are  the  trustees  and  servants  of  the 
people,  and,  at  all  times,  amenable  to  them. 

Par.  II.  Protection  to  person  and  property  is  the  paramount  duty 
of  government,  and  shall  be  impartial  and  complete. 

Par.  III.  No  person  shall  be  deprived  of  life,  liberty,  or  property, 
except  by  due  process  of  law. 

Par.  IV.  Xo  person  shall  be  deprived  of  the  right  to  prosecute  or 
defend  his  own  cause  in  any  of  the  courts  of  this  State,  in  person,  by 
attorney,  or  both. 

Par.  V.  EveiT  person  charged  with  an  offense  against  the  laws  of 
this  State  shall  have  the  privilege  and  benefit  of  counsel:  shall  be 
furnished,  on  demand,  with  a  copy  of  the  accusation,  and  a  list  of 
the  witnesses  on  whose  testimony  the  charge  against  him  is  founded ; 
shall  have  compulsory  process  to  obtain  the  testimony  of  his  own 
witnesses;  shall  be  confronted  with  the  witnesses  testifying  against 
him,  and  shall  have  a  public  and  speedy  trial  by  an  impartial  jury. 

".Journal  of  the  Constitutional  Convention  of  the  People  of  Geox-gia.  Held 
In  The  City  Of  Atlanta  In  The  Months  Of  July  And  August.  1877.  Atlanta, 
Georgia.     1877.     pp.  575-631. 


Georgia— 1877  843 

Par.  VI.  Xo  person  shall  be  compelled  to  give  testimony  tending 
in  'Any  manner  to  criminate  himself. 

Par.  VII.  Neither  banishment  beyond  the  limits  of  the  State,  nor 
whipping,  as  a  pnnishment  for  crime,  .shall  be  allowed. 

Par.  VIII.  No  person  shall  be  put  in  jeopardy  of  life,  or  liberty, 
more  than  once  for  the  same  oU'ense,  save  on  his,  or  her.  own  motion 
for  a  new  trial  after  conviction,  or  in  case  of  mistrial. 

Par.  IX.  Excessive  l)ail  shall  not  be  reciuired.  nor  excessive  hnes 
imposed,  nor  cruel  and  unusual  punishments  inflicted ;  nor  shall  an}' 
person  be  abused  in  being  arrested,  while  under  arrest,  or  in  prison. 

Par.  X.  Xo  person  shall  be  compelled  to  pay  costs,  except  after  con- 
viction on  final  trial. 

Par.  XI.  The  Avrit  of  Ilaheas  Corpus  shall  not  be  suspended. 

Par.  XII.  All  men  have  the  natural  and  inalienable  right  to  wor- 
ship God,  each  according  to  the  dictates  of  his  own  conscience,  and  no 
human  authority  should,  in  any  case,  control  or  interfere  with  such 
right  of  conscience. 

Par.  XIII.  Xo  inhabitants  of  this  State  shall  be  molested  in  person 
or  property,  or  prohibited  from  holding  an}'  public  office,  or  trust,  on 
account  of  his  religious  opinions;  but  the  right  of  liberty  of  con- 
science shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or 
justify  practices  inconsistent  Avith  the  peace  and  safety  of  the  State. 

Par.  XIV.  Xo  money  shall  ever  be  taken  from  the  public  Treasury, 
directly  or  indirectly,  in  aid  of  any  church,  sect,  or  denomination  of 
religionists,  or  of  any  sectarian  institution. 

Par.  XV.  Xo  law  shall  ever  be  passed  to  curtail,  or  restrain,  the 
liberty  of  speech,  or  of  the  press;  any  person  may  speak,  write,  and 
publish  his  sentiments,  on  all  subjects,  being  responsible  for  the 
abuse  of  that  liberty. 

Par.  XVI.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  pajDers,  and  effects,  against  unreasonable  searches  and  seizures, 
shall  not  be  violated ;  and  no  Avarrant  shall  issue  except  upon 
probable  cause,  supjx^rted  by  oath,  or  affirmation,  particularly  describ- 
ing the  place,  or  j^laces,  to  be  searched,  and  the  persons  or  things  to 
be  seized. 

Par.  XVII.  There  shall  be  Avithin  the  State  of  Georgia  neither 
slavery  nor  involuntary  servitude,  save  as  a  punishment  for  crime 
after  legal  conviction  thereof. 

Par.  XVIII.  The  social  status  of  the  citizen  shall  never  be  the 
subject  of  legislation. 

Par.  XIX.  The  civil  authority  shall  be  superior  to  the  military, 
and  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house, 
Avithout  the  consent  of  the  OAvner,  nor  in  time  of  Avar,  except  ^)v  the 
civil  magistrate,  in  such  manner  as  may  be  provided  by  law. 

Par.  XX.  The  poAver  of  the  Courts  to  punish  for  contempt,  shall 
be  limited  by  legislative  acts. 

Par.  XXI.  There  shall  be  no  imprisonment  for  debt. 

Par.  XXII.  The  right  of  the  people  to  keep  and  bear  arms,  shall 
not  be  infringed,  but  the  General  Assembly  shall  have  poAver  to  pre- 
scribe the  manner  in  Avhich  arms  may  be  borne. 

Par.  XXIII.  The  legislatiA'e,  judicial  and  executive  powers  shall 
forever  remain  .separate  and  distinct,  and  no  person  discharging  the 


844  Georgia— 1S77 

duties  of  one,  shall,  at  the  saine  time,  {'xt'icisc  the  functions  of  either 
of  the  others,  ex('ej)t  as  herein  provided. 

Par.  XXIV.  The  people  have  the  rigVit  to  assemble  peaceal>ly  for 
their  common  good  and  to  apj^ly  to  those  vested  with  the  powers 
of  government,  for  redress  or  grievances,  by  petition  or  remonstrance. 

Par.  XXV.  All  citizens  of  the  United  States,  resident  in  this 
State,  are  hereby  declared  citizens  of  this  State;  and  it  shall  be  the 
duty  of  the  General  Assembly  to  enact  such  laws  as  will  ])rote(;t  them 
in  the  full  enjoyment  of  the  rights,  privileges  and  immunities  due 
to  such  citizenship. 

Section  II 

Paragraph  I.  In  all  prosecutions  or  indictments  for  libel  the  truth 
may  be  given  in  evidence;  and  the  jury  in  all  criminal  cases,  shall 
be  the  judges  of  the  law  and  the  facts.  The  power  of  the  Judges 
to  grant  new  trials  in  cases  of  conviction,  is  preserved. 

Par.  11.  Treason  against  the  State  of  Georgia,  shall  consist  in 
levying  war  against  her;  adhering  to  her  enemies;  giving  them  aid 
and  comfort.  No  person  shall  be  convicted  of  treason,  except  on 
the  testimony  of  two  witnesses  to  the  same  overt  act,  or  confession 
in  open  court. 

Par.  III.  No  conviction  shall  work  corruption  of  blood  or  forfeit- 
ure of  estate. 

Par.  IV.  All  lotteries,  and  the  sale  of  lottery  tickets,  are  hereby 
prohibited ;  and  this  prohibition  shall  be  enforced  by  penal  laws. 

Par.  V.  Lobbying  is  declared  to  be  a  crime,  and  the  General  Assem- 
bly shall  enforce  this  provision  by  suitable  penalties. 

Par.  VI.  The  General  Assembl}^  shall  have  the  powder  to  provide 
for  the  punishment  of  fraud ;  and  shall  provide,  by  law,  for  reaching 
l^roperty  of  the  debtor  concealed  from  the  creditor. 

Section  III 

Paragraph  I.  In  cases  of  necessity,  private  ways  may  be  granted 
upon  just  compensation  being  first  paid  by  the  applicant.  Private 
property  shall  not  be  taken,  or  damaged,  for  public  purposes,  without 
just  and  adequate  compensation  being  first  paid. 

Par.  II.  No  bill  of  attainder,  ex  post  facto  law,  retroactive  law,  or 
law^  impairing  the  obligation  of  contracts,  or  making  irrevocable 
grants  of  special  privileges  or  immunities,  shall  be  passed. 

Par.  III.  No  grant  of  special  privileges  or  immunities  shall  l)e 
revoked,  except  in  such  maimer  as  to  work  no  injustice  to  the  corpora- 
tors (5r  creditors  of  the  incorporation. 

Section  IV 

Paragraph  I.  Laws  of  a  general  nature  shall  have  uniform  opera- 
tion throughout  the  State,  and  no  special  law  shall  be  enacted  in  any 
case  for  which  provision  has  been  made  by  an  existing  general  law. 
No  general  law  affecting  private  rights,  shall  be  varied  in  any  particu- 
lar case,  by  special  legislation,  except  with  the  free  consent,  in  writ- 


Georgia— 1877  845 

ing.  of  all  persons  to  be  affected  thereby:  and  no  person  under  legal 
disability  to  contract,  is  capable  of  such  consent. 

Par.  II.  Legislative  acts  in  A'iolation  of  this  Constitution,  or  the 
Constitution  of  the  United  States,  are  void,  and  the  Judiciary  shall 
so  declare  them. 

Section  ^' 

Paragraph  I.  The  people  of  this  State  have  the  inherent,  sole  and 
exclusive  right  of  regulating  their  internal  government,  and  the  police 
thereof,  and  of  altering  and  abolishing  their  Constitution  whenever 
it  may  be  necessary  to  their  safety  and  happiness. 

Par.  II.  The  enumeration  of  rights  herein  contained  as  a  part  of 
this  Constitution,  shall  not  be  construed  to  deny  to  the  people  any 
inherent  rights  which  they  may  have  hitherto  enjoyed. 

Article  II 

ELECTIVE    FRANCHISE 

Section  I 

Paragraph  I.  In  all  elections  b}'  the  people,  the  electors  shall  vote 
by  ballot. 

Par.  II.  Every  male  citizen  of  the  United  States,  (except  as  here- 
inafter provided)  twenty-one  years  of  age,  who  shall  have  resided  in 
this  State  one  year  next  preceding  the  election,  and  shall  have 
resided  six  months  in  the  county  in  which  he  offers  to  vote,  and  shall 
have  paid  all  taxes  which  may  hereafter  be  required  of  him,  and 
which  he  may  have  had  an  opportunity  of  paying,  agreeably  to  law, 
except  for  the  year  of  the  election,  shall  be  deemed  an  elector:  Pro- 
vided, that  no  soldier,  sailor  or  marine  in  the  military  or  naval  service 
of  the  United  States,  shall  acquire  the  rights  of  an  elector,  by  reason 
of  being  stationed  on  duty  in  this  State:  and  no  person  shall  vote  who, 
if  challenged,  shall  refuse  to  take  the  following  oath,  or  affirmation : 
"  I  do  swear  (or  affirm)  that  I  am  twenty-one  years  of  age^  have 
resided  in  this  State  one  year,  and  in  this  county  six  months,  next 
])receding  this  election.  I  have  paid  all  taxes  which,  since  the  adop- 
tion of  the  present  Constitution  of  this  State,  have  been  recpiired  of 
me  j)revious  to  this  year,  and  which  I  have  had  an  opportunity  to 
pay,  and  I  have  not  voted  at  this  election."' 

Section  II 

Paragraph  I.  The  General  Assembh'  may  provide,  from  time  to 
time,  for  the  registration  of  all  electors,  but  the  following  classes  of 
persons  shall  not  be  ])ermitted  to  register,  vote  or  hold  any  office,  or 
appointment  of  honor  or  ti'ust  in  this  State,  to-wit :  1st.  Those  who 
shall  have  been  convicted,  in  any  court  of  competent  jurisdiction,  of 
treason  against  the  State,  of  embezzlement  of  public  funds,  mal- 
feasance in  office,  bribery  or  larcem',  or  of  any  crime  involving  moral 
turi)itude,  punishable  by  the  laAvs  of  this  State  with  imjirisonment 
in  the  ])enitentiary.  unless  such  person  shall  have  been  pardoned. 
2d.  Idiots  and  insane  persons. 
72.51— VOL  "1—07 50 


846  Georgia— 1877 

Section  III 

Paragraph  I.  Electors  shall,  in  all  cases,  except  for  treason,  felony, 
larceny,  and  breach  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  on  elections,  and  in  going  to  and  returning  from  the 
same. 

Section  IV 

Paragraph  I.  No  person  who  is  the  holder  of  any  public  money, 
contrary'  to  law,  shall  be  eligible  to  am"  office  in  this  State,  until  the 
same  is  accounted  for  and  paid  into  the  Treasury. 

Par.  II.  No  person  who,  after  the  adoption  of  this  Constitution, 
being  a  resident  of  this  State,  shall  haA'e  been  convicted  of  fighting  a 
duel  in  this  State,  or  convicted  of  sending,  or  accepting  a  challenge, 
or  convicted  of  aiding,  or  abetting  such  duel,  shall  hold  office  in  this 
State,  unless  he  shall  have  been  pardoned;  and  every  such  person 
shall,  also,  be  subject  to  such  punishment  as  may  be  prescribed  by 
law. 

Section  V 

Paragraph  I.  The  General  Assembly  shall,  by  law.  forbid  the  sale, 
distribution,  or  furnishing  of  intoxicating  drinks  within  two  miles  of 
election  precincts,  on  days  of  election — State,  county  or  municipal — 
and  prescribe  punishment  for  any  violation  of  the  same. 

Section  VI 

Paragraph  I.  Returns  of  election  for  all  civil  officers  elected  by  the 
people,  who  are  to  be  commissioned  by  the  Governor,  and,  also,  for 
the  members  of  the  General  Assembly,  shall  be  made  to  the  Secre- 
tary of  State,  unless  otherwise  provided  by  law. 

Article  III 

LEGISLATIVE    DEPARTMENT 
Section  I 

Paragraph  I.  The  legislative  power  of  the  State  shall  be  vested  in 
a  General  Assembly  which  shall  consist  of  a  Senate  and  House  of 
Representatives. 

Section  II 

Paragraph  I.  The  Senate  shall  consist  of  forty-four  members. 
There  shall  be  forty-four  Senatorial  Districts,  as  now  arranged  by 
counties.     Each  District  shall  have  one  Senator. 

Par.  II.  The  First  Senatorial  District  shall  be  comj^osed  of  the 
counties  of  Chatham,  Bryan  and  Effingham. 

The  Second  Senatorial  District  shall  be  composed  of  the  counties  of 
Liberty.  Tatnall  and  Mcintosh. 

The  Third  Senatorial  District  shall  be  composed  of  the  counties  of 
Wayne,  Pierce  and  Appling. 

The  Fourth  Senatorial  District  shall  be  composed  of  the  counties  of 
Glynn,  Camden,  and  Charlton. 

The  Fifth  Senatorial  District  shall  be  composed  of  the  counties  of 
Coffee,  Ware,  and  Clinch. 


Georgia— 1877  847 

The  Sixth  Senatorial  District  shall  be  composed  of  the  counties  of 
Echols,  Lowndes,  and  Berrien. 

The  Seventh  Senatorial  District  shall  be  composed  of  the  counties 
of  Brooks,  Thomas,  and  Colquitt. 

The  Eighth  Senatorial  District  shall  be  composed  of  the  counties  of 
Decatur,  Mitchell  and  Miller. 

The  Ninth  Senatorial  District  shall  be  composed  of  the  counties  of 
Early,  Calhoun  and  Baker. 

The  Tenth  Senatorial  District  shall  be  composed  of  the  counties  of 
Dougherty,  Lee  and  Worth. 

The  Eleventh  Senatorial  District  shall  be  composed  of  the  counties 
of  Clay,  Randolph  and  Terrell. 

The  Twelfth  Senatorial  District  shall  be  composed  of  the  comities 
of  Stewart,  AVebster  and  Quitman. 

The  Thirteenth  Senatorial  District  shall  be  composed  of  the  coun- 
ties of  Sumter,  Schley  and  Macon. 

The  Fourteenth  Senatorial  District  shall  be  comf)osed  of  the  ccmui- 
ties  of  Dooly,  Wilcox,  Pulaski  and  Dodge. 

The  Fifteenth  Senatorial  District  shall  be  composed  of  the  counties 
of  Montgomery,  Telfair  and  IrAvin. 

The  Sixteenth  Senatorial  District  shall  be  composed  of  the  counties 
of  Laurens,  Emanuel  and  Johnson. 

The  Seventeenth  Senatorial  District  shall  be  composed  of  the  coun- 
ties of  Screven,  Bulloch  and  Burke. 

The  P^ighteenth  Senatorial  District  shall  be  composed  of  the  coun- 
ties of  Eichmond,  Glasscock  and  Jefferson. 

The  Nineteenth  Senatorial  District  shall  be  composed  of  the  coun- 
ties of  Taliaferro,  Greene  and  Warren. 

The  Twentieth  Senatorial  District  shall  be  composed  of  the  counties 
of  Bakhvin,  Hancock  and  Washington. 

The  Twenty-first  Senatorial  District  shall  be  comjjosed  of  the  coun- 
ties of  Twiggs,  Wilkinson  and  Jones. 

The  Twenty-second  Senatorial  District  shall  be  composed  of  the 
counties  of  Bibb,  Monroe  and  Pike. 

The  Twenty-third   Senatorial   District  shall   be   composed   of  the 
counties  of  Houston,  Crawford  and  Taylor. 

The  Twenty-fourth  Senatorial  District  shall  be  composed  of  the 
counties  of  JNIuscogee,  Marion  and  Chattahoochee. 

The  Twenty-fifth   Senatorial    District  shall   be   comi)osed    of   the 
counties  of  Harris,  Upson  and  Talbot. 

The  Twenty-sixth   Senatorial    District  shall   be   composed   of   the 
counties  of  Spalding,  Butts  and  Fayette, 

The  Twenty-seventh  Senatorial  District  shall  be  composed  of  the 
<'<)unties  of  Newton,  Walton,  Clarke,  Oconee  and  Rockdale. 

The  Twenty-eighth  Senatorial  District  shall  be  composed  of  the 
counties  of  Jasper,  Putnam  and  ]Moi-gan. 

The  Twenty-ninth   Senatorial   District  shall  be  composed  of   the 
counties  of  A^'ilkes,  Columbia,  T^incoln  and  ^McDuflie. 

The  Thirtieth  Senatorial  District  shall  be  composed  of  the  counties 
of  Oglethorpe,  Madison  and  Klbert. 

The  thirty-fii'st  Senatorial  District  shall  lu'  composed  of  the  i-oun- 
ties  of  Hart,  Habersham  and  Franklin. 

The  Thirty-Second  Senatorial  District  shall  be  composed   of  the 
counties  of  White,  Dawson  and  Lumpkin. 


848  Georgia— 1877 

The  Thirty-third  Senatorial  District  shdl  be  composed  of  (he  coun- 
ties of  Hall,  Banks  and  Jackson. 

The  Thirty-fourth  Senatorial  District  shall  be  composed  of  the 
counties  of  Gwinnett.  DeKall)  and  Henry. 

The  Thirty-fifth  Senatorial  District  shall  be  composed  of  the  coun- 
ties of  Clayton,  Col)!)  and  Fulton. 

The  Thirty-sixth  Senatorial  District  shall  be  composed  of  the  coun- 
ties of  Campbell,  Coweta,  Meriw^ether,  Douglass. 

The  Thirty-scA'Cnth  Senatorial  District  shall  be  composed  of  the 
counties  of  Carroll,  Heard  and  Troup. 

The  Thirty-eighth  Senatorial  District  shall  be  composed  of  the 
counties  of  Haralson,  Polk  and  Paulding. 

The  Thirty-ninth  Senatorial  District  shall  be  composed  of  the 
counties  of  Milton,  Cherokee  and  Forsyth. 

The  Fortieth  Senatorial  District  shall  be  composed  of  the  counties 
of  Union,  Towns  and  Rabun. 

The  Forty-first  Senatorial  District  shall  be  composed  of  the  coun- 
ties of  Pickens,  Fannin  and  Gilmer. 

The  Forty-second  Senatorial  District  shall  be  composed  of  the 
counties  of  Bartow,  Floyd  and  Chattooga. 

The  Forty-third  Senatorial  District  shall  be  composed  of  the  coun- 
ties of  Murray,  Gordon  and  A^Tiitfield. 

The  Fort3'-fourth  Senatorial  District  shall  be  composed  of  the 
counties  of  Walker,  Dade  and  Catoosa. 

Par.  III.  The  General  Assembly  may  change  these  districts  after 
each  census  of  the  United  States :  Provided,  That  neither  the  number 
of  Districts  nor  tlie  number  of  Senators  from  each  District  shall  be 
increased. 

Section  III 

Paragraph  I.  The  House  of  Representatives  shall  consist  of  one 
hundred  and  seventy-five  Representatives,  apportioned  among  the 
several  counties  as  follows,  to-wit:To  the  six  counties  having  the 
largest  pouplation,  viz:  Chatham,  Richmond,  Burke,  Houston,  Bibb 
and  Fulton,  three  Representatives,  each;  to  the  twenty-six  counties 
having  the  next  largest  population,  viz:  Bartow,  Coweta,  Decatur, 
Floyd,  Greene,  Gwinnett,  Harris,  Jefferson,  Meriwether,  Monroe, 
Muscogee,  Newton,  Stewart,  Sumter,  Thomas,  Troup.  Washington, 
Hancock,  Carroll,  Cobb,  Jackson,  Dougherty,  Oglethorpe.  ]Macon, 
Talbot  and  Wilkes,  two  Representatives,  each;  and  to  the  remaining 
one  hundred  and  five  counties,  one  Representative  each. 

Par.  II.  The  above  apportionment  shall  be  changed  by  the  General 
Assembly  at  its  first  session  after  each  census  taken  by  the  ITnited 
States  Government,  so  as  to  give  to  the  six  counties  having  the  largest 
population  three  Representatives,  each ;  and  to  the  twenty-six  counties 
having  the  next  largest  population  two  Representatives,  each ;  but  in 
no  event  shall  the  aggregate  number  of  Representatives  be  increased. 

Section  IV 

Paragraph  I.  The  members  of  the  General  Assembly  shall  be 
elected  for  two  years,  and  shall  serve  until  their  successors  are 
elected. 

Par.  II.  The  first  election  for  members  of  the  General  Assembly, 
under  this  Constitution,  shall  take  place  on  the  first  Wednesday  in 


Georgia— 1877  849 

December,  1877,  the  second  election  for  the  same  shall  he  jield  on  the 
first  Wednesday  in  October  ISSO,  and  subsequent  elections  I)iennia]ly, 
on  that  day,  until  the  day  of  election  is  chanfred  by  law. 

Par.  III.  The  first  meeting-  of  the  General  Assembly,  after  the 
ratification  of  this  Constitution,  shall  be  on  the  first  AVednesday  in 
November,  1878,  and  biennially  thereafter,  on  the  same  day,  until  the 
da}"  shall  be  changed  by  law.  But  nothinc;  herein  contained  shall  be 
construed  to  prevent  the  Governor  from  callino-  an  extra  session  of 
the  General  Assembly  before  the  hrst  Wednesday  in  November,  1878, 
if,  in  his  oj^inion,  the  public  fjood  shall  recpiire  it. 

Par.  IV.  A  majority  of  each  house  shall  constitute  a  quorum  to 
transact  business;  but  a  smaller  number  may  adjourn  from  day  to 
day  and  compel  the  presence  of  its  absent  members,  as  each  house 
may  provide. 

Par.  V.  Each  Senator  and  Representative,  before  takino;  his  seat, 
shall  take  the  following  oath,  or  affirmation,  to-wit :  "  I  will  support 
the  Constitution  of  this  State,  and  of  the  United  States,  and  on  all 
questions  and  measures  which  may  come  before  me,  I  will  so  conduct 
myself,  as  will,  in  my  judgment,  be  most  conducive  to  the  interests 
and  prosperit}'  of  this  State." 

Par.  VI.  No  session  of  the  General  Assembly  shall  continue  longer 
than  forty  days,  unless  by  a  two-thirds  vote  of  the  whole  number  of 
each  house. 

Par.  VII.  No  person  holding  a  military  commission,  or  other  ap- 
pointment, or  office,  having  any  emolument,  or  compensation  annexed 
thereto,  under  this  State,  or  the  United  States,  or  either  of  them, 
except  Justices  of  the  Peace  and  officers  of  the  militia,  nor  any 
defaulter  for  public  money,  or  for  any  legal  taxes  required  of  him, 
shall  have  a  seat  in  either  house;  nor  shall  any  Senator,  or  Repre- 
sentative, after  his  qualification  as  such,  be  elected  by  the  General 
Assembly,  or  appointed  by  the  Governor,  either  with  or  without  the 
advice  and  consent  of  the  Senate,  to  any  office  or  appointment  having 
any  emolument  annexed  thereto  during  the  time  for  which  he  shall 
have  been  elected. 

Par.  VIII.  The  seat  of  a  member  of  either  house  shall  be  vacated 
on  his  removal  from  the  district  oi"  county  from  which  he  was  elected. 

Skc  riox   \' 

Paragraph  I.  The  Senators  shall  be  citizens  of  the  United  States, 
W'ho  have  attained  the  age  of  twenty-five  years,  and  who  shall  have 
been  citizens  of  this  State  for  four  years,  and  for  one  year  residents 
of  the  district  from  which  elected. 

Par.  II.  The  presiding  officer  of  the  Senate  shall  be  styled  the 
President  of  the  Senate,  and  shall  be  elected  viva  voce  from  the 
Senators. 

Par.  III.  The  Senate  shall  have  the  sole  jjowcr  to  try  iuipcacli- 
ments. 

Par.  IV.  When  sitting  for  that  purpose,  the  members  shall  be  on 
oath,  or  affirmation,  and  shall  be  jjresided  over  by  the  Chief  .Justice, 
or  the  presiding  Justice  of  the  Supreme  Court.  Should  the  Chief 
Justice  be  disciualified  the  Senate  shall  select  the  Judge  of  the 
Supreme  Court  to  preside.  No  ])erson  shall  be  convicted  without  tin' 
concurrence  of  two-thirds  of  the  members  present. 


850  Georgia— 1877 

Par.  V.  Judgments,  in  cases  of  inipeaclinient,  shall  not  extend 
further  than  removal  from  office,  and  disqualification  to  hold  and 
enjoy  any  office  of  honor,  trust,  or  profit,  Avithin  this  State;  but  the 
party  convicted  shall,  nevertheless,  be  liable,  and  subject,  to  indict- 
ment, trial,  judgment,  and  punishment,  according  to  law. 

Section  VI  ■' 

Paragraph  I.  The  Representatives  shall  be  citizens  of  the  United 
States  who  have  attained  the  age  of  twenty-one  years,  and  who  shall 
have  been  citizens  of  this  State  for  two  years,  and  for  one  year  resi- 
dents of  the  counties  from  which  elected. 

Par.  II.  The  presiding  officer  of  the  House  of  Representatives 
shall  be  styled  the  Speaker  of  the  House  of  Representatives,  and  shall 
be  elected  viva  voce  from  the  body. 

Par.  III.  The  House  of  Representatives  shall  have  the  sole  jDower 
to  impeach  all  persons  who  shall  have  been,  or  may  be,  in  office. 

Section  VII 

Paragraph  I.  Each  House  shall  be  the  judge  of  the  election,  returns 
and  qualihcations  of  its  members,  and  shall  have  power  to  punish 
them  for  disorderly  behavior,  or  misconduct,  by  censure,  fine,  impris- 
onment, or  expulsion ;  but  no  member  shall  be  expelled,  except  by  a 
vote  of  two-thrids  of  the  House  to  which  he  belongs. 

Par.  II.  Each  House  may  punish  by  imprisonment,  not  extending 
beyond  the  session,  any  person,  not  a  member,  who  shall  be  guilty  of 
a  contempt,  by  any  disorderly  behavior  in  its  presence,  or  who  shall 
rescue,  or  attempt  to  rescue,  any  person  arrested  by  order  of  either 
House. 

Par.  III.  The  members  of  both  Houses  shall  be  free  from  arrest 
during  their  attendance  on  the  General  Assembly  and  in  going 
thereto  or  returning  therefrom,  except  for  treason,  felony,  larceny, 
or  breach  of  the  peace;  and  no  member  shall  be  liable  to  answer  in 
any  other  place  for  anything  spoken  in  debate  in  either  House. 

iPar.  IV.  Each  House  shall  keep  a  journal  of  its  proceedings,  and 
publish  it  immediately  after  its  adjournment. 

Par.  V.  The  original  journal  shall  be  preserved,  after  publication, 
in  the  office  of  Secretary  of  State,  but  there  shall  be  no  other  record 
thereof. 

Par.  VI.  The  yeas  and  nays  on  any  question  shall,  at  the  desire  of 
one-fifth  of  the  members  present,  be  entered  on  the  journal. 

Par.  VII.  Every  bill,  before  it  shall  pass,  shall  be  read  three  times, 
and  on  three  separate  days,  in  each  House,  unless  in  case  of  actual 
invasion  or  insurrection. 

Par.  VIII.  No  law  or  ordinance  shall  pass  which  refers  to  more 
than  one  subject-matter,  or  contains  matter  different  from  what  is 
expressed  in  the  title  thereof. 

Par.  IX.  The  o-eneral  appropriation  bill  shall  embrace  nothing 
except  appropriations  fixed  by  previous  laws,  the  ordinarj^  expenses 
of  the  Executive,  Legislative  and  Judicial  Departments  of  the  Gov- 
ernment, pa3'ment  of  the  public  debt  and  interest  thereon,  and  the 
support  of  the  public  institutions  and  educational  interests  of  the 


Georgia— 1877  851 

State.  All  other  a])propriatioiis  siiall  he  iiiadc  l)y  separate  bills,  each 
embracing  l)ut  one  subject. 

Par.  X.  All  bills  for  raising  revenue  or  appropriating  money  shall 
originate  in  the  House  of  Representatives,  but  the  Senate  may  pro- 
pose or  concur  in  amendments  as  in  other  bills. 

Par.  XI.  No  money  shall  be  drawn  from  the  treasury  except  by 
appropriation  made  by  law,  and  a  regular  statement  and  account  of 
the  receipt  and  expenditure  of  all  public  money  shall  be  published 
every  three  months,  and  also  with  the  laws  passed  by  each  session  of 
the  General  Assembly. 

Par.  XII.  Xo  bill  or  resolution  appropriating  money  shall  become 
a  law,  unless,  upon  its  passage,  the  yeas  and  nays,  in  each  House,  are 
recorded. 

Par.  XIII.  All  Acts  shall  be  signed  by  the  President  of  the  Senate 
and  the  Speaker  of  the  House  of  Representatives,  and  no  bill,  ordi- 
nance or  resolution,  intended  to  have  the  effect  of  a  law,  which  shall 
have  been  rejected  by  either  House,  shall  be  again  proposed  during 
the  same  session,  under  the  same  or  any  other  title,  without  the  con- 
sent of  two-thirds  of  the  Plouse  by  which  the  same  was  rejected. 

Par.  XIV.  No  bill  shall  become  a  law  unless  it  shall  receive  a 
majority  of  the  votes  of  all  the  members  elected  to  each  House  of  the 
General  Assembly,  and  it  shall,  in  every  instance,  so  appear  on  the 
journal. 

Par.  XV.  All  special  or  local  bills  shall  originate  in  the  House  of 
Representatives.  The  Speaker  of  the  House  of  Representatives  shall, 
Avithin  five  days  from  the  organization  of  the  General  Assembly, 
appoint  a  committee  consisting  of  one  from  each  Congressional  Dis- 
trict, whose  duty  it  shall  be  to  consider  and  consolidate  all  special  and 
local  bills,  on  the  same  subject,  and  report  the  same  to  the  House; 
and  no  special  or  local  bill  shall  be  read  or  considered  by  the  House 
until  the  same  has  been  reported  by  said  committee,  unless  by  a  two- 
thirds'  vote.  And  no  bill  shall  be  considered  or  reported  to  the  House, 
by  said  committee,  unless  the  same  shall  have  been  laid  before  it 
within  fifteen  days  after  the  organization  of  the  General  Assembly, 
except  by  a  two-thirds'  vote. 

Par.  XVI.  No  local  or  special  bill  shall  be  passed,  unless  notice  of 
the  intention  to  apply  therefor  shall  have  been  published  in  the 
locality  where  the  matter,  or  thing  to  be  affected,  ma}^  be  situated, 
which  notice  shall  be  given  at  least  thirty  days  prior  to  the  introduc- 
tion of  such  bill  into  the  General  Assembly,  and  in  the  manner  to  be 
prescribedby  law.  The  evidence  of  such  notice  having  been  pub- 
lished shall  be  exhibited  in  the  General  Assembly  before  such  Act 
shall  be  passed. 

Par.  XVII.  No  law,  or  section  of  the  Code,  shall  be  amended  or 
repealed  by  mere  reference  to  its  title,  or  to  the  number  of  the  section 
of  the  Code,  but  the  amending  or  repealing  Act  shall  distinctly 
describe  the  law  to  be  amended  or  repealed,  as  well  as  the  alteration 
to  be  made. 

Par.  XVIII.  The  General  Assembly  shall  have  no  power  to  grant 
corporate  powers  and  privileges  to  private  companies,  except  bank- 
ing, insurance,  railroad,  canal,  navigation,  express  and  telegraph 
companies;  nor  to  make  or  change  election  j)recincts;  nor  to  establish 
bridges  or  ferries;  nor  to  change  names  of  legitimate  children;  but 


852  Georgia— 1877 

it  shall  prescribe  by  law  the  nuinner  in  which  such  powers  shall  be 
exercised  by  the  Courts, 

Par.  XTX.  The  General  Assembly  shall  have  no  power  to  relieve 
princi])als  or  securities  upon  forfeited  recognizances,  from  the  pay- 
ment thereof,  either  before  or  after  judgment  thereon,  unless  the 
principal  in  the  recognizance  shall  have  been  apprehended  and  placed 
in  the  custody  of  the  proper  officer. 

Par.  XX.  The  General  Assembly  shall  not  authorize  the  construc- 
tion of  any  street  passenger  railway  within  the  limits  of  any  incor- 
porated town  or  city  without  the  consent  of  the  corporate  authorities. 

Par.  XXI.  Whenever  the  Constitution  requires  a  vote  of  two- 
thirds  of  either  or  both  Houses  for  the  passage  of  an  Act  or  resolu- 
tion, the  yeas  and  nays  on  the  passage  thereof  shall  be  entered  on  the 
journal. 

Par.  XXII.  The  General  Assembly  shall  have  power  to  make  all 
laws  and  ordinances  consistent  with  this  Constitution,  and  not  repug- 
nant to  the  Constitution  of  the  United  States,  which  they  shall  deem 
necessary  and  proper  for  the  w^elfare  of  the  State. 

Par.  XXIII.  No  provision  in  this  Constitution,  for  a  two-thirds 
vote  of  both  Houses  of  the  General  Assembly,  shall  be  construed  to 
waive  the  necessity  for  the  signature  of  the  Governor,  as  in  any  other 
case,  except  in  the  case  of  the  two-thirds  vote  required  to  override 
the  veto,  and  in  case  of  prolongation  of  a  session  of  the  General 
Assembly. 

Par.  XXIV.  Neither  House  shall  adjourn  for  more  than  three 
days,  or  to  any  other  place,  without  the  consent  of  the  other ;  and  in 
case  of  a  disagreement  between  the  two  Houses  on  a  question  of  ad- 
journment, the  Governor  may  adjourn  either  or  l)oth  of  them. 

Section  VIII 

Paragraph  I.  The  officers  of  the  two  Houses,  other  than  the  Presi- 
dent and  Speaker,  shall  be  a  Secretary  of  the  Senate  and  Clerk  of  the 
House  of  Eepresentatives,  and  such  assistants  as  they  may  appoint; 
but  the  clerical  expenses  of  the  Senate  shall  not  exceed  sixty  dollars 
per  day  for  each  session,  nor  those  of  the  House  of  Eepresentatives 
seventy  dollars  per  day  for  each  session.  The  Secretary  of  the  Senate 
and  Clerk  of  the  House  of  Representatives  shall  be  required  to  give 
bond  and  security  for  the  faithful  discharge  of  their  respective  duties. 

Section  IX 

Paragraph  I.  The  per  diem  of  members  of  the  General  Assembly 
shall  not  exceed  four  dollars,  and  mileage  shall  not  exceed  ten  cents 
for  each  mile  traveled,  by  the  nearest  practicable  route,  in  going  to 
and  returning  from  the  Capital;  but  the  President  of  the  Senate 
and  the  Speaker  of  the  House  of  Representatives  shall  each  receive 
not  exceeding  seven  dollars  per  day. 

Section   X 

Paragra])li  I.  All  elections  by  the  (leneral  Assembly  shall  be  riva 
voce,  and  the  Note  shall  appear  on  (he  journal  of  the  House  of  Repre- 


Georgia— 1877  853 

sentatives.  Wlien  the  Senate  and  House  of  Representatives  unite 
for  the  purpose  of  elections,  they  shall  meet  in  the  Representative 
Hall,  and  the  President  of  the  Senate  shall,  in  such  cases,  preside 
and  declare  the  result. 

Section  XI 

Paragraph  I.  All  property  of  the  wife  at  the  time  of  her  marriage, 
and  all  property  given  to,  inherited  or  accjuired  by  her,  shall  remain 
her  separate  property,  and  not  be  liable  for  the  debts  of  her  husi>an(l. 

Section  XII 

Paragraph  I,  All  life  insurance  companies  now  doing  business  in 
this  State,  or  which  ma}'  desire  to  establish  agencies  and  do  business 
in  the  State  of  Georgia,  chartered  by  other  States  of  the  TTnion,  or 
foreign  States,  shall  show  that  they  have  deposited  with  the  Comp- 
troller-General of  the  State  in  which  they  are  chartered,  or  of  this 
State,  the  Insurance  Commissioners,  or  such  other  officer  as  may  be 
authorized  to  receive  it,  not  less  than  one  hundred  thousand  dollars, 
in  such  securities  as  may  be  deemed  by  such  officer  equivalent  to  cash, 
subject  to  his  order,  as  a  guarantee  fund  for  the  security  of  policy- 
holders. 

Par.  II.  When  such  showing  is  made  to  the  Comptroller-General 
of  the  State  of  Georgia  by  a  proper  certificate  from  the  State  official 
having  charge  of  the  funds  so  deposited,  the  Comptroller-General  of 
the  State  of  Georgia  is  authorized  to  issue  to  the  company  making 
such  showing  a  license  to  do  business  in  the  State,  upon  paying  the 
fees  required  by  law. 

Par.  III.  All  life  insurance  companies  chartered  by  the  State  of 
Georgia,  or  which  may  hereafter  be  chartered  by  the  State,  shall, 
before  doing  business,  deposit  with  the  Comptroller-General  of  the 
State  of  Georgia,  or  with  some  strong  corporation,  which  may  be 
approved  by  said  Comptroller-General,  one  hundred  thousand  dollars, 
in  such  securities  as  may  be  deemed  by  him  equivalent  to  cash,  to  be 
subject  to  his  order,  as  a  guarantee  fund  for  the  security  of  the  policy- 
holders of  the  company  making  such  deposit,  all  interests  and  divi- 
dends arising  from  such  securities  to  be  paid,  when  due,  to  the  com- 
pany so  depositing.  Any  such  securities  as  may  be  needed  or  de- 
sired l)y  the  compan}'^  may  be  taken  from  said  Department  at  any 
time  by  replacing  them  with  other  securities  equally  accei)table  to 
the  Comptroller-General,  whose  certificate  for  the  same  shall  be  fur- 
nished to  the  company. 

Par.  IV.  The  General  Assembly  shall,  from  time  to  time,  enact 
laws  to  compel  all  fire  insurance  companies  doing  business  in  this 
State,  whether  chartered  by  this  State  or  othei'wise,  to  deposit  rea- 
sonable securities  with  the  Treasurer  of  this  State,  to  secure  (he 
l)eople  against  loss  by  the  operaticms  of  said  comjianies. 

Par.  V.  The  General  Assembly  shall  compel  all  insurance  compa- 
nies in  this  State,  or  doing  business  thei-ein.  undei-  pro})er  penalties, 
to  make  semi-annual  reports  to  the  Governor,  and  print  the  same,  ac 
their  own  expense,  for  the  information  and  protection  of  the  people. 


854  Georgia— 1877 

I'OWEK  OI'  TIIK  (iKXEHAI,   ASSKM  I'.I.'i    OVKK   TAXATION 

SK(    TION     I 

Paragraph  I.  The  right  of  taxation  is  a  sovereign  right,  inalien- 
able, indestructible,  is  the  life  of  the  State,  and  rightfully  belongs  to 
the  people  in  all  Eepublican  governments,  and  neither  the  (Jeneral 
Assembly,  nor  any,  nor  all  other  departments  of  the  (xovei-nment 
established  by  this  Constitntion,  shall  ever  have  the  authority  to 
irrevocably  give,  grant,  limit,  or  restrain  this  right;  and  all  laws, 
grants,  contracts,  and  all  other  acts  whatsoever,  by  said  Government, 
or  any  department  thereof,  to  effect  any  of  these  purposes,  shall  be, 
and  are  hereby,  declared  to  be  null  and  void  for  every  purpose  what- 
soever; and  said  right  of  taxtion  shall  always  be  under  the  complete 
control  of,  and  revocable  by  the  State,  notwithstanding  any  gift, 
grant,  or  contract  whatsoever  by  the  General  Assembly. 

Section  II 

Paragraph  I.  The  power  and  authority  of  regulating  railroad 
freights  and  passenger  tariffs,  preventing  unjust  discriminations,  and 
requiring  reasonoble  and  just  rates  of  freight  and  passenger  tariffs, 
are  hereby  conferred  upon  the  General  Assembly,  whose  duty  it  shall 
be  to  pass  laws,  from  time  to  time,  to  regulate  freight  and  passenger 
tariffs,  to  prohibit  unjust  discriminations  on  the  various  railroads 
of  this  State,  and  to  prohibit  said  roads  from  charging  other  than 
just  and  reasonable  rates,  and  enforce  the  same  by  adequate  pen- 
alties. 

Par.  II.  The  exercise  of  the  right  of  eminent  domain  shall  never 
be  abridged,  nor  so  construed  as  to  prevent  the  General  Assembly 
from  taking  the  property  and  franchises  of  incorporated  companies, 
and  subjecting  them  to  public  use,  the  same  as  property  of  individuals ; 
and  the  exercise  of  the  police  power  of  the  State  shall  never  be 
abridged,  nor  so  construed  as  to  permit  corporations  to  conduct  their 
business  in  such  a  manner  as  to  infringe  the  equal  rights  of  individ- 
uals, or  to  the  general  well-being  of  the  State. 

Par.  III.  The  General  Assembly  shall  not  remit  the  forfeiture  of 
the  charter  of  any  corporation  now  existing,  nor  alter  or  amend  the 
same,  nor  j^ass  any  other  general  or  special  law  for  the  benefit  of 
said  corporation,  except  upon  the  condition  that  said  corporation 
shall  thereafter  hold  its  charter  subject  to  the  provisions  of  this 
Constitution ;  and  every  amendment  of  any  charter  of  any  corpora- 
tion in  this  State,  or  any  special  law  for  its  benefit,  accepted  thereby, 
shall  oi)erate  as  a  novation  of  said  charter  and  shall  bring  the  same 
under  the  provisions  of  this  Constitution :  Provided,  that  this  section 
shall  not  extend  to  any  amendment  for  the  purpose  of  allowing  any 
existing  road  to  take  stock  in  or  aid  in  the  building  of  any  branch 
road. 

Par.  IV.  The  General  Assembly  of  this  State  shall  have  no  power 
to  authorize  any  corporation  to  buy  shares,  or  stock,  in  any  other 
corporation  in  this  State,  or  elsewhere,  or  to  make  any  contract,  or 
agreement  whatever,  with  any  such  corporation,  which  may  have  the 


Georgia— 1877  855 

effect,  or  be  intended  to  have  the  effect,  to  defeat  or  lessen  competition 
in  their  respective  businesses,  or  to  encourage  monopoly;  and  all 
such  contracts  and  agreements  shall  be  illegal  and  void. 

Par.  V.  No  railroad  conipan}^  shall  give,  or  pay,  any  rebate,  or 
bonus  in  the  nature  thereof,  directly  or  indirectly,  or  do  any  act  to 
mislead  or  deceive  the  public  as  to  the  real  rates  charged  or  received 
for  freights  or  passage;  and  any  such  pajaiients  shall  be  illegal  and 
void,  antl  these  prohibitions  shall  be  enforced  by  suitable  penalties. 

Par.  VI.  No  provision  of  this  article  shall  be  deemed,  held  or  taken 
to  im[)air  the  obligation  of  any  contract  heretofore  made  by  the  State 
of  Georgia. 

Par.  VII.  The  General  AssembW  shall  enforce  the  provisions  of 
this  article  by  appropriate  legislation. 

Article  V 

EXECUTIVE    DEPARTMENT 
Section  I 

Paragraph  I.  The  officers  of  the  Executive  Department  shall  con- 
sist of  a  (xovernor,  Secretary  of  State.  Comptroller-General  and 
Treasurer. 

Par.  II.  The  Executive  power  shall  be  vested  in  a  Governor,  who 
shall  hold  his  office  during  the  term  of  two  years,  and  until  his  suc- 
cessor shall  be  chosen  and  qualified.  He  shall  not  be  eligible  to 
reelection,  after  the  expiration  of  a  second  term,  for  the  period  of 
four  years.  He  shall  have  a  salary  of  three  thousand  dollars  per 
annum  (until  otherwise  provided  by  a  law  ])assed  by  a  two-thirds' 
vote  of  both  branches  of  the  General  Assembly),  which  shall  not  be 
increased  or  diminished  during  the  period  for  which  he  shall  h4ve 
been  elected ;  nor  shall  he  receive,  within  that  time,  any  other  emolu- 
ment from  the  United  States,  or  either  of  them,  or  from  any  foreign 
power.  But  this  reduction  of  salary  shall  not  apply  to  the  present 
term  of  the  ])resent  Governor. 

Par.  III.  The  first  election  for  Governor,  under  this  Constitution, 
shall  be  held  on  the  first  Wednesday  in  October,  1880,  and  the  (tov- 
ernor-elect  shall  be  installed  in  office  at  the  next  session  of  the  Gen- 
eral Assembly.  An  election  shall  take  place  biennially  thereafter  on 
said  day,  until  another  date  be  fixed  by  the  General  Assembly.  Said 
election  shall  be  held  at  the  places  of  holding  general  elections  in  the 
several  counties  of  this  State,  in  the  manner  prescribed  for  the  elec- 
tion of  members  of  the  General  Assembly,  and  the  electors  shall  be 
the  same. 

Par.  IV.  The  returns  for  every  election  of  Governor  shall  be  sealed 
up  by  the  managers,  separately  from  other  returns,  and  directed  to 
the  President  of  the  Senate  and  Speaker  of  the  House  of  Representa- 
tives, and  transmitted  to  the  Secretary  of  State,  who  shall,  without 
opening  said  returns,  cause  the  same  to  be  laid  before  the  Senate  on 
the  day  after  the  two  Houses  shall  have  been  organized,  aiul  they 
shall  be  transmitted  by  the  Senate  to  the  House  of  Representatives, 

Par.  V.  The  members  of  each  branch  of  the  General  Assembly  shall 
convene  in  the  Representative  Hall,  and  the  President  of  the  Senate 


856  Georgia— 1877 

suid  Speaker  of  the  HoiiHe  of  liepiesciilatives  shall  open  and  publish 
the  returns  in  the  ])resence  and  under  the  direction  of  the  (Jeneral 
Assembly;  and  the  ])erson  havin^-  the  majority  of  tlie  Avhoie  numl)er 
of  A'otes  shall  be  declared  duly  elected  (iovernor  of  this  State;  but  if 
no  person  shall  have  such  majority,  then  from  the  two  persons  having 
the  highest  number  of  votes  Avho  shall  be  in  life,  and  shall  not 
decline  an  election  at  the  time  appointed  by  the  General  Assembly 
to  elect,  the  (Jeneral  Assembly  shall  innnediately  elect  a  Governor 
viva  voce;  and  in  all  cases  of  election  of  a  Governor  by  the  (xeneral 
Assembly  a  majority  of  the  members  present  shall  be  necessary  to  a 
choice. 

Par.  VI.  Contested  elections  shall  be  determined  by  both  Houses  of 
the  General  Assembh^  in  such  manner  as  shall  be  prescribed  by  law. 

Par.  VII.  Xo  person  shall  be  eligible  to  the  office  of  Governor  who 
shall  not  have  been  a  citizen  of  the  United  States  fifteen  years,  and  a 
citizens  of  the  State  six  years,  and  who  shall  not  have  attained  the  age 
of  thirty  years. 

Par.  VIII.  In  case  of  the  death,  resignation  or  disability  of  the 
Governor,  the  President  of  the  Senate  shall  exercise  the  Executive 
powers  of  the  government  until  such  disability  be  removed,  or  a 
successor  is  elected  and  qualified.  And  in  case  of  the  death,  resigna- 
tion or  disability  of  the  President  of  the  Senate,  the  Speaker  of  the 
House  of  Representatives  shall  exercise  the  Executive  powers  of  the 
government  until  the  removal  of  the  disability,  or  the  election  and 
qualification  of  a  Governor. 

Par.  IX.  The  General  Assembly  shall  have  power  to  provide  by  law 
for  filling  unexpired  terms  by  special  elections. 

Par.  X.  The  Governor  shall,  before  he  enters  on  the  duties  of  his 
office,  take  the  following  oath  or  affirmation :  ''  I  do  solemnly  swear 
(or  affirm  as  the  case  may  be)  that  I  will  faithfully  execute  the  office 
ot  Governor  of  the  State  of  Georgia,  and  will,  to  the  best  of  my 
ability,  preserve,  protect  and  defend  the  Constitution  thereof,  and 
the  Constitution  of  the  United  States  of  America.'' 

Par.  XL  The  Governor  shall  be  Commander-in-Chief  of  the  army 
and  navy  of  this  State,  and  of  the  militia  thereof. 

Par.  XII.  He  shall  have  power  to  grant  reprieves  and  pardons, 
to  commute  penalties,  remove  disabilities  imposed  by  law,  and  to 
remit  au}^  part  of  a  sentence  for  olfences  against  the  State,  after  con- 
viction, except  in  cases  of  treason  and  impeachment,  subject  to  such 
regulations  as  may  be  provided  by  law  relative  to  the  manner  of 
applying  for  pardons.  Upon  conviction  for  treason  he  may  suspend 
the  execution  of  the  sentence  and  report  the  case  to  the  General 
Assembly  at  the  next  meeting  thereof,  when  the  General  Assembly 
shall  either  pardon,  commute  the  sentence,  direct  its  execution  or 
grant  a  further  reprieve.  He  shall,  at  each  session  of  the  General 
Assembly,  communicate  to  that  body  each  case  of  reprieve,  pardon  or 
commutation  granted,  stating  the  name  of  the  convict,  the  offense 
for  which  he  was  convicted,  the  sentence  and  its  date,  the  date  of  the 
reprieve,  pardon  or  commutation,  and  the  reasons  for  granting  the 
same.  He  shall  take  care  that  the  laws  are  faithfully  executed,  and 
shall  he  a  conservator  of  the  peace  throughout  the  State. 

Par.  XIII.  He  shall  issue  writs  of  election  to  fill  all  vacancies  that 
may  happen  in  the  Senate  or  House  of  Representatives,  and  shall  give 


Georgia— 1877  857 

the  General  Assembly,  from  time  to  time,  information  of  the  state  of 
the  commonwealth,  and  recommend  to  their  consideration  snch  meas- 
ures as  he  may  deem  necessary  or  expedient.  He  shall  have  power  to 
convoke  the  General  Assembly  on  extraordinary  occasions,  but  no  law 
shall  be  enacted  at  call  sessions  of  the  General  Assembly  except  such 
as  shall  relate  to  the  object  stated  in  his  proclamation  convening  them^ 

Par.  XIV,  AMien  any  office  shall  I)ecome  vacant,  by  death,  resigna- 
tion or  otherwise,  the  Governor  shall  have  power  to  hll  such  vacancy, 
unless  otherwise  provided  by  law;  and  persons  so  appointed  shall 
continue  in  office  until  a  successor  is  commissioned,  agreeably  to  the 
mode  pointed  out  in  the  Constitution,  or  by  law  in  pursuance  thereof. 

Par.  XV.  A  person  once  rejected  by  the  Senate  shall  not  be  reap- 
pointed by  the  (lovernor  to  the  same  office  during  the  same  session  of 
the  recess  thereafter. 

Par.  XVI.  The  Governor  shall  have  the  revision  of  all  bills  passed 
\)\  the  (leneral  Assembly,  before  the  same  shall  become  laws,  but 
two-thirds  of  each  House  may  pass  a  law,  notwithstanding  his  dis- 
sent :  and  if  any  bill  shall  not  be  returned  by  the  Governor  within 
five  daj^s  (Sunday  excepted)  after  it  has  been  presented  to  him,  the 
same  shall  be  a  law,  unless  the  General  Assemblv,  by  their  adjourn- 
ment, shall  prevent  its  return.  He  may  approve  any  approi)riation, 
and  disapprove  any  other  appropriation,  in  the  same  bill,  and  the 
latter  shall  not  be  effecttial,  unless  passed  by  two-thirds  of  each  House. 

Par.  XVII.  Every  vote,  resolution  or  order,  to  which  the  concur- 
lence  of  both  Houses  may  be  necessary,  except  on  a  question  of  elec- 
tion or  adjournment,  shall  be  presented  to  the  Governor,  and  before 
it  shall  take  effect  be  approved  by  him,  or,  being  disapproved,  shall 
be  re-passed  by  two-thirds  of  each  House. 

Par,  XVIII.  He  may  require  information,  in  writing,  from  the 
officers  in  the  Exectitive  Department  on  any  subject  relating  to  the 
duties  of  their  respective  offices.  It  shall  be  the  duty  of  the  (irovernor, 
([uarterly.  and  oftener  if  he  deems  it  expedient,  to  examine,  imder 
oath,  the  Treasurer  and  Comptroller-General  of  the  State  on  all 
matters  pertaining  to  their  respective  offices,  and  to  inspect  and 
review  their  books  and  accounts.  The  General  Assembly  shall  have 
Muthority  to  provide  by  law  for  the  suspension  of  either  of  said  offi- 
cers from  the  discharge  of  the  duties  of  his  office,  and  al<o  for  the 
appointment  of  a  suitable  person  to  discharge  the  duties  of  the  same. 

Par.  XIX.  The  Governor  shall  have  power  to  appoint  hi^s  own  Sec- 
retaries, not  exceeding  two  in  number,  and  to  provide  such  other 
clerical  force  as  may  l)e  re(piired  in  his  office,  but  the  total  cost  for 
Secretaries  and  clerical  force  in  his  office  shall  not  exceed  six  thou- 
sand dollars  per  annum. 

Section  II 

Paragraph  I.  The  Secretary  of  State,  Comptroller-(ieneral  and 
Treasurer  shall  be  elected  by  the  persons  qualified  to  vote  for  mem- 
bers of  the  General  Assembly,  at  the  same  time  and  in  the  same 
manner  as  the  (iovernor.  The  provision  of  the  Constitution  as  to 
the  transmission  of  the  returns  of  election,  counting  the  votes,  declar- 
ing the  result,  di'ciding  when  there  is  no  election,  and  when  there  is 
a  contested  election,  applicable  to  the  election  of  (iovernor,  shall 
apply  to  the  election  of  Secretary  of  State,  Comj^troller-Crenei-al  and 


858  Georgia— 1877 

Treasurer;  they  shall  be  commissioned  by  the  Governor  and  hold 
their  office  for  the  same  time  as  the  Governor. 

I  Par.  II.  The  salary  of  the  Treasurer  shall  not  exceed  two  thousand 
dollars  per  annum.  The  clerical  expenses  of  his  department  shall 
not  exceed  sixteen  hundred  dollars  per  anninii. 

V  Par.  III.  The  salary  of  the  Secretar}^  of  State  shall  not  exceed  two 
thousand  dollars  per  annum,  and  the  clerical  expenses  of  his  depart- 
ment shall  not  exceed  one  thousand  dollars  per  annum. 
I  Par.  IV.  The  salary  of  the  Comptroller-General  shall  not  exceed 
two  thousand  dollars  per  annum.  The  clerical  exj^enses  of  his  depart- 
ment, including  the  Insurance  Department  and  AVild  I^and  Clerk, 
shall  not  exceed  four  thousand  dollars  per  annum ;  and  without  said 
clerk,  it  shall  not  exceed  three  thousand  dollars  per  annum. 

Par.  V.  The  Treasurer  shall  not  be  allowed  directly  or  indirectly, 
to  receive  any  fee,  interest  or  reward  from  any  person,  bank  or  cor- 
poration for  the  deposit  or  use,  in  any  manner,  of  the  public  funds; 
and  the  General  Assembly  shall  enforce  this  provision  by  suitable 
penalties. 

Par.  VI.  No  person  shall  be  eligible  to  the  office  of  Secretary  of 
State,  Comptroller-General,  or  Treasurer,  unless  he  shall  have  been 
a  citizen  of  the  United  States  for  ten  years,  and  shall  have  resided  in 
this  State  for  six  years  next  preceding  his  election,  and  shall  be 
tAventy-five  years  of  age  when  elected.  All  of  said  officers  shall  give 
bond  and  security,  under  regulations  to  be  prescribed  by  law,  for  the 
faithful  discharge  of  their  duties. 

Par.  VII.  The  Secretary  of  State,  the  Comptroller-General  and  the 
Treasurer  shall  not  be  allowed  any  fee,  perquisite  or  compensation 
other  than  their  salaries,  as  prescribed  by  law,  except  their  necessary 
expenses  wdien  absent  from  the  seat  of  government  on  business  for 
the  State. 

Section  III 

Paragraph  I.  The  Great  Seal  of  the  State  shall  be  deposited  in  the 
office  of  the  Secretary  of  State,  and  shall  not  be  affixed  to  any  instru- 
went  of  writing  except  by  order  of  the  Governor,  or  General  Assem- 
bly, and  that  now  in  use  shall  be  the  Great  Seal  of  the  State  until 
otherwise  provided  by  law. 

Article  VI 

JUDICIARr 

Section   I 

Paragraph  I.  The  judicial  powers  of  this  State  shall  be  vested  in  a 
Supreme  Court,  Superior  Courts,  Courts  of  Ordinary,  Justice  of  the 
Peace,  commissioned  Notaries  Public,  and  other  Courts,  as  have  been 
or  may  be  established  by  law. 

Section  II 

Paragraph  I.  The  Supreme  Court  shall  consist  of  a  Chief  Justice 
and  two  Associate  Justices.  A  majority  of  the  Court  shall  constitute 
a  quorum. 


Georgia— 1877  859 

Par.  II.  When  one  or  more  of  the  Judges  are  disqualified  from 
deciding  any  case,  by  interest  or  otherwise,  the  Governor  shall  des- 
ignate a  Judge,  or  Judges,  of  the  Superior  Courts  to  preside  in  said 
case. 

Par.  III.  Xo  Judge  of  an}^  Court  shall  preside  in  any  case  Avhere 
the  validity  of  any  bond — Federal,  State,  corporation  or  municipal — 
is  involved,  who  holds  in  his  own  right,  or  as  the  representative  of 
others,  any  material  interest  in  the  class  of  bonds  upon  Avhich  the 
question  to  be  decided  arises. 

Par.  IV.  The  Chief  Justice  and  Associate  Justices  shall  hold  their 
offices  for  six  j^ears,  and  until  their  successors  are  qualified.  .V  suc- 
cessor to  the  incumbent  whose  term  Avill  soonest  expire  shall  l)e  elected 
by  the  General  Assembly  in  1880;  a  successor  to  the  incumbent  whose 
term  of  office  is  next  in  duration  shall  be  elected  by  the  General  As- 
sembly in  1882 ;  and  a  successor  to  the  third  incumbent  shall  be  elected 
by  the  General  Asseml)ly  in  1884;  but  appointments  to  fill  vacancies 
shall  only  be  for  the  unexpired  term,  or  until  such  vacancies  are  filled 
by  elections,  agreeably  to  the  mode  jDointed  out  by  this  Constitution. 

Par.  V.  The  Supreme  Court  shall  have  no  original  jurisdiction,  but 
shall  be  a  Court  alone  for  the  trial  and  correction  of  errors  from  the 
Superior  Courts,  and  from  the  City  Courts  of  Atlanta  and  Savannah, 
and  such  other  like  Court  as  may  be  hereafter  established  in  other 
cities;  and  shall  sit  at  the  seat  of  government,  at  such  times  in  each 
year  as  shall  be  prescribed  by  law,  for  the  trial  and  determination  of 
writs  of  error  from  said  Superior  and  City  Courts. 

Par.  VI.  The  Supreme  Court  sjiall  dispose  of  every  case  at  the  first 
or  second  term  after  such  writ  of  error  is  brought;  and  in  case  the 
plaintiff  in  error  shall  not  be  prepared  at  the  first  term  to  prosecute 
the  case — unless  prevented  by  providential  cause — it  shall  be  stricken 
from  the  docket,  and  the  judgment  below  shall  stand  affirmed. 

Par.  VII.  In  any  case  the  Court  may,  in  its  discretion,  withhold 
its  judgment  until  the  next  term  after  the  same  is  argued. 

Section  III 

Paragraph  I.  There  shall  be  a  Judge  of  the  Superior  Court  for 
each  Judicial  Circuit,  whose  term  of  office  shall  ho  four  years,  and 
until  his  successor  is  qualified.  He  may  act  in  other  circuits  when 
authorized  by  law. 

Par.  II.  The  successors  to  the  present  incumbents  shall  be  elected 
by  the  General  Assembly  as  follows:  To  the  half  (as  near  as  may  be) 
whose  commissions  are  the  oldest,  in  the  year  1878;  and  to  the  others 
.in  the  year  1880.  All  subsequent  elections  shall  be  at  the  session  of 
llie  General  Assembly  next  preceding  the  expiration  of  the  terms  of 
incumbents,  except  elections  to  fill  vacancies.  The  day  of  (>l(>cti<)n 
may  be  fixed  by  the  (leneral  Assembly. 

l^ir.  III.  The  terms  of  the  Judges  to  be  elected  under  the  Consti- 
tution (except  to  fill  vacancies)  shall  begin  on  the  first  day  of  Janu- 
ary, after  their  elections.  But  if  the  time  for  the  meeting  of  the 
General  Assembly  shall  be  changed,  the  General  Assembly  may 
change  the  time  when  the  terms  of  Judges  thereafter  elected  shall 
begin. 


860  Georgia— 1877 

Section  IV 

Paragraph  I.  The  Superior  Courts  shall  lune  exclusive  jurisdic- 
tion in  cases  of  divorce;  in  criminal  cases  where  the  offender  is  sub- 
jected to  loss  of  life,  or  confinement  in  the  penitentiary ;  in  cases 
respecting  titles  to  land,  and  equity  cases. 

Par.  II.  The  General  Assembly  may  confer  upon  the  Courts  of 
common  law  all  the  powers  heretofore  exercised  by  Courts  of  Equity 
in  this  State. 

Par.  III.  Said  Courts  shall  have  jurisdiction  in  all  civil  cases, 
except  as  hereinafter  provided. 

Par.  IV.  They  shall  have  appellate  jurisdiction  in  all  such  cases 
as  may  be  provided  by  law. 

Par.  V.  They  shall  have  power  to  correct  errors  in  inferior  judica- 
tories by  writ  of  certiorai,  Avhich  shall  only  issue  on  the  sanction  of 
the  Judge;  and  said  Courts  and  the  Judges  thereof  shall  have  power 
to  issue  writs  of  mandamus,  prohibition,  scire  facias,  and  all  other 
writs  that  ma}^  be  necessary  for  carrying  their  powers  fully  into 
effect,  and  shall  have  such  other  powers  as  are  or  may  be  conferred 
on  them  by  law. 

Par.  VI.  The  General  Assembly  may  provide  for  an  appeal  from 
one  jury,  in  the  Superior  and  City  Courts  to  another,  and  the  said 
Court  may  grant  new  trials  on  legal  grounds. 

Par.  Vll.  The  Court  shall  render  judgment  without  the  verdict  of 
a  jury,  in  all  civil  cases  founded  on  unconditional  contracts  in  writ- 
ing, where  an  issuable  defense  is  not  filed  under  oath  or  affirmation. 

Par.  VIII.  The  Superior  Courts  shall  sit  in  each  county  not  less 
than  twice  in  each  year  at  such  times  as  have  been  or  may  be 
appointed  by  law. 

Par.  IX.  The  General  Assembly  may  provide  by  law  for  the 
appointment  of  some  proper  person  to  preside  in  cases  where  the  pre- 
siding Judge  is,  from  any  cause,  disqualified. 

Section  V 

Paragraph  I.  In  any  county  Avithin  which  there  is,  or  hereafter 
may  be,  a  City  Court,  the  Judge  of  said  Court,  and  of  the  Superior 
Court,  nuiy  preside  in  the  Courts  of  each  other  in  cases  where  the 
Judge  of  either  Court  is  disqualified  to  preside. 

Section  VI 

Paragraph  I.  The  powers  of  a  Court  of  Ordinary  and  of  Probate, 
shall  be  vested  in  an  Ordinary  for  each  county,  from  whose  decision 
there  may  be  an  appeal  (or,  by  consent  of  parties,  without  a  decision) 
to  the  Superior  Court,  under  regulations  prescribed  by  law. 

Par.  II.  The  Courts  of  Ordinary  shall  have  such  powers  in  rela- 
tion to  roads,  bridges,  ferries,  public  buildings,  paupers,  county  offi- 
cers, count}'  funds,  county  taxes,  and  other  county  matters  as  may  be 
conferred  on  them  by  law. 

Par.  III.  The  Ordinary  shall  hold  his  office  for  the  term  of  four 
vears,  and  until  his  successor  is  elected  and  qualified. 


Georgia— 1877  861 

Section  VII 

Paragraph  I.  There  shall  be  in  each  militia  district  one  Justice  of 
the  Peace,  whose  oiRcial  term,  except  when  elected  to  fill  an  imexpired 
term,  shall  be  four  years. 

Par.  II.  Justices  of  the  Peace,  shall  have  jurisdiction  in  all  civil 
cases,  arising  ex  contractu,  and  in  cases  of  injury  or  damage  to  per- 
sonal property,  when  the  principal  sum  does  not  exceed  one  hundred 
dollars,  and  shall  sit  monthly  at  fixed  times  and  j^laces;  but  in  all 
cases  there  may  be  an  appeal  to  a  jury  in  said  Court,  or  an  appeal  to 
the  Superior  Court,  under  such  regulations  as  may  be  prescribed 
by  law. 

Par.  III.  Justices  of  the  Peace  shall  be  elected  by  the  legal  voters 
in  their  respective  districts,  and  shall  l^e  commissioned  by  the  Gov- 
ernor. They  shall  be  removable  on  conviction  for  mali)ractice  in 
office. 

Section  VI II 

Paragraph  I.  Commissioned  Xotaries  Public,  not  to  exceed  one  for 
each  militia  district,  may  be  appointed  by  the  Judges  of  the  Superior 
Courts,  in  their  respective  circuits,  upon  recommendation  of  the 
grand  juries  of  the  several  counties.  They  shall  be  commissioned  by 
the  Governor  for  the  term  of  four  years,  and  shall  be  ex  o-fficio  Jus- 
tices of  the  Peace,  and  shall  be  removable  on  conviction  for  malprac- 
tice in  office. 

Section  IX 

Paragraph  I.  The  jurisdiction,  powers,  proceedings  and  practice  of 
all  Courts  or  officers  invested  with  judicial  powers  (except  City 
Courts),  of  the  same  grade  or  class,  so  far  as  regulated  by  law,  and 
the  force  and  effect  of  the  process,  judgment  and  decree,  by  such 
Courts,  severally,  shall  be  uniform.  This  uniformity  must  be  estab- 
lished by  the  General  Assembly. 

Section  X 

Paragraph  I.  There  shall  be  an  Attorney-General  of  this  State, 
Avho  shall  be  elected  by  the  people  at  the  same  time,  for  the  same 
term  and  in  the  same  manner  as  the  Governor. 

Par.  II.  It  shall  be  the  duty  of  the  Attorney-General  to  act  as  the 
legal  adviser  of  the  Executive  Department,  to  represent  the  State  in 
the  Supreme  Court  in  all  capital  felonies;  and  in  all  civil  and  crimi- 
nal cases  in  any  Court  when  required  by  the  Governor,  and  to  per- 
form such  other  services  as  shall  be  required  of  him  by  law. 

Section  XI 

Paragraph  I.  There  shall  be  a  Solicitor-General  for  each  judicial 
circuit,  whose  official  term,  except  when  commissioned  to  fill  an  unex- 
pired term,  shall  be  four  years. 

Par.  II.  It  shall  be  the  duty  of  the  Solicitor-General  to  re])rescnt 
the  State  in  all  cases  in  the  Superior  Courts  of  his  circuit,  and  in  all 
cases  taken  up  from  his  circuit  to  the  Sujircme  Court,  and  to  perform 
such  other  services  as  shall  be  recjuired  of  him  by  law. 
7251— VOL  1—07 57 


862  Georgia— 1877 

Section  XII 

Parag-rapli  I.  The  Judges  of  the  Supreme  and  Superior  Courts 
and  Solicitor-General  shall  l)e  elected  by  the  General  Assembly,  in 
joint  session,  on  such  day  or  days  as  shall  be  fixed  by  joint  resolution 
of  both  Houses.  At  the  session  of  the  General  Assembly  which  is 
held  next  before  the  expiration  of  the  terms  of  the  present  incum- 
bents, as  provided  in  this  Constitution,  their  successors  shall  be 
chosen ;  and  the  same  shall  apply  to  the  election  of  those  who  shall 
succeed  them.  Vacancies  occasioned  by  death,  resignation  or  other 
cause  shall  be  filled  by  appointment  of  the  Governor,  until  the  Gen- 
eral Assembly  shall  convene,  when  an  election  shall  be  held  to  fill  the 
•unexpired  portion  of  the  vacant  terms. 

Section  XIII 

Paragraph  I.  The  Judges  of  the  Supreme  CouiX  shall  have,  out  of 
the  Treasury  of  the  State,  salaries  not  to  exceed  three  thousand  dol- 
lars per  annum ;  the  Judges  of  the  Superior  Courts  sliall  have  salaries 
not  to  exceed  two  thousand  dollars  per  annum;  the  Attorney-General 
shall  have  a  salary  not  to  exceed  two  thousand  dollars  per  annum; 
and  the  Solicitors-General  shall  each  have  salaries  not  to  exceed  two 
hundred  and  fifty  dollars  per  annum ;  but  the  Attorney-General  shall 
not  have  any  fee  or  perquisite  in  any  cases  arising  after  the  adoption 
of  this  Constitution ;  but  the  provisions  of  this  section  shall  not  affect 
the  salaries  of  those  now  in  office. 

Par.  II.  The  General  Assembly  may,  at  any  time,  by  a  two-thirds 
vote  for  each  branch,  prescribe  other  and  different  salaries  for  any 
or  all,  of  the  above  officers,  but  no  such  change  shall  affect  the  officers 
then  in  commission. 

Section  XIV 

Paragraph  I.  No  person  shall  be  Judge  of  the  Supreme  or  Supe- 
rior Courts,  or  Attorney-General,  unless,  at  the  time  of  his  election 
he  shall  have  attained  the  age  of  thirty  years,  and  shall  have  been  a 
citizen  of  the  State  three  years,  and  have  practiced  law  for  seven 
years;  and  no  person  shall  be  hereafter  elected  Solicitor-General, 
unless,  at  the  time  of  his  election,  he  shall  have  attained  twenty-five 
years  of  age,  shall  have  been  a  citizen  of  the  State  for  three  years, 
and  shall  have  jDracticed  law  for  three  years  next  preceding  his 
election. 

Section  XY 

Paragraph  I.  Xo  total  divorce  shall  be  granted,  except  on  the  con- 
current verdicts  of  two  juries  at  different  terms  of  the  Court. 

Section  XVI 

Paragraph  I.  Divorce  cases  shall  be  brought  in  the  county,  where 
the  defendant  resides,  if  a  resident  of  this  State :  if  the  defendant 
be  not  a  resident  of  this  State,  then  in  the  county  in  which  the  plain- 
tiff resides. 

Par.  II.  Cases  respecting  titles  to  land  shall  be  tried  in  the  county 
where  the  land  lies,  except  where  a  single  tract  is  divided  by  a 
county  line,  in  which  case  the  Superior  Court  of  either  county  shall 
have  jurisdiction. 


Georgia— 1877  863 

Par.  III.  Equity  cases  shall  be  tried  in  the  county  where  a  defend- 
ant resides  against  whom  substantial  relief  is  prayed. 

Par.  IV.  Suits  against  joint  obligors,  joint  promisors,  co-partners, 
or  joint  trespassers,  residing  in  different  counties,  may  be  tried  in 
either  county. 

Par.  Y.  Suits  against  the  maker  and  indorser  of  promissory  notes, 
or  drawer,  acceptor  and  indorser  of  foreign  or  inland  bills  of  ex= 
chang;e,  or  like  instruments,  residing  in  different  counties,  shall  b^ 
brought  in  the  county  where  the  niaker  or  acceptor  resides. 

Par.  VI.  All  other  civil  cases  shall  be  tried  in  the  county  whertJ 
the  defendant  resides,  and  all  criminal  cases  shall  be  tried  in  thcJ 
county  where  the  crime  was  committed^  except  cases  in  the  Superior 
Courts  where  the  Judge  is  satisfied  that  an  impartial  jury  cannot  be 
obtained  in  such  county. 

gECtiON  xvit 

Paragraph  I.  The  power  to  change  the  venue  in  civil  and  criminal 
cases  shall  be  vested  in  the  Superior  Courts,  to  be  exercised  in  such 
manner  as  has  been,  or  shall  be,  provided  by  law. 

Section  XVIII 

Paragraph  I.  The  right  of  trial  by  jury,  except  where  it  is  other- 
wise provided  in  this  Constitution,  shall  remain  inviolate,  but  the 
General  Assembly  may  prescribe  any  number,  not  less  than  five,  to 
constitute  a  trial  or  traverse  jury  in  Courts  other  than  the  Superior 
and  City  Courts. 

Par.  II.  The  General  Assembly  shall  provide  by  law  for  the  selec- 
tion of  the  most  experienced,  intelligent  and  upright  men  to  serve  as 
^rand  jurors,  and  intelligent  and  upright  men  to  serve  as  traverse 
jurors.  Nevertheless,  the  grand  jurors  shall  be  competent  to  serve  as 
traverse  jurors. 

Par.  III.  It  shall  be  the  duty  of  the  General  Assembly,  by  general 
laws,  to  prescribe  the  manner  of  fixing  compensation  of  jurors  in  all 
counties  in  this  State. 

Section  XIX 

Paragraph  I.  The  General  Assembly  shall  have  power  to  provide 
for  the  creation  of  County  Commissioners  in  such  counties  as  may 
require  them,  and  to  define  their  duties. 

Section  XX 

Paragraph  I.  All  Courts  not  specially  mentioned  by  name  in  the 
first  section  of  this  article  may  be  abolished  in  any  county,  at  the  dis- 
cretion of  the  General  Assembly. 

Section  XXI 

Paragraph  I.  The  costs  in  the  Supreme  Court  shall  not  exceed  ten 
dollars,  unless  otherwise  provided  by  law.  Plaintiff's  in  error  shall 
not  be  required  to  pay  costs  in  said  Court  when  the  usual  pauper  oath 
is  filed  in  the  Court  below. 


864  Georgia— 1877 

Article  VII 

FINANCE,   TAXATION    AND    PUBMC    DEBT 
Section  I 

Paragraph  I.  Tho  poAvers  of  taxation  over  tlie  Avhole  State  shall  be 
exercised  by  the  (xeneral  Assembly  for  the  following  purposes  only: 
_  For  tho  support  of  the  State  (jovernnient  and  the  public  institu- 
tions. 

For  edticational  ]>urposes,  in  instructing  children  in  the  elementary 
branches  of  an  English  education  only. 

To  pay  the  interest  on  the  pul)lic  del)t. 

To  pay  the  principal  of  the  public  debt._ 

To  suppress  insurrection^  to  repel  invasion,  and  defend  the  State  in 
time  of  war. 

To  supply  the  soldiers  who  lost  a  limb,  or  limbs,  in  the  military 
service  of  the  Confederate  States  with  substantial  artificial  limbs  dur- 
ing life;  and  to  make  suitable  provisions  for  such  Confederate  Sol- 
diers as  may  have  otherwise  been  disabled  or  permanently  injured 
in  such  service;  and  for  the  widows  of  such  Confederate  Soldiers  as 
may  have  died  in  the  service  of  Confederate  States,  or  since  from 
wounds  received  therein,  or  disease  contracted  therein. 

Section  II 

Paragraph  I.  All  taxation  shall  be  uniform  upon  the  same  class  of 
subjects,  and  ad  valorem  on  all  property  subject  to  be  taxed  Avithin 
the  territorial  limits  of  the  authority  levying  the  tax,  and  shall  be 
leA'ied  and  collected  under  general  laws.  The  General  Assembly  may, 
however,  impose  a  tax  upon  such  domestic  animals  as,  from  their 
nature  and  habits,  are  destructive  of  other  property. 

Par.  II.  The  General  Assembly  may,  by  hnv,  exempt  from  taxation 
all  pul)lic  property,  places  of  religious  AA'orship  or  burial ;  all  institu- 
tions of  purely  public  charity;  all  buildings  erected  for  and  used  as 
a  college,  incorporated  academy,  or  other  seminary  of  learning;  the 
real  and  personal  estate  of  any  public  library,  and  that  of  any  other 
literary  association,  used  bv  or  connected  with  such  library ;  all  books 
and  philosophical  apparatus;  and  all  paintings  and  statuary  of  any 
company  or  association,  kept  in  a  public  hall  and  not  held  as  merchan- 
dise, or  for  purposes  of  sale  or  gain :  Provided,  the  property  so 
exempted  be  not  used  for  purposes  of  private  or  corporate  j^rofit  or 
income. 

Par.  III.  No  poll  tax  shall  be  levied  except  for  educational  pur- 
poses, and  such  tax  shall  not  exceed  one  dollar  annuallv  upon  each 
poll. 

Par.  IV.  All  laws  exempting  projierty  from  taxation,  other  than 
the  property  herein  enumerated,  shall  be  A'oid. 

Par.  V.  The  poAver  to  tax  corporations  and  corporate  property 
shall  not  be  surrounded  or  suspended  by  any  contract  or  grant  to 
which  the  State  shall  be  a  party. 

Section  III 

Paragraph  I.  No  debt  shall  be  contracted  by  or  on  behalf  of  the 
State,  except  to  supply  casual  deficiencies  of  rcA^enue,  to  repel  inva- 
sion, suppress  insurrection,  and  defend  the  State  in  time  of  Avar,  or 


Georgia— 1877  865 

to  pay  the  ejfisting  public  debt;  but  the  debt  created  to  supply  defi- 
ciencies in  revenue  shall  not  exceed,  in  the  aggregate,  two  hundred 
thousand  dollars. 

Sectjois  IV 

Paragraph  I.  AH  laws  authorizing  the  borrowing  of  money  by  or 
on  behalf  of  the  State  shall  specify  the  i)urposes  for  which  the'  money 
is  to  be  used,  and  the  money  so  obtainecl  shall  be  used  for  the  i)urpose 
specified,  and  no  other. 

Section  V 

Paragraph  I.  The  credit  of  the  State  shall  not  be  pledged  or  loaned 
to  any  individual,  company,  corporation  or  association,  and  the  State 
shall  not  l)ecome  a  joint  owner  or  stockholder  in  any  company,  asso- 
ciation or  corporation. 

Section  VI 

Paragraph  I.  The  General  Assembly  shall  not  authorize  any  county 
municipal  corporation  or  political  division  of  this  State  to  become  a 
stockholder  in  any  company,  corporation  or  association,  or  to  appro- 
priate money  for,  or  to  loan  its  credit  to  any  corporation,  company, 
association,  institution  or  individual,  excej^t  for  j)urely  charitable 
purposes.  This  restriction  shall  not  operate  to  prevent  the  support 
of  schools  by  municipal  corporations  within  their  respective  limits: 
Provided^  that  if  any  municipal  corporation  shall  oifer  to  the  State 
any  property  for  locating  or  building  a  capitol,  and  the  State  accepts 
such  offer,  the  corporation  may  comply  with  such  offer. 

Par.  II.  The  General  Assembly  shall  not  have  power  to  delegate 
to  any  county  the  right  to  levy  a  tax  for  any  purpose,  except  for  edu- 
cational purposes  in  instructing  children  in  the  elementary  branches 
of  an  English  education  only;  to  build  and  repair  the  public  build- 
ings and  bridges;  to  maintain  and  support  prisoners;  to  pay  jurors 
and  coroners,  and  for  litigation,  quarantine,  roads  and  expenses  of 
Courts;  to  support  paupers  and  pay  debts  heretofore  existing. 

Section  \\\ 

Paragraph  I.  The  debt  hereafter  incurred  by  any  county,  nnmic- 
ipal  corporation  or  political  division  of  this  State,  excej^t  as  in  this 
Constitution  provided  for,  shall  never  exceed  seven  i)er  centum  of 
the  assessed  value  of  all  the  taxable  ])r()perty  therein;  and  no  such 
county,  municipality  or  division  shall  incur  any  new  debt,  excei)t  for 
a  temporary  loan  or  loans  to  su])ply  casual  deficiencies  of  revenue, 
not  to  exceed  one-fifth  of  one  \)qy  centum  of  the  assessed  value  of 
taxable  property  therein,  witliout  the  assent  of  two-thirds  of  the 
qualified  voters  thereof,  at  an  election  for  that  jiurpose,  to  be  held  as 
may  be  prescribed  by  law;  but  any  city,  the  debt  of  which  does  not 
exceed  seven  per  centum  of  the  assessed  value  of  the  taxable  j)roi)erty 
at  the  time  of  the  adoption  of  this  Constitution,  may  be  authorized 
by  law  to  increase,  at  any  time,  the  auiount  of  said  debt,  three  per 
centum  upon  such  assessed  valuatiou. 

Par.  II.  Any  county,  municii)al  corporation  or  [)olitical  division  of 
this  State,  which  shall  incur  any  bonded  indebtedness  under  the 
provisions  of  this  Constitution,  shall,  at  or  before  the  time  of  so 


866  Georgia— 1S77 

doing,  provide  for  the  assessment  and  collection  of  an  annnal  tax  suf- 
ficient in  amount  to  pay  the  ]:)rinci]Dal  and  interest  of  said  debt  within 
thirty  years  from  the  date  of  the  inciin-ing  of  said  indebtedness. 

Skction   VIII 

Paragraph  I.  The  State  shall  not  assume  the  debt,  nor  any  part 
thereof,  of  any  county,  municipal  corporation,  or  political  division  of 
the  State,  unless  such  debt  shall  be  contracted  to  enable  the  State  to 
repel  invasion,  suppress  insurrection,  or  defend  itself  in  time  of  war. 

Section  IX 

Paragraph  I.  The  receiving,  directly  or  indirectly,  by  any  officer  of 
the  State  or  county,  or  member  or  officer  of  the  General  Assembly, 
of  any  interests,  profits  or  perquisites  arising  from  the  use  or  loan  of 
public  funds  in  his  hands,  or  moneys  to  be  raised  through  his  agency 
for  State  or  county  purposes,  shall  be  deemed  a  felony,  and  punish- 
able as  may  be  prescribed  by  law,  a  part  of  which  punishment  shall 
be  a  disqualification  from  holding  office. 

Section  X 

Paragraph  I.  Municipal  corporations  shall  not  incur  any  debt 
until  provision  therefor  shall  have  been  made  by  the  municipal 
government. 

Section  XI 

Paragraph  I.  The  General  Assembly  shall  have  no  authority  to 
appropriate  money,  either  directly  or  indirectly,  to  pa}'  the  whole 
or  any  part  of  the  principal  or  interest  of  the  bonds,  or  other  obli- 
gations, which  have  been  pronounced  illegal,  null  and  void  by  the 
General  Assembly,  and  the  constitutional  amendments  ratified  by  a 
vote  of  the  people  on  the  first  day  of  May,  1877 ;  nor  shall  the  Gen- 
eral Assembly  have  authority  to  pay  any  of  the  obligations  created 
by  the  State  under  laws  passed  during  the  late  war  between  the 
States,  nor  am^  of  the  bonds,  notes  or  obligations  made  and  entered 
into  during  the  existence  of  said  war,  the  time  for  the  payment  of 
which  was  fixed  after  the  ratification  of  a  treaty  of  peace  between 
the  United  States  and  the  Confederate  States;  nor  shall  the  General 
Assembl}^  pass  any  law,  or  the  Governor,  or  other  State  official  enter 
into  any  contract  or  agreement,  whereby  the  State  shall  be  made  a 
party  to  any  suit  in  any  Court  of  this  State,  or  of  the  United  States, 
instituted  to  test  the  validity  of  any  such  bonds  or  obligations. 

Sectiox  XI I 

Paragraph  I.  The  bonded  debt  of  the  State  shall  never  be  increased, 
except  to  repel  invasion,  suppress  insurrection,  or  defend  the  State 
in  time  of  war. 

Section   XIII 

Paragraph  I.  The  proceeds  of  the  sale  of  the  Western  and  At- 
lantic, Macon  and  Brunswick,  or  other  railroads,  held  by  the  State, 
and  any  other  property  owned  by  the  State,  whenever  the  General 


Georgia— 1877  867 

Assembly  may  authorize  the  sale  of  the  whole,  or  any  part  thereof, 
shall  be  applied  to  the  payment  of  the  bonded  debt  of  the  State,  and 
shall  not  be  used  for  any  other  purpose  whatever,  so  long  as  the 
State  has  any  existing  bonded  debt :  Provided,  that  the  proceeds  of 
the  sale  of  the  Western  and  Atlantic  Kailroad  shall  l)e  applied  to 
the  payment  of  the  bonds  for  which  said  railroad  has  been  mortgaged, 
in  preference  to  all  other  bonds. 

Section  XIV 

Paragraph  I.  The  General  Assembly  shall  raise,  by  taxation,  each 
year,  in  addition  to  the  sum  required  to  pay  the  public  expenses  and 
interest  on  the  public  debt,  the  sum  of  one  hundred  thousand  dol- 
lars, which  shall  be  held  as  a  sinking  fund,  to  pay  off  and  retire 
the  bonds  of  the  State  which  have  not  yet  matured,  and  shall  be 
applied  to  no  other  purpose  whatever.  If  the  bonds  cannot  at  any 
time  be  purchased  at  or  below  par,  then  the  sinking  fund,  herein 
provided  for,  may  be  loaned  by  the  Governor  and  Treasurer  of  the 
State:  Provided,  the  security  which  shall  be  demanded  for  said  loan 
shall  consist  only  of  the  valid  bonds  of  the  State;  but  this  section 
shall  not  take  effect  until  the  eight  per  cent,  currency'  bonds,  issued 
under  the  Act  of  February  the  19tli,  1873,  shall  have  been  paid. 

Section  XV 

Paragraph  I.  The  Comptroller-General  and  Treasurer  shall  each 
make  to  the  Governor  a  quarterly  report  of  the  financial  condition 
of  the  State,  which  report  shall  include  a  statement  of  the  assets, 
liabilities  and  income  of  the  State,  and  expenditures  therefor,  for 
the  three  months  preceding ;  and  it  shall  be  the  duty  of  the  Governor 
to  carefully  examine  the  same  by  himself,  or  through  competent 
persons  connected  with  his  department,  and  cause  an  abstract  thereof 
to  be  published  for  the  information  of  the  people,  which  abstract  shall 
be  endorsed  by  him  as  having  been  examined. 

Section  XVI 

Paragraph  I.  The  General  Assembly  shall  not,  by  vote,  resolution 
or  order,  grant  any  donation,  or  gratuity,  in  favor  of  any  person,  cor- 
poration or  association. 

Par.  II.  The  General  Assembly  shall  not  grant  oi-  authorize  extra 
compensation  to  any  public  officer,  agent  or  contractor,  after  the  serv- 
ice has  been  rendered,  or  the  contract  entered  into. 

Section    XVI 1 

Paragraph  I.  The  office  of  the  State  Printer  shall  cease  with  the 
expiration  of  the  term  of  the  present  incumbent,  and  the  (ieneral 
Assembly  shall  provide,  by  law  for  letting  the  public  printing  to  the 
lowest  res})onsible  bidder,  or  bidders,  who  shall  give  adequate  and 
satisfactory  security  for  the  faithful  performance  thereof.  No  mem- 
ber of  the  General  Assembly,  or  other  public  officer,  shall  be  inter- 
ested, either  directly  or  indirectly,  in  any  such  contract. 


868  Georgia— 1877 

Article  VI IT 

EDUCATION 
Skction  I 

Paragraph  I.  There  shall  be  a  thorough  system  of  common  schools 
for  the  education  of  children  in  the  elementary  l)ranches  of  an  Eng- 
lish education  onl}',  as  nearly  uniform  as  practicable,  the  expenses  of 
which  shall  be  provided  for  by  taxation,  or  otherwise.  The  sclu)ols 
shall  be  free  to  all  children  of  the  State,  but  separate  schools  shall  be 
provided  for  the  white  and  colored  races. 

Section  II 

Paragraph  I.  There  shall  be  a  State  School  Commissioner,  ap- 
pointed by  the  Governor,  and  confirmed  by  the  Senate,  whose  term 
of  office  shall  be  two  years,  and  until  his  successor  is  appointed  and 
qualified.  His  office  shall  be  at  the  seat  of  government,  and  he  shall 
be  paid  a  salary  not  to  exceed  two  thousand  dollars  per  annum.  The 
General  Assembly  may  substitute  for  the  State  School  Commissioner 
such  officer,  or  officers,  as  may  be  deemed  necessary  to  perfect  the 
system  of  public  education. 

Section  III 

Paragraph  I.  The  poll  tax,  any  educational  fund  now  belonging  to 
the  State  (except  the  endowment  of,  and  debt  due  to,  the  University 
of  Georgia) ,  a  special  tax  on  shows  and  exhibitions,  and  of  the  sale  of 
siDirituous  and  malt  liquors,  wdiich  the  General  Assembly  is  hereby 
authorized  to  assess,  and  the  proceeds  of  any  commutation  tax  for 
military  service,  and  all  taxes  that  may  be  assessed  on  such  domestic 
animals  as,  from  their  nature  and  habits,  are  destructive  to  other 
property,  are  hereby  set  apart  and  devoted  for  the  support  of  common 
schools. 

Section  IV 

Paragraph  I.  Authority  may  be  granted  to  counties,  upon  the 
recommendation  of  two  grand  juries,  and  to  municipal  corporations, 
upon  the  reconnnendation  of  the  corporate  authority,  to  establish  and 
maintain  public  schools  in  their  respective  limits,  by  local  taxation; 
but  no  such  local  laws  shall  take  etfect  until  the  same  shall  have  been 
submitted  to  a  vote  of  the  qualified  voters  in  each  county  or  municipal 
corporation,  and  approved  by  a  two-thirds  vote  of  persons  qualified 
to  vote  at  such  election;  and  the  General  Assembly  may  prescribe 
who  shall  vote  on  such  question. 

Section  V 

Paragraph  I.  Existing  local  school  systems  shall  not  be  affected  by 
this  Constitution.  Nothing  contained  in  section  first  of  this  article 
shall  be  construed  to  deprive  schools  in  this  State,  not  common 
schools,  from  participation  in  the  educational  fund  of  the  State,  as  to 
all  pupils  therein  taught  in  the  elementary  branches  of  an  English 
education. 


Georgia— 1887  869 

Section  VI 

Paragraph  I.  The  Trustees  of  the  University  of  Georgia  may 
accept  bequests,  donations  and  grants  of  hmd,  or  other  propert}-,  for 
the  use  of  said  University.  In  addition  to  the  payment  of  the  annual 
interest  on  the  debt  due  by  the  State  to  the  University,  the  General 
Assembly  may,  from  time  to  time,  make  such  donations  thereto  as  the 
condition  of  the  treasury  will  authorize.  And  the  General  Assembly 
may  also,  from  time  to  time,  make  such  appropriations  of  money  as 
the  condition  of  the  treasury  "will  authorize  to  any  college  or  univer- 
sity (not  exceeding  one  in  number)  now  established,  or  hereafter  to 
be  established,  in  this  State  for  the  education  of  persons  of  color. 

Article  IX 

HOMESTEAD   AND  EXEMPTIONS  " 

Section  I 

Paragraph  I.  There  shall  be  exempt  from  levy  and  sale,  by  virtue 
of  any  process  whatever  under  the  laws  of  this  State,  except  as  herein- 
after excepted  of  the  property  of  every  head  of  a  family,  or  guardian, 
or  trustee  of  a  family  of  minor  children,  or  every  aged  or  infirm  per- 
son, or  persons  having  the  care  and  support  of  dependent  females  of 
any  age,  who  is  not  the  head  of  a  family,  realty  or  personalty,  or 
both,  to  the  value  in  the  aggregate  of  sixteen  hundred  dollars. 

Section  1 1 

Paragraph  I.  Xo  Court  or  ministerial  officer  in  this  State  shall 
ever  have  jurisdiction  or  authority  to  enforce  any  judgment,  execu- 
tion or  decree,  against  the  property  set  apart  for  such  purpose,  includ- 
ing such  improvements  as  may  be  made  thereon  from  time  to  time, 
except  for  taxes,  for  the  purchase  money  of  the  same,  for  labor 
done  thereon,  for  material  furnished  therefor,  or  for  the  removal  of 
incumbrances  thereon. 

Section  III 

Paragraph  I.  The  debtor  shall  have  ])ower  to  waive  or  renounce  in 
writing  his  right  to  the  benefit  of  the  exemption  provided  for  in  this 
article,  except  as  to  wearing  apparel,  and  not  exceeding  three  hun- 
dred dollars  worth  of  household  and  kitchen  furniture,  and  pro- 
visions, to  be  selected  by  himself  and  his  wife,  if  any.  and  he  shall 
not,  after  it  is  set  apart,  alienate  or  incumber  the  property  so  ex- 
empted, but  it  may  1)e  sold  by  the  debtor  and  his  wife,  if  any.  jointly, 
with  the  sanction  of  the  Judge  of  the  Superior  Court  of  the  county 
where  the  debtor  resides  or  (he  land  is  situated,  the  proceeds  to  be 
reinvested  upon  the  same  uses. 

Section  IV 

Paragraph  I.  The  General  Asseml)ly  shall  provide,  by  law.  as 
early  as  practicable,  for  the  setting  apart  and  valuation  of  said  prop- 

"NoTE. — The  above  provision  of  the  Constitution  was  specially  submitted  to 
the  people,  and  ratified,  as  a  part  thereof,  by  them,  on  December  5th,  1887. 


870  Georgia— 1887 

erty.  But  nothing  in  this  article  shall  be  construed  to  affect  or  repeal 
the  existing  laws  for  exemption  of  property  from  sale  contained  in 
the  present  Code  of  this  State,  in  i)aragraphs  '2040  to  2041)  inclusive, 
and  the  Act  amendatory  thereto.  It  may  be  optional  with  the  ajjpli- 
cant  to  take  either,  but  not  both,  of  such  exemptions. 

Section  V 

Paragraph  I.  The  debtor  shall  have  authority  to  waive  or  renounce 
in  writing  his  right  to  the  benefit  of  the  exemption  provided  for  in 
section  four,  except  as  is  excepted  in  section  three  of  this  article. 

Section  VI 

Paragraph  I.  The  applicant  shall,  at  any  time,  have  the  right  to 
supplement  his  exemption  by  adding  to  an  amount  already  set  apart, 
Avhich  is  less  than  the  whole  amount  of  exemption  herein  allowed,  a 
sufficiency  to  make  his  exemption  equal  to  the  whole  amount. 

Section  VII 

Paragraph  I.  Homestead  and  exemptions  of  personal  property 
wdiich  have  been  heretofore  set  apart  b}'  virtue  of  the  provisions  of 
the  existing  Constitution  of  this  State,  and  in  accordance  with  the 
laws  for  the  enforcement  thereof,  or  which  may  be  hereafter  so  set 
apart,  at  any  time,  shall  be  and  remain  valid  as  against  all  debts  and 
liabilities  existing  at  the  time  of  the  adoption  of  this  Constitution, 
to  the  same  extent  that  they  would  have  been  had  said  existing  Con- 
stitution not  been  revised. 

Section  VIII 

Paragraph  I.  Rights  wdiich  have  become  vested  under  previously 
existing  laws  shall  not  be  affected  by  anything  herein  contained.  In 
all  cases  in  which  homesteads  have  been  set  apart  under  the  Consti- 
tution of  1868,  and  the  laws  made  in  pursuance  thereof,  and  a  ho7ia 
fide  sale  of  such  property  has  been  subsequently  made,  and  the  full 
purchase  price  thereof  paid,  all  right  of  exemption  in  such  property 
by  reason  of  its  having  been  so  set  apart,  shall  cease  in  so  far  as  it 
affects  the  right  of  the  purchaser.  In  all  such  cases  where  a  part 
only  the  purchase  price  has  been  paid,  such  transaction  shall  be 
governed  by  the  laws  now  of  force  in  this  State,  in  so  far  as  they 
affect  the  rights  of  the  purchase,  as  though  said  property  had  not 
been  set  apart. 

Section  IX 

Paragraph  I.  Parties  who  have  taken  a  homestead  of  realty  under 
the  Constitution  of  eighteen  hundred  and  sixty-eight  shall  have  the 
right  to  sell  said  homestead  and  reinvest  the  same  by  order  of  the 
Judge  of  the  Superior  Courts  of  this  State. 


Georgia— 1877  871 

MILITIA 
S<ECTION    I 

Paragraph  I.  A  well  regulated  militia  being  essential  to  the  peace 
and  security  of  the  State,  the  General  Assembly  shall  have  authority 
to  provide  by  law  how  the  militia  of  this  State  shall  be  organized, 
officered,  trained,  armed  and  equipped,  and  of  whom  it  shall  consist. 

Par.  II.  The  General  Assembly  shall  have  power  to  authorize  the 
formation  of  volunteer  companies,  and  to  provide  for  their  organiza- 
tion into  battalions,  regiments,  brigades,  divisions  and  corps,  with 
such  restrictions  as  may  be  prescribed  by  law,  and  shall  have  author- 
ity to  arm  and  equip  the  same. 

Par.  III.  The  officers  and  men  of  the  militia  and  volunteer  forces 
shall  not  be  entitled  to  receive  any  pay,  rations  or  emoluments,  when 
not  in  active  service  by  authority  of  the  State. 

Article  XI 

COUNTIES    AND    COUNTY    OmCERS 
Section  i 

Paragraph  I.  Each  county  shall  be  a  body  corporate,  with  such 
powers  and  limitations  as  may  be  prescribed  by  law.  All  suits  by  or 
against  a  county  shall  be  in  the  name  thereof;  and  the  metes  and 
bounds  of  the  several  counties  shall  remain  as  now  prescribed  by  law, 
unless  changed  as  hereinafter  provided. 

Par.  II.  No  new  county  shall  be  created. 

Par.  III.  County  lines  shall  not  be  changed,  unless  under  the  oper- 
ation of  a  general  law  for  that  ])urpose. 

Par.  IV.  No  county  site  shall  be  changed  or  removed,  except  by  a 
two-thirds  votes  of  the  qualified  voters  of  the  county,  voting  at  an 
election  held  for  that  purpose,  and  a  two-thirds  vote  of  the  General 
Assembly. 

Par.  V.  Any  county  may  be  dissolved  and  merged  with  contiguous 
counties  by  a  two-thirds  vote  of  the  qualified  electors  of  such  county 
voting  at  an  election  held  for  that  purpose. 

SiX'TION    IT 

Paragraph  I.  The  county  officers  shall  be  elected  by  the  qualified 
voters  of  their  respective  counties  or  districts,  and  shall  hold  their 
offices  for  two  years.  They  shall  be  removed  on  conviction  for  mal- 
practice in  office,  and  no  person  shall  be  eligible  to  any  of  the  offices 
referred  to  in  this  paragraph,  unless  he  shall  have  been  a  resident  of 
the  county  for  two  years  and  is  a  qualified  voter. 

Section  III 

Paragraph  I.  ^Vliatever  tribunal,  or  officers,  may  hereafter  be 
created  by  the  General  Assembly  for  the  transaction  of  county  nuit- 
ters,  shall  be  uniform  throughout  the  State,  and  of  the  same  name, 
jurisdiction  and  remedies,  except  that  the  General  Assembly  ma}^  pro- 
vide for  the  appointment  of  commissioners  of  roads  and  revenue  in 
any  county. 


872  Georqia—1877 

Article  XII 

THE  LAWS  OF  OENIIHAL  OPERATION  TX  FORCE  IN  THIS  STATE 

Section  I 

Paragraph  I.  The  laAvs  of  general  operation  in  this  State  are,  first, 
as  the  supreme  law:  The  Constitution  of  the  United  States,  the  laws 
of  the  United  States  in  pursuance  thereof,  and  all  treaties  made  under 
the  authority  of  the  United  States. 

Par.  II.  Second.  As  next  in  authority  thereto:  this  Constitution. 

Par,  III.  Third.  In  subordination  to  the  foregoing:  All  laws  now 
of  force  in  this  State,  not  inconsistent  with  this  Constitution,  and 
the  ordinances  of  this  Convention,  shall  remain  of  force  until  the 
same  are  modified  or  repealed  by  the  General  Assembly.  The  tax 
acts  and  appropriation  acts  passed  by  the  General  Assembly  of  1877, 
and  approved  by  the  Governor  of  the  State,  and  not  inconsistent  with 
the  Constitution,  are  hereb}'  continued  in  force  until  altered  by  law. 

Par.  IV.  Local  and  private  acts  passed  for  the  benefit  of  counties, 
cities,  towns,  corporations  and  private  persons  not  inconsistent  with 
the  supreme  law,  nor  with  this  Constitution,  and  which  have  not 
expired  nor  been  repealed,  shall  have  the  force  of  statute  law,  subject 
to  judicial  decision  as  to  their  validity  when  passed,  and  to  any 
limitations  imposed  by  their  own  terms. 

Par.  V.  All  rights,  privileges  and  immunities  which  may  have 
vested  in,  or  accrued  to,  any  person  or  persons,  or  corporation,  in  his, 
her  or  their  own  right,  or  in  any  fiduciary  capacity,  under  and  in 
virtue  of  any  Act  of  the  General  Assembly,  or  any  judgment,  decree 
or  order,  or  other  proceeding  of  any  Court  of  competent  jurisdiction 
in  this  State  heretofore  rendered,  shall  be  held  inviolate  by  all  Courts 
before  which  they  may  be  brought  in  question,  unless  attacked  for 
fraud. 

Par.  VI.  All  judgments,  decrees,  orders  and  other  proceedings  of 
the  several  Courts  of  this  State,  heretofore  made,  within  the  limits  of 
their  several  jurisdictions,  are  hereby  ratified  and  affirmed,  subject 
only  to  reversal  by  motion  for  a  new  trial,  appeal,  bill  of  review,  or 
other  proceeding,  in  conformity  with  the  law  of  force  when  they  were 
made. 

Par.  VII.  The  officers  of  the  government  now  existing  shall  con- 
tinue in  the  exercise  of  their  several  functions  until  their  successors 
are  duly  elected,  or  appointed  and  qualified,  but  nothing  herein  is  to 
apply  to  any  officer  whose  office  may  be  abolished  by  this  Constitution. 

Par.  VIII.  The  ordinances  of  this  Convention  shall  have  the  force 
of  laws  until  otherwise  provided  by  the  General  Assembly,  except  the 
ordinances  in  I'eference  to  submitting  the  homestead  and  capital  ques- 
tion to  a  vote  of  the  people,  which  ordinances,  after  being  voted  on, 
shall  have  the  effect  of  constitutional  provisions." 

«  Note. — Under  the  Ordinance  of  the  Convention,  submitting  the  question  of 
the  location  of  tlje  Capital  to  the  people,  the  city  of  Atlanta  was  chosen,  Deceni- 
ber  5th,  1877. 


Georg-ia—isrr  873 

Article  XIII 

AMENDMENTS    TO    THE    CONSTITUTION 
Section  I 

Paragraph  I.  Any  amendment,  or  amendments,  to  this  Constitu- 
tion may  be  proposed  in  the  Senate  or  House  of  Representatives,  and 
if  the  same  shall  be  agreed  to  by  two-thirds  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  the  General  Assembly  shall  cause  such  amendment,  or 
amendments,  to  be  published  in  one  or  more  newspapers  in  each  Con- 
gressional District,  for  two  months  previous  to  the  time  of  holding 
the  next  general  election,  and  shall  also  provide  for  a  submission  of 
such  proposed  amendment,  or  amendments,  to  the  j)eople  at  said  next 
general  election,  and  if  the  people  shall  ratify  such  amendment,  or 
amendments,  by  a  majority  of  the  electors  qualified  to  vote  for  mem- 
bers of  the  General  Assembly,  voting  thereon,  such  amendment,  or 
amendments,  shall  become  a  part  of  this  Constitution.  When  more 
than  one  amendment  is  submitted  at  the  same  time,  they  shall  be  so 
submitted  as  to  enable  the  electors  to  vote  on  each  amendment 
separately. 

Par.  II.  Xo  convention  of  tlie  peoj^le  shall  be  called  by  the  General 
Assembly  to  revise,  amend  or  change  this  Constitution,  unless  by  the 
concurrence  of  two-thirds  of  all  the  members  of  each  House  of  the 
General  Assembly.  The  representation  in  said  convention  shall  be 
based  on  population  as  near  as  practicable. 

Section  II 

Paragraph  I.  The  Constitution  shall  be  submitted  for  ratification 
or  rejection  to  the  voters  of  the  State,  at  an  election  to  be  held  on  the 
first  Wednesday  in  December,  one  thousand  eight  hundred  and 
seventy-seven,  in  the  several  election  districts  of  this  State,  at  which 
election  every  person  shall  be  entitled  to  vote  who  is  entitled  to  vote 
for  the  members  of  the  General  Assembly  under  the  Constitution  and 
laws  of  force  at  the  date  of  such  election ;  said  election  to  be  held  and 
conducted  as  is  now  provided  by  law  for  holding  elections  for  mem- 
bers of  the  General  Assembly.  All  persons  voting  at  said  election  in 
favor  of  adopting  the  Constitution  shall  write  or  have  printed  on 
their  ballots  the  words  "'  For  Ratification."  and  all  persons  opposed  to 
the  adoption  of  this  Constitution  shall  write  or  have  printed  on  their 
ballots  the  words  "  Against  Ratification." 

Par.  II.  The  votes  cast  at  said  election  shall  be  consolidated  in  each 
of  the  counties  of  the  State  as  is  now  required  by  law  in  elections  for 
members  of  the  General  Assembly,  aiul  returns  thereof  made  to  the 
Governor;  and  should  a  majority  of  all  the  votes  cast  at  said  election 
be  in  favor  of  ratification,  he  shall  declare  the  said  Constitution 
adopted,  and  make  proclamation  of  the  result  of  said  election  by 
publication  in  one  or  more  newspapers  in  each  Congressional  District 
of  the  State,  but  should  a  majority  of  the  votes  cast  be  against  ratifi- 
cation, he  shall  in  the  same  uumner  proclaim  the  said  Constitution 
rejected. 


874  Georgia~1877 

ORDINANCES 
AN    ORDINANCE 

Be  it  ordained  by  the  people  of  Georgia  in  Convention  assembled : 
1st.  That  tlio  question  of  the  location  of  the  Capital  of  this  State 
be  kept  out  of  the  Constitution  to  be  adopted  by  the  Convention. 

2d.  That  at  the  first  general  election  hereafter  held  for  members  of 
the  General  Assembly,  everj'^  voter  may  indorse  on  his  ballot  "At- 
lanta "  or  ''  Milledgeville,"  and  the  one  of  these  places  receiving  the 
largest  number  of  votes  shall  be  Capital  of  the  State  until  changed 
by  the  same  authority  and  in  the  same  way  that  may  l)e  provided  for 
the  alteration  of  the  Constitution  that  may  'be  adopted  by  the  Con- 
vention, whether  said  Constitution  be  ratified  or  rejected.  And  that 
every  person  entitled  to  vote  for  members  of  the  General  Assembly, 
under  the  present  Constitution  and  laws  of  this  State,  shall  be  enti- 
tled to  vote  under  this  ordinance;  and,  in  the  event  of  the  rejection 
of  said  Constitution,  shall  (should)  a  majority  of  votes  cast  be  in 
favor  of  Milledgeville,  then  this  provision  to  operate  and  take  eflfect 
as  an  amendment  to  the  present  Constitution. 

AN    ORDINANCE 

Be  it  ordained  by  the  people  of  Georgia  in  Convention  assembled, 
and  it  is  hereby  ordained  by  authority  of  the  same : 

1st.  That  the  article  adopted  by  this  Convention  on  the  subject  of 
Homestead  and  Exemption  shall  not  form  a  part  of  this  Constitu- 
tion, except  as  hereinafter  provided. 

2d.  At  the  election  held  for  the  ratification  or  rejection  of  this 
Constitution,  it  shall  be  lawful  for  each  voter  to  have  written  or 
printed  on  his  ballot  the  words  "  Homestead  of  1877,"  or  the  words 
"  Homestead  of  18G8." 

3d.  In  the  event  that  a  majority  of  the  ballots  so  cast  have  indorsed 
upon  them  the  words  "  Homestead  of  1877,"  then  said  article,  so 
adopted  by  this  Convention  shall  form  a  part  of  the  Constitution 
submitted,  if  the  same  is  ratified;  but  in  the  event  that  said  Consti- 
tution, so  submitted,  shall  not  be  ratified,  then  the  article  on  Home- 
stead and  Exemptions,  so  adopted  as  aforesaid  by  this  Convention, 
shall  supersede  article  seven  of  the  Constitution  of  18(')8  on  the  sub- 
ject of  Homestead  and  Exemptions,  and  form  a  part  of  this  Consti- 
tution. 

4th.  If  a  majority  of  the  ballots,  so  cast  as  aforesaid,  shall  have 
indorsed  upon  them  the  words  "  Homestead  of  1868,"  then  article 
seventh  of  the  Constitution  of  1868  shall  supersede  the  article  on 
Homestead  and  Exemptions  adopted  by  this  Convention,  and  shall 
be  incorporated  in  and  form  (a  part)  of  the  Constitution  so  sub- 
mitted and  ratified. 

Read  and  adopted  in  Convention,  August  22,  1877. 

C.  J.  Jenkins, 
President  Constitutional  Convention. 

Attest : 

James  Cooper  Nisbet,  Secretary. 


Georgia— 1877— 1898  875 

AMENDMENTS  TO  CONSTITUTION 

Paragraph  15,  of  Section  7,  Article  3,  stricken  out. 

Paragraph  1,  Section  1.  Article  T,  amended  by  adding  at  the  end  of 
said  paragraph  the  following  words:  "And  to  make  suitable  pro- 
visions for  such  Confederate  soldiers  as  may  have  been  permanently 
injured  in  such  service."' 

See  Acts  of  1884-1885. 

Paragraph  1,  Section  1,  Article  T,  also  amended  by  adding  at  the 
end  of  said  paragraph  the  following  words:  "And  to  make  suitable 
provision  for  such  Confederate  soldiers  as  may  have  otherwise  been 
disabled  or  permanently  injured  in  such  service;  and  for  the  widows 
of  such  Confederate  soldiers  as  may  have  died  in  the  service  of  the 
Confederate  States,  or  since  from  wounds  received  therein,  or  diseases 
contracted  therein.'" 

Paragraph  3,  Section  4,  Article  2,  amended  by  striking  out  "  bien- 
nially "  after  the  word  "  and  "  and  before  the  word  '"  thereafter," 
and  substituting  therefor  the  word  "  annually." 

Paragraph  6,  Section  4,  Article  2,  amended  by  striking  out  the 
Avords  "  forty  days,  unless  by  a  two-thirds  vote  of  the  Avliole  number 
of  each  House,"  and  substituting  therefor  "  fifty  days."  (These  amend- 
ments were  construed  to  apply  to  Article  3,  instead  of  Article  2.) 

Paragraph  7,  Section  7,  Article  3,  amended  by  adding  thereto, 
"  but  the  first  and  second  reading  of  each  local  bill  and  bank  and  rail- 
road charters  in  each  House  shall  consist  of  the  reading  of  the  title 
only,  unless  said  bill  is  ordered  to  be  engrossed." 

Paragraph  18,  Section  7,  Article  3,  amended  by  striking  out,  after 
the  AA'ord  "  companies,"  in  the  second  line,  the  folloAving  words,  viz. : 
"  Except  banking,  insurance,  railroad,  canal,  navigation,  express  and 
telegraph  companies,"  and  substituting  therefor,  at  the  end  of  said 
paragraph,  after  the  word  "  courts,"  the  following,  \\z. :  "All  corpo- 
rate powers  and  privileges  to  banking,  insurance,  railroad,  canal, 
navigation,  express  and  telegraph  companies  shall  be  issued  and 
granted  by  the  Secretary  of  State  in  such  manner  as  shall  be  pre- 
scribed by  law." 

See  Acts  of  1800-91,  Vol.  1,  pages  55  to  60,  inclusive. 

Paragraph  1,  Section  1,  of  Article  7,  by  adding  after  the  Avord 
service  in  the  thirteenth  line  of  said  paragraph,  the  folloAA'ing  Avords, 
to-Avit:  "Or  Avho,  by  reason  of  age  and  poA^erty,  or  infirmitA'  and 
poA^erty,  or  blindness  and  poverty,  are  unable  to  provide  a  living  for 
themselves," 

Act  appro A^ed,  Deceml)er  19,  1893.  Adopted  bv  vote  of  the  people 
Oct.,  1894. 

Article  VI— ISOS,**  Section  1,  Section  3,  Paragraph  2 : 

The  successors  to  the  present  and  subsequent  incumbents  shall  be 
elected  by  the  electors  entitled  to  vote  for  members  of  the  General 
Assembly  of  the  Avhole  State,  at  the  general  election  held  for  such 
members,  next  preceding  the  expiration  of  their  respectiA^e  terms; 
provided,  that  the  successors  for  all  incumbents  Avhose  terms  expire 
on  or  before  the  first  day  of  January  1899,  shall  be  elected  by  the 
General  Assembly  at  its  session  for  i898,  for  the  full  term  of  four 
years. 

"The  Code  of  the  State  of  Georgia.  Vol.  IV.  Prepared  by  Howard  Van  Eppr<, 
Esq.,  Nashville,  Temi. :  1901.     pp.  ()3-65. 


876  Georgia— 1877-1898 

Article  VI,  Section  3,  Paragraph  3 : 

The  terms  of  the  judges  to  be  elected  under  the  Constitution  (except 
to  fill  vacancies)  shall  begin  on  the  first  day  of  January  after  their 
election.  Every  vacancy  occasioned  by  death,  resignation  or  other 
causes  shall  be  filled  by  appointments  of  the  Governor  until  the 
first  day  of  January  after  the  general  election  held  next  after  the 
exjiiration  of  thirty  days  from  the  time  such  vacancy  occurs,  at 
which  election  a  successor  for  the  unexpired  term  shall  be  elected. 

Article  YI,  Section  11,  Paragraj)h  1 : 

There  shall  be  a  Solicitor  General  for  each  judicial  circuit  whose 
official  term  (except  to  fill  a  vacancy)  shall  be  four  years.  The  suc- 
cessors of  present  and  subsequent  incumbents  shall  be  elected  by  the 
electors  of  the  whole  State  qualified  to  vote  for  members  of  the 
General  Assembly  at  the  general  election  held  next  j) receding  the 
expiration  of  their  respective  terms.  Every  vacancy  occasioned  by 
death,  resignation  or  other  cause,  shall  be  filled  by  appointment  of 
the  Governor  until  the  first  day  of  January  after  the  general  elec- 
tion held  next  after  the  expiration  of  thirty  days  from  the  time  such 
vacancy  occurs,  at  which  election  a  successor  for  the  unexpired  term 
shall  be  elected;  provided,  that  the  successors  for  all  incumbents 
whose  terms  expire  on  or  before  the  first  daj^  of  January,  1899,  shall 
be  elected  by  the  General  Assembly  at  its  session  for  1898,  for  the  full 
term  of  four  years. 


GUAM. 


Sec  Thkaty  t'KUiiNt;  the  rini.iri'i.NES  ktc,  18!>.S  (l*liilii)i)inos,  [i.  ;!l.jo). 

[There  are  no  statutes  of  Congress  nor  any  public  orders  of  the 
President  rehiting  to  Guam  which  can  be  called  organic.  The  resi- 
dent United  States  naval  officer  is  in  complete  control  of  the  gov- 
ernment of  the  island.     See  Keport  of  the  Secretary  of  War  for  1904, 

p.  25. 1 

877 


HAWAII. 


JOINT  RESOLUTION  FOR  ANNEXATION  OF  HAWAIIAN  ISLANDS— 

1898 

[Fifty-fifth  Congress,  Second  Session] 

Joint  Resolution  to  i)rovi(le  for  annexinj;  the  Ilaw.iiian   Islands  to  the  United 

States 

AMiereas  the  Government  of  the  Republic  of  Hawaii  having,  in  due 
form.  sio:iiified  its  consent,  in  the  manner  provided  bv  its  constitu- 
tion, to  cede  absohUely  and  without  reserve  to  the  United  States  of 
America  all  rights  of  sovereignty  of  whatsoever  kind  in  and  over  the 
Hawaiian  Islands  and  their  dependencies,  and  also  to  cede  and 
transfer  to  the  United  States  the  absolute  fee  and  ownership  of  all 
pul)lic,  (lovernmeut,  or  Crown  lands,  public  buildings  or  edifices, 
ports,  harl^ors,  military  equi}Mnent,  and  all  other  public  property  of 
every  kind  and  description  belonging  to  the  Govennnent  of  the 
Hawaiian  Islands,  together  with  every  right  and  a])piirtenance  there- 
unto appertaining :  Therefore, 

Resolrcd  hi]  the  Senate  and  House  of  Representatires  of  the  United 
States-  of  America  in  Congress  assemhled^  That  said  cession  is  ac- 
cejited,  ratified,  and  confirmed,  and  that  the  said  Hawaiian  Islands 
and  their  dependencies  be,  and  they  are  hereby,  annexed  as  a  part  of 
the  territory  of  the  United  States  aud  are  subject  to  the  sovereign 
dominion  thereof,  and  that  all  and  singular  the  i)roperty  and  rights 
hereinbcfoi'e  mentioned  are  vested  in  the  Ignited  States  of  America. 

The  existing  laws  of  the  United  States  relative  to  pubHc  lands  shall 
not  api)ly  to  such  lands  in  the  Hawaiian  Islands;  but  the  Congress  of 
the  United  States  shall  enact  special  laws  for  their  management  and 
disposition  :  Prodded^  That  all  revenue  from  or  proceeds  of  the  same, 
except  as  regards  such  ])art  thereof  as  may  be  used  or  occupied  for  the 
civil,  military,  or  naval  purposes  of  the  United  States,  or  may  be 
assigned  for  the  use  of  the  local  government,  shall  be  used  solely  for 
the  beneiit  of  the  inhabitants  of  the  Hawaiian  Islands  for  educational 
and  otlier  public  j)ui'p()ses. 

Until  Congress  shall  })rovide  for  the  government  of  such  islands  all 
the  cival.  judicial,  and  military  powers  exercised  by  the  officers  of  the 
existing  government  in  said  islands  shall  be  vested  in  such  i)erson  or 
persons  and  shall  be  exercised  in  such  manne;*  as  the  President  of  the 
United  States  shall  direct;  and  the  President  shall  have  power  to 
remove  said  officers  and  fill  the  vacancies  so  occasioned. 

.S7i> 


880  Hawaii— 1898 

The  existing  treaties  of  the  Hawaiian  Islands  Avith  foreign  nations 
shall  forthwith  cease  and  determine,  being  rei:)laced  by  such  treaties 
as  may  exist,  or  as  may  be  hereafter  concluded,  between  the  United 
States  and  such  foreign  nations.  The  nninicipal  legislation  of  the 
Hawaiian  Islands,  not  enacted  for  the  fulfillment  of  the  treaties  so 
extinguished,  and  not  inconsistent  with  this  joint  resolution  nor  con- 
trary to  the  Constitution  of  the  United  States  nor  to  any  existing 
treaty  of  the  United  States,  shall  remain  in  force  until  the  Congress 
of  the  United  States  shall  otherwise  determine. 

Until  legislation  shall  be  enacted  extending  the  United  States 
customs  laws  and  regulations  to  the  Hawaiian  Islands  the  existing 
customs  relations  of  the  Hawaiian  Islands  with  tho  United  States  and 
other  countries  shall  remain  unchanged. 

The  public  debt  of  the  Republic  of  Hawaii,  lawfully  existing  at  the 
date  of  the  passage  of  this  joint  resolution,  including  the  amounts  due 
to  depositors  in  the  Hawaiian  Postal  Savings  Bank,  is  hereby  assumed 
by  the  Government  of  the  United  States;  but  the  liability  of  the 
United  States  in  this  regard  shall  in  no  case  exceed  four  million  dol- 
lars. So  long,  however,  as  the  existing  Government  and  the  present 
commercial  relations  of  the  Hawaiian  Islands  are  continued  as  here- 
inbefore provided  said  Government  shall  continue  to  pav  the  interest 
on  said  debt. 

There  shall  be  no  further  immigration  of  Chinese  into  the  Ha- 
waiian Islands,  except  \\\)o\\  such  conditions  as  are  now  or  may  here- 
after be  allowed  by  the  laws  of  the  United  States;  and  no  Chinese, 
by  reason  of  anything  herein  contained,  shall  be  alloAved  to  enter  the 
United  States  from  the  Hawaiian  Islands. 

The  President  shall  appoint  five  commissioners,  at  least  two  of 
whom  shall  be  residents  of  the  Hawaiian  Islands,  Avho  shall,  as  soon 
as  reasonably  practicable,  recommend  to  Congress  such  legislation 
concerning  the  Hawaiian  Islands  as  they  shall  deem  necessary  or 
proper. 

Sec.  2.  That  the  commissioners  hereinbefore  provided  for  shall 
be  appointed  by  the  President,  by  and  with  the  advice  and  consent  of 
the  Senate. 

Sec.  3.  That  the  sum  of  one  hundred  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  is  hereby  appropriated,  out  of  any 
mone}'  in  the  Treasurj^  not  otherwise  appropriated,  and  to  be  imme- 
diately available,  to  be  expended  at  the  discretion  of  the  President 
of  the  United  States  of  America,  for  the  i^urpose  of  carrying  this 
joint  resolution  into  effect. 

Approved,  July  7,  1808. 


Hawaii— 1900  881 

TERRITORIAL  GOVERNMENT  OF  HAWAII— 1900  " 

[fifty-sixth  congress,  first  session] 
An  Act  to  provide  a  goveninient  for  the  Territory  of  Hnwiiii 

Be  if  enacted  by  the  Senate  and  House  of  Rej^resentatires  of  the 
Vnited  States  of  America  in  Congress  assemhled^ 

ChAPTKK   T. (iKNEHAI,   Pl{(  )V1SI(  )NS 

DEI'INITIONS 

Sec.  1.  That  the  phrase  "'  the  hiws  of  Hawaii,"  as  used  in  tliis  Act 
without  qualifying  words,  shall  mean  the  constitution  and  laws  of  the 
Republic  of  Hawaii,  in  force  on  the  twelfth  day  of  August,  eighteen 
htnidred  and  ninety-eight,  at  the  time  of  the  transfer  of  the  sover- 
eignty of  the  Hawaiian  Islands  to  the  United  States  of  America. 

The  constitution  and  statute  laws  of  the  Kepublic  of  Hawaii  then 
in  force,  set  forth  in  a  compilation  made  by  Sidney  ]\I.  Ballou  under 
the  authority  of  the  legislature,  and  published  in  two  volumes  en- 
titled "Civil  Laws"  and  "Penal  Laws,"  respectively,  and  in  the 
Session  LaAvs  of  the  Legislature  for  the  session  of  eighteen  hundred 
and  ninety-eight,  are  referred  to  in  this  Act  as  "  Civil  Laws,"  "  Penal 
Laws,"  and  ''  Session  Laws." 

TP]RKITORV    OF    HAWAII 

Sec.  2.  That  the  islands  acquired  by  the  United  States  of  America 
under  an  Act  of  Congress  entitled  "  Joint  resolution  to  provide  for 
annexing  the  Hawaiian  Islands  to  the  United  States;"  approved  July 
seventh,  eighteen  hundred  and  ninety-eight,  shall  be  known  as  the 
Territory  of  HaAvaii. 

GOVERNMENT  (»F  THE  TERRITORY  OF  HAWAII 

Sec.  8.  That  a  Territorial  government  is  hereby  established  over 
the  said  Territorv,  with  its  capital  at  Honolulu,  on  th(»  island  of 
Oahu. 

crrizKNSHii' 

Sec.  4.  That  all  persons  who  Avere  citizens  of  the  Republic  of 
HaAvaii  on  August  twelfth,  eighteen  hundred  and  ninety-eight,  are 
hereby  declared  to  be  citizens  of  the  United  States  and  citizens  of  the 
Territorv  of  HaAvaii. 

And  all  <"itizens  of  the  United  States  resident  in  the  Hawaiian 
Islands  Avho  Avere  resident  there  on  or  since  August  twelfth,  eight- 
een hundred  and  niiu^y-eight,  and  all  the  citizens  of  the  Lnitcil 
States  Avho  shall  hereafter  reside  in  the  Territory  of  HaAvaii  for  one 
year  shall  be  citizens  of  the  Territory  of  HaAvaii. 


«  For  other  statutes  of  an  organic  nature  relating  to  Hawaii  subsequent  to 
1900  see  the  act  to  redeem  :ind  exchange  for  United  States  silver  coin  the 
Hawaiian  silver  certificates  and  coins,  .Tanuary  14,  1003;  to  provule  for 
municipal  officers  and  for  ai)peals  to  United  Stntes  supreme  conrl.  M.u'ch  :'., 
1905. 


882  Hawaii— 1900 

Af"PTJCA'II()N"    or    TlIK   T,A^\S  OK   TlIK    IXITKl)   S'lATKS 

Sec.  5.  That  llif  C'onslilulioii,  and,  except  as  hei-ein  otherwise  ])i-o- 
vided,  all  the  laws  of  the  United  States  which  are  not  locally  inaj)j)li- 
cable,  shall  have  the  same  force  and  effect  within  the  said  Territory 
as  elsewhere  in  the  United  States:  P/oridccL  That  sections  eighteen 
hundred  and  fifty  and  eighteen  hundred  and  ninety  of  the  IJevised 
Statutes  of  the  United  States  shall  not  iijiply  to  the  Territory  of 
Hawaii. 

LAWS    OI'    HAWAII 

Sec.  C).  That  the  laws  of  Hawaii  not  inconsistent  with  the  Constitu- 
tion or  laws  of  the  United  States  or  the  provisions  of  this  Act  shall 
continue  in  force,  subject  to  repeal  or  amendment  by  the  legislature 
of  Hawaii  or  the  Congress  of  the  United  States. 

Sec.  T.  That  the  constitution  of  the  Republic  of  Hawaii  and  the 
laws  of  Hawaii,  as  set  forth  in  the  following  acts,  chapters,  and  sec- 
tions of  the  civil  laws,  penal  laws,  and  session  laws,  and  relating  to 
the  following  subjects,  are  hereby  repealed  : 

Civil  Laws  :  Sections  two  and  three.  Promulgation  of  laws;  chapter 
five,  Flag  and  seal ;  sections  thirty  to  thirty-three,  inclusive.  Tenders 
for  supplies;  chapter  seven.  Minister  of  foreign  affairs;  chapter  eight. 
Diplomatic  and  consular  agents;  sections  one  hundred  and  thirty-four 
and  one  hundred  and  thirty-five.  National  museum;  chapter  twelve. 
Education  of  Hawaiian  youths  abroad  ;  sections  one  hundred  and  fifty 
to  one  hundred  and  fifty-six,  inclusive.  Aid  to  board  of  education; 
chapter  fourteen.  Minister  of  the  Interior;  sections  one  hundred  and 
sixty-six  to  one  hundred  and  sixty-eight,  inclusive,  one  hundred  and 
seventy-four  and  one  hundred  and  seventy-five.  Government  lands; 
section  one  hundred  and  ninety.  Board  of  commissioners  of  i^ublic 
lands;  section  four  hundred  and  twenty-four.  Bureau  of  agriculture 
and  forestry ;  chapter  thirty-one.  Agriculture  and  manufactures ;  chap- 
ter thirty-two.  Ramie ;  chapter  thirty-three.  Taro  flour :  chapter  thirty- 
four,  Development  of  resources;  chapter  thirty-five.  Agriculture; 
section  four  hundred  and  seventy-seven.  Brands;  chapter  thirty- 
seven,  Patents;  chapter  thirty-eight.  Copyrights;  sections  five  hun- 
dred and  fifty-six  and  five  hundred  and  fifty-seven.  Railroad  subsidy; 
chapter  forty-seven.  Pacific  cable;  chapter  forty-eight.  Hospitals; 
chapter  fifty-one,  Coins  and  currency;  chapter  fifty-four.  Consolida- 
tion of  public  debt;  chapter  fifty-six,  Post-office;  chapter  fifty-seven. 
Exemptions  from  postage;  chapter  fifty-eight.  Postal  savings  banks; 
chapter  sixty-five,  Import  duties;  chapter  sixty-six.  Imports;  chap- 
ter sixty-seven.  Ports  of  entry  and  collection  districts;  chapter  sixty- 
eight.  Collectors;  chapter  sixty-nine.  Registry  of  vessels;  section  one 
thousand  and  eleven.  Custom-house  charges;  section  eleven  hundred 
and  two.  Elections;  section  eleven  hundred  and  thirty-two,  Apj)oint- 
nient  of  magistrate;  last  clause  of  first  subdivision  and  fifth  subdi- 
vision of  section  eleven  hundred  and  forty-four,  first  subdivision  of 
section  eleven  hundred  and  forty-five.  Jurisdiction ;  sections  eleven 
hundred  and  seventy-three  to  eleven  hundred  and  seventy-eight,  in- 
clusive, Translation  of  decisions;  section  eleven  hundred  and  eighty- 


Hawaii— 1900  883 

eight,  Clerks  of  court;  sections  thirteen  hunih-ed  and  twenty-nine, 
thirteen  hundred  and  thirty-one,  thirteen  hum  bed  and  tliirty-two, 
thirteen  hundred  and  forty-seven  to  thii'teen  hunchvd  and  fifty-four, 
inchisive,  Juries;  sections  fifteen  hun(h'ed  and  nine  to  fifteen  hunch'ed 
and  fourteen,  inchisive,  ^Maritime  niattei's;  chapter  one  hunth'ed  and 
tAvo,  Xaturalization ;  section  sixteen  hun<h'ed  and  seventy-eight. 
Habeas  corpus;  chapter  one  hundred  and  eiglit.  Arrest  of  debtors; 
subdivisions  six,  seven,  ten,  twelve  to  fourteen  of  section  seventeen 
hundred  and  thirty-six,  Garnishment;  sections  seventeen  hundred 
and  fifty-five  to  seventeen  hundred  and  fifty-eight,  inclusive,  Liens 
on  vessels;  chapter  one  hun(b-ed  and  sixteen,  liankruptcy.  and  sec- 
tions eighteen  hundred  and  twenty-eight  to  eighteen  hundred  and 
thirty-two,  inclusive.  Water  I'ights. 

Pexal  Laws:  Chapter  six.  Treason;  section  sixty-five  to  sixty- 
seven,  inclusive,  Foot  binding;  chapter  seA'enteen,  Violation  of  postal 
laws;  section  three  hundred  and  fourteen.  Blasphemy;  sections  three 
hundred  and  seventj'-one  to  three  hundred  tuid  seventy-tAvo,  inclusive. 
Vagrants;  sections  four  hundred  and  elcA^en  to  four  hundred  and 
thirteen,  inclusive.  Manufacture  of  liquors;  chapter  forty-three. 
Offenses  on  the  high  seas  and  other  waters;  sections  five  hundred  and 
ninety- five  and  six  hundred  and  two  to  six  hundi'ed  and  five,  inclusive, 
Jurisdiction;  section  six  hundred  and  twenty-three.  Procedure;  sec- 
tions seven  hundred  and  seven  hundred  and  one.  Imports;  section 
seven  hundred  and  fifteen.  Auction  license;  section  seven  hundred  and 
forty-five.  Commercial  travelers;  sections  seven  hundred  and  forty- 
eight  to  seven  hundred  and  fifty-five,  inclusive.  Firearms;  sections 
seven  hundred  and  ninety-six  to  eight  hundred  aiul  nine,  inclusi^'e. 
Coasting  trade;  sections  eight  hundred  and  eleven  and  eight  hundred 
and  twelve.  Peddling  foreign  goods;  sections  eight  hundred  and  thir- 
teen to  eight  hundred  and  fifteen,  inclusive.  Importation  of  live  stock ; 
section  eight  hundred  and  nineteen,  Imports;  sections  eight  hundred 
and  eighty-six  to  nine  hundred  and  six,  inclusive.  Quarantine;  section 
eleven  hundred  and  thirty-seven,  Consuls  and  consular  agents;  chap- 
ter sixtj^-seven.  Whale  ships;  sections  eleven  hundred  and  forty-five 
to  eleven  hundred  and  seventy-nine,  inclusive,  and  twelve  hundred 
and  four  to  twelve  hundred  and  nine,  inclusive.  Arrival,  entry,  and 
departure  of  vessels;  chai)ters  sixty-nine  to  seventy-six.  inclusive. 
Xavigation  and  other  nuitters  within  the  exclusive  jui'isdiction  of  the 
Fnited  States;  sections  thirteen  hundred  and  forty-seven  and  thii'- 
teen himdred  and  forty-eight,  Frauchdent  exportation;  cliapter 
seventy-eight.  Masters  and  servants;  chapter  ninety-three,  luunigra- 
tion;  sections  sixteen  hinidred  and  one,  sixteen  hundred  and  eight, 
and  sixteen  hundred  and  twelve,  Agi'iculture  and  forestry;  (•ha|)ter 
ninety-six.  Seditious  offenses;  and  chapter  ninety-nine.  Saibug 
regulations. 

Skssiox  L.vavs:  Act  fifteen.  Flections;  Act  twenty-six.  Duties;  Act 
Iwenty-seven,  Fxemi)tions  from  (bities;  Act  thirty-two.  Kegistry  of 
vessels;  section  foiu"  of  Act  thirty-eight.  Importation  of  bxc  stock; 
Act  forty-eight.  Pacific  cable;  Act  sixty-five.  ConsoHdation  of  iuil)bc; 
debt;  xVct  sixty-six,  Ports  of  entry;  and  Act  sixty-eight.  Chinese 
immiirration. 


884  Hawaii— 1900 

(  WjRTxK  I  N    O  V  KI  ( •  KS    A  HOLI S  H  KD 

Sec.  8.  That  the  offices  of  l*rosident,  minister  of  foreign  affairs, 
minister  of  the  interior,  minister  of  finance,  minister  of  pulilic  in- 
struction, aiiditor-iieneral,  deputy  auditor-general,  surveyor-general, 
marshal,  and  deputy  marshal  of  the  Republic  of  Hawaii  are  hereby 
abolished. 

AMENDMENT    OF    OKFTC'TAn    TrmKK 

Sec.  9.  That  wherever  the  words  "'  President  of  the  Repul)lic  of 
Hawaii,"  or  ''  Republic  of  Hawaii,'"'  or  "  (lovernment  of  the  Repul)lic 
of  HaAvaii,"  or  their  equivalents,  occur  in  the  laws  of  Hawaii  not 
repealed  by  this  Act,  they  are  hereby  amended  to  read  "  (jovernor  of 
the  Territory  of  Hawaii,"  or  "  Territory  of  Hawaii,"  or  "  (jovernment 
of  the  Territory  of  Hawaii/'  or  theii-  equivalents,  as  the  context 
requires. 

CONSTRUCTION   OF  JiXlSTING   STATTTTES 

Sec.  10.  That  all  rights  of  action,  suits  at  law  and  in  equity,  prose- 
cutions, and  judgments  existing  prior  to  the  taking  effect  of  this  Act 
shall  continue  to  be  as  effectual  as  if  this  Act  had  not  been  passed; 
and  those  in  favor  of  or  against  the  Republic  of  Hawaii,  and  not 
assumed  by  or  transferred  to  the  United  States,  shall  be  equally  valid 
in  favor  of  or  against  the  government  of  the  Territory  of  HaAvaii. 
All  offenses  which  by  statute  then  in  fierce  Avere  punishable  as  offenses 
against  the  Republic  of  HaAvaii  shall  be  punishable  as  offenses  against 
the  goA^ernment  of  the  Territory  of  HaAvaii,  unless  such  statute  is 
inconsistent  Avith  this  Act,  or  shall  be  repealed  or  changed  by  hiAv. 
No  person  shall  be  subject  to  imprisonment  for  nonpayment  of  taxes 
nor  for  debt.  All  criminal  and  penal  proceedings  then  pending  in 
the  courts  of  the  Republic  of  Hawaii  shall  be  prosecuted  to  final 
judgment  and  execution  in  the  name  of  the  Territory  of  HaAvaii;  all 
such  proceedings,  all  actions  at  hnv,  suits  in  equity,  and  other  pro- 
ceedings then  pending  in  the  courts  of  the  Republic  of  IlaAvaii  shall 
be  carried  on  to  final  judgment  and  execution  in  the  corresponding 
courts  of  the  Territory  of  HaAvaii ;  and  all  process  issued  and  sen- 
tences imposed  before  this  Act  takes  effect  shall  be  as  valid  as  if 
issued  or  imposed  in  the  name  of  the  Territory  of  Hawaii :  Provided^ 
That  no  suit  or  proceedings  shall  be  maintained  for  the  specific  per- 
formance of  any  contract  heretofore  or  hereafter  entered  into  for 
personal  lal)or  or  service,  nor  shall  any  remedy  exist  or  be  enforced 
for  breach  of  any  such  contract,  except  in  a  civil  suit  or  proceeding 
instituted  solely  to  recoA^er  damages  for  such  breach:  Provhled  fur- 
fher,  That  the  proA^isions  of  this  section  shall  not  modify  or  change 
the  hiAvs  of  the  United  States  applicable  to  merchant  seamen. 

That  all  contracts  made  since  August  tAvelfth,  eighteen  hundred 
and  ninety-eight,  hj  which  persons  are  held  for  service  for  a  definite 
term,  are  hereby  declared  null  and  A^oid  and  terminated,  and  no  laAV 
shall  be  passed  to  enforce  said  contracts  in  any  Avay ;  and  it  shall  be 
the  duty  of  the  United  States  marshal  to  at  once  notify  such  persons 
so  held  of  the  termination  of  their  contracts. 


Hawaii— 1900  885 

That  the  Act  approved  February  twenty-sixth,  eighteen  hundred 
and  eight^'-five,  "  To  prohibit  the  importation  and  migration  of  for- 
eigners and  aliens  under  contract  or  agreement  to  ])erform  hibor  in 
the  United  States,  its  Territories,  and  the  District  of  Cohnnbia."  and 
the  Acts  amendatory  thereof  and  supplemental  thereto,  be,  and  the 
pame  are  hereby,  extended  to  and  made  applical)le  to  the  Territory 
of  Hawaii. 

STYLE  OF  PROCESS 

Sec.  11.  That  the  style  of  all  process  in  the  Territorial  courts  shall 
hereafter  run  in  the  name  of  '"  The  Territoi-y  of  Hawaii,'*  and  all 
prosecutions  shall  be  carried  on  in  (he  nauie  and  by  the  nuthoi'ity  of 
ihe  Territory  of  Hawaii. 

Chapter  TT. — Thk  I^kotsi.atirk 
the  legislative  poaver 

Sec.  12.  That  the  legislature  of  the  Territory  of  Hawaii  shall  con- 
sist of  two  houses,  styled,  respectively,  the  senate  and  house  of  rei:)re- 
sentatives,  which  shall  organize  and  sit  separately,  except  as  other- 
wise herein  provided. 

The  two  houses  shall  l)e  styled  "  The  legislatiU'e  of  tlie  'J'enitoiy  of 
Hawaii.'' 

Sec.  18.  That  no  person  shall  sit  as  a  senator  or  representative  in 
the  legislature  uidess  elected  under  and  in  conformity  with  this  Acl. 

general  elections 

Sec.  14.  That  a  general  election  shall  be  held  on  the  Tuesday  next 
after  the  first  Monday  in  November,  nineteen  hundred,  and  every 
second  year  thereafter:  Proinded^  however^  That  the  governor  may.  in 
his  discretion,  on  thirty  days'  notice,  order  a  special  election  l^efore 
the  first  general  election,  if,  in  his  opinion,  the  public  interests  shall 
i-e(|nii"e  a  special  session  of  the  legislature. 

EACH  IIOI'SE   Jl  1)(;K  ok  (^l  AM  I'K  A'I'IOXS  OF   MEMBERS 

Sec.  15.  That  each  house  shall  be  the  judge  of  the  elections,  returns, 
Mud  qualifications  of  its  own  members. 

DISQUALIFICATIONS  OF  LEGISLATORS 

Sec.  IC).  That  no  member  of  the  legislature  shall,  durino'  the  tei-m 
foi-  which  he  is  elected,  be  appointed  or  elected  to  any  office  of  the 
Territory  of  Hawaii. 

DISQUALIFICATIONS   OF   GOVERNMENT  OFFICERS    AND    EMPLOYEES 

Sec  it.  That  no  ])erson  holding  office  in  or  under  or  by  authority 
of  the  Government  of  the  United  States  or  of  the  Territt)ry  of  Hawaii 
shall  be  eligible  to  election  to  the  legislature,  or  to  hold  the  position 
of  a  member  of  the  same  while  holdin<>"  said  office. 


SSf)  Hawaii— 1000 

Skc.  is,  No  idiot  or  insane  person,  and  no  person  wlio  shall  In' 
expelled  from  the  leaislatnre  for  _i>"i\in_ii"  or  receiviii<»-  bribes  or  beinii' 
accessor}^  thei'eto,  and  no  person  who,  in  (hie  c(jnrse  of  law,  shall  have 
been  convicted  of  any  criminal  oll'ensc  piniishable  l)y  iniprisomnent. 
whether  with  oi-  withont  hard  labor,  for  a  term  exoeedin<r  one  year, 
whether  Avith  or  withont  fine,  shall  re<jister  to  vote  or  shall  vote  or 
hold  any  office  in,  or  under,  or  by  authority  of,  the  government,  unless 
the  person  so  convicted  shall  have  been  i)ardoned  and  restored  to  his 
civil  rig'hts. 

OATH   OF  OFFICE 

Sec.  19.  That  every  member  of  the  legislature,  and  all  officers  of 
the  government  of  the  Territory  of  Hawaii,  shall  take  the  following 
oath  or  affirmation : 

I  solemly  swear  (or  affirm),  in  the  presence  of  Almighty  God,  that 
I  will  faithfully  support  the  Constitution  and  laws  of  the  United 
States,  and  conscientiously  and  impartially  discharge  my  duties  as  a 
member  of  the  legislature,  or  as  an  officer  of  the  government  of  the 
Territory  of  Hawaii  (as  the  came  may  be). 

OFFICERS   AXD  RULES 

Sec.  20.  That  the  senate  and  house  of  representatives  shall  each 
choose  its  own  officea-s,  determine  the  rules  of  its  own  proceedings, 
not  inconsistent  with  this  Act.  and  kee]")  a  journal. 

AYES    AXU    XOES 

Sec.  21.  That  the  ayes  and  noes  of  the  members  on  any  question 
shall,  at  the  desire  of  one-fifth  of  the  members  present,  be  entered  on 
the  journal. 

en  ORi  :\i 

Sec.  22.  That  a  majority  of  the  number  of  members  to  which  each 
house  is  entitled  shall  constitute  a  quorum  of  such  house  for  the  con- 
duct of  ordinary  business,  of  which  quorum  a  majority  vote  shall 
suffice;  but  the  final  passage  of  a  law  in  each  house  shall  require  the 
vote  of  a  majority  of  all  the  members  to  which  such  house  is  entitled. 

Sec.  23.  That  a  smaller  number  than  a  quorum  may  adjourn  from 
day  to  day,  and  compel  the  attendance  of  absent  members,  in  such 
manner  and  under  such  penalties  as  each  house  may  provide. 

Sec.  24.  That,  for  the  purpose  of  ascertaining  whether  there  is  "a 
quorum  present,  the  chairman  sliall  count  the  numl)er  of  members 
present. 

riTNISHMENT    OF    PERSONS    XOT    :ME:MBERS 

Sec.  25.  That  each  house  may  punish  by  fine,  or  by  imprisonment 
not  exceeding  thirty  days,  any  person  not  a  member  of  either  house 
who  shall  be  guilty  of  disrespect  of  such  house  by  any  disorderly  or 
contemptuous  behavior  in  its  presence  or  that  of  any  committee 
thereof;  or  who  shall,  on  account  of  the  exercise  of  any  legislative 
function,  threaten  harm  to  the  body  or  estate  of  any  of  the  members 
of  such  house;  or  who  shall  assault,  arrest,  or  detain  any  witness  or 
other  person  ordered  to  attend  such  house,  on  his  way  going  to  or 
returning  therefrom  :  or  who  shall  rescue  any  jmu'sou  arrested  l)y  order 
of  such  house. 


Ha  art  a— 1900  887 

But  the  person  charged  with  the  olFenso  shall  be  informed,  in  writ- 
ing, of  the  charge  made  against  him.  and  have  an  opportunity  to 
l^resent  evidence  and  be  heard  in  his  own  defense. 

COMPENSATION    OF    ME:\rBEKS 

Sec.  20.  That  the  members  of  the  legislature  shall  receive  for  their 
services,  in  addition  to  mileage  at  the  rate  of  ten  cents  a  mile  each 
Avay.  the  sum  of  four  hundred  dollars  for  each  regular  session  of  the 
legislature.  ])ayable  in  three  equal  installments  on  and  after  the  fii'st. 
thirtieth,  and  fiftieth  days  of  the  session,  and  the  sum  of  two  hundred 
dollars  for  each  extra  session  of  the  legislature. 

Pt  NISHMENT   OF    :ME.AIBE1{S 

Sec.  ii7.  That  each  house  may  punish  its  own  mcmlH'rs  for  disor- 
derly behavior  or  neglect  of  duty,  by  censure,  or  by  a  two-thirds  vote 
suspend  or  expel  a  member. 

EXEMPTION    FRO:SI    LIAHIEFrY 

Sec.  28.  That  no  member  of  the  legislature  shall  be  held  to  answer 
before  any  other  ti'ibunal  for  any  words  uttered  in  the  exercise  of  his 
legislative  functions  in  either  house. 

EXEMPTION    FROM    ARREST 

Sec.  29,  That  the  members  of  the  legislature  shall,  in  all  cases 
except  treason,  felony,  or  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  the  sessions  of  the  respective  houses, 
and  in  going  to  and  returning  from  the  same:  Prorided.  That  such 
privilege  as  to  going  and  returning  shall  not  cover  a  i)eri()d  of  o\er 
ten  da3's  each  way. 

THE   SENATE 

Nl  MBEU    OF    MEMBERS 

Sec.  30.  That  the  Senate  shall  be  composed  of  fifteen  members,  who 
shall  hold  office  for  four  years:  Provided^  however^  That  of  the  sena- 
tors elected  at  the  first  general  election,  two  from  the  first  district, 
one  from  the  second,  three  from  the  third,  and  one  from  the  fourth 
district  shall  hold  office  for  two  years  only,  the  details  of  such  appor- 
tionment to  be  provided  for  by  the  legislature. 

VACANCIES 

Sec.  31.  That  vacancies  caused  by  death,  resignation,  or  otherwise 
shall  be  filled  for  the  unex])ired  term  at  general  or  sj)ecial  elections. 

SKNATOKIAI.    niSTRICTS 

Sec.  32.  That  for  the  purpose  of  representation  in  the  senate,  until 
otherwise  provided  by  law,  the  Territory  is  divided  into  the  following 
senatorial  districts,  namely:" 

First  district :  The  island  of  Hawaii. 

Second  district:  The  islands  of  Maui.  Molokai.  Ivanai.  and  Kahoo- 
laAve. 


888  Hawaii— 1900 

Third  district :  The  island  of  Oahu. 
Fourth  district :  The  islands  of  Kanai  and  Niihau. 
Sec.  33.  That  the  electors  in  the  said  districts  shall  he  entitled  to 
elect  senators  as  follows : 
In  the  first  district,  four ; 
In  the  second  district,  three ; 
In  the  third  district,  six ; 
In  the  fourth  district,  two. 

QUALIFICATIONS    OF    SENATORS 

Sec.  34.  That  in  order  to  be  eligible  to  election  as  a  senator  a  person 
shall— 

Be  a  male  citizen  of  the  United  States ; 

Have  attained  the  age  of  thirty  years ; 

Have  resided  in  the  Hawaiian  Islands  not  less  than  three  years  and 
be  qualified  to  vote  for  senators  in  the  district  from  which  he  is 
elected. 

THE  HOUSE  OF  REPRESENTATIVES 
NUMBER    OF    REPRESENTATIVES 

Sec.  35.  That  the  house  of  representatives  shall  Ije  composed  of 
thirty  members,  elected,  except  as  herein  provided,  eveiy  second  year. 

TERIM    OF    OFFICE 

Sec.  3().  That  the  term  of  office  of  the  representatives  elected  at  any 
general  or  special  election  shall  be  until  the  next  general  election  held 
thereafter. 

VACANCIES 

Sec.  37.  'i'hat  vacancies  in  the  office  of  representative  caused  by 
death,  resignation,  or  otherwise  shall  be  filled  for  the  luiexpired  term 
at  special  elections. 

representative    DISTRICTS 

Sec  38.  That  for  the  purpose  of  representation  in  the  house  of  rep- 
resentatives, until  otherwise  provided  by  law,  the  Territorv  is  divided 
into  the  following  representative  districts,  namely : 

First  district:  That  portion  of  the  island  of  Hawaii  known  as 
Puna,  Hilo,  and  Hamakua. 

Second  district :  That  portion  of  the  island  of  Hawaii  known  as 
Kau,  Kona,  and  Kohala. 

Third  district :  The  islands  of  Maui,  Molokai,  Lanai,  and  Kahoo- 
lawe. 

Fourth  district :  That  portion  of  the  island  of  Oahu  lying  east  and 
south  of  Xuuanu  street  and  a  line  drawn  in  extension  thereof  from 
the  Nuuanu  Pali  to  Mokapu  Point. 

Fifth  district :  That  portion  of  the  island  of  Oahu  lying  west  and 
north  of  the  fourth  district. 

Sixth  district :  The  islands  of  Kauai  and  Niihau. 


Hawaii— 1900  889 

APPORTION  MENT 

Sec.  39.  That  the  electors  in  the  said  districts  shall  be  entitled  to 
elect  representatives  as  follows: 
In  the  first  district,  four ; 
In  the  second  district,  four ; 
In  the  third  district,  six ; 
In  the  fourth  district,  six ; 
In  the  fifth  district,  six ; 
In  the  sixth  district,  four. 

QUALIFICATIONS    OF    REPRESENTATIVES 

Sec.  -to.  That  in  order  to  be  eligible  to  be  a  member  of  tlie  house  of 
representatives  a  person  shall,  at  the  time  of  election — 

Have  attained  the  age  of  twenty-five  years ; 

Be  a  male  citizen  of  the  United  States; 

Have  resided  in  the  Hawaiian  Islands  not  less  than  tiiree  years; 

And  shall  be  qualified  to  vote  for  representatives  in  the  district 
from  which  he  is  elected. 

LEGISLATION 
SESSIONS    OF    THE    LEGISLATURE 

Sec.  41.  That  the  first  regular  session  of  the  legislature  shall  be 
held  on  the  third  Wednesday  in  February,  nineteen  hundred  and  one, 
and  biennially  thereafter,  in  Honolulu. 

Sec.  42.  That  neither  house  shall  adjourn  during  any  session  for 
more  than  three  days,  or  sine  die,  without  the  consent  of  the  other. 

Sec.  43.  That  each  session  of  the  legislature  shall  continue  not 
longer  than  sixty  days,  excluding  Sundays  and  holidays:  ProridecU 
]ioicerei\  That  the  governor  may  extend  such  session  for  not  more 
than  thirty  days. 

The  governor  may  convene  the  legislature,  or  the  senate  alone,  in 
special  session,  and,  in  case  the  seat  of  government  shall  be  unsafe 
from  an  enemy,  riot,  or  insurrection,  or  any  dangerous  disease,  direct 
that  any  regular  or  special  session  shall  be  held  at  some  other  than 
the  regular  meeting  place. 

ENACTIN(i    CLAISK KNliLlSH     LANOl'AOE 

Sec.  44.  That  the  enacting  clause  of  all  hiAvs  shall  be,  "  Be  it  enacted 
by  the  legislature  of  the  Territory  of  Hawaii." 

All  legislative  proceedings  shall  be  conducted  in  the  English 
language. 

TITLE    Ol"    LAAWS 

Sec.  45.  That  each  law  shall  embrace  but  one  subject,  which  shall 
be  expressed  in  its  title. 

READING   OF   BILLS 

Sec.  4G.  That  a  bill  in  order  to  become  a  law  shall,  except  as  herein 
provided,  pass  three  readings  in  each  house,  on  separate  days,  the 
final  passage  of  which  in  each  house  shall  be  by  a  majority  vote  of  all 
the  members  to  which  such  house  is  entitled,  taken  by  ayes  and  noes 
and  entered  upon  its  journal. 


890  Ilaivaii— 11)00 

CKKTIKICATION    OK    lUM.S    I'RO.M    ONK    IKJUSE    T(t    TIIK    OTIIKH 

Sec.  47.  That  every  Inll  Avheii  passed  by  the  house  in  whicli  it 
originated,  or  in  which  amenihnents  thereto  shall  have  originated, 
shall  innnediately  be  certified  by  the  presiding  officer  and  clerk  and 
sent  to  the  other  house  for  consideration. 

SKJNIXC;    I'.ILI-S 

Sec.  4.S.  That,  ex('e|)t  as  hcri'in  ])r()\i(le(l,  all  bills  passed  by  the 
legislature  shall,  in  order  to  be  valid,  be  signed  by  the  governor. 

VETO    OF    COVEHNOIt 

Sec.  40.  That  every  bill  Avhich  shall  have  passed  the  legislature 
shall  be  certified  by  the  presiding  officers  and  clerks  of  both  houses, 
and  shall  thereupon  be  presented  to  the  governor.  If  he  approves  it, 
he  shall  sign  it,  and  it  shall  become  a  law.  If  the  governor  does  not 
approve  such  bill,  he  may  return  it,  with  his  objections,  to  the  legis- 
lature. 

He  ma}^  veto  any  specific  item  or  items  in  any  bill  which  appro- 
priates money  for  specific  purposes;  but  shall  veto  other  bills,  if  at 
all,  only  as  a  whole. 

'  procedure  upon  receipt  of  veto 

Sec.  50.  That  upon  the  receipt  of  a  veto  message  from  the  governor 
each  house  of  the  legislature  shall  enter  the  same  at  large  upon  its 
journal  and  proceed  to  reconsider  such  bill,  or  part  of  a  bill,  and 
again  vote  upon  it  by  ayes  and  noes,  which  shall  be  entered  upon  its 
journal. 

If  after  such  reconsideration  such  bill,  or  part  of  a  bill,  shall  be 
approved  by  a  tAvo-thirds  vote  of  all  the  members  to  Avhich  each  house 
is  entitled,  it  shall  thereby  become  law. 

EAILl  RE   to   sign    OR   VETO 

Sec.  51.  That  if  the  governor  neither  signs  nor  vetoes  a  bill  within 
ten  days  after  it  is  delivered  to  him  it  shall  become  a  law  without  his 
signature,  unless  the  legislature  adjourns  sine  die  prior  to  the  expira- 
tion of  such  ten  days. 

If  any  bill  shall  not  be  returned  by  the  governor  within  ten  days 
(Sundays  excepted)  after  it  shall  have  l)een  presented  to  him.  the 
same  shall  be  a  law  in  like  manner  as  if  he  had  signed  it.  unless  the 
legislature  by  their  adjournment  prevents  its  return,  in  Avhich  case  it 
shall  not  be  a  law. 

appropriations 

Sec.  52.  That  apiH'opriations,  except  as  otherwise  herein  provided, 
shall  be  made  biennially  by  the  legislature:  Provided^  however,  T\\^i 
pending  the  time  when  this  Act  shall  take  eti'ect  and  until  a  session  of 
the  legislature  of  the  Territory  of  Hawaii  shall  be  held,  the  President 
may,  in  his  discretion,  authorize  and  direct  the  use  of  such  money  in 
the'^treasury  of  the  Repul)lic  of  Hawaii  as  well  as  of  the  Territory  of 


Hawaii— 1900  891 

Hawaii,  as  he  shall  think  requisite  and  proper  for  carrvino;  on  the  <>o\  - 
ernnient  of  the  Territor}^  of  HaAvaii,  the  preservation  of  the  public- 
health,  the  completion  of  the  sewerage  system  of  the  cit}'  of  Honolulu, 
and  such  other  expenditures  as  in  the  President's  judgment  shall  seem 
to  be  appropriate. 

Sec.  53.  That  the  governor  shall  submit  to  the  legislature,  at  each 
regular  session,  estimates  for  appropriations  for  the  succeeding  bien- 
nial period. 

^VA\  ^A.  That  in  case  of  failure  of  the  legislature  to  pass  appropri- 
ation bills  providing  for  payments  of  the  necessary  current  expenses 
of  carrying  on  the  government  and  meeting  its  legal  obligations  as  the 
same  are  provided  for  by  the  then  existing  laws,  the  governor  shall, 
upon  the  adjournment  of  the  legislature,  call  it  in  extra  session  for 
the  consideration  of  appropriation  bills,  and  until  the  legislature  shall 
have  acted  the  treasurer  may,  with  the  advice  of  the  governor,  make 
such  payments,  for  Avhicli  purpose  the  sums  appropriated  in  the  last 
appropriation  bills  shall  be  deemed  to  have  been  reappropriated.  And 
all  legislative  and  other  ajjpropriations  nuide  prior  to  the  date  when 
this  Act  shall  take  effect,  shall  be  available  to  the  government  of  the 
Territory  of  Haw  aii. 

LKGISLATIVE    POWER 

Sec.  5,").  That  the  legislative  poAver  of  the  Territory  shall  extend  to 
all  rightful  subjects  of  legislation  not  inconsistent  Avith  the  Constitu- 
tion and  laws  of  the  United  States  locally  applicable.  The  legisla- 
ture, at  its  first  regular  session  after  the  census  enumeration  shall  be 
ascertained,  and  from  time  to  time  thereafter,  shall  reapportion  the 
membership  in  the  senate  and  house  of  representatives  among  the 
senatorial  and  representative  districts  on  the  basis  of  the  population 
in  each  of  said  districts  Avho  are  citizens  of  the  Territory:  but  the  leg- 
islature shall  not  grant  to  any  corporation,  association,  or  individual 
any  special  or  exclusiA-e  privilege,  immunitA^,  or  franchise  Avithout  the 
approval  of  Congress;  nor  shall  it  grant  private  charters,  but  it  may 
by  general  act  permit  persons  to  associate  themseh'es  together  as 
bodies  corporate  for  manufacturing,  agricultural,  and  other  industrial 
pursuits,  and  for  conducting  the  business  of  insurance,  savings  banks, 
banks  of  discount  and  deposit  (but  not  of  issue),  loan,  trust,  and 
guaranty  associations,  for  the  establishment  and  conduct  of  cemete- 
ries, and  for  the  construction  and  operation  of  railroads,  Avagon  roads, 
A'essels,  and  irrigating  ditches,  and  the  colonization  and  improA'ement 
of  lands  in  connection  thercAvith,  or  for  colleges,  seminaries,  churches, 
libraries,  or  any  other  benevolent,  charitable,  or  scientific  association : 
Provided ^  That  no  corporation,  domestic  or  foreign,  shall  acquire  and 
hold  real  estate  in  HaAvaii  in  excess  of  one  thousand  acres;  and  all 
real  estate  acquired  or  held  by  such  corporation  or  association  con- 
trary hereto  shall  be  forfeited  and  escheat  to  the  United  States,  but 
existing  vested  rights  in  real  estate  shall  not  be  impaired.  Xo  divorce 
shall  be  granted  by  the  legislature,  nor  shall  any  divorce  be  granted 
by  the  courts  of  the  Territory  unless  the  applicant  therefor  shall  have 
resided  in  the  Territory  for  hvo  years  next  preceding  the  application, 
but  this  ])rovision  shall  not  affect  any  action  pending  Avhen  this  Act 
takes  effect :  nor  shall  any  lottery  or  sale  of  lottery  tickets  be  allowed  ; 
nor  shall  spirituous  or  intoxicating  li([uors  be  sold  except  under  such 
7252— VOL  2—07 2 


892  Hawaii— 1900 

regiilalioiis  and  restrictions  as  the  Territorial  legislature  shall  pro- 
vide ;  nor  shall  any  public  money  be  appropriated  for  the  support  or 
benefit  of  any  sectarian,  denominational,  or  private  school,  or  any 
school  not  under  the  exclusive  control  of  the  government;  nor  shall 
the  government  of  the  Territory  of  Hawaii,  or  any  political  or  mimic- 
ipal  corporation  or  sulxli vision  of  the  Territory,  make  any  subscrip- 
tion to  the  capital  stock  of  any  incorporated  company,  or  in  any  man- 
ner lend  its  credit  for  the  use  thereof;  nor  shall  any  debt  be  author- 
ized to  be  contracted  by  or  on  behalf  of  the  Territory,  or  any  joolitical 
or  municipal  corporation  or  subdivision  thereof,  except  to  pay  the 
interest  upon  the  existing  indebtedness,  to  suppress  insurrection,  or  to 
provide  for  the  common  defense,  except  that  in  addition  to  any  indebt- 
edness created  for  such  purposes  the  legislature  may  authorize  loans 
by  the  Territory,  or  any  such  subdivision  thereof,  for  the  erection  of 
penal,  charitable,  and  educational  institutions,  and  for  public  build- 
ings, Avharves,  roads,  and  harbor  and  other  public  improvements, 
but  the  total  of  such  indebtedness  incurred  in  an}'^  one  year  by  the 
Territory  or  any  subdivision  shall  not  exceed  one  per  centum  upon 
the  assessed  value  of  taxable  property  of  the  Territory  or  subdivision 
thereof,  as  the  case  may  be,  as  shown  by  the  last  general  assessment 
for  taxation,  and  the  total  indebtedness  for  the  Territory  shall  not  at 
any  time  be  extended  bej^ond  seven  per  centum  of  such  assessed  value, 
and  the  total  indebtedness  of  any  subdivision  shall  not  at  any  time 
be  extended  beyond  three  per  centum  of  such  assessed  value,  but  noth- 
ing in  this  provision  shall  prevent  the  refunding  of  any  existing 
indebtedness  at  any  time;  nor  shall  any  such  loan  be  made  upon  the 
credit  of  the  public  domain  or  any  part  thereof,  nor  shall  any  bond  or 
other  instrument  of  any  such  indebtedness  be  issued  imless  made 
redeemable  in  not  more  than  five  years  and  payable  in  not  more  than 
fifteen  years  from  the  date  of  the  issue  thereof;  nor  shall  any  such 
bond  or  indebtedness  be  incurred  imtil  approved  by  the  President  of 
the  United  States. 

T()\\'\.   crrv,  AND   COITNTV   (iOVKHX.AlEXT 

Sec.  5(:),  That  the  legislature  may  create  counties  and  town  and 
city  nuuiicipalities  within  the  Territory  of  Hawaii  and  provide  for 
the  government  thereof. 

ELECTIONS 
EXEMPTION    OF   ELECTORS    ON    EI.E(rriON    DAY 

Sec.  57.  That  every  elector  shall  l)e  i)rivileged  from  arrest  on  elec- 
tion day  during  his  attendance  at  election  and  in  going  to  and  return- 
ing therefrom,  except  in  case  of  l)reach  of  the  peace  then  committed, 
or  in  case  of  treason  or  felony. 

Sec.  58.  That  no  elector  shall  be  so  obliged  to  perform  military  duty 
on  the  day  of  election  as  to  prevent  his  voting,  except  in  time  of 
war  or  public  danger,  or  in  case  of  absence  from  his  place  of  residence 
in  actual  military  service,  in  which  case  provision  may  be  made  by 
law  for  takins:  his  vote. 


Ilaicaii—lUOO  893 

.AIETIIOD    OF    VOTIXG    FOR    Ri:i'HE8ENTATI\ES 

Sec.  59.  That  each  voter  for  representative  may  cast  a  vote  for  as 
many  representatives  as  are  to  be  elected  from  the  representatiA'e  dis- 
trict in  which  he  is  entitled  to  vote. 

The  required  number  of  candidates  receiving-  the  highest  number  of 
votes  in  the  respective  representative  districts  shall  be  the  re^jresenta- 
tives  for  such  districts. 

(^l  ALIKICATIONS    Ol'    VOTERS    KOIJ    ItKr'HKSKN'rA  ri\  ES 

Sec.  (■)().  That  in  ordci*  to  be  (lualilicd  lo  \<)tc  for  represent  at  i\'es  a 
person  shall — 

First.  Be  a  male  citizen  of  the  United  vStates. 

Second.  Have  resided  in  the  Territory  not  less  than  one  year  pre- 
ceding and  in  the  representative  district  in  Avhich  he  oti'ers  to  register 
not  less  than  three  months  immediately  preceding  the  time  at  which 
he  offers  to  register. 

Third.  Have  attained  the  age  of  twenty-one  years. 

P'ourth.  Prior  to  each  regular  election,  during  the  time  prescribed 
by  law  for  registration,  have  caused  his  name  to  be  en.tered  on  the  I'eg- 
ister  of  voters  for  representatives  for  his  district. 

Fifth.  Be  able  to  speak,  read,  and  Avrite  the  English  or  Hawaiian 
language. 

^NIETflOl)    OF    VOTIX(;     I'OU    SENATORS 

Sec.  ()1.  That  each  votei-  for  senator  may  cast  one  Note  for  each 
senator  to  be  elected  from  the  senatorial  district  in  which  lie  is  enti- 
tled to  vote. 

The  re(juired  niunber  ol'  candidates  I'eceiving  the  high(>st  luiniber  of 
votes  in  the  respective  senatorial  districts  shall  l)e  the  senators  for 
such  district. 

giAEii'icA  rioxs  or  xoters  for  senators  and  in  ai>e  other  elections 

Sec.  (')"2.  That  in  order  to  be  (jualified  to  xote  for  senators  and  for 
voting  in  all  other  elections  in  the  Territory  of  Hawaii  a  person  nnist 
])ossess  all  the  ({ualilicatious  and  be  subject  to  all  the  conditions 
re(]uired  by  this  Act  of  voters  for  representatives. 

Sec.  (V'l.  That  no  person  shall  be  allowed  to  vote  who  is  in  the  Ter- 
I'itory  by  reason  of  being  in  the  .Vrmy  or  Navy  or  by  reason  of  being 
attached  to  ti-ooj^s  in  the  service  of  the  United  States. 

Sec.  (U.  That  the  rules  and  regulations  for  administering  oaths 
and  holding  elections  set  forth  in  F)alloirs  (\)inpilatiou,  (^ivil  Laws. 
Appendix. and  the  list  of  registering  districts  and  precincts  appended, 
are  continued  in  force  with  the  following  changes,  to  Avit : 

Strike  out  the  ])reliminary  proclamation  and  sections  one  to  twenty- 
six,  inclusive,  sections  thirty  and  thirty-nine,  the  second  and  thiril 
paragraphs  of  section  forty-eight,  the  second  paragraph  of  section 
fifty,  and  sections  sixty-two,  sixty-three,  and  sixty-six,  second  para- 
graph of  section  one  hundred. 


894  JIaivaii-~L'J(JO 

In  section  twciily-niiie  strike  out  all  aftci'  tlio  word  •' Xiihau  "  and 
in  li(Mi  theroof  insert:  "The  boards  of  registration  existing  at  the 
(hi((^  of  tlu^  approval  of  this  Act  shall  go  out  of  office,  and  new 
hoards,  which  shall  consist  of  three  members  each,  shall  be  aj^pointcd 
by  the  governor,  by  and  with  the  advice  and  consent  of  the  senate, 
whose  terms  of  office  shall  be  four  years.  Appointn)ents  made  by  the 
governor  when  the  senate  is  not  in  session  shall  be  valid  until  (he 
succeeding  meeting  of  that  body." 

In  section  thirty-one  strike  out ''  the  first  day  of  Api"il  and  the  thii-- 
tieth  day  of  ,June,  in  the  year  eighteen  hundred  and  ninety-seven," 
and  insert  in  lieu  thereof  "  the  last  day  of  August  and  the  tenth  day 
of  October,  in  the  year  nineteen  hundred." 

Strike  out  the  words  "and  the  detailed  record"  in  sections  Hfty- 
two  and  one  hundred  and  twelve. 

Strike  out  ''  marshal  "  wherever  it  occurs  and  insert  in  lieu  thereof 
"  high  sherilf."' 

Strike  out  of  section  fifty-three  the  words  "except  as  ])rovided  in 
section  one  hundred  and  fourteen  hereof." 

In  sections  fifty-three,  fifty-four,  fifty-six,  fiftj^-seven,  fifty-nine, 
sixty,  seventy-one,  seventy-five,  eighty-six,  ninety-tw^o,  ninety-three, 
ninety-four,  ninety-five,  one  hundred  and  eleven,  one  hundred  and 
tAvelve,  and  one  hundred  and  thirteen  striks  out  the  Avords  "  minis- 
ter "  and  "  minister  of  the  interior  "  wherever  they  occur  and  insert 
in  lieu  thereof  the  w^ords  "  secretary  of  the  Territory." 

In  section  fifty-six,  paragraph  three,  strike  out  ^  interior  office  " 
and  insert  "  office  of  the  secretary  of  the  Territory." 

In  section  fifty-six,  first  paragraph,  after  the  words  ''  candidate  for 
election  "  insert  "  to  the  legislature ;  "  and  in  the  last  paragra])h  strike 
out  the  word  "  only." 

Strike  out  the  Avord  "  elective  "  in  section  sixty-four. 

In  sections  tAventy-seven,  sixty-four,  sixty-fiAc.  sixty-eight,  scA'enty. 
and  seA'enty-tAvo  strike  out  the  Avords  "  minister  of  the  interior  "  or 
''  minister  "  Avherever  they  occur  and  insert  in  lieu  thereof  the  Avord 
"  goA^ernor." 

Amend  section  sixty-seA^en  so  that  it  Avill  read:  "At  least  forty  days 
before  any  election  the  governor  shall  issue  an  election  proclamati<m 
and  transmit  copies  of  the  same  to  the  several  boards  of  inspectors 
throughout  the  Territory,  or  Avhere  such  election  is  to  be  held." 

In  section  seA^enty-five  strike  out  the  Avord  '"  perfectly,"  and  in  sec- 
tion seA^enty-six  strike  out  ''  in  "  and  insert  "  on." 

In  section  one  hundred  and  tAvehe  strike  out  "  interior  depart- 
ment "  and  insert  in  lieu  thereof  *'  office  of  the  secretary  of  the 
Territory." 

In  section  one  hundred  and  fourteen  strike  out  the  Avord  "  Rejiub- 
lie  "  wdiereA^er  it  occurs  and  insert  in  lieu  thereof  "  Territory." 

In  section  one  hundred  and  fifteen  strike  out  the  Avords  "  minister  " 
and  "  minister  of  the  interior  "  and  insert  in  lieu  thereof  ''  treasurer," 
and  strike  out  all  after  the  Avord  "refreshments:"  Prorided,  how- 
ever, That  for  the  holding  of  a  special  election  before  the  first  general 
election  the  governor  may  prescribe  the  time  during  Avhich  the  boards 
of  registration  shall  meet  and  the  registration  be  made. 

Sec.  65.  That  the  legislature  of  the  Territory  may  from  time  to 
time  establish  and  alter  the  boundaries  of  election  districts  and  A'ot- 
ing  precincts  and  apportion  the  senators  and  representatiA^es  to  l)e 
elected  from  such  districts. 


Hawaii— 1900  895 

Chaptkr    rn. — The  ExECunvE 


THE    EXECUTIVE    roWKK 

Sec.  ('»().  That  the  executive  power  of  the  <i'()vernment  of  the  Terri- 
tory of  Hawaii  shall  be  vested  in  a  governor,  who  shall  he-appointed 
by  the  President,  bv  and  with  the  advice  and  consent  of  the  Senate 
of  the  United  States,  and  shall  hold  office  for  four  years  and  nntil 
his  snccessor  shall  be  appointed  and  qualified,  unless  sooner  removed 
by  the  President.  He  shall  })e  not  less  than  thirty-five  years  of  aae; 
shall  be  a  citizen  of  the  Territory  of  Hawaii;  shall  be  commander  in 
chief  of  the  militia  thereof;  may  grant  pardcms  or  reprieves  for 
offenses  against  the  laws  of  the  said  Territory  and  reprieves  for  of- 
fenses against  the  laws  of  the  United  States  nntil  the  decision  of  the 
President  is  made  known  thereon. 

ENFORCEMENT    OF    LAW 

Sec.  GT.  That  the  governor  shall  be  responsible  for  the  faithful 
execution  of  the  laAvs  of  the  United  States  and  of  the  Territory  of 
Hawaii  within  the  said  Territory,  and  whenever  it  becomes  necessary 
he  may  call  upon  the  connnanders  of  the  military  and  naval  forces  of 
the  United  States  in  the  Territory  of  Hawaii,  or  summon  the  posse 
comitatus,  or  call  out  the  militia  of  the  Territory  to  prevent  or  sup- 
press lawless  violence,  invasion,  insurrection,  or  rebellion  in  said 
Territory,  and  he  ma}',  in  case  of  rebellion  or  invasion,  or  imminent 
danger  thereof,  wdien  the  public  safety  requires  it,  suspend  the  priv- 
ilege of  the  writ  of  habeas  corpus,  or  place  the  Territory,  or  any  part 
thereof,  under  martial  law  until  communication  can  be  had  with  the 
President  and  his  decision  therein  made  knowm. 

GENERAL    POWERS    OF    THE    GOVERNOR 

Sec.  ()8.  That  all  the  powers  and  duties  which,  by  the  laws  of 
Hawaii,  are  conferred  upon  or  recpiired  of  the  President  or  any  min- 
ister of  the  Kepublic  of  Hawaii  (acting  alone  or  in  connection  with 
any  other  officer  or  person  or  body)  or  the  cabinet  or  executi\e 
council,  and  not  inconsistent  with  the  Constitution  or  laws  of  the 
United  States,  are  conferred  upon  and  required  of  the  governoi-  of 
the  Territory  of  TTawaii,  unless  otlierwisc^  proN'ided. 

SECRETARY    OF     THE    TERRCroRV 

Sec.  05>.  That  there  shall  be  a  secretary  of  ihe  said  Territory,  who 
shall  be  appointed  by  the  President,  by  and  with  the  ailvice  aud  con- 
sent of  the  Senate  of  the  United  States,  and  who  shall  be  a  citizen  of 
the  Territory  of  Hawaii  and  hold  his  ollice  for  four  years  and  until  his 
successor  shall  l)e  appointed  and  <iiialilied,  unless  sooner  riMuoved  by 
the  President.  He  shall  record  and  j)reserve  all  the  laws  and  })roceed- 
ings  of  the  legislature  and  all  acts  and  proceedings  of  the  govei'nor, 
and  promulgate  proclamations  of  the  governor.  He  shall,  within 
thirty  days  after  the  end  of  each  session  of  the  legislature,  transmit  to 
the  President,  the  President  of  the  Senate,  and  the  Si)eaker  of  the 
House  of  Representatives  of  the  United  States  one  copy  each  of  the 
laws  and  journals  of  such  session.  He  shall  transmit  to  the  President, 
semiannually,  on  the  first  days  of  January  and  ,Iuly,  a  copy  of  the 


890  JJ(uvail~-inOO 

executive  proceedings,  and  shall  jx'rfonn  such  other  <hiti(!s  as  are  pre 
scribed  in  this  Act  or  as  may  be  required  of  him  by  the  legishiture  of 
HaAvaii. 

ACTING    (JOVERNOR    IN    CERTAIN    CONTINGENCIES 

Sec.  To.  That  in  case  of  the  death,  removal,  resignation,  or  dis- 
ability of  the  governor,  or  his  al>sence  from  the  Territory,  the  secre- 
tary shall  exercise  all  the  powers  and  perform  all  the  duties  of  gov- 
ernor during  such  vacancy,  disability,  or  absence,  or  until  another 
governor  is  appointed  and  qualified. 

ATTORN  E  Y-GEN  ER  AL 

Sec.  71.  That  there  shall  be  an  attorney-general,  who  shall  have  the 
powers  and  duties  of  the  attorney-general  and  those  of  the  powers  and 
duties  of  the  minister  of  the  interior  wdiich  relate  to  prisons,  pris- 
oners, and  prison  inspectors,  notaries  public,  and  escheat  of  lands 
under  the  laws  of  Hawaii,  except  as  changed  by  this  Act  and  subject 
to  modification  by  the  legislature^. 

TREASURER 

Sec.  72.  That  there  shall  l)e  a  treasurer,  who  shall  have  the  powers 
and  duties  of  the  ministei-  of  finance  and  those  of  the  powers  and 
duties  of  the  minister  of  the  interior  which  relate  to  licenses,  corpora- 
tions, companies,  and  partnerships,  business  conducted  by  married 
women,  new^spapers,  registry  of  conveyances,  and  registration  of 
prints,  labels,  and  trade-marks  under  the  laws  of  HaAvaii,  except  as 
changed  in  this  Act  and  subject  to  modification  by  the  legislature. 

commissioner  of  public  lands 

Sec.  73,  That  the  laws  of  HaAvaii  relating  to  public  lands,  the  settle- 
ment of  boundaries,  and  the  issuance  of  patents  on  land-commission 
awards,  except  as  changed  by  this  Act,  shall  continue  in  force  imtil 
Congress  shall  otherwise  proA^ide.  That,  subject  to  the  approval  of 
the  President,  all  sales,  grants,  leases,  and  other  dispositions  of  the 
public  domain,  and  agreements  concerning  the  same,  and  all  fran- 
chises granted  by  the  HaAvaiian  government  in  conformity  Avith  the 
laAvs  of  HaAvaii  betAveen  the  seA^enth  day  of  July,  eighteen  hundred 
and  ninety-eight,  and  the  tAventy-eighth  day  of  September,  eighteen 
hundred  and  ninety-nine,  are  hereby  ratified  and  confirmed.  In  said 
laws  "  land  patent  "  shall  be  substituted  for  "  royal  patent :  "  "  com- 
missioner of  public  lands  "  for  "  minister  of  the  interior,''  "  agent  of 
public  lands,"  and  ''  connnissioners  of  public  lands,'"  or  their  equiv- 
alents; and  the  Avords  "that  I  am  a  citizen  of  the  United  States,"  or 
'•  that  I  have  declared  my  intention  to  become  a  citizen  of  the  United 
States,  as  required  by  law%"  for  the  Avords  "  that  I  am  a  citizen  by 
birth  (or  naturalization)  of  the  liepublic  of  TTaAvaii,"  or  "that  I 
haA^e  receiA'ed  letters  of  denization  under  the  Republic  of  HaAvaii."  or 
'•  that  I  haA'c  received  a  certificate  of  special  right  of  citizenship  from 
the  Repulilic  of  Hawaii."  And  no  lease  of  agricultural  land  shall  be 
granted,  sold,  or  rencAved  by  the  goA^rnment  of  the  Territory  of 
Hawaii  for  a  longer  ])eriod  than  five  years  until  Congress  shall  other- 
Avise  direct.     All  funds  arising  from  the  sale  or  lease  or  other  disj^osal 


Hawaii— 1900  897 

of  such  lands  shall  be  appropriated  hv  the  laws  of  the  government  of 
the  Territory  of  Hawaii  and  applied  to  such  uses  and  purposes  for 
the  benefit  of  the  inhabitants  of  the  Territory  of  Hawaii  as  are  con- 
sistent with  the  joint  resolution  of  annexation,  approved  July  seventh, 
eighteen  hundred  and  ninety-eight:  Provided^  There  shall  be  ex- 
cepted from  the  provisions  of  this  section  all  lands  heretofore  set 
apart,  or  reserved,  by  Executive  order,  or  orders,  by  the  President  of 
the  United  States. 

COMMISSIONER  OF  AGRICULTURE  AND   FORESTRY 

Sec.  74.  That  the  laws  of  Hawaii  relating  to  agriculture  and  for- 
estry, except  as  changed  by  this  Act,  shall  continue  in  force,  subject  to 
modification  by  Congress  or  the  legislature.  In  said  laws  '"  com- 
missioner of  agriculture  and  forestry  "  shall  be  substituted,  resi3ec- 
tively,  for  ''  bureau,"  '*  bureau  of  agriculture  and  forestry,"  "  commis- 
sioner," "  commissioner  of  agriculture,"  and  '*  commissioners  for  the 
island  of  Oahu." 

SFPERIXTEXDENT    OF    PllU-lC    WoHKS 

Sec.  Tn.  That  there  shall  be  a  superintendent  of  public  works,  who 
shall  have  the  powers  and  duties  of  the  superintendent  of  public 
works  and  those  of  the  powers  and  duties  of  the  minister  of  the 
Interior  which  relate  to  streets  and  highways,  harbor  improvements, 
Avharves,  landings,  waterworks,  railways,  electric  light  and  power, 
tele])hone  lines,  fences,  pounds,  brands,  weights  and  measures,  fires 
and  fireproof  l)uildings,  explosives,  eminent  domain,  ])ublic  works, 
markets,  buildings,  parks  and  cemeteries,  and  othei'  grounds  and  lands 
now  under  the  control  and  management  of  the  minister  of  the  inte- 
rior, and  those  of  the  powers  and  duties  of  the  minister  of  finance 
and  collector-general  which  relate  to  pilots  and  harbor  masters  under 
the  laws  of  Hawaii,  except  as  changed  by  this  Act  and  subject  to 
modification  by  the  legislature.  In  said  laws  the  word  ''  legislature  " 
shall  be  substituted  for  *'  councils  "  and  the  words  "  the  circuit  court  " 
for  ''  the  Hawaiian  Postal  Savings  Bank." 

Sl'l'ERINTENDKX  r  OF   PUBLIC    INSTRUCTION 

Sec.  7r>.  That  there  shall  be  a  superintendent  of  public  instruction, 
who  shall  have  the  j)owers  and  ])erf()rm  the  duties  conferred  upon  and 
i-ecjuired  of  the  minister  of  public  instruction  by  the  laws  of  Hawaii 
as  amended  by  this  Act,  and  subject  to  modification  by  the  legislature. 

It  shall  be  the  duty  of  the  United  States  Commissioner  of  Labor  to 
collect,  assort,  arrange,  and  present  in  iinnunl  i-epoi'ts  statistical 
details  relating  to  sill  departments  of  lahor  in  the  Territory  of 
Hawaii,  especially  in  I'elation  to  the  conunercial.  industrial,  social, 
educational,  and  sanitary  condition  of  the  laboring  classes,  and  to  all 
such  other  subjects  as  Congress  may,  by  law,  direct.  The  said  connnis- 
sioner  is  especially  chaiged  to  ascertain,  at  as  oai'iy  a  date  as  possible, 
and  as  often  thereaftei'  as  such  information  may  be  required,  the 
highest,  lowest,  and  average  number  of  employees  engaged  in  the 
various  industries  in  the  Territory,  to  be  classified  as  to  nativity,  sex, 
hours  of  labor,  and  conditions  of  emj)loyment.  and  to  I'eport  the  same 
to  Conirress. 


89S  Hawaii— 1900 

Al  DI'IOU    AND    DEI'l  TV    AlDITOi; 

8fX'.  77.  That  there  shall  be  an  auditor  and  deputy  auditor,  who 
shall  have  the  poAvers  and  duties  conferred  upon  and  required  of  the 
auditor-general  and  deputy  auditor-general,  respectively,  by  act 
thirty-nine  of  the  Session  Laws,  as  amended  by  this  Act,  subject  to 
modification  by  the  legislature.  Tn  said  act  "  office)'  "  shall  be  substi- 
tuted for  •'  ministei' ""  whei'e  used  without  otlier  designation. 

SI  K\  KYOi; 

Sec.  78.  That  there  shall  be  a  surveyor,  who  shall  have  the  powers 
and  duties  heretofore  attached  to  the  surveyor-general,  except  such  as 
relate  to  the  geodetic  survey  of  the  Hawaiian  Islands. 

HIGH    SHERIFF 

Sec.  70.  That  there  shall  be  a  high  sheriff  and  deputies,  who  shall 
have  the  powers  and  duties  of  the  marshal  and  deputies  of  the  Repub- 
lic of  Hawaii  under  the  laws  of  Hawaii,  except  as  changed  by  this 
Act,  and  subject  to  modification  by  the  legislature. 

