^  //i ; 


From  the  Library  of 
Professor  David  Mellinkoff 


Who  donated  his  collection 

TO  THE 

UCLA  School  of  Law 

Hugh  &  Hazel  Darling 

Law  Library 

August  1999 


"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         l 

CONSTITUTIONS 

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  States,  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  History  of  the  Civil  War;  Editor  of  the  His- 
tory of  North  America,  Volumes  IX,  XV,  XVI,  XVIU,  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.  IV 

Michigan— New  Hampshire 


WASHINGTON 

GOVERNMENT    PRINTING   OFFICE 

1909 


MTCHTaAN" 


For  (irsnnic  nets  relating  to  the  land  now  inr-lndod  within   Michiiian  printt'd 
in  other  iiarts  of  this  work  seo: 

Virginia  Act  of  Cession,  ITSo   (Illinois,  ]).  !»;")). 
Deed  of  Cession  from  \'irginia,  1TS4  (Illinois,  jt.  U'u). 
Northwest  Territorial  <iovernnient,  1787   (Illinois,  ji.  !t.">7). 
\'irginia  Act  of  Katitication,   17S,S  (Illinois,  i).  !M;:',  ). 
Xorliiwcst  Territorial  (Jovernnient.  17S!)  (Illinois,  ji.  !h;:'.). 
Territorial  (Jovernnient  of  Indi.-ma.  ISOO  (Illinois,  p.  '.»<i4). 
Extension  of  Michigan  Territory.  is:j-l    (Iowa.  ji.   1111). 
Enabling  Act  for  Illinois.   ISl.S   (Illinois,  p.  !t(;7). 


TERRITORIAL  GOVERNMENT  OF  MICHIGAN— 1805  '' 

I  Eighth  (.'ongress,  Second  Session] 
An  Act  to  divide  the  Indiana  Territory  into  two  sei)arate  governments 

Be  it  enacted  hy  the  Senate  and  Iloasc  of  Repref^entatirefi  of  the 
United  States  of  America  in  Congress  assemhled ,  That  from  and  after 
the  thirtieth  day  of  June  next,  all  that  part  of  the  Indiana  Territory 
which  lies  north  of  a  line  drawn  east  from  the  southerly  bend,  or 
extreme,  of  Lake  IMichigan,  until  it  shall  intersect  Lake  Erie,  and 
east  of  a  line  draAvn  from  the  said  southerly  bend  throuo-h  the  middle 
of  said  lake  to  its  northern  extremity,  and  thence  due  north  to  the 
northern  boundary  of  the  United  States,  shall,  for  the  purpose  of 
temporary  government,  constitute  a  separate  Territory,  and  be  called 
Michigan. 

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  hmulred  aiul  eighty-seven,  for  the  gov- 
ernment of  the  territory  nortlnvest  of  the  river  Ohio:  and  by  an  act 
passed  on  the  scn'enth  (hiy  of  August,  one  thousand  seven  huiulre(l 
and  eighty-nine,  entitled  ''An  act  to  provide  for  the  govermnent  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 

«  The  French  exi)Iored  the  land  near  Detroit  in  1(J7U.  and  established  a  colony 
there  in  1702.  This  was  ceded  to  (Jreat  liritain,  with  all  of  the  other  Frencii 
possessions  east  of  the  .Mississipi)i  River,  by  tiie  treaty  of  I'aris.  Felirnary  10. 
17(i.".,  and  was  .annexed  l)y  royal  proclamation  to  tlie  liritish  colony  of  (^neitec. 
It  was  relin(inished  to  the  United  States  l)y  (Jre.-it  Hritain  by  the  treaties  of 
1782-'8.'*.,  although  ;i  liritish  garrison  was  maintain«'(l  nntil  17!M;. 

''The  boundaries  of  Michigan,  as  established  by  this  act,  were  necessarily 
changed  by  the  acts  of  Congress  approved  April  !),  181c.:  ,Iune  18,  1818;  .Tune  28. 
18;i4,  and  April  20.  1,8:!(i. 

The  act  of  1818  extended  the  Territory  westward  to  the  Mississippi  River, 
and  the  act  of  18:54  added  the  territory  between  the  Mississippi  River  on  th.> 
east  and  the  ^lissouri  iind  White  E.u-tli  Rivers  on  the  west.  .Michigan  Territoiw 
then  extended  from  Lakes  Erie  and  IIni-on  westward  to  the  Missouri  River,  .and 
from  the  States  of  Ohio.  Indian;!,  Illinois,  and  Missouri  northw.ard  to  the  Itritisli 
dominions. 

1925 


1 926  Michigan— 18S6 

territory  of  the  United  States  nortiiwest  of  the  ri\-er  Oiiio  hy  the  said 
ordinance. 

Skc.  ;').  A/id  he  if  further  enaeted^  Tliat  the  oflficers  for  the  said  'I'er- 
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  respectiAely  exercise  the  same  powers,  perform  the  same 
dnties,  and  receive  for  their  services  the  same  comi)ensations  as  by 
the  ordinance  aforesaid,  and  the  laws  of  the  United  States,  have  been 
provided  and  estaldished  for  similar  officers  in  the  Indiana  Terri- 
tory; and  the  duties  and  emoliunents  of  superintendent  of  Indian 
Affairs  shall  be  united  with  those  of  governor. 

Sec.  4.  And  he  it  further  enacted^  That  nothing  in  this  act  con- 
tained shall  be  construed  so  as  in  any  manner  to  affect  tlie  gt)vern- 
ment  now  in  force  in  the  Indiana  Territor}',  further  than  to  prohibit 
the  exercise  thereof  within  the  said  Territory  of  Michigan,  from  and 
after  the  aforesaid  thirtieth  day  of  June  next. 

Sec.  5.  And  he  it  further  enacted^  That  all  suits,  process,  and  pro- 
ceeding which,  on  the  thirtieth  day  of  June  next,  shall  be  pending 
in  the  court  of  any  county  which  shall  be  included  within  the  said 
Territory  of  Michigan,  and  also  all  suits,  process,  and  proceedings 
which,  on  the  said  thirtieth  day  of  June  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  Michigan  aforesaid,  shall,  in  all  things  concerning  the  same,  be 
proceeded  on,  and  judgments  and  decrees  rendered  thereon,  in  the 
same  manner  as  if  the  said  Indiana  Territory  had  remained 
undivided. 

Sec.  (').  And  he  it  farther  enacted^  That  Detroit  shall  be  the  seat  of 
goverinnent  of  the  said  Territory  until  Congress  shall  otherwise 
direct. 

Approved.  January  11.  1805. 

ENABLING  ACT  FOR  MICHIGAN— 1836  « 

LTWENTV-FOURTH     COiNtiKKSS.    FlKST    SKSSION  | 

An  Act  to  establish  the  nortliern  boundary-line  of  the  Stale  of  Ohio,  and  to 
provide  for  the  admission  of  the  State  of  JMiehigan  intd  tlie  Cnion  upon  the 
conditions  therein  expressed. 

Be  it  enacted  hy  the  Senate  and  House  of  Re presentati res  of  the 
United  States  of  A?neriea  in  Congress  asse?nhled,  That  the  northern 

"For  other  statutes  of  an  organic  natui'e  relating  to  Michigan  subsecjuent 
to  1>S0.^)  see  an  act  to  ascertain  the  l)oundaries  of.  act  of  .May  20,  1812:  to  author- 
ize the  election  of  a  delegate  from,  and  to  extend  riglit  of  suffrage  within.  Fel)- 
ruary  K!.  ISli):  to  provide  for  additional  .iudge  and  to  regulate  the  courts,  .Tanu- 
ary  'M),  1S2:'> ;  to  amend  the  earlier  acts  establishing  gi>vernment  in.  March  :>. 
1S2M;  to  provide  for  township  and  covnity  government,  and  for  popul.ar  electimi 
of  additional  meml)ers  of  the  legislative  council.  February  5.  182.");  to  allow 
citizens  to  elect  memlters  of  the  legislative  council.  .January  29.  1827;  to  author- 
ize legislative  council  to  take  charge  of  school  lands.  May  24.  1828;  to  change 
time  and  i)lace  of  holding  county  court.  April  2.  1830:  to  prolong  session  of 
legislative  council,  March  2.  1833.  to  authorize  change  in  election  districts, 
March  2,  1833;  to  annex  to  Michigan  territory  west  of  Mississippi  river  and  nortii 
of  state  of  Missouri.  June  28.  1834;  to  authorize  extra  session  of  legislative 
council,  .Tune  :!(),  18.34;  to  increase  salaries  of  judges.  .June  30,  1834;  to  ])i(tvide 
for  the  due  execution  of  the  laws  of  the  Fnited  States  in,  Julv  1,  18:{t). 


Michigan— 1836  1927 

boundary-line  of  the  State  of  Oliio  shall  he  established  at,  and  shall 
be  a  direct  line  drawn  from  the  southern  exti-eniity  of  Lake  ^liclii- 
gan  to  the  most  northerly  cape  of  the  Maumee  (Aliami)  Bay,  aftei' 
that  line,  so  di'awn,  shall  intersect  the  eastern  boundary-line  of  the 
State  of  Indiana  ;  and  from  the  said  north  cape  of  the  said  bay,  north- 
east to  the  boundary-line  between  the  United  States  and  the  province 
of  Upper  Canada,  in  Lake  Erie;  and  thence  with  the  said  last -men- 
tioned line,  to  its  intersection  with  the  western  line  of  the  State  of 
Pennsylvania. 

Sec.  2.  And  be  it  further  enacted^  That  the  constitution  antl  State 
government  which  the  people  of  Michigan  have  formed  for  them- 
selves be,  and  the  same  is  hereby,  accepted,  ratified,  and  confirmed; 
and  that  the  said  State  of  Michigan  shall  be,  and  is  hereby,  declared 
to  be  one  of  the  I'nited  States  of  America,  and  is  hereby  admitted 
into  the  Laiion  upon  an  equal  footing  with  the  original  States,  in  all 
respects  whatsoever:  Provided  always^  and  this  admission  is  upon  the 
express  condition.  That  the  said  State  shall  consist  of  and  have  juris- 
diction over  all  the  territory  included  wdthin  the  following  bounda- 
ries, and  over  none  other,  to  wit :  Beginning  at  the  point  where  the 
above-descril)ed  northern  boundary  of  the  State  of  Ohio  intersects 
the  eastern  Iwundary  of  the  State  of  Indiana,  and  running  thence 
with  the  said  boundary-line  of  Ohio,  as  described  in  the  first  section 
of  this  act,  until  it  intersects  the  boundary-line  between  the  United 
States  and  Canada,  in  Lake  Erie;  thence  with  the  said  boundary-line 
between  the  United  States  and  Canada,  through  the  Detroit  River, 
Lake  Huron,  and  Lake  Superior,  to  a  point  where  the  said  line  last 
touches  Lake  Superior;  thence,  in  a  direct  line  through  Lake  Supe- 
rior, to  the  mouth  of  the  ^Montreal  Kiver;  thence,  through  the  middle 
of  the  nuun  channel  of  the  said  river  ^Montreal,  (o  the  middle  of  the 
Lake  of  the  Desert ;  thence,  in  a  direct  line,  to  the  nearest  headwater  of 
the  Menomonee  Kiver;  thence,  through  the  middle  of  that  fork  of  the 
said  river  first  touched  by  the  said  line,  to  the  main  channel  of  the 
said  Menomonee  Eiver;  thence,  down  the  centre  of  the  main  chamiel 
of  the  same,  to  the  centre  of  the  most  usual  ship-channel  of  the  (ireen 
Bay  of  Lake  ]Michigaji;  thence,  through  the  centre  of  the  most  usual 
shij)-chaniiel  of  the  said  bay,  to  the  middle  of  Lake  Michigan;  thence, 
through  the  middle  of  Lake  ^Michigan,  to  the  northern  boundary  of 
the  State  of  Indiana,  as  that  line  was  established  by  the  act  of  Con- 
gress of  the  nineteenth  of  April,  eighteen  hundi'ed  and  sixteen  ;  thence 
due  east  with  the  noi'th  l)oundarv-line  of  the  said  State  of  Indiana 
to  the  northeast  corner  thereof;  and  thence  south,  with  the  east 
boundary-line  of  Indiana,  to  the  place  of  beginning. 

Sec.  3,  And  he  it  further  enacted^  That  as  a  compliance  with  the 
fundamental  condition  of  admission  contained  in  the  last  preceding 
section  of  this  act,  the  boundai'ies  of  the  said  State  of  Michigan,  as 
in  that  section  described,  declai-ed.  and  estal)lished,  shall  receive  the 
assent  of  a  conA'ention  of  delegates  elected  by  the  people  of  said  State 
for  the  sole  pur})ose  of  giving  the  assent  lierein  re(|uii'ed;  and,  as  soon 
as  the  assent  herein  re<iuired  shall  be  given,  the  President  of  the  United 
States  shall  announce  the  same  by  proclamation;  and,  thereuixm,  and 
without  any  further  proceeding  on  the  i^art  of  Congress,  the  admis- 
sion of  the  said  State  into  the  Union,  as  one  of  the  United  States  of 
America,  on  an  equal  footing  with  the  original  States  in  all  respects 
whatever,  shall  be  considei'ed  as  comj^lete.  and  tlui  Senators  and  Kep- 


1928  Michigan— 1836 

resentatives  who  have  been  elected  by  the  said  State  as  its  representa- 
tives in  the  Cono-ress  of  the  United  States  shall  be  entitled  to  take 
their  seats  in  the  vSenate  and  House  of  Representatives,  respectively, 
without  further  delay. 

Sec  4.  And  he  it  further  enacted^  That  nothing  in  this  act  con- 
tained, or  in  the  admission  of  the  said  State  into  the  Union  as  one  of 
the  TTnited  States  of  America,  upon  an  equal  footing  with  the  orig- 
inal States  in  all  respects  whatever,  shall  be  so  construed  or  under- 
stood as  to  confer  upon  the  people,  legislature,  or  other  authorities 
of  the  said  State  of  jNIichigan  any  authority  or  right  to  interfeiv  with 
the  sale  by  the  United  States,  and  under  their  authority,  of  the  vacant 
and  unsold  lands  within  the  limits  of  the  said  State;  but  that  the  sub- 
ject of  the  public  lands,  and  the  interests  which  may  be  given  to  the 
said  State  therein,  shall  be  regulated  by  future  action  between  Con- 
gress, on  the  part  of  the  United  States,  and  the  said  State,  or  the 
authorities  thereof.  And  the  said  State  of  Michigan  shall  in  no  case, 
and  under  no  pretence  whatsoever,  impose  any  tax,  assessment,  or 
imposition  of  any  description  upon  any  of  the  lands  of  the  ITnited 
States  within  its  limits. 

Approved,  June  15,  1830. 


SUPPLEMENTARY  ACT  FOR  THE  ADMISSION  OF  MICHIGAN— 1836 

An  Act  supplementary  to  the  act  entitled  "An  act  to  establish  the  northern 
bonndary  line  of  the  State  of  Ohio,  and  to  i)rovide  for  the  admission  of  the 
State  of  Michigan  into  the  Union  on  certain  conditions." 

Be  it  enacted  hy  the  Senate  and  House  of  Re-pre&entatives  of  the 
United  States  of  America  in  Congress  assembled^  That  in  lieu  of  the 
propositions  submitted  to  the  Congress  of  the  United  States  by  an 
ordinance  passed  by  the  convention  of  delegates  at  Detroit,  assem- 
bled for  the  purpose  of  making  a  constitution  for  the  State  of  Mich- 
igan, which  are  hereby  rejected ;  and  that  the  following  propositions 
be,  and  the  same  are  hereby  offered  to  the  Legislature  of  the  State 
of  Michigan,  for  their  acceptance  or  rejection,  which  if  accepted, 
under  the  authority  conferred  on  the  said  Legislature  by  the  Conven- 
tion which  framed  the  constitution  of  the  said  State,  shall  be  oblig- 
atory 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- 
posed of,  other  lands  equivalent  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  May,  eighteen  iiiuidred  and  twenty- 
six,  entitled  "An  act  conceming  a  seminary  of  learning  in  the 
Territory  of  Michigan,''  are  hereby  granted  and  conveyed  to  the 
State,  io"  be  appropriated  solely  to  the  use  and  support  of  such  uni- 
versity, in  such  manner  as  the  Legislature  may  prescribe:  And  pro- 
vided also.  That  nothing  herein  contained  shall  be  so  construed  as 
to  impair  or  atfect  in  any  way  the  rights  of  any  person  or  j^ersons 
claiming  any  of  said  seventy-two  sections  of  lands,  under  contract 
or  crant  from  said  university. 


Michigan— 1837  1929 

Third.  That  five  entire  sections  of  land,  to  be  selected  and  located 
under  the  direction  of  the  Legislature,  in  legal  divisions  of  not  less 
than  one  quarter  section,  from  any  of  the  unappropriated  lands 
belonging  to  the  United  States  within  the  said  State,  are  hereby 
granted  to  the  State  for  the  l)urpo^e  of  conij^leting  the  ])ublic  build- 
ings of  the  said  State,  or  for  the  erection  of  jjublic  Ijuildings  at  the 
seat  of  (lovernnient  of  the  said  State,  as  the  Legislature  may  deter- 
mine and  direct. 

Foufth.  That  all  salt  springs  within  the  State,  not  exceeding 
twelve  in  number,  with  six  sections  of  land  adjoining,  or  as  con- 
tiguous as  may  be  to  each,  shall  be  granted  to  the  said  State  for 
its  use,  the  same  to  be  selected  by  the  Legislature  thereof,  on  or 
before  the  first  of  January,  eighteen  hundred  and  forty:  and  the 
same,  when  so  selected,  to  be  used  on  such  terms,  conditions,  and 
i-egulations,  as  the  Legislature  of  the  said  State  shall  direct:  Pro- 
ridcd.  That  no  salt  spring,  the  right  whereof  is  now  vested  in  any 
indivitlual  or  individuals,  or  which  may  hereafter  be  confirmed  or 
adjudged  to  any  individual  or  individuals,  shall,  by  this  section,  be 
granted  to  said  State:  And  j^rovided^  also,  That  the  General  Assem- 
bly shall  never  sell  or  lease  the  same,  at  any  one  time,  foi-  a  longer 
}xn-iod  than  ten  years,  without  the  consent  of  Congress. 

F'lfih.  That  five  per  cent,  of  the  net-  proceeds  of  the  sales  of  all 
])ublic  lands  lying  within  the  said  State,  which  have  been  or  shall 
be  sold  by  Congress,  from  and  after  the  first  day  of  Jidy.  eighteen 
Inmdred  and  thirty-six,  after  deducting  all  the  expenses  incident 
to  the  same,  shall  be  appropriated,  for  making  public  roads,  and 
canals  within  the  said  State,  as  the  Legislature  may  direct :  Provided, 
That  the  five  foregoing  j^ropositions  herein  offered,  are  on  the  con- 
dition that  the  Legislature  of  the  said  State,  by  virtiu'  of  the  powers 
conferred  upon  it  by  the  convention  which  framed  the  constitution 
of  the  said  State,  shall  provide,  by  an  ordinance  irrevocable  without 
the  consent  of  the  United  States,  that  the  said  State  shall  never 
interfere  with  the  ])rimary  disposal  of  the  soil  within  the  same  by 
the  United  States,  nor  Mith  any  regidations  Congress  may  find  neces- 
sary for  securing  the  title  in  such  soil  to  the  hona  fde  purchasers 
thereof;  and  that  no  tax  shall  be  imposed  on  lands  the  propertv  of 
the  United  States;  (a)  and  that  in  no  case  shall  non-resident  pro- 
prietors be  taxed  higher  than  residents;  and  that  the  bounty  lands 
granted,  or  hereafter  to  be  granted,  for  military  services  dm-ing  the 
late  war,  shall,  Avhilst  they  continue  to  be  held  by  the  ])atentees  or 
their  heii's,  renuiin  exempt  from  any  tax  laid  by  oi-der  or  uiuler  the 
authority  of  the  State,  whether  for  State,  county,  townshij).  oi-  any 
other  i)urpose,  for  the  term  of  three  yeai-s  froui  and  after  the  ^\;\\y^ 
of  the  patents  respectively. 

Ap})roved,  June  lio,  1SV)(;. 

ACT  FOR  THE  ADMISSION  OF  MICHIGAN— 1837 

rrWKNTY-KOUKTlI    CONOKKSS,    SkcOND    Sk.SSION  | 

All  Act  1(»  Mdiiiit   (lie  state  of  Micliijran  into  tlie  Union  upon   an   yH\\\:\\  footlnv' 

wifli  tlic  original  States 

Whereas,  in  pursuance  of  the  act  of  Congress  of  June  the  fifteenth, 
eighteen  hundred  and  thirty-six.  entitled' -An  act  to  establish  the 
northern    boundary   of   the   State   of   Ohio,   and    to    pi-ovide    for   the 


1930  Michigan— 18SS 

admission  of  the  State  of  Michigan  into  the  Union,  upon  the  condi- 
tions therein  expressed,'*  a  convention  of  delegates,  elected  by  the 
people  of  the  said  State  of  Michigan,  for  the  sole  purpose  of  giving 
their  assent  to  the  boundaries  of  the  said  State  of  Michigan,  as  de- 
scribed, declared,  and  established  in  and  by  the  said  act,  did,  on  the 
fifteenth  of  December,  eighteen  hundred  and  thirty-six,  assent  to  the 
provisions  of  the  said  act :  Therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assemhled,  That  the  State  of 
Michigan  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. 

Sec.  2.  And  he  it  further  enacted^  That  the  Secretary  of  the  Treas- 
ury, in  carrying  into  effect  the  thirteenth  and  fourteenth  sections 
of  the  act  of  the  twenty-third  of  June,  eighteen  hundred  and  thirty- 
six,  entitled  "An  act  to  regulate  the  deposits  of  the  public  money," 
shall  consider  the  State  of  ^Michigan  as  being  one  of  the  United 
States. 

Approved.  January  'li^,  183T. 


CONSTITUTION  OF  MICHIGAN— 1835  *  " 

In  convention,  begun  at  the  city  of  Detroit,  on  the  second  Monday 
of  May,  in  the  year  one  thousand  eight  hundred  and  thirty-five : 

We.  the  people  of  the  Territory  of  Michigan,  as  established  by  the 
act  of  Congress  of  the  eleventh  of  January,  eighteen  hundred  and 
five,  in  conformity  to  the  fifth  article  of  the  ordinance  providing  for 
the  government  of  the  territory  of  the  United  States  northwest  of  the 
river  Ohio,  believing  that  the  time  has  arrived  when  our  present 
political  condition  ought  to  cease,  and  the  right  of  self-government 
be  asserted;  and  availing  ourselves  of  that  provision  of  the  aforesaid 
ordinance  of  the  Congress  of  the  United  States  of  the  thirteenth  day 
of  July,  one  theusand  seven  hundred  and  eighty-seven,  and  the  acts 
of  Congress  passed  in  accordance  therewith,  Avhich  entitled  us  to  ad- 
mission into  the  Union,  upon  a  condition  which  has  been  fulfilled,  do, 
by  our  delegates  in  convention  assembled,  mutually  agree  to  form  our- 
selves into  a  free  and  independent  State,  by  the  style  and  title  of 
"  The  State  of  Michigan,"  and  do  ordain  and  establish  the  following 
constitution  foi-  the  government  of  the  same : 

Articlk  1 

Section  1.  All  political  power  is  inherent  in  the  people. 

Sec.  2.  Government  is  instituted  for  the  protection,  security,  and 
benefit  of  the  people;  and  they  have  the  right  at  all  times  to  alter  or 
reform  the  same,  and  to  abolish  one  form  of  government  and  estab- 
lish another,  whenever  the  public  good  requires  it. 

*  Verified  l),v  text  in  pp.  xi-xxii.  of  "  Report  of  the  Proceedings  and  Debates" 
in  Constitutional  Convention  of  1850 :  see  note  to  Constitution  of  1850. 

a  This  constitution  was  framed  by  a  convention  called  by  the  territorial  legis- 
lative council,  which  met  at  Detroit  May  11,  18:>5.  and  completed  its  labors 
.June  20,  18:i5.  It  was  submitted  to  the  people  and  ratified  November  2.  18.S5. 
Tresident  .Tackson  laid  it  l)efore  Congress  in  a  special  message.  December  9. 
is: ',5. 


Michigan— 1835  1981 

Sec.  3.  Xo  man  or  set  of  nion  are  entitled  to  exclusive  or  separate 
privileges. 

Sec.  4.  Every  person  has  a  right  to  Avorship  Almighty  (iod  accord- 
ing to  the  dictates  of  his  own  conscience:  and  no  person  can  of  right 
be  compelled  to  attend,  erect,  or  support,  against  his  Avill,  any  place 
of  religious  worship,  or  pay  any  tithes,  taxes,  or  other  rates  for  the 
support  of  any  minister  of  the  gospel  or  teacher  of  religion. 

Sec.  5,  Xo  money  shall  be  drawn  from  the  treasury  for  the  benelit 
of  religious  socities,  or  theological  or  religious  seminaries. 

Sec.  C).  The  civil  and  political  rights,  privileges,  and  capacities  of 
no  individual  shall  l)e  diminished  or  enlarged  on  account  of  his  opin- 
ions or  belief  concerning  matters  of  religion. 

Sec.  7.  Every  person  may  freely  speak,  write,  and  ])ublish  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  prosecutions  or  indictments  for 
libels,  the  truth  may  be  given  in  evidence  to  the  jury;  and  if  it  shall 
appear  to  the  jury  that  the  matter  charged  as  libellous  is  true,  and 
was  published  with  good  motives  and  for  justifiable  ends,  the  party 
shall  be  acquitted;  and  the  jury  shall  have  the  right  to  determine  the 
law  and  the  fact. 

Sec.  8.  The  person,  houses,  papers,  and  possessions  of  every  in- 
dividual shall  be  secure  from  unreasonable  searches  and  seizures;  and 
no  warrant  to  search  any  place,  or  to  seize  any  person  or  things,  shall 
issue  without  describing  them,  nor  Avithout  probable  cause,  supported 
by  oath  or  affirmation. 

Sec.  9.  The  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  10.  In  all  criminal  prosecutions,  the  accused  shall  have  the 
light  to  a  speedy  and  pul)lic  trial  by  an  impartial  jury  of  the  vici- 
nage; to  be  confronted  with  the  witnesses  against  him;  to  have  com- 
))ulsory  process  for  obtaining  witnesses  in  his  favor;  to  have  the 
assistance  of  counsel  for  his  defence :  and  in  all  civil  cases,  in  which 
personal  liberty  may  be  involved,  the  trial  by  jury  shall  not  be 
I'efused. 

Sec.  11.  Xo  person  shall  be  held  to  answer  for  a  criminal  oU'ence, 
unless  on  the  presentment  or  indictment  of  a  grand  jury,  excei)t  in 
cases  of  impeachment,  or  in  cases  cognizable  by  justices  of  the  ])eace, 
or  arising  in  the  army  or  militia  when  in  actual  service  in  time  of 
war  or  public  danger. 

Sec.  12.  Xo  person  for  the  same  offence  shall  be  twice  put  in 
jeopardy  of  punishment;  all  persons  shall,  before  conviction,  be  bail- 
able by  sufficient  sureties,  except  for  capital  offences,  when  the  proof 
is  evident  or  the  presumjition  great;  and  the  privilege  of  the  writ  of 
Jidlx'd.s  corpus  shall  not  be  suspended,  uidess  when,  in  case  of  rebellion 
or  invasion,  the  public  safety  may  i'e(|uire  it. 

Sec.  13.  Every  person  has  a  right  to  bear  ai-ius  Un-  the  defence  of 
himself  and  the  State. 

Sec.  14.  The  military  shall,  in  all  cases  and  at  all  times,  be  in  strict 
subordination  to  the  civil  power. 

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,  but  in  a 
numner  prescribed  by  law. 

Sec.  IC).  Treason  against  the  State  shall  consist  oidy  in  levying  war 
against  it.  or  in  adhering  to  its  enemies,  giving  them  aid  and  c-omfoi't ; 


1932  Michigan— 1835 

no  i:)erson  shall  bo  convicted  of  treason,  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  on  confession  in  open  court. 

Sec.  17.  No  hill  of  attainder,  c,/;  pos-f  facto  law,  or  law  imjiairinii; 
the  oblit^ation  of  contracts,  shall  l)e  passcnl. 

Sec.  is.  P^xcessive  bail  shall  not  be  recjuircd;  excessive  fines  shall 
not.  be  imposed:  and  cruel  and  unjust  |)uiiishments  shall  not  be 
inflicted. 

Sec.  10.  The  })roperty  of  no  person  shall  be  taken  foi-  ])iiblic  use. 
without  just  compensation  therefor. 

Sec.  '20.  The  ])eo])le  shall  have  the  rioht  freely  to  assemble  too-ether 
to  considt  for  the  connnon  o'ood.  to  instruct  their  representatives,  and 
to  petition  the  leo-islature  i(w  redress  of  <irievances. 

Sec.  21.  ^Vll  acts  of  the  legislature,  contrary  to  this  oi-  any  other 
article  of  this  constitution,  shall  be  void. 

ArTK  LE    TT 
ELECTORS 

Section  1.  In  all  elections,  every  white  male  citizen  above  the  age 
of  twenty-one  years,  having  resided  in  the  State  six  months  next  pre- 
ceding any  election,  shall  be  entitled  to  vote  at  such  election ;  and 
every  Avhite  male  inhabitant  of  the  age  aforesaid,  who  may  be  a  resi- 
dent of  the  State  at  the  time  of  the  signing  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,  county,  or  town- 
ship in  which  he  shall  actually  reside  at  the  time  of  such  election. 

Sec.  2.  All  votes  shall  be  given  by  ballot,  except  for  such  township 
officers  as  may,  by  law,  be  directed  to  be  otherwise  chosen. 

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  military  duty  on  tin'  days 
of  election,  except  in  time  of  war  or  public  danger. 

Sec.  5.  No  person  shall  be  deemed  to  have  lost  his  residence  iu  this 
State  by  reason  of  his  absence  on  business  of  the  ITnited  States,  or  of 
this  State. 

Sec.  6.  No  soldier,  seaman,  or  marine,  in  the  Army  or  Navy  of  th(> 
United  States,  shall  be  deemed  a  resident  of  this  State  in  coiise- 
quence  of  being  stationed  in  any  military  or  naval  place  within  the 
same. 

Article  III 

DIVISION    OF    THE    TOWERS    OF    COVERNMENT 

The  powers  of  the  government  shall  be  divided  into  three  distinct 
departments:  the  legislative,  the  executive,  and  the  judicial:  and  one 
department  shall  never  exercise  the  powers  of  another,  except  in  such 
eases  as  are  expressly  provided  for  in  this  constitution. 


Michigan— 1S3S  1933 

Article  TV 

LEGISLATIVE    DKPARTMENT 

Section  1.  The  legislative  ])<)W('r  shall  he  vested  in  a  senate  and 
house  of  representatives. 

Sec.  2.  The  number  of  the  members  of  the  house  of  representatives 
shall  never  be  less  than  forty-eight,  nor  more  than  one  hundred;  and 
the  senate  shall,  at  all  times,  equal  in  number  one-third  of  the  house 
of  representatives,  as  nearly  as  may  be. 

Sec.  8.  The  legislature  shall  ])rovide  l)y  law  for  an  enumeration  of 
the  inhabitants  of  this  State  in  the  years  eighteen  hundred  and  thirty- 
seven  and  eighteen  hundred  and  forty-five,  and  every  ten  years  after 
the  said  last-mentioned  time;  and  at  their  first  session  after  eaeh 
enumeration  so  made  as  aforesaid,  and  also  after  each  enumeration 
made  b}'  the  authority  of  the  United  States,  the  legislature  shall 
apportion  anew  the  representatives  and  senator.^  among  the  several 
counties  and  districts,  according  to  the  number  of  white  inhabitants. 

Sec.  4.  The  representatives  shall  ba  chosen  annually  on  the  first 
Monday  of  November,  and  on  the  following  day,  by  the  electors  of 
the  several  comities  or  districts  into  which  the  State  shall  b;'  divided 
for  that  i)urp()se.  Each  organized  county  shall  be  entitled  to  at  least 
one  re})resentative;  but  lU)  county  hereafter  organized  shall  be  entitled 
to  a  separate  representative,  until  it  shall  have  attained  a  pojiulation 
equal  to  the  ratio  of  representation  hereafter  established. 

Sec.  5.  The  senators  shall  be  chosen  for  two  years,  at  the  same  time 
and  in  the  same  nuinner  as  the  representatives  are  required  to  be 
chosen.  At  the  first  session  of  the  legislature  under  this  constitution, 
they  shall  be  divided  l)y  lot  fypni  their  respoctive  districts,  as  nearly 
as  nuiy  be,  into  two  equal  classes;  the  seats  of  the  senators  of  the  first 
class  shall  be  vacated  at  the  expiration  of  the  first  year,  and  of  the 
second  class  at  the  expiration  of  the  second  year;  so  that  one-half 
thereof,  as  nearly  as  may  be,  shall  be  chosen  annually  thereafter. 

Sec  ().  The  State  shall  be  divided,  at  each  new  apportionment,  into 
a  number  of  not  less  than  four,  nor  more  than  eight,  senatorial  dis- 
tricts, to  be  always  composed  of  contiguous  territory;  so  that  each 
district  shall  elect  an  e(|ual  number  of  senators  annnaily.  as  nearly  as 
may  be;  and  no  county  shall  be  divided  in  the  formation  of  such 
districts. 

Sec  7.  Senators  and  representatives  shall  be  citizens  of  the  United 
States,  and  be  (|ualihed  electors  in  the  resj^ective  counties  and  disti'icts 
which  they  represent;  and  a  removal  from  their  respective  counties 
or  districts  shall  be  deemel  a  vacation  of  their  seats. 

Sec  8.  No  person  holding  any  office  under  the  United  States,  or  of 
this  State,  officers  of  the  militia,  justices  of  the  j^eace.  associate  judges 
of  the  circuit  and  county  courts,  and  postmasters  excei)ted.  shall  be 
eligible  to  either  house  of  the  legislature. 

Sec.  9.  Senators  and  representatives  shall,  in  all  cases  except  trea- 
son, felony,  or  breach  of  the  ])eace,  be  ])rivileged  from  arrest,  nor 
shall  they  be  subject  to  any  civil  process,  during  the  session  of  the 
legislature,  nor  for  fifteen  days  next  before  the  commencement  and 
after  the  termination  of  each  session. 

Sec  10.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
busHiOss;  but  a  smaller  nunibci-  niav  adjourn  fi-om  day  to  day.  and 


1034  Michigan— ISSry 

may  compel  the  attendance  of  absent  members,  in  sucli  manner  and 
under  such  penalties  as  each  house  may  provide.  Each  house  shall 
choose  its  own  officers. 

Sec.  11.  Each  house  shall  determine  the  rules  of  its  proceedings, 
and  judge  of  the  qualifications,  elections,  and  returns  of  its  own  mem- 
bers; and  may,  with  the  concurrence  of  two-thirds  of  all  the  members 
elected,  expel  a  member;  but  no  member  shall  be  expelled  a  second 
time  for  the  same  cause,  nor  for  any  cause  known  to  his  constituents 
antecedent  to  his  election. 

Sec.  12.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
publish  the  same,  except  such  parts  as  may  require  secrecy ;  and  the 
yeas  and  nays  of  the  members  of  either  house,  on  any  question,  shall, 
at  the  request  of  one-fifth  of  the  members  present,  be  entered  on  the 
journal.  Any  member  of  either  house  shall  have  liberty  to  dissent 
from  and  protest  against  any  act  or  resolution  which  lie  may  think 
injurious  to  the  public  or  an  individual,  and  have  the  reasons  of  his 
dissent  entered  on  the  journal. 

Sec.  13.  In  all  elections  by  either  or  both  houses,  the  votes  shall  be 
given  vhia  voce;  and  all  votes  on  nominations  made  to  the  senate 
shall  be  taken  by  yeas  and  nays,  and  published  with  the  journals  of 
its  proceedings. 

Sec.  14.  T4ie  doors  of  each  house  shall  be  open,  except  Avhen  the 
public  welfare  shall  require  secrecy ;  neither  house  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  where  the  legislature  may  then  be  in  session. 

Sec.  15.  Any  bill  may  originate  in  either  house  of  the  legislature. 

Sec.  16.  Every  bill  passed  by  the  legislature  shall,  before  it  becon|es 
a  law,  be  presented  to  the  governor;  if  he  aj^prove,  he  shall  sign  it; 
but  if  not,  he  shall  return  it  with  his  objections  to  that  house  in  which 
it  originated,  Avho  shall  enter  the  objections  at  large  upon  their 
journal,  and  proceed  to  reconsider  it.  If,  after  such  reconsideration, 
tAvo-thirds  of  all  the  members  present  agree  to  pass  the  bill,  it  shall 
be  sent,  with  the  objections,  to  the  other  house,  by  Avhom  it  shall  like- 
wise be  reconsidered ;  and  if  approved  also  by  two-thirds  of  all  the 
members  present  in  that  house,  it  shall  become  a  law;  but  in  such 
cases,  the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  members  voting  for  or  against  the  bill  shall  be 
entered  on  the  journals  of  each  house  respectively.  And  if  any  bill 
be  not  returned  by  the  governor  within  ten  days,  Sundays  excepted, 
after  it  has  been  presented  to  him,  the  same  shall  become  a  law,  in 
like  manner  as  if  he  had  signed,  it,  unless  the  legislature,  by  their 
adjournment,  prevent  its  return,  in  Avhich  case  it  shall  not  become  a 
law. 

Sec.  17.  E^^ery  resolution  to  which  the  concurrence  of  the  senate 
and  house  of  representatives  may  be  necessary,  except  in  cases  of  ad- 
journment, shall  be  presented  to  the  governor,  and,  before  the  same 
shall  take  effect,  shall  be  proceeded  upon  in  the  same  manner  as  in 
the  case  of  a  bill. 

Sec.  18.  The  members  of  the  legislature  shall  receive  for  their 
services  a  compensation  to  be  ascertained  by  law,  and  paid  out  of  the 
public  treasury ;  but  no  increase  of  the  compensation  shall  take  effect 
during  the  term  for  Avhich  the  members  of  either  house  shall  have 
been  elected ;  and  such  compensation  shall  never  exceed  three  dollars 
a  day. 


Michigan— 18S5  1935 

Sec.  19.  No  member  of  the  legislature  shall  receiv(;  any  civil  ap- 
pointment from  the  governor  and  senate,  or  from  the  legislature, 
during  the  term  for  which  he  is  elected. 

Sec.  20.  The  governor  shall  issue  writs  of  election  to  fill  such 
vacancies  as  may  occur  in  the  senate  and  house  of  representatives. 

Sec.  21.  The  legislature  shall  meet  on  the  first  iSIonday  in  January 
in  every  year,  and  at  no  other  period,  unless  otherwise  directed  l)y 
law,  or  provided  for  in  this  constitution. 

Sec.  22.  The  style  of  the  laws  of  this  State  shall  be,  '^  Be  it  en- 
acted hy  the  senate  and  house  of  representatives  of  the  State  of 
Michigan.'''' 

•     Article  V 
executive  department 

Section  1,  The  supreme  executive  power  shall  be  vested  in  a  gov- 
ernor, who  shall  hold  his  office  for  two  years;  and  a  lieutenant- 
governor  shall  be  chosen  at  the  same  time  and  for  the  same  term. 

Sec.  2.  No  person  shall  be  eligible  to  the  office  of  governor  or 
lieutenant-governor,  Avho  shall  not  have  been  five  years  a  citizen  of  the 
ITnited  States,  and  a  resident  of  this  State  two  years  next  preceding 
the  election. 

Sec.  3.  The  governor  and  lieutenant-governor  shall  be  elected  i)y 
the  electors  at  the  times  and  i)laces  of  choosing  members  of  th(>  legis- 
lature. The  persons  having  the  highest  mnnber  of  votes  for  governor 
and  lieutenant-governor  shall  l)e  elected;  but  in  case  two  or  more  have 
an  e({ual  and  the  highest  numl)er  of  votes  for  governor  or  lieutenant- 
governor,  the  legislature  shall,  by  joint  vote,  choose  one  of  the  said 
persons,  so  having  an  e^jual  and  the  highest  number  of  votes,  for 
governor  or  lieutenant-governor. 

Sec.  4.  The  returns  of  every  election  for  governor  and  lieutenant- 
governor  shall  be  sealed  up  and  transmitted  to  the  seat  of  govern- 
ment, by  the  returning-officers,  directed  to  the  president  of  the  senate, 
who  shall  open  and  publish  them  in  the  presence  of  the  members  of 
Ijoth  houses. 

Sec.  5.  The  governor  shall  be  commander-in-chief  of  the  militia, 
and  of  the  army  and  navy  of  this  State. 

Sec.  6.  He  shall  transact  all  executive  business  with  the  officers  of 
government,  civil  and  military;  and  may  require  information,  in 
writing,  from  the  officers  in  the  executive  department,  upon  any  sub- 
ject relating  to  the  duties  of  their  respective  offices. 

Sec.  7.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  8.  He  shall  have  power  to  convene  the  legislatuiv  on  extraor- 
dinary occasions.  He  shall  connnunicate.  by  message,  to  the  legisla- 
ture, at  every  session,  the  condition  of  the  State,  and  reconnnent  such 
matters  to  them  as  he  shall  deem  expedient. 

Sec.  9.  He  shall  have  power  to  adjourn  the  legislature  to  such  time 
as  he  may  think  proper,  in  case  of  a  disagreement  between  the  two 
houses  with  respect  to  the  time  of  adjournment,  but  not  to  a  period 
beyond  the  next  annual  meeting. 

Sec.  10,  He  may  direct  the  legislature  to  meet  at  some  other  place 
than  the  seat  of  government,  if  that  shall  become,  after  its  adjourn- 
Uient,  dangerous  from  a  common  enemy  or  a  contagious  disease. 


1936  Michigan — 183S 

Sec.  U.  He  shall  have  poAver  to  grant  reprieves  and  i)ardons  afrer 
conviction,  except  in  cases  of  impeachment. 

Sec.  12.  AVhen  anv  office,  the  appointment  to  which  is  vested  in  the 
governor  and  senate,  or  in  the  legislature,  becomes  vacant  during  the 
recess  of  the  legislature,  the  governor  shall  have  power  to  lill  such 
vacancy  by  granting  a  commission,  which  shall  expire  at  the  end  of 
the  succeeding  session  of  the  legislature. 

Sec.  13.  In  case  of  the  impeachment  of  the  governor,  his  removal 
from  office,  death,  resignation,  or  absence  from  the  State,  the  powers 
and  duties  of  the  office  shall  devolve  upon  the  lieutenant-governor 
until  such  disability  shall  cease,  or  the  vacancy  l)e  filled. 

Sec.  14.  If,  during  the  vacancy  of  the  office  of  governor,  the  lieu- 
tenant-governor shall  be  impeached,  displaced,  resign,  die,  or  b?  ab  ent 
from  the  State,  the  president  of  the  senate  />/(>  tempore  shall  act  as 
governor  until  the  vacancy  be  filled. 

Sec.  15.  The  lieutenant-governor  shall,  by  virtue  of  his  office,  be 
l)resident  of  the  senate;  in  committee  of  the  whole,  he  nuiy  debate  on 
all  questions;  and.  when  there  is  an  equal  division,  he  shall  give  the 
casting  A'ote. 

Sec.  If).  No  member  of  Congress,  nor  any  other  person  holding 
office  under  the  United  States,  or  this  State,  shall  execute  (he  office  of 
governor. 

Sec.  17.  AVhenever  the  office  of  governor  or  lieutenant-governor 
becomes  vacant,  the  jDerson  exercising  the  powers  of  go^■ernor  for  the 
time  being  shall  give  notice  thereof,  and  the  electors  shall,  at  the 
next  succeeding  annual  election  for  members  of  the  legislature,  choose 
a  person  to  fill  such  vacancy. 

Sec.  18.  The  governor  shall,  at  stated  times,  receive  for  his  services 
a  compensation,  which  shall  neither  be  increased  nor  diminished 
during  tl;e  term  for  which  he  has  been  elected. 

Sec.  19.  The  lieutenant-governor,  except  when  acting  as  govei'uor. 
and  the  president  of  the  senate  />/'c»  tempore^  shall  each  receive  the 
same  compensation  as  shall  be  allowed  to  the  speaker  of  the  house  of 
representatives. 

Sec.  20.  A  great  seal  for  the  State  shall  be  provided  by  the  gov- 
ernor, which  shall  contain  the  device  and  inscriptions  represented 
and  described  in  the  papers  relating  thereto,  signed  bv  the  jiresident 
of  the  convention,  and  deposited  in  the  office  of  the  secretary  of  the 
territory.  It  shall  be  kept  by  the  secretarv  of  state;  and  all  official 
acts  of  the  governor,  his  approbation  of  the  laws  excepted,  shall  be 
thereby  authenticated. 

Sec.  21.  All  grants  and  commissions  shall  l)e  in  the  name  and  bv 
the  authority  of  the  people  of  the  State  of  Michigan. 

Article  VI 

judicial  departm knt 

Section  1.  The  judicial  power  shall  be  vested  in  one  stiiuvme 
court,  and  in  such  other  courts  as  the  legislature  mav  f.-om  time  to 
time  establish. 

Sec.  2.  The  judges  of  the  supreme  court  shall  hold  their  offices  for 
the  term  of  seven  years;  they  shall  be  nominated  and.  bv  and  with 
the-advice  and  consent  of  the   senate,   appointed   by   the  governor: 


Michigan— 1835  1937 

Thev  shall  receive  an  acle(iuate  compensation,  which  shall  not  be 
diminished  during  their  continuance  in  office.  But  they  shall  re- 
ceive no  fees  nor  jjerquisites  of  office,  nor  hold  any  other  office  or 
profit  or  trust  under  the  authoritv  of  this  State,  or  of  the  United 
States. 

Sec.  3.  A  court  of  j^rohate  shall  be  established  in  each  of  the 
organized  counties. 

Sec.  4.  Judges  of  all  county  courts,  associate  judges  of  circuit 
courts,  and  judges  of  probate  shall  be  elected  by  the  qualified  elec- 
tors of  the  county  in  Avhich  they  reside,  and  shall  hold  their  offices 
for  four  years. 

Sec.  5.  The  supreme  court  shall  appoint  their  clerk  or  clerks;  and 
the  electors  of  each  county  shall  elect  a  clerk,  to  be  denominated  a 
county  clerk,  who  shall  hold  his  office  for  the  term  of  two  years,  and 
shall  ])erform  the  duties  of  clerk  to  all  the  courts  of  record  to  be  held 
in  each  county,  except  the  supreme  court  and  court  of  probate. 

Skc.  C).  Each  township  may  elect  four  justices  of  the  peace,  who 
shall  hold  their  offices  tor  four  years;  and  whose  powers  and  duties 
shall  be  defined  and  regulated  by  law.  At  their  first  election  they 
shall  be  classed  and  divided  by  lot  into  numbers  one,  tAvo.  three, 
and  four,  to  be  determined  in  such  manner  as  shall  be  prescribed  by 
law,  so  that  one  justice  shall  be  annually  elected  in  each  township 
thereafter.  A  removal  of  any  justice  from  the  township  in  which 
he  was  elected  shall  vacate  his  office.  In  all  incorporated  towns,  or 
cities,  it  shall  be  competent  for  the  legislature  to  increase  the  number 
of  justices. 

Sec.  7.  The  style  of  all  ])rocess  shall  be,  *•  In  the  name  of  the  people 
of  the  State  of  Michigan:"  and  all  indictments  shall  conclude, 
"Against  the  peace  and  dignity  of  the  same." 

Article  VII 

CERTAIN    STATE    AND    COVXTV    OFFICERS 

Section  1.  Tliere  shall  be  a  si'cretarv  of  state,  who  shall  hold  his 
office  for  two  years,  and  Avho  shall  be  appointed  by  the  governor,  by 
and  with  the  advice  and  consent  of  the  senate.  He  shall  keep  a 
fair  record  of  the  official  acts  of  the  legislative  and  executive  depart- 
ments of  the  government ;  and  shall,  when  required,  lay  the  same, 
and  all  matters  relative  thereto,  before  either  branch  of  the  legis- 
lature; and  shall  j^erform  such  other  duties  as  shall  be  assigned  him 
by  law. 

Sec.  2.  A  State  treasurer  shall  be  appointed  by  a  joint  vote  of  the 
two  houses  of  the  legislature,  and  shall  hold  his  office  for  the  term  of 
two  years. 

Sec.  8.  There  shall  be  an  auditor-general  and  an  attorney-general 
for  the  State,  and  a  prosecuting  attorney  for  each  of  the  respective 
counties,  who  shall  hold  their  offices  for  two  years,  and  who  shall  be 
appointed  by  the  governor,  by  and  with  the  advice  and  consent  of  the 
senate,  and  whose  powers  and  duties  shall  be  prescribed  by  law. 

Sec.  4.  There  shall  be  a  sheriff,  a  county  treasurer,  and  one  or 
more  coroners,  a  register  of  deeds,  and  a  county  surveyor,  chosen  by 
the  electors  in  each  of  the  several  counties,  once  in  every  tAvo  years, 
72.58— VOL  .3—07 8 


1 938  Michigan— 1835 

and  as  often  as  vacancies  shall  happen.  The  sheriff  shall  hold  no 
othei-  office,  and  shall  not  be  capable  of  holding  the  office  of  sheriff 
longer  than  four  in  any  term  of  six  _years.  He  may  be  required  by 
law  to  renew  his  security  from  time  to  time,  and  in  default  of  giv- 
ing such  security,  his  office  shall  be  deemed  vacant ;  but  the  county 
shall  never  be  made  responsible  for  the  acts  of  the  sheriff. 

Article  VIII 

IMPEACHMENTS    AND    REMOVALS    FROIM    OFEICE. 

Section  1.  The  house  of  representatives  shall  have  the  sole  power 
of  impeaching  all  civil  officers  of  the  State  for  corrupt  conduct  in 
office,  or  for  crimes  and  misdemeanors;  but  a  majority  of  all  the 
members  elected  shall  be  necessary  to  direct  an  impeachment. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  senate.  When  the 
governor  or  lieutenant-governor  shall  be  tried,  the  chief  justice  of  the 
supreme  court  shall  preside.  Before  the  trial  of  an  impeachment,  the 
members  of  the  court  shall  take  an  oath  or  affirmation  truly  and  im- 
partially to  try  and  determine  the  charge  in  question  according  to 
the  evidence;  and  no  person  shall  lie  convicted  without  the  concur- 
rence of  two-thirds  of  the  members  present.  Judgment,  in  cases  of 
impeachment,  shall  not  extend  further  than  to  removal  from  office; 
but  the  party  convicted  shall  be  liable  to  indictment  and  punishment 
according  to  law. 

Sec.  3.  For  any  reasonable  cause,  which  shall  not  be  sufficient 
ground  for  the  impeachment  of  the  judges  of  any  of  the  courts,  the 
governor  shall  remove  any  of  them  on  the  address  of  two-thirds  of 
each  branch  of  the  legislature ;  but  the  cause  or  causes  for  which  such 
removal  may  be  required  shall  be  stated  at  length  in  the  address. 

Sec.  4.  The  legislature  shall  provide  by  law  for  the  removal  of 
justices  of  the  peace,  and  other  county  and  township  officers,  in  such 
manner  and  for  such  cause  as  to  them  shall  seem  just  and  proper. 

Article  IX 

MILITIA 

Section  1.  The  legislature  shall  provide  by  law  for  organizing  and 
disciplining  the  militia,  in  such  manner  as  they  shall  deem  expedient, 
not  incompatible  with  the  Constitution  and  laws  of  the  United  States. 

Sec.  2.  The  legislature  shall  provide  for  the  efficient  discipline  of 
the  officers,  commissioned  and  non-commissioned,  and  musicians,  and 
may  provide  by  law  for  the  organization  and  discipline  of  volunteer 
companies. 

Sec.  3.  Officers  of  the  militia  shall  be  elected  or  appointed  in  such 
manner  as  the  legislature  shall  from  time  to  time  direct,  and  shall 
be  commissioned  by  the  governor. 

Sec.  4.  The  governor  shall  have  power  to  call  forth  the  militia, 
to  execute  the  laws  of  the  State,  to  suppress  insurrections,  and  repel 
invasions. 


Michigan— 1835  1939 

Article  X 

EDUCATION 

Section  1.  The  governor  shall  nominate  and,  by  and  -with  the 
advice  and  consent  of  the  legislature  in  joint  vote,  shall  appoint  a 
superintendent  of  public  instruction,  Avho  shall  hold  his  office  for  two 
3^ears,  and  whose  duties  shall  be  prescribed  by  law. 

Sec  2.  The  legislature  shall  encourage,  by  all  suitable  means,  the 
promotion  of  intellectual,  scientifical,  and  agricultural  imi)rovenient. 
The  proceeds  of  all  lands  that  have  been  or  hereafter  may  be  gTanted 
by  the  United  States  to  this  State,  for  the  support  of  schools,  which 
shall  hereafter  be  sold  or  disposed  of.  shall  be  and  I'emaiu  a  perpetual 
fund,  the  interest  of  which,  together  Avith  the  rents  of  all  such  unsold 
lands,  shall  be  inviolably  appropriated  to  the  support  of  schools 
throughout  the  State. 

Sec.  3.  The  legislature  shall  provide  for  a  system  of  common 
schools,  by  Avhich  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  supjjort  such  a  school  may  be  de- 
prived of  its  equal  proportion  of  the  interest  of  the  ]:)ublic  fund. 

Sec.  4:.  As  soon  as  the  circumstances  of  the  State  will  j)ermit,  the 
legislature  shall  provide  for  the  establishment  of  libraries;  one  at 
least  in  each  township;  and  the  money  which  shall  be  ])aid  by  ])ersons 
as  an  equivalent  for  exemption  from  military  duty,  and  the  clear  i)ro- 
ceeds  of  all  fines  assessed  in  the  several  comities  for  any  breach  of  the 
penal  laws,  shall  be  exclusiA^ely  applied  to  the  su]:)port  of  said 
libraries. 

Sec.  5.  The  legislature  sliall  take  measures  for  the  protection, 
improvement,  or  other  disposition  of  such  lands  as  have  l)een  or  may 
hereafter  be  reserved  or  granted  by  the  United  States  to  this  State 
for  the  support  of  a  university,  and  the  funds  accruing  from  the 
rents  or  sale  of  such  lands,  or  from  any  other  source,  for  the  purpose 
aforesaid,  shall  be  and  remain  a  permanent  fund  for  the  support  of 
said  university,  with  such  branches  as  the  public  convenience  may 
hereafter  demand  for  the  promotion  of  literature,  the  arts  and 
sciences,  and  as  may  be  authorized  by  the  terms  of  such  grant.  And 
it  shall  be  the  duty  of  the  legislature,  as  soon  as  may  be.  to  provide 
frt'ectual  means  for  the  im])r()A'('m(Mit  and  permanent  security  of  the 
funds  of  said  university. 

-VinicLE  xr 

I'KOIIIIU  riOX  OF  SI.A\  KKV 

Neither  slavery  nor  imoluntary  servitude  shall  e\'er  be  introduced 
into  this  State,  except  for  the  punishment  of  crimes  of  which  the 
])arty  shall  have  been  duly  convicted. 

Akiici.e  XII 

MISCELLANEOUS    I'KOVISIONS 

Section  1.  Members  of  the  legislature,  and  all  officers,  executive 
and  judicial,  except  such  inferior  officers  as  may  by  law  be  exempted, 
shall.  Ix'fore  they  enter  on  the  duties  of  their  res|)ective  offices,  take 
and   subscribe   the   following  oath   or  affirmation :  "  I   do  solemnly 


1940  Michigan— 1835 

swear  [or  affirm,  as  the  case  may  be|  that  J  Avili  support  the  Consti- 
tution of  the  United  States  and  the  constitution  of  this  State,  and 

that  I  Avill  faithfully  discharge  the  duties  of  the  office  of ,  ac- 

coi'ding  to  the  best  of  my  ability."  And  no  other  oath,  declaration, 
or  test  shall  be  required  as  a  qualification  for  any  office  or  public 
trust. 

Sec.  '2.  The  legislature  shall  pass  no  act  of  incorporation,  unless 
with  the  assent  of  at  least  two-thirds  of  each  house. 

Sec.  3.  Internal  improvement  shall  be  encouraged  by  the  govern- 
ment of  this  State;  and  it  shall  be  the  duty  of  the  legislature,  as 
soon  as  may  be,  to  make  provision  by  laAV  for  ascertaining  the  i)ro])er 
objects  of  improvement  in  relation  to  roads,  canals,  and  navigable 
waters;  and  it  shall  also  be  their  duty  to  provide  by  law  for  an 
equal,  systematic,  and  economical  application  of  the  funds  which 
may  be  appropriated  to  these  objects. 

Sec.  4.  No  money  shall  be  drawn  from  the  treasury  but  in  eon- 
sequence  of  appropriations  made  by  law ;  and  an  accurate  statement 
of  the  receipts  and  expenditures  of  the  public  money  shall  be  at- 
tached to  and  published  with  the  laws  annually. 

Sec.  5.  Divorces  shall  not  be  granted  1)V  the  legislature,  but  the 
legislature  may  by  law  authorize  the  higher  courts  to  grant  them, 
under  such  restrictions  as  they  may  deem  expedient. 

Sec.  G.  No  lottery  shall  be"  authorized  by  this  State,  nor  shall  the 
sale  of  lottery-tickets  be  allowed. 

Sec.  7.  No  county  now  organized  l)y  law  shall  ever  be  reduced,  by 
the  organization  of  new  counties,  to  less  than  four  hundred  square 
miles. 

Sec.  S.  The  governor,  secretary  of  state,  treasurer,  and  auditor- 
general  shall  keep  their  offices  at  the  seat  of  government. 

Sec.  d.  The  seat  of  government  for  this  State  shall  be  at  Detroit, 
or  at  such  other  place  or  places  as  may  be  prescribed  by  law,  until 
the  year  eighteen  hundred  and  forty-seven,  when  it  shall  be  jier- 
manently  located  bv  the  legislature. 

Sec.  io.  The  first  governor  and  lieutenant-governor  shall  hold 
their  offices  until  the  first  Monday  of  January,  eigjiteen  hundred 
and  thirty-eight,  and  until  others  shall  be  elected  and  qualified,  and 
thereafter  they  shall  hold  their  offices  for  two  years,  and  until  their 
successors  shall  be  elected  and  qualified. 

^  Sec.  11.  AVhen  a  vacancy  shall  happen,  occasioned  by  the  death, 
resignation,  or  removal  from  office  of  any  person  holding  office  under 
this  State,  the  successor  thereto  shall  hold  his  office  for  the  i^eriod 
which  his  predecessor  had  to  serve,  and  no  longer,  unless  again 
chosen  or  reappointed. 

Article  XIII 

mode    or    AMENDING    AND    REVISINCi    THE    CONSTITUTION 

Section  1.  Any  amendment  or  amendments  to  this  constitution 
may  be  proposed  in  the  senate  or  house  of  representatives ;  and  if  the 
same  shall  be  agreed  to  by  a  majority  of  the  members  elected  to  each 
of  the  two  houses,  such  proposed  amendment  or  amendments  shall  be 
entered  on  their  journals,  with  the  yeas  and  nays  taken  thereon,  and 
referred  to  the  legislature  then  next  to  be  chosen,  and  shall  be  pub- 


Michigan— 1836  1941 

lislied  for  three  months  pi-evious  to  the  time  of  making  such  choice. 
And  if  in  the  legishiture  next  chosen  as  aforesaid  such  proposed 
amendment  or  amendments  shall  be  agreed  to  by  two-thirds  of  all 
the  members  elected  to  each  house,  then  it  shall  be  the  duty  of  the 
legislature  to  submit  such  proposed  amendment  or  amendments  to  the 
people,  in  such  manner  and  at  such  time  as  the  legislature  shall  pre- 
scribe ;  and  if  the  people  shall  approve  and  ratify  such  amendment  or 
amendments,  by  a  majority  of  the  electors  qualified  to  vote  for  mem- 
bers of  the  legislature  voting  thereon,  such  amendment  or  amend- 
ments shall  become  part  of  the  constitution. 

Sec.  2.  And  if  at  any  time  two-thirds  of  the  senate  and  house  of 
representatives  shall  think  it  necessary  to  revise  or  change  this  entire 
c(mstitution,  they  shall  recommend  to  the  electors  at  the  next  election 
for  members  of  the  legislature  to  vote  for  or  against  a  convention ; 
and  if  it  shall  appear  that  a  majorit}^  of  the  electors  voting  at  such 
election  have  voted  in  favor  of  calling  a  convention,  the  legislature 
shall  at  its  next  session  provide  by  law  for  calling  a  convention  to  be 
holden  within  six  months  after  the  passage  of  such  law;  and  such 
convention  shall  consist  of  a  numl)er  of  members  not  less  than  that 
of  both  branches  of  the  legislature. 

SCHEDITLE 

Section  1.  That  no  inconvenience  may  arise  from  a  change  of  the 
territorial  government  to  a  permanent  State  government,  it  is  de- 
clared that  all  writs,  actions,  prosecutions,  contracts,  claims,  and 
rights  of  individuals  and  of  bodies-corporate  shall  continue  as  if  no 
change  had  taken  place  in  this  government ;  and  all  process  which 
may,  before  the  organization  of  the  judicial  department  under  this 
constitution,  be  issued  under  the  authority  of  the  Territory  of  ]Mich- 
igan.  shall  be  as  valid  as  if  issued  in  the  name  of  the  State. 

Sec,  2.  All  laws  now  in  force  in  the  Territory  of  Michigan,  which 
are  not  repugnant  to  this  constitution,  shall  remain  in  force  until  they 
expire  by  their  own  limitations,  or  be  altered  or  repealed  l)y  the 
legislature. 

Sec.  3.  All  fines,  penalties,  forfeitures,  and  escheats  accruing  to  the 
Territory  of  ]\Iichigan  shall  accrue  to  the  use  of  the  State. 

Sec.  4.  All  recognizances  heretofore  taken,  or  which  may  be  taken 
before  the  organization  of  the  judicial  department  under  this  consti- 
tution, shall  remain  valid,  and  shall  pass  over  to  and  may  be  prose- 
cuted in  the  name  of  the  State.  And  all  bonds  executed  to  the  gov- 
ernor of  this  Territory,  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  respectively  expressed, 
and  may  be  sued  for  and  recovered  accordingly.  All  criminal  j^rose- 
cutions  and  penal  actions  Avhich  have  arisen  or  which  nuty  arise  before 
the  organization  of  the  judicial  department  under  this  constitutiou, 
and  which  shall  then  be  depending,  may  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  super- 
seded under  this  constitution. 


1942  Michigan— 18S5 

Sec.  ().  The  lirst  election  for  governor,  lieutenant-governor,  mem- 
bers of  the  State  legislature,  and  a  Representative  in  the  Congress:  of 
the  United  States,  shall  be  held  on  the  first  Monday  in  October  next, 
and  on  the  succeeding  day.  And  the  president  of  the  convention  shall 
issue  writs  to  the  sheriff's  of  the  several  counties  or  districts,  or,  in 
case  of  vacancy,  to  the  coroners,  requiring  them  to  cause  such  election 
to  be  held  on  the  days  aforesaid,  in  their  respective  counties  or  dis- 
tricts. The  election  shall  be  conducted  in  the  manner  prescribed,  and 
by  the  township  officers  designated  as  inspectors  of  elections,  and  the 
returns  made  as  required  by  the  existing  laws  of  the  Territory,  or  by 
this  constitution :  Provided,  however,  That  the  returns  of  the  several 
townships  in  the  district  composed  of  the  unorganized  counties  of 
Ottawa,  Ionia,  Kent,  and  Clinton  shall  be  made  to  the  clerk  of  the 
township  of  Kent  in  said  district,  and  the  said  township  clerk  shall 
perform  the  same  duties  as  by  the  existing  laws  of  the  Territory  de- 
volve upon  the  clerks  of  the  several  counties  in  similar  cases. 

Sec.  T.  The  first  meeting  of  the  legislature  shall  be  at  the  city  of 
Detroit,  on  the  first  Monday  in  November  next,  Avith  power  to  ad- 
journ to  any  other  place. 

Sec.  8.  All  county  and  township  officers  shall  continue  to  hold 
their  respective  offices,  unless  removed  by  the  competent  authority, 
until  the  legislature  shall,  in  conformity  to  the  provisions  of  this 
constitution,  provide  for  the  holding  of  elections  to  fill  such  offices 
respectively. 

Sec.  9.  This  constitution  shall  be  submitted,  at  the  election  to  be 
held  on  the  first  Monday  in  October  next,  and  on  the  succeeding  day, 
for  ratification  or  rejection,  to  the  electors  qualified  by  this  constitu- 
tion to  vote  at  all  elections;  and  if  the  same  be  ratified  by  the  said 
electors,  the  same  shall  become  the  constitution  of  the  State  of  IVIich- 
igan.  At  the  election  aforesaid,  on  such  of  the  ballots  as  are  for  the 
said  constitution,  shall  be  written  or  printed  the  word  "  Yes,"  and  on 
those  Avhich  are  against  the  ratification  of  said  constitution,  the  word 
"'  No."  And  the  returns  of  the  votes  on  the  question  of  ratification  or 
rejection  of  said  constitution  shall  be  made  to  the  president  of  this 
convention  at  any  time  before  the  first  Monday  in  November  next, 
and  a  digest  of  the  same  communicated  by  him  to  the  senate  and  house 
of  representatives  on  that  day. 

Sec.  10.  And  if  this  constitution  shall  be  ratified  by  the  people  of 
Michigan,  the  president  of  this  convention  shall,  immediately  after 
the  same  shall  be  ascertained,  cause  a  fair  copy  thereof,  together  Avith 
an  authenticated  copy  of  the  act  of  the  legislative  council,  entitled 
"An  act  to  enable  the  people  of  Michigan  to  form  a  constitution  and 
State  government,"  approved  Januar}^  20,  1835,  providing  for  the 
calling  of  this  convention,  and  also  a  copy  of  so  nuich  of  the  last 
census  of  this  Territory  as  exhibits  the  number  of  the  free  inhabitants 
of  that  part  thereof  which  is  comprised  within  the  limits  in  said  con- 
stitution defined  as  the  boundaries  of  the  proposed  State  of  Michigan, 
lo  be  forwarded  to  the  President  of  the  United  States,  together  with 
an  expression  of  the  decided  opinion  of  this  convention  that  the 
number  of  the  free  inhabitants  of  said  proposed  State  now  exceeds 
the  numl^er  re(|uisite  to  constitute  two  congressional  districts,  and  the 
respectful  request  of  this  convention,  in  behalf  of  the  people  of  Mich- 
igan, that  all  said  matters  may  be  by  him  laid  before  the  Congress 
of  the  United  States  at  their  next  session. 


Michigan— 1835  1943 

Sec.  11.  In  case  of  the  failure  of  the  president  of  this  convention 
to  perform  the  duties  prescribed  by  this  constitution,  by  reason  of  his 
absence,  death,  or  from  any  other  cause,  said  duties  shall  be  per- 
formed by  the  secretaries  of  this  convention. 

Sec.  1-1.  Until  the  first  enumeration  shall  be  made,  as  directed  by 
this  constitution,  the  county  of  Waj'ne  shall  be  entitled  to  eight  rep- 
resentatives; the  county  of  Monroe  to  four  representatives;  the  county 
of  Washtenaw  to  seven  representatives;  the  county  of  Saint  Clair  to 
one  representative;  the  county  of  Saint  Joseph  to  two  representa- 
tives; the  county  of  Berrien  to  one  representative;  the  county  of 
Calhoun  to  one  representative;  the  county  of  Jackson  to  one  repre- 
sentative; the  county  of  Cass  to  two  representatives;  the  county  of 
Oakland  to  six  representatives;  the  county  of  Macomb  to  three  rep- 
resentatives; the  county  of  Lenawee  to  four  representatives;  the 
county  of  Kalamazoo,  and  the  unorganized  counties  of  Allegan  and 
Barry,  to  two  representatives;  the  county  of  Branch  to  one  repre- 
sentative; the  county  of  Hillsdale  to  one  representative;  the  county 
of  Lapeer  to  one  representative;  the  county  of  Saginaw,  and  the  un- 
organized counties  of  Genesee  and  Shiawasse,  to  one  representative; 
the  county  of  Michilimackinac  to  one  representative;  the  county  of 
ChippcAva  to  one  representative;  and  the  unorganized  counties  of 
Ottawa,  Kent,  Ionia,  and  Clinton  to  one  representative. 

And  for  the  election  of  senators  the  State  shall  be  divided  into 
five  districts,  and  the  apportionment  shall  be  as  follows:  The  county 
of  AVayne  shall  compose  the  first  district,  and  elect  three  senators; 
the  counties  of  jMonroe  and  Lewanee  shall  compose  the  second  district, 
and  elect  three  senators;  the  counties  of  Hillsdale.  Branch,  Saint 
Joseph,  Cass,  Berrien,  Kalamazoo,  and  Calhoun  shall  compose  the 
third  district,  and  elect  three  senators;  the  counties  of  Washtenaw 
and  Jackson  shall  compose  the  fourth  district,  and  elect  three  sena- 
tors; and  the  counties  of  Oakland,  Lapeer,  Saginaw.  Macomb,  Saint 
Clair,  Michilimackinac,  and  Chippewa  shall  compose  the  fifth  dis- 
trict, and  elect  four  senators. 

Any  country  attached  to  any  county  for  judicial  puri)oses,  if  not 
otherwise  represented,  shall  be  considered  as  forming  part  of  such 
county,  so  far  as  regards  elections  for  the  jiurpose  of  representation 
in  the  legislature. 

John  Biddi.e,  President. 

ORDINANCE 

Be  it  ordained  hy  the  convention  assembled  to  form  a  constitution 
for  the  State  of  Michigan.,  in  hehalf  and  hy  authority  of  the  people 
of  said  State.,  That  the  following  ])ropositions  be  submitted  to  the 
Congress  of  the  United  States,  which,  if  assented  to  by  that  l)ody, 
shall  be  obligatory  on  tliis  State: 

1.  Section  luunbered  sixteen  in  every  surveyed  township  of  th(^ 
public  lands,  and,  where  such  section  has  been  sold  or  othei-wise 
disposed  of,  other  lands  equivalent  thereto,  and  as  contiguous  as 
may  be,  shall  be  granted  to  the  State  for  the  use  of  schools. 

2.  The  seventy-two  sections  of  land  set  apart  and  reserved  for  the 
use  and  support  of  a  imiversity,  by  an  act  of  Congress  approved 
on  the  twentieth  day  of  ]May,  eighteen  hundred  aud  twenty-six, 
entitled  "An  act  concerning  a  seminary  of  learning  in  the  Territory 
of  Michigan,"  shall,  together  with  such  further  (luantities  as  uiay 


1944  Michigan— 1835— 1850 

be  a^rcHMl  ii|)()n  by  Congress,  be  conveyed  to  the  State,  and  shall  be 
apj)r()i)riate<l  solely  to  the  use  and  sup[)ort  of  such  universfty.  in 
such  manner  as  the  legislature  may  prescribe. 

3.  Four  entire  sections  of  land,  to  be  selected  under  the  direction 
of  the  legislature,  from  any  of  the  unappropriated  lands  belonging 
to  the  United  States,  shall  be  granted  to  the  State  for  its  use  in 
establishing  a  seat  of  government. 

AMENDMENT   TO   THE   CONSTITUTION   OF    1835  « 

(Ratified  18:^.9) 

Art.  it.  Sec.  1.  Strike  out  the  words  "  district,  county,  or  town- 
ship," and  substitute  in  the  place  thereof  '"'  township  or  ward." 

(Ratified  184.3) 

That  the  constitution  of  this  State  be  so  amended  that  every  law 
authorizing  the  borrowing  of  money  or  the  issuing  of  State  stocks, 
whereby  a  debt  shall  be  created  on  the  credit  of  the  State,  shall 
specif}'  the  object  for  which  the  money  shall  be  appropriated;  and 
that  every  such  law  shall  embrace  no  more  than  one  such  object,  which 
shall  be  simply  and  specifically  stated,  and  that  no  such  law  shall 
take  effect  until  it  shall  be  submitted  to  the  people  at  the  next  gen- 
eral election,  and  be  approved  by  a  majority  of  the  votes  cast  for 
and  against  it  at  such  election;  that  all  money  to  be  raised  by  the 
authority  of  such  law  be  applied  to  the  specific  object  stated  in  such 
law,  and  to  no  other  purpose,  except  the  payment  of  such  debt 
thereby  created.  This  provision  shall  not  extend  or  apply  to  any 
law  to  raise  money  for  defrayiiiof  the  actual  expenses  of  the  legis- 
lature, the  judicial  and  State  officers,  for  suppressing  insurrection, 
repelling  invasion,  or  defending  the  State  in  time  of  war. 

(Ratified  1S44) 

Art.  IV.  Sec.  4.  Strike  out  the  words  "On  the  first  Monday  in 
November  and  on  the  following  days,''  and  insert  the  words  "  On  the 
first  Tuesday.''  so  that  said  section  will  read :  "  The  representatives 
shall  be  chosen  annually  on  the  first  Tuesday  of  November,  by  the 
electors  of  the  several  counties  or  districts  into  which  the  State  shall 
be  divided  for  that  purpose.'' 

CONSTITUTION  OF  THE  STATE  OF  MICHIGAN— 1850  - 

The  People  of  the  State  of  Michigan  do  ordain  this  Constitution 

Article  I 

BOUNDARIES 

The  state  of  Michigan  consists  of  and  has  jurisdiction  over  the 
territory  embraced  within  the  following  boundaries,  to-wit;  Com- 
mencing at   a   point   on   the  eastern  boundarv   line   of  the  state  of 


*  Verified  l>y  "  Tlie  constitution  of  the  State  of  Mieliigan.  Compiled  and  pul)- 
lished  under  the  supervision  of  George  A.  Prescott.  Secretary  of  State.  Septeni- 
l)er.  190t).  Lansing.  .Michigan:  Wynkoop  Hallenltcclc  Crawford  Co.,  State  Print- 
ers.    1900."    .")4  pp.     See  Api)endix  to  present  \v(!rl\. 

"See  pp.  xi-xMi  of  "  Rejiort  of  the  Proceedings  and  Del)ates,"  Constitu- 
tional ("(tnventioii,  IS.'u. 


Michigan— 1850  1945 

Indiana,  where  a  direel  line  di-awii  from  the  southern  extremity  of 
Lake  ]\Iicliio-an  to  the  most  noi-therly  cape  of  the  ]Maumee  bay  shall 
intersect  the  same — said  point  being  the  northwest  corner  of  the  state 
of  Ohio,  as  established  by  act  of  congress,  entitled  "An  act  to  estab- 
lish the  northern  boundary  line  of  the  state  of  Ohio,  and  to  provide 
for  the  admission  of  the  state  of  Michigan  into  the  union  upon  the 
conditions  therein  expressed,"  approved  June  fifteenth,  one  thousand 
fight  hundred  and  thirty-six,  thence  with  the  said  boundary  line  of 
the  state  of  Ohio,  till  it  intersects  the  boundary  line  between  the 
United  States  and  Canada  in  Lake  Erie,  thence  with  said  boimd- 
ary  line  between  the  United  States  and  Canada  through  the  Detroit 
river.  Lake  Huron  and  Lake  Superior  to  a  point  where  the  said  line 
last  touches  Lake  Superior:  thence  in  a  direct  line  through  Lake 
Superior  to  the  mouth  of  the  ^lontreal  river;  thence  through  the 
middle  of  the  main  channel  of  the  said  river  Montreal  to  the  head 
waters  thereof;  thence  in  a  direct  line  to  the  center  of  the  channel 
between  ]Middle  and  South. islands  in  the  Lake  of  the  Desert;  thence 
in  a  direct  line  to  the  southern  shore  of  Lake  Brule;  thence  along- 
said  southern  shore  and  down  the  river  Brule  to  the  main  channel 
of  the  ^lenominee  river;  thence  down  the  center  of  the  main  channel 
of  the  same  to  the  center  of  the  most  usual  ship  channel  of  the  (yreen 
Bay  of  Lake  ^Michigan;  thence  through  the  center  of  the  most  usiuil 
ship  channel  of  the  said  bay  to  the  middle  of  Lake  Michigan;  thence 
through  the  middle  of  Lake  ^Michigan  to  the  northern  boundary  of 
the  state  of  Indiana,  as  that  line  was  established  by  the  act  of  con- 
gress of  the  nineteenth  of  April,  eighteen  hundred  and  sixteen;  thence 
(lue  east  with  the  north  boundary  line  of  the  said  state  of  Indiana  to 
the  northeast  corner  thereof:  and  thence  south  with  the  eastern  boun- 
dary line  of  Indiana  to  the  place  of  beginning. 

Articlp:  II 

SEAT    OF    OOVERX:\rENT 

The  seat  of  governmeut  shall  be  at  liansing.  where  it  is  now 
established. 

ARTicnK  III 

DTVISIOX    OF    THK    I'OWKHS    OF    (;()VK1{X:\IEXT 

Section  1.  The  powers  of  government  are  divided  into  three  do- 
l)artments:  The  legislative,  executive  and  judicial. 

Sec.  2.  Xo  person  l)elonging  to  one  department  shall  exercise  the 
powers  properly  belonging  to  another.  exce])t  in  the  cases  expressly 
l)r()vide(l  in  this  constitutiou. 

Aurici.K   rV 

LE(asr,ATI\  i:    DKFAItrMKXT 

Section'  1.  The  legislative  power  is  vested  in  a  senate  and  house  of 
representatives. 

Sec.  2.  The  senate  shall  consist  of  thirty-two  members.  Senators 
shall  be  elected  for  two  years  and  by  single  districts.  Such  districts 
shall  be  numbered  from  one  to  thirtv-two  inclusive,  each  of  which 


1946  Michigan— 1850 

shall  choose  one  senator.  No  county  shall  \)v  divided  in  i\w  forma- 
tion of  senate  districts,  except  snch  county  shall  be  eqnitahly  (Mititled 
to  tAvo  or  more  senators. 

"  Sec.  3.  Tlie  house  of  representatives  shall  consist  of  not  less  than 
sixty-four  nor  more  than  one  hundred  members.  Representatives 
.'^hall  be  chosen  for  two  years  and  by  single  districts.  Each  repre- 
sentative district  shall  contain,  as  nearly  as  may  be,  an  equal  number 
of  inhabitants,  exclusive  of  persons  of  Indian  descent  who  are  not 
civilized  or  are  members  of  any  tribe,  and  shall  consist  of  convenient 
and  contiguous  territory.  But  no  toAvnship  or  city  shall  be  divided 
in  the  formation  of  a  representative  district.  ^^'Iien  any  township 
or  city  shall  contain  a  population  which  entitles  it  to  more  than  one 
representative,  then  such  township  or  city  shall  elect  by  general  ticket 
the  number  of  representatives  to  which  it  is  entitled.  Each  county 
hereafter  organized,  with  such  territory  as  may  be  attached  thereto, 
shall  be  entitled  to  a  separate  representative  when  it  has  attained  a 
population  equal  to  a  moiety  of  the  ratio  of  representation.  In  everj'^ 
county  entitled  to  more  than  one  representative  the  board  of  super- 
visors shall  assemble  at  such  time  and  place  as  the  legislature  shall 
prescribe  and  divide  the  same  into  representative  districts,  equal  to 
the  number  of  representatives  to  which  such  county  is  entitled  by 
law,  and  shall  cause  to  be  filed  in  the  offices  of  the  secretary  of  state 
and  clerk  of  such  county,  a  description  of  such  representative  dis- 
tricts, specifying  the  number  of  each  district  and  population  thereof, 
according  to  the  last  preceding  enumeration. 

**  Sec.  4.  The  legislature  shall  provide  by  law  for  an  enumeration 
of  the  inhabitants  in  the  year  eighteen  hundred  and  fifty-four  and 
every  ten  years  thereafter;  and  at  the  first  session  after  each  enu- 
meration so  made,  and  also  at  the  first  session  after  each  enumeration 
by  the  authority  of  the  United  States,  the  legislature  shall  rearrange 
the  senate  districts  and  apportion  anew  the  representatives  among 
the  counties  and  districts,  according  to  the  number  of  inhabitants, 
exclusive  of  persons  of  Indian  descent  who  are  not  civilized  or  are 
members  of  any  tribe.  Each  apportionment  and  the  division  into 
representative  districts  by  any  board  of  supervisors  shall  remain 
unaltered  until  the  return  of  another  enumeration. 

Sec.  5,  Senators  and  representatives  shall  be  citizens  of  the  United 
States  and  qualified  electors  in  the  respective  counties  and  districts 
which  they  represent.  A  removal  from  their  respective  counties  or 
districts  shall  be  deemed  a  vacation  of  their  office. 

Sec.  fi.  No  person  holding  any  office  under  the  United  States  [or 
this  state]  ^'  or  any  county  office,  except  notaries  public,  officers  of  the 
militia  and  officers  elected  by  townships,  shall  be  eligible  to  or  have 
a  seat  in  either  house  of  the  legislature,  and  all  votes  given  for  any 
such  person  shall  be  void. 

Sec.  7.  Senators  and  representatives  shall  in  all  cases,  except  trea- 
son, felony,  or  l)reach  of  the  peace,  be  privileged  from  arrest.  They 
shall  not  be  subject  to  any  civil  process  during  the  session  of  the  legis- 
lature, or  for  fifteen  days  next  before  the  commencement  and  after 
the  termination  of  each  session.  They  shall  not  be  questioned  in  any 
other  place  for  any  speech  in  either  house. 

a  As  amended  by  joint  resohition  No.  42.  laws  of  1860.  vol.  1.  p.  42.5:  ratified 
election  of  1870. 

6  The  bracketed  words  are  omitted  in  the  engrossed  copy. 


Michigan— 1850  1947 

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 
compel  the  attendance  of  absent  members  in  such  manner  and  under 
such  penalties  as  each  house  may  prescribe. 

Sec.  9.  Each  house  shall  choose  its  own  officers,  determine  the  rules 
of  its  proceedings  and  judge  of  the  qualifications,  elections  and  returns 
of  its  members,  and  may,  with  the  concurrence  of  two-thirds  of  all 
the  members  elected,  expel  a  member.  Xo  member  shall  be  expelled 
a  second  time  for  the  same  cause,  nor  for  any  cause  known  to  his 
constituents  antecedent  to  his  election ;  the  reason  for  such  expulsion 
shall  be  entered  upon  the  journal,  with  the  names  of  the  members 
A'oting  on  the  question. 

Sec.  10.  Each  house  shall  keep  a  journal  of  its  proceedings  and 
publish  the  same  except  such  parts  as  may  require  secrecy.  The  yeas 
and  najT^s  of  the  members  of  either  house,  on  any  question,  shall  be 
entered  on  the  journal  at  the  request  of  one-fifth  of  the  members 
elected.  Any  member  of  either  house  may  dissent  from  and  protest 
against  any  act,  proceeding  or  resolution  which  he  may  deem  injuri- 
ous to  any  person  or  the  pul)lic,  and  have  the  reason  of  his  dissent 
entered  on  the  journal. 

Sec.  ll.  In  all  elections  by  either  house  or  in  joint  convention  the 
votes  shall  be  given  viva  voce.  All  votes  on  nominations  to  the  senate 
shall  be  taken  by  yeas  and  nays,  and  published  with  the  journal  of  its 
jjroceedings. 

Sec.  12.  The  doors  of  each  house  shall  be  open  unless  the  public  wel- 
fare requires  secrecy.  Neither  house  shall,  without  the  ccmsent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other  ])lace  than 
where  the  legislatui'e  may  then  be  in  session. 

Sec.  13.  Bills  may  originate  in  either  house  of  the  legislature. 

Sec.  14.  Every  bill  and  concurrent  resolution,  except  of  adjourn- 
ment, passed  b}''  the  legislature,  shall  be  presented  to  the  governor 
before  it  becomes  a  law.  If  he  approve,  he  shall  sign  it ;  but  if  not, 
he  shall  return  it,  with  his  objections,  to  the  house  in  which  it  origi- 
nated, which  shall  enter  the  objections  at  large  upon  their  journal, 
and  reconsider  it.  On  such  reconsideration  if  two-thirds  of  the  mem- 
l)ers  elected  agree  to  pass  the  bill,  it  shall  be  sent,  with  the  objections, 
to  the  other  house,  by  which  it  shall  be  reconsidej-ed.  If  approved  by 
two-thirds  of  the  meml)ers  elected  to  that  house,  it  shall  become  a  law. 
In  such  case  the  vote  of  both  houses  shall  be  determined  by  yeas  and 
nays,  and  the  names  of  the  members  voting  for  and  against  the  bill 
shall  be  entered  on  the  journals  of  each  house  resi)ectively.  If  any 
hill  be  not  returned  by  the  governor  within  ten  days,  Sundays  ex- 
cej^ted,  after  it  has  been  i)resented  to  him,  the  same  shall  become  a 
law,  in  like  manner  as  if  he  had  signed  it,  unless  the  legislatui'e.  by 
(heir  adjournment,  j^revent  its  return,  in  which  case  it  shall  not 
become  a  law.  The  governor  may  a])ju'ove,  sign  and  file  in  the  office 
of  tlie  secretary  of  state,  within  five  days  after  the  adjournment  of 
the  legislature,  any  act  passed  during  the  last  five  days  of  the  ses.<ion, 
and  the  same  shall  become  a  law. 

"Sec.  15.  The  compensation  of  the  members  of  the  legislature 
-hall  be  three  dollars  per  day  for  actual  attendance  and  when  absent 

"As  Muiended  by  joint  resolution  No.  18,  laws  of  1859,  p.  1105;  ratified  election 

of  1S(>0. 


1048  Michigan— 1850 

oil  account  of  sickness,  l)ul  the  It'oislatuic  may  allow  extra  compeiii^a- 
tion  to  the  nienil^ers  from  the  territory  of  the  upper  peninsula,  not 
exceeding  two  dollars  per  day  during  a  session.  When  convened  in 
extra  session  their  compensation  shall  be  three  dollars  a  day  for  the 
first  twenty  days  and  nothing  thereafter;  and  they  shall  legislate  on 
no  other  subjects  than  those  expressly  stated  in  the  governor's  procla- 
mation, or  submitted  to  them  by  special  message.  They  shall  be 
entitled  to  ten  cents  and  no  more  for  every  mile  actually  traveled,  in 
going  to  and  returning  from  the  place  of  meeting,  on  the  usually 
traveled  route,  and  for  stationery  and  newsjoapers  not  exceeding  five 
dollars  for  each  member  during  any  session.  Each  member  shall  be 
entitled  to  one  copy  of  the  laws,  journals  and  documents  of  the  legis- 
lature of  which  he  was  a  member,  but  shall  not  receive,  at  the  expense 
of  the  state,  books,  newspapers  or  other  perquisites  of  office  not 
expressly  authorized  by  this  constitution. 

Sec.  ic.  The  legislature  may  provide  by  law  for  the  payment  of 
postage  on  all  mailable  matter  received  by  its  members  and  officers 
during  the  sessions  of  the  legislature,  but  not  on  any  sent  or  mailed 
by  them. 

"  Sec.  17.  The  president  of  the  senate  and  the  speaker  of  the  house 
of  representatives  shall  be  entitled  to  the  same  per  diem  compensation 
and  mileage  as  members  of  the  legislature,  and  no  more. 

Sec.  18.  No  person  elected  a  member  of  the  legislature  shall  receive 
any  civil  appointment  within  this  state,  or  to  the  senate  of  the  United 
States,  from  the  governor,  the  governor  and  senate,  from  the  legisla- 
ture, or  any  other  state  authority,  during  the  term  for  which  he  is 
elected.  All  such  appointments  and  all  votes  given  for  any  person  so 
elected  for  any  such  office  or  appointment  shall  be  void.  Xo  member 
of  the  legislature  shall  be  interested,  directl}^  or  indirectly,  in  any  con- 
tract with  the  state  or  any  county  thereof,  authorized  b)^  an}^  law 
passed  during  the  time  for  which  he  is  elected,  nor  for  one  year  there- 
after. 

Sec.  19.  Every  bill  and  joint  resolution  shall  be  read  three  times  in 
each  house  before  the  final  passage  thereof.  Xo  bill  or  joint  resolu- 
tion shall  become  a  law  without  the  concurrence  of  a  majority  of  all 
the  members  elected  to  each  house.  On  the  final  passage  of  all  bills 
the  vote  shall  be  by  ayes  and  nays  and  entered  on  the  journal. 

Sec.  20.  Xo  law  shall  embrace  more  than  one  object,  which  shall  be 
expressed  in  its  title.  Xo  public  act  shall  take  effect  or  be  in  force 
until  the  expiration  of  ninety  days  from  the  end  of  the  session  at 
which  the  same  is  passed,  unless  the  legislature  shall  otherwise  direct, 
by  a  two-thirds  vote  of  the  members  elected  to  each  house. 

Sec.  21.  The  legislature  shall  not  grant  nor  authorize  extra  com- 
pensation to  any  public  officer,  agent  or  contractor,  after  the  serAdce 
has  been  rendered  or  the  contract  entered  into. 

Sec.  22.  The  legislature  shall  provide  by  law  that  the  furnishing  of 
fuel  and  stationery  for  the  use  of  the  state,  the  printing  and  binding 
the  laws  and  journals,  all  blanks,  paper  and  printing  for  the  execu- 
tive departments  and  all  other  printing  ordered  by  the  legislature, 
shall  be  let  by  contract  to  the  lowest  bidder  or  bidders,  who  shall  give 
adequate  and  satisfactory  security  for  the  performance  thereof.  The 
legislature  shall  prescribe  by  law  the  manner  in  which  the  state  print- 
ing shall  be  executed,  and  the  accounts  rendered  therefor;  and  shall 
prohibit  all  charges  for  constructive  labor.     They  shall  not  rescind 


Michigan— 1850  1949 

nor  alter  such  contract,  nor  release  the  person  or  persons  takinj^;  the 
same,  or  his  or  their  sureties,  from  the  performance  of  any  of  the 
conditions  of  the  contract.  No  member  of  the  legislature  nor  officer 
of  the  state  shall  be  interested  directly  or  indirectly  in  any  such 
contract. 

Sec.  23.  The  legislature  shall  not  authorize,  by  private  or  special 
law,  the  sale  or  conveyance  of  any  real  estate  belonging  to  any  person ; 
nor  vacate  nor  alter  any  road  laid  out  by  connnissioners  of  highways 
or  any  street  in  any  city  or  village,  or  in  any  recorded  town  plat. 

Sec,  24.  The  legislature  may  authorize  the  employment  of  a  chap- 
Jain  for  the  state  prison;  but  no  money  shall  be  appropriated  for  the 
payment  of  any  religious  services  in  either  house  of  the  legislature. 

Sec.  25.  No  law  shall  be  revised,  altered  or  amended  by  reference 
to  its  title  only;  but  the  act  revised  and  the  section  or  sections  of  the 
act  altered  or  amended  shall  be  re-enacted  and  published  at  length. 

Sec.  20.  Divorces  shall  not  be  granted  by  the  legislature. 

Sec.  27.  The  legislature  shall  not  authorize  any  lottery  nor  peruut 
the  sale  of  lottery  tickets. 

"  Sec.  28.  Repealed. 

Sec.  29.  In  case  of  a  contested  election,  the  person  only  shall  receive 
from  the  state  per  diem  compensation  ajid  mileage  who  is  declared 
to  be  entitled  to  a  seat  by  the  house  in  which  the  contest  takes  place. 

Sec.  30.  No  collector,  holder  nor  disburser  of  public  moneys  shall 
hav^e  a  seat  in  the  legislature,  or  l)e  eligible  to  any  office  of  trust  or 
])rofit  under  this  state,  until  he  shall  have  accounted  foi-  and  paid 
over,  as  provided  by  law,  all  sums  for  which  he  uiay  be  liable. 

Sec.  31.  The  legislature  shall  not  audit  nor  allow  any  private  claim 
or  account. 

Sec.  32.  The  legislature,  on  the  day  of  iiual  adjournnicnt,  shall 
adjourn  at  twelve  o'clock  at  noon. 

'' Sec.  33.  The  legislature  shall  meet  at  seat  of  government  (mi  Hk^ 
first  Wednesday  in  January,  in  the  year  one  thousand  eight  hundred 
aud  sixtA'-one,  and  on  the  first  Wednesday  of  January  in  every  si'coud 
year  thereafter,  and  at  no  other  place  or  tim(>  uuless  as  provided  iu 
the  constitution  of  the  state,  and  shall  adjourn  without  day  at  such 
time  as  the  legislature  shall  fix  by  concurrent  n'solution. 

Sec.  34.  The  election  of  senators  and  representatives,  pursuaut  to 
the  provisions  of  this  constitution,  shall  be  held  on  the  Tuesday  suc- 
ceeding the  first  Monday  of  November,  in  the  year  one  thousand  eight 
hundred  and  fifty-two,  and  on  the  Tuesday  succeeding  the  first  Mon- 
day of  November  of  every  second  year  thereafter. 

'^  Sec.  35.  The  legislature  shall  not  establish  a  state  pajier. 

Sec.  3().  The  legislature  shall  provide  for  the  speedy  jiublication  of 
all  statute  laws  of  a  public  nature,  and  of  such  judicial  de<'isions  as 
it  may  deem  ex])edient.  All  laws  and  judicial  decisions  shall  be  free 
for  publication  by  any  person. 

°  Amended  by  joint  resolution  No.  18.  laws  of  18.50.  p.  1105:  ratified  elet^tion 
of  18(5(1.  By  aiiiendnient  proposed  l)y  the  k'uisi.iture  of  1008.  joint  resolution 
No.  2,  and  Mpi)r()ved  I)y  Ihe  i)('oi)le  at  the  November  election.  10O4.  this  stvtion 
was  repealed. 

''As  amended  i>y  Joint  resolution  No.  18.  laws  of  lS.">i).  p.  ll(i.~):  ratiiied  election 
of  1S(iO. 

'■  .\s  amended  by  joint  resolution  No.  0,  laws  of  liMtl,  p.  o80 ;  ratiiied  election 
of  11X12. 


1<)5()  Michigan— 1S50 

Sec.  37.  The  legislature  may  declare  the  cases  in  which  any  office 
shall  be  deemed  vacant,  and  also  the  manner  of  filling  the  vacancy, 
where  no  provision  is  made  for  that  purpose  in  this  constitution. 

Sec.  38.  The  legislature  may  confer  upon  organized  townships,  in- 
corporated cities  and  villages,  and  upon  the  board  of  supervisors  of 
the  several  counties,  such  powers  of  a  local,  legislative  and  adminis- 
trative character  as  they  may  deem  proper. 

Sec.  30.  The  legislature  shall  pass  no  law  to  jjrevent  any  person 
from  worshiping  Almighty  God  according  to  the  dictates  of  his  own 
conscience,  or  to  compel  any  person  to  attend,  erect,  or  support  any 
place  of  religious  worship,  or  to  pay  tithes,  taxes,  or  other  rates  for 
the  support  of  any  minister  of  the  gospel  or  teacher  of  religio]i. 

Sec.  40.  No  money  shall  be  appropriated  or  draAvn  from  the  treas- 
ury for  the  benefit  of  any  religious  sect  or  society,  theological  or  reli- 
gious seminary,  nor  shall  property  belonging  to  the  state  be  appropri- 
ated for  any  such  purposes. 

Sec.  41.  The  legislature  shall  not  diminish  or  enlarge  the  civil  or 
political  rights,  privileges  and  capacities  of  any  person  on  account  of 
his  opinion  or  belief  concerning  matters  of  religion. 

Sec.  42.  No  law  shall  ever  be  passed  to  restrain  or  abridge  the  lib- 
erty of  speech  or  of  the  press;  but  every  person  may  freely  speak, 
write  and  publish  his  sentiments  on  all  subjects,  being  responsible  for 
the  abuse  of  such  right. 

Sec.  43.  The  legislature  shall  pass  no  l)ill  of  attainder,  ex  -post  f<icto 
laAv,  or  law  impairing  the  obligation  of  contracts. 

Sec.  44.  The  privilege  of  the  writ  of  haheas  rorputi  remains  and 
shall  not  be  suspended  by  the  legislature,  except  in  case  of  rebellion  or 
invasion  the  public  safety  require  it. 

Sec.  45.  The  assent  of  two-thirds  of  the  meml)ers  elected  to  each 
house  of  the  legislature  shall  be  requisite  to  every  bill  appropriating 
the  public  money  or  property  for  local  or  private  purposes. 

Sec.  4().  The  legislature  may  authorize  a  trial  by  a  jury  of  a  less 
number  than  twelve  men. 

"  Sec.  47.  The  legislature  may,  by  law,  provide  for  the  indetermi- 
nate sentences  so  called,  as  a  punishment  for  crime,  on  conviction 
thereof,  and  for  the  detention  and  release  of  persons  imprisoned  or 
detained  on  said  sentences. 

Sec.  48.  The  style  of  the  laws  shall  be,  "  The  People  of  the  State  of 
Michigan  enact." 

^  Sec.  40.  The  legislature  may  provide  for  the  laying  out,  construc- 
tion, improvement  and  maintenance  of  highways,  bridges  and  culverts 
by  counties  and  townships,  and  may  authorize  counties  to  take  charge 
and  control  of  any  highways  within  their  limits  for  such  purposes; 
and  may  modify,  change  or  abolish  the  powers  and  duties  of  town- 
ship commissioners  and  overseers  of  highways.  But  the  tax  raised 
in  any  one  year  shall  not  exceed  two  dollars  upon  each  one  thousand 

o  By  amendment  proposed  by  the  legislature  of  1875.  joint  resolution  No.  21, 
and  approved  by  the  people  at  the  November  election  of  1876,  section  47,  article 
IV,  prohibiting  the  license  of  the  sale  of  intoxicating  liquors,  was  striclven  out. 
By  amendment  i)roposed  by  the  legislature  of  litOl,  joint  resolution  No.  11,  and 
ratified  at  the  November  election  of  1902,  the  section  as  above  was  inserted. 

&  As  amended  by  joint  resolution  No.  5,  public  acts  of  1899,  ratified  April 
election  1899. 


Michigan— 1850  1951 

dollars  valuation,  according  to  the  assessment  roll  of  the  count}'  for 
the  preceding  year.  The  legislature  may  also  prescribe  the  powers 
and  duties  of  hoards  of  supervisors  in  relation  to  highways,  bridges 
and  culverts,  and  may  provide  for  one  or  more  county  road  commis- 
sioners, to  be  elected  by  the  people,  or  appointed,  with  such  powers 
and  duties  as  may  be  prescribed  by  law. 

Xo  county  shall  incur  any  indebtedness  for  any  purposes  in  excess 
of  three  per  cent  of  the  valuation,  according  to  the  last  assessment 
roll,  and  no  such  indebtedness  beyond  one-half  of  one  per  cent  of  such 
valuation  shall  be  incurred,  unless  authorized  by  a  majority  of  the 
electors  of  said  county  voting  thereon:  Pro  ruled.  That  any  county 
i'f)ad  system  provided  by  law  shall  not  go  into  operation  in  any  county 
until  the  electors  of  said  county,  by  a  majority  vote,  have  declared  in 
favor  of  adopting  the  county  road  system. 

AuTicr,!-;  V 

P3XECIITIVE   DEPARTMENT 

Section  1.  The  executive  power  is  vested  in  a  governor  who  shall 
hold  his  office  for  two  years.  A  lieutenant  governor  shall  be  chosen 
for  the  same  term. 

Skc".  '2.  Xo  person  shall  be  eligible  to  the  office  of  governor  or  lieu- 
tenant governor,  who  has  not  been  five  years  a  citizen  of  the  United 
States  and  a  resident  of  this  state  two  years  next  preceding  his  elec- 
tion; nor  shall  any  jjerson  be  eligible  to  either  office  Mlho  has  not 
iittained  the  age  of  thirty  years. 

Sric.  8.  The  governor  and  lieutenant  governor  shall  be  elected  at 
the  times  and  places  of  choosing  the  members  of  the  legislature. 
The  person  having  the  highest  number  of  votes  for  governor  or  lieu- 
tenant governor  shall  be  elected.  In  case  two  or  more  persons  shall 
have  an  equal  and  the  highest  number  of  votes  for  governor  or  lieu- 
tenant governor,  the  legislature  shall,  l>y  joint  vote,  choose  one  of 
such  persons. 

Sec.  4.  The  governor  shall  be  connuander-in-chief  of  the  military 
and  naval  forces,  and  may  call  out  such  forces  to  execute  the  laws, 
to  suppress  insurrections  and  to  repel  invasions. 

Sec.  5.  He  shall  transact  all  necessary  business  with  officei-s  of 
government,  and  may  re(|uire  information  in  writing  from  the 
officers  of  the  executive  de])artment  iij)ou  any  subject  r<>hiting  to  the 
duties  of  their  respective  offices. 

Sec.  ().  He  shall  take  care  that  the  laws  be  faitiifnily  executed. 

Sec.  7.  He  may  convene  the  legislature  on  extraordinary  occasions. 

Sec  8.  He  shall  give  to  the  legislature,  and  at  the  close  of  his 
official  term,  to  the  next  legislature,  information  by  message  of  the 
condition  of  the  state,  and  reconnnend  such  measures  to  them  as  he 
shall  deem  ex])edient. 

Sec.!).  He  may  convene  the  legislature  at  some  other  place  when 
the  seat  of  government  becomes  dangei'ous  from  disease  or  a  common 
enemy. 

Sec.  10.  He  shall  issue  writs  of  election  to  fill  such  vacancies  as 
occur  in  the  senate  or  house  of  representatives. 


1952  Michigan— 1850 

Spx'.  11.  He  ma}'  grant  reprieves,  commutations  and  jjardons  after 
convictions,  for  all  offenses  except  treason  and  cases  of  impeacli- 
ment,  upon  such  conditions,  and  with  such  restrictions  and  limita- 
tions, as  he  may  think  proper,  subject  to  regulations  provided  by 
law,  relative  to  the  manner  of  applying  for  pardons.  Upon  convic- 
tion for  treason,  he  may  suspend  the  execution  of  the  sentence  until 
the  case  shall  be  reporied  to  the  legislature  at  its  next  session,  when 
the  legislature  shall  either  pardon  or  commute  the  sentence,  direct 
the  execution  of  the  sentence,  or  grant  a  further  reprieA^e.  ITe  shall 
communicate  to  the  legislature  at  each  session  information  of  each 
case  of  reprieve,  commutation  or  pardon  granted,  and  the  reasons 
therefor. 

Sec.  12.  In  case  of  the  impeachment  of  the  governor,  his  removal 
from  office,  death,  inability,  resignation,  or  absence  from  the  state 
the  powers  and  duties  of  the  office  shall  devolve  upon  the  lieutenant 
governor,  for  the  residue  of  the  term,  or  until  the  disability  ceases. 
\Mien  the  governor  shall  be  out  of  the  state  in  time  of  Avar,  at  the 
head  of  a  military  force  thereof,  he  shall  continue  commander-in- 
chief  of  all  the  military  force  of  the  state. 

Sec.  13.  During  a  vacanc}^  in  the  office  of  governor,  if  the  lieutenant 
governor  die,  resign,  or  be  impeached,  displaced,  be  incapable  of  per- 
forming the  duties  of  his  office,  or  absent  from  the  state,  the  president 
pro  tempore  of  the  senate  shall  act  as  governor  until  the  vacancy  be 
filled  or  the  disability  cease. 

Sec.  14.  The  lieutenant  governor  shall,  by  virtue  of  his  office,  be 
president  of  the  senate.  In  committee  of  the  wdiole  he  may  debate  all 
questions;  and  Avlien  there  is  an  equal  division,  he  shall  give  the  cast- 
ing vote. 

Sec.  15.  No  member  of  congress,  nor  any  person  holdin.g  office  under 
the  United  States,  or  this  state,  shall  execute  the  office  of  governor. 

Sec.  16.  No  person  elected  governor  or  lieutenant  governor  shall  be 
eligible  to  any  office  or  appointment  from  the  legislature,  or  either 
house  thereof,  during  the  time  for  which  he  was  elected.  All  votes 
for  either  of  them  for  any  such  office  shall  be  void. 

<^  Sec.  17.  The  lieutenant  [goA^ernor]  and  president  of  the  senate 
pro  tempore  Avhen  performing  the  duties  of  governor,  shall  receive  the 
same  compensation  as  the  goA^ernor. 

Sec.  18.  All  official  acts  of  the  goA'ernor,  his  approval  of  the  laAvs 
excepted,  shall  be  authenticated  by  the  great  seal  of  the  state,  Avhicli 
shall  be  kept  by  the  secretary  of  state. 

Sec.  19.  All  Commissions  issued  to  persons  holding  office  under  the 
proAisions  of  this  constitution  shall  be  in  the  name  and  by  the 
authority  of  the  people  of  the  State  of  Michigan,  sealed  with  the 
great  seal  of  the  state,  signed  by  the  governor,  and  countersigned  by 
the  secretary  of  state. 


"The  word  "governor,"  after  "lieutenant"  is  omitted  in  the  engrossed  copy 
of  the  constitution. 

6Act  No.  fi.  puhlic  aots  of  1887,  i)rovlded  that  there  should  be  five  justices  of 
the  supreme  court  and  that  the  term  of  office  of  each  should  he  ten  years.  Act 
No.  250.  pul)lic  acts  of  1903.  provides  that  there  shall  l)e  eight  justices  of  the 
court  after  January  1,  1905,  whose  term  of  office  shall  be  eight  years. 


Michigan— 1850  1953 

Article  YI 
judicial  department 

Section  1.  The  judicial  power  is  vested  in  one  supreme  court,  in 
circuit  courts,  in  probate  courts,  and  in  justices  of  the  peace.  Muni- 
cipal courts  of  civil  and  criminal  jurisdicton  may  be  establshed  by 
the  legislature  in  cities. 

''  Sec.  2.  For  the  term  of  six  3'ears  and  thereafter,  until  the  legis- 
lature otherwise  provide,  the  judges  of  the  several  circuit  courts  shall 
be  judges  of  the  supreme  court,  four  of  whom  shall  constitute  a 
quorum.  A  concurrence  of  three  shall  be  necessary  to  a  final  decision. 
After  six  years  the  legislature  may  provide  by  law  for  the  organiza- 
tion of  a  supreme  court,  with  the  jurisdiction  and  poAvers  prescribed 
in  this  constitution  to  consist  of  one  chief  justice  and  three  associate 
justices,  to  be  chosen  by  the  electors  of  the  state.  Such  supreme 
court,  when  so  organized,  shall  not  be  changed  or  discontinued  by  the 
legislature  for  eight  years  thereafter.  The  judges  thereof  shall  be 
so  classified  that  l)ut  one  of  them  shall  go  out  of  office  at  the  same 
time.     The  term  of  office  shall  be  eight  years. 

Sec.  3.  The  supreme  court  shall  have  a  general  superintending  con- 
trol over  all  inferior  courts,  and  shall  have  power  to  issue  writs  of 
error,  habeas  corpus^  mandamus,  (fuo  warranto,  procedendo,  and  other 
original  and  remedial  Avrits,  and  to  hear  and  determine  the  same.  In 
all  other  cases  it  shall  have  appellate  jurisdiction  only. 

Sec.  4.  Four  terms  of  the  supreme  court  shall  be  held  annually  at 
such  times  and  places  as  may  be  designated  bj^  law. 

Sec.  5.  The  supreme  court  shall,  by  general  rules,  establish,  modify, 
and  amend  the  practice  in  such  court  and  in  the  circuit  courts,  and 
simplify  the  same.  The  legislature  shall,  as  far  as  practicable,  abol- 
ish distinctions  between  law  and  equity  proceedings.  The  office  of 
master  in  chancery  is  prohibited. 

"Sec.  6.  The  state  shall  be  divied  into  judicial  circuits,  in  each 
of  which  the  electors  thereof  shall  elect  one  circuit  judge,  who  shall 
hold  his  office  for  the  term  of  six  years,  and  until  his  successor  is 
elected  and  qualified.  The  legislature  may  provide  for  the  election 
of  more  than  one  circuit  judge  in  the  judicial  circuit  in  which  the  city 
of  Detroit  is  or  may  be  situated,  and  in  the  judicial  circuit  in  Avhich 
the  county  of  Saginaw  is  or  may  be  situated,  and  in  the  judicial  cir- 
cuit in  which  the  county  of  Kent  is  or  may  be  situated,  and  in  the 
judicial  circuit  in  which  the  county  of  St.  Clair  is  or  may  be  situated. 
And  the  circuit  judge  or  judges  of  such  circuits,  in  addition  to  the 
salary  provided  by  the  constitution,  shall  receive  from  their  respective 
counties  such  additional  salary  as  may  from  time  to  time  be  fixed  and 
determined  by  the  board  of  supervisors  of  said  county.  And  the 
board  of  supervisors  of  each  county  in  the  upper  peninsula,  and  in  the 
counties  of  Bay  and  Washtenaw  and  the  county  of  Genesee,  in  the 
lower  peninsula,  is  hereby  authorized  and  empoAvered  to  give  and  to 
pay  to  the  circuit  judge  of  the  judicial  circuit  to  which  said  county 
is  attached,  such  additional  salary  or  compensation  as  may  from  time 
to  time  be  fixed  and  determined  by  such  board  of  supervisors. 


a  As   amended   by   joint   resolution    No.    2.    public   acts,    190.5 ;    ratified    April 
election.  100.''). 

7253— VOL  3— 07 0 


1054  Michigan— 1850 

Sec.  T.  The  legislature  may  alter  the  limits  of  circuits  or  increase 
the  number  of  the  same.  No  alteration  or  increase  shall  have  the 
effect  to  remove  a  judge  from  office.  In  every  additional  circuit  estab- 
lished the  judge  shall  be  elected  by  the  electors  of  such  circuit  and  his 
term  of  office  shall  continue,  as  provided  in  this  constitution  for 
judges  of  the  circuit  court. 

"  Sec.  8.  The  circuit  court  shall  have  original  jurisdiction  in  all 
matters  civil  and  criminal  not  excepted  in  this  constitution,  and  not 
prohibited  by  law,  and  apj^ellate  jurisdiction  from  all  inferior  courts 
and  tribunals  and  a  supervisory  control  of  the  same.  They  shall  also 
have  power  to  issue  writs  of  habeas  corpus^  mandamus^  injunction, 
quo  warranto^  certioi'ari^  and  other  writs  necessary  to  carry  into  effect 
their  orders,  judgments  and  decrees,  and  give  them  general  control 
OA-er  inferior  courts  and  tribunals  within  their  respective  jurisdic- 
tions, and  in  all  such  other  cases  and  matters  as  the  supreme  court 
shall  by  rule  prescribe. 

Sec.  9.  Each  of  the  judges  of  the  circuit  courts  shall  receive  a 
salary,  payable  quarterly.  They  shall  be  ineligible  to  any  other  than 
a  judicial  office  during  the  term  for  which  they  are  elected,  and  for 
one  3'ear  thereafter.  All  votes  for  any  person  elected  such  judge  for 
any  office  other  than  judicial,  given  either  by  the  legislature  or  the 
])eople,  shall  be  void. 

Sec.  10.  The  supreme  court  may  appoint  a  reporter  of  its  decisions. 
The  decisions  of  the  supreme  court  shall  be  in  writing  and  signed  by 
the  judges  concurring  therein.  Any  judge  dissenting  therefrom  shall 
give  the  reasons  of  such  dissent  in  writing  under  his  signature.  All 
such  opinions  sliall  l^e  filed  in  the  office  of  the  clerk  of  the  supreme 
court.  The  judges  of  the  circuit  court  within  their  respective  juris- 
dictions may  fill  vacancies  in  the  office  of  county  clerk  and  of  prose- 
cuting attorne}-;  but  no  judge  of  the  supreme  court  or  circuit  court 
shall  exercise  any  other  power  of  appointment  to  public  office. 

Sec.  11.  A  circuit  court  shall  be  held  at  least  twice  in  each  year  in 
every  county  organized  for  judicial  purposes,  and  four  times  in  each 
year  in  counties  containing  ten  thousand  inhabitants.  Judges  of  the 
circuit  court  may  hold  courts  for  each  other,  and  shall  do  so  when 
required  by  law. 

^  Sec.  12.  The  clerk  of  each  county  organized  for  judicial  pur- 
poses shall  be  the  clerk  of  the  circuit  court  of  such  county.  Tlsc; 
supreme  court  shall  have  power  to  appoint  a  clerk  for  such  supreme 
court. 

Sec.  13.  In  each  of  the  counties  organized  for  judicial  purposes 
there  shall  be  a  court  of  probate.  The  judge  of  such  court  shall  be 
elected  by  the  electors  of  the  county  in  which  he  resides,  and  shall 
hold  his  office  for  four  years,  and  until  his  successor  is  elected  and 
qualified.  The  jurisdiction,  powers  and  duties  of  such  courts  shall  be 
prescribed  by  law. 

Sec.  14.  When  a  vacancy  occurs  in  the  office  of  judge  of  the 
supreme,  circuit  or  probate  court,  it  shall  be  filled  by  appointment  of 
the  governor,  which  shall  continue  until  a  successor  is  elected  and 

"As  amended  by  joint  resolution  No.  12.  public  acts,  1893;  ratified  April 
election,  1803. 

6  As  amended  by  joint  resolution  No.  5.  public  acts  1881,  ji.  408;  ratified 
Ajjril  election,  1881. 


Michigan— 1850  1955 

qualified.  "When  elected,  such  successor  shall  hold  his  office  the 
residue  of  the  unexpired  term. 

Sec.  15.  The  supreme  court,  the  circuit  and  probate  courts  of  each 
county  shall  be  courts  of  record,  and  shall  each  have  a  connnon  seal. 

Sec.  16.  The  legislature  may  provide  by  law  for  the  election  of  one 
or  more  persons  in  each  organized  county,  who  may  be  vested  with 
judicial  powers  not  exceeding  those  of  a  judge  of  the  circuit  court  at 
chambers. 

Sec.  17.  There  shall  be  not  exceeding  four  justices  of  the  peace  in 
each  organized  township.  They  shall  be  elected  by  the  electors  of  the 
townships,  and  shall  hold  their  offices  for  four  years  and  until  their 
successors  are  elected  and  qualified.  At  the  first  election  in  any  town- 
ship they  shall  be  classified  as  shall  be  prescribed  by  law.  A  justice 
elected  to  fill  a  vacancy  shall  hold  his  office  for  the  residue  of  the 
unexpired  term.  The  legislature  may  increase  the  number  of  justices 
in  cities. 

Sec.  18.  In  civil  cases,  justices  of  the  peace  shall  have  exclusive 
jurisdiction  to  the  amount  of  one  hundred  dollars,  and  concurrent 
jurisdiction  to  the  amount  of  three  hundred  dollars,  which  may  be 
increased  to  five  hundred  dollars,  Avith  such  exceptions  and  restric- 
tions as  may  be  provided  by  law.  They  shall  also  have  such  criminal 
jurisdiction  and  perform  such  duties  as  shall  l)c?  prescribed  by  the 
legislature. 

Sec.  11).  Judges  of  the  supreme  court,  circuit  judges  and  justices  of 
the  peace  shall  be  conservators  of  the  peace  Avithin  their  respective 
jurisdiction. 

Sec.  '20.  The  first  election  of  judges  of  the  circuit  courts  shall  be 
held  on  the  first  Monday  in  April,  one  thousand  eight  hundred  and 
fifty-one,  and  every  sixth  year  thereafter.  Whenever  an  additional 
circuit  is  created,  provision  shall  be  made  to  hold  the  subsequent  elec- 
tion of  such  additional  judge  at  the  regular  elections  herein  provided. 

Sec.  21.  The  first  election  of  judges  of  the  probate  courts  shall  be 
held  on  the  Tuesday  succeeding  the  first  Monday  of  November,  one 
thousand  eight  hundred  and  fifty-tw^o,  and  every  fourth  year  there- 
after. 

Sec.  22.  Whenever  a  judge  shall  remove  beyond  the  limits  of  the 
jurisdiction  for  Avhicli  he  Avas  elected,  or  a  justice  of  the  peace  from 
the  township  in  Avhich  he  Avas  elected,  or  by  a  change  in  the  bound- 
lU'ies  of  such  township  shall  be  j^laced  Avithout  the  same,  they  shall 
be  deemed  to  liaA'e  A'acated  their  respective  offices. 

Sec.  2.3.  The  legislature  may  establish  courts  of  conciliation  with 
such  powers  and  dutit's  as  shall  be  i)rescribed  by  law. 

Sec.  24.  Any  suitor  in  any  court  of  this  state  shall  have  the  right 
lo  prosecute  or  defend  his  suit,  either  in  his  OAvn  proper  person,  or 
by  an  attorney  or  agent  of  his  choice. 

Sec.  25.  In  all  prosecutions  for  libels  the  truth  may  be  giA^en  in 
evidence  to  the  jury;  and  if  it  shall  appear  to  the  jury  that  the  mat- 
ter charged  as  libelous  is  true  and  Avas  published  with  good  motives 
ancl  for  justifiable  ends,  the  party  shall  be  ac([uitted.  The  jury  shall 
have  the  right  to  determine  the  hnv  and  the  fact. 

Sec.  26.  The  person,  houses,  jiapers  and  possessions  of  CA^ery  person 
shall  be  secure  froui  unreasonable  searches  and  seizures.  Xo  Avarrant 
to  search  any  place  or  to  seize  any  person  or  things  shall  issue  without 


195G  Michigan— 1850 

de.scril)iii<^  IIhmii.  nor  without   probable  caiisc.  supported  by  oath  or 
affirinatioii. 

Sec.  27.  Tlie  right  of  trial  by  jury  shall  reniaiu  but  shall  be  deemed 
to  be  waived  in  all  civil  cases  unless  demanded  by  one  of  the  parties 
in  such'manner  as  shall  be  prescribed  by  law. 

Sec.  28.  In  ever}'  criminal  prosecution  the  accused  shall  have  tne 
right  to  a  speedy  and  public  trial  1)y  an  impartial  jury,  Avhich  may 
consist  of  less  than  twelve  men  in  all  courts  not  of  record ;  to  be 
informed  of  the  nature  of  the  accusation;  to  be  confronted  with  the 
witnesses  against  him;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favor,  and  have  the  assistance  of  counsel  for  his  defense. 

Sec.  29.  No  person  after  acquittal  upon  the  merits  shall  Ije  tried 
for  the  same  offense.  All  persons  shall,  before  conviction,  be  bailable 
by  sufficient  sureties,  except  for  murder  and  treason  when  the  proof 
is  evident  or  the  presumption  great. 

Sec.  30.  Treason  against  the  state  shall  consist  only  in  levying  war 
against  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason  unless  npon  the  testimony  of 
tAvo  witnesses  to  the  same  overt  act,  or  on  confession  in  open  court. 

Sec.  31.  Excessive  bail  shall  not  be  required;  excessive  fines  shall 
not  be  imposed;  cruel  or  unusual  punishment  shall  not  be  inflicted, 
nor  shall  witnesses  be  unreasonably  detained. 

Sec.  32.  No  person  shall  be  compelled  in  any  criminal  case  to  be  a 
witness  against  himself,  nor  be  deprived  of  life,  libert}^  or  proi:)erty, 
without  due  process  of  law. 

Sec.  33.  No  person  shall  be  imprisoned  for  debt  arising  out  of,  or 
founded  on  a  contract,  express  or  implied,  except  in  cases  of  frautl  or 
breach  of  trust,  or  of  moneys  collected  by  public  officers,  or  in  any 
professional  employment.  No  person  shall  be  imprisoned  for  a 
militia  fine  in  time  of  peace. 

Sec.  34.  No  person  shall  be  rendered  incompetent  to  be  a  witness 
on  account  of  his  opinions  on  matters  of  religious  belief. 

Sec.  35.  The  style  of  all  process  shall  be.  ''  In  the  name  oi  the 
People  of  the  State  of  Michigan.*' 

Article  VII 

elections 

"  Sectiox  1.  In  all  elections,  every  male  inhabitant  of  this  state, 
being  a  citizen  of  the  United  States,  every  male  inhabitant  residing  in 
this  state  on  the  twenty-fourth  day  of  Jinie.  eighteen  hundred  thirty- 
five,  every  male  inhabitant  residing  in  this  state  on  the  first  day  of 
January,  eighteen  hundred  fifty,  every  male  inhabitant  of  foreign 
birth  who.  having  resided  in  the  state  two  years  and  six  months  prior 
to  the  eighth  day  of  November,  eighteen  hundred  ninety-four,  and 
having  declared  his  intention  to  become  a  citizen  of  the  United  States 
two  years  and  six  months  prior  to  said  last  named  day,  and  every 
civilized  male  inhabitant  of  Indian  descent,  a  native  of  the  United 
States  and  not  a  member  of  any  tribe,  shall  be  an  elector  and  entitled 
to  vote ;  but  no  one  shall  be  an  elector  or  entitled  to  vote  at  any  elec- 
tion unless  he  shall  be  above  the  age  of  twenty-one  years,  and  has 

"As  anieiuled  by  joint  resolution  Xo.  20.  iniblic  acts  1893;  ratifled  November 
electiou,  1894. 


Michigan— 1850  1 057 

'•esided  in  this  state  six  months,  and  in  tho  township  or  ward  in  which 
lie  offers  to  vote  twenty  days  next  preceding-  such  election:  Provided. 
That  in  time  of  war,  insurrection  or  rebellion,  no  qualitied  elector  in 
the  actual  military  service  of  the  United  States,  or  of  this  state,  or 
in  the  army  or  navy  thereof,  shall  l)o  deprived  of  his  vote  by  reason 
of  his  absence  from  the  township,  ward  or  state  in  which  he  resides, 
and  the  legislature  shall  have  the  power,  and  shall  provide  the  manner 
in  which,  and  the  time  and  place  at  which  such  absent  electors  may 
vote,  and  for  the  canvass  and  return  of  their  votes  to  the  township  or 
ward  election  district  in  which  they  respectively  reside  or  otherwise. 

Sec.  2.  All  votes  shall  be  given  by  ballot,  except  for  such  township 
officers  as  may  be  authorized  by  law  to  be  otherwise  chosen. 

Sec.  3.  Every  elector,  in  all  cases,  except  treason,  felony  or  breach 
of  the  peace,  shall  be  privileged  from  arrest  during  his  attendance  at 
election,  and  in  going  to  and  returning  from  the  same. 

Sec.  4.  Xo  elector  shall  be  obliged  to  do  militia  duty  on  the  day  of 
election,  except  in  time  of  war  or  public  danger,  or  attend  court  as  a 
suitor  or  witness. 

"  Sec.  ;").  Xo  elector  shall  be  deemed  to  have  gained  or  lost  a  resi- 
dence by  reason  of  his  being  employed  in  the  service  of  the  United 
States  or  of  this  state;  nor  while  engaged  in  the  navigation  of  the 
Avaters  of  this  st-ate  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,  except  that  honorably  discharged  soldiers,  sailors 
and  marines  who  have  served  in  the  military  or  naval  forces  of  the 
United  States  or  of  this  state,  and  who  reside  in  soldiers'  homes  estab- 
lished by  this  state,  may  acquire  a  residence  "where  such  home  is 
located. 

Sec.  G.  Laws  may  be  passed  to  preserve  the  purity  of  elections  and 
guard  against  abuses  of  the  elective  franchise. 

Sec.  7.  Xo  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  in  any  military  or  naval  place  within  the  same. 

Sec.  8.  Any  inhabitant  Avho  may  hereafter  be  engaged  in  a  duel, 
either  as  principal  or  accessory  beifore  the  fact,  shall  be  dis(]ualified 
from  holding  any  office  under  the  constitution  and  laws  of  this  state, 
and  shall  not  be  permitted  to  vote  at  any  election. 

Article  VI IT 

STATE    officers 

Section  1.  There  shall  be  elected  at  each  general  biennial  election 
a  secretary  of  state,  a  superintendent  of  i)ublic  instruction,  a  state 
treasurer,  a  commissioner  of  the  land  office,  an  auditor  general,  and  an 
attorney  general  for  the  term  of  two  years.  They  shall  keep  their 
offices  at  the  seat  of  government  and  shall  ixn-form  such  duties  as 
may  be  prescribed  by  law. 

Sec.  2.  Their  term  of  office  shall  commence  on  the  first  day  of 
January,  one  thousand  eight  hundred  and  fifty-three,  and  of  every 
second  year  thereafter. 

a  As  amended  by  .joint  resolution  No.  21.  i>ul«lio  acts  1898;  ratified  Xoveini)er 
election.  1804. 


1958  Michigan— 1850 

Sec.  3.  Whenever  a  vacancy  ^hall  occur  in  any  of  the  state  offices, 
the  governor  shall  fill  the  same  by  appointment,  by  and  with  the 
advice  and  consent  of  the  senate  if  in  session. 

Sec.  4.  The  secretary  of  state,  state  treasurer,  and  commissioner  of 
the  state  land  office  shall  constitute  a  board  of  state  auditors  to  ex- 
amine and  adjust  all  claims  against  the  state,  not  otherwise  provided 
for  by  general  hnv.  They  shall  constitute  a  board  of  state  canvassers, 
to  determine  the  result  of  all  elections  for  governor,  lieutenant  gov- 
ernor and  state  officers,  and  of  such  other  officers  as  shall  by  law  be 
referred  to  them. 

Sec.  5.  In  case  two  or  more  persons  have  an  equal  and  the  highest 
number  of  votes  for  any  office,  as  canvassed  by  the  board  of  state  can- 
vassers, the  legislature  in  joint  convention  shall  choose  one  of  said 
persons  to  fill  such  office.  When  the  determination  of  the  board  of 
state  canvassers  is  contested,  the  legislature  in  joint  convention  shall 
decide  which  person  is  elected. 

Article  IX 

SALARIES 

«  Section  1.  The  governor  shall  receive  an  annual  salary  of  four 
thousand  dollars;  the  judges  of  the  circuit  court  shall  each  receive  an 
annual  salary  of  two  thousand  five  hundred  dollars;  the  state  treas- 
urer shall  receive  an  annual  salary  of  one  thousand  dollars ;  the  super- 
intendent of  public  instruction  shall  receive  an  annual  salary  of  one 
thousand  dollars ;  the  secretary  of  state  shall  receive  an  annuril  salary 
of  eight  hundred  dollars;  the  commissioner  of  the  land  office  shall 
receive  an  annual  salary  of  eight  hundred  dollars;  the  attorney  gen- 
eral shall  receive  an  annual  salary  of  eight  hundred  dollars.  They 
shall  receive  no  fees  or  perquisites  whatever  for  the  performance  of 
any  duties  connected  with  their  office.  It  shall  not  be  competent  for 
the  legislature  to  increase  the  salaries  herein  provided. 

Article  X 

COUNTIES 

Section  1.  Each  organized  county  shall  be  a  bod}^  corporate,  with 
such  powers  and  immunities  as  shall  be  established  by  law.  All 
suits  and  proceedings  by  or  against  a  county  shall  be  in  the  name 
thereof. 

Sec.  2.  Xo  organized  county  shall  ever  be  reduced  by  the  organiza- 
tion of  new^  counties  to  less  than  sixteen  townships  as  surveyed  by  the 
United  States,  unless  in  pursuance  of  law  a  majority  of  electors  resid- 
ing in  each  county  to  be  affected  thereby  shall  so  decide.  The  legisla- 
ture may  organize  any  city  into  a  separate  county,  when  it  has 
attained  a  population  of  twenty  thousand  inhabitants,  without  refer- 
ence to  geographical  extent,  when  a  majority  of  the  electors  of  a 
county  in  wdiich  such  city  may  be  situated,  voting  thereon,  shall  be  in 
favor  of  a  separate  organization. 

"As  amvndecl  by  joint  resolution  No.  2,  public  acts  1889;  ratified  April  elec- 
tion, 1880. 


Michigan— 1850  1959 

Sec.  3.  In  each  organized  county  there  shall  be  a  sheriff,  a  county 
clerk,  a  county  treasurer,  a  register  of  deeds  and  a  prosecuting  attor- 
ney, chosen  by  the  electors  thereof,  once  in  two  years,  and  as  often  as 
vacancies  shall  happen,  whose  duties  and  powers  shall  be  prescribed 
by  laAv.  The  board  of  supervisors  in  any  county  may  luiite  the  offices 
of  county  clerk  and  register  of  deeds  in  one  office,  or  disconnect  the 
same. 

Sec.  4.  The  sheriff',  county  clerk,  comity  treasurer,  judge  of  probate 
and  register  of  deeds  shall  hold  their  offices  at  the  county  seat. 

Sec.  5.  The  sheriff  shall  hold  no  other  office,  and  shall  be  incapable 
of  holding  the  office  of  sheriff  longer  than  four  in  any  period  of  six 
years.  He  may  be  required  by  law  to  renew  his  secarit}-  from  time  to 
time,  and  in  default  of  giving  such  security,  his  office  shall  be  deemed 
A'acant.     The  county  shall  never  be  responsible  for  his  acts. 

Sec.  G.  a  board  of  supervisors,  consisting  of  one  from  each  organ- 
ized toAvnship,  shall  be  established  in  each  county,  with  such  powers 
as  shall  be  prescribed  by  law. 

Sec.  7.  Cities  shall  have  such  representation  in  the  board  of  super- 
visors of  the  comities  in  Avhicli  they  are  situated  as  the  legislature  may 
direct. 