ArPOINT]\rENT.   REMOVAL,   TENITRE.    AND    SALARIES    OF   OFI-'ICERS 

Sec.  80.  That  the  President  shall  nominate  and,  by  and  Avith  the 
advice  and  consent  of  the  Senate,  appoint  the  chief  justice  and 
justices  of  the  sujjreme  court,  the  judges  of  the  circuit  courts,  who 
shall  hold  their  respective  offices  for  the  term  of  four  years,  unless 
sooner  removed  by  the  President;  and  the  governor  shall  nominate 
and,  by  and  Avith  the  advice  and  consent  of  the  senate  of  the  Territory 
of  HaAvaii,  appoint  the  attorney-general,  treasurer,  commissioner  of 
public  lands,  commissioner  of  agriculture  and  forestry,  superintendent 
of  public  works,  superintendent  of  public  instruction,  auditor,  deputy 
auditor,  surA^eyor,  high  sheriff,  members  of  the  board  of  health,  com- 
missioners of  public  instruction,  board  of  prison  inspectors,  board  of 
registration  and  inspectors  of  election,  and  any  other  boards  of  a  pub- 
lic character  that  maA^  be  created  by  laAv ;  and  he  may  make  such 
appointments  Avhen  the  senate  is  not  in  session  l\y  granting  commis- 
sions, Avhicli  shall,  unless  such  appointments  are  confirmed,  expire  at 
the  end  of  the  next  session  of  the  senate.  He  may,  by  and  with  the 
advice  and  consent  of  the  senate  of  the  Territory  of  HaAvaii,  remove 
from  office  any  of  such  officers.  All  such  officers  shall  hold  office  for 
four  3^ears  and  until  their  successors  are  appointed  and  qualified, 
unless  sooner  removed,  except  the  commissioners  of  public  instruction 
and  the  members  of  said  boards,  Avhose  terms  of  office  shall  be  as 
provided  by  the  laws  of  the  Territory  of  HaAvaii. 

The  manner  of  appointment  and  reinoA\al  and  the  tenure  of  all 
other  officers  shall  be  as  provided  by  laAv ;  and  the  governor  may  ap- 
point or  remove  any  officer  whose  appointment  or  remoA^al  is  not 
otherAvise  proA^ided  for. 

The  salaries  of  all  officers  other  than  those  appointed  by  the  Presi- 
dent shall  be  as  provided  by  the  legislature,  but  tliose  of  the  chief 
justice  and  the  justices  of  the  supreme  court  and  judges  of  the  circuit 
courts  shall  not  be  diminished  durinof  their  term  of  office. 


Hawaii— 1900  899 

All  officers  appointed  under  the  provisions  of  this  section  shall  l)e 
citizens  of  the  Territory  of  Hawaii. 

All  persons  holding  office  in  the  Hawaiian  Islands  at  the  time  this 
Act  takes  effect  shall  continue  to  hold  their  respective  offices  until 
their  successors  are  appointed  and  qualified,  but  not  beyond  the  end 
of  the  first  session  of  the  senate  of  the  Territory  of  Hawaii  unless 
reappointed  as  herein  provided. 

ClIAl'TKi;     IV 
TIIK    .1  IDlCIAItV 

Sec.  81.  That  the  judicial  power  of  the  Territory  shall  be  vested  in 
one  supreme  court,  circuit  courts,  and  in  such  inferior  courts  as  the 
legislature  nuiy  from  time  to  time  establish.  And  until  the  legislature 
shall  otherwise  provide,  the  hiAvs  of  Hawaii  heretofore  in  force  con- 
cerning the  several  courts  and  their  jurisdiction  and  procedure  shall 
continue  in  force  except  as  herein  otherwise  provided. 

SIPRK.AIK    rOI  RT 

Sec.  82.  That  the  supreme  court  shall  consist  of  a  chief  justice  and 
two  associate  justices,  who  shall  be  citizens  of  the  Territory  of  Hawaii 
and  shall  be  appointed  by  the  President  of  the  United  States,  by  and 
with  the  advice  and  consent  of  the  Senate  of  the  United  States,  and 
may  be  removed  by  the  President:  Pro  rid  ed^  however^  That  in  case 
of  the  disqualification  or  absence  of  any  justice  thereof,  in  any  cause 
pending  before  the  court,  on  the  trial  and  determination  of  said  cause 
his  place  shall  be  filled  as  provided  by  law. 

LAWS    CONTINITED    IX    FORCE 

Sec.  8?).  That  the  laws  of  Hawaii  relative  to  the  judicial  depart- 
ment, including  civil  and  criminal  procedure,  except  as  amended  by 
this  Act,  are  continued  in  force,  subject  to  modification  by  Congress, 
or  the  legislature.  The  provisions  of  said  laws  or  any  laws  of  the 
Republic  of  Hawaii  which  require  juries  to  be  composed  of  aliens  or 
foreigners  only,  or  to  be  constituted  by  impaneling  natives  of  Hawaii 
only,  in  civil  and  criminal  cases  specified  in  said  laws,  are  repealed, 
and  all  juries  shall  hereafter  be  constituted  without  reference  to  the 
race  or  place  of  nativity  of  the  jurors;  but  no  person  Avho  is  not  a 
male  citizen  of  the  United  States  and  twenty-one  years  of  age  and  who 
can  not  understandingly  speak,  I'ead,  and  write  the  P^nglish  language 
shall  be  a  (jualified  juror  or  gi-and  juror  in  the  Territory  of  Hawaii. 
No  person  shall  be  convicted  in  any  criminal  case  except  by  unani- 
mouse  verdict  of  the  jury.  No  plaintiff  or  defendant  in  any  suit  or 
proceeding  in  a  court  of  the  Territory  of  Hawaii  shall  be  entitled  to 
a  trial  by  a  jury  impaneled  exclusively  from  persons  of  any  race. 
Until  othei'wise  provided  by  the  legislature  of  t]u»  Territory,  grand 
juries  may  be  drawn  in  the  mamu'r  ])rovi(led  by  the  Hawaiian  statutes 
foi"  draAving  petty  juries,  and  shall  sit  at  such  times  as  the  circuit 
judges  of  the  resj^ective  circuits  shall  direct;  the  inunber  of  grand 
jurors  in  each  circuit  shall  be  not  less  than  thirteen,  and  the  method 
of  the  presentation  of  cases  to  said  grand  juroi's  shall  be  ])i'es('i'ib(Ml 


900  lJawaii~lf)00 

by  the  supremo  court  of  the  Territory  of  Hawaii.  The  several  circuit 
courts  may  subpa'ua  witnesses  to  appear  before  the  grand  jury  in  like 
manner  as  they  subpoena  witnesses  to  ajjpear  before  their  respective 
courts. 

DISQUALIFICATION    BY    RELATIONSHIP,    I'LCUNIAKV    IXTKREST,    OR    PREVI- 
OUS   JUDGMENT 

Sec.  84.  That  no  person  shall  sit  as  a  judge  or  juror  in  any  case  in 
which  his  relative  by  affinity  or  b)'^  consanguinity  within  the  third 
degree  is  interested,  either  as  a  plaintiff  or  defendant,  or  in  the  issue 
of  which  the  said  judge  or  juror  may  have,  either  directly  or  through 
such  relative,  any  pecuniary  interest.  No  judge  shall  sit  on  an 
appeal,  or  new  trial,  in  au}^  case,  in  Avhich  he  may  have  given  a  previ- 
ous judgment. 

Chapter  V, — United  States  Officers 

DELEGATE    TO    CONGRESS 

Sec.  85.  That  a  Delegate  to  the  House  of  Representatives  of  the 
United  States,  to  serve  during  each  Congress,  shall  l)e  elected  by  the 
voters  qualified  to  vote  for  members  of  the  house  of  representatives  of 
the  legislature;  such  Delegate  shall  possess  the  qualifications  neces- 
sary for  membership  of  the  senate  of  the  legislature  of  Hawaii.  The 
times,  places,  and  manner  of  holding  elections  shall  be  as  fixed  by 
law.  The  person  having  the  greatest  number  of  votes  shall  be  de- 
clared by  the  governor  duly  elected,  and  a  certificate  shall  be  given 
accordingly.  P2very  such  Delegate  shall  have  a  seat  in  the  House  of 
Eepresentatives,  with  the  right  of  debate,  l)ut  not  of  voting. 

FEDERAL    COURT 

Sec.  86.  That  there  shall  be  established  in  said  Territoiy  a  district 
court  to  consist  of  one  judge,  Avho  shall  reside  therein  and  be  called 
the  district  jiulge.  The  President  of  the  United  States,  by  and  with 
the  advice  and  consent  of  the  Senate  of  the  United  States,  shall  ap- 
point a  district  judge,  a  district  attorney,  and  a  marshal  of  the  United 
States  for  the  said  district,  and  said  judge,  attorney,  and  marshal 
shall  hold  office  for  six  years  unless  sooner  removed  by  the  President. 
Said  court  shall  have,  in  addition  to  the  ordinary  jurisdiction  of 
district  courts  of  the  Ignited  States,  jurisdiction  of  all  cases  cognizable 
in  a  circuit  court  of  the  United  States,  and  shall  proceed  therein  in  the 
same  manner  as  a  circuit  court;  and  said  judge,  district  attorney,  and 
marslial  shall  have  and  exercise  in  the  Territory  of  Hawaii  all  the 
])OAvers  conferred  by  the  laws  of  the  United  States  upon  the  judges, 
district  attorne3'S,  and  marshals  of  district  and  circuit  couits  of  the 
United  States.  Writs  of  error  and  appeals  from  said  district  court 
shall  be  had  and  allowed  to  the  circuit  court  of  appeals  in  the  ninth 
judicial  circuit  in  the  same  manner  as  writs  of  error  and  ajjpeals  are 
alloAved  from  circuit  courts  to  circuit  courts  of  appeals  as  provided 
by  law,  and  the  laws  of  the  United  States  relating  to  juries  and  jury 
trials  shall  be  applicable  to  said  district  court.  The  laws  of  the 
Ignited  States  relating  to  appeals,  writs  of  error,  removal  of  causes, 
and  other  matters  and  proceedings  as  between  the  courts  of  ttie 
T'nited  States  and  the  courts  of  the  several  States  shall  <rovern  in 


TJnwaii—1900  901 

such  matters  and  proceedings  as  between  the  courts  of  the  United 
States  and  the  courts  of  the  Territory  of  Hawaii.  Regidar  terms  of 
said  court  shall  be  held  at  Honolulu  on  the  second  Monday  in  April 
and  October  and  at  Hilo  on  the  last  AVednesday  in  January  of  each 
year;  and  special  terms  may  be  held  at  such  times  and  i:)laces  in  said 
district  as  the  said  judge  may  deem  expedient.  The  said  district 
judge  shall  appoint  a  clerk  for  said  court  at  a  salary  of  thre?  thou- 
sand dollars  per  annum,  and  shall  appoint  a  reporter  of  said  court 
at  a  salary  of  twelve  hundred  dollars  i)er  annum. 

INTERNAL-REVENUE    DISTRICT 

Sec.  87.  That  the  Territory  of  Hawaii  shall  constitute  a  district  for 
the  collection  of  the  internal  revenue  of  the  United  States,  with  a  col- 
lector, whose  office  shall  be  at  Honolulu,  and  deputy  collectors  at  such 
other  places  in  the  several  islands  as  the  Secretary  of  the  Treasury 
shall  direct. 

CUSTOMS    DISTRICT 

Sec.  88.  That  the  Territory  of  TIawaii  shall  comprise  a  customs 
district  of  the  United  States,  with  ])orts  of  entry  and  delivery  at 
Honolulu,  Hilo,  Mahukona,  and  Kahuhii. 

C 1 1  A !•  PER    ^^ I. — -]\IlS(  EIJ.AN EOTTS 
KKVENTES    FKO.Af    AVHARVES 

Sec.  so.  That  until  further  provision  is  made  by  Congress  the 
wharves  and  landings  constructed  or  controlled  by  the  Republic  of 
Hawaii  on  any  seacoast,  bay,  roadstead,  or  harl)or  shall  remain  luider 
the  control  of  the  government  of  the  Territory  of  Hawaii,  which  shall 
receive  and  enjoy  all  revenues  derived  therefrom,  on  condition  that 
said  property  shall  be  kept  in  good  condition  for  the  use  and  conven- 
ience of  connnerce.  but  no  tolls  or  charges  shall  be  made  l)y  the  gov- 
ernment of  the  Territory  of  Hawaii  for  the  use  of  any  such  property 
by  the  Ignited  States,  or  by  any  vessel  of  war,  tug,  revenue  cutter,  or 
other  l)oat  or  transport  in  the  service  of  the  United  States. 

Sec.  00.  That  Hawaiian  postage  stamps.  ])()stal  cards,  and  stamped 
envelopes  at  the  j^ost-offices  of  the  Hawaiian  Islands  when  this  Act 
takes  effect  shall  not  be  sold,  but,  together  Avith  those  that  shall  there- 
aftei-  be  received  at  such  offices  as  herein  provided,  shall  be  canceled 
under  the  direction  of  the  Postmaster-General  of  the  United  States; 
those  previously  sold  and  uncanceled  shall,  if  ])resented  at  siu^h  offices 
within  six  uionths  after  this  Act  takes  effect,  be  received  at  their  facc^ 
value  iu  exchange  for  ])ostage  stamps,  postal  cards,  and  stauiped 
envelopes  of  the  United  States  of  the  same  aggregate  face  value  and. 
so  far  as  may  l)e,  of  such  denominations  as  desired. 

Sec.  01.  That  the  public  projx'rty  ceded  and  transferred  to  the 
United  States  by  the  l\epul)lic  of  Hawaii  under  the  joint  resolution 
of  annexaticm,  approved  July  seventh,  eighteen  hundred  and  ninety- 
eight,  shall  be  and  remain  in  the  possession,  use,  and  control  of  the 
government  of  the  Territoi-y  of  HaAvaii.  and  shall  be  maintained, 
managed,  and  cared  for  by  it.  at  its  own  expense,  until  otherwise 
provided  for  by  Congress,  or  taken  for  the  uses  and  purposes  of  the 
TTnited  States  bv  direction  of  the  Pi-esident  or  of  the  governor  of 


902  Hawaii— 1900 

Hawaii.  And  all  moneys  in  the  Hawaiian  treasnry.  and  all  the  reve- 
nues and  other  ])roi)erty  acquired  by  the  Ke])uhlic  of  Hawaii  since 
said  cession  shall  he  and  remain  the  i>i'oi)erty  of  tiie  Territory  of 
Hawaii. 

Sec.  92.  That  the  following  officers  shall  receive  the  followint; 
annual  salai'ies,  to  be  paid  by  the  United  States:  The  <iOvernor,  fiv(> 
thousand  dolhirs;  the  secretary  of  the  Tei-ritory.  three  thousand  dol- 
hii-s;  the  chief  justice  of  the  supreme  court  of  the  Ten'itory,  five 
thousand  five  hundred  dollars,  and  the  associate  justices  of  the 
supreme  court,  five  thousand  dollars  each,  and  the  judges  of  the  cir- 
cuit courts,  three  thousand  dollars  each.  The  salaries  of  the  said 
chief  justice  and  the  associate  justices  of  the  supreme  court,  and  the 
judges  of  the  circuit  courts  as  above  provided  shall  be  paid  by  the 
United  States;  the  United  States  district  judge,  five  thousand  dollars; 
the  United  States  marshal,  two  thousand  five  hundred  dollars;  the 
United  States  district  attorney,  three  thousand  dollars.  And  the 
governor  shall  receive  annually,  in  addition  to  his  salary,  the  sum  of 
five  hundred  dollars  for  stationery,  postage,  and  incidentals;  also  his 
traveling  expenses  while  absent  from  the  capital  on  official  business, 
and  the  simi  of  two  thousand  dollars  annually  for  his  private 
secretary. 

IMPORTS    FROM    HAWAII   INTO    THE    ITXITEO    STATES 

Sec.  03.  That  imports  from  any  of  the  HaAvaiian  Islands,  into  any 
State  or  any  other  Territory  of  the  United  States,  of  any  dutiable 
articles  not  the  groAvth,  production,  or  manufacture  of  said  islands, 
and  impoi'ted  into  them  from  any  foreign  country  after  July  seventh, 
eighteen  hundred  and  ninety-eight,  and  l)ef()re  this  Act  takes  effect, 
shall  pay  the  same  duties  that  are  imposed  on  the  same  articles  when 
imported  into  the  United  States  from  any  foreign  coiuitry. 

IXVf:STI(iATI()X    OF    FISHERIES 

Sec.  04.  That  the  Commissioner  of  Fish  and  Fisheries  of  the 
United  States  is  empowered  and  required  to  examine  into  the  entire 
subject  of  fisheries  and  the  laws  relating  to  the  fishing  rights  in  the 
Territory  of  Hawaii,  and  report  to  the  President  touching  the  same, 
and  to  recommend  such  changes  in  said  laws  as  he  shall  see  fit. 

REPEAL    OF    LAWS    CONFERRING    EXCLUSIVE    FISHIN(i    RIGHTS 

Sec.  05.  That  all  laws  of  the  Republic  of  Hawaii  which  confer 
exclusive  fishing  rights  upon  any  person  or  persons  are  hereby 
repealed,  and  all  fisheries  in  the  sea  waters  of  the  Territory  of  Hawaii 
not  included  in-any  fish  ])ond  or  artificial  inclosure  shall  be  free  to  all 
citizens  of  the  United  States,  subject,  however,  to  vested  rights:  but 
no  such  vested  right  shall  be  valid  after  three  years  from  the  taking 
effect  of  this  Act  unless  established  as  hereinafter  provided. 

PR()(KEDIN(iS    FOR    ()PFXIN(;    FISHERIES    TO    CITIZENS 

Sec.  OG.  That  any  person  who  claims  a  private  right  to  any  such 
fishery  shall,  within  two  years  after  th  taking  effect  of  this  Act.  file 
his  petition  in  a  circuit  court  of  the  Territory  of  JTawaii,  setting  forth 


Hawaii— 1900  903 

his  (-laiiii  U)  .such  fishing  right,  service  of  wliich  })etitioii  shall  be  luadc 
upon  the  attorney-general,  who  shall  conduct  the  case  for  the  Terri- 
tory, and  such  case  shall  be  conducted  as  an  ordinary  action  at  law. 

That  if  such  fishing  right  be  established,  the  attorney-general  of 
the  Territory  of  Hawaii  may  proceed,  in  such  manner  as  may  be 
provided  by  law  for  the  condemnation  of  property  for  public  use,  to 
condenui  such  private  right  of  fishing  to  the  use  of  the  citizens  of  the 
United  States  upon  making  just  compensation,  which  compensation, 
when  lawfully  ascertained,  shall  be  paid  out  of  any  money  in  the 
treasury  of  the  Territory  of  Hawaii  not  otherwise  appropriated. 

QUAKANTIXE 

Sec.  97.  That  quarantine  stations  shall  be  established  at  such  places 
in  the  Territory  of  Hawaii  as  the  Supervising  Surgeon-General  of  the 
Marine-Hospital  Service  of  the  United  States  shall  direct,  and  the 
quarantine  regulations  for  said  islands  relating  to  the  importation  of 
diseases  from  other  countries  shall  l)e  under  the  control  of  the  (lovern- 
ment  of  the  United  States.  The  quarantine  station  and  grounds  at 
the  harbor  of  Honolulu,  together  with  all  the  public  property  belong- 
ing to  that  service,  shall  be  transferred  to  the  Marine-Hospital  Service 
of  the  United  States,  and  said  quarantine  grounds  shall  continue  to 
be  so  used  and  employed  until  the  station  is  changed  to  other  grounds 
which  nuiy  be  selected  by  order  of  the  Secretary  of  the  Treasui-y. 

The  health  laws  of  the  government  of  Hawaii  relating  to  the  harbor 
of  Honolulu  and  other  harbors  aiul  inlets  from  the  sea  and  to  the 
internal  control  of  the  health  of  the  islantls  shall  remain  in  the  juris- 
diction of  the  government  of  the  Territory  of  Hawaii,  subject  to  the 
quarantine  laws  and  regulations  of  the  United  States. 

Sec.  98.  That  all  vessels  carrying  Hawaiian  registers  on  the  twelfth 
daj^  of  August,  eighteen  hundred  and  ninety-eight,  and  which  were 
owned  bona  fide  by  citizens  of  the  United  States,  or  the  citizens  of 
Hawaii,  together  with  the  following-named  vessels  claiming  Hawaiian 
register.  Star  of  France,  Euterpe,  Star  of  Kussia,  Falls  of  Clyde,  and 
AVilscott,  shall  be  entitled  to  be  registered  as  American  vessels,  with 
the  benefits  and  privileges  appertaining  thereto,  and  the  coasting 
trade  between  the  islands  aforesaid  and  any  other  portion  of  the 
United  States,  shall  be  regulated  in  accordance  Avith  the  provisions  of 
law  applicable  to  such  trade  between  any  two  great  coasting  districts. 

Sec.  99.  That  the  ])ortion  of  the  public  domain  heretofore  known  as 
Crown  land  is  heix^bv  declared  to  have  been,  on  the  twelfth  day  of 
August,  eighteen  hundred  aiul  niiu'ty-eight.  and  jirior  thereto,  the 
projoerty  of  the  Hawaiian  government,  and  to  be  free  and  clear  from 
any  trust  of  or  concerning  the  same,  and  from  all  claim  of  any  nature 
whatsoever,  upon  the  rents,  issues,  and  profits  thereof.  It  shall  be 
subject  to  alienation  and  other  uses  as  may  be  j^rovided  by  law. 

Sec.  100.  That  for  the  purposes  of  naturalization  under  the  laws  of 
the  United  States  residence  in  the  Hawaiian  Islands  prior  to  the  tak- 
ing effect  of  this  Act  shall  be  deemed  e(|uivaleiit  to  ivsidence  in  the 
United  States  and  in  the  Territory  of  Hawaii,  and  the  re(|uirement  of 
a  previous  declaration  of  intention  to  become  a  citizen  of  the  United 
States  and  to  renounce  former  allegiance  shall  not  a]:)ply  to  persons 
who  have  resided  in  said  islands  at  least  five  yeai's  prior  to  the  taking 
effect  of  this  Act :  but  all  other  provisions  of  the  laws  of  the  United 


DOl  HaLvaii-L'JOO 

States  relating-  to  naturalization  shall,  so  far  as  aj)plicable,  apply  to 
persons  in  the  said  islands. 

Sec.  101.  That  Chinese  in  the  Hawaiian  Islands  when  this  Act 
takes  effect  nia}''  within  one  year  thereafter  obtain  certificates  of  resi- 
dence as  required  by  "An  Act  to  j^rohibit  the  coming  of  Chinese  per- 
sons into  the  United  States,"  approved  May  fifth,  eighteen  hundred 
and  ninety-two,  as  amended  by  an  Act  approved  November  third, 
eighteen  hundred  and  ninety-three,  entitled  "An  Act  to  amend  an 
Act  entitled  'An  Act  to  prohibit  the  coming  of  Chinese  persons  into 
the  United  States,'  approved  May  fifth,  eighteen  hundred  and  ninety- 
two,"  and  until  the  expiration  of  said  year  shall  not  be  deemed  to  be 
unlawfully  in  the  United  States  if  found  therein  without  such  cer- 
tificates: Proridcd,  however ,  That  no  Chinese  laborer,  Avhether  he 
shall  hold  such  certificate  or  not,  shall  be  allowed  to  enter  any  State, 
Territory,  or  District  of  the  United  States  from  the  Hawaiian 
Islands. 

Sec.  102.  That  the  laws  of  Hawaii  relating  to  the  establishment 
and  conduct  of  any  postal  savings  bank  or  institution  are  hereby 
abolished.  And  the  Secretary  of  the  Treasury,  in  the  execution  of 
the  agreement  of  the  United  States  as  expressed  in  an  Act  entitled 
"Joint  Resolution  to  provide  for  annexing  the  Hawaiian  Islands  to 
the  United  States,"  approved  July  seventh,  eighteen  hundred  and 
ninety-eight,  shall  pay  the  amounts  on  deposit  in  the  Hawaiian  Postal 
Savings  Bank  to  the  persons  entitled  thereto,  according  to  their 
respective  rights,  and  he  shall  make  all  needful  orders,  rules,  and 
regulations  for  paying  such  persons  and  for  notifying  such  persons  to 
present  their  demands  for  payment.  So  much  money  as  is  necessary 
to  pay  said  demands  is  hereby  appropriated  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated,  to  be  available  on  and  after  the 
first  day  of  July,  nineteen  hundred,  Avhen  such  payments  shall 
begin,  and  none  of  said  demands  shall  bear  interest  after  said  date, 
and  no  deposit  shall  be  made  in  said  bank  after  said  date.  Said 
demands  of  such  persons  shall  be  certified  to  by  the  chief  executive  of 
Hawaii  as  being  genuine  and  due  to  the  persons  presenting  the  same, 
and  his  certificate  shall  be  sealed  Avith  the  official  seal  of  the  Terri- 
tory, and  countersigned  by  its  secretary,  and  shall  be  approved  by 
the  Secretary  of  the  Interior,  who  shall  draAV  his  warrant  for  the 
amount  due  upon  the  Treasurer  of  the  TTnited  States,  and  when  the 
same  are  so  paid  no  further  lial)ilities  shall  exist  in  respect  of  the 
same  against  the  governments  of  the  United  States  or  of  Hawaii. 

Sec.  108.  That  any  money  of  the  Plawaiian  Postal  Savings  Bank 
that  shall  remain  unpaid  to  the  persons  entitled  thereto  on  the  first 
day  of  July,  nineteen  hundred  and  one,  and  any  assets  of  said  bank 
shall  l)e  turned  over  by  the  government  of  Hawaii  to  the  Treasui'er 
of  the  United  States,  and  the  Secretary  of  the  Treasury  shall  cause 
an  account  to  l)e  stated,  as  of  said  date,  between  such  government  of 
Hawaii  and  the  United  States  in  respect  to  said  Hawaiian  Postal 
Savings  Bank. 

Sec.  104.  This  Act  shall  take  effect  forty-five  days  from  and  after 
the  date  of  the  approval  thereof,  excepting  only  as  to  section  fifty-two, 
relating  to  appropriations,  which  shall  take  effect  upon  such  approval. 

Approved,  April  30,  1900. 


IDAHO. 


For  organic  acts  issued  I)(4'oro  1SH3  rclatiiii,'  to  tlu»  land  now  indndt'd  williin 
Idalio  see  in  this  work  : 

Convention  with  Great  Britain.  181S  (Oregon,  p.  2'.)S:{). 
Convention  with  Russia,  1824  (Oregon,  p.  2983). 
Treaty  with  Great  Britain,  1,S4(*!   (Oregon,  p.  2$)85). 
Territorial  (iovernnient  of  Oregon.  1848  (Oregon,  p.  2S)8G). 
Territorial  Government  of  Washington,  1853    (Washington.  ]>.  .■;!»(!.■;). 


TEMPORARY  GOVERNMENT  FOR  IDAHO— 1863  " 

I  Thirty-skve.xth  Congress.  Third  Session] 

An  Act  to  pnnide  a  temporary  government  for  the  Territory  of  Idaho 

Be  It  enacted  Ijy  the  Senate  and  House  of  Representatives  of  the 
V nlted  States  of  America  in  Comjress  assemhled^  That  all  that  parr 
of  the  territory  of  the  United  States  included  Avithin  the  following 
limits,  to  wit:  Beginning  at  a  point  in  the  middle  channel  of  the 
Snake  River  where  the  northern  boimdarv  of  Oregon  intersects  the 
same;  then  follow  down  said  channel  of  Snake  River  to  a  point 
opposite  the  mouth  of  the  Kooskooskia.  or  Clear  AVater  River; 
ihence  due  north  to  the  forty-ninth  parallel  of  latitude;  thence  east 
along  said  parallel  to  the  twenty-seventh  degree  of  longitude  west  of 
Washington ;  thence  south  along  said  degree  of  longitude  to  the 
northern  boundary  of  Colorado  Territory;  thence  west  along  said 
boundary  to  the  thirty-third  degree  of  longitude  west  of  AVashington  ; 
thence  north  along  said  degree  to  the  forty-second  i)arallel  of  lati- 
tude; thence  Avest  along  said  parallel  to  the  eastern  l)oundary  of  the 
State  of  Oregon;  thence  north  along  said  boundary  to  place  of 
beginning.  And  the  same  is  herelw  created  into  a  temporary  gov- 
ernment, by  the  name  of  the  Territory  of  Idaho:  Pro  ruled.  That 

«  For  other  statutes  of  an  organic  nature  relating  to  Idaho  suhseciueut  to 
18(J3  see  the  act  to  provide  for  rc^apportionmeut  of  representatives.  June  20.  18(U: 
to  regulate  elective  franchise  in.  .January  25,  1807;  to  prohii)it  spet-ial  acts  of 
incorporation.  ^Nlarch  2.  ISCT:  to  reapportion  Territory  for  .iudi«-ial  jiurixisos, 
and  to  regulate  sessions  of  legislative  assembly  and  elections  and  terms  of 
memliers,  .March  2.  IStJT;  to  regulate  elections  in,  ;\Iarch  :!.  1S(iO;  to  rei)e;il  law 
of  taxing  persons  of  Mongolian  race  engaged  in  mining.  July  in,  1870;  to 
enlarge  jurisdiction  of  jiroliate  courts  in,  December  i:{,  1870:  to  regulate  elec- 
tions in.  May  J).  1872;  to  impower  legislature  to  pass  general  laws  for  the  incor- 
I)oration  of  certain  companies.  June  10,  1872;  to  limit  the  duration  of  legislative 
sessions  and  to  fix  the  pay  of  members.  January  2.'>.  1873;  to  tix  number  of  mem- 
bers and  compensation  of  each  house  of  legislature.  June  10.  1878.  June  27, 
187!);  to  reai)i)ortion  members  of  legisl.-iture.  June  3.  1880;  to  limit  legislature's 
power  to  ])ass  special  acts  of  incorimr.-ition.  .M;irch  :'>.  188.";  to  prohibit  various 
tonus  of  special  legislation.  Julv  30.  188(; ;  to  permit  erection  of  counties,  July 
19:  188S. 

905 


906  l<l(ih()—18()S 

iiotliiiif^"  in  this  act  contained  sludl  be  (•on.slnu'd  lo  inhibit  the  (iov- 
ernment  of  the  United  States  from  dividing  said  Territory  or  chang- 
ing its  bonndaries  in  such  manner  and  at  such  time  as  Congress  shall 
deem  convenient  and  proper,  or  from  attaching  any  portion  of  said 
Territory  to  any  other  state  or  territory  of  the  United  States:  Pro- 
ri(Jr(h  fxrtJicr^  That  nothing  in  this  act  contained  shall  l)e  construed 
to  im])air  the  rights  of  person  or  property  now  pertaining  to  the 
Indians  in  said  Territory,  so  long  as  such  rights  shall  remain  unex- 
tinguished by  treaty  between  the  United  States  and  such  Indians,  or 
to  include  and  territory  Avhich^  by  treaty  with  any  Indian  tribes,  is  not 
without  the  consent  of  said  tribe  to  be  included  within  the  terri- 
torial limits  or  jurisdiction  of  any  state  or  territory;  but  all  such 
territory  shall  be  excepted  out  of  the  boundaries,  and  constitute  no 
part  of  the  Territory  of  Idaho,  until  said  tril)e  shall  signify  their 
assent  to  the  President  of  the  United  States  to  be  included  wdthin  said 
Territory,  or  to  atfect  the  authority  of  the  Government  of  the  Ignited 
States  to  make  any  regulations  respecting  such  Indians,  their  lands, 
property,  or  other  rights,  by  treaty,  law,  or  otherwise,  which  it  woukl 
have  been  competent  for  the  Government  to  make  if  this  act  had  never 
passed. 

Sec.  2.  And  he  it  fuvtlier  enacted.,  That  the  executive  power  and 
authority  in  and  over  said  Territory  of  Idaho  shall  be  vested  in  a 
governor,  who  shall  hold  his  office  for  four  years,  and  until  his  suc- 
cessor shall  be  appointed  and  qualified,  unless  sooner  removed  by  the 
President  of  the  United  States.  The  governor  shall  reside  within 
said  Territor}',  and  shall  be  commander-in-chief  of  the  militia,  and 
superintendent  of  Indian  affairs  thereof.  He  may  grant  pardons  and 
respites  for  offences  against  the  laws  of  said  Territory,  and  reprieve 
for  offences  against  the  laws  of  the  United  States  until  the  decision 
of  the  President  of  the  United  States  can  be  made  known  thereon ; 
he  shall  connnission  all  officers  who  shall  be  appointed  to  office  under 
the  laws  of  the  said  Territory,  and  shall  take  care  that  the  laws  be 
faithfully  executed. 

Sec.  3.  And  he  it  further  enacted^  That  there  shall  be  a  secretary 
of  said  Territory,  who  shall  reside  therein,  and  shall  hold  his  office 
for  four  years,  unless  sooner  removed  by  the  President  of  the  United 
States;  he  shall  record  and  preserve  all  laws  and  proceedings  of  the 
legislative  assembly  hereinafter  constituted,  and  all  the  acts  and  pro- 
ceedings of  the  governor  in  his  executive  department ;  he  shall  trans- 
mit one  copy  of  the  laws  and  journals  of  the  legislative  assembly 
within  thirt}^  days  after  the  end  of  each  session,  and  one  copy  of  the 
executive  proceedings  and  official  correspondence  semiannually,  on 
the  first  days  of  January  and  July  in  each  year,  to  the  President  of 
the  United  States,  and  two  copies  of  the  laws  to  the  President  of  the 
Senate  of  the  United  States,  and  two  copies  of  the  laws  to  the  Presi- 
dent of  the  Senate  and  to  the  Speaker  of  the  House  of  Representatives 
for  the  use  of  Congress;  and  in  case  of  the  death,  removal,  resigna- 
tion, or  absence  of  the  governor  from  the  Territory,  the  secretary 
shall  be,  and  he  is  hereby,  authorized  and  required  to  execute  and 
perform  all  the  poAvers  and  duties  of  the  governor  during  such 
A^acancy  or  absence,  or  mitil  another  governor  shall  be  duly  appointed 
and  qualified  to  fill  such  vacancy. 


Idaho— 1863  907 

Sec.  4.  And  he  it  farther  enacted^  That  the  legislative  power  and 
authority  of  said  Territory  shall  be  vested  in  the  governor  and  a 
legislative  assembly.  The  legislative  assembly  shall  consist  of  a  coun- 
cil and  house  of  representatives.  The  council  shall  consist  of  seven 
members  having  the  qualifications  of  voters  as  hereinafter  prescribed, 
whose  term  of  service  shall  continue  two  years.  The  house  of  repre- 
sentatives shall,  at  its  first  session,  consist  of  thirteen  members  pos- 
sessing the  same  qualifications  as  prescrilied  for  the  members  of  the 
council,  and  whose  term  of  service  shall  continue  one  year.  The  mim- 
ber  of  representatives  may  be  increased  by  the  legislative  assembly, 
from  time  to  time,  to  twenty-six,  in  proportion  to  the  increase  of 
qualified  voters;  and  the  council,  in  like  manner,  to  thirteen.  An 
apportionment  shall  be  made  as  nearly  equal  as  practicable  among 
the  several  counties  or  districts  for  the  election  of  the  council  and 
representatives,  giving  to  each  section  of  the  Territory  representation 
in  the  ratio  of  its  qualified  voters  as  nearly  as  may  be.  And  the  mem- 
bers of  the  council  and  of  the  house  of  representatives  shall  reside  in, 
and  be  inhabitants  of,  the  district  or  county,  or  counties,  for  which 
they  may  be  elected  respectively.  Previous  to  the  first  election,  the 
governor  shall  cause  a  census  or  enumeration  of  the  inhabitants  and 
qualified  voters  of  the  several  counties  and  districts  of  the  Territory 
to  be  taken  by  such  persons  and  in  such  mode  as  the  governor  shall 
designate  and  api)oint,  and  the 'persons  so  appointed  shall  receive  a 
reasonable  com])ensation  therefor.  And  the  first  election  shall  be 
held  at  such  time  and  places,  and  be  conducted  in  such  manner  both 
as  to  the  persons  who  shall  superintend  such  elections  and  the  returns 
thereof,  as  the  governor  shall  appoint  and  direct ;  and  he  shall,  at 
the  same  time,  declare  the  number  of  members  of  the  council  and 
house  of  representatives  to  which  each  of  the  counties  or  districts 
shall  be  entitled  under  this  act.  The  persons  having  the  highest 
number  of  legal  votes  in  each  of  said  council  districts  for  members 
of  the  council  shall  be  declared  by  the  governor  to  be  duly  elected  to 
the  council ;  and  the  persons  having  the  highest  number  of  legal  votes 
for  the  house  of  representatives  shall  be  declared  by  the  governor  to 
be  duly  elected  members  of  said  house:  Provided^  That  in  case  two 
or  more  persons  voted  for  shall  have  an  equal  number  of  votes,  and 
in  case  a  vacancy  shall  otherwise  occur  in  either  branch  of  the  legis- 
lative assembly,  the  governor  shall  order  a  new  election;  and  the 
persons  thus  ek'cted  to  the  legislative  assembly  shall  meet  at  such 
place  and  on  such  day  as  the  governor  shall  appoint;  l)ut  thereafter 
the  time,  place,  and  manner  of  holding  and  conducting  all  elections 
by  the  peojile,  and  the  apportioning  the  representation  to  the  several 
counties  or  districts  to  the  council  and  the  house  of  representatives, 
according  to  the  number  of  qualified  voters,  shall  be  prescribed  by 
law,  as  Avell  as  the  day  of  the  commencement  of  the  regular  sessions 
of  the  legislative  assembly:  Prorided,  That  no  session  in  any  one 
year  shall  exceed  the  term  of  forty  days,  exce])t  the  first  session, 
which  may  continue  sixty  days. 

Sec.  5.  And  he   it  further  evaeted^   That  every   free   white   male 

inhabitant  alcove  the  age  of  twenty-one  years,  Avho  shall  have  been  an 

actual  resident  of  said  Territory  at  the  time  of  the  })assage  of  this  act, 

shall  be  entitled  to  vote  at  the  first  election,  and  shall  be  eligible  to 

7252— VOL  2—07 3 


908  Idaho— 1863 

any  office  within  the  said  Territory;  but  the  qualification  of  voters, 
and  of  holding  office,  at  all  subsequent  elections,  shall  be  such  as  shall 
be  prescribed  by  the  legislative  assembly. 

Sec.  C).  .liid  he  it  fin'ther  enacted,  That  the  legislative  power  of  the 
Territory  shall  extend  to  all  rightful  subjects  of  legislation  consistent 
with  the  Constitution  of  the  United  States  and  the  provisions  of  this 
act;  but  no  law  shall  be  passed  interfering  Avith  the  primary  disposal 
of  the  soil;  no  tax  shall  be  imposed  upon  the  property  of  the  United 
States,  nor  shall  the  lands  or  other  property  of  non-residents  be  taxed 
higher  than  the  lands  or  other  property  of  residents.  Every  bill 
which  shall  have  j^assed  the  council  and  house  of  representatives  of 
the  said  Territory  shall,  Jbefore  it  becomes  a  law,  be  presented  to  the 
governor  of  the  Territory ;  if  he  approve,  he  shall  sign  it ;  but  if  not, 
he  shall  return  it,  with  his  objections,  to  the  house  in  which  it  origi- 
nated, who  shall  enter  the  objections  at  large  upon  their  journal  and 
proceed  to  reconsider  it.  If,  after  such  reconsideration,  tAvo-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  recon- 
sidered ;  and  if  approved  by  two-thirds  of  that  house,  it  shall  become 
a  law.  But  in  all  such  cases  the  votes  of  both  houses  shall  be  deter- 
mined by  yeas  and  nays,  to  be  entered  on  the  journal  of  each  house 
respectively.  If  any  bill  shall  not  be  returned  by  the  governor  within 
three  days  (Sunday  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  assembly,  by  adjournment,  prevent  its  return;  in  which 
case  it  shall  not  be  a  law:  Provided,  That  Avhereas  slavery  is  prohib- 
ited in  said  territory  by  act  of  Congress  of  June  nineteenth,  eighteen 
hundred  and  sixty-two,  nothing  herein  contained  shall  be  construed 
to  authorize  or  permit  its  existence  therein. 

Sec.  T.  And  he  it  fnrther  enacted,  That  all  township,  district,  and 
county  officers,  not  herein  otherwise  provided  for,  shall  be  appointed 
or  elected,  as  the  case  may  be,  in  such  manner  as  shall  be  provided  by 
the  governor  and  legislative  assembly  of  the  Territory  of  Idaho.  The 
governor  shall  nominate,  and  by  and  with  the  advice  and  consent  of 
the  legislative  council,  appoint  all  officers  not  herein  otherwise  pro- 
vided for;  and  in  the  first  instance  the  governor  alone  may  appoint 
all  said  officers,  who  shall  hold  their  offices  until  the  end  of  the  first 
session  of  the  legislative  assembly,  and  shall  lay  off  the  necessary  dis- 
tricts for  members  of  the  council  and  house  of  representatives,  and 
all  other  officers. 

Sec.  8.  And  he  it  further  enacted.  That  no  member  of  the  legisla- 
tive assembly  shall  hold  or  be  appointed  to  any  office  which  shall  have 
been  created,  or  the  salary  or  emoluments  shall  have  been  increased, 
while  he  was  a  member,  during  the  term  for  which  he  was  elected, 
and  for  one  year  after  the  expiration  of  such  term.  But  this  restric- 
tion shall  not  be  applicable  to  members  of  the  first  legislative  assem- 
bly: and  no  person  holding  a  commission  or  appointment  under  the 
United  States,  except  postmasters,  shall  be  a  member  of  the  legisla- 
tive assembly,  or  shall  hold  any  office  under  the  government  of  said 
Territory. 

Sec.  9.  A^^d  he  it  further  enacted,  That  the  judicial  power  of  said 
territory  shall  be  vested  in  a  supreme  court,  district  courts,  probate 
courts,  and  in  justices  of  tlie  peace.     The  supreme  court  shall  consist 


Idaho— 1863  909 

of  a  chief  justice  and  two  associate  justices,  any  two  of  whom  shall 
constitute  a  quorum,  and  who  shall  hold  a  term  at  the  seat  of  govern- 
ment of  said  Territory  annually;  and  they  shall  hold  their  offices  dur- 
ing the  period  of  four  years,  and  until  their  successors  shall  be 
appointed  and  qualified.  The  said  Territory  shall  be  divided  into 
three  judicial  districts,  and  a  district  court  shall  be  held  in  each  of 
said  districts  by  one  of  the  justices  of  the  supreme  court  at  such  times 
and  i)laces  as  may  be  prescribed  by  law;  and  the  said  judges  shall, 
after  their  appointments,  respectively,  reside  in  the  districts  which 
shall  be  assigned  them.  The  jurisdiction  of  the  several  courts  herein 
provided  for,  both  aj^pellate  and  original,  and  that  of  prol)ate  courts 
and  of  justices  of  the  peace,  shall  be  limited  by  law:  Prorklcd^  That 
justices  of  the  peace  shall  not  have  jurisdiction  of  any  matter  in  con- 
troversy when  the  title  or  boundaries  of  land  may  be  in  dispute,  or 
where  the  debt  or  sum  claimed  shall  exceed  one  hundr<>d  dollars;  and 
the  said  supreme  and  district  courts,  resj)ectively,  shall  possess  chan- 
cery as  Avell  as  common  law  jurisdiction.  Each  district  court,  or  the 
judge  thereof,  shall  appoint  its  clerk,  who  shall  also  be  the  register  in 
chancery,  and  shall  keep  his  office  at  the  place  where  the  court  may  be 
held.  AVrits  of  error,  bills  of  exceptions,  and  appeals,  shall  be 
allowed  in  all  cases  from  the  final  decisions  of  said  district  courts  to 
the  su])reme  court,  under  such  regulations,  as  may  be  prescribed  by 
law.  The  supreme  court,  or  the  justices  thereof,  shall  appoint  its 
own  clerk,  and  ever}^  clerk  shall  hold  his  office  at  the  pleasure  of  the 
court  for  whidi  he  shall  have  been  ajipointed.  Writs  of  error  and 
appeals  from  the  final  decision  of  said  supreme  court  shall  be  allowed, 
and  may  be  taken  to  the  supreme  court  of  the  United  States  in  the 
same  manner  and  under  the  same  regulations  as  from  the  circuit 
courts  of  the  ITnited  States,  where  the  value  of  the  property  or  the 
amount  in  controversy,  to  be  ascertained  by  the  oath  or  affirmation  of 
either  party,  or  other  competent  witnesses,  shall  exceed  one  thousand 
dollars,  except  that  a  writ  of  error  or  appeal  shall  be  allowed  to  the 
supreme  court  of  the  United  States  from  the  decision  of  the  said 
supreme  court  created  by  this  act,  or  of  any  judge  thereof,  or  of  the 
district  courts  created  by  this  act,  or  of  any  judge  thereof,  upon  any 
writs  of  habeas  cor])us  involving  the  question  of  personal  freedom. 
And  each  of  the  said  district  courts  shall  have  and  exercise  the  same 
jurisdiction,  in  all  cases  arising  under  the  Constitution  and  laws  of 
the  United  States,  as  is  vested  in  the  circuit  and  district  courts  of  the 
United  States;  and  the  first  six  days  of  every  term  of  said  courts,  or 
so  much  thereof  as  shall  be  necessary,  shall  be  appropriated  to  the 
(rial  of  causes  arising  mider  the  said  Constitution  and  laws;  and  writs 
of  error  and  appeal  in  all  such  cases  shall  be  made  to  the  supreme 
court  of  said  Territory,  the  same  as  in  other  cases.  The  said  clerk 
shall  receive,  in  all  such  cases,  the  same  fees  which  the  clerks  of  the 
district  courts  of  Washington  Territoi-y  now  receive  for  similar 
services. 

Sec.  10.  And  he  it  further  enacted.  That  there  shall  l)e  appointed 
an  attorney  for  said  territory,  who  shall  continue  in  office  four  years, 
and  until  his  successor  shall  be  appointed  and  qualified,  unless  sooner 
removed  by  the  President  of  the  ITnited  vStates,  and  who  shall  receive 
the  same  fees  and  salary  as  the  attorney  of  the  United  States  foi-  the 
})resent  Territory  of  Washington.     There  shall  also  be  a  marslial  for 


910  Idaho— 1863 

the  Territory  appointed,  Avho  shall  hold  his  office  for  four  3'ears,  and 
initil  his  successor  shall  be  appointed  and  qualified,  unless  sooner 
removed  by  the  President  of  the  United  States,  and  who  shall  execute 
all  processes  issuing  from  the  said  courts  when  exercising  their  juris- 
diction as  circuit  and  district  courts  of  the  United  States;  he  shall 
perform  the  duties,  be  subject  to  the  same  regulations  and  penalties, 
and  be  entitled  to  the  same  fees  as  the  marshal  of  the  district  court 
of  the  United  States  for  the  present  Territory  of  Washington,  and 
shall,  in  addition,  be  paid  two  hundred  dollars  annually  as  a  compen- 
sation for  extra  services. 

Sec.  11.  Ajid  he  it  further  enacted..  That  the  governor,  secretary, 
chief  justice,  and  associate  justices,  attorney,  and  marshal,  shall  be 
appointed  by  the  President  of  the  United  States,  by  and  with  the 
advice  and  consent  of  the  Senate.  The  governor  and  secretary  to  be 
appointed  as  aforesaid,  shall,  before  they  act  as  such,  respectively, 
take  an  oath  or  affirmation  before  the  district  judge  or  some  justice 
of  the  peace  in  the  limits  of  said  Territory  duly  authorized  to  admin- 
ister oaths  and  affirmations  by  the  laws  now  in  force  therein,  or  before 
the  chief  justice  or  some  associate  justice  of  the  supreme  court  of  the 
United  States,  to  support  the  Constitution  of  the  United  States,  and 
faithfully  to  discharge  the  duties  of  their  respective  offices,  which  said 
oaths,  when  so  taken,  shall  be  certified  by  the  person  by  whom  the 
same  shall  have  been  taken ;  and  such  certificates  shall  be  received  and 
recorded  by  the  said  secretary  among  the  executive  proceedings;  and 
the  chief  justice  and  the  associate  justices,  and  all  civil  officers  in  said 
Territory,  before  they  act  as  such,  shall  take  a  like  oath  or  affirmation 
before  the  said  governor  or  secretary,  or  some  judge  or  justice  of  the 
peace  of  the  Territory,  who  may  be  duly  commissioned  and  qualified, 
which  said  oath  or  affirmation  shall  be  certified  and  transmitted  by 
the  person  taking  the  same  to  the  secretary,  to  be  by  him  recorded  as 
aforesaid;  and  afterwards  the  like  oath  or  affirmation  shall  be  taken, 
certified,  and  recorded  in  such  manner  and  form  as  may  be  i^rescribed 
by  law.  The  governor  shall  receive  an  annual  salary  of  two  thou- 
sand five  hundred  dollars,  the  chief  justice  and  associate  justices  shall 
receive  an  annual  salary  of  two  thousand  five  hundred  dollars,  the 
secretary  shall  receive  an  annual  salary  of  two  thousand  dollars:  the 
said  salaries  shall  be  paid  quarter-yearly,  from  the  dates  of  the  re- 
spective appointments,  at  the  treasury  of  the  United  States;  but  no 
payment  shall  be  made  until  said  officers  shall  have  entered  upon  the 
duties  of  their  respective  appointments.  The  members  of  the  legis- 
lative assembly  shall  be  entitled  to  receive  four  dollars  each  per  day, 
during  their  attendance  at  the  sessions  thereof,  and  four  dollars  each 
for  every  twenty  miles"  travel  in  going  to  and  returning  fnmi  said 
sessions,  estimated  according  to  the  nearest  usually  travelled  route, 
and  an  additional  allowance  of  four  dollars  per  day  shall  be  paid  to 
the  i^residing  officer  of  each  house  for  each  day  he  shall  so  preside. 
And  a  chief  clerk,  one  assistant  clerk,  one  engrossing  and  one  enroll- 
ing clerk,  a  sergeant-at-arms  and  doorkeeper  may  be  chosen  for  each 
house ;  and  the  chief  clerk  shall  receive  four  dollars  per  day.  and  the 
said  other  officers  three  dollars  per  day,  during  the  session  of  the 
legislative  assembly ;  l)ut  no  other  officers  shall  be  paid  by  the  Ignited 
States:  Provided.  That  there  shall  be  but  one  session  of  the  legislative 


Idaho— 1863  911 

assembly  annually,  unless,  on  an  extraordinary  occasion,  the  governor 
shall  think  i)roper  to  call  the  legislative  asseml^ly  together.  There 
shall  be  appropriated  annually  the  usual  sum  to  be  expended  by  the 
governor  to  defray  the  contingent  expenses  of  the  Territory,  includ- 
ing the  salary  of  the  clerk  of  the  executive  department ;  and  there 
shall  also  be  appropriated  annually  a  sufficient  sum,  to  be  expended 
by  the  secretary  of  the  Territory,  and  upon  an  estimate  to  be  made  by 
the  Secretary  of  the  Treasury  of  the  United  States,  to  defra}'  the 
expenses  of  the  legislative  assembly,  the  printing  of  the  laws,  and 
other  incidental  expenses;  and  the  governor  and  secretary  of  the  Ter- 
ritory shall,  in  the  disbursement  of  all  moneys  intrusted  to  them,  be 
governed  solely  by  the  instructions  of  the  Secretary  of  the  Treasur}' 
of  the  United  States,  and  shall,  semi-annually,  account  to  the  said 
Secretary  for  the  manner  in  which  the  aforesaid  moneys  shall  have 
been  expended ;  and  no  expenditure  shall  be  made  by  said  legislative 
assemlily  for  objects  not  specially  authorized  by  the  acts  of  Congress 
making  the  appropriations,  nor  beyond  the  sums  thus  appropriated 
for  such  objects. 

Sec.  12.  And  he  it  further  enacted^  That  the  legislative  assembly  of 
the  Territory  of  Idaho  shall  hold  its  first  session  at  such  time  and 
place  in  said  Territory  as  the  governor  thereof  shall  appoint  and 
direct;  and  at  said  first  session,  or  as  soon  thereafter  as  they  shall 
deem  expedient,  the  governor  and  legislative  assembly  shall  proceed 
to  locate  and  establish  the  seat  of  government  for  said  Territory  at 
such  place  as  they  may  deem  eligible:  Provided^  That  the  seat  of 
government  fixed  by  the  governor  and  legislative  assembly  shall  not 
be  at  any  time  changed,  except  by  an  act  of  the  said  assembly  duly 
passed,  and  which  shall  be  approved,  after  due  notice,  at  the  first 
general  election  thereafter,  by  a  majority  of  the  legal  votes  cast  on 
that  question. 

Sec.  13.  And  he  it  further  enacted^  That  a  delegate  to  the  House  of 
Representatives  of  the  United  States,  to  serve  for  the  term  of  two 
years,  who  shall  be  a  citizen  of  the  United  States,  may  be  elected  by 
the  voters  qualified  to  elect  members  of  the  legislative  asseml)ly,  who 
shall  be  entitled  to  the  same  rights  and  privileges  as  are  exercised  and 
enjoyed  by  the  delegates  from  the  several  other  territories  of  the 
United  States  to  the  said  House  of  Representatives;  but  the  delegate 
first  elected  shall  hold  his  seat  only  during  the  term  of  the  Congress 
to  which  he  shall  be  elected.  The  first  election  shall  be  held  at  such 
time  and  places,  and  be  conducted  in  such  manner  as  the  governor 
shall  appoint  and  direct;  and  at  all  subsequent  elections  the  times, 
places,  and  manner  of  holding  the  elections  shall  be  ])resc'ribed  by  law. 
The  person  having  the  greatest  numl)er  of  legal  votes  shall  be  declared 
by  the  governor  to  be  duly  elected,  and  a  certificate  thereof  shall  be 
given  accordingly.  That  the  Constitution  and  all  laws  of  the  United 
States  which  are  not  locally  inapplicable  shall  have  the  same  force 
and  effect  within  the  said  Territorv  of  Idaho  as  elsewhere  within  the 
United  States. 

Sec.  14.  And  he  it  further  enacted^  That  when  the  lands  in  the  said 
Territory  shall  be  surveyed,  under  the  direction  of  the  government  of 
the  United  States,  prejiaratory  to  bi-inging  the  same  into  market, 
sections  numbered  sixteen  ancl  thirty-six  in  each  township  in  said 


912  Idaho— 1864 

territory  shall  be,  and  the  same  are  hereby,  reserved  for  the  purpose 
of  being  ap})lied  to  schools  in  said  Territory,  and  in  the  states  and 
territories  hereafter  to  be  erected  out  of  the  same. 

Sec.  15.  A7icl  he  it  further  enacted^  That,  until  otherwise  provided 
by  law,  the  governor  of  said  Territory  may  define  the  judicial  dis- 
tricts of  said  Territory,  and  assign  the  judges  who  may  be  appointed 
for  said  Territory  to  the  several  districts,  and  also  appoint  the  times 
and  places  for  holding  courts  in  the  several  counties  or  subdivi- 
sions in  each  of  said  judicial  districts,  by  proclamation  to  be  issued 
by  him;  but  the  legislative  assembly,  at  their  first  or  any  subsequent 
session,  may  organize,  alter,  or  modify  such  judicial  districts,  and 
assign  the  judges,  and  alter  the  times  and  places  of  holding  the  courts, 
as  to  them  shall  seem  proper  and  convenient. 

Sec.  16.  And  he  it  further  enacted^  That  all  officers  to  be  appointed 
by  the  President  of  the  United  States,  by  and  with  the  advice  and 
consent  of  the  Senate,  for  the  Territory  of  Idaho,  who,  by  virtue  of 
the  provisions  of  any  law  now^  existing,  or  which  may  be  enacted  by 
Congress,  are  required  to  give  security  for  moneys  that  may  be  in- 
trusted with  them  for  disbursement,  shall  give  such  security  at  such 
time  and  in  such  manner  as  the  Secretary  of  the  Treasur}^  niay 
prescribe. 

S53.  Vi.-And  he  it  further  enaeted.  That  all  treaties,  laws,  and 
other  engagements  made  by  the  Government  of  the  United  States 
with  the  Indian  tribes  inhabiting  the  Territory  embraced  within  the 
provisions  of  this  act,  shall  be  faithfully  and  rigidly  observed,  any- 
thing contained  in  this  act  to"  the  contrary  notwithstanding;  and  that 
the  existing  agencies  and  superintendencies  of  said  Indians  be  con- 
tinued with  the  same  powers  and  duties  which  are  now  prescribed  by 
law,  except  that  the  President  of  the  United  States  may,  at  his  dis- 
cretion, change  the  location  of  the  office  of  said  agencies  or  superin- 
tendents. 

Approved,  March  3,  1863. 


TEMPORARY  GOVERNMENT  FOR  IDAHO— 1864  « 

[Thirty-eighth  Congress,  First  Session] 

An  Act  to  amend  an  act  entitled  "An  act  to  provide  a  temporary  government  for 
the  Territory  of  Idaho/'  approved  March  third 

Be  it  enaeted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  Ameriea  m  Congress  assemihled^  That  the  governor 
of  the  Territory  of  Idaho  be,  and  he  is  hereby,  authorized  to  reappor- 
tion said  territory  for  the  election  of  members  of  the  council  and 
house  of  representatives  of  the  legislative  assembly:  Provided^  That 
said  apportionment  shall  be  based  on  an  enumeration  of  the  inhab- 
itants and  qualified  voters  of  the  several  counties  and  districts  of  the 
territory,  to  be  taken  by  such  persons  and  in  such  mode  as  the  gov- 
ernor shall  designate  and  appoint,  and  the  persons  so  appointed  shall 
receive  a  reasonable  compensation  therefor,  to  be  paid  out  of  the  ter- 
ritorial treasury:  Provided,  further^  That  this  act  shall  not  be  con- 
strued to  divest  any  member  of  the  council  elected  at  the  first  election 

«  Statutes  at  Large,  Vol.  15,  pp.  142-3. 


Idaho— 1890  913 

ill  said  territory,  of  any  rights  he  may  have  acquired  by  virtue  of 
said  election,  who  was  elected  from  an}"  county  or  district  Avithin  the 
present  limits  of  the  Territory  of  Idaho. 

Sec.  2.  And  he  it  further  enacted^  That  the  annual  election  in  said 
territory  for  the  election  of  all  officers  provided  for  bv  the  laws  of 
said  territory,  for  the  year  eighteen  hundred  and  sixty-four,  shall  be 
held  at  such  places  as  is  now  provided  by  law,  and  such  other  places 
as  the  governor  may  direct  on  the  second  ]Monday  of  October. 

Approved,  June  20,  1864. 


ACT  FOR  ADMISSION  OF  IDAHO— 1890 

[Fifty-first  Congress,  First  Session] 
An  Act  to  provide  for  the  admission  of  the  State  of  Idalio  into  the  Union 

Whereas,  The  people  of  the  Territory  of  Idaho  did,  on  the  fourth 
day  of  July,  eighteen  hundred  and  eighty-nine,  by  a  convention  of 
delegates  called  and  assembled  for  that  purpose,  form  for  themselves 
a  constitution,  which  constitution  was  ratified  and  adopted  by  the 
people  of  said  Territory  at  an  election  held  therefor  on  the  first 
Tuesday  in  November,  eighteen  hundred  and  eighty-nine,  which 
constitution  is  republican  in  form  and  is  in  conformity  with  the 
Constitution  of  the  United  States;  and 

Whereas,  Said  convention  and  the  people  of  said  Territory'  have 
asked  the  admission  of  said  Territory  into  the  Union  of  States  on 
an  equal  footing  Avith  the  original  States  in  all  respects  whatever : 
Therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assenihled..  That  the  State  of 
Idaho  is  hereby  declared  to  be  a  State  of  the  United  States  of  Amer- 
ica, and  is  hereby  declared  admitted  into  the  Union  on  an  equal 
footing  with  the  original  States  in  all  respects  whatever;  and  that 
the  constitution  which  the  people  of  Idaho  have  formed  for  them- 
selves be,  and  the  same  is  hereby,  accepted,  ratified,  and  confirmed. 

Sec.  2.  That  the  said  State  shall  consist  of  all  the  Territory  de- 
scribed as  follows:  Beginning  at  the  intersection  of  the  thirty-ninth 
meridian  with  the  boundary  line  between  the  United  States  and  the 
l)ritish  I*ossessions,  then  following  said  meridian  south  until  it 
reaches  the  sununit  of  the  Bitter  Koot  ]Mountains;  thence  southeast- 
ward along  the  crest  of  the  Bitter  Boot  ranges  and  the  continental 
divide  until  it  intersects  the  meridian  of  thirty-four  degrees  of  lon- 
gitude; thence  southward  on  this  meridian  to  the  forty  second  par- 
allel of  latitude;  thence  west  on  this  ])arallel  of  latitude  to  its  inter- 
section with  a  meridian  drawn  through  the  mouth  of  the  Owyhee 
Iviver;  north  on  this  meridian  to  the  mouth  of  the  Owyhee  Biver; 
thence  down  the  mid-channel  of  the  Snake  Biver  to  the  mouth  of  the 
Clearwater  Biver;  and  thence  north  on  the  meridian  which  passes 
through  the  mouth  of  the  CMearwater  to  the  boundary-line  between 
the  United  States  and  the  J^>ritish  I*ossessions,  and  east  on  said 
boundary-line  to  the  i:)lace  of  beginning. 

Sec.  H.  That  imtil  the  next  general  census,  or  until  otherwise  pro- 
vided by  law,  said  State  shall  be  entitled  to  one  Bepresentative  in 


914  Idaho— 1800 

tlu'  iroiise  of  Ileprcsontativos  of  tlic  United  States  and  the  election 
of  the  Representatives  to  the  Fifty-first  Congress  and  the  Ivepresenta- 
tivc  to  the  Fifty-second  C()n<;ress  shall  take  place  at  the  time  and  be 
conducted  and  certified  in  the  same  manner  as  is  provided  in  the  con- 
stitution of  the  State  for  the  election  of  State,  district,  and  other  offi- 
cers in  the  first  instance.  The  hnv  of  the  Territory  of  Idaho  for  the 
registration  of  voters  shall  apply  to  the  first  election  of  State,  Dis- 
trict, and  other  officers  held  after  the  admission  of  the  State  of  Idaho. 
County  and  precinct  officers  elected  at  the  first  election  held  after  the 
admission  of  the  State  Idaho,  shall  assume  the  duties  of  their  respec- 
tive officers  on  the  second  Monday  of  January  eighteen  hundred  and 
ninety-one. 

Sec.  4.  That  sections  numbered  sixteen  and  thirtj'-six  in  every 
township  of  said  State,  and  where  such  sections,  or  any  parts  thereof, 
have  been  sold  or  otherwise  disposed  of  by  or  under  the  authority  of 
any  act  of  Congress,  other  lands  equivalent  thereto,  in  legal  sub- 
divisions of  not  less  than  one  quarter  section,  and  as  contiguous  as 
may  be  to  the  section  in  lieu  of  which  the  same  is  taken,  are  hereby 
granted  to  said  State  for  the  support  of  common  schools,  such  indem- 
nity lands  to  be  selected  within  said  State  in  such  manner  as  the  legis- 
lature may  provide,  with  the  approval  of  the  Secretary  of  the 
Interior. 

Sec.  5.  That  all  lands  herein  granted  for  educational  purposes 
shall  be  disposed  of  only  at  public  sale,  the  proceeds  to  constitute  a 
permanent  school  fund,  the  interest  of  which  only  shall  be  expended 
in  the  support  of  said  schools.  But  said  lands  may,  under  such 
regulations  as  the  legislature  shall  prescribe,  be  leased  for  periods 
of  not  more  than  five  years,  and  such  lands  shall  not  be  subject  to 
pre-emption,  homestead  entry,  or  any  other  entry  under  the  land 
laws  of  the  United  States,  whether  surveyed  or  unsurveyed,  but  shall 
be  reserved  for  school  purposes  only. 

Seq.  6.  That  fifty  sections  of  the  unappropriated  public  lands 
within  said  State,  to  be  selected  and  located  in  legal  subdivisions  as 
provided  in  section  four  of  this  act,  shall  be,  and  are  hereb}^,  granted 
to  said  State  for  the  purpose  of  erecting  public  buildings  at  the  capi- 
tal of  said  State  for  legislative,  executive,  and  judicial  purposes. 

Sec.  7.  That  five  per  centum  of  the  proceeds  of  the  sales  of  public 
lands  lying  within  said  State  which  shall  be  sold  by  the  United 
States  subsequent  to  the  admission  of  said  State  into  the  Union,  after 
deducting  all  the  expenses  incident  to  the  same,  shall  be  paid  to  the 
said  State,  to  be  used  as  a  permanent  fund,  the  interest  of  which 
only  shall  be  expended  for  the  support  of  the  common  schools  within 
said  State. 

Sec.  8.  That  the  lands  granted  to  the  Territory  of  Idaho  by  the 
act  of  February  eighteenth,  eighteen  hundred  and  eighty-one,  entitled 
"An  act  to  grant  lands  to  Dakota,  Montana,  Arizona,  Idaho,  and 
Wyoming  for  university  purposes,"  are  hereby  vested  in  the  State 
of  Idaho  to  the  extent  of  the  full  quantity  of  seventy-two  sections  to 
said  State,  and  any  portion  of  said  lands  that  may  not  have  been 
selected  by  said  Territory  of  Idaho  may  be  selected  by  the  said  State; 
but  said  act  of  February  eighteenth,  eighteen  hundred  and  eighty-one, 
shall  be  so  amended  as  to  provide  that  none  of  said  lands  shall  be 
sold  for  less  than  ten  dollars  per  acre,  and  the  proceeds  shall  consti- 
tute a  permanent  fund  to  be  safely  invested  and  held  by  said  State, 


Idaho— 1890  915 

and  the  income  thereof  be  used  exclusively  for  university  purposes. 
The  schools,  colleges,  and  nniversities  provided  for  in  this  act  shall 
forever  remain  under  the  exclusive  control  of  the  said  State,  and  no 
part  of  the  proceeds  arising  from  the  sale  or  disposal  of  any  lands 
herein  granted  for  educational  purposes  shall  be  used  for  the  sup- 
port of  any  sectarian  or  denominational  school,  college,  or  university. 

Sec.  0.  That  the  })enitentiary  at  Boise  City,  Idaho,  and  all  lands 
connected  therewith  and  set  aj^art  and  reserved  therefor,  and  unex- 
pended appropriations  of  money  therefor,  and  the  personal  property 
of  the  United  States  now  being  in  the  Territory  of  Idaho,  which 
has  been  in  use  in  the  said  Territory  in  the  administration  of  the 
Territorial  government,  including  books  and  records  and  the  prop- 
erty used  at  the  constitutional  convention  which  convened  at  Boise 
City,  in  the  month  of  July,  eighteen  hundred  and  eighty-nine,  are 
hereby  granted  and  donated  to  tlie  State  of  Idaho. 

Sec.  10.  That  ninety  thousand  acres  of  land,  to  be  selected  and 
located  as  provided  in  section  four  of  this  act,  are  hereby  granted  to 
said  State  for  the  use  and  support  of  an  agricultural  college  in  said 
State,  as  provided  in  the  acts  of  Congress  making  donations  of 
lands  for  such  purposes. 

Sec.  11.  That  in  lieu  of  the  grant  of  land  for  purposes  of  internal 
improvement  made  to  the  new  States  by  the  eighth  section  of  the 
act  of  September  fourth,  eighteen  hundred  and  forty-one,  Avhich 
section  is  hereby  repealed  as  to  the  State  of  Idaho,  and  in  lieu  of  any 
claim  or  demand  by  the  said  State  under  the  act  of  September 
twenty-eighth  eighteen  hundred  and  fifty,  and  section  twenty  four 
hundred  and  seventy  nine  of  the  Eevised  Statutes,  making  a  grant  of 
swamp  and  overflowed  lands  to  certain  States,  which  grant.it  is  hereby 
declared  is  not  extended  to  the  State  of  Idaho,  and  in  lieu  of  any 
grant  of  saline  lands  to  said  State  the  following  grants  of  lands  are 
hereby  made,  to  wit:  To  the  State  of  Idaho:  For  the  establishment 
and  maintenance  of  a  scientific  school,  one  hundred  thousand  acres: 
For  State  normal  schools,  one  hundred  thousand  acres;  for  the  sup- 
port and  maintenance  of  the  insane-asylum  located  at  Blackfoot, 
fifty  thousand  acres;  for  the  support  and  maintenance  of  the  State 
University  located  at  Moscoav,  fifty  thousand  acres;  for  the  support 
and  maintenance  of  the  penitentiary  located  at  Boise  City,  fifty 
thousand  acres;  for  other  State,  charitable,  educational,  penal,  £lnd 
reformatoi-y  institutions,  one  hundred  and  fifty  thousand  acres. 
None  of  tlic  lands  granted  by  this  act  shall  be  sold  for  less  than  ten 
dollars  an  acre. 

Sec.  12.  That  the  State  of  Idaho  shall  not  be  entitled  to  any  further 
or  other  grants  of  land  for  any  purpose  than  as  expressly  jirovided  in 
this  act.  And  the  lands  granted  by  this  section  shall  be  held,  appro- 
priated, and  disposed  of  exclusively  for  the  purpose  herein  mentioned, 
in  such  manner  as  the  legislature  of  the  State  may  provide. 

Sec.  1?).  That  all  mineral  lands  shall  be  exempted  from  the  grants 
by  this  act.  But  if  sections  sixteen  and  thii'ty-six,  or  any  subdivi- 
sion, or  portion  of  any  smallest  subdivision  thei'eof  in  any  township 
shall  be  found  by  the  Department  of  the  Interior  to  be  mineral  lands, 
the  said  State  is  hereby  authorized  and  empowered  to  select,  in  legal 
subdivisions,  an  equal  quantity  of  other  unapjiropriated  lands  in  said 
State,  in  lieu  thereof,  for  the  use  and  the  benefit  of  the  common 
schools  of  said  State. 


91()  Idaho— 1890 

Sec.  14.  That  all  lands  granted  in  (juantity  or  as  indemnity  by  this 
act  shall  be  selected,  under  the  direction  of  the  Secretary  of  th<! 
Interior,  from  the  surveyed  unreserved,  and  unappropriated  public 
lands  of  the  United  States  within  the  limits  of  the  State  entitled 
thereto.  And  there  shall  be  deducted  from  the  number  of  acres  of 
land  donated  by  this  act  for  specific  objects  to  said  State  the  number 
of  acres  heretofore  donated  by  Congress  to  said  Territory  for  similar 
objects. 

Sfx".  15.  That  the  sum  of  twenty-eight  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary,  is  hereby  appropriated,  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated,  for  defray- 
ing the  expenses  of  said  convention  and  for  the  payment  of  the 
members  thereof,  under  the  same  rules  and  regulations  and  at  the 
same  rates  as  are  now  provided  by  law  for  the  payment  of  the  Terri- 
torial legislatures,  and  for  elections  held  therefor  and  thereunder. 
Any  money  hereby  appropriated  not  necessary  for  such  purpose  shall 
be  covered  into  the  Treasury  of  the  United  States. 

Sec.  16.  That  the  said  State  shall  constitute  a  judicial  district,  the 
name  thereof  to  be  the  same  as  the  name  of  the  State ;  and  the  cir- 
cuit and  district  courts  therefor  shall  be  held  at  the  capital  of  the 
State  for  the  time  being,  and  the  said  district  shall,  for  judicial  pur- 
poses, until  otherwise  provided,  be  attached  to  the  ninth  judicial  cir- 
cuit. There  shall  be  appointed  for  said  district  one  district  judge, 
one  United  States  attorney,  and  one  United  States  marshal.  The 
judge  of  the  said  district  shall  receive  a  yearly  salary  of  three  thou- 
sand five  hinidred  dollars,  payable  in  four  equal  installments,  on  the 
first  days  of  January,  Aprif,  July,  and  October  of  each  year,  and 
shall  reside  in  the  district.  There  shall  be  appointed  clerks  of  said 
courts,  in  the  said  district,  who  shall  keep  their  offices  at  the  capital 
of  said  State.  The  regular  terms  of  said  courts  shall  be  held  in  said 
district,  at  the  place  aforesaid,  on  the  first  Monday  in  April  and  the 
first  Monday  in  November  of  each  year,  and  only  one  grand  jury 
and  one  j^etit  jury  shall  be  summoned  in  both  said  circuit  and  dis- 
trict courts.  The  circuit  and  district  courts  for  said  district,  and 
the  judges  thereof,  respectively,  shall  possess  the  same  powers  and 
jurisdiction,  and  perform  the  same  duties  required  to  be  performed 
by  the  other  circuit  and  district  courts  and  judges  of  the  United 
States,  and  shall  be  governed  by  the  same  laws  and  regulations. 
The  marshal,  district  attorney,  and  clerks  of  the  circuit  and  district 
courts  of  said  district,  and  all  other  officers  and  persons  performing 
duties  in  the  administration  of  justice  therein,  shall  severally  pos- 
sess the  powers  and  perform  the  duties  lawfully  possessed  and 
required  to  be  performed  by  similar  officers  in  other  districts  of  the 
United  States ;  and  shall,  for  the  services  they  mav  perform,  receive 
the  fees  and  compensation  allowed  by  law  to  other  similar  officers  and 
persons  performing  similar  duties  in  the  State  of  Oregon. 

Sec.  17.  That  all  cases  of  appeal  or  writ  of  error  heretofore  prose- 
cuted and  now  pending  in  the  Supreme  Court  of  the  United  States 
upon  any  record  fromthe  supreme  court  of  said  Territory,  or  that 
may  hereafter  lawfidly  be  prosecuted  upon  any  record  from  said 
court,  may  be  heard  and  determined  by  said  Supreme  Court  of  the 
United  States;  and  the  mandate  of  execution  or  of  further  proceed- 
ings shall  be  directed  by  the  Supreme  Court  of  the  United  States  to 
the  circuit  or  district  court  herebv  established  within  the  said  State 


Idaho— 1890  917 

from  or  to  the  supreme  court  of  such  State,  as  the  nature  of  the 
case  may  require.  And  the  circuit,  district,  and  State  courts  herein 
named  shall,  respectively,  be  the  successors  of  the  supreme  court  of 
the  Territory,  as  to  all  such  cases  arising  within  the  limits  embraced 
within  the  jurisdiction  of  such  courts,  respectively,  with  full  power 
to  proceed  with  the  same,  and  award  mesne  or  final  j^rocess  therein ; 
and  that  from  all  judgments  and  decrees  of  the  supreme  court  of 
the  Territory  mentioned  in  this  act,  in  any  case  arising  Avithin  the 
limits  of  the  proposed  State  prior  to  admission,  the  parties  to  such 
judgment  shall  have  the  same  right  to  prosecute  appeals  and  writs  of 
error  to  the  Supreme  Court  of  the  Ignited  States  as  they  shall  have 
had  by  hiAv  prior  to  the  admission  of  said  State  into  the  Union. 

Sec.  18.  That  in  respect  to  all  cases,  proceedings,  and  matters  now 
pending  in  the  supreme  or  district  courts  of  the  said  Territory  at 
the  time  of  the  admission  into  the  Union  of  the  State  of  Idaho  and 
arising  within  the  limits  of  such  State,  whereof  the  circuit  or  district 
courts  by  this  act  established  might  have  had  jurisdiction  under  the 
laws  of  the  United  States  had  such  courts  existed  at  the  time  of  the 
commencement  of  such  cases,  the  said  circuit  and  district  courts, 
respectively,  shall  be  the  successors  of  said  supreme  and  district 
courts  of  said  Territory:  and  in  respect  to  all  other  cases,  proceed- 
ings, and  matters  pending  in  tlie  supreme  or  district  courts  of  said 
Territory  at  the  time  of  the  admission  of  such  Territory  into  the 
Union,  arising  within  the  limits  of  said  State,  the  courts  established 
by  such  State  shall,  respectively,  be  the  successors  of  said  supreme 
and  district  Territorial  courts;  and  all  the  files,  records,  indictments, 
and  proceedings  relating  to  any  such  cases  shall  be  transferred  to 
such  circuit,  district,  and  State  courts,  respectively,  and  the  same 
shall  be  proceeded  with  therein  in  due  course  of  law:  but  no  writ, 
action,  indictment,  cause,  or  proceeding  now  pending,  or  that  prior 
to  the  admission  of  the  State  shall  be  pending,  in  any  Territorial 
court  in  said  Territory,  shall  abate  by  the  admission  of  such  State 
into  the  Union,  but  the  same  shall  be  transferred  and  proceeded 
Avithin  the  proper  United  States  circuit,  district,  or  State  court  as 
the  case  may  be:  Provided^  Jioicever,  That  in  all  civil  actions,  causes, 
and  proceedings  in  which  the  United  States  is  not  a  party  transfers 
shall  not  be  made  to  the  circuit  and  district  courts  of  the  Ignited 
States,  except  upon  Avritten  request  of  one  of  the  ])arties  to  such 
action  or  proceeding  filed  in  the  proper  court :  and  in  the  absence  of 
such  request  such  cases  shall  be  proceeded  with  in  the  proper  State 
courts. 

Sp:c.  10.  That  from  and  after  the  admission  of  said  State  into  the 
Union,  in  pursuance  of  this  act,  the  laws  of  the  United  States  not 
locally  inapplicable  shall  have  the  same  force  and  eti'ect  within  the 
said  State  as  elsewhere  within  the  United  States. 

Sec.  20.  That  the  legislature  of  the  said  State  may  elect  two  Sen- 
ators of  the  United  States  as  is  provided  by  the  constitution  of  said 
State,  and  the  Senators  and  Eepresentative  of  said  State  shall  be 
entitled  to  seats  in  Congress  and  to  all  the  rights  and  privileges  of 
Senators  and  Representatives  of  other  States  in  the  Congress  of  the 
United  States. 

Sec.  21.  That  until  the  State  officers  are  elected  and  qualified  under 
the  ]:)rovisions  of  the  constitution  of  said  State,  the  officers  of  the 
Territory  of  Idaho  shall  discharge   the   duties  of  their  respective 


918  Idaho— 1889 

offices  iindor  the  constitution  of  the  State,  in  the  manner  and  form 
as  therein  provided;  and  all  laws  in  force  made  by  said  'I'errilory,  at 
the  time  of  its  admission  into  the  Union,  shall  be  in  force  in  said 
State,  except  as  modified  or  changed  by  this  act  or  by  the  constitution 
of  the  State. 

Sec.  22.  That  all  acts  or  parts  of  acts  in  conflict  with  the  provisions 
of  this  act,  whether  passed  by  legislature  of  said  Territory  or  by 
Congress,  are  hereby  repealed. 

Approved,  July  3,  1890. 


CONSTITUTION  OF  IDAHO— 1889  " 

PREAMBLE 

We,  the  i^eople  of  the  State  of  Idaho,  grateful  to  Almighty  God 
for  our  freedom,  to  secure  its  blessings  and  promote  our  common 
welfare  do  establish  this  Constitution. 

Article  I 

DECLARATION    OF    RIGHTS 

Section  1.  All  men  are  by  nature  free  and  equal  and  have  certain 
inalienable  rights,  among  which  are  enjoying  and  defending  life  and 
liberty,  acquiring,  possessing,  and  protecting  property,  pursuing  hap- 
piness, and  securing  safety. 

Sec.  2.  All  political  power  is  inherent  in  the  people.  Government 
is  instituted  for  their  equal  protection  and  benefit,  and  they  have  the 
right  to  alter,  reform,  or  abolish  the  same  whenever  they  may  deem 
it  necessary,  and  no  special  privileges  or  immunities  shall  ever  be 
granted  that  may  not  be  altered,  revoked,  or  repealed  by  the 
legislature. 

a  Verified  by  "  The  Constitution  of  the  State  of  Idaho  and  the  act  providing  for 
the  admission  of  the  State.  Prepared  and  published  by  A.  .J.  Pinkham.  Secretary 
of  State.  Under  authority  of  House  Joint  Resolution  No.  3.  Boise  City,  Idaho : 
The  Statesman  Printing  Co.,  1891. 

Department  of  State, 

Secretary's  Office. 

I,  A.  J.  Pinkham,  Secretary  of  State  of  the  State  of  Idaho,  do  hereby  certify 
the  following  to  be  true  and  correct  copies  of  the  Constitution  of  the  State  of 
Idaho,  adopted  in  Convention,  August  6.  1889,  and  the  Act  of  Congress  admitting 
the  State  of  Idaho  into  the  Union  of  States,  approved  July  3,  1890,  as  appear 
of  record  in  my  office. 

In  testimony  v\hereof.  I  have  hereunto  set  my  hand  and  affixed  the  Great 
Seal  of  the  State.  Done  at  the  City  of  Boise,  the  Capital  of  Idaho,  this  Nine- 
teenth day  of  February,  in  the  year  of  our  Lord  One  Thousand  Eight  Hundred 
and  Ninety-one,  and  of  the  Independence  of  the  United  States  of  America,  the 
One  Hundred  and  Fifteenth. 

[seal.]  a.  J.  Pinkham, 

Secretary  of  State." 

Also  for  debates  and  proceedings  in  this  convention  see  "  Idaho  Daily  States- 
man." June  8  to  August  11,  1889,  and  "  The  Sioux  City  Journal,  Iowa,"  July  4 
to  October  8,  1889. 


Idaho— 1889  919 

Sec.  3.  The  State  of  Idaho  is  an  inseparable  part  of  the  American 
Union,  and  the  Constitution  of  the  United  States  is  the  supreme  hnv 
of  the  land. 

Sec.  4.  The  exercise  and  enjoyment  of  religions  faith  and  worship 
shall  forever  be  guaranteed;  and  no  person  shall  be  denied  any  civil 
or  political  right,  privilege,  or  capacit}^  on  account  of  his  religious 
opinions;  but  the  liberty  of  conscience  hereby  secured  shall  not  be 
construed  to  dispense  with  oaths  or  affirmations,  or  excuse  acts  of 
licentiousness  or  justify  polygamous  or  other  pernicious  practices, 
inconsistent  with  morality  or  the  peace  or  safety  of  the  State;  nor 
to  ])ermit  any  person,  organization,  or  association  to  directly  or  indi- 
rectly aid  or  abet,  counsel  or  advise,  any  person  to  connnit  the 
crime  of  bigamy  or  polygamy,  or  any  other  crime.  No  person  shall 
be  required  to  attend  or  support  any  ministry  or  place  of  Avorship, 
religious  sect  or  denomination,  or  pay  tithes  against  his  consent;  nor 
shall  any  j^reference  be  given  by  law  to  any  religious  denomination 
or  mode  of  worship.  Bigamy  and  polygamy  are  forever  prohibited 
in  the  State,  and  the  legislature  shall  provide  by  law  for  the  jDunish- 
ment  of  such  crimes. 

Sec.  5.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended unless,  in  case  of  rebellion  or  invasion,  the  public  safety 
requires  it,  and  then  only  in  such  manner  as  shall  be  prescribed  by 
law. 

Sec.  6.  All  persons  .shall  be  bailable  by  sufficient  sureties,  except  for 
capital  offenses,  where  the  proof  is  evident  or  the  presumption  great. 
Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
cruel  and  iniusual  punishments  inflicted. 

Sec.  7.  The  right  of  trial  by  jury  shall  remain  inviolate;  but  in 
civil  actions  three-fourths  of  the  jury  may  render  a  verdict,  and  the 
legislature  may  ^^rovide  that  in  all  cases  of  misdemeanors  five-sixths 
of  the  jury  may  render  a  verdict.  A  trial  by  jury  ma}'  be  Avaived  in 
all  criminal  cases  not  amounting  to  felony  by  the  consent  of  both  par- 
ties, expressed  in  open  court,  and  in  civil  actions  by  the  consent  of  the 
parties,  signified  in  such  manner  as  may  be  prescribed  b}^  law.  In 
civil  actions  and  cases  of  misdemeanor  the  jury  may  consist  of  twelve, 
or  of  any  number  less  than  twelve  upon  which  the  parties  may  agree 
in  open  court. 

Sec.  8.  No  person  shall  be  held  to  answer  for  any  felony  or  criminal 
offense  of  any  grade,  unless  on  })resentment  or  indictment  of  a  grand 
jury  or  on  information  of  the  public  prosecutor,  after  a  connnitmeiit 
by  a  magistrate,  except  in  cases  of  iijipeachment,  in  cases  cognizal)le 
by  probate  courts  or  by  justices  of  the  peace,  and  in  cases  arising  in 
the  militia  when  in  actual  service  in  time  of  war  or  public  danger: 
Provided.,  That  a  grand  jury  may  be  suunnoned  u|)on  tlie  order  of  the 
district  court  in  the  manner  provided  by  law:  And  proridcd  fin'fhci\ 
That  after  a  charge  has  been  ignored  by  a  grand  jury,  no  ])ers()n  shall 
be  held  to  answer  or  for  trial  therefor  u])on  infoi'mation  of  the  i)ul)li(' 
prosecutor. 

Sec.  9.  Every  person  may  freely  speak,  write,  and  publish  on  all 
subjects,  being  responsible  for  the  abuse  of  that  liberty. 

Sec.  10.  The  jn'oplc  shall  have  the  right  to  asseml)le  in  a  ])eaceable 
manner  to  consult  for  their  connnon  good:  to  instruct  their  rej)resen- 
tatives,  and  to  |)('(ition  the  Ijcgislatiire  for  the  redress  of  grievances. 

Sec.  11.  The  people  have  the  right  to  bear  arms  for  tlieir  security 


920  Idaho— 1889 

and  defense;  l)nt  the  Ijegislature  shall  regulate  the  exercise  of  this 
right  by  law. 

Sec.  12.  The  military  shall  be  subordinate  to  the  civil  power;  and 
no  soldier  in  time  of  peace  shall  be  quartered  in  any  liouse  without 
the  consent  of  its  owmer,  nor  in  time  of  war  except  in  the  manner 
prescribed  by  law. 

Sec.  13.  In  all  criminal  r  osecutions,  the  party  accused  shall  have 
the  right  to  a  sj^eedy  and  p  iblic  trial ;  to  have  the  process  of  the  court 
to  compel  the  attendance  of  witnesses  in  his  behalf,  and  to  a])pear  and 
defend  in  person  and  wnth  counsel. 

No  person  shall  be  tAvice  put  in  jeopardy  for  the  same  oifense;  nor 
be  compelled  in  any  criminal  case  to  be  a  w  itness  against  himself,  nor 
be  deprived  of  life,  liberty  or  property  without  due  process  of  law. 

Sec.  14.  The  necessary  use  of  lands  for  the  construction  of  reser- 
voirs or  storage  basins,  for  the  purposes  of  irrigation,  or  for  rights  of 
way  for  the  construction  of  canals,  ditches,  flumes,  or  pipes,  to  convey 
w^ater  to  the  place  of  use,  for  any  useful,  beneficial,  or  necessary  pur- 
pose, or  for  drainage;  or  for  the  drainage  of  mines,  or  the  working 
thereof,  by  means  of  roads,  railroads,  tramways,  cuts,  tunnels,  shafts, 
hoisting  works,  dumps,  or  other  necessary  means  to  their  complete 
development,  or  any  other  use  necessary  to  the  complete  development 
of  the  material  resources  of  the  State,  or  the  preservation  of  the 
health  of  its  inhabitants,  is  hereby  declared  to  be  a  public  use,  and 
subject  to  the  regulation  and  control  of  the  State. 

Private  property  may  be  taken  for  public  use,  but  not  until  a  just 
compensation,  to  be  ascertained  in  a  manner  prescribed  by  law%  diall 
be  paid  therefor. 

Sec.  15.  There  shall  be  no  imprisonment  for  debt  in  this  State 
except  in  cases  of  fraud. 

Sec.  16.  No  bill  of  attainder,  ex  post  facto  law,  or  law^  impairing 
the  obligation  of  contracts,  shall  ever  be  passed. 

Sec.  17.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  effects  against  unreasonable  searches  and  seizures 
shall  not  be  violated ;  and  no  warrant  shall  issue  without  probable 
cause,  shown  by  affidavit,  particularly  describing  the  place  to  be 
searched  and  the  person  or  thing  to  be  seized. 

Sec.  18.  Courts  of  justice  shall  be  open  to  every  person,  and  a 
speedy  remedy  afforded  for  every  injury  of  person,  property  or  char- 
acter, and  right  and  justice  shall  be  administered  without  sale,  denial, 
delay,  or  prejudice. 

Sec.  10.  No  power,  civil  or  jnilitary,  shall  at  any  time  interfere 
with  or  prevent  the  free  and  lawful  exercise  of  the  right  of  suffrage. 

Sec.  20.  No  projoerty  qualification  shall  ever  be  required  for  any 
])erson  to  vote  or  hold  office  except  in  school  elections  or  elections 
creating  indebtedness. 

Sec.  21.  This  enumeration  of  rights  shall  not  be  construed  to 
impair  or  deny  other  rights  retained  by  the  people. 

Article  II 

DISTRIBUTIOX    OY   POWERS 

Sectiox  1.  The  powers  of  the  government  of  this  State  are 
divided  into  three  distinct  departments,  the  Legislative.  Executive 


Idaho— 1889  921 

and  Judicial;  and  no  person  or  collection  of  persons  charged  with 
the  exercise  of  powers  properly  belonging  to  one  of  these  departments, 
shall  exercise  any  powers  properly  belonging  to  either  of  the  others, 
except  as  in  this  Constitution  expressly  directed  or  permitted. 

Article    III 

LEGISLATIVE    DEPARTMENT 

Section  1.  The  legislative  i:»ower  of  the  State  shall  be  vested  in 
a  senate  and  house  of  representatives.  The  enacting  clause  of  every 
bill  shall  be  as  follows :  "  Be  it  enacted  by  the  Legislature  of  the 
State  of  Idaho." 

Sec.  2.  The  senate  shall  consist  of  eighteen  members  and  the  house 
of  representatives  of  thirty-six  members.  The  Legislature  may 
increase  the  number  of  senators  and  representatives:  Prorided.,  The 
number  of  senators  shall  never  exceed  twenty- four,  and  the  house  of 
representatives  shall  never  exceed  sixt}?^  members.  The  senators 
and  representatives  shall  be  chosen  by  the  electors  of  the  respective 
counties  or  districts  into  which  the  State  may  from  time  to  time  be 
divided  by  law. 

Sec.  3.  The  senators  and  representatives  shall  be  elected  for  the 
term  of  two  years,  from  and  after  the  first  day  of  December  next 
following  the  general  election. 

Sec.  4.  The  members  of  the  first  legislature  shall  be  apportioned 
to  the  several  legislative  districts  of  the  State  in  proportion  to  the 
number  of  votes  polled  at  the  last  general  election  for  Delegate  to 
Congress,  and  thereafter  to  be  apportioned  as  may  be  provided  by 
law :  Provided^  Each  county  shall  be  entitled  to  one  representative. 

Sec.  5.  A  senatorial  or  representative  district,  when  more  than 
one  county  shall  constitute  the  same,  shall  be  composed  of  contiguous 
counties  and  no  county  shall  be  divided  in  creating  such  districts. 

Sec.  6.  No  person  shall  be  a  senator  or  representative  who  at  the 
time  of  his  election  is  not  a  citizen  of  the  United  States  and  an  elector 
of  this  State,  nor  any  one  who  has  not  been  for  one  year  next  pre- 
ceding his  election  an  elector  of  the  county  or  district  whence  he  may 
be  chosen. 

Sec.  7.  Senators  and  representatives,  in  all  cases  except  for  treason, 
felony,  or  breach  of  the  peace,  shall  be  j)rivileged  from  arrest  during 
the  session  of  the  lA\i2:islature,  and  in  going  to  and  returning  from  the 
same,  and  shall  not  be  liable  to  any  civil  process  during  the  session 
of  the  Legislature,  nor  during  the  ten  days  next  before  the  commence- 
ment thereof;  nor  shall  a  member  for  Avords  uttered  in  debate  in 
either  house  be  questioned  in  any  other  place. 

Sec.  8.  The  sessions  of  the  Legislature  shall,  after  the  first  session 
thereof,  be  held  l)iennially,  at  the  Capital  of  the  State,  connnencing 
on  the  first  Monday  after  th(>  first  day  of  January,  and  every  second 
year  thereafter,  unless  a  diiferent  day  shall  have  been  appointed  by 
law,  and  at  other  times  when  convened  by  the  Governor. 

Sec.  9.  Each  house  when  assembled  shall  choose  its  own  officei*s, 
judge  of  the  election,  qualifications,  and  returns  of  its  own  members, 
determine  its  own  rules  of  proceeding,  and  sit  upon  its  own  adjourn- 
ments; but  neither  house  shall,  without  the  concurrence  of  the  other, 


922  Idaho— 1889 

adjourn  for  moro  than  three  (hiys,  nor  to  any  other  phi(;e  than  that  in 
which  it  may  be  sitting-. 

Skc.  10.  A  majority  of  each  honse  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  niannei-  and 
under  such  penalties  as  such  house  may  provide.  A  quorum  bein<i^ 
in  attendance,  if  either  house  fail  to  effect  an  organization  within 
the  hrst  four  days  thereafter,  the  members  of  the  house  so  failing 
shall  be  entitled  to  no  compensation  from  the  end  of  the  said  four 
days  until  an  organization  shall  have  been  effected. 

Sec.  11.  Each  house  may,  for  good  cause  shown,  with  the  con- 
currence of  two-thirds  of  all  the  members,  expel  a  member. 

Sec.  12.  The  business  of  each  house,  and  of  the  committee  of  the 
Avhole,  shall  be  transacted  openly  and  not  in  secret  session. 

Sec.  13.  Each  house  shall  keep  a  journal  of  its  proceedings;  and 
the  yeas  and  nays  of  the  members  of  either  house  an  any  question, 
shall,  at  the  request  of  any  three  members  present,  be  entered  on  the 
journal. 

Sec.  IJr.  Bills  may  originate  in  either  house,  but  may  be  amended 
or  rejected  in  the  other,  except  that  bills  for  raising  revenue  shall 
originate  in  the  house  of  representatives. 

Sec.  15.  No  law  shall  be  passed  except  by  bill,  nor  shall  any  bill 
be  put  upon  its  final  passage  until  the  same,  with  the  amendments 
thereto,  shall  have  been  printed  for  the  use  of  the  members;  nor  shall 
any  bill  become  a  law  unless  the  same  shall  have  been  read  on  three 
several  days  in  each  house  previous  to  the  final  vote  thereon :  Pro- 
fided^  In  case  of  urgency,  two-thirds  of  the  house  where  such  bill 
may  be  pending  may,  upon  a  vote  of  the  yeas  and  nays,  dispense 
with  this  provision.  On  the  final  passage  of  all  bills  they  shall  be 
read  at  length,  section  by  section,  and  the  vote  shall  be  by  yeas  and 
nays  upon  each  bill  separately,  and  shall  be  entered  upon  the  journal ; 
and  no  bill  shall  become  a  law  without  the  concurrence  of  a  majority 
of  the  members  present. 

Sec.  10.  Every  act  shall  embrace  but  one  subject  and  matters  pro])- 
erly  connected  thercAvith.  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  nuich  thereof 
as  shall  not  be  embraced  in  the  title. 

Sec.  17.  Every  act  or  joint  resolution  shall  be  plainly  worded, 
avoiding  as  far  as  practicable  the  use  of  technical  terms. 

Sec.  18.  No  act  shall  be  revised  or  amended  by  mere  reference  to 
its  title,  but  the  section  as  amended  shall  be  set  forth  and  published 
at  full  length. 

Sec.  19.  The  legislature  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 
constables. 

For  the  punishment  of  crimes  and  misdemeanors. 

Regulating  the  practice  of  the  courts  of  justice. 

Providing  for  a  change  of  venue  in  civil  or  criminal  actions. 

Granting  divorces. 

Changing  the  names  of  persons  or  places. 


Idaho— 1889  923 

Aiithorizino'  the  lavino-  out,  opening,  alteriiio;.  iiiaintaiiiin<r-  work- 
ing on,  or  vacating-  roads,  highways,  streets,  alleys,  town  plats,  parks, 
cemeteries,  or  any  public  grounds  not  owned  l)y  the  State. 

Summoning  and  impanneling  grand  and  trial  juries,  and  ])roviding 
for  their  compensation. 

Regulating  county  and  townshij)  business,  or  the  election  of  county 
and  township  officers. 

For  the  assessment  and  collection  of  taxes. 

Providing  for  and  conducting  elections,  or  designating  the  j)lac('  of 
voting. 

Affecting  estates  of  deceased  ])ersons,  minors,  or  other  jnu'sons  under  • 
legal  disabilities. 

Extending  the  time  for  collection  of  taxes. 

Giving  effect  to  invalid  deeds,  leases  or  other  instruments. 

Refunding  money  paid  into  the  State  treasury. 

Releasing  or  extinguishing,  in  whole  or  in  ])art,  the  indebtedness, 
liability  or  obligation  of  any  person  or  corporation  in  this  State,  or 
any  municipal  corporation  therein. 

Declaring  any  person  of  age,  or  authorizing  any  minor  to  sell,  lease, 
or  encumber  his  or  her  property- 
Legalizing  as  against  the  State  the  unauthorized  or  invalid  act  of 
any  officer. 

Exempting  ]:)roperty  from  taxation. 

Changing  county  seats;  unless  the  law  authorizing  the  change  shall 
re(iuire  that  two-thirds  of  the  legal  votes  cast  at  a  general  or  special 
election  shall  designate  the  place  to  -Avhich  the  county  seat  shall  be 
changed:  Procided,  That  the  power  to  pass  a  special  hiAv  shall  cease 
as  long  as  the  legislature  shall  provide  for  such  change  by  general 
law:  Promded  further^  That  no  special  law  shall  be  passed  for  any 
one  county  oftener  than  once  in  six  years. 

Restoring  to  citizenship  persons  convicted  of  infanu)us  crimes. 

Regulating  the  interest  on  money. 

Authorizing  the  creation,  extension  or  impairing  of  liens. 

Chartering  or  licensing  ferries,  bridges  or  roads. 

Remitting  fines,  penalties  or  forfeitures. 

Providing  for  the  management  of  common  schools. 

Creating  offices  or  prescribing  the  powers  and  duties  of  officers  in 
counties,  cities,  townships,  election  districts,  or  school  districts,  ex- 
ce])t  as  in  this  Constitution  otherwise  provide(h 

Changing  the  law  of  descent  oi'  succession. 

Authoi'izing  the  adoi)ti()n  oi"  legitimization  of  children. 

Foi'  limitation  of  ci\'il  or  ci'iminal  actions. 

Creating  any  corpoi-ation. 

Creating,  inci'easing  or  decreasing  fees.  j)ercentages,  or  allowances 
of  public  officers  during  the  term  for  Avhich  said  officers  are  elected 
or  ap])ointed. 

Sec.  '10.  The  liCgislature  shall  not  authorize  any  lottery  or  gift 
enterprise  under  any  pretense  or  for  any  j)uri)()se  whatevei'. 

Sec.  21.  .Vll  bills  or  joint  resolutions  |iassed  shall  be  signed  l)y 
the  presiding  officei's  of  tlie  respective  houses. 

Sec.  22.  No  act  shall  take  effect  until  sixty  days  from  the  end  of 
the  session  at  which  the  same  shall  have  been  passed.  e\c(>pt  in  case 
7252— VOL  2—07 4 


924  Idaho— ISSO 

of  emorgoncy,  Avhich  cniorgeiicy  shall  We  (IccJMrod  in  the  preamble  or 
in  the  body  of  the  law. 

Sec.  23.  Each  member  of  the  Le^jislatine  shall  receive  for  his 
services  a  sum  not  exceeding  five  dollars  per  day  from  the  commence- 
ment of  the  session,  but  such  pay  shall  not  exceed  for  each  member, 
except  the  presiding  officers,  in  the  aggregate  three  hundred  dollars 
.  for  per  diem  allowances  for  any  one  session ;  and  shall  receive  each 
the  sum  of  ten  cents  pev  mile  each  way  b}'  the  usual  traveled  route. 

When  convened  in  extra  session  by  the  Governor,  they  shall  each 
receive  fiA^e  dollars  per  day;  but  no  extra  session  shall  continue  for 
a  longer  period  than  twenty  days,  except  in  case  of  the  first  session 
of  the  Legislature.  They  shall  receive  such  mileage  as  is  allowed 
for  regular  sessions.  The  presiding  officers  of  the  Legislature  shall 
each  in  A^rtue  of  his  office  receive  an  additional  compensation  equal 
to  one-half  his  per  diem  alloAvance  as  a  member:  Provided,  That 
whenever  any  member  of  the  Legislature  shall  travel  on  a  free  pass 
in  coming  to  or  returning  from  the  session  of  the  Legislature,  the 
number  of  miles  actually  traA^eled  on  such  pass  shall  be  deducted 
from  the  mileage  of  such  member. 

Sec.  24.  The  first  concern  of  all  good  government  is  the  A'irtue 
and  sobriety  of  the  people,  and  the  purity  of  the  home.  The  Legisla- 
ture should  further  all  wise  and  well  directed  efforts  for  the  promo- 
tion of  temperance  and  morality. 

Sec.  25.  The  members  of  the  Legislature  shall,  before  they  enter 
upon  the  duties  of  their  respective  offices,  take  or  subscribe  the  fol- 
loAving  oath  or  affirmation:  "I  do  solemnly  swear  (or  affirm,  as  the 
case  nmy  be)  that  I  Avill  support  the  Constitution  of  the  LTnited  States 
and  the  Constitution  of  the  State  of  Idaho,  and  that  I  w^ill  faithfully 
discharge  the  duties  of  senator  (or  representatiA^e,  as  the  case  may  be) 
according  to  the  best  of  my  ability."  And  such  oath  ma}^  be  adminis- 
tered by  the  GoA'^ernor,  Secretary  of  State,  or  judge  of  the  supreme 
court,  or  presiding  officer  of  either  house. 

Article  IV 
executive  department 

Section  1.  The  executiA^e  department  shall  consist  of  a  GoA^ernor, 
Lieutenant-GoA^ernor,  Secretary  of  State,  State  Auditor.  State  Treas- 
urer, Attorney-General,  and  Superintendent  of  Public  Instruction, 
each  of  whom  shall  hold  his  office  for  tAvo  years  beginning  on  the  first 
Monday  in  January  next  after  his  election,  except  as  other Avise  pro- 
A'ided  in  this  Constitution.  The  officers  of  the  executiA^e  department, 
excepting  the  Lieutenant-GoA^ernor,  shall,  during  their  terms  of  office, 
reside  at  the  seat  of  gOA^ernment,  where  they  shall  keep  the  public 
records,  books,  and  papers.  They  shall  perform  such  duties  as  are 
prescribed  by  this  Constitution  and  as  may  be  prescribed  by  law. 

Sec.  2.  The  officers  named  in  section  one  of  this  article  shall  be 
elected  by  the  qualified  electors  of  the  State  at  the  time  and  places  of 
A'oting  for  members  of  the  Legislature,  and  the  persons,  respect iA'ely, 
having  the  highest  number  of  votes  for  the  office  Aoted  for  shall  be 
elected ;  but  if  tAvo  or  more  shall  haA'e  an  equal  and  the  highest  num- 
ber of  Azotes  for  any  one  of  said  offices,  the  two  houses  of  the  Legisla- 
ture at  its  next  regular  session,  shall  forthwith,  by  joint  ballot,  elect 


Idaho— 1889  925 

one  of  such  persons  for  said  office.  The  returns  of  election  for  the 
officers  named  in  section  one  shall  be  made  in  such  manner  as  may  be 
prescribed  by  law.  and  all  contested  elections  of  the  same,  other  than 
provided  for  in  this  section,  shall  be  determined  as  may  be  ]:)rescribed 
by  law. 

Sec.  3.  Xo  person  shall  be  eligible  to  the  office  of  Governor  or  Lieu- 
tenant-Governor unless  he  shall  have  attained  the  age  of  thirty  years 
at  the  time  of  his  election  ;  nor  to  the  office  of  Secretary  of  State.  State 
Auditor,  Superintendent  of  Public  Instruction,  or  State  Treasurer 
unless  he  shall  have  attained  the  age  of  twenty-five  years:  nor  to  the 
office  of  Attorney-General  unless  he  shall  have  attained  the  age  of 
thirty  years,  and  have  been  admitted  to  i)ractice  in  the  sujjreme  com"t 
of  the  State  or  Territory  of  Idaho,  and  be  in  good  standing  at  the 
time  of  his  election.  In  addition  to  the  qualifications  above  described 
each  of  the  officers  named  shall  be  a  citizen  of  the  United  States  and 
shall  have  resided  within  the  State  or  Territory  two  years  next  pre- 
ceding his  election. 

Sec.  4.  The  Governor  shall  be  commander-in-chief  of  the  military 
forces  of  the  State,  except  when  they  shall  be  called  into  actual  service 
of  the  United  States.  He  shall  have  poAver  to  call  out  the  militia  to 
execute  the  laws,  to  suppress  insurrection,  or  to  repel  invasion. 

Sec.  5.  The  supreme  executive  power  of  the  State  is  vested  in  the 
Governor,  who  shall  see  that  the  laws  are  faithfully  executed. 

Sec.  6.  The  Governor  shall  nominate  and,  by  and  with  the  consent 
of  the  senate,  appoint  all  officers  whose  offices  are  established  by  this 
Constitution,  or  which  may  be  created  by  law  and  whose  appointment 
or  election  is  not  otherwise  provided  for.  If,  during  the  recess  of  the 
senate,  a  vacancy  occurs  in  any  State  or  district  office,  the  Governor 
shall  appoint  some  fit  person  to  discharge  the  duties  thereof  until  the 
next  meeting  of  the  senate,  when  he  shall  nominate  some  person  to  fill 
such  office.  If  the  office  of  a  Justice  of  the  supreme  or  district  court. 
Secretary  of  State,  State  Auditor,  State  Treasurer,  Attorney-General, 
or  Superintendent  of  Public  Instruction  shall  be  vacated  by  death, 
resignation  or  otherwise,  it  shall  be  the  duty  of  the  Governor  to  fill 
the  same  by  appointment,  and  the  appointee  shall  hold  his  office  until 
his  successor  shall  be  elected  and  qualified  in  such  manner  as  may  be 
provided  by  law. 

Sec.  T.  The  Governor,  Secretary  of  State,  and  Attorney-General 
shall  constitute  a  board  to  be  known  as  the  board  of  pardons.  Said 
board,  or  a  majority  thereof,  shall  have  power  to  remit  fines  and 
forfeitures,  and  to  grant  commutations  and  pardons  after  conviction 
and  judgment,  either  absolutely  or  upon  such  conditions  as  they  may 
im])()se,  in  all  cases  of  offenses  against  the  State  except  treason  or 
conviction  on  impeachment.  The  Tjcgislature  shall  l)y  law  pre- 
scribe the  sessions  of  said  board  and  the  manner  in  which  applications 
shall  l)e  made  and  regulate  the  proceedings  thereon;  but  no  fine  or 
forfeiture  shall  be  remitted,  and  no  commutation  or  pardon  granted, 
except  by  the  decision  of  a  majority  of  said  board,  after  a  full  hear- 
ing in  open  session,  and  until  previous  notice  of  the  time  and  ])lace 
of  such  hearing  and  the  release  applied  for  shall  have  been  given  by 
public-ation  in  some  newspaper  of  general  circulation  at  least  once 
a  week  for  four  weeks.  The  ])roceediugs  and  decision  of  the  board 
shall  be  reduced  to  writing  and  with  their  reasons  for  their  action 
in  each  case,  and  the  dissent  of  any  member  who  may  disagree,  signed 


926  Idaho— 1889 

by  him,  ;mcl  filed,  with  all  papers  used  upon  the  hearing,  in  the  office 
of  tlu'  Secretary  of  State, 

The  (Tovernor  shall  have  power  to  grant  respites  or  reprieves  in 
all  cases  of  convictions  for  ofi'enses  against  the  State,  except  treason 
or  conviction  on  impeachment,  but  such  respites  or  reprieves  shall 
not  extend  beyond  the  next  session  of  the  board  of  pardons;  and 
such  board  shall  at  such  sessi{m  continue  or  determine  such  respite 
or  reprieve,  or  they  may  commute  or  pardon  the  offense,  as  herein 
provided.  In  cases  of  conviction  for  treason  the  governor  shall 
have  the  poAver  to  suspend  the  execution  of  the  sentence  until  the 
case  shall  l)e  reported  to  the  Legislature  at  its  next  regular  session, 
when  the  Legislature  shall  either  pardon  or  commute  the  sentence, 
direct  its  execution,  or  grant  a  further  reprieve.  He  shall  communi- 
cate to  the  Legislature,  at  each  regular  session,  each  case  of  remission 
of  fine  or  forfeitue,  reprieve,  commutation,  or  pardon  granted  since 
the  last  previous  report,  stating  the  name  of  the  convict,  the  crime 
of  which  he  was  convicted,  the  sentenC'C  and  its  date,  and  the  date 
of  remission,  commutation,  pardon,  or  reprieve,  with  the  reasons 
for  granting  the  same,  and  the  objections,  if  any,  of  any  member  of 
the  board  made  thereto. 

Sec.  8.  The  Governor  may  require  information  in  writing  from 
the  officers  of  the  executive  department  upon  any  subject  relating  to 
the  duties  of  their  respective  offices,  which  information  shall  be  given 
upon  oath  whenever  so  required ;  he  may  also  require  information 
in  writing,  at  any  time,  under  oath,  from  all  officers  and  managers 
of  State  institutions,  upon  any  subject  relating  to  the  condition, 
management  and  expenses  of  their  respective  offices  and  institutions, 
and  may  at  any  time  he  deems  it  necessary,  appoint  a  committee  to 
investigate  and  report  to  him  upon  the  condition  of  any  executive 
office  or  State  institution.  The  Governor  shall  at  the  commencement 
of  each  session,  and  from  time  to  time,  by  message,  give  to  the  Leg- 
islature information  of  the  condition  of  the  State,  and  shall  recom- 
mend such  measures  as  he  shall  deem  expedient.  He  shall  also  send 
to  the  Legislature  a  statement,  with  vouchers,  of  the  expenditures  of 
all  moneys  belonging  to  the  State  and  paid  out  by  him.  He  shall 
also,  at  the  commencement  of  each  session,  present  estimates  of  the 
amount  of  money  required  to  be  raised  by  taxation  for  all  purposes 
of  the  State. 

Sec.  9.  The  Governor  may,  on  extraordinary  occasions,  convene  the 
Legislature  by  proclamation,  stating  the  purposes  for  which  he  has 
convened  it :  but  when  so  convened  it  shall  have  no  power  to  legislate 
on  any  subjects  other  than  those  specified  in  the  proclamation :  but 
may  provide  for  the  expenses  of  the  session  and  other  matters  inci- 
dental thereto.  He  may  also,  by  proclamation,  convene  the  Senate  in 
extraordinary  session  for  the  transaction  of  executive  business. 

Sec.  10.  Every  bill  passed  by  the  Legislature  shall,  before  it 
becomes  a  law,  be  presented  to  the  Governor.  If  he  approve,  he  shall 
sign  it,  and  thereupon  it  shall  become  a  law ;  but  if  he  do  not  approve, 
he  shall  return  it  with  his  objections  to  the  House  in  which  it  orig- 
inated, which  House  shall  enter  the  objections  at  large  upon  its 
journals  and  proceed  to  reconsider  the  bill.  If  then  two-thirds  of  the 
members  present  agree  to  pass  the  same  it  shall  be  sent,  together  with 
the  objections,  to  the  other  House,  by  which  it  shall  likewise  be  recon- 


Idaho— 1889  927 

sidered;  and  if  approved  by  two-thirds  of  the  members  present  in 
that  House,  it  shall  become  a  law,  notwithstandino-  the  objections  of 
the  Governor.  In  all  such  cases  the  vote  of  each  House  shall  be 
determined  by  yeas  and  nays,  to  be  entered  on  the  journal.  Any  bill 
which  shall  not  be  returned  by  the  Governor  to  the  Legislature  within 
five  days,  (Sundavs  excepted)  after  it  shall  have  been  presented  to 
him,  shall  become  a  law  in  like  manner,  as  if  he  had  signed  it,  unless 
the  Legislature  shall,  by  adjournment,  prevent  its  return,  in  which 
case  it  shall  be  filed,  with  his  objections,  in  the  office  of  the  Secretary 
of  State  within  ten  days  after  such  adjournment  (Sundays  excepted) 
or  become  a  law. 

Sec.  11.  The  Governor  shall  have  power  to  disapprove  of  any  item 
or  items  of  any  bill  making  appropriations  of  money  embracing  dis- 
tinct items,  and  the  part  or  parts  approved  shall  become  a  law  and 
the  item  or  items  disapproved  shall  be  void,  unless  enacted  in  the 
manner  following:  If  the  Legislature  be  in  session,  he  shall  within 
five  days  transmit  to  the  House  within  which  the  bill  originated  a 
copy  of  the  item  or  items  thereof  disapproved,  together  with  his 
objections  thereto,  and  the  items  objected  to  shall  be  separately  recon- 
sidered, and  each  item  shall  then  take  the  same  course  as  is  prescribed 
for  the  passage  of  bills  over  the  executive  veto. 

Sec.  I'l.  In  case  of  the  failure  to  qualify,  the  impeachment,  or  con- 
viction of  treason,  felony,  or  other  infamous  crime  of  the  Governor, 
or  his  death,  removal  from  office,  resignation,  absence  from  the  State, 
or  inability  to  discharge  the  poAvers  and  duties  of  his  office,  the 
powers,  duties  and  emoluments  of  the  office  for  the  residue  of  the 
term,  or  until  the  disability  shall  cease,  shall  devolve  upon  the  Lieu- 
tenant-Governor. 

Sec.  13.  The  Lieutenant-Governor  shall  be  President  of  the  Senate, 
but  shall  vote  only  when  the  vSenate  is  equally  divided.  In  case  of  the 
absence  or  disqualification  of  the  Lieutenant-Governor  from  'Awj 
cause  which  applies  to  the  Governor,  or  when  he  shall  hold  the  office 
of  Governor,  then  the  president  pro  tempore  of  the  Senate  shall  per- 
form the  duties  of  the  Lieutenant-Governor  until  the  vacancy  is  filled 
or  the  disa])ility  removed. 

Sec.  14.  In  case  of  the  failure  to  qualify  in  his  office,  death,  resig- 
nation, absence  from  the  State,  impeachment,  conviction  of  treason, 
felony  or  other  infamous  crime,  or  disqualification  from  any  cause,  of 
both  Governor  and  Lieutenant-Governor,  the  duties  of  the  Governor 
shall  devolve  upon  the  president  of  the  Senate  pro  tempore,  until  such 
disqualification  of  either  the  Governor  or  Lieutenant-Governor  be 
removed,  or  the  vacancy  filled ;  and  if  the  })resident  of  the  Senate,  for 
any  of  the  above  named  causes,  shall  l)ecome  incapable  of  performing 
the  duties  of  (rovernor.  the  same  sliall  devolve  upon  tlie  speaker  of 
the  House. 

Sec.  15.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by 
the  Secretary  of  State  and  used  by  him  officially,  and  shall  be  called 
"'  The  great  seal  of  the  State  of  Idaho."  The  seal  of  the  Territory  of 
Idaho,  as  now  used,  shall  be  the  seal  of  the  State  until  otherwise 
provided  by  law. 

Sec.  1(>.  All  grants  and  permissions  shall  be  in  the  name  and  by 
the  authority  of  the  State  of  Idaho,  sealed  with  the  great  seal  of  the 
State,  signed  bv  the  Governor,  and  countersigned  by  the  Secretary 
of  State. 


928  Idaho— 1889 

Sec.  17.  An  account  shall  be  kopt  by  tlio  officers  of  the  executive 
department  and  of  all  public  institutions  of  the  State  of  all  moneys 
received  by  them  severally,  from  all  sources,  and  for  every  service 
perforined,  and  of  all  moneys  disbursed  by  them  severally,  and 
a  semi-annual  report  thereof  shall  be  made  to  the  Governor,  under 
oath;  they  shall  also,  at  least  twenty  days  preceding  each  regular 
session,  of  the  Legislature,  make  full  and  complete  reports  of  their 
official  transactions  to  the  Governor,  who  shall  transmit  the  same  to 
the  Legislature. 

Sec.  18.  The  Governor,  Secretary  of  State,  and  Attorney-General 
shall  constitute  a  board  of  State  prison  commissioners,  which  board 
shall  have  such  supervision  of  all  matters  connected  with  the  State 
prison  as  may  be  prescribed  by  law.  They  shall  also  constitute  a 
board  of  examiners,  with  power  to  examine  all  claims  against  the 
State,  except  salaries  or  compensation  of  officers  fixed  b}^  law,  and 
perform  such  other  duties  as  may  be  prescribed  by  law.  And  no 
claim  against  the  State,  except  salaries  and  compensation  of  officers 
fixed  by  law,  shall  be  passed  upon  by  the  Legislature  without  first 
having  been  considered  and  acted  upon  by  said  board. 

Sec.  10.  The  Governor,  Secretary  of  State,  State  Auditor,  State 
Treasurer,  Attorney-General,  and  Superintendent  of  Public  Instruc- 
tion shall,  quarterly  as  due,  during  their  continuance  in  office,  receive 
for  their  services  compensation,  which  for  the  term  next  ensuing  after 
the  adoption  of  this  Constitution,  is  fixed  as  follows :  Governor,  three 
thousand  dollars  per  annum ;  Secretary  of  State,  one  thousand  eight 
hundred  dollars  per  annum ;  State  Auditor,  one  thousand  eight  hun- 
dred dollars  per  annum;  State  Treasurer,  one  thousand  dollars  per 
annum;  Attorney-General,  two  thousand  dollars  per  annum;  and 
Superintendent  of  Public  Instruction,  one  thousand  five  hundred 
dollars  per  annum.  The  Lieutenant-Governor  shall  receive  the  same 
per  diem  as  may  be  provided  by  law  for  the  speaker  of  the  House  of 
Representatives,  to  be  allowed  only  during  the  session  of  the  Legis- 
lature. The  compensations  enumerated  shall  be  in  full  for  all  services 
by  said  officers  respectiveh',  rendered  in  any  official  capacity  or 
employment  whatever  during  their  respective  terms  of  office. 

Xo  officer  named  in  this  section  shall  receive  for  the  performance  of 
any  official  duty  any  fee  for  his  own  use,  but  all  fees  fixed  by  law  for 
the  perfornumce  by  either  of  them  of  any  official  duty  shall  be  col- 
lected in  advance  and  deposited  with  the  State  Treasurer  quarterly 
to  the  credit  of  the  State.  The  Legislature  may,  by  law.  diminish  or 
increase  the  compensation  of  any  or  all  of  the  officers  named  in  this 
section,  but  no  such  diminution  or  increase  shall  afi'ect  the  salaries  of 
the  officers  then  in  office  during  their  term.  Provided^  ho  we  re  r,  The 
Legislature  may  provide  for  the  payment  of  actual  and  necessary 
expenses  to  the  Governor,  Lieutenant-Governor,  Secretary  of  State, 
Attorne3^-General,  and  Superintendent  of  Public  Instruction,  while 
traveling  within  the  State  in  the  performance  of  official  duty. 

Article  V 

JUDICIAL   DEPARTMENT 

Section  1.  The  distinctions  between  actions  at  law  and  suits  in 
equity,  and  the  forms  of  all  such  actions  and  suits,  are  hereby  pro- 
hibited :  and  there  shall  be  in  this  State  but  one  form  of  action  for  the 


Idaho— 1889  929 

(^iforcement  or  protection  of  private  rio;lits  or  the  redress  of  private 
wrongs,  whicli  shall  be  denominated  a  civil  action;  and  every  action 
prosecuted  by  the  people  of  the  State  as  a  jjarty  against  a  person 
charged  with  a  public  otfense  for  the  punishment  of  the  same,  shall 
be  termed  a  criminal  action. 

Feigned  issues  are  prohibited,  and  the  fact  at  issue  shall  be  tried  l)y 
order  of  court  before  a  jury. 

Sec.  2.  The  judicial  poAver  of  the  State  shall  be  vested  in  a  court 
for  the  trial  of  impeachments,  a  supreme  court,  district  courts,  probate 
courts,  courts  of  justices  of  the  peace,  and  such  other  courts  inferior 
to  the  supreme  court  as  may  be  established  by  law  for  any  incorpo- 
rated city  or  town. 

Sec.  8.  The  court  for  the  trial  of  impeachments  shall  be  the  senate. 
A  majorit}'  of  the  members  elected  shall  be  necessary  to  a  quorum, 
and  the  judgment  shall  not  extend  beyond  removal  from,  and  dis- 
qualification to  hold  office  in  this  State ;  but  the  party  shall  be  liable 
to  indictment  and  punishment  according  to  law. 

Sec.  4.  The  house  of  representatives  solely  shall  have  the  ])ower  of 
impeachment.  Xo  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  senators  elected.  When  the  Governor  is  im- 
peached the  Chief  Justice  shall  preside. 

Sec.  5.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
Xo  person  shall  be  convicted  of  treason  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  on  confession  in  open  court. 
Xo  conviction  of  treason  or  attainder  shall  work  corruption  of  blood 
or  forfeiture  of  estate. 

Sec.  G.  The  supreme  court  shall  consist  of  three  Justices,  a  majority' 
of  whom  shall  be  necessary  to  make  a  quorum  or  pronounce  a  decision. 
The  Justices  of  the  supreme  court  shall  be  elected  by  the  electors  of 
the  State  at  large.  The  terms  of  office  of  the  justices  of  the  supreme 
court,  except  as  in  this  article  otherwise  provided,  shall  be  six  years. 
The  Justices  of  the  supreme  court  shall,  immediatel}^  after  the  first 
electioji  under  this  Constitution,  be  selected  by  lot,  so  that  one  shall 
hold  his  office  for  the  term  of  two  years,  one  for  the  term  of  four 
years,  and  one  for  the  term  of  six  years.  The  lots  shall  be  drawn  b}'^ 
the  Justices  of  the  supreme  court,  who  shall,  for  that  purpose, 
assemble  at  the  seat  of  government,  and  they  shall  cause  the  result 
thereof  to  be  certified  to  by  the  Secretary  of  State  and  filed  in  his 
office.  The  Justice  having  the  shortest  term  to  serve,  not  holding 
his  office  by  appointment  or  election  to  fill  a  vacancy,  shall  be  the 
Chief  Justice,  and  shall  preside  at  all  terms  of  the  supreme  court, 
and,  in  case  of  his  absence,  the  Justice  having  in  like  manner  the 
next  shortest  term  to  serve  shall  preside  in  his  stead. 

Sec.  7.  Xo  .Justice  of  the  supreme  court  shall  be  eligible  to  any 
othei-  otiicc  of  trust  or  profit  under  the  laws  of  this  State  during  the 
term  for  which  he  Avas  elected. 

Sec.  8.  At  least  four  terms  of  the  supreme  court  shall  be  held 
annually;  two  terms  at  the  seat  of  State  government,  and  two  terms 
at  the  city  of  Lewiston,  in  Xez  Perce  County.  In  case  of  epidemic, 
pestilence,  or  destruction  of  court  houses,  the  Justices  may  hold  the 
terms  of  the  supreme  court  i)rovided  by  this  section  at  other  con- 
venient places,  to  be  fixed  l)y  a  niaj(U-ity  of  said  Justices.  After  six 
years  the  Legislature  may  alter  the  provisions  of  this  section. 


930  Idaho— 1889 

Sec.  0.  The  supreme  court  shall  have  jurisdiction  to  review,  upoH 
appeal,  any  decision  of  the  disti'ict  courts,  or  the  iud<>('s  thereof.  The 
supreme  court  shall  also  ha\'c  ori<>inaI  jurisdiction  to  issue  writs  of 
mandanuis,  certiorari,  ])rohibition,  and  habeas  corpus,  and  all  writs 
necessary  or  proper  to  the  complete  exercise  of  its  appellate 
jurisdiction. 

Sec.  10.  The  supreme  court  shall  have  original  jurisdiction  to  hear 
claims  against  the  State,  but  its  decision  shall  be  merely  recom- 
mendatory; no  process  in  the  nature  of  execution  shall  issue  thereon; 
they  shall  be  reported  to  the  next  session  of  the  Legislature  for  its 
action. 

Sec.  11.  The  State  shall  be  divided  into  five  judicial  districts,  for 
each  of  which  a  judge  shall  be  chosen  by  the  qualified  electors 
thereof,  Avhose  term  of  office  shall  be  four  years.  And  there  shall 
be  held  a  district  court  in  each  county,  at  least  twice  in  each  year, 
to  continue  for  such  time  in  each  county  as  may  be  prescribed  by 
law;  but  the  Legislature  may  reduce  or  increase  the  number  of  dis- 
tricts, district  judges,  and  district  attorneys.  This  section  shall  not 
be  construed  to  prevent  the  holding  of  special  terms  under  such  reg- 
ulations as  may  be  provided  by  law. 

Sec.  12.  Every  judge  of  the  district  court  shall  reside  in  the  district 
for  which  he  is  elected,  A  judge  of  any  district  court  may  hold  a 
district  court  in  any  county  at  the  request  of  the  judge  of  the  district 
court  thereof,  and  upon  the  request  of  the  Governor  it  shall  be  his 
duty  to  do  so;  but  a  cause  in  the  district  court  may  be  tried  by  a 
judge  pro  tempore,  who  must  be  a  member  of  the  bar,  agreed  upon  in 
writing  by  the  parties  litigant,  or  their  attorneys  of  record,  and  sworn 
to  try  the  cause. 

Sec.  13.  The  Legislature  shall  have  no  power  to  deprive  the  judicial 
department  of  any  power  or  jurisdiction  which  rightfully  pertains  to 
it  as  a  co-ordinate  department  of  the  government ;  but  the  Legislature 
shall  provide  a  proper  system  of  appeals,  and  regulate  by  laAv,  when 
necessary,  the  methods  of  proceeding  in  the  exercise  of  their  powers 
of  all  the  courts  below  the  supreme  court,  so  far  as  the  same  may  be 
done  without  conflict  with  this  Constitution. 

Sec.  14.  The  Legislature  may  provide  for  the  establishment  of 
special  courts  for  the  trial  of  misdemeanors  in  incorporated  cities  and 
towns  where  the  same  may  be  necessary. 

Sec.  15.  The  clerk  of  the  supreme  court  shall  be  appointed  by  the 
court,  and  shall  hold  his  office  during  the  pleasure  of  the  court.  He 
shall  receive  such  compensation  for  his  services  as  may  be  provided 
by  law. 

Sec,  16.  A  clerk  of  the  district  court  for  each  county  shall  be 
elected  by  the  qualified  voters  thereof  at  the  time  and  in  the  manner 
prescribed  by  law  for  the  election  of  members  of  the  Legislature,  and 
shall  hold  his  office  for  the  term  of  four  years. 

Sec,  it.  The  salary  of  the  Justices  of  the  supreme  court,  until 
otherwise  provided  by  the  Legislature,  shall  be  three  thousand  dollars 
each  per  annum,  and  the  salary  of  the  judges  of  the  district  court, 
until  otherwise  provided  by  the  Legislature,  shall  be  three  thousand 
dollars  each  per  annum,  and  no  Justice  of  the  supreme  court,  or  judge 
of  the  district  court,  shall  be  paid  his  salary,  or  am^  part  thereof, 


Idaho— 1889  931 

unless  he  shall  have  first  taken  and  subscribed  an  oath  that  there  is 
not  in  his  hands  any  matter  in  controversy  not  decided  by  him  which 
had  been  finally  submitted  for  his  consideration  and  determination, 
thirty  days  prior  to  the  taking-  and  subscribino:  snch  oath. 

Sec.  18.  A  district  attorney  shall  l)e  elected  for  each  judicial  dis- 
trict by  the  qualified  electors  thereof,  who  shall  hold  office  for  the 
term  of  four  years,  and  perform  such  duties  as  may  be  prescribed  by 
law.  He  shall  be  a  practicing  attorney  at  law  and  a  resident  and 
elector  of  the  district.  He  shall  receive  as  compensation  for  his 
services  twenty-five  hundred  dollars  per  annum. 

Sec.  19.  All  vacancies  occurring  in  the  offices  provided  for  by  this 
article  of  the  Constitution  shall  be  filled  as  provided  by  law. 

Sec.  20.  The  district  court  shall  have  original  jurisdiction  in  all 
cases,  both  at  law  and  in  equity,  and  such  appellate  jurisdiction  as 
may  be  conferred  by  law. 

Sec.  21.  The  probate  courts  shall  be  courts  of  record,  and  shall  have 
original  jurisdiction  in  all  matters  of  probate,  settlement  of  estates 
of  deceased  persons,  and  appointment  of  guardians;  also  jurisdiction 
to  hear  and  determine  all  civil  cases  wherein  the  debt  or  damage 
claimed  does  not  exceed  the  sum  of  five  hundred  dollars,  exclusive  of 
interest,  and  concurrent  jurisdiction  Avith  justices  of  the  peace  in 
criminal  cases. 

Sec.  22.  In  each  county  of  this  State  there  shall  l)e  elected  justices 
of  the  i^eace  as  prescribed  by  law.  Justices  of  the  peace  shall  have 
such  jurisdiction  as  may  be  conferred  by  law,  but  they  shall  not  have 
jurisdiction  of  an}^  cause  wherein  the  value  of  the  propertv  or  the 
amount  in  controvers}'  exceeds  the  sum  of  three  hundred  dollars, 
exclusive  of  interest,  nor  where  the  boundaries  or  title  to  any  real 
property  shall  be  called  in  question. 

Sec.  28.  No  person  shall  be  eligible  to  the  office  of  district  judge 
unless  he  be  learned  in  the  law,  thirty  years  of  age,  and  a  citizen  of 
the  United  States,  and  shall  have  resided  in  the  State  or  Territory 
at  least  two  years  next  preceeding  his  election,  nor  unless  he  shall  have 
been  at  the  time  of  his  election,  an  elector  in  the  judicial  district  for 
which  he  is  elected. 

Sec,  24.  Until  otherwise  provided  by  law,  the  judicial  districts 
shall  be  five  in  number,  and  constituted  of  the  following  counties, 
viz:  First  district,  Shoshone  and  Kootenai;  second  district,  Latah, 
Xez  Perce,  and  Idaho;  third  district,  Washington,  Ada,  Boise,  and 
Owyhee;  fourth  district,  Uassia,  Elmore,  Logan,  and  Alturas;  fifth 
district.  Bear  T^ake,  Bingham.  Oneida,  Lemhi,  and  Custer. 

Sec.  25.  The  judges  of  the  district  courts  shall,  on  or  before  the  first 
day  of  July  in  each  year,  rei)ort  in  writing  to  the  Justices  of  the 
supreme  court,  such  defects  or  omissions  in  the  laws  as  their  knowl- 
edge and  experience  may  suggest,  and  the  Justices  of  the  supreme 
court  shall,  on  or  l)efore  the  first  day  of  December  of  each  year,  report 
in  writing  to  the  (iovernor,  to  be  by  him  transmitted  to  the  Legisla- 
ture, together  with  his  message,  such  defects  and  omissions  in  the 
Constitution  and  laws  as  they  may  find  to  exist. 

Sec.  2().  All  laws  relating  to  courts  shall  be  general  and  of  uniform 
operation  throughout  the  State,  and  the  organized  judicial  i)owers, 
proceedings,  and  practices  of  all  the  courts  of  the  same  class  or  grad-i. 


932  Idaho— 1889 

so  far  as  regulated  by  law,  and  the  force  and  effect  of  the  proceed- 
ings, judgments,  and  decrees  of  such  courts,  severally,  shall  l)tt 
uniform. 

Sec.  27.  The  Legislature  may  by  law  diminish  or  increase  the  com,- 
pensation  of  any  or  all  the  following  officers,  to-wit :  Governor,  Lieu- 
tenant-Governor, Secretary  of  State,  State  Auditor,  State  Treasurer, 
Attorney-General,  Superintendent  of  I'ublic  Instruction,  commis- 
sioner of  immigration  and  labor.  Justices  of  the  Supreme  Court,  and 
judges  of  the  district  courts  and  district  attorneys;  but  no  diminution 
or  increase  shall  aifect  the  compensation  of  the  officer  then  in  office 
during  his  term:  Provided,  hoioever^  That  the  Legislature  may  pro- 
vide for  the  payment  of  actual  and  necessary  expenses  of  the  Gov- 
ernor, Secretary  of  State,  Attorney-General,  and  Superintendent  of 
Public  Instruction  incurred  while  in  performance  of  official  duty. 

Article  VI 

SUFFRAGE    AND    ELECTIONS 

Sectiox  1.  All  elections  by  the  people  must  be  by  ballot.  An  abso- 
lutely secret  ballot  is  hereby  guaranteed,  and  it  sha-ll  be  the  duty  of 
the  Legislature  to  enact  such  laws  as  shall  carry  this  section  into 
effect. 

Sec.  2.  Except  as  in  this  article  otherwise  provided,  every  male 
citizen  of  the  United  States,  twenty-one  years  old,  who  has  actually 
resided  in  this  State  or  Territory  for  six  months,  and  in  the  county 
where  he  offers  to  vote,  thirty  days  next  preceding  the  day  of  election, 
if  registered  as  provided  by  law,  is  a  qualified  elector;  and  until 
otherwise  provided  by  the  Legislature,  women  who  have  the  qualifica- 
tions prescribed  in  this  article,  may  continue  to  hold  such  school 
offices  and  vote  at  such  school  elections  as  provided  by  the  laws  of 
Idaho  Territoiy. 

Sec.  3.  No  person  is  j^ermitted  to  vote,  serve  as  a  juror,  or  hold 
any  ci\dl  office  who  is  under  guardianship,  idiotic  or  insane,  or  who 
has,  at  any  place,  been  convicted  of  treason,  felony,  embezzlement  of 
the  public  funds,  bartering  or  selling,  or  offering  to  barter  or  sell  his 
vote,  or  purchasing  or  ottering  to  purchase  the  vote  of  another,  or 
other  infamous  crime,  and  who  has  not  been  restored  to  the  rights  of 
citizenship,  or  who,  at  the  time  of  such  election,  is  confined  in  prison 
on  conviction  of  a  criminal  offense,  or  who  is  a  bigamist  or  polyg- 
amist,  or  is  living  in  what  is  known  as  patriarchal,  plural  or  celestial 
marriage,  or  in  violation  of  any  law  of  this  State,  or  of  the  L^nited 
States,  forbidding  any  such  crime;  or  who,  in  any  manner,  teaches, 
advises,  counsels,  aids,  or  encourages  any  person  to  enter  into  bigamy, 
polygamy,  or  such  jDatriarchal,  plural,  or  celestial  marriage,  or  to  live 
in  violation  of  any  such  law,  or  to  commit  any  such  crime :  or  who  is  a 
member  of  or  contributes  to  the  support,  aid,  or  encouragement  of  any 
order,  organization,  association,  corporation  or  society,  which  teaches, 
advises,  counsels,  encourages,  or  aids  any  j^erson  to  enter  into  bigamy, 
polj'^gamy  or  such  patriarchal,  or  plural  marriage,  or  which  teaches 
or  advises  that  the  laws  of  this  State  prescribing  rules  of  civil  con- 
duct, are  not  the  supreme  law  of  the  State:  nor  shall  Chinese,  or 
persons  of  Mongolian  descent,  not  born  in  the  Ignited  States,  nor 
Indians  not  taxed,  who  have  not  severed  their  tribal  relations  and 


Idaho— 1889  933 

adopted  the  habits  of  civilization,  either  vote,  serve  as  jiircrs,  or 
hokl  aiiv  civil  office. 

Sec.  4.  The  Legislature  may  prescribe  qualifications,  limitations, 
and  conditions  for  the  right  of  suti'rage  additional  to  those  prescribed 
in  this  article,  but  shall  never  annul  any  of  the  provisions  in  this 
article  contained. 

Sec.  5.  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  this  State,  or  of  the  United  States, 
nor  while  engaged  in  the  navigation  of  the  waters  of  this  State  or  of 
the  United  States,  nor  while  a  student  of  any  institution  of  learning, 
nor  while  kept  at  any  alms-house  or  other  asylum  at  the  public 
expense. 

Article  VII 

FINANCE    AND    REVENUE 

Section  1.  The  fiscal  year  shall  commence  on  the  second  Monday 
of  January  in  each  year,  unless  otherwise  provided  by  law. 

Sec.  2.  The  Legislature  shall  provide  such  revenue  as  may  be  need- 
ful, by  levying  a  tax  by  valuation,  so  that  every  person  or  corporation 
shall  pay  a  tax  in  proportion  to  the  value  of  his,  her,  or  its  property, 
except  as  in  this  article  hereinafter  otherwise  provided.  The  Legis- 
lature may  also  impose  a  license  tax  (both  upon  natural  persons  and 
upon  corporations,  other  than  municipal,  doing  business  in  this 
State)  ;  also  a  per  capita  tax:  Provided,  The  legislature  may  exempt 
a  limited  amount  of  improvements  upon  land  from  taxation. 

Sec.  3.  The  word  "  property  "  as  herein  used  shall  be  defined  and 
classified  by  law. 

Sec.  4.  The  property  of  the  United  States,  the  State,  counties, 
towns,  cities,  and  other  municipal  corporations  and  public  liln-aries, 
shall  be  exempt  from  taxation. 

Sec.  5.  All  taxes  shall  be  uniform  upon  the  same  class  of  subjects 
within  the  territorial  limits,  of  the  authority  levying  the  tax,  and 
shall  be  levied  and  collected  under  general  laws,  which  shall  prescribe 
such  regulations  as  shall  secure  a  just  valuation  for  taxation  of  all 
property,  real  and  personal:  Prodded^  That  the  Legislature  may 
allow  such  exemptions  from  taxation  from  time  to  time  as  shall  seem 
necessary  and  just,  and  all  existing  exemptions  provided  by  the  laws 
of  the  Territorv,  shall  continue  until  changed  by  the  Legislature  of 
the  State:  Provided  fvrtlier.  That  duplicate  taxation  of  property 
for  the  same  jiurpose  during  the  same  year,  is  herebv  pr()hil)ited. 

Sec.  G.  The  Legislature  shall  not  impose  taxes  tor  the  i)urpose  of 
any  county,  city,  toAvn,  or  other  numicipal  corporation,  but  may  by 
law  invest  in  the  corporate  authorities  thereof,  respectively,  the  power 
to  assess  and  collect  taxes  for  all  purposes  of  such  corporation. 

Sec.  7.  All  taxes  levied  for  State  purposes  shall  be  paid  into  the 
State  Treasury,  and  no  county,  city,  town,  or  other  numicipal  corpora- 
tion, the  inhabitants  thereof,  nor  the  jH-operty  therein,  shall  be  released 
or  discharged  from  their  or  its  proportionate  share  of  taxes  to  be 
levied  for  State  ])uri)oses. 

Sec.  8.  The  power  to  tax  corporations  or  corporate  property,  l)oth 
real  and  personal,  shall  never  be  relin(|uished  or  suspended,  and  all 
corporations  in  this  State  or  doing  business  therein,  shall  be  subject 


934  Idaho— 1889 

to  taxation  for  State,  connty,  school,  municipal,  and  other  purposes, 
on  real  and  personal  j)r()perty  oAvned  oi'  used  by  theui.  aud  not  by  this 
Constitution  exeni})te(l  from  taxation  within  the  territorial  limits  of 
the  authority  levying  the  tax. 

Sec.  9.  The  rate  of  taxation  of  real  and  personal  property  for  State 
purposes  shall  never  exceed  ten  (10)  mills  on  each  dollar  of  assessed 
valuation;  and  if  the  taxable  property  in  the  State  shall  amount  to 
fifty  million  (50,000,000)  dollars  the'rate  shall  not  exceed  five  (5) 
mills  on  each  dollar  of  valuation ;  and  whenever  the  taxable  property 
in  the  State  shall  amount  to  one  hundred  million  ( 100,000.000)  dol- 
lars, the  rate  shall  not  exceed  three  (3)  mills  on  each  dollar  of  valua- 
tion ;  and  whenever  the  taxable  property  in  the  State  shall  amount  to 
three  hundred  million  (300,000,000)  dollars  the  rate  shall  never  there- 
after exceed  one  and  one-half  (1^)  mills  on  each  dollar  of  valuation, 
unless  a  proposition  to  increase  such  rate,  specifying  the  rate  pro- 
posed and  the  time  during  which  the  same  shall  be  levied,  shall  have 
been  submitted  to  the  people  at  a  general  election,  and  shall  have 
received  a  majority  of  all  the  votes  cast  for  and  against  it  at  such 
election. 

Sec.  10.  The  making  of  profit,  directly  or  indirectly,  out  of  vState, 
county,  city,  town,  township,  or  school  district  money,  or  using  the 
same  for  any  purpose  not  authorized  by  law^,  by  any  public  officer, 
shall  be  deemed  a  felony,  and  shall  be  punished  as  provided  by  law. 

Sec.  11.  No  appropriation  shall  be  made,  nor  any  expenditure  au- 
thorized by  the  Legislature,  whereby  the  expenditure  of  the  State 
during  any  fiscal  year  shall  exceed  the  total  tax  then  provided  for  by 
law,  and  applicable  to  such  appropriation  ox  expenditure  unless  the 
Legislature  making  such  appropriation  shall  provide  for  levying  a 
sufficient  tax,  not  exceeding  the  rates  allowed  in  section  nine  (9)  of 
this  article,  to  pay  such  appropriation  or  expenditure  w4thin  such 
fiscal  year.  This  provision  shall  not  apply  to  appropriations  or  ex- 
penditures to  suppress  insurrection,  defend  the  State,  or  assist  in 
defending  the  United  States  in  time  of  war. 

Sec.  1-2.  There  shall  be  a  State  board  of  equalization,  consisting  of 
the  Governor,  Secretary  of  State,  Attorney-General,  State  Auditor, 
and  State  Treasurer,  whose  duties  shall  be  prescribed  by  law.  The 
board  of  county  commissioners  for  the  several  counties  of  the  State, 
shall  constitute  boards  of  equalization  for  their  respective  counties, 
whose  duty  it  shall  be  to  equalize  the  valuation  of  the  taxable  prop- 
erty in  the  county,  under  such  rules  and  regulations  as  shall  be  pre- 
scribed by  law. 

Sec.  13.  No  money  shall  be  drawn  from  the  treasury,  but  in  pursu- 
ance of  appropriations  made  by  law. 

Sec.  14.  No  money  shall  be  drawn  from  the  county  treasuries 
except  upon  the  warrant  of  a  duly  authorized  officer,  in  such  manner 
and  form  as  shall  be  prescribed  by  the  Legislature. 

Sec.  15.  The  Legislature  shall  provide  by  law,  such  a  system  of 
county  finance,  as  shall  cause  the  business  of  the  several  counties  to  be 
conducted  on  a  cash  basis.  It  shall  also  provide  that  whenever  any 
county  shall  have  any  warrants  outstanding  and  unpaid,  for  the  pay- 
ment of  which  there  are  no  funds  in  the  county  treasury,  the  county 
commissioners,  in  addition  to  other  taxes  provided  by  law,  shall  levy 
a  special  tax,  not  to  exceed  ten  (10)  mills  on  the  dollar,  of  taxable 
property,  as  shown  by  the  last  preceding  assessment,  for  the  creation 


Idaho— 1889  935 

of  a  special  fund  for  the  redemption  of  said  warrants;  and  after  the 
\^\\  of  such  special  tax,  all  warrants  issued  before  such  levy  shall  be 
2)aid  exclusively  out  of  said  fund.  All  moneys  in  the  county  treasury 
at  the  end  of  each  fiscal  year,  not  needed  for  current  expenses,  shall  be 
transferred  to  said  redemption  fund. 

Sec.  16,  The  Legislature  shall  pass  all  laws  necessary  to  carry  out 
the  provisions  of  this  article. 

Article  VIII 

PUBLIC    IXDEBTEDNESS    AND    SUBSIDIES 

Section  1.  The  Legislature  shall  not  in  any  manner  create  anv  debt 
or  debts,  liability  or  liabilities,  which  shall  singlj^  or  in  the  aggregate, 
exclusive  of  the  debt  of  the  Territory  at  the  date  of  its  admission  as  a 
State,  exceed  the  sum  of  one  and  one-half  per  centum  upon  the 
assessed  value  of  the  taxable  property  in  the  State,  except  in  case  of 
war,  to  repel  an  invasion  or  suppress  insurrection,  unless  the  same 
shall  be  authorized  by  law  for  some  single  object  or  work  to  be  dis- 
tincth^  specified  therein,  which  law  shall  provide  ways  and  means, 
exclusive  of  loans,  for  the  payment  of  the  interest  of  such  debt  or  lia- 
bility, as  it  falls  due;  and  also  for  the  payment  and  discharge  of  the 
principal  of  such  debt  or  liability,  within  twenty  years  of  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  shall  have  received  a  majority  of  all  the  votes  cast 
for  and  against  it  at  such  election;  and  all  moneys  raised  by  the 
authority  of  such  law,  shall  be  applied  only  to  the  specified  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  county,  or  city 
and  county,  if  one  be  published  therein,  throughout  the  State,  for 
three  months  next  preceding  the  election  at  which  it  is  submitted  to 
the  people.  The  Legislature  may,  at  any  time  after  the  approval  of 
such  law,  by  the  people,  if  no  debt  shall  have  been  contracted  in  pur- 
suance thereof,  repeal  the  same. 

Sec.  2.  The  credit  of  the  State  shall  not,  in  any  manner,  be  given, 
or  loaned  to,  or  in  aid  of  any  individual,  association,  numicipality  or 
corporation ;  nor  shall  tlie  State  directly  or  indirectly,  become  a  stock- 
holder in  any  association  or  corporation. 

Sec.  3.  No  county,  city,  town,  township,  board  of  education,  or 
school  district,  or  other  sub-division  of  the  State,  shall  incur  any 
indebtedness,  or  liability  in  any  manner,  or  for  any  purpose,  exceed- 
ing in  that  year,  the  income  and  revenue  provided  for  it  for  such 
year,  without  the  assent  of  two-thirds  of  the  qualified  electors  thereof, 
voting  at  an  election  to  be  held  for  that  purpose,  nor  unless,  before  or 
at  the  time  of  incurring  such  indebtedness  provision  shall  be  nuide  for 
the  collection  of  an  annual  tax  sufficient  to  pay  the  interest  on  sucli 
indebtedness  as  it  falls  (hie.  and  also  to  constitute  a  sinking  fund  for 
the  payment  of  the  princii)al  thereof,  within  twenty  years  from  the 
time  of  contracting  the  same.  Any  indebtedness  or  liability  incurred 
contrary  to  this  provision  shall  be  void:  Prorided.  That  this  section 
shall  not  be  construed  to  ai)})ly  to  the  ordinary  and  necessary  expenses 
authorized  bv  the  general  laws  of  the  State. 


936  Idaho— 1889 

Sec.  4.  No  county,  city,  town,  township,  l)oar(l  of  odncation,  or 
school  district,  or  other  snb-division,  shall  lend,  or  ple(l<):e  the  credit 
or  faith  thereof  directly  or  indirectly,  in  any  manner,  to,  or  in  aid  of 
any  individual,  association  or  corporation,  for  any  amount  or  for  any 
purpose  whatever,  or  become  responsible  for  any  debt,  contract  or 
liability  of  any  individual,  association  or  corporation  in  or  out  of 
this  State. 

Article  IX 

EDUCATION  AND  SCHOOL  LANDS 

Section  1.  The  stability  of  a  republican  form  of  government  de- 
pending mainly  upon  the  intelligence  of  the  people,  it  shall  be  the 
duty  of  the  Legislature  of  Idaho,  to  establish  and  maintain  a  general, 
uniform  and  thorough  system  of  public,  free  common  schools. 

Sec.  2,  The  general  supervision  of  the  public  schools  of  the  State 
shall  be  vested  in  a  board  of  education,  whose  powers  and  duties  shall 
be  prescribed  by  law;  the  Superintendent  of  Public  Instruction,  the 
Secretary  of  State  and  Attorney-General,  shall  constitute  the  board, 
of  which  the  Superintendent  of  Public  Instruction  shall  be  president. 

Sec.  3.  The  public  school  fund  of  the  State  shall  forever  remain 
inviolate  and  intact;  the  interest  thereon  only  shall  be  expended  in 
the  maintenance  of  the  schools  of  the  State,  and  shall  be  distributed 
among  the  several  counties  and  school  districts  of  the  State  in  such 
manner  as  may  be  prescribed  by  law.  No  part  of  this  fund,  principal 
or  interest,  shall  ever  be  transferred  to  any  other  fund,  or  used  or 
appropriated  except  as  herein  provided.  The  State  Treasurer  shall 
be  the  custodian  of  this  fund,  and  the  same  shall  be  securely  and 
profitably  invested  as  may  be  by  law  directed.  The  State  shall  sup- 
ply all  losses  thereof  that  maj^  in  any  manner  occur. 

Sec.  4.  The  public  school  fund  of  the  State  shall  consist  of  the 
l^roceeds  of  such  lands  as  have  heretofore  been  granted,  or  may  here- 
after be  granted,  to  the  State  by  the  general  government,  known  as 
school  lands,  and  those  granted  in  lieu  of  such ;  lands  acquired  by 
gift  or  grant  from  any  person  or  corporation,  under  any  law  or  grant 
of  the  general  government ;  and  of  all  other  grants  of  land  or  money 
made  to  the  State  from  the  general  government  for  general  educa- 
tional purposes,  or  where  no  other  special  purpose  is  indicated  in 
such  grant ;  all  estates  or  distributive  shares  of  estates  that  may 
escheat  to  the  State;  all  unclaimed  shares  and  dividends  of  any  cor- 
poration incorporated  under  the  laws  of  the  State;  and  all  other 
grants,  gifts,  devises,  or  bequests  made  to  the  State  for  general 
educational  purposes. 

Sec.  5.  Neither  the  Legislature,  nor  any  county,  city,  town,  town- 
ship, school  district,  or  other  public  corporation,  shall  ever  make  any 
appropriation,  or  pay  from  anj^  public  fimd  or  moneys  whatever,  aii}^- 
thing  in  aid  of  any  church  or  sectarian,  or  religious  society,  or  for 
an}^  sectarian  or  religious  purpose,  or  to  help  support  or  sustain  any 
school,  academy,  seminary,  college,  university  or  other  literary  or 
scientific  institution,  controlled  by  any  church  or  sectarian  or  religious 
denomination  whatsoever:  nor  shall  any  grant  or  donation  of  land, 
money  or  other  personal  property  ever  be  made  by  the  State,  or  any 


Idaho— 1889  937 

such  public  corporation,  to  any  church  or  for  any  sectarian  or  religious 
purpose. 

Sec.  6.  No  religious  test  or  qualification  shall  ever  be  required  of 
any  person  as  a  condition  of  admission  into  any  public  educational 
institution  of  the  State,  either  as  teacher  or  student;  and  no  teacher 
or  student  of  an}^  such  institution  shall  ever  be  required  to  attend  or 
participate  in  any  religious  service  whatever.  Xo  sectarian  or  reli- 
gious tenets  or  doctrines  shall  ever  be  taught  in  the  public  schools,  nor 
shall  any  distinction  or  classification  of  pupils  be  made  on  account  of 
race  or  color.  No  books,  papers,  tracts  or  documents  of  a  political, 
sectarian  or  denominational  character  shall  be  used  or  introduced  in 
any  schools  established  under  the  provisions  of  this  article,  nor  shall 
any  teacher  or  any  district  receive  any  of  the  public  school  moneys 
in  which  the  schools  have  not  been  taught  in  accordance  with  the  pro- 
visions of  this  article. 

Sec.  T.  The  Governor,  Superintendent  of  Public  Instruction,  Sec- 
retary of  State,  and  Attorney-General,  shall  constitute  the  State  board 
of  land  commissioners,  who  shall  have  the  direction,  control  and  dis- 
jiosition  of  the  public  lands  of  the  State,  under  such  regulations  as 
may  l:»e  prescribed  l)y  law. 

Sec.  8.  It  shall  be  the  duty  of  the  State  board  of  land  commission- 
ers to  provide  for  the  location,  protection,  sale  or  rental  of  all  the 
lands  heretofore,  or  which  may  hereafter  be,  granted  to  the  State  by 
the  general  government,  under  such  regulations  as  may  be  ])rescribed 
by  law,  and  in  such  manner  as  will  secure  the  maximum  possible 
amount  therefor:  P/'orided,  That  no  school  lands  shall  be  sold  for  less 
than  ten  (10)  dollars  per  acre.  No  laAv  shall  ever  be  passed  by  the 
Legislature  grantiug  any  i)rivileges  to  persons  who  nuiy  have  settled 
upon  any  such  public  lands,  subsequent  to  the  survey  thereof  by  the 
general  government,  by  which  the  amount  to  be  derived  by  the  sale, 
or  other  disposition  of  such  lands,  shall  be  diminished,  directly  or 
indirectly.  The  Legislature  shall,  at  the  earliest  practicable  period, 
provide  by  law  that  the  general  grants  of  land  made  by  Congress  to 
the  State  shall,  be  judiciously  located  and  carefully  preserved  and 
held  in  trust,  subject  to  disposal  at  ])ublic  auction  for  the  use  and 
benefit  of  the  respective  objects  for  which  said  grants  of  land  were 
made,  and  the  Legislature  shall  provide  for  the  sale  of  said  lands 
from  time  to  time,  and  for  the  sale  of  timber  on  all  State  lands,  and 
for  the  faithful  application  of  the  proceeds  thereof  in  accordance  with 
the  terms  of  said  grants:  Provided,  That  not  to  exceed  twenty-five  sec- 
tious  of  school  lands  shall  be  sold  in  any  one  year,  and  to  be  sold  in 
subdivisions  of  not  to  exceed  one  hundred  and  sixty  (1<>0)  acres  to 
any  one  individual,  company  or  corporation. 

Sec.  0.  The  Legishiture  may  require  by  law  that  every  chikl  of 
sufficient  mental  and  physical  ability  shall  attend  the  ])ublic  school 
thi'oughout  the  period  between  the  ages  of  six  and  eighteen  years,  for 
a  time  ecpiivalent  to  three  years,  unless  educated  by  other  means. 

Sec.  10.  The  location  of  the  university  of  Idaho,  as  established  by 
existing  laAvs  is  hereby  confirmed.  All  the  rights,  immunities,  fran- 
chises, and  endowments  heretofore  granted  thereto  by  the  Territory 
of  Idaho  are  hereby  per])etuated  unto  the  said  university.  The 
Kegents  shall  have  the  general  supervision  of  the  university,  and  the 


938  Idaho— 1889 

control  and  direction  of  all  the  funds  of,  and  appropi-iations  to,  the 
university,  under  such  regulations  as  may  be  ])res(;ril)ed  by  law.  Xo 
university  lands  shall  be  sold  for  less  than  ten  dollars  per  acre,  and  in 
subdivisions  not  to  exceed  one  hundred  and  sixty  acres,  to  any  one 
person,  company  or  corporation. 

Sec.  11.  The  permanent  educational  funds,  otlicr  than  funds  arising 
from  the  disposition  of  university  lands  lu'longiuii;  to  tlie  State,  shall 
be  loaned  on  first  mortgage  on  improved  farm  lands  within  the  State, 
or  on  State  or  United  States  bonds,  under  such  regulations  as  the 
Legislature  may  provide:  Proinded^  That  no  loan  shall  be  made  of 
any  amount  of  money  exceeding  one-third  of  the  market  value  of  the 
lands  at  the  time  of  the  loan,  exclusive  of  buildings. 

Article  X 

PUBLIC    INSTITUTIONS 

Section  1.  Educational,  reformatory,  and  penal  institutions,  and 
those  for  the  benefit  of  the  insane,  blind,  deaf  and  dumb,  and  such 
other  institutions  as  the  public  good  may  require,  shall  be  established 
and  supported  by  the  State  in  such  manner  as  may  be  prescribed  by 
law. 

Sec  2.  The  seat  of  government  of  the  State  of  Idaho  shall  be 
located  at  Boise  City  for  twenty  years  from  the  admission  of  the 
State,  after  Avhich  time  the  Legislature  may  provide  for  its  re- 
location, by  submitting  the  question  to  a  vote  of  the  electors  of  the 
State  at  some  general  election. 

Sec.  3.  The  Legislature  may  submit  the  question  of  the  location  of 
the  seat  of  government  to  the  qualified  voters  of  the  State  at  the 
general  election,  then  next  ensuing,  and  a  majority  of  all  the  votes 
upon  said  question  cast  at  said  election  shall  be  necessary  to  determine 
the  location  thereof.  Said  Legislature  shall  also  provide  that  in  case 
there  shall  be  no  choice  of  location  at  said  election  the  question 
of  choice  between  the  two  places  for  which  the  highest  number 
of  votes  shall  have  been  cast  shall  be  submitted  in  like  manner 
to  the  qualified  electors  of  the  State  at  the  next  general  election. 

Sec.  4.  All  property  and  institutions  of  the  Territory,  shall,  upon 
adoption  of  the  Constitution,  become  the  propertv  and  institutions  of 
the  State  of  Idaho. 

Sec  5.  The  Governor,  Secretary  of  State,  and  Attorney-Cxeneral 
shall  constitute  a  board,  to  be  known  as  the  State  prison  connnission- 
ers,  and  shall  have  the  control,  direction  and  management  of  the  ])eni- 
tentiaries  of  the  State.  The  Governor  shall  be  chairman,  and  the 
board  shall  ai3i)oint  a  warden,  who  may  be  removed  at  pleasure. 
The  warden  shall  have  the  power  to  appoint  his  subordinates,  subject 
to  the  approval  of  the  said  board. 

Sec  6.  There  shall  be  appointed  by  the  Governor  three  directors 
of  the  asylum  for  the  insane,  who  shall  be  confirmed  b}^  the  senate. 
They  shall  have  the  control,  direction,  and  management  of  the  said 
asylums,  under  such  regulations  as  the  Legislature  shall  provide,  and 
hold  their  offices  for  a  period  of  two  years.  The  directors  shall  have 
the  appointment  of  the  medical  superintendent,  who  shall  appoint 
the  assistants  with  the  ap})roval  of  the  directors. 


Idaho— 1889  939 

Sec.  7.  The  Legislature  for  sanitary  reasons  may  cause  the  removal 
to  more  suitable  localities  of  any  of  the  institutions  mentioned  in  sec- 
tion one  of  this  article. 

Article  XI 

CORPORATIONS,    PUBLIC    AND    PRIVATE 

Section  1.  All  existing  charters  or  grants  of  special  or  exclusive 
privileges,  under  which  the  cor})orators  or  grantees  shall  not  have 
organized  or  commenced  lousiness  in  good  faith  at  the  tiuic  of  the 
adoption  of  this  Constitution,  shall  thereafter  have  no  validit3\ 

Sec.  2.  No  charter  of  incorporation  shall  be  granted,  extended, 
changed  or  amended  by  special  law,  except  for  such  municipal, 
charitable,  educational,  penal,  or  reformatory  corporations  as  are  or 
may  be.  under  the  control  of  the  State;  but  the  Legislature  shall  pro- 
vide by  general  law  for  the  organization  of  corporations  hereafter 
to  be  created:  Provided,  That  any  such  general  law  shall  be  subject 
to  future  repeal  or  alteration  by  the  Legislature. 

Sec.  3.  The  Legislature  may  provide  by  law  for  altering,  revoking, 
or  annulling  any  charter  of  incorporation  existing  and  revocable  at 
the  time  of  the  adoption  of  this  Constitution,  in  such  manner,  how- 
ever, that  no  injustice  shall  be  done  to  the  corporators. 

Sec.  4.  The  Legislature  shall  provide  by  law  that  in  all  elections  for 
directors  or  managers  of  incorporated  companies,  every  stockholder 
.shall  have  the  right  to  vote  in  person  or  by  proxy,  for  the  number  of 
shares  of  stock  owned  by  him,  for  as  many  persons  as  there  are  di- 
rectors or  managers  to  be  elected,  or  to  cumulate  said  shares,  and  give 
one  candidate  as  many  votes  as  the  number  of  directors  multiplied  by 
the  number  of  his  shares  of  stock,  shall  equal,  or  to  distribute,  them 
on  the  same  principle  among  as  many  candidates  as  he  shall  think 
fit,  and  such  directors  shall  not  be  elected  in  any  other  manner. 

Sec.  5.  All  railroads  shall  be  public  highways,  and  all  railroad, 
transportation,  and  express  comi)anies  shall  be  common  carriers, 
and  subject  to  legislative  control,  and  the  Legislature  shall  have 
power  to  regulate  and  control  by  law,  the  rates  of  charges  for  the 
transportation  of  passengers  and  freight  by  such  companies  or  other 
common  carriers  from  one  point  to  another  in  the  State.  Any  asso- 
ciation or  corporation  organized  for,  the  purpose,  shall  have  the  right 
to  construct  and  operate  a  railroad  between  any  designated  points 
within  this  State,  and  to  connect  within  or  at  the  State  line  with 
raili'oads  of  other  States  and  Territories.  Every  railroad  company 
shall  have  the  right  with  its  road,  to  intersect,  connect  with,  or  cross 
any  other  railroad,  under  such  regulations  as  may  be  i:)rescribed  by 
law,  and  upon  making  due  compensation. 

Sec.  6.  All  individuals,  associations,  and  corj^orations.  similarly 
situated  shall  have  equal  rights  to  have  persons  or  [)roperty  trans- 
ported on  and  over  any  railroad,  transportation,  or  exj^ress  route 
in  this  State,  except  that  preference  may  be  given  to  perishable  prop- 
erty. No  undue  or  unreasonable  discrimination  shall  be  made  in 
charges  or  facilities  for  transportation  of  fivight  or  j)assengers  of 
the  same  class,  by  any  railroad,  or  transportation,  or  express  company, 
between  ])ersons  or  places  within  the  State;  but  excursion  or  coinnni- 
tatioii  tickets  may  be  issued  and  sold  at  special  rates,  provided  such 
7252 — \H)L  2 — 07 5 


940  Idaho— 1889 

rates  are  the  same  to  all  persons.  No  railroad,  or  transportation,  or 
express  ('onii)any  shall  be  allowed  to  charge,  collect  or  receive,  under 
])enalties  which  the  Le<j:islatiire  shall  prescribe,  any  greater  charge  or 
toll  for  the  transportation  of  freight  or  passengers,  to  any  place  or 
station  upon  its  route  or  line,  than  it  charges  for  the  transportation 
of  the  same  class  of  freight  or  passengers  to  any  more  distant  place 
or  station  upon  its  route  or  line  within  this  State.  No  railroad,  ex- 
press, or  transportation  company,  nor  any  lessee,  manager,  or  other 
emjjloyee  thereof,  shall  give  any  preference  to  any  individual,  asso- 
ciation, or  corporation,  in  furnishing  cars  or  motive  power  or  for  the 
transportation  of  money  or  other  express  matter. 

Sec.  T.  No  corporation  other  than  municipal  corporations  in  exist- 
ence at  the  time  of  the  adoption  of  this  Constitution,  shall  have  the 
benefit  of  any  future  legislation,  without  first  filing  in  the  office  of 
the  Secretary  of  State  an  acceptance  of  the  provisions  of  this  Con- 
stitution in  binding  form. 

Sec.  8.  The  right  of  eminent  domain  shall  never  be  abridged,  or 
so  construed  as  to  prevent  the  Legislature  from  taking  the  property 
and  franchise  of  incorporated  companies,  and  subjecting  them  to 
jjublic  use,  the  same  as  property  of  individuals;  and  the  police  powers 
of  the  State  sli^ill  never  be  abridged  or  so  construed  as  to  permit 
corporations  to  conduct  their  business  in  such  manner  as  to  infringe 
the  equal  rights  of  individuals,  or  the  general  well-being  of  the  State. 

Sec  9.  No  corporation  shall  issue  stocks  or  bonds,  except  for  labor 
done,  services  performed,  or  money  or  property  actually  received ; 
and  all  fictitious  increase  of  stock  or  indebtedness  shall  be  void.  The 
stock  of  corporations  shall  not  be  increased  except  in  pursuance  of 
general  law,  nor  without  the  consent  of  the  persons,  holding  a 
majority  of  the  stock,  first  obtained  at  a  meeting,  held  after  at  least 
thirty  days'  notice  given  in  pursuance  of  law. 

Sec.  10.  No  foreign  corporation  shall  do  any  business  in  this  State 
Avithout  having  one  or  more  known  places  of  business,  and,  an  author- 
ized agent  or  agents  in  the  same,  upon  whom  process  may  be  served, 
and  no  company  or  corporation  formed  under  the  laws  of  any  other 
country.  State,  or  Territory,  shall  have  or  be  allowed  to  exercise  or 
enjoy,  within  this  State  any  greater  rights  or  privileges  than  those 
possessed  or  enjoyed  by  corporations  of  the  same  or  similar  .character 
created  under  the  laws  of  this  State. 

Sec.  11.  No  street,  or  other  railroad,  shall  be  constructed  within 
any  city,  town,  or  incorporated  village  without  the  consent  of  the 
local  authorities  having  the  control  of  the  street  or  highway  pro- 
posed to  be  occupied  by  such  street  or  other  railroad. 

Sec.  I'l.  The  Legislature  shall  pass  no  law  for  the  benefit  of  a 
I'ailroad.  or  other  corporation,  or  any  individual  or  association  of 
indivitluals  retroactive  in  its  operation,  or  which  imposes  on  the 
}>eople  of  any  county  or  municipal  subdivision  of  the  State,  a  new 
liability  in  respect  to  transactions  or  considerations  already  past. 

Sec.  13.  Any  association  or  corporation,  or  the  lessees  or  managers 
thereof,  organized  for  the  purpose,  or  any  individual,  shall  have  the 
right  to  construct -and  maintain  lines  of  telegraph  or  telephone  within 
this  State,  and  connect  the  same  with  other  lines;  and  the  Legisla- 
ture shall  by  general  law  of  uniform  operation  provide  reasonable 
reofulations  to  give  full  effect  to  this  section. 


Idaho— 1889  941 

Sec.  14.  If  anj^  railroad,  telegraph,  express,  or  other  corporation, 
organized  under  any  of  the  laws  of  this  State  shall  consolidate  by 
sale  or  otherwise  with  an}-  railroad,  telegraph,  express,  or  other  cor- 
poration organized  under  an}^  of  the  laws  of  any  other  State  or 
Territory,  or  of  the  United  States,  the  same  shall  not  thereby  become 
a  foreign  corporation,  but  the  courts  of  this  State  shall  retain  juris- 
diction over  that  part  of  the  corporate  property  within  the  limits 
of  the  State  in  all  matters  that  may  arise,  as  if  said  consolidation  had 
not  taken  j^lace. 

Sec.  15,  The  Legislature  shall  not  pass  anj^  law  permitting  the 
leasing  or  alienation  of  any  franchise  so  as  to  release  or  relieve  the 
franchise  or  property  held  thereunder  from  any  of  the  liabilities  of 
the  lessor  or  grantor,  or  lessee  or  grantee,  contracted  or  incurred  in 
the  operation,  use,  or  enjoyment  of  such  franchise,  or  any  of  its 
privileges. 

Sec.  1G.  The  term  "  corporation  "  as  used  in  this  article,  shall  be 
held  and  construed  to  include  all  associa-tions  and  joint  stock  com- 
panies having  or  exercising  any  of  the  powers  or  privileges  of  corpo- 
rations not  possessed  by  individuals  or  partnerships. 

Sec.  17,  Dues  from  private  corporations  shall  be  secured  by  such 
means  as  may  be  prescribed  by  law,  but  in  no  case  shall  any  stock- 
holder be  individually  liable  in  any  amount  over  or  above  the  amount 
of  stock  owned  by  him. 

Sec.  18,  That  no  incorporated  compan^^,  or  any  association  of  per- 
sons or  stock  company,  in  the  State  of  Idaho,  shall  directly  or  indi- 
rectly combine  or  make  anj'^  contract  with  any  other  incorporated 
company,  foreign  or  domestic,  through  their  stockholders  or  the  trus- 
tees or  assignees  of  such  stockholders,  or  in  any  manner  whatsoever, 
for  the  purpose  of  fixing  the  j^rice  or  regulating  the  production  of  any 
article  of  commerce  or  of  produce  of  the  soil,  or  of  consumption  by 
the  people ;  and  that  the  Legislature  be  required  to  pass  laws  for  the 
enforcement  thereof,  by  adequate  penalties,  to  the  extent,  if  necessary 
for  that  purpose,  of  the  forfeiture  of  their  property  and  franchise. 

Akiicle  XII 

CORPORATIONS MUNICIPAL 

Section  1.  The  Legislature  shall  provide  by  general  laws  for  the 
incorporation,  organization,  and  classification  of  the  cities  and  towns, 
in  pro])ortion  to  the  population,  which  laws  may  be  altered,  amended, 
or  repealed  by  the  general  laws.  Cities  and  towns  heretofore  incor- 
porated, may  become  organized  under  such  general  hnvs,  whenever  a 
majority  of  the  electors  at  a  general  election,  shall  so  determine,  under 
such  provision  therefor  as  may  be  made  by  the  Legislature. 

Sec.  2.  Any  county  or  incorporated  city  or  town  may  make  and 
enforce,  within  its  limits,  all  such  local,  police,  sanitary,  and  other 
regulations  as  are  not  in  conflict  with  its  charter  or  with  the  general 
laws. 

Sec.  .T  The  State  shall  never  assume  the  debts  of  any  county,  town, 
or  other  niunici]:»a]  cor])()i'ati()n,  unless  such  debts  shall  have  been  cre- 
ated to  repel  invasion,  su2)press  insurrection  or  defend  the  State  in 
war. 


942  .  Idaho— 1889 

Sec.  4.  No  county,  town,  city,  or  other  municipal  corporation,  by 
vote  of  its  citizens  or  otherwise,  shall  ever  become  a  stockholder  in  any 
joint  stock  company,  corporation  or  association  whatever,  or  raise 
money  for,  or  make  donation  or  loan  its  credit  to,  or  in  aid  of,  any 
such  company  or  association:  Promded^  That  cities  and  towns  may 
contract  indebtedness  for  school,  water,  sanitary,  and  illuminating 
purposes:  Provided^  That  any  city  or  town  contracting  such  indebt- 
edness shall  own  its  just  proportion  of  the  property  thus  created,  and 
receive  from  any  income  arising  therefrom,  its  proportion  to  the 
whole  amount  so  invested. 

Article  XIII 

IMMIGRATION   AND   LABOR 

Section  1.  There  shall  be  established  a  bureau  of  immigration, 
labor  and  statistics,  which  shall  be  under  the  charge  of  a  commis- 
sioner of  immigration,  labor  and  statistics,  who  shall  be  appointed 
by  the  Governor,  by  and  with  the  consent  of  the  senate.  The  com- 
missioner shall  hold  his  office  for  tAvo  years,  and  until  his  successor 
shall  have  been  appointed  and  qualified,  unless  sooner  removed.  The 
commissioner  shall  collect  information  upon  the  subject  of  labor,  its 
relation  to  capital,  the  hours  of  labor  and  the  earnings  of  laboring 
men  and  women,  and  the  means  of  promoting  their  material,  social, 
intellectual  and  moral  prosperity.  The  commissioner  shall  annually 
make  a  report  in  writing  to  the  Governor  of  the  State  of  the  informa- 
tion collected  and  collated  by  him,  and  containing  such  recommenda- 
tions as  he  may  deem  calculated  to  promote  the  efficiency  of  the 
bureau. 

Sec.  2.  Not  more  than  eight  (8)  hours'  actual  work  shall  constitute 
a  lawful  day's  work  on  all  State  and  municipal  works. 

Sec.  3.  All  labor  of  convicts  confined  in  the  State's  prison  shall  be 
done  within  the  prison  grounds,  except  where  the  work  is  done  on 
public  works  under  the  direct  control  of  the  State. 

Sec.  4.  The  employment  of  children  under  the  age  of  fourteen  (14) 
years  in  underground  mines  is  prohibited. 

Sec.  5.  No  person,  not  a  citizen  of  the  United  States,  or  who  has 
not  declared  his  intention  to  become  such,  shall  be  employed  upon,  or 
in  connection  with,  any  State  or  municipal  works. 

Sec.  6.  The  Legislature  shall  provide  by  proper  legislation  for  giv- 
ing to  mechanics,  laborers,  and  material  men  an  adequate  lien  on  the 
subject-matter  of  their  labor. 

Sec.  7.  The  Legislature  may  establish  boards  of  arbitration,  whose 
duty  it  shall  be  to  hear  and  determine  all  differences  and  controversies 
between  laborers  and  their  employers  which  may  be  submitted  to 
them  in  writing  by  all  the  parties.  Such  boards  of  arbitration  shall 
possess  all  the  powers  and  authority,  in  respect  to  administering 
oaths,  subpoenaing  witnesses,  and  compelling  their  attendance,  pre- 
serving order  during  the  sittings  of  the  board,  punishing  for  con- 
tempt, and  requiring  the  production  of  papers  and  writings,  and  all 
other  powers  and  privileges,  in  their  nature  applicable,  conferred  b}^ 
law  on  justices  of  the  peace. 

Sec.  8.  The  commissioner  of  immigration,  labor  and  statistics  shall 
perform  such  duties  and  receive  such  compensation  as  may  be  pre- 
scribed bv  law. 


Idaho— 1889  943 

Artjclk  XIV 

MILITIA 

Section  1.  All  able-bodied  male  persons,  residents  of  this  State, 
between  the  ages  of  eighteen  and  forty-five  years,  shall  be  enrolled  in 
the  militia,  and  perform  such  military  duty  as  may  be  required  by 
law ;  but  no  person  having  conscientious  scruples  against  bearing 
arms,  shall  be  compelled  to  perform  such  duty  in  time  of  peace. 
Every  i^erson  claiming  such  exemption  from  service,  shall,  in  lieu 
thereof,  pay  into  the  school  fund  of  the  county  of  which  he  may  be  a 
resident,  an  equivalent  in  money,  the  amount  and  manner  of  payment 
to  be  fixed  by  law. 

Sec.  2.  The  Legislature  shall  provide  by  law  for  the  enrollment, 
equipment  and  discipline  of  the  militia,  to  conform  as  nearly  as  prac- 
ticable to  the  regulations  for  the  government  of  the  armies  of  the 
United  States,  and  pass  such  laws  to  promote  volunteer  organizations 
as  may  afford  them  effectual  encouragement. 

Sec.  3.  All  militia  officers  shall  be  commissioned  by  the  Governor, 
the  manner  of  their  selection  to  be  provided  by  law,  and  may  hold 
their  commissions  for  such  period  of  time  as  the  Legislature  may 
j^rovide. 

Sec.  4.  All  military  records,  banners,  and  relics  of  the  State,  except 
when  in  lawful  use,  shall  be  preserved  in  the  office  of  the  adjutant- 
general  as  an  enduring  memorial  of  the  patriotism  and  valor  of  the 
soldiers  of  Idaho ;  and  it  shall  be  the  duty  of  the  Legislature  to  pro- 
vide by  law  for  the  safe-keeping  of  the  same. 

Sec.  5.  All  military  organizations  under  the  laws  of  this  State  shall 
carry  no  other  device,  banner,  or  flag  than  that  of  the  United  States 
or  the  State  of  Idaho. 

Sec.  6.  No  armed  police  force,  or  detective  agency,  or  armed  body 
of  men,  shall  ever  be  brought  into  this  State  for  the  suppression  of 
domestic  violence,  except  upon  the  application'  of  the  Legislature,  or 
the  executive  when  the  Legislature  cannot  be  convened. 

Article  XV 

WATER    RIGHTS 

Section  1.  The  use  of  all  waters  now  appropriated,  or  that  may 
hereafter  be  appropriated  for  sale,  rental,  or  distribution ;  also  of  all 
water  originally  ap})ropriated  for  private  use,  but  which  after  such 
appropriation  has  heretofore  been,  or  may  hereafter  be  sold,  rented, 
or  distributed,  is  hereby  declared  to  be  a  ])ublic  use,  and  subject  to 
the  regulation  and  control  of  the  State  in  the  manner  prescribed  by 
law. 

Sec.  2.  The  right  to  collect  rates  or  compensation  for  the  use  of 
water  supplied  to  any  county,  city,  or  town,  or  water  district,  or  the 
inhabitants  thereof,  is  a  franchise,  and  can  not  be  exercised  except 
by  authority  of  and  in  the  manner  prescribed  by  law. 

Sec.  3.  The  right  to  divert  and  appropriate  the  unap})roi)riate(l 
waters  of  any  natural  stream  to  beneficial  uses,  shall  never  be  denied. 
Priority  of  appropriation  shall  give  the  better  right  as  between 
those  using  the  water;  but  when  the  waters  of  any  natural  stream  arc 
not  sufficient  for  the  service  of  all  those  desirinjr  the  use  of  the  same. 


944  Idaho— 1889 

those  using  the  water  for  domestic  purposes  shall  (subject  to  such 
liiuitations  as  may  be  prescribed  by  law)  have  the  preference  over 
those  claiming  for  any  other  purpose;  and  those  using  the  water  for 
agricultural  purposes  shall  have  preference  over  those  using  the  same 
for  manufacturing  purposes.  And  in  any  organized  mining  district, 
those  using  the  water,  for  mining  purposes,  or  milling  purposes  con- 
nected with  mining,  shall  have  preference  over  those  using  the  same 
for  manufacturing  or  agricultural  purposes.  But  the  usage  by  such 
subsequent  appropriators  shall  be  subject  to  such  provisions  of  law 
regulating  the  taking  of  private  property  for  public  and  private  use, 
as  referred  to  in  section  fourteen  of  Article  I,  of  this  Constitution. 

Sec.  4.  "Whenever  any  waters  have  been,  or  shall  be,  appropriated 
or  used  for  agricultural  purposes,  under  a  sale,  rental,  or  distribu- 
tion thereof,  such  sale,  rental,  or  distribution  shall  be  deemed  an 
exclusive  dedication  to  such  use ;  and  whenever  such  waters  so  dedi- 
cated shall  have  once  been  sold,  rented,  or  distributed  to  any  person 
who  has  settled  upon  or  improved  land  for  agricultural  purposes 
with  the  view  of  receiving  the  benefit  of  such  water  under  such 
dedication,  such  person,  his  heirs,  executors,  administrators,  suc- 
cessors, or  assigns,  shall  not  thereafter,  without  his  consent,  be 
dei^rived  of  the  annual  use  of  the  same,  when  needed  for  domestic 
purposes,  or  to  irrigate  the  land  so  settled  upon  or  improved,  upon 
payment  therefor,  and  compliance  with  such  equitable  terms  and 
conditions  as  to  the  quantity  used  and  times  of  use,  as  may  be  j)re- 
scribed  by  law. 

Sec.  5.  A^'^lenever  more  than  one  person  has  settled  upon,  or 
improved  land  with  the  view  of  receiving  water  for  agricultural 
l^urposes,  under  a  sale,  rental  or  distribution  thereof,  as  in  the  last 
l^receding  section  of  this  article,  provided,  as  among  such  persons 
priority  in  time  shall  give  superiority  of  right  to  tlie  use  of  such 
water  in  the  numerical  order  of  such  settlements  or  improvements; 
but  whenever  the  supply  of  such  water  shall  not  be  sufficient  to  meet 
the  demands  of  all  those  desiring  to  use  the  same,  such  priority  of 
right  shall  be  subject  to  such  reasonable  limitations  as  to  the  quantity 
of  water  used  and  times  of  use  as  the  Legislature,  having  due  regard, 
both  to  such  priority  of  right  and  the  necessities  of  those  subsequent 
in  time  of  settlement  or  improvement,  may  by  law  prescribe. 

Sec.  6.  The  Legislature  shall  provide  by  law  the  manner  in  which 
reasonable  maximum  rates  may  be  established  to  be  charged  for  the 
use  of  water  sold,  rented  or  distributed  for  any  useful  or  beneficial 
purpose. 

Article  XVI 

live-stock 

Section  1.  The  Legislature  shall  pass  all  necessary  laws  to  pro- 
vide for  the  protection  of  livestock  against  the  introduction  or 
spread  of  pleuro-pneumonia,  glanders,  splenetic  or  Texas  fever,  and 
other  infectious  or  contagious  diseases.  The  Legislature  may  also 
establish  a  system  of  quarantine  or  inspection,  and  such  other  regula- 
tions as  may  be  necessary  for  the  protection  of  stock-owners  and  most 
conducive  to  the  stock  interests  within  this  State. 


Idaho— 1889  945 

Articlk   XVII 


STATE    BOUNDARIES 


Section  1.  The  name  of  this  State  is  Idaho,  and  its  boundaries  are 
as  follows:  Beginning  at  a  point  in  the  middle  channel  of  the  Snake 
river  where  the  northern  boundary  of  Oregon  intersects  the  same; 
then  folloAv  down  the  channel  of  Snake  river  to  a  point  opposite  the 
mouth  of  the  Kooskooskia  or  Clearwater  river;  thence  due  north  to 
the  forty-ninth  parallel  of  latitude;  thence  east  along  that  parallel 
to  the  thirty-ninth  degree  of  longitude  west  of  Washington ;  thence 
south  along  that  degree  of  longitude  to  the  crest  of  the  Bitter  Root 
Mountains;  thence  southward  along  the  crest  of  the  Bitter  Root 
Mountains  till  its  intersection  with  the  Rocky  Mountains;  thence 
southward  along  the  crest  of  the  Rocky  Mountains  to  the  thirty- 
fourth  degree  of  longitude  west  of  Washington ;  thence  south  along 
that  degree  of  longitude  to  the  forty-second  degree  of  north  latitude ; 
thence  west  along  that  parallel  to  the  eastern  boundary  of  the  State 
of  Oregon;  thence  north  along  that  boundary  to  the  place  of  be- 
ginning. 

Article  XVIII 


COUNTY    ORGANIZATION 


Section  1.  The  several  counties  of  the  Territory  of  Idaho  as  they 
now"  exist,  are  hereby  recognized  as  legal  subdivisions  of  this  State. 

Sec.  2,  Xo  county  seat  shall  be  removed  iniless  upon  petition  of  a 
majority  of  the  qualified  electors  of  the  county,  and  unless  two-thirds 
of  the  qualified  electors  of  the  county,  voting  on  the  proposition  at  a 
general  election,  shall  vote  in  favor  of  such  removal.  A  proposition 
of  removal  of  the  county  seat  shall  not  be  submitted  in  the  same 
county  more  than  once  in  six  years,  except  as  provided  by  existing 
laAvs.  Xo  person  shall  vote  at  any  county  seat  election  who  has  not 
resided  in  the  county  six  months,  and  in  the  precinct  ninety  days. 

Sec.  3.  Xo  county  shall  be  divided  unless  a  majority  of  the  qualified 
electors  of  the  territory  j^roposed  to  be  cut  off,  voting  on  the  propo- 
sition at  a  general  election,  shall  vote  in  favor  of  such  division :  Pro- 
vided, That  this  section  shall  not  apply  to  the  creation  of  new 
counties.  Xo  person  shall  vote  at  such  election  who  has  not  been 
ninety  days  a  resident  of  the  territory  proposed  to  be  annexed.  When 
any  part  of  a  county  is  stricken  off  and  attached  to  another  county, 
the  part  stricken  oft"  shall  be  held  to  pay  its  ratable  proportion  of  all 
then  existing  liabilities  of  the  county  from  which  it  is  taken. 

Sec.  4.  Xo  new  county  shall  be  established  which  shall  reduce  any 
county  to  an  area  of  less  than  four  hundred  square  miles,  nor  shall  a 
new  county  be  formed  containing  an  area  of  less  than  four  hundred 
square  miles. 

Sec.  5.  The  Legislature  shall  establish,  subject  to  the  provisions  of 
this  article,  a  system  of  county  governments  which  shall  be  uniform 
throughout  the  State;  and  by  general  laAvs  shall  provide  for  town- 
ship or  precinct  organization. 

Sec.  ().  The  Legislature,  by  general  and  uniform  laws,  shall  i)rovide 
for  the  election  biennially  in  each  of  the  several  counties  of  the  State, 


946  Idaho— 1889 

of  county  commissioners,  a  sheriif,  county  treasurer,  who  is  ex-officio 
public  administrator;  probate  judge,  who  is  ex-officio  county  superin- 
tendent of  public  instruction;  county  assessor,  who  is  ex-officio  tax 
collector;  a  coroner  and  a  surveyor.  The  clerk  of  the  district  court 
shall  be  ex-officio  auditor  and  recorder.  No  other  county  offices  shall 
be  established,  but  the  Legislature  by  general  and  uniform  laws  shall 
provide  for  the  election  of  such  township,  precinct  and  municipal  offi- 
cers as  public  convenience  may  require,  and  shall  prescribe  their 
duties  and  jfix  their  terms  of  office.  The  Legislature  shall  provide 
for  the  strict  accountability  of  county,  township,  precinct  and  munic- 
ipal officers  for  all  fees  which  may  be  collected  by  them,  and  for  all 
public  and  municipal  moneys  which  may  be  paid  to  them,  or  officially 
come  into  their  possession.  The  county  commissioners  may  employ 
counsel  when  necessary.  The  sheriff,  auditor  and  recorder  and  clerk 
of  the  district  court  shall  be  empowered  by  the  county  commissioners 
to  appoint  such  deputies  and  clerical  assistance  as  the  business  of  their 
offices  may  require;  said  deputies  and  clerical  assistance  to  receive 
such  compensation  as  may  be  fixed  by  the  count}'  commissioners.  Xo 
sheriff  or  county  assessor  shall  be  qualified  to  hold  the  term  of  office 
immediately  succeeding  the  term  for  Avhich  he  was  elected. 

Sec,  7.  The  officers  provided  by  section  six  (6)  of  this  article  shall 
receive  annually  as  compensation  for  their  services  as  follows :  Sheriff, 
not  more  than  four  thousand  dollars  and  not  less  than  one  thousand 
dollars,  together  with  such  mileage  as  may  be  prescribed  by  laAv  ;  clerk 
of  the  district  court,  who  is  ex-officio  auditor  and  recorder,  not  more 
than  three  thousand  dollars  and  not  less  than  five  hundred  dollars; 
probate  judge,  who  is  ex-officio  county  superintendent  of  public 
instruction,  not  more  than  two  thousand  dollars  and  not  less  than  five 
hundred  dollars;  county  assessor,  Avho  is  ex-officio  tax  collector,  not 
more  than  three  thousand  dollars  and  not  less  than  five  hundred  dol- 
lars ;  county  treasurer,  who  is  ex-officio  public  administrator,  not  more 
than  one  thousand  dollars,  and  not  less  than  three  hundred  dollars; 
coroner,  not  more  than  five  hundred  dollars;  county  surveyor,  not 
more  than  one  thousand  dollars;  county  commissioners,  such  per 
diem  and  mileage  as  may  be  prescribed  by  law;  and  justices  of  the 
peace  and  constables  such  fees  as  may  be  prescribed  by  law. 

Sec.  8.  The  compensation  provided  in  section  seven  (7)  for  the 
officers  therein  mentioned  shall  be  paid  by  fees  or  commissions,  or 
both,  as  prescribed  by  law.  All  fees  and  commissions  received  by 
such  officers  in  excess  of  the  maximum  compensation  per  annum  pro- 
vided for  each  in  section  seven  (7)  of  this  article  shall  be  paid  to  the 
county  treasurer  for  the  use  and  benefit  of  the  county.  In  case  the 
fees  received  in  any  one  year  by  any  one  such  officers  shall  not  amount 
to  the  minimum  compensation  per  annum  therein  provided,  he  shall 
be  paid  by  the  count}'  a  sum  sufficient  to  make  his  aggregate  annual 
compensation  equal  to  such  minimum  compensation. 

Sec.  9.  The  neglect  or  refusal  of  any  officer  named  in  this  article  to 
account  for  and  pay  into  the  county  treasury  any  money  received  as 
fees  or  compensation  in  excess  of  the  maximum  amount  allowed  to 
such  officer  by  the  provisions  of  this  article,  within  forty  days  after 
the  receipt  of  the  same,  shall  be  a  felony,  and  the  grade  of  the  crime 
shall  be  the  embezzlement  of  public  moneys,  and  be  punishable  as  pro- 
vided for  such  offense. 


Idaho— 1889  947 

Sec.  10.  The  board  of  county  commissioners  shall  consist  of  three 
members,  whose  term  of  office  shall  be  two  years. 

Sec.  11.  County,  township  and  precinct  officers  shall  ])erform  such 
duties  as  shall  be  prescribed  by  law. 

Article  XIX 

APPORTION  :MENT 

Section  1.  Until  otherwise  provided  by  law  the  apportionment  of 
the  two  houses  of  the  Legislature  shall  be  as  follows : 

The  first  senatorial  districts  shall  consist  of  the  county  of  Shoshone, 
and  shall  elect  two  senators. 

The  second  shall  consist  of  the  counties  of  Kootenai  and  Latah,  and 
shall  elect  one  senator. 

The  third  shall  consist  of  the  counties  of  Nez  Perce  and  Idaho,  and 
shall  elect  one  senator. 

The  fourth  shall  consist  of  the  counties  of  Nez  Perce  and  Latah, 
and  shall  elect  one  senator. 

The  fifth  shall  consist  of  the  county  of  Latah,  and  shall  elect  one 
senator. 

The  sixth  shall  consist  of  the  county  of  Boise,  and  shall  elect  one 
senator. 

The  seventh  shall  consist  of  the  county  of  Custer,  and  shall  elect  one 
senator. 

The  eighth  shall  consist  of  the  county  of  Lemhi,  and  shall  elect  one 
senator. 

The  nmth  shall  consist  of  the  county  of  Logan,  and  shall  elect  one 
senator. 

The  tenth  shall  consist  of  the  county  of  Bingham,  and  shall  elect 
one  senator. 

The  eleventh  shall  consist  of  the  counties  of  Bear  Lake,  Oneida 
and  Bingham,  and  shall  elect  one  senator. 

The  twelfth  shall  consist  of  the  counties  of  Owyhee  and  (\issia, 
and  shall  elect  one  senator. 

The  thirteenth  shall  consist  of  the  county  of  Elmore,  and  shall  elect 
one  senator. 

The  fourteenth  shall  consist  of  the  county  of  Alturas,  and  shall 
elect  one  senator. 

The  fifteenth  shall  consist  of  the  county  of  Ada,  and  shall  elect  two 
senators. 

The  sixteenth  shall  consist  of  the  county  of  Washington,  and  shall 
elect  one  senator. 

Sec.  2.  The  several  counties  shall  elect  the  following  members  of 
the  house  of  representatives : 

The  county  of  Ada,  three  members. 

The  counties  of  Ada  and  Elmore,  one  member. 

The  county  of  Alturas,  two  members. 

The  count}^  of  Boise,  two  members. 

The  county  of  Bear  Lake,  (me  member. 

The  county  of  Bingham,  three  members. 

The  county  of  Cassia,  one  member. 

The  count}'  of  Custer,  two  members. 


948  Idaho— 1889 

The  county  of  Elmore,  oue  member. 

The  county  of  Idaho,  one  member. 

The  counties  of  Idaho  and  Xez  Perce,  one  member. 

The  county  of  Kootenai,  one  member. 

The  county  of  Latah,  two  members. 

The  counties  of  Kootenai  and  Latah,  one  member. 

The  county  of  Logan,  two  members. 

The  county  of  Lemhi,  two  members. 

The  county  of  Xez  Perce,  one  member. 

The  count}'  of  Oneida,  one  member. 

The  county  of  Owyhee,  one  member. 

The  county  of  Shoshone,  four  members. 

The  county  of  "Washington,  two  members. 

The  counties  of  Bingham,  Logan  and  Alturas,  one  member. 

Article  XX 

AMENDMENTS 

Section  1.  Any  amendment  or  amendments  to  this  Constitution 
may  be  proposed  in  either  branch  of  the  Legislature,  and  if  the  same 
shall  be  agreed  to  by  two-thirds  of  all  the  members  of  each  of  the  two 
houses,  voting  separately,  such  proposed  amendment  or  amendments 
shall,  with  the  yeas  and  nays  thereon,  be  entered  on  their  journals, 
and  it  shall  be  the  duty  of  the  Legislature  to  submit  such  amendment 
or  amendments  to  the  electors  of  the  State  at  the  next  general  elec- 
tion, and  cause  the  same  to  be  published  without  delay  for  at  least 
six  consecutive  weeks,  prior  to  said  election,  in  not  less  than  one  news- 
paper of  general  circulation  published  in  each  county;  and  if  a 
majority  of  the  electors  shall  ratify'  the  same,  such  amendment  or 
amendments  shall  become  a  part  of  this  Constitution. 

Sec.  2.  If  two  or  more  amendments  are  proposed,  they  shall  be  sub- 
mitted in  such  manner  that  the  electors  shall  vote  for  or  against  each 
of  them  separately. 

Sec.  3.  AMienever  two-thirds  of  the  members  elected  to  each  branch 
of  the  Legislature  shall  deem  it  necessary  to  call  a  convention  to 
revise  or  amend  this  Constitution,  they  shall  recommend  to  the 
electors  to"  vote  at  the  next  general  election  for  or  against  a  conven- 
tion, and  if  a  majority  of  all  the  electors  voting  at  said  election  shall 
have  voted  for  a  couA-ention,  the  Legislature  shall  at  the  next  session 
provide  h\  law  for  calling  the  same ;  and  such  convention  shall  con- 
sist of  a  number  of  members  not  less  than  double  the  numl)er  of  the 
most  numerous  branch  of  the  Legislature. 

Sec.  4.  Any  Constitution  adopted  by  such  convention,  shall  have  no 
validity  until  it  has  been  submitted  to.  and  adopted  by,  the  people. 

Article  XXI 
schedule  and  ordinance 

Section  1.  That  no  inconvenience  may  arise  from  a  change  of  the 
Territorial  government  to  a  permanent  State  government,  it  is 
declared  that  all  writs,  actions,  prosecutions,  claims,  liabilities,  and 
obligations  against  the  Territory  of  Idaho,  of  whatsoever  nature,  and 


Idaho— 1889  949 

rights  of  individuals,  and  of  bodies  corporate,  shall  continue  as  if  no 
change  had  taken  place  in  this  government ;  and  all  process  which 
ma3\  before  the  organization  of  the  judicial  department  imder  this 
Constitution,  be  issued  under  the  authority  of  the  Territory  of  Idaho, 
shall  be  as  valid  as  if  issued  in  the  name  of  the  State. 

Sec.  '1.  All  laws  now  in  force  in  the  Territory  of  Idaho  which  are 
not  repugnant  to  this  Constitution  shall  remain  in  force  until  they 
expire  by  their  own  limitation  or  be  altered  or  repealed  by  the  Legis- 
lature. 

Sec.  3.  All  fines,  penalties,  forfeitures,  and  escheats  accruing  to  the 
Territory  of  Idaho  shall  accrue  to  the  use  of  the  State. 

Sec.  4.  All  recognizances,  bonds,  obligations,  or  other  undertakings 
heretofore  taken,  or  which  may  be  taken  before  the  organization  of 
the  judicial  department  under  this  Constitution,  shall  remain  valid, 
and  shall  pass  over  to  and  may  be  prosecuted  in  the  name  of  the 
State;  and  all  bonds,  obligations,  or  other  undertaking  executed  by 
this  Territory,  or  to  any  other  officer  in  his  official  capacity,  shall  pass 
over  to  the  proj^er  State  authorit3%  and  to  their  successors  in  office,  for 
the  uses  therein  respectively  expressed,  and  may  be  sued  for  and 
recovered  accordingly.  All  criminal  prosecutions  and  ]3enal  actions 
which  have  arisen,  or  which  may  arise  before  the  organization  of  the 
judicial  department  under  this  Constitution,  and  which  shall  then  be 
pending,  mav  be  prosecuted  to  judgment  and  execution  in  the  name 
of  the  State.  ^ 

Sec.  5.  All  officers,  civil. and  military,  now  holding  their  offices  and 
appointments  in  this  Territory  under  the  authority  of  the  United 
States,  or  under  the  authority  of  this  Territory,  shall  continue  to 
hold  and  exercise  their  respective  offices  and  appointments  until  sus- 
pended under  this  Constitution. 

Sec.  G.  This  Constitution  shall  be  submitted  for  adoption  or  rejec- 
tion, to  a  vote  of  the  electors  qualified  by  the  laws  of  this  Territory 
to  vote  at  all  elections  at  an  election  to  be  held  on  the  Tuesday  next 
after  the  first  Monday  in  November,  A.  D.  1889.  Said  election  shall 
be  conducted  in  all  respects  in  the  same  manner  as  provided  by  the 
laws  of  the  Territory  for  general  election,  and  the  returns  thereof 
shall  be  made  and  canvassed  in  the  same  manner  and  by  the  same 
authority  as  provided  in  cases  of  such  general  elections,  and  abstracts 
of  such  returns  duly  certified  shall  be  transmitted  to  the  board  of 
canvassers  now  provided  by  law  for  canvassing  the  returns  of  votes 
for  Delegate  in  Congress.  The  said  canvassing  board  shall  canvass 
the  votes  so  returned  and  certif;\"  and  declare  the  result  of  said  elec- 
tion in  the  same  manner,  as  is  required  by  law  for  the  election  of  said 
Delegate. 

At  the  saidtelection  the  ballots  shall  be  in  the  following  form :  For 
the  Constitution— yes;  no. 

And  as  a  heading  to  each  of  said  ballots  shall  be  ])rinted  on  each 
ballot,  the  following  instructions  to  voters : 

All  persons  who  desire  to  vote  for  the  Constitution,  or  any  of  the 
articles  submitted  to  a  separate  vote,  may  erase  the  word  ''  no."* 

All  persons  who  desire  to  A'ote  against  the  Constitution,  or  against 
any  article  submitted  separately,  may  erase  the  word  "  yes." 

Any  person  may  have  printed  or  written  on  his  ballot  only  the 
words,    "  For    the    Constitution "'    or    "Against    the    Constitution,'' 


950  Idaho— 1889 

and  such  ballots  shall  be  coiuited  for  or  against  the  Constitution 
accordingly. 

Sec.  7.  This  Constitution  shall  take  effect  and  be  in  full  force 
immediately  upon  the  admission  of  the  Territory  as  a  State. 

Sec.  8.  Immediately  upon  the  admission  of  the  Territory  as  a 
State,  the  Governor  of  the  Territory,  or  in  case  of  his  absence  or 
failure  to  act,  the  secretary  of  the  Territory,  or  in  case  of  his  absence 
or  failure  to  act,  the  president  of  this  convention,  shall  issue  a  proc- 
lamation, which  shall  be  published,  and  a  copy  thereof  mailed  to  the 
chairman  of  the  board  of  county  commissioners  of  each  county,  call- 
ing an  election  by  the  people  of  all  State,  district,  county,  township, 
and  other  officers,  created  and  made  elective  by  this  Constitution, 
and  fixing  a  day  for  such  election,  which  shall  not  be  less  than  forty 
days  after  the  date  of  such  proclamation,  nor  more  than  ninety  days 
after  the  admission  of  the  Territory  as  a  State. 

Sec.  9.  The  board  of  commissioners  of  the  several  counties  shall 
thereupon  order  such  election  for  said  day,  and  shall  cause  notice 
thereof  to  be  given,  in  the  manner  and  for  the  length  of  time  provided 
by  the  laws  of  the  Territory  in  cases  of  general  elections  for  Delegate 
to  Congress  and  county  and  other  officers.  Every  qualified  elector  of 
the  Territory,  at  the  date  of  said  election,  shall  be  entitled  to  vote 
thereat.  Said  election  shall  be  conducted  in  all  respects  in  the  same 
manner  as  provided  by  the  laws  of  the  Territory  for  general  elections, 
and  returns  thereof  shall  be  made  and  canvassed  in  the  same  manner 
and  by  the  same  authority  as  provided  in  cases  of  such  general 
election ;  but  returns  for  all  State  and  district  officers  and  members  of 
the  Legislature,  shall  be  made  to  the  canvassing  board  hereinafter 
provided  for. 

Sec.  10.  The  Governor,  Secretary,  Controller,  and  Attorney-Gen- 
eral of  the  Territory,  and  the  president  of  this  convention,  or  a 
majority  of  them,  shall  constitute  a  board  of  canvassers  to  canvass 
the  vote  at  such  elections  for  all  State  and  district  officers  and  mem- 
bers of  the  Legislature.  The  said  board  shall  assemble  at  the  seat  of 
government  of  the  Territory,  on  the  thirtieth  day  after  the  date  of 
such  election  (or  on  the  following  day  if  such  day  fall  on  Sunday), 
and  proceed  to  canvass  the  votes  for  all  State  and  district  officers  and 
members  of  the  Legislature,  in  the  manner  provided  by  the  laws  of 
the  Territory  for  canvassing  the  vote  for  Delegate  to  Congress,  and 
they  shall  issue  certificates  of  election  to  the  persons  found  to  be 
elected  to  said  offices  severalW,  and  shall  make  and  file  with  the 
Secretary  of  the  Territory  an  abstract  certified  by  them,  of  the  num- 
ber of  votes  cast  for  each  person  for  each  of  said  offices,  and  of  the 
total  number  of  votes  cast  in  each  county. 

Sec.  11.  The  canvassing  boards  of  the  several  counties  shall  issue 
certificates  of  election  to  the  several  persons  found  by  them  to  have 
been  elected  to  the  several  county  and  precinct  offices. 

Sec.  12.  All  officers  elected  at  such  election  shall,  within  thirt}^ 
days  after  they  have  been  declared  elected,  take  the  oath  required  by 
this  Constitution,  and  give  the  same  bond  required  b}-  the  law  of  the 
Territory  to  be  given  in  case  of  like  officers  of  the  Territor}^,  district 
or  county,  and  shall  thereupon  enter  upon  the  duties  of  their  respec- 
tive offices ;  but  the  Legislature  may  require  by  law  all  such  officers  to 
give  other  or  further  bonds  as  a  condition  of  their  continuance  in 
office. 


Idaho— 1889  951 

Sec.  13.  All  officers  elected  at  said  election,  shall  hold  their  offices 
until  the  Legislature  shall  provide  by  law,  in  accordance  with  this 
Constitution,  for  the  election  of  their  successors,  and  until  such  suc- 
cessors shall  be  elected  and  qualified. 

Sec.  14.  The  Governor-elect  of  the  State,  immediately  upon  his 
qualifying  and  entering  upon  the  duties  of  his  office,  shall  issue  his 
l^roclamation  convening  the  Legislature  of  the  State  at  the  seat  of 
government  on  a  day  to  be  named  in  said  proclamation  and  which 
shall  not  be  less  than  thirty  nor  more  than  sixty  days  after  the  date 
of  such  proclamation.  Within  ten  days  after  the  organization  of  the 
Legislature  both  houses  of  the  Legislature  shall  then  and  there  pro- 
ceed to  elect,  as  provided  by  law,  two  Senators  of  the  United  States 
for  the  State  of  Idaho.  At  said  election,  the  two  persons  who  shall 
receive  the  majority  of  all  the  votes  cast  by  said  senators  and  repre- 
sentatives, shall  be  elected  as  such  United  States  Senators,  and  shall 
be  so  declared  by  the  presiding  officers  of  said  joint  session.  The 
presiding  officers  of  the  senate  and  house,  shall  issue  a  certificate  to 
each  of  said  senators,  certifying  his  election,  which  certificates  shall 
also  be  signed  by  the  Governor  and  attested  by  the  Secretary  of  State. 

Sec.  15.  The  Legislature  shall  pass  all  necessary  laws  to  carry  into 
etfect  the  provisions  of  this  Constitution. 

Sec.  1G.  Whenever  any  two  of  the  judges  of  the  supreme  court  of 
the  State,  elected  under  the  provisions  of  this  Constitution,  shall  have 
(Qualified  in  their  offices,  the  causes  then  pending  in  the  supreme  court 
of  the  Territory,  and  the  papers,  records,  and  proceedings  of  said 
court,  and  the  seal  and  other  property  pertaining  thereto,  shall  pass 
into  the  jurisdiction  and  possession  of  the  supreme  court  of  the  State; 
and  until  so  superceded  the  supreme  court  of  the  Territory  and  the 
judges  thereof  shall  continue,  with  like  powers  and  jurisdiction,  as  if 
this  Constitution  had  not  been  adopted.  Whenever  the  judge  of  the 
district  court  of  any  district,  elected  under  the  provisions  of  this  Con- 
stitution, shall  have  qualified  in  office,  the  several  causes  then  pending 
in  the  district  court  of  the  Territory-,  within  any  count}^  in  such  dis- 
trict, and  the  records,  papers,  and  proceedings  of  said  district  court, 
and  the  seal  and  other  property  pretaining  thereto,  shall  pass  into  the 
jurisdiction  and  possession  of  the  district  court  of  the  State  for  such 
count}' ;  and  until  the  district  courts  of  this  Territory  shall  be  super- 
ceded in  the  manner  aforesaid  the  said  district  courts  and  the  judges 
thereof  shall  continue  with  the  same  jurisdiction  and  power  to  be 
exercised  in  the  same  judicial  districts  respectively,  as  heretofore 
constituted  under  the  laAvs  of  the  Territory. 

Sec.  17.  Until  otherwise  provided  by  law,  the  seals  now  in  use  in 
the  supreme  and  district  courts  of  this  Territory  are  hereby  declared 
to  be  the  seals  of  the  supreme  and  district  courts,  respectivel5%  of  the 
State. 

Sec.  18.  Whenever  this  Constitution  shall  go  into  elfect,  the  books, 
records,  and  papers,  and  proceedings  of  the  probate  court  in  each 
county,  and  all  causes  and  matters  of  administration  and  other  mat- 
ters pending  therein,  shall  pass  into  the  jurisdiction  and  possession 
of  the  probate  court  of  the  same  county  of  the  State,  and  the  said 
probate  court  shall  proceed  to  final  decree  or  judgment,  order,  or 
other  determination  in  the  said  several  matters  and  causes  as  the  said 
prol^ate  court  might  have  done  as  if  this  Constitution  had  not  been 
adopted. 


952  Idaho— 1889 

Sec.  10,  It  is  ordained  by  the  State  of  Idaho  that  perfect  toleration 
of  religious  sentiment  shall  be  secured,  and  no  inhabitant  of  said 
State  shall  ever  be  molested  in  person  or  property  on  account  of  his 
or  her  mode  of  religious  worship.  And  the  jieople  of  the  State  of 
Idaho  do  agree  and  declare  that  ^ve  forever  disclaim  all  riglit  and 
title  to  the  unappropriated  public  lands  lying  within  the  boundaries 
thereof,  and  to  all  lands  lying  within  said  limits,  owned  or  held  by 
any  Indians  or  Indian  tribes;  and  until  the  title  thereto  shall  have 
been  extinguished  by  the  United  States,  the  same  shall  be  subject  to 
the  disposition  of  the  United  States,  and  said  Indian  lands  shall 
remain  under  the  absolute  jurisdiction  and  control  of  the  Congress  of 
the  United  States;  that  the  lands  belonging  to  citizens  of  the  United 
States,  residing  without  the  said  State  of  Idaho,  shall  never  be  taxed 
at  a  higher  rate  than  the  lands  belonging  to  the  residents  thereof. 
That  no  taxes  shall  be  imposed  by  the  State  on  tlie  lands  or  property 
therein  belonging  to,  or  which  may  hereafter  be  purchased  by,  the 
United  States,  or  reserved  for  its  use.  And  the  debts  and  liabilities 
of  this  Territory  shall  be  assumed  and  paid  by  the  State  of  Idaho. 
That  this  ordinance  shall  be  irrevocable,  without  the  consent  of  the 
United  States  and  the  people  of  the  State  of  Idaho. 

Sec.  20.  That  in  behalf  of  the  people  of  Idaho,  we,  in  convention 
assembled,  do  adopt  the  Constitution  of  the  United  States. 

Done  in  open  convention,  at  Boise  City,  in  the  Territory  of  Idaho, 
this  sixth  day  of  August,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  eighty-nine. 

Wm.  .H.  Clagett,  President. 


AMENDMENTS 
The  following  amendments  to  the  Constitution  have  been  adopted : 

Article  V 

Sec.  18.  A  prosecuting  attorney  shall  be  elected  for  each  organised 
county  in  the  state,  by  the  qualified  electors  of  such  county,  and  shall 
hold  office  for  the  term  of  two  years,  and  shall  perform  such  duties 
as  may  be  prescribed  by  law ;  he  shall  be  a  practicing  attorney  at  law, 
and  a  resident  and  elector  of  the  county  for  which  he  is  elected.  He 
shall  receive  as  compensation  for  his  services  a  sum  not  less  than  five 
hundred  dollars  per  annum  nor  more  than  fifteen  hundred  dollars 
per  annum,  to  be  fixed  by  the  board  of  commissioners  of  the  county 
at  its  regular  session  in  July  next  preceding  any  general  election, 
and  to  be  paid  in  quarterly  installments  out  of  the  county  treasury. 

Article  VI 

Sec.  2.  Except  as  in  this  article  otherwise  provided,  every  male  or 
female  citizen  of  the  United  States,  twenty-one  years  old,  who  has 
actually  resided  in  this  state  or  territory  for  six  months,  and  in  the 
county" where  he  or  she  offers  to  vote,  thirty  days  next  preceding  the 
dav  of  election,  if  registered  as  provided  bylaw,  is  a  qualified  elector; 
and  until  otherwise  provided  by  the  legislature,  women  who  have  the 


Idaho— 1889  953 

qualifications  prescribed  in  this  article  may  continue  to  hold  such 
school  offices  and  vote  at  such  school  elections  as  provided  by  the 
laws  of  Idaho  Territory. 

Article  XVIII 

Sec.  4.  No  new  counties  shall  be  established  which  shall  reduce 
any  county  to  an  area  of  less  than  four  hundred  square  miles  nor  the 
valuation  of  its  taxable  property  to  less  than  one  million  dollars. 
Nor  shall  any  new  county  be  formed  which  shall  have  an  area  of  less 
than  four  hundred  square  miles,  and  taxable  property  of  less  than 
one  million  dollars,  as  shown  by  the  last  previous  assessment. 

Sec.  6.  The  legislature  by  general  and  uniform  laws  shall  pro- 
vide for  the  election  bienally  in  each  of  the  several  counties  of  the 
State,  of  county  conmiissioners,  a  sheriff,  a  county  treasurer,  who  is 
ex-officio  public  administrator,  a  probate  judge,  a  county  superin- 
tendent of  public  instruction,  a  county  assessor  who  is  ex-officio  tax 
collector,  a  coroner  and  a  survej^or.  The  clerk  of  the  district  court 
shall  be  ex-officio  auditor  and  recorder.  No  other  count}'  offices 
shall  be  established,  but  the  legislature  by  general  and  uniform  laws 
shall  provide  for  such  township,  precinct  and  municipal  officers  as 
public  convenience  may  require,  and  shall  prescribe  their  duties,  and 
fix  their  terms  of  office.  The  legislature  shall  provide  for  the  strict 
accountability  of  county,  township,  precinct  and  municipal  officers 
for  all  fees  which  may  be  collected  by  them,  and  for  all  public  and 
munici])al  monies  which  may  be  paid  to  them  or  officialh'  come  into 
their  possession.  The  county  commissioners  may  employ  counsel 
when  necessary.  The  sheriff,  auditor  and  recorder,  and  clerk  of  the 
district  court  shall  be  empowered  by  the  county  commissioners  to 
appoint  such  deputies  and  clerical  assistance  as  the  business  of  their 
offices  may  require,  said  deputies  and  clerical  assistants  to  receive 
such  compensation  as  may  be  fixed  by  the  county  commissioners. 
No  sheriff  or  county  assessor  shall  be  qualified  to  hold  the  term  of 
office  immediately  succeeding  the  term  for  which  he  was  elected.  The 
salary  and  qualifications  of  the  county  superintendent  shall  be  fixed 
by  law. 

Sec.  7.  All  county  officers  and  deputies  when  allowed,  shall  receive, 
as  full  compensation  for  their  services,  fixed  annual  salaries,  to  be 
paid  quarterly  out  of  the  county  treasury,  as  other  expenses  are  ])aid. 
All  actual  and  necessary  expenses,  incurred  by  any  county  oilicer  or 
deputy,  in  the  performance  of  his  official  duties,  shall  be  a  legal 
charge  against  the  county,  and  may  be  retained  by  him  out  of  any 
fees,  which  may  come  into  his  hands.  All  fees,  which  may  come  into 
his  hands  from  whatever  source,  over  and  above  his  actual  and 
necessary  expenses,  shall  be  turned  into  a  county  treasury  at  the  end 
of  each  quarter.  He  shall  at  the  end  of  each  quarter,  file  with  the 
clerk  of  the  board  of  county  commissioners,  a  sworn  statement,  accom- 
panied by  i)roper  vouchers,  showing  all  expenses  iucurred  and  all  fees 
received,  which  must  be  audited  by  the  board  as  other  accounts. 

Sec.  0.  The  neglect  or  refusal  of  any  county  officer  or  dejiuty  to. 
account  for  and  pay  into  the  county  treasui'v  any  money  received  as 
fees  or  c<)mi:)ensati()n,  in  excess  of  his  actual  and  necessary  expenses, 
incurred  in  the  performance  of  his  official  duties,  Avithin  ten  days 


954  Idaho— 1889 

after  his  qnartorly  settlement  with  tlie  roiinty,  sliall  h?  a  felony,  and 
the  o;i-ade  of  the  crime  shall  he  eml)ezzlement  of  public  funds,  and 
be  punishable  as  provided  for  such  oll'enses. 

Article  XIII 

Sec.  2.  Not  more  than  eight  (8)  hours  actual  work  shall  constitute 
a  lawful  day's  work  on  all  state  and  municipal  works,  and  the  legis- 
lature shall  pass  laws  to  provide  for  the  health  and  safety  of  em- 
ployes in  factories,  smelters,  mines  and  ore  reduction  works. 


ILLINOIS 


VIRGINIA  ACT  OF  CESSION— 1783  « 

Section  1.  AVhereas  the  Congress  of  the  United  States  did,  by  their 
act  of  the  0th  day  of  September,  in  the  year  1780,  recommend  to  the 
several  States  in  the  Union,  having  chiims  to  waste  and  nnappro- 
priated  lands  in  the  Avestern  country,  a  liberal  cession  to  the  United 
States  of  a  portion  of  their  respective  claims  for  the  common  benefit 
of  the  Union : 

Sec.  2.  And  whereas  this  connnonwealth  did,  on  the  2d  day  of 
January,  in  the  year  1781,  yield  to  the  Congress  of  the  United  States, 
for  the  benefit  of  the  said  States,  all  right,  title,  and  claim  which  the 
said  commonwealth  had  to  the  territory  northwest  of  the  river  Ohio, 
subject  to  the  conditions  annexed  to  the  said  act  of  cession : 

Sec.  3.  And  whereas  the  United  States  in  Congress  assembled  have, by 
their  act  of  the  13th  of  September  last,  stipulated  the  terms  on  which 
they  agree  to  accept  the  cession  of  this  State,  shoidd  the  legislature 
api^rove  thereof,  which  terms,  although  they  do  not  come  fully  up  to 
the  propositions  of  this  commonwealth,  are  conceived,  on  the  whole, 
to  apj:)r()ach  so  nearly  to  them  as  to  induce  this  State  to  accept, 
thereof,  in  full  confidence  that  Congress  will,  in  justice  to  this  State 
for  the  liberal  cession  she  hath  made,  earnestly  press  upon  the  other 
States  claiming  large  tracts  of  waste  and  uncultivated  territory  the 
propriety  of  making  cessions  equally  liberal  for  the  connnon  benefit 
and  support  of  the  Union : 

Be  it  enacted  hy  the  general  asseonhly,  That  it  shall  and  nuiy  be 
hnvful  for  the  delegates  of  this  State  to  the  Congress  of  the  United 
States,  or  such  of  them  as  shall  be  assembled  in  Congress,  and  the 
said  delegates,  or  such  of  them  so  assembled,  are  hereby  fully  author- 
ized and  empowered,  for  and  on  behalf  of  this  State,  bj^  proper  deeds 
or  instrument  in  writing,  under  their  hands  and  seals,  to  convey, 
transfer,  assign,  and  make  over  unto  the  United  States,  in  Congress 
assembled,  for  the  benefit  of  the  said  States,  all  right,  title,  and  claim, 
as  well  of  soil  as  jurisdiction,  which  this  commonwealth  hath  to  the 
territory  or  tract  of  country  within  the  limits  of  the  ^"irginia  char- 
ter, situate,  lying,  and  being  to  the  northwest  of  the  river  Ohio,  sub- 
ject to  the  terms  and  conditions  contained  in  the  before-recited  act 
of  Congress  of  the  13th  day  of  September  last,  that  is  to  say:  Upon 
condition  that  the  territory  so  ceded  shall  be  laid  out  and  formed  into 

"This  act  was  passorl  on  December  20,  ITS.*?,  by  the  IcRislaturo  of  Virginia,  to 
authorize  tlic  (lelcf,'atcs  of  that  State  in  ('on.irrcss  to  convey  to  the  I'nited  States 
all  the  rii^hts  of  that  connnonwealth  to  the  territory  northwest  of  the  river 
Ohio. 

7252— VOL  2—07 6  955 


956  Illinois— 17 83 

States,  containing  a  suitable  extent  of  territory,  not  less  than  one 
hundred  nor  more  than  one  hundred  and  fifty  miles  square,  or  as  near 
thereto  as  circumstances  will  admit;  and  that  the  States  so  formed 
shall  be  distinct  republican  States,  and  admitted  members  of  the 
Federal  Union,  having  the  same  rights  of  sovereignty,  freedom,  and 
independence  as  the  other  States;  that  the  necessary  and  reasonable 
expenses  incurred  by  this  State  in  subduing  any  British  posts,  or  in 
maintaining  forts  or  garrisons  within  and  for  the  defence,  or  in  ac- 
quiring any  part  of  the  territory  so  ceded  or  relinquished,  shall  be 
fully  reimbursed  by  the  United  States;  and  that  one  connnissioner 
shall  be  appointed  by  Congress,  one  by  this  connnonwealth,  and 
another  by  those  two  commissioners,  who,  or  a  majority  of  them, 
shall  be  authorized  and  empow^ered  to  adjust  and  liquidate  the  ac- 
count of  the  necessary  and  reasonable  expenses  incurred  by  this 
State,  which  they  shall  judge  to  be  comprised  within  the  intent  and 
meaning  of  the  act  of  Congress  of  the  10th  of  October,  1780,  respect- 
ing such  expenses.  That  the  French  and  Canadian  inhabitants,  and 
other  settlers  of  the  Kaskaskies,  Saint  Vincents,  and  the  neighboring 
villages,  who  have  professed  themselves  citizens  of  Virginia,  shall 
have  their  possessions  and  titles  confirmed  to  them,  and  be  protected 
in  the  enjoyment  of  their  rights  and  liberties.  That  a  quantity,  not 
exceeding  one  hundred  and  fifty  thousand  acres,  of  land,  promised 
by  this  State,  shall  be  allowed  and  granted  to  the  then  Colonel,  now 
General,  George  Rogers  Clarke,  and  to  the  officers  and  soldiers  of  his 
regiment  who  marched  wdth  him  when  the  posts  of  Kaskaskies  and 
Saint  Vincents  were  reduced,  and  to  the  officers  and  soldiers  that  have 
been  since  incorporated  into  the  said  regiment,  to  be  laid  off  in  one 
tract,  the  length  of  which  not  to  exceed  double  the  breadth,  in  such 
place  on  the  northwest  side  of  the  Ohio  as  a  majority  of  the  officers 
shall  choose,  and  to  be  afterwards  divided  among  the  said  officers  and 
soldiers  in  due  proportion  according  to  the  laws  of  Virginia.  That 
in  case  the  quantity  of  good  lands  on  the  southeast  side  of  the  Ohio, 
upon  the  waters  of  Cumberland  River,  and  between  the  Green  River 
and  Tennessee  River,  which  have  been  reserved  b}''  law  for  the  Vir- 
ginia troops  upon  continental  establishment,  should,  from  the  Xorth 
Carolina  line  bearing  in  further  upon  the  Cumberland  lands  than 
was  expected,  prove  insufficient  for  their  legal  bounties,  the  deficiency 
should  be  made  up  to  the  said  troops  in  good  lands,  to  be  laid  off 
between  the  rivers  Scioto  and  Little  Miami,  on  the  northwest  side  of 
the  river  Ohio,  in  such  proportions  as  have  been  engaged  to  them 
by  the  laAvs  of  Virginia.  That  all  the  lands  within  the  territory  so 
ceded  to  the  United  States,  and  not  reserved  for  or  appropriated  to 
any  of  the  before-mentioned  purposes,  or  disposed  of  in  bounties  to 
the  officers  and  soldiers  of  the  American  Army,  shall  be  considered 
as  a  common  fund  for  the  use  and  benefit  of  such  of  the  United  States 
as  have  become,  or  shall  become  members  of  the  confederation  or 
federal  alliance  of  the  said  States,  Virginia  inclusive,  according  to 
their  usual  respective  pro})ortions  in  the  general  charge  and  expendi- 
ture, and  shall  be  faithfully  and  hona  p'dc  disposed  of  for  that  pur- 
pose, and  for  no  other  use  or  purpose  Avhatsoever:  Provided^  That  the 
trust  hereby  reposed  in  the  delegates  of  this  State  shall  not  be  exe- 
cuted unless  three  of  them,  at  least,  are  present  in  Congress. 


Illinois— 1 784—1 787  957 


DEED  OF  CESSION  FROM  VIRGINIA— 1784 

To  all  who  shall  see  these  presents,  we,  Thomas  JetFerson,  Samuel 
Hardy.  Arthur  Lee,  and  James  iSIonroe,  the  underwritten  delegates 
for  the  commonwealth  of  Yiro^inia  in  the  Congress  of  the  United 
States  of  America,  send  greeting : 

AMiereas  the  general  assembly"  of  the  commonwealth  of  Virginia, 
at  their  sessions  begun  on  the  20th  day  of  October,  1783,  passed  an 
act,  entitled  ''An  act  to  authorize  the  delegates  of  this  State  in  Con- 
gress to  convey  to  the  United  States  in  Congress  assembled  all  the 
right  of  this  commonwealth  to  the  territory  northwestward  of  the 
river  Ohio,  in  these  words  following,  to  wit,"  [here  follows  the  act  of 
cession :] 

And  whereas  the  said  general  assembly,  by  their  resolution  of 
June  6,  1783,  had  constituted  and  appointed  us,  the  said  Thomas 
Jefferson,  Samuel  Hardy,  Arthur  Lee,  and  James  Monroe,  delegates 
to  represent  the  said  commonwealth  in  Congress,  for  one  year  from 
the  first  ]Montlay  in  November  then  next  following,  which  resolution 
remains  in  full  force:  Xow,  therefore,  know  ye,  that  we,  the  said 
Thomas  Jefferson,  Samuel  Hardy,  Arthur  Lee,  and  James  Monroe, 
by  virtue  of  the  power  and  authority  committed  to  us  by  the  act  of 
the  said  general  assembly  of  Virginia  before  recited,  and  in  the  name, 
and  for  and  on  behalf  of,  the  said  commonwealth,  do,  by  these  pres- 
ents, convey,  transfer,  assign,  and  make  over  unto  the  United  States 
in  Congress  assembled,  for  the  benefit  of  the  said  States,  Virginia 
inclusive,  all  right,  title,  and  claim,  as  well  of  soil  as  of  jurisdiction, 
which  the  said  commonwealth  hath  to  the  territory  or  tract  of  coun- 
try within  the  limits  of  the  Virginia  charter,  situate,  laying,  and  being 
to  the  northwest  of  the  river  Ohio,  to  and  for  the  uses  and  j^urposes 
and  on  the  conditions  of  the  said  recited  act.  In  testimony  whereof 
we  have  hereunto  subscribed  our  names  and  affixed  our  seals,  in  Con- 
gress, the  1st  day  of  March,  in  the  year  of  our  Lord  1784,  and  of  the 
Independence  of  the  United  States  the  eighth. 


THE  NORTHWEST  TERRITORIAL  GOVERNMENT— 1787 

[The  Congress  of  the  Confeueration,  .Tli.y   l."..  17871 

All  Ordnance  for  the  ijovernment  of  the  territory  of  the  United  States  northwest 

of  the  river  Ohio 

Be  it  ordained  hi/  the  United  States  in  Congress  assembled.  That 
tlie  said  territory,  for  the  purposes  of  temporary  government,  be  one 
district,  subject,  however,  to  be  divided  into  two  districts,  as  future 
circumstances  may,  in  the  ojMnion  of  Congress,  make  it  expedient. 

Be  it  ordained  by  the  authorifi/  aforesaid.  That  the  estates  both  of 
re^-ident  and  non-resident  proj^rietors  in  the  said  territory,  dying 
intestate,  shall  descend  to,  and  be  distributed  among,  their  children 
and  the  descendants  of  a  deceased  child  in  equal  parts,  the  descend- 
ants of  a  deceased  child  or  grandchild  to  take  the  share  of  their- 
deceased  parent  in  equal  parts  among  them;  and  where  there  shall  be 


958  Illinois— 1787 

no  children  or  descendants,  then  in  equal  parts  to  the  next  of  kin,  in 
equal  degree;  and  among  collaterals,  the  children  of  a  deceased 
brother  or  sister  of  the  intestate  shall  have,  in  equal  parts  among 
them,  their  deceased  parent's  share;  and  there  shall,  in  no  case,  be  a 
distinction  between  kindred  of  the  whole  and  half  l)lood ;  saving  in  all 
cases  to  the  widow  of  the  intestate,  her  third  part  of  the  real  estate  for 
life,  and  one-third  part  of  the  personal  estate;  and  this  law  relative  to 
descents  and  dower,  shall  remain  in  full  force  until  altered  by  the 
legislature  of  the  district.  And  until  the  governor  and  judges  shall 
adopt  laws  as  hereinafter  mentioned,  estates  in  the  said  territory  may 
be  devised  or  bequeathed  by  wills  in  writing,  signed  and  sealed  by  him 
or  her  in  whom  the  estate  may  be  (being  of  full  age)  and  attested  by 
three  witnesses ; — and  real  estates  may  be  conveyed  by  lease  and  release, 
or  bargain  and  sale,  signed,  sealed,  and  delivered  by  the  person,  being 
of  full  age,  in  whom  the  estate  may  be,  and  attested  by  two  witnesses, 
provided  such  wills  be  duly  proved,  and  such  conveyances  be  acknowl- 
edged, or  the  execution  thereof  duly  proved,  and  be  recorded  within 
one  year  after  proper  magistrates,  courts,  and  registers,  shall  be 
appointed  for  that  purpose;  and  personal  property  may  be  trans- 
ferred by  delivery,  saving,  however,  to  the  French  and  Canadian 
inhabitants,  and  other  settlers  of  the  Kaskaskies,  Saint  Vincents,  and 
the  neighboring  villages,  who  have  heretofore  professed  themselves 
citizens  of  Virginia,  their  laws  and  customs  now  in  force  among  them, 
relative  to  the  descent  and  conveyance  of  propert3\ 

Be  it  ordained  hy  the  authority  afoj'esaid,  That  there  shall  be 
appointed,  from  time  to  time,  by  Congress,  a  governor,  whose  com- 
mission shall  continue  in  force  for  the  term  of  three  years,  unless 
sooner  revoked  by  Congress;  he  shall  reside  in  the  district,  and  have 
a  freehold  estate  therein,  in  one  thousand  acres  of  land,  while  in  the 
exercise  of  his  office. 

There  shall  be  appointed  from  time  to  time,  by  Congress,  a  secre- 
tary, whose  commission  shall  continue  in  force  for  four  years,  unless 
sooner  revoked ;  he  shall  reside  in  the  district,  and  have  a  freehold 
estate  therein,  in  five  hundred  acres  of  land,  while  in  the  exercise  of 
his  office.  It  shall  be  his  duty  to  keep  and  preserve  the  acts  and  laws 
passed  by  the  legislature,  and  the  public  records  of  the  district,  and 
the  proceedings  of  the  governor  in  his  executive  department,  and 
transmit  authentic  copies  of  such  acts  and  proceedings  every  six 
months  to  the  secretary  of  Congress.  There  shall  also  be  appointed 
a  court,  to  consist  of  three  judges,  any  two  of  wdiom  to  form  a  court, 
who  shall  have  a  common-law  jurisdiction,  and  reside  in  the  district, 
and  have  each  therein  a  freehold  estate,  in  five  hundred  acres  of  land, 
while  in  the  exercise  of  their  offices ;  and  their  commissions  shall  con- 
tinue in  force  during  good  behavior. 

The  governor  and  judges,  or  a  majority  of  them,  shall  adopt  and 
publish  in  the  district  such  laws  of  the  original  States,  criminal  and 
civil,  as  may  be  necessary,  and  best  suited  to  the  circumstances  of  the 
district,  and  report  them  to  Congress  from  time  to  time,  Avhich  laws 
shall  be  in  force  in  the  district  until  the  organization  of  the  general 
assembly  therein,  unless  disapproved  of  by  Congress;  but  afterwards 
the  legislature  shall  have  authoritv  to  alter  them  as  the}'  shall 
think  fit. 


Illinois— 1787  959 

The  governor,  for  the  time  being,  shall  be  commander-in-chief  of 
the  militia,  appoint  and  commission  all  officers  in  the  same  below  the 
rank  of  general  officers;  all  general  officers  shall  be  appointed  and 
commissioned  by  Congress. 

Previous  to  the  organization  of  the  general  assembly  the  governor 
shall  appoint  such  magistrates,  and  other  civil  officers,  in  each  county 
or  township,  as  he  shall  find  necessary  for  the  preservation  of  the 
peace  and  good  order  in  the  same.  After  the  general  assembly  shall 
be  organized  the  powers  and  duties  of  magistrates  and  other  civil 
officers  shall  be  regulated  and  defined  by  the  said  assembly;  but  all 
magistrates  and  other  civil  officers,  not  herein  otherwise  directed, 
shall,  during  the  continuance  of  this  temporary  government,  be 
appointed  b}^  the  governor. 

For  the  prevention  of  crimes  and  injuries,  the  laws  to  be  adopted 
or  made  shall  have  force  in  all  parts  of  the  district,  and  for  the  execu- 
tion of  i:)rocess,  criminal  and  civil,  the  governor  shall  make  proper 
divisions  thereof;  and  he  shall  proceed,  from  time  to  time,  as  circum- 
stances may  require,  to  lay  out  the  parts  of  the  district  in  which  the 
Indian  titles  shall  have  feeen  extinguished,  into  counties  and  town- 
ships, subject,  however,  to  such  alterations  as  may  thereafter  be  made 
by  the  legislature. 

So  soon  as  there  shall  be  five  thousand  free  male  inhabitants,  of 
full  age,  in  the  district,  upon  giving  proof  thereof  to  the  governor, 
they  shall  receive  authority,  with  time  and  place,  to  elect  representa- 
tives from  their  counties  or  townships,  to  represent  them  in  the  gen- 
eral assembly;  Provided,  That  for  every  five  hundred  free  male 
inhabitants  there  shall  be  one  representative,  and  so  on,  progressively, 
with  the  number  of  free  male  inhabitants,  shall  the  right  of  repre- 
sentation increase,  until  the  number  of  representatives  shall  amount 
to  twenty-five;  after  which  the  number  and  proportion  of  representa- 
tiA'es  shall  be  regulated  by  the  legislature:  Provided,  That  no  person 
be  eligible  or  (qualified  to  act  as  a  representative,  unless  he  shall  have 
been  a  citizen  of  one  of  the  United  States  three  years,  and  be  a  resi- 
dent in  the  district,  or  unless  he  shall  have  resided  in  the  district 
three  years;  and,  in  either  case,  shall  likewise  hold  in  his  own  right, 
in  fee-simple,  two  hundred  acres  of  land  within  the  same:  Provided 
aho,  That  a  freehold  in  fifty  acres  of  land  in  the  district,  having  been 
a  citizen  of  one  of  the  States,  and  being  resident  in  the  district,  or  the 
like  freehold  and  two  years'  residence  in  the  district,  shall  be  neces- 
sary to  (lualify  a  man  as  an  elector  of  a  rei)resen(ative. 

The  rej)resentatives  thus  elected  shall  serve  for  the  term  of  two 
years;  and  in  case  of  the  death  of  a  representative,  or  removal  from 
office,  the  governor  shall  issue  a  writ  to  the  county  or  township,  for 
which  he  was  a  member,  to  elect  another  in  liis  stead,  to  serve  for  the 
residue  of  the  term. 

The  general  assembly,  or  legislature,  sliall  consist  of  the  governor, 
legislative  council,  and  a  house  of  representative.  The  legislative 
council  shall  consist  of  five  members,  to  continue  in  office  five  years, 
unless  sooner  removed  by  Congress;  any  three  of  whom  to  be  a  quo- 
rum: and  the  members  of  the  council  shall  be  nominated  and 
appointed  in  the  following  manner,  to  wit :  As  soon  as  representatives 
shall  be  elected  the  governor  shall  appoint  a  time  and  place  for  them 


960  Illinois— 1787 

to  meet  too-cthcr,  and  when  met  tliey  shall  nominate  ten  persons,  resi- 
dents in  the  district,  and  each  possessed  of  a  freehohl  in  live  hundretl 
acres  of  land,  and  return  their  names  to  Con<i^ress,  five  of  whom  Con- 
gress shall  a])j)oint  and  eonnnission  to  serve  as  aforesaid;  and  when- 
ever a  vacancy  shall  happen  in  the  council,  by  death  or  removal  from 
office,  the  house  of  representatives  shall  nominate  two  persons,  cjuali- 
fied  as  aforesaid,  for  each  vacancy,  and  return  their  names  to  Con- 
gress, one  of  whom  Congress  shall  apjjoint  and  commission  for  the 
residue  of  the  term ;  and  every  five  years,  four  months  at  least  before 
the  expiration  of  the  time  of  service  of  the  members  of  the  council, 
the  said  house  shall  nominate  ten  persons,  qualified  as  aforesaid,  and 
return  their  names  to  Congress,  five  of  whom  Congress  shall  appoint 
and  commission  to  servie  as  members  of  the  council  five  years,  unless 
sooner  removed.  And  the  governor,  legislative  council,  and  house  of 
representatives  shall  have  authority  to  make  hiAvs  in  all  cases  for  the 
good  government  of  the  district,  not  repugnant  to  the  principles  and 
articles  in  this  ordinance  established  and  declared.  And  all  bills,  hav- 
ing passed  by  a  majority  in  the  house,  and  by  a  majority  in  the  coun- 
cil, shall  be  referred  to  the  governor  for  his  assent ;  but  no  bill,  or 
legislative  act  whatever,  shall  be  of  any  force  without  his  assent. 
The  governor  shall  have  power  to  convene,  prorogue,  and  dissolve  the 
general  assembly  when,  in  his  oj^inion,  it  shall  be  expedient. 

The  governor,  judges,  legislative  council,  secretary,  and  sucn  other 
officers  as  Congress  shall  appoint  in  the  district,  shall  take  an  oath 
or  affirmation  of  fidelity,  and  of  office ;  the  governor  before  the  presi- 
dent of  Congress,  and  all  other  officers  before  the  governor.  As  soon 
as  a  legislature  shall  be  formed  in  the  district,  the  council  and  house 
assembled,  in  one  room,  shall  have  authority,  by  joint  ballot,  to  elect 
a  delegate  to  Congress,  who  shall  haA^e  a  seat  in  Congress,  wnth  a  right 
of  debating,  but  not  of  voting,  during  this  temporary  government. 

And  for  extending  the  fundamental  principles  of  civil  and  religious 
liberty,  which  form  the  basis  whereon  these  republics,  their  laws 
and  constitutions,  are  erected ;  to  fix  and  establish  those  principles  as 
the  basis  of  all  laws,  constitutions,  and  governments,  which  forever 
hereafter  shall  be  formed  in  the  said  territory;  to  provide,  also,  for 
the  establishment  of  States,  and  permanent  government  therein,  and 
for  their  admission  to  a  share  in  the  Federal  councils  on  an  equal 
footing  with  the  original  States,  at  as  early  periods  as  may  be  con- 
sistent with  the  general  interest : 

It  is  hereby  ordained  and  declared,  by  the  authority  aforesaid,  that 
the  following  articles  shall  be  considered  as  articles  of  compact, 
between  the  original  States  and  the  people  and  States  in  the  said  ter- 
ritory, and  forever  remain  unalterable,  unless  by  common  consent, 
to  wit : 

Article  I 

No  person,  demeaning  himself  in  a  j^eaceable  and  orderly  manner, 
shall  ever  be  molested  on  account  of  his  mode  of  Avorship,  or  religious 
sentiments,  in  the  said  territory. 

Article  II 

The  inhabitants  of  the  said  territorj''  shall  always  be  entitled  to  the 
benefits  of  the  writs  of  habeas  corpus,  and  of  the  trial  b}^  jury;  of  a 


Illinois— 1787  961 

proportionate  representation  of  the  people  in  the  legislature,  and  of 
judicial  proceedings  according  to  the  course  of  the  common  law.  Ail 
persons  shall  be  bailable,  unless  for  capital  offences,  where  the  proof 
shall  be  evident,  or  the  presumption  great.  All  fines  shall  be  mod- 
erate; and  no  cruel  or  unusual  punishments  shall  be  inflicted.  No 
man  shall  be  deprived  of  his  libert}^  or  property,  but  by  the  judgment 
of  his  peers,  or  the  law  of  the  land,  and  should  the  public  exigencies 
nudve  it  necessar}',  for  the  common  preservation,  to  take  any  person's 
property,  or  to  demand  his  particular  services,  full  compensation  shall 
be  made  for  the  same.  And,  in  the  just  preservation  of  rights  and 
property,  it  is  understood  and  declared,  that  no  law  ought  ever  to  be 
made  or  have  force  in  the  said  territory,  that  shall,  in  any  manner 
whatever,  interfere  with  or  affect  private  contracts,  or  engagements, 
hona  fide^  and  without  fraud  ])reviously  formed. 

Ahtki-i:    III 

Religion,  morality,  and  knowledge  being  necessary  to  good  govern- 
ment and  the  happiness  of  mankind,  schools  and  the  means  of  educa- 
tion shall  forever  be  encouraged.  The  utmost  good  faith  shall  always 
be  observed  towards  the  Indians;  their  lands  and  property  shall 
never  be  taken  from  them  without  their  consent ;  and  in  their  prop- 
erty, rights  and  liberty  they  never  shall  be  invaded  or  disturbed, 
unless  in  just  and  lawful  wars  authorized  by  Congress;  but  lav/s 
founded  in  justice  and  humanity  shall,  from  time  to  time,  be  made, 
for  preventing  wrongs  being  done  to  them,  and  for  preserving  peace 
and  friendship  with  them. 

Article  IV 

The  said  territory,  and  the  States  which  may  be  formed  therein, 
shall  forever  remain  a  part  of  this  confederacy  of  the  United  States 
of  America,  subject  to  the  Articles  of  Confederation,  and  to  such 
alterations  therein  as  shall  be  constitutionally  made;  and  to  all  the 
acts  and  ordinances  of  the  United  States  in  Congress  assembled, 
conformable  thereto.  The  inhabitants  and  settlers  in  the  said  terri- 
tory shall  be  subject  to  pay  a  part  of  the  Federal  debts,  contracted, 
or  to  be  contracted,  and  a  proportional  part  of  the  expenses  of  gov- 
ernment to  be  apportioned  on  them  by  Congress,  according  to  the 
same  common  rule  and  measure  by  which  apportionments  thereof 
shall  be  made  on  the  other  States;  and  the  taxes  for  paying  their 
proportion  shall  be  laid  and  levied  by  the  authority  and  direction  of 
the  legislatures  of  the  district,  or  districts,  or  new  States,  as  in  the 
original  States,  within  the  time  agreed  upon  by  the  United  States  in 
Congress  assembled.  The  legislatures  of  those  districts,  or  new 
States,  shall  never  interfere  with  the  i)rimarv  disposal  of  the  soil 
by  the  United  States  in  Congress  assembled,  nor  with  any  regulations 
Congress  may  find  necessary  for  securing  the  title  in  such  soil  to  the 
hona--fide  purchasers.  No  tax  shall  be  imposed  on  land  the  property 
of  the  United  States;  and  in  no  case  shall  non-resident  ])roprietors 
be  taxed  higher  than  residents.  The  navigable  waters  leading  into 
the  Mississippi  and  Saint  Lawrence,  and  the  carrying  places  between 
the  same,  shall  be  common  highways,  and  forever  free,  as  well  to  the 
inhabitants  of  the  said  territorv  as  to  the  citizens  of  the  United  States, 


962  Illinois--1787 

and  those  of  any  other  States  that  may  be  admitted  into  the  confed- 
eracy, Avithout  any  tax,  impost,  or  duty  therefor. 

Article  V 

There  shall  be  formed  in  the  said  territory  not  less  than  three  nor 
more  than  five  States;  and  the  boundaries  of  the  States,  as  soon  as 
Virginia  shall  alter  her  act  of  cession  and  consent  to  the  same,  shall 
become  fixed  and  established  as  follows,  to  wit :  The  western  State,  in 
the  said  territory,  shall  be  bounded  by  the  Mississippi,  the  Ohio,  and 
the  Wabash  Rivers ;  a  direct  line  drawn  from  the  Wabash  and  Post 
Vincents,  due  north,  to  the  territorial  line  between  the  United  States 
and  Canada;  and  by  the  said  territorial  line  to  the  Lake  of  the 
Woods  and  Mississippi.  The  middle  State  shall  be  bounded  by  the 
said  direct  line,  the  Wabash  from  Post  Vincents  to  the  Ohio,  by 
the  Ohio,  by  a  direct  line  drawn  due  north  from  the  mouth  of  the 
Great  Miami  to  the  said  territorial  line,  and  by  the  said  territorial 
line.  The  eastern  State  shall  be  bounded  by  the  last-mentioned  direct 
line,  the  Ohio,  Pennsjdvania,  and  the  said  territorial  line:  Prorklecl^ 
however^  And  it  is  further  understood  and  declared,  that  the  bound- 
aries of  these  three  States  shall  be  subject  so  far  to  be  altered,  that, 
if  Congress  shall  hereafter  find  it  expedient,  they  shall  have  authority 
to  form  one  or  two  States  in  that  part  of  the  said  territory  which  lies 
north  of  an  east  and  west  line  drawn  through  the  southerly  bend  or 
extreme  of  Lake  Michigan.  And  whenever  any  of  the  said  States 
shall  have  sixty  thousand  free  inhabitants  therein,  such  State  shall  be 
adhiitted,  by  its  delegates,  into  the  Congress  of  the  United  States,  on 
an  equal  footing  with  the  original  States,  in  all  respects  whatever; 
and  shall  be  at  liberty  to  form  a  permanent  constitution  and  State 
government:  Provided^  The  constitution  and  government,  so  to  be 
formed,  shall  be  republican,  and  in  conformity  to  the  principles 
contained  in  these  articles,  and,  so  far  as  it  can  be  consistent  with  the 
general  interest  of  the  confederacy,  such  admission  shall  be  allowed 
at  an  earlier  period,  and  when  there  may  be  a  less  number  of  free 
inhabitants  in  the  State  than  sixty  thousand. 

Article  VI 

There  shall  be  neither  slavery  nor  involuntary  servitude  in  the  said 
territory,  otherwise  than  in  punishment  of  crimes,  whereof  the  party 
shall  have  been  duly  convicted :  Pro  vided  always^  That  any  person 
escaping  into  the  same,  from  whom  labor  or  service  is  lawfully  claimed 
in  any  one  of  the  original  States,  such  fugitive  may  be  lawfully 
reclaimed,  and  conveyed  to  the  person  claiming  his  or  her  labor  or 
service  as  aforesaid. 

Be  it  ordained  hy  the  authority  aforesaid^  That  the  resolutions  of 
the  23d  of  April,  1784,  relative  to  the  subject  of  this  ordinance,  be, 
and  the  same  are  hereby,  repealed,  and  declared  null  and  void. 

Done  by  the  United  States,  in  Congress  assembled,  the  13th  day  of 
July,  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  eighty- 
seven,  and  of  their  sovereignty  and  independence  the  twelfth. 


Illinois— 1788— 1789  963 


VIRGINIA  ACT  OF  RATIFICATION— 1788  « 

Whereas  the  United  States  in  Congress  assembled  did,  on  the  7th 
day  of  July,  in  the  year  of  our  Lord  1786,  state  certain  reasons,  show- 
ing that  a  division  of  the  territory  which  hath  been  ceded  to  the  said 
United  States  by  this  commonw^ealth  into  States,  in  conformity  to 
the  terms  of  cession,  should  the  same  be  adhered  to,  would  be  attended 
with  many  inconveniences,  and  did  recommend  a  revision  of  the  act 
of  cession,  so  far  as  to  empower  Congress  to  make  such  a  division  of 
the  said  territory  into  distinct  and  republican  States,  not  more  than 
five  nor  less  than  three  in  number,  as  the  situation  of  that  country  and 
future  circumstances  might  require;  and  the  said  United  States  in 
Congress  assembled  have,  in  an  ordinance  for  the  government  of  the 
territory  northwest  of  the  river  Ohio,  passed  on  the  13th  of  July, 
1787,  declared  the  following  as  one  of  the  articles  of  compact  between 
the  original  States  and  the  people  and  States  in  the  said  territor}'^, 
viz,  [here  article  5  of  the  ordinance  of  1787  is  recited;] 

And  it  is  expedient  that  this  Commonwealth  do  assent  to  the  pro- 
posed alteration,  so  as  to  ratify  and  confirm  the  said  article  of  com- 
pact between  the  original  States  and  the  people  and  States  in  the  said 
territory : 

Be  it  therefore  enacted  hy  the  general  assembly^  That  the  afore- 
recited  article  of  compact  between  the  original  States  and  the  people 
and  States  in  the  territory  northwest  of  Ohio  river  be,  and  the  same 
is  hereby,  ratified  and  confirmed,  anything  to  the  contrary  in  the  deed 
of  cession  of  the  said  territory  by  this  commonwealth  to  the  United 
States  notwithstanding. 


THE  NORTHWEST  TERRITORIAL  GOVERNMENT— 1789 

[First  Congress,  First  Session] 

All  Act  to  provide  for  the  government  of  the   territory  northwest  of  the 

river  Ohio 

A^Hiereas,  in  order  that  the  ordinance  of  the  TTnited  States  in  Con- 
gress assembled,  for  the  government  of  the  territory  northwest  of 
the  river  Ohio,  may  continue  to  have  full  effect,  it  is  requisite  that 
certain  provisions  should  be  made,  so  as  to  adapt  the  same  to  the 
present  Constitution  of  the  United  States: 

Be  it  enacted  hy  the  Senate  and  House  of  Repremntatires  of  the 
United  States  of  Ainenca  in  Congress  assembled^  That  in  all  cases  in 
which,  by  the  said  ordinance,  any  information  is  to  be  given  or  com- 

«  Tlie  act  of  Virginia  of  December  18,  1789,  concerning  the  erection  of  Keii- 
tnclvy  into  an  independent  State,  contained  the  following  proviso: 

"  Sec.  7.  The  use  and  navigation  of  the  river  Ohio,  so  far  as  the  territory  of 
the  proposed  State,  or  the  territory  which  shall  remain  within  the  limits  of 
this  commonwealth,  lies  therein,  shall  be  free  and  connnon  to  the  citizens  of 
the  United  States:  and  the  respective  jurisdictions  of  this  connnonwealth  and 
of  the  proposed  State,  on  the  river  as  aforesaid,  shall  be  concurrent  only  with 
the  States  which  may  possess  the  opposite  shores  of  the  said  river." 


964  Illinois— 1800 

iimnication  made  b}^  the  frowi-nov  of  the  said  territory  to  the  United 
States  in  Congress  assembled,  or  to  any  of  their  officers,  it  shall  be 
the  duty  of  the  said  governor  to  give  such  information  and  to  make 
such  connnunication  to  the  President  of  the  United  States;  and  the 
President  shall  nominate,  and,  by  and  with  the  advice  and  consent  of 
the  Senate  shall  appoint,  all  officers  which,  by  the  said  ordinance, 
were  to  have  been  appointed  b}^  the  United  States  in  Congress  assem- 
bled, and  all  officers  so  appointed  shall  be  commissioned  by  him ;  and 
in  all  cases  where  the  United  States  in  Congress  assembled  might,  by 
the  said  ordinance,  revoke  any  commission,  or  remove  from  an}^  office, 
the  President  is  hereb}^  declared  to  have  the  same  powers  of  revoca- 
tion and  removal. 

Sec.  2.  A)id  he  it  further  enacted,  That  in  case  of  the  death,  re- 
moval, resignation,  or  necessary  absence  of  the  governor  of  the  said 
territory,  the  secretary  thereof  shall  be,  and  he  is  hereby,  authorized 
and  required  to  execute  all  the  powers  and  perform  all  the  duties  of 
the  governor  during  the  vacancy  occasioned  by  the  removal,  resigna- 
tion, or  necessar}^  absence  of  the  said  governor. 

Approved,  August  7,  1789. 


THE  NORTHWEST  TERRITORIAL  GOVERNMENT— 1800  " 

[Sixth  Congress,  First  Session] 

An  Act  to  divide  the  territory  of  the  United  States  northwest  of  the  Ohio  into 
two  separate  governments 

Be  it  enacted  hy  the  Senate  .and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assemhled,  That  from  and  after 
the  fourth  day  of  July  next,  all  that  part  of  the  territory  of  the 
United  States  northwest  of  the  Ohio  River  which  lies  to  the  westward 
of  a  line  beginning  at  the  Ohio,  opposite  to  the  mouth  of  Kentucky 
River,  and  running  thence  to  Fort  Recovery,  and  thence  north  until 
it  shall  intersect  the  territorial  line  between  the  United  States  and 
Canada,  shall,  for  the  purposes  of  temporary  government,  constitute 
a  separate  territory,  and  be  called  the  Indiana  Territory. 

Sec.  2.  And  he  it  further  enacted.  That  there  shall  be  established 
within  the  said  Territory  a  government  in  all  respects  similar  to  that 
provided  by  the  ordinance  of  Congress  passed  on  the  thirteenth  day 
of  July,  one  thousand  seven  himdred  and  eighty-seven,  for  the  govern- 
ment of  the  territory  of  the  United  States  northwest  of  the  river 
Ohio;  and  the  inhabitants  thereof  shall  be  entitled  to,  and  enjoy,  all 
and  singular  the  rights,  privileges,  and  advantages  gi'anted  and 
secured  to  the  people  by  the  said  ordinance. 

oFor  other  statutes  of  an  organic  nature  relating  to  Illinois  see  the  act  to 
change  slightly  the  duties  of  officers  and  courts  in  northwest  territory,  act  of 
May  8,  1792 ;  to  extend  the  right  of  suffrage  in  Indiana  Territory,  February  26, 
1808;  to  extend  the  right  of  suffrage  in  Illinois  Territory.  May  20.  1812:  to 
determine  cases  begun  before  division  of  territory.  .June  10.  1812 ;  to  define 
duties  of  judges,  act  of  March  3,  181.5 ;  to  regulate  organization  of  courts,  April 
29,  181G ;  to  provide  for  the  execution  of  the  laws  of  United  States  in,  March  3, 
1819.     See  also  references  in  note  to  Indiana,  p. — . 


Illinois— 1800  965 

Sec.  3.  And  he  it  furtlier  enacted^  That  ilie  officers  for  the  said  Terri- 
tory, who  by  virtue  of  this  act  shall  be  appointed  by  the  President  of 
the  United  States,  by  and  Avith  the  advice  and  consent  of  the  Senate, 
hhall  respectively  exercise  the  same  powers,  perform  the  same  duties, 
and  receive  for  their  services  the  same  compensations  as  by  the  ordi- 
nance aforesaid  and  the  laws  of  the  United  States  have  been  provided 
and  established  for  similar  officers  in  the  territory  of  the  United 
States  northwest  of  the  river  Ohio.  And  the  duties  and  emoluments 
of  superintendent  of  Indian  affairs  shall  be  united  with  those  of  gov- 
ernor: Provided^  That  the  President  of  the  United  States  shall  have 
full  i)ower,  in  the  recess  of  Congress,  to  appoint  and  commission  all 
officers  herein  authorized;  and  their  commissions  shall  continue  in 
force  until  the  end  of  the  next  session  of  Congress. 

Sec.  -i.  And  he  it  further  enacted.  That  so  much  of  the  ordinance 
for  the  government  of  the  territory  of  the  United  States  northwest 
of  the  Ohio  River  as  relates  to  the  organization  of  a  general  assembly 
therein,  and  j)rescribes  the  powers  thereof,  shall  be  in  force  and 
operate  in  the  Indiana  Territory,  whenever  satisfactory  evidence  shall 
be  given  to  the  governor  thereof  that  such  is  the  wish  of  a  majority 
of  the  freeholders,  notwithstanding  there  may  not  be  therein  five 
tliousand  free  male  inhabitants  of  the  age  of  twenty-one  years  and 
upwards:  Provided^  That  until  there  shall  be  five  thousand  free  male 
inhabitants  of  twenty-one  j^ears  and  upwards  in  said  Territory,  the 
whole  number  of  representatives  to  the  general  assembly  shall  not  be 
less  than  seven  nor  more  than  nine,  to  be  apportioned  by  the  governor 
to  the  several  counties  in  said  Territory  agreeably  to  the  number  of 
free  males  of  the  age  of  twenty-one  years  and  upwards  which  they 
may  respectively  contain. 

Sec.  5.  And  he  it  further  enacted^  That  nothing  in  this  act  con- 
tained shall  be  construed  so  as  in  any  manner  to  affect  the  government 
now  in  force  in  the  territory  of  the  United  States  nortliAvest  of  the 
Ohio  Kiver,  further  than  to  prohibit  the  exercise  thereof  within  the 
Indiana  Territory,  from  and  after  the  aforesaid  fourth  day  of  July 
next:  Provided^  That  whenever  that  part  of  the  territory  of  the 
United  States  which  lies  to  the  eastward  of  a  line  beginning  at  the 
mouth  of  the  Great  Miami  River,  and  running  thence  due  north  to 
the  territorial  line  between  the  United  Stgites  and  Canada,  shall  be 
erected  into  an  independent  State  and  admitted  into  the  Union  on 
an  equal  footing  with  the  original  States,  thenceforth  said  line  shall 
become  and  remain  pernumently  the  boundary-line  between  such 
State  and  the  Indiana  Territory;  anything  in  this  act  contained  to 
the  contrary  notwithstanding. 

Sec.  G.  And  he  it  furtlier  enacted^  That  until  it  shall  be  otherwise 
ordered  by  the  legislatures  of  the  said  territories  respectively.  Chilli- 
cothe,  on  Scioto  River,  shall  be  the  seat  of  the  government  of  the  ter- 
ritory of  the  United  States  northwest  of  the  Ohio  River;  and  that 
Saint  Vincennes,  on  the  Wabash  River,  shall  be  the  seat  of  the  gov- 
ernment for  the  Indiana  Territory. 

Approved,  May  7,  1800. 


966  Illinois— 1809 

TERRITORIAL  GOVERNMENT  OF  ILLINOIS— 1809 

[Tenth  Congress,  Second  Session] 
An  Act  for  divkling  the  Indiana  Territory  into  two  separate  governments 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assemhled^  That  from  and  after 
the  first  da}^  of  March  next,  all  that  part  of  the  Indiana  Territory 
which  lies  west  of  the  AYabash  River,  and  a  direct  line  drawn  from 
the  said  Wabash  Eiver  and  Post  Vincennes  due  north  to  the  terri- 
torial line  between  the  United  States  and  Canada,  shall,  for  the  pur- 
pose of  temporary  government,  constitute  a  separate  Territory,  and 
be  called  Illinois. 

Sec.  2.  And  he  it  further  enacted^  That  there  shall  be  established 
within  the  said  Territory  a  government  in  all  respects  similar  to  that 
provided  by  the  ordinance  of  Congress,  passed  on  the  thirteenth  day  of 
July,  one  thousand  seven  hundred  and  eighty-seven,  for  the  govern- 
ment of  the  territory  of  the  United  States  northwest  of  the  river 
Ohio;  and  by  an  act  passed  on  the  seventh  day  of  August,  one  thou- 
sand seven  hundred  and  eighty-nine,  intituled  ""'An  act  to  provide  for 
the  government  of  the  territory  northwest  of  the  river  Ohio ;  "  and 
the  inhabitants  thereof  shall  be  entitled  to  and  enjoy  all  and  singular 
the  rights,  privileges,  and  advantages  granted  and  secured  to  the 
people  of  the  territory  of  the  United  States  northwest  of  the  river 
Ohio  by  the  said  ordinance. 

Sec.  3.  And  he  it  further  enacted^  That  the  officers  for  the  said  Ter- 
ritory, who,  by  virtue  of  this  act,  shall  be  appointed  by  the  President 
of  the  United  States,  by  and  with  the  advice  and  consent  of  the  Sen- 
ate, shall  respectively  exercise  the  same  powers,  perform  the  same 
duties,  and  receive  for  their  services  the  same  compensations  as  by  the 
ordinance  aforesaid  and  the  laws  of  the  United  States  have  been  pro- 
vided and  established  for  similar  officers  in  the  Indiana  Territory. 
And  the  duties  and  emoluments  of  superintendent  of  Indian  affairs 
shall  be  united  with  those  of  governor:  Provided,  That  the  President 
of  the  United  States  shall  have  full  powder,  in  the  recess  of  Congress, 
to  appoint  and  commissioji  all  officers  herein  authorized,  and  their 
commissions  shall  continue  in  force  until  the  end  of  the  next  session 
of  Congress. 

Sec.  4.  And  he  it  further  enacted,  That  so  much  of  the  ordinance 
for  the  government  of  the  territory  of  the  United  States  northwest  of 
the  Ohio  River,  as  relates  to  the  organization  of  a  general  assembly 
therein,  and  jDrescribes  the  powers  thereof,  shall  be  in  force  and 
operate  in  the  Illinois  Territory,  whenever  satisfactory  evidence  shall 
be  given  to  the  governor  thereof  that  such  is  the  wish  of  a  majority 
of  the  freeholders,  notwithstanding  there  may  not  be  therein  five 
thousand  free  male  inhabitants  of  the  age  of  twenty-one  years  and 
upAvards:  Fromded,  That  until  there  shall  be  five  thousand  free  male 
inhabitants  of  twenty-one  years  and  upwards  in  said  Territory,  the 
whole  number  of  representatives  to  the  general  assembly  shall  not  be 
less  than  seven,  nor  more  than  nine,  to  be  apportioned  by  the  governor 
to  the  several  counties  in  the  said  Territory,  agreeably  to  the  number 
of  free  males  of  the  age  of  twenty-one  years  and  upwards,  which  they 
may  respectively  contain. 


Illinois— 1818  967 

Sec.  5.  And  he  it  further  enacted.,  That  nothing  in  this  act  con- 
tained shall  be  construed  so  as  in  any  manner  to  affect  the  government 
noAA^  in  foi'ce  in  the  Indiana  Territory,  further  than  to  prohibit  the 
exercii-e  thereof  Avithin  the  Illinois  Territory  from  and  after  the 
aforesaid  lirst  day  of  JNIarch  next. 

Sec.  6.  And  he  it  fvrther  enacted..  That  all  suits,  process,  and  pro- 
ceedings "which,  on  the  first  day  of  March  next,  shall  be  pending  in 
the  court  of  any  county  which  shall  be  included  within  the  said  Ter- 
ritory of  Illinois,  and  also  all  suits,  process,  and  proceedings  which, 
on  the  said  first  day  of  March  next,  shall  be  pending  in  the  general 
court  of  the  Indiana  Territory,  in  consequence  of  any  writ  of  removal, 
or  order  for  trial  at  bar,  and  which  had  been  removed  from  any  of 
the  counties  included  within  the  limits  of  the  Territory  of  Illinois 
aforesaid,  shall,  in  all  things  concerning  the  same,  be  proceeded  on, 
and  judgments  and  decrees  reiidered  thereon,  in  the  same  manner  as 
if  the  said  Indiana  Territory  had  remained  undivided. 

Sec.  T.  A7id  he  it  further  enacted^  That  nothing  in  this  act  con- 
tained shall  be  so  construed  as  to  prevent  the  collection  of  taxes 
which  may  on  the  first  day  of  March  next  be  due  to  the  Indiana  Ter- 
ritory on  lands  lying  in  the  said  Territory  of  Illinois. 

Sec.  8.  And  he  it  further  enacted^  That  until  it  shall  be  otherwise 
ordered  by  the  legislature  of  the  said  Illinois  Territory,  Kaskaskia, 
on  the  Mississippi  River,  shall  be  the  seat  of  government  for  the  said 
Illinois  Territory. 

Approved,  February  3,  1809. 


ENABLING  ACT  FOR  ILLINOIS— 1818 

[Fifteenth  Congress,  First  Session] 

An  Act  to  enable  the  people  of  the  Illinois  Territory  to  form  a  <'onstitution  ami 
State  government,  and  for  the  admission  of  such  State  into  the  Union  on  an 
equal  footing  with  the  original  States. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assemhled.,  That  the  inhabi- 
tants of  the  Territory  of  Illinois  be,  and  they  are  hereby,  authorized 
to  form  for  themselves  a  constitution  and  State  government,  and  to 
fissume  such  name  as  they  shall  deem  proper;  and  the  said  State, 
when  formed,  shall  be  admitted  into  the  Union  upon  the  same  footing 
with  the  original  States,  in  all  respects  whatever. 

Sec.  2.  And  he  it  further  enacted,  That  the  said  State  shall  consist 
of  all  the  territory  included  within  the  following  boiuiclaries,  to  wit; 
Beginning  at  the  mouth  of  the  "Wabash  Eiver;  thence  up  the  same, 
and  with  the  line  of  Indiana,  to  the  northwest  corner  of  said  State; 
thence  east,  with  the  line  of  the  same  State,  to  the  middle  of  Lake 
Michigan ;  thence  north,  along  the  middle  of  said  lake,  to  north  lati- 
tude fort^-two  degrees  thirty  minutes ;  thence  Avest  to  the  middle  of  the 
Mississippi  RiA^er ;  and  thence  doAvn,  along  the  middle  of  that  riA^er, 
to  its  confluence  AAith  the  Ohio  River;  and  thence  up  the  latter  riA'er, 
along  its  northAvestern  shore,  to  the  beginning:  Proridcd.  That  the 
convention  hereinafter  provided  for,  Avhen  formed,  shall  ratify  the 


968  Illinois— 1818 

lioiinclaries  aforesaid;  otherwise  they  shall  be  and  remain  as  now 
prescribed  by  the  ordinance  for  the  government  of  the  territory 
northwest  of  the  river  Ohio:  Pro  ruled  also,  That  the  said  State  shall 
have  concurrent  jurisdiction  with  the  State  of  Indiana  on  the  Wabash 
River,  so  far  as  said  river  shall  form  a  common  boundary  to  both, 
and  also  concurrent  jurisdiction  on  the  Mississippi  River,  with  any 
State  or  States  to  be  formed  west  thereof,  so  far  as  said  river  shall 
form  a  common  boundary  to  both. 

Sec.  3.  And  he  it  further  enacted,  That  all  white  male  citizens  of 
the  United  States,  who  shall  haA^e  arrived  at  the  age  of  twenty-one 
years,  and  have  resided  in  said  Territory  six  months  previous  to  the 
day  of  election,  and  all  persons  having  in  other  respects  the  legal 
qualifications  to  vote  for  representatives  in  the  general  assembly 
of  the  said  Territory,  be,  and  they  are  hereby,  authorized  to  choose 
representatives  to  form  a  convention,  who  shall  be  apportioned 
amongst  the  several  counties  as  follows : 

From  the  county  of  Bond,  two  representatives. 

From  the  county  of  Madison,  three  representatives. 

From  the  county  of  Saint  Clair,  three  representatives. 

From  the  county  of  Monroe,  two  representatives. 

From  the  county  of  Randolph,  two  rejoresentatives. 

From  the  county  of  Jackson,  tAvo  representatives. 

From  the  county  of  Johnson,  tw^o  representatives. 

From  the  countj'^  of  Pope,  two  representatives. 

From  the  county  of  Cirallatin,  three  representatives. 

From  the  county  of  White,  two  representatives. 

From  the  county  of  Fdwards,  two  representatives. 

From  the  county  of  Crawford,  two  representatives. 

From  the  county  of  Union,  two  representatives. 

From  the  count}^  of  Washington,  two  representatives. 

And- from  the  county  of  Franklin,  two  representatives. 

And  the  election  for  the  representatives  aforesaid  shall  be  holden  on 
the  jfirst  Monday  of  July  next,  and  the  two  following  days,  throughout 
the  several  counties  in  the  said  Territory,  and  shall  be  conducted  in 
the  same  manner  and  under  the  same  regulations  as  prescribed  by  the 
laws  of  the  said  Territory  regulating  elections  therein  for  members  of 
the  house  of  representatives. 

Sec.  4.  And  he  it  further  enacted,  That  the  members  of  the  conven- 
tion, thus  duly  elected,  be,  and  they  are  hereby,  authorized  to  meet  at 
the  seat  of  government  of  the  said  Territory,  on  the  first  Monday 
of  the  month  of  August  next,  which  convention,  when  met,  shall  first 
determine,  by  a  majority  of  the  whole  number  elected,  whether  it  be 
or  be  not  expedient  at  that  time  to  form  a  constitution  and  State  gov- 
ernment for  the  people  within  the  said  Territory,  and,  if  it  be  expe- 
dient, the  convention  shall  be,  and  hereby  is,  authorized  to  form  a 
constitution  and  State  government ;  or,  if  it  be  deemed  more  expe- 
dient, the  said  convention  shall  provide  by  ordinance  for  electing 
representatives  to  form  a  constitution  or  frame  of  government ;  which 
said  representatives  shall  be  chosen  in  such  manner,  and  in  such 
proportion,  and  shall  meet  at  such  time  and  place,  as  shall  be  pre- 
scribed by  the  said  ordinance,  and  shall  then  form  for  the  people  of 
said  Territory  a  constitution  and  State  govermnent :  Prorldpd,  That 
the  same,  whene^^er  formed,  shall  be  republican,  and  not  repugnant  to 


Illinois— 1818  969 

the  ordinance  of  the  thirteenth  of  July,  seventeen  hundred  and 
eighty-seven,  between  the  original  States  and  the  people  and  States 
of  the  territory  northwest  of  the  riv6r  Ohio ;  excepting  so  much  of 
said  articles  as  relate  to  the  boundaries  of  the  States  therein  to  be 
formed:  And  prorided  also^  That  it  shall  appear,  from  the  enumera- 
tion directed  to  be  made  by  the  legislature  of  the  said  Territory,  that 
there  are  within  the  i^roposed  State  not  less  than  forty  thousand 
inhabitants. 

Sec.  5.  And  he  it  further  enacted^  That  until  the  next  general  cen- 
sus shall  be  taken,  the  said  State  shall  be  entitled  to  one  Representa- 
tive in  the  House  of  Ixepresentatives  of  the  United  States. 

Sec.  6.  And  he  it  further  enacted^  That  the  following  propositions 
be,  and  the  same  are  hereby,  offered  to  the  convention  of  the  said  Ter- 
ritory of  Illinois,  when  formed,  for  their  free  acceptance  or  rejection, 
which,  if  accepted  by  the  convention,  shall  be  obligatory  upon  the 
United  States  and  the  said  State. 

First.  That  section  numbered  sixteen,  in  every  township,  and  when 
such  section  has  been  sold  or  otherwise  disposed  of,  other  lands  equiv- 
alent thereto,  and  as  contiguous  as  may  be,  shall  be  granted  to  the 
State,  for  the  use  of  the  inhabitants  of  such  township,  for  the  use  of 
schools. 

Second.  That  all  salt  springs  within  such  State,  and  the  land 
reserved  for  the  use  of  the  same,  shall  be  granted  to  the  said  State, 
for  the  use  of  the  said  State,  and  the  same  to  be  used  under  such 
terms,  and  conditions,  and  regulations  as  the  legislature  of  the  said 
State  shall  direct :  Proinded.,  The  legislature  shall  never  sell  nor  lease 
the  same  for  a  longer  period  than  ten  years  at  any  one  time. 

Third.  That  five  per  cent,  of  the  net  proceeds  of  the  lands  lying 
within  such  State,  and  which  shall  be  sold  b}^  Congress,  from  and 
after  the  first  day  of  January,  one  thousand  eight  hundred  and  nine- 
teen, after  deducting  all  expenses  incident  to  the  same,  shall  be 
reserved  for  the  purposes  following,  viz :  two-fifths  to  be  disbursed, 
under  the  direction  of  Congress,  in  making  roads  leading  to  the 
State;  the  residue  to  be  appropriated,  by  the  legislature  of  the  State, 
for  the  encouragement  of  learning,  of  which  one-sixth  part  shall  be 
exclusively  bestowed  on  a  college  or  univei'sity. 

Fourth.  That  thirty-six  sections,  or  one  entire  township,  which 
shall  be  designated  by  the  President  of  the  United  States,  together 
with  the  one  heretofore  reserved  for  that  purpose,  shall  be  reserved 
for  the  use  of  a  seminary  of  learning,  and  vested  in  the  legislature  of 
the  said  State,  to  be  appropriated  solely  to  the  use  of  such  seminary 
by  the  said  legislature:  Provided  ahcays^  That  the  four  foregoing 
pro])ositions,  herein  offered,  are  on  the  conditions  that  the  convention 
of  the  said  State  shall  provide,  by  an  ordinance  irrevocable  without 
the  consent  of  the  United  States,  that  every  and  each  tract  of  land 
sold  by  the  United  States,  from  and  after  the  first  day  of  January, 
one  thousand  eight  hundred  and  nineteen,  shall  remain  exempt  from 
any  tax  laid  by  order,  or  under  any  authority,  of  the  State,  whether 
for  State,  county,  or  township,  or  any  other  purpose  whatever,  for 
the  term  of  five  years  from  and  after  the  day  of  sale:  And  further, 
That  the  bounty-lands  granted,  or  hereafter  to  be  granted,  for  mili- 
tary services  during  the  late  war,  shall,  while  they  continue  to  be  held 
by  the  patentees,  or  their  heirs,  remain  exempt,  as  aforesaid,  from  all 


970  Illinois— 1818 

taxes,  for  the  term  of  three  years,  from  and  after  the  date  of  the 
patents  respectively;  and  that  all  the  lands  belonging  to  the  citizens 
of  the  United  States,  residing  Avithout  the  said  State,  shall  never  be 
taxed  higher  than  lands  belonging  to  persons  residing  therein. 

Sec.  7.  And  be  it  further  enacted,  That  all  that  part  of  the  terri- 
tory of  the  United  States  lying  north  of  the  State  of  Indiana,  and 
Avhich  Avas  included  in  the  former  Indiana  Territory,  together  with 
that  part  of  the  Illinois  Territory  which  is  situated  north  of  and  not 
included  within  the  boundaries  prescribed  by  this  act  to  the  State 
thereby  authorized  to  be  formed,  shall  be,  and  hereby  is,  attached  to 
and  made  a  part  of  the  Michigan  Territory,  from  and  after  the 
formation  of  the  said  State,  subject,  nevertheless,  to  be  hereafter  dis- 
posed of  by  Congress,  according  to  the  right  reserved  in  the  fifth 
article  of  the  ordinance  aforesaid;  and  the  inhabitants  therein  shall 
be  entitled  to  the  same  privileges  and  immunities,  and  subject  to  the 
same  rules  and  regulations,  in  all  respects,  with  the  other  citizens  of 
the  Michigan  Territory. 

Approved,  April  18,  1818. 


ORDINANCE  ACCEPTING  THE  ENABLING  ACT— 1818  « 

Whereas  the  Congress  of  the  United  States,  in  the  act  entitled 
"An  act  to  enable  the  people  of  the  Illinois  Territory  to  form  a  con- 
stitution and  State  government,  and  for  the  admission  of  such  State 
into  the  Union  on  an  equal  footing  with  the  original  States,"  passed 
the  18th  of  April,  1818,  have  offered  to  this  convention,  for  their 
free  acceptance  or  rejection,  the  following  propositions,  which,  if 
accepted  by  the  convention,  are  to  be  obligatory  upon  the  United 
States,  viz : 

1.  That  section  numbered  16  in  every  township,  and,  when  such 
section  has  been  sold  or  otherwise  disposed  of,  other  lands  equivalent 
thereto  and  as  contiguous  as  may  be,  shall  be  granted  to  the  State  for 
the  use  of  the  inhabitants  of  such  township  for  the  use  of  schools ; 

2.  That  all  salt  springs  Avithin  such  State,  and  the  lands  reserved 
for  the  use  of  the  same,  shftll  be  granted  to  the  said  State  for  the  use 
of  the  said  State,  and  the  same  to  be  used  under  such  terms  and  condi- 
tions and  regulations  as  the  legislature  of  said  State  shall  direct: 
Provided,  The  legislature  shall  never  sell  nor  lease  the  same  for  a 
longer  period  than  ten  years  at  any  one  time ; 

3.  That  five  per  cent,  of  the  net  proeceds  of  the  lands  lying  within 
such  State,  and  which  shall  be  sold  by  Congress  from  and  after  the 
1st  day  of  January,  1819,  after  deducting  all  expenses  incident  to  the 
same,  shall  be  reserved  for  the  purposes  following,  viz :  TAvo-fifths 
to  be  disbursed  under  the  direction  of  Congress,  in  making  roads 
leading  to  the  State;  the  residue  to  be  appropriated  by  the  legislature 
of  the  State  for  the  encouragement  of  learning,  of  Avhich  one-sixth 
part  shall  be  exclusiA'^eh^  bestowed  on  a  college  or  university ; 

4.  That  thirty-six  sections,  or  one  entire  township,  Avhich  shall  be 
designated  by  the  President  of  the  United  States,  together  with  the 
one  heretofore  reserA^ed  for  that  purpose,  shall  be  reserved  for  the 

^Adopted  at  Kaskaskia.  2nth  August,  1818,  bj'  the  convention  which  framed  the 
first  constitution  of  IlUnois, 


Illinois— 1818  971 

use  of  a  seminary  of  learning,  and  vested  in  the  legislature  of  the 
said  State,  to  be  appropriated  solely  to  the  use  of  such  seminary  by 
the  said  legislature; 

And  whereas  the  four  foregoing  propositions  are  offered  on  the 
condition  that  this  convention  shall  provide  b}'  ordinance,  irrevocably, 
without  the  consent  of  the  United  States,  that  every  and  each  tract 
of  land  sold  by  the  United  States,  from  and  after  the  1st  day  of 
January,  1819,  shall  remain  exempt  from  any  tax  laid  by  order  or 
under  the  authority  of  the  State,  Avhether  for  State,  county,  or  town- 
ship, or  any  other  purpose  whatever,  for  the  term  of  five  years  from 
and  after  the  day  of  sale.  [See  chapter  89,  section  36,  and  note.] 
And  further,  that  the  bounty-lands  granted,  or  hereafter  to  be 
granted,  for  military  services  during  the  late  war,  shall,  while  they 
continue  to  be  held  by  the  patentees  or  their  heirs,  remain  exempt 
as  aforesaid  from  all  taxes  for  the  term  of  three  years  from  and  after 
the  date  of  the  patents  respectively;  and  that  all  the  lands  belonging 
to  the  citizens  of  the  United  States  residing  without  the  said  State 
shall  never  be  taxed  higher  than  lands  belonging  to  persons  residing 
therein : 

Therefore,  this  convention,  on  behalf  of  and  by  the  authority  of 
the  people  of  the  State,  do  accept  of  the  foregoing  propositions ;  and 
do  further  ordain  and  declare  that  every  and  each  tract  of  land 
sold  by  the  United  States,  from  and  after  the  1st  day  of  January, 
1819,  shall  remain  exempt  from  any  tax  laid  by  order  or  under  any 
authority  of  the  State,  Avhether  for  State,  county,  or  township,  or 
any  purpose  whatever,  for  the  term  of  five  years  from  and  after  the 
day  of  sale;  and  that  the  bount^'-lands  granted,  or  hereafter  to  be 
granted,  for  military  services  during  the  late  war,  shall,  while  they 
continue  to  be  held  by  the  f)atentees  or  their  heirs,  remain  exempt, 
as  aforesaid,  from  all  taxes  for  the  term  of  three  j^ears  from  and 
after  the  date  of  the  patents  respectively;  and  that  all  the  lands  be- 
longing to  the  citizens  of  the  United  States,  residing  without  the 
said  State,  shall  never  be  taxed  higher  than  lands  belonging  to 
persons  residing  therein.  And  this  convention  do  further  ordain 
and  declare  that  the  foregoing  ordinance  shall  not  be  revoked  with- 
out the  consent  of  the  United  States. 


RESOLUTION  OF  CONGRESS— 1818 

[Fifteenth  Congress,  Second  Session! 
Resolution  declaring  the  admission  of  tbe  State  of  Illinois  into  the  Union 

Resolved  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  whereas,  in  pursuance 
of  an  act  of  Congress  passed  on  the  eighteenth  day  of  April,  one 
thousand  eight  hundred  and  eighteen,  entitled  ""An  act  to  enable  the 
people  of  the  Illinois  Territory  to  form  a  constitution  and  State  gov- 
ernment, and  for  the  admission  of  such  State  into  tho  Union,  on  an 
equal  footing  Avith  the  original  States."  the  pe()i)le  of  said  Territory 
did,  on  the  twenty-sixth  day  of  August,  in  the  })resent  year.  l\v  a 
convention  called  for  that  purpose,  form  for  themselves  a  constitution 
and  State  government,  which  constitution  and  State  government,  so 

7252— VOL  2—07 7 


972  Illinois— 1818 

formed,  is  republican,  and  in  conformity  to  the  principles  of  the  arti- 
cles of  compact  between  the  original  States  and  the  people  and  States 
in  the  territory  northwest  of  the  river  Ohio,  passed  on  the  thirteenth 
day  of  July,  one  thousand  seven  hundred  and  eighty-seven : 

Resolved  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  Am£rica  in  Congress  assembled,  That  the  State  of  Illinois 
shall  be  one,  and  is  hereby  declared  to  be  one,  of  the  United  States  of 
America,  and  admitted  into  the  Union  on  an  equal  footing  with  the 
original  States,  in  all  respects  Avhatever. 

Approved,  December  3,  1818. 


CONSTITUTION  OF  ILLINOIS— 1818  -  « 

The  people  of  the  Illinois  Territory,  having  the  right  of  admission 
into  the  General  Government  as  a  member  of  the  Union,  consistent 
with  the  Constitution  of  the  United  States,  the  ordinance  of  Congress 
of  1787,  and  the  law  of  Congress  approved  April  18,  1818,  entitled 
"An  act  to  enable  the  people  of  the  Illinois  Territory  to  form  a  con- 
stitution and  State  government,  and  for  the  admission  of  such  State 
into  the  Union,  on  an  equal  footing  Avith  the  original  States,  and  for 
other  purposes,"  in  order  to  establish  justice,  promote  the  welfare, 
and  secure  the  blessings  of  liberty  to  themselves  and  their  posterity, 
do,  by  their  representatives  in  convention,  ordain  and  establish  the 
following  constitution  or  form  of  government ;  and  do  mutually  agree 
with  each  other  to  form  themselves  into  a  free  and  independent  State, 
by  the  name  of  the  State  of  Illinois.  And  they  do  hereby  ratify  the 
boundaries  assigned  to  such  State  by  the  act  of  Congress  aforesaid, 
which  are  as  follows,  to  wit :  Beginning  at  the  mouth  of  the  Wabash 
River;  thence  up  the  same  and  with  the  line  of  Indiana  to  the  north- 
west corner  of  said  State ;  thence  east  with  the  line  of  the  same  State 
to  the  middle  of  Lake  Michigan ;  thence  north,  along  the  middle  of 
said  lake,  to  north  latitude  forty-two  degrees  and  thirty  minutes; 
thence  west  to  the  middle  of  the  Mississippi  River ;  and  thence  down 
along  the  middle  of  that  river  to  its  confluence  with  the  Ohio  River; 
and  thence  up  the  latter  river,  along  its  northwestern  shore,  to  the 
beginning. 

Article  I 

Section  1.  The  powers  of  the  government  of  the  State  of  Illinois 
shall  be  divided  into  three  distinct  departments,  and  each  of  them  be 
confided  to  a  separate  body  of  magistracy,  to  wit:  Those  which  are 
legislative,  to  one;  those  which  are  executive,  to  another;  and  those 
which  are  judiciary,  to  another. 

Sec.  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  as  hereinafter  expressly  directed  or  permitted. 

*  Verified  from  text  in  Vol.  II.  pp.  1889-1892,  of  "  Debates  and  Proceedings"  of 
Constitutional  Convention  of  1869.     See  note  to  constitution  of  1870. 

a  This  constitution  was  framed  by  a  convention  which  met  August  1.  1818,  and 
completed  its  labors  August  20,  1818.     It  was  not  submitted  to  the  people. 


Illinois— 1818  973 

Article  II 

Sectiox  1.  The  legislative  authority  of  this  State  shall  be  vested 
ill  a  general  assembly,  which  shall  consist  in  a  senate  and  house  of 
representatives,  both  to  be  elected  by  the  people. 

Sec.  2.  The  first  election  for  senators  and  representatives  shall  com- 
mence on  the  third  Thursday  of  September  next,  and  continue  for 
that  and  the  two  succeeding  days;  and  the  next  election  shall  be  held 
on  the  first  Monday  in  August,  1820;  and  forever  after  elections  shall 
be  held  once  in  two  years,  on  the  first  Monday  of  August,  in  each  and 
every  county,  at  such  places  therein  as  may  be  provided  by  law. 

Sec.  3.  Xo  person  shall  be  a  representative  who  shall  not  have 
attained  the  age  of  twenty-one  years;  who  shall  not  be  a  citizen  of 
the  United  States,  and  an  inhabitant  of  this  State;  who  shall  not 
have  resided  within  the  limits  of  the  county  or  district  in  which  he 
shall  be  chosen  twelve  months  next  preceding  his  election,  if  such 
county  or  district  shall  have  been  so  long  erected ;  but  if  not,  then 
within  the  limits  of  the  county  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  who,  moreover,  shall  not  have  paid  a  State  or  countv  tax. 

Sec.  4.  The  senators,  at  their  first  session  herein  provided  for,  shall 
be  divided  by  lot  from  their  respective  counties  or  districts,  as  near  as 
can  be,  into  two  classes.  The  seats  of  the  senators  of  the  first  class 
shall  be  vacated  at  the  expiration  of  the  second  year,  and  those  of  the 
second  class  at  the  expiration  of  the  fourth  year,  so  that  one-half 
thereof,  as  near  as  possible,  mav  be  biennially  chosen  forever  there- 
after. 

Sec.  5.  The  number  of  senators  and  representatives  shall,  at  the 
first  session  of  the  general  assembly  holden  after  the  returns  herein 
provided  for  are  made,  be  fixed  by  the  general  assembly,  and  appor- 
tioned among  the  several  counties  or  districts  to  be  established  by  law, 
according  to  the  numl:)er  of  white  inhabitants.  The  number  of  repre- 
sentatives shall  not  be  less  than  twenty-seven,  nor  more  than  thirty- 
six,  until  the  number  of  inhabitants  Avithin  this  State  shall  amount 
to  one  hundred  thousand;  and  the  number  of  senators  shall  never  be 
less  tlian  one-third  nor  more  than  one-half  of  the  number  of  repre- 
sentatives. 

Sec.  6.  No  person  shall  be  a  senator  Avho  has  not  arrived  at  the  age 
of  tAventy-five  years,  who  shall  not  be  a  citizen  of  the  United  States, 
and  Avho  shall  not  haA'e  resided  one  year  in  the  county  or  district  in 
Avhich  he  shall  be  chosen  immediately  preceding  his  election,  if  such 
county  or  district  shall  have  been  so  long  erected;  but  if  not,  then 
Avithin  the  limits  of  the  county  or  counties,  district  or  districts,  out 
of  Avhich  the  same  sliall  have  been  taken,  unless  he  shall  liaA^e  been 
absent  on  the  ])ublic  business  of  the  TTnited  States  or  of  this  State, 
and  shall  not,  moreoA^er,  haA^e  paid  a  State  or  count}''  tax. 

Sec.  7.  The  senate  and  house  of  representatives,  when  assembled, 
shall  each  choose  a  speaker  and  other  officers,  (the  speaker  of  the 
senate  excepted.)  Each  house  shall  judge  of  the  quabfications  and 
elections  of  its  members,  and  sit  upon  its  oAvn  adjouruiuents.  Two-" 
thirds  of  each  house  shall  constitute  a  quorum,  but  a  smaller  number 


974  Illinois— 1818 

may  adjourn  from  day  to  day,  and  compel  the  attendance  of  absent 
members. 

Sec.  8.  Each  house  shall  keep  a  journal  of  its  proceedings  and  pul)- 
lisli  them.  The  yeas  and  nays  of  the  members  cm  any  question  shall, 
at  the  desire  of  any  two  of  them,  be  entered  on  the  journals. 

Sec.  9.  Any  two  members  of  either  house  shall  have  liberty  to  dis- 
sent and  protest  against  any  act  or  resohition  which  they  may  think 
injurious  to  the  public,  or  to  any  individual,  and  have  the  reasons  of 
their  dissent  entered  on  the  journals. 

Sec.  10.  Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  w^ith  the  concurrence 
of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the  same 
cause. 

Sec.  11.  When  vacancies  happen  in  either  house,  the  governor,  or 
the  person  exercising  the  powers  of  governor,  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies. 

Sec.  12.  Senators  and  representatives  shall  in  all  cases,  excej^t  trea- 
son, 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 ;  and  for  any  speech  or  debate  in  either  house  they  shall  not 
be  questioned  in  any  other  place. 

Sec.  13.  Each  house  may  punish,  by  imprisonment  during  its 
session,  any  person  not  a  member  who  shall  be  guilty  of  disrespect  to 
the  house,  by  any  disorderly  or  contemptuous  behavior  in  their 
presence;  provided  such  imprisonment  shall  not  at  any  one  time 
exceed  twenty-four  hours. 

Sec.  14.  The  doors  of  each  house  and  of  committees  of  the  Avhole 
shall  be  kept  open,  except  in  such  cases  as  in  the  opinion  of  the  house 
require  secrecy.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  two  days,  nor  to  any  other  place  than 
that  in  which  the  two  houses  shall  be  sitting. 

Sec.  15.  Bills  may  originate  in  either  house,  but  may  be  altered, 
amended,  or  rejected  by  the  other. 

Sec.  16.  Every  bill  shall  be  read  on  three  different  days  in  each 
house,  unless,  in  case  of  urgency,  three-fourths  of  the  house  where 
such  bill  is  so  depending  shall  deem  it  expedient  to  dispense  with  this 
rule ;  and  every  bill  having  passed  both  houses  shall  be  signed  b}'  the 
speakers  of  the  respective  houses. 

Sec.  17.  The  stjde  of  the  laws  of  this  State  shall  be,  "  Be  it  enacted 
hy  the  people  of  the  State  of  Illinois,  represented  in  the  general' 
assemhly  y 

Sec.  18.  The  general  assembly  of  this  State  shall  not  allow  the  fol- 
lowing officers  of  government  greater  or  smaller  annual  salaries  than 
as  follows,  until  the  vear  1824 :  The  governor,  $1,000 ;  and  the  secre- 
tary of  state,  $600. 

Sec.  10.  No  senator  or  rei:)resentative  shall,  during  the  time  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office  imder 
this  State,  which  shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased,  during  such  time. 

Sec.  20.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  appropriations  made  by  law. 

Sec.  21.  An  accurate  statement  of  the  receipts  and  expenditures  of 
the  public  money  shall  be  attached  to  and  published  with  the  laws,  at 
the  rising  of  each  session  of  the  general  assembly. 


minoU—1818  975 

Sec.  22.  The  house  of  representatives  shall  have  the  sole  power  of 
impeaching,  but  a  majority  of  all  the  members  ])resent  must  concur 
in  an  impeachment.  All  impeachments  shall  l)e  tried  by  the  senate, 
and  Avhen  sitting  for  that  ])urpose  the  senators  shall  be  upon  oath  or 
affirmation  to  do  justice  according  to  law  and  evidence.  No  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  all  the 
senators  present. 

Sec.  23.  The  governor,  and  all  other  civil  officers  under  this  State, 
shall  be  liable  to  impeachment  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,  profit,  or  trust 
under  this  State.  The  party,  whether  convicted  or  acquitted,  shall 
nevertheless  be  liable  to  indictment,  trial,  judgment,  and  punishment 
according  to  law. 

Sec.  24.  The  first  session  of  the  general  assembly  shall  commence 
on  the  first  Monday  of  October  next,  and  forever  after  the  general 
assembly  shall  meet  on  the  first  Monday  in  December  next  ensuing 
the  election  of  the  members  thereof,  and  at  no  other  period,  unless  as 
provided  by  this  constitution. 

Sec.  25.  No  judge  of  any  court  of  law  or  equity,  secretary  of  state, 
attorney-general,  attorney  for  the  State,  register,  clerk  of  any  court 
of  record,  sheritT,  or  collector,  member  of  either  house  of  Congress,  or 
person  holding  any  lucrative  office  under  the  United  States  or  this 
State,  (provided  that  appointments  in  the  militia,  postmasters,  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  mider  the  Government  of  the  United 
States  hold  any  office  of  honor  or  profit  mider  the  authority  of  this 
State.  ■  . 

Sec.  2G.  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. 

Sec.  27.  In  all  elections,  all  white  male  inhabitants  above  the  age 
of  twenty-one  years,  having  resided  in  the  State  six  months  next  pre- 
ceding the  election,  shall  enjoy  the  right  of  an  elector;  but  no  person 
shall  l)e  entitled  to  vote  except  in  the  county  or  district  in  which  he 
shall  actually  reside  at  the  time  of  the  election. 

Se(\  28.  All  votes  shall  be  given  rhut  voce  until  altered  l)y  the  gen- 
eral assembly. 

Sec.  20.  Electors  shall,  in  all  cases,  except  treason,  felony,  or  breach 
of  the  peace,  be  ])rivileged  from  arrest  during  their  attendance  at 
elections,  and  in  going  to  and  returning  from  the  same. 

S|:c.  30.  The  general  assembly  shall  have  full  jiower  to  exclude 
from  the  privilege  of  electing  or  being  elected  any  person  convicted 
of  bribery,  perjury,  or  any  other  infamous  crime. 

Sec.  31.  In  the  year  1820,  and  every  fifth  year  thereafter,  an  enu- 
meration of  all  the  white  inha!)itants  of  the  State  shall  be  made  in 
such  manner  as  shall  be  directed  by  law. 

Sec.  32.  All  bills  foi-  raising  a  revenue  shall  originate  in  the  house 
of  representatives,  subject,  however,  to  amendment  or  rejection  as  in 
other  cases. 


976  niinois—mS 

AUTICLK    TTT 

Section  1.  The  executive  i)()wer  of  (he  Stale  shall  be  vested  in  a 
governor. 

Sec.  2.  The  first  election  of  governor  shall  connnence  on  the  third 
Thursday  of  September  next,  and  continue  for  that  and  the  two  suc- 
ceeding days ;  and  the  next  election  shall  be  held  on  the  first  Monday 
of  August,  in  the  year  of  our  Lord  1822.  And  forever  after,  elections 
for  governor  shall  be  held  once  in  four  j^ears,  on  the  first  Monday  in 
August.  The  governor  shall  be  chosen  by  the  electors  of  the  members 
of  the  general  assembly,  at  the  same  places  and  in  the  same  manner 
that  they  shall  respectively  vote  for  members  thereof.  The  returns 
for  every  election  of  governor  shall  be  sealed  up  and  transmitted  to 
the  seat  of  government  by  the  returning  officers,  directed  to  the 
speaker  of  the  house  of  representatives,  who  shall  open  and  publish 
them  in  the  presence  of  a  majority  of  the  members  of  each  house  of 
the  general  assembly.  The  person  having  the  highest  number  of 
votes  shall  be  governor;  but  if  two  or  more  be  equal  and  highest  in 
votes,  then  one  of  them  shall  be  chosen  governor  by  joint  ballot  of 
both  houses  of  the  general  assembly.  Contested  elections  shall  be 
determined  by  both  houses  of  the  general  assembly  in  such  manner 
as  shall  be  prescribed  by  law. 

Sec.  3.  The  first  governor  shall  hold  his  office  until  the  first  Mon- 
day of  December,  in  the  year  of  our  Lord  1822,  and  until  another 
governor  shall  be  elected  and  qualified  to  office ;  and  forever  after  the 
governor  shall  hold  his  office  for  the  term  of  four  years  and  until 
another  governor  shall  be  elected  and  qualified ;  but  he  shall  not  be 
eligible  for  more  than  four  years  in  any  term  of  eight  years.  He 
shall  be  at  least  thirty  years  of  age,  and  have  been  a  citizen  of  the 
United  States  thirty  years;  two  years  of  which  next  preceding  his 
election  he  shall  have  resided  within  the  limits  of  this  State. 

Sec.  4.  He  shall,  from  time  to  time,  give  the  general  assembly  infor- 
mation of  the  state  of  the  government,  and  recommend  to  their  con- 
sideration such  measures  as  he  shall  deem  expedient. 

Sec.  5.  He  shall  have  power  to  grant  reprieves  and  pardons  after 
conviction,  except  in  cases  of  impeachment. 

Sec.  G.  The  governor  shall,  at  stated  times,  receive  a  salary  for  his 
services,  which  shall  neither  l)e  increased  nor  diminished  during  the 
term  for  which  he  shall  have  been  elected. 

Sec.  T.  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  take  care  that  the  laws  be  faithfully 
executed. 

Sec.  8.  When  any  officer,  the  right  of  whose  appointment  is,  l)y 
this  constitution,  vested  in  the  general  assembly,  or  in  the  governor 
and  senate,  shall,  during  the  recess,  die,  or  his  office  by  any  means 
become  vacant,  the  governor  shall  have  power  to  fill  such  vacancy,  by 
granting  a  commission,  which  shall  expire  at  the  end  of  the  next  ses- 
sion of  the  general  assembly. 

Sec.  9.  He  may,  on  extraordinary  occasions,  convene  the  general 
assembly  by  proclamation,  and  shall  state  to  them,  when  assembled, 
the  ])urpose  for  which  they  shall  have  been  convened. 


Illinois— 1818  977 

Sec.  10.  He  shall  be  commander-in-chief  of  the  army  and  navy  of 
this  State,  and  of  the  militia,  except  when  they  shall  be  called  into 
the  service  of  the  United  States. 

Sec.  11.  There  shall  be  elected  in  each  and  every  countj^  in  the 
said  State,  by  those  who  are  qualified  to  vote  for  members  of  the 
general  assembly,  and  at  the  same  time  and  places  where  the  election 
for  such  members  shall  be  held,  one  sheritf  and  one  coroner,  whose 
election  shall  be  subject  to  such  rules  and  regulations  as  shall  be  pre- 
scribed by  law.  The  said  sheriffs  and  coroners  respectively,  when 
elected,  shall  continue  in  office  two  years,  be  subject  to  removal  and 
disqualification,  and  such  other  rules  and  regulations  as  may  be  from 
time  to  time  prescribed  by  law. 

Sec.  12.  In  case  of  disagreement  between  two  houses  with  respect 
to  the  time  of  adjournment,  the  governor  shall  have  power  to  adjourn 
the  general  assembly  to  such  time  as  he  thinks  proper,  provided  it  be 
not  a  period  beyond  the  next  constitutional  meeting  of  the  same. 

Sec.  13.  A  lieutenant-governor  shall  be  chosen  at  every  election  for 
governor  in  the  same  manner,  continue  in  office  for  the  same  time,  and 
possess  the  same  qualifications.  In  voting  for  governor  and  lieu- 
tenant-governor, the  electors  shall  distinguish  whom  they  vote  for  as 
governor  and  whom  as  lieutenant-governor. 

Sec.  14.  He  shall,  by  virtue  of  his  office,  be  speaker  of  the  senate, 
have  a  right,  when  in  committee  of  the  whole,  to  debate  and  vote  on 
all  subjects,  and  whenever  the  senate  are  equally  divided,  to  give  the 
casting  vote. 

Sec.  15.  Whenever  the  government  shall  be  administered  by  the 
lieutenant-governor,  or  he  shall  be  unable  to  attend  as  speaker  of  the 
senate,  the  senators  shall  elect  one  of  their  own  members  as  speaker 
for  that  occasion;  and  if,  during  the  vacancy  of  the  office  of  gov- 
ernor, the  lieutenant-governor  shall  be  impeached,  removed  from 
office,  refuse  to  qualify,  or  resign,  or  die,  or  be  absent  from  the  State, 
the  speaker  of  the  senate  shall  in  like  manner  administer  the  gov- 
ernment. 

Sec.  1G.  The  lieutenant-governor,  while  he  acts  as  speaker  of  the 
senate,  shall  receive  for  his  services  the  same  compensation  which 
shall,  for  the  same  period,  be  allowed  to  the  speaker  of  the  house  of 
representatives  and  no  more;  and  during  the  time  he  administers 
the  government  as  governor,  he  shall  receive  the  same  compensation 
which  the  governor  would  have  received  had  he  been  employed  in 
the  duties  of  his  office. 

Sec.  it.  If  the  lieutenant-governor  shall  be  called  upon  to  admin-" 
ister  the  government,  and  shall,  while  in  such  administration,  resign, 
die,  or  be  absent  from  the  State  during  the  recess  of  the  general 
assembly,  it  shall  be  the  duty  of  the  secretary  for  the  time  being  to 
convene  the  senate  for  the  purpose  of  choosing  a  speaker. 

Sec.  18.  In  case  of  an  impeachment  of  the  governor,  his  removal 
from  office,  death,  refusal  to  qualify,  resignation  or  absence  from 
the  State,  the  lieutenant-governor  shall  exercise  all  the  power  and 
authority  appertaining  to  the  office  of  governor,  until  the  time  pointed 
out  by  this  constitution  for  the  election  of  governor  shall  arrive, 
unless  the  general  assembly  shall  i)rovide  by  law  for  the  election  of  a 
governor  to  fill  such  vacancy. 


978  Illinois— 1818 

Skc.  19.  The  governor  for  the  tiuu'  lu'iiig,  and  the  judges  of  the 
supreme  court  or  a  major  part  of  them,  together  with  the  governor, 
shall  be,  and  are  hereby,  constituted  a  council  to  revise  all  bills  about 
to  be  passed  into  laws  by  the  general  assembly ;  and  for  that  purpose 
shall  assemble  themselves  from  time  to  time  when  the  general  assem- 
bly shall  be  convened,  for  which  nevertheless  they  shall  not  receive 
any  salary  or  consideration  imder  any  pretence  whatever;  and  all 
bills  which  have  passed  the  senate  and  house  of  representatives  shall, 
before  they  become  law^s,  be  presented  to  the  said  council  for  their 
revisal  and  consideration;  and  if,  upon  such  revisal  and  considera- 
tion, it  should  appear  improper  to  the  said  council  or  a  majority  of 
them,  that  the  bill  should  become  a  law  of  this  State,  they  shall 
return  the  same,  together  with  their  objections  thereto,  in  writing, 
to  the  senate  or  house  of  representatives,  (in  whichsoever  the  same 
shall  have  originated,)  who  shall  enter  the  objections  set  down  by 
the  council  at  large  in  their  minutes,  and  proceed  to  reconsider  the 
said  bill.  But  if,  after  such  reconsideration,  the  said  senate  or  house 
of  representatives  shall,  notwithstanding  the  said  objections,  agree 
to  pass  the  same  by  a  majority  of  the  whole  number  of  members 
elected,  it  shall,  together  with  the  said  objections,  be  sent  to  the 
other  branch  of  the  general  assembly,  where  it  shall  also  be  recon- 
sidered, and  if  approved  by  a  majority  of  all  the  members  elected, 
it  shall  become  a  law.  If  any  bill  shall  not  be  returned  within  ten 
days  after  it  shall  have  been  presented,  the  same  shall  be  a  law, 
unless  the  general  assembly  shall  by  their  adjournment,  render  a 
return  of  the  said  bill  in  ten  days  impracticable;  in  which  case  the 
said  bill  shall  be  returned  on  the  first  day  of  the  meeting  of  the 
general  assembly,  after  the  expiration  of  the  said  ten  days,  or  be  a 
law. 

Sec.  20.  The  governor  shall  nominate,  and  by  and  with  the  advice 
and  consent  of  the  senate  appoint,  a  secretary  of  state,  who  shall  keep 
a  fair  register  of  the  official  acts  of  the  governor,  and,  when  required, 
shall  lay  the  same,  and  all  papers,  minutes,  and  vouchers  relative 
thereto,  before  either  branch  of  the  general  assembly,  and  shall  per- 
form such  other  duties  as  shall  be  assigned  him  by  law. 

Sec.  21.  The  State  treasurer  and  public  printer  or  printei'S  for  the 
State  shall  be  appointed  biennially  by  the  joint  vote  of  both  branches 
of  the  general  assembly:  Provided^  That  during  the  recess  of  the 
same  the  governor  shall  have  power  to  fill  such  vacancies  as  may 
happen  in  either  of  said  offices. 

Sec.  22.  The  governor  shall  nominate,  and  by  and  with  the  advice 
and  consent  of  the  senate  appoint,  all  officers  whose  offices  are  estab- 
lished by  this  constitution,  or  shall  be  established  by  law,  and  whose 
ajjpointments  are  not  herein  otherwise  provided  for:  Prooided^  how- 
ever, That  inspectors,  collectors,  and  their  deputies,  surveyors  of  the 
highways,  constables,  jailers,  and  such  inferior  officers  whose  juris- 
diction may  be  confined  within  the  limits  of  the  county,  shall  be 
appointed  in  such  manner  as  the  general  assembly  shall  prescribe. 

Article  IV 

Section  1.  The  judicial  power  of  this  State  shall  be  vested  in  one 
supreme  court,  and  such  inferior  courts  as  the  general  assembly  shall, 
from  time  to  time,  ordain  and  establish. 


IllinoU—1818  979 

Sec.  2.  The  supreme  coiiil  sliall  he  hoklen  at  the  seat  of  goverii- 
luent,  and  shall  have  an  appellate  jurisdiction  only,  except  in  cases 
relating  to  the  revenue,  in  cases  of  luaiidamiiH^  and  in  such  cases  of 
impeachment  as  may  be  required  to  be  tried  before  it. 

Sec.  3.  The  supreme  court  shall  consist  in  a  chief -justice  and  three 
associates,  any  two  of  whom  shall  form  a  quorum.  The  number  of 
justices  may,  hoAvever,  be  increased  by  the  general  assembly  after 
the  year  1824. 

Sec,  4.  The  justices  of  the  supreme  court  and  the  judges  of  the 
inferior  courts  shall  be  appointed  by  joint  ballot  of  both  branches  of 
the  general  assembly,  and  commissioned  by  the  governor,  and  shall 
hold  their  offices  during  good  behavior  until  the  end  of  the  first  ses- 
sion of  the  general  assembly,  Avhich  shall  be  begun  and  held  after 
the  1st  day  of  January,  in  the  year  of  our  Lord  1824,  at  which  time 
their  commissions  shall  expire;  and  until  the  expiration  of  which 
time  the  said  justices,  respectively,  shall  hold  circuit  courts  in  the 
several  counties,  in  such  manner,  and  at  such  times,  and  shall  have 
and  exercise  such  jurisdiction  as  the  general  assembly  shall  by  law 
prescribe.  But  ever  after  the  aforesaid  period  the  justices  of  the 
supreme  court  shall  be  commissioned  during  good  behavior,  and 
the  justices  thereof  shall  not  hold  circuit  courts  unless  required  by 
law. 

Sec.  5.  The  judges  of  the  inferior  courts  shall  hold  their  offices 
during  good  behavior,  but  for  any  reasonable  cause,  which  shall  not 
be  sufficient  ground  for  impeachment,  both  the  judges  of  the  supreme 
and  inferior  courts  shall  be  removed  from  office  on  the  address  of 
two-thirds  of  each  branch  of  the  general  assembly:  Provided  ahvays, 
That  no  member  of  either  house  of  the  general  assembly,  nor  any 
person  connected  with  a  member  by  consanguinity  or  affinity,  shall 
be  appointed  to  fill  the  vacancy  occasioned  b}^  such  removal.  The 
said  justices  of  the  supreme  court,  during  their  temporary  appoint- 
ment, shall  receive  an  annual  salary  of  one  thousand  dollars,  payable 
quarter-yearly  out  of  the  public  treasury.  The  judges  of  the  in- 
ferior courts,  and  the  justices  of  the  supreme  court  who  may  be 
appointed  after  the  end  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  1824,  shall  have  adequate  and  competent  salaries, 
which  shall  not  be  diminished  during  their  continuance  in  office. 

Sec.  (>.  The  supreme  court,  or  a  majority  of  the  justices  thereof, 
the  circuit  courts,  or  the  justices  thereof,  shall,  respectively,  appoint: 
t  heir  own  clerks. 

Sec.  7.  All  process,  writs,  and  other  proceedings  shall  run  in  the 
name  of  "  The  people  of  the  State  of  Illinois."  All  prosecutions 
shall  be  carried  on  ''  In  the  name  and  by  the  authority  of  the  people 
of  the  State  of  Illinois,"  and  conclude  ''Against  the  peace  and  dignity 
of  the  same." 

Sec.  8.  A  competent  number  of  justices  of  the  peace  shall  be  ap- 
pointed in  each  county,  in  such  manner  as  the  general  assembly  may 
direct,  whose  time  of  service,  power,  and  duties  shall  be  regulated  and 
defined  by  law.  And  justices  of  the  peace,  when  so  appointed,  shall 
be  connnissioned  by  the  governor. 


9S0  Illinois— 181S 

Article  V 

Section  i.  The  militia  of  the  State  of  Illinois  shall  consist  of  all 
free,  male,  able-bodied  persons,  (negroes,  mulattoes,  and  Indians 
excepted,)  resident  in  the  State,  between  the  age  of  eighteen  and 
forty-five  years,  (except  such  persons  as  now  are,  or  hereafter  may  be, 
exempted  by  the  law  of  the  United  States  or  of  this  State,)  and  shall 
be  armed,  equipped,  and  trained  as  the  general  assembly  may  provide 
by  laAv. 

Sec  2.  No  person  or  persons  conscientiously  scrupulous  of  bearing 
arms  shall  be  compelled  to  do  militia  duty  in  time  of  peace :  Provided^ 
Such  person  or  persons  shall  pay  an  equivalent  for  such  exemptions. 

Sec.  3.  Company,  battalion,  and  regimental  officers,  staff  officers 
excepted,  shall  be  elected  by  the  persons  composing  their  several  com- 
panies, battalions,  and  regiments. 

Sec.  4.  Brigadier  and  major  generals  shall  be  elected  by  the  officers 
of  their  brigades  and  divisions  respectively. 

Sec.  5.  All  militia  officers  shall  be  commissioned  by  the  governor, 
and  may  hold  their  commissions  during  good  behavior,  or  until  they 
arrive  at  the  age  of  sixty  years. 

Sec  6.  The  militia  shall  in  all  cases,  except  treason,  felony,  or 
breach  of  the  peace,  be  privileged  from  arrest  during  their  attendance 
at  musters  and  elections  of  officers,  and  in  going  to  and  returning 
from  the  same. 

Article  VI 

Section  1.  Neither  slavery  nor  involuntary  servitude  shall  here- 
after be  introduced  into  this  State,  otherwise  than  for  the  punishment 
of  crimes,  whereof  the  party  shall  have  been  duly  convicted;  nor 
shall  any  male  person,  arrived  at  the  age  of  twenty-one  years,  nor 
female  person  arrived  at  the  age  of  eighteen  years,  be  held  to  serve 
any  person  as  a  servant,  under  any  indenture  hereafter  made,  unless 
such  person  shall  enter  into  such  indenture  while  in  a  state  of  perfect 
freedom,  and  on  condition  of  a  hona-fde  consideration  received  or 
to  be  received  for  their  service.  Nor  shall  any  indenture  of  any 
negro  or  mulatto,  hereafter  made  and  executed  out  of  this  State,  or 
if  made  in  this  State,  where  the  term  of  service  exceeds  one  year, 
be  of  at  least  validit}^,  except  those  given  in  cases  of  apprenticeship. 

Sec  2.  No  person  bound  to  labor  in  any  other  State  shall  be  hired 
to  labor  in  this  State,  except  within  the  tract  reserved  for  the  salt- 
works near  Shawneetown;  nor  even  at  that  place  for  a  longer  period 
than  one  j^ear  at  any  one  time;  nor  shall  it  be  allowed  there  after  the 
year  1825.  Any  violation  of  this  article  shall  eflPect  the  emancipation 
of  such  person  from  his  obligation  to  service. 

Sec  3.  Each  and  every  person  who  has  been  bound  to  service  by 
contract  or  indenture  in  virtue  of  the  laws  of  Illinois  Territory  here- 
tofore existing,  and  in  conformit}^  to  the  provisions  of  the  same,  with- 
out fraud  or  collusion,  shall  be  held  to  a  specific  performance  of  their 
contracts  or  indentures;  and  such  negroes  and  mulattoes  as  have  been 
registered  in  conformity  with  the  aforesaid  laws  shall  serve  out  the 
time  appointed  by  said  laws:  Provided^  hoicever,  That  the  children 
hereafter  born  of  such  person,  negroes,  or  mulattoes,  shall  become 
free,  the  males  at  the  age  of  twenty-one  years,  the  females  at  the  age 


Illinois— 1818  981 

of  eigiiteeii  years.  Each  and  every  child  born  of  indentnred  parents 
shall  be  entered  with  the  clerk  of  the  coiuity  in  which  they  i-eside,  by 
their  owners.  Avithin  six  months  after  the  birth  of  said  child. 

'  Article  VII 

Sectiox  1.  Whenever  two-thirds  of  the  general  assembly  shall 
think  it  necessary  to  alter  or  amend  this  constitution,  they  shall 
reconmiend  to  the  electors,  at  the  next  election  of  members  to  the  gen- 
eral assembly,  to  vote  for  or  against  a  convention;  and  if  it  shall 
appear  that  a  majority  of  all  the  citizens  of  the  State,  voting  for 
representatives,  have  voted  for  a  convention,  the  general  assembly 
shall,  at  their  next  session,  call  a  convention,  to  consist  of  as  many 
members  as  there  may  be  in  the  general  assembly,  to  be  chosen  in  the 
same  manner,  at  the  same  place,  and  by  the  same  electors  that  choose 
the  general  assembly;  and  Avhich  convention  shall  meet  within  three 
months  after  said  election,  for  the  purpose  of  revising,  altering,  or 
amending  this  constitution. 

Article  VIII 

That  the  general,  great,  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  unalterably  established,  we 
declare : 

Sectiox  1.  That  all  men  are  born  equally  free  and  independent, 
and  have  certain  inherent  and  indefeasible  rights;  among  which  are 
those  of  enjoying  and  defending  life  and  liberty,  and  of  acquiring, 
possessing,  and  protecting  property  and  reputation,  and  of  pursuing 
their  own  happiness. 

Sec.  2.  That  all  power  is  inherent  in  the  people,  and  all  free  gov- 
ernments are  founded  on  their  authority,  and  instituted  for  their 
peace,  safet}',  and  happiness. 

Sec.  3.  That  all  men  have  a  natural  and  indefeasible  right  to  wor- 
ship Almighty  God  according  to  the  dictates  of  their  own  consciences; 
that  no  man  can  of  right  be  compelled  to  attend,  erect,  or  support  any 
place  of  worship,  or  to  maintain  any  ministry  against  his  consent; 
that  no  human  authority  can,  in  any  case  whatever,  control  or  inter- 
fere with  the  rights  of  conscience;  and  that  no  ])refereiice  shall  ever 
be  given  by  law  to  any  religious  establishments  or  modes  of  worship. 

Sec.  4.  That  no  religious  test  shall  ever  be  required  as  a  qualifica- 
tion to  any  office  or  public  trust  under  this  State. 

Sec.  5.  That  elections  shall  be  free  and  equal. 

Sec.  6.  That  the  right  of  the  trial  by  jury  shall  remain  inviolate. 

Sec.  7.  That  the  people  shall  be  secure  in  their  persons,  houses, 
jiapers,  and  possessions  from  unreasonable  searches  and  seizures;  and 
that  general  warrants,  whereby  an  officer  may  be  commanded  to 
search  suspected  places  without  evidence  of  the  fact  conunitted.  or  to 
seize  any  person  or  persons  not  named,  whose  offences  are  not  particu- 
larly described  and  supported  by  evidence,  are  dangerous  to  liberty, 
i-.nd  ought  not  to  be  granted. 

Sec  8.  That  no  freeman  shall  be  imprisoned  or  disseized  of  his 
freehold,  liberties,  or  privileges,  or  outlawed  or  exiled,  or  in  any 
manner  dej)rived  of  his  life,  liberty,  or  jn-operty,  but  by  the  judgment 
of  his  peers  or  the  law  of  the  land.  And  all  lands  which  have  been 
granted  as  a  common  to  the  inhabitants  of  any  town,  hamlet,  village, 


982  Illinois— 1818 

or  cori^oratiou,  hv  any  person,  Inxiy  politic  or  corporate,  or  by  any 
governnicnt  havinii;  power  to  make  such  <2:rant,  shall  forever  remain 
common  to  the  inhabitants  of  such  town,  hamlet,  villa<^e,  or  (corpora- 
tion;  and  the  said  conunons  shall  not  be  leased,  sold,  or  divided  under 
any  pretence  whatever:  Prooided^  however ^  That  nothinf^  in  this  sec- 
tion shall  be  so  construed  as  to  affect  the  commons  of  Cahokia  or 
Prairie  du  Pont:  Provided  also,  That  the  general  assembly  shall 
have  power  and  authority  to  grant  the  same  privileges  to  the  inhab- 
itants of  the  said  villages  of  Cahokia  and  Prairie  du  Pont  as  are 
hereby  granted  to  the  inhabitants  of  other  towns,  hamlets,  and  vil- 
lages. 

Sec.  9.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right 
to  be  heard  by  himself  and  counsel;  to  demand  the  nature  and  cause 
of  the  accusation  against  him;  to  meet  the  witnesses  face  to  face;  to 
have  compulsory  process  to  compel  the  attendance  of  witnesses  in 
his  favor;  and  in  prosecutions  by  indictment  or  information,  a 
speed}^  public  trial  by  an  impartial  jury  of  the  vicinage;  and  that  he 
shall  not  be  compelled  to  give  evidence  against  himself. 

Sec.  10.  That  no  person  shall,  for  any  indictable  offence,  be  pro- 
ceeded against  criminally  by  information,  except  in  cases  arising  in 
the  land  or  naval  forces,  or  the  militia  when  in  actual  service,  in 
time  of  war,  or  public  danger,  by  leave  of  the  courts,  for  oj)pression 
or  misdemeanor  in  office. 

Sec.  11.  Xo  person  shall,  for  the  same  offence,  be  twice  jDut  in 
jeopardy  of  his  life  or  limb ;  nor  shall  any  man's  propert}^  be  taken 
or  applied  to  public  use,  without  the  consent  of  his  representatives  in 
the  general  assembly,  nor  without  just  compensation  being  made 
to  him. 

Sec.  12.  Everj^  person  within  this  State  ought  to  find  a  certain 
remedy  in  the  laws  for  all  injuries  or  wrongs  whicl:  he  may  receive 
in  his  person,  property,  or  character;  he  ought  to  obtain  right  and 
justice  freely,  and  without  being  obliged  to  purchase  it,  completely 
and  without  denial,  promptly  and  Avithout  delay,  conformably  to  the 
laws. 

Sec.  13.  That  all  persons  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offences,  where  the  proof  is  evident  or  the  presump- 
tion 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. 

Sec.  14.  All  penalties  shall  be  proportioned  to  the  nature  of  the 
offence,  the  true  design  of  all  punishment  being  to  reform,  not  to 
exterminate,  mankind. 

Sec.  15.  Xo  person  shall  be  imprisoned  for  debt,  unless  upon  re- 
fusal to  deliver  up  his  estate  for  the  benefit  of  his  creditors,  in  such 
manner  as  shall  be  prescribed  by  law,  or  in  cases  where  there  is  strong 
presumption  of  fraud. 

Sec.  16.  Xo  ex  post  facto  laAv,  nor  any  law  impairing  the  validity 
of  contracts,  shall  ever  be  made ;  and  no  conviction  shall  work  corrup- 
tion of  blood  or  forfeiture  of  estate. 

Sec.  17.  That  no  person  shall  be  liable  to  be  transported  out  of 
this  State  for  any  offence  committed  within  the  same. 

Sec.  18.  That  a  frequent  recurrence  to  the  fundamental  principles 
of  civil  government  is  absolutely  necessary  to  preserve  the  blessings 
of  liberty. 


Illinois— ISIS  983 

Sec.  10.  That  the  people  have  a  right  to  assemble  together  in  a 
peaceable  manner  to  consult  for  their  common  good,  to  instruct  their 
representatives,  and  to  apply  to  the  general  assembly  for  redress  of 
grievances. 

Sec.  20.  That  the  mode  of  levying  a  tax  shall  be  by  valuation,  so 
that  every  person  shall  pay  a  tax  in  proportion  to  the  value  of  the 
property  he  or  she  has  in  his  or  her  possession. 

Sec.  21.  That  there  shall  be  no  other  banks  or  moneyed  institutions 
in  this  State  but  those  already  provided  by  law,  except  a  State  bank 
and  its  branches,  which  may  be  established  and  regulated  by  the  gen- 
ci-al  asseml)ly  of  the  State  as  they  nuiy  think  })roper. 

Sec.  22.  The  printing-presses  shall  be  free  to  every  person  who 
undertakes  to  examine  the  proceedings  of  the  general  asseml)ly  or  of 
any  bi-anch  of  government ;  and  no  law  shall  qwv  he  made  to  restrain 
the  right  thereof.  The  free  communication  of  thoughts  and  opinions 
is  one  of  the  invaluable  rights  of  man,  and  every  citizen  may  freely 
s])eak,  write,  and  print  on  anv  subject,  being  responsible  for  the  abuse 
of  that  liberty. 

Sec.  23.  In  prosecutions  for  the  publication  of  papers  investigating 
the  official  conduct  of  officers,  or  of  men  acting  in  a  public  capacity, 
or  where  the  matter  published  is  j^roper  for  public  information,  the 
truth  thereof  may  be  given  in  evidence.  And  in  all  indictments  for 
libels  the  jury  shall  have  the  right  of  determining  both  the  law  and 
the  fact,  under  the  direction  of  the  court,  as  in  other  cases. 

Schedule 

Section  1.  That  no  inconveniences  may  arise  from  the  change  of  a 
territorial  to  a  permanent  State  government,  it  is  declared  by  the  con- 
vention that  all  rights,  suits,  actions,  prosecutions,  claims,  and  con- 
tracts, both  as  it  respects  individuals  and  bodies-corporate,  shall  con- 
tinue as  if  no  change  had  taken  place  in  this  government  in  virtue  of 
the  laws  now  in  force. 

Sec.  2.  All  fines,  penalties,  and  forfeitures  due  and  OAving  to  the 
Territory  of  Illinois  shall  inure  to  the  use  of  the  State.  All  bonds 
executed  to  the  governor,  or  to  any  other  officer  in  his  official  capacity 
in  the  Territory,  shall  pass  over  to  the  governor  or  to  the  officers  of 
the  State,  and  their  successors  in  office,  for  the  use  of  the  State,  b}^  him 
or  by  them  to  be  respectively  assigned  over  to  the  use  of  those  con- 
cerned, as  the  case  may  be. 

Sec.  3.  No  sheriff  or  collector  of  public  moneys  shall  be  eligible  to 
any  office  in  this  State,  until  they  have  paid  over,  according  to  law, 
all  moneys  which  they  may  have  collected  by  virtue  of  their  respective 
offices. 

Sec.  4.  There  shall  be  elected  in  each  county  three  comity  connnis- 
sioners  for  the  piu'pose  of  transacting  all  county  business,  whose  time 
of  service,  ])ower,  and  duties  shall  be  regulated  and  defined  by  law. 

Sec.  5.  The  goxei-nor,  secretary,  and  judges,  and  all  other  offic(M's 
under  the  territorial  government,  shall  continue  in  the  exercise  of  the 
duties  of  their  respective  de])artments  until  the  said  officers  are  super- 
seded under  the  authority  of  this  constitution. 

Sec.  C).  The  governor  of  this  State  shall  make  use  of  his  private  seal 
until  a  State  seal  shall  be  provided. 

Sec.  7.  The  oaths  of  office  herein  directed  to  be  taken  mav  be  admin- 


984  llUnoiii—lSlS 

isterocl  by  any  justice  of  the  peace  until  the  general  assembly  shall 
otherwise  direct. 

Sec.  S   j  Apportionment  of  senators  and  rejjresentatives."] 

Sec.  0.  The  ])resident  of  the  convention  shall  issue  writs  of  election, 
directed  to  the  several  sheritfs  of  the  several  counties,  or  in  case  of  the 
absence  or  disability  of  any  sheriff,  then  to  the  deputy  sheriif,  and  in 
case  of  the  absence  or  disability  of  the  deputy  sheriff,  then  such  writ 
to  be  directed  to  the  coroner,  requiring  them  to  cause  an  election  to  be 
held  for  governor,  lieutenant-governor,  Eepresentative  to  the  pres- 
ent Congress  of  the  ITnited  States,  and  members  to  the  general  assem- 
bly, and  sheriffs  and  coroners  in  the  respective  counties;  such  election 
to  commence  on  the  third  Thursday  of  September  next,  and  to  con- 
tinue for  that  and  the  two  succeeding  days;  and  which  election  shall 
be  conducted  in  the  manner  prescribed  by  the  existing  election  laws 
of  the  Illinois  Territory ;  and  the  said  governor,  lieutenant-governor, 
members  of  the  general  assembly,  sheriffs,  and  coroners,  then  duly 
elected,  shall  continue  to  exercise  the  duties  of  their  respective  offices 
for  the  time  prescribed  by  this  constitution,  and  until  their  successor 
or  successors  are  qualified,  and  no  longer. 

Sec.  10.  An  auditor  of  public  accounts,  an  attorney-general,  and 
such  other  officers  for  the  State  as  may  be  necessary,  may  be  appointed 
by  the  general  assembly,  whose  duties  may  be  regulated  by  law. 

Sec.  11.  It  shall  be  the  duty  of  the  general  assembly  to  enact  such 
laws  as  ma}''  be  necessary  and  proper  to  prevent  the  practice  of  duel- 
ling. 

Sec.  12.  All  white  male  inhabitants  above  the  age  of  twenty-one 
years,  who  shall  be  actual  residents  of  this  State  at  the  signing  of  this 
constitution  shall  have  a  right  to  vote  at  the  election  to  be  held  on  the 
third  Thursday  and  the  two  following  days  of  September  next. 

Sec.  13.  The  seat  of  government  for  the  State  shall  be  at  Kaskaskia 
until  the  general  assembly  shall  othej-wise  provide.  The  general 
assembly,  at  their  first  session  holden  under  the  authority  of  this  con- 
stitution, shall  petition  the  Congress  of  the  United  States  to  grant  to 
this  State  a  quantity  of  land,  to  consist  of  not  more  than  four,  nor  less 
than  one  section,  or  to  give  to  this  State  the  right  of  pre-emption  in 
the  purchase  of  the  said  quantity  of  land ;  the  said  land  to  be  situate 
on  the  Kaskaskia  River,  and,  as  near  as  may  be,  east  of  the  third  prin- 
cipal meridian  on  said  river.  Should  the  prayer  of  such  petition  be 
granted,  the  general  assembly,  at  their  next  session  thereafter,  shall 
provide  for  the  appointment  of  five  commissioners  to  make  the  selec- 
tion of  said  land  so  granted;  and  shall  further  provide  for  laying 
out  a  town  upon  the  land  so  selected ;  which  town,  so  laid  out,  shall  be 
the  seat  of  government  of  this  State  for  the  term  of  twenty  years. 
Should,  however,  the  prayer  of  said  petition  not  be  granted,  the  gen- 
eral assembly  shall  have  power  to  make  such  provisions  for  a  perma- 
nent seat  of  government  as  may  be  necessary,  and  shall  fix  the  same 
Avhere  they  maj''  think  best. 

oThis  section  was  changed  by  the  following  acts:  Laws  1821.  (14  Feb..)  154. 
Resolution  I'econiniencling  a  special  session  to  nialve  a  new  apportionment.  Laws 
1825.  18G.  Act  in  pursuance  thereof:  Laws  1826,  (12  Jan.,)  45;  Laws  18.31, 
(7  Feb.,)  5;  Laws  1830,  (14  Jan..)  2(58.  Same  repealed:  R.  S..  184.5,  4.55:  Laws 
1841.  (2fi  Feb.,)  23;  Laws  1843.  (3  Feb..)  10;  /(/..  ((>  Feb..)  11.  Acts  providing  for 
special  election  of  senator  and  representatives:  Laws  1843.  136.  137.  Apportion- 
ment acts  amended  :  Laws  184.5.  (21  Feb..)  51:  Uh.  (1  Mar..)  120:  id..  (15  Jan.,) 
191;  id.,  (23  Jan.,)  197.     General  act:  Laws  1847,  (25  Feb.,)  3. 


Illinois— 1818  985 

Sec.  14.  Any  person  of  thirty  years  of  age  who  is  a  citizen  of  the 
United  States  and  has  resided  within  the  limits  of  this  State  two  years 
next  preceding  his  election,  shall  be  eligible  to  the  office  of  lientenant- 
governor;  anything  in  the  thirteenth  section  of  the  third  article  of 
this  constitution  contained  to  the  contrary  notwithstanding. 


RESOLUTION  OF  CONGRESS— 1818  " 

Resolution  deflaring  tlir  aduiission  uf  tlit>  StatL'  of  Illinois  into  the  TTnion 

Resoloed  hy  the  Senate  and  House  of  Represehtatlves  of  the  United, 
States  of  America  in  Congress  assembled^  That  whereas,  in  pursuance 
of  an  act  of  Congress  passed  on  the  eighteenth  day  of  April,  one  thou- 
sand eight  hundred  and  eighteen,  entitled  '"An  act  to  enable  the  people 
of  the  Illinois  Territory  to  form  a  constitution  and  State  government, 
and  for  the  admission  of  such  State  into  the  ITnion,  on  an  equal  foot- 
ing with  the  original  States,"  the  people  of  said  Territor^^  did,  on  the 
twenty-sixth  day  of  iiugust,  in  the  present  year,  by  a  convention 
called  for  that  purpose,  form  for  themselves  a  constitution  and.  State 
government,  which  constitution  and  State  goA-ernment,  so  formed,  is 
rejMiblican.  and  in  conformity  to  the  principles  of  the  articles  of  com- 
pact between  the  original  States  and  the  people  and  States  in  the 
territory  northwest  of  the  river  Ohio,  passed  on  the  thirteenth  day  of 
July,  one  thousand  seven  hundred  and  eighty-seven  : 

Resolved  hy  the  Senate  and  House  of  Representatioes  of  the  United 
States  of  America  in  Congress  assembled.  That  the  State  of  Illinois 
shall  be  one,  and  is  hereby  declared  to  be  one,  of  the  United  States 
of  America,  and  admitted  into  the  Union  on  an  equal  footing  with 
the  original  States,  in  all  respects  whatever. 

Approved,  December  3,  1818. 


CONSTITUTION  OF  ILLINOIS— 1848  *  " 

PREAMBLK 

We,  the  people  of  the  State  of  Illinois,  grateful  to  Almighty  (jod 
for  the  civil,  political,  and  religious  liberty  which  He  hath  so  long 
permitted  us  to  enjoy,  and  looking  to  Him  for  a  blessing  upon  our 
endeavors  to  secure  aiul  transmit  the  same  unimpaired  to  succeeding 
generations,  in  order  to  form  a  more  perfect  government,  establish 

*  Verified  by  text  in  Vol.  II,  pp.  1881-1888  of  "Debates  and  ProceedinKS  "  of 
Constitutionaf  Convention  of  1809;  see  note  to  Constitution  of  1870. 

See  "  .Journal  of  the  Convention  Assembled  at  Sprinjifield.  .Tun(>  7.  1847.  in 
imrsnanc-e  of  an  act  of  the  general  assembly  of  the  State  of  Illinois,  entitled 
"An  act  to  provide  for  the  Call  of  a  Convention  "  aiiproved  February  20.  1847. 
for  the  ])urpose  of  Alterin.1,'.  Amendinj,'.  or  Revising  the  Constitution  of  the  State; 
of  Illinois.  Pultlishcd  ))y  authority  of  the  Convention.  Springfield,  Lonphier 
«&  W.-ilker.  Printers.  1847."     pp.  r)14-r>77. 

See  also,  the  debates  in  this  Convention,  rejHirted  in  the  "  State  Register." 
a  triweekly  i)aper.  Xos.  ^-'^^^>.  .June  Il2-Sept.  3,  1847,  in  the  ollice  of  the  Secretary 
of  State.  Si)ringfield.  Illinois. 

n  St.itutes  at  Larse,  Vol.  Ill,  p.  .580. 

''  This  Constitution  was  framed  by  a  Convention  which  met  .June  7,  1847,  and 
adjourned  August  ol,  1847.  It  was  submitted  to  the  people  March  5,  1848,  and 
adopted. 


986  Illinois— 1818 

justice,  insure  domostic  tranquillity,  ])r()vid(;  for  the  common  defence, 
l^roniote  the  <j:eneral  welfare,  and  secure  tlie  blessings  of  liherty  to 
ourselves  and  oui-  posterity,  do  ordain  and  establish  this  constitution 
for  the  State  of  Illinois. 

Article  I 

BOUNDARIES 

Sectjon  J.  'VUv  boundaries  and  jurisdiction  of  the  kState  shall  be 
as  folloAvs,  to  Avit :  Beginning  at  the  mouth  of  the  AYabash  River; 
thence  up  the  same,  and  with  the  line  of  Indiana,  to  the  northwest 
corner  of  said  State;  thence  east,  with  the  line  of  the  same  State,  to 
the  middle  of  Lake  Michigan ;  thence  north,  along  the  middle  of  said 
lake,  to  north  latitude  forty-tAvo  degrees  and  thirty  minutes;  thence 
west  to  the  middle  of  the  Mississippi  River,  and  thence  doAvn,  along 
the  middle  of  that  river,  to  its  confluence  Avith  the  Ohio  River;  and 
thence  up  the  latter  river,  along  its  nortliAvestern  shore,  to  the  place 
of'l)eginning:  Provided,  That  this  State  shall  exercise  such  jurisdic- 
tion upon  the  Ohio  RiA-er  as  she  is  noAv  entitled  to,  or  such  as  may 
hereafter  be  agreed  upon  by  this  State  and  the  State  of  Kentucky.     * 

Article  II 

concerning  the  distribution  of  the  powers  of  government 

Section  1.  The  powers  of  the  government  of  the  State  of  Illinois 
shall  be  divided  into  three  distinct  departments,  and  each  of  them 
be  confided  to  a  separate  body  of  magistracy,  to  Avit :  those  Avhich 
are  legislative,  to  one ;  those  Avhich  are  executiA^e,  to  another ;  and  those 
Avhich  are  judicial,  to  another. 

Sec.  2.  No  person  or  collection  of  persons,  being  one  of  these  de- 
l^artments,  shall  exercise  any  poAver  properly  belonging  to  either  of 
the  others,  except  as  hereinafter  expressly  directed  or  permitted,  and 
all  acts  in  contravention  of  this  section  shall  be  exj^ressly  directed 
all  acts  in  contravention  of  this  section  shall  be  void. 

Article  III 

OF  THE  LEGISLATIVE  DEPARTMENT 

Section  1.  The  legislative  authority  of  this  State  shall  be  A^ested 
in  a  general  assembly,  AAdiich  shall  consist  of  a  senate  and  house  of 
representatiA^es,  both  to  be  elected  by  the  people. 

Sec.  2.  The  first  election  for  senators  and  representatives  shall  be 
held  on  the  Tuesday  after  the  first  Monday  in  November,  one  thou- 
sand 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  INIonday  in  NoAcmber,  in  each  and 
every  country,  at  such  places  therein  as  may  be  provided  by  law. 

Sec.  3.  No  person  shall  be  a  representatiA^e  Avho  shall  not  have 
attained  the  age  of  tAventy-five  years ;  Avho  shall  not  be  a  citizen  of  the 
United  States,  and  three  years  an  inhabitant  of  this  State;  Avho  shall 
not  liaA'e  resided  Avithin  the  limits  of  the  county  or  district  in  Avhich 
he  shall  be  chosen  tAvelve  months  next  preceding  his  election,  if  such 


Illinois— 1818  987 

count}'  or  district  shall  have  been  so  long  erected,  but,  if  not,  then 
within  the  limits  of  the  county  or  counties,  district  or  districts,  out 
of  Avhich  the  same  shall  have  been  taken,  unless  he  shall  have  been 
absent  on  the  public  business  of  the  United  States  or  of  this  State; 
:ind  who,  moreover,  shall  not  have  paid  a  State  or  county  tax. 

Sec.  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  which  he  shall  be  chosen  innnediately  preceding 
his  election,  if  such  county  or  district  shall  have  been  so  long  erected, 
but,  if  not,  then  within  the  limits  of  the  county  or  counties,  district 
or  districts,  out  of  which  the  same  shall  have  been  taken,  unless  he 
shall  have  been  absent  on  the  ])ublic  business  of  the  United  States 
or  of  this  State,  and  shall  not,  moreover,  have  paid  a  State  or 
county  tax. 

Sec.  5.  The  senators  at  their  first  session  herein  provided  for  shall 
be  divided  by  lot,  as  near  as  can  be,  into  two  classes.  The  seats  of 
the  first  class  shall  be  vacated  at  the  ex])iration  of  the  second  year, 
and  those  of  the  second  class  at  the  expiration  of  the  fourth  .year; 
so  that  one-half  thereof,  as  near  as  possible,  may  be  biennially  chosen 
forever  thereafter. 

Sec.  G.  The  senate  shall  consist  of  twenty-five  members,  and  the 
liouse  of  representatives  shall  consist  of  seventy-five  members,  until 
(he  population  of  the  State  shall  amount  to  one  million  of  souls,  when 
five  members  may  be  added  to  the  house,  and  five  additional  members 
for  every  five  hundred  thousand  inhabitants  thereafter,  until  the 
whole  number  of  representatives  shall  amount  to  one  hundred ;  after 
which  the  number  shall  neither  be  increased  nor  diminished ;  to  be 
aj)portioned  among  the  several  counties  according  to  the  number  of 
white  inhabitants.  In  all  future  apportionments,  where  more  than 
one  county  shall  be  thrown  into  a  representatiA^e  district,  all  the  repre- 
sentatiA'es  to  which  said  counties  may  be  entitled  shall  be  electee!  by 
the  entire  district. 

Sec.  7.  No  person  elected  to  the  general  assembly  shall  receive  any 
civil  appointment  within  this  State,  or  to  the  senate  of  the  United 
States,  from  the  governor,  the  governor  and  senate,  or  from  the 
general  asseml)ly,  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  Avith  the  State,  or  any  county  thereof, 
authorized  by  an}^  law  passed  during  the  time  for  Avhich  he  shall 
have  been  elected,  or  during  one  year  after  the  expiration  thereof. 

vSp:c.  8.  In  the  year  one  thousand  eight  hundred  and  fifty-fiA'e,  and 
every  tenth  year  thereafter,  an  cnumeratiou  of  the  inhabitants  of  this 
State  shall  be  nuide  iu  such  manner  as  shall  be  directed  by  law;  and 
in  the  year  eighteen  hundred  and  fifty,  and  every  tenth  year  there- 
after, the  census  taken  by  authority  of  the  (xOA'ernment  of  the  United 
States  shall  be'  adopted  by  the  general  assembly  as  the  enumeration 
of  this  State;  and  the  number  of  senators  and  representatives  shall, 
at  the  first  regiUar  session  holden  after  the  returns  herein  provided 
for  are  made,  be  apj^ortioned  among  the  several  counties  or  districts 
to  be  established  l)y  law,  according  to  the  number  of  white  inhabit- 
ants. 

7252— VOL  2—07 8 


988  Illinois— 1818 

!Sec.  9.  Senatorial  and  roj)resentativc  districts  shall  be  composed  of 
contiguous  territory  bounded  by  county  lines;  and  only  one  senator 
allowed  to  each  senatorial,  and  not  more  than  three  representatives  to 
any  representative  district:  Prorided.,  I'hat  cities  and  towns,  contain- 
ing the  requisite  population,  may  be  erected  into  separate  districts. 

8ec.  10.  In  forming  senatorial  and  representative  districts,  counties, 
containing  a  population  of  not  more  than  one-fourth  over  the  existing 
ratio,  shall  form  separate  districts,  and  the  excess  shall  be  given  to  the 
nearest  county  or  counties  not  having  a  senator  or  representative,  as 
the  case  may  be,  which  has  the  largest  white  population. 

Sec.  11.  The  first  session  of  the  general  assembly  shall  commence  on 
the  first  Monday  of  January,  one  thousand  eight  hundred  and  forty- 
nine;  and  forever  after  the  general  assembly  shall  meet  on  the  first 
Monday  of  Januar}^  next  ensuing  the  election  of  the  members  thereof, 
and  at  no  other  period,  unless  as  provided  by  this  constitution. 

Sec.  12.  The  senate  and  house  of  representatives,  when  assembled, 
shall  each  choose  a  speaker  and  other  officers,  (the  speaker  of  the 
senate  excepted).  Each  house  shall  judge  of  the  qualifications  and 
election  of  its  members,  and  sit  upon  its  own  adjournments.  Tavo- 
thirds  of  each  house  shall  constitute  a  quorum ;  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  compel  the  attendance  of  absent 
members. 

Sec.  13.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
jjublish  them.  The  yeas  and  nays  of  the  members  on  any  question 
shall,  at  the  desire  of  any  two  of  them,  be  entered  on  the  journals. 

Sec.  14.  Any  two  members  of  either  house  shall  have  liberty  to 
dissent  and  protest  against  an^^  act  or  resolution  which  they  may  think 
injurious  to  the  public,  or  to  any  individual,  and  have  the  reasons  of 
their  dissent  entered  on  the  journals. 

Sec.  15.  Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the  concur- 
rence of  two-thirds  of  all  the  members  elected,  expel  a  member,  but 
not  a  second  time  for  the  same  cause ;  and  the  reason  for  such  expul- 
sion shall  be  entered  upon  the  journal,  with  the  names  of  the  members 
voting  upon  the  question. 

Sec.  10.  When  vacancies  shall  happen  in  either  house,  the  governor, 
or  the  person  exercising  the  powers  of  governor,  shall  issue  writs  of 
election  to  fill  such  vacancies. 

Sec.  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  and  returning 
from  the  same;  and  for  any  speech  or  debate  in  either  house,  they 
shall  not  be  questioned  in  any  other  place. 

Sec.  18.  Each  house  may  punish,  by  imprisonment  during  its 
session,  any  person,  not  a  member,  who  shall  be  guilty  of  disrespect 
to  the  house,  bv  any  disorderly  or  contemptuous  behavior  in  their 
presence:  Provided^  Such  imprisonment  shall  not,  at  any  one  time, 
exceed  twenty-four  hours. 

Sec.  19.  The  doors  of  each  house,  and  of  committees  of  the  whole, 
shall  be  kept  oj^en,  except  in  such  cases  as,  in  the  opinion  of  the  house, 
require  secrecy.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  two  days,  nor  to  any  other  place  than 
that  in  which  the  two  houses  shall  be  sitting. 


Illinois— 1818  989 

Sec.  20.  The  style  of  the  laws  of  this  Stiite  shall  be :  "5e  it  enacted 
hy  the  people  of  the  State  of  Illinois^  represented  in  the  general 
assembly.'''' 

Sec.  21.  Bills  ma}'  originate  in  either  house,  but  may  be  altered, 
amended,  or  rejected,  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  the  concurrence  of  a 
majority  of  all  the  members  elect  in  each  house. 

Sec.  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. 

Sec  23.  Every  bill  shall  be  read  on  three  different  daj's  in  each 
house,  unless,  in  case  of  urgency,  three-fourths  of  the  house,  Avhere 
such  bill  is  so  depending,  shall  deem  it  expedient  to  dispense  with 
this  rule;  and  every  bill,  having  passed  both  houses,  shall  be  signed 
by  the  speakers  of  their  respective  houses;  and  no  private  or  local 
laAv  which  may  be  passed  by  the  general  assembly  shall  embrace  more 
than  one  subject,  and  that  shall  be  expressed  in  the  title.  And  no 
j^ublic  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 
which  the  same  may  l)e  passed,  unless,  in  case  of  emergency,  the 
general  assembly  shall  otherwise  direct. 

Sec.  24.  The  sum  of  two  dollars  per  day.  for  the  first  forty-two 
days'  attendance,  and  one  dollar  per  day  for  each  day's  attendance 
thereafter,  and  ten  cents  for  each  necessary  mile's  travel,  going  to 
and  returning  from  the  seat  of  government,  shall  be  allowed  to  the 
members  of  the  general  assembly,  as  a  compensation  for  their  services, 
and  no  more.  The  speaker  of  the  house  of  representatives  shall  be 
allowed  the  sum  of  one  dollar  per  day,  in  addition  to  his  per  diem  as 
a  member. 

Sec  25.  The  per  diem  and  mileage  allowed  to  each  member  of  the 
general  assembly  shall  be  certified  by  the  speakers  of  their  respective 
houses,  and  entered  on  the  journal,  and  published  at  the  close  of  each 
session. 

Sec  2<).  No  money  shall  be  drawn  from  the  treasury,  but  in  con- 
sequence of  appropriations  made  by  law;  and  an  accurate  state- 
ment of  the  receipts  and  expenditures  of  the  public  moneys  shall  be 
attached  to,  and  published  with,  the  laws  at  the  rising  of  each  session 
of  the  general  assembly.  And  no  person,  who  has  been  or  may  be  a 
collector  or  holder  of  the  public  moneys,  shall  be  eligible  to  a  seat 
in  either  house  of  the  general  assembl3%  nor  be  eligible  to  any  office 
of  ])rofit  or  trust  in  this  State,  until  such  person  shall  have  accounted 
for,  and  paid  into  the  treasury,  all  sums  for  Avhicli  he  may  be 
accounta1)le. 

Sec  27.  The  house  of  representatives  shall  have  the  sole  power  of 
impeaching:  l)ut  a  majority  of  all  the  meml)ers  elected  must  concur 
in  an  impeachment.  All  impeachments  shall  be  tried  by  the  senate; 
and  when  sitting  for  that  purpose  the  senators  shall  be  upon  oath, 
or  affirmation,  to  do  justice  according  to  law  and  evidence.  No  per- 
son shall  be  convicted  without  the  concurrence  of  two-thirds  of  the 
senators  elected. 

Sec.  28.  The  governor,  and  other  civil  officers  under  this  State, 


990  Illinois— 1818 

shall  be  liable  to  impeachment  for  any  misdemeanor  in  ofTiee;  but 
judgment  in  such  cases  shall  not  extend  furthci-  than  to  i-cnioval  from 
office,  and  disciualitic-itiou  to  hold  any  ollicc  of  honor,  pi'oiit.  or  trust 
under  this  State.  The  party,  whether  convicted  or  ac(iuitted,  shall, 
nevertheless,  be  liable  to  indictment,  trial,  judgment,  and  punishment, 
ttccording  to  lav^^. 

Sec.  29.  No  judge  of  any  court  of  law  or  equity,  secretary  of  state, 
attorney-general,  attorney  for  the  State,  recorder,  clerk  of  any  court 
of  record,  sherili',  or  collector,  member  of  either  house  of  Congress, 
or  person  holding  any  lucrative  office  under  the  United  States  or  of 
this  State — provided  that  appointments  in  the  militia,  or  justices  of 
the  peace,  shall  not  be  considered  lucrative  offices — shall  have  a  seat 
in  the  general  assembly;  nor  shall  any  person  holding  any  office  of 
honor  or  profit  under  the  Government  of  the  United  States  hold  any 
office  of  honor  or  profit  under  the  authority  of  this  State. 

Sec.  30.  Every  i)erson  Avho  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. 

Sec.  31.  The  general  assembly  shall  have  full  power  to  exclude 
from  the  privilege  of  electing,  or  being  elected,  any  person  convicted 
of  bribery,  perjur}^,  or  other  infamous  crime. 

Sec.  32.  The  general  assembly  shall  have  no  power  to  grant 
divorces,  but  may  authorize  the  courts  of  justice  to  grant  them  for 
such  cause  as  may  be  specified  by  law:  Provided,  That  such  laws  be 
general  and  uniform  in  their  operation. 

Sec.  33.  The  general  assembly  shall  never  grant  or  authorize  extra 
comj^ensation  to  any  public  officer,  agent,  servant,  or  contractor,  after 
the  service  shall  have  been  rendered,  or  the  contract  entered  into. 

Sec.  34.  The  general  assembly  shall  direct  by  law  in  what  manner 
suits  may  be  brought  against  the  State. 

Sec.  35.  The  general  assembly  shall  have  no  power  to  authorize 
lotteries  for  any  purpose,  nor  to  revive  or  extend  the  charter  of  the 
State  bank,  or  the  charter  of  any  other  bank  heretofore  existing  in 
this  State,  and  shall  pass  laws  to  prohibit  the  sale  of  lottery-tickets  in 
this  State. 

Sec.  36.  The  general  assembly  shall  have  no  power  to  authorize,  by 
private  or  special  laAv,  the  sale  of  any  lands  or  other  real  estate 
belonging  in  whole  or  in  part  to  any  individual  or  individuals. 

Sec.  37.  Each  general  assembly  shall  provide  for  all  the  appropria- 
tions necessary  for  the  ordinary  and  contingent  expenses  of  the  govern- 
ment until  the  adjournment  of  the  next  regular  session,  the  aggregate 
amount  of  wliich  shall  not  be  increased  without  a  vote  of  two-thirds  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  failures  in  reveinie.  contract  debts  never  to  exceed  in  the  aggregate 
fifty  thousand  dollars:  and  the  moneys  thus  borrowed  shall  be 
applied  to  the  purpose  for  which  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  Avar  (for  payment  of  which  the  faith  of  the 
State  shall  be  pledged)  shall  be  contracted,  unless  the  hnv  authoriz- 
ing the  same  shall,  at  a  general  election,  have  been  submitted  to  the 


Illinois— 1818  991 

people,  and  have  received  a  ninjorily  of  all  the  votes  cast  for  mem- 
bers of  the  general  asseml)ly  at  such  election.  The  general  assembly 
shall  provide  for  the  pnblication  of  said  law  for  three  months,  at 
least,  before  the  vote  of  the  people  shall  be  taken  upon  the  same;  and 
provision  shall  be  made,  at  the  time,  for  the  payment  of  the  interest 
annually,  as  it  shall  accrue,  by  a  tax  levied  for  the  purpose,  or  from 
other  sources  of  revenue;  which  law,  providing  for  the  payment  of 
such  interest  by  such  tax,  shall  be  irrepealable  until  such  debt  be  paid : 
And  provided  further^  That  the  law  levying  the  tax  shall  be  submit- 
ted to  the  people  with  the  law  authorizing  the  debt  to  be  contracted. 

Sec.  38.  The  credit  of  the  State  shall  not,  in  any  manner,  be  given 
to,  or  in  aid  of,  an}^  individual,  association,  or  corjDoration. 

Sec.  30.  The  general  assembl}"  shall  provide,  by  law,  that  the  fuel 
and  stationery  furnished  for  the  use  of  the  State,  the  copying,  ])rinting, 
binding,  and  distributing  the  laws  and  journals,  and  all  other  print- 
ing ordered  by  the  general  assembly,  shall  be  let.  by  contract,  to  the 
loAvest  responsible  bidder ;  and  that  no  member  of  the  general  assem- 
bly, or  other  officer  of  the  State,  shall  be  interested,  either  directly  or 
indirectly,  in  any  such  contract :  Provided^  That  the  general  assembly 
may  fix  a  maximum  price. 

Sec.  40.  Until  there  shall  be  a  new  apportionment  of  senators  and 
representatives,  the  State  shall  be  divided  into  senatorial  and  repre- 
sentative districts;  and  the  senators  and  representatives  shall  be 
apportioned  among  the  several  districts  as  follows,  viz : 

Sf^NATORIAI.    DISTRICTS  « 

1.  The  counties  of  Alexander,  Union,  Pulaski,  Johnson,  Massac, 
Pope,  and  Hardin  shall  constitute  the  first  senatorial  district,  and 
shall  be  entitled  to  one  senator. 

2.  The  counties  of  Gallatin,  Saline,  "Williamson,  Franklin,  and 
White  shall  constitute  the  second  ^;enatorial  district,  and  be  entitled 
to  one  senator. 

3.  The  counties  of  Jeiferson,  "Wayne,  Marion  and  Hamilton  shall 
constitute  the  third  senatorial  district,  and  be  entitled  to  one  senator. 

4.  The  counties  of  AYashington,  Perry,  Randolph,  and  Jackson 
shall  constitute  the  fourth  senatorial  district,  and  he  entitled  to  one 
senator. 

5.  The  counties  of  Saint  Clair  and  Monroe  shall  constitute  the  fifth 
senatorial  district,  and  l^e  entitled  to  one  senator. 

(').  The  counties  of  Madison  and  Clinton  shall  constitute  the  sixth 
senatorial  district,  and  be  entitled  to  one  senator. 

7.  The  counties  of  Christian,  Shelby,  Montgomery,  Bond,  and  Fay- 
ette shall  constitute  the  seventh  senatorial  district,  and  Ix^  entitled  to 
one  senator. 

8.  The  counties  of  Effingham,  .Jasper,  Clay,  IJichland,  Lawrence, 
Edwards,  and  Wabash  shall  constitute  the  eighth  senatorial  district, 
and  be  entitled  to  one  senator. 

i).  The  counties  of  Edgar,  Clark,  and  Crawford  shall  constitute  the 
ninth  senatorial  district,  and  be  entitled  to  one  senator. 

"This  apportionment  was  changed  by  tlio  following  acts:  Creating  2.5  senato- 
rial and  ns  representative  districts,  February  27,  1854;  creating  25  senatorial 
and  ()1  representative  districts,  January  31,  1861. 


992  Ilhhois—lSlS 

10.  The  counties  of  Vermillion,  Cliani])aion,  Piatt,  Moultrie,  Coles, 
and  Cuniberland  shall  constitute  the  tenth  senatorial  district,  and  be 
entitled  to  one  senator. 

11.  The  counties  of  Tazewell,  McLean,  Lo^an,  De  Witt,  and  Macon 
shall  constitute  the  eleventh  senatorial  district,  and  l)e  entitled  to  one 
senator. 

12.  The  counties  of  Sangamon,  Menard,  and  Mason  shall  constitute 
the  twelfth  senatorial  district,  and  be  entitled  to  one  senator. 

13.  The  counties  of  Macoupin,  Jersey,  Greene,  and  Calhoun  shall 
constitute  the  thirteenth  senatorial  district,  and  be  entitled  to  one 
senator. 

14.  The  counties  of  Morgan,  Scott,  and  Cass  shall  constitute  the 
fourteenth  senatorial  district,  and  be  entitled  to  one  senator. 

15.  The  counties  of  Adams  and  Pike  shall  constitute  the  fifteenth 
senatorial  district,  and  be  entitled  to  one  senator. 

16.  The  counties  of  McDonough,  Schuyler,  Brown,  and  Highland 
shall  constitute  the  sixteenth  senatorial  district,  and  be  entitled  to  one 
senator. 

17.  The  counties  of  Hancock  and  Henderson  shall  constitute  the 
seventeenth  senatorial  district,  and  be  entitled  to  one  senator. 

18.  The  counties  of  Fulton  and  Peoria  shall  constitute  the 
eighteenth  senatorial  district,  and  be  entitled  to  one  senator. 

19.  The  counties  of  Rock  Island,  Henry,  Mercer,  Warren,  Knox, 
and  Stark  shall  constitute  the  nineteenth  senatorial  district,  and  be 
entitled  to  one  senator. 

20.  The  counties  of  La  Salle,  Bureau,  Putnam,  Marshall,  Wood- 
ford, Livingston,  and  Grundy  shall  constitute  the  twentieth  senato- 
rial district,  and  be  entitled  to  one  senator. 

21.  The  counties  of  Du  Page,  Kendall,  Will,  and  Iroquois  shall  con- 
stitute the  twenty-first  senatorial  district,  and  be  entitled  to  one 
senator. 

22.  The  counties  of  Ogle,  Lee,  De  Kalb,  and  Kane  shall  constitute 
the  twenty-second  senatorial  district,  and  be  entitled  to  one  senator. 

23.  The  counties  of  Jo  Daviess,  Stephenson,  Carroll,  and  White- 
sides  shall  constitute  the  tw  enty-third  senatorial  district,  and  be  enti- 
tled to  one  senator. 

24.  The  counties  of  McHenry,  Boone,  and  Winnebago  shall  consti- 
tute the  twenty-fourth  senatorial  district,  and  be  entitled  to  one 
senator. 

25.  The  counties  of  Cook  and  Lake  shall  constitute  the  twenty-fifth 
senatorial  district,  and  be  entitled  to  one  senator. 

REPItESENTATIVE    DISTRICTS 

1.  The  counties  of  Union,  Alexander,  and  Pulaski  shall  constitute 
the  first  representative  district,  and  be  entitled  to  one  representative. 

2.  The  counties  of  Massac,  Pope,  and  Hardin  shall  constitute  the 
second  representative  district,  and  be  entitled  to  one  representative. 

3.  The  counties  of  Gallatin  and  Saline  shall  constitute  the  third 
representative  district,  and  be  entitled  to  one  representative. 

4.  The  counties  of  Johnson  and  Williamson  shall  constitute  the 
fourth  representative  district,  and  be  entitled  to  one  representative. 


Illinois— 1818  993 

5.  The  coimties  of  Jackson  and  Franklin  shall  constitute  the  fiftli 
representative  district,  and  be  entitled  to  one  representative. 

G,  The  counties  of  Marion,  Jefferson,  Wayne,  and  Hamilton  shall 
constitute  the  sixth  representative  district,  and  be  entitled  to  three 
representatives:  Provided,  That  no  county  in  said  district  shall  have 
more  than  one  of  said  representatives,  and  the  county  from  which  a 
senator  shall  be  selected  shall  not  be  entitled  to  a  representative  resid- 
ing in  said  county. 

7.  The  county  of  White  shall  constitute  the  seventh  representative 
district,  and  be  entitled  to  one  representative. 

8.  The  counties  of  Wabash  and  Edwards  shall  constitute  the  eighth 
representative  district,  and  be  entitled  to  one  representative. 

9.  The  counties  of  Lawrence  and  Richland  shall  constitute  the 
ninth  representative  district,  and  be  entitled  to  one  representative. 

10.  The  counties  of  Crawford  and  Jasper  shall  constitute  the  tenth 
representative  district,  and  be  entitled  to  one  representative. 

11.  The  county  of  Coles  shall  constitute  the  eleventh  representative 
district,  and  be  entitled  to  one  representative. 

12.  The  county  of  Clark  shall  constitute  the  twelfth  representative 
district,  and  be  entitled  to  one  representative. 

13.  The  counties  of  Cumberland,  Effingham,  and  Clay,  shall  consti- 
tute the  thirteenth  representative  district,  and  be  entitled  to  one  repre- 
sentative. 

14.  The  county  of  Fayette  shall  constitute  the  fourteenth  repre- 
sentative district,  and  be  entitled  to  one  representative. 

15.  The  counties  of  Montgomery,  Bond,  and  Clinton  shall  consti- 
tute the  fifteenth  representative  district,  and  be  entitled  to  two  repre- 
sentatives. 

10.  The  counties  of  Washington  and  Perry  shall  constitute  the  six- 
teenth representative  district,  and  be  entitled  to  one  representative. 

17.  The  county  of  Randolph  shall  constitute  the  seventeenth  repre- 
sentative district,  and  be  entitled  to  one  representative. 

18.  The  county  of  Monroe  shall  constitute  the  eighteenth  repre- 
sentative district,  and  be  entitled  to  one  representative. 

19.  The  county  of  Saint  Clair  shall  constitute  the  nineteenth  repre- 
sentative district,  and  be  entitled  to  two  representatives. 

20.  The  county  of  Madison  shall  constitute  the  twentieth  repre- 
sentative district,  and  be  entitled  to  two  representatives. 

21.  The  county  of  Macoupin  shall  constitute  the  twent^^-first  repre- 
sentative district,  and  be  entitled  to  one  representative. 

22.  The  counties  of  Jersey  and  Greene  shall  constitute  the  twenty- 
second  representative  district,  and  be  entitled  to  two  representatives. 

23.  The  county  of  Scott  shall  constitute  the  twenty-third  repre- 
sentative district,  and  be  entitled  to  one  representative. 

24.  The  county  of  Morgan  shall  constitute  the  twenty-fourth  repre- 
sentative district,  and  be  entitled  to  two  representatives. 

25.  The  counties  of  Cass  and  Menard  shall  constitute  the  twenty- 
fifth  representative  district,  and  be  entitled  to  one  representative. 

2G.  The  county  of  Sangamon  shall  constitute  the  twenty-sixth  rep- 
resentative district,  and  be  entitled  to  two  representatives. 

27,  The  counties  of  Mason  and  Logan  shall  constitute  the  twenty- 
seventh  representative  district,  and  be  entitled  to  one  representative. 


994  Illinois— 1818 

28.  The  county  of  Tazewell  shall  constitute  the  twenty-eighth  rep- 
resentative district,  and  be  entitled  to  one  representative. 

29.  The  counties  of  McLean  and  De  Witt  shall  constitute  the 
twenty-ninth  rej^resentative  district,  and  be  entitled  to  one  rep- 
resentative. 

30.  The  county  of  Vermillion  shall  constitute  the  thirtieth  repre- 
sentative district,  and  be  entitled  to  one  representative. 

31.  The  county  of  Edgar  shall  constitute  the  thirty-first  represent- 
ative district,  and  be  entitled  to  one  representative. 

32.  The  counties  of  Champaign,  Piatt,  Moultrie,  and  Macon  shall 
constitute  the  thirty-second  representative  district,  and  be  entitled  to 
one  representative. 

33.  The  counties  of  Shelby  and  Christian  shall  constitute  the 
thirty-third  representative  district,  and  be  entitled  to  one  represent- 
ative. 

34.  The  counties  of  Pike  and  Calhoun  shall  constitute  the  thirty- 
fourth  representative  district,  and  be  entitled  to  two  representatives. 

35.  The  counties  of  Adams,  Highland,  and  Brown  shall  constitute 
the  thirty-fifth  representative  district,  and  be  entitled  to  three  repre- 
sentatives. 

36.  The  county  of  Schuyler  shall  constitute  the  thirty-sixth  repre- 
sentative district,  and  be  entitled  to  one  representative, 

37.  The  county  of  Hancock  shall  constitute  the  thirty-seventh  rep- 
resentative district,  and  be  entitled  to  two  representatives. 

38.  The  county  of  McDonough  shall  constitute  the  thirty-eighth 
representative  district,  and  be  entitled  to  one  representative. 

39.  The  county  of  Fulton  shall  constitute  the  thirty-ninth  repre- 
sentative district,  and  be  entitled  to  two  representatives. 

40.  The  county  of  Peoria  shall  constitute  the  fortieth  represent- 
ative district,  and  be  entitled  to  one  representative. 

41.  The  county  of  Knox  shall  constitute  the  forty-first  represent- 
ative district,  and  be  entitled  to  one  representative. 

42.  The  counties  of  Mercer,  Warren,  and  Henderson  shall  con- 
stitute the  forty-second  representative  district,  and  be  entitled  to  two 
representatives. 

43.  The  counties  of  Rock  Island,  Henry,  and  Stark  shall  constitute 
the  forty-third  representative  district,  and  be  entitled  to  one  rep- 
resentative. 

44.  The  counties  of  Whitesides  and  Lee  shall  constitute  the  forty- 
fourth  representative  district,  and  be  entitled  to  one  representative. 

45.  The  counties  of  Carroll  and  Ogle  shall  constitute  the  forty-fifth 
representative  district,  and  be  entitled  to  one  representative. 

46.  The  counties  of  Jo  Daviess  and  Stephenson  shall  constitute  the 
forty-sixth  representative  district,  and  be  entitled  to  two  represent- 
atives. 

47.  The  county  of  Winnebago  shall  constitute  the  forty-seventh 
representative  district,  and  be  entitled  to  one  representative. 

48.  The  counties  of  Putnam,  Marshall,  and  Woodford  shall  con- 
stitute the  forty-eighth  representative  district,  and  be  entitled  to  one 
representative. 

49.  The  counties  of  La  Salle.  Grundy,  Livingston,  and  Bureau  shall 
constitute  the  forty-ninth  representative  district,  and  be  entitled  to 
two  representatives. 


Illinois— 1818  995 

50.  The  counties  of  Du  l*age,  Kendall,  Will,  and  Iroquois  shall 
constitute  the  fiftieth  representative  district,  and  be  entitled  to  three 
representatives. 

51.  The  counties  of  Kane  and  De  Kalb  shall  constitute  the  fifty- 
first  representative  district,  and  be  entitled  to  two  representatives. 

52.  The  counties  of  Boone  and  McHenry  shall  constitute  the  fifty- 
second  representative  district,  and  be  entitled  to  tAvo  representatives. 

53.  The  county  of  Lake  shall  constitute  the  fifty-third  represent- 
ative district,  and  be  entitled  to  one  representative. 

54.  The  county  of  Cook  shall  constitute  the  fifty-fourth  represent- 
ative district,  and  be  entitled  to  two  representatives. 

Sec".  41.  Until  the  general  assembly  shall  otherwise  provide,  the 
clerks  of  the  county  commissioners'  courts  in  each  of  the  aforesaid 
senatorial  districts,  and  in  such  of  the  representative  districts  as  may 
be  composed  of  more  than  one  county,  shall  meet  at  the  county-seat  of 
the  oldest  county  in  said  district,  within  thirty  days  next  after  any 
election  for  senator  or  representative  therein,  for  the  purpose  of  com- 
paring and  canvassing  the  votes  given  at  such  election ;  and  the  said 
clerks  shall  in  all  other  respects  conform  to  the  laws  on  the  subject  in 
force  at  the  time  of  the  adoption  of  this  constitution. 

Article  IV 

OF  THE  EXECUTIVE  DEPARTMENT 

Section  1.  The  executive  power  of  the  State  shall  be  vested  in  a 
governor. 

Sec.  2.  The  first  election  of  governor  shall  be  held  on  Tuesday  next 
after  the  first  Monday  in  November,  A.  D.  1848;  and  the  next  elec- 
tion shall  be  held  on  Tuesday  next  after  the  first  Monday  of  Novem- 
ber, A.  D.  1852;  and  thereafter  an  election  for  governor  shall  be  held 
once  in  four  years,  on  Tuesday  next  after  the  first  Monda}'^  of  Novem- 
ber. The  governor  shall  be  chosen  by  the  electors  of  the  members  of 
the  general  assembly,  at  the  same  places  and  in  the  same  manner  that 
they  shall,  respectively,  vote  for  members  thereof.  The  returns  for 
every  election  of  governor  shall  be  sealed  up,  and  transmitted  to  the 
seat  of  government,  by  the  returning  officers,  directed  to  the  speaker 
of  the  house  of  representatives,  who  shall  open  and  publish  them  in 
the  presence  of  a  majority  of  the  members  of  each  house  of  the  gen- 
eral assembly.  The  person  having  the  highest  number  of  votes  shall 
be  governor;  but  if  two  or  more  be  equal  and  highest  in  votes,  then  one 
of  them  shall  be  chosen  governor  by  joint  ballot  of  both  houses  of 
the  general  assembly.  Contested  elections  shall  be  determined  by 
both  houses  of  the  general  assembly,  in  such  manner  as  shall  be  pre- 
scribed by  law. 

Sec.  3.  The  first  governor  shall  enter  upon  the  duties  of  his  office 
on  the  second  Monday  of  January,  A.  D.  1849,  and  shall  hold  his 
office  until  the  second  Monday  of  January,  A.  D.  1853,  and  until  his 
successor  shall  have  been  elected  and  qualified;  and  thereafter  the 
governor  shall  hold  his  office  for  the  term  of  four  years,  and  until 
his  successor  shall  have  been  elected  and  qualified;  but  he  shall  not 
be  eligible  to  such  office  more  than  four  years  in  any  term  of  eight 
years,  nor  to  any  other  office  until  after  the  expiration  of  the  term 
for  which  he  was  elected. 


996  Illinois— 1818 

Sec.  4.  No  pGrson,  except  a  citizen  of  the  United  States,  shall  be 
eligible  to  the  office  of  governor;  nor  shall  any  person  be  eligible  to 
that  office,  who  shall  not  have  attained  the  age  of  thirty-five  years, 
and  been  ten  years  a  resident  of  this  State,  and  fonrteen  years  a  citi- 
zen of  the  United  States. 

Sec.  5.  The  governor  shall  reside  at  the  seat  of  government,  and 
receive  a  salary  of  fifteen  hundred  dollars  per  annum,  which  shall 
not  be  increased  or  diminished;  and  he  shall  not,  during  the  time  for 
which  he  shall  have  been  elected,  receive  any  emolument  from  the 
United  States,  or  either  of  them. 

Sec.  6.  Before  he  enters  upon  the  duties  of  his  office,  he  shall  take 
the  following  oath  or  affirmation,  to  wit:  "  I  do  solemnly  swear  [or 
affirm]  that  I  will  faithfully  execute  the  duties  appertaining  to  the 
office  of  governor  of  the  State  of  Illinois:  and  will,  to  the  best  of  my 
ability,  preserve,  protect,  and  defend  the  constitution  of  this  State; 
and  will  also  support  the  Constitution  of  the  United  States." 

Sec.  7.  He  shall,  from  time  to  time,  give  the  general  assembly 
information  of  the  seat  of  the  government,  and  recommend  to  their 
consideration  such  measures  as  he  shall  deem  expedient. 

Sec.  8.  The  governor  shall  have  power  to  grant  reprieves,  com- 
mutations, 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 
power  to  suspend  the  execution  of  the  sentence,  until  the  case  shall  be 
reported  to  the  general  assembly  at  its  next  meeting,  when  the  general 
assembly  shall  pardon  the  convict,  commute  the  sentence,  direct  the 
execution  thereof,  or  grant  a  further  reprieve.  He  shall,  biennially, 
communicate  to  the  general  assembly  each  case  of  reprieve,  commuta- 
tion, or  pardon  granted,  stating  the  name  of  the  convict,  the  crime 
for  which  he  was  convicted,  the.  sentence  and  its  date,  and  the  date  of 
commutation,  pardon,  or  reprieve. 

Sec.  9.  He  may  require  information  in  writing  from  the  officers  in 
the  executive  departments,  upon  any  subject  relating  to  the  duties  of 
their  respective  offices,  and  shall  take  care  that  the  laws  be  faithfully 
executed. 

Sec.  10.  He  may,  on  extraordinary  occasions,  convene  the  general 
assembly  by  proclamation,  and  shall  state,  in  said  proclamation,  the 
purpose  for  which  they  are  to  convene;  and  the  general  assembly 
shall  enter  on  no  legislative  business  except  that  for  which  they  were 
specially  called  together. 

Sec.  11.  He  shall  be  commander-in-chief  of  the  army  and  navy  of 
this  State,  and  of  the  militia,  except  when  they  shall  be  called  into 
the  service  of  the  United  States. 

Sec.  12.  The  governor  shall  nominate,  and  by  and  with  the  advice 
and  consent  of  the  senate  (a  majority  of  all  the  senators  concurring) 
appoint,  all  officers  whose  offices  are  established  by  this  constitution, 
or  which  may  be  created  by  law,  and  whose  appointments  are  not 
otherwise  provided  for;  and  no  such  officer  shall  be  appointed  or 
elected  by  the  general  assembh\ 

Sec.  13.  In  case  of  disagreement  between  the  two  houses  with  re- 
spect to  the  time  of  adjournment,  the  governor  shall  have  power  to 


Illinois— 1818  997 

adjourn  the  general  assembly  to  such  time  as  he  thinks  proper: 
Pro  aided  ^  It  be  not  to  a  period  beyond  the  next  constitutional  meeting 
of  the  same. 

Sec.  l-t.  A  lieutenant-governor  shall  be  chosen  at  every  election  of 
governor  in  the  same  manner,  continue  in  office  for  the  same  time,  and 
possess  the  same  qualifications.  In  voting  for  governor  and  lieu- 
tenant-governor, the  electors  shall  distinguish  whom  they  vote  for  as 
governor,  and  whom  as  lieutenant-governor. 

Sec.  15.  The  lieutenant-governor  shall,  by  virtue  of  his  office,  be 
speaker  of  the  senate,  have  a  right,  when  in  committee  of  the  whole, 
to  debate  and  vote  on  all  subjects,  and,  whenever  the  senate  are 
equally  divided,  to  give  the  casting  vote. 

Sec.  1().  AMienever  the  government  shall  be  administered  by  the 
lieutenant-governor,  or  he  shall  be  unable  to  attend  as  speaker  of  the 
senate,  the  senators  shall  elect  one  of  their  own  number  as  speaker 
for  that  occasion ;  and  if,  during  the  vacancy  of  the  office  of  governor, 
the  lieutenant-governor  shall  be  impeached,  removed  from  office,  re- 
fuse to  qualify,  or  resign,  or  die,  or  be  absent  from  the  State,  the 
speaker  of  the  senate  shall,  in  like  manner,  administer  the  govern- 
ment. 

Sec.  17.  The  lieutenant-governor,  while  he  acts  as  speaker  of  the 
senate,  shall  receive  for  his  services  the  same  compensation  which 
shall,  for  the  same  period,  be  allowed  to  the  speaker  of  the  house  of 
representatives,  and  no  more. 

Sec.  18.  If  the  lieutenant-governor  shall  be  called  upon  to  admin- 
ister the  government,  and  shall,  while  in  such  administration,  resign, 
die,  or  be  absent  from  the  State,  during  the  recess  of  the  general 
assembly,  it  shall  be  the  duty  of  the  secretary  of  state,  for  the  time 
being,  to  convene  the  senate  for  the  purpose  of  choosing  a  speaker. 

Sec.  19.  In  case  of  impeachment  of  the  governor,  his  absence  from 
the  State,  or  inability  to  discharge  the  duties  of  his  office,  the  powers, 
duties,  and  emoluments  of  the  office  shall  devolve  upon  the  lieutenant- 
governor;  and  in  case  of  his  death,  resignation,  or  removal,  then  upon 
the  speaker  of  the  senate  for  the  time  being,  until  the  governor,  ab- 
sent or  impeached,  shall  return  or  be  acquitted;  or  until  the  disqualifi- 
cation or  inability  shall  cease:  or  until  a  new  governor  shall  be 
elected  and  qualified. 

Sec.  20.  In  case  of  a  vacancy  in  the  office  of  governor,  for  any  other 
cause  than  those  herein  enumerated,  or  in  case  of  the  death  of  the 
governor-elect  before  he  is  qualified,  the  powers,  duties,  and  emolu- 
ments of  the  office  shall  devolve  upon  the  lieutenant-governor,  or 
speaker  of  the  senate,  as  above  provided,  until  a  new  governor  be 
elected  and  qualified. 

Sec.  21.  Every  bill  which  shall  have  passed  the  senate  and  house  of 
representatiA'es  shall,  before  it  becomes  a  law,  be  presented  to  the 
governor;  if  he  approve,  he  shall  sign  it;  but  if  not.  he  shall  return 
it,  with  his  objections,  to  the  house  in  which  is  shall  have  originated; 
and  the  said  house  shall  enter  the  objections  at  large  on  their  journal, 
and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  a  major- 
ity of  the  members  elected  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  a  majority  of  the  mem- 
bers elected,  it  shall  become  a  law,  notwithstanding  the  objections  of 


998  Illinois— 1818 

the  governor;  but  in  all  such  cases  the  votes  of  both  houses  shnll  be 
determined  by  yeas  and  nays,  to  be  entered  on  the  journal  of  each 
house  respectively.  If  any  bill  shall  not  \k\  returned  by  the  governor 
within  ten  days"  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  law,  in  like  manner  as  if  he  had 
signed  it,  unless  the  general  assembly  shall,  by  their  adjournment, 
prevent  its  return,  in  which  case  the  said  bill  shall  be  returned  on  the 
first  day  of  the  meeting  of  the  general  assembly,  after  the  expiration 
of  said  ten  days,  or  be  a  law. 