Sec.  8.  No  count}'  seat  once  established  shall  be  removed  until  the 
place  to  which  it  is  proposed  to  be  removed  shall  be  designated  by 
two-thirds  of  the  board  of  supervisors  of  the  county,  and  a  majority 
of  the  electors  voting  thereon  shall  have  voted  in  favor  of  the  pro- 
posed location,  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  0.  The  board  of  supervisors  of  any  county  may  borrow  or  raise 
by  tax  one  thousand  dollars  for  constructing  or  repairing  public 
buildings,  highways  or  bridges ;  but  no  greater  sum  shall  be  borrowed 
or  raised  by  tax  for  such  purpose  in  any  one  year,  unless  authorized 
by  a  majority  of  the  electors  of  such  county  voting  thereon. 

"  Sec.  10.  The  board  of  supervisors,  or,  in  the  counties  of  Saginaw, 
Jackson,  "WashtenaAv,  Kent,  Wayne  and  Genesee,  the  board  of  county 
auditors  shall  have  the  exclusive  power  to  fix  the  compensation  for 
all  services  rendered  for,  and  to  adjust  all  claims  against,  their  re- 
spective counties,  and  the  sum  so  fixed  and  defined  shall  l)e  subject 
to  no  ai^peal. 

Sec.  11.  The  board  of  supervisors  of  each  organized  county  may 
provide  for  laying  out  highways,  constructing  bridges,  and  organ- 
izing townships,  under  such  restrictious  and  limitations  as  shall  be 
prescribed  by  law. 

Article  XI 

TOWNSHIPS 

Section  1.  There  shall  be  elected  annually,  on  the  first  Monday  of 
April,  in  each  organized  township,  one  supervisor,  one  township  clerk, 
who  shall  l)e  (\v  officio  school  inspectoi'.  one  conunissioner  of  high- 
ways, one  township  treasurer,  one  school  inspector,  not  exceeding  four 
constables,  and  one  overseer  of  highways  for  each  highway  district, 
whose  powers  and  duties  shall  be  prescribed  by  law. 

"As  amendod  by  joint  resolution  No.  M,  public  acts  1!)0.". ;  ratified  April  elec- 
tion, 1905. 


1960  Michigan— 18r)0 

Sec.  2.  Each  organized  township  shall  he  a  body  cor^Dorate,  with 
such  powers  and  immunities  as  shall  be  prescribed  by  laAv.  All  suits 
and  proceedings  by  or  against  a  township  shall  be  in  the  name  thereof. 

Article  XI 1 

IMPEACHMENTS    AN!)    KEINIOVALS    FROM    OFFICE 

Section  1.  The  house  of  representatives  shall  have  the  sole  power 
of  impeaching  civil  officers  for  corrupt  conduct  in  office,  or  for  crimes 
or  misdemeanors;  but  a  majorit}-  of  the  members  elected  shall  be 
necessary  to  direct  an  impeachment. 

Sec.  2.  Every  impeachment  shall  be  tried  by  the  senate.  When  the 
governor  or  lieutenant  governor  is  tried,  the  chief  justice  of  the  su- 
])reme  court  shall  preside.  When  an  impeachment  is  directed,  the 
senate  shall  take  an  oath  or  affirmation  truly  and  impartially  to  try 
and  determine  the  same  according  to  the  evidence.  No  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of  the  members 
elected.  Judgment  in  case  of  impeachment  shall  not  extend  further 
than  removal  from  office,  but  the  party  convicted  shall  be  liable  to 
])unishment  according  to  law. 

Sec.  3.  When  an  impeachment  is  directed,  the  house  of  representa- 
tives shall  elect  from  their  own  body  three  members,  whose  duty  it 
shall  be  to  prosecute  such  impeachment.  No  impeachment  shall  be 
tried  until  the  final  adjournment  of  the  legislature,  when  the  senate 
shall  proceed  to  try  the  same. 

Sec.  4.  No  judicial  officer  shall  exercise  his  office  after  an  impeach- 
ment is  directed  until  he  is  acquitted. 

Sec.  5.  The  governor  may  make  a  provisional  appointment  to  fill 
a  vacancy  occasioned  by  the  suspension  of  an  officer,  until  he  shall  be 
acquitted  or  until  after  the  election  and  qualification  of  a  successor. 

Sec.  6.  For  reasonable  cause,  which  shall  not  be  sufficient  ground 
for  the  impeachment  of  a  judge,  the  governor  shall  remove  him  on 
a  concurrent  resolution  of  two-thirds  of  the  members  elected  to  each 
house  of  the  legislature;  but  the  cause  for  wdiich  such  removal  is 
required  shall  be  stated  at  length  in  such  resolution. 

Sec.  7.  The  legislature  shall  provide  by  law  for  the  removal  of  any 
officer  elected  by  a  county,  township  or  school  district,  in  such  man- 
ner and  for  such  cause  as  to  them  shall  seem  just  and  proper. 

«  Sec.  8.  The  governor  shall  have  power  and  it  shall  be  his  duty, 
except  at  such  time  as  the  legislature  may  be  in  session,  to  examine 
into  the  condition  and  administration  of  any  public  office  and  the  acts 
of  any  public  officer,  elective  or  appointed,  to  remove  from  office  for 
gross  neglect  of  duty  or  for  corrupt  conduct  in  office,  or  any  other 
misfeasance  or  malfeasance  therein,  either  of  the  following  state  offi- 
cers, to  Avit:  The  attorney  general,  state  treasurer,  commissioner  of 
the  land  office,  secretary  of  state,  auditor  general,  superintendent  of 
public  instruction  or  members  of  the  state  board  of  education,  or  any 
other  officers  of  the  state  except  legislative  and  judicial,  elective  or 
appointed,  and  to  appoint  a  successor  for  the  remainder  of  their 
respective  unexpired  term  of  office,  and  rejjort  the  causes  of  such 
removal  to  the  legislature  at  its  next  session. 


oAs  amendod  by  joint  rpsnlntion  No.  ^^\  laws  of  ISni.  p.  r),S,S ;  ratified  olocfioii 
of  1862. 


Michiqnn~1850  1961 

Article  XIII 

EDUCATION 

Section  1.  The  superintendent  of  public  instruction  shall  have  the 
general  supervision  of  public  instruction,  and  his  duties  sliall  be  pre- 
scribed by  law. 

Sec.  2.  The  proceeds  from  the  sales  of  all  lands  that  have  been  or 
hereafter  may  be  granted  by  the  United  States  to  the  state  for  educa- 
tional purposes,  and  the  proceeds  of  all  lands  or  other  property  given 
by  individuals  or  appropriated  by  the  state  for  like  purposes,  shall  be 
and  remain  a  perpetual  fund,  the  interest  and  income  of  which, 
together  with  the  rents  of  all  such  lands  as  may  remain  unsold,  shall 
be  inviolably  appropriated  and  annually  applied  to  the  specific 
objects  of  the  original  gift,  grant  or  a])pro])riation. 

Sec.  3.  All  lands  the  titles  to  Avhich  shall  fail  from  a  defect  of  heirs, 
shall  escheat  to  the  state,  and  the  interest  on  the  clear  proceeds  from 
the  sales  thereof  shall  be  appropriated  exclusively  to  the  support  of 
l^rimary  schools. 

Sec.  4.  The  legislature  shall,  within  five  years  from  the  adoption  of 
this  constitution,  provide  for  and  establish  a  system  of  primary 
schools,  whereby  a  school  shall  be  kept  without  charge  for  tuition  at 
least  three  months  in  each  year  in  every  school  district  in  the  state, 
and  all  instruction  in  said  school  shall  be  conducted  in  the  English 
language. 

Sec.  5.  A  school  shall  be  maintained  in  each  school  district  at  least 
three  months  in.  each  year.  Any  school  district  neglecting  to  main- 
tain such  school  shall  be  deprived,  for  the  ensuing  year,  of  its  propor- 
tion of  the  income  of  the  primarv  school  fund  and  of  all  funds  aris- 
ing from  taxes  for  the  support  of  schools. 

"  Sec.  G.  There  shall  be  elected  in  the  year  eighteen  hundred  and 
sixty- three,  at  the  time  of  the  election  of  a  justice  of  the  supreme 
court,  eight  regents  of  the  university,  tAvo  of  whom  shall  hold  their 
office  for  two  years,  two  for  four  years,  two  for  six  years,  and  two  for 
eight  years.  They  shall  enter  upon  the  duties  of  their  office  on  the 
first  of  January  next  succeeding  their  election.  At  every  regular 
election  of  a  justice  of  the  supreme  court  thereafter  there  shall  be 
elected  two  regents  whose  term  of  office  shall  be  eight  years.  When 
a  vacancy  shall  occur  in  the  office  of  regent,  it  shall  be  filled  by  ap- 
pointment of  the  governor.  The  regents  thus  elected  shall  constitute 
the  board  of  regents  of  the  university  of  Michigan. 

Sec.  7.  The  regents  of  the  university  and  their  successors  in  office 
shall  continue  to  constitute  the  l)ody  corjiorate,  known  by  the  uanu^ 
and  title  of  "  The  Regents  of  the  University  of  Michigan." 

Sec.  8.  The  regents  of  the  university  shall,  at  their  lirst  aimuai 
meeting,  or  as  soon  thereafter  as  may  l»e.  elect  a  president  of  the  uni- 
versity, who  shall  be  c.r  o-fficlo  a  member  of  theii'  board,  with  the 
privilege  of  si)eaking  but  not  of  A'oting.  He  shall  i)reside  at  the 
meetings  of  the  regents  and  be  the  princijial  executive  officer  of  the 
university.  The  board  of  regents  shall  have  the  general  supervision 
of  the  university,  and  the  direction  and  control  of  all  expenditures 
from  the  university  interest  fund. 


oAs  amendod  by  joint  rcsoUitioii  Xo.  17.  Inws  of  ISCI.  ]..  .ISO;,  ratified  cleftion 
of  1862. 


1962  Michiganr~1850 

Sec.  9.  There  shall  be  elected  at  the  general  election  in  the  year  one 
thousand  eight  hundred  and  fifty-two  three  members  of  a  state  board 
of  education ;  one  for  two  years,  one  for  four  years,  and  one  for  six 
years ;  and  at  each  succeeding  biennial  election  there  shall  be  elected 
one  member  of  such  board,  who  shall  hold  his  office  for  six  years. 
The  superintendent  of  public  instruction  shall  be  ex  o-fficio  a  member 
and  secretary  of  such  board.  The  board  shall  have  the  general  super- 
vision of  the  state  normal  school,  and  their  duties  shall  be  prescribed 
by  law. 

Sec.  10.  Institutions  for  the  benefit  of  those  inhabitants  who  are 
deaf,  dumb,  blind,  or  insane  shall  alwa^'s  be  fostered  and  supported. 

Sec.  11.  The  legislature  shall  encourage  the  promotion  of  intel- 
lectual, scientific  and  agricultural  improvements;  and  shall,  as  soon 
as  practicable,  provide  for  the  establishment  of  an  agricultural  school. 
The  legislature  may  appropriate  the  twenty-two  sections  of  salt 
spring  lands  now  unappropriated,  or  the  money  arising  from  the  sale 
of  the  same,  where  such  lands  have  been  already  sold,  and  an}-  land 
which  may  hereafter  be  granted  or  appropriated  for  such  purpose 
for  the  support  and  maintenance  of  such  school,  and  may  make  the 
same  a  branch  of  the  university,  for  instruction  in  agriculture  and 
the  natural  sciences  connected  therewith,  and  place  the  same  under 
the  supervision  of  the  regents  of  the  university, 

"  Sec.  12.  The  legislature  shall  also  provide  for  the  establishment 
of  at  least  one  library  iji  each  township  and  city,  and  all  fines  assessed 
and  collected  in  the  several  counties  and  townships  for  any  breach 
of  the  penal  laws  shall  be  exclusively  applied  to  the  support  of  such 
libraries,  unless  otherwise  ordered  by  the  township  board  of  any 
township  or  the  board  of  education  of  any  city:  Provided.,  That  in 
no  case  shall  such  fines  be  used  for  other  than  library  or  school 
purposes. 

Article  XIV 
finance  and  taxation 

Section  1.  All  specific  state  taxes,  except  those  received  from  the 
mining  companies  of  the  upper  peninsula,  shall  be  applied  in  paying 
the  interest  upon  the  primary  school,  university  and  other  educa- 
tional funds  and  the  interest  and  jDrincipal  of  the  state  debt  in  the 
order  herein  recited,  uiftil  the  extinguishment  of  the  state  debt,  other 
than  the  amounts  due  to  educational  funds,  when  such  specific  taxes 
shall  be  added  to,  and  constitute  a  part  of  the  primary  school  interest 
fund.  The  legislature  shall  provide  for  an  annual  tax,  sufficient  with 
other  resources,  to  pay  the  estimated  expenses  of  the  state  govern- 
ment, the  interest  of  the  state  debt  and  such  deficiency  as  may  occur 
in  the  resources. 

Sec.  2.  The  legislature  shall  provide  by  la.w  a  sinking  fund  of  at 
least  twenty  thousand  dollars  a  year,  to  commence  in  eighteen  hun- 
dred and  fifty-two,  with  compound  interest  at  the  rate  of  six  per  cent 
per  annum  and  an  annual  increase  of  at  least  five  per  cent  to  be 
applied  solely  to  the  payment  and  extinguishment  of  the  principal 
of  the  state  debt,  other  than  the  amounts  due  to  educational  funds, 

oAs  amended  by  joint  resolution  No.  25,  public  acts  1879,  p.  312 ;  ratified  April 
election.  ISSi. 


Michigan— 1860  1963 

and  shall  be  continued  until  the  extinguishment  thereof.  The  un- 
funded debt  shall  not  be  funded  or  redeemed  at  a  value  exceeding 
that  established  by  law  in  one  thousand  eight  hundred  and  forty- 
eight. 

Sec.  3.  The  state  may  contract  debts  to  meet  deficits  in  revenue. 
Such  debts  shall  not  in  the  aggregate  at  any  one  time  exceed  fifty 
thousand  dollars.  The  moneys  so  raised  shall  be  ajDplied  to  the  pur- 
poses for  which  they  were  obtained,  or  to  the  payment  of  debts  so 
contracted. 

Sec.  4.  The  state  may  contract  debts  to  repel  invasion,  suppress 
insurrection,  or  defend  the  state  in  time  of  Avar.  The  money  arising 
from  the  contracting  of  such  debts  shall  be  applied  to  the  purposes 
for  which  it  was  raised,  or  to  rejjay  such  debts. 

Sec.  5.  Xo  money  shall  be  paid  out  of  the  treasury  except  in  pursu- 
ance of  ajjpropriations  made  by  law. 

Sec.  G.  The  credit  of  the  state  shall  not  be  granted  to,  or  in  aid  of, 
any  j^erson,  association  or  corporation. 

Sec.  7.  No  scrip,  certificate,  or  other  evidence  of  state  indebtedness 
shall 'be  issued,  except  for  the  redemption  of  stock  previously  issued, 
or  for  such  debts  as  are  expressly  authorized  in  this  constitution. 

Sec.  8.  The  state  shall  not  subscribe  to,  or  be  interested  in,  the 
stock  of  any  company,  association  or  corporation. 

<^  Sec.  9.  The  state  shall  not  be  a  party  to,  nor  interested  in,  any 
work  or  internal  improvement,  nor  engaged  in  carrj'ing  on  any  such 
work,  except  in  the  improvement  of  or  aiding  in  the  improvement  of 
the  public  wagon  roads  and  in  the  expenditure  of  grants  to  the  state 
of  land  or  other  property:  Provided ^.howerei\  That  the  legislature  of 
the  state,  by  approjDriate  legislation,  may  authorize  the  city  of  Grand 
Rapids  to  issue  its  bonds  for  the  improvement  of  Grand  river. 

^  Sec.  10.  The  state  ma}-  continue  to  collect  all  specific  taxes  accru- 
ing to  the  treasury  under  existing  laws.  The  legislature  may  provide 
for  the  collection  of  specific  taxes  from  corporations.  The  legisla- 
ture ma}'  provide  for  the  assessment  of  the  propert}'  of  corporations, 
at  its  true  cash  value  by  a  state  board  of  assessors  and  for  the  levying 
and  collection  of  taxes  thereon.  All  taxes  hereafter  levied  on  the 
property  of  such  classes  of  corporations  as  are  paj'ing  specific  taxes 
under  laws  in  force  on  November  sixth,  A.  D.,  nineteen  hundred, ' 
shall  be  applied  as  provided  for  specific  state  taxes  in  section  one  of 
this  article. 

^  Sec.  11,  The  legislature  shall  provide  a  uniform  rule  of  taxation, 
except  on  property  paying  specific  taxes,  and  taxes  shall  be  levied  on 
such  i^roperty  as  shall  be  prescribed  by  law :  Provided^  That  the  legis- 
lature shall  provide  an  uniform  rule  of  taxation  for  such  property  as 
shall  be  assessed  by  a  state  board  of  assessors,  and  the  rate  of  taxation 
on  such  property  shall  be  the  rate  which  the  state  board  of  assessors 
shall  ascertain  and  determine  is  the  average  rate  levied  upon  other 
property  upon  which  ad  valorem  taxes  are  assessed  for  state,  county, 
township,  school  and  municipal  purposes. 

Sec.  12.  All  assessments  hereafter  authorized  shall  l)e  on  property 
at  its  cash  value. 

oAs  amended  by  joint  resolution  Xo.  4.  pulilic  acts  1905;  ratified  April  elec- 
tion, 19(1."). 

&As  amended  by  joint  resolution  No.  1,  extra  session  of  1900;  ratified  Novem- 
ber election,  1900. 


1964  Michigan— 18S0 

*  Sec.  13.  In  the  year  one  thousand  nine  hundred  and  one,  and 
eA'ery  fifth  year  tliereafter,  and  at  such  other  times  as  the  h^gislature 
may  direct,  the  legislature  shall  provide  for  an  equalization  of  assess- 
ments by  a  state  board,  on  all  taxable  property,  except  that  taxed 
under  laws  passed  pursuant  to  section  10  of  this  article. 

Sec.  14.  Every  hnv  which  imposes,  continues  or  revives  a  tax  shall 
distinctly  state  the  tax,  and  the  objects  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  XV 

CORPORATIONS 

^  Section  1.  Corporations  may  be  formed  under  general  laws,  but 
shall  not  be  created  by  special  act  except  for  municipal  purposes.  All 
laws  passed  pursuant  to  this  section  may  be  amended,  altered  or  re- 
pealed. But  the  legislature  may,  by  a  vote  of  two-thirds  of  the  mem- 
bers elected  to  each  house,  create  a  single  bank  with  branches. 

^  Sec  2.  No  general  banking  law"  shall  have  effect  until  th^  same 
shall,  after  its  passage,  be  submitted  to  a  vote  of  the  electors  of  the 
state, at  a  general  election  and  be  approved  by  a  majority  of  the  votes 
cast  thereon  at  such  election. 

''  Sec.  3.  The  officers  and  stockholders  of  every  corporation  or  as- 
sociation for  banking  purposes,  issuing  bank  notes  or  paper  credits  to 
circulate  as  money,  shall  be  individually  liable  for  all  debts  con- 
tracted during  the  term  of  their  being  officers  or  stockholders  of  such 
corporation  or  association,  equally  and  ratably  to  the  extent  of  their 
respective  shares  of  stock  in  any  such  corporation  or  association. 

'^  Sec.  4.  For  all  banks  organized  under  general  laws,  the  legisla- 
ture shall  provide  for  the  registry  of  all  bills  or  notes  issued  or  put  in 
circulation  as  money,  and  shall  require  security  to  the  full  amount  of 
notes  and  bills  so  registered,  in  state  or  United  States  stocks  bearing 
interest,  which  shall  be  deposited  with  the  state  treasurer  for  the  re- 
demption of  such  bills  or  notes  in  specie. 

Sec.  5.  In  case  of  the  insolvency  of  any  bank  or  banking  associa- 
tion, the  billholders  thereof  shall  be  entitled  to  preference  in  payment 
over  all  other  creditors  of  such  bank  or  association. 

Sec.  6.  The  legislature  shall  pass  no  law  authorizing  or  sanction- 
ing the  suspension  of  specie  payments  by  any  person,  association  or 
corporation. 

Sec.  7.  The  stockholders  of  all  corporatioi^s  and  joint  stock  associa- 
tions shall  be  individually  liable  for  all  labor  performed  for  such  cor- 
poration or  association. 

Sec.  8.  The  legislature  shall  pass  no  law  altering  or  amending  any 
act  of  incorporation  heretofore  granted,  Avithout  the  assent  of  two- 
thirds  of  the  members  elected  to  each  house ;  nor  shall  any  such  act  be 
renewed  or  extended.  This  restriction  shall  not  apply  to  municipal 
corporations. 

"As  ainended  by  joint  resolution  No.  1,  extra  session  1900;  ratified  November 
election,  1900. 

&  As  amended  by  joint  resolution  No.  1,  laws  of  1801,  p.  589;  ratified  elec- 
tion, 18G2. 

c  As  amended  by  joint  resolution  No.  11,  laws  of  1859 ;  p.  1100 ;  ratified  elec- 
tion, 1860. 


Michigan— 1850  1965 

Sec.  0.  The  property  of  no  person  shall  hv.  taken  by  any  corpora 
tion  for  public  use,  Avithoiit  com])ensation  beinjji;  first  made  or  secured, 
in  such  manner  as  may  l)e  prescribed  by  law. 

*Sec.  10.  No  corporation  except  for  municipal  purposes  or  for 
the  construction  of  railroads,  plank  roads  and  canals,  shall  be  created 
for  a  lontjer  time  than  thirty  years;  but  the  legislature  may  provide 
by  general  laws,  applicable  to  any  corporations,  for  one  or  more  exten- 
sions of  the  term  of  such  corporations  while  such  term  is  running,  not 
exceeding  thirty  years  for  each  extension,  on  the  consent  of  not  less 
than  a  two-thirds  majority  of  the  capital  of  the  cor[)orati()n;  and  by 
like  general  hiAvs  for  the  corporate  reorganization  for  a  further 
period,  not  exceeding  thirty  years,  of  such  corporations  whose  terms 
have  expired  by  limitation,  on  the  consent  of  not  less  than  four-fifths 
of  the  capital :  Prodded,  That  in  cases  of  corporations  where  there  is 
no  capital  stock,  the  legislature  may  provide  the  manner  in  Avhich 
such  cor])orations  may  be  reorganized. 

Sec,  11.  The  term  ''corporations,"  as  used  in  the  preceding  sections 
of  this  article,  shall  be  construed  to  include  all  associations  and  joint 
.stock  companies  having  any  of  the  powers  or  privileges  of  corpora- 
tions, not  possessed  by  individuals  or  partnersliips.  All  corporations 
shall  have  the  right  to  sue  and  be  subject  to  be  sued  in  all  courts  in 
like  cases  as  natural  persons. 

Sec.  12.  No  corporation  shall  hold  an}'  real  estate,  hereafter  ac- 
quired, for  a  longer  period  than  ten  years,  except  such  real  estate  as 
shall  be  actually  occupied  by  such  corporation  in  the  exercise  of  its 
franchises. 

Sec.  13.  The  legislature  shall  provide  for  the  incorporation  and 
organization  of  cities  and  villages,  and  shall  restrict  their  powers  of 
taxation,  borrowing  money,  contracting  debts,  and  loaning  their 
credit. 

Sec.  1-1.  Judicial  officers  of  cities  and  villages  shall  be  elected  and 
all  other  officers  shall  be  elected  or  appointed  at  such  time  and  in 
such  manner  as  the  legislature  may  direct. 

Sec.  15.  Private  property  shall  not  be  taken  for  public  improve- 
ments in  cities  and  villages  without  the  consent  of  the  owner,  unless 
the  compensation  therefor  shall  first  be  determined  by  a  jury  of  free- 
liolders  and  actuall}'^  paid  or  secured  in  the  manner  provided  b}'  law. 

Sec.  16.  Previous  notice  of  any  application  for  an  alteration  of  the 
charter  of  any  corporation  shall  be  given  in  such  nuinner  as  may  be 
prescribed  by  law. 

Article  XVI 

EXEMPTIONS 

Section  1.  The  personal  property'  of  every  resident  of  this  state,  to 
consist  of  such  property  only  as  shall  be  designated  by  law,  shall  be 
exempted  to  the  amount  of  not  less  than  five  Inuuh'ed  dollars  from 
sale  on  execution  or  other  final  process  of  any  court,  issued  for  the 
collection  of  any  debt  contracted  after  the  ado])tion  of  this  consti- 
tution. 


"As  aniended  by  joint  resolution  No.  3,  public  acts  1889;  ratified  Ai)ril  elec- 
tion. 1889. 


1966  Michigan— 1850 

Sec.  2.  Every  homestead  of  not  exceeding  forty  acres  of  land,  and 
the  dwelling  house  thereon,  and  the  appurtenances  to  be  selected  by 
the  owner  thereof,  and  not  included  in  any  town  plat,  city  or  village; 
v)r  instead  thereof,  at  the  option  of  the  owner,  any  lot  in  any  city,  vil- 
lage, or  recorded  town  plat,  or  such  parts  of  lots  as  shall  be  equal 
thereto,  and  the  dwelling  house  thereon,  and  its  appurtenances,  owned 
and  occupied  by  any  resident  of  the  state,  not  exceeding  in  value 
fifteen  hundred  dollars,  shall  be  exempt  from  forced  sale  on  execu- 
tion, or  any  other  final  process  from  a  court,  for  any  debt  contracted 
after  the  adoption  of  this  constitution.  Such  exemption  shall  not 
extend  to  any  mortgage  thereon,  lawfully  obtained ;  but  such  mort- 
gage or  other  alienation  of  such  land  by  the  owner  thereof,  if  a  mar- 
ried man,  shall  not  be  valid  without  the  signature  of  the  wife  to  the 
same. 

Sec.  3.  The  homestead  of  a  family  after  the  death  of  the  owner 
thereof,  shall  be  exempt  from  the  payment  of  his  debts  contracted 
after  the  adoption  of  this  constitution,  in  all  cases  during  the  minority 
of  his  children. 

Sec.  4.  If  the  owner  of  a  homestead  die,  leaving  a  widow,  but  no 
children,  the  same  shall  be  exempt,  and  the  rents  and  profits  thereof 
shall  accrue  to  her  benefit  during  the  time  of  her  widowhood,  unless 
she  be  the  owner  of  a  homestead  in  her  own  right. 

Sec.  5.  The  real  and  personal  estate  of  every  female,  acquired  be- 
fore marriage,  and  all  property  to  which  she  may  afterwards  become 
entitled,  by  gift,  grant,  inheritance  or  devise,  shall  be  and  remain  the 
estate  and  property  of  such  female,  and  shall  not  be  liable  for  the 
debts,  obligations  or  engagements  of  her  husband,  and  may  be  devised 
or  bequeathed  by  her  as  if  she  were  unmarried. 

Article  XVII 


"  Sectiox  1.  The  militia  shall  be  composed  of  all  able  bodied  male 
citizens,  between  the  ages  of  eighteen  and  forty-five  years,  except  such 
as  are  exempted  by  the  laws  of  the  United  States  or  of  this  state; 
but  all  such  citizens,  of  any  religious  denomination  whatever,  who, 
from  scruples  of  conscience,  may  be  averse  to  bearing  arms,  shall  be 
excused  therefrom  upon  such  conditions  as  shall  be  prescribed  by  law. 

Sec.  2.  The  legislature  shall  provide  by  law  for  organizing,  equip- 
ping and  disciplining  the  militia,  in  such  manner  as  they  shall  deem 
expedient,  not  incompatible  with  the  laws  of  the  United  States. 

Sec.  3.  Officers  of  the  militia  shall  be  elected  or  appointed  and  be 
commissioned  in  such  manner  as  may  be  provided  by  law. 

Article  XVIII 

MISCELLANEOUS    PROVISIOXS 

Section  1.  Members  of  the  legislature,  and  all  officers,  executive 
and  judicial,  except  such  officers  as  may  by  law  be  exempted,  shall, 
before  they  enter  on  the  duties  of  their  respective  offices,  take  and 
subscribe  the  following  oath  or  affirmation :  "  I  do  solemnly  swear 

a  As  amended  bv  joint  resolution  No.  42.  laws  of  18C9.  p.  425:  ratified  election 
of  1870. 


Michigan~1850  1967 

(or  affirm)  that  I  Avill  Mipport  the  constitution  of  the  United  States 
and  the  constitution  of  this  state,  and  that  I  will  faithfully  discharge 

the  duties  of  the  office  of accordino-  to  the  best  of  my  ability."' 

And  no  other  oath,  declaration  or  test  shall  be  required  as  a  qualifica- 
tion for  any  office  or  public  trust. 

°  Sec.  2.  AVhen  private  property  is  taken  for  the  use  or  benefit  of 
the  public,  the  necessity  for  using  such  property-  and  the  just  compen- 
sation to  be  made  therefor,  except  when  to  be  made  by  the  state,  shall 
be  ascertained  by  a  jury  of  twelve  freeholders,  residing  in  the  vicinity 
of  such  property,  or  by  not  less  than  three  commissioners,  appointed 
by  a  court  of  record,  as  shall  be  prescribed  by  law:  Pror'tded,  The 
foregoing  provision  shall  in  no  case  be  construed  to  apply  to  the 
action  of  commissioners  of  highways  in  the  official  discharge  of  their 
<luty  as  higliAvay  commissioners. 

Sec.  3.  No  mechanical  trade  shall  hereafter  be  taught  to  convicts 
in  the  state  prison  of  this  state,  except  the  manufacture  of  those 
articles  of  Avhich  the  chief  supply  for  home  consumption  is  imported 
from  other  states  or  counties. 

Sec.  4.  Xo  navigable  stream  in  this  state  shall  be  cither  bridged  or 
dammed  without  authority  from  the  board  of  supervisors  of  the 
proper  count}'  under  the  provisions  of  law.  No  such  law  shall 
prejudice  the  right  of  individuals  to  the  free  navigation  of  such 
streams  or  preclude  the  state  from  the  further  improvement  of  the 
navigation  of  such  streams. 

Sec.  5.  An  accurate  statement  of  the  receipts  and  expenditures  of 
the  public  moneys  shall  be  attached  to,  and  ])ublished  Avith  the  laws 
at  every  regular  session  of  the  legislature. 

Sec.  G.  The  laws,  public  records,  and  the  written  judicial  and 
legislative  proceedings  of  the  state  shall  be  conducted,  promulgated 
and  preserved  in  the  English  language. 

Sec.  7.  Every  person  has  a  right  to  bear  arms  for  the  defense  of 
himself  and  the  state. 

Sec.  8.  The  military  shall  in  all  cases,  and  at  all  times,  be  in  strict 
subordination  to  the  civil  power. 

Sec  9.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner  or  occupant,  nor  in  time  of  war, 
except  in  a  manner  prescribed  by  law. 

Sec.  10.  The  people  have  the  right  peaceably  to  assemble  together 
to  consult  for  the  common  good,  to  instruct  their  representatives, 
and  to  petition  the  legislature  for  redress  of  grievances. 

Sec  11.  Neither  slavery  nor  involuntary  servitude,  unless  for  the 
punishment  of  crime,  shall  ever  be  tolerated  in  this  state. 

Sec  12.  No  lease  or  grant  hereafter  of  agricultural  land  for  a 
longer  period  than  twelve  years,  reserving  any  rent  or  service  of 
any  kind,  shall  be  valid. 

Sec  13.  Aliens  who  are  or  Avho  may  hereafter  become,  bona  fde 
residents  of  this  state,  shall  enjoy  the  same  rights  in  respect  to  the 
possession,  enjoyment  and  inheritance  of  property,  as  native  born 
citizens. 

Sec  14.  The  property  of  no  person  shall  be  taken  for  public  use 
without  just  compensation  therefor.     Private  roads  may  be  opened 

n  As  aiuendecl  by  .ioint  resolution  No.  14,  laws  of  1859,  p.  1102 ;  ratified  elec- 
tion of  18G0. 


1968  Michigan— 1850 

in  the  manner  (o  be  j^rescribed  by  law:  but  in  every  case  the  necessit}' 
of  the  road  and  the  amount  of  all  damages  to  be  sustained  by  the 
opening  thereof  shall  be  first  determined  by  a  jury  of  free-holders; 
and  such  amount,  together  with  the  expenses  of  proceedings,  shall 
be  paid  by  the  person  or  }iersons  to  be  benefited. 

Sec.  15.  Xo  general  revision  of  the  laws  shall  hereafter  be  made. 
When  a  reprint  thereof  becomes  necessary,  the  legislature  in  joint  con- 
vention shall  appoint  a  suitable  person  to  collect  together  such  acts 
and  parts  of  acts  as  are  in  force,  and,  without  alteration,  arrange  them 
under  appropriate  heads  and  titles.  The  law  so  arranged  shall  be 
submitted  to  two  commissioners  appointed  by  the  governor  for  exam- 
ination, and  if  certified  by  them  to  be  a  correct  compilation  of  all 
general  laws  in  force,  shall  be  printed  in  such  manner  as  shall  be 
prescribed  by  law. 

Articlk  XIX 

UPPER    PENINSULA 

«  Section  1.  The  counties  of  Mackinac.  Chippewa,  Delta,  Mar- 
quette, Schoolcraft,  Houghton  and  Ontonagon,  and  the  islands  and 
territory  thereunto  attached,  the  islands  of  Lake  Superior,  Huron, 
and  Michigan,  and  in  Green  Bay  and  the  Straits  of  Mackinac  and  the 
River  Ste.  Marie,  shall  constitute  a  separate  judicial  district,  and  be 
entitled  to  a  district  judge  and  district  attorney. 

^  Sec.  2.  The  district  judge  shall  be  elected  by  the  electors  of  such 
district,  and  shall  perform  the  same  duties  and  possess  the  same  pow- 
ers as  a  circuit  judge  in  his  circuit,  and  shall  hold  his  office,  for  the 
same  period. 

'^  Sec.  3.  The  district  attorney  shall  be  elected  every  two  years  by 
the  electors  of  the  district,  shall  perform  the  duties  of  prosecuting 
attorney  throughout  the  entire  district,  and  may  issue  warrants  for 
the  arrest  of  offenders  in  cases  of  felony,  to  be  proceeded  with  as  shall 
be  prescribed  by  law. 

Sec.  4.  Such  judicial  district  shall  be  entitled  at  all  times  to  at 
least  one  senator,  and  until  entitled  to  more  by  its  population,  it  shall 
have  three  members  of  the  house  of  representatives,  to  lie  apportioned 
among  the  several  counties  by  the  legislature. 

Sec.  5.  The  legislature  may  provide  for  the  payment  of  the  district 
judge  a  salary  not  exceeding  one  thousand  dollars  a  year,  and  of  the 
district  attorney  not  exceeding  seven  hundred  dollars  a  year;  and  may 
allow  extra  compensation  to  the  members  of  the  legislature  from  such 
territory,  not  exceeding  two  dollars  a  day  during  any  session. 

^  Sec.  6.  That  elections  for  all  district  or  county  officers,  state  sena- 
tors or  representatives,  wnthin  the  boundaries  defined  in  this  article, 
shall  take  place  on  the  Tuesday  succeeding  the  first  ^Monday  of 
November  in  the  respective  years  in  which  they  may  be  required. 
The  county  canvass  shall  be  held  on  the  first  IMonday  thereafter,  and 
the  district  canvass  on  the  third  Monday  of  said  Xovember. 

a  See  act  150.  laws  1863.  p.  281. 

6  See  act  150,  laws  1863.  p.  281.     See  Schedule.  Sec  26. 
<•  See  act  191,  laws  of  1865.  p.  320. 

^As  amendecl  by  joint  resolution  No.  IT.  laws  of  1861.  p.  .ISit;  rutitied  election 
of  1862. 


Michigan— 1860  19(59 

Sec.  7.  One-half  of  the  taxes  received  into  the  treasury  from  mining 
corporations  in  the  upper  peninsula,  paying  an  annual  state  tax  of 
one  per  cent  shall  be  paid  to  the  treasurers  of  the  counties  from  which 
it  is  received,  to  be  applied  for  township  and  county  purposes,  as  pro- 
vided by  law.  The  legislature  shall  have  power,  after  the  year  one 
thousand  eight  hundred  and  fifty-five,  to  reduce  the  amount  to  be 
lefunded. 

Sec.  8.  The  legislature  may  change  the  location  of  the  state  prison 
fi'oni  Jackson  to  the  upper  peninsula. 

Sec.  0.  The  charters  of  the  several  mining  corporations  may  be 
modified  by  the  legislature,  in  regard  to  the  term  limited  for  subscrib- 
ing to  stock,  and  in  relation  to  the  quantity  of  land  which  a  corpora- 
lion  shall  hold;  but  the  capital  shall  not  be  increased,  nor  the  time 
for  the  existence  of  charters  extended.  No  such  corporation  shall  be 
permitted  to  purchase  or  hold  any  real  estate,  except  such  as  shall  be 
necessary  for  the  exercise  of  its  corporate  franchises. 

Article  XIX-A" 
railroads 

Section  1.  The  legislature  may,  from  time  to  time,  pass  laws  estab- 
lishing reasonable  maximum  rates  of  charges  for  the  transportation 
of  passengers  and  freight  on  different  railroads  in  this  state,  and  shall 
]irohibit  running  contracts  between  such  railroad  companies  whereby 
discrimination  is  made  in  favor  of  either  of  such  companies  as  against 
other  companies  owning  connecting  or  intersecting  lines  of  railroad. 

Sec.  2.  Xo  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  place 
except  upon  public  notice  given  of  at  least  sixt}'  days  to  all  stock- 
holders, in  such  manner  as  shall  be  provided  by  law. 

Article  XX 

AMENDMENT  AND  REVISION   OF  THE   CONSTITUTION 

Section  1.''  Any  amendment  or  amendments  to  this  constitution 
may  be  proposed  in  the  senate  or  house  of  representatives.  If  the 
same  shall  be  agreed  to  by  two-thirds  of  the  members  elected  to  each 
house,  such  amendment  or  amendments  shall  be  entered  on  the  jour- 
nals respectively,  with  the  yeas  and  nays  taken  thereon,  and  the  same 
shall  be  submitted  to  the  electors  at  the  next  spring  or  autumn  elec- 
tion thereafter,  as  the  legislature  shall  direct;  and  if  a  majority  of 
electors  qualified  to  \'()te  for  members  of  the  legislatinre  voting 
thereon  shall  ratify  and  approve  such  amendment  or  amendments,  the 
same  shall  become  ]iart  of  the  constitution. 

<■  Sec.  2.  At  the  general  election  to  be  held  in  the  year  one  thou- 
sand eight  hundred  and  sixty-six,  and  in  each  sixteenth  year  there- 


"  SiUiniitted  hv  ioiiit  resohition  Xo.  1,  laws  of  1S70,  p.  1?,;  ratified  election  of 
1S70. 

'^  As  amended  \<y  joint  resolution  No.  L".t.  i»nldi«-  aets  187.''),  p.  .SIO ;  ratified 
election  of  1S7C.. 

'•As  amended  In  joint  resolution  Xo.  17.  laws  of  1801.  p.  589;  ratified  election 
of  1862. 

7253 — vol,  ;i — 07 1(1 


1970  Michigan— 1850 

after,  and  also  at  such  other  times  as  the  legislature  may  by  law  pro- 
vide, the  question  of  the  general  revision  of  the  constitution  shall  be 
submitted  to  the  electors  qualified  to  vote  for  members  of  the  legisla- 
ture, and  in  case  a  majority  of  the  electors  so  qualified,  voting  at  such 
election,  shall  decide  in  favor  of  a  convention  for  such  purpose,  the 
-legislature,  at  the  next  session,  shall  provide  by  law  for  the  election  of 
such  delegates  to  such  convention.  All  the  amendments  shall  take 
effect  at  the  commencement  of  the  year  after  their  adoption. 

SCHEDULE 

That  no  inconvenience  may  arise  from  the  changes  in  the  constitu- 
tion of  this  state,  and  in  order  to  carry  the  same  into  comj^lete  oper- 
ation, it  is  hereby  declared  that 

Section  1.  The  common  law  and  the  statute  law^s  now  in  force,  not 
repugnant  to  this  constitution,  shall  remain  in  force  until  they  expire 
by  their  own  limitations,  or  are  altered  or  repealed  by  the  legislature. 

Sec.  2.  All  writs,  actions,  causes  of  action,  prosecutions  and  rights 
of  individuals,  and  of  bodies  corporate,  and  of  the  state,  and  all  char- 
ters of  incorporation,  shall  continue,  and  all  indictments  which  shall 
have  been  found  or  which  may  hereafter  be  found,  for  any  crime  or 
offense  committed  before  the  adoption  of  this  constitution,  may  be 
proceeded  upon  as  if  no  change  had  taken  place.  The  several  courts, 
except  as  herein  otherwise  provided,  shall  continue  with  the  like  pow- 
ers and  jurisdiction,  both  at  law  and  in  equity,  as  if  this  constitution 
had  not  been  adopted,  and  until  the  organization  of  the  judicial 
department  under  this  constitution. 

Sec.  3.  That  all  fines,  penalties,  forfeitures  and  escheats,  accruing 
to  the  state  of  Michigan  under  the  present  constitution  and  laws,  shall 
accrue  to  the  use  of  the  state  under  this  constitution. 

Sec.  4.  That  all  recognizances,  bonds,  obligations,  and  all  other  in- 
struments entered  into  or  executed  before  the  adoption  of  this  consti- 
tution, to  the  people  of  the  state  of  Michigan,  to  any  state,  county  or 
township,  or  any  public  officer,  or  public  body,  or  which  may  be 
entered  into  or  executed,  under  existing  laws,  "  to  the  people  of  the 
state  of  Michigan,"  to  any  such  officer  or  public  body,  before  the  com- 
plete organization  of  the  de])artments  of  goA'ernment  under  this  con- 
stitution, shall  remain  binding  and  valid;  and  rights  and  liabilities 
upon  the  same  shall  continue  and  may  be  prosecuted  as  provided  by 
law.  And  all  crimes  and  misdemeanors  and  penal  actions  shall  be 
tried,  punished  and  prosecuted  as  though  no  change  had  taken  place, 
until  otherwise  provided  by  law. 

Sec.  5.  A  governor  and  lieutenant  goA'ernor  shall  be  chosen  under 
the  existing  constitution  and  laAvs  to  serve  after  the  expiration  of  the 
term  of  the  present  incumbent. 

Sec.  G.  All  officers,  civil  and  military,  now  holding  any  office  or 
appointment,  shall  continue  to  hold  their  respective  offices,  unless 
removed  by  competent  authority,  until  superseded  under  the  laws  now 
in  force,  or  under  this  constitution. 

Sec.  7.  The  members  of  the  senate  and  house  of  representatives  of 
the  legislature  of  one  thousand  eight  hundred  and  fifty-one  shall  con- 
tinue in  office  under  the  provisions  of  law,  until  superseded  by  their 
successors,  elected  and  qualified  under  this  constitution. 


Michigan— 1850  1971 

Sec.  8.  All  county  officers,  unless  removed  by  competent  authority, 
shall  continue  to  hold  their  respecti^'e  offices  until  the  first  day  of 
January,  in  the  year  one  thousand  eight  hundred  and  fifty-three. 
The  laws,  noAv  in  force  as  to  the  election,  qualification  and  duties  of 
township  officers,  shall  continue  in  force  until  the  legislature  shall,  in 
conformity  to  the  provisions  of  this  constitution,  provide  for  the 
holding  of  elections  to  fill  such  offices,  and  prescribe  the  duties  of  such 
officers,  respectively. 

Sec.  0.  On  the  first  day  of  January,  in  the  year  one  thousand  eight 
hundred  and  fifty-two,  the  terms  of  office  of  the  judges  of  the  supreme 
court,  under  existing  laws,  and  of  the  judges  of  the  county  courts,  and 
of  the  clerks  of  the  supreme  court,  shall  expire,  on  the  said  da)'. 

Sec.  10.  On  the  first  day  of  January,  in  the  year  one  thousand  eight 
hundred  and  fifty-two,  the  jurisdiction  of  all  suits  and  proceedings 
then  pending  in  the  ])resent  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  at  law  and  equity  then  pending  in 
the  circuit  courts  and  county  courts  for  the  several  counties,  shall 
become  vested  in  the  circuit  courts  of  the  said  counties  and  district 
court  for  the  upper  peninsula. 

Sec.  11.  The  probate  courts,  the  courts  of  justices  of  the  peace,  and 
the  police  court,  authorized  by  an  act  entitled  "An  act  to  establish  a 
police  court  in  the  city  of  Detroit,  approved  April  second,  one  thou- 
sand eight  hundred  and  fifty."  shall  continue  to  exercise  the  juris- 
diction and  powers  now  conferred  upon  them,  respectively,  until 
otherwise  i)rovided  by  law. 

Sec.  12.  Tlie  office  of  state  printer  shall  be  vested  in  the  present  in- 
cumbent mitil  the  expiration  of  the  term  for  Avhich  he  was  elected 
under  the  law  then  in  force;  and  all  the  provisions  of  the  said  law 
relating  to  his  duties,  rights,  privileges  and  compensation  shall  re- 
main unimj^aired  and  inviolate  until  the  expiration  of  his  said  term 
of  office. 

Sec.  13.  It  shall  be  the  duty  of  the  legislature  at  their  first  session 
to  adapt  the  jjresent  laws  to  the  provisions  of  this  constitution  as  far 
as  may  be. 

Sec.  li.  The  attorney  general  of  the  state  is  required  to  prej)are 
and  report  to  the  legislature  at  the  commencement  of  the  next  session 
such  changes  and  modifications  in  existing  laws  as  may  be  deemed 
necessary  to  adapt  the  same  to  this  constitution,  and  as  may  be  best 
calculated  to  carry  into  effect  its  provisions,  and  he  shall  receive  no 
additional  compensation  therefor. 

Sec.  15.  Any  territory  attached  to  any  county  for  judicial  purposes, 
if  not  otherwise  represented,  shall  be  considered  as  forming  part  of 
such  county,  so  far  as  regards  elections  for  the  purpose  of  representa- 
tion. 

Sec.  1G.  This  constitution  shall  be  submitted  to  the  people  for  their 
adoption  or  rejection  at  the  general  election  to  be  held  on  the  first 
Tuesday  of  November,  one  thousand  eight  hundred  and  fifty;  and 
there  shall  also  be  submitted  for  adoption  or  rejection  at  the  same 
time  the  separate  resolution  in  relation  to  the  elective  franchise;  and 
it  shall  be  the  duty  of  the  secretary  of  state  and  all  other  officers, 
required  to  give  or  publish  ajiy  notice  in  regard  to  the  said  general 


1972  Michigan— 1860 

election,  to  give  notice,  as  provided  by  law  in  case  of  an  election  of 
governor,  that  this  constitution  has  been  duly  submitted  to  the  elect- 
ors at  said  election.  Every  newspaper  within  this  state  publishing 
in  the  month  of  September  next  this  constitution  as  submitted  shall 
receive,  as  compensation  therefor,  the  sum  of  twenty-five  dollars  to 
be  paid  as  the  legislature  shall  direct. 

Sec,  17.  Any  person  entitled  to  vote  for  members  of  the  legislature, 
by  the  constitution  and  laws  now  in  force,  shall  at  the  said  election 
be  entitled  to  vote  for  the  adoption  or  rejection  of  this  constitution, 
and  for  or  against  the  resolution  separately  submitted,  at  the  places 
and  in  the  manner  provided  by  law  for  the  election  of  members  of 
the  legislature. 

Sec.  18.  At  the  said  general  election  a  ballot  box  shall  be  kept  by 
the  several  boards  of  inspectors  thereof  for  receiving  the  votes  cast 
for  or  against  the  adoption  of  this  constitution;  and  on  the  ballots 
shall  be  written  or  printed,  or  partly  Avritten  and  partly  printed,  the 
words  "Adoption  of  the  Constitution — Yes,"  or  "Adoption  of  the 
Constitution — No." 

Sec.  19.  The  canvass  of  the  votes  cast  for  the  adoption  or  rejection 
of  this  constitution,  and  the  j^rovision  in  relation  to  the  elective  fran- 
chise separately  submitted,  and  the  returns  thereof  shall  be  made  by 
the  proper  canvassing  officers,  in  the  same  manner  as  now  provided 
by  law  for  the  canvass  and  return  of  the  votes  cast  at  any  election  for 
governor,  as  near  as  may  be,  and  the  return  thereof  shall  be  directed 
to  the  secretary  of  state.  On  the  sixteenth  day  of  December  next,  or 
within  five  days  thereafter,  the  auditor  general,  state  treasurer,  and 
secretary  of  state  shall  meet  at  the  capitol,  and  proceed,  in  presence  of 
the  governor,  to  examine  and  canvass  the  returns  of  the  said  votes, 
and  proclamation  shall  forthwith  be  made  by  the  governor  of  the 
result  thereof.  If  it  shall  appear  that  a  majority  of  the  votes  cast 
upon  the  question  have  thereon  "Adoption  of  the  Constitution — Yes," 
this  constitution  shall  be  the  supreme  law  of  the  state  from  and  after 
the  first  day  of  January,  one  thousand  eight  hundred  and  fifty-one, 
except  as  is  herein  otherwise  j^rovided;  but  if  a  majority  of  the  votes 
cast  upon  the  question  have  thereon  "Adoption  of  the  Constitution — 
No,"  the  same  shall  be  null  and  void.  And  in  case  of  the  adoption  of 
this  constitution,  said  officers  shall  immediately,  or  as  soon  thereafter 
as  practicable,  proceed  to  open  the  statements  of  votes  returned  from 
the  several  counties  for  judges  of  the  supreme  court  and  state  officers 
under  the  act  entitled  "An  act  to  amend  the  revised  statutes  and  to 
provide  for  the  election  of  certain  officers  by  the  people  in  pursuance 
to  an  amendment  of  the  constitution,"  approved  February  sixteenth, 
one  thousand  eight  hundred  and  fifty,  and  shall  ascertain,  determine 
and  certify  the  results  of  the  election  for  said  officers  under  said  act, 
in  the  same  manner  as  near  as  may  be,  as  is  noAv  provided  by  law  in 
regard  to  the  election  of  representatives  in  congress.  And  the  several 
judges  and  officers  so  ascertained  to  have  been  elected  may  be  quali- 
fied and  enter  upon  the  duties  of  their  respective  offices,  on  the  first 
Monday  of  January  next  or  as  soon  thereafter  as  practicable. 

Sec.  20.  The  salaries  or  compensation  of  all  persons  holding  office 
under  the  present  constitution  shall  continue  to  be  the  same  as  now 
provided  by  law,  mitil  superseded  by  their  successors  elected  or 
appointed  under  this  constitution;  and  it  shall  not  be  lawful  here- 


Michigan— ISoO  1973 

after  for  the  legislature  to  increase  or  diminish  the  compensation  of 
any  officer  during  the  term  for  which  he  is  elected  or  appointed. 

Sec.  21.  The  legislature  at  their  first  session  shall  provide  for  the 
payment  of  all  expenditures  of  the  convention  to  revise  the  constitu- 
tion and  of  the  publication  of  the  same  as  is  provided  in  this  article. 

Sec.  22.  Every  county  except  INIackinaAV  and  Chippewa  entitled  to 
a  representative  in  the  legislature,  at  the  time  of  the  adoption  of  this 
constitution,  shall  continue  to  be  so  entitled  under  this  constitution, 
and  the  county  of  Saginaw,  Avith  the  territory  that  may  be  attached, 
shall  be  entitled  to  one  representative;  the  country  of  Tuscola,  and 
the  territory  that  may  be  attached,  one  representative;  the  county 
of  Sanilac,  and  the  territory  that  may  be  attached,  one  representa- 
tive; the  counties  of  Midland  and  Arenac,  with  the  territory  that 
may  be  attached,  one  representative;  the  county  of  Montcalm,  with 
the  territory  that  may  be  attached  thereto,  one  representative;  and 
the  counties  of  Newaygo  and  Oceana,  with  the  territory  that  may 
be  attached  thereto,  one  representative;  each  county  having  a  ratio 
of  representation,  and  a  fraction  over,  equal  to  a  moiety  of  said 
ratio,  shall  be  entitled  to  two  representatives;  and  so  on  above  that 
number,  giving  one  additonal  member  for  each  additional  ratio. 

Sec.  23.  The  cases  pending  and  undisposed  of  in  the  late  court  of 
chancery,  at  the  time  of  the  adoption  of  this  constitution,  shall  con- 
tinue to  be  heard  and  determined  by  the  judges  of  the  supreme  court. 
But  the  legislature  shall  at  its  session  in  one  thousand  eight  hundred 
and  fifty-one  provide  by  law  for  the  transfer  of  said  causes  that  may 
remain  undisposed  of  on  the  first  day  of  January,  one  thousand 
eight  hundred  and  fifty-two,  to  the  supreme  or  circuit  court  estab- 
lished by  this  constitution,  or  require  that  the  same  may  be  heard 
and  determined  by  the  circuit  judges. 

Sec.  24.  The  term  of  office  of  the  governor  and  lieutenant  gover- 
nor shall  commence  on  the  first  day  of  January  next  after  their 
election. 

Sec.  25,  The  territory  described  in  the  article  entitled  "  Upper 
Peninsula,"  shall  be  attached  to  and  constitute  a  part  of  the  third 
circuit  for  the  election  of  a  regent  of  the  university. 

Sec.  2G.  The  legislature  shall  have  authority  after  the  expiration 
of  the  term  of  office  of  the  district  judge  first  elected  for  the  ''  Upper 
Peninsula,"  to  abolish  said  office  of  district  judge  and  district 
attoniey  or  either  of  them. 

Sec.  27.  The  legislature  shall,  at  its  session  of  one  thousand  eight 
hundred  and  fifty-one,  apportion  the  representatives  among  the  sev- 
eral counties  and  districts,  and  divide  the  state  into  senate  districts 
pursuant  to  the  provisions  of  this  constitution. 

Sec.  28.  The  terms  of  office  of  all  state  and  county  officers,  of  the 
circuit  judges,  members  of  the  board  of  education,  and  members  of 
the  legislature  shall  begin  on  the  first  day  of  flanuary  next  succeeding 
their  election. 

Sec.  29.  The  state,  exclusive  of  the  upper  peninsula,  shall  be 
divided  into  eight  judicial  circuits,  and  (he  counties  of  Monroe, 
Lenawee  and  Hillsdale  shall  constitute  the  first  circuit;  the  counties 
of  Branch,  St.  Joseph,  Cass  and  Berrien  shall  constitute  the  second 
circuit;  the  county  of  Wayne  shall  constitute  the  third  circuit;  the 
counties  of  Washtenaw,  Jackson  and  Ini»;ham  shall  constitute  the 


1074  Michigan~1850 

fourth  circuit;  the  counties  of  Calhoun,  Kalamazoo,  Allegan,  Eaton 
and  Van  Buren  shall  constitute  the  fifth  circuit;  the  counties  of 
St.  Clair,  Macomb,  Oakland  and  Sanilac  shall  constitute  the  sixth 
circuit;  the  counties  of  Lapeer,  Genesee,  Saginaw,  Shiawassee,  Liv- 
ingston, Tuscola,  and  Midland  shall  constitute  the  seventh  circuit; 
and  the  counties  of  Barry,  Kent,  Ottawa,  Ionia,  Clinton  and 
Montcalm  shall  constitute  the  eighth  circuit. 

Done  in  convention  at  the  capitol  of  the  state  this  fifteenth  day 
of  August  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty  and  of  the  independence  of  the  United  States  the  seventy-fifth. 

D.  Goodwin,  President. 

AMENDMENTS 

SUMMARY  OF  VOTES  BY  WHICH  ADOPTED  OR  REJECTED  FROM  1850 

TO  1905 

(November,  1850) 

An  amendment  to  grant  "  equal  suffrage  to  colored  persons,"  was 
submitted  to  the  people,  November,  1850,  and  rejected  by  the  follow- 
ing vote :  For,  12,840 ;  against,  32,02G. 

(November,  1858) 

The  general  banking  law  of  the  state  was  submitted  to  the  people, 
November  2,  1858,  and  adopted.     For,  41,006 ;  against,  19,865. 

(November,  1860) 

"As  to  banking  corporations  "  making  officers  and  stockholders  in- 
dividually liable  to  the  extent  of  their  respective  shares  of  stock, 
adopted  as  follows :  For,  59,954 ;  against,  15,477. 

"As  to  legislative  sessions,"  fixing  time  and  place  of  holding,  and 
providing  for  adjournment;  also,  providing  that  no  new  bill  shall  be 
introduced  after  the  first  fifty  days  of  the  session  shall  have  expired, 
and  allowing  extra  compensation  to  members  from  the  upper  penin- 
sula, not  to  exceed  two  dollars  per  day  during  the  session.  Adopted 
as  follows :  For,  53,152 ;  against,  18,246. 

"As  to  Sec.  2,  Art.  XVIII,"  adding  to  said  section  the  following: 
''''Provided,  The  foregoing  provision  shall  in  no  case  be  construed  to 
apply  to  the  action  of  commissioners  of  highways  in  the  official  dis- 
charge of  their  duty  as  highway  commissioners."  Adopted.  For, 
62,936 ;  against,  8,054. 

(November,  1862) 

"  Relative  to  removals  from  office,"  empowering  the  governor  to 
inquire  into  the  condition  and  administration  of  any  public  office,  and 
acts  of  public  officers  (except  legislative  and  judicial),  to  remove  such 
officers  m  certain  cases,  appoint  a  successor,  and  report  the  causes  of 
such  removal  to  the  next  legislature.  Adopted.  For,  3,180;  against, 
1,273. 

"As  to  banks,"  providing  that  corporations  shall  be  formed  under 
general  laws  only,  except  for  municipal  purposes,  but  allowing  the 
legislature  by  a  vote  of  two-thirds  of  all  the  members  elected  to  create 
a  single  bank  with  branches;  also  that  no  general  banking  law  shall 


Michigan— 1850  1975 

take  effect  until  ratified  by  the. people;  also,  for  all  banks  organized 
under  general  laws,  the  legislature  shall  provide  for  the  registry  of  all 
bills  or  notes  issued  as  money,  and  requiring  security  to  the  full 
amount  of  such  issue,  in  State  or  United  States  stocks,  bearing  inter- 
est, to  be  deposited  with  the  state  treasurer.  Adopted.  For,  5,0GT; 
against,  1,644. 

''As  to  regents  of  the  university,"  providing  for  the  election  of  a 
board  of  eight  in  1863,  their  respective  terms  of  office,  when  successors 
to  be  elected,  etc.     Adopted.     For,  4,363;   against,  1,901. 

"As  to  elections  in  upper  peninsula,''  fixing  the  time  for  the  election 
of  certain  state  officers,  to  wit :  all  district  or  county  officers,  state 
senators  or  representatives,  and  the  time  of  holding  the  county  and 
district  canvass.     Adopted.     For,  5,193;   against,  1,440. 

"As  to  amendments  of  the  constitution."  i:)roviding  that  the  ques- 
tion of  the  revision  of  the  constitution  be  submitted  to  the  electors  at 
the  general  election  in  1866,  and  in  each  sixteenth  year  thereafter,  and 
also  at  such  other  times  as  the  legislature  may  by  law  provide. 
Adopted.     For,  4,375 ;  against,  1,806. 

(November,  1866) 

"As  to  soldiers  voting,"  providing  that,  in  time  of  war,  insurrection 
or  rebellion,  no  elector  shall  be  deprived  of  his  right  to  vote  by  reason 
of  his  service  in  the  armv  or  navv  at.  such  time,  in  this  State  or  the 
United  States.     Adopted."    For,  86,354;  against,  13.094. 

"  For  a  revision  of  the  constitution,"  the  people  expressed  their 
sanction  for  revision  bv  the  following  vote :  For,  79,505 ;  against, 
28,623.  '  :. 

(April,  1868) 

"Proposition  relative  to  annual  or  biennial  sessions  of  the  legisla- 
ture to  stand  as  section  eight  (8)  of  article  five  (5)  of  said  constitu- 
tion," on  which  the  votes  were  as  follows :  Annual  sessions—"  Yes," 
24,482 ;   biennial  sessions—"  Yes,"  100,314. 

"  Proposed  section  relative  to  prohibition,"  providing  that  '  The 
legislature  shall  not  pass  any  act  authorizing  the  grant  of  licenses  for 
the  sale  of  ardent  spirits  or  intoxicating  liquors  but  shall  by  law  pro- 
hibit the  sale  of  the  same  as  a  beverage,  on  which  the  vote  was  as 
follows:  Prohibition—"  Yes,"  72,462;   prohibition—"  No,"  86,143. 

(Noveinher,  1S70) 

"Relative  to  raising  tAvo  thousand  dollars  for  ]uiblic  buildings, 
highways,  or  bridges,"  empowering  the  board  of  supervisors  of  any 
county  to  raise  not  to  exceed  the  above  named  sum  per  annum  for  such 
purposes.     Rejected.     For,  39,180;   against,  61,904. 

"Relative  to  the  salaries  of  state  officers  and  judges  of  the  circuit 
court."  The  following  Avere  the  proposed  salaries:  Governor,  two 
thousand  five  hundred  dollars;  judges  of  the  circuit  court,  secretary 
of  state,  state  treasurer,  auditor  general,  connnissioner  of  the  state 
land  office,  attorney  general  and  superintenednt  of  ])ublic  instruction, 
two  thousand  dollars  each.     Rejected.     For,  36.109:    against.  6S.912. 

"Impartial  suffrage."  TTn<lcr  this  head  were  three"  projiositions : 
1st.  The  apportionment  of  representatives.     2d.  The  qualification  of 


1976  Michigan— 1850 

electors,  by  which  the  word  "  white  ''  was  stricken  from  tlie  constitu- 
tion. 3d.  Of  whom  the  militia  shall  be  composed.  Adopted.  For, 
54,105 ;  against,  50,598. 

"  Of  railroads."  There  were  three  propositions  under  this  head. 
1st.  Authorizing  the  legislature  to  regulate  passenger  and  freight 
charges.  Adopted.  For,  78,602 ;  against,  51,397.  2d.  Prohibiting 
the  consolidation  of  competing  lines  of  railroad,  except  that  at  least 
sixty  days'  notice  be  given  publicly  to  all  stockholders,  as  provided 
by  law.  Adopted.  For.  7(5,912;  against.  51.194.  3d.  Authorizing 
the  payment  of  bonds  or  obligations  heretofore  issued.  Rejected. 
For,  50,078 ;  against,  78.453. 

(November,  1872) 

"  Providing  for  the  payment  of  bonds  issued  and  negotiated,  and 
the  purchase  price  thereof  realized  prior  to  May  27,  1870,  by  the 
counties,  townships  and  municipalities  issuing  the  same  for,  and  in 
aid  of  any  railroad  company."  Rejected.  For,  44,684;  against, 
70,893. 

"  Relative  to  the  limits  of  judicial  circuits,  and  the  number  thereof." 
Rejected.     For,  47,972 ;  against,  65,848. 

''  Relative  to  the  salaries  of  circuit  judges,"  fixing  their  salaries 

at    two    thousand    five    hundred    dollars.     Rejected.     For,    57,326; 

against,  58,987. 

(November,  1874) 

Amendment  submitted  to  the  people,  relating  to  woman  suffrage. 
Rejected.     For,  40,077 ;  against,  135,957. 

Revision  of  Constitution,  prepared  by  the  Constitutional  Commis- 
sion of  1873,  appointed  by  the  Governor  by  authority  of  joint  resolu- 
tion No.  19,  laws  of  1873,  and  approved  and  submitted  by  joint  reso- 
lution No.  4,  laws  of  1874,  (extra  session).     Rejected.     For,  39,285; 

against,  124,034. 

(November,  1876) 

"  Relative  to  license  for  the  sale  of  intoxicating  liquors."  Clause 
forbidding  the  grant  of  license  stricken  from  the  constitution  by  the 
following  vote:  For  striking  out,  60,639;  against,  52,561. 

"  Relative  to  the  salaries  of  judges  of  the  circuit  court,"  proposing 
two  thousand  five  hundred  dollars  per  annum  each.  Rejected.  For, 
65,371 ;  against,  65,966. 

"  As  to  the  time  of  submitting  to  the  people  amendments  to  the  con- 
stitution." Amendment  and  revision  ma}^  be  submitted  to  the  people 
at  the  spring  or  autumn  election.     Adopted.     For,  52.306;  against, 

21.984. 

(April.  1878) 

"  Relative  to  appointment  of  clerk  of  the  supreme  court."  To 
give  power  of  appointment  to  court.  Rejected.  For,  30,313 ;  against, 
34,712. 

"  Relative  to  corporations."  Making  stockholders  individually 
liable  to  the  full  amount  of  their  respective  shares,  for  all  labor  done 
for  or  in  behalf  of  such  corporation.  Rejected.  For,  24,770 ;  against, 
42,064. 


Michigan— 1850  1977 

(April,  1880) 

"  Eelative  to  the  salary  of  the  governor.''  Fixing  the  salary  at 
three  thousand  dollars  per  year.  Rejected.  For,  49.035;  against, 
1)1,753. 

(November,  1880) 

"  Relatiye  to  a  bridge  or  tunnel  across  the  Detroit  river."  Rejected. 
For.  37.340:  against,  58.040. 

(April.  1881) 

"  Relative  to  penal  fines."  Empo\yering  boards  of  education  in 
cities,  or  township  boards,  to  apply  such  fines  to  library  or  school 
purposes.     Adopted.     For.  51,475;  against,  8.370. 

''  Relative  to  clerks  of  the  circuit  and  supreme  courts."  Authoriz- 
ing the  supreme  court  to  appoint  its  own  clerk.  Adopted.  For, 
G2,593 ;  against,  6,640. 

"  Relative  to  circuit  courts."  Providing  for  more  than  one  judge 
in  the  circuit  in  which  Detroit  is  or  may  be  situated.  Adopted.  For, 
53.840 ;  against,  6,628. 

(November,  1882) 

"  Relative  to  the  salaries  of  the  judges  of  the  circuit  courts." 
Increasing  such  salaries.     Adopted.     For,  85,705 ;  against,  55,638. 

'*  Relative  to  the  adjustment  of  claims  against  counties."  Provid- 
ing for  the  establishment  of  boards  of  county  auditors.  Rejected. 
For,  23,814;  against,  38.073. 

"  Revision."  The  question  of  a  general  revision  of  the  constitution 
was  also  submitted  and  was  decided  in  the  negative  by  the  following 
vote :  For,  20.937 :  against,  35,123. 

( November,  1884) 

"  Relative  to  the  salaries  of  circuit  judges,  upper  peninsula,  allow- 
ing increase."     Adopted.     For,  35,345;  against,  28,642. 

'"■  Relative  to  compensation  of  members  of  the  legislature,  and  pro- 
hibiting acceptance  by  them  of  railroad  passes."  Rejected.  For, 
31,693:  against.  52,70f. 

(November,  1886) 

"  RelatiA'e  to  the  board  of  auditors  of  AVayne  county."  Rejected. 
For,  15,020;  against,  20,755. 

"  Relative  to  the  salaries  of  state  officers."  Rejected.  For,  40,445; 
against,  60,220. 

(April,  1887) 

'"Relative  to  the  liquor  traffic."  Rejected.  For,  178,636;  against, 
184,281. 

"  Relative  to  the  salaries  of  state  officers."  Rejected.  For,  72,718; 
against.  124.838. 

(November.  1888) 

"  Relative  to  circuit  courts."  Adopted.  For.  21,221  ;  asfainst. 
19.382. 


1 978  Michigan— 1850 

"xV  general  banking  law  "  was  submitted  to  the  people  November, 
1888,  and  adopted.     For,  48,531 ;  against,  20,300. 

(April,  1889) 

"Relative  to  circuit  courts."  Adopted.  For,  49,478;  against. 
19,834. 

"Relative  to  duration  of  corporations.''  Adopted.  For,  35,260; 
against,  28,950. 

"  Relative  to  salary  of  governor,"  making  the  salary  four  thousand 
dollars  per  annum.     Adopted.     For,  111,854;  against,  72,494. 

(November,  1890) 

*"  The  question  of  a  general  revision  of  the  constitution  ''  was  sub- 
mitted to  the  people  and  rejected.     For,  10,431 ;  against,  20,261. 

(April,  1891) 

"  Salary  of  attorney  general."  Adopted.  For,  69,622 ;  against, 
68,335.  Recanvassed  June  1,  1894,  by  order  of  supreme  court,  with 
the  following  result :  For,  69,248 ;  against,  69,651. 

(Novenaber.  1892) 

"  Convention  for  the  purpose  of  a  general  revision  of  the  constitu- 
tion."    Rejected.     For,  16,948 ;  against,  16,245. 

(April  .3,  1893) 

"  Relative  to  salaries  of  state  officers."  For,  64,422 ;  against,  62,601. 
Recanvassed  January  19,  1894,  by  order  of  the  supreme  court,  with 
the  following  result :  Rejected.     For,  59,317 ;  against,  70,772. 

"  Relative  to  works  of  internal  improvement  at  Grand  Rapids." 
For,  70,597;  against,  55,091.  Recanvassed  January  19,  1894,  by  order 
of  the  supreme  court,  with  the  folloAving  result:  Adopted.  For. 
72,745;  against,  52,476. 

"  Relative  to  extending  jurisdiction  of  circuit  courts  in  certain 
cases."  For,  60,219 ;  against,  53,492.  Recanvassed  January  19,  1894. 
by  order  of  the  supreme  court,  with  the  following  result:  Adopted. 
For,  62,023 ;  against,  48,797. 

"  Relative  to  creation  of  county  and  township  boards  of  highway 
commissioners."  For,  68,486 ;  against,  60,015.  Recanvassed  January 
19,  1894,  by  order  of  the  supreme  court,  with  the  following  result: 
Adopted.     For,  69,050 ;  against  59,922. 

(November  (>,  1894) 

"Authorizing  inmates  of  soldiers'  homes  to  vote  where  such  homes 
are  situated."     Adopted.     For,  127,758;  against,  29,607. 

"  Relative  to  the  qualifications  of  electors  of  this  state,  requiring 
foreign  born  electors  to  be  citizens  of  the  United  States  or  to  have 
declared  their  intention  of  becoming  such  two  years  and  six  month? 
prior  to  the  eighth  day  of  November,  1894."     Adopted.    For,  117,088 
against,  31,537. 


Michigan— 1850  1 979 

(April  1.  1895) 

"  Relative  to  the  salaries  of  state  officers."'     Rejected.     For.  .50,065; 
against,  139,030. 
"Relative   to   circuit   courts.'"      Rejected.      For,    (>0,o67;    against, 

07,278. 

(April  .-),  1897) 

"  Relative  to  the  salarv  of  attornev  general.'"  Rejected.  For, 
70,138 ;  against,  90,073. 

"  Relative  to  board  of  county  auditors  for  Kent  county."  Re- 
jected.    For,  53,201;  against,  57,793. 

( No veuiber  8,1898) 

"  Convention  for  the  purpose  of  a  general  revision  of  the  consti- 
tution."    Rejected,     l^or,  162,123;  against,  127,147. 

(April  ;;.  1899) 

"  Relative  to  improvement  and  maintenance  of  highways." 
Adopted.     For,  130,416;  against,  03,442. 

"Relative  to  circuit  courts."'  Adopted.  For,  108,107;  against, 
104,884. 

"Relative  to  judicial  department."  Rejected.  For,  00,391; 
against,  102,260. 

"Relative    to    state    printing    office.""      Rejected.      For,    105,711; 

against,  108,317. 

(November  (5.  1900) 

"  Relative    to    the    taxation    of    corporations."      Adopted.      For, 

442,728 ;  against,  54,757. 

(April  1.  1901) 

"  Relative  to  salaries  of  members  of  the  legislature.""  Rejected. 
For,  112,883;  against,  187,615. 

"Relative  to  circuit  courts."  Rejected.  For,  110,855;  against, 
130,108. 

(Noveniher  4,  1902) 

"  Relative  to  the  publication  of  the  general  laws  in  newspapers." 
Adojitod.     For,  155,837:  against,  105,241. 
"  Relative  to'  indeterminate  sentences."     Adopted.     For,   146,265; 

against,  78,338. 

(April  0,  190:i) 

"Relative  to  circuit  courts."'  Adopted.  For,  105,618;  against, 
S.3,048. 

'*  Relative  to  board  of  county  auditors  in  the  counties  of  Saginaw, 
Jackson,  Washtenaw  and  Kent."  Adopted.  For.  108,889;  against, 
84,636. 

(November  8.  1904) 

"  Convention  for  the  purpose  of  a  general  revision  of  the  consti- 
tution.""    Rejected.     For.  165,123;  against,  120,018. 

"  Relative  to  limiting  the  time  for  the  introduction  of  bills." 
Adopted.     For,  180,157 ;  against,  98,657. 


1980  Michigan— 1850 

("April  3,  1905) 

"Relative  to  public  wagon  roads/'  Adopted.  For,  205,750; 
against,  63,506. 

"  Relative  to  the  board  of  county  auditors  for  the  countv  of 
Genesee."     Adopted.     For,  94,860;  against,  64,825. 

"  Relative  to  the  compensation  of  circuit  judge  in  the  countv  of 
(Tenesee."     Adopted.     For,  91,994.;  against,  63,590. 

(April  2.  190«) 

"  Convention  for  a  general  revision  of  the  constitution."  Adopted. 
For,  196,780;  against,  127,189. 

KoTE. — See  Appendix  for  the  text  of  the  original  constitution  of  Michigan  of  1850, 


MINNESOTA'^ 


For  organic  acts  issued  before  1849  relating  to  the  liiiid  now  included  within 
Minnesota  see  in  this  worli  : 

Virginia  Act  of  Cession.  178.''>  (Illinois,  p.  JKoo). 
Deed  of  Cession  from  Virginia,  1784  (Illinois.  \>.  957). 
Northwest  Territorial  (iovennnent,  1787  (  Illinois,  p.  907). 
Virginia  Act  of  Ratification,  1788   (Illinois,  p.  963). 
Northwest  Territorial  (iovernnient,  1789   (Illinois,  p.  9(>8). 
Territorial  Government  of  Indiana,  1800  (Illinois,  p.  964). 
Treaty  Ceding  Louisiana.  180o  (Louisiana,  p.  1359). 
District  of  Louisiana,  18(J4  (Louisiana,  p.  13(34). 
Territory  of  Louisiana.  1805  (Louisiana,  p.  1371). 
Territory  of  Illinois.  1809  (Illinois,  p.  9(36). 
Territory  of  Missouri.  1812  (Missouri,  p.  2139). 
Enabling  Act  for  Illinois,  1818   (Illinois,  p.  907). 
Extension  of  Michigan  Territory,  1834  (Iowa,  p.  1111). 
Territory  of  Wisconsin,  1830  (Wisconsin,  p.  4065). 
Territory  of  Iowa,  1838  (Iowa.  p.  1111). 


TERRITORIAL  GOVERNMENT  OF  MINNESOTA— 1849 

1  Thirtieth  Congress,  Second  Session] 
An  Act  to  establish  the  Territorial  Goyerument  of  Minnesota 

Be  if  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assemhhd.  That  from  and 
after  the  passage  of  this  act,  all  that  part  of  the  territory  of  the 
United  States  which  lies  within  the  following  limits,  to  wit :  Be- 
ginning in  the  ^Mississippi  River,  at  the  point  where  the  line  of  forty- 
three  degrees  and  thirty  minutes  of  north  latitude  crosses  the  same: 
thence  running  due  west  on  said  line,  which  is  the  northern 
boundar}'  of  the  State  of  Iowa,  to  the  northwest  corner  of  the  said 
State  of  Iowa;  thence  southerly,  along  the  western  houndary  of  said 
State,  to  the  point  where  said  boundary  strikes  the  Missouri  River: 
thence  up  the  middle  of  the  main  channel  of  the  ^lissouri  River  to 
the  mouth  of  the  White  Earth  River:  thence  up  the  middle  of  the 
main  channel  of  the  White  Earth  River  to  the  boundary-line  between 
the  possessions  of  the  I'nited  States  and  Great  Britain:  thence  east 
and  south  of  east,  along  the  boundary-line  between  the  po,s.sessions 
of  the  United  States  and  Great  Britain,  to  Lake  Superior;  thence  in 

c  The  ai-ea  included  in  the  present  State  of  Minnesota  was  jiartly  embraced 
in  the  Northwest  Territory,  ceded  t(j  the  United  States  by  Virginia  in  1783.  and 
partly  in  the  Territory  of  Louisiana,  purchased  from  France  in  1803.  Parts  or 
;dl  of  it  were  subse(|uently  successiyely  included  in  the  Territory  of  Indiauii. 
the  Territory  of  Louisiana,  the  Territory  of  Illinois,  the  Territory  of  Missouri. 
the  Territory  of  Michigan,  the  Territory  of  Wisconsin,  and  the  Territory  of 
Iowa. 

1981 


1982  Minnesota— 1849 

a  straight  lino  to  the  northernmost  point  of  the  State  of  Wisconsin  in 
Lake  Superior ;  thence  along  the  western  bounclary-line  of  said  State 
of  Wisconsin  to  the  Mississippi  Kiver;  thence  down  the  main  channel 
of  said  river  to  the  place  of  beginning,  be,  and  the  same  is  hereby, 
erected  into  a  temporary  government  by  the  name  of  the  Territory 
of  Minnesota :  Provided.,  That  nothing  m  this  act  contained  shall  be 
construed  to  inhibit  the  Government  of  the  United  States  from  divid- 
ing 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  Terri- 
tory of  the  United  States, 

Sec.  2.  And  he  it  further  enacted.  That  the  .executive  power  and 
authority  in  and  over  said  Territory  of  Minnesota  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  Territory,  shall  be  commander-in-chief  of  the  militia  thereof, 
shall  perform  the  duties  and  receive  the  emoluments  of  superin- 
tendent of  Indian  affairs;  he  may  grant  pardons  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  ap- 
pointed 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 
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  day  of  December  in  each  year,  to  the 
President  of  the  United  States,  and,  at  the  same  time,  two  copies  of 
the  laws  to  the  Speaker  of  the  House  of  Representatives  and  the 
President  of  the  Senate,  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  be,  and  he  is  hereby,  authorized  and 
required  to  execute  and  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.  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  coun- 
cil and  house  of  representatives.  The  council  shall  consist  of  nine 
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  eighteen  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  councillors  and  representatives  may  be  increased  by  the 
legislative  assembly,  from  time  to  time,  in  proportion  to  the  increase 
of  population:  Prodded.  That  the  whole  number  shall  never  exceed 
fifteen  councillors  and  thirty-nine  representatives.  An  apportion- 
ment shall  be  made,  as  nearly  equal  as  practicable,  among  the  several 


Minnesota— 1849  1983 

counties  or  districts,  for  the  election  of  the  council  and  representa^ 
tives,  giving  to  each  Section  of  the  Territory  representation  in  the 
ratio  of  its  population,  Indians  excepted,  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  for  which  they  may  be 
elected  respectively.  Previous  to  the  first  election,  the  governor  shall 
cause  a  census  or  enumeration  of  the  inhabitants  of  the  several  coun- 
ties and  districts  of  the  Territory  to  l)e  taken,  and  the  first  election 
hhall  be  held  at  such  time  and  places,  and  be  conducted  in  such  man- 
ner, as  the  governor  shall  appoint  and  direct;  and  he  shall,  at  the 
same  time,  declare  the  nvunber  of  members  of  the  council  and  house 
of  representatives  to  which  each  of  the  counties  or  districts  shall  be 
entitled  imder  this  act.  The  number  of  persons  authorized  to  be 
elected  having  the  highest  number  of  votes  in  each  of  said  council 
districts  for  members  of  the  council  shall  be  declared  by  the  gov- 
ernor to  be  dul}^  elected  to  the  council;  and  the  person  or  persons 
authorized  to  be  elected  having  the  greatest  number  of  votes  for  the 
house  of  representatives,  equal  to  the  number  to  which  each  count}' 
or  district  shall  be  entitled,  shall  be  declared  by  the  governor  to  be 
duly  elected  members  of  the  house  of  representatives:  Provided,  That 
in  case  of  a  tie  between  two  or  more  persons  voted  for,  the  governor 
shall  order  a  new^  election  to  supply  the  vacancy  made  by  such  tie. 
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  represcMitation  in 
the  several  counties  or  districts  to  the  council  and  house  of  represen- 
tatives according  to  the  population,  shall  l)e  prescribed  by  law,  as 
well  as  the  day  of  the  commencement  of  the  regular  sessions  of  the 
legislative  assembly:  Provided^  That  no  one  session  shall  exceed  the 
term  of  sixty  clays. 

Sec.  5,  And  he  it  further  enacted,  That  every  free  Avhite  male  in- 
habitant above  the  age  of  tAventy-one  years,  who  shall  have  been  a 
i-esident  of  said  Territory  at  the  time  of  the  passage  of  this  act,  shall 
be  entitled  to  vote  at  the  first  election,  and  shall  be  eligible  to  any 
oilicc  within  the  said  Territory;  but  the  qualifirations  of  voters  and 
of  holding  office,  at  all  subsequent  elections,  shall  be  such  as  shall  be 
pi-escribed  by  the  legislative  assembly:  Provided,  That  the  right  of 
suffrage  and  of  holding  office  shall  be  exercised  onlv  by  citizens  of 
the  United  States,  and  those  who  shall  have  declarecl,  on  oath,  their 
intention  to  become  such,  and  shall  have  taken  an  oath  to  support  the 
Constitution  of  the  United  States  and  the  provisions  of  this  aet. 

Sec.  ().  And  he  it  further  enacted,  That  the  legislative  power  of  the 
Territory  shall  extend  to  all  rightful  subjects  of  legislation,  consistent 
Avith  the  Constitution  of  the  United  States  and  the  ])rovisions  of  this 
act;  but  no  law  shall  be  passed  interfering  Avith  the  primary  disposal 
of  the  soil;  no  tax  shall  be  imposed  upon  the  ])roperty  of  the  United 
States;  nor  shall  the  lands  or  other  property  of  non-residents  be 
taxed  higher  than  the  lands  or  other  pro])erty  of  residents.  All  the 
hiAvs  passed  by  the  legislative  assembly  and  governor  shall  be  sub- 
mitted to  the  Congress  of  the  TTnited  States,  and,  if  disapproved, 
shall  be  null  and  of  no  effect. 

Sec.  7.  And  he  it  further  enacted.  That  all  township,  district,  and 
county  officers,  not  herein  otherwise  provided  for,  shall  be  appointed 


1984  Minnesota— 1849 

or  elected,  as  the  case  may  be,  in  such  manner  as  shall  be  provided  by 
the  governor  and  legislative  assembly  of  the  Territory  of  Minnesota. 
The  governor  shall  nominate,  and,  by  and  with  the  advice  and  con- 
sent of  the  legislative  council,  appoint,  all  officers  not  herein  other- 
wise provided  for;  and  in  the  first  instance  the  governor  alone  may 
appoint  all  said  officers,  who  shall  hold  their  offices  until  the  end  of 
the  next  session  of  the  legislative  assembly. 

Sec.  8.  Afid  be  it  further  enact-ed.  That  no  member  of  the  legislative 
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:  and  no 
person  holding  a  commission  or  appointment  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.  9.  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  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  govern- 
ment of  said  Territory  annually,  and  they  shall  hold  their  offices 
during  the  period  of  four  years.  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 
tmies  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  : 
Provided,  That  the  justices  of  the  peace  shall  not  have  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  hun- 
dred dollars:  and  the  said  supreme  and  district  courts,  respectively, 
shall  possess  chancery  as  well  as  common-law  jurisdiction.  Each  dis- 
trict 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.  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  jurv  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 
Supreme  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  compe- 
tent witness,  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  said  courts,  or  so  much  thereof 


Minnesota— 1849  1985 

as  shall  be  necessar}-,  shall  l:>e  appropriated  to  the  trial  of  causes  aris- 
ing 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 
the  late  Wisconsin  Territory  recfivpd  for  similar  services. 

Sec.  10.  And  he  it  farther  enacted,  That  there  shall  be  appointed 
an  attorney  for  said  Territory,  who  sjiall  continue  in  office  for  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 
late  Territory  of  Wisconsin  received.  There  shall  also  be  a  marshal 
for  the  Territory  appointed,  who  shall  hold  his  office  for  four  years, 
unless  sooner  removed  by  the  President,  and  who  shall  execute  all 
processes  issuing  from  the  said  courts,  Avhen  exercising  their  jurisdic- 
tion as  circuit  and  district  courts  of  the  United  States ;  he  shall  per- 
form 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  late  Territory  of  Wisconsin ;  and  shall,  in  addi- 
tion, be  paid  two  hundred  dollars  annualh"  as  a  compensation  for 
extra  services. 

Sec.  11.  And  be  it  fiwther  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  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 
some  justice  of  the  peace  in  the  limits  of  said  Territory,  duly  author- 
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  Ignited  States,  and  faithfully  to  discharge  the  duties  of  tlieir  re- 
spective offices;  which  said  oaths,  when  so  taken,  shall  be  certified  by 
the  person  by  whom  the  same  shall  have  been  taken,  and  such  certifi- 
cates shall  be  received  and  recorded  by  the  said  secretary  among  the  ex- 
exutive  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  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  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  be  j^rescribed  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  chief 
justice  and  associate  justices  shall  each  receive  an  annual  salary  of 
eighteen  hundred  dollars.  The  secretary  shall  receive  an  annual 
salary  of  eighteen  hundred  dollars.  The  said  salaries  shall  be  ])aid 
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  tlieir  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  trav- ' 
7253— VOL  3—07 11 


1986  Minnesota— 18^9 

elled  route.  There  shall  be  appropriated,  annually,  the  sum  of  one 
thousand  dollars,  to  be  expended  by  the  governor  to  defray  the  con- 
tingent expenses  of  the  Territory;  and  there  shall  also  be  appro- 
priated, 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  United  States  for  the  manner 
in  which  the  aforesaid  sum  shall  have  been  expended. 

Sec.  12.  And  he  it  fvrther  enacted^  That  the  inhabitants  of  the  said 
Territory  shall  be  entitled  to  all  the  rights,  privileges,  and  innnuni- 
ties  heretofore  granted  and  secured  to  the  Territory  of  Wisconsin  and 
to  its  inhabitants ;  and  the  laws  in  force  in  the  Territory  of  Wisconsin 
at  the  date  of  the  admission  of  the  State  of  Wisconsin  shall  continue 
to  be  valid  and  operative  therein,  so  far  as  the  same  be  not  incom- 
patible Avith  the  provisions  of  this  act,  subject,  nevertheless,  to  be 
altered,  modified,  or  repealed  by  the  governor  and  legislative  assembly 
of  the  said  Territory  of  Minnesota  ;  and  the  laws  of  the  United  States 
are  hereby  extended  over  and  declared  to  be  in  force  in  said  Territory, 
so  far  as  the  same,  or  any  provision  thereof,  may  be  applicable. 

Sec.  13.  And  he  it  further  enaeted^  That  the  legislative  assembly 
of  the  Territory  of  ^Minnesota  shall  hold  its  first  session  at  Saint 
Paul ;  and  at  said  first  session  the  governor  and  legislative  assembly 
shall  locate  and  establish  a  temporary  seat  of  government  for  said 
Territory  at  such  place  as  they  may  deem  eligible;  and  shall,  at 
such  time  as  they  shall  see  proper,  prescribe  by  law  the  manner  of 
locating  the  permanent  seat  of  government  of  said  Territory  by  a 
vote  of  the  people.  And  the  sum  of  twenty  thousand  dollars,  out  of 
any  money  in  the  Treasurj^  not  otherwise  appropriated,  is  hereby 
appropriated  and  granted  to  said  Territory  of  Minnesota,  to  be 
applied,  by  the  governor  and  legislative  assembly,  to  the  erection  of 
suitable  public  buildings  at  the  seat  of  government. 

Sec.  14.  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,  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 
Hepresentatives.  The  first  election  shall  be  held  at  such  times  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. 

Sec.  15.  And  he  it  further  enacted.  That  all  suits,  jn-ocess,  and  pro- 
ceedings, ciA'il  and  criminal,  at  law  and  in  chancery,  and  all  indict- 
ments and  informations,  which  shall  be  pending  and  undetermined 
in  the  courts  of  the  Territory  of  Wisconsin,  within  the  limits  of 
said  Territory  of  ^linnesota,  when  this  act  shall  take  effect,  shall  be 
transferred,  to  be  heard,  tried,  prosecuted,  and  determined  in  the  dis- 
trict courts  hereby  established,  which  may  include  the  counties  or  dis- 
tricts  where   any   such   proceedings   may   be   pending.     All   bonds, 


Minnesota— 1849  1987 

recognizances,  and  obligations,  of  ever}'  kind  whatsoever,  valid  under 
the  existing  laws  within  the  limits  of  said  Territory,  shall  be  valid 
under  this  act;  and  all  crimes  and  misdemeanors  against  the  laws  in 
force  within  said  limits  may  be  prosecuted,  tried,  and  i)unished  in 
the  courts  established  by  this  act;  and  all  penalties,  forfeitures, 
actions,  and  causes  of  action  may  be  recovered  under  this  act  the  same 
as  they  would  have  been  under  the  laws  in  force  within  the  limits 
composing  said  Territory  at  the  time  this  act  shall  go  into  operation. 

Sec.  16.  And  he  if  further  enacted^  That  all  justices  of  the  peace, 
constables,  sheriffs,  and  all  other  judicial  and  ministerial  officers,  who 
shall  be  in  office  within  the  limits  of  said  Territory,  when  this  act 
shall  take  elfect,  shall  be,  and  they  are  hereby,  authorized  and  re- 
quired to  continue  to  exercise  and  perform  the  duties  of  their 
respective  offices  as  officers  of  the  Territory  of  Minnesota,  tem- 
porarily, and  until  they,  or  others,  shall  be  duly  appointed  and  quali- 
fied to  fill  their  places  in  the  manner  herein  directed,  or  until  their 
offices  shall  be  abolished. 

Sec.  17.  And  he  it  further  enacted^  That  the  sum  of  five  thousand 
dollars  be,  and  the  same  is  hereby,  appropriated,  out  of  any  monej's 
in  the  Treasury  not  otherwise  appropriated,  to  be  expended  by  and 
under  the  direction  of  the  said  governor  of  the  Territory  of  Min- 
nesota in  the  purchase  of  a  library,  to  be  kept  at  the  seat  of  govern- 
ment, for  the  use  of  the  governor,  legislative  assembly,  judges  of  the 
sui)reme  court,  secretary,  marshal,  and  attorney  of  said  Territory, 
and  such  other  persons  and  under  such  regulations  as  shall  be  pre- 
scribed by  law. 

Sec.  18.  And  he  it  further  enacted,  That  when  the  lands  in  the 
said  Territory  shall  be  surveyed  under  the  direction  of  the  Govern- 
ment 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,  reserved  for  the 
purpose  of  being  applied  to  schools  in  said  Territory,  and  in  the 
States  and  Territories  hereafter  to  be  erected  out  of  the  same. 

Sec.  10.  And  he  it  further  enacted,  That  temporarily,  and  until 
otherwise  provided  b}^  law,  the  governor  of  said  Territory  nuiy  define 
the  judicial  districts  of  said  Territory,  and  assign  the  judges  Avho 
may  l)c  appointed  for  said  Teri-itory  to  the  several  districts,  and  also 
appoint  the  times  and  j^laces  for  holding  courts  in  the  several  coun- 
ties or  subdivisions  in  each  of  siiid  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  dis- 
tricts, and  assign  the  judges,  and  alter  the  times  and  places  of  hold- 
ing the  courts,  as  to  them  shall  seem  proper  and  convenient. 

Sec.  20.  And  he  it  further  enacted,  That  every  bill  which  shall  or 
may  pass  the  council  and  house  of  representatives  shall,  before  it 
becomes  a  laAv,  be  presented  to  the  governor  of  tlie  Territory ;  if  he 
approve,  he  shall  sign  it,  but  if  not,  he  shall  return  it,  with  his  objec- 
tions, to  the  house  in  which  it  originated  ;  which  shall  cause  the  objec- 
tions to  be  entered  at  large  uj)on  their  joui'ual,  and  ])roceed  to  recon- 
sider it.  If,  after  such  reconsideration,  two-thirds  of  that  house  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  house,  by  which  it  shall  also  be  reconsidered,  and  if  ap- 
proved 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 


1988  Minnesota— 1857 

nays,  and  the  names  of  the  persons  voting  for  and  against  the  bill 
shall  be  entered  on  the  journal  of  each  house,  respectively.  If  any 
bill  shall  not  be  returned  by  the  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  legislative 
assembly,  by  adjournment,  prevent  it;  in  which  case  it  shall  not 
become  a  law. 

Approved,  March  3,  1849. 


ENABLING  ACT  FOR  MINNESOTA— 1857 

[Thirty-fifth  Congress,  First  Session] 

An  Act  to  authorize  the  People  of  the  Territox-y  of  Minnesota  to  form  a  Consti- 
tution and  State  Government,  preparatory  to  their  Admission  in  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  assembled^  That  the  inhabitants 
of  that  portion  of  the  Territory  of  Minnesota  which  is  embraced  in 
the  following  limits,  to  wit :  Beginning  at  the  point  in  the  centre  of 
the  main  channel  of  the  Red  River  of  the  North  where  the  boundary- 
line  between  the  United  States  and  the  British  possessions  crosses  the 
same;  thence  up  the  main  channel  of  said  river  to  that  of  the  Boix 
des  Sioux  River;  thence  [up]  the  main  channel  of  said  river  to 
Lake  Traverse;  thence  up  the  centre  of  said  lake  to  the  southern 
extremity  thereof;  thence  in  a  direct  line  to  the  head  of  Big  Stone 
Lake ;  thence  through  its  centre  to  its  outlet ;  thence  by  a  due-south 
line  to  the  north  line  of  the  State  of  Iowa ;  thence  east  along  the 
northern  boundary  of  said  State  to  the  main  channel  of  the  Missis- 
sipi)i  River;  thence  up  the  main  channel  of  said  river,  and  following 
the  boundary-line  of  the  State  of  Wisconsin,  until  the  same  intersects 
the  Saint  Louis  River;  thence  doAvn  said  river  to  and  through  Lake 
Superior,  on  the  boundary-line  of  Wisconsin  and  Michigan,  until  it 
intersects  the  dividing-line  between  the  United  States  and  the  British 
possessions;  thence  up  Pigeon  River,  and  following  said  dividing- 
line,  to  the  place  of  beginning — be,  and  they  are  hereby,  authorized 
to  form  for  themselves  a  constitution  and  State  government,  by  the 
name  of  the  State  of  Minnesota,  and  to  come  into  the  ITnion  on  an 
equal  footing  with  the  original  States,  according  to  the  Federal 
Constitution. 

Sec.  2.  And  he  it  further  enacted^  That  the  said  State  of  Minnesota 
shall  have  concurrent  jurisdiction  on  the  Mississippi  and  all  other 
rivers  and  waters  bordering  on  the  said  State  of  Minnesota,  so  far 
as  the  same  shall  form  a  common  boundary  to  said  State  and  any 
other  State  or  States  now  or  hereafter  to  be  formed  or  bounded  by 
the  same,  and  said  river  and  waters,  and  the  navigable  waters  leading 
into  the  same,  shall  be  common  highways  and  forever  free,  as  well 
to  the  inhabitants  of  said  State  as  to  all  other  citizens  of  the  United 
States,  without  any  tax,  duty,  impost,  or  toll  therefor. 

Sec.  3.  And  he  it  further  enacted.  That  on  the  first  Monday  in 
June  next  the  legal  voters  in  each  representative  district,  then  exist- 
ing within  the  limits  of  the  proposed  State,  are  hereby  authorized  to 
elect  two  delegates  for  each  representative  to  which  said  district  may 
be  entitled  according  to  the  apportionment  for  representatives  to  the 


Minnesota— 1857  1989 

territorial  legislature,  which  election  for  delegates  shall  be  held  and 
conducted  and  the  returns  made  in  all  respects  in  conformity  with 
the  laws  of  said  Territory  regulating  the  election  of  re})resentatives; 
and  the  delegates  so  elected  shall  assemble  at  the  capital  of  said 
Territory  on  the  second  Monday  in  July  next,  and  first  determine, 
by  a  vote,  whether  it  is  the  wish  of  the  people  of  the  proposed  State 
to  be  admitted  into  tlie  Union  at  that  time,  and,  if  so,  shall  proceed 
to  form  a  constitution,  and  take  all  necessary  steps  for  the  establish- 
ment of  a  State  government  in  conformity  Avith  the  Federal  Constitu- 
tion, subject  to  the  approval  and  ratification  of  the  people  of  the 
proposed  State. 

Sec.  4.  And  he  it  further  enacted^  That  in  the  event  said  conven- 
tion shall  decide  in  favor  of  the  immediate  admission  of  the  proposed 
State  into  the  Union,  it  shall  be  the  duty  of  the  United  States  mar- 
shal for  said  Territory  to  proceed  to  take  a  census  or  enumeration  of 
the  inhabitants  within  the  limits  of  the  proposed  State,  under  such 
rules  and  regulations  as  shall  be  prescribed  by  the  Secretary  of  the 
Interior,  with  the  view  of  ascertaining  the  number  of  Representatives 
to  which  said  State  may  be  entitled  in  the  Congress  of  the  United 
States;  and  said  State  shall  be  entitled  to  one  Rejjresentative  and 
such  additional  Representatives  as  the.])oi)ulation  of  the  State  shall, 
according  to  the  census,  show  it  would  be  entitled  to  according  to 
the  present  ratio  of  representation. 

Sec.  5.  And  he  it  farther  enaeted.  That  the  following  propositions 
be,  and  the  same  are  hereby,  offered  to  the  said  convention  of  the 
])eople  of  Minnesota  for  their  free  acceptance  or  rejection,  which,  if 
accepted  by  the  convention,  shall  })e  obligatory  on  the  United  States 
and  upon  the  said  State  of  Miimesota.  to  wit : 

First.  That  sections  mnnbered  sixteen  and  thirty-six  in  ever}^  town- 
ship of  public  lands  in  said  State,  and  where  either  of  said  sections, 
or  any  part  thereof,  has  Ijeen  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  (Com- 
missioner of  the  (leneral  Land-Office,  and  to  be  appropriated  and 
applied  in  such  manner  as  the  legislature  of  said  State  may  prescribe 
for  the  purpose  aforesaid,  but  for  no  other  puri)Ose. 

Third.  That  ten  entire  sections  of  land,  to  be  selected  by  the  gov- 
ernor of  said  State,  in  legal  subdivisions,  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. 

Foiirtli.  That  all  salt  springs  within  said  State,  not  exceeding 
twelve  in  number,  with  six  sections  of  land  adjoining,  or  as  contig- 
uous as  may  be  to  each,  shall  l)c  granted  to  said  State  for  its  use; 
the  same  to  be  selected  by  the  governor  thereof  within  one  year  after 
the  admission  of  said  State,  and  when  so  selected  to  be  used  or  dis- 
posed of  on  such  terms,  conditions,  and  regulations  as  the  legislature 
shall  direct:  Promdedj  That  no  salt  spring  or  land,  the  right  whereof 
is  now  A'ested  in  any  individual  or  individuals,  or  which  may  be 
hereafter  confirmed  or  adjudged  to  any  individual  or  individuals, 
shall,  by  this  article,  be  granted  to  said  State. 


1990  Minnesota— 1858 

Fifth.  That  five  per  centum  of  the  net  proceeds  of  sales  of  all  pub- 
lic lands  lying  within  said  State,  which  sliall  l)e  sold  by  Congress 
after  the  admission  of  the  said  State  into  tlie  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,  as 
the  legislature  shall  direct:  Provided .^  The  foregoing  propositions 
herein  offered  are  on  the  condition  that  the  said  convention  which 
shall  form  the  constitution  of  said  State  shall  jirovide,  by  a  clause 
in  said  constitution,  or  an  ordinance,  irrevocabk^  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  regulations  Congress  may  find  necessary  for  securing  the 
title  in  said  soil  to  hona-fide  purchasers  thereof;  and  that  no  tax 
shall  be  imposed  on  lands  belonging  to  the  United  States,  and  that 
in  no  case  shall  non-resident  proprietors  be  taxed  higher  than 
residents. 

Approved,  February  26,  1857. 


ACT  FOR  THE  ADMISSION  OF  MINNESOTA— 1858 

[Thirty-fifth  Congbess,  First  Session] 
An  Act  for  the  Admission  of  the  State  of  Minnesota  into  the  Union 

Whereas  an  act  of  Congress  was  passed  February  twenty-six,  eight- 
een hundred  and  fifty-seven,  entitled  "An  act  to  authorize  the  people 
of  the  Territory  of  Minnesota  to  form  a  constitution  and  state  gov- 
ernment preparatory  to  their  admission  into  the  Union  on  an  equal 
footing  with  the  original  States;  "  and  whereas  the  people  of  said 
Territory  did,  on  the  twenty-ninth  day  of  August,  eighteen  hundred 
and  fifty-seven,  by  delegates  elected  for  that  purpose,  form  for  them- 
selves a  constitution  and  state  government,  which  is  republican  in 
form,  and  w^as  ratified  and  adopted  by  the  people,  at  an  election  held 
on  the  thirteenth  day  of  October,  eighteen  hundred  and  fifty-seven, 
for  that  purpose:  therefore 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  Ame7'ica  in  Congress  assembled^  That  the  State  of 
Minnesota  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  wdiatever. 

Sec.  2.  And  he  it  further  enacted..  That  said  State  shall  be  entitled 
to  two  representatives  in  Congress  until  the  next  apportionment  of 
representatives  amongst  the  several  States. 

Sec.  3.  And  he  it  further  enacted^  That  from  and  after  the  admis- 
sion of  the  State  of  Minnesota,  as  hereinbefore  provided,  all  the  laws 
of  the  United  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,  Avith  the  like  powers 
and  jurisdiction  as  the  district  court  of  the  United  States  for  the  dis- 
trict of  Iowa,  shall  be  established;  the  judge,  attorney,  and  marshal 
of  the  United  States  for  the  said  district  of  ^linnesota  shall  reside 
within  the  same,  and  shall  be  entitled  to  the  same  compensation  as 


Minnesota— 1857  1991 

the  judge,  attorney,  and  marshal  of  the  district  of  Iowa :  and  in  all 
cases  of  appeal  or  writ  of  error  heretofore  prosecuted  and  now  pend- 
ing in  the  supreme  court  of  the  United  States,  upon  any  record  from 
the  supreme  court  of  Minnesota  Territory,  the  mandate  of  execution 
or  order  of  further  proceedings  shall  be  directed  by  the  supreme  court 
of  the  United  States  to  the  district  court  of  the  United  States  for  the 
district  of  ^Minnesota,  or  to  the  sujireme  court  of  the  State  of  Minne- 
sota, as  the  nature  of  such  ap})eal  or  writ  of  error  ma}'  require;  and 
each  of  those  courts  shall  be  the  successor  of  the  supreme  court  of 
Minnesota  Territory,  as  to  all  such  cases,  with  full  power  to  hear  and 
determine  the  same,  and  to  award  mesne  or  final  process  therein. 
Approved,  May  11,  1858. 


CONSTITUTION  OF  MINNESOTA— 1857  *  o 

PREAMBLE 

We,  the  people  of  the  State  of  Minnesota,  grateful  to  God  for  our 
civil  and  religious  liberty,  and  desiring  to  perpetuate  its  blessings 
and  secure  the  same  to  ourselves  and  our  posterity,  do  ordaiii  and 
establish  this  constitution: 

Article  I. 

BILL    OF    RIGHTS 

Section  1.  Government  is  instituted  for  the  security,  benefit  and 
protection  of  the  people,  in  Avhom  all  political  power  is  inherent, 
together  with  the  right  to  alter,  modify  or  reform  such  government, 
whenever  the  public  good  may  require  it. 

Sec.  2.  No  meml)er  of  this  State  shall  be  disfranchised,  or  deprived 
of  any  of  the  rights  or  i)rivileges  secured  to  any  citizen  thereof,  unless 
by  the  law  of  the  land,  or  the  judgment  of  his  peers.  There  shall 
l)e  ueilhei-  slavery  nor  involuntary  servitude  in  the  State  otherwise 
than  in  the  punishment  of  crime,  whereof  the  party  shall  have  been 
duly  convicted. 

Sec.  3.  The  liberty  of  the  press  shall  forever  remain  inviolate,  and 
all  persons  may  freely  speak,  write  and  publish  their  sentiments  on 
all  subjects,  being  responsible  for  the  abuse  of  such  right. 

*  Verified  from  official  copy  received  fi'oiii  the  Seci'etary  of  State  of  Minnesota. 

The  Debates  iuid  Proceedinjis  of  the  Minucsota  Constitutional  Convention 
iucludin;;  the  or.i::inii'  act  of  the  Territory,  witli  the  eiiahliui:  Act  of  Congress, 
tlie  act  of  tlie  Territorial  T.eirislaturc  Relative  to  tlie  Convention,  and  the  vote 
of  the  I'eople  on  the  Constitiitioii.  Reiiorted  (Xticially  l)y  Fram-is  II.  Smith. 
Saint  I'aul  :  Earl  S.  Goodrich.  Territorial  Printer.  IMoneer  and  Democrat  office. 
1857.     Pp.  6r)l-(;77. 

See  .Journal  of  the  Constitutional  Convention  of  the  Territory  of  Minnesota. 
Hegnn  and  held  in  the  city  of  Saint  Paul.  Capital  of  said  Territory,  on  Monday, 
the  Thirteenth  day  of  .Tnly.  one  Thousand  eight  hundred  and  tifty-seven.  Saint 
Paul:  Earle  S.  Goodrich.  State  Printer.  Pioneer  and  Democrat  Gffice.  1S.57. 
P]).  171-201. 

Also  Del)ates  and  Proce«Hlings  of  the  Constitutional  Convention  for  the  Ter- 
ritory of  .Mhinesota.  to  form  a  State  Constitution  preparatory  to  its  admission 
into  the  I'nion  as  a  State.  T.  F.  .Vndrews.  Oliicial  Reporter  to  the  i-onvention. 
Saint  I'aul:  George  W.  Moore.  Printer.     Minuesotian  office.     1858.     Pp.  GOo-tilf). 

<*  Adopted  October  13,  1857.     Ayes.  30.055 ;  noes,  571. 


1992  Minnesota— 1857 

Sec.  4.  The  right  of  trial  by  jury  shall  remain  inviolate,  and  shall 
extend  to  all  cases  at  law  without  regard  to  the  amount  in  contro- 
versy, but  a  jury  trial  may  be  waived  by  the  parties  in  all  cases  in 
the  manner  prescribed  by  law ;  [and  the  legislature  may  provide 
that  the  agreement  of  five-sixths  of  any  jury  in  any  civil  action  or 
proceeding,  after  not  less  than  six  (6)  hours'  deliberation,  shall  be 
a  sufficient  verdict  therein.]  " 

Sec.  5.  Excessive  bail  shall  not  be  required,  nor  shall  excessive 
fines  be  imposed ;  nor  shall  cruel  or  unusual  punishments  be  inflicted. 

^  Sec.  ().  In  all  criminal  prosecutions  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  county 
or  district  whei'ein  the  crime  shall  have  been  committed,  which  county 
or  district  shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation,  to  be  confronted 
with  the  witnesses  against  him,  to  have  compulsory  process  for  obtain- 
ing witnesses  in  his  favor,  and  to  have  the  assistance  of  counsel  in  his 
defense. 

Sec.  T.  No  person  shall  be  held  to  answer  for  a  criminal  offense 
without  due  process  of  law,  and  no  person  for  the  same  offense  shall  be 
put  twice  in  jeopardy  of  punishment,  nor  shall  be  compelled  in  any 
criminal  case  to  be  a  witness  against  himself,  nor  be  deprived  of  life, 
liberty  or  property  without  due  process  of  law.  All  persons  shall 
before  conviction  be  bailable  by  sufficient  sureties,  except  for  capital 
offenses  when  the  proof  is  evident  or  the  iDresumption  great ;  and 
the  privilege  of  the  w^'it  of  habeas  corpus  shall  not  be  suspended 
nnless  when  in  case  of  rebellion  or  invasion  the  public  safety  may 
require. 

Sec.  8.  Every  person  is  entitled  to  a  certain  remedy  in  the  laws 
for  all  injuries  or  w^rongs  which  he  may  receive  in  his  person,  prop- 
erty or  character;  he  ought  to  obtain  justice  freely  and  without  pur- 
chase; completely  and  without  denial:  promptly  and  without  delay, 
conformable  to  the  laws. 

Sec.  9.  Treason  against  the  State  shall  consist  only  in  levying  w^ar 
against  the  same,  or  in  adhering  to  its  enemies,  giving  them  aid  and 
comfort.  No  person  shall  be  convicted  of  treason  unless  on  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  on  confession  in  open 
court. 

Sec.  10.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches  and  seizures, 
shall  not  be  violated ;  and  no  warrant  shall  issue  but  upon  proljable 
cause,  supported  by  oath  or  affirmation,  and  particularly  describing 
the  place  to  be  searched  and  the  person  or  things  to  be  seized. 

Sec.  11.  No  bill  of  attainder,  e.v  poKf  facto  law,  nor  any  law  im- 
pairing the  obligation  of  contracts  shall  ever  be  passed,  and  no  con- 
viction shall  work  corruption  of  blood  or  forfeiture  of  estate. 

Sec.  12.  No  person  shall  be  imprisoned  for  debt  in  this  State,'"  but 
this  shall  not  prevent  the  legislature  from  j^roviding  for  imprison- 

a  The  clause  in  V>rac'kets  was  adopted  Nov.  4.  ISIV*. 

^  The  jury  contemplated  by  this  section,  securing  the  right  to  jury  trial  in 
criminal  cases,  is  a  body  of  twelve  men.  and  it  is  error  to  try  a  party  charged 
with  crime  in  a  justice  court,  against  his  objection,  with  a  jury  of  six.  The  fact 
that  he  may  appeal  to  the  district  court,  on  entering  into  recognizance  with 
sureties,  does  not  change  the  rule.     14  Minn.  330. 

<•  23  Minn.  1 ;  23  Minn.  411. 


Minnesota— 1857  1993 

ment,  or  holding  to  bail,  persons  charged  with  fraud  in  contracting 
said  debt.  xV  reasonable  amount  of  property  shall  be  exempt  from 
seizure  or  sale  for  the  payment  of  any  debt  or  liability.  The  amount 
of  such  exemption  shall  be  determined  by  law.  [Proimled,  hoirever, 
that  all  property  so  exempted  shall  be  liable  to  seizure  and  sale  for  any 
debts  incurred  to  any  person  for  work  done  or  materials  furnished  in 
the  contraction,  repair  or  improvement  of  the  same;  and,  prov'tded 
further,  that -such  liability  to  seizure  and  sale  shall  also  extend  to 
all  real  property  for  any  debt  incurred  to  any  laborer  or  servant  for 
labor  or  service  performed.]  " 

Sec.  13.  Private  property  shall  not  be  taken,  destroyed  or  damaged 
for  public  use  without  just  compensation  therefor,  first  i)aid  or 
secured.^ 

Sec.  14.  The  military  shall  be  subordinate  to  the  civil  power,  and 
no  standing  army  shall  be  kept  up  in  this  State  in  time  of  peace. 

Sec.  15.  All  lands  within  the  State  are  declared  to  be  allodial,  and 
feudal  tenures  of  every  description,  with  all  their  incidents,  are  pro- 
hibited. Leases  and  grants  of  agricultural  lands  for  a  longer  period 
than  twenty-one  years,  hereafter  made,  in  which  shall  be  reserved 
any  rent  or  service  of  any  kind,  shall  be  void. 

Sec.  If).  The  enumeration  of  rights  in  this  constitution  shall  not 
be  construed  to  deny  or  impair  others  retained  by  and  inherent  in 
the  people.  The  right  of  every  man  to  worship  God  according  to  the 
dictates  of  his  own  conscience  shall  never  be  infringed,  nor  shall  any 
man  be  compelled  to  attend,  erect  or  support  any  place  of  worship, 
or  to  maintain  any  religious  or  ecclesiastical  ministry,  against  his 
consent ;  nor  shall  any  control  of  or  interference  with  the  rights  of 
conscience  be  permitted,  or  any  preference  be  given  by  law  to  any 
religious  establishment  or  mode  of  worship:  but  the  lil)erty  of  con- 
science hereby  secured  shall  not  be  so  construed  as  to  excuse  acts  of 
licentiousness,  or  justify  practices  inconsistent  with  the  peace  or 
safety  of  the  State,  nor  shall  any  money  be  drawn  from  the  treasury 
for  tlie  benefit  of  any  religious  societies,  or  religious  or  theological 
seminaries. 

Sec.  17.  No  religious  test  or  amount  of  property  shall  ever  be 
required  as  a  qualification  for  any  office  of  public  trust  under  the 
State.  No  religious  test  or  amount  of  })roperty  shall  ever  be  required 
as  a  (pialification  of  any  voter  at  any  election  in  this  State;  nor  shall 
any  person  be  rendered  incompetent  to  give  evidence  in  any  court 
of  law  or  equity  in  consequence  of  his  opinion  upon  the  subject  of 
religion. 

Article  II 

ON    NAME    AND    BOUNDARIES 

Section  1.  This  State  shall  be  called  and  known  by  the  name  of  the 
State  of  Minnesota,  and  shall  consist  of  and  have  jurisdiction  over 
the  territory  embraced  in  the  following  boundaries,  to-wit :  Begin- 
ning at  the  point  in  the  center  of  the  main  channel  of  the  Ked  Kiver 
of  the  North,  where  the  boundary  line  between  the  United  Slates  and 

"The  f'liuise  in  brackets  was  adopted  Nov.  <!,  1888. 

6  The  Vv'Oixis  "destroyed  or  damaged  "  inserted  hy  amendment  adopted  Nov.  3, 
1896. 


1994  Minnesota— 1857 

British  Possessions  crosses  the  same ;  thence  up  the  main  channel  of 
said  river  to  that  of  the  Bois  ties  Sioux  river;  thence  up  the  main 
channel  of  said  river  to  Lake  Traverse;  thence  up  the  center  of  said 
lake  to  the  southern  extremity  thereof;  thence  in  a  direct  line  to  the 
head  of  Big  Stone  lake ;  thence  through  its  center  to  its  outlet ;  thence 
by  a  due  south  line  to  the  north  line  of  the  State  of  Iowa;  thence 
east  along  the  northern  boundary  of  said  State  to  the  main  channel 
of  the  Mississippi  river;  thence  up  the  main  channel- of  said  river 
and  following  the  boundary  line  of  the  State  of  Wisconsin  until  the 
same  intersects  the  St.  Louis  river ;  thence  down  the  said  river  to  and 
through  Lake  Superior,  on  the  boundary  line  of  Wisconsin  and 
Michigan,  until  it  intersects  the  dividing  line  between  the  United 
States  and  British  Possessions ;  thence  up  Pigeon  river  and  following 
said  dividing  line  to  the  jilace  of  beginning." 

Sec,  2.  The  State  of  Minnesota  shall  liaA'e  concurrent  jurisdiction 
on  the  Mississippi  and  on  all  other  rivers  and  waters  bordering  on  the 
said  State  of  Minnesota,  so  far  as  the  same  shall  form  a  common 
boundary  to  said  State,  and  any  other  state  or  states  now  or  here- 
after to  be  formed  by  the  same ;  and  said  rivers  and  waters,  and  navi- 
gable waters  leading  into  the  same,  shall  l)e  common  highways  and 
forever  free,  as  well  to  the  inhabitants  of  said  State  as  to  other  citi- 
zens of  the  United  States,  without  any  tax,  duty,  impost,  or  toll 
therefor. 

Sec.  3.  The  propositions  contained  in  the  act  of  Congress  entitled, 
"An  act  to  authorize  the  people  of  the  Territory  of  Minnesota  to  form 
a  constitution  and  state  government,  preparatory  to  their  admission 
into  the  Union  on  equal  footing  with  the  original  states,''  are  hereby 

o  The  nortlieru  boundary  of  the  state  at  the  Lake  of  the  Woods  is  projected 
beyond  the  4!)th  parallel  a  distance  of  about  twenty  miles,  making  a  wedge- 
shaped  jog  through  the  lake  until  it  strikes  firm  ground  on  the  west  bank  of 
the  lake;  thence  in  a  due  south  line  to  the  40th  parallel.  The  explanation 
of  this  jog  is  found  in  the  subjoined  paragraphs :  In  the  seventh  article  of  the 
treaty  of  Ghent,  section  10  reads  as  follows  :  8ec.  10.  Resolved  that  the  follow- 
ing described  (also  represented  on  said  map  as  before  mentioned),  is,  in  the 
opinion  of  the  commissioners,  so  far  as  the  same  extends,  the  true  boundary 
intended  by  the  before  mentioned  treaties,  namely ;  *  *  *  thence  through 
the  middle  of  the  waters  of  this  bay  to  the  northwest  extremity  of  the  same; 
being  the  most  northwestern  point  of  the  Lake  of  the  Woods,  and  from  a  monu- 
ment in  this  bay,  on  the  nearest  firm  ground  to  the  above  northwest  extremity 
of  said  bav,  the  courses  and  distances  are  as  follows :  5(i°  W.  l,.5G.5i  feet ;  2d, 
N.  G°  AV.  SOU  feet ;  3d,  N.  28^  W.  61.5.4  feet ;  4th.  N.  27°  10'  W.  49."..4  feet :  5th. 
N.  5°  10'  E.  1..322J  feet:  6th,  N.  7°  45'  W.  493  feet,  the  variation  being  12° 
east.  The  termination  of  this  6th  and  last  course  and  distance  being  the  above 
said  most  northwestern  point  of  the  Lake  of  the  WikkIs.  as  designated  by  the 
seventh  article  of  the  treat.v  of  Ghent,  and  being  in  latitude  40°  23'  55"  north 
of  the  equator,  and  in  longitude  05°  14'  38"  west  from  Greenwich.  The  second 
article  of  the  convention  of  181S  is  as  follows :  Article  2.  It  is  agreed  that  a 
line  drawn  from  the  most  northwestern  point  of  the  Lake  of  the  Woods  along 
the  49th  parallel  of  north  latitude,  or,  if  the  said  point  shall  not  be  in  the  49th 
parallel  of  north  latitude,  then  that  a  line  drawn  from  the  said  point  due  north 
or  south,  as  the  case  may  be,  until  the  said  line  shall  intersect  the  said  parallel 
of  north  latitude,  and  from  the  point  of  such  intersection  due  west,  ahmg  and 
with  the  said  parallel,  shall  be  the  line  of  demarkation  between  the  territories 
of  the  United  States  and  His  Britannic  Majesty,  and  that  the  said  line  shall 
form  the  northern  boundary  of  the  said  territories  of  the  United  Sates  and  the 
southern  boundary  of  his  Britannic  Majesty,  from  the  Lake  of  the  Woods  to 
the  Stony  Mountains.  This  boundary  was  re-established  and  determined  by  a 
commission  authorized  by  congress,  and  the  surveys  embracing  four  years  were 
made  and  reported  to  congress  in  1877. 


Minnesota— 1857  1995 

accepted,  ratified  and  confirmed,  and  shall  remain  irrevocable  without 
the  consent  of  the  United  States ;  and  it  is  hereby  ordained  that  this 
State  shall  never  interfere  with  the  primary  disposal  of  the  soil 
within  the  same,  by  the  United  States,  or  with  any  regulations  Con- 
gress may  find  necessary  for  securing  the  title  to  said  soil  to  hmui  fde 
purchasers  thereof;  and  no  tax  shall  be  imposed  on  lands  belonging 
to  the  United  States  and  in  no  case  shall  non-resident  proprietors  be 
taxed  higher  than  residents. 

Article  III 

DISTRIBUTION  OF  THE  POWERS  OF  GOVERNMENT 

Section  1.  The  powers  of  government  shall  be  divided  into  three 
distinct  departments — legislative,  executive,  and  judicial;  and  no 
person  or  persons  belonging  to  or  constituting  one  of  these  depart- 
ments shall  exercise  any  of  the  powers  properly  belonging  to  either 
of  the  others,  except  in  the  instances  expressly  provided  in  this  con- 
stitution.<* 

Article  IV 

LEGISLATIVE    DEPARTMENT 

Section  1.  The  legislature  shall  consist  of  the  Senate  and  House 
of  Representatives,  which  shall  meet  bienniall}'  at  the  seat  of  gov- 
ernment of  the  State,  at  such  time  as  shall  be  prescribed  by  law,  but 
no  session  shall  exceed  the  term  of  ninety  (90)  legislative  days;* 
and  no  new  bill  shall  be  introduced  in  either  branch,  except  on  the 
written  request  of  the  governor,  during  the  last  twenty  (20)  days  of 
such  sessions,  except  the  attention  of  the  legislatui-e  shall  be  called  to 
some  important  matter  of  general  interest  by  a  special  message  from 
the  governor." 

Sec.  2.  The  number  of  members  who  compose  the  Senate  and 
House  of  Representatives  shall  be  prescribed  by  law,  but  the  repre- 
sentatives in  the  Senate  shall  never  exceed  one  member  for  every 
5,000  inhabitants,  and  in  the  House  of  Representatives  one  member 
for  every  2,000  inhabitants.  The  re]:)resentation  in  both  houses  shall 
be  apportioned  ecpially  throughout  the  different  sections  of  the  State, 
in  proportion  to  the  poi)ulation  thereof,  exclusive  of  Indians  not 
taxable  under  the  provisions  of  law. 

Sec.  8.  Each  house  shall  l)e  the  judge  of  the  election  returns  and 
eligibilit}'  of  its  own  moml)ers;''  a  majority  of  each  shall  constitute 

"  Courts  cannot  control  or  interfere  with  an  executive  officer  of  the  state  in 
his  official  acts,  even  thoufrh  they  are  such  that  the  duty  to  perform  them  ini.u:ht 
have  heen  entrusted  to  some  other  officer.     28  Minn.  .50. 

&  Feh.  .""),  1S8'.).  tlie  judiciary  committee  of  the  House  of  Keprcsentatives  unani- 
mously reported,  "  that  it  was  clearly  the  purpose  of  the  lej^islatiu-c  wliich  pro- 
pos<Ml  this  am(>ndnient  of  the  ('^)nstitution  to  the  ])eople.  and  plainly  tlic  inten- 
tion of  the  jx'ojile  themselves,  when  votint:  for  its  adoption,  to  limit  the  sessions 
of  the  leuislature  to  ninety  days,  excluding;  only  Sundays  and  lcjj;al  holidays." 
Also  that  twenty  days"  linutation  of  introduction  of  hills  hefore  adjoiu'nment 
only  applied  to  the  period  of  ninety  days,  and  proportionately  for  a  shorter 
session. 

''  Amendment  adopted  Nov.  (5,  188S. 

•i  The  election  of  a  state  senator  or  rei)resentative  to  congress  does  not  nec- 
essarily create  a  vacancy.  Senate  Journal,  1889,  page  001'.  See  opinion  of 
Att'y  Gen.  Clapp. 


1996  Minnesota— 1857 

a  quorum  to  transact  business,  but  a  smaller  number  may  adjourn 
from  da}^  to  day,  and  compel  the  attendance  of  absent  members  in 
such  manner  and  under  such  penalties  as  it  maj^  provide. 

Sec.  4.  Each  house  may  determine  the  rules  of  its  proceedings,  sit 
upon  its  own  adjournment,  punish  its  members  for  disorderly  behav- 
ior, and,  with  the  concurrence  of  two-thirds,  expel  a  member;  but 
no  member  shall  be  expelled  the  second  time  for  the  same  offense. 

Sec.  5.  The  House  of  Representatives  shall  elect  its  presidino;  officer 
and  the  Senate  and  House  of  Representatives  shall  elect  such  other 
officers  as  may  be  provided  by  law ;  they  shall  keep  journals  of  their 
proceedings,  and  from  time  to  time  publish  the  same,  and  the  yeas 
and  nays,  when  taken  on  any  question,  shall  be  entered  on  such 
journals. 

Sec.  6.  Neither  house  shall,  during  a  session  of  the  legislature, 
adjourn  for  more  than  three  days  (Sundays  excepted),  nor  to  any 
other  place  than  that  in  Avhich  the  two  houses  shall  be  assembled, 
without  the  consent  of  the  other  house. 

Sec.  7.  The  compensation  of  senators  and  representatives  shall  be 
three  dollars  per  diem  during  the  first  session,  but  may  afterwards  be 
prescribed  by  law.*  But  no  increase  of  compensation  shall  be  pre- 
scribed which  shall  take  effect  during  the  period  for  which  the  mem- 
bers of  the  existing  House  of  Representatives  may  have  been  elected. 

Sec.  8.  The  members  of  each  house  shall  in  all  cases,  except  treason, 
felony,  and  breach  of  the  peace,  be  privileged  from  arrest  during  the 
session  of  their  respective  houses,  and  in  going  to  or  returning  from 
the  same.  For  any  speech  or  debate  in  either  house  they  shall  not  be 
questioned  in  any  other  place. 

Sec.  9.  No  senator  or  representative  shall,  during  the  time  for 
which  he  is  elected,  hold  any  office  under  the  authority  of  the  United 
States  or  the  State  of  Minnesota,  except  that  of  postmaster,  and  no 
senator  or  representative  shall  hold  an  office  under  the  state  which  has 
been  created  or  the  emoluments  of  which  have  been  increased  during 
the  session  of  the  legislature  of  which  he  was  a  member,  until  one 
year  after  the  expiration  of  his  term  of  office  in  the  legislature.'^ 

Sec.  10.  All  bills  for  raising  a  revenue  shall  originate  in  the  House 
of  Representatives,  but  the  Senate  may  propose  and  concur  with 
amendments  as  on  other  bills. 

Sec.  11.  Every  bill  which  shall  have  passed  the  Senate  and  House 
of  Representatives,  in  conformity  to  the  rules  of  each  house  and  (he 
joint  rules  of  the  two  houses,  shall,  before  it  becomes  a  law,  be  pre- 
sented to  the  governor  of  the  State.  If  he  approve,  he  shall  sign  and 
deposit  it  in  the  office  of  secretary  of  state  for  preservation,  and  notify 
the  house  where  it  originated  of  the  fact.  But  if  not.  he  shall  return 
it,  with  his  objections,  to  the  house  in  which  it  shall  have  originated ; 
when  such  objections  shall  be  entered  at  large  on  the  journal  of  the 
same,  and  the  house  shall  proceed  to  reconsider  the  bill.  If,  after 
such  reconsideration,  two-thirds  of  that  house  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  Avith  the  objections,  to  the  other  house, 
by  which  it  shall  likewise  be  reconsidered;  and  if  it  be  approved  bv 
two-thirds  of  that  house  it  shall  become  a  law.  But  in  all  such  cases 
the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays,  and 
the  names  of  the  persons  voting  for  or  against  the  bill  shall  be  entered 

a  :Made  .$5.00  per  day,  G.  L.  1873,  cli.  113. 
6  27  Minu.  460. 


Minnesota— 1867  1997 

on  the  journal  of  each  house,  respectively.  If  any  bill  shall  not  l)e 
returned  by  the  governor  within  three  days  (Sundays  excepted)  after 
it  shall  have  been  presented  to  him,  the  same  shall  be  a  law  in  like 
manner  as  if  he  had  signed  it,  unless  the  legislature,  by  adjournment 
within  that  time,  prevents  its  return;  in  which  case  it  shall  not  be  a 
law.  The  governor  may  approve,  sign  and  file  in  the  office  of  the 
secretary  of  state,  within  three  days  after  the  adjournment  of  the  leg- 
islature, any  act  passed  during  the  last  three  days  of  the  session,  and 
the  same  shall  become  a  law. 

[If  any  bill  presented  to  the  governor  contain  several  items  of 
appropriation  of  money,  he  may  object  to  one  or  more  of  such  items, 
while  approving  of  the  other  portion  of  the  bill.  In  such  case  he 
shall  ai^pend  to  the  bill,  at  the  time  of  signing-  it,  a  statement  of  the 
items  to  which  he  objects,  and  the  appropriation  so  objected  to  shall 
not  take  efJ'ect.  If  the  legislature  be  in  session,  he  shall  transmit  to 
the  house  in  which  the  bill  originated  a  copy  of  such  statement,  and 
the  items  objected  to  shall  be  separately  reconsidered.  If.  on  recon- 
sideration, one  or  more  of  such  items  be  approved  by  two-thirds  of 
the  members  elected  to  each  house,  thesame  shall  be  a  part  of  the  law, 
notwithstanding  the  objections  of  the  governor.  All  the  provisions 
of  this  section,  in  relation  to  bills  not  approved  by  the  governor,  shall 
apply  in  cases  in  which  he  shall  withhold  his  approval  from  any  item 
or  items  contained  in  a  bill  appropriating  money.]  " 

Sec.  12.  Xo  money  shall  be  approj^riated  except  1)v  bill.  Every 
order,  resolution  or  vote  re([uiring  the  concurrence  of  the  two  houses 
(except  such  as  relate  to  the  business  or  adjournment  of  the  same) 
shall  be  presented  to  the  governor  for  his  signature,  and,  before  the 
same  shall  take  effect,  shall  be  approved  by  him,  or,  being  returned 
by  him  with  his  objections,  shall  be  repassed  by  two-thirds  of  the 
members  of  the  two  houses,  according  to  the  rules  and  limitations 
jH'escribed  in  case  of  a  bill. 

Sec.  18.  The  style  of  all  laws  of  this  State  shall  be:  '*  Be  it  enacted 
hy  the  Legislature  of  the  State  of  Minnesota."  Xo  laAv  shall, be 
}iassed  unless  voted  for  by  a  majority  of  all  the  meml)ers  elected  to 
each  branch  of  the  legislatuiv,  and  the  vote  entered  upon  the  journal 
of  each  house. 

Sec.  14.  The  House  of  Ivepresentatives  shall  have  the  sole  power  of 
impeachment,  through  a  coucurrence  of  a  majority  of  all  the  members 
elected  to  seats  therein.  All  impeachments  shall  be  tried  by  the  Sen- 
ate; and  when  sitting  for  that  purpose  the  senators  shall  Ix'  upon  oath 
or  affirmation  to  do  justice  according  to  law  and  evidence.  Xo  per- 
son shall  be  convicted  Avithout  the  concurrence  of  two-thirds  of  the 
members  present. 

Sec.  IT).  The  legislature  shall  ha\'e  full  power  to  exclude  from  the 
])i-ivilege  of  electing  or  being  elected  any  person  convicted  of  bribery, 
perjury,  or  any  other  infamous  criuie. 

Sec.  IG.  Two  or  more  members  of  either  house  shall  have  liberty  to 
dissent  and  j^rotest  against  any  act  or  resolution  Avhich  they  may 
think  injurious  to  the  jniblic  or  to  any  individual,  and  have  the  rea- 
son of  their  dissent  entennl  on  the  joiu'ual. 

Sec.  17.  The  governor  shall  issue  writs  of  election  to  Hll  such 
vacancies  as  may  occur  in  either  house  of  the  legislature.     The  legis- 


«Tbis  paragraitli  in  brackets  was  ailoptod  Nov.  7.  187G. 


1998  Minnesota— 1857 

lature  shall  prescribe  by  law  the  manner  in  which  evidence  in  cases 
of  contested  seats  in  either  house  shall  be  taken. 

Sec.  18.  Each  house  may  punish  by  imprisonment,  during  its  ses- 
sion, any  person,  not  a  member,  who  shall  be  guilty  of  any  disorderly 
or  contemptuous  behavior  in  their  presence,  but  no  such  imprisonment 
shall  at  any  time  exceed  twenty-four  hours. 

Sec.  19.  Each  house  shall  be  open  to  the  public  during  the  sessions 
thereof,  except  in  such  cases  as  in  their  oj^inion  may  require  secrecy. 

Sec.  20.  Every  bill  shall  be  read  on  three  difl'erent  days  in  each 
separate  house,  unless,  in  case  of  urgency,  two-thirds  of  the  house 
where  such  bill  is  depending  shall  deem  it  expedient  to  dispense 
with  this  rule;  and  no  bill  shall  be  passed  by  either  house  until  it 
shall  have  been  previously  read  twice  at  length." 

Sec.  21.  Every  bill  having  passed  both  houses  shall  be  carefully 
enrolled,  and  shall  be  signed  by  the  presiding  officer  of  each  house. 
Any  presiding  officer  refusing  to  sign  a  bill  which  shall  have  pre- 
viously passed  both  houses  shall  thereafter  be  incapable  of  holding 
a  seat  in  either  branch  of  the  legislature,  or  hold  any  other  office  of 
honor  or  profit  in  the  State,  and  in  case  of  such  refusal,  each  house 
shall,  by  rule,  provide  the  manner  in  which  such  bill  shall  be 
properly  certified  for  presentation  to  the  governor. 

Sec.  22.  No  bill  shall  be  passed  by  either  house  of  the  legislature 
upon  the  day  prescribed  for  the  adjournment  of  the  two  houses. 
But  this  section  shall  not  be  so  construed  as  to  preclude  the  enroll- 
ment of  a  bill,  or  the  signature  and  passage  from  one  house  to  the 
other,  or  the  reports  thereon  from  committees,  or  its  transmission 
to  the  executive  for  his  signature. 

Sec.  23.  The  legislature  shall  provide  by  law  for  an  enumeration 
of  the  inhabitants  of  this  State  in  the  year  one  thousand  eight  hun- 
dred and  sixty-five,  and  every  tenth  year  thereafter.  At  their  first 
session  after  each  enumeration  so  made,  and  also  at  their  first  session 
after  each  enumeration  made  by  the  authority  of  the  United  States, 
the  legislature  shall  have  the  power  to  prescribe  the  bounds  of  con- 
gressional, senatorial  and  representative  districts,  and  to  apportion 
anew  the  senators  and  representatives  among  the  several  districts 
according  to  the  provisions  of  section  second  of  this  article. 

Sec.  24.  The  senators  shall  also  be  chosen  by  single  districts  of 
convenient  contiguous  territory,  at  the  same  time  that  members  of 
the  house  of  representatives  are  required  to  be  chosen,  and  in  the 
same  manner;  and  no  representative  district  shall  be  divided  in  the 
formation  of  a  senate  district.  The  senate  districts  shall  be  num- 
bered in  a  regular  series.  The  terms  of  office  of  senators  and  repre- 
sentatives shall  be  the  same  as  now  prescribed  by  law  until  the  gen- 
eral election  of  the  year  one  thousand  eight  hundred  and  seventy- 
eight  (1878),  at  which  time  tliere  shall  be  an  entire  new  election  of 
all  the  senators  and  representatives.  Representatives  chosen  at  such 
election,  or  at  any  election  thereafter,  shall  hold  their  office  for  the 
term  of  two  years,  except  it  be  to  fill  a  vacancy;  and  the  senators 
chosen  at  such  election  by  districts  designated  as  odd  numbers  shall 
go  out  of  office  at  the  expiration  of  the  second  year,  and  senators 
chosen  by  districts  designated  by  even  numbers  shall  go  out  of  office 

o  Provision  as  to  manner  of  passing  bills  imperative  and  not  directory. 
2  Minn,  .330. 


Minnesota— 1857  1999 

at  the  expiration  of  the  fourth  year:  and  thereafter  senators  shall 
be  chosen  for  four  years,  except  there  shall  be  an  entire  new  election 
of  all  the  senators  at  the  election  of  representatiyes  next  succeeding 
each  new  apportionment  proyided  for  in  this  article." 

Sec.  25.  Senators  and  representatiyes  shall  be  qualified  yoters  of 
the  State,  and  shall  haA^e  resided  one  year  in  the  State  and  six 
months  inmiediately  preceding  the  election  in  the  district  from 
which  they  are  elected. 

Sec.  20.  Members  of  the  Senate  of  the  I'nited  States  from  this 
State  shall  be  elected  by  the  two  houses  of  the  legislature  in  joint 
conyention,  at  such  time  and  in  such  manner  as  may  be  provided  by 
law.» 

Sec.  27.  No  law  shall  embrace  more  than  one  subject,  which  shall 
be  expressed  in  its  title.'^ 

Sec.  28.  Divorces  shall  not  be  granted  by  the  legislature. 

Sec.  29.  All  members  and  officers  of  both  branches  of  the  legisla- 
ture shall,  before  entering  upon  the  duties  of  theii'  respective  trusts, 
take  and  subscribe  an  oath  or  affirmation  to  support  the  Constitution 
of  the  United  States,  the  Constitution  of  the  State  of  ]Minnesota,  and 

"  St.  Pax'I,.  Aufi.   11.  ]Sf)2. 
Hon.   F.  I'.  Brown,  Sccrctari/  of  ,^t(itc. 

Dear  Sir:  You  inquire  whether  it  will  be  lU'cessary  to  .uive  notice  of  election 
of  state  senators  for  odd  numbered  districts,  at  the  coniinj?  general  election. 

Your  in(iuiry  is  evidently  based  uiion  the  language  of  section  24  of  article 
4  of  the  constitution  of  the  State  of  .Miiuiesota.      (See  sec.  24  above.) 

The  above  is  as  section  24  reads  since  its  amendment  in  1.S77.  It  will 
be  seen  that  by  the  terms  of  this  section  that  representatives  chosen  at  skcIi 
election  (being  the  general  election  of  1878).  or  at  any  election  thereafter, 
shall  hold  their  office  for  the  term  of  two  years ;  and  the  senators  chosen  at 
such  election  (being  the  general  election  of  1878),  by  districts  designated  as 
odd  numbers  were  to  hold  their  office  for  two  years ;  and  those  chosen  by  even 
numbered  districts,  for  the  term  of  four  years.  And  thereafter,  that  is.  after 
sucli  election  (the  election  of  1878)  senators  shall  be  chosen  for  four  years, 
except  there  shall  be  an  entire  new  election  of  senators  at  the  election  of 
representatives  next  succeeding  each  new  apportionment. 

It  is  difficult  to  see  how  but  one  construction  can  be  i)laoed  upon  this  lan- 
guage. There  are  but  two  limitations  placed  upon  a  four  years'  term  of  state 
senators;  one  is  that  those  chosen  by  odd  munbered  districts,  at  (he  election  of 
1878,  shall  hold  for  two  years;  another  is.  that  a  new  electiou  after  an  appor- 
tionment may  result  in  shortening  by  two  years  the  terms  of  all  senators:  if 
the  apportionment  is  made  at  the  first  session  after  the  election  of  senators. 
The  first  is  a  positive  limitation.  The  other  is  a  possil)le  limitation  which 
may  apply  after  the  election  ;  as  to  the  election  itself  and  the  term  for  which 
they  are  to  be  elected,  the  language  is  too  plain  to  admit  of  any  question. 
After  providing  for  the  election  of  1878,  it  is  provided :  ".\nd  thereafter 
senators  shall  be  chosen  for  four  years,"  excei)t     *     *     * 

It  may  be  urged  that  this  section  pr()vid<Ml  that  as  to  the  election  of  1878, 
one-half  should  hold  oHice  for  four  years  and  one-half  for  two  years;  thus  pro- 
viding for  one-half  the  Senate  going  out  of  ollict^  every  two  y(>ars.  and  that  it  was 
desiralile  that  this  oi'der  should  be  maintained.  Whatever  may  be  said  as  to 
the  wisdom  of  such  ])olicy.  we  are  obliged  to  interpret  the  law  as  we  find  it; 
for,  where  a  law  is  j)lain  and  nn.-imitignous.  we  must  assume  that  that  was 
intended  which  the  words  used  clearly  import. 

I  have  the  honor  therefore  to  advise  y(m  that  in  my  opinion  all  the  senators 
elected  in  18i)0  were  elected  for  the  term  of  four  years.     Very  truly  yours. 

Moses  K.  ("t.aim*.   Attnnirn  (IriirrnL 

?<(_;.  I..   1S(;!).  ch.  '.)■.]. 

'Chap.  4(i.  <}eneral  Laws  of  188ft.  "An  act  to  estal^Iish  a  probate  code,"  is  not 
oi)noxious  to  the  constitution.     47  Minn.  ~u~>. 


2000  Minnesota— 1867 

faithfully  and  impartially  to  (lischaro:e  the  duties  devolving  upon 
him  as  such  member  or  officer. 

Sec.  30.  In  all  elections  to  be  made  by  the  legislature,  the  members 
thereof  shall  vote  rira  voce,  and  their  votes  shall  be  entered  on  the 
journal. 

Sec.  31.  The  legislature  shall  never  authorize  any  lottery  or  the 
sale  of  lottery  tickets. 

"  Sec.  32.  Any  law  providing  for  the  repeal  or  amendment  of  any 
law  or  laws  heretofore  or  hereafter  enacted,  which  provides  that  any 
railroad  company  now  existing  in  this  State  or  operating  its  road 
therein,  or  which  may  be  hereafter  organized,  shall,  in  lieu  of  all 
other  taxes  and  assessments  upon  their  real  estate,  roads,  rolling  stock, 
and  other  personal  property,  at  and  during  the  time  and  periods 
therein  specified,  pay  into  the  treasury  of  this  State  a  certain  per- 
centage therein  mentioned  of  the  gross  earnings  of  such  railroad  com- 
panies now  existing  or  hereafter  organized,  shall,  before  the  same 
shall  take  effect  or  be  in  force,  be  submitted  to  a  vote  of  the  people  of 
the  State,  and  be  adopted  and  ratified  by  a  majority  of  the  electors 
of  the  State  voting  at  the  election  at  which  the  same  shall  be  sub- 
mitted to  them. 

"Sec.  32.  All  lands  donated  to  the  State  of  Minnesota  for  the 
purpose  of  internal  improvement,  under  the  eighth  section  of  the  act 
of  Congress,  approved  September  fourth,  eighteen  hundred  and 
forty-one,  being  "An  act  to  appropriate  the  proceeds  of  the  sale  of 
the  public  lands,  and  to  grant  preemption  rights,"  shall  be  appraised 
and  sold,  in  the  same  manner  and  by  the  same  officers,  and  the  mini- 
mum price  shall  be  the  same  as  is  provided  by  law  for  the  appraise- 
ment and  sale  of  the  school  lands,  under  the  provisions  of  title  one 
(1),  chapter  thirty-eight,  of  the  General  Statutes,  except  the  modi- 
fications hereinafter  mentioned.  All  moneys  derived  from  the  sales 
of  said  lands  shall  be  invested  in  the  bonds  of  the  United  States,  or 
of  the  State  of  Minnesota  issued  since  1800;  and  the  moneys  so 
invested  shall  constitute  the  Internal  Improvement  Land  Fund  of  the 
State.  All  moneys  received  by  the  county  treasurer  under  the  provi- 
sions of  title  one  (1 ) ,  chapter  thirty-eiglit  (38) ,  aforesaid,  derived  from 
the  sale  of  internal  improvement  lands,  shall  be  held  at  all  times  sub- 
ject to  the  order  and  direction  of  the  state  treasurer,  for  the  benefit  of 
the  fund  to  which  it  belongs;  and  on  the  fifteenth  day  of  June  in  each 
year,  and  at  such  other  times  as  he  may  be  requested  so  to  do  by  the 
state  trpisurer,  he  shall  pay  over  to  the  said  state  treasurer  all  moneys 
received  on  account  of  such  fund. 

The  bonds  purchased  in  accordance  with  this  amendment  shall  be 
transferable  only  upon  the  order  of  the  governor,  and  on  each  bond 
shall  be  written  "  JNIinnesota  Internal  Improvement  Land  Fund  of 
the  State,  transferable  only  on  the  order  of  the  governor." 

The  principal  sum  from  all  sales  of  internal  improvement  lands 
shall  not  be  reduced  by  any  charges  or  costs  of  officers,  by  fees,  or  by 
any  other  means  whatever;  and  section  fifty  (50),  of  title  one  (1), 
of  chapter  thirty-eight  (38),  of  the  General  Statutes,  shall  not  be 
applicable  to  the  provisions  of  this  amendment,  and  wherever  the 

a  This  section  was  adopted  Nov.  8.  1871. 
6  This  section  was  adopted  Nov.  5.  1872. 


Minnesota— 1857  2001 

words  "  school  lands  "  are  used  in  said  title,  it  shall  read  as  applicable 
to  this  amendment,  "'  Internal  Improvement  Lands." 

The  moneys  belonging  to  the  Internal  Improvement  Land  Fnnd 
shall  not  be  appropriated  for  any  purpose  whatever  until  the  enact- 
ment for  tliat  purpose  shall  have  been  apj^roved  b}'  a  nuijority  of  the 
electors  of  the  State  voting  at  the  annual  general  election  following 
the  passage  of  the  act." 

The  force  of  this  amendment  shall  be  to  authorize  the  sale  of  the 
internal  improvement  lands,  without  further  legislative  enactment. 

^  Sec.  33.  In  all  cases  when  a  general  law  can  be  made  applicable, 
no  special  law  shall  be  enacted;  and  whether  a  general  law  could 
have  been  made  applicable  in  any  case  is  hereby  declared  a  judicial 
question,  and  as  such  shall  be  judicially  determined  without  regard  to 
any  legislative  assertion  on  that  subject.  The  legislature  shall  pass 
no  local  or  special  law  regulating  the  affairs  of,  or  incorporating, 
erecting  or  changing  the  lines  of,  any  count3%  city,  village,  township, 
ward  or  school  district,  or  creating  the  offices,  or  prescribing  the 
powers  and  duties  of  the  officers  of,  or  fixing  or  relating  to  the  com- 
pensation, salary  or  fees  of  the  same,  or  of  the  mode  of  election  or 
appointment  thereto,  authorizing  tlie  laying  out,  opening,  altering, 
vacating  or  maintaining  roads,  highways,  streets  or  alleys;  remitting 
fines,  ])enalties  or  forfeitures;  regulating  the  powers,  duties  and 
jjractice  of  justices  of  the  peace,  magistrates  and  constables;  chang- 
ing the  names  of  persons,  places,  lakes  or  rivers;  for  opening  and 
conducting  of  elections,  or  fixing  or  changing  the  i^laces  of  voting; 
authorizing  the  adoption  or  legitimation  of  children;  changing  the 
law  of  descent  or  succession;  conferi-ing  rights  upon  minors:  declar- 
ing any  named  person  of  age;  giving  effect  to  informal  or  invalid  wills 
or  deeds,  or  affecting  the  estates  of  minors  or  i^ersons  under  disability  '- 
locating  or  changing  county  seats;  regulating  the  management  of  i)ub- 
lic  schools,  the  building  or  repairing  of  schoolhouses,  and  the  raising 
of  money  for  such  j^urposes;  exempting  property  from  taxation,  or 
regulating  the  rate  of  interest  on  money;  creating  corporations,  or 
amending,  renewing,  extending  or  explaining  the  charters  thereof; 
granting  to  any  corporation,  association  or  individual  any  special  or 
exclusive  privilege,  innnunity  or  franchise  whatever,  or  authorizing 
public  taxation  for  a  private  purpose.  ProrideiL  hoicerer,  That  the 
inhibitions  of  local  or  special  laws  in  this  section  shall  not  be  con- 
strued to  prevent  the  passage  of  general  laws  on  any  of  the  subjects 
enumerated. 

The  legislature  may  repeal  any  existing  special  or  local  law,  but 
shall  not  amend,  extend  or  modify  any  of  the  same. 

*■  Sec.  34.  The  legislature  shall  provide  general  laws  for  the  trans- 
action of  any  business  that  may  be  jjrohibited  by  sectiou  one  (1)  of 

a  By  chapter  71,  G.  L.  of  1881,  extra  session,  the  proceeds  of  this  fund  were 
pledged  to  tlie  payment  of  Minnesota  State  railroad  adjustment  l>onds,  and  the 
law  was  voted  upon  and  apiirovcd  at  the  general  election  of  1884,  by  .'il.Oll 
votes  in  favor  and  18,.580  votes  against. 

^  Adopted  Nov.  8,  1892. 

<•  Adopted  Nov.  8.  1881.  This  section  having  been  a  part  of  the  amendment, 
regulating  special  legislation,  adopted  in  1881,  should  properly  have  been  in- 
cluded in  the  substitution  of  the  amendment  of  1802 ;  but  as  it  was  not  referred 
to  by  section,  in  the  law  submitted  to  the  people,  it  must  perforce  remain  in  the 
constitution,  however  inapplicable  its  reading. 

7253 — VOL  3 — 07 12 


2002  Minnesota— 1857 

this  amendment,  and  all  such  laws  shall  be  uniform  in  their  operation 
throughout  the  State. 

"  Sec.  35.  Any  combinations  of  persons,  either  as  individuals  or  as 
members  or  officers  of  any  corporation,  to  monopolize  the  markets  for 
food  products  in  this  State,  or  to  interfere  Avith,  or  restrict  the  free- 
dom of,  such  markets,  is  hereby  declared  to  be  a  criminal  conspiracy, 
and  shall  be  punished  in  such  manner  as  the  legislature  ma^'  provide. 

^  Sec.  36.  Any  city  or  village  in  this  State  may  frame  a  charter 
for  its  own  government  as  a  city  consistent  with  and  subject  to  the 
laws  of  this  State,  as  follows:  The  legislature  shall  provide,  under 
such  restrictions  as  it  deems  proper,  for  a  board  of  fifteen  freeholders, 
Avho  shall  be  and  for  the  past  five  years  shall  have  been  qualified 
voters  thereof,  to  be  appointed  by  the  district  judges  of  the  judicial 
district  in  which  the  city  or  village  is  situated,  as  the  legislature  may 
determine,  for  a  term  in  no  event  to  exceed  six  years,  which  board 
shall,  within  six  months  after  its  appointment,  return  to  the  chief 
magistrate  of  said  city  or  village  a  draft  of  said  charter,  signed  by 
the  members  of  said  board,  or  a  majority  thereof.  Such  charter  shall 
be  submitted  to  the  qualified  voters  of  such  city  or  village  at  the  next 
election  thereafter,  and  if  four-sevenths  of  the  qualified  voters  voting 
at  such  election  shall  ratify  the  same  it  shall,  at  the  end  of  thirty 
days  thereafter,  become  the  charter  of  such  city  or  village  as  a  city, 
and  supersede  any  existing  charter  and  amendments  thereof;  j)ro- 
vided^  that  in  cities  having  patrol  limits  now  established,  such  charter 
shall  require  a  three-fourths  majority  vote  of  the  qualified  voters 
voting  at  such  election  to  change  the  patrol  limits  now  established. 

Before  any  city  shall  incor])orate  under  this  act  the  legislature  shall 
prescribe  by  law  the  general  limits  within  which  such  charter  shall  be 
framed.  Duplicate  certificates  shall  be  made  setting  forth  the  charter 
proposed  and  its  ratification,  which  shall  be  signed  by  the  chief  magis- 
trate of  said  city  or  vtllage  and  authenticated  bv  its  corporate  seal. 
One  of  said  certificates  shall  be  deposited  in  the  office  of  secretary  of 
state,  and  the  other,  after  being  recorded  in  the  office  of  the  register 
of  deeds  for  the  county  in  which  such  city  or  village  lies,  shall  be 
deposited  among  the  archives  of  such  city  or  village,  and  all  courts 
shall  take  judicial  notice  thereof.  Such  charter  so  deposited  may  be 
amended  by  proposal  therefor  made  by  a  board  of  fifteen  couimis- 
sioners  aforesaid,  published  for  at  least  thirty  days  in  three  news- 
papers of  general  circulation  in  such  city  or  village,  and  accepted  by 
three-fifths  of  the  qualified  voters  of  such  city  or  village  voting  at 
the  next  election,  and  not  otherwise;  but  such  charter  shall  always  be 
in  harmony  with  and  subject  to  the  Constitution  and  laws  of  the  State 
of  Minnesota.  The  legislature  may  prescribe  the  duties  of  the  com- 
mission relative  to  submitting  amendments  of  charter  to  the  vote  of 
the  people  and  shall  provide  that  upon  application  of  five  per  cent 
of  the  legal  voters  of  any  such  city  or  village,  by  written  petition, 
such  commission  shall  submit  to  the  vote  of  the  people  proposed 
amendments  to  such  charter  set  forth  in  said  petition.  The  board 
of  freeholders  above  provided  for  shall  be  permanent,  and  all  the 
vacancies  by  death,  disability  to  perform  duties,  resignation  or 
removal  from  the  corporate  limits,  or  expiration  of  term  of  office, 

a  Adopted  Nov.  (5,  1888. 

6  Section  36  adopted  Nov.  8,  1898. 


Minnesota— 1857  2003 

shall  be  filled  l)y  appointment  in  the  same  manner  as  the  original 
board  was  created,  and  said  board  shall  ahvays  contain  its  full  com- 
plement of  members. 

It  shall  be  a  feature  of  all  such  charters  that  there  shall  be  pro- 
vided, among  other  things,  for  a  mayor  or  chief  magistrate,  and  a 
legislative  body  of  either  one  or  two  houses;  if  of  two  houses,  at  least 
one  of  them  shall  be  elected  b}^  general  vote  of  the  electors. 

In  submitting  any  such  charter  or  amendment  thereto  to  the  quali- 
fied voters  of  such  city  or  village,  any  alternate  section  or  article  may 
be  presented  for  the  choice  of  the  voters,  and  may  be  voted  on  sepa- 
rately without  prejudice  to  other  articles  or  sections  of  the  charter  or 
any  amendments  thereto. 

The  legislature  may  provide  general  laws  relating  to  affairs  of 
cities,  the  application  of  which  may  be  limited  to  cities  of  over  fifty 
thousand  inhabitants,  or  to  cities  of  fifty  and  not  less  than  twent}'^ 
thousand  inhaljitants,  or  to  cities  of  twenty  and  not  less  than  ten 
thousand  inhabitants,  or  to  cities  of  ten  thousand  inhabitants  or  less, 
which  shall  apply  equally  to  all  such  cities  of  either  class,  and  which 
shall  be  paramount  while  in  force  to  the  provisions  relating  to  the 
same  matter  included  in  the  local  charter  herein  provided  for.  But 
no  local  charter,  provision  or  ordinance  passed  thereunder  shall  super- 
sede any  general  law  of  the  State  defining  or  punishing  crimes  or 
misdemeanors. 

Article  V 

EXECUTIVE    DEPARTMEXT 

Section  1.  The  executive  department  shall  consist  of  a  governor, 
lieutenant  governor,  secretary  of  state,  auditor,  treasurer  and  attorney 
general  who  shall  be  chosen  by  the  electors  of  the  State." 

^  Sec.  2.  The  returns  of  eveiy  election  for  the  officers  named  in  the 
foregoing  section  shall  be  made  to  the  secretary  of  state,  who  shall 
call  to  his  assistance  two  or  more  of  the  judges  of  the  supreme  court, 
and  two  disinterested  judges  of  the  district  courts  of  the  State,  who 
shall  constitute  a  board  of  canvassers,  who  shall  oj^en  and  canvass  said 
returns  and  declare  tlie  result  within  three  days  after  such  canvass. 

Sec.  ?>.  The  term  of  office  for  the  governor  and  lieutenant  governor 
shall  be  two  years,  and  nntil  their  successors  are  chosen  and  qualified. 
Each  shall  have  attained  the  age  of  twenty-five  (25)  years,  and  shall 
have  been  a  bona  fide  resident  of  the  State  for  one  year  next  preceding 
his  election.     Both  shall  be  citizens  of  the  United  States. 

Sec.  4.  The  governor  shall  communicate  by  message  to  each  session 
of  the  legislature  such  information  touching  the  state  and  condition 
of  the  country  as  he  may  deem  expedient.  He  shall  be  connnander- 
in-chief  of  the  military  and  naval  forces,  and  may  call  out  such  forces 
to  execute  the  laws,  suppress  insurrection  and  repel  invasion.  He 
may  require  the  opinion,  in  Avriting,  of  the  principal  officer  in  each  of 
the  executive  dejoartments,  upon  any  subject  relating  to  the  duties  of 

"  An  oxpontive  officer  of  the  state  is  not  snhjont  to  the  r-ontrol  or  interference 
of  the  .indiciiU'y  in  the  jiertVirniaiuH'  of  <Uities  heloni^ins  tn  hini  as  an  execntive 
ofht-er,  and  no  act  done,  or  thi-eatened  to  lu'  done.  l>.v  hiui  in  his  official  capacity 
can  be  brought  under  judicial  control  or  interference  by  mandamus  or  injunc- 
tion, even  \Yheu  the  act  is  purely  ministerial.     29  Miuu.  555. 

&  As  amended  Nov.  6,  1877. 


2004  Minnesota— 1857 

their  respective  offices ;  **  and  he  shall  have  power,  in  conjunction  with 
the  board  of  pardons,  of  which  the  governor  shall  be  ex  ojficio  a  mem- 
ber, and  the  other  members  of  which  shall  consist  of  the  attorney 
general  of  the  State  of  Minnesota  and  the  chief  justice  of  the  supreme 
court  of  the  State  of  Minnesota,  and  whose  powers  and  duties  shall 
be  defined  and  regulated  by  law,  to  grant  reprieves  and  pardons  after 
conviction  for  offenses  against  the  State,  except  in  cases  of  impeach- 
ment. He  shall  have"  power,  by  and  with  the  advice  and  consent  of 
the  Senate,  to  appoint  a  state  librarian  and  notaries  public,  and  such 
other  officers  as  may  be  provided  by  law.  He  shall  have  power  to 
appoint  commissioners  to  take  the  acknowledgment  of  deeds  or  other 
instruments  in  writing,  to  be  used  in  the  State.  He  shall  have  a 
negative  upon  all  laAvs  passed  by  the  legislature,  under  such  rules  and 
limitations  as  are  in  this  Constitution  prescribed.  He  may  on  ex- 
traordinary occasions  convene  both  houses  of  the  legislature.  He 
shall  take  care  that  the  laws  be  faithfully  executed,  fill  any  vacancy 
that  may  occur  in  the  office  of  secretary  of  state,  treasurer,  auditor, 
attorne}^  general,  and  such  other  state  and  district  offices  as  may  be 
hereafter  created  by  law,  until  the  next  annual  election,  and  until  their 
successors  are  chosen  and  qualified. 

Sec.  5.  The  official  term  of  the  secretary  of  state,  treasurer  and 
attorney  general  shall  be  two  (2)  years.  The  official  term  of  the  state 
auditor  shall  be  four  (4)  years,  and  each  shall  continue  in  office  luitil 
his  successor  shall  have  been  elected  and  qualified.  The  further 
duties  and  salaries  of  said  executive  officers  shall  each  be  prescribed 
by  law.* 

Sec.  6.  The  lieutenant  governor  shall  be  ex  ofjicio  president  of  the 
Senate;  and  in  case  a  vacancy  shall  occur,  from  any  cause  whatever, 
in  the  office  of  governor,  he  shall  be  governor  during  such  vacancy. 
The  compensation  of  lieutenant  goA'ernor  shall  be  double  the  compen- 
sation of  a  state  senator.  Before  the  close  of  each  session  of  the 
Senate  they  shall  elect  a  president  pro  tempore,  who  shall  be  lieuten- 
ant governor  in  case  a  vacancy  should  occur  in  that  office. 

*  ^  Sec.  T.  The  term  of  each  of  the  executive  officers  named  in  this 
article  shall  commence  on  taking  the  oath  of  office  on  or  after  the  first 
day  of  May,  1858,  and  continue  until  the  first  Monday  of  January. 
1860,  except  the  auditor,  who  shall  continue  in  office  till  the  first  Mon- 
day of  January,  1861,  and  until  their  successors  shall  have  been  duly 
elected  and  qualified ;  and  the  same  above  mentioned  time  for  qualifi- 
cation and  entr}^  upon  the  duties  of  their  respective  offices  shall 
extend  and  apply  to  all  other  officers  elected  under  the  State  Consti- 
tution, who  have  not  already  taken  the  oath  of  office,  and  commenced 
the  performance  of  their  official  duties. 

Sec.  8.  Each  officer  created  by  this  article  shall,  before  entering 
upon  his  duties,  take  an  oath  or  affirmation  to  support  the  Constitu- 
tion of  the  United  States  and  of  this  State,  and  faithfully  discharge 
the  duties  of  his  office  to  the  best  of  his  judgment  and  ability. 

*  Sec.  9.  Laws  shall  be  passed  at  the  first  session  of  the  legislature 
after  the  State  is  admitted  into  the  Union  to  carry  out  the  provisions 
of  this  article. 

*  Obsolete. 

«  Adopted  Nov.  .3,  1896. 

i>  Adopted  Nov.  6.  1883. 

c  This  section  was  adopted  April  15,  1858. 


Minnesoin—1857  2005 

Article  VI 


JUDICIARY 


'*  Section  1.  The  judicial  powet-  of  the  State  shall  be  vested  in  a 
supreme  court,  district  courts,  courts  of  probate,  justices  of  the  peace, 
and  sucli  other  courts,  inferior  to  the  supreme  court,  as  the  legislature 
may  from  time  to  time  establish  by  a  two-thirds  vote. 

Sec  2.  The  supreme  court  shall  consist  of  one  chief  justice  and  two 
associate  justices,  but  the  number  of  the  associate  justices  may  be 
increased  to  a  number  not  exceeding  four,  by  the  legislature,  by  a 
two-thirds  vote,  when  it  shall  be  deemed  necessary.  It  shall  have 
original  jurisdiction  in  such  remedial  cases  as  may  be  prescribed  by 
law,  and  appellate  jurisdiction  in  all  cases,  both  in  law  and  equity, 
but  there  shall  be  no  trial  by  jury  in  said  court.  It  shall  hold  one  or 
more  terms  in  each  year,  as  the  legislature  ma}^  direct,  at  the  seat  of 
government,  and  the  legislature  may  provide,  by  a  two-thirds  vote, 
that  one  term  in  each  year  shall  be  held  in  each  or  au}^  judicial  dis- 
trict. It  shall  be  the  duty  of  such  court  to  appoint  a  reporter  of  its 
decisions.  There  shall  be  chosen,  by  the  qualified  electors  of  the  State, 
one  clerk  of  the  supreme  court,  who  shall  hold  his  office  for  the  term 
of  four  years,  and  until  his  successor  is  duly  elected  and  qualified, 
and  the  judges  of  the  supreme  court,  or  a  majority  of  them,  shall  have 
the  power  to  fill  any  vacancy  in  the  office  of  clerk  of  the  supreme 
court  until  an  election  can  be  regularly  had.^ 

Sec.  3.  The  judges  of  the  supreme  court  shall  be  elected  by  the 
electors  of  the  State  at  large,  and  their  term  of  office  shall  be  six 
years,  and  until  their  successors  are  elected  and  qualified. 

[Whenever  all  or  a  majority  of  the  judges  of  the  supreme  court 
shall,  from  anv  cause,  be  disqualified  from  sitting  in  any  case  in  said 
court,  the  governor,  or,  if  he  shall  be  interested  in  the  result  of  such 
case,  then  the  lieutenant  governor,  shall  assign  judges  of  the  district 
court  of  the  State,  who  shall  sit  in  such  case  in  place  of  such  dis- 
qualified judges,  with  all  the  powers  and  duties  of  judges  of  the 
supreme  court.]  '^ 

^  Sec.  4.  The  State  shall  be  divided  by  the  legislature  into  judicial 
districts,  which  shall  be  composed  of  contiguous  territory,  be  bounded 
by  county  lines,  and  contain  a  j^optdation  as  nearly  equal  as  may  be 
practicable.  In  each  judicial  district,  one  or  more  judges,  as  the 
legislature  may  prescribe,  shall  be  elected  by  the  electors  thereof, 
wliose  term  of  office  shall  be  six  years,  and  each  of  said  judges  shall 
severally  have  and  exercise  the  i)owers  of  the  court,  under  such  limita- 
tions as  may  be  prescribed  by  law.  Every  district  judge  shall,  at  the 
time  of  his> election,  be  a  resident  of  the  district  for  which  he  shall  be 
elected,  and  shall  reside  therein  during  his  continiumce  in  office.  In 
case  any  court  of  common  pleas  heretofore  established  shall  be  abol- 
ished, the  judge  of  said  court  may  be  constituted  by  the  legislature 

«  The  provision  of  this  section,  vesting  the  judicial  powers  of  the  state  in  the 
courts  specified  therein,  is  not  infringed  by  the  statute  authorizing  the  appoint- 
ment of  and  trial  of  cases  before  referees,  who  are  merely  subordinate  oHicers  of 
the  courts,  acting  only  in  an  intermediate  capacity.     H  Minn.  TS. 

&The  supreme  court  shall  consist  of  one  chief  justice  and  four  associate 
justices.     G.  L.  1S81,  ch.  141. 

<■  Paragraph  in  brackets  added  Nov.  7.  1876. 

<iTbis  section  was  adopted  Nov.  5,  1875. 


2006  Minnesota— 1857 

one  of  the  judges  of  the  district  court  of  the  district  wherein  such 
court  has  been  so  established  for  a  period  not  exceeding  the  unexpired 
term  for  which  he  was  elected. 

Sec.  5.  The  district  courts  shall  have  original  jurisdiction  in  all 
civil  cases,  both  in  hiAv  and  equity,  Avhere  the  amount  in  controversy 
exceeds  one  hundred  dollars,  and  in  all  criminal  cases  where  the 
23unishment  shall  exceed  three  months'  imprisonment  or  a  fine  of  more 
than  one  hundred  dollars,  and  shall  have  such  appellate  jurisdiction 
as  may  be  prescribed  by  law.  The  legislature  may  provide  by  law 
that  the  judge  of  one  district  may  discharge  the  duties  of  judge  of 
any  other  district  not  his  otvn,  when  convenience  or  the  public  interest 
may  require  it. 

Sec.  G.  The  judges  of  the  supreme  and  district  courts  shall  be  men 
learned  in  the  law,  and  shall  receive  such  compensation  at  stated  times 
as  may  be  prescribed  by  the  legislature;  which  compensation  shall 
not  be  diminished  during  their  continuance  in  office,  but  they  shall 
receive  no  other  fee  or  reward  for  their  serAnces. 

Sec.  7.  There  shall  be  established  in  each  organized  county  in  the 
State  a  probate  court,  which  shall  be  a  court  of  record,  and  be  held  at 
such  time  and  places  as  may  be  prescribed  by  law.  It  shall  be  held 
by  one  judge,  who  shall  be  elected  by  the  voters  of  the  county  for  the 
term  of  two  years.  He  shall  be  a  resident  of  such  county  at  the  time 
of  his  election,  and  reside  therein  during  his  continuance  in  office; 
and  his  compensation  shall  be  provided  b}'  law.  He  may  appoint 
his  own  clerk  where  none  has  been  elected;  but  the  legislature  may 
authorize  the  election,  by  the  electors  of  any  county,  of  one  clerk  or 
register  of  probate  for  such  county,  whose  powers,  duties,  term  of 
office  and  compensation  shall  be  prescribed  by  law.  A  probate  court 
shall  have  jurisdiction  over  the  estates  of  deceased  persons  and  persons 
under  guardianship,  but  no  other  jurisdiction,  except  fts  prescribed 
by  this  Constitution. 

Sec.  8.  The  legislature  shall  provide  for  the  election  of  a  sufficient 
number  of  justices  of  the  peace  in  each  county,  whose  term  of  office 
shall  be  two  years,  and  whose  duties  and  compensation  shall  be  pre- 
scribed by  law.  Provided^  That  no  justice  of  the  peace  shall  have 
jurisdiction  of  any  civil  cause  where  the  amount  in  controversy  shall 
exceed  one  hundred  dollars,  nor  in  a  criminal  cause  where  the  punish- 
ment shall  exceed  three  months'  imprisonment,  or  a  fine  over  one 
.hundred  dollars,  nor  in  any  cause  involving  the  title  to  real  estate. 

Sec.  9.  All  judges  other  than  those  provided  for  in  this  Constitu- 
tion shall  be  elected  by  the  electors  of  the  judicial  district,  county,  or 
city,  for  which  they  shall  be  created,  not  for  a  longer  term  than  seven 
years. 

Sec.  10.  In  case  the  office  of  any  judge  become  vacant  before  the 
expiration  of  the  regular  term  for  which  he  was  elected,  the  vacancy 
shall  be  filled  by  appointment  by  the  governor,  until  a  successor  is 
elected  and  qualified.  And  such  successor  shall  be  elected  at  the 
first  annual  election  that  occurs  more  than  thirty  days  after  the 
vacancy  shall  have  happened. 

Sec.  11.  The  justices  of  the  supreme  court  and  the  district  courts 
shall  hold  no  office  under  the  United  States,  nor  any  other  office  under 
this  State.  And  all  votes  for  either  of  them  for  any  elective  office 
under  this  Constitution,  except  a  judicial  office  given  by  the  legis- 
lature or  the  people,  during  their  continuance  in  office,  shall  be  void. 


Minnesota— 1857  2007 

Sec.  12,  The  legislature  may  at  any  time  change  the  number  of 
judicial  districts  or  their  boundaries,  when  it  shall  be  deemed  expedi- 
ent; but  no  such  change  shall  ^■acate  the  ollice  of  any  judge. 

Sec.  18.  There  shall  be  elected  in  each  county  where  a  district  court 
shall  be  held,  one  clerk  of  said  court,  Avhose  qualifications,  duties  and 
compensation  shall  be  prescribed  by  law,  and  whose  term  of  office 
shall  be  four  years. 

Sec.  14.  Legal  pleadings  and  proceedings  in  the  courts  of  this 
State  shall  be  under  the  direction  of  the  legislature.  The  style  of 
all  process  shall  be,  "  The  State  of  Minnesota,''  and  all  indictments 
shall  conclude, ''  against  the  peace  and  dignity  of  the  State  of  Minne- 
sota." 

Sec.  15.  The  legislature  may  provide  for  the  election  of  one  person 
in  each  organized  county  in  this  State,  to  be  called  a  court  connnis- 
sioner,  with  judicial  power  and  jurisdiction  not  exceeding  the  power 
and  jurisdiction  of  a  judge  of  the  district  court  at  chambers;  or  the 
legislature  ma3%  instead  of  such  election,  confer  such  power  and  juris- 
diction upon  the  judges  of  probate  in  the  State. 

Article  VII 
elective  fraxchise 

"Section  1.  What  persons  are  entitled  to  vote: 

Every  nuile  person  of  the  age  of  twentj^-one  (21)  years  or  upwards 
belonging  to  either  of  the  following  classes  who  has  resided  in  this 
State  six  (G)  months  next  preceding  any  election  shall  be  entitled  to 
vote  at  such  election  in  the  election  district  of  which  he  shall  at  the 
time  have  been  for  thirty  (oO)  da,ys  a  resident,  for  all  officers  that 
now  are,  or  hereafter  may  be,  elective  by  the  people. 

Fi?'sf — Citizens  of  the  United  States  who  have  been  such  for  the 
period  of  three  (3)  months  next  preceding  any  election. 

Second — Persons  of  mixed  Avhite  and  Indian  blood,  who  have 
adopted  the  customs  and  habits  of  civilization. 

Third — Persons  of  Indian  blood  residing  in  this  State,  who  have 
adopted  the  language,  customs  and  habits  of  civilization,  after  an 
examination  before  any  district  court  of  the  State,  in  such  manner 
as  may  be  ])rovided  by  law,  and  shall  have  been  pronounced  by  said 
court  capable  of  enjoying  the  rights  of  citizenship  within  the  State. 

Sec.  2.  No  person  not  belonging  to  one  of  the  classes  specified  in 
the  preceding  section ;  no  person  who  has  been  convicted  of  treason 
or  any  felony,  unless  restored  to  civil  rights;  and  no  person  under 
guardianship,  or  who  may  be  non  compos  mentis  or  insane,  shall  be 
entitled  or  permitted  to  vote  at  any  election  in  this  State. 

Sec.  3.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to 
have  lost  a  residence  by  reason  of  his  absence  Avhile  em))loyed  in  the 
service  of  the  United  States:  nor  while  engaged  upon  the  waters  of 
this  State  or  of  the  ITnited  States;  nor  while  a  student  in  any  semi- 
nary of  learning;  nor  while  kept  at  any  almshouse  or  asylum:  nor 
while  confined  in  any  public  prison. 


o  Section  1,  adopted  Nov.  ?,,  189(5. 


2008  Minnesota~1857 

Sec.  4.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the 
United  States  shall  be  deemed  a  resident  of  this  State  in  consequence 
of  being  stationed  within  the  same. 

Sec.  5.  During  the  day  on  which  any  election  shall  be  held,  no 
person  shall  be  arrested  hy  virtue  of  any  civil  process. 

Sec.  6.  All  elections  shall  be  by  ballot,  except  for  such  town  officers 
as  may  be  directed  b}'  law  to  be  otherwise  chosen. 

Sec.  7.  Every  j)erson  who  by  the  provisions  of  this  article  shall  be 
entitled  to  vote  at  any  election  shall  be  eligible  to  any  office  which 
now  is,  or  hereafter  shall  be,  elective  by  the  people  in  the  district 
wherein  he  shall  have  resided  thirty  days  previous  to  such  election, 
except  as  otherwise  provided  in  this  Constitution,  or  the  Constitu- 
tion and  laws  of  the  United  States." 

^  Sec.  8.  Women  may  vote  for  school  officers  and  members  of 
library  boards,  and  shall  be  eligible  to  hold  any  office  pertaining  to 
the  management  of  schools  or  libraries. 

Any  woman  of  the  age  of  twenty-one  (21)  years  and  upward  and 
possessing  the  qualifications  requisite  to  a  male  voter  may  vote  at  any 
election  held  for  the  purpose  of  choosing  any  officer  of  schools  or  any 
members  of  library  boards,  or  upon  any  measure  relating  to  schools 
or  libraries,  and  shall  be  eligible  to  hold  any  office  pertaining  to  the 
management  of  schools  and  libraries.'' 

^  Sec.  9.  The  official  year  for  the  State  of  Minnesota  shall  com- 
mence on  the  first  Monday  in  January  in  each  year,  and  all  terms  of 
office  shall  terminate  at  that  time;  and  the  general  election  shall  be 
held  on  the  first  Tuesday  after  the  first  Monday  in  November.  The 
first  general  election  for  State  and  county  officers,  except  judicial 
officers,  after  the  adoption  of  this  amendment,  shall  be  held  in  the 
year  A.  D.  one  thousand  eight  hundred  and  eighty-four  (1884),  and 
thereafter  the  general  election  shall  be  held  biennially.  All  State, 
county  or  other  officers  elected  at  any  general  election,  whose  terms 
of  office  would  otherwise  expire  on  the  first  Monday  of  January,  A.  D. 
one  thousand  eight  hundred  and  eighty-six  (1886),  shall  hold  and 
continue  in  such  offices,  respectively,  until  the  first  IMonday  in  Jan- 
uary, one  thousand  eight  hundred  and  eighty-seven  (1887). 

Article  VIII 
school  funds,  education  and  science 

^  Section  1.  The  stability  of  a  republican  form  of  government 
depending  mainly  upon  the  intelligence  of  the  people,  it  shall  be  the 

«  Held  restrictive  nnrl  to  disqualify  a  person  from  holding  an  elective  office 
who  was  not  eligible  at  the  date  of  his  election,  though  eligible  at  the  beginning 
of  the  term.     45  Minn.  309. 

^Adopted  Nov.  8,  1898. 

"The  right  to  vote  on  district  school  matters  was  granted  by  chapter  71,  Gen- 
eral Laws  of  1878 ;  and  the  right  to  vote  for  county  school  superintendents  was 
granted  bv  chapter  204.  General  Laws  of  188.5. 

d  Adopted  Nov.  6,  1883. 

e  This  section,  which  directs  the  establishment  of  a  general  and  uniform 
system  of  public  schools,  does  not  prohibit  the  legislature  from  providing  public 
schools  other  than  those  included  in  the  general  system,  or  creating  exceptional 
districts,  to  meet  particular  and  exceptional  cases;  and  the  exception  from  the 
operation  of  a  general  law  relating  to  pul»lic  schools  of  independent  school  dis- 
tricts, and  schools  si)ecially  provided  for,  does  not  violate  the  constitutional 
provision.     25  Minn.  1. 


Minnesota— 1857  2009 

dut}^  of  the  legislature  to  establish  a  general  and  uniform  system  of 
public  schools. 

Sec.  2.  The  proceeds  of  such  lands  as  are  or  hereafter  ma}^  be 
granted  by  the  United  States  for  the  use  of  schools  within  each  town- 
ship of  this  State  shall  remain  a  perpetual  school  fund  to  the  State; 
and  not  more  than  one-third  (f()  of  said  lands  may  be  sold  in  two  (2) 
A^ears,  one-third  (^,)  in  five  (5)  years,  and  one-third  (l)  in  ten  (10) 
years ;  but  the  lands  of  the  greatest  valuation  shall  be  sold  first ;  p?'0- 
rided,  that  no  portion  of  said  lands  shall  be  sold  otherwise  than  at 
public  sale.  The  principal  of  all  funds  arising  from  sales  or  other 
disposition  of  lands  or  other  property,  granted  or  entrusted  to  this 
State  in  each  township  for  educational  purposes,  shall  forever  be 
preserved  inviolate  and  undiminished;  and  the  income  arising  from 
the  lease  or  sale  of  said  school  land  shall  be  distributed  to  tlie  dif- 
ferent townships  throughout  the  State,  in  proportion  to  the  number 
of  scholars  in  each  township,  between  the  ages  of  five  and  twenty-one 
3'ears;  and  shall  l)e  faithfully  applied  to  the  specific  objects  of  the 
original  grants  or  appro])riations. 

[Suitable  laws  shall  be  enacted  by  the  legislature  for  the  safe 
investment  of  the  principal  of  all  funds  which  have  heretofore  arisen 
or  Avhich  may  hereafter  arise  from  the  sale  or  other  disposition  of  such 
lands,  or  the  income  from  such  lands  accruing  in  any  way  before  the 
sale  or  disposition  thereof,  in  interest-bearing  bonds  of  the  United 
States,  or  of  the  State  of  ^Minnesota,  issued  after  the  year  one  thou- 
sand eight  hundred  and  sixty  (ISOO).  or  of  such  other  state  as  the 
legislature  may.  by  law.  from  time  to  time  direct.]  "  ^ 

All  swamp  lands  now  held  by  the  State,  or  that  may  hereafter 
accrue  to  the  State,  shall  be  appraised  and  sold  in  the  same  manner 
and  by  the  same  officers,  and  the  minimum  price  shall  be  the  same 
less  one-third  (^) .  as  is  provided  by  law  for  the  appraisement  and  sale 
cf  the  school  lands  under  the  provisions  of  title  one  (1)  of  chapter 
thirty-eight  (38)  of  the  (ieneral  Statutes.  The  princii)al  of  all 
funds  derived  from  sales  of  swam])  lands,  as  aforesaid,  sliall  forever 
l)e  preserved  inviolate  and  undiminished.  One-half  {\)  of  the  pro- 
ceeds of  said  principal  shall  l)e  appropriated  to  the  common  school 
fund  of  the  State.  The  remaining  one-half  {I)  shall  be  ai:)propriated 
to  the  educational  and  charitable  institutions  of  the  State  in  the  rela- 
tive ratio  of  cost  to  support  said  institutions.^ 

Sec.  3.  The  legislature  shall  make  such  provisions,  by  taxation  or 
otherwise,  as,  with  the  income  arising  from  the  school  fund,  will 
secure  a  thorough  and  efficient  system  of  public  schools  in  each  town- 
ship in  the  State. 

[But  in  no  case  shall  the  moneys  derived  as  aforesaid,  or  any  por- 
tion thereof,  or  any  public  moneys  or  [)roperty,  be  appropriated  or 
used  for  the  support  of  schools  wherein  the  distinctive  doctrines, 
creeds  or  tenets  of  any  particular  Christian  or  other  religious  sect  are 
promulgated  or  taught.  ]  '' 

Sec.  4.  The  location  of  the  University  of  Minnesota,  as  estab- 
lished by  existing  laws,  is  hereby  confirmed,  and  said  institution  is 
hereby  declared  to  be  the  University  of  the  State  of  ^linnesota.     All 

"  Paragraph  in  brackets  adopted  Nov.  .">.  1875. 

6Cli.  102.  G.  L.  of  1885. 

'•Adopted  Nov.  8,  1881. 

<*  Paragraph  in  brackets  adopted  Nov.  0.  1877. 


2010  Minnesota— 1857 

the  rights,  immunities,  franchises  and  endowments  heretofore  granted 
or  conferred  are  hereby  perpetuated  unto  the  said  university;  and  all 
lands  which  may  be  granted  hereafter  by  Congress,  or  other  donations 
for  said  university  purposes,  shall  vest  in  the  institution  referred  to  in 
this  section. 

"  Sec.  5.  The  permanent  school  funds  of  the  State  may  be  loaned 
upon  interest  at  the  rate  of  five  (5)  j)er  cent  per  annum  to  the  sev- 
eral counties  or  school  districts  of  the  State,  to  be  used  in  the  erec- 
tion of  county  or  school  buildings.  Xo  such  loan  shall  be  made  until 
approved  by  a  board  consisting  of  the  governor,  the  state  auditor 
and  the  state  treasurer,  who  are  hereby  constituted  an  investment 
board  for  the  purj^ose  of  the  loans  hereby  authorized ;  nor  shall  any 
such  loan  be  for  an  amount  exceeding  three  (3)  per  cent  of  the  last 
preceding  assessed  valuation  of  the  real  estate  of  the  county  or  school 
district  receiving  the  same.  The  state  auditor  shall  annually,  at  the 
time  of  certifying  the  state  tax  to  the  several  county  auditors,  also 
certify  to  each  auditor  to  whose  county,  or  to  any  of  the  school  dis- 
tricts of  whose  county,  any  such  loan  shall  have  been  made,  the  tax 
necessary  to  be  levied  to  meet  the  accruing  interest  or  principal  of 
any  such  loan,  and  it  shall  be  the  duty  of  every  such  county  auditor 
forthwith  to  levy  and  extend  such  tax  upon  all  the  taxable  prop- 
erty of  his  county,  or  of  the  several  school  districts,  respectively,  liable 
for  such  loans — as  the  case  may  be — and  in  all  such  cases  the  tax  so 
assessed  shall  be  fifty  (50)  per  cent  in  excess  of  the  amount  actually 
necessary  to  be  raised  on  account  of  such  accruing  principal  or  inter- 
est. It  shall  be  levied,  collected  and  paid  into  the  county  and  state 
treasuries  in  the  same  manner  as  state  taxes,  and  any  excess  collected 
over  the  amount  of' such  principal  or  interest  accruing  in  any  given 
year  shall  be  credited  to  the  general  funds  of  the  respective  counties 
or  school  districts.  Xo  change  of  the  boundaries  of  any  school  dis- 
trict after  the  making  of  any  such  loan  shall  operate  to  withdraw  any 
property  from  the  taxation  herein  provided  for;  nor  shall  any  law 
be  jDasijed  extending  the  time  of  payment  of  any  such  principal  or 
interest,  or  reducing  the  rate  of  such  interest,  or  in  any  manner  waiv- 
ing or  impairing  any  rights  of  the  State  in  connection  .with  any  such 
loan.  Suitable  laws,  not  inconsistent  with  this  amendment,  may  be 
passed  bv  the  legislature  for  the  purpose  of  carrvino-  the  same  into 
effect.'' 

'^  Sec.  G.  The  permanent  school  and  university  fund  of  this  state 
may  be  invested  in  the  bonds  of  anj^  county,  school  district,  city, 
town  or  village  of  this  state,  but  no  such  investment  shall  be  made 
until  approved  by  the  board  of  commissioners  designated  by  law  to 
regulate  the  investment  of  the  permanent  school  fund  and  the  per- 
manent university  fund  of  this  state;  nor  shall  such  loan  or  invest- 
ment be  made  when  the  bonds  to  be  issued  or  purchased  would  make 
the  entire  bonded  indebtedness  exceed  fifteen  (15)  per  cent  of  the 
assessed  valuation  of  the  taxable  real  pro])erty  of  the  county,  school 
district,  city,  to"<\"n  or  village  issuing  such  bonds;  nor  shall  such  loans 
or  indebtedness  be  made  at  a  lower  rate  of  interest  than  three  (3) 

o  Adopted  Nov.  2,  1886. 

6  Chapter  193,  G.  L.  of  1887,  made  the  necessary  provision  for  giving  effect 
to  this  section. 
c  Adopted  Nov.  8,  1904. 


Minnesota— 1857  2011 

per  cent  per  annum,  nor  for  a  shorter  period  than  five  (5)  j'ears, 
nor  for  a  lon^fer  period  than  twenty  (20)  years,  and  no  change  of 
the  town,  school  district,  city,  viUage,  or  of  county  lines  shall  relieve 
the  real  j^roperty  in  such  town,  school  district,  county,  village  or  city 
in  this  state  at  the  time  of  the  issuing  of  such  bonds  from  any  lia- 
bility for  taxation  to  jjay  such  bonds. 

Article  IX 

riNAXCES  OF  THE  STATE,  AND  BANKS  AND  BANKING 

Section  1.  All  taxes  to  be  raised  in  this  State  shall  be  as  nearly 
equal  as  may  be,  and  all  property  on  which  taxes  are  to  be  levied 
shall  have  a  cash  valuation  and  be  equalized  and  uniform  through- 
out the  State;  provided^  that  the  legislature  may,  by  general  law  or 
special  act,  authorize  municipal  corporations  to  levy  assessments  for 
local  improvements  upon  the  property  fronting  upon  such  improve- 
ments, or  upon  the  property  to  be  benefited  by  such  improvements, 
or  both,  without  regard  to  a  cash  valuation,  and  in  such  numner  as 
the  legislature  may  prescribe.  And,  prodded  further^  that  for  the 
purpose  of  defraying  the  expenses  of  laving  water  pipes  and  supply- 
ing any  city  or  municipalit}'  with  water,  the  legislature  may,  by 
general  or  special  law,  authorize  any  such  city  or  municipality,  hav- 
ing a  population  of  five  thousand  (5,000)  or  more,  to  levy  an  annual 
tax  or  assessment  upon  the  lineal  foot  of  all  lands  fronting  on  an}' 
water  main  or  water  pipe  laid  b}'  such  city  or  municipality  within 
corporate  limits  of  said  city  for  supplying  water  to  the  citizens 
thereof  without  regard  to  the  cash  value  of  such  property,  and  to 
empower  such  city  to  collect  an}'  such  tax,  assessments  or  fines,  or  pen- 
alties for  failure  to  pay  the  same,  or  any  fine  or  penalty  for  any  vio- 
lation of  the  rules  of  such  city  or  municipality  in  regard  to  the  use 
of  water,  or  for  any  water  rate  due  for  the  same."  And,  proinded 
furtJier,  that  there  may  Ix?  by  law  levied  and  collected  a  tax  upon 
all  inheritances,  devises,  bequests,  legacies  and  gifts  of  every  kind 
and  description  above  a  fixed  and  specified  sum,  of  any  and  all 
natural  persons  and  corporations.  Such  a  tax  above  such  exempted 
sum  may  be  uniform,  or  it  may  be  graded  or  progressive,  but  shall 
not  exceed  a  maximum  tax  of  five  per  cent.'^ 

Sec.  2.  The  legislature  shall  provide  for  an  annual  tax  suflicient 
to  defray  the  estimated  ordinary  expenses  of  the  State  for  each  year; 
and  whenever  it  shall  lia))pen  that  such  ordinary  expenses  of  the 
State  for  any  year  shall  exceed  the  income  of  the  State  for  such 
year,  the  legislature  shall  provide  for  levying  a  tax  for  the  ensuing 
year,  sufficient  with  other  sources  of  income  to  ])ay  the  deficiency 
of  the  preceding  year,  together  with  the  estimated  expenses  of  such 
ensuing  year.  |  But  no  law  levying  a  tax,  or  making  other  provisions 
for  the  payment  of  interest  or  principal  of  the  bonds  denominated 
"  Minnesota  State  Railroad  Bonds,"  shall  take  effect  or  be  in  force 
until  such  law  shall  have  been  submitted  to  a  vote  of  the  people  of 

o  Adopted  Nov.  2.  1S(«).  and  Nov.  S.  1881. 
6  Adopted  Nov.  G,  1894. 


2012  Minnesota— 1857 

the  State,  and  adopted  by  a  majority  of  the  electors  of  the  State  vot- 
ing \\\)on  the  same.]  « 

Sec.  3.  Laws  shall  be  passed  taxing  all  moneys,  credits,  invest- 
ments in  bonds,  stocks,  joint  stock  companies,  or  otherwise,  and  also 
all  real  and  personal  property-,  according  to  its  trne  valne  in  money; 
bnt  pnblic  burying  grounds,  public  school  houses,  j)ublic  hospitals, 
academies,  colleges,  universities,  and  all  seminaries  of  learning,  all 
churches,  church  property  used  for  religious  purposes,  and  houses 
of  worship,  institutions  of  purely  public  charity,  public  property 
used  exclusivel}^  for  any  public  purpose,  and  personal  property  to 
an  amount  not  exceeding  in  value  two  hundred  dollars  for  each  indi- 
vidual, shall,  by  general  laws,  be  exempt  from  taxation.'' 

Sec.  4.  Laws  shall  be  passed  for  taxing  the  notes  and  bills  dis- 
counted or  purchased,  moneys  loaned,  and  all  other  property,  effects 
or  dues  of  every  description,  of  all  banks  and  all  bankers,  so  that 
all  property  employed  in  banking  shall  always  be  subject  to  a  taxa- 
tion equal  to  that  imposed  on  the  property  of  individuals. 

^  Sec.  5.  For  the  purpose  of  defraying  extraordinary  expenditures, 
the  State  may  contract  public  debts,  but  such  debts  shall  never,  in  the 
aggregate,  exceed  $250,000;  every  such  debt  shall  be  authorized  by 
law,  for  some  single  object,  to  be  distinctly  specified  therein;  and  no 
such  law  shall  take  effect  until  it  shall  have  been  passed  by  the  vote 
of  two-thirds  of  the  members  of  each  branch  of  the  legislature,  to  be 
recorded  by  j^eas  and  nays  on  the  journals  of  each  house  respectively; 
and  every  such  law  shall  levy  a  tax  annually  sufficient  to  pay  the 
annual  interest  of  such  debt,  and  also  a  tax  sufficient  to  pay  the  prin- 
cipal of  such  debt  within  ten  years  from  the  final  passage  of  such 
law,  and  shall  specially  appropriate  the  proceeds  of  such  taxes  to  the 
payment  of  such  principal  and  interest ;  and  such  appropriation  and 
taxes  shall  not  be  repealed,  postponed  or  diminished,  until  the  prin- 
cipal and  interest  of  such  debt  shall  have  been  wholly  paid.  The 
State  shall  never  contract  any  debts  for  works  of  internal  improve- 
ments, or  be  a  party  in  carrying  on  such  works,  except  in  cases  where 
grants  of  land  or  other  property  shall  have  been  made  to  the  State, 
especially  dedicated  by  the  grant  to  specific  purposes,  and  in  such  case 
the  State  shall  devote  thereto  the  avails  of  such  grants,  and  may 
pledge  or  appropriate  the  revenues  derived  from  such  works  in  aid  of 
their  completion. 

Sec.  6.  All  debts  authorized  by  the  preceding  section  shall  be  con- 
tracted by  loan  on  State  bonds  of  amounts  not  less  than  five  hundred 
dollars  each  on  interest,  payable  within  ten  years  after  the  final 
passage  of  the  law  authorizing  such  debt ;  and  such  bonds  shall  not 
be  sold  by  the  State  under  par.  A  correct  registry  of  all  such  bonds 
shall  be  kept  by  the  treasurer,  in  numerical  order,  so  as  always  to 
exhibit  the  number  and  amount  unpaid,  and  to  whom  severally  made 
payable. 

Sec.  7.  The  State  shall  never  contract  any  public  debt,  unless  in 
time  of  war,  to  repel  invasion  or  suppress  insurrection,  except  in  the 

o  These  amendments  were  adopted  Nov.  6.  1860.  By  Chapter  71.  G.  L.  of 
1881  (extra  session),  the  question  of  paying  the  state  railroad  bonds  was  sub- 
mitted to  a  vote  of  the  people,  and  the  law  was  duly  ratified  by  a  vote,  82,435 
in  favor,  and  24,520  against. 

6  G.  L.  of  1878,  Ch.  1.  makes  this  exemption  $100. 

c  Amended  April  14,  1858. 


Minnesota— 1857  2013 

cases  and  in  the  manner  provided  in  the  hfth  and  sixth  sections  of 
this  article. 

Sec.  8.  The  money  arising  from  any  loan  made,  or  debt  or  liability 
contracted,  shall  be  applied  to  the  object  specified  in  the  act  authoriz- 
ing such  debt  or  liability,  or  to  the  rejjayment  of  such  debt  or  liability, 
and  to  no  other  purpose  whatever. 

Sec.  9.  Xo  money  shall  ever  be  paid  out  of  the  treasury  of  this 
State  except  in  pursuance  of  an  appropriation  by  law. 

Sec.  10.  The  credit  of  the  State  shall  never  be  given  or  loaned  in 
aid  of  any  individual,  association  or  corporation.  [Nor  shall  there  be 
any  further  issue  of  bonds  denominated  ''  Minnesota  State  Railroad 
Bonds,"  under  what  purports  to  be  an  amendment  to  section  ten  (10) 
of  article  nine  (9)  of  the  Constitution,  adopted  April  fifteenth, 
eighteen  hundred  and  fifty-eight,  which  is  hereby  expunged  from  the 
Constitution,  saving,  excepting  and  reserving  to  the  State,  neverthe- 
less, all  rights,  remedies,  and  forfeitures  accruing  under  said  amend- 
ment.] '^ 

Sec.  11.  There  shall  be  published  by  the  treasurer,  in  at  least  one 
newspaper  printed  at  the  seat  of  government,  during  the  first  week  in 
January  in  each  year,  and  in  the  next  volume  of  the  acts  of  legisla- 
ture, detailed  statements  of  all  moneys  drawn  from  the  treasury  dur- 
ing the  preceding  year,  for  what  purpose  and  to  whom  paid,  and  by 
what  law  authorized;  and  also  of  all  moneys  received,  and  by  what 
authority  and  from  whom. 

^  Sec.  12.  Suitable  laws  shall  be  passed  by  the  legislature  for  the 
safe-keeping,  transfer  and  disbursements  of  the  state  and  school 
funds;  and  all  officers  and  other  persons  charged  with  the  same  or 
any  part  of  the  same,  or  the  safe  keepino;  thereof,  shall  be  required  to 
give  ample  security  for  all  moneys  and  funds  of  any  kind  received  by 
them;  to  make  forthwith  and  keep  an  accurate  entry  of  each  sum 
received,  and  of  each  payment  and  transfer;  and  if  any  of  said 
officers  or  other  persons  shall  convert  to  his  own  use  in  any  manner 
or  form,  or  shall  loan,  with  or  without  interest,  or  shall  deposit  in  his 
own  name,  or  otherwise  than  in  the  name  of  the  State  of  ^linnesota ; 
or  shall  deposit  in  banks  or  with  any  person  or  persons,  or  exchange 
for  other  funds  or  property,  anv  portion  of  the  funds  of  the  State 
or  of  the  school  funds  aforesaid,  exce])t  in  the  manner  prescribed  by 
law,  every  such  act  shall  be  and  constitute  an  embezzlement  of  so 
much  of  the  aforesaid  State  and  school  funds,  or  either  of  the  same, 
as  shall  thus  be  taken,  or  loaned,  or  deposited  or  exchanged,  and  shall 
be  a  felony;  and  any  failure  to  pa}^  over,  produce  or  account  for  the 
State  school  funds,  or  any  part  of  the  same  entrusted  to  such  officer 
or  persons  as  by  law  required  on  demand,  shall  be  lield  and  be  taken 
to  l)e  prima  facie  evidence  of  such  eml)ezzlement. 

Sec.  i:^).  The  legislature  may.  by  a  two-thirds  vote,  ])ass  a  general 
banking  law,  with  the  following  restrictions  and  requirements,  viz: 

First — The  legislature  shall  have  no  power  to  pass  any  law  sanc- 
tioning in  any  manner,  directly  or  indirectly,  the  suspension  of  specie 
payments  by  any  person,  association  or  corporation  issuing  l)ank  notes 
of  any  description. 

Second — The  legislature  shall  provide  I)v  law  for  the  registry  of  all 

«  The  clause  in  brackets  was  adopted  Nov.  6,  1860. 
6  Adopted  Nov.  4.  187.3. 


2014  Minnesota— 1857 

bills  or  notes  issued  or  put  in  circulation  as  money,  and  shall  require 
ample  security  in  United  States  stock  or  State  stocks  for  the  redemp- 
tion of  the  same  in  specie;  and  in  case  of  a  depreciation  of  said  stocks, 
or  any  part  thereof,  to  the  amount  of  ten  per  cent  or  more  on  the  dol- 
hir,  the  bank  or  banks  owning  said  stocks  shall  be  required  to  make 
up  said  deficiency  by  additional  stocks. 

Third — The  stockholders  in  any  corporation  and  joint  association 
for  banking  purposes,  issuing  bank  notes,  shall  be  individually  liable 
in  an  amount  equal  to  double  the  amount  of  stock  owned  by  them  for 
all  the  debts  of  such  corporation  or  association;  and  such  individual 
liability  shall  continue  for  one  year  after  any  transfer  or  sale  of  stock 
by  any  stockholder  or  stockholders. 

Fourth — In -case  of  the  insolvency  of  any  bank  or  banking  associa- 
tion, the  bill  holders  thereof  shall  be  entitled  to  preference  in  payment 
over  all  other  creditors  of  such  bank  or  association. 

Fifth — Any  general  banking  law  which  may  be  passed  in  accord- 
ance with  this  article  shall  provide  for  recording  the  names  of  all 
stockholders  in  such  corporation,  the  amount  of  stock  held  by  each, 
the  time  of  transfer,  and  to  whom  transferred. 

"^  Sec.  14.  {a)  For  the  purpose  of  erecting  and  completing  build- 
ings for  a  hospital  for  the  insane,  a  deaf,  dumb  and  blind  asylum,  the 
state  prison,  the  legislature  may  by  law  increase  the  public  debt  of  the 
State  to  an  amount  not  exceeding  $250,000,  in  addition  to  the  public 
debt  already  heretofore  authorized  by  the  Constitution ;  and  for  that 
purpose  may  proiade  by  law  for  issuing  and  negotiating  the  bonds  of 
the  State,  and  appropriate  the  money  only  for  the  purpose  aforesaid; 
which  bonds  shall  be  payable  in  not  less  than  ten  nor  more  than  thirty 
years  from  the  date  of  the  same,  at  the  option  of  the  State. 

"  Sec.  14.  (&)  The  legislature  shall  not  authorize  any  county,  town- 
ship, city,  or  other  municipal  corporation  to  issue  bonds  or  to  become 
indebted  in  any  manner  to  aid  in  the  construction  or  equipment  of  any 
or  all  railroads  to  any  amount  that  shall  exceed  ten  per  centum  of  the 
value  of  the  taxable  property  within  such  county,  township,  city,  or 
other  municipal  corporation ;  the  amount  of  such  taxable  property  to 
be  ascertained  and  determined  by  the  last  assessment  of  said  property 
made  for  the  purpose  of  state  and  county  taxation  previous  to  the 
incurring  of  such  indebtedness,  Nov.  5,  1872. 

^  Sec.  15.  The  legislature  shall  not  authorize  any  county,  township, 
city,  or  other  municipal  corporation  to  issue  bonds,  or  to  become 
indebted  in  any  manner,  to  aid  in  the  construction  or  equipment  of 
any  or  all  railroads  to  any  amount  that  shall  exceed  five  (5)  per 
centum  of  the  value  of  the  taxable  property  within  such  county,  town- 
ship, city,  or  other  municipal  corporation.  The  amount  of  such  tax- 
able property  to  be  ascertained  and  determined  by  the  last  assessment 
of  said  property  made,  for  the  purpose  of  state  and  county  taxation, 
previous  to  the  incurring  of  such  indebtedness. 

"  Sec.  16.  For  the  purpose  of  lending  aid  in  the  construction  and 
improvement  of  public  highways  and  bridges,  there  is  hereby  created 
a  fund  to  be  known  as  the  "  State  Road  and  Bridge  Fund."     Said 

"  Sections  14  (a)  and  14  (ft)  were  adopted  Nov.  5,  1872. 
6  Sec.  15  was  adopted  Nov.  4.  1879. 
c  Sec.  16  was  adopted  Nov.  8,  1898. 


Minnesota— 1857  2015 

fund  shall  include  all  moneys  accruing  from  the  income  derived  from 
investments  in  the  internal  improvement  land  fund,  or  that  may  here- 
after accrue  to  said  fund,  and  shall  also  include  all  funds  accruing 
to  any  state  road  and  bridge  fund,  however  provided. 

The  legislature  is  authorized  to  add  to  such  fund  for  the  purpose  of 
constructing  or  improving  roads  and  bridges  of  this  State,  by  pro- 
viding, in  its  discretion,  for  an  annual  tax  levy  upon  the  property  of 
this  State  of  not  to  exceed  in  any  year  one-twentieth  (1-20)  of  one  (1) 
mill  on  all  the  taxable  property  within  the  State. 

The  legislature  is  also  authorized  to  provide  for  the  appointment, 
by  the  governor  of  the  State,  of  a  board  to  be  known  as  the  "  State 
Highway  Commission,"  consisting  of  three  (3)  members,  Avho  shall 
perform  such  duties  as  shall  be  prescribed  by  law  without  salary  or 
compensation  other  than  personal  expenses. 

Such  commission  shall  have  general  superintendence  of  the  con- 
struction of  State  roads  and  bridges  and  shall  use  such  fund  in  the 
construction  thereof  and  distribute  the  same  in  the  several  counties  in 
the  State  upon  an  equitable  basis.  Provided  further^  that  no  county 
shall  receive  in  any  year  more  than  three  (3)  per  cent  or  less  than 
onedialf  (4)  of  one  (1)  per  cent  of  the  total  fund  thus  provided  and 
expended  during  such  year;  and,  promded  further,  that  no  more  than 
one-third  (^)  of  such  fund  accruing  in  any  year  shall  be  expended  for 
bridges,  and  in  no  case  shall  more  than  one-third  (7^)  of  the  cost  of 
constructing  or  improving  any  road  or  bridge  be  paid  by  the  State 
from  such  fund. 

"  Sec.  17.  The  legislature  may  impose,  or  provide  for  the  imposition 
of,  \\\)o\\  the  property  within  the  State  of  any  and  all  owners  or 
operators,  whether  corporate  or  individual,  or  otherwise,  of  any  and 
all  sleeping,  parlor  and  drawing  room  cars,  or  any  or  either  of  the 
same,  which  run  in,  into  or  through  this  State ;  also  upon  the  property 
within  this  state  of  any  and  all  telegra|3h  and  telephone  companies, 
or  owners,  Avhose  lines  are  in,  or  extend  in,  into  or  through  this  State; 
also  upon  the  property  within  this  State  of  all  express  companies,  or 
owners,  or  any  or  either  of  the  same,  doing  business  in  this  State; 
also  upon  the  ])roperty  within  this  State  of  all  domestic  insurance 
companies  of  this  State  of  any  kind ;  also  upon  the  pro])erty  within 
(his  State  of  all  owners  or  operators  of  any  and  all  mines  or  of 
mineral  ores  situated  in  this  State;  also  upon  the  property  within 
(his  State  of  all  boom  companies  or  owners,  and  of  all  ship  builders 
or  owners  doing  business  in  this  State  or  having  a  port  therein ;  pro- 
rlded,  that  this  act  shall  not  apply  to  property  owned  by  railroad 
comjianies,  their  lands  and  other  property ;  and  upon  the  property  of 
either  or  any  of  such  com]:)anies  or  owners  a  tax.  as  uniform  as  reason- 
ably may  be  with  the  taxes  imjwsed  ujion  similar  })i-o])erty  in  said 
State,  or  upon  the  earnings  thereof  within  this  State,  but  may  be 
graded  or  progressive,  oi-  both,  and  in  providing  for  such  tax,  or  in 
providing  for  ascertaining  the  just  and  true  value  of  such  property, 
it  shall  be  competent  for  the  legislature,  in  either  or  all  of  such  cases, 
to  impose  such  tax,  upon  any  or  all  property  thereof  within  this 
State,  and  in  either  case  by  taking  as  the  basis  of  such  im])Osition  the 
proportionate  business,  earnings,  mileage  or  quantity  of  production 

0  Sec.  17  was  adopted  Nov.  3,  1896. 


2016  Minnesota— 1857 

or  property  now  or  hereafter  existing  of  any  such  companies,  persons 
or  o^Yners,  transacted  or  existing  in  this  State,  in  relation  to  the  entire 
business,  mileage  or  quantity  of  production  or  property  of  such  com- 
panies, persons  or  owners  as  aforesaid ;  or  in  such  other  manner,  or  by 
such  other  method,  as  the  legislature  may  determine ;  but  the  proceeds 
of  such  taxes  upon  mining  property  shall  be  distributed  between  the 
State  and  the  various  political  subdivisions  thereof  wherein  the  same 
is  situated  in  the  same  proportion  as  the  proceeds  of  taxes  upon  real 
property  are  distributed;  ijrorided  further,  that  nothing  in  this  act 
contained  shall  operate  to  authorize  the  assessment  or  taxation  of  land 
or  ordinary  business  blocks  or  property  owned  by  any  such  corpora- 
tion, person,  firm  or  company,  except  in  the  manner  provided  by  the 
ordinary  methods  of  taxation. 

Article  X 

OF    fORPORATIOXS    HAVING    NO    BANKING   PRIVILEGES 

Section  1.  The  term  •'  Corporation,"  as  used  in  this  article,  shall  be 
construed  to  include  all  associations  and  joint  stock  companies  having 
any  of  the  powers  and  privileges  not  possessed  by  individuals  or 
partnerships,  except  such  as  embrace  banking  privileges,  and  all  cor- 
porations shall  have  the  right  to  sue,  and  shall  bo  liable  to  be  sued  in 
all  courts,  in  like  manner  as  natural  persons. 

Sec.  2.  Xo  corporations  shall  be  formed  under  special  acts,  except 
for  municipal  purposes. 

Sec.  3.  Each  stockholder  in  any  corporation  [excepting  those  or- 
ganized for  the  purpose  of  carrying  on  any  kind  of  manufacturing  or 
mechanical  business  shall  be  liable  to  the  amount  of  stock  held  or 
owned  by  him.]  "  '^  ^ 

Sec.  i.  Lands  may  be  taken  for  public  way,  for  the  purpose  of 
granting  to  any  corporation  the  franchise  of  way  for  public  use.  In 
all  cases,  however,  a  fair  and  equitable  compensation  shall  be  paid  for 
such  land,  and  the  damages  arising  from  the  taking  of  the  same :  but 
all  corporations  being  common  carriers,  enjoying  the  right  of  way  in 
pursuance  of  the  provisions  of  this  section,  shall  be  bound  to  carry 
the  mineral,  agi^icultural  and  other  jDroductions  of  manufacturers  on 
equal  and  reasonable  terms. 

1  The  clause  in  brackets  adopted  Nov.  .".  1872. 

6  The  exception  in  favor  of  nianufactnrins  corporations,  in  article  10.  section 
3,  imposing  individnal  liability  npon  stockholders  for  the  debts  of  a  corporation, 
embraces  only  those  corporations  which  are  organized  for  the  purpose,  as  stated 
in  their  articles  of  association,  of  carrying  on  an  exclusively  manufacturing 
business ;  and  if  the  purposes,  as  stated  in  the  articles,  are  to  carry  on  both  a 
manufacturing  business  and  also  other  kinds  of  business,  not  properly  incidental 
to  or  necessarily  connected  with  the  manufacturing  business,  the  fact  that  the 
corporation  never  actually  engaged  in  such  other  kinds  of  business  will  not  bring  • 
it  within  the  exception  referred  to.     44  ^linn.  400. 

c  Article  10,  section  .3,  providing  that  each  stockholder  in  any  corporation, 
excepting  those  organized  for  the  purpose  of  carrying  on  any  kind  of  manufac- 
turing or  mechanical  business,  "  shall  be  liable  to  the  amount  of  stock  held  or 
owned  by  him,"  does  not  mei-ely  make  a  stockholder  liable  to  pay  for  his  stock 
at  its  face  value,  but  imposes  a  liability  to  the  amount  of  stock  held,  in  addition 
to  the  liability  for  the  stock.     50  N.  W.  1110. 


]\Iinncsofn--lS57  2017 

Akticle  XI 

COUNTIES  AND  TOWNSHIPS 

Section  1.  The  legislature  ma}^  from  time  to  time  establish  and 
organize  *»  new  counties;  but  no  new  county  shall  contain  loss  than 
four  hundred  square  miles;  nor  shall  any  county  be  reduced  below 
that  amount ;  and  all  laws  changing  county  lines  in  counties  already 
organized,  or  for  removing  county  seats,  shall,  before  taking  effect, 
be  submitted  to  the  electors  of  the  county  or  counties  to  be  affected 
thereby,  at  the  next  general  election  after  the  passage  thereof, 
and  be  adopted  by  a  nuijority  of  such  electors.  Counties  noAv  estab- 
lished nuiy  be  enlarged,  but  not  reduced  below  four  hundred  (400) 
square  miles. 

Sec.  2.  The  legislature  may  organize  any  city  into  a  separate 
county.  Avhen  it  has  attained  a  population  of  20,000  inhabitants,  with- 
out reference  to  geographical  extent,  when  a  majority  of  the  electors 
of  the  county  in  which  such  city  may  be  situated,  voting  thereon,  shall 
be  in  favor  of  a  separate  organization. 

Sec.  3.  Laws  may  be  passed  providing  for  tlie  organization  for 
municipal  and  other  town  purposes,  of  any  congressional  or  fractional 
townships  in  the  several  counties  in  the  State,  p7'ori(le(/  that  when  a 
township  is  divided  by  county  lines  or.  does  not  contain  one  hmidred 
inhabitants,  it  may  be  attached  to  one  or  more  adjoining  townships 
or  parts  of  townships  for  the  purposes  aforesaid. 

Sec.  4.  Provision  shall  V)e  made  liy  law  for  the  election  of  such 
county  or  township  officers  as  may  be  necessary. 

Sec.  5.  Any  county  and  township  organization  shall  have  such 
powers  of  local  taxation  as  may  be  prescribed  by  law. 

Sec.  G.  Xo  money  shall  be  drawn  from  any  county  or  township 
treasury  except  by  authority  of  laAv. 

Sec.  7.^  That  the  county  of  ^lanomin  is  hereby  abolished,  and  that 
the  territory  heretofore  conq^rising  the  same  shall  constitute  and  be 
a  part  of  the  county  of  Anoka. 

Auricr^K  XII 

III'    Tin;    MiMiiA 

Section  1.  It  shall  be  the  duty  of  the  legislature  lo  pass  such  laws 
for  the  organization,  discipline  and  service  of  the  militia  of  the  State 
as  may  l)e  deemed  necessary. 

"The  establishing  of  a  coiiuty  is  the  setting  apart  of  the  territory  to  l)o  in 
future  orsanized  as  a  political  couunuuity  or  (piasi  corporation  for  political  pur- 
]ioses,  while  the  orfianizatiou  is  the  vestinjr  the  pooiilo  of  such  territory  with 
such  cori)orate  rii^lits  and  powci's:  and.  until  authorized  by  tlic  lejrislature.  the 
people  of  a  county  establislied  but  not  organized  have  no  right  to  act  as  an 
organiz(Ml  county.     U."  .Minn.  217). 

'j.NdoiJted   Nov.  2.  ISd!). 

T2.">:'> — vol.  :•> — oT \'-\ 


2018  Minnesota— 1857 

AinicLE  XIII 

I'NII'KACIIMEN'l'    A>;i)     HEAIONAl.     FROM     OFKK'i: 

Section  1.  The  <>overiK)r,  secretary  of  state,  treasurer,  auditor, 
attorney  general,  and  the  judges  of  the  supreme  and  district  courts, 
may  be  imj^eached  for  corrupt  conduct  in  office,  or  for  crimes  and  mis- 
demeanors; but  judgment  in  such  case  shall  not  extend  further  than 
to  removal  from  office  and  disqualification  to  hold  and  enjoy  any  office 
of  honor,  trust  or  profit  in  this  State.  The  party  convicted  thereof 
shall  nevertheless  be  liable  and  subject  to  indictment,  trial,  judgment 
and  punishment,  according  to  hiAV. 

Sec.  2.  The  legislature  of  this  State  may  provide  for  the  removal 
of  inferior  officers  from  office,  for  malfeasance  or  nonfeasance  in  the 
performance  of  their  duties. 

Sec.  3.  No  officer  shall  exercise  the  duties  of  his  office  after  he  shall 
have  been  impeached  and  before  his  acquittal. 

Sec.  4.  On  the  trial  of  an  impeachment  against  the  governor,  the 
lieutenant  goATrnor  shall  not  act  as  a  member  of  the  court. 

Sec.  5.  No  person  shall  be  tried  on  impeachment  before  he  shall 
have  been  served  with  a  copy  thereof  at  least  twenty  days  previous  to 
the  day  set  for  trial. 

Articlk  XIV 
amendments  to  the  constitution 

Section  1."  Whenever  a  majority  of  both  houses  of  the  legislature 
shall  deem  it  necessary  to  alter  or  amend  this  Constitution,  they  may 
propose  such  alterations  or  amendments,  which  proposed  amendments 
shall  be  published  with  the  laws  which  have  been  passed  at  the  same 
session,  and  said  amendments  shall  be  submitted  to  the  people  for 
their  approval  or  rejection  at  any  general  election,  and  if  it  shall 
appear,  in  a  manner  to  be  provided  by  law,  that  a  majority  of  all  the 
electors  voting  at  said  election  shall  have  voted  for  and  ratified  such 
alterations  or  amendments,  the  same  shall  be  valid  to  all  intents  and 
purposes  as  a  part  of  this  Constitution.  If  tAvo  or  more  alterations 
or  amendments  shall  be  submitted  at  the  same  time,  it  shall  be  so  reg- 
ulated that  the  voters  shall  vote  for  or  against  each  separately. 

Sec.  2.  "NATienever  two-thirds  of  the  members  elected  to  each  branch 
of  the  legislature  shall  think  it  necessary  to  call  a  convention  to  revise 
this  Constitution,  they  shall  recommend  to  the  electors  to  A'ote  at  the 
next  general  election  for  members  of  the  legislature,  for  or  against  a 
convention;  and  if  a  majority  of  all  the  electors  voting  at  said  elec- 
tion shall  have  voted  for  a  convention,  the  legislature  shall,  at  their 
next  session,  provide  by  law  for  calling  the  same.  The  convention 
shall  consist  of  as  many  members  as  the  House  of  Representatives, 
who  shall  be  chosen  in  the  same  manner,  and  shall  miH't  Avithin  three 
months  after  their  election  for  the  purpose  aforesaid. 

«  Adopted  Nov.  8,  1898. 


Mmnesota~1857  2019 

Article  XY 
mkscki.laneol  s  sibjec  ts 

Section  1.  The  seat  of  <><)Vi>nuiu*nt  of  the  State  shall  he  at  the  city 
of  St.  Paul.  l)ut  the  le<;islatiire,  at  their  first  or  any  future  session, 
may  provide  by  law  for  a  change  of  the  seat  of  government  by  a  vote 
of  the  people,  or  may  locate  the  same  upon  the  land  granted  by  Con- 
gress for  a  seat  of  government  to  the  State;  and  in  the  event  of  the 
seat  of  government  being  removed  from  the  city  of  St.  Paul  to  any 
other  ])Iace  in  the  State,  the  capitol  building  and  grounds  shall  be 
dediciited  to  an  institution  for  the  i)r()niotion  of  science,  literature 
and  the  arts,  to  be  organized  by  the  legislature  of  the  State,  and  of 
wiiich  institution  the  ^linnesota  Historical  Society  shall  always  be  a 
dejjartment. 

Sec.  2.  Persons  residing  on  Indian  lands  Avithin  the  State  shall 
enjoy  all  the  rights  and  privileges  of  citizens,  as  though  they  lived  in 
any  other  i)ortion  of  the  State,  and  shall  be  sul)ject  to  taxation. 

Sec.  ;').  The  legislature  shall  provide  for  a  uniform  oath  or  allirma- 
tion  to  l)e  administered  at  elections,  and  no  ])erson  shall  be  compelled 
to  take  any  other  or  diti'erent  form  of  oath  to  entitle  him  to  vote. 

Sec.  4.  There  shall  be  a  seal  of  the  State,  which  shall  be  kept  by 
the  secretary  of  state,  and  be  used  by  him  officially,  and  shall  be 
called  the  great  seal  of  the  Slate  of  Minnesota,  and  shall  be  attached 
to  all  the  official  acts  of  the  governor  (his  signature  to  acts  and 
resolves  of  the  legislature  excepted)  requiring  authentication.  The 
legislature  shall  provide  for  an  appro})riate  device  and  motto  for  said 
seal. 

Sec.  .').  The  territorial  prison,  as  located  under  existing  la\\>.  shall. 
after  the  adojition  of  this  Constitution,  be  and  ]-euuiin  one  of  the 
state  i)risons  of  the  State  of  ^linnesota. 

SciiEmi.K 

Section  1.  1'hat  no  incon\enience  may  ai'ise  by  r(>ason  of  a  change 
from  a  territorial  to  a  permanent  state  of  government,  il  is  declared 
that  all  rights,  actitms.  prosecutions,  judgments,  claims  and  contracts, 
as  well  of  individuals  as  of  bodies  corporate,  shall  continue  as  if  no 
change  had  taken  ])lace:  and  all  |)i-()cess  which  may  be  issued  undei- 
the  authority  of  the  Territoi'v  of  Mimiesota  pi'evious  to  its  admission 
into  the  Union  of  the  United  Slates  ^hall  be  as  Aalid  as  if  issued  in 
the  name  of  the  State. 

Sec.  *2.  All  laws  now  in  force  in  the  'i'ei-ritory  of  Minnesota  not 
I'opugnant  to  this  Constitution  shall  remain  in  force  until  they  exi)ire 
by  their  own  limitation,  or  be  altered  or  re])ealed  by  the  iegislatin-e. 

Sec.  ;>.  All  lines,  penalties  or  forfeitures  accruing  to  the  Tei'ritorv 
of  Minnesota  shall  inure  to  the  State. 

Sec.  4.  All  recognizances  hei'etofoi'e  taken,  or  which  ma\'  be  taken 
before  the  change  fi'om  a  tei'rilorial  to  a  permanent  state  go\"ernment 
shall  remain  valid,  and  shall  pass  to  and  may  be  pi'osecuted  in  the. 
name  of  the  State;  aiul  all  bonds  executed  to  the  govei'nor  of  the, 
Teri'itory.  or  to  any  otluu-  officer  or  court  in  his  or  their  official  capac- 
ity, shall  i)ass  to  the  go\-ei-nor  or  state  authoritv  and  their  successors 


2(  )2( )  Min  nevoid—  ISTj? 

ill  ((llicc,  for  the  uses  thoreiii  rospectively  cxprossod,  an<l  iiiny  be  siumI 
for  and  recovered  accordingly;  and  all  the  estate  of  })ropei'ty,  real, 
personal  or  mixed,  and  all  jndgnients,  bonds,  specialties,  choses  in 
action,  and  claims  and  debts,  of  whatsoever  description,  of  the  Terri- 
tory of  Minnesota,  shall  inure  to  and  vest  in  the  State  of  Minnesota, 
ancl  may  be  sued  for  and  recovered  in  the  same  manner  and  to  the 
same  extent  by  the  State  of  Minnesota  as  the  same  could  have  been 
by  the  Territory  of  Minnesota.  All  criminal  prosecutions  and  penal 
actions  which  may  have  arisen,  or  which  may  arise  before  the  change 
from  a  territorial  to  a  state  government,  and  which  shall  then  be 
pending,  shall  be  prosecuted  to  judgment  and  execution  in  the  name 
of  the  State.  All  offenses  committed  against  the  laws  of  the  Terri- 
tory of  Minnesota,  before  the  change  from  a  territorial  to  a  state 
government,  and  which  shall  not  be  prosecuted  before  such  change, 
may  be  prosecuted  in  the  name  and  l)y  the  authority  of  the  State  of 
Minnesota  with  like  effect  as  though  such  change  had  not  taken  place, 
and  all  penalties  incurred  shall  remain  the  same  as  if  this  Constitu- 
tion had  not  been  adopted.  All  actions  at  law  and  suits  in  equity 
which  may  be  pending  in  any  of  the  courts  of  the  Territory  of  Min- 
nesota, at  the  time  of  a  change  from  a  territorial  to  a  state  govern- 
ment, may  be  continued  and  transferred  to  any  court  of  the  State 
which  shall  have  jurisdiction  of  the  subject  matter  thereof. 

Sec.  5.  All  territorial  officers,  civil  or  military,  now  holding  their 
offices  under  the  authority  of  the  United  States,  or  of  the  Territory 
of  Minnesota  shall  continue  to  hold  and  exercise  their  respective 
offices  until  they  shall  be  superseded  by  the  authority  of  the  State. 

Sec.  C).  The  first  session  of  the  legislature  of  the  State  of  Minnesota 
shall  commence  on  the  first  Wednesday  of  December  next,  and  shall 
be  held  at  the  capitol,  in  the  city  of  St.  Paul. 

Sec.  7.  The  laAvs  regulating  the  election  and  qualification  of  all  dis- 
trict, county  and  precinct  officers  shall  continue  and  be  in  force  until 
the  legislature  shall  otherwise  ]n^ovide  by  law. 

Sec"  8.  The  president  of  this  convention  shall,  immediately  after 
the  adjournment  thereof,  cause  this  Constitution  to  be  deposited  in 
the  office  of  the  governor  of  the  Territory;  and  if,  after  the  sul)mis- 
sion  of  the  same  to  a  vote  of  the  people,  as  hereinafter  provided,  it 
shall  appear  that  it  has  been  adopted  by  a  vote  of  the  people  of  the 
State,  then  the  governor  shall  forward  a  certified  copy  of  the  same, 
together  with  an  abstract  of  the  votes  polled  for  and  against  the  said 
Constitution,  to  the  president  of  the  United  States,  to  be  by  him  laid 
before  the  Congress  of  the  United  States. 

Sec.  9.  For  the  purposes  of  the  first  election,  the  State  shall  consti- 
tute one  district,  and  shall  elect  three  members  to  the  House  of  ReD- 
resentatives  of  the  United  States. 

Sec.  10.  For  the  purposes  of  the  first  election  for  members  of  the 
State  Senate  and  House  of  Representatives,  the  State  shall  be  divided 
into  senatorial  and  representative  districts,  as  follows,  viz:  First 
district,  Washington  county;  Second  district,  Ramsey  county;  Third 
district,  Dakota  county;  Fourth  district,  so  much  of  Hennepin  county 
as  lies  Avest  of  the  Mississippi;  Fifth  district.  Rice  county;  Sixth  dis- 
trict, Goodhue  county;  Seventh  district,  Scott  county;  P'ighth  dis- 
trict, Olmsted  county:  Ninth  district.  Fillmore  county;  Tenth  dis- 
trict, Houston  county;  Eleventh  district,  Winona  county;  Twelfth 
district,  Wabasha   county;   Thirteenth   district.  Mower  and   Dodge 


^  finnesota —  1 S5  7 


2021 


counties;  Fourteenth  district,  Freeborn  and  Fariliault  counties;  Fif- 
teenth district,  Steele  and  Waseca  counties;  Sixteenth  district,  Bkie 
Earth  and  Le  Sueur  counties;  Seventeenth  district.  XicoHet  and 
Brown  comities:  Eighteenth  district,  Siblev,  lieuville  and  McLeod 
counties;  Nineteenth  district.  Carver  and  AA'rioht  counties:  Twen- 
tieth district,  Benton,  Stearns  and  Meeker  counties:  Twenty-hrst  dis- 
trict, Morrison,  Crow  Wing  and  Mille  Lacs  counties;  Twenty-second 
district,  Cass,  Pembina  and  Todd  comities;  Tw-enty-third  district,  so 
much  of  Hennepin  county  as  lies  east  of  the  Mississippi ;  Twenty- 
fourth  district,  Sherburne,  Anoka  and  Manomin  counties;  Twenty- 
fifth  district,  Chisag-o,  Pine  and  Isanti  counties:  Twenty-sixth  dis- 
(I'ict,  Buchanan,  Carlton,  St.  Louis,  Lake  and  Itasca  counties. 

Skc.  11.  The  counties  of  Brown,  Stearns,  Todd,  Cass,  Pembina  and 
Benville,  as  applied  in  the  preceding  section,  shall  not  be  deemed  to 
include  any  territory  west  of  the  State  line,  but  shall  be  deemed  to 
include  all  counties  and  parts  of  counties  east  of  said  line  as  were 
created  out  of  the  territory  of  either,  at  the  last  session  of  the 
legislature. 

Sec.  12.  The  senators  and  representatives  at  the  first  election  shall 
be  ai)])ortioned  among  the  several  senatorial  and  i-epresenlalive,  dis- 
tricts as  follows,  to  wit : 


Senators. 

Represent- 
atives. 

1 

Senatf)rs. 

Represent- 
atives. 

1st  district 

<> 

■ 
3 

14th  (liPtrict 

3 

2(1          ■       

•^ 

() 

15th        •'       

4 

'.id        '•       

>> 

0 

16th       "      

:> 

4th        "       

2 

4 

17th       "      

3 

5t.h        "       

9 

3 

18th       "      

;; 

()th        "      

1 

4 

19th       •'      

7th        "       

1 

:i 

20th       '■      

3 

8th        "       

9 

4 

21st        "       

1 

9th        "       

2 

(i 

22(1        '•       

1 

10th        •'       : 

9 

•A 

23(1        "       

9 

11th       ■'      

2 

4 

24th        "       

T 

12th        "       

1 

3 

25th        "       

1 

i:!th       •'      

2 

8 

2fUh        '•       

1 

■  ti 

Sll 

Sec.  1?).  The  returns  from  the  Twenty-second  district  shall  be  made 
to  and  canvassed  bv  the  judges  of  election  at  the  precinct  of  Otter 
Tail  City. 

Sec.  14.  Until  the  legislature  shall  otherwise  pro\ide.  the  Stale 
shall  be  dividetl  into  judicial  disti'icts  as  follows,  vi/: 

The  counties  of  AVashiugton,  Chisago.  ^Luiomiu.  Anoka,  Isaiui. 
Pine,  Buchainm,  Carlton.  St.  Louis  and  I^ake  shall  constitute  the 
First  judicial  district. 

The  county  of  Kamsey  shall  constitute  the  Second  judicial  district. 

The  counties  of  Tlotiston.  Winona.  Fillmore.  Olmsted  and  A\'aba>-lia 
shall  constitute  the  Third  judicial  district. 

The  counties  of  Ilemiepin.  Carver.  A\'right,  Meeker.  Slierbin'nc. 
lienton.  Stearns.  Morrison.  Crow  AViug.  Mille  Lacs.  Itasca.  Pembina. 
Todd  and  Cass  shall  constitute  the  Fourth  judicial  district. 


2022  Minnesota— iSS7 

'Vhv  counties  ol"  Dakota.  ( loodhiic,  Scolt.  Rice,  Steele.  Wasecjl, 
Dodgfe,  MoAvor  and  Fi-cohoni  slial!  constiliil*'  the  Fiftli  judicial  dis- 
trict. 

The  counties  of  Le  Sueur,  Sibley,  Nicollet,  Blue  Eartli,  Faribault, 
McLeod,  Renville,  Brown,  and  all  other  counties  in  the  State  not 
included  within  the  other  districts,  shall  constitute  the  Sixth  judicial 
district. 

Sec.  15.  Each  of  the  foregoing  enumerated  judicial  districts  may, 
at  the  first  election,  elect  one  prosecuting  attorney  for  the  district. 

Sec.  16.  Upon  the  second  Tuesday,  the  thirteenth  day  of  October, 
1857,  an  election  shall  be  held  for  members  of  the  House  of  Repre- 
sentatives of  the  United  States,  governor,  lieutenant  governor,  su- 
preme and  district  judges,  members  of  the  legislature,  and  all  other 
officers  designated  in  this  Constitution,  and  also  for  the  submission  of 
this  Constitution  to  the  j^eople,  for  their  adoption  or  rejection. 

Sec.  17.  Upon  the  day  so  designated  as  aforesaid  every  free  white 
male  inhabitant  over  the  age  of  tw^enty-one  years,  who  shall  have 
resided  within  the  limits  of  the  State  for  ten  days  previous  to  the 
day  of  said  election,  may  vote  for  all  officers  to  be  elected  under  this 
Constitution  at  such  election,  and  also  for  or  against  the  adoption  of 
this  Constitution. 

Sec.  18.  In  voting  for  or  against  the  adoption  of  this  Constitu- 
tion, the  words,  ''  For  Constitution,''"'  or  ""Against  Constitution,"  may 
be  written  or  jjrinted  on  the  ticket  of  each  voter,  but  no  voter  shall 
vote  for  or  against  this  Constitution,  on  a  separate  ballot  from  that 
cast  by  him  for  officers  to  be  elected  at  said  election  under  this  Con- 
stitution ;  and  if  upon  the  canvass  of  the  vote  so  polled  it  shall  appear 
that  there  was  a  greater  number  of  votes  polled  for  than  against  said 
Constitution,  then  this  Constitution  shall  be  deemed  to  be  adopted  as 
the  Constitution  of  the  State  of  Minnesota,  and  all  the  provisions 
and  obligations  of  this  Constitution,  and  of  the  schedule  thereunto 
attached,  shall  thereafter  be  valid  to  all  intents  and  purposes  as  the 
Constitution  of  said  State. 

Sec.  10.  At  said  election  the  polls  shall  be  opened,  the  elections 
held,  returns  made,  and  certificates  issued,  in  all  respects  as  provided 
by  law  for  opening,  closing  and  conducting  elections  and  making 
returns  of  the  same,  except  as  hereinbefore  specified,  and  excepting 
also  that  polls  may  be  opened  and  elections  held  at  any  point  or 
jDoints  in  any  of  the  counties  where  precincts  may  be  established  as 
provided  by  law,  ten  days  previous  to  the  day  of  election,  not  less 
than  ten  miles  from  the  place  of  voting  in  any  established  precinct. 

Sec.  20.  It  shall  be  the  duty  of  the  judges  and  clerks  of  election,  in 
addition  to  the  returns  required  by  law  for  each  jDrecinet,  to  forward 
to  the  secretary  of  the  Territory,  by  mail,  immediately  after  the  close 
of  the  election,  a  certified  copy  of  the  poll  book  containing  the  name 
of  each  person  who  has  voted  in  the  precinct  and  the  number  of 
votes  polled  for  and  against  the  adoption  of  this  Constitution. 

Sec.  21.  The  returns  of  said  election  for  and  against  this  Consti- 
tution, and  for  all  state  officers  and  members  of  the  House  of  Repre- 
sentatiA'es  of  the  United  States,  shall  be  made,  and  certificates  issued 
in  the  manner  now  ])rescribed  by  law  for  returning  votes  given  for 
delegates  to  Congress;  and  the  returns  for  all  district  officers,  judi- 
cial, legislative  or  otherwise,  shall  be  made  to  the  register  of  deeds 


Minnesota— 1857  2023 

of  the  ^-eiiior  eounly  in  each  di^lrid.  in  liic  manner  pre.serilxHl  by 
law,  except  as  otherwise  i)r()\i(le(L  The  returns  for  all  officers  elected 
at  large  shall  be  canvassed  by  the  governor  of  the  Territory,  assisted 
by  Joseph  K.  Brown  and  Thomas  J.  (ialljraith,  at  the  time  designated 
by  law  for  canvassing  the  vote  for  delegates  to  Congress. 

Skc.  22.  If,  upon  canvassing  the  votes  for  and  against  the  a(loi)tion 
of  this  Constitution,  it  shall  ap[)ear  that  there  has  been  ])olled  a 
greater  numl)er  of  votes  against  than  for  it,  then  no  certificate  of 
election  shall  be  issued  for  any  State  or  district  officer  provided  for 
in  this  Constitution,  and  no  State  organization  shall  have  validit}'^ 
within  the  limits  of  the  Territory,  until  otherwise  provided  for  and 
until  a  Constitution  for  a  State  government  shall  have  been  adopted 
by  the  2)eople. 


MISSISSIPPI" 


For  organio  acts  relating  to  the  laml  iiuw   included  witliiii   ^rississil^|li  s«'('  in 
other  parts  of  this  works  as  follows  : 

Projirietary  Charter  of  Carolina.  lOGo  (North  Carolina,  p.  274.".). 
Proprietary  Proposals,  1G63  (North  Carolina,  p.  27.").",). 
Proprietary  Charter  of  Carolina,  KiGO   (North  Carolina,  p.  27r)<;). 
Fundamental  Constitutions  of  Carolina,   1GG9    (North  Carolina,  p.  2772). 
Proprietary  Charter  of  Georgia,  17".2  (Georgia,  p.  7Gr)). 
Constitution  of  South  Cai'olina.  177G  (South  Carolina,  p.  .".241  i. 
Constitution  of  Georgia.  1777  (Georgia,  p.  777). 
Constitution  of  South  Carolina.  1778  (South  Carolina.  ]i.  8248). 
Constitution  of  Georgia.  1780  (Georgia.  ]).  785). 
Territory  South  of  Ohio  River.  1700  (Tennessee,  p.  :i400). 
I'roclaniation   Respecting   Occupation    of  Territory.    1810    ( Louisian.-i.    p. 
1375). 


TERRITORIAL  GOVERNMENT  OF  MISSISSIPPI— 1798  ' 

[Fifth  Congrkss.  Skcond  SkssionI 

An  Act  for  an  aniicahh'  settlement  of  the  limits  with  the  ."<t;ite  of  (Jeorgia.  and 
authorizing  the  establishment  of  a  government  in  the  Mississi])i)i  Territory 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  Ameriea  in  Con(/ress  assemhJed,  That  the  President 
of  the  United  States  be.  and  he  hereby  is,  autliorized  to  appoint  three 
commissioners,  any  two  of  whom  shall  have  power  to  adjust  and 
determine,  with  such  commissioners  as  may  be  appointed  under  the 
leifislative  authority  of  the  State  of  Georgia,  all  interferin<r  claims  of 
the  United  States  and  that  State,  to  territory  situate  west  of  the  rivei- 
Cliattahouchee,  north  of  the  thirty-first  degree  of  nortli  latitude,  and 
south  of  the  cession  made  to  the  United  States  l)y  Soutli  Carolina: 
and  also  to  receive  any  jiroposals  foi-  the  relinquishment  or  cession  of 
the  whole  or  any  part  of  the  othei-  teri-itoiy  claimed  by  the  State  of 
Georgia,  and  out  of  the  ordinary  jurisdiction  thereof. 

"A  portion  of  the  area  embraced  in  the  present  State  of  Mississijipi  was  suc- 
cessively mider  the  rule  of  Great  Britain.  Si)ain.  ;ind  France  JK'fore  the  United 
States  (Jovernment  took  jiossession  in  170S.  (ieorgi.-i  then  claimed  jurisdiction 
over  Alabama  and  Mississippi,  but  i-eded  her  rights  upon  the  payment  of 
.$1,250.0(1(1,  out  of  the  proceeds  of  the  sales  of  the  i)ublic  land  therein. 

''For  other  statutes  of  an  organic  nature  relating  to  Mississi])])!  see  .-m  act  to 
I'egulate  grants  of  land,  and  declaring  waterways  south  of  Tennessee  to  lie  public 
bigliways.  act  of  .March  :',.  ISO".;  to  appoint  additional  Judge  .-ind  n'gulate  court 
lirocedure.  ^^arcll  27.  1S04;  to  give  additional  judge  and  extend  riirlit  of 
suffrage.  :March  2.  181(1;  to  eidai-ge  the  bomid.-iries  of.  ^fay  14.  1S12:  to  re(|uest 
state  of  Georgia  to  agree  to  formation  of  two  states  in  Mississii»i)i  Territory. 
.Fune  17,  1812:  extending  right  of  suffrage,  act  of  October  25.  1814:  to  provide 
tor  due  execution  of  the  laws  of  United  States  in.  April  :^.  1818. 

20L>r> 


2026  Mississippi— 179S 

Skc.  -2.  Ami  he  U  further  ciKichil.  Thai  all  llic  lands  ihiis  ascer- 
lained  as  the  pro])t'r(y  of  the  UnitcMl  States  shall  be  disposed  of  in 
such  manner  as  shall  be  hereafter  directed  by  hnv ;  and  the  nett 
proceeds  thereof  shall  be  a])i)lied  to  the  sinking  and  discharging  the 
public  debt  of  the  United  States,  in  the  same  manner  as  the  proceeds 
of  the  other  public  lands  in  the  territory  northwest  of  the  river  Ohio. 

Sec.  3.  And  l>e  it  further  enacted^  That  all  that  tract  of  country 
bounded  on  the  west  by  the  Mississippi,  on  the  north  l)y  a  line  to  be 
drawn  dne  east  from  the  mouth  of  the  Yazoo  to  the  Chattahouchee 
River;  on  the  east  by  the  river  Chattahouchee;  and  on  the  south  by 
the  thirty-first  degree  of  north  latitude,  shall  l)e,  and  hereby  is,  con- 
stituted one  district,  to  be  called  the  ^Mississippi  Territory;  and  the 
President  of  the  United  States  is  hereby  authorized  to  establish 
therein  a  government  in  all  respects  similar  to  that  now  exercised  in 
the  territory  northwest  of  the  Ohio,  excej^ting  and  excluding  the  last 
article  of  the  ordinance  made  for  the  government  thereof  by  the  late 
Congress,  on  the  thirteenth  day  of  July,  one  thousand  seven  hundred 
and  eighty-seven,  and,  by  and  with  the  advice  and  consent  of  the 
Senate,  to  appoint  all  the  necessary  officers  therein,  who  shall  respect- 
ively receive  the  same  compensations  for  their  services,  to  be  paid  in  the 
same  manner  as  is  by  law  established  for  similar  officers  in  the  terri- 
tory northwest  of  the  river  Ohio;  and  the  powers,  duties,  and  emolu- 
ments of  a  superintendent  of  Indian  affairs  for  the  southern  depart- 
ment shall  be  nnited  with  those  of  governor:  Provided^  cdwayx^  That 
if  the  President  of  the  United  States  should  find  it  most  expedient 
to  establish  this  government  in  the  recess  of  Congress,  he  shall  never- 
theless have  full  power  to  appoint  and  connnission  all  officers  herein 
authorized;  and  their  commissions  shall  continue  in  force  nntil  the 
end  of  the  session  of  Congress  next  ensuing  the  establishment  of  the 
government. 

Sec.  4.  And  he  it  further  enacted^  That  the  territory  hereby  con- 
stitnted  one  district,  for  the  purpose  of  government,  may,  at  the  dis- 
cretion of  Congress,  be  hereafter  divided  into  two  districts,  with 
separate  territorial  governments  in  each,  similar  to  that  established 
by  this  act. 

Sec.  5.  And  he  it  further  enaeted,  That  the  establishment  of  this 
govermnent  shall  in  no  respect  impair  the  right  of  the  State  of 
Georgia,  or  of  any  person  or  persons,  either  to  the  jurisdiction  or  the 
soil  of  the  said  Territory;  but  the  rights  and  claims  of  the  said  State, 
and  all  persons  interested,  are  hereby  declared  to  be  as  firm  and  avail- 
able as  if  this  act  had  never  been  made. 

Sec.  G.  And  he  it  further  enaeted.  That  from  ^nd  after  the  estab- 
lishment of  the  said  government,  the  people  of  the  aforesaid  Terri- 
tory shall  be  entitled  to  and  enjoy  all  and  singular  the  rights,  privi- 
leges, and  advantages  granted  to  the  people  of  the  territory  of  the 
United  States  nortlnvest  of  the  rivei-  Ohio  in  and  by  the  aforesaid 
ordinance  of  the  thirteenth  day  of  July  in  the  year  one  thousand 
seven  hundred  and  eighty-seven,  in  as  full  and  ample  a  manner  as 
the  same  are  possessed  and  enjoyed  l)v  the  people  of  the  said  last- 
mentioned  Territory. 

Sec.  7.  And  he  it  further  enaeted.  That  from  and  after  the  estab- 
lishment of  the  aforesaid  government,  it  shall  not  be  lawful  for  any 
person  or  persons  to  import  or  bring  into  the  said  Mississippi  Terri- 
t(H-v.  from  any  ])oi't  or  place  without  the  limits  of  the  United  States, 


Mississippi — IWO  2027 

or  to  cuUhc  or  prociuv  lo  he  ^o  imporicd  or  hroughl,  or  knowiiiojh-  lo 
aid  or  assist  in  so  iinj)<)rtiii_i2;  or  bringing,  any  slave  or  slaves;  and 
that  every  person  so  otl'ending.  and  being  thereof  convicted  before 
any  court  within  the  said  Territory,  having  competent  jurisdiction, 
shall  forfeit  and  pay  for  each  and  every  slave  so  imported  oi-  brought 
the  sum  of  three  hundred  dollars;  one  moiety  for  the  use  of  the  Tnited 
States,  and  the  other  moiety  for  the  use  of  any  person  or  persons  who 
shall  sue  for  the  same;  and  that  every  slave  so  imj^orted  or  l)r()ught 
shall  thereupon  become  entitled  to  and  receive  his  or  hei-  freedom. 

Sec.  S.  Ami  hr  if  fitrtJier  cmu-ted^  That  the  sum  of  ten  thousand 
dollars  be,  and  hereby  is,  appropriated,  for  the  purpose  of  enabling 
the  President  of  the  United  States  to  carry  into  effect  the  provisions 
of  this  act ;  and  that  the  said  sum  be  paid  out  of  any  moneys  in  the 
Treasury  not  otherwise  appropriated. 

.Approved.  A])i'il  7.  ITOS. 


TERRITORIAL  GOVERNMENT  OF  MISSISSIPPI— 1800 

I  Six  111   ( '()\(.i;i;ss.  l^'utsi    Skssion  | 

An  Act  supiileait-nlal  lo  tlio  Act  intituled  "An  Act  fur  au  ;unlcal)li'  settlement  of 
limits  with  the  State  of  (ieoi-fria.  and  authorizing  th(>  establishment  of  a  gov- 
erinneiit  in  the  Mississippi  'J^MTitory  " 

lie  it  enacted  hi)  the  Se)iiite  and  House  of  Representatives  of  the 
United  States  of  Ameriea  hi  Congress  axsemhied,  That  so  much  of  the 
ordinance  of  Congress  of  the  thirteenth  of  July,  one  thousand  seven 
hundred  and  eighty-seven,  and  of  the  act  of  Congress  of  the  seventh 
of  August,  one  thousand  seven  himdred  and  eighty-nine,  providing 
for  the  government  of  the  territory  of  the  Ignited  States  northwest 
of  the  river  Ohio,  as  relates  to  the  organization  of  a  general  assembly 
therein  and  prescribes  the  jK)wers  thereof,  shall  fortiiwitli  operate 
and  l)e  in  force  in  the  ]\Iississi])pi  Territory:  Proridcd.  That  until  the 
number  of  free  male  iiiliabitants  of  full  age  in  the  said  Territory  shall 
amoiinl  to  live  thousand,  there  shall  not  be  retiu'iied  to  the  general 
assembly  more  than  nine  re])resentatives. 

Sec.  'J.  And  he  it  f\ivther  enacted.  That  until  the  nimiber  of  free 
nmle  inhabitants  of  full  age  in  the  Mississippi  Territory  shall  amount 
to  five  thousand,  the  comity  of  .Vdams  shall  V)e  entitled  to  choose  four 
rej)resentalives  to  the  general  assembly,  the  comity  of  Pickering  four, 
and  the  TensaAV  and  Tombigbee  settlements  one. 

Sec.  3.  And  t>e  it  fiirtJio-  enacted.  That  the  first  election  foi-  r('i)re- 
sentatives  to  the  general  assembly  shall  be  on  the  fourth  Monday  in 
duly  next,  and  that  all  subseiiuent  elections  shall  be  regulated  l)y  the 
legislatm'e. 

Sec.  4.  And  he  it  farther  enacted.  That  it  shall  be  the  duty  of  the 
governor  of  the  Mississippi  Territory  to  cause  the  said  election  to  be 
holden  on  the  day  aforesaid,  at  the  most  convenient  place  in  the 
counties  and  settlements  aforesaid,  and  to  nominate  a  proj)er  officer  or 
officers  to  ))reside  at  and  conduct  the  same,  and  to  return  to  him  the 
names  of  the  j^ersons  who  may  have  been  duly  elected. 

Sec.  ;").  A)id  In'  it  farther  enacted.  That  the  representatives  shall  be 
convened  by  the  governor  at  the  town  of  Xatclie/  on  the  fourth  Mon- 
day in  September  next.  ' 


2028  Mississippi—lSOO 

Sec.  0.  And  he  'it  furtlicr  < iiacfciU  That  so  soon  as  Iho  number  of 
free  male  inhal)itaii(s  of  full  age  sluill  amount  to  or  exceed  five  thou- 
sand, the  number  of  representatives  to  the  "cneral  asseml)ly  shall  be 
determined  and  the  apportionment  made  in  the  ^vay  prescribed  in  the 
ordinance. 

Sec.  7.  And  he  it  further  enacted^  That  nothing  in  this  act  shall  in 
any  respect  impair  the  right  of  the  State  of  (xeorgia  to  the  jurisdic- 
tion, or  of  the  said  State,  or  of  any  person  or  persons,  to  the  soil  of 
the  said  Territory;  but  the  rights  and  claims  of  the  said  State  and  all 
persons  interested  are  hereby  declared  to  be  as  firm  and  available  as 
if  this  act  had  never  been  made. 

Sec.  8.  And  he  it  further  enacted^  That  the  general  assembly  shall 
meet  at  least  once  in  every  year,  and  such  meeting  shall  be  on  the  first 
Monday  of  December,  unless  they  shall  by  law  appoint  a  ditlerent 
da}^ :  Provided^  That  the  governor  shall  have  power  on  extraordinary 
occasions  to  convene  the  general  assembh'. 

Sec.  9.  And  he  it  further  enacted.  That  neither  house,  during  the 
sesion  of  the  general  assembly,  shall,  Avithout  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  the  two  houses  shall  be  sitting. 

Sec.  10.  And  he  it  further  enacted^  That  it  shall  be  lawful  for  the 
commissioners  appointed,  or  who  may  hereafter  be  apj)ointed,  on  the 
part  of  the  United  States,  in  pursuance  of  the  act  intituled  ''An  act 
for  an  amicable  settlement  of  limits  with  the  State  of  Georgia,  and 
authorizing  the  establishment  of  a  government  in  the  Mississippi  Ter- 
ritory," or  any  two  of  them,  finally  to  settle,  by  compromise,  with  the 
commissioners  which  have  been  or  may  be  appointed  by  the  State  of 
(xeorgia,  any  claims  mentioned  in  said  act,  and  to  receive  in  behalf  of 
the  United  States  a  cession  of  any  lands  therein  mentioned,  or  of  the 
jurisdiction  thereof,  on  such  terms  as  to  them  shall  appear  reasonable. 
And,  also,  that  the  said  commissioners  on  the  part  of  the  Uniteol 
States,  or  any  tAvo  of  them,  be  authorized  to  inquire  into  the  claims 
which  are  or  shall  be  made  by  settlers,  or  an}'^  other  persons  Avhatso- 
ever,  to  any  part  of  the  aforesaid  lands,  and  to  receive  from  such  set- 
tlers and  claimants  any  propositions  of  compromise  Avhich  may  be 
made  by  them,  and  lay  a  full  statement  of  the  claims  and  the  proposi- 
tions which  may  be  made  to  them  by  the  settlers  or  claimants  to  any 
]iart  of  the  said  lands,  together  Avith  their  opinion  thereon,  before 
Congress,  for  their  decision  thereon,  as  soon  as  ma}^  be:  Prorided. 
That  the  settlement  shall  be  made  and  completed  before  the  fourth 
day  of  March,  one  thousand  eight  hundred  and  three:  And  prorided 
also,  That  the  said  commissioners  shall  not  contract  for  the  payment 
of  any  money  from  the  Treasury  of  the  United  States  to  the  State  of 
(leorgia,  other  than  the  proceeds  of  the  same  lands. 

Approved,  May  10,  1800. 


Mississippi— 1808-18 17  2029 


TERRITORIAL  GOVERNMENT  OF  MISSISSIPPI— 1808 

I'I'kntii  Concrkss,  First  Session  J 

An   Act  cxtoiKlin^'   the   ri,t,'lit   of  surfra,m'  in  the   .Mississiiipi   'I"cn'it<ir\ .   :iml   for 

other  purposes 

IJc  it  enacted  hij  the  Senate  and  House  of  Re presentntl res  of  the 
Ciiited  Statefi  of  Ameriea  in  Congress  assemhled^  That  every  free 
Avhite  male  i)erson  in  the  Mississippi  Territory  above  the  aire  of 
(woiity-one  years,  ha  vino;  been  a  citizen  of  the  United  States  and  resi- 
dent in  the  said  Territory  one  year  next  i)receding  an  ek'ction  of 
representatives,  and  Avho  has  a  legal  or  eqnitable  title  to  a  tract  of 
land  by  virtne  of  any  act  of  Congress  or  avIio  may  become  the  \)\\v- 
chaser  of  any  tract  of  land  from  the  United  States  of  the  quantity 
of  fifty  acres,  or  who  may  hold  in  his  own  right  a  town-lot  of  the 
Aahie  of  one  himdred  dollars  within  the  said  Territory,  shall  be 
eiilithMl  to  Aote  for  representatives  to  the  general  assembly  of  said 
Territory. 

Sfx'.  2.  And  he  it  furtJier  enacted.  That  the  general  assembly  of 
the  Territory  aforesaid  shall  have  power  to  apportion  the  represent- 
atives of  the  several  counties  therein,  or  which  may  hereafter  be 
established  therein,  according  to  the  ninnber  of  free'  white  male 
inhabitants  al)ove  the  age  of  twenty-one  years  in  such  counties:  Pvo- 
rided,  That  there  be  not  more  than  tAvelve  nor  less  than  ten  of  the 
whole  number  of  representatives,  any  act  or  acts  to  the  contrary  not- 
Avithstanding.  until  there  shall  be  six  thousand  free  male  white  inhab- 
itants of  full  age  in  said  Territory:  after  which  time  the  number  or 
representatives  shall  be  regulated  agreeably  to  the  ordinance  for  the 
government  thereof. 

Sec.  3.  And  he  it  further  enacted,  That  the  citizens  of  the  said  Ter- 
ritory entitled  to  vote  for  representatives  to  the  general  assembly 
thereof  shall,  at  the  time  of  electing  their  representatives  to  the  said 
general  assembly,  also  elect  one  Delegate  from  the  said  Tei'iMtorv  to 
the  Congress  of  the  ITnited  States,  who  shall  possess  the  same  powers 
heretofoiv  granted  to  tlu*  Delegates  from  the  several  Teri'itories  of 
the  United  States,  anything  in  the  ordinance  for  the  goveriunent  of 
said  Territory  to  the  conti-ary  notwithstanding. 

Al)]^roved.  January  9,  1808. 

ENABLING  ACT  FOR  MISSISSIPPI— 1817 
[Fourteenth  Conorkss.  Seioxd  Session] 

All  Acl  t(i  eii;ilil(>  llie  jieople  i>(  the  wesleni  p;iit  (if  tlie  .Mississiiipi  'I'crrili'r.N' 
to  fDi-iii  .1  <nnstitutioii  and  Stale  piveiMiiiieiit.  and  tnr  llie  atlniission  of  su<-li 
Stat(>  into  tlu>  rnion.  mi  an  e(|ual  footinir  with  the  ori^'inal  States. 

Be  it  enacted  hi/  f/ic  Senate  and  IIoa.se  of  Rejrresentatiee.s  of  the 
United  States  of  .  1  mcrica  in  Congress  assemhled.  That  the  inhabitants 
of  the  western  i)art  of  the  .\Iississi])pi  Territory  be,  and  they  herein- 
are.  authorized  to  foiui  foi-  themselves  a  constitution  and  State  gov- 
ernment, and  to  assume  such  name  as  they  shall  deem  proper;  and 


2030  Mississippi— 1817 

llic  said  State,  Avheu  I'ornu'd.  shall  be  adiiiillcd  iiilo  the  Union  upon 
the  same  footing  Avith  the  original  States,  in  all  res})ects  whatever. 

Sec.  2.  And  be  it  farther  enacted^  That  the  said  State  shall  consist 
of  all  the  territory  included  within  the  following  boinidaries,  to  wit: 
Beginning  on  the  river  Mississippi  at  the  point  where  the  southern 
boundary-line  of  the  State  of  Tennessee  strikes  the  same;  thence  east 
along  the  said  boundary-line  to  the  Tennessee  liiver;  thence  np  the 
same  to  the  mouth  of  Bear  Creek;  thence  by  a  direct  line  to  the  north- 
west corner  of  the  county  of  Washington;  thence  due  south  to  the 
Gulf  of  Mexico;  thence  westwardl}^  including  all  the  islands  within 
six  leagues  of  the  shore,  to  the  most  eastern  junction  of  Pearl  River 
Avith  Lake  Borgne ;  thence  np  said  river  to  the  thirty-first  degree  of 
north  latitude;  thence  west,  along  the  said  degree  of  latitude,  to  the 
Mississippi  Kiver;  thence  up  the  same  to  the  beginning. 

Sec.  3.  And  he  'it  furtlier  enacted^  That  all  free  Avhite  male  citizens 
of  the  United  States,  Avho  shall  haA'e  arrived  at  the  age  of  twenty- 
one  years,  and  resided  within  the  said  Territory  at  least  one  3'ear 
])revious  to  the  time  of  holding  the  election,  and  shall  have  paid  a 
county  or  territorial  tax,  and  all  persons  having  in  other  respects  the 
legal  qualifications  to  A^ote  for  representatiA'es  in  the  general  assembly 
of  the  Territory,  be,  and  they  are  hereby,  anthorized  to  choose  repre- 
sentatiA'es  to  form  a  convention,  ayIio  shall  be  apportioned  among  the 
seA'eral  counties  Avithin  the  said  Territory  as  foUoAVs,  to  Avit :  P'rom 
the  county  of  Warren,  tAvo  representatiA^es;  from  the  county  of  Clai- 
borne, four  representatives;  from  the  county  of  Jelferson,  four  repre- 
sentatives; from  the  county  of  Adams,  eight  representatives;  from 
the  county  of  Franklin,  tAvo  representatives;  from  the  county  of 
Wilkinson,  six  representatiA^es;  from  the  county  of  Amite,  six  repre- 
sentatiA'es;  from  the  county  of  Pike,  four  representatlA'es ;  from  the 
county  of  LaAArence,  Iavo  representatives;  from  the  county  of  Marion, 
tAvo  representatiA-es;  from  the  county  of  Hancock,  tAvo  represent  a  tiA'es: 
from  the  county  of  Wayne,  two  representatiA'es ;  from  the  county  of 
Greene,  tAvo  representatiA'es;  from  the  county  of  Jackson,  tAAo  repre- 
sentatiA'es;  and  the  election  of  the  representatiA-es  aforesaid  shall  be 
holden  on  the  first  Monday  and  Tuesday  in  June  next,  throughout 
the  seA'eral  counties  above  mentioned,  and  shall  be  conducted  in  the 
same  manner  as  is  prescribed  by  the  laAVs  of  said  Territory,  regu- 
lating elections  therein  for  members  of  the  house  of  representatiATs. 

Sec.  4.  And  he  it  further  enacted.  That  the  members  of  the  con- 
vention, thus  duly  elected,  be,  and  they  hereby  are.  authorized  to 
meet  at  the  toAvn  of  Washington,  on  the  first  ]Monday  of  July  next ; 
Avhich  conA'ention.  Avhen  met,  shall  first  determine,  by  a  majority  of 
the  Avhole  mnnber  elected.  Avhether  it  be.  or  be  not,  expedient  at  that 
time  to  form  a  constitntion  and  State  government  for  the  people 
Avithin  the  said  Territory;  and  if  it  be  determined  to  be  expedient, 
the  conA'ention  shall  be,  and  hereby  are,  authorized  to  form  a  consti- 
tution and  State  goA'ernment :  Prorided,  That  the  same,  Avhen  formed, 
shall  be  repnblican,  and  not  repugnant  to  the  principles  of  the  ordi- 
nance of  the  thirteenth  of  July,  one  thousand  seA'en  hundred  and 
eighty-scA-en,  betAveen  the  people  and  States  of  the  territory  nortliAvest 
of  the  riA^er  Ohio,  so  far  as  the  same  has  been  extended  to  the  said 
territory  by  the  articles  of  agreement  between  the  United  States  and 


Mississippi — IS  17  2031 

the  State  of  Georgia,  or  of  llu-  Conslilutioii  of  the  United  Slater: 
And  prorided  also,  lliat  the  said  convention  shall  provide.  l)y  an 
ordinance  irrevocable  without  the  consent  of  the  United  States,  that 
the  people  inhahilini;:  the  said  I'erritory  do  agree  and  declare  that 
they  forever  disclaim  all  right  oi'  title  to  the  Avaste  or  luiapijropriated 
lands  lying  ^vithin  the  said  Territory,  and  thist  the  same  shall  he  and 
j-emain  at  the  sole  and  entire  disposition  of  the  United  States;  and, 
moreover,  that  each  and  every  tract  of  land  sold  by  Congress  shall  be 
and  remain  exempt  from  any  tax  laid  by  the  order,  or  tnider  tlie 
a.itthority,  of  the  State,  Avhether  for  State,  county,  township,  parish, 
or  any  other  ptirpose  whatever,  for  the  term  of  Ave  years,  from  and 
after  the  respective  days  of  the  sales  thereof;  and  that  the  lands 
belonging  to  citizens  of  the  United  States,  residing  without  the  saicf 
State,  shall  never  be  taxed  higher  than  the  lands  belonging  to  per- 
sons residing  therein;  and  that  no  taxes  shall  be  imposed  on  lands, 
the  property  of  the  United  States;  and  that  the  river  Mississippi, 
and  the  naA'igable  rivers  and  waters  leading  into  the  same,  or  into 
the  (xitlf  of  Mexico,  shall  be  common  highways,  and  forever  free,  as 
well  to  the  inhabitants  of  the  said  State  as  to  other  citizens  of  the 
Ignited  States,  Avithont  any  tax.  duty,  impost,  or  toll  therefor,  im- 
j)osed  by  the  said  State. 