Sec.  22.  Tliere  shall  be  elected  by  the  qualified  electors  of  this 
State,  at  the  same  time  of  the  election  for  governor,  a  secretary  of 
state,  whose  term  of  office  shall  be  the  same  as  that  of  the  governor, 
who  shall  keep  a  fair  register  of  the  official  acts  of  the  governor,  and, 
when  required,  shall  lay  the  same,  and  all  papers,  minutes,  and 
vouchers,  relative  thereto,  before  either  branch  of  the  general  assem- 
bly, and  shall  perform  such  other  duties  as  shall  be  assigned  him  by 
law,  and  shall  receive  a  salary  of  eight  hundred  dollars  per  annum, 
and  no  more,  except  fees:  Promded^  That  if  the  office  of  secretary  of 
state  should  be  vacated  by  death,  resignation,  or  otherwise,  it  shall 
be  the  duty  of  the  governor  to  appoint  another,  who  shall  hold  his 
office  until  another  secretary  shall  be  elected  and  qualified. 

Sec.  23.  There  shall  be  chosen,  by  the  qualified  electors  throughout 
the  State,  an  auditor  of  public  accounts,  who  shall  hold  his  office  for 
the  term  of  four  years,  and  until  his  successor  is  qualified,  and  whose 
duties  shall  be  regulated  by  law,  and  who  shall  receive  a  salary, 
exclusive  of  clerk-hire,  of  one  thousand  dollars  per  annum  for  his 
services,  and  no  more. 

Sec.  24.  There  shall  be  elected,  by  the  qualified  electors  throughout 
the  State,  a  State  treasurer,  who  shall  hold  his  office  for  two  years, 
and  until  his  successor  is  qualified ;  whose  duties  may  be  regulated 
by  law,  and  who  shall  receive  a  salary  of  eight  hundred  dollars  per 
annum,  and  no  more. 

Sec.  25.  All  grants  and  commissions  shall  be  sealed  with  the  great 
seal  of  state,  signed  by  the  governor  or  person  administering  the  gov- 
ernment, and  countersigned  by  the  secretary  of  state. 

Sec.  2G.  The  governor  and  all  other  civil  officers  shall  be  liable  to 
impeachment  for  misdemeanor  in  office,  during  their  continuance  in 
office,  and  for  two  years  thereafter. 

Article  V 
OF  the  judiciary  department 

Section  1.  The  judicial  power  of  this  State  shall  be,  and  is  hereby, 
vested  in  one  supreme  court,  in  circuit  courts,  in  county  courts,  and 
in  justices  of  the  peace:  Provided^  That  inferior  local  courts,  of  civil 
and  criminal  jurisdiction,  may  be  established  by  the  general  assembly 
in  the  cities  of  this  State,  but  such  courts  shall  have  a  uniform  organi- 
zation and  jurisdiction  in  such  cities. 

Sec.  2.  The  supreme  court  shall  consist  of  three  judges,  two  of 
whom  shall  form  a  quorum ;  and  the  concurrence  of  two  of  said  judges 
shall  in  all  cases  be  necessary  to  a  decision. 

Sec.  3.  The  State  shall  be  divided  into  three  grand  divisions,  as 
nearly  equal  as  may  be,  and  the  qualified  electors  of  each  division 


Illinois— 1818  999 

shall  elect  one  of  the  said  judges  for  the  term  of  nine  years:  Pro- 
ri(Jcd,  That  after  the  first  election  of  such  judges,  the  general  assem- 
bly may  have  the  power  to  provide  by  law  for  their  election  by  the 
Aviiole  State,  or  by  divisions,  as  they  may  deem  most  expedient. 

Sec.  4.  The  office  of  one  of  said  judges  shall  be  vacated,  after  the 
first  election  held  under  this  article,  in  three  years;  of  one,  in  six 
years ;  and  of  one,  in  nine  years ;  to  be  decided  by  lot,  so  that  one  of 
said  judges  shall  be  elected  once  in  every  three  years.  The  judge 
having  the  longest  term  to  serve  shall  be  the  first  chief-justice;  after 
which,  the  judge  having  the  oldest  commission  shall  be  chief -justice. 

Sec.  5.  The  supreme  court  may  have  original  jurisdiction  in  cases 
relative  to  the  revenue,  in  cases  of  mandamvs,  habeas  coi'pus,  and  in 
such  cases  of  impeachment  as  may  be  by  law  directed  to  be  tried 
before  it,  and  shall  have  appellate  jurisdiction  in  all  other  cases. 

Sec.  6.  The  supreme  court  shall  hold  one  term  annually  in  each  of 
the  aforesaid  grand  divisions,  at  such  time  and  place,  in  each  of  said 
divisions,  as  may  be  provided  for  by  law. 

Sec.  7.  The  State  shall  be  divided  into  nine  judicial  districts,  in 
each  of  Avhich  one  circuit  judge  shall  be  elected  by  the  qualified 
electors  thereof,  who  shall  hold  his  office  for  the  term  of  six  years,  and 
until  his  successor  shall  be  commissioned  and  qualified:  Provided^ 
That  the  general  assembly  may  increase  the  number  of  circuits  to  meet 
the  future  exigencies  of  the  State. 

Sec.  8.  There  shall  be  two  or  more  terms  of  the  circuit  court  held 
annually  in  each  county  of  this  State,  at  such  times  as  shall  be  pro- 
vided by  law:  and  said  courts  shall  have  jurisdiction  in  all  cases  at 
law  and  equity,  and  in  all  cases  of  appeals  from  all  inferior  courts. 

Sec.  0.  All  vacancies  in  the  supreme  and  circuit  courts  shall  be 
filled  by  the  election  as  aforesaid:  Provided^  hoicever,  That  if  the 
unexpired  term  does  not  exceed  one  year,  such  vacancy  may  be  filled 
by  executive  appointment. 

Sec,  10.  The  judges  of  the  supreme  court  shall  receive  a  salary  of 
twelve  hundred  dollars  per  annum,  payable  quarterly,  and  no  more. 
The  judges  of  the  circuit  courts  shall  receive  a  salary  of  one  thousand 
dollars  per  annum,  payable  quarterly,  and  no  more.  The  judges  of 
the  supreme  and  circuit  courts  shall  not  be  eligible  to  any  other  office 
or  public  trust,  of  profit,  in  this  State  or  the  United  States,  during 
the  term  for  which  they  are  elected,  nor  for  one  year  thereafter.  All 
votes  for  either  of  them  for  any  elective  office,  (except  that  of  judge 
of  the  supreme  or  circuit  courts,)  given  by  the  general  assembly,  or 
the  people,  shall  be  void. 

Sec,  11.  Xo  person  shall  be  eligible  to  the  office  of  judge  of  any 
court  of  this  State  who  is  not  a  citizen  of  the  United  States,  and  who 
shall  not  have  resided  in  this  vState  five  years  next  })recediug  his  elec- 
tion, and  Avho  shall  not  for  two  years  next  preceding  his  election 
liave  resided  in  the  division,  circuit,  or  county  in  which  he  shall  l)e 
elected ;  nor  shall  any  person  be  elected  judge  of  the  supreme  court  who 
shall  be,  at  the  time  of  his  election,  under  the  age  of  thirty-five  years; 
and  no  person  shall  be  eligible  to  the  office  of  judge  of  the  circuit 
court  until  he  shall  have  attained  the  age  of  thirty  years. 

Sec.  12.  For  any  reasonable  cause,  to  be  entered  on  the  journals  of 
each  house,  which  shall  not  be  a  sufficient  ground  for  iuijXMclnuent, 
both  justices  of  the  su]ireme  court  and  judges  of  the  circuit  court  shall 
l)e  removed  from  office,  on  the  vote  of  two-thirds  of  the  members 


1000  Illinois— 1818 

elected  to  each  branch  of  the  general  assembly:  Provided  rdrrays. 
That  no  member  of  either  house  of  the  general  assembly  shall  be  eli- 
gible to  fill  the  vacancy  occasioned  by  such  removal:  Provided  also, 
That  no  removal  shall  be  made  unless  the  justice  or  judge  complained 
of  shall  have  been  serA^ed  "vvith  a  copy  of  the  complaint  against  him, 
and  shall  have  an  opportunity  of  being  heard  in  his  defence. 

Sec.  13.  The  first  election  for  justices  of  the  supreme  court  and 
judges  of  the  circuit  courts  shall  be  held  on  the  first  Monday  of 
September,  1848. 

Sec.  14.  The  second  election  for  one  justice  of  the  supreme  court 
shall  be  held  on  the  first  Monday  of  June,  1852 ;  and  every  three  years 
thereafter  an  election  shall  be  held  for  one  justice  of  the  supreme 
court. 

Sec.  15.  On  the  first  Monday  of  June,  1855,  and  every  sixth  year 
thereafter,  an  election  shall  be  held  for  judges  of  the  circuit  courts: 
Provided,  "Whenever  an  additional  circuit  is  created,  such  provision 
may  be  made  as  to  hold  the  second  election  of  such  additional  judge 
at  the  regular  elections  herein  provided. 

Sec.  16.  There  shall  be  in  each  county  a  court  to  be  called  a  county 
court. 

Sec.  it.  One  county  judge  shall  be  elected  by  the  qualified  voters  of 
each  county,  "who  shall  hold  his  office  for  four  years,  and  until  his 
successor  is  elected  and  qualified. 

Sec.  18.  The  jurisdiction  of  said  court  shall  extend  to  all  probate 
and  such  other  jurisdiction  as  the  general  assembly  may  confer  in 
civil  cases,  and  such  criminal  cases  as  may  be  prescribed  by  law, 
where  the  punishment  is  by  fine  only,  not  exceeding  one  hundred 
dollars. 

Sec.  10.  The  countv  judge,  with  such  justices  of  the  peace  in  each 
county  as  may  be  designated  by  law.  shall  hold  terms  for  the  transac- 
tion of  county  business,  and  shall  perform  such  other  duties  as  the 
general  assembly  shall  prescribe:  Provided,  The  general  assembly 
may  require  that  two  justices,  to  be  chosen  by  the  qualified  electors 
of  each  county,  shall  sit  with  the  county  judge  in  all  cases;  and  there 
shall  be  elected,  quadrenniallv,  in  each  county,  a  clerk  of  the  county 
court,  who  shall  be  ex-officio  recorder.  Avhose  compensation  shall  be 
fees:  Provided,  The  general  assembly  may.  by  law.  make  the  clerk  of 
the  circuit  court  ex-oficio  recorder,  in  lieu  of  the  county  clerk. 

Sec.  20.  The  general  assembly  shall  provide  for  the  compensation 
of  the  county  judge. 

Sec.  21.  The  clerks  of  the  supreme  and  circuit  courts,  and  State's 
attorneys,  shall  be  elected  at  the  first  special  election  for  judges.  The 
second  election  for  clerks  of  the  supreme  court  shall  be  held  on  the 
first  Monday  of  June,  1855.  and  every  sixth  year  thereafter.  The 
second  election  for  clerks  of  the  circuit  courts  and  State's  attorneys 
shall  be  held  on  Tuesday  next  after  the  first  Monday  of  November, 
1852,  and  every  fourth  year  thereafter. 

Sec.  22.  All  judges  and  State's  attorneys  shall  be  commissioned  by 
the  governor. 

Sec.  23.  The  election  of  all  officers,  and  the  filling  of  all  vacancies 
that  may  happen  by  death,  resignation,  or  removal,  not  otherwise 
directed  or  provided  for  by  this  constitution,  shall  be  made  in  such 
a  manner  as  the  general  assembly  shall  direct:  Provided,  That  no 
such  officer  shall  be  elected  by  the  general  assembly. 


Illinois— 1818  1001 

Sec.  24.  The  general  assembly  may  authorize  the  judgments, 
decrees,  and  decisions  of  any  local  inferior  court  of  record,  of  original, 
civil,  or  criminal  jurisdiction,  established  in  a  city,  to  be  removed, 
for  revision,  directly  into  the  supreme  court. 

Sec.  25.  County  judges,  clerks,  sheriffs,  and  other  county  officers, 
for  Avilful  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. 

Sec.  26.  All  process,  Avrits,  and  other  i^roceedings  shall  run  in  the 
name  of  "  The  people  of  the  State  of  Illinois."  All  prosecutions 
shall  be  carried  on  '*  In  the  name  and  by  the  authority  of  the  people 
of  the  State  of  Illinois,"  and  conclude,  "Against  the  peace  and  dignity 
of  the  same." 

Sec.  27.  There  shall  be  elected  in  each  county  in  this  State,  in  such 
districts  as  the  general  assembly  may  direct,  by  the  qualified  electors 
thereof,  a  competent  number  of  justices  of  the  peace,  who  shall  hold 
their  offices  for  the  term  of  four  years,  and  until  their  successors  shall 
have  been  elected  and  qualified,  and  who  shall  perform  such  duties, 
receive  ,such  compensation,  and  exercise  such  jurisdiction  as  may  be 
prescribed  by  law. 

Sec.  28.  There  shall  be  elected  in  each  of  the  judicial  circuits  of 
this  State,  by  the  qualified  electors  thereof,  one  State's  attorney,  who 
shall  hold  his  office  for  the  term  of  four  years,  and  until  his  successor 
shall  be  commissioned  and  qualified,  who  shall  perform  such  duties 
and  receive  such  compensation  as  may  be  prescribed  by  laAv  :  Provided^ 
That  the  general  assembly  may  hereafter  provide  by  law  for  the  elec- 
tion, by  the  qualified  voters  of  each  county  in  this  State,  of  one  county 
attorney  for  each  county,  in  lieu  of  the  State's  attorneys  provided  for 
in  this  section ;  the  term  of  office,  duties,  and  compensation  of  which 
county  attorneys  shall  be  regulated  by  law. 

Sec.  29.  The  qualified  electors  of  each  county  in  this  State  shall 
elect  a  clerk  of  the  circuit  court,  who  shall  hold  his  office  for  the  term 
of  four  years,  and  until  his  successor  shall  have  been  elected  and 
qualified,  who  shall  perform  such  duties  and  receive  such  compensa- 
tion as  may  be  prescribed  by  law.  The  clerks  of  the  supreme  court 
shall  be  elected,  in  each  division,  by  the  qualified  electors  thereof,  for 
the  term  of  six  years,  and  until  their  successors  shall  have  been  elected 
and  qualified,  whose  duties  and  compensation  shall  be  provided  by  law. 

Sec.  80.  The  first  grand  division  for  the  election  of  judges  of  the 
supreme  court  shall  consist  of  the  counties  of  Alexander,  Pulaski, 
Massac,  Pope,  Hardin,  Gallatin,  Saline,  AVilliamson.  Johnson,  Union, 
Jackson.  Randolph,  Perry,  Fraid^lin,  Hamilton,  White.  AVabash, 
Edwards,  Wayne,  Jefferson,  AA'ashington,  Monroe,  Saint  Clair,  Clin- 
ton, Marion,  Clay.  Richland,  Lawrence,  Crawford,  Jasper,  Effingham, 
Fayette,  Bond,  iladison,  Jersey,  and  Calhoun. 

The  second  grand  division  shall  consist  of  the  counties  of  Edgar, 
Coles,  Moultrie,  Shelby,  Montgomery.  Macoupin.  Greene,  Pike, 
Adams,  Highland,  Hancock,  ]\rcDon()ugh,  Schuyler,  Brown,  Fulton, 
Mason,  Cass,  INIorgan.  Scott,  Sangamon.  Christian.  Macon,  Piatt, 
Champaign,  Vermillion,  De  Witt,  Logan,  Menard,  Cumberland,  and 
Clark." 

"  MoLeau  Coiuitv  was  added  to  the  socoiid  division  hv  the  act  of  February  16, 
1865. 


1002  Illinois— 1818 

The  third  grand  division  shall  consist  of  the  counties  of  Henderson, 
Warren,  Knox,  IVoria,  Tazewell,  Woodford,  McLean,  Livingston, 
Iroquois,  Will,  (Slrundy,  Kendall,  La  Salle,  Putnam,  Marshall,  Stark, 
Bureau,  Henry,  Mercer,  Rock  Island,  Whitesides,  Lee,  Carroll,  Jo 
Daviess,  Stephenson,  Winnebago,  Ogle,  De  Kalb,  Boone,  Kane,  Mc- 
Henry,  Lake,  Cook,  and  Du  Page. 

Sec.  31.  The  terms  of  the  supreme  court  for  the  first  division  shall 
be  held  at  Mount  A'^ernon,  in  Jefferson  County;  for  the  second  divi- 
sion, at  Springfield,  in  Sangamon  County;  for  the  third  division, 
at  Ottawa,  in  La  Salle  County;  until  some  other  place  in  either  divi- 
sion is  fixed  by  law. 

Sec.  32.  Appeals  and  writs  of  error  may  be  taken  from  the  circuit 
court  of  any  county  to  the  supreme  court  held  in  the  division  wdiich 
includes  such  county,  or,  with  the  consent  of  all  the  parties  in  the 
cause,  to  the  supreme  court  in  the  next  adjoining  division. 

Sec.  33.  The  foregoing  districts  may,  after  the  taking  of  each  census 
by  the  State,  be  altered,  if  necessary,  to  equalize  the  said  districts  in 
population ;  but  such  alteration  shall  be  made  by  adding  to  such  dis- 
trict such  adjacent  county  or  counties  as  wnll  make  said  .district 
nearest  equal  in  population :  Provided,  No  such  alteration  shall  affect 
the  office  of  any  judge  then  in  office. 

Article  VI 

ON    ELECTIONS    AND    THE    RIGHT    OF    SUFFRAGE 

Section  1.  In  all  elections  every  white  male  citizen  above  the  age 
of  twenty-one  years,  having  resided  in  the  State  one  year  next  pre- 
ceding any  election,  shall  be  entitled  to  vote  at  such  election;  and 
every  wdiite  male  inhabitant  of  the  age  aforesaid  who  may  be  a  resi- 
dent of  the  State  at  the  time  of  the  adoption  of  this  constitution  shall 
have  the  right  of  voting  as  aforesaid ;  but  no  such  citizen  or  inhabi- 
tant shall  be  entitled  to  vote  except  in  the  district  or  county  in  wdiich 
he  shall  actually  reside  at  the  time  of  such  election. 

Sec  2.  All  votes  shall  be  given  by  ballot. 

Sec.  3.  Electors  shall  in  all  cases,  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attendance  at 
elections,  and  in  going  to  and  returning  from  the  same. 

Sec.  4.  No  elector  shall  be  obliged  to  do  militia  duty  on  the  days  of 
election,  except  in  time  of  war  or  public  danger. 

Sec.  5.  No  elector  shall  be  deemed  to  have  lost  his  residence  in  this 
State  by  reason  of  his  absence  on  the  business  of  the  United  States  or 
of  this  State. 

Sec.  6.  No  soldier,  seaman,  or  marine,  in  the  Army  or  Navy  of  the 
United  States,  shall  be  deemed  a  resident  of  this  State  in  consequence 
of  being  stationed  at  any  military  or  naval  place  within  the  same. 

Sec.  7.  No  person  shall  be  elected  or  appointed  to  any  office. in 
this  State,  civil  or  military,  who  is  not  a  citizen  of  the  United  States, 
and  who  shall  not  have  resided  in  this  State  one  year  next  before  th6 
election  or  appointment. 

Sec.  S.  The  general  assembly  shall  have  full  power  to  pass  laws 
excluding  from  the  right  of  suffrage  persons  convicted  of  infamous 
crimes. 


Illinois— 1818  1003 

Sec".  9.  The  general  elections  shall  be  held  on  the  Tuesday  next 
after  the  first  Monday  of  November,  biennially,  until  otherwise  pro- 
vided by  law. 

Article  VII 

OF    COUNTIES 

Section  1.  Xo  new  county  shall  be  formed  or  established  by  the 
general  assembly,  which  will  reduce  the  county  or  counties,  or  either 
of  them,  from  which  it  shall  be  taken,  to  less  contents  than  four  hun- 
dred square  miles;  nor  shall  any  county  be  formed  of  less  contents; 
nor  shall  any  line  thereof  pass  within  less  than  ten  miles  of  any 
county-seat  of  the  county  or  counties  proposed  to  be  divided. 

Sec.  2.  No  county  shall  be  divided,  or  have  any  part  stricken  there- 
from, without  submitting  the  question  to  a  vote  of  the  people  of  the 
county,  nor  unless  a  majority  of  all  the  legal  voters  of  the  county 
voting  on  the  question  shall  vote  for  the  same. 

Sec.  3.  All  territory  which  has  been  or  may  be  stricken  off,  b}' 
legislative  enactment,  from  any  organized  county  or  counties,  for  the 
purpose  of  forming  a  new  county,  and  which  shall  remain  unorgan- 
ized after  the  period  provided  for  such  organization,  shall  be  and 
remain  a  part  of  the  county  or  counties  from  which  it  was  originally 
taken,  for  all  purposes  of  county  and  State  government,  until  other- 
wise jorovided  by  law. 

Sec.  4.  There  shall  be  no  territory  stricken  from  any  county  unless 
a  majority  of  the  voters  living  in  such  territory  shall  petition  for 
such  division ;  and  no  territory  shall  be  added  to  any  county  without 
the  consent  of  a  majority  of  the  voters  of  the  county  to  which  it  is 
proposed  to  be  added. 

Sec.  5.  No  county-seat  shall  be  removed  until  the  point  to  which  it 
is  proposed  to  be  removed  shall  be  fixed  by  law,  and  a  majority  of 
the  voters  of  the  county  shall  have  voted  in  favor  of  its  removal  to 
such  point. 

Sec.  6.  The  general  assembly  shall  provide,  by  a  general  law,  for  a 
township  organization,  under  which  any  county  may  organize  when- 
ever a  majority  of  the  voters  of  such  county,  at  any  general  election, 
shall  so  determine;  and  whenever  any  county  shall  adopt  a  township 
organization,  so  much  of  this  constitution  as  provides  for  the  manage- 
ment of  the  fiscal  concerns  of  the  said  count}'  by  the  county  court 
may  be  dispensed  with,  and  the  affairs  of  said  county  may  be  trans- 
acted in  such  manner  as  the  general  assembly  may  provide. 

Sec.  7.  There  shall  be  elected  in  each  county  in  this  State,  by  the 
qualified  electors  thereof,  a  sheriff,  who  shall  hold  his  office  for  the 
term  of  two  years,  and  until  his  successor  shall  have  been  elected  and 
qualified:  Pronided,  No  person  shall  be  eligible  to  the  said  office  more 
than  once  in  four  years. 

Article  VIII 

MILITIA 

Section  1.  The  militia  of  the  State  of  Illinois  shall  consist  of  all 
free    male    able-bodied    jiersons    (negroes,    nudattoes.    and    Indians 
excepted)   resident  of  the  State,  between  the  ages  of  eighteen  and 
7252— vol,  2—07 9 


1004  Illinois— 1818 

forty-five  j'^ears,  except  such  persons  as  now  are  or  hereafter  may  be 
exempted  by  the  hiws  of  the  ITnited  States  or  of  this  State,  and  shall 
be  armed,  equipped,  and  trained  as  the  general  assembly  may  pro- 
vide by  law. 

Sec.  2.  No  person  or  persons  conscientiously  scru])ulous  of  bearing 
arms  shall  be  compelled  to  do  militia  duty  in  time  of  peace,  provided 
such  person  or  persons  shall  pay  an  equivalent  for  such  exemption. 

Sec.  3.  Company,  battalion,  and  regimental  oiRcers,  staff-officers 
excepted,  shall  be  elected  by  the  persons  composing  their  several  com- 
jDanies,  battalions,  and  regiments. 

Sec.  4.  Brigadier  and  major  generals  shall  be  elected  by  the  officers 
of  their  brigades  and  divisions,  respectively. 

Sec.  5.  All  militia  officers  shall  be  commissioned  by  the  governor, 
and  n\Q.y  hold  their  commissions  for  such  time  as  the  legislature  may 
provide. 

Sec.  6.  The  militia  shall  in  all  cases,  except  treason,  felony,  or 
breach  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance at  musters  and  election  of  officers,  and  in  going  to  and  returning 
from  the  same. 

Article  IX 

or  the  revenue 

Section  1.  The  general  assembly  may,  whenever  they  shall  deem 
it  necessary,  cause  to  be  collected  from  all  able-bodied  free  white 
male  inhabitants  of  this  State,  over  the  age  of  twenty-one  j^ears  and 
under  the  age  of  sixty  years,  who  are  entitled  to  the  right  of  suffrage, 
a  capitation-tax  of  not  less  than  fifty  cents  nor  more  than  one  dollar 
each. 

Sec.  2.  The  general  assembly  shall  provide  for  levying  a  tax  by 
valuation,  so  that  every  person  and  corporation  shall  pay  a  tax  in 
proportion  to  the  value  of  his  or  her  property;  such  value  to  be 
ascertained  by  some  person  or  persons  to  be  elected  or  appointed  in 
such  manner  as  the  general  assembly  shall  direct,  and  not  otherwise; 
but  the  general  assembly  shall  have  power  to  tax  pedlers,  auctioneers, 
brokers,  hawkers,  merchants,  commission-merchants,  show-men,  jug- 
glers, innkeepers,  grocery-keepers,  toll  bridges  and  ferries,  and  persons 
using  and  exercising  franchises  and  privileges  in  such  manner  as  they 
shall  from  time  to  time  direct. 

Sec.  3.  The  property  of  the  State  and  counties,  both  real  and 
personal,  and  such  other  property  as  the  general  assembly  may  deem 
necessary  for  school,  religious,  and  charitable  purposes,  may  be  ex- 
empted from  taxation. 

Sec.  4.  Hereafter  no  purchaser  of  any  land  or  town-lot,  at  any 
sale  of  lands  or  town-lots,  for  taxes  due  either  to  this  State,  or  any 
county,  or  incorporated  town  or  city  within  the  same ;  or  at  any  sale 
for  taxes  or  levies  authorized  by  the  laws  of  this  State,  shall  be 
entitled  to  a  deed  for  the  lands  or  town-lots  so  purchased  until  he  or 
she  shall  have  comjjlied  with  the  following  conditions,  to  wit:  Such 
purchaser  shall  serve,  or  cause  to  be  served,  a  written  notice  of  such 
purchase  on  every  person  in  possession  of  such  land  or  town-lot. 
three  months  before  the  expiration  of  the  time  of  redem])tion  on  such 
sale;  in  Avhich  notice  he  sliall  state  when  he  purchased  the  land  or 
toAvn-lot.  the  description  of  the  land  or  lot  he  has  purchased,  and 


Illmois—1818  1005 

when  the  time  of  redemption  will  expire.  In  like  manner  he  shall 
serve  on  the  person  or  persons  in  whose  name  or  names  snch  land  or 
lot  is  taxed  a  similar  written  notice,  if  such  person  or  persons  shall 
reside  in  the  county  where  such  land  or  lot  shall  be  situated ;  and  in 
the  event  that  the  person  or  persons  in  whose  name  or  names  the  land 
or  lot  is  taxed  do  not  reside  in  the  county,  such  purchaser  shall  i)ub- 
lish  such  notice  in  some  newspaper  printed  in  such  county;  and  if 
no  newspaper  is  printed  in  the  county,  then  in  the  nearest  newspaper 
that  is  published  in  this  State  to  the  county  in  which  such  lot  or 
land  is  situated ;  which  notice  shall  be  inserted  three  times,  the  last 
time  not  less  than  three  months  before  the  time  of  redemption  shall 
expire.  Every  such  purchaser,  b}^  himself  or  agent,  shall,  before  he 
shall  be  entitled  to  a  deed,  make  an  affidavit  of  having  com])lied  with 
the  conditions  of  this  section,  stating  particularly  the  facts  relied  on 
as  such  compliance;  which  affidavit  shall  be  delivered  to  the  person 
authorized  by  law  to  execute  such  tax-deed,  and  which  shall  by  him 
be  filed  with  the  officer  having  custody  of  tliQ  records  of  lands  and 
lots  sold  for  taxes,  and  entries  of  redemption  in  the  county  where 
such  land  or  lot  shall  lie.  to  be  by  such  officer  entered  on  the  records 
of  his  office  and  carefully  preserved  among  the  files  of  his  office; 
and  which  record  or  affidavit  shall  be  prima- facie  evidence  that  such 
notice  has  been  given.  Any  person  swearing  falsely  in  such  affidavit 
shall  be  deemed  guilty  of  perjury,  and  punished  accordingly.  In 
case  any  person  shall  be  compelled  under  this  section  to  publish  a 
notice  in  a  newspaper,  then,  before  any  person  who  may  have  a 
right  to  redeem  such  land  or  lot  from  tax-sale  shall  be  ]7ermitted  to 
redeem,  he  or  she  shall  pay  the  officer  or  person  who  by  law  is 
authorized  to  receive  such  redemption-money,  the  printer's  fee  for 
publishing  such  notice,  and  the  expenses  of  swearing  or  affirming  to 
the  affidavit,  and  filing  the  same. 

Sec.  5.  The  corporate  authorities  of  counties,  townships,  school 
districts,  cities,  towns,  and  villages  may  be  vested  with  power  to 
assess  and  collect  taxes  for  corporate  purposes;  such  taxes  to  be 
uniform  in  respect  to  persons  and  property  within  the  jurisdiction  of 
the  body  im]Dosing  the  same.  And  the  general  assembly  shall  re- 
quire that  all  the  property  within  the  limits  of  municipal  corpora- 
tions belonging  to  individuals  shall  be  taxed  for  the  payment  of 
debts  contracted  under  authority  of  law. 

Sec.  6.  The  specifications  of  the  objects  and  subjects  of  taxation 
shall  not  deprive  the  general  assembly  of  the  power  to  require  other 
objects  or  subjects  to  be  taxed  in  such  manner  as  may  be  consistent 
Avith  the  principles  of  taxation  fixed  in  this  constitution. 

Article  X 

CORPORATIONS 

Section  1.  Corporations,  not  possessing  banking  powers  or  privi- 
leges, may  be  formed  under  general  laws,  but  shall  not  be  created  by 
special  acts,  except  for  nnniicij)al  puri)oses.  and  in  cases  where,  in  the 
judgment  of  the  general  assembly,  the  objects  of  the  corjjoration 
cannot  be  attained  under  general  laws. 

Sec.  2.  Dues  from  corporations,  not  possessing  banking  ]:)owers  or 
privileges,  shall  be  secured  by  such  individual  liabilities  of  the  cor- 
porators, or  other  means,  as  may  be  prescribed  by  law. 


1006  Illinois— 1818 

Sec.  3.  No  State  bank  shall  hereafter  be  created,  nor  shall  the  State 
own  or  be  liable  for  any  stock  in  any  corporation  or  joint-stock  asso- 
ciation for  banking  purposes,  to  be  hereafter  created. 

Sec.  4.  The  stockholders  in  every  corporation,  or  joint-stock  asso- 
ciation for  banking  purposes,  issuing  bank-notes,  or  any  kind  of 
paper  credits  to  circulate  as  money,  shall  be  individually  res})onsible, 
to  the  amount  of  their  respective  share  or  shares  of  stock  in  any  such 
corporation  or  association,  for  all  its  debts  and  liabilities  of  every 
kind. 

Sec.  5.  No  act  of  the  general  assembly,  authorizing  corporations  or 
associations  with  banking  j^owers,  shall  go  into  effect,  or  in  any  man- 
ner be  in  force,  unless  the  same  shall  be  submitted  to  the  people  at 
the  general  election  next  succeeding  the  passage  of  the  same,  and  be 
approved  by  a  majority  of  all  the  votes  cast  at  such  election  for  and 
against  such  law. 

Sec.  6.  The  general  assembly  shall  encourage  internal  improve- 
ments, by  passing  liberal  laws  of  incorporation  for  that  purpose. 

Article  XI 

COMMONS 

All  lands  which  have  been  granted,  as  a  "  common,"  to  the  inhab- 
itants of  any  town,  hamlet,  village,  or  corporation,  by  any  person, 
body  politic  or  corporate,  or  by  any  government  having  power  to 
make  such  grant,  shall  forever  remain  common  to  the  inhabitants  of 
such  town,  hamlet,  village,  or  corj^oration ;  but  the  said  commons,  or 
any  of  them,  or  any  part  thereof,  may  be  divided,  leased,  or  granted, 
in  such  manner  as  may  hereafter  be  provided  by  law,  on  petition  of  a 
majority  of  the  qualified  voters  interested  in  such  common,  or  any  of 
them. 

Article  XII 

AMENDMENTS    TO    THE    CONSTITUTION 

Section  1.  Whenever  two-thirds  of  all  the  members  elected  to  each 
branch  of  the  general  assembly  shall  think  it  necessaiy  to  alter  or 
amend  this  constitution,  they  shall  recommend  to  the  electors  at  the 
next  election  of  members  of  the  general  assembly,  to  vote  for  or 
against  a  convention ;  and  if  it  shall  appear  that  a  majority  of  all  the 
electors  of  the  State  voting  for  representatives  have  voted  for  a  con- 
vention, the  general  assembly  shall,  at  their  next  session,  call  a  con- 
vention to  consist  of  as  many  members  as  the  house  of  representatives 
at  the  time  of  making  said  call,  to  be  chosen  in  the  same  manner,  at 
the  same  place,  and  by  the  same  electors,  in  the  same  districts  that 
chose  the  members  of  the  house  of  representatives;  and  which  con- 
vention shall  meet  within  three  months  after  the  said  election,  for  the 
purpose  of  revising,  altering,  or  amending  this  constitution. 

Sec.  2.  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  two-thirds  of  all  the  members-elect  in  each  of 
the  tAvo  houses,  such  proposed  amendment  or  amendments  shall  bo 
referred  to  the  next  regular  session  of  the  general  assembly,  and  shall 


I 


Illinois— 1818  1007 

be  published  at  least  three  months  previous  to  the  time  of  holding 
the  next  election  for  members  of  the  house  of  representatives;  and  if, 
at  the  next  regidar  session  of  the  general  assemblj^  after  said 
election,  a  majority  of  all  the  members-elect  in  each  branch  of  the 
general  assembly  shall  agree  to  said  amendment  or  amendments, 
then  it  shall  be  their  duty  to  submit  the  same  to  the  people  at  the 
next  general  election  for  their  adoption  or  rejection,  in  such  manner 
as  may  be  prescribed  by  law ;  and  if  a  majority  of  all  the  electors 
voting  at  such  election  for  members  of  the  house  of  representatives 
shall  vote  for  such  amendment  or  amendments,  the  same  shall  become 
a  part  of  the  constitution.  But  the  general  assembly  shall  not  have 
power  to  propose  an  amendment  or  amendments  to  more  than  one 
article  of  the  constitution  at  the  same  session. 

Article  XIII 

DECLARATION    OF    RIGHTS 

That  the  general,  great,  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  unalterably  established,  we 
declare : 

Section  1.  That  all  men  are  born  equally  free  and  independent, 
and  have  certain  inherent  and  indefeasible  rights,  among  which  are 
those  of  enjoying  and  defending  life  and  liberty,  and  of  acquiring, 
possessing,  and  protecting  property  and  reputation,  and  of  pursu- 
ing their  own  happiness. 

Sec,  2.  That  all  power  is  inherent  in  the  people,  and  all  free  gov- 
ernments are  founded  on  their  authority,  and  instituted  for  their 
peace,  safety,  and  happiness. 

Sec.  3.  That  all  men  have  a  natural  and  indefeasible  right  to  wor- 
ship Almighty  God  according  to  the  dictates  of  their  own  consciences ; 
that  no  man  can  of  right  be  compelled  to  attend,  erect,  or  support 
an}^  place  of  worship,  or  to  maintain  any  ministry,  against  his  con- 
sent ;  that  no  human  authority  can,  in  any  case  whatever,  control 
or  interfere  with  the  rights  of  conscience:  and  that  no  preference 
shall  ever  he  given  by  law  to  any  religious  establishment  or  modes 
of  worship. 

Sec.  4.  That  no  religious  test  shall  ever  be  required  as  a  qualifica- 
tion to  any  office  of  public  trust  und^r  this  State. 

Sec.  5.  That  all  elections  shall  be  free  and  equal. 

Sec.  6.  That  the  right  of  trial  by  jury  shall  remain  inviolate;  and 
shall  extend  to  all  cases  at  law,  without  regard  to  the  amount  in  con- 
troversy. 

Sec.  7.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers,  and  possessions  from  unreasonable  searches  and  seizures; 
and  that  general  warrants,  whereby  an  officer  may  be  commanded  to 
search  suspected  places  without  evidence  of  the  fact  committed,  or 
to  seize  any  person  or  persons  not  named,  Avhose  offences  are  not 
j)articularly  described  and  supported  by  e^ddence,  are  dangerous  to 
liberty,  and  ought  not  to  be  granted. 

Sec.  8.  That  no  freeman  shall  be  imprisoned,  or  disseized  of  his 
freehold,  liberties,  or  privileges,  or  outlawed,  or  exiled,  or  in  any 
manner  deprived  of  his  life,  liberty,  or  property,  but  by  the  judgment 
of  his  peers,  or  the  law  of  the  land. 


1008  Illinois— 1818 

Sec.  0.  That  in  all  criminal  jiroseciitions  tho  accused  hath  a  right 
to  ho  heard  by  himself  and  counsel;  to  demand  the  nature  and  cause 
of  the  accusation  against  him;  to  meet  the  witnesses  face  to  face;  to 
have  compulsory  process  to  compel  the  attendance  of  witnesses  in 
his  favor;  and,  in  prosecutions  by  indictment  or  information,  a 
speedy  public  trial  by  an  impartial  jury  of  the  countv  or  district 
Avherein  the  offence  shall  be  conunitted,  which  county  or  district 
shall  have  been  previously  ascertained  by  law;  and  that  he  shall  not 
be  compelled  to  give  evidence  against  himself. 

Sec.  10.  No  person  shall  be  held  to  answer  for  a  criminal  offence 
unless  on  the  presentment  or  indictment  of  a  grand  jury,  except  in 
cases  of  impeachment,  or  in  eases  cognizable  by  justices  of  the  peace, 
or  arising  in  the  army  or  navy,  or  in  the  militia  when  in  actual  serv- 
ice in  time  of  war  or  public  danger:  Provided.,  That  justices  of  the 
peace  shall  try  no  person,  except  as  a  court  of  inquiry,  for  any  offence 
punishable  with  imprisonment  or  death,  or  fine  above  one  hundred 
dollars. 

Sec.  11.  No  person  shall,  for  the  same  offence,  be  twice  put  in 
jeopardy  of  his  life  or  limb;  nor  shall  any  man's  property  be  taken 
or  applied  to  public  use  without  the  consent  of  his  representatives 
in  the  general  assembly,  nor  without  just  compensation  being  made 
to  him. 

Sec.  12.  Every  person  within  this  State  ought  to  find  a  certain  rem- 
edy in  the  laws  for  all  injuries  or  wrongs  which  he  may  receive  in 
his  person,  property,  or  character;  he  ought  to  obtain  right  and 
justice  freely,  and  without  being  obliged  to  purchase  it,  completely 
and  without  denial,  promptly  and  without  delay,  conformably  to  the 
laws. 

Sec.  13.  That  all  persons  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offences  where  the  proof  is  evident  or  the  presump- 
tion great;  and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  Avhen,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

Sec.  IJ:.  All  penalties  shall  be  proportioned  to  the  nature  of  the 
offence;  the  true  design  of  all  punishment  being  to  reform,  not  to 
exterminate,  mankind. 

Sec.  15.  No  person  shall  be  imprisoned  for  debt,  unless  upon 
refusal  to  deliver  up  his  estate  for  the  benefit  of  his  creditors,  in  such 
manner  as  shall  be  prescribed  by  law,  or  in  cases  where  there  is  strong 
presumption  of  fraud. 

Sec.  16.  There  shall  be  neither  slavery  nor  involuntary  servitude  in 
this  State,  except  as  a  punishment  for  crime  whereof  the  party  shall 
have  been  duly  convicted. 

Sec.  17.  Xo  e.e  post  facto  law,  nor  any  law  impairing  the  obliga- 
tion of  contracts,  shall  ever  be  made;  and  no  conviction  shall  work 
corruption  of  blood  or  forfeiture  of  estate. 

Sec.  18.  That  no  person  shall  be  liable  to  be  transported  out  of 
this  State  for  any  offence  committed  within  the  same. 

Sec.  19.  That  a  frequent  recurrence  to  the  fundamental  principles 
of  civil  government  is  absolutelj^  necessary  to  preserve  the  blessings 
of  liberty. 


Illinois— 1818      *  1009 

Sec.  20.  The  military  shall  be  in  strict  subordination  to  the  civil 
power. 

Sec.  21.  That  the  people  have  a  right  to  assemble  together  in  a 
peaceable  manner  to  consult  for  their  common  good,  to  instruct  their 
representatives,  and  to  apply  to  the  general  assembly  for  redress  of 
grievances. 

Sec.  22.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner ;  nor  in  time  of  w^ar,  except  in 
manner  prescribed  by  law. 

Sec.  23.  The  printing-presses  shall  be  free  to  every  person  who 
undertakes  to  examine  the  proceedings  of  the  general  assembly,  or 
any  branch  of  government ;  and  no  law  shall  ever  be  made  to  restrain 
the  right  thereof.  The  free  communication  of  thoughts  and  opinions 
is  one  of  the  invaluable  rights  of  man;  and  every  citizen  may  freely 
speak,  write,  and  print  on  any  subject,  being  responsible  for  the  abuse 
of  that  liberty. 

Sec.  24.  In  prosecutions  for  the  publication  of  papers  investigating 
the  official  conduct  of  officers,  or  of  men  acting  in  a  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  the  right  of  determining  both  the  law  and 
the  fact,  under  the  direction  of  the  court,  as  in  other  cases. 

Sec.  25.  Any  person  who  shall,  after  the  adoption  of  this  constitu- 
tion, fight  a  duel,  or  send  or  accept  a  challenge  for  that  purpose,  or  be 
aider  or  abettor  in  fighting  a  duel,  shall  be  deprived  of  the  right  of 
holding  any  office  of  honor  or  profit  in  this  State,  and  shall  be  pun- 
ished otherwise  in  such  manner  as  is  or  may  be  ])rescribed  by  law. 

Sec.  2G.  That  from  and  after  the  adoption  of  this  constitution  every 
person  who  shall  be  elected  or  appointed  to  any  office  of  profit,  trust, 
or  emolument,  civil  or  military,  legislative,  executive,  or  judicial, 
under  the  government  of  this  State,  shall,  before  he  enters  upon  the 
duties  of  his  office,  in  addition  to  the  oath  prescribed  in  this  constitu- 
tion, take  the  following  oath :  ''  I  do  solemnly  swear  [or  affirm,  as 
the  case  may  be]  that  I  have  not  fought  a  duel,  nor  sent  or  accepted  a 
challenge  to  fight  a  duel,  the  probable  issue  of  which  might  have  been 
the  death  of  either  party,  nor  been  a  second  to  either  party,  nor  in  any 
manner  aided  or  assisted  in  such  duel,  nor  been  knowingly  the  bearer 
of  such  challenge  or  acceptance,  since  the  adoption  of  the  constitu- 
tion; and  that  I  will  not  be  so  engaged  or  concerned,  directly  or  indi- 
rectly, in  or  about  any  such  duel,  during  ni}^  continuance  in  office;  so 
help  me  God." 

Article  XIV 

PERSONS    OF    COLOR 

The  general  assembly  shall,  at  its  first  session  under  the  amended 
constitution,  pass  such  laws  as  will  efi'ectually  prohibit  free  persons  of 
color  from  immigrating  to  and  settling  in  this  State:  and  to  efi'ectu- 
ally j)revent  the  owners  of  slaves  from  bringing  them  into  this  State, 
for  the  purpose  of  setting  them  free. 


1010  Illinois— 1818 

Schedule 

That  no  inconvenience  may  arise  from  the  akerations  and  amend- 
ments made  in  the  constitution  of  this  State,  antl  to  carry  the  same 
into  complete  effect,  it  is  hereby  ordained  and  declared : 

Section  1.  That  all  laws  in  force  at  the  adoption  of  this  consti- 
tution, not  inconsistent  therewith,  and  all  rights,  actions,  prosecu- 
tions, claims,  and  contracts  of  this  State,  individuals  or  bodies- 
corporate,  shall  continue,  and  be  as  valid  as  if  this  co  stitution  had 
not  been  adopted. 

Sec.  2.  That  all  fines,  penalties,  and  forfeitures  due  and  owing  to 
the  State  of  Illinois  under  the  present  constitution  and  laws  shall 
inure  to  the  use  of  the  people  of  the  State  of  Illinois  under  this 
constitution. 

Sec.  3.  Recognizances,  bonds,  obligations,  and  all  other  instruments 
entered  into  or  executed,  before  the  adoption  of  this  constitution,  to 
the  people  of  the  State  of  Illinois,  to  any  State  or  county  officer  or 
public  body,  shall  remain  binding  and  valid,  and  rights  and  liabil- 
ities upon  the  same  shall  continue,  and  all  crimes  and  misdemeanors 
shall  be  tried  and  punished  as  though  no  change  had  been  made  in 
the  constitution  of  the  State. 

Sec.  4.  That  "Article  XI,"  entitled  "  Commons,"  is  hereby  adopted 
as  a  i^art  of  the  constitution  of  this  State,  without  being  submitted 
to  be  voted  upon  by  the  people. 

Sec.  5.  That  at  the  first  election  fixed  by  this  constitution  for  the 
election  of  judges,  there  shall  be  elected  one  circuit  judge  in  each 
of  the  nine  judicial  circuits  now  established  in  this  State. 

Sec.  6.  The  county  commissioners'  courts  and  the  probate  justices 
of  the  several  counties  shall  continue  in  existence  and  exercise  their 
present  jurisdiction  until  the  county  court,  provided  in  this  constitu- 
tion, is  organized  in  pursuance  of  an  act  of  the  general  assembly  to 
be  passed  at  its  first  session. 

Sec.  7.  That  the  clerk  of  the  circuit  court,  in  each  county  fixed  by 
this  constitution  as  the  place  for  holding  the  supreme  court,  except  in 
the  county  of  Sangamon,  shall  be  ex-o-ffiHo  clerk  of  the  supreme 
court,  until  the  clerks  of  said  court  shall  be  elected  and  qualified,  as 
provided  in  this  constitution,  and  all  laws  now  in  force,  in  relation 
to  the  clerk  of  the  supreme  court,  shall  be  applicable  to  said  clerks 
and  their  duties. 

Sec.  8.  That  the  sheriflfs.  State  attorneys,  and  all  other  officers 
elected  under  this  constitution,  shall  perfom  such  duties  as  shall  be 
prescribed  by  law. 

Sec.  9.  That  the  oaths  of  office  herein  required  to  be  taken  may  be 
administered  by  a  justice  of  the  peace  until  otherwise  provided  by 
law. 

Sec.  10.  That  this  constitution  shall  be  submitted  to  the  jDeople  for 
their  adoption  or  rejection  at  an  election  to  be  held  on  the  first 
Monday  in  March,  A.  D.  1848,  and  there  shall  also  be  submitted  for 
adoption  or  rejection,  at  the  same  time,  the  separate  articles  in  rela- 
tion to  the  emigration  of  colored  persons  and  the  public  debt. 

Sec.  11.  That  every  person  entitled  to  vote  for  members  of  the  gen- 
eral assembh',  by  the  constitution  and  laws  now  in  force,  shall  on  the 
first  Monday  in  March,  A.  D.  1848,  be  entitled  to  vote  for  the  adop- 
tion or  rejection  of  this  constitution,  and  for  and  against  the  afore- 
said articles  separately  submitted,  and  the  said  qualified  electors  shall 


mi7iois—1818  1011 

vote  in  the  counties  in  which  they  respectively  reside,  at  the  usual 
places  of  voting,  and  not  elsewhere;  and  the  said  election  shall  be 
conducted  according  to  the  laws  now  in  force  in  relation  to  the  elec- 
tion of  governor,  so  far  as  applicable,  except  as  herein  otherwise 
provided. 

Sec.  12.  [As  this  section  merely  gave  the  form  of  poll-book  to  be 
used  when  the  constitution  was  submitted  to  the  people,  it  is  omitted, 
the  event  having  passed.] 

Sec.  13.  That  the  returns  of  the  votes  for  the  adoption  or  rejection 
of  this  constitution,  and  for  and  against  the  separate  articles  sub- 
mitted, shall  be  made  to  the  secretary  of  state  within  fifty  days  after 
the  election,  and  the  returns  of  the  votes  shall,  within  five  days  there- 
after, be  examined  and  canvassed  by  the  auditor,  treasurer,  and  sec- 
retary of  state,  or  any  two  of  them,  in  the  presence  of  the  governor, 
and  proclamation  shall  be  made  by  the  governor  forthwith  of  the 
result  of  the  polls.  If  it  shall  appear  that  a  majority  of  all  the  votes 
polled  are  for  the  adoption  of  this  constitution,  it  shall  be  the  supreme 
law  of  the  land,  from  and  after  the  first  day  of  April,  A.  D.  1848; 
but  if  it  shall  appear  that  a  majority  of  the  votes  polled  were  given 
against  the  constitution,  the  same  shall  be  null  and  void.  If  it  shall 
further  appear  that  a  majority  of  the  votes  polled  shall  have  been 
given  for  the  separate  article  in  relation  to  colored  persons,  or  the 
article  for  the  two-mill  tax,  then  said  article  or  articles  shall  be  and 
form  a  part  of  this  constitution,  otherwise  said  article  or  articles  shall 
be  null  and  void. 

Sec.  14.  That  if  this  constitution  shall  be  ratified  by  the  people,  the 
governor  shall  forthwith,  after  having  ascertained  the  fact,  issue 
writs  of  election  to  the  sheriffs  of  the  several  counties  in  this  State, 
or,  in  case  of  vacancy,  to  the  coroners,  for  the  election  of  all  the  offi- 
cers, the  time  of  whose  election  is  fixed  by  this  constitution  or  sched- 
ule; and  it  shall  be  the  duty  of  said  sheriffs  or  coroners  to  give  at 
least  twenty  days'  notice  of  the  time  and  place  of  said  election,  in  the 
manner  now  provided  by  law. 

Sec.  15.  The  general  assembly  shall,  at  its  first  session  after  the 
adoption  of  this  constitution,  provide  by  law  for  the  mode  of  voting 
by  ballot,  and  also  for  the  manner  of  returning,  canvassing,  and  cer- 
tifying the  number  of  votes  cast  at  any  election ;  and  until  said  law 
shall  be  passed,  all  elections  shall  be  viva  voce^  and  the  laws  now  in 
force  regulating  elections  shall  continue  in  force  until  the  general 
assembly  shall  provide  otherwise,  as  herein  directed. 

Sec.  16.  That  the  first  general  election  of  governor,  secretarv  of 
state,  auditor,  treasurer,  and  members  of  the  general  assembly,  and  of 
such  other  officers  as  are  to  be  elected  at  the  same  time,  shall  be  licld 
on  the  first  Monday  of  August,  eighteen  hundred  and  forty-eight, 
anything  in  this  constitution  to  the  contrary  notwithstanding. 
County  officers  then  elected  shall  hold  their  respective  offices  until 
their  successors  are  elected  or  appointed,  in  conformity  with  laws 
hereinafter  enacted. 

Sec.  17.  That  returns  of  the  election  of  justices  of  the  supreme  and 
judges  of  the  circuit  courts,  secretary  of  state,  auditor,  and  treasurer, 
shall  be  made  and  canvassed  as  is  now  provided  by  law  for  Repre- 
sentatives in  (\)ngress;  and  returns  for  members  of  the  general  assem- 
bly and  county  officers  shall  be  made  and  canvassed  as  is  now  pro- 
vided by  law. 


1012  Illinois— 1818 

Sec.  18.  That  all  laws  of  the  State  of  Illinois,  and  all  official 
writings,  and  the  executive,  legislative,  and  jndi(;ial  proceedinjj:s,  shall 
be  coiulucted,  ])reserved,  and  published  in  no  other  than  the  English 
language. 

Sec.  19.  On  the  first  Monday  in  December,  one  thousand  eight  hun- 
dred and  forty-eight,  the  term  of  office  of  judges  of  the  sui)renie  court. 
State's  attorneys,  and  of  the  clerks  of  the  supreme  and  circuit  courts, 
shall  expire;  and  on  said  day  the  term  of  office  of  the  judges,  State's 
attorne^^s,  and  clerks  elected  under  the  provisions  of  this  constitution 
shall  commence.  The  judges  of  the  supreme  court,  elected  as  afore- 
said, shall  have  and  exercise  the  powers  and  jurisdiction  conferred 
upon  the  present  judges  of  that  court;  and  the  said  judges  of  the  cir- 
cuit courts  shall  have  and  exercise  the  powers  and  jurisdiction  con- 
ferred upon  the  judges  of  those  courts,  subject  to  the  provisions  of 
this  constitution. 

Sec.  20.  On  the  first  Monday  in  December,  one  thousand  eight  hun- 
dred and  forty-eight,  jurisdiction  of  all  suits  and  proceedings  then 
pending  in  the  present  supreme  court  shall  become  vested  in  the 
supreme  court  established  by  this  constitution,  and  shall  be  finally 
adjudicated  by  the  court  where  the  same  may  be  pending.  The  juris- 
diction of  all  suits  and  proceedings  then  pending  in  the  circuit  courts 
of  the  several  counties  shall  be  vested  in  the  circuit  courts  of  said 
counties. 

Sec.  21.  The  Cook  and  Jo  Daviess  County  courts  shall  continue  to 
exist,  and  the  judge  and  other  officers  of  the  same  remain  in  office, 
until  otherw'ise  provided  by  law. 

Sec.  22.  Until  otherwise  provided  by  law,  the  terms  of  the  supreme 
court  shall  be  held  as  follows :  In  the  first  division,  on  the  first  Mon- 
day of  December,  A.  D.  1848,  and  annually  thereafter;  in  the  second 
division,  on  the  third  Monday  of  December,  A.  D.  18-18,  and  annually 
thereafter;  in  the  third  division,  on  the  first  Monday  of  February. 
A.  D.  1849,  and  annually  thereafter.  The  sheriffs  of  Jefferson  and 
La  Salle  Counties  shall  perform  the  same  duties  and  receive  the  same 
compensation  as  is  required  and  provided  for  the  sheriff  of  Sangamon 
County,  until  otherwise  provided  by  law. 

Sec.  23.  Nothing  in  this  constitution  shall  prevent  the  general 
assembly  from  passing  such  laws  in  relation  to  the  apprenticeship  of 
minors,  during  their  minority,  as  may  be  necessary  and  proper. 

Sec.  24.  That  the  general  assembly  shall  pass  all  laws  necessary  to 
carry  into  effect  the  provisions  of  this  constitution. 

Sec.  25.  Elections  of  judges  of  the  supreme  and  circuit  courts  shall 
be  subject  to  be  contested. 

Sec.  26.  Contested  elections  of  judges  of  the  supreme  court  shall  be 
tried  by  the  senate,  and  of  judges  of  the  circuit  court  by  the  supreme 
court,  and  the  general  assembly  shall  prescribe  the  manner  of  pro- 
ceeding therein. 

Done  in  convention,  at  the  capitol,  in  the  city  of  Springfield,  on  the 
thirty-first  day  of  August,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  forty-seven,  and  of  the  Independence  of  the  United 
States  of  America  the  seventy-second, 

Newton  Cloud,  President. 

Henry  W.  Moore, 

Secretary. 

Harman  (t.  Reynolds, 

Assistant  Secretary. 


Illinois— 1870  1013 

CONSTITUTION  OF  ILLINOIS— 1870  *  « 

PREAMBLE 

AVe,  the  People  of  the  State  of  Illinois — grateful  to  Almighty  God 
for  the  civil,  political  and  religious  liberty  which  he  hath  so  long 
l^ermitted  us  to  enjoy,  and  looking  to  him  for  a  blessing  upon  onr 
endeavors  to  secure  and  transmit  the  same  unimpaired  to  succeeding 
generations — in  order  to  form  a  more  perfect  government,  establish 
justice,  insure  domestic  tranquility,  provide  for  the  common  defense, 
promote  the  general  welfare,  and  secure  the  blessing  of  liberty  to 
ourselves  and  our  posterity,  do  ordain  and  establish  this  Constitution 
for  the  State  of  Illinois. 

Article  I 

BOUNDARIES 

The  boundaries  and  jurisdiction  of  the  State  shall  be  as  follows, 
to-wit :  Beginning  at  the  mouth  of  the  AVabash  river:  thence  up 
the  same,  and  with  the  line  of  Indiana  to  the  north  Avest  corner  of 
said  State;  thence  east,  with  the  line  of  the  same  State,  to  the  mid- 
dle of  Lake  Michigan ;  thence  north  along  the  middle  of  said  lake  to 
north  latitude  forty-two  degrees  and  thirty  minutes,  thence  west  to 
the  middle  of  the  Mississippi  river,  and  thence  doAvn  along  the  mid- 
dle of  that  river  to  its  confluence  with  the  Ohio  river,  and  thence  up 
the  latter  ri^-er  along  its  northwestern  shore  to  the  place  of  begin- 
ning: Prodded,  that  this  State  shall  exercise  such  jurisdiction  upon 
the  Ohio  river  as  she  is  now  entitled  to,  or  such  as  may  hereafter  be 
agreed  upon  by  this  State  and  the  State  of  Kentucky.'' 

Article  II 

BILL  OF   RIGHTS 

Section  1.  All  men  are  by  nature  free  and  independent,  and  have 
certain  inherent  and  inalienable  rights — among  these  are  life,  liberty 

*The  constitution  of  the  State  of  Illinois.  Adopted  in  Convention  May  1.3, 
1870;  ratified  by  the  People  .July  1>,  1870;  in  force  August  8.  1870.  Amended 
in  1878,  1880.  1884,  1880  and  1890.  With  annotations  by  Prof.  C.  W.  Tooke.  of 
the  University  of  Illinois.  I'rinted  by  order  of  James  A.  Rose,  Secretary  of 
State.     Springfield.  111. :  Phillips  Bros.,  State  Printers.     1000.     .58  pp. 

a  Adopted  in  Convention  at  Springfield.  May  1.3.  A.  D.  1870.  Ratified  by  the 
People  .July  2,  1870;  in  force  August  8,  1870;  amended  in  1878,  1880.  1884,  188G 
and  1890. 

See  "  Debates  and  Proceedings  of  the  Constitutional  Convention  of  the  State 
of  Illinois,  Convened  at  the  City  of  Springfield.  Tuesday.  December  i:i,  1869. 
Ely.  Burnhnm  &  Bartlett.  (^fiicial  Stenographers.  Vols.  T.  II,  folio.  Spring- 
field, K.  L.  Merritt  &  Brother.  Printers  to  the  Convention.  1870."  Vol.  II.  pp. 
1871-1880. 

Also.  "Journal  of  the  Constitutional  Convention  of  the  State  of  Illinois.  Con- 
vened at  Springfield.  December  V.i,  1869.  Springfield :  State  .Journal  Printing 
Office,  1870."     pp.  99:]-l021. 

&  The  true  line  of  boundary  between  Illinois  and  Iowa  is  the  middle  of  the 
main  navigable  channel.     Illinois  r.  Iowa,  147  U.  S.  1. 

Illinois  cases  cited  and  attirmed  in  Keokuk  Bridge  Co.  r.  The  People,  176 
111.  267. 


1014  Illinois— 1870 

and  the  pursuit  of  happiness.  To  secure  these  rights  and  the  pro- 
tection of  property,  governments  are  instituted  among  men,  deriving 
their  just  powers  from  the  consent  of  the  governed, 

§  2.  No  person  shall  be  deprived  of  life,  liberty  or  property  with- 
out due  process  of  law. 

§  3,  The  free  exercise  and  enjoyment  of  religious  jjrofession  and 
worship,  without  discrimination,  shall  forever  be  guaranteed ;  and  no 
person  shall  be  denied  any  civil  or  political  right,  privilege  or  capac- 
ity on  account  of  his  religious  opinions ;  but  the  liberty  of  conscience 
hereby  secured  shall  not  be  construed  to  dispense  with  oaths  or 
affirmations,  excuse  acts  of  licentiousness,  or  justify  practices  incon- 
sistent with  the  peace  or  safety  of  the  State.  No  person  shall  be 
required  to  attend  or  support  any  ministry  or  place  of  worship  against 
his  consent,  nor  shall  any  preference  be  given  by  law  to  any  religious 
denomination  or  mode  of  w^orship, 

§  4.  Every  person  may  freely  speak,  write  and  publish  on  all  sub- 
jects, being  responsible  for  the  abuse  of  that  liberty ;  and  in  all  trials 
for  libel,  both  civil  and  criminal,  the  truth,  when  published  with  good 
motives  and  for  justifiable  ends,  shall  be  a  sufficient  defense, 

§  5.  The  right  of  trial  by  jury,  as  heretofore  enjoyed,  shall  remain 
inviolate;  but  the  trial  of  civil  cases  before  justices  of  the  peace,  by 
a  jury  of  less  than  twelve  men,  may  be  authorizetl  by  law. 

§  6.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  effects  against  unreasonable  searches  and  seizures,  shall 
not  be  violated;  and  no  warrant  shall  issue  without  probable  cause, 
supported  by  affidavit,  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 

§  7.  All  persons  shall  be  bailable  by  sufficient  sureties,  except  for 
capital  offenses,  where  the  proof  is  evident  or  the  presumption  great ; 
and  the  privilege  of  the  writ  of  haheas  corpus  shall  not  be  suspended, 
unless  when  in  cases  of  rebellion  or  invasion  the  public  safety  may 
require  it. 

§  8.  No  person  shall  be  held  to  answer  for  a  criminal  offense,  unless 
on  indictment  of  a  grand  jury,  except  in  cases  in  which  the  punish- 
ment is  by  fine,  or  imprisonment  otherwise  than  in  the  penitentiary, 
in  cases  of  impeachment,  and  in  cases  arising  in  the  army  and  navy, 
or  in  the  militia,  Avhen  in  actual  service  in  time  of  war  or  public 
danger:  Provided^  that  the  grand  jury  may  be  abolished  by  law  in 
all  cases. 

§  9.  In  all  criminal  prosecutions  the  accused  shall  have  the  right 
to  appear  and  defend  in  person  and  by  counsel ;  to  demand  the 
nature  and  cause  of  the  accusation,  and  to  have  a  copy  thereof;  to 
meet  the  Avitnesses  face  to  face,  and  to  have  process  to  compel  the 
attendance  of  witnesses  in  his  behalf,  and  a  speedy  public  trial  by  an 
impartial  jury  of  the  county  or  district  in  which  the  offense  is 
alleged  to  have  been  committed. 

§  10.  No  person  shall  be  compelled  in  any  criminal  case  to  give 
evidence  against  himself,  or  be  twice  put  in  jeopardy  for  the  same 
offense. 

§  11.  All  penalties  shall  be  proportioned  to  the  nature  of  the 
offense;  and  no  conviction  shall  work  corruption  of  blood  or  for- 
feiture of  estate;  nor  shall  any  person  be  transported  out  of  the 
State  for  any  offense  committed  within  the  same. 


Illinois— 1870  1015 

§  12.  No  person  shall  be  imprisoned  for  debt,  unless  upon  refusal 
to  deliver  up  his  estate  for  the  benefit  of  his  creditors,  in  such  man- 
ner as  shall  be  j)rescribed  bv  law;  or  in  cases  where  there  is  strong 
j)resiunption  of  fraud. 

§  13.  Private  property  shall  not  be  taken  or  damaged  for  public 
use  without  just  compensation.  Such  compensation,  when  not  made 
by  the  State,  shall  be  ascertained  by  a  jury,  as  shall  be  f)rescribed 
by  law.  The  fee  of  land  taken  for  railroad  tracks,  without  consent 
of  the  owners  thereof,  shall  remain  in  such  owners,  subject  to  the 
u.se  for  which  it  is  taken. 

§  14.  No  ex  potit  facto  law,  or  law  impairing  the  obligation  of 
contracts,  or  making  any  irreA^ocable  grant  of  special  privileges  or 
immunities,  shall  be  passed. 

§  15.  The  military  shall  be  in  strict  subordination  to  the  civil 
power. 

§  16.  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. 

§  17.  The  people  have  the  right  to  assemble  in  a  peaceable  manner 
to  consult  for  the  common  good,  to  make  known  their  opinions  to 
their  representatives,  and  to  apply  for  redress  of  grievances. 

§  18.  All  elections  shall  be  free  and  equal. 

§  19.  Every  person  ought  to  find  a  certain  remedy  in  the  laws  for 
all  injuries  and  wrongs  which  he  may  receive  in  his  person,  property, 
or  reputation ;  he  ought  to  obtain  by  law,  right  and  justice  freely,  and 
without  being  obliged  to  purchase  it,  completely  and  with'out  denial, 
promptly  and  without  delay. 

§  20.  A  frequent  recurrence  to  the  fundamental  principles  of  civil 
government  is  absolutely  necessary  to  preserve  the  blessings  of  liberty. 

Article  III 

DISTRIBUTION  OF   POWERS 

The  powers  of  the  government  of  this  State  are  divided  into  three 
distinct  departments — the  Legislative,  Executive  and  Judicial;  and 
no  person,  or  collection  of  persons,  being  one  of  these  departments, 
shall  exercise  any  power  properly  belonging  to  either  of  the  others, 
except  as  hereinafter  expressly  directed  or  permitted. 

Article  IV 

LEGISLATIVE   DEPARTMENT 

§  1.  The  legislative  power  shall  be  vested  in  a  general  assembly, 
which  shall  consist  of  a  senate  and  house  of  representatives,  both  to 
be  elected  by  the  people. 

ELECTION 

§  2.  An  election  for  members  of  the  general  assembly  shall  be 
held  on  the  Tuesday  next  after  the  first  Mondaj-  in  November,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventy,  and  every 
two  years  thereafter,  in  each  county,  at  such  places  therein  as  may 


1016  Illinois— 1870 

be  provided  by  law.  When  vacancies  occur  in  either  house,  the  gov- 
ernor, or  ])ers()n  exercising  the  powers  of  governor,  shall  issue  writs 
of  election  to  fill  such  vacancies. 

KLIGIBILITY    AND    OATH 

§  8.  No  person  shall  be  a  senator  who  shall  not  have  attained  the 
age  of  twenty-five  years,  or  a  representative  avIio  shall  not  have 
attained  the  age  of  tAventy-one  years.  No  person  shall  be  a  senator 
or  a  representative  who  shall  not  be  a  citizen  of  the  United  States 
and  who  shall  not  have  been  for  five  years  a  resident  of  this  State, 
and  for  two  years  next  preceding  his  election  a  resident  within  the 
territory  forming  the  district  from  which  he  is  elected.  No  judge  or 
clerk  of  any  court,  secretary  of  state,  attorney  general,  state's  attor- 
ney, recorder,  sheriff,  or  collector  of  public  revenue,  members  of 
either  house  of  congress,  or  persons  holding  any  lucrative  office 
under  the  United  States  or  this  State,  or  any  foreign  government, 
shall  have  a  seat  in  the  general  assembly:  Prorided,  that  appoint- 
ments in  the  militia,  and  the  offices  of  notar}^  public  and  justice  of 
the  peace,  shall  not  be  considered  lucrative.  Nor  shall  any  person 
holding  any  office  of  honor  or  profit  under  any  foreign  government, 
or  under  the  government  of  the  United  States,  (except  postmasters 
whose  annual  compensation  does  not  exceed  the  sum  of  three  hundred 
dollars)  hold  any  office  of  honor  or  profit  under  the  authority  of 
this  State. . 

§  4.  No  person  who  has  been,  or  hereafter  shall  be  convicted  of 
bribery,  perjury  or  other  infamous  crime,  nor  any  person  who  has 
been  or  may  be  a  collector  or  holder  of  public  moneys,  who  shall  not 
have  accounted  for  and  paid  over,  according  to  law,  all  such  moneys 
due  from  him,  shall  be  eligible  to  the  general  assembly,  or  to  any 
office  of  profit  or  trust  in  this  State. 

§  5.  Members  of  the  general  assembly,  before  they  enter  upon 
their  official  duties,  shall  take  and  subscribe  the  following  oath  or 
affirmation : 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  constitu- 
tion of  the  United  States  and  the  constitution  of  the  State  of  Illinois, 
and  will  faithfully  discharge  the  duties  of  senator  (or  representative) 
according  to  the  best  of  my  ability;  and  that  I  have  not  knowingly 
or  intentionally  paid  or  contributed  anything,  or  made  any  promise 
in  the  nature  of  a  bribe  to  directly  or  indirectly  influence  any  vote  at 
the  election  at  which  I  was  chosen  to  fill  the  said  office,  and  have  not 
accepted,  nor  will  I  accept  or  receive,  directly  or  indirectly,  any 
money  or  other  valuable  thing  from  any  corporation,  company  or 
person  for  any  vote  or  influence  I  may  give  or  withhold  on  anj^  bill, 
resolution  or  appropriation,  or  for  any  other  official  act.'' 

This  oath  shall  be  administered  by  a  judge  of  the  supreme  or  cir- 
cuit court  in  the  hall  of  the  house  to  which  the  member  is  elected, 
and  the  secretary  of  state  shall  record  and  file  the  oath  subscribed  by 
each  member.  Any  member  who  shall  refuse  to  take  the  oath  herein 
prescribed  shall  forfeit  his  office,  and  every  member  who  shall  be 
convicted  of  having  sworn  falsely  to,  or  of  violating,  his  said  oath, 
shall  forfeit  his  office  and  be  disqualified  thereafter  from  holding  any 
office  of  profit  or  trust  in  this  State. 


Illinois— 1870  1017 

APPORTIONMENT SENATORIAL 

§  6.  The  general  assembly  shall  apportion  the  State  every  ten 
years,  beginning-  with  the  year  one  thousand  eight  hundred  and 
seventy-one,  by  dividing  the  population  of  the  State,  as  ascertained 
by  the  federal  census,  by  the  number  fifty-one,  and  the  quotient  shall 
be  the  ratio  of  representation  in  the  senate.  The  State  shall  be 
divided  into  fifty-one  senatorial  districts,  each  of  which  shall  elect 
one  senator,  whose  term  of  office  shall  be  four  years.  The  senators 
elected  in  the  yefxv  of  our  Lord  one  thousand  eight  hundred  and 
seventy-two,  in  districts  bearing  odd  numbers,  shall  vacate  their 
offices  at  the  end  of  two  years,  and  those  elected  in  districts  bearing 
even  numbers  at  the  end  of  four  years,  and  vacancies  occurring  by 
the  exjjiration  of  term  shall  be  filled  by  the  election  of  senators  for 
the  full  term.  Senatorial  districts  shall  be  formed  of  contiguous  and 
compact  territory,  bounded  by  county  lines,  and  contain  as  near  as 
practicable  an  equal  number  of  inhabitants;  but  no  district  shall 
contain  less  than  four-fifths  of  the  senatorial  ratio.  Counties  con- 
taining not  less  than  the  ratio  and  three-fourths  may  be  divided  into 
separate  districts,  and  shall  be  entitled  to  two  senators,  and  to  one 
additional  senator  for  each  number  of  inhabitants  equal  to  the  ratio 
contained  by  such  counties  in  excess  of  twice  the  number  of  said 
ratio. 

REPRESENTATIVES 

§  7.  The  population  of  the  State,  as  ascertained  by  the  federal  cen- 
sus, shall  be  divided  by  the  number  one  hundred  and  fifty-three,  and 
the  quotient  shall  be  the  ratio  of  representation  in  the  house  of  repre- 
sentatives. Every  county  or  district  shall  be  entitled  to  one  repre- 
sentative, when  its  pojiulation  is  three-fifths  of  the  ratio;  if  any 
county  has  less  than  three-fifths  of  the  ratio,  it  shall  be  attached  to 
the  adjoining  county  having  the  least  population,  to  which  no  other 
county  has,  for  the  same  reason,  been  attached,  and  the  two  shall 
constitute  a  separate  district.  Every  county  or  district  having  a 
po])ulati()n  not  less  than  the  ratio  and  three-fifths,  shall  be  entitled 
to  two  representatives,  and  for  each  additional  number  of  inhabitants, 
equal  to  the  ratio,  one  representative.  Counties  having  over  two 
hundred  thousand  inhabitants,  may  be  divided  into  districts,  each  en- 
titled to  not  less  than  three  nor  more  than  five  representatives. 
After  the  year  one  thousand  eight  hundred  and  eighty,  the  whole 
population  shall  be  divided  by  the  number  one  hundi-ed  and  fifty- 
nine,  and  the  quotient  shall  be  the  ratio  of  representation  in  the 
house  of  representatives  for  the  ensuing  ten  years,  and  six  addi- 
tional representatives  shall  be  added  for  every  fiVe  hundred  thousand 
increase  of  population  at  each  decennial  census  thereafter,  and  be 
apportioned  in  the  same  manner  as  above  provided. 

§  8.  AMien  a  county  or  district  shall  have  a  fraction  of  population 
above  what  shall  entitle  it  to  one  representative,  or  more,  according  to 
the  provisions  of  the  foregoing  section,  amounting  to  one-fifth  of 
the  ratio,  it  shall  be  entitled  to  one  additional  representative  in  the 
fifth  term  of  each  decennial  ])eriod ;  when  such  fraction  is  two-fifths 
of  the  ratio,  it  shall  be  entitled  to  an  additional  representative  in 
the  fourth  and  fifth  terms  of  said  period;  when  the  fraction  is  thrt'e 


1018  IIU7WIS—1870 

fifths  of  the  ratio,  it  shall  be  entitled  to  an  additional  representative 
in  the  first,  second  and  third  terms,  respectively;  when  a  fraction  is 
four-fifths  of  the  ratio,  it  shall  be  entitled  to  an  additional  represent- 
ative in  the  first,  second,  third  and  fourth  terms,  respectively. 

Note. — By  the  adoption  of  minority  representation.  §§7  and  8  of  this  arti- 
cle, above  set  forth,  cease  to  be  a  part  of  the  constitution.  Under  §  12  of  the 
schedule,  and  the  vote  of  adoption,  the  following  section  relating  to  minority 
representation  is  substituted  for  said  sections: 

MINORITY    REPRESENTATION  » 

§§  7  and  8.  The  house  of  representatives  shall  consist  of  three 
times  the  nnmber  of  the  members  of  the  senate,  and  the  term  of 
office  shall  be  two  years.  Three  representatives  shall  be  elected  in 
each  senatorial  district  at  the  general  election  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  seventy-two,  and  every  two 
years  thereafter.  In  all  elections  of  representatives  aforesaid,  each 
qualified  voter  may  cast  as  many  votes  for  one  candidate  as  there  are 
representatives  to  be  elected,  or  may  distribute  the  same,  or  equal 
parts  thereof,  among  the  candidates,  as  he  shall  see  fit ;  and  the  can- 
didates highest  in  votes  shall  be  declared  elected. 

TIME    or    MEETING    AND    GENERAL    RULES 

§  9.  The  sessions  of  the  general  assembly  shall  commence  at  twelve 
o'clock  noon,  on  the  Wednesday  next  after  the  first  Monday  in  Janu- 
ary, in  the  year  next  ensuing  the  election  of  members  thereof,  and  at 
no  other  time,  unless  as  provided  by  this  constitution.  A  majority 
of  the  members  elected  to  each  house  shall  constitute  a  quorum.  Each 
house  shall  determine  the  rules  of  its  proceedings,  and  be  the  judge 
of  the  election,  returns  and  qualifications  of  its  members ;  shall  choose 
its  own  officers;  and  the  senate  shall  choose  a  temporary  president 
to  preside  when  the  lieutenant  governor  shall  not  attend  as  president, 
or  shall  act  as  governor.  The  secretary  of  state  shall  call  the  house 
of  representatives  to  order  at  the  opening  of  each  new  assembly,  and 
preside  over  it  until  a  temporary  presiding  officer  thereof  shall  have 
been  chosen  and  shall  have  taken  his  seat.  No  member  shall  be 
expelled  by  either  house,  except  by  a  vote  of  two-thirds  of  all  the 
members  elected  to  that  house,  and  no  member  shall  be  twice  expelled 
for  the  same  offense.  Each  house  may  punish  by  imprisonment  any 
person  not  a  member  who  shall  be  guilty  of  disrespect  to  the  house 
by  disorderly  or  contemptuous  behavior  in  its  presence.  But  no  such 
imprisonment  shall  extend  beyond  twenty-four  hours  at  one  time, 
unless  the  person  shall  persist  in  such  disorderly  or  contemptuous 
behavior. 

§  10.  The  door  of  each  house  and  of  committees  of  the  whole  shall 
be  kept  open,  except  in  such  cases  as,  in  the  opinion  of  the  house, 
require  secrecy.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  two  days,  or  to  any  other  place  than 

«  The  provision  for  minority  i-epresentation  in  the  election  of  members  of  the 
house  of  representatives  was  introduced  in  the  convention  of  1870  and  cham- 
pioned by  the  late  .Joseph  Medill  of  Chicago.  ^Ir.  Medill's  real  purpose  in 
advocating  this  measure,  as  set  forth  in  a  letter  to  the  writer  shortly  before 
his  death,  was  to  destroy  the  sectional  feeling  that  then  prevailed  in  the  State. 
a  purpose  that  this  method  has  well  attained. 


I 


minois—1870  1019 

that  in  Avhicli  the  two  houses  shall  bo  sitting.  Each  house  shall  keep 
a  journal  of  its  proceedings,  which  shall  be  i^ublished.  In  the  sen- 
ate, at  the  request  of  two  members,  and  in  the  house,  at  the  request  of 
five  members,  the  yeas  and  nays  shall  be  taken  on  any  question,  and 
entered  upon  the  journal.  Any  two  members  of  either  house  shall 
have  liberty  to  dissent  from  and  protest,  in  resjjectful  language, 
against  any  act  or  resolution  which  they  think  injurious  to  the  public 
or  to  any  individual,  and  have  the  reasons  of  their  dissent  entered 
upon  the  journals. 

STYLE    OK    LAWS    AXD    PASSAGE    OF    BILLS 

§  11.  The  style  of  the  laws  of  this  State  shall  be:  "Be  it  enacted 
hy  the  People  of  the  State  of  Illinois^  represented  in  the  General 
Assembly. "' 

§  12.  Bills  ma}^  originate  in  either  house,  but  may  be  altered, 
amended  or  rejected  by  the  other;  and,  on  the  final  passage  of  all 
bills,  the  vote  shall  be  by  yeas  and  nays,  upon  each  bill  separately,  and 
shall  be  entered  upon  the  journal:  and  no  bill  shall  become  a  law 
without  the  concurrence  of  a  majority  of  the  members  elected  to  each 
house. 

§  13.  Every  bill  shall  be  read  at  large  on  three  dift'erent  days,  in 
each  house ;  and  the  bill  and  all  amendments  thereto  shall  be  printed 
before  the  vote  is  taken  on  its  final  passage;  and  every  bill,  having 
passed  both  houses,  shall  be  signed  by  the  speakers  thereof.  Xo  act 
hereafter  passed  shall  embrace  more  than  one  subject,  and  that  shall 
be  exj^ressed  in  the  title.  But  if  any  subject  shall  be  embi-aced  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  so  expressed ;  and  no  law 
shall  be  revived  or  amended  by  reference  to  its  title  only,  but  the  law 
revived,  or  the  section  amended,  shall  be  inserted  at  length  in  the  new 
act.  And  no  act  of  the  general  assembly  shall  take  effect  until  the 
first  day  of  July  next  after  its  passage,  unless,  in  case  of  emergency 
(which  emergency  shall  l)e  expressed  in  the  preamble  or  body  of  the 
act),  the  general  assembly  shall,  by  a  vote  of  two-thirds  of  all  the 
members  elected  to  each  house,  otherwise  direct. 

PRIVILEGES    AND    DISABILITIES 

§  14.  Senators  and  representatives  shall,  in  all  cases,  except  trea- 
son, felony  or  breach  of  the  peace,  be  privileged  from  arrest  during 
the  session  of  the  general  assembly,  and  in  going  to  and  returning 
from  the  same;  and  for  any  speech  or  debate  in  either  house,  they 
shall  not  be  questioned  in  any  other  i)lace. 

§  l.").  No  person  elected  to  the  general  assembly  shall  receive  any 
civil  appointment  within  this  State  from  the  governor,  the  governor 
and  senate,  or  from  the  general  assembly,  during  the  term  for  which 
he  shall  have  been  elected;  and  all  such  appointments,  and  all  votes 
given  for  any  such  members  for  any  such  office  or  ap])ointinent,  shall 
be  void;  nor  shall  any  member  of  the  general  assembly  be  interested, 
either  ^directly  or  indirectly,  in  any  contract  with  the  State,  or  any 
county  tliereof,  authorized  by  any  law  passed  during  the  term  for 
which  he  shall  have  been  elected,  or  within  one  year  after  the  expira 
tion  thereof. 

7252— VOL  2—07 10 


1020  Illinois— 1870 

PUBLIC    MONEYS    AND    APPROPRIATIONS 

§  16.  The  general  assembly  shall  make  no  appropriation  of  money 
out  of  the  treasury  in  any  private  law.  Bills  making  appropriations 
for  the  pay  of  members  and  officers  of  the  general  assembly,  and  for 
the  salaries  of  the  officers  of  the  government  shall  contain  no  pro- 
vision on  any  other  subject. 

§  17.  No  money  shall  be  drawn  from  the  treasury  except  in  pur- 
suance of  an  aj^propriation  made  by  law,  and  on  the  presentation  of 
a  warrant  issued  by  the  auditor  thereon;  and  no  money  shall  be 
diverted  from  any  appropriation  made  for  any  purpose,  or  taken 
from  any  fund  whatever,  either  by  joint  or  sejDarate  resolution.  The 
auditor  shall,  within  sixty  days  after  the  adjournment  of  each  session 
of  the  general  assembly,  prepare  and  publish  a  full  statement  of  all 
money  expended  at  such  session,  specifying  the  amount  of  each  item, 
and  to  whom  and  for  what  paid. 

§  18.  Each  general  assembly  shall  provide  for  all  the  appropria- 
tions necessary  for  the  ordinary  and  contingent  expenses  of  the 
government  until  the  expiration  of  the  first  fiscal  quarter  after  the 
adjournment  of  the  next  regular  session,  the  aggregate  amount  of 
which  shall  not  be  increased  without  a  vote  of  two-thirds  of  the 
members  elected  to  each  house,  nor  exceed  the  amount  of  revenue 
authorized  by  law  to  be  raised  in  such  time ;  and  all  appropriations, 
general  or  special,  requiring  money  to  be  paid  out  of  the  State  treas- 
ury, from  funds  belonging  to  the  State,  shall  end  with  such  fiscal 
quarter:  Provided^  the  State  may,  to  meet  casual  deficits  or  failures 
in  revenues,  contract  debts,  never  to  exceed  in  the  aggregate  two 
hundred  and  fifty  thousand  dollars;  and  moneys  thus  borrowed  shall 
be  applied  to  the  purpose  for  which  they  were  obtained,  or  to  pay  the 
debt  thus  created,  and  to  no  other  purpose;  and  no  other  debt,  except 
for  the  purpose  of  repelling  invasion,  suppressing  insurrection,  or 
defending  the  State  in  war  (for  payment  of  which  the  faith  of  the 
State  shall  be  pledged),  shall  be  contracted,  unless  the  law  authoriz- 
ing the  same  shall,  at  a  general  election,  have  been  submitted  to  the 
people  and  have  received  a  majority  of  the  votes  cast  for  members  of 
the  general  assembly  at  such  election.  The  general  assembly  shall 
provide  for  the  publication  of  said  law  for  three  months,  at  least, 
before  the  vote  of  the  people  shall  be  taken  upon  the  same ;  and  pro- 
vision shall  be  made,  at  the  time,  for  the  payment  of  the  interest 
annually,  as  it  shall  accrue,  by  a  tax  levied  for  the  purpose,  or  from 
other  sources  of  revenue;  which  law,  providing  for  the  payment  of 
such  interest  by  such  tax,  shall  be  irrepealable  until  such  debt  be 
paid;  And^  prorided  fin-thei\  that  the  law  levying  the  tax  shall  be 
submitted  to  the  people  with  the  law  authorizing  the  debt  to  be  con- 
tracted. 

§  19.  The  general  assembly  shall  never  grant  or  authorize  extra 
compensation,  fee  or  allowance  to  any  public  officer,  agent,  servant 
or  contractor,  after  service  has  been  rendered  or  a  contract  made,  nor 
authorize  the  payment  of  any  claim,  or  part  thereof,  hereafter  created 
against  the  State  under  any  agreement  or  contract  made  without  ex- 
press authority  of  law;  and  all  such  unauthorized  agreements  of  con- 
tracts shall  be  null  and  A'oid :  Prorided,  the  general  assembly  may 
make  appropriations  for  exjienditures  incurred  in  suppressing  insur- 
rection or  repelling  invasion. 


Illinois— 1870  1021 

§  20.  The  State  shall  never  pay,  assume  or  become  responsible  for 
the  debts  or  liabilities  of,  or  in  any  manner  give,  loan  or  extend  its 
credit  to,  or  in  aid  of,  any  public  or  other  corporation,  association 
or  individual. 

PAY    or    MEMBERS 

§  21.  The  members  of  the  general  assembly  shall  receive  for  their 
services  the  sum  of  five  dollars  per  day,  during  the  first  session  held 
under  this  constitution,  and  ten  cents  for  each  mile  necessarily 
traveled  in  going  to  and  returning  from  the  seat  of  government,  to  be 
computed  by  the  auditor  of  public  accounts;  and  thereafter  such 
compensation  as  shall  be  prescribed  by  law,  and  no  other  allowance 
or  emolument,  directly  or  indirectly,  for  any  purpose  whatever,  ex- 
cept the  sum  of  fifty  dollars  per  session  to  each  member,  which  shall 
be  in  full  for  postage,  stationery,  newspapers  and  all  other  incidental 
expenses  and  perquisites;  but  no  change  shall  be  made  in  the  com- 
pensation of  the  general  assembly  during  the  term  for  which  they 
may  have  been  elected.  The  pay  and  mileage  allowed  to  each  mem- 
ber of  the  general  assembly  shall  be  certified  by  the  speakers  of 
their  respective  houses,  and  entered  on  the  journals,  and  published 
at  the  close  of  each  session. 

SPECIAL    LEGISLATION    PROHIBITED 

§  22.  The  general  assembly  shall  not  pass  local  or  special  laws 
in  any  of  the  following  enumerated  cases,  that  is  to  say :  for — 

Granting  divorces ; 

Changing  the  names  of  persons  or  places ; 

Laying  out,  opening,  altering  and  working  roads  or  highways; 

Vacating  roads,  town  plats,  streets,  alleys,  and  public  grounds; 

Locating  or  changing  county  seats; 

Regulating  county  and  township  affairs; 

Regulating  the  practice  in  courts  of  justice; 

Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace, 
police  magistrates  and  constables ; 

Providing  for  changes  of  venue  in  civil  and  criminal  cases; 

Licorporating  cities,  towns  or  villages,  or  changing  or  amending 
the  charter  of  any  town,  city  or  village ; 

Providing  for  the  election  of  members  of  the  board  of  supervisors 
in  townships,  incorporated  towns  or  cities; 

Summoning  and  impaneling  grand  or  petit  juries; 

Providing  for  the  management  of  common  schools; 

Regulating  the  rate  of  interest  on  money ; 

The  opening  and  conducting  of  any  election,  or  designating  the 
place  of  voting; 

The  sale  or  mortgage  of  real  estate  belonging  to  minors  or  others 
under  disability ; 

The  protection  of  game  or  fish ; 

Chartering  or  licensing  ferries  or  toll  bridges; 

Remitting  fines,  penalties  or  forfeitures; 

Creating,  increasing,  or  decreasing  fees,  percentage  or  allowances 
of  public  officers,  during  the  term  for  which  said  officers  are  elected 
or  appointed; 

Changing  the  law  of  descent ; 


1022  Illinois— 1870 

Granting  to  any  corporation,  association,  or  individual,  the  right 
to  lay  down  railroad  tracks,  or  amending  existing  charters  for  such 
purposes. 

(xranting  to  any  corporation,  association  or  individual  any  special 
or  exclusive  privilege,  immunity  or  franchise  whatever; 

In  all  other  cases  Avhere  a  general  law  can  be  made  ap])licable,  no 
special  law"  shall  be  enacted. 

§  23.  The  general  assembly  shall  have  no  power  to  release  or 
extinguish,  in  whole  or  in  part,  the  indebtedness,  liability  or  obliga- 
tion of  any  corporation  or  individual  to  this  State  or  to  any  municipal 
corporation  therein, 

IMPEACHMENT 

§  24.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment ;  but  a  majority  of  all  the  members,  elected  must  con- 
cur therein.  All  impeachments  shall  be  tried  by  the  senate;  and 
when  sitting  for  that  purpose,  the  senators  shall  be  upon  oath  or 
affirmation  to  do  justice  according  to  law  and  evidence.  When  the 
governor  of  the  State  is  tried,  the.  chief  justice  shall  preside.  No 
person  shall  be  convicted  without  the  concurrence  of  two-thirds  of 
the  senators  elected.  But  judgment,  in  such  cases,  shall  not  extend 
further  than  removal  from  office,  and  disqualification  to  hold  any 
office  of  honor,  profit  or  trust  under  the  government  of  this  State. 
The  party,  whether  convicted  or  acquitted,  shall,  nevertheless,  be  lia- 
ble to  prosecution,  trial,  judgment  and  punishment  according  to  law. 

MISCELLANEOUS 

§  25.  The  general  assembly  shall  provide,  by  law,  that  the  fuel, 
stationery  and  printing  paper  furnished  for  the  use  of  the  State ;  the 
copying,  printing,  binding  and  distributing  the  laws  and  journals, 
and  all  other  printing  ordered  by  the  general  assembly,  shall  be  let 
by  contract  to  the  lowest  responsible  bidder;  but  the  general  assem- 
bly shall  fix  a  maximum  price;  and  no  member  thereof,  or  other 
officer  of  the  State,  shall  be  interested,  directly  or  indirectly,  in  such 
contract.  But  all  such  contracts  shall  be  subject  to  the  approval  of 
the  governor,  and  if  he  disapproves  the  same,  there  shall  be  a  re-let- 
ting of  the  contract,  in  such  manner  as  shall  be  prescribed  by  law. 

§  26.  The  State  of  Illinois  shall  never  be  made  defendant  in  any 
court  of  law^  or  equit3^ 

§  27.  The  general  assembl}^  shall  have  no  power  to  authorize  lot- 
teries or  gift  enterprises,  for  any  purpose,  and  shall  pass  laAvs  to 
prohibit  the  sale  of  lottery  or  gift  enterprise  tickets  in  this  State. 

§  28.  No  law  shall  be  passed  which  shall  operate  to  extend  the 
term  of  any  public  officer  after  his  election  or  appointment. 

§  29.  It  shall  be  the  duty  of  the  general  assembly  to  pass  such  laws 
as  may  be  necessary  for  the  protection  of  oj^erative  miners,  by  provid- 
ing for  ventilation,  when  the  same  may  be  required,  and  the  con- 
struction of  escapement  shafts,  or  such  other  appliances  as  may  secure 
safety  in  all  coal  mines,  and  to  provide  for  the  enforcement  of  said 
laws  by  such  penalties  and  punishment  as  may  be  deemed  proper. 

§  30.  The  general  assembly  may  provide  for  establishing  and  open- 
ing roads  and  cartways,  connected  with  a  public  road,  for  private  and 
public  use. 


Illinois— 1870  1023 

§  31."  The  general  assembty  may  pass  laws  permitting  the  owners 
of  land  to  construct  drains,  ditches  and  levees  for  agricultui'ftl,  sani- 
tary or  mining  purposes,  across  the  lands  of  others,  and  provide  for 
the  organization  of  drainage  districts,  and  vest  the  corporate  author- 
ities thereof  with  power  to  construct  and  maintain  levees,  drains  and 
ditches,  and  to  keep  in  repair  all  drains,  ditches  and  levees  heretofore 
constructed  under  the  laws  of  this  State,  by  special  assessments  upon 
the  property  benefited  thereby. 

§  32.  The  general  assembly  shall  pass  liberal  homestead  and 
exemption  laws. 

§  33.  The  general  assembly  shall  not  appropriate  out  of  the  State 
treasury,  or  expend  on  account  of  the  new  capitol  grounds,  and  con- 
struction, completion  and  furnishing  of  the  State  house,  a  sum  exceed- 
ing in  the  aggregate  three  and  a  half  millions  of  dollars,  inclusive  of 
all  appropriations  heretofore  made,  without  first  submitting  the 
proposition  for  an  additional  expenditure  to  the  legal  voters  of  the 
State  at  a  general  election ;  nor  unless  a  majority  of  all  the  votes  cast 
at  such  election  shall  be  for  the  proposed  additional  expenditure. 

Article  V 

EXECUTIVE   DEPARTMENT 

§  1.  The  executive  department  shall  consist  of  a  governor,  lieu- 
tenant governor,  secretary  of  state,  auditor  of  public  accounts,  treas- 
urer, superintendent  of  public  instruction  and  attorney  general,  who 
shall  each,  with  the  exception  of  the  treasurer,  hold  his  office  for  the 
term  of  four  years  from  the  second  Monday  of  January  next  after 
his  election  and  until  his  successor  is  elected  and  qualified.  They 
shall,  except  the  lieutenant  governor,  reside  at  the  seat  of  government 
during  their  term  of  office,  and  keep  the  public  records,  books  and 
papers  there,  and  shall  perform  such  duties  as  may  be  prescribed  by 
law. 

§  2.  The  treasurer  shall  hold  his  office  for  the  term  of  two  years, 
and  until  his  successor  is  elected  and  qualified ;  and  shall  be  ineligible 
to  said  office  for  two  years  next  after  the  end  of  the  term  for  which 
he  was  elected.  He  may  be  required  by  the  governor  to  give  reason- 
able additioruil  security,  and  in  default  of  so  doing  his  office  shall  be 
deemed  vacant. 

ELECTION 

§  3.  An  election  for  governor,  lieutenant  governor,  secretary  of 
state,  auditor  of  public  accounts  and  attorney  general  shall  be  held 
on  the  Tuesday  next  after  the  first  Monday  of  November,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventy-two,  and 
every  four  years  thereafter ;   for  superintendent  of  public  instruction, 

«As  modified  by  the  first  amendment  to  the  Constitution  of  1870.  The  joint 
resolution  was  adopted  by  the  Senate  March  \7i,  1877,  and  the  House  March  20, 
1877.  It  was  adopted  by  the  vote  of  the  People  November  .5,  1878,  and  pro- 
claimed ratified  November  29,  1878. 

This  section  as  originally  adopted  in  the  Constitution  of  1870  read  as  follows: 
"  Sec.   31.  The  general   assembly   may   pass   laws   permitting  the  owners   or 
occupants  of  land  to  construct  drains  and  ditches  for  agricultural  and  sanitary 
purposes  across  the  land  of  others." 


1024  Illinois— 1870 

on  the  Tuesday  next  after  the  first  Monday  of  November  in  the 
year  onfe  tliousand  eight  hundred  and  seventy,  and  every  four  years 
thereafter;  and  for  treasurer  on  the  day  last  above  mentioned,  and 
every  two  years  thereafter,  at  such  places  and  in  such  manner  as  may 
be  prescribed  by  law. 

!^  4.  The  returns  of  every  election  for  the  above  named  officers 
shall  be  sealed  up  and  transmitted  by  the  returning  officers  to  the 
secretary  of  state  directed  to  the  "  Speaker  of  the  house  of  represent- 
atives," who  shall,  immediately  after  the  organization  of  the  house, 
and  before  proceeding  to  other  business,  open  and  publish  the  same 
in  the  presence  of  a  majority  of  each  house  of  the  general  assembly, 
who  shall,  for  that  purpose,  assemble  in  the  hall  of  the  house  of  rep- 
resentatives. The  person  having  the  highest  number  of  votes  for 
either  of  said  offices  shall  be  declared  duly  elected  ;  but  if  two  or  more 
have  an  equal,  and  the  highest  number  of  votes,  the  general  assembly 
shall,  by  joint  ballot,  choose  one  of  such  persons  for  said  office.  Con- 
tested elections  for  all  of  said  offices  shall  be  determined  by  both 
houses  of  the  general  assembly,  by  joint  ballot,  in  such  manner  as  may 
be  prescribed  by  law. 

ELIGIBILITY 

§  5.  No  person  shall  be  eligible  to  the  office  of  governor  or  lieu- 
tenant governor  who  shall  not  have  attained  the  age  of  thirty  years, 
and  been,  for  five  years  next  preceding  his  election,  a  citizen  of  the 
United  States  and  of  this  State.  Neither  the  governor,  lieutenant 
governor,  auditor  of  public  accounts,  secretary  of  state,  superintend- 
ent of  public  instruction,  nor  attorney  general  shall  be  eligible  to  any 
other  office  during  the  period  for  which  he  shall  have  been  elected. 

GOVERNOR 

§  6.  The  supreme  executive  power  shall  be  vested  in  the  governor, 
who  shall  take  care  that  the  laws  be  faithfully  executed. 

§  7.  The  governor  shall,  at  the  commencement  of  each  session, 
and  at  the  close  of  his  term  of  office,  give  to  the  general  assembly 
information,  by  message,  of  the  condition  of  the  State,  and  shall 
recommend  such  measures  as  he  shall  deem  expedient.  He  shall 
account  to  the  general  assembly,  and  accompany  his  message  with  a 
statement  of  all  moneys  received  and  paid  out  by  him  from  any  funds 
subject  to  his  order,  with  vouchers,  and  at  the  commencement  of  each 
regular  session,  present  estimates  of  the  amount  of  money  required 
to  be  raised  by  taxation  for  all  purposes. 

§  8.  The  governor  may,  on  extraordinary  occasions,  convene  the 
general  assembly,  by  proclamation,  stating  therein  the  purpose  for 
which  they  are  convened,  and  the  general  assembly  shall  enter  upon 
no  business  except  that  for  which  they  were  called  together. 

§  9.  In  case  of  a  disagreement  between  the  two  houses  with  respect 
to  the  time  of  adjournment,  the  governor  may,  on  the  same  being 
certified  to  him  by  the  house  first  moving  the  adjournment,  adjourn 
the  general  assembly  to  such  time  as  he  thinks  proper,  not  beyond 
the  first  day  of  the  next  regular  session. 

§  10.  The  governor  shall  nominate,  and  by  and  with  the  advice 
and  consent  of  the  senate  (a  majority  of  all  the  senators  elected  con- 


Illinois— 1870  1025 

curring  by  yeas  and  nays) ,  appoint  all  officers  whose  offices  are  estab- 
lished by  this  constitution,  or  Avhich  may  be  created  by  law,  and 
whose  appointment  or  election  is  not  otherwise  provided  for;  and  no 
snch  officer  shall  be  appointed  or  elected  by  the  general  assembly. 

§  11.  In  case  of  a  vacancy,  during  the  recess  of  the  senate,  in  any 
office  which  is  not  elective,  the  governor  shall  make  a  temporary 
appointment  until  the  next  meeting  of  the  senate,  when  he  shall 
nominate  some  person  to  fill  such  office;  and  any  person  so  nominated 
who  is  confirmed  by  the  senate  (a  majority  of  all  the  senators  elected 
concurring  by  yeas  and  nays),  shall  hold  his  office  during  the  re- 
mainder of  the  term,  and  until  his  successor  shall  be  appointed  and 
qualified.  Xo  person,  after  being  rejected  b}'  the  senate,  shall  be 
again  nominated  for  the  same  office  at  the  same  session,  unless  at  the 
request  of  the  senate,  or  be  appointed  to  the  same  office  during  the 
recess  of  the  general  assembly. 

§  12.  The  governor  shall  have  power  to  remove  any  officer  whom 
he  may  appoint,  in  case  of  incompetency,  neglect  of  duty  or  malfea- 
sance in  office ;  and  he  may  declare  his  office  vacant  and  fill  the  same 
as  is  herein  provided  in  other  cases  of  vacancy. 

§  13.  The  governor  shall  have  power  to  grant  reprieves,  commuta- 
tions and  pardons,  after  conviction,  for  all  offenses,  subject  to  such 
regidations  as  ma}^  be  provided  by  law  relative  to  the  manner  of 
applying  therefor. 

§  14.  The  governor  shall  be  commander-in-chief  of  the  military 
and  naval  forces  of  the  State  (except  when  they  shall  be  called  into 
the  service  of  the  United  States),  and  may  call  out  the  same  to  exe- 
cute the  laws,  suppress  insurrection  and  repel  invasion. 

§  15,  The  governor  and  all  civil  officers  of  the  State  shall  be  liable 
to  impeachment  for  any  misdemeanor  in  office, 

VETO  " 

§  IG,  Every  bill  passed  by  the  general  assembly  shall,  before  it 
becomes  a  law,  be  presented  to  the  governor.  If  he  approve,  he 
shall  sign  it,  and  thereupon  it  shall  become  a  law ;  but  if  he  do  not 
approve,  he  shall  return  it,  with  his  objections,  to  the  house  in  which 
it  shall  have  originated,  which  house  shall  enter  the  objections  at 
large  upon  its  journal  and  proceed  to  reconsider  the  bill.  If  then 
two-thirds  of  the  members  elected  agree  to  pass  the  same,  it  shall  be 
sent,  together  with  the  objections,  to  the  other  house,  by  which  it 
shall  likewise  be  reconsidered;  and  if  approved  by  two-thirds  of  the 
members  elected  to  that  house,  it  shall  become  a  law,  notwithstand- 
ing the  objections  of  the  governor;  but  in  all  such  cases  the  vote  of 
each  house  shall  be  determined  by  yeas  and  nays,  to  be  entered  upon 
the  journal.  *  Bills  making  appropriations  of  money  out  of  the 
treasury  shall  specify  the  objects  and  purposes  for  which  the  same 
are  made,  and  appropriate  to  them  respectively  their  several  amounts 

"As  inoflified  by  the  third  amendinont  to  the  constitution  of  1S70.  The  anieud- 
inent  was  proposed  by  the  joint  resolution  of  the  Thirty-third  General  Assembly 
(L.  188;?,  p.  186),  ratified  by  the  vote  of  the  people  November  4,  1884,  and  pro- 
claimed adopted  November  L'8.  1884. 

The  amendment  is  practically  the  original  section  with  the  addition  of  the 

paragraphs  between  the  asterisks  (* *)  and  the  substitution  of  the  italicized 

word  upon  for  the  original  word  "  on." 


1026  Illi7iois—1870 

in  distinct  items  and  sections.  And  if  tlie  governor  shall  not  ap- 
prove any  one  or  more  of  the  items  or  sections  contained  in  any  bill, 
bnt  shall  approve  the  residue  thereof,  it  shall  become  a  law,  as  to 
the  residue,  in  like  manner  as  if  he  had  signed  it.  The  governor 
shall  then  return  the  bill,  with  his  objections  to  the  items  or  sections 
of  the  same  not  approved  by  him,  to  the  house  in  which  the  bill  shall 
have  originated,  which  house  shall  enter  the  objections  at  large  upon 
its  journal,  and  proceed  to  reconsider  so  much  of  said  bill  as  is  not 
approved  by  the  governor.  The  same  proceedings  shall  be  had  in 
both  houses  in  reconsidering  the  same  as  is  hereinbefore  provided 
in  case  of  an  entire  bill  returned  by  the  governor  with  his  objections; 
and  if  any  item  or  section  of  said  bill  not  approved  by  the  governor 
shall  be  passed  b}^  two-thirds  of  the  members  elected  to  each  of  the 
two  houses  of  the  general  assembly,  it  shall  become  part  of  said  law^, 
notwithstanding  the  objections  of  the  governor.*  Any  bill  which 
shall  not  be  returned  by  the  governor  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  shall  become  a 
law^  in  like  manner  as  if  he  had  signed  it,  unless  the  general  assembly 
shall  by  their  adjournment  prevent  its  return,  in  which  case  it  shall 
be  filed  with  his  objections  in  the  office  of  the  secretary  of  state, 
within  ten  days  after  such  adjournment,  or  become  a  law. 

LIEUTENANT    GOVERNOR 

§  17.  In  case  of  the  death,  conviction  on  impeachment,  failure 
to  qualify,  resignation,  absence  from  the  State,  or  other  disability  of 
the  governor,  the  poAvers,  duties  and  emoluments  of  the  office  for  the 
residue  of  the  term,  or  until  the  disability  shall  be  removed,  shall 
devolve  up(m  the  lieutenant  governor. 

§  18.  The  lieutenant  governor  shall  be  president  of  the  senate,  and 
shall  vote  only  Avhen  the  senate  is  equally  divided.  The  senate  shall 
choose  a  president,  p7'o  tempore^  to  preside  in  case  of  the  absence  or 
impeachment  of  the  lieutenant  governor,  or  when  he  shall  hold  the 
office  of  governor. 

§  li).  If  there  be  no  lieutenant  governor,  or  if  the  lieutenant  gov- 
ernor shall,  for  any  of  the  causes  specified  in  section  seventeen  of  this 
article,  become  incapable  of  performing  the  duties  of  the  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  named  causes,  shall  become  incapable  of  per- 
forming the  duties  of  governor,  the  same  shall  devolve  upon  the 
speaker  of  the  house  of  representatives. 

OTHER   STATE   OFFICERS 

§  20.  If  the  office  of  auditor  of  public  accounts,  treasurer,  secretary 
of  state,  attorney  general,  or  superintendent  of  public  instruction 
shall  be  vacated  by  death,  resignation  or  otherwise,  it  shall  be  the 
duty  of  the  governor  to  fill  the  same  by  appointment,  and  the 
appointee  shall  hold  his  office  until  his  successor  shall  be  elected  and 
qualified  in  such  manner  as  may  be  provided  by  law.  An  account 
shall  be  kept  b}'  the  officers  of  the  executive  department,  and  of  all 


Illinois— 1870  1027 

the  public  institutions  of  the  State,  of  all  moneys  received  or  dis- 
bursed by  them,  severally,  from  all  sources,  and  for  every  service 
performed,  and  a  semi-annual  report  thereof  be  made  to  the  gov- 
ernor, under  oath;  and  any  officer  who  makes  a  false  report  shall  be 
guilty  of  perjury,  and  punished  accordingly. 

§  21.  The  officers  of  the  executive  department,  and  of  all  the  pub- 
lic institutions  of  the  State,  shall,  at  least  ten  days  preceding  each 
regular  session  of  the  general  assembl}^,  severally  report  to  the  gov- 
ernor, Avho  shall  transmit  such  reports  to  the  general  assembly,  to- 
gether with  the  reports  of  the  judges  of  the  supreme  court  of  defects 
in  the  constitution  and  laws;  and  the  governor  may  at  any  time 
require  information,  in  writing,  under  oath,  from  the  officers  of  the 
executive  department,  and  all  officers  and  managers  of  State  institu- 
tions, upon  any  subject  relating  to  the  condition,  management  and 
expenses  of  their  respective  offices. 

THE  HEAL  OF  STATE 

§  22.  There  shall  be  a  seal  of  the  State,  which  shall  be  called  the 
"  Great  Seal  of  the  State  of  Illinois,"  which  shall  be  kept  by  the 
secretary  of  state,  and  used  by  him,  officially,  as  directed  by  law. 

FEES  AND   SALARIES 

§  23.  The  officers  named  in  this  article  shall  receive  for  their  serv- 
ices a  salary,  to  be  established  by  law,  wdiich  shall  not  be  increased 
or  diminish  during  their  official  terms,  and  they  shall  not,  after 
the  expiration  of  the  terms  of  those  in  office  at  the  adoption  of  this 
constitution,  receive  to  their  own  use  any  fees,  costs,  perquisites  of 
office,  or  other  compensation.  And  all  fees  that  may  hereafter  be  pay- 
able by  law  for  any  services  performed  by  any  officer  provided  for 
in  this  article  of  the  constitution,  shall  be  paid  in  advance  into  the 
State  treasury. 

DEFINITION  AND  OATH  OF  OFFICE 

§  24.  An  office  rs  a  public  position  created  by  the  constitution'  or 
law,  continuing  during  the  pleasure  of  the  api:)ointing  power,  or  for 
a  fixed  time,  with  a  successor  elected  or  appointed.  An  employment 
is  an  agency,  for  a  temporary  purjjose,  which  ceases  when  that  pur- 
pose is  accomplished. 

§  25.  All  civil  officers,  except  members  of  the  general  assembly  and 
such  inferior  officers  as  may  be  by  law  exempted,  shall,  before  they 
enter  on  the  duties  of  their  respective  offices,  take  and  subscribe  the 
following  oath  or  affirmation  : 

"  I  do  solenmly  swear  (or  affirm,  as  the  case  may  be)  that  I  Avill 
support  the  Constitution  of  the  United  States,  and  the  Constitution 
of  the  State  of  Illinois,  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. 


1028  Illinois— 1870 

Article  VI 

JUDICIAL    DEPARTMENT 

§  1.  The  judicial  powers,  except  as  in  this  article  is  otherwise  pro- 
vided, shall  be  vested  in  one  supreme  court,  circuit  courts,  county 
courts,  justices  of  the  peace,  police  magistrates,  and  in  such  courts  as 
may  be  created  by  law  in  and  for  cities  and  incorporated  towns. 

SUPREME    COURT 

§  2.  The  supreme  court  shall  consist  of  seven  judges,  and  shall  have 
original  jurisdiction  in  cases  relating  to  the  revenue,  in  mandamus 
and  haheas  corpus^  and  appellate  jurisdiction  in  all  other  cases.  One 
of  said  judges  shall  be  chief  justice;  four  shall  constitute  a  quorum, 
and  the  concurrence  of  four  shall  be  necessary  to  every  decision. 

§  3.  No  i^erson  shall  be  eligible  to  the  office  of  judge  of  the  supreme 
court  unless  he  shall  be  at  least  thirty  years  of  age,  and  a  citizen  of 
the  United  States,  nor  unless  he  shall  have  resided  in  this  State  five 
years  next  preceding  his  election,  and  be  a  resident  of  the  district  in 
which  he  shall  be  elected. 

§  4.  Terms  of  the  supreme  court  shall  continue  to  be  held  in  the 
present  grand  divisions  at  the  several  places  now  provided  for  hold- 
ing the  same ;  and  until  otherwise  provided  by  law,  one  or  more  terms 
of  said  court  shall  be  held,  for  the  northern  division,  in  the  City  of 
Chicago  each  year,  at  such  times  as  said  court  may  appoint,  whenever 
said  city  or  the  County  of  Cook  shall  provide  appropriate  rooms 
therefor,  and  the  use  of  a  suitable  library,  without  expense  to  the 
State.  The  judicial  divisions  may  be  altered,  increased  or  diminished 
in  number,  and  the  times  and  places  of  holding  said  court  may  be 
changed  by  law. 

§  5.  The  present  grand  divisions  shall  be  preserved,  and  be  denom- 
inated Southern,  Central  and  Northern,  until  otherwise  provided  by 
law.  The  State  shall  be  divided  into  seven  districts  tor  the  election 
of  judges,  and,  until  otherwise  provided  by  law,  they  shall  be  as 
follows : 

First  District. — The  counties  of  St.  Clair,  Clinton,  Washington, 
Jefferson,  Wajaie,  Edwards,  Wabash,  White,  Hamilton,  Franklin, 
Perry,  Randolph,  Monroe,  Jackson,  Williamson,  Saline,  Gallatin, 
Hardin,  Pope,  Union,  Johnson,  Alexander,  Pulaski  and  Massac. 

Second  District. — The  counties  of  Madison,  Bond,  Marion,  Clay, 
Richland,  Lawrence,  Crawford,  Jasper,  Effingham,  Fayette,  Mont- 
gomery, Macoupin,  Shelby,  Cumberland,  Clark,  Greene,  Jersey,  Cal- 
houn and  Christian. 

Third  District. — The  counties  of  Sangamon,  Macon,  Logan,  De 
Witt,  Piatt,  Douglas,  Champaign,  Vermilion,  McLean,  Livingston, 
Ford,  Iroquois,  Coles,  Edgar,  Moultrie  and  Tazewell. 

Fourth  District. — The  counties  of  Fulton,  McDonough,  Hancock, 
Schuyler,  Brown,  Adams,  Pike,  Mason,  Menard,  Morgan,  Cass  and 
Scott. 

Fifth  Distinct. — The  counties  of  Knox,  Warren,  Henderson,  Mercer, 
Henry,  Stark,  Peoria,  Marshall,  Putnam,  Bureau,  La  Salle,  Grundy 
and  Woodford. 


Illinois— 1870  1029 

Sixth  District. — The  counties  of  AVhiteside,  Carroll.  Jo  Daviess, 
Stephenson,  Winnebago,  Boone.  McHenry,  Kane,  Kendall,  De  Kalb, 
Lee,  Ogle,  and  Rock  Island. 

Seventh  District. — The  counties  of  Lake,  Cook,  Will,  Kankakee  and 
DuPage. 

The  boundaries  of  the  districts  may  be  changed  at  the  session  of 
the  general  assembly  next  preceding  the  election  for  judges  therein, 
and  at  no  other  time;  but  whenever  such  alterations  shall  be  made 
the  same  shall  be  upon  the  rule  of  equality  of  population,  as  nearly 
as  county  boundaries  will  allow,  and  the  districts  shall  be  composed 
of  contiguous  counties,  in  as  nearly  compact  form  as  circumstances 
will  permit.  The  alteration  of  the  districts  shall  not  affect  the  tenure 
of  office  of  any  judge. 

§  6.  At  the  time  of  voting  on  the  adoption  of  this  constitution, 
one  judge  of  the  supreme  court  shall  be  elected  by  the  electors  thereof, 
in  each  of  said  districts  numbered  two,  three,  six  and  seven,  who 
shall  hold  his  office  for  the  term  of  nine  years  from  the  first  IMonday 
of  June,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
seventy.  The  term  of  office  of  judges  of  the  supreme  court,  elected 
after  the  adoption  of  this  constitution,  shall  be  nine  years;  and  on 
the  first  Monday  of  June  of  the  year  in  which  the  term  of  any  of  the 
judges  in  office  at  the  adoption  of  this  constitution,  or  of  the  judges 
then  elected,  shall  expire,  and  every  nine  years  thereafter,  there  shall 
be  an  election  for  the  successor  or  successors  of  such  judges  in  the 
respective  districts  wherein  the  term  of  such  judges  shall  expire. 
The  chief  justice  shall  continue  to  act  as  such  until  the  expiration  of 
the  term  for  which  he  was  elected,  after  which  the  judges  shall  choose 
one  of  their  number  chief  justice. 

§  7.  From  and  after  the  adoption  of  this  constitution,  the  judges  of 
the  supreme  court  shall  each  receive  a  salary  of  four  thousand  dollars 
per  annum,  payable  quarterly,  until  otherwise  provided  by  law.  And 
after  said  salaries  shall  be  fixed  by  law,  the  salaries  of  the  judges  in 
office  shall  not  be  increased  or  diminished  during  the  terms  for  which 
said  judges  shall  have  been  elected. 

§  8.  Appeals  and  writs  of  error  may  be  taken  to  the  supreme  court 
held  in  the  grand  division  in  which  the  case  is  decided,  or,  by  consent 
of  the  parties,  to  any  other  grand  division. 

§  9.  The  supreme  court  shall  appoint  one  reporter  of  its  decisions, 
who  shall  hold  his  office  for  six  years,  subject  to  removal  by  the  court. 

§  10.  At  the  time  of  the  election  of  representatives  in  the  general 
assembly,  happening  next  preceding  the  expiration  of  the  terms  of 
office  of  the  present  clerks  of  said  court,  one  clerk  of  said  court  for 
each  division  shall  be  elected,  whose  term  of  office  shall  be  six  years 
from  said  election,  but  who  shall  not  enter  upon  the  duties  of  his 
office  until  the  expiration  of  the  term  of  his  predecessor,  and  every 
six  years  thereafter  one  clerk  of  said  court  for  each  division  shall  be 
elected. 

APPELLATE    COURTS 

§  11.  After  the  year  of  our  Lord  one  thousand  eight  hundred  and 
seventy-four,  inferior  appellate  courts,  of  uniform  organization  and 
jurisdiction,  may  be  created  in  districts  formed  for  that  purpose,  to 
which  such  appeals  and  writs  of  error  as  the  general  assembly  may 


1030  Illinois— 1870 

provide,  may  be  prosecuted  from  circuit  and  other  courts,  and  from 
which  appejils  and  writs  of  error  shall  lie  to  the  supreme  court,  in  all 
criminal  cases,  and  cases  in  which  a  franchise,  or  freehold,  or  the 
validity  of  a  statute  is  involved,  and  in  such  other  cases  as  may  be 
provided  by  law.  Such  appellate  courts  shall  be  held  by  such  number 
of  judges  of  the  circuit  courts,  and  at  such  times  and  places,  and  in 
such  manner  as  may  be  provided  by  law;  but  no  judge  shall  sit  in 
review  upon  cases  decided  by  him;  nor  shall  said  judges  receive  any 
additional  compensation  for  such  services. 

CIRCUIT  COURTS 

§  12.  The  circuit  courts  shall  have  original  jurisdiction  of  all  causes 
in  law  and  equity,  and  such  appellate  jurisdiction  as  is  or  may  be 
provided  by  law,  and  shall  hold  two  or  more  terms  each  year  in  every 
county.  The  terms  of  office  of  judges  of  circuit  courts  shall  be  six 
years. 

§  13.  The  State,  exclusive  of  the  County  of  Cook  and  other  counties 
having  a  population  of  one  hundred  thousand,  shall  be  divided  into 
judicial  circuits,  prior  to  the  expiration  of  the  terms  of  office  of  the 
present  judges  of  the  circuit  courts.  Such  circuits  shall  be  formed 
of  contiguous  counties,  in  as  nearly  compact  form  and  as  nearly  equal 
as  circumstances  will  permit,  having  due  regard  to  business,  territory 
and  population,  and  shall  not  exceed  in  number  one  circuit  for  every 
one  hundred  thousand  of  population  of  the  State.  One  judge  shall 
be  elected  for  each  of  said  circuits  by  the  electors  thereof.  New 
circuits  may  be  formed  and  the  boundaries  of  circuits  changed  by 
the  general  assembly,  at  its  session  next  preceding  the  election  for 
circuit  judges,  but  at  no  other  time:  Provided  that  the  circuits  may 
be  equalized  or  changecl  at  the  first  session  of  the  general  assembly 
after  the  adoption  of  this  constitution.  The  creation,  alteration  or 
change  of  any  circuit  shall  not  atfect  the  tenure  of  office  of  any  judge. 
Whenever  the  business  of  the  circuit  court  of  any  one,  or  of  two  or 
more  contiguous  counties,  containing  a  population  exceeding  fifty 
thousand,  shall  occupy  nine  months  of  the  year,  the  general  assembly 
may  make  of  such  county,  or  counties,  a  separate  circuit.  "Wlienever 
additional  circuits  are  created,  the  foregoing  limitations  shall  be 
observed. 

§  14.  The  general  assembly  shall  provide  for  the  times  of  holding 
court  in  each  county;  which  shall  not  be  changed,  except  by  the 
general  assembly  next  preceding  the  general  election  for  judges  of 
said  courts;  but  additional  terms  may  be  provided  for  in  any  county. 
The  election  for  judges  of  the  circuit  courts  shall  be  held  on  the  first 
Monday  in  June,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  seventy-three,  and  every  six  years  thereafter. 

§  15.  The  general  assembly  may  divide  the  State  into  judicial  cir- 
cuits of  greater  population  and  territory,  in  lieu  of  the  circuits  pro- 
vided for  in  section  thirteen  of  this  article,  and  provide  for  the  elec- 
tion therein,  seA'erally,  by  the  electors  thereof,  by  general  ticket,  of 
not  exceeding  four  judges,  who  shall  hold  the  circuit  courts  in  the 
circuit  for  which  they  shall  be  elected,  in  such  manner  as  may  be  pro- 
vided by  law. 

§  16.  From  and  after  the  adoption  of  this  constitution,  judges 
of  the  circuit  courts  shall  receive  a  salary  of  three  thousand  dollars 


Illinois— 1870  1031 

per  annum,  payable  quarterly,  until  otherwise  provided  by  law,  and 
after  their  salaries  shall  be  fixed  by  law  they  shall  not  be  increased 
or  diminished  during  the  terms  for  which  said  judges  shall  be, 
respectively,  elected;  and  from  and  after  the  adoption  of  this  con- 
stitution, no  judge  of  the  supreme  or  circuit  court  shall  receive  any 
other  compensation,  perquisite  or  benefit,  in  any  form  whatsoever, 
nor  perform  any  other  than  judicial  duties  to  which  may  belong  any 
emoluments. 

§  17.  Xo  i^erson  shall  be  eligible  to  the  office  of  judge  of  the  cir- 
cuit or  any  inferior  court,  or  to  membership  in  the  "  board  of  county 
commissioners,"  unless  he  shall  be  at  least  twent^'-five  3"ears  of  age 
and  a  citizen  of  the  United  States,  nor  unless  he  shall  have  resided 
.in  this  State  five  years  next  preceding  his  election,  and  be  a  resident 
.-ef  the  circuit,  county,  city,  cities,  or  incorporated  town  in  which  he 
shall  be  elected. 

COUNTY  COURTS 

§  18.  There  shall  be  elected  in  and  for  each  county  one  county  judge 
and  one  clerk  of  the  county  court,  whose  terms  of  office  shall  be  four 
years.  But  the  general  assembly  may  create  districts  of  two  or  more 
contiguous  counties,  in  each  of  which  shall  be  elected  one  judge,  who 
shall  take  the  place  of  and  exercise  the  powers  and  jurisdiction  of 
county  judges  in  such  districts.  County  courts  shall  be  courts  of 
record,  and  shall  have  original  jurisdiction  in  all  matters  of  probate, 
settlement  of  estates  of  deceased  j^ersons,  appointment  of  guardians 
and  conservators  and  settlements  of  their  accounts,  in  all  matters 
relating  to  apprentices,  and  in  proceedings  for  the  collection  of 
taxes  and  assessments,  and  such  other  jurisdiction  as  may  be  provided 
for  by  general  law. 

§  19.  Appeals  and  writs  of  error  shall  be  allowed  from  final  deter- 
minations of  county  courts,  as  may  be  provided  by  law. 

PROBATE    COURTS 

§  20.  The  general  assembly  may  provide  for  the  establishment  of 
a  probate  court  in  each  county  having  a  population  of  over  fifty 
thousand,  and  for  the  election  of  a  judge  thereof,  whose  term  of  office 
shall  be  the  same  as  that  of  the  county  judge,  and  wiio  shall  be 
elected  at  the  same  time  and  in  the  same  manner.  Said  courts,  when 
established,  shall  have  original  jurisdiction  of  all  probate  matters,  the 
settlement  of  estates  of  deceased  persons,  the  appointment  of  guard- 
ians and  conservators,  and  settlements  of  their  accounts;  in  all  mat- 
ters relating  to  apprentices,  and  in  cases  of  sales  of  real  estate  of 
deceased  persons  for  the  payment  of  debts. 

JUSTICES   or    THE    PEACE    AND    CONSTABLES 

§  21.  Justices  of  the  peace,  police  magistrates  and  constables  shall 
be  elected  in  and  for  such  districts  as  are,  or  may  be.  provided  by  law, 
and  the  jurisdiction  of  such  justices  of  the  peace  and  police  magis- 
trates shall  be  uniform. 

STATE'S    ATTORNEYS 

§  22.  At  the  election  for  members  of  the  general  assembly  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventj^-two,  and 


1082  Illinois— 1870 

every  four  years  thereafter,  there  shall  be  elected  a  State's  attorney 
in  and  for  each  county,  in  lien  of  the  State's  attorneys  now  provided 
by  law,  whose  terms  of  office  shall  be  four  years. 

COURTS    OF    COOK    COUNTY 

§  23.  The  County  of  Cook  shall  be  one  judicial  circuit.  The  cir- 
cuit court  of  Cook  county  shall  consist  of  five  judges,  until  their 
number  shall  be  increased  as  herein  provided.  The  present  judge  of 
the  recorder's  court  of  the  City  of  Chicago,  and  the  present  judge  of 
the  circuit  court  of  Cook  county,  shall  be  two  of  said  judges,  and 
shall  remain  in  office  for  the  terms  for  which  they  were  respectively 
elected,  and  until  their  successors  shall  be  elected  and  qualified.  The 
superior  court  of  Chicago  shall  be  continued,  and  called  the  "  Superior 
Court  of  Cook  County."  The  general  assembly  may  increase  the 
number  of  said  judges,  by  adding  one  to  either  of  said  courts  for 
every  additional  fifty  thousand  inhabitants  in  said  county  over  and 
above  a  population  of  four  hundred  thousand.  The  terms  of  office  of 
the  judges  of  said  courts,  hereafter  elected,  shall  be  six  years. 

§  24.  The  judge  having  the  shortest  unexpired  term  shall  be  chief 
justice  of  the  court  of  which  he  is  a  judge.  In  case  there  are  two  or 
more  wdiose  terms  expire  at  the  same  time,  it  may  be  determined  by 
lot  which  shall  be  chief  justice.  Any  judge  of  either  of  said  courts 
shall  have  all  the  powers  of  a  circuit  judge,  and  may  hold  the  court 
of  which  he  is  a  member.  Each  of  them  may  hold  a  different  branch 
thereof  at  the  same  time.  • 

§  25.  The  judges  of  the  superior  and  circuit  courts,  and  the  State's 
attorney,  in  said  county,  shall  receive  the  same  salaries,  payable  out 
of  the  State  treasury,  as  is  or  may  be  paid  from  said  treasury  to  the 
circuit  judges  and  State's  attorneys  of  the  State,  and  such  further 
compensation,  to  be  paid  by  the  County  of  Cook,  as  is  or  may  be  pro- 
vided by  law.  Such  compensation  shall  not  be  changed  during  their 
continuance  in  office. 

§  26.  The  recorder's  court  of  the  city  of  Chicago  shall  be  continued, 
and  shall  be  called  the  "  Criminal  Court  of  Cook  County."  It  shall 
have  the  jurisdiction  of  a  circuit  court  in  all  cases  of  criminal  and 
qiiasi  criminal  nature,  arising  in  the  county  of  Cook,  or  that  may  be 
brought  before  said  court  pursuant  to  law ;  and  all  recognizances  and 
appeals  taken  in  said  county,  in  criminal  and  quasi  criminal  cases, 
shall  be  returnable  and  taken  to  said  court.  It  shall  have  no  juris- 
diction in  civil  cases,  except  in  those  on  behalf  of  the  people,  and  in- 
cident to  such  criminal  or  quasi  criminal  matters,  and  to  dispose  of 
unfinished  business.  The  terms  of  said  criminal  court  of  Cook  county 
shall  be  held  by  one  or  more  of  the  judges  of  the  circuit  or  su- 
perior court  of  Cook  county,  as  nearly  as  may  be  in  alternation,  as 
may  be  determined  by  said  judges,  or  provided  by  law.  Said  judges 
shall  be  ex  oificio  judges  of  said  court. 

§  27.  The  present  clerk  of  the  recorder's  court  of  the  city  of  Chi- 
cago shall  be  the  clerk  of  the  criminal  court  of  Cook  county  during 
the  term  for  wdiich  he  was  elected.  The  present  clerks  of  the  supe- 
rior court  of  Chicago,  and  the  present  clerk  of  the  circuit  court  of 
Cook  county,  shall  continue  in  office  during  the  terms  for  which  they 


Illinois— 1870  1033 

were  respectively  elected ;  and  thereafter  there  shall  be  but  one  clerk 
of  the  superior  court,  to  be  elected  by  the  qualified  electors  of  said 
county,  who  shall  hold  his  office  for  the  term  of  four  years,  and  until 
his  successor  is  elected  and  qualified. 

§  28.  All  justices  of  the  peace  of  the  city  of  Chicago  shall  be  ap- 
pointed by  the  governor,  by  and  with  the  advice  and  consent  of  the 
senate  (but  only  upon  the  recommendation  of  a  majority  of  the  judges 
of  the  circuit,  superior  and  county  courts),  and  for  such  districts  as 
are  now  or  shall  hereafter  be  provided  by  law.  They  shall  hold  their 
offices  for  four  years,  and  until  their  successors  have  been  commis- 
sioned and  qualified,  but  they  may  be  removed  by  summary  proceed- 
ing in  the  circuit  or  superior  court,  for  extortion  or  other  malfeasance. 
Existing  justices  of  the  peace  and  police  magistrates  may  hold  their 
offices  until  the  expiration  of  their  respective  terms. 

GENERAL   PROVISIONS 

§  29.  All  judicial  officers  shall  be  commissioned  by  the  governor. 
All  laws  relating  to  courts  shall  be  general  and  of  uniform  operation ; 
and  the  organization,  jurisdiction,  powers,  proceedings  and  practice 
of  all  courts  of  the  same  class  or  grade,  so  far  as  regulated  by  law, 
and  the  force  and  effect  of  the  process,  judgments  and  decrees  of 
such  courts,  severally,  shall  be  uniform. 

§  30.  The  general  assembly  may,  for  cause  entered  on  the  journals, 
upon  due  notice  and  opportunity  of  defense,  remove  from  office  any 
judge,  upon  concurrence  of  three-fourths  of  all  the  members  elected, 
of  each  house.  All  other  officers  in  this  article  mentioned  shall  be 
removed  from  office  on  prosecution  and  final  conviction  for  misde- 
meanor in  office. 

§  31.  All  judges  of  courts  of  record,  inferior  to  the  supreme  court, 
shall,  on  or  before  the  first  day  of  June  of  each  year,  report  in 
writing  to  the  judges  of  the  supreme  court  such  defects  and  omis- 
sions in  the  laws  as  their  experience  may  suggest;  and  the  judges  of 
the  supreme  court  shall,  on  or  before  the  first  day  of  January  of  each 
year,  report  in  writing  to  the  governor  such  defects  and  omissions  in 
the  constitution  and  laws  as  they  may  find  to  exist,  together  with 
appropriate  forms  of  bills  to  cure  such  defects  and  omissions  in  the 
laws.  And  the  judges  of  the  several  circuit  courts  shall  report  to 
the  next  general  assembly  the  number  of  days  they  have  held  court 
in  the  several  counties  composing  their  respective  circuits,  the  pre- 
ceding two  years. 

§  32.  All  officers  provided  for  in  this  article  shall  hold  their  offices 
until  their  successors  shall  be  qualified,  and  they  shall,  respectively, 
reside  in  the  division,  circuit,  county  or  district  for  which  they  may 
be  elected  or  appointed.  The  terms  of  office  of  all  such  officers,  where 
not  otherwise  prescribed  in  this  article,  shall  be  four  years.  All 
officers,  where  not  otherwise  provided  for  in  this  article,  shall  perform 
such  duties  and  receive  such  compensation  as  is  or  may  be  provided 
by  law.  Vacancies  in  such  elective  offices  shall  be  filled  by  election; 
but  where  the  unexpired  term  does  not  exceed  one  year  the  vacancy 
shall  be  filled  by  appointment,  as  follows:     Of  judges,  by  the  gov- 


1034  Illinois— 1870 

crnor;  of  clerks  of  courts,  by  the  court  to  Avhicli  the  office  appertains, 
or  by  the  judge  or  judges  thereof;  and  of  all  such  other  offices,  bj^  the 
board  of  supervisors,  or  board  of  county  commissioners,  in  the  county 
where  the  vacancy  occurs. 

§  33.  All  process  shall  run :  In  the  name  of  the  People  of  the  State 
of  Illinois;  and  all  prosecutions  shall  be  carried  on:  ///  the  name  and 
hy  the  authonty  of  the  People  of  the  State  of  Illinois;  and  conclude: 
Against  the  peace  and  dignity  of  the  same.  "  Poj)ulation,"  wherever 
used  in  this  article,  shall  be  determined  by  the  next  preceding  census 
of  this  State,  or  of  the  United  States. 

ARTICLE    VII 
SUFFRAGE  " 

§  1.  Every  person  having  resided  in  this  State  one  year,  in  the 
county  ninety  days  and  in  the  election  district  thirty  days  next  pre- 
ceding any  election  therein,  who  was  an  elector  in  this  State  on  the 
first  day  of  April,  in  the  year  of  our  Lord,  one  thousand  eight  hun- 
dred and  forty-eight,  or  obtained  a  certificate  of  naturalization,  be- 
fore any  court  of  record  in  this  State,  prior  to  the  first  day  of  Janu- 
ary, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy, 
or  who  shall  be  a  male  citizen  of  the  United  States,  above  the  age  of 
twenty-one  years,  shall  be  entitled  to  vote  at  such  election. 

§  2.  All  votes  shall  be  by  ballot. 

§  3.  Electors  shall,  in  all  cases  except  treason,  felony  or  breach  of 
the  peace,  be  privileged  from  arrest  during  their  attendance  at  elec- 
tions and  in  going  to  and  returning  from  the  same.  And  no  elector 
shall  be  required  to  do  military  duty  on  the  days  of  election,  except 
in  time  of  war  or  public  danger. 

§  4.  No  elector  shall  be  deemed  to  have  lost  his  residence  in  this 
State  by  reason  of  his  absence  on  business  of  the  United  States  or  of 
this  State,  or  in  the  military  or  naval  service  of  the  United  States. 

§  5.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the 
United  States  shall  be  deemed  a  resident  of  this  State  in  consequence 
of  being  stationed  therein. 

§  6.  No  person  shall  be  elected  or  appointed  to  any  office  in  this 
State,  civil  or  military,  who  is  not  a  citizen  of  the  United  States,  and 
who  shall  not  have  resided  in  this  State  one  year  next  preceding  the 
election  or  appointment. 

§  7.  The  general  assembly  shall  pass  laws  excluding  from  the  right 
of  suffrage  persons  convicted  of  infamous  crimes. 

oThis  article  is  practically  the  same  as  the  corresponding  article  in  the  con- 
stitutiou  of  1848  except  the  tirst  section,  which  in  the  earlier  constitution 
restricted  the  suffrage  to  white  male  citizens  above  the  age  of  twenty-one  years, 
w-ho  had  resided  in  the  State  one  year. 


Illinois— 1870  1035 

AirntLE  VIII 

EDUCATIOX  " 

§  1.  The  general  assembly  shall  provide  a  thorough  and  efficient 
system  of  free  schools  Avhereb}^  all  children  of  this  State  may  receive 
a  good  common  school  education. 

§  2.  All  lands,  moneys  or  other  jDroperty.  donated,  granted  or  re- 
ceived for  school,  college,  seminary  or  university  purposes,  and  the 
proceeds  thereof,  shall  be  faithfully  applied  to  the  objects  for  which 
such  gifts  or  grants  Avere  made. 

§  3.  Neither  the  general  assembly  nor  any  county,  city,  town, 
township,  school  district  or  other  public  corporation  shall  ever  make 
any  appropriation  or  j)ay  from  any  public  fund  whatever,  anything 
iu  aid  of  any  church  or  sectarian  purpose,  or  to  help  support  or  sus- 
tain an}'  school,  academy,  seminary,  college,  university  or  other 
literary  or  scientific  institution,  controlled  l)v  any  church  or  sectarian 
denomination  whatever;  nor  shall  any  grant  or  donation  of  land, 
money  or  other  personal  property  ever  be  made  by  the  State  or  any 
such  public  corporation  to  any  church  or  for  any  sectarian  purpose. 

§  4.  No  teacher.  State,  county,  township  or  district  school  officer 
shall  be  interested  in  the  sale,  proceeds  or  profits  of  any  book,  ap- 
l)aratus  or  furniture,  used  or  to  be  used  in  any  school  in  this  State, 
with  which  such  officer  or  teacher  may  be  connected,  under  such 
})enalties  as  may  be  provided  by  the  general  assembly. 

§  5.  There  may  be  a  county  suj^erintendent  of  schools  in  each 
county,  Avhose  qualifications,  powers,  duties,  compensation  and  time 
and  manner  of  election  and  term  of  office  shall  be  prescribed  by  law. 

Article  IX 

REVENUE 

§  1.  Tlic  general  assembly  shall  provide  such  revenue  as  may 
be  needful  by  levying  a  tax,  by  valuation,  so  that  every  person  and 
corporation  shall  pay  a  tax  in  proportion  to  the  value  of  his,  her 
or  its  property — such  value  to  be  ascertained  by  some  person  or 
j)ersons  to  be  elected  or  appointed  in  such  manner  as  the  general 
assembly  shall  direct,  and  not  otherwise;  but  the  general  assembly 
shall  have  power  to  tax  peddlers,  auctioneers,  brokers,  hawkers, 
merchants,  commission  merchants,  showmen,  jugglers,  inn-keepers, 

a  Section  six  of  the  Enabling  Act  of  Congress  of  April  18,  1818  (3  U.  S.  Stat- 
utes at  Large.  428),  provided  that  the  section  numbered  sixteen  iu  every  towu- 
sliip  or  its  eijuivalent  should  be  granted  to  the  State  for  the  use  of  the 
iniiabitants  of  sueh  townshi]),  tor  the  use  of  schools:  a  pro])ositiou  that  was 
accepted  l).v  the  constitutional  convention  and  gave  the  State  (he  right  to  such 
uuuibered  section  of  every  township.  It  was  also  pirovided  that  three  per  cent 
of  the  net  proceeds  of  all  lan<ls  lying  within  the  State  sold  by  Congress  after 
January  1,  1819.  should  be  appropriated  by  the  Legislature  of  the  State  for  the 
encouragement  of  learning,  one-sixth  of  which  was  to  be  exclusively  l)estowed  on 
a  college  or  university.  T^nfortunately  for  the  State,  the  lands  disposed  of  bv 
the  United  States  in  satisfaction  of  military  land  warrants  were  held  to  be 
excluded  from  this  provision  (  110  V.  S..  471).  so  that  u])  to  lS!)r>  the  State  had 
realized  from  this  source  for  the  permanent  school  fund  only  about  one  hundred 
and  fifty  thousand  dollars. 

7252— VOL  2—07 11 


1()3()  mmou—1870 

i>j'ocorv-koopcrs,  liqiior-dcalers,  toll-bridges,  ferries,  insurance,  tele- 
graph and  ex|)ress  interests  or  business,  venders  of  i)atents  and  i)er- 
sons  or  corporations  owning  or  using  franchises  and  ])rivileges,  in 
such  manner  as  it  shall  from  time  to  time  direct  by  general  law, 
uniform  as  to  the  class  upon  which  it  operates. 

§  2.  The  specification  of  the  objects  and  subjects  of  taxation  shall 
not  deprive  the  general  assembly  of  the  power  to  require  other  sub- 
jects or  objects  to  be  taxed,  in  such  manner  as  may  be  consistent  Avitli 
the  ])rinciples  of  taxation  fixed  in  this  constitution. 

^  8.  The  property  of  the  State,  counties,  and  other  municipal  cor- 
porations, both  real  and  personal,  and  such  other  property  as  may  be 
used  exclusively  for  agricultural  and  horticultural  societies,  for 
Kchool,  religious,  cemetery  and  charitable  purposes,  may  be  exempted 
from  taxation ;  but  such  exemption  shall  be  only  by  general  law.  In 
the  assessment  of  real  estate  incumbered  by  public  easement,  any 
depreciation  occasioned  by  such  easement  may  be  deducted  in  the 
valuation  of  such  property. 

§  4.  The  general  assembly  shall  provide,  in  all  cases  where  it  may 
be  necessary  to  sell  real  estate  for  the  non-payment  of  taxes  or  special 
assessments,  for  State,  county,  municipal,  or  other  i)urposes,  that  a 
return  of  such  unpaid  taxes  or  assessments  shall  be  made  to  some 
general  officer  of  the  county  having  authority  to  receive  State  and 
county  taxes;  and  there  shall  be  no  sale  of  said  property  for  any 
of  said  taxes  or  assessments  but  by  said  officer,  upon  the  order  or 
judgment  of  some  court  of  record. 

§  5.  The  right  of  redemption  from  all  sales  of  real  estate  for  the 
non-payment  of  taxes  or  special  assessments  of  any  character  what- 
ever, shall  exist  in  favor  of  owners  and  persons  interested  in  such 
real  estate  for  a  period  of  not  less  than  two  years  from  such  sales 
thereof.  And  the  general  assembly  shall  provide,  by  law,  for  rea- 
sonable notice  to  be  given  to  the  owners  or  parties  interested,  by 
publication  or  otherwise,  of  the  fact  of  the  sale  of  the  property  for 
such  taxes  or  assessments,  and  when  the  time  of  redemption  shall 
expire:  Provided^  that  occupants  shall  in  all  cases  be  served  with 
personal  notice  before  the  time  of  redemption  expires. 

§  6.  The  general  assembly  shall  have  no  power  to  release  or  dis- 
charge any  county,  city,  township,  town  or  district  whatever,  or  the 
inhabitants  thereof,  or  the  property  therein,  from  their  or  its  propor- 
tionate share  of  taxes  to  be  levied  for  State  purposes,  nor  shall  com- 
mutation for  such  taxes  be  authorized  in  any  form  whatsoever. 

§  7.  All  taxes  levied  for  State  purposes  shall  be  paid  into  the  State 
treasury. 

§  8.  County  authorities  shall  never  assess  taxes  the  aggregate  of 
which  shall  exceed  seventy-five  cents  per  one  hundred  dollars  valua- 
tion, except  for  the  payment  of  indebtedness  existing  at  the  adoption 
of  this  constitution,  unless  authorized  by  a  vote  of  the  people  of  the 
county. 

§  9.  The  general  assembly  may  vest  the  corporate  authorities  of 
cities,  towais  and  villages  Avith  power  to  make  local  improvements  by 
special  assessment  or  by  special  taxation  of  contiguous  property,  or 
otherwise.  For  all  other  corporate  })urposes.  all  nnuiicipal  corpora- 
tions may  be  vested  wdth  authority  to  asscbb  and  collect  taxes;  but 


Illinois— 1870  1037 

such  taxes  shall  be  uniform  in  respect  to  persons  and  property  within 
the  jurisdiction  of  the  body  imposing  the  same. 

§  10.  The  general  assembly  shall  not  impose  taxes  upon  municipal 
corporations,  or  the  inhabitants  or  property  thereof,  for  corj^orate 
purj^oses,  but  shall  require  that  all  the  taxable  property  within  the 
limits  of  municipal  corporations  shall  l)e  taxed  for  the  payment  of 
debts  contracted  under  authority  of  law,  such  taxes  to  be  uniform  in 
respect  to  persons  and  property  within  the  jurisdiction  of  the  body 
imposing  the  same.  Private  property  shall  not  be  liable  to  l)e  taken 
or  sold  for  the  payment  of  the  corporate  debts  of  a  municipal  cor- 
poration. 

§  11.  No  person  who  is  in  default,  as  collector  or  custodian  of 
money  or  property  belonging  to  a  municipal  corporation,  shall  be 
eligible  to  any  office  in  or  under  such  corporation.  The  fees,  salary 
or  compensation  of  no  municipal  officer  who  is  elected  or  appointed 
for  a  defiidte  term  of  office  shall  be  increased  or  diminished  during 
such  term. 

§  12.  Xo  county,  cit3%  township,  school  district,  or  other  municipal 
corporation  shall  be  allowed  to  become  indebted  in  any  manner  or 
for  any  purpose  to  an  amount,  including  existing  indebtedness  in  the 
aggregate  exceeding  five  per  centum  on  the  value  of  the  taxable  prop- 
erty therein,  to  be  ascertained  by  the  last  assessment  for  State  and 
county  taxes  previous  to  the  incurring  of  such  indebtedness.  Any 
county,  city,  school  district,  or  other  municipal  corporation  incurring 
any  indebtedness  as  aforesaid,  shall  before,  or  at  the  time  of  doing 
so,  provide  for  the  collection  of  a  direct  annual  tax  sufficient  to  pay 
the  interest  on  such  debt  as  it  falls  due,  and  also  to  pay  and  dis- 
charge the  principal  thereof  within  twenty  years  from  the  time  of 
contracting  the  same.  This  section  shall  not  be  construed  to  prevent 
any  county,  city,  township,  school  district,  or  other  municipal  cor- 
poration, from  issuing  their  bonds  in  compliance  with  aiiy  vote  of 
the  peo])Ie  which  may  have  been  had  prior  to  the  adoption  of  this 
constitution  in  pursuance  of  any  law  providing  therefor. 

§  13.  The  corporate  authorities  of  the  city  of  Chicago,  are  hereby 
authorized  to  issue  interest-bearing  bonds  of  said  city  to  an  amount 
not  exceeding  five  million  dollars,  at  a  rate  of  interest  not  to  exceed 
five  per  centum  per  annum,  the  principal  payable  within  thirty  years 
from  the  date  of  their  issue,  and  the  proceeds  thereof  shall  be  paid  to 
tlie  treasurer  of  the  World's  Columbian  Exposition,  and  used  and 
disbursed  by  him  under  the  direction  and  control  of  the  directors,  in 
aid  of  the  World's  Columbian  Exposition,  to  be  held  in  the  city  of 
Chicago,  in  pursuance  of  an  act  of  Congress  of  the  United  States. 

Prodded^  That  if  at  the  election  for  the  adoption  of  this  amend- 
ment to  the  constitution,  a  majority  of  the  votes  cast  within  tlie  limits 
of  the  city  of  Chicago,  shall  be  against  its  adoption,  then  no  bonds 
shall  be  issued  under  this  amendment. 

And  said  corporate  authorities  shall  be  repaid  as  large  a  propor- 
tionate amount  of  the  aid  given  by  them  as  is  repaid  to  the  stock- 
holders on  the  sums  subscribed  and  ])aid  by  them,  and  the  money  so 
received  shall  be  used  in  the  redemption  of  the  bonds  issued  as  afore- 
said, provided  that  said  authorities  may  take  in  whole  oi'  in  ])ai't  of 


1038  lUwois—lS'W 

the  sum  coming  to  thoiii  any  periuiiuciil  iinpioNcincnts  placed  <»ii  land 
held  or  controlled  by  them. 

And,  provided  further,  That  no  .such  indebtedness  so  created  shall 
in  any  part  thereof  be  paid  by  the  State,  or  from  any  State  revenue. 
tax  or  fund,  but  the  same  shall  be  paid  by  the  said  city  of  Chicago 
alone.** 

xVnTIt'LE    X 
COUNTIES 

Section  1.  No  new  county  shall  be  formed  or  established  by  the 
general  assembly  which  will  reduce  the  county  or  counties,  or  either 
of  them,  from  which  it  shall  be  taken  to  less  contents  than  four  hun- 
dred square  miles;  nor  shall  any  county  be  formed  of  less  contents; 
nor  shall  any  line  thereof  pass  within  less  than  ten  miles  of  any 
.comity  seat  of  the  county  or  counties  proposed  to  be  divided, 

§  2.  No  county  shall  be  divided,  or  have  any  part  stricken  there- 
from, without  submitting  the  question  to  a  vote  of  the  peo])le  of  the 
county,  nor  unless  a  majority  of  all  the  legal  voters  of  the  county 
voting  on  the  question  shall  vote  for  the  same. 

§  3.  There  shall  be  no  territory  stricken  from  any  county,  unless 
a  majority  of  the  voters  living  in  such  territory  shall  petition  for 
such  division ;  and  no  territory  shall  be  added  to  any  county  without 
the  consent  of  the  majority  of  the  voters  of  the  county  to  which  it 
is  proposed  to  be  added.  But  the  portion  so  stricken  off  and  added 
to  another  county,  or  formed  in  whole  or  in  part  into  a  ii(>w  county, 
shall  be  holden  for,  and  obliged  to  pay  its  proportion  of,  the  indebt- 
edness of  the  county  from  which  it  has  been  taken. 

COUNTY    SEATS 

§  4.  No  county  seat  shall  be  removed  until  the  point  to  which  it 
is  proposed  to  be  removed  shall  be  fixed  in  pursuance  of  law.  and 
three-fifths  of  the  voters  of  the  county,  to  be  ascertained  in  such 
manner  as  shall  be  provided  by  general  law,  shall  have  voted  in  favor 
of  its  removal  to  such  point ;  and  no  person  shall  vote  on  snch  ques- 
tion who  has  not  resided  in  the  county  six  months,  and  in  the  elec- 
tion precinct  ninety  days  next  preceding  such  election.  The  ques- 
tion of  the  removal  of  a  county  seat  shall  not  l')e  oftener  submitted 
than  once  in  ten  years,  to  a  vote  of  the  peo])le.  But  when  an  attempt 
is  made  to  remove  a  county  seat  to  a  point  nearer  to  the  center  of  a 
county,  then  a  majority  vote  only  shall  be  necessaiy. 

COUNTY    GOVERNMENT 

§  5.  The  general  assembly  shall  provide,  b}^  general  law.  for 
townshij)  organization,  under  which  any  county  may  organize  when- 
ever a  majority  of  the  legal  voters  of  such  county,  voting  at  any  gen- 
eral election,  shall  so  determine;    and  whenever  any  county  shall 


"This  added  section  was  proposed  by  the  General  Assembly  at  the  special  ses- 
sion, 1S!»0,  ratified  by  a  vote  of  the  people  November  4th.  1800.  and  at  snch 
election  a  majority  of  the  votes  cast  within  the  limits  of  the  city  of  Chicago 
were  (-ast  in  favor  of  its  adoption  and  it  was  proclaimed  adopted  by  the  Gov- 
ernor. 


mwoU—1870  1039 

adopt  loAvnship  org;anization,  so  much  of  this  const itiitioii  as  \)Vo- 
vides  for  the  maiiagenieiit  of  the  iiscal  concerns  of  the  said  connty 
bv  the  board  of  county  conunissioners,  may  be  dispensed  with,  and 
the  atl'airs  of  said  county  may  be  transacted  in  such  manner  as  the 
general  assembly  may  provide.  And  in  any  county  that  shall  have 
adopted  a  township  organization,  the  question  of  continuing-  the 
same  may  be  submitted  to  a  vote  of  the  electors  of  such  county,  at  a 
general  election,  in  the  manner  that  now  is  or  may  be  provided  by 
law;  and  if  a  nuijority  of  all  the  votes  cast  upon  that  question  shall 
be  against  township  organization,  then  such  organization  shall  cease 
in  said  county;  and  all  laws  in  force  in  relation  to  counties  not  hav- 
ing township  organization,  shall  immediately  take  effect  and  be  in 
force  in  such  county.  No  two  townships  shall  have  the  same  name, 
and  the  day  of  holding  the  annual  township  meeting  shall  be  uniform 
throughout  the  State. 

§  (>.  At  the  first  election  of  county  judges  under  this  constitution, 
there  shall  be  elected  in  each  of  the  counties  in  tliis  State,  not  under 
township  organization,  three  officers,  who  shall  be  styled,  "  The  board 
of  county  commissioners,"  who  shall  hold  sessions  for  the  transac- 
tion of  county  business  as  shall  be  provided  by  law.  One  of  said  com- 
missioners shall  hold  his  office  for  one  year,  one  for  two  years,  and 
one  for  three  years,  to  be  determined  by  lot ;  and  every  year  there- 
after one  such  officer  shall  be  elected  in  each  of  said  counties  for  the 
term  of  three  years. 

§  7.  The  county  affairs  of  Cook  county  shall  be  managed  by  a 
board  of  Commissioners  of  fifteen  persons,  ten  of  whom  shall  be 
elected  from  the  city  of  Chicago  and  five  from  towns  outside  of  said 
city,  in  such  manner  as  may  be  provided  by  law. 

COUNTY   OFFICERS    AND    THEIR    COMPENSATION  "' 

§  S.  In  each  count}^  there  shall  be  elected  the  following  county 
officers,  at  the  general  election  to  be  held  on  the  Tuesday  after  tlie 
first  Monday  in  November,  A.  D.  1882;  A  county  judge,  county 
clerk,  sheriff'  and  treasurer,  and  at  the  election  to  be  held  on  the  Tues- 
day after  the  first  Monday  in  November,  A.  D.  1884,  a  coroner  and 
(^lerk  of  the  circuit  court  (who  may  be  ex  ofjicio  recorder  of  deeds, 
except  in  counties  having  (*)0,000  and  more  inhabitants,  in  which 
counties  a  recorder  of  deeds  shall  be  elected  at  the  general  election 
in  1884),     Each  of  said  officers  shall  enter  upon  the  duties  of  his 

o  As  modified  by  the  second  amendineut  to  the  Constitution  of  ISTO.  Tlio 
joint  resolution  was  adopted  by  tlie  Senate  March  4,  1871>,  and  by  the  House 
May  22.  1870.  It  was  adopted  by  the  vote  of  the  people  November  2,  188U,  and 
l)roclaimed  ratified  November  22.  1880. 
The  section  as  originally  adopted  in  the  Constitution  of  1870  read  as  follows: 
"  Section  8.  In  each  county  there  shall  be  elected  the  followini^  county  officers: 
County  .ind.ue.  sheriff,  county  clerk,  clerk  of  the  circuit  court  (who  may  be  e.i- 
oflicli)  ri'corder  of  deeds,  except  in  counties  having  sixty  thousand  and  moi'c 
inhaliitants,  in  which  counties  a  recorder  of  deeds  shall  be  elected  at  the  gen- 
eral election  in  the  year  of  our  Lord  1872).  treasurer,  surveyor  and  coroner, 
each  of  whom  shall  enter  upon  the  duties  of  his  office,  respectivel.v,  on  the  first 
IMonday  of  December  after  their  election;  and  they  shall  hold  their  respective 
offices  for  the  term  of  four  years,  except  the  treasurer,  sheriff  and  coroner, 
who  slinll  hold  their  offices  for  two  years,  and  mil  11  tlicii-  successors  shall  lie 
elected  and  (|iialilic(l." 


1040  niinois—isrn 

office,  respoctivoly,  on  the  first  Monday  of  Dccembor  after  his  elec- 
tion, and  they  shall  hold  (heir  respe(;tive  offices  for  the  term  of  four 
years,  and  until  their  successors  are  elected  and  (jualified:  Prorided^ 
that  no  person  ha  vino-  once  been  elected  to  the  office  of  sheriff  or 
treasurer,  shall  be  eli<>ible  to  re-election  to  said  office  for  four  years 
after  the  expiration  of  the  term  for  which  he  shall  have  been  elected. 

§  9.  The  clerks  of  all  courts  of  record,  the  treasurer,  sheriff,  cor- 
oner and  recorder  of  deeds  of  Cook  county,  shall  receive  as  their 
only  compensation  for  their  services,  salaries  to  be  fixed  b}^  law, 
which  shall  in  no  case  be  as  much  as  the  lawful  compensation  of  a 
judge  of  the  circuit  court  of  said  county  and  shall  be  paid,  respec- 
tivel3%  only  out  of  the  fees  of  the  office  actually  collected.  All  fees, 
perquisites  and  emoluments  (above  the  amount  of  said  salaries)  shall 
be  paid  into  the  county  treasury.  The  number  of  the  deputies  and 
assistants  of  such  officers  shall  be  determined  by  rule  of  the  circuit 
court,  to  be  entered  of  record,  and  their  compensation  shall  be  deter- 
mined by  the  county  board. 

§  10.  The  county  board,  except  as  provided  in  section  nine  of 
this  article,  shall  fix  the  compensation  of  all  county  officers,  with  the 
amount  of  their  necessary  clerk  hire,  stationery,  fuel  and  other 
expenses,  and  in  all  cases  where  fees  are  provided  for.  said  compen- 
sation shall  be  paid  only  out  of,  and  shall  in  no  instance  exceed,  the 
fees  actualh'  collected ;  they  shall  not  allow  either  of  them  more  per 
annum  than  fifteen  hundred  dollars,  in  counties  not  exceeding  twenty 
thousand  inhabitants;  two  thousand  dollars,  in  counties  containing 
twenty  thousand  and  not  exceeding  thirty  thousand  inhabitants; 
twenty-five  hundred  dollars,  in  counties  containing  thirty  thousand 
and  not  exceeding  fifty  thousand  inhabitants;  three  thousand  dollars, 
in  counties  containing  fifty  thousand  and  not  exceeding  seventy 
thousand  inhabitants;  thirty-five  hundred  dollars,  in  counties  con- 
taining seventy  thousand  and  not  exceeding  one  hundred  thousand 
inhabitants;  and  four  thousand  dollars,  in  counties  containing  over 
one  hundred  thousand,  and  not  exceeding  two  hundred  and  fifty 
thousand  inhabitants ;  and  not  more  than  one  thousand  dollars  addi- 
tional compensation  for  each  additional  one  hundred  thousand  in- 
habitants: Provided^  that  the  compensation  of  no  officer  shall  be 
increased  or  diminished  during  his  term  of  office.  All  fees  or  allow- 
ances by  them  received,  in  excess  of  their  said  compensation,  shall 
be  paid  into  the  county  treasury. 

§  11.  The  fees  of  township  officers,  and  of  each  class  of  county 
officers,  shall  be  uniform  in  the  class  of  counties  to  which  they 
respectively  belong.  The  compensation  herein  provided  for  shall 
apply  only  to  officers  hereafter  elected,  but  all  fees  established  by 
special  laws  shall  cease  at  the  adoption  of  this  constitution,  and  such 
officers  shall  receive  only  such  fees  as  are  provided  by  general  law. 

§  12.  All  laws  fixing  the  fees  of  State,  county  and  township  officers. 
shall  terminate  with  the  terms  respectively  of  those  who  may  be  in 
office  at  the  meeting  of  the  first  general  assembly  after  the  adoption 
of  this  constitution;  and  the  general  assembly  shall,  by  general  law, 
uniform  in  its  operation,  provide  for  and  regulate  the  fees  of  said 
officers  and  their  successors,  so  as  to  reduce  the  same  to  a  reasonable 
compensation  for  services  actually  rendered.  But  the  general  assem- 
bly may,  by  general  law,  classify  the  counties  by  population  into 


minois—1870  1041 

not  more  than  tliree  classes,  and  regulate  the  fees  areording  to  class. 
This  article  shall  not  be  construed  as  depriving  the  general  assembly 
of  the  power  to  reduce  the  fees  of  existing  officers. 

§  13.  Every  person  who  is  elected  or  appointed  to  any  office  in  this 
State,  who  shall  be  paid  in  whole  or  in  ]^art  by  fees,  shall  be  i-equired 
])y  law  to  make  a  semi-annual  report,  under  oath,  to  some  officer  to  be 
designated  by  law,  of  all  his  fees  and  emoluments. 

Article  XI 

CORPORATIONS 

§  1.  No  corporation  shall  be  created  by  special  laws,  or  its  charter 
extended,  changed  or  amended,  except  those  for  charitable,  educa- 
lional,  penal  or  reformatory  purposes,  which  are  to  be  and  remain 
under  the  j^atronage  and  control  of  the  State,  but  the  general  assem- 
bly shall  provide,  by  general  laws,  for  the  organization  of  all  corpora- 
tions hereafter  to  be  created. 

§  2.  All  existing  charters  or  grants  of  special  or  exclusive  privi- 
leges, under  which  organization  shall  not  have  taken  place,  or  which 
shall  not  have  been  in  operation  Avithin  ten  days  from  the  time  this 
constitution  takes  effect,  shall  thereafter  have  no  validity  or  effect 
whatever. 

§  3.  The  general  assembly  shall  provide,  by  laAV,  that  in  all  elections 
for  directors  or  managers  of  incorporated  companies,  every  stock- 
holder shall  have  the  right  to  vote,  in  person  or  by  proxy,  for  the 
munber  of  shares  of  stock  owned  by  him,  for  as  many  persons  as  there 
are  directors  or  managers  to  be  elected,  or  to  cumulate  said  shares, 
and  give  one  candidate  as  many  votes  as  the  number  of  directors 
multiplied  by  the  number  of  his  shares  of  stock  shall  equal,  or  to  dis- 
ti'il)ute  them  on  the  same  principle  among  as  many  candidates  as  he 
shall  think  fit;  and  such  directors  or  managers  shall  not  be  elected  in 
any  other  manner. 

§  4.  No  law  shall  be  passed  by  the  general  assembly  granting  the 
right  to  construct  and  operate  a  street  railroad  within  any  city,  town 
or  incorporated  village,  without  requiring  the  consent  of  the  local 
authorities  having  the  control  of  the  street  or  highway  proposed  to 
be  occupied  by  such  street  railroad. 

BANKS 

§  5.  No  State  bank  shall  hereafter  be  created,  nor  shall  the  State 
own  or  be  liable  for  any  stock  in  any  cori)()ration  or  joint  stock  com- 
pany or  association  for  banking  purj)oses  now  created,  or  to  be  here- 
after created.  No  act  of  the  general  assembly  authorizing  or  creating 
corporations  or  associations  with  banking  powers,  Avhether  of  issue, 
de])osit  or  discount,  nor  amendments  thereto,  shall  go  into  effect  or 
in  any  manner  l)e  in  force,  unless  the  same  shall  be  submitted  to  a 
vote  of  the  i)eople  at  the  general  election  next  succeeding  the  passage 
of  the  same,  and  be  apj^roved  by  a  majority  of  all  the  votes  cast  at 
such  election  for  or  against  such  law. 

v^  (').  I-Cvery  stockholder  in  a  banking  cori)()ration  or  institution 
shall    be    individually    responsible   and    liable   to    its   creditors,   over 


1042  Illinois— 1870 

and  al)0\o  (ho  amount  of  slock  l)y  liini  or  licr  hold,  to  an  amonnt  o.qiial 
to  his  or  her  raspccliNc  shares  so  hchl,  for  all  its  liabilities  accriiin<i' 
Avhile  he  oi*  she  lenuiins  such  stockholdei'. 

§  7.  The  snsj)ensi()n  of  specie  })aynients  by  banking  institutions, 
on  their  circulation,  created  by  the  laws  of  this  State,  shall  never  b;' 
l>erniitted  or  sanctioned.  P]very  banking  association  now.  or  which 
may  hereafter  be,  organized  under  the  laws  of  this  State,  shall  make 
and  publish  a  full  and  accurate  quarterly  statement  of  its  afl'airs 
(which  shall  be  certified  to,  under  oath,  by  one  or  more  of  its  officers) 
as  may  be  provided  by  law. 

§  8.  If  a  general  banking  law  shall  be  enacted,  it  shall  provide 
for  the  registry  and  countersigning,  by  an  officer  of  State,  of  all  bills 
or  i)aper  credit  designed  to  circulate  as  money,  and  require  security, 
to  the  full  amount  thereof,  to  be  deposited  with  the  state  treasurer, 
in  United  States  or  Illinois  State  stocks,  to  be  rated  at  ten  per  cent 
below  their  par  value;  and  in  case  of  a  depreciation  of  said  stocks  to 
the  amount  of  ten  per  cent  below  par,  the  bank  or  banks  owning 
said  stocks  shall  be  required  to  make  up  said  deficiency  by  deposit- 
ing additional  stocks.  And  said  law  shall  also  jn-ovide  for  the  re- 
cording of  the  names  of  all  stockholders  in  such  corporations,  the 
amount  of  stock  held  by  each,  the  time  of  any  transfer  thereof,  and 
to  whom  such  transfer  is  made. 

RAlI.KOAnS 

§  0.  Every  railroad  corporation  organized  or  doing  business  in  this 
State,  under  the  laws  or  authority  thereof,  shall  have  and  maintain  a 
public  office  or  place  in  this  State  for  the  transaction  of  its  business, 
where  transfers  of  stock  shall  be  made,  and  in  Avhich  shall  be  kept, 
for  public  insj^ection,  books  in  which  shall  be  recorded  the  amount 
of  ca])ital  stock  subscribed,  and  by  whom ;  the  names  of  the  owners 
of  its  stock,  and  the  amounts  owned  by  them  respectively ;  the  amount 
of  stock  i)aid  in,  and  by  whom;  the  transfers  of  said  stock:  the 
amount  of  its  assets  and  liabilities,  and  the  names  and  ])lace  of  resi- 
dence of  its  officers.  The  directors  of  every  railroad  corjioration  shall 
annually  make  a  report,  under  oath,  to  the  auditor  of  public  accounts, 
or  some  officer  to  be  designated  by  law,  of  all  their  acts  and  doings, 
which  report  shall  include  such  matters  relating  to  railroads  as  may 
be  prescribed  by  law.  And  the  general  assembly  shall  pass  laws  en- 
forcing by  suital)le  penalties  the  provisions  of  this  section. 

i^  10.  The  rolling  stock,  and  all  other  movable  property  l)elonging 
to  any  railroad  company  or  corporation  in  this  State,  shall  be  con- 
sidered personal  property,  and  shall  be  liable  to  execution  and  sale 
in  the  same  manner  as  the  personal  property  of  individuals,  and  the 
general  assembly  shall  pass  no  law  exempting  any  such  property 
from  execution  and  sale. 

§  11.  No  railroad  corporation  shall  consolidate  its  stock,  property 
or  franchises  with  any  other  railroad  corporation  owning  a  parallel 
or  competing  line;  and  in  no  case  shall  any  consolidation  take  jilace 
except  ui)on  public  notice  given,  of  at  least  sixty  days,  to  all  stock- 
holders, in  such  manner  as  may  be  provided  by  law.  A  majority  of 
the  directors  of  any  railroad  corporation,  now  incorporated  or  here- 
after to  be  incorporated  by  the  laws  of  this  State,  shall  be  citizens 
and  residents  of  this  State. 


Illinois— 1870  1043 

^  12.  TJaihvnys  licrotoforo  constructed  or  that  may  licrcalicr  1m' 
constructed  in  this  State,  are  hereby  dechired  j)ublic  hijrhways,  aiTd 
shall  be  free  to  all  persons  for  the  transportation  of  their  })ersons 
and  proi^erty  thereon,  under  such  regulations  as  may  be  prescribed 
by  law.  And  the  general  assembly  shall,  from  time  to  time,  pass 
laws  establishing  reasonable  maximum  rates  of  charges  for  the  trans- 
portation of  passengers  and  freight  on  the  different  railroads  in  this 
State. 

§  13.  No  railroad  corporation  shall  issue  any  stock  or  bonds,  ex- 
cept for  money,  labor,  or  property  actualh'  received  and  applied  to 
the  purposes  for  which  such  corporation  was  created ;  and  all  stock 
dividends,  and  other  fictitious  increase  of  capital  stock  or  indebted- 
ness of  any  such  corporation,  shall  be  void.  The  capital  stock  of  no 
railroad  corporation  shall  be  increased  for  any  purpose,  except  upon 
giving  sixty  days'  public  notice,  in  such  manner  as  may  be  provided 
by  law. 

§  14.  The  exercise  of  the  power  and  the  right  of  eminent  domain 
shall  never  be  so  construed  or  abridged  as  to  prevent  the  taking,  by 
the  general  assembly,  of  the  property  and  franchises  of  incor])orated 
companies  already  organized,  and  subjecting  them  to  the  public  ne- 
cessity the  same  as  of  individuals.  The  right  of  trial  by  jury  shall 
be  held  inviolate  in  all  trials  of  claims  for  compensation,  when,  in 
the  exercise  of  the  said  right  of  eminent  domain,  any  incorporated 
company  shall  be  interested  either  for  or  against  the  exercise  of  said 
right. 

§  15.  The  general  assembly  shall  pass  laws  to  correct  abuses  and 
prevent  unjust  discrimination  and  extortion  in  the  rates  of  freight 
and  passenger  tariffs  on  the  different  railroads  in  this  State,  and  en- 
force such  laws  by  adequate  penalties,  to  the  extent,  if  necessary  for 
that  purpose,  of  forfeiture  of  their  property  and  franchises. 

Artk  rj:  XII 
:\iii,riiA 

§  1.  The  militia  of  the  State  of  Illinois  shall  consist  of  all  able- 
bodied  male  persons,  resident  in  the  State,  between  the  ages  of  eight- 
een and  forty-five,  except  such  persons  as  now  are  or  hereafter  may 
l)e  exempted  by  the  laws  of  the  United  States  or  of  this  State. 

§  2.  The  general  asseml)ly,  in  providing  for  the  organization,  equip- 
ment and  discipline  of  the  militia,  shall  conform  as  nearly  as  practi- 
cable to  the  regulations  for  the  government  of  the  ai-mies  of  the 
United  States. 

§3.  All  militia  officers  shall  be  commissioned  by  the  governor,  and 
may  hold  their  commissions  for  such  time  as  the  general  assembly 
may  provide. 

§  4.  The  militia  shall,  in  all  cases  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest  dui'ing  their  attendance  at 
musters  and  electi(ms.  and  in  going  to  and  returning  from  the  same. 

^  5.  The  military  records,  bamiers  and  i-elics  of  the  State  shall  be 
])reserved  as  an  enduring  memorial  of  the  patriotism  and  valor  of 
Illinois,  and  it  shall  b(>  the  duty  of  the  gencu'al  assembly  to  ])rovid('  by 
law  for  the  safe-keeping  of  the  same. 


1044  nimois—lSro 

§  G.  No  pprsoii  having'  consciontioiis  scruples  against  bearing  arms 
shall  be  compelled  to  do  militia  duty  in  time  of  peace:  Prorided,  such 
person  shall  pay  an  e(iuivalent  for  such  exemption. 

Article  XIII 

WAREHOUSES 

§  1.  All  elevators  or  storehouses  where  grain  or  other  property  i- 
stored  for  a  compensation,  AA'hether  the  property  stored  Ix-  kept  sepa- 
rate or  not,  are  declared  to  be  public  warehouses. 

§  2.  The  owner,  lessee  or  manager  of  each  and  every  public  ware- 
house situated  in  any  town  or  city  of  not  less  than  one  hundred  thou- 
sand inhabitants,  shall  make  weekly  statements  under  oath,  before 
some  officer  to  be  designated  by  law,  and  keep  the  same  posted  in  some 
conspicuous  place  in  the  office  of  such  warehouse,  and  shall  also  file 
a  copy  for  public  examination  in  such  place  as  shall  be  designated  by 
law,  which  statement  shall  correctly  set  forth  the  amount  and  grade 
of  each  and  every  kind  of  grain  in  such  warehouse,  together  with 
such  other  property  as  uisij  be  stored  therein,  and  Avhat  warehouse 
receipts  have  been  issued,  and  are,  at  the  time  of  making  such  state- 
ment, outstanding  therefor;  and  shall,  on  the  copy  posted  in  the 
warehouse,  note  daily  such  changes  as  may  be  made  in  the  quantity 
and  grade  of  grain  in  such  warehouse;  and  the  different  grades  of 
grain  shipped  in  separate  lots  shall  not  be  mixed  with  inferior  or 
superior  grades  without  the  consent  of  the  owner  or  consignee  thereof. 

§  3.  The  owners  of  property  stored  in  any  warehouse,  or  holder 
of  a  receipt  for  the  same,  shall  always  be  at  liberty  to  examine  such 
l)roperty  stored,  and  all  the  books  and  records  of  the  warehouse,  in 
regard  to  such  property. 

§  4.  All  railroad  companies  and  other  common  carriers  on  rail- 
roads shall  weigh  or  measure  grain  at  points  where  it  is  shipped  and 
receipt  for  the  full  amount,  and  shall  be  responsible  for  the  delivery 
of  such  amount  to  the  owner  or  consignee  thereof,  at  the  place  of 
destination. 

§  .5.  All  railroad  companies  receiving  and  transj^orting  grain  in 
bulk  or  otherwise,  shall  deliver  the  same  to  any  consignee  thereof, 
or  an}^  elevator  or  public  warehouse  to  which  it  may  be  consigned, 
provided  such  consignee  or  the  elevator  or  public  warehouse  can  be 
reached  by  any  track  owned,  leased  or  nsed,  or  which  can  be  used, 
by  such  railroad  companies;  and  all  railroad  companies  shall  permit 
connections  to  be  made  with  their  track,  so  that  any  such  consignee 
and  any  public  warehouse,  coal  l)ank  or  coal  yard  may  be  reached 
by  the  cars  on  said  railroad. 

§  G.  It  shall  be  the  duty  of  the  general  assembly  to  pass  all  neces- 
sary laws  to  prevent  the  issue  of  false  and  fraudulent  warehouse  re- 
ceipts, and  to  give  full  effect  to  this  article  of  the  constitution,  which 
shall  be  liberally  construed  so  as  to  protect  producers  and  shippers. 
And  the  enumeration  of  the  remedies  herein  named  shall  not  be  con- 
strued to  deny  to  the  general  assembly  the  power  to  })res('ril)e  by  law 
such  other  and  further  remedies  as  may  l)e  found  expedient,  or  to 
deprive  any  person  of  existing  common  law  remedies. 


Illinois— 1S70  1045 

§  T.  The  General  assembly  shall  })ass  laws  for  the  insiDection  of 
o-raiii,  for  the  protection  of  producers,  shippers  and  receivers  of  grain 
and  produce. 

AKTitLi:  XIV 

AMENDMENTS    TO    THE    CONSTITUTION 

§  1.  "\'\"lienever  two-thirds  of  the  members  of  each  honse  of  the 
o"eneral  assembly  shall,  by  a  vote  entered  upon  the  journals  thereof, 
concur  that  a  convention  is  necessary  to  revise,  alter  or  amend  the 
constitution,  the  question  shall  be  submitted  to  the  electors  at  the 
next  general  election.  If  a  majority  voting-  at  the  election  vote  for 
a  convention,  the  general  assembly  shall,  at  the  next  session,  pro- 
\ide  for  a  convention,  to  consist  of  double  the  nninber  of  members 
of  the  senate,  to  be  elected  in  the  same  manner,  at  the  same  places, 
and  in  the  same  districts.  The  general  assembly  shall,  in  the  act 
calling  the  convention,  designate  the  day,  hour  and  place  of  its  meet- 
ing, hx  the  pay  of  its  members  and  officers,  and  provide  for  the  pay- 
ment of  the  same,  together  with  the  expenses  necessarily  incurred 
by  the  convention  in  the  performance  of  its  duties.  Before  proceed- 
ing, ^the  members  shall  take  an  oath  to  support  the  constitution  of 
tlie  United  States,  and  of  the  State  of  Illinois,  and  to  faithfully  dis- 
charge their  duties  as  members  of  the  convention.  The  qualification 
of  members  shall  be  the  same  as  that  of  members  of  the  senate,  and 
vacancies  occurring  shall  be  filled  in  the  manner  provided  for  filling- 
vacancies  in  the  general  assembly.  Said  convention  shall  meet  within 
three  months  after  such  election,  and  prepare  such  revision,  altera- 
tion or  amendments  of  the  constitution  as  shall  be  deemed  necessary, 
which  shall  be  submitted  to  the  electors  for  their  ratification  or 
rejection  at  an  election  appointed  by  the  convention  for  that  purpose, 
not  less  than  two  nor  more  than  six  months  after  the  adjournment 
thereof;  and  unless  so  submitted,  and  approved  by  a  majority  of  the 
electors  voting  at  the  election,  no  such  revision,  alteration  or  amend- 
ments shall  take  effect. 

§  2.  Amendments  to  this  constitution  may  be  proposed  in  either 
house  of  the  general  assembly,  and  if  the  same  shall  be  voted  for  by 
iwo-thirds  of  all  the  members  elected  to  each  of  the  two  houses,  such 
])roposed  amendments,  together  with  the  yeas  and  nays  of  each  house 
thereon,  shall  be  entered  in  full  on  their  respective  journals,  and  said 
amendments  shall  be  submitted  to  the  electors  of  this  State  for  adop- 
tion or  rejection,  at  the  next  election  of  members  of  the  general 
assembly,  in  such  manner  as  may  be  prescribed  by  law.  The  ]:)ro- 
l)osed  amendments  shall  l)e  published  in  full  at  least  three  months 
preceding  the  election,  and  if  a  majority  of  the  electors  voting  at 
said  election  shall  vote  for  the  proposed  amendments,  they  shall  be- 
come a  part  of  this  constitution.  But  the  general  assembly  shall 
have  no  power  to  propose  amendments  to  more  than  one  article  of 
this  constitution  at  the  same  session,  nor  to  the  same  ai'ticlc  oftcner 
than  once  in  four  vears. 


1046  minois-  WO 

Sections  Si;i'ai;.\  ri:i,v  Si  i;\in  tkd" 

ILLINOIS    (KN  TKAI,    IIAILKOAI) 

Xo  contract,  obligation  or  liability  whatever,  of  the  Illinois  Cen- 
ti-al  Kailroad  Company  to  pay  any  money  into  the  State  treasury, 
nor  any  lien  of  the  State  upon,  or  right  to  tax  property  of  said 
company,  in  accordance  with  the  provisions  or  the  charter  of  said 
company,  approved  February  tenth,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  fifty-one,  shall  ever  be  released,  sus- 
pended, modified,  altered,  remitted,  or  in  any  manner  diminished  or 
impaired  by  legislative  or  other  authority;  and  all  moneys  derived 
from  said  company,  after  the  payment  of  the  State  debt,  shall  be 
appropriated  and  set  apart  for  the  payment  of  the  ordinary  expenses 
of  the  State  government,  and  for  no  other  purposes  whatever. 

3IIXORrrV  KEPRESENTATIOX 

[See  Sections  7  iiiid  S.  Article  IV.  ]):i.u;e  1018] 

MUNICIPAL    SUBSCRIPTIOXS    TO    RAILROADS    OR    URI\ATE    CORPORATIONS 

No  county,  city,  town,  township,  or  other  municipality,  shall  ever 
become  subscriber  to  the  capital  stock  of  any  railroad  or  private 
corporation,  or  make  donation  to  or  loan  its  credit  in  aid  of  sucli 
corporation:  Provided,  Jwirerer,  that  the  adoption  of  this  article 
shall  not  be  construed  as  affecting  the  right  of  any  such  munici- 
pality to  make  such  subscriptions  where  the  same  have  been  author- 
ized,'under  existing  laws,  by  a  vote  of  the  people  of  such  munici- 
palities i^rior  to  such  adoption. 

CANAL 

[Railroad    State   aid   i)roliiliited] 

The  Tllinois  and  INlichigan  Canal  shall  never  be  sold  or  leased 
until  the  specific  proposition  for  the  sale  or  lease  thereof  shall  first 
have  been  submitted  to  a  vote  of  the  people  of  the  State,  at  a  general 
election,  and  have  been  approved  by  a  nuijority  of  all  the  votes  ]:)olled 
at  such  election.  The  general  assembly  shall  never  loan  the  credit 
of  the  State,  or  make  ap]iropriations  from  the  treasury  thereof,  in 
aid  of  railroads  or  canals:  Proridcd.  that  any  surplus  earnings  of 
any  canal  may  be  appropriated  for  its  enlargement  or  extension. 

Schedule 

That  no  inconvenience  may  arise  from  the  alterations  and  amend- 
ments made  in  the  constitution  of  this  State,  and  to  carry  the  same 
into  complete  eft'ect,  it  is  hereby  ordained  and  declared : 

§  1.  That  all  laws  in  force  at  the  adoption  of  this  constitution, 
not  inconsistent  therewith,  and  all  rights,  actions,  prosecutions,  claims 
and  contracts  of  the  State,  individuals,  or  bodies  corporate,  shall  con- 
tinue to  be  as  valid  as  if  this  constitution  had  not  been  adopted. 

" Tlicsc  sections  wvw  seimrately  submitted  to  the  vole  of  tlie  iieojile;  lliey 
Weill    into  ertect  :is  law  .Tnlv  -.   IMO. 


Illinois— 1870  1017 

§  2.  That  all  fines,  taxes,  penalties  and  forfeitures,  due  and  owing 
to  the  kState  of  Illinois  under  the  present  constitution  and  laws,  shall 
imire  to  the  use  of  the  people  of  the  State  of  Illinois,  under  this 
constitution. 

§  3.  Recognizances,  bonds,  obligations,  and  all  other  instruments 
entered  into  or  executed  before  the  adoption  of  this  constitution,  to 
the  people  of  the  State  of  Illinois,  to  any  State  or  county  officer,  or 
puljlic  body,  shall  remain  binding  and  valid;  and  rights  and  lia- 
bilities upon  the  same  shall  continue,  and  all  crimes  and  misde- 
meanors shall  be  tried  and  punished  as  though  no  change  had  been 
made  in  the  constitution  of  this  State. 

§  4.  County  courts  for  the  transaction  of  county  business  in  coun- 
ties not  having  adopted  township  organization  shall  continue  in 
existence,  and  exercise  their  present  jurisdiction  until  the  board  of 
county  commissioners  provided  in  this  constitution  is  organized  in 
piu'suance  of  an  act  of  the  general  assembly;  and  the  county  courts 
in  all  other  counties  shall  have  the  same  power  and  jurisdiction  the}'^ 
now  possess  until  otherAvise  })rovided  by  law. 

§  5,  All  existing  courts  which  are  not  in  this  constitution  speci- 
fically enumerated  shall  continue  in  existence  and  exercise  their 
l)resent  jurisdiction  until  otherwise  provided  by  laAv, 

vj  (■).  All  persons  now  filling  any  office  or  appointment  shall  con- 
tinue in  the  exercise  of  the  duties  thereof  according  to  their  respec- 
tive conmiissions  or  appointments,  unless  by  this  constitution  it  is 
otherwise  directed. 

[Sections  7  to  17,  both  inclusive,  providing  for  tlie  submission  of  tliis  consti- 
tution and  voting  thereon  by  the  people,  became  inoperative  l)y  the  adoption  of 
this  constitution.] 

§  7.  On  the  day  this  constitution  is  submitted  to  the  people  for 
ratification  an  election  shall  be  held  for  judges  of  the  supreme 
court  in  the  second,  third,  sixth  and  seventh  judicial  election  dis- 
tricts designated  in  this  constitution,  and  for  the  election  of  three 
judges  of  the  circuit  court  in  the  county  of  Cook,  as  provided  for 
in  the  article  of  this  constitution  relating  to  the  judiciary,  at  which 
election  every  person  entitled  to  vote,  according  to  the  terms  of 
this  constitution,  shall  be  allowed  to  vote,  and  the  election  shall 
l)e  otherwise  conducted,  returns  made,  and  certificates  issued,  in 
accordance  with  existing  laws,  except  that  no  registry  shall  be  re- 
(juired  at  said  election:  Provided,  that  at  said  election  in  the  county 
of  Cook  no  elector  shall  vote  for  more  than  two  candidates  for 
circuit  judge.  If,  upon  canvassing  the  votes  for  and  against  the 
adoption  of  this  constitution,  it  shall  appear  that  there  has  been 
])olled  a  greater  number  of  votes  against  than  for  it,  then  no  certifi- 
cates of  election  shall  be  issued  for  any  of  said  supreme  or  circuit 
judges. 

vj  8.  This  constitution  shall  be  submitted  to  the  people  of  the 
State  of  Illinois  for  adoption  or  rejection  at  an  election  to  be  held 
on  the  first  Saturday  in  .July,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy,  and  there  shall  be  separately  submitted 
at  the  same  time,  for  adoption  or  rejection,  sections  nine,  ten,  eleven, 
twelve,  thirteen,  fourteen  and  fifteen  relating  to  railroads,  in  the 
article  entitled  '*  Corporations,"  the  article  entitled  "  Counties,"  the 
article  entitled  "  "Warehouses,''  the  question  of  requiring  a  three- 


1018  Illinoi.s—lS70 

iiflhs  vote  to  remove  a  county  seat,  the  section  relating  to  the  Illinois 
Central  Railroad,  the  section  in  relation  to  minority  representation, 
the  section  relating  to  municipal  subscriptions  to  railroads  or  private 
corporations,  and  the  section  relating  to  the  canal.  Every  person 
entitled  to  vote  under  the  provisions  of  this  constitution,  as  defined 
in  the  article  in  relation  to  suffrage,  shall  be  entitled  to  vote  for  the 
ad()i)tion  or  rejection  of  this  constitution,  and  for  or  against  the 
articles,  sections  and  questions  aforesaid,  separately  sul)mitted,  and 
the  said  qualified  electors  shall  vote  at  the  usual  places  of  voting, 
unless  otherwise  provided;  and  the  said  election  shall  be  conducted, 
and  returns  thereof  made,  according  to  the  laws  now  in  force  regulat- 
ing general  elections,  except  that  no  registry  shall  l)e  required  at  said 
election:  Provided^  however^  that  the  polls  shall  be  kej)t  open  for  the 
reception  of  ballots  until  sunset  of  said  day  of  election. 

§  1).  The  secretary  of  state  shall,  at  least  twenty  days  before  said 
election,  cause  to  be  delivered  to  the  county  clerk  of  each  county, 
blaidv  poll-books,  tally-sheets,  and  forms  of  return,  and  twice  the 
number  of  properly  prepared  printed  ballots  for  the  said  election 
that  there  are  voters  in  such  county,  the  expense  whereof  shall  1)g 
audited  and  paid  as  other  i)ublic  printing  ordered  by  the  secretary 
of  state  is,  by  law,  required  to  be  audited  and  paid,  and  the  several 
county  clerks  shall  at  least  five  days  before  said  election,  cause  to  be 
distributed  to  the  board  of  election,  in  each  election  district  in  their 
respective  counties,  said  blank  poll-books,  tally-lists,  forms  of  return, 
and  tickets. 

§  10.  At  the  said  election  the  ballots  shall  I)o  in  the  following  form: 

NEW    CONSTITUTION    TICKET 

For  all  the  propositions  on  this  ticket  which  are  not  cancelled 
with  ink  or  pencil,  and  against  all  pro])ositions  which  are  so  can- 
celled. 

For  the  new  constitution. 

For  the  sections  relating  to  railroads  in  the  article  entitled  "  Cor- 
porations." 

For  the  article  entitled  "  Counties." 

For  the  article  entitled  ''  Warehouses." 

For  a  three-fifths  vote  to  remove  county  seats. 

P^or  the  section  relating  to  the  Illinois  Central  Railroad. 

For  the  section  relating  to  minority  representation. 

For  the  section  relating  to  municipal  subscriptions  to  railroads  or 
private  corporations. 

For  the  section  relating  to  the  canal. 

Each  of  said  tickets  shall  be  counted  as  a  A'ote  cast  for  each  propo- 
sition thereon  not  cancelled  with  ink  or  pencil,  and  against  each 
])roposition  so  cancelled,  and  returns  thereof  shall  be  made  accord- 
ingly by  the  judges  of  election. 