Si:c.  5.  And  he  it  further  enaeted.  That  five  per  cent,  of  the  net  pro- 
ceeds of  the  lands  lying  within  the  said  Territory,  and  which  shall 
be  sold  by  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-fifths  to  the  making  of  a  road  or 
roads  leading  to  the  said  State,  under  the  direction  of  Congress: 
Prorided.  That  the  application  of  such  proceeds  shall  not  be  made 
until  after  payment  is  com])leted  of  the  one  million  two  hundred  and 
fifty  thousand  dollars  due  to  the  State  of  Cieorgia,  in  consideration  of 
the  cession  to  the  Ignited  States,  nor  until  the  payment  of  all  the 
stock  Avhich  has  been  or  shall  be  created  by  the  act  entitled  "An  act 
providing  for  the  indemnification  of  certain  claimants  of  public  lands 
in  the  Mississippi  Territory,"  shall  b?  comj^leted :  And  prorided  also, 
That  the  said  five  per  cent,  shall  not  Ije  calculated  on  any  part  of  such 
proceeds  as  shall  be  applied  to  the  payment  of  the  one  million  two 
hundred  and  fifty  thousand  dollars  due  to  the  State  of  (xeorgia.  in 
consideration  of  the  cession  to  the  United  States,  or  in  payment  of 
the  stock  which  has  or  shall  be  created  by  the  act  entitled  "An  act 
providing  for  the  indenniification  of  certain  claimants  of  jiublic  lands 
in  the  Mississippi  Territory.*' 

Sec.  6.  And  he  it  farther  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  Representatives  of  the  United  States. 

Aj)pro\"ed.  March  1.  1817. 


20;i2  Mississippi— I  SI  7 


ADMISSION  OF  MISSISSIPPI  INTO  THE  UNION— 1817 

[Fifteenth  Congress,  First  Session] 
Resolution  for  the  iulniission  of  the  State  of  Mississi]»pi  into  tlu   Union 

Whereas,  in  pursuance  of  an  act  of  Congress  passed  on  the  first  day 
of  March,  one  thousand  eight  hinidred  and  seventeen,  entitled  "An 
act  to  enable  the  people  of  the  western  part  of  the  Mississippi  Ter- 
ritory 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,"  the  people  of  the  said  Territory  did,  on  the  fifteenth 
day  of  August,  in  the  present  year,  by  a  convention  called  for  that 
purpose,  form  for  themselves  a  constittition  and  State  government, 
which  constitution  and  State  government  so  formed  is  republican,  and 
in  conformity  to  the  principles  of  the  articles  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 — 

■ResoJred  hij  the  /Senate  and  Hoii.se  of  Uepreseidatices  of  the  United 
States  of  Amerk-a  in  Conr/ress  assemhled.  That  the  State  of  Missis- 
sippi 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  originrl  States,  in  all  respects  whatever. 

Approved,  December  10,  1817. 

CONSTITUTION  OF  MISSISSIPPI— 1817  *  « 

We,  the  representatives  of  the  people  inhabiting  the  western  part 
of  the  Mississippi  territory,  contained  within  the  following  limits, 
to  wit:  Begiiming  on  the  river  Mississippi,  at  the  point  where  the 
southern  boundary-line  of  the  State  of  Tennessee  strikes  the  same ; 
thence  east,  along  the  said  boundary-line,  to  the  Tennessee  River; 
thence  up  the  same  to  the  mouth  of  Bear  Creek ;  thence,  by  a  direct 
line,  to  the  northwest  corner  of  the  county  of  AVashington ;  thence  due 
south  to  the  (lulf  of  Mexico ;  thence  westwardly,  including  all  islands 
within  six  leagues  of  the  shore,  to  the  most  eastern  junction  of  Pearl 
River  with  Lake  Borgne;  thence  up  said  river  to  the  thirty-first 
degree  of  north  latitude;  thence  west,  along  the  said  degree  of  lati- 
tude, to  the  Mississippi  River;  thence  up  the  same  to  the  beginning, 
assembled  in  convention,  at  the  town  of  Washington,  on  Monday,  the 
f-eventh  day  of  July,  one  thousand  eight  hundred  and  seventeen,  in 
pursuance  of  an  act  of  Congress,  entitled  "An  act,  to  enable  the  people 
of  the  western  part  of  the  Mississippi  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 
secure  to  the  citizens  thereof  the  rights  of  life,  liberty,  and  property ; 

*  Verified  from  "  The  Constitution  and  Form  of  Government  for  the  State  of 
Mississippi  [Printed  l).v  Order  of  the  (ieneral  Assembly]  Natchez:  Printed  by 
Marscliallc  and  Evens  &  Co..  State  Printers.  1821."     .^2  pp. 

"This  constitution  was  framed  by  a  convention  which  met  at  the  town  of 
Washington  July  7.  1817.  and  completed  its  labors  August  15,  1817.  It  was 
submitted  to  the  people  and  ratified  at  a  special  election.  • 


Mississippi — 1817  2033 

tlo  ordain  and  ('stal)lisli  the  followino-  constitution  and  form  of  ^ov- 
ornniont.  and  do  nnitually  affrcc  with  each  other  to  form  ourselves 
into  a  free  and  indejK'ndent  State,  by  the  name  of  the  State  of  Missis- 
sippi. 

AjrricLE  I 

OKCr.AHATION"    OK    KICIITS 

That  the  general,  great,  and  essential  principles  of  liberty  and  free 
government  may  be  i-ecognized  and  established,  we  declare — 

Section  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,  from  the  com- 
munity, but  in  consideration  of  i)ublic  services. 

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

Sec.  3.  The  exercise  and  enjoyment  of  religious  ])rofession  and 
Avorship,  without  discrimination,  shall  forever  be  free  to  all  persons 
in  this  State:  Proridcd^  That  the  right  hereby  declared  and  estab- 
lished shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or 
justify  practices  inconsistent  with  the  peace  and  safety  of  this  State, 

Sec.  4.  No  preference  shall  ever  be  given  by  law  to  any  religious 
sect  or  mode  of  worship. 

Sec.  5.  That  no  person  shall  be  molested  for  his  opinions  on  any 
subject  whatever,  nor  suffer  any  civil  or  political  incapacity,  or  acquire 
any  civil  or  political  advantage,  in  consequence  of  such  ()i:)inions,  ex- 
cept in  cases  provichnl  for  in  this  constitution. 

Sec.  n.  Every  citi7,en  may  freely  speak,  write,  and  ])ublish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  that 
liberty. 

Sec.  7.  Xo  law  shall  ever  be  passed  to  curtail  or  i-estrain  the  lil)erty 
of  speech  or  of  the  press. 

Sec  8.  In  all  prosecutions  or  indictments  for  libels,  the  truth  may 
be  given  in  evidence;  and  the  jury  shall  have  the  right  to  determine 
the  law  and  the  facts,  under  the  direction  of  the  court. 

Sec.  0.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers,  and  possessions,  from  unreasonable  seizures  or  seai'ches;  and 
that  no  warrant  to  search  any  i)lace,  or  to  seize  any  ]:)erson  or  things, 
shall  issue  without  describing  them  as  nearly  as  may  ix*.  nor  withoiit 
])rol)able  cause,  supported  by  oath  or  affirmation. 

Sec.  10.  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;  to  be  confronted  by  the  witnesses  against  him;  to 
have  compulsory  process  foi-  obtaining  witnesses  in  his  favor:  and. 
in  all  ])rosecutions  by  indictment  or  information,  a  sp(>edy  ])ublic 
trial,  by  an  impartial  jury  of  the  county;  that  he  cannot  be  compelled 
to  give  evidence  against  himself,  nor  can  he  be  deprived  of  his  life, 
liberty,  or  property,  but  by  due  course  of  law. 

Sec.  1 1.  No  person  shall  be  accused,  arrested,  or  detained,  except  in 
cases  ascertained  by  law,  and  according  to  the  forms  which  the  same 
has  i)rescril)ed ;  and  no  ])erson  shall  be  ^lunished  but  in  vii'tue  of  a 
72.".:', — v( )  r,  : '. — ( )7 1 4 


2034  *       Mississippi — 1817 

law  established  and   ])r()nudgate(l   prior  to  tlic  offence,  and   legally 
applied. 

Sec.  12.  That  no  person  shall,  for  any  indictable  offence,  Ije  pro 
ceeded   against    criminally   by   information,  except   in   cases   arising 
in  the  land  or  naval  forces,  or  the  militia,  when  in  actnal  service,  or 
b}^  leave  of  the  conrt,  for  misdemeanor  in  office. 

Sec.  13.  No  person  shall,  for  the  same  offence,  be  twice  put  in  jeop- 
ardy of  life  or  limb,  nor  shall  any  person's  property  be  taken  or 
applied  to  public  use,  without  the  consent  of  his  representatives, 
and  without  just  compensation  being  made  therefor. 

Sec.  14.  That  all  courts  shall  be  open,  and  every  person  for  any 
injury  done  him  in  his  lands,  goods,  person,  or  reputation,  shall  haA^e 
remedy  b}^  due  course  of  law;  and  right  and  justice  administered 
without  sale,  denial,  or  delay. 

Sec.  15.  That  no  power  of  suspending  laws  shall  be  exercised 
except  by  the  legislature  or  its  authorit3\ 

Sec.  16.  That  excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  punishments  inflicted. 

Sec.  it.  That  all  prisoners  shall,  before  conviction,  be  bailable  by 
sufficient  securities,  except  for  capital  offences,  when  the  proof  is  evi- 
dent or  the  presumption  great ;  and  the  privilege  of  the  writ  of  habeas 
r-orpus  shall  not  be  suspended  unless  when,  in  case  of  rebellion  or 
invasion,  the  public  safety  may  require  it. 

Sec.  18.  That  the  person  of  a  debtor,  Avhere  there  is  not  strong  pre- 
sumption of  fraud,  shall  not  be  detained  in  prison  after  delivering 
up  his  estate  for  the  benefit  of  his  creditors,  in  such  manner  as  shall 
be  prescribed  by  hiAv. 

Sec.  19.  That  no  e.e  post  facto  laAv.  nor  hnv  impairing  the  obliga- 
tion of  a  contract,  shall  be  made. 

Sec.  20.  That  no  person  shall  be  attainted  of  treason  or  felony  by 
the  legislature. 

Sec.  21.  That  the  estates  of  suicides  shall  descend  or  vest  as  in 
cases  of  natural  death:  and  if  any  person  shall  be  killed  by  casualty, 
there  shall  be  no  forfeiture  by  reason  thereof. 

Sec.  22.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to 
assemble  together,  for  their  common  good,  and  to  apply  to  those 
invested  Avith  the  powers  of  government  for  redress  of  grievances 
or  other  ])roper  purposes,  by  petition,  address,  or  remonstrance. 

Sec.  23.  EA-ery  citizen  has  a  right  to  bear  arms,  in  defence  of  him- 
self and  the  State. 

Sec.  24.  No  standing  army  shall  be  kept  up,  Avithout  the  consent 
of  the  legislature;  and  the  military  shall,  in  all  cases  and  at  all  times, 
be  in  a  strict  subordination  to  the  civil  poAver. 

Sec.  25.  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  hiAv. 

Sec.  26.  That  no  hereditary  emoluments,  privileges,  or  honors 
shall  CA^er  be  granted  or  conferred  in  this  State. 

Sec.  27.  No  citizen  of  this  State  shall  be  exiled,  or  preA^ented  from 
emigrating,  on  any  pretence  Avhatever. 

Sec.  28.  The  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  29.  No  person  shall  be  debarred  from  ])rosecuting  or  defend- 
ing any  ciA'il  cause,  for  or  against  him  or  her  self,  before  any  tribunal 
in  this  State.  h\  him  or  her  self  or  counsel,  or  both. 


Mississ  ipj )  i — -1 817  2035 

CONtlAT.SIOX 

To  <2:uar(l  against  transgressions  of  the  high  powers  herein  dele- 
gated. Ave  declare  that  everything  in  this  article  is  excepted  out  of  the 
general  powers  of  government,  and  shall  forever  remain  inviolate; 
and  that  all  laws  contrary  thereto,  or  to  the  following  provisions,  shall 
be  void. 

Article  II 

DlSTIUHl  Tl()>     OF    I'(»WP:KS 

Section  1.  Ihe  powers  of  the  government  of  the  State  of  Mis- 
sissippi shall  be  divided  into  three  distinct  de])artments,  and  each 
of  them  confided  to  a  separate  body  of  magistracy,  to  Avit :  those 
Avhich  are  legislative,  to  one;  those  Avhich  are  execntiA'e.  to  another; 
and  those  which  are  judicial,  to  another. 

Sec.  '1.  No  person,  or  collection  of  persons,  being  of  one  of  those 
de])artments.  shall  exercise  any  power  j)r()perly  l)elonging  to  either 
of  the  others,  except  in  the  instances  hereinafter  expressly  directed 
or  permitted. 

Article  III 

LEGISLATIVE    DEPARTMENT 

Section  1.  Every  free  Avhite  male  person  of  the  age  of  twenty-(Mie 
years  or  upAvards.  Avho  shall  bo  a  citizen  of  the  United  States,  and 
shall  have  resided  in  this  State  one  year  next  preceding  an  election, 
nnd  the  last  six  months  within  the  county,  city,  or  toAvn  in  which  he 
offers  to  \()te.  and  shall  be  enrolled  in  the  militia  thereof,  except 
exenqited  l)y  hnv  from  military  service:  or.  having  the  aforesaid 
(jualifications  of  citizenship  and  residence,  shall  liaA'e  paid  a  State 
or  county  tax,  shall  be  deemed  a  qualified  elector.  But  no  elector  shall 
be  entitled  to  \<)te.  except  in  the  county,  city,  or  toAvn  (entitled  to 
separate  re])r('sentation)  in  whidi  lie  may  reside  at  the  time  of  the 
election. 

Sec.  2.  Electors  shall,  in  all  cases.  excei)t  in  those  of  treason,  fel- 
ony, or  breach  of  the  peace,  be  privileged  from  arrest  during  their 
attendance  at  elections,  and  in  going  to  and  returning  froui  the  sauie. 

Sec.  3.  The  first  election  shall  be  by  ballot,  and  all  futui'e  elections 
by  the  peo])le  shall  be  regulated  by  law. 

Sec.  4.  The  legislatiA'e  power  of  this  vState  shall  be  Aested  in  two 
distinct  branches;  the  one  to  be  styled  the  senate,  the  othei-  the  house 
of  representatives,  and  l)()tli  together.  "  the  general  assembly  of  the 
State  of  Mississippi.''  And  the  style  of  tlieii-  laws  shall  be  "I>(  if 
enacted  J>i/  the  fieiutte  and  Iioase  of  reprcsc/itat/rcs  of  the  State  of 
Missin.'iippi  in  (jeneiud  asse)nhhi  eon mied" 

Sec.  5.  The  members  of  the  liouse  of  representatives  shall  be  chosen 
by  the  qualified  electors,  and  shall  serve  for  the  tei'm  of  one  year  from 
the  day  of  the  commencement  of  the  general  election,  and  no  longer. 

Sec.  C).  The  repi'esentatives  shall  be  chosen  evei-y  year,  on  th(^  fii'st 
Monday  and  the  day  folloAviug  in  August. 

Sec.  T.  No  j)ers()n  shall  b(>  a  i'e])resentative  uuless  he  be  a  citizen 
of  the  I"^nite(l  States  and  shall  have  l)een  an  inhabitant  of  this  State 
tAvo  years  next  ])receding  his  election,  and   the  last  year  thereof  a 


2036  Mi8sissij>pi—lS17 

resident  of  the  county,  city,  or  toAvn  for  Avhicli  he  shall  be  chosen, 
and  shall  have  attained  to  the  age  of  twenty-two  years;  and  also, 
unless  he  shall  hold,  in  his  own  right,  within  this  State,  one  hundred 
and  fifty  acres  of  land,  or  an  interest  in  real  estate  of  the  value  of 
five  hundred  dollars,  at  the  time  of  his  election,  and  for  six  months 
previous  thereto. 

Sec.  8.  Elections  for  representatives  for  the  several  counties  shall 
be  held  at  the  places  of  holding  their  respective  courts,  or  in  the  sev- 
eral election  districts  into  which  the  legislature  may  divide  any 
county:  Provided,  That  when  it  shall  appear  to  the  legislature  that 
any  city  or  toAvn  hath  a  number  of  free  white  inhabitants  equal  to  the 
ratio  then  fixed,  such  city  or  town  shall  have  a  separate  representation, 
according  to  the  number  of  free  white  inhal)itants  therein,  which  shall 
be  retained  so  long  as  such  city  or  town  shall  contain  a  numl)er  of  free 
white  inhabitants  equal  to  the  existing  ratio;  and  thereafter,  and 
during  the  existence  of  the  right  of  separate  representation  in  such 
city  or  town,  elections  for  the  county  in  which  such  city  or  town 
entitled  to  a  separate  representation  is  situated  shall  not  be  held  in 
such  city  or  town:  And  provided,  That  if  the  residuum  or  fraction 
of  any  city  or  town  entitled  to  separate  representation  shall,  when 
added  to  the  residuum  in  the  county  in  which  it  may  lie,  be  equal  to 
the  ratio  fixed  by  law  for  one  representative,  then  the  aforesaid 
county,  city,  or  town  having  the  largest  residuum  shall  be  entitled 
to  such  representation:  And  provided  also.  That  when  there  are  two 
or  more  counties  adjoining,  which  have  residuums  over  and  above  the 
I'atio  then  fixed  by  law,  if  said  residuums,  when  added  together,  will 
amount  to  such  ratio,  in  that  case  one  reiDresentative  shall  be  added  to 
that  county  having  the  largest  residuum. 

Sec.  9.  The  general  assembly  shall,  at  their  first  meeting,  and  in  the 
year  one  thousand  eight  hundred  and  twenty,  and  in  not  less  than 
every  three  nor  more  than  every  five  years  thereafter,  cause  an  enu- 
meration to  be  made  of  all  the  free  white  inhabitants  of  the  State; 
and  the  whole  number  of  representatives  shall,  at  the  several  periods 
of  making  such  enumeration,  be  fixed  by  the  general  assembly,  and 
apportioned  among  the  several  counties,  cities,  or  towns  entitled  to 
separate  representation  according  to  the  number  of  free  white  inhabi- 
tants in  each ;  and  shall  not  be  less  than  twenty-four,  nor  greater 
than  thirty-six.  until  the  number  of  free  white  inhabitants  shall  be 
eighty  thousand ;  and  after  that  event,  at  such  ratio  that  the  Avhole 
number  of  representatives  shall  never  be  less  than  thirty-six  nor  more 
tluin  one  hundred:  Provided,  however.  That  each  county  shall  always 
be  entitled  to  at  least  one  representative. 

Sec.  10.  The  whole  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  districts  to  be  estab- 
lished by  law,  according  to  the  number  of  free  white  taxable  inhabi- 
tants in  each,  and  shall  never  be  less  than  one-fourth  nor  more  than 
one-third  of  the  whole  number  of  representatives. 

Sec.  11.  The  senators  shall  be  chosen  by  the  qualified  electors  for 
three  3^ears;  and.  on  their  being  convened  in  consequence  of  the  first 
election,  they  shall  be  divided  by  lot,  from  their  respective  districts, 
into  three  classes,  as  nearly  equal  as  can  be.  The  seats  of  the  senators 
of  the  first  class  shall  be  vacated  at  the  ex])iration  of  the  first  year; 


Mississii>/,i—1817  2087 

and  of  tlic  second  class,  al  the  ('.\i)irat ion  of  tlic  second  year:  and  of 
the  thii'd  class,  at  the  expiration  of  the  third  year:  so  that  one-third 
thereof  ma}'  be  aimally  chosen  thereafter. 

Sec.  12.  Such  mode  of  chissifving  new  additional  senators  shall  be 
observed  as  will,  as  nearly  as  possible,  preserve  an  equality  of  mnnbers 
in  each  class. 

Sec.  i;i.  When  a  senatorial  district  shall  be  composed  of  two  or 
more  counties,  it  shall  not  be  entirely  separated  by  any  county  be- 
lonijing  to  another  district;  and  no  county  shall  be  divided  in  form- 
ing a  district. 

Sec.  14.  No  person  shall  be  a  senator  unless  ho  be  a  citizen  of  the 
United  States,  and  shall  have  been  an  inhabitant  of  this  State  four 
years  next  preceding  his  election,  and  the  last  year  thereof  a  resident 
of  the  district  for  which  he  shall  be  chosen,  and  shall  have  attained 
to  the  age  of  twenty-six  years;  and  also,  unless  he  shall  hold,  in  his 
OAvn  right,  within  this  State,  three  hundred  acres  of  land,  or  an  inter- 
est in  real  estate  of  the  value  of  one  thousand  dollars,  at  the  time  of 
his  election,  and  for  six  months  previous  thereto. 

Sec.  IT).  The  house  of  representatives,  when  assembled,  shall  choose 
a  speaker  and  its  other  officers;  and  the  senate  shall  choose  its  officers, 
except  the  i^resident;  and  each  house  shall  judge  of  the  qualifications 
and  elections  of  its  own  members;  but  a  contested  election  shall  be 
determined  in  such  manner  as  shall  be  directed  by  law.  A  majority 
of  each  house  shall  constitute  a  quorum  to  do  business;  but  a  smaller 
nnmber  may  adjourn  from  day  to  day,  and  may  compel  the  attendance 
of  absent  members  in  such  manner  and  under  such  ])enalties  as  each 
house  may  provide. 

Sec.  10.  P2ach  house  may  deternune  the  rules  of  its  own  proceed- 
ings, punish  members  for  disorderly  behavior,  and,  with  the  consent 
of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the  same 
cause,  and  shall  have  all  other  powers  necessary  for  a  branch  of  the 
legislature  of  a  free  and  independent  State. 

Sec.  it.  Each  house  shall  kee])  a  journal  of  its  ]:)roceediugs,  and 
publish  the  same,  excepting  such  ])arts  as  in  its  judgment  may  re- 
quire secrecy;  and  the  yeas  and  nays  of  the  members  of  either  house, 
on  any  (juestion,  shall,  at  the  desire  of  any  three  members  present,  be 
entered  on  the  journals. 

Sec.  18.  AYhen  vacancies  happen  in  either  house,  the  governor,  or  the 
person  exercising  the  powei-s  of  the  governor,  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies. 

Sec.  v.).  Senators  and  representatives  shall  in  all  cases,  except  of 
treason,  felony,  or  breach  of  the  ])eace,  1)0  i)rivileged  from  arrest  dur- 
ing the  session  of  the  general  assembly,  and  in  going  to  and  returning 
from  the  same;  allowing  one  day  for  every  twenty  miles,  such  member 
may  reside  from  the  i)lace  at  which  the  general  assembly  is  convened. 

Sec.  20.  Each  house  may  punish  by  imprisonment,  during  the  ses- 
sion, any  person,  not  a  member,  for  disrespectful  or  disorderly  be- 
havior in  its  presence,  oi"  for  obstructing  any  of  its  proceedings: 
Provided.,  Such  imprisonment  shall  not  at  any  one  time  exceed  forty- 
eight  hours. 

Sec.  21.  The  doors  of  each  house  shall  l)o  open,  except  on  such 
occasions  as,  in  tlu^  oj)inion  of  the  house,  may  require  secrecy. 


2038  Mississippi— 1817 

Sec  22,  Xeithcr  house  shall,  without  the  consent  of  the  other, 
ndjourn  for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  they  may  be  sitting. 

Sec.  23.  Bills  may  originate  in  either  house,  and  be  amended, 
altered,  or  rejected  by  the  other;  but  no  bill  shall  have  the  force  of  a 
law  until,  on  three  several  days,  it  be  read  in  each  house,  and  free 
discussion  be  allowed  thereon,  unless,  in  cases  of  urgency,  four-fifths 
of  the  house  in  which  the  bill  shall  be  depending  ma}^  deem  it  expe- 
dient to  dispense  with  this  rule;  and  every  bill  having  passed  both 
houses  shall  be  signed  by  the  speaker  and  j^resident  of  their  respective 
houses. 

Sec.  24.  All  bills  for  raising  revenue  shall  originate  in  the  house 
of  representatives,  but  the  senate  mav  amend  or  reject  them  as  other 
bills. 

Sec.  25.  Each  member  of  the  general  assembly  shall  receive  from 
the  public  treasury  a  compensation  for  his  services  which  may  be 
increased  or  diminished  by  law;  but  no  increase  of  compensation  shall 
take  eli'ect  during  the  session  at  which  such  increase  shall  have  been 
made. 

Sec.  2G.  Xo  senator  or  representative  shall,  during  the  term  for 
which  he  shall  have  been  elected,  nor  for  one  year  thereafter,  be 
appointed  to  any  civil  office  of  profit  under  this  State  which  shall 
have  been  created,  or  the  emoluments  of  which  shall  have  been  in- 
creased, during  such  term ;  except  such  offices  as  may  be  filled  by  elec- 
tions by  the  people;  and  no  member  of  either  house  of  the  general 
assembly  shall,  after  the  commencement  of  the  first  session  of  the 
legislature  after  his  election  and  during  the  remainder  of  the  term 
for  which  he  is  elected,  be  eligible  to  any  office  or  place  the  a^Dpoint- 
ment  to  which  may  be  made  in  Avhole  or  in  part  l)y  either  branch  of 
the  general  assembly. 

Sec.  27.  Xo  judge  of  any  court  of  law  or  equity,  secretary  of  state, 
attorney-general,  clerk  of  any  court  of  record,  sheriff,  or  collector,  or 
any  person  holding  a  lucrative  office  under  the  United  States  (the 
office  of  postmaster  excepted)  or  this  State  shall  be  eligible  to  the 
general  assembly:  Providech  That  officers  in  the  militia,  to  which 
there  is  attached  no  annual  salary,  or  the  office  of  justice  of  the  peace, 
or  of  the  quorum,  shall  not  be  deemed  lucrative. 

Sec.  28.  Xo  person  Avho  hath  heretofore  been,  or  hereafter  may  be, 
a  collector  or  holder  of  public  moneys  shall  have  a  seat  in  either  house 
of  the  general  assembly,  until  such  person  shall  have  accounted  for 
and  paid  into  the  treasury  all  sums  for  Avhich  he  may  be  accountable. 

Sec.  29.  The  first  election  for  senators  and  representatives  shall  be 
general  throughout  the  State,  and  shall  be  held  on  the  first  Monday 
and  Tuesday  in  September  next ;  and  thereafter  there  shall  be  an 
annual  election  for  senators  to  fill  the  places  of  those  whose  lerm  of 
service  may  have  expired. 

Sec.  30.  The  first  session  of  the  general  assembly  shall  commence  on 
the  first  ISIonday  in  October  next,  and  be  held  at  the  city  of  Xatchez, 
and  thereafter  at  such  place  as  may  be  directed  by  law;  and  there- 
after the  general  assembly  shall  meet  on  the  first  Monday  in  Xovem- 
ber  in  every  year,  and  at  no  other  period,  unless  directed  by  law,  or 
provided  for  by  this  constitution. 


Mississippi— 1817  2039 

Article  IV 

EXECUTIVE    DEPARTMEXT 

Section  1.  The  supreme  executive  power  of  this  State  shall  be 
vested  in  a  governor,  who  shall  l)e  elected  by  the  qualified  electors, 
and  shall  hold  his  office  for  two  years  from  the  time  of  his  installation, 
and  until  his  successor  be  duly  qualified. 

Sec  2.  The  returns  of  every  election  for  governor  shall  be  sealed 
up  and  transmitted  to  the  seat  of  government,  directed  to  the  secre- 
tary of  State,  who  shall  deliver  them  to  the  speaker  of  the  house  of 
representatives,  at  the  next  ensuing  session  of  the  general  assembly, 
during  the  first  week  of  which  sessicm  the  said  speaker  shall  open  and 
publish  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  ballot  of  both  houses. 

Contested  elections  for  governor  shall  be  determined  by  both  houses 
of  the  general  assend)ly,  in  such  manner  as  shall  be  i)rescribed  by  law. 

Sec.  3.  The  goA'ernor  shall  be  at  least  thirty  years  of  age,  shall  have 
been  a  citizen  of  the  United  States  for  twenty  years,  shall  have  re- 
sided in  this  State  at  least  five  years  next  preceding  the  day  of  his 
election,  and  shall  be  seized  in  his  own  right  of  a  freehold  estate  of 
six  hundred  acres  of  land,  or  of  real  estate  of  the  value  of  two 
thousand  dollars,  at  the  time  of  his  election  and  twelve  months  pre- 
vious thereto. 

Sec.  4.  He  shall  at  stated  times  receive  a  compensation  for  his 
services,  which  shall  not  be  increased  or  diminished  (hu-ing  the  term 
for  which  he  shall  have  been  elected. 

Sec.  5.  He  shall  be  connnander-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.  G.  He  may  require  information,  in  writing,  from  the  officers 
in  the  executive  department  on  any  subject  relating  to  the  (bities  of 
their  respective  offices. 

Sec.  T.  He  may,  on  extraordinary  occasions,  convene  the  general 
asseuibly  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  from  contagious  disorders,  and  in  case  of  disagreement  between  the 
two  houses,  Avith  respect  to  the  time  of  adjournment,  adjourn  them  to 
such  time  as  he  shall  think  projier,  not  beyond  the  day  of  tlie  next 
annual  meeting  of  the  general  assembly. 

Sec.  8.  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  shall  deem  ex])edient. 

Sec.  0.  He  shall  take  care  that  the  laws  be  faithfidly  executed. 

Sec.  10.  In  all  criminal  and  penal  cases,  excei)t  in  those  of  tn^ason 
and  impeachment,  he  shall  have  })ower  to  grant  reprieves  and  pardons 
and  remit  fines  and  forfeitures,  under  such  rules  and  regulations  as 
shall  be  prescribed  by  law.  In  cases  of  treason  he  shall  have  power 
to  grant  rei)rieves  and  pardons,  by  and  with  the  advice  and  consent 
of  the  senate,  but  may  i-esj)ite  the  sentence  until  the  end  of  the  next 
session  of  the  general  assemblv. 


2040  ^  liss  iss  ippi—  IS  17 

Sec.  11.  All  coinmissioiis  shall  he  in  the  iiaiiie  and  by  the  authority 
of  the  State  of  Mississippi,  l)e  sealed  with  the  State  seal,  and  si<rned 
by  the  governor,  and  attested  by  the  secretary  of  state. 

Sec.  1'2.  There  shall  be  a  seal  of  this  State,  which  shall  be  ke])t  l)y 
the  governor,  and  used  by  him  officially,  and  shall  be  called  the  great 
seal  of  the  State  of  Mississippi. 

Sec.  13.  When  a  vacancy  shall  hapi^en  in  any  office  during  the 
recess  of  the  general  assembly,  the  governor  shall  have  power  to  fill 
the  same,  by  granting  a  commission,  Avhich  shall  expire  at  the  end  of 
the  next  session  of  the  general  assembly,  except  in  cases  otherwise 
directed  by  this  constitution. 

Sec.  14.  A  secretary  of  state  shall  be  appointed,  who  shall  continue 
in  office  during  the  term  of  two  years.  He  ^hall  keej:)  a  fair  register 
of  all  the  official  acts  and  proceedings  of  the  governor,  and  shall,  »vhen 
required,  lay  the  same,  and  all  papers,  minutes,  and  vouchers  relative 
thereto,  before  the  general  assemblj'^,  and  shall  perform  such  oth^r 
duties  as  may  be  required  of  him  by  law. 

Sec.  15.  Every  bill  which  shall  have  passed  both  houses  of  the  gen- 
eral assembly  shall  be  presented  to  the  governor;  if  he  approve  he 
shall  sign  it,  but  if  not  he  shall  return  it,  Avitli  his  objections,  to  the 
house  in  which  it  shall  have  originated,  who  shall  enter  the  objections 
at  large  upon  the  journals  and  jjroceed  to  reconsider  it;  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  it 
shall  likewise  be  reconsidered;  if  approved  by  two-thirds  of  that 
house  it  shall  become  a  law ;  but  in  such  cases  the  votes  of  Ijoth  houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  the  members 
voting  for  and  against  the  bill  shall  be  entered  on  the  journals  of  each 
house  respectivel3\  If  any  bill  shall  not  be  returned  by  the  governor 
within  six  days  (Sundays  excepted)  after  it  shall  have  been  presented 
to  him,  the  same  shall  be  a  law,  in  like  manner  as  if  he  had  signed  it, 
unless  the  general  assembly,  by  their  adjournment,  prevent  its  return, 
in  wdiich  case  it  shall  not  be  a  law. 

Sec.  1G.  Every  order,  resolution,  or  vote,  to  which  the  concurrence 
of  both  houses  may  be  necessary,  except  on  questions  of  adjournment, 
shall  be  presented  to  the  governor,  and  before  it  shall  take  effect  be 
approved  by  him,  or,  being  disapproved,  shall  be  repassed  by  both 
houses,  according  to  the  rules  and  limitations  prescribed  in  case  of  a 
bill. 

Sec.  17.  The  appointment  of  all  officers,  not  otherwise  directed  by 
this  constitution,  shall  be  by  the  joint  vote  of  both  houses  of  the  gen- 
eral assembly ;  the  votes  shall  be  given  oiva  voce^  and  recorded  in  the 
public  journal  of  each  house:  Provided.,  That  the  general  assembly  be 
authorized  to  provide  by  hnv  for  the  appointment  of  all  inspectors, 
collectors,  and  their  deputies,  surveyors  of  highways,  constables,  and 
such  other  inferior  officers,  Avhose  jurisdiction  nuiy  be  confined  within 
the  limits  of  the  county. 

Sec.  18.  There  shall  be  also  a  lieutenant-governor,  who  shall  bt' 
chosen  at  every  election  for  a  governor,  by  the  same  persons,  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-jiovernor. 


Mississippi— 1817  2041 

Sec.  19.  The  lieuteuaiit-^iovoi-nor  >liall.  \>y  virtue  of  his  oflfico,  Ix- 
president  of  the  senate,  and  have,  when  in  c-ommittec  of  th(>  \vli()U\  a 
right  to  debate  and  vote  on  all  questions,  and.  when  the  senate  is 
equally  divided,  to  give  the  casting  vote. 

Sec.  20.  In  case  of  the  death,  resignation,  refusal  to  serve,  or 
removal  from  office  of  the  governor,  or  of  his  impeachment  or  absence 
from  the  State,  the  lieutenant-governor  shall  exercise  the  i)owers  and 
authority  appertaining  to  the  office  of  governor,  until  another  be 
chosen  at  the  next  periodical  election  for  governor,  and  be  duly  (]uali- 
fied;  or  until  the  governor  impeached  or  absent  shall  be  ac(|uitted 
or  return. 

Sec.  21.  Whenever  the  government  shall  be  administered  by  the 
lieutenant-governor,  or  he  shall  be  unable  to  attend  as  president  of 
the  senate,  the  senate  shall  elect  one  of  their  own  members  as  president 
pro  tempore. 

And  if,  during  the  vacancy  of  the  office  of  governor,  the  lieutenant- 
governor  shall  die,  resign,  refuse  to  serve,  or  be  i-emoved  from  office ; 
or  if  he  shall  be  impeached,  or  absent  from  the  State,  the  president 
of  the  senate  pro  tempore  shall,  in  like  manner,  administer  the  gov- 
ernment, until  he  shall  be  superseded  by  a  governor  or  lieutenant- 
governor.  The  lieutenant-governor  shall,  whilst  he  acts  as  president 
of  the  senate,  receive  for  his  service  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,  shall  receive  the  same  compensation 
Avhich  the  governor  would  have  received  had  he  been  emi)loved  in  the 
duties  of  his  office,  and  no  more. 

Sec.  22.  The  president  pro  tempore  of  the  senate  shall,  during  the 
time  he  administers  the  government,  receive,  in  like  manner,  the 
same  comjiensation  which  the  governor  would  have  received  had  he 
been  employed  in  the  duties  of  his  office,  and  no  more. 

Sec.  23.  If  the  lieutenant-governor  shall  be  required  to  administer 
the  government,  and  shall,  whilst  in  such  administration,  die,  i-esign, 
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  })resident  pro 
tempore. 

Sec.  24.  A  sheriff,  and  one  or  more  coroners,  shall  be  elected  in 
each  county  by  the  qualified  electors  thereof,  who  shall  hold  their 
offices  for  two  years,  unless  sooner  removed. 

Sec.  2").  A  State  treasurer  and  an  auditoi-  of  ])ublic  accounts  shall 
be  annually  ai)pointed. 

MILITIA 

Section  1.  The  general  asseml)ly  shall  provide  by  law  foi-  organ- 
izing and  disciplining  the  militia  of  this  State,  in  such  manner  as 
they  shall  deem  expedient,  not  incompatible  with  the  Constitution 
and  laws  of  the  United  States,  in  relation  thereto. 

Sec.  2.  Officers  of  the  militia  shall  be  elected  or  appoiiitccl  in  -lu  h 
manner  as  the  legislature  shall  from  time  to  time  diicct.  and  shall  be 
commissioned  by  the  governor. 

Sec.  ?y.  Those  persons  who  conscientiously  scrui)le  to  bear  arms 
shall  not  be  compelled  to  do  so,  but  shall  pay  an  equivalent  for  per- 
sonal service. 


2042  Mississippi— iS  17 

Sec.  4.  The  governor  shall  have  j^ower  to  call  forth  the  militia  to 
execute  the  laws  of  the  State,  to  suppress  insurrections,  and  repel 
invasions. 

Article  V 

JUDICIAL    DKPARTMENT 

Section  1.  The  judicial  power  of  this  State  shall  be  vested  in  one 
supreme  court,  and  such  superior  and  inferior  courts  of  law  and 
equity  as  the  legislature  may,  from  time  to  time,  direct  and  establish. 

Sec.  2.  There  shall  be  appointed  in  this  State  not  less  than  four 
nor  more  than  eight  judges  of  the  supreme  and  superior  courts,  Avho 
shall  receive  for  their  services  a  compensation  which  shall  be  fixed  by 
law,  and  shall  not  be  diminished  during  their  continuance  in  office: 
Provided^  That  the  judge  whose  decision  is  under  consideration  in 
the  supreme  court  shall  not  constitute  one  of  the  court  to  determine 
the  question  on  such  decision;  but  it  shall  be  the  duty  of  such  judge 
to  report  to  the  supreme  court  the  reasons  upon  which  his  opinion 
was  founded. 

Sec.  3.  The  State  shall  be  divided  into  convenient  districts,  and 
each  district  shall  contain  not  less  than  three  nor  more  than  six 
counties.  For  each  district  there  shall  be  appointed  a  judge,  who 
shall,  after  his  a])pointment,  reside  in  the  district  for  which  he  is 
appointed. 

Sec.  4.  The  superior  court  shall  have  original  jurisdiction  in  all 
matters,  civil  and  criminal,  within  this  State :  but  in  civil  cases,  only 
where  the  matter  or  sum  in  controversy  exceeds  fifty  dollars. 

Sec.  5.  A  superior  court  shall  be  held  in  each  county  in  the  State  at 
least  twice  in  every  year.  The  judges  of  the  several  superior  courts 
may  hold  courts  for  each  other  when  they  may  deem  it  expedient,  or 
as  they  may  be  directed  by  law. 

Sec.  6.  The  legislature  shall  have  power  to  establish  a  court  or 
courts  of  chancery,  with  exclusive  original  equity  jurisdiction;  and, 
until  the  establishment  of  such  court  or  courts,  the  said  jurisdiction 
shall  be  vested  in  the  superior  courts  respectively. 

Sec.  7.  The  legislature  shall  have  power  to  establish  in  each  county 
within  this  State  a  court  of  probate  for  the  granting  of  letters  testa- 
mentary, and  of  administration,  or  orphans'  business,  for  county 
police,  and  for  the  trial  of  slaves. 

Sec.  8.  A  competent  number  of  justices  of  the  peace  shall  be  ap- 
pointed in  and  for  each  county,  in  such  mode,  and  for  such  term  of 
office,  as  the  legislature  shall  direct.  Their  jurisdiction,  in  civil  cases, 
shall  be  limited  to  causes  in  which  the  amount  in  controversy  shall 
not  exceed  fifty  dollars.  And  in  all  cases  tried  by  a  justice  of  the 
peace,  right  of  appeal  shall  be  secured,  under  such  rules  and  regula- 
tions as  shall  be  prescribed  by  law. 

Sec.  0.  The  judges  of  the  several  courts  of  this  State  shall  hold 
their  offices  during  good  behavior.  And  for  wilful  neglect  of  duty, 
or  other  reasonable  cause,  which  shall  not  be  sufficient  ground  for  an 
impeachment,  the  governor  shall  remove  any  of  them  on  the  address 
of  two-thirds  of  each  house  of  the  general  assembly:  Provided,  how- 
ever^ That  the  cause  or  causes  for  Avhich  such  removal  shall  be  re- 
quired shall  be  stated  at  length  in  such  address,  and  on  the  journals  of 


Mississippi — 1817  2043 

each  house:  And  provided  further.  That  the  judge  so  intendcHl  to  be 
removed  shall  be  notified,  and  admitted  to  a  hearin<;  in  his  own 
defence,  before  any  vote  for  such  address  shall  pass. 

Sec.  10.  Xo  person  avIio  shall  have  arrived  at  the  age  of  sixty-five 
years  shall  be  appointed  to,  or  continue  in,  the  office  of  judge  in  this 
State. 

Sec.  11.  Each  court  shall  appoint  its  own  clerk,  who  shall  hold  his 
office  during  good  behavior,  l)ut  shall  be  removable  therefrom  for 
neglect  of  duty,  or  misdemeanor  in  office,  by  the  supreme  court,  which 
court  shall  determine  both  the  law  and  the  fact:  Proridcd,  That  the 
clerk  so  appointed  shall  have  been  a  resident  of  the  county  in  which 
he  is  clerk  at  least  six  months  previous  to  his  appointment. 

Sec.  12.  The  judges  of  the  supreme  and  superior  court  shall,  by  vir- 
tue of  their  offices,  be  conservators  of  the  peace  throughout  the  State. 

Sec.  13.  The  style  of  all  process  shall  be,  ''  The  State  of  ]^Iissis- 
sippi,"  and  all  prosecution  shall  be  carried  on  in  the  name  and  by  the 
authority  of  "  the  State  of  ^Mississippi,"  and  shall  conclude,  '"  against 
the  i^eace  and  dignity  of  the  same." 

Sec.  14.  There  shall  be  an  attorney-general  for  the  State,  and  as 
many  district  attorneys  as  the  general  assembly  may  deem  necessary, 
who  shall  hold  their  offices  for  the  term  of  four  years,  and  shall 
receive  for  their  services  a  compensation,  which  shall  not  be  dimin- 
ished during  their  continuance  in  office. 

impeachments 

Secttox  1.  The  house  of  I'cpivscntativcs  shall  lunc  tlie  sole  power 
of  im])eaching. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  senate:  when  sitting 
for  that  purpose  the  senators  shall  be  on  oath  or  affirmation.  Xo  per- 
son shall  be  convicted  Avithout  the  concurrence  of  two-thirds  of  the 
members  present. 

Sec.  3.  The  governor  and  civil  officers  shall  be  liable  to  impeach- 
ment for  any  misdemeanor  in  office:  but  judgment  in  such  cases  shall 
not  extend  further  tlian  to  removal  from  office,  and  dis(inaliHcati()n  to 
hold  any  office  of  honor,  trust,  or  jii'ofit  under  this  State:  but  the 
party  convicted  shall,  nevei'tludess.  be  liable  and  subjcH-t  to  indictment, 
trial,  and  piniislnnent.  according  to  law.  as  in  other  cases. 

AhticM':  VT 
(ienehai.  provisions 

Section  1.  Members  of  the  general  assembly  and  all  officers,  execu- 
tive', and  jiulicial,  before  they  enter  on  the  execution  of  their  resj)ective 
offices,  shall  take  the  following  oath  or  affirmation,  to  wit:  ''I  sol- 
emidy  swear  (or  aflirm,  as  the  case  may  be)  that  I  will  support  the 
Constitution  of  the  United  States,  and  the  constitution  of  tlu'  State 
of  Mississipjii,  so  long  as  I  continue  a  citizen  thereof,  and  that  1  will 
faithfully  discharge,  to  the  best  of  my  abilities,  the  duties  of  the 
office  of ,  according  to  law :  So  help  me  God." 

Sec.  2.  The  general  assembly  shall  have  power  to  pass  such  penal 
laws  to  suppress  the  evil  practice  of  duelling,  extending  to  disciuaiili- 
catiou  from  office  or  the  tenure  thereof,  as  they  may  deem  expedieut. 


2044  Mississippi — 1817 

Sec.  ;>.  Treason  against,  the  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
A\)  25erson  shall  be  convicted  of  treason  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  his  own  confession  in  open 
court. 

Sec.  4.  Every  person  shall  be  disqualified  from  holding  an  office  or 
place  of  honor  or  profit,  under  the  authority  of  this  State,  who  shall 
be  convicted  of  having  given  or  offered  any  bribe  to  procure  his 
election. 

Sec.  5.  Laws  shall  be  made  to  exclude  from  office,  and  from  suf- 
frage, those  who  shall  thereafter  be  convicted  of  bribery,  perjury, 
forgery,  or  other  high  crimes  or  misdemeanors.  The  privilege  of  free 
suffrage  shall  be  supported  by  laws  regulating  elections,  and  pro- 
hibiting, under  adequate  penalties,  all  undue  influence  thereon,  from 
power,  bribery,  tumult,  or  other  improper  conduct. 

Sec.  G.  No  person  who  denies  the  being  of  God  or  a  future  state  of 
rewards  and  punishments  shall  hold  any  office  in  the  civil  department 
of  this  State. 

Sec.  T.  Ministers  of  the  gospel  being,  by  their  profession,  dedicated 
to  God  and  the  care  of  souls,  ought  not  to  be  diverted  from  the  great 
duties  of  their  functions:  therefore,  no  minister  of  the  gospel,  or 
priest  of  any  denomination  whatever,  shall  be  eligible  to  the  office  of 
governor,  lieutenant-governor,  or  to  a  seat  in  either  branch  of  the 
general  assembly. 

Sec.  8.  No  money  shall  be  drawn  from  the  treasury',  but  in  conse- 
quence of  an  appropriation  made  by  law,  nor  shall  any  appropriation 
of  money,  for  the  support  of  an  army,  be  made  for  a  longer  term  than 
one  year;  and  a  regular  statement  and  account  of  the  receipts  and 
expenditures  of  all  public  money  shall  be  published  annually. 

Sec.  9.  No  bank  shall  be  incorporated  by  the  legislature  without 
the  reservation  of  a  right  to  subscribe  for,  in  behalf  of  the  State,  at 
least  one-fourth  part  of  the  capital  stock  thereof,  and  the  appoint- 
ment of  a  proportion  of  the  directors  equal  to  the  stock  subscribed  for. 

Sec.  10.  The  general  assembly  shall  pass  no  law  impairing  the 
obligation  of  contracts,  prior  to  the  year  one  thousand  eight  hundred 
and  twenty-one,  on  account  of  the  rate  of  interest,  fairly  agreed  on  in 
writing  between  the  contracting  parties,  for  a  hona-fde  loan  of 
money;  but  they  shall  have  powder  to  regulate  the  rate  of  interest 
where  no  special  contract  exists  in  relation  thereto. 

Sec.  11.  The  general  assembly  shall  direct  by  law  in  what  manner 
and  in  what  courts  suits  may  be  brought  against  the  State. 

Sec.  12.  All  officers  of  the  State,  the  term  of  Avhose  appointment  is 
not  otherwise  directed  by  this  constitution,  shall  hold  their  offices  dur- 
ing good  behavior. 

Sec.  13.  Absence  on  business  of  this  State,  or  of  the  United  States, 
or  on  a  visit,  or  necessary  private  business,  shall  not  cause  a  forfeiture 
of  a  residence  once  obtained. 

Sec.  14.  It  shall  be  the  duty  of  the  general  assembly  to  regulate  by 
law  the  cases  in  which  deductions  shall  be  made  from  the  salaries  of 
public  officers  for  neglect  of  duty  in  their  official  capacity,  and  the 
amount  of  such  deduction. 

Sec.  15.  No  member  of  Congress,  nor  any  person  holding  any  office 
of  profit  or  trust  under  the  United  States,  or  either  of  them,  the  office 


Mississippi — 1817  2045 

of  postmaster  excepted,  or  under  any  foreign  power,  shall  lioM  or 
exercise  any  office  of  trust  under  this  State. 

Sec.  U).  Religion,  morality,  and  knowledge-  being  necessary  to 
good  government,  the  preservation  of  liberty,  and  the  haj)piness  of 
manlvind,  schools,  and  the  means  of  education,  shall  forever  be  en- 
couraged in  this  State. 

Sec.  17.  Divorces  from  the  bonds  of  matrimony  shall  not  be 
granted,  but  in  cases  provided  for  by  law,  by  suit  in  chancery :  Pro- 
rided,  That  no  decree  for  such  divorce  shall  have  effect  until  the 
same  shall  be  sanctioned  by  two-thirds  of  both  branches  of  the  gen- 
eral assembly. 

Sec.  18.  Returns  of  all  elections  l)y  the  people  shall  l)e  made  to 
the  secretary  of  state. 

Sec.  19.  Xo  new  county  shall  In'  established  In  the  general  assem- 
bly which  shall  reduce  the  county  or  counties,  or  either  of  them, 
from  which  it  may  be  taken  to  a  less  content  than  five  hundred 
and  seventy-six  square  miles,  nor  shall  any  new  county  be  laid  off  of 
less  contents. 
'  Sec.  20.  That  the  general  assembly  shall  take  measures  to  pre- 
serve from  unnecessary  waste  or  damage  such  lands  as  are  or  may 
hereafter  be  granted  by  the  United  States  for  the  use  of  schools, 
within  each  townshij)  in  this  State,  and  apply  the  funds  which  may 
be  raised  from  such  lands,  by  rent  or  lease,  in  strict  conformity  to  the 
object  of  such  gi'ant ;  but  no  lands  granted  for  the  use  of  such  town- 
ship schools  shall  ever  be  sold  by  any  authority  in  this  State. 


Section  1.  The  general  assembly  shall  have  no  power  to  pass  laws 
for  the  emancipation  of  slaves,  without  the  consent  of  their  ow^ners, 
unless  where  a  slave  shall  have  rendered  to  the  State  some  dis- 
tinguished service,  in  which  case  the  owner  shall  be  paid  a  full  equiva- 
lent for  the  slaves  so  emancipated.  They  shall  have  no  power  to 
prevent  immigrants  to  this  State  from  bringing  with  them  such  per- 
sons as  are  deemed  slaves  by  the  laws  of  any  one  of  the  United 
States,  so  long  as  any  person  of  the  same  age  or  description  shall  be 
continued  in  slavery  by  the  laws  of  this  State:  Proridcd,  That  such 
person  or  slave  be  the  hona-fide  property  of  such  immigrants;  Aiul 
provided  also,  That  laws  may  be  passed  to  prohibit  the  introduction 
mto  the  State  of  slaves  who  may  have  committed  high  crimes  in  other 
States.  They  shall  have  power  to  ])ass  laws  to  ]xM'mit  the  owners  of 
slaves  to  emanci])ate  them,  saving  the  i-ights  of  creditors,  and  j^re- 
venting  them  from  becoming  a  jMiblic  charge.  They  shall  have  full 
power  to  j^revent  slaves  from  being  brought  into  this  State  as  mer- 
chandise; and  also  to  oblige  the  owners  of  slaves  to  treat  them  with 
humanity,  to  provide  for  them  necessary  clothing  and  provision,  to 
abstain  from  all  injuries  to  them  extending  to  life  or  limb,  or  in 
case  of  their  neglect  or  refusal  to  comply  with  the  directions  of  such 
laws,  to  have  such  slave  or  slaves  sold  for  the  benefit  of  the  owner 
or  owners. 

Sec.  2.  In  the  jjrosecution  of  slaves  for  crimes,  no  inquest  by  a 
grand  jury  shall  be  necessary,  but  the  proceedings  in  such  cases 
shall  be  regulated  by  law  ^  exce]it  that,  in  capital  cases,  the  general 
assembly  sliall  have  no  ]i()weT-  to  depi'ive  them  of  an  imjiartial  trial 
by  a  petit  jury. 


2046  Mississijjpi — 1817 

MODE    OF    KEVISINO    THE    CONSTITUTION 

That  whenever  Iwo-thirds  of  the  general  assembly  shall  deem  it 
necessary  to  amend  or  change  this  constitution,  they  shall  recom- 
mend to  the  electors,  at  the  next  election  for  members  of  the  general 
assembly,  to  vote  for  or  against  a  convention,  and  if  it  shall  aj^pear 
that  a  majority  of  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 
ma}'  be  in  the  general  assembly,  to  be  chosen  by  the  qualified  electors, 
in  the  manner  and  at  the  times  and  places  of  choosing  members  of 
the  general  assembly,  which  convention  shall  meet  within  three 
months  after  the  said  election,  for  the  purpose  of  revising,  amending, 
or  changing  the  constitution. 

Schedule 

Section  1,  That  no  inconvenience  may  arise  from  a  change  of  terri- 
torial to  a  permanent  State  government,  it  is  declared,  that  all  rights, 
actions,  prosecutions,  claims,  and  contracts,  as  Avell  of  individuals  as 
of  bodies-corporate,  shall  continue  as  if  no  such  change  had  taken 
place. 

Sec.  2.  All  fines,  penalties,  forfeitures,  and  escheats,  accruing  to 
the  Mississippi  Territory,  within  the  limits  of  this  State,  shall  inure 
to  the  use  of  the  State. 

Sec.  3.  The  validity  of  all  bonds  and  recognizances  executed  to  the 
governor  of  the  Mississippi  Territory  shall  not  be  impaired  by  the 
change  of  government,  but  may  be  sued  for  and  recovered  in  the  name 
of  the  governor  of  the  State  of  Mississippi  and  his  successors  in 
office ;  and  all  criminal  or  penal  actions,  arising  or  now  depending 
Avithin  the  limits  of  this  State,  shall  be  prosecuted  to  judgment  and 
execution  in  the  name  of  the  said  State.  All  causes  of  action  arising 
to  indiA'iduals.  and  all  suits  at  law  or  in  equity,  now  depending  in  the 
several  courts  within  the  limits  of  this  State,  and  not  already  barred 
by  law,  may  be  commenced  in,  or  transferred  to,  such  court  as  may 
have  jurisdiction  thereof.  Bonds,  recognizances,  and  other  papers 
and  writings,  properly  belonging  to  the  eastern  section  of  the  Mis- 
sissippi Territory,  not  comprised  within  the  limits  of  this  State,  shall 
l)e  transferred  to  the  offices  to  which  they  severally  belong. 

Sec.  4.  All  officers,  civil  and  military,  now  holding  connuissions 
under  the  authority  of  the  United  States  or  of  the  Mississippi  Terri- 
tory, within  this  State,  shall  continue  to  hold  and  exercise  their 
respective  offices  under  the  authority  of  this  State,  until  they  shall  be 
superseded  under  the  authority  of  this  constitution,  and  shall  receive 
from  the  treasury  of  this  State  the  same  compensation  which  they 
heretofore  received  for  their  services,  in  j^roportion  to  the  time  they 
shall  be  so  employed.  The  governor  shall  have  power  to  fill  vacan- 
cies by  commissions,  to  expire  so  soon  as  elections  or  appointments 
can  be  made  to  such  office  by  the  authority  of  this  constitution. 

Sec.  .").  All  laws  and  parts  of  laws  now  in  force  in  the  ^lississippi 
Territory,  and  not  repugnant  to  the  provisions  of  this  constitution, 
shall  continue  and  remain  in  force  as  the  laws  of  this  State,  until  tliev 


Mississipjji — IS  17  2047 

expire  by  tlieir  own  limitation,  or  shall  lu-  altcicd  di-  repealed  by  llif 
legislature  thereof. 

Sec.  (j.  Every  free  while  male  person,  aljove  the  a<>('  of  twciity-onc 
years,  who  shall  l)e  a  citizen  of  the  United  States  and  resident  in  this 
State  at  the  time  of  the  adoption  of  this  constitution,  shall  l)e  deemed 
a  qualified  elector,  at  the  first  election  to  be  held  in  this  State,  any- 
thing in  the  constitution  to  the  contrar}'^  notwithstanding. 

Sec.  7.  The  president  of  this  convention  shall  issue  writs  of  elec- 
tion, directed  to  the  sheriffs  of  the  several  counties,  requiring  them  to 
cause  an  election  to  be  held  for  a  governor,  lieutenant-governor,  Ivepre- 
sentative  to  the  Congress  of  the  United  States,  members  of  the  general 
assembly,  and  sheriil's  of  the  respective  counties,  at  the  respective 
])laces  of  elections  in  said  counties,  except  in  the  county  of  "Warren, 
in  which  county  the  election  sliall  be  held  at  the  court-house  instead 
of  the  ])lace  provided  by  law,  on  the  first  Monday  and  the  day  follow- 
ing in  September  next,  which  election  shall  be  conducted  in  the  man- 
ner prescribed  by  the  existing  election  laws  of  the  Mississippi  Terri- 
tory, and  the  said  governor,  lieutenant-goveriujr.  and  members  of  the 
genei'al  assembly,  then  duly  elected,  shall  continue  to  discharge  the 
duties  of  their  respective  offices  for  the  time  prescribed  by  this  con- 
stitution, and  until  their  successors  be  duly  qualified. 

Sec.  8.  Until  the  first  enumeration  shall  be  made,  as  directed  by  this 
constitution,  the  county  of  Warren  shall  be  entitled  to  one  repre- 
sentative, the  county  of  Claiborne  to  two  representatives,  the  county 
of  Jetl'erson  to  two  representatives,  the  county  of  Adams  to  four  rep- 
i-esentatives,  the  county  of  Franklin  to  one  representative,  the  county 
of  AVilkinson  to  three  representatives,  the  county  of  Amite  to  three 
rei)resentatives,  the  county  of  Pike  to  two  representatives,  the  county 
of  Lawrence  to  one  rejiresentative.  the  county  of  ]Marion  to  one  rep- 
i-esentative,  the  county  of  Hancock  to  on*^  representatiA'e,  the  county 
of  (Jreene  to  one  rejjresentative,  the  cousity  of  Wayne  to  one  repre- 
sentative, the  county  of  Jackson  to  one  re})resentative.  The  counties 
of  AVarren  and  Claiborne  shall  be  entitled  to  one  senator,  the  county 
of  Adams  to  one  senator,  the  comity  of  Jefferson  to  one  senator,  the 
county  of  "Wilkinson  to  one  senator,  the  county  of  Amite  to  one  sen- 
ator, the  counties  of  Franklin  and  Pike  to  one  senator,  the  counties 
of  Lawrence,  Clarion,  and  Hancock  to  one  senator,  the  counties  of 
(irreene,  Wayne,  and  Jackson  to  one  senatoi". 

Sec.  !).  The  governoi*  may  ap])oint  and  commission  an  additional 
judge,  oi-  one  of  the  former  judges  of  the  superior  court,  whose  com- 
mission shall  expire  so  soon  as  appointments  can  be  made  under  the 
constitution.  It  shall  be  the  duty  of  the  judge  so  appointed,  or  one 
of  the  former  territorial  judges,  to  hold  superior  courts  in  the  coun- 
ties of  Jaclcscm,  Greene.  Wayne,  and  Hancock  at  the  time  heretofoic 
])rescribe(l  by  law:  Pvoridcd,  That  if  eitlier  of  (he  former  territorial 
judges,  in  addition  to  his  duty  in  tlie  western  counties,  perform  such 
duty,  and  no  additional  judge  be  aj^pointed,  he  shall  receive  an  extra 
com])ensation,  jjroportioned  to  tin*  amount  of  his  salary  and  (ei'ui  of 
service  rendered.  If  an  additional  judge  be  appointed,  he  shall  receixc 
the  same  compensation  for  his  services  as  the  otlier  judges  of  the 
superior  court. 

Sec.  10.  The  sheritl'  of  A^^•n•ren  Countv  shall,  within  ten  davs  after 


2048  Mississ  ippi—181 7 

the  election,  make  return  of  the  number  of  votes  for  senator  in  his 
county  to  the  sherilf  of  Claiborne  County,  who  shall  be  the  return- 
ing officer  for  the  district.  The  sheriff  of  Pike  County  shall,  within 
ten  days  after  the  election,  make  return  of  the  number  of  votes  for 
senator  in  his  county  to  the  sheriff  of  Franklin  County,  who  shall  be 
the  returning  officer  for  the  district.  The  sheriffs  of  Hancock  and 
LaAvrence  Counties  shall,  within  ten  days  after  the  election,  make 
return  of  the  number  of  A'otes  for  senator  in  their  respective  counties 
to  the  sheriff  of  Marion  County.  Avho  shall  be  the  returning  officer  for 
the  district.  The  sheriffs  of  Jackson  and  Wayne  Counties  shall, 
within  ten  days  after  the  election,  make  return  of  the  number  of  votes 
for  senator  in  their  respective  counties  to  the  sheriff  of  Greene 
County,  who  shall  be  the  returning  officer  for  the  district. 

Ordinance 

"Whereas  it  is  required  by  the  act  of  Congress  under  which  this 
convention  is  assembled  that  certain  i)rovisions  should  be  made  by 
an  ordinance  of  this  convention  : 

Therefore  this  convention,  for  and  in  behalf  of  the  people  inhabit- 
ing this  State,  do  ordain,  agree,  and  declare  that  they  forever  disclaim 
all  right  or  title  to  the  waste  or  unappropriated  lands  lying  within  the 
State  of  Mississippi,  and  that  the  same  shall  be  and  remain  at  the 
sole  and  entire  disposition  of  the  United  States,  and,  moreover,  that 
each  and  every  tract  of  land  sold  by  Congress  shall  be  and  remam 
exempt  from  any  tax  laid  b}^  the  order  or  under  the  authority  of 
this  State,  whether  for  State,  county,  township,  parish,  or  other 
purposes  whatever,  for  the  term  of  five  years,  from  and  after  the 
■respective  days  of  sale  thereof,  and  that  the  lands  belonging  to  the 
citizens  of  the  United  States,  residing  without  this  State,  shall  never 
be  taxed  higher  than  the  lands  belonging  to  persons  residing  Avithin 
the  same;  that  no  taxes  shall  be  imposed  on  lands  the  property  of 
the  United  States,  and  that  the  river  Mississippi,  and  the  navigable 
rivers  and  waters  leading  into  the  same,  or  into  the  gulf  of  ]Mexico, 
shall  be  common  highways  and  forever  free,  as  well  to  the  inhabitants 
of  this  State  as  to  other  citizens  of  the  United  States,  without  any 
duty,  tax,  impost,  or  toll  therefor,  imposed  by  this  State;  and  this 
ordinance  is  hereby  declared  irrevocable,  Avithout  the  consent  of  the 
Ignited  States. 

Done  in  convention,  at  the  toAvn  of  Washington,  the  fifteenth  day 
of  August,  in  the  year  of  our  Lord  1817,  and  in  the  forty-second 
year  of  the  Independence  of  the  United  States  of  America. 

David  Holmes,  President. 

Louis  AViNSTuN,  ISect'etai'i/. 


Mississippi— 18S2  2049 

CONSTITUTION  OF  MISSISSIPPI— 1832  " 
Article  I 

DPXLARATIOX   OF   RIGHTS 

That  the  general,  great,  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  established,  we  declare — 

Section  1.  That  all  freemen,  when  they  form  a  social  compact,  are 
equal  in  riglits ;  and  that  no  men,  or  set  of  men,  are  entitled  to  exclu- 
sive, separate  public  emoluments  or  privileges  from  the  connnunity, 
but  in  consideration  of  public  services. 

Sec.  2.  That  all  political  poAver  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  unalienable  and 
indefeasible  right  to  alter  or  abolish  their  form  of  government,  in 
such  manner  as  they  may  think  expedient. 

Sec.  3.  The  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination,  shall  forever  be  free  to  all  persons 
in  this  State:  Provided^  That  the  right  hereby  declared  and  estab- 
lished shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or 
justify  practices  inconsistent  with  the  peace  and  safety  of  the  State. 

Sec.  4.  No  preference  shall  ever  be  given  by  law  to  any  religious 
sect  or  mode  of  worship. 

Sec.  T).  That  no  person  shall  be  molested  for  his  opinions  on  any 
subject  whatever,  nor  suffer  any  civil  or  political  inca])acity,  or  ac- 
quire any  <^ivil  or  political  advantage,  in  consequence  of  such  opin- 
ions, except  in  cases  provided  for  in  this  constitution. 

Sec.  G.  Every  citizen  may  freely  speak,  Avrite,  and  publish  his 
sentiments  on  all  subjects;  being  responsible  for  the  abuse  of  that 
liberty. 

Sec.  T.  No  law  shall  ever  be  passed  to  curtail  or  restrain  the  lil)erty 
of  speech,  or  of  the  press. 

Sec.  8.  In  all  prosecutions  or  indictments  for  libel,  the  truth  may 
be  given  in  evidence;  and  if  it  shall  appear  to  the  jury  that  th(>  mat- 
ter charged  as  libellous  is  true,  and  was  ]:)ublished  with  good  motives 
anil  for  justifial)le  ends,  the  ])arty  shall  be  acquitted;  and  the  jury 
shall  have  the  right  to  determine  the  law  and  the  facts. 

Sp:c.  9.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers,  and  possessions  from  unreasonable  seizures  and  searches; 
and  that  no  warrant  to  search  any  place,  or  to  seize  any  person  oi- 
thing,  shall  issue  without  describing  the  place  to  be  searched,  and 
the  i)erson  or  thing  to  be  seized,  as  nearly  as  may  be.  nor  without 
probable  cause,  sup])orted  by  oath  or  aflirmation. 

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  by  the  witnesses  against 
him;  to  have  a  com])ulsorv  process  for  obtaining  witnesses  in  his 
favor;  and  in  all  prosecutions  by  indictment  or  information,  a  speedy 

"  Tliis  f'onstitutioii  was  frainod  by  a  conveMitioii  which  met  at  .Tacksoii  Septem- 
l)or  10,  1,S:',2.  Mild  coiiiplcted  its  l.-iliors  Octdiier  "JC.  18:!l2.  It  was  ratified  by  the 
l)(><)i)h>  at  the  next  general  election. 


2050  Mississippi— 1832 

and  public  trial  by  an  impartial  jury  of  the  county  where  the  offence 
was  committed;  that  he  cannot  be  compelled^  to  give  evidence  against 
liimself,  nor  can  he  be  deprived  of  his  life,  liberty,  or  property,  but 
by  due  course  of  law. 

Sec.  11.  No  person  shall  be  accused,  arrested,  or  detained,  except 
in  cases  ascertained  by  law,  and  according  to  the  form  which  the  same 
has  prescribed;  and  no  person  shall  be  punished  but  in  virtue  of  a 
law  established  and  promulgated  prior  to  the  offence,  and  legally 
applied.   . 

Sec.  12.  That  no  person  shall,  for  anj^  indictable  offence,  be  pro- 
ceeded against  criminally  bj^  information;  except  in  cases  arising  in 
the  land  or  naval  forces,  or  in  the  militia  when  in  actual  service*  or 
b}^  leave  of  the  court,  for  misdemeanor  in  office. 

Sec.  13.  No  person  shall,  for  the  same  offence,  be  twice  put  in  jeop- 
ardy of  life  or  limb;  nor  shall  any  person's  property  be  taken  or 
applied  to  public  use  without  the  consent  of  the  legislature,  and 
without  just  compensation  being  first  made  therefor. 

Sec.  14.  That  all  courts  shall  be  open,  and  every  person,  for  an 
injury  done  him  in  his  lands,  goods,  person,  or  reputation,  shall  have 
remedy  by  due  course  of  law,  and  right  and  justice  administered 
without  sale,  denial,  or  delay. 

Sec.  15.  That  no  power  of  suspending  laws  shall  be  exercised,  ex- 
cept by  the  legislature,  or  its  authority. 

Sec.  16.  That  excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  punishments  inflicted. 

Sec  it.  That  all  j^risoners  shall,  before  conviction,  be  bailable  by 
sufficient  securities,  except  for  capital  offences  where  the  proof  is  evi- 
dent or  the  presumption  great ;  and  the  privilege  of  the  writ  of 
habeas  corpus  shall  not  be  suspended,  unless  when,  in  a  case  of  rebel- 
lion or  invasion,  the  public  safety  may  require  it. 

Sec.  is.  That  the  person  of  a  debtor,  when  there  is  not  strong  pre- 
sumption of  fraud,  shall  not  be  detained  in  prison,  after  delivering 
up  his  estate  for  the  benefit  of  his  creditors,  in  such  manner  as  shall 
be  prescribed  by  law. 

Sec  19.  No  conviction  for  any  offence  shall  work  corruption  of 
blood  or  forfeiture  of  estate.  The  legislature  shall  pass  no  bill  of 
attainder,  ex  -post  facto  law,  nor  laAv  for  impairing  the  obligation  of 
contracts. 

Sec  20.  No  property  qualification  for  eligibility  to  office,  or  for  the 
right  of  suffrage,  shall  ever  be  required  by  law  in  this  State. 

Sec  21.  That  the  estate  of  suicides  shall  descend  or  vest  as  in  cases 
of  natural  death ;  and  if  any  person  shall  be  killed  by  casualty,  there 
.^hall  be  no  forfeiture  by  reason  thereof. 

Sec  22.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to 
assemble  together  for  their  common  good,  and  to  apply  to  those 
vested  with  the  poAvers  of  government  for  redress  of  grievances,  or 
other  proper  purposes,  by  petition,  address,  or  remonstrance. 

Sec  23.  Every  citizen  has  a  right  to  bear  arms  in  defence  of  him- 
self and  of  the  State. 

Sec  24.  No  standing  army  shall  be  kept  up  without  the  consent  of 
the  legislature;  and  the  military  shall  in  all  cases,  and  at  all  times, 
be  in  strict  subordination  to  the  civil  power. 


Mississippi— 1832  2051 

Sec.  25.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  owner,  or  in  time  of  war,  but  in 
manner  to  be  prescribed  bv  law. 

Sec.  26.  That  no  hereditary  emoluments,  privileges,  or  honors  shall 
ever  be  granted  or  conferred  in  this  State. 

Sec.  27.  Emigration  from  this  State  shall  not  be  prohibited,  nor 
shall  any  free  white  citizen  of  this  State  ever  be  exiled  under  any 
l)retence  whatever. 

Sec.  28.  The  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  29.  No  person  shall  be  debarred  from  prosecuting  or  defend- 
ing any  civil  cause  for  or  against  him  or  her  self  before  any  tril)unid 
in  this  State,  by  him  or  her  self,  or  counsel,  or  both. 

Sec.  30.  No  person  shall  ever  be  appointed  or  elected  to  any  office 
in  this  State  for  life  or  during  good  behavior;  but  the  tenure  of  all 
offices  shall  be  for  some  limited  period  of  time,  if  the  person  appointed 
or  elected  thereto  shall  so  long  behave  well. 

CONCLUSION 

The  guard  against  transgressions  of  the  high  powers  herein  dele- 
gated, we  declare  that  everything  in  this  article  is  excepted  out  of  the 
general  powers  of  government,  and  shall  forever  remain  inviolate; 
and  that  all  laws  contrary  thereto,  or  to  the  following  provisions, 
shall  be  void. 

Akticle  II 

DISTRIBUTION    OF    POWERS 

Section  1.  The  powers  of  the  government  of  the  State  of  Missis- 
sippi shall  be  divided  into  three  distinct  departments,  and  each  of 
them  confided  to  a  separate  body  of  magistracy,  to  wit:  those  which 
are  legislative  to  one,  those  which  are  judicial  to  another,  and  those 
which  are  executive  to  another. 

Sec.  2.  No  person  or  collection  of  persons,  being  of  one  of  these 
departments,  shall  exercise  any  power  properly  Ix'longing  to  either 
of  the  others,  except  in  the  instances  hereinafter  expressly  directed  or 
permitted. 

Article  III 

liEGISLATIVE    DEPARTMENT 

Section  1.  Every  free  white  male  person  of  the  age  of  twenty-one 
years  or  upwards,  who  shall  be  a  citizen  of  the  United  States,  and  shall 
have  resided  in  this  State  one  year  next  preceding  an  election,  and  the 
last  four  months  within  the  county,  city,  or  town  in  which  he  oilers 
to  vote,  shall  be  deemed  a  (|ualified  elector.  And  auy  such  (jualified 
elector  who  nuiy  hapi)en  to  be  in  any  county,  city,  or  town  other  than 
that  of  his  residence  at  the  time  of  an  election,  or  who  shall  have 
removed  to  any  county,  city,  or  town  within  four  months  preceding 
the  election,  from  any  county,  city,  or  town  in  which  he  would  have 
been  a  qualified  elector  had  he  not  so  removed,  may  vote  for  any  State 
or  district  officer,  or  Member  of  Congress,  for  whom  he  could  have 


2052  Mississippi— 1832 

voted  in  the  county  of  his  residence,  or  the  county,  city,  or  town  from 
which  he  may  have  so  removed. 

Sec.  2.  Electors  shall,  in  all  cases,  except  in  those  of  treason,  felony, 
or  breach  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance on  elections,  and  going  to  and  returning  from  the  same. 

Sec.  3.  The  first  election  shall  be  by  ballot,  and  all  future  elections 
by  the  people  shall  be  regulated  by  law. 

Sec.  4.  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  legislature  of  the 
State  of  Mississippi."  And  the  style  of  their  laws  shall  be,  "  Be  it 
enacted  hy  the  legislat}ire  of  the  State  of  Mississippi.'''' 

Sec.  5.  The  members  of  the  house  of  representatives  shall  be  chosen 
by  the  qualified  electors,  and  shall  serve  for  the  term  of  two  years 
from  the  day  of  the  commencement  of  the  general  election,  and  no 
longer. 

Sec.  6.  The  representatives  shall  be  chosen  every  two  years,  on  the 
first  Monday  and  day  following  in  November. 

Sec.  7.  No  person  shall  be  a  representative  unless  he  be  a  citizen  of 
the  United  States,  and  shall  have  been  an  inhabitant  of  this  State 
two  years  next  preceding  his  election,  and  the  last  year  thereof  a  resi- 
dent of  the  county,  city,  or  town  for  which  he  shall  be  chosen,  and 
shall  have  attained  the  age  of  twenty-one  years. 

Sec.  8.  Elections  for  representatives  for  the  several  counties  shall 
be  held  at  the  places  of  holding  their  resjjective  courts,  or  in  the 
several  election-districts  into  which  the  county  may  be  divided :  Fro- 
vided,  That  when  it  shall  appear  to  the  legislature  that  any  city  or 
town  hath  a  number  of  free  white  inhabitants  equal  to  the  ratio  then 
fixed,  such  city  or  town  shall  have  a  separate  representation,  accord- 
ing to  the  number  of  free  white  inhabitants  therein,  which  shall  be 
retained  so  long  as  such  city  or  toAvn  shall  contain  a  number  of  free 
white  inhabitants  equal  to  the  existing  ratio;  and  thereafter  and  dur- 
ing the  existence  of  the  right  of  se])arate  representation  in  such  city 
or  town,  elections  for  the  county  in  which  such  city  or  town  entitled 
to  a  separate  representation  is  situated  shall  not  be  held  in  such  city  or 
town:  And  provided,  That  if  the  residuum  or  fraction  of  any  city  or 
town  entitled  to  separate  representation  shall,  when  added  to  the 
residuum  in  the  county  in  Avhich  it  may  lie,  be  equal  to  the  ratio  fixed 
by  law  for  one  representative,  then  the  aforesaid  county,  city,  or  town 
having  the  largest  residuum  shall  be  entitled  to  such  representation: 
And  provided  also,  That  when  there  are  two  or  more  counties  adjoin- 
ing, which  have  residuums  over  and  above  the  ratio  then  fixed  by  law, 
if  said  residuums,  when  added  together,  will  amount  to  such  ratio,  in 
that  case  one  representative  shall  be  added  to  that  county  having  the 
largest  residuum. 

Sec.  9.  The  legislature  shall  at  their  first  session,  and  at  periods  of 
not  less  than  every  four,  nor  more  than  every  six  years,  until  the  year 
1845,  and  thereafter  at  periods  of  not  less  than  every  four,  nor  more 
than  every  eight  years,  cause  an  enumeration  to  l)e  made  of  all  the 
free  white  inhabitants  of  this  State,  and  the  whole  number  of  repre- 
sentatives shall,  at  the  several  periods  of  making  such  enumeration, 
be  fixed  by  the  legislature,  and  apportioned  among  the  several  coun- 
ties, cities,  or  towns  entitled  to  separate  representation,  according  to 
the  number  of  free  white  inhabitants  in  each,  and  shall  not  be  less 


Mississippi.— 1832  2053 

than  thirty-six  nor  more  than  one  hundred:  Promded.,  liovever,  That 
each  county  shall  always  be  entitled  to  at  least  one  representative. 

Sec.  10.  The  whole  number  of  senators  shall,  at  tlu^  several  periods 
of  makino^  the  enumeration  before  mentioned,  l)e  fixed  by  the  legis- 
lature, and  apportioned  among  the  several  districts  to  be  established 
by  law,  according  to  the  number  of  free  white  inhabitants  in  each, 
and  shall  never  be  less  than  one-fourth  nor  more  than  one-third  of 
the  whole  number  of  representatives. 

Sec.  11.  The  senators  shall  be  chosen,  by  the  qualified  electors,  for 
four  years,  and  on  their  being  convened  in  consequence  of  the  first 
election,  they  shall  be  divided  by  lot  from  their  respective  districts 
into  two  classes,  as  nearly  equal  as  can  be;  and  the  seats  of  the  sena- 
tors of  the  first  class  shall  be  vacated  at  the  expiration  of  the  second 
year. 

Sec.  12.  Such  mode  of  classifying  new  additional  senators  shall  be 
observed  as  will  as  nearly  as  possible  preserve  an  equality  of  numbers 
in  each  class. 

Sec.  13.  "\Alien  a  senatorial  district  shall  be  composed  of  two  or 
more  counties,  it  shall  not  be  entirely  sejjarated  by  an}-  county  belong- 
ing to  another  district ;  and  no  county  shall  be  divided  in  forming  a 
district. 

Sec.  14.  No  person  shall  be  a  senator  unless  he  be  a  citizen  of  the 
United  States,  and  shall  have  been  an  inhabitant  of  this  State  four 
years  next  preceding  his  election,  and  the  last  year  thereof  a  resident 
of  the  district  for  which  he  shall  be  chosen,  and  have  attained  the  age 
of  thirty  years. 

Sec.  15.  The  house  of  representatives,  when  assembled,  shall  choose 
a  speaker  and  its  other  officers,  and  the  senate  shall  choose  a  president 
and  its  officers,  and  each  house  shall  judge  of  the  qualifications  and 
elections  of  its  own  members ;  but  a  contested  election  shall  be  deter- 
mined in  such  manner  as  shall  be  directed  by  law.  A  majority  of 
each  house  shall  constitute  a  quorum  to  do  business,  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  may  compel  the  attend- 
ance of  absent  members,  in  such  manner  and  under  such  penalties  as 
each  house  may  provide. 

Sec.  1().  Each  house  may  determine  the  rules  of  its  own  proceed- 
ings, punish  members  for  disorderly  behavior,  and,  with  the  i-onsent 
of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the  same 
cause;  and  shall  have  all  other  powers  necessary  for  a  branch  of  the 
legislature  of  a  free  and  independent  State. 

Sec.  17.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
publish  the  same;  and  the  yeas  and  nays  of  the  members  of  either 
house,  on  any  question,  shall,  at  the  desire  of  any  three  meml)ers  pres- 
ent, be  entered  on  the  journal. 

Sec.  18.  AMien  vacancies  happen  in  either  house,  the  governor,  or 
the  person  exercising  the  powers  of  the  governor,  shall  issue  writs  of 
election  to  fill  such  vacancies. 

Sec.  10.  Senators  and  representatives  shall  in  all  cases,  except  of 
treason,  felony,  or  breach  of  the  peace,  be  privileged  from  arrest  dur- 
ing the  session  of  the  legislature,  and  in  going  to  and  returning 
from  the  same,  allowing  one  day  for  every  twenty  miles  such  member 
may  reside  from  the  place  at  which  the  legislature  is  convened. 

Sec.  20.  Each  house  nuiy  punish  by  imi)risonment,  during  the  ses- 
sion, any  person,  not  a  member,  for  disrespectful  or  disorderh'  beha- 


2054  Mississippi— 1 882 

vior  in  its  presence,  or  for  obstructing  any  of  its  proceedings:  Pro- 
vided, Sucli  imprisonment  shall  not,  at  any  one  time,  exceed  forty- 
eight  hours. 

Sec.  21,  The  doors  of  each  house  shall  be  open,  except  on  such 
occasions  of  great  emergency  as,  in  the  opinion  of  the  house,  may 
require  secrecy. 

Sec.  22.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  they  may  be  sitting. 

Sec.  23.  Bills  may  originate  in  either  house,  and  be  amended, 
altered,  or  rejected  by  the  other,  but  no  bill  shall  have  the  force  of  a 
law  until  on  three  several  days  it  be  read  in  each  house,  and  free  dis- 
cussion be  allowed  thereon,  unless  four-fifths  of  the  house  in  Avhich 
the  bill  shall  be  pending  may  deem  it  expedient  to  dispense  with  this 
rule ;  and  every  bill  having  passed  both  houses  shall  be  signed  by  the 
speaker  and  president  of  their  respective  houses. 

Sec.  24.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives,  but  the  senate  mav  amend  or  reject  them  as  other 
bills. 

Sec.  25.  Each  member  of  the  legislature  shall  receive  from  the  pub- 
lic treasury  a  compensation  for  his  services,  which  may  be  increased 
or  diminished  by  law;  but  no  increase  of  compensation  shall  take 
effect  during  the  session  at  which  such  increase  shall  have  been  made. 

Sec.  26.  No  senator  or  representative  shall,  during  the  term  for 
which  he  shall  have  been  elected,  nor  for  one  year  thereafter,  be 
appointed  to  any  civil  office  of  profit  under  this  State,  which  shall 
have  been  created,  or  the  emoluments  of  which  shall  have  been 
increased,  during  such  term,  except  such  offices  as  may  be  filled  by 
elections  by  the  people ;  and  no  member  of  either  house  of  the  legisla- 
ture shall,  after  the  commencement  of  the  first  session  of  the  legisla- 
ture after  his  election,  and  during  the  remainder  of  the  term  for 
which  he  is  elected,  be  eligible  to  any  office  or  place,  the  appointment 
to  which  may  be  made  in  whole  or  in  part  by  either  branch  of  the 
legislature. 

Sec.  27.  No  judge  of  any  court  of  law  or  equity,  secretary  of  state, 
attorney-general,  clerk  of  any  court  of  record,  sheriff,  or  collector,  or 
any  person  holding  a  lucrative  office  under  the  United  States  or  this 
State,  shall  be  eligible  to  the  legislature:  Prorided,  That  offices  in  the 
militia,  to  which  there  is  attached  no  annual  salary,  and  the  office  of 
justice  of  the  peace,  shall  not    be  deemed  lucrative. 

Sec.  28.  No  person  who  hath  heretofore  been,  or  hereafter  may  be, 
a  collector  or  holder  of  public  moneys,  shall  have  a  seat  in  either 
house  of  the  legislature,  until  such  person  shall  have  accounted  for, 
and  paid  into  the  treasury,  all  sums  for  which  he  may  be  accountable. 

Sec.  21).  The  first  election  for  senators  and  representatives  shall  be 
general  throughout  the  State,  and  shall  be  held  on  the  first  Monday 
and  day  following  in  November,  1833;  and  thereafter  there  shall  be 
biennial  elections  for  senators  to  fill  the  places  of  those  Avhose  term 
of  service  may  have  expired. 

Sec.  30.  The  first  and  all  future  sessions  of  the  legislature  shall  be 
held  in  the  town  of  Jackson,  in  the  county  of  Hinds,  until  the  3'ear 
1850.  During  the  first  session  thereafter,  the  legislature  shall  have 
power  to  designate  by  law  the  permanent  seat  of  government :  Pro- 
vided, hoivever,  That  unless  such  designation  be  then  made  by  law, 


Mississippi — 18S2  2055 

the  seat  of  government  shall  continue  permanently  at  the  town  of 
Jackson.  The  first  session  shall  commence  on  the  third  Monday  in 
November,  in  the  year  1838;  and  in  every  two  years  thereafter,  at 
such  time  as  nuiy  be  prescribed  by  law. 

Sec.  31.  The  goA-ernor,  secretary  of  state,  treasurer,  auditor  of  pub- 
lic accounts,  and  attorney-general,  shall  reside  at  the  seat  of 
government. 

Article  TV 

JUDICIAL   DEPARTMENT 

Section  1.  The  judicial  power  of  this  State  shall  be  vested  in  one 
high  court  of  errors  and  appeals,  and  such  other  courts  of  law  and 
equity  as  are  hereafter  provided  for  in  this  constitution. 

Sec.  2.  The  high  court  of  errors  and  appeals  shall  consist  of  three 
judges,  any  two  of  Avhom  shall  form  a  quorum.  The  legislature  shall 
divide  the  State  into  three  districts,  and  the  qualified  electors  of  each 
district  shall  elect  one  of  said  judges  for  the  term  of  six  years. 

Sec.  3,  The  oftice  of  one  of  said  judges  shall  be  vacated  in  two 
years,  and  of  one  in  four  years,  and  of  one  in  six  j-ears,  so  that  at  the 
expiration  of  every  two  years  one  of  said  judges  shall  be  elected  as 
aforesaid. 

Sec.  4.  The  high  court  of  errors  and  appeals  shall  have  no  juris- 
diction l)ut  such  as  properly  belongs  to  a  court  of  errors  and  appeals. 

Sec.  n.  All  vacancies  that  may  occur  in  said  court,  from  death,  res- 
ignation, or  removal,  shall  be  filled  by  election  as  aforesaid  :  Frorkled^ 
hoirercr.  That  if  the  unexpired  tenn  do  not  exceed  one  year,  the 
vacancy  shall  be  filled  by  executive  appointment. 

Sec.  ().  Xo  person  shall  be  eligible  to  the  office  of  judge  of  the  high 
court  of  errors  and  appeals  who  shall  not  have  attained,  at  tlie  time 
of  his  election,  the  age  of  thirty  years. 

Sec.  7.  The  high  court  of  errors  and  appeals  shall  be  held  twice  in 
each  year,  at  such  place  as  the  legislature  shall  direct,  until  the  year 
eighteen  hundred  and  thirty-six,  and  afterwards  at  the  scat  of  gov- 
ernment of  the  State. 

Sec.  8.  The  secretary  of  state,  on  receiving  all  the  official  returns 
of  the  first  election,  shall  proceed,  forthwith,  in  the  ])resence  and  with 
the  assistance  of  two  justices  of  the  peace,  to  determine  by  lot  among 
the  three  candidates  having  the  highest  number  of  votes,  which  of  said 
judges  elect  shall  serve  for  the  term  of  two  years,  which  shall  serve 
for  the  term  of  four  years,  and  which  shall  serve  for  the  term  of  six 
years,  and  having  so  determined  the  same,  it  shall  be  the  duty  of  the 
governor  to  issue  commissions  accoribngly. 

Sec.  D.  Xo  judge  shall  sit  on  the  trial  of  any  cause  when  the  parties, 
or  either  of  them,  shall  be  connected  with  him  by  affinity  or  con- 
sanguinity, or  when  he  may  be  interested  in  the  same,  except  by  con- 
sent of  the  judge  and  of  the  parties;  and  whenever  a  quorum  of  said 
court  are  situated  as  aforesaid,  the  governor  of  the  State  shall  in  such 
case  specially  commission  tAvo  or  more  men  of  law  knowledge  for  the 
determination  thereof. 

Sec.  10.  The  judges  of  said  court  shall  receive  for  their  sei'vices  a 
compensation  to  be  fixed  by  hiAv,  which  shall  not  be  diminished  during 
their  continuance  in  office. 


2056  Mississippi— ISS^ 

Sec.  11.  The  judges  of  the  circuit  court  shall  be  elected  by  the 
qualified  electors  of  each  judicial  district,  and  hold  their  offices  for  the 
term  of  four  years,  and  reside  in  their  respective  districts. 

Sec.  12.  No  person  shall  be  eligible  to  the  office  of  judge  of  the  cir- 
cuit court  who  shall  not  at  the  time  of  his  election  have  attained  the 
age  of  twenty-six  years. 

Sec.  13.  The  State  shall  be  divided  into  convenient  districts,  and 
each  district  shall  contain  not  less  than  three  nor  more  than  twelve 
counties. 

Sec.  14.  The  circuit  court  shall  have  original  jurisdiction  in  all 
matters,  civil  and  criminal,  within  this  State;  but  in  civil  cases  only 
when  the  principal  of  the  sum  in  controversy  exceeds  fifty  dollars. 

Sec.  15.  A  circuit  court  shall  be  held  in  each  county  of  this  State, 
at  least  twice  in  each  year;  and  the  judges  of  said  courts  shall  inter- 
change circuits  with  each  other,  in  such  manner  as  may  be  prescribed 
by  law,  and  shall  receive  for  their  services  a  compensation  to  be  fixed 
by  law,  which  shall  not  be  diminished  during  their  continuance  in 
oflfice. 

Sec.  16.  A  separate  superior  court  of  chancery  shall  be  established, 
with  full  jurisdiction  in  all  matter  of  equity:  Provided,  however^ 
The  legislature  may  give  to  the  circuit  courts  of  each  county  equity 
jurisdiction  in  all  cases  where  the  value  of  the  thing,  or  amount  in 
controversy,  does  not  exceed  five  hundred  dollars;  also,  in  all  cases 
of  divorce,  and  for  the  foreclosure  of  mortgages.  The  chancellor 
shall  be  elected  by  the  qualified  electors  of  the  whole  State,  for  the 
term  of  six  years,  and  shall  be  at  least  thirty  years  old  at  the  time  of 
his  election." 

Sec.  17.  The  style  of  all  process  shall  be  "  The  State  of  Mississippi," 
and  all  prosecutions  shall  be  carried  on  in  the  name  and  by  the  author- 
ity of  the  State  of  Mississippi,  and  shall  conclude  "  against  the  peace 
and  dignity  of  the  same." 

Sec.  18.  A  court  of  probates  shall  be  established  in  each  county  of 
this  State,  with  jurisdiction  in  all  matters  testamentary  and  of  admin- 
istration in  orphans'  business  and  the  allotment  of  dower,  in  cases 
of  idiotcy  and  lunacy,  and  of  persons  non  combos  mentis.  The  judge 
of  said  court  shall  be  elected,  by  the  qualified  electors  of  the  respective 
counties,  for  the  term  of  two  years. 

Sec.  19.  The  clerk  of  the  high  court  of  errors  and  appeals  shall  be 
appointed  by  said  court  for  the  term  of  four  years,  and  the  clerks  of 
the  circuit,  probate,  and  other  inferior  courts  shall  be  elected  by  the 
qualified  electors  of  the  respective  counties,  and  shall  hold  their  offices 
for  the  term  of  two  years. 

Sec.  20,  The  qualified  electors  of  each  county  shall  elect  five  persons 
for  the  term  of  two  years,  who  shall  constitute  a  board  of  police  for 
each  county,  a  majority  of  whom  may  transact  business;  which  body 
shall  have  full  jurisdiction  over  roads,  highways,  ferries,  and  bridges, 
and  all  other  matters  of  county  police,  and  shall  order  all  county 
election  to  fill  vacancies  that  may  occur  in  the  offices  of  their  respective 
counties;  the  clerk  of  the  court  of  probate  shall  be  the  clerk  of  the 
board  of  county  i:)olice.'' 

Sec.  21.  No  person  shall  be  eligible  as  a  member  of  said  board  who 
shall  not  have  resided  one  year  in  the  county ;  but  this  qualification 

aAmeuded  ;   see  page  2065.  fiAuiended  ;    see  page  2004. 


Mississippi— 183^  2057 

shall  not  extend  to  such  new  count ies  i\%  uiay  hereafter  be  established 
until  one  year  after  tlieii'  ()i'<ianization :  and  all  vacancies  that  may 
occur  in  said  board  shall  be  su}^})lied  l)V  election  as  aforesaid  to  fill 
the  unexpired  term. 

Sec.  22.  The  judges  of  all  the  courts  of  the  State,  and  also  the  mem- 
bers of  the  board  of  county  police,  shall,  in  virtue  of  their  offices, 
be  conservators  of  the  peace,  and  shall  be  Ijy  law  vested  with  ample 
])owei's  in  this  respect. 

Sec.  23.  A  competent  num))er  of  justices  of  the  peace  and  constables 
shall  be  chosen  in  each  county,  by  the  qualified  electors  thereof,  by 
districts,  who  shall  hold  their  offices  for  the  term  of  two  years.  The 
jurisdiction  of  justices  of  peace  shall  be  limited  to  causes  in  which  the 
principal  of  the  amount  in  controversy  shall  not  exceed  fifty  dollars. 
In  all  causes  tried  by  a  justice  of  the  peace,  the  right  of  appeal  shall 
be  secured  under  such  rules  and  regulations  as  shall  be- prescribed  by 
law. 

Sec.  24.  The  legislature  may,  from  time  to  time,  establish  such 
other  inferior  courts  as  may  be  deemed  necessary,  and  abolish  the 
same  whenever  they  shall  deem  it  expedient. 

Sec.  25.  There  shall  be  an  attorney-general  elected  by  the  qualified 
electors  of  the  State;  and  a  competent  number  of  district  attorneys 
shall  be  elected  by  the  qualified  voters  of  their  respective  districts, 
whose  compensation  and  term  of  service  shall  be  prescribed  by  law. 

Sec.  2().  Tlie  legislature  shall  provide  by  law  for  determining  con- 
tested elections  of  judges  of  the  high  court  of  errors  and  appeals,  of 
the  circuit  and  })robate  courts,  and  other  officers. 

Sec.  27.  The  judges  of  the  several  courts  of  this  State,  for  wilful 
neglect  of  duty  or  other  reasonable  cause,  shall  be  removed  by  the 
governor  on  the  address  of  two-thirds  of  both  houses  of  the  legisla- 
ture; the  address  to  be  by  joint  vote  of  both  houses.  The  cause  or 
causes  for  which  such  removal  shall  be  required  shall  be  stated  at 
length  in  such  address,  and  on  the  journals  of  each  house.  The  judge 
so  intended  to  be  removed  shall  be  notihed  and  admitted  to  a  hearing 
in  his  own  defence  before  any  vote  for  such  address  shall  pass;  the 
vote  on  such  address  shall  be  taken  by  yeas  and  nays,  and  entered  on 
the  journals  of  each  house. 

Sec.  2(S.  Judges  of  probate,  clerks,  sheritl's,  and  other  county  officers, 
for  wilful  neglect  of  duty  or  misdemeanor  in  office,  shall  be  liable  to 
])resentment  or  indictment  by  a  grand  jury,  and  trial  by  a  ])etit  juiy, 
and  upon  conviction  shall  be  removed  from  office. 

Akticee  V 

KXECITTIVK    DKI'AIJTM  ENT 

Section  1.  The 'chief  executive  power  of  this  State  shall  be  \'e>ted 
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  i-eturns  of  every  election  for  goveruor  shall  be  sealed 
nj)  and  transmitted  to  the  seat  of  govermnent,  diivcted  to  the  secre- 
tary of  state,  who  shall  deliver  them  to  the  speaker  of  the  house  of 
representatives  at  the  next  ensuing  session  of  the  legislature,  during 
the  first  Aveek  of  which  session  the  said  speaker  shall  open  and  publish 


2058  Mississippi — 1832 

them  in  the  presence  of  both  houses  of  the  le^isLatnre.  The  person 
having  the  highest  number  of  votes  shall  be  governor;  but  if  two  or 
more  shall  be  equal  and  highest  in  votes,  then  one  of  them  shall  be 
chosen  governor  by  the  joint  ballot  of  both  houses  of  the  legislature. 
Contested  elections  for  governor  shall  be  determined  by  both  liouses 
of  the  legislature,  in  such  manner  as  shall  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,  and  shall  not  be  capable  of  holding  the  office  more  than  four 
years  in  any  term  of  six  years. 

Sec.  4.  He  shall,  at  stated  times,  receive  for  his  services  a  compen- 
sation which  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  army  and  navy  of 
this  State,  and  of  the  militia,  except  when  they  shall  be  called  into  the 
service  of  the  United  States. 

Sec.  G.  He  may  require  information  in  writing  from  the  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  different  place  if  that  shall  have  be- 
come, since  their  last  adjournment,  dangerous  from  an  enemy  or  from 
disease;  and  in  case  of  disagreement  between  the  two  houses,  with 
respect  to  the  time  of  adjournment,  adjourn  them  to  such  time  as  he 
shall  think  proper,  not  beyond  the  day  of  the  next  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  consid- 
eration 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  pardons 
and  remit  fines,  and  in  cases  of  forfeiture,  to  stav  the  collection  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  power  to  grant  reprieves,  by  and  with  the  advice  and 
consent  of  the  senate,  but  may  respite  the  sentence  until  the  end  of 
the  next  session  of  the  legislature. 

Sec.  11.  All  commissions  shall  be  in  the  name  and  by  the  authority 
of  the  State  of  Mississippi,  be  sealed  with  the  great  seal,  and  signed 
by  the  governor,  and  be  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  shall  be  called  the  great 
seal  of  the  State  of  Mississippi. 

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  elec- 
tors of  the  State,  and  shall  continue  in  office  during  the  term  of  two 
years.  He  shall  keep  a  fair  register  of  all  the  official  acts  and  i)ro- 
ceedings  of  the  governor,  and  shall,  when  required,  lay  the  same,  and 
all  papers,  minutes,  and  vouchers  relative  thereto,  before  the  legisla- 
ture, and  shall  perform  such  other  duties  as  may  be  required  of  him 
bv  law. 


Mississippi — 1832  2059 

Sec.  15.  Every  bill  which  shall  have  passed  both  houses  of  the  legis- 
lature shall  be  presented  to  the  governor;  if  he  approve  he  shall  sign 
it,  but  if  not  he  shall  return  it,  with  his  objection,  to  the  house  in 
which  it  shall  have  originated,  which  shall  enter  the  objections  at 
large  upon  their  journals  and  i)roceed  to  reconsider  it.  If,  after  such 
reconsideration,  two-thirds  of  the  house  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  with  the  objections,  to  the  other  house,  by  which  it  shall 
likewise  be  reconsidered;  if  a[)proved  by  two-thirds  of  that  honse,  it 
shall  become  a  law.  But  in  such  case  the  vote  of  both  houses  shall  be 
determined  by  yeas  and  nays,  and  the  names  of  the  members  voting 
for  and  against  the  bill  shall  be  entered  on  the  journal  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.  16.  Every  order,  resolution,  or  vote  to  which  the  concurrence 
of  both  houses  may  be  necessary,  except  resolutions  for  the  i)uri)()se  of 
obtaining  the  joint  action  of  both  houses,  and  on  (|uestions  of  adjourn- 
ment, shall  be  presented  to  the  governor,  and  Ind'oi-e  it  shall  take  elfect 
be  approved  by  him,  or,  being  disapproved,  shall  be  repassed  by  both 
houses,  according  to  the  rules  and  limitations  prescribed  in  the  case 
of  a  bill. 

Sec.  17.  Whenever  the  office  of  governor  shall  become  vacant  by 
death,  resignation,  removal  from  office,  or  otherwise,  the  president  of 
the  senate  shall  exercise  the  office  of  governor  until  another  governor 
shall  l)e  duly  qualified;  and  in  case  of  the  death,  resignation,  removal 
from  office,  or  other  disqualification  of  the  president  of  the  senate  so 
exercising  the  office  of  governor,  the  speaker  of  the  house  of  re])resent- 
atives  shall  exercise  the  office  until  the  ))resi(lent  of  the  senate  shall 
have  been  chosen;  and  when  the  office  of  governor,  president  of  the 
senate,  and  speaker  of  the  house  shall  become  vacant,  in  the  recess  of 
the  senate,  the  ])erson  acting  as  secretary  of  state  for  the  time  being 
shall,  by  proclamation,  convene  the  senate,  that  a  ]:)resident  may  be 
chosen  to  exercise  the  office  of  governor. 

Sec.  is.  ^Mien  either  the  president  or  speaker  of  the  house  of  repre- 
sentatives shall  so  exercise  said  office,  he  shall  receive  the  compensa- 
tion of  the  governor  only,  and  his  duties  as  ])resident  or  speaker  shall 
be  suspended,  and  the  senate  or  house  of  rei)resentatives,  as  the  case 
may  be,  shall  fill  the  vacancy  initil  his  duties  as  governor  shall  cease. 

Sec.  11).  A  sheritt',  and  one  or  more  coroners,  a  treasurer,  surveyor, 
and  ranger,  shall  be  elected  in  each  county  by  the  qualified  electors 
thereof,  Avho  shall  hold  their  offices  for  two  years,  unless  sooner  re- 
moved, excei)t  that  the  coroner  shall  hold  his  office  until  his  successor 
be  duly  qualified. 

Sec.  20.  A  State  treasurer  and  auditor  of  jMiblic  accounts  shall  be 
elected  by  the  qualified  electors  of  the  State,  who  shall  liold  ihcir 
offices  for  the  term  of  two  years,  unless  sooner  removed. 

M  ii.niA 

Section  1.  The  legislature  shall  provide  l)y  law  for  organizing  and 
disciplining  the  militia  of  this  State  in  such  maimer  as  they  shall 
deem  expedient,  not  inconq)atil)le  with  the  Constitution  and  laws  of 
the  United  States  in  relation  thereto. 


2060  Mississippi— 18S2 

Sec.  2.  Commissioned  officers  of  the  militia  (stait'-officers  and  the 
officers  of  vohinteer  companies  excepted)  shall  l)e  elected  by  the  per- 
sons liable  to  ])erf()rni  military  duty  and  the  (pialified  electors  within 
their  respective  commands,  and  shall  Ije  connnissioned  by  the  gov- 
ernor. 

Sec.  3.  The  governor  shall  have  power  to  call  forth  the  militia  to 
execute  the  laws  of  the  State,  to  suppress  insurrection,  and  to  repel 
invasion. 

Article  VI 

IMPEACHMENTS 

Section  1.  The  honse  of  representatives  shall  have  the  sole  power 
of  impeaching. 

Sec  2.  All  impeachments  shall  be  tried  by  the  senate.  When  sit- 
ting for  that  purpose,  the  senators  shall  be  on  oath  or  affirmation.  No 
person  shall  be  convicted  without  the  concurrence  of  two-thirds  of 
the  members  present. 

Sec.  3.  The  governor  and  all  civil  officers  shall  be  liable  to  impeach- 
ment for  any  misdemeanor  in  office,  but  judgment  in  such  cases  shall 
not  extend  further  than  to  removal  from  office  and  disqualification  to 
hold  any  office  of  honor,  trust,  or  profit  under  the  State;  but  the 
party  convicted  shall,  nevertheless,  be  liable  and  subject  to  indictment, 
trial,  and  punishment,  according  to  law,  as  in  other  cases. 

Article  VII 
general  provisions 

Section  1.  Members  of  the  legislature,  and  all  officers,  executive 
and  judicial,  before  they  enter  upon  the  duties  of  their  respective 
offices,  shall  take  the  following  oath  or  affirmation,  to  wit :. "  I  do 
solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will  support 
the  Constitution  of  the  United  States,  and  the  constitution  of  the 
State  of  Mississippi,  so  long  as  I  continue  a  citizen  thereof,  and  that 
I  will  faithfully  discharge,  to  the  best  of  my  abilities,  the  duties  of 
the  office  of ^ — ,  according  to  law :  So  help  me  God.'' 

Sec.  2.  The  legislature  shall  pass  such  laws  to  prevent  the  evil 
practice  of  duelling  as  they  may  deem  necessary,  and  may  require  all 
officers,  before  they  enter  \\y)0\\  the  duties  of  their  respective  offices, 
to  take  the  following  oath  or  affirmation:  ''  I  do  solemnly  swear  (or 
affirm,  as  the  case  may  be)  that  I  have  not  been  engaged  in  a  duel, 
by  sending  or  accepting  a  challenge  to  fight  a  duel,  or  bv  fighting  a 
duel,  since  the  first  day  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-three,  nor  will  I  be  so  engaged 
during  my  continuance  in  office :  So  help  me  God." 

Sec.  3.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason,  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act.  or  his  own  confession  in  open 
court. 

Sec.  4.  Every  person  shall  be  disqualified  from  holding  an  office 
or  place  of  honor  or  profit  under  the  authority  of  this  State  who  shall 


Mississippi— 1832  2061 

be  convicted  of  having  given  or  offered  any  bribe  to  secure  his  elec- 
tion. Laws  shall  be  made  to  exclude  from  office  or  suffrage  those  who 
shall  thereafter  be  convicted  of  bribery,  perjur3\  forgery,  or  other 
high  crimes  or  misdemeanors.  The  privilege  of  free  suffrage  shall 
be  supported  by  laws  regulating  elections,  and  prohibiting,  under 
adequate  penalties,  all  undue  influences  therein,  from  power,  bribery, 
tumult,  or  other  improj)er  conduct. 

Sec.  5. -No  pei-son  who  denies  the  being  of  a  (rod,  or  a  future  state 
of  rewards  and  punishments,  shall  liold  any  office  in  the  civil  depart- 
ment of  this  State. 

Sec.  C).  Xo  law  of  a  general  nature,  unless  otherwise  provided  for, 
shall  be  enforced  until  sixty  days  after  the  passage  thereof. 

Sec.  7.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  an  appropriation  made  by  law,  nor  shall  any  appropriation 
of  money  for  the  support  of  an  army  be  made  for  a  longer  term  than 
one  year. 

Sec.  8.  No  money  from  the  treasury  shall  be  appropriated  to  ob- 
jects of  internal  improvement,  unless  the  bill  for  that  purpose  be 
passed  by  two-thirds  of  both  branches  of  the  legislature;  and  a 
regulai'  statement  and  account  of  the  receipts  and  expenditures  of 
public  moneys  shall  be  published  annually. 

Sec.  9.  No  law  shall  ever  be  passed  to  raise  a  loan  of  money  upon 
the  credit  of  the  State,  or  to  pledge  the  faith  of  the  State,  for  the 
redemi)tion  of  any  loan  or  debt,  unless  such  law  be  proposed  in  th<? 
senate  or  house  of  representatives,  and  l)e  agreed  to  by  a  majorit}^  of 
the  meuibers  of  each  house,  and  entered  on  the  journals  with  the  yeas 
and  nays  taken  thereon,  and  be  referred  to  the  next  succeeding  legis- 
lature, aud  published  for  three  months  previous  to  the  next  regular 
election,  in  tliree  newspapers  of  this  State;  and  indess  a  majority  of 
each  branch  of  the  legislature,  so  elected,  after  such  publication,  shall 
agi'ee  to  and  pass  such  a  law ;  and  in  such  case  the  yeas  and  nays 
shall  be  taken  and  entered  on  the  journals  of  each  house:  Prorided, 
That  nothing  in  this  section  shall  be  so  construed  as  to  prevent  the 
legishiture  from  negotiating  a  further  loan  of  one  and  a  half  millions 
of  dollars,  and  vesting  the  same  in  stock  reserved  to  the  State  by  the 
charter  of  the  Planters'  Bank  of  the  State  of  Mississii)pi. 

Sec.  10.  The  legislature  shall  direct,  by  law,  in  what  manner  and  in 
what  courts  suits  nuiy  be  brought  against  the  State. 

Sec.  11.  Absence  on  business  of  this  State,  or  of  the  United  States, 
or  on  a  visit,  or  necessary  private  business,  shall  not  cause  a  forfeiture 
of  citizenship  or  residence  once  obtained. 

Sec.  IjJ.  It  shall  be  the  duty  of  the  legislature  to  regulate,  by  law, 
the  cases  in  which  deductions  shall  be  made  from  salaries  of  public 
officers  for  neglect  of  duty  in  their  official  cai)acity.  and  the  amount  of 
such  deduction. 

Sec.  1H.  No  member  of  Congress,  nor  any  person  holding  any  olli(.-e 
of  profit  or  trust  imder  the  United  States,  (the  office  of  postmaster 
excepted,)  or  any  other  State  of  the  Union,  or  under  any  foreign 
power,  shall  hold  or  exercise  any  office  of  trust  or  profit  under  this 
State. 

Sec.  14.  Religion,  morality,  and  knowledge  being  necessary  to  good 
govenunent.  the  preservation  of  libci'ty.  and  tlie  ha))piness  of  man- 
kind, schools,  and  the  means  of  education,  shall  forever  be  encouraged 
in  this  State. 


2062  Mississip2)i—1832 

Sec.  15.  Divorces  from  the  bonds  of  matrimony  shall  not  be  granted 
but  in  cases  provided  for  by  law,  by  suit  in  chancery. 

Sec.  16.  Returns  of  all  elections  by  the  people  shall  be  made  to  the 
secretary  of  state  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  17.  No  new  county  shall  be  established  by  the  legislature  W'hich 
shall  reduce  the  county  or  counties,  or  either  of  them,  from  which  it 
may  be  taken,  to  less  contents  than  five  hundred  and  sixty-six  square 
miles;  nor  shall  any  new  county  be  laid  oil'  of  less  contents.  . 

Sec.  18.  The  legislature  shall  have  power  to  admit  to  all  the  rights 
and  privileges  of  free  white  citizens  of  this  State  all  such  persons  of 
the  Choctaw  and  Chickasaw  tribes  of  Indians  as  shall  choose  to 
remain  in  this  State,  upon  such  terms  as  the  legislature  may  from  time 
to  time  deem  proper. 

slaves 

Section  1.  The  legislature  shall  have  no  power  to  pass  laws  for  the 
emancii^ation  of  slaves  without  the  consent  of  the  owners,  unless 
where  the  slave  shall  have  rendered  to  the  State  some  distinguished 
service;  in  which  case  the  owner  shall  be  paid  a  full  equivalent  for 
the  slave  so  emancipated.  They  shall  have  no  power  to  prevent  emi- 
grants to  this  State  from  bringing  with  them  such  persons  as  are 
deemed  slaves  by  the  laws  of  any  one  of  the  United  States,  so  long  as 
any  person  of  the  same  age  or  description  shall  be  continued  in  slav- 
ery by  the  laws  of  this  State:  Provided,  That  such  person  or  slave  be 
the  bona-fde  j)roperty  of  such  immigrants:  And  provided  also,  That 
laws  may  be  passed  to  prohibit  the  introduction  into  this  State  of 
slaves  who  may  have  committed  high  crimes  in  other  States.  They 
shall  have  power  to  pass  laws  to  permit  the  owners  of  slaves  to  eman- 
cipate them,  saving  the  rights  of  creditors,  and  preventing  them  from 
becoming  a  public  charge.  They  shall  have  full  power  to  oblige  the 
owners  of  slaves  to  treat  them  with  humanity;  to  provide  for  them 
necessary  clothing  and  provisions;  to  abstain  from  all  injuries  to 
them,  extending  to  life  or  limb ;  and,  in  case  of  their  neglect  or  refusal 
to  comply  with  the  directions  of  such  laws,  to  have  such  slave  or 
slaves  sold  for  the  benefit  of  the  owner  or  owners. 

Sec.  2.  The  introduction  of  slaves  into  this  State  as  merchandise,  or 
for  sale,  shall  be  prohibited  from  and  after  the  first  day  of  May, 
eighteen  hundred  and  thirty-three:  Provided,  That  the  actual  settler 
or  settlers  shall  not  be  prohibited  from  purchasing  slaves  in  any  State 
in  this  Union,  and  bringing  them  into  this  State  for  their  own  indi- 
vidual use,  until  the  year  eighteen  hundred  and  forty-five. 

Sec.  3.  In  the  prosecution  of  slaves  for.  crimes  of  which  the  punish- 
ment is  not  capital,  no  inquest  by  a  gi*and  jury  shall  be  necessary;  but 
the  proceedings  in  such  cases  shall  be  regulated  by  hnv. 

mode  of  revising  the  constitution 

AAlienever  two-thirds  of  each  branch  of  the  legislature  shall  deem 
any  change,  alteration,  or  amendment  necessary  to  this  constitution, 
such  proposed  change,  alteration,  or  amendment  shall  be  read  and 
passed  by  a  majority  of  two-thirds  of  each  house,  respectively,  on 
each  day,  for  three  several  days.  Public  notice  thereof  shall  then  be 
given  by  the  secretary  of  state,  at  least  six  months  preceding  the  next 
general  election,  at  which  the  qualified  electors  shall  vote  directly  for 


Mississippi— 1832  2063 

or  against  .such  change,  alteration,  or  amendment ;  and  if  it  shall 
appear  tliat  a  majority  of  the  qualified  electors  voting  for  members  of 
the  legislature  shall  have  voted  for  tlie  proposed  change,  alteration, 
or  amendment,  then  it  shall  be  inserted  by  the  next  succeeding  legis- 
lature as  a  D'Avi  of  this  constitution,  and  not  otherwise. 

SCHEDFLK 

Section  1.  All  rights  vested,  and  all  liabilities  incurred,  shall 
remain  the  same  as  if  this  constitution  had  not  been  adopted. 

Sec.  2.  All  suits  at  law  or  in  equity,  now  pending  in  the  several 
courts  of  this  State,  may  be  transferred  to  such  courts  as  may  have 
proper  jurisdiction  thereof. 

Sec.  3.  The  governor  and  all  officers,  civil  and  military,  now  hold- 
ing commissions  mider  the  authority  of  this  State,  shall  continue  to 
hold  and  exercise  their  respective  officers  until  they  shall  be  super- 
seded, pursuant  to  the  jjrovisions  of  this  constitution,  and  until  their 
successors  be  duly  qualified. 

Sec.  4.  All  laws  now  in  force  in  the  State,  not  repugnant  to  this 
constitution,  shall  continue  to  operate  until  they  shall  expire  by  their 
own  limitation,  or  be  altered  or  repealed  l)v  the  legislatuiv. 

Sec.  5.  Innnediately  upon  the  adojition  of  this  constitution,  the 
president  of  this  convention  shall  issue  writs  of  election  directed  to 
the  sheriffs  of  the  several  counties,  requiring  them  to  cause  an  elec- 
tion to  be  held  on  the  first  Monday  and  day  following  in  December 
next,  for  members  of  the  legislature,  at  the  respective  places  of  hold- 
ing elections  in  said  counties,  which  elections  shall  be  conducted  in 
the  manner  ])rescribed  by  the  existing  election-laws  of  the  State;  and 
the  members  of  the  legislature  thus  elected  shall  continue  in  office 
until  the  next  general  election,  and  shall  convene  at  the  heat  of  gov- 
ernment on  the  first  Monday  in  January,  eighteen  hundred  and 
thirty-three;  and  shall,  at  their  first  session,  order  an  election  to  be 
held  in  every  county  of  this  State,  on  the  first  Monday  in  May  and 
day  following,  eighteen  hundred  and  thirty-three,  for  all  State  and 
coimty  officers  under  this  constitution,  (members  of  the  legislature 
excepted.)  and  the  other  officers  then  elected  shall  continue  in  office 
until  the  succeeding  general  election  and  after,  in  the  same  manner 
as  if  the  election  had  taken  ])lace  at  the  time  last  aforesaid. 

Sec.  C).  Until  the  fii'st  enumeration  shall  be  made,  as  directed  by 
this  constitution,  the  apportionment  of  senators  and  representatives 
among  the  several  districts  and  counties  in  this  State  shall  remain  as 
at  present  fixed  bv  law. 

P.  KiTii.n  s  \{.  Pi;av.  rn's;<I<„1. 

John    II.  Mam.okv,  AVy/y'^^//'//. 


AMENDMENTS  TO  THE  CONSTITUTION  OF  1832* 

(AiiHMKlniciit    I  ) 

Sec.  2.  The  legislature  shall  have,  and  are  hereby  vested  with 
power  to  i)ass  such  laws  regulating  or  prohibiting  the  introduction  of 
slaves  into  this  State,  as  may  be  deemed  proper  and  expedient. 

[Inserted  by  resolution  apitroved  February  2.  1840.]      See  note,  p.  20(>4. 


2064  Mississippi— 1832 

( AinciKluH'iit    II) 

Art.  IV.  Sec.  20.  The  qualified  electors  of  each  coimty  shall  elect 
five  persons,  by  districts,  for  the  term  of  two  years,  who  shall  consti- 
tute a  board  of  police  for  each  county,  a  majority  of  w^hom  may  trans- 
act business;  which  body  shall  have  full  jurisdiction  over  roads,  high- 
ways, ferries  and  bridges ;  and  all  other  matters  of  county  policy,  and 
shall  order  all  county  elections  to  fill  vacancies  that  may  occur  in  the 
offices  of  their  respective  counties.  Tlie  clerk  of  the  court  of  probate 
shall  be  the  clerk  of  the  board  of  county  police. 

[Inserted  by  act  approved  March  12.  18rj2.]  a 

(Amendment  III) 

The  following  section  to  be  numbered  seven,  added  to  the  schedule, 
and  made  part  of  the  constitution,  to  take  the  place  of  all  conflicting 
provisions  now  contained  in  the  constitution,  to  wit : 

Sec.  7.  All  general  elections  by  the  people  of  this  State  shall  be 
held  on  the  first  Monday  of  October;  and  be  concluded  in  one  day. 
On  the  first  Monday  of  October,  eighteen  hundred  and  fifty-seven, 
and  biennially  thereafter,  an  election  shall  be  held  for  Representa- 
tives in  Congress  and  all  State  officers  and  members  of  the  legislature, 
except  for  officers  and  senators  entitled  to  hold  over  after  November, 
eighteen  hundred  and  fifty-seven,  who  shall  continue  in  office  until 
their  successors  are  entitlecl  to  succeed  them  therein.  The  legislature 
shall  convene  on  the  first  Monday  of  November,  eighteen  hundred  and 
fifty-seven;  and  biennially  thereafter,  but  may  be  specially  convoked 
by  "the  governor  at  other  times.  The  governor's  official  term  shall 
commence  on  the  third  Monday  of  November,  and  that  of  secretary 
of  state,  auditor  of  public  accounts,  state  treasurer,  and  attorney 
general,  on  the  first  Monday  of  January  next  after  his  and  their 
election;  but  the  attorne}^  general  shall  hold  his  office  as  heretofore, 
for  the  term  of  four  years.  On  the  first  Monday  of  October,  eighteen 
hundred  and  fifty-eight,  and  bienniall_y  thereafter,  an  election  shall 
be  held  for  all  county,  district,  judicial  and  ministerial  officers,  (ex- 
cept officers  who  ma}^  then  be  entitled  to  hold  over  after  January, 
eighteen  hundred  and  fifty-nine,  or  until  the  time  of  holding  another 
election.)  and  the  official  terms  of  all  such  officers  then  and  thereafter 
elected,  shall  commence  on  the  first  Monday  of  January  next  after 
this  election;  but  all  such  officers  elected  in  eighteen  hundred  and 
fift3''-five,  or  previously,  whose  official  terms,  in  the  absence  of  this 
provision,  would  expire  in  November,  eighteen  hundred  and  fifty- 
seven,  shall  continue  in  office  until  the  first  Monday  of  January,  eight- 
een hundred  and  fifty-nine. 

[Inserted  by  act  api)roved  February  2.  1856.] 

(Amendment  lY) 

Additional  article  added  as  follows,  to  wit : 

Art.  9.  All  public  officers  in  this  State,  legislative,  executive  and 
judicial,  wdiose  terms  of  office  expire  at  the  general  election  to  be  held 

ffl  See  Journal  of  the  Convention  of  the  State  of  Mississippi,  and  the  act  calling 
the  same ;  with  the  Constitution  of  the  United  Staes.  and  Washingon's  Farewell 
Address.  Puljlished  l)y  order  of  the  Convention.  Jaclison :  Thomas  Palmer, 
Convention  Printer.     1851.     pp.  TO. 


Mississ  ipj)  1—1832  2065 

in  the  year  out'  llioiisaiid  eight  hundred  and  fifty-seven,  or  at  any 
sul).se(}uent  general  election,  shall  continue  to  hold  their  oflices  until 
the  first  Monday  of  January  next  following  the  expiration  of  said 
terms,  and  until  their  successors  shall  be  qualified:  Provided,  such 
of  said  ofiicers  as  are  required  to  give  hond  for  the  discharge  of  their 
duties,  shall  give  bond  and  security  for  said  extended  term,  as  may 
be  provided  by  the  legislature:  and  the  terms  of  office  of  all  officers 
(;hosen  at  the  general  election  in  the  j^ear  eighteen  hundred  and  fifty- 
seven,  or  at  any  sul)seqiuMit  general  election,  shall  commence  on  the 
first  Monda}^  of  January  next  succeeding  the  election,  and  shall  con- 
tinue for  the  time  now  fixed  by  the  constitution,  and  until  their 
successors  shall  be  qualified. 

I  I'l-opojsfd  l).v  act  approved  ^lan-li  2.  1N54.  | 
L  Inserted  \)y  act  ai)proved  February  <>.  ]S5(;.] 

(Aineiidment  \) 

Art.  IV.  Sec.  IC).  Chancery  courts,  with  full  jurisdiction  in  all 
matters  of  equity,  shall  be  held  in  each  judicial  district,  by  the  circuit 
judge  thereof,  at  such  time  and  place  as  nuiy  be  directed  by  law. 
The  superior  court  of  chancery  and  the  several  vice-chancery  courts, 
shall  continue  as  now  organized,  until  the  first  Monday  of  November, 
one  thousand  eight  hiuidred  and  fifty-seven,  for  the  disposition  of 
causes  now  dei)ending  therein.  The  legislature  shall  provide  b}'  law 
for  the  preservation  of  the  records  of  the  said  suj^erior  court  of 
chancery,  aiu4  of  said  vice-chancery  courts,  and  also  for  the  transfer 
of  all  causes  that  may  remain  undetermined  therein,  to  other  courts 
for  final  decision. 

I  Iiiscrtcil  by  act  a]>i>i-MV(Ml  I'"clir\iary  <;.   1sr»(;.l 

(  AllU'lldllHMlt     \'l  I 

That  the  following  Avords  be  and  they  are  hereby  inserted  in  the 
constitution  of  this  State  and  form  a  part  thereof,  to  Avit :  "  That  the 
amendment  to  the  constitution  voted  for  by  a  nuijority  of  the  <|ualilied 
electors  in  this  State  at  the  last  general  election,  known  as  the  temu'c 
of  office  amendment,  and  which  was  added  to  the  constitution  by  an 
act  of  the  legislature  of  this  State,  approved  the  sixth  day  of  Febru- 
ary, eighteen  hundred  and  fifty-six,  be  abrogated,  so  far  as  it  fixes  the 
terms  of  office  of  members  of  the  legislature,  and  in  lieu  thereof  the 
following  section  be  adoi)ted  and  inserted  in  the  constitution:  *  Sec. — . 
The  tei-m  of  office  of  memlu'i's  of  the  legislature  shall  be  for  the  |)erio(l 
now  fixed  l)y  the  constitution,  and  shall  counnence  from  and  aftei- 
their  election,  and  expire  at  the  next  general  election  thereafter  at 
which  their  successors  are  elected.'  " 

Approved,  November  19,  1857. 

( AiiiciMlinciil    \II  ) 

Section  1.  The  institution  of  slavery  having  been  destroyed  in  the 
State  of  Mississipi)i,  neither  slavery  nor  involuntary  servitude  other- 
Avise  than  in  the  piniishment  (d"  crimes,  whereof  the  j)arty  shall  have 
been  duly  c<mvicted.  shall  hereafter  exist  in  this  State:  and  the  legis- 
lature at  its  next  session,  and  hereafter  as  the  public  welfare  may 
72.53— VOL  :*.— 07 16 


20()()  Mississippi— 1832 

require,  shall  provide  by  law  for  the  protection  and  security  of  the 
person  and  i)roperty  of  the  freednien  of  the  State,  and  guard  them 
and  the  State  against  any  evils  that  may  arise  from  their  svulden 
emancipation. 

[Inserted  by  ordinance,  adoptod  and  approved,  August  21,  1805.] 

(Amendment   Vlll) 

First.  That  the  constitution  shall  be  amended  by  abolishing  and 
striking  out  sections  one,  two  and  three  of  article  seven,  under  the 
title  "  slaves,'-  and  amendment  number  one,  approved  February 
second,  eighteen  himdred  and  forty-six,  relative  to  slaves. 

Second.  That  a  provision  in  the  following  language  shall  be  in- 
serted in  the  constitution  as  article  eight,  to  wit :  "  The  institution 
of  slavery  having  been  destroyed  in  the  State  of  Mississippi,  neither 
slaverv  nor  involuntary  servitude,  otherwise  than  in  the  punishment 
of  crimes,  whereof  the  party  shall  have  been  duly  convicted,  shall 
hereafter  exist  in  this  State;  and  the  legislature  at  its  next  session, 
and  thereafter  as  the  public  Avelfare  ma}"  require,  shall  provide  by 
law  for  the  protection  and  security  of  the  person  and  property  of  the 
freedmen  of  this  State,  and  guard  them  and  the  vState  against  any 
evils  that  may  arise  from  their  sudden  emancipation." 

Third.  That  the  twelfth  section  of  the  declaration  of  rights  be 
amended  by  the  insertion  of  the  folloAving  proviso,  to  wit:  Provided. 
That  the  legislature,  in  cases  of  petit  larceny,  assault,  assault  and 
battery,  affray,  riot,  unlawful  assembly,  drunkenness,  vagrancy,  and 
other  misdemeanors  of  like  character,  may  dispense  with  an  inquest 
of  a  grand  jury,  and  may  authorize  prosecutions  before  justices  of  the 
peace,  or  such  other  inferior  court  or  courts  as  may  be  established  by 
the  legislature,  and  the  proceedings  in  such  cases  shall  be  regulated  by 
law." 

Adopted,  August  21,  1865. 

(Amendment  IX) 
An  Ordinance  to  amend  seventh  section  of  the  fourth  article  of  the  constitution. 

Amend  the  seventh  section  of  the  fourth  article  of  the  constitution 
of  the  State,  so  as  to  read  as  follows :  "  The  high  court  of  errors  and 
appeals  shall  be  held  at  least  once  in  each  year,  at  the  seat  of  govern- 
ment, and  at  such  other  place  or  places  in  the  State  as  the  legislature 
may  direct." 

Adopted,  August  23,  1865. 

(Amendment  X) 

An    Ordinance   to   amend   eighteenth    section   of   the   fourth   article   of   the 

Constitution. 

Section  1.  Be  it  ordained  and  declared,  and  it  is  herehy^  ordained 
and  declared.,  That  the  eighteenth  section  of  the  fourth  article  of  the 
Constitution  of  the  State  of  Mississippi,  be  so  amended  as  to  read  as 
follows,  to  wit:  "A  court  of  probates  shall  be  established  in  each 
county  in  this  State,  with  jurisdiction  in  all  matters  testamentary, 
and  of  administration  in  minors'  business,  and  allotment  of  doAver, 


Mississii)in—1832  2067 

in  cases  of  idiocy  and  lunacy,  and  of  persons  non  compos  mentis. 
The  judge  of  said  Court  shall  be  elected  by  the  qualified  electors  of 
the  respective  counties  for  the  term  of  two  years." 
Adopted,  August  23,  1865. 

( AniciKlinciit  XI  i 
All  Ordinance  eoncerninjx  the  compensation  of  members  of  tlie  legislature. 

Section  1.  Be  it  ordained  hy  the  people  of  the  State  of  Mississippi 
in  Conoention  assembled^  That  the  twenty-fifth  section  of  article 
three,  of  the  State  constitution,  so  far  as  it  prohibits  an  increase  of 
the  comjiensation  of  members  of  the  legislature  from  taking  effect 
during  the  session  at  which  it  is  made,  be  and  the  same  is  hereby  sus- 
pended until  after  the  close  of  the  next  session  of  that  body. 

Adopted,  August  23,  18G5. 

( AnicndnicMl  XII) 

An  Ordinance  in  relation  to  the  ordinance  of  secession  and  other  ordinances 
and  resolutions,  ado])ted  by  a  former  convention  held  in  tlie  cit.v  of  .Tacksou 
on  the  seventh  .January,  eighteen  hundred  and  sixty-one.  and  on  the  twentj'- 
hfth  day  of  March,  eighteen  hundred  and  sixty-one. 

Section.  1.  Be  it  ordained  hy  tlie  people  of  tlie  State  of  Mississippi 
in  Con  rent  ion  assembled.  That  an  ordinance  passed  by  a  former  con- 
vention of  the  State  of  Mississippi,  on  the  ninth  day  of  January, 
eighteen  hundred  and  sixty-one,  entitled  "An  ordinance  to  dissolve 
the  union  between  the  State  of  Missi.ssippi  and  other  States  united 
with  her  under  the  compact  entitled,  "  The  Constitution  of  the 
United  States  of  America,'  "  is  hereby  declared  to  be  null  and  void. 

(Amendment  XIII  I  ■•' 

Article  I.  Sec.  12.  So  altered  and  amended  as  to  read :  "  That  no 
]jerson  shall,  for  any  indictable  offence,  be  proceeded  against  crim- 
inally by  infornuttion :  except  in  cases  arising  in  the  land  or  nayal 
forces,  or  in  the  militia  wlieu  in  actual  service,  or  by  leav(>  of  the 
court,  for  misdemeanor  in  office:  Ptorided.  That  the  legislature  in 
case  of  ])etit  larceny,  assault,  assatdt  and  battery,  affray,  riot,  unlaw- 
fid  assembly,  drunkenness,  vagrancy,  and  other  misdemeanors,  of  like 
character,  may  dispense  with  an  inquest  of  a  grand  jui'v,  and  may 
authorize  j)rosecutions  before  justices  of  the  peace,  or  such  other  infe- 
rior court  or  courts  as  may  be  established  by  the  legislating;  and  the 
proceedings  in  such  cases  shall  be  regulated  l)y  law." 