§  11.  The  returns  of  the  whole  vote  cast,  and  of  the  votes  for  the 
adoption  or  rejection  of  this  constitution,  and  for  or  against  the 
articles  and  sections  resi)ectively  submitted,  shall  be  made  by  the 
several  county  clerks,  as  is  now  provided  by  law,  to  the  secretary  of 
state,  within  twenty  days  after  the  election,  and  the  returns  of  said 
votes  shall,  within  five  days  thereafter,  be  examined  and  canvassed 
bv  the  auditor,  treasurer  and  secretary  of  state,  or  anv  two  of  them. 


Illi7iois—1870  1U49 

in  the  presence  of  the  governor,  and  proclamation  shall  be  made  by 
the  governor  forthwith  of  the  result  of  the  canvass. 

i<  12.  If  it  shall  appear  that  a  majority  of  the  votes  polled  are 
••  for  the  new  constitution,"  then  so  much  of  this  constitution  as  was 
jiot  separateh'  submitted  to  be  voted  on  by  articles  and  sections, 
shall  be  the  supreme  law-  of  the  State  of  Illinois  on  and  after  Mon- 
day, the  eighth  day  of  August,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy;  but  if  it  shall  appear  that  a  majority  of 
the  votes  polled  were  '*  against  the  new  constitution,"  then  so  nnu-li 
thereof  as  was  not  separately  submitted  to  be  voted  on  b}^  articles  and 
sections,  shall  be  null  and  void. 

If  it  shall  appear  that  a  majority  of  the  votes  polled  are  "  for  the 
sections  relating  to  railroads  in  the  article  entitled  '  Corporations,'  " 
sections  nine,  ten,  eleven,  twelve,  thirteen,  fourteen  and  fifteen,  re- 
lating to  railroads  in  the  said  article,  shall  be  a  part  of  the  constitu- 
tion of  this  State,  but  if  a  majority  of  said  votes  are  against  such  sec- 
tions, they  shall  l)e  null  and  void.  If  a  majority  of  the  votes  polled 
are  "  for  the  article  entitled  '  Counties,' ""  such  article  shall  be  part  of 
the  constitution  of  this  State,  and  shall  be  substituted  for  article 
scA'en,  in  the  present  constitution,  entitled  "Counties;''  but  if  a  major- 
ity of  said  votes  are  against  such  article  the  same  shall  be  null  and 
void.  If  a  majorit}^  of  the  votes  polled  are  ''  for  the  article  entitled 
'  AVarehouses,'  "  such  article  shall  be  part  of  the  constitution  of  this 
State;  but  if  a  majority  of  the  votes  are  against  said  article,  the  same 
shall  be  null  and  void.  If  a  majority  of  the  votes  polled  are  for  either 
of  the  sections  separately  sul)mitted,  relating  respectively  to  the  "  Illi- 
nois Central  Railroad,"  ''  minority  representation,"  "  municipal  sub- 
scriptions to  railroads  or  private  corporations,"  and  the  "  canal,"  then 
such  of  said  sections  as  shall  receive  such  majority  shall  be  a  part  of 
the  constitution  of  this  State;  but  each  of  said  sections  so  separately 
submitted  against  which  respectively  there  shall  be  a  majority  of  the 
votes  polled^  shall  be  null  and  void  :  Prorided,  that  the  section  relating 
to  "  minority  representation  "  shall  not  be  declared  adopted  unless  the- 
portion  of  the  constitution  not  separately  submitted  to  be  voted  on  by 
articles  and  sections  shall  be  adopted ;  and  in  case  said  section  relating 
to  "'  minority  representation  "  shall  become  a  portion  of  the  constitu- 
tion, it  shall  be  substituted  for  sections  seven  and  eight  of  the  legisla- 
tive article.  If  a  majority  of  the  votes  cast  at  such  election  shall  be 
for  a  three-fifths  vote  to  remove  a  county  seat,  then  the  words  ''  a 
majority  "  shall  be  stricken  out  of  section  four  of  the  article  on  Coun- 
ties, and  the  words  '"■  three-fifths  ''  shall  be  inserted  in  lieu  thereof, 
and  the  following  words  shall  be  added  to  said  section,  to-wit:  "  But 
when  an  attempt  is  made  to  remove  a  county  seat  to  a  point  nearer 
to  the  centre  of  a  county,  then  a  majority  vote  only  shall  be  necessary." 
If  the  foregoing  proposition  shall  not  receive  a  nuijority  of  the  votes, 
as  aforesaid,  then  the  same  shall  have  no  eifect  whatever. 

§  13.  Immediately  after  the  adoption  of  this  constitution,  the  gov- 
ernor and  secretary  of  state  shall  proceed  to  ascertain  and  fix  the 
apportionment  of  the  State  for  members  of  the  first  house  of  i-epre- 
sciitativcs  under  this  constitution.  The  api)orti()nnient  shall  l)e  based 
iil)on  the  federal  census  of  the  yeai"  of  our  Ijord  one  tliousand 
eight  hundred  and  seventy,  of  the  State  of  Illinois,  and  shall  be 
inade  strictly  in  accordance  with  the  rules  and  principles  announced 
in   the  article  on   the   legislative   department  of  this  constitution: 


1050  Illinois— 1S70 

Pi'oridcd^  thai  in  case  the' federal  census  aforesaid  can  not  be  ascer- 
tained i)rior  lo  P'riday,  the  twenty-third  day  of  September,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventy,  then  the 
said  a])portionnient  shall  be  based  on  the  State  census  of  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty-five,  in  accordance 
Avith  the  rules  and  principles  aforesaid.  The  governor  shall,  on  or 
before  "Wednesday,  the  twenty-eighth  day  of  September,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  seventy,  make  official 
announcement  of  said  a])portionment,  under  the  great  seal  of  the 
State ;  and  one  hundred  copies  thereof,  duly  certified,  shall  be  forth- 
with transmitted  by  the  secretar}^  of  state  to  each  count}^  clerk  for 
distribution. 

§  14.  The  districts  shall  be  regularly  numbered  by  the  secretary 
of  state,  commencing  Avith  Alexander  county  as  number  one,  and 
proceeding  then  northwardly  through  the  State,  and  terminating  Avith 
the  county  of  Cook,  but  no  county  shall  be  numbered  as  more  than 
one  district,  except  the  county  of  Cook,  which  shall  constitute  three 
districts,  each  embracing  the  territory  contained  in  the  now  existing 
representative  districts  of  said  county.  And  on  the  Tuesday  after 
the  first  Monday  in  November,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  seventy,  the  members  of  the  first  house  of 
representatives  under  this  constitution  shall  be  elected  according  to 
the  apportionment  fixed  and  announced  as  aforesaid,  and  shall  hold 
their  offices  for  two  years,  and  until  their  successors  shall  be  elected 
and  qualified. 

§  15,  The  senate,  at  its  first  session  under  this  constitution,  shall 
consist  of  fifty  members,  to  be  chosen  as  follows:  At  the  general 
election  held  on  the  first  Tuesday  after  the  first  Monday  of  Novem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy, 
two  senators  shall  be  elected  in  districts  where  the  term  of  senators 
expires  on  the  first  Monday  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  seventy-one,  or  where  there  shall  be  a 
vacancy,  ancl  in  the  remaining  districts  one  senator  shall  be  elected. 
Senators  so  elected  shall  hold  their  office  tAvo  years. 

§  16.  The  general  assembly,  at  its  first  session  held  after  the  adop- 
tion of  this  constitution,  shall  proceed  to  apportion  the  State  for 
members  of  the  senate  and  house  of  representatives,  in  accordance 
with  the  provisions  of  the  article  on  the  legislative  department. 

§  IT.  When  this  constitution  shall  be  ratified  by  the  people,  th(^ 
governor  shall  fortliAvith,  after  having  ascertained  the  fact,  issue 
Avrits  of  election  to  the  sheriffs  of  the  several  counties  of  the  State. 
or  in  case  of  A^acancies,  to  the  coroners,  for  the  election  of  all  the 
officers  the  time  of  whose  election  is  fixed  by  this  constitution  or 
schedule,  and  it  shall  be  the  duty  of  said  sheriffs  or  coroners  to  give 
such  notice  of  the  time  and  place  of  said  election  as  is  noAv  prescribed 
by  laAv. 

§  18.  All  laAvs  of  the  State  of  Illinois  and  all  official  Avritings.  and 
the  executiA'e,  legislatiAe  and  judicial  proceedings,  shall  be  conducted, 
preserA^ed  fuid  published  in  no  other  than  the  English  language. 

§  19.  The  general  assembly  shall  pass  all  laws  necessary  to  carry 
into  effect  the  provisions  of  this  constitution. 

§  '20.  The  circuit  clerks  of  the  different  counties  having  a  popula- 
tion over  sixty  thousand  shall  continue  to  be  recorders  {ex  o-fjicio)  for 


lUinoiii—1870  1051 

(heir  respective  counties,  iiiider  this  constitution,  iiiilil  llie  exi)irati()ii 
of  their  res])ective  terms. 

§  21.  The  judges  of  all  courts  of  record  in  Cook  county  shall, 
in  lieu  of  any  salary  i:)ro\ide(l  for  in  this  constitution,  receive  the 
couipensation  ])rovided  hy  hiw  until  the  adjounnnent  of  the  first 
session  of  the  General  assembly  after  the  adoption  of  this  constitution. 

§  22.  The  i)resent  judge  of  the  circuit  court  of  Cook  county  shall 
continue  to  hold  the  circuit  court  of  Lake  county  until  otherwise  pro- 
vided by  laAv. 

!:<  28.  When  this  constitution  shall  be  adopted  and  take  ctfect  as  the 
supreme  law  of  the  State  of  Illinois,  the  two-mill  tax  provided  to  be 
ainiually  assessed  and  collected  upon  each  dollar's  worth  of  taxable 
j)roperty,  in  addition  to  all  other  taxes,  as  set  forth  in  article  fifteen  of 
the  now  existing-  constitution,  shall  cease  to  be  assessed  after  the  year 
of  our  Lord  one  thousand  eight  hundred  and  seventy. 

§  24.  Nothing  contained  in  this  constitution  shall  be  so  construed 
as  to  deprive  the  general  assembly  of  power  to  authorize  the  city  of 
(xluincy  to  create  any  indebtedness  for  railroad  or  nnniicipal  purposes 
foi-  which  the  peo])le  of  said  city  shall  have  A'oted  and  to  Avhich  they 
shall  have  given,  by  such  vote,  their  assent,  prior  to  the  thirteenth 
day  of  December,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-nine:  Pro r hied ^  that  no  such  indebtedness  so  created  shall, 
in  any  part  thereof,  be  paid  by  the  State  or  from  any  State  revenue 
tax  or  fund,  but  the  same  shall  be  paid,  if  at  all,  by  the  said  city  of 
Quincy  alone,  and  by  taxes  to  be  levied  upon  the  taxable  property 
(hereof:  Ancl^  prorlded,  fiirfhcr,  that  the  general  assembly  shall 
have  no  power  in  the  premises  that  it  could  not  exercise  under  the 
present  constitution  of  the  State. 

vj  25.  In  case  this  constitution,  and  the  articles  and  sections  sub- 
mitted separately  be  adopted,  the  existing  constitution  shall  cease 
in  all  its  provisions;  an,d  in  case  this  constitution  be  ado])ted,  and 
any  one  or  more  of  the  articles  or  sections  submitted  separately  be 
defeated,  the  provisions  of  the  existing  constitution,  if  any.  on  th(> 
same  subject  shall  remain  in  force. 

§  20.  The  provisions  of  this  constitution  required  to  be  executed 
prior  to  the  adoption  or  rejection  thereof,  shall  take  eifect  and  be 
in  force  innnediately. 

I  attestation] 

Done  in  convention  at  the  capitol  in  the  city  of  S])i-ingfield,  on 
the  thirteenth  day  of  May,  in  the  year  of  our  Lord  one  thousand 
eigh(  hundred  and  seventy,  and  of  the  inde])endence  of  the  United 
States  of  America  the  ninety-fourth. 

In  witness  whereof,  we  lun'e  hereunto  snbsciibed  oni'  names. 

CllAKLKS    IIirClICCK  K.  1  * ir.sitlciit. 

Attest : 

John  Q.  Harmon. 

Secn'tdvij. 
Daniel  Siiepahu. 

First  ^Isslstaaf  Sccrctid'y. 
A.  II.  Swain, 

Second  Axsisf<inf  Secretary. 
7l.'5L'— vol.  2—07 12 


1052  IlliH<>fs-~lS7(} 

AMENDMENTS  " 

An  nniondmoiit  to  tlio  coiislitution  Itocomos  l;nv  as  soon  as  it  is  (Icclarcil  rati- 
lied  l),v  the  hoard  ol'  caiivassci's,  if  not  us  soon  as  tlio  ]k)11s  arc;  c-Ioscd  on  tlio  day 
of  its  adoption.      LVoplc  /'.  lioard  of  Supervisors,  100  111..  4!»r>. 

(2)  I'roposod  by  joint  rosolution  of  the  Thirty-fourtli  (leneral  Assen)l>iy 
(Ij.  issr),  p.  2r>(!)  ;  adopted  hy  vote  of  the  people  November  2,  l.SS(j ;  proohiiiued 
ratified  November  22,  188(i. 

CONTRACT    CONVICT   LABOR 

Hereafter  it  shall  be  unlawful  for  the  commissioners  of  any  peni- 
tentiary or  other  reformatory  institution  in  the  State  of  Illinois  to 
let  by  contract  to  any  person  or  persons,  or  corporations,  the  labor 
of  any  convict  confined  Avithin  said  institution. 

United  States  of  America, 

State  of  lUinoiii,  Office  of  Secretary  of  State,  ss : 
I,  James  A.  Rose,  Secretary  of  State  of  the  State  of  Illinois,  do 
hereby  certify  that  the  foregoing  is  a  true  copy  of  the  Constitution  of 
the  State  of  Illinois,  adopted  in  convention  on  the  thirteenth  day  of 
May,  1870,  ratified  by  a  vote  of  the  people  on  the  2d  day  of  July, 
1870,  and  in  force  on  the  8th  day  of  August,  1870,  and  as  amended  in 
1878,  in  1880,  in  188-1:,  in  1880  and  in  1890,  and  now  on  file  in  this 
office. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  affixed  the 
Great  Seal  of*  State.  Done  at  the  city  of  Springfield  this  IHth  dav 
of  January,  A.  D.  1000. 

James  A.  Rose, 
Secretary  of  State. 

"For  the  first,  second,  and  third  amendments,  see  pages  1018,  1023,  102.j,  1038, 
and  1030. 


INDIANA 


A'li-.iciuia  Act  of  Cession,  1788   (Illinois.  ]i.  !).">). 
Deed  of  Cession  from  Viruriiiia.  17.S-1  (Illinois,  p.  O.")?). 
Northwest  Territorial  Government.  ITS?    (Illinois.  ]>.  057). 
Virginia  Aft  of  Ratifieation.  1788   (Illinois,  p.  OC:^,). 
Northwest  Territorial  (Jovernment.  1780   (Illinois,  ji.  0(!:>). 
Territorial  Government  of  Indiana.  180(1   (Illinois,  p.  !HJ4). 
Territorial  Government  of  Indiana,  18U0  (Illinois,  p.  OGO). 


TERRITORIAL  GOVERNMENT  OF  INDIANA— 1814'' 

[Thirteenth  Congress.  I^econd  Session] 

An  Act  to  establish  the  mode  of  layinj^  off  the  Territor.v  of  Indiana  into  dis- 
tricts, for  the  election  of  its  members  of  the  legislative  council. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assemhled^  That  the  house  of 
representatives  of  the  Indiana  Territory  be,  and  it  is  hereby,  eni- 
|)()wered,  from  time  to  time,  to  hiy  off  the  said  Territory  into  five 
districts  for  the  election  of  the  members  of  the  legislative  council 
of  the  Territory  aforesaid. 

Sec.  2.  And  he  it  further  enacted^  That  the  districts  established 
by  Governor  Harrison,  in  the  year  of  our  Lord  one  thousand  eight 
himdred  and  nine,  shall  remain  as  the  lawfully-authorized  districts 
for  the  election  of  the  members  of  the  legislative  council  of  said 
Territory,  until  the  house  of  representatives  thereof  shall  have  exer- 
cised the  j)OAver  vested  in  that  body  by  the  first  section  of  this  act. 

Approved,  March  4,  18M. 

ENABLING  ACT  FOR  INDIANA— 1816 

[Fourteenth  Congress,  First  Session  I 

An  Act  to  enalile  the  people  of  the  Indiana  Territory  to  form  a  constitution  and 
State  govei-nment.  and  for  the  admission  of  such  State  into  the  Union  on  au 
('(jual  footing  with  the  original  States. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatires  of  the 
United  States  of  America  in  Congress  assemhled.  That  the  inhab- 
itants of  the  Territory  of  Indiana  be,  and  they  are  hereby,  authorized 

"  For  other  statutes  of  an  organic  nature  relating  to  Indiana  see  the  act  to 
I'xtend  right  of  suffrage  in  Indiana  Territory,  acts  of  Febriiary  -<*.,  1So8.  Feb- 
ruary 27,  ISOO,  December  in,  1800,  March  :'.,  1811;  to  Hx  the  boundaries  of, 
May  20,  1812;  t(i  determine  cases  begun  before  division  of  Territory,  June 
10,  1812;  to  district  the  State  for  election  of  representatives,  MarcJi  4.  1814; 
to  regulate  courts  of  .iustice.  Fel)niary  24.  18iri;  to  pi'ovide  for  Die  due  cxecu- 
tiiin  of  the  laws  of  the  United  States  in,  March  o,  1817. 

1053 


1054  IitdidfHi — iSIh' 

to  form  for  themselves  a  constitution  and  State  ofovernment,  and  to 
assume  such  name  as  they  shall  deem  i)roi)er:  and  the  said  State, 
Avhen  formed,  shall  be  admitted  into  the  Union  upon  the  same  foot- 
ing Avith  the  original  States,  in  all  respects  whatever. 

Sec.  2.  A7id  he  it  further  enacted.,  That  the  said  State  shall  con- 
sist of  all  the  territory  included  within  the  following  boundaries,  to 
wit :  Bounded  on  the  east  by  the  meridian-line  which  forms  the  west- 
ern boundary  of  the  State  of  Ohio ;  on  the  south,  by  the  river  Ohio, 
from  the  mouth  of  the  Great  Miami  River  to  the  mouth  of  the  river ' 
Wabash ;  on  the  west,  by  a  line  drawn  along  the  middle  of  the  AVa- 
bash,  from  its  mouth  to  a  point  where  a  due-north  line  drawn  from 
the  town  of  Vincennes  would  last  touch  the  northwestern  shore  of 
the  said  river;  and  from  thence  by  a  due-north  line  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.  l)y 
the  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:  Prorided,  That  the  convention  hereinafter  ]:)rovided 
for,  when  formed,  shall  ratify  the  boundaries  aforesaid :  otherwise 
they  shall  be  and  remain  as  now  prescribed  by  the  ordinance  for  the 
government  of  the  territory  northwest  of  the  river  Ohio:  Prorided 
also,  That  the  said  State  shall  have  concurrent  jurisdiction  on  the 
river  Wabash  with  the  State  to  be  formed  west  thereof,  so  far  as  the 
said  river  shall  form  a  common  boundary  to  both. 

Sec.  3.  A^id  he  it  further  enaeted.  That  all  male  citizens  of  the 
United  States,  who  shall  have  arrived  at  the  age  of  twenty-one  years, 
and  resided  within  the  said  Territory  at  least  one  year  previous  to 
the  day  of  election,  and  shall  have  paid  a  county  or  territorial  tax : 
and  all  persons  having  in  other  respects  the  legal  qualifications  to  vote 
for  representatives  in  the  general  assembly  of  the  said  Territory,  be, 
and  they  are  hereby,  authorized  to  choose  representatives  to  form  a 
convention,  who  shall  be  apportioned  amongst  the  several  counties 
within  the  said  Territory,  according  to  the  apportionment  made  by 
the  legislature  thereof,  at  their  last  session,  to  wit :  From  the  county 
of  Wa^'ne,  four  representatives;  from  the  county  of  Franklin,  five 
representatives;  from  the  county  of  Dearborn,  three  representatives: 
from  the  county  of  Switzerland,  one  representative ;  from  the  county 
of  Jeiferson,  three  rej^resentatives :  from  the  county  of  Clark,  five 
representatives;  from  the  county  of  Harrison,  five  representatives: 
from  the  county  of  Washington,  five  representatives;  from  the  county 
of  Knox,  five  representatives ;  from  the  county  of  Gibson,  four  repre- 
sentatives: from  the  county  of  Posey,  one  representative;  from  the 
count}'^  of  Warrick,  one  representative ;  and  from  the  county  of  Perry, 
one  representative.  And  the  election  for  the  representatives  aforesaid 
shall  be  holden  on  the  second  Monday  of  May,  one  thousand  eight 
hundred  and  sixteen,  throughout  the  several  counties  in  the  said  Ter- 
ritory; and  shall  be  conducted  in  the  same  manner,  and  under  the 
same  penalties,  as  prescribed  by  the  laws  of  the  said  Territory,  regu- 
lating elections  therein  for  members  of  the  house  of  representatives. 

Sec.  4.  And  he  it  further  enacted.  That  the  members  of  the  con- 
vention thus  duly  elected  be,  and  they  are  hereby,  authorized  to  meet 
at  the  seat  of  the  government  of  the  said  Territory,  on  the  second 
INIonday  of  June  next,  which  convention,  when  met,  shall  first  de- 
termine, by  a  majority  of  the  Avhole  number  elected,  whether  it  be  or 


Indiana— 181G  1055 

be  not  expedient,  at  that  time,  (o  form  a  constitntion  and  State 
government  for  the  people  within  the  said  Territory,  and  if  it  be 
determined  to  be  expedient,  the  convention  shall  be,  and  hereb}^  are, 
anthorized  to  form  a  constitution  and  State  g-overnment ;  or  if  it  be 
deemed  more  expedient,  the  said  convention  shall  provide  by  ordi- 
nance for  electing  representatives  to  form  a  constitution,  or  frame  of 
government ;  which  said  representatives  shall  be  chosen  in  such  man- 
ner, and  in  such  proportion,  and  shall  meet  at  such  time  and  place,  as 
shall  be  prescribed  l)y  the  said  ordinance,  and  shall  then  form,  for  the 
people  of  said  Territory,  a  constitution  and  State  goverinnent :  Pro- 
vided, That  the  same,  wheneA'er  formed,  shall  be  republican,  and  not 
repugnant  to  those  articles  of  the  ordinance  of  the  thirteenth  of  July, 
one  thousand  seven  hundred  and  eighty-seven,  Avhich  are  declared  to 
be  irrevocable  between  the  original  States,  and  the  people  and  States 
of  the  territory  northwest  of  the  river  Ohio ;  excepting  so  much  of 
said  articles  as  relate  to  the  boundaries  of  the  States  therein  to  be 
formed. 

Sec.  5.  And  he  it  further  enacted^  That  until  the  next  general 
census  shall  be  taken,  the  said  State  shall  be  entitled  to  one  repre- 
sentative in  the  House  of  Representatives  of  the  United  States. 

Sec.  6.  And  he  it  further  enacted,  That  the  following  propositions 
be,  and  the  same  are  hereby,  offered  to  the  convention  of  the  said 
Territory  of  Indiana,  when  formed,  for  their  free  acceptance  or  re- 
jection, which,  if  accepted  bv  the  convention,  shall  be  obligatory  upon 
the  United  States :  ' 

First.  That  the  section  numbered  sixteen,  in  every  township,  and 
when  such  section  has  been  sold,  granted,  or  disposed  of,  other  lands, 
equivalent  thereto,  and  most  contiguous  to  the  same,  shall  be  granted 
to  the  inhabitants  of  such  township  for  the  use  of  schools. 

Second.  That  all  salt-springs  within  the  said  Territory,  and  the 
land  reserved  for  the  use  of  the  same,  together  with  such  other  lands 
as  may,  by  the  President  of  the  United  States,  be  deemed  necessary 
and  proper  for  working  the  said  salt -springs,  not  exceeding,  in  the 
whole,  the  quantity  contained  in  thirty-six  entire  sections,  shall  be 
granted  to  the  said  State,  for  the  use  of  the  people  of  the  said  State, 
the  same  to  be  used  under  such  terms,  conditions,  and  regulations  as 
the  legislature  of  the  said  State  shall  direct:  Prorided.  The  said 
legislature  shall  never  sell  nor  lease  the  same  for  a  longer  period  than 
ten  years  at  any  one  time. 

Third.  That"  five  per  cent,  of  the  net  proceeds  of  the  lands  lying 
within  the  said  Territory,  and  which  shall  be  sold  bv  Congress  from 
and  after  the  first  day  of  December  next,  after  deducting  all  expenses 
incident  to  the  same,  shall  be  reserved  for  making  public  roads  and 
canals,  of  which  three-fifths  shall  be  applied  to  those  objects  within 
the  said  State,  under  the  direction  of  the  legislature  thereof,  and  two- 
hfths  to  the  making  of  a  road  or  roads  leading  to  the  said  State  under 
the  direction  of  Congress. 

Fourth.  That  one  entire  township,  which  shall  be  designated  by  the 
President  of  the  United  States,  in  addition  to  the  one  heretofore 
reserved  for  that  purpose,  shall  be  reserved  for  the  use  of  a  seminary 
of  learning,  and  vested  in  the  legislature  of  the  said  State,  to  be  appro- 
priated solely  to  the  use  of  such  seminary  by  the  said  legislature. 

Fifth.  That  four  sections  of  land  be,  and  the  same  are  hereby, 
granted  to  the  said  State,  foi-  the  purpose  of  fixing  theii-  seat  of  gov- 


1056  Jmliana--lSir> 

ernmont  thereon,  wliicli  four  sections  shall,  under  the  direotion  of  the 
le<::islature  of  said  State,  he  located  at  any  time,  in  such  to\vns!)ii> 
and  ranoe  as  the  k\i2:islature  aforesaid  may  select,  on  such  lands  as 
may  hereafter  be  ac<iuired  l)y  the  United  States  from  the  Indian  tribes 
Avithin  the  said  Territory  :  Provided^  That  such  location  shall  be  made 
prior  to  the  public  sale  of  the  lands  of  the  United  States  surroundino; 
such  location:  And  froinded  always^  That  the  five  foregoing  provi- 
sions, herein  offered,  are  on  the  conditions  that  the  convention  of  the 
said  State  shall  provide  by  an  ordinance,  irrevocable  without  the  con- 
sent of  the  United  States,  that  every  and  each  tract  of  land  sold  by 
the  Ignited  States,  from  and  after  the  first  day  of  December  next, 
shall  be  and  remain  exempt  from  any  tax.  laid  l)y  order  or  under  any 
authority  of  the  State,  whether  for  State,  county,  or  township,  or  any 
other  purpose  whatever,  for  the  term  of  five  years  from  and  after  the 
day  of  sale. 

Approved,  A])ril  19,  181G. 


ORDINANCE  ACCEPTING  ENABLING  ACT— 1816 

Be  it  ordained  hy  the  representatives  of  the  peoj)le  of  the  Territory 
of  Indiana.,  in  convention  met  at  Cory  don.,  on  Monday.,  the  tenth  day 
of  June.,  in  the  year  of  our  Lord  eighteen  hindred  and  sixteen.,  That 
we  do,  for  ourseh'es  and  our  posterity,  agree,  determine,  declare,  and 
ordain,  that  we  will,  and  do  herein',  accept  the  propositions  of  the 
Congress  of  the  United  States,  as  made  and  contained  in  their  act  of 
the  nineteenth  day  of  April,  eighteen  hundred  and  sixteen,  entitled 
"An  act  to  enable  the  people  of  the  Indiana  Territory  to  form  a  State 
government  and  constitution,  and  for  the  admission  of  such  State 
into  the  Union,  on  an  equal  footing  with  the  original  States." 

And  we  do  further,  for  ourselves  and  our  posterity,  hereby  ratify, 
confirm,  and  establish  the  boundaries  of  the  said  State  of  Indiana,  as- 
fixed,  prescribed,  laid  down,  and  established  in  the  act  of  Congress 
aforesaid ;  and  we  do  also,  further,  for  ourselves  and  our  posterity, 
hereby  agree,  determine,  declare,  and  ordain  that  each  and  every 
tract  of  land  sold  by  the  United  States,  lying  within  the  said  State, 
and  which  shall  be  sold  from  and  after  the  first  day  of  December  next, 
shall  be  and  remain  exempt  from  any  tax  laid  by  order  or  under  any 
authority  of  the  said  State  of  Indiana,  or  by  or  under  the  authority  of 
the  general  assembly  thereof,  whether  for  State,  county,  or  township, 
or  any  other  purpose  whatever,  for  the  term  of  five  years  from  and 
after  the  day  of  sale  of  any  such  tract  of  land:  and  we  do.  moreover, 
for  ourselves  and  our  posterity,  hereby  declare  and  ordain,  that  this 
ordinance,  and  every  part  thereof,  shall  forever  be  and  remain  irre- 
vocable and  inviolate,  without  the  consent  of  the  United  States,  in 
Congress  assembled,  first  had  and  obtained  for  the  alteration  thereof, 
or  any  part  thereof. 

JOXATHAX    JeXXTXGS. 

June  29th,  1816.  President  of  the  Convention. 

Attest,  June  29th,  181G: 
William  Hexdricks. 

Secretary. 


Indiana— 1810  1057 

RESOLUTION  OF  CONGRESS— 1816 

[Fourteenth  Congress,  Second  Session.] 
Resolution  for  admitting  the  State  of  Indiana  into  tlie  T^nion. 

Wlioreas,  in  pursuance  of  an  act  of  Congress  passed  on  the  nine- 
teenth day  of  April,  one  thousand  eight  hundred  and  sixteen,  entitled 
"An  act  to  enable  the  people  of  Indiana  Territory  to  form  a  constitu- 
tion and  State  government,  and  for  the  admission  of  that  State  into 
the  Union,"  the  people  of  the  said  Territory  did,  on  the  t^venty-ninth 
day  of  June,  in  the  present  year,  by  a  conyention  called  for  that  pur- 
j)ose,  form  for  themselyes  a  constitution  and  State  goyernment,  which 
constitution  and  State  goyernment,  so  formed,  is  republican,  and  in 
conformity  with  the  principles  of  the  articles  of  compact  between  the 
original  States  and  the  people  and  States  in  the  territory  northwest 
of  the  riyer  Ohio,  passed  on  the  thirteenth  day  of  July,  one  thousand 
seyen  hundred  and  eighty-seyen. 

ResoJred  hi/  the  Senate  and  House  of  Representatives  of  the  United 
States  of  Ameriea  in  Congress  assembled ^  That  the  State  of  Indiana 
shall  be  one,  and  is  hereby  declared  to  be  one,  of  the  Ignited  States  of 
America,  and  admitted  into  the  Union  on  an  equal  footing  with  the 
original  States,  in  all  respects  whateyer. 

Approved.  December  11.  181^. 

CONSTITUTION  OF  INDIANA— 1816  * 
CONSTITl'TIOX  ISir, 

We  the  Representatives  of  the  people  of  the  Territory  of  Indiana, 
in  Convention  met,  at  Corydon,  on  Monday  the  tenth  day  of  June  in 
the  year  of  our  Lord  eighteen  hundred  and  sixteen,  and  of  the  Inde- 
pendence of  the  United  States  the  Fortieth,  having  the  right  of  admis- 
sion into  the  General  Government,  as  a  member  of  the  Union,  con- 
sistent with  the  constitution  of  the  United  States,  the  ordinance  of 
Congress  of  one  thousand  seven  hundred  and  eighty  seven,  and  the 
law  of  Congress,  entitled  "An  act  to  enable  the  people  of  the  Indiana 
Territory  to  form  a  constitution  and  State  Government,  and  for  the 
admission  of  such  State  into  the  Union,  on  an  equal  footing  with 
the  original  States  *'  in  order  to  establish  Justice,  promote  the  welfare, 
and  secure  the  blessings  of  liberty  to  ourselves  and  our  posterity ;  do 
ordain  and  establish  the  folloAving  constitution  or  form  of  Govern- 
ment, and  do  mutually  agree  with  each  other  to  form  ourselves  into  a 
free  and  Independent  State,  by  the  name  of  the  State  of  Indiana. 

Artk'le  I 

Section!.  That  the  general,  great  and  essential  principles  of  lib- 
erty and  free  Government  may  be  recognized  and  unalterably  estab- 
lished ;  we  declare,  that  all  men  are  born  e(iually  free  and  independent, 

*  Verified  by  "  The  Constitutions  of  1816  and  1851  of  the  State  of  Indian.-i 
and  Amendments.  Claude  Matthews,  Secretary  of  State.  By  Authority.  Indian- 
aiiolis:  Wm.  P..  r.nrford.  Contractor  for  State  printing  and  binding.     1891." 


1058  huhnna—lSlO 

uiul  liavc  certain  natural  inhoront,  and  unalional)lo  rights;  amon^ 
Avhicli  arc  tlic  cnjoyino-  and  dcfcndino-  life  and  liberty,  and  of  accjiiir- 
ing,  possessin*^  and  protecting  ])roperty  and  pursuing  and  obtaining 
happiness  and  safety. 

Sec.  2.  That  all  power  is  inherent  in  the  people ;  and  all  free 
Governments  are  founded  on  their  authority,  and  instituted  for  their 
peace,  safety  and  happiness.  For  the  advancement  of  these  ends, 
they  have  at  all  times  an  unalienable  and  indefeasible  right  to  alter 
or  reform  their  Government  in  such  manner  as  they  may  think  proper. 

Sec.  3.  That  all  men  have  a  natural  and  indefeasible  right  to  wor- 
ship Almighty  God,  according  to  the  dictates  of  their  own  con- 
sciences :  That  no  man  shall  be  compelled  to  attend,  enact,  or  support 
any  place  of  worship  or  to  maintain  any  ministry  against  his  consent. 
That  no  human  authority  can,  in  any  case  whatever,  control  or  inter- 
fere with  the  rights  of  conscience :  and  that  no  preference  shall  ever 
be  given  by  law  to  any  religious  Societies,  or  modes  of  worship ;  and 
no  religious  test  shall  be  required  as  a  qualification  to  any  office  of 
trust  or  profit. 

Sec.  4.  That  elections  shall  be  free  and  equal. 

Sec.  5.  That  in  all  civil  cases,  when  the  value  in  controversy  shall 
exceed  the  sum  of  twenty  dollars,  and  in  all  criminal  cases,  except  in 
petit  misdemeanors  which  shall  be  punished  by  fine  only,  not  exceed- 
ing three  dollars,  in  such  manner  as  the  Legislature  may  prescribe  by 
law;  the  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  G.  That  no  power  of  suspending  the  operation  of  the  laws, 
shall  be  exercised,  except  by  the  Legislature,  or  its  authority. 

Sec.  7.  That  no  man's  particular  services  shall  be  demanded,  or 
property  taken,  or  applied  to  public  use,  without  the  consent  of  his 
representatives,  or  without  a  just  compensation  being  made  therefore. 

Sec.  8.  The  rights  of  the  people,  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches,  and 
seizures,  shall  not  be  violated :  and  no  warrant  shall  issue,  but  upon 
])robable  cause,  supported  by  oath,  or  affirmation,  and  particularly 
describing  the  place  to  be  se«arched,  and  the  persons  or  things  to  be 
seized. 

Sec.  9.  That  the  printing  presses  shall  be  free  to  every  person,  who 
undertakes  to  examine  the  proceedings  of  the  Legislature,"  or  any 
branch  of  Government;  and  no  law  shall  ever  be  made  to  restrain 
the  right  thereof.  The  free  communication  of  thoughts,  and  opinions, 
is  one  of  the  invaluable  rights  of  man ;  and  every  citizen  may  freely 
speak,  write,  and  print  on  any  subject,  being  responsible  for  the  abuse 
of  that  liberty. 

Sec.  10.  Li  prosecutions  for  the  publication  of  papers  investigating 
the  official  conduct  of  officers,  or  men  in  a  public  capacity,  or  where 
the  matter  published  is  proper  for  the  public  information,  the  truth 
thereof  may  be  given  in  evidence;  and  in  all  indictments  for  libels, 
the  Jury  shall  have  a  right  to  determine  the  law  and  the  facts,  under 
the  direction  of  the  Court,  as  in  other  cases. 

Sec.  11.  That  all  Courts  shall  be  open,  and  every  person,  for  an 
injury  done  him,  in  his  lands,  goods,  person,  or  reputation  shall  haA'e 
remeciy  by  the  due  course  of  law;  and  right  and  justice  administered 
without  denial  or  delay. 


Indiana— 1816  1059 

Sec.  12.  That  no  person  arrested,  or  confined  in  jail,  shall  be 
treated  Avith  unnecessary  rigor,  or  be  put  to  answer  any  criminal 
charge,  but   by  presentment,  indictment   or  impeachment. 

Sec.  13.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right 
to  be  heard  by  himself  and  counsel,  to  demand  the  nature  and  cause 
of  the  accusation  against  him,  and  to  have  a  copy  thereof:  to  meet 
the  witnesses  face  to  face,  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor,  and  in  prosecution  by  indictment  or  present- 
ment a  speedy  public  trial  by  an  impartial  Jury  of  the  county  or  dis- 
trict in  which  the  offense  shall  have  been  committed ;  and  shall  not  be 
compelled  to  give  evidence  against  himself  nor  shall  be  twice  put  in 
jeopardy  for  the  same  offense. 

Sec.  14.  That  all  persons  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offenses,  when  the  proof  is  evident,  or  the  presump- 
tion great ;  and  the  privilege  of  the  writ  of  Jiahcds  corpus  shall  not  be 
suspended,  unless,  in  case  of  rebellion  or  invasion,  the  public  safety 
may  require  it. 

Sec.  15.  Excessive  bail  shall  not  be  required,  excessive  fines  shall 
not  be  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

Sec.  IC).  All  penalties  shall  be  proportioned  to  the  nature  of  the 
offense. 

Sec.  17.  The  person  of  a  debtor,  where  there  is  not  strong  presump- 
tion of  fraud,  shall  not  be  continued  in  prison,  after  delivering  up  his 
estate  for  the  benefit  of  his  creditor  or  creditors,  in  such  manner  as 
>liall  be  prescribed  by  law. 

Sec.  18.  Xo  ex  post  facto  law,  nor  any  law  impairing  the  validity 
of  contracts,  shall  ever  be  made,  and  no  conviction  shall  work  corrup- 
tion of  blood,  nor  forfeiture  of  estate. 

Sec.  19.  That  the  people  have  a  right  to  assemble  together  in  a 
peaceable  manner,  to  consult  for  their  counnon  good,  to  instruct  their 
representatives,  and  to  apply  to  the  Legislature  for  redress  of 
grievances. 

Sec.  iO.  That  the  people  have  a  right  to  bear  arms  for  the  defense 
of  themselves  and  the  State,  and  that  the  military  shall  be  kept  in 
strict  subordination  to  the  civil  power. 

Sec.  21.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner,  nor  in  time  of  Avar.  l)ut  in  a 
manner  to  be  prescribed  by  law. 

Sec.  22.  That  the  Legislature  shall  not  grant  any  title  of  nobility, 
or  heredity  distinctions,  nor  create  any  office,  the  appointment  to 
which  shall  be  for  a  longer  time  than  good  behavior. 

Sec.  23.  That  emigration  from  the  State  shall  uot  be  prohil)iled. 

Sec.  24.  To  guard  against  any  encroachments  on  the  rights  herein 
retained,  we  declare,  that  everything  in  this  article,  is  excepted  out 
of  the  general  powers  of  Ciovernment,  and  shall  forever  remain 
inviolable. 

.Vr'hci.k  1 1 

The  powers  of  the  Government  of  Luliana  shall  be  divided  into 
three  distinct  departments,  and  each  of  them  be  confided  to  a  separate 
body  of  magistracy,  to-Avit;  Those  which  are  IjegislatiA'e  to  one, 
those  Avhich  are  Executive  to  another,  and  those  Avhich  are  Judiciary 


1000  Imliamt—IStG 

to  another;  and  no  person  or  collection  of  persons,  beinp;  of  one  of 
those  (lepnrtments,  shall  exercise  any  power  properly  attached  to 
eithei'  of  the  others,  except  in  the  instances  herein  expressly  per- 
mitted. 

Artk  I.E   III 

Section  1.  The  Legislative  authority  of  this  State,  shall  be  vested 
in  a  (leneral  Assembly,  which  shall  consist  of  a  Senate,  and  ITonse  of 
Kepresentatives,  both  to  be  elected  by  the  people. 

Sec.  -2.  The  General  Assembly  may,  within  two  years  after  their 
first  meeting,  and  shall,  in  the  year  eighteen  hundred  and  twenty,  and 
every  subsequent  term  of  five  years,  cause  an  enumeration  to  be  made, 
of  all  the  white  male  inhabitants  above  the  age  of  twenty-one  years. 
The  number  of  Eepresentatives  shall,  at  the  several  periods  of  making 
such  enumeration,  be  fixed  by  the  General  Assembly,  and  apportioned 
among  the  several  counties  according  to  the  number  of  white  male 
inhabitants  above  twenty-one  years  of  age  in  each;  and  shall  never  be 
less  than  twenty-five,  nor  greater  than  thirty-six,  until  the  number  of 
Avhite  male  inhaliitants  above  twenty-one  years  of  age  shall  be  twenty- 
two  thousand;  and  after  that  event,  at  such  ratio,  that  the  whole  num- 
ber of  Representatives  shall  never  lie  less  than  thirty-six,  nor  exceed 
one  hundred. 

Sec.  3.  The  Representatives  shall  be  chosen  annually,  by  the  quali- 
fied electors  of  each  county  respectively,  on  the  first  ^Monday  of 
August. 

Sec.  4.  No  person  shall  be  a  Representative,  unless  he  shall  have 
attained  the  age  of  twenty-one  years,  and  shall  be  a  citizen  of  the 
United  States,  and  an  inhabitant  of  this  State,  and  shall  also  have 
resided  within  the  limits  of  the  county,  in  which  he  shall  l)e  chosen, 
one  year  next  preceding  his  election,  if  the  comity  shall  have  been  so 
long  erected,  but  if  not,  then  within  the  limits  of  the  county  or  coun- 
ties out  of  which  it  shall  have  been  taken,  unless  he  shall  have  been 
absent  on  the  public  business  of  the  United  States,  or  of  this  State, 
and  shall  have  paid  a  State  or  county  tax. 

Sec.  5.  The  Senators  shall  be  chosen  for  three  years,  on  the  first 
Monday  in  xAugust,  by  the  qualified  votes  for  Representatives;  and 
on  this  being  convened,  in  consequence  of  the  first  election,  they  shall 
be  divided  by  lot,  from  their  respective  counties,  or  districts,  as  near 
as  can  be,  into  three  classes;  the  seats  of  the  Senators  of  the  first  class 
shall  be  vacated  at  the  expiration  of  the  first  year;  and  the  second 
class,  at  the  expiration  of  the  second  year;  and  of  the  third  class,  at 
the  expiration  of  the  third  year;  so  that  one-third  thereof,  as  near  as 
possible,  may  be  annually  chosen  forever  thereafter. 

Sec.  6.  The  number  of  Senators  shall,  at  the  several  periods  of 
making  the  enumeration  before  mentioned,  be  fixed  by  the  General 
Assembly,  and  apportioned  among  the  several  counties  or  districts,  to 
be  established  by  law,  according  to  the  number  of  white  male  inhabit- 
ants of  the  age  of  twenty-one  years  in  each,  and  shall  never  be  less 
than  one-third,  nor  more  than  one-half  of  the  number  of  Represent- 
atives. 

Sec.  7.  No  person  shall  be  a  Senator,  unless  he  shall  have  attained 
the  age  of  twenty-five  years,  and  shall  be  a  citizen  of  the  United 
States,  and  shall,  next  preceding  the  election,  have  resided  two  years 


Indiana— 1816  1061 

in  the  State,  the  last  twelve  months  of  which  in  the  county  or  district 
in  which  he  may  be  elected,  if  the  county  or  district  shall  have  l^een 
so  long-  erected,  but  if  not,  then  within  the  limits  of  the  county  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  shall  moreover  have  paid  a  State 
or  county  tax. 

Sec.  8.  The  House  of  Representatives,  when  assembled,  shall 
choose  a  Speaker,  and  its  other  officers,  and  the  Senate  shall  choose 
its  officers,  except  the  President,  and  each  shall  be  judges  of  the 
(jiialifications  and  elections  of  its  members,  and  sit  upon  its  own 
adjournments.  Two-thirds  of  each  House  shall  constitute  a  (piormn 
to  do  business,  but  a  smaller  number  may  adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members. 

Sec.  9.  Each  House  shall  keep  a  Journal  of  its  proceedings,  ana 
])ublish  them.  The  yeas  and  nays  of  the  members,  on  any  question, 
shall,  at  the  request  of  any  two  of  them,  be  entered  on  the  Journals. 

Sec.  10.  Anyone  member  of  either  House  shall  have  liberty  to 
dissent  from,  and  protest  against,  any  act  or  resolution  which  he  may 
think  injurious  to  the  public,  or  any  individual  or  individuals,  and 
have  the  reasons  of  his  dissent  entered  on  the  Journals. 

Sec.  11.  Each  House  may  determine  the  rules  of  its  proceedings, 
])unish  its  members  for  disorderly  behavior,  and,  with  the  concur- 
i-ence  of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the 
same  cause;  and  shall  ha  at  all  other  powers  necessary  for  a  branch  of 
(lie  Legislature  of  a  free  and  indei:»endent  State. 

Sec.  12.  "When  vacancies  happen  in  either  braucli  of  the  General 
Assembly,  the  Governor,  or  person  exercising  the  power  of  (xovernor, 
shall  issue  writs  of  election  to  fill  such  vacancies. 

Sec.  13.  Senators  and  Representatives  shall,  in  all  cases,  except 
treason,  felony,  or  breach  of  the  peace,  be  privileged  from  arrest,  dur- 
ing the  session  of  the  General  Assembly,  and  in  going  to  and  returning 
from  the  same:  and  for  any  speech  or  debate  in  either  House,  they 
shall  not  be  questioned  in  any  other  place. 

Sec.  14.  Each  House  may  punish,  by  imprisonment,  during  their 
session,  any  person,  not  a  member,  who  shall  be  guilty  of  any  disre- 
spect 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. 

Sec  15.  The  doors  of  each  House,  and  of  committees  of  the  whole, 
shall  be  kept  open,  except  in  such  cases  as,  in  the  opinion  of  the 
House,  may  require  secrecy.  Xeither  House  shall,  Avithout  the  con- 
sent of  the  other,  adjourn  for  more  than  two  days,  nor  to  any  other 
place  than  that  in  Avhich  the  two  Houses  shall  be  sitting. 

Sec.  K").  Bills  may  originate  in  either  House,  but  may  be  altered, 
amended,  or  rejected  by  the  other. 

Sec.  it.  Every  bill  shall  be  read  on  three  different  days  in  each 
House,  unless,  iii  case  of  urgency,  two-thirds  of  the  House,  Avhere  such 
bill  may  be  depending,  shall  deem  it  expedient  to  disj^ense  with  this 
rule,  and  every  bill,  having  passed  both  Houses,  shall  l)e  signed  by 
the  President  and  Speaker  of  their  respective  Houses. 

Sec.  is.  The  style  of  the  laws  of  this  State  shall  be,  "  P>e  il  enacted 
bv  the  (Tcneral  Assemblv  of  the  State  of  Indiana."' 


1062  Indiana— 1816 

Sec.  19.  All  bills  for  raising  revenue  shall  originate  in  the  House 
of  Representatives;  but  the  Senate  niav  amend  or  reject,  as  in  other 
bills. 

Sec.  20.  Xo  person,  holding  an}'  office  under  the  authority  of  the 
President  of  the  United  States,  or  of  this  State,  military  offices  ex- 
cepted, shall  be  eligible  to  a  seat  in  either  branch  of  the  General 
Assembly,  unless  he  resign  his  office  previous  to  his  election,  nor 
shall  any  member  of  either  branch  of  the  General  Assembly,  during 
the  time  for  which  he  is  elected,  be  eligible  to  any  office,  the  appoint- 
ment of  which  is  vested  in  the  General  Assembly:  Provided,  That 
nothing,  in  this  Constitution,  shall  be  so  construed,  as  to  prevent  any 
member  of  the  first  session  of  the  first  General  Assembly  from  accept- 
ing any  office  that  is  created  by  this  Constitution,  or  the  Constitution 
of  the  United  States,  and  the  salaries  of  which  are  established. 

Sec.  21'.  Xo  money  shall  be  drawn  from  the  Treasury,  but  in  con- 
sequence of  appropriations  made  by  law. 

Sec.  22.  An  accurate  statement  of  the  receipts  and  expenditures  of 
the  public  moneys  shall  be  attached  to  and  published  with  the  laws, 
at  every  annual  session  of  the  General  Assembly. 

Sec.  23.  The  House  of  Representatives  shall  have  the  sole  power  of 
impeaching;  but  a  majority  of  all  the  members  elected  must  concur 
in  such  impeachment.  All  impeachments  shall  be  tried  by  the  Sen- 
ate, and  when  sitting  for  that  purpose,  the  Senators  shall  be  upon 
oath  or  affirmation  to  do  justice  according  to  law  and  evidence.  Xo 
person  shall  be  convicted  without  the  concurrence  of  a  majority  of  all 
the  Senators  elected. 

Sec.  24.  The  Governor,  and  all  civil  officers  of  the  State,  shall  be 
removed  from  office,  on  impeachment  for  and  conviction  of,  treason, 
bribery,  or  other  high  crimes  and  misdemeanors;  but  judgment  in 
such  cases  shall  not  extend  further  than  removal  from  office,  and  dis- 
qualification to  hold  any  office  of  honor,  profit,  or  trust,  mider  this 
State.  The  party,  whether  convicted  or  acquitted  shall,  neA'ertheless, 
be  liable  to  indictment,  trial,  judgment  and  punishment  according  to 
law. 

Sec.  25.  The  first  session  of  the  General  Assembly  shall  commence 
on  the  first  Monday  of  Xovember  next,  and  forever  after  the  General 
Assembly  shall  meet  on  the  first  ]\ronday  in  December  in  every  year, 
and  at  no  other  period,  unless  directed  by  law.  or  provided  for  by 
this  Constitution. 

Sec.  2C).  Xo  person,  who  hereafter  may  be  a  collector,  or  holder  of 
public  money,  shall  have  a  seat  in  either  house  of  the  General  Assem- 
l)ly.  until  such  person  shall  have  accounted  for,  and  paid  into  the 
Treasury  all  sums  for  which  he  may  be  accountable. 

Article  IV 

Section  1.  The  Supreme  Executive  power  of  this  State  shall  be 
vested  in  a  Governor,  who  shall  be  styled,  the  Governor  of  the  State 
of  Indiana. 

Sec.  2.  The  Governor  shall  be  chosen  by  the  qualified  electors  on 
the  first  Monday  in  August,  at  the  places  where  they  shall  respectively 
vote  for  Representatives.  The  returns  of  every  election  for  Governor 
shall  be  sealed  up  and  transmitted  to  the  seat  of  Government,  directed 
1o  the  S|)<'alcer  of  the  House  of  Representatives,  who  shall  open  and 


I 


Indiana— ISIO  1063 

j)ublisli  them  in  the  presence  of  both  Houses  of  the  General  Assembly, 
The  ])erson  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  the  members  of  both 
Houses.  Contested  elections  shall  be  determined  by  a  committee,  to 
be  selected  from  both  Houses  of  the  General  Assembly,  and  formed 
and  regulated  in  such  manner  as  shall  be  directed  by  law. 

Sec.  o.  The  Governor  shall  hold  his  office  during  three  years,  from 
and  after  the  third  day  of  the  First  Session  of  the  General  Assembly 
next  ensuing  his  election,  and  until  a  successor  shall  be  chosen  and 
qualified,  and  shall  not  be  capable  of  holding  it  longer  than  six  years 
in  any  term  of  nine  years. 

Sec.  4.  He  shall  be  at  least  thirty  years  of  age,  and  shall  have  been 
a  citizen  of  the  United  States  ten  years,  and  have  resided  in  the  State 
five  years  next  preceding  his  election ;  unless  he  shall  have  been  absent 
on  the  business  of  the  State,  or  of  the  United  States:  Provided.,  That 
this  shall  not  disqualify  any  person  from  the  office  of  Governor,  who 
shall  be  a  citizen  of  the  United  States,  and  shall  have  resided  in  the 
Indiana  Territory  two  years  next  preceding  the  adoption  of  this 
Constitution, 

Sec.  5.  No  member  of  Congress,  or  person  holding  any  office  under 
the  United  States,  or  this  State,  shall  exercise  the  office  of  Governor, 
or  Lieutenant-Governor. 

Sec.  0.  The  Governor  shall,  at  stated  times,  receive  for  his  services 
a  compensation,  which  shall  neither  be  increased  nor  diminished  dur- 
ing the  term  for  which  he  shall  have  been  elected. 

Sec.  7.  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,  but  he  shall  not  command  per- 
sonally in  the  field,  unless  he  shall  be  advised  so  to  do.  by  a  resolu- 
tion of  the  General  Assembly. 

Sec.  8.  He  shall  nominate,  and.  by  and  M'ith  the  advice  and  consent 
of  the  Senate,  appoint  and  connnission  all  officers,  the  appointment  of 
which  is  not  otherwise  directed  by  this  Constitution,  and  all  offices 
which  may  be  created  by  the  General  Assembly  shall  be  filled  in  sucli 
manner  as  may  be  directed  by  law. 

Sec.  9.  Vacancies  that  may  happen  in  offices,  the  appointment  of 
which  is  vested  in  the  Governor  and  Senate,  or  in  the  General  Assem- 
bly, shall  l)e  filled  by  the  Governor,  during  the  recess  of  the  General 
Assembly,  by  granting  commissions  that  shall  expire  at  the  end  of 
the  next  session. 

Sec.  10.  He  shall  have  power  to  remit  hues  and  forfeitures,  grant 
reprieves  and  pardons,  except  in  cases  of  impeachments. 

Sec.  11.  He  may  require  information  in  writing,  from  the  officers  in 
the  executive  departments,  upon  any  subject  relating  to  the  duties  of 
their  respective  offices. 

Sec.  12.  He  shall,  from  time  to  time,  give  to  the  General  Assembly 
information  of  the  affairs  of  the  State,  and  reconmiend  to  their  con- 
sideration such  measures  as  he  shall  deem  expedient. 

Sec.  13.  Pie  may,  in  extraordinary  occasions,  convene  the  General 
Assembly  at  the  seat  of  government,  or  at  a  different  place,  if  that 
shall  haA^e  become,  since  their  last  adjournment,  dangerous  from  an 
enemy  or  from  contagious  disorders,  and  in  case  of  a  disagreement 
Ijctween  the  two  Houses  with  respect  to  the  time  of  adjournment, 


1UG4  Indiana — Ib'KJ 

adjourn  them  lo  such  time  as  he  shall  think  proper  not  l)OYon(l  the 
time  of  their  next  annual  session. 

Sec,  14.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  15.  A  Lieutenant-Ciovernor  shall  be  chosen  at  every  election 
for  Governor,  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  whom  they 
vote  for  as  Governor  and  whom  as  Lieutenant-Governor. 

Sec.  16.  He  shall,  by  virtue  of  his  office,  be  President  of  the  Senate, 
have  a  right,  when  in  Committee  of  the  Whole,  to  debate  and  vote 
on  all  subjects,  and,  when  the  Senate  are  equally  divided,  to  give  the 
casting  vote. 

Sec.  17.  In  case  of  impeachment  of  the  Governor,  his  removal  from 
office,  death,  refusal  to  qualify,  resignation,  or  absence  from  the  State, 
the  Lieutenant-Governor  shall  exercise  all  the  powers  and  authority 
appertaining  to  the  office  of  (xovernor  until  another  be  duly  qualified, 
or  the  Governor  absent  or  impeached  shall  return  or  be  acquitted. 

Sec.  18.  Whenever  the  Government  shall  be  administered  by  the 
Lieutenant-Governor,  or  he  shall  1)e  nnable  to  attend  as  President  of 
the  Senate,  the  Senate  shall  elect  one  of  their  own  members  as  Presi- 
dent for  that  occasion.  And  if,  during  the  vacancy  of  the  office  of 
Governor,  the  Lieutenant-Governor  shall  be  impeached,  removed 
from  office,  refuse  to  qualify,  resign,  die,  or  be  absent  from  the  State, 
the  President  of  the  vSenate  pro  tern,  shall  in  like  manner  administer 
the  Government  until  he  shall  be  superseded  by  a  Governor  or  Lien- 
tenant-Governor.  The  Lieutenant-Governor,  while  he  acts  as  Presi- 
dent of  the  Senate,  shall  receive  for  his  services  the  same  compensa- 
tion which  shall  for  the  same  period  be  allowed  to  the  Speaker  of  the 
House  of  Representatives,  and  no  more;  and  during  the  time  he  ad- 
ministers the  Government,  as  Governor,  shall  receive  the  same  com- 
pensation which  the  Governor  would  have  received  and  been  entitled 
to  had  he  been  employed  in  the  duties  of  his  office,  and  no  more. 

Sec.  19.  The  President  pro  tempore  of  the  Senate,  during  the  time 
he  administers  the  Government,  shall  receive  in  like  manner  the 
same  compensation  which  the  Governor  would  have  received  had  he 
been  employed  in  the  duties  of  his  office,  and  no  more. 

Sec.  20.  If  the  Lieutenant-Governor  shall  be  called  upon  to  admin- 
ister the  Government,  and  shall,  while  in  such  administration,  re- 
sign, die,  or  be  absent  from  the  State  during  the  recess  of  the 
General  Assembly,  it  shall  be  the  duty  of  the  Secretary  of  State  for 
the  time  being  to  convene  the  Senate  for  the  purpose  of  choosing  a 
President  pro  teyripore. 

Sec.  21.  A  Secretary  of  State  shall  be  chosen  by  the  joint  ballot  of 
both  houses  of  the  General  Assembly,  and  be  commissioned  by  the 
Governor  for  four  years,  or  until  a  new  Secretary  be  chosen  and 
qualified.  He  shall  keep  a  fair  register,  and  attest  all  the  official 
acts  and  proceedings  of  the  Governor,  and  shall,  when  required,  lay 
the  same  and  all  papers,  minutes  and  vouchers  relative  thereto  before 
either  House  of  the  General  Assembly,  and  shall  perform  such  other 
duties  as  may  be  enjoined  him  by  law. 

Sec.  22.  Every  bill,  which  shall  have  passed  both  Houses  of  the 
General  Assembly,  shall  be  j^resented  to  the  Governor;  if  he  approves, 
he  shall  sign  it ;  but  if  not,  he  shall  return  it.  with  his  objections,  to 


Liduuia—ISIG  1005 

the  House  in  which  it  [mayj  have  ()ri<i-inaled.  who  shall  enter  the 
objections  at  hirge  upon  their  Journals  and  proceed  to  reconsider  it; 
if  after  such  reconsiderations,  a  majority  of  all  the  members  elected 
to  that  House  shall  agree  to  pass  the  bill,  it  shall  be  sent.  Avith  the 
objections,  to  the  other  House,  by  which  it  shall  likewise  be  reconsid- 
ered, and  if  approved  by  a  majority  of  all  the  members  elected  to  that 
House,  it  shall  be  a  law;  but,  in  such  cases,  the  votes  of  both  Houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  the  persons 
voting  for.  and  against  the  bill,  shall  be  entered  on  the  Journals  of 
each  House  respectively.  If  any  bill  shall  not  be  returned  by  the 
Governor  within  five  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  it  shall  be  a  law.  in  like  manner  as  if  he  had 
signed  it ;  unless  the  general  adjournment  prevents  its  return,  in 
which  case  it  shall  be  a  law.  unless  sent  back  within  three  days  after 
their  next  meeting. 

Sec.  23.  Every  resolution,  to  which  the  convenience  of  both  Houses 
may  be  necessary,  shall  l)e  presented  to  the  Governor,  and  before  it 
shall  take  effect,  be  approved  by  him,  or  being  disapproved,  shall  be 
repassed  by  a  majority  of  all  the  members  elected  to  both  Houses, 
according  to  the  rules  and  limitations  prescribed  in  case  of  a  bill. 

Sec.  24.  There  shall  be  elected,  by  joint  ballot  of  both  Houses  of 
the  General  Assembly,  a  Treasurer  and  Auditor,  whose  powers  and 
duties  shall  be  prescribed  by  law.  and  who  shall  hold  their  offices 
three  years,  and  until  their  successors  be  a])pointed  and  qualified. 

Sec.  2.").  There  shall  be  elected  in  each  county,  by  the  qualified 
electors  thereof,  one  Sheriff,  and  one  Coroner,  at  the  times  and  places 
of  holding  elections  for  members  of  the  General  Assembly.  They 
shall  continue  in  office  tAvo  years,  and  until  successors  shall  be  chosen 
and  duly  qualified:  Prorided^  That  no  person  shall  be  eligible  to  the 
office  of  Sheriff  more  than  four  years  in  any  term  of  six  years. 

Sec.  20.  There  shall  be  a  seal  of  this  State,  which  shall  be  kej^t  by 
the  Governor  and  used  by  him  officially,  and  shall  be  called  the  Seiil 
of  the  State  of  Indiana. 

Article  V 

Secttox  1.  The  judiciary  power  of  this  State,  both  as  to  matters 
(»f  law  and  equity,  shall  be  vested  in  one  Suprenu'  Court,  in  Circuit 
Courts,  and  in  such  other  inferior  Courts,  as  the  General  Assembly 
may.  from  time  to  time,  direct  and  establish. 

Sec.  2.  The  Suj^reme  Court  shall  consist  of  three  Judges,  any  two 
of  whom  shall  form  a  quorum,  and  shall  have  appellate  jurisdiction 
only,  which  shall  be  co-extensive  with  the  limits  of  the  State,  under 
such  restrictions  and  regulations  not  repugnant  to  this  Constitution, 
as  may  from  time  to  time  l)e  prescribed  l)y  law:  ProrUJcd,  Nothing  in 
this  article  shall  be  so  consti'ued.  as  to  prevent  the  General  Assembly 
from  giving  the  Supreme  Court  original  jurisdiction  in  (•ai)ital  cases, 
and  cases  in  chancery,  where  the  President  of  the  Circuit  Court  mav 
l*e  interested  or  pivjudiced. 

Sec.  3.  The  Circuit  Courts  shall  each  consist  of  a  President  and  two 
Associate  Judges.  The  State  shall  be  divided,  by  hnv.  into  thre(^ 
circuits,  for  each  of  which  a  President  shall  be  appointed,  who.  dur- 
ing his  continuance  in  office,  shall  reside  therein.     The  President  and 


1U(3()  lii(li(Ui(t     ISUJ 

Associate  .lu(l<j;es,  in  their  respective  counties,  shall  have  common  law 
and  chancery  jurisdiction,  as  also  complete  criminal  jurisdiction  in  all 
such  cases  and  in  such  maimer  as  may  he  ])rescril)ed  hy  hnv.  The 
President  alone,  in  the  ahsence  of  the  Associate  Jucloes.  or  the  Presi- 
dent and  one  of  the  Associate  Judges,  in  the  al)sence  of  the  other, 
shall  he  competent  to  hohl  a  Court,  as  also  the  two  Associate  Ju(l<jes 
in  the  absence  of  the  I^resident,  shall  be  competent  to  hold  a  Court, 
except  in  capital  cases  and  cases  in  chancery:  Prorided.,  That  nothing 
herein  contained  shall  prevent  the  General  Assembly  from  increasing 
the  number  of  circnits  and  Presidents  as  the  exigencies  of  the  State 
may  from  time  to  time  require. 

Sec.  4.  The  Judges  of  the  Supreme  Court,  the  Circuit,  and  other 
inferior  courts  shall  hold  their  offices  during  the  term  of  seven  years, 
if  they  shall  so  long  behave  well,  and  shall  at  stated  times  receive  for 
their  services  a  compensation  which  shall  not  be  diminished  during 
their  continuance  in  office. 

Sec.  5.  The  Judges  of  the  Supreme  Court  shall,  by  virtue  of  their 
offices,  be  conservators  of  the  peace  throughout  the  State,  as  also  the 
Presidents  of  the  Circuit  Courts  in  their  respective  circuits,  and  the 
Associate  Judges  in  their  respectiA^e  counties. 

Sec.  6.  The  Supreme  Court  shall  hold  its  sessions  at  the  seat  of 
government,  at  such  times  as  shall  be  prescribed  by  law ;  and  the  Cir- 
cuit Courts  shall  be  held  in  the  respective  counties  as  may  be  directed 
by  law. 

Sec.  T.  The  Judges  of  the  Supreme  Court  shall  be  appointed  by 
the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate.  The 
Presidents  of  the  Circuit  Courts  shall  be  appointed  by  joint  ballot 
of  both  branches  of  the  General  Assembly,  and  the  Associate  Judges 
of  the  Circuit  Courts  shall  be  elected  by  the  qualified  electors  in  the 
respective  counties. 

Sec.  8.  The  Supreme  Court  shall  appoint  its  own  Clerk,  and  the 
Clerks  of  the  Circuit  Court  in  the  several  counties  shall  be  elected  by 
the  qualified  electors  in  the  several  counties,  but  no  person  shall  be 
eligible  to  the  office  of  Clerk  of  the  Circuit  Court  in  any  county  unless 
he  shall  first  have  obtained,  from  one  or  more  of  the  Judges  of  the 
Supreme  Court,  or  from  one  or  more  of  the  Presidents  of  the  Circuit 
Courts,  a  certificate  that  he  is  qualified  to  execute  the  duties  of  the 
office  of  Clerk  of  the  Circuit  Court :  Provided^  That  nothing  herein 
contained  shall  prevent  the  Circuit  Courts  in  each  county  from  ap- 
pointing a  Clerk  pro  tern,  until  a  qualified  Clerk  may  be  duly  elected: 
and  Prorided,  (iho.  That  the  said  Clerks,  respectively,  when  qualified 
and  elected,  shall  hold  their  offices  seven  years,  and  no  longer,  unless 
reappointed. 

Sec.  9.  All  Clerks  shall  be  removable  by  impeachment  as  in  other 
cases. 

Sec.  10.  When  any  vacancies  happen  in  any  of  the  Courts,  oc- 
casioned by  the  death,  resignation  or  removal  from  office  of  any 
Judge  of  the  Supreme  or  Circuit  Courts,  or  any  of  the  Clerks  of  the 
said  Courts,  a  successor  shall  be  appointed  in  the  same  manner  a^ 
herein  before  prescribed,  who  shall  hold  his  office  for  the  period 
which  his  predecessor  had  to  serve,  and  no  longer,  unless  reap])ointed. 

Sec.  11.  The  style  of  all  process  shall  be  "  the  State  of  Indiana :  "' 
all  prosecutions  shall  be  carried  on  in  the  name  and  by  the  authority 


Indiana— 1816  1067 

of  the  State  of  Indiana;  and  all  indictments  shall  coincide  against 
the  peace  and  dignity  of  the  same. 

Sec.  12.  A  competent  number  of  Justices  of  the  Peace  shall  be 
elected  by  the  qualified  electors  in  each  township  in  the  several  coun- 
ties, and  shall  continue  in  office  five  years,  if  they  shall  so  long 
behave  well,  whose  powers  and  duties  shall  from  time  to  time  be  reg- 
ulated and  defined  by  law. 

Article  VI 

Section  1.  In  all  elections,  not  otherwise  provided  for  by  this 
Constitution,  every  white  male  citizen  of  the  United  States,  of  the 
age  of  twentj^-one  years  and  upwards,  who  has  resided  in  the  State 
one  year  immediately  preceding  such  election  shall  be  entitled  to 
vote  in  the  county  where  he  resides ;  except  such  as  shall  be  enlisted 
in  the  armies  of  the  United  States  or  their  allies. 

Sec.  2.  All  elections  shall  be  by  ballot:  Provided,  That  the  Gen- 
eral Assembly  may.  if  they  deem  it  more  expedient,  at  their  session 
in  eighteen  hundred  and  twenty-one  change  the  mode  so  as  to  vote 
viva  voce,  after  which  time  it  shall  remain  unalterable. 

Sec.  3.  Electors  shall  in  all  cases,  except  treason,  felony,  or  breach 
of  the  peace,  be  free  from  arrest  in  going  to,  during  their  attendance 
at,  and  in  returning  home  from  elections. 

Sec.  4.  The  General  Assembly  shall  have  full  power  to  exclude 
from  electing,  or  being  elected,  any  person  convicted  of  any  infamous 
crime. 

Sec.  5.  Nothing  in  this  article  shall  be  so  construed  as  to  prevent 
citizens  of  the  United  States  wdio  were  actual  residents  at  the  time  of 
adopting  this  Constitution,  and  who,  by  the  existing  laws  of  this 
Territory,  are  entitled  to  vote,  or  persons  who  have  been  absent  from 
home  on  a  visit  or  necessary  business,  from  the  privilege  of  electors. 

Article  VII 

Section  1.  The  militia  of  the  State  ofTndiana  shall  consist  of  all 
free,  able-bodied  male  persons;  negroes,  mulattoes  and  Indians  ex- 
cepted, resident  in  the  said  State,  between  the  ages  of  eighteen  and 
forty-five  years,  except  such  persons  as  now  are  or  hereafter  may  be 
exempted  by  the  laws  of  the  United  States  or  of  this  State ;  and  shall 
be  armed,  equipped  and  trained  as  the  General  Assembly  may  pro- 
vide by  law\ 

Sec.^  2.  No  person  or  persons  conscientiously  scrupulous  of  bear- 
ing arms  shall  be  compelled  to  do  militia  duty:  Pi'ovided,  Such  per- 
son or  persons  shall  pay  an  equivalent  for  such  exemption;  which 
equivalent  shall  be  collected  annually  by  a  civil  officer,  and  be  here- 
after fixed  by  law,  and  shall  be  equal,  as  near  as  may  be,  to  the  lowest 
fines  assessed  on  those  privates  in  the  militia  who  may  neglect  or 
refuse  to  perform  militia  duty. 

Sec.  8.  Captains  and  subalterns  shall  be  elected  by  those  persons 
in  their  respective  com]:)any  districts  who  are  subject  to  perform 
militia  duty,  and  the  Captain  of  each  company  shall  appoint  the 
non-commissioned  officers  to  said  company. 

Sec.  4.  Majors  shall  be  elected  by  those  persons  within  the  bounds 

7252— VOL.  2—07 13 


1068  Indiana— 1816 

of  their  respective  battalion  districts  subject  to  perform  militia  duty ; 
and  Colonels  shall  be  elected  by  those  persons  within  the  bounds  of 
their  respective  regimental  districts  subject  to  perforui  militia  duty. 

Sec.  5.  Brigadier-Generals  shall  be  elected  by  the  commissioned 
ojfficers  within  the  bounds  of  their  respective  brigades,  and  Major- 
Generals  shall  be  elected  by  the  commissioned  officers  within  the 
bounds  of  their  respective  divisions. 

Sj:c.  6.  Troops  and  squadrons  of  cavalry  and  companies  of  artillery, 
riflemen,  grenadiers  or  light  infantry,  may  be  formed  in  the  said 
State  in  such  manner  as  shall  be  prescribed  by  law:  Prorided^  how- 
ever^ That  every  troop  or  squadron  of  cavalry,  company  of  artillery, 
riflemen,  grenadiers  or  light  infantry  which  may  hereafter  be  formed 
within  the  said  State  shall  elect  their  own  officers. 

Sec.  7.  The  Governor  shall  appoint  the  Adjutant-General  and 
Quartermaster-Generals,  as  also  his  aides  de  camp. 

Sec.  8.  Major-Generals  shall  appoint  their  aides  de  camp  and  all 
other  division  staff  officers.  Brigadier-Generals  shall  appoint  their 
Brigade  Majors  and  all  other  brigade  staff  officers,  and  Colonels  shall 
appoint  their  regimental  staff  officers. 

Sec.  9.  All  militia  officers  shall  be  commissioned  by  the  Governor 
and  shall  hold  their  commissions  during  good  behavior  or  until  they 
arrive  at  the  age  of  sixty  years. 

Sec.  10.  The  General  Assembly  shall,  by  law,  fix  the  method  of 
dividing  the  militia  of  the  said  State  into  divisions,  brigades,  regi- 
ments, battalions  and  companies,  and  shall  also  fix  the  rank  of  all  staff 
officers. 

Article  VIII 

Section  1.  Every  twelfth  year,  after  this  Constitution  shall  have 
taken  effect,  at  the  general  election  held  for  Governor  there  shall  be 
a  poll  opened  in  which  the  qualified  electors  of  the  State  shall 
express,  by  vote,  whether  they  are  in  favor  of  calling  a  convention  or 
not;  and  if  there  should  be  a  majority  of  all  the  votes  given  at  such 
election  in  favor  of  a  convention,  the  Governor  shall  inform  the  next 
General  Assembly  thereof,  wdiose  duty  it  shall  be  to  provide,  by  law, 
for  the  election  of  the  members  to  the  convention,  the  number  thereof, 
and  the  time  and  place  of  their  meeting,  which  law  shall  not  be 
passed  unless  agreed  to  by  a  majority  of  all  the  members  elected  to 
both  branches  of  the  General  Assembly,  and  wdiich  convention,  when 
met,  shall  have  it  in  their  powder  to  raise,  amend  or  change  the  Con- 
stitution. But  as  the  holding  any  part  of  the  human  creation  in 
slavery  or  involuntary  servitude  can  only  originate  in  usurpation  and 
tyranny,  no  alteration  of  this  Constitution  shall  ever  take  place  so  as 
to  introduce  slavery  or  involuntary  servitude  in  this  State  otherwise 
than  for  the  punishment  of  crimes  whereof  the  party  shall  have  been 
duly  convicted. 

Article  IX 

Section  1.  Knowledge  and  learning,  generally  diffused  through  a 
community,  being  essential  to  the  preservation  of  a  free  government, 
and  spreading  the  opportunities  and  advantages  of  education  through 
the  various  parts  of  the  country  being  highly  conducive  to  this  end, 
it  shall  be  the  duty  of  the  General  Assembly  to  provide,  by  law,  for 


Indiana— 1816  1069 

the  improvement  of  such  hinds  as  are  or  hereafter  may  be  granted  by 
the  United  States  to  this  State  for  the  use  of  schools,  and  to  apply 
any  funds  which  may  be  raised  from  such  lands  or  from  any  other 
quarter  to  the  accomplishment  of  the  grand  object  for  which  thej'^ 
are  or  may  be  intended.  But  no  lands  granted  for  the  use  of  schools 
or  seminaries  of  learning  shall  be  sold  by  authority  of  this  State 
])rior  to  the  year  1820;  and  the  moneys  which  may  be  raised  out  of 
the  sale  of  any  such  lands,  or  otherwise  obtained  for  the  purposes 
aforesaid,  shall  be  and  remain  a  fund  for  the  exclusive  purpose  of 
promoting  the  interest  of  literature  and  the  sciences,  and  for  the  sup- 
port of  seminaries  and  public  schools.  The  General  Assembly  shall, 
from  time  to  time,  pass  such  laws  as  shall  be  calculated  to  encourage 
intellectual,  scientifical  and  agricultural  improvements,  by  allowing 
rewards  and  immunities  for  the  promotion  and  improvement  of  arts, 
sciences,  commerce,  manufacture  and  natural  history' ;  and  to  coun- 
tenance and  encourage  the  principles  of  humanity,  honesty,  industry 
and  morality. 

Sec.  2.  It  shall  be  the  duty  of  the  General  Assembly,  as  soon  as 
circumstances  will  permit,  to  provide,  by  law,  for  a  general  system 
of  education,  ascending  in  a  regular  gradation  from  township  schools 
to  a  State  University,  wherein  tuition  shall  be  gratis,  and  equally 
open  to  all. 

Sec.  3.  And  for  the  promotion  of  such  salutary  end,  the  money 
which  shall  be  paid,  as  an  equivalent,  by  persons  exempt  from  mili- 
tary duty,  except  in  times  of  war,  shall  be  exclusively,  and  in  equal 
proportion,  applied  to  the  support  of  County  Seminaries;  also,  all 
fines  assessed  for  any  breach  of  the  penal  laws,  shall  be  applied  to 
said  seminaries  in  the  County  wherein  they  shall  be  assessed. 

Sec.  4.  It  shall  be  the  duty  of  the  General  Assembly,  as  soon  as 
circumstances  will  permit,  to  form  a  penal  code,  founded  on  the  prin- 
ciples of  reformation,  and  not  of  vindictive  justice.  And,  also,  to 
provide  one  or  more  farms  to  be  an  asylum  for  those  persons,  who  by 
reason  of  age.  infirmity,  or  other  misfortunes,  may  have  a  claim  upon 
the  aid  and  beneficence  of  society ;  on  such  principles,  that  such  per- 
sons may  therein  find  employment  and  every  reasonable  comfort,  and 
lose  by  their  usefulness,  the  degrading  sense  of  dependence. 

Sec.  5.  The  General  Assembly,  at  the  time  they  lay  off  a  new 
county,  shall  cause  at  least  ten  per  cent,  to  be  reserved  out  of  the  pro- 
ceeds of  the  sale  of  town  lots  in  the  seat  of  justice  of  such  county,  for 
the  use  of  a  public  library  for  such  county,  and  at  the  same  session 
they  shall  incorporate  a  Library  Company  under  such  rules  and  regu- 
lations as  will  best  secure  its  permanence  and  extend  its  benefits. 

Article  X 

Sectiox  1.  There  shall  not  be  established  or  incorporated  in  this 
State,  any  bank  or  banking  company,  or  monied  institution  for  the 
])urpose  of  issuing  bills  of  credit,  or  bills  jiayable  to  order  or  bearer: 
Prorideih  That  nothing  herein  contained  shall  be  so  construed  as 
to  prevent  the  General  Assembly  from  establishing  a  State  Bank,  and 
branches,  not  exceeding  one  branch  for  any  three  counties,  and  be 
established  at  such  place  within  such  counties  as  the  Directors  of  the 
State  Bank  may  select:  Provided.^  There  be  subscribed,  and  paid  in 


1070  Indiana— 1816 

specie,  on  the  part  of  individuals,  a  sum  equal  to  thirty  thousand 
dollars:  Provided  also,  That  the  bank  at  Vincennes,  and  the  Farmers' 
and  Mechanics'  Bank  of  Indiana,  at  Madison,  shall  be  considered  as 
incor])orated  banks,  according  to  the  true  tenor  of  the  charters 
granted  to  said  banks  by  the  Legislature  of  the  Indiana  Territory : 
Pj'oinded,  That  nothing  herein  contained  shall  be  so  construed,  as  to 
prevent  the  General  Assembly  from  adopting  either  of  the  aforesaid 
banks  as  the  State  Bank,  and  in  case  either  of  them  shall  be  adopted 
as  the  State  Bank,  the  other  ma}^  become  a  branch  under  the  rules 
and  regulations  hereinbefore  prescribed. 

Article    XI 

Section  1.  Every  person  who  shall  be  chosen  or  appointed  to  any 
office  of  trust  or  profit,  under  the  authority  of  this  State,  shall,  before 
entering  on  the  duties  of  said  office,  take  an  oath  or  affirmation,  be- 
fore any  person  lawfully  authorized  to  administer  oaths,  to  support 
the  Constitution  of  the  United  States,  and  the  Constitution  of  this 
State,  and  also  an  oath  of  office. 

Sec.  2.  Treason  against  this  State  shall  consist  only  in  levying 
war  against  it,  in  adhering  to  its  enemies,  or  giving  them  aid  and 
comfort. 

Sec.  3.  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. 

Sec.  4.  The  manner  of  administering  an  oath,  or  affirmation,  shall 
be  such  as  is  most  consistent  with  the  conscience  of  the  deponent,  and 
shall  be  esteemed  the  most  solemn  appeal  to  God. 

Sec.  5.  Every  person  shall  be  disqualified  from  serving  as  Gov- 
ernor, Lieutenant  Governor,  Senator,  or  Representative,  for  the  term 
for  which  he  shall  have  been  elected,  who  shall  have  been  convicted 
of  having  given,  or  offered  any  bribe,  treat,  or  reward  to  procure  his 
election. 

Sec.  6.  All  officers  shall  reside  within  the  State;  and  all  district, 
county,  or  town  officers,  within  their  respective  districts,  counties  or 
towns,  (the  trustees  of  the  town  of  Clarksville  excepted,)  and  shall 
keep  their  respective  offices  at  such  places  therein,  as  may  be  directed 
by  law ;  and  all  militia  officers  shall  reside  within  the  bounds  of  the 
division,  brigade,  regiment,  battalion  or  company  to  which  they  may 
severally  belong. 

Sec.  7.  There  shall  be  neither  slavery  nor  involuntary  servitude 
in  this  State,  otherwise  than  for  the  punishment  of  crimes,  whereof 
the  party  shall  have  been  duly  convicted,  nor  shall  any  indenture  of 
any  negro  or  mulatto,  hereafter  made  and  executed  out  of  the  bounds 
of  this  State  be  of  any  validity'  within  the  State. 

Sec.  8.  No  Act  of  the  General  Assembly  shall  be  in  force  until  it 
shall  have  been  published  in  print,  unless  in  cases  of  emergency. 

Sec.  9.  All  commissions  shall  be  in  the  name,  and  by  the  authority 
of  the  State  of  Indiana :  and  sealed  with  the  State  seal,  and  signed  by 
the  Governor  and  attested  by  the  Secretary  of  State. 

Sec.  10.  There  shall  be  elected  in  each  comity  a  Recorder,  who  shall 
hold  his  office  during  the  term  of  seven  years,  if  he  shall  so  long  be- 
have well:  Provided,  That  nothing  herein  contained  shall  prevent  the 
clerks  of  the  Circuit  Courts  from  holding  the  office  of  Recorder, 


Indiana— 1816  1071 

Sec.  11.  Corydon,  in  Harrison  County,  shall  be  the  seat  of  Goy- 
ernment  of  the  State  of  Indiana,  until  the  year  eighteen  hundred  and 
twenty-five,  and  until  removed  by  laAv. 

Sec.  12.  The  General  Assembly,  when  they  lay  off  any  new  county, 
shall  not  reduce  the  old  county,  or  counties,  from  which  the  same  shall 
be  taken  to  a  less  content  than  four  hundred  square  miles. 

Sec.  13.  Xo  person  shall  hold  more  than  one  lucrative  office  at 
the  same  time,  except  as  in  this  Constitution  is  expressly  permitted. 

Sec.  14.  No  person  shall  be  appointed  as  a  county  officer,  within 
any  county,  who  shall  not  have  been  a  citizen  and  an  inhabitant 
therein  one  year  next  preceding  his  appointment,  if  the  county  shall 
have  been  so  long  erected,  but  if  the  county  shall  not  have  been  so  long 
erected,  then  within  the  limits  of  the  county,  or  counties,  out  of  which 
it  shall  have  been  taken. 

Sec.  1.5.  All  town  and  township  officers  shall  be  appointed  in  such 
manner  as  shall  be  directed  by  law. 

Sec.  IC).  The  following  officers  of  Government  shall  not  be  allowed 
greater  annual  salaries  until  the  year  eighteen  hundred  and  nineteen, 
then  as  follows:  The  Governor,  one  thousand  dollars;  the  Secretary 
of  State,  four  hundred  dollars ;  the  Auditor  of  Public  Accounts,  four 
hundred  dollars;  the  Treasurer,  four  hundred  dollars;  the  Judges  of 
the  Supreme  Court,  eight  hundred  dollars  each ;  the  Presidents  of 
the  Circuit  Courts,  eight  hundred  dolars  each :  and  the  members  of 
the  General  Assembly,  not  exceeding  two  dollars  per  day  each,  during 
their  attendance  on  the  same,  and  tAvo  dollars  for  every  twenty-five 
miles  they  shall  severally  travel  on  the  most  usual  route  in  going  to 
and  returning  from  the  General  Assembly;  after  which  time  their 
pay  shall  be  regulated  by  law.  But  no  law,  passed  to  increase  the 
pay  of  the  members  of  the  General  Assembly,  shall  take  effect  until 
after  the  close  of  the  session  at  which  such  law  shall  have  been  passed. 

Sec.  17.  In  order  that  the  boundaries  of  the  State  of  Indiana  may 
more  certainly  be  known  and  established,  it  is  hereby  ordained  and 
declared  that  the  following  shall  be  and  forever  remain  the  boundaries 
of  the  said  State,  to-wit :  Bounded  on  the  east  by  the  meridian  line 
which  forms  the  western  boundar}^  of  the  State  of  Ohio,  on  the 
South  by  the  Ohio  River,  from  the  mouth  of  the  Great  Miami  River, 
to  the  mouth  of  the  River  "Wabash ;  on  the  west  by  a  line  drawn 
along  the  middle  of  the  "Wabash  River  from  its  mouth  to  a  point, 
where  a  due  north  line  drawn  from  the  town  of  Vincennes  would  last 
touch  the  northwestern  shore  of  the  said  Wabash  River;  and  from 
thence  by  a  due  north  line  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  the  said  east  and  west 
line,  until  the  same  shall  intersect  the  first  mentioned  meridian  line, 
which  forms  the  western  boundaiy  of  the  State  of  Ohio. 

Article  XII 

Section  1.  That  no  evils  or  inconveniences  may  arise  from  the 
change  of  a  Territorial  Government  to  a  permanent  State  Govern- 
ment, it  is  declared  by  this  Convention  that  all  rights,  suits,  actions, 
prosecutions,  recognizances,  contracts  and  claims,  both  as  it  respects 
individuals  and  bodies  corporate,  shall  continue  as  if  no  change  had 
taken  in  this  Government. 


1072  Indiana— 181G 

Sec.  2.  All  fines,  penalties  and  forfeitures,  cine,  and  owing  to  the 
Territory  of  Indiana,  or  any  county  therein,  shall  enure  to  the  use  of 
the  State  or  county.  All  bonds  executed  to  the  Governor,  or  any 
other  officer  in  his  official  cai)acity  in  the  Teri-itory,  sluill  })ass  over  to 
the  Governor  or  other  officers  of  the  State  or  county,  and  their  suc- 
cessors in  office,  for  the  use  of  the  State  or  county,  or  by  him  or  them 
to  be  respectively  assigned  over  to  the  use  of  those  concerned,  as  the 
case  may  be. 

Sec.  3.  The  Governor,  Secretary  and  Judges  and  all  other  officers, 
both  civil  and  military,  under  the  Territorial  Government,  shall  con- 
tinue in  the  exercise  of  the  duties  of  their  respective  departments 
until  the  said  officers  are  superseded  under  the  authority  of  this 
Constitution. 

Sec.  4.  All  laws  and  parts  of  laws  now  in  force  in  this  Territory, 
not  inconsistent  with  this  Constitution,  shall  continue  and  remain  in 
full  force  and  effect  until  they  expire  or  be  repealed. 

Sec.  5.  The  Governor  shall  use  his  private  seal  until  a  State  seal 
be  procured. 

Sec.  6.  The  Governor,  Secretary  of  State,  Auditor  of  Public  Ac- 
counts and  Treasurer  shall  severally  reside  and  keep  all  the  public 
records,  books  and  papers  in  any  manner  relating  to  their  respective 
offices  at  the  seat  of  government:  Provided^  notwithstanding^  That 
nothing  herein  contained  shall  be  so  construed  as  to  affect  the  resi- 
dence of  the  Governor  for  the  space  of  six  months,  and  until  build- 
ings suitable  for  his  accommodation  shall  be  procured  at  the  expense 
of  the  State. 

Sec.  7.  All  suits,  pleas,  plaints  and  other  proceedings  now  depend- 
ing in  any  Court  of  Record  or  Justice's  Court  shall  be  prosecuted  to 
final  judgment  and  execution,  and  all  appeals,  writs  of  error,  cer- 
tiorari, injunction  or  other  proceedings  whatsoever,  shall  progress 
and  be  carried  on  in  the  respective  court  or  courts,  in  the  same  man- 
ner as  is  now  provided  by  law,  and  all  proceedings  had  therein  in  as 
full  and  complete  a  manner  as  if  this  Constitution  were  not  adopted. 
And  appeals  and  writs  of  error  may  be  taken  from  the  Circuit  Court 
and  General  Court  now  established  in  the  Indiana  Territory  to  the 
Supreme  Court  in  such  manner  as  shall  be  i:)rovided  for  by  law. 

Sec.  8.  The  President  of  this  convention  shall  issue  writs  of  elec- 
tion, directed  to  the  several  Sheriffs  of  the  several  counties,  requiring 
them  to  cause  an  election  to  be  held  for  a  Governor,  Lieutenant- 
Governor,  a  Representative  to  the  Congress  of  the  United  States, 
Members  of  the  General  Assembly,  Sheriffs  and  Coroners,  at  the 
respective  election  districts  in  each  county,  on  the  first  Monday  in 
August  next ;  which  election  shall  be  conducted  in  the  [manner]  pre- 
scribed by  the  existing  election  laws  of  the  Indiana  Territory :  and  the 
said  Governor,  Lieutenant-Governor,  Members  of  the  General  As- 
sembly, Sheriffs  and  Coroners,  then  duly  elected,  shall  continue  to 
exercise  the  duties  of  their  respective  offices  for  the  time  prescribed 
by  this  Constitution,  and  until  their  successor  or  successors  are  quali- 
fied, and  no  longer. 

Sec.  9.  Until  the  first  enumeration  shall  be  made,  as  directed  by 
this  Constitution,  the  county  of  AVayne  shall  be  entitled  to  one  Sen- 
ator and  three  Representatives:  the  county  of  Franklin,  one  Senator 
and  three  Representatives;  the  county  of  of  Dearborn,  one  Senator 
and  two  Representatives;   the  county   of  Switzerland,  one  Repre- 


Indiana— 1851  1073 

sentative,  and  the  counties  of  Jefferson  and  Switzerland,  one  Senator, 
and  the  county  of  Jefferson,  two  Representatives:  the  county  of 
Clark,  one  Senator  and  three  Representatives:  the  county  of  Har- 
rison, one  Senator  and  three  Representatives:  the  counties  of  Wash- 
in^on.  Orange  and  Jackson,  one  Senator,  and  the  county  of  Wash- 
ington, two  Representatives:  the  counties  of  Orange  and  Jackson, 
one  Representative  each;  the  county  of  Knox,  one  Senator  and  three 
Representatives:  the  county  of  Gibson,  one  Senator  and  two  Repre- 
sentatives: the  counties  of  Posey,  Warrick  and  Perry,  one  Senator, 
and  each  of  the  aforesaid  counties  of  Posey,  AVarrick  and  Perry,  one 
Representative. 

Sec.  10.  All  books,  records,  documents,  warrants  and  papers  ap- 
pertaining and  belonging  to  the  office  of  the  Territorial  Treasurer  of 
the  Indiana  Territory,  and  all  moneys  therein,  and  all  papers  and 
documents  in  the  office  of  the  Secretary  of  said  Territory,  shall  be 
disposed  of  as  the  General  Assembly  of  this  State  may  direct. 

Sec.  11.  All  suits,  actions,  pleas,  plaints,  prosecutions  and  causes 
whatsoever,  and  all  records,  books,  papers  and  documents  now  in  the 
General  Court,  may  be  transferred  to  the  Supreme  Court  established 
by  this  Constitution.  And  all  causes,  suits,  actions,  pleas,  ))laints  and 
prosecutions  whatsoever  now  existing  or  pending  in  the  Circuit 
Courts  of  this  Territory,  or  which  may  be  therein  at  the  change  of 
government,  and  all  records,  books,  papers  and  documents  relating  to 
the  said  suits  or  filed  in  the  said  courts  may  be  transferred  over  to 
the  Circuit  Courts  established  by  this  Constitution,  under  such  rules 
and  regulations  as  the  General  Asseml)ly  may  direct. 

Done  in  convention,  at  Corydon.  on  the  twenty-ninth  day  of  June, 
in  the  year  of  our  Lord  eighteen  hundred  and  sixteen,  and  of  the 
Independence  of  the  United  States  the  fortieth. 

In  witness  whereof,  We  have  hereunto  subscribed  our  names. 

Jonathan  Jennings, 
President  of  the  Convention  and  Delegate  from  the  County  of  Clarh. 

AViLLiAM  Hendricks,  Secretary. 


CONSTITUTION  OF  INDIANA— 1851  * 

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. 

Article  I 

BILL   OF    RIGHTS 

Section  1.  We  declare  that  all  men  are  created  equal;  that  they 
are  endowed  by  their  Creator  w'ith  certain  unalienable  rights:  that 

*  Verifiert  from  "The  Constitutions  of  181C»  and  1851  of  the  State  of  Indiana 
and  Aniendiuents.  Claude  Matthews,  Secretary  of  State.  Hy  Authority.  Indian- 
apolis :  Wni.  B.  Burford,  Contractor  for  State  Printing  and  Binding.     18!)1." 


1074  Indiana— 18.51 

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. 

Sec.  2.  All  men  shall  be  secured  in  their  natural  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences. 

Sec.  3.  No  law  shall,  m  any  case  whatever,  control  the  free  exercise 
and  enjoyment  of  religious  opinions,  or  interfere  -with  the  rights  of 
conscience. 

Sec.  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. 

Sec.  5.  No  religious  test  shall  be  required  as  a  qualification  for  any 
office  of  trust  or  profit. 

Sec.  6.  No  money  shall  be  drawn  from  the  treasury  for  the  benefit 
of  any  religious  or  theological  institution. 

Sec.  T.  No  person  shall  be  rendered  incompetent  as  a  witness,  in 
consequence  of  his  opinion  on  matters  of  religion. 

Sec.  8.  The  mode  of  administering  an  oath  or  affirmation  shall  be 
such  as  may  be  most  consistent  with,  and  binding  upon,  the  con- 
science of  the  person  to  whom  such  oath  or  affirmation  may  be  admin- 
istered. 

Sec.  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. 

Sec.  10.  In  all  prosecutions  for  libel,  the  truth  of  the  matters 
alleged  to  be  libelous  may  be  given  in  justification. 

Sec.  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. 

Sec.  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  without 
purchase ;  completely,  and  without  denial ;  speedily,  and  without 
delay. 

Sec.  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  otfense  shall  have  been  committed ;  to  be  heard  by  himself  and 
counsel;  to  demand  the  nature  and  cause  of  the  accusation  against 
him,  and  to  have  a  copy  thereof;  to  meet  the  witnesses  face  to  face, 
and  to  have  compulsory  process  for  obtaining  witnesses  in  his  favor. 

Sec.  14.  No  person  shall  be  put  in  jeopardy  twice  for  the  same 
offense.  No  person,  in  any  criminal  prosecution,  shall  be  compelled  to 
testify  against  himself. 

Sec.  15.  No  person  arrested,  or  confined  in  jail,  shall  be  treated 
with  unnecessary  rigor. 


I 


Indiana— 1861  1075 

Sec.  16.  Excessive  bail  shall  not  be  required.  Excessive  fines  shall 
not  be  imposed.  Cruel  and  unusual  punishment  shall  not  be  inflicted. 
All  penalties  shall  be  proportioned  to  the  nature  of  the  offense. 

Sec.  17.  Offenses,  other  than  murder  or  treason,  shall  be  bailable 
by  sufficient  sureties.  Murder  or  treason  shall  not  be  bailable  when 
the  proof  is  evident,  or  the  presumption  strong. 

Sec.  18.  The  penal  code  shall  be  founded  on  the  principles  of 
reformation,  and  not  of  vindictive  justice. 

Sec.  19.  In  all  criminal  cases  whatever,  the  jury  shall  have  the 
right  to  determine  the  law  and  the  facts. 

Sec.  20.  In  all  civil  cases  the  right  of  trial  by  jury  shall  remain 
inviolate. 

Sec.  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. 

Sec.  22.  The  privilege  of  the  debtor  to  enjoy  the  necessary  com- 
forts of  life,  shall  be  recognized  by  wholesome  laws,  exempting  a 
reasonable  amount  of  property  from  seizure  or  sale  for  the  payment 
of  any  debt  or  liability  hereafter  contracted;  and  there  shall  be  no 
imprisonment  for  debt,  except  in  case  of  fraud. 

Sec.  23.  The  General  Assembly  shall  not  grant  to  any  citizen,  or 
class  of  citizens,  privileges  or  immunities  which,  u]:)on  tlie  same  terms, 
shall  not  equally  belong  to  all  citizens. 

Sec.  24.  No  ex  post  facto  law,  or  law  impairing  the  obligation  of 
contract,  shall  ever  be  passed. 

Sec.  25.  No  law  shall  be  passed,  the  taking  effect  of  which  shall 
be  made  to  depend  upon  any  authority,  except  as  provided  in  this 
Constitution. 

Sec.  26.  The  operation  of  the  laws  shall  never  be  suspended  except 
by  the  authority  of  the  General  Assembly. 

Sec.  27.  The  privileges  of  the  writ  of  haheas  corpus  shall  not  be 
suspended,  excejDt  in  case  of  rebellion  or  invasion,  and  then  only  if 
the  public  safety  demand  it. 

Sec.  28.  Treason  against  the  State  shall  consist  onl}^  in  levying 
war  against  it.  and  giving  aid  and  comfort  to  its  enemies. 

Sec.  29.  No  person  shall  be  convicted  of  treason,  except  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  upon  his  con- 
fession in  open  court. 

Sec.  30.  No  conviction  shall  work  corruption  of  blood  or  forfeiture 
of  estate. 

Sec.  31.  No  law  shall  restrain  any  of  the  inhabitants  of  the  State 
from  assembling  together,  in  a  peaceable  mannei-,  to  consult  for  their 
common  good;  nor  from  instructing  their  i-ej^resentatives;  nor  from 
applying  to  the  General  Assembly  for  redress  of  grievances. 

Sec.  32.  The  people  shall  have  a  right  to  bear  arms  for  the  defense 
of  themselves  and  the  State. 

Sec.  33.  The  military  shall  be  kept  in  strict  subordination  to  the 
civil  power. 

Sec.  34.  No  soldier  shall,  in  time  of  jieace,  be  cpiartered  in  any 
house  without  the  consent  of  the  owner;  nor  in  time  of  war  but  in  "a 
manner  to  be  prescribed  by  law. 


1076  lmliana—tsr>l 

Sec.  85.  The  Gcnotal  Assembly  shall  not  «;rant,  any  title  of  nobility, 
nor  confer  hereditary  distinctions. 

Sec.  3(>.   P^niigration  from  the  State  shall  not  be  i)rohil)it(Ml. 

Sec.  87.  There  shall  be  neither  slavery  nor  invohintary  servitude, 
within  the  State,  otherwise  than  for  the  i)nnishment  of  crime,  whereof 
the  party  shall  have  been  duly  convicted.  No  indenture  of  any  negro 
or  mulatto,  made  or  executed  out  of  the  bounds  of  the  State,  shall  be 
valid  within  the  State. 

Article  II 

SUFFRAGE    AND    ELECTION 

Section  1.  All  elections  shall  be  free  and  equal. 

Sec.  2.  In  all  elections  not  otherwise  provided  for  by  this  Consti- 
tution, every  male  citizen  of  the  United  States,  of  the  age  of  twenty- 
one  years  and  upAvards,  who  shall  have  resided  in  the  State  during  the 
six  months,  and  in  the  township  sixty  daj^s,  and  in  the  ward  or  pre- 
cinct thirty  days  immediately  preceding  such  election;  and  every 
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  month,  and  in  the  township  sixty 
days,  and  in  the  ward  or  precinct  thirty  days,  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  town- 
ship or  precinct  where  he  may  reside,  if  he  shall  have  been  duly 
registered  according  to  law. 

Sec.  3.  No  soldier,  seaman  or  marine,  in  the  army  or  navy  of  the 
United  States,  or  their  allies,  shall  be  deemed  to  have  acquired  a  resi- 
dence in  this  State  in  consequence  of  having  been  stationed  within 
the  same ;  nor  shall  any  such  soldier,  seaman  or  marine,  have  the  right 
to  vote. 

Sec.  4.  No  person  shall  be  deemed  to  have  lost  his  residence  in  the 
State  by  reason  of  his  absence  either  on  business  of  the  State  or  of  the 
United  States. 

Sec.  5.  [Stricken  out  by  constitutional  amendment  of  March  24, 
1881.    See  p.  1095.    Note.] 

Sec.  6.  P]very  person  shall  be  disqualified  from  holding  office  dur- 
ing the  term  for  which  he  may  have  been  elected,  who  shall  have 
given  or  offered  a  bribe,  threat,  or  reward  to  procure  his  election. 

Sec.  7.  Every  person  who  shall  give  or  accept  a  challenge  to  fight 
a  duel,  or  Avho  shall  knowingly  carry  to  another  person  such  challenge, 
or  who  shall  agree  to  go  out  of  the  State  to  fight  a  duel,  shall  be 
ineligible  to  any  office  of  trust  or  profit. 

Sec.  8.  The  General  Assembly  shall  have  2:)ower  to  deprive  of  the 
right  of  suffrage,  and  to  render  ineligible  any  person  convicted  of 
an  infamous  crime. 

Sec.  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 
lucrative  office  at  the  same  time,  except  as  in  this  Constitution  ex- 
pressly permitted  :  ProvidefL  That  offices  in  the  militia,  to  Avhich  there 
is  attached  no  annual  salary,  and  the  office  of  Deputy  Postmaster, 


I 

I 


Indiana— 1851  1077 

Avhere  the  compensation  does  not  exceed  ninety  dollars  per  annum, 
shall  not  be  deemed  lucrative;  And  prooided^  also,  That  counties  con- 
taining less  than  one  thousand  polls  may  confer  the  office  of  Clerk, 
Recorder  and  Auditor,  or  any  two  of  said  offices,  u})on  the  same 
person. 

Sec.  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. 

Sec.  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 
continuously,  an  appointment  pro  tempore  shall  not  be  reckoned  a 
part  of  that  term. 

Sec.  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  returning  from  the  same. 

Sec.  13.  All  elections  by  the  people  shall  be  by  ballot ;  and  all 
elections  by  the  General  Assembly,  or  by  either  branch  thereof,  shall 
be   rica  voce. 

Sec.  14.  All  general  elections  shall  be  held  on  the  first  Tuesday 
after  the  first  Monday  in  Novembei-;  but  township  elections  may  be 
held  at  such  time  as  may  be  provided  by  law  :  Proinded,  That  the  Gen- 
eral Assembly  may  provide  by  law  for  the  election  of  all  judges  of 
courts  of  general  or  appellate  jurisdiction,  by  an  election  to  be  held 
for  such  officers  only,  at  which  time  no  other  officer  shall  be  voted 
for;  and  shall  also  provide  for  the  registration  of  all  persons  entitled 
to  vote. 

Article  III 

DISTRinilTION    OF    POWERS 

Section  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  pro- 
vided. 

Article  IV 

LEGISLATIVE 

Section  1.  The  I^egislative  authority  of  the  State  shall  be  vested 
in  a  General  Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives.  The  style  of  everj'^  law  shall  be,  ''  Be  it  enacted  by 
the  General  Assembly  of  the  State  of  Indiana ;  "  and  no  law  shall 
be  enacted  except  by  bill. 

Sec.  2.  The  Senate  shall  not  exceed'fifty,  nor  the  House  of  Repre- 
sentatives one  hundred  members:  and  they  shall  be  cliosen  by  the 
electors  of  the  respective  counties  or  districts  into  which  the  State 
may,  from  time  to  time,  be  divided. 

Sec.  3.  Senators  shall  be  elected  for  the  term  of  four  years,  and 
Representatives  for  the  term  of  two  years,  from  the  day  next  after 
their  general  election:  Proridcd.  hotrerer.  That  the  Senators  elect, 


1078  Indiana— 18/)1 

at  the  second  meetine;  of  the  (leneriil  Assembly  under  this  Constitu- 
tion, shall  be  divided,  by  lot,  into  two  ecjiial  classes,  as  nearly  as  may 
be;  and  the  seats  ol"  Senators  of  the  hrst  class  shall  be  vacated  at  the 
expiration  of  two  years,  and  those  of  the  second  class  at  the  expira- 
tion 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  the  one  or  the 
other  of  the  two  classes,  as  to  keep  them  as  nearly  equal  as  ]iractical)le.  • 

Sec.  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  male  inhabitants  over  the  age 
of  twenty-one  years. 

Sec.  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  male  inhabitants,  above  twenty-one  years  of  age, 
wi  each:  Provided.,  That  the  first  and  second  elections  of  members  of 
the  General  Assembly,  under  this  Constitution,  shall  bt^  according  to 
the  apportionment  last  made  by  the  General  Assembly  before  the 
adoption  of  this  Constitution. 

Sec.  6.  A  Senatorial  or  Representative  district,  where  more  than 
one  county  shall  constitute  a  district,  shall  be  composed  of  contigu- 
ous counties ;  and  no  county,  for  Senatorial  apportionment,  shall  ever 
be  divided. 

Sec.  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 
inhabitant  of  this  State,  and  for  one  year  next  preceding  his  election, 
an  inhabitant  of  the  county  or  district  whence  he  may  be  chosen. 
Senators  shall  be  at  least  twenty-five,  and  Representatives  at  least 
twenty-one  years  of  age. 

Sec.  8.  Senators  and  Representatives,  in  all  cases  except  treason, 
felony,  and  breach  of  the  peace,  shall  be  privileged  from  arrest  dur- 
ing the  session  of  the  General  Assembly,  and  in  going  to  and  return- 
ing from  the  same;  and  shall  not  be  subject  to  any  civil  process  dur- 
ing 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. 

Sec.  9.  The  sessions  of  the  General  Assembly  shall  be  held  bien- 
nially, at  the  capital  of  the  State,  commencing  on  the  Thursday  next 
after  the  first  Monday  of  January,  in  the  year  one  thousand  eight 
hundred  and  fifty-three,  and  on  the  same  day  of  every  second  year 
thereafter,  unless  a  diiferent  day  or  place  shall  have  been  appointed 
by  law.  ]3ut  if,  in  the  opinion  of  the  Governor,  the  public  welfare 
shall  require  it,  he  may,  at  any  time,  by  proclamation,  call  a  special 
session. 

Sec.  10.  Each  House,  when  assembled,  shall  choose  its  own  officers 
(the  President  of  the  Senate  excepted),  judge  the  elections,  qualifi- 
cations and  returns  of  its  own  members,  determine  its  rules  of  pro- 
ceeding, and  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. 


Indiana— 1851  1079 

Sec.  11.  Two-thirds  of  each  House  shall  constitute  a  quorum  to  do 
business;  but  a  smaller  number  may  meet,  adjourn  from  day  to  daj^, 
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. 

Sec.  I'l.  P^ach  House  shall  keep  a  journal  of  its  proceedings,  and 
publish  the  same.  The  yeas  and  nays,  on  any  (juestion,  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. 

Sec.  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. 

Sec.  14.  Either  House  may  punish  its  members  for  disorderly  be- 
havior, and  may,  with  the  concurrence  of  two-thirds,  expel  a  member ; 
but  not  a  second  time  for  the  same  cause. 

Sec.  15.  Either  House,  during  its  session,  may  punish,  by  imprison- 
ment, any  person  not  a  member,  Avho  shall  have  been  guilt}^  of  disre- 
spect to  the  House,  by  disorderly  or  contemptuous  behavior  in  its 
presence;  but  such  imprisonment  shall  not,  at  any  time,  exceed 
twenty-four  hours. 

Sec.  16.  Each  House  shall  have  all  powers  necessary  for  a  branch 
of  the  legislative  department  of  a  free  and  independent  State. 

Sec.  17.  Bills  may  originate  in  either  House,  but  ma}^  be  amended 
or  rejected  in  the  other,  except  that  bills  for  raising  revenue  shall 
originate  in  the  House  of  Representatives, 

Sec.  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. 

Sec.  19.  Every  act  shall  embrace  but  one  subject,  and  matters  prop- 
erly 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. 

Sec.  20.  Every  act  and  joint  resolution  shall  be  plainly  worded, 
avoiding,  as  far  as  practicable,  the  use  of  technical  terms. 

Sec.  21.  Xo  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. 

Sec.  22.  The  General  Assembly  shall  not  pass  local  or  special  laws 
in  any  of  the  following  enumerated  cases,  that  is  to  sav: 

Kegulating  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; 


1080  Indiana— 1851 

Providinof  for  chanj^iiiju:  the  venue  in  civil  and  criminal  cases; 

Grant in<>- divorces; 

Chan<>in<i"  tlie  names  of  j^ersons; 

For  layin<j:  out,  opening  and  Avorkin*;  on,  liiglnvays,  and  for  the 
election  or  aj)i)ointmenl  of  sui)ervisors; 

A"acatin<i'  roads,  town  plats,  streets,  alleys  and  j)ul)lic  s(|uares: 

Sununoning-  and  impanneling  grand  and  petit  juries,  and  providing 
for  their  compensation ; 

Regulating  county  and  townshiij  business; 

Regulating  the  election  of  county  and  townshij)  oflicers,  and  their 
compensation ; 

P'or  the  assessment  and  collection  of  taxes  for  State,  county,  town- 
ship or  road  purposes; 

l^roviding  for  supporting  common  schools,  and  for  the  preserva- 
tion of  school  funds; 

In  relation  to  fees  or  salaries;  except  that  the  laws  may  be  so 
made  as  to  grade  the  compensation  of  officers  in  proportion  to  the 
population  and  the  necessary  services  required ; 

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,  administrators, 
guardians  or  trustees. 

Sec.  23.  In  all  the  cases  enumerated  in  the  preceding  section,  and  in 
all  other  cases  where  a  general  law  can  be  made  applicable,  all  law^s 
shall  be  general  and  of  uniform  operation  throughout  the  State. 

Sec.  24.  Provisions  may  be  made  by  general  law,  for  bringing 
suits  against  the  State,  as  to  all  liabilities  originating  after  the  adop- 
tion of  this  Constitution;  but  no  special  act  authorizing  such  suit 
to  be  brought,  or  making  compensation  to  any  i:)erson  claiming  dam- 
ages against  the  State,  shall  ever  be  passed. 

Sec.  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 
joint  resolutions  so  passed  shall  be  signed  by  the  presiding  officers  of 
the  respective  houses. 

Sec.  26.  Any  member  of  either  House  shall  have  the  right  to  pro- 
test, and  to  have  his  protest,  with  his  reasons  for  dissent,  entered  on 
the  journal. 

Sec.  27.  Every  statute  shall  be  a  public  law,  unless  otherwise  de- 
clared in  the  statute  itself. 

Sec.  28.  No  act  shall  take  elfect  until  the  same  shall  have  been 
published  and  circulated  in  the  several  counties  of  this  State,  by 
authority,  except  in  case  of  emergency;  which  emergency  shall  be 
declared  in  the  preamble  or  in  the  body  of  the  law. 

Sec.  29.  The  members  of  the  General  Assembly  shall  receive  for 
their  services  a  compensation,  to  be  fixed  by  law;  but  no  increase  of 
compensation  shall  take  effect  during  the  session  at  which  such  in- 
crease may  be  made.  No  session  of  the  General  Assembly,  except  the 
first  under  this  Constitution,  shall  extend  beyond  the  term  of  sixty- 
(me  days,  nor  any  special  session  beyond  the  term  of  forty  days. 

Sec.  30.  No  Senator  or  Representative  shall,  during  the  term  for 
which  he  may  have  been  elected,  be  eligible  to  any  office,  the  election 


Indiana— 1861  1081 

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  such  term; 
but  this  latter  provision  shall  not  be  construed  to  apply  to  any  office 
elective  by  the  people. 

Article  V 

EXEfJTIVE 

Section  1.  The  executive  powers  of  the  State  shall  be  vested  in  a 
(Jovernor.  He  shall  hold  his  office  during  four  j^ears,  and  shall  not 
be  eligible  more  than  four  yeai's  in  any  period  of  eight  years. 

Sec.  t>.  There  shall  be  a  Lieutenant  Governor,  who  shall  hold  his 
office  during  four  years. 

Sec.  3.  The  Governor  and  Lieutenant  Governor  shall  be  elected  at 
the  times  and  places  of  choosing  members  of  the  General  Assembl3\ 

Sec.  4.  In  voting  for  Governor  and  Lieutenant  Governor  the  elect- 
ors 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  Repre- 
sentatives, who  shall  open  and  publish  them  in  the  presence  of  both 
Houses  of  the  General  Assembly. 

Sec.  5.  The  persons,  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  Governor,  as  the  case  may  be. 

Sec.  0.  Contested  elections  for  Governor  or  Lieutenant  Governor 
shall  be  determined  b}'  the  General  Assembly,  in  such  manner  as  may 
be  prescribed  by  law. 

Sec.  7.  Xo  person  shall  be  eligible  to  the  office  of  Governor  or 
Lieutenant  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  3'ears. 

Sec.  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. 

Sec.  9.  The  official  term  of  the  Governor  or  Lieutenant  Governor 
shall  commence  on  the  second  Monday  of  January,  in  the  year  one 
thousand  eight  hundred  and  fifty-three;  and  on  the  same  day  every 
fourth  year  thereafter. 

Sec.  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  (lovernor;  and  the  Gent'i-al 
Assembly  shall,  by  law.  provide  for  the  case  of  renK)val  from  ollice. 
•  leath,  resigiuition,  or  inability,  both  of  the  (xovernor  and  Lieutenant 
(Jovernor,  declaring  what  oflicer  then  shall  act  as  (iovernor;  and  such 
officer  shall  act  accordingly  until  the  disability  be  removed  or  a  Gov- 
ernor be  elected. 


1082  Indiana— 1851 

Sec.  11.  Wlienever  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. 

Sec.  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. 

Sec.  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. 

Sec.  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 
Avhich  it  shall  have  originated,  which  House  shall  enter  the  objec- 
tions at  large  upon  its  journals,  and  proceed  to  reconsider  the  bill. 
If,  after  such  reconsideration,  a  majority  of  all  the  members  elected 
to  that  House  shall  agree  to  pass  the  bill,  it  shall  be  sent,  with  the 
Governor'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  Avithin  three  days,  Sundays  excepted,  after 
it  shall  have  been  presented  to  him,  it  shall  be  a  law  without  his  sig- 
nature, 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 
thereto,  in  the  office  of  the  Secretary  of  State,  who  shall  lay  the  same 
before  the  General  Assembly  at  its  next  session  in  like  manner  as  if 
it  had  been  returned  by  the  Governor.  But  no  bill  shall  be  presented 
to  the  Governor  Avithiii  two  days  next  previous  to  the  final  adjourn- 
ment of  the  General  Assembly. 

Sec.  15.  The  Governor  shall  transact  all  necessary  business  with 
the  officers  of  Government,  and  may  require  any  information  in 
writing  from  the  officers  of  the  administrative  department,  upon  any 
subject  relating  to  the  duties  of  their  respective  offices. 

Sec.  16.  He  shall  take  care  that  the  laws  be  faithfully  executed.     . 

Sec.  17.  He  shall  have  the  power  to  grant  reprieves,  commutations 
and  pardons,  after  conviction,  for  all  offenses  except  treason  and  cases 
of  impeachment,  subject  to  such  regulations  as  may  be  provided  by 
law.  Upon  conviction  for  treason,  he  shall  have  power  to  suspend  the 
execution  of  the  sentence  until  the  case  shall  be  reported  to  the 
General  Assembly  at  its  next  meeting,  Avhen  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  pre- 
scribed by  law,  and  shall  report  to  the  General  Assembly  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,  consti- 
tute a  council,  to  be  composed  of  officers  of  State,  without  Avhose 
advice  and  consent  the  Governor  shall  not  have  power  to  grant  par- 
dons, in  any  case,  except  such  as  may,  by  law,  be  left  to  his  sole  power. 

Sec.  18.  AVlien,  during  a  recess  of  the  General  Assembly,  a  vacancy 
shall  happen  in  any  office,  the  appointment  to  which  is  vested  in  the 


Indiana— 1851  1083 

CJeneral  Assembly,  or  when,  at  any  time,  a  vacancy  shall  have  occurred 
in  any  other  State  office,  or  in  the  office  of  Judge  of  an}'  court,  the 
(iovernor  shall  fill  such  vacancy  b}"  appointment,  which  shall  expire 
when  a  successor  shall  haA'e  been  elected  and  qualified. 

Sec.  19.  He  shall  issue  writs  of  election  to  fill  such  vacancies  as 
may  have  occurred  in  the  General  Assembly. 

Sec.  20,  Should  the  seat  of  Govei^nment  become  dangerous  from 
disease  or  a  common  enemy,  he  may  convene  the  General  Assembly 
at  any  other  place. 

Sec.  21.  The  Lieutenant  Governor  shall,  by  virtue  of  his  office,  be 
President  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. 

Sec.  22.  The  Governor  shall,  at  stated  times,  receive  for  his  serv- 
ices a  compensation  which  shall  neither  be  increased  nor  diminished 
during  the  term  for  which  he  shall  have  been  elected. 

Sec.  23.  The  Lieutenant  Governor,  while  he  shall  act  as  President 
of  the  Senate,  shall  receive  for  his  services  the  same  compensation  as 
the  Speaker  of  the  House  of  Representatives;  and  any  person  acting 
as  Governor  shall  receive  the  compensation  attached  to  the  office  of 
(xovernor. 

Sec.  24.  Neither  the  Governor  nor  Lieutenant  Governor  shall  be 
eligible  to  an}'  other  office  during  the  term  for  which  he  shall  have 
been  elected. 

Article  VI 

ADHriNlSTKATIVE 

Section  1.  There  shall  be  elected  by  the  voters  of  the  State,  a 
Secretary,  an  Auditor,  and  a  Treasurer  of  State,  who  shall  severally 
hold  their  offices  for  two  years.  They  shall  perform  such  duties  as 
may  be  enjoined  by  law ;  and  no  person  shall  be  eligible  to  either  of 
said  offices  more  than  four  years  in  any  period  of  six  years. 

Sec.  2.  There  shall  be  elected  in  each  county,  by,the  voters  thereof, 
at  the  time  of  holding  general  elections,  a  Clerk  of  the  Circuit  Court, 
Auditor,  Recorder.  Treasurer.  Sheriff,  Coroner,  and  Surveyor.  The 
Clerk,  Auditor  and  Recorder  shall  continue  in  office  four  years;  and 
no  i)erson  shall  be  eligible  to  the  office  of  Clerk.  Recorder  or  Auditor 
more  than  eight  years  in  any  period  of  twelve  years.  The  Treasurer, 
Shcrifl',  Coroner,  and  Surveyor,  shall  continue  in  office  two  years; 
and  no  person  shall  be  eligible  to  the  office  of  Treasurer  or  Sheriff 
uiore  than  four  years  in  any  period  of  six  years. 

Sec.  3.  Such  other  county  and  township  officers  as  may  be  neces- 
sary, shall  be  elected  or  appointed,  in  such  manner  as  may  be  pre- 
scribed by  law. 

vSec.  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 
iil)i)()intment,  if  the  county  shall  haA'e  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. 

7252— VOL  2—07 14 


1084  Indiana— 1851 

Sec.  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  the  respective  offices,  at  the  seat  of 
government. 

Sec.  6.  All  county,  township,  and  town  officers  shall  reside  within 
their  respective  counties,  townships,  and  towns,  and  shall  keep  their 
respective  offices  at  such  places  therein,  and  perform  such  duties  as 
may  be  directed  by  law. 

Sec.  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  reso- 
lution of  the  General  Assembly;  two-thirds  of  the  members  elected 
to  each  branch  voting,  in  either  case,  therefor. 

Sec.  8.  All  State,  county,  township,  and  town  officers  may  be  im- 
peached, or  removed  from  office,  in  such  manner  as  may  be  prescribed 
by  law. 

Sec.  9.  Vacancies  in  county,  township,  and  town  offices  shall  be 
filled  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  10.  The  General  Assembly  may  confer  upon  the  Boards  doing 
count}^  business  in  the  several  counties,  powers  of  a  local  adminis- 
trative character. 

Article  VII 

JUDICIAL 

Section  1.  The  Judicial  power  of  the  State  shall  be  vested  in  a 
Supreme  Court,  in  Circuit  Courts,  and  in  such  other  courts  as  the 
General  Assembly  may  establish. 

Sec.  2.  The  Supreme  Court  shall  consist  of  not  less  than  three, 
nor  more  than  five  Judges;  a  majority  of  Avhom  shall  form  a  quorum. 
The}"  shall  hold  their  offices  for  six  years,  if  they  so  long  behave  well. 

Sec.  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 
dividing  a  county,  the  same  can  be  made.  One  of  said  Judges  shall 
be  elected  from  each  district,  and  reside  therein ;  but  said  Judge  shall 
be  elected  by  the  electors  of  the  State  at  large. 

Sec.  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  b}'  law.  It  shall 
also  have  such  original  jurisdiction  as  the  General  Assembly  may 
confer. 

Sec.  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. 

Sec.  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  decision. 

Sec.  T.  There  shall  be  elected  by  the  voters  of  the  State,  a  Clerk 
of  the  Supreme  Court,  Avho  shall  hold  his  office  four  years,  and  whose 
duties  shall  be  prescribed  by  law. 

Sec.  8.  The  Circuit  Courts  shall  each  consist  of  one  judge,  and 
shall  have  such  civil  and  criminal  jurisdiction  as  may  be  prescribed 
bv  law. 


Indiana — 1851  1085 

Sec.  0.  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. 

Sec.  10.  The  General  Assembly  may  provide,  by  law,  that  the 
judge  of  one  circuit  may  hold  the  courts  of  another  circuit,  in  cases  of 
necessity  or  convenience;  and  in  case  of  temporary  inability  of  any 
judge,  from  sickness  or  other  cause,  to  hold  the  courts  in  his  circuit, 
provision  may  be  made,  by  law,  for  holding  such  courts. 

Sec.  11.  There  shall  be  elected,  in  each  judicial  circuit,  by  the 
voters  thereof,  a  prosecuting  attorney,  who  shall  hold  his  office  for 
tAvo  years. 

Sec.  12.  Any  judge  or  prosecuting  attorney,  who  shall  have  been 
convicted  of  corruption  or  other  high  crime,  may,  on  information  in 
the  name  of  the  State,  be  removed  from  office  by  the  Supreme  Court, 
or  in  such  other  manner  as  may  be  prescribed  by  law. 

Sec.  13.  The  judges  of  the  Supreme  Court  and  Circuit  Courts 
shall,  at  stated  times,  receive  a  compensation,  Avhich  shall  not  be 
diminished  during  their  continuance  in  office. 

Sec.  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. 

Sec.  15.  All  judicial  officers  shall  be  conservators  of  the  peace  in 
their  respective  jurisdictions. 

Sec.  16.  No  person  elected  to  any  judicial  office  shall,  during  the 
terms  for  which  he  shall  have  been  elected,  be  eligible  to  any  office  of 
trust  or  profit  under  the  State,  other  than  a  judicial  office. 

Sec.  it.  The  General  Assembly  may  modify  or  abolish  the  Grand 
.lury  system. 

Sec.  18.  All  crimhial  prosecutions  shall  be  carried  on  in  the  name, 
and  by  the  authority  of  the  State;  and  the  style  of  all  processes  shall 
be,  ''  The  State  of  Indiana." 

Sec.  19.  Tribunals  of  conciliation  may  be  established,  with  such 
])owers  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  voluntarily  submit  their  matters  of  difference  and  agree  to  abide 
the  judgment  of  such  tribunal  or  court. 

Sec.  20.  The  General  Assembly,  at  its  first  session  after  the  adop- 
tion of  this  Constitution,  shall  provide  for  the  appointment  of  three 
commissioners  whose  duty  it  shall  be  to  revise,  simplify  and  abridge 
the  rules,  practice,  pleadings  and  forms  of  the  courts  of  justice. 
And  they  shall  provide  for  abolishing  the  distinct  forms  of  action  at 
law  now  in  use;  and  that  justice  shall  be  administered  in  a  uniform 
mode  of  pleading,  without  distinction  between  hiw  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  the  result  of  their 
labors  to  the  General  Assembly,  with  such  recommendations  and  sug- 
gestions, as  to  the  abridgement  and  amendment,  as  to  said  commission- 
ers may  seem  necessary  or  proi)er.    Provision  shall  be  made  by  law  for 


1086  Indiana— 1851 

lillin<i-  vacancies,  regulating  the  tenure  of  office  and  the  compensation 
of  said  connnissioners. 

Sec.  21.  P]very  person  of  good  moral  character,  being  a  voter,  shall 
be  entitled  to  admission  to  practice  law  in  all  courts  of  justice. 

Article  VIII 

EDUCATION 

Section  1.  Knowledge  and  learning  generally  diffused  throughout 
a  community,  being  essential  to  the  preservation  of  a  free  goverinuent, 
it  shall  be  the  dut}^  of  the  General  Assembly  to  encourage,  by  all 
suitable  means,  moral,  intellectual,  scientific  and  agricultural  im- 
provement, and  to  provide  by  law  for  a  general  and  uniform  system 
of  common  schools,  wherein  tuition  shall  be  without  charge,  and 
equally  open  to  all. 

Sec  2.  The  common  school  fund  shall  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  from  the  sale  of  county  seminaries,  and  the 
moneys  and  property  heretofore  held  for  such  seminaries :  from  the 
fines  assessed  for  breaches  of  the  penal  laws  of  the  State;  and  from 
all  forfeitures  which  may  accrue: 

All  lands  and  other  estate  which  shall  escheat  to  the  State  for  want 
of  heirs  or  kindred  entitled  to  the  inheritance ; 

All  lands  that  have  been  or  may  hereafter  Ije  granted  to  the  State, 
Avhere  no  special  jiurpose  is  expressed  in  the  grant,  and  the  proceeds 
of  the  sales  thereof;  including  the  proceeds  of  the  sales  of  the  Swamp 
Lands  granted  to  the  State  of  Indiana  by  the  act  of  Congress,  of  the 
28th  of  September.  1850.  after  deducting  the  expense  of  selecting  and 
draining  the  same : 

Taxes  on  the  property  of  corporations  that  may  be  assessed  by  the 
General  Assembly  for  Common  School  purposes. 

Sec.  3.  The  principal  of  the  Common  School  Fund  shall  remain  a 
perpetual  fund,  which  may  be  increased,  but  shall  never  be  dimin- 
ished; and  the  income  thereof  shall  be  inviolably  appropriated  to 
the  supi:)ort  of  Common  Schools,  and  to  no  other  purpose  Avhatever. 

Sec.  4.  The  General  Assembly  shall  invest,  in  some  safe  and  profit- 
able manner,  all  such  portions  of  the  Common  School  Fund  as  have; 
not  heretofore  been  entrusted  to  the  several  counties:  and  shall  make] 
provisions,  by  law,  for  the  distribution,  among  the  several  counties, 
of  the  interest  thereof. 

Sec.  5.  If  any  county  shall  fail  to  demand  its  proportion  of  such 
interest  for  Common  School  purposes,  the  same  shall  be  reinvested 
for  the  benefit  of  such  county. 

_  Sec.  6.  The  several  counties  shall.be  held  liable  for  the  preserva- 
tion of  so  much  of  the  said  fund  as  may  be  entrusted  to  them,  and  for 
the  payment  of  the  annual  interest  thereon. 

Sec.  T.  All  trust  funds  held  by  the  State  shall  remain  inviolate, 
and  be  faithfully  and  exclusively  applied  to  the  purposes  for  which 
th(»  trust  was  created. 


Indmna—lSol  1087 

Sec.  8.  The  General  Assembly  shall  provide  for  the  election,  bv 
the  voters  of  the  State,  of  a  State  Superintendent  of  Public  Instruc- 
tion, who  shall  hold  his  office  for  two  years,  and  whose  duties  and 
compensation  shall  be  prescribed  by  law. 

Article  IX 

STATE    1  X STrri  TIONS 

Section  1.  It  shall  be  the  duty  of  the  General  Assembly  to  pro- 
vide by  law  for  the  support  of  Institutions  for  the  I^ducation  of  the 
Deaf  and  Dumb,  and  of  the  P)lind;  and,  also,  for  (he  treatment  of 
the  Insane. 

Sec.  2.  The  General  Assemblv  shall  provide  Houses  of  Uefuire  for 
the  correction  and  reformation  of  juvenile  otfenders. 

Sec.  3.  The  Count.v  Boards  shall  have  power  to  provide  farms  as 
an  asylum  for  those  persons  Avho,  by  reason  of  age,  infirmity,  or  other 
misfortune,  have  claims  \\])0\\  the  sympathies  and  aid  of  society. 

Article  X 
nNAN(  i; 

Section  1.  The  General  Asseml)ly  shall  provide,  by  law,  for  a 
uniform  and  equal  rate  of  assessment  and  taxation;  and  shall  pre- 
sci'ibe  such  regulations  as  shall  secure  a  just  valuation  for  taxation 
of  all  property,  both  real  and  personal,  excepting  such  only  for 
municipal,  educational,  literary,  scientific,  religious  or  charitable 
purposes,  as  may  be  specially  exempted  by  law. 

Sec.  2.  All  the  revenues  derived  from  the  sale  of  any  of  the  public 
works  belonging  to  the  State,  and  from  the  net  annual  income  thereof, 
and  an}^  surplus  that  may,  at  any  time,  remain  in  the  Treasury  de- 
rived from  taxation  for  general  State  purposes,  after  the  payment  of 
the  ordinarj^  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  delit. 

Sec.  3.  Xo  money  shall  be  drawn  from  the  Treasury  l)ut  in  pursu- 
ance of  appropriations  made  by  law. 

Sec.  4.  An  accurate  -statement  of  the  receipts  and  expenditures  of 
the  ]:)ublic  money  shall  be  published  with  the  laws  of  each  regular 
session  of  the  General  Assembly. 

Sec.  5.  Xo  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, 
supi^ress  insurrection,  or.  if  hostilities  be  threatened,  provide  for  pub- 
lic defense. 

Sec.  6.  Xo  county  shall  subscribe  for  stock  in  any  incorporated 
company,  unless  the  same  be  paid  for  at  the  time  of  such  subscrip- 
tion; nor  shall  any  county  loan  its  credit  to  any  incorporated  com- 
l^any,  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  townshij).  nor  of 
any  corporation  whatever. 


1088  Jn(Hnn<i-  USr,1 

Sec.  T.  No  law  or  resolution  shall  ever  be  passed  by  the  General 
Assembly  of  the  State  of  Indiana  that  shall  recognize  any  liability  of 
this  State  to  pay  or  redeem  any  certificate  of  stock  issued  in  pursuance 
of  an  act  entitled  "An  act  to  provide  for  the  funded  debt  of  the  State 
of  Indiana,  and  for  the  completion  of  the  Wabash  and  Erie  Canal  to 
Evansville,"  passed  January  19,  1840,  and  an  act  supplemental  to  said 
act  passed  January  29,  1847,  which  by  the  provisions  of  the  said  acts, 
or  either  of  them,  shall  be  payable  exclusively  from  the  proceeds  of 
the  canal  lands,  and  the  tolls  and  revenues  of  the  canal  in  said  acts 
mentioned;  and  no  such  certificates  of  stocks  shall  ever  be  paid  by 
this  State. 

[Note. — Agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two 
houses  of  the  General  Assembly,  Regular  Session  of  1871,  and  referred  to  the 
(xeneral  Assembly  to  be  chosen  at  the  next  general  election.  Agreed  to  by  a 
majority  of  the  members  elected  to  each  house  of  the  General  Assembly,  Special 
Session  of  1872.  Submitted  to  the  electors  of  the  State  by  an  act  approved 
January  28,  187.3.  Ratified  by  a  majority  of  the  electors,  at  an  election  held  on 
the  18th  day  of  February,  187B.  Declared  a  part  of  the  Constitution  by  proc- 
lamation of  Thomas  A.  Hendricks,  (iovernor.  dated  March  7,  1873.] 

Article  XI 

CORPORATIONS 

Section  1.  The  General  Assembly  shall  not  have  power  to  estab- 
lish, or  incorporate  any  bank  or  banking  company,  or  moneyed  insti- 
tution, for  the  purpose  of  issuing  bills  of  credit,  of  bills  payable 
to  order  or  bearer,  except  under  the  conditions  prescril^ed  in  this 
Constitution. 

Sec.  2.  No  bank  shall  be  established  otherwise  than  under  a  general 
banking  law,  except  as  provided  in  the  fourth  section  of  this  article. 

Sec.  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 
officers  of  the  State. 

Sec.  4.  The  General  Assembl}^  may  also  charter  a  bank  with 
branches,  without  collateral  security,  as  required  in  the  preceding 
section. 

Sec.  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. 

Sec.  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. 

Sec.  7.  All  bills  or  notes  issued  as  money,  shall  be.  at  all  times,  re- 
deemable 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. 

Sec.  8.  Holders  of  bank  notes  shall  be  entitled,  in  case  of  insol- 
vency, to  preference  of  payment  over  all  other  creditors. 


In(li(nia—lSf)l  1089 

Sec.  9.  No  bank  shall  receive,  directly  or  indirectly,  a  greater  rate 
of  interest  than  shall  be  allowed  by  law  to  individuals  loaning  nionej^ . 

Sec.  10.  Every  bank,  or  banking  company,  shall  be  required  to 
cease  all  banking  operations  within  twentj^  years  from  the  time  of  its 
organization,  and  promptly  thereafter  to  close  its  business. 

Sec.  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  guaranteed  by  unquestionable 
security. 

Sec.  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. 

Sec.  13.  Corporations,  other  than  banking,  shall  not  be  created  by 
special  act,  but  may  be  formed  under  general  laws. 

Sec.  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. 

Article  XII 

MILITIA 

Sectiox  1.  The  militia  shall  consist  of  all  able-bodied  white  male 
persons  between  the  ages  of  eighteen  and  fort^^-five  years,  except  such 
as  may  be  exempted  by  the  laAvs  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. 

Sec.  2.  The  Governor  shall  appoint  the  ^Vdjutant,  Quartermaster 
and  Commissary  Generals. 

Sec.  3.  All  militia  officers  shall  be  commissioned  by  the  Governor, 
and  shall  hold  their  offices  not  longer  than  six  years. 

Sec.  4.  The  General  Assembly  shall  determine  the  method  of  divid- 
ing the  militia  into  divisions,  brigades,  regiments,  battalions  and 
companies,  and  fix  the  rank  of  all  staff  officers. 

Sec.  5,  The  militia  may  be  divided  into  classes  of  sedentary  and 
active  militia  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  G.  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  amount  to  be  prescribed  by  law. 

Article  XIII  <» 

NEGROES   AND    MULATTOES 

Section  1.  No  negro  or  mulatto  shall  couio  into,  or  settle  in  the  State,  after 
the  adoption  of  this  constitution. 

Sec.  2.  All  contracts  made  with  any  negro  or  mulatto  coming  into  the  State, 
contrary  to  the  provisions  of  the  foregoing  section,  shall  he  void  :  and  any  person 
who  shall  employ  such  negro  or  mulatto,  or  otherwise  encourage  him  to  remain 
in  the  State,  shall  be  fined  in  any  sum  not  less  than  ten  dollars,  nor  more  than 
five  hundred  dollars. 


o  Article  XIII    (before  amendment  of  1881) 


1090  Indiana— 1851 

Six'.  ."..  All  finos  whif-h  may  ho  collcclcd  for  violation  of  tho  provisions  of  this 
article,  or  of  any  law  which  may  hereafter  he  passed  foi-  the  purpose  of  carryinj^ 
the  same  into  execntion,  shall  he  set  ai)art  ancl  apjiropriated  for  the  colonization 
of  snch  negroes  and  nuilattoes.  and  their  descenclants.  as  may  1)6  in  the  State  at 
the  adoption  of  this  constitution,  and  may  he  willing  to  eniif^rate. 

Sec.  4.  The  general  assembly  shall  pass  laws  to  carry  out  the  provisions  of 
this  article. 

POLITICAL    AND    MUNICIPAL    CORPORATIONS 

Section  1.  Xo  political  or  municipal  corporation  in  this  State 
shall  ever  become  indebted,  in  an}'  manner  or  for  any  purpose,  to  any 
amount,  in  the  aoereoate  exceedino-  two  i^er  centum  on  the  value  of 

•!  "Ill 

taxable  property  within  such  corporation,  to  be  ascertained  by  the 
last  assessment  for  State  and  county  taxes,  previous  to  the  incurring 
of  such  indel)tedness,  and  all  bonds  or  obligations,  in  excess  of  such 
amount,  given  by  such  corporations,  shall  be  void:  Provided,  That 
in  time  of  war,  foreign  invasion,  or  other  great  public  calamity,  on 
petition  of  a  majority  of  the  property  owners,  in  number  and  value, 
within  the  limits  of  such  corporation,  the  public  authorities,  in  their 
discretion,  may  incur  obligations  necessary  for  the  public  protection 
and  defense,  to  such  an  amount  as  may  be  requested  in  such  petition. 

[The  original  Article  13  is  sti-'icken  out  and  the  amendment  of  March  24,  1881, 
inserted  in  lieu  thereof.] 

Article  XIV 

BOUNDARIES 

Section  1.  In  order  that  the  boundaries  of  the  State  may  be  known 
and  established,  it  is  hereby  ordained  and  declared,  that  the  State  of 
Indiana  is  bounded  on  the  east  by  the  meridian  line  which  forms  the 
Avestern  boundary  of  the  State  of  Ohio;  on  the  south  by  the  Ohio 
Eiver,  from  the  mouth  of  the  Great  Miami  River  to  the  mouth  of  the 
Wabash  River ;  on  the  west,  by  a  line  drawn  along  the  middle  of  the 
Wabash  River,  from  its  mouth  to  a  point  where  a  due  north  line, 
drawn  from  the  town  of  Vincennes,  would  last  touch  the  northwestern 
shore  of  said  Wabash  River;  and  thence  by  a  due  north  line,  until  the 
same  shall  intersect  an  east  and  west  line,  drawn  through  a  point  ten 
miles  north  of  the  southern  extreme  of  Lake  jSIichigan ;  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. 

Sec  2.  The  State  of  Indiana  shall  possess  jurisdiction,  and  sov- 
ereignty 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. 

Article  XV 

miscellaneous 

Section  1.  All  oiRcers  whose  appointment  is  not  otherwise  pro- 
vided for  in  this  Constitution,  shall  be  chosen  in  such  manner  as  now 
is,  or  hereafter  may  be,  prescribed  by  law. 


\ 


hidin)Hi—1851  1091 

Sec.  2.  "\Mien  the  duration  of  any  office  is  not  provided  for  by  this 
Constitution,  it  may  be  dechired  by  hiw;  and  if  not  so  dechired.  such 
office  shall  be  held  durino;  the  pleasure  of  the  authority  makino;  the 
appointment.  But  the  (leneral  Assembly  shall  not  create  any  office, 
the  tenure  of  which  shall  be  longer  than  four  years. 

Sec.  3.  Whenever  it  is  provided  in  this  Constitution,  or  in  any  law 
which  may  be  hereafter  passed,  that  any  officer,  other  than  a  member 
of  the  General  Assembly,  shall  hold  his  office  for  any  oiven  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  aiitl 
qualified. 

Sec.  4.  Every  person  elected  or  appointed  to  any  office  under  this 
Constitution  shall,  before  entering  on  the  duti(^s  thereof,  take  an  oath 
or  affirmation  to  support  the  Constitution  of  this  State  and  of  the 
United  States,  and  also  an  oath  of  office. 

Sec.  5.  There  shall  be  a  seal  of  the  State,  kept  by  the  Governor  for 
official  purposes,  which  shall  be  called  the  Seal  of  the  State  of 
Indiana. 

Sec.  C).  All  commissions  shall  issue  in  the  name  of  the  State,  shall 
be  signed  by  the  Governor,  sealed  by  the  State  Seal,  and  attested  by 
the  Secretary  of  State. 

Sec.  T.  No  county  shall  be  reduced  to  an  area  less  than  four  hun- 
dred square  miles;  nor  shall  any  county  under  that  area  be  further 
reduced. 

Sec.  8.  No  lottery  shall  be  authorized,  nor  shall  the  sale  of  lottery 
tickets  be  allowed. 

Sec.  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. 

Sec.  10.  It  shall  be  the  duty  of  the  General  Assembly  to  provide 
for  the  permanent  enclosure  and  preservation  of  the'  Tippecanoe 
Battle  Ground. 

Article  XVI 

AMENDMENTS 

Section  1.  Any  amendment  or  amendments  to  this  Constitution 
may  be  proposed  in  either  branch  of  the  General  Assembly ;  and  if 
the  same  shall  be  agreed  to  by  a  majority  of  the  members  elected  to 
each  of  the  two  houses,  such  proposed  amendment  or  amendments 
shall,  with  the  yeas  and  nays  thereon,  be  entered  on  their  journals 
and  referred  to  the  General  Assembly  to  the  chosen  at  the  next  gen- 
eral election ;  and,  if  in  the  General  Assembh'  so  next  chosen,  such 
j)roposed  amendment  or  amendments  shall  be  agreed  to  by  a  majority 
of  all  the  members  elected  to  each  house,  then  it  shall  be  the  duty  of 
the  General  Assembly  to  submit  such  amendment  or  amendments  to 
the  electors  of  the  State,  and  if  a  majority  of  said  electors  shall  ratify 
the  same,  such  amendment  or  amendments  shall  become  a  part  of  this 
Constitution. 

Sec.  2.  If  two  or  more  amendments  shall  be  submitted  at  the  same 
time,  thev  shall  be  submitted  in  such  manner  that  the  electors  shall 
vote  for  or  against  each  of  such  amendments  separately;  and  while 


1()9L>  Indiana— 1851 

such  an  amendment  or  amendments  which  shall  have  been  agreed 
upon  by  one  (leneral  Assembly  shall  be  awaiting  the  action  of  the 
succeeding  (leneral  Assembly,  or  of  the  electors,  no  additional  amend- 
ment 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  Constitution  adopted  in  the  year  one  thousand 
eight  hundred  and  sixteen.  That  no  inconvenience  may  arise  from 
the  change  in  the  government,  it  is  hereby  ordained  as  follows : 

First.  All  laws  now  in  force,  and  not  inconsistent  with  this  Con- 
stitution, shall  remain  in  force  until  they  shall  expire  or  be  repealed. 

/Second.  All  indictments,  prosecutions,  suits,  pleas,  j^laints  and 
other  proceedings  pending  in  any  of  the  Courts,  shall  be  prosecuted 
to  final  judgment  and  execution ;  and  all  appeals,  writs  of  error,  cer- 
tiorari and  injunctions  shall  be  carried  on  in  the  several  Courts,  in 
the  same  manner  as  is  now  provided  by  law. 

TJu'rd.  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. 

Fourth.  All  acts  of  incorjjoration  for  municipal  purposes  shall 
continue  in  force  under  this  Constitution,  until  such  time  as  the  Gen- 
eral Assembly  shall,  in  its  discretion,  modify  or  repeal  the  same. 

Fifth.  The  Governor,  at  the  expiration  of  the  present  official  term, 
shall  continue  to  act  until  his  successor  shall  have  been  sworn  into 
office. 

Sixth.  There  shall  be  a  session  of  the  General  Assembly,  com- 
mencing on  the  first  Monda}'  of  December,  in  the  year  one  thousand 
eight  hundred  and  fifty-one. 

Seventh.  Senators  now  in  office  and  holding  OA^er,  under  the  exist- 
ing Constitution,  and  such  as  may  be  elected  at  the  next  general  elec- 
tion, and  the  Representatives  then  elected,  shall  continue  in  office 
until  the  first  general  election  under  this  Constitution. 

Eighth.  The  first  general  election  under  this  Constitution  shall  be 
held  in  the  year  one  thousand  eight  hundred  and  fifty-two. 

Xintli.  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  Treas- 
urer 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  con- 
tinue in  their  respective  offices  until  their  successors  shall  have  been 
elected  and  qualified. 

Tenth.  Every  person  elected  by  popular  vote,  and  now  in  any  office 
wdiich  is  continued  by  this  Constitution,  and  every  ])erson  who  shall 
be  so  elected  to  any  such  office  before  the  taking  effect  of  this  Consti- 
tution (except  as  in  this  Constitution  otherwise  provided),  shall  con- 


Indiana— 18n1  1093 

tiniie  in  office  until  the  term  for  which  such  person  has  been,  or  may 
l)e,  elected,  shall  expire :  Provided.  That  no  such  person  shall  continue 
in  office  after  the  taking-  effect  of  this  Constitution,  for  a  longer  period 
than  the  term  of  such  office  in  this  Constitution  prescribed. 

Eleventh.  On  the  taking  effect  of  this  Constitution,  all  officers 
hereby  continued  in  office  shall,  before  proceeding  in  the  further 
discharge  of  their  duties,  take  an  oath  or  affirmation  to  support  this 
Constitution. 

Twelfth.  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. 

Thirteenth.  At .  the  time  of  submitting  this  Constitution  to  the 
electors  for  their  approval  or  disapproval,  the  article  numbered  thir- 
teen, in  relation  to  negroes  and  mulattoes,  shall  be  submitted  as  a  dis- 
tinct proposition,  in  the  following  form:  '"Exclusion  and  Coloniza- 
tion of  Negroes  and  Mulattoes,"  •'Aye,"  or  "  Xo."  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. 

Fourteenth.  Xo  article  or  section  of  this  Constitution  shall  be  sub- 
mitted as  a  distinct  proposition  to  a  vote  of  the  electors  otherwise 
than  as  herein  provided. 

Fifteenth.  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  practi- 
cable, not  to  exceed  one-third  of  the  territory  of  each  of  said  counties. 
The  proposal  to  create  such  new  county  shall  be  submitted  to  the 
voters  of  said  counties,  at  a  general  election,  in  such  manner  as  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. 

Sixteenth.  The  General  Assembly  may  alter  or  amend  the  charter 
of  Clarksville,  and  make  such  regulations  as  may  be  necessar}^  for 
carrying  into  effect  the  objects  contemplated  in  granting  the  same, 
and  the  funds  belonging  to  said  town  said  be  applied  according  to 
the  intention  of  the  grantor. 

Done  in  Convention,  at  Indianapolis,  the  tenth  day  of  Februar}^, 
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  and  Dele<i(ite  from  the  County  of  Lairrenee. 

Attest : 

Wm.  H.  English, 

Prin  cijxi  I  Se  ere  ta  ry. 
Geo.  L.  Sites, 
Herman  G.  Barkwell, 
Robert  M.  Evans, 

A ssistan t  Seere taries. 


1094  Jv(lunin—1Sr)l 

ADDENDA 

The  original  sections  sli-ickcn  out  Wy  llic  iiiiiciHlnifiits  liei-ein  in- 
serted read  as  follows: 

Article  II 
surrKA(;K  and  i:LEfTi()X 

Section  2.  In  all  elections,  not  otherwise  j^rovided  for  by  this  Con- 
stitution, every  Avhite  male  citizen  of  the  United  States,  of  the  a<>e  of 
twenty-one  years  and  upwards,  who  shall  have  resided  in  the  State 
during  the  six  months  immediately  preceding  such  election;  and 
every  wdiite  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  citizen  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  wdiere  he  may  reside. 

Sec.  5.  No  negro  or  mulatto  shall  have  the  right  of  suifrage. 
'  Se(\  14.  All  general  elections  shall  be  held  on  the  second  Tuesday 
in  October. 

Article  IV 

LECISLATIVE 

Section  1.  The  General  Assembly  shall,  at  its  second  session  after 
the  adoption  of  this  Constitution,  and  every  six  years  thereafter,^ 
cause  an  enumeration  to  be  made  of  all  the  wliite  male  inhabitants 
over  the  age  of  twenty-one  years. 

Sec.  5.  The  number  of  Senators  and  Representatives  shall,  at  the] 
session  next  following  each  period  of  making  such  enumeration,  bej 
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:  Prorided,  That  the  first  and  second  elections  of  mem- 
bers of  the  General  Assembly,  under  this  Constitution,  shall  be  ac- 
cording to  the  apportionment  last  made  by  the  General  Assembly, 
before  the  adoption  of  this  Constitution. 

Sec.  22.  In  relation  to  fees  and  salaries: 

Article  VII 

JUDICIAL 

Section  1.  The  judicial  j^ower  of  the  State  shall  be  vested  in  a 
Supreme  Court,  in  Circuit  Courts,  and  in  such  inferior  courts  as  the 
General  Assembly  may  establish. 


Indiana — 1851  1095 

Articlk  XIII 

NEGROES    A XI)    .Ml  LATTOES" 

Section  1.  Xo  negTO  or  mulatto  shall  come  into,  or  settle  in,  the 
State,  after  the  adoption  of  this  Constitution. 

Sec.  2.  All  contracts  made  with  any  negro  or  nndatto  coming  into 
the  State,  contrary  to  the  provisions  of  the  foregoing  section,  shall 
be  void ;  and  any  person  who  shall  employ  such  negro  or  mulatto,  or 
otherwise  encourage  him  to  remain  in  the  State,  shall  be  fined  in  any 
sum  not  less  than  ten  dollars,  nor  more  than  five  hundred  dollars. 

Sec.  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  apart 
and  appropriated  for  tlie  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. 

Sec.  4.  The  General  Assembly  shall  pass  laws  to  carry  out  the  pro- 
visions of  this  article. 

o  Art.  II,  Sec.  5  (p.  1076),  reads:  Xo  negro  or  mulatto  shull  have  tbe  right 
of  suffrage. 


i 


i 


I 


INDIAN  TERRITOBY 

For  Treaty  Ceding  Louisiana,  1803  (Louisiana,  p.  1359). 
For  District  of  Louisiana,  1804  (Louisiana,  p.  1304). 
For  Territory  of  Louisiana,  1805  (Louisiana,  p.  1371). 
For  Territory  of  Missouri,  1812  (Missouri,  p.  2189). 
For  Territory  of  Arlvansas,  1819  (Arkansas,  p.  261). 


ACT  FOR  THE  GOVERNMENT  OF  THE  INDIAN  COUNTRY— 1834 « 

[Twenty-tlaird  Congress,  First  Session] 

An  Act  to  regulate  trade  and  intercourse  with  ttie  Indian  tribes,  and  to  preserve 

peace  on  the  frontiers 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  Ameinca^  in  Congress  assembled^  That  all  that  part 
of  the  United  States  west  of  the  Mississippi,  and  not  within  the  states 
of  Missouri  and  Louisiana,  or  the  territory  of  Arkansas,  and,  also, 
that  part  of  the  United  States  east  of  the  Mississippi  river,  and  not 
within  any  state  to  which  the  Indian  title  has  not  been  extinguished, 
for  the  purposes  of  this  act,  be  taken  and  deemed  to  be  Indian 
coimtry. 

Sec.  2.  And  he  it  further  enacted^  That  no  person  shall  be  permitted 
to  trade  with  any  of  the  Indians  (in  the  Indian  country)  without  a 
license  therefor  from  a  superintendent  of  Indian  affairs,  or  Indian 
ageut,  or  sub-agent,  which  license  shall  be  issued  for  a  term  not 
exceeding  two  years  for  the  tribes  east  of  the  Mississippi,  and  not 
exceeding  three  years  for  the  tribes  west  of  that  river.  And  the  per- 
son applying  for  such  license  shall  give  bond  in  a  penal  sum  not 
exceeding  five  thousand  dollars,  with  one  or  more  sureties,  to  bo 
approved  h^  the  person  issuing  the  same,  conditioned  that  such  person 
will  faithfully  observe  all  the  laws  and  regulations  made  for  the  gov- 
ernment of  trade  and  intercourse  with  the  Indian  tribes,  and  in  no 
respect  violate  the  same.     And  the  superintendent  of  the  district  shall 

n  For  other  statutes  of  an  organic  nature  relating  to  the  Indian  Country  and 
Indian  Territory,  see  an  act  to  appoint  an  agent  for  the  Indians  west  of  Mis- 
souri, act  of  May  18,  1824;  to  remove  Creek  Indians  west  of  the  Mississippi 
Uiver,  May  20,  1826;  to  extend  jurisdiction  of  Arkansas  courts  over  the  Indian 
country.  .Tune  17,  1844;  proclamations  of  President  warning  all  i)ersons  from 
settling  in,  April  26,  1879.  February  12,  18S();  to  establish  a  i'nited  States  court 
in,  IMarch  1,  1889;  to  reorganize  courts,  ^March  1,  1895;  to  lix  (lUiilifications  of 
voters  in  Cherokee  Outlet,  October  17,  1893;  to  reorganize  the  courts,  Decejn])er 
21,  1893;  to  appoint  commission  to  district  the  Territory,  and  to  provide  for 
elections.  July  31.  1894;  to  declare  the  duty  of  the  United  States  to  establish  n 
.government  which  will  rectify  inequalities,  .Tune  10,  1896;  to  establish  laws  for 
the  protection  of  the  people  of,  jirovide  for  government  withiii  the  Indian  na- 
tions, and  control  the  ownership  of  lands,  June  28,  189,S. 

1097 


1098  Indian  Tcrriiory — 1834 

have  j^ower  to  revoke,  and  cancel  the  same,  whenever  the  person 
licensed  shall,  in  his  opinion,  have  transgressed  any  of  the  laws  or 
regulations  provided  for  the  goverrnnent  of  trade  and  intercourse  with 
the  Indian  tribes,  or  that  it  would  be  improj^er  to  permit  him  to 
remain  in  the  Indian  country.  And  no  trade  with  the  said  tribes 
shall  be  carried  on  within  their  boundary,  except  at  certain  suitable 
and  convenient  places,  to  be  designated  from  time  to  time  by  the 
superintendents,  agents,  and  sub-agents,  and  to  be  inserted  in  the 
license.  And  it  shall  be  the  duty  of  the  persons  granting  or  revoking 
such  licenses,  forthwith  to  report  the  same  to  the  commissioner  of 
Indian  affairs,  for  his  approval  or  disapproval. 

Sec.  3.  And  he  it  fin'fher  enacted,  That  any  superintendent  or 
agent  may  refuse  an  application  for  a  license  to  trade,  if  he  is  satis- 
fied that  the  applicant  is  a  person  of  bad  character,  or  that  it  w^ould 
be  improper  to  i)ermit  him  to  reside  in  the  Indian  country,  or  if  a 
license,  previously  granted  to  such  applicant,  has  been  revoked,  (n*  a 
forfeiture  of  his  bond  decreed.  Rut  an  appeal  may  be  had  from  the 
agent  or  the  superintendent,  to  the  commissioner  of  Indian  affairs; 
and  the  President  of  the  United  States  shall  be  authorized,  v>'henever 
in  his  opinion  the  public  interest  ma}^  require  the  same,  to  prohibit 
the  introduction  of  goods,  or  of  any  particular  article,  into  the  coun- 
try belonging  to  any  Indian  tri!)e,  and  to  direct  all  licenses  to  trade 
with  such  tribe  to  be  revoked,  and  all  applications  therefor  to  be 
rejected;  and  no  trader  to  any  other  tribe  shall,  so  long  as  such  pro- 
hibition may  continue,  trade  with  any  Indians  of  or  for  the  tribe 
against  which  such  prohibition  is  issued. 

Sec.  -t.  And  he  It  further  eiiaeted,  That  any  person  other  than  an 
Indian  who  shall  attempt  to  reside  in  the  Indian  country  as  a  trader, 
oi"  to  introchice  goods,  or  to  trade  therein  without  such  license,  shall 
forfeit  all  merchandise  offered  for  sale  to  the  Indians,  or  found  in  hi-^ 
possession,  and  shall  moreover  forfeit  and  pay  the  sum  of  five  hun- 
dred dollars. 

Sec.  5.  And  he  it  further  enacted,  That  no  license  to  trade  with  the 
Indians  shall  be  granted  to  any  persons  except  citizens  of  the  United 
States:  Pro  ruled,  That  the  President  shall  be  authorized  to  allow  the 
employment  of  foreign  boatmen  and  interpreters,  under  such  regu- 
lations as  he  may  prescribe. 

Sec.  G.  And  he  it  further  enacted.  That  if  a  foreigner  shall  go  into 
the  Indian  country  without  a  passport  from  the  War  Department,  the 
superintendent,  agent,  or  sub-agent,  of  Indian  atfairs,  or  from  the 
officer  of  the  United  States  commanding  the  nearest  military  post  on 
the  frontiers,  or  shall  remain  intentionally  therein  after  the  expira- 
tion of  such  passport,  he  shall  forfeit  and  pay  the  sum  of  one  thou- 
sand dollars;  and  such  passport  shall  ex])ress  the  object  of  such 
person,  the  time  he  is  allowed  to  remain,  and  the  route  he  is  to  travel. 

Sec.  7.  And  he  it  further  enacted,  That  if  any  person  other  than 
an  Indian  shall,  within  the  Indian  country,  purchase  or  receiA'e  of 
any  Indian,  in  the  way  of  barter,  trade,  or  pledge,  a  gun.  traj),  or 
otliei-  article  commonly  used  in  hunting,  any  instrument  of  husbandry 
or  cooking  utensils  of  the  kind  commonly  obtained  by  the  Indians  in 
their  intercourse  with  the  Avhite  people,  or  any  other  article  of  cloth- 
ing, except  skins  or  furs,  he  shall  forfeit  and  pay  the  sum  of  fifty 
dollars. 


Indian  Territory— 1834-  1099 

Sec.  8.  And  be  it  further  enacted,  That  if  any  person,  other  than 
an  Indian,  shall,  within  the  limits  of  any  tribe  with  whom  the  United 
States  shall  have  existing  treaties,  hunt,  or  trap,  or  take  and  destro}'^, 
any  peltries  or  game,  except  for  subsistence  in  the  Indian  country, 
such  person  shall  forfeit  the  sum  of  five  hundred  dollars,  and  for- 
feit all  the  traps,  guns,  and  ammunition  in  his  possession,  used  or 
procured  to  be  use<l  for  that  purpose,  and  ]:)eltries  so  taken. 

Sec.  0.  And  he  it  further  enacted,  That  if  any  person  shall  drive, 
or  otherwise  convey  any  stock  of  horses,  mules,  or  cattle,  to  range  and 
feed  on  any  land  l)e]onging  to  any  Indian  or  Indian  tribe,  without  the 
consent  of  such  tribe,  such  person  shall  forfeit  the  sum  of  one  dollar 
for  each  animal  of  such  stock. 

Sec.  10.  And  he  it  further  enacted,  That  the  superintendent  of 
Indian  affairs,  and  Indian  agents  and  sub-agents,  shall  have  authority 
to  remove  from  the  Indian  country  all  persons  found  therein  con- 
trary to  law ;  and  the  President  of  the  United  States  is  authorized  to 
direct  the  military  force  to  be  emploj^ed  in  such  removal. 

Sec.  11.  And  Ij-c  it  further  enacted.  That  if  any  person  shall  make 
a  settlement  on  any  lands  belonging,  secured,  or  granted  by  treaty 
with  the  United  States  to  any  Indian  tribe,  or  shall  survey  or  shall 
attempt  to  survey  such  lands,  or  designate  any  of  the  boundaries  by 
marking  trees,  or  otherwise,  such  offender  shall  forfeit  and  pay  the 
sum  of  one  thousand  dollars.  And  it  shall,  moreover,  be  lawful  for 
the  President  of  the  United  States  to  take  such  measures,  and  to 
employ  such  military  force,  as  he  may  judge  necessary  to  remove  from 
the  lands  as  aforesaid  any  such  person  as  aforesaid. 

Sec.  1'2.  And  he  it  further  enacted,  That  no  purchase,  grant,  lease, 
or  other  conveyance  of  lands,  or  of  any  title  or  claim  thereto,  from 
any  Indian  nation  or  tribe  of  Indians,  shall  be  of  any  validity  in  law 
or  equity,  unless  the  same  be  made  b}^  treaty  or  convention  entered 
into  pursuant  to  the  constitution.  And  if  any  person,  not  employed 
under  the  authority  of  the  United  States,  shall  attempt  to  negotiate 
such  treaty  or  convention,  directly  or  indirectly,  to  treat  with  any 
such  nation  or  tribe  of  Indians,  for  the  title  or  purchase  of  any  lands 
by  them  held  or  claimed,  such  person  shall  forfeit  and  pay  one  thou- 
sand dollars:  Prorided,  nevertheless.  That  it  shall  be  lawful  for  the 
agent  or  agents  of  any  state  who  may  be  jjresent  at  any  treaty  lield 
with  Indians  under  the  authority  of  the  United  States,  in  the  presence 
and  with  the  approbation  of  the  commissioner  or  commissioners  of 
the  United  States  appointed  to  hold  the  same,  to  propose  to,  and 
adjust  with  the  Indians,  the  compensation  to  be  made  for  their  claim 
to  lands  within  such  state,  which  shall  be  extinguished  hy  treaty. 

Sec.  13.  And  he  it  further  enacted,  That  if  any  citizen  or  other 
person  residing  within  the  United  States  or  the  territory  thereof, 
shall  send  any  talk,  speech,  message,  or  letter  to  any  Indian  nation, 
tribe,  chief,  or  individual,  with  an  intent  to  produce  a  contravention 
or  infraction  of  any  treaty  or  other  laAv  of  the  United  States,  or  to 
disturb  the  peace  and  tranquility  of  the  United  States,  he  shall  forfeit 
and  pay  the  sum  of  two  thousand  dollars. 

Sec.  14.  And  he  it  further  enacted,  That  if  any  citizen,  or  other 
person,  shall  carry  or  deliver  any  such  talk,  message,  speech,  or 
letter,  to  or  from  any  Indian  nation,  tribe,  chief,  or  individual,  from 
or  to  any  person  or  persons  whatsoever,  residing  within  the  United 
States,  or  from  or  to  any  subject,  citizen,  or  agent  of  any  foreign 
7252— VOL.  2—07 15  ' 


1100  Indian  Territory — 1834 

[)()\vei'  or  state,  knowing  the  contents  thereof,  he  shall  forfeit  and 
pay  the  sum  of  one  thousand  dollars. 

Sec.  15.  Aiid  he  it  further  enacted,  That  if  any  citizen  or  other 
person,  residing  or  living  among  the  Indians,  or  elsewhere  within 
the  territory  of  the  United  States,  shall  carry  on  a  correspondence, 
by  letter  or  otherwise,  with  any  foreign  nation  or  power,  with  an 
intent  to  induce  such  foreign  nation  or  power  to  excite  any  Indian 
nation,  tribe,  chief,  or  individual,  to  war  against  the  United  States, 
or  to  the  violation  of  any  existing  treaty;  or  in  case  any  citizen  or 
other  person  shall  alienate,  or  attempt  to  alienate,  the  confidence  of 
any  Indian  or  Indians  from  the  government  of  the  United  States,  he 
shall  forfeit  the  sum  of  one  thousand  dollars. 

Sec.  16.  And  he  it  further  enacted^  That  where,  in  the  commission, 
by  a  white  person,  of  any  crime,  offence,  or  misdemeanor,  within  the 
Indian  country,  the  property  of  any  friendly  Indian  is  taken,  injured 
or  destroyed,  and  a  conviction  is  had  for  such  crime,  offence,  or  mis- 
demeanor, the  person  so  convicted  shall  be  sentenced  to  pay  to  such 
friendly  Indian  to  whom  the  property  may  belong;  or  whose  person 
may  be  injured,  a  sum  equal  to  twice  the  just  value  of  the  property 
so  taken,  injured  or  destroyed.  And  if  such  offender  shall  be  unable 
to  pay  a  sum  at  least  equal  to  the  just  value  or  amount,  whatever 
such  payment  shall  fall  short  of  the  same  shall  be  paid  out  of  the 
treasury  of  the  United  States:  Prorided,  That  no  such  Indian  shall 
be  entitled  to  any  payment,  out  of  the  treasury  of  the  United  States, 
for  any  such  property,  if  he,  or  any  of  the  nation  to  which  he  be- 
longs, shall  have  sought  private  revenge,  or  attempted  to  obtain 
satisfaction  by  any  force  or  violence:  And  provided,  also.  That  if 
such  offender  cannot  be  apprehended  and  brought  to  trial,  the  amount 
of  such  property  shall  be  paid  out  of  the  treasury,  as  aforesaid. 

Sec.  17.  And  he  it  further  enacted,  That  if  any  Indian  or  Indians, 
belonging  to  any  tribe  in  amity  Avith  the  United  States,  shall,  Avithin 
the  Indian  country,  take  or  destroy  the  property  of  any  person  law- 
fully within  such  country,  or  shall  pass  from  the  Indian  country 
into  any  state  or  territory  inhabited  by  citizens  of  the  United  States, 
and  there  take,  steal,  or  destroy,  any  horse,  horses,  or  other  property, 
belonging  to  anv  citizen  or  inhabitant  of  the  United  States,  such  citi- 
zen or  inhabitant,  his  representative,  attorney,  or  agent,  may  make 
application  to  the  proper  superintendent,  agent,  or  sub-agent,  who, 
upon  being  furnished  with  the  necessary  documents  and  proofs,  shall, 
under  the  direction  of  the  President,  make  application  to  the  nation 
or  tribe  to  which  said  Indian  or  Indians  shall  belong,  for  satisfac- 
tion; and  if  such  nation  or  tribe  shall  neglect  or  refuse  to  make 
satisfaction,  in  a  reasonable  time,  not  exceeding  twelve  months,  it 
shall  be  the  duty  of  such  superintendent,  agent,  or  sub-agent,  to 
make  return  of  his  doings  to  the  commissioner  of  Indian  affairs, 
that  such  further  steps  may  be  taken  as  shall  be  proper,  in  the  opinion 
of  the  President,  to  obtain  satisfaction  for  the  injury;  and,  in  the 
mean  time,  in  respect  to  the  property  so  taken,  stolen  or  destroyed, 
the  United  States  guaranty,  to  the  party  so  injured,  an  eventual  in- 
demnification:  Provided,  That,  if  such  injured  party,  his  representa- 
tive. attorne3%  or  agent,  shall,  in  any  way,  violate  any  of  the  pro- 
visions of  this  act,  by  seeking  or  attempting  to  obtain  private  satis- 
faction or  revenge,  he  shall  forfeit  all  claim  upon  the  United  States 
for  such  indemnification :  And  provided,  also,  That,  unless  such  claim 


hidimi  Territory — 1834  1101 

shall  be  presented  within  three  years  after  the  commission  of  the 
injury,  the  same  shall  be  barred.  And  if  the  nation  or  tribe  to  which 
such  Indian  may  belong,  receive  an  annuity  from  the  United  States, 
such  claim  shall,  at  the  next  payment  of  the  annuity,  be  deducted 
therefrom,  and  paid  to  the  party  injured;  and,  if  no  annuity  is  pay- 
able to  such  nation  or  tribe,  then  the  amount  of  the  claim  shall  be 
paid  from  the  treasury  of  the  United  States:  Pronided,  That  nothing 
lier'/in  contained  shall  prevent  the  legal  apprehension  and  punishment 
of  any  Indians  having  so  offended. 

Sec.  18.  And  he  it  further  enacted^  That  the  superintendents 
agents,  and  sub-agents,  within  their  respective  districts,  be,  and  are 
herel)y,  authorized  and  empowered  to  take  dei^ositions  of  witnesses 
touching  any  depredations,  within  the  purview  of  the  two  preceding 
sections  of  this  act,  and  to  administer  an  oath  to  the  deponents. 

Sec.  11).  And  he  it  further  euuctcd.  That  it  shall  be  the  duty  of 
the  superintendents,  agents,  and  sub-agents,  to  endeavour  to  procure 
the  arrest  and  trial  of  all  Indians  accused  of  committing  any  crime, 
otfencc,  or  misdemeanor,  and  all  other  persons  who  may  have  com- 
mitted crimes  or  offences  within  any  state  or  territory,  and  have  fled 
into  the  Indian  country,  either  by  demanding  the  same  of  the  chiefs 
of  the  proper  tribe,  or  by  such  other  means  as  the  President  may 
authorize;  and  the  President  may  direct  the  military  force  of  the 
United  States  to  be  employed  in  the  apprehension  of  such  Indians, 
and  also,  in  preventing  or  terminating  hostilities  between  any  of  the 
Indian  tribes. 

Sec.  20.  And  he  it  further  enacted.,  That  if  any  person  shall  sell, 
exchange,  or  give,  barter,  or  dispose  of,  any  spiritous  liquor  or  wine 
to  an  Indian,  (in  the  Indian  country,)  such  person  shall  forfeit  and 
pay  the  sum  of  five  hundred  dollars;  and  if  any  person  shall  intro- 
duce, or  attempt  to  introduce,  any  spiritous  liquor  or  wdne  into  the 
Indian  country,  except  such  supplies  as  shall  be  necessary  for  the 
officers  of  the  United  States  and  troops  of  the  service,  under  the  di- 
rection of  the  War  Department,  such  person  shall  forfeit  and  pay  a 
sum  not  exceeding  three  hundred  dollars;  and  if  any  superintendent 
of  Indian  affairs,  Indian  agent,  or  sub-agent,  or  commanding  officer 
of  a  military  post,  has  reason  to  suspect,  or  is  informed,  that  any 
white  person  or  Indian  is  al)out  to  introduce,  or  has  introduced,  any 
spiritous  liquor  or  wine  into  the  Indian  country,  in  violation  of  the 
l)r()\isions  of  this  section,  it  shall  be  lawful  for  such  superintendent, 
Indian  agent,  or  sub-agent,  or  military  officer,  agreeably  to  such  regu- 
lations as  may  be  established  by  the  President  of  the  TTnited  States, 
to  cause  the  boats,  stores,  packages,  and  places  of  deposit  of  such  per- 
son to  be  searched,  and  if  any  such  spirituous  liquor  or  wine  is  found, 
the  goods,  boats,  packages,  and  peltries  of  such  persons  shall  be 
seized  and  delivered  to  the  proper  officer,  and  shall  be  proceeded 
against  by  libel  in  the  proper  court,  and  forfeited,  one-half  to  the 
use  of  the  informer,  and  the  other  half  to  the  use  of  the  United 
States;  and  if  such  person  is  a  trader,  his  license  shall  be  revoked  and 
his  bond  put  in  suit.  And  it  shall  moreover  be  lawful  for  any  per- 
son, in  the  service  of  the  United  States,  or  for  any  Indian,  to  take  and 
destroy  any  ardent  spirits  or  Avine  found  in  the  Indian  country,  ex- 
cepting military  supplies  as  mentioned  in  this  section. 

Sec.  '21.  And  he  it  f}trther  enacted.  That  if  any  person  whatever 
shall,  within  the  limits  of  the  Indian  country,  set  up  or  continue  any 


1102  Indian  Territory — 1834 

distillery  for  inanufacturing  ardent  spirits,  he  shall  forfeit  and  pay 
a  penalty  of  one  thousand  dollars;  and  it  shall  be  the  duty  of  the 
superintendent  of  Indian  affairs,  Indian  agent,  or  sub-agent,  within 
the  limits  of  whose  agency  the  same  shall  be  set  up  or  continued, 
forthwith  to  destroy  and  break  up  the  same;  and  it  shall  l)e  lawful  to 
emplo}'  the  military  force  of  the  United  States  in  executing  that  duty. 

Sec.  22.  And  he  it  further  enacted^  That  in  all  trials  about  the 
right  of  j)roperty  in  which  an  Indian  may  be  a  party  on  one  side,  and 
a  white  person  on  the  other,  the  burden  of  proof  shall  rest  upon  the 
white  person,  whenever  the  Indian  shall  make  out  a  presumption  of 
title  in  himself  from  the  fact  of  previous  possession  or  ownership. 

Sec.  23.  And  he  it  further  enacted^  That  it  shall  be  lawful  for  the 
military  force  of  the  United  States  to  be  employed  in  such  manner 
and  under  such  regulations  as  the  President  may  direct,  in  the  ap- 
prehension of  every  person  who  shall  or  may  be  found  in  the  Indian 
country,  in  violation  of  any  of  the  provisions  of  this  act,  and  him 
immediately  to  convey  from  said  Indian  country,  in  the  nearest  con- 
venient and  safe  route,  to  the  civil  authority  of  the  territory  or 
judicial  district  in  wdiich  said  person  shall  be  found,  to  be  proceeded 
against  in  due  course  of  law;  and  also,  in  the  examination  and  seizure 
of  stores,  packages,  and  boats,  authorized  by  the  twentieth  section  of 
this  act,  and  in  preventing  the  introduction  of  persons  and  property 
into  the  Indian  country  contrary  to  law;  Prorided,  That  no  ]:)erson 
apprehended  by  military  force  as  aforesaid,  shall  be  detained  longer 
than  five  days  after  the  arrest  and  before  removal.  And  all  officers 
and  soldiers  who  may  have  any  such  person  or  25ersons  in  custody 
shall  treat  them  "with  all  the  humanity  which  the  circumstances  will 
possibly  permit :  and  every  officer  or  soldier  who  shall  be  guiltv  of 
maltreating  any  such  person  while  in  custod3%  shall  suffer  such  pun- 
ishment as  a  court-martial  shall  direct. 

Sec.  24.  And  he  it  further  enacted^  That  for  tlie  sole  purpose  of 
carrying  this  act  into  effect,  all  that  part  of  the  Indian  country  west 
of  the  Mississippi  river,  that  is  bounded  north  by  the  north  line  of 
lands  assigned  to  the  Osage  tribe  of  Indians,  produced  east  to  the 
state  of  Missouri;  west,  by  the  Mexican  possessions:  south,  by  Red 
riA'er;  and  east,  by  the  west  line  of  the  territory  of  Arkansas  and  the 
state  of  Missouri,  shall  be.  and  hereby  is,  annexed  to  the  territory 
of  Arkansas;  and  that  for  the  purpose  aforesaid,  the  residue  of  the 
Indian  countrv  west  of  the  said  Mississippi  river  shall  be,  and  hereby 
is,  annexed  to  the  judicial  district  of  Missouri;  and  for  the  purpose 
aforesaid,  the  several  portions  of  Indian  country  east  of  the  said 
Mississippi  river,  shall  be,  and  are  hereby,  severally  annexed  to  the 
territory  in  which  they  are  situated. 

Sec.  25.  And  he  it  further  enacted^  That  so  much  of  the  laws  of  the 
United  States  as  provides  for  the  punishment  of  crimes  committed 
within  any  place  within  the  sole  and  exclusive  jurisdiction  of  the 
United  States,  shall  be  in  force  in  the  Indian  country;  Provided, 
The  same  shall  not  extend  to  crimes  committed  by  one  Indian  against 
the  person  or  property  of  another  Indian. 

Sec.  26.  And  he  it  further  enacted.  That  if  any  person  who  shall 
be  charged  w^ith  a  violation  of  any  of  the  provisions  or  regulations  of 
this  act,  shall  be  found  within  any  of  the  United  States,  or  either  of 


Indian  Territory— 1834  1103 

the  territories,  such  ottenders  ma}-  be  there  apprehended,  and  trans- 
ported to  the  territory  or  judicial  district  having  jurisdiction  of  the 
^ame. 

Sec.  '21.  And  he  it  further  enactech  That  all  penalties  which  shall 
accrue  under  this  act,  shall  be  sued  for  and  recovered  in  an  action  of 
debt,  in  the  name  of  the  United  States,  before  any  court  having  juris- 
diction of  the  same,  (in  any  state  or  territory  in  which  the  defendant 
shall  be  arrested  or  found,)  the  one  half  to  the  use  of  the  informer, 
and  the  other  half  to  the  use  of  the  United  States,  except  when  the 
prosecution  shall  be  first  instituted  on  behalf  of  the  United  States,  in 
which  case  the  whole  shall  be  to  their  use. 

Sec.  28.  And  he  it  further  enacted.  That  when  goods  or  other  j^rop- 
erty  shall  be  seized  for  any  violation  of  this  act,  it  shall  be  lawful  for 
the  person  prosecuting  on  behalf  of  the  United  States  to  proceed 
against  such  goods,  or  other  propert3%  in  the  manner  directed  to  be 
observed  in  the  case  of  goods,  wares,  or  merchandise  brought  into 
the  United  States  in  violation  of  the  revenue  laws. 

Sec.  29.  And  he  it  further  enacted.  That  the  following  acts  and 
parts  of  acts  shall  be.  and  the  same  are  hereby,  repealed,  namely :  An 
act  to  make  provision  relative  to  rations  for  Indians,  and  to  their 
visits  to  the  seat  of  government,  appro\'ed  May  thirteen,  eighteen  hun- 
dred; an  act  to  regulate  trade  and  intercourse  with  the  Indian  tribes, 
iind  to  preserve  peace  on  the  frontiers,  approved  May  thirty,  eighteen 
hundred  and  two;  an  act  supplementary  to  the  act  passed  thirtieth 
March,  eighteen  hundred  and  two,  to  regulate  trade  and  intercourse 
with  the  Indian  tribes,  and  to  preserve  peace  on  the  frontiers,  ap- 
proved April  twenty-nine,  eighteen  hundred  and  sixteen ;  an  act  for 
the  punishment  of  crimes  and  offences  committed  within  the  Indian 
boundaries,  approved  March  three,  eighteen  hundred  and  scA^enteen; 
the  first  and  second  sections  of  the  act  directing  the  nianuer  of  ap- 
pointing Indian  agents,  and  continuing  the  "Act  establishing  trading- 
houses  with  the  Indian  tribes."  approved  April  sixteen,  eighteen  hun- 
dred and  eighteen;  an  act  fixing  the  compensation  of  Indian  agents 
and  factors,  approved  April  twenty,  eighteen  hundred  and  eighteen ; 
an  act  supplementary  to  the  act  entitled  "An  act  to  provide  for  the 
prompt  settlement  of  public  accounts,"  approved  Febnuirv  twenty- 
four,  eighteen  hundred  and  nineteen:  the  eighth  section  of  the  act 
making  appropriations  to  carry  iuto  effect  treaties  concluded  with 
several  Indian  tribes  therein  mentioned,  approved  ^March  thn^e,  eight- 
een hundred  and  nineteen ;  the  second  section  of  the  act  to  continue 
in  force  for  a  further  time  the  act  entitled  ''An  act  for  establishing 
trading-houses  with  the  Indian  tribes,  and  for  other  purposes,''  (a) 
approved  ]March  three,  eighteen  hundred  and  nineteen;  an  act  to 
amend  an  act  entitled  '"An  act  to  regulate  trade  and  intercourse  with 
the  Indian  tribes,  and  to  preserve  peace  on  the  frontiers,"  a[)proved 
thirtieth  of  March,  eighteen  hundred  and  two.  approved  May  six, 
eighteen  hundred  and  twenty-two;  an  act  providing  for  the  appoint- 
ment of  an  agent  for  the  Osage  Indians  west  of  the  state  of  Mis- 
souri and  territory  of  Arkansas,  and  for  other  purposes,  approved 
May  eighteen,  eighteen  hinidred  and  twenty-four;  the  third,  fourth, 
and  fifth  sections  of  "An  act  to  enable  the  President  to  hold  treaties 
with  certain  Indian  tribes,  and  for  other  ]Durposes,"  apj^roved  May 


;l  1 04  India n  Tcrrilorfi—  iSSf) 

twenty-fivo,  oightcon  hnndrod  and  tweiily-i'our ;  tlio  second  section 
of  the  "Act  to  aid  certain  Indians  of  the  Creek  nation  in  their  re- 
moval to  the  west  of  the  Mississippi/'  approved  May  twenty,  eighteen 
hundred  and  twenty-six;  and  an  act  to  aiithoi'ize  the  appointment  of 
a  subagent  to  the  Winnebago  Indians  on  Ivock  river,  appi'oved  Feb- 
ruary twenty-five,  eighteen  hundred  and  thirty-one:  Pi'oridcd,  how- 
ever^ That  such  repeal  shall  not  etfect  (afl'ect)  any  rights  acquired, 
or  punishments,  penalties,  or  forfeitures  incurred,  under  either  of  the 
acts  or  parts  of  acts,  nor  impair  or  affect  the  intercourse  act  of  eight- 
een hundred  and  tAvo,  so  far  as  the  same  relates  to  or  concerns  Indian 
tribes  residing  east  of  the  Mississippi:  And  inor'tded  fdso^  That  such 
repeal  shall  not  be  construed  to  revive  any  acts  or  parts  of  acts  re- 
pealed by  either  of  the  acts  or  sections  herein  described. 

Sec.  30.  And  be  it  further  enacted^  That  until  a  western  territory 
shall  be  established,  the  tAvo  agents  for  the  AA'estern  territory,  as  pro- 
vided in  the  act  for  the  organization  of  the  Indian  department,  this 
day  approved  by  the  President,  shall  execute  the  duties  of  agents  for 
such  tribes  as  may  be  directed  by  the  President  of  the  United  States, 
and  it  shall  be  competent  for  the  President  to  assign  to  one  of 
the  said  agents,  in  addition  to  his  proper  duties,  the  duties  of, 
superintendent  for  such  district  of  country  or  for  such  tribes  as  the 
President  may  think  fit.  And  the  powers  of  the  superintendent  at 
St.  Louis,  over  such  district  or  tribes  as  may  be  assigned  to  such  act- 
ing superintendent,  shall  cease;  Provided^  That  no  additional  com- 
pensation shall  be  allowed  for  such  services. 

Approved,  June  30,  1834. 


ESTABLISHMENT  OF  A  COURT  IN  INDIAN  TERRITORY— 1889 

[Fiftieth  Congress,  Second  Session] 

An   act  to  ■estal)lish   a   T'nited    States   Court   in   the   Indian   Territdry.   and   for 

other  pnrposes 

Be  it  eixicted  hy  the  Senate  and  IIe>n><e  of  Representatire.s  of  the 
United  States  of  America  in  Congress  assemJded ,  That  a  United 
States  court  is  hereby  established,  whose  jurisdiction  shall  extend 
over  the  Indian  Territory,  bounded  as  follows,  to  Avit :  North  by 
the  State  of  Kansas,  east  by  <Jie  States  of  Missouri  and  Arkansas, 
south  by  the  State  of  Texas,  and  west  by  the  State  of  Texas  and 
the  Territory  of  Ncav  Mexico;  and  a  judge  shall  be  appointed  for 
said  court  by  the  President  of  the  United  States,  by  and  with  the 
advice  and  consent  of  the  Senate,  who  shall  hold  his  office  foi-  a 
term  of  four  years,  and  until  his  successor  is  appointed  and  qual- 
ified, and  receive  a  salary  of  three  thousand  five  hundred  dollars 
per  annum,  to  be  paid  from  the  Treasury  of  the  United  States  in  like 
manner  as  the  salaries  of  judges  of  the  T^nited  States  district  courts. 

Sec.  2.  That  there  shall  be  appointed  l)y  the  President,  by  and  Avith 
the  advice  and  consent  of  the  Senate,  an  attorney  and  marshal  for  said 
court,  Avho  shall  continue  in  office  for  four  years,  and  until  their  suc- 
cessors be  duly  appointed  and  qualified,  and  they  shall  discharge  the 
like  duties  and  receiA'e  the  same  fees  and  salary  as  now  received  by 
the  United  States  attornev  and  marshal  for  the  Avestern  district  of 


Indian  Territory— 1889  1105 

Arkansas.  The  said  marshal  may  appoint  one  or  more  de])uties, 
Avlio  shall  have  the  same  powers.  ])erform  the  like  duties,  and  be  re- 
movable in  like  manner  as  other  deputy  United  States  marshals:  and 
said  marshal  shall  give  bond,  with  two  or  more  sureties,  to  be  ap- 
proved bv  the  judge  of  said  court,  in  the  sum  of  ten  thousand  dol- 
lars, conditioned  as  by  law  required  in  regard  to  the  bonds  of  other 
United  States  marshals. 

Sec.  3.  That  a  clerk  of  said  court  shall  be  appointed  by  the  judge 
thereof,  who  shall  reside  and  keep  his  office  at  the  place  of  holding 
said  court.  Said  clerk  shall  perform  the  same  duties,  be  subject  to 
the  same  liabilities,  and  shall  receive  the  same  fees  and  compensation 
as  the  clerk  of  the  United  States  court  of  the  western  district  of 
Arkansas;  and  before  entering  upon  his  duties  he  shall  give  bond  in 
the  sum  of  ten  thousand  dollars  with  two  or  more  sureties,  to  be 
approved  by  the  judge  of  said  court,  conditioned  that  he  will  dis- 
charge his  duties  as  required  by  law. 

Sec.  4.  That  the  judge  appointed  under  the  provision  of  this  act 
shall  take  the  same  oath,  required  by  law  to  be  taken  by  the  judges  of 
the  district  courts,  of  the  United  States:  and  the  oath,  when  taken 
as  in  such  cases  provided,  shall  be  duly  certified  l)v  the  officer  l)efore 
whom  the  same  shall  have  been  taken  to  the  clerk  of  the  court  herein 
established,  to  be  by  him  recorded  in  the  records  of  said  court.  The 
clerk,  marshal,  and  deputy  marshals  shall  take  before  the  judge  of 
said  court  the  oath  required  by  law  of  the  clerk,  marshal,  and  deputy 
marshals  of  United  States  district  courts,  the  same  to  be  entered  of 
record  in  said  court  as  provided  by  laAv  in  like  cases. 

Sec.  5.  That  the  court  hereby  established  shall  have  exclusive 
original  jurisdiction  over  all  offenses  against  the  laws  of  the  United 
States  committed  within  the  Indian  Territory  as  in  this  act  defined, 
not  punishable  by  death  or  by  imprisonment  at  hard  labor. 

Sec,  6.  That  the  court  hereby  established  shall  have  jurisdiction  in 
all  civil  cases  between  citizens  of  the  United  States  Avho  are  residents 
of  the  Indian  Territory,  or  between  citizens  of  the  United  States,  or 
of  any  State  or  Territory  therein,  and  any  citizen  of  or  person  or 
persons  residing  or  found  in  the  Indian  Territory,  and  when  the  value 
of  the  thing  in  controvers3%  or  damages  or  money  claimed  shall 
amount  to  one  hundred  dollars  or  more:  Provided,  That  nothing 
herein  contained  shall  be  so  construed  as  to  give  the  court  jurisdic- 
tion over  controversies  between  persons  of  Indian  blood  only:  Arid 
pro/'f'ded  further,  That  all  laws  having  the  effect  to  prevent  the 
Cherokee,  ChoctaAv,  Creek,  Chickasaw  and  Seminole  Nations,  or  either 
of  them,  from  lawfully  entering  into  leases  or  contracts  for  mining 
coal  for  a  period  not  exceeding  ten  years,  are  hereby  repealed;  and 
said  court  shall  have  jurisdiction  over  all  controversies  arising  out 
of  said  mining  leases  or  contracts  and  of  all  questions  of  mining 
rights  or  invasions  thereof  where  the  amount  involved  exceeds  the 
sum  of  one  hundred  dollars. 