Airr.  ^'III.  So  altered  and  amended  as  to  read:  **  Tlie  institution  of 
slavery  having  been  destroyed  in  the  State  of  Mississippi,  neither 
slavery  nor  involuntary  servitude,  otherwise  than  in  the  punishment 
of  crimes,  whereof  the  ])arty  shall  have  been  duly  convicted,  shall 
hereafter  exist  in  this  v^tate:  and  the  legislature  at  its  next  session, 
and  thereafter  as  the  public  welfare  may  require,  shall  provide  by 
law  for  the  protection  and  security  of  the  person  and  property  of  the 

*  Journal  of  the  Proceedings  and  Debates  in  the  Constitutional  Convention  of 
the  State  of  Mississijipi.  August.  ISC").  By  ordei'  of  the  Cimvention.  .Tacksoii. 
Miss.:  E.  M.  Yerger.  State  Trintei'.  isi;."..  iip.  LMtC.  appendix. 


2068  Mississippi— 1832 

freedmen  of  the  State,  and  guard  them  and  the  State  against  any 
evils  that  may  arise  from  their  sudden  emancipation." 
[Ratified  Auj^nist  21,  ISOn.l 

(Ameiidmeiit  XIV) 

All  Ordinance  in  relation  to  special  courts  of  ecinity. 

Section  1.  Be  it  ordained.  That  the  special  courts  of  equity  here- 
tofore, and  that  may  be  hereafter  established  in  this  State  by  the  pro- 
visional governor  thereof,  be  and  the  same  are  hereby  recognised  to 
be  in  existence,  but  that  in  all  cases  the  right  and  benefit  of  excep- 
tions, bills  of  exceptions,  writs  of  error,  supersedeas  and  appeals  from 
said  court  or  conrts,  to  the  high  court  of  errors  and  appeals,  for  the 
revision  and  judgment  of  the  latter  court,  shall  be  and  are  hereby 
secured  to  any  party  litigant  in  said  court  or  courts,  who  may  desire 
the  same,  as  is  now  provided  for  and  regulated  by  the  laws  of  the 
State  in  cases  of  exceptions,  writs  of  error,  supersedeas  and  appeals 
from  the  circuit  and  chancery  courts  of  this  State  to  the  said  court 
of  errors  and  appeals ;  and  the  said  court  of  errors  and  appeals  shall 
take  cognizance  and  jurisdiction  of  such  cases,  as  in  the  case  of 
appeal  and  writ  of  error  from  the  circuit  and  chancery  courts  of  this 
State:  Provided^  That  such  special  courts  and  the  proceedings  had 
therein,  after  the  courts  known  to  the  constitution  and  laws  of  this 
State  are  established,  shall  not  be  recognised  beyond  the  then  unfin- 
ished and  instituted  business  of  the  same;  and  the  records  and  papers 
of  said  special  courts  shall,  upon  their  expiration,  lie  deposited  in 
the  office  of  the  clerks  of  the  several  circuit  courts  of  this  State,  in 
Avhose  counties  the  said  special  court  or  courts  are,  or  may  be  held, 
for  the  safe-keeping  thereof,  and  may  be  authenticated  thereafter 
as  other  records  of  said  circuit  and  chancery  courts. 

Adopted,  August  23.  1865. 

(Aiuendinent  XV) 
All  Ordinance  to  confer  certain  powers  upon  the  legislature. 

Section  1.  Be  it  ordained.  That  the  legislature  of  this  State  shall 
have  full  and  complete,  ample  and  plenary  power  and  right  to  ascer- 
tain, adjust  and  settle,  any  and  all  pecuniary  liability  and  indebted- 
ness of  this  State,  or  the  citizens  thereof,  to  the  Government  of  the 
United  States  of  America,  under  and  by  reason  of  the  revenue  laws 
of  the  latter,  either  past,  present  or  future;  and  to  provide  by  law 
or  otherwise,  in  such  way  and  manner,  and  on  such  terms  as  the 
Legislature  may,  in  its  opinion,  deem  or  declare  to  be  most  wise, 
judicious,  and  expedient,  for  the  ascertainment,  adjustment,  and 
present  or  ultimate  settlement  and  payment  of  the  same :  hereby  in- 
tending to  confer,  and  actually  conferring  upon  the  legislature  of 
this  State,  full  and  absolute  power,  and  right  to  pledge  and  use  the 
faith  and  credit  of  the  State,  and  to  do  and  perform  Avhatever  is  or 
may  be  necessary,  proper,  or  expedient  in  the  premises  aforesaid. 

Adopted,  August  24,  1865. 


Mississippi— 1S68  2069 


CONSTITUTION  OF  MISSISSIPPI— 1868  -  " 

i'KEAMlJLK 

To  the  end  that  justice  be  established.  pnl)lir  order  maintained, 
and  liberty  perjjetuated,  we.  the  jx'ople  ol'  the  State  of  Mississippi, 
^ratefid  to  Alnii<j:hty  God  for  the  free  exercise  of  the  ri<2:ht  to  choose 
our  own  form  of  <rovernnient.  do  ordain  this  constitution. 

Aktk'lk  1 

RTI.L    OF    HKiHTS 

Section  1.  All  persons  resident  in  this  State,  citizens  of  the  Ignited 
States,  are  hereby  declared  citizens  of  the  State  of  Mississippi. 

Sec.  2.  No  person  shall  be  deprived  of  life,  liberty,  or  property, 
except  by  due  process  of  law. 

Sec.  3.  The  privileo:e  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
[)ended,  unless  when,  in  case  of  rebellion  or  invasion,  the  jmblic  safety 
may  require  it. 

Sec.  4.  The  freedom  of  speech  and  of  the  press  shall  be  held  sacred, 
and  in  all  indictments  for  lil)el  the  jury  shall  determine  the  law  and 
the  facts,  under  the  direction  of  the  court. 

Sec.  5.  Xo  person's  life  or  liberty  shall  \)v  twice  ])laced  in  jeoi)ardy 
for  the  same  offence. 

Sec.  G.  The  right  of  the  people  peaceably  to  assemble  and  jietition 
the  government  on  any  subject  shall  never  be  impaired. 

Sec.  7.  In  all  criminal  prosecutions  the  accused  shall  have  a  right 
to  be  heard  by  himself  or  counsel,  or  both,  to  demand  the  nature  and 
cause  of  the  accusation,  to  be  confronted  by  the  witnesses  against  bun, 
to  have  a  compulsory  process  for  obtaining  witnesses  in  his  favor, 
and  in  all  prosecutions  by  indictment  or  information  a  speedy  and 
public  trial  by  an  impartial  jury  of  the  county  where  the  otfence  was 
committed ;  and  he  shall  not  be  compelled  to  give  evidence  against 
himself. 

Sec.  8.  Cruel  or  unusual  ])unishment  shall  not  be  inflicted,  nor  shall 
excessive  fines  be  im])osed :  excessive  bail  shall  not  be  required,  and 
all  perscms  shall,  before  conviction,  be  bailable  by  sufficient  sureties, 
except  for  capital  offences  when  the  ])roof  is  evident  or  i)resumption 
great. 

Sec.  9.  No  ex  post  facto  hnv.  or  law  impairing  the  obligation  of 
contracts,  shall  ever  be  passed. 

*  Vorifipd  from  "  Tlio  Constitution  of  tiio  T'nited  States  with  ainendnipnts : 
and  the  t-onstitntion  of  the  State  of  Mississippi,  adopted  in  eonvention  l.">th  day 
of  May.  A.  D.  ISCS.  and  ratitied  by  tlie  i)eople  1st  day  of  Deceniher.  A.  1>.  ISC.H. 
Printed  by  order  of  the  Legishiture.  .Iacl;son.  Miss.:  Fisher  iV:  Kiinitali.  Stato 
Printers,  1870."     pp.  2:'.-4!). 

o  This  constitution  was  framed  Ity  a  convention  called  under  the  reconstruction 
acts  of  Congress,  which  met  at  Jackson  January  7.  ISC.S.  and  comploted  its 
labors  May  ir>.  ISC.S.  It  was  submitted  to  the  people  June  L'S.  ISCS.  and  re.jectwl, 
receivins  "r><>.2:n  votes  foi-  ado]  it  ion  airainst  <;:'..st;(i  votes,  but  when  submitted  u 
second  time.  November  MO  and  December  1,  18(J8.  it  was  adoptetl. 


2070  Mississippi — 1S68 

Se(  .  10.  Private  properly  sliall  not  he  taken  i"oi-  piil)lic  use  except 
upon  clue  compensation  first  being  niaile  to  the  owner  or  owners 
thereof  in  a  manner  to  be  provided  for  by  hiw. 

Sec.  11.  There  shall  be  no  imprisonment  for  debt. 
J     Sec.  12.  The  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  13.  No  property  qualification  shall  ever  be  required  of  any 
person  to  become  a  juror. 

Sec.  14.  The  people  shall  be  secure  in  their  persons,  houses,  and 
possessions,  from  unreasonable  seizure  or  search,  and  no  warrant  shall 
be  issued  wnthout  probable  cause,  supported  by  oath  or  affirmation, 
specially  designating  the  place  to  be  searched  and  the  person  or  thing 
to  be  seized. 

Sec.  15.  All  persons  shall  have  a  right  to  keep  and  bear  arms  for 
their  defence. 

Sec.  16.  The  rights  of  married  women  shall  be  protected  by  law  in 
property  owned  previous  to  marriage;  and  also  in  all  property 
acquired  in  good  faith  by  purchase,  gift,  devise,  or  bequest,  after 
marriage:  Pro  ruled,  That  nothing  herein  contained  shall  be  so  con- 
strued as  to  protect  said  property  from  being  applied  to  the  payment 
of  their  lawful  debts. 

Sec.  17.  No  property  qualification  for  eligibility  to  office  shall  ever 
be  required. 

Sec.  18.  No  i)roperty  nor  educational  qualification  shall  ever  be 
required  for  any  person  to  become  an  elector. 

Sec.  19.  There  shall  be  neither  slavery  nor  involuntary  servitude 
in  this  State,  otherwise  than  in  the  punishment  of  crime,  whereof 
the  party  shall  have  been  duly  convicted. 

Sec.  20.  The  right  to  withdraw^  from  the  Federal  Union  on  account 
of  any  real  or  supi:)Osed  grievances  shall  never  be  assumed  by  this 
State,  nor  shall  any  law  be  passed  in  derogation  of  the  paramount 
allegiance  of  the  citizens  of  this  State  to  the  government  of  the 
United  States. 

Sec.  21.  No  public  money  or  moneys  shall  be  appropriated  for 
any  charitable  or  other  public  institutions  in  this  State  making  any 
distinction  among  the  citizens  thereof.  Provided,  That  nothing  herein 
contained  shall  be  so  construed  as  to  prevent  the  legislature  from  ap- 
projDriating  the  school-fund  in  accordance  with  the  article  in  this  con- 
stitution relating  to  public  schools. 

Sec.  22.  No  distinction  shall  ever  be  made  by  law  between  citizens 
and  alien  friends  in  reference  to  the  possession,  enjoyment,  or  descent 
of  property. 

Sec.  23.  No  religious  test  as  a  qualification  for  office  shall  ever  be 
required,  and  no  preference  shall  ever  be  given  by  law  to  any  religious 
sect  or  mode  of  worship,  but  the  free  enjoyment  of  all  religious 
sentiments  and  the  different  modes  of  worship  shall  ever  be  held 
sacred:  Provided,  The  rights  hereby  secured  shall  not  be  construed 
to  justify  acts  of  licentiousness  injurious  to  morals  or  dangerous  to 
the  peace  and  safety  of  the  State. 

Sec.  24.  The  right  of  all  citizens  to  travel  upon  all  jMiblic  con- 
veyances shall  not  be  infringed  u])on  nor  in  anv  mannei-  abridged  in 
this  State. 

Sec.  25.  The  military  sliall  be  in  strict  subordination  to  the  civil 
power. 


}rississij)j)i—lS68  2071 

Sec,  20,  Treason  against  the  State  shall  consist  only  in  lo\vin<i-  war 
against  the  same,  or  in  adhering  to  its  enemies,  giving  them  aid  and 
comfort.  Xo  person  shall  be  convicted  of  treason  nnless  on  the  tes- 
timon}'  of  two  witnesses  to  the  same  overt  act,  or  on  confession  in 
open  court. 

Sec.  27.  No  person's  life  shall  be  perilled  by  the  practice  of  duel- 
ling, and  an}'  person  who  shall  hereafter  fight  a  duel,  or  assist  in 
the  same  as  second,  or  send,  accept,  or  knowingly  carry  a  challenge 
therefor,  or  go  out  of  the  State  to  fight  a  duel,  shall  be  disqualified 
from  holding  any  office  under  this  constitution,  and  shall  forever  be 
disfranchised  in  this  State. 

Sec.  28.  All  courts  shall  be  open,  and  every  person,  for  an  injury 
done  him  in  his  lands,  goods,  person,  or  reputation,  shall  have  remedy 
by  due  course  of  law,  and  right  and  justice  administered  without 
sale,  denial,  or  delay. 

Sec.  29.  No  person  shall  ever  be  elected  or  appointed  to  any  office 
in  this  State  for  life  or  during  good  behavior,  but  the  term  of  all 
offices  shall  be  for  some  specified  period. 

Sec.  30.  No  person  shall  be  debarred  from  })rosecuting  or  defend- 
ing any  civil  cause  for  or  against  him  or  her  self  before  any  tribunal 
in  this  State,  In'  him  or  her  self,  or  counsel,  or  both. 

Sec.  81.  No  person  shall,  for  any  indictable  otfence,  be  proceeded 
against  criminally  by  information,  except  in  cases  arising  in  the  land 
or  naval  forces,  or  the  militia  when  in  actual  service,  or  by  leave  of 
the  court,  for  misdemeanor  in  office:  Prodded^  That  the  legislature, 
in  cases  of  petit  larceny,  assaults,  assault  and  battery,  aft'ray,  riot, 
unlawful  assembly,  drunkenness,  vagrancy,  and  other  misdemeanors 
of  like  character,  nuiy  dispense  with  an  inquest  of  a  grand  jury,  and 
may  authorize  prosecutions  before  justices  of  the  peace  or  such  other 
inferior  court  or  courts  as  may  be  established  by  the  legislature,  and 
the  proceedings  in  such  cases  shall  be  regulated  by  law. 

Sec.  82.  The  enumeration  of  rights  in  this  constitution  shall  not 
be  construed  to  deny  or  impair  others  retained  by  and  inherent  in  the 
people. 

Article  II 

HOINDARIES   or    THE    STATE 

The  limits  and  bomidaries  of  the  State  of  Mississip])i  shall  remain 
as  now  established  by  law. 

Article  III 

niSTIUIU  TION    ol"    I'OWKKS 

Section  1.  The  powers  of  government  of  the  State  of  Mississippi 
shall  be  divided  into  three  distinct  departments,  and  each  of  them 
confided  to  a  separate  magistracy,  to  wit :  Those  which  are  legisla- 
tive to  one;  those  which  are  judicial  to  another:  and  those  which  are 
executive  to  another. 

Sec.  2.  No  ))erson  or  collection  ol"  persons,  being  of  one  of  these 
departments,  shall  exercise  any  power  proi)erly  belonging  to  either 
of  the  others,  except  in  the  instances  hereinafter  expressly  directed  or 
permitted. 


2072  "  Mississipin—186S 

AiriKM,   I \" 
LK<;isi,A  rn  i:   i)Kr.\i;'iMKN  r 

Sectiox  1.  The  legislative  power  of  this  State  shall  be  vested  in 
the  legislature,  which  shall  consist  of  a  senate  and  house  of  repre- 
sentatives. 

Sec.  2.  The  house  of  representatives  shall  consist  of  members  to 
be  chosen  every  second  year  by  the  qualified  electors  of  the  several 
counties. 

Sec.  3.  No  person  shall  be  a  member  of  the  house  of  representatives 
who  shall  not  be  an  elector  under  this  constitution;  and  who  shall 
not,  at  the  time  of  his  election,  have  an  actual  residence  in  the  dis- 
trict he  may  be  chosen  to  represent. 

Sec.  4.  The  senate  shall  consist  of  members  to  be  chosen  ever}'  four 
years  by  the  qualified  electors  of  the  several  districts. 

Sec.  5.  No  person  shall  be  a  senator  who  shall  not  have  attained 
the  age  of  twentj-fiA'e  years,  who  shall  not  have  been  an  inhabitant 
of  the  State  one  year,  and  who  shall  not  have  an  actual  residence  in 
the  district  he  may  be  chosen  to  represent. 

Sec.  6.  The  political  year  shall  begin  on  the  first  Monday  of 
Januar}',  and  the  legislature  shall  meet  annually  on  the  first  Tuesday 
after  first  Monday  in  Januar}^,  at  the  seat  of  govenrment,  unless 
sooner  convened  by  the  governor,  until  altered  by  law. 

Sec.  T.  All  general  elections  shall  be  by  ballot,  and  shall  commence 
and  be  holden  every  two  years,  on  the  first  Tuesday  after  the  first 
Monday  in  November,  until  altered  by  law ;  and  the  electors,  in  all 
cases  except  in  cases  of  treason,  felony,  and  breach  of  the  peace,  shall 
be  privileged  from  arrest  during  their  attendance  of  elections,  and  in 
going  to  and  returning  therefrom. 

Sec.  8.  Election  for  members  of  the  legislature  shall  be  held  in  the 
several  counties  and  districts  as  provided  by  law. 

Sec.  9.  The  governor  shall  issue  writs  of  election  to  fill  such  va- 
cancies as  may  occur  in  either  house  of  the  legislature,  and  the  per- 
sons thereupon  chosen  shall  hold  their  seats  for  the  unexpired  term. 

Sec.  10.  Each  house  shall  appoint  its  own  officers,  and  shall  judge 
of  the  qualifications,  return,  and  election  of  its  own  members. 

Sec.  11.  The  senate  shall  choose  a  president  pro  tempore,  to  act  in 
the  absence  or  disability  of  the  lieutenant-governor. 

Sec.  12.  A  majorit}-  of  each  house  shall  constitute  a  quorum  to  do 
business;  but  a  less  number  may  adjourn  from  daj^  to  day,  and  com- 
pel the  attendance  of  absent  members  in  such  manner  and  under  such 
penalties  as  each  shall  provide. 

Sec.  13.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  Avhich  the  two  houses  shall  be  sitting. 

Sec.  14.  Each  house  may  determine  rules  of  its  oavu  proceedings, 
punish  its  members  for  disorderh'  behavior,  and,  with  the  concurrence 
of  two-thirds  of  the  members  present,  expel  a  member;  but  no  mem- 
ber shall  be  expelled  a  second  time  for  the  same  offence.  They  shall 
each,  from  time  to  time,  publish  a  journal  of  their  proceedings,  except 
such  parts  as  may,  in  their  opinion,  require  secrecy;  and  the  yeas  and 
nays  on  any  question  shall  be  entered  on  the  journal  at  the  request 
of  one-tenth  of  the  members  present:  Proi'ided.  That  the  yeas  and 


}fifisiss)i)i,i—  1S6S  2(  )7:^ 

luiys  shall  ahvays  be  iMitcrcd  on  the  jounial  on  tlic  passajjfc  ol"  :i  hill 
a2)propriating  money. 

Si':c.  1.").  The  doors  of  each  house,  when  in  session,  or  in  coniniitlee 
of  the  Avhole,  shall  be  kept  open,  except  in  cases  -which  ma}^  reqnire 
secrecy;  and  each  house  may  punish  by  fine  and  imprisonment  any 
person  not  a  member  Avho  shall  be  guilty  of  disrespect  to  the  house 
by  any  disorderly  or  contemptuous  l)ehavior  in  their  presence,  or  in 
any  Avay  disturb  their  deliberations  during  the  session ;  but  such 
imprisonment  shall  not  extend  beyond  tlie  final  adjournment  of  that 
session. 

Skc.  10.  No  j^erson  liable  for  public  moneys  unaccounted  for  shall 
be  eligible  to  a  seat  in  either  house  of  the  legislature,  or  to  any  office 
of  profit  or  trust,  until  he  shall  have  accounted  for  and  paid  over  all 
sums  for  Avhich  he  may  have  been  liable. 

Sec.  it.  Xo  person  shall  be  eligible  to  any  office  of  profit  or  trust, 
nor  shall  he  be  ])ermitted  to  exercise  the  right  of  suffrage  within  this 
State,  -who  shall  have  been  convicted  of  bribery,  perjury,  or  other 
infamous  crime. 

Si:('.  18.  Any  person  who  shall  have  been  convicted  of  giving  or 
offering,  directly  or  indirectly,  any  bribe  to  j)rocure  his  election  oi' 
ap]:)ointment,  and  any  person  who  shall  give  or  offer  any  bril)e  to 
procure  the  election  or  appointment  of  any  person  to  office,  shall,  on 
conviction  thereof,  be  disqualified  from  being  an  elector  or  holding 
any  office  of  profit  or  trust  under  the  laws  of  the  State. 

Sec.  11).  Senators  and  representatives  shall  in  all  cases,  except  trea- 
son, felony,  or  breach  of  the  jwace,  be  privileged  from  arrest  during 
the  session  of  the  legislature,  and  for  fifteen  days  before  the  com- 
mencement and  after  the  termination  of  each  session. 

Sec.  20.  The  members  of  the  legislature  shall  severally  receive  from 
the  public  treasury  compensation  for  their  services,  which  may  be 
increased  or  diminished;  but  no  alteration  of  such  compensation  of 
members  shall  take  effect  during  the  session  at  which  it  is  made. 

Sec.  21.  The  legislature  shall  direct  by  law  in  Avhat  courts  and  in 
what  manner  suits  may  be  brought  against  the  State. 

Sec.  22.  The  legislature  shall  not  have  power  to  pass  any  bill  of 
divorce,  but  may  prescribe  l\y  law  the  manner  in  which  cases  shall  be 
investigated  in  the  courts  of  justice,  and  divorces  grantetl. 

Sec.  23.  Bills  may  originate  in  eitlier  house,  and  be  amendetl  or 
rejected  in  the  other,  and  ever}-  bill  shall  be  read  on  three  different 
days,  in  each  house,  unless  two-thirds  of  the  house  where  the  same 
is  pending  shall  dispense  with  the  rules;  and  every  bill,  having 
])assed  both  houses,  shall  be  signed  by  the  president  of  the  senate  and 
the  si)eaker  of  the  house  of  re])resentatives,  in  open  session. 

Sec.  24.  Every  bill  which  has  passed  both  houses  shall  be  presented 
to  the  governor  of  the  State.  If  he  a])proves,  he  shall  sign  it;  but 
if  he  does  not  aj^prove,  he  shall  return  it,  with  his  objections,  to  the 
house  in  which  it  originated,  who  shall  enter  the  objections  at  large 
upon  tlieir  journal,  and  proceed  to  reconsider  it.  If,  after  such  recon- 
sideration, two-thirds  of  that  house  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  with  the  objections,  to  the  other  house,  by  which,  like- 
wise, it  shall  be  reconsidered,  and,  if  apj^roved  by  two-thirds  of  that 
house,  it  shall  become  a  law;  but  in  all  such  ca^^s  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  entereil  on  tlic  journal 


2074  Mississippi—lSeS 

(»f  each  house  respect ively.  11"  any  Mil  shall  not  be  returned  ])y  llic 
governor  within  five  days  (Sunday  excepted)  after  it  has  been  ])re- 
sented  to  him,  it  shall  be  a  law  in  like  manner  as  if  he  had  signed  it, 
unless  the  legislature,  by  adjournment,  prevented  its  return,  in  which 
case  it  shall  be  a  law,  unless  sent  back  within  three  days  after  its 
next  meeting. 

Sec.  25.  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,  shall  be  repassed 
by  two-thirds  of  both  houses,  according  to  the  rules  of  limitation  pre- 
scribed in  all  cases  of  a  bill. 

Sec.  26.  Xo  money  shall  be  drawn  from  the  treasur}'  except  on 
appropriations  made  by  law. 

Sec,  27.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment,  but  two-thirds  of  all  the  members  present  must  concur 
therein.  All  impeachments  shall  be  tried  by  the  senate,  and  when 
sitting  for  that  purpose,  the  senators  ^hall  be  upon  oath  or  affirmation 
to  do  justice  according  to  law  and  evidence. 

Sec.  28.  The  governor  and  all  other  civil  officers  under  this  State 
shall  be  liable  to  impeachment  for  treason,  bribery,  or  any  high  crime 
or  misdemeanor  in  office. 

Sec.  29.  When  the  governor  shall  be  tried,  tlie  chief  justice  of  the 
supreme  court  shall  preside,  and  no  person  shall  be  convicted  without 
the  concurrence  of  two-thirds  of  all  the  senators  present. 

Sec.  30.  Judgment  in  such  cases  shall  not  extend  further  than 
removal  from  office,  and  disqualification  to  hold  any  office  of  honor, 
trust,  or  profit  under  this  State ;  but  the  party  convicted  shall  never- 
theless be  subject  to  indictment,  trial,  judgment,  and  punishment 
according  to  law. 

Sec.  31.  For  reasonable  cause,  which  shall  not  be  sufficient  ground 
of  impeachment,  the  governor  shall,  on  the  joint  address  of  two-thirds 
of  each  branch  of  the  legislature,  remove  from  office  the  judges  of  the 
supreme  and  inferior  courts;  provided  the  cause  or  causes  of  removal 
be  spread  on  the  journal,  and  the  party  charged  be  notified  of  the 
same  before  the  vote  is  finally  taken  and  decided,  and  shall  have  an 
opportunity  to  be  heard  by  himself  or  counsel,  or  both. 

Sec.  32.  The  style  of  the  laws  of  the  State  shall  be.  '"  Be  it  enacted 
by  the  legislature  of  the  State  of  Mississippi^ 

Sec.  33.  The  legislature  shall  provide  for  the  enumeration  of  the 
whole  number  of  inhabitants,  and  of  the  qualified  electors  of  the 
State,  once  in  every  ten  years;  and  the  first  enumeration  shall  be 
ordered  at  the  first  meeting  of  the  legislature  under  this  constitution. 

Sec.  34.  The  number  of  representatives  shall,  at  the  several  periods 
of  making  such  enumeration,  be  apportioned  among  the  several 
counties  or  districts,  according  to  the  number  of  qualified  electors  in 
each,  and  shall  not  be  less  than  one  hundred  nor  more  than  one  hun- 
dred and  twenty. 

Sec.  35.  The  number  of  senators  shall,  upon  each  enumeration 
made,  be  apportioned  according  to  the  number  of  qualified  electors 
in  the  several  districts,  and  shall  never  be  less  than  one-fourth  nor 
more  than  one-third  the  whole  number  of  representatives. 

Sec.  36.  The  senators,  on  being  convened  after  the  first  election, 
shall  be  divided  by  lot  from  their  respective  congressional  districts 


Mississi})p  i —  1 868  2( )  7  o 

into  two  olfisses,  as  nearly  oqual  as  ran  l)o.  and  tho  soat-  (»r  the  first 
class  shall  be  vacated  at  the  expiration  of  the  second  year. 

Sec. 'J7.  The  leo;islatnre  shall  provide  for  the  or<i;anization  of  new 
counties,  locating  connty-seats,  and  changing  county-lines;  but  no 
county  shall  be  organized  nor  the  lines  of  any  county  changed  so  as 
to  include  an  area  of  less  than  four  hundred  nor  more  than  six  hun- 
dred and  twenty-five  square  miles. 

Skc.  38.  Xo  senator  or  representative,  during  the  term  for  which 
he  was  elected,  shall  l)e  appointed  to  any  oflice  of  profit  under  this 
State,  which  shall  have  been  created  or  the  emoluments  of  whicii  have 
been  increased  during  the  time  such  senator  or  representative  was  in 
office,  except  to  such  offices  as  may  be  filled  by  an  election  of  the 
people. 

Sec.  39.  The  legislature  shall  ))rovide  by  law  for  determining  con- 
tested elections. 

ARTicr.K  V 

EXECUTIVE 

Section  1.  The  chief  executive  power  of  this  State  shall  l)e  vested 
in  a  governor,  who  shall  hold  his  office  for  four  years. 

Sec.  2.  The  governor  shall  be  elected  by  the  qualified  electors  of 
the  State.  The  returns  of  every  election  for  governor  shall  be  sealed 
u])  and  ti'ansmitted  to  the  seat  of  government,  directed  to  the  secre- 
tary of  state,  who  shall  deliver  them  to  the  speaker  of  the  house  of 
representatives  at  the  next  ensuing  session  of  the  legislature,  during 
the  first  week  of  which  session  the  said  s])eaker  shall  open  and  pub- 
lish them  in  presence  of  both  houses  of  the  legislature.  The  person 
having  the  highest  number  of  votes  shall  be  governor;  but  if  two  or 
more  sliall  be  equal  and  highest  in  votes,  then  one  of  them  shall  be 
chosen  governor  by  the  joint  ballot  of  both  houses  of  the  legislatnic. 
Contested  elections  for  governor  shall  be  determined  by  both  houses 
of  the  legislature  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  3.  The  governor  shall  be  at  least  thirty  years  of  age,  and 
shall  have  been  a  citizen  of  the  United  States  twenty  years,  and  shall 
have  resided  in  this  State  two  years  next  preceding  the  day  (d'  his 
election. 

Sec.  4.  He  shall  receive  for  his  services  sucli  compensation  as  shall 
be  ]:)rovided  by  law. 

Sec.  5.  He  shall  lie  commander-in-chief  of  the  army  and  na\y  of 
the  State,  and  of  the  militia,  except  wlien  they  shall  be  called  into 
the  sei'vice  of  the  United  States. 

Sec.  C).  He  may  require  infoi'uiation,  in  writing,  from  the  ollicers  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  govermnent,  or  at  a  difl'erent  place,  if  that  shall  have 
become  dangerous  from  an  enemy,  or  from  disease;  and  in  cas(»  of 
disagi-eement  between  the  two  houses  with  resj)ect  to  time  of  adjourn- 
ment, adjourn  them  to  such  time  as  he  shall  think  ])r()pei'.  not  beyond 
the  day  of  the  next  stated  meeting  of  the  legislature. 

Sec.  S.  II(>  shall,  from  time  to  time,  give  the  legi^lature  information 
of  the  state  of  the  government,  and  recounuend  to  their  consideration 
such  measures  as  he  may  deem  necessary  and  ex])edieiit. 


2076  Mississippi— 1868 

Sec.  1>.  It  shall  be  his  (liity  to  see  tliat  the  laws  arc  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  forfeiture  to  stay  the  collection 
until  the  end  of  the  next  session  of  the  legislature,  and  to  remit  for- 
feitures by  and  with  the  consent  of  the  senate.  In  cases  of  treason  he 
shall  have  power  to  grant  reprieves  by  and  with  the  consent  of  the 
senate,  but  may  respite  the  sentence  until  the  end  of  the  next  session 
of  the  legislature. 

Sec.  11.  There  shall  be  a  seal  of  the  State  kept  by  the  governor,  and 
used  by  him  officially,  and  be  called  "  the  Great  Seal  of  the  State  of 
Mississippi." 

Sec.  12.  All  commissions  shall  be  in  the  name  and  by  the  authority 
of  the  State  of  Mississippi,  be  sealed  with  the  great  seal  of  State,  and 
signed  by  the  goA^ernor,  and  be  attested  by  the  secretary  of  state. 

Sec.  13.  All  vacancies  not  provided  for  in  this  constitution  shall  bo 
filled  in  such  manner  as  the  legislature  may  prescribe. 

Sec.  14.  There  shall  be  a  lieutenant-governor,  who  shall  be  elected 
at  the  same  time,  in  the  same  manner,  and  for  the  same  term,  and  shall 
possess  the  same  qualifications  as  the  governor. 

Sec.  15.  He  shall,  by  virtue  of  his  office,  be  president  of  the  senate. 
In  committee  of  the  whole  he  may  debate  on  all  questions,  and  when 
there  is  an  equal  division  in  the  senate,  or  on  a  joint  vote  of  both 
houses,  he  shall  give  the  casting  vote. 

Sec.  16.  He  shall  receive  for  his  services  such  compensation  as  may 
be  provided  by  law. 

Sec.  it.  ^Mien  the  office  of  governor  shall  become  vacant,  by  death 
or  otherwise,  the  lieutenant-governor  shall  possess  the  powers  and 
discharge  the  duties  of  said  office,  and  receive  the  same  compensation 
as  the  governor  during  the  remainder  of  the  said  term.  When  the 
governor  shall  be  absent  from  the  State,  or  unable  from  protracted 
illness  to  perform  the  duties  of  his  office,  the  lieutenant-governor  shall 
discharge  the  duties  of  said  office,  and  receive  said  compensation  until 
the  governor  be  able  to  resume  his  duties;  but  if,  from  disability  or 
otherwise,  the  lieutenant-governor  shall  be  incapable  of  performing 
said  duties,  or  if  he  be  absent  from  the  State,  the  president  of  the 
senate  pj^o  tempore  shall  act  in  his  stead,  but  if  there  be  no  such  presi- 
dent, or  if  he  be  disqualified  by  like  disability,  or  be  absent  from  the 
State,  then  the  speaker  of  the  house  of  representatives  shall  assume 
the  office  of  governor  and  perform  said  duties,  and  receive  the  same 
compensation  as  the  governor,  and  in  case  of  the  inability  of  the 
foregoing  officers  to  discharge  the  duties  of  goA^ernor,  the  secretary 
of  state  shall  couA^ene  the  senate  to  elect  a  president  pro  tempore. 

Sec.  18.  In  case  tlie  election  for  lieutenant-governor  shall  be  con- 
tested, it  shall  be  decided  in  the  same  manner  as  that  of  the  goA-ernor. 

Sec.  19.  The  secretary  of  state  shall  be  elected  by  the  qualified 
electors  of  the  State ;  shall  be  at  least  twenty-fiA^e  years  of  age.  and  a 
citizen  of  the  State  one  year  next  preceding  the  day  of  his  election, 
and  shall  continue  in  office  during  the  term  of  four  years;  he  shall 
keep  a  correct  register  of  all  the  official  acts  and  proceedings  of  the 
goA^ernor;  and  shall,  when  required,  lay  the  same  and  all  papers, 
minutes,  and  vouchers  relatiA^e  thereto  before  the  legislature,  and 
shall  perform  such  other  duties  as  ma}'  be  required  of  him  l)y  laAv. 


]\[ississij)j)i—1868  2077 

Sec.  20.  A  State  treasurer  and  auditor  of- public  accounts  shall  be 
elected  l)y  the  qualified  electors  of  the  State,  who  shall  hold  their  offi- 
ces for  the  term  of  four  years,  unless  sooner  removed,  and  shall  possess 
the  same  qualifications  as  the  secretary  of  state;  and,  together  with 
the  last-named  officer,  shall  receive  such  compensation  as  may  be  pro- 
vided by  hiAv. 

Sec.  21.  A  sherili',  coroner,  treasurer,  assessor,  and  surveyor  shall 
be  elected  in  each  county  by  the  qualified  electors  thereof,  who  shall 
hold  their  offices  for  two  years,  unless  sooner  removed. 

Sec.  22.  All  officers  named  in  this  article  shall  hold  their  offices 
during  the  term  for  which  they  Avere  elected,  unless  removed  by  im- 
])eachment  or  otherAvise,  and  until  their  successors  shall  l)e  duly  quali- 
fied to  enter  on  the  discharge  of  their  separate  duties. 

Aeticle  VI 

judiciary 

Section  1.  The  jucUcial  power  of  the  Stale  shall  be  vested  in  a 
supreme  court,  and  such  other  courts  of  law  and  equity  as  are  herein- 
after i)rovided  for  in  this  constitution. 

Sec.  2.  The  supreme  court  shall  consist  of  three  judges,  who  shall 
be  apj^ointed  by  the  governor,  by  and  with  the  advice  and  consent  of 
the  senate,  any  two  of  Avliom,  when  convened,  shall  form  a  (luoi'um. 
The  legislature  shall  divide  the  State  into  three  districts,  and  tiie 
governor,  by  and  with  the  advice  and  consent  of  the  senate,  shall 
apj)oint  one  judge  for  each  district. 

Sec.  3.  The  office  of  one  of  said  judges  shall  be  vacatetl  in  thre(^ 
years,  one  in  six  years,  and  one  in  nine  years,  so  that  at  the  expiration 
of  every  three  years  one  of  said  judges  shall  be  appointed  as  afore- 
said. The  term  of  office  of  the  judges  of  the  supreme  court  shall  l)e 
nine  years. 

Sec.  4.  The  sui^reme  court  shall  have  no  jurisdiction  l)ut  such  as 
properly  belongs  to  a  supreme  court. 

Sec.  5.  All  vacancies  which  may  occur  in  said  court,  from  death, 
resignation,  or  removal,  shall  be  filled  by  appointment,  as  aforesaid: 
Pror)(h'(U  hoicevei\  That  if  any  vacancy  shall  occur  during  the  recess 
of  the  legislature,  the  governor  shall  aj)point  a  successor,  who  shall 
hold  his  office  until  the  next  meeting  of  the  legislature. 

Sec.  0.  Xo  person  shall  be  eligible  to  the  office  of  judge  of  the 
supreme  court  who  shall  not  have  attained  the  age  of  thirty  years  at 
the  time  of  his  appointment,  and  who  shall  not  have  been  for  two 
years  innnediately  preceding  a  citizen  of  the  State. 

Sec.  7.  The  supreme  court  shall  be  held  twice  in  each  year  at  the 
seat  of  government,  at  such  times  as  the  legislature  may  ])rescribe. 

Sec.  8.  Innnediately  upon  the  first  appointment  of  judges  as  afore- 
said, the  governor,  in  the  presence  of,  and  with  the  assistance  of,  the 
president  of  the  senate  and  secretary  of  state,  shall  deteiMuine,  by  lot, 
which  of  said  judges  shall  serve  for  the  term  of  three  years  and  which 
shall  serve  for  the  term  of  six  years  and  Avhich  shall  serve  for  the 
term  of  nine  years,  and  it  shall  be  the  duty  of  the  governor  to  issue 
commissions  accordingly. 

Sec.  0.  Xo  judge  of  said  court  shall  sit  on  the  trial  of  any  cause 
where  the  parties,  or  eithei-  of  them,  shall  lie  connected  with  him  by 


2078  Mississippi— i  868 

affinity  or  consanguinity,  or  where  he  may  be  interested  in  the  same, 
except  by  the  consent  of  the  judges  and  of  the  parties,  and  whenever 
a  quorum  of  said  court  are  situated  as  aforesaid,  the  governor  of  the 
State  shall,  in  such  cases,  especially  commission  two  or  more  men  of 
law  knoAvledge  for  the  determination  thereof. 

Sec.  10.  The  judges  of  said  court  shall  receive  for  their  services  a 
compensation  to  be  fixed  by  law,  which  shall  not  be  diminished  (hu-ing 
their  continuance  in  office. 

Sec.  11.  The  judges  of  the  circuit  court  shall  be  appointed  by  the 
governor,  with  the  advice  and  consent  of  the  senate,  and  shall  hold 
their  office  for  the  term  of  six  years.  . 

Sec.  12.  No  person  shall  be  eligible  to  the  office  of  judge  of  the  cir- 
cuit court  who  shall  not,  at  the  time  of  his  appointment,  have  attained 
the  age  of  twenty-six  3'ears,  and  shall  have  been  two  years  a  citizen  of 
the  State. 

Sec.  13.  The  State  shall  be  divided  into  convenient  judicial  dis- 
tricts. 

Sec.  14.  Circuit  courts  shall  have  original  jurisdiction  in  all  mat- 
ters, civil  and  criminal,  within  this  State;  but  in  civil  cases  only 
when  the  principal  amount  in  controversy  exceeds  one  hundred  and 
fifty  dollars. 

Sec.  15.  A  circuit  court  shall  be  held  at  least  twice  in  each  year,  and 
the  judges  of  said  courts  may  interchange  circuits  with  each  other,  in 
such  manner  as  may  be  prescribed  by  law,  and  shall  receive  for  their 
services  a  compensation  to  be  fixed  by  law,  which  shall  not  be  dimin- 
ished during  their  continuance  in  office. 

Sec.  1G.  Chancery  courts  shall  be  established  in  each  county  in  the 
State,  with  full  jurisdiction  in  all  matters  in  equity,  and  of  divorce 
and  alimony;  in  matters  testamentary,  and  of  administration  in 
minors'  business,  and  allotment  of  dower,  and  in  cases  of  idiocy, 
lunacy,  and  persons  non  compos  mentis. 

Sec.  17.  The  legislature  shall  divide  the  State  into  a  convenient 
number  of  chancery  districts,  to  be  composed  of  not  more  than  four 
counties.  Chancellors  shall  be  appointed  in  the  same  manner  as  the 
judges  of  the  circuit  courts.  Their  qualifications  shall  be  regulated 
by  law,  and  they  shall  hold  their  office  for  the  term  of  four  years. 
They  shall  hold  a  court  in  each  county  at  least  four  times  in  each 
year,  and  shall  receive  such  compensation  as  mav  be  provided  by  law. 

Sec.  18.  The  style  of  all  process  shall  be,  "The  State  of  Missis- 
siiDpi,"  and  all  jDrosecutions  shall  be  carried  on  in  the  name  and  by 
the  authority  of  the  State  of  Mississippi,  and  shall  conclude,  "  against 
the  peace  and  dignity  of  the  same.'' 

Sec.  19.  The  clerk  of  the  supreme  court  shall  be  appointed  by  said 
court,  for  the  term  of  four  years  and  the  clerk  of  the  circuit  court 
and  the  clerk  of  the  chancery  court  shall  be  elected  by  the  qualified 
voters  of  their  several  counties,  and  shall  hold  their  office  for  the  term 
of  four  years  and  the  legislature  shall  provide  by  law  what  duties 
shall  be  performed  by  the  clerks  of  the  circuit  and  chancery  courts, 
during  vacation,  subject  to  the  approval  of  the  court. 

Sec.  20.  The  qualified  electors  of  each  county  shall  elect  five  per- 
sons, by  districts,  for  the  term  of  two  years,  who  shall  constitute  a 
board  of  suj^ervisors  for  each  county,  a  majority  of  Avhom  may  trans- 
act business,  which  body  shall  have  full  jurisdiction  over  roads,  fer- 
ries and  bridges,  and  shall  order  all  county  elections,  to  fill  vacancies 


Mississippi— 1868  2079 

that  may  arise  in  the  offices  of  their  respective  counties,  and  perform 
such  other  duties  as  shall  he  provided  hy  hnv.  The  clerk  of  the  chan- 
cer}'  court  of  each  county  shall  be  the  clerk  of  such  hoard  of  super- 
visors. 

Skc.  21,  No  person  shall  be  eli^"ible  as  a  member  of  said  board  who 
shall  not  have  resided  one  year  in  the  county;  but  this  qualilication 
shall  not  extend  to  new  counties  as  may  hereafter  be  established, 
until  one  year  after  their  organization,  and  all  vacancies  that  may 
occur  in  said  board  shall  be  sui)plied  by  election  as  aforesaid,  to  the 
unex])ired  term. 

Sec.  22.  Judoes  of  all  the  courts  of  this  State,  and  all  other  civil 
officers,  shall,  by  virtue  of  their  office,  be  conservators  of  the  iK>ace. 
aiul  shall  be,  by  law,  vested  with  amj)le  i)owers  in  that  respect. 

Sec.  23,  A  competent  number  of  justices  of  the  peace  and  consta- 
bles shall  be  chosen  in  each  county,  by  the  qualified  electors  thereof, 
by  districts,  who  shall  hold  their  office  for  the  term  of  two  years. 
The  jurisdiction  of  justices  of  the  peace  shall  be  limited  to  causes  in 
which  the  i)rincipal  of  the  amount  in  controversy  shall  not  exceed  the 
sum  of  I  $150]  one  hundred  and  Hfty  dollars.  In  all  causes  tried  by  a 
justice  of  the  ])eace,  the  ri<jht  of  appeal  shall  l)e  secured,  under  such 
rules  and  re<2;ulations  as  shall  be  prescribed  by  law. 

Sec.  24.  The  legislature  shall,  from  time  to  time,  establish  sucli 
other  inferior  courts  as  may  be  necessary,  and  abolish  the  same  when- 
ever they  shall  deem  it  expedient. 

Sec.  25.  There  shall  be  an  attorney-general  elected  by  the  qualified 
electors  of  the  State,  and  a  competent  number  of  district  attorneys 
shall  be  elected  by  the  (lualified  electors  of  the  res})ective  districts, 
whose  term  of  service  shall  be  four  years,  and  Avhose  duties  and  com- 
pensation shall  l)e  j)rescril)ed  by  law. 

Sec.  2<).  Clerks,  sheriffs,  and  other  county  officers,  for  wilful  neglect 
of  duty  or  misdemeanor  in  office,  shall  be  liable  to  i)resentment  or 
indictment  by  grand  jury,  and  trial  by  petit  jury,  and  upon  convic- 
tion shall  be  removed  from  office. 

Ahthle  VII 

riiANClI  ISK 

SECTn)N  1.  All  elections  l)y  the  people  shall  I)e  by  l)allot. 

Sec.  2.  All  male  inhabitants  of  this  State,  excej^t  idiots  and  insane 
persons,  and  Indians  not  taxed,  citizens  of  the  United  States  or 
natuialized,  tAventy-one  years  old  and  upwards,  who  have  resided  in 
this  State  six  months  and  in  the  county  one  month  next  i)receding  the 
day  of  election,  at  which  said  inhabitant  oilers  to  vote,  and  who  are 
duly  registeivd  according  to  the  re(|uireinents  of  section  three  of  this 
article,  and  who  aiv  not  dis(|ualifie(l  by  reason  of  any  crime,  are 
declared  to  be  (|uali(ied  electors. 

Sec.  ■].  'Vhv  legislatui'e  shall  provide,  by  law,  for  the  registration  of 
all  i)ers()ns  entitled  to  xote  at  any  election,  and  all  persons  entitled  to 
register  shall  take  and  subscribe  to  the  following  oath  or  affirmation: 

''  I, ,  do  solenmly  swear,  [Or  affirm,]  in  the  presence  of 

Almighty  (lod.  that  I  am  twenty-one  years  old;  that  T  have  resided 

in  this  State  six  nu)nths,  and   in  county  one  month;  that    1 

will  faithfully  support   and  obey  the  Constitution  and  laws  of  the 


2080  Mississippi— 1868 

United  States  and  of  the  State  of  Mississippi,  and  Avill  bear  true  faith 
and  allegiance  to  the  same :  So  help  me  God." 

Sec.  4.  Xo  person  shall  be' eligible  to  any  office  of  profit  or  trust, 
or  to  any  office  in  the  militia  of  this  State,  who  is  not  a  qualified 
elector. 

Sec.  5.   |  Expunged.]'' 

Sec.  6.  In  time  of  war,  insurrection,  or  rebellion  the  right  to  vote 
at  such  place  and  in  such  manner  as  shall  be  prescribed  by  law  shall  be 
enjoyed  by  all  persons  otherwise  entitled  thereto,  who  may  be  in  the 
actual  military  or  naval  service  of  the  United  States  or  this  State, 
provided  said  votes  be  made  to  apply  in  the  county  or  precinct 
wherein  they  reside. 

Article   VIII 

SCHOOL-rUND,    EDUCATION,    AND    SCIENCE 

Section  1.  As  the  stability  of  a  republican  form  of  government 
depends  mainly  upon  the  intelligence  and  virtue  of  the  people,  it  shall 
be  the  duty  of  the  legislature  to  encourage,  by  all  suitable  means,  the 
promotion  of  intellectual,  scientific,  moral,  and  agricultural  improve- 
ment, by  establishing  a  uniform  system  of  free  public  schools,  by 
taxation  or  otherwise,  for  all  children  between  the  ages  of  five  and 
twenty-one  years,  and  shall,  as  soon  as  practicable,  establish  schools 
of  higher  grade. 

Sec.  2.  There  shall  be  a  superintendent  of  public  education  elected 
at  the  same  time  and  in  the  same  manner  as  the  governor,  who  shall 
have  the  qualifications  of  the  secretaiy  of  state,  and  hold  his  office  for 
four  years,  and  until  his  successor  shall  be  elected  and  qualified,  whose 
duties  shall  be  the  general  supervision  of  the  common  schools  and 
the  educational  interests  of  the  State,  and  who  shall  j^erform  such 
other  duties  pertaining  to  his  office  and  receive  such  compensation  as 
shall  be  prescribed  by  law ;  he  shall  report  to  the  legislature,  for  its 
adoption,  within  twenty  days  after  the  opening  of  its  first  session 
under  this  constitution,  a  uniform  system  of  free  public  schools. 

oThe  original  constitution  fiirttier  said:  "'That  I  am  not  disfrancliised  in 
any  of  the  provisions  of  tlie  acts  l^nown  as  the  recoustrnction  acts  of  the  SlJtli 
and  40th  Congress,  and  that  I  admit  the  political  and  civil  equality  of  all  men: 
So  help  me  God:'  Provided,  That  if  Congress  shall,  at  any  time,  remove  the  dis- 
abilities of  any  person  disfranchised  in  the  said  reconstruction  acts  of  the  said 
oOth  and  40th  Congress,  (and  the  legislature  of  this  State  shall  concur  therein,) 
then  so  much  of  this  oath,  and  so  much  only,  as  refers  to  the  said  reconstruc- 
tion acts,  shall  not  l)e  required  of  such  person,  so  pardoned,  to  entitle  him  to  be 
registered." 

6  This  was  in  the  original  constitution  :  "  No  person  shall  be  eligible  to  any 
office  of  profit  or  trust,  civil  or  military,  in  the  State,  who,  as  a  member  of  the 
legislature,  voted  for  the  call  of  the  convention  that  passed  the  ordinance  of 
secession,  or  who,  as  a  delegate  to  any  convention,  voted  for  or  signed  any 
ordinance  of  secession,  or  who  gave  voluntary  aid,  countenance,  counsel,  or 
encouragement  to  persons  engaged  in  armed  hostility  to  the  United  States,  or 
who  accepted  or  attempted  to  exercise  the  functions  of  any  office,  civil  or  mili- 
tary, under  any  authority  or  pretended  government,  authority,  power,  or  con- 
stitution, within  the  United  States,  hostile  or  inimical  thereto,  except  all  persons 
who  aided  reconstruction  by  voting  for  this  convention,  or  who  have  continu- 
ously advocated  the  assembling  of  this  cnventlon.  and  shall  continuously  and  in 
good  faith  advocate  the  acts  of  the  same;  but  the  legislature  may  remove  such 
disability:  Provided.  That  nothing  in  this  section,  except  voting  for  or  signing 
the  ordinance  of  secession,  shall  be  so  construed  as  to  exclude  from  office  the 
private  soldier  of  the  late  so-called  Confederate  States  army." 


Mississipin—1868  2081 

Sec.  3.  There  shall  bo  a  board  of  education,  consisting  of  the  secre- 
tar}'  of  state,  the  attorney-general,  and  the  superintendent  of  public 
education,  for  the  management  and  investment  of  the  school-funds, 
under  the  general  direction  of  the  legislature,  and  to  perform  such 
other  duties  as  may  be  prescribed  by  law.  The  suj^erintendent  and 
one  other  of  said  board  shall  constitute  a  quorum. 

Sec.  4.  There  shall  be  a  superintendent  of  j^ublic  education  in  each 
county,  who  shall  be  appointed  by  the  board  of  education,  by  and 
with  the  advice  and  consent  of  the  senate,  whose  term  of  office  sliall 
be  two  years,  and  Avhose  compensation  and  duties  shall  l)e  prescribed 
by  law:  Provided.^  That  the  legislature  shall  have  power  to  make 
said  office  of  county-school  superintendent  of  the  several  counties 
elective,  as  other  county  officers  are. 

Sec.  5.  A  public  school  or  schools  shall  be  maintained  in  each 
school-district  at  least  four  months  in  each  year.  Any  school-district 
neglecting  to  maintain  such  school  or  schools  shall  be  deprived  for 
that  year  of  its  proportion  of  the  income  of  the  free-school  fund,  and 
all  funds  arising  from  taxes  for  the  support  of  schools. 

Sec.  6.  There  shall  be  established  a  common-school  fund,  which 
shall  consist  of  the  proceeds  of  the  lands  now  belonging  to  the  State, 
heretofore  granted  by  the  United  States,  and  of  the  lands  known  as 
"  swamp-lands,"  except  the  swamp-lands  lying  and  situated  on  Pearl 
River,  in  the  counties  of  Hancock,  Marion,  Lawrence,  Simpson,  and 
Copiah,  and  of  all  lands  now  or  hereafter  vested  in  the  State  by 
escheat  or  ])urchase  or  forfeiture  for  taxes,  and  the  clear  proceeds  of 
all  fines  collected  in  the  several  counties  for  any  breach  of  the  penal 
laAvs,  and  all  moneys  received  for  licenses  granted  under  the  general 
laws  of  the  State  for  the  sale  of  intoxicating  liquor  or  keeping  of 
dram-shops,  all  moneys  paid  as  an  equivalent  for  persons  exempt 
from  military  duty,  and  the  funds  arising  from  the  consolidation  of 
the  congressional-township  fund  and  the  lands  belonging  thereto, 
together  with  all  moneys  donated  to  the  State  for  school  purposes, 
which  funds  shall  be  securely  invested  in  United  States  bonds  and 
remain  a  perpetual  fund,  which  may  l)e  increased  but  not  diniinislied, 
the  interest  of  which  shall  be  inviolably  appropriated  for  the  sup])ort 
of  free  schools. 

Sec.  7.  The  legislature  may  levy  a  poll-tax  not  to  exceed  two  dollars 
a  head  in  aid  of  the  school-fund,  and  for  no  other  purpose. 

Sec.  8.  The  legislature  shall,  as  soon  as  practicable,  provide  for  the 
establishment  of  an  agricultural  college  or  colleges;  and  shall  appro- 
priate the  two  hundred  and  ten  thousand  acres  of  land  donated  to 
the  State  for  the  su])port  of  such  a  college,  by  the  act  of  Congress 
passed  July  2,  A.  D.  1805,  or  the  money  or  scrip,  as  tlie  case  may  be, 
arising  from  the  sale  of  said  lands  or  any  lands  which  may  hereafter 
be  granted  or  ap|)ropriated  for  such  purpose. 

Sec.  0.  Xo  religious  sect  or  sects  shall  ever  control  any  pari  of  the 
school  or  university  funds  of  this  State. 

Sec.  10.  The  legislature  shall  from  time  to'  time,  as  may  be  neces- 
sary, provide  for  the  levy  and  collection  of  such  other  taxes  as  may 
be  required  to  ]n-operly  support  the  system  of  free  schools  herein 
adopted;  and  all  school-funds  shall  be  divided  pro  rata  among  the 
children  of  school  ages. 
72.53— VOL  :3— 07 17 


2082  Mississippi— 1868 

Article  IX 

MILITIA 

Section  1.  All  able-bodied  male  citizens  of  the  State,  between  the 
ages  of  eighteen  and  forty-five  years,  shall  be  liable  to  military  duty 
in  the  militia  of  this  State,  in  such  manner  as  the  legislature  shall 
provide,  not  incompatible  with  this  constitution  and  the  Constitution 
and  laws  of  the  United  States. 

Sec.  2.  The  legislature  shall  provide  for  the  organizing,  arming, 
equipping,  and  discipline  of  the  militia,  and  for  paying  the  same 
when  called  into  active  service. 

Sec.  3.  It  shall  be  the  duty  of  the  first  legislature  to  make  such 
laws  as  shall  be  necessary  to  immediately  create  an  effective  militia 
in  this  State. 

Sec.  4.  All  officers  of  militia,  except  non-commissioned  officers,  shall 
be  appointed  by  the  governor,  by  and  with  the  consent  of  the  senate, 
and  shall  be  chosen  for  their  military  knowledge,  their  experience 
in  arms,  and  their  fidelity  and  loyalty;  and  no  commissioned  officer 
shall  be  removed  from  office  except  by  the  senate,  on  recommendation 
of  the  governor,  stating  the  grounds  on  which  such  removal  is  recom- 
mended, or  by  the  decision  of  a  court-martial,  jDursuant  to  law,  or 
at  his  own  request. 

Sec.  5.  The  governor  shall  be  commander-in-chief  of  the  militia, 
except  when  it  is  called  into  the  service  of  the  United  States ;  and  shall 
have  power  to  call  forth  the  militia  to  execute  the  laws,  repel  invasion, 
and  to  suppress  riots  and  insurrections. 

Sec.  6.  The  governor  shall  nominate,  and,  by  and  with  the  consent 
of  the  senate,  commission  one  major-general  for  the  State,  who  shall 
be  a  citizen  thereof ;  and  also  one  brigadier-general  for  each  congres- 
sional district,  who  shall  be  a  resident  of  the  district  for  which  he 
shall  be  appointed;  and  each  district  shall  constitute  a  militia 
division. 

Sec.  7.  The  adjutant-general,  and  other  staff-officers  to  the  com- 
mander-in-chief, shall  be  appointed  by  the  governor,  and  their  ap- 
pointment shall  expire  with  the  governor's  term  of  office. 

Sec.  8.  The  militia  shall  be  exempt  from  arrest  during  their  attend- 
ance on  musters,  and  in  going  to  and  returning  from  the  same,  except 
in  case  of  treason,  felony,  or  breach  of  the  peace. 

Asticle  X 

INTERNAL   IMPROVEMENTS 

The  legislature,  at  its  first  regular  session  after  the  adoption  of  this 
constitution,  shall  provide  for  the  organization  of  a  board  of  public 
works,  prescribe  its  duties,  fix  the  compensation  of  its  members,  and 
all  officers  employed  upon  public  works  in  this  State. 


Mississippi— 1868  2083 

Article  XI 

APPORTIONMENT 

Section  1.  Until  the  first  enumeration  and  a  new  apportionment 
shall  be  made  as  provided  and  directed  in  this  constitution,  the  appor- 
tionment of  senators  and  representatives  among  the  several  counties 
and  districts  in  this  State  shall  be  as  follows : 

1st.  The  county  of  Warren,  five  representatives. 

2d.  The  counties  of  Hinds  and  Lowndes,  each  four  representatives. 

3d.  The  counties  of  Adams,  Carroll,  De  Soto,  Holmes,  Madison, 
Marshall,  Monroe,  Noxubee,  Washington,  and  Yazoo,  each  three  rep- 
resentatives. 

4th.  The  counties  of  Attala,  Chickasaw,  Choctaw,  Claiborne,  Co- 
piah, Jefi'erson,  La  Fayette,  Lauderdale,  Pontotoc,  Oktibbeha,  Panola, 
Tippah,  Wilkinson,  Yalobusha,  Tishomingo,  and  Rankin,  each  two 
representatives. 

5th.  The  counties  of  Amite,  Bolivar,  Calhoun,  Clarke,  Franklin, 
Issaquena,  Itawamba,  Jasper,  Kemper,  Lawrence,  Leake,  Lee,  Pike, 
Sunflower,  Scott,  Tallahatchee,  Winston,  Simpson,  Coahoma,  Tunica, 
Newton,  Neshoba,  Covington,  Smith,  Wayne,  Davis,  Greene,  Jackson, 
Hancock,  Marion,  Harrison,  and  Perry,  each  one  representative. 

Sec.  2.  1st.  The  counties  of  Hancock,  Harrison,  Jackson,  Marion, 
Greene,  and  Perry,  shall  form  the  first  district,  and  elect  one  senator. 

2d.  The  counties  of  Wilkinson  and  Amit'e,  the  second  district,  and 
one  senator. 

3d.  The  counties  of  Pike,  Lawrence,  and  Covington,  the  third  dis- 
trict, and  one  senator. 

4th.  The  county  of  Adams,  the  fourth  district,  and  one  senator. 

5th.  The  counties  of  Franklin  and  Jefterson,  the  fifth  district,  and 
one  senator. 

6th.  The  counties  of  Chiiborne  and  Copiah,  the  sixth  district,  and 
one  senator. 

7th.  Te  counties  of  Warren  and  Issaquena,  the  seventh  tlislricl,  and 
two  senators. 

8th.  The  counties  of  Hinds,  Kankin,  and  Simpson,  the  eighth  dis- 
trict, and  tAvo  senators. 

0th.  The  counties  of  Davis,  Jones,  Jasper,  Clarke,  and  Wayne,  the 
ninth  district,  and  one  senator. 

10th.  The  counties  of  Lauderdale  and  Kemjjer,  the  tenth  district, 
and  one  senator. 

11th.  The  counties  of  Newton,  Smith,  and  Scott,  tlie  eU-venth  dis- 
trict, and  one  senator. 

12th.  The  comity  of  Madison,  the  twelfth  district,  and  one  senator. 

13th.  The  county  of  Yazoo,  the  thirteenth  district,  and  one  senator. 

14th.  The  counties  of  Washington  and  Sunflower,  the  fourteenth 
district,  and  one  senator. 

15th.  The  county  of  Holmes,  the  fifteenth  district,  and  one  senator. 

KUh.  The  counties  of  Attala,  Leake,  and  Neshoba,  the  sixteenth 
district,  and  one  senator. 

17th.  The  county  of  Noxubee,  the  seventeenth  district,  and  one 
senator. 

18th.  The  counties  of  Lowndes  and  Oktibbeha,  the  eighteenth  dis- 
trict, and  two  senators. 


2084  Mississippi— 1868 

IDth.  The  counties  of  Choctaw  and  Winston,  the  nineteenth  dis- 
trict, and  one  senator. 

•20th.  The  county  of  Carroll,  the  twentieth  district,  and  one  senator. 

21st.  The  counties  of  Calhoun  and  Yalobusha,  the  twenty-first  dis- 
trict, and  one  senator. 

22d.  The  counties  of  Chickasaw  and  Monroe,  the  twenty-second  dis- 
trict, and  two  senators. 

2fkl.  The  counties  of  Bolivar,  Coahoma,  and  Tunica,  the  twenty- 
third  district,  and  one  senator. 

24th.  The  counties  of  Panola  and  Tallahatchee,  the  twenty-fourth 
district,  and  one  senator. 

25th.  The  county  of  De  Soto,  the  tAventy-fifth  district,  and  one 
senator. 

2Gth.  The  county  of  Marshall,  the  twenty-sixth  district,  and  one 
senator. 

2Tth.  The  counties  of  La  Fayette  and  Pontotoc,  the  twenty-seventh 
district,  and  one  senator. 

28th.  The  counties  of  Tishomingo  and  Itawamba,  the  twenty- 
eighth  district,  and  one  senator, 

29th.  The  counties  of  Tippah  and  Lee,  the  twenty-ninth  district, 
and  one  senator. 

Article  XII 

GENERAL    PROVISIONS 

Section  1.  The  political  year  of  the  State  of  Mississippi  shall  com- 
mence on  the  first  Monday  of  January  in  each  year,  and  the  general 
election  shall  be  holden  on  the  first  Tuesday  succeeding  the  first  Mon- 
day in  November,  biennially. 

Sec.  2.  The  legislature  shall  pass  laws  to  exclude  from  office  and 
from  suffrage  those  who  shall  hereafter  be  convicted  of  bribery,  per- 
jury, forgery,  or  other  high  crimes  or  misdemeanors;  and  every  per- 
son shall  be  disqualified  from  holding  any  office,  or  place  of  honor, 
profit,  or  trust  under  the  authority  of  this  State,  who  shall  be  con- 
victed of  having  given  or  offered  any  bribe  to  procure  his  election  or 
appointment. 

Sec.  3.  No  person  who  denies  the  existence  of  a  Supreme  Being 
shall  hold  any  office  in  this  State. 

Sec.  4.  The  legislature  shall  provide  by  law  for  the  indictment  and 
trial  of  persons  charged  with  the  commission  of  any  felony,  in  any 
county  other  than  that  in  which  the  offence  was  committed,  whenever 
owing  to  prejudice,  or  any  other  cause,  an  impartial  grand  or  petit 
jury  cannot  be  impanelled  in  the  county  in  which  the  offence  was 
committed. 

Sec.  5.  The  credit  of  the  State  shall  not  be  pledged  or  loaned  in  aid 
of  any  person,  association,  or  corporation;  nor  shall  the  State  here- 
after become  a  stockholder  in  any  corporation  or  association. 

Sec.  6.  The  term  of  office  of  all  county,  township,  and  precinct 
officers  shall  expire  within  thirty  days  after  this  constitution  shall 
have  been  ratified,  and  the  governor  shall,  by  and  with  the  advice  and 
consent  of  the.  senate,  thereafter  appoint  such  officers,  whose  term  of 
office  shall  continue  until  the  legislature  shall  provide  by  law  for  an 
election  of  said  officers:  Provided,  The  present  incumbents  of  all 


Mississippi— 1868  2085 

count}',  township,  district,  and  beat  officers  shall  hold  their  respective 
offices  until  their  successors  are  legally  appointed  or  elected  and  duly 
qualified. 

Sec.  7.  In  all  cases  not  otherwise  provided  for  in  this  constitution, 
the  legislature  may  determine  the  mode  of  filling  all  vacancies  in 
all  offices,  and  shall  define  their  respective  powers,  and  provide  suit- 
able comj^ensation  for  all  officers. 

Sec.  8.  The  legislature,  at  its  first  session,  shall  provide  by  law  for 
the  sale  of  all  delinquent  tax  lands.  The  courts  shall  apply  the  same 
liberal  principles  in  favor  of  such  titles  as  in  sale  by  execution. 

Sec.  9.  No  laws  of  a  general  nature,  unless  otherwise  provided  for, 
shall  be  enforced  until  sixty  days  after  the  passage  thereof. 

Sec.  10.  It  shall  be  the  duty  of  the  legislature  to  regulate,  by  law, 
the  cases  in  which  deductions  shall  be  made  from  salaries  of  public 
officers  for  neglect  of  duty  in  their  official  capacity,  and  the  amount 
of  said  deduction. 

Sec.  11.  The  legislature,  at  its  first  session  under  this  constitution, 
shall  have  authorit}^  to  designate,  by  law,  such  loyal  pa]Der  or  papers, 
in  each  circuit-court  district,  as  shall  publish  all  legal  advertising, 
and  such  official  printing  as  shall  be  required  by  law  in  such  circuit- 
court  district,  and  fix  the  compensation  therefor. 

Sec.  12.  Xo  corporate  body  shall  hereafter  be  created,  renewed,  or 
extended,  with  the  privilege  of  making,  issuing,  or  putting  in  circula- 
tion, anv  notes,  bills,  or  other  paper,  or  the  paper  of  any  other  bank, 
to  circulate  as  money;  and  the  legislature  shall  prohibit,  by  law, 
individuals  or  corporations  from  issuing  bills,  checks,  tickets,  promis- 
sory notes,  or  other  papers,  as  money.  But  nothing  herein  contained 
shall  be  constiMied  as  preventing  corjiorations  or  associations  from 
forming  for  such  purposes  under  the  acts  of  Congress  for  a  national 
system  of  banking. 

Sec.  13.  The  property  of  all  corporations  for  ]")ecuniary  profits  shall 
be  subject  to  taxation,  the  same  as  that  of  individuals. 

Sec.  14.  The  legislature  shall  not  authorize  any  county,  city,  or 
town  to  become  a  stockholder  in,  or  to  lend  its  credit  to,  any  company, 
association,  or  corporation,  unless  two-thirds  of  the  qualified  voters 
of  such  county,  city  or  town,  at  a  special  election,  or  regular  election, 
to  be  held  therein,  shall  assent  thereto. 

Sec.  15.  The  legislature  shall  never  authorize  any  lottery,  nor  sliall 
the  sale  of  lottery  tickets  be  allowed,  nor  shall  any  lottery  heretofore 
authorized  be  permitted  to  be  drawn,  or  tickets  therein  to  be  sold. 

Sec.  K).  Xo  county  shall  be  denied  the  right  to  raise,  by  special 
tax,  money  sufficient  to  pay  for  the  building  and  repairing  of  court- 
houses, jails,  bridges,  and  other  necessary  conveniences  for  the  ]:)eopIc 
of  the  county;  and  money  thus  collected  shall  never  be  approj^riated 
for  any  other  ]:)urpose :  P/'orided,  The  tax  thus  levied  shall  be  a  certain 
per  cent,  on  all  tax  levied  by  the  State. 

Sec.  17.  Liabilities  of  banks,  associations,  and  other  corporations 
shall  be  secured  by  legislative  enactments;  but  in  all  cases  no  stock- 
holder shall  be  individually  liable  over  and  above  the  stock  by  him 
or  her  owned,  unless  so  specified  in  the  articles  of  association  or  act 
of  incorporation. 

Sec.  18.  All  lands  sold  in  pursuance  of  decree  of  courts  or  execu- 
tion shall  be  divided  into  tracts  not  to  exceed  one  hundred  and  sixty 
acres. 


2086  Mississippi— 1868 

Sec.  19.  Returns  of  all  elections  by  the  people  shall  be  made  to  the 
secretary  of  state  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  20.  Taxation  shall  be  equal  and  uniform  throughout  the  State. 
All  property  shall  be  taxed  in  proportion  to  its  value,  to  be  ascertained 
as  directed  by  law. 

Sec.  21.  The  State  of  Mississippi  shall  never  assume  nor  pay  any 
debt  or  obligation  contracted  in  aid  of  the  rebellion,  nor  shall  this 
State  ever,  in  any  manner,  claim  from  the  United  States  or  make  any 
allowance  or  compensation  for  slaves  emancipated  or  liberated  in  any 
way  whatever  since  the  9th  day  of  January,  1861. 

Sec.  22.  All  persons  who  have  not  been  married,  but  are  now  living 
together,  cohabiting  as  husband  and  wife,  shall  be  taken  and  held,  for 
all  purposes  in  law,  as  married,  and  their  children,  whether  born 
before  or  after  the  ratification  of  this  constitution,  shall  be  legitimate, 
and  the  legislature  may,  by  law,  punish  adultery  and  concubinage. 

Sec.  23.  There  shall  be  a  commissioner  of  immigration  and  agricul- 
ture, who  shall  be  elected  by  the  legislature  on  joint  ballot,  who  shall 
hold  his  office  for  the  term  of  four  years  unless  sooner  removed 
by  law. 

Sec.  24.  The  next  legislature  shall  have  power  to  repeal  statutes  of 
limitation,  pass  relief,  stay,  injunction,  insolvent,  and  homestead  laws, 
and  to  pass  any  and  every  act  deemed  necessary  for  the  relief  of 
debtors,  subject  only  to  the  restrictions  imposed  by  the  Constitution 
of  the  United  States. 

Sec.  25.  Representatives  in  Congress  to  fill  the  existing  vacancies 
shall  be  elected  at  the  same  time  this  constitution  is  submitted  to  the 
electors  of  the  State  for  ratification,  and  for  the  full  term  next  suc- 
ceeding their  election,  and  thereafter  elections  for  Representatives  in 
Congress  shall  be  held  biennially.  The  first  election  shall  be  held  on 
the  first  Tuesday  after  the  first  Monday  in  November  preceding  the 
expiration  of  said  full  term. 

Sec.  26.  Members  of  the  legislature,  and  all  other  officers  elected  or 
appointed  to  any  office  in  this  State,  shall,  before  entering  upon  the 
discharge  of  the  duties  thereof,  take  and  subscribe  the  following 
oath  of  office : 

OATH    OF  OFFICE 

"  I, ,  do  solemnly  swear  [or  affirm]  that  I  will  faith- 
fully support  and  true  allegiance  bear  the  Constitution  of  the  United 
States,  and  the  State  of  Mississippi,  and  obey  the  laws  thereof ;  that 
I  am  not  disqualified  from  holding  office  by  the  Constitution  of  the 
United  States  or  the  State  of  Mississippi  {  that  I  have  never,  as  a 
memljer  of  any  convention,  voted  for  or  signed  any  ordinance  of 
secession;  that  I  have  never,  as  a  member  of  any  State  legislature, 
voted  for  the  call  of  any  convention  that  passed  any  such  ordinance; 
that  I  wall  faithfully  discharge  the  duties  of  the  office  upon  which 
I  am  about  to  enter.  So  help  me  God." 

Sec.  27.  It  shall  be  the  duty  of  the  legislature  to  provide  by  law 
for  the  support  of  institutions  for  the  education  of  the  deaf,  dumb, 
and  blind  and  also  for  the  treatment  and  care  of  the  insane. 

Sec.  28.  The  legislature  shall  provide  houses  of  refuge  for  the 
correction  and  reformation  of  juvenile  offenders. 


Mississippi— 1868  2087 

Sec.  29.  The  county  boards  shall  have  power  to  provide  farms  as 
an  asylum  for  those  persons  who.  by  reason  of  age,  infirmity,  or  other 
misfortune,  may  have  claims  upon  the  sympathy  and  aid  of  society. 

Article  XIII 

ORDINANCE  AND  SCHEDULE 
MODE  OF  REVISING   THE  CONSTITUTION 

Wlienever  t«\'o-thirds  of  each  branch  of  the  legislature  shall  deem 
any  change,  alteration,  or  amendment  necessary  to  this  constitution, 
such  proposed  change,  alteration,  or  amendment  shall  be  read  and 
passed  by  a  two-thirds  vote  of  each  house,  respectively,  on  each  day 
for  three  several  days;  jjublic  notice  shall  then  be  given  by  the 
secretary  of  state  at  least  three  months  preceding  the  next  general 
election,  at  which  the  qualified  electors  shall  vote  directly  for  or 
against  such  change,  alteration,  or  amendment;  and  if  more  than 
one  amendment  shall  be  submitted  at  one  time,  they  shall  be  sub- 
mitted in  such  manner  and  form  that  the  people  may  vote  for  or 
against  each  amendment  separately;  and  if  it  shall  appear  that  a 
majority  of  the  qualified  electors  voting  for  members  of  the  legisla- 
ture shall  have  voted  for  the  proposed  change,  alteration,  or  amend- 
ment, then  it  shall  be  inserted  by  the  next  succeeding  legislature  as 
a  part  of  this  constitution,  and  not  otherwise:  Prorided,  That  no 
amendment  which  may  be  made  prior  to  the  year  one  thousand  eight 
hundred  and  eighty-five  shall  in  any  manner  affect  the  eighteenth 
section  of  the  bill  of  rights. 

SCHEDULE 

Section  1.  The  ordinance  of  secession  of  the  State  of  Mississippi, 
passed  January  9,  1801,  is  hereby  declared  to  be  null  and  void.  The 
present  and  all  previous  constitutions  of  the  State  of  Mississippi  are 
hereby  declared  to  be  repealed  and  annulled  by  this  constitution. 

Sec  2.  All  laws  now  in  force  in  this  State,  not  enacted  in  further- 
ance of  secession  and  rel)ellion.  and  not  repugnant  to  this  constitution, 
shall  continue  in  operation  until  they  shall  expire  by  their  own  limita- 
tion, or  be  altered  or  repealed  by  the  legislature,  except  the  herein- 
after-mentioned laws,  to  wit: 

"An  act  to  change  the  name  of  the  county  of  Jones,  and  for  other 
purposes,"  apj^roved  December  1,  A.  D.  1865. 

"An  act  to  establish  a  ferry  across  the  Mississippi  Kiver  at  Vicks- 
burgh,"  approved  November  29,  A.  D.  1865. 

"An  act  to  i^rovide  for  the  removal  and  location  of  the  seat  of 
justice  of  Scott  County,"  approved  Noveuiber  8.  A.  I).  1865. 

"An  act  suplemental  to  an  act  entitled  'An  act  to  provide  for  the 
removal  and  location  of  the  seat  of  justice  of  Scott  County,'  approved 
November  8,  1865,"  approved  December  1,  A.  D.  1865. 

Sec  3.  The  legislature  shall  provide  for  the  removal  of  causes  now 
pending  in  the  courts  of  this  State  to  courts  created  by  or  under  this 
constitution. 


2088  Mississippi— 1S68 

ORDINANCE 

Secs.  4  to  13  inclusive.     [Expunged.]" 

Sec.  14.  The  members  of  the  committee  of  five  appointed  by  this 
convention,  and  the  clerk  thereof,  sliall  receive  the  same  compensation 
as  the  members  of  the  convention. 

o These  sections  of  the  original  constitution  were: 

Sec.  4.  Immediately  upon  the  adjournment  of  this  convention  this  constitu- 
tion shall  be  submitted  for  i-atiflcation  to  the  registered  voters  of  the  State,  in 
conformity  with  the  acts  of  Congress,  passed  March  2,  1SG7,  entitled  "An  act  to 
provide  for  the  more  efficient  government  of  the  rebel  States;,"  and  the  acts 
supplementary  thereto. 

Sec.  5.  The  election  for  the  ratification  of  this  constitution  shall  commence  on 
the  22d  day  of  June,  A.  D.  1868,  and  be  held  at  such  places,  and  shall  continue 
such  time,  as  the  commanding  general  of  the  fourth  military  district  may  direct, 
and  the  polls  shall  be  kept  open  from  eight  o'clock  a.  m.  until  seven  o'clock  p.  m. 
each  day.  At  said  election  all  those  in  favor  of  ratifying  the  constitution  shall 
have  written  or  printed  on  their  ballots  the  words.  "  For  constitution  ;  "  and 
those  opposed  to  the  ratification  of  the  same  shall  have  written  or  printed  on 
their  ballots  the  words,  "Against  constitution ;  "  but  no  person  shall  vote  for  or 
against  this  constitution  on  a  separate  ballot  from  that  cast  by  him  for  oflacers  to 
be  elected  at  said  election  under  this  constitution. 

Sec.  6.  In  order  to  establish  a  civil  government  as  required  by  the  act  of 
Congress,  approved  March  2.  1867,  and  the  acts  supplementary  thereto,  an  elec- 
tion shall  be  held  at  the  same  time  and  place  at  which  the  constitution  is  sub- 
mitted for  ratification,  for  all  State  officers,  including  members  of  the  legisla- 
ture and  for  Representatives  in  Congress,  at  which  election  the  electors  who 
are  qualified  under  the  reconstruction  acts  of  Congress  shall  vote,  and  none 
other. 

Sec.  7.  The  committee  of  five  appointed  under  the  authority  of  this  convention 
shall  appoint  three  commissioners  of  election  for  each  county,  whose  duty  it 
shall  be  to  attend  the  election  for  the  ratification  or  rejection  of  the  constitution, 
who  shall  also,  at  the  same  time  and  place,  attend  the  election  for  all  officers 
and  Representatives  herein  ordered,  and  be  present  at  the  counting  of  the  votes, 
and  forward  the  result  of  the  same  to  the  chairman  of  said  committee  within 
three  days  thereafter. 

Sec  8.  The  legislature  elected  under  this  constitution  shall  hold  its  first  ses- 
sion in  the  capitol,  in  the  city  of  Jackson,  on  the  second  INIonday  after  the 
official  promulgation  of  the  ratification  of  this  constitution,  and  shall  proceed 
immediately  upon  its  organization  to  vote  upon  the  adoption  of  the  fourteenth 
amendment  to  the  Constitution  of  the  United  States,  proposed  by  Congress,  and 
passed  June  1-3,  1866.  Said  legislature  shall  not  have  power  to  enact  any  laws 
relative  to  the  per  diem  of  members,  nor  on  any  other  subject,  after  organization, 
until  said  constitutional  amendment  shall  have  been  adopted. 

Sec.  9.  The  first  term  of  all  civil  officers  elected  at  the  same  time  this  consti- 
tution is  submitted  for  ratification  or  rejection,  shall  commence  on  the  second 
Monday  after  their  election  shall  have  been  officially  promulgated,  and  shall 
continue  to  hold  from  said  time  until  the  expiration  of  the  first  full  term  suc- 
ceeding the  election. 

Sec.  10.  The  commissioners  of  election  herein  provided  for  shall  receive  the 
same  compensation  per  day,  while  in  attendance  upon  elections,  and  allowances 
for  transportation  (when  actual  disbursements  have  been  made)  as  registrars, 
and  shall  be  paid  out  of  any  funds  in  the  State  treasury  to  the  credit  of  the 
convention  fund,  upon  the  certificate  of  the  chairman  of  said  committee  of  five. 

Sec  11.  The  committee  of  five  appointed  by  this  convention  is  hereby  author- 
ized and  empowered  to  adjust  all  outstanding  accounts  against  the  same,  and 
certify  to  their  correctness,  and  the  auditor  of  public  accounts  shall  issue  his 
warrant  in  payment  thereof. 

Sec.  12.  Wlien  this  convention  adjourns  it  shall  be  subject  to  the  call  of  the 
committee  of  five  appointed  by  this  convention:  Provided,  That  should  the  con- 
stitution be  ratified,  this  convention  shall  thereafter  be  deemed  adjourned  sine 
(lie,  but  in  case  the  constitution  should  not  be  ratified,  then  the  convention  may 
be  reconvened  by  said  committee. 

Sec  13.  Said  committee  shall  have  authority  to  employ  a  clerk  and  to  enforce 
the  collection  of  the  taxes  levied  by  the  several  ordinances  of  this  convention, 
and  to  perform  any  and  all  duties  appertaining  to  the  same. 


Mississippi— 1868  2089 

Sec.  15.  If  any  candidate  receiving  the  highest  number  of  votes 
cast  cannot  take  the  oath  of  office  prescribed  in  this  constitution,  then, 
and  in  that  case,  the  candidate  receiving  the  next  highest  vote  shall 
be  entitled  to  enter  upon  and  perform  the  duties  of  the  office  upon 
taking  and  subscribing  to  said  oath. 

B.  B.  Eggleston,  President. 

TiiAD,  P.  Sears,  Secretary. 

AMENDMENTS  TO  THE  CONSTITUTION  OF  1868 

(Amendment  I) 

Add  to  section  five,  article  twelve,  the  following :  Nor  shall  the  state 
assume,  redeem,  secure,  or  pay  any  indebtedness  or  pretended  indebt- 
edness claimed  to  be  due  by  the  State  of  Mississippi,  to  any  person, 
association  or  corporation  whatsoever,  claiming  the  same  as  owners, 
holders,  or  assignees  of  any  bond  or  bonds,  now  generally  known  as 
Union  Bank  bonds,  or  Planters'  Bank  bonds. 

(Amendment  II) 

Section  six,  article  eight,  amended  as  follows:  All  proceeds  of  lands 
now,  or  hereafter  vested  in  this  state  by  escheat  or  purchase,  or  for- 
feiture for  taxes,  and  the  clear  jn'oceeds  of  all  fines  collected  in  the 
several  counties  for  any  breach  of  the  penal  laws,  and  all  moneys 
received  for  licenses  granted  under  the  hnvs  of  the  state,  for  the  sale 
of  intoxicating  liquors  or  keeping  of  dram  shops,  shall  be  collected  in 
legal  currency  of  the  United  States,  and  be  paid  into  the  treasury,  to 
be  distributed  pro  rata  among  the  educable  children  of  the  state,  in 
the  manner  provided  for  by  law. 

(Amendment  III) 

As  a  substitute  for  the  seventeenth  section  of  the  sixth  article  of  the 
constitution,  read  the  following,  to-wit :  The  legislature  shall  divide 
the  state  into  a  convenient  number  of  chancery  districts.  Chancel- 
lors shall  be  appointed  in  the  same  manner  as  the  judges  of  the  cir- 
cuit courts.  Their  qualifications  shall  be  regulated  by  law.  and  they 
shall  hold  their  office  for  the  term  of  four  years.  They  shall  hold  a 
court  in  each  county,  at  least  twice  in  each  year,  and  shall  receive  such 
compensation  as  may  be  provided  by  law. 

I 'Pile  three  furejioinir  .iiiKMulnients  were  inserted  by  rescihition  of  tlie  letrisl;-.- 
ture,  .lanuary  IS.  ISTtl.  | 

(Amendment  IV) 

As  a  substitute  for  section  (G)  six,  of  article  (4)  four  of  the  consti- 
tution: 

The  legislature  shall  meet  at  the  seat  of  government  on  the  first 
Tuesday  after  the  first  Monday  in  January,  in  the  year  187s.  and 
biennially  thereafter,  unless  sooner  convened  by  the  governor.  The 
time  and  place  of  meeting  nuiy  be  altered  by  law. 

[Inserted  by  resolution  of  the  legislature,  January  22,  1878.] 


2090  Mississippi— 1890 


CONSTITUTION  OF  THE   STATE   OF  MISSISSIPPI— 1890  *  « 

We,  the  people  of  Mississippi,  in  Convention  assembled,  grateful 
to  Almighty  God,  and  invoking  His  blessing  on  our  work,  do  ordain 
and  establish  this  Constitution. 

Article  1 
distribution  of  powers 

Section  1.  The  powers  of  the  government  of  the  State  of  Missis- 
sippi shall  be  divided  into  three  distinct  departments,  and  each  of 
them  confided  to  a  separate  magistracy,  to- wit:  those  which  are 
legislative  to  one;  those  which  are  judicial  to  another;  and  those 
which  are  executive  to  another. 

Sec.  2.  No  person  or  collection  of  j)ersons,  being  one,  or  belonging 
to  one,  of  these  departments,  shall  exercise  any  power  properly  be- 
longing to  either  of  the  others.  The  acceptance  of  an  office  in  either 
of  said  departments  shall,  of  itself,  and  at  once,  vacate  any  and  all 
offices  held  by  the  person  so  accepting  in  either  of  the  other  depart- 
ments. 

Article  2 

boundaries  of  the  state 

Sec.  3.  The  limits  and  boundaries  of  the  State  of  Mississippi  are 
as  follows,  to- wit:  Beginning  on  the  Mississippi  river  (meaning 
thereby  the  center  of  said  river  or  thread  of  the  stream)  where  the 
southern  boundary  line  of  the  State  of  Tennessee  strikes  the  same,  as 
run  by  B.  A.  Ludlow,  D.  W.  Connelly  and  W.  Petrie,  commissioners 
appointed  for  that  purpose  on  the  part  of  the  State  of  Mississippi  in 
A.  D.,  1837,  and  J.  D.  Graham  and  Austin  Miller,  commissioners 
appointed  for  that  purpose  on  the  part  of  Tennessee ;  thence  east 
along  the  said  boundary  line  of  the  State  of  Tennessee  to  a  point  on 
the  west  bank  of  the  Tennessee  river,  six  four-pole  chains  south  of 
and  above  the  mouth  of  Yellow  Creek ;  thence  up  the  said  river  to  the 
mouth  of  Bear  Creek;  thence  by  a  direct  line  to  what  was  formerly 
the  northwest  corner  of  the  county  of  AVashington,  Alabama ;  thence 
on  a  direct  line  to  a  point  ten  miles  east  of  the  Pascagoula  river  on 
the  Gulf  of  Mexico;  thence  westwardly,  including  all  the  islands 
within  six  leagues  of  the  shore,  to  the  most  eastern  junction  of  Pearl 
river  with  Lake  Borgne ;  thence  up  said  Pearl  river  to  the  thirty-first 
degree  of  north  latitude ;  thence  west  along  the  said  degree  of  lati- 
tude to  the  midle  or  thread  of  the  stream  of  the  Mississippi  river; 

*  Verified  from  "  Constitution  of  the  State  of  Mississippi,  adopted  November  1, 
1890.  Printed  by  authority.  Jaclison,  Miss. :  E.  L.  Martin,  Convention  Printer. 
1891." 

See  Journal  of  the  Proceedings  of  the  Constitutional  Convention,  of  the  State 
of  Mississippi.  Bebun  at  the  city  of  Jaclison  on  August  12.  1890,  and  concluded 
November  1,  1890.  Printed  by  authority.  Jackson,  Miss. :  E.  L.  Martin,  Printer 
to  the  Convention.     1890.     pp.  638-685." 

For  Debates  in  this  Convention  see  "  Dallv  Clarion  Ledger,"  Jackson,  Aug.  1 
to  Oct.  .SI.  1890. 

"Adopted  November  1.  A.  D.  1890. 


Mississippi — 1890  2091 

thence  up  the  middle  of  the  Mississippi  river,  or  thread  of  the  stream, 
to  the  place  of  beginning,  including  all  islands  lying  east  of  the 
thread  of  the  stream  of  said  river,  and  also  including  any  lands  which 
were  at  any  time  heretofore  a  part  of  this  State. 

Sec.  4.  The  legislature  shall  have  power  to  consent  to  the  acquisi- 
tion of  additional  territory  by  the  State  and  to  make  the  same  a  part 
thereof;  and  the  legislature  may  settle  disputed  boundaries  between 
this  State  and  its  coterminous  States  whenever  such  disputes  arise. 

Article  o 

BILL   or   RIGHTS 

Sec.  5.  All  political  power  is  vested  in,  and  derived  from,  the 
people;  all  government  of  right  originates  with  the  people,  is  founded 
upon  their  Avill  only,  and  is  instituted  solely  for  the  good  of  the 
whole. 

Sec.  6,  The  people  of  this  State  have  the  inherent,  sole  and  ex- 
clusive right  to  regulate  the  internal  government  and  ])olice  thereof, 
and  to  alter  and  abolish  their  constitution  and  form  of  government 
whenever  they  may  deem  it  necessary  to  their  safety  and  hapi3iness; 
provided,  such  change  be  not  repugnant  to  the  constitution  of  the 
United  States. 

Sec.  T.  The  right  to  withdraw  from  the  Federal  Union  on  account 
of  any  real  or  supposed  grievance,  shall  never  be  assumed  by  this 
State,  nor  shall  any  law  be  passed  in  derogation  of  the  paramount 
allegiance  of  the  citizens  of  this  State  to  the  government  of  the  United 
States. 

Sec.  8.  All  persons  resident  in  this  State,  citizens  of  the  United 
States,  are  hereby  declared  citizens  of  the  State  of  Mississippi. 

Sec.  9.  The  military  shall  be  in  strict  subordination  to  the  civil 
power. 

Sec.  10.  Treason  against  the  State  shall  consist  only  in  levying 
war  against  the  same  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  on  confession  in 
open  court. 

Sec.  11.  The  right  of  the  people  peaceably  to  assemble  and  petition 
the  government  on  any  subject  shall  never  be  imi)aired. 

Sec.  12.  The  right  of  every  citizen  to  keep  and  bear  arms  in  defense 
of  his  home,  person  or  ]>roperty,  or  in  aid  of  the  civil  power  when 
thereto  legally  summoned,  shall  not  be  called  in  question,  but  the 
legislature  may  regulate  or  forbid  carrying  concealed  weaj^ons. 

Sec.  i;^.  The  freedom  of  speech  and  of  the  ])ress  shall  be  held 
sacred,  and  in  all  i)rosecutious  for  libel  the  truth  may  be  given  in 
evidence,  and  the  jury  shall  determine  the  law  and  the  facts  under  the 
direction  of  the  court;  and  if  it  shall  api)ear  to  the  jury  that  the 
matter  charged  as  libelous  is  true,  and  was  i)ublished  with  good 
motives  and  for  justifiable  ends,  the  party  shall  be  acquitted. 

Sec.  14.  No  person  shall  be  deprived  of  life,  liberty  or  property, 
except  by  due  process  of  law. 

Sec.  15.  There  shall  be  neither  slavery  nor  involuntary  servitude 
in  this  State,  otherwise  than  in  the  punishment  of  crime,  whereof  the 
party  shall  have  be;'n  duly  convicted. 


2092  Mississippi— 1890 

Sec.  16.  Ex  post  facto  laws,  or  laws  impairing  the  obligation  of 
contracts,  shall  not  be  passed. 

Sec.  17.  Private  property  shall  not  be  taken  or  damaged  for  pul:)lic 
use  excej^t  on  due  compensation  being  first  made  to  the  ownei-  or  own- 
ers thereof,  in  a  manner  to  be  prescribed  by  law ;  and  whenever  an 
attempt  is  made  to  take  private  property  for  a  use  alleged  to  be  pub- 
lic, the  question  whether  the  contemplated  use  be  public  shall  be  a 
judicial  question,  and  as  such  determined  without  regard  to  legisla- 
tive assertion  that  the  use  is  public. 

Sec.  18.  No  religious  test  as  a  qualification  for  office  shall  be 
required;  and  no  preference  shall  be  given  by  law  to  any  religious 
sect,  or  mode  of  worship;  but  the  free  enjoyment  of  all  religious 
sentiments  and  the  different  modes  of  worship  shall  be  held  sacred. 
The  rights  hereby  secured  shall  not  be  construed  to  justif}'  acts  of 
licentiousness  injurious  to  morals  or  dangerous  to  the  peace  and 
safety  of  the  State,  or  to  exclude  the  Holy  Bible  from  use  in  any 
public  school  of  this  State. 

Sec.  19.  Human  life  shall  not  be  imperiled  b}'  the  practice  of  duel- 
ing; and  any  citizen  of  this  State  who  shall  hereafter  fight  a  duel,  or 
assist  in  the  same  as  second,  or  send,  accept,  or  knowingly  carry  a 
challenge  therefor,  whether  such  act  be  done  in  the  State,  or  out  of  it, 
or  who  shall  go  out  of  the  State  to  fight  a  duel,  or  to  assist  in  the  same 
as  second,  or  to  send,  accept  or  carry  a  challenge,  shall  be  disqualified 
from  holding  any  office  under  this  constitution  and  shall  be  disfran- 
chised. 

Sec.  20.  No  person  shall  be  elected  or  appointed  to  office  in  this 
State  for  life  or  during  good  behavior,  but  the  term  of  all  offices  shall 
be  for  some  specified  period. 

Sec.  21.  The  privilege  of  the  writ  of  liabeas  corpus  shall  not  be 
suspended,  unless  when  in  case  of  rebellion  or  invasion,  the  public 
safety  may  require  it,  nor  ever  without  the  authority  of  the  legis- 
lature. 

Sec.  22.  Xo  person's  life  or  liberty  shall  be  twice  placed  in  jeop- 
ardy for  the  same  offense;  but  there  must  be  an  actual  acquittal  or 
conviction  on  the  merits  to  bar  another  prosecution. 

Sec.  23.  The  people  shall  be  secure  in  their  persons,  houses  and  pos- 
sessions, from  unreasonable  seizure  or  search;  and  no  warrant  shall 
be  issued  without  probable  cause,  supported  by  oath  or  affirmation, 
specially  designating  the  place  to  be  searched  and  the  j^erson  or  thing 
to  be  seized. 

Sec.  24:.  All  courts  shall  be  open;  and  every  person  for  an  injury 
done  him  in  his  lands,  goods,  person  or  reputation,  shall  have  remedy 
hj  due  course  of  law,  and  right  and  justice  shall  be  administered 
without  sale,  denial  or  delay. 

Sec.  25.  No  person  shall  be  debarred  from  prosecuting  or  defend- 
ing any  civil  cause,  for  or  against  him  or  herself  before  am-  tribunal 
in  this  State,  by  him  or  herself,  or  counsel,  or  both. 

Sec.  26.  In  all  criminal  prosecutions  the  accused  shall  have  a  right 
to  be  heard  by  himself  or  counsel,  or  both,  to  demand  the  nature  and 
cause  of  the  accusation,  to  be  confronted  by  the  witnesses  against  him, 
to  have  compulsory  process  for  obtaining  witnesses  in  his  favor,  and 
in  all  prosecutions  by  indictment  or  information,  a  speedy  and  public 


Mississippi— 1890  2093 

trial  b}''  an  impartial  jury  of  the  county  whoro  the  offense  was  com- 
mitted; and  he  shall  not  be  compelled  to  give  evidence  against  him- 
self; but  in  prosecutions  for  rape,  adultery,  fornication,  sodomy  or 
the  crime  against  nature,  the  court  may  in  its  discretion  exclude 
from  the  court  room  all  persons  except  such  as  are  necessary  in  tlie 
conduct  of  the  trial. 

Sec.  '27.  Xo  })erson  shall  for  any  indictable  oli'ense,  be  proeeriled 
against  criminally  by  information,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  the  militia  when  in  actual  service,  or  by 
leave  of  the  court  for  misdemeancn-  in  office;  but  the  legislature  in 
cases  not  punishable  by  death  or  by  imprisonment  in  the  peniten- 
tiary, may  dispense  with  the  inquest  of  the  grand  jury,  and  may 
authorize  prosecutions  before  justices  of  the  peace,  or  such  other 
inferior  court  or  courts  as  may  be  established,  and  the  ])roceedings  in 
such  cases  shall  be  regulated  by  law. 

Sec.  28.  Cruel  or  unusual  punishment  shall  not  be  inllicted,  nor 
excessive  fines  be  imposed. 

Sec.  29.  Excessive  bail  shall  not  be  required;  and  all  persons  shall, 
before  conviction,  be  bailable  by  sufficient  sureties,  except  for  capital 
offenses  when  the  proof  is  evident  or  presumption  great. 

Sec.  30.  There  shall  l)e  no  imprisonment  for  del)t. 

Sec.  31.  The  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  32.  The  enumeration  of  rights  in  this  constitution  shall  not  be 
construed  to  deny  or  impair  others  retained  by,  and  inherent  in.  the 
people. 

Article  4 
legislative  dicl'autment 

Sec.  33.  The  legislative  power  of  this  State  shall  l)e  vested  in  the 
legislature,  which  shall  consist  of  a  senate,  and  a  hou^e  of  rei)re- 
sentatives. 

Sec.  34.  The  house  of  representatives  shall  consist  of  members 
chosen  every  four  years  by  the  qualified  electors  of  the  several  coun- 
ties and  representative  districts. 

Sec  35.  The  senate  shall  consist  of  members  to  be  chosen  every  four 
years  by  the  (pialiiied  electors  of  the  several  districts. 

Sec.  3(').  The  legislature  shall  meet  at  the  seat  of  government  in 
regular  session,  on  the  first  Tuesday  after  the  first  Monday  in  Janu- 
ary of  the  3'ear  A.  D.,  181)2,  and  every  four  years  thereafter;  and  in 
special  session  on  the  first  Tuesday  after  the  first  Monday  in  January 
of  the  year  A.  1).,  1804.  and  every  four  years  thereafter,  unless  sooner 
convened  by  the  governor.  The  special  sessions  shall  not  continue 
longer  than  thirty  days  unless  the  governor,  tleeming  the  public  inter- 
est to  require  it,  shall  extend  the  sitting  by  proclamation  in  writing 
to  be  sent  to  and  entered  upon  the  journals  of  each  house,  for  a 
specific  number  of  days,  and  then  it  may  continue  in  session  to  the 
expiration  of  that  time.  At  such  sixvial  sessions  the  members  shall 
receive  not  more  conqiensation  or  salary  than  ten  cents  mileag(\  and 
a  per  diem  of  not  exceeding  five  dollars:  and  none  but  approi)riation 
and  revenue  bills  shall  be  considered  except  such  other  matters  as 
may  be  acted  upon  at  an  extraordinary  session  called  by  the  governor. 


2094  Mississippi — 1890 

Sec.  37.  Elections  for  members  of  the  legislature  shall  be  held  in 
the  several  counties  and  districts  as  provided  by  law. 

Sec.  38.  Each  house  shall  elect  its  own  officers,  and  shall  judge  of 
the  qualifications,  return  and  election  of  its  own  members. 

Sec.  39.  The  senate  shall  choose  a  president  pro  tempore  to  act  in 
the  absence  or  disability  of  its  presiding  officer. 

QUALIFICATIONS    AND    PRIVILEGES   OF   LEGISLATORS 

Sec.  40.  Members  of  the  legislature  before  entering  upon  the  dis- 
charge of  their  duties  shall  take  the  following  oath :  "  I, , 

do  solemnly  sAvear  (or  affirm)  that  I  will  faithfully  support  the  con- 
stitution of  the  United  States  and  of  the  State  of  Mississippi ;  that 
I  am  not  disqualified  from  holding  office  by  the  constitution  of  this 
State;  that  I  will  faithfully  discharge  my  duties  as  a  legislator; 
that  I  will,  as  soon  as  practicable  hereafter,  carefully  read  (or  have 
read  to  me)  the  constitution  of  this  State,  and  will  endeavor  to  note, 
and  as  a  legislator,  to  execute  all  the  requirements  thereof  imposed 
on  the  legislature;  and  I  will  not  vote  for  any  measure  or  person 
because  of  a  promise  of  any  other  member  of  this  legislature  to  vote 
for  any  measure  or  person,  or  as  a  means  of  influencing  him  or  them 
to  do  so.     So  help  me  God." 

Sec  41.  Xo  person  shall  be  a  member  of  the  house  of  representa- 
tives who  shall  not  have  attained  the  age  of  twenty-one  years,  and 
who  shall  not  be  a  qualified  elector  of  the  State,  and  who  shall  not 
have  been  a  resident  citizen  of  the  State  four  years,  and  of  the  county 
two  years,  immediately  preceding  his  election.  The  seat  of  a  member 
of  the  house  of  representatives  shall  be  vacated  on  his  removal  from 
the  county  or  flotorial  district  from  which  he  was  elected. 

Sec.  42.  Xo  person  shall  be  a  senator  who  shall  not  have  attained 
the  age  of  twenty-five  years,  who  shall  not  have  been  a  qualified 
elector  of  the  State  four  years,  and  who  shall  not  be  an  actual  resi- 
dent of  the  district  or  territory  he  may  be  chosen  to  represent,  for 
two  years  before  his  election.  The  seat  of  a  senator  shall  be  vacated 
upon  his  removal  from  the  district  from  wliich  he  was  elected.. 

Sec.  43.  Xo  person  liable  as  principal  for  public  moneys  unac- 
counted for  shall  be  eligible  to  a  seat  in  either  house  of  the  legislature, 
or  to  any  office  of  profit  or  trust,  until  he  shall  liaA'e  accounted  for 
and  paid  over  all  sums  for  which  he  may  have  been  liable. 

Sec.  44.  Xo  person  shall  be  eligible  to  a  seat  in  either  house  of  the 
legislature,  or  to  any  office  of  profit  or  trust,  Avho  shall  have  been  con- 
A'icted  of  bribery,  perjury,  or  other  infamous  crime;  and  any  person 
who  shall  have^  been  convicted  of  giving,  or  offering,  directly,  or 
indirectly,  any  bribe  to  procure  his  election  or  appointment ;  and  any 
person  who  shall  give,  or  offer  any  bribe  to  procure  the  election  or 
appointment  of  any  person  to  office,  shall,  on  conviction  thereof,  be 
disqualified  from  holding  any  office  of  profit  or  trust  under  the  laws 
of  this  State. 

Sec.  45.  Xo  senator  or  representative  during  the  term  for  which  he 
was  elected,  shall  be  eligible  to  any  office  of  profit,  which  shall  have 
l)een  created,  or  the  emofuments  of  which  have  been  increased,  during 
the  time  such  senator  or  representative  was  in  office,  except  to  such 
offices  as  may  be  filled  by  an  election  of  the  people. 


Mississippi— 1890  2095 

Sec.  46.  The  members  of  the  legislature  shall  severally  receive  from 
the  State  treasury,  compensation  for  their  services,  to  be  prescribed 
by  law,  which  may  be  increased  or  diminished,  but  no  alteration  of 
such  compensation  of  members  shall  take  effect  during  the  session  at 
which  it  is  made. 

Sec.  47.  Xo  member  of  the  legislature  shall  take  any  fee  or  reward, 
or  be  counsel  in  any  measure  pending  before  either  house  of  the  legis- 
lature, under  penalty  of  forfeiting  his  seat,  upon  proof  thereof  to  the 
satisfaction  of  the  house,  of  which  he  is  a  member. 

Sec.  48.  Senators  and  representatives  shall,  in  all  cases,  except 
treason,  felony,  theft  or  breach  of  the  i^eace,  be  privileged  from  arrest 
during  the  session  of  the  legislature,  and  for  fifteen  days  before  the 
commencement  and  after  the  termination  of  each  session. 

TRIAL   or   OFFICERS 

Sec.  49.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment ;  but  two-thirds  of  all  the  members  present  must  concur 
therein.  All  impeachments  shall  be  tried  by  the  senate,  and,  when 
sitting  for  that  purpose,  the  senators  shall  be  sworn  to  do  justice 
according  to  law  and  the  evidence. 

Sec.  50.  The  governor,  and  all  other  civil  officers  of  this  State,  shall 
be  liable  to  impeachment  for  treason,  bribery,  or  any  high  crime  or 
misdemeanor  in  office. 

Sec.  51.  Judgment  in  such  cases  shall  not  extend  further  than 
removal  from  office,  and  disqualification  to  hold  any  office  of  honor, 
trust  or  profit  in  this  State;  but  the  party  convicted  shall,  neverthe- 
less, be  subject  to  indictment,  trial,  judgment  and  punishment  accord- 
ing to  law. 

Sec.  52.  When  the  governor  shall  be  tried,  the  chief  justice  of  the 
supreme  court  shall  preside;  and  when  the  chief  justice  is  disabled, 
disqualified,  or  refuses  to  act,  the  judge  of  the  supreme  court,  next 
oldest  in  commission,  shall  preside;  and  no  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  all  the  senators  present. 

Sec.  53.  For  reasonable  cause,  which  shall  not  be  sufficient  ground 
of  impeachment,  the  governor  shall,  on  the  joint  address  of  two-thirds 
of  each  branch  of  the  legislature,  remove  from  office  the  judges  of  the 
supreme  and  inferior  courts;  but  the  cause  or  causes  of  removal  shall 
be  spread  on  the  journal,  and  the  party  charged  be  notified  of  the 
same  and  have  an  opportunity  to  be  heard  by  himself  or  counsel,  or 
both,  before  the  vote  is  finally  taken  and  decided. 

rules  of  proceoi  re 

Sec.  54.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business;  but  a  less  number  may  adjourn  from  day  to  day,  and  coinj^el 
the  attendance  of  absent  members  in  such  manner  and  uniU'r  sueh 
penalties  as  each  shall  ])rovide. 

Sec.  55.  Eacli  house  may  determine  rules  of  its  own  proceedings, 
punish  its  members  for  disorderly  behavior;  and  with  the  concurrence 
of  two-thirds  of  the  members  present,  expel  a  member:  but  no  mem- 
ber, unless  expelled  for  theft,  bribery  or  corruption,  shall  he  expelled 
a  second  time  for  the  same  offense.  Roth  houses  shall  from  time  to 
time,  publish  journals  of  their  proceedings,  except  such  parts  as  may 


2096  •  Mississip2n—1890 

in  their  opinion  require  secrecy ;  and  the  yeas  and  nays,  on  any  ques- 
tion, shall  be  entered  on  the  journal,  at  the  request  of  one-tenth  of  the 
members  present;  and  the  3'eas  and  nays  shall  be  entered  on  the  jour- 
nal on  the  final  passage  of  every  bill. 

Sec.  5G.  The  style  of  the  laws  of  the  State  shall  be :  "  Be  it  enacted 
by  the  legislature  of  the  State  of  Mississippi." 

Sec.  57.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  the  tAvo  houses  shall  be  sitting. 

Sec.  58.  The  doors  of  each  house,  when  in  session,  or  in  committee 
of  the  whole,  shall  be  kept  open,  except  in  cases  which  may  require 
secrecy;  and  each  house  may  punish,  by  fine  and  imprisonment,  any 
person  not  a  member,  who  shall  be  guilty  of  disrespect  to  the  house, 
by  any  disorderly  or  contemptuous  behavior  in  its  presence,  or  who 
shall  in  any  way  disturb  its  deliberations  during  the  session ;  but 
such  imprisonment  shall  not  extend  beyond  the  final  adjournment 
of  that  session. 

Sec.  59.  Bills  may  originate  in  either  house  and  be  amended  or 
rejected  in  the  other;  and  every  bill  shall  be  read  on  three  different 
da3's  in  each  house  unless  two-thirds  of  the  house  where  the  same  is 
pending  shall  dispense  with  the  rules ;  and  every  bill  shall  be  read  in 
full  immediately  before  the  vote  on  its  final  passage ;  and  every  bill 
having  passed  both  houses,  shall  be  signed  by  the  president  of  the 
senate  and  the  speaker  of  the  house  of  representatives,  in  open  ses- 
sion ;  but  before  either  shall  sign  any  bill,  he  shall  give  notice  thereof, 
suspend  business  in  the  house  over  which  he  presides,  have  the  bill 
read  by  its  title,  and  on  demand  of  any  member,  have  it  read  in  full ; 
and  all  such  proceedings  shall  be  entered  on  the  journal. 

Sec.  60.  Xo  bill  shall  be  so  amended  in  its  passage  through  either 
house  as  to  change  its  original  purpose,  and  no  law  shall  be  passed 
except  by  bill ;  but  orders,  votes  and  resolutions  of  both  houses, 
affecting  the  prerogatives  and  duties  thereof,  or  relating  to  adjourn- 
ment, to  amendments  to  the  constitution,  to  the  investigation  of  public 
officers,  and  the  like,  shall  not  require  the  signature  of  the  governor; 
and  such  resolutions,  orders  and  votes,  may  empower  legislative  com- 
mittees to  administer  oaths,  to  send  for  persons  and  papers,  and  gen- 
erally make  legislative  investigations  effective. 

Sec.  61.  Xo  law  shall  be  revived  or  amended  by  reference  to  its 
title  only,  but  the  section  or  sections  as  amended,  or  revived,  shall  be 
inserted  at  length. 

Sec.  62.  Xo  amendment  to  bills  by  one  house  shall  be  concurred  in 
by  the  other,  except  by  a  vote  of  a  majority  thereof,  taken  by  yeas 
and  nays  and  the  names  of  those  voting  for  and  against  recorded 
upon  the  journals;  and  reports  of  committees  of  conference  shall  in 
like  manner  be  adopted  in  each  house. 

Sec.  63.  Xo  appropriation  bill  shall  be  passed  by  the  legislature 
which  does  not  fix  definitely  the  maximum  sum  thereby  authorized 
to  be  drawn  from  the  treasury. 

Sec.  64.  Xo  bill  passed  after  the  adoption  of  this  constitution  to 
make  appropriations  of  money  out  of  the  State  treasury,  shall  con- 
tinue in  force  more  than  six  months  after  the  meeting  of  the  legisla- 
ture at  its  next  regular  session;  nor  shall  such  bill  be  passed  except 


Mississippi — 1890  2097 

by  the  votes  of  a  majority  of  all  the  members  elected  to  each  house  of 
the  legislature. 

Sec.  G5.  All  votes  on  the  final  passage  of  any  measure  shall  be  sub- 
ject to  reconsideration  for  at  least  one  whole  legislative  day,  and  no 
motion  to  reconsider  such  vote  shall  be  disposed  of  adversely  on  the 
day  on  which  the  original  vote  was  taken,  except  on  the  last  day  of 
the  session. 

Sec.  G6,  No  law  granting  a  donation,  or  gratuity,  in  favor  of  any 
person  or  object  shall  be  enacted,  except  by  the  concurrence  of  two- 
thirds  of  each  branch  of  the  legislature,  nor  by  any  vote  for  a  sec- 
tarian purpose  or  use. 

Sec.  67.  No  new  bills  shall  be  introduced  into  either  house  of  the 
legislature  during  the  last  three  days  of  the  session. 

Sec.  08.  Appropriation  and  revenue  bills  shall,  at  regular  sessions 
of  the  legislature,  have  precedence  in  both  houses  over  all  other  busi- 
ness, and  no  such  bills  shall  be  passed  during  the  last  five  days  of  the 
session. 

Sec.  69.  General  appropriation  bills  shall  contain  only  the  appro- 
priations to  defray  the  ordinary  expenses  of  the  executive,  legislative 
and  judicial  departments  of  the  government,  to  pay  interest  on  State 
bonds,  and  to  support  the  common  schools.  All  other  appropriations 
shall  be  made  by  separate  bills,  each  embracing  but  one  sul)ject. 
Legislation  shall  not  be  engrafted  on  appropriation  bills,  but  the 
same  may  prescribe  the  conditions  on  which  the  money  may  be  drawn, 
and  for  what  purposes  paid. 

Sec.  70.  No  revenue  bill  nor  any  bill  providing  for  assessments  of 
property  for  taxation,  shall  become  a  law,  except  by  a  vote  of  at  least 
three-fifths  of  the  members  of  each  house  present,  and  voting. 

Sec.  71.  P^very  bill  introduced  into  the  legislature  shall  have  a  title, 
and  the  title  ought  to  indicate  clearly  the  subject  matter,  or  matters, 
of  the  proposed  legislation.  Each  committee  to  which  a  l)ill  may  be 
referred,  shall  express  in  writing  its  judgment  of  the  sufliciency  of 
the  title  of  the  bill,  arid  this,  too,  whether  the  recommendation  be  that 
the  bill  do  pass,  or  do  not  pass. 

Sec.  72.  Every  bill  which  shall  pass  both  houses  shall  be  presented 
to  the  governor  of  the  State.  If  he  approve,  he  shall  sign  it,  but  if  he 
does  not  approve,  he  shall  return  it,  with  his  objection,  to  the  house  in 
which  it  originated,  which  shall  enter  the  objections  at  large  tipon 
its  journal,  and  proceed  to  reconsider  it.  If,  after  such  reconsidera- 
tion, two-thirds  of  that  house  shall  agree  to  pass  the  bill,  it  sliall  U' 
sent,  with  the  obje(;tions,  to  the  other  house,  by  which,  likewise,  it 
shall  be  reconsidered,  and  if  approved  by  two-thirds  of  that  house, 
it  shall  become  a  law ;  but  in  all  such  cases,  the  votes  of  both  houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  the  persons 
voting  for,  and  against  the  bill,  shall  be  entered  on  the  journal  of 
each  house  respectively.  If  any  bill  shall  not  be  returned  l)v  the  gov- 
ernor, within  five  days,  (Sunday  excepted),  after  it  has  been  pre- 
sented to  him,  it  shall  l)ecome  a  law,  in  like  manner  as  if  he  had  signed 
it,  unless  the  legislature,  by  adjournment,  prevent  its  return:  in 
which  case  it  shall  be  a  law  unless  sent  back  within  three  days  after 
the  beginning  of  the  next  session  of  the  legislature.  No  bill  shall 
be  ap})roved  when  the  legislature  is  not  in  session. 
7253— VOL  o— 07— — 1« 


2098  Mississippi— 1890 

Sec.  78.  The  "loveiiior  may  veto  parts  of  any  appropriation  bill, 
and  approve  parts  of  the  same,  and  the  portions  approved  shall 
be  law. 

Sec.  74.  No  bill  shall  become  a  law  until  it  shall  have  been  referred 
to  a  committee  of  each  house  and  returned  therefrom  with  a  recom- 
mendation in  writing. 

Sec.  75.  No  law  of  a  general  nature,  unless  therein  otherwise  pro- 
vided, shall  be  enforced  until  sixty  days  after  its  passage. 

Sec.  70.  In  all  elections  by  the  legislature  the  members  shall  vote 
viva  voce,  and  the  votes  shall  be  entered  on  the  journals. . 

Sec.  77.  The  governor  shall  issue  writs  of  election  to  fill  such  vacan- 
cies as  may  occur  in  either  house  of  the  legislature,  and  the  persons 
thereupon  chosen  shall  hold  their  seats  for  the  unexpired  term. 

INJUNCXION 

Sec.  78.  It  shall  be  the  duty  of  the  legislature  to  regulate  by  law 
the  cases  in  which  deductions  shall  be  made  from  salaries  of  public 
officers,  for  neglect  of  official  duty  and  the  amount  of  said  deduction. 

Sec.  79.  The  legislature  shall  provide  by  law  for  the  sale  of  all 
delinquent  tax  lands.  The  courts  shall  apply  the  same  liberal  princi- 
ples in  favor  of  such  titles  as  in  sale  by  execution.  The  right  of 
redemption  from  all  sales  of  real  estate,  for  the  non-payment  of  taxes, 
or  special  assessments,  of  any  and  every  character  whatsoever,  shall 
exist,  on  conditions  to  be  prescribed  by  law,  in  favor  of  owners  and 
persons  interested  in  such  real  estate,  for  a  period  of  not  less  than 
two  years. 

Sec.  80.  Provision  shall  be  made  by  general  laws  to  prevent  the 
abuse  by  cities,  towns  and  other  municipal  corporations  of  their 
powers  of  assessment,  taxation,  borrowing  money  and  contracting 
debts. 

Sec.  81.  The  legislature  shall  never  authorize  the  permanent  ob- 
struction of  any  of  the  navigable  waters  of  this  State;  but  may  pro- 
vide for  the  removal  of  such  obstructions  as  now  exist,  whenever  the 
public  Avelfare  demands;  this  section  shall  not  prevent  the  construc- 
tion, under  proper  authority,  of  draw-bridges  for  railroads,  or  other 
roads,  nor  the  construction  of  "  booms  and  chutes  "  for  logs  in  such 
manner  as  not  to  prevent  the  safe  passage  of  vessels,  or  logs,  under 
regulations  to  be  provided  by  law. 

Sec.  8'2.  The  legislature  shall  fix  the  amount  of  the  penalty  of  all 
official  bonds,  and  may,  as  far  as  practicable,  provide  that  the  Avhole 
or  a  part  of  the  security  required  for  the  faithfid  discharge  of  official 
duty  shall  be  made  by  some  guarantee  company  or  companies. 

Sec.  83.  The  legislature  shall  enact  laws  to  secure  the  safety  of 
persons  from  fires  in  hotels,  theatres  and  other  public  places  of  resort. 

Sec.  84.  The  legislature  shall  enact  laws  to  limit,  restrict  or  prevent 
the  acquiring  and  holding  of  land  in  this  State  by  non-resident  aliens, 
and  may  limit  or  restrict  the  acquiring  or  holding  of  lands  by  cor- 
porations. 

Sec.  85.  The  legislature  shall  provide  by  general  law  for  the  work- 
ing of  public  roads  by  contract  or  by  county  prisoners,  or  both.  Such 
law  may  be  jDut  in  operation  onl}'  by  a  vote  of  the  board  of  super- 
visors in  those  counties  where  it  may  be  desirable. 


Mississippi— 1890  2099 

Sec.  86.  It  shall  be  the  duty  of  the  legislature  to  provide  by  law  for 
the  treatment  and  care  of  the  insane ;  and  the  legislature  may  provide 
for  the  care  of  the  indigent  sick  in  the  hospitals  in  the  State. 

LOCAL  LEGISLATION 

Sec.  87.  Xo  special  or  local  law  shall  be  enacted  for  the  benefit  of 
individuals  or  corporations,  in  cases  which  are,  or  can  be  provided  for 
by  a  general  law,  or  where  the  relief  sought  can  be  given  by  any  court 
of  this  State;  nor  shall  the  operation  of  any  general  law  be  suspended 
by  the  legislature  for  the  benefit  of  any  individual  or  private  cor- 
poration or  association,  and  in  all  cases  where  a  general  law  can  be 
nuide  applicable,  and  would  be  advantageous,  no  special  law  shall  be 
enacted. 

Sec.  88.  The  legislature  shall  pass  general  laws,  under  which  local 
and  private  interests  shall  be  ])rovided  for  and  ])rotected,  and  under 
which  cities  and  towns  may  be  chartered  and  their  chartei's  amended, 
and  under  which  corporations  may  be  created,  organized,  and  their 
acts  of  incorporation  altered;  and  all  such  laws  shall  be  subject  to 
repeal  or  amendment. 

Sec.  80.  There  shall  be  apointed  in  each  house  of  the  legislature 
a  standing  committee  on  local  and  private  legislation;  the  house  com- 
mittee to  consist  of  seven  rei:)resentatives.  and  the  senate  committee, 
of  five  senators.  No  local  or  private  bill  shall  be  passed  by  either 
house  until  it  shall  have  been  referred  to  said  connnittee  thereof, 
and  shall  have  been  reported  back  with  a  reconnnendation  in  writing 
that  it  do  pass,  stating  affirmatively  the  reasons  therefor,  and  why  the 
end  to  be  accomplished  should  not  be  reached  by  a  general  law,  or  by 
a  proceeding  in  court;  or  if  the  recommendation  of  the  committee  be 
that  the  bill  do  not  pass,  then  it  shall  not  pass  the  house  to  which  it 
is  so  rej)orted  unless  it  be  voted  for  In*  a  majority  of  all  the  members 
(^lected  thereto.  If  a  bill  is  j)assed  in  conformity  to  the  requirements 
hereof,  other  than  such  as  are  prohil)ited  in  the  next  section,  the  courts 
shall  not,  because  of  its  local,  special  or  private  nature,  refuse  to 
enforce  it. 

Sec.  00.  The  legislature  shall  not  pass  local,  private  or  special  laws 
in  any  of  the  following  enumerated  cases,  but  such  matters  shall  be 
l)rovided  for  only  by  general  laws,  viz: 

(a)   (i ranting  divorces. 

(h)   Changing  the  names  of  ])ersons,  places  or  corporations. 

(r)    Providing  for  changes  of  venue  in  civil  and  criminal  cases. 

(d)  Regulating  the  rate  of  interest  on  money. 

(e)  Concerning  the  settlement  or  administration  of  any  estate*,  oi* 
the  sale  or  mortgage  of  any  projierty.  of  any  infant,  or  of  a  })erson 
of  unsound  mind,  or  of  any  deceased  person. 

(/)   The  removal  of  the  disability  of  infancy. 

({/)  Granting  to  any  person,  corporation,  or  association,  the  right 
to  have  any  ferry,  bridge,  road  or  fish-trap. 

(Ii)   Exemption  of  jiroperty  from  taxation,  or  from  levy  or  sale. 

(/)    Providing  for  the  adoption  oi*  legitimation  of  childi'en. 

(_/')    Changing  the  law  of  descent  and  distribution. 

(k)  Exempting  any  person  from  jury,  road,  oi'  other  r'wW  duty 
(and  no  j)erson  shall  be  exempted  therefrom  by  force  of  any  local  or 
private  law). 


2100  Mississippi— 1890 

{I)  Laying  out,  opening,  altering  and  working  roads  and  high- 
ways. 

(m)  Vacating  any  road  or  highway,  town  plat,  street,  alley  or 
public  grounds. 

(n)  Selecting,  drawing,  summoning  or  empaneling  grand  or  petit 
juries. 

(o)  Creating,  increasing,  or  decreasing  the  fees,  salar}^  or  emolu- 
ments of  any  public  officer. 

(p)  Providing  for  the  management  or  support  of  any  private  or 
common  school,  incorporating  the  same  or  granting  such  school  any 
privileges. 

(q)   Relating  to  stock  laws,  water  courses  and  fences. 

(r)  Conferrmg  the  power  to  exercise  the  right  of  eminent  domain, 
or  granting  to  any  person,  corporation,  or  association  the  right  to 
lay  down  railroad  tracks,  or  street  car  tracks,  in  any  other  manner 
than  that  prescribed  by  general  law. 

(.s')   Regulating  the  practice  in  courts  of  justice. 

(t)  Providing  for  the  creation  of  districts  for  the  election  of 
justices  of  the  peace  and  constables. 

(?/)  Granting  any  lands  under  control  of  the  State  to  any  person 
or  corporation. 

PROHIBITIONS 

Sec.  91.  The  legislature  shall  not  enact  an}'  law  for  one  or  more 
counties,  not  applicable  to  all  the  counties  in  the  State,  increasing  the 
uniform  charge  for  the  registration  of  deeds,  or  regulating  costs  and 
charges  and  fees  of  officers. 

Sec.  92.  The  legislature  shall  not  authorize  payment  to  any  person 
of  the  salary  of  a  deceased  officer  beyond  the  date  of  his  death. 

Sec.  93.  The  legislature  shall  not  retire  any  officer  on  pay,  or  part 
pay,  or  make  any  grant  to  slich  retiring  officer. 

Sec.  94.  The  legislature  shall  never  create  by  law  any  distinction 
between  the  rights  of  men  and  women  to  acquire,  own,  enjoy,  and 
dispose  of  property  of  all  kinds,  or  their  power  to  contract  in  refer- 
ence thereto.  Married  women  are  hereby  fully  emancipated  from  all 
disability  on  account  of  coverture.  But  this  shall  not  prevent  the 
legislature  from  regulating  contracts  between  husband  and  wife ;  nor 
shall  the  legislature  be  prevented  from  regulating  the  sale  of  home- 
steads. 

Sec.  95.  Lands  belonging  to,  or  under  the  control  of  the  State, 
shall  never  be  donated  directly,  or  indirectly,  to  private  corporations 
or  individuals,  or  to  railroad  companies.  Nor  shall  such  land  be  sold 
to  corporations  or  associations  for  a  less  price  than  that  for  which  it 
is  subject  to  sale  to  individuals.  This,  however,  shall  not  prevent  the 
legislature  from  granting  a  right  of  way,  not  exceeding  one  hundred 
feet  in  width,  as  a  mere  easement,  to  railroads  across  State  land,  and 
tlie  legislature  shall  never  dispose  of  the  land  covered  by  said  right 
of  way  so  long  as  such  easement  exists. 

Sec.  96.  The  legislature  shall  never  grant  extra  compensation,  fee 
or  allowance,  to  any  public  officer,  agent,  servant  or  contractor,  after 
service  rendered,  or  contract  made,  nor  authorize  payment,  or  part 
payment,  of  any  claim  under  any  contract,  not  authorized  by  law: 


Mississip]n—1890  2101 

but  appropriations  may  be  made  for  expenditures  in  repelling  inva- 
sion, preventing,  or  suppressing  insurrections. 

Sec.  97.  The  legislature  shall  have  no  power  to  revive  any  remedy 
which  may  have  become  barred  by  lapse  of  time,  or  by  any  statute 
of  limitation  of  this  State. 

Sec.  98.  Xo  lottery  shall  ever  be  allowed,  or  be  advertised  by  news- 
papers, or  otherw  ise,  or  its  tickets  be  sold  in  this  State ;  and  the  leg- 
islature shall  provide  by  law  for  the  enforcement  of  this  provision : 
nor  shall  any  lottery  heretofore  authorized  be  permitted  to  be  drawn 
or  its  tickets  sold. 

Sec.  99.  The  legislature  shall  not  elect  any  other  than  its  own 
officers,  State  librarian,  and  United  States  senators:  but  this  section 
shall  not  prohibit  the  legislature  from  appointing  presidential 
electors. 

Sec.  100.  Xo  obligation  or  liability  of  any  person,  associati(m,  or 
corporation  held  or  owned  by  this  State,  or  levee  board,  or  any  countv. 
city,  or  town  thereof,  shall  ever  be  remitted,  released  or  postponed,  or 
in  any  way  diminished  by  the  legislature,  nor  shall  such  liability  or 
obligation  be  extinguished  except  by  payment  thereof  into  the  })roper 
treasury ;  nor  shall  such  liability,  or  obligation  be  exchanged  or  trans- 
ferred except  upon  payment  of  its  face  value;  but  this  shall  not  be 
construed  to  prevent  the  legislature  from  providing  by  general  law 
for  the  compromise  of  doubtful  claims. 

Sec.  101.  The  seat  of  government  of  the  State  shall  be  at  the  city  of 
Jackson,  and  shall  not  be  removed  or  relocated  without  the  assent  of 
a  majority  of  the  electors  of  the  State. 

miscellaneous 

Sec.  102.  All  general  elections  for  State  and  county  officers  shall 
commence  and  be  holden  every  four  years,  on  the  first  Tuesday  after 
the  first  Monday  in  Xovember,  until  altered  by  law :  and  the  electors, 
in  all  cases  except  in  cases  of  treason,  felony  and  breach  of  the  peace, 
shall  be  privileged  from  arrest  during  their  attendance  at  elections 
and  in  going  to  and  returning  therefrom. 

Sec.  103.  In  all  cases  not  otherwise  provided  for  in  this  constitution, 
the  legislature  may  determine  the  mode  of  filling  all  vacancies,  in  all 
offices,  and  in  cases  of  emergency  provisional  apointments  may  be 
made  by  the  governor,  to  continue  until  the  vaciincy  is  regularly 
filled;  and  the  legislature  shall  provide  suitable  compensation  for  all 
officers,  and  shall  define  their  respective  powers. 

Sec.  104.  Statutes  of  limitation  in  civil  causes  shall  not  run  against 
the  State,  or  any  subdivision,  or  municijial  corporation  thereof. 

Sec.  105.  The  legislature  shall  provide  for  the  enumeration  of  the 
whole  number  of  inhabitants,  and  the  qualified  electors  of  the  State, 
once  in  every  ten  years;  and  the  first  enumeration  shall  be  made  dur- 
ing the  two  months  begimiing  on  the  first  Monday  of  June.  1895,  and 
the  legislature  shall  provide  for  the  same  by  law. 

Sec.  lOG.  There  shall  be  a  State  librarian,  to  be  chosen  by  the  legis- 
lature, on  joint  vote  of  the  two  houses,  to  serve  for  four  years,  whose 
duties  and  compensation  shall  be  prescribed  1)V  law.  Any  woman,  a 
resident  of  the  State  four  years,  and  who  has  attained  the  age  of 
twenty  years,  shall  be  eligible  to  said  office. 


2102  Mississippi— 1890 

Sec.  107.  All  stationery,  printing,  paper,  and  fuel,  used  by  the 
legislature,  and  other  departments  of  the  government,  shall  l)e  fur- 
nished, and  the  printing  and  binding  of  the  laws,  journals,  depart- 
ment reports,  and  other  printing  and  binding,  and  the  repairing  and 
furnishing  the  halls  and  rooms  used  for  the  meeting  of  the  legisla- 
ture, and  its  committees,  shall  be  performed  under  contract,  to  be 
given  to  the  lowest  responsible  bidder,  below  such  maximum  and 
imder  such  regulations  as  may  be  prescribed  by  law.  No  member  of 
the  legislature  or  officer  of  any  department  shall  be  in  any  way  inter- 
ested in  such  contract;  and  all  such  contracts  shall  be  subject  to  the 
approval  of  the  governor  and  State  treasurer. 

Sec.  108.  Whenever  the  legislature  shall  take  away  the  duties  per- 
taining to  any  office,  then  the  salary  of  the  officer  shall  cease. 

Sec.  109.  No  public  officer  or  member  of  the  legislature  shall  be 
interested  directly  or  indirectly  in  any  contract  with  the  State,  or  any 
district,  county,  city  or  town  thereof,  authorized  by  any  law  passed,  or 
order  made  by  any  board  of  which  he  may  be  or  may  have  been  a 
member,  during  the  term  for  which  he  shall  have  been  chosen,  or 
within  one  year  after  the  expiration  of  such  term. 