That  the  provisions  of  chapter  eighteen, title  thirteen, of  the  Revised 
Statutes  of  the  United  States  shall  govern  such  court,  so  far  as  ap- 
plicable:  Prorided^  That  the  practice,  pleadings,  and  forms  of  pro- 
ceeding in  civil  causes  shall  conform,  as  near  as  may  be,  to  the  prac- 
tice, pleadings,  and  forms  of  proceeding  existing  at  the  time  in  like 
causes  in  the  courts  of  record  of  the  State  of  Arkansas,  any  rule  of 


IIOO  Imh'au   Territorij—lSS^) 

court,  to  the  contrary  iiotwithstaiidiiig;  and  the  plaintiiY  shall  be 
entitled  to  like  remedies  by  attachment  or  other  process  against  the 
property  of  the  defendant,  and  for  like  causes,  as  now  provided  by 
the  laws  of  said  State. 

The  final  judgment  or  decree  of  the  court  hereby  established,  in 
cases  where  the  value  of  the  matter  in  dispute,  exclusive  of  costs,  to 
be  ascertained  by  the  oath  of  either  party  or  of  other  competent 
witnesses,  exceeds  one  thousand  dollars  may  be  reviewed  and  reversed 
or  affirmed  in  the  Supreme  Court  of  the  United  States  upon  writ  of 
error  or. appeal,  in  the  same  manner  and  under  the  same  regulations 
as  the  final  judgments  and  decrees  of  a  circuit  court. 

Sec.  T.  That  two  terms  of  said  court  shall  be  held  euch  year  at 
Muscogee,  in  said  Territory,  on  the  first  Monday  in  April  and  Sep- 
tember, and  such  special  sessions  as  may  be  necessary  for  the  dis- 
patch of  the  business  in  said  court  at  such  times  as  the  judge  may 
deem  expedient;  and  he  may  adjourn  such  special  sessions  to  any 
other  time  previous  to  a  regular  term ;  and  the  marshal  shall  procure 
suitable  rooms  for  the  use  and  occupation  of  the  court  hereby  created. 

Sec.  8.  That  all  proceedings  in  said  courts  shall  be  had  in  the  Eng- 
lish language;  and  bona-fide  male  residents  of  the  Indian  Territory 
over  twenty-one  years  of  age,  and  understanding  the  English  lan- 
guage sufficiently  to  comprehend  the  proceedings  of  the  court,  shall 
be  competent  to  serve  as  jurors  in  said  court  but  shall  be  subject  to 
exemptions  and  challenges  as  provided  by  law  in  regard  to  jurors  in 
the  district  court  for  the  western  district  of  Arkansas. 

Sec.  9.  That  the  jurors  shall  be  selected  as  follows:  The  court  at 
its  regular  term  shall  select  three  jury  commissioners,  possessing  the 
qualifications  prescribed  for  jurymen,  and  who  have  no  suits  in  court 
requiring  the  intervention  of  a  jury;  and  the  same  persons  shall  not 
act  as  jury  commissioners  more  than  once  in  the  same  year.  The 
judge  shall  administer  to  each  commissioner  the  following  oath: 

"  You  do  swear  to  discharge  faithfully  the  duties  required  of  you 
as  jury  commissioner;  that  you  aviII  not  knowinglj^  select  any  one  as 
juryman  whom  you  believe  unfit  and  not  qualified;  that  you  will  not 
make  known  to  any  one  the  name  of  any  juryman  selected  by  you 
and  reported  on  your  list  to  the  court  until  after  the  commencement 
of  the  next  term  of  this  court ;  that  you  will  not,  directly  or  indirectly, 
converse  Avith  any  one  selected  by  you  as  a  juryman  concerning  the 
merits  of  any  cause  or  procedure  to  be  tried  at  the  next  term  of  this 
court ;  so  help  you  God."" 

Sec.  10.  That  the  jury  commissioners,  after  they  have  been  ajD- 
])ointed  and  sworn,  shall  retire  to  a  jury  room,  or  some  other  apart- 
ment designated  by  the  judge,  and  be  kept  free  from  the  intrusion 
of  any  person,  and  shall  not  separate  without  leave  of  the  court  until 
they  have  completed  the  duties  required  of  them ;  that  they  shall  se- 
lect from  the  bona  fide  male  residents  of  the  Territory  such  number 
of  qualified  persons  as  the  court  shall  designate,  not  less  than  sixty, 
free  from  all  legal  exception,  of  fair  character  and  approved  integ- 
rity, of  sound  judgment  and  reasonable  information,  to  serve  as  petit 
jurors  at  the  next  term  of  court:  shall  write  the  names  of  such  per- 
sons on  separate  pieces  of  paper,  of  as  near  the  same  size  and  appear- 
ance as  may  be,  and  fold  the  same  so  that  the  names  thereon  may 
not  be  seen.     The  names  so  written  and  folded  shall  be  then  de^^os- 


Indian  Territory— 1889  1107 

ited  in  a  box,  and  after  liuy  shall  be  shaken  and  well  mixed,  the  com- 
missioners shall  draw  from  said  box  the  names  of  thirty  seven  per- 
sons, one  by  one,  and  record  the  same  as  drawai,  which  record  shall 
be  certified" and  signed  by  the  commissioners,  and  indorsed  "List  of 
p)etit  jurors." 

Sec.  11.  That  the  said  commissioners  shall  then  proceed  to  draw 
in  like  manner  twelve  other  names,  which  shall  be  recorded  in  like 
manner  on  another  paper,  which  shall  be  certified  and  signed  by  the 
connnissioners,  and  indorsed  "  List  of  alternate  petit  jurors."  The 
two  lists  shall  be  inclosed  and  sealed  so  that  the  contents  can  not  be 
seen,  and  indorsed  "List  of  i)etit  jurors,"  designating  for  what  term 
of  the  court  they  are  to  serve,  which  indorsement  shall  be  signed  by 
the  commissioners,  and  the  same  shall  be  delivered  to  the  judge  in 
open  court;  and  the  judge  shall  deliver  the  lists  to  the  clerk  in  open 
court,  and  administer  to  the  clerk  and  his  deputies  the  following  oath  : 

"  You  do  swear  that  you  will  not  open  the  jury-lists  noAV  delivered 
to  you;  that  you  will  not,  directly  or  indirectly,  converse  with  any 
one  selected  as  a  petit  juror  concerning  any  suit  pending  and  for  trial 
in  this  court  at  the  next  term,  unless  by  leave  of  the  court :  so  help 
you  God  " 

Sec.  12.  That  within  thirty  days  before  the  next  term,  and  not 
before,  the  clerk  shall  o])en  the  envelopes  and  make  a  fair  copy  of 
the  lists  of  petit  jurors  and  alternate  petit  jurors,  and  give  the  same 
to  the  marshal,  who  shall,  at  least  fifteen  days  prior  to  the  first  day 
of  the  next  term,  summon  the  persons  named  as  petit  jurors  and  alter- 
nate petit  jurors  to  attend  on  the  first  day  of  said  term  as  petit  jurors, 
by  giving  personal  notice  to  each,  or  by  leaving  a  written  notice  at 
the  juror's  place  of  residence  with  some  person  over  ten  years  of  age 
and  there  residing. 

That  the  marshal  shall  return  said  lists  with  a  statement  in  writing 
of  the  date  and  manner  in  which  each  juror  was  summoned;  and  if 
any  juror  or  alternate  legally  summoned  shall  fail  to  attend  he  may 
be  attached  and  fined  or  committed  as  for  contempt. 

That  if  there  shall  not  be  a  sufficient  number  of  competent  petit 
jurors  and  alternates  present,  and  not  excused,  to  form  a  petit  jury, 
the  court  may  compel  the  attendance  of  such  absentees  or  order  other 
competent  persons  to  be  summoned  to  complete  the  juries. 

Sec.  13.  That  if  for  any  cause  the  jury  connnissioners  shall  not 
appoint  or  shall  fail  to  select  a  petit  jury  as  provided,  or  the  panels 
selected  be  set  aside,  or  the  jury  list  returned  in  court  shall  be  lost  or 
destroyed,  the  court  shall  order  the  marshal  to  summon  a  petit  jury 
of  the  number  hereinbefore  designated,  who  shall  be  sworn  to  perform 
the  duties  of  petit  jurors  as  if  they  had  been  regularly  selected;  and 
this  provision  shall  also  apply  in  the  formation  of  petit  juries  for  the 
first  term  of  the  court.  The  Avant  of  qualification  of  any  person 
selected  as  juror  under  section  ten  of  this  act  shall  not  necessarily 
operate  as  cause  of  challenge  to  the  whole  panel. 

Sec.  14.  That  the  fees  of  the  jurors  and  witnesses  before  said  court 
herein  created  shall  be  the  same  as  provided  in  the  district  court  of 
the  LTnited  States  for  the  western  district  of  Arkansas. 

Sec.  15.  That  in  all  criminal  trials  had  in  said  court,  in  which  a 
jury  shall  be  demanded,  and  in  which  the  defendant  or  defendants 
shall  be  citizens  of  the  United  States,  none  but  citizens  of  the  United 
States  shall  be  competent  jurors. 


I  lOS  fru/ian   Tcrriloni^    ISSH 

Sec.  10.  'lliat  the  judge  of  the  court  herein  established  shall  have 
the  same  authority  to  issue  writs  of  habeas  corpus,  injunctions,  man- 
damus, and  other  remedial  process,  as  exists  m  the  circuit  court  of 
the  United  States. 

Sec.  17.  That  the  Chickasaw  Nation  and  the  portion  of  the  Choc- 
taw Nation  within  the  following  boundaries,  to  wit :  Beginning  on 
Red  River  at  the  southeast  corner  of  the  Choctaw  Nation ;  thence 
north  with  the  boundary-line  between  the  said  Choctaw  Nation  and 
the  State  of  Arkansas  to  a  point  where  Big  Creek,  a  tributary  of  the 
Black  Fork  of  the  Kimishi  River,  crosses  the  said  boundary-line; 
thence  westerly  with  Big  Creek  and  the  said  Black  Fork  to  the  junc- 
tion of  the  said  Black  Fork  with  Buffalo  Creek;  thence  northwesterly 
with  said  Buifalo  Creek  to  a  point  where  the  same  is  crossed  by  the 
old  military  road  from  Fort  Smith,  Arkansas,  to  Boggy  Depot,  in  the 
Choctaw  Nation;  thence  southwesterly  Avith  the  said  road  to  Avhere 
the  same  crosses  Perry ville  Creek ;  thence  northwesterly  up  said  creek 
to  where  the  same  is  crossed  by  the  Missouri,  Kansas  and  Texas 
Railway  track;  thence  northerly  up  the  center  of  the  main  track  of 
the  said  road  to  the  South  Canadian  River ;  thence  up  the  center  of  the 
main  channel  of  the  said  river  to  the  western  boundary-line  of 
the  Chickasaw  Nation,  the  same  being  the  northwest  corner  of  the 
said  nation ;  thence  south  on  the  boundary-line  between  the  said  na- 
tion and  the  reservation  of  the  Wichita  Indians;  thence  continuing 
south  wuth  the  boundary-line  between  the  said  Chickasaw  Nation  and 
the  reservations  of  the  Kiowa,  Comanche,  and  Apache  Indians  to 
Red  River;  thence  down  said  river  to  the  place  of  beginning;  and 
all  that  portion  of  the  Indian  Territory  not  annexed  to  the  district 
of  Kansas  by  the  act  approved  January  sixth,  eighteen  hundred  and 
eighty-three,  and  not  set  apart  and  occupied  by  the  five  civilized 
tribes,  shall,  from  and  after  the  passage  of  this  act,  be  annexed  to 
and  constitute  a  part  of  the  eastern  judicial  district  of  the  State  of 
Texas,  for  judicial  purposes. 

Sec.  18.  That  the  counties  of  Lamar,  Fannin,  Red  River,  and 
Delta  of  the  State  of  Texas,  and  all  that  part  of  the  Indian  Territory 
attached  to  the  said  eastern  judicial  district  of  the  State  of  Texas  by 
the  provisions  of  this  act,  shall  constitute  a  division  of  the  eastern 
judicial  district  of  Texas;  and  terms  of  the  circuit  and  district  courts 
of  the  United  States  for  the  said  eastern  district  of  the  State  of  Texas 
shall  be  held  twice  in  each  year  at  the  city  of  Paris  on  the  third 
Mondays  in  April  and  the  second  Mondays  in  October;  and  the 
United  States  courts  herein  provided  to  be  held  at  Paris  shjill  have 
exclusive  original  jurisdiction  of  all  offenses  committed  against  the 
law^s  of  the  United  States  within  the  limits  of  that  portion  of  the 
Indian  Territory  attached  to  the  eastern  judicial  district  of  the  State 
of  Texas  by  the  provisions  of  this  act,  of  which  jurisdiction  is  n()t 
eiven  by  this  act  to  the  court  herein  established  in  the  Indian  Terri- 
torv;  and  all  civil  process,  issued  against  persons  resident  in  the  said 
counties  of  Lamar,  Fannin,  Red  River,  and  Delta,  cognizable  before 
the  United  States  courts  shall  be  made  returnable  to  the  courts,  re- 
spectively, to  be  held  at  the  city  of  Paris,  Texas : 

And  all  prosecutions  for  offenses  committed  in  either  of  said  last- 
mentioned  counties  shall  be  tried  in  the  division  of  said  eastern  dis- 
trict of  which  said  counties  form  a  part:  Provided,  That  no  process 


huHfui  Territory    -ISSn  I  101) 

issued  or  prosecution  foinnienceil  or  suit  instituted  before  the  pas- 
sage of  this  act  shall  he  in  any  Avay  affected  by  the  provisions  thereof- 

Sec.  10.  That  the  judge  of  the  eastern  judicial  district  of  the  State 
of  Texas  shall  a]:>point  a  clerk  of  said  court,  who  shall  reside  at  the 
city  of  Paris,  in  the  county  of  Lamar. 

Sec.  20.  That  every  person  who  shall,  in  the  Indian  Territory,  will- 
fully and  maliciously  place  any  obstruction,  by  stones,  logs,  or  any 
other  thing,  on  the  track  of  any  railroad,  or  shall  tear  up  or  remove, 
burn,  or  destroy  any  part  of  any  such  railroad,  or  the  works  thereof, 
Avith  intent  to  obstruct  the  passage  of  any  engine,  car.  or  cars  thereon, 
or  to  throw  them  oif  the  track,  shall  be  deemed  guilty  of  malicious 
mischief,  and,  on  conviction  thereof,  shall  be  sentenced  to  imprison- 
ment at  hard  labor  for  any  time  not  more  than  twenty  years: 

Prorided^  That  if  any  passenger,  emplo^^ee,  or  other  person  shall  be 
killed,  either  directly  or  indirectly,  because  of  said  obstruction,  tear- 
ing up,  removing,  burning,  or  destroying,  the  person  causing  the 
same  shall  be  deemed  guilty  of  murder,  and.  upon  conviction  thereof, 
shall  be  punished  accordingly. 

Sec.  21.  That  any  person  aforesaid  who  shall,  in  the  Indian  Ter- 
ritory, willfully  and  intentionally  destroy,  injure  or  obstruct  any  tele- 
graph or  telephone  line,  or  any  of  the  property  or  materials  thereof, 
shall  be  deemed  guilty  of  malicious  mischief,  and,  on  conviction 
thereof,  shall  be  fined  in  any  sum  not  more  than  five  hundred  dollars 
and  imprisoned  for  au}^  time  not  more  than  one  year. 

Sec.  22.  That  every  person  aforesaid  who  shall,  in  the  Indian  Ter- 
ritory, maliciously  or  contemptuously  disturb  or  disquiet  any  con- 
gregation or  private  family  assembled  in  any  church  or  other  place 
for  religious  worship,  or  persons  assembled  for  the  transaction  of 
church  business,  by  profanely  swearing  or  using  indecent  gestures, 
threatening  language,  or  committing  any  violence  of  any  kind  to  or 
upon  any  person  so  assembled,  or  by  using  any  language  or  acting 
in  any  manner  that  is  calculated  to  disgust,  insult,  or  interrupt  said 
cougi-egation,  shall,  upon  conviction  thereof,  be  sentenced  to  imprison- 
ment for  any  time  not  exceeding  sixty  days,  or  to  a  fine  not  exceeding 
one  hundred  dollars,  or  both  such  fine  and  imprisonment. 

Sec.  2?).  That  every  person  aforesaid  who  shall,  in  the  Indian 
country,  feloniously,  willfully,  and  with  malice  aforethought  assault 
any  person  with  intent  to  rob,  and  his  counselors,  aiders,  and  abettors, 
^hall,  on  conviction  thereof,  be  imprisoned  at  hard  labor  for  a  time 
not  less  than  one  nor  more  than  fifteen  years. 

Sec.  24.  That  every  person  who  shall,  in  the  Indian  Territory, 
knoAvingly  mark,  brand,  or  alter  the  mark  or  brand  of  any  animal 
the  subject  of  larceny,  the  property  of  another,  or  who  shall  know- 
ingly administer  any  poison  to  or  maliciously  expose  any  poisonous 
substance  with  the  intent  that  the  same  shall  be  taken  by  any  of  the 
afoi'esaid  aninuUs,  or  shall  willfully  and  maliciously,  by  any  means 
whatsoever,  kill,  maim,  or  wound  any  of  the  aforesaid  aniuuils.  shall 
be  deemed  guilty  of  malicious  mischief,  and,  on  conviction  thereof, 
shall  be  sentenced  to  imprisonment  for  a  period  of  not  more  than  six 
months,  or  a  fine  of  not  more  than  two  hundred  dollars,  or  both 
such  fine  and  imprisonment;  and  in  case  the  animal  shall  have  been 
killed  or  injured  by  said  malicious  mischief,  the  jury  trying  the  case 
shall  assess  the  amount  of  damages  which  the  owner  of  the  animal 


1110  Indian  Territoni—188f)     . 

shall  have  sustained  by  reason  Ihereof,  and,  in  addition  to  the  sen- 
tence aforesaid,  the  coiirt  shall  render  judgment  in  favor  of  the  party 
injured  for  threefold  the  amount  of  the  damages  so  assessed  by  the 
jury,  for  which  said  amount  execution  may  issue  against  the  defend- 
ant and  his  property. 

Sec.  25.  That  if  any  person,  in  the  Indian  country,  assault  another 
with  a  deadly  weapon,  instrument,  or  other  thing,  with  an  intent  to 
inflict  ui3on  the  person  of  another  a  bodily  injury  where  no  consider- 
able provocation  appears,  or  where  the  circumstances  of  the  assault 
show  an  abandoned  and  malignant  disposition,  he  shall  be  adjudged 
guilty  of  a  misdemeanor,  and,  on  conviction  shall  be  fined  in  any 
sum  not  less  than  fifty  nor  exceeding  one  thousand  dollars  and  im- 
prisoned not  exceeding  one  year. 

Sec.  26.  That  if  any  person  shall  maliciously  and  willfully  set  on 
fire  any  Avoods,  marshes,  or  prairies,  in  the  Indian  Territory,  with  the 
intent  to  destroy  the  fences,  improvements,  or  property  of  another, 
such  person  shall  be  fined  in  any  sum  not  exceeding  five  hundred  dol- 
lars, or  be  imprisoned  not  more  than  six  months,  or  both,  at  the  dis- 
cretion of  the  court. 

Sec.  27.  That  sections  five,  twenty-three,  tAventy-four,  and  twenty- 
five  of  this  act  shall  not  be  so  construed  as  to  apply  to  offenses  com- 
mitted by  one  Indian  upon  the  person  or  property  of  another  Indian. 

Sec.  28.  That  all  laws  and  parts  of  laws  inconsistent  with  the  pro- 
visions of  this  act  be,  and  the  same  are  hereby,  repealed. 

Approved,  March  1,  1889. 


ENABLING  ACT  FOR  OKLAHOMA  AND  INDIAN  TERRITORY— 1906 

(See  ()klalinm:i.  ]i.  2;m;0) 


IOWA-1884 


For  organic  acts  issued  before  1888  relating  to  the  laud  now  included  within 
Iowa  see  in  tins  work: 

Treaty  with  France  ceding  Louisiana,  1803  (Louisiana,  p.  1350). 
District  of  Louisiana,  1804  (Louisiana,  p.  13()4). 
Territorial  Government  of  Louisiana,  1805  (Louisiana,  p.  1371). 
Territorial  (Tovernnient  of  Missouri,  1812   (Missouri,  p.  2139). 
Territorial  Government  of  Wisconsin,  1836  (Wisconsin,  p.  4065). 


TERRITORIAL  GOVERNMENT  OF  MICHIGAN— 1834 

[Twenty-third  Congress.   First  Sf:ssion] 

An  Act  to  attach  the  territory  of  the  United  States  west  of  the  Mississippi  River; 
and  north  of  the  state  of  Missouri,  to  the  territory  of  Michigan 

Be  it  enacted^  c&c.,  That  all  that  part  of  the  territory  of  the  United 
States  boiindecl  on  the  east  by  the  Mississippi  River,  on  the  south  by 
the  State  of  ^Missouri,  and  a  line  drawn  due  west  from  the  northwest 
corner  of  said  State  to  the  Missouri  River :  on  the  southwest  and  west 
by  the  Missouri  River  and  the  White  Earth  River,  falling  into  the 
same;  and  on  the  north  by  the  northern  boinidary  of  the  United 
States,  shall  be,  and  hereby  is,  for  the  jDurpose  of  temporary  govern- 
ment, attached  to,  and  made  a  part  of,  the  Territory  of  Michisan, 
and  the  inhabitants  therein  shall  be  entitled  to  the  same  privileses 
and  immunities,  and  be  subject  to  the  same  laws,  rules,  and  regula- 
tions, in  all  respects,  as  the  other  citizens  of  Michigan  Territory. 

Approved.  June  28,  1834. 

TERRITORIAL  GOVERNMENT  OF  IOWA— 1838 " 

I  Twenty-fifth  Congress.  Second  Session] 

An   Act  to  divide  the  Territory   of  Wisconsin   and   to  estal)lisii   the  Territorial 

Government  of  Iowa 

Be  it  enacted  by  the  Seruite  and  House  of  Representatirex  of  the 
T^nited  States  of  America  in  Congress  assemhJed,  That  from  and 
after  the  third  day  of  July  next,  all  that  part  of  the  present  Territory 

a  This  was  the  first  special  provision  made  for  the  government  of  that  portion 
of  the  Territory  of  Missouri  not  included  within  the  Ixnindaries  of  the  State 
of  Missouri,  as  defined  by  the  act  of  Congress  approved  March  t>,  1820. 

For  other  statutes  of  an  organic  nature  relating  to  Iowa  sul>se(]uent  to  1838 
see  the  act  to  regulate  the  governor's  veto  power,  March  3,  1830 :  to  define  the 
eastern  boundary.  March  3.  1839 ;  to  empower  the  legislative  assembly  to  pro- 
vide for  appointment  or  election  of  certain  officers  and  judges,  and  to  provide 
for  election  of  Territorial  delegate.  March  3.  1839 ;  to  regulate  duties  of  judges. 
August  11.  1842;  to  authorize  holding  of  extra  session  of  legislature.  April  30. 
1844 ;  to  authorize  legislature  to  regulate  apportionment  of  representatives,  and 
to  provide  for  popular  election  of  justices  of  the  peace  and  militia  officers,  June 
15,  1844 ;  to  supplement  act  for  the  admission  of  Florida  and  Iowa  into  the 
union,  March  3,  1845. 

nil 


1112  Iowa— 1838 

of  AVisconsin,  "which  lies  west  of  the  Mississippi  River,  and  west  of 
a  line  draAvn  due  north  from  the  headwaters  or  sources  of  the  Missis- 
sippi to  the  territorial  line,  shall,  for  the  purposes  of  temporary  gov- 
ernment, be  and  constitute  a  separate  territorial  government  by  the 
name  of  loAva,  and  that  from  and  after  the  said  third  day  of  July 
next,  the  present  territorial  government  of  Wisconsin  shall  extend 
only  to  that  part  of  the  present  Territory  of  AVisconsin  which  lies 
east  of  the  Mississippi  River.  And  after  the  said  third  day  of  Jidy 
next,  all  power  and  authority  of  the  government  of  Wisconsin  in 
and  over  the  Territory  hereby  constituted  shall  cease:  Prorkled,  That 
nothing  in  this  act  containecl  shall  be  construed  to  impair  the  rights 
of  person  or  property  now  appertaining  to  any  Indians  within  the 
said  Territory,  so  long  as  such  rights  shall  remain  unextinguished  by 
treaty  between  the  United  States  and  such  Indians,  or  to  impair  the 
obligations  of  any  treaty  now  existing  between  the  United  States  and 
such  Indians,  or  to  impair  or  anywise  to  affect  the  authority  of  the 
Government  of  the  United  States  to  make  any  regulations  respectmg 
such  Indians,  their  lands,  property,  or  other  rights,  by  treat}",  or  law, 
or  otherwise,  which  it  would  have  been  competent  to  the  Government 
to  make,  if  this  act  had  never  been  passed  :  Prorkled^  That  nothing  in 
this  act  contained  shall  be  construed  to  inhibit  the  Government  of  the 
United  States  from  dividing  the  Territory  hereby  established  into  one 
or  more  other  Territories,  in  such  manner  aud  at  such  times  as  Con- 
gress shall,  in  its  discretion,  deem  convenient  and  proper,  or  from 
attaching  any  portion  of  said  Territory  to  any  other  State  or  Terri- 
tory of  the  United  States. 

Sec.  2.  And  he  it  further  enacted^  That  the  executive  power  and 
authority  in  and  over  the  said  Territory  of  Iowa  shall  be  vested  in  a 
governor,  who  shall  hold  his  office  for  three  years,  unless  sooner  re- 
moved by  the  President  of  the  United  States,  The  governor  shall 
reside  within  the  said  Territory,  shall  be  commander-in-chief  of  the 
militia  thereof,  shall  perform  the  duties  and  receive  the  emoluments 
of  superintendent  of  Indian  affairs,  and  shall  approve  of  all  laws 
passed  by  the  legislative  assembly  before  they  shall  take  effect ;  he 
may  grant  pardons  for  offences  against  the  laws  of  the  said  Territory, 
and  reprieves  for  offences  against  the  laws  of  the  United  States,  until 
the  decision  of  the  President  can  be  made  known  thereon ;  he  shall 
commission  all  officers  who  shall  be  appointed  to  office  under  the  laws 
of  the  said  Territory,  and  shall  take  care  that  the  laws  be  faithfully 
executed. 

Sec.  3.  And  he  it  further  enacted^  That  there  shall  be  a  secretary 
of  the  said  Territory,  Avho  shall  reside  therein,  and  hold  his  office  for 
four  years,  unless  sooner  removed  by  the  President  of  the  United 
States;  he  shall  record  and  preserve  all  the  laws  and  proceedings  of 
the  legislative  assembly  hereinafter  constituted,  and  all  the  acts  and 
proceedings  of  the  governor  in  his  executive  department ;  he  shall 
transmit  one  copy  of  the  laws,  and  one  copy  of  the  executive  proceed- 
ings, on  or  before  the  first  Monday  in  December  in  each  year,  to  the 
President  of  the  United  States,  and,  at  the  same  time,  two  copies  of 
the  laAvs  to  the  Speaker  of  the  House  of  Representatives,  for  the  use 
of  Congress.  And  in  case  of  the  death,  removal,  resignation,  or 
necessary  absence  of  the  governor  from  the  Territory,  the  secretary 
shall  have,  and  he  is  hereby  authorized  and  required  to  execute  and 


Iowa— 1838  1113 

perform,  all  the  powers  and  duties  of  the  governor  during  such 
vacancy  or  necessary  absence,  or  until  another  governor  shall  be  duly 
appointed  to  fill  such  vacancy. 

Sec.  4.  A7id  he  it  further  enacted^  That  the  legislative  power  shall 
be  vested  in  the  governor  and  a  legislative  assembly.  The  legislative 
assembly  shall  consist  of  a  council  and  house  of  representatives.  The 
council  shall  consist  of  thirteen  members,  having  the  qualifications  of 
voters  as  hereinafter  prescribed,  whose  term  of  service  shall  continue 
two  3'ears.  The  house  of  representatives  shall  consist  of  twenty-six 
members  possessing  the  same  qualifications  as  prescribed  for  the  mem- 
l)ers  of  the  council,  and  whose  term  of  service  shall  continue  one  year. 
An  apportionment  shall  be  made  as  nearly  equal  as  practicable, 
among  the  several  counties,  for  the  election  of  the  council  and  repre- 
sentatives, giving  to  each  section  of  the  Territor}'  representation  in 
the  ratio  of  its  population,  Indians  excepted,  as  nearly  as  may  be. 
And  the  said  members  of  the  council  and  house  of  representatives 
shall  reside  in  and  be  inhabitants  of  the  district  for  which  they  may 
be  elected.  Previous  to  the  first  election,  the  governor  of  the  Terri- 
tory shall  cause  the  census  or  enumeration  of  the  inhabitants  of  the 
several  counties  in  the  Territory  to  be  taken,  and  made  by  the  sheriffs 
of  the  said  counties,  respectively,  unless  the  same  shall  have  been 
taken  within  three  months  previous  to  the  third  day  of  July  next, 
and  returns  thereof  made  by  said  sheriffs  to  the  governor.  The  first 
election  shall  be  held  at  such  time  and  place,  and  be  conducted  in  such 
manner,  as  the  governor  shall  appoint  and  direct;  and  he  shall  at  the 
same  time  declare  the  number  of  members  of  the  council  and  house  of 
representatives  to  which  each  of  the  counties  or  districts  are  entitled 
under  this  act.  The  number  of  persons  authorized  to  be  elected  hav- 
ing the  greatest  number  of  votes  in  each  of  the  said  counties  or  dis- 
tricts for  the  council,  shall  be  declared  by  the  said  governor  to  be  duly 
elected  to  the  said  council :  and  the  person  or  persons  having  the 
greatest  number  of  votes  for  the  house  of  representatives,  equal  to  the 
number  to  Avhich  each  county  may  be  entitled,  shall  also  be  declared 
by  the  governor  to  be  duly  elected:  Provided,  The  governor  shall 
order  a  new  election  when  there  is  a  tie  between  two  or  more  persons 
voted  for,  to  supply  the  vacancy  made  by  such  tie.  And  the  persons 
thus  elected  to  the  legislative  asseml^ly  shall  meet  at  such  place,  and 
on  such  day  as  he  shall  appoint ;  but  thereafter  the  time,  place,  and 
manner  of  holding  and  conducting  all  elections  by  the  people,  and 
the  apportioning  the  representation  in  the  several  counties  to  the 
council  and  house  of  representatives,  according  to  population,  shall 
be  prescribed  by  law,  as  well  as  the  day  of  the  annual  commencement 
of  the  session  of  the  said  legislative  assembly ;  but  no  session  in  any 
3'ear  shall  exceed  the  term  of  seventy-five  days. 

Sec.  5.  And  he  it  farther  enacted,  That  every  free  white  male  citi- 
zen of  the  United  States,  above  the  age  of  tAventy-one  years,  who  shall 
have  been  an  inhabitant  of  said  Territory  at  the  time  of  its  organi- 
zation, shall  be  entitled  to  vote  at  the  first  election,  and  shall  be  eligi- 
ble to  any  ofiice  within  the  said  Territory;  but  the  qualifications  of 
voters  at  all  subsequent  elections  shall  be  such  as  shall  be  determined 
by  the  legislative  assembly:  Provided,  That  the  right  of  suffrage  shall 
be  exercised  only  by  citizens  of  the  I''^nited  States. 

Sec.  6.  And  he  it  further  enacted,  That  the  legislative  power  of 


1114  Iowa— 1838 

the  Territory  shall  extend  to  all  rightful  subjects  of  legislation;  but 
no  law  shall  be  passed  interfering  with  the  primary  disposal  of  the 
soil ;  no  tax  shall  be  imposed  upon  the  property  of  the  United  States ; 
nor  shall  the  lands  or  other  property  of  non-residents  be  taxed  higher 
than  the  lands  or  other  property  of  residents.  All  the  laws  of  the 
governor  and  legislative  assembly  shall  be  submitted  to,  and  if  dis- 
approved by  the  Congress  of  the  United  States,  the  same  shall  be  null 
and  of  no  effect. 

Sec.  T.  And  he  it  further  enacted^  That  all  township  officers,  and 
all  county  officers,  except  judicial  officers,  justices  of  the  peace, 
sheriffs,  and  clerks  of  courts,  shall  be  elected  by  the  people,  in  such 
manner  as  is  now  prescribed  by  the  laws  of  the  Territory  of  Wis- 
consin, or  as  may,  after  the  first  election,  be  provided  by  the  governor 
and  legislative  assembly  of  Iowa  Territory.  The  governor  shall 
nominate,  and  by  and  with  the  advice  and  consent  of  the  legislative 
council,  shall  appoint  all  judicial  officers,  justices  of  the  peace,  sheriffs, 
and  the  militia  officers,  except  those  of  the  staff,  and  all  civil  officers 
not  herein  provided  for.  Vacancies  occurring  in  the  recess  of  the 
council  shall  be  filled  by  appointments  from  the  governor,  which 
shall  expire  at  the  end  of  the  next  session  of  the  legislative  assembly ; 
but  the  said  governor  may  appoint,  in  the  first  instance,  the  aforesaid 
officers,  who  shall  hold  their  offices  until  the  end  of  the  next  session 
of  the  said  legislative  assembh\ 

Sec.  8.  And  he  it  further  enacted.  That  no  member  of  the  legisla- 
tive assembly  shall  hold,  or  be  appointed  to,  any  office  created,  or  the 
salary  and  emoluments  of  which  shall  have  been  increased,  Avhilst 
he  was  a  member,  during  the  term  for  which  he  shall  have  been 
elected,  and  for  one  year  after  the  expiration  of  such  term;  and  no 
person  holding  a  commission  or  appointment  under  the  United 
States,  or  any  of  its  officers,  except  as  a  militia  officer,  shall  be  a 
member  of  the  said  council  or  house  of  representatives,  or  shall  hold 
any  office  under  the  government  of  the  said  Territory. 

Sec.  9.  .1;;^/  he  it  further  enacted,  That  the  judicial  power  of  the 
said  Territory  shall  be  vested  in  a  supreme  court,  district  courts, 
probate  courts,  and  in  justices  of  the  peace.  The  supreme  court  shall 
consist  of  a  chief  justice,  and  two  associate  judges,  any  two  of  whom 
shall  be  a  quorum,  and  who  shall  hold  a  term  at  the  seat  of  government 
of  the  said  Territory  annually,  and  they  shall  hold  their  offices  dur- 
ing the  term  of  four  years.  The  said  Territory  shall  be  divided  into 
three  judicial  districts;  and  a  district  court  or  courts  shall  be  held  in 
each  of  the  three  districts,  by  one  of  the  judges  of  the  supreme  court, 
at  such  times  and  places  as  may  be  prescribed  by  law;  and  the  said 
judges  shall,  after  their  appointment,  respectively,  reside  in  the  dis- 
tricts which  shall  be  assigned  to  them.  The  juridiction  of  the  several 
courts  herein  provided  for.  both  appellate  and  original,  and  that  of 
the  probate  courts,  and  of  the  justices  of  the  peace,  shall  be  as  limited 
by  law:  Provided,  however.  That  justices  of  the  peace  shall  not 
have  jurisdiction  of  any  matter  of  controversy,  when  the  title  or 
boundaries  of  land  may  be  in  dispute,  or  where  the  debt  or  sum 
claimed  exceeds  fifty  dollars.  And  the  said  supreme  and  district 
courts,  respectively,  shall  possess  a  chancery  as  well  as  common-law 
jurisdiction.  Each  district  court  shall  appoint  its  clerk,  who  shall 
keep  his  office  at  the  place  where  the  court  may  be  held,  and  the  said 


Iowa— 1838  1115 

clerks  shall  also  be  registers  in  chancery ;  and  any  vacancy  in  said 
office  of  clerk  happening  in  the  vacation  of  said  court,  may  be  filled 
by  the  judge  of  said  district,  which  appointment  shall  continue  until 
(he  next  term  of  said  court.  And  writs  of  error,  bills  of  exception, 
and  appeals  in  chancery  causes,  shall  be  allowed  in  all  cases,  from 
the  final  decisions  of  the  said  district  courts  to  the  supreme  court 
under  such  regulations  as  may  be  prescribed  by  law ;  but  in  no  case 
removed  to  the  supreme  court  shall  trial  b}'  jury  be  allowed  in  said 
court.  The  supreme  court  may  appoint  its  own  clerk,  and  every 
clerk  shall  hold  his  office  at  the  pleasure  of  the  court  by  Avhich  he 
shall  have  been  appointed.  And  writs  of  error  and  appeals  from  the 
final  decision  of  the  said  supreme  court  shall  be  alloAved  and  taken  to 
the  Supreme  Court  of  the  United  vStates,  in  the  same  manner  and 
under  the  same  regiilations  as  from  the  circuit  courts  of  the  United 
States,  where  the  value  of  the  property,  or  the  amount  in  controversy, 
to  be  ascertained  by  the  oath  or  affirmation  of  either  party,  shall 
exceed  one  thousand  dollars.  And  each  of  the  said  district  courts 
shall  have  and  exercise  the  same  jurisdiction  in  all  cases  arising  under 
the  Constitution  and  laws  of  the  United  States,  as  is  vested  in  the 
circuit  and  district  courts  of  the  United  States.  And  the  first  six 
days  of  every  term  of  the  said  courts,  or  so  much  thereof  as  shall  be 
necessary,  shall  be  appropriated  to  the  trial  of  causes  arising  under 
the  said  Constitution  and  laws.  And  Avrits  of  error  and  appeals  from 
the  final  decisions  of  the  said  courts,  in  all  such  cases,  shall  be  made  to 
the  supreme  court  of  the  Territory,  in  the  same  manner  as  in  other 
cases.  The  said  clerks  shall  receive  in  all  such  cases  the  same  fees 
which  the  clerk  of  the  district  courts  of  Wisconsin  Territory  now  re- 
ceives for  similar  services. 

Sec.  10.  And  he  it  further  enacted^  That  there  shall  be  an  attorney 
for  the  said  Territory  appointed,  who  shall  continue  in  office  four 
years,  unless  sooner  removed  by  the  President,  and  who  shall  receive 
the  same  fees  and  salary  as  the  attorney  of  the  United  States  for  the 
present  Territory  of  Wisconsin.  There  shall  also  be  a  marshal  for  the 
Territory  appointed,  who  shall  hold  his  office  for  four  years,  unless 
sooner  removed  by  the  President,  who  shall  execute  all  process  issuing 
from  the  said  courts  when  exercising  their  jurisdiction  as  circuit  and 
district  courts  of  the  United  States.  Pie  shall  ])erform  the  same 
duties,  be  subject  to  the  same  regulations  and  penalties,  and  be  entitled 
to  the  same  fees  as  the  marshal  of  the  district  court  of  the  United 
States  for  the  present  Territory  of  Wisconsin ;  and  shall,  in  addition, 
be  paid  the  sum  of  two  hundred  dollars  annually,  as  a  compensation 
for  extra  services. 

Sec.  11.  And  he  it  further  enacted^  That  the  governor,  secretary, 
chief  justice,  and  associate  judges,  attorney,  and  marshal,  shall  be 
nominated,  and  by  and  with  the  advice  and  consent  of  the  Senate, 
appointed  by  the  President  of  the  United  States.  The  governor  and 
secretary  to  be  appointed  as -aforesaid  shall,  before  they  act  as  such, 
respectively,  take  an  oath  or  affirmation,  before  some  judge  or  justice 
of  the  peace,  in  the  existing  Territory  of  Wisconsin,  duly  commis- 
sioned and  qualified  to  administer  an  oath  or  affirmation,  [or]  before 
the  Chief  Justice,  or  some  associate  justice  of  the  Supreme  Court  of 
the  United  States,  to  support  the  constitution  of  the  Ignited  States, 
and  for  the  faithful  discharge  of  the  duties  of  their  respective  offices, 
7252— VOL  2—07 16 


IIK)  Iowa— 1838 

which  said  oaths,  when  so  taken,  shall  be  certified  by  the  person 
before  whom  the  same  shall  have  been  taken,  and  such  certificate 
shall  be  received  and  recorded  by  the  said  Secretary  amono;;  the  execu- 
tive proceedings.  And,  afterwards,  the  chief  justice  and  associate 
judges,  and  all  other  civil  officers  in  said  Territory,  before  they  act  as 
such,  shall  take  a  like  oath  or  affirmation  before  the  said  governor  or 
secretary,  or  some  judge  or  justice  of  the  Territory  who  may  be  duly 
commissioned  and  qualified,  which  said  oath  or  affirmation  shall  be 
certified  and  transmitted  by  the  person  taking  the  same  to  the  secre- 
tary, to  be  by  him  recorded  as  aforesaid;  and,  afterwards,  the  like 
oath  or  affirmation,  shall  be  taken,  certified,  and  recorded,  in  such 
manner  and  form  as  may  Ibe  prescribed  by  law.  The  governor  shall 
receive  an  annual  salary  of  fifteen  hundred  dollars  as  governor,  and 
one  thousand  dollars  as  superintendent  of  Indian  affairs.  The  said 
chief  justice  and  associate  judges  shall  each  receive  an  annual  salary 
of  fifteen  hundred  dollars.  The  secretary  shall  receive  an  annual 
salary  of  twelve  hundred  dollars.  The  said  salaries  shall  be  paid 
quarter-yearly  at  the  Treasury  of  the  United  States.  The  members 
of  the  legislative  assembly  shall  be  entitled  to  receive  three  dollars 
each  per  day,  during  their  attendance  at  the  sessions  thereof;  and 
three  dollars  each  for  every  twenty  miles'  travel,  in  going  to  and 
returning  from  the  said  sessions,  estimated  according  to  the  nearest 
usually-travelled  route.  There  shall  be  appropriated,  annually,  the 
sum  of  three  hundred  and  fifty  dollars,  to  be  expended  by  the  gov- 
ernor to  defray  the  contingent  expenses  of  the  Territory ;  and  there 
shall  also  be  appropriated,  annually,  a  sufficient  sum,  to  be  expended 
by  the  Secretary  of  the  Territory,  and  upon  an  estimate  to  be  made  by 
the  Secretary  of  the  Treasury  of  the  United  States,  to  defray  the 
expenses  of  the  legislative  assembly,  the  printing  of  the  laws,  and 
other  incidental  expenses;  and  the  Secretary  of  the  Territory  shall 
annually  account  to  the  Secretary  of  the  Treasury  of  the  ITnited 
States,  for  the  manner  in  which  the  aforesaid  sum  shall  have  been 
expended. 

Sec.  12.  And  he  if  further  enacted,  That  the  inhabitants  of  the  said 
Territory  shall  be  entitled  to  all  the  rights,  i)rivileges,  and  immunities 
heretofore  granted  and  secured  to  the  Territory  of  Wisconsin  and  to 
its  inhabitants,  and  the  existing  laws  of  the  Territory  of  Wisconsin 
shall  be  extended  over  said  Territory,  so  far  as  the  same  be  not  in- 
compatible with  the  provisions  of  this  act,  subject,  nevertheless,  to 
be  altered,  modified,  or  repealed,  by  the  governor  and  legislative 
assembly  of  the  said  Territory  of  Iowa ;  and  further,  the  laws  of  the 
United  States  are  hereby  extended  over,  and  shall  be  in  force  in  said 
Territory,  so  far  as  the  same,  or  any  provision  thereof,  may  be  appli- 
cable. 

Sec.  13.  A/uI  he  if  furt/icr  enacted,  That  the  legislative  assembly 
of  the  Territory  of  Iowa  shall  hold  its  first  session  at  such  time  and 
place  in  said  Territory  as  the  governor  thereof  shall  appoint  and 
direct;  and  at  said  session,  or  as  soon  thereafter  as  may  by  them  be 
deemed  expedient,  the  said  governor  and  legislative  assembly  shall 
proceed  to  locate  and  establish  the  seat  of  government  for  said  Terri- 
tory, at  such  place  as  they  may  deem  eligible,  which  place,  however, 
shall  thereafter  be  subject  to  be  changed  by  the  said  governor  and 
legislative  assembly.     And  the  sum  of  twenty  thousand  dollars,  out 


Iowa— 1838  1117 

of  any  money  in  the  treasury  not  otherwise  appropriated,  is  liereby 
granted  to  tlie  said  Territory  of  Iowa,  which  shall  be  applied  by  the 
governor  and  legislative  assembly  thereof  to  defray  the  expenses  of 
erecting  public  buildings  at  the  seat  of  government. 

Sec.  14.  And  he  it  fartJicr  enacted^  That  a  delegate  to  the  House 
of  Representatives  of  the  United  States,  to  serve  for  the  term  of  two 
years,  may  be  elected  by  the  voters  qualified  to  elect  members  of  the 
legislative  assembh',  who  shall  be  entitled  to  the  same  rights  and 
privileges  as  have  been  granted  to  the  delegates  from  the  several 
Territories  of  the  United  States  to  the  said  House  of  Representatives. 
The  first  election  shall  be  held  at  such  time  and  place  or  places,  and 
be  conducted  in  such  manner,  as  the  governor  shall  appoint  and  direct. 
I'he  person  having  the  greatest  number  of  votes  shall  be  decUired  b}^ 
the  governor  to  be  duly  elected,  and  a  certificate  thereof  shall  be 
given  to  the  person  so  elected. 

Sec.  15.  And  he  it  furtJier  enacted^  That  all  suits,  process,  and  pro- 
ceedings, and  all  indictments  and  informations,  which  shall  be  un- 
determined on  the  third  day  of  July  next,  in  the  district  courts  of 
Wisconsin  Territory,  west  of  the  Mississippi  River,  nhall  be  trans- 
ferred to  be  heard,  tried,  prosecuted,  and  determined  in  the  district 
courts  hereb}'  established,  which  may  include  the  said  counties. 

Sec.  1G.  And  he  H  further  enacted.  That  all  justices  of  the  peace, 
constables,  sherilfs.  and  all  other  executive  and  judicial  officers,  who 
shall  be  in  office  on  the  third  day  of  July  next,  in  that  portion  of  the 
present  Territory  of  Wisconsin  which  will  then,  by  this  act,  become 
the  Territory  of  Iowa,  shall  be,  and  are  hereby,  authorized  and  re- 
quired to  continue  to  exercise  and  perform  the  duties  of  their  respec- 
tive offices,  as  officers  of  the  Territory  of  Iowa,  temporarily  and  until 
they,  or  others,  shall  be  duly  appointed  to  fill  their  places  by  the 
territorial  government  of  Iowa,  in  the  manner  herein  directed :  Pro- 
vided, That  no  officer  shall  hold  or  continue  in  office,  by  virtue  of  this 
provision,  over  twelve  months  from  the  said  third  day  of  July  next. 

Sec.  17.  And  he  it  further  enacted,  That  all  causes  which  shall  have 
been  or  may  be  removed  from  the  courts  held  by  the  present  Terri- 
tory of  AVisconsin,  in  the  counties  west  of  the  Mississii)pi  River,  by 
appeal  or  otherwise,  into  the  supreme  court  of  the  Territory  of  Wis- 
consin, and  which  shall  be  undetermined  therein  on  the  third  day  of 
July  next,  shall  be  certified  by  the  clerk  of  the  said  sujireme  court,  and 
transferred  to  the  supreme  court  of  said  Territory  of  Iowa,  there  to  be 
proceeded  in  to  final  determination,  in  the  same  manner  that  they 
might  have  been  in  the  said  supreme  court  of  the  Territory  of  AVis- 
consin. 

Sec.  18.  And  he  it  further  enacted,  That  the  sum  of  five  thousand 
dollars  be,  and  the  same  is  hereby,  appropriated,  out  of  any  money  in 
the  treasury  not  otherwise  api)ropriated.  to  be  expended,  by  and  under 
the  direction  of  the  governor  of  said  Territory  of  Iowa,  in  the  pur- 
chase of  a  library,  to  be  kept  at  the  seat  of  government,  for  the  accom- 
modation of  the  governor,  legislative  assembly,  judges,  secretary, 
marshal,  and  attorney  of  said  Territory,  and  such  other  persons  as 
the  governor  and  legislative  assembly  shall  direct. 

S?:c.  19.  And  he  It  further  enacted.  That,  from  and  after  the  day 
named  in  this  act  for  the  organization  of  the  Territory  of  Iowa,  the 
term  of  the  members  of  the  council  and  house  of  representatives  of 


1118  Iowa— 1845 

(he  Territory  of  AVisconsin  shall  he  deemed  to  have  expired,  and  an 
entirely  new  organization  of  the  council  and  house  of  rej^resentatives 
of  the  Territory  of  Wisconsin,  as  constituted  by  this  act,  shall  take 
place,  as  follows:  As  soon  as  practicable  after  the  passage  of  this  act, 
the  governor  of  the  Territory  of  Wisconsin  shall  apjjortion  the  thir- 
teen members  of  the  council  and  twenty-six  members  of  the  house  of 
representatives  among  the  several  counties  or  districts  comprised 
within  said  Territory,  according  to  their  population,  as  nearly  as  may 
be,  (Indians  excepted.)  The  first  election  shall  l)e  held  at  such  time 
as  the  governor  shall  appoint  and  direct;  and  shall  be  conducted,  and 
returns  thereof  made,  in  all  respects,  according  to  the  provisions  of 
the  laws  of  said  Territory,  and  the  governor  shall  declare  the  persons 
having  the  greatest  number  of  votes  to  be  elected,  and  shall  order  a 
ncAv  election  when  there  is  a  tie  between  two  or  more  persons  voted 
for,  to  supply  the  vacancy  made  by  such  tie.  The  persons  thus 
elected  shall  meet  at  Madison,  the  seat  of  government,  on  such  day 
as  he  shall  appoint,  but  thereafter  the  apportioning  of  the  repre- 
sentation in  the  several  counties  to  the  council  and  house  of  repre- 
sentatives according  to  population,  the  day  of  their  election,  and  the 
day  for  the  commencement  of  the  session  of  the  legislative  assembly, 
shall  be  prescribed  by  law. 

Sec.  20.  .1/;^/  he  h  further  enacted^  That  temporarily,  and  until 
otherwise  provided  by  law^  of  the  legislative  assembly,  the  governor 
of  the  Territory  of  Iowa  may  define  the  judicial  districts  of  said 
Territory,  and  assign  the  judges  who  may  be  appointed  for  said 
Territory  to  the  several  districts,  and  also  appoint  the  times  for  hold- 
ing courts  in  the  several  counties  in  each  district,  by  proclamation  to 
be  issued  by  him;  but  the  legislative  assembly,  at  their  first  or  any 
subsequent  se'ssion,  may  organize,  alter,  or  modify  such  judicial  dis- 
tricts, and  assign  the  judges  and  alter  the  times  of  holding  the  courts. 
or  any  of  them. 

Approved,  June  12,  1838. 

ENABLING  ACT  FOR  IOWA— 1845  ' 

(See  Florida,  pp.  (■>(;2-<)ii4) 

SUPPLEMENTARY  ENABLING  ACT  FOR  IOWA— 1845 

[Twenty-eighth  Congress.  Second  Session  1 

All  Act  snitplement;!!   to  the  act  for  the  admission  of  the  States  of  Iowa  and 

Florida  into  the  Union 

Be  it  evucted  hy  the  Senate  <iiid  House  of  Beprescntatires  of  the 
United  States  of  America  in  Congress  assembled,  That  the  laws  of 
the  United  States,  which  are  not  locally  inapplicable,  shall  have  the 

a  One  act  of  Congress,  approved  March  3.  184.5,  provided  for  the  admission  of 
the  States  of  Iowa  and  Florida  into  the  Union.  The  Ixnindaries  of  Iowa,  as 
fixed  hy  this  act.  were  not  acceptahle  to  the  people,  who  refused  their  assent  by 
a  vote  (under  the  provisions  of  the  fourth  section)  of  7,235  for  and  7,(556  against. 


Iowa— 1845  1119 

same  force  and  elt'ect  within  the  State  of  Iowa  as  elsewhere  witliin 
the  United  States. 

Sec.  2.  And  he  H  fnrtlier  enactecL  That  the  said  State  shall  be  one 
district,  and  be  called  the  district  of  Iowa ;  and  a  district  conrt  shall 
be  held  therein,  to  consist  of  one  judge,  who  shall  reside  in  the  said 
district,  and  be  called  a  district  judge.  He  shall  hold,  at  the  seat  of 
government  of  the  said  State,  two  sessions  of  the  said  district  court 
annually,  on  the  first  IMonday  in  January,  and  he  shall,  in  all  things, 
have  and  exercise  the  same  jurisdiction  and  powers  which  were  by 
law  given  to  the  judge  of  the  Kentucky  district,  under  an  act  entitled 
"An  act  to  establish  the  judicial  courts  of  the  United  States."  He 
shall  appoint  a  clerk  for  the  said  district,  who  shall  reside  and  keep 
the  records  of  the  said  court  at  the  place  of  holding  the  same;  and 
shall  receive,  for  the  services  performed  by  him,  the  same  fees  to 
which  the  clerk  of  the  Kentucky  district  is  by  law  entitled  for  similar 
services. 

Sec.  3.  And  he  it  further  enacted^  That  there  shall  be  allowed  to 
the  judge  of  the  said  district  court  the  annual  compensation  of  fif- 
teen hundred  dollars,  to  commence  from  the  date  of  his  appointment, 
to  be  paid  quarterly,  at  the  treasury  of  the  United  States. 

Sec.  4.  Aud  he  it  ftirtJier  enacted^  That  there  shall  be  appointed  in 
the  said  district  a  person,  learned  in  the  law,  to  act  as  attorney  for 
the  United  States;  who  shall,  in  addition  to  his  stated  fees,  be  paid 
annually  by  the  United  States  two  hundred  dollars,  as  a  full  com- 
pensation for  all  extra  services;  the  said  payment  to  be  made  quar- 
terly, at  the  treasury  of  the  United  States. 

Sec.  5.  And  he  it  further  enacted.  That  a  marshal  shall  be  ap- 
pointed for  the  said  district,  who  shall  perform  the  same  duties,  be 
subject  to  the  same  regulations  and  penalties,  and  be  entitled  to  the 
same  fees,  as  are  prescribed  and  allowed  to  marshals  in  other  dis- 
tricts; and  shall,  moreover,  be  entitled  to  the  sum  of  two  hundred 
dollars  annually,  as  a  compensation  for  all  extra  services. 

Sec.  G.  And  he  it  further  enacted^  That  in  lieu  of  the  propositions 
submitted  to  the  Congress  of  the  United  States,  by  an  ordinance 
passed  on  the  first  day  of  November,  eighteen  hunctred  and  forty- 
four,  by  the  convention  of  delegates  at  Iowa  City,  assembled  for  the 
purpose  of  making  a  constitution  for  the  State  of  Iowa,  which  are 
hereby  rejected,  the  following  propositions  be,  and  the  same  are 
hereby,  offered  to  the  legislature  of  the  State  of  Iowa,  for  their 
acceptance  or  rejection;  which  if  accepted,  under  the  authority  con- 
ferred on  the  said  legislature  by  the  convention  which  framed  the 
constitution  of  the  said  State,  shall  be  obligatory  upon  the  United 
States:" 

First.  That  section  numbered  sixteen  in  every  township  of  the 
public  lands,  and,  where  such  section  has  been  sold  or  otherwise  dis- 
])osed  of,  other  lands  ecjuivalent  thereto,  and  as  contiguous  as  may  be, 
shall  be  granted  to  the  State  for  the  use  of  schools. 

Second.  That  the  seventy-two  sections  of  land  set  apart  and  re- 
served for  the  use  and  support  of  a  university,  by  an  act  of  Congress 
approved  on  the  twentieth  day  of  July,  eighteen  hundred  and  fort}'^, 


a  Those  propositions  were  accepted  by  an  act  of  the  general  assembly  of  the 
State  of  Iowa  .January  15,  1849. 


1120  Towa— 184^5 

ciilitled  "An  act  gianliii^-  two  t()\vnshii)s  of  laud  for  the  use  of  a 
university  in  the  Territorv  of  Iowa,''  are  hereby  granted  and  con- 
veyed to  the  State,  to  be  appropriated  sokdy  to  the  nse  and  support 
of  such  uniA-ersity,  in  such  manner  as  the  legishiture  may  prescribe. 

Third.  That  five  entire  sections  of  land,  to  be  selected  and  located 
nnder  the  direction  of  the  legislature,  in  legal  divisions  of  not  less 
than  one  quarter-section,  from  any  of  the  unajopropriated  lands 
belonging  to  the  United  States  v^'ithin  the  said  State,  are  hereby 
granted  to  the  State  for  the  purpose  of  completing  the  public  build- 
ings of  the  said  State,  or  for  the  erection  of  ])ublic  buildings  at  the 
seat  of  government  of  the  said  State,  as  the  legislature  may  determine 
and  direct. 

Fourth.  That  all  salt  springs  within  the  State,  not  exceeding  twelve 
in  number,  with  six  sections  of  land  adjoining,  or  as  contiguous  as 
may  be  to  each,  shall  be  granted  to  the  said  State  for  its  use;  the  same 
to  be  selected  by  the  legislature  thereof,  within  one  year  after  the 
admission  of  said  State,  and  the  same,  wdien  so  selected,  to  be  used 
on  such  terms,  conditions,  and  regulations  as  the  legislature  of  the 
State  shall  direct:  Pi^ovkled.,  That  no  salt  spring,  the  right  Avhereof 
is  now  vested  in  any  individual  or  individuals,  or  which  may  here- 
after be  confirmed  or  adjudged  to  any  individual  or  individuals,  shall, 
by  this  section,  be  granted  to  said  State:  And  prodded  (dso,  That 
the  general  assembly  shall  never  lease  or  sell  the  same,  at  any  one 
time,  for  a  longer  period  than  ten  years,  without  the  consent  of 
Congress. 

Fifth.  That  5  per  cent,  of  the  net  proceeds  of  sales  of  all  public 
lands  lying  within  the  said  State,  which  have  been  or  shall  be  sold 
by  Congress,  from  and  after  the  admission  of  said  State,  after 
deducting  all  the  expenses  incident  to  the  same,  shall  be  appro- 
priated for  making  public  roads  and  canals  within  the  said  State, 
as  the  legislature  may  direct:  P?'orided,  That  the  fixe  foregoing 
propositions  herein  offered  are  on  the  condition  that  the  legislature 
of  the  said  State,  by  virtue  of  the  powers  conferred  upon  it  by  the 
convention  which  framed  the  constitution  of  the  said  State,  shall 
]:)rovide  by  an  ordinance,  irrevocable  without  the  consent  of  the 
United  States,  that  the  said  State  shall  never  interfere  with  the  pri- 
mary disposal  of  the  soil  within  the  same  by  the  United  States,  nor 
with  any  regulations  Congress  may  find  necessary  for  securing  the 
title  in  such  soil  to  the  hona-fde  purchasers  thereof;  and  that  no  tax 
shall  be  imposed  on  lands  the  projierty  of  the  United  States;  and 
that  in  no  case  shall  non-resident  proprietors  be  taxed  higher  than 
residents;  and  that  the  bounty-lands  granted,  or  hereafter  to  be 
granted,  for  military  services  during  the  late  war,  shall,  while  they 
continue  to  be  held  by  the  patentees  or  their  heirs,  remain  exempt 
from  any  tax  laid  by  order  or  under  the  authority  of  the  State, 
whether  for  State,  county,  township,  or  any  other  purpose,  for 
.the  term  of  three  years  from  and  after  the  date  of  the  patent.'^, 
respectively. 

Approved.  ]March  8.  1845. 


Iowa— me  1121 

ACT  DEFINING  BOUNDARIES  OF  IOWA— 1846 « 

[Twenty-ninth  Congress,  First  Session] 

An  Act  to  define  the  boundaries  of  the  State  of  Iowa,  and  to  repeal  so  much  of 
the, act  of  the  third  of  March,  one  thousand  eight  hundred  and  forty-five, 
as  relates  to  the  boundaries  of  Iowa 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assemhled^  That  the  following 
shall  be,  and  they  are  hereby,  declared  to  be  the  boundaries  of  the 
State  of  Iowa,  in  lieu  of  those  prescribed  by  the  second  section  of 
the  act  of  the  third  of  March,  eighteen  hundred  and  forty-fiye.  en- 
titled ''An  Act  for  the  Admission  of  the  States  of  Iowa  and  Florida 
into  the  Union,""  yiz.  Beginning  in  the  middle  of  the  main  channel 
of  the  ^Mississippi  Riyer,  at  a  point  due  east  of  the  middle  of  the 
mouth  of  the  main  channel  of  the  Des  Moines  Eiver;  thence  up 
the  middle  of  the  main  channel  of  the  said  Des  Moines  Riyer  to  a 
])oint  on  said  riyer  where  the  northern  Ijoundary-line  of  the  State  of 
Missouri,  as  established  by  the  constitution  of  that  State  adopted 
June  twelfth,  eighteen  hundred  and  twenty,  crosses  the  said  middle 
of  the  main  channel  of  the  said  Des  Momes  Riyer;  thence  west- 
Avardly.  along  the  said  northern  boundary-line  of  the  State  of  Mis- 
souri as  establislied  at  the  time  aforesaid,  until  an  extension  of  said 
line  intersect  the  middle  of  the  main  channel  of  the  Missouri  Riyer; 
thence  up  the  middle  of  the  main  channel  of  the  said  jNIissouri  Riyer 
to  a  point  opposite  the  middle  of  the  main  channel  of  the  Big  Sioux 
Riyer,  according  to  Nicollet's  map;  thence  up  the  main  channel  of 
the  said  Big  Sioux  Riyer,  according  to  said  map,  until  it  is  inter- 
sected by  the  parallel  of  forty-three  degrees  and  thirty  minutes  north 
latitude;  thence  east  along  said  parallel  of  forty-three  degrees  and 
thirty  minutes,  until  said  parallel  intersect  the  middle  of  the  main 
channel  of  the  Mississippi  Riyer;  thence  down  the  middle  of  the 
main  channel  of  said  Mississippi  Riyer  to  the  place  of  beginning. 

Sec.  2.  And  he  it  further  enacted.  That  the  question  which  has 
heretofore  been  the  subject-matter  of  controversy  and  dispute  be- 
tween the  State  of  INIissouri  and  the  Territory  of  Iowa,  respecting  the 
precise  location  of  the  northern  boundary-line  of  the  State  of  Mis- 
souri, shall  be,  and  the  same  is  hereby,  referred  to  the  Suj^reme  Court 
of  the  ITnited  States  for  adjudication  and  settlement,  in  accordance 
with  the  act  of  the  Legislature  of  Missouri,  approyed  March  twenty- 
five,  eighteen  hundred  and  forty-fiye,  and  the  memorial  of  the  Council 
and  House  of  Representatives  of  the  Territory  of  Iowa,  approved 
January  seyenteenth,  eighteen  hundred  and  forty-six,  by  which  both 
])arties  have  agreed  to  "  the  commencement  and  speedy  determina- 
tion of  such  suit  as  may  be  necessary  to  procure  final  decision  by 
the  Supreme  Court  of  the  Ignited  States  upon  the  true  location  of  the 
uorthern  boundary  of  that  State ;  ' '  and  the  said  Supreme  Court  is 
hereby  invested  with  all  the  power  and  authority  necessary  to  the 
performance  of  the  duty  imposed  by  this  section. 

«  This  legislation  was  to  meet  the  wishes  of  the  peojde  of  Iowa,  who  had 
rejected  the  lioundaries  previously  defined  by  Congress  in  the  act  approved 
March  3.  1845. 


1122  Iowa—184(^ 

Sec.  ?>.  Avd  he  it  furt/ier  aiaeted.  That,  until  the  next  census  and 
apportionment  shall  be  made,  the  State  of  Iowa  shall  be  entitled  to 
two  Representatives  in  the  House  of  Representatives  of  the  United 
States. 

Sec.  4.  And  he  if  further  enaeted.  That  so  nuich  of  the  act  of  the 
third  of  March,  ei^'hteen  hundred  and  forty-five,  entitled  "An  Act 
for  the  Admission  of  the  States  of  Iowa  and  Florida  into  the  Union," 
relating  to  the  said  State  of  Iowa,  as  is  inconsistent  with  the  pro- 
visions of  this  act,  be,  and  the  same  is  hereby,  repealed. 

Approved,  August  4,  1846. 


ACT  ADMITTING  STATE  OF  IOWA— 1846 

frWENTY-NINTH    CONGRESS,    SECOND    SESSION] 

An  Act  for  the  admission  of  the  State  of  Iowa  into  the  Union 

Whereas  the  people  of  the  Territory  of  Iowa  did,  on  the  eighteenth 
day  of  May,  anno  Domini  eighteen  hundred  and  forty-six,  by  a  con- 
vention of  delegates  called  and  assembled  for  that  purpose,  form  for 
themselves  a  co^istitution  and  State  government — which  constitution 
is  republican  in  its  character  and  features — and  said  convention  has 
asked  admission  of  the  said  Territory  into  the  Union  as  a  State,  on  an 
equal  footing  with  the  original  States,  in  obedience  to  "An  x4ct  for 
the  Admission  of  the  States  of  Iowa  and  Florida  into  the  Union," 
approved  March  third,  eighteen  hundred  and  forty-five,  and  "An  Act 
to  define  the  Boundaries  of  the  State  of  Iowa,  and  to  repeal  so  much 
of  the  Act  of  the  third  of  March,  one  thousand  eight  hundred  and 
forty-five,  as  relates  to  the  Boundaries  of  Iowa,"  which  said  last  act 
was  approved  August  fourth,  anno  Domini  eighteen  hundred  and 
forty-six :  Therefore — 

Be  it  enacted  hy  tliK  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assenihled,  That  the  State  of 
Iowa  shall  be  one,  and  is  hereby  declared  to  be  one,  of  the  United 
States  of  America,  and  admitted  into  the  Union  on  an  equal  footing 
Avith  the  original  States  in  all  respects  whatsoever. 

Sec.  2.  And  he  it  further  enacted.  That  all  the  provisions  of  "An 
Act  supplemental  to  the  Act  for  the  Admission  of  the  States  of  Iowa 
and  Florida  into  the  Union,"  approved  March  third,  eighteen  hundred 
and  forty-five,  be,  and  the  same  are  hereby,  declared  to  continue  and 
remain  in  full  force  as  applicable  to  the  State  of  Iowa,  as  hereby 
admitted  and  received  into  the  Union. 

Approved,  December  28,  184G. 


Iowa— 1846  1123 


CONSTITUTION  OF  IOWA— 1846  » 

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  continuation  of  those  blessings,  do  ordain  and  establish 
a  free  and  independent  government,  by  the  name  of  the  State  of 
Iowa,  the  boundaries  whereof  shall  be  as  follows: 

Beginning  in  the  middle  of  the  main  channel  of  the  Mississippi 
river,  at  a  point  due  east  of  the  middle  of  the  mouth  of  the  main 
channel  of  the  Des  Moines  river;  thence  up  the  middle  of  the  main 
channel  of  the  said  Des  Moines  river,  to  a  point  on  said  river  where 
the  northern  boundary  line  of  the  State  of  Missouri — as  established 
by  the  Constitution  of  that  State,  adopted  June  12th,  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  Missouri,  as  established  at  the  time  aforesaid,  until  an  ex- 
tension of  said  line  intersects  the  middle  of  the  main  channel  of  the 
Missouri  river :  thence  up  the  middle  of  the  main  channel  of  the  said 
Missouri  river  to  a  point  opposite  the  middle  of  the  main  channel  of 
the  Big  Sioux  river,  according  to  Xicollett's  map;  thence  up  the  main 
channel  of  the  said  Big  Sioux  river,  according  to  said  map,  until  it 
is  intersected  by  the  parallel  of  forty-three  degrees  and  thirty  min- 
utes north  latitude;  thence  east  along  said  parallel  of  forty-three 
degrees  and  thirty  minutes  until  said  parallel  intersects  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  1 

BILL    or    RIGHTS 

Sectiox  1.  All  men  are,  l)v  nature,  free  and  independnt.  and  liave 
certain  unalienable  rights — among  which  are  those  of  enjoying  and 
defending  life  and  liberty,  acquiring,  possessing  and  protecting  prop- 
erty, and  pursuing  and  obtaining  safety  and  happiness. 

Section  2.  All  political  power  is  inherent  in  the  people,  (iov- 
ernment  is  instituted  for  the  protection,  security,  and  benefit  of  the 
people,  and  they  have  the  right,  at  all  times,  to  alter  or  reform  the 
same,  whenever  the  public  good  may  require  it. 

Section  3.  The  general  assembly  shall  make  no  law  respecting  an 
establishment  of  religion,  or  prohibiting  the  free  exercise  thereof; 
nor  shall  any  person  be  compelled  to  attend  any  place  of  worship, 
pay  tithes,  taxes,  or  other  rates  for  building  or  repairing  places  of 
worship,  or  the  maintenance  of  any  minister  or  ministry. 

Section  4.  No  religious  test  shall  be  required  as  a  qualification  for 
any  office  or  public  trust,  and  no  person  shall  be  depriA'ed  of  any  of 

<J  Verified  from  "The  Debates  of  the  Constitutional  Convention;  of  the  State 
of  Iowa,  Assembled  at  Iowa  City,  Monday,  January  U).  1857.  Heiuii  a  full  and 
complete  report  of  the  debates  and  proceedings,  by  authority  of  the  convention  ; 
accompanied,  for  [jurjioses  of  reference,  hy  a  (•()|)ious  index  of  subjects,  and  re- 
marks of  menil)ers  thereon.  Official.  W.  Blair  Lord,  Kei)orter.  Charles  B. 
Collar,  Henry  M.  Parkhurst,  Assistants.  Vol.  2.  Davenport :  Luse,  Lane  &  Co., 
Publishers,  Job  Printers,  and  Bookbinders.     1S57."     I'ages  lOOT-lOOO. 


1124  Imva—1846 

his  ri<j,lits,  privileges  or  capacities,  or  clisqiiaiitied  from  the  perform- 
ance 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. 

Section  5.  Any  citizen  of  this  State  who  may  hereafter  be  engaged, 
either  directly  or  indirectly,  in  a  duel,  either  as  principal  or  acces- 
sory before  the  fact,  shall  forever  ])e  disqualified  from  holding  any 
office  under  the  constitution  and  laws  of  this  State. 

Section  fi.  All  laws  of  a  general  nature  shall  have  a  uniform 
operation. 

Section  7.  Everj'^  person  may  speak,  write,  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  right. 
No  law  shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech  or 
of  the  press.  In  all  prosecutions,  or  indictments  for  libel,  the  truth 
may  be  given  in  evidence  to  the  jury,  and  if  it  appear  to  the  jury  that 
the  matter  charged  as  libelous  was  true,  and  was  published  with  good 
motives,  and  for  justifiable  ends,  the  party  shall  be  acquitted. 

Section  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. 

Section  9.  The  right  of  trial  by  jury  shall  remain  inviolate:  but 
the  general  assembly  may  authorize  trial  by  a  jury  of  a  less  numl)er 
than  twelve  men  in  inferior  courts. 

Section  10.  In  all  criminal  prosecutions,  the  accused  shall  have  a 
right  to  a  speedy  trial  by  an  impartial  jury;  to  be  informed  of  th« 
accusation  against  him;  to  be  confronted  with  the  witnesses  againsj 
him ;  to  have  compulsory  process  for  his  own  witnesses,  and  to  hav| 
the  assistance  of  a  counsel. 

Section  11.  Xo  person  shall  be  held  to  answer  for  a  criminal 
offense,  unless  on  presentment  or  indictment  by  a  grand  jury,  excejit 
in  cases  cognizable  before  a  justice  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. 

Section  12.  No  person  shall,  after  acquittal,  be  tried  for  the  same 
offense.'  All  persons  shall,  before  conviction,  be  bailable  by  sufficient 
sureties,  except  for  capital  offenses  where  the  proof  is  evident,  or  the 
presumption  great.  _ 

Section   13.  The  writ  of  habeas  corpus  shall  not  be  suspended,   i| 
unless  in  case  of  rebellion  or  invasion  the  public  safety  may  require  it. 

Section  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  appropriation  for  a  standing  army  shall  be  for  a 
longer  time  than  two  years. 

Section  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. 

Section  16.  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. 


»er 

i 


Iowa— 1846  1125 

Section  17.  Excessive  bail  shall  not  be  required;  excessive  fines 
shall  not  be  imposed,  and  cruel  and  unusual  punishments  shall  not  te 
inflicted. 

Section  18.  Private  property  shall  not  be  taken  for  public  use 
without  just  compensation. 

Section  10.  No  person  shall  be  imprisoned  for  debt  in  any  civil 
action,  on  mesne  or  final  process,  unless  in  case  of  fraud;  and  no  per- 
son shall  be  imprisoned  for  a  militia  fine  in  time  of  peace. 

Section  20.  The  people  have  the  right  freely  to  assemble  to<>ether 
to  counsel  for  the  common  good;  to  make  knoAvn  their  opinions  to 
their  representatives,  and  to  petition  for  a  redress  of  grievances. 

Section  21.  Xo  bill  of  attainer,  ex-post-facto-law,  or  law  impair- 
ing the  obligation  of  contracts  shall  ever  be  passed. 

Section  22.  Foreigners  who  are.  or  may  hereafter  become  resi- 
dents of  this  State,  shall  enjoy  the  same  rights  iir  respect  to  the 
possession,  enjoyment  and  descent  of  property,  as  native-born  citizens. 

Section  23.  Neither  slavery  nor  involuntary  servitude,  unless  for 
the  punishment  of  crimes,  shall  ever  be  tolerated  in  this  State. 

Section  24:.  This  enumeration  of  rights  shall  not  be  construed  to 
impair  or  deny  others,  retained  by  the  people. 

Article  2 

RIGHT    OF    Sl'FFRAOE 

Section  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  preceding  the  election,  and  the  county  in  which  he 
claims  his  vote,  twenty  days,  shall  be  entitled  to  vote  at  all  elections 
which  ai'e  now  or  hereafter  may  be  authorized  by  law. 

Section  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. 

Section  3.  No  elector  shall  be  obliged  to  perform  militia  duty  on 
the  day  of  election,  except  in  time  of  war  or  public  danger. 

Section  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  oi-  naval  place 
or  station  within  this  State. 

Six'TioN  5.  No  idiot  or  insane  person,  or  person  convicted  of  any 
infamous  crime,  shall  be  entitled  to  the  privileges  of  an  elector. 

Section  6.  All  elections  by  the  people  shall  be  by  ballot. 

Article  3 

of  the  distribution  of  powers 

Section  1.  The  powers  of  the  government  of  Iowa  shall  be  divided 
into  three  separate  departments:  The  Legislative,  the  Executive,  and 
Ihe  Judicial;  and  no  person  charged  with  the  exercise  of  powers  prop- 
erly belonging  to  one  of  these  departments  shall  exercise  any  function 


1126  Iowa— 1846 

appertaining  to  either  of  the  others,  except  in  cases  hereinafter  ex- 
pressly directed  or  permitted. 

nEGISLATlVE    DEPART  INI  K^  T 

Section  1.  The  legisLitiA'e  authority  of  this  State  shall  be  vested 
in  a  Senate  and  House  of  Representatives;  which  shall  ])e  desio;iiated 
the  General  Assembly  of  the  State  of  Iowa  ;  and  the  style  of  their 
laws  shall  commence  in  the  following  manner:  ''Be  it  enacted  by  the 
General  Assembly  of  the  State  of  Iowa." 

Section  2.  The  sessions  of  the  General  Assembly  shall  be  biennial, 
and  shall  commence  on  the  first  Monday  of  December  next  ensuing 
the  election  of  its  members;  unless  the  Governor  of  the  State  shall, 
in  the  interim,  convene  the  General  Assembly  by  proclamation. 

Section  3.  The  members  of  the  House  of  Representatives  shall  be 
chosen  every  second  year,  by  the  qualified  electors  of  their  respective 
districts,  on  the  first  Monday  in  August :  whose  term  of  office  shall 
continue  tAvo  years  from  the  clay  of  the  general  election. 

Section  4.  Xo  person  shall  be  a  member  of  the  House  of  Repre- 
sentatives 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. 

Section  5.  Senators  shall  be  chosen  for  the  term  of  four  years,  at 
the  same  time  and  place  as  Representatives :  they  shall  he  twenty-five 
years  of  age,  and  possess  the  cjualifications  of  Representatives  as  to 
residence  and  citizenship. 

Section  6.  The  number  of  Senators  shall  not  be  less  than  one  third, 
nor  more  than  one  half  the  representative  body ;  and  at  the  fi.rst  ses- 
sion of  the  General  Assembly,  after  this  constitution  takes  effect,  the 
Senators  shall  be  divided  by  lot,  as  equally  as  may  be.  into  tAvo 
classes;  the  seats  of  the  Senators  of  the  first  class  shall  be  vacated 
at  the  expiration  of  the  second  year,  so  that  one  half  shall  be  chosen 
every  two  years. 

Section  7.  AAlien  the  number  of  Senators  is  increased,  they  shall 
be  annexed  by  lot  to  one  of  the  two  classes,  so  as  to  keep  them  as 
nearly  equal  in  number  as  practicable. 

Section  8.  Each  House  shall  choose  its  own  officers,  and  judge  of 
the  qualification,  election  and  return  of  its  own  members.  A  con- 
tested election  shall  be  determined  in  such  manner  as  shall  l>e  directed 
by  law. 

Section  9,  A  majorit}^  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  proA'ide. 

Section  10.  Each  House  shall  sit  upon  its  own  adjournments,  keep 
a  journal  of  its  proceedings,  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  offense;  and  shall  haA'e  all  other  poAvers  necessary  for  a 
branch  of  the  General  Assembly  of  a  free  and  independent  State. 

Section  11.  EA'ery  member  of  the  General  Assembly  shall  haA^e  the 
liberty  to  dissent  from,  or  protest  against  any  act  or  resolution  Avhicli 


Iowa— 1846  1127 

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  de- 
sire of  any  two  members  present,  be  entered  on  the  journals. 

Section  12.  Senators  and  Representatives,  in  all  cases,  except  trea- 
son, 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. 

Section  13.  "When  vacancies  occur  in  either  House,  the  Governor, 
or  the  person  exercising  the  functions  of  Governor,  shall  issue  writs 
of  election  to  fill  such  vacancies. 

Section  11.  The  doors  of  each  House  shall  be  open,  except  on  such 
occasion  as.  in  the  opinion  of  the  House,  may  require  secrecy. 

Section  15.  Neither  House  shall,  Avithout  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  they  may  be  sitting. 

Section  K).  Bills  may  originate  in  either  House,  except  bills  for 
revenue,  which  shall  always  originate  in  the  House  of  liepresenta- 
tives,  and  may  be  amended,  altered,  or  rejected  by  the  other;  and 
every  bill  having  passed  both  Houses,  shall  be  signed  by  the  Speaker 
and  President  of  their  respective  Houses. 

Section  17.  Every  bill  which  shall  have  passed  the  General  Assem- 
bly, shall,  before  it  becomes  a  law,  be  presented  to  the  Governor.  If 
he  approve,  he  shall  sign  it;  but  if  not,  he  shall  return  it  with  his 
objections,  to  the  House  in  Avhich  it  originated,  which  shall  enter  the 
same  upon  the  journal,  and  proceed  to  reconsider  it:  if.  after  such 
reconsideration,  it  again  pass  both  Houses,  by  yeas  and  naA's,  by  a 
majority  of  two  thirds  of  the  members  of  each  House  present,  it  shall 
become  a  law.  notwithstanding  the  (irovernor's  objections.  If  any 
bill  shall  not  be  returned  within  three  da^'s  after  it  shall  have  been 
presented  to  him,  {Sunday  excepted),  the  same  shall  be  a  law  in 
like  manner  as  if  he  had  signed  it.  unless  the  General  Assembly,  by 
adjournment,  prevent  such  return. 

Section  18.  An  accurate  statement  of  the  receipts  and  expenditures 
of  the  public  money,  shall  be  attached  to  and  published  with  the  laws, 
at  every  regular  session  of  the  General  Assembly. 

Section  19.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment,  and  all  impeachments  shall  be  tried  by  the 
Senate.  When  sitting  for  that  purpose,  the  Senators  shall  be  upon 
oath  or  aiRrmation;  and  no  person  shall  be  convicted  without  the 
concurrence  of  two-thirds  of  the  members  present. 

Section  "20.  The  Governor,  Secretary  of  State,  Auditor,  Treasurer, 
and  Judges  of  the  Supreme  and  District  Courts,  shall  be  liable  to  im- 
peachment for  any  misdemeanor  in  office;  but  judgment  in  such  cases 
shall  extend  only  to  removal  from  office,  and  disqualification  toliold 
any  office  of  honor,  trust,  or  j^rotit,  under  this  State;  but  the  jiarty 
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  As- 
sembly may  provide. 

Section  21.  Xo  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 


1128  Iowa— 1846 

einoliiments  of  winch  slmll  have  been  increased  tluring  such  term, 
except  such  offices  as  may  be  filled  by  elections  by  the  ]:)eople. 

Section  22,  No  person  holding  any  lucrative  office  under  the 
United  States,  or  this  State,  or  any  other  power,  shall  be  elif^ible  to 
the  General  Assembly:  Provided,  that  offices  in  the  militia,  to  which 
there  is  attached  no  annual  salary,  or  the  office  of  justice  of  the  ])eace, 
or  postmasters  whose  compensation  does  not  exceed  one  hundred 
dollars  per  annum,  shall  not  be  deemed  lucrative. 

Section  23.  No  person  who  may  hereafter  be  a  collector  or  holder 
of  public  monej's,  shall  have  a  seat  in  either  house  of  the  (jeneral 
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. 

Section  24.  No  money  shall  be  drawn  from  the  treasury  but  in 
consequence  of  appropriations  made  by  law. 

Section  25.  p]ach  member  of  the  (ieneral  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 
o:overnor,  they  shall  receive  such  sums  as  shall  be  fixed  for  the  first 
fifty  days  of  the  ordinary  session.  They  shall  also  receive  two  dollars 
for  evei'v  twenty  miles  they  travel,  in  going  to  and  returning  from 
their  place  of  meeting,  on  the  most  usual  route :  Provided,  however. 
That  the  members  of  the  first  General  Assembly  under  this  constitu- 
tion shall  receive  two  dollars  per  day  for  their  services  during  the 
entire  session. 

Section  26.  Every  law  shall  embrace  but  one  subject,  which  shall 
be  expressed  in  the  title. 

Section  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  As- 
semblv  shall  deem  any  law  of  immediate  importance,  they  may  pro- 
vide that  the  same  shall  take  effect  by  iniblication  in  newspapers  in 
the  State. 

Section  28.  No  divorce  shall  be  granted  by  the  General  Assembly. 

Section  29.  No  lottery  shall  be  authorized'  by  this  State;  nor  shall 
the  sale  of  lottery  tickets  be  allowed. 

Section  ?>0.  Members  of  the  General  Assembly  shall,  before  they 
enter  upon  the  duties  of  their  respective  offices,  take  and  subscribe 
the  following  oath  or  affirmation:  ''I  do  solemnly  swear,  (or  affirm, 
as  the  case  may  be.)  that  I  will  suj^port  the  constitution  of  the  United 
States,  and  tlie  constitution  of  the  State  of  Iowa,  and  that  I  will 
faithfully  discharge  the  duties  of  Senator,  (or  Representative,  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. 

Section  31.  Within  one  year  after  the  ratification  of  this  constitu- 
tion, and  within  every  subsequent  term  of  two  years,  for  the  term  of 
eight  years,  an  enumeration  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  the  first  regular 
session  of  the  General  Assembly,  after  such  enumeration,  be  fixed  by 


Iowa— 1846  1129 

hiw,  and  apportioned  among  the  vseveral  counties  according'  to  the 
number  of  Avhite  inhabitants  in  each;  and  (The  General  Assembly) 
shall  also,  at  every  subsequent  regular  session,  apportion  the  House 
of  Representatives;  and  every  other  regular  session  the  Senate,  for 
eight  years;  and  the  House- of  Representatives  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  Repre- 
sentatives shall  never  be  less  than  thirty-nine  nor  exceeding  seventy- 
two. 

Section  3t2.  When  a  Congressional,  Senatorial,  or  Representative 
district  shall  be  composed  of  two  or  more  counties,  it  shall  not  be 
entirely  separated  by  any  county  belonging  to  another  district;  and 
no  county  shall  be  divided  in  forming  a  Congressional,  Senatorial, 
or  Representative  district. 

Section  33.  In  all  elections  by  the  (ireneral  Assembly,  the  members 
thereof  shall  vote  viva  voce ;  and  the  votes  shall  be  entered  upon  the 
journal. 

Section  34.  For  the  first  ten  years  after  the  organization  of  the 
government,  the  annual  salary  of  the  Governor  shall  not  exceed  one 
thousand  dollars;  Secretary  of  State  five  hundred  dollars:  Treas- 
urer, four  hundred  dollars;  Auditor,  six  hundred  dollars;  Judges  of 
the  Supreme  and  District  Courts,  each  one  thousand  dollars. 

Article  4 

executive  department 

Section  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. 

Section  2.  The  Governor  shall  l)c  elected  by  the  qualified  electors 
at  the  time  and  place  of  voting  for  members  of  the  General  Assembly, 
and  shall  hold  his  office  four  years  from  the  time  of  his  installation, 
and  until  his  successor  shall  be  qualified. 

Section  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  preceding  the  election,  and  attained  the  age  of 
tliirty  years,  at  the  time  of  said  election. 

Section  4.  The  returns  of  every  election  for  Governor  shall  l)e 
sealed  up  and  transmitted  to  the  seat  of  government,  directed  to  the 
Speaker  of  the  House  of  Rej^resentatives,  who  shall,  during  the  first 
Meek  of  the  session,  open  and  publish  them  in  presence  of  both  houses 
of  the  General  Assembly.  The  person  having  the  highest  numl)er  of 
votes  shall  be  Governor;  but  in  case  any  two  or  more  have  an  e<|ual 
and  the  highest  number  of  A'otes,  the  General  Assembly  shall,  by  joint 
vote,  choose  one  of  said  persons  so  having  an  equal  and  the  highest 
number  of  votes,  for  Governor. 

Section  5.  The  Governor  shall  be  commander-in-chief  of  the  mili- 
tia, the  army  and  navy  of  this  State. 

Section  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  sub- 
ject relating  to  the  duties  of  their  respective  offices. 


1130  Iowa—184G 

Section  7.  He  shall  see  that  the  laws  are  faithl'iilly  executed. 

Section  8.  When  any  office  shall,  from  any  cause,  become  vacant, 
and  no  mode  is  provided  by  the  constitution  and  laAvs  for  fillinii'  such 
vacancy,  the  <>()V('rn()r  shall  have  power  to  (ill  such  vacancy  by  iirant- 
in<>;  a  conunission,  which  shall  expire  at  the  end  of  the  next  session 
of  the  <>-eneral  assenil^ly,  or  at  the  next  election  by  the  ])eople. 

Section  0.  He  nuiy,  on  extraordinary  occasions,  con\'ene  the  (Jen- 
eral  Assembly,  by  ])roclamation,  and  shall  state  to  both  Houses,  when 
assembled,  the  pur])ose  for  which  they  shall  have  been  convened. 

Section  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. 

Section  11.  In  case  of  disagreement  between  the  two  Houses,  with 
respect  to  the  time  of  adjournment,  the  (lovernor  shall  have  power  to 
adjourn  the  General  Assembly  to  such  time  as  he  may  thiniv  proper, 
provided  it  be  not  beyond  the  time  fixed  for  the  meeting  of  the  next 
General  Assembly. 

Section  12.  No  person  shall,  while  holding  any  other  office  under 
the  United  States,  or  this  State,  execute  the  office  of  Governor,  except 
as  hereinafter  expressly  provided. 

Section  18.  The  Governor  shall  have  power  to  grant  reprieves  and 
pardons,  and  commute  punishments  after  conviction,  except  in  cases 
of  im])eachment. 

Section  14.  The  Governor  shall,  at  stated  times,  receive  for  his 
services,  a  compensation  which  shall  neither  be  increased  nor  dimin- 
ished during  the  time  for  which  he  shall  have  been  elected. 

Section  15.  There  shall  be  a  seal  of  this  State,  which  shall  be  ke[)t 
by  the  Governor,  and  used  by  him  officially,  and  shall  be  called  the 
Great  Seal  of  the  State  of  loAva. 

Section  IC.  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  tliis  State,  signed  by  the  Governor,  and  countersigned 
by  the  Secretary  of  State. 

'  Section  17.  A  Secretary  of  State,  Auditor  of  Public  Accounts,  and 
Treasurer,  shall  be  elected  by  the  qualified  electors,  who  shall  con- 
tinue in  office  two  years.  The  Secretary  of  State  shall  keep  a  fair 
register  of  all  the  official  acts  of  the  Governor,  and  shall,  when 
required,  lay  the  same,  together  with  all  the  papers,  minutes,  and 
vouchers  thereto,  before  either  branch  of  the  General  Assembly,  and 
shall  perform  such  other  duties  as  shall  be  assigned  him  by  law. 

Section  18.  In  case  of  the  impeachment  of  the  Governor,  his 
i-emoval  from  office,  death,  resignation,  or  absence  from  the  State, 
the  powers  and  duties  of  the  office  shall  devolve  upon  the  Secretary  of 
State,  until  such  disability  shall  cease,  or  the  vacancy  be  filled. 

Section  10.  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  Gover- 
nor shall  devolve  upon  the  President  of  the  Senate:  and  should  a 
vacancy  occur  by  impeachment,  death,  resignation,  or  absence  from 
the  State  of  the  President  of  the  Senate,  the  Speaker  of  the  House  of 
Representatives  shall  act  as  Governor  till  the  vacancy  be  filled. 


Iowa— 18^6  1131 

AirricLE  5 

JUDICIAL  DEPART3IENT 

Section  1.  The  judicial  power  shall  be  vested  in  a  Supreme  Court, 
District  Courts,  and  such  inferior  courts  as  the  Ceneral  A.-sembly 
may  from  time  to  time  establish. 

Sectiox  2.  The  Supreme  Court  shall  consist  of  a  Chief  Justice, 
and  two  associates,  two  of  whom  shall  be  a  quorum  to  hold  court. 

Section  3.  The  Judges  of  the  Supreme  Court  shall  be  elected  by 
joint  vote  of  both  branches  of  the  General  Assembly,  and  shall  hold 
their  courts  at  such  time  and  place  as  the  General  Assembly  may 
direct,  and  hold  their  offices  for  six  years,  and  until  their  successors 
arc  elected  and  qualified,  and  shall  be  ineligible  to  any  other  office 
(luring  the  term  for  which  they  may  be  elected.  The  Supreme  Court 
shall  have  appellate  jurisdiction  only  in  all  cases  in  chancery,  and 
shall  constitute  a  court  for  the  correction  of  errors  at  law,  under  such 
restrictions  as  the  General  Assembly  ma}^  by  law  prescribe.  The 
Supreme  Court  may  have  power  to  issue  all  writs  and  process  neces- 
sary 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. 

Section  4.  The  District  Court  shall  consist  of  a  judge,  who  shall 
be  elected  by  the  qualified  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  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  equity,  and 
have  jurisdiction  in  all  civil  and  criminal  matters  arising  in  their 
respective  districts,  in  such  manner  as  shall  be  prescribed  by  law. 
The  Judges  of  the  District  Courts  shall  be  conservators  of  the  peace 
in  their  respective  districts.  The  first  session  of  the  General  As- 
sembly shall  divide  the  State  into  four  districts,  which  may  be  in- 
creased as  the  exigencies  require. 

Section  5.  The  qualified  voters  of  each  county  shall,  at  the  gen- 
eral election,  elect  one  prosecuting  attorney,  and  one  clerk  of  the 
District  Court,  who  shall  be  residents  therein,  and  who  shall  hold 
their  several  offices  for  the  term  or  four  years,  and  until  their  succes- 
sors are  elected  and  qualified. 

Section  C.  The  style  of  all  process  shall  be,  "  The  State  of  Iowa," 
aud  all  i)rosecutions  shall  be  conducted  in  the  name  and  by  the  au- 
thority of  the  same. 

Article  () 


Section  1.  The  militia  of  this  State  shall  be  composed  of  all  able- 
bodied  white  male  citizens  between  the  ages  of  eighteen  and  forty- 
five  years,  except  such  as  are  or  may  hereafter  be  exempt  by  the  laws 
of  the  United  States,  or  of  this  State,  and  shall  be  armed,  equipped, 
and  trained,  as  the  General  Assembly  may  provide  by  law. 
7252— VOL  2—07 17 


]132  *  Jowa—184() 

Sectiom  2.  No  person  or  [)ersoiis  conscientiously  scrupulous  of 
bearing  arms  shall  be  compelled  to  do  militia  duty  in  time  of  j)eace: 
Provided,  That  such  person  or  persons  shall  pay  an  equivalent  for 
such  exemption  in  the  same  manner  as  other  citizens. 

Section  3.  All  connnissioned  officers  of  the  militia,  (statf  officers 
excepted,)  shall  be  elected  by  the  persons  liable  to  perform  military 
duty,  and  shall  be  commissioned  by  the  Governor, 

Article  7 
state  debts 

Section  1.  The  General  Assembly  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 
one  hundred  thousand  dollars,  except  in  case  of  war,  to  repel  in- 
vasion 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- 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  of  the  time  of  the  contracting  thereof, 
and  shall  be  irrepealable  until  the  princii)al  and  the  interest  thereon 
shall  be  paid  and  discharged ;  but  no  such  law  shall  take  ett'ect,  until 
at  a  general  election  it  shall  have  been  submitted  to  the  people,  and 
have  received  a  majority  of  all  the  votes  cast  for  and  against  it  at 
such  election ;  and  all  money  raised  by  authority  of  such  law,  shall  be 
applied  only  to  the  specific  object  therein  stated,  or  to  the  payment  of 
the  debt  thereby  created;  and  such  law  shall  be  publi^shed  in  at  least 
one  newspaper  in  each  judicial  district,  if  one  is  published  therein, 
throughout  the  State,  for  three  months  ]:>receding  the  election  at 
which  it  is  submitted  to  the  people. 

Article  S 
1 n  corporation  s 

Section  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  jjaper,  or  the  paper  of  any  bank,  to  circulate  as  money.  The 
General  Assembly  of  this  state  shall  prohibit,  by  laAv,  any  person  or 
persons,  association,  company,  or  corporation,  from  exercising  the 
privileges  of  banking,  or  creating  paper  to  circulate  as  money. 

Section  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  l)e  subject 
to  such  liabilities  and  restrictions  as  shall  be  provided  by  law.  The 
state  shall  not,  directly  or  indirectly,  become  a  stockholder  in  any 
corporation. 


loiva—lS46  1133 

Article  9 
education  and  school  lands 

Section  1.  Tlu'  General  Assembly  shall  provide  for  the  election, 
bv  the  people,  of  a  Superintendent  of  Public  Instruction,  who  shall 
hold  his  office  for  three  3'ears,  and  whose  duties  shall  be  prescribed  by 
law,  and  who  shall  receive  such  compensation  as  the  General  As- 
sembly may  direct. 

Section  2.  The  General  Assembly  shall  encourage,  by  all  suitable 
means,  the  promotion  of  intellectual,  scientific,  moral  and  agricul- 
tural 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  leav- 
ing a  will  or  heir,  and  also  such  per  cent,  as  may  be  granted  bv  Con- 
gress on  the  sale  of  lands  in  this  state,  shall  be  and  remain  a  per- 
petual 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  connnon 
schools  throughout  the  state. 

Section  3.  The  General  Assembly  shall  provide  for  a  system  of 
common  schools,  by  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. 

Section  4.  The  money  which  shall  be  paid  by  persons  as  an  equiv- 
alent for  exemption  from  military  duty,  and  the  clear  proceeds  of  all 
fines  collected  in  the  several  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  dis- 
tricts of  said  counties,  in  the  proportion  to  the  number  of  inhabitants 
in  such  districts,  to  the  support  of  common  schools,  or  the  establish- 
ment of  libraries,  as  the  General  Assembly  shall,  from  time  to  time, 
to  provide  b}^  law. 

Section  5.  The  General  Assembly  shall  take  measures  for  the  ])ro- 
tection,  improvement,  or  other  dispositi(m  of  such  lands  as  have  been 
or  may  hereafter  be  reserved  or  granted  by  the  United  States,* oi'  any 
person  or  persons,  to  this  state,  for  the  use  of  a  university;  and  (he 
funds  accruing  from  the  rents  or  sale  of  such  lands,  or  from  any 
other  source,  for  the  purpose  aforesaid,  shall  be  and  renuiin  a  p(>rma- 
nent  fund,  the  interest  of  which  shall  be  applied  to  the  su])port  of 
said  university,  Avith  such  branches  as  the  public  convenience  may 
hereafter  denuind,  for  the  promotion  of  literature,  the  arts  and  sci- 
ences, as  may  be  authorized  by  the  terms  of  such  grant.  And  it  shall 
be  the  duty  of  the  General  Assembly,  as  soon  as  may  be,  to  provide 
effectual  means  for  the  improvement  and  permanent  security  of  the 
funds  of  said  university. 


1134  Iowa— 184-6' 

.VUTICJ.K    10 


A.AIKNDAIENTS   TO   TIIK   (  ( )>  .STITITTIOX 

Section  1.  If  at  any  timo  tiio  (lenoral  Assembly  shall  think  it  nec- 
essary to  revise  or  amend  this  constitution,  they  shall  })r()vi(le  by  law 
for  a  vote  of  tlie  people  for  or  aojainst  a  convention,  at  the  next  ensu- 
ing election  for  menil)ers  of  the  Oeneral  Assembly.  In  case  a  major- 
ity of  the  people  vote  in  favor  of  a  convention,  the  said  (leneral 
Assembly  shall  provide  for  an  election  of  delegates  to  a  convention, 
to  be  held  within  six  months  after  the  vote  of  the  people  in  favor 
thereof. 

Artkle  11 

>riS('ELEAXE()US 

Section  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  hundred  dollars,  and  by  the  consent  of  parties 
may  be  extended  to  any  amount  not  exceedin|>'  five  hundred  dollars. 

Section  2.  No  new  county  shall  be  laid  off  hereafter,  nor  old 
county  reduced  to  less  contents  than  four  hundred  and  thirty-two 
square  miles. 

Section  3.  The  General  Assembly  shall  not  locate  any  of  the  public 
lands  which  have  been  or  may  be  ojranted  by  Congress  to  this  State, 
and  the  location  of  which  may  be  given  to  the  General  Assembly.  ui)on 
lands  actually  settled,  without  the  consent  of  the  occupant.  The 
extent  of  the  claim  of  such  occupant  so  exempted,  shall  not  exceed 
three  hundred  and  twenty  acres. 

Article  12 
schedule 

Section  1.  That  no  inconvenience  may  arise  from  the  change  of  a 
territorial  government  to  a  permanent  state  government,  it  is  declared 
that  all  writs,  actions,  prosecutions,  contracts,  claims  and  rights,  shall 
continue  as  if  no  change  had  taken  place  in  this  government ;  and  all 
process  which  may,  before  the  organization  of  the  judicial  depart- 
ment under  this  constitution,  be  issued,  under  the  authority  of  the 
territory  of  Iowa,  shall  be  as  valid  as  if  issued  in  the  name  of  the 
state. 

Section  2.  All  the  laws  now  in  force  in  this  territory.  Avhich  are  not 
repugnant  to  this  constitution,  shall  remain  in  force  until  they  exjiire 
by  their  own  limitations,  or  be  altered  or  repealed  by  the  General 
Assembly  of  this  state. 

Section  3.  All  fines,  penalties  and  forfeitures  accruing  to  the  ter- 
ritory of  Iowa,  shall  accrue  to  the  use  of  the  state. 

Section  4.  All  recognizances  heretofore  taken,  or  which  may  here- 
after be  taken,  before  the  organization  of  the  judicial  department 
under  this  constitution,  shall  remain  valid,  and  shall  pass  to  and  may 
be  prosecuted  in  the  name  of  the  State.  And  all  bonds  executed  to 
the  Governor  of  this  territorv,  or  to  anv  other  oiRcer  in  his  official 


I 


Iowa— 1846  1135 

capacity,  shall  pass  over  to  the  governor  of  the  state,  or  other  proper 
state  authority,  and  to  their  successors  in  office,  for  the  uses  therein 
respectively  expressed,  and  may  be  sued  for  and  recovered  accord- 
ingly. All  criminal  prosecutions  and  penal  actions  which  may  have 
arisen,  or  may  arise,  before  the  organization  of  the  judicial  depart- 
ment under  this  constitution,  and  which  shall  then  l)e  pending,  may  be 
prosecuted  to  judgment  and  execution  in  the  name  of  the  State. 

Section  .").  All  officers,  civil  and  military,  now  holding  their  offices 
and  appointments  in  this  territory  under  the  authority  of  the  United 
States,  or  under  the  authority  of  this  territory,  shall  continue  to  hold 
and  execute  their  respective  offices  and  appointments  until  superseded 
under  this  constitution. 

Section  C,  The  first  general  election  under  this  constitution  shall 
be  held  at  such  time  as  the  governor  of  the  territory,  by  proclamation 
may  a})point,  within  three  months  after  its  adoption,  for  the  election 
of  a  governor,  two  representatives  in  the  Congress  of  the  United 
States,  (unless  Congress  shall  provide  for  the  election  of  one  rep- 
resentative,) members  of  the  general  assembly,  and  one  auditor, 
treasurer  and  secretary  of  state.  Said  election  shall  be  conducted  in 
accordance  with  the  existing  laws  of  this  territory :  and  said  gov- 
ernor, representatives  in  the  Congress  of  the  United  States,  auditor, 
treasurer,  and  secretary  of  state,  duly  elected  at  said  election,  shall 
continue  to  discharge  the  duties  of  their  respective  offices  for  the  time 
prescril)ed  by  this  constitution  and  until  their  successors  are  elected 
and  qualified.  The  returns  of  said  election  shall  be  made  in  con- 
formity to  the  existing  laws  of  this  territory. 

Section  T.  Until  the  first  enumeration  of  the  inhabitants  of  this 
state,  as  directed  by  this  constitution,  the  following  shall  l)e  the  ap- 
portionment of  the  General  Assembly  : 

The  county  of  Jefferson,  one  Senator  and  three  Representatives. 

The  county  of  Lee  shall  l)e  entitled  to  two  Senators  and  five 
Representatives : 

The  county  of  Van  Buren,  two  Senators  and  four  Representatives; 

The  counties  of  Davis  and  Appanoose,  one  Senator  and  one  Rep- 
resentative, jointly; 

The  counties  of  Wapello  and  Monroe,  one  Senator  jointly,  and  one 
Re])resentative  each : 

The  counties  of  Marion.  Polk.  Dallas  and  .Jasper,  one  Senator  and 
two  Representatives,  jointly; 

The  county  of  Des  Moines,  two  Senators  and  four  Representatives; 

The  county  of  Henry,  one  Senator  and  three  Representatives: 

The  counties  of  Louisa  and  Washington,  one  Senator  jointly,  and 
one  Representative  each ; 

The  counties  of  Keokuk  and  Mahaska,  one  Senator  jointly  and  one 
Representative  each ; 

The  counties  of  ^Muscatine.  Johnson  and  Iowa,  one  Senator  and  one 
Representative  jointly,  and  Muscatine  one  Representative,  and  John- 
son and  Iowa  one  Representative  jointly; 

The  counties  of  Scott  and  Clinton,  one  Senator  jointly,  and  one 
RepresentatiA'e  each ; 

The  counties  of  Cedar.  Linn  and  Benton,  one  Senatoj-  jointly;  the 
county  of  Cedar,  one  Representative,  and  the  counties  of  Linn  and 
Benton,  one  Representative  jointly; 


1136  Iowa— 1857 

The  counties  of  Jackson  and  Jones,  one  Senator  and  two  Tiepre- 
sentatives; 

The  counties  of  Dubuque,  Dehiware,  Chiyton,  Fayette,  Buclianan, 
and  Bhickhawk,  two  Senators  and  two  Eepresentatives  jointly; 

And  any  county  attached  to  any  county  for  judicial  jiurposes,  shall, 
unless  otherwise  provided  for,  be  considered  as  forniin*^  })art  of  such 
county  for  election  purposes. 

Section  8.  The  fii'st  meeting  of  the  General  Assembly  under  this 
Constitution  shall  be  at  such  times  as  the  Governor  of  the  territory 
may  by  proclamation  appoint,  within  four  months  after  its  ratihca- 
tion  by  the  people,  in  Iowa  City,  in  Johnson  county,  which  place  shall 
be  the  seat  of  government  of  the  State  of  Iowa,  until  removed  by  law. 

Done  in  convention  at  low^a  City,  this  eighteenth  day  of  May,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  forty-six, 
and  of  the  Independence  of  the  United  States  of  America,  the  seven- 
tieth. 

In  testimony  whereof,  we  have  hereunto  subscribed  oui'  names: 

Enos  Lowe,  President. 

Attest : 

Wm.  Thompson,  Seci-etary. 


CONSTITUTION  OF  IOWA— 1857  - 

We,  the  People  of  the  State  of  Iowa,  grateful  to  the  Supreme  Being 
for  the  blessings  hitherto  enjoyed,  and  feeling  our  dependence  on 
Him  for  a  continuation  of  those  blessings,  do  ordain  and  establish  a 
free  and  independent  government,  by  the  name  of  The  State  of  Iowa, 
the  boundaries  whereof  shall  be  as  follows : 

Beginning  in  the  middle  of  the  main  channel  of  the  Mississippi 
river,  at  a  point  due  east  of  the  middle  of  the  mouth  of  the  main 
channel  of  the  Des  Moines  river;  thence  up  the  middle  of  the  main 
channel  of  the  said  Des  ]Moines  riA'er,  to  a  point  on  said  river  Avhere 
the  northern  boundary  line  of  the  State  of  Missouri — as  established  by 
the  Constitution  of  that  State,  adopted  June  l'2th,  1820 — crosses  the 
said  middle  of  the  main  channel  of  the  said  Des  JNIoines  river;  thence 
w^estwardly  along  the  said  northern  boundary  line  of  the  State  of 
Missouri,  as  established  at  the  time  aforesaid,  until  an  extension  of 
said  line  intersects  the  middle  of  the  main  channel  of  the  Missouri 
river;  thence  up  the  middle  of  the  main  channel  of  the  said  Missouri 
river  to  a  point  opposite  the  middle  of  the  main  channel  of  the  Big 
Sioux  river,  according  to  Nicollett's  map;  thence  up  the  main  channel 
of  the  said  Big  Sioux  river,  according  to  the  said  map,  until  it  is 
intersected  by  the  parallel  of  forty-three  degrees  and  thirty  minutes 
north  latitude;  thence  east  along  said  parallel  of  forty-three  degrees 
and  thirty  minutes,  until  said  parallel  intersects  the  middle  of  the 
main  channel  of  the  Mississippi  river;  thence  clown  the  middle  of 
the  main  channel  of  the  said  Mississippi  river  to  the  place  of  begin- 
ning, 

*  Verified  by  "  The  Constitution  of  tlie  State  of  Iowa.  Adopted  March  5. 
1S57. — with  Subsequent  Amendments.  Printed  from  the  Original  Enrolhnent. 
Compiled  by  Frank  D.  Jackson,  Secretary  of  State.  Des  Moines.  Iowa  :  (!.  11. 
Ragsdale,  State  printer.     18811,"     And  from  the  Official  Register,  liXMi. 


Iowa— 1857  1137 

Article  I 


BILL  OF  RIGHTS 


Section  1.  All  men  are,  by  nature,  free  and  equal,  and  have  cer- 
tain inalienable  rights,  among  which  are  those  of  enjoying  and  de- 
fending life  and  liberty,  acquiring,  possessing  and  protecting  prop- 
erty, and  ])iirsuing  and  obtaining  safety  and  hapj)iness. 

Sec  2.  All  i)olitical  power  is  inherent  in  the  people.  (Toyernment 
is  instituted  for  the  protection,  security,  and  benefit  of  the  people,  and 
they  hiive  the  right,  at  all  times,  to  alter  or  reform  the  same,  when- 
cA'er  the  pul)lic  good  wvAy  require  it. 

Sec.  8.  The  General  Assembly  shall  make  no  law  respecting  an 
establishment  of  religion,  or  prohibiting  the  free  exercise  thereof;  nor 
shall  any  person  be  compelled  to  attend  any  place  of  worship,  pay 
tithes,  taxes,  or  other  rates,  for  building  or  repairing  places  of  wor- 
ship, or  the  maintenance  of  any  minister  or  ministry. 

Sec  4.  No  religious  test  shall  be  required  as  a  qualification  for  any 
office  of  pul)lic  trust,  and  no  person  shall  be  deprived  of  any  of  his 
rights,  ])rivileges  or  capacities,  or  disqualified  from  the  performance 
of  any  of  his  public  or  private  duties,  or  rendered  incompetent  to 
give  evidence  in  any  court  of  law  or  equit}^,  in  consequence  of  his 
opinions  on  the  subject  of  religion;  and  any  party  to  any  judicial 
proceeding  shall  have  the  right  to  use  as  a  witness,  or  take  the  testi- 
mony of,  any  other  person,  not  disqualified  on  account  of  interest, 
who  may  be  cognizant  of  any  fact  material  to  the  case;  and  parties  to 
suits  may  be  witnesses,  as  provided  by  law. 

Sec  5.  Any  citizen  of  this  State  who  may  hereafter  lie  engaged, 
either  directly  or  indirectly,  in  a  duel,  either  as  principal  or  accessory 
before  the  fact,  shall  forever  be  disqualified  from  holding  any  office 
nnder  the  constitution  and  laws  of  this  State. 

Sec  6.  All  hiAvs  of  a  general  nature  shall  have  a  uniform  opera- 
tion; 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. 

Sec  T.  Every  person  may  speak,  Avrite  and  publish  his  sentiments 
on  all  subjects,  being  responsible  for  the  abuse  of  that  right.  No 
law  shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech,  or  of 
the  press.  In  all  prosecutions  or  indictments  for  libel,  the  truth  may 
be  given  in  evidence  to  the  jury,  and  if  it  appear  to  the  jury  that  the 
nuitter  charged  as  libelous  was  true,  and  was  published  with  good 
motives  and  for  justifiable  ends,  the  party  shall  l)e  acquitted. 

Sec  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  tlie  place  to 
be  searched,  and  the  persons  and  things  to  be  seized. 

Sec  0.  The  right  of  trial  by  jury  shall  remain  inviolate;  but  the 
(leneral  Assembly  may  authorize  trial  by  jury  of  a  less  number  than 
twelve  men  in  inferior  courts;  but  no  person  shall  be  deprived  of  life, 
liberty,  or  jiroperty,  without  due  jirocess  of  law. 

Sec  10.  In  all  criminal  prosecutions,  and  in  cases  involving  the 
life  or  liberty  of  an  individual,  the  accused  shall  have  a  i-ight  to  a 
speedy  and  publi(;  trial  by  an  impartial  jury;  to  be  informed  of  the 


1138  Iowa— 1857 

accusation  against  him;  to  have  a  copy  of  the  same  when  demanded; 
to  be  confronted  with  the  witnesses  against  him ;  to  have  compulsory 
process  for  his  witnesses;  and  to  have  the  assistance  of  counseh 

Sec.  11.  All  offenses  less  than  felony,  and  in  which  the  punishment 
does  not  exceed  a  fine  of  one  hundred  dollars,  or  imj^risonment  for 
thirty  days,  shall  be  tried  summarily  before  a  Justice  of  the  Peace, 
or  other  officer  authorized  by  hiAv,  on  information  under  oath,  with- 
out indictment,  or  the  intervention  of  a  grand  jury,  saving  to  the 
defendant  the  right  of  appeal ;  and  no  person  shall  be  held  to  answer 
for  any  higher  criminal  offense,  unless  on  presentment  or  indictment 
by  a  grand  jury,  except  in  cases  arising  in  the  army  or  navy,  or  in 
the  militia,  when  in  actual  service,  in  time  of  war  or  public  danger. 

Sec.  12.  Xo  person  shall,  after  acquittal,  be  tried  for  the  same 
offense.  All  persons  shall,  before  conviction,  be  bailable  by  sufficient 
sureties,  except  for  capital  offenses,  where  the  proof  is  evident,  or 
the  presumption  great. 

Sec.  13.  The  writ  of  habeas  corpus  shall  not  be  suspended,  or  re- 
fused when  application  is  made  as  required  by  law,  unless  in  case  of 
rebellion  or  invasion  the  public  safety  may  require  it. 

Sec.  14.  The  military  shall  be  subordinate  to  the  civil  power.  Xo 
standing  army  shall  be  kept  up  by  the  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. 

Sec.  15.  Xo  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. 

Sec.  16.  Treason  against  the  state  shall  consist  only  in  levying  war 
against  it,  adhering  to  its  enemies,  or  giving  them  aid  and  comfort. 
Xo  person  shall  be  convicted  of  treason,  unless  on  the  evidence  of  two 
witnesses  to  the  same  overt  act,  or  confession  in  open  court. 

Sec.  17.  ExcessiA'e  bail  shall  not  be  required ;  excessive  fines  shall 
not  be  imposed,  and  cruel  and  unusual  punishment  shall  not  be 
inflicted. 

Sec.  18.  Private  property  shall  not  be  taken  for  public  use  without 
just  compensation  first  being  made,  or  secured  to  be  made,  to  the 
owner  thereof,  as  soon  as  the  damages  shall  be  assessed  by  a  jury, 
who  shall  not  take  into  consideration  any  advantages  that  maj'  result 
to  said  owner  on  account  of  the  improvement  for  which  it  is  taken. 

Sec.  19.  Xo  person  shall  be  imprisoned  for  debt  in  any  cW\\  action, 
on  mesne  or  final  process,  unless  in  case  of  fraud ;  and  no  person  shall 
be  imprisoned  for  a  military  fine  in  time  of  peace. 

Sec.  '20.  The  people  have  the  right  to  freely  assemble  together  to 
counsel  for  the  common  good ;  to  make  known  their  opinions  to  their 
representatives,  and  to  petition  for  a  redress  of  grievances. 

Sec.  21.  Xo  bill  of  attainder,  ex-post-facto  law,  or  law  impairing 
the  obligation  of  contracts,  shall  ever  be  passed. 

Sec.  22.  Foreigners  who  are,  or  may  hereafter  become  residents  of 
this  State,  shall  enjoy  the  same  rights  in  respect  to  the  possession, 
enjoyment,  and  descent  of  property,  as  native  born  citizens. 

Sec.  23.  There  shall  be  no  shivery  in  this  State ;  nor  shall  there  be 
involuntary  servitude,  unless  for  the  punishment  of  crime. 

Sec.  24.  Xo  lease  or  grant  of  agricultural  lands,  reserving  any 


Iowa— 1857  1139 

rent  or  service  of  any  kind,  shall  l>e  valid  for  a  longer  period  than 
twenty  3'ears. 

Sec.  25.  The  enumeration  of  rights  shall  not  be  construed  to  impair 
or  deny  others,  retained  by  the  people. 

[Sec.  26.  Xo  person  shall  manufacture  for  sale,  or  sell,  or  keep  for 
sale,  as  a  beverage,  any  intoxicating  liquors  whatever,  including  ale, 
wine  and  beer.  The  General  Assembly  shall  be  lay  prescribe  regula- 
tions for  the  enforcement  of  the  prohibition  herein  contained,  and 
shall  thereby  provide  suitable  penalties  for  the  violation  of  the  pro- 
A^sion  hereof.] 

[The  foregoing  amendment  was  adopted  at  a  special  election  held  on  June  27. 
1882.  The  supreme  court,  April  21.  188?.,  in  tbe  case  of  Koehler  &  Lange  vs. 
Hill,  and  reported  in  OOth  Iowa.  ])age  TA'.\,  held  that  owing  to  certain  irregulari- 
ties, the  same  was  not  legally  sulanitted  to  the  electors,  and  did  not  hecome  a 
part  of  the  constitution.] 

Article  II 

RIGHT   or    SUFFRAGE 

Section  1.  Every  [irhite^  male  citizen  of  the  United  States,  of  the 
age  of  twenty-one  years,  Avho  shall  have  been  a  resident  of  this  State 
six  months  next  preceding  the  election,  and  of  the  county  in  which  he 
claims  his  vote,  sixty  days,  shall  be  entitled  to  vote  at  all  elections 
which  are  now  or  hereafter  may  be  authorized  by  law. 

[Amended  by  striking  out  the  word  "  white  "  at  the  general  election  in  1868.] 

Sec.  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  elections,  going  to  and  returning  therefrom. 

Sec.  3.  Xo  elector  shall  be  obliged  to  perform  military  duty  on  the 
day  of  election,  except  in  time  of  war  or  public  danger. 

Sec.  4.  Xo  person  in  the  militiary,  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  sta- 
tion within  this  state. 

Sec.  5.  Xo  idiot  or  insane  person,  or  person  convicted  of  any  in- 
famous crime,  shall  be  entitled  to  the  privilege  of  an  elector. 

Sec.  6.  All  elections  by  the  people  shall  be  by  ballot. 

[Amendment.]  The  general  election  for  state,  district,  county  and 
township  officers,  shall  be  held  on  the  Tuesday  next  after  the  first 
Monday  in  Xovemlier. 

[The  foregoing  amendment  was  adopted  at  the  general  election  in  1884.) 

Article  III 

OF    the    niSTRIBUTIOX    OF    POWERS 

Section  1.  The  powers  of  the  government  of  Iowa  shall  be  divided 
into  three  separate  departments:  The  Legislative,  the  Executive  and 
the  Judicial;  and  no  person  charged  with  the  exercise  of  powers 
]5roperly  belonging  to  one  of  these  departments  shall  exercise  any 
function  appertaining  to  either  of  the  others,  except  in  cases  "herein- 
after expressh^  directed  or  permitted. 


1140  Iowa— 1857 

LEGISI.A'riVE    DEPAHTiMENT 

Section  1.  The  Legislative  aulliority  of  tiiis  state  shall  be  vested  in 
a  General  Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives;  and  the  style  of  every  law  shall  be: 

''  Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa." 

Sec.  2.  The  sessions  of  the  general  assembly  shall  be  bienniah  and 
shall  commence  on  the  second  Monday  in  January  next  ensuing  the 
election  of  its  members;  unless  the  Governor  of  the  State  shall,  in  the 
meantime,  convene  the  General  Assembly  by  proclamation. 

Sec.  3.  The  members  of  the  House  of  Representatives  shall  be 
chosen  every  second  year,  by  the  qualified  electors  of  their  respective 
districts,  on  the  second  Tuesday  in  October,  except  the  years  of  the 
Presidential  election,  when  the  election  shall  be  on  the  Tuesday  next 
after  the  first  Monday  in  November;  and  their  term  of  office  shall 
commence  on  the  first  day  of  January  next  after  their  election,  and 
continue  two  years,  and  until  their  successors  are  elected  and  quali- 
fied. 

[By  iiu  .'iinenclment  adopted  at  the  general  election  in  1884,  elections  now 
occur  uniformly  in  November.] 

Sec.  4.  No  person  shall  be  a  member  of  the  House  of  Representa- 
tives who  shall  not  have  attained  the  age  of  twenty-one  years,  be  a 
[free  white]  male  citizen  of  the  United  States,  and  shall  have  been  an 
inhabitant  of  this  state  one  year  next  preceding  his  election,  and  at 
the  time  of  his  election  shall  have  had  an  actual  residence  of  sixty 
days  in  the  county  or  district  he  may  have  been  chosen  to  represent. 

[Amended  l)y  striking  out  the  words  "  free  white,"  at  the  general  election  in 
1880.] 

Sec.  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. 

Sec.  6.  The  number  of  Senators  shall  not  be  less  than  one-third 
nor  more  than  one-half  the  Representative  body;  and  shall  be  so 
classified  by  lot,  that  one  class  being  as  nearly  one-half  as  possible, 
shall  be  elected  every  two  years.  When  the  number  of  Senators  is 
increased,  they  shall  be  annexed  by  lot  to  one  or  the  other  of  the  two 
classes,  so  as  to  keep  them  as  nearly  equal  in  numbers  as  practicable. 

Sec.  7.  Each  house  shall  choose  its  own  officers,  and  judge  of  the 
qualification,  election,  and  return  of  its  own  members.  A  contested 
election  shall  be  determined  in  such  a  manner  as  shall  be  directed 
by  law. 

Sec.  8.  A  majority  of  each  House  shall  constitute  a  quorum  to 
transact  business;  but  a  smaller  number  may  adjourn  from  day  to 
day,  and  may  compel  the  attendance  of  absent  members  in  such  a 
manner  and  under  such  penalties  as  each  House  may  provide. 

Sec.  9.  PLach  House  shall  sit  upon  its  own  adjournments,  keep  a 
journal  of  its  proceedings,  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  offense;  and  shall  have  all  other  powers  necessary  for  a 
branch  of  the  General  Assembly  of  a  free  and  independent  State. 


I 


Iowa— 1857  1141 

Sec.  10,  Every  member  of  the  General  Assembly  shall  have  the 
liberty  to  dissent  from  or  jjrotest  against  any  act  or  resolntion  Avhich 
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. 

Sec.  11.  Senators  and  Representatives,  in  all  cases  exce})t  treason, 
felony,  or  breach  of  the  peace,  shall  be  ])rivilei>ed  froui  ari'est  durino- 
the  session  of  the  General  Assembly,  and  in  going  to  and  returning 
from  the  same. 

Sec.  12.  Allien  vacancies  occur  in  either  House,  the  Governor,  or 
the  person  exercising  the  functions  of  Governor,  shall  issue  writs  of 
election  to  fill  such  vacancies. 

Sec.  13.  The  doors  of  each  House  shall  be  open,  except  on  such 
occasions  as,  in  the  oi^inion  of  the  House,  may  require  secrecy. 

Sec.  14.  Neither  House  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  they  may  be  sitting. 

Sec.  15.  Bills  may  originate  in  either  House,  and  may  be  amended, 
altered,  or  rejected  by  the  other;  and  every  bill  having  passed  both 
Houses,  shall  be  signed  by  the  Speaker  and  President  of  their  re- 
spective Houses. 

Sec.  16.  Every  bill  which  shall  have  passed  the  General  Assembly, 
shall,  before  it  becomes  a  law,  be  presented  to  the  Governor.  If  he 
approve,  he  shall  sign  it;  but  if  not,  he  shall  return  it,  with  his  ob- 
jections, to  the  House  in  which  it  originated,  which  shall  enter  the 
same  upon  their  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,  it  shall  become 
a  law,  notwithstanding  the  Governor's  objections.  If  any  bill  shall 
not  be  returned  Avithin  three  days  after  it  shall  have  been  presented 
to  him,  (Sunday  excepted),  the  same  shall  be  a  law  in  like  manner  as 
if  he  had  signed  it,  unless  the  General  Assembly,  b}^  adjournment, 
prevent  such  return.  Any  bill  submitted  to  the  (iovernor  for  his  ap- 
proval during  the  last  three  days  of  a  session  of  the  General  Assembly, 
shall  be  deposited  by  him  in  the  office  of  the  Secretary  of  State  within 
thirty  days  after  the  adjournment,  with  his  approval,  if  approved  by 
him,  and  with  his  objections  if  he  disapproves  thereof. 

Sec.  it.  No  bill  shall  be  passed  unless  by  the  assent  of  a  majority 
of  all  the  members  elected  to  each  branch  of  the  General  Assembly, 
and  the  question  upon  the  final  passage  shall  be  taken  immediateiy 
upon  its  last  reading,  and  the  yeas  and  nays  entered  upon  the  journal. 

Sec.  18.  An  accurate  statement  of  the  receipts  and  expenditures  of 
the  public  money  shall  be  attached  to  and  published  with  the  laws  at 
every  regular  session  of  the  (ieneral  Asseml)ly. 

Sec.  19.  The  House  of  Representatives  shall  have  the  sole  ])ower  of 
impeachment,  and  all  impeachments  shall  be  tried  by  the  Senate. 
When  sitting  for  that  purpose,  the  Senators  shall  be  upon  oath  or 
affirmation;  and  no  person  shall  be  convicted  without  the  concurrence 
of  tAvo-thirds  of  the  members  ]:)resent. 

Sec.  20.  The  Governor,  Judges  of  the  Supreme  and  District  Courts, 
and  othei'  State  officers,  shall  be  liable  to  iini)eachment  for  any  mis- 
demeanor or  malfeasance  in  office;  but  judgment  in  such  cases  shall 


1142  Iowa— 1857 

extend  onl^v  to  removal  from  oflico.  and  dii^qnalifioation  to  hold  any 
office  of  honor,  trust,  or  profit  under  this  State;  but  the  party  con- 
victed or  acquitted  shall  nevertheless  be  liable  to  indictment,  trial, 
and  punishment  accordinii^  to  hiw.  All  other  civil  officers  shall  be  tried 
for  misdemeanors  and  malfeasance  in  office,  in  such  manner  as  the 
General  Assembly  may  i)rovide. 

Sec.  21.  No  Senator  or  Representative  shall,  tluring  the  time  for 
which  he  shall  have  been  elected,  be  ai)pointed  to  any  civil  office  of 
profit  under  this  State,  which  shall  have  been  created,  or  the  emolu- 
ments of  which  shall  have  been  increased  during  such  tei'ui.  except 
such  offices  as  may  be  filled  by  elections  by  the  ])eople. 

Sec.  22.  No  person  holding  any  lucrative  office  under  the  United 
States,  or  this  State,  or  any  other  power,  shall  be  eligible  to  hold  a 
seat  in  the  General  Assembly ;  but  offices  in  the  militia,  to  which 
there  is  attached  no  annual  salary,  or  the  office  of  Justice  of  the 
Peace,  or  Postmaster,  whose  compensation  does  not  exceed  one  hun- 
dred dollars  per  annum,  or  notary  public,  shall  not  be  deemed 
lucrative. 

Sec.  23.  No  person  who  may  hereafter  be  a  collector  or  holder  of 
public  moneys,  shall  have  a  seat  in  either  House  of  the  General  As- 
sembly, or  be  eligible  to  hold  any  office  of  trust  or  profit  in  this  State, 
nntil  he  shall  have  accounted  for  and  paid  into  the  treasury  all  sums 
for  which  he  may  be  liable. 

Sec.  24.  No  money  shall  be  drawn  from  the  treasury  but  in  con- 
sequence of  appropriations  made  by  law. 

Sec.  25.  Each  member  of  the  hrst  General  Assembly  under  this 
Constitution  shall  receive  three  dollars  per  diem  while  in  session;  and 
the  further  simi  of  three  dollars  for  every  twenty  miles  traveled  in 
going  to  and  returning  from  the  place  where  such  session  is  held,  by 
the  nearest  traveled  route ;  after  which  they  shall  receive  such  compen- 
sation as  shall  be  fixed  by  law ;  but  no  General  Assembly  shall  have 
the  power  to  increase  the  compensation  of  its  members.  And  when 
convened  in  extra  session  they  shall  receive  the  same  mileage  and  j^er 
diem  compensation  as  fixed  by  law  for  the  regtdar  session  and  none 
other. 

Sec.  26.  No  law  of  the  General  Assembly,  passed  at  a  regular  ses- 
sion, of  a  public  nature,  shall  take  effect  until  the  fourth  day  of  July 
next  after  the  passage  thereof.  Laws  passed  at  a  sj^ecial  session  shall 
take  effect  ninety  days  after  the  adjournment  of  the  General  As- 
sembly by  which  they  were  passed.  If  the  General  Assembly  shall 
deem  any  law  of  immediate  imjjortance,  they  may  provide  that  the 
same  shall  take  effect  by  publication  in  newspapers  in  the  State. 

Sec.  27.  No  divorce  shall  be  granted  by  the  General  Assembly. 

Sec.  28.  No  lottery  shall  be  authorized  by  this  State;  nor  shall  the 
sale  of  lottery  tickets  be  allowed. 

Sec.  20.  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. 

Sec.  30.  The  General  Assembly  shall  not  pass  local  or  special  laws 
in  the  following  cases: 

For  the  assessment  and  collection  of  taxes  for  state,  county,  or 
road  purposes; 


Iowa— 1857  1143 

For  hiyino"  out,  oi)enino;,  and  workiii<>-  roads  or  liin^lnvavH; 

For  chaiigiiig  the  naiiies  of  persons; 

For  the  incorporation  of  cities  and  towns; 

For  vacating  roads,  town  plats,  streets,  alleys,  or  public  squares; 

For  locating  or  changing  county  seats. 

In  all  the  cases  above  enumerated,  and  in  all  other  cases  where  a 
general  law  can  be  made  applicable,  all  laws  shall  be  general,  and 
of  uniform  operation  throughout  the  state ;  and  no  law  changing  the 
boundary  lines  of  any  county  shall  have  elTect  until  upon  being  sub- 
mitted to  the  people  of  the  counties  affected  by  the  change,  at  a  general 
election,  it  shall  be  ap]:)roved  by  a  majority  of  the  votes  in  each 
county,  cast  for  and  against  it. 

Sec.  31.  No  extra  compensation  shall  be  made  to  any  ofticer,  public 
agent,  or  contractor,  after  the  service  shall  have  been  rendered,  or  the 
contract  entered  into ;  nor  shall  any  money  be  paid  on  au}^  claim,  the 
subject  matter  of  which  shall  not  have  been  provided  for  by  pre-exist- 
ing laws,  and  no  public  money  or  property  shall  be  appropriated  for 
local,  or  private  purposes,  unless  such  appropriation,  compensation 
or  claim  be  allowed  by  two  thirds  of  the  members  elected  to  each 
branch  of  the  General  Assembly. 

Sec.  32.  jNIembers  of  the  General  Assembly  shall,  before  they  enter 
upon  the  duties  of  their  respective  offices,  take  and  subscribe  the  fol- 
lowing oath  or  affirmation:  "  I  do  solemnl}^  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  Representative,  as  the  case  may 
l)e,)  according  to  the  best  of  my  ability."  And  members  of  the  Gen- 
eral Assembly  are  hereby  empowered  to  administer  to  each  other  the 
said  oath  or  affirmation. 

Sec.  33.  The  General  Assembly  shall,  in  the  years  one  thousand 
eight  hundred  and  fifty-nine,  one  thousand  eight  hundred  and  sixty 
three,  one  thousand  eight  hundred  and  sixty-five,  one  thousand  eight 
hundred  and  sixty-seven,  one  thousand  eight  hundred  sixty-nine, 
and  one  thousand  eight  hundred  and  seventy-five,  and  every  ten  years 
thereafter,  cause  an  enumeration  to  be  made  of  all  the  [wJtitc^  inhab- 
itants of  the  State. 

[Amended  1)y  striking'  out  the  word  "  white  '"  at  the  general  oloctioii  hi  18(58.] 

Sec.  34.  The  number  of  Senators  shall,  at  the  next  session  follow- 
ing each  period  of  nudving  such  enumeration,  and  the  next  session 
following  each  United  States  census,  be  fixed  by  hiw,  and  api)ortioned 
among  the  several  counties  according  to  the  number  of  |  (rhlte\  in- 
habitants in  each. 

I  AnuMuU'd  hy  strikhij;  out  the  word  "  white  "  at  the  .general  tdcclion  in  18C>S.  | 

Sec.  35.  The  Senate  shall  not  consist  of  more  than  fifty  members, 
nor  the  House  of  Representatives  of  more  than  one  hundred;,  and 
tliey  shall  be  apportioned  among  the  several  counties  and  representa- 
tive districts  in  the  State  according  to  the  number  of  \white'\  inhab- 
itants in  each,  upon  ratios  to  be  fixed  by  law;  but  no  representative 
district  shall  contain  more  than  four  organized  counties,  and  each 
district  shall  be  entitled  to  at  least  one  Representative.  Every  county 
and  district  which  shall  have  a  number  of  inhabitants  ecpial  to  one- 
half  of  the  ratio  fixed  by  law,  shall  be  entitled  to  one  Representative; 


1144  Iowa— 1857 

aiul  any  one  county  containing,  in  addition  to  the  ratio  fixed  by  law, 
one-half  of  that  number,  or  more,  shall  be  entitled  to  one  additional 
Representative.     No  floating  district  shall  hereafter  be  formed. 
[Amended  by  sriking  out  the  word  "  white"  at  the  general  election  in  3868.] 

Sec:.  30.  At  its  first  session  under  this  Constitution,  and  at  every 
subsecpient  regular  session,  the  General  Assembly  shall  fix  the  ratio  of 
representation,  and  also  form  into  representative  districts  those  coun- 
ties Avhich  will  not  be  entitled  singly  to  a  Representative. 

Sec.  37.  When  a  Congressional,  Senatorial,  or  Representative  dis- 
ti'ict  shall  be  composed  of  two  or  more  counties,  it  shall  not  Ijc 
entirely  separated  l)v  any  countv  belonging  to  another  district;  and 
no  county  shall  be  divided  in  forming  a  Congressional,  Senatorial, 
or  Representative  district. 

Sec.  38.  In  all  elections  by  the  General  Assembly,  the  members 
thereof  shall  vote  viva  voce;  and  the  votes  shall  be  entered  on  the 
journal. 

Article  IV 

EXECI  TIVE    DEPART^NIENT 

Sectiox  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. 

Sec.  2.  The  Governor  shall  be  elected  by  the  qualified  electors  at 
the  time  and  place  of  voting  for  members  of  the  General  Assembly, 
and  shall  hold  his  office  two  years  from  the  time  of  his  installation, 
and  until  his  successor  is  elected  and  qualified. 

Sec.  3.  There  shall  be  a  Lieutenant  Governor,  who  shall  hold  his 
office  two  3'ears,  and  be  elected  at  the  same  time  as  the  Governor.  In 
voting  for  Governor  and  Lieutenant  Governor,  the  electors  shall 
designate  for  whom  they  vote  as  Governor,  and  for  whom  as  Lieu- 
tenant Governor.  The  returns  of  everj^  election  for  Governor,  and 
Lieutenant  Governor,  shall  be  sealed  up  and  transmitted  to  the  seat 
of  Government  of  the  State,  directed  to  the  Speaker  of  the  House  of 
Representatives,  who  shall  open  and  publish  them  in  the  presence 
of  both  Houses  of  the  General  Assembly. 

Sec.  4.  The  persons  respectively  having  the  highest  number  of 
votes  for  Governor  and  Lieutenant  Governor,  shall  be  declared  duly 
elected :  but  in  case  two  or  more  persons  shall  have  an  equal,  and  the 
highest  number  of  votes  for  either  office,  the  General  Assembly  shall, 
by  joint  vote,  forthwith  proceed  to  elect  one  of  said  persons  Governor, 
or  Lieutenant  Governor,  as  the  case  may  be. 

Sec.  5.  Contested  elections  for  Governor,  or  Lieutenant  Governor, 
shall  be  determined  by  the  General  Assembly  in  such  manner  as  may 
be  prescribed  h\  law. 

Sec.  6.  No  person  shall  be  eligible  to  the  office  of  Governor,  or 
Lieutenant  Governor,  who  shall  not  have  been  a  citizen  of  the  United 
States,  and  a  resident  of  the  State  two  years  next  preceding  the 
election,  and  attained  the  age  of  thirty  years  at  the  time  of  said 
election. 

Sec.  7.  The  Governor  shall  be  commander  in  chief  of  the  militia, 
the  armv,  and  navv  of  this  State. 


Iow(i^l857  1145 

8p:c.  8,  He  shall  transact  all  executive  business  Avitli  the  officers  of 
government,  civil  and  military,  and  may  require  information  in  writ- 
ing from  the  officers  of  the  Executive  Department  upon  any  subject 
relating  to  the  duties  of  their  respective  offices. 

Sec.  9.  He  shall  take  care  that  the  laws  are  faithfully  executed. 

Sec.  10.  When  an}-  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  grant- 
ing a  commission,  which  shall  expire  at  the  end  of  the  next  session  of 
the  General  Assembh'  or  at  the  next  election  by  the  people. 

Sec.  11.  He  may,  on  extraordinary'  occasions,  convene  the  General 
Assembly,  by  proclamation,  and  shall  state  to  both  Houses,  when 
assembled,  the  purpose  for  which  they  shall  have  been  convened. 

Sec.  12.  He  shall  communicate,  by  message,  to  the  General  As- 
sembly, at  every  regular  session,  the  condition  of  the  State,  and  recom- 
mend such  matters  as  he  shall  deem  expedient. 

Sec.  13.  In  case  of  disagreement  between  the  two  Houses  with 
respect  to  the  time  of  adjournment,  the  Governor  shall  have  power 
to  adjourn  the  General  Assembly  to  such  time  as  he  may  think 
proper;  but  no  such  adjournment  shall  be  beyond  the  time  fixed  for 
the  regular  meeting  of  the  next  General  Assembly. 

Sec.  11.  Xo  person  shall,  while  holding  any  office  under  the  au- 
thority of  the  United  States,  or  this  State,  execute  the  office  of  Gover- 
nor, or  Lieutenant-Governor,  excej^t  as  hereinafter  expressly  pro- 
A'ided. 

Sec.  15.  The  official  term  of  the  Governor,  and  Lieutenant-Gov- 
ernor, shall  commence  on  the  second  Monday  of  January  next  after 
their  election,  and  continue  for  two  years,  and  until  their  successors 
are  elected  and  qualified.  The  Lieutenant-Governor,  while  acting  as 
Governor,  shall  receive  the  same  pay  as  provided  for  Governor;  and 
while  presiding  in  the  Senate,  shall  receive  as  compensation  therefor, 
the  same  mileage  and  double  the  per  diem  pay  provided  for  a  Senator, 
and  none  other. 

Sec.  16.  The  Governor  shall  have  power  to  grant  reprieves,  com- 
mutations and  pardons,  after  conviction,  for  all  ofl'enses  except 
treason  and  cases  of  impeachment,  subject  to  such  regidations  as  may 
be  provided  by  law.  Upon  conviction  for  treason,  he  shall  have 
power  to  suspend  the  execution  of  the  sentence  until  the  case  shall  be 
reported  to  the  General  Assembly  at  its  next  meeting,  when  the 
General  Assembly  shall  either  grant  a  pardon,  commute  the  sentence, 
direct  the  execution  of  the  sentence,  or  grant  a  further  reprieve.  He 
shall  have  power  to  remit  fines  and  forfeitures,  under  such  regidations 
as  may  be  prescribed  by  law ;  and  shall  report  to  the  General  Assem- 
bly, at  its  next  meeting,  each  case  of  reprieve,  commutation,  or  par- 
don granted,  and  the  reason  therefor:  and  also  all  persons  in  whose 
favor  remission  of  fines  and  forfeitures  shall  have  been  made,  and  the 
several  amounts  remitted. 

Sec.  17.  In  case  of  the  death,  impeachment,  resignation,  removal 
from  office,  or  other  disability  of  the  Governor,  the  powers  and  duties 
of  the  office  for  the  residue  of  the  term,  or  until  he  shall  be  accjuitted. 
or  the  disability  removed,  shall  devolve  upon  the  Lieutenant-Gov- 
ernor. 

Sec.  18.  The  Lieutenant-Governor  shall  be  President  of  the  Senate, 
but  shall  only  vote  when  the  Senate  is  equally  divided ;  and  in  case  of 


1146  Iowa—18S7 

his  absence  or  impeachment,  or  when  he  shall  exercise  the  office  of 
Governor,  the  Senate  shall  choose  a  President  pro  tempore. 

Sec.  19.  If  the  Lieutenant-Governor,  while  acting  as  Governor, 
shall  be  impeached,  displaced,  resign  or  die,  or  otherwise  become  in- 
capable of  performing  the  duties  of  the  office,  the  President  i)ro  tem- 
pore 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 
iqjon  the  Speaker  of  the  House  of  Representatives. 
.  Sec.  20.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by 
the  Governor,  and  used  by  him  Officially,  and  shall  be  called  the 
Great  Seal  of  the  State  of  Iowa. 

Sec.  21.  Jsll  grants  and  connnissions  shall  be  in  the  name  and  by 
the  authority  of  the  people  of  the  State  of  Iowa,  sealed  with  the  Great 
Seal  of  the  State,  signed  by  the  Governor,  and  countersigned  by  the 
Secretary  of  State. 

Sec.  22.  A  Secretary  of  State,  Auditor  of  State,  and  Treasury  of 
State  shall  be  elected  by  the  qualified  electors,  Avho  shall  continue  in 
office  two  years,  and  untill  their  successors  are  elected  and  qualified : 
and  perform  such  duties  as  mav  be  required  by  law. 

Artici.e  V 

JUDICIAL   department 

Sectiox  1.  The  Judicial  power  shall  be  vested  in  a  Supreme  Court. 
District  Court,  and  such  other  Courts,  inferior  to  the  Supreme  Court, 
as  the  General  Assembly  may,  from  time  to  time,  establish. 

Sec  2.  The  Supreme  Court  shall  consist  of  three  Judges,  tAvo  of 
Avhom  shall  constitute  a  quorum  to  hold  Court. 

Sec  3.  The  Judges  of  the  Supreme  Court  shall  be  elected  by  the 
qualified  electors  of  the  State,  and  shall  hold  their  Court  at  such 
time  and  place  as  the  General  Assembly  may  ])rescribe.  The  Judges 
of  the  Supreme  Court  so  elected,  shall  be  classified  so  that  one  Judge 
shall  go  out  of  office  every  two  years;  and  the  Judge  holding  the 
shortest  term  of  office  under  such  classification,  shall  be  Chief  Justice 
of  the  Court  during  his  term,  and  so  on  in  rotation.  After  the  ex- 
piration of  their  terms  of  office,  under  such  classification,  the  term  of 
each  Judge  of  the  Supreme  Court  shall  be  six  A^ears,  and  until  his  suc- 
cessor shall  have  been  elected  and  qualified.  The  Judges  of  the 
Supreme  Court  shall  be  ineligible  to  any  other  office  in  the  State, 
during  the  term  for  which  they  have  been  elected. 

Sec  4.  The  Supreme  Court  shall  have  appellate  jurisdiction  only 
in  cases  in  chanceiy,  and  shall  constitute  a  court  for  the  correction  of 
errors  at  law,  under  such  restrictions  as  the  General  Assembly  may 
by  law  prescribe;  and  shall  have  power  to  issue  all  writs  and  process 
necessary  to  secure  justice  to  parties,  and  exercise  a  supervisory  con- 
trol over  all  inferior  judicial  tribunals  throughout  the  State. 

Sec  5.  The  District  Court  shall  consist  of  a  single  Judge,  who 
shall  be  elected  by  the  qualified  electors  of  the  District  in  which  he 
resides.  The  Judge  of  the  District  Court  shall  hold  his  office  for 
the  term  of  four  years,  and  until  his  successor  shall  have  been  elected 


Iowa— 1857  1147 

and  qualified;  and  shall  be  ineligible  to  any  other  office  except  that 
of  Judge  of  the  Supreme  Court,  during  the  term  for  which  he  was 
elected. 

Sec.  6.  The  District  Court  shall  be  a  Court  of  law  and  equity, 
which  shall  be  distinct  and  separate  jurisdictions,  and  have  jurisdic- 
tion in  civil  and  criminal  matters  arising  in  their  respective  districts, 
in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  7.  The  Judges  of  the  Supreme  and  District  Courts  shall  be 
conservators  of  the  peace  throughout  the  State. 

Sec.  8.  The  style  of  all  process  shall  be  '*  The  State  of  Iowa,"  and 
all  i^rosecutions  shall  be  conducted  in  the  name  and  by  the  authority 
of  the  same. 

Sec.  9.  The  salar}^  of  each  Judge  of  the  Supreme  Court  shall  be 
two  thousand  dollars  per  annum ;  and  that  of  each  District  Judge, 
one  thousand  six  hundred  dollars  per  annum,  until  the  year  eighteen 
hundred  and  sixty ;  after  which  time  they  shall  severally  receive  such 
compensation  as  the  General  Assembly  may,  b}^  law,  prescribe;  which 
compensation  shall  not  be  increased  or  diminished  during  the  term 
for  which  the}"  shall  have  been  elected. 

Sec.  10.  The  State  shall  be  divided  into  eleven  Judicial  Districts; 
and  after  the  year  eighteen  hundred  and  sixt}",  the  General  Assembly 
may  reorganize  the  Judicial  Districts,  and  increase  or  diminish  the 
number  of  Districts,  or  the  number  of  Judges  of  the  said  Court,  and 
may  increase  the  number  of  Judges  of  the  Supreme  Court;  but  such 
increase  or  diminution  shall  not  be  more  than  one  District,  or  one 
Judge  of  either  Court,  at  any  one  session ;  and  no  re-organization  of 
the  Districts,  or  diminution  of  the  number  of  Judges,  shall  have  the 
effect  of  removing  a  Judge  from  office.  Such  re-organization  of  the 
Districts,  or  any  change  in  the  boundaries  thereof,  or  increase  or 
diminution  of  the  number  of  Judges,  shall  take  place  ever}^  four  years 
thereafter,  if  necessary,  and  at  no  other  time. 

[Amendment.]  At  any  regular  session  of  the  General  Assembly, 
the  State  ma^^  be  divided  into  the  necessary  Judicial  Districts  for 
District  Court  purposes,  or  the  said  districts  may  be  re-organized 
and  the  number  of  the  districts  and  the  Judges  of  said  courts  in- 
creased or  diminished ;  but  no  re-organization  of  the  districts  or 
diminution  of  the  judges  shall  have  the  effect  of  removing  a  Judge 
from  office. 

[The  foregoing  aiiieiidinent  was  aduittcd  at  the  geiKTal  election  in  1884.] 

Sec.  11.  The  Judges  of  the  Supreme  and  District  Courts  shall  be 
chosen  at  the  general  election ;  and  the  term  of  office  of  each  Judge 
shall  commence  on  the  first  day  of  January  next  after  his  election. 

Sec.  12.  The  General  Assembly  shall  provide,  by  law,  for  the  elec- 
tion of  an  Attorney-General  b}^  the  people,  whose  term  of  office  shall 
be  tAvo  years,  and  until  his  successor  shall  have  been  elected  and 
qualified. 

[Sec.  13.  The  qualified  electors  of  each  Judicial  District  shall,  at 
the  time  of  the  election  of  District  Judge,  elect  a  District  Attorney, 
who  shall  be  a  resident  of  the  District  for  which  he  is  elected,  and 
who  shall  hold  his  office  for  the  term  of  four  years,  and  until  his  suc- 
cessor shall  have  been  elected  and  qualified.  ] 

[The  foregoing  section  was  stricken  out  and  the  following  substituted  tiierefor, 
at  the  general  election  in  1884.] 

7252— VOL  2—07 18 


1148  Iowa— 1857 

[Sec.  13.]  The  qualified  electors  of  each  county  shall,  at  the  gen- 
eral election  in  the  year  1880,  and  every  two  years  thereafter,  elect  a 
county  attorney,  who  shall  be  a  resident  of  the  county  for  which  he 
is  elected,  and  shall  hold  his  office  for  two  years,  and  until  his  suc- 
cessor shall  have  been  elected  and  qualified. 

[The  foregoing  section  was  adopted  as  a  substitute  for  the  original  section  at 
the  general  election  in  1884.] 

Sec.  14.  It  shall  be  the  duty  of  the  General  Assembly  to  i:)rovide 
for  the  carrying  into  effect  of  this  article,  and  to  provide  for  a  gen- 
eral system  of  practice  in  all  the  Courts  oi  this  State, 

[Amendment.]  The  grand  jury  may  consist  of  any  number  of 
members,  not  less  than  five,  nor  more  than  fifteen,  as  the  General 
Assembly  may  by  law  provide,  or  the  General  Assembly  may  provide 
for  holding  persons  to  answer  for  any  criminal  offence  without  the 
interference  of  a  grand  jury. 

[The  foregoing  amendment  was  adopted  at  the  general  election  in  1884.] 

Article  VI 

3IILITIA 

Section  1.  The  militia  of  this  State  shall  be  composed  of  all  able- 
bodied  [whitel  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. 

[Amended  by  striking  out  the  word  "white,"  at  the  general  election  in  1868.] 

Sec.  2.  No  person  or  persons  conscientioush^  scrupulous  of  bearing 
arms  shall  be  compellecl  to  do  military  duty  in  time  of  peace;  p7'0- 
vided,  that  such  person  or  persons  shall  pay  an  equivalent  for  such 
exemption  in  the  same  manner  as  other  citizens. 

Sec.  3.  All  commissioned  officers  of  the  militia  (staff  officers  ex- 
cepted) shall  be  elected  by  persons  liable  to  perform  military  dut}^, 
and  shall  be  commissioned  by  the  Governor. 

Article  VII 

STATE    DEBTS 

Section  1.  The  credit  of  the  State  shall  not,  in  any  manner,  be 
given  or  loaned  to,  or  in  aid  of,  any  individual,  association,  or  cor- 
poration ;  and  the  State  shall  never  assume,  or  become  responsible 
for,  the  debts  or  liabilities  of  any  individual,  association,  or  corpora- 
tion, unless  incurred  in  time  of  war  for  the  benefit  of  the  State. 

Sec.  2.  The  State  ma}^  contract  debts  to  supply  casual  deficits  or 
failures  in  revenues,  or  to  meet  expenses  not  otherwise  provided  for ; 
but  the  aggregate  amount  of  such  debts,  direct  and  contingent,) 
whether  contracted  by  virtue  of  one  or  more  acts  of  the  Generall 
Assembly,  or  at  different  periods  of  time,  shall  never  exceed  the  sum! 
of  two  hundred  and  fifty  thousand  dollars;  and  the  money  arising] 
from  the  creation  of  such  debts,  shall  be  applied  to  the  purpose  fori 
which  it  was  obtained,  or  to  repay  the  debts  so  contracted,  and  to  no] 
other  purpose  whatever. 

Sec.  3.  All  losses  to  the  Permanent,  School,  or  University  fund  of  | 
this  State,  which  shall  have  been  occasioned  by  the  defalcation,  mis-  i 


Iowa— 1857  1149 

management,  or  fraud  of  the  agents  or  officers  controlling  and  man- 
aging the  same,  shall  be  audited  by  the  proper  authorities  of  the 
State.  The  amount  so  audited  shall  be  a  permanent  funded  debt 
against  the  State,  in  favor  of  the  respective  fund,  sustaining  the  loss, 
upon  which  not  less  than  six  per  cent  annual  interest  shall  be  paid. 
The  amount  of  liability  so  created  shall  not  be  counted  as  ^  part  of 
the  indebtedness  authorized  by  the  second  section  of  this  article. 

Sec.  4.  In  addition  to  the  above  limited  power  to  contract  debts, 
the  State  may  contract  debts  to  repel  invasion,  suppress  insurrection, 
or  defend  the  State  in  war;  but  the  money  arising  from  the  debts  so 
contracted  shall  be  applied  to  the  purpose  for  which  it  was  raised,  or 
to  repay  such  debts,  and  to  no  other  purj^ose  whatever. 

Sec.  5.  Except  the  debts  hereinbefore  specified  in  this  article,  no 
debt  shall  be  hereafter  contracted  by.  or  on  behalf  of  this  State,  un- 
less such  debt  shall  be  authorized  by  some  law  for  some  single  work 
or  object,  to  be  distinctly  specified  therein ;  and  such  law  shall  impose 
and  provide  for  the  collection  of  a  direct  annual  tax,  sufficient  to  pay 
the  interest  on  such  debt,  as  it  falls  due,  and  also  to  pay  and  dis- 
charge the  principal  of  such  debt,  within  twenty  years  from  the  time 
of  the  contracting  thereof;  but  no  such  law  shall  take  effect  until  at 
a  general  election  it  shall  have  been  submitted  to  the  people,  and 
have  received  a  majority  of  all  the  votes  cast  for  and  against  it  at 
such  election;  and  all  money  raised  by  authority  of  such  law,  shall 
be  ajDplied  only  to  the  specific  object  therein  stated,  or  to  the  payment 
of  the  debt  created  thereby;  and  such  law  shall  be  published  in  at 
least  one  newspaper  in  each  county,  if  one  is  published  therein, 
throughout  the  State,  for  three  months  preceding  the  election  at 
w,hich  it  is  submitted  to  the  people. 

Sec.  6.  The  Legislature  may,  at  any  time,  after  the  approval  of 
such  law  by  the  people,  if  no  debt  shall  have  been  contracted  in  pur- 
suance thereof,  repeal  the  same ;  and  may,  at  any  time,  forbid  the 
contracting  of  any  further  debt,  or  liability,  under  such  law ;  but  the 
tax  imposed  by  such  law,  in  proportion  to  the  debt  or  liability,  which 
may  have  been  contracted  in  pursuance  thereof,  shall  remain  in  force 
and  be  irrepealable,  and  be  annually  collected,  until  the  principal  and 
interest  are  fully  paid. 

Sec.  7.  Every  law  which  imposes,  continues,  or  revives  a  tax.  shall 
distinctly  state  the  tax.  and  the  object  to  which  it  is  to  be  applied ; 
and  it  shall  not  be  sufficient  to  refer  to  any  other  law  to  fix  such  tax 
or  object. 

Article  VIII 

CORPORATIONS 

Section  1.  No  corporation  shall  be  created  by  special  laws;  but 
the  General  Assembly  shall  provide,  by  general  laws,  for  the  organ- 
ization of  all  corporations  hereafter  to  be  created,  except  as  herein- 
after provided. 

Sec  2.  The  property  of  all  corporations  for  pecuniary  profit  shall 
be  subject  to  taxation,  the  same  as  that  of  individuals. 

Sec  3.  The  State  shall  not  become  a  stockholder  in  any  corporation, 
nor  shall  it  assume  or  pay  the  debt  or  liability  of  any  corporation, 
unless  incurred  in  time  of  war,  for  the  benefit  of  the  State. 


1150  Iowa— 1857 

Sec.  4.  No  political  or  municipal  corporation  shall  become  a  stock- 
holder in  any  banking'  corporation,  directly  or  indirectly. 

Sec.  5.  No  act  of  the  General  Assembly,  authorizing  or  creating 
corporations  or  associations  with  banking  powers,  nor  amendments 
thereto,  shall  take  effect,  or  in  any  manner  be  in  force,  until  the  same 
shall  liaA^  been  submitted,  separately,  to  the  people,  at  a  general  or 
special  election,  as  provided  by  law,  to  be  held  not  less  than  three 
months  after  the  ]oassage  of  the  act,  and  shall  have  been  approved  by 
a  majority  of  all  the  electors  A^oting  for  and  against  it  at  such  election. 

Sec.  6.  Subject  to  the  provisions  of  the  foregoing  section,  the  Gen- 
eral Assembly  may  also  provide  for  the  establishment  of  a  State  Bank, 
with  branches. 

Sec.  T.  If  a  State  Bank  be  established,  it  shall  ho,  founded  on  an 
actual  specie  basis,  and  the  branches  shall  be  mutually  responsible  for 
each  other's  liabilities  upon  all  notes,  bills,  and  other  issues  intended 
for  circulation  as  money. 

Sec.  8.  If  a  general  banking  law  shall  be  enacted,  it  shall  provide 
for  the  registry  and  countersigning,  by  an  officer  of  State,  of  all  bills 
or  paper  credit  designed  to  circulate  as  money,  and  require  security  to 
the  full  amount  thereof,  to  be  deposited  with  the  State  Treasurer,  in 
United  States  stocks,  or  in  interest  paying  stocks  of  States  in  good 
credit  and  standing,  to  be  rated  at  ten  per  cent  below  their  average 
value  in  the  city  of  New  York,  for  the  thirty  days  next  preceding  their 
deposit ;  and  in  case  of  a  depreciation  of  any  portion  of  such  stocks,  to 
the  amount  of  ten  per  cent  on  the  dollar,  the  bank  or  banks  owning 
said  stocks  shall  be  required  to  make  up  said  deficiency  by  depositing 
additional  stocks;  and  said  law  shall  also  provide  for  the  recording 
of  the  names  of  all  stockholders  in  such  corporations,  the  amount  of 
stock  held  by  each,  the  time  of  transfer,  and  to  whom. 

Sec.  0.  Every  stockholder  in  a  banking  corporation  or  institution 
shall  be  individually  responsible  and  liable  to  its  creditors,  over  and 
above  the  amount  of  stock  by  him  or  her  held,  to  an  amount  equal  to 
his  or  her  respective  shares  so  held,  for  all  of  its  liabilities,  accruing 
wdiile  he  or  she  remains  such  stockholder. 

Sec.  10.  In  case  of  the  insolvency  of  any  banking  institution,  the 
bill  holders  shall  have  a  preference.over  its  other  creditors. 

Sec.  11.  The  suspension  of  specie  payments  by  banking  institutions 
shall  never  be  permitted  or  sanctioned. 

Sec.  12.  Subject  to  the  provisions  of  this  article  the  General  Assem- 
bly shall  have  power  to  amend  or  repeal  all  laws  for  the  organization 
or  creation  of  corporations,  or  granting  of  special  or  exclusive  privi- 
leges or  immunities,  by  a  vote  of  two-thirds  of  each  branch  of  the 
General  Assembly :  and  no  exclusive  privileges,  except  as  in  this  arti- 
cle provided,  shall  ever  be  granted. 

Article    IX 

EDUCATION    AND    SCHOOL,    LANDS 

1st. — Education 

Section  1.  The  educational  interest  of  the  State,  including  Com- 
mon Schools  and  other  educational  institutions,  shall  be  under  the 
management  of  a  Board  of  Education,  which  shall  consist  of  the 


Iowa— 1857  1151 

Lieutenant-Governor,  who  shall  be  the  presiding  officer  of  the  Board, 
and  have  the  casting  vote  in  case  of  a  tie,  and  one  member  to  be 
elected  from  each  judicial  district  in  the  State. 

Sec.  2.  No  person  shall  be  eligible  as  a  member  of  said  Board  who 
shall  not  have  attained  the  age  of  twenty-five  years,  and  shall  have 
l)een  one  year  a  citizen  of  the  State. 

Sec.  3.  One  member  of  said  Board  shall  be  chosen  l)v  the  qualified 
electors  of  each  district,  and  shall  hold  the  office  for  the  term  of  four 
years,  and  until  his  successor  is  elected  and  qualified.  After  the  first 
election  under  this  Constitution,  the  Board  shall  be  divided,  as  nearly 
as  practicable,  into  two  equal  classes,  and  the  seats  of  the  first  class 
shall  be  vacated  after  the  expiration  of  two  years;  and  one-half  of  the 
Board  shall  be  chosen  every  two  years  thereafter. 

Sec.  4.  The  first  session  of  the  Board  of  Education  shall  be  held  at 
the  Seat  of  Government,  on  the  first  Monday  of  December,  after  their 
election ;  after  which  the  General  Assembly  may  fix  the  time  and 
place  of  meeting. 

Sec.  5.  The  session  of  the  Board  shall  be  limited  to  twenty  days, 
and  but  one  session  shall  be  held  in  any  one  year,  except  upon  extraor- 
dinary occasions,  when,  upon  the  recommendation  of  two-thirds  of  the 
Board,  the  Governor  may  order  a  special  session. 

Sec.  6.  The  Board  of  Education  shall  appoint  a  Secretary,  who 
shall  be  the  executive  officer  of  the  Board,  and  perform  such  duties  as 
may  be  imposed  upon  him  by  the  Board,  and  the  laws  of  the  State. 
They  shall  keep  a  journal  of  their  proceedings,  which  shall  be  pub- 
lished and  distributed  in  the  same  manner  as  the  journals  of  the  Gen- 
eral Assembly. 

Sec.  7.  All  rules  and  regulations  made  by  the  Board  shall  be  pub- 
lished and  distributed  to  the  several  counties,  townships,  and  school 
districts,  as  may  be  provided  for  by  the  Board,  and  when  so  made, 
published  and  distributed,  they  shall  have  the  force  and  efi'ect  of  law. 

Sec.  8.  The  Board  of  Education  shall  have  full  power  and  author- 
ity to  legislate  and  make  all  needful  rules  and  regulations  in  relation 
to  Common  Schools,  and  other  ecluctional  institutions,  that  are  insti- 
tuted, to  receive  aid  from  the  School  or  University  fund  of  this  State; 
but  all  acts,  rules,  and  regulations  of  said  Board  may  be  altered, 
amended  or  repealed  by  the  General  Assembly ;  and  when  so  altered, 
amended,  or  repealed,  they  shall  not  be  re-enacted  by  the  Board  of 
Education. 

Sec.  0.  The  Governor  of  the  State  shall  be,  c.v-op'cio^  a  member  of 
said  Board. 

Sec.  10.  The  Board  shall  have  no  power  to  levy  taxes,  or  make 
appropriations  of  money.  Their  contingent  expenses  shall  be  pro- 
vided for  by  the  General  Assembly. 

Sec.  11.  The  State  UniA^ersity  shall  be  established  at  one  piace 
without  branches  at  any  other  place,  and  the  TTniversity  fund  shall 
be  applied  to  that  institution  and  no  other. 

Sec.  12.  The  Board  of  Education  shall  provide  for  the  education 
of  all  the  youths  of  the  State,  through  a  system  of  common  schools, 
and  such  schools  shall  be  organized  and  kej^t  in  each  school  district 
at  least  three  months  in  each  year.  Any  district  failing,  for  two  con- 
secutive years,  to  organize  and  keep  up  a  school,  as  aforesaid,  may  be 
deprived  of  their  portion  of  the  school  fund. 


1152  Iowa— 1857 

Sec.  13.  The  members  of  the  Board  of  Education  shall  each  re- 
ceive the  same  per  diem  during  the  time  of  their  session,  and  mileage 
going  to  and  returning  therefrom,  as  members  of  the  General 
Assembly. 

Sec.  14.  A  majority  of  the  Board  shall  constitute  a  quorum  for  the 
transaction  of  business;  but  no  rule,  regulation,  or  law,  for  the  gov- 
ernment of  common  schools  or  other  educational  institutions  shall 
pass  without  the  cojicurrence  of  a  majority  of  all  the  members  of  the 
Board,  which  shall  be  expressed  by  the  yeas  and  nays  on  the  final  pas- 
sage. The  style  of  all  acts  of  the  Board  shall  be,  "  Be  it  enacted  by 
the  Board  of  Education  of  the  State  of  Iowa." 

Sec.  15.  At  any  time  after  the  year  one  thousand,  eight  hundred 
and  sixty-three,  the  General  Assembly  shall  have  power  to  abolish  or 
re-organize  said  Board  of  Education,  and  provide  for  the  educa- 
tional interest  of  the  State  in  any  other  manner  that  to  them  shall 
seem  best  and  proper. 

2nd. — School  Funds  and  School  Lands 

Section  1.  The  educational  and  school  funds  and  lands,  shall  be 
under  the  control  and  management  of  the  General  Assembly  of  this 
State. 

Sec.  2.  The  University  lands,  and  the  proceeds  thereof,  and  all 
mone^^s  belonging  to  said  fund  shall  be  a  permanent  fund  for  the  sole 
use  of  the  State  University.  The  interest  arising  from  the  same 
shall  be  annually  appropriated  for  the  support  and  benefit  of  said 
Universit^^ 

Sec.  3.  The  General  Assembly  shall  encourage,  by  all  suitable 
means,  the  promotion  of  intellectual,  scientific,  moral,  and  agri- 
cultural 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  may  have  been,  or  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 
in  the  j^ear  of  our  Lord  one  thousand  eight  hundred  and  forty-one, 
and  all  estates  of  deceased  persons  who  may  have  died  without  leav- 
ing a  will  or  heir,  and  also  such  per  cent  as  has  been  or  may  hereafter 
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 
rents  of  the  unsold  lands,  and  such  other  means  as  the  General 
Assembly  may  provide,  shall  be  inviolably  appropriated  to  the  sup- 
port of  common  schools  throughout  the  State. 

Sec.  4.  The  money  which  may  have  been  or  shall  be  paid  by  per- 
sons as  an  equivalent  from  exemption  from  militarj^  dut}",  and  the 
clear  proceeds  of  all  fines  collected  in  the  several  counties  for  any 
breach  of  the  penal  laws,  shall  be  exclusively  applied,  in  the  several 
counties  in  which  such  money  is  j)aid,  or  fine  "collected,  among  the 
several  school  districts  of  said  counties,  in  proportion  to  the  number 
of  youths  subject  to  enumeration  in  such  districts,  to  the  support  of 
common  schools,  or  the  establishment  of  libraries,  as  the  Board  of 
Education  shall  from  time  to  time  provide. 

Sec.  5.  The  General  Assembly  shall  take  measures  for  the  j^rotec- 
tion,  improvement,  or  other  disposition  of  such  lands  as  have  been,  or 


Iowa— 1857  1153 

may  hereafter  be  reserved,  or  granted  by  the  United  States,  or  any 
person  or  persons,  to  this  State,  for  the  use  of  the  University,  and  the 
funds  accruing  from  the  rents  or  sale  of  such  lands,  or  from  any  other 
source  for  the  purpose  aforesaid,  shall  be,  and  remain,  a  permanent 
fund,  the  interest  of  which  shall  be  aj^plied  to  the  support  of  said 
University,  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  General  Assembly  as  soon  as  may  be,  to  provide  effectual 
means  for  the  improvement  and  permanent  security  of  the  funds  of 
said  University. 

Sec.  6.  The  financial  agents  of  the  school  funds  shall  be  the  same, 
that  by  law,  receive. and  control  the  State  and  county  revenue,  for 
other  civil  purposes,  under  such  regulations  as  may  be  provided  by 
law. 

Sec.  7.  The  money  subject  to  the  support  and  maintenance  of  com- 
mon schools  shall  be  distributed  to  the  districts  in  proportion  to  the 
number  of  youths,  between  the  ages  of  five  and  twenty-one  j^ears,  in 
such  manner  as  may  be  provided  by  the  General  Assembly. 

Article  X 

AMENDMENTS  TO  THE   CONSTITUTION 

Section  1.  Any  amendment  or  amendments  to  this  Constitution 
may  be  proposed  in  either  House  of  the  General  Assembly ;  and  if 
the  same  shall  be  agreed  to  by  a  majorit}^  of  the  members  elected  to 
each  of  the  two  Houses,  such  proposed  amendment  shall  be  entered 
on  their  journals,  with  the  yeas  and  nays  taken  thereon,  and  referred 
to  the  Legislature  to  be  chosen  at  the  next  general  election,  and  shall 
be  jDublished,  as  provided  by  law  for  three  months  previous  to  the 
time  of  making  such  choice;  and  if,  in  the  General  Assembly  so  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  General  Assembly  to  submit  such  pro- 
posed amendment  or  amendments  to  the  people  in  such  manner,  and 
at  such  time  as  the  General  Assembly  shall  provide;  and  if  the  people 
shall  approve  and  ratify  such  amendment  or  amendments  b}'  a 
majority  of  the  electors  qualified  to  vote  for  members  of  the  General 
Assembly,  voting  thereon,  such  amendment  or  amendments  shall 
become  a  part  of  the  Constitution  of  this  State. 

Sec.  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. 

Sec.  3.  At  the  general  election  to  be  held  in  the  year  one  thousand 
eight  hundred  and  sevent}^,  and  in  each  tenth  year  thereafter,  and  also 
at  such  times  as  the  General  Assembly  may,  b}^  law,  provide,  the 
question,  "  Shall  there  be  a  Convention  to  revise  the  Constitution,  and 
amend  the  same?'"  shall  be  decided  by  the  electors  qualified  to  vote 
for  members  of  the  General  Assembly;  and  in  case  a  nuijority  of  the 
electors  so  qualified,  voting  at  such  election  for  and  against  such 
proposition,  shall  decide  in  favor  of  a  convention  for  such  purpose, 
the  General  Assembly,  at  its  next  session,  shall  provide  by  law  for 
the  election  of  delegates  to  such  Convention. 


1154  Iowa— 1857 

Article  XI 

MISCELLANEOUS 

Section  1.  The  jurisdiction  of  Justices  of  the  Peace  shall  extend 
to  all  civil  cases,  (except  cases  in  chancery,  and  cases  where  the  ques- 
tion of  title  to  real  estate  may  arise,)  where  the  amount  in  controversy 
does  not  exceed  one  hundred  dollars,  and  by  the  consent  of  parties 
may  be  extended  to  any  amount  not  exceeding  three  hundred  dollars. 

Sec.  2.  Xo  new  county  shall  be  hereafter  created  containing  less 
than  four  hundred  and  thirty-two  square  miles;  nor  shall  the  terri- 
tory of  any  organized  county  be  reduced  below  that  area ;  except  the 
county  of  Worth,  and  the  counties  west  of  it,'  along  the  northern 
boundary  of  this  State,  may  be  organized  without  additional  territory. 

Sec.  3.  No  county,  or  other  political  or  municipal  corporation, 
shall  be  allowed  to  become  indebted,  in  any  manner,  or  for  any  pur- 
pose, to  an  amount,  in  the  aggregate,  exceeding  five  per  centum  of  the 
value  of  the  taxable  property  within  such  county  or  corporation — to 
be  ascertained  by  the  last  State  and  county  tax  lists,  previous  to  the 
incurring  of  such  indebtedness. 

Sec.  4.  The  boundaries  of  the  State  may  be  enlarged,  with  the 
consent  of  Congress  and  the  General  Assembly. 

Sec.  5.  Every  person  elected  or  appointed  to  any  office,  shall,  be- 
fore entering  upon  the  duties  thereof,  take  an  oath  or  affirmation  to 
support  the  Constitution  of  the  United  States,  and  of  this  State,  and 
also  an  oath  of  office. 

Sec.  6.  In  all  cases  of  elections  to  fill  vacancies  in  office  occurring 
before  the  expiration  of  a  full  term,  the  person  so  elected  shall  hold 
for  the  residue  of  the  unexpired  term;  and  all  persons  appointed  to 
fill  vacancies  in  office,  shall  hold  until  the  next  general  election,  and 
until  their  successors  are  elected  and  qualified. 

Sec.  7.  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  occupant  so  exempted  shall  not  ex- 
ceed three  hundred  and  twenty  acres. 

Sec.  8.  The  seat  of  goA^ernm'ent  is  hereby  permanently  established, 
as  now  fixed  by  law,  at  the  city  of  Des  Moines,  in  the  county  of  Polk ; 
and  the  State  IJniversity  at  Iowa  City,  in  the  county  of  Johnson. 

Article  XII 
schedule 

Section  1.  The  Constitution  shall  be  the  supreme  law  of  the  State, 
and  any  law  inconsistent  therewith,  shall  be  void.  The  General  As- 
sembly shall  pass  all  laws  necessary  to  carry  this  Constitution  into 
effect. 

Sec.  2.  All  laws  now  in  force  and  not  inconsistent  with  this  Con- 
stitution, shall  remain  in  force  until  they  shall  expire  or  be  repealed. 

Sec.  3.  All  indictments,  prosecutions^  suits,  pleas,  plaints,  proc- 
ess, and  other  proceedings  pending  in  anj^  of  the  courts,  shall  be 
prosecuted  to  final  judgment  and  execution;  and  all  appeals,  writs  of 


Iowa— 1857  1155 

error,  certiorari,  and  injunctions,  shall  be  carried  on  in  the  several 
courts,  in  the  same  manner  as  now  provided  by  law,  and  all  offenses, 
misdemeanors  and  crimes  that  may  have  been  committed  before  the 
taking  eifect  of  this  Constitution,  shall  be  subject  to  indictment,  trial 
and  punishment,  in  the  same  manner  as  they  would  have  been  had  not 
this  Constitution  been  made. 

Sec.  4.  All  fines,  penalties,  or  forfeitures  due,  or  to  become  clue,  or 
accruing-  to  the  State,  or  to  any  county  therein,  or  to  the  school  fund, 
shall  inure,  to  the  State,  county,  or  school  fund,  in  the  manner  pre- 
scribed by  law. 

Sec.  n.  All  bonds  executed  to  the  State,  or  to  any  officer  in  his 
official  capacity,  shall  remain  in  force  and  inure  to  use  of  those 
concerned. 

Sec.  6.  The  first  election  under  this  Constitution  shall  be  held  on 
the  second  Tuesday  in  October,  in  the  year  one  thousand  eight  hun- 
dred and  fifty-seven,  at  which  time  the  electors  of  the  State  shall  elect 
the  Governor  and  Lieutenant-Governor.  There  shall  also  be  elected 
at  such  election,  the  successors  of  such  State  Senators  as  were  elected 
at  the  August  election,  in  the  year  one  thousand  eight  hundred  and 
fifty-four,  and  members  of  the  House  of  Eepresentatives,  who  shall 
be  elected  in  accordance  with  the  act  of  apportionment,  enacted  at 
the  session  of  the  General  Assembly  which  commenced  on  the  first 
Monday  of  December  one  thousand  eight  hundred  and  fifty-six. 

Sec.  7.  The  first  election  for  Secretary,  Auditor,  and  Treasurer  of 
State,  Attorney-General,  District  Judges,  Members  of  the  Board  of 
Education,  District  Attorneys,  Members  of  Congress,  and  such  State 
Officers  as  shall  l>e  elected  at  the  April  Election,  in  the  year  one  thou- 
sand eight  hundred  and  fifty-seven,  (except  the  Superintendent  of 
Public  Instruction),  and  such  countv  officers  as  were  elected  at  the 
August  election,  in  the  year  one  thousand  eight  hundred  and  fifty- 
six,  except  Prosecuting  Attorneys,  shall  be  held  on  the  second  T,ues- 
day  of  October,  one  thousand  eight  hundred  and  fifty-eight :  Pro- 
vided., That  the  time  for  which  any  District  Judge  or  other  State  or 
county  officer  elected  at  the  April  election  in  the  year  one  thousand 
eight  hundred  and  fifty-eight,  shall  not  extend  beyond  the  time  fixed 
for  filling  like  offices  at  the  October  election,  in  the  year  one  thou- 
sand eight  hundred  and  fifty-eight. 

Sec.  8.  The  first  election  for  Judges  of  the  Supreme  Court,  and 
such  county  officers  as  shall  be  elected  at  the  August  election,  in  the 
year  one  thousand  eight  hundred  and  fifty-seven,  shall  be  held  on  th(> 
second  Tuesday  in  October,  in  the  year  one  thousand  eight  hundred 
and  fifty-nine. 

Sec.  9.  The  first  regular  session  of  the  General  Assembly  shall  be 
held  in  the  year  one  thousand  eight  hundred  and  fifty-eight,  com- 
mencing on  the  second  Monday  of  January  of  said  year. 

Sec.  10.  Senators  elected  at  the  August  election,  in  the  year  one 
thousand  eight  hundred  and  fifty-six,  shall  continue  in  office  until 
the  second  Tuesday  of  October,  in  the  year  one  thousand  eight  hun- 
dred and  fifty-nine,  at  which  time  their  successors  shall  be  elected  as 
may  be  prescribed  by  law. 

Sec.  11.  Every  person  elected  by  popular  vote,  by  a  vote  of  the 
General  Assembly,  or  who  may  hold  office  by  executive  appointment, 
M'hich  office  is  continued  by  this  Constitution,  and  every  person  who 
shall  be  so  elected  or  appointed  to  any  such  office,  before  the  taking 


1156  Iowa— 1857 

effect  of  this  Constitution,  (except  as  in  the  Constitution  otherwise 
provided),  shall  continue  in  office  until  the  term  for  which  such  per- 
son has  been  or  may  be  elected  or  appointed  shall  expire;  but  no  such 
person  shall  continue  in  office  after  the  taking  effect  of  this  Constitu- 
tion, for  a  longer  period  than  the  term  of  such  office,  in  this  Constitu- 
tion prescribed. 

Sec.  12.  The  General  Assembly,  at  the  first  session  under  this  Con- 
stitution, shall  district  the  State  into  eleven  Judicial  Districts,  for 
District  Court  j^urposes;  and  shall  also  provide  for  the  apportionment 
of  the  members  of  the  General  Assembly  in  accordance  with  the  pro- 
visions of  this  Constitution. 

Sec.  13.  This  Constitution  shall  be  submitted  to  the  electors  of  the 
State  at  the  iVugust  election,  in  the  year  one  thousand  eight  hundred 
and  fifty-seven,  in  the  several  election  districts  in  this  State.  The 
ballots  at  such  election  shall  be  written  or  printed  as  follows :  Those 
in  favor  of  the  Constitution,  "  New  Constitution — Yes."  Those 
against  the  Constitution,  "  New  Constitution — No."  The  election 
shall  be  conducted  in  the  same  manner  as  the  general  elections  of  the 
State,  and  the  poll-books  shall  be  returned  and  canvassed  as  provided 
in  the  twenty-fifth  chapter  of  the  Code,  and  abstracts  shall  be  for- 
warded to  the  Secretary  of  State,  which  abstracts  shall  be  canvassed 
in  the  manner  provided  for  the  canvass  of  State  officers.  And  if  it 
shall  appear  that  a  majority  of  all  the  votes  cast  at  such  election 
for  and  against  this  Constitution  are  in  favor  of  the  same,  the  Gov- 
ernor shall  immediately  issue  his  proclamation  stating  that  fact,  and 
such  Constitution  shall  be  the  Constitution  of  the  State  of  Iowa,  and 
shall  take  effect  from  and  after  the  publication  of  said  proclamation. 

Sec.  14.  At  the  same  election  that  this  Constitution  is  submitted  to 
the  people  for  its  adoption  or  rejection,  a  proposition  to  amend  the 
same  by  striking  out  the  word  "  white  "  from  the  article  on  the  "  Right 
of  Suffrage,"  shall  be  separately  submitted  to  the  electors  of  this  State 
for  adoption  or  rejection,  in  the  manner  following.  Namely :  A  sepa- 
rate ballot  may  be  given  by  every  person  having  a  right  to  vote  at 
said  election,  to  be  deposited  in  a  separate  box.  And  those  given  for 
the  adoption  of  such  proposition  shall  have  the  words,  "  shall  the 
word  '  white  '  be  stricken  out  of  the  article  on  the  '  Eight  of  Suffrage?' 
Yes."  And  those  given  against  the  proposition  shall  have  the  words, 
"  Shall  the  word  '  white  '  be  stricken  out  of  the  article  on  the  '  Right 
of  Suffrage?'  No."  And  if  at  said  election  the  number  of  ballots 
cast  in  favor  of  said  proposition  shall  be  equal  to  a  majority  of  those 
cast  for  and  against  this  Constitution,  then  said  word  *  white  '  shall 
be  stricken  from  said  article  and  be  no  part  thereof. 

Sec.  15.  Until  otherwise  directed  by  law,  the  county  of  Mills  shall 
be  in  and  a  part  of  the  Sixth  Judicial  District  of  this  State. 

Done  in  convention  at  Iowa  City,  this  fifth  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-seven,  and  of 
the  independence  of  the  United  States  of  America,  the  eighty-first. 

In  testimony  whereof,  we  have  hereunto  subscribed  our  names. 

Francis  Springer,  President. 

Attest : 

Th.  J.  Saunders,  Secretary. 

E.  N.  Bates,  Assistant  Secretary. 


\ 


Iowa—18S7  1157 


SUMMARY    OF    AMENDMENTS    TO    THE    CONSTITUTION 

By  vote  of  the  people,  November  3d,  1868,  and  proclamation  of  the 
Governor,  December  8th,  1868  : 

1st.  Strike  the  word  "  white  '■  from  section  one  of  article  two 
thereof. 

2d.  Strike  the  word  "  white  "  from  section  thirt^^-three  of  article 
three  thereof. 

8d.  Strike  the  word  "  white  "  from  section  thirtj^-foiir  of  article 
three  thereof. 

4th.  Strike  the  word  "  white "  from  section  thirty-five  of  arti- 
cle three  thereof. 

5th.  Strike  the  word  "  w^hite "  from  section  one  of  article  six 
thereof. 

By  vote  of  the  people  November  2d,  1880,  and  certificate  of  the 
Board  of  State  Canvassers,  December  3rd,  1880 : 

Strike  out  the  words  "  free  white  "  from  the  third  line  of  section 
four  [4]  of  article  three [3]  of  said  Constitution,  relating  to  the  legis- 
lative department. 

By  vote  of  the  people,  June  27th,  1882,  and  certificate  of  the 
Board  of  State  Canvassers,  July  28th,  1882 : 

Section  26.  No  person  shall  manufacture  for  sale,  or  sell,  or  keep 
for  sale,  as  a  beverage,  any  intoxicating  liquors  whatever,  including 
ale,  wine  and  beer.  The  General  Assembly  shall  by  law  prescribe 
regulations  for  the  enforcement  of  the  prohibition  herein  contained, 
and  shall  thereby  provide  suitable  penalties  for  the  violation  of  the 
provision  hereof. 

[The  Supreme  Court,  April  21st,  1883,  in  the  case  of  Koehler  &  Lange  vs. 
Hill,  reported  in  GUth  Iowa,  page  543,  held  that  the  amendment.  Section  26,  as 
submitted  to  the  electors  did  not  become  a  part  of  the  constitution.] 

By  vote  of  the  people,  November  4th,  1884,  and  certificate  of  the 
Board  of  State  Canvassers,  December,  10th,  1884 : 

Amendment  1. — The  general  election  for  state,  district,  county  and 
township  officers,  shall  be  held  on  the  Tuesday  next  after  the  first 
Monday  in  November. 

Amenchnent  2. — At  any  regular  session  of  the  General  Assembly 
the  state  may  be  divided  into  the  necessary  judicial  districts  for  dis- 
trict court  purposes,  or  the  said  districts  may  be  reorganized  and  the 
number  of  the  districts  and  the  jutlges  of  said  courts  increased  or 
diminished;  but  no  reorganization  of  the  districts  or  diminution  of 
the  judges  shall  have  the  effect  of  removing  a  judge  from  office. 

Amendment  3. — The  grand  jury  may  consist  of  any  number  of 
members,  not  less  than  five,  nor^  more  than  fifteen,  as  the  General 
Assembly  may  by  law  provide,  or  the  General  Assembly  may  provide 
for  holding  persons  to  answer  for  any  criminal  offense  without  the 
intervention  of  a  grand  jury. 

Amendme7it  4- — That  section  13  of  article  5  of  the  Constitution  be 
stricken  therefrom,  and  the  following  adopted  as  such  section: 

"  Section  13.  The  (pialified  electors  of  each  county  shall,  at  the 
general  election  in  the  year  1886,  and  every  two  years  thereafter,  elect 
a  county  attorney,  who  shall  be  a  resident  of  the  county  for  which 


1158  Iowa— 1857 

ho  is  elected,  and  sliall  hold  his  office  for  two  years,  and  until  the 
successor  shall  have  been  elected  and  qualified." 

By  proper  legislative  action  (lii)  G.  A.,  Joint  Res.  No.  2,  and  30 
G.  A.,  Joint  Res.  No.  2),  by  vote  of  the  people  November  eighth,  one 
thousand  nine  hundred  and  four  and  certificate  of  the  board  of  state 
canvassers,  November  twenty-ninth,  one  thousand  nine  hundred  and 
four : 

That  section  thirty-four  (34),  thirty-five  (35)  and  thirty-six  (36) 
of  article  three  (3)  of  the  constitution  of  the  state  of  Iowa,  be 
repealed  and  the  following  be  adopted  in  lieu  thereof. 

"  Section  34.  The  senate  shall  be  composed  of  fifty  members  to  be 
elected  from  the  several  senatorial  districts,  established  by  law  and  at 
the  next  session  of  the  general  assembly  held  following  the  taking  of 
the  state  and  national  census,  they  shall  be  apportioned  among  the 
several  counties  or  districts  of  the  state,  according  to  population  as 
shown  by  the  last  preceding  census. 

"  Section  35.  The  house  of  representatives  sliall  consist  of  not  more 
than  one  hundred  and  eight  members.  The  ratio  of  representation 
shall  be  determined  by  dividing  the  whole  number  of  the  population 
of  the  state  as  shown  by  the  last  preceding  state  or  national  census, 
by  the  whole  number  of  counties  then  existing  or  organized,  but  each 
county  shall  constitute  one  representative  district  and  be  entitled  to 
one  representative,  but  each  county  having  a  population  in  excess 
of  the  ratio  number,  as  herein  provided  of  three-fifths  or  more  of 
such  ratio  number  shall  be  entitled  to  one  additional  representative, 
but  said  addition  shall  extend  only  to  the  nine  counties  having  the 
greatest  population. 

"  Section  36.  The  general  assembly  shall,  at  the  first  regular  ses- 
sion held  following  the  adoption  of  this  amendment,  and  at  each 
succeeding  regular  session  held  next  after  the  taking  of  such  census, 
fix  the  ratio  of  representation,  and  apportion  the  additional  repre- 
sentatives, as  herein  before  required.*' 

By  proper  legislative  action  (29  G.  A.  Joint  Res.  No.  5  and  30 
G.  A.,  Joint  Res.  No.  1,)  by  ^^ote  of  the  people  November  eighth,  one 
thousand  nine  hundred  and  four,  and  certificate  of  the  board  of  state 
canvassers,  November  twenty-ninth,  one  thousand  nine  hundred  and 
four : 

'^Add  as  section  sixteen,  to  article  twelve  of  the  constitution,  the 
following : 

"  Sec.  16.  The  first  general  election  after  the  adoption  of  this 
amendment  shall  be  held  on  the  Tuesday  next  after  the  first  ^Monday 
in  November  in  the  year  one  thousand  nine  hundred  and  six,  and  gen- 
eral elections  shall  be  held  biennially  thereafter.  In  the  year  one 
thousand  nine  hundred  and  six  there  shall  be  elected  a  governor, 
lieutenant-governor,  secretary  of  state,  auditor  of  state,  treasurer  of 
state,  attorney-general,  two  judges  of  the  supreme  court,  the  succes- 
sors of  the  judges  of  the  district  court  whose  terms  of  office  expire  on 
December  31st,  one  thousand  nine  hundred  and  six,  state  senators 

a  Practically  the  same  amendment  was  adopted  by  the  people  November  Oth. 
1900.  but  the  supreme  court,  February  1,  1901.  in  the  case  of  the  8tate  of  Iowa 
ex  rel  Marsh  W.  Bailey,  rs.  S.  W.  Brookhart,  respondent,  appellant,  held  that 
the  amendment,  section  Ki,  was  not  proposed  and  adopted  as  required  by  the 
constitution,  and  did  uot  become  a  part  thereof. 