Sec.  110.  The  legislature  may  provide,*  by  general  law,  for  con- 
demning rights  of  way  for  private  roads,  where  necessary  for  ingress 
and  egress  by  the  party  applying,  on  due  compensation  being  first 
made  to  the  owner  of  the  property ;  but  such  rights  of  way  shall 
not  be  provided  for  in  incorporated  cities  and  towns. 

Sec.  111.  All  lands  comprising  a  single  tract  sold  in  pursuance 
of  decree  of  court,  or  execution,  shall  be  first  offered  in  subdivisions 
not  exceeding  one  hundred  and  sixty  acres,  or  one-quarter  section, 
and  then  offered  as  an  entirety,  and  the  price  bid  for  the  latter  shall 
control  only  when  it  shall  exceed  the  aggregate  of  the  bids  for  the 
same  in  subdivisions  as  aforesaid;  but  the  chancery  court,  in  cases 
before  it,  may  decree  otherwise  if  deemed  advisable  to  do  so. 

Sec.  112.  Taxation  shall  be  uniform  and  equal  throughout  the 
State.  Property  shall  be  taxed  in  proportion  to  its  value.  The 
legislature  may,  however,  impose  a  tax  per  capita  upon  such  domestic 
animals  as  from  their  nature  and  habits  are  destructive  of  other 
property.  Property  shall  be  assessed  for  taxes  under  general  laws, 
and  by  uniform  rules,  according  to  its  true  value.  But  the  legisla- 
ture may  provide  for  a  special  mode  of  valuation  and  assessment  for 
railroads,  and  railroad  and  other  corporate  property,  or  for  particu- 
lar species  of  property  belonging  to  persons,  corporations  or  associa- 
tions not  situated  wholly  in  one  county.  But  all  such  property  shall 
be  assesed  at  its  true  value,  and  no  county  shall  be  denied  the  right 
to  levy  county  and  sepcial  taxes  upon  such  assessment  as  in  other 
cases  of  property  situated  and  assessed  in  the  county. 

Sec.  113.  The  auditor  shall,  within  sixty  days  after  the  adjourn- 
ment of  the  legislature,  prepare  and  publish  a  full  statement  of  all 
money  expended  at  such  session,  specifying  the  items  and  amount 
of  each  item,  and  to  whom,  and  for  what  paid;  and  he  shall  also 
publish  the  amounts  of  all  appropriations. 

Sec.  114.  Returns  of  all  elections  by  the  people  shall  be  made  to 
the  secretary  of  state  in  such  manner  as  shall  be  provided  by  law. 

Sec.  115.  The  fiscal  year  of  the  State  of  Mississip])i  shall  commence 
on  the  first  day  of  October,  and  end  on  the  thirtieth  day  of  September 
of  each  year;  and  the  auditor  of  public  accounts  and  the  treasurer  of 


Mississippi— 1890  2103 

the  State  shall  coinpilo.  and  have  published,  a  full  and  complete 
report,  showing-  the  transactions  of  their  respective  offices  on  or 
before  the  thirty-first  day  of  December  of  each  year  for  the  preceding 
fiscal  year. 

Article  5 

executive 

Sec.  IIG.  The  chief  executive  power  of  the  State  shall  be  vested  in 
a  governor,  who  shall  hold  his  office  for  four  years,  and  who  shall 
be  ineligible  as  his  inniiediate  successor  in  office. 

Sec.  117.  The  governor  shall  be  at  least  thirty  years  of  age,  and 
shall  have  been  a  citizen  of  the  United  States  twenty  years,  and  shall 
have  resided  in  this  State  five  years  next  preceding  the  day  of  his 
election. 

Skc.  118.  The  governor  shall  receive  for  his  services  such  com- 
pensation as  may  be  fixed  by  law,  which  shall  neither  be  increased  nor 
diminished  during  his  term  of  office. 

Sec.  111).  The  governor  shall  be  commander-in-chief  of  the  army 
and  nav}'^  of  the  State,  and  of  the  militia,  except  when  they  shall  be 
called  into  the  service  of  the  United  States. 

Sec.  120.  The  governor  may  require  information,  in  writing,  from 
the  officers  in  the  executive  departments  of  the  State  on  any  subject 
relating  to  the  duties  of  their  respective  offices. 

Sec.  121.  The  governor  shall  have  power  to  convene  the  legislature 
in  extraordinary  session  Avhenever  in  his  judgment  the  public  interest 
requires  it.  Should  the  governor  deem  it  necessary  to  convene  the 
legislature,  he  shall  do  so  by  public  proclamation,  in  which  he  shall 
state  the  subjects  and  matters  to  be  considered  by  the  legislature  when 
so  convened;  and  the  legislature  when  so  convened,  as  aforesaid, 
shall  have  no  ])ower  to  consider  or  act  u])on  subjects  or  matters  other 
than  those  designated  in  the  j)i'oclamation  of  the  governor,  by  which 
the  session  is  called,  except  imjjeachments,  and  examination  into  the 
accounts  of  State  officers.  The  legislature  when  so  convened  may  also 
act  on  and  consider  such  other  matters  as  the  governor  may  in  writing 
submit  to  them  while  in  session.  The  governor  may  convene  the 
legislature  at  the  seat  of  government,  or  at  a  different  place,  if  that 
shall  become  dangerous  from  an  enemy,  or  from  disease;  and  in  case 
of  a  disagreement  between  the  two  houses,  with  respect  to  time  of 
adjournment,  adjourn  them  to  such  time  as  he  shall  think  proj^er.  not 
beyond  the  day  of  the  next  stated  meeting  of  the  legislature. 

Sec.  122.  The  governor  shall,  from  time  to  time,  give  the  legis- 
lature inl'ornuition  of  the  state  of  the  government,  and  recommend 
for  consideration  such  measures  as  may  be  deemed  necessary  and 
expedi<?nt. 

Sec.  12;^.  The  governor  shall  see  that  the  laws  are  faithfully  exe- 
cuted. 

Sec.  124.  In  all  criminal  and  penal  cases,  excepting  those  of  treason 
and  impeachment,  the  governor  shall  have  jwwer  to  grant  rejjrieves 
and  })ar(lons,  to  remit  fines,  and  in  cases  of  forfeiture,  to  stay  the 
collection,  until  the  end  of  the  next  session  of  the  legislatui'e,  and  by 
and  with  the  consent  of  the  senate  to  remit  forfeitures.  In  cases  of 
treason,  he  shall  have  power  to  grant  re])rieves,  by  and  with  the  con- 
sent of  the  senate,  but  may  respite  the  sentence  until  the  end  of  the 


2104  Mississippi— 1890 

next  session  of  the  legislature ;  l)iit  no  pardon  shall  be  granted  before 
conviction,  and  in  cases  of  felony  after  conviction  no  pardon  shall 
be  granted  until  the  applicant  therefor  shall  have  published  for 
thirty  days,  in  some  newspaper  in  the  county  where  the  crime  was 
committed,  and  in  case  there  be  no  newspaper  published  in  said 
county,  then  in  an  adjoining  county,  his  petition  for  pardon,  setting 
forth  therein  the  reasons  wdiy  such  pardon  should  be  granted. 

Sec.  125.  The  governor  shall  have  the  power,  and  it  is  hereby  made 
his  duty,  to  suspend  alleged  defaulting  State  and  county  treasurers, 
and  defaulting  tax  collectors,  pending  the  investigation  of  their 
respective  accounts,  and  to  make  temporary  appointments  of  proper 
persons  to  fill  the  offices  while  such  investigations  are  being  made, 
and  the  legislature  shall  provide  for  the  enforcement  of  this  provision 
by  appropriate  legislation. 

Sec.  126.  There  shall  be  a  seal  of  the  State  kept  by  the  governor, 
and  used  by  him  officially,  and  be  called  the  great  seal  of  the  State  of 
Mississippi. 

Sec.  127.  All  commissions  shall  be  in  the  name  and  by  the  authority 
of  the  State  of  Mississippi,  be  sealed  with  the  great  seal  of  State,  and 
be  signed  by  the  governor,  and  attested  by  the  secretary  of  state. 

Sec.  128.  There  shall  be  a  lieutenant-governor,  who  shall  be  elected 
at  the  same  time,  in  the  same  manner,  and  for  the  same  term,  and  who 
shall  possess  the  same  qualifications  as  required  of  the  governor. 

Sec.  129.  The  lieutenant-governor  shall,  by  virtue  of  his  office,  be 
president  of  the  senate.  In  committee  of  the  whole,  he  may  debate 
all  questions,  and  when  there  is  an  equal  division  in  the  senate,  or  on 
a  joint  vote  of  both  houses,  he  shall  give  the  casting  vote. 

Sec.  130.  The  lieutenant-governor  shall  receive  for  his  services  the 
same  compensation  as  the  speaker  of  the  house  of  representatives. 

Sec.  131.  When  the  office  of  governor  shall  become  vacant,  by 
death  or  otherwise,  the  lieutenant-governor  shall  possess  the  powers 
and  discharge  the  duties  of  said  office.  \Mien  the  governor  shall  be 
absent  from  the  State,  or  unable  from  protracted  illness  to  perform 
the  duties  of  the  office,  the  lieutenant-governor  shall  discharge  the 
duties  of  said  office  until  the  governor  be  able  to  resume  his  duties; 
but,  if  from  disability  or  otherwise,  the  lieutenant-governor  shall 
be  incapable  of  performing  said  duties,  or  if  he  be  absent  from  the 
State,  the  president  of  the  senate  pro  tempore  shall  act  in  his  stead; 
but  if  there  be  no  such  president,  or  if  he  be  disqualified  by  like  dis- 
ability, or  be  absent  from  the  State,  then  the  speaker  of  the  house  of 
representatives  shall  assume  the  office  of  governor,  and  perform  said 
duties;  and  in  case  of  the  inability  of  the  foregoing  officers  to  dis- 
charge the  duties  of  governor,  the  secretary  of  state  shall  convene  the 
senate,  to  elect  a  president  pro  tempore.  The  officer  discharging  the 
duties  of  governor  shall  receive  the  compensation  as  such.  Should 
a  doubt  arise  as  to  whether  a  vacancy  has  occurred  in  the  office  of  gov- 
ernor or  as  to  whether  any  one  of  the  disabilities  mentioned  in  this 
section  exists  or  shall  have  ended,  then  the  secretary  of  state  shall 
submit  the  question  in  doubt  to  the  judges  of  the  supreme  court,  who, 
or  a  majority  of  whom,  shall  investigate  and  determine  said  question; 
and  shall  furnish  to  said  secretary  of  state  an  opinion  in  writing 
determining  the  question  submitted  to  them,  which  opinion  when  ren- 
dered as  aforesaid  shall  be  final  and  conclusive. 


Mississippi— 1890  2105 

Sec.  132.  In  case  the  election  for  lieutenant  governor  shall  be  con- 
tested, the  contest  shall  be  tried  and  determined  in  the  same  manner 
as  a  contest  for  the  office  of  governor. 

Sec.  133.  There  shall  be  a  secretary  of  State,  who  shall  be  elected 
as  herein  provided.  He  shall  be  at  least  twenty-five  years  of  age,  a 
citizen  of  the  State  five  years  next  preceding  the  day  of  his  election, 
and  he  shall  continue  in  office  during  the  term  of  four  years,  and  shall 
be  keeper  of  the  capitol ;  he  shall  keep  a  correct  register  of  all  official 
acts  and  proceedings  of  the  governor;  and  shall,  when  required,  lay 
the  same,  and  all  papers,  minutes  and  vouchers  relative  thereto,  before 
the  legislature,  and  he  shall  perform  such  other  duties  as  may  be 
required  of  him  by  law.  He  shall  receive  such  compensation  as  shall 
be  prescribed. 

Sec.  134.  A  State  treasurer  and  an  auditor  of  public  accounts  shall 
be  elected  as  herein  provided,  who  shall  hold  their  offices  for  the  term 
of  four  years,  and  shall  possess  the  same  qualifications  as  required  for 
the  secretary  of  state;  the}^  shall  receive  such  compensation  as  may 
be  provided  by  law.  Said  treasurer  and  auditor  of  public  accounts 
shall  be  ineligible  to  immediately  succeed  themselves  or  each  other 
in  office. 

Sec.  135.  There  shall  be  a  sheriff,  coroner,  treasurer,  assessor  and 
surveyor  for  each  county,  to  be  selected  as  elsewhere  provided  herein, 
w'ho  shall  hold  their  offices  for  four  years.  The  sheriff  and  treasurer 
shall  be  ineligible  to  immediately  succeed  themselves  or  each  other  in 
office. 

Sec.  136.  All  officers  named  in  this  article  shall  hold  their  offices 
during  the  term  for  which  they  were  selected,  unless  removed,  and 
until  their  successors  shall  be  duly  qualified  to  enter  on  the  discharge 
of  their  resjDcctive  dutie.s. 

Sec.  137.  It  shall  be  the  duty  of  the  state  treasurer,  within  ten 
days  after  the  first  day  of  January  and  July  of  each  year,  to  publish 
a  statement  under  oath,  in  some  newspaper  published  at  the  seat  of 
government,  showing  the  condition  of  the  treasury  on  said  days,  the 
balance  on  hand  and  in  what  funds,  together  with  a  certificate  of  the 
governor  that  he  has  verified  the  count  of  the  funds  in  the  treasury 
and  found  the  balance,  stated  by  the  treasurer,  actually  in  the  vaults 
of  the  treasury,  or  as  the  truth  may  be.  And  it  shall  be  the  duty  of 
the  governor  at  such  times  as  he  may  deem  proper,  to  go  to  the  treas- 
ury, without  giving  notice  to  the  treasurer,  and  verify  the  cash 
balance  as  shown  by  the  books,  and  to  publish  the  fact  that  he  has 
done  so,  and  whether  the  amount  called  for  by  the  books  be  actually 
in  the  treasury,  and  stating  whether  the  treasurer  had  any  notice 
whatever  that  the  verification  would  be  made. 

Sec".  138.  The  sheriff,  coroner,  treasurer,  assessor,  surveyor,  clerks 
of  the  courts,  and  meMil)ers  of  the  board  of  supervisors  of  the  several 
counties,  and  all  other  officers  exercising  local  jurisdictiou  therein, 
shall  be  selected  in  the  manner  provided  by  law  for  each  county. 

Sec.  139.  The  legislature  ma}'  empower  the  governor  to  remove 
and  appoint  officers,  in  any  county  or  counties  or  municipal  corpora- 
tions, under  such  regulations  as  may  be  prescribed  by  law. 

Sec.  140.  The  governor  of  the  State  shall  be  chosen  in  the  follow- 
ing manner :  On  tlie  first  Tuesday  after  the  first  Monday  of  November 
of  A.  D.,  1895,  and  on  the  first  Tuesday  after  first  Monday  of  Novem- 


2106  ■  Mississippi— 1890 

ber  in  every  fourth  year  thereafter,  until  the  day  shall  be  changed 
by  laAv,  an  election  shall  be  held  in  the  several  counties  and  districts 
created  for  the  election  of  members  of  the  house  of  representatives  in 
this  State,  for  governor,  and  the  person  receiving  in  any  county  or 
such  legislative  district  the  highest  number  of  votes  cast  therein,  for 
said  office,  shall  be  holden  to  have  received  as  many  votes  as  such 
county  or  district  is  entitled  to  members  in  the  house  of  representa- 
tives, which  last  named  votes  are  hereby  designated  "  electoral  votes." 
In  all  cases  where  a  representative  is  apportioned  to  two  or  more 
counties  or  districts  the  electoral  vote  based  on  such  representative 
shall  be  equally  divided  among  such  counties  or  districts.  The 
returns  of  said  election  shall  be  certified  by  the  election  commis- 
sioners, or  a  majority  of  them,  of  the  several  counties,  and  transmit- 
ted, sealed,  to  the  seat  of  government,  directed  to  the  secretary  of 
state,  and  shall  be  by  him  safely  kept  and  delivered  to  the  speaker  of 
the  house  of  representatives  at  the  next  ensuing  session  of  the  legis- 
lature within  one  day  after  he  shall  have  been  elected.  The  speaker 
shall,  on  the  next  Tuesday  after  he  shall  have  received  said  returns, 
open  and  publish  them  in  the  presence  of  the  house  of  representa- 
tives, and  said  house  shall  ascertain  and  count  the  vote  of  each  county 
and  legislative  district  and  decide  any  contest  that  may  be  made  con- 
cerning the  same,  and  said  decision  shall  be  made  by  a  majority  of 
the  Avhole  number  of  members  of  the  house  of  representatives  con- 
curring therein,  by  a  viva  voce  vote,  which  shall  be  recorded  in  its 
journal ;  provided,  in  case  the  two  highest  candidates  have  an  equal 
number  of  votes  in  any  county  or  legislative  district,  the  electoral 
vote  of  such  county  or  legislative  district  shall  be  considered  as 
equally  divided  between  them.  The  person  found  to  have  received  a 
majority  of  all  the  electoral  votes,  and  also  a  majority  of  the  popular 
vote,  shall  be  declared  elected. 

Sec.  141.  If  no  person  shall  receive  such  majorities,  then  the  house 
of  representatives  shall  proceed  to  choose  a  governor  from  the  two 
persons  who  shall  have  received  the  highest  number  of  popular  votes; 
the  election  shall  be  by  viva  voce  vote,  which  shall  be  recorded  in  the 
journal,  in  such  manner  as  to  show  for  whom  each  member  voted. 

Sec.  142.  In  case  of  an  election  of  governor  or  any  State  officer  by 
the  house  of  representatives,  no  member  of  that  house  shall  be 
eligible  to  receive  any  appointment  from  the  governor  or  other  State 
officer  so  elected,  during  the  term  for  which  he  shall  be  selected. 

Sec.  143.  All  other  State  officers  shall  be  elected  at  the  same  time, 
and  in  the  same  manner  as  provided  for  election  of  governor. 

Article  6 
judiciary 

Sec.  144.  The  judicial  power  of  the  State  shall  be  vested  in  a 
supreme  court  and  such  other  courts  as  are  provided  for  in  this 
constitution. 

Sec  145.  The  supreme  court  shall  consist  of  three  judges,  any  two 
of  whom,  when  convened,  shall  form  a  quorum.  The  legislature 
shall  divide  the  State  into  three  supreme  court  districts,  and  the  gov- 
ernor, by  and  with  the  advice  and  consent  of  the  senate,  shall  appoint 
one  judge  for  and  from  each  district;  but  the  removal  of  a  judge  to 


Mississippi— 1890  2107 

the  State  capital  during  his  term  of  office  shall  not  render  him 
ineligible  as  his  own  successor  for  the  district  from  which  he  has 
removed.  The  present  incumbents  shall  be  considered  as  holding 
their  terms  of  office  from  the  State  at  large. 

Sec.  146.  The  supreme  court  shall  have  such  jurisdiction  as  prop- 
erly belongs  to  a  court  of  appeals. 

Sec.  147.  Xo  judgment  or  decree  in  any  chancery  or  circuit  court 
rendered  in  a  civil  cause,  shall  be  reversed  or  annulled  on  the  ground 
of  want  of  jurisdiction  to  render  said  judgment  or  decree,  from  any 
error  or  mistake  as  to  whether  the  cause  in  which  it  was  rendered 
was  of  equity  or  common  law  jurisdiction:  but  if  the  supreme  court 
shall  find  error  in  the  proceedings  other  than  as  to  jurisdiction,  and 
it  shall  be  necessary  to  remand  the  case,  the  supreme  court  may 
remand  it  to  that  court  which  in  its  opinion  can  best  determine  the 
controversy. 

Sec.  148.  The  supreme  court  shall  be  held  twice  in  each  year  at  the 
seat  of  government,  at  such  time  as  the  legislature  may  provide. 

Sec.  149.  The  term  of  office  of  the  judges  of  the  supreme  cdurt  shall 
be  nine  years.  The  office  of  one  of  said  judges  shall  be  vacated  in 
three  years,  one  in  six  years,  and  one  in  nine  years,  so  that  at  the  ex- 
piration of  everv  three  years  one  of  said  judges  shall  be  appointed 
as  aforesaid. 

Sec.  150.  No  i:)erson  shall  be  eligible  to  the  office  of  judge  of  the 
supreme  court  who  shall  not  have  attained  the  age  of  thirty  years  at 
the  time  of  his  appointment,  and  who  shall  not  have  been  a  practicing 
attorney  and  a  citizen  of  the  State  for  five  years  immediately  preced- 
ing such  appointment. 

Sec.  151.  All  vacancies  which  may  occur  in  said  court  from  death, 
resignation,  or  removal,  shall  be  filled  by  appointment  as  aforesaid; 
but  if  a  vacancy  shall  occur  during  the  recess  of  the  legislature,  the 
governor  shall  appoint  a  successor  who  shall  hold  his  office  until  the 
end  of  the  next  session  of  the  senate  unless  his  nomination  shall  be 
sooner  rejected. 

Sec.  152.  The  legislature  shall  divide  the  State  into  convenient 
circuit  and  chancery  court  districts. 

Sec.  153.  The  judges  of  the  circuit  courts  and  of  the  chancery 
courts  shall  be  appointed  by  the  governor,  with  the  advice  and  consent 
of  the  senate,  and  shall  hold  their  offices  for  the  terui  of  four  years. 

Sec.  154.  No  person  shall  be  eligible  to  the  office  of  judge  of  the 
circuit  or  of  the  chancery  court,  who  shall  not  have  been  a  practicing 
lawyer  for  five  years,  and  who  shall  not  have  attained  the  age  of 
twenty-six  years,  and  who  shall  not  have  been  five  years  a  citizen  of 
this  State.  ' 

Sec.  155.  The  judges  of  the  several  courts  of  this  State  shall,  before 
they  proceed  to  execute  the  duties  of  their  respective  offices,  take  the 

following  oath  or  affirnuition,  to-wit:  '"  I, ,  solemnly  swear 

(or  affirm)  that  I  will  administer  justice  Avithout  respect  to  persons, 
and  do  equal  right  to  the  poor  and  to  the  rich,  and  that  I  will  faith- 
fully and  impartially  discharge  and  perform  all  the  duties  incumbent 

upon  me  as  according  to  the  best  of  my  ability  and 

understanding,  agreeably  to  the  constitution  of  the  United  States, 
and  the  constitution  and  laws  of  the  State  of  jNIississiijiji ;  so  help  me 
God." 

Sec.  150.  The  circuit  court  shall  have  original  jurisdiction  in  all 


2108  Mississippi— 1890 

matters  civil  and  criminal  in  this  State  not  vested  by  this  constitu- 
tion in  some  other  court,  and  such  appellate  jurisdiction  as  shall  be 
prescribed  by  law. 

Sec.  157.  All  causes  that  may  be  brought  in  the  circuit  court 
whereof  the  chancery  court  has  exclusive  jurisdiction  shall  be  trans- 
ferred to  the  chancery  court. 

Sec.  158.  A  circuit  court  shall  be  held  in  each  county  at  least  twice 
in  each  year,  and  the  judges  of  said  courts  may  interchange  circuits 
with  each  other  in  such  manner  as  may  be  provided  by  law\ 

Sec.  159.  The  chancery  court  shall  have  full  jurisdiction  in  the 
following  matters  and  cases,  viz : 

(a)  All  matters  in  equity. 

(h)  Divorce  and  alimony. 

(c)  Matters  testamentary  and  of  administration. 

(d)  Minor's  business. 

{e)  Cases  of  idiocy,  lunacy  and  persons  of  unsound  mind. 

(/)  All  cases  of  which  the  said  court  had  jurisdiction  under  the 
laws  in  force  when  this  constitution  is  put  in  operation. 

Sec.  160.  And  in  addition  to  the  jurisdiction  heretofore  exercised 
by  the  chancery  court  in  suits  to  try  title  and  to  cancel  deeds  and 
other  clouds  upon  title  to  real  estate,  it  shall  have  jurisdiction  in 
such  cases  to  decree  possession,  and  to  displace  possession,  to  decree 
rents  and  compensation  for  improvements  and  taxes ;  and  in  all  cases 
where  said  court  heretofore  exercised  jurisdiction,  auxiliary  to  courts 
of  common  law,  it  may  exercise  such  jurisdiction  to  grant  the  relief 
sought  although  the  legal  remedy  may  not  have  been  exhausted  or  the 
legal  title  established  by  a  suit  at  law. 

Sec.  161.  And  the  chancery  court  shall  have  jurisdiction,  concur- 
rent with  the  circuit  court,  of  suits  on  bonds  of  fiduciaries  and  public 
officers  for  failure  to  account  for  money  or  property  received  or 
wasted  or  lost  by  neglect  or  failure  to  collect,  and  of  suits  involving 
inquiry  into  matters  of  mutual  accounts;  but  if  the  plaintiff  brings 
his  suit  in  the  circuit  court,  that  court  may,  on  application  of  the 
defendant,  transfer  the  cause  to  the  chancery  court  if  it  appears  that 
the  accounts  to  be  investigated  are  mutual  and  complicated. 

Sec.  162.  All  causes  that  may  be  brought  in  the  chancery  court 
w^hereof  the  circuit  court  has  exclusive  jurisdiction  shall  be  trans- 
ferred to  the  circuit  court. 

Sec.  163.  The  legislature  shall  provide  by  law  for  the  due  certifica- 
tion of  all  causes  that  may  be  transferred  to  or  from  any  chancery 
court  or  circuit  court,  for  such  reformation  of  the  pleadings  therein 
as  may  be  necessary,  and  the  adjudication  of  the  costs  of  such  transfer. 

Sec.  164.  A  chancery  court  shall  be  held  in  each  county  at  least 
twice  in  each  year. 

Sec.  165.  No  judge  of  any  court  shall  preside  on  the  trial  of  any 
cause  where  the  parties  or  either  of  them  shall  be  connected  with 
him  by  affinity  or  consanguinity,  or  where  he  may  be  interested  in 
the  same,  except  by  the  consent  of  the  judge  and  of  the  parties. 
AVlienever  any  judge  of  the  supreme  court  or  the  judge  or  chancellor 
of  any  district,  in  this  State,  shall,  for  any  reason,  be  unable  or  dis- 
qualified to  preside  at  any  term  of  court,  or  in  any  case  where  the 
attorneys  engaged  therein  shall  not  agree  upon  a  member  of  the 
bar  to  preside  in  his  place,  the  governor  may  commission  another,  or 


Mississippi — 1890  2109 

others,  of  law  knowledge  to  preside  at  such  term  or  during  such 
disability  or  disqualification  in  the  ])lace  of  the  judge  or  judges  so 
disqualified.  When  either  party  shall  desire,  the  supreme  court  for 
the  trial  of  any  cause  shall  be  composed  of  three  judges.  No  judg- 
ment or  decree  shall  be  affirmed  by  disagreement  of  two  judges  consti- 
tuting a  quorum. 

Sec.  166.  The  judges  of  the  supreme  court,  of  the  circuit  courts 
and  the  chancellors  shall  receive  for  their  services  a  compensation  to 
be  fixed  by  law,  which  shall  not  be  increased  or  diminished  during 
their  continuance  in  office. 

Sec.  167.  All  civil  officers  shall  be  conservators  of  the  peace,  and 
shall  be,  by  law,  vested  with  ample  power  as  such. 

Sec.  168.  The  clerk  of  the  supreme  court  shall  be  elected  as  other 
State  officers  for  the  term  of  four  years,  and  the  clerk  of  the  circuit 
court  and  the  clerk  of  the  chancery  court  shall  be  selected  in  each 
county  in  the  manner  provided  by  law,  and  shall  hold  office  for  the 
term  of  four  years,  and  the  legislature  shall  provide  by  law  what 
duties  shall  be  performed  during  vacation  by  the  clerks  of  the  circuit 
and  chancery  courts,  subject  to  the  approval  of  the  court. 

Sec.  169.  The  style  of  all  process  shall  be  "  The  State  of  Missis- 
sippi,*' and  all  prosecutions  shall  be  carried  on  in  the  name  and  by 
authority  of  the  "  State  of  Mississippi,"  and  all  indictments  shall 
conclude  *'■  against  the  peace  and  dignity  of  the  State." 

Sec.  170.  Each  county  shall  be  divided  into  five  districts.  A  resi- 
dent freeholder  of  each  district  shall  be  selected,  in  the  manner  pre- 
scribed by  law,  and  the  five  so  chosen  shall  constitute  the  board  of 
supervisors  of  the  county,  a  majority  of  whom  may  transact  business. 
The  board  of  supervisors  shall  have  full  jurisdiction  over  roads, 
ferries  and  bridges,  to  be  exercised  in  accordance  with  such  regula- 
tions as  the  legislature  may  prescribe,  and  perform  such  other  duties 
as  may  be  required  by  law.  The  clerk  of  the  chancery  court  of  each 
county  shall  be  clerk  of  the  board  of  supervisors. 

Sec.  171.  A  competent  number  of  justices  of  the  peace  and  con- 
stables shall  be  chosen  in  each  county  in  the  manner  provided  by 
law,  for  each  district,  Avho  shall  hold  their  office  for  the  term  of 
four  years.  Xo  person  shall  be  eligible  to  the  office  of  justice  of  the 
peace  who  shall  not  have  resided  two  years  in  the  district  next  pre- 
ceding his  selection.  The  jurisdiction  of  justices  of  the  peace  shall 
extend  to  causes  in  which  the  principal  amount  in  controversy  shall 
not  exceed  the  sum  of  two  hundred  dollars;  and  they  shall  have  juris- 
diction concurrent  with  the  circuit  court  over  all  crimes  whereof  the 
punishment  prescribed  does  not  extend  beyond  a  fine  and  imprison- 
ment in  the  county  jail;  but  the  legislature  may  confer  on  the 
justices  of  the  peace  exclusive  jurisdiction  in  such  petty  misdemeanors 
as  it  shall  see  proper.  In  all  causes  tried  by  a  justice  of  the  peace, 
the  right  of  appeal  shall  be  secured  under  such  rules  and  regulations 
as  shall  be  prescribed  by  law,  and  no  justice  of  the  peace  shall  preside 
at  the  trial  of  any  cause  where  he  may  be  interested,  or  the  parties 
or  either  of  them  shall  be  connected  with  him  by  affinity  or  con- 
sanguinity, except  by  the  consent  of  the  justice  of  the  peace  and  of  the 
parties. 

Sec.  172.  The  legislature  shall,  from  time  to  time,  establish  such 
other  inferior  courts  as  may  be  necessary,  and  abolish  the  same  when- 
ever deemed  expedient. 


2110  Mississippi— 1890 

Sec.  173.  There  shall  be  an  attorney-general  elected  at  the  same 
time  and  in  the  same  manner  as  the  governor  is  elected,  whose  term  of 
office  shall  be  four  3'ears,  and  whose  comj^ensation  shall  be  fixed  by 
law.  The  qualifications  for  the  attorney-general  shall  be  the  same  as 
herein  prescribed  for  judges  of  the  circuit  and  chancery  courts. 

Sec.  174.  A  district  attorney  for  each  circuit  court  district  shall  be 
selected  in  the  manner  provided  by  law,  whose  term  of  office  shall  be 
four  years,  whose  duties  shall  be  prescribed  by  law,  and  whose  com- 
pensation shall  be  a  fixed  salary. 

Sec.  175.  All  public  officers,  for  willful  neglect  of  duty,  or  misde- 
meanor in  office,  shall  be  liable  to  presentment  or  indictment  by  a 
grand  jury,  and  upon  conviction,  shall  be  removed  from  office,  and 
otherAvise  punished  as  may  be  prescribed  by  law. 

Sec.  176.  No  perso'n  shall  be  a  member  of  the  board  of  supervisors 
who  is  not  a  resident  freeholder  in  the  district  for  which  he  is  chosen. 
The  value  of  real  estate  necessary  to  be  owned  to  qualify  persons  in 
the  several  counties  to  be  members  of  said  board  shall  be  fixed  by  law. 

Sec.  177.  Tlie  governor  shall  have  power  to  fill  any  vacancy  which 
may  happen  during  the  recess  of  the  senate,  in  the  office  of  judge  or 
chancellor,  by  making  a  temporary  appointment  of  an  incumbent, 
which  shall  expire  at  the  end  of  the  next  session  of  the  senate,  unless 
a  successor  shall  be  sooner  appointed,  and  confirmed  by  the  senate. 
When  a  temporary  appointment  of  a  judge  or  chancellor  has  been 
made  during  the  recess  of  the  senate,  the  governor  shall  have  no 
power  to  remove  the  person  or  appointee,  nor  power  tO"  withhold  his 
name  from  the  senate  for  their  action. 

Article  7 

corpokation 

Sec.  178.  Corporations  shall  be  formed  under  general  laws  only. 
The  legislature  shall  have  power  to  alter,  amend  or  repeal  any  char- 
ter of  incorporation  now  existing,  and  revocable,  and  any  that  may 
hereafter  be  created,  Avhenever  in  its  opinion  it  may  be  for  the  public 
interest  to  do  so;  provided,  however,  that  no  injustice  shall  be  done  to 
the  stockholders.  No  charter  for  any  private  corporation  for  pecu- 
niary gain  shall  be  granted  for  a  longer  period  than  ninety-nine  years. 
In  assessing  for  taxation  the  property  and  franchises  of  corporations, 
having  charters  for  a  longer  period  than  ninety-nine  years,  the  in- 
creased value  of  such  property  and  franchises  arising  from  such  longer 
duration  of  their  charters  shall  be  considered  and  assessed;  but  any 
such  corporation  shall  have  the  right  to  surrender  the  excess  over 
ninety-nine  years  of  its  charter. 

Sec.  179.  The  legislature  shall  never  remit  the  forfeiture  of  the 
franchise  of  any  corporation  now  existing,  nor  alter  nor  amend  the 
charter  thereof,  nor  pass  any  general  nor  special  law  for  the  benefit 
of  such  corporation,  except  upon  the  condition  that  such  corporation 
shall  thereafter  hold  its  charter  and  franchises  subject  to  the  pro- 
visions of  this  constitution;  and  the  reception  by  any  corporation  of 
any  provision  of  any  such  laws,  or  the  taking  of  any  benefit  or  advan- 
tage from  the  same,  shall  be  conclusively  held  an  agreement  by  such 
corporation  to  hold  thereafter  its  charter  and  franchises  under  the 
provisions  hereof. 


Mississippi — 1890  2111 

Sec.  180.  All  existing  charters  or  grants  of  corporate  franchise 
under  which  organizations  have  not  in  good  faith  taken  place  at  the 
adoption  of  this  constitution  shall  be  subject  to  the  ])rovisions  of  this 
article;  and  all  such  charters  under  Avhich  organizations  shall  not  take 
place  in  good  faith  and  business  be  connnenced  within  one  year  from 
the  adoption  of  this  constitution,  shall  thereafter  have  no  validity; 
and  every  charter  or  grant  of  corporate  franchise  hereafter  made 
shall  have  no  validity,  unless  an  organization  shall  take  place  there- 
under and  business  be  commenced  Avithin  two  years  from  the  date  of 
such  charter  or  grant. 

Sec.  181.  The  property  of  all  private  corporations  for  pecuniary 
gain  shall  be  taxed  in  the  same  way  and  to  the  same  extent  as  the 
property  of  individuals,  but  the  legislature  may  provide  for  the  taxa- 
tion of  banks  and  banking  capital,  by  taxing  the  shares  according  to 
the  value  thereof,  (augmented  by  the  accumulations,  surplus  and 
unpaid  dividends,)  exclusive  of  real  estate,  which  shall  be  taxed  as 
other  real  estate.  Exemptions  from  taxation  to  which  corporations 
are  legall}^  entitled  at  the  adoption  of  this  constitution,  shall  remain 
in  full  force  and  effect  for  the  time  of  such  exemptions  as  expressed  in 
their  respective  charters,  or  by  general  laws,  unless  sooner  repealed 
by  the  legislature.  And  domestic  insurance  companies  shall  not  be 
required  to  ])ay  a  greater  tax  in  the  aggregate  than  is  required  to  be 
paid  by  foreign  insurance  companies  doing  business  in  this  State, 
except  to  the  extent  of  the  excess  of  their  ad  ralorem  tax  over  the 
privilege  tax  imposed  upon  such  foreign  companies:  and  the  legis- 
lature may  impose  privilege  taxes  on  building  and  loan  associations 
in  lieu  of  all  other  taxes  except  on  their  real  estate. 

Sec.  182.  The  power  to  tax  cor]:)oralions  and  their  property  shall 
never  be  surrendered  or  abridged  by  any  contract  or  grant  to  which 
the  State  or  any  political  subdivision  thereof  may  be  a  party,  except 
that  the  legislature  may  grant  exemption  from  taxation  in  the  encour- 
agement of  manufactures  and  other  new  enterprises  of  public  utility 
extending  for  a  period  not  exceeding  five  years,  the  time  of  such 
exemptions  to  connnence  from  date  of  charter,  if  to  a  corporation; 
and  if  to  an  individual  enteri)rise,  then  from  the  commencement  of 
work;  l)ut  when  the  legislature  grants  such  exemptions  for  a  period  of 
five  vears  or  less,  it  shall  be  done  by  general  laws,  which  shall  dis- 
tinctly enumerate  the  classes  of  manufactures  and  other  new  enter- 
prises of  ])ublic  utility  entitled  to  such  exemptions,  and  shall  prescribe 
the  mode  and  manner  in  which  the  right  to  such  exemptions  shall  be 
determined. 

Sec.  18.'^.  No  county,  city,  town  or  other  municipal  corjioration 
shall  hereafter  become  a  subscriber  to  the  capital  stock  of  any  rail- 
road or  other  corporation  or  association,  or  make  a])j)ropriation,  or 
loan  its  credit  in  aid  of  such  corporation  or  association.  All  author- 
ity heretofore  conferred  for  any  of  the  purjioses  aforesaid  by  the 
legislature  or  by  the  charter  of  any  corporat*ion.  is  liereby  repealed. 
Nothing  in  this  section  contained  shall  aft'ect  the  right  of  any  such 
corporation,  nnmicipality  or  county  to  make  such  subscription  where 
the  same  has  been  authorized  under  laws  existing  at  the  time  of  the 
adoption  of  tliis  constitution,  and  by  a  vote  of  t\\e  people  thereof, 
had  ju'ior  to  its  adoption,  and  where  the  terms  of  submission  and 
subscri])ti<)n  have  been  or  shall  be  complied  witli.  or  to  prevent  the 
issue  of  renewal  bonds,  or  the  use  of  such  other  means  as  are  or  may 


2112  Mississippi— 1890 

be  prescribed  by  law  for  the  payment  or  liquidation  of  such  subscrip- 
tion, or  of  any  existing  indebtedness. 

Sec.  184.  All  railroads  which  carry  persons  or  property  for  hire, 
shall  be  public  highways,  and  all  railroad  companies  so  engaged  shall 
be  common  carriers.  Any  company  organized  for  that  purpose 
under  the  laws  of  the  State,  shall  have  the  right  to  construct  and 
operate  a  railroad  between  any  points  within  this  State,  and  to  con- 
nect at  the  State  line  with  roads  of  other  States.  Every  railroad 
company  shall  have  the  right  with  its  road  to  intersect,  connect  with, 
or  cross  any  other  railroad;  and  all  railroad  companies  shall  receive 
and  transport  each  other's  passengers,  tonnage  and  cars,  loaded  or 
empty,  without  unnecessary  delay  or  discrimination. 

Sec.  185.  The  rolling  stock,  belonging  to  any  railroad  company  or 
corporation  in  this  State,  shall  be  considered  personal  property  and 
shall  be  liable  to  execution  and  sale  as  such. 

Sec.  186.  The  legislature  shall  pass  laws  to  prevent  abuses,  unjust 
discrimination  and  extortion  in  all  charges  of  express,  telephone, 
sleeping  car,  telegraph  and  railroad  companies,  and  shall  enact  laws 
for  the  supervision  of  railroads,  express,  telephone,  telegraph,  sleep- 
ing car  companies  and  other  common  carriers  in  this  State,  by  com- 
mission or  otherwise,  and  shall  provide  adequate  penalties,  to  the 
extent,  if  necessary  for  that  purpose,  of  forfeiture  of  their  franchises. 

Sec.  187.  No  railroad  hereafter  constructed  in  this  State,  shall  pass 
within  three  miles  of  any  county  seat  without  passing  through  the 
same,  and  establishing  and  maintaining  a  depot  therein,  unless  pre- 
vented by  natural  obstacles;  provided,  such  town  or  citizens  shall 
grant  the  right-of-way  through  its  limits,  and  sufficient  ground  for 
ordinary  depot  purposes. 

Sec.  188.  No  railroad  or  other  transportation  company  shall  grant 
free  passes  or  tickets,  or  passes  or  tickets  at  a  discount,  to  members 
of  the  legislature,  or  any  State,  district,  county  or  municipal  officers, 
except  railroad  commissioners.  The  legislature  shall  enact  suitable 
laws  for  the  detection,  prevention  and  punishment  of  violations  of 
this  provision. 

Sec.  189.  All  charters  granted  to  private  corporations  in  this  State 
shall  be  recorded  in  the  chancery  clerk's  office  of  the  county  in  which 
the  principal  office  or  place  of  business  of  such  company  shall  be 
located. 

Sec.  190.  The  exercise  of  the  right  of  eminent  domain  shall  never 
be  abridged,  or  so  construed  as  to  prevent  the  legislature  from  taking 
the  property  and  franchises  of  incorporated  companies,  and  subject- 
ing them  to  public  use ;  and  the  exercise  of  the  police  powers  of  the 
State  shall  never  be  abridged,  or  so  construed  as  to  permit  corpora- 
tions to  conduct  their  business  in  such  manner  as  to  infringe  upon 
the  rights  of  individuals,  or  the  general  well  being  of  the  State. 

Sec.  191.  The  legislature  shall  provide  for  the  protection  of  the 
employees  of  all  corporations  doing  business  in  this  State  from  inter- 
ference with  their  social,  civil,  or  political  rights  by  said  corporations, 
their  agents  or  employees. 

Sec.  192.  Provision  shall  be  made  by  general  laws  whereby  cities 
and  towns  may  be  authorized  to  aid  and  encourage  the  establishment 
of  manufactories,  gas-works,  waterworks,  and  other  enterprises  of 
public  utility  other  than  railroads,  within  the  limits  of  said  cities 


Mississippi— 1890  2113 

or  towns,  by  exempting  all  property  used  for  such  purposes,  from 
municipal  taxation  for  a  ijcriod  not  lonoer  than  ten  years. 

Sec.  11)3.  Every  employee  of  an}-  railroad  corporation  shall  have 
the  same  right  and  remedies  for  any  injury  suffered  by  him  from 
the  act  or  omission  of  said  corporation  or  its  employees,  as  are  allowed 
by  law  to  other  persons  not  employees,  where  the  injury  results  from 
the  negligence  of  a  superior  agent  or  officer,  or  of  a  person  having  the 
right  to  control  or  direct  the  services  of  the  party  injured,  and  also 
when  the  injury  results  from  the  negligence  of  a  fellow-servant  en- 
gaged in  another  department  of  labor  from  that  of  the  party  injured, 
or  of  a  fellow-servant  on  another  train  of  cars,  or  one  engaged  about 
a  dift'erent  piece  of  work.  Knowledge  by  any  employee  injured,  of 
the  defective  or  unsafe  character  or  condition  of  any  machinery, 
ways  or  appliances,  shall  be  no  defense  to  an  action  for  injury  caused 
thereby,  except  as  to  conductors  or  engineers  in  charge  of  dangerous 
or  inisafe  cars,  or  engines  voluntarily  operated  by  them.  Where 
death  ensues  from  any  injury  to  employees,  the  legal  or  personal  rep- 
resentatives of  the  person  injured  shall  have  the  same  right  and 
remedies  as  are  allowed  by  law  to  such  representatives  of  other  per- 
sons. Any  contract  or  agreement,  express  or  imjilied,  made  by  any 
employee  to  waive  the  benefit  of  this  section  shall  be  null  and  void; 
and  this  section  shall  not  be  construed  to  deprive  any  employee  of  a 
cor})oration  or  his  legal  or  personal  representative,  of  any  right  or 
remedy  that  he  now  has  by  the  law  of  the  land.  The  legislature  may 
extend  the  remedies  herein  provided  for  to  any  other  class  of  em- 
ployees. 

Sec.  194.  The  legislature  shall  provide  by  law,  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 
number  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,  so  as  to  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  see  fit;  and  such  directors  or  managers  shall  not  be  elected 
in  any  other  manner:  but  no  jierson  who  is  engaged  oi'  interested  in 
a  competing  business,  either  individually  or  as  employee,  or  stock- 
holder, shall  serve  on  any  board  of  directors  of  any  coi"j)()ration  with- 
out the  consent  of  a  majority  in  interest  of  the  stockholders  thereof. 

Sec.  10.").  Express,  telegraph,  telephone  and  sleeping  car  companies 
are  declared  common  carriers  in  their  respective  lines  of  business  and 
subject  to  liability  as  such. 

Sec.  lOG.  No  transportation  corporation  shall  issue  stocks  or  Bonds 
except  for  money,  labor  done,  or  in  good  faith  agreed  to  be  done,  or 
money  or  property  actually  received:  and  all  fictitious  increase  of 
stock  or  indebtedness  shall  be  void. 

Sec.  197.  The  legislature  shall  not  grant  to  any  foreign  corjioi-ation 
or  association,  a  license  to  build,  operate  or  lease  any  railroad  in  this 
State;  but  in  all  cases  whei-e  a  railroad  is  to  be  built  or  operated, 
and  the  same  shall  be  partly  in  this  State  and  partly  in  another  State, 
or  in  other  States,  the  owners  or  projectors  thereof  shall  first  become 
incorporated  under  the  hiAvs  of  this  State;  nor  shall  any  foreign  cor- 
poration or  association  lease  or  operate  any  railroad  in  this  State  or 
72.^:1 — VOL  'A — 07 1!) 


2114  Mississippi— 1890 

purchase  the  same,  or  any  interest  therein ;  consolidation  of  any  rail- 
road lines  and  corporations  in  this  State  AA'ith  others  shall  be  allowed 
only  Avhore  the  consolidated  company  shall  become  a  domestic  corpo- 
ration of  this  State.  No  general  or  special  law  shall  ever  bo  passed 
for  the  benefit  of  any  foreign  corporation  operating  a  railroad  under 
an  existing  license  from  this  State,  or  under  an  existing  lease;  and 
no  grant  of  any  right  or  privilege,  and  no  exemption  from  any  bur- 
den, shall  be  made  to  any  such  foreign  corporation  except  upon  the 
condition  that  the  owners  or  stockholders  thereof  shall  first  organize 
a  corporation  in  this  State  under  the  laws  thereof,  and  shall  there- 
after operate  and  manage  the  same,  and  the  business  thereof  under 
said  domestic  charter. 

Sec.  198.  The  legislature  shall  enact  laws  to  prevent  all  trusts, 
combinations,  contracts  and  agi'eements  inimical  to  the  public  welfare. 

Sec  199.  The  term  corporation  used  in  this  article  shall  include 
all  associations  and  all  joint  stock  companies  for  pecuniary  gain, 
having  privileges  not  possessed  by  individuals  or  partnerships. 

Sec.  200.  The  legislature  shall  enforce  the  provisions  of  this  article 
by  appropriate  legislation. 

Article  8 

education 

Sec.  201.  It  shall  be  the  duty  of  the  legislature  to  encourage  by  all 
suitable  means,  the  promotion  of  intellectual,  scientific,  moral  and 
agricultural  improvement,  by  establishing  a  uniform  system  of  free 
public  schools,  by  taxation,  or  otherwise,  for  all  children  between  the 
ages  of  five  and  twenty-one  years,  and,  as  soon  as  practicable,  to 
establish  schools  of  higher  grade. 

Sec.  202.  There  shall  be  a  superintendent  of  public  education 
elected  at  the  same  time  and  in  the  same  manner  as  the  governor,  who 
shall  have  the  qualifications  required  of  the  secretary  of  state,  and 
hold  his  office  for  four  years  and  until  his  successor  shall  be  elected 
and  qualified,  w-ho  shall  have  the  general  supervision  of  the  common 
schools,  and  of  the  educational  interests  of  the  State,  and  who  shall 
perform  such  other  duties  and  receive  such  compensation,  as  shall  be 
prescribed  by  law. 

Sec.  203.  There  shall  be  a  board  of  education,  consisting  of  the 
secretary  of  state,  the  attorney-general,  and  the  superintendent  of 
public  education,  for  the  management  and  investment  of  the  school 
funds,  according  to  law,  and  for  the  performance  of  such  other 
■  duties  as  may  be  prescribed.  The  superintendent  and  one  other  of 
said  board  shall  constitute  a  quorum. 

Sec.  204.  There  shall  be  a  superintendent  of  public  education  in 
each  county,  who  shall  be  appointed  by  the  board  of  education  by  and 
with  the  advice  and  consent  of  the  senate,  whose  term  of  office  shall 
be  four  years,  and  whose  qualifications,  compensation  and  duties, 
^hall  be  prescribed  by  law;  provided,  that  the  legislature  shall  have 
power  to  make  the  office  of  county  school  superintendent  of  the  sev- 
eral counties  elective,  or  may  otherwise  provide  for  the  discharge  of 
the  duties  of  county  superintendent,  or  abolish  said  office. 

Sec.  205.  A  public  school  shall  be  maintained  in  each  school  district 
in  the  countv  at  least  four  months  during  each  scholastic  year.     A 


Mississippi — 1890  2115 

school  district  neglecting  to  maintain  its  school  fonr  months,  shall 
be  entitled  to  only  such  part  of  the  free  school  fund  as  may  be 
required  to  pay  the  teacher  for  the  time  actually  taught. 

Sec.  20G.  There  shall  be  a  common  school  fund  which  shall  consist 
of  the  poll  tax  (to  be  retained  in  the  counties  where  the  same  is  col- 
lected) and  an  additional  sum  from  the  general  fund  in  the  State 
treasury  which  together  shall  be  sufficient  to  maintain  the  common 
schools  for  the  term  of  four  months  in  each  scholastic  year.  But 
any  county  or  separate  school  district  may  levy  an  additional  tax  to 
maintain  its  schools  for  a  longer  time  than  the  term  of  four  months. 
The  common  school  fund  shall  be  distributed  among  the  several  coun- 
ties and  separate  school  districts,  in  proportion  to  the  number  of 
educable  children  in  each,  to  be  determined  from  data  collected 
through  the  office  of  the  state  superintendent  of  education,  in  the 
manner  to  be  prescribed  l)y  law. 

Sec.  207.  Separate  schools  shall  be  maintained  for  children  of  the 
white  and  colored  races. 

Sec.  208.  Xo  religious  or  other  sect,  or  sects,  shall  ever  control  any 
part  of  the  school  or  other  educational  funds  of  this  State ;  nor  shall 
any  funds  be  appropriated  towards  the  support  of  any  sectarian 
school;  or  to  any  school  that  at  the  time  of  receiving  such  appro- 
priation is  not  conducted  as  a  free  school. 

Sec.  200.  It  shall  be  the  duty  of  the  legislature  to  provide  by  law 
for  the  support  of  institutions  for  the  education  of  the  deaf,  dumb, 
and  blind. 

Sec.  210.  Xo  piiblic  officer  of  this  State,  or  any  district,  county,  city 
or  town  thereof,  nor  any  teacher  or  trustee  of  any  public  school,  shall 
be  interested  in  the  sale,  proceeds  or  profits  of  any  books,  apparatus 
or  furniture  to  be  used  in  any  public  school  in  this  State.  Penalties 
shall  be  provided  by  law  for  the  violation  of  this  section. 

Sec.  211.  The  Legislature  shall  enact  such  laws  as  may  l)e  necessary 
to  ascertain  the  true  condition  of  the  title  to  the  KUh  sections  of  land 
in  this  State,  or  land  granted  in  lieu  thereof,  in  the  Choctaw  pur- 
chase, and  shall  provide  that  the  sixteenth  section  lands  reserved  for 
the  support  of  township  schools  shall  not  be  sold,  nor  shall  they  be 
leased  for  a  longer  term  than  ten  years  for  a  gross  sum;  but  the 
legislature  may  ])rovide  for  the  lease  of  any  of  said  lands  for  a  term 
not  exceeding  twenty-five  years  for  a  ground  rental  ])ayable  annu- 
ally, and,  in  case  of  uncleared  lands,  may  lease  them  for  such  short 
term  as  may  be  deemed  proi)er  in  consideration  of  the  improvement 
thereof,  with  right  thereafter  to  lease  for  a  term  or  to  hold  on  pay- 
ment of  groinid  rent. 

Sec.  212.  The  rate  of  interest  on  the  fund  known  as  the  Chickasaw 
school  fund,  and  other  trust  funds  for  educational  purposes,  for  which 
the  State  is  responsible,  shall  be  fixed  and  remain  as  long  as  said 
funds  are  held  by  the  State,  at  six  per  centum  per  annum,  from  and 
after  the  close  of  the  fiscal  year  A.  I).,  181)1.  and  the  distribution  of 
said  interest  shall  be  made  semi-annually  on  the  lirst  of  May  and 
Xovember  of  each  year. 

Sec.  21-i.  The  State  having  received  and  appropriated  the  land  do- 
nated to  it  for  the  support  of  Agricultural  and  Mechanical  Colleges, 
by  the  United  States,  and  having,  in  furtherance  of  the  beneficent 
design  of  Congress  in  granting  said  land,  established  the  Agricul- 
tural and  Mechanical  College  of  Mississippi,  and  the  Alcorn  Agri- 


2116  Mississippi— 1890 

cultural  and  Mechanical  College,  it  is  the  duty  of  the  State  to  sacredly 
carr}^  out  the  conditions  of  the  act  of  Congress,  upon  the  subject, 
approved  July  2d,  A.  D.,  1802,  and  the  legislature  shall  preserve 
intact  the  endowments  to,  and  support,  said  colleges. 

Article  9 

MILITIA 

Sec.  214.  All  able-bodied  male  citizens  of  the  State  between  the 
ages  of  eighteen  and  forty-five  years  shall  be  liable  to  military  duty 
in  the  militia  of  this  State,  in  such  manner  as  the  legislature  may 
provide. 

Sec.  215.  The  legislature  shall  provide  for  the  organizing,  arming, 
equipping  and  discipline  of  the  militia,  and  for  paying  the  same 
when  called  into  active  service. 

Sec.  216.  All  officers  of  militia,  except  non-commissioned  officers, 
shall  be  appointed  by  the  governor,  by  and  with  the  consent  of  the 
senate,  or  elected,  as  the  legislature  may  determine ;  and  no  commis- 
sioned officer  shall  be  removed  from  office  except  by  the  senate  on 
suggestion  of  the  governor,  stating  the  ground  on  which  such  removal 
is  recommended,  or  by  the  decision  of  a  court-martial,  pursuant  to 
law,  or  at  his  own  request. 

Sec.  217.  The  governor  shall  be  commander-in-chief  of  the  militia, 
except  when  it  is  called  into  the  service  of  the  United  States,  and 
shall  have  power  to  call  forth  the  militia  to  execute  the  laws,  repel 
invasion,  and  to  suppress  riots  and  insurrections. 

Sec.  218.  The  governor  shall  nominate,  and,  by  and  with  the  con- 
sent of  the  senate,  commission  one  major-general  for  the  State,  who 
shall  be  a  citizen  thereof,  and  also  one  brigadier-general  for  each 
congressional  district,  who  shall  be  a  resident  of  the  district  for 
which  he  shall  be  appointed,  and  each  district  shall  constitute  a 
militia  division. 

Sec.  219.  The  adjutant-general,  and  other  statf  officers  to  the  com- 
mander-in-chief, shall  be  appointed  by  the  governor,  and  their  ap- 
pointment shall  expire  with  the  governor's  term  of  office,  and  the 
legislature  shall  provide  by  law  a  salary  for  the  adjutant-general 
commensurate  with  the  duties  of  said  office. 

Sec.  220.  The  militia  shall  be  exempt  from  arrest  during  their  at- 
tendance on  musters,  and  in  going  to  and  returning  from  the  same, 
except  in  case  of  treason,  felony  or  breach  of  the  peace. 

Sec.  221.  The  legislature  is  hereby  required  to  make  an  annual 
appropriation  for  the  efficient  support  and  maintenance  of  the  Missis- 
sippi National  Guard,  which  shall  consist  of  not  less  than  one  hun- 
dred men  for  each  senator  and  representative  to  which  this  State 
may  be  entitled  in  the  Congress  of  the  United  States;  but  no  part 
of  such  funds  shall  be  used  in  the  payment  of  said  guard  except  when 
in  actual  service. 

Sec.  222,  The  legislature  shall  empower  the  board  of  supervisors 
of  each  county  in  the  State  to  aid  in  supporting  a  military  company 
or  companies,  of  the  Mississippi  National  Guard,  within  its  borders, 
under  such  regulations,  limitations  and  restrictions  as  may  be  pre- 
scribed by  law. 


Mississippi — 1890  2117 

Akticlk  10 
the  pexitentiakv  and  prisons 

Sec.  223.  Xo  ponitentiary  convict  shall  ever  be  leased  or  liired  to 
any  person  or  ])ersons,  or  corporation,  private  or  public  or  <iua.si 
|)ublic,  or  board,  after  December  the  olst,  A.  D.  181)4,  save  as  author- 
ized in  the  next  section,  nor  shall  any  previous  lease  or  hiring  of  con- 
victs extend  beyond  that  date;  and  the  legislature  shall  abandon  the 
system  of  such  leasing  or  hiring  as  much  sooner  than  the  date  men- 
tioned as  may  be  consistent  with  the  economic  safety  of  the  State. 

Sec.  224.  The  legislature  may  authorize  the  emplo^-ment  under 
State  supervision,  and  the  proper  officers  and  emplo3^ees  of  the  State, 
of  convicts  on  public  roads  or  other  public  Avorks,  or  by  any  levee 
board  on  any  public  levees,  under  such  provisions  and  restrictions  as 
it  UU13'  from  time  to  time  see  proper  to  impose;  but  said  convicts  shall 
not  be  let  or  hired  to  any  contractor  under  said  board,  nor  shall  the 
working  of  convicts  on  public  roads,  or  public  works,  by  any  levee 
board  ever  interfere  with  the  preparation  for  or  the  cultivation  of  any 
cro])  Avhich  it  ma}'  be  intended  shall  be  cultivated  by  the  said  con- 
victs, nor  interfere  with  the  good  numagement  of  the  State  farm,  nor 
[)ut  the  State  to  any  expense. 

Sec.  225.  The  legislature  may  place  the  convicts  on  a  State  farm 
or  farms  and  have  them  worked  thereon  under  State  supervision  ex- 
clusively, in  tilling  the  soil  or  manufacturing,  or  both,  and  may  buy 
farms  for  that  purpose.  It  may  establish  a  reformatory  school  or 
schools,  and  provide  for  keeping  of  juvenile  offenders  from  association 
with  hardened  criminals.  It  may  provide  for  the  commutation  of  the 
sentence  of  convicts  for  good  behavior,  and  for  the  constant  separa- 
tion of  the  sexes,  and  for  the  se])aration  of  the  white  and  black  con- 
victs as  far  as  practical)le,  and  for  religious  woVsliij:)  for  the  convicts. 

Sec.  220.  Convicts  sentenced  to  the  county  jail  shall  not  be  hired 
or  leased  to  any  person  or  corporation  outside  the  county  of  their 
conviction,  after  the  first  day  of  January,  A.  D.,  1893,  nor  for  a  term 
which  shall  extend  beyond  that  date. 

AjrncLK  11 

LEVEES 

Sec.  227.  A  levee  system  shall  be  maintained  in  the  State  as  pro- 
vided in  this  article. 

Sec.  228.  The  division  heretofore  made  by  the  legislature  of  the 
alluvial  land  of  the  State  into  two  levee  districts,  viz:  The  Yazoo- 
Mississippi  Delta  Levee  District,  and  the  Mississij)pi  Levee  District, 
as  shown  by  the  laws  creating  the  same,  and  the  aiuendments  thereto. 
is  hereby  recognized,  and  said  districts  shall  so  remain  until  changed 
by  law;  but  the  legislature  may  hereafter  add  to  either  of  said  dis- 
tricts any  other  alluvial  land  in  the  State. 

Sec.  220.  There  shall  be  a  board  of  levee  connnissioners  for  the 
Yazoo-lMississij^jn  Delta  Levee  District,  which  shall  consist  of  two 
members  from  each  of  the  counties  of  Coahoma  and  Tunica,  and  one 
member  from  each  of  the  remaining  counties  or  parts  of  counties, 


2118  Mississippi— 1890 

now  or  hereafter  embraced  within  the  limits  of  said  district,  and  the 
governor  may  appoint  a  stockholder  in  the  Louisville,  New  Orleans 
&  Texas  Railway  Conipai\\^  as  an  additional  commissioner;  and  there 
shall  also  be  a  board  of  levee  commissioners  for  the  INIississippi  Levee 
District,  which  shall  consist  of  two  members  from  each  of  the  counties 
of  Bolivar  and  Washington,  and  one  from  each  of  the  counties  of 
Issaquena  and  Sharkey.  In  the  event  of  the  formation  of  a  new 
county  or  counties  out  of  the  territory  embraced  in  either  or  both  of 
said  levee  districts  such  new  counties  shall  each  be  entitled  to  repre- 
sentation and  membership  in  the  proper  board  or  boards. 

Sec.  230.  All  of  said  commissioners  shall  be  qualified  electors  of  the 
respective  counties  or  parts  of  counties  from  which  they  may  be 
chosen,  except  the  one  selected  for  the  Louisville,  New  Orleans  & 
Texas  Railway  Company;  and  the  legislature  shall  provide  that  they 
shall  each  give  bond  for  the  faithful  performance  of  his  duties,  and 
shall  fix  the  penalty  thereof;  but  the  penalty  of  such  bond  in  no 
instance  shall  be  fixed  at  less  than  $10,000,  and  the  sureties  thereon 
shall  be  freeholders  of  the  district. 

Sec.  231.  WHien  the  terms  of  the  present  levee  commissioners  shall 
expire,  or -whenever  a  vacancy  shall  occur  or  be  about  to  occur,  in 
either  of  said  boards,  the  governor  shall  make  appointments  to  fill 
vacancies,  subject  to  the  confirmation  of  the  senate.  The  terms  of 
office  of  said  commissioners  shall  remain  as  provided  by  law  at  the 
adoption  of  this  constitution,  but  this  provision  shall  not  require  the 
appointment  of  a  commissioner  for  the  Louisville,  New  Orleans  & 
Texas  Railway  Company,  except  in  the  discretion  of  the  governor  as 
provided. 

Sec.  232.  The  commissioners  of  said  levee  districts  shall  have  super- 
vision of  the  erection,  repair  and  maintenance  of  the  levees  in  their 
respective  districts. 

Sec.  233.  The  levee  boards  shall  have  and  are  hereby  granted 
authority  and  full  power  to  appropriate  private  property  in  their 
respective  districts  for  the  purpose  of  constructing,  maintaining  and 
repairing  levees  therein;  and  when  an}^  owner  of  land,  or  any  other 
person  interested  therein,  shall  object  to  the  location  or  building  of 
the  levee  thereon,  or  shall  claim  compensation  for  any  land  that  may 
be  taken,  or  for  any  damages  he  may  sustain  in  consequence  thereof, 
the  president  or  other  proper  officer  or  agent  of  such  levee  board,  or 
owner  of  such  land,  or  other  person  interested  therein,  may  forthwith 
applv  for  an  assessment  of  the  damages  to  which  said  person  claim- 
ing the  same  may  be  entitled  whereupon  the  proceedings  as  now  pro- 
vided by  law  shall  be  taken,  viz:  in  the  Mississippi  Levee  District,  in 
accordance  with  the  terms  and  provisions  of  section  3  of  an  act 
entitled  "  an  act  to  amend  an  act  to  incorporate  the  Board  of  Levee 
Commissioners  for  Bolivar,  AVashington  and  Issaquena  counties,  and 
for  other  purposes,"  approved,  November,  27,  A.  D.,  1865,  and  to 
revise  acts  amendatory  thereof,  approved  March  13,  A.  D.  1884;  and 
in  the  Yazoo-Mississippi  Delta  Levee  District,  in  accordance  with  the 
terms  and  provisions  of  section  three  of  an  act  entitled  "  an  act  to 
incorporate  the  board  of  levee  commissioners  for  the  Yazoo-Missis- 
sippi Delta,  and  for  other  purposes,"  approved  February  28,  A.  D., 
1884."  and  the  amendments  thereto:  but  the  legislature  shall  have 
full  power  to  alter  and  amend  said  several  acts,  and  to  provide  differ- 
ent manners  of  jirocedure. 


Mississippi— 1890  2119 

Sec.  234.  No  bill  changing  the  boundaries  of  the  district  or  affect- 
ing the  taxation  or  revenue  of  the  Yazoo-Mississippi  Delta  Levee 
District,  or  the  Mississippi  Levee  District,  shall  be  considered  by  the 
legislature  unless  said  bill  shall  have  been  published  in  some  news- 
pajDer  in  the  county  in  which  is  situated  the  domicile  of  the  board  of 
levee  commissioners  of  the  levee  district  to  be  affected  thereb3%  for 
four  weeks  prior  to  the  introduction  thereof  into  the  legislature ;  and 
no  such  bill  shall  be  considered  for  final  passage  by  either  the  senate 
or  house  of  representatives,  unless  the  same  shall  have  been  referred 
to,  and  reported  on,  b}^  an  appropriate  committee  of  each  house  in 
which  the  same  may  be  pending;  and  no  such  committee  shall  con- 
sider or  report  on  any  such  bill  unless  publication  thereof  shall  have 
been  made  as  aforesaid. 

Sec.  235.  Each  levee  board  shall  make  at  the  end  of  each  fiscal  year, 
to  the  governor  of  this  State,  a  report  showing  the  condition  of  the 
levees,  and  recommending  such  additional  legislation  on  the  subject 
of  the  sA'stem  as  shall  be  thought  necessary,  and  showing  the  receipts 
and  expenditures  of  the  board,  so  that  each  item,  the  amount  and 
consideration  therefor,  shall  distinctly  appear,  together  with  such 
other  matters  as  it  shall  be  thought  proper  to  call  to  the  attention  of 
the  legislature. 

Sec.  23G.  The  legislature  shall  impose  for  levee  purposes,  in  addi- 
tion to  the  levee  taxes  heretofore  levied  or  authorized  by  law,  a  uni- 
form tax  of  not  less  than  two  nor  more  than  five  cents  an  acre,  per 
annum,  upon  every  acre  of  land  now.  or  hereafter,  embraced  within 
the  limits  of  either,  or  both,  of  said  levee  districts.  The  taxes  so 
derived  shall  be  paid  into  the  treasury  of  the  levee  board  of  the  dis- 
trict in  which  the  land  charged  with  the  same  is  situated ;  and  the 
legislature,  by  the  act  imposing  said  tax.  shall  authorize  said  levee 
boards  to  fix  the  annual  rate  of  taxation  per  acre  within  the  limits 
aforesaid,  and  thereby  require  said  levee  boards,  whenever  a  reduc- 
tion is  made  by  them  in  their  other  taxes,  to  make  a  proportionate 
reduction  in  the  acreage  tax  hereinbefore  mentioned:  but  said  acre- 
age tax  shall  not  be  reduced  below  two  cents  an  acre  per  aiuium;  and 
all  reductions  in  such  taxation  shall  be  uniform  in  each  said  districts; 
but  the  rate  of  taxation  need  not  be  the  same  in  both  of  them :  and 
such  specific  taxes  shall  be  assessed  on  the  same  assessment  roll,  and 
collected  under  the  same  penalties  as  the  ad  valore/n  taxes  for  levee 
purposes,  and  shall  be  paid  at  the  same  time  with  the  latter.  And 
no  levee  board  shall  ever  be  permitted  to  buy  lands  when  sold  for 
taxes;  but  the  senate  shall  have  a  prior  lien  for  the  taxes  due  thereto. 
The  legislature  ma}'  provide  for  the  discontinuance  of  the  tax  on  cot- 
ton, but  not  in  such  manner  as  to  affect  outstanding  bonds  based  on 
it,  and  on  the  discontinuance  of  the  tax  on  cotton,  shall  impose 
another  tax  in  lieu  thereof,  but  the  legislature  may  repeal  the  acreage 
tax  required  to  be  levied  hereby,  after  the  first  dav  of  January,  A.  D., 
1895. 

Sec.  237.  The  legislature  shall  have  full  power  to  provide  such 
system  of  taxation  for  said  levee  districts  as  it  shall  from  time  to 
time  deem  wise  and  proper. 

Sec.  238.  No  property  situated  between  the  levee  and  the  Missis- 
sippi river  shall  be  taxed  for  levee  purposes,  nor  shall  damage  be 
paid  to  any  owner  of  land  so  situated  because  of  it  being  left  outside 
a  levee. 


2120  Mississippi— 1890 

Sec.  239.  The  legislature  shall  require  the  levee  boards  to  publish 
at  each  of  their  sessions,  an  itemized  account  embracing  their  respec- 
tive receipts  since  the  prior  session,  and  such  appropriations  as  have 
been  made  or  ordered  by  them  respectively,  in  some  newspaper  or 
newspapers  of  the  district. 

Article  12 

franchise 

Sec.  240.  All  elections  by  the  people  shall  be  by  ballot. 

Sec.  241.  Every  male  inhabitant  of  this  State,  except  idiots,  insane 
persons  and  Indians  not  taxed,  who  is  a  citizen  of  the  United  States, 
twenty-one  years  old  and  upwards,  who  has  resided  in  this  State 
two  years,  and  one  year  in  the  election  district,  or  in  the  incorporated 
city  or  town,  in  which  he  offers  to  vote,  and  who  is  duly  registered 
as  provided  in  this  article,  and  who  has  never  been  convicted  of 
briber}^,  burglary,  theft,  arson,  obtaining  money  or  goods  under  false 
pretenses,  perjury,  forgery,  imbezzlement  or  bigamy,  and  who  has 
paid,  on  or  before  the  first  day  of  February  of  the  year  in  which  he 
shall  offer  to  vote,  all  taxes  which  may  have  been  legally  required  of 
him,  and  wdiich  he  has  had  an  opportunity  of  paying  according  to 
law,  for  the  two  preceding  j^ears,  and  who  shall  produce  to  the  officers 
holding  the  election  satisfactorj^  evidence  that  he  has  paid  said  taxes, 
is  declared  to  be  a  qualified  elector;  but  an}?^  minister  of  the  gospel 
in  charge  of  an  organized  church  shall  be  entitled  to  vote  after  six 
months  residence  in  the  election  district,  if  otherwise  qualified. 

Sec.  242.  The  legislature  shall  provide  by  law  for  the  registration 
of  all  persons  entitled  to  vote  at  any  election,  and  all  persons  offering 

to  register  shall  take  the  following  oath  or  affirmation :  "  I , 

do  solemnly  swear  (or  affirm)  that  I  am  twenty-one  jenrs  old,  (or  I 
will  be  before  the  next  election  in  this  count}?^)    and  that  I  will 

have  resided  in  this  State  two  years,  and election  district  of 

county  one  year  next  preceding  the  ensuing  election  [or  if  it 

be  stated  in  the  oath  that  the  person  proposing  to  register  is  a  min- 
ister of  the  gospel  in  charge  of  an  organized  church,  then  it  will 
be  sufficient  to  aver  therein,  two  years  residence  in  the  State  and  six 
months  in  said  election  district],  and  am  now  in  good  faith  a  resi- 
dent of  the  same,  and  that  I  am  not  disqualified  from  voting  by 
reason  of  having  been  convicted  of  any  crime  named  in  the  consti- 
tution of  this  State  as  a  disqualification  to  be  an  elector;  that  I  will 
truly  answer  all  questions  propounded  to  me  concerning  my  ante- 
cedents so  far  as  they  relate  to  my  right  to  vote,  and  also  as  to  my 
residence  before  my  citizenship  in  this  district ;  that  I  will  faithfully 
support  the  constitution  of  the  United  States  and  of  the  State  of 
Mississippi,  and  will  bear  true  faith  and  allegiance  to  the  same.  So 
help  me  God."  In  registering  voters  in  cities  and  towns,  not  wholly 
in  one  election  district,  the  name  of  such  city  or  town  may  be  sub- 
stituted in  the  oath  for  the  election  district.  Am'^  willful  and  cor- 
rupt false  statement  in  said  affidavit,  or  in  answer  to  any  material 
question  propounded  as  herein  authorized,  shall  be  perjury. 

Sec.  243.  A  uniform  poll  tax  of  two  dollars,  to  be  used  in  aid  of 
the  common  schools,  and  for  no  other  purpose,  is  hereby  imposed 
on  every  male  inhabitant  of  this  State  between  the  ages  of  twenty-one 


Mississippi— 1890      .  2121 

and  sixty  years,  except  persons  avIio  are  deaf  and  dumb  or  blind,  or 
who  are  maimed  by  loss  of  hand  or  foot ;  said  tax  to  l)e  a  lien  only  upon 
taxable  property.  The  board  of  supervisors  of  any  county  may,  for 
the  purpose  of  aiding  the  connnon  schools  in  that  county,  increase 
the  i^oU  tax  in  said  county,  but  in  no  case  shall  the  entire  poll  tax 
exceed  in  any  one  year  three  dollars  on  each  poll.  No  criminal 
proceedings  shall  be  allowed  to  enforce  the  collection  of  the  poll 
tax. 

Sec.  244.  On  and  after  the  first  day  of  January,  A.  I).,  1892,  every 
elector  shall,  in  addition  to  the  foregoing  qualifications,  be  able  to 
read  any  section  of  the  constitution  of  this  State;  or  he  shall  be 
able  to  understand  the  same  when  read  to  him,  or  give  a  reasonable 
interpretation  thereof.  A  new  registration  shall  be  made  before  the 
next  ensuing  election  after  January  the  first,  A.  I).,  1892. 

Sec.  245.  Electors  in  municipal  elections  shall  possess  all  the  quali- 
fications herein  prescribed,  and  such  additional  (qualifications  as  may 
be  provided  bv  law. 

Sec.  24G.  Prior  to  the  first  day  of  January.  A.  D.,  189G,  the  elec- 
tions by  the  people  in  this  State  shall  be  regulated  by  an  ordinance 
of  this  convention. 

Sec.  247.  The  legislature  shall  enact  laws  to  secure  fairness  in  party 
primary  elections,  conventions  or  other  methods  of  naming  party 
candidates. 

Sec.  248.  Suitable  remedies  by  appeal  or  otherwise  shall  be  pro- 
vided by  law,  to  correct  illegal  or  improper  registration  and  to  secure 
the  elective  franchise  to  those  who  may  be  illegally  or  improperly 
denied  the  same. 

Sec.  249.  No  one  shall  be  allowed  to  A^ote  for  members  of  the  legis- 
lature or  other  officers  who  has  not  been  duly  registered  under  the 
constitution  and  laws  of  this  State,  by  an  officer  of  this  State,  legally 
authorized  to  register  the  voters  thereof.  And  registration  uiuler  the 
constitution  and  laws  of  this  State  by  the  proper  officers  of  this  State 
is  hereby  declared  to  be  an  essential  and  necessary  qualification  to 
vote  at  any  and  all  elections. 

Sec.  2.50.  All  qualified  electors  and  no  others  shall  be  eligible  to 
office  as  otherwise  provided  in  this  constitution. 

Sec.  251.  Electors  shall  not  be  registered  within  four  months  next 
before  any  election  at  Avhicli  they  may  offer  to  vote ;  but  appeals  may 
be  heard  and  determined  and  revision  take  place  at  any  time  prior  to 
the  election ;  and  no  person  who,  in  respect  to  age  and  residence, 
would  become  entitled  to  vote,  within  the  said  four  months,  shall  be 
excluded  from  registration  on  account  of  his  want  of  (lualilication  at 
the  time  of  registration. 

Sec.  252.  The  t(>i-m  of  office  of  all  elective  officers  under  this  consti- 
tution shall  be  four  years,  except  as  otherwise  i)rovided  herein.  A 
general  election  for  all  elective  officers  shall  be  held  on  the  Tuesday 
next  after  the  first  Monday  of  November,  A.  D.,  1895,  and  every  four 
(4)  3^ears  thereafter;  provided,  the  legislature  may  change  the  day 
and  date  of  general  elections  to  any  day  and  date  in  October,  Novem- 
ber or  December. 

Sec.  253.  The  legislature  may  by  a  two-thirds  vote  of  both  houses, 
of  all  members  elected,  restore  the  right  of  sulfrage  to  any  ])erson  dis- 
qualified by  reason  of  crime;  but  the  reasons  therefor  shall  be  spread 
upon  the  journals,  and  the  vote  shall  be  by  yeas  and  nays. 


2122  ^        Mississippi— 1890 

Article  13 
apportionment 

Sec.  254.  The  number  of  representatives  in  the  lower  house  of  the 
legislature  shall  be  one  hundred  and  thirty-three,  to  be  apportioned 
as  follows  : 

First— The  counties  of  Choctaw,  Covington,  Greene,  Hancock, 
Issaquena,  Jones,  Lawrence,  Leflore,  Marion,  Neshoba,  Pearl  River, 
Perry,  Quitman,  Scott,  Sharkey,  Simpson,  Smith,  Sunflower,  Talla- 
hatchie, Tishomingo,  Tunica,  Wayne  and  Webster,  each  shall  have 
one  representative. 

Second — The  counties  of  Alcorn,  Amite,  Attala,  Bolivar,  Cal- 
houn, Carroll,  Chickasaw,  Clay,  Coahoma,  DeSoto,  Kemper,  Lafay- 
ette, Madison,  Newton,  Pike,  Pontotoc,  Prentiss,  Rankin,  Tate, 
Union,  Wilkinson  and  Yalobusha,  each  shall  have  two  representatives. 

Third — The  counties  of  Copiah,  Holmes,  Marshall,  Monroe,  Noxu- 
bee, Panola,  Warren  and  Washington,  each  shall  have  three  rep- 
resentatives. 

Fourth — The  counties  of  Franklin  and  Lincoln  each  shall  have  one 
representative  and  a  floater  between  them. 

Fifth — The  counties  of  Tippah  and  Benton  each  shall  have  one 
representative  and  a  floater  between  them. 

Sixth — The  counties  of  Claiborne  and  Jefferson  each  shall  have  one 
representative  and  a  floater  between  them. 

Seventh — The  counties  of  Clarke  and  Jasper  each  shall  have  one 
representative  and  a  floater  between  them. 

Eighth — The  counties  of  Grenada  and  Montgomery,  each  shall 
have  one  representative  and  a  floater  between  them. 

Ninth — The  counties  of  Leake  and  Winston,  each  shall  have  one 
representative  and  a  floater  between  them. 

Tenth — The  counties  of  Harrison  and  Jackson,  each  shall  have  one 
representative  and  a  floater  between  them. 

Eleventh — The  county  of  Yazoo  shall  have  three  representatives 
and  the  county  of  Hinds  shall  have  three  representatives,  and  they 
shall  have  a  floater  between  them. 

Twelfth — The  county  of  Lauderdale  shall  have  three  representa- 
tives, one  to  be  elected  by  the  city  of  Meridian,  one  by  the  county 
outside  the  city  limits,  and  one  by  the  whole  county  including 
Meridian. 

Thirteenth — The  county  of  Adams  outside  of  the  city  of  Natchez 
shall  have  one  representative  and  the  city  of  Natchez  one  representa- 
tive. 

Fourteenth — The  county  of  Lowndes  shall  have  three  representa- 
tives, two  of  whom  shall  be  elected  by  that  j^art  of  the  county  east 
of  the  Tombigbee  river,  and  one  by  that  portion  of  the  county  west 
of  said  river. 

Fifteenth — The  county  of  Oktibbeha  shall  have  two  representa- 
tives, one  of  whom  shall  be  elected  by  that  portion  of  the  county  east 
of  the  line  running  north  and  south  between  ranges  thirteen  and  four- 
teen, and  the  other  by  that  portion  of  the  county  west  of  said  line. 

Sixteenth — The  county  of  Lee  shall  have  two  representatives,  the 
county  of  Itawamba  one,  and  a  floater  between  them. 


Mississippi— 1890  2 1 23 

Seventeenth — In  counties  divided  into  legislative  districts,  any 
citizen  of  the  county  elioil>le  for  election  to  the  House  of  Representa- 
tives shall  be  eligible  to  represent  any  district  thereof. 

THE    SENATE 

Sec.  255.  The  number  of  senators  shall  be  forty-five  and  are  appor- 
tioned as  follows : 

First — The  counties  of  Hancock.  Harrison  and  Jackson  shall  con- 
stitute the  first  district,  and  elect  one  senator. 

Second — The  counties  of  AVayne,  Jones,  Perry  and  Greene  the 
second  district,  and  elect  one  senator. 

Third — The  counties  of  Jasper  and  Clarke  the  third  district,  and 
elect  one  senator. 

Fourth — The  counties  of  Simpson,  Covington.  ^Marion  and  Pearl 
River,  the  fourth  district,  and  elect  one  senator. 

Fifth — The  counties  of  Rankin  and  Smith  the  fifth  district  and 
elect  one  senator. 

Sixth — The  counties  of  Pike  and  Franklin  the  sixth  district,  and 
elect  one  senator. 

Seventh — The  counties  of  Amite  and  Wilkinson  the  seventh  dis- 
trict, and  elect  one  senator. 

Eighth — The  counties  of  Lincoln  and  Lawrence  the  eighth  district, 
and  elect  one  senator. 

Ninth — The  county  of  Adams  the  ninth  district,  and  elect  one 
senator. 

Tenth — The  counties  of  Claiborne  and  Jefferson  the  tenth  district, 
and  elect  one  senator. 

Eleventh — The  county  of  Copiah  the  eleventh  district,  and  elect 
one  senator. 

Twelfth — The  counties  of  Hinds  and  Warren  the  twelfth  district, 
and  elect  one  senator  each  and  a  senator  between  them,  to  be  chosen 
from  the  counties  alternately,  beginning  with  Hinds. 

Thirteenth — The  counties  of  Scott  and  Newton  the  thirteenth  dis- 
trict, and  elect  one  senator. 

Fourteenth — The  county  of  Lauderdale,  the  fourteenth  district, 
and  elect  one  senator. 

Fifteenth — The  counties  of  Kemper  and  Winston  the  fifteenth  dis- 
trict, and  elect  one  senator. 

Sixteenth — The  county  of  Noxubee  the  sixteenth  district,  and  elect 
one  senator. 

Seventeenth — The  counties  of  Leake  and  Neshoba  the  seventeenth 
district,  and  elect  one  senator. 

Eighteenth — The  county  of  Madison  the  eighteenth  district,  and 
elect  one  senator. 

Nineteenth — The  county  of  Yazoo  the  nineteenth  district,  and  elect 
one  senator. 

Twentieth — The  counties  of  Sharkey  and  Issaquena  the  twentieth 
district,  and  elect  one  senator. 

Twenty-first — The  county  of  Holmes  the  twenty-first  district,  and 
elect  one  senator. 

Twenty-second — The  county  of  Attala  the  twenty-second  district 
and  elect  one  senator. 


2124  Mississippi— 1890 

Twenty-third — The  counties  of  Oktibbeha  and  Choctaw  the  twenty- 
third  district,  and  elect  one  senator. 

Twenty-fourth — The  counties  of  Chiy  and  Webster  the  twenty- 
fourth  district,  and  elect  one  senator. 

Twenty-fifth — The  county  of  Lowndes  the  twenty-fifth  district, 
and  elect  one  senator. 

Twenty-sixth — The  counties  of  Carroll  and  ^lontgomery  the 
twenty-sixth  district,  and  elect  one  senator. 

Twenty-seventh — The  counties  of  Leflore  and  Tallahatchie  the 
twenty-seventh  district,  and  elect  one  senator. 

Twenty-eiohth — The  counties  of  Yalobusha  and  Grenada  the 
twenty-eighth  district,  and  elect  one  senator. 

Twenty-ninth — The  counties  of  Washington  and  Sunflower  the 
twenty-ninth  district ;  the  county  of  Washington  shall  elect  one  sena- 
tor, and  the  counties  of  Washington  and  Sunflower  a  senator  between 
them. 

Thirtieth — The  county  of  Bolivar  the  thirtieth  district,  and  elect 
one  senator. 

Thirty-first — The  counties  of  Chickasaw,  Calhoun  and  Pontotoc 
the  thirty-first  district,  and  elect  two  senators ;  both  senators  shall  at 
no  time  be  chosen  from  the  same  count3\ 

Thirty-second — -The  county  of  Lafayette  the  thirty-second  district, 
and  elect  one  senator. 

Thirty-third — the  county  of  Panola  the  thirty-third  district,  and 
elect  one  senator. 

Thirty-fourth — The  counties  of  Coahoma,  Tunica  and  Quitman  the 
thirt^^-fourth  district,  and  elect  one  senator. 

Thirty-fifth — The  county  of  DeSoto  the  thirty-fifth  district,  and 
elect  one  senator. 

Thirty-sixth — ^The  counties  of  Union,  Tippah,  Benton,  Marshall 
and  Tate  the  thirty-sixth  district,  and  elect  three  senators.  The  coun- 
ties of  Tate  and  Benton  shall  be  entitled  to  one ;  the  counties  of  L'nion 
and  Tippah  one ;  and  the  county  of  ^Larshall  one. 

Thirty-seventh — The  counties  of  Tishomingo,  Alcorn  and  Prentiss 
the  thirty-seventh  district,  and  elect  one  senator. 

Thirty-eighth — The  counties  of  Monroe,  Lee  and  Itawamba  the 
thirty-eightli  district,  and  elect  two  senators,  one  of  whom  shall  be  a 
resident  of  the  county  of  Monroe  and  the  other  a  resident  of  Lee  or 
Itawamba  counties. 

Sec.  256.  The  Legislature  may  at  the  first  session  after  the  State 
census  of  1895  and  decennially  thereafter,  make  a  new  apportion- 
ment of  Senators  and  Representatives.  At  each  apportionment,  each 
county  then  organized  shall  have  at  least  one  Representative.  New 
counties  afterwards  created  shall  be  represented  as  may  be  provided 
by  law,  until  the  next  succeeding  apportionment.  The  counties  of 
Tishomingo,  Alcorn,  Prentiss,  Lee.  Itawamba,  Tippah,  L^nion.  Ben- 
ton, Marshall,  Lafayette.  Pontotoc,  Monroe,  Chickasaw,  Calhoun, 
Yalobusha,  Grenada.  Carroll,  Montgomery,  Choctaw,  Webster,  Clay. 
Lowndes  and  Oktibbeha,  or  the  territory  now  composing  them, 
shall  together  never  have  less  than  forty-four  representatives.  The 
counties  of  Attala,  Winston,  Xoxubee,  Kemper,  Leake,  Neshoba,  Lau- 
derdale, Newton,  Scott,  Rankin,  Clarke,  Jasper,  Smith,  Simpson, 
Copiah,   Franklin,   Lincoln,   Lawrence,    Covington,   Jones,   AVayne. 


Mississippi — 1890  2125 

Greene,  Perry,  Marion,  Pike,  Pearl  River,  Hancock,  Harrison  and 
Jackson,  or  the  territor}'  now  composing  them,  shall  together  never 
have  less  than  forty-four  representatives;  nor  shall  the  remaining 
counties  of  the  State,  or  the  territory  now  composing  them,  ever 
have  less  than  forty-four  representatives.  A  reduction  in  the  number 
of  senators  and  representatives  may  be  made  by  the  legislature  if  the 
same  be  uniform  in  each  of  the  three  said  divisions;  but  the  number 
of  representatives  shall  not  be  less  than  one  hundred,  nor  more  than 
one  hundred  and  thirty-three;  nor  the  number  of  senators  less  than 
thirty,  nor  more  than  forty-five. 

Article  14 
general  provisions 

Sec.  257.  The  political  year  of  the  State  of  Mississippi  shall  com- 
mence on  the  first  Monday  of  January  in  each  year. 

Sec.  258.  The  credit  of  the  State  shall  not  be  pledged  or  loaned  in 
aid  of  any  person,  association  or  corporation;  and  the  State  shall  not 
become  a  stockholder  in  any  corpoi-ation  or  association,  nor  assume, 
redeem,  secure  or  pay  any  indebtedness  or  pretended  indebtedness 
alleged  to  be  due  by  the  State  of  Mississippi,  to  any  person,  associa- 
tion or  corporation  whatsoever,  claiming  the  same  as  owners,  holders 
or  assignees  of  any  bond  or  bonds,  now  generally  known  as  "  Union 
Bank  '■  bonds  and  "'  Planters'  Bank  "  bonds. 

Sec.  250.  No  county  seat  shall  be  removed  unless  such  removal  be 
authorized  by  two-thirds  of  the  electors  of  the  county  voting  there- 
for; but  when  the  ])roposed  removal  shall  be  towards  the  center  of 
the  county,  it  may  be  made  when  a  majority  of  the  electors  partici- 
pating in  the  election  shall  vote  therefor. 

Sec.  200.  No  new  county  shall  be  formed  unless  a  majority  of  the 
qualified  electors  voting  in  each  part  of  the  county  or  counties  pro- 
posed to  be  dismembered  and  embraced  in  the  new  county,  shall 
separately  vote  therefor;  nor  shall  the  boundary  of  any  judicial  dis- 
trict in  a  county  he  changed  unless  at  an  election  held  for  that  pur- 
pose, two-thirds  of  those  voting  assent  thereto.  The  elections  pro- 
vided for  in  this  and  the  section  next  preceding  shall  not  be  held  in 
any  county  oftener  than  once  in  four  years.  Xo  new  county  shall 
contain  less  than  four  hundred  square  miles;  nor  shall  any  existing 
county  be  reduced  below  that  size. 

Sec.  201.  The  expenses  of  criminal  prosecutions,  except  those  before 
justices  of  the  peace,  shall  be  borne  by  the  county  in  which  such  prose- 
cutions shall  be  begun  ;  and  all  net  fines  and  forfeitures  shall  be  paid 
into  the  treasury  of  such  county.  Defendants  in  cases  of  conviction 
may  be  taxed  with  tlie  costs. 

Sec.  202.  The  })oard  of  supervisors  shall  have  ]V)wer  to  ])r()vid(' 
homes  or  farms  as  asylums  for  those  persons,  who,  by  reason  of  age. 
infirmity,  or  misfortune,  may  have  claims  upon  the  sympathy  and  aid 
of  society;  and  the  legislature  shall  enact  suitable  laws  to  prevent 
abuses  by  those  having  the  care  of  such  i-jcrsons. 

Sec.  203,  The  mari-inge  of  a  white  person  with  a  negro  or  mulatto, 
or  person  who  shall  have  one-eighth  or  more  of  negro  blood,  shall  be 
mdawful  and  void. 


2126  Mississippi— 1890 

Sec.  264.  No  person  shall  be  a  grand  or  petit  juror  unless  a  qnal- 
ified  elector  and  able  to  read  and  write;  but  the  want  of  any  such 
qualification  in  any  juror  shall  not  vitiate  any  indictment  or  verdict. 
The  legislature  shall  provide  by  law  for  procuring  a  list  of  persons 
so  qualified,  and  the  drawing  therefrom  of  grand  and  petit  jurors  for 
each  term  of  the  circuit  court. 

Sec.  205.  No  person  who  denies  the  existence  of  a  Supreme  Being 
shall  hold  any  office  in  this  State. 

Sec.  266.  No  person  holding  or  exercising  the  rights  or  powers  of 
any  office  of  honor  or  profit,  either  in  his  own  right,  or  as  a  deputj?^, 
or  while  otherwise  acting  for  or  in  the  name,  or  by  the  authority  of 
another,  under  any  foreign  government,  or  under  the  government  of 
the  United  States,  shall  hold  or  exercise  in  any  way  the  rights  and 
powers  of  any  office  of  honor  or  j^rofit  under  the  laws  or  authority  of 
this  State,  except  notaries,  commissioners  of  deeds,  and  United  States 
commissioners. 

Sec.  267.  No  person  elected  or  appointed  to  any  office  or  employ- 
ment of  profit  under  the  laws  of  this  State,  or  by  virtue  of  any  ordi- 
nance of  any  municipality  of  this  State,  shall  hold  such  office  or 
employment  without  personally  devoting  his  time  to  the  performance 
of  the  duties  thereof. 

Sec.  268.  All  officers  elected  or  appointed  to  any  office  in  this  State, 
except  judges  and  members  of  the  legislature,  shall,  before  entering 
upon  the  discharge  of  the  duties  thereof,  take  and  subscribe  the  fol- 
lowing oath : 

"  I ,  do  solemnly  swear  (or  affirm)  that  I  will  faith- 
fully support  the  constitution  of  the  United  States,  and  the  constitu- 
tion of  the  State  of  Missisippi,  and  obey  the  laws  thereof;  that  I  am 

not  disqualified  from  holding  the  office  of ;  that  I  will 

faithfully  discharge  the  duties  of  the  office  upon  which  I  am  about 
to  enter.     So  help  me  God." 

Sec.  269.  Every  devise  or  bequest  of  lands,  tenements  or  heredita- 
ments, or  any  interest  therein,  of  freehold,  or  less  than  freehold, 
either  present  or  future,  vested  or  contingent,  or  of  any  money 
directed  to  be  raised  by  the  sale  thereof,  contained  in  any  last  Avill 
and  testament,  or  codicil,  or  other  testamentary  writing,  in  favor  of 
any  religious  or  ecclesiastical  corporation,  sole  or  aggregate,  or  anj'^ 
religious  or  ecclesiastical  society,  or  to  any  religious  denomination,  or 
association  of  persons,  or  to  any  person  or  bodj^  politic,  in  trust, 
either  expressed  or  implied,  secret  or  resulting,  either  for  the  use 
and  benefit  of  such  religious  corporation,  society,  denomination  or 
association,  or  for  the  purpose  of  being  given  or  appropriated  to 
charitable  uses  or  purposes,  shall  be  null  and  void,  and  the  heir-at- 
law  shall  take  the  same  property  so  devised  or  bequeathed,  as  though 
no  testamentary  disposition  had  been  made. 

Sec.  270.  Every  legacy,  gift  or  bequest,  of  money  or  personal 
property,  or  of  any  interest  benefit  or  use  therein,  either  direct, 
implied  or  otherwise,  contained  in  any  last  will  and  testament  or 
codocil,  in  favor  of  any  religious  or  ecclesiastical  corporation,  sole  or 
aggregate,  or  any  religious  or  ecclesiastical  society,  or  to  any  religious 
denomination  or  association,  either  for  its  own  use  or  benefit,  or  for 
the  purpose  of  being  given  or  appropriated  to  charitable  uses,  shall 
be  null  and  void,  and  "the  distributees  shall  take  the  same^as  though 
no  such  testamentary  disposition  had  been  made. 


Mississippi — 1890  2127 

Sec.  271.  The  legislature  may  provide  for  the  consolidation  of 
existing  counties,  if  a  majority  of  the  qualified  electors  of  such 
counties  voting  at  an  election  held  for  that  purpose,  shall  vote 
therefor. 

Sec.  272,  The  legislature  shall  provide  by  law,  pensions  for  indi- 
gent soldiers  and  sailors  who  enlisted  and  honorably  served  in  the 
Confederate  army  or  navy  in  the  late  civil  Avar,  who  are  now  resident 
in  this  State,  and  are  not  able  to  earn  a  sui:)port  by  their  own  labor. 
Pensions  shall  also  be  allowed  to  the  indigent  widows  of  such  soldiers 
or  sailors  now  dead,  when  from  age  or  disease,  they  cannot  earn  a  sup- 
port. Pensions  shall  also  be  allowed  to  tiie  wives  of  such  soldiers  or 
sailors  upon  the  death  of  the  husband,  if  disabled  and  indigent  as 
aforesaid.  Pensions  granted  to  widows  shall  cease  upon  their  sub- 
sequent marriage. 

Article  15 
amendments  to  the  constitution 

Sec.  273,  "Whenever  two-thirds  of  each  house  of  the  legislature 
shall  deem  any  change,  alteration,  or  amendment  necessary  to  this 
constitution,  such  proposed  change,  alteration  or  amendment  shall 
be  read  and  passed  by  a  two-third's  vote  of  each  house  respectively, 
on  each  day,  for  three  several  days;  public  notice  shall  then  be  given 
by  the  secretary  of  state,  at  least  three  months  preceding  an  election, 
at  which  the  qualified  electors  shall  vote  directly  for  or  against  such 
change,  alteration  or  amendment;  and  if  more  than  one  amendment 
shall  be  submitted  at  one  time,  they  shall  be  submitted  in  such  manner 
and  form  that  the  people  may  vote  for  or  against  each  amendment 
separately;  and  if  it  shall  appear  that  a  majority  of  the  qualified 
electors  voting,  shall  have  voted  for  the  proposed  change,  alteration 
or  amendment,  then  it  shall  be  inserted  by  the  next  succeeding  legis- 
lature as  a  part  of  this  constitution,  and  not  otherwise. 

Schedule 

That  no  inconvenience  may  arise  from  the  changes  in  the  Constitu- 
tion of  this  State,  and  in  order  to  carry  the  new  Constitution  into 
complete  operation,  it  is  hereby  declared  that — 

Sec.  274.  The  laws  of  this  State  now  in  force,  not  repugnant  to  this 
constitution,  shall  remain  in  force  until  amended  or  repealed  by  the 
legislature  or  until  they  expire  by  limitation.  All  statute  laws  of 
this  Stat(>  re|)ugnant  to  the  provisions  of  this  constitution,  except  as 
piovided  in  the  next  three  sections,  shall  continue  and  remain  in  force 
until  the  first  day  of  Api'il,  A.  I).,  18!)2,  unless  sooner  repealed  by  the 
legislature. 

Sec.  275,  All  laws  of  this  State  which  are  re})ugnant  to  tlu"  follow- 
ing })()itions  of  this  constitution,  shall  be  repealed  by  the  adoption  of 
this  constitution,  to-wit :  laws  repugnant  to: 

{('.)    All  the  ordinances  of  this  convention. 

(h)  The  provisions  of  section  183,  prohibiting  counties,  cities  and 
towns  from  voting  subscri])tions  to  railroad  and  other  corporations 
or  associations. 

{(')  'I'he  provisions  of  sections  )1'2'.\  to  2ii(').  inclusive,  of  Article  10, 
prohibiting  the  leasing  of  penitent  isu-y  convicts. 


2128  Mississippi— 1890 

Sec.  276.  All  laws  of  the  State  which  are  repugnant  to  the  provi- 
sions of  sections  240  to  253,  inclusive,  of  Article  12,  on  the  subject  of 
franchise  and  elections,  shall  be  and  remain  in  force  until  the  first 
day  of  January,  A.  D.,  1891,  and  no  longer. 

Sec.  277.  All  laws  of  this  State  which  are  repugnant  to  the  provi- 
sions of  Article  13,  sections  254  to  25G,  inclusive,  on  the  subject  of  the 
apportionment  of  representatives  and  senators  in  the  legislature,  shall 
be  and  remain  in  force  until  the  first  day  of  October,  A.  D.,  1891,  but 
no  longer. 

Sec.  278.  The  governor  shall  as  soon  as  practicable,  appoint  three 
suitable  persons  learned  in  the  law,  as  commissioners  whose  duty  it 
shall  be  to  prepare  and  draft  such  general  laws  as  are  contemplated 
in  this  constitution  and  such  other  laws  as  shall  be  necessary  and 
proper  to  put  into  operation  the  provisions  thereof,  and  as  may  be 
appropriate  to  conform  the  general  statutes  of  the  State  to  the  con- 
stitution. Said  commissioners  shall  present  the  same  when  prepared 
to  the  legislature  at  its  next  regular  session.  And  the  legislature 
shall  provide  reasonable  compensation  therefor. 

Sec.  279.  All  writs,  actions,  causes  of  action,  proceedings,  prosecu- 
tions and  rights  of  individuals  and  bodies  corporate  and  of  the  State, 
and  charters  of  incorporation,  shall  continue;  and  all  indictments 
which  shall  have  been  found  or  which  shall  hereafter  be  found,  and 
all  prosecutions  begun,  or  that  may  be  begun,  for  any  crime  or  oft'ense 
committed  before  the  adoption  of  this  constitution  may  be  proceeded 
with  and  upon  as  if  no  change  had  taken  place. 

Sec.  280.  For  the  trial  and  determination  of  all  suits,  civil  and 
criminal,  begun  before  the  adoption  of  this  constitution,  the  several 
courts  of  this  State  shall  continue  to  exercise  in  said  suits  the  powers 
and  jurisdictions  heretofore  exercised  by  them ;  for  all  other  matters 
said  courts  are  continued  as  organized  courts  under  this  constitution, 
with  such  powers  and  jurisdiction  as  is  herein  conferred  on  them 
respectively.  ' 

Sec.  281.  All  fines,  penalties,  forfeitures  and  escheats  accruing  to 
the  State  of  Mississippi  under  the  constitution  and  laws  heretofore  in 
force  shall  accrue  to  the  use  of  the  State  of  Mississippi  under  this 
constitution,  except  as  herein  otherwise  provided. 

Sec.  282.  All  recognizances,  bonds,  obligations,  and  all  other  instrvi- 
ments  entered  into,  or  executed,  before  the  adoption  of  this  constitu- 
tion, to  the  State  of  Mississippi,  or  to  any  State,  county,  public  or 
municipal  officer  or  body,  shall  remain  binding  and  valid,  and  the 
rights  and  liabilities  upon  the  same  shall  be  continued  and  may  be 
prosecuted  as  provided  by  law. 

Sec.  283.  All  crimes  and  misdemeanors,  and  penal  actions  shall  be 
tried,  prosecuted  and  punished  as  though  no  change  had  taken  place, 
until  otherwise  provided  by  law. 

Sec.  284.  All  officers.  State,  district,  county  and  municipal,  now  in 
office  in  this  State,  shall  be  entitled  to  hold  the  respective  offices  now 
held  by  them,  except  as  otherwise  herein  provided,  and  mitil  the 
expiration  of  the  time  for  which  they  were  respectively  elected  or 
appointed ;  and  shall  receive  the  compensation  and  fees  now  fixed  by 
the  statute  laAvs  in  force  when  this  constitution  is  adopted. 

Sec.  285.  The  adoption  of  this  constitution  shall  not  have  the  effect, 
nor  shall  it  be  construed,  to  revive  or  put  in  force  any  law  heretofore 
abrogated  or  repealed. 


Mississippi— 1890  2129 


This  Constitution,  adopted  by  the  people  of  Mississippi  in  conven- 
tion assembled,  shall  be  in  force  and  effect  from  and  after  this,  the 
first  day  of  November,  A.  D.,  1890. 

S.  S.  Calhoox, 
President  and  Delegate  from  Hinds  county. 
Attest  .' 

E.  E.  Wilson, 

Secretary. 
E,  L.  IMartin, 

AssH  Sec''y  and  Recording  Clerk. 
H.  Denio, 

AssH  Sec^y  and  Journal  Clerk. 
W.  H.  Madden, 

AssH  ^ec'^y^  and  Engrossing  and  Enrolling  Clerk. 


ORDINANCES 

Election  Ordinances 

Be  it  ordained  hy  the  feofle  of  Mississippi  in  Convention  assem- 
bled— 

Section  1.  All  ballots  in  all  elections  held  in  this  State  shall  be 
printed  and  distributed  at  public  expense,  as  hereinafter  provided, 
and.shall  be  known  as  "  official  ballots."  The  expense  of  printing  all 
such  ballots  shall  be  paid  out  of  the  respective  county  treasuries, 
except  that  in  municipal  elections  such  expenses  shall  be  paid  by  the 
respective  cities  or  towns. 

Sec.  2.  The  ballots  printed  for  use  under  this  ordinance  shall  con- 
tain the  names  of  all  the  candidates  who  have  been  put  in  nomination 
not  less  than  fifteen  days  previous  to  the  day  of  election,  by  any  con- 
vention, or  other  nominating  body,  or  at  a  primary  election  of  any 
political  party  in  this  State.  It  shall  be  the  duty  of  one  of  the  com- 
missioners of  election,  designated  for  that  purpose  in  his  commission 
by  the  authority  appointing  said  commissioner,  to  have  printed  all 
necessary  ballots  for  use  in  said  elections,  except  ballots  in  nuuiicipal 
elections,  which  shall  be  ])riuted  as  herein  provided  by  the  authoritie-^ 
of  the  respective  municipalities;  and  said  officer  shall  cause  to  be 
printed  by  a  printer,  sworn  to  keep  secret  said  ballots  under  penalties 
to  be  prescribed  by  law,  the  names  of  all  candidates  so  nominated, 
upon  the  written  request  of  any  one  or  more  of  the  candidates  so 
nominated,  or  of  any  qualified  elector  who  will  affirm  that  he  was  a 
member  of  such  convention  or  other  nominating  body,  or  ])articipant 
in  such  jirimarv  election,  and  that  the  name  presented  by  him  was  the 
nominee  of  said  convention  or  nominating  body,  or  primary  election. 
Said  commissioner  shall  also  cause  to  be  printed  on  said  ballots  the 
name  of  any  qualified  elector  who  has  been  recjuested  to  be  a  candi- 
date for  any  office  by  a  written  petition  signed  by  at  least  fifteen 
qualified  electors,  for  any  beat  office  or  municipal  office  in  any  town 
of  less  than  two  hundred  inhabitants,  or  fifty  qualified  electors  for 
any  other  office,  and  when  said  petition  or  request  has  been  presented 
to  said  commissioner  not  less  than  fifteen  days  before  the  election; 
but  if  any  qualified  elector  has  been  nominated  as  aforesaid  or  has 
been  requested  to  h-?  a  candidate  as  above  specified  less  than  fifteen 
7253— VOL  3—07 20 


2130  Mississippi— 1890 

days  before  any  election,  then  the  name  of  such  candidates  shall  not 
be  printed  upon  said  ballots.  There  shall  be  on  said  ballots  one  blank 
space  under  the  title  of  each  office  to  be  voted  for  and  in  the  event 
of  the  death  of  any  candidate  whose  name  shall  have  been  printed, 
on  the  official  ballot,  the  name  of  the  candidate  duly  substituted  in 
place  of  such  deceased  candidate  may  be  written  in  such  blank  space 
by  the  voter. 

Sec.  3.  After  the  proper  officer  has  been  notified  of  the  nomination, 
as  hereinbefore  specified,  of  any  candidate  for  office,  said  officer  shall 
not  omit  the  name  from  the  ballot  unless  upon  the  Avritten  request  of 
the  candidate  so  nominated  made  at  least  ten  days  before  the  election. 

Sec.  4.  Every  ballot  printed  by  virtue  of  this  ordinance  shall  con- 
tain the  names  of  all  candidates  nominated  as  hereinbefore  specified 
and  not  duly  withdrawn.  The  arrangement  of  the  names  of  all  of 
the  candidates  and  the  order  in  which  the  titles  of  the  various  officers 
to  be  voted  for  shall  be  made,  and  the  size,  print  and  quality  of  the 
official  ballot,  is  left  to  the  sound  judgment  of  the  officer  charged  with 
printing  said  ballots;  but  the  arrangement  need  not  be  uniform.  It 
shall  be  the  duty  of  the  secretary  of  state,  with  the  approval  of  the 
governor,  to  furnish  the  commissioners  of  the  several  counties  a  sam- 
ple of  an  official  ballot,  the  general  form  of  which  shall  be  followed 
as  nearly  as  practicable.  Whenever  tliB  question  of  a  constitutional 
amendment  or  other  question  or  matter,  admitting  of  an  affirmative 
or  negative  vote,  is  submitted  to  a  vote  of  the  electors,  such  amend- 
ment, question  or  matter  shall  be  printed  on  said  official  ballot,  to- 
gether with  the  names  of  the  candidates,  if  any,  and  also  the  words 
yea  and  nay,  to  be  arranged  by  the  proper  officer  so  that  the  voter  can 
intelligently  vote  his  preference  by  making  a  cross-mark  (x)  oppo- 
site the  word  indicating  his  preference;  immediately  following  the 
title  of  each  office  shall  be  printed  the  words  "  Vote  for  one,"  or 
"  Vote  for  two,"  or  more  according  to  the  number  to  be  elected.  On 
the  back,  and  outside  of  the  ballot  shall  be  printed  "■  official  ballot," 
the  name  of  the  voting  precinct  or  place  for  which  said  ballot  is  pre- 
pared and  the  date  of  the  election. 

Sec.  5.  All  official  ballots  intended  for  use  at  any  voting  precinct 
or  place  of  voting  shall  be  fastened  together  in  convenient  numbers 
ancl  in  some  secure  manner,  but  in  such  way  that  such  ballots  maj^  be 
detached  for  use.  A  record  of  the  number  of  official  ballots  printed 
and  furnished  to  each  voting  precinct  or  place  of  voting,  shall  be 
kept  and  all  such  ballots  accounted  for  by  the  officer  or  officers  in  each 
county  charged  with  the  printing  of  ballots. 

Sec.  6.  The  officers  charged  with  distributing  or  printing  and  dis- 
tributing the  official  ballots,  shall  ascertain  from  the  circuit  clerk  or 
other  proper  officer,  at  least  ten  days  before  the  day  of  election,  the 
number  of  registered  voters  in  each  election  district,  and  shall  also 
prepare  full  instructions  for  the  guidance  of  electors  at  elections  as  to 
obtaining  ballots,  as  to  the  manner  of  marking  them,  and  as  to  obtain- 
ing new  ballots  in  place  of  those  accidentally  spoiled,  and  such  in- 
structions shall  be  printed  in  large,  clear  type,  on  "  cards  of  instruc- 
tion," and  said  commissioners  shall  furnish  the  same  in  sufficient 
numbers  for  the  use  of  electors,  and  said  cards  shall  be  preserved  by 
all  officers  of  elections  as  far  as  practicable,  and  returned  by  them  to 
the  commissioners  of  election  and  may  be  used,  if  applicable,  in  sub- 
sequent elections. 


Mississippi— 1890  2131 

Sec.  7.  The  said  commissioner  of  election  shall  appoint  one  or  more 
deputy  commissioners,  from  the  respective  election  districts  and  de- 
liver to  them  the  proper  number  of  ballots  and  cards  of  instruction, 
not  less  than  one  day  before  the  election,  and  the  deputy  commis- 
sioners so  selected  to  receive  said  ballots,  shall  be  consei'vators  of  the 
peace  and  shall  take  an  oath,  to  be  administered  by  said  commis- 
sioner, faithfully  to  perform  their  duties  and  not  to  attempt  to  guide, 
direct  or  influence  any  voter  in  the  exercise  of  his  right  to  vote. 

Sec.  8.  In-  case  the  official  ballot  prepared,  shall  be  lost  or  de- 
stroyed, or  in  case  of  the  death  of  any  candidate  whose  name  has  been 
])rinted  on  the  official  ballot,  the  said  commissioner,  or  his  deputy 
shall  have  like  ballots  furnished  in  place  of  those  lost  or  destroyed, 
if  time  remains  therefor.  If  from  any  cause  there  should  be  no 
official  ballot  at  a  precinct  and  no  sufficient  time  in  which  to  have 
them  printed,  such  ballots  may  be  written,  but  if  Avritten  by  am^  one 
except  the  voter  alone,  for  himself,  the  names  of  all  candidates  shall 
be  written  thereon  Avithout  any  special  mark  or  device  by  which  one 
name  may  be  distinguished  from  another,  and  such  tickets  shall  be 
marked  by  the  voter  as  provided  for  printed  ballots.  Within  three 
days  after  election  day  the  inspectors  shall  report  in  Avriting  to  the 
commissioners  of  election,  under  oath,  the  loss  of  the  official  i^allots, 
the  number  lost,  and  all  facts  connected  therewith,  which  report  the 
commissioners  ma}^  deliver  to  the  grand  jury  if  deemed  advisable. 

Sec.  9.  The  deputy  connnissioners  receiving  the  ballots  from  said 
commissioner  shall  distribute  the  same  to  the  electors  of  the  proper 
districts  in  the  manner  herein  ])rovided;  and  in  case  the  said  deputj'^ 
conunissioner  shall  fail  to  have  said  ballots  at  the  election  precincts 
at  the  proper  time,  or,  if  there,  he  shall  fail  to  distribute  the  same, 
the  inspectors  of  election,  or  those  of  them  present  at  the  election, 
shall  provide  said  ballots  and  select  some  suitable  person  to  dis- 
tribute the  same  according  to  law,  who  shall  take  the  oath  recjuired 
to  be  taken  by  the  person  to  whom  the  said  commissioner  delivered 
said  ballots,  to  be  administered  by  any  one  of  said  inspectors. 

Sec.  10.  The  sheriffs  of  the  several  counties  in  this  State  shall  pro- 
cure for  their  respective  counties  a  sufficient  number  of  voting  com- 
partments, shelves  and  tables  foi-  the  use  of  electors,  which  shall  be 
so  arranged  that  it  shall  be  impossible  for  one  voter  at  one  table, 
shelf  or  compartment  to  see  another  voter  Avho  is  preparing  his  ballot. 
The  number  of  such  voting  shelves,  tables  or  compartments,  shall  not 
be  less  than  one  for  every  one  hundred  electors  at  each  voting  pre- 
cinct. Each  shelf,  table  and  compartment,  shall  be  furnished  with  a 
card  of  instruction  posted  in  each  comi^artment,  and  proper  supplies 
for  marking  the  ballots  b}'  electors. 

Sec.  11.  The  deputy  commissioners  having  the  official  ballots  shall 
remain  at  a  place  coiivenient  to  the  tables,  shelves  and  couiparlments, 
for  the  distribution  of  ballots.  When  requested  by  each  of  the  voters, 
the  deputy  commissioners  aforesaid  shall  hand  hiui  an  official  ballot. 

Sec.  12.  On  receiving  his  ballot  the  voter  shall  forthwith  go  into 
one  of  the  voting  compartments,  and  shall  prepare  his  ballot  by 
marking  with  ink  in  the  appropriate  margin  or  place,  a  cross  (x) 
opposite  the  name  of  the  candidate  of  his  choice,  for  each  office  to 
be  filled,  or  by  filling  in  the  name  of  the  candidate  substituted  in  the 
blank  space  as  provided  therefor,  and  marking  a  cross  (x)  oppo- 
site thereto,  and  likewise  a  cross  (x)  opposite  the  answer  he  desires 


2132  Mississippi— 1890 

to  give  ill  case  of  an  election  on  a  constitutional  amendment  or  other 
question  or  matter.  Before  leaving  the  voting  shelf,  table  or  com- 
l^artment,  the  voter  shall  fold  his  ballot  without  displaying  the  marks 
thereon,  but  so  that  the  words  "  official  ballot,"  followed  by  the  desig- 
nation of  the  election  precinct  for  which  the  ballot  is  prei:)ared  and 
the  date  of  the  election,  shall  be  visible  to  the  officers  of  the  election. 
He  shall  then  cast  his  ballot  in  the  manner  j^rovided  by  hnv,  which 
shall  be  done  without  undue  delay,  and  the  voter  shall  then  quit  the 
said  inclosed  place  as  soon  as  he  has  voted.  No  voter  shall  be 
allow^ed  to  occupy  a  voting  shelf,  table,  or  compartment  already  occu- 
pied by  another  voter,  nor  longer  than  ten  minutes  if  other  voters  are 
not  waiting,  nor  longer  than  fiA^e  minutes  in  case  other  voters  are 
Avaiting.  No  person  shall  be  allowed  in  the  room  in  which  said 
ballot  boxes  or  compartments,  tables  and  shelves  are,  except  the  offi- 
cers of  election  and  the  person  distributing  the  ballots,  and  those 
appointed  by  the  officers  holding  the  election,  to  aid  them  therein. 

Sec.  13.  No  person  shall  take  or  remove  any  ballot  from  a  polling- 
place  before  the  close  of  the  polls.  If  any  voter  spoils  a  ballot  he 
may  obtain  others,  one  at  a  time,  not  exceeding  three  in  all,  ujDon 
returning  each  spoiled  one. 

Sec.  li.  Any  voter  who  declares  to  the  person  or  persons  having  the 
official  ballots  that  b}'  reason  of  blindness  or  other  physical  disabil- 
ity he  is  unable  to  mark  his  ballot,  shall  upon  request  secure  the 
assistance  of  said  person  or  one  of  the  election  inspectors  in  the  mark- 
ing thereof,  and  such  person  or  officer  shall  certify  on  the  outside  of 
said  ballot  that  it  was  marked  with  his  assistance  and  shall  not  other- 
wise give  information  in  regard  to  the  same. 

Sec.  15.  If  the  voter  marks  more  names  than  there  are  persons  to  be 
elected  to  an  office,  or  if  for  any  reason  it  is  impossible  to  determine 
from  the  ballot  the  voter's  choice  for  any  office  voted  for,  his  ballot  so 
cast  shall  not  be  counted.  No  ballot  not  provided  in  accordance  with 
this  ordinance  shall  be  dejjositecl  or  counted. 

Sec.  16.  Any  voter  who  shall,  except  as  herein  provided,  allow  his 
ballot  to  be  seen  by  any  person,  or  who  shall  make  a  false  statement  as 
to  his  inability  to  mark  his  ballot,  or  who  shall  place  any  mark  upon 
his  ballot  by  which  it  may  be  afterwards  identified  as  the  one  voted  b}' 
him,  or  any  i:)erson  who  shall  interfere  or  attempt  to  interfere  with 
any  voter  when  inside  said  inclosed  space  or  when  marking  his  ballot, 
or  who  shall  endeavor  to  induce  an^^  voter  before  voting  to  show  how 
he  marks  or  has  marked  his  ballot,  shall  be  punished  by  a  fine  of  not 
less  than  twenty-five  nor  more  than  one  hundred  dollars,  and  the  elec- 
tion officers  shall  cause  any  person  so  doing  to  be  arrested  and  carried 
before  the  j)roper  officer  or  tribunal  for  commitment  and  trial  for 
such  offense. 

Sec.  17.  Any  commissioner  of  election,  or  any  other  officer  or  per- 
son acting  as  such  or  performing  election  duty,  who  shall  wilfully  or 
knowingly  refuse  or  fail  to  perform  the  duties  herein  required  of  lijm, 
or  who  shall  violate  any  provision  of  this  ordinance,  shall  be  guilty  of 
a  misdemeanor  and  be  subject  to  a  fine  of  not  less  than  twenty-five 
nor  more  than  one  hundred  dollars,  or  to  im])risonment  in  the  county 
jail  not  less  than  ten  nor  more  than  ninety  days,  or  both,  at  the  dis- 
cretion of  the  court. 

Sec.  18.  The  legislature  shall  have  power  to  enact  laws  on  the  sub- 
jects of  this  ordinance,  necessary  for  its  efficiency,  and  not  inconsistent 


Mississippi— 1890  2133 

with  its  triio  intent  and  moaning.  After  January  1st,  189G,  this  ordi- 
nance may  be  rejjealed  or  amended  by  the  legishiture;  but  shall  not 
be  amended  so  as  to  conflict  with  any  provisions  of  this  constitution. 
All  laws  and  parts  of  laws  in  conflict  with  any  of  the  provisions  of 
this  ordinance  are  hereby  annulled,  and  this  ordinance  shall  take 
effect  and  be  in  force  from  and  after  the  first  day  of  Januarv,  A.  D., 
1891. 

Sec.  10.  The  boards  of  supervisors  of  the  several  counties,  and  the 
municipal  authorities  of  the  cities  and  towns  of  the  State,  are  author- 
zied  to  allow  i-easonable  compensation  to  officers  for  services  under 
this  ordinance. 

Adopted  by  the  Convention  November  1,  1890. 

S.  S.  Calhoon,  President. 

Attest : 

R.  E.  A\"iLSON.  Secretary. 

An  Ordinaiic*'  cxteudinj,'  terms  of  State  officers 

Be  it  ordained  !>>/  flic  people  of  Missi.s.sippi  tn  Convention  assem- 
hled— 

Sectiox  1,  The  terms  of  the  following  State  officers,  to-wit :  gov- 
ernor, lieutenant-governor,  attorney-general,  treasurer,  auditor,  sec- 
retary of  state,  superintendent  of  education  and  clerk  of  the  supreme 
court,  are  hereby  extended  until  the  first  Monday  in  January,  1896; 
and  vacancies  in  the  offices,  the  terms  of  which  are  hereby  extended, 
shall  be  filled  by  appointment  by  the  governor  except  as  otherwise 
provided  in  this  constitution. 

Sec.  2.  The  persons  whose  terms  of  office  are  hereby  extended  shall 
be  ineligible  to  immediately  succeed  themselves.  And  all  bonded 
officers  whose  terms  are  hereb}'  extended  shall  execute  new  official 
bonds  on  or  before  the  date  at  which,  but  for  this  extension,  their 
present  terms  of  office  would  have  expired;  and  in  case  of  any  failure 
to  execute  such  bond  the  office  shall  thereby  become  vacant. 

Sec.  3.  A  general  election  shall  be  held  under  this  constitution  on 
the  first  Tuesday  after  the  first  jNIonday  in  November,  1891,  for  three 
railroad  conunissioners  and  for  members  of  the  legislature,  district 
attorneys,  and  county  and  county  district  officers,  whose  terms  shall 
expire  on  the  first  ^Monday  in  January,  A.  D.,  189(). 

Sec.  4.  There  shall  be  a  registration  of  the  electors  qualified  under 
such  provisions  of  this  Constitution  which  are  operative  prior  to  the 
election  in  1891,  and  such  registration  shall  be  made  by  the  proper 
officers,  and  in  the  manner  now  ])rescribed  by  law  when  the  same  is 
not  inconsistent  wnth  the  provisions  of  the  Constitution  operative  as 
aforesaid,  and  when  re])ugnant,  then  according  to  the  provisions 
ther(H)f.  The  Board  of  Supervisors  of  the  several  counties  shall  pro- 
vide proi)er  registration  books  with  the  oath  required  by  Section  242 
of  this  Constitution. 

An  Ordinance  nialvinj;  an  appropriation  to  defray  tlie  expenses  of  the  Conven- 
tion 

Be  it  ordained  hy  the  people  of  Mississippi  in  Co-nrcntion  assem- 
bled— 

Section  1.  That  tliere  is  heieby  appropriated  out  of  any  moneys  in 
the  treasury  not  otherwise  appropriated,  a  sum  sufficient  to  defray 


2134  Mississippi— 1890 

the  expenses  of  the  convention ;  and  the  auditor  of  public  accounts  is 
authorized  to  issue  his  warrants  upon  the  treasurer,  and  the  treasurer 
is  authorized  to  pay  the  same  for  such  sums  as  the  Convention  may 
direct  and  duly  certify  through  its  proper  officers. 
Adopted  by  the  Convention  October  4,  1890. 

S.  S.  Calhoon,  President. 
Attest : 

R.  E.  Wilson,  Secretary. 

All   Orrtinaur-e   to  provide   for   raisiug   money   to   defray   the   expenses   of   the 

Convention 

Be  it  ordained  by  the  People  of  Mississippi  in  C onvention  assem- 
hled: 

Section  1.  That  the  State  Treasurer  be  authorized,  with  the  con- 
sent and  approval  of  the  Governor,  if  it  shall  be  deemed  necessarj^, 
to  negotiate  a  loan  of  not  exceeding  fifty  thousand  dollars,  for  a 
period  of  not  more  than  four  months,  on  such  reasonable  terms  as  the 
Governor  shall  approve,  for  the  purpose  of  defraying  the  expenses 
of  the  Convention  and  for  replacing  monej's  used  for  that  purpose. 

Sec.  2.  That  the  faith  of  the  State  be  pledged  for  the  repayment 
of  such  loan;  and  the  Treasurer  is  hereby  authorized  to  hypothecate 
the  $46,000  of  unsold  bonds  isued  in  pursuance  of  the  act  approved 
March  15,  1884,  and  to  sell  the  same  for  the  purpose  of  raising  the 
mone}^  to  pay  such  loans,  if  he  and  the  Governor  shall  deem  the  same 
necessary  or  proper. 

Adopted  by  the  Convention  October  8,  1890. 

S.  S.  Calhoon,  President. 

Attest : 

R.  E.  Wilson,  Secretary. 

Penitentiary  Ordinance 

Be  it  ordained  hy  the  people  of  Mississippi  in  Convention  asseni- 
Ued— 

Section  1.  With  the  view  of  enabling  the  legislature  at  its  next 
session  to  have  before  it  the  necessary  information  upon  which  to  act, 
if  it  should  determine  to  establish  a  penitentiary  farm,  it  is  made  the 
duty  of  the  governor  to  appoint  five  commissioners,  who  shall,  prior 
to  the  next  session  of  the  legislature,  carefully  inspect  such  bodies  of 
land  as  may  be  thought  suitable  for  such  location;  and  who  shall 
make  report  to  the  governor  as  to  the  several  advantages  of  the  bodies 
of  land  inspected  by  them  and  as  to  the  propriety  of  establishing 
such  farm  or  some  other  system,  and  as  to  the  advantages  of  each, 
cost,  and  other  proper  matters,  to  be  laid  by  the  governor  before  the 
legislature  Avith  such  recommendation  as  he  may  see  projjer  to  make. 

Adopted  by  the  Convention  November  1,  1890. 

S.  S.  Calhoon,  President. 

Attest : 

R.  E.  Wilson,  Secretary. 


Mississippi— 1890  2135 

Land  Commissioner  Ordinance 

Be  it  ordained  hy  the  feoyle  of  Mississippi  in  Convention  assem- 
hled — 

Section  1,  The  legislature  at  its  next  regular  session  shall  pro- 
vide for  the  election  of  a  land  commissioner  at  the  general  election 
to  be  held  in  1895  whose  term  of  office  shall  be  four  years,  and  whose 
only  compensation  shall  be  a  salary  to  be  fixed  by  law.  He  shall 
have  charge  of  the  swamp  and  overflow^ed  lands,  the  internal  im- 
provement lands,  the  records  of  the  office  of  surveyor-general  turned 
over  by  the  United  States  to  this  State,  the  Chickasaw  school  lands, 
the  sixteenth  section  and  indemnity  lands  for  the  sixteenth  section 
outside  of  the  Chickasaw  cession,  the  lands  forfeited  for  non-payment 
of  taxes  after  the  time  allowed  for  exemption  shall  have  expired, 
and  of  all  other  public  lands  and  land  records  in  this  State  not 
otherwise  provided  for.  The  legislature  shall  enact  such  other  laws 
as  shall  be  necessary  to  fully  carry  this  ordinance  into  effect;  and 
shall  have  power  to  abolish  said  office  when  the  interests  of  the  State 
demand  it,  or  may  add  to  any  of  the  duties  assigned  to  such  officer. 

Adopted  by  the  Convention  November  1,  1890. 

S.  S.  Calhoon,  President. 

Attest : 

E,.  E.  Wilson,  Secretary. 

Swamp  Laud  Ordinance 

Be  it  ordained  hy  the  people  of  Mississippi  iiv  Convention  assem- 
bled— 

Whereas,  Doubts  have  arisen  as  to  the  title  of  original  purchasers 
of  certain  swamp  and  overflowed  lands  by  reason  of  the  entry  of 
said  lands  with  the  land  scrip  of  counties  other  than  the  county  in 
which  said  lands  were  situated;  and 

Whereas,  By  act  of  the  legislature  of  the  State  of  Mississippi 
approved  February  17,  1890,  "  all  persons  now  holding  swanjp  lands 
under  such  invalid  purchase  shall  have  the  right  to  purchase  the 
same  for  a  period  of  two  years  at  the  uniform  price  of  12^  cents  per 
acre  "  upon  the  terms  required  by  said  act ;  therefore 

Section  1.  Be  it  ordained  that  the  State  of  Mississippi  hereby 
waives  the  payment  of  said  sum  named  in  said  act,  and  disclaims 
any  interest  or  title  in  and  to  the  said  lands  on  account  of  erroneous 
locations  thereof. 

Adopted  by  the  Convention  November  1st,  1890. 

S.  S.  Calhoon,  President. 

Attest : 

R.  E.  Wilson,  Secretary. 

Levee  Ordinances 

Be  it  ordained  hy  the  people  of  Mississippi  in  Convention  assem- 
hled — 

Section  1.  For  the  purpose  of  raising  the  money  necessary  to 
repair,  elevate,  strengthen  and  complete  the  levees  along  the  Missis- 
sippi river,  within  the  Mississippi  Levee  District.  com})osed  of  the 
counties  of  Bolivar,  AVashington,  Issaquena  and  Sharkey,  and  a  part 


2136  Mississippi— 1890 

of  Warren  county,  the  board  of  Mississippi  levee  commissioners  are 
hereby  authorized  to  issue  lithographed  or  engraved  bonds  to  the 
amount  of  five  hundred  thousand  dollars,  in  such  form,  bearing  such 
rate  of  interest  and  payable  at  such  time,  as  it  may  determine,  with 
coupons  for  interest  attadied,  and  to  dispose  of  the  same  from  time 
to  time  as  ma}^  be  necessary ;  but  such  bonds  shall  not  run  for  a  longer 
time  than  fifty  years,  nor  bear  a  rate  of  interest  exceeding  six  per 
centum  per  annum,  payable  semi-annually  in  the  city  of  New  York. 
The  signatures  to  the  said  coupons  may  be  lithographed,  but  all  such 
bonds  so  issued  shall  be  signed  by  the  president  of  said  board,  coun- 
tersigned by  its  treasurer  with  the  corporate  seal  of  the  board 
attached,  numbered  consecutively,  and  registered  in  a  book  to  be  kept 
for  that  purpose. 