Iowa— 1857  1159 

who  would  otherwise  be  chosen  in  the  3'ear  one  thousand  nine  hnn- 
(h'ed  and  five,  and  members  of  the  house  of  representatives.  The 
terms  of  office  of  the  judges  of  the  supreme  court  which  woukl  other- 
wise expire  on  December  31st,  in  odd-numbered  years,  and  all  other 
elective  state,  county  and  township  officers  whose  terms  of  office  would 
otherAvise  expire  in  January  in  the  year  one  thousand  nine  hundred 
and  six,  and  members  of  the  general  assembly  whose  successors  would 
otherwise  be  chosen  at  the  general  election  in  the  year  one  thousand 
nine  hundred  and  five,  are  hereby  extended  one  year  and  until  their 
successors  are  elected  and  qualified.  The  terms  of  offices  of  senators 
whose  successors  would  otherwise  be  chosen  in  the  3'ear  one  thousand 
nine  hundred  and  seven  are  herel)y  extended  one  year  and  until  their 
successors  are  elected  and  qualified.  The  general  assembly  shall  make 
such  changes  in  the  law  governing  the  time  of  election  and  term  of 
office  of  all  other  elective  officers  as  shall  be  necessary  to  make  the 
time  of  their  election  and  terms  of  office  conform  to  this  amendment, 
and  shall  j^rovide  which  of  the  judges  of  the  supreme  court  shall 
serve  as  chief  justice.  The  general  assembly  shall  meet  in  regular 
session  on  the  second  Monday  in  January,  in  the  year  one  thousand 
nine  hundred  and  six,  and  also  on  the  second  Monday  in  January  in 
the  vear  one  thousand  nine  hundred  and  seven,  and  biennally  there- 
aftek" 


KANSAS 


For  organic  acts  issued  before  1854  relating  to  the  land  now  included  within 
Kansas  see  in  this  work  : — 

Treaty  Ceding  Louisiana,  1803  (Louisiana,  p.  1359). 

District  of  Louisiana,  1804  (Louisiana,  p.  1364). 

TeiTitorial  Government  of  Louisiana,  1805  (Louisiana,  p.  1371). 

Territorial  Government  of  Missouri,  1812  (Missouri,  p.  2139). 

Treaty  of  Cession  with  Spain,  1819  (Florida,  p.  649). 

Act  for  Government  of  Indian  Country,  1834  (Indian  Territory,  p.  1097). 

Joint  Resolution  Admitting  Texas,  1845  (Texas,  p.  3544). 


TERRITORIAL  GOVERNMENT  OF  KANSAS— 1854 

[Thirty-third  Congress,  First  Session] 
An  Act  to  organize  the  Territories  of  Nebraska  and  Kansas 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  In  Congress  assembled^  That  all  that  part 
of  the  territory  of  the  United  States  included  Avithin  the  following 
limits,  except  such  portions  thereof  as  are  hereinafter  expressly  ex- 
empted from  the  operations  of  this  act,  to  wit :  beginning  at  a  point  in 
the  Missouri  Eiver,  where  the  fortieth  parallel  of  north  latitude 
crosses  the  same;  thence  west  on  said  parallel  to  the  east  boundary 
of  the  Territory'  of  Utah,  on  the  summit  of  the  Rocky  jNIountains; 
thence  on  said  summit  northward  to  the  fortj^-ninth  parallel  of  north 
latitude ;  thence  east  on  said  parallel  to  the  western  boundary  of  the 
Territory  of  Minnesota;  thence  southward  on  said  boundar}^  to  the 
Missouri  River;, thence  down  the  main  channel  of  said  river  to  the 
jjlace  of  beginning;  be,  and  the  same  is  hereby,  created  into  a  tem- 
porary government  by  the  name  of  the  Territory  of  Nebraska ;  and 
when  admitted  as  a  State  or  States,  the  said  Territor}',  or  any  portion 
of  the  same,  shall  be  received  into  the  Union  with  or  without  slavery, 
as  their  constitution  may  prescribe  at  the  time  of  their  admission : 
Provided,  That  nothing  in  this  act  contained  shall  be  construed  to 
inhibit  the  GoA^ernment  of  the  United  States  from  dividing  said  Ter- 
ritory into  tw^o  or  more  Territories,  in  such  manner  and  at  such  times 
as  Congress  shall  deem  convenient  and  proper,  or  from  attaching 
any  portion  of  said  Territory  to  any  other  State  or  Territory  of  the 
United  States:  Provided  further.  That  nothing  in  this  act  contained 
shall  be  construed  to  impair  the  rights  of  person  or  property  now  per- 
taining to  the  Indians  in  said  Territory,  so  long  as  such  rights  shall 
remain  unextinguished  by  treaty  between  the  United  States  and  such 
Indians,  or  to  include  any  territory  which,  by  treaty  with  any  Indian 
tribe,  is  not,  without  the  consent  of  said  tribe,  to  be  included  within 

iiai 


1162  Kansas— 1854 

the  territorial  limits  or  jurisdiction  of  any  State  or  Territory;  but 
all  such  territory  shall  be  excepted  out  of  the  boundaries,  and  con- 
stitute no  part  of  the  Territory  of  Nebraska,  until  said  tribe  shall 
signif}'  their  assent  to  the  President  of  the  United  States  to  be  in- 
cluded within  the  said  Territory  of  Nebraska,  or  to  affect  the  authority 
of  the  Government  of  the  United  States  to  make  any  reguhitions  re- 
specting such  Indians,  their  lands,  pro])erty,  or  other  rights,  by 
treaty,  laAv,  or  otherwise,  which  it  would  have  been  competent  to  the 
Government  to  make  if  this  act  had  never  passed. 

Sec.  2.  And  he  it  further  enacted.  That  the  executive  power  and 
authority  in  and  over  said  Territory  of  Nebraska  shall  be  vested  in  a 
governor,  who  shall  hold  his  office  for  four  years,  and  until  his  suc- 
cessor shall  be  appointed  and  qualified,  unless  sooner  removed  1)V  the 
President  of  the  United  States.  The  governor  shall  reside  Avithin 
said  Territory,  and  shall  be  commander-in-chief  of  the  militia  there- 
of. He  may  grant  pardons  and  respites  for  offences  against  the 
laws  of  said  Territory,  and  reprieves  for  offences  against  the  laws  of 
the  United  States,  until  the  decision  of  the  President  can  be  made 
known  thereon;  he  shall  commission  all  officers  who  shall  be  appointed 
to  office  under  the  laws  of  the  said  Territory,  and  shall  take  care  that 
the  laws  be  faithfully  executed. 

Sec.  3.  And  he  it  further  enacted.  That  there  shall  be  a  Secretary 
of  said  Territory  who  shall  reside  therein,  and  hold  his  office  for  five 
years,  unless  sooner  removed  by  the  President  of  the  Ignited  States; 
he  shall  record  and  preserve  all  the  laws  and  proceedings  of  the  leg- 
islative assembly  hereinafter  constituted,  and  all  the  acts  and  pro- 
ceedings of  the  governor  in  his  executive  department ;  he  shall  trans- 
mit one  copy  of  the  laws  and  journals  of  the  legislative  assembly 
within  thirty  days  after  the  end  of  each  session,  and  one  copy  of  the 
executive  proceedings  and  official  correspondence  semi-annually,  on 
the  first  days  of  January  and  July  in  each  year,  to  the  President  of 
the  United  States,  and  two  copies  of  the  laws  to  the  President  of  the 
Senate  and  to  the  Speaker  of  the  House  of  Representatives,  to  be 
deposited  in  the  libraries  of  Congress;  and  in  case  of  the  death, 
removal,  resignation,  or  absence  of  the  governor  from  the  Territory,  the 
secretary  shall  be,  and  he  is  hereby,  authorized  and  required  to  exe- 
cute and  perform  all  the  powers  and  duties  of  the  governor  during 
such  vacancy  or  absence,  or  until  another  governoi*  shall  be  duly 
appointed  and  qualified  to  fill  such  vacancy. 

Sec.  4.  And  he  it  further  enacted.  That  the  legislative  power  and 
authority  of  said  Territory  shall  be  vested  in  the  governor  and  a 
legislative  assembly.  The  legislative  assembly  shall  consist  of  a 
Council  and  House  of  Eepresentatives.  The  Council  shall  consist 
of  thirteen  members,  having  the  qualifications  of  voters,  as  herein- 
iifter  prescribed,  whose  term  of  service  shall  continue  two  years. 
The  House  of  Representatives  shall,  at  its  first  session,  consist  of 
twenty-six  members,  possessing  the  same  qualifications  as  prescribed 
for  members  of  the  Council,  and  whose  term  of  service  shall  continue 
one  year.  The  number  of  representatives  may  be  increased  by  the 
Legislative  Assembly,  from  time  to  time,  in  proportion  to  the  increase 
of  qualified  voters:  Provided,  That  the  whole  number  shall  never 
exceed  thirty-nine.  An  apportionment  shall  be  made,  as  nearly  equal 
as  practicable,  among  the  several  counties  or  districts,  for  the  elec- 
tion of  the  council  and  representatives,  giving  to  each  section  of  the 


Kansas— 1854  1163 

Territory  representation  in  the  ratio  of  its  qualified  voters  as  nearly 
as  may  be.  And  the  members  of  the  Council  and  of  the  House  of 
Representatives  shall  reside  in,  and  be  inhabitants  of,  the  district  or 
county  or  counties  for  which  they  may  be  elected,  respectively. 
Previous  to  the  first  election,  the  governor  shall  cause  a  census  or 
enumeration  of  the  inhabitants  and  qualified  voters  of  the  several 
counties  and  districts  of  the  Territory  to  be  taken  by  such  persons 
and  in  such  mode  as  the  governor  shall  designate  and  appoint ;  and 
the  persons  so  appointed  shall  receive  a  reasonable  compensation 
therefor.  And  the  first  election  shall  be  held  at  such  time  and  places, 
and  be  conducted  in  such  manner,  both  as  to  the  persons  who  shall 
superintend  such  election  and  the  returns  thereof,  as  the  governor 
shall  appoint  and  direct ;  and  he  shall  at  the  same  time  declare  the 
number  of  members  of  the  Council  and  House  of  Representatives  to 
which  each  of  the  counties  or  districts  shall  be  entitled  under  this  act. 
The  persons  having  the  highest  number  of  legal  votes  in  each  of  said 
council  districts  for  members  of  the  Council  shall  be  declared  by  the 
governor  to  be  duly  elected  to  the  Council;  and  the  persons  having 
the  highest  number  of  legal  votes  for  the  House  of  Representatives 
shall  be  declared  by  the  governor  to  be  duly  elected  members  of  said 
house:  ProrklccU  That  in  case  two  or  more  persons  voted  for  shall 
have  an  equal  number  of  A'otes,  and  in  case  a  vacancy  shall  otherwise 
occur  in  either  branch  of  the  Legislative  Assembly,  the  governor  shall 
order  a  new  election ;  and  the  persons  thus  elected  to  the  Legislative 
Assembly  shall  meet  at  such  place  and  on  such  day  as  the  governor 
shall  appoint ;  but  thereafter,  the  time,  place,  and  manner  of  holding 
and  conducting  all  elections  by  the  people,  and  the  apportioning  the 
representation  in  the  several  counties  or  districts  to  the  Council  and 
House  of  Representatives  according  to  the  number  of  qualified  voters, 
shall  be  prescribed  by  law,  as  well  as  the  day  of  the  commencement  of 
the  regular  sessions  of  the  Legislative  Assembly:  Provided.,  That  no 
session  in  any  one  year  shall  exceed  the  term  of  forty  days,  except  the 
first  session,  which  ma}^  continue  sixty  days. 

Sec.  5.  And  he  it  further  enacted^  That  every  free  white  male  in- 
habitant above  the  age  of  twenty-one  years,  who  shall  be  an  actual 
resident  of  said  Territory,  and  shall  possess  the  qualifications  herein- 
after prescribed,  shall  be  entitled  to  vote  at  the  first  election,  and 
shall  be  eligible  to  any  office  within  the  said  Territory ;  but  the  quali- 
fications of  voters  and  of  holding  office,  at  all  subsequent  elections, 
shall  be  such  as  shall  be  prescribed  by  the  Legislative  Assembly :  Pro- 
rkh'd.  That  the  right  of  suffrage  and  of  holding  office  shall  be  exer- 
cised only  by  citizens  of  the  United  States  and  those  who  shall  have 
declared  on  oath  their  intention  to  become  such,  and  shall  have  taken 
an  oath  to  support  the  Constitution  of  the  United  States  and  the  pro- 
visions of  this  act:  And  prorided  further^  That  no  officer,  soldier, 
seaman,  or  marine,  or  other  person  in  the  army  or  navy  of  the  United 
States,  or  attached  to  troops  in  the  service  of  the  United  States, 
shall  be  allowed  to  vote  or  hold  office  in  said  Territory,  by  reason  of 
being  on  service  therein. 

Sec.  6.  And  he  it  farther  enacted.,  That  the  legislative  power  of  the 
Territory  shall  extend  to  all  rightful  subjects  of  legislation  consistent 
with  the  Constitution  of  the  United  States  and  the  provisions  of  this 
act ;  but  no  law  shall  be  passed  interfering  with  the  primary  disposal 
of  the  soil ;  no  tax  shall  be  imposed  upon  the  property  of  the  United 

7252— VOL  2—07 19 


1164  Kansas— 1854 

States;  nor  shall  the  lands  or  other  property  of  non-residents  be 
taxed  higher  than  the  lands  or  other  property  of  residents.  Every 
bill  which  shall  have  passed  the  Council  and  House  of  Representa- 
tives of  the  said  Territory  shall,  before  it  become  a  law,  be  presented 
to  the  Governor  of  the  Territory ;  if  he  apj)rove,  he  shall  sign  it ;  but 
if  not,  he  shall  return  it  with  his  objections  to  the  house  in  which  it 
originated,  who  shall  enter  the  objections  at  large  on  their  journal, 
and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  two- 
thirds  of  that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  to- 
gether with  the  objections,  to  the  other  house,  by  which  it  shall  like- 
wise 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,  to  be  entered  on  the  journal  of 
each  house  respectively.  If  any  bill  shall  not  be  returned  by  the 
Governor  within  three  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  the  same  shall  be  a  law  in  like  manner  as  if 
he  had  signed  it,  unless  the  Assembly,  by  adjournment,  prevents  its 
return,  in  which  case  it  shall  not  be  a  law. 

Sec.  7.  And  he  it  further  enacted.  That  all  township,  district,  and 
county  officers,  not  herein  otherwise  provided  for,  shall  be  appointed 
or  elected,  as  the  case  may  be.  in  such  manner  as  shall  be  provided  by 
the  Governor  and  Legislative  Assembly  of  the  Territory  of  Nebraska. 
The  Governor  shall  nominate,  and.  by  and  with  the  advice  and  consent 
of  the  Legislative  Council,  appoint  all  officers  not  herein  otherwise 
provided  for;  and  in  the  first  instance  the  Governor  alone  may  ap- 
point all  said  officers,  who  shall  hold  their  offices  until  the  end  of  the 
first  session  of  the  Legislative  Assembly ;  and  shall  lay  off  the  neces- 
sary districts  for  members  of  the  Council  and  House  of  Representa- 
tives, and  all  other  officers. 

Sec.  8.  And  he  it  further  enacted.  That  no  member  of  the  Legis- 
lative Assembly  shall  hold,  or  be  appointed  to,  any  office  which  shall 
have  been  created,  or  the  salar}'  or  emoluments  of  which  shall  have 
been  increased,  while  he  was  a  member,  during  the  term  for  which  he 
was  elected,  and  for  one  year  after  the  expiration  of  such  term;  but 
this  restriction  shall  not  be  applicable  to  members  of  the  first  Legisla- 
tive Assembly :  and  no  person  holding  a  commission  or  appointment 
under  the  United  States,  except  Postmasters,  shall  be  a  member  of  the 
Legislative  Assembly,  or  hold  any  office  under  the  government  of  said 
Territory. 

Sec.  9.  And  he  it  further  enacted,  That  the  judicial  power  of  said 
Territory  shall  be  vested  in  a  Supreme  Court.  District  Courts.  Pro- 
bate Courts,  and  in  Justices  of  the  Peace.  The  Supreme  Court  shall 
consist  of  a  chief  justice  and  two  associate  justices,  any  two  of  whom 
shall  constitute  a  quorum,  and  who  shall  hold  a  term  at  the  seat  of 
government  of  said  Territory  annually,  and  they  shall  hold  their 
offices  during  the  period  of  four  years,  and  until  their  successors 
shall  be  appointed  and  qualified.  The  said  Territory  shall  be  divided 
into  three  judicial  districts,  and  a  district  court  shall  be  held  in  each 
of  said  districts  by  one  of  the  justices  of  the  Supreme  Court,  at  such 
times  and  places  as  may  be  prescribed  by  law :  and  the  said  judges 
shall,  after  their  appointments,  respectively  reside  in  the  districts 
which  shall  be  assigned  them.  The  jurisdiction  of  the  several  courts 
herein  provided  for,  both  appellate  and  original,  and  that  of  the 


Kansas — 18S4  1165 

probate  courts  and  justices  of  the  peace,  shall  be  as  limited  by  law : 
ProrideiU  That  justices  of  the  peace  shall  not  hare  jurisdiction  of  any 
matter  in  controversy  when  the  title  or  boundaries  of  land  may  be  in 
dispute,  or  where  the  debt  or  sum  claimed  shall  exceed  one  hundred 
dollars:  and  the  said  supreme  and  district  courts,  respectively,  shall 
possess  chancery  as  well  as  common-law  jurisdiction.  Each  District 
Court,  or  the  judge  thereof,  shall  appoint  its  clerk,  who  shall  also  be 
the  register  in  chancery,  and  shall  keep  his  office  at  the  place  where 
the  court  may  be  held.'  AVrits  of  error,  bills  of  exceptions,  and  ap- 
peals, shall  be  allowed  in  all  cases  from  the  final  decisions  of  said 
district  courts  to  the  Supreme  Court,  under  such  regulations  as  may 
be  prescribed  by  law;  but  in  no  case  removed  to  the  Supreme  Court 
shall  trial  by  jiiry  be  allowed  in  said  court.  The  Supreme  Court,  or 
the  justices  thereof,  shall  appoint  its  own  clerk,  and  every  clerk  shall 
hold  his  office  at  the  pleasure  of  the  court  for  which  he  shall  have  been 
appointed.  Writs  of  error  and  appeals  from  the  final  decisions  of 
said  Supreme  Court  shall  be  allowed  and  may  be  taken  to  the  Su- 
preme Court  of  the  United  States,  in  the  same  manner  and  under  the 
same  regulations  as  from  the  circuit  courts  of  the  United  States, 
where  the  value  of  the  property,  or  the  amount  in  controversy,  to  be 
ascertained  by  the-  oath  or  affirmation  of  either  party,  or  other  com- 
petent witness,  shall  exceed  one  thousand  dollars;  except  only  that  in 
all  cases  involving  title  to  slaves  the  said  writs  of  error  or  appeals 
shall  be  allowed  and  decided  by  the  said  Supreme  Court  without 
regard  to  the  value  of  the  matter,  property,  or  title  in  controversy; 
and  except  also  that  a  writ  of  error  or  appeal  shall  also  be  allowed 
to  the  Supreme  Court  of  the  United  States  from  the  decision  of  the 
said  Supreme  Court  created  by  this  act,  or  of  any  judge  thereof,  or 
of  the  district  courts  created  by  this  act.  or  of  any  judge  thereof, 
upon  any  writ  of  haheas  corpus,  involving  the  question  of  personal 
freedom':  ProvidciL  That  nothing  herein  contained  shall  be  construed 
to  apply  to  or  affect  the  provisions  to  the  "  act  respecting  fugitives 
from  justice,  and  persons  escaping  from  the  service  of  their  masters," 
approved  February  twelfth,  seventeen  hundred  and  ninety-three,  and 
the  "  act  to  amend  and  supplementary  to  the  aforesaid  act,"  approved 
September  eighteen,  eighteen  hundred  and  fifty :  and  each  of  the  said 
district  courts  shall  have  and  exercise  the  same  jurisdiction  in  all 
cases  arising  under  the  Constitution  and  Laws  of  the  United  States  as 
is  vested  in  the  Circuit  and  District  Courts  of  the  United  States; 
and  the  said  Supreme  and  District  Courts  of  the  said  Territory,  and 
the  respective  judges  thereof,  shall  and  may  grant  writs  of  habeas 
corpus  in  all  cases  in  which  the  same  are  granted  by  the  judges  of  tlie 
United  States  in  the  District  of  Columbia ;  and  the  first  six  days  of 
every  term  of  said  courts,  or  so  much  thereof  as  shall  be  necessary, 
shall  be  appropriated  to  the  trial  of  causes  arising  under  the  said 
constitution  and  laws,  and  writs  of  error  and  appeal  in  all  such  cases 
shall  be  made  to  the  Supreme  Court  of  said  Territory,  the  same  as  in 
other  cases.  The  said  clerk  shall  receive  in  all  such  cases  the  same 
fees  which  the  clerks  of  the  district  courts  of  Utah  Territory  now 
receive  for  similar  services. 

Sec.  10.  And  he  it  further  enacted,  That  the  provisions  of  an  act 
entitled  ''An  act  respecting  fugitives  from  justice,  and  persons  escaping 
from  the  service  of  their  masters,"  approved  February  twelve,  seven- 


1166  Kansas— 1854 

teen  hundred  and  ninety-three,  and  tlie  provisions  of  the  act  entitled 
"An  act  to  amend  and  su))plementary  to  the  aforesaid  act,"  approved 
September  eighteen,  eighteen  hundred  and  fifty,  be,  and  the  same  are 
hereby,  dechired  to  extend  to  and  be  in  full  force  within  the  limits  of 
said  Territory  of  Nebraska. 

Sec.  11.  And  he  it  f\ivther  enacted^  That  there  shall  be  appointed 
an  Attorney  for  said  Territory,  who  shall  continue  in  office  for  four 
years,  and  until  his  successor  shall  be  appointed  and  qualified,  unless 
sooner  removed  by  the  President,  and  Avho  shall  receive  the  same  fees 
and  salary  as  the  Attorney  of  the  United  States  for  the  present  Terri- 
tory of  Utah.  There  shall  also  be  a  Marshal  for  the  Territory 
appointed,  who  shall  hold  his  office  for  four  years,  and  until  his  suc- 
cessor shall  be  appointed  and  qualified,  unless  sooner  removed  by  the 
President,  and  who  shall  execute  all  processes  issuing  from  the  said 
courts  when  exercising  their  jurisdiction  as  Circuit  and  District 
Courts  of  the  United  States ;  he  shall  perform  the  duties,  be  subject  to 
the  same  regulation  and  penalties,  and  be  entitled  to  the  same  fees  as 
the  Marshal  of  the  District  Court  of  the  United  States  for  the  present 
Territory  of  Utah,  and  shall,  in  addition,  be  paid  two  hundred  dollars 
annually  as  a  compensation  for  extra  services. 

Sec.  12.  And  he  it  further  enacted,  That  the  Governor,  Secretary. 
Chief  Justice,  and  Associate  Justices,  Attorney,  and  Marshal  shall  be 
nominated,  and,  by  and  with  the  advice  and  consent  of  the  Senate, 
appointed  b}"  the  President  of  the  United  States.  The  Governor  and 
Secretary  to  be  appointed  as  aforesaid  shall,  before  they  act  as  such, 
respective^  take  an  oath  or  affirmation  before  the  District  Judge  ov 
some  Justice  of  the  Peace  in  the  limits  of  said  Territory,  duly  tuithor- 
ized  to  administer  oaths  and  affirmations  by  the  laws  now  in  force 
therein,  or  before  the  Chief  Justice,  or  some  Associate  Justice  of  the 
Supreme  Court  of  the  United  States,  to  support  the  Constitution  of 
the  United  States,  and  faithfully  to  discharge  the  duties  of  their 
respective  offices,  which  said  oaths,  when  so  taken,  shall  be  certified  by 
the  person  by  Avhom  the  same  shall  have  been  taken;  and  such  certifi- 
cate shall  be  received  and  recorded  by  the  said  Secretary  among  the 
Executive  proceedings;  and  the  Chief  Justice  and  Associate  Justices, 
and  all  other  civil  officers  in  said  Territory,  before  they  act  as  such, 
shall  take  a  like  oath  or  affirmation  before  the  said  Governor  or  Secre- 
tary, or  some  Judge  or  Justice  of  the  Peace  of  the  Territory,  who  may 
be  duly  commissioned  and  qualified,  Avhicli  said  oath  or  affirmation 
shall  be  certified  and  transmitted  by  the  person  taking  the  same  to  the 
Secretary,  to  be  by  him  recorded  as  aforesaid:  and,  afterwards,  the 
like  oath  or  affirmation  shall  be  taken,  certified,  and  recorded  in  such 
manner  and  form  as  may  be  prescribed  by  laAv.  The  Governor  shall 
receive  an  annual  salary  of  two  thousand  five  hundred  dollars.  The 
Chief  Justice  and  Associate  Justices  shall  each  receive  an  annual  salary 
of  two  thousand  dollars.  The  Secretary  shall  receive  an  annual  salary 
of  two  thousand  dollars.  The  said  salaries  shall  be  paid  quarter- 
yearlj'^,  from  the  dates  of  the  respective  appointments,  at  the  Treasury 
of  the  United  States;  but  no  such  payment  shall  be  made  until  said 
officers  shall  have  entered  upon  the  duties  of  their  respecti^-e  appoint- 
ments. The  members  of  the  Legislative  Assembly  shall  be  entitled  to 
receive  three  dollars  each  per  day  during  their  attendance  at  the  ses- 
sions thereof,  and  three  dollars  each  for  every  twenty  miles'  travel  in 


Kansas — 18S4  1167 

going  to  and  returning  from  the  said  sessions,  estimated  according  to 
the  nearest  nsiialh^  traveled  route;  and  an  additional  allowance  of 
three  dollars  shall  be  paid  to  the  presiding  officer  of  each  house  for 
each  day  he  shall  so  preside.  And  a  chief  clerk,  one  assistant  clerk,  a 
sergeant-at-arms,  and  door-keeper  may  be  chosen  for  each  house ;  and 
the  chief  clerk  shall  receive  four  dollars  per  day,  and  the  said  other 
officers  three  dollars  per  day,  during  the  session  of  the  Legislative 
Assembly;  but  no  other  officers  shall  be  paid  by  the  United  States: 
Prodded,  That  there  shall  be  but  one  session  of  the  Legislature 
annually,  unless,  on  an  extraordinary  occasion,  the  Governor  shall 
think  proper  to  call  the  Legislature  together.  There  shall  be  appro- 
priated, annually,  the  usual  sum,  to  be  expended  by  the  (xovernor,  to 
defray  the  contingent  expenses  of  the  Territorj-,  including  the  salary 
of  a  clerk  of  the  Executive  Department ;  and  there  shall  also  be  appro- 
priated, annually,  a  sufficient  sum  to  be  expended  by  the  Secretary  of 
the  Territorj^,  and  upon  an  estimate  to  be  made  by  the  Secretary  of 
the  Treasury  of  the  United  States,  to  defray  the  expenses  of  the  Legis- 
lative Assembly,  the  printing  of  the  laws,  and  other  incidental 
expenses;  and  the  Governor  and  Secretary  of  the  Territory  shall,  in 
the  disbursement  of  all  moneys  intrusted  to  them,  be  governed  solely 
by  the  instructions  of  the  Secretary  of  the  Treasury  of  the  L^nited 
States,  and  shall,  semi-annually,  account  to  the  said  Secretary  for  the 
manner  in  which  the  aforesaid  monej's  shall  have  been  expended;  and 
no  expenditure  shall  be  made  by  said  Legislative  Assembly  for  objects 
not  specialh^  authorized  by  the  acts  of  Congress  making  the  appro- 
priations, nor  beyond  the  sums  thus  appropriated  for  such  objects. 

Sec.  13.  And  he  it  further  enaeted.  That  the  Legislative  Assembly  of 
the  Territory  of  Nebraska  shall  hold  its  first  session  at  such  time  and 
place  in  said  Territory  as  the  Governor  thereof  shall  appoint  and 
direct ;  and  at  said  first  session,  or  as  soon  thereafter  as  they  shall 
deem  expedient,  the  Governor  and  Legislative  Assembly  shall  pro- 
ceed to  locate  and  establish  the  seat  of  government  for  said  Territory 
at  such  place  as  they  may  deem  eligible ;  which  place,  however,  shall 
thereafter  be  subject  to  be  changed  by  the  said  Governor  and  Legis- 
lative Assembly. 

Sec.  14.  And  he  it  further  enacted^  That  a  Delegate  to  the  House  of 
Eepresentatives  of  the  United  States,  to  serve  for  the  term  of  two 
years,  who  shall  be  a  citizen  of  the  United  States,  may  be  elected  by 
the  voters  qualified  to  elect  members  of  the  Legislative  Assembly,  who 
shall  be  entitled  to  the  same  rights  and  privileges  as  are  exercised  and 
enjoyed  by  the  Delegates  from  the  several  other  Territories  of  the 
United  States  to  the  said  House  of  Representatives,  but  the  Delegate 
first  elected  shall  hold  his  seat  only  during  the  term  of  the  Congress 
to  Avhich  he  shall  be  elected.  The  first  election  shall  be  held  at  such 
time  and  places,  and  be  conducted  in  such  manner  as  the  Governor 
shall  appoint  and  direct :  and  at  all  subsequent  elections  the  times, 
places,  and  manner  of  holding  the  elections  shall  be  prescribed  by 
law.  The  person  having  the  greatest  number  of  votes  shall  be 
declared  by  the  Governor  to  be  duly  elected,  and  a  certificate  thereof 
shall  be  given  accordingly.  That  the  Constitution  and  all  Laws  of 
the  United  States  which  are  not  locally  inapplicable,  shall  have  the 
same  force  and  effect  within  the  said  Territory  of  Nebraska  as  else- 
where within  the  Ignited  States,  except  the  eighth  section  of  the  act 


1168  Kansas— 18r4 

preparatory  to  the  admission  of  Missouri  into  the  Union,  approved 
March  sixth,  eighteen  hundred  and  twenty,  which,  being  inconsistent 
with  the  principle  of  non-intervention  by  Congress  with  slavery  in 
the  States  and  Territories,  as  recognized  by  the  legislation  of  eighteen 
hundred  and  fifty,  commonly  called  the  compromise  measures,  is 
hereby  declared  inoperative  and  void;  it  being  the  true  intent  and 
meaning  of  this  act  not  to  legislate  slavery  into  any  Territory  or 
State,  nor  to  exclude  it  therefrom,  but  to  leave  the  people  thereof  per- 
fectW  free  to  form  and  regulate  their  domestic  institutions  in  their 
OAvn  way,  subject  only  to  the  Constitution  of  the  United  States:  Fro- 
inded,  That  nothing  herein  contained  shall  be  construed  to  revive  or 
put  in  force  any  law  or  regulation  which  may  have  existed  prior  to 
the  act  of  sixth  March,  eighteen  hundred  and  twenty,  either  ]:)ro- 
tecting,  establishing,  prohibiting,  or  abolishing  slavery. 

Sec.  15.  And  he  it  further  enacted.,  That  there  shall  hereafter  be 
appropriated,  as  has  been  customary  for  the  Territorial  governments, 
a  sufficient  amount  to  be  expended  under  the  direction  of  the  said 
Governor  of  the  Territory  of  Nebraska,  not  exceeding  the  sums  here- 
tofore appropriated  for  similar  objects,  for  the  erection  of  suitable 
public  buildings  at  the  seat  of  government,  and  for  the  purchase  of  a 
library,  to  be  kept  at  the  seat  of  government  for  the  use  of  the  Gov- 
ernor, Legislative  Assembly,  Judges  of  the  Supreme  Court,  Secretary, 
Marshal,  and  Attorney  of  said  Territor}^,  and  such  other  persons,  and 
under  such  regulations,  as  shall  be  prescribed  by  law. 

Sec.  16.  And  he  it  further  enacted^  That  when  the  lands  in  the  said 
Territory  shall  be  surveyed  under  the  direction  of  the  government  of 
the  United  States,  preparatory  to  bringing  the  same  into  market,  sec- 
tions numbered  sixteen  and  thirty-six  in  each  township  in  said  Terri- 
tory shall  l)e,  and  the  same  are  hereby,  reserved  for  the  purpose  of 
beiiig  applied  to  schools  in  said  Territory,  and  in  the  States  and 
Territories  hereafter  to  be  erected  out  of  the  same. 

Sec.  17.  And  he  it  further  enacted..  That,  until  otherwise  provided 
by  law,  the  Governor  of  said  Territory  may  define  the  Judicial  Dis- 
tricts of  said  Territory,  and  assign  the  judges  who  may  be  appointed 
for  said  Territory  to  the  several  districts ;  and  also  appoint  the  times 
and  places  for  holding  courts  in  the  several  counties  or  subdivisions 
in  each  of  said  Judicial  Districts  by  proclamation,  to  be  issued  by 
him;  but  the  Legislative  Assembly,  at  their  first  or  any  subsequent 
session,  may  organize,  alter,  or  modify"  such  judicial  districts,  and 
assign  the  judges,  and  alter  the  times  and  places  of  holding  the 
courts,  as  to  them  shall  seem  proper  and  convenient. 

Sec.  18.  And  he  it  further  enacted.,  That  all  officers  to  be  api:)ointed 
bj^  the  President,  by  and  with  the  advice  and  consent  of  the  Senate, 
for  the  Territorj^  of  Nebraska,  who,  by  virtue  of  the  provisions  of  any 
law  now  existing,  or  which  may  be  enacted  during  the  present  Con- 
gress, are  required  to  give  security  for  moneys  that  may  be  intrusted 
with  them  for  disbursement,  shall  give  such  security,  at  such  time  and 
place,  and  in  such  manner,  as  the  Secretary  of  the  Treasury  may 
prescribe. 

Sec.  19.  And  he  it  further  enacted.,  That  all  that  part  of  the  Terri- 
tory of  the  United  States  included  within  the  following  limits,  except 
such  portions  thereof  as  are  hereinafter  expressly  exempted  from  the 
operations  of  this  act,  to  wit,  beginning  at  a  point  on  the  western 


Kansas— 1854  1169 

boundary  of  the  State  of  Missouri,  where  the  thirty-seventh  parallel 
of  north  latitude  crosses  the  same;  thence  west  on  said  parallel  to 
the  eastern  boundary  of  New  Mexico ;  thence  north  on  said  boundary 
to  latitude  thirty-eight ;  thence  following  said  boundary  westward 
to  the  east  boundary  of  the  Territor}^  of  Utah,  on  the  summit  of  the 
Rocky  Mountains;  thence  northward  on  said  summit  to  the  fortieth 
parallel  of  latitude;  thence  east  on  said  parallel  to  the  western  bound- 
ary of  the  State  of  Missouri ;  thence  south  with  the  western  boundary 
of  said  State  to  the  place  of  beginning,  be,  and  the  same  is  hereby, 
created  into  a  temporary  government  by  the  name  of  the  Territory  of 
Kansas;  and  when  admitted  as  a  State  or  States,  the  said  Territor}^, 
or  any  portion  of  the  same,  shall  be  received  into  the  Union  Avith  or 
w^ithout  slavery,  as  their  constitution  may  prescribe  at  the  time  of 
their  admission:  Provided^  That  nothing  in  this  act  contained  shall 
be  construed  to  inhibit  the  government  of  the  United  States  from 
dividing  said  Territory  into  two  or  more  Territories,  in  such  manner 
and  at  such  times  as  Congress  shall  deem  convenient  and  proper,  or 
from  attaching  any  portion  of  said  Territory  to  any  other  State  or 
Territory  of  the  United  States:  Pro  rid  ed  further.  That  nothing  in 
this  act  contained  shall  be  construed  to  impair  the  rights  of  person  or 
property  now  pertaining  to  the  Indians  in  said  Territory,  so  long  as 
such  rights  shall  remain  unextinguished  b}''  treaty  between  the  United 
States  and  such  Indians,  or  to  include  any  territory  which,  by  treaty 
with  any  Indian  tribe,  is  not,  without  the  consent  of  said  tribe,  to 
be  included  within  the  territorial  limits  or  jurisdiction  of  any  State 
or  Territory;  but  all  such  territory  shall  be  excepted  out  of  the 
boundaries,  and  constitute  no  part  of  the  Territory  of  Kansas,  until 
said  tribe  shall  signify  their  assent  to  the  President  of  the  United 
States  to  be  included  within  the  said  Territory  of  Kansas,  or  to  affect 
the  authority  of  the  government  of  the  United  States  to  make  any 
regulation  respecting  such  Indians,  their  lands,  property,  or  other 
rights,  by  treaty,  law,  or  otherwise,  which  it  would  have  been  compe- 
tent to  the  government  to  make  if  this  act  had  neA^er  passed. 

Sec.  20.  And  he  it  further  enacted^  That  the  executive  power  and 
authority  in  and  over  said  Territory  of  Kansas  shall  be  vested  in  a 
Governor,  who  shall  hold  his  office  for  four  years,  and  until  his  suc- 
cessof  shall  be  appointed  and  qualified,  unless  sooner  removed  by  the 
President  of  the  United  States.  The  Governor  shall  reside  within 
said  Territory,  and  shall  be  commander-in-chief  of  the  militia  thereof. 
He  may  grant  pardons  and  respites  for  offences  against  the  laws  of 
said  Territory,  and  reprieves  for  offences  against  the  laws  of  the 
United  States,  until  the  decision  of  the  President  can  be  made  knoAvn 
thereon ;  he  shall  commission  all  officers  who  shall  be  appointed  to 
office  under  the  laws  of  the  said  Territory,  and  shall  take  care  that 
the  laws  be  faithfully  executed. 

Sec.  21.  And  he  it  further  enacted.  That  there  shall  be  a  Secretary 
of  said  Territory,  who  shall  reside  therein,  and  hold  his  office  for  five 
years,  unless  sooner  removed  by  the  President  of  the  United  States; 
he  shall  record  and  preserve  all  the  laws  and  proceedings  of  the  Leg- 
islative Assembly  hereinafter  constituted,  and  all  the  acts  and  pro- 
ceedings of  the  Governor  in  his  Executive  Department ;  he  shall  trans- 
mit one  copy  of  the  laws  and  journals  of  the  Legislative  Assembly 
within  thirty  days  after  the  end  of  each  session,  and  one  copy  of  the 


1170  Kansas — 1854 

executive  proceedings  and  official  correspondence  semi-anniialh%  on 
the  first  days  of  January  and  July  in  each  year,  to  the  President  of 
the  United  States,  and  two  copies  of  the  laws  to  the  President  of  the 
Senate  and  to  the  Speaker  of  the  Plouse  of  Representatives,  to  be 
def)osited  in  the  libraries  of  Congress;  and,  in  case  of  the  death, 
removal,  resignation,  or  absence  of  the  Governor  from  the  Territory, 
the  Secretary  shall  be,  and  he  is  hereby,  authorized  and  required  to 
execute  and  perform  all  the  powers  and  duties  of  the  Governor  during 
such  vacancy  or  absence,  or  until  another  Governor  shall  Ix'  duly 
appointed  and  qualified  to  fill  such  vacancy. 

Sec.  22.  And  he  it  further  enacted^  That  the  legislative  power  and 
authority  of  said  Territory  shall  be  vested  in  the  (xovernor  and  a  Leg- 
islative Assembly.  The  Legislative  Assembly  shall  consist  of  a  Coun- 
cil and  House  of  Representatives.  The  Council  shall  consist  of  thir- 
teen members,  having  the  qualifications  of  voters,  as  hereinafter  pre- 
scribed, whose  term  of  service  shall  continue  two  years.  The  House  of 
Representatives  shall,  at  its  first  session,  consist  of  twenty-six  mem- 
bers, possessing  the  same  qualifications  as  prescribed  for  members  of 
the  Council,  and  whose  term  of  service  shall  continue  one  year.  The 
number  of  Representatives  may  be  increased  by  the  Legislative  Assem- 
bly, from  time  to  time,  in  proportion  to  the  increase  of  qualified 
voters:  Provided^  That  the  whole  number  shall  never  exceed  thirty- 
nine.  An  apportionment  shall  be  made,  as  nearly  equal  as  practica- 
ble, among  the  several  counties  or  districts,  for  the  election  of  the 
Council  and  Representatives,  giving  to  each  section  of  the  Territory 
representation  in  the  ratio  of  its  qualified  voters  as  nearlj'^  as  may  be. 
And  the  members  of  the  Council  and  of  the  House  of  Representatives 
shall  reside  in,  and  be  inhabitants  of,  the  district  or  county  or  counties 
for  which  they  may  be  elected,  respectivel3^  Previous  to  the  first 
election,  the  Governor  shall  cause  a  census  or  enumeration  of  the 
inhabitants  and  qualified  voters  of  the  several  counties  and  districts 
of  the  Territory',  to  be  taken  by  such  persons  and  in  such  mode  as 
the  Governor  shall  designate  and  appoint ;  and  the  persons  so  ap- 
pointed shall  receive  a  reasonable  compensation  therefor.  And  the 
first  election  shall  be  held  at  such  time  and  places,  and  be  conducted 
in  such  manner,  both  as  to  the  persons  who  shall  superintend  such 
election  and  the  returns  thereof,  as  the  Governor  shall  appoint  and 
direct ;  and  he  shall  at  the  same  time  declare  the  number  of  members 
of  the  Council  and  House  of  Representatives  to  which  each  of  the 
counties  or  districts  shall  be  entitled  under  this  act.  The  persons 
having  the  highest  number  of  legal  votes  in  each  of  said  Council  Dis- 
tricts for  members  of  the  Council,  shall  be  declared  by  the  Governor 
to  be  duly  elected  to  the  Council ;  and  the  persons  having  the  highest 
number  of  legal  votes  for  the  House  of  Representatives  shall  be  de- 
clared by  the  Governor  to  be  duly  elected  members  of  said  house: 
Provided^  That  in  case  two  or  more  persons  voted  for  shall  have 
an  equal  number  of  votes,  and  in  case  a  vacancy  shall  otherwise  occur 
in  either  branch  of  the  Legislative  Assembly,  the  Governor  shall  order 
a  new  election ;  and  the  person  thus  elected  to  the  LegislatiA'e  Assem- 
bly shall  meet  at  such  place  and  on  such  day  as  the  Governor  shall 
appoint ;  but  thereafter,  the  time,  place,  and  manner  of  holding  and 
conducting  all  elections  by  the  people,  and  the  apportioning  the  rep- 
resentation in  the  several  counties  or  districts  to  the  Council  and  House 


Kansas — 1S54  1171 

of  Representatives,  according  to  the  number  of  qnalified  voters,  shall 
be  prescribed  b}^  law,  as  well  as  the  day  of  the  commencement  of  the 
regular  sessions  of  the  Legislative  Assembly :  Provided,  That  no  ses- 
sion in  any  one  year  shall  exceed  the  term  of  forty  clays,  except  the 
first  session,  which  may  continue  sixty  days. 

Sec.  23.  And  he  it  further  enacted,  That  every  free  white  male 
inhabitant  aboA^e  the  age  of  twenty-one  j^ears,  who  shall  be  an  actual 
resident  of  said  Territor}^,  and  shall  possess  the  qualifications  herein- 
after i^rescribed,  shall  be  entitled  to  vote  at  the  first  election,  and  shall 
be  eligible  to  any  office  within  the  said  Territor}^;  but  the  qualifica- 
tions of  voters,  and  of  holding  office,  at  all  subsequent  elections,  shall 
be  such  as  shall  be  prescribed  by  the  legislative  assembly:  Prorided, 
That  the  right  of  suffrage  and  of  holding  office  shall  be  exercised 
only  by  citizens  of  the  United  States,  and  those- who  shall  have 
declared,  on  oath,  their  intention  to  become  such,  and  shall  have  taken 
an  oath  to  support  the  Constitution  of  the  United  States  and  the  pro- 
visions of  this  act :  And  provided  further,  That  no  officer,  soldier,  sea- 
man, or  marine,  or  other  j^erson  in  the  army  or  navy  of  the  United 
States,  or  attached  to  troops  in  the  service  of  the  T't^nited  States,  shall 
be  allowed  to  vote  or  hokl  office  in  said  Territory  by  reason  of  being 
on  service  therein. 

Sec.  24.  And  he  it  further  enacted,  That  the  legislative  power  of 
the  Territory  shall  extend  to  all  rightful  subjects  of  legisLation  con- 
sistent with  the  Constitution  of  the  United  States  and  the  provisions 
of  this  act;  but  no  law  shall  be  passed  interfering  with  the  primary 
disposal  of  the  soil ;  no  tax  shall  be  imposed  upon  the  property  of  the 
United  States;  nor  shall  the  lands  or  other  property  of  non-residents 
be  taxed  higher  than  the  lands  or  other  property  of  residents.  Every 
l)ill  which  shall  have  passed  the  Council  and  House  of  Representatives 
of  the  said  Territory  shall,  before  it  become  a  law,  be  ])resented  to  the 
Governor  of  the  Teritory;  if  he  approve,  he  shall  sign  it;  but  if  not, 
he  shall  return  it  with  his  objections  to  the  house  in  which  it  orig- 
inated, who  shall  enter  the  objections  at  large  on  their  journal,  and 
proceed  to  reconsider  it.  If,  after  such  reconsideration,  two-thirds  of 
that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  Avith 
the  objections,  to  the  other  house,  by  Avhich  it  shall  likcAvise  be  recon- 
sidered, and,  if  approved  by  two-thirds  of  that  house,  it  shall  become 
a  law.  But  in  all  such  cases  the  votes  of  both  houses  shall  be  deter- 
mined by  yeas  and  nays,  to  be  entered  on  the  journal  of  each  house, 
respectively.  If  any  bill  shall  not  be  returned  by  the  governor  Avithin 
three  days  (Sundays  excepted)  after  it  shall  haA^e  been  presented  to 
him,  the  same  shall  be  a  laAv  in  like  manner  as  if  he  had  signed  it, 
unless  the  Assembly,  by  adjournment,  prevent  its  return,  in  Avhich 
case  it  shall  not  be  a  law. 

Sec.  25.  And  he  it  further  enacted.  That  all  toAvnship,  district,  and 
county  officers,  not  herein  otherAvise  provided  for,  shall  be  ai)pointed 
or  elected  as  the  case  may  be,  in  such  manner  as  shall  be  pi'ovided  by 
the  Governor  and  Legislative  Assembly  of  the  Territory  of  Kansas. 
The  GoA'ernor  shall  nominate,  and,  by  and  with  the  advice  and  consent 
of  the  Legislative  Council,  appoint  all  officers  not  herein  otherAvise 
provided  for;  and,  in  the  first  instance,  the  Governor  alone  may 
appoint  all  said  officers,  Avho  shall  hold  their  offices  until  (he  end  of 
the  first  session  of  the  Legislative  Assembly;  and  shall  lay  off  the 


1172  Kansas— 1854 

necessary  districts  for  members  of  ilic  ('oiincil  and  House  of  Repre- 
sentatives, and  all  other  officers. 

8ec.  26.  xind  he  it  fnrtlicr  enacted^  That  no  member  of  the  Legis- 
lative Assembly  shall  hold,  or  be  appointed  to,  any  office  which  shall 
have  been  created,  or  the  salary  or  emoluments  of  which  shall  have 
been  increased,  while  he  was  a  member,  during  the  term  for  which 
he  was  elected,  and  for  one  year  after  the  expiration  of  such  term; 
but  this  restriction  shall  not  be  applicable  to  members  of  the  first 
Legislative  Assembly;  and  no  person  holding  a  commission  or  ap- 
pointment under  the  United  States,  except  postmasters,  shall  be  a 
member  of  the  Legislative  Assembly,  or  shall  hold  any  office  under  the 
government  of  said  Territory. 

Sec.  27.  And  he  it  further  enacted^  That  the  judicial  power  of  said 
Territory  shall  be  vested  in  a  supreme  court,  district  courts,  probate 
courts,  and  in  justices  of  the  peace.  The  Supreme  Court  shall  con- 
sist of  a  chief  justice  and  two  associate  justices,  any  two  of  whom 
shall  constitute  a  quorum,  and  who  shall  hold  a  term  at  the  seat  of 
government  of  said  Territory  annually;  and  they  shall  hold  their 
offices  during  the  period  of  four  years,  and  until  their  successors 
shall  be  appointed  and  qualified.  The  said  Territor}^  shall  be 
divided  into  three  judicial  districts,  and  a  district  court  shall  be 
held  in  each  of  said  districts  by  one  of  the  justices  of  the  Supreme 
Court,  at  such  times  and  places  as  may  be  prescribed  by  law;  and 
the  said  judges  shall,  after  their  appointments,  respectively,  reside  in 
the  districts  which  shall  be  assigned  them.  The  jurisdiction  of  the 
several  courts  herein  provided  for,  both  appellate  and  original,  and 
that  of  the  probate  courts  and  of  justices  of  the  peace,  shall  be  as 
limited  by  law:  Proiiided.,  That  justices  of  the  peace  shall  not  have 
jurisdiction  of  any  matter  in  controversy  when  the  title  or  bound- 
aries of  land  may  be  in  dispute,  or  where  the  debt  or  sum  claimed 
shall  exceed  one  hundred  dollars;  and  the  said  supreme  and  dis- 
trict courts,  respectively,  shall  possess  chancery  as  well  as  common- 
law^  jurisdiction.  Each  District  Court,  or  the  judge  thereof,  shall 
aj)point  its  clerk,  who  shall  also  be  the  register  in  chancery,  and  shall 
keep  his  office  at  the  place  where  the  court  may  be  held.  "Writs  of 
error,  bills  of  exception,  and  appeals  shall  be  allowed  in  all  cases 
from  the  final  decisions  of  said  district  courts  to  the  Supreme  Court, 
under  such  regulations  as  may  be  prescribed  by  law;  but  in  no  case 
removed  to  the  Supreme  Court  shall  trial  by  jury  be  allowed  in  said 
court.  The  Supreme  Court,  or  the  justices  thereof,  shall  appoint  its 
own  clerkj  and  every  clerk  shall  hold  his  office  at  the  pleasure  of  the 
court  for  which  he  shall  have  been  appointed.  Writs  of  error,  and 
appeals  from  the  final  decisions  of  said  supreme  court,  shall  be 
allowed,  and  may  be  taken  to  the  Su])reme  Court  of  the  United 
States,  in  the  same  manner  and  under  the  same  regulations  as  from 
the  Circuit  Courts  of  the  United  States,  where  the  value  of  the  prop- 
erty, or  the  amount  in  controversy,  to  be  ascertained  by  the  oath  or 
affirmation  of  either  party,  or  other  competent  witness,  shall  exceed 
one  thousand  dollars;  except  only  that  in  all  cases  involving  title 
to  slaves,  the  said  writs  of  error  or  appeals  shall  be  allowed  and 
decided  by  said  supreme  court,  without  regard  to  the  value  of  the 
matter,  property,  or  title  in  controversy ;  and  except  also  that  a  writ 
of  error  or  appeal  shall  also  be  allowed  to  the  Supreme  Court  of  the 


Kansas— 1854  1173 

United  States,  from  the  decision  of  the  said  supreme  court  created 
by  this  act,  or  of  any  judge  thereof,  or  of  the  district  courts  cre- 
ated by  this  act,  or  of  any  judge  thereof,  upon  any  writ  of  habeas 
corpus,  involving  the  question  of  personal  freedom:  Prorided^  That 
nothing  herein  contained  shall  be  construed  to  apply  to  or  affect  the 
provisons  of  the  '*  act  respecting  fugitives  from  justice,  and  persons 
escaping  from  the  service  of  their  masters,"  approved  February 
twelfth,  seventeen  hundred  and  ninety-three,  and  the  "  act  to  amend 
and  supplementary  to  the  aforesaid  act,"  approved  September  eight- 
eenth, eighteen  hundred  and  fifty ;  and  each  of  the  said  district 
courts  shall  have  and  exercise  the  same  jurisdiction  in  all  cases  aris- 
ing under  the  Constitution  and  laws  of  the  United  States  as  is  vested 
in  the  Circuit  and  District  Courts  of  the  United  States;  and  the  said 
supreme  and  district  courts  of  the  said  Territory,  and  the  respective 
judges  thereof,  shall  and  may  grant  writs  of  habeas  corpus  in  all 
cases  in  whicli.  the  same  are  granted  by  the  judges  of  the  United 
States  in  the  District  of  Columbia ;  and  the  first  six  days  of  every 
term  of  said  courts,  or  so  much  thereof  as  may  be  necessary,  shall  be 
appropriated  to  the  trial  of  causes  arising  under  the  said  Constitution 
and  laws,  and  writs  of  error  and  appeal  in  all  such  cases  shall  be 
made  to  the  Suj^reme  Court  of  said  Territory,  the  same  as  in  other 
cases.  The  said  clerk  shall  receive  the  same  fees  in  all  such  cases 
which  the  clerks  of  the  district  courts  of  Utah  Territory  now  receive 
for  similar  services. 

Sec.  28.  And  he  it  further'  enacted^  That  the  jjrovisions  of  the  act 
entitled  "xVn  act  respecting  fugitives  from  justice,  and  persons  escap- 
ing from  the  service  of  their  masters,"  approved  February  twelfth, 
seventeen  hundred  and  ninety-three,  and  the  provisions  of  the  act 
entitled  "An  act  to  amend  and  supplementary  to  the  aforesaid  act," 
approved  September  eighteenth,  eighteen  hundred  and  fifty,  be.  and 
the  same  are  hereby,  declared  to  extend  to  and  be  in  full  force  within 
the  limits  of  the  said  Territory  of  Kansas. 

Sec.  29.  And  he  it  further  enacted^'  TlvAt  there  shall  be  appointed 
an  attorney  for  said  Territory,  who  shall  continue  in  office  for  four 
years,  and  until  his  successor  shall  be  appointed  and  qualified,  unless 
sooner  removed  by  the  President,  and  who  shall  receive  the  same 
fees  and  salary  as  the  Attorney  of  the  United  States  for  the  present 
Territory  of  Utah.  There  shall  also  be  a  marshal  for  the  Territory 
appointed,  who  shall  hold  his  office  for  four  years,  and  until  his 
successor  shall  be  appointed  and  qualified,  unless  sooner  removed  b}'' 
the  President,  and  who  shall  execute  all  processes  issuing  from  the 
said  courts  when  exercising  their  jurisdiction  as  Circuit  and  District 
Courts  of  the  United  States;  he  shall  perform  the  duties,  be  subject 
to  the  same  regulations  and  penalties,  and  be  entitled  to  the  same  fees 
as  the  Marshal  of  the  District  Court  of  the  United  States  for  the 
present  Territory  of  Utah,  and  shall,  in  addition,  be  paid  two  hun- 
dred dollars  annually  as  a  compensation  for  extra  services. 

Sec.  30.  And  he  it  further  enacted^  That  the  Governor,  Secretary, 
Chief  Justice,  and  Associate  Justices,  Attorne}^,  and  Marshal  shall  be 
nominated,  and,  by  and  with  the  advice  and  consent  of  the  Senate, 
appointed,  by  the  President  of  the  United  States.  The  Governor  and 
Secretary  to  be  appointed  as  aforesaid  shall,  before  they  act  as  such, 
respectively  take  an  oath  or  affirmation  before  the  district  judge  or 


1174  Kansas — 18.54 

some  justice  of  the  peace  in  the  limits  of  said  Territory,  duly  author- 
ized to  administer  oaths  and  afiirmations  by  the  hnvs  now  in  force 
therein,  or  before  the  Chief  Justice  or  some  Associate  Justi(;e  of  the 
Supreme  Court  of  the  United  States,  to  support  the  Constitution  of 
the  United  States,  and  faithfully  to  discharge  the  duties  of  their 
respective  offices,  Avhich  said  oaths,  when  so  taken,  shall  be  certified 
by  the  person  by  Avhom  the  same  shall  have  been  taken ;  and  such  cer- 
tificates shall  be  received  and  recorded  by  the  said  secretary  among 
the  executive  proceedings;  and  the  Chief  Justice  and  Associate  Jus- 
tices, and  all  other  civil  officers  in  said  Territory,  before  they  act  as 
such,  shall  take  a  like  oath  or  affirmation  before  the  said  (Tovernor 
or  Secretary,  or  some  Judge  or  Justice  of  the  Peace  of  the  Tei-ritory 
who  may  be  duly  commissioned  and  qualified,  which  said  oath  or 
affirmation  shall  be  certified  and  transmitted  by  the  person  taking 
the  same  to  the  Secretary,  to  be  by  him  recorded  as  aforesaid;  and, 
afterward,  the  like  oath  or  affirmation  shall  be  taken,  certified,  ancl 
recorded,  in  such  manner  and  form  as  may  be  prescribed  by  law. 
The  Governor  shall  receive  an  annual  salar}^  of  two  thousand  five 
hundred  dollars.  The  Chief  Justice  and  Associate  Justices  shall  re- 
ceive an  annual  salary  of  two  thousand  dollars.  The  Secretary  shall 
receive  an  annual  salary  of  two  thousand  dollars.  The  said  sal- 
aries s^iall  be  paid  quarter-yearly,  from  the  dates  of  the  respective 
appointments,  at  the  Treasury  of  the  United  States;  but  no  such 
payment  shall  be  made  until  said  officers  shall  have  entered  upon  the 
duties  of  their  respective  appointments.  The  members  of  the  Legis- 
lative Assembly  shall  be  entitled  to  receive  tliree  dollars  each  per  day 
during  their  attendance  at  the  sessions  thereof,  and  three  dollars  each 
for  every  twenty  miles'  travel  in  going  to  and  returning  from  the  said 
sessions,  estimated  according  to  the  nearest  usually  traveled  route; 
and  an  additional  allowance  of  three  dollars  shall  be  paid  to  the 
]3residing  officer  of  each  house  for  each  day  he  shall  so  preside.  And 
a  chief  clerk,  one  assistant  clerk,  a  sergeant-at-arms,  and  door-keeper 
may  be  chosen  for  each  house;  and  the  chief  clerk  shall  receive  four 
dollars  per  day,  and  the  said  other  officers  three  dollars  per  day, 
during  the  session  of  the  Legislative  Assembly ;  but  no  other  officers 
shall  be  paid  by  the  United  States:  Provided,  That  there  shall  be 
but  one  session  of  the  Legislature  annually,  unless,  on  an  extraor- 
dinary occasion,  the  Governor  shall  think  proper  to  call  the  Legisla- 
ture together.  There  shall  be  appropriated,  annually,  the  usual  sum, 
to  be  expended  by  the  Governor,  to  defray  the  contingent  expenses  of 
the  Territory,  including  the  salarj^  of  a  clerk  of  the  Executive  Depart- 
ment; and  there  shall  also  be  appropriated,  annually,  a  sufficient 
sum,  to  be  expended  by  the  secretary  of  the  Territory,  and  upon  an 
estimate  to  be  made  by  the  Secretary  of  the  Treasury  of  the  United 
States,  to  defray  the  exj^enses  of  the  Legislative  Assembly,  the  print- 
ing of  the  laws,  and  other  incidental  expenses;  and  the  Governor  and 
Secretary  of  the  Territory  shall,  in  the  disbursement  of  all  moneys 
intrusted  to  them,  be  governed  solely  by  the  instructions  of  the  Sec- 
retary of  the  Treasury  of  the  United  States,  and  shall,  semiannually, 
account  to  said  secretary  for  the  manner  in  Avhich  the  aforesaid 
moneys  shall  have  been  expended ;  and  no  expenditure  shall  be  made 
by  said  Legislative  Assembly  for  objects  not  specially  authorized  by 
the  acts  of  Congress  making  the  appropriations,  nor  beyond  the  sums 
thus  appropriated  for  such  objects. 


Kansas— 1854  1175 

Sec.  31.  And  he  it  fiirtJiei'  enacted.,  That  the  seat  of  government  of 
said  Territory  is  hereby  located  temporarily  at  Fort  Leayenworth; 
and  that  such  portions  of  the  public  buildings  as  may  not  be  actually 
used  and  needed  for  military  purposes  may  be  occupied -and  used, 
under  the  direction  of  the  Goyernor  and  Legislatiye  Assembly,  for 
such  public  purposes  as  may  be  required  under  the  proyisions  of  this 
act. 

Sec.  32.  And  he  it  further  enacted.,  That  a  Delegate  to  the  House 
of  Representatives  of  the  United  States,  to  serA^e  for  the  term  of  t>yo 
years,  who  shall  be  a  citizen  of  the  United  States,  may  be  elected  by 
the  A'oters  qualified  to  elect  members  of  the  Legislative  Assembly,  who 
shall  be  entitled  to  the  same  rights  and  privileges  as  are  exercised  and 
enjoyed  by  the  Delegates  from  the  several  other  Territories  of  the 
ITnited  States  to  the  said  House  of  Representatives,  but  the  Delegate 
first  elected  shall  hold  his  seat  only  during  the  term  of  the  Congress  to 
which  he  shall  be  elected.  The  first  election  shall  be  held  at  such 
time  and  places,  and  be  conducted  in  such  manner,  as  the  Governor 
shall  appoint  and  direct;  and  at  all  subsequent  elections  the  times, 
places,  and  manner  of  holding  the  elections  shall  be  prescribed  by 
law.  The  person  having  the  greatest  number  of  votes  shall  be  de- 
clared b}^  the  Governor  to  be  duly  elected,  and  a  certificate  thereof 
shall  be  given  accordingl3\  That  the  Constitution  and  all  laws  of 
the  United  States  which  are  not  locally  inapplicable  shall  have  the 
same  force  and  effect  within  the  said  Territory  of  Kansas  as  else- 
where within  the  United  States,  except  the  eighth  section  of  the  act 
l)reparatory  to  the  admission  of  Missouri  into  the  Union,  approved 
March  sixth,  eighteen  hundred  and  twenty,  Avhich,  being  inconsistent 
with  the  principle  of  non-intervention  by  Congress  with  slavery  in 
the  States  and  Territories,  as  recognized  by  the  legislation  of  eight- 
een hundred  and  fifty,  commonly  called  the  Compromise  Measures,  is 
hereby  declared  inoperative  and  void;  it  being  the  true  intent  and 
meaning  of  this  act  not  to  legislate  slavery  into  an}^  Territory  or 
State  nor  to  exclude  it  therefrom,  but  to  leave  the  people  thereof 
perfectly  free  to  form  and  regulate  their  domestic  institutions  in 
their  own  way,  subject  only  to  the  Constitution  of  the  United  States: 
Prodded.,  That  nothing  herein  contained  shall  be  construed  to  revive 
or  put  in  force  any  law  or  regulation  which  may  have  existed  prior 
to  the  act  of  sixth  of  March,  eighteen  hundred  and  twenty,  either 
protecting,  establishing,  prohibiting,  or  abolishing  slavery. 

Sec.  33.  And  he  it  further  enacted.,  That  there  shall  hereafter  be 
a^ipropriated,  as  has  been  customary  for  the  territorial  governments, 
a  sufficient  amount,  to  be  expended  under  the  direction  of  the  said 
(lovernor  of  the  Territory  of  Kansas,  not  exceeding  the  sums  hereto- 
fore appropriated  for  similar  objects,  for  the  erection  of  suitable 
buildings  at  the  seat  of  goAernment,  and  for  the  purchase  of  a  library, 
to  be  kept  at  the  seat  of  government  for  the  use  of  the  Governor, 
Legislative  Assembly,  Judges  of  the  Supreme  Court,  Secretary, 
Marshal,  and  Attorney  of  said  Territory,  and  such  other  persons, 
and  under  such  regulations  as  shall  be  i^rescribed  by  laAV. 

Sec.  34.  And  he  it  further  enacted^  That  when  the  lands  in  the  said 
Territory  shall  be  surveA^ed  under  the  direction  of  the  GoA'ernment  of 
the  United  States,  preparatory  to  bringing  the  same  into  market, 
sections  numbered  sixteen  and  thirty-six  in  each  township  in  said 
Territory  shall  be,  and  the  same  are  hereby,  reserA^ed  for  the  purpose 


1176  Kansas— 1861 

of  being  applic^d  to  schools  in  said  Territory,  and  in  the  States  and 
Territories  hereafter  to  be  erected  out  of  the  same. 

Sec.  35.  And  he  it  further  enacted^  Thai  nntil  otherwise  provided 
by  hiw,  tlie  Governor  of  said  Territory  may  define  the  Judicial  Dis- 
tricts of  said  Territory,  and  assign  the  judges  Avho  may  be  appointed 
for  said  Territory  to  the  several  districts;  and  also  appoint  the  times 
and  places  for  holding  courts  in  the  several  counties  or  subdivisions 
in  each  of  said  judicial  districts  by  proclamation,  to  be  issued  by 
him;  but  the  Legislative  Assembly,  at  their  first  or  any  subsequent 
session,  may  organize,  alter,  or  modify  such  judicial  districts,  and 
assign  the  judges,  and  alter  the  times  and  places  of  holding  the  courts 
as  to  them  shall  seem  proper  and  convenient. 

Sec.  36,  And  he  it  further  enaeted^  That  all  officers  to  be  appointed 
by  the  President,  by  and  with  the  advice  and  consent  of  the  Senate, 
for  the  Territory  of  Kansas,  who,  by  virtue  of  the  provisions  of  any 
law  now  existing,  or  which  may  be  enacted  during  the  present  Con- 
gress, are  required  to  give  security  for  moneys  that  may  be  intrusted 
with  them  for  disbursement,  shall  give  such  security  at  such  time  and 
place,  and  in  such  manner,  as  the  Secretary  of  the  Treasury  may 
prescribe. 

Sec,  37,  And  he  it  further  enacted^  That  all  treaties,  laws,  and 
other  engagements  made  by  the  government  of  the  United  States 
with  the  Indian  tribes  inhabiting  the  Territories  embraced  within 
this  act  shall  be  faithfully  and  rigidly  observed,  notwithstanding 
anything  contained  in  this  act;  and  that  the  existing  agencies  and 
superintendencies  of  said  Indians  be  continued  with  the  same  powers 
and  duties  which  are  now  prescribed  by  law,  except  that  the  President 
of  the  United  States  may,  at  his  discretion,  change  the  location  of  the 
office  of  superintendent. 

Approved,  May  30,  1854, 


ACT  FOE  THE  ADMISSION  OF  KANSAS— 1861 « 

[Thirty-sixth  Congress,  Second  Session] 
An  Act  for  the  Admission  of  Kansas  into  the  Union 

Whereas  the  people  of  the  Territory  of  Kansas,  by  their  representa- 
tives in  Convention  assembled,  at  AVyandott,  in  said  Territory,  on 
the  Twenty-ninth  day  of  July,  one  thousand  eight  hundred  and  fifty- 
nine,  did  form  for  themselves  a  constitution  and  State  government, 
republican  in  form,  which  was  ratified  and  adopted  by  the  people 
at  an  election  held  for  that  purpose  on  Tu.esday,  the  fourth  day  of 
October,  one  thousand  eight  hundred  and  fifty-nine,  and  the  said 
Convention  has,  in  their  name  and  behalf,  asked  the  Congress  of  the 
United  States  to  admit  the  said  Territory  into  the  Union  as  a  State, 
on  an  equal  footing  with  the  other  States :  Therefore 

Be  it  enacted  hy  the  Senate  and  House  of  Eeprese)itatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  State  of 
Kansas  shall  be,  and  is  hereby  declared  to  be,  one  of  the  United 

fl  See  also  an  act  to  provide  for  the  admission  of  tlie  State  of  Kansas  into  the 
Union  upon  certain  conditions.  May  4,  1858. 


Kansas— 1861  1177 

States  of  America,  and  admitted  into  the  Union  on  an  equal  footing 
with  the  original  States  in  all  resj^ects  whatever.  And  the  said 
State  shall  consist  of  all  the  territory  included  within  the  following 
boundaries,  to  wit :  Beginning  at  a  point  on  the  western  boundary  of 
the  State  of  Missouri,  where  the  thirty-seventh  parallel  of  north 
latitude  crosses  the  same ;  thence  west  on  said  parallel  to  the  twenty- 
fifth  meridian  of  longitude  west  from  Washington ;  thence  north 
on  said  meridian  to  the  fortieth  parallel  of  latitude;  thence  east  on 
said  parallel  to  the  western  boundary  of  the  State  of  Missouri ;  thence 
south  with  the  western  boundary  of  said  State  to  the  place  of  begin- 
ning: Pro  ruled,  That  nothing  contained  in  the  said  constitution 
respecting  the  boundary  of  said  State  shall  be  construed  to  impair  the 
rights  of  person  or  j^roperty  now  pertaining  to  the  Indians  in  said 
Territory,  so  long  as  such  rights  shall  remain  unextinguished  by 
treaty  between  the  United  States  and  such  Indians,  or  to  include  any 
territory  which,  by  treaty  with  such  Indian  tribe,  is  not,  without 
the  consent  of  said  tribe,  to  be  included  within  the  territorial  limits 
or  jurisdiction  of  any  State  or  Territory;  but  all  such  territory  shall 
be  expected  out  of  the  boundaries,  and  constitute  no  part  of  the  State 
of  Kansas,  until  said  tribe  shall  signify  their  assent  to  the  President 
of  the  United  States  to  be  included  within  said  State,  or  to  affect 
the  authority  of  the  Government  of  the  United  States  to  make  any 
regulation  respecting  such  Indians,  their  lands,  property,  or  other 
rights,  by  treaty,  law,  or  otherwise,  which  it  would  have  been  com- 
petent to  make  if  this  act  had  never  passed. 

Sec.  2.  And  he  it  further  enacted,  That  until  the  next  general 
apportionment  of  Representatives  the  State  of  Kansas  shall  be  en- 
titled to  one  Representative  in  the  House  of  Representatives  of  the 
United  States. 

Sec.  3.  And  he  it  further  enacted,  That  nothing  in  this  act  shall 
be  construed  as  an  assent  by  Congress  to  all  or  to  any  of  the  proposi- 
tions or  claims  contained  in  the  ordinance  of  said  constitution  of 
the  people  of  Kansas,  or  in  the  resolutions  thereto  attached;  but  the 
following  propositions  are  hereby  offered  to  the  said  people  of  Kansas 
for  their  free  acceptance  or  rejection,  which,  if  accepted,  shall  be 
obligatory  on  the  United  States  and  upon  the  said  State  of  Kansas, 
to  wit:  First,  That  sections  numbered  sixteen  and  thirty-six  in  qyqyj 
township  of  public  lands  in  said  State,  and  where  either  of  said  sec- 
tions or  any  part  thereof  has  been  sold  or  otherwise  been  disposed 
of,  other  lands,  equivalent  thereto  and  as  contiguous  as  may  be,  shall 
be  granted  to  said  State  for  the  use  of  schools.  Second,  That 
seventy-two  sections  of  land  shall  be  set  apart  and  reserved  for  the 
use  and  support  of  a  State  University,  to  be  selected  by  the  Governor 
of  said  State,  subject  to  the  approval  of  the  Commissioner  of  the 
General  Land  OfKce,  and  to  be  appropriated  and  ajjplied  in  .such 
manner  as  the  Legislature  of  said  State  may  prescribe  for  the  purpose 
aforesaid,  but  for  no  other  purpose.  Third,  That  ten  entire  sections 
of  land,  to  be  selected  by  the  Governor  of  said  State,  in  legal  sub- 
divisions, shall  be  granted  to  said  State  for  the  purpose  of  completing 
the  public  buildings,  or  for  the  erection  of  others  at  the  seat  of 
government,  under  the  direction  of  the  Legislature  thereof.  Fourth, 
That  all  salt  springs  within  said  State,  not  exceeding  twelve  in 
number,  with  six  sections  of  land  adjoining  or  as  contiguous  as  may 


1178  Kansas— 1861 

be  to  each,  shall  be  granted  to  said  State  for  its  use,  the  same  to  be 
selected  by  the  Governor  thereof  within  one  3'^ear  after  the  admission 
of  said  State,  and 'when  so  selected  to  be  used  or  disposed  of  on  such 
terms,  conditions,  and  regulations  as  the  Legislature  shall  direct : 
Provided,  That  no  salt  spring  or  land,  the  right  whereof  is  now  vested 
in  any  individual  or  individuals,  or  which  may  be  hereafter  con- 
firmed or  adjudged  to  anj^  individual  or  individuals,  shall  by  this 
article  be  granted  to  said  State.  Fifth,  That  five  per  centum  of  the 
net  proceeds  of  sales  of  all  public  lands  lying  within  said  State  which 
shall  be  sold  by  Congress  after  the  admission  of  said  State  into  the 
Union,  after  deducting  all  the  expenses  incident  to  the  same,  shall 
be  paid  to  said  State  for  the  purpose  of  making  public  roads  and 
internal  improvements,  or  for  other  purposes,  as  the  Legislature 
shall  direct:  Provided,  That  the  foregoing  propositions  hereinbefore 
offered  are  on  the  condition  that  the  people  of  Kansas  shall  provide 
by  an  ordinance,  irrevocable  without  the  consent  of  the  United  States, 
that  said  State  shall  never  interfere  with  the  primary  disposal  of 
the  soil  within  the  same  by  the  United  States,  or  with  any  regula- 
tions Congress  may  find  necessary  for  securing  the  title  in  said  soil 
to  bona  fide  purchasers  thereof.  Sixth,  And  that  the  said  State 
shall  never  tax  the  lands  or  the  propert}'  of  the  L^fiited  States  in 
said  State:  Provided,  lioivever.  That  in  case  any  of  the  lands  herein 
granted  to  the  State  of  Kansas  have  heretofore  been  confirmed  to 
the  Territory  of  Kansas  for  the  purposes  specified  in  this  act,  the 
amount  so  confirmed  shall  be  deducted  from  the  quantity  specified 
in  this  act. 

Sec.  4.  And  he  it  further  enacted,  That  from  and  after  the  admis- 
sion of  the  State  of  Kansas,  as  hereinbefore  provided,  all  the  laws  of 
the  L^nited  States,  which  are  not  locally  inapplicable,  shall  have  the 
same  force  and  effect  within  that  State  as  in  other  States  of  the 
Union;  and  the  said  State  is  hereby  constituted  a  judicial  district  of 
the  United  States,  within  which  a  district  court,  with  the  like  poAvers 
and  jurisdiction  as  the  district  court  of  the  United  States  for  the  dis- 
trict of  Minnesota,  shall  be  established;  the  judge,  attorney,  and 
marshal  of  the  United  States  for  the  said  district  of  Kansas  shall 
reside  within  the  same,  and  shall  be  entitled  to  the  same  compensation 
as  the  judge,  attorney,  and  marshal  of  the  district  of  Minnesota ;  and 
in  all  cases  of  appeal  or  writ  of  error  heretofore  prosecuted,  and  now 
pending  in  the  Supreme  Court  of  the  United  States,  upon  any  record 
from  the  supreme  court  of  Kansas  Territory,  the  mandate  of  execu- 
tion or  order  of  further  proceedings  shall  be  directed  b}^  the  Supreme 
Court  of  the  United  States  to  the  district  court  of  the  United  States 
for  the  district  of  Kansas,  or  to  the  supreme  court  of  the  State  of 
Kansas,  as  the  nature  of  such  appeal  or  writ  of  error  may  require; 
and  each  of  those  courts  shall  be  the  successor  of  the  supreme  court 
of  Kansas  Territory",  as  to  all  such  cases,  with  full  power  to  hear  and 
determine  the  same,  and  to  award  mesne  or  final  process  therein. 

Sec.  5.  And  he  it  further  enacted^  That  the  judge  of  the  district 
court  for  the  district  of  Kansas  shall  hold  two  regular  terms  of  the 
said  court  annually,  at  the  seat  of  government  of  the  said  State,  to 
commence  on  the  second  Mondays  of  April  and  October  in  each  j^ear. 

Approved,  January  29,  1861. 


Kansas— 1855  1179 


CONSTITUTION  OF  KANSAS— 1855  <» 

PREA^IBLE 

We,  the  people  of  the  Territory  of  Kansas,  by  our  delegates  in 
convention  assembled,  at  Topeka,  on  the  SSd  day  of  October.  A.  D. 
1855,  and  of  the  independence  of  the  United  States  the  eightieth  year, 
having  the  right  of  admission  into  the  Union  as  one  of  the  United 
States  of  America,  consistent  ^vith  the  Federal  Constitution,  and  by 
virtue  of  the  treaty  of  cession  by  France  to  the  United  States  of  the 
province  of  Louisiana,  in  order  to  secure  to  ourselves  and  our  pos- 
terity the  enjoyment  of  all  the  rights  of  life,  liberty,  and  property, 
and  the  free  pursuits  of  happiness,  do  mutually  agree  with  each  other 
to  form  ourselves  into  a  free  and  independent  State,  by  the  name  and 
style  of  the  State  of  Kansas,  bounded  as  follows,  to  wit :  Beginning 
at  a  point  on  the  western  l)oundary  of  the  State  of  Missouri  where 
the  thirty-seventh  parallel  of  north  latitude  crosses  the  same ;  thence 
west  on  said  parallel  to  the  eastern  boundary  of  Xew  Mexico ;  thence 
north  on  said  boundary  to  latitude  thirty-eight ;  thence  following 
said  boundary  westward  to  the  eastern  boundary  of  the  Territory  of 
Utah,  on  the  summit  of  the  Rocky  Mountains:  thence  northward  on 
said  summit  to  the  fortieth  parallel  of  latitude;  thence  east  on  said 
parallel  to  the  western  boundary  of  the  State  of  Missouri;  thence 
south  with  the  western  boundary  of  said  State  to  the  place  of  begin- 
ning; and  do  ordain  and  establish  the  following  constitution  and  bill 
of  rights  for  the  government  thereof : 

Article  I 

BILL    or    RIGHTS 

Sectiox  1.  All  men  are  by  nature  free  and  independent,  and  have 
certain  inalienable  rights,  among  Avhich  are  those  of  enjoying  and 
defending  life  and  liberty,  acquiring,  possessing,  and  protecting 
property,  and  seeking  and  obtaining  hapj^iness  and  safety. 

Sec.  2.  All  political  power  is  inherent  in  the  people.  Government 
is  instituted  for  their  equal  protection  and  benefit ;  and  they  have  the 
right  to  alter,  reform,  or  abolish  the  same  whenever  they  may  deem 
it  necessary;  and  no  special  privileges  or  immunities  shall  ever  be 
granted  that  may  not  be  altered,  revoked,  or  repealed  by  the  general 
assembly. 

Sec.  3.  The  people  have  the  right  to  assemble  together,  in  a  peace- 
able manner,  to  consult  for  their  common  good,  to  instruct  their 
representatives,  and  to  petition  the  general  assembly  for  the  redress 
of  grievances. 

Sec.  4.  The  people  have  the  right  to  bear  arms  for  their  defence 
and  securit}^;  but  standing  armies  in  time  of  peace  are  dangerous  to 

3  This  constitution  was  adopted  at  a  convention  which  met  at  Topelca  October 
23,  IS.'io.  and  completed  its  labors  November  2.  185o.  It  was  claimed  that  it 
was  submitted  to  the  people  of  Kansas  and  ratified  December  15,  1855,  receiving 
l.TP.l  votes  oirainst  4<i. 

7252— VOL  2—07 20 


1180  Kansas— 1855 

liberty  and  shall  not  be  kept  up;  and  the  military  shall  be  kept  in 
strict  subordination  to  the  civil  power. 

Sec.  5.  The  right  of  trial  by  jur}^  shall  be  inviolate. 

Sec.  6.  There  shall  be  no  slavery  in  this  State,  nor  involuntary 
servitude,  unless  for  the  punishment  of  crime. 

Sec.  7,  All  men  have  a  natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  conscience.  No 
person  shall  be  compelled  to  attend,  erect,  or  support  any  place  of 
worship,  or  maintain  any  form  of  worship  against  his  consent ;  and 
no  preference  shall  be  given  by  law  to  any  religious  society,  nor  shall 
any  interference  with  the  rights  of  conscience  be  permitted.  Xo 
religious  test  shall  be  required  as  a  qualification  for  office,  nor  shall 
any  person  be  incompetent  to  be  a  witness  on  account  of  his  religious 
belief;  but  nothing  herein  shall  be  construed  to  dispense  with  oaths 
and  affirmations.  Religion,  morality,  and  knowledge,  however,  being 
essential  to  good  government,  it  shall  be  the  duty  of  the  general 
assembl}^  to  pass  suitable  laws  to  protect  every  religious  denomina- 
tion in  the  peaceable  enjoyment  of  its  own  mode  of  public  worship, 
and  to  encourage  schools  and  the  means  of  instruction. 

Sec.  8.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless,  in  cases  of  rebellion  or  invasion,  the  public  safety 
requires  it. 

Sec.  9.  All  persons  shall  be  bailable  by  sufficient  sureties,  unless  for 
capital  offences,  where  the  proof  is  evident  or  the  presumption  great. 
Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

Sec.  10.  Except  in  cases  of  impeachment,  and  cases  arising  in  the 
Army  and  Navy,  or  in  the  militia,  Avhen  in  actual  service  in  time  of 
war  or  public  danger,  and  in  cases  of  j)etit  larcen}^  and  other  inferior 
offences,  no  person  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime  unless  on  presentment  or  indictment  of  a  grand  jury. 
In  any  trial  in  any  court,  the  party  accused  shall  be  allowed  to  appear 
and  defend  in  person  and  with  counsel,  to  demand  the  nature  and 
cause  of  the  accusation  against  him,  and  to  have  a  copy  thereof;  to 
meet  the  witnesses  face  to  face,  and  to  have  compulsory  process  to 
procure  the  attendance  of  witnesses  in  his  behalf,  and  a  speedy  public 
trial,  by  an  impartial  jury  of  the  county  or  district  in  which  the 
offence  "is  alleged  to  have  been  committed ;  nor  shall  any  person  be 
compelled,  in  any  criminal  case,  to  be  a  witness  against  himself,  or  be 
twice  put  in  jeopardy  for  the  same  offence. 

Sec.  11.  Every  citizen  may  freely  speak,  write,  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  the 
right ;  and  no  law  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  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. 

Sec.  12.  Xo  person  shall  be  transported  out  of  the  State  for  any 
offence  committed  within  the  same ;  and  no  couA-iction  shall  work  cor- 
ruption of  blood  or  forfeiture  of  estate. 

Sec.  13.  Xo  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner,  nor  in  time  of  war,  except  in 
a  manner  prescribed  by  law. 


Kanms—1855  1181 

Sec.  14.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  possessions  against  unreasonable  searches  and 
seizures  shall  not  be  violated:  and  no  warrant  shall  issue  but  upon 
probable  cause,  supported  by  oath  or  affirmation,  particularly  describ- 
ing the  place  to  be  searched,  and  the  persons  and  things  to  be  seized. 

Sec.  15.  No  person  shall  be  imprisoned  for  debt  in  any  civil  action, 
or  mesne  or  final  jDrocess,  unless  in  case  of  fraud. 

Sec.  16.  All  courts  shall  be  open;  and  every  person,  for  an  injury 
done  him  in  his  land,  goods,  person,  or  reputation,  shall  have  remedy 
by  due  course  of  law,  and  justice  administered  without  denial  or 
delay. 

Sec.  17.  No  hereditary  emoluments,  honors,  or  privileges  shall  ever 
be  granted  or  conferred  by  this  State. 

Sec.  18.  No  power  of  suspending  laws  shall  ever  be  exercised  except 
by  the  general  assembly. 

Sec.  10.  The  payment  of  a  tax  shall  not  be  a  qualification  for  exer- 
cising the  right  of  suffrage. 

Sec.  20.  Private  property  shall  ever  be  held  inviolate,  but  sub- 
servient to  the  public  welfare.  When  taken  in  time  of  war,  or  other 
public  exigency  imj^eratively  re({uiring  its  immediate  seizure,  or  for 
the  purpose  of  making  or  repairing  roads,  which  shall  be  open  to  the 
public  use,  without  toll  or  other  charge  therefor,  a  compensation 
shall  be  made  to  the  owner  in  money;  and  in  all  other  cases  where 
private  property  shall  be  taken  for  public  use,  a  compensation  there- 
for shall  first  be  made  in  money,  or  first  secured  by  a  deposit  of 
money,  and  such  compensation  shall  be  assessed  by  a  jury,  without 
deduction  for  benefits  to  any  property  of  the  owner. 

Sec.  21.  No  indenture  of  any  negro,  or  mulatto,  made  and  executed 
out  of  the  bounds  of  the  State  shall  be  valid  within  the  State. 

Sec.  22.  This  enumeration  of  rights  shall  not  be  construed  to  im- 
pair or  deny  others  retained  by  the  people;  and  all  powers  not  herein 
delegated  shall  remain  w4th  tlie  people. 

Article  II 

ELECTIVE    FRAXCHISE 

Section  1.  In  all  elections  by  the  people,  the  vote  shall  be  by  ballot, 
and  in  all  elections  in  the  general  assembly  the  vote  shall  be  vira  voce. 

Sec.  2.  Every  white  male  person,  and  every  civilized  male  Indian 
who  has  adopted  the  habits  of  the  white  man,  of  the  age  of  twenty-one 
years  and  upAvards,  who  shall  be  at  the  time  of  offering  to  vote  a  citi- 
zen of  the  United  States;  who  shall  have  resided  and  had  his  habita- 
tion, domicile,  home,  and  place  of  permanent  al)ode  in  the  Stale  of 
Kansas  for  six  months  next  preceding  the  election  at  which  he  offers 
to  vote;  Avho,  at  such  time,  and  for  thirty  days  immediately  preced- 
ing said  time,  shall  have  had  his  actual  habitation,  domicile,  home, 
and  place  of  permanent  abode  in  the  county  in  which  he  offers  to 
vote,  and  who  shall  have  resided  in  the  precinct  or  election-distric* 
for  at  least  ten  days  immediately  preceding  the  election,  shall  be 
deemed  a  qualified  elector  at  all  elections  under  this  constitution, 
except  in  elections  by  general  ticket  in  the  State  or  district  preseribed 
by  law,  in  which  case  the  elector  must  have  the  aforesaid  qualifica- 
tions, but  a  residence  in  said  district  for  ten  days  will  entitle  him  to 


1182  Kansas— 1855 

vote:  Provided y  That  no  soldier,  .seaman,  or  marine,  of  the  regular 
x\rmy  or  Navy  of  the  United  States,  shall  be  considered  a  resident 
of  the  State  in  consequence  of  being  stationed  within  the  same. 

Sec.  3.  The  general  assembly  shall,  at  its  first  session,  provide  for 
the  registration  of  all  qualified  electors  in  each  county,  and  there- 
after, from  time  to  time,  of  all  who  may  become  qualified  electors. 

Sec.  4.  The  legislature  shall  have  power  to  exclude  from  every ^ 
office  of  honor,  trust,  or  profit  within  the  State,  and  from  the  right 
of  suft'rage,  all  persons  convicted  of  any  infamous  crime. 

Sec.  5.  Xo  person  shall  be  deemed  capable  of  holding  or  being 
elected  to  any  post  of  honor,  profit,  trust,  or  emolument,  civil  or  mil- 
itary, or  exercise  the  I'ight  of  suffrage  under  the  government  of  this 
State,  who  shall  hereafter  fight  a  duel,  send  or  accept  a  challenge  to 
fight  a  duel,  or  who  shall  be  a  second  to  either  party,  or  who  shall  in 
any  manner  aid  or  assist  in  such  duel,  or  who  shall  be  knowingly  the 
bearer  of  such  challenge  or  acceptance,  whether  the  same  occur  or 
be  committed  in  or  out  of  the  State. 

Sec.  G.  No  person  who  may  hereafter  be  collector  or  holder  of  pub- 
lic moneys  shall  be  eligible  to  any  office  of  trust  or  profit  in  the  State 
until  he  shall  have  accounted  for  and  paid  into  the  proper  public 
treasury  all  simis  for  which  he  may  be  accountable. 

Sec.  7.  No  State  officer  or  member  of  the  general  assembly  of  this 
State  shall  receive  a  fee,  be  engaged  as  counsel,  agent,  or  attorney  in 
any  case  or  claim  against  the  State. 

Sec.  8,  No  senator  or  representative  shall,  during  the  term  of  office 
for  which  he  shall  have  been  elected,  be  appointed  to  any  civil  office 
of  profit  in  this  State  Avhich  shall  have  been  created  or  the  emolu- 
ments of  which  shall  have  been  increased  during  such  term,  except 
such  offices  as  may  be  filled  by  election  by  the  people. 

Sec.  0.  All  officers,  civil  and  militar}-,  in  this  State,  before  they 
enter  upon  the  duties  of  their  respective  offices,  shall  take  the  follow- 
ing oath  or  affirmation:  "  I, ■ — ,  do  swear  [or  affirm]  that 

I  will  support  the  Constitution  of  the  United  States  and  of  the  State 
of  Kansas;  that  I  am  duly  qualified  according  to  the  Constitution  to 
exercise  the  office  to  which  I  have  been  elected,  [or  appointed,]  and 
will,  to  the  best  of  my  abilities,  discharge  the  duties  thereof  faith- 
fully and  impartially,  according  to  law." 

Sec.  10.  Every  person  shall  be  disqualified  from  holding  any  office 
of  honor  or  profit  in  this  State  who  shall  have  been  convicted  of  hav- 
ing given  or  oft'ered  any  bribe  to  procure  his  election,  or  Avho  shall 
have  made  use  of  any  undue  infiuence  from  power,  tumult,  or  other 
improper  practices. 

Sec.  11.  All  civil  officers  of  the  State  shall  reside  within  the  State, 
and  all  district  and  county  officers  within  their  respective  districts 
and  counties,  and  shall  have  their  offices  at  such  places  therein  as 
may  be  required  by  law. 

Sec.  12.  Returns  of  elections  for  members  of  Congress,  the  general 
assembly,  and  all  other  officers  not  otherwise  provided  for  shall  be 
made  to  the  secretary  of  state,  in  such  manner  as  may  be  prescribed 
by  law. 

Sec.  13.  Electors  shall  in  all  cases  be  privileged  from  arrest  during 
their  attendance  on  elections,  and  in  going  to  and  returning  there- 
from, except  in  case  of  felony,  treason,  and  breach  of  the  peace. 


Kansas — 1856  1183 

Article  III 

DISTRIBUTION    OF    POAVERS 

Sectiox  1.  The  powers  of  the  government  shall  be  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  IV 

LEGLSLATIVE 

Section  1.  The  legislative  power  of  this  State  shall  be  vested  in 
the  general  assembly,  whicli  shall  consist  of  a  senate  and  house  of 
representatives. 

Sec.  2.  The  senators  and  representatives  shall  be  chosen  annually, 
l)y  the  (pialified  electors  of  the  respective  counties  or  district  for  which 
they  are  chosen,  on  the  first  ]Monday  of  Angust,  for  one  year,  and 
their  term  of  office  shall  commence  on  the  first  day  of  January  next 
thereafter. 

Sec.  3.  There  shall  be  elected  at  the  first  election  twenty  senators 
and  sixty  representatives,  and  the  number  afterwards  shall  be  regu- 
lated by  law. 

Sec.  4.  Xo  person  shall  be  eligible  to  the  office  of  senator  or  repre- 
sentative who  shall  not  possess  the  qualifications  of  an  elector. 

Sec.  5.  No  person  holding  office  under  the  authority  of  the  United 
States,  or  any  lucrative  office  under  the  authority  of  this  State,  shall 
be  eligible  to,  or  have  a  seat  in,  the  general  assembly;  but  this  pro- 
vision shall  not  extend  to  township  officers,  justices  of  the  peace, 
notaries  public,  postmasters,  or  officers  of  the  militia. 

Sec.  G.  Each  house,  except  as  otherwise  provided  in  this  constitu- 
tion, shall  choose  its  own  officers,  determine  its  own  rule  of  proceed- 
ing, punish  its  members  for  disorderly  conduct,  and,  with  the  concur- 
rence of  two-thirds,  expel  a  member,  but  not  the  second  time  for  the 
same  cause;  and  shall  judge  of  the  qualification,  election,  and  return 
of  its  own  members,  and  shall  have  all  other  powers  necessary  for 
its  safety  and  the  undisturbed  transaction  of  business. 

Sec.  7.  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  two  members,  be  entered  on  the  journal. 

Sec.  8.  Any  member  of  either  house  shall  have  the  right  to  protest 
against  any  act  or  resolution  thereof;  and  such  i)rotest  and  reason 
therefor  shall,  without  alteration,  commitment,  or  delay,  be  entered 
on  the  journal. 

Sec.  !>.  All  vacancies  which  may  occur  in  either  house  shall,  for  the 
unexpired  term,  be  filled  by  election  as  shall  be  i3rescribed  by  law. 

Sec.  10.  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  words  spoken  in  debate  they  shall 
not  be  questioned  in  any  other  place. 


1184  Kansas— 1855 

Sec.  11.  A  majority  of  all  the  inembers  elected  to  each  houKe  shall 
be  necessary  to  i^ass  every  bill  or  joint  resolution,  and  all  bills  and 
joint  resolutions  so  passed  shall  be  signed  by  the  presiding  officers  of 
the  respective  houses,  and  presented  to  the  governor  for  his  approval. 

Sec.  12.  The  doors  of  each  house  and  of  committees  of  the  whole 
shall  be  kept  open.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  tlian  two  days,  nor  to  any  other  place  than 
that  in  which  the  two  houses  shall  be  sitting,  except  for  personal 
safety. 

Sec.  13.  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  is  pending  may,  if  deemed  expedient,  suspend  the 
rule  on  a  call  of  the  yeas  and  nays ;  but  the  reading  of  a  bill  bv  sec- 
tions, 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. 

Sec.  14.  Every  act  shall  contain  but  one  subject,  which  shall  be 
clearly  expressed  in  its  title.  Bills  may  originate  in  either  house,  but 
may  be  altered,  amended,  or  rejected  by  the  other. 

Sec.  15.  In  all  cases  when  a  general  law  can  be  made  applicable, 
special  laws  shall  not  be  enacted. 

Sec.  16.  No  act  shall  ever  be  revived  or  amended  by  mere  reference 
to  its  title ;  but  the  act  revived  or  the  section  amended  shall  be  set 
forth  and  published  at  full  length. 

Sec.  it.  Xo  act  shall  take  effect  until  the  same  shall  have  been  pub- 
lished and  circulated  in  the  counties  of  the  State,  by  authority,  ex- 
cept in  case  of  emergenc}',  which  emergency  shall  be  declared  in  the 
preamble  or  the  body  of  the  law. 

Sec.  18.  The  election  and  appointment  of  all  officers,  and  the  filling 
of  all  vacancies  not  otherwise  provided  for  hy  this  constitution  or  the 
Constitution  of  the  United  States,  shall  be  made  in  such  manner  as 
shall  be  prescribed  by  law ;  but  no  a2:)pointing  power  shall  be  exer- 
cised by  the  general  assembly,  excej^t  as  provided  in  this  constitution, 
and  in  the  election  of  the  United  States  Senator,  and  in  these  cases 
the  vote  shall  be  taken  viva  voce. 

Sec.  19.  The  general  assembly  shall  not  have  power  to  enact  laws 
annulling  the  contract  of  marriage  in  any  case  where,  by  law.  the 
courts  of  this  State  may  have  power  to  decree  a  divorce. 

Sec.  20.  The  general  assembly  shall  not  have  power  to  pass  retro- 
active laAvs,  or  laws  impairing  the  obligation  of  contracts;  but  may, 
by  general  laws,  authorize  courts  to  carry  into  effect,  upon  such  terms 
as  shall  be  just  and  equitable,  the  manifest  intention  of  parties  and 
officers,  by  curing  omissions,  defects,  and  errors  in  instruments  and 
proceedings,  arising  out  of  a  want  of  conformity  with  the  laws  of 
this  State. 

Sec.  21.  The  style  of  the  laws  of  this  State  shall  be,  ''Be  it  enacted 
hy  the  general  assemhly  of  the  State  of  Kansas.''' 

Sec.  22.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment.  All  impeachments  shall  be  tried  by  the  senate,  and. 
when  sitting  for  the  purpose,  the  senators  shall  be  upon  oath  or  affir- 
mation to  do  justice  according  to  law  and  evidence.  Xo  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of  all  the  senators 
present. 


Kansas— 1855  1185 

Sec.  23.  The  governor  and  all  other  civil  officers  under  the  laws  of 
this  State  shall  be  liable  to  impeachment  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, 
profit,  or  trust  under  this  State.  The  party,  whether  convicted  or 
acquitted,  sliall,  nevertheless,  be  liable  to  indictment,  trial,  judgment, 
and  punishment  according  to  law. 

Sec.  24.  Within  one  year  after  the  ratification  of  this  constitution, 
and  within  every  subsequent  two  years  thereafter,  for  the  term  of 
ten  years,  an  enumeration  of  all  the  white  inhabitants  of  this  State 
shall  be  made  in  such  manner  as  shall  be  directed  by  law. 

Sec.  25.  All  regular  sessions  of  the  general  assembly  shall  be  held 
at  the  capital  of  the  State,  and  shall  commence  on  the  first  Tuesday 
of  Januar}',  annually. 

Sec.  20.  All  bills  for  raising  revenue  shall  originate  in  the  house 
of  representatives,  subject,  however,  to  amendment  or  rejection  as  in 
other  cases. 

Sec  27.  The  members  of  the  general  assembly  shall  receive  for  their 
services  the  smn  of  four  dollars  per  day  for  each  and  every  day  they 
are  actualW  in  attendance  at  any  regular  or  special  session,  and  four 
dollars  for  everj^  twenty  miles  they  shall  traA^el  in  going  to  and 
returning  from  the  place  of  meeting,  by  the  most  usually  traveled 
route;  and  no  session  of  the  general  assembly,  except  the  first  under 
this  constitution,  shall  extend  beyond  the  term  of  sixty  days,  nor  any 
special  session  more  than  forty  daj^s. 

Article  V 
executive 

Section  1.  The  executive  department  shall  consist  of  a  governor, 
a  lieutenant-governor,  secretary  of  state,  treasurer,  auditor,  and 
attorney-general,  who  shall  be  chosen  by  the  electors  of  the  State  at 
the  same  time  and  place  of  voting  for  the  members  of  the  general 
assembly. 

Sec  2.  The  governor,  lieutenant-governor,  secretary  of  state,  treas- 
urer, auditor,  attorney-general,  and  State  printer  shall  hold  tlKur 
office  for  two  years.  Their  terms  of  office  shall  commence  on  the  first 
Tuesday  of  January  next  after  their  election,  and  continue  until  their 
successors  are  elected  and  qiuilified,  neither  of  which  officers  shall  be 
eligible  for  reelection  more  than  two  out  of  three  consecutive  terms; 
nor  shall  any  person  be  eligible  for  the  office  of  governor  Avho  shall 
not  have  attained  the  age  of  thirty  years. 

Sec  3.  The  returns  of  every  election  for  the  officers  named  in  the 
foregoing  section  shall  be  sealed  up  and  transmitted  to  the  seat  of 
government  by  the  return ing-officers,  directed  to  the  secretary  of 
state,  who  shall  lay  the  same  before  the  general  assembly  at  their  first 
meeting  thereafter,  when  they  shall  open,  publish,  and  declare  the 
result  thereof,  in  the  presence  of  a  majority  of  the  members  of  both 
houses.  The  person  having  the  highest  number  of  votes  shall  be 
declared  dulv  elected,  and  a  certificate  thereof  given  to  such  person, 
signed  by  the  presiding  officers  of  both  bodies;  but  if  any  two  or 


1186  Kansas— 1865 

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. 

Sec.  4.  The  supreme  executive  power  shall  be  vested  in  a  governor. 

Sec.  5.  He  may  require  infornuition  in  writing  from  the  officers 
in  the  executive  department,  upon  any  subject  relating  to  the  (hities 
of  their  respective  offices,  and  shall  see  that  tlie  hnvs  are  faithfully 
executed. 

Sec.  6.  He  shall  communicate,  at  every  session,  by  message,  to  the 
general  assembly,  the  condition  of  the  affairs  of  the  State,  and  recom- 
mend such  measures  as  he  shall  deem  expedient  for  their  action. 

Sec.  T.  He  may,  on  extraordinary  occasions,  convene  the  general 
assembly  by  proclamation,  and  shall  state  to  both  houses,  when  assem- 
bled, the  purposes  for  which  they  were  convened. 

Sec.  8.  In  case  of  disagreement  between  the  two  houses  in  respect  to 
the  time  of  adjournment,  he  shall  have  power  to  adjourn  the  general 
assembly  to  such  time  as  he  may  think  proper,  but  not  beyond  the 
regular  meetings  thereof. 

Sec.  9.  He  shall  be  commander-in-chief  of  the  military  in  the  State, 
except  when  they  shall  be  called  into  the  service  of  the  United 
States. 

Sec.  10. .  The  pardoning  power  shall  be  vested  in  the  governor 
under  such  regulations  and  restrictions  as  may  be  prescribed  by  law. 

Sec.  11.  There  shall  be  a  seal  of  the  State,  the  device  of  wdiich 
shall  be  fixed  upon  by  the  governor  and  other  State  officers,  be  kept  by 
the  governor  and  used  by  him  officially,  and  shall  be  called  '*  The 
Great  Seal  of  the  State  of  Kansas." 

Sec.  12.  All  grants  and  commissions  shall  be  used  in  the  name  and 
by  the  authority  of  the  State  of  Kansas,  sealed  with  the  great  seal, 
signed  by  the  governor,  and  countersigned  by  the  secretary  of  state. 

Sec.  13.  No  member  of  either  house  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. 

Sec.  14.  In  the  case  of  death,  impeachment,  resignation,  removal, 
or  other  disability  of  the  governor,  the  lieutenant-governor  shall 
exercise  the  duties  of  the  office  of  governor  until  another  governor 
shall  be  duly  qualified;  but  in  such  case  another  governor  shall  be 
chosen  at  the  next  annual  election  for  members  of  the  general  assem- 
bly, unless  such  death,  resignation,  impeachment,  removal,  or  other 
disability  shall  occur  within  three  calendar  months  immediately 
preceding  such  next  annual  election,  in  which  case  a  governor  shall 
be  chosen  at  the  second  succeeding  annual  election  for  members  of 
the  general  assembly;  and  in  case  of  the  death,  impeachment,  resig- 
nation, removal,  or'  other  disabilit}^  of  the  lieutenant-governor,  the 
president  of  the  senate  pro  tempore  shall  exercise  the  office  of  gov- 
ernor until  a  governor  shall  be  duly  qualified' as  aforesaid. 

Sec.  15.  The  lieutenant-governor  shall  be  president  of  the  senate, 
but  shall  vote  only  when  the  senate  is  equally  divided,  and  shall  be 
entitled  to  the  same  pay  as  the  speaker  of  the  house  of  representa- 
tives, and  in  case  of  his  death,  impeachment,  resignation,  removal 
from  office,  or  when  he  shall  exercise  the  office  of  governor,  the  senate 
shall  choose  a  president  pro  tempore. 

Sec.  16.  Should  the  office  of  secretary  of  state,  treasurer,  auditor, 
or  attorney-general  become  vacant,  for  any  of  the  causes  specified  in 


Kansas— 1855  1187 

the  fourteenth  and  fifteenth  ooctions,  the  governor  shall  fill  the 
vacancy  or  vacancies  nntil  the  disability  is  removed  or  a  successor  is 
elected  and  qualified.  Every  such  vacancy  shall  be  filled  by  election, 
at  the  first  general  election  that  occurs  more  than  thirty  days  after 
such  vacancy  shall  have  occurred,  and  the  person  chosen  shall  hold 
the  office  for  the  full  term  fixed  in  the  second  section  of  this  article. 

Sec.  it.  The  officers  mentioned  in  this  article  shall,  at  stated  times, 
receive  for  their  services  compensation  to  be  fixed  by  law,  which  shall 
neither  be  increased  or  diminished  during  the  period  for  which  they 
shall  have  been  elected. 

Sec.  18.  The  officers  of  the  executive  department  and  of  the  j^ublic 
State  institutions  shall,  at  least  ten  days  preceding  each  regular  ses- 
sion of  the  general  assembly,  severally  report  to  the  governor,  who 
shall  transmit  the  same  to  the  general  assembly. 

Sec.  19.  Every  bill  which  shall  have  passed  both  houses  shall  l)o 
presented  to  the  governor.  If  he  approve,  he  shall  sign  the  same, 
but  if  he  shall  not  approve,  he  shall  return  it  with  his  objections  to 
the  house  in  which  it  shall  haA'e  originated,  who  shall  enter  the  objec- 
tions at  large  upon  the  journal,  and  proceed  to  reconsider  the  same. 
If,  after  such  reconsideration,  two-thirds  of  that  house  shall  agree  to 
pass  the  bill,  it  shall  be  sent  with  the  objections  to  the  other  house,  by 
which,  likewise,  it  shall  be  reconsidered,  and  if  approved  b}^  two- 
1  birds  of  that  house  it  shall  be  a  law.  But  in  such  case,  the  votes  of 
t)oth  houses  shall  be  determined  by  3'eas  and  nays,  and  the  names  of 
the  persons  voting  for  or  against  the  bill  shall  be  entered  upon  the 
journals  of  each  house  respectively.  If  any  bill  shall  not  be  returned 
by  the  governor  within  five  days  (Sunday  excepted)  after  it  shall 
have  been  joresented  to  him,  it  shall  be  a  law  in  like  manner  as  if  he 
had  signed  it,  unless  the  general  assembly,  by  their  adjournment,  pre- 
vented its  return,  in  which  case  it  shall  also  be  a  law,  unless  sent  back 
within  two  days  after  the  next  meeting. 

Sec.  20.  Contested  elections  for  governor,  lieutenant-governor, 
judges  of  the  supreme  court,  and  all  other  State  officers,  shall  be  deter- 
mined by  the  general  assembly,  in  such  manner  as  may  be  prescribed 
by  law. 

Sec.  21.  The  general  assembly  shall  have  poAver  to  provide  by  law 
for  the  election  of  a  surveyor-general.  State  geologist,  and  superin- 
tendent of  common  schools,  whose  duties  shall  be  prescribed  by  law. 

Article  VI 

JUDICIAT. 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  a 
supreme  court,  courts  of  common  pleas,  justices  of  the  peace,  and  in 
such  other  courts  inferior  to  the  supreme  court  as  the  general  assembly 
iWAy  establish. 

Sec.  2.  The  supreme  court  shall  consist  of  three  judges,  a  majority 
of  whom  shall  form  a  quorum.  It  shall  have  such  original  and  ap- 
pellate jurisdiction  as  may  be  provided  by  law.  It  shall  hold  at  least 
one  term  each  year,  at  the  seat  of  government,  and  such  other  terms 
as  may  be  provided  by  law.  The  judges  of  the  supreme  court  shall 
be  elected  bv  the  electors  of  the  State  at  larse. 


1188  Kansas— 1855 

Sec.  3.  The  State  shall  be  divided  by  the  first  general  assembly 
under  this  constitution  into  three  common-pleas  districts  of  compact 
territor}',  bounded  by  county  lines,  and  as  nearly  equal  in  population 
as  practicable;  and  a  judge  for  each  district  shall  be  chosen  by  the 
electors  thereof,  and  their  term  of  office  shall  be  for  three  years. 

Sec.  4.  The  courts  of  common  pleas  shall  consist  of  one  judge  each, 
who  shall  reside  within  the  district  for  which  he  is  chosen  during  his 
continuance  in  office. 

Sec,  5.  The  jurisdiction  of  the  court  of  common  pleas,  and  of  the 
judges  thereof,  shall  be  fixed  by  law. 

Sec.  6.  A  competent  number  of  justices  of  the  peace  shall  be  elected 
by  the  electors  in  each  township  of  the  several  counties.  The  term 
of  office  shall  be  three  years,  and  their  powers  and  duties  shall  be  fixed 
by  law. 

Sec.  7.  All  judges,  other  than  those  provided  for  in  the  constitu- 
tion, 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  three 
3'ears. 

Sec.  8.  The  judges  of  the  supreme  court  shall,  immediately  after  the 
first  election  under  this  constitution,  be  classified  b}^  lot,  so  that  one 
shall  hold  for  the  term  of  one  year,  one  for  the  term  of  two  A^ears,  and 
one  for  the  term  of  three  years,  and  at  all  subsequent  elections  the 
term  of  each  of  said  judges  shall  be  for  three  years. 

Sec.  9.  In  case  the  office  of  any  judge  shall  become  vacant  before 
the  expiration  of  the  term  for  which  he  was  elected,  the  vacancy  shall 
be  filled  by  appointment  by  the  governor  imtil  a  successor  shall  be 
elected  and  qualified ;  and  such  successor  shall  be  elected  for  the 
residue  of  the  unexpired  term  at  the  first  annual  election  that  occurs 
more  than  thirty  days  after  such  vacancy  shall  have  happened. 

Sec.  10.  The  judges  of  the  supreme  court  and  of  the  courts  of  com- 
mon pleas  shall,  at  stated  times,  receive  such  compensation  as  ma}'  be 
provided  by  law,  which  shall  not  be  increased  or  diminished  during 
their  term  of  office,  btit  they  shall  receive  no  fees  or  perquisites,  nor 
hold  any  other  office  of  profit  and  trust  under  the  State,  other  than  a 
judicial  office. 

Sec.  11.  The  general  assembly  may  increase  or  diminish  the  number 
of  the  jtidges  of  the  supreme  court,  the  number  of  the  districts  of  the 
courts  of  common  pleas,  the  number  of  jtidges  in  any  district,  or 
establish  other  cottrts  whenever  two-thirds  of  the  members  elected  to 
each  house  shall  concur  therein,  but  no  such  change,  addition,  or  dimi- 
nution shall  vacate  the  office  of  any  judge. 

Sec.  12.  There  shall  be  elected  in  each  count3%  by  the  electors 
thereof,  one  clerk  of  the  court  of  common  pleas,  who  shall  hold  his 
office  for  the  term  of  three  years,  and  imtil  his  successor  shall  be 
elected  and  qualified. 

Sec.  13.  The  general  assembly  shall  provide,  by  law,  for  the  speedy 
publication  of  the  decisions  of  the  supreme  court  made  tinder  this 
constittition. 

Sec.  14.  The  supreme  court  shall,  upon  the  decision  of  every  case, 
give  an  opinion,  in  writing,  of  each  question  arising  in  the  record  in 
such  case,  and  the  decision  of  the  court  thereon. 

Sec.  15.  There  shall  be  elected  by  the  voters  of  the  State  a  clerk 
and  a  reporter  for  the  supreme  court,  who  shall  hold  their  offices  for 
three  years,  and  whose  duties  shall  be  prescribed  by  law. 


Kansas— 1855  1189 

Sec.  16.  Judges  ma}^  be  removed  from  office  by  concurrent  resolu- 
tion 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  upon  the  journal,  nor  until  the  i^arty  charged  shall  have  had 
notice  thereof,  and  an  oppoi'tunitv  to  be  heard. 

Sec.  17.  The  several  judges  of  the  supreme  court,  of  the  court  of 
common  pleas,  and  of  such  other  courts  as  may  be  created  by  law, 
shall  respectively  have  and  exercise  such  power  and  jurisdiction,  at 
chambers  or  otherwise,  as  may  be  provided  by  law. 

Sec.  18.  The  style  of  all  process  shall  be,  "  The  State  of  Kansas." 
All  prosecutions  shall  be  carried  on  in  the  name  and  bv  the  authority 
of  the  State  of  Kansas;  and  all  indictments  shall  conclude,  '*  against 
the  peace  and  dignity  of  the  State  of  Kansas." 

Article  VII 

EDUCATION 

Sec.  1.  The  principal  of  all  funds  arising  from  the  sale  or  other 
disposition  of  lands  or  other  property  granted  or  intrusted  to  this 
State  for  educational  and  religious  purposes,  shall  forever  be  pre- 
served inviolate  and  undiminished ;  and  the  income  arising  therefrom 
shall  be  faithfully  applied  to  the  specific  objects  of  the  original 
grants  or  appropriations. 

Sec.  2.  The  general  assembly  shall  make  such  provision,  by  taxa- 
tion 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. 

Sec.  3.  The  general  assembly  may  take  measures  for  the  establish- 
ment of  a  universit}',  with  such  branches  as  the  public  convenience 
may  hereafter  demand,  for  the  promotion  of  literature,  the  arts, 
science,  medical  and  agricultural  instruction. 

Sec.  4,  Provision  may  be  made  by  law  for  the  support  of  normal 
schools,  with  suitable  libraries  and  scientific  apparatus. 

Artk  le  VIII 

PUBLIC  INSTITITIONS 

Sec.  1.  It  shall  be  the  duty  of  the  general  assembly,  at  as  early  a 
date  as  possible,  to  provide  State  asylums  for  the  benefit,  treatment, 
and  instruction  of  the  blind,  deaf  and  dumb,  and  insane. 

Sec.  2.  The  general  assembly  shall  make  i^rovision  for  the  estab- 
lishment of  an  asylum  for  idiots,  to  be  regulated  by  law. 

Sec.  3.  The  respective  counties  of  the  State  shall  provide,  in  some 
suitable  manner,  for  those  inhabitants  who,  by  reason  of  age,  infirm- 
ity, or  other  misfortune,  may  have  claims  upon  the  S3'm])athy  and 
aid  of  societ3%  under  provisions  to  be  made  by  the  laws  of  the  general 
assembly. 


1190  Kansas- 1855 

Sec.  4.  The  o;eneral  assembl}^  shall  niako  provision  for  the  estab- 
lishment of  houses  of  refuge  for  the  correction,  reform,  and  instruc- 
tion of  juvenile  offenders. 

Sec.  5.  It  shall  be  the  duty  of  the  general  assembly  to  make  provi- 
sion, as  soon  as  possible,  for  a  State  general  hospital. 

Article  IX 

PUBLIC    DEBT    AND    PUBLIC    WORKS 

Sec.  1.  No  money  shall  be  paid  out  of  the  treasury  except  in  pur- 
suance of  an  appropriation  by  law. 

Sec.  2.  The  credit  of  the  State  shall  never  be  given  or  loaned  in  aid 
of  any  individual,  association,  or  corporation. 

Sec.  3.  For  the  purpose  of  defraying  extraordinary  expenditures, 
the  State  may  contract  public  debts;  but  such  debts  shall  never  in  the 
aggregate  exceed  one  hundred  thousand  dollars,  unless  authorized  by 
a  direct  vote  of  the  people  at  a  general  election.  Every  such  debt 
shall  be  authorized  by  law,  and  eA'ery  such  law  shall  provide  for  the 
payment  of  the  annual  interest  of  such  debt,  and  the  principal  within 
ten  years  from  the  passage  of  such  law ;  and  such  appropriation  shall 
not  be  repealed  until  the  principal  and  interest  shall  have  been  wholly 
paid. 

Sec.  4.  The  legislature  may  also  borrow  money  to  repel  invasion, 
suppress  insurrection,  or  defend  the  State  in  time  of  war;  but  the 
money  thus  raised  shall  be  applied  exclusively  to  the  object  for  which 
the  loan  was  authorized,  or  repayment  of  the  debts  thereby  created. 

Sec.  5.  No  scrip,  certificate,  or  other  evidence  of  State  del)t  what- 
ever shall  be,  except  for  such  debts  as  are  authorized  by  the  third  and 
fourth  sections  of  this  article. 

Article  X 

MILITIA 

Sec.  1.  The  militia  shall  consist  of  all  able-bodied  white  male  per- 
sons betAveen  the  ages  of  eighteen  and  forty  years,  except  such  as  may 
be  exempt  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. 

Sec.  2.  The  governor  shall  appoint  the  adjutant,  quartermaster, 
and  commissary-general. 

Sec.  3.  xVll  militia  officers  shall  be  commissioned  by  the  governor, 
and  shall  hold  their  offices  not  longer  than  three  years. 

Sec.  4.  The  general  assembly  shall  determine  the  method  of  divid- 
ing the  militia  into  divisions,  brigades,  regiments,  battalions,  and 
companies,  and  fix  the  rank  of  all  officers. 

Sec.  5.  The  militia  may  be  divided  into  classes,  in  such  manner  as 
shall  be  prescribed  by  law. 

Sec.  6.  No  person  conscientiously  opposed  to  bearing  arms  shall  be 
compelled  to  do  militia  duty,  but  such  person  shall  pay  an  equivalent 
for  such  exemption,  the  amount  to  be  prescribed  by  law. 

Sec.  7.  The  first  general  assembly  shall  offer  inducements  for  the 
formation,  uniforming,  and  drilling  independent  volunteer  companies 
in  the  different  cities  and  counties  of  this  State. 


Kansa  s — 1855  1191 

Article  XI 

FINANCE    AND    TAXATION 

Section  1.  The  general  assembly  shall  provide  by  law  for  a  ani- 
form  and  equal  rate  of  assessment  and  taxation,  and  taxes  shall  be 
levied  \\\nm  all  such  property,  real  and  personal,  as  the  general  assem- 
bly may  from  time  to  time  prescribe;  but  all  property  appropriated 
;\nd  used  exclusively  for  municipal,  literary,  educational,  scientific, 
or  charitable  purposes,  and  personal  property  to  an  amount  not  ex- 
ceeding one  hundred  dollars  for  each  head  of  a  family,  and  all  ]:)rop- 
erty  appropriated  and  used  exclusively  for  religious  pur])oses,  to  an 
amount  not  exceeding  two  hundred  thousand  dollars,  may  by  general 
laws  be  exemjDted  from  taxation. 

Sec.  -1.  The  general  assembly  shall  provide  by  law  for  an  annual 
tax  sufficient  to  defray  the  estimated  ordinary  expenses  of  the  State 
for  each  year. 

Sec.  3.  Every  law  imposing  a  tax  shall  state  distinctly  the  object  of 
the  same  to  which  it  shall  be  applied. 

Sec  4.  On  tiie  passage  in  either  house  of  the  general  assembly  of 
any  law  which  imposes,  continues,  or  renews  a  tax,  or  makes,  con- 
tinues, or  renews  an  appropriation  of  public  or  trust  mone}",  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  journal,  and  three-fifths  of  all  the  members  elected  to  such 
house  shall  in  all  such  cases  bo  required  to  constitute  a  quorum. 

Abticle  XII      * 

COUNTY    AND    TOWNSHIP    OFFICERS 

Section  1.  The  general  assembly  shall  provide  by  law  for  the  elec- 
tion of  county,  city,  town,  and  townshij)  officers. 

Sec.  2.  All  officers  Avhose  election  or  api:)ointment  is  not  provided 
for  by  this  constitution  shall  be  elected  b}^  the  people,  or  ajjpointed 
as  the  general  assembly  may  b}^  law  direct. 

Sec  3.  Provision  shall  be  made  by  law  for  the  removal  for  mis- 
conduct, or  malversation  in  office,  of  all  officers  whose  powers  and 
duties  are  not  local  or  legislative,  and  who  shall  be  elected  at  general 
elections,  and  also  for  supplying  vacancies  created  by  such  removal. 

Sec  4.  The  legislature  may  declare  the  cases  in  which  any  office 
shall  be  deemed  vacant,  where  no  provision  is  made  for  that  purpose 
in  this  constitution. 

Article  XIII 

CORPORATIONS 

Section  1.  The  general  asseml)ly  shall  not  create  cor]:)orations  by 
special  act  except  f(U'  municipal  ])uri)()s(>s. 

Sec  2.  Corporations  may  be  formed  under  general  laws,  but  such 
laws  may  at  any  time  be  altered  or  repealed. 


1192  Kansas— 1855 

Article  XIV 

JURISPRUDENC^E 

Section  1.  The  general  assembly,  at  its  first  session,  shall  consti- 
tute three  commissioners,  "whose  duty  it  shall  be  to  revise,  reform, 
simplify,  and  abridge  the  rules  of  practice,  pleadings,  forms,  and  pro- 
ceedings of  the  courts  of  record  of  this  State,  and  to  provide,  so  far  as 
practicable  and  expedient,  that  justice  shall  be  administered  by 
intelligent  and  uniform  proceedings  witliout  any  distinction  between 
laAV  and  equity. 

Sec.  2.  The  proceedings  of  the  commissioners  shall  be  reported  to 
the  general  assembly,  and  be  subject  to  the  action  of  that  body. 

.Vrticle  XV 

MISCELLANEOUS 

Section  1.  The  first  general  assembly  shall  locate  the  permanent 
seat  of  government. 

Sec.  2.  Lotteries  and  the  sale  of  lottery-tickets,  for  any  jjurpose 
whatever,  shall  forever  be  prohibited  in  the  State. 

Sec.  3.  No  person  shall  be  elected  or  appointed  to  any  office  in  this 
State  unless  they  possess  the  qualifications  of  an  elector. 

Sec.  4.  There  may  be  established  in  the  secretary  of  state's  office  a 
bureau  of  statistics  and  agriculture,  under  such  regulations  as  may  be 
prescribed  b}^  law,  and  provision  shall  be  made  by  the  general  assem- 
bly for  the  organization  and  encouragement  of  State  and  county 
agricultural  associations. 

Sec.  5.  The  first  general  assembly  shall  provide  b}'  law  for  secur- 
ing to  the  wife  the  separate  property  acquired  by  her  before  or  after 
coverture,  and  the  equal  right  with  the  husband  to  the  custody  of  the 
children  during  their  minority ;  and  in  case  of  death,  insanity,  intem- 
perance, or  gross  impropriety  of  the  husband,  their  exclusive  custody. 

Article  XVI 

AlMEND^IENTS    TO    THE    CONSTITUTION 

Section  1.  All  propositions  for  amendments  to  the  constitution 
shall  be  made  bj'  the  general  assembly. 

Sec.  2.  A  concurrence  of  two-thirds  of  the  members  elected  to  each 
house  shall  be  necessary,  after  which  such  proposed  amendments  shall 
be  entered  upon  the  journals  with  the  yeas  ancl  nays,  and  the  secretary 
of  state  shall  cause  the  same  to  be  published  in  at  least  one  newspaper 
in  each  county  in  the  State  where  a  newspaper  is  published,  for  at 
least  six  months  preceding  the  next  election  for  senators  and  repre- 
sentatives, when  such  proposed  amendments  shall  be  again  referred 
to  the  legislature  elected  next  succeeding  said  publication.  If  passed 
by  the  second  legislature,  by  a  majority  of  two-tliirds  of  the  members 
elected  to  each  house,  such  amendments  shall  be  republished,  as  afore- 
said, for  at  least  six  months  ])rior  to  the  next  general  election,  at 
which  election  such  proposed  amendments  shall  be  submitted  to  the 
people  for  their  approval  or  rejection,  and  if  the  majority  of  the 


I 


Kansas— 1865  1193 

electors  voting  at  such  election  shall  adopt  such  amendments  the  same 
shall  become  a  part  of  the  constitution. 

Sec.  3.  When  more  than  one  amendment  is  submitted  at  the  same 
lime,  they  shall  be  so  submitted  as  to  enable  the  electors  to  vote  upon 
each  amendment  separately. 

Sec.  4.  No  convention  for  the  formation  of  a  new  constitution  shall 
l>e  called,  and  no  amendment  to  the  constitution  shall  be  by  the  gen- 
eral assembly  made,  before  the  year  ISCr),  nor  more  than  once  in  five 
years  thereafter. 

Article  XVII 

BANKS    AXD    CURRENCY 

Section  1.  No  banks  shall  be  established  otherwise  than  under 
a  general  banking-law. 

Sec.  2.  If  the  general  assembW  shall  enact  a  general  banking-law, 
such  la^^'  shall  provide  for  the  registry  and  countersigning  by  the 
auditor  of  state  of  all  paper-credit  designed  to  be  circulated  as 
money,  with  ample  collateral  security,  readily  convertible  into  specie, 
for  the  redemption  of  the  same  in  gold  or  silver  as  shall  be  required, 
which  collateral  security  shall  be  under  the  control  of  the  proper 
officer  or  officers  of  state.  Such  law  shall  restrict  the  aggregate 
amount  of  all  paper-credit  to  be  circulated  as  money,  and  the  aggre- 
gate amount  to  be  put  in  circulation  in  any  one  year,  and  no  note 
issued  under  the  provision  of  this  section  shall  be  of  a  less  denomina- 
tion than  ten  dollars. 

Sec.  3.  The  stockholders  in  every  bank  or  banking  company  shall 
be  individually  liable,  to  an  amount  over  and  above  their  stock  equal 
to  their  respective  shares  of  stock,  for  all  debts  and  liabilities  of  said 
bank  or  banking  company. 

Sec.  -J:.  All  bills  or  notes  issued  as  money  shall  be  at  all  times 
redeemable  in  gold  or  silver ;  and  no  hiAV  shall  be  passed  sanctioning, 
directly  or  indirectly,  the  suspension,  by  any  bank  or  banking  eom- 
j)an3^,  of  specie  payments. 

Sec.  5.  Holders  of  bank-notes  shall  be  entitled,  in  case  of  insol- 
vency, to  preference  of  specie  payment  over  all  other  creditors. 

Sec.  6.  No  bank  shall  receive,  directly  or  indirectly,  a  greater  rate 
of  interest  tlian  shall  be  allowed  by  law  to  individuals  loaning  money. 

Sec.  7.  Eveiy  bank  or  banking  company  shall  l)e  required  to  cease 
all  banking  operations  within  twenty  years  from  the  time  of  its 
organization,  and  promptly  thereafter  to  close  its  business. 

Sec.  8.  The  State  shall  not  be  a  stockholder  in  any  bank  or  banking 
institution. 

Sec.  0.  All  banks  shall  be  required  to  keep  officers  and  proper  offices 
for  the  issue  and  redemption  of  their  paper,  at  some  accessible  and 
convenient  point  within  the  State. 

Sec.  10.  The  said  banking-law  shall  contain  n  ])rovision  reserving 
the  power  to  altei",  amend,  or  repeal  said  law. 

Sec.  11.  At  the  time  of  submitting  this  constitution  to  the  electors 
for  their  a])proval  or  disapproval,  the  articles  numbered,  in  relation 
to  a  general  l)anking-law,  shall  be  submitted  as  a  distinct  propositiim, 
in  the  following  form:  Generalbanking-hnv — yes  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  lie 
void  and  form  no  part  thereof, 


1194  Kansas— 1855 

Schedule 

In  order  that  no  inconvenience  may  arise  from  the  organization 
and  establishment  of  a  State  government,  and  that  the  wishes  of  the 
people  may  be  fully  accomplished,  it  is  declared — 

First.  That  no  existing  rights,  suits,  prosecutions,  claims,  and  con- 
tracts shall  be  affected  b}-  a  change  in  the  form  of  government. 

Second.  That  this  constitution  shall  be  submitted  to  the  people  of 
Kansas  for  ratification  on  the  15111  day  of  December  next. 

Third.  That  each  qualified  elector  shall  express  his  assent  or  dis- 
sent to  the  constitution  by  voting  a  written  or  printed  ticket,  labelled 
•'  Constitution,"  or  *""  No  constitution,''  which  election  shall  be  held 
by  the  same  judges  and  conducted  under  the  same  regulations  and 
restrictions  as  is  hereinafter  provided  for  the  election  of  members  of 
the  general  assembly,  and  the  judges  therein  named  shall,  within  ten 
days  after  said  election,  seal  up  and  transmit  to  the  chairman  of  the 
executive  committee  of  Kansas  Territory  the  result  of  said  election, 
Avho  shall  forthwith  make  j^roclamation  of  the  same ;  and  in  case  the 
constitution  be  ratified  by  the  peo^^le,  the  chairman  of  the  executive 
committee  shall  cause  publication  to  be  made  by  proclamation  that 
an  election  will  be  held  on  the  third  Tuesday  of  January,  A.  D.  1856, 
for  governor,  lieutenant-governor,  secretar}^  of  state,  treasurer,  audi- 
tor, judges  of  the  supreme  court.  State  printer,  attorney-general, 
reporter  of  the  supreme  court,  clerk  of  the  supreme  court,  and  mem- 
bers of  the  general  assembly,  which  said  election  shall  be  held  by  the 
same  judges,  under  the  same  restrictions  and  conducted  in  the  same 
manner  as  is  hereinafter  provided  for  the  election  of  members  of  the 
general  assembly;  and  the  judges  herein  named  are  hereby  required, 
within  ten  days  after  said  election,  to  seal  up  and  transmit  duplicate 
copies  of  the  returns  of  said  election  to  the  chairman  of  the  executive 
committee,  one  of  which  shall  be  laid  before  the  general  assembly  at 
its  first  meeting. 

Fourth.  At  the  same  time  and  place  the  qualified  voters  shall,  under 
the  same  regulations  and  restrictions,  elect  a  member  of  Congress,  to 
represent  the  State  of  Kansas  in  the  Thirty-fourth  Congress  of  the 
United  States;  the  returns  of  said  election  to  be  made  to  the  chair- 
man of  the  executive  committee,  who  shall  deposit  the  same  in  tl  '^ 
office  of  the  secretary  of  state,  as  soon  as  he  shall  enter  upon  the  di 
charge  of  the  duties  of  his  office. 

Fifth.  The  general  assembly  shall  meet  on  the  fourth  day  or 
March,  A,  D.  1856,  at  the  city  of  Topeka,  at  12  m.,  at  which  time  and 
place  the  governor,  lieutenant-governor,  secretary  of  state,  judge  of 
the  supreme  court,  treasurer,  auditor.  State  printer,  reporter  and 
clerk  of  the  suj^reme  court,  and  attorney-general,  shall  appear,  take 
the  oath  of  office,  and  enter  upon  the  discharge  of  the  duties  of  their 
respective  offices  under  this  constitution,  and  shall  continue  in  office 
in  the  same  manner  and  during  the  same  period  they  Avould  have  done 
had  they  been  elected  on  the  first  Monday'  of  August,  A.  D.  1856. 

Sixth.  Until  otherwise  provided  by  law,  the  State  shall  be  divided 
into  election-districts;  and  the  senators  and  representatives  shall  be 
apportioned  among  the  several  districts  as  follows : 

First  district. — Commencing  in  the  Kansas  Eiver  at  the  mouth  of 
Cedar  Creek;  thence  up  said  river  to  the  first  tributary  above  the 
town  of  Lawrence ;   thence  up  said  tributary  to  its  source ;   thence  by 


Kansas — 1855  1195 

a  direct  line  to  the  west  side  of  Johnson's  house:  thence  b}-  a  due- 
south  line  to  the  Santa  Fe  road,  and  along  the  middle  of  said  road  to 
a  point  due  south  of  the  source  of  Cedar  Creek ;  thence  due  north  to 
the  source  of  Cedar  Creek,  and  down  the  same  to  the  place  of 
lieginning. 

Second  district. — Commencing  at  the  mouth  of  Big  Spring  Branch, 
on  the  south  bank  of  the  Kansas  River:  thence  up  said  branch  to  its 
furthest  source;  thence  by  a  southerly  line,  crossing  the  Wakarusa 
Eiver  on  the  east  side  of  the  house  of  Charles  Matney,  to  the  middle 
of  the  Sante  Fe  road;  thence  along  the  middle  of  said  road  to  the 
line  of  the  first  district ;    thence  by  the  same,  along  the  west  side  of 

the  house  of Johnson,  to  the  head  of  the  first  tributary  of  the 

Kansas  above  the  town  of  Lawrence;  and  thence  by  the  same  tribu- 
tary to  the  Kansas  River,  and  up  the  south  bank  of  said  river  to  the 
mouth  of  Big  Spring  Branch,  the  place  of  beginning. 

Third  district. — Commencing  at  the  mouth  of  Big  Spring  Branch, 
on  the  south  side  of  the  Kansas  River;  thence  up  the  same  to  its 
furthest  source;  thence  by  a  southerW  line  to  the  north  bank  of  the 
AVakarusa  River,  on  the  east  side  of  the  house  of  .Charles  Matney ; 
thence  up  said  river  and  its  main  branch  to  the  line  of  the  Potta- 
watomie reservation ;  and  thence  by  the  southern  and  western  line  of 
said  reservation  to  the  Kansas  River,  and  down  the  said  river  to  the 
place  of  beginning. 

Fourth  district. — Commencing  at  the  Missouri  vState  line,  in  the 
middle  of  the  Santa  Fe  road;  thence  along  the  middle  of  said  road 
to  Rock  Creek,  near  the  ()5th  mile  of  said  road;  thence  south  to  the 
line  of  the  Shawnee  reservation  ceded  by  the  treaty  of  1854;  thence 
due  east,  along  the  south  line  of  said  reservation  and  the  north  lines 
of  the  existing  reservations  of  the  Sacs  and  Foxes,  the  existing  reser- 
vations of  the  Chippewas  and  Ottawas,  and  the  reservations  of  the 
Piankeshaws,  Weas,  Peorias,  and  Kaskaskias.  to  the  ]\Iissouri  State 
line ;   thence  up  the  Missouri  State  line  to  the  place  of  beginning. 

Fifth  district. — Commencing  at  the  Missouri  State  line  at  the 
southern  boundary  of  the  fourth  district;  thence  west  along  the 
same  to  the  northwest  corner  of  the  Sac  and  Fox  reservation ;  thence 
due  south  along  the  west  line  thereof,  and  due  south  to  the  south 
branch  of  the  Neosho  River,  about  seventy  miles  above  the  Catholic 
Osage  mission;  thence  down  said  river  to  the  north  line  of  the 
reserve  for  the  New  York  Indians,  and  east  along  said  line  to  the 
headwaters  of  Little  Osage  River,  or  the  nearest  point  thereto;  and 
thence  down  said  river  to  the  Missouri  State  line,  and  up  said  line  to 
the  place  of  beginning. 

A^ia'th  district. — Commencing  on  the  Missouri  State  line  in  Little 
Osage  River;  thence  up  the  same  to  the  line  of  the  reserve  for  the 
Xew  York  Indians,  or  the  nearest  point  thereto;  thence  to  and  by 
the  north  line  of  said  reserve  to  the  Neosho  River,  and  up  said  river 
and  the  south  branch  thereof  to  the  head ;  and  thence  by  a  due-south' 
line  to  the  southern  line  of  the  Territory ;  thence  by  the  southern  and 
eastern  lines  of  said  Territory  to  the  place  of  beginning. 

Seventh  district. — Commencing  at  the  east  side  of  the  house  of 

Charles  Matney  on  the  Wakarusa  River;    thence  due  south  to  the 

middle  of  the  Santa  Fe  road;   thence  westwardly,  along  the  middle 

of  said  road,  to  Rock  Creek,  near  the  65th  mile  of  said  road;  therice 

7252— VOL  2—07 21 


1196  Kansas— 1855 

due  south  to  the  north  line  of  the  Sac  and  Fox  reservation;  thence 
along  the  north  and  west  line  thereof,  and  due  south,  to  the  Xeosho 
River;  thence  up  said  river  to  a  point  due  south  of  the  mouth  of 
Elm  Creek;  thence  clue  north  to  the  mouth  of  Elm  Creek,  and  up 
said  creek  to  the  Santa  Fe  road;  and  thence  by  a  direct  line  in  a 
northerly  direction  to  the  southwest  corner  of  the  Pottawatomie  res- 
ervation; thence  along  the  southern  line  of  said  reservation  to  the 
headwaters  of  the  Wakarusa  River,  or  the  point  nearest  thereto; 
thence  to  and  down  the  said  river  to  the  place  of  beginning. 

Eighth  district. — Commencing  at  the  mouth  of  Elm  Creek,  one  of 
the  branches  of  Osage  River;  thence  up  the  same  to  the  Santa  Fe 
road ;  thence  by  a  direct  northerlj^  line  to  the  southwest  corner  of  the 
Pottawatomie  reservation  ;  thence  up  the  western  line  thereof  to  Kansas 
River;  thence  up  said  river  and  the  Smoky  Hill  Fork,  beyond  the 
most  westerly  settlements ;  thence  due  south  to  the  line  of  the  Terri- 
tory ;  thence  by  the  same  to  the  line  of  the  sixth  district ;  thence  due 
road;  thence  up  said  road  to  the  north  line  of  the  Territory;  thence 
down  said  river  to  the  line  of  the  seventh  district ;  thence  due  north 
to  the  place  of  beginning. 

Ninth  district. — Commencing  at  Smoky  Hill  Fork,  beyond  the 
most  westerly  settlements;  thence  down  the  same  and  the  Kansas 
River  to  the  mouth  of  Wild  Cat  Creek;  thence  up  said  creek  to  the 
headwaters  thereof;  thence  due  north  to  the  Independence  emigrant 
road;  thence  up  said  road  to  the  north  line  of  the  Territory;  thence 
west,  along  the  same,  beyond  the  most  westerly  settlements;  and 
thence  due  south  to  the  place  of  beginning. 

Tenth  district. — Commencing  at  the  mouth  of  Vermillion  River; 
thence  up  the  same  beyond  the  house  of  Josiah  D.  Adams;  thence  due 
north  to  the  Independence  emigrant  road;  thence  up  the  middle  of 
said  road  to  the  line  of  the  ninth  district ;  thence  by  the  same  to  the 
head  of  Wild  Cat  Creek,  and  down  said  creek  to  the  Kansas  River; 
thence  down  said  river  to  the  place  of  beginning. 

Eleventh  district. — Commencing  in  the  Vermillion  River,  opposite 
the  north  side  of  the  house  of  Josiah  D,  Adams ;  thence  up  said  river 
to  the  head  of  the  main  branch ;  thence  due  north  to  the  military  road 
from  Fort  Leavenworth  to  Fort  Kearney;  thence  along  the  middle 
of  said  road  to  the  crossing  of  the  Vermillion  Branch  of  the  Blue; 
thence  due  north  to  the  northern  line  of  the  Territory;  thence  west, 
along  said  line,  to  the  Independence  emigrant  road ;  thence  down  said 
road  to  a  point  due  west  to  the  north  end  of  the  house  of  Josiah  D. 
Adams,  and  due  east  to  the  place  of  beginning. 

Twelfth  district. — -Commencing  at  the  mouth  of  Soldier  Creek,  in 
the  Kansas  River;  thence  up  said  creek  to  the  head  of  the  main 
branch ;  thence  due  north  to  the  military  road  from  Fort  Leaven- 
worth to  Fort  Kearne}^;  thence  along  the  middle  of  said  road  to  the 
line  of  the  eleventh  district ;  thence  due  south  to  the  head  of  Ver- 
million River,  down  Vermillion  River  to  the  mouth,  and  down 
Kansas  River  to  the  place  of  beginning. 

Thirteenth  district. — Commencing  in  the  Kansas  River,  at  a  point 
three  miles  above  the  mouth  of  Stranger  Creek;  thence  in  a  north- 
wardly direction  b}"  a  line  corresponding  to  and  three  miles  west  of 
the  several  courses  of  said  creek  to  the  line  of  the  Kickapoo  reserva- 
tion; thence  by  the  southern  and  western  line  of  said  reserA^ation  to 
the  militarv  road  from  Fort  Leavenworth  to  Fort  Kearnev;  thence 


i 


Kansas— 1855  1197 

along  the  middle  of  said  road  to  the  line  of  the  twelfth  district ; 
thence  due  south  to  the  head  of  Soldier  Creek,  down  Soldier  Creek 
to  the  mouth,  and  down  Kansas  River  to  the  place  of  beginning. 

F ourteenth  district. — Commencing  at  the  mouth  of  Independence 
Creek;  thence  up  said  creek  to  the  head  of  the  main  branch,  and 
thence  due  west  to  the  line  of  the  late  Kickapoo  reservation;  thence 
north  along  said  line  and  the  line  of  the  late  Sac  and  Fox  reservation 
to  the  north  line  of  the  Territory;  thence  along  said  line  eastwardly 
to  the  Missouri  River,  and  down  said  river  to  the  place  of  beginning. 

Fifteenth  district. — Commencing  at  the  mouth  of  Salt  Creek  on 
the  Missouri  River;  thence  up  said  creek  to  the  military  road,  and 
along  the  middle  of  said  road  to  the  lower  crossing  of  Stranger 
Creek ;  thence  up  said  creek  to  the  line  of  the  late  Kickapoo  reserva- 
tion, and  thence  along  the  southern  and  western  line  thereof  to  the 
line  of  the  fourteenth  district ;  thence  by  the  same,  and  down  Inde- 
pendence Creek  to  the  mouth  thereof,  and  thence  down  the  Missouri 
River  to  the  place  of  beginning. 

Sixteenth  district. — Commencing  at  the  mouth  of  Salt  Creek ;  thence 
up  said  creek  to  the  military  road;  thence  along  the  middle  of  said 
road  to  the  lower  crossing  of  Stranger  Creek;  thence  up  said  creek 
to  the  line  of  the  late  Kickapoo  reservation,  and  thence  along  the 
same  to  the  line  of  the  thirteenth  district,  and  thence  by  the  same, 
along  a  line  corresponding  to  the  source  of  Stranger  Creek,  and  keep- 
ing three  miles  west  thereof,  to  the  Kansas  River;  thence  down  the 
Kansas  River  to  the  Missouri,  and  up  the  Missouri  River  to  the  place 
of  beginning. 

Seventeenth  district. — Commencing  at  the  mouth  of  the  Kansas 
River;  thence  u])  the  south  bank  thereof  to  the  mouth  of  Cedar  Creek; 
thence  up  Cedar  Creek  to  its  source;  and  thence  due  south  to  the 
Santa  Fe  road,  along  the  middle  of  said  road  to  the  Missouri  State 
line,  and  along  said  line  to  the  place  of  beginning. 

Eic/hteenth  district. — Commencing  in  the  military  road  at  the  cross- 
ing of  the  Vermillion  branch  of  Blue  River;  thence  due  north  to  the 
line  of  the  Territory;  thence  east,  along  said  line,  to  the  fourteenth 
district;  thence  due  south  along  said  line  to  the  aforesaid  military 
road,  and  along  the  middle  of  said  road  to  the  place  of  beginning. 

Senatorial  and  representative  district. — 1st.  The  first  election-dis- 
trict shall  be  entitled  to  three  senators  and  eight  representatives. 

2d.  The  second  election-district  shall  be  entitled  to  one  senator  and 
three  representatives. 

3d.  The  third  election-district  shall  be  entitled  to  one  senator  and 
three  representatives.. 

4th.  The  fourth  and  seventeenth  election-districts  shall  constitute 
the  fourth  senatorial  and  representative  district,  and  be  entitled  to 
one  senator  and  two  representatives. 

5th.  The  fifth  election-district  shall  be  entitled  to  three  senators 
and  nine  representatives. 

6th.  The  sixth,  seventh,  and  eighth  election-districts  shall  consti- 
tute the  sixth  senatorial  and  representative  district,  and  be  entitled  to 
two  senators  and  five  representatives. 

7th.  The  ninth  and  tenth  election-districts  shall  constitute  the  sev- 
enth senatorial  district,  and  be  entitled  to  one  senator  and  four  rep- 
resentatives. 


1198  Kansas— 1855 

8th.  The  eleventh  and  twelfth  election-districts  shall  constitute  the 
eighth  senatorial  and  representative  district,  and  be  entitled  to  one 
senator  and  tliroe  representatives. 

0th.  The  thirteenth  election-district  shall  constitute  the  ninth  sena- 
torial and  representative  district,  and  l)e  entitled  to  one  senator  and 
two  representatives. 

10th.  The  fourteenth  and  eighteenth  election-districts  shall  consti- 
tute the  tenth  senatorial  and  representative  district,  and  be  entitled 
to  two  senators  and  seven  representatives. 

11th.  The  fifteenth  election-district  shall  constitute  the  eleventh 
senatorial  and  representative  district,  and  be  entitled  to  one  senator 
and  five  representatives. 

12th.  The  sixteenth  election-district  shall  constitute  the  twelfth 
senatorial  and  representative  district,  and  be  entitled  to  three  senators 
and  nine  representatives. 

Sec.  3.  Until  otherwise  provided  bv  law,  the  election  in  the  several 
districts  shall  be  held  at  the  following  places,  and  the  following- 
named  persons  are  hereby  appointed  as  judges  of  the  elections: 

PLACES    OF    VOTING 

Sec.  4.  First  sennforial  distrk-t. — Lawrence  precinct,  at  the  Free 
State  Hotel;  A.  D.  Searle,  Lyman  Allen,  Henry  Bronson,  judges. 

P'ranklin  precinct,  at  the  store  of  Mr.  Purdam;  James  McGee, 
Horace  L.  Enos,  I.  Purdam,  judges. 

Blanton  precinct,  at  the  house  of  J.  B.  Abbott ;  John  Stewart,  R. 
Vaughn,  P.  T.  Hupp,  judges. 

Palmyra  precinct,  at  the  house  of  H.  Barricklow;  H.  Barricklow, 
Louis  Green,  A.  Pierson,  judges. 

Second  senatorial  district. — Bloomington  precinct,  at  the  house  of 
H.  Burson ;  Samuel  Smith,  Daniel  Vancil.  J.  M.  Dunn,  judges. 

Third  senatorial  district. — Washington  precinct,  at  the  house  of 
^X.  E.  Frost ;  AV.  Riley,  Caleb  Antram".  Eli  Allen,  judges. 

Tecumseh  precinct.' at  the  house  of  J.  Taylor;  Charles  Jordan, 
John  Morris,  Francis  Grassmuck,  judges. 

Topeka  precinct,  at  the  law-office  of  E.  C.  K.  Garvey;  Dr.  F.  L. 
Grain,  Milton  C.  Dickey,  J.  F.  Cummings,  judges. 

Brownsville  precinct,' at  the  house  of  G.  "\V.  Brown:  G.  W.  Brown. 
Mr.  Simmerwell,  Dr.  BoAven,  judges. 

Fourth  senatorial  district. — Prairie  City  precinct,  at  the  house  of 
Samuel  Mewhenny:  ^Y.  Moore,  Samuel  "^"Workman,  Amos  Hanna, 
judges. 

Mission  precinct,  at  the  Baptist  mission  building;  G.  L.  Osborn, 
S.  M.  Cornautzer,  Lewis  Dougherty,  judges. 

AVakarusa  precinct,  at  the  store  of  Paschal  Fish;  L.  H.  Bascom, 
Ellis  Bond,  A.  G.  Green,  judges. 

Fifth  senatorial  district. — Osawatomie  precinct,  at  the  house  of 
Samuel  Geer;  William  Chestnut.  B.  Woodbury,  William  Sailing, 
judges. 

Stanton  precinct,  at  the  house  of  Mr.  Staniford;  J.  Woollard,  Mr. 
Morse,  W.  G.  Nichols,  judges. 

Pottawatomie  precinct,  at  the  meeting-house;  F.  Brown,  J.  Grant, 
S.  B.  Morse,  judges. 

Hampden  precinct,  at  the  house  of  W.  A.  Ela ;  W.  A.  -Ela, 
Chauncey  Morse,  George  LaAv,  judges. 


i 


Kansas— 1855  1199 

Siiofar  Creek  precinct,  ut  the  liouse  of  Silas  Young;  Silas  Young, 
James  AV,  Dudley.  AVilliam  Dver.  judges. 

Little  Sugar  Creek  precinct,  at  the  house  of  Isaac  D.  Stockton; 
I.  D.  Stockton.  Thomas  Sears,  James  Osborn,  judges. 

Little  Osage  precinct,  at  Miller's  store :  Thomas  Osborn,  Mr.  Miller, 
Mr.  Fawbus,  judges. 

Osage  precinct,  at  the  house  of  Thomas  Polks;  Mr.  Wycotf,  Mr. 
,  Mr. ^ — ,  judges. 

Sixth  senatorial  (listrict. — Scott's  Town  precinct,  at  the  house  of 
Mr.  Vandevre;  T.  Crabtree,  Isaac  Chatham.  F.  S.  Froscel,  judges. 

Titus  precinct,  at  the  house  of  J.  V>.  Titus,  on  the  Santa  Fe  road; 
J.  B.  Titus,  John  Drew,  AV.  Lord,  judges. 

Council  Grove  precinct,  at  the  mission  house;  J.  Goodell,  G.  H. 
Rees,  B.  Wright,  judges. 

Waubonsa  precinct,  at  the  house  of  John  FI.  Xesbit,  in  Waubonsa ; 
E.  R.  McCurdy,  J.  :\I.  Bisby,  D.  B.  Hiatt,  judges. 

Mill  Creek  precinct,  at  the  house  of  J.  E.  Hoenick;  J.  E.  Hoenick, 
, ,  judges. 

Ashland   precinct,  at   the   house  of  ;   ]\Ir.    Adams, 

, ,  judges. 

Clark  Creek  precinct,  at  some  suitable  place  near  the  junction  of 
Clark  and  Humboldt  Creeks;  William  ^IcCready,  Mr.  Berry,  Mr. 
Mitchell,  judges. 

Sercnth  senatorial  (listrict. — Pawnee  precinct,  at  Loder  &  Shaw's 
store,  in  Pawnee;  S.  P.  Higgins,  W.  ]M.  ]McClure,  L.  Knapp.  judges. 

Big  Blue  precinct,  at  the  house  of  S.  B.  I\yer,  in  Juniata ;  J.  Stew- 
art, S.  D.  Houston,  J.  T.  Goodenow,  judges. 

Rock  Creek  precinct,  at  the  house  of  Mr.  Haitt ;  James  Darnell, 
Charles  Jenkins,  Henry  Renmiell,  judges. 

Eighth  senatorial  district. — Black  Vermillion  precinct,  at  some 
suitable  house  in  said  precinct  on  the  Vermillion  Branch  of  the  Blue 
Riyer;  John  Shmidt,  Mr.  Hollingburg.  Mr.  Alyey,  judges. 

St.  Marj^'s  precinct,  at  the  house  of  B.  F.  Bertrand;  Dr.  Palmer, 
C.  Garrett,  C.  Dean,  judges. 

Silver  Lake  precinct,  at  some  suitable  house  at  Indianola ;  E.  Ken- 
nedy, J.  "W.  Hopkins,  John  G.  Thompson,  judges, 

NintJi  senatorial  district. — -Daton  precinct,  at  the  store  of  liainter 
&  Hoover;  Lewis  Hoover,  Xathan  Adams,  G.  B.  Hall,  judges. 

Grasshopper  Falls  precinct,  at  the  house  of  the  mill  couiDanv; 
S.  H.  Dunn,  John  W.  Clark,  J.  B.  Ross,  judges. 

Whitfield  precinct,  at  the  house  of  J.  B.  Chapman ;  Thomas  Jen- 
ners,  Vincent  D.  Cohee,  James  A.  Gray,  judges. 

Tenth  senatorial  district. — California  precinct,  at  llie  house  of 
W.  W.  Moore:   W.  W.  Moore,  W.  Jacksou.  judges. 

Iowa  Point  precinct,  at  the  house  of  Mr.  McCall:  Mi-.  Hanley, 
Mr.  Pader,  judges. 

Voters  on  Independence  and  Deer  Creeks  will  vote  at  Doniphan. 

St.  Jo.  Bottom  precinct,  at  the  house  of  B.  Harden:  (teorge  Bry- 
ant, H.  Small  wood.  A.  A.  Jamison,  judges. 

Burr  Oak  precinct,  at  the  house  of  Mr.  AVilsou  :  Mr.  lirock.  ]\Ir. 
Wilson,  Thomas  ^SlcCulloch.  judges. 

Palermo  precinct,  at  th(>  liouse  of  R.  Mmtiu  :  John  'White,  R.  Ladd, 
N.  White,  judges. 

Doniphan  precinct,  at  Collins'  Mill;  David  Lee,  D.  W.  Fields,  J. 
McNamee,  judges. 


1200  Kansas— 1855 

AYolf  River  precinct,  at  the  house  of  Mr.  Searl;  Mr.  Searl,  Mr. 
Ulse,  Mr.  Richardson,  judges. 

Eleventh  nenatorial  district. — Kickapoo  precinct,  at  some  suitable 
house  in  Kickapoo  City;  Dr.  jVIcCornias,  Mr.  Zimmerman.  ^Ir.  Boyd, 
judges. 

Port  William  precinct,  at  the  house  of  Dr.  Hathaway:  I)i-.  TTalli- 
away,  Mr.  Oliphant,  ]Mr.  Potter,  judges. 

Mount  Pleasant  precinct,  at  the  house  of  M.  A.  Potter:  Mr.  Rida- 
way,  P>.  Elliott,  M.  A.  Potter,  judges. 

Oceana  precinct,  at  the  store  of  Crosby  &  Co.;  Archibald  Elliott, 
A.  Landrum,  S.  J.  H.  Snyder,  judges. 

Atchinson  precinct,  at  the  house  of  Mr.  Bay;  R.  Mecubbins,  ^Vlr. 
Bay,  Henry  Williams,  judges. 

Ticelfth  senatorial  district. — Leavenworth  precinct,  at  the  office  of 
Gardiner  &  Dodge;  Adam  Fisher,  Thomas  H.  Doyle,  Hide  Hoolc, 
judges. 

Easton  precinct,  at  the  house  of  T.  A.  ]\Iaynard;  T.  A.  Maynard, 
(t.  J.  Clark,  Wm.  Pennock,  judges. 

Wyandot  precinct,  at  the  council-house  in  Wyandot  City ;  Abclard 
Guthrie,  G.  J.  Clark,  Ebenezer  Lane,  judges. 

The  executive  committee  of  Kansas  Territory  is  authorized  ic 
appoint  additional  precincts  and  judges  therefor. 

INSTRUCTIONS    TO    JUDGES 

Sec.  T.  The  three  judges  will  provide  for  each  poll  ballot-boxes 
for  depositing  the  ballots  cast  by  electors;  shall  appoint  two  clerks, 
all  of  whom  shall  be  sworn  or  affirmed  to  discharge  the  duties  of  their 
respective  offices  impartially  and  Avith  fidelity;  and  the  judges  and 
clerks  shall  have  power  to  administer  the  oath  or  affirmation  to  each 
other;  and  the  said  judges  shall  open  said  election  at  9  o'clock  a.  m., 
at  the  place  designated  in  each  precinct,  and  close  the  same  at  0 
o'clock  p.  m.  Li  case  any  of  the  officers  appointed  fail  to  attend, 
the  officer  or  officers  in  attendance  shall  supply  their  places,  and  in  the 
event  of  all  of  them  failing  to  attend,  the  qualified  voters  shall  sup- 
ply their  places,  and  the  said  judges  shall  make  out  duplicate  returns 
of  said  election,  seal  up  and  transmit  the  same  within  ten  days  to 
the  chairman  of  the  executive  committee,  one  copy  of  which  is  to  be 
laid  before  the  general  assembly.  If,  at  the  time  of  holding  said 
election,  it  shall  be  inconvenient,  from  any  cause  whatever,  that  would 
disturb  or  prevent  the  voters  of  any  election-precinct  in  the  Territory 
from  the  free  and  peaceable  exercise  of  the  elective  franchise,  the 
officers  are  hereby  authorized  to  adjourn  said  election  into  any  other 
precinct  in  the  Territory,  and  to  any  other  day  they  may  see  proper, 
of  the  necessity  of  which  they  shall  be  the  exclusive  judges,  at  which 
time  and  place  the  qualified  voters  may  cast  their  votes. 

Sec.  8.  LTntil  otherwise  provided  by  law,  the  chairman  of  the  execu- 
tive committee  of  Kansas  Territory  shall  announce  by  proclamation 
the  result  of  the  election,  and  the  names  of  persons  elected  to  office. 

Sec.  0.  Xo  person  shall  be  entitled  to  a  seat  in  the  first  general 
assembly  at  its  organization  except  the  members  Avhose  names  are 
contained  in  the  proclamation  of  the  chairman  of  the  executiA^e  com- 
mittee, but  after  the  general  assembly  is  organized,  seats  may  be 
contested  in  the  usual  waA\ 


I 


Kansas— 1857  1201 

Sec.  10.  Certificates  of  indebtedness  may  be  issued  by  the  terri- 
torial executive  committee  for  all  necessary  expenses  accruing  in  the 
formation  of  the  State  government,  not  exceeding  twenty-five  thou- 
sand dollars:  Prooided^  Xo  certificate  shall  be  issued  except  for 
legitimate  expenses.  All  claims  shall  be  made  in  writing,  and  shall 
be  numbered  and  kept  on  file  in  the  secretary's  office,  and  all  certifi- 
cates of  indebtedness  shall  be  signed  by  the  president  and  secretar}-, 
and  countersigned  by  the  treasurer,  and  numbered  to  correspond  with 
the  number  of  the  claim  or  bill  for  which  it  was  issued.  The 
certificate  shall  bear  10  per  cent,  interest  per  annum. 

Sec.  11.  The  first  general  assembly  shall  provide  by  law  for  the 
redemption  of  the  certificates  of  indebtedness  issued  under  the  pro- 
visions of  the  foregoing  section. 

Sec.  12.  Until  the  great  seal  of  the  State  of  Kansas  is  agreed  upon 
and  procured,  as  provided  for  in  the  eleventh  section  of  the  fifth 
article  of  this  constitution,  the  governor  shall  use  his  own  private 
seal  as  the  seal  of  state. 

Sec.  13.  At  the  election  for  the  ratification  of  this  constitution,  and 
the  first  election  for  State  officers,  a  representation  in  the  Congress 
of  the  United  States,  and  members  of  the  general  assembly  of  this 
State,  an  actual  residence  in  the  Territory  of  thirty  days  immediately 
preceding  said  election  shall  be  sufficient  as  a  qualification  for  the 
elector,  and  an  actual  residence  of  ninet}^  days  for  the  candidates: 
Prorided,  Said  electors  and  candidates  possess  all  the  other  qualifica- 
tions required  by  the  provisions  of  this  constitution. 

Sec.  1-1.  The  first  legislature  shall  provide  by  law  for  the  enforce- 
ment of  the  provisions  of  the  sixth  section  of  the  bill  of  rights  on  or 
before  the  4th  day  of  July,  1857,  as  to  all  persons  in  the  Territory 
before  the  adoption  of  this  constitution,  and  as  to  all  others  the 
provisions  of  said  section  shall  operate  from  and  after  the  ratification 
of  this  constitution  by  the  people. 

J.  H.  Lane,  President. 

Sam.  C.  Smith,  Secretary. 

Chas.  a.  Foster.  Asshtant  Secretary. 

CONSTITUTION  OF  KANSAS— 1857  « 

rREA:>[15LE 

AVe,  the  people  of  the  Territory  of  Kansas,  by  our  representatives 
in  convention  assembled,  at  LecomiJton,  in  said  Territory,  on  ^Monday, 
the  fourth  day  of  September,  one  thousand  eight  hundred  and  fifty- 
seven,  and  of  the  independence  of  the  United  States  of  America  the 

a  This  constitution  was  adopted  at  a  convention  which  met  at  Leconipton. 
September  5,  isr>7,  adjourned  for  a  month,  and  completed  Its  labors  November  7, 
]85T.  It  was  immediately  forwarded  to  President  Buchanan.  The  clause 
sanctioninj:  slave  holdinjr  was  submitted  to  the  peojde  of  Kansas,  and  ratified 
December  '.\\.  18r>7,  ret-eivins  •!.22tJ  votes,  against  .58!)  votes.  The  entire  consti- 
tution, with  its  conditional  propositions,  was  submitted  to  the  people  of 
Kansas  by  its  advocates  and  by  its  opponents,  and  each  claimed  the  support  of 
a  majority.  It  was  claimed  that  on  the  21st  of  December,  18.">8.  the  constitution 
with  slavery  was  ratified,  receiving  ri.l4;>  votes,  again.st  589  for  the  constitution 
without  slavery;  and  it  was  also  claimed  that  on  the  4th  of  January.  1859, 
the  con.stitution  was  rejected,  receiving  1;J8  votes  for  it  with  slavery,  24  votes 
for  it  without  slavery,  and  10,120  votes  against  it. 


1202  Kansas— 1857 

eighty-second  year,  having  the  right  of  admission  into  the  Union  as 
one  of  the  United  States  of  America,  consistent  with  the  Federal 
Constitution  and  by  virtue  of  the  treaty  of  cession  by  France  to  the 
United  States  of  the  province  of  Louisiana,  made  and  entered  into 
on  the  thirtieth  (hiy  of  April,  one  thousand  eight  hundred  and  three, 
and  by  virtue  of,  and  in  accordance  with,  tlie  act  of  Congress  passed 
March  the  thirtieth,  one  thousand  eight  hundred  and  fifty-four, 
entitled  "An  act  to  organize  the  Territories  of  Nebraska  and  Kansas," 
in  order  to  secure  to  ourselves  and  to  our  posterity  the  enjoyment  of 
all  the  rights  of  life,  liberty,  and  property,  and  the  free  pursuit  of 
happiness,  do  mutually  agree  with  each  other  to  form  ourselves  into 
a  free,  independent,  and  sovereign  State,  by  the  name  and  style  of  the 
State  of  Kansas,  and  do  ordain  and  establish  the  following  constitu- 
tion for  the  government  thereof : 

Article  I 

BOUNDARIES 

We  do  declare  and  establish,  ratif}"  and  confirm,  the  following  as 
the  permanent  boundaries  of  the  said  State  of  Kansas,  that  is  to  say : 
Beginning  at  a  point  on  the  western  boundary  of  the  State  of  Missouri 
where  the  thirty-seventh  parallel  of  north  latitude  crosses  the  same ; 
thence  west  on  said  parallel  to  the  eastern  boundary  of  Xew  ^Mexico ; 
thence  north  on  said  boundary  to  latitude  thirty-eight ;  thence  follow- 
ing said  boundary  Avestward  to  the  east  boundary  of  the  Territory  of 
Utah,  on  the  summit  of  the  Ivocky  Mountains;  thence  northward  on 
said  summit  to  the  fortieth  parallel  of  latitude ;  thence  east  on  said 
parallel  to  the  Avestern  boundary  of  the  State  of  ]Missouri;  thence 
south  with  the  western  boundary  of  said  State  to  the  j^lace  of  begin- 
ning. 

Article  II 

COUNTY    BOUNDARIES 

No  county  now  established  which  borders  upon  the  ISIissouri  Eiver, 
or  upon  either  bank  of  the  Kansas  River,  shall  ever  be  reduced  by  the 
formation  of  new  counties  to  less  than  twenty  miles  square :  nor  shall 
any  other  county  now  organized,  or  hereafter  to  be  organized,  be 
reduced  to  less  than  five  hundred  square  miles. 

Article  III 

DISTRIBUTION    OF    POWERS 

The  power  of  the  government  of  the  State  of  Kansas  shall  be 
divided  into  three  separate  departments — the  executive,  the  legisla- 
tive, and  the  judicial;  and  no  person  charged  with  the  exercise  of 
powers  properly  belonging  to  one  of  these  departments  shall  exercise 
any  functions  appertaining  to  either  of  the  others,  except  in  the  cases 
hereinafter  expressly  directed  or  permitted. 


Kansas— 1857  1203 

Article  IV 

EXECUTIVE    DEPARTMENT 

Section  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. 

Sec.  2.  The  governor  shall  be  elected  by  the  qualified  electors  of 
the  State.  The  returns  of  every  election  for  governor  shall  be  sealed 
up  and  transmitted  to  the  seat  of  government,  directed  to  the  secretary 
of  state,  who  shall  deliver  them  to  the  speaker  of  the  house  of  repre- 
sentatives at  the  next  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  liighest  number  of  votes  shall  be  governor;  but  if  two  or  more 
shall  be  equal,  and  having  received  the  highest  number  of  votes,  then 
one  of  them  shall  be  chosen  governor  b}^  the  joint  ballot  of  both 
houses  of  the  legislature.  Contested  elections  for  governor  shall  be 
determined  by  both  houses  of  the  legislature  in  such  manner  as  may 
be  prescribed  by  law. 

Sec.  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 
resided  in  this  State  at  least  five  years  next  preceding  the  day  of  his 
election,  or  from  the  time  of  the  formation  of  this  constitution,  and 
shall  not  be  capable  of  holding  the  office  more  than  four  3^ears  in  an}' 
term  of  six  years. 

Sec.  4.  He  shall,  at  stated  terms,  receive  for  his  services  a  com- 
jjensation  which  shall  be  fixed  by  law,  and  shall  not  be  increased  or 
diminished  during  the  term  for  which  he  shall  be  elected. 

Sec.  5.  He  shall  be  commander-in-chief  of  the  xVrmy  and  Xavy  of 
this  State,  and  of  the  militia,  except  when  they  shall  be  called  into  the 
service  of  the  United  States. 

Sec.  C).  He  may  require  information  in  writing  from  officers  in  the 
executive  department  on  any  subject  relating  to  the  duties  of  their 
respective  offices. 

Sec.  7.  He  may,  in  cases  of  emergency,  convene  the  legislature  at 
the  seat  of  government,  or  at  a  difi'erent  place,  if  that  shall  have 
become,  since  their  last  adjournment,  dangerous  from  an  enemy  or 
disease;  and  in  case  of  a  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  adjourn  them  to  such  time  as  he 
may  think  proper,  not  beyond  the  next  stated  meeting  of  the 
legislature. 

Sec.  8.  He  shall,  from  time  to  time,  give  to  the  legislature  informa- 
tion of  the  state  of  the  government,  and  recommend  to  their  con- 
sideration such  measures  as  he  may  deem  necessary  and  expedient. 

Sec.  9.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  10.  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  in  cases  of  forfeitures,  to  stay  the  col- 
h'ctiou  until  the  end  of  the  next  session  of  the  legislature,  and  to 
remit  forfeitures  by  and  with  the  advice  and  consent  of  the  senate. 
In  cases  of  treason  he  shall  have  poAver  to  grant  reprieves  by  and 


1204  Kansas— 1857 

witli  the  advice  and  consent  of  the  senate,  but  may  respite  the  sen- 
tences until  the  end  of  the  next  session  of  the  legishiture. 

Sec,  11,  All  conniiissions  shall  be  in  the  name  and  by  the  autiiority 
of  the  State  of  Kansas,  be  sealed  with  the  great  seal,  and  signed  by 
the  governor,  and  attested  by  the  secretary  of  state. 

Sec.  12.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by 
the  governor,  and  used  by  him  officially,  and  the  ])resent  seal  of  this 
Territory  shall  be  the  seal  of  the  State  until  otherwise  directed  by 
the  legislature. 

Sec.  13.  All  vacancies  not  provided  for  in  this  constitution  shall 
be  filled  in  such  manner  as  the  legislature  may  prescribe. 

Sec.  14.  The  secretary  of  state  shall  be  elected  by  the  qualified 
electors  of  the  State,  and  shall  Qontinue  in  office  during  the  term  of 
two  years,  and  until  his  successor  is  qualified.  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  by  law. 

Sec.  15.  Every  bill  which  shall  have  passed  both  houses  of  the  leg- 
islature 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 
length  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,  wdth  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  each  house 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  the  mem- 
bers voting  for  and  against  the  bill  shall  be  entered  upon  the  journals 
of  each  house,  respectively.  If  any  bill  shall  not  be  returned  by  the 
governor  Avithin  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  adjournment,  prevent 
its  return,  in  which  case  it  shall  not  become  a  law. 

Sec.  10.  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 
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  pre- 
scribed in  case  of  a  bill. 

Sec.  17.  A  lieutenant-governor  shall  be  elected  at  the  same  time 
and  for  the  same  term  as  the  governor,  and  his  qualifications  and  the 
manner  of  his  election  shall  be  the  same  in  all  respects. 

Sec.  18.  In  case  of  the  removal  of  the  governor  from  office,  or  of  his 
death,  failure  to  qualify,  resignation,  removal  from  the  State,  or  ina- 
bility to  discharge  the  powers  and  duties  of  the  office,  the  said  office, 
with  its  compensation,  shall  devolve  upon  the  lieutenant-governor, 
and  the  legislature  shall  provide  by  law  for  the  discharge  of  the  exec- 
utive functions  in  other  necessary  cases. 

Sec.  10.  The  lieutenant-governor  shall  be  the  president  of  the  sen- 
ate, but  shall  have  no  vote  except  in  the  case  of  a  tie,  when  he  may 


Kansas— 1867  1205 

give  the  casting  vote ;  and  while  acting  as  such  shall  receive  a  com- 
pensation equal  to  that  alloAvecl  to  the  speaker  of  the  house  of 
representatives. 

Sec,  20.  A  sheriff  and  one  or  more  coroners,  a  treasurer  and  sur- 
vej'or,  shall  be  elected  in  each  countv  by  the  qualified  electors  thereof, 
Avho  shall  hold  their  office  for  two  years,  unless  sooner  removed, 
except  thata  the  coroner  shall  hold  office  until  his  successor  be  duly 
qualified. 

Sec.  21.  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. 

Article  V 

LEGISLATIVE    DErART:MENT 

Section  1.  The  legislative  authority  of  this  State  shall  be  vested  in 
a  legislature,  which  shall  consist  of  a  senate  and  house  of  representa- 
tives. 

Sec.  2.  Xo  i:)erson  holding  office  under  the  authority  of  the  United 
States,  except  postmasters,  or  any  lucrative  office  under  the  authority 
of  this  State,  shall  be  eligible  to  or  have  a  seat  in  the  legislature ;  but 
this  provision  shall  not  extend  to  township  officers,  justices  of  the 
peace,  notaries  public,  or  militia  officers. 

Sec.  3.  Xo  person  who  has  been,  or  may  hereafter  be,  convicted  of  a 
penitentiary  offence,  or  of  an  embezzlement  of  the  public  funds,  shall 
hold  any  office  in  this  State:  nor  shall  any  person  holding  public 
money  for  disbursement  or  otherwise  have  a  seat  in  the  legislature, 
until  he  shall  have  accounted  for  and  paid  such  money  into  the 
treasury. 

Sec.  4.  The  members  of  the  house  of  representatives  shall  be  elected 
by  the  qualified  electors,  and  shall  serve  for  the  term  of  two  years 
from  the  close  of  the  general  election  and  no  longer. 

Sec.  5.  The  senators  shall  be  chosen  for  the  term  of  four  years,  at 
the  same  time,  in  the  same  manner,  and  at  the  same  places  as  are 
herein  provided  for  members  of  the  house  of  representatives. 

Sec.  G.  At  the  first  session  of  the  legislature  the  senate  shall,  by  lot. 
divide  their  senators  into  two  classes:  and  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,  so' that 
one-half,  as  near  as  may  be.  may  be  chosen  thereafter  every  two  years 
for  the  term  of  four  years. 

Sec.  7.  The  number  of  senators  shall  not  be  less  than  thirteen  nor 
more  than  thirty-three;  and  at  any  time  when  the  number  of  sena- 
tors is  increased,  they  shall  be  annexed  by  lot  to  one  of  the  tAvo  classes, 
so  as  to  keej)  them  as  nearly  equal  in  number  as  possible. 

Sec.  8.  The  number  of  members  of  the  house  of  representatives 
shall  not  be  less  than  thirty-nine,  nor  more  than  one  hundred. 

Sec.  0.  The  style  of  the  laws  of  this  State  shall  be.  ^^Be  it  enacted 
hy  the  legislatvre  of  the  State  of  Kansaft.'''' 

Sec.  10.  Each  house  may  determine  the  rules  of  its  own  proceed- 
ings, punish  its  members  for  disorderly  behavior,  and,  with  the  con- 


1206  Kansas— 1857 

sent  of  two-thirds,  may  expel  a  nieniber,  but  not  a  second  time  for  tiie 
same  offence.  The  names  of  the  members  voting  on  the  question  sliall 
be  spread  upon  Ihe  journal. 

Sec.  11.  Each  house  during  the  session  may,  in  its  discretion,  pun- 
ish by  fine,  imprisonment,  or  both,  any  person  not  a  member,  for  dis- 
respectful or  disorderly  behavior  in  its  presence,  or  for  obstructing 
any  of  its  proceedings:  Pro  ruled.  Such  fine  shall  not  exceed  tAvo  hun- 
dred dollars,  or  such  imprisonment  shall  not  extend  beyond  the  end  of 
the  session. 

Sec.  12.  Each  house  of  the  legislature  shall  keep  a  journal  of  its 
proceedings,  and  cause  the  same  to  be  published  as  soon  after  the 
adjournment  as  may  be  provided  by  law. 

Sec.  13.  Neither  house  during  the  session  of  the  legislature  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than  three  days, 
(Smidays  excepted,)  nor  to  any  other  place  than  that  in  which  they 
may  be  sitting. 

Sec.  14.  The  senate,  when  assembled,  shall  choose  its  officers,  and 
the  house  of  representatives  shall  choose  a  speaker  and  its  other  offi- 
cers, and  each  branch  of  the  legislature  shall  be  the  judge  of  the  quali- 
fications, elections,  and  returns  of  its  members. 

Sec.  15.  A  majority  of  each  house  of  the  legislature  shall  consti- 
tute a  quorum  to  do  business,  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  compel  the  attendance  of  absent  members  in  such 
manner  as  each  house  may  prescribe. 

Sec.  16.  Each  member  of  the  legislature  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  term 
for  which  the  members  '\re  elected  when  such  laAv  passed. 

Sec.  17.  Bills  may  originate  in  either  house,  but  may  be  altered, 
amended,  or  rejected  by  the  other,  and  all  bills  shall  be  read  by  sec- 
tions on  three  several  days,  except,  on  an  extraordinary  occasion,  two- 
thirds  of  the  members  may  dispense  with  such  reading,  but  in  no  case 
shall  a  bill  bo  ]:)assed  without  having  once  been  read :  and  every  bill 
having  passed  both  houses  shall  be  signed  by  the  speaker  and  presi- 
dent in  the  presence  of  their  respective  houses. 

Sec.  18.  The  legislature  shall  provide  by  law  for  filling  all  vacan- 
cies that  may  occur  in  either  house  by  the  death,  resignation,  or  other- 
wise of  any  of  its  members. 

Sec.  19.  The  doors  of  each  house  shall  be  open,  except  on  such  occa- 
sions as,  in  the  opinion  of  the  house,  the  public  safety  may  require 
secrecy. 

Sec.  20.  Every  law  enacted  by  the  legislature  shall  embrace  but  one 
subject,  and  that  shall  be  expressed  in  its  title,  and  any  extraneous 
matter  introduced  in  a  bill  which  shall  pass  shall  be  void ;  and  no 
law  shall  be  amended  by  its  title,  but  in  such  case  the  act  or  section 
amended  shall  be  reenacted  and  published  at  length. 

Sec.  21.  Every  act  and  joint  resolution  shall  be  plainly  worded, 
avoiding,  as  far  as  practicable,  the  use  of  technical  terms. 

Sec.  22.  The  legislature  shall  meet  every  two  years  at  the  seat  of 
government. 

Sec.  23.  The  legislature  shall  provide  for  an  enumeration  of  inhab- 
itants bylaw.  An  apportionment  of  re]:)re<entatives  in  the  legislature 
shall  be  provided  by  law  according  to  population,  as  nearly  as  may  be. 


Kansas— 1857  1207 

Sec.  24.  The  legislature  shall  have  no  power  to  grant  divorces,  to 
change  the  names  of  individuals,  or  direct  the  sales  of  estates  belong- 
ing to  infants  or  other  persons  laboring  under  legal  disabilities,  by  ■ 
special  legislation,  but  by  general  laws  shall  confer  such  powers  on 
the  courts  of  justice. 

Sec.  25.  It  shall  be  the  duty  of  all  civil  officers  of  this  State  to  use 
due  diligence  in  the  securing  and  rendition  of  persons  held  to  service 
or  labor  in  this  State,  either  of  the  States  or  Territories  of  the  United 
States;  and  the  legislatui-e  shall  enact  such  laws  as  may  be  necessary 
for  the  honest  and  faithful  carrying  out  of  this  provision  of  the 
constitution. 

ELECTION    DISTRICTS 

At  the  first  election  holden  under  this  constitution  for  members  of 
the  State  legislature,  the  representative  and  senatorial  districts  shall 
be  as  follows :  The  first  representative  district  shall  consist  of  Doni- 
phan County,  and  be  entitled  to  four  representatives;  the  second, 
Atchison,  foiir  representatives;  the  third,  Leavenworth,  eight  repre- 
sentatives; the  fourth.  Brown  and  Xemaha,  one  representative;  the 
fifth,  Calhoun  and  Pottawatomie,  one  representative;  the  sixth,  Jef- 
ferson, two  representatives;  the  seventh,  Marshall  and  AVashington, 
one  representative;  the  eighth,  Riley,  one  representative;  the  ninth, 
Johnson,  four  representatives;  the  tenth,  Lykins,  one  representative; 
the  eleventh,  Linn,  two  representatives;  the  twelfth,  Bourbon,  two 
representatives;  the  thirteenth,  McGee,  Dorn,  and  Allen,  one  repre- 
sentative; the  fourteenth,  Douglas,  five  representatives;  the  fifteenth, 
Anderson  and  Franklin,  one  representative;  the  sixteenth,  ShaAvnee, 
two  representatives;  the  seventeenth,  Weller  and  Coffee,  one  repre- 
sentative; the  eighteenth,  Woodson,  Wilson,  Godfrey,  Greenwood, 
and  Madison,  one  representative;  the  nineteenth,  Breckenridge  and 
Richardson,  one  representative;  the  tAventieth,  Davis,  Wise,  Butler, 
Hunter,  and  that  portion  of  country  west,  one  repi'esentative — in  all. 
forty-four  representatives.  The  first  senatorial  district  shall  be  Don- 
iphan County,  and  be  entitled  to  one  senator;  the  second,  Atchison, 
one  senator;'  the  third,  Doniphan  and  Atchison,  one  senator;  the 
fourth,  Leavenworth,  three  senators;  the  fifth,  Brown,  Nemaha,  and 
Pottawatomie,  one  senator;  the  sixth,  Riley,  Marshall,  Dickinson, 
and  AVashington,  one  senator;  the  sixth,  Riley,  Marshall,  Dickinson, 
senator;  eighth,  Johnson,  two  senators;  the  ninth,  Lykins,  Anderson, 
and  Franklin,  one  senator;  the  tenth,  Linn,  one  senator;  the  elev- 
enth. Bourbon  and  McGee,  one  senator;  the  twelfth,  Douglas,  two 
senators;  the  thirteenth.  Shawnee,  one  senator;  the  fourteenth,  Dorn, 
Allen,  Wilson,  Woodson.  Godfrey,  Greenwood,  Madison,  and  Coffee, 
one  senator;  the  fifteenth,  Richardson,  Davis,  Wise,  Breckenridge, 
Butler,  Hunter,  and  all  west  of  Davis,  Wise,  Butler,  and  Hunter,  one 
senator;  the  entire  number  of  senators,  nineteen. 

Article  VI 

JUDICIARY 

Section  1.  This  judicial  powers  of  this  State  shall  be  A'ested  in 
one  supreme  court,  circuit  courts,  chancery  courts,  courts  of  probate, 


1208  Kansas— 1857 

and  justices  of  the  peace,  and  sucli  other  inferior  courts  as  the  legis- 
lature may,  from  time  to  time,  ordain  and  establish. 

Sec.  2.  The  supreme  court,  except  in  cases  otherwise  directed  in 
this  constitution,  shall  have  ai)pellatG  jurisdiction  only,  which  shall 
be  coextensive  with  the  State,  under  such  restrictions  and  regulations, 
not  repugnant  to  this  constitution,  as  may  from  time  to  time  be  pre- 
scribed by  law:  Proridcd^  That  the  supreme  court  shall  have  power 
to  issue  writs  of  injunction,  niandamns^  quo  warranto^  habeas  rorp>is. 
and  such  other  remedial  and  original  writs  as  may  be  necessary  to 
give  a  general  superintendence  and  control  of  inferior  jurisdictions. 

Sec.  3.  There  shall  be  held  annually,  at  the  seat  of  government, 
two  sessions  of  the  supreme  court,  at  such  times  as  the  legislature 
may  direct. 

Sec.  4.  The  supreme  court  shall  consist  of  one  chief  justice  and  two 
associate  justices. 

Sec.  5.  The  supreme  court  may  elect  a  clerk  and  reporter,  who 
shall  respectively  receive  such  compensation  as  the  legislature  may 
prescribe. 

Sec.  6.  The  State  shall  be  divided  into  convenient  circuits,  and  for 
each  circuit  there  shall  be  elected  a  judge,  wdio  shall,  at  the  time  of 
his  election  and  as  long  as  he  continues  in  office,  reside  in  the  circuit 
for  Avhich  he  has  been  elected. 

Sec.  7.  The  circuit  courts  shall  have  original  jurisdiction  of  all 
matters,  civil  and  criminal,  within  this  State  not  otherwise  excepted 
in  this  constitution ;  but  in  civil  cases,  only  where  the  matter  in  con- 
troversy shall  exceed  the  sum  of  one  hundred  dollars. 

Sec.  8.  A  circuit  court  shall  be  held  in  each  county  in  the  State 
twice  in  evei"}'  year,  at  such  times  and  places  as  may  be  prescribed  by 
law;  and  the  judges  of  the  several  circuit  courts  may  hold  courts  for 
each  other  when  they  may  deem  it  advisable,  and  shall  do  so  when 
directed  by  law. 

Sec.  9.  The  legislature  ma}^  establish  a  court  or  courts  of  chancery 
with  original  and  appellate  equity  jurisdiction,  and  until  the  estab- 
lishment of  such  court  or  courts  the  said  jurisdiction  shall  be  vested 
in  the  judges  of  the  circuit  courts  respectively;  but  the  judges  of  the 
several  circuit  courts  shall  have  power  to  issue  writs  of  injunction 
returnable  to  the  court  of  chancery. 

Sec.  10.  The  legislature  shall  establish  within  each  county  in  the 
State  a  court  of  probate  for  the  granting  of  letters  testamentary  of 
the  administration  and  orphans'  business,  and  the  general  superin- 
tendence of  the  estates  of  deceased  persons,  and  such  other  duties 
as  may  be  prescribed  by  lav,-;  but  in  no  case  shall  they  have  jurisdic- 
tion in  matters  of  civil  or  criminal  law. 

Sec.  11.  A  competent  number  of  justices  of  the  peace  in  and  for 
each  county  shall  be  elected  in  such  mode  and  for  such  term  of  office 
as  the  legislature  may  direct.  Their  jurisdiction  in  civil  matters 
shall  be  limited  to  cases  in  which  the  amount  does  not  exceed  one  hun- 
dred dollars;  and  in  all  cases  tried  by  justices  of  the  peace  the  right 
of  appeal  shall  be  secured,  under  such  rules  and  regulations  as  may 
be  prescribed  by  law. 

Sec.  12.  The  chief  justice  and  associate  justices  of  the  supreme 
court,  and  judges  of  the  circuit  court  and  courts  of  chancery,  shall,  at 
stated  times,  receive  for  their  services  a  compensation  which  shall  be 


Kansas— 1857  1209 

fixed  by  law,  and  shall  not  be  diminished  during  their  continuance  in 
office;  but  they  shall  receive  no  fees,  no  perquisites  of  office,  nor  hold 
any  other  office  of  profit  or  trust  under  this  State,  the  United  States 
or  either  of  the  other  States,  or  an}^  other  poAver,  during  their  con- 
tinuance in  office. 

Sec.  13.  The  chief  justice  and  associate  justices  of  the  supreme 
court  shall  be  elected  by  the  qualified  voters  of  the  whole  State,  the 
judges  of  the  circuit  courts  by  the  qualified  voters  of  their  respective 
circuits,  and  the  judges  of  the  chancer}^  courts  shall  be  elected  by 
the  qualified  voters  of  their  respective  chancery  divisions,  at  such 
times  and  places  as  ma}'  be  prescribed  by  law ;  but  said  election  shall 
not  be  on  the  same  day  that  the  election  of  members  of  the  legislature 
is  held. 

Sec.  14.  All  vacancies  in  the  office  of  chief  justice  and  associate 
justices  of  the  supreme  court,  and  judges  of  the  circuit  court,  court 
of  chancery,  and  probate  court,  shall  be  filled  by  appointment  made 
by  the  governor  for  the  time  being,  but  the  governor  shall,  imme- 
diately upon  the  receipt  of  information  of  a  vacancv  aforesaid,  order 
an  election  to  fill  such  vacancy,  first  giving  sixty  da3^s'  notice  of  such 
election. 

Sec.  15.  The  chief  justice  and  associate  justices  of  the  supreme 
court  shall  hold  their  offices  for  and  during  the  period  of  six  years 
from  the  date  of  their  election,  and  until  their  successors  shall  be 
qualified,  and  provision  shall  be  made  by  law  for  classifying  those 
elected,  so  that  the  chief  justice  or  one  of  the  said  associate  justices 
of  the  supreme  court  shall  be  elected  every  two  years.  The  judges  of 
the  circuit,  chancery,  and  probate  courts  shall  hold  their  offices  for 
and  during  the  term  of  four  years  from  the  date  of  their  election, 
and  until  their  successors  shall  be  qualified. 

Sec.  16.  Clerks  of  the  circuit  courts  and  courts  of  probate  shall  be 
elected  by  the  qualified  electors  in  each  county,  and  all  vacancies  in 
such  office  shall  be  filled  in  such  manner  as  the  law  may  direct. 

Sec.  17.  The  chief  justice  and  associate  justices  of  the  supreme 
court,  by  virtue  of  their  offices,  shall  be  conservators  of  the  peace 
throughout  the  State,  the  judges  of  the  circuit  court  throughout  their 
respective  circuits,  and  the  judges  of  the  inferior  courts  throughout 
their  respective  counties. 

Sec.  18.  The  style  of  all  process  shall  be,  '*  The  State  of  Kansas," 
and  all  prosecutions  shall  be  carried  on  in  the  name  and  by  the 
authority  of  the  State  of  Kansas,  and  shall  conclude  "  against  the 
peace  and  dignity  of  the  same." 

Sec.  19.  There  shall  be  an  attorney-general  of  the  State,  who  shall 
be  elected  by  the  qualified  voters  thereof,  and  as  many  district  attor- 
neys as  the  legislature  may  deem  necessary,  to  be  elected  by  the  quali- 
fied voters  of  their  resi^ective  circuits,  who  shall  hold  their  offices  for 
the  term  of  four  j^ears  from  the  date  of  their  election,  and  shall 
receive  for  their  services  such  compensation  as  may  be  established  b}' 
law,  Avhich  shall  not  be  diminished  during  their  continuance  in  office. 

Sec.  20.  Vacancies  occurring  in  the  office  of  attorney-general,  dis- 
trict attorneys,  clerk  of  the  circuit  court,  clerk  of  the  court  of  probate, 
justices  of  the  peace,  and  constables,  shall  be  filled  in  such  manner  as 
shall  be  provided  by  law. 


1210  Kansas— 1857 

Sec.  21.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment. 

Sec.  22.  All  impeachments  shall  be  tried  by  the  senate.  AVlien  sit- 
ting 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. 

Sec.  23.  The  governor  and  all  civil  officers  shall  be  liable  to  im- 
peachment for  any  misdemeanor  in  office;  but  judgment  in  such  cases 
shall  not  extend  further  than  to  removal  from  office,  and  of  disquali- 
fication 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  VII 

SLAVERY 

Section  1.  The  right  of  property  is  before  and  higher  than  any 
constitutional  sanction,  and  the  right  of  the  owner  of  a  slave  to  such 
slave  and  its  increase  is  the  same,  and  as  inviolable  as  the  right  of  the 
owner  of  any  property  whatever. 

Sec.  2.  The  legislature  shall  have  no  power  to  pass  laws  for  the 
emancipation  of  slaves  without  the  consent  of  the  owners,  or  without 
paying  the  owners  previous  to  their  emancipation  a  fall  equivalent 
in  money  for  the  slaves  so  emancipated.  They  shall  have  no  power 
to  prevent  emigrants  to  the  State  from  bringing  with  them  such  ]  er- 
sons  as  are  deemed  slaves  by  the  laws  of  any  one  of  the  United  States 
or  Territories,  so  long  as  aiw  person  of  the  same  age  or  description 
shall  be  continued  in  slavery  by  the  laAvs  of  this  State:  Prodded, 
That  such  person  or  slave  be  the  hona-fide  property  of  such  emi- 
grants: And  prodded  also^  That  laws  may  be  passed  to  prohibit  the 
introduction  into  this  State  of  slaves  who  have  committed  high  crimes 
in  other  States  or  Territories.  T\\e\  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  f^'harge. 
They  shall  have  power  to  oblige  the  oAvners  of  slaves  to  treat  them 
with  humanity,  to  provide  for  them  necessarj^  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  direction  of  such 
laws,  to  haA'e  such  slave  or  slaves  sold  for  the  benefit  of  the  mvuer  or 
owners. 

Sec.  3.  In  the  jDrosecution  of  slaves  for  crimes  of  higher  grade  than 
petit  larceny,  the  legislature  shall  have  no  power  to  deprive  them  of 
an  impartial  trial  by  a  petit  jury. 

Sec.  4.  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  on  a  free  white  person,  and  on  the 
like  proof,  except  in  case  of  insurrection  of  such  slave. 

Article  VIII 

ELECTIONS    AND    RIGHTS    OF    SUFFRAGE 

Section  1.  Everj^  male  citizen  of  the  Ignited  States,  above  the  age 
of  twenty-one  years,  having  resided  in  this  State  one  year,  and  in  the 


Kansas— 1857  1211 

county,  city,  or  town  in  which  he  may  offer  to  vote  three  months  next 
preceding  any  election,  shall  have  the  qualifications  of  an  elector,  and 
be  entitled  to  vote  at  all  elections.  And  every  male  citizen  of  the 
United  States,  above  the  age  aforesaid,  who  may  be  a  resident  of  the 
State  at  the  time  that  this  constitution  shall  be  adopted,  shall  have 
the  right  of  voting  as  aforesaid;  but  no  such  citizen  or  inhabitant 
shall  be  entitled  to  vote  except  in  the  county  in  which  he  shall  actu- 
ally reside  at  the  time  of  the  election. 

Sec.  2.  All  voting  by  the  people  shall  be  by  ballot. 

Sec.  3.  Electors,  during  their  attendance  at  elections,  going  to  and 
returning  therefrom,  shall  be  privileged  from  arrest  in  all  cases  except 
treason,  felony,  and  breach  of  the  peace. 

Sec.  4.  No  elector  shall  be  obliged  to  do  militia  duty  on  the  days  of 
election,  except  in  time  of  war  or  public  danger. 

Sec.  5.  No  elector  shall  be  deemed  to  have  lost  his  residence  in  this 
State  by  reason  of  his  absence  on  business  of  his  own,  or  of  the  United 
States,  or  of  this  State. 

Sec.  6.  No  person  employed  in  the  military,  naval,  or  marine  serv- 
ice of  the  United  States,  stationed  in  this  State,  shall,  by  reason  of 
his  services  therein,  be  deemed  a  resident  of  this  State. 

Sec.  7.  No  person  shall  be  elected  or  appointed  to  any  office  in  this 
State,  civil  or  military,  who  shall  not  be  possessed  of  the  qualifica- 
tions hereinbefore  prescribed  for  an  elector. 

Sec.  8.  The  legislature  shall  have  poAver  to  exclude  from  the  privi- 
lege of  voting,  or  being  eligible  to  office,  any  person  convicted  of 
bribery,  perjury,  or  other  infamous  crimes. 

Sec.  9.  The  first  general  election  in  this  State  shall  be  held  on  the 
day  and  year  provided  by  this  constitution,  and  all  general  elections 
thereafter  on  the  day  and  year  provided  by  subsequent  legislative 
enactment. 

Article  IX 
finance 

Section  1.  The  rule  of  taxation  shall  be  uniform,  and  taxes  shall 
be  levied  upon  such  property  as  the  legislature  shall,  from  time  to 
time,  prescribe. 

Sec.  2.  The  legislature  shall  provide  for  an  annual  tax  sufficient  to 
defray  the  estimated  expenses  of  the  government  for  each  year;  and 
whenever  the  expenses  of  any  one  year  shall  exceed  the  income,  the 
legislature  shall  provide  for  levying  a  tax  for  the  ensuing  year  suffi- 
cient, with  other  sources  of  income,  to  pay  the  deficiency  as  well  as 
the  estimated  expenses  for  such  ensuing  year. 

Sec.  3.  For  the  purpose  of  defraying  extraordinary  expenditures, 
the  State  may  contract  public  debts;  but  such  debts,  in  the  aggregate, 
shall  never  exceed  five  hundred  thousand  dollars.  Every  such  debt 
shall  be  authorized  by  law  for  some  purpose  or  purposes,  to  be  dis- 
tinctly specified  (herein,  and  a  vote  of  a  majority  of  all  the  members 
elected  to  both  houses  shall  be  necessary  to  the  ])assage  of  such  law, 
and  such  law  shall  provide  for  an  annual  tax  to  be  levied  sullicieut  to 
pa}^  the  interest  of  such  debt  created,  and  such  appropriation  shall 
not  be  repealed,  nor  the  taxes  postponed,  until  the  principal  and 
interest  of  such  debt  shall  have  been  wholly  paid. 
7252— VOL  2—07 22 


1212  Kansas— 1857 

Sec.  4.  The  legislature  may  also  borrow  money  for  the  purpose  of 
repelling  invasion,  suppressing  insurrection,  and  defending  the  State 
in  time  of  war;  but  the  money  thus  raised  shall  be  applied  exclu- 
sively to  the  purposes  for  which  it  was  raised. 

Sec.  5.  No  scrip,  certificate,  or  other  evidence  of  State  debt  shall 
be  issued,  except  for  such  debts  as  are  authorized  by  the  third  or 
fourth  sections  of  this  article. 

Sec.  G.  The  property  of  the  State  and  counties,  both  real  and  per- 
sonal, and  such  other  property  as  the  legislature  may  deem  necessary 
for  school,  religious,  or  charitable  purposes,  may  be  exempted  from 
taxation. 

Sec.  7.  No  money  shall  at  any  time  be  paid  out  of  the  treasury 
except  in  pursuance  of  an  appropriation  by  law. 

Sec.  8.  An  accurate  statement  of  the  receipts  and  expenditures  of 
the  public  money  shall  be  published  with  the  laws  of  each  regular 
session  of  the  legislature. 

Article  X 

REVENUE 

Section  1.  All  bills  for  raising  revenue  shall  originate  in  the  house 
of  representatives. 

Sec.  2.  Taxation  shall  be  equal  and  uniform,  and  all  property  on 
which  taxes  shall  be  levied  shall  be  taxed  in  proportion  to  its  value, 
to  be  ascertained  as  directed  by  legislative  enactment,  and  no  one 
species  of  property  shall  be  taxed  higher  than  another  species  of 
property  of  equal  value  on  which  taxes  shall  be  levied. 

Sec.  3.  The  legislature  shall  have  power  to  Icav  an  income  tax,  and 
to  tax  all  persons  pursuing  any  occupation,  trade,  or  profession. 

Sec.  4.  The  legislature  shall  provide  for  the  classification  of  the 
lands  of  this  State  into  three  distinct  classes,  to  be  styled  respectively 
class  one,  two,  three ;  and  each  of  these  classes  shall  have  a  fixed 
value  in  so  much  money,  upon  which  there  shall  be  assessed  an  ad- 
valorem  tax. 

Sec,  5.  The  legislature  shall  provide  for  a  capitation  or  poll-tax,  to 
be  paid  by  every  able-bodied  male  citizen  over  twenty-one  years  and 
under  sixty  years  of  age;  but  nothing  herein  contained  shall  prevent 
the  exemption  of  taxable  polls  in  cases  of  bodily  infirmity. 

Sec.  6.  The  legislature  shall  levy  a  tax  on  all  railroad  incomes, 
proceeding  from  gifts  of  public  lands,  at  the  rate  of  ten  cents  on  the 
one  hundred  dollars. 

Sec.  7.  No  lotteries  shall  be  authorized  by  law  as  a  source  of 
revenue. 

Sec.  8.  Whatever  donations  of  lands  or  money  that  may  be  received 
from  the  General  Government  by  this  State  shall  be  regarded  as  a 
source  of  revenue  subject  to  a  compact  made  with  the  United  States 
by  special  ordinance. 

Article  XI 

PUBLIC    domain    and    INTERNAL    IMPROVEMENT 

Section  1.  It  shall  be  the  duty  of  the  legislature  to  provide  for  the 
prevention  of  waste  and  damage  of  the  public  land  now  possessed  or 


Kansas— 1857  1213 

that  may  hereafter  be  ceded  to  the  Territorj^  or  State  of  Kansas,  and 
it  may  jjass  laws  for  the  sale  of  any  part  or  portion  thereof,  and,  in 
such  case,  provide  for  the  safety,  security,  and  appropriation  of  the 
proceeds. 

Sec.  2.  A  liberal  system  of  internal  improvements  being  essential 
to  the  development  of  the  resources  of  the  country,  shall  be  encour- 
aged by  the  government  of  this  State;  and  it  shall  be  the  duty  of 
the  legislature,  as  soon  as  practicable,  to  ascertain  by  law  proper 
objects  of  improvement,  in  relation  to  roads,  canals,  and  navigable 
streams,  and  to  provide  for  a  suitable  application  of  such  funds  as 
may  be  appropriated  for  such  improvements. 

Article  XII 

CORPORATIONS 

Section  1.  Corporations  may  be  formed  under  a  general  law,  but  the 
legislature  may  b}^  special  act  create  bodies-jwlitic  for  municipal 
purposes,  where  the  objects  of  the  corporations  cannot  be  attained 
under  it ;  all  general  laws  or  special  acts  enacted  under  the  provisions 
of  this  section  may  be  altered,  amended,  or  repealed  by  the  legislature 
at  any  time. 

Sec.  2.  No  corporation  shall  take  private  property  for  public  use 
without  first  having  the  consent  of  the  oAvner,  or  where  the  necessity 
thereof  being  first  established  by  a  verdict  of  a  jury,  and  the  value 
thereof  assessed  and  paid. 

Sec.  3.  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,  borrowing  money,  contracting  debts,  and  loaning 
their  credit,  so  as  to  prevent  abuses. 

Sec.  4.  The  legislature  may  incorporate  banks  of  deposit  and 
exchange,  but  such  banks  shall  not  issue  any  bills,  notes,  checks,  or 
other  paper  as  money. 

Sec.  5.  The  legislature  may  incorporate  one  bank  of  discount  and 
issue,  with  not  more  than  two  branches:  Provided,  That  the  act  incor- 
porating the  said  bank  and  branches  thereof  shall  not  take  effect 
until  it  shall  be  submitted  to  the  people  at  the  general  election  next 
succeeding  the  passage  of  the  same,  and  shall  have  been  approved 
by  a  majority  of  the  electors  voting  at  such  election. 

Sec.  6.  The  said  bank  and  branches  shall  be  mutually  liable  for 
each  other's  debts  or  liabilities  for  all  paper-credits  or  bills  issued 
representing  money;  and  the  stockholders  in  said  bank  or  l)ranches 
shall  be  individually  responsible  to  an  amount  equal  to  the  stock 
held  by  them  for  all  debts  or  liabilities  of  said  bank  or  branches,  and 
ho  law  shall  be  passed  sanctioning,  directly  or  indirectly,  the  suspen- 
sion by  said  bank  or  its  branches  of  specie  payment. 

Sec.  7.  The  State  shall  not  be  a  stockholder  in  any  bank,  nor  shall 
the  credit  of  the  State  be  given  or  loaned  in  aid  of  any  person,  asso- 
ciation, or  incorporation,  nor  shall  the  State  become  a  stockholder  in 
any  corporation  or  association. 


1214  Kansas— 1857 

Aktjclk  XIII 

MILITIA 

Section  1.  The  militia  of  this  State  shall  consist  of  all  the  able- 
bodied  male  citizens  of  the  State  between  the  ages  of  eighteen  and 
forty-five  years,  excej^t  such  citizens  as  are  now,  or  hereafter  may  be, 
exempted  by  the  laws  of  the  United  States  or  of  this  State. 

Sec.  2.  Any  citizen  whose  religious  tenets  conflict  AA^ith  bearing 
arms,  shall  not  be  compelled  to  do  militia  duty  in  time  of  peace,  but 
shall  pay  such  an  equivalent  for  personal  services  as  may  be 
prescribed  by  law. 

Sec.  3.  All  militia  officers  shall  be  elected  by  the  persons  subject  to 
military  duty  within  the  bounds  of  their  several  companies,  bat- 
talions, regiments,  brigades,  and  divisions,  under  such  rules  and 
regulations  as  the  legislature  may  from  time  to  time  direct  and 
establish. 

Article  XIV 

EDUCATION 

Section  1.  A  general  diffusion  of  knowledge  being  essential  to  the 
preservation  of  the  rights  and  liberties  of  the  people,  schools  and  the 
means  of  education  shall  be  forever  encouraged  in  this  State. 

Sec.  2.  The  legislature  shall  take  measures  to  preserve  from  waste 
and  damage  such  lands  as  have  been,  or  hereafter  may  be.  granted  by 
the  United  States,  or  lands  or  funds  which  may  be  received  from  other 
sources,  for  the  use  of  schools  within  this  State,  and  shall  apply  the 
funds  Avhich  may  arise  from  such  lands,  or  from  any  other  source,  in 
strict  conformity  with  the  object  of  the  grant. 

Sec.  3.  The  legislature  shall,  as  soon  as  practicable,  establish  one 
common  school  (or  more)  in  each  township  in  the  State,  where  the 
children  of  the  township  shall  be  taught  gratis. 

Sec.  4.  The  legislature  shall  have  poAver  to  make  appropriations 
from  the  State  treasury  for  the  support  and  maintenance  of  common 
schools  whene\"er  the  funds  accruing  from  the  lands  donated  by  the 
United  States,  or  the  funds  received  from  other  sources,  are  insuffi- 
cient for  that  purpose. 

Sec.  5.  The  legislature  shall  liaA^e  poAver  to  pass  hiAvs  for  the  gov- 
ernment of  all  common  schools  Avithin  this  State. 

Article  XV 
miscellaneous 

Section  1.  Lecompton  shall  be  the  seat  of  government  until  other- 
Avise  directed  by  law,  two-thirds  of  each  house  of  the  legislature 
concurring  in  the  passage  of  such  laAv. 

Sec.  2.  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, 
the  constitution  of  this  State,  and  all  laAvs  made  in  pursuance  thereof, 
and  faithfully  to  demean  himself  in  the  discharge  of  the  duties  of  his 
office. 


Kansas— 18S7  1215 

Sec.  3.  The  laws,  public  records,  and  the  written,  judicial,  and  leg- 
islative proceedings  of  the  State,  shall  be  conducted,  promulgated, 
and  preserved  *in  the  P^nglish  language. 

Sec.  4.  Aliens  who  are  or  who  ma}^  hereafter  become  bona  fide 
residents  of  this  State,  shall  enjoy  the  same  rights,  in  respect  to  the 
possession,  inheritance,  and  enjoyment  of  property,  as  native-born 
citizens. 

Sec.  5.  No  county-seat  shall  be  removed  until  the  point  to  which  it 
is  jDroposed  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. 

Sec.  6.  All  propert}',  both  real  and  personal,  of  the  wife,  owned  or 
claimed  by  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  to  that  held  in  common  with  her  husband. 
Laws  shall  also  be  passed  providing  for  the  registration  of  the  wife's 
separate  property. 

Sec.  7.  The  privilege  of  free  suffrage  shall  be  supported  by  laws 
regulating  elections,  and  prohibiting,  under  adequate  penalties, 
all  undue  influence  thereon  from  power,  bribery,  tumult,  or  other 
improper  practice. 

Sec.  8,  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason,  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  his  own  confession  in  open 
court. 

Bill  or  Rights 

That  the  great  and  essential  principles  of  liberty  and  free  govern- 
ment may  be  recognized  and  established,  we  declare — 

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  exclusive 
separate  public  emoluments  or  privileges  but  in  consideration  of 
l^ublic  services. 

2.  All  political  power  is  inherent  in  the  people,  and  all  free  gov- 
ernments are  founded  on  their  authority,  and  instituted  for  their 
benefit ;  and  therefore  they  have  at  all  times  an  inalienable  and 
indefeasible  right  to  alter,  reform,  or  abolish  their  form  of  govern- 
ment in  such  manner  as  they  may  think  proper. 

3.  That  all  j^ersons  have  a  natural  and  indefeasible  right  to  wor- 
vship  Almighty  God  according  to  the  dictates  of  their  own  conscience, 
and  no  person  can  of  right  be  conq:)elled  to  attend,  erect,  or  support 
any  place  of  worship  or  maintain  any  ministry  against  his  consent. 
That  no  human  authority  can  in  any  case  whatever  interfere  with  the 
rights  of  conscience,  and  tluit  no  preference  shall  ever  bo  given  to  any 
religious  establishment  or  mode  of  worship. 

4.  That  the  civil  rights,  ])rivileges,  or  capacities  of  a  citizen  shall  in 
nowise  be  diminished  or  enlarged  on  account  of  his  religion. 

5.  That  all  elections  shall  be  free  and  equal. 

C).  That  the  right  of  trial  by  jury  shall  remain  inviolate. 
7.  Every  citizen   may   freely  speak,  write,  and   publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  right. 


1216  Kansas— 1857 

8.  The  people  shall  be  secure  in  their  persons,  houses,  papers,  and 
possessions  from  unreasonable  seizures  and  searches,  and  no  warrant 
to  search  any  place,  or  to  seize  any  person  or  thing,  shall  issue  with- 
out probable  cause,  supported  by  oath  or  affirmation.  In  all  criminal 
prosecutions  the  accused  has  a  right  to  be  heard  by  himself  or  coun- 
sel; to  demand  the  nature  and  cause  of  the  accusation,  and  have  a 
copy  thereof;  to  be  confronted  by  the  Avitness  or  witnesses  against 
him;  to  have  compulsory  process  for  obtaining  witnesses  in  his  favor, 
and  in  all  prosecutions  by  indictments  or  informations  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. 

9.  That  no  freeman  shall  be  taken  or  imprisoned,  or  disseized  of 
his  freehold,  liberties,  or  privileges,  or  outlawed  or  exiled,  or  in  any 
manner  destroyed  or  deprived  of  his  life,  liberty,  or  property,  but  by 
the  judgment  of  his  peers  or  the  law  of  the  land. 

10.  No  person,  for  the  same  offence,  shall  twice  be  put  in  jeopardy 
of  life,  limb,  or  liberty,  nor  shall  any  person's  property  be  taken  or 
applied  to  the  public  use,  unless  compensation  be  made  therefor. 

11.  That  all  penalties  shall  be  reasonable,  and  proportionate  to  the 
nature  of  the  offence. 

12.  No  person  shall  be  held  to  answer  a  capital  or  otherwise  infa- 
mous crime,  unless  on  the  presentment  or  indictment  of  a  grand  jury, 
or  by  impeachment,  except  in  cases  of  rebellion,  insurrection,  or 
invasion. 

13.  That  no  conviction  shall  work  corruption  of  blood  or  forfeiture 
of  estate. 

14.  That  all  prisoners  shall  be  bailable  by  sufficient  securities,  unless 
in  capital  offences,  where  the  proof  is  evident  or  the  presumption 
great,  and  the  privileges  of  habeas  corpus  shall  not  be  suspended 
unless  Avhen,  in  the  case  of  rebellion,  insurrection,  or  invasion,  the 
public  safety  may  require  it. 

15.  That  excessive  bail  shall  in  no  case  be  required,  nor  excessive 
fines  imposed. 

16.  That  no  ex  post  facto  law,  nor  any  law  impairing  the  obliga- 
tions of  contracts,  shall  ever  be  made. 

IT.  That  forfeitures  and  monopolies  are  contrary  to  the  genius  of 
a  republic,  and  shall  not  be  allowed,  nor  shall  any  hereditary  emolu- 
ment, privileges,  or  honors  ever  be  granted  or  conferred  in  the  State, 

18.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to  assem- 
ble together  for  their  common  good ;  to  instruct  their  representatives, 
and  to  apply  to  those  intrusted  with  the  power  of  government  for 
redress  of  grievances  or  other  purposes,  by  address  or  remonstrance. 

19.  That  the  citizens  of  this  State  shall  have  a  right  to  keep  and 
bear  arms  for  their  common  defence. 

20.  That  no  soldier  shall  in  time  of  peace  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war  but  in  a  manner 
prescribed  by  law. 

21.  The  military  shall  be  kept  in  strict  subordination  to  the  civil 
power. 

22.  Emigration  to  or  from  this  State  shall  not  be  prohibited. 


Kansas— 1857  1217 

23.  Free  negroes  shall  not  he  permitted  to  live  in  this  State  under 
any  circumstances. 

'24:.  This  enumeration  of  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  higher  power  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  other  provisions  herein  contained,  shall  be  void. 

Schedule 

Section  1.  That  no  inconvenience  may  arise  by  reason  of  a  change 
from  a  territorial  to  a  permanent  State  government,  it  is  declared 
that  all  rights,  actions,  prosecutions,  judgments,  claims,  and  contracts, 
as  well  of  individuals  as  of  bodies-corporate,  except  the  bill  incor- 
porating banks  by  the  last  territorial  legislature,  shall  continue  as 
if  no  such  change  had  taken  place,  and  all  processes  Avhich  may  have 
issued  under  the  authority  of  the  Territory  of  Kansas  shall  be  as 
valid  as  if  issued  in  the  name  of  the  State  of  Kansas. 

Sec.  2.  All  laws  now  of  force  in  the  Territory  of  Kansas  which  are 
not  repugnant  to  this  constitution  shall  continue  and  be  of  force  until 
altered,  amended,  or  repealed,  by  a  legislature  assembled  under  the 
provisions  of  this  constitution. 

Sec.  3.  All  fines,  penalties,  and  forfeitures  to  the  Territory  of 
Kansas  shall  inure  to  the  use  of  the  State  of  Kansas. 

Sec.  4.  All  recognizances  heretofore  taken  shall  pass  to,  and  be 
prosecuted  in,  the  name  of  the  State  of  Kansas,  and  all  l)onds  exe- 
cuted to  the  governor  of  the  Territory,  or  to  any  other  officer  of  the 
court  in  his  or  their  official  capacity,  shall  pass  to  the  governor  and 
corresponding  officers  of  the  State  authority  and  their  successors  in 
office,  and  for  the  use  therein  expressed,  and  may  be  sued  for  and 
recovered  accordingly ;  and  all  the  estates  or  property,  real,  personal, 
or  mixed,  and  all  judgments,  bonds,  specialties,  choses  in  action,  and 
claims  or  debts  of  whatever  description,  of  the  Territory  of  Kansas, 
shall  inure  to  and  vest  in  the  State  of  Kansas,  and  be  sued  for  and 
recovered  in  the  same  manner  and  to  the  same  extent  as  the  same 
could  have  been  by  the  Territory  of  Kansas. 

Sec.  5.  All  criminal  prosecutions  and  penal  actions  which  may 
have  arisen  before  the  change  from  a  territorial  to  a  State  govern- 
ment, and  which  shall  then  be  pending,  shall  be  prosecuted  to  judg- 
ment in  the  name  of  the  State  of  Kansas.  All  actions  at  law  and 
suits  in  equity  which  may  be  pending  in  the  courts  of  the  Territory 
of  Kansas,  at  the  time  of  a  change  from  a  territorial  to  a  State 
government,  may  be  continued  and  transferred  to  any  court  of  the 
State  which  shall  have  jurisdiction  of  the  subject-matter  thereof. 

Sec.  G.  All  officers,  civil  and  military,  holding  their  offices  under 
authority  of  the  Territory  of  Kansas,  shall  continue  to  hold  and 
exercise  their  respective  offices  until  they  shall  be  superseded  by  the 
authority  of  the  State. 

Sec.  7.  This  constitution  shall  be  submitted  to  the  Congress  of  the 
United  States  at  its  next  ensuing  session,  and  as  soon  as  official  in- 


1218  Kansas— 1857 

formation  has  been  received  that  it  is  approved  by  the  same,  by 
the  admission  of  the  State  of  Kansas  as  one  of  the  sovereign  States 
of  the  United  States,  the  president  of  this  convention  shall  issue 
his  proclamation  to  convene  the  State  legislature  at  the  seat  of  govern- 
ment, within  thirty-one  days  after  publication.  Should  any  vacancy 
occur,  by  death,  resignation,  or  otherwise,  in  the  legislature,  or 
other  office,  he  shall  order  an  election  to  fill  such  vacancy:  Provided, 
hoivever,  In  case  of  removal,  absence,  or  disability  of  the  president 
of  this  convention  to  discharge  the  duties  herein  imposed  on  him,  the 
president  p7'o  tempore  of  this  convention  shall  perform  said  duties, 
and  in  case  of  absence,  refusal,  or  disability  of  the  president  pro 
tempore,  a  committee  consisting  of  seven,  or  a  majority  of  them, 
shall  discharge  the  duties  required  of  the  president  of  this  con- 
vention. 

Before  this  constitution  shall  be  sent  to  Congress,  asking  for  ad- 
mission into  the  Union  as  a  State,  it  shall  be  submitted  to  all  the 
white  male  inhabitants  of  this  Territory,  for  approval  or  disapproval, 
as  follows:  The  president  of  this  convention  shall,  by  proclamation, 
declare  that  on  the  twenty-first  day  of  December,  one  thousand 
eight  hundred  and  fifty-seven,  at  the  different  election-precincts  now 
established  by  law,  or  which  may  be  established  as  herein  provided, 
in  the  Territory  of  Kansas,  an  election  shall  be  held,  over  which 
shall  preside  three  judges,  or  a  majority  of  them,  to  be  appointed 
as  follows:  The  president  of  this  convention  shall  appoint  three 
commissioners  in  each  county  in  the  Territory,  whose  duty  it  shall 
be  to  appoint  three  judges  of  election  in  the  several  precincts  of 
their  respective  counties,  and  to  establish  ])recincts  for  voting,  and 
to  cause  polls  to  be  opened,  at  such  places  as  they  may  deem  proper 
in  their  respective  counties,  at  which  election  the  constitution  framed 
by  this  convention  shall  be  submitted  to  all  the  white  male  inhabit- 
ants of  the  Territory  of  Kansas  in  the  said  Territory  upon  that 
day,  and  over  the  age  of  twenty-one  years,  for  ratification  or  rejection, 
in  the  following  manner  and  form :  The  voting  shall  be  by  ballot. 
The  judges  of  said  election  shall  cause  to  be  kept  two  poll-books  by 
two  clerks,  by  them  appointed.  The  ballots  cast  at  said  election  shall 
be  endorsed,  "  Constitution  with  slavery,"  and  "  Constitution  with 
no  slavery."  One  of  said  poll-books  shall  be  returned  within  eight 
days  to  the  president  of  this  convention,  and  the  other  shall  be 
retained  by  the  judges  of  election  and  ke])t  open  for  inspection. 
The  president,  Avith  two  or  more  members  of  this  convention,  shall 
examine  said  poll-books,  and  if  it  shall  appear  upon  said  examination 
that  a  majority  of  the  legal  votes  cast  at  said  election  be  in  favor  of 
the  "  Constitution  with  slavery,"  he  shall  immediately  have  the 
same  transmitted  to  the  Congress  of  the  United  States,  as  herein- 
before provided;  but  if,  upon  such  examination  of  said  poll-books, 
it  shall  appear  that  a  majority  of  the  legal  votes  cast  at  said  election 
be  in  favor  of  the  "  Constitution  with  no  slavery,"  then  the  article 
providing  for  slavery  shall  be  stricken  from  this  constitution  by 
the  president  of  this  convention,  and  slavery  shall  no  longer  exist 
in  the  State  of  Kansas,  except  that  the  right  of  property  in  slaves 
now  in  this  Territory  shall  in  no  manner  be  interfered  with,  and  shall 
have  transmitted  the  constitution,  so  ratified,  (to  Congress  the  con- 
stitution, so  ratified,)  to  the  Congress  of  the  United  States,  as  here- 
inbefore provided.     In  case  of  the  failure  of  the  president  of  this 


Kansas— 1857  1219 

convention  to  perform  the  duties  imposed  upon  him  the  foregoing 
section,  by  reason  of  death,  resignation,  or  otherwise,  the  same  duties 
shall  devolve  upon  the  president  pi'o  tempore. 

Sec,  8.  There  shall  be  a  general  election  upon  the  first  Monday  in 
January,  eighteen  hundred  and  fifty-eight,  to  be  conducted  as  the 
election  provided  for  in  the  seventh  section  of  this  article,  at  Avhich 
election  there  shall  be  chosen  a  governor,  lieutenant-governor,  secre- 
tary of  state.  State  treasurer,  and  members  of  the  legislature,  and 
also  a  member  of  Congress. 

Sec.  9.  Any  person  offering  to  vote  at  the  aforesaid  election  upon 
said  constitution  shall,  if  challenged,  take  an  oath  to  support  the 
Constitution  of  the  United  States,  and  to  support  this  constitution, 
under  the  penalties  of  perjury  under  the  territorial  laws. 

Sec.  10.  All  officers  appointed  to  carry  into  execution  the  pro- 
visions of  the  foregoing  sections  shall,  before  entering  upon  their 
duties,  be  sworn  to  faithfully  perform  the  duties  of  their  offices,  and 
in  failure  thereof  be  subject  to  the  same  charges  and  penalties  as  are 
provided  in  like  cases  under  the  territorial  laws. 

Sec.  11.  The  officers  provided  for  in  the  preceding  sections  shall 
receive  for  their  services  the  same  compensation  as  given  to  officers 
performing  similar  duties  under  the  territorial  laws. 

Sec.  12.  The  governor  and  all  other  officers  shall  enter  upon  the 
discharge  of  their  respective  duties  as  soon  after  the  admission  of 
the  State  of  Kansas  as  one  of  the  independent  and  sovereign  States 
of  the  Union,  as  may  be  convenient. 

Sec.  13.  Oaths  of  office  may  be  administered  by  any  judge,  justice 
of  the  peace,  or  clerk  of  any  court  of  record  of  the  Territory  or  the 
State  of  Kansas,  until  legislature  may  otherwise  direct. 

Sec.  \\.  After  the  year  one  thousand  eight  hundred  and  sixty- 
four,  whenever  the  legislature  shall  think  it  necessary  to  amend,  alter, 
or  change  this  constitution,  they  shall  recommend  to  the  electors  at 
the  next  general  election,  two-thirds  of  the  members  of  each  house 
concurring,  to  vote  for  or  against  calling  a  convention,  and  if  it  shall 
appear  that  a  majority  of  all  citizens  of  the  State  have  voted  for  a 
convention,  the  legislature  shall,  at  its  next  regular  session,  call  a 
convention,  to  consist  of  as  many  members  as  there  may  be  in  the 
house  of  representatives  at  the  time,  to  be  chosen  in  the  same  manner, 
at  the  same  places,  and  by  the  same  electors  that  choose  the  repre- 
sentatives; said  delegates  so  elected  shall  meet  within  three  months 
after  said  election  for  the  purpose  of  revising,  amending,  or  chang- 
ing the  constitution,  but  no  alteration  shall  be  made  to  affect  the 
rights  of  property  in  the  ownership  of  slaves. 

Sec.  15.  Until  the  legislature  elected  in  accordance  with  the  pro- 
visions of  this  constitution  shall  otherwise  direct,  the  salary  of  the 
governor  shall  be  three  thousand  dollars,  and  the  salary  of  lieutenant- 
governor  shall  l)e  double  the  pay  of  a  State  senator,  and  the  pay  of 
members  of  the  legislature  shall  be  five  dollars  per  diem,  until  other- 
wise provided  by  the  first  legislature,  which  shall  fix  the  salaries  of  all 
officers  other  than  those  elected  by  the  people  at  first  election. 

Sec.  10.  This  constitution  shall  take  effect  and  be  in  force  from 
and  after  its  ratification  by  the  people,  as  hereinbefore  provided. 

Done  in  convention  at  Lecompton,  in  the  Territory  of  Kansas,  on 
the  seventh  dav  of  November,  in  the  year  of  our  Lord  one  thousand 


1220  Kansas— 1857 

eight  hundred  and  fifty-seven,  and  of  the  Independence  of  tlie  United 
States  of  America  the  eighty-second.  In  testimony  whereof  we  have 
hereunto  subscribed  our  names. 

J.  C/ALHOUN,  President. 
Charles  J.  McIlvaine,  Secretary. 

ORDINANCE 

Whereas  the  government  of  the  United  States  is  the  proprietor,  or 
will  become  so,  of  all  or  most  of  the  lands  lying  within  the  limits  of 
Kansas,  as  determined  under  this  constitution;  and  whereas  the  State 
of  Kansas  will  possess  the  undoubted  right  to  tax  such  lands  for  the 
support  of  her  State  government,  or  for  other  proper  and  legitimate 
purposes  connected  wdth  her  existence  as  a  State : 

Now,  therefore,  be  it  ordained  by  this  convention,  on  behalf  of 
and  by  the  authority  of  the  people  of  Kansas,  that  the  right  afore- 
said to  tax  such  lands  shall  be,  and  is  hereb3%  forever  relinquished, 
if  the  conditions  following  shall  be  accepted  and  agreed  to  by  the 
Congress  of  the  United  States : 

Section  1.  That  sections  numbered  8,  16,  24,  and  36,  in  every 
township  in  the  State,  or  in  case  either  of  said  numbered  sections  are 
or  shall  be  otherwise  disposed  of,  that  other  lands,  equal  thereto  in 
A^alue  and  as  contiguous  as  may  be,  shall  be  granted  to  the  State,  to 
be  applied  exclusively  to  the  support  of  common  schools. 

Sec.  2.  That  all  salt-springs,  and  gold,  silver,  copper,  lead,  or 
other  valuable  mines,  together  with  the  lands  necessary  for  their  full 
occupation  and  use,  shall  be  granted  to  said  State  for  the  use  and 
benefit  of  said  State,  and  the  same  shall  be  used  or  disposed  of  under 
such  terms  and  conditions  and  regulations  as  the  legislature  of  said 
State  shall  direct. 

Sec.  3.  That  5  per  centum  of  the  proceeds  of  the  sales  of  all  public 
lands  sold  or  held  in  trust  or  otherwise  lying  within  the  said  State, 
whether  sold  before  or  after  the  admission  of  the  State  into  the 
Union,  after  deducting  all  expenses  incidental  to  the  same,  shall  be 
paid  to  the  said  State  of  Kansas  for  the  purj^ose  following,  to  wit: 
two-fifths  to  be  disbursed  under  the  direction  of  the  legislature  of 
the  State  for  the  purpose  of  aiding  the  construction  of  railroads 
within  said  State,  and  the  residue  for  the  support  of  common  schools. 

Sec.  4.  That  seventy-two  sections,  or  tAvo  entire  townships,  shall 
be  designated  by  the  President  of  the  United  States,  which  shall  be 
reserved  for  the  use  of  a  seminary  of  learning,  and  appropriated  by 
the  legislature  of  said  State  solely  to  the  use  of  said  seminary. 

Sec.  5.  That  each  alternate  section  of  land  now  owned,  or  Avhich 
ma}'^  hereafter  be  acquired  by  the  United  States,  for  twelve  miles  on 
each  side  of  a  line  of  railroad  to  be  established  or  located  from  some 
point  on  the  northern  boundary  of  the  State,  leading  southerly 
through  said  State  in  the  direction  of  the  Gulf  of  Mexico,  and  on 
each  side  of  a  line  of  railroad  to  be  located  and  established  from  some 
point  on  the  Missouri  River  Avestwardly  through  said  State  in  the 
direction  of  the  Pacific  Ocean,  shall  be  reserved  and  conveyed  to  said 
State  of  Kansas  for  the  purpose  of  aiding  in  the  construction  of  said 
railroad,  and  it  shall  be  the  duty  of  the  Congress  of  the  United  States, 
in  conjunction  with  the  proper  authorities  of  this  State,  to  adopt 
immediate  measures  for  carrying  the  several  provisions  herein  con- 
tained into  full  effect. 


Kansas— 1858  1221 


CONSTITUTION  OF  KANSAS— 1858  « 

MEMORIAL 

The  delegates  of  the  people  of  Kansas,  in  convention  assembled,  do 
respectfully  memoralize  Congress  for  admission  into  the  Union,  with 
the  accompanying  constitution : 

ORDINANCE 

By  the  authority  of  the  people  of  Kansas,  be  it  ordained  by  this 
convention,  irrevocably,  that  the  State  of  Kansas  will  never,  without 
the  consent  of  Congress,  interfere  with  the  title  of  the  United  States 
to  the  public  domain,  or  unsold  lands  within  the  limits  of  said 
State,  or  the  primary  right  of  the  United  States  to  dispose  of  the 
same,  or  with  any  regulation  which  Congress  may  prescribe  for 
securing  the  title  thereof  to  purchasers  in  good  faith ;  and  also  that  no 
tax  or  other  assessment  shall  be  imposed  upon  the  lands  belonging  to 
the  United  States:  Provided^  That  the  conditions  following  shall  be 
accepted  and  agreed  to  by  the  Congress  of  the  United  States :  First. 
The  sections  numbered  sixteen  and  thirty-six  in  every  township, 
including  Indian  reserve  or  trust  lands,  in  said  State  (and  where 
either  of  such  sections,  or  any  part  thereof,  has  been  sold,  or  other- 
wise alienated  or  appropriated,  other  lands,  equivalent  thereto,  as 
nearly  contiguous  as  possible)  shall  be  granted  to  the  said  State 
exclusively  for  the  use  of  common  schools.  Second,  That  seventy- 
two  sections  of  land  shall  be  set  apart  and  reserved  for  the  use  and 
support  of  four  district  colleges,  to  be  located  in  the  four  equal  divi- 
sions of  the  State ;  said  lands  to  be  selected  by  the  governor  of  the 
State,  subject  to  the  approval  of  the  Commissioner  of  the  General 
Land-Office.  Third.  That  thirty-six  sections  of  land,  to  be  selected 
by  the  governor  of  said  State,  shall  be  granted  to  said  State  for  the 
purpose  of  the  erection  of  public  buildings  at  the  seat  of  government, 
and  the  erection  of  buildings  for  the  various  public  benevolent  insti- 
tutions created  by  the  State  constitution.  Fourth,  That  the  salt- 
springs,  and  gold,  silver,  copper,  lead,  or  other  valuable  mines,  not 
exceeding  twelve  in  number,  with  six  sections  of  land  adjacent,  shall 
be  granted  to  the  said  State,  to  bo  selected,  used,  or  alienated,  as  may 
hereafter  be  prescribed  by  law.  Fifth.  That  5  per  centum  of  the  net 
proceeds  of  the  sales  of  public  lands  within  said  State,  sold  by  Con- 
gress after  the  admission  of  said  State  into  the  Union,  shall  be  ]iaid 
to  the  said  State  for  the  purpose  of  creating  a  common-school  fund, 
the  principal  to  be  held  sacred,  and  the  interest  to  be  api^lied  to  the 
education  of  the  children  of  Kansas.  Si,rth.  That  each  alternate  sec- 
tion of  land  now  owned,  or  which  may  hereafter  be  acquired  by  the 
United  States,  lying  for  six  miles  in  width  on  each  side  of  the  follow- 
ing lines  of  railroads,  shall  be  granted  by  Congress  to  the  State  of 
Kansas:  1st.  Connnencing  on  the  Missouri  State  line,  at  some  point 
south  of  the  fourth  standard  parallel  line,  and  traversing  Southern 


a  This  constitution  was  adopted  at  a  convontion  whioli  met  at  Mineola  March 
2.3,  1S5S,  adjourned  to  Leavenworth  March  2:^.  18.58,  and  completed  its  lahors 
April  .3,  18r)i).  It  was  chiimed  that  it  was  suhmitted  to  tlie  people  of  Kansas 
third  Tuesday  of  May,  A.  D.  1858,  and  ratified,  reeeivinj?  4,:34()  votes  against 
1,257  votes. 


1222  Kansas— 18S8 

Kansas  westwardly ;  2cl.  Commencing  at  some  point  on  the  Missouri 
River  or  Missouri  State  line,  and  traversing  Central  Kansas  west- 
wardly;  3d.  Commencing  at  some  point  on  Missouri  River,  and 
traversing  Xorthern  Kansas  Avestwardly;  4th.  Commencing  at  some 
point  on  the  Missouri  River,  and  running  southerly  in  the  direction  of 
the  Gulf  of  Mexico:  Provided,  That  should  the  alternate  sections 
along  the  lines  of  said  railroads  he  disposed  of,  an  equal  numher  of 
sections  shall  be  selected  from  any  other  public  lands  contiguous  to 
said  railroads;  said  lands  to  be  reserved  and  conveyed  to  the  State, 
for  the  purpose  of  aiding  in  the  construction  of  said  railroads,  under 
such  rules  and  restrictions  as  may  hereafter  be  prescribed  by  law. 
The  Congress  of  the  United  States,  in  conjunction  with  the  proper 
authorities  of  this  State,  may  adopt  the  necessary  measures  for  carry- 
ing the  several  provisions  herein  contained  into  eifect. 

PREAMBLE 

We,  the  people  of  the  Territory  of  Kansas,  grateful  to  Almighty 
God  for  our  freedom,  by  our -delegates  in  convention  assembled,  hav- 
ing the  right  of  admission  into  the  Union  as  one  of  the  United  States 
of  America,  consistent  with  the  Federal  Constitution,  and  by  virtue 
of  the  treaty  of  cession  by  France  to  the  United  States  of  the  province 
of  Louisiana,  believing  that  the  time  has  arrived  when  our  present 
political  condition  should  cease  and  the  right  of  self-government  be 
asserted,  in  order  to  secure  to  ourselves  and  our  posterity  all  the 
rights  of  life,  liberty,  and  property,  and  the  free  pursuit  of  happi- 
ness, ordain  the  following  constitution  as  the  organic  law  of  a  free 
and  independent  State,  by  the  name  and  style  of  the  State  of  Kansas, 
bounded  as  follows,  to  wit :  Beginning  at  a  point  on  the  western  bound- 
ary of  the  State  of  Missouri  where  the  thirty-seventh  parallel  of  north 
latitude  crosses  the  same;  thence  west  on  said  parallel  to  the  eastern 
boundar}'  of  New  Mexico;  thence  north  on  said  boundary  to  latitude 
thirty-eight ;  thence,  following  said  boundary  westward  to  the  eastern 
boundary  of  the  Territory  of  Utah,  on  the  summit  of  the  Rocky 
Mountains ;  thence  northward  on  said  summit  to  the  fortieth  parallel 
of  latitude;  thence  east  on  said  parallel  to  the  western  boundary  of 
the  State  of  Missouri;  thence  south  with  the  western  boundary  of 
said  State  to  the  place  of  beginning. 

.    Article  I 

BILL   or   RIGHTS 

Section  1.  All  men  are  by  nature  equally  free  and  independent, 
and  have  certain  inalienable  rights,  among  which  are  those  of  enjoy- 
ing and  defending  life  and  liberty,  acquiring,  possessing,  and  protect- 
ing property,  and  seeking  and  obtaining  happiness  and  safety;  and 
the  right  of  all  men  to  the  control  of  their  persons  exists  prior  to  law, 
and  is  inalienable. 

Sec.  2.  All  political  power  is  inherent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority,  and  are  instituted  for 
their  equal  protection  and  benefit,  and  they  alone  have  the  right  at 
all  times  to  alter,  reform,  or  abolish  their  form  of  government  in 
such  manner  as  they  may  think  proper.     No  special  privileges  or 


Kansas— 1858  1223 

immunities  shall  ever  be  granted  by  the  general  assembly  which  may 
not  be  altered,  revoked,  or  repealed  by  the  same  anthority. 

Sec.  3.  The  people  have  the  right  to  assemble  in  a  peaceable  man- 
ner to  consult  for  their  common  good,  to  instruct  their  representatives, 
and  to  petition  the  general  assembly  for  the  redress  of  grievances. 

Sec.  4.  The  people  have  the  right  to  bear  arms  for  their  defence 
and  security ;  but  standing  armies  in  time  of  peace  are  dangerous  to 
liberty,  and  shall  not  be  kept  up,  and  the  military  shall  be  in  strict 
subordination  to  the  civil  power. 

Sec.  5.  The  right  of  trial  by  jury  shall  be  inviolate,  and  extend  to 
persons  of  every  condition. 

Sec.  6.  There  shall  be  no  slavery  in  this  State,  and  no  involuntary 
servitude,  unless  for  the  punishment  of  crime,  whereof  the  parties 
shall  have  been  duly  convicted. 

Sec.  7.  All  men  have  a  natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  conscience.  No 
person  shall  be  compelled  to  attend,  erect,  or  support  any  place  of 
worship,  or  maintain  any  form  of  worship  against  his  consent ;  and 
no  preference  shall  be  given  by  law  to  any  religious  society,  nor  shall 
any  interference  with  the  rights  of  conscience  be  permitted.  No 
religious  test  shall  be  required  as  a  qualification  for  office,  nor  shall 
an}^  person  be  incompetent  to  be  a  witness  on  account  of  religious 
belief;  but  nothing  herein  contained  shall  be  so  construed  as  to 
dispense  with  oaths  or  affirmations.  Eeligious  morality  and  knowl- 
edge, however,  being  essential  to  good  government,  it  shall  be  the 
duty  of  the  legislature  to  make  suitable  provisions  for  the  protection 
of  all  religious  denominations  in  the  peaceable  enjoyment  of  their 
modes  of  worship,  and  for  the  encouragement  of  schools  and  the 
means  of  instruction. 

Sec.  8.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless,  in  case  of  invasion  or  rebellion,  the  public  interest 
require  it. 

Sec.  9.  All  persons  shall  be  bailable  by  sufficient  sureties,  except  for 
capital  offences,  where  the  proof  is  evident  or  the  presumption  great. 
Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
cruel  or  unusual  punishment  inflicted. 

Sec.  10.  Excerpt  in  cases  of  impeachment,  and  in  cases  arising  in 
the  Army  or  Navy,  or  in  the  militia  when  in  actual  service  in  time  of 
war  or  public  danger,  and  in  cases  of  petit  larceny  and  other  inferior 
offences,  no  person  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime  unless  upon  presentment  or  indictment  of  a  grand 
jury.  In  any  trial  in  any  court,  the  accused  shall  be  allowed  to 
appear  and  defend  in  person  or  by  counsel;  to  denumd  the  nature 
and  cause  of  the  accusation  against  him ;  to  meet  the  witnesses  face  to 
face,  and  to  have  compulsory  process  to  procure  the  attendance  of 
witnesses  in  his  behalf,  and  aspeedy  public  trial  by  an  impartial  jury 
of  the  county  or  district  in  which  the  offence  is  alleged  to  have  l)een 
committed ;  nor  shall  any  person  be  compelled  in  any  criminal  case  to 
be  a  witness  against  himself,  or  twice  put  in  jeopardy  for  the  same 
offence. 

Sec.  11.  Every  citizen  may  freely  speak,  write,  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  such 
right;  and  no  law  shall  be  passed  to  restrain  or  abi'idge  the  liberty 
of  speech  or  of  the  press.     In  all  prosecutions  for  libel  the  truth  of 


1224  Kansas— 1868 

the  cliarge  may  he  given  in  evidence  to  (ho  jury,  and  if  it  shall  appear 
to  the  jury  that  the  matter  charged  as  libellous  is  true,  and  was  pub- 
lished with  good  motives  and  for  justifiable  ends,  the  accused  shall 
be  acquitted. 

Sec.  12.  No  person  shall  be  transported  out  of  the  State  for  any 
offence  committed  Avithin  the  same,  and  no  conviction  in  this  State 
shall  work  a  corruption  of  blood  or  forfeiture  of  estate. 

Sec.  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  a 
manner  prescribed  by  law. 

Sec.  14.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  possessions,  against  unreasonable  searches  and 
seizures,  shall  be  inviolate;  and  no  warrant  shall  issue  but  upon 
probable  cause,  supported  by  oath  or  affirmation,  particularly  describ- 
ing the  place  to  be  searched  and  the  persons  and  things  to  be  seized. 

Sec.  15.  No  person  shall  be  imprisoned  for  debt  in  any  civil  action 
or  mesne  or  final  process,  except  in  cases  of  fraud. 

Sec.  16.  All  courts  shall  be  open,  and  every  person,  for  an  injury 
done  him  in  his  land,  goods,  person,  or  reputation,  shall  have  a 
remedy  by  due  course  of  law,  and  justice  administered  without  denial 
or  delay. 

Sec.  it.  No  hereditary  emoluments,  honors,  or  privileges  shall  ever 
be  granted  or  conferred  in  this  State. 

Sec.  18.  No  power  of  susi:)ending  laws  shall  be  exercised  except  by 
the  general  assembly. 

Sec.  19.  Private  proi^erty  shall  ever  be  held  inviolate,  but  sub- 
servient to  the  public  welfare.  When  taken  in  time  of  war,  or  other 
public  exigencies  imperatively  requiring  its  immediate  seizure,  or  for 
the  purpose  of  making  or  repairing  roads,  which  shall  be  open  to  the 
public  without  charge,  a  just  compensation  shall  be  made  to  the 
owners  in  moneys ;  and  in  all  other  cases  where  private  property  shall 
be  taken  for  public  uses,  a  compensation  therefor  shall  first  be  made 
in  money,  or  first  secured  by  depositing  money,  and  such  compensation 
shall  be  estimated  by  a  jury  without  deduction  for  benefits  to  any 
property  of  the  owner. 

Sec.  20.  The  payment  of  a  tax  shall  not  be  a  qualification  for  exer- 
cising the  right  of  suffrage. 

Sec.  21.  This  enumeration  of  rights  shall  not  be  construed  to  im- 
pair or  deny  others  retained  by  the  people ;  and  all  powers  not  herein 
delegated  remain  with  the  people. 

Sec.  22.  No  indenture  of  any  persons  made  and  executed  out  of  the 
bounds  of  the  State  shall  be  valid  Avithin  the  State. 

Article  II 
elective  franchise 

Section  1.  In  all  elections  not  otherwise  provided  for  by  this  con- 
stitution, every  male  citizen  of  the  United  States,  of  the  age  of 
twenty-one  years  or  upwards,  who  shall  have  resided  in  the  State 
six  months  next  preceding  such  election,  and  ten  days  in  the  precinct 
in  which  he  may  offer  to  vote,  and  every  male  person  of  foreign  birth 


Kansas— 1858  1225 

of  the  age  of  twenty-one  j^ears  or  upwards,  and  who  shall  have  re- 
sided in  the  United  States  one  year,  in  this  State  six  months,  and  in 
the  precinct  in  which  he  may  offer  to  vote  ten  days  next  preceding 
such  election,  and  who  shall  have  declared  his  intention  to  become  a 
citizen  of  the  United  States  ten  days  preceding  such  election,  shall  be 
deemed  a  qualified  elector. 

Sec.  2.  Xo  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  this  State  in  consequence  of  being  stationed  within  the 
same,  nor  shall  any  such  soldier,  seaman,  or  marine  have  the  right 
to  vote. 

Sec.  3.  No  person  shall  be  deemed  to  have  lost  his  residence  in  this 
State  by  reason  of  his  absence  either  on  business  of  this  State  or  the 
United  States. 

Sec.  4.  Every  person  shall  be  disqualified  from  holding  office  dur- 
ing the  term  for  which  he  may  have  been  elected  who  shall  have  given 
or  offered  a  bribe  or  reward  to  procure  his  election. 

Sec.  5.  Every  person  Avho  shall  give  or  accept  a  challenge  to  fight 
a  duel,  or  who  shall  knowingly  carrj^  to  another  person  such  chal- 
lenge, or  who  shall  agree  to  go  out  of  this  State  to  fight  a  duel,  shall 
be  ineligible  to  any  office  of  trust  or  profit  in  this  State. 

Sec.  G.  The  general  assembly  shall  have  the  power  to  deprive  of 
the  right  of  suffrage  and  to  render  ineligible  to  office  any  person 
convicted  of  an  infamous  crime. 

Sec.  7.  No  person  holding  a  lucrative  office  or  appointment  under 
the  Constitution  or  laws  of  the  United  States,  or  of  this  State,  shall 
be  eligible  to  a  seat  in  the  .general  assembly;  nor  shall  any  person 
hold  more  than  one  lucrative  office  at  the  same  time,  except  as  in  this 
constitution  expressly  permitted :  Provided^  That  offices  in  the  militia 
to  which  there  is  attached  no  annual  salary,  where  the  compensation 
does  not  exceed  ninety  dollars  per  annum,  shall  not  be  deemed 
lucrative. 

Sec.  8.  No  person  who  may  hereafter  be  collector  or  holder  of 
l)ublic  monej'S  shall  be  eligible  to  any  office  of  trust  or  profit  in  the 
State  until  he  shall  have  accounted  for  and  paid  into  the  proper 
treasury  all  sums  for  whicli  he  may  be  accountable. 

Sec.  9.  Any  person  who  shall  commit  a  fraud  tending  to  affect  the 
result  of  any  election  in  this  State  shall,  on  conviction  thereof,  be 
forever  ineligible  as  an  elector. 

Article  III 

DISTRIBUTION    OF    POWERS 

Section  1.  The  powers  of  the  government  shall  be  divided  into 
three  separate  departments:  the  legislative,  the  executive,  including 
tlie  administrative,  and  the  judicial;  and  no  person  charged  with 
official  duties  under  one  of  these  departments  shall  exercise  an}^  of 
the  functions  of  another,  except  as  in  this  constitution  expressly 
provided. 


1226  ■  Kansas— 1858 

Article  IV 

LE(iISLATURE 

Section  1.  The  legislative  power  of  the  State  shall  be  vested  in  the 
general  assembly,  which  shall  consist  of  a  senate  and  house  of  repre- 
sentatives. 

Sec.  2.  The  senators  and  representatives  shall  be  chosen  annually, 
by  the  qualified  electors  of  the  respective  counties  or  districts  for 
which  they  are  chosen,  on  the  Tuesday  next  after  the  first  Monday  in 
November.  Their  terms  of  office  shall  be  one  year,  and  shall  com- 
mence on  the  first  day  of  January  next  after  their  election. 

Sec.  3.  There  shall  be  elected  at  the  first  election  twenty -five  sen- 
ators and  seventy-five  representatives,  and  the  number  afterwards 
shall  be  regulated  by  law;  and  the  general  assembly  shall,  in  all 
apportionments  for  members  of  the  legislature,  establish  single  rep- 
resentative and  single  senatorial  districts. 

Sec.  4.  No  person  shall  be  eligible  to  the  office  of  senator  or  repre- 
sentative who  shall  not  at  the  time  of  his  election  possess  the  qualifi- 
cations of  an  elector. 

Sec.  5.  Each  house,  except  as  otherwise  provided  in  this  constitu- 
tion, shall  choose  its  own  officers,  determine  its  ow^n  rules  of  proceed- 
ing, punish  its  members  for  disorderly  conduct,  and,  with  the 
concurrence  of  two-thirds  of  all  the  members  elected  to  the  house, 
expel  a  member,  but  not  the  second  time  for  the  same  cause;  and 
shall  judge  of  the  qualification,  election,  and  return  of  its  own  mem- 
bers, and  have  all  other  powers  necessary  to  secure  its  safety  and  the 
undisturbed  transaction  of  its  business. 

Sec.  6.  Each  house  shall  keep  a  journal  of  its  proceedings,  which 
shall  be  published.  The  yeas  and  nays  shall,  at  the  request  of  two 
members,  be  taken  and  entered  on  the  journal. 

Sec.  7.  Any  member  of  either  house  shall  have  the  right  to  protest 
against  any  act  or  resolution  thereof;  and  such  protest  and  reason 
therefor  shall,  without  alteration,  commitment,  or  delay,  be  entered 
on  the  journal. 

Sec.  8.  All  vacancies  which  may  occur  in  either  house  shall,  for  the 
unexpired  term,  be  filled  by  election,  as  shall  be  prescribed  by  law. 

Sec.  9.  Senators  and  representatives  shall,  in  all  cases,  except 
treason,  felony,  or  breach  of  the  peace,  be  privileged  from  arrest  dur- 
ing the  session  of  the  general  assembly,  and  in  going  to  and  returning 
from  the  same ;  and  for  words  spoken  in  debate  they  shall  not  be 
questioned  in  any  other  place. 

Sec.  10.  A  majority  of  all  the  members  elected  to  each  house  voting 
in  the  affirmative  shall  be  necessary  to  pass  a  bill  or  joint  resolution, 
and  all  bills  and  joint  resolutions  so  passed  shall  be  signed  by  the 
presiding  officers  of  the  respective  houses  and  presented  to  the  gov- 
ernor for  his  approval. 

Sec.  11.  The  doors  of  each  house  and  of  committees  of  the  whole 
shall  be  kept  open.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  two  days,  nor  to  any  other  place  than 
that  in  which  the  two  houses  shall  be  sitting,  except  for  personal 
safety. 


Kansas— 1858  1227 

Sec.  12.  Every  bill  shall  be  read  by  sections  in  each  house  on  three 
several  days,  except  in  case  of  emergency.  Two-thirds  of  the  house 
where  such  bill  is  pending  may,  if  deemed  expedient,  suspend  the 
rules  on  a  call  of  the  yeas  and  nays;  but  the  reading  of  a  bill  by  sec- 
tions on  its  final  j^assage  shall  in  no  case  be  dispensed  with ;  and  the 
vote  on  the  final  passage  of  every  bill  and  joint  resolution  shall  be 
taken  by  j^eas  and  nays,  and  entered  on  the  journal. 

Sec.  13.  Every  act  shall  contain  but  one  subject,  which  shall  be 
clearly  expressed  in  its  title.  Bills  may  originate  in  either  house.  l)ut 
may  be  altered,  amended,  or  rejected  by  the  other. 

Sec.  14.  In  all  cases  where  a  general  law  can  be  made  applicable, 
special  laws  shall  not  be  enacted. 

Sec.  15.  No  act  shall  ever  be  revived  or  amended  by  mere  reference 
to  its  title,  but  the  act  revived  or  the  section  amended  or  revived  at 
full  length. 

Sec.  16.  No  general  act  shall  take  effect  until  the  same  shall  have 
been  published  and  circulated  in  the  counties  of  the  State  by  author- 
ity, except  in  case  of  emergency,  which  emergency  shall  be  declared 
in  the  preamble  or  the  body  of  the  law. 

Sec.  17.  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  shall  be  prescribed  by  law ;  but  no  appointing  power  shall  be  exer- 
cised by  the  general  assembly,  except  as  provided  in  this  constitution 
and  in  the  election  of  the  United  States  Senators,  and  in  these  cases 
the  vote  shall  be  taken  vioa  voce. 

Sec.  18.  The  general  assembly  shall  not  have  power  to  enact  special 
laws  annulling  the  contract  of  marriage. 

Sec.  19.  The  general  assembly  shall  not  have  power  to  pass  retro- 
active laws,  or  laws  impairing  the  obligation  of  contracts,  but  may, 
by  general  laws,  authorize  the  courts  to  carry  into  effect,  upon  such 
terms  as  shall  be  just  and  equitable,  the  manifest  intention  of  parties 
and  officers,  by  curing  omissions,  defects,  and  errors  in  instruments 
and  proceedings  arising  out  of  a  want  of  conformity  with  the  laws 
of  this  State. 

Sec.  20.  The  style  of  the  laws  of  this  State  shall  be,  '''Be  it  enacted 
hy  the  general  asseTnhly  of  the  State  of  Kansas^ 

Sec.  21.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment.  All  impeachments  shall  be  tried  by  the  senate,  and, 
when  sitting  for  this  purpose,  the  senators  shall  be  upon  oath  or 
affirmation  to  do  justice  according  to  law  and  evidence.  No  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  all  the 
senators  present. 

Sec.  22.  The  governor  and  all  other  civil  officers  under  the  laws  of 
this  State  shall  be  liable  to  impeachment  for  any  misdemeanor  in 
office,  but  judgment  in  such  cases  shall  not  extend  further  than 
removal  from  office  and  disqualification  to  hold  any  office  of  honor, 
trust,  or  profit  under  the  laws  and  constitution  of  this  State.  The 
party,  whether  convicted  or  acquitted,  shall  nevertheless  be  liable  to 
indictment,  trial,  judgment,  and  punishment  according  to  law. 

Sec.  23.  Within  one  year  after  the  ratification  of  this  constitution, 
and  within  two  years  subsequently,  for  the  term  of  ten  years,  an 

7252— VOL  2—07 23 


1228  Kansas— 1858 

enumeration  of  all  the  inhabitants  of  this  State  shall  be  made  in  siicli 
manner  as  shall  be  directed  by  law. 

Sec.  24.  All  regular  sessions  of  the  general  assembly  shall  be  held 
at  the  capital  of  the  State,  and  shall  commence  on  the  first  Monday  of 
January  annually. 

Sec.  25.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives. 

Sec.  2f).  The  members  of  the  general  assembly  shall  receive  for 
their  services  the  sum  of  four  dollars  per  day  for  each  and  every  day 
they  are  actually  in  attendance  at  any  regular  or  special  session,  and 
four  dollars  for  every  twenty  miles  they  shall  travel  in  going  to  and 
returning  from  the  place  of  meeting  by  the  usually-travelled  route; 
and  no  regular  sessions  of  the  general  assembly,  except  the  first,  under 
this  constitution,  shall  extend  beyond  the  term  of  sixty  daj^s,  nor  any 
special  session  more  than  forty  days. 

Sec.  27.  Every  bill  or  resolution  shall,  before  its  final  passage,  be 
printed  for  the  use  of  the  general  assembly. 

Article  V 

EXECUTIVE 

Section  1.  The  executive  department  shall  consist  of  a  governor,  a 
lieutenant-governor,  secretary  of  state,  treasurer  of  state,  auditor  of 
state,  and  attorney-general,  who  shall  be  chosen  by  the  electors  of  the 
State  at  the  same  time  and  place  of  voting  as  for  the  members  of  the 
general  assembly. 

Sec.  2.  The  term  of  office  of  the  governor,  lieutenant-governor, 
treasurer,  auditor,  secretary  of  state,  and  attorney-general,  shall  com- 
mence on  the  first  day  of  January  next  after  their  election,  and  shall 
continue  for  two  years,  and  until  their  successors  are  elected  and  quali- 
fied. Xo  person  shall  be  eligible  for  the  above  offices  more  than  two 
out  of  three  consecutive  terms. 

Sec.  3.  The  returns  of  every  election  for  the  officers  named  in  the 
preceding  section  shall  be  sealed  up  and  transmitted  to  the  seat  of 
government  by  the  returning  officers,  directed  to  the  secretary  of  state, 
who  shall  lay  the  same  before  the  general  assembly  at  their  first  meet- 
ing thereafter,  when  they  shall  open  and  canvass  them,  and  publish 
and  declare  the  result  thereof  in  the  presence  of  a  majority  of  the 
members  of  both  houses.  The  persons  having  the  highest  number  of 
votes  shall  be  declared  duly  elected,  and  a  certificate  thereof  given 
to  such  persons,  signed  by  the  presiding  officers  of  both  houses;  but 
if  any  two  or  more  shall  have  the  highest  and  equal  number  of  votes 
for  the  same  office,  one  of  them  shall  be  chosen  by  a  vote  of  the  two 
liouses  of  the  general  assembly  in  joint  session. 

Sec.  4.  The  executive  power  shall  be  vested  in  a  governor. 

Sec.  5.  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. 

Sec.  6.  He  shall  communicate  at  every  session,  by  message,  to  the 
general  assembly,  the  condition  of  the  affairs  of  the  State,  and  recom-- 
mend  such  measures  as  he  shall  deem  expedient  for  their  action, 


Kansas— 1858  1229 

Sec.  7.  He  may,  on  extraordinary  occasions,  convene  the  general 
assembly  by  proclamation,  and  shall  state  in  such  proclamation  the 
purpose  for  which  they  are  convened ;  and  the  general  assembly  shall 
enter  upon  no  legislative  business  excejDt  that  for  which  they  were 
especially  called  together. 

Sec.  8.  In  case  of  disagreement  between  the  two  houses  in  respect 
to  the  time  of  adjournment,  he  shall  have  power  to  adjourn  the  gen- 
eral assembly  to  such  time  as  he  may  think  proper,  but  not  beyond  the 
regular  meetings  thereof. 

Sec.  9.  He  shall  be  commander-in-chief  of  the  military  in  the  State, 
except  when  they  shall  be  called  into  the  service  of  the  United  States. 

Sec.  10.  The  pardoning  power  shall  be  vested  in  the  governor, 
under  such  regulations  and  restrictions  as  may  be  prescribed  by  law. 

Sec.  11.  There  shall  be  a  seal  of  the  State,  the  device  for  which 
shall  be  agreed  upon  by  the  general  assembly,  and  which  shall  be  kept 
by  the  governor  and  used  by  him  officially,  and  shall  be  called  "  The 
Seal  of  the  State  of  Kansas." 

Sec.  12.  All  grants  and  commissions  shall  be  issued  in  the  name  and 
by  the  authority  of  the  State  of  Kansas,  sealed  with  the  seal  thereof, 
signed  by  the  governor,  and  countersigned  by  the  secretary  of  state. 

Sec.  13.  No  member  of  either  house  of  Congress,  or  other  persons 
holding  office  under  the  authority  of  this  State  or  of  the  United  States, 
shall  execute  the  duties  of  governor,  except  as  herein  provided. 

Sec.  14.  In  case  of  the  death,  impeachment,  resignation,  removal,  or 
other  disability  of  the  governor,  the  lieutenant-governor  shall  exer- 
cise the  duties  of  the  office  of  governor  until  another  governor  shall  be 
duly  qualified  or  the  disability  be  removed ;  but  in  such  case  another 
governor  shall  be  chosen  at  the  next  annual  election  for  members  of 
the  general  assembly,  unless  such  death,  resignation,  impeachment, 
removal,  or  other  disability,  shall  occur  within  three  calendar  months 
immediately  preceding  such  next  annual  election,  in  which  case  a 
governor  shall  be  chosen  at  the  second  succeeding  annual  election  for 
members  of  the  general  assembly ;  and  in  case  of  the  death,  impeach- 
ment, resignation,  removal,  or  other  disability  of  the  lieutenant-gov- 
ernor, the  president  of  the  senate  /?rc>  tempore  shall  exercise  the  office 
of  goA^ernor,  until  a  governor  shall  be  duly  qualified  as  aforesaid. 

Sec.  15.  The  lieutenant-governor  shall  be  president  of  the  senate, 
but  shall  vote  only  when  the  senate  is  equally  divided,  and  shall  be 
entitled  to  the  same  pay  as  the  speaker  of  the  house  of  representatives, 
and  in  case  of  his  death,  resignation,  impeachment,  removal  from 
office,  or  when  he  shall  exercise  the  office  of  governor,  the  senate  shall 
choose  a  president  pro  tempore. 

Sec.  16.  Should  the  office  of  secretary  of  state,  auditor  of  state, 
treasurer  of  state,  or  attorney-general,  become  vacant,  for  any  of  the 
causes  specified  in  the  fourteenth  and  fifteenth  sections,  the  governor 
shall  fill  the  vacancy  or  vacancies  until  the  disnl)ility  is  removed  or  a 
successor  is  elected  and  qualified.  Every  such  vacancy  shall  be  filled 
by  election  at  the  first  general  election  that  occurs  more  than  thirty 
days  after  such  vacancy  shall  have  occurred,  and  the  person  chosen 
shall  hold  the  office  for  the  full  term  fixed  in  the  second  section  of  this 
article. 

Sec.  17.  The  officers  mentioned  in  this  article  shall,  at  stated  times, 
receive  for  their  services  compensation  to  be  fixed  by  law,  which  shall 


1230  Kansas— 1858 

neither  be  increased  or  diminished  dnrinj^  the  period  for  which  they 
shall  have  been  elected. 

Sec.  18.  The  officers  of  the  executive  department  and  of  the  public 
State  institutions  shall,  at  least  ten  days  preceding  each  regular  ses- 
sion of  the  general  assembly,  severally  report  to  the  governor,  who 
shall  transmit  the  same  to  the  general  assembly. 

Sec.  19.  Every  bill  which  shall  have  passed  both  houses  shall  be 
presented  to  the  governor.*  If  he  approves,  he  shall  sign  the  same, 
but  if  he  shall  not  approve,  he  shall  return  it,  with  his  objections,  to 
the  house  in  which  it  shall  have  originated,  Avhich  shall  enter  the 
objections  at  large  upon  the  journal  and  proceed  to  reconsider  the 
bill.  If,  after  such  reconsideration,  a  majority  of  that  house  shall 
agree  to  pass  the  l)ill,  it  shall  be  sent,  with  the  objections,  to  the  other 
house,  by  which,  likewise,  it  shall  be  reconsidered,  and,  if  approved 
by  a  majority  of  that  house,  it  shall  be  a  law ;  but  in  such  case  the 
votes  of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  persons  voting  for  or  against  the  bill  shall  be  entered  on 
the  journals  of  each  house  respectively.  If  any  bill  shall  not  be 
returned  by  the  governor  within  three  days  (Sundays  excepted)  after 
it  shall  have  been  presented  to  him,  it  shall  be  a  law,  in  like  manner 
as  if  he  had  signed  it.  unless  the  general  assembly,  by  adjournment, 
prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

Article  VI 

JUDICIAL 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  a 
supreme  court,  circuit  courts,  county  courts,  justices  of  the  peace,  and 
in  such  other  courts  inferior  to  the  supreme  court  as  may  be  estab- 
lished in  the  manner  hereinafter  provided. 

Sec.  2.  The  supreme  court  shall  consist  of  three  judges,  a  majority 
of  whom  shall  form  a  quorum.  It  shall  hold  at  least  one  term  in  each 
year,  at  the  seat  of  government,  and  such  other  terms,  there  or  else- 
where, as  may  be  required  by  law. 

Sec.  3.  The  judges  of  the  supreme  court  shall  be  elected  by  the 
electors  of  the  State  at  large,  at  the  first  election  under  this  constitu- 
tion. The  term  of  one  of  said  judges  shall  be  two  years,  of  another 
four  years,  of  another  six  years;  and  at  all  subsequent  elections  the 
term  of  each  of  said  judges  shall  be  six  years. 

Sec.  4.  The  judge  having  the  shortest  term  to  serve,  not  holding  by 
appointment,  shall  be  chief  justice. 

Sec.  5.  The  general  assembly  shall  provide  by  law  for  the  speedy 
publication  of  the  decisions  of  the  supreme  court. 

Sec.  6.  There  shall  be  elected  by  the  voters  of  the  State  a  clerk  and 
a  reporter  for  the  supreme  court,  who  shall  hold  their  offices  for  three 
years. 

Sec.  7.  The  circuit  courts  shall  each  consist  of  one  judge.  The 
State  shall  be  divided  into  judicial  circuits,  and  a  judge  for  each  cir- 
cuit shall  be  elected  by  the  voters  thereof.  He  shall,  while  in  office, 
reside  in  the  circuit  for  which  he  is  chosen,  and  his  term  of  office  shall 
be  three  years. 

Sec.  8.  Until  otherwise  provided  by  law,  there  shall  be  five  judicial 
circuits,  as  follows:  The  first,  comprising  the  counties  of  Leaven- 


Kansa.^—1858  1231 

worth,  Jefferson,  Atchison,  and  Brown;  the  second,  the  counties  of 
Calhoim,  Nemaha,  Pottawatomie,  Marshall,  Rile}',  Washington,  and 
Clay;  the  third,  the  counties  of  Shawnee,  Douglas,  Johnson,  Lvkins, 
Franklin,  and  Weller;  the  fourth,  the  counties  of  Linn,  Bourbon, 
Coffey,  Anderson,  Allen,  AVoodson,  Dorr,  and  McGee;  the  fifth,  the 
counties  of  Richardson,  Breckenridge,  Madison,  Greenwood,  Godfrey, 
Hunter,  Butler,  Wise,  Davis,  and  Dixson. 

Sec.  9.  The  general  assembly  may  provide  by  law  that  the  judge  of 
one  circuit  may  hold  the  courts  of  another  circuit  in  case  of  necessity 
or  convenience. 

Sec.  10.  The  county  courts  shall  each  consist  of  one  judge,  who 
shall  be  elected  by  the  voters  of  each  county,  who  shall  reside  in  the 
county,  and  his  term  of  office  shall  be  tAvo  years. 

Sec.  11.  a  sufficient  number  of  justices  of  the  peace  shall  be  elected 
by  the  voters  of  each  township  of  the  several  counties.  Their  term  of 
office  shall  be  two  years. 

Sec.  12.  All  judges,  other  than  those  hereinbefore  provided  for, 
shall  be  elected  by  the  electors  of  the  judicial  district  over  which  their 
jurisdiction  may  extend,  but  not  for  a  term  of  office  longer  than  six 
years. 

Sec.  1?>.  The  jurisdiction  of  the  supreme  court,  the  circuit  courts, 
the  county  courts,  the  justices  of  the  peace,  and  such  other  courts  as. 
may  be  created,  shall  be  fixed  by  law ;  and  the  judges  of  the  courts 
shall,  respectively,  have  and  exercise  such  power  and  jurisdiction  at 
chambers  as  may  be  provided  by  law. 

Sec  14.  Judges  may  be  removed  from  office  by  concurrent  resolu- 
tion 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  upon  the  journal,  nor  until  the  partv  charged  shall  have 
notice  thereof  and  an  opportunity  to  be  heard. 

Sec.  15.  In  case  the  office  of  any  judge  shall  become  vacant  before 
the  expiration  of  the  term  for  which  he  was  elected,  the  vacancy  shall 
be  filled  by  appointment  by  the  governor,  until  a  successor  shall  be 
elected  for  the  residue  of  the  unexpired  term,  at  the  first  annual  elec- 
tion that  occurs  more  than  thirty  days  after  such  vacancy  shall  have 
happened. 

Sec  10.  The  compensation  of  the  judges  of  the  supreme  court  and 
the  circuit  courts  shall  not  be  increased  or  diminished  during  their 
term  of  office,  and  they  shall  receive  no  fees  or  perquisites,  nor  hold 
any  office  of  profit  and  trust  under  the  State  other  than  a  judicial 
office. 

Sec  17.  The  general  assembly  may  at  any  time  increase  the  num- 
ber of  the  judges  of  the  supreme  court,  may  increase  or  diminish  the 
number  of  the  judicial  circuits,  or  change  the  circuits,  or  may  estab- 
lish other  courts  by  a  law  passed  by  two-thirds  of  the  members  elected 
to  each  house;  but  no  such  change,  addition,  or  diminution  shall 
vacate  the  office  of  any  judge. 

Sec  18.  There  shall  l^e  elected  in  each  county,  by  the  electors 
thereof,  one  clerk  of  the  courts,  who  shall  hold  his  office  for  the  term 
of  two  years,  and  until  his  successor  shall  be  elected  and  qualified. 
He  shall  be  clerk  of  the  county  court  and  the  circuit  court  in  the 
county  in  which  he  is  chosen. 

Sec  19.  There  shall  be  elected  in  each  county,  by  the  voters  thereof, 


1232  Kansas— 1858 

one  county  attorney,  who  shall  hold  his  office  for  the  term  of  two 
3^ears,  and  until  his  successor  shall  be  elected  and  qualified. 

Sec.  20.  The  duties,  compensation,  fees,  and  perquisites  of  the 
officers  provided  for  in  this  article  shall  be  fixed  by  law. 

Sec.  21.  The  style  of  all  process  shall  be  "  The  State  of  Kansas." 
All  prosecutions  shall  be  carried  on  in  the  name  and  by  the  authority 
of  the  State  of  Kansas,  and  all  indictments  shall  conclude  "  against 
the  peace  and  dignity  of  the  State  of  Kansas." 

Article  VII 

EDUCATION 

Section  1.  The  stability  and  perpetuity  of  free  republican  insti- 
tutions depend  upon  the  intelligence  and  virtue  of  the  people; 
therefore,  it  is  declared  to  be  the  duty  of  the  State  to  establish  by 
law,  at  the  earliest  possible  period,  a  uniform  system  of  free  schools, 
in  which  every  child  in  the  State  shall  be  entitled  to  receive  a  good 
common-school  education  at  the  public  expense. 

Sec.  2.  The  principal  of  all  school-funds,  from  whatever  source, 
shall  be  the  common  property  of  the  State,  and  may  be  increased, 
but  shall  forever  be  preserved  inviolate  and  undiminished. 

Sec.  3.  The  income  of  the  school-fund  shall  be  devoted  exclusively 
to  the  support  of  schools,  and,  together  with  any  funds  raised  in  any 
other  manner  for  school  purposes,  shall  be  distributed  through  the 
county  or  township  treasurer  to  the  several  school  districts,  in  some 
equitable  proportion,  to  the  number  of  children  and  youth  resident 
therein  between  the  ages  of  five  and  twenty-one  years. 

Sec.  4.  The  school-lands  shall  never  be  sold  until  such  sale  is 
authorized  by  a  free  and  fair  vote  of  the  people  of  Kansas,  but,  sub- 
ject to  valuation  every  three  years,  may  be  leased  at  a  per  centum 
established  by  law. 

Sec.  5.  No'  religious  sect  or  sects  shall  ever  have  any  right  to,  or 
control  of,  any  part  of  the  school-funds  of  this  State. 

Sec.  6.  The  general  assembly  shall  make  such  provision,  by  taxa- 
tion or  otherwise,  as,  with  the  income  arising  from  the  school-fund, 
will  secure  throughout  the  State  the  maintenance  of  a  thorough  and 
uniform  system  of  common  schools,  which  shall  be  kept  up  and  sup- 
ported in  each  district  at  least  four  months  in  each  year,  and  shall  be 
open  and  free  to  every  child  in  the  State  between  the  ages  of  five  and 
twenty-one  years. 

Sec.  7.  As  the  means  of  the  State  will  admit,  educational  institu- 
tions of  a  higher  grade  shall  be  established  by  law,  so  as  to  form  a 
complete  system  of  public  instruction,  embracing  the  primary,  normal, 
preparatory,  collegiate,  and  university  departments. . 

Sec.  8.  At  the  first  election  of  State  officers,  and  biennially  there- 
after, the  people  shall  elect  a  superintendent  of  public  instruction, 
whose  duties  and  compensation  shall  be  prescribed  by  law. 

Sec.  9.  At  the  first  election  of  State  officers,  and  biennially  there- 
after, there  shall  be  elected  by  the  people  a  commissioner  of  school- 
funds,  who  shall  have  the  charge  of  the  school-lands  and  the  principal 
of  the  school-fund,  Avhose  duties  and  compensation  shall  be  prescribed 
by  law. 


Kansas— 1858  1233 

Article  VIII 

PUBLIC    INSTITUTIONS 

Section  1.  It  shall  be  the  duty  of  the  general  assembly,  at  as  early 
a  date  as  possible,  to  provide  State  asylums  for  the  benefit,  treatment, 
and  instruction  of  the  blind,  deaf  and  dumb,  and  insane. 

Sec.  2.  The  general  assembly  shall  make  provision  for  the  estab- 
lishment of  an  asylum  for  idiots,  to  be  regulated  by  law. 

Sec.  3.  The  general  assembly  shall  make  provision  for  the  estab- 
lishment of  houses  of  refuge,  for  the  correction,  reform,  and  instruc- 
tion of  juvenile  offenders. 

Sec.  4.  It  shall  be  the  duty  of  the  general  assembly  to  make  provi- 
sion, as  soon  as  possible,  for  a  State  hospital  and  a  State  peniten- 
tiary: Proride(U  That  not  more  than  one  of  the  aforesaid  institutions 
shall  be  located  in  any  county  of  this  State,  the  location  to  be  deter- 
mined by  a  vote  of  the  electors  at  large  at  any  general  election,  and 
that  the  directors  and  superintendents  of  the  same  shall  be  elected  by 
the  people. 

Sec.  5.  The  respective  counties  of  the  State  shall  provide  in  some 
suitable  manner  for  those  inhabitants  who,  by  reason  of  age,  infirmity, 
or  other  misfortune,  may  have  claims  upon  the  sympathy  and  aid  of 
society,  under  provision  to  be  made  by  the  laws  of  the  general 
assembly. 

Article  IX 

MILITIA 

Section  1.  The  governor  shall  be  the  commander-in-chief  of  the 
military  forces  of  the  State,  excepting  when  these  forces  shall  be 
actually  in  the  service  of  the  United  States,  and  shall  have  power  to 
call  out  any  part  or  the  whole  of  said  military  forces  to  aid  in  the  exe- 
cution of  the  laws,  to  suppress  insurrection,  and  to  repel  invasion. 

Sec.  2.  All  male  citizens  of  this  State  between  the  ages  of  eighteen 
and  forty-five  years,  excepting  those  who  are  conscientiously  opposed 
to  bearing  arms  and  such  others  as  may  be  by  law  exempted,  shall  be 
enrolled  in  the  militia,  and  held  to  perform  such  military  duty  as  by 
law  may  be  required. 

Sec.  3.  The  general  assembly  shall  provide  by  law  for  organizing 
and  disciplining  the  militia  in  such  manner  as  it  shall  deem  expedient. 

Article  X 

PUBLIC   DEBT 

Section  1.  No  money  shall  be  paid  out  of  the  treasury,  except  in 
pursuance  of  an  appropriation  by  law. 

Sec.  2.  The  credit  of  the  State  shall  never  be  given  or  loaned  in  aid 
of  any  individual,  association,  or  corporation. 

Sec.  3.  For  the  purpose  of  defraying  extraordinary  expenditures, 
the  State  may  contract  public  debts;  but  such  debts  shall  never,  in  the 
aggregate,  exceed  one  hundred  thousand  dollars,  unless  authorized  by 


1234  Kansas— 1858 

a  direct  vote  of  the  people  at  a  general  election.  Every  such  debt 
shall  be  authorized  by  law,  and  every  such  law  shall  provide  for  the 
payment  of  the  annual  interest  of  such  debt,  and  the  principal  within 
ten  years  from  the  passage  of  such  law ;  and  such  appropriation  shall 
not  be  repealed  imtil  the  principal  and  interest  shall  haVe  been 
Avholly  paid. 

Sec.  4.  The  legislature  may  also  borrow  money  to  repel  invasion, 
suppress  insurrection,  or  defend  the  State  in  time  of  war;  but  the 
money  thus  raised  shall  be  applied  exclusivel}'^  to  the  object  for  which 
the  loan  was  authorized  or  repayment  of  the  debt  thereby  created. 

Sec.  5.  No  scrip,  certificate,  or  other  evidence  of  State  debt  what- 
ever shall  be  issued,  except  for  such  debts  as  are  authorized  by  the 
third  and  fourth  sections  of  this  article. 

Article  XI 

FINANCE  AND  TAXATION 

Section  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. 

Sec.  2.  Laws  shall  be  passed  taxing,  by  a  uniform  rule,  all  real  and 
personal  property,  according  to  its  true  value  in  money ;  but  burying- 
grounds,  school-houses,  and  other  property  used  exclusively  for  edu- 
cational purposes,  houses  used  exclusively  for  public  worship,  not 
exceeding  fifty  thousand  dollars  in  value,  institutions  of  public  char- 
ity, public  and  municipal  property  used  exclusively  for  public  and 
municipal  purposes,  and  personal  property  to  an  amount  not  exceed- 
ing in  value  two  hundred  dollars  for  each  head  of  a  family,  may,  by 
general  laws,  be  exempted  from  taxation ;  but  all  such  laws  shall  be 
subject  to  alteration  or  repeal,  and  the  value  of  all  such  property  so 
exempted  shall,  from  time  to  time,  be  ascertained  and  iDublishecl  as 
rnay  be  directed  by  law. 

Sec.  3.  The  general  assembly  shall  provide  for  raising  revenue  suf- 
ficient to  defray  the  expenses  of  the  State  for  each  year;  and  also  a 
sufficient  sum  to  pay  the  interest  and  such  part  of  the  principal  of  a 
State  debt,  if  any  such  debt  shall  accrue,  as  may  be  directed  by  law. 

Sec.  4.  No  tax  shall  be  levied  except  in  pursuance  of  law;  and 
every  law  imposing  a  tax  shall  state  distinctly  the  object  of  the  same, 
to  which  only  it  shall  be  applied. 

Sec.  5.  The  State  shall  never  contract  any  debt  for  j^urposes  of 
internal  improvements. 

Sec.  6.  In  the  passage  in  either  house  of  the  general  assembly  of 
any  law  which  imposes,  continues,  or  renews  a  tax,  or  makes,  con- 
tinues, or  renews  an  appropriation  of  public  or  trust  moneys,  or  to 
release,  discharge,  or  commute  a  claim  or  demand  of  the  State,  the 
vote  shall  be  taken  by  yeas  and  nays,  Avhich  shall  be  duly  entered  on 
the  journal ;  and  three-fifths  of  all  the  members  elected  to  such  house 
shall,  in  all  such  cases,  be  requisite  to  constitute  a  quorum. 


Kansas— 1858  1235 

Article  XII 

COUNTIES    AND    COUNTY    AND    TOWNSHIP    OFFICERS 

Section  1.  The  general  assembly  shall  provide  by  law  for  submit- 
ting to  the  people  of  each  county,  at  an  annual  election,  the  question 
of  the  location  of  county-seats ;  and  the  general  assembly  may  change 
the  lines  of  counties,  but  shall,  by  law,  submit  such  proposed  altera- 
tions to  the  electors  of  the  county  or  counties  affected  thereby  at  a 
general  election ;  said  alterations  to  be  made  to  township-lines  as  far 
as  practicable. 

Sec.  2.  The  general  assembly  shall  provide  by  law  for  the  creation 
and  election  of  county,  city,  town,  and  township  officers. 

Sec.  3.  All  officers  whose  election  or  appointment  is  not  provided 
for  by  this  constitution  shall  be  elected  by  the  people,  or  appointed 
as  the  general  assembly  may  by  law  direct. 

Sec.  4.  Provision  shall  be  made  by  law  for  the  removal,  for  miscon- 
duct or  malversation  in  office,  of  all  officers  whose  powers  and  duties 
are  not  local  or  legislative,  and  who  shall  be  elected  at  general  elec- 
tions, and  also  for  supplying  vacancies  created  by  such  removal. 

Sec.  5.  The  legislature  may  declare  the  cases  in  which  any  office 
shall  be  deemed  vacant,  where  no  provision  is  made  for  that  purpose 
in  this  constitution. 

Article  XIII 

ELECTIONS 

Section  1.  All  elections  shall  be  free  and  equal. 

Sec.  2.  Electors  shall  in  all  cases,  except  treason,  felony,  and  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attendance  on 
elections,  and  in  going  to  and  returning  from  them. 

Sec.  3.  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  race. 

Sec.  4.  All  general  elections  shall  be  held  on  the  Tuesday  next  suc- 
ceeding the  first  Monday  in  November  of  each  year. 

Sec.  5.  Returns  of  elections  for  members  of  Congress,  the  general 
assembly,  and  all  other  officers  not  otherwise  provided  for,  shall  be 
made  to  the  secretary  of  state,  in  such  manner  as  may  be  prescribed 
by  law. 

Article  XIV 

CORPORATIONS 

Section  1.  Corporations  may  be  created  under  general  laws,  but 
shall  not  be  created  by  special  acts,  except  for  municipal  purposes. 
All  general  laws  and  special  acts  authorizing  or  creating  corpora- 
tions may  be  altered  from  time  to  time  or  repealed. 

Sec.  2.  Dues  from  cor]:)orations  shall  be  secured  by  such  individual 
liability  of  the  stockholders  and  other  means  as  shall  be  ])rescribcd 
by  law,  and  each  stockholder  of  a  corporation  or  joint-stock  associa- 
tion, except  corporations  foi-  chai'ital)le  purposes  and  railroad  cor- 
porations, shall  be  individually  liable  over  and  above  the  stock  by 


1236  Kansas— 1858 

him  or  her  OTvnod,  and  any  amount  unpaid  thereon,  to  a  further  sum 
at  least  e(|ual  in  amount  to  such  stock. 

Sec.  3.  The  property  of  corporations,  except  for  charitable  and 
religious  purposes,  now  existing  and  to  be  hereafter  created,  shall  be 
subject  to  taxation  the  same  as  the  property  of  individuals. 

Sec.  4.  All  real  estate  or  other  property  of  religious  corporations 
shall  vest  in  trustees,  whose  election  shall  be  by  the  members  of  such 
corporation. 

Sec.  5.  The  general  assembly  shall  provide  for  the  organization  of 
cities  and  villages  by  general  laws,  and  restrict  their  power  of  taxa- 
tion, assessment,  borrowing  money,  contracting  debts,  and  loaning 
their  credit,  so  as  to  prevent  the  abuses  of  such  power. 

Sec.  6.  The  term  corporations,  as  used  in  this  article,  shall  be  con- 
strued to  include  all  associations  and  joint-stock  companies  having 
any  of  the  powers  or  })rivileges  of  corporations  not  possessed  by 
individuals  or  jDartnerships;  and  all  corporations  shall  have  the  right 
to  sue,  and  shall  be  subject  to  be  sued,  in  all  courts  the  same  as 
natural  persons. 

Article  XV 

JURISPRUDENCE 

Section  1.  The  general  assembly,  at  its  first  session  under  this 
constitution,  shall  constitute  a  commission,  to  consist  of  three  persons 
not  members  of  the  senate  or  house  of  representatives,  whose  duty  it 
shall  be  to  revise,  reform,  simplify,  and  abridge  the  rules  of  practice, 
pleading,  and  proceeding  in  the  courts  of  record  of  this  State, 
abolishing  the  forms  of  action  known  to  the  common  law,  and  dis- 
tinctions as  to  form  between  proceedings  at  law  and  in  equity. 

Sec.  2.  The  proceedings  of  the  commissioners  shall  be  reported  to 
and  be  subject  to  the  action  of  the  general  assembly. 

Sec.  3.  All  the  proceedings  of  the  courts  of  this  State  shall  be 
instituted  and  conducted  in  the  English  language,  avoiding,  as  far  as 
practicable,  the  use  of  technical  terms. 

Article  XVI 

miscellaneous 

Section  1.  No  person  shall  be  taken,  imprisoned,  or  disseized  of 
his  freehold,  outlawed,  exiled,  or  in  any  manner  deprived  of  his  life, 
liberty,  or  property,  but  by  the  judgment  of  his  peers  and  the  law  of 
the  land. 

Sec.  2.  The  printing  of  the  laws  and  journals,  bills,  legislative 
documents,  and  papers  for  each  branch  of  the  general  assembly,  and 
all  printing  for  the  executive  and  other  departments  of  State,  shall 
be  let  to  the  lowest  responsible  bidder  by  such  officers,  and  in  such 
manner  as  shall  be  prescribed  by  law. 

Sec.  3.  The  general  assembly  shall  provide  by  law  for  the  protec- 
tion of  the  rights  of  women,  married  and  single,  in  the  acquiring  and 
possessing  of  property,  real,  personal,  and  mixed,  separate  and  apart 
from  the  husband  or  other  person :  and  shall  also  provide  for  the 
equal  rights  of  women  in  the  protection,  with  the  husband,  of  their 
children  during  their  minority;  also  shall  provide  for  the  securing 


Kansas— 1858  1237 

of  a  homestead,  which,  -without  the  consent  of  the  wife,  she  cannot 
be  divested  of. 

Sec.  4.  No  person  shall  be  elected  or  appointed  to  any  office  in  this 
State  unless  he  possesses  the  qualifications  of  an  elector  at  the  time  of 
his  election  or  appointment. 

Sec.  5.  There  shall  be  established,  in  the  secretary  of  state's  office, 
a  bureau  of  statistics  and  agriculture,  under  such  regulations  as  may 
be  prescribed  l)y  law,  and  j^rovision  shall  be  made  by  the  general 
assembly  for  the  organization  and  encouragement  of  State  and  county 
agricultural  associati(ms. 

Sec.  G.  Lotteries,  gift-enterjjrises,  and  the  sale  of  lottery  and  gift- 
enterprise  tickets,  for  any  purpose  whatever,  shall  be  forever  pro- 
hibited in  the  State. 

Sec.  T.  a  homestead  of  one  hundred  and  sixty  acres  of  land,  or  in 
lieu  thereof  a  house  and  lot.  or  other  property  not  exceeding  in  value 
two  thousand  dollars,  belonging  to  any  one  family,  shall  by  law  be 
exempted  from  forced  sale  under  any  process  of  law.  and  shall  not  be 
alienated  without  the  joint  consent  of  husband  and  wife  in  cases 
where  that  relation  exists;  but  no  property  shall  be  exempt  from 
sale  for  taxes  or  for  the  payment  of  obligations  contracted  for  its 
purchase. 

Sec.  8.  This  State  shall  have  jurisdiction  concurrent  with  the  State 
of  Missouri  on  the  Missouri  River,  so  far  as  the  said  river  may  be  the 
common  boundary  of  the  two  States. 

Sec.  9.  For  the  purpose  of  preserving  the  public  health,  shall  have 
power  to  pass  general  sanitary  laws.. 

Sec.  10.  Xo  lease  or  grant  of  agricultural  land  for  a  longer  period 
than  twelve  years,  hereafter  to  be  made,  in  which  shall  be  reserved 
any  rent  or  service  of  any  kind,  shall  be  valid;  and  all  fines,  quarter 
sales,  or  other  like  restraints  upon  transfer,  reserved  in  any  lease  of 
land,  hereafter  to  be  made,  shall  be  void:  ProvidecL  That  this  article 
shall  in  nowise  interfere  with  the  disposition  of  the  school-lands  of 
the  State. 

Sec.  11.  In  all  cases  where  it  shall  be  necessary  to  sell  any  of  the 
lands  granted  by  Congress,  said  sales  shall  not  be  made  without  one 
year's  notice,  through  publication  in  the  county  or  counties  where  the 
lands  lie,  and  an  advertisement  in  two  or  more  central  newspapers  of 
the  State,  and  there  shall  be  a  valuation  of  said  lands  by  disinterested 
persons,  and  no  lands  shall  be  sold  at  a  less  price  than  the  valuation. 

Article  XVII 

BANKS    AND    CURRENCY 

Section  1.  Xo  bank  shall  l)e  established  otherwise  than  under  a 
general  banking-law. 

Sec.  2.  If  the  general  assembly  shall  enact  a  general  banking-law, 
such  law  shall  provide  for  the  registry  and  countersigning,  by  the 
auditor  of  the  State,  of  all  bank-notes  or  paper-credits  designed  to  be 
circulated  as  money. 

Sec.  3.  It  shall  be  further  provided  that  such  bank-notes  or  paper- 
credits  shall  be  am])]y  secured  by  the  deposit,  with  the  proper  officer 
of  state,  of  bonds  of  interest-paying  States  or  the  United  States. 


1238  Kansas— 1858 

Sec.  4.  All  bills  or  notes  issued  as  money  shall  be  at  all  times 
redeemable  in  gold  or  silver. 

Sec.  5.  Holders  of  bank-notes  shall  be  entitled,  in  case  of  insolv- 
ency, to  preference  of  specie  payment  over  all  other  creditors. 

Sec.  6.  The  State  shall  not  be  a  stockholder  in  any  bank  or  banking 
institution. 

Sec  T.  All  banks  shall  be  required,  to  keep  officers  and  proper 
offices,  for  the  issue  and  redemption  of  their  paper,  at  some  convenient 
point  within  the  State. 

Sec  8.  Any  general  l)anking-law'  passed  by  the  general  assembly  of 
this  State  may  at  any  time  be  altered,  amended,  or  repealed. 

Sec  9.  No  general  banking-law  shall  have  any  force  or  effect  until 
the  same  shall  have  been  submitted  to  a  vote  of  the  electors  of  the 
State,  at  some  general  election,  and  have  been  approved  by  a  majority 
of  all  the  votes  given  on  that  subject  at  such  election. 

Article  XYIII 
amendments 

Section  1.  Propositions  for  the  amendment  of  this  constitution 
may  be  made  by  either  branch  of  the  general  assembly ;  and  if  three- 
fifths  of  all  the  members  elected  to  each  house  shall  concur  therein, 
such  proposed  amendments  shall  be  entered  on  the  journals,  with  the 
yeas  and  nays;  and  the  secretary  of  state  shall  cause  the  same  to  be 
published  in  at  least  one  newspaper  in  each  county  of  the  State  where 
a  newspaper  is  published  for  three  months  preceding  the  next  election 
for  senators  and  representatives,  at  which  time  the  same  shall  be  sub- 
mitted to  the  electors  for  their  approval  or  rejection;  and  if  a 
majority  of  the  electors  voting  on  said  amendments  at  said  election 
shall  adopt  such  amendments,  the  same  shall  become  a  part  of  the 
constitution.  When  more  than  one  amendment  shall  be  submitted  at 
the  same  time,  they  shall  be  so  submitted  as  to  enable  the  electors  to 
vote  on  each  amendment  separately. 

Sec  2.  Whenever  tliree-fifths  of  the  members  elected  to  each  branch 
of  the  general  assembly  shall  think  it  necessary  to  call  a  convention  to 
revise,  amend,  or  change  this  constitution,  they  shall  recommend  to 
the  electors  to  vote  at  the  next  election  of  members  of  the  general 
assembly  for  or  against  a  convention;  and  if  a  majority  of  the  electors 
voting  on  said  amendments  at  said  election  shall  adopt  such  amend- 
ments, the  same  shall  become  a  part  of  the  constitution.  When  more 
than  one  amendment  shall  be  submitted  at  the  same  time,  they  shall 
be  so  submitted  as  to  enable  the  electors  to  vote  on  each  amendment 
separately. 

Sec  3.  Whenever  three-fifths  of  the  members  elected  to  each  branch 
of  the  general  assembly  shall  think  it  necessary  to  call  a  convention 
to  revise,  amend,  or  change  this  constitution,  they  shall  recommend  to 
the  electors  to  vote  at  the  next  election  of  members  of  the  general 
assembly  for  or  against  a  convention ;  and  if  a  majority  of  all  the 
electors  voting  at  said  election  shall  have  voted  for  a  convention,  the 
general  assembly  shall,  at  its  next  regular  session,  provide  by  law  for 
calling  the  same.  The  convention  shall  consist  of  as  many  members 
as  the  house  of  representatives,  and  shall  be  chosen  in  the  same 


I 


Kansas— 1858  1239 

manner,  and  shall  meet  within  three  months  after  their  election  at  the 
capital  of  the  State,  for  the  purpose  aforesaid. 

Sec.  4.  At  the  general  election  to  be  held  in  the  year  one  thousand 
eight  hundred  and  sixty-three,  and  in  each  tenth  year  thereafter, 
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  the  electors  voting  at  said  election  shall 
decide  in  favor  of  a  convention,  the  general  assembly,  at  its  next 
regular  session,  shall  provide  by  law  for  the  election  of  delegates  and 
the  assembling  of  such  convention,  as  provided  in  the  preceding  sec- 
tion;  but  no  amendment  or  revision  of  this  constitution,  agreed  upon 
by  any  convention  in  pursuance  of  this  article,  shtill  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 

Section  1.  In  order  that  no  inconvenience  may  arise  from  the 
change  from  a  territorial  to  a  State  government,  it  is  declared  that 
no  existing  rights,  suits,  prosecutions,  (except  for  political  offences.) 
claims,  or  contracts,  shall  be  affected  by  a  change  in  the  form  of  gov- 
ernment, except  as  otherwise  declared  in  this  constitution.  But  no 
debt  of  the  Territory  shall  be  assumed  by  the  State,  except  by  a  law 
passed  by  a  vote  of  two-thirds  of  each  branch  of  the  general  assembly. 

Sec.  2.  This  constitution  shall  be  submitted  to  a  vote  of  the  people, 
for  apinoval  or  rejection,  on  the  third  Tuesday  of  May,  one  thousand 
eight  hundred  and  fifty-eight.  The  vote  shall  be  by  ballot,  and  those 
in  favor  of  the  constitution  shall  write  or  print  on  their  ballots  the 
words  "  For  the  constitution."  and  those  opposed  to  the  constitution 
shall  Avrite  or  print  upon  their  ballots  the  words  "Against  the  consti- 
tution."" Said  election  shall  be  conducted  according  to  the  provisions 
of  section  thirteen  of  an  act  of  the  legislature  of  the  Territory  of 
Kansas,  passed  February  — ,  one  thousand  eight  hundred  and  fifty- 
eight,  entitled  '"An  act  to  provide  for  the  election  of  delegates  to  a 
convention  to  frame  a  State  constitution." 

Sec.  fS.  At  the  same  time  and  place,  and  under  the  provisions  of  the 
section  aforesaid,  an  election  shall  be  held  for  members  of  the  general 
assembly,  for  State  officers,  for  judges,  and  for  members  of  Congress 
to  represent  the  State  of  Kansas  in  the  Thirty- fifth  Congress  of  the 
United  States. 

Sec.  4.  If  this  constitution,  upon  being  submitted  to  the  people, 
shall  be  approved  by  a  majority  of  the  legal  votes  cast  thereon,  a  copy 
of  the  same,  certified  by  the  president  and  secretary  of  the  convention, 
together  with  the  memorial  framed  by  the  convention,  asking  admis- 
sion into  the  Union,  and  a  certified  statement  of  the  vote  on  the 
ratification  thereof,  shall  be  transmitted  as  soon  as  i)racticable  by  the 
governor,  president  of  the  council,  and  speaker  of  the  house  of  repre- 
sentatives of  the  Territory  of  Kansas,  or  any  two  of  them,  to  the 
President  and  Congress  of  the  United  States. 

Sec.  5.  Provided  this  constitution  shall  be  ratified  by  the  people, 
then,  upon  the  admission  of  Kansas  into  the  Union  as  a  State,  this 
constitution  shall  l)e  in  full  force,  the  State  officers  sliall  immediately 
enter  upon  the  performance  of  their  duties,  and  the  governor  shall 
immediately,  by  proclamation,  convene  the  general  assembly. 


1240  Kansas— 1858 

Sec.  6.  The  members  of  the  first  *^eneral  assembly  shall  hold  their 
offices  until  and  including  December  31,  one  thousand  eight  hundred 
and  fifty-nine. 

Sec.  7.  The  State  officers  and  supreme  and  district  judges  first 
elected  under  the  constitution  shall  hold  their  respective  offices  for  the 
same  length  of  time  as  though  their  term  of  office  commenced  on 
January  1,  one  thousand  eight  hundred  and  fifty-nine. 

Sec.  8.  The  governor  is  authorized  to  adopt  a  seal,  to  be  the  seal  of 
the  State  of  Kansas,  until  otherwise  provided  for  by  law. 

Sec.  9.  Until  otherwise  provided  for  by  law,  the  State  shall  be 
divided  into  senatorial  districts,  and  senators  appointed  to  them  as 
follows:  The  first  district  shall  consist  of  Leavenworth  County,  and 
shall  be  entitled  to  three  senators ;  the'  second  district  shall  consist  of 
Atchison  County,  and  shall  be  entitled  to  one  senator;  the  third 
district  shall  consist  of  Doniphan  County,  and  shall  be  entitled  to 
two  senators;  the  fourth  district  shall  consist  of  Jefferson  Count^^ 
and  be  entitled  to  one  senator;  the  fifth  district  shall  consist  of  the 
counties  of  Brown  and  Calhoun,  and  shall  be  entitled  to  one  senator ; 
the  sixth  district  shall  consist  of  the  counties  of  Xemaha,  Marshall, 
and  Washington,  and  shall  be  entitled  to  one  senator;  the  seventh 
district  shall  consist  of  the  counties  of  Pottawatomie  and  Richardson, 
and  shall  be  entitled  to  one  senator;  the  eighth  district  shall  consist 
of  the  counties  of  Riley,  Clay,  Dickson,  Arapahoe,  and  all  the  western 
part  of  Kansas  not  otherwise  attached,  and  shall  be  entitled  to  one 
senator;  the  ninth  district  shall  consist  of  the  counties  of  Brecken- 
ridge.  Wise,  and  Davis,  and  shall  be  entitled  to  one  senator;  the 
tenth  district  shall  consist  of  the  counties  of  Shawnee  and  Weller, 
and  shall  be  entitled  to  two  senators;  the  eleventh  district  shall  con- 
sist of  the  counties  of  Butler,  Hunter,  Woodson,  Greenwood,  Madi- 
son, Godfrey,  and  Wilson,  and  shall  be  entitled  to  one  senator;  the 
twelfth  district  shall  consist  of  the  county  of  Coffey,  and  shall  be 
entitled  to  one  senator:  the  thirteenth  district  shall  consist  of  the 
county  of  Douglas,  and  shall  be  entitled  to  two  senators;  the  four- 
teenth district  shall  consist  of  the  county  of  Johnson,  and  be  entitled 
to  one  senator;  the  fifteenth  district  shall  consist  of  the  county  of 
Lykins,  and  be  entitled  to  one  senator;  the  sixteenth  district  shall 
consist  of  the  county  of  Franklin,  and  be  entitled  to  one  senator ;  the 
seventeenth  district  shall  consist  of  the  county  of  Anderson,  and  be 
entitled  to  one  senator;  the  eighteenth  district  shall  consist  of  the 
county  of  Linn,  and  shall  be  entitled  to  one  senator;  the  nineteenth 
district  shall  consist  of  the  county  of  Bourbon,  and  shall  be  entitled 
to  one  senator;  the  twentieth  district  shall  consist  of  the  counties  of 
Allen,  Dorn,  and  McGee,  and  shall  be  entitled  to  one  senator. 

Sec.  10.  The  State  shall  be  divided  into  representative  districts, 
and  members  apportioned  thereto  as  follows:  First  district,  Leaven- 
worth County,  ten  members;  second,  Atchison,  three;  third,  Doni- 
phan, five;  fourth,  Jefi'erson,  three;  fifth.  Brown,  two;  sixth,  Xemaha, 
two ;  seventh,  Pottawatomie,  two ;  eighth,  Calhoun,  one ;  ninth,  Mar- 
shall and  Washington,  one;  tenth,  Riley,  three;  eleventh.  Clay  and 
Dickinson,  one ;  twelfth,  Davis,  one ;  thirteenth.  Wise,  one ;  four- 
teenth, Butler  and  Hunter,  one;  fifteenth,  Richardson,  one;  sixteenth, 
Breckenridge,  two;  seventeenth,  Madison,  one;  eighteenth.  Green- 
wood, one;  nineteenth,  Woodson,  one;  twentieth,  Coffey,  two;  twenty- 
first,  Weller,  one;  twenty-second,  Shawnee,  four;  twenty-third, 
Douglas,  seven;  twenty-fourth,  Johnson,  three;  twenty-fifth,  Lykins, 


Kansas— 1859  1241 

three;  t"vrenty-sixth,  Linn,  three;  twenty-seventh.  Franklin,  two; 
twenty-eighth,  Anderson,  two;  twenty-ninth,  Allen,  one;  thirtieth, 
Bourbon,  three ;  thirty-first,  McGee,  Dorn.  Wilson,  and  Godfrey,  one ; 
district  number  thirty-two,  to  consist  of  all  the  western  part  of  Kan- 
sas not  otherwise  attached,  including  the  county  of  Arapahoe,  one 
member. 

Sec.  11.  The  general  assembly,  at  its  first  session,  shall  provide  for 
receiving  proposals  for  the  location  of  the  seat  of  government,  and 
shall  publish  such  proposals,  and  also  a  plan  for  the  purchase  of  a 
site  by  the  State,  and  submit  them  to  a  fidl  and  fair  vote  of  the 
people  at  the  first  general  election  after  such  session;  and  if  no 
proposal  or  plan  submitted  shall  receive  a  majority  of  all  the  votes 
cast,  then  they  shall  be  submitted  at  each  subsequent  and  general 
election  until  such  choice  shall  be  made;  and  when  a  proposal  or  plan 
shall  be  adopted,  the  legislature  shall  provide  for  the  location  at  the 
place  or  in  the  manner  designated,  and  for  the  application  of  the 
profits  which  may  accrue  to  the  State  therefrom,  to  the  support  of 
the  benevolent  institutions  of  the  State;  and  when  the  seat  of  gov- 
ernment shall  have  been  thus  located,  it  shall  not  be  changed  but  by 
a  law  ratified  by  a  direct  vote  of  the  people;  and  until  the  selection 
provided  for  in  this  section  shall  be  made,  Topeka  shall  be  the  seat 
of  government. 

Sec.  12.  The  first  general  assembh'^  shall  provide  by  law  for  the 
submission  of  the  (juestion  of  universal  suffrage  to  a  vote  of  the 
people  at  the  first  general  election  of  the  members  of  the  general 
assembly:  Provided,  That  the  qualifications  of  voters  at  the  election 
shall  be  the  same  as  at  the  vote  on  the  submission  of  the  constitution. 

I  hereby  certify  that  the  above  is  a  correct  copy  of  the  constitution 
adopted  by  the  convention  at  Leavenworth,  April  3,  1858,  from  the 
original  draft  noAv  in  my  possession. 

M.  F.  Conway,  President. 

Attest : 

Sam'l  F.  Tappan.  Jr.,  Secretary. 


CONSTITUTION  OF  KANSAS— 1859  * 

Adopted  at  Wyandotte  ■/uhi  ,i'.K  JSoU:  rati  tied  Jnj  tlie  /xop/r  October  .}.  JS.jt): 
tcent  into  operation  January  .ii).  1H6J :  loHIi  all  amend nientx  adopted  priur 
to  January  1,  1905,  and  also  thoac  ichieJt  tcill  be  voted  on  in  Novcniher.  I'JOG. 

PREAMBLE — BOUNDARIES 

We,  THE  People  of  Kansas,  grateful  to  Almighty  God  for  our 
civil  and  religious  privileges,  in  order  to  insure  the  full  enjoyment 
of  our  rights  as  American  citizens,  do  ordain  and  establish  this  con- 
stitution of  the  State  of  Kansas,  with  the  following  boundaries,  to 
wit :  Beginning  at  a  point  on  the  western  boundary  of  the  state  of 
Missouri,  where  the  thirty-seventh  parallel  of  uorth  latitude  crosses 
the  same;  thence  running  west  on  said  parallel  to  the  twenty-fifth 

*  Verified  by  "The  Constitution  of  the  State  of  Kansas.  Adopted  at  Wyan- 
dotte .Inly  20.'  18.59.  Ratified  l>y  the  People  October  4.  IS.")!).  Went  into  Opera- 
tion .January  29,  1861.  With  all  Amendments  .Adopted  prior  to  .January  1,  190.~; 
also  those  to  be  voted  on  in  November.  19()(>.  Tojjeka ;  State  Printing  Office. 
1905."     32  pp. 


1242  Kansas— 1859 

meridian  of  longitude  west  from  Washington;  thence  north  on  said 
meridian  to  the  fortieth  parallel  of  north  latitude;  thence  east  on 
said  parallel  to  the  western  boundary  of  the  state  of  Missouri ; 
thence  south,  with  the  western  boundary  of  said  state,  to  the  place  of 
beginning. 

BILL  OF  RIGHTS 

Section  1.  All  men  are  possessed  of  equal  and  inalienable  natural 
rights,  among  which  are  life,  liberty,  and  the  pursuit  of  happiness. 

Sec.  2,  All  political  power  is  inherent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority,  and  are  instituted  for 
thetr  equal  protection  and  benefit.  Xo  special  privileges  or  immuni- 
ties shall  ever  be  granted  by  the  legislature,  which  may  not  be  altered, 
revoked  or  repealed  by  the  same  body;  and  this  poAver  shall  be  exer- 
cised by  no  other  tribunal  or  agency. 

Sec.  3.  The  people  have  the  right  to  assemble  in  a  peaceable  man- 
ner, to  consult  for  their  common  good,  to  instruct  their  representa- 
tives, and  to  petition  the  government,  or  any  department  thereof,  for 
the  redress  of  grievances. 

Sec.  4.  The  people  have  the  right  to  bear  arms  for  their  defense 
and  security;  but  standing  armies,  in  time  of  peace,  are  dangerous 
to  liberty,  and  shall  not  be  tolerated,  and  the  military  shall  be  in 
strict  subordination  to  the  civil  power. 

Sec.  5.  The  right  of  trial  by  jury  shall  be  inviolate. 

Sec.  6.  There  shall  be  no  slavery  in  this  state;  and  no  involuntary 
servitude,  except  for  the  punishment  of  crime,  whereof  the  jjarty 
shall  have  been  duly  convicted. 

Sec.  7.  The  right  to  worship  God,  according  to  the  dictates  of 
conscience,  shall  never  be  infringed;  nor  shall  any  person  be  com- 
pelled to  attend  or  support  any  form  of  worship ;  nor  shall  any  con- 
trol of,  or  interference  with  the  rights  of  conscience  be  permitted, 
nor  any  preference  be  given  by  law  to  any  religious  establishment 
or  mode  of  worship.  Xo  religious  test  or  property  qualification  shall 
be  required  for  any  office  of  public  trust,  nor  for  any  vote  at  any 
election ;  nor  shall  any  person  be  incompetent  to  testify  on  account 
of  religious  belief. 

Sec.  8.  The  right  to  the  writ  of  haheas  corpus  shall  not  be  sus- 
pended, unless  the  public  safety  requires  it  in  case  of  invasion  or 
rebellion. 

Sec.  9.  All  persons  shall  be  bailable  by  sufficient  sureties,  except 
for  capital  offenses,  where  proof  is  evident  or  the  presumption  great. 
Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
cruel  or  unusual  punishment  inflicted. 

Sec.  10.  In  all  prosecutions,  the  accused  shall  be  allowed  to  appear 
and  defend  in  person,  or  by  counsel ;  to  demand  the  nature  and  cause 
of  the  accusation  against  him,  to  meet  the  witness  face  to  face,  and  to 
have  compulsory  process  to  compel  the  attendance  of  witnesses  in  his 
behalf,  and  a  speedy  public  trial  by  an  impartial  jury  of  the  county 
or  district  in  which  the  offense  is  alleged  to  have  been  committed.  Xo 
person  shall  be  a  witness  against  himself,  or  be  twice  put  in  jeopardy 
for  the  same  offense. 

Sec.  11.  The  liberty  of  the  press  shall  be  inviolate:  and  all  persons 
may  freely  speak,  write  or  publish  their  sentiments  on  all  subjects, 


Kansas— 1859  1243 

being  responsible  for  the  abuse  of  such  right ;  and  in  all  civil  or 
criminal  actions  for  libel,  the  truth  may  be  given  in  evidence  to  the 
jury,  and  if  it  shall  appear  that  the  alleged  libelous  matter  was  pub- 
lished for  justifiable  ends,  the  accused  party  shall  be  acquitted. 

Sec.  12.  No  person  shall  be  transported  from  the  state  for  any 
otfense  committed  within  the  same;  and  no  conviction  in  the  state 
shall  work  a  corruption  of  blood  or  forfeiture  of  estate. 

Sec.  13.  Treason  shall  consist  only  in  levying  war  against  the  state, 
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  overt  act,  or  confession  in  open  court. 

Sec.  14.  Xo  soldier  shall,  in  time  of  peace,  be  (juarlered  in  any 
house  Avithout  the  consent  of  the  occupant ;  nor  in  time  of  war,  except 
as  prescribed  by  law. 

Sec.  15.  The  right  of  the  people  to  be  secure  in  their  persons  and 
l)roperty  against  inireasonable  searches  and  seizures,  shall  be  invio- 
late; and  no  warrant  shall  issue  but  on  probable  cause,  supported  by 
oath  or  affirmation,  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  property  to  be  seized. 

Sec.  1G.  No  person  shall  be  imprisoned  for  debt  except  in  cases  of 
fraud. 

Sec.  it.  Xo  distinction  shall  ever  be  made  between  citizens  of  the 
state  of  Kansas  and  the  citizens  of  other  states  and  territories  of  the 
United  States  in  reference  to  the  purchase,  enjoyment  or  descent  of 
property.  The  rights  of  aliens  in  reference  to  the  purchase,  enjoy- 
ment or  descent  of  property  nuiy  be  regulated  by  hiAv." 

Sec.  18.  All  persons,  for  injuries  suffered  in  person,  reputation  or 
property,  shall  have  remed}^  by  due  course  of  law,  and  justice  admin- 
istered without  delay. 

Sec.  19.  Xo  hereditary  emoluments,  honors  or  privileges,  shall 
ever  be  granted  or  conferred  by  the  state. 

Sec.  20.  This  enumeration  of  rights  shall  not  be  construed  to 
impair  or  deny  others  retained  by  the  people;  and  all  powers  not 
herein  delegated  remain  with  the  people. 

Article  1 

executive  department 

Section  1.  The  executive  department  shall  consist  of  a  governor, 
lieutenant-governor,  secretary  of  state,  auditor,  treasurer,  attorney- 
general,  and  superintendent  of  public  instruction;  who  shall  l)e 
chosen  by  the  electors  of  the  state  at  the  time  and  j^lace  of  voting  for 
meml)ers  of  the  legislature,  and  shall  hold  their  offices  for  tlie  term 
of  tAvo  years  from  the  second  ^Monday  of  January  next  after  their 
election,  and  until  their  successors  are  elected  and  <|ualified. 

Sec.  2.  Until  otherwise  provided  by  law,''  an  abstract  of  the  returns 
of  every  election  for  the  officers  named  in  the  foregoing  section  shall 
be  sealed  up  and  transmitted  by  the  clerks  of  the  boards  of  canvass- 
ers of  the  several  counties  to  the  secretary  of  state,  who  with  the 
lieutenant-governor  and  attorney-general  shall  constitute  a  board  of 

o  Adopted  November,  1S88. 

6  See  Laws  of  18(58;  also  Gen.  Stat.   r.MH.  art.  :\.  p.  '<~A. 

7252— VOL  2—07 24 


1244  Kansas— 1859 

state  canvassers,  whose  duty  it  shall  be  to  meet  at  the  state  capital  on 
the  second  Tuesday  of  December  succeeding  each  election  for  state 
officers,  and  cauA^ass  the  A'ote  for  such  officers  and  ]iroclaim  the  result; 
but  in  case  any  two  or  more  have  an  equal  and  the  highest  number  of 
votes,  the  legislature  shall  l)v  joint  ballet  choose  one  of  said  persons 
so  having  an  equal  and  the  highest  number  of  votes  for  said  office. 

Sec.  3.  The  supreme  executive  power  of  the  state  shall  be  vested  iu 
a  governor,  Avho  shall  see  that  the  laws  are  faithfully  executed. 

Sec.  4.  He  may  require  information  in  writing  from  the  officers 
of  the  executive  department  upon  any  subject  relating  to  their 
respective  duties. 

Sec.  5.  He  may  on  extraordinary  occasions  convene  the  legislature 
by  proclamation,  and  shall  at  the  commencement  of  every  session 
communicate  in  writing  such  information  as  he  may  possess  in  refer- 
ence to  the  condition  of  the  state,  and  recommend  such  measures  as 
he  ma}^  deem  expedient. 

Sec.  6.  In  case  of  disagreement  between  the  two  houses  in  respect 
to  the  time  of  adjournment,  he  may  adjourn  the  legislature  to  such 
time  as  he  may  think  proper,  not  beyoncl  its  regular  meeting. 

Sec.  7.  The  pardoning  power  shall  be  vested  in  the  governor  under 
regulations  and  restrictions  prescribed  by  law. 

Sec.  8.  There  shall  be  a  seal  of  the  state,  which  shall  be  kept  by 
the  governor,  and  used  by  him  officially,  and  which  shall  be  the  great 
seal  of  Kansas. 

Sec.  9.  All  commissions  shall  be  issued  in  the  name  of  the  state  of 
Kansas,  signed  by  the  governor,  countersigned  by  the  secretary  of 
state,  and  sealed  with  the  great  seal. 

Sec.  10.  No  member  of  Congress,  or  officer  of  the  state,  or  of  the 
United  States,  shall  hold  the  office  of  governor,  except  as  herein  pro- 
vided. 

Sec.  11.  In  case  of  the  death,  impeachment,  resignation,  removal  or 
other  disability  of  the  governor,  the  power  and  duties  of  the  office  for 
the  residue  of  the  term,  or  until  the  disability  shall  lie  removed,  shall 
devolve  upon  the  president  of  the  senate. 

Sec.  12.  The  lieutenant-governor  shall  be  president  of  the  senate, 
and  shall  vote  only  when  the  senate  is  equally  divided.  The  senate 
shall  choose  a  president  -pro  tempore  to  preside  in  case  of  his  absence 
or  impeachment,  or  when  he  shall  hold  the  office  of  governor. 

Sec.  13.  If  the  lieutenant-governor  while  holding  the  office  of  gov- 
ernor shall  be  impeached  or  displaced,  or  shall  resign,  or  die,  or  other- 
wise become  incapable  of  perfonning  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. 

Sec.  14.  Should  either  the  secretary  "of  state,  auditor,  treasurer, 
attorney-general,  or  superintendent  of  public  instruction,  become 
incapable  of  performing  the  duties  of  his  office,  for  any  of  the  causes 
s]:)ecified  in  the  thirteenth  section  of  this  article,  the  governor  shall 
fill  the  vacancy  until  the  disability  is  removed,  or  a  successor  is 
elected  and  qualified.     Every  such  vacancy  shall  be  filled  by  election 


Kansas— 1859  1245 

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  unexpired  term. 

Sec.  15.  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  durinir  the  period 
for  which  they  shall  have  been  elected. 

Sec.  16.  The  officers  of  the  executive  department,  and  of  all  ])ublic 
state  institutions,  shall  at  least  ten  days  preceding  each  regular  ses- 
sion of  the  legislature,  severally  report  to  the  governor,  who  shall 
transmit  such  reports  to  tlie  legislature. 

Article  2 
legislative 

Section  1.  The  legislative  power  of  this  state  shall  be  ve?-ted  in  a 
house  of  rej^resentatives  and  senate. 

Sec.  2.  The  number  of  representatives  and  senators  shall  be  regu- 
lated b}^  law,  but  shall  never  exceed  one  hundred  and  twenty-five 
representatives  and  forty  senators.  From  and  after  the  adoption  of 
this  amendment  the  house  of  representatives  shall  admit  one  member 
for  each  county  in  which  at  least  two  hundred  and  fifty  legal  votes 
were  cast  at  the  next  preceding  general  election ;  and  each  organized 
county  in  which  less  than  two  hundred  legal  votes  were  cast  at  the 
next  preceding  general  election  shall  be  attached  to  and  constitute  a 
part  of  the  representative  district  of  the  county  lying  next  adjacent 
to  it  on  the  east." 

Sec.  3.  The  members  of  the  legislature  shall  receive  as  compensa- 
tion for  their  services  the  sum  of  three  dollars  for  each  day's  actual 
service  at  any  regular  or  special  session,  and  fifteen  cents  for  each 
mile  traveled  by  the  usual  route  in  going  to  and  returning  from  the 
place  of  meeting;  but  such  compensation  shall  not  in  the  aggregate 
exceed  the  sum  of  two  hundred  and  forty  dollars  for  each  member, 
as  per  diem  allowance  for  the  first  session  held  under  thts  constitu- 
tion, nor  more  than  one  hundi-ed  and  fifty  dollars  for  each  session 
thereafter,  nor  more  than  ninety  dollars  for  any  special  session. 

Sec.  4.  No  person  shall  l)e  a  member  of  the  legiislature  who  is 
not  at  the  time  of  his  election  a  qualified  voter  of,  and  a  resident  in, 
the  county  or  district  for  which  he  is  elected. 

Sec.  5.  No  member  of  Congress  or  officer  of  the  United  States  shall 
be  eligible  to  a  seat  in  the  legislature.  If  any  person  after  his  election 
to  the  legislature,  be  elected  to  Congress  or  elected  or  appointed  to 
any  office  under  the  Xmited  States,  his  acceptance  thereof  shall  vacate 
his  seat. 

Sec.  C).  No  person  convicted  of  embezzlement  or  misuse  of  the 
public  funds  shall  have  a  seat  in  the  legislature. 

Sec.  7.  All  state  officers  l)efore  entering  upon  theii-  resjiective 
duties,  shall  take  and  subscribe  an  oath  or  affirmation  to  support  the 
constitution  of  the  ITnited  States  and  the  constitution  of  this  state, 
and  faithfully  to  discharge  the  duties  of  their  resi)ective  offices. 

oAdopted  November,  1873;  see  also  Gen.  Stat.  1901,  ch.  4,  p.  70. 


1246  Kansas— 1859 

Sec.  8.  A  majority  of  each  house  shall  constitute  a  quorum.  Each 
house  shall  establish  its  own  rules,  and  shall  be  judge  of  the  elections, 
returns  and  qualifications  of  its  own  meml)ers. 

Sec.  9.  All  vacancies  occurrin^j^  in  either  house  shall  be  filled  for 
the  unexpired  term  by  election. 

Sec.  10.  Each  house  shall  keep  and  ])ublisli  a  journal  of  its  ])ro- 
ceedings.  The  yeas  and  nays  shall  be  taken  and  entered  innnediately 
on  the  journal,  upon  the  final  ])assafje  of  every  bill  or  joint  resolu- 
tion. Neither  house,  without  the  consent  of  the  other,  shall  adjourn 
for  more  than  two  days,  Sundays  excejjted. 

Sec.  11.  Any  member  of  either  house  shall  have  the  right  to  pro- 
test against  any  act  or  resolution  ;  and  such  ])rotest  shall  without  delay 
or  alteration  be  entered  on  the  journal. 

Sec.  12.  Bills  may  originate  in  either  house,  but  may  be  amended 
or  rejected  by  the  other." 

Sec.  13.  A  majority  of  all  the  members  elected  to  each  house, 
voting  in  the  affirmative,  shall  be  necessary  to  pass  any  bill  or  joint 
I'esolution. 

Sec.  14.  Every  bill  and  joint  resolution  passed  by  the  house  of 
representatives  and  senate  shall,  within  two  days  thereafter,  be 
signed  by  the  presiding  officers,  and  presented  to  the  governor;  if  he 
approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it  to  the  house 
of  representatives,  which  shall  enter  the  objections  at  large  upon  its 
journal  and  proceed  to  reconsider  the  same.  If,  after  such  recon- 
sideration, two-thirds  of  the  members  elected  shall  agree  to  pass 
the  bill  or  resolution,  it  shall  be  sent,  with  the  objections,  to  the 
senate,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved 
by  two-thirds  of  all  the  members  elected,  it  shall  become  a  law ;  but 
in  all  such  cases  the  vote  shall  be  taken  by  yeas  and  nays,  and  entered 
upon  the  journals  of  each  house.  If  any  bill  shall  not  lie  returned 
within  three  days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  the  governor,  it  shall  become  a  law  in  like  manner  as  if 
he  had  signed  it,  unless  the  legislature,  by  its  adjournment.  ])revent 
its  return,  in  which  case  it  shall  not  Ijecome  a  law.  If  any  l)ill  jire- 
sentecl  to  the  governor  contain  several  items  of  appropriation  of 
money,  he  may  object  to  one  or  more  of  such  items,  while  approving 
the  other  portion  of  the  bill;  in  such  case  he  shall  append  to  the 
bill,  at  the  time  of  signing  it,  a  statement  of  the  item  or  items  to 
which  he  objects,  and  the  reasons  therefor,  and  shall  transmit  such 
statement,  or  a  copy  thereof,  to  the  house  of  representatives,  and  any 
appropriations  so  objected  to  shall  not  take  efU'ect  unless  reconsidered 
and  approved  by  two-thirds  of  the  members  elected  to  each  house, 
and,  if  so  reconsidered  and  approved,  shall  take  effect  and  l)ecome  a 
])art  of  the  bill,  in  which  case  the  presiding  officers  of  each  house 
>hall  certify  on  such  bill  such  fact  of  reconsideration  and  approval.'' 

Sec.  15.  Every  bill  shall  he  read  on  three  separate  days  in  each 
house,  unless  in  case  of  emergency.  Two-thirds  of  the  house  where 
such  bill  is  pending  may  if  deemed  expedient  suspend  the  rules:  but 
the  reading  of  the  bill  by  sections  on  its  final  passage,  shall  in  no  case 
be  dispensed  with. 

Sec.  16,  No  bill  shall  contain  more  than  one  subject,  which  shall 
be  clearly  expressed  in  its  title,  and  no  law  shall  be   revived  or 

^Adopted  November,  1864.  ^Adopted  Noveiuher.  1004. 


Kansas— 1859  1247 

amended  unless  the  new  act  contain  the  entire  act  revived,  or  the 
section  or  sections  amended,  and  the  section  or  sections  so  amended 
shall  be  repealed. 

8ec.  17.  All  laws  of  a  general  nature  shall  have  a  uniform  opera- 
tion throughout  the  state:  and  in  all  cases  where  a  general  law  can 
he  made  applicable,  no  special  law  shall  be  enacted." 

Sec.  18.  All  power  to  grant  divorces,  is  vested  in  the  district  courts, 
subject  to  regulation  by  law. 

Sec.  10.  The  legislature  shall  prescribe  the  time  when  its  acts  shall 
be  in  force,  and  shall  provide  for  the  speedy  publication  of  the  same; 
and  no  law  of  a  general  nature  shall  be  in  force  until  the  same  be 
published.  It  shall  have  the  power  to  provide  for  the  election  or 
appointment  of  all  officers  and  the  filling  of  all  vacancies  not  other- 
wise provided  for  in  the  constitution. 

Sec.  20.  The  enacting  clause  of  all  laws  shall  be,  "  Be  it  enacted  by 
the  legislature  of  the  state  of  Kansas;  '*  and  no  law  shall  be  enacted 
except  by  bill. 

Sec.  21.  The  legislature  may  confer  upon  tribunals  transacting  the 
county  business  of  the  several  counties,  such  powers  of  local  legisla- 
tion and  administration  as  it  shall  deem  expedient. 

Sec.  22.  For  any  speech  or  debate  in  either  house  the  members  shall 
not  l)e  questioned  elsewhere.  Xo  member  of  the  legislature  shall  be 
subject  to  arrest — except  for  felony  or  breach  of  the  peace — in  going 
to,  or  returning  from,  the  place  of  meeting,  or  during  the  continuance 
of  the  session ;  neither  shall  he  be  subject  to  the  service  of  any  civil 
jDrocess  during  the  session,  nor  for  fifteen  days  previous  to  its  com- 
mencement. 

Sec.  23.  The  legislature,  in  providing  for  the  formation  and  regu- 
lation of  schools,  shall  make  no  distinction  between  the  rights  of 
males  and  females. 

Sec.  24.  No  money  shall  be  drawn  from  the  treasury,  except  in 
pursuance  of  a  specific  appropriation  made  by  law,  and  no  appropria- 
tion shall  be  for  a  longer  term  than  two  years.'' 

Sec.  25.  xVll  sessions  of  the  legislature  shall  be  held  at  the  state 
capital,  and  beginning  with  the  session  of  eighteen  hundred  and  sev- 
enty-seven, all  regular  sessions  shall  be  held  once  in  two  years,  com- 
mencing on  the  second  Tuesday  of  January  of  each  alternate  year 
thereafter.'' 

Sec.  2G.  The  legislature  shall  provide  for  taking  an  enumeration 
of  the  inhabitants  of  the  state  at  least  once  in  ten  years.  The  first 
enumeration  shall  be  taken  in  A.  D.  18G5. 

Sec.  27.  The  house  of  representatives  shall  have  the  sole  power  to 
imj^each.  All  impeachments  shall  be  tried  by  the  senate;  and  when 
sitting  for  that  ])urpose.  the  senators  shall  take  an  oath  to  do  justice 
according  to  the  law  and  the  evidence.  No  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  the  senators  elected. 

a  The  legislatiire  of  100.5  has  authorized  the  submission  of  the  following  as  a 
substitute  for  section  17.  which  will  be  voted  on  in  November,  1!)0(): 

"All  laws  of  a  K^'neral  nature  shall  have  a  uniform  operation  throusihout  the 
state;  and  in  all  cases  where  a  general  law  can  be  made  ai)i)licable  no  si)ecial  law 
shall  be  enacted;  and  whether  or  not  a  law  enacted  is  repujinant  to  this  pro- 
vision of  the  constitution  shall  I)e  construed  and  determined  by  the  courts  of 
this  state." 

iiAdopted  November.  ISKi. 

("Adopted  November.  1.ST."». 


1248  Kansas— JS.50 

Sec.  28.  The  p^overnor  and  all  otlior  oflirors  imder  this  cfmstitntion 
shall  be  subject  to  iiiij)eachineiil  foi-  any  luisdenieaiior  in  ollice;  but 
jn<l<>inent  in  all  such  cases  shall  not  be  extended  further  than  to 
removal  from  office  and  disqualification  to  hold  any  office  of  profit, 
honoi-  or  trust  undei'  this  constitution;  but  the  party,  whether 
acquitted  or  convicted,  shall  be  liable  to  indictment,  ti'ial,  ju(l<j:ment 
and  punishment  according  to  law. 

Sec.  29.  At  the  o-eneral  election  held  in  eighteen  hundred  and 
seventy-six,  and  thereafter,  members  of  the  house  of  ivpresentatives 
shall  be  elected  for  two  years,  and  meml)ers  of  the  senate*  shall  be 
elected  for  four  years." 

Article  3 
judicial 

Section  1.  The  judicial  power  of  this  state  shall  be  vested  in  a 
sui)renie  court,  district  courts,  probate  courts,  justices  of  the  peace, 
and  such  othei'  courts  inferior  to  the  supreme  court  as  may  be  pro- 
vided by  law ;  and  all  courts  of  record  shall  have  a  seal,  to  be  used 
in  the  authentication  of  all  process. 

Sec.  2.  The  supreme  court  shall  consist  of  seven  justices,  who  shall 
be  chosen  by  the  electors  of  the  state.  They  may  sit  separately  in 
two  divisions,  with  full  power  in  each  division  to  determine  the  cases 
assigned  to  be  heard  by  such  division.  Three  justices  shall  constitute 
a  (juorum  in  each  division  and  the  concurrence  of  three  shall  be  neces- 
sary to  a  decision.  Such  cases  only  as  nuiy  be  ordered  to  be  heard 
by  the  whole  court  shall  be  considered  by  all  the  justices,  and  the 
concurrence  of  four  justices  shall  be  necessary  to  a  decision  in  cases  so 
lieard.  The  justice  who  is  senior  in  continuous  term  of  service  shall 
be  chief  justice,  and  in  case  two  or  more  have  continuously  served 
during  the  same  period  the  senior  in  years  of  these  shall  be  chief 
justice,  and  the  presiding  justice  of  each  division  shall  be  selected 
from  the  judges  assigned  to  that  division  in  like  manner.  The  term 
of  office  of  the  justices  shall  be  six  yeai's,  except  as  hereinafter  pro- 
vided. The  justices  in  office  at  the  time  this  amendment  takes  effect 
shall  hold  their  offices  for  the  terms  for  which  they  were  severally 
elected  and  until  their  successors  are  elected  and  qualified.  x\.s  soon 
as  ])racticable  after  the  second  Monday  in  January,  1001,  the  gov- 
ernor shall  appoint  four  justices,  to  hold  their  offices  until  the  second 
Monday  in  January,  1003.  At  the  general  election  in  1002  there  shall 
be  elected  five  justices,  one  of  whom  shall  hold  his  office  for  two  years, 
one  for  four  years  and  three  for  six  years.  At  the  general  election  in 
1004  and  every  six  years  thereafter  two  justices  shall  be  elected.  At 
the  general  election  in  1906  and  every  six  years  thereafter  two  justices 
shall  be  elected.  At  the  general  election  in  1008  and  every  six  years 
thereafter  three  justices  shall  be  elected.'' 

Sec.  3.  The  supreme  court  shall  have  original  jurisdiction  in  pro- 
ceedings in  quo  warranto,  mandamus  and  Iiaheas  corpus:  and  such 
appellate  jurisdiction  as  may  be  provided  by  law.  It  shall  hold  one 
term  each  year  at  the  seat  of  government,  and  such  other  terms  at 

"Adopted  November,  1875..  ^Adopted  November,  1900. 


Kansas— 1859  1249 

such  places  as  may  be  provided  by  law,  and  its  jurisdiction  sliall  be 
coextensive  with  the  state. 

Sec.  4.  There  shall  be  appointed,  by  the  justices  of  the  supreme 
court,  a  reporter  and  clerk  of  said  court,  who  shall  hold  their  offices 
two  years,  and  whose  duties  shall  be  prescribed  by  law. 

Sec.  5.  The  state  shall  be  divided  into  five  judicial  districts,  in  each 
of  which  there  shall  be  elected,  hy  the  electors  thereof,  a  district  judge, 
who  shall  hold  his  office  for  the  term  of  four  years.  District  courts 
shall  be  held  at  such  times  and  places  as  may  be  provided  by  law. 

Sec.  C).  The  district  courts  shall  have  such  jurisdiction  in  theii- 
respective  districts  as  may  be  provided  by  law. 

Sec.  7.  There  shall  l)e  elected  in  each  organized  county  a  clerk  of 
the  district  court,  who  shall  hold  his  office  two  years,  and  whose  duties 
shall  be  j^rescriljed  by  law. 

Sec.  8.  There  shall  be  a  probate  court  in  each  county,  which  shall 
be  a  court  of  record,  and  have  such  probate  jurisdiction  and  care  of 
estates  of  deceased  persons,  minors  and  persons  of  unsound  minds,  as 
may  be  prescribed  by  law,  and  shall  have  jurisdiction  in  cases  of 
haheas  corpus.  This  court  shall  consist  of  one  judge,  who  shall  be 
elected  by  the  qualified  voters  of  the  county,  and  hold  his  office  two 
years.  He  shall  be  his  own  clerk,  and  shall  hold  court  at  such  times, 
and  receive  for  compensation  such  fees  as  may  be  prescribed  by  law.'' 

Sec.  9.  Two  justices  of  the  peace  shall  be  elected  in  each  township, 
whose  term  of  office  shall  be  two  years,  and  whose  powers  and  duties 
shall  be  prescribed  by  hnv.  The  number  of  justices  of  the  peace  may 
be  increased  in  any  township  by  law. 

Sec.  10.  All  appeals  from  probate  courts  and  justices  of  the  peace 
^hall  l)e  to  the  district  court. 

Sec.  11.  All  the  judicial  officers  provided  for  by  this  article  shall 
be  elected  at  the  first  election  under  this  constitution,  and  shall  reside 
in  their  resiDCctive  townships,  counties  or  districts  during  their 
res])ective  terms  of  office.  In  case  of  vacancy  in  any  judicial  office, 
it  shall  be  filled  by  appointment  of  the  governor  until  the  next  regular 
election  that  shall  occur  more  than  thirty  days  after  such  vacancy 
shall  have  hapi)ened. 

Sec.  12.  All  judicial  officers  shall  hold  their  offices  until  their  suc- 
cessors shall  have  qualified. 

Sec.  L3.  The  justices  of  the  supreme  court  and  judges  of  the  dis- 
trict courts  shall,  at  stated  times,  receive  for  their  serxices  such 
compensation  as  nuiy  be  provided  by  law.  which  shall  not  be  increased 
during  their  respective  terms  of  office;  provided,  such  comi)ensation 
shall  not  be  less  than  fifteen  hundred  dolhirs  to  each  justice  or  judge 
each  year,  and  such  justices  or  judges  shall  receive  no  fees  or  per- 

^  The  legislattn-e  of  190.5  has  authorized  the  siibniission  of  the  following  as  a 
sultstitute  for  section  S.  which  will  he  voted  on  in  Xovenil)er.  inOC: 

"  Sec.  S.  There  shall  be  a  i)rohate  court  in  each  county,  which  ghall  ho  a  coiu't 
of  record,  and  have  such  i)rol)ate  .jurisdiction  and  care  of  estates  of  deceased 
persons,  minors,  and  persons  of  unsound  minds,  as  may  he  prescribed  by  law,  and 
shall  have  jurisdiction  in  cases  of  lidhcds  coiimx.  The  court  shall  consist  of  one 
judge,  who  shall  be  elected  l)y  the  (|ualitied  voters  of  the  county,  and  hold  his 
office  two  years.  He  shall  hold  court  at  such  times  and  receive  for  compensa- 
tion such  fees  or  salary  as  may  be  pi-escribed  liy  law.  Tiie  legislature  may  pro- 
'  vide  for  the  ai)|)ointment  or  selection  of  a  probate  Jndgc  ino  Iciii.  when  the 
probate  judge  is  unavoidal)ly  absent  or  otherwise  unable  or  disciualilied  to  sit 
in  Jinv  case." 


1250  Kansas— 1859 

(jiiisites,  nor  hold  any  other  office  of  profit  or  trust  under  the  authority 
of  the  state,  or  the  United  States,  (hirino-  the  term  of  office  for  which 
said  justices  and  judges  shall  be  elected,  nor  practice  law  in  any  of 
the  courts  in  the  state  during  their  continuance  in  office. 

Sec.  14.  Provision  may  be  made  by  law  for  the  increase  of  the 
number  of  judicial  districts  whenever  two-thirds  of  the  members  of 
each  house  shall  concur.  Such  districts  shall  be  formed  of  compact 
territory  and  bounded  by  county  lines,  and  such  increase  shall  not 
vacate  the  office  of  any  judge. 

Sec.  15.  Justices  of  the  supreme  court  and  judges  of  the  district 
courts  may  be  I'emoved  from  office  by  resolution  of  both  houses,  if 
two-thirds  of  the  members  of  each  house  concur ;  but  no  such  removal 
shall  be  made  except  upon  complaint,  the  substance  of  which  shall 
be  entered  upon  the  journal,  nor  until  the  party  charged  shall  have 
had  notice  and  o^jportunity  to  be  heard. 

Sec.  IG.  The  several  justices  and  judges  of  the  courts  of  record  in 
this  state,  shall  have  jurisdiction  at  chambers  as  mav  be  provided  bv 
law. 

Sec.  IT.  The  style  of  all  process  shall  be  ''  The  State  of  Kansas," 
and  all  prosecutions  shall  be  carried  on  in  the  name  of  the  state. 

Sec.  18.  Until  otherwise  provided  by  law,"  the  first  district  shall 
consist  of  the  counties  of  Wyandotte,  Leavenworth,  Jelferson  and 
Jackson.  The  second  district  shall  consist  of  the  counties  of  Atchi- 
son, Doniphan,  Brown,  Xemaha,  Marshall  and  "Washington.  The 
third  district  shall  consist  of  the  counties  of  Pottaw^atomie,  Riley, 
Clay,  Dickinson,  Davis,  Wabaunsee  and  Shawnee.  The  fourth  dis- 
trict shall  consist  of  the  counties  of  Douglas,  Johnson,  Lykins,  Frank- 
lin, Anderson,  Linn,  Bourbon  and  Allen.  The  fifth  district  shall 
consist  of  the  counties  of  Osage,  Cotfey,  Woodson,  Greenwood,  Madi- 
son, Breckinridge,  Morris,  Chase,  Butler  and  Plunter. 

Sec.  19.  New  or  unorganized  counties  shall  by  law  be  attached  for 
judicial  purposes  to  the  most  convenient  judicial  districts. 

Sec.  20.  Provision  shall  be  made  by  law  for  the  selection,  by  the 
bar,  of  a  jwo  tern,  judge  of  the  district  court,  when  the  judge  is  absent 
or  otherwise  unable  or  disqualified  to  sit  in  any  case. 

Article  4 
elections 

Section  1.  All  elections  by  the  people  shall  be  by  ballot,  and  all 
elections  by  the  legislature  shall  be  r'uui  voce. 

Sec.  2.  General  elections  and  township  elections  shall  be  held  bien- 
nially on  the  Tuesday  succeeding  the  first  Monday  in  November  in 
the  years  bearing  even  numbers.  All  county  and  township  officers 
shall  hold  their  offices  for  a  term  of  two  years  and  until  their  succes- 
sors are  qualified ;  provided,  one  county  commissioner  shall  be  elected 
from  each  of  three  districts,  numbered  1,  2,  and  3,  by  the  voters  of  the 
district,  and  the  legislature  shall  fix  the  time  of  election  and  the  term 
of  office  of  such  commissioners;  such  election  to  be  at  a  general  elec- 
tion, and  no  term  of  office  to  exceed  six  years.  All  officers  whose  suc- 
cessors would,  under  the  law  as  it  existed  at  the  time  of  their  election, 

a  See  Geu.  Stat.  1901,  art.  .".,  p.  423. 


Kansas— 1859  1251 

be  elected  in  an  odd-numbered  year  shall  hold  office  for  an  additional 
year  and  until  their  successors  are  qualified.  Xo  person  shall  hold  the 
office  of  sheriff  or  county  treasurer  for  more  than  two  consecutive 
terms." 

AUTICI.K    .") 
SliFl'RAOK 

Section  1.  Every  "white ''  male  person  of  twenty-one  jeavs  and 
npAvards,  belonging  to  either  of  the  following  classes — who  shall  have 
resided  in  Kansas  six  months  next  preceding  any  election,  and  in  the 
township  or  ward  in  which  he  offers  to  vote  at  least  thirty  days  next 
l^receding  such  election — shall  be  deemed  a  qualified  elector : 

1st.  Citizens  of  the  United  States. 

2d.  Persons  of  foreign  birth  Avho  shall  have  declared  their  inten- 
tion to  become  citizens  conformably  to  the  laws  of  the  United  States 
on  the  subject  of  naturalization. 

Sec.  2.  Xo  person  under  guardianship,  non  compox.  modis,  or  in- 
sane; no  person  convicted  of  felom',  unless  restored  to  civil  rights; 
no  person  who  has  been  dishonorably  dischargetl  fi'om  the  service  of 
the  United  States,  unless  reinstated;  no  person  guilty  of  defrauding 
the  government  of  the  United  States,  or  any  of  the  states  thereof;  no 
person  guilty  of  giving  or  receiving  a  bribe,  or  offering  to  give  or 
receive  a  bribe;  and  no  person  who  has  ever  voluntarily  borne  arms 
against  the  government  of  the  United  States,  or  in  any  manner  vol- 
untarily aided  or  abetted  in  the  attempted  overthrow  of  said  govei'n- 
ment,  except  all  persons  who  have  been  honorably  dischargetl  from 
the  military  service  of  the  United  States  since  the  1st  day  of  April, 
A.  D.  1801,  provided  that  they  have  served  one  year  or  nu)re  tlierein, 
shall  be  qualified  to  A'ote  or  hold  office  in  this  state,  until  such  disabil- 
ity shall  be  removed  by  a  law  passed  by  a  vote  of  two-thirds  of  all  the 
members  of  both  branches  of  the  legislature.'^ 

Sec.  3.  For  the  purpose  of  voting,  no  person  shall  be  deenunl  to 
have  gained  or  lost  a  residence  by  reason  of  his  presence  or  absence 
while  emploj^ed  in  the  service  of  the  United  States,  nor  while  engaged 
in  the  navigation  of  the  waters  of  this  state,  or  of  the  United  States, 
or  of  the  high  seas,  nor  while  a  student  of  any  seminary  of  learning, 
nor  while  kept  at  any  almshouse  or  other  asylum  at  public  expense, 
nor  while  confined  in  any  public  prison;  and  the  legislature  may 
make  provision  for  taking  the  votes  of  electors  who  may  be  absent 
from  their  townships  or  wards,  in  the  volunteer  militaiy  service  of 
the  United  States,  or  the  militia  service  of  this  stale;  but  nothing 
herein  contained  shall  l)e  deemed  to  allow  any  soldier,  seaman  or 
marine  in  the  regular  army  or  navy  of  the  United  States  the  right  to 
vote.'' 

Sec.  4.  The  legislature  shall  ])ass  such  laws  as  may  be  necessary  for 
ascertaining  by  proper  proofs,  the  citizens  Avho  shall  be  entitled  to  the 
right  of  suffrage  hereby  established. 

Sec.  5.  p]verv  person  who  shall  give  or  accept  a  challenge  to  fight  a 
duel,  or  w'ho  shall  knowingly  carry  to  another  person  such  challenge, 

"Adopted  November,  1002. 

^  See  fifteenth  aineudnieiit  tn  coiistiluiinii  of  ilit>  I'liiicU  Si.itcs. 

f  Adopted  Noveuil)er.  18(17. 

<i  Adopted  November,  18(>-4. 


1252  Kansas— 1859 

or  .shall  go  out  of  the  state  to  fioht  a  duel,  .shall  be  ineligible  to  any 
office  of  tru.st  or  profit. 

Sec.  0.  Every  person  who  shall  have  given  or  oti'ered  a  bribe  to  pro- 
cure his  election,  shall  be  tlisqualitied  from  holding  office  during  the 
term  for  which  he  may  have  been  elected. 

Sec.  T.  Electors,  during  their  attendance  at  elections,  and  in  going 
to  and  returning  therefrom,  shall  be  privileged  from  arrest  in  all 
ca.ses  except  treason,  felony  or  Ijreach  of  the  jieace. 

Aktjci.k  t'> 

EDUCATION 

Section  1.  The  state  superintendent  of  jDublic  instruction  shall 
have  the  general  supervision  of  the  common  school  funds  and  educa- 
tional interests  of  the  state,  and  perform  such  other  duties  as  may  be 
prescribed  by  law.  A  superintendent  of  public  instruction  shall  be 
elected  in  each  county,  whose  term  of  office  shall  be  two  years,  and 
whose  duties  and  compensation  .^hall  be  prescribed  by  law. 

Sec.  2.  The  legislature  shall  encourage  the  promotion  of  intel- 
lectual, moral,  scientific  and  agricultural  improvement,  by  establish- 
ing a  uniform  system  of  common  schools,  and  schools  of  a  higher 
grade,  embracing  normal,  preparatory,  collegiate  and  university 
departments. 

Sec.  3.  The  proceeds  of  all  lands  that  have  been  or  may  be  granted 
by  the  United  States  to  the  state  for  the  support  of  schools,  and  the 
five  hundred  thousand  acres  of  land  granted  to  the  new  states  under 
an  act  of  Congress  distributing  the  proceeds  of  public  lands  among 
the  several  states  of  the  Union,  approved  September  4,  A.  D.  1841, 
and  all  estates  of  persons  dying  without  heir  or  Avill,  and  such  per 
cent,  as  may  be  granted  by  Congress  on  the  sale  of  lands  in  this  state, 
shall  be  the  common  property  of  the  state,  and  shall  be  a  perpetual 
school  fund,  which  shall  not  be  diminished,  but  the  interest  of  which, 
together  with  all  the  rents  of  the  lands,  and  such  other  means  as  the 
legislature  may  provide,  by  tax  or  otherwise,  .shall  be  inviolably 
appropriated  to  the  support  of  common  schools. 

Sec.  4.  The  income  of  the  state  school  funds  shall  be  disbursed 
annually,  by  order  of  the  state  superintendent,  to  the  several  county 
treasurers,  and  thence  to  the  treasurers  of  the  several  school  districts, 
in  equitable  proportion  to  the  number  of  children  and  youth  resident 
therein,  between  the  ages  of  five  and  twenty-one  years;  provided, 
that  no  school  district,  in  which  a  common  school  has  not  been  main- 
tained at  least  three  months  in  each  year,  shall  be  entitled  to  receive 
any  portion  of  such  funds. 

Sec.  5.  The  school-lands  shall  not  be  sold,  unless  such  sale  shall  be 
authorized  by  a  vote  of  the  people  at  a  general  election;  but,  subject 
to  revaluation  every  five  years,  they  may  be  leased  for  any  number  of 
years,  not  exceeding  twenty-five,  at  a  rate  established  by  law. 

Sec.  6.  All  money  which  shall  be  paid  by  persons  as  an  equivalent 
for  exemption  from  military  duty ;  the  clear  proceeds  of  estrays. 
ownership  of  which  shall  vest  in  the  taker-up :  and  the  proceeds  of 
fines  for  any  breach  of  the  penal  laws,  shall  be  exclusively  applied 
in  the  several  counties  in  which  the  money  is  paid  or  fines  collected, 
to  the  support  of  conmion  schools. 


Ka7isas—lS59  1253 

Sec.  7.  Provision  shall  be  made  by  law  for  the  establishment,  at 
some  eligible  and  central  point,  of  a  State  University,  for  the  promo- 
tion of  literature,  and  the  arts  and  sciences,  includintr  a  normal  and 
an  agricultural  department.  All  funds  arising  from  the  sale  or  rents 
of  lands  granted  by  the  United  States  to  the  state  for  the  support  of 
a  State  University,  and  all  other  grants,  donations  or  bequests,  either 
l)y  the  state  or  by  individuals,  for  such  purpose,  shall  remain  a  per- 
petual fund,  to  be  called  the  ''  University  fund,"  the  inte^-est  of  which 
shall  be  appropriated  to  the  support  of  the  State  University. 

Sec.  8.  Xo  religious  sect  or  sects  shall  ever  control  any  i)art  of  the 
common-school  or  University  funds  of  the  state. 

Sec.  9.  The  state  superintendent  of  public  instruction,  secretary  of 
state  and  attorney-general  shall  constitute  a  board  of  commissioners, 
for  the  management  and  investment  of  the  school  funds.  Any  two 
of  said  commissioners  shall  be  a  quorum. 

Article  7 
public  institutions 

Section  1.  Institutions  for  the  benefit  of  the  insane,  blind,  and 
deaf  and  dumb,  and  such  other  benevolent  institutions  as  the  public 
good  ma}'  require,  shall  be  fostered  and  supported  by  the  state,  sub- 
ject to  such  regulations  as  may  be  prescribed  by  law.  Trustees  of 
such  benevolent  institutions  as  may  be  hereafter  created,  shall  be 
appointed  by  the  governor,  by  and  with  the  advice  and  consent  of  the 
senate;  and  upon  all  nominations  made  by  the  governor  the  (juestion 
shall  be  taken  in  yeas  and  naj^s,  and  entered  upon  the  journal. 

Sec.  2.  A  penitentiary  shall  be  established,  the  directors  of  which 
shall  be  appointed,  or  elected,  as  prescribed  by  law. 

Sec.  3.  The  governor  shall  fill  any  vacancy  that  may  occur  in  the 
offices  aforesaid  until  the  next  session  of  the  legislature,  and  until  a 
successor  to  his  appointee  shall  be  confirmed  and  (puilified. 

Sec.  -t.  The  respective  counties  of  the  state  shall  i)rovide,  as  may 
be  prescribed  by  law,  for  those  inhabitants  who  by  reason  of  age, 
infirmity,  or  other  misfortune,  may  have  claims  u])on  the  sympathy 
and  aid  of  society. 

Aim CLE  S 

MILJTIA 

Section  1.  The  militia  shall  be  composed  of  all  able-bodied  male 
citizens  between  the  ages  of  twenty-one  and  forty-five  years,  excej^t 
such  as  are  exempted  by  the  laws  of  the  United  States  or  of  this 
state;  but  all  citizens  of  any  religious  denomination  whatever  who 
from  scrujjles  of  conscience  may  be  averse  to  bearing  arms  shall  be 
exempted  thereform  upon  such  conditions  as  may  be  i:)i-escribed  by 
law.« 

Sec.  2.  The  legislature  shall  provide  for  organizing,  equipping  and 
disciplining  the  Vnilitia  in  such  manner  as  it  shall  deem  expedient  not 
incompatible  with  the  laws  of  the  United  States. 

Sec.  8.  Officers  of  the  militia  shall  be  elected  or  appointed,  and 
commissioned  in  such  manner  as  may  be  provided  by  law. 


"  Adopted  \()\>'iiil)t'r.   INNS. 


1254  Kansas— 18r)0 

Sfx'.  4.  The  governor  shall  he  conimniider-in-chief,  and  shall  have 
power  to  call  out  the  militia  to  execute  Ihe  hnvs,  to  su])press  insurrec- 
tion, and  to  repel  invasion. 

Akttci.h  !) 
foitnty  and  townsiiii'  oroantzatton 

Section  1.  The  legislature  shall  ]irovide  for  organizing  new  coun- 
ties, locating  county-seats,  and  changing  county  lines ;  but  no  county- 
seat  shall  be  changed  Avithout  the  consent  of  a  majority  of  the  elect- 
ors of  the  county;  nor  any  county  organized,  nor  the  lines  of  any 
county  changed  so  as  to  include  an  area  of  less  than  four  hundred  and 
thirty-two  square  miles. 

Sec.  2.  The  legislature  shall  provide  for  such  county  and  township 
officers  as  may  be  necessary. 

Sec.  3.  [Repealed  bv  amended  section  2,  article  4,  adopted  Novem- 
ber, 1002.    See  Appendix.] 

Sec.  4.   [Repealed  as  above.     See  Appendix.] 

Sec.  5.  All  county  and  township  officers  may  be  removed  from 
office,  in  such  manner  and  for  such  cause,  as  shall  be  prescribed  bv 
law. 

Arttct,!-;   10 

APPORTIONMENT 

Section  1.  In  the  future  apportionments  of  the  state,  each  organ- 
ized county  shall  have  at  least  one  representative;  and  each  county 
shall  be  divided  into  as  many  districts  as  it  has  representatives. 

Sec.  2.  It  shall  be  the  duty  of  the  first  legislature  to  make  an 
apportionment,  based  upon  the  census  ordered  by  the  last  legislative 
assembly  of  the  territory ;  and  a  new  apportionment  shall  be  made 
in  the  year  18()G,  and  every  five  years  thereafter,  based  upon  the 
census  of  the  preceding  year. 

Sec.  3.  Until  there  shall  be  a  new  apportionment,"  the  state  shall 
be  divided  into  election  districts;  and  the  representatives  and  senators 
shall  be  apportioned  among  the  several  districts  as  follows,  viz. : 

1st  district,  Donii)han,  4  representatives,  2  senators. 

2d  district,  Atchison  and  Brown,  G  representatives,  2  senators. 

3d  district,  Nemaha,  Marshall  and  Washington,  2  representatives, 

1  senator. 

4th  district.  Clay,  Riley  and  Pottawatomie,  4  representatives,  1 
senator. 

5th  district,  Dickinson,  Davis  and  "Wabaunsee,  3  representatives.  1 
senator. 

Gth  district,  Shawnee,  Jackson,  and  Jefferson,  8  representatives, 

2  senators. 

Tth  district,  Leavenworth,  0  representatives.  3  senators. 

8th  district,  Douglas,  Johnson  and  Wyandotte,  13  representatives, 
4  senators. 

9th  district,  Lykins,  Linn  and  Bourbon,  9  representatives,  3 
senators. 

lOtli  district,  Allen,  Anderson  and  Franklin.  G  representatives,  2 
senators. 


"Sec  (ien.  Stilt.  1001,  cli.  4,  p.  70. 


Kansas— 1859  1255 

11th  district,  Woodson  and  Madison,  2  representatives,  1  senator. 

12tli  district,  CoU'ey,  Osage  and  Breckenridge,  (5  representatives,  2 
senators. 

13th  district,  Morris,  Chase  and  Butler,  2  representatives,  1  senator. 

14th  district,  Arapahoe,  Godfroy,  Greenwood,  Hunter,  AVilson, 
Dorn  and  McGee,  1  rejiresentative. 

.Virnci.K  1 1 

riNANCE  AND   TAXATION 

Section  1.  The  legishiture  shall  provide  for  a  unii'orni  and  ('(jual 
rate  of  assessment  and  taxation;  but  all  property  used  exclusively 
for  state,  county,  municipal,  literary,  educational,  scientific,  religious, 
benevolent  and  charitable  purposes,  and  personal  property  to  the 
amount  of  at  least  two  hundred  dollars  for  each  family,  shall  be 
exempted  from  taxation. 

Sec.  2.  The  legislature  shall  provide  for  taxing  the  notes  and  bills 
discounted  or  purchased,  moneys  loaned,  and  other  property,  ert'ects, 
or  dues  of  eA'ery  description,  (without  deduction)  of  all  banks  now 
existing,  or  hereafter  to  be  created,  and  of  all  bankers;  so  that  all 
property  employed  in  banking  shall  always  bear  a  burden  of  taxa- 
tion equal  to  that  imposed  upon  the  property  of  individuals. 

Sec.  3.  The  legislature  shall  provide,  at  each  regular  session,  for 
raising  sufficient  revenue  to  defray  the  current  expenses  of  the  state 
for  two  years.® 

Sec.  4.  No  tax  shall  be  levied  except  in  pursuance  of  a  law  which 
shall  distinctly  state  the  object  of  the  same,  to  which  object  only  such 
tax  shall  be  applied. 

Sec.  5.  For  the  purpose  of  defraying  extraordinary  expenses  and 
making  public  improvements,  the  state  va-Ay  contract  public  debts; 
but  such  debts  shall  never,  in  the  aggregate,  exceed  one  million  dol- 
lars, except  as  hereinafter  provided.  Every  such  debt  shall  be  au- 
thorized by  law  for  some  purpose  specified  therein,  and  the  vote  of  a 
majority  of  all  the  members  elected  to  each  house,  to  be  taken  by  the 
yeas  and  nays,  shall  be  necessary  to  the  passage  of  such  law;  and 
every  such  law  shall  provide  for  levying  an  annual  tax  suflicient  to 
pay  the  annual  interest  of  such  debt,  and  the  principal  thereof,  when 
it  shall  become  due;  and  shall  specifically  appropriate  the  proceeds 
of  such  taxes  to  the  payment  of  such  principal  and  interest;  and  such 
appropriation  shall  not  be  repealed  nor  the  taxes  ])osti)oned  or  dimin- 
ished, until  the  interest  and  principal  of  such  debt  shall  have  been 
wholly  paid. 

Sec.  f).  No  debt  shall  be  contracted  by  the  state  except  as  herein 
provided,  unless  the  proposed  law  for  creating  such  debt  shall  first 
be  submitted  to  a  direct  vote  of  the  electors  of  the  state  at  some  gen- 
eral election;  and  if  such  proposed  law  shall  be  ratified  by  a  majority 
of  all  the  votes  cast  at  such  general  election,  then  it  shall  be  the  duty 
of  the  legislature  next  after  such  election  to  enact  such  law  and  create 
such  debt,  subject  to  all  the  provisions  and  restrictions  provided  in 
the  preceding  sections  of  this  article. 

«  Adopted  November,  1875. 


1256  Kansas— 1859 

Sec.  7.  The  state  may  borrow  moiuiy  to  repel  invasion,  suppress 
insurrection,  or  defend  the  state  in  time  of  war;  but  the  money  thus 
raised,  shall  be  applied  exclusively  to  the  object  for  which  the  loan 
was  authorized,  or  to  the  repayment  of  the  debt  thereby  created. 

Sec.  S.  The  state  shall  never  be  a  party  in  carrying  on  any  works 
of  internal  improvement. 

Aktk  r-E  12 

C()IU"(>I!A  riONS 

Section  1.  The  legislature  shall  pass  no  special  act  conferring  cor- 
joorate  powers.  Corporations  may  be  created  under  general  laws; 
but  all  such  laAvs  may  be  amended  or  repealed. 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  individual  lia- 
bility of  the  stockholders  to  an  additional  amount  equal  to  the  stock 
owned  by  each  stockholder ;  and  such  other  means  as  shall  be  provided 
by  hnv;  but  such  individual  liability  shall  not  apply  to  railroad  cor- 
porations, nor  corporations  for  religious  or  charitable  purposes." 

Sec.  3.  The  title  to  all  property  of  religious  corporations  shall  vest 
in  trustees,  whose  election  shall  be  by  the  members  of  such  corpo- 
rations. 

Sec.  4.  No  right  of  way  shall  be  appropriated  to  the  use  of  any  cor- 
poration, until  full  compensation  therefor  be  first  made  in  money,  or 
secured  by  a  deposit  of  money,  to  the  owner,  irrespective  of  any  bene- 
fit from  any  improvement  proposed  by  such  corporation. 

Sec.  5.  Provision  shall  l)e  made  by  general  law  for  the  organization 
of  cities,  towns,  and  villages;  and  their  power  of  taxation,  assessment, 
borrowing  money,  contracting  debts  and  loaning  their  credit,  shall  be 
so  restricted  as  to  prevent  the  abuse  of  such  power. 

Sec.  G.  The  term  corporations,  as  used  in  this  article,  shall  include 
all  the  associations  and  joint-stock  companies  having  powers  and 
privileges  not  possessed  by  individuals  or  partnerships;  and  all  cor- 
porations may  sue  and  be  sued  in  their  corporate  name. 

ArTK  LE    1?> 
HANKS    AND    CliRRENCY 

Section  1.  No  bank  shall  be  established  otherwise  than  under  a 
general  banking  law. 

Sec.  2.  All  banking  laws  shall  require  as  collateral  security  for  the 
redemption  of  the  circulating  notes  of  any  bank  organized  under  their 
provision,  a  deposit  Avith  the  auditor  of  state  of  the  interest-paying 
bonds  of  the  several  states,  or  of  the  United  States,  at  the  cash  rates 
of  the  New  York  stock  exchange,  to  an  amount  equal  to  the  amount 
of  circulating  notes  which  such  bank  shall  be  authorized  to  issue,  and 

oTlie  legislature  of  100.5  has  aulborized  the  submission  of  the  following  as  a 
substitute  for  section  2,  which  will  be  voted  ou  in  November.  ]9(Hi : 

"  Sec.  2.  Dues  from  corporations  shall  be  secured  l).v  the  individual  lial)ility  of 
the  stockholders  to  the  amount  of  stock  owned  by  eacli  stockliolder.  and  such 
other  means  as  shall  be  provided  by  law  :  but  such  individual  liability  shall  not 
apply  to  railroad  corporatious  nor  corporations  for  religious  or  charitable  pur- 
poses." 


Kansas— 1859  1257 

a  cash  deposit  in  its  vaults  of  ten  per  cent,  of  such  amount  of  circuhit- 
ing  notes;  and  the  auditor  shall  register  and  countersign  no  more 
circulating  bills  of  any  bank  than  the  cash  value  of  such  bonds  when 
deposited. 

Sec.  3.  AVhenever  the  bonds  pledged  as  collateral  security  for  the 
circulation  of  any  bank  shall  depreciate  in  value,  the  auditor  of  state 
shall  require  additional  security,  or  curtail  the  circulation  of  such 
bank,  to  such  extent  as  will  continue  the  security  unini})aired. 

Sec.  4.  All  circulating  notes  shall  be  redeemable  in  the  money  of 
the  United  States.  Holders  of  such  notes  shall  be  entitled,  in  the 
case  of  the  insolvency  of  such  banks,  to  preference  of  payment  over 
all  other  creditors. 

Sec,  5.  The  state  shall  not  be  a  stockholder  in  any  l)anking  insti- 
tution. 

Sec.  6.  All  banks  shall  be  required  to  keep  offices  and  officers  for  the 
issue  and  redemption  of  their  circulation,  at  a  convenient  place 
within  the  state,  to  be  named  on  the  circulating  notes  issued  by  such 
bank. 

Sec.  7.  No  banking  institution  shall  issue  circulating  notes  of  a  less 
denomination  than  one  dollar." 

Sec.  8.  No  banking  law  shall  be  in  force  until  the  same  shall  have 
been  submitted  to  a  vote  of  the  electors  of  the  state  at  some  general 
election,  and  approved  by  a  majority  of  all  the  votes  cast  at  such  gen- 
eral election. 

Sec.  9.  Any  banking  law  may  be  amended  or  repealed. 

Article  14 
ame]s■1)3ie^'ts 

Section  1.  Propositions  for  the  amendment  of  this  constitution 
may  be  made  by  either  branch  of  the  legislature;  and  if  two-thirds  of 
all  the  members  elected  to  each  house  shall  concur  therein,  such  i)ro- 
posed  amendments  together  with  the  yeas  and  nays  shall  be  entered 
on  the  journal;  and  the  secretary  of  state  shall  cause  the  same  to  be 
published  in  at  least  one  newspaper  in  each  county  of  the  state  where 
a  ncAvspaper  is  puljlished,  for  three  months  preceding  the  next  elec- 
tion for  representatives,  at  which  time  the  same  shall  be  submitted  to 
the  electors  for  their  approval  or  rejection;  and  if  a  majority  of  the 
electors  voting  on  said  amendments,  at  said  election,  shall  adopt  the 
amendments,  the  same  shall  become  a  part  of  the  constitution.  When 
more  than  one  amendment  shall  be  submitted  at  the  same  time,  they 
shall  be  so  submitted  as  to  enable  the  electors  to  vote  on  each  amencl- 
ment  separately;  and  not  more  than  three  propositions  to  amend  shall 
be  submitted  at  the  same  election. 

Sec.  -2.  Whenever  two-tliirds  of  the  members  elected  to  each  branch 
of  the  legislature  shall  think  it  necessary  to  call  a  convention  to  revise, 
amend  or  change  this  constitution,  they  shall  reconnnend  to  the  elec- 
tors to  vote  at  the  next  election  of  members  to  the  legislature,  for  or 
against  a  convention;  and  if  a  majority  of  all  the  electors  voting  at 
such  election  shall  have  voted  for  a  convention,  the  legislature  shall, 
at  the  next  session,  provide  for  calling  the  same. 

1  Adopted  November,  1861. 


1258  KcmaiiH—lSSO 

AlMKLK  15 
MISCKLLANKOXIS 

Section  1.  All  officers  whose  election  or  appointment  is  not  other- 
wise provided  for,  shall  be  chosen  or  appointed  as  may  be  prescribed 
by  law. 

Sec^  2.  The  tenure  of  any  office  not  herein  provided  for  may  be 
declared  by  law;  when  not  so  declared  such  office  shall  l^e  held  durina' 
the  pleasure  of  the  authority  making  the  appointment,  but  (he  legis- 
lature shall  not  create  any  office  the  tenure  of  which  shall  be  longer 
than  four  years. 

Sec.  3.  Lotteries  and  the  sale  of  lottery  tickets  are  forever  pro- 
hibited. 

Sec.  4.  All  public  printing  shall  be  done  by  the  state  printer,  who 
shall  be  elected  by  the  people  at  the  election  held  for  state  officers  in 
NoA'Cmber,  lOOG,  and  every  two  years  thereafter,  at  the  election  held 
for  state  officers,  and  shall  hold  his  office  for  two  years  and  until  his 
successor  shall  be  elected  and  qualified." 

Sec.  5.  An  accurate  and  detailed  statement  of  the  receipts  and  ex- 
penditures of  the  public  moneys,  and  the  several  amounts  paid,  to 
whom,  and  on  Avhat  account,  shall  be  published,  as  prescribed  by  law. 

Sec.  G.  The  legislature  shall  provide  for  the  protection  of  the  rights 
of  Avomen  in  acquiring  and  possessing  property,  real,  personal  and 
mixed,  separate  and  apart  from  the  husband:  and  shall  also  provide 
for  their  equal  rights  in  the  possession  of  their  children. 

Sec.  T.  The  legislature  may  reduce  the  salaries  of  officers  who  shall 
neglect  the  performance  of  any  legal  duty. 

Sec.  8.  The  temporar}^  seat  of  government  is  hereby  located  at  the 
city  of  Topeka,  county  of  Shawnee.  The  first  legislature  under  this 
constitution  shall  provide  by  law  for  submitting  the  question  of  the 
permanent  location  of  the  capital  to  a  popular  vote,  and  a  majority  of 
all  the  votes  cast  at  some  general  election  shall  be  necessary  for  such 
location. 

Sec.  0,  A  homestead,  to  the  extent  of  one  hundred  and  sixty  acres 
of  farming  land,  or  of  one  acre  within  the  limits  of  an  incorporated 
town  or  city,  occupied  as  a  residence  b}-  the  family  of  the  owner, 
together  with  all  improvements  on  the  same,  shall  be  exempted  from 
forced  sale  under  any  process  of  law,  and  shall  not  be  alienated  Avith- 
out  the  joint  consent  of  husband  and  wife,  when  that  relation  exists; 
but  no  jiroperty  shall  be  exempt  from  sale  for  taxes,  or  for  the  pay- 
ment of  obligations  contracted  for  the  purchase  of  said  premises,  or 
for  the  erection  of  improvements  thereon :  provided,  the  provisions 
of  this  section  shall  not  apply  to  any  process  of  law  obtained  by  virtue 
of  a  lien  given  by  the  consent  of  both  husband  and  wife. 

Sec.  10^  The  manufacture  and  sale  of  intoxicating  licpiors  shall  be 
forever  prohibited  in  this  state,  except  for  medical,  scientific  and 
mechanical  purposes.^ 

Schedule 

Section  1.  That  no  inconvenience  ma}-  arise  from  the  change  from 
a  territorial  government  to  a  permanent  state  government,  it  is  de- 

aAdopted  November.  1004.  ^Adopted  November,  1880. 


Kansas— 1859  1259 

clared  by  this  constitution,  that  all  suits,  rights,  actions,  prosecutions, 
recognizances,  contracts,  judgments  and  claims,  both  as  respects  indi- 
viduals and  bodies  corporate,  shall  continue  as  if  no  change  had  taken 
l^lace. 

Sec.  2.  All  fines,  penalties  and  forfeitures,  oAving  to  the  territory 
of  Kansas,  or  any  county,  shall  inure  to  the  use  of  the  state  or  county. 
All  bonds  executed  to  the  territory,  or  any  officer  thereof  in  his  offi- 
cial capacity,  shall  pass  over  to  the  goA'ernor,  or  other  officers  of  the 
state  or  county,  and  their  successors  in  office,  for  the  use  of  the  state 
or  county,  or  by  him  or  them  to  be  respectively  assigned  over  to  the 
use  of  those  concerned,  as  the  case  may  be. 

Sec.  3.  The  governor,  secretary  and  judges,  and  all  other  officers, 
both  civil  and  military,  under  the  territorial  government,  shall  con- 
tinue in  the  exercise  of  the  duties  of  their  respective  departments 
until  the  said  officers  are  superseded  under  the  authority  of  this  con- 
stitution. 

Sec.  4.  All  laws  and  parts  of  laws  in  force  in  the  territory  at  the 
time  of  the  acceptance  of  this  constitution  by  Congress,  not  incon- 
sistent with  this  constitution,  shall  contintie  and  remain  in  full  force 
until  they  expire,  or  shall  be  repealed. 

Sec.  5.  The  governor  shall  use  his  private  seal  initil  a  state  seal  is 
provided. 

Sec.  6.  The  governor,  secretary  of  state,  auditor  of  state,  treasurer 
of  state,  attorney-general,  and  superintendent  of  public  instruction 
shall  keep  their  respective  offices  at  the  seat  of  government. 

Sec.  7.  All  records,  documents,  books,  papers,  moneys  and  vouch- 
ers belonging  and  pertaining  to  the  several  territorial  courts  and 
offices  and  to  the  several  district  and  county  offices,  at  the  date  of  the 
admission  of  this  state  into  the  Union,  shall  be  disposed  of  in  such 
manner  as  may  be  prescribed  by  law. 

Sec.  8.  All  suits,  pleas,  plaints  and  other  proceedings  ]:)ending  in 
any  court  of  record,  or  justice's  court,  may  be  i)rosecuted  to  final 
judgment  and  execution;  and  all  appeals,  writ  of  error,  cerfioraH, 
injunctions,  or  other  proceedings  whatever,  may  progress  and  be  car- 
ried on  as  if  this  constitution  had  not  been  adopted  and  the  legislature 
shall  direct  the  mode  in  which  such  suits,  pleas,  plaints,  prosecutions 
and  other  proceedings,  and  all  papers,  records,  books  and  documents 
connected  therewith,  may  be  removed  to  the  courts  established  by  this 
constitution. 

Sec.  9.  For  the  purpose  of  taking  the  vote  of  the  electors  of  this 
territory  for  the  ratification  or  rejection  of  this  constitution,  an  elec- 
tion shall  be  held  in  the  several  votina"  precincts  in  this  territorv,  on 
the  first  Tuesday  in  October,  A.  D.  1859.  " 

Sec.  10.  Each  elector  shiill  express  his  assent  or  dissent  by  voting  a 
written  or  printed  ballot  labeled  "  For  the  constitution,"  or  "Against 
the  constitution." 

Sec.  11.  If  a  majoritj"  of  all  votes  cast  at  such  election  shall  l)e  in 
favor  of  the  constitution,  then  there  shall  be  an  election  held  in  the 
several  voting  precincts  on  the  first  Tuesday  in  December,  A.  D.  185.0, 
for  the  election  of  members  of  the  first  legislature,  of  aH  state,  district 
and  county  officers  provided  for  in  this  constitution,  and  for  a  repre- 
sentative in  Congress. 

Sec.  12.  All  persons  having  the  qualification  of  electors,  according 
to  the  provisions  of  this  constitution,  at  the  date  of  each  of  said  elec- 
tions, and  who  shall  have  been  duly  registered  according  to  the  pro- 


1260  Kansas— 1859 

visions  of  the  registry  law  of  this  territory,  and  none  others,  shall  be 
entitled  to  vote  at  each  of  said  elections. 

Sec.  13.  The  persons  who  may  be  judges  of  the  several  voting  pre- 
cincts of  this  territory  at  the  date  of  the  respective  elections  in  this 
schedule  provided  for,  shall  be  the  judges  of  the  respective  elections 
herein  provided  for. 

Sec.  14.  The  said  judges  of  election,  before  entering  ui)()n  the 
duties  of  their  office,  shall  take  and  subscribe  an  oath  faithfully  to 
discharge  their  duties  as  such.  They  shall  appoint  two  clerks  of 
election,  who  shall  be  sworn  by  one  of  said  judges  faithfully  to  dis- 
charge their  duties  as  such.  In  the  event  of  a  vacancy  in  the  board 
of  judges  the  same  shall  be  filled  by  the  electors  present. 

Sec.  15.  At  each  of  the  elections  provided  for  in  this  schedule  the 
polls  shall  be  open  between  the  hours  of  nine  and  ten  o'clock  a.  m., 
and  close  at  sunset. 

Sec.  16.  The  tribunals  transacting  county  business  of  the  sevenil 
counties,  shall  cause  to  be  furnished  to  the  boards  of  judges  in  their 
respective  counties  two  poll-books  for  each  election  hereinbefore  pro- 
vided for,  upon  which  the  clerks  shall  inscribe  the  name  of  every  per- 
son who  may  vote  at  the  said  elections. 

vSec.  17.  After  closing  the  polls  at  each  of  the  elections  provided 
for  in  this  schedule,  the  judges  shall  proceed  to  count  the  votes  cast, 
and  designate  the  persons  or  objects  for  which  they  were  cast,  and 
shall  make  two  correct  tally-lists  of  the  same. 

Sec.  18.  Each  of  the  boards  of  judges  shall  safely  keep  one  poll- 
book  and  tally-list,  and  the  ballots  cast  at  each  election;  and  shall, 
within  ten  days  after  such  election,  cause  the  other  poll-book  and 
tally-list  to  be  transmitted,  by  the  hands  of  a  sworn  officer,  to  the  clerk 
of  the  board  transacting  county  business  in  their  respective  counties, 
or  to  which  the  county  may  be  attached  for  municipal  purposes. 

Sec.  19.  The  tribunals  transacting  county  business  shall  assemble 
at  the  county-seats  of  their  respective  counties  on  the  second  Tues- 
day after  each  of  the  elections  provided  for  in  this  schedule,  and  shall 
canvass  the  votes  cast  at  the  elections  held  in  the  several  precincts 
in  their  respective  counties,  and  of  the  counties  attached  for  munic- 
ipal purposes.  They  shall  hold  in  safe-keeping  the  poll-books  and 
tally-lists  of  said  elections,  and  shall,  within  ten  clays  thereafter, 
transmit,  by  the  hands  of  a  sworn  officer,  to  the  president  of  this  con- 
vention, at  the  city  of  Topeka,  a  certified  transcript  of  the  same,  show- 
ing the  number  of  votes  cast  for  each  person  or  object  voted  for  at 
each  of  the  several  precincts  in  their  respective  counties,  and  in  the 
counties  attached  for  municipal  purposes,  separately. 

Sec.  20.  The  governor  of  the  territory,  and  the  president  and  secre- 
tary of  the  convention  shall  constitute  a  Board  of  State  Canvassers, 
any  two  of  whom  shall  be  a  quorum;  and  who  shall,  on  the  fourth 
Monday  after  each  of  the  elections  provided  for  in  this  schedule, 
assemble  at  said  city  of  Topeka,  and  proceed  to  open  and  canvass 
the  votes  cast  at  theseveral  precincts  in  the  different  counties  of  the 
territory  and  declare  the  result;  and  shall  immediately  issue  certifi- 
cates of  election  to  all  persons  (if  any)  thus  elected. 

Sec.  21.  Said  Board  of  State  Canvassers  shall  issue  their  proclama- 
tion not  less  than  twenty  days  next  preceding  each  of  the  elections 
provided  for  in  this  schedule.  Said  proclamation  shall  contain  an 
announcement  of  the  several  elections,  the  qualifications  of  electors, 


Kansas— 1859  1261 

the  manner  of  conducting  said  elections  and  of  making  the  returns 
thereof,  as  in  this  constitution  provided,  and  shall  i^ublish  said  procla- 
mation in  one  newspaper  in  each  of  the  counties  of  the  territory  in 
which  a  newspaper  may  be  then  jjublished. 

Sec.  2-2.  The  Board  of  vState  Canvassers  shall  provide  for  the 
transmission  of  authenticated  copies  of  the  constitution  to  the  presi- 
dent of  the  United  States,  the  president  of  the  senate  and  speaker  of 
the  house  of  representatives. 

Sec.  23.  Upon  official  information  having  been  by  him  received  of 
the  admission  of  Kansas  into  the  Union  as  a  state,  it  shall  be  the  duty 
of  the  governor  elect  under  the  constitution,  to  proclaim  the  same  and 
to  convene  the  legislature  and  do  all  things  else  necessary  to  the 
complete  and  active  organization  of  the  state  government. 

Sec.  21.  The  first  legislature  shall  have  no  power  to  make  any 
changes  in  county  lines. 

Sec.  25.  At  the  election  to  be  held  for  the  ratification  or  rejection 
of  this  constitution,  each  elector  shall  be  permitted  to  vote  on  the 
homestead  provision  contained  in  the  article  on  "  Miscellaneous,"  by 
depositing  a  ballot  inscribed  '*  For  the  homestead,"'  or  ''Against  the 
homestead  ";  and  if  a  majority  of  all  the  votes  cast  at  said  election 
shall  be  against  said  provision,  then  it  shall  be  stricken  from  the  con- 
.stitution. 

Eesolutions 

Resolved.,  That  the  Congress  of  the  United  States  is  hereby  re- 
quested, upon  the  application  of  Kansas  for  admission  into  the  Union, 
to  pass  an  act  granting  to  the  state  forty-five  hundred  thousand  acres 
of  land  to  aid  in  the  construction  of  railroads  and  other  internal 
improvements. 

ResolrecU  That  Congress  be  further  requested  to  pass  an  act  appro- 
})riating  fifty  thousand  acres  of  land  for  the  improvement  of  the 
Kansas  river  from  its  mouth  to  Fort  Riley. 

Resolved.,  That  Congress  be  further  requested  to  pass  an  act  grant- 
ing all  swamp  lands  within  the  state  for  the  benefit  of  common 
schools. 

Resolved.,  That  Congress  be  further  requested  to  pass  an  act  appro- 
priating five  hundred  thousand  dollars,  or  in  lieu  thereof  five  hundred 
thousand  acres  of  land,  for  the  pa3nnent  of  the  claims  awarded  to  citi- 
zens of  Kansas  by  the  claim  commissioners  appointed  by  the  governor 
and  legislature  of  Kansas  under  an  act  of  the  territorial  legislature 
passed  7th  February,  1850. 

Resolved.,  That  the  legislature  shall  make  provision  for  the  sale  or 
disposal  of  the  lands  granted  to  the  state  in  aid  of  internal  improve- 
ments and  for  other  purposes,  subject  to  the  same  rights  of  preemp- 
tion to  the  settlers  thereon  as  are  now  allowed  by  law  to  settlers  on 
the  public  lands. 

Resolved^  That  it  is  the  desire  of  the  people  of  Kansas  to  be  ad- 
mitted into  the  Union  with  this  constitution. 

Resolved.,  That  Congress  be  further  requested  to  assume  the  debt  of 
this  territory. 

Done  in  convention  at  AA'yandotte,  this  2f)th  dav  of  Julv,  A.  I). 
1859. 

[Signed]  James  M.  Winciiell, 

President.,  and  Member  from  Osage  eounty. 

o 


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