Sec.  2.  The  corporate  organization  of  the  board  of  Mississippi 
levee  commissioners,  and  the  tax  herein  directed  to  be  levied,  togetlier 
with  the  taxes  heretofore  levied  or  authorized  by  the  legislature  for 
levee  purposes,  shall  be  continued  to  the  extent  and  according  to  the 
terms  of  the  several  laws  levying  or  authorizing  said  taxes  until  all 
the  bonds  issued  by  virtue  of  and  under  the  authority  contained  in 
the  preceding  section  of  this  ordinance  are  paid  off  and  discharged ; 
and  said  taxes  are  pledged  for  the  payment  thereof  and  of  the  coupons 
of  interest  thereto  attached,  subject  however  to  the  provisions  of  this 
Constitution. 

Adopted  by  the  Convention  November  1,  1890. 

S.  S.  Calhoon,  President. 

Attest : 

R.  E.  Wilson,  Secretary. 

An  Ordinance  to  provide  for  representation  of  Pearl  River  county  in  the  legisla- 
ture in  the  event  of  a  called  session  thereof 

Be  it  ordained  hy  the  people  of  Mississippi  in  Convention  assem- 
bled— 

Section  1.  That  in  case  the  governor  shall  convene  the  legislature 
in  extraordinary  session  before  the  next  general  election  to  be  held 
under  this  constitution,  the  board  of  supervisors  of  Pearl  River 
county  shall  order  an  election  therein  for  a  member  of  the  house  of 
representatives,  to  be  held  not  less  than  ten  days  before  the  assembling 
of  the  legislature,  and  under  the  rules  and  regulations  now  prescribed 
by  law  for  holding  such  elections;  and  said  county  shall  be  entitled 
to  one  representative  in  the  lower  house  of  the  legislature  in  such 
extraordinary^  session,  if  called. 

Adopted  by  the  Convention  November  1,  1890. 

S.  S.  Calhoon,  President. 

An  Ordinance  assigning  the  county  of  Pearl  River  of  the  Sixth  Congressional 

District 

Be  it  ordained  hy  the  people  of  Mississippi  in  Conventio7i  assem- 
bled— 

Section  1.  That  the  county  of  Pearl  River  as  created  by  the  act 
approved  February  22,  1890,  be  and  the  same  is  hereby  attadied  to 
and  shall  become  a  part  of  the  Sixth  Congressional  District  of  this 


Mississippi— 1890  2137 

State,  until  otherwise  provided  by  law;  and  that  the  qualified  elect- 
ors of  said  county  be,  and  they  are  hereby  authorized  and  empowered 
to  vote  at  the  next  ensuing  election  for  members  of  Congress  from  the 
said  Sixth  District,  at  the  same  time  and  in  the  same  manner,  as 
other  qualified  electors  in  the  other  counties  now  attached  to,  and  com- 
posing the  Sixth  District. 

Adopted  by  the  Convention  August  21,  1890. 

S,  S.  Calmoox,  President. 

Attest : 

R.  E.  Wii.soN,  /SexTetary. 

An  Ordinance  to  legalize  the  assessment  in  I'eaii  Kivor  county,  during  the  year 
1890,  and  to  authorize  a  new  assessment  of  lands  therein  during  the  year 
1891 

Be  it  ordained  hi/  the  j)eoi>l('  of  Mississippi  in  Convention  assem- 
hled— 

Section  1.  That  the  board  of  supervisors  of  Pearl  River  county 
shall  hold  a  meeting  at  the  court-house  of  said  county  on  the  first 
Monday  in  January,  1891,  for  the  purpose  of  hearing  complaints 
against  the  assessment  of  real  estate  of  said  county;  and  all  persons 
having  cause  of  complaint  against  said  assessment,  are  required  to 
present  the  same  on  or  before  said  day,  after  being  considered  as 
above  provided,  and  all  complaints  passed  on,  and  said  assessment 
being  then  approved  shall  be  binding  and  conclusive. 

Sec.  2.  That  the  board  of  supervisors  of  Pearl  River  county  is 
authorized,  in  its  discretion,  to  have  made  an  assessment  of  the  lands 
of  said  county  during  the  j^ear  1891  in  the  same  manner  in  all  respects 
as  is  provided  by  law  for  a  general  assessment  of  lands ;  which  assess- 
ment when  so  made,  and  approved  by  the  board  of  supervisors,  shall 
have  the  same  force  and  effect  as  though  made  at  the  time  fixed  by 
law  for  the  assessment  of  lands. 

Adopted  by  the  Convention  Xovember  1,  1890. 

S.  S.  Calhoon.  President. 

Attest : 

R.  E.  Wilson,  Secretary. 

Exenii)tion  Ordinance 

Be  it  ordained,  hy  the  people  of  Mississippi  in  Convention  assem- 
ble d — 

Section  1.  That  all  ])ermanent  factories  hereafter  established  in 
this  State  while  this  section  is  in  force,  for  woricing  cotton,  avooI.  silk, 
furs  or  metals,  and  all  others  manufacturing  implements  or  articles 
of  use  in  a  finished  state,  shall  be  exempt  from  taxation  for  a  period  of 
ten  years.  Any  factory  which  has  been  abandoned  for  not  less  than 
three  years,  and  connnencing  operations  within  two  years  from  the 
date  of  the  adoption  of  this  constitution,  shall  be  entitled  to  such 
exemj^tion.  This  section  may  be  rei)ealed  or  amended  by  the  legis- 
lature after  five  years,  and  if  not  so  repealed,  shall  remain  in  force 
until  January  1st.  1900,  and  no  longer. 

S.   S.   Caliioon.  President. 

Attest : 

R.  E.  Wilson,  Secretary. 


MISSOTTRT 


For  organic  acts  issued  before  1812  relating  to  tlie  land  now  included  witLdn 
Missouri  see  in  this  work: 

Treaty  Ceding  Louisiana,  18U3  (Louisiana,  p.'lor)!)). 
District  of  Ixmisiana.  1804  (Louisiana,  p.  13(34). 
Territory  of  Louisiana.  1805   (Louisiana,  p.  1871). 


TERRITORIAL  GOVERNMENT  OF  MISSOURI— 1812 " 

ITwKLFTH  Congress,  First  Session] 
An  Act  providing  for  the  government  of  the  Territory  of  Missouri 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assemhled.  That  the  Territory 
heretofore  called  Louisiana  shall  hereafter  be  called  ]Missouri,  and 
that  the  temporary  government  of  the  Territory  of  Missouri  shall 
be  organized  and  administered  in  the  manner  hereinafter  described. 

Sec.  2.  And  he  it  further  enacted^  That  the  executive  power  shall 
be  vested  in  a  governor,  who  shall  reside  in  the  said  Territory;  he 
shall  hold  his  office  during  the  term  of  three  years,  unless  sooner 
removed  by  the  President  of  the  TTnited  States;  shall  be  commander- 
in-chief  of  the  militia  of  the  said  Territory;  shall  have  power  to 
appoint  and  commission  all  officers,  civil  and  of  the  militia,  whose 
ap]K)intments  are  not  herein  otherwise  provided  for,  which  shall  be 
established  by  law;  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted ;  shall  have  power  to  grant  pardons  for  offences  against  the 
said  Territory,  and  reprieves  for  those  against  the  United  States, 
until  the  decision  of  the  President  of  the  United  States  thereon  shall 
be  made  known;  shall  have  power  on  extraordinary  occasions  to  con- 
vene the  general  assembly,  and  he  shall  ex  officio  be  superintendent  of 
Indian  affairs. 

Sec.  3.  And  he  it  further  enacted^  That  there  shall  be  a  secretary, 
whose  commission  shall  continue  in  force  for  four  years,  unless  sooner 
revoked  by  the  President  of  the  United  States;  he  shall  reside  in 
the  said  Territory;  it  shall  be  his  duty,  under  the  direction  of  the 
governor,  to  record  and  preserve  all  the  proceedings  and  ])a])ers  of 
the  executive  and  all  the  acts  of  the  general  assembly,  and  to  transmit 
authentic  copies  of  the  same  every  six  months  to  the  President  of 
the  United  States.  In  case  of  a  vacancy  of  the  office  of  governor, 
the  government  of  the  said  Territory  shall  be  executed  l)v  the  secre- 
tary. 

o  For  other  statutes  of  an  organic  nature  relating  to  Missouri  subsequent  to 
1812  see  an  act  to  ajipoint  additional  judge  and  regulate  court  rules,  act  of 
January  27,  1814;  to  extend  western  boundary  of  the  state.  June  7.  1836:  to 
provide  for  the  execution  of  the  laws  of  the  United  States  in.  March  10.  1822. 

2139 


2140  Missouri— 18 1£ 

Sec.  4.  And  he  it  further  enacted^  That  the  legislative  power  shall 
be  vested  in  a  general  assembly,  which  shall  consist  of  the  governor, 
a  legislative  council,  and  a  house  of  representatives.  The  general 
assembly  shall  have  power  to  make  laws  in  all  cases,  both  civil  and 
criminal,  for  the  good  government  of  the  people  of  the  said  Terri- 
tor}^,  not  repugnant  to  or  inconsistent  with  the  Constitution  and  laws 
of  the  United  States,  and  shall  have  power  to  establish  inferior  courts 
and  to  prescribe  their  jurisdiction  and  duties,  to  define  the  powers  and 
duties  of  justices  of  the  peace  and  other  civil  offices  in  the  said 
Territory,  and  to  regulate  and  fix  the  fees  of  office  and  to  ascertain 
and  provide  for  payment  of  the  same,  and  for  all  other  services  ren- 
dered to  the  said  Territory  under  the  authority  thereof.  All  bills 
having  passed  by  a  majority  in  the  house  of  representatives  and  by 
a  majority  in  the  legislative  council  shall  be  referred  to  the  governor 
for  his  assent,  but  no  bill  or  legislative  act  whatever  shall  be  of  any 
force  without  his  approbation. 

Sec.  5.  And  he  it  further  enacted^  That  the  legislative  council  shall 
consist  of  nine  members,  to  continue  in  office  five  years,  unless  sooner 
removed  by  the  President  of  the  United  States;  any  five  of  them  shall 
be  a  quorum.  The  members  of  the  legislative  council  shall  be  nomi- 
nated and  appointed  in  the  manner  following:  As  soon  as  represent- 
atives shall  be  elected,  they  shall  be  convened  by  the  governor  as 
hereafter  prescribed,  and,  when  met,  shall  nominate  eighteen  persons, 
residents  in  the  said  Territory  one  year  preceding  their  nomination, 
holding  no  office  of  profit  under  the  Territory  or  the  United  States, 
the  office  of  justice  of  the  peace  excepted,  and  each  possessing  in  his 
own  right  two  hundred  acres  of  land  therein,  and  return  the  names 
to  the  President  of  the  United  States,  nine  of  whom  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  shall  appoint  and 
commission  to  serve  as  aforesaid;  and  when  a  vacancy  shall  happen 
in  the  legislative  council,  by  death  or  removal  from  office,  the  house 
of  representatives  shall  nominate  two  persons  qualified  as  aforesaid 
for  such  vacancy,  and  return  their  names  to  the  President  of  the 
United  States,  one  of  whom  he,  by  and  with  the  advice  and  consent 
of  the  Senate,  shall  appoint  and  commission  for  the  residue  of  the 
term;  and  every  five  years,  four  months  at  least  before  the  ex])ira- 
tion  of  the  term  of  service  of  the  members  of  the  legislative  council, 
the  house  of  representatives  shall  nominate  eighteen  persons,  qualified 
as  aforesaid,  and  return  their  names  to  the  President  of  the  United 
States,  nine  of  whom  shall  be  appointed  and  commissioned  as  afore- 
said, to  serve  as  members  of  the  legislative  council  five  years,  if  not 
sooner  removed.  Xo  person  shall  be  a  member  of  the  legislative  coun- 
cil who  hath  not  attained  to  the  age  of  twenty-five  years. 

Sec.  6.  And  he  it  further  enacted.  That  the  house  of  representatives 
shall  be  composed  of  members  elected  every  second  year  by  the  people 
of  the  said  Territory,  to  serve  for  two  years.  For  every  five  hundred 
free  white  male  inhabitants  there  shall  be  one  representative,  and  so 
on,  progressively,  with  the  number  of  free  white  male  inhabitants 
shall  the  right  of  representation  increase,  until  the  number  of  the 
representatives  shall  amount  to  twenty-five,  after  Avhich  the  number 
and  proportion  of  representatives  shall  be  regulated  by  the  general 
assembly.  No  person  shall  be  eligible  or  qualified  to  be  a  rejjre- 
sentative  who  shall  not  have  attained  to  the  age  of  twenty-one  years, 


Missouri— 1812  2141 

and  who  shall  not  have  resided  in  the  Territoiy  on^  ^^ear  next  ])re- 
ceding  the  da}^  of  election,  and  who  shall  not  be  a  freeholder  Avithin 
the  county  in  which  he  may  be  elected,  and  no  person  holdincr  any 
office  under  the  United  States,  or  any  office  of  profit  under  the  Terri- 
tory, shall  be  a  re])resentative.  In  case  of  vacancy,  by  death, 
resi<2:nation.  removal,  or  otherwise,  of  a  representative,  the  «overnor 
shall  issue  a  Avrit  to  the  county,  whenever  a  A'acancy  may  be  as  afore- 
said, to  elect  another  person  to  serve  the  residue  of  the  term.  That 
all  free  white  nude  citizens  of  the  United  States,  above  the  age  of 
tAventy-one  years,  avIio  have  resided  in  said  Territory  tAvelve  months 
next  preceding  an  election,  and  who  shall  have  paid  a  territorial  or 
county  tax,  assessed  at  least  six  months  previous  thereto,  shall  be 
( ntitled  to  vote  for  representatives  to  the  general  assembly  of  said 
Territory. 

Sec.  7.  And  he  it  fio-f/wr  eiuicfed.  That,  in  order  to  carry  the  same 
into  operation,  the  governor  of  the  said  Territory  shall  cause  to  be 
elected  thirteen  representatives,  and  for  that  i)urpose  sluiU  proceed,  as 
circumstances  may  require,  to  lay  off  the  ])arts  of  the  said  Territory 
to  which  the  Indian  title  hath  been  extinguished,  into  convenient 
counties,  on  or  before  the  first  Monday  in  October  next,  and  give 
notice  thereof  throughout  the  same,  ancl  shall  appoint  the  most  con- 
venient time  and  place  Avithin  each  of  the  said  counties  for  holding 
the  elections,  and  shall  nominate  a  proper  officer  or  officers  to  preside 
at  and  conduct  the  same,  and  to  return  to  him  the  names  of  the  per- 
sons Avho  shall  liaAc  been  elected.  All  subsequent  elections  shall  be 
regulated  by  the  general  assembly,  and  the  number  of  representatives 
shall  be  determined,  and  the  apportionment  made,  in  the  manner 
hereinbefore  prescribed. 

Sec.  8.  And  he  it  further  enacted,  That  the  representatives,  elected 
as  aforesaid,  shall  be  couAcned,  by  the  goA^ernor,  in  the  town  of  Saint 
Louis,  on  the  first  INIonday  in  December  next,  and  the  first  general 
assembly  shall  be  couAened  by  the  governor,  as  soon  as  may  be  con- 
A-eni(nit,  at  Saint  Ivouis,  after  the  members  of  the  legislatiA'e  council 
shall  be  ai)pointed  and  connnissicmed.  The  general  assembly  shall 
meet  once  in  each  year  at  Saint  Louis,  and  such  meeting  shall  l)e  on 
the  first  Monday  in  December  annually,  unless  they  shall  by  laAv 
appoint  a  different  day.  The  legislatiA-e  council  and  house  of  repre- 
sentatiA'es,  Avhen  assembled,  shall  each  choose  a  speaker  and  its  other 
oflicers,  and  deteru)ine  the  rules  of  its  proceedings.  Each  house  shall 
>it  on  its  own  adjournments  from  day  to  day.  Neither  house  shall, 
dui'ing  the  session,  Avithout  consent  of  the  other,  adjourn  for  more 
than  two  days,  nor  to  any  other  jdace  than  that  AA'here  the  tAvo  houses 
shall  be  sitting.  The  members  of  the  general  assembly  shall,  in  all 
cases  except  treason,  felony,  or  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  their  respectiA-e  houses,  and  in  going 
to  and  returning  from  the  same,  and  for  any  speech  or  debate  in  either 
house  they  shall  not  be  questioned  in  any  other  place. 

Sec.  9.  And  he  it  further  enacted.  That  all  and  every  free  Avhite 
male  person,  aa^io,  on  the  twentieth  day  of  December,  in  the  year  one 
thousand  eight  hundred  and  three,  Avas  an  inhabitant  of  the  Terri- 
tory of  Louisiana,  and  all  free  Avhite  male  citizens  of  the  United 
States  Avho,  since  the  said  tAventieth  day  of  December,  in  the  year 
one  thousand  eight  hundred  and  three,  emigrated,  or  Avho  hereafter 


2142  Missouri— 1812 

may  emigrate,  to  the  said  Territory,  being  otherwise  qualified  accord- 
ing to  the  provisi(ms  of  this  act,  shall  be  capable  to  hold  any  office 
of  honor,  trust,  or  profit  in  the  said  Territory,  under  the  United 
States,  or  under  the  said  Territory,  and  to  vote  for  members  of  the 
general  assembly  and  a  Delegate  to  Congress  during  the  temporary 
government  jjrovided  for  by  this  act. 

Sec.  10.  And  he  it  further  tnacted^  That  the  judicial  power  shall 
be  vested  in  a  superior  court,  and  in  inferior  courts  and  justices  of 
the  peace.  The  judges  of  the  superior  court  and  justices  of  the  peace 
shall  hold  their  offices  for  the  term  of  four  years,  unless  sooner  re- 
moved; the  superior  court  shall  consist  of  three  judges,  who  shall 
reside  in  the  said  Territory,  any  two  of  whom  shall  constitute  a  court ; 
the  sui3erior  court  shall  have  jurisdiction  in  all  criminal  cases,  and 
exclusive  jurisdiction  in  all  those  that  are  capital;  and  original  and 
appellate  jurisdiction  in  all  civil  cases  of  the  value  of  one  hundred 
dollars;  the  said  judges  shall  hold  their  courts  at  such  times  and 
places  as  shall  be  prescribed  by  the  general  assembly.  The  sessions 
of  the  superior  and  inferior  courts  shall  continue  until  all  the  business 
depending  shall  be  disposed  of,  or  for  such  as  shall  be  prescribed 
by  the  general  assembly.  The  superior  and  inferior  courts  shall 
respectively  appoint  their  clerks,  who  shall  be  commissioned  by  the 
governor,  and  shall  hold  their  offices  during  the  temporary  govern- 
ment of  the  said  Territory,  unless  sooner  removed  by  the  court. 

Sec.  11.  And  he  it  further  enacted..  That  all  free  male  white  persons 
of  the  age  of  twenty-one  years,  who  shall  have  resided  one  year  in 
the  said  Territory,  and  are  not  disqualified  by  any  legal  proceeding, 
shall  be  qualified  to  serve  as  grand  or  petit  jurors  in  the  courts  of  the 
said  Territory;  and  they  shall,  until  the  general  assembly  thereof 
shall  otherwise  direct,  be  selected  in  such  manner  as  the  said  courts 
shall  respectively  prescribe,  so  as  to  be  most  conducive  to  an  impar- 
tial trial,  and  least  burdensome  to  the  inhabitants  of  the  said  Ter- 
ritory. 

Sec.  12.  And  he  it  further  enacted.,  That  the  governor,  secretary, 
and  judges,  for  the  Territory  of  Missouri,  authorized  by  this  act,  and 
all  general  officers  of  the  militia,  during  the  temporary  government 
thereof,  shall  be  appointed  and  commissioned  by  the  President  of 
the  United  States,  by  and  with  the  advice  and  consent  of  the  senate; 
and  the  governor,  secretary,  and  judges  shall  respectiveh"  receive  for 
their  services  the  compensations  established  by  law,  to  be  paid  quar- 
ter-yearly out  of  the  Treasury  of  the  United  States;  the  governor, 
secretary,  judges,  members  of  the  legislative  council,  members  of  the 
house  of  rej^resentatives,  justices  of  the  peace,  and  all  other  officers, 
civil  and  military,  before  they  enter  on  the  duties  of  their  respective 
offices,  shall  take  an  oath  or  affirmation  to  support  the  Constitution 
of  the  United  States,  and  for  the  faithful  discharge  of  the  duties 
of  their  office ;  the  governor,  before  a  judge  of  the  supreme  or  a  dis- 
trict court  of  the  United  States,  or  a  judge  of  the  said  Territory; 
the  secretary  and  judges,  before  the  governor;  the  members  of  the 
legislative  council  and  house  of  representatives,  before  a  judge  of  the 
said  Territory;  and  the  justices  of  the  peace  and  all  other  offices 
before  such  person  as  the  governor  shall  appoint  and  direct. 

Sec.  13.  And  he  it  further  enacted^  That  the  citizens  of  the  said 
Territory  entitled  to  vote  for  representatives  to  the  general  assembly 


Missouri— 1812  2143 

thereof,  shall,  at  the  time  of  electing  their  representatives  to  the  said 
general  assembly,  also  elect  one  Delegate  from  the  said  Territory  to 
the  Congress  of  the  United  States ;  and  the  Delegate  so  elected  shall 
possess  the  same  powers,  shall  have  the  same  privileges  and  compen- 
sation for  his  attendance  in  Congress,  and  for  going  to  and  returning 
from  the  same,  as  heretofore  have  been  granted  to  and  provided  for  a 
Delegate  from  anj^  Territory  of  the  United  States. 

Sec.  14.  And  he  it  further  enacted^  That  the  people  of  the  said 
Territory  shall  always  be  entitled  to  a  proportionate  representation 
in  the  general  assembly;  to  judicial  proceedings  according  to  the  com- 
mon law  and  the  laws  and  usages  in  force  in  the  said  Territor}^;  to 
the  benefit  of  the  writ  of  habeas  corpus.  In  all  criminal  cases  the 
trial  shall  be  by  jury  of  good  and  lawful  men  of  the  vicinage.  All 
persons  shall  be  bailable,  unless  for  capital  offences  where  the  proof 
shall  be  evident  or  the  presumption  great.  All  fines  shall  be  moderate, 
and  no  cruel  or  unusual  punishment  shall  be  inflicted.  No  man  shall  be 
deprived  of  his  life,  libert3%  or  property,  but  by  the  judgment  of  his 
peers  and  the  law  of  the  land.  If  the  public  exigencies  make  it  neces- 
sary for  the  common  preservation  to  take  the  property  of  any  person, 
or  to  demand  his  particular  services,  full  compensation  shall  be  made 
for  the  same.  No  ex  post  facto  law,  or  law  impairing  the  obligation 
of  contracts,  shall  be  made.  No  law  shall  be  made  which  shall  lay 
any  person  under  restraint,  burden,  or  disability,  on  account  of  his 
religious  opinions,  professions,  or  mode  of  worship,  in  all  Avhich  he 
shall  be  free  to  maintain  his  own,  and  not  burthened  for  those  of 
another.  Religion,  morality,  and  knoAvledge,  being  necessary  to  good 
government  and  the  ha})piness  of  mankind,  schools  and  the  means  of 
education  shall  be  encouraged  and  provided  for  from  the  i:)ublic  lands 
of  the  United  States  in  the  said  Territory,  in  such  manner  as  Con- 
gress may  deem  expedient. 

Sec.  15.  And  he  it  further'  enacted^  That  the  general  assembly  shall 
never  interfere  with  the  primary  disposal  of  the  soil  by  the  United 
States  in  Congress  assembled,  nor  with  any  regulation  Congress  may 
find  necessary  to  make  for  securing  the  title  in  the  bona -fide  pur- 
chasers. No  tax  shall  ever  be  imposed  on  lands  the  property  of  the 
United  States.  The  lands  of  non-resident  proprietors  shall  never  be 
taxed  higher  than  those  of  residents.  The  Mississippi  and  Missouri 
Rivers,  and  the  navigable  waters  flowing  into  them,  and  the  carrying- 
places  between  the  same,  shall  be  connnon  highways  and  forever  free 
to  the  people  of  said  Territory,  and  to  the  citizens  of  the  United 
States,  without  any  tax,  (kity,  or  impost  therefor. 

Sec.  1().  And  he  it  further  enacted^  That  the  laws  and  regidations 
in  force  in  the  Territory  of  Louisiana,  at  the  commencement  of  this 
act,  and  not  inconsistent  with  the  provisions  thereof,  shall  continue  in 
force  until  altei-ed,  modified,  or  repealed  by  the  general  assembly. 
And  it  is  hereby  declared  that  this  act  shall  not  be  construed  to  vacate 
the  commission  of  any  officer  in  the  said  Territory,  acting  under  the 
authority  of  the  United  States,  but  that  every  such  commission  shall 
be  and  continue  in  full  force  as  if  this  act  had  not  been  made.  And 
so  much  of  an  act  entitled  ''An  act  further  providing  for  the  goAern- 
ment  of  the  Territory  of  Louisiana,"  approved  on  the  third  day  of 
March,  one  thousand  eight  liundred  and  five,  and  so  much  of  an  act 
entituled  "An  act  for  erecting  Louisiana  into  two  Territories  and  pro- 


2144  Missouri— 1816 

viding  for  the  temporary  government  thereof,"  approved  the  twenty- 
sixth  of  March,  one  thousand  eight  hundred  and  four,  as  is  repug- 
nant to  this  act,  shall,  from  and  after  the  first  Monday  in  December 
next,  be  repealed.  On  which  first  IMonday  in  December  next  this  act 
shall  commence  and  have  full  force:  Provided,  So  much  of  it  as 
requires  the  governor  of  said  Territory  to  perform  certain  duties,  pre- 
vious to  the  said  first  Monday  in  December  next,  shall  be  in  force 
from  the  passage  thereof. 
Approved,  June  4,  1812. 


TERRITORIAL  GOVERNMENT  OF  MISSOURI— 1816 

[Fourteenth  Congress,  First  Session] 

An  Act  to  alter  certain  parts  of  the  act  providing  for  the  government  of  the 

Territory  of  Missouri 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  electors  of 
the  Territory  of  Missouri,  entitled  to  vote  for  members  of  the  house  of 
representatives  of  the  Territory,  at  the  time  of  electing  the  represent- 
atives to  the  general  assembly,  shall  in  each  county  in  said  Territory 
elect  one  member  of  the  legislative  council  to  serve  for  two  years  and 
no  longer,  qualified  according  to  the  provisions  of  the  fifth  section  of 
the  act  providing  for  the  government  of  the  Territory  of  Missouri, 
passed  June  fourth,  one  thousand  eight  hundred  and  twelve,  a  ma- 
jority of  whom  shall  be  a  quorum,  and  shall  possess  the  same  powers 
as  are  granted  to  the  legislative  council  by  the  said  recited  act ;  and  in 
case  of  vacancy  of  a  member  of  the  legislative  council,  by  resignation 
or  otherwise,  the  governor  of  the  Territory  shall  issue  a  writ  to  the 
county  to  elect  another  person  to  serve  the  residue  of  the  term. 

Sec.  2.  A?id  he  it  further  enacted,  That  so  much  of  the  eighth  sec- 
tion of  the  said  recited  act  as  requires  the  general  assembly  of  said 
Territory  to  meet  once  in  each  year  be  repealed,  and  the  said  general 
assembly  shall  meet  once  in  every  other  year  at  Saint  Louis,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall  by 
law  appoint  a  different  day:  Provided,  That  the  governor  for  the 
time  being  shall  have  authority  by  proclamation  to  convene  the  gen- 
eral assembly  whenever  he  shall  deem  the  interest  of  the  Territory 
may  require  it. 

Sec.  3.  And  he  it  further  enacted.  That  the  general  assembly  of  the 
said  Territory  shall  be,  and  are  hereby,  authorized  to-  require  the 
judges  of  the  superior  court  of  the  said  Territory  to  hold  superior 
and  circuit  courts,  to  appoint  the  times  and  places  of  holding  the 
same,  and  under  such  rules  and  regulations  as  the  general  assembly 
may  in  that  behalf  prescribe ;  the  circuit  courts  shall  be  composed  of 
one  of  the  said  judges,  and  shall  have  jurisdiction  in  all  criminal 
cases,  and  exclusive  original  jurisdiction  in  all  those  which  are  capital, 
and  original  jurisdiction  in  all  civil  cases  of  the  value  of  one  hundred 
dollars,  and  the  superior  and  circuit  courts  shall  possess  and  exercise 
chancery  powers  as  well  as  common-law  jurisdiction  in  all  civil  cases: 
Provided,  That  there  shall  be  an  appeal  in  matters  of  law  and  equity. 


Missouri— 1820  2 1 45 

ill  all  cases,  from  the  circuit  courts  (o  the  superior  court  of  tlie  said 
Territory'. 

Sec.  4.  And  he  it  further  enacted^  That  such  part  of  the  said  recited 
acts  as  is  repugnant  to,  or  inconsistent  with,  the  provisions  of  this  act, 
be,  and  the  same  is  hereby,  repealed. 

Approved,  April  29.  181G. 


ENABLING  ACT  FOR  MISSOURI— 1820 

fSlXTEK>;TH    COXGKKSS.    FiRST    SESSION  | 

An  Act  to  authorize  the  people  of  Missouri  Territory  to  form  a  constitution  and 
State  .i^overnnient,  and  for  the  aihnission  of  such  State  into  the  Union  on  an 
equal  footing  with  the  original  States,  and  to  prohihit  slavery  in  certain  Ter- 
ritories 

Be  it  enacted  hy  the  Senate  and  House  of  Re^yresentatives  of  the 
United  States  of  Afnerica  in  Congress  assembled.  That  the  inhabit- 
ants of  that  portion  of  the  Missouri  Territory  included  within  the 
boundaries  hereinafter  designated,  be,  and  they  are  hereby,  author- 
ized to  form  for  themselves  a  constitution  and  State  government,  and 
to  assume  such  name  as  they  shall  deem  proper;  and  the  said  State, 
when  formed,  shall  be  admitted  into  the  Union  tipon  an  equal  footing 
with  the  original  States  in  all  respects  Avhatsoever. 

Sec.  2.  And  he  it  further  enacted.  That  the  said  State  shall  consist 
of  all  the  territory  included  within  the  following  boundaries,  to  wit : 
Beginning  in  the  middle  of  the  Mississippi  River,  on  the  parallel  of 
thirty-six  degrees  of  north  latitude;  thence  west  along  that  parallel 
of  latitude  to  the  Saint  Francois  River:  thence  uj).  and  following 
the  course  of  that  river,  in  the  middle  of  the  main  channel  thereof,  to 
the  parallel  of  latitude  of  thirty-six  degrees  and  thirty  minutes; 
thence  west,  along  the  same,  to  a  point  where  the  said  parallel  is  inter- 
sected by  a  meridian-line  passing  through  the  middle  of  the  mouth  of 
the  Kansas  River.  Avhere  the  same  empties  into  the  Missouri  River; 
thence  from  the  point  aforesaid  north,  along  the  said  meridian-line, 
to  the  intersection  of  the  parallel  of  latitude  which  passes  through  the 
rapids  of  the  river  Des  Moines,  making  the  said  line  to  correspond 
Avith  the  Indian  boundary-line;  thence  east,  from  the  point  of  inter- 
section last  aforesaid,  along  the  said  parallel  of  latitude,  to  the  mid- 
dle of  the  channel  of  the  main  fork  of  the  said  river  Des  Moines; 
thence  down  and  along  the  middle  of  the  main  channel  of  the  said 
river  Des  Moines  to  the  motith  of  the  same,  where  it  empties  into  the 
Mississippi  River;  thence  due  east  to  the  middle  of  the  main  channel 
of  Mississippi  River;  thence  down,  and  following  the  course  of  the 
Mississippi  River,  in  the  middle  of  the  main  channel  thercM^f.  to  the 
place  of  beginning:  Proi^idcd,  The  State  shall  ratify  the  boundaries 
aforesaid:  And  prorided  <dso.  That  the  said  State  shall  have  concur- 
rent jurisdiction  on  the  river  Mississi])])i.  and  every  other  river  bor- 
dering on  the  said  State,  so  far  as  the  said  rivers  shall  form  a  com- 
mon boundary  to  the  said  State  and  any  other  State  or  States,  now 
or  hereafter  to  be  formed  and  bounded  by  the  same,  such  rivers  to  be 
common  to  both;  and  that  the  river  Mississippi,  and  the  navigable 
rivers  and  waters  leading  into  the  same,  shall  be  common  highways, 
7253— VOL  3—07 21 


2 1 46  Missouri— 1820 

and  forever  free,  as  well  to  the  inhabitants  of  the  said  State  as  to 
other  citizens  of  the  United  States,  withont  any  tax,  duty,  impost,  or 
toll  therefor  imposed  by  the  said  State. 

Sec.  3.  And  he  it  further  enacted.  That  all  free  white  male  citizens 
of  the  United  States,  who  shall  have  arrived  at  the  age  of  twenty-one 
years,  and  have  resided  in  said  Territory  three  months  previous  to  the 
"day  of  election,  and  all  other  persons  qualified  to  vote  for  representa- 
tives to  the  general  assembly  of  the  said  Territory,  shall  be  qualified 
to  be  elected,  and  they  are  hereby  qualified  and  authorized  to  vote  and 
choose  representatives  to  form  a  convention,  who  shall  be  apportioned 
amongst  the  several  counties  as  follows: 

From  the  county  of  Howard,  five  representatives. 

From  the  county  of  Cooper,  three  representatives. 

From  the  county  of  jMontgomery,  two  representatives. 

From  the  county  of  Pike,  one  representative. 

From  the  county  of  Lincoln,  one  representative. 

From  the  county  of  Saint  Charles,  three  representatives. 

From  the  county  of  Franklin,  one  representative. 

From  the  county  of  Saint  Louis,  eight  representatives. 

From  the  county  of  Jeflterson,  one  representative. 

From  the  county  of  Washington,  three  representatives. 

From  the  county  of  Saint  GenevicA^e,  four  representatives. 

From  the  county  of  Madison,  one  representative. 

From  the  county  of  Cape  Girardeau,  five  representatives. 

From  the  county  of  New  M-adrid,  two  representatives. 

From  the  county  of  Wayne,  and  that  portion  of  the  county  of  Law- 
rence that  falls  within  the  boundaries  herein  designated,  one  repre- 
sentative. 

And  the  election  for  the  representatives  aforesaid  shall  be  holden 
on  the  first  Monday  and  two  succeeding  days  of  May  next,  through- 
out the  several  counties  aforesaid  in  the  said  Territory,  and  shall  be 
in  every  respect  held  and  conducted  in  the  same  manner  and  under  the 
same  regulations  as  is  prescribed  hj  the  laws  of  the  said  Territory 
regulating  elections  therein  for  members  of  the  general  assembly, 
except  that  the  returns  of  the  election  in  that  portion  of  Lawrence 
County  included  in  the  boundaries  aforesaid  shall  be  made  to  the 
county  of  Wayne,  as  is  provided  in  other  cases  under  the  laws  of  said 
Territory. 

Sec.  4.  And  he  it  further  enacted^  That  the  members  of  the  conven- 
tion thus  duly  elected  shall  be,  and  they  are  hereby,  authorized  to 
meet  at  the  seat  of  government  of  said  Territory,  on  the  second  Mon- 
day of  the  month  of  June  next;  and  the  said  convention,  when  so 
assembled,  shall  have  power  and  authority  to  adjourn  to  any  other 
place  in  the  said  Territory,  which  to  them  shall  seem  best  for  the  con- 
venient transaction  of  their  business ;  and  which  convention,  when  so 
met,  shall  first  determine,  by  a  majority  of  the  whole  number  elected, 
Avhether  it  be  or  be  not  expedient  at  that  time  to  form  a  constitution 
and  State  government  for  the  people  within  the  said  Territory,  as 
included  within  the  boundaries  above  designated;  and,  if  it  be  deemed 
expedient,  the  convention  shall  be,  and  hereby  is,  authorized  to  form  a 
constitution  and  State  govei*nment;  or,  if  it  be  deemed  more  expe- 
dient, the  said  convention  shall  provide  by  ordinance  for  eled:ing 
i-epresentatives  to  form  a  constitution  or  frame  of  goverinnent ;  which 
said  representatives  shall  be  chosen  in   such  manner,  and  in  such 


Missouri,— 1820  2147 

proportion,  as  they  shall  designate,  and  shall  meet  at  such  time  and 
place  as  shall  be  prescribed  by  the  said  ordinance ;  and  shall  then 
form  for  the  people  of  said  Territory,  Avithin  the  boundaries  afore- 
said, a  constitution  and  State  government:  Provided,  That  the 
same,  Avhenever  formed,  shall  be  republican,  and  not  repugnant  to 
the  Constitution  of  the  United  States;  and  that  the  legislature  of  said 
State  shall  never  interfere  with  the  primary  disposal  of  the  soil  by 
the  United  States,  nor  with  any  regulations  Congress  may  find  neces- 
sary for  securing  the  title  in  such  soil  to  the  bona-fide  purchasers; 
and  that  no  tax  shall  be  imposed  on  lands  the  property  of  the  United 
States;  and  in  no  case  shall  non-resident  proprietors  be  taxed  higher 
than  residents. 

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  Representatives  of  the  United  States. 

Sec.  6.  And  he  it  further  enacted,  That  the  following  pro])ositions 
be,  and  the  same  are  hereby,  offered  to  the  convention  of  the  said 
Territory  of  Missouri,  when  formed,  for  their  free  acceptance  or 
rejection,  which,  if  accepted  by  the  conA^ention,  shall  be  obligatory 
upon  the  United  States : 

First.  That  section  numbered  sixteen  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. 

Second.  That  all  salt-springs,  not  exceeding  twelve  in  number,  with 
six  sections  of  land  adjoining  to  each,  shall  be  granted  to  the  said 
State,  for  the  use  of  said  State,  the  same  to  be  selected  by  the  legisla- 
ture of  the  said  State,  (m  or  before  the  first  day  of  January,  in  the 
year  one  thousand  eight  hundred  and  twenty-five,  and  the  same,  when 
so  selected,  to  l)e  used  under  such  terms,  conditions,  and  regulaticms  as 
the  legislature  of  said  State  shall  direct:  Provided,  That  no  salt- 
s])ring,  the  right  whereof  now  is,  or  hereafter  shall  be,  confirmed  or 
adjudged  to  any  individual  or  individuals,  shall,  by  this  section,  be 
granted  to  said  State:  And  provided  also,  That  the  legislature  shall 
never  sell  or  lease  the  same,  at  any  one  time,  for  a  longer  period  than 
ten  years,  without  the  consent  of  Congress. 

Third.  Tliat  live  ]:»er  cent,  of  (he  net  proceeds  of  the  sale  of  lands 
lying  within  the  said  Territory,  or  State,  and  which  shall  be  sold  by 
(\)ngi'ess,  from  and  after  the  fii'st  day  of  January  next,  after  deduct- 
ing all  expenses  incident  to  the  same,  shall  be  reserved  for  making- 
public  roads  and  canals,  of  Avhich  three-fifths  shall  be  applied  to 
those  objects  within  the  State,  under  the  direction  of  the  legislature 
thereof;  and  the  other  two-fifths  in  defraying,  under  the  direction  of 
Congress,  the  ex])enses  to  l)e  incurred  in  making  of  a  road  or  roads, 
canal  or  canals,  leading  to  the  said  Stale. 

Fourth.  Hiat  four  entire  sections  of  land  be,  and  the  same  are 
hereby,  granted  to  the  said  State,  for  the  ])urpose  of  fixing  their  seat 
of  govennnent  thereon,  which  said  secticms  shall,  under  the  direction 
of  the  legislature  of  said  State,  be  located,  as  near  as  may  be,  in  one 
body,  at  any  time,  in  such  townships  and  ranges  as  the  legislature 
aforesaid  may  select,  on  any  of  the  public  lands  of  the  T"!^nited  States: 
Provided,  That  such  locations  shall  be  nnide  prior  to  the  public  sale 
of  the  lands  of  the  United  States  surroundiuir  such  location. 


2148  Missouri— 1821 

Fifth.  That  thirty-six  sections,  or  one  entire  township,  which  shall 
be  designated  by  the  President  of  the  United  States,  together  Avith 
the  other  lands  heretofore  reserved  for  that  purpose,  shall  be  re- 
served for  the  use  of  a  seminary  of  learning,  and  vested  in  the  legis- 
lature of  said  State,  to  be  appropriated  solely  for  the  use  of  such 
seminary  by  the  said  legislature:  Provided,  That  the  five  foregoing 
propositions  herein  offered  are  on  the  condition  that  the  convention 
of  the  said  State  shall  provide,  by  an  ordinance,  irrevocable  Avithout 
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 
next,  shall  remain  exempt  from  au}^  tax  laid  by  order  or  under  the 
authority,  of  the  State,  Avhether  for  State,  county,  or  township,  or 
any  other  purpost^  whatever,  for  the  term  of  five  years  from  and  after 
the  day  of  sale:  And  fm'ther,  That  the  bounty-lands  granted,  or  here- 
after to  be  granted,  for  military  services  during  the  late  war,  shall, 
while  they  continue  to  bo  held  by  the  patentees,  or  their  heirs,  remain 
exempt  as  aforesaid  from  taxation  for  the  term  of  three  years  from 
and  after  the  date  of  the  patents  respectively. 

Sec.  7.  And  he  it  further  enacted,  That  in  case  a  constitution  and 
State  government  shall  be  formed  for  the  people  of  the  said  Terri- 
tory of  JNIissouri,  the  said  convention  or  representatives,  as  soon  there- 
after as  may  be,  shall  cause  a  true  and  attested  copy  of  such  constitu- 
tion, or  frame  of  State  government,  as  shall  be  formed  or  provided, 
to  be  transmitted  to  Congress. 

Sec.  8.  And  he  it  further  enacted.  That  in  all  that  territory  ceded 
by  France  to  the  United  States,  under  the  name  of  Louisiana,  which 
lies  north  of  thirty-six  degrees  and- thirty  minutes  north  latitude,  not 
included  within  the  limits  of  the  State  contemplated  by  this  act, 
slavery  and  involuntary  servitude,  otherwise  than  in  the  punishment 
of  crimes,  whereof  the  parties  shall  have  been  duly  convicted,  shall  be. 
and  is  hereby,  forever  prohibited:  Prorided  always,  That  any  per- 
son escaping  into  the  same  from  whom  labor  or  sei'vice  is  lawfully 
claimed  in  any  State  or  Territorj'  of  the  United  States,  such  fugitive 
may  be  lawfully  reclaimed,  and  conveyed  to  the  person  claiming  his 
or  her  labor  or  services  as  aforesaid. 

Approved,  March  G,  1820. 


RESOLUTION  FOR  THE  ADMISSION  OF  MISSOURI— 1821 

[SixTEKNTii  Congress.  Second  Session] 

Itcsolulidii  iirovidinj:  for  the  ndiiiissioii  (if  the  slate  of  Missouri   into  tlio  riiioii. 

on  a  certain  condition 

Resolved  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America,  in  Congress  assemhled.  That  Missouri  shall  be 
admitted  into  this  union  on  an  equal  footing  with  the  original  states, 
in  all  respects  whatever,  upon  the  fundamental  condition,  that  the 
foiu'th  clause  of  the  twenty-sixth  section  of  the  third  article  of  the 
constitution  submitted  on  the  part  of  said  state  to  Congress,  shall 
never  be  construed  to  authorize  the  passage  of  any  law,  and  that  no 
law  shall  be  passed  in  conformity  thereto,  by  Avhich  any  citizen,  of 
either  of  the  states  in  this  Union,  shall  be  excluded  from  the  enjoy- 
ment of  any  of  the  privileges  and  imnuniities  to  which  such  citizen 


Missouri— 1821  2 1 49 

is  entitled  under  the  constitution  of  the  United  States:  Pvoin(}t:d^ 
That  the  legislature  of  the  said  state,  by  a  solenui  public  act.  shall 
declare  the  assent  of  the  said  state  to  the  said  fundamental  condition, 
and  shall  transmit  to  the  President  of  the  United  States,  on  or  before 
the  fourth  Monday  in  Noyembcr  next,  an  authentic  copy  of  the 
said  act ;  upon  the  receipt  Ayhereof,  the  President,  by  proclamation, 
shall  announce  the  fact;  whereupon,  and  Ayithout  any  further  pro- 
ceeding on  the  part  of  Congi'ess,  the  admission  of  the  said  state  into 
this  Union  shall  be  cousidered  as  coni])lete. 
Approyed,  ]^Iarch  2,  1821. 


PROCLAMATION  ADMITTING  MISSOURI— 1821  -^ 
By  thj:  Presujent  or  the  United  States  . 
A  PROCLAMATION 

'\^Tiereas  the  Congress  of  the  United  States,  by  a  joint  resolution  of 
the  2d  day  of  March  last,  entitled  '"  Resolution  proyiding  for  the 
admission  of  the  State  of  Missouri  into  the  Union  on  a  certain  con- 
dition,'' did  determine  and  declare  that  Missouri  should  be  admitted 
into  this  Union  on  an  equal  footing  with  the  original  States  in  all 
respects  whateyer  upon  the  fundamental  condition  that  the  fourth 
clause  of  the  twenty-sixth  section  of  the  tliircl  article  of  the  con- 
stitution submitted  on  the  part  of  said  State  to  Congress  shall 
neyer  be  construed  to  authorize  the  passage  of  any  law,  and  that  no 
law  shall  be  passed  in  conformity  thereto,  by  which  any  citizen  of 
either  of  the  States  of  this  Union  shall  be  excluded  from  the  enjoy- 
ment of  any  of  the  priyileges  and  innnunities  to  which  such  citizen 
is  entitled  under  the  Constitution  of  the  United  States:  Promdcd, 
That  the  Legislature  of  said  State,  by  a  solemn  public  act  shall 
declare  the  assent  of  the  said  State  to  the  said  fundamental  con- 
dition, and  shall  transmit  to  the  President  of  the  United  States 
on  or  before  the  lirst  Monday  in  Xoyember  next  an  authentic  copy  of 
said  act,  upon  the  receipt  whereof  the  President,  by  proclamation, 
shall  announce  the  fact,  whereupon,  and  without  any  further  pro- 
ceeding on  the  \yc\vi  of  Congress,  the  admission  of  the  said  State  into 
this  Union  shall  be  considered  as  complete:  "  and 

Whereas  by  solemn  public  act  of  the  assembly  of  said  State  of 
Missouri,  passed  on  the  26tli  of  June,  in  the  present  year,  entitled 
"A  solemn  public  act  declaring  the  assent  of  this  State  to  the  fun- 
dameutal  condition  contained  in  a  resolution  passed  by  the  Congress 
of  the  United  States  proyiding  for  the  admission  of  the  State  of  Mis- 
souri into  the  Union,  on  a  certain  condition,"  an  authentic  copy 
whereof  has  been  comnuniicated  to  me.  it  is  solemnly  and  publicly 
enacted  and  declared  that  that  State  has  assented,  aiid  does  assent, 
that  the  fourth  clause  of  the  twenty-sixth  section  of  the  third  article 
of  the  constitution  of  said  State  "  shall  never  be  construed  to  author- 
ize the  passage  of  any  law,  and  that  no  law  shall  be  passed  in 
conformity  thereto,  by  which  any  citizen  of  either  of  the  United 
States  shall  be  exclucled  from  the  enjoyment  of  any  of  the  priyi- 

c  Messages  tind  Papers  of  the  Presidents,  James  I).  Uieliiirdson,  II.  95-90. 


2150  Missouri— 1820 

leges  and  immunities  to  which  such  citizens  are  entitled  under  the 
Constitution  of  the  United  States :  " 

Now,  therefore,  I,  James  Monroe,  President  of  the  United  States, 
in  pursuance  of  the  resolution  -of  Congress  aforesaid,  have  issued  this 
m}'  proclamation  announcing  the  fact  that  the  said  State  of  Missouri 
has  assented  to  the  fundamental  condition  required  by  the  resolution 
of  Congress  aforesaid,  whereupon  the  admission  of  the  said  State  of 
Missouri  into  this  Union  is  declared  to  be  complete.  , 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States 
of  America  to  be  affixed  to  these  presents,  and  signed  the  same  with 
my  hand. 

Done  at  the  city  of  Washington  the  10th  of  August,  A.  D.,  1821, 
^eal)      and    of  the   Independence   of   the   said   United   States   of 
America  the  forty-sixth. 

James  Monroe. 
By  the  President: 

John  Quincy  Adams, 

Secretary  of  State. 


CONSTITUTION  OF  MISSOURI— 1820  *  « 

We,  the  people  of  Missouri,  inhabiting  the  limits  hereinafter  desig- 
nated, by  our  representatives  in  convention  assembled  at  Saint  Louis, 
on  Monday,  the  12th  day  of  June,  1820,  do  mutually  agree  to  form 
and  establish  a  free  and  independent  republic,  by  the  name  of  the 
"  State  of  Missouri,"  and  for  the  government  thereof  do  ordain  and 
establish  this  constitution : 

Article   I 

or    BOUNDARIES 

We  do  declare,  establish,  ratify,  and  confirm  the  following  as  the 
permanent  boundaries  of  said  State,  that  is  to  say :  Beginning  in  the 
middle  of  the  Mississippi  Eiver,  on  the  parallel  of  thirty-six  degrees 
of  north  latitude ;  thence  west  along  the  said  parallel  of  latitude  to 
Saint  Francois  River;  thence  up  and  following  the  course  of  that 
river,  in  the  middle  of  the  main  channel  thereof,  to  the  parallel  of 
latitude  of  thirty-six  degrees  and  thirty  minutes ;  thence  west  along 
the  same  to  a  point  where  the  said  parallel  is  intersected  by  a  merid- 
ian-line passing  through  the  middle  of  the  mouth  of  the  Kansas 
Eiver,  where  the  same  empties  into  the  Missouri  River;  thence  from 
the  point  aforesaid  north,  along  the  said  meridian-line,  to  the  inter- 
section of  the  parallel  of  latitude  which  passes  through  the  rapids  of 
the  river  Des  Moines,  making  the  said  line  correspond  with  the 
Indian  boundary-line ;  thence  east  from  the  point  of  intersection  last 
aforesaid,  along  the  said  parallel  of  latitude,  to  the  middle  of  the 
channel  of  the  main  fork  of  the  said  river  Des  Moineg ;  thencg  down 

*  Verified  from  "  The  Constitution  and  Amendments  in  tlie  Laws  of  Missouri, 
1821-1864." 

a  This  constitution  was  framed  by  a  convention  which  met  at  Saint  Louis  June 
12,  1820,  and  completed  its  labors  July  19,  1820. 


Missouri— 1S20  2151 

and  along  the  middle  of  the  main  channel  of  the  said  river  Des  Moines 
to  the  mouth  of  the  same,  where  it  empties  into  the  Mississippi  River ; 
thence  due  east  to  the  middle  of  the  main  channel  of  the  Mississippi 
River;  thence  down  and  following  the  course  of  the  Mississippi 
River,  in  the  middle  of  the  main  channel  thereof,  to  the  place  of 
beginning. 

Article   II 

or    THE    DISTRIBUTION    OF    POAVERS 

The  powers  of  government  shall  be  divided  into  three  distinct 
departments,  each  of  which  shall  be  confided  to  a  separate  mag- 
istracy; and  no  person  charged  wdth  the  exercise  of  powers  properly 
belonging  to  one  of  those  departments  shall  exercise  any  ])OAver 
properly  belonging  to  either  of  the  others,  except  in  the  instances 
hereinafter  expressly  directed  or  permitted. 

Article  III 

or    THE    LEGISLATIVE    POW'ER 

Section  1.  The  legislative  power  shall  be  vested  in  a  general 
assembly,  which  shall  consist  of  a  senate  and  of  a  house  of  represent- 
atives. 

Sec.  2.  The  house  of  representatives  shall  consist  of  members  to  be 
chosen  every  second  year,  by  the  qualified  electors  of  the  several 
counties.  Each  county  shall  have  at  least  one  representative;  but 
the  whole  number  of  representatives  shall  never  exceed  one  hundred. 

Sec.  3.  Xo  person  shall  be  a  member  of  the  house  of  representatives 
who  shall  not  have  attained  the  age  of  twenty- four  years;  who  shall 
not  l)e  a  free  white  male  citizen  of  the  United  States ;  who  shall  not 
have  been  an  inhabitant  of  this  State  two  years,  and  of  the  county 
which  he  represents  one  3'ear  next  before  his  election,  if  such  county 
shall  have  been  so  long  established;  but  if  not,  then  of  the  county 
or  counties  from  which  the  same  shall  have  been  taken;  and  who 
shall  not,  moreover,  have  paid  a  State  or  county  tax. 

Sec.  4.  The  general  assembly  at  their  first  session,  and  in  the  years 
one  thousand  eight  hundred  and  twenty-two  and  one  thousand  eight 
hundred  and  twenty-four,  respectively,  and  every  fourth  year  there- 
after, shall  cause  an  enumeration  of  the  inhabitants  of  this  State  to 
be  made;  and  at  the  first  session  after  such  enumeration  shall  appor- 
tion the  number  of  representatives  among  the  several  counties,  accord- 
ing to  the  number  of  free  white  male  inhabitants  therein. 

Sec.  5.  The  senators  shall  be  chosen  by  the  qualified  electors  for  the 
term  of  four  years.  Xo  person  shall  be  a  senator  who  shall  not  have 
attained  to  the  age  of  thirty  years;  Avho  shall  not  be  a  free  white  male 
citizen  of  the  United  States:  who  shall  not  have  been  an  inhabitant 
of  this  State  four  years,  and  of  the  district  Avhich  he  may  be  chosen 
to  represent  one  year  next  before  his  election,  if  such  district  shall 
have  been  so  long  established ;  but  if  not,  then  of  the  district  or  dis- 
tricts from  which  the  same  shall  have  been  taken ;  and  "who  shall  not, 
moreover,  have  paid  a  State  or  county  tax. 


2152  Missouri— 1820 

Sec.  6.  The  senate  shall  consist  of  not  less  than  fourteen  nor  more 
than  thirty-three  members;  for  the  election  of  whom  the  State  shall 
be  divided  into  convenient  districts,  which  may  be  altered  from  time 
to  time,  and  new  districts  established,  as  public  convenience  may  re- 
quire, and  the  senators  shall  be  apportioned  among  the  several  dis- 
tricts according  to  the  number  of  free  white  male  inhabitants  in  each : 
Prorided',  That  when  a  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.  7.  At  the  first  session  of  the  general  assembly,  the  senators 
shall  be  divided  by  lot,  as  equally  as  may  be,  into  two  classes.  The 
seats  of  the  first  class  shall  be  vacated  at  the  end  of  the  second  year, 
and  the  seats  of  the  second  class  at  the  end  of  the  fourth  year ;  so  that 
one-half  of  the  senators  shall  be  chosen  every  second  year. 

Sec.  8.  After  the  first  day  of  January,  one  thousand  eight  hundred 
and  twenty-two,  all  general  elections  shall  commence  on  the  first 
Monday  in  August,  and  shall  be  held  biennially ;  and  the  electors,  in 
all  cases,  exceyt  of  treason,  felony,  or  breach  of  the  peace,  shall  be 
privileged  from  arrest  during  their  continuance  at  elections,  and  in 
going  to  and  returning  from  the  same. 

Sec.  9.  The  governor,  shall  issue  Avrits  of  election  to  fill  such  -vacan- 
cies as  may  occur  in  either  house  of  the  general  assembly. 

Sec.  10.  Every  free  white  male  citizen  of  the  United  States,  wdio 
shall  have  attained  the  age  of  twenty-one  years,  and  who  shall  have 
resided  in  this  State  one  year  before  an  election,  the  last  three  months 
whereof  shall  have  been  in  the  county  or  district  in  which  he  offers 
to  vote,  shall  be  deemed  a  qualified  elector  of  all  elective  offices :  Pro- 
vided^ That  no  soldier,  seaman,  or  mariner  in  the  Regular  Army  or 
Navy  of  the  United  States  shall  be  entitled  to  vote  at  any  election  in 
this  State. 

Sec.  11.  Xo  judge  of  any  court  of  law  or  equity,  secretary  of  state, 
attorney-general.  State  auditor,  State  or  county  treasurer,  register,  or 
recorder,  clerk  of  any  court  of  record,  sheriff,  coroner,  member  of 
Congress,  nor  other  person  holding  any  lucrative  office  under  the 
United  States  or  this  State,  militia  officers,  justices  of  the  peace,  and 
postmasters  excepted,  shall  be  eligible  to  either  house  of  the  general 
assembly. 

Sec.  i2.  No  person  who  now  is  or  hereafter  may  be  a  collector  or 
holder  of  public  money,  nor  any  assistant  or  deputy  of  such  collector 
or  holder  of  public  money,  shall  be  eligible  to  either  house  of  the  gen- 
eral assembly,  nor  to  any  office  of  profit  or  trust  until  he  shall  have 
accounted  for  and  paid  all  sums  for  which  he  may  be  accountable. 

Sec.  13.  No  person  while  he  continues  to  exercise  the  functions  of  a 
bishoj),  priest,  clergyman,  or  teacher  of  any  religious  persuasion, 
denomination,  society,  or  sect  whatsoeA^er,  shall  be  eligible  to  either 
house  of  the  general  assembly ;  nor  shall  he  be  appointed  to  any  office 
of  profit  within  the  State,  the  office  of  justice  of  the  peace  excepted. 

Sec.  14.  The  general  assembly  shall  have  power  to  exclude  from 
every  office  of  honor,  trust,  or  profit,  within  the  State,  and  from  the 
right  of  suffrage,  all  persons  convicted  of  bribery,  perjury,  or  other 
infamous  crime. 

Sec.  15.  Every  person  who  shall  be  convicted  of  having,  directly 
or  indirectly,  given  or  offered  any  bribe  to  procure  his  election  or 


Missouri~lS20  2153 

ai)pointment.  shall  be  disqualified  for  any  office  of  honor,  trust,  or 
jirofit  under  this  State:  and  any  person  who  shall  pre  or  olfer  any 
bril)e  to  procure  the  election  or  a])pointnient  of  any  person,  shall,  on 
conviction  thereof,  be  disqualified  for  an  elector,  or  for  any  office  of 
honor,  trust,  or  profit  under  this  State,  for  ten  years  after  such  con- 
viction. 

Sec.  1G.  No  senator  or  representative  shall,  during-  the  term  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office  under 
this  State  Avhich  shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased,  durino-  his  continuance  in  office,  except  to 
such  offices  as  shall  be  filled  by  elections  of  the  people. 

Sec,  17.  Each  house  shall  appoint  its  own  officers,  and  shall  judge 
of  the  qualifications,  elections,  and  returns  of  its  own  members.  A 
majority  of  each  house  shall  constitute  a  quorum  to  do  business;  but 
a  smaller  number  may  adjourn  from  clay  to  day,  and  may  compel  the 
attendance  of  absent  members  in  such  manner,  and  under  such  penal- 
ties, as  each  house  may  provide. 

Sec.  18.  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 
no  meml)er  shall  be  expelled  a  second  time  for  the  same  cause.  They 
shall  each,  from  time  to  time,  publish  a  journal  of  their  proceedings, 
except  such  parts  as  may,  in  their  opinion,  require  secrecy;  and  the 
yeas  and  naj^s  on  any  question  shall  be  entered  on  the  journal,  at  the 
desire  of  any  two  members. 

Sec.  19.  The  doors  of  each  house,  and  of  committee  of  the  whole, 
shall  be  kept  open,  except  in  cases  which  may  require  secrecy;  and 
each  house  may  punish,  by  fine  or  imprisonment,  any  person,  not  a 
member,  who  shall  be  guilty  of  disrespect  to  the  house.  l)v  any  dis- 
orderly or  contemptuous  behavior  in  their  presence,  during  their  ses- 
sion: Provided^  That  such  fine  shall  not  exceed  three  hundred  dollars, 
and  such  imprisonment  shall  not  exceed  forty-eight  hours  for  one 
offence. 

Sec.  20.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  two  days  at  any  one  time,  nor  to  any  other 
place  than  to  that  in  which  the  two  houses  may  be  sitting. 

Sec.  21.  Bills  may  originate  in  either  house,  and  may  be  altered, 
amended,  or  rejected  by  the  other;  and  every  bill  shall  be  read  on 
three  different  days  in  each  house,  unless  two-thirds  of  the  house 
where  the  same  is  dejoending  shall  dispense  Avith  this  rule ;  and  every 
bill,  having  passed  both  houses,  shall  be  signed  by  the  speaker  of  the 
house  of  representatives  and  by  the  president  of  the  senate. 

Sec.  22.  AVhen  any  officer,  civil  or  military,  shall  be  ap])ointed  by 
the  joint  or  concurrent  vote  of  both  houses,  or  by  the  separate  vote  of 
either  house  of  the  general  assembly,  the  votes  shall  be  pub>licly  given, 
viva  voee^  and  entered  on  the  journals.  The  whole  list  of  members 
shall  be  called,  and  tlu'  names  of  absentees  shall  be  noted  and  pub- 
lished with  the  journal. 

Sec.  23.  Senators  and  representatives  shall,  in  all  cases,  except  of 
treason,  felony,  or  breach  of  the  peace,  be  privileged  from  arrest  dur- 
ing the  session  of  the  general  assembly,  and  for  fifteen  days  next 
before  the  conunencement  and  after  the  termination  of  each  session; 
and  for  any  speech  oi-  debate  in  either  house,  they  shall  not  be  (|ues- 
tioned  in  any  other  i)lace. 


2154  Missouri — 1820 

Sec.  24.  The  members  of  the  general  assembly  shall  severally  re- 
ceiA^e  from  the  public  treasury  a  compensation  for  their  services, 
which  may,  from  time  to  time,  be  increased  or  diminished  by  law; 
but  no  alteration,  increasing  or  tending  to  increase  the  compensation 
of  members,  shall  take  effect  during  the  session  at  which  such  altera- 
tion shall  be  made. 

Sec.  25.  The  general  assembly  shall  direct  by  law  in  what  manner, 
and  in  what  courts,  suits  may  be  brought  against  the  State. 

Sec.  26.  Tlie  general  assembly  shall  not  have  power  to  pass  laws— 

1.  For  the  emancipation  of  slaves  without  the  consent  of  their 
owners;  or  without  paying  them,  before  such  emancipation,  a  full 
equivalent  for  such  slaves  so  emancipated ;  and, 

2.  To  prevent  hona-fide  immigrants  to  this  State,  or  actual  settlers 
therein,  from  bringing  from  any  of  the  United  States,  or  from  any 
of  their  Territories,  such  persons  as  may  there  be  deemed  to  be  slaves, 
so  long  as  any  persons  of  the  same  description  are  allowed  to  be  held 
as  slaves  by  the  laws  of  this  State. 

The}'  shall  have  power  to  pass  laws — 

1.  To  prohibit  the  introduction  into  this  State  of  any  slaves  who 
may  have  committed  any  high  crime  in  any  other  State  or  Territorj'^ ; 

2.  To  prohibit  the  introduction  of  any  slave  for  the  purpose  of 
speculation,  or  as  an  article  of  trade  or  merchandise; 

3.  To  prohibit  the  introduction  of  any  slave,  or  the  offspring  of  any 
slave,  who  heretofore  may  have  been,  or  Avho  hereafter  may  be,  im- 
ported from  any  foreign  country  into  the  United  States,  or  an}'  Terri- 
tory thereof,  in  contravention  of  any  existing  statute  of  the  United 
States;  and, 

4.  To  permit  the  owners  of  slaves  to  emancipate  them,  saving  the 
right  of  creditors,  where  the  person  so  emancipating  will  give  security 
that  the  slave  so  emancipated  shall  not  become  a  public  charge. 

It  shall  be  their  duty,  as  soon  as  may  be,  to  pass  such  laws  as  may 
be  necessary — 

1.  To  prevent  free  negroes  end  mulattoes  from  coming  to  and 
settling  in  this  State,  under  any  pretext  whatsoever ;   and, 

2.  To  oblige  the  owners  of  slaves  to  treat  them  with  humanity,  and 
to  abstain  from  all  injuries  to  them  extending  to  life  or  limb. 

Sec.  27.  In  prosecutions  for  crimes,  slaves  shall  not  be  deprived 
of  an  impartial  trial  by  jury  and  a  slave  convicted  of  a  capital  offence 
shall  suffer  the  same  degree  of  punishment,  and  no  other,  that  would 
be  inflicted  on  a  free  white  person  for  a  like  offence;  and  courts  of 
justice,  before  whom  slaves  shall  be  tried,  shall  assign  them  counsel 
for  their  defence. 

Sec.  28.  Any  person  who  shall  maliciously  deprive  of  life  or  dis- 
member a  slave,  shall  suffer  such  i)unishment  as  would  be  inflicted 
for  the  like  offence  if  it  were  committed  on  a  free  white  person. 

Sec.  29.  The  governor,  lieutenant-governor,  secretary  of  state, 
auditor,  treasurer,  attorney-general,  and  all  judges  of  the  courts  of 
law  and  equity,  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  this  State.  The  party  impeached,  whether 
convicted  or  acquitted,  shall,  nevertheless,  be  liable  to  be  indicted, 
tried,  and  punished  according  to  law. 


Missouri— 1820  2155 

Sec.  30.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment.  All  impeachiueiits  shall  be  tried  by  the  senate;  iyjd. 
when  sitting  for  that  purpose,  the  senators  shall  be  on  oath  or  aihr- 
mation  to  do  justice  according-  to  law  and  evidence.  AVhen  the  gov- 
ernor shall  be  tried,  the  presiding  judge  of  the  supreme  court  shall 
preside;  and  no  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  senators  present. 

Sec.  31.  A  vState  treasurer  shall  be  biennially  appointed  by  joint 
vote  of  the  two  houses  of  the  general  assembly,  who  shall  keep  his 
office  at  the  seat  of  government.  No  money  shall  be  drawn  from  the 
treasury  but  in  consequence  of  appropriations  made  by  law;  and  an 
accurate  account  of  the  receipts  and  expenditures  of  the  })ublic  money 
shall  be  annually  published. 

Sec.  32.  The  appointment  of  all  officers,  not  otherwise  directed  by 
this  constitution,  shall  be  made  in  such  manner  as  may  be  prescribed 
by  law;  and  all  officers,  both  civil  and  military,  under  the  authority 
of  this  State,  shall,  before  entering  on  the  duties  of  their  respective 
offices,  take  an  oath  or  affirmation  to  support  the  Constitution  of  the 
United  States,  and  of  this  State,  and  to  demean  themselves  faith- 
fully in  office. 

Sec.  33.  The  general  assembly  shall  meet  on  the  third  Monday  in 
September  next ;  on  the  first  Monday  in  November,  eighteen  hundred 
and  twenty-one;  on  the  first  Monday  in  November,  eighteen  hun- 
dred and  twenty-tAvo,  and  thereafter  the  general  assembly  shall  meet 
once  in  every  two  years,  and  such  meeting  shall  be  on  the  first  Monday 
in  November,  unless  a  different  day  shall  be  apjDointed  by  law. 

Sec.  34.  No  county  now  established  by  law  shall  ever  be  reduced, 
by  the  establishment  of  new  counties,  to  less  than  twenty  miles 
square;  nor  shall  any  county  hereafter  be  established  which  shall 
contain  less  than  four  hundred  square  miles. 

Sec.  3.5.  Within  five  years  after  the  adoption  of  this  constitution, 
all  the  statute  laws  of  a  general  nature,  both  civil  and  criminal,  shall 
be  revised,  digested,  and  promulgated,  in  such  manner  as  the  general 
assembly  shall  direct,  and  a  like  revision,  digest,  and  promulgation 
shall  be  made  at  the  expiration  of  every  subsequent  i)eriod  of  ten 
years. 

Sec.  36.  The  style  of  the  laws  of  this  State  shall  be,  ^'Be  it  enacted 
hy  the  general  assembly  of  the  State  of  Missouriy 

Article  IV 

OF  THE   EXECUTIVE   POWER 

Section  1.  The  supreme  executive  i)ower  shall  be  vested  m  a  chief 
magistrate,  who  shall  l)e  styled  "  The  governor  of  the  State  (d' 
Missouri.'' 

Sec.  2.  The  governor  shall  be  at  least  thirty-five  years  of  age.  and 
a  natural-born  citizen  of  the  United  States,  or  a  citizen  at  the  adop- 
tion of  the  Constitution  of  the  United  States,  or  an  inhabitant  of  that 
part  of  Louisiana  now  included  in  the  State  of  ^fissouri  at  the  time 
of  the  cession  thereof  from  France  to  the  ITnited  States,  and  shall 
have  been  a  resident  of  the  same  at  least  four  years  next  before  his 
election. 


2156  Missouri— 1820 

Sec.  3.  The  governor  shall  hold  his  office  for  four  years,  and  until  a 
successor  be  duly  api:)ointed  and  qualified.  He  shall  be  elected  in  the 
manner  following:  At  the  tiiiie  and  place  of  voting  for  members  of 
the  house  of  representatives,  tlie  qualified  electors  shall  vote  for  a  gov- 
ernor; and  when  two  or  more  persons  have  an  equal  number  of  votes, 
and  a  higher  number  than  any  person,  the  election  shall  be  decided 
between  them  by  a  joint  vote  of  both  houses  of  the  general  assembly, 
at  their  next  session. 

Sec.  4.  The  governor  shall  be  ineligible  for  the  next  four  years 
after  the  expiration  of  his  term  of  service. 

Sec.  5.  The  governor  shall  be  commander-in-chief  of  the  militia 
and  navy  of  the  State,  except  when  they  shall  be  called  into  the  serv- 
ice of  the  United  States ;  but  he  need  not  command  in  person,  unless 
advised  so  to  do  by  a  resolution  of  the  general  assembly. 

Sec.  C.  The  governor  shall  have  power  to  remit  fines  and  forfei- 
tures; and,  except  in  cases  of  impeachment,  to  grant  reprieves  and 
pardons. 

Sec.  7.  The  governor  shall,  from  time  to  time,  give  to  the  general 
assembly  information  relative  to  the  state  of  the  government,  and 
shall  recommend  to  their  consideration  such  measures  as  he  shall 
deem  necessar}''  and  expedient.  On  extraordinary  occasions  he  may 
convene  the  general  assembly  by  proclamation,  and  shall  state  to  them 
the  purposes  for  which  they  are  convened. 

Sec.  8.  The  governor  shall  take  care  that  the  laAvs  be  distributed 
and  faithfully  executed;  and  he  shall  be  a  conservator  of  the  peace 
throughout  the  State. 

Sec.  0.  When  any  office  shall  become  vacant,  the  governor  shall 
appoint  a  person  to  fill  such  vacancy,  who  shall  continue  in  office  until 
a  successor  be  duly  appointed  and  qualified  according  to  law. 

Sec.  10.  Everj^  bill  which  shall  have  been  passed  by  both  houses  of 
the  general  assembly  shall,  before  it  becomes  a  law,  be  presented  to 
the  governor  for  his  approbation.  If  he  approve,  he  shall  sign  it ; 
if  not,  he  shall  return  it,  Avith  his  objections,  to  the  house  in  which  it 
shall  have  originated,  and  the  house  shall  cause  the  objections  to  be 
entered  at  large  on  its  journals,  and  shall  proceed  to  reconsider  the 
bill.  If,  after  such  reconsideration,  a  majority  of  all  the  members 
elected  to  that  house  shall  agree  to  pass  the  same,  it  shall  be  sent, 
together  with  the  objections,  to  the  other  house,  by  which  it  shall  be 
in  like  manner  reconsidered,  and  if  approved  by  a  majority  of  all 
the  memliers  elected  to  that  house,  it  shall  become  a  laAv.  In  all  such 
cases  the  votes  of  both  houses  shall  be  taken  by  yeas  and  nays;  the 
names  of  the  members  A'oting  for  and  against  the  bill  shall  be  entered 
on  the  journal  of  each  house  respectively.  If  any  bill  shall  not  be 
returned  by  the  governor  within  ten  days  (Sundays  excepted)  after 
it  shall  have  been  presented  to  him,  the  same  shall  become  a  law,  in 
like  manner  as  if  the  governor  had  signed  it ;  unless  the  general  assem- 
bly, by  its  adjournment,  shall  prevent  its  return,  in  which  case  it 
shall  not  become  a  law. 

Sec.  11.  Every  resolution  to  which  the  concurrence  of  the  senate 
and  house  of  representatiA^es  may  be  necessary,  except  on  cases  of 
adjournment,  shall  be  presented  to  the  governor,  and  before  the  same 
shall  take  effect  shall  be  proceeded  upon  in  the  same  manner  as  in  the 
case  of  a  bill. 


Missouri— 1820  2157 

Sec.  12.  There  shall  be  an  auditor  of  public  accounts,  whom  the 
governor,  by  and  with  the  advice  and  consent  of  the  senate,  shall 
appoint.  He  shall  continue  in  office  four  years,  and  shall  perform 
such  duties  as  may  be  prescribed  by  laAv.  His  office  shall  be  kept  at 
the  seat  of  government. 

Sec.  18.  The  governor  shall,  at  stated  times,  receive  for  his  services 
an  adequate  salary,  to  be  fixed  by  law.  which  shall  neither  ])e  increased 
nor  diminished  during  his  continuance  in  office,  and  which  shall 
never  be  less  than  two  thousand  dollars  annually. 

Sec.  14.  There  shall  be  a  lieutenant-governor,  who  shall  be  elected 
at  the  same  time,  in  the  same  manner,  for  the  same  term,  and  shall 
jiossess  the  same  qualifications  as  the  governor.  The  electors  shall 
distinguish  for  whom  they  vote  as  governor  and  for  whom  as  lieu- 
tenant-governor. 

►Sec.  15.  The  lieutenant-governor  shall,  by  virtue  of  his  office,  be 
j)resident  of  the  senate.  In  connnittee  of  the  whole,  he  may  debate 
on  all  questions;  and,  when  there  is  an  equal  division,  he  shall  give 
the  casting  vote  in  senate,  and  also  in  joint  votes  of  both  houses. 

Sec.  16.  When  the  office  of  governor  shall  become  vacant,  by  death, 
resignation,  absence  from  the  State,  removal  from  office,  refusal  to 
(lualify,  impeachment,  or  otherwise,  the  lieutenant-governor,  or,  in 
case  of  like  disability  on  his  part,  the  president  of  the  senate  i)ro 
tempore,  or.  if  there  be  no  president  of  the  senate  pro  tempore^  the 
speaker  of  the  house  of  representatives  shall  possess  all  the  powers 
and  discharge  all  the  duties  of  governor,  and  shall  receive  for  his 
services  the  like  compensation,  until  such  vancancy  be  filled,  or  the 
governor  so  absent  or  impeached  sliall  return  or  be  acquitted. 

Sec.  17.  Whenever  the  office  of  governor  shall  become  vacant,  by 
death,  resignation,  removal  from  office,  or  otherwise,  the  lieutenant- 
governor,  or  other  person  exercising  i^  powers  of  governor  for  the 
time  being,  shall,  as  soon  as  may  be,  cause  an  election  to  be  held  to 
fill  such  vacancy,  giving  three  months'  previous  notice  thereof:  and 
the  person  elected  shall  not  thereby  be  rendered  ineligible  to  the  office 
of  governor  for  the  next  succeeding  term.  Nevertheless,  if  such 
vacancy  shall  happen  Avithin  eighteen  months  of  the  end  of  the  term 
for  which  the  late  governor  shall  have  been  elected,  the  same  shall 
not  be  filled. 

Sec.  18.  The  lieutenant-governor,  or  president  of  the  senate  pro 
tempore,  while  presiding  in  the  senate,  shall  receive  the  same  compen- 
sation as  shall  be  allowed  to  the  speaker  of  the  house  of  representa- 
tives. 

Sec.  19.  The  returns  of  all  elections  of  governor  and  lieutenant- 
governor  shall  be  made  to  the  secretary  of  state,  in  such  manner  as 
may  be  prescribed  by  law. 

Sec.  '10.  Contested  elections  of  governor  and  lieutenant-governor 
shall  be  decided  by  joint  vote  of  both  houses  of  the  general  assembly, 
in  such  manner  as  may  be  prescribed  by  law. 

Sec.  21.  There  shall  be  a  secretary  of  state,  whom  the  governoi-.  l)y 
and  with  the  advice  and  consent  of  the  senate,  shall  api)oint.  He 
shall  hold  his  office  foui-  years,  unless  sooner  removed  on  impeach- 
ment. He  shall  keep  a  register  of  all  the  official  acts  and  proceedings 
of  the  governor,  and.  when  necessary,  shall  attest  them;  and  he  shall 
lay  the  same,  together  with  all  papers  relative  thereto,  before  either 


2158  Missouri— 1820 

house  of  the  general  assembh-,  whenever  required  so  to  do ;  and  shall 
perform  such  other  duties  as  may  be  enjoined  on  him  by  law. 

Sec.  22.  The  secretary  of  state  shall,  as  soon  as  may  be,  procure  a 
seal  of  state,  with  such  emblems  and  devices  as  shall  l^e  directed  by 
law,  which  s!iall  not  be  subject  to  change.  It  shall  be  called  "  The 
Great  Seal  of  the  State  of  Missouri ;"  shall  be  kept  by  the  secretary 
of  state;  and  all  official  acts  of  the  governor,  his  approbation  of  the 
laws  excepted,  shall  be  thereby  authenticated. 

Sec.  23.  There  shall  be  appointed  in  each  county  a  sheriff  and  a 
coroner,  who,  until  the  general  assembly  shall  otherwise  provide,  shall 
be  elected  by  the  qualified  electors,  at  the  time  and  place  of  electing 
representatives.  They  shall  serve  for  two  years,  and  until  a  successor 
be  duly  appointed  and  qualified,  unless  sooner  removed  for  misde- 
meanor in  office,  and  shall  lie  ineligible  four  years  in  any  period  of 
eight  years.  The  sheriff  and  coroner  shall  each  give  security  for  the 
faithful  discharge  of  the  duties  of  his  office  in  such  manner  as  shall 
be  prescribed  by  law.  AAlienever  a  county  shall  be  hereafter  estab- 
lished, the  governor  shall  appoint  a  sheriff  and  coroner  therein,  who 
shall  each  continue  in  office  until  the  next«succeeding  general  election, 
and  until  a  successor  shall  be  duly  qualified. 

Sec.  24.  TMien  vacancies  hapi^en  in  the  office  of  sheriff  or  coroner, 
they  shall  be  filled  by  appointment  of  the  governor;  and  the  persons 
so  appointed  shall  continue  in  office  until  successors  shall  be  duly 
qualified,  and  shall  not  be  thereby  rendered  ineligible  for  the  next 
succeeding  term. 

Sec.  25.  In  all  elections  of  sheriff'  and  coroner,  Avhen  two  or  more 
persons  have  an  equal  number  of  votes,  and  a  higher  number  than  any 
other  person,  the  circuit  courts  of  the  counties  respectively  shall  give 
the  casting  vote;  and  all  contested  elections  for  the  said  offices  shall 
be  decided  by  the  circuit  courts  respectively,  in  such  manner  as  the 
general  assembly  may  by  law  prescribe. 

Article  V 

01'    THE    JI  DICIAL    POWER 

Section  1.  The  judicial  power,  as  to  matters  of  law  and  equity, 
shall  be  vested  in  a  supreme  court,  in  a  chancellor,  in  circuit  courts, 
and  in  such  inferior  tribunals  as  the  general  assembly  may  from  time 
to  time  ordain  and  establish. 

Sec.  2.  The  supreme  court,  except  in  cases  otherwise  directed  by 
this  constitution,  shall  have  appellate  jurisdiction  only,  which  shall 
be  coextensive  with  the  State,  under  the  restrictions  and  limitations 
in  this  constitution  provided. 

Sec.  3.  Tlie  supreme  court  shall  have  a  general  superintending  con- 
trol over  all  inferior  courts  of  law.  It  shall  have  power  to  issue 
writs  of  hahcas  corpvs.  mandamvs^  quo  warranto,  certiorari  and  other 
original  remedial,  writs,  and  to  hear  and  determine  the  same. 

vSec.  4.  The  supreme  court  shall  consist  of  three  judges,  any  two  of 
Avhom  shall  be  a  quorum:  and  the  said  judges  shall  be  conservators 
of  the  peace  throughout  the  State. 

Sec.  5.  The  State  shall  be  divided  into  convenient  districts,  not  to 
exceed  four:  in  each  of  Avhich  the  supreme  court  shall  hold  two  ses- 
sions annually,  at  such  place  as  the  general  assembly  shall  appoint; 


Missouri— 1820  2159 

and,  Avhen  sitting  in  either  district,  it  shall  exercise  jurisdiction  over 
causes  originating  in  that  district  only:  Provided,  Jiowever,  That  the 
general  assembly  may,  at  any  time  hereafter,  direct  by  law  that  the 
said  court  shall  be  held  at  one  place  only. 

Sec.  6.  The  circuit  court  shall  have  jurisdiction  over  all  criminal 
cases  Avhich  shall  not  be  otherwise  provided  for  by  law ;  and  exclusive 
original  jurisdiction  in  all  civil  cases  Avhich  shall  not  be  cognizable 
before  justices  of  the  peace,  until  otherwise  directed  by  the  general 
assembh^  It  shall  hold  its  terms  in  such  place  in  each  county  as  may 
be  by  law  directed. 

Srx.  T.  The  State  shall  be  divided  into  convenient  circuits,  for  each 
of  which  a  judge  shall  be  appointed,  Avho,  after  his  appointment, 
shall  reside,  and  be  a  conservator  of  the  peace,  within  the  circuit  for 
Avhich  he  shall  be  appointed. 

Sec.  8.  The  circuit  court  shall  exercise  a  superintending  control 
over  all  such  inferior  tribunals  as  the  general  assembly  may  establish, 
and  over  justices  of  the  peace  in  each  coimtj''  in  their  respective  cir- 
cuits. 

Sec.  9.  The  jurisdiction  of  the  court  of  chancery  shall  be  coexten- 
sive Avith  the  State,  and  the  times  and  places  of  holding  its  sessions 
shall  be  regulated  in  the  same  manner  as  those  of  the  supreme  court. 

Sec.  10.  The  court  of  chancery  shall  haA'e  original  and  appellate 
jurisdiction  in  all  matters  of  equity,  and  a  general  control  OA-er  execu- 
tors, administrators,  guardians,  and  minors,  subject  to  appeal,  in  all 
cases,  to  the  supreme  court,  under  such  limitations  as  the  general 
assembly  may  hy  hnv  provide. 

Sec.  11.  Until  the  general  assembl^^  shall  deem  it  expedient  to 
establish  inferior  courts  of  chancery,  the  circuit  courts  shall  liaA^e 
jurisdiction  in  matters  of  equity,  subject  to  appeal  to  the  court  of 
chancery,  in  such  manner  and  under  such  restrictions  as  shall  be  pre- 
scribed by  law. 

Sec.  12.  Inferior  tribunals  shall  be  established  in  each  county  for 
the  transaction  of  all  county  business,  for  appointing  guardians,  for 
granting  letters-testamentary  and  of  administration,  and  for  settling 
the  accounts  of  executors,  administrators,  and  guardians. 

Sec.  18.  The  governor  shall  nominate  and.  by  and  Avith  the  advice 
and  consent  of  the  senate,  appoint  the  judges  of  the  superior  court, 
the  judges  of  the  circuit  courts,  and  the  chancellor,  each  of  Avhoui  shall 
hold  his  office  during  good  behavior,  and  shall  receive  for  his  services 
a  compensation,  Avhich  shall  not  be  diminished  during  his  continuance 
in  office,  and  Avhich  shall  not  be  less  than  tAvo  thousand  dollars 
annually. 

Sec.  14.  No  ])erson  shall  l)e  appointed  a  judge  of  the  supreme  court, 
nor  of  a  circuit  court,  noi"  chancellor,  before  he  shall  ha\e  attained  to 
the  age  of  thirty  years,  noi*  sjiall  any  pei'son  continue  to  exercise  the 
duties  of  any  of  said  offices  aftei-  he  shall  have  attained  to  the  age  of 
sixty-fiA'e  years. 

Sec.  15.  The  courts  respectively  shall  ai)poinl  their  clerks.  Avho 
shall  hold  their  ollices  during  good  behavior.  For  any  misdemeanor 
in  office  they  shall  be  liable  to  be  tried  and  remoA'ed  by  the  supreme 
court,  in  such  manner  as  the  general  assembly  shall  by  laAv  provide. 

Sec.  1().  Any  judge  of  the  supretne  court,  or  of  the  circuit  court,  or 
the  chancellor,  may  l)e  removed  from  office  on  the  address  of  two- 
thirds  of  each  house  of  the  general  assembly  to  the  goA'crnor  for  that 


2160  Missouri— 1820 

l)iirpose,  but  each  house  shall  state,  on  its  respective  journal  the  cause 
for  which  it  shall  wish  the  removal  of  such  judge  or  chancellor,  and 
give  him  notice  thereof,  and  he  shall  have  the  right  to  be  heard  in 
his  defence  in  such  manner  as  the  general  assembly  shall  by  law 
direct;  but  no  judge  or  chancellor  shall  be  removed  in  this  manner  for 
any  cause  for  which  he  might  have  been  impeached. 

Sec.  it.  In  each  county  there  shall  be  appointed  as  many  justices 
of  the  peace  as  the  public  good  may  be  thought  to  require.  Their 
powers  and  clnties  and  their  duration  in  office  shall  be  regulated  by 
law. 

Sec.  18.  An  attorney -general  shall  be  appointed  by  the  governor, 
by  and  with  the  advice  and  consent  of  the  senate.  He  shall  remain  in 
office  four  years,  and  shall  perform  such  duties  as  shall  be  required  of 
him  by  law. 

Sec.  19.  All  writs  and  process  shall  run  and  all  prosecutions  shall 
be  conducted  in  the  name  of  the  "  State  of  Missouri; ''  all  writs  sliall 
be  tested  by  the  clerk  of  the  court  from  wdiicli  they  shall  be  issued,  and 
all  indictments  shall  conclude,  '"  a</ainst  tlie  peace  and  dignity  of  the 
State:' 

Article  VI 

OF    EDUCATION 

Sectiox  1.  Schools  and  the  means  of  education  shall  forever  be 
enouraged  in  this  State ;  and  the  general  assembh^  shall  take  measures 
to  preserve  from  waste  or  damage  such  lands  as  have  been,  or  here- 
after may  be,  granted  by  the  United  States  for  the  use  of  schools 
within  each  township  in  this  State,  and  shall  apply  the  funds  which 
may  arise  from  such  lands  in  strict  conformity  to  the  object  of  the 
grant.  One  school  or  more  shall  be  established  in  each  toAvnship  as 
soon  as  practicable  and  necessary,  where  the  poor  shall  be  taught 
gratis. 

Sec.  '2.  The  general  assembly  shall  take  measures  for  the  improve- 
ment of  such  lands  as  have  been,  or  hereafter  may  be,  granted  by  the 
United  States  to  this  State  for  the  support  of  a  seminary  of  learning, 
and  the  funds  accruing  from  such  lands,  bj'^  rent  or  lease,  or  in  any 
other  manner,  or  which  may  be  obtained  from  any  other  source,  for 
the  purposes  aforesaid,  shall  be  and  remain  a  permanent  fund  to  sup- 
port-a  university  for  the  promotion  of  literature  and  of  the  arts  and 
sciences,  and  it  shall  be  the  duty  of  the  general  assembly,  as  soon  as 
may  be,  to  provide  effectual  means  for  the  improvement  of  such  lands, 
and  for  the  improvement  and  permanent  security  of  the  funds  and 
endowments  of  such  institution. 

Article  VII 

OF   INTERNAL   IMPROVEMENT 

Internal  improvement  sliall  forever  be  encouraged  by  the  govern- 
ment of  this  State,  and  it  shall  be  the  duty  of  the  general  assembly, 
as  soon  as  may  be,  to  make  provision  by  law  for  ascertaining  the  most 
])roper  objects  of  improvement,  in  relation  l)oth  to  roads  and  navig- 
able waters;  and  it  shall  also  be  their  duty  to  provide  by  law  for  a 
systematic  and  economical  application  of  the  funds  appropriated  to 
those  objects. 


Missouri— 1820  2161 

Article  VIII 

OF    BANKS 

The  general  assembly  may  incorporate  one  banking  company,  and 
no  more,  to  be  in  operation  at  the  same  time. 

The  bank  to  be  incorporated  may  have  any  number  of  branches  not 
to  exceed  five,  to  be  established  by  law.  and  not  more  than  one  branch 
shall  be  established  at  any  one  session  of  the  general  assembly.  The 
capital  stock  of  the  bank  to  be  incorporated  shall  never  exceed  five 
millions  of  dollars,  at  least  one-half  of  which  shall  be  reserved  for  the 
use  of  the  State. 

Article  IX 

or    THE    MILITIA 

Section  1.  Field-officers  and  company-officers  shall  be  elected  by 
the  persons  subject  to  militia  duty  within  their  respective  commands. 
Brigadiers-general  shall  be  elected  by  the  field-officers  of  their  respec- 
tive brigades,  and  majors-general  by  the  brigadiers  and  field-officers 
of  their  respective  divisions,  until  otherwise  directed  by  law. 

Sec.  2.  General  and  field  officers  shall  appoint  their  officers  of  the 
staff. 

Sec.  3.  The  governor  shall  appoint  an  adjutant-general,  and  all 
other  militia  officers  whose  appointments  are  not  otherwise  provided 
for  in  this  constitution. 

Article  X 
OF  :\iiscellaneous  provisions 

Section  1.  The  general  assembly  of  this  State  shall  never  interfere 
with  the  primary  disposal  of  the  soil  of  the  United  States,  nor  with 
any  regulation  Congress  may  find  necessary  for  securing  the  title  in 
such  soil  to  the  bona  ^ide  purchasers.  Xo  tax  shall  be  imposed  on 
lands  the  property  of  the  United  States,  nor  shall  lands  belonging  to 
persons  residing  out  of  the  limits  of  this  State  ever  be  taxed  higher 
than  the  lands  l^elonging  to  persons  residing  within  this  State. 

Sec.  2.  The  State  shall  have  concurrent  jurisdiction  on  the  river 
Mississippi,  and  on  every  other  river  bordering  on  the  said  State,  so 
far  as  the  said  river  shall  form  a  common  boundary  to  the  said  State 
and  any  other  State  or  States,  now  or  hereafter  to  be  formed,  and 
bounded  by  the  same;  and  the  said  river  Mississippi,  and  the  naviga- 
ble rivers  and  waters  leading  into  the  same,  whether  bordering  on  or 
within  this  State,  shall  be  common  highways,  and  forever  free  to  the 
citizens  of  this  State  and  of  the  United  States,  without  any  tax,  duty, 
impost,  or  toll  therefor  imposed  by  the  State. 

Article   XI 

OF    TTIK    PKKALVNKNI'    SKAT    (»F    OOVERX.MEXT 

Section  1.  The  general  assenil)ly,  at  their  first  session,  shall  appoint 
five  commissioners  for  the  purpose  of  selecting  a  place  for  the  perma- 
nent seat  of  government,  whose  duty  it  shall  be  to  select  four  sections 

725.3— VOL  3—07 22 


2162  Missouri— 1820 

of  the  land  of  the  United  States  which  shall  not  have  been  exposed  to 
public  sale. 

Sec.  2.  If  the  commissioners  believe  the  four  sections  of  land,  so  by 
them  to  be  selected,  be  not  a  suitable  and  proper  situation  for  the 
permanent  seat  of  government,  they  shall  select  such  other  place  as 
they  may  deem  most  proper  for  that  purpose,  and  report  the  same  to 
the  general  assembly  at  the  time  of  making  their  rej^ort  provided  for 
in  the  first  section  of  this  article:  Pro  ruled,  That  no  place  shall  be 
selected  which  is  not  situated  on  the  bank  of  the  Missouri  River,  and 
within  forty  miles  of  the  mouth  of  the  river  Osage. 

Sec.  3.  If  the  general  assembly  determine  that  the  four  sections  of 
land  which  may  be  selected  by  authority  of  the  first  section  of  this 
article  be  a  suitable  and  proper  place  for  the  permanent  seat  of  gov- 
ernment, the  said  commissioners  shall  lay  out  a  town  thereon,  under 
the  direction  of  the  general  assembh^;  but  if  the  general  assembly 
deem  it  most  expedient  to  fix  the  permanent  seat  of  government  at  the 
place  to  be  selected  by  authority  of  the  second  section  of  this  article, 
they  shall  so  determine,  and  in  that  event  shall  authorize  the  said 
commissioners  to  purchase  any  quantity  of  land,  not  exceeding  six 
hundred  and  forty  acres,  which  may  be  necessary  for  the  purpose 
aforesaid;  and  the  place  so  selected  shall  be  the  permanent  seat  of 
government  of  this  State  from  and  after  the  first  day  of  October,  one 
thousand  eight  hundred  and  twenty-six. 

Sec.  4.  The  general  assembly,  in  selecting  the  above-mentioned 
commissioners,  shall  choose  one  from  each  extreme  part  of  the  State, 
and  one  from  the  centre,  and  it  shall  require  the  concurrence  of  at 
least  three  of  the  commissioners  to  decide  upon  any  part  of  the  duties 
assigned  them. 

Article  XII 

MODE    OF    AMENDING    THE    CONSTITUTION 

The  general  assembly  may  at  any  time  propose  such  amendments 
to  this  constitution  as  two-thirds  of  each  house  shall  deem  expedient, 
which  shall  be  published  in  all  the  newspapers  published  in  this 
State  three  several  times,  at  least  twelve  months  before  the  next  gen- 
eral election ;  and  if,  at  the  first  session  of  the  general  assembly  after 
such  general  election,  two-thirds  of  each  house  shall,  by  yeas  and  nays, 
ratify  such  proposed  amendments,  they  shall  be  valid,  to  all  intents 
and  purposes,  as  parts  of  this  constitution  :  Prorided^  That  such  pro- 
posed amendments  shall  be  read  on  three  several  days,  in  each  house, 
as  well  when  the  same  are  proposed  as  when  they  are  finally  ratified. 

Article  XIII 

DECLARATION    OF    RIGHTS 

That  the  general,  great,  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  established,  we  declare — 

«  Section  1.  That  all  political  power  is  vested  in,  and  derived  from, 
the  people. 

Sec.  2.  That  the  people  of  this  State  have  the  inherent,  sole,  and 
exclusive  right  of  regulating  the  internal  government  and   police 

a  "  Section '"  in  tbis  Declaratiou  is  omitted  in  the  original. 


Missouri— 18W  2163 

thei-eof,  and  of  altering  and  abolishing  their  constitution  and  form  of 
government  whenever  it  may  be  necessary  to  their  safety  and  happi- 
ness. 

Sec.  3.  That  the  people  have  the  right  peaceably  to  assemble  for 
their  common  good,  and  to  apply  to  those  vested  with  the  powers  of 
government  for  redress  of  grievances,  by  petition  or  remonstrance; 
and  that  their  right  to  bear  arms  in  defence  of  themselves  and  of  the 
State  cannot  be  questioned. 

Sec.  4.  That  all  men  have  a  natural  and  indefeasible  right  to 
worship  Almighty  God  according  to  the  dictates  of  their  own  con- 
sciences; that  no  man  can  be  compelled  to  erect,  support,  or  attend 
any  place  of  worshi[),  or  to  maintain  any  minister  of  the  gospel  or 
teacher  of  religion ;  that  no  human  authority  can  control  or  interfere 
with  the  rights  of  conscience;  that  no  person  can  ever  be  hurt, 
molested,  or  restrained  in  his  religious  profession  or  sentiments,  if  he 
do  not  disturb  others  in  their  religious  worship. 

Sec.  5.  That  no  person,  on  account  of  his  religious  opinions,  can 
be  rendered  ineligible  to  any  office  of  trust  or  profit  under  this  State ; 
that  no  preference  can  ever  be  given  by  law  to  any  sect  or  mode  of 
worship;  and  that  no  religious  corporation  can  ever  be  established 
in  this  State. 

Sec.  G.  That  all  elections  shall  be  free  and  equal. 

Sec.  7.  That  courts  of  justice  ought  to  be  open  to  every  person,  and 
certain  remedy  afforded  for  every  injury  to  person,  property,  or 
character;  and  that  right  and  justice  ought  to  be  administered  with- 
out sale,  denial,  or  delay;  and  that  no  private  property  ought  to  be 
taken  or  applied  to  public  use  without  just  compensation. 

Sec.  8.  That  the  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  9.  That  in  all  criminal  prosecutions,  the  accused  has  the  right 
to  be  heard  by  himself  and  his  counsel;  to  demand  the  nature  and 
cause  of  accusation;  to  have  compulsory  process  for  witnesses  in  his 
favor;  to  meet  the  witnesses  against  him  face  to  face;  and,  in  prose- 
cutions on  presentment  or  indictment,  to  a  speedy  trial,  by  an  im- 
partial jury  of  the  vicinage;  that  the  accused  cannot  be  compelled  to 
give  evidence  against  himself,  nor  be  deprived  of  life,  liberty,  or 
property  but  by  the  judgment  of  his  peers,  or  the  law  of  the  land. 

Sec.  io.  That  no  person,  after  having  been  once  acquitted  by  a 
jury,  can,  for  the  same  offence,  be  again  put  in  jeopardy  of  life  or 
limb;  but  if  in  any  criminal  prosecution  the  jury  be  divided  in 
opinion  at  the  end  of  the  term,  the  court  before  which  the  trial  shall 
be  had  may,  in  its  discretion,  discharge  the  jury,  and  commit  or  bail 
the  accused  for  trial  at  the  next  term  of  such  court. 

vSec.  11.  That  all  persons  shall  be  bailable  by  sufficient  sureties, 
exce])t  for  capital  offences,  when  the  proof  is  evident  or  the  presump- 
tion great ;  and  the  privilege  of  the  writ  of  habeas  corpus  can  not  be 
suspended,  unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

Sec.  12.  That  excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

Sec.  13.  That  the  people  ought  to  be  secure  in  their  persons,  papers, 
houses,  and  effects  from  unreasonable  searches  and  seizures;  and  no 
warrant  to  search  any  place,  or  to  seize  any  person  or  thing,  can  issue 
without  describing  the  place  to  be  searched,  or  the  person  or  thing  to 
be  seized,  as  nearly  as  may  be,  nor  without  probal)]e  cause,  supported 
by  oath  or  affirmation. 


2164  Missouri— 1820 

Sec.  14.  That  no  person  can.  for  an  indictable  offence,  be  proceeded 
against  criminally,  by  information,  except  in  cases  arising  in  the  land 
or  naval  forces,  or  in  the  militia  when  in  actual  service,  in  time  of 
war  or  public  danger,  or  by  leave  of  the  court,  for  oppression  or 
misdemeanor  in  office. 

Sec.  15.  That  treason  against  the  State  can  consist  only  in  levying 
war  against  it.  or  in  adhering  to  its  enemies,  giving  them  aid  and 
comfort :  that  no  person  can  be  convicted  of  treason  unless  on  the  tes- 
timony of  tAvo  witnesses  to  the  same  overt  act.  or  on  his  own  con- 
fession in  open  court ;  that  no  person  can  be  attainted  of  treason  or 
felony  by  the  general  assembly ;  that  no  conviction  can  work  corrup- 
tion of  blood,  or  forfeiture  of  estate ;  that  the  estates  of  such  persons 
as  may  destroy  their  OAvn  lives  shall  descend  or  vest  as  in  cases  of 
natural  death;  and  when  any  person  shall  be  killed  by  casualty,  there 
ought  to  be  no  forfeiture  by  reason  thereof. 

Sec.  16.  That  the  free  communication  of  thoughts  and  opinions  is 
one  of  the  invaluable  rights  of  man,  and  that  every  person  may  freely 
speak,  write,  and  print  on  any  subject,  being  responsible  for  the  abuse 
of  that  liberty;  that  in  all  prosecutions  for  libels  the  truth  thereof 
may  be  given  in  evidence,  and  the  jury  may  determine  the  law  and 
the  facts,  under  the  direction  of  the  court. 

Sec.  17.  That  no  ex  post  facto  law,  nor  law  impairing  the  obliga- 
tion of  contracts,  or  retrospective  in  its  operations,  can  be  passed ;  nor 
can  the  person  of  a.  debtor  be  imprisoned  for  debt  after  he  shall  have 
surrendered  his  property  for  the  benefit  of  his  creditors  in  such 
manner  as  may  be  prescribed  by  law. 

Sec.  18.  That  no  person  who  is  religiously  scrupulous  of  bearing 
arms  can  be  compelled  to  do  so,  but  may  be  compelled  to  pay  an 
equivalent  for  military  service,  in  such  manner  as  shall  be  prescribed 
by  law ;  and  that  no  priest,  preacher  of  the  gospel,  or  teacher  of  any 
religious  persuasion  or  sect,  regularly  ordained  as  such,  be  subject 
to  militia  duty,  or  compelled  to  bear  arms. 

Sec.  10.  That  all  property,  subject  to  taxation  in  this  State,  shall 
be  taxed  in  proportion  to  its  value. 

Sec.  20.  That  no  title  of  nobility,  hereditary  emolument,  privilege, 
or  distinction  shall  be  granted  nor  any  office  created,  the  duration  of 
which  shall  be  longer  than  the  good  behavior  of  the  officer  appointed 
to  fill  the  same. 

Sec.  21.  That  emigration  from  this  State  can  not  be  prohibited. 

Sec.  22.  That  the  military  is,  and  in  all  cases  and  at  all  times  shall 
be,  in  strict  subordination  to  the  civil  power;  that  no  soldier  can,  in 
time  of  peace,  be  quartered  in  any  house  without  the  consent  of  the 
owner  nor  in  time  of  war  but  in  such  manner  as  may  be  prescribed  by 
law;  nor  can  any  appropriation  for  the  support  of  an  army  be  made 
for  a  longer  period  than  two  years. 

Schedule 

Section  1.  That  no  inconvenience  may  arise  from  the  change  of 
government,  we  declare,  that  all  writs,  actions,  prosecutions,  judg- 
ments, claims,  and  contracts  of  individuals  and  of  bodies-corporate 
shall  continue  as  if  no  change  had  taken  place;  and  all  process  which 
may,  before  the  third  Monday  in  September  next,  be  issued  under 


Missouri~lS20  21  Of) 

the  antlioritv  of  llie  Territory   ol"  Missomi   shall  Ik*  as  valid   as  if 
issued  in  the  name  of  the  State. 

Sec.  2.  All  laws  now  in  force  in  the  Territory  of  Missouri,  \\hie!i 
are  not  repugnant  to  this  constitution,  shall  remain  in  force  until  they 
expire  by  their  own  limitations,  or  be  altered  or  i-ei)ealed  by  the 
general  assembly. 

Sec.  3.  All  tines,  penalties,  forfeitures,  and  escheats,  accruing  to 
the  Territory  of  Missouri,  shall  accrue  to  the  use  of  the  State. 

Sec.  4.  All  recognizances  heretofore  taken,  or  which  may  be  taken 
before  the  third  Monday  in  Sej)teniber  next,  shall  remain  valid,  aiul 
shall  pass  over  to  and  may  be  prosecuted  in  the  name  of  the  State; 
and  all  bonds  executed  to  the  governor  of  the  Territory,  or  to  any 
other  officer  or  court,  in  his  official  capacity,  shall  pass  over  to  the 
governor,  or  other  proper  State  authority,  and  to  theii'  successors  in 
office,  for  the  uses  therein  respectively  expressed,  and  may  be  sued  for 
and  recovered  accordingly.  All  criminal  i)rosecutions  and  ])enal 
actions  which  have  arisen,  or  which  may  arise  before  the  third  Mon- 
day in  September  next,  and  which  shall  then  be  dei)ending,  shall  be 
prosecuted  to  judgment  and  execution  in  the  name  of  the  State.  All 
actions  at  law  which  now  are,  or  which,  on  the  third  Monday  in 
September  next,  may  be  depending  in  any  of  the  courts  of  record  in 
the  Territory  of  Missouri  may  be  connnenced  in  or  transferred  to  any 
court  of  record  of  the  State  Avhich  shall  have  jurisdiction  of  the  sub- 
ject-matter thereof;  and  all  suits  in  equity  may,  in  like  manner,  be 
commenced  in  or  transferred  to  the  court  of  chancery. 

Sec.  5.  All  officers,  civil  and  militaiy,  now  holding  connnissions 
under  the  authority  of  the  United  Stivtes,  or  of  the  Territory  of  Mis- 
souri, shall  continue  to  hold  and  exercise  theii-  res|)ective  offices  until 
they  shall  be  superseded  under  the  authority  of  the  State;  and  all 
such  officers  holding  commissions  under  the  authority  of  the  Territory 
of  Missouri  shall  receive  the  same  compensation  which  they  hitherto 
received,  in  proportion  to  the  time  they  shall  be  so  emphn'ed. 

Sec.  (■>.  The  first  meeting  of  the  general  assembly  shall  be  at  Saint 
Louis,  with  power  to  adjourn  to  any  other  j)lace;  and  the  genei-al 
assembly,  at  the  hrst  session  thereof,  shall  fix  the  seat  of  government 
until  the  first  day  of  October,  eighteen  hundred  and  twenty-six:  and 
the  first  session  of  the  general  assembly  shall  have  power  to  fix  the 
compensation  of  the  members  thereof;  anything  in  the  constitution 
to  the  contrary  notwithstanding. 

■  Sec.  7.  Until  the  first  enumeration  shall  be  made,  as  directed  in 
this  constitution,  the  county  of  Howard  shall  be  entitled  to  eight 
representatives,  the  county  of  Cooper  to  four  representatives,  the 
county  of  Montgomery  to  two  i-ejjresentatives,  the  county  of  I^incoln 
to  one  representative,  the  county  of  Pike  to  tAvo  rei)resentatives.  the 
county  of  Saint  Charles  to  three  representatives,  the  county  of  Saint 
Louis  to  six  representatives,  the  county  of  Franklin  to  two  represent- 
atives, the  county  of  Jefi'erson  to  one  representative,  the  county  of 
Washington  to  two  representatives,  the  county  of  Saint  Genevieve 
to  four  i-ejH'esentatives,  the  county  of  Cape  Girardeau  to  four  repre- 
sentatives, the  county  of  New  Madrid  to  two  repivsentatives,  the 
county  of  Madison  to  one  representative,  the  county  of  Wayne  to  one 
representative,  and  that  part  of  tlie  county  of  Saint  Lawi-ence  situ- 
ated within  this  State,  shall  attach  to  and  form  pait   of  the  c(.Miity 


216G  Missouri— 1820 

of  Wayne  until  otherAvise  provided, by  law,  and  the  sheriff'  of  the 
county -of  Wayne  shall  appoint  the  judges  of  the  first  election,  and 
the  place  of  holding  the  same,  in  the  part  thus  attached;  and  any 
person  who  shall  have  resided  within  the  limits  of  this  State  five 
months  previous  to  the  adoption  of  this  constitution,  and  who  shall 
be  otherwise  qualified  as  prescribed  in  the  third  section  of  the  third 
article  thereof,  shall  be  eligible  to  the  house  of  representatives,  any- 
thing in  this  constitution  to  the  contrary  notwithstanding. 

Sec.  8.  For  the  first  election  of  senators,  the  State  shall  be  divided 
into  districts,  and  the  apportionment  shall  be  as  follows,  that  is  to 
sa3%  the  counties  of  Howard  and  Cooper  shall  compose  one  district 
and  elect  four  senators,  the  counties  of  Montgomery  and  Franklin 
shall  compose  one  district  and  elect  one  senator,  the  county  of  Saint 
Charles  shall  compose  one  district  and  elect  one  senator,  the  counties 
of  Lincoln  and  Pike  shall  compose  one  district  and  elect  one  senator, 
the  county  of  Saint  Louis  shall  compose  one  district  and  elect  two 
senators,  the  counties  of  Washington  and  Jefferson  shall  compose  one 
district  and  elect  one  senator,  the  county  of  Saint  Genevieve  shall 
compose  one  district  and  elect,  one  senator,  the  counties  of  Madison 
and  Wayne  shall  compose  one  district  and  elect  one  senator,  the  coun- 
ties of  Ca})e  Girardeau  and  New  Madrid  shall  compose  one  district 
and  elect  two  senators;  and  in  all  cases  where  a  senatorial  district 
consists  of  more  than  one  county,  it  shall  be  the  duty  of  the  clerk  of 
the  county  second  named  in  that  district  to  certif}^  the  returns  of  the 
senatorial  election  within  their  proper  county  to  the  clerk  of  the 
county  first  named,  within  five  daj^s  after  he  shall  have  received  the 
same;  and  any  person  who  shall  have  resided  within  the  limits  of 
this  State  five  months  ]:)revions  to  the  adoption  of  this  constitution, 
and  who  shall  be  otherwise  qualified  as  prescribed  in  the  hfth  section 
of  the  third  article  thereof,  shall  be  eligible  to  the  senate  of  this 
State,  anything  in  this  constitution  to  the  contrary  notwithstanding. 

Sec.  9.  The  president  of  the  convention  shall  issue  writs  of  election 
to  the  sheriffs  of  the  several  counties,  or  in  case  of  vacancy  to  the 
coroners,  requiring  them  to  cause  an  election  to  be  held  on  the  fourth 
Monday  in  August  next,  for  a  governor,  a  lieutenant-governor,  a 
Representative  in  the  Congress  of  the  United  States,  for  the  residue 
of  the  Sixteenth  Congress,  a  Representative  for  the  Seventeenth  Con- 
gress, senators  and  representatives  for  the  general  assembly,  sheriffs 
and  coroners,  and  the  returns  of  all  township  elections,  held  in  pur- 
suance thereof,  shall  be  made  to  the  clerks  of  the  proper  county 
within  five  days  after  the  day  of  election;  and  any  person  who  shall 
reside  within  the  limits  of  this  State  at  the  time  of  the  adoption  of 
this  constitution,  and  who  shall  be  otherwise  qualified  as  prescribed 
in  the  tenth  section  of  the  third  article  thereof,  shall  be  deemed  a 
qualified  elector,  anything  in  this  constitution  to  the  contrary  not- 
withstanding. 

Sec.  10.  The  elections  shall  be  conducted  according  to  the  existing 
laws  of  the  Missouri  Territory.  The  clerks  of  the  circuit  courts  of 
the  several  counties  shall  certify  the  returns  of  the  election  of  gov- 
ernor and  lieutenant-governor,  and  transmit  the  same  to  the  speaker 
of  the  house  of  representatives,  at  the  temporary  seat  of  government, 
in  such  time  that  they  may  be  received  on  the  third  Monday  of 
September  next.     As  soon  as  the  general  assembly  shall  be  organized, 


Missouri— 1820  2167 

the  speaker  of  the  house  of  rei^-esentatives,  and  the  president  ;;;v) 
tempore  of  the  senate,  shall,  in  the  presence  of  both  houses,  examine 
the  returns,  and  declare  who  are  duly  elected  to  fill  those  offices;  and 
if  any  two  or  more  persons  shall  have  an  equal  number  of  votes,  and 
a  higher  number  than  any  other  person,  the  general  assembly  shall 
determine  the  election  in  the  manner  hereinbefore  provided;  and  the 
returns  of  the  election  for  member  of  Congress  shall  be  made  to  the 
secretary  of  the  State  within  thirty  days  after  the  day  of  election. 

Sec.  11.  The  oaths  of  office,  herein  directed  to  be  taken,  may  be 
administered  by  any  judge  or  justice  of  the  peace,  until  the  general 
assembly  shall  otherwise  direct. 

Sec.  12.  Until  a  seal  of  the  State  be  provided,  the  governor  may 
use  his  private  seal. 

Davu)  I>artox.  President. 

Wm.  G.  Pettus,  Secretary.  * 


ORDINANCE 

An  Ordinanr-e  declaring  the  assent  of  the  people  of  the  State  of  Missouri,  by 
their  representatives  in  convention  assembled,  to  certain  conditions  and  i)rovi- 
sions  in  the  act  of  Congress  on  the  sixth  of  March,  one  thousand  eight 
hundred  and  twenty,  entitled  "An  act  to  authorize  the  people  of  Missouri 
Territory  to  fonn  a  constitution  and  State  government,  and  for  the  admission 
of  such  State  into  the  Union  on  aw  equal  footing  with  the  original  States, 
and  to  prohibit  slavery  in  certain  Territories 

Whereas  the  act  of  Congress  of  the  United  States  of  America,  ap- 
proved March  the  sixth,  one  thousand  eight  liundr(Ml  and  twenty, 
i:'ntitled  "An  act  to  authorize  the  people  of  Missouri  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,  and  to  prohibit  slavery  in  certain  Territories,"  contains  cer- 
tain requisitions  and  provisions,  and,  among  other  things,  has  offered 
to  this  convention,  when  formed,  for  and  in  behalf  of  the  people 
inhabiting  tliis  State,  for  tlieir  free  acceptance  or  rejection,  the  five 
following  propositions,  and  which,  if  accepted  by  this  convention  in 
behalf  of  the  people  as  aforesaid,  are  to  be  obligatory  on  the  United 
States,  viz : 

"  1st.  That  section  numbered  sixteen  in  every  town.ship,  and  when 
such  section  has  been  sold  or  otherwise  disposed  of,  other  lands 
ecpiivalent  thereto,  and  as  contiguous  as  may  be,  shall  be  granted 
to  the  State,  for  the  use  of  the  inhabitants  of  such  to\vnshi])."f()i'  the 
use  of  schools. 

'"2d.  That  all  salt-springs,  not  exceeding  twelve  in  number,  with 
six  sections  of  land  adjoining  to  each,  shall  be  granted  to  the  said 
State  for  the  use  of  the  saicl  State,  the  same  to  be  selected  by  the 
legislature  of  said  State,  on  or  before  the  first  day  of  January,  in  the 
year  one  thousand  eight  hundred  and  tAventy-five ;  and  the  same, 
when  so  selected,  to  be  used  under  such  terms,  conditions,  and  regu- 
lations as  the  legislature  of  said  State  .shall  direct :  ProrUJed.  That  no 
salt-spring,  the  right  whereof  now  is,  or  hereafter  shall  be,  confirmed 
or  adjudged  to  any  individual  or  individuals  shall  by  this  section 
be  granted  to  said   State:  And  provided  cdso,  That  the  legislature 


2168  Mismun—]Sm 

shall  never  sell  nor  lease  the  same,  at  any  one  time,  for  a  lono^ei- 
]:)eriod  than  ten  years,  withont  the  consent  of  Congress. 

"  3d.  That  5  per  cent,  of  the  net  proceeds  of  the  sale  of  lands  lying 
within  said  Territory  or  State,  and  "which  shall  be  sold  b}^  Congress, 
from  and  after  the  first  day  of  January  next,  after  deducting  all  ex- 
pense 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  State,  under  the  direction  of  the  legislature  thereof,  and  the  other 
two-fifths  in  defraying,  under  the  direction  of  Congress,  the  expenses 
to  be  incurred  in  making  of  a  road  or  roads,  canal  or  canals,  leading 
to  the  said  State. 

"  4th.  That  four  entire  sections  of  land  be,  and  the  same  are  hereby, 
granted  to  the  said  State,  for  the  purpose  of  fixing  their  seat  of 
government  thereon;  which  said  sections  shall,  under  the  direction 
of  the  legislature  of  said  State,  be  located,  as  near  as  may  be,  in  one 
body,  at  any  time,  in  such  townships  and  ranges  as  the  legislature 
aforesaid  may  select,  on  any  of  the  public  lands  of  the  United  States: 
Provided,  That  such  location  shall  be  made  prior  to  the  public  sale 
of  the  lands  of  the  United  States  surrounding  such  location. 

'"  5th.  That  thirty-six  sections,  or  one  entire  township,  which  shall 
be  designated  by  the  President  of  the  United  States,  together  with 
the  other  lands  heretofore  reserved  for  that  purpose,  shall  be  reserA^ed 
for  the  use  of  a  seminary  of  learning,  and  vested  in  the  legislature  of 
said  State,  to  be  appropriated,  solely  for  the  use  of  such  seminary, 
by  the  legislature:  " 

Xow,  this  convention,  for  and  in  behalf  of  the  people  inhabiting 
this  State,  and  by  the  authority  of  the  said  people,  do  accept  the  five 
before-recited  propositions,  offered  by  the  act  of  Congress  under 
which  they  are  assembled ;  and,  in  pursuance  of  the  conditions, 
requisitions,  and  other  provisions  in  the  before-recited  act  of  Con- 
gress contained,  this  convention,  for  and  in  behalf  of  the  people 
inhabiting  this  State,  do  ordain,  agree,  and  declare  that  every  and 
each  tract  of  land  sold  by  the  United  States,  from  and  after  the  first 
day  of  January  next,  shall  remain  exempt  from  any  tax  laid  by 
order  or  under  the  authority  of  the  State,  Avhether  for  State,  county, 
or  township,  or  any  other  purpose  whatever,  for  the  term  of  five 
years  from  and  after  the  respective  days  of  sale  thereof.  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,  as  aforesaid,  from  taxa- 
tion, for  the  term  of  three  years  from  and  after  the  date  of  the  pat- 
ents, respect ivelj^;  Provided,  nevertheless,  That  if  the  Congress  of 
the  United  States  shall  consent  to  repeal  and  revoke  the  following 
clause  in  the  fifth  proposition  of  the  sixth  section  of  the  act  of  Con- 
gress before  recited,  and  in  these  Avords,  viz :  ""  That  CA^ery  and  each 
tract  of  land  sold  by  the  United  States,  from  and  after  the  first  day 
of  January  next,  shall  remain  exemi:)t  from  any  tax,  laid  by  order 
or  under  the  authority  of  the  State,  Avhether  for  State,  county,  or 
toAvnship,  or  any  other  purpose  Avhatever,  for  the  term  of  five  years 
from  and  after  the  day  of  sale,  and  further  '' — that  this  conA^ention, 
for  and  in  behalf  of  the  people  of  the  State  of  Missouri,  do  hereby 
ordain,  consent,  and  agree  that  the  same  be  so  reA'oked  and  repealed; 
without  Avhich  consent  of  the  Congress  as  aforesaid,  the  said  clause 


Missouri— 1820  2169 

to  leinain  in  full  force  and  operation  as  first  above  provided  for  in 
this  ordinance;  and  this  convention  doth  hereby  request  the  Con- 
gress of  the  United  States  so  to  modify  their  third  proposition  that 
the  whole  amount  of  5  per  cent,  on  the  sale  of  public  lands  thei-ain 
offered  may  be  applied  to  the  construction  of  roads  and  canals,  and 
the  promotion  of  education  ^vithin  this  State,  under  the  direction  of 
the  legislature  thereof.  And  this  convention,  for  and  in  behalf  of 
the  people  inhabiting  this  State,  and  by  the  authority  of  the  said 
people,  do  further  ordain,  agree,  and  declare  that  this  ordinance  shall 
be  irrevocable,  without  the  consent  of  the  United  States. 

Done  in  convention,  at  Saint  Louis,  in  the  State  of  Missouri,  this 
nineteenth  day  of  July,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  twenty,  and  of  the  Independence  of  the  United  States 
of  America  the  forty-fifth. 

By  order  of  the  convention  : 

Davjd  Baktox,  Proiidcnt. 

AV,M.  (i.  Vvnrv^,  Secretar'y. 

AMENDMENTS  TO  THE  CONSTITUTION  OF  1820' 

(Kiititicd  ISL'iii 

Article  T.  Section  1.  The  office  of  chancellor  is  hereby  abolished, 
and  the  suj^reme  courts  and  circuit  courts  shall  exercise  chancery 
jurisdiction,  in  such  manner  and  under  such  restrictions  as  shall  be 
prescribed  by  law. 

Sec.  2.  The  judicial  power,  as  to  matters  of  law  and  equity,  shall  be 
vested  in  a  supreme  court,  in  circuit  courts,  and  in  such  inferior 
tribunals  as  the  general  assembly  may,  from  time  to  time,  ordain  and 
establish:  Pror'ided,  The  general  assembly  nuiy  establish  a  court  or 
courts  of  chancery,  and,  from  time  to  time,  prescribe  the  jurisdiction. 
l)owers,  and  duties  thereof. 

Sec.  3.  The  judges  of  the  supreme  court,  and  the  judges  of  the  cir- 
cuit courts,  and  chancellor  shall,  at  stated  times,  receive  a  compensa- 
tion for  their  services,  to  be  fixed  by  law. 

Sec.  4.  Xo  person  holding  an  office  of  profit  under  the  United 
States,  and  commissioned  by  the  President,  shall,  during  his  continu- 
ance in  such  office,  be  eligil)le,  ap])ointed  to,  hold,  or  exercise  any  office 
of  profit  under  this  State. 

Sec.  5.  So  much  of  the  thirteenth  section  of  the  fourth  article  of 
the  constitution  of  this  State  as  provides  that  the  compiMisatioii  of  the 
governor  shall  never  be  less  than  two  thousand  dollars  annually,  shall 
be  repealed. 

Sec.  6.  So  much  of  the  thirteenth  section  of  the  fifth  article  of  the 
constitution  of  this  State  as  provides  that  the  comj^ensation  of  the 
judges  of  the  sujneme  and  circuit  courts,  and  chancellor,  shall  never 
be  less  than  two  thousand  dollai's  annually,  shall  l)e  i'e])eale(l. 

Sec.  7.  The  offices  of  the  judges  of  the  supreme  court,  and  of  the 
judges  of  the  circuit  courts,  shall  expire  at  the  end  of  the  first  session 

"The  aiuenflments  to  tlie  constitution  of  1820,  adopted  i)rior  to,  and  in  1801. 
were  framed  by  the  lejiislature.  in  nccordance  with  Article  XII.  The  otliers 
were  framed  hy  ;i  State  convention  v.-hich  met  Febrnary  "28.  1801,  and,  after 
repeated  adjournments,  comph'ted  its  labors  ,Iuly  1,  18():{. 


2170  Missouri— 1820 

of  the  next  general  assembly  of  this  State,  or  as  soon  as  their  succes- 
sors are,  respectively,  elected  and  qualified. 

(Ratified  1834-35) 

Art.  II.  Section  1.  That  the  offices  of  the  several  judges  of  the 
circuit  courts  within  this  State  shall  be  vacated  on  the  1st  day  of 
January,  1836. 

Sec.  2.  That  so  much  of  the  fifteenth  section  of  the  fifth  article  of 
the  constitution  of  this  State  as  provides  that  the  courts,  respectively, 
shall  appoint  their  clerks,  and  that  they  shall  hold  their  offices  during 
good  behavior,  shall  be,  and  the  same  is  hereby,  abolished. 

Sec.  3.  That  the  offices  of  the  clerks  of  the  several  courts  within 
this  State  shall  be  vacated  on  the  first  day  of  January,  one  thousand 
eight  hundred  and  thirty-six ;  and  the  clerks  of  the  circuit  and  county 
courts  of  the  respective  counties  shall  be  elected  by  the  qualified  elect- 
ors of  their  respective  counties,  and  shall  hold  their  offices  for  the 
term  of  six  years,  and  until  their  successors  are  duly  elected,  commis- 
sioned, and  qualified. 

Sec.  4.  That  the  boundary  of  the  State  be  so  altered  and  extended 
as  to  include  all  that  tract  of  land  lying  on  the  north  side  of  the  Mis- 
souri River,  and  west  of  the  present  boundary  of  this  State,  so  that 
the  same  shall  be  bounded  on  the  south  by  the  middle  of  the  main 
channel  of  the  Missouri  River,  and  on  the  north  by  the  present  north- 
ern boundary-line  of  the  State,  as  established  by  the  constitution, 
when  the  same  is  continued  in  a  right  line  to  the  west,  or  to  include  so 
much  of  said  tract  of  land  as  Congress  may  assent. 

(Ratified  1848-49) 

Art.  III.  The  house  of  representatives  shall  consist  of  members  to 
be  chosen  every  second  year,  by  the  qualified  electors  of  the  several 
counties,  apportioned  in  the  following  manner,  to  wit :  The  ratio  of 
representation  shall  be  ascertained  at  each  apportioning  session  of  the 
legislature  by  dividing  the  whole  number  of  jDermanent  free  white 
inhabitants  of  the  State  by  the  number  of  one  hundred  and  forty: 
each  county  having  said  ratio,  or  less,  shall  be  entitled  to  one  repre- 
sentative; each  county  having  said  ratio  and  a  fraction  over  equal  to 
three-fourths,  shall  be  entitled  to  two  representatives ;  each  county  hav- 
ing three  times  said  ratio,  shall  be  entitled  to  three  representatives; 
each  county  having  four  times  said  ratio  and  a  fraction  over  equal  to 
(me-half,  shall  be  entitled  to  four  representatives;  each  county  having 
six  times  said  ratio,  shall  be  entitled  to  five  representatives;  each 
county  having  eight  times  said  ratio,  shall  be  entitled  to  six  repre- 
sentatives; each  county  having  ten  times  said  ratio,  shall  be  entitled 
to  seven  representatives;  each  county  having  thirteen  times  said  ratio, 
shall  be  entitled  to  eight  representatives;  each  county  having  fifteen 
times  said  ratio,  shall  be  entitled  to  nine  representatives ;  each  county 
having  eighteen  times  said  ratio  shall  be  entitled  to  ten  representa- 
tives ;  each  county  having  twenty-two  times  said  ratio,  shall  be  enti- 
tled to  eleven  representatiA^es;  each  county  having  twenty-four  times 
said  ratio,  shall  be  entitled  to  twelve  representatives;  any  county  hav- 
ing more  than  twenty-four  times  said  ratio,  shall  be  represented  in 
the  sa  Tie  proportion.     And  the  general  assembly  Avhich  shall  meet  in 


Missouri— 1820  2171 

the  \'ear  eighteen  hundred  and  forty-oight,  and  every  fourth  year 
thereafter,  shall  apportion  the  number  of  representatives  among  the 
several  counties  as  herein  directed.  And  the  members  of  the  general 
assembly  shall  receive,  as  compensation  for  their  services,  not  to  ex- 
ceed three  dollars  per  clay  for  the  first  sixty  days;  and  after  that 
time  not  to  exceed  one  dollar  per  day  for  the  remainder  of  the  session ; 
except  at  a  revising  session,  they  may  receive  a  compensation  not  to 
exceed  three  dollars  j^cr  day  for  the  hrst  one  hundred  days,  and  one 
dollar  ])er  day  for  the  remainder  of  the  session  ;  but  the  general  assem- 
bly may  allow  a  greater  compensation  to  the  presiding  officer  of  each 
house.  Xo  county  now  established  by  law  shall  ever  be  reduced,  by 
the  establishment  of  new  counties,  to  less  than  twenty  miles  square, 
nor  to  less  than  five  hundred  square  miles,  nor  below  the  ratio  of 
representation  then  required:  nor  shall  any  county  be  hereafter  estab- 
lished containing  le^s  than  five  hundred  square  miles;  nor  shall  any 
county  hereafter  established  be. entitled  to  separate  representation, 
unless  the  number  of  ])ermanent  free  Avhite  inhabitants  therein  shall 
at  the  time  be  equal  to  three-fourths  of  the  ratio  of  representation 
then  being,  but  may  be  organized  with  a  smaller  number  for  all  other 
purposes,  civil  and  military.  The  second,  fourth,  twenty-fourth,  and 
thirty-fourth  sections  of  the  third  article  of  the  constitution  are 
hereby  abolished. 

Art.  IV.  The  thirteenth  section  of  the  fifth  article  of  the  constitu- 
tion is  hereby  abolished,  and  the  following  is  adopted  in  lieu  thereof: 

"  The  governor  shall  nominate  and,  by  and  with  the  advice  and 
consent  of  the  senate,  appoint  the  judges  of  the  supreme  court  and 
the  judges  of  the  circuit  courts. 

"  Each  judge  of  the  supreme  court  shall  be  appointed  for  the  term 
of  twelve  years,  and  each  judge  of  the  circuit  courts  shall  be  appointed 
for  the  term  of  eight  years;  and  every  appointment  to  fill  a  vacancy 
shall  be  for  the  residue  of  the  term  only;  but  in  all  cases  the  judge 
shall  continue  in  office  until  a  successor  shall  be  apjiointed  and  (]uaii- 
fied.  The  judges  of  the  supreme  and  circuit  courts  shall  be  eligible 
to  reappointment.  The  offices  of  the  several  supreme  and  circuit 
judges  shall  be  vacated  on  the  first  day  of  ]\Iarch,  eighteen  hundred 
and  fort^'-nine.-" " 

Art.  V.  If  there  be  a  vacancy  in  the  office  of  judge  of  any  circuit, 
or  if  he  be  sick,  absent,  or  from  any  cause  unable  to  hold  any  term  of 
court  of  any  county  of  his  circuit,  such  term  of  court  may  be  held  b\ 
a  judge  of  any  other  circuit;  and,  at  the  request  of  the  judge  of  any 
circuit,  any  term  of  court  in  his  circuit  may  be  held  by  the  judge  of 
any  other  circuit. 

(Ratified  isr/t-ni ) 

Art.  VI.  Sfxtiox  1.  That  hereafter  the  judgesof  the  supreme  court 
shall  be  elected  by  the  qualified  electors  of  the  State;  and  each  shall 
hold  his  office  for  the  term  of  six  years  only,  but  may  continue  in 
office  until  his  successor  shall  be  elected  and  qualified;  and  if  any 
vacancy  shall  happen  in  the  office  of  any  judge  of  the  supreme  couri 
by  death,  resignation,  removal  out   of  the  State,  or  by  any  other 

"This  article  was  abolislied  by  the  .ndoption  of  Artifles  VI  nnd  VII  of  nmend- 
iiieuts. 


2172  Missouri— ISW 

disqualification,  the  govoi'iior  shall,  upou  Ueino-  satisfiod  that  a  \i\- 
(•aiicy  exists,  issue  a  writ  of  election  to  fill  such  vacancy;  1)ut  every 
election  to  fill  a  vacancy  shall  be  for  the  residue  of  the  term  oidy. 
The  general  assembly  shall  provide  by  law  for  the  election  of  said 
judges  by  the  qualified  voters  in  the  State;  and  in  case  of  a  tie, 
or  a  contested  election,  between  the  candidates,  tlie  same  shall  be 
determined  in  the  manner  to  be  prescribed  by  law  ;  and  the  general 
assembly  shall  also  provide  for  an  election  to  fill  any  vacancy  which 
shall  occur  at  any  time  within  twelve  months  preceding  a  general 
election  for  said  judges.  The  first  general  election  for  supreme-court 
judges  shall  be  on  the  first  Monday  in  August,  A.  D.  1851,  and  on  the 
first  Monday  in  August  every  six  years  thereafter.  If  a  vacancy 
shall  occur  in  the  office  of  a  supreme-court  judge,  less  than  twelve 
months  before  a  general  election  for  said  judges,  such  vacancy  shall 
be  filled  by  an  appointment  by  the  governor;  and  the  judge  so  ap- 
pointed shall  hold  his  office  only  until  the  next  general  election  for 
said  judges. 

Sec.  2.  The  offices  of  the  several  supreme-court  judges  shall  be 
vacated  on  the  first  Monday  in  August,  A.  D.  IS^l ;  and  all  parts  of 
the  original  constitution,  or  of  any  amendment  thereto,  inconsistent 
with  or  repugnant  to  this  amendment  are  hereby  abolished. 

Art.  VII.  That  so  much  of  the  thirteenth  section  of  the  fifth  article 
of  the  constitution  of  this  State,  ratified  at  the  present  session  of  the 
general  assembly,  as  provides  that  the  governor  shall  nominate  and, 
by  and  with  the  advice  and  consent  of  the  senate,  appoint  the  judges 
of  the  circuit  courts,  and  that  each  judge  of  the  circuit  courts 
shall  be  appointed  for  the  term  of  eight  years,  and  that  every  ap- 
pointment to  fill  a  vacancy  of  such  judge  shall  be  for  the  residue 
of  the  term  only,  is  hereby  abolished;  and  hereafter  each  judge 
of  the  circuit  courts  shall  be  elected  by  the  qualified  electors  of 
their  respective  circuits,  and  shall  be  elected  for  the  term  of  six 
years,  but  may  continue  in  office  until  his  successor  shall  be  elected 
and  qualified ;  and  if  an}^  vacancy  shall  happen  in  the  office  of  any 
circuit  judge,  by  death,  resignation,  removal  out  of  his  circuit,  or  by 
any  other  disqualification,  the  governor  shall,  upon  being  satisfied 
that-  a  vacancy  exists,  issue  a  writ  of  election  to  fill  such  vacancy: 
Provided^  That  said  vacancy  shall  ha])pen  at  least  six  months  before 
the  next  general  election  for  said  judge;  but  if  such  A^acancy  shall 
happen  within  six  months  of  the  general  election  aforesaid,  the  gov- 
ernor shall  appoint  a  judge  for  such  circuit;  but  every  such  election 
or  appointment. to  fill  a  vacancy  shall  be  for  the  residue  of  the  term 
only.  And  the  general  assembly  shall  provide  by  law  for  the  election 
of  said  judges  in  their  respective  circuits;  and  in  case  of  a  tie  or  con- 
tested election  between  the  candidates,  the  same  shall  be  determined 
in  the  manner  to  be  prescribed  by  law.  And  the  general  assembly 
shall  provide  by  law^  for  the  election  of  said  judges  in  their  respective 
circuits,  to  fill  any  vacancy  which  shall  occur  at  any  time  at  least  six 
months  before  a  general  election  for  said  judges.  The  first  general 
election  for  circuit  judges  shall  be  on  the  first  Monday  in  August, 
A.  D.  1851,  and  on  the  first  Monday  in  August  every  six  years  there- 
after. No  judicial  circuit  shall  be  altered  or  changed  at  any  session 
of  the  general  assembly  next  preceding  the  general  election  for  said 
judges.  The  offices  of  the  several  circuit  judges  shall  be  vacated  on 
the  first  Monday  in  August,  A.  D.  1851. 


Missouri— 18W  2173 

Art.  VIII.  Section  1.  That  the  twenty-first  section  of  the  fourth 
article  of  the  Constitution  of  the  State  of  Missouri  be,  and  the  same 
is  hereby,  abolished. 

Sec.  2.  There  shall  be  a  secretary  of  state,  who  shall  be  elected  by 
the  qualified  voters  of  this  State,  at  such  time  and  in  such  manner  as 
shall  be  provided  by  law.  He  shall  hold  his  office  for  four  years, 
unless  sooner  removed  by  an  impeachment.  He  shall  keep  a  register 
of  the  official  acts  of  the  g-overnor.  and.  when  necessary,  shall  attest 
them,  and  he  shall  lay  the  same,  together  with  all  papers  relating 
thereto,  before  either  house  of  the  general  assembly,  whenever 
required  so  to  do,  and  shall  perform  such  other  duties  as  may  be 
enjoined  on  him  by  law. 

Sec.  3.  The  eighteenth  section  of  the  fifth  article  of  the  constitution 
of  the  State  of  Missouri  is  hereby  abolished. 

Sec.  4.  There  shall  be  an  attorney-general,  who  shall  be  elected  by 
the  qualified  voters  of  this  State,'  at  such  times  and  in  such  manner  as 
shall  be  provided  by  law.  He  shall  remain  in  office  four  years,  and 
shall  perform  such  duties  as  shall  be  required  of  him  by  law. 

Sec.  5.  The  twelfth  section  of  the  fourth  article  of  thef  constitution 
of  this  State  is  hereby  abolished. 

Sec.  T).  There  shall  be  an  auditor  of  public  accounts,  who  shall  be 
elected  by  the  qualified  voters  of  this  State,  at  such  times  and  in  such 
manner  as  shall  be  provided  by  law.  He  shall  remain  in  office  four 
years,  and  shall  perform  such  duties  as  shall  be  required  of  him  b}'' 
law.     His  office  shall  be  kept  at  the  seat  of  government. 

Sec.  7.  The  thirty-first  section  of  the  third  article  of  the  constitu- 
tion of  this  State  is  hereby  abolished. 

Sec.  8.  A  State  treasurer  shall  be  elected  by  the  qualified  voters  of 
this  State,  at  such  times  and  in  such  manner  as  shall  be  i)rovided  by 
law.  who  shall  continue  in  office  for  four  years,  and  who  shall  keep 
his  office  at  the  seat  of  government.  Xo  money  shall  be  drawn  from 
the  treasury  l)ut  in  consequence  of  appropriations  made  by  law,  and 
an  accurate  account  of  the  receipts  and  expenditures  of  the  public 
money  shall  annually  be  published. 

Sec.  9.  There  shall  be  a  register  of  lands  elected  by  the  qualified 
voters  of  this  State,  at  such  time  and  in  such  manner  as  shall  be  pro- 
vided by  law.  He  shall  hold  his  office  for  four  years,  shall  keep  his 
office  at  the  seat  of  government,  and  shall  ])erform  such  duties  as 
shall  be  recjuired  of  him  by  law. 

(Ratified  1852-.">8) 

Art.  TX.  The  legislature  shall  have  no  power  to  grant  divorces,  but 
may  authorize  the  courts  of  justice  to  grant  them,  for  such  causes  as 
may  be  specified  by  law :  Pi'o/nded,  That  such  laws  be  general  and 
uniform  in  their  operation  throughout  the  State. 

(Uiititiod   IS.")-!-.")) 

Art.  X.  That  all  that  territory  now  known  as  the  county  of 
Schuyler  is  ]iei'el)y  declared  to  coustitute  a  coustitntional  county,  and, 
as  such,  shall  be  entitled  to  all  the  privileges,  civil  and  political,  which 
now  belong  to  any  coinUy  within  the  State  of  Missouri. 

Article  eight  of  the  constitution  of  the  State  of  Missouri,  respecting 
banks,  be,  and  the  same  is  hereby,  abolished,  and  the  following  sub- 
stituted in  lieu  thereof: 


2174  Missouri— 1861— 1863 

"Art.  VIII.  The  general  assembly  shall  have  power  to  establish 
such  bank  or  banks  as  may  be  deemed  necessary  for  the  interests  of 
the  State ;  but  every  bank  so  established  shall  be  based  upon  a  specie 
capital,  and  made  liable  to  redeem  its  issues  in  gold  or  silver:  Pro- 
vided, That  the  number  of  banks  chartered  shall  never  exceed  ten, 
and  the  aggregate  amount  of  capital  shall  never  exceed  twenty  mil- 
lions of  dollars." 

(Ratified  1859) 

The  public  debt  of  this  State,  created  by  the  issue  of  bonds  or  other 
State  securities,  or  by  incurring  any  State  liability  wdiatever,  for  the 
prosecution  of  internal  improvements,  or  for  any  other  purpose,  shall 
never  exceed  the  sum  of  thirty  millions  of  dollars;  and  the  legisla- 
ture shall  have  no  power  to  create  any  State  liability  beyond  this 
amount,  except  to  repel  invasion,  or  to  suppress  insurrection  or  civil 

war. 

(Ratified  1861) 

The  general  assembly  shall  have  power  to  establish  a  county,  con- 
sisting of  alLthat  territory  lying  within  the  following  limits,  wdiich 
shall  possess  and  enjoy  all  the  powers  and  privileges  of  any  county 
now  established,  anything  in  the  third  article  of  amendments  to  the 
constitution  to  the  contrary  notwithstanding;  namely,  the  territory 
lying  between  the  northern  boundary  of  Gentry  County  proper  and 
the  northern  boundary  of  the  State  of  Missouri,  and  between  the 
former  western  boundary  of  said  State  and  the  line  dividing  ranges 
tAventy-nine  and  thirty  west  of  the  fifth  principal  meridian. 

ORDINANCES  OF  THE  CONVENTION  OF  MISSOURI— 1861-'63  *  « 

AMENDING    THE    CONSTITUTION    OF    1820 

The  people  of  the  State  of  Missouri,  hy  their  delegates  in  conten- 
tion assembled,  do  oirlain  as  follows : 

First.  That  the  offices  of  governor,  lieutenant-governor,  secretary 
of  state,  and  members  of  the  general  assembly  be,  and  the  same  are 
hereby,  vacated. 

*  Journal  and  Proceedings  of  the  Missouri  State  Convention  Held  at  .Jefferson 
City  and  St.  Louis,  March,  1861.  St.  Louis :  George  Knapp  &  Co..  Printers  and 
Binders.  1861.     pp.  C.5.     pp.  269. 

Also,  .Journal  of  the  ^Missouri  State  Con\ention  IJeld  at  .Jefferson  City.  July, 

1861.  St.  Louis:  George  Ivnapp  &  Co..  Printers  and  Binders.  1S()1.     pp.  136. 
Journal  of  the  Missouri    State  Convention   Held   at   the  City   of   St.   Louis, 

October,  1861.  St.  I^ouis :  George  Ivnapp  &  Co.,  Printers  and  Binders,  1861. 
pp.  111. 

Journal  of  the  ^Missouri  State  Convention,  held  in  Jefferson  City,  June  1862. 
St.  Ijouis :  George  Ivnapp  and  Co..  Printers  and  Binders.     1862.     pp.  o2. 

Proceedings  of  the  Missouri   State  Convention,  held  in  Jefferson  City.  June 

1862.  St.  Louis :  Geoi^e  Knapp  &  Co.,  Printers  and  Binders.     18(52.     pp.  2.53. 
Journal  of  the  Missouri  State  Convention  Held  in  Jefferson  City,  June.  1863. 

St.  Louis :  George  Knapp  &  Co..  Printers  and  Binders,  1863.  pp.  54.  Appendix, 
pp.  16. 

Proceedings  of  the  State  Convention  Held  in  Jefferson  City  June,  1863.  St. 
Louis :  George  Knapp  &  Co..  Printers  and  Binders,  1863.     pp.  380. 

a  These  ordinances  were  passed  by  a  regularly-convened  State  convention 
which  assembled  at  Jefferson  City  February  28.  1861.  and  adjourned  March  22. 
1861  ;  reasseniiiled  July  22.  1861.  and  adjourned  July  31  ;  reassembled  October 
10,  1861.  and  adjourned  October  18;  reassemlded  June  2.  1862.  and  adjourned 
June  14;  reassembled  June  15,  1863,  and  adjourned  sine  die  July  1.  1863. 


Missouri— 1861— 1863  2175 

Seeand.  A  governor,  lieuleiiant-goveruor,  and  secretary  of  state 
shall  be  appointed  by  this  convention  to  discharge  the  duties  and 
exercise  the  powers  which  pertain  to  their  respective  offices  by  the 
existing  laws  of  the  State,  and  to  continue  in  office  until  the  first 
Monday  of  Xovember,  1861,  and  until  their  successors  are  elected 
and  qualified,  or  until  the  qualified  voters,  as  hereinafter  provided, 
disapprove  the  action  of  this  convention. 

Third.  On  the  first  Monday  of  November,  18()i,  a  governor,  lieu- 
tenant-governor, and  secretary  of  state,  and  members  of  the  general 
assembly,  shall  be  elected  by  the  qualified  voters  of  this  State,  to  hold 
their  offices  during  the  term  for  which  the  present  incumbents  of  said 
offices  Avere  elected. 

Fovrtli.  The  elections  provided  to  be  held  by  this  ordinance  on  the 
first  Monday  of  November,  1801,  shall  be  conducted  in  the  same  man- 
ner in  all  respects  as  is  now  provided  by  the  election  laws  of*  this 
State  now  in  force,  and  shall  be  held  l)y  the  qualified  voters  of  the 
State,  at  the  same  place  in  the  election  precincts  now  established  by 
law  where  the  elections  were  held  for  delegates  to  this  convention  on 
the  ISth  day  of  February  last;  and  in  case  any  clerk  shall  fail  to  make 
out  the  proper  poll-books,  or  in  case  any  sheriff  shall  fail  to  deliver 
the  same  to  the  judges  of  election,  then  the  clerks  of  the  election  may 
proceed  to  make  out  such  poll-books. 

Fifth.  In  case  the  clerks  of  the  several  courts,  whose  duty  it  is  as 
now  ])rovided  by  law  to  certify  and  send  up  to  the  secretary  of  state 
an  abstract  of  the  votes  given  at  such  elect ioji,  or  in  case  there  should 
be  a  failure  to  receive  such  returns  at  the  seat  of  government  within 
twenty  days  after  the  first  Monday  of  November,  1861,  the'  secretary 
of  state  shall  dispatch  a  messenger  to  the  county  not  returned,  with 
directions  to  bring  up  the  poll-books  authorized  to  be  retained  by 
the  judges  of  election,  and  the  secretary  of  state,  in  the  presence  of 
the  governor,  shall  proceed  to  cast  up  the  votes  given  at.such  election, 
and  shall  thereupon  proceed  to  issue  commissions  to  the  candidates 
having  the  highest  number  of  votes. 

Si.rtlt.  lie  it  further  ordained.,  That  the  returns  of  the  election  for 
governor,  lieutenant-governor,  and  secretary  of  state,  provided  for  by 
this  ordinance,  shall  be  made  to  the  office  of  the  secretary  of  state  as 
now  provided  by  laAv ;  and  the  secretary  of  state,  within  forty  days 
after  the  first  Monday  of  November,  1801,  or  sooner  if  the  returns 
shall  have  been  made,  shall,  in  the  presence  of  the  governor,  i)r(K'eed 
to  cast  uj)  the  votes  given  at  said  election  for  governor,  lieutenant- 
governor,  and  secretary  of  state;  and  shall  give  to  the  ])ersons  having 
the  highest  number  of  votes  for  these  offices  respectively  certilicates 
of  their  election;  and  the  persons  so  elected  shall  innnediately  there- 
after be  qualified  and  enter  upon  the  discharge  of  the  duties  of  their 
respective  offices. 

Adopted,  July  80,  18()1. 

CONCERNING    THE    ABROGATION    OF    CERTAIN    LAWS. 

Whereas  the  general  assembly  of  the  State  of  Missouri  did,  in  secret 
session,  contrary  to  the  known  wishes  of  their  constituents,  in  viola- 
tion of  the  constitution  and  the  dearest  rights  and  interests  of  the 
people,  and  for  the  pur})ose  of  dissolving  the  |)olitical  rehitions  of  this 
State  to  the  Government  of  the  United  States,  and  subverting  the 


2176  Missouri— 1861— 1863 

institutions  of  this  State,  enact  certain  odious  laws  hereinafter  enu- 
merated :  Therefore, 

First.  Be  it  ordained  hy  the  people  of  Mhsouti^  in  connention 
asseinbled^  That  an  act  entitled  "An  act  to  provide  for  the  organiza- 
tion, government,  and  support  of  the  military  forces  of  the  State  of 
Missouri,"  approved  May  14,  1801 ;  also,  an  act  to  create  a  military 
fund  for  the  State,  entitled  "An  act  to  raise  money  to  arm  the  State, 
repel  invasion,  and  protect  the  lives  and  property  of  the  people  of 
Missouri,"  approved  May  11,  1801:  also,  an  act  entitled  "An  act  to 
authorize  the  appointment  of  one  major-general  for  the  Missouri 
militia,"  approved  May  15,  1801 :  also,  a  "  Joint  resolution  to  suspend 
the  apportionment  of  the  State  school-money  for  the  year  1801," 
approved  May  11.  1801;  also,  an  act  entitled  "An  act  to  perpetuate 
friendly  relations  with  the  Indian  tribes,"  approved  May  11,  1801; 
be,  and  the  same  are  hereby,  repealed  and  declared  of  no»  effect  or 
validity  whatever. 

Second.  That  all  commissions  issued  or  appointments  made  under 
the  authority  of  the  above-recited  acts,  or  any  of  them,  be.  and  the 
same  are  hereby,  annulled ;  and  all  soldiers  and  other  persons  serving 
or  employed  under  any  of  said  acts  are  hereby  disbanded  and  dis- 
charged from  such  service  or  employment. 

Third.  And  he  it  further  ordained,  That  for  the  purpose  of  pro- 
viding for  the  organization  of  the  militia  of  the  State,  the  following 
act,  to  wit;  an  act  entitled  "An  act  to  govern  and  regulate  the  volun- 
teer militia  of  the  State,"  approved  December  31.  1859,  be.  and  the 
same  is  hereby,  revived  and  declared  to  be  in  full  force  and  effect. 

Adopted,  July  30,  1801. 

SUBMITTING  THE  ACTION  OF  THE  CONVENTION  TO  THE  PEOPLE 

Be  it  ordained  hy  the  people  of  Missouri,  in  convention  ai<semhled, 
That  at  the  election  provided  to  be  held  on  the  first  Monday  of 
November,  eighteen  hundred  and  sixty-one,  for  the  election  of  gover- 
nor, lieutenant-governor,  secretary  of  state,  and  members  of  the  gen- 
eral assembly,  the  several  clerks  of  the  county  courts,  or,  in  case  said 
clerks  shall  fail,  then  the  clerks  of  the  election,  in  making  the  poll- 
books  for  the  election,  shall  provide  two  columns,  one  headed  "  For 
the  action  of  the  convention,"  and  the  other  "Against  the  action  of 
the  convention ;  "  and  if  a  majority  of  the  legal  votes  given  upon  the 
action  of  the  convention  be  for  the  same,  then  the  officers  elected  shall 
hold  their  offices  as  provided  by  the  ordinance  for  their  election ;  but 
if  a  majority  of  the  votes  cast  as  aforesaid  be  against  the  action  of 
the  convention,  then  said  election  shall  be  null  and  void,  and  the  per- 
sons so  chosen  shall  not  enter  upon  the  discharge  of  the  duties  of 
their  offices,  the  officers  chosen  by  this  convention  shall  go  out  of  office, 
and  the  ordinance  of  this  convention  providing  for  the  abrogation 
of  certain  acts  of  the  legislature  shall  thereafter  be  of  no  force  or 
effect  whatever.  The  returns  of  the  votes  so  cast  on  the  action  of  the 
convention  shall  be  made  to  the  office  of  secretary  of  state  in  the  same 
manner  as  is  provided  by  ordinance  of  this  convention  in  regard  to 
ihe  offices  of  governor,  lieutenant-governor,  and  secretary  of  state, 
and  the  votes  shall  i)e  cast  ujj  by  the  same  officer;  and  when  the  result 


Missouri— 1861— 1863  2177 

thereof  sliall  be  ascertained,  the  govenior  appointed  by  this  conven- 
tion   shall,    by    public    proclamation,    announce    the    same,    which 
l^roclamation  shall  be  hied  in  the  office  of  secretary  of  state. 
Adopted,  July  30,  1861. 

CIIAXCJING  THE  TIME  OF  HOLDING  THE  ELECTIONS 

Whereas  this  conyention  did,  during-  its  session  at  Jefferson  City, 
on  the  30th  day  of  July.  A.  D.  18(51,  ado[)t  an  ordinance  providing  for 
the  election  of  certain  State  officers,  and  also  an  ordinance  providing 
for  submitting  its  action  to  the  people  of  the  State  of  Missouri,  and 
appointing  a  time  therefor;  and  whereas  it  is  manifest  that,  by 
reason  of  the  disturbed  condition  of  the  State,  it  will  be  impossible, 
at  the  time  so  appointed,  to  elicit  a  fair  expression  of  the  po])ular 
will  r  Therefore, 

Be  it  ordained  bjj  tlie  people  of  the  SState  of  Missoitri,  irt  eoncention 
assemhled^  as  follows,  to  wit: 

First.  That  so  nnich  of  an  ordinance  entitled  "An  ordinance  pro- 
viding for  certain  amendments  to  the  constitution,"  (adopted  on  the 
30th  clay  of  July,  A.  D,  1861,)  as  provides  for  the  election  of  a  gov- 
ernor, lieutenant-governor,  secretary  of  state,  and  members  of  the 
general  assembly,  on  the  first  Monday  of  Xovember,  A.  D.  1861,  and 
so  much  of  an  ordinance  entitled  "An  ordinance  for  submitting  the 
action  of  this  convention  to  a  vote  of  the  people  of  Missouri,"' 
(adopted  on  the  same  day,)  as  provides  for  submitting  the  action  of 
this  convention  to  a  vote  of  the  people  on  the  first  ^londay  of  Xovem- 
ber, A.  D.  1861,  be,  and  the  same  are  hereby,  so  modified  that  said 
elections  shall  not  be  held  on  the  day  therein  named,  but  instead 
thereof  shall  be  held  on  the  first  Monda}^  of  August,  A.  D.  1862. 

Second.  Said  elections,  and  all  other  elections  held  previous  thereto, 
shall  in  all  other  respects  be  held,  and  the  returns  thereof  made,  as 
provided  in  the  ordinances  heretofore  adopted  by  this  convention. 

Third.  The  governor,  lieutenant-governor,  and  secretary  of  state 
heretofore  appointed  by  this  convention,  shall  discharge  the  duties 
and  exercise  the  powers  which  pertain  to  their  respective  offices,  and 
continue  in  office  until  the  first  Monday  of  August,  A.  D,  1862,  and 
until  their  successors  are  duly  elected  and  qualified,  or  imtil  the  quali- 
fied voters  of  the  State  shall  disapprove  the  action  of  this  convention. 

Adopted,  October  12,  1861. 

ABOLISHING  CERTAIN  OFFICES,  REDUCING  SALARIP:S,  AND  TESTING  THE 
LOYALTY  OF  CIVIL  OFFICERS,  AND  OFFERING  AMNESTY  TO  CERTAIN  PER- 
SONS ON   CERTAIN   CONDITIONS 

Be  it  ordained  hy  the  people  of  the  State  of  Missouri.,  in  convention 
asseinhled .,  as  folloirs : 

First.  That  the  board  of  public  works  be,  and  is  hereby,  abolished, 
and  the  offices  and  pay  of  the  members  of  said  board  shall  cease  and 
determine  from  and  after  the  jjassage  of  this  ordinance. 

Second.  That  the  office  of  State  sui)erintendent  of  conunon  schools 
be,  and  is  hereby,  abolished,  and  the  })ay  of  said  ofKcer  shall  cease  and 
determine  from  and  after  the  passage  of  this  ordinance,  and  the 
7253— VOL  3—07 23 


2178  Missouri— 1861— 1863 

duties  pertaining  to  said  office  shall  be  discharged  by  the  secretary  of 
state. 

Third.  The  offices  of  county-school  commissioner  be,  and  is  hereby, 
abolished  in  all  the  counties  of  this  State,  Saint  Louis  County  ex- 
cepted, and  the  pay  of  said  officers  shall  cease  and  determine  from  and 
after  the  passage  of  this  ordinance;  and  the  clerks  of  the  respective 
county  courts  shall  discharge  all  the  duties  of  common-school  com- 
missioner in  their  respective  counties,  except  visiting  and  lecturing 
in  the  schools,  and  that  the  fees  of  said  clerks,  respectively,  for  serv- 
ices herein  contemplated,  shall  in  no  case  exceed  the  sum  of  fifty  dol- 
lars per  annum. 

Fourth.  That  the  offices  of  State  geologist  and  assistant  State  geolo- 
gist be,  and  are  hereby,  abolished,  and  the  pay  of  said  officers  shall 
cease  and  determine  from  and  after  the  passage  of  this  ordinance. 

Fifth.  That  the  salaries  of  all  civil  officers  in  this  State,  so  far  as 
the  same  are  paid  out  of  the  State  treasury,  or  made  a  burden  on  the 
county  treasuries  by  State  legislation,  be,  and  are  hereby,  reduced 
twenty  per  cent,  during  the  year  ending  30th  September,  1862;  and 
said  percentage  shall  be  deducted  from  the  amount  of  said  salaries, 
and  withheld  from  said  officers  from  and  after  the  passage  of  this 
ordinance,  until  the  said  thirtieth  day  of  September,  A.  D.  1862. 

Sixth.  That  each  civil  officer  in  this  State  shall,  within  sixty  days 
after  the  passage  of  this  ordinance,  take  and  subscribe  an  oath  to  sup- 
port the  Constitution  of  the  United  States  and  this  State;  that  he 
will  not  take  up  arms  against  the  Government  of  the  United  States 
nor  the  provisional  government  of  this  State,  nor  give  aid  or  comfort 
to  the  enemies  of  either  during  the  present  civil  war ;  that  said  oath, 
duly  subscribed  and  sworn  to,  shall,  within  the  sixty  days  aforesaid, 
be  filed  by  county  officers  in  the  clerk's  office  of  their  respective  coun- 
ties; and  all  other  officers  shall,  w^ithin  the  time  aforesaid,  file  said 
oath,  sworn  to  and  subscribed  as  aforesaid,  in  the  office  of  the  secre- 
tary of  state.  And  the  offices  of  all  persons  failing  to  file  said  oath, 
as  herein  provided,  are  hereby  declared  vacant ;  and  the  secretary  of 
state  and  respective  county  clerks  shall,  immediately  after  the  expira- 
tion of  the  sixty  days  aforesaid,  certify,  under  the  seal  of  their  re- 
spective offices,  any  vacancy  that  may  exist  under  the  operations  of 
this  ordinance  to  the  proper  authorities  under  existing  laws,  and  such 
authorities  shall  fill  said  offices  by  appointment  for  the  residue  of  the 
term.  And  any  civil  officer  who  shall  falsely  take  said  oath,  or  wil- 
fully violate  the  same,  shall  be  deemed  and  adjudged  guilty  of  per- 
jury, and  punished  accordingly. 

Seventh.  The  respective  county-court  clerks  in  this  State  shall  take 
and  subscribe  the  oath  provided  in  this  ordinance,  and  file  the  same 
in  the  office  of  the  secretary  of  state  within  the  sixty  days  aforesaid ; 
and  if  any  county-court  clerk  shall  fail  to  file  said  oath,  duly  sub- 
scribed and  sworn  to  as  aforesaid,  his  office  is  hereby  declared  vacant, 
and  such  vacancy  shall  be  filled  by  the  authorities  under  existing 
laws;  and  in  such  case  the  other  county  officers  of  such  county  shall 
comply  with  the  requirements  of  this  ordinance  within  twenty  days 
after  said  vacancy  shall  be  filled  under  the  provisions  of  this  ordi- 
nance. 

Eighth.  Any  person  whatsoever  who  may  take  and  subscribe  the 
oath  provided  by  this  ordinance,  and  file  the  same  in  the  office  of  the 
secretary  of  state,  or  any  county  clerk's  office  in  this  State,  within  ten 


Missouri— 1861— 1863  2179 

days  after  receiving  notice  of  the  passage  of  this  ordinance,  being 
within  sixty  days  of  the  passage  thereof,  shall  be  exempt  from  arrest 
or  punishment  for  offences  previously  committed  by  taking  up  arms 
against  the  provisional  government  of  this  State,  or  giving  aid  or 
comfort  to  its  enemies  in  the  present  civil  war,  subject  to  the  penalties 
of  perjury  as  provided  in  this  ordinance;  and  it  shall  be  the  duty  of 
the  secretar}^  of  state  and  respective  county  clerks  to  make  out  and 
deliver  to  persons  filing  such  oath  a  certificate  of  the  fact  under  their 
respective  seals  of  office,  Avhich  certificate  shall  be  prima-facie  evi- 
dence in  all  courts,  and  to  all  persons,  that  the  person  named  therein 
has  complied  with  and  claims  the  benefit  of  this  ordinance.  And  the 
governor  of  this  State  is  hereby  directed  to  furnish  a  copy  of  this 
ordinance  to  the  President  of  the  United  States  immediately,  and  re- 
quest him,  in  the  name  of  the  people  of  Missouri,  by  proclamation,  to 
exempt  all  persons  taking  said  oath  under  this  ordinance  from  all 
penalties  they  may  have  incurred  by  taking  up  arms  against  the 
United  States,  or  giving  aid  or  comfort  to  its  enemies  in  the  present 
civil  war. 

Adopted,  October  16,  1861. 

RESPIXTIXO  CERTAIN   RECORDS  AND  OTHER  PROPERTY 

Be  it  ordained  by  the  people  of  the  State  of  Missouri^  hi  contention 
assembled: 

That  it  shall  be  the  duty  of  the  board  of  ])ublic  works,  of  the  com- 
missioner of  common  schools,  and  of  the  geologist  and  assistant  geolo- 
gist of  the  State,  to  transfer  and  deliver  the  records,  papers,  and  other 
property  of  their  respective  offices  to  the  secretary  of  state,  who  shall 
preserve  an  inventory  thereof  in  his  office  and  grant  proper  receipts 
therefor.  The  county-school  commissioners  shall  in  like  manner 
deliver  the  records,  papers,  and  other  property  of  their  respective 
offices  to  the  clerks  of  their  respective  counties,  Avho  shall  in  like 
manner  issue  to  them  recei])ts  for  the  same. 

Adopted,  October  16,  1861. 

PROVIDING  FOR  THE  ORCxANIZATlOX  OF  THE  STATE  >irLITIA 

Be  it  ordained  hij  the  people  of  the  State  of  Missouri,  in  eonvention 
assembled ,  as  follows^  to  tcit : 

First.  All  able-bodied  free  white  male  inhabitants  of  this  State, 
between  the  ages  of  eighteen  and  forty-five  years,  shall  l)e  liable  to 
military  duty  under  this  ordinance,  and  when  em-olled  shall  constitute 
and  be  known  and  designated  as  the  "  Missouri  State  Militia." 

Second.  When  the  Missouri  State  militia  shall  be  called  into  the 
actual  service  of  the  State,  the  officers  and  men  shall  be  subje(;t  to  the 
same  rules  and  regulations  and  articles  of  war  that  govern  the  armies 
of  the  United  States. 

<)l{f;A.MZ.VTIO.\ 

Third.  The  commander-in-chief  shall  have  power  to  call  troops 
into  actual  service  by  volunteci-  enlistments,  according  to  such  regula- 
tions as  he  may  prescribe. 

Fourth.  Troops  shall  be  nuisteied  into  service  by  the  nispector- 
general  or  his  assistants,  in  such  manner  as  may  be  prescribed  by  the 


2180  Missouri— 1861— 1863 

commander-in-chief,  and  on  entering  the  service  all  officers  and  men 
shall  take  the  following  oath,  to  be  administered  by  the  inspecting 
officer  : 

"  You,  each  and  every  one  of  you,  do  solemnly  swear  that  you  will 
honestly  and  faithfully  serve  the  State  of  Missouri  against  all  her 
enemies,  and  that  you  will  do  your  utmost  to  sustain  the  Constitution 
and  laws  of  the  United  States,  and  of  this  State,  against  all  violence 
of  whatsoever  kind  or  description;  and  you  do  further  swear  that 
you  will  well  and  truly  execute  and  obey  the  lawful  orders  of  all 
officers  properly  placed  over  you,  whilst  on  duty :  So  help  you  God." 

Fifth.  The  State  militia  of  Missouri  shall  be  organized  by  com- 
panies into  battalions,  regiments,  and  brigades,  in  the  manner  j^re- 
scribed  in  the  Rules  and  Regulations  for  the  Government  of  the 
United  States  Army,  and  when  in  actual  service  of  the  State  shall 
receive  the  same  pay  and  emoluments  as  the  United  States  Army; 
and  any  company,  battalion,  or  regiment  mustered  into  the  service 
of  the  State  may,  at  their  option,  at  any  time  be  mustered  into  the 
service  of  the  United  States. 

Sixth.  Companies  of  infantry  shall  not  contain  less  than  sixty- 
four  men,  (including  non-commissioned  officers.)  nor  more  than  one 
hundred. 

Companies  of  cavalry  shall  contain  not  less  than  fifty  men,  (includ- 
ing non-commissioned  officers,)  nor  more  than  eighty. 

Companies  of  artillery  shall  not  contain  less  than  fifty  nor  more 
than  one  hundred  men. 

Seventh.  The  commissioned  officers  of  a  company  of  infantry, 
cavalry,  or  artillery  shall  be  one  captain,  one  first  and  one  second 
lieutenant,  who  shall  be  elected  by  the  members  of  the  company  after 
being  mustered  into  service ;  and  any  vacancy  in  such  offices  shall  be 
filled  by  election  in  like  manner. 

Eighth.  Captains  of  companies  shall  appoint  the  non-commis- 
sioned officers  of  their  own  companies. 

REGIMENTS 

Ninth.  A  regiment  shall  consist  of  not  less  than  eight  nor  more 
than  ten  companies;  the  field-officers  of  which  shall  consist  of  one 
colonel,  one  lieutenant-colonel,  and  one  major. 


Tenth.  A  brigade  shall  consist  of  not  less  than  two  nor  more  than 
five  regiments,  to  be  commanded  bv  a  brigadier-general. 


Eleventh.  The  governor  shall  nominate  and,  by  and  with  the 
advice  of  the  senate,  appoint  the  following  chiefs  of  staff  department: 
one  adjutant-general,  one  inspector-general,  one  quartermaster-gen- 
eral, one  commissary-general,  one  surgeon-general,  one  paymaster- 
general — all  with  the  rank  of  colonel  of  cavalry — each  of  whom  shall 
perform  the  duties  of  his  office  in  accordance  with  the  rules  and 


.  Missouri^l86 1—1863  2181 

regulations  of  the  United  States  Army,  or  siicli  other  rules  and  regu- 
lations as  may  be  prescribed  by  the  commander-in-chief. 

Twelfth.  The  quartermaster-general  and  the  commissary -general 
shall,  on  receiving  their  appointments,  execute  and  deliver  to  the 
State  their  bonds,  each  in  the  sum  of  twenty  thousand  dollars,  with 
sureties,  to  be  approved  by  the  governor,  for  the  faithful  performance 
of  their  duties,  and  the  governor  shall  require  of  all  disbursing  offi- 
cers a  bond  in  such  amounts  and  with  such  securities  as  he  may  deem 
necessarj'  for  the  faithful  discharge  of  their  duties. 

Thirteenth.  The  commander-in-chief  may  also  appoint  and  com- 
mission such  number  of  aides-de-camp  as  may  be  necessary  for  the 
requirements  of  the  service,  with  the  rank  of  colonel. 

Fourteenth.  The  commander-in-chief  shall  also,  without  the  con- 
currence of  the  senate,  appoint  and  commission  such  other  statf- 
officers  as  may  be  necessary  for  the  requirements  of  the  service,  and 
shall  designate  their  rank  in  their  respective  commissions:  and  such 
officers  shall  perform  such  duties  as  are  prescribed  by  the  rules  and 
regulations  of  the  Army  of  the  United  States,  or  such  as  may  be 
prescribed  by  the  commander-in-chief. 


Fifteenth.  The  governor  shall  nominate  and,  by  and  with  the 
advice  and  consent  of  the  senate,  appoint  one  major-general,  and  the 
necessary"  niunber  of  brigadier-generals,  colonels,  lieutenant-colonels, 
and  majors  of  the  line. 

Sixteenth.  "Whenever,  during  the  recess  of  the  senate,  it  shall  be 
necessary  to  appoint  to  any  military  office  of  the  line  above  the  rank 
of  captain,  the  governor  may  appoint  to  such  office,  subject  to  the 
confirmation  of  the  senate  at  their  next  session  thereafter. 

Seventeenth.  The  major-general  commanding  may  nominate  to  the 
governor  for  commission  one  assistant  adjutant-general,  two  aides-de- 
camp with  the  rank  of  lieutenant-colonel;  and  the  commander-in- 
chief  may  detail  for  duty  on  the  staff  of  the  major-general  command- 
ing such  other  staff-officers  as  the  necessities  of  the  service  may  require. 

Eighteenth.  Brigadier-generals,  when  in  actiuil  command,  may 
nominate  to  the  governor  for  commission  one  acting  assistant  adjutant- 
general,  one  aide-de-camp  with  the  rank  of  major;  and  the  com- 
mander-in-chief may  detail  such  other  staft'-officers  for  duty  with  the 
brigade  as  the  necessities  of  the  service  may  require. 

Nineteenth.  Colonels  of  regiments,  when  in  actual  command,  shall 
nominate  to  the  governor  for  connnission  one  adjutant  with  the  rank 
of  ca[)tain:  and  the  conmumder-in-chief  may  detail  such  other  staff- 
officers  for  regimental  duty  as  the  service  re([uires.  The  colonel  of 
each  regiment  shall  select  from  his  command  well-instructed  and 
good  soldiers  to  fill  the  posts  of  sergeant-major,  quartermaster-ser- 
geant, conunissary-sergeant,  and  color  sergeants,  Avho  will  contsitute 
the  non-commissioned  staff  of  tlie  regiment,  and  be  appointed  by  war- 
rant given  under  the  hand  of  the  colonel. 

Tu'ent'ieth.  Persons  holding  civil  offices  imder  this  State,  or  civil 
military  offices  under  the  Ignited  States,  may  hold  offices  under  this 
ordinance;  and  no  civil  office  under  this  State  shall  be  vacated  b}"  the 
acceptance  of  a  military  office  under  the  United  States. 


2182  Mifimuri—lS61—186S 


7' ice nty -first.  The  connnniuler-iii-chit'f  shall  pi-cscrilx'  the  iiinfonn 
to  be  worn  by  the  Missouri  militia. 

T wenty-aecond .  All  officers,  Avhen  on  duty,  shall  wear  the  uniforr.i 
of  their  rank. 

COURT- MARTI  AI. 

Twenty-th'trd.  Courts-martial  shall  be  constituted,  and  shall  pro- 
ceed in  all  cases  in  the  same  manner  as  is  provided  by  law  or  regula- 
tion for  the  Army  of  the  United  States. 

Twenty-fourth.  All  contractors  for  supplies  for  the  State  militia 
shall  be  subject  to  trial  by  court-martial  for  an}^  fraud  practised  in 
respect  to  such  supplies,  and  shall,  on  conviction  thereof,  be  pun- 
ished with  death  or  other  punishment,  at  discretion  of  the  court. 

Twenty-fifth.  Any  officer  of  the  State  militia  who  shall  be  con- 
victed by  a  court-martial  of  wilfully  defrauding  the  State  in  any 
matter  of  which  he  has  official  charge,  or  of  conniving  at  any  fraud 
practised  upon  the  State  by  others,  shall  suffer  death,  or  such  other 
punishment  as  the  court  may  inflict. 

Ticerdy-s'txth.  The  commander-in-chief  shall  have  power  to  pre- 
scribe such  rules  and  regulations  for  the  government  of  the  Missouri 
State  militia  as  he  may  deem  necessary. 

Twenty -seventh.  He  may  vacate  the  commission  of  any  officer 
whom  he  maj'  judge  unfit  for  the  service,  and  he  shall  have  power 
to  appoint  military  boards  to  report  upon  the  qualifications  of  any 
officer  commissioned  or  to  be  commissioned. 

Ticenty-eiglith.  The  articles  of  war  shall  be  published  with  this 
ordinance,  with  the  verbal  changes  necessary  to  conform  them  to 
forces  organized  and  serving  under  the  authority  of  the  State. 

Twenty-ninth.  Headquarters  of  the  Missouri  State  militia  shall  be 
in  Saint  Louis  until  removed  by  the  commander-in-chief. 

Thirtieth.  Xo  period  of  residence  is  required  to  admit  persons  to 
service  in  the  Missouri  State  militia. 

Thirty-first.  All  bodies  of  troops  heretofore  organized  and  mus- 
tered into  the  service  of  the  State  under  the  provision  of  an  ordinance 
entitled  "An  ordinance  concerning  the  repeal  and  abrogation  of  cer- 
tain laws,  and  for  other  purposes,''  heretofore  adopted  by  this  conven- 
tion, shall  be  continued  in  the  service  as  [if]  organized  under  this  act : 
Prodded^  however.,  That  the  goA'ernor  may  remove  any  officer  now 
acting  in  the  militia,  in  accordance  with  the  provisions  of  the  twenty- 
seventh  section  of  this  act ;  and  may  at  any  time  vacate  the  commis- 
sions of  such  officers  as  are  not  authorized  by  this  ordinance :  And  pro- 
vided also.  That  all  commissions  now  issued  to  third  lieutenants  of 
companies  under  the  said  recited  act  are  hereby  vacated;  and  it  shall 
be  the  duty  of  the  commander-in-chief  to  authorize  some  member  of 
the  staff  department,  or  some  other  agent  whom  he  may  appoint  for  that 
purpose,  to  proceed  to  such  place  in  the  State  as  may  be  necessary,  and 
examine  into  the  expenses  incurred  in  the  preliminar}'  assembling 
and  organization  of  companies,  the  procurement  of  arms,  the  furnish- 
ing of  supplies,  and  other  necessary  expenses  incurred  in  and  about 
the  organization  of  troops  under  the  governor's  proclamation  of  the 
24th  of  August  last,  and  said  agent  or  officer  shall  adjust  such  claims 
as  may  be  prescribed  to  him,  alloAving  such  as  may  be  deemed  just, 


Missour}— 1861— 1863  2183 

and  rejecting  those  found  to  be  unjust.  He  shall  report  his  proceed- 
ing to  the  governor,  who,  if  he  approve  the  same,  shall  so  certify  to 
the  proper  officer,  who  shall  cause  the  claims  or  account  so  allowed  to 
be  paid ;  but  such  preliminary  examination  shall  be  unnecessary  in  any 
case  Avhere  the  governor  shall  have  such  personal  knowledge  in  re- 
gard to  any  such  claims  as  to  justify  him  in  certifying  it  to  the 
])roper  officer  as  hereinbefore  provided. 

Thirty -sec  and.  So  much  of  the  act  to  govern  and  regulate  the  vol- 
unteer militia  of  the  State,  appproved  as  aforesaid  by  this  convention, 
as  conflicts  with  the  provisions  of  this  ordinance  is  hereby  repealed; 
but  all  legal  acts  done  and  proceedings  properly  had  for  the  organiza- 
tion and  support  of  the  militia  under  and  by  virtue  of  said  act  shall 
be  valid  and  binding  as  if  authorized  by  this  ordinance. 

Thirty-third.  This  ordinance  may  be  altered,  modified,  or  repealed 
by  the  general  assembly  of  this  State,  in  the  same  manner  and  with 
like  effect  as  the  ordinary  legislation  of  the  State  may  be  altered, 
amended,  or  repealed. 

Adopted,  October  IT,  1861. 

AMENDING  "  AN  ORDTNANCE  ABOLISHING  CERTAIN  OFFICES,  REDUCING 
SALARIES,  AND  TESTING  THE  LOYALTY  OF  CIVIL  OFFICERS  IN  THIS 
STATE  " 

Be  it  ordained  hy  the  peofle  of  the  State  of  Missouri  in  convention 
assembled: 

Section  1.  That  the  seventh  section  of  an  ordinance  entitled  "An 
ordinance  providing  for  abolishing  certain  offices,  reducing  salaries, 
and  testing  the  loyalty  of  civil  officers  in  this  State,"  adopted  by  this 
convention  at  its  session  in  Saint  Louis,  in  October,  ISGl,  be,  and  the 
same  is  hereby,  repealed. 

Sec.  2.  That  all  apj)ointments  to  fill  vacancies  created  by  the  pro- 
visions of  the  sixth  section  of  said  ordinance  are  hereby  declared  valid 
from  the  time  said  a])i)ointments  were  made,  anything  in  said  seventh 
section  to  the  contrary  notwithstanding. 

Adopted  June  7,  18(32. 

REPEALING     CERTAIN    ORDINANCES    SUBMITTING    THE    ACTION    OF    THE 
CONVENTION  TO   A   VOTE  OF  THE  PEOPLE 

Be  it  ordained  l)y  tlw  ])eo'ple  of  the  State  of  Missouri,  in  convention 
assembled,  as  follows: 

That  all  ordinances  and  parts  of  ordinances  heretofore  passed  by 
this  convention,  submitting  its  action  to  a  vote  of  the  ]H'ople  of  the 
State,  be,  and  the  same  are  herebv,  repealed. 

Adopted  June  7.  \^(\2. 

DEFINING     rilE    (,)rALIFICATTONS   OF    VOTERS    AND    CTVII,    OFFICERS    IX    tlllS 

STATE 

Be  it  ordained  by  the  people  of  the  tSfate  of  Missouri.  In  coti  rentioa 
assembled,  as  folloivs: 

Section  1.  No  person  shall  vote  at  any  election  to  be  hereafter 
held  in  this  State,  under  or  in  pursuance  of  the  constitution  and  laws 


2184  Missouri— 1861— 1S6S 

thereof,  whether  State,  county,  township,  or  municipal,  who  shall  not. 
in  addition  to  possessing  the  qualitications  already  j)res('ril)ed  for 
electors,  previously  take  an  oath  in   form  as  follows,  uamely:  '*  I. 

,  do  solemnly  swear   |  or  affirm,  as  the  case  may  be  | 

that  I  will  support,  protect,  and  defend  the  Constitution  of  the 
United  States,  and  the  constitution  of  the  State  of  Missouri,  against 
all  enemies  and  opposers,  whether  domestic  or  foreign;  that  I  will 
bear  true  faith,  loyalty,  and  allegiance  to  the  United  States,  and  will 
not,  directly  or  indirectly,  give  aid  and  comfort,  or  countenance,  to 
the  enemies  or  opposers  thereof,  or  of  the  provisional  government  of 
the  State  of  Missouri,  any  ordinance,  law,  or  resolution  of  any  State 
convention  or  legislature,  or  of  any  order  or  organization,  secret  or 
otherwise,  to  the  contrary  notwithstanding;  and  that  I  do  this  with  a 
full  and  honest  determination,  pledge,  and  purpose  faithfully  to  keep 
and  perform  the  same,  without  any  mental  reservation  or  evasion 
whatever.  And  I  do  further  solemnly  swear  [or  affirm]  that  I  have 
not,  since  the  iTth  day  of  December,  A.  D.  ISGl,  wilfully  taken  up 
arms,  or  levied  war  against  the  United  States,  or  against  the  provi- 
sional government  of  the  State  of  Missouri :  So  help  me  God." 

Sec.  2.  Before  any  person  shall  be  elected  or  appointed  to  any  civil 
office  within  this  State,  under  the  constitution  and  the  laws  thereof, 
whether  State,  county,  township,  municipal,  or  other  civil  office,  he 
shall  take  and  subscribe  an  oath  in  form  as  follows:  "  I,  A.  B.,  do,  on 
oath,  [or  affirmation,]  declare  that  I  have  not,  during  the  present 
rebellion,  wilfully  taken  up  arms,  or  levied  war  against  the  Ignited 
States,  nor  against  the  provisional  government  of  the  State  of  Mis- 
souri, nor  have  wilfully  adhered  to  the  enemies  of  either,  whether 
domestic  or  foreign,  by  giving  them  aid  and  comfort,  but  have  always 
in  good  faith  opposed  the  same.  And  further,  that  I  will  support, 
protect,  and  defend  the  Constitution  of  the  United  States  and  of  the 
State  of  INIissouri  against  all  enemies  and  opposers,  whether  domestic 
or  foreign,  any  ordinance,  law,  or  resolution  of  any  State  convention 
or  legislature,  or  of  any  order  or  organization,  secret  or  otherwise,  to 
the  contrary  notwithstanding,  and  that  I  do  this  with  an  honest  pur- 
pose, pledge,  and  determination  faithfully  to  perform  the  same,  with- 
out any  mental  reservation  or  evasion  Avhatever;  "  which  oath  shall 
be  filed  in  the  office  of  the  secretary  of  state  by  all  candidates  for 
State  offices,  and  by  candidates  for  all  county  and  other  offices,  in 
the  office  of  the  clerk  of  the  county  court,  [or  other  officer  charged 
with  equivalent  duties,]  in  the  counties  wherein  they  respectively 
reside,  at  least  five  days  before  tlie  day  of  election ;  and  no  vote  shall 
be  cast  up  for,  or  certificate  of  election  granted  to,  any  candidate  who 
fails  to  file  such  oath,  as  required  by  this  ordinance. 

Sec.  3.  Any  person  who  shall  falsely  take,  or,  having  taken,  shall 
thereupon  wilfully  violate  any  oath  prescribed  by  this  ordinance, 
shall,  upon  conviction  thereof,  hj  any  court  of  competent  jurisdiction, 
be  adjudged  guilty  of  the  crime  of  perjury,  and  shall  be  punished 
therefor  in  accordance  with  existing  laws.  And  it  shall  be  the  duty 
of  the  judges  of  all  courts  having  criminal  jurisdiction  under  the 
laws  of  this  State  specially  to  charge  the  grand  juries  in  the  counties 
in  which  such  courts  shall  be  held  respectively,  and  of  all  grand  juries 
in  the  performance  of  their  duties  under  the  laws  of  this  State  speci- 


.     Missouri— 1861— 1863  2185 

ally  to  Inqiiiro  concerninor  the  comiuission  of  any  act  of  perjury  men- 
tioned or  made  punishable  bj^  this  or  any  other  ordinance  adopted  by 
this  convention. 

Sec.  4.  The  courts  of  this  State  shall  require  all  jurymen  and  attor- 
neys to  take  and  subscribe  the  following  oath :  "  I, ,  do 

solemnly  swear  [or  affirm,  as  the  case  may  be]  that  T  will  support, 
protect,  and  defend  the  Constitution  of  tlie  Ignited  States,  and  the 
constitution  of  the  State  of  Missouri,  against  all  enemies  and  opposers, 
whether  domestic  or  foreign;  that  I  will  l)ear  true  faith,  loyalty,  and 
allegiance  to  the  United  States,  and  will  not,  directly  or  indirectly,  ad- 
here to  the  enemies  or  opposers  thereof,  or  of  the  provisional  govern- 
ment of  the  State  of  jSIissouri,  by  giving  then  aid  and  comfort,  am' 
ordinance,  law,  or  resolution  of  any  State  convention  or  legislature, 
or  of  any  order  or  organization,  secret  or  otherwise,  to  the  contrary 
notwithstanding;  and  that  I  do  this  with  a  full  and  honest  determi- 
nation, pledge,  and  purpose  to  keep  ^md  perform  the  same,  without 
any  mental  reservation  or  evasion  Avhatever :  So  help  me  God."  The 
same  oath  shall  also  be  taken  and  subscribed  by  the  president,  pro- 
fessors, and  curators  of  the  University  of  the  State  of  Missouri,  by 
all  bank  officers,  common-school  teachers  who  are  paid  in  Avhole  or 
in  part  out  of  funds  provided  by  law,  and  common-school  trustees, 
by  all  officers  of  all  incorporated  companies  of  this  State,  and  by  all 
licensed  or  ordained  i)reachers  of  the  gospel  before  performing  the 
ceremony  of  marriage  in  this  State,  and  filed  in  any  county  clerk's 
office  in  this  State;  and  every  licensed  or  ordained  preacher  of  the 
gospel  who  shall  perform  the  ceremony  of  marriage  in  this  State 
before  taking  said  oath,  and  every  other  person  aforesaid  assuming  to 
discharge  the  duties  pertaining  to  his  avocation  under  the  laws  of 
this  State,  without  complying  with  the  provisions  of  this  section, 
shall  be  liable  to  prosecution  in  any  court  of  competent  jurisdiction 
in  this  State,  by  indictment,  and  upon  conviction  shall  be  ])unished 
for  each  offence  by  a  fine  not  less  than  ten  nor  more  than  two  hundred 
dollars.  This  section  shall  take  effect  ninety  days  from  the  ])assage 
of  this  ordinance. 

Sec.  5.  That  judges  and  clerks  of  all  elections  held  under  the  laws 
of  this  State,  shall,  in  addition  to  taking  the  oath  required  by  exist- 
ing laws,  take  the  further  oath  that  they  will  not  record,  nor  permit 
to  be  recorded,  the  name  of  any  voter  who  has  not  first  taken  the 
oath  required  to  be  taken  l)y  the  first  section  of  this  ordinance. 

Sec.  ().  The  general  assembly  of  this  State  may  at  any  time  repeal 
this  ordinance,  or  any  part  thereof.-^ 

Adopted  June  10. '1802. 

continuing  the  pkovisional  government  in  office 

Be  it  ordained  hi/  the  people  of  the  State  of  J/isso^tri,  in  convention 
assemhled  : 

That  the  governor,  lieutenant-governor,  and  secretary  of  state,  here- 
tofore appointed  by  this  convention,  shall  continue  in  office  until  the 
first  Monday  in  August,  A.  I).  18()4,  and  until  their  successors  are 
duly  elected  and  qualified,  and  shall  discharge  the  duties  and  exercise 
the  privileges  which  pertain  to  their  respective  offices. 

Adopted,  June  11,  1862. 


2 1 86  Missouri— 1861—1868 

EXAHLING  CITIZEN.S   OF   MISSOURI   IN    THE   MILITARY   SERVICE  OF  THE 
UNITED  STATES  OR  THE  STATE  TO  VOTE 

Be  it  ordained  hy  the  people  of  the  State  of  Missouri  in  convention 
assembled^  as  follows^  to  wit: 

Section  1.  That  the  commanding  officer  of  any  company  of  Mis- 
souri vohmteers,  or  militia  in  the  service  of  the  United  States  or  of 
the  State  of  Missouri,  any  of  the  members  of  which  are  qualified 
voters  under  the  laws  of  this  State,  shall,  on  the  day  of  the  next 
general  election,  and  at  every  subsequent  election  held  under  the 
laws  of  this  State  during  the  present  war,  cause  an  election  to  be 
held  by  the  members  of  such  company  for  officers  to  be  elected  at 
such  election. 

Sec.  2.  The  commanders  of  such  companies  shall  cause  a  sufficient 
number  of  poll-books  to  be  made  out  for  each  company,  properly 
laid  off  into  blanks,  with  the  necessary  heading  and  certificates  at- 
tached, and  cause  them  to  be  delivered  to  the  judges  of  election  on  or 
before  the  day  of  such  election. 

Sec.  3.  Three  good,  discreet,  and  disinterested  persons,  members  of 
such  company,  being  qualified  voters  under  the  laws  of  this  State, 
shall  be  appointed  judges  of  such  elections  by  such  commanding  offi- 
cers, who  shall  administer  the  following  oath  to  such  judges  before 
they  enter  on  their  duties:  "I  do  solemnly  swear  [or  affirm]  that  I 
will  impartially  discharge  the  duties  of  judge  of  the  present  election, 
according  to  law  and  the  best  of  my  abilities :  So  help  me  God." 

Sec.  4.  Said  judges  shall  appoint  two  clerks,  who,  before  entering 
on  the  duties  of  their  ajDpointment,  shall  take  an  oath  or  affirmation, 
to  be  administered  by  one  of  the  persons  so  appointed  as  judges  of  the 
election,  that  they  will  faithfully  record  the  names  of  all  the  voters, 
and  distinctly  carry  out,  in  lines  and  columns,  the  name  of  the  per- 
son for  whom  each  voter  votes. 

Sec.  5.  At  the  close  of  each  election  the  judges  shall  certify,  under 
their  hands,  the  number  of  votes  given  for  each  candidate,  which 
shall  be  attested  by  their  clerks,  and  transmit  the  same,  together  with 
one  of  the  poll-books,  by  one  of  their  clerks,  or  by  mail,  to  the  clerk  of 
the  county  court  in  which  the  voters  are  entitled  to  vote,  without  delay. 

Sec.  6.  Poll-books  shall  be  opened  for  each  county  from  which 
there  are  members  in  such  company  entitled  to  vote,  and  at  such  elec- 
tion only  such  persons  shall  be  allowed  to  vote  as  could  vote  under 
existing  laws  if  in  their  proper  precincts,  which  vote  shall  be  taken 
and  sent  to  their  proper  county,  as  provided  in  this  ordinance. 

Sec  7.  AMien  more  than  one  company  votes  at  the  same  post  or 
station,  or  belonging  to  the  same  battalion,  regiment,  or  division  of 
the  Army,  the  judges  of  said  elections  may  cause  one  messenger  to 
carry  the  poll-books  to  the  different  counties. 

Sec.  8.  Any  one  of  the  judges  of  election  under  this  ordinance  is 
authorized  to  administer  oaths  to  test  the  qualifications  of  voters  and 
to  prevent  frauds. 

Sec  9.  Each  clerk  of  the  county  court  shall,  in  not  less  than  fifteen 
nor  more  than  twenty  days  after  the  election,  take  to  his  assistance 
two  justices  of  the  jDeace  of  his  county,  or  two  justices  of  the  county 
court,  and  examine  and  cast  up  the  votes  given  for  each  candidate, 
including  the  votes  received  by  virtue  of  this  ordinance,  and  give  to 
those  having  the  highest  number  of  votes  a  certificate  of  election. 


Missouri— 1861— 1863  2187 

Sec.  10.  The  votes  given  at  sueh  company  elections  shall  be  given 
oii'a  race,  or  by  tickets  handed  to  the  judges,  and  shall  in  both  cases 
be  cried  in  an  audible  voice  by  one  of  the  judges  of  the  election,  or  by 
some  person  appointed  b}^  such  judges  for  that  purpose,  and  noted  by 
the  clerks  in  the  i^resence  and  hearing  of  the  voters. 

Sec.  11.  Judges  and  clerks  of  said  company  elections  failing  or 
neglecting  to  discharge  any  duty  required  by  this  ordinance,  or  the 
laws  now  in  force,  shall  be  subject  to  the  penalties  prescribed  by  law, 
and  may  be  prosecuted  in  the  county  to  which  such  returns  are 
required  to  be  made. 

Sec.  12.  P^very  person  not  being  a  qualified  voter  according  to  the 
constitution  and  laws  of  the  State,  who  shall  vote  at  any  election 
under  this  ordinance,  or  any  person  who  shall,  at  the  same  election, 
vote  more  than  once,  either  at  the  same  or  different  places  of  voting, 
shall,  upon  conviction,  be  adjudged  guilty  of  a  misdemeanor,  and  be 
punished  by  fine  not  exceeding  fifty  dollars,  nor  less  than  twenty  dol- 
lars, or  by  imprisonment  in  the  county  jail  not  exceeding  three 
months,  and  shall  be  liable  to  indictment  and  conviction  in  any  county 
to  wdiich  such  poll-books,  or  any  of  them,  shall  be  returned. 

Sec.  13.  All  persons  voting  under  this  ordinance  shall  be  required 
to  take  the  oath  prescribed  by  the  ordinance  of  this  convention,  test- 
ing the  loyalt}^  of  the  voter. 

Sec.  14.  The  election  returns  of  votes  cast  at  the  different  precincts 
in  the  counties  shall  be  made  to  county  clerks,  in  all  respects  accord- 
ing to  the  statute  laws  now  in  force,  except  as  jjrovided  in  this  ordi- 
nance; and  all  acts  required  to  be  done  under  existing  laws  within 
a  given  time  after  examining  and  casting  up  the  books,  shall  be  done 
within  the  time  required  by  existing  laws,  after  the  time  fixed  for 
examining  and  casting  up  the  poll-books  under  the  ninth  section  of 
this  ordinance. 

Sec.  15.  Any  officer,  or  other  person,  in  the  service  or  employment 
of  the  United  States  or  the  State  of  Missouri,  being  a  qualified  voter 
under  the  constitution  and  law^s  of  this  State,  may  vote  at  any  election 
held  under  the  ])rovisions  of  this  ordinance,  subject  to  the  restric- 
tions and  limitations  provided  by  this  ordinance. 

Sec;.  16.  This  ordinance  shall  be  in  force  from  and  after  its  passage, 
and  is  subject  to  repeal  at  any  time  by  the  general  assembly  of  this 
State. 

Adopted,  June  12,  1802. 

RELATING   TO  VOTING  IN   CERTAIN   COUNTIES 

Be  it  ordained  hy  the  people  of  the  State  of  Missouri,  in  convention 
assemhled,,  as  follows,  to  wit: 

Section  1.  In  any  county  where  there  is  a  county  court,  or  where 
such  court  fails  to  appoint  judges  of  election,  and  in  counties  where 
there  is  no  county  clerk,  or  such  clerk  fails  to  cause  jioll-books  to  be 
delivered  to  the  judges  of  election  before  the  day  of  the  election,  any 
person  may  prepare  the  poll-books  for  any  or  all  of  the  townships  in 
such  county,  and  a  majority  of  the  (|ualified  voters  present  at  the 
time  and  place  of  opening  the  polls,  which  shall  be  at  the  same  place, 
as  near  as  may  be,  as  the  elections  were  authorized  to  be  for  members 
of  this  convention,  shall  choose  judges  of  the  election;  and  in  case  no 
officer  is  present  authorized  to  administer  the  oath  of  office  to  such 


2188  Missouri— 1861— 1863 

jutlges,  one  of  the  persons  so  chosen  may  administer  the  oath  re- 
quired by  law  to  such  judges,  one  of  whom,  after  l)eino-  so  sworn, 
shall  administer  the  oath  to  the  judge  by  whom  he  was  so  sworn. 

Sec.  2.  Such  judges  of  election  shall  appoint  two  clerks,  and  shall 
have  all  the  poAvers  and  perform  all  the  duties  of  judges  of  election 
under  existing  laws,  and  shall  return  the  poll-books  to  the  county  seat 
in  the  time  and  manner  required  by  the  next  section. 

Sec.  3.  On  the  first  Saturday  after  the  election,  one  of  the  judges 
of  election  from  each  township  in  such  county  shall  repair  to  the 
county  seat,  and  organize  a  board  composed  of  such  judges,  and  said 
board,  when  so  organized,  shall  proceed  to  cast  up  the  votes  given  in 
such  election,  certify  the  same,  and  grant  certificates  of  election,  and 
in  all  respects  shall  have  the  same  jDowers  and  perform  the  same 
duties  that  the  county  clerk  and  two  justices  of  the  county  court  or 
justices  of  the  peace  are  required  to  perform,  or  that  the  county  clerk 
is  required  to  perform,  under  existing  laws  governing  elections. 

Sec.  4.  Such  election  shall  be  as  valid  to  all  intents  and  purposes  as 
though  it  had  been  done  by  the  ordinary  officers  under  existing  laws. 

Sec.  5.  Such  judges  of  election  shall  retain  the  poll-books  of  such 
election  until  there  is  a  county  clerk  qualified  to  act  in  such  county. 
Such  poll-books  shall  be  filed  in  the  county  clerk's  office,  and  the 
clerk's  receipt  taken  for  the  same. 

Sec.  6.  The  secretary  of  state  shall  cause  the  ordinances  passed  at 
this  session  of  the  convention,  in  relation  to  voters  and  elections,  to 
be  published  in  pamphlet  form  and  distributed  without  delay  to  the 
county  clerks  of  the  different  counties,  and  in  counties  where  there  is 
no  clerk,  to  members  of  this  convention,  or  other  citizens,  in  such 
numbers  as  he  may  deem  sufficient. 

Sec.  7.  If  in"  any  county  no  election  shall  be  held  for  sheriif,  coro- 
ner, county-court  justices,  and  other  township  and  county  officers,  the 
vacancies  so  caused,  with  the  exception  of  members  of  the  general 
assembly,  shall  be  filled  by  the  proper  authorities,  under  existing 
laws;  but  in  all  cases  of  failure  by  the  proper  authorities  to  appoint 
persons  to  fill  such  vacancies  within  twenty  days  after  the  vacancy 
occurs,  then  the  governor  shall  appoint  officers  to  fill  such  vacancies 
as  have  not  been  filled  by  the  proper  authorities;  and  all  officers 
appointed  to  fill  vacancies  as  aforesaid  shall  hold  their  said  offices 
for  the  same  time  as  if  they  had  been  elected  under  existing  laws. 

Sec.  8.  In  counties  where  there  are  no  county  clerks,  any  candidate 
may  file  the  oath  required  by  ordinance  with  the  board  of  judges 
herein  provided  for,  and  said  board  shall  cast  up  and  certify  the  vote 
given  for  each  candidate  that  complies  Avith  this  section  the  same  as 
\i  said  oath  had  been  filed  in  the  time  and  manner  required  by  the 
ordinance  heretofore  passed ;  and  said  affidavits  shall  be  filed,  together 
with  the  poll-books,  in  the  county  clerk's  office. 

Sec.  9.  Judges  and  clerks  of  election  under  this  ordinance  shall 
perform  all  the  duties  and  be  subject  to  all  the  penalties  prescribed 
by  existing  laws. 

'  Sec.  10.  This  ordinance  shall  be  in  force  from  r.nd  after  its  passage, 
and  may  be  repealed  at  any  time  by  the  general  assembly  of  this  State. 

Adopted,  June  13,  1862. 


Missouri— 1861— 1863  2189 

AMENDING  THE  THIRD  ARTICLE  OF  THE  STATE  (CONSTITUTION 

Be  it  ordained  hy  the  feople  of  the  State  of  Missou7'i,  in  convention 
assembled,  as  follows: 

The  eighth  section  of  the  third  article  of  the  constitution  is  hereby 
abolished,  and  the  following  adopted  in  lieu  thereof: 

After  the  first  day  of  July,  one  thousand  eight  hundred  and  sixty- 
two,  all  general  elections  shall  commence  [take  place]  on  the  Tuesday 
next  after  the  first  Monday  in  November,  and  shall  be  held  biennially; 
and  the  electors  in  all  cases,  except  of  [for]  treason,  felony,  or  breach 
of  the  peace,  shall  be  privileged  from  arrest  during  their  continuance 
at  elections,  and  in  going  to  and  returning  from  the  same. 

Adopted,  June  13,  1862. 

REQUIRING    STATE    SENATORS    TO    BE    DIVIDED    INTO    CLASSES 

Be  it  ordained  hy  the  people  of  the  State  of  Missouri,  in  convention 
assembled ,  as  folloivs: 

That  at  the  next  session  of  the  general  assembly,  the  State  senators 
shall  be  divided  by  lot  into  classes,  as  provided  in  the  seventh  section 
of  the  third  article  of  the  constitution,  and  every  election  to  fill  a 
vacancy  in  the  senate  shall  be  for  the  residue  of  the  term  only. 

Adopted,  June  13,  1862. 

CHANGING    THE    TIME   OF    HOLDING    ELECTIONS    FOR    JUDGES 

Be  it  ordained  by  the  people  of  Missouri,  in  convention  assembled, 
as  follows : 

Section  1,  That  so  much  of  the  sixth  and  seventh  articles  of  the 
amendments  to  the  constitution  of  this  State,  ratified  at  the  session 
of  the  legislature  of  1850  and  1851,  as  provides  that  the  elections  of 
supreme  and  circuit  court  judges  shall  be  held  on  the  first  Monday  in 
August,  A.  D.  eighteen  hundred  and  fifty-one,  and  on  the  first  Mon- 
day in  August  every  six  years  thereafter,  is  herebv  abolished. 

Sec.  2.  The  first  general  election  for  supreme  and  circuit  court 
judges  hereafter  to  be  held  under  said  amendments  to  the  constitution 
shall  be  on  the  Tuesday  next  after  the  first  Monday  in  November, 
A.  D.  eighteen  hundred  and  sixty-three,  and  on  the  first  Tuesday  next 
after  the  first  Monday  in  November  every  six  years  thereafter,  any 
law,  constitution,  or  ordinance  of  this  convention  to  the  contrary 
notAvithstanding. 

Sec.  3.  Whatever  election  of  judges  or  clerks  of  courts  and  other 
officers  may  now  be  fixed  by  law.  or  by  order  of  any  court,  for  the 
first  IMonday  of  August,  eighteen  hundred  and  sixty-three,  shall  b(^ 
held  on  the  Tuesday  next  after  the  first  jNIonday  of  November,  eight- 
een hundred  and  sixty-three. 

Adopted,  June  26,  1863. 

PROVIDING    FOR    SUPPLYING    THE    VACANCY    EXISTING    IN    THE    OFFICE    OF 

JUDGE 

Be  it  ordained  by  the  people  of  the  State  of  Missouri,  in  convention 
asseinbled,  as  follotvs: 

The  governor  shall  appoint  a  judge  for  the  fourteenth  judicial  cir- 
cuit, to  supply  the  vacancy  now  existing,  which  judge  shall  hold 


2190  Missouri— 1861— 1863 

his  office  until  Tuesday  after  the  first  Monday  of  November,  A.  D. 
eighteen  hundred  and  sixty-three,  and  until  his  successor  is  duly 
elected  and  qualified. 
Adopted,  June  27,  1863. 

PROVIDING    FOR   THE   EMANCIPATION    OF    SLAVES 

Be  it  ordained  by  the  people  of  the  State  of  Missouri,  in  convention 
assewMed : 

Section  1.  The  first  and  second  clauses  of  the  twenty-sixth  section 
of  the  third  article  of  the  constitution  are  hereby  abrogated. 

Sec.  2.  That  slavery  and  involuntary  servitude,  except  for  the 
punishment  of  crime,  shall  cease  to  exist  in  Missouri  on  the  fourth 
day  of  July,  eighteen  hundred  and  seventy ;  and  all  slaves  within  the 
State  at  that  day  are  hereby  declared  to  be  free:  Provided,  however^ 
That  all  persons  emancipated  by  this  ordinance  shall  remain  under 
the  control  and  be  subject  to  the  authority  of  their  late  owners,  rep- 
resentatives, and  assigns,  as  servants,  during  the  following  periods, 
to  wit :  those  over  forty  years  of  age,  for  and  during  their  lives ;  those 
under  twelve  years  of  age,  until  they  arrive  at  the  age  of  twenty-three 
years;  and  those  of  all  other  ages,  until  the  fourth  day  of  July, 
eighteen  hundred  and  seventy-six.  The  persx>ns,  or  their  legal  repre- 
sentatives, who,  up  to  the  moment  of  emancipation,  were  the  owners 
of  the  slaves  thereby  freed,  shall,  during  the  period  for  which  the 
services  of  such  freedmen  are  reserved  to  them,  have  the  same  au- 
thority and  control  over  the  said  freedmen,  for  the  purpose  of 
securing  the  possession  and  services  of  the  same,  that  are  now  held 
absolutely  by  the  master  in  respect  of  his  slaves:  Provided^  however. 
That  after  the  said  fourth  day  of  July,  eighteen  hundred  and  seventy, 
no  person  so  held  to  service  shall  be  sold  to  a  non-resident  of  or 
removed  from  the  State  of  Missouri,  by  the  authority  of  his  late 
owner  or  his  legal  representatives. 

Sec.  8.  That  all  slaves  hereafter  brought  into  this  State,  and  not 
now  belonging  to  citizens  of  this  State,  shall  thereupon  be  free. 

Sec.  4.  All  slaves  removed  by  consent  of  their  owners  to  any  seceded 
State  after  the  passage  by  such  State  of  an  act  or  ordinance  of  seces- 
sion, and  hereafter  brought  into  this  State  by  their  owners,  shall 
thereupon  be  free. 

Sec.  5.  The  general  assembly  shall  have  no  power  to  pass  laws  to 
emancipate  slaves  without  the  consent  of  their  owners. 

Sec.  6.  After  the  passage  of  this  ordinance,  no  slaves  in  this  State 
shall  be  subject  to  State,  county,  or  municipal  taxes. 

Adopted,  July  1,  1863. 


Missouri— 1865  2191 


CONSTITUTION  OF  MISSOURI— 1865  *« 

We,  the  people  of  the  State  of  Missouri,  grateful  to  Almighty  Ood, 
the  sovereign  ruler  of  nations,  for  our  State  government,  our  liberties, 
and  our  connection  with  the  American  Union,  and  acknowledging 
our  dependence  upon  Him  for  the  continuance  of  those  blessings  to  us 
and  our  posterity,  do,  for  the  more  certain  security  thereof,  and  for 
the  better  government  of  this  State,  ordain  and  establish  this  revised 
and  amended  Constitution: 

Article  x 

declaration  of  rights 

That  the  general,  great,  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  established,  and  that  the  relations 
of  this  State  to  the  Union  and  Government  of  the  United  States,  and 
those  of  the  people  of  this  State  to  the  rest  of  the  American  people, 
may  be  defined  and  affirmed,  we  do  declare — 

1.  That  we  hold  it  to  be  self-evident  that  all  men  are  endowed  by 
their  Creator  with  certain  inalienable  rights,  among  which  are  life, 
liberty,  the  enjoyment  of  the  fruits  of  their  OAvn  labor,  and  the  pur- 
suit of  happiness. 

2.  That  there  cannot  be  in  this  State  either  slavery  or  involuntary 
servitude,  except  in  punishment  of  crime,  whereof  the  party  shall 
have  been  duly  convicted. 

3.  That  no  person  can,  on  account  of  color,  be  disqualified  as  a  wit- 
ness or  be  disabled  to  contract  otherwise  than  as  others  are  disabled, 
or  be  prevented  from  acquiring,  holding,  and  transmitting  property, 
or  be  liable  to  any  other  punishment  for  any  offence  than  that  imj^osed 
upon  others  for  a  like  offence,  or  be  restricted  in  the  exercise  of  re- 
ligious worship,  or  be  hindered  in  acquiring  education,  or  be  sub- 
jected, in  law,  to  any  other  restraints  or  disqualifications  in  regard  to 
any  pei'sonal  rights  than  such  as  are  laid  upon  others  imder  like 
circumstances. 

4.  That  all  political  power  is  vested  in  and  derived  from  the  peo- 
ple; that  all  government  of  right  originates  from  the  people,  is 
tounded  upon  their  Avill  only,  and  is  instituted  solely  for  the  good  of 
the  whole. 

5.  That  the  people  of  this  State  have  the  inherent,  sole,  and  exclu- 
sive right  of  regulating  the  internal  government  and  police  thereof 
and  of  altering  and  abolishing  their  constitution  and  form  of  gov- 
ernment whenever  it  may  be  necessary  to  their  safety  and  happiness, 
but  every  such  right  should  be  exercised  in  pursuance  of  law  and 
consistently  with  the  Constitution  of  the  United  States. 

*  Journal  of  the  Missouri  State  Convention,  held  at  The  City  of  St.  Louis. 
January  6-April  10,  1865.  St.  Louis,  Missouri  Democrat,  Print,  conicr  Fourth 
and  Piue  Sts.     18G5.     Appendix  pp.  2.55-277. 

«A  constitution,  which  was  framed  by  a  convention  which  met  at  Jefferson 
City  November  7.  1845,  and  adjourned  January  14,  184<!,  was  rejected  by  the 
people. 

The  constitution  of  1865  was  framed  by  a  convention  which  met  at  Saint 
Louis  January  (5,  18(35,  and  completed  its  labors  April  10,  1865.  It  was  ratified 
by  the  people  January  0,  1865,  receiving  43,670  votes  against  41,808  votes. 


2192  Missouri— 1865 

6.  That  this  State  shall  ever  remain  a  member  of  the  American 
Union;  that  the  peojjle  thereof  are  a  part  of  the  American  nation; 
and  that  all  attempts,  from  Avhatever  source  or  upon  whatever  pre- 
text, to  dissolve  said  Union  or  to  sever  said  nation  oug-ht  to  be  resisted 
with  the  whole  poAver  of  the  State. 

7.  That  every  citizen  of  this  State  owes  paramount  allegiance  to 
the  Constitution  and  Government  of  the  United  States,  and  that  no 
law"  or  ordinance  of  this  State  in  contravention  or  subversion  thereof 
can  have  any  binding  force. 

8.  That  the  people  have  the  right  peaceably  to  assemble  for  their 
common  good,  and  to  apply  to  those  vested  with  the  powers  of  gov- 
ernment for  redress  of  grievances,  by  petition  or  remonstrance;  and 
that  their  right  to  bear  arms  in  defence  of  themselves  and  of  the 
lawful  authority  of  the  State  cannot  be  questioned. 

9.  That  all  men  have  a  natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences; 
that  no  person  can  on  account  of  his  religious  opinions  be  rendered 
ineligible  to  an}^  office  of  trust  or  j^rofit  under  this  State,  nor  be  dis- 
qualified from  testifying  or  from  serving  as  a  juror;  that  no  human 
authority  can  control  or  interfere  w^itli  the  rights  of  conscience,  and 
that  no  person  ought,  by  any  law",  to  be  molested  in  his  person  or 
estate  on  account  of  his  religious  persuasion  or  profession;  but  the 
liberty  of  conscience  hereby  secured  shall  not  be  so  construed  as  to 
excuse  acts  of  licentiousness  nor  to  justify  practices  inconsistent  with 
the  good  order,  peace,  or  safety  of  the  State,  or  Avith  the  rights  of 
others. 

10.  That  no  person  can  be  compelled  to  erect,  support,  or  attend 
any  place  of  worship,  or  maintain  any  minister  of  the  gospel  or 
teacher  of  religion;  but  Avhatever  contracts  any  person  may  enter 
into  for  any  such  object  ought,  in  law,  to  be  binding  and  capable  of 
enforcement,  as  other  contracts. 

11.  That  no  preference  can  ever  be  given,  by  law,  to  any  church, 
sect,  or  mode  of  worship. 

12.  That  no  religious  corporation  can  be  established  in  this  State; 
except  that  by  a  general  law,  uniform  throughout  the  State,  any 
church,  or  religious  society,  or  congregation,  may  become  a  body-cor- 
porate, for  the  sole  purpose  of  acquiring,  holding,  using,  and  dispos- 
ing of  so  much  land  as  may  be  required  for  a  house  of  public  wor- 
ship, a  chapel,  a  parsonage,  and  a  burial-ground,  and  managing  the 
same,  and  contracting  in  relation  to  such  land,  and  the  buildings 
thereon,  through  a  board  of  trustees,  selected  by  themselves;  but  the 
quantity  of  land  to  be  held  by  any  such  body-corporate,  in  connec- 
tion with  a  house  of  Avorship  or  a  parsonage,  shall  not  exceed  five 
acres  in  the  country,  or  one  acre  in  a  town  or  city. 

13.  That  every  gift,  sale,  or  devise  of  land  to  any  minister,  public 
teacher,  or  preacher  of  the  gospel,  as  such,  or  to  any  religious  sect, 
order,  or  denomination ;  or  to  or  for  the  support,  use.  or  benefit  of.  or 
in  trust  for,  any  minister,  public  teacher,  or  preacher  of  the  gospel, 
as  such,  or  any  religious  sect,  order,  or  denomination;  and  CA^ery  gift 
or  sale  of  goods  or  chattels  to  go  in  succession,  or  to  take  place  after 
the  death  of  the  seller  or  donor,  to  or  for  such  support,  use.  or  benefit ; 
and  also  every  devise  cf  goods  or  chattels,  to  or  for  the  support,  use, 


Missouri— 1865  2193 

or  benefit  of  any  minister,  public  teacher,  or  preacher  of  the  gospel, 
as  such,  or  any  religious  sect,  order,  or  denomination,  shall  be  void; 
except  always  any  gift,  sale,  or  devise  of  land  to  a  church,  religious 
society,  or  congregation,  or  to  any  person  or  persons  in  trust  for  the 
use  of  a  church,  religious  society,  or  congregation,  whether  incorpo- 
rated or  not,  for  the  uses  and  ])urposes,  and  within  the  limitations,  of 
the  next  preceding  clause  of  this  article. 

14.  That  all  elections  ought  to  be  free  and  opeu. 

15.  That  courts  of  justice  ought  to  be  open  to  every  j)erson,  and  cer- 
tain remedy  afforded  for  every  injury  to  person,  ])roperty,  or  charac- 
ter; and  that  right  and  justice  ought  to  be  administered  without  sale, 
denial,  or  delay. 

IG.  That  no  ]:)rivate  property  ought  to  be  taken  or  ap]"»li(Hl  to  ])ublic 
use  without  just  comjx'nsntion. 

17.  That  the  right  of  trial  by  jury  shall  remain  inviolate. 

18.  That  in  all  criminal  jirosecutions  the  accused  has  the  right  to 
be  heard  by  himself  and  his  counsel;  to  demand  the  nature  and  cause 
of  accusation;  to  liaA^e  compulsory  process  for  witnesses  in  his  favor; 
to  meet  the  witnesses  against  him  face  to  face;  and,  in  jn-osecutions 
on  presentment  or  indictment,  to  a  speedy  trial  by  an  impartial  jury 
of  the  vicinage ;  that  the  accused  cannot  be  compelled  to  give  evidence 
against  himself,  nor  be  deprived  of  life,  liberty,  or  ]iro]:)erty  but  by 
the  judgment  of  his  peers  or  the  law  of  the  land. 

19.  That  no  person,  after  having  been  once  acquitted  by  a  jury, 
can,  for  the  same  offence,  be  again  put  in  jeopardy  of  life  or  liberty; 
but  if,  in  any  criminal  prosecution,  the  jury  be  divided  in  opinion, 
the  court  before  which  the  trial  shall  be  had  may,  in  its  discretion, 
discharge  the  jury,  and  commit  or  bail  the  accused  for  trial  at  the 
next  term  of  said  court. 

20.  That  all  persons  shall  be  bailable  by  sufficient  sureties,  except 
for  capital  offences,  when  the  proof  is  evident  or  the  ]^resumption 
great. 

21.  That  excessive  bail  shall  not  l)e  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

22.  That  the  })rivilege  of  the  writ  of  luiheas  corpus  cannot  be  sus- 
pended, unless  when,  in  cases  of  rebellion  or  invasion,  the  ])ublic 
safety  may  require  it. 

23.  That  the  people  ought  to  be  secure  in  their  persons,  papers, 
houses,  and  effects,  from  um-easonable  searches  and  seizures;  and  no 
warrant  to  search  any  place,  or  seize  any  person  or  thing,  can  issue, 
Avithout  describing  the  place  to  be  searched,  or  the  person  or  thing 
to  be  seized,  as  nearly  as  may  be;  nor  without  ])robable  cause,  sup- 
ported by  oath  or  aflirmation. 

24.  That  no  person  can.  for  an  indictable  otl'ence  l)e  proceeded 
against  criminally  by  information,  except  in  cases  arising  in  the  land 
or  naval  forces,  or  in  the  militia  when  in  actual  service  in  the  time 
of  war  or  public  danger,  or  by  leave  of  court,  for  oppression  or  mis- 
demeanor in  office, 

25.  That  treason  against  the  State  can  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort. 

20.  That  no  i)erson  can  be  attainted  of  treason  or  felony  by  the 
general  assembly:  that  no  conviction  can  Avork  corrujition  of  blood; 
Tl')-\ — VOL  .".— o7 -;4 


2194  Missouri— 1865 

that  there  can  be  no  forfeiture  of  estate  for  any  crime,  except  treason ; 
and  that  the  estates  of  such  persons  as  may  destroy  their  own  lives 
shall  descend  or  vest  as  in  cases  of  natural  death. 

27.  That  the  free  communication  of  thoughts  and  opinions  is  one 
of  the  invaluable  rights  of  man,  and  that  every  person  may  freely 
speak,  write,  and  print  on  any  subject,  being  responsible  for  the  abuse 
of  that  liberty;  that  in  all  prosecutions  for  libel,  the  truth  thereof 
may  be  given  in  evidence,  and  the  jury  may  determine  the  law  and 
the  facts,  under  the  direction  of  the  court. 

28.  That  no  ex  j)08t  facto  law,  nor  law  impairing  the  obligation  of 
contracts,  or  retrospective  in  its  operation,  can  be  passed. 

29.  That  imprisonment  for  debt  cannot  exist  in  this  state,  except 
for  fines  or  penalties  imposed  for  violation  of  law. 

30.  That  all  property  subject  to  taxation  ought  to  be  taxed  in  pro- 
portion to  its  value. 

31.  That  no  title  of  nobility,  or  hereditary  emolument,  privilege, 
or  distinction,  can  be  granted. 

32.  That  the  militar}^  is,  and  in  all  cases  and  at  all  times  ought 
to  be,  in  strict  subordination  to  the  civil  power:  that  no  soldier  can, 
in  time  of  peace,  be  quartered  in  any  house  without  the  consent  of 
the  oAvner;  nor  in  time  of  war,  but  in  such  manner  as  may  be  pre- 
scribed by  law ;  nor  can  any  appropriation  for  the  support  of  an  army 
be  made  for  a  longer  period  than  two  years. 

Article  II 

EIGHT  or   SUFFRAGE 

Section  1.  All  elections  by  the  people  shall  be  by  ballot.  No  elec- 
tion shall  continue  longer  than  one  day,  except  as  provided  in  the 
twenty-first  section  of  this  article. 

Sec.  2.  General  elections  shall  be  held  biennially,  on  the  Tuesday 
next  after  the  first  Monday  in  November.  The  first  general  election 
under  this  constitution  shall  be  held  on  that  day,  in  the  year  one 
thousand  eight  hundred  and  sixty-six.  Should  CongTess  direct  the 
appointment  of  electors  of  President  and  Vice-President  of  the  United 
States  on  an}"  other  da}^  than  that  now  established,  the  general 
assembly  may  change  the  time  of  holding  general  elections,  so  as  to 
provide  for  holding  them  on  the  day  which  may  be  designated  by 
Congress  for  that  purpose,  and  on  the  corresponding  day  two  years 
thereafter.  No  special  election.  State,  county,  or  municipal,  shall  be 
appointed  to  be  held  on  a  Monday. 

Sec.  3.  At  any  election  held  by  the  people  under  this  constitution, 
or  in  pursuance  of  any  law  of  this  State,  or  under  any  ordinance  or 
by-law  of  any  municipal  corporation,  no  j^erson  shall  be  deemed  a 
qualified  voter  who  has  ever  been  in  armed  hostility  to  the  United 
States,  or  to  the  lawful  authorities  thereof,  or  to  the  government  of 
this  State ;  or  has  ever  given  aid,  comfort,  countenance,  or  support  to 
persons  engaged  in  any  such  hostility;  or  has  ever,  in  anv  manner, 
adhered  to  the  enemies,  foreign  or  domestic,  of  the  United  States, 
either  by  contributing  to  them  or  by  unlawfully  sending  within  their 
lines  mone}',  goods,  letters,  or  information;  or  has  ever  disloyally 
held  communication  with  such  enemies;  or  has  ever  advised  or  aided 


Missouri— 1865  2195 

any  person  to  enter  the  service  of  such  enemies ;  or  has  ever,  by  act  or 
word,  manifested  his  adherence  to  the  cause  of  such  enemies,  or  his 
desire  for  their  triumph  over  the  arms  of  the  United  States,  or  his 
sympathy  with  those  engaged  in  exciting  or  carrying  on  rebellion 
against  the  United  States;  or  has  ever,  except  under  overpowering- 
compulsion,  submitted  to  the  authority,  or  been  in  the  service,  of  the 
so-called  '"  Confederate  States  of  America  ; ''  or  has  ever  left  this  State, 
and  gone  within  the  lines  of  the  armies  of  the  so-called  "  Confederate 
States  of  America,''  with  the  purpose  of  adhering  to  said  States  or 
armies;  or  has  ever  been  a  member  of,  or  connected  with,  any  order, 
society,  or  organization,  inimical  to  the  Government  of  the  United 
States,  or  to  the  government  of  this  State ;  or  has  ever  been  engaged 
in  guerrilla  warfare  against  loyal  inhabitants  of  the  United  States, 
or  in  that  description  of  marauding  commonly  known  as  '*  bush- 
whacking; "  or  has  ever  knowingly  and  Avillingly  harbored,  aided,  or 
countenanced  any  person  so  engaged ;  or  has  ever  come  into  or  left 
this  State,  for  the  purpose  of  avoiding  enrolment  for  or  draft  into  the 
military  service  of  the  United  States;  or  has  ever,  with  a  view  to 
avoid  enrolment  in  the  militia  of  this  State,  or  to  escape  the  per- 
formance of  duty  therein,  or  for  any  other  purpose,  enrolled  himself, 
or  authorized  himself  to  be  enrolled,  by  or  before  any  officer,  as  dis- 
loyal, or  as  a  southern  sympathizer,  or  in  any  other  terms  indicating 
his  disa flection  to  the  Government  of  the  United  States  in  its  contest 
with  rebellion,  or  his  sympathy  with  those  engaged  in  such  rebellion; 
or,  having  ever  voted  at  any  election  by  the  people  in  this  State,  or  in 
any  other  of  the  United  States,  or  in  any  other  of  their  Territories, 
or  held  office  in  this  State,  or  in  any  other  of  the  United  States,  or  in 
any  of  their  Territories,  or  under  the  United  States,  shall  thereafter 
have  sought  or  received,  under  claim  of  alienage,  the  protection  of 
any  foreign  government,  through  any  consul  or  other  officer  thereof, 
in  order  to  secure  exemption  from  military  duty  in  the  militia  of  this 
State,  or  in  the  Army  of  the  United  States;  nor  shall  any  such  person 
be  capable  of  holding  in  this  State  any  office  of  honor,  trust,  or  profit 
under  its  authority ;  or  of  being  an  officer,  councilman,  director, 
trustee,  or  other  manager  of  any  corporation,  public  or  private,  noAv 
existing  or  hereafter  established  by  its  authority;  or  of  acting  as  a 
professor  or  teacher  in  any  educational  institution,  or  in  any  connnon 
or  other  school ;  or  of  holding  any  real  estate  or  other  property  in 
trust  for  the  use  of  any  church,  religious  society,  or  congregation. 
But  the  foregoing  provisions  in  relation  to  acts  done  against  the 
United  States  shall  not  apply  to  any  person  not  a  citizen  thereof,  who 
shall  have  connnitted  such  acts  while  in  the  service  of  some  foreign 
country  at  war  with  the  United  States,  and  who  has,  since  such  acts, 
been  naturalized,  or  may  hereafter  be  naturalized,  under  the  laws  of 
the  ITnited  States;  and  the  oath  of  loyalty  hereinafter  prescribed, 
when  taken  l)y  any  such  person,  shall  be  considered  as  taken  in  such 
sense. 

Sec.  4.  The  general  assembly  shall  immediately  provide  by  law  for 
a  complete  and  uniform  registration,  by  election  disti'icts,  of  the 
names  of  qualified  voters  in  this  State:  which  registration  shall  be 
evidence  of  the  qualification  of  all  registered  voters  to  vote  at  any 
election  thereafter  held ;  but  no  person  shall  be  excluded  from  voting 
at  any  election,  on  account  of  not  being  registered,  until  the  general 


2196  Missouri— 1865 

assembly  shall  have  passed  an  act  of  registration,  and  the  same  shall 
have  been  carried  into  effect;  after  which  no  person  shall  vote  imless 
his  name  shall  have  been  registered  at  least  ten  days  before  the  day 
of  the  election,  and  the  fact  of  such  registration  shall  be  no  otherwise 
shown  than  by  the  register,  or  an  -authentic  copy  thereof,  certified  to 
the  judges  of  election  by  the  registering  officer  or  oificers.  or  other 
constituted  authority.  A  new  registration  shall  be  made  within  sixty 
days  next  preceding  the  tenth  day  prior  to  every  biennial  general 
election;  and  after  it  shall  have  been  made,  no  person  shall  establish 
his  right  to  vote  by  the  fact  of  his  name  appearing  on  any  previous 
register. 

Sec.  5.  Until  such  a  system  of  registration  shall  have  been  estab- 
lished, every  person  shall,  at  the  time  of  offering  to  vote,  and  before 
his  vote  shall  be  received,  take  an  oath  in  the  terms  prescribed  in 
the  next  succeeding  section.  After  such  a  system  shall  have  been 
established,  the  said  oath  shall  be  taken  and  subscribed  l)y  the  voter 
at  each  time  of  his  registration.  Any  person  declining  to  take  said 
oath  shall  not  be  allowed  to  vote  or  to  be  registered  as  a  qualified 
voter.  The  taking  thereof  shall  not  be  deemed  conclusive  evidence 
of  the  right  of  the  person  to  vote,  or  to  be  registered  as  a  voter ;  but 
such  right  may,  notwithstanding,  be  disproved.  And  after  a  .sys- 
tem of  registration  shall  have  been  established,  all  evidence  for  and 
against  the  right  of  any  person  as  a  qualified  voter  shall  be  heard 
and  passed  upon  by  the  registering  officer  or  officers,  and  not  by  the 
judges  of  election.  The  registering  officer  or  officers  shall  keep  a 
register  of  the  names  of  persons  rejected  as  voters,  and  the  same 
shall  be  certified  to  the  judges  of  election;  and  they  shall  receive 
the  ballot  of  any  such  rejected  voter  offering  to  vote,  marking  the 
same  and  certifying  the  vote  thereby  given,  as  rejected;  but  no  such 
vote  shall  be  received  unless  the  party  offering  it  take,  at  the  time, 
the  oath  of  loyalty  hereinafter  prescribed. 

Sec.  0.  The  oath  to  be  taken  as  aforesaid  shall  be  known  as  the 
oath  of  loyalty,  and  shall  be  in  the  following  terms : 

'*  I,  A.  13.,  do  solemnl}"  swear  that  I  am  well  acquainted  with  the 
terms  of  the  third  section  of  the  second  article  of  the  constitution  of 
the  State  of  Missouri,  adopted  in  the  year  eighteen  hundred  and 
sixty-five,  and  have  carefully  considered  the  same;  that  I  have 
never,  directly  or  indirectly,  done  any  of  the  acts  in  said  section 
specified;  that  I  have  always  been  truly  and  loyally  on  the  side  of 
the  United  States  against  all  enemies  thereof,  foreign  and  domestic; 
that  I  will  bear  true  faith  and  allegiance  to  the  United  States,  and 
Avill  support  the  Constitution  and  laws  thereof,  as  the  supreme  law 
of  the  land,  any  law  or  ordinance  of  anj''  State  to  the  contrarj-  not- 
withstanding; that  I  will,  to  the  best  of  my  ability,  protect  and 
defend  the  Union  of  the  United  States,  and  not  allow  the  same  to  be 
broken  up  and  dissolved,  or  the  GoA'ernment  thereof  to  be  destroyed 
or  overthrown,  under  any  circumstances,  if  in  my  power  to  prevent 
it;  that  I  will  support  the  constitution  of  the  State  of  Missouri; 
and  that  I  make  this  oath  without  any  mental  reservation  or  evasion, 
and  hold  it  to  be  binding  on  me."' 

Sec.  7.  Within  sixty  days  after  this  constitution  takes  effect,  every 
person  in  this  State'  holding  any  office  of  honor,  trust,  or  profit 
under  the  constitution  or  laws  thereof,  or  under  any  municipal  cor- 
poration, or  any  of  the  other  offices,  positions,  or  trusts  mentioned  in 


Missouri~1865  2197 

the  third  section  of  this  article,  shall  take  and  subscribe  the  said 
oath.  If  any  officer  or  person  referred  to  in  this  section  shall  fail 
to  comply  with  the  requirements  thereof,  his  office,  j)osition.  or  trust 
shall,  ipso  facto^  become,  vacant,  and  the  vacancy  shall  be  filled  ac- 
cording to  the  law  governin<>:  the  case. 

Sec.  8.  No  vote  in  any  election  by  the  people  shall  be  cast  up  for. 
nor  shall  any  c^-rtificate  of  election  be  granted  to,  any  ])erson.  who 
shall  not,  Avithin  fifteen  days  next  preceding  such  election,  have  taken, 
subscribed,  and  hied  said  oath. 

Sec.  9.  No  person  shall  assume  the  duties  of  any  State,  county, 
city,  town,  or  other  office,  to  which  he  may  be  appointed,  otherwise 
than  by  a  vote  of  the  people;  nor  shall  any  person,  after  the  expira- 
tion of  sixty  days  after  this  constitution  takes  effect,  be  jiermitted 
to  practise  as  an  attorney  or  counsellor  at  law;  nor,  after  that  time, 
shall  any  person  be  competent  as  a  bishoj),  priest,  deacon,  minister, 
elder,  or  other  clergyman  of  any  religious  persuasion,  sect,  or  de- 
nomination, to  teach  or  preach,  or  solemnize  marriages,  unless  such 
person  shall  have  first  taken,  subscribed,  and  filed  said  oath. 

Sec.  10.  Oaths  taken  in  pursuance  of  the  seventh,  eighth,  and  ninth 
sections  of  this  article  shall  be  filed  as  follows :  by  a  State  civil  officer, 
or  a  candidate  for  a  State  civil  office,  and  by  members  and  officers  of 
the  present  general  assembly,  in  the  office  of  the  secretary  of  state; 
by  a  military  officer,  in  the  office  of  the  adjutant-general;  by  a  candi- 
date for  either  house  of  the  general  assembly,  in  the  clerk's  office  of 
the  county  court  of  the  county  of  his  residence,  or  in  that  of  the 
county  where  the  vote  of  the  district  is  required  by  law  to  be  cast  up, 
and  the  certificate  of  election  granted ;  by  a  citj'  or  town  officer,  in  the 
office  Avhere  the  archives  of  such  city  or  town  are  kept ;  and  in  all 
other  cases,  in  the  office  of  the  clerk  of  the  county  court  of  the  county 
of  the  person's  residence. 

Sec.  11.  Every  court  in  which  any  person  shall  be  summoned  to 
serve  as  a  grand  or  petit  juror  shall  require  him,  before  he  is  sworn 
as  a  juror,  to  take  such  oath,  in  open  court ;  and  no  person  refusing 
to  take  the  same  shall  serve  as  a  juror. 

Sec.  12.  If  any  person  shall  declare  that  he  has  conscientious 
scruples  against  taking  an  oath,  or  swearing  in  any  form,  the  said 
oath  nuiy  be  changed  into  a  solemn  affirmation,  and  be  made  by  him 
in  that  form. 

Sec.  13.  In  addition  to  the  oath  of  loyalty  aforesaid,  every  person 
who  nuiy  be  elected  or  ap[)()inted  to  any  office  shall,  before  entering 
upon  its  duties,  take  and  subscribe  an  oath  or  affinnation  that  he  will 
to  the  best  of  his  skill  and  ability,  diligently  and  faithfully,  without 
partiality  or  prejudice,  discharge  the  duties  of  such  office  according 
to  the  constitution  and  laws  of  this  State. 

Sec.  14.  "N^lioever  shall,  after  the  times  limited  in  the  seventh  and 
ninth  sections  of  this  article,  hold  or  exercise  any  of  the  offices,  posi- 
tions, trusts,  professions,  or  functions  therein  specified,  without  hav- 
ing taken,  subscribed,  and  filed  said  oath  of  loyalty,  shall,  on  convic- 
tion thereof,  be  punished  by  fine,  not  less  than  five  hundred  dollars, 
or  by  imprist)nment  in  the  county  jail  not  less  than  six  months,  or  by 
both  such  fine  and  imprisomuent :  and  whoever  shall  take  said  oath 
falsely,  by  swearing  or  by  affirmation,  shall,  on  conviction  thereof,  be 
adjudged  guilty  of  purjury,  and  be  punished  by  imprisonment  in  the 
penitentiary  not  less  than  two  years. 


2198  Missouri— 1865 

Sec.  15.  A^lioever  shall  be  convicted  of  having  directly  or  indi- 
rectly given  or  offered  any  bribe  to  procure  his  election  or  appoint- 
ment to  any  office  shall  be  disqualified  for  any  office  of  honor,  trust, 
or  profit  under  this  State;  and  whoever  shall  give  or  offer  any  bribe 
to  jjrocure  the  election  or  appointment  of  any  other  person  to  any 
office  shall,  on  conviction  thereof,  be  disqualified  for  a  voter,  or  any 
office  of  honor,  trust,  or  profit  under  this  State,  for  ten  years  after 
such  conviction. 

Sec.  16.  No  officer,  soldier,  or  marine  in  the  Regular  Army  or  Navy 
of  the  United  States  shall  be  entitled  to  vote  at  any  election  in  this 
State. 

Sec.  17.  No  person  who  shall  make,  or  become  directly  or  indirectly 
interested  in,  any  bet  or  wager  depending  upon  the  result  of  any  elec- 
tion shall  vote  at  such  election. 

Sec.  18.  Every  white  male  citizen  of  the  United  States,  and  every 
white  male  person  of  foreign  birth  who  may  have  declared  his  inten- 
tion to  become  a  citizen  of  the  United  States,  according  to  law,  not 
less  than  one  year  nor  more  than  five  years  before  he  offers  to  vote, 
who  is  over  the  age  of  twenty-one  years,  who  is  not  disqualified  by  or 
under  any  of  the  provisions  of  this  constitution,  and  who  shall  have 
complied  with  its  requirements,  and  have  resided  in  this  State  one 
year  next  preceding  any  election,  or  next  preceding  his  registration 
as  a  voter,  and  during  the  last  sixty  days  of  that  period  shall  have 
resided  in  the  county,  city,  or  town  where  he  offers  to  vote,  or  seeks 
registration  as  a  voter,  shall  be  entitled  to  vote  at  such  election  for 
all  officers.  State,  comity,  or  municipal,  made  elective  by  the  people; 
1)ut  he  shall  not  vote  elsewhere  than  in  the  election  district  of  which 
he  is  at  that  time  a  resident,  or,  after  a  S3^stem  of  registration  of  votes 
shall  have  been  established  in  the  election  district  where  his  name  is 
registered,  except  as  provided  in  the  twenty-first  section  of  this  article. 

Sec.  19.  After  the  first  da}^  of  January,  one  thousand  eight  hun- 
dred and  seventy-six,  every  person  who  was  not  a  qualified  voter  prior 
to  that  time  shall,  in  addition  to  the  other  qualifications  required,  be 
able  to  read  and  write  in  order  to  become  a  qualified  voter:  unless  his 
inability  to  read  or  write  shall  be  the  result  of  a  physical  disability. 

Sec.  20.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to 
have  gained  or  lost  a  residence  by  reason  of  his  presence  or  absence 
while  employed  in  the  service  of  the  United  States,  nor  while  engaged 
in  the  navigation  of  the  w  aters  of  this  State,  or  of  the  United  States, 
or  of  the  high  seas  nor  while  a  student  in  any  seminary  of  learning 
nor  while  kept  at  any  poor-house  or  other  asylum  at  jjublic  expense 
nor  while  confined  in  any  public  prison. 

Sec.  21.  Any  qualified  A^oter  under  the  eighteenth  section  of  this 
article,  who  may  be  absent  from  the  place  of  his  residence  by  reason 
of  being  in  the'  volunteer  army  of  the  United  States,  or  in  the  militia 
force  of  this  State,  in  the  service  thereof,  or  of  the  United  States, 
whether  within  or  without  the  State,  shall,  without  registration,  be 
entitled  to  vote  in  2iit\y  election  occuring  during  such  absence.  The 
votes  of  all  such  persons,  where^'er  they  may  be,  may  be  taken  on  the 
da}'  fixed  by  law  for  such  election,  or  on  any  clay  or  days  within 
twenty  days  next  prior  thereto;  and  the  general  assembly  shall  pro- 
vide by  law  for  the  taking,  return,  and  counting  of  such  votes. 
Every  such  ]:)erson  shall  take  the  same  oath  that  all  other  voters  may 
be  required  to  take  in  order  to  vote. 


Missouri— 1865  2199 

Sec.  22.  Voters  shall,  in  all  cases  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest  during  their  continuance  at 
election  and  in  going  to  and  returning  from  the  same. 

Sec.  23.  Any  person  who  may  at  any  time  have  done  any  act  which, 
under  the  third  section  of  this  article,  has  disqualified  or  may  dis- 
qualify him,  as  therein  expressed,  and  who  shall,  after  the  commission 
of  such  act,  have  voluntarily  entered  the  military  service  of  the 
United  States,  and  have  been  honorably  discharged  therefrom,  and 
after  such  discharge  have  demeaned  himself  in  all  respects  as  a  loyal 
and  faithful  citizen,  may  be  relieved  from  such  disqualification.  In 
order  thereto,  he  shall,  in  person,  present  his  petition  to  the  circuit 
court  of  the  county  of  his  residence,  stating  specifically  the  act  or  acts 
which  produced  such  disqualification,  and  the  grounds  upon  which 
he  prays  to  be  relieved  therefrom;  and  the  court  shall  set  a  day  for 
hearing  the  cause,  not  less  than  five  days  after  the  presentation  of  the 
petition ;  when,  if  it  appear  by  competent  proof  that  the  petitioner 
is  justly  entitled  to  the  relief  prayed  for,  the  court  shall  make  a 
decree  removing  such  disqualification.  But  any  act  done  by  such 
person  after  the  date  of  such  decree,  which  would  impose  a  disqualifi- 
cation under  the  said  third  section  of  this  article,  shall  make  such 
decree  null  and  void,  and  remit  him  to  his  previous  condition  of  dis- 
qualification :  and  no  such  decree  shall  be  granted  a  second  time  in 
his  favor. 

Sec.  24.  After  any  person  shall  have  been  relieved  by  the  decree 
of  a  circuit  court,  he  shall,  in  order  to  vote  or  hold  any  of  the  offices, 
positions,  or  trusts,  or  exercise  any  of  the  privileges  or  functions 
hereinbefore  specified,  take  the  oath  of  loyalty  aforesaid,  except  the 
part  thereof  which  refers  to  the  third  section  of  this  article  and  to 
the  past  acts  or  loyalty  of  the  person  taking  the  oath. 

Sec.  2.5.  After  the  first  day  of  January,  one  thousand  eight  hundred 
and  seventy-one,  and  until  the  date  hereinafter  named,  the  general 
assembly  shall  have  power,  if  a  majority  of  all  the  members  elected  to 
both  houses  concur  therein,  to  suspend  or  repeal  any  part  of  the  third, 
fifth,  and  sixth  sections  of  this  article,  so  far  as  the  same  relate  to  the 
qualification  of  voters,  but  no  further.  After  the  first  day  of  Jan- 
uary, one  thousand  eight  hundred  and  seventy-five,  the  genei-al  assem- 
bly may  wholly  suspend  or  repeal  the  third,  fourth,  fifth,  sixth, 
eighth,  ninth,  tenth,  eleventh,  and  twelfth  sections  of  this  article,  or 
any  part  thereof,  if  a  like  majority  of  both  houj^es  concur  therein. 
But  no  such  suspension  or  repeal  shall  have  the  efl'ect  of  dispensing 
with  the  taking,  by  every  person  elected  or  appointed  to  any  office  in 
this  State,  of  so  much  of  the  oath  of  loyalty  aforesaid  as  follows  the 
word  "  domestic."  On  the  passage  of  any  bill  suspending  or  repeal- 
ing any  of  said  sections,  or  an}^  part  thereof,  the  votes  of  both  houses 
shall  be  taken  by  yeas  and  nays,  and  entered  on  the  journals  of  the 
houses,  respectiveh^  The  general  assembly  shall  also  have  power,  at 
any  time,  to  remove  any  such  suspension  or  repeal,  and  reinstate  the 
provisions  suspended  or  repealed,  in  full  force  and  ell'ect  as  a  part 
of  this  constitution.  Every  suspension  or  repeal  made  in  i^ursuance 
of  this  section  shall  be  general  in  its  terms,  and  not  in  any  case  in 
favor  of  any  named  person;  but  the  general  assembly  may  except 
from  the  benefit  of  such  suspension  or  repeal  any  person  or.  class  of 
persons  it  may  see  fit. 


2200  Missouri— ISeS 

Sec,  2(i.  The  general  assembly  shall  provide  for  the  exclusion  from 
every  office  of  honor,  trust,  or  profit  within  this  State,  and  from  the 
right  of  suffrage,  of  any  person  convicted  of  bribery,  perjury,  or  other 
infamous  crime. 

Article  III 

DISTRIBUTION    OF    POWERS 

The  powers  of  government  shall  be  divided  into  three  distinct  de- 
partments, each  of  which  shall  be  confided  to  a  separate  magistracy : 
and  no  person  charged  with  the  exercise  of  powers  properly  belonging 
to  one  of  those  departments  shall  exercise  any  power  properly  belong- 
ing to  either  of  the  others,  except  in  the  instances  hereinafter  ex- 
pressly directed  or  permitted. 

Article  IV 

LEGISLATIVE    DEPARTMENT 

Section  1.  The  legislative  power  shall  be  vested  in  a  general  as- 
sembly, which  shall  consist  of  a  senate  and  a  house  of  representatives. 

Sec.  2.  The  house  of  representatives  shall  consist  of  members  to 
be  chosen  every  second  year  by  the  qualified  voters  of  the  several 
counties,  and  apportioned  in  the  following  manner : 

The  ratio  of  representation  shall  be  ascertained  at  each  apportion- 
ing session  of  the  general  assembly,  by  dividing  the  whole  number  of 
permanent  inhabitants  of  the  State  bj'  the  number  two  hundred. 
Each  county  having  one  ratio,  or  less,  shall  be  entitled  to  one  repre- 
sentative; each  county  having  three  times  said  ratio  shall  be  entitled 
to  two  representatives;  each  county  having  six  time  said  ratio  shall  be 
entitled  to  three  representatives;  and  so  on  above  that  number,  giving 
one  additional  member  for  every  three  additional  ratios.  '\^nien  any 
county  shall  be  entitled  to  more  than  one  representative,  the  county 
court  shall  cause  such  county  to  be  subdivided  into  as  many  compact 
and  convenient  districts  as  such  county  may  be  entitled  to  representa- 
tives ;  which  districts  shall  be,  as  near  as  may  be,  of  equal  population ; 
and  the  qualified  voters  of  each  of  such  districts  shall  elect  one  repre- 
sentative, who  shall  be  a  resident  of  such  district. 

Sec.  3.  Xo  person  shall  be  a  member  of  the  house  of  representatives 
who  shall  not  have  attained  the  age  of  twenty-four  years;  who  shall 
not  be  a  white  male  citizen  of  the  United  States ;  wdio  shall  not  have 
been  a  qualified  voter  of  this  State  two  years,  and  an  inhabitant  of 
the  county  Avhich  he  may  be  chosen  to  represent  one  year  next  before 
the  day  of  his  election,  if  such  county  shall  have  been  so  long  estab- 
lished; but  if  not,  then  of  the  county  from  which  the  same  shall  have 
been  taken ;  and  who  shall  not  have  paid  a  State  and  county  tax. 

Sec.  4.  The  senate  shall  consist  of  thirty -four  members,  to  be 
chosen  by  the  qualified  voters  for  four  years ;  for  the  election  of  whom 
the  State  shall  be  divided  into  convenient  districts. 

Sec.  5.  Xo  person  shall  be  a  senator  who  shall  not  have  attained  the 
age  of  thirty  years;  who  shall  not  be  a  white  male  citizen  of  the 
United  States;  who  shall  not  have  been  a  qualified  voter  of  this  State 
three  years,  and  an  inhabitant  of  the  district  which  he  may  be  chosen 


Missouri— 186S  2201 

to  represent  one  year  next  before  the  day  of  his  election,  if  such  district 
shall  have  been  so  long  established ;  but  if  not,  then  of  the  district  or 
districts  from  which  the  same  shall  have  been  taken;  and  who  shall 
not  have  paid  a  State  and  county  tax.  AVhen  any  county  shall  be 
entitled  to  more  than  one  senator,  the  county  court  shall  cause  such 
county  to  be  subdivided  into  as  many  compact  and  convenient  districts 
as  such  county  may  l^e  entitled  to  senators;  which  districts  shall  be.  as 
near  as  may  be,  of  equal  population ;  and  the  qualified  voters  of  each 
of  such  districts  shall  elect  one  senator,  who  shall  be  a  resident  of  such 
district. 

Sec.  6.  Senators  shall  be  apportioned  among  their  respective  dis- 
tricts, as  nearly  as  may  be,  according  to  the  number  of  permanent 
inhabitants  in  each. 

Sec.  7.  Senators  and  representatives  shall  be  chosen  according  to 
the  rule  of  apportionment  established  in  this  constitution,  until  the 
next  decennial  census  taken  b}'  the  United  States  shall  have  been 
made-  and  the  result  thereof  as  to  this  State  ascertained,  when  the 
apportionment  shall  be  revised  and  adjusted  on  the  basis  of  that 
census.  In  the  year  one  thousand  eight  hundred  and  seventy-six, 
and  every  tenth  year  thereafter,  there  shall  be  taken,  under  the  au- 
thority of  this  State,  a  census  of  the  inhabitants  thereof;  and  after 
every  such  census  the  apportionment  of  senators  and  representatives 
may  be  based  thereon,  until  the  next  succeeding  national  census; 
aftei-  which  it  may  be  based  upon  the  national  census,  until  the  next 
succeeding  decennial  State  census;  and  so  on,  from  time  to  time,  the 
enumerations  made  by  the  United  States  and  this  State  shall  be  used, 
as  they  respectively  occur,  as  the  basis  of  apportionment. 

Sec.  8.  Senatorial  and  representative  districts  may  be  altered,  from 
time  to  time,  as  public  convenience  may  require.  AVhen  any  sena- 
torial district  shall  be  composed  of  two  or  more  counties,  they  shall 
be  contiguous. 

Sec.  0.  The  first  election  of  senators  and  representatives  under  this 
constituiion  shall  be  held  at  the  general  election  in  the  year  one  thou- 
sand eight  hundred  and  sixty-six,  when  the  whole  number  of  senators 
and  representatives  shall  be  chosen. 

Sec.  10.  At  the  regular  session  of  the  general  assembly  chosen  at 
said  election,  the  senators  shall  be  divided  into  two  equal  classes. 
Those  elected  from  districts  bearing  odd  numbers  shall  compose  the 
first  class,  and  those  elected  from  districts  bearing  even  numbers 
shall  compose  the  second  class.  The  seats  of  the  first  class  shall  be 
vacated  at  the  end  of  the  second  year  after  the  day  of  said  election, 
and  those  of  the  second  class  at  the  end  of  the  fourth  year  after  that 
day;  so  that  one-half  of  the  senators  shall  be  chosen  ever}^  second 
year.  In  districtmg  any  county  for  the  election  of  senators,  the  dis- 
tricts shall  be  mnnbored,  so  as  to  eft'ectuate  the  division  of  senators 
into  classes,  as  re(inired  in  this  section. 

Sec.  11.  No  member  of  Congress,  or  person  holding  any  lucrative 
office  under  the  United  States  or  this  State  (militia  officers,  justices 
of  the  peace,  and  notaries  public  excepted)  shall  be  eligible  to  either 
house  of  tlie  general  assembly,  or  shall  remain  a  member  thereof  after 
ha^'ing  ac("cpted  any  such  office,  or  a  seat  in  either  House  of  Congress. 

Sec.  12.  No  person  who  now  is  or  may  hereafter  be  a  collector  or 
holder  of  public  money,  or  assistant  or  deput}'  of  such  collector  or 


2202  Missouri— 1865 

holder  of  public  money,  shall  be  eligible  to  either  house  of  the  gen- 
eral assembh'  until  he  shall  have  accounted  for  and  paid  all  sums  for 
which  he  may  be  accountable. 

Sec.  13.  If  any  senator  or  representative  remove  his  residence  from 
the  district  or  county  for  which  he  was  elected,  his  office  shall  thereby 
be  vacated. 

Sec.  14.  The  governor  shall  issue  writs  of  election  to  fill  such  va- 
cancies as  may  occur  in  either  house  of  the  general  assembly. 

Sec.  15.  No  senator  or  representative  shall,  during  the  term  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office 
under  this  State,  which  shall  have  been  created,  or  the  emoluments  of 
which  shall  have  been  increased,  during  his  continuance  in  office  as 
a  senator  or  representative,  except  to  such  offices  as  shall  be  filled  by 
elections  of  the  people. 

Sec.  16.  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  for  fifteen  days  next  before 
the  commencement  and  after  the  termination  of  each  session ;  and  for 
any  speech  or  debate  in  either  house  they  shall  not  be  questioned  in 
any  other  place. 

Sec.  17.  The  members  of  the  general  assembly  shall  severally  re- 
ceive from  the  public  treasury  such  compensation  for  their  services  as 
may,  from  time  to  time,  be  provided  by  law;  but  no  law  increasing 
such  compensation  shall  take  effect  in  favor  of  the  members  of  the 
general  assembly  by  which  the  same  shall  have  been  passed. 

Sec.  18.  A  majority  of  the  whole  number  of  members  of  each  house 
shall  constitute  a  quorum  to  do  business;  but  a  smaller  number  may 
adjourn  from  day  to  day,  and  may  compel  the  attendance  of  absent 
members  in  such  manner  and  under  such  penalties  as  each  house  may 
provide. 

Sec.  19.  Each  house  shall  appoint  its  own  officers;  shall  judge  of 
the  qualifications,  elections,  and  returns  of  its  own  members ;  may  de- 
termine the  rules  of  its  proceedings ;  may  arrest  and'  punish,  by  fine 
not  exceeding  three  hundred  dollars,  or  by  imprisonment  in  a  count\'^ 
jail  not  exceeding  ten  days,  or  both,  any  person,  not  a  member,  who 
shall  be  guilty  of  disrespect  to  the  house  by  any  disorderly  or  con- 
temptuous behavior  in  its  presence  during  its  session ;  may  punish 
its  members  for  disorderly  behavior;  and,  with  the  concurrence  of 
two-thirds  or  all  the  members  elected,  may  expel  a  member;  but  no 
member  shall  be  expelled  a  second  time  for  the  same  cause. 

Sec.  20.  Each  house  shall,  from  time  to  time,  publish  a  journal  of 
its  proceedings,  except  such  parts  thereof  as  may,  in  its  opinion, 
require  secrecy ;  and  the  yeas  and  nays  on  any  question  shall  be  taken 
and  entered  on  the  journal,  at  the  desire  of  any  two  members.  ^Mien- 
ever  the  yeas  and  nays  are  demanded  the  whole  list  of  members  shall 
be  called,  and  the  names  of  absentees  shall  be  noted,  and  published 
with  the  journal. 

Sec.  21.  The  sessions  of  each  house  shall  be  held  with  open  doors, 
except  in  cases  which  may  require  secrecy. 

Sec.  22.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  two  days  at  any  one  time,  nor  to  any  other  place 
than  that  in  which  the  two  houses  may  be  sitting. 


Missouri— 1865  2203 

Sec.  23.  Bills  may  originate  in  either  house,  and  may  Ix'  altered, 
amended,  or  rejected  by  the  other:  and  every  bill  shall  be  read  on 
three  different  days  in  each  honse.  unless  two-thirds  of  the  house 
where  the  same  is  pending  shall  disj^ense  with  this  rule;  and  every 
bill,  having  j^assed  both  houses,  shall  be  signed  by  the  speaker  of  the 
house  of  representatives  and  by  the  president  of  the  senate. 

Sec.  24.  No  bill  shall  be  passed  unless  by  the  assent  of  a  majority 
of  all  the  members  elected  to  each  branch  of  the  general  assembly; 
and  the  question  upon  the  final  passage  shall  be  taken  immediately 
upon  the  last  reading;  and  the  yeas  and  nays  shall  be  taken  thereon 
and  entered  upon  the  journal. 

Sec.  25.  No  act  shall  be  revived  or  reenacted  by  mere  reference  to 
the  title  thereof ;  nor  shall  any  act  be  amended  by  providing  that  des- 
ignated words  thereof  shall  be  struck  out,  or  that  designated  words 
shall  be  struck  out  and  others  inserted  in  lieu  thereof;  but  in  every 
such  case  the  act  revived  or  reenacted,  or  the  act,  or  part  of  act, 
amended,  shall  be  set  forth  and  published  at  length,  as  if  it  Avere  an 
original  act  or  provision. 

Sec.  26.  The  style  of  the  laws  of  this  State  shall  be,  "^e  it  enacted 
hy  the  general  assernhly  of  the  State  of  Missonri^  as  folloics:  " 

Sec.  27.  The  general  assembly  shall  not  pass  special  laws  divorcing 
any  named  parties ;  or  declaring  any  named  person  of  age ;  or  author- 
izing any  named  minor  to  sell,  lease,  or  incumber  his  or  her  property; 
or  providing  for  the  sale  of  the  real  estate  of  any  named  minor  or 
other  person,  laboring  under  legal  disability,  by  any  executor,  admin- 
istrator, guardian,  trustee,  or  other  person ;  or  changing  the  name  of 
any  person ;  or  establishing,  locating,  altering  the  course,  or  affecting 
the  construction  of  roads,  or  the  building  or  repairing  of  bridges; 
or  establishing,  altering,  or  vacating  any  street,  avenue,  or  alley  in 
any  city  or  town ;  or  extending  the  time  for  the  assessment  or  collec- 
tion of  taxes,  or  otherwise  relieving  any  assessor  or  collector  of  taxes 
from  the  due  performance  of  his  official  duties;  or  giving  effect  to 
informal  or  invalid  wills  or  deeds;  or  legalizing,  except  as  against 
the  State,  the  unauthorized  or  invalid  acts  of  any  officer ;  or  granting 
to  any  individual  or  company  the  right  to  lay  down  railroad  tracks 
in  the  streets  of  any  city  or  town ;  or  exempting  any  property  of  any 
named  person  or  corporation  from  taxation.  The  general  assembly 
shall  pass  no  special  law  for  any  case  for  which  provision  can  be 
made  by  a  general  law ;  but  shall  pass  general  laws  providing,  so  far 
as  it  may  deem  necessary  for  the  cases  emnnerated  in  this  section,  and 
for  all  other  cases  where  a  general  law  can  be  made  ap])licable. 

Sec.  28.  The  general  assembly  shall  never  authorize  any  lottery; 
nor  shall  the  sale  of  lottery-tickets  be  allowed;  nor  shall  any  lottery 
heretofore  authorized  be  permitted  to  be  drawn,  or  tickets  therein 
to  be  sold. 

Sec.  29.  The  general  assembly  shall  have  no  power  to  make  com- 
pensation for  emancipated  slaves. 

Sec.  30.  The  general  assembly  shall  have  no  ])ower  to  remove  the 
county  seat  of  any  county,  unless  two-thirds  of  the  (pialified  voters  of 
the  county,  at  a  general  election,  shall  vote  in  favor  of  such  removal. 
Ko  compensation  or  indemnity  for  real  estate,  or  the  improvements 
thereon,  affected  by  such  removal,  shall  be  allowed. 


2204  Missouri— 1865 

Sec.  31.  The  general  assembly  shall  have  no  power  to  establish 
any  new  county  Avith  a  territory  of  less  than  five  hundred  square 
miles,  or  Avith  a  jjopulation  less  than  the  ratio  of  representation  ex- 
isting at  the  time;  nor  to  reduce  any  county  now  established  to  less 
than  that  area,  or  to  less  population  than  such  ratio. 

Sec.  32.  No  law  enacted  by  the  general  assembly  shall  relate  to 
more  than  one  subject,  and  that  shall  be  expressed  in  the  title;  but  if 
any  subject  embraced  in  an  act  be  not  expressed  in  the  title,  such  act 
shall  be  void  only  as  to  so  much  thereof  as  is  not  so  expressed. 

Sec.  33.  The  general  assembly  shall  direct,  by  law,  in  what  manner 
and  in  what  courts  suits  may  be  brought  against  the  State. 

Sec.  34.  When  any  officer,  civil  or  military,  shall  be  appointed  by 
the  joint  or  concurrent  vote  of  both  houses,  or  by  the  separate  vote  of 
either  house,  the  vote  shall  be  publicly  given  vhm  voee^  and  entered 
on  the  journals. 

Sec.  35.  The  general  assembly  elected  in  the  year  one  thousand 
eight  hundred  and  sixty-six  shall  meet  on  the  first  "Wednesday  of 
January,  one  thousand  eight  hundred  and  sixty-seven;  and  there- 
after the  general  assembly  shall  meet,  in  regular  session,  once  in  every 
two  years ;  and  such  meeting  shall  be  on  the  first  Wednesday  of  Janu- 
ary, unless  a  dilferent  day  be  fixed  by  law. 

Article  V 

executive  oepartment 

Section  1.  The  supreme  executive  shall  be  vested  in  a  chief  magis- 
trate, who  shall  be  styled  ''  the  governor  of  the  State  of  Missouri." 

Sec.  2.  The  governor  shall  be  at  least  thirty-five  years  old,  a  white 
male  citizen  of  the  United  States  ten  years,  and  a  resident  of  this 
State  seven  j^ears,  next  before  his  election. 

Sec.  3.  Tlie  governor  elected  at  the  general  election  in  the  year  one 
thousand  eight  hundred  and  sixty-eight,  and  each  governor  thereafter 
elected,  shall  hold  his  office  two  years,  and  until  a  successor  be  duly 
elected  and  qualified.  At  the  time  and  place  of  voting  for  members 
of  the  house  of  representatives,  the  qualified  voters  shall  vote  for  a 
governor,  and  when  two  or  more  persons  have  an  equal  number  of 
votes,  and  a  higher  number  than  any  other  person,  the  election  shall 
be  decided  between  them  by  a  joint  vote  of  both  houses  of  the  general 
assembly,  at  their  next  session. 

Sec.  4.  The  governor  shall  not  be  eligible  to  office  more  than  four 
years  in  six. 

Sec.  5.  The  governor  shall  be  commander-in-chief  of  the  militia  of 
this  State,  except  when  they  shall  be  called  into  the  service  of  the 
United  States;  but  he  need  not  command  in  person,  unless  advised  to 
do  so  by  a  resolution  of  the  general  assembly. 

Sec.  6.  The  governor  shall  have  the  power  to  grant  reprieves,  com- 
mutations, and  pardons,  after  conviction,  for  all  offences,  except  trea- 
son 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  ap- 
plying for  pardons.  He  shall,  at  each  session  of  the  general  as- 
sembly, communicate  to  that  body  each  case  of  reprieve,  commutation, 


Missouri — 1866  2205 

or  pardon  granted;  stating  the  name  of  the  convict,  the  crime  of 
which  he  was  convicted,  the  sentence  and  its  date,  the  date  of  the 
commutation,  pardon,  or  reprieve,  and  the  reasons  for  granting  the 
same.  He  shall  take  care  that  the  laws  be  distributed  and  faithfully 
executed ;  and  shall  be  a  conservator  of  the  peace  throughout  the 
State. 

Sec.  7.  The  governor  shall,  from  time  to  time,  give  to  the  general 
assembly  information  relative  to  the  state  of  the  government,  and 
shall  recommend  to  their  consideration  such  measures  as  he  shall  deem 
necessary  and  expedient.  On  extraordinary  occasions  he  may  con- 
vene the  general  assembly  by  proclamation ;  wherein  he  shall  state 
specifically  each  matter  concerning  Avhich  the  action  of  that  bod}'  is 
deemed  necessary;  and  the  general  assembly  shall  have  no  power, 
when  so  convened,  to  act  upon  any  matter  not  so  stated  in  the  proc- 
lamation. 

Sec.  8.  AVhen  any  office  shall  become  vacant,  the  governor,  unless 
otherwise  provided  by  law,  shall  appoint  a  person  to  fill  such  vacancy, 
who  shall  continue  in  office  until  a  successor  shall  be  duly  elected  or 
appointed,  and  qualified,  according  to  law. 

Sec.  9.  Every  bill  which  shall  have  been  passed  by  both  houses  of 
the  general  assembly,  before  it  becomes  a  law,  shall  be  presented  to 
the  governor  for  his  approbation.  If  he  approve  he  shall  sign  it ;  if 
not.  he  shall  return  it  with  his  objections  to  the  house  in  which  it 
shall  have  originated;  and  the  house  shall  cause  the  ol)jections  to  be 
entered  at  large  on  its  journals,  and  shall  proceed  to  reconsider  the 
bill.  After  such  reconsideration,  if  a  majority  of  all  the  members 
elected  to  that  house  shall  agree  to  pass  the  same,  it  shall  be  sent, 
together  with  the  objections,  to  the  other  house,  by  which  it  shall,  in 
like  manner,  be  reconsidered ;  and  if  approved  by  a  majorit}'  of  all  the 
members  elected  to  that  house,  it  shall  become  a  law.  In  all  such 
cases,  the  votes  of  both  such  houses  shall  be  taken  by  yeas  and  nays, 
and  the  names  of  the  members  voting  for  and  against  the  bill  shall  be 
entered  on  the  journals  of  each  house  respectively.  If  any  bill  shall 
not  be  returned  by  the  governor  within  ten  days  (Sundays  excepted) 
aft(>r  it  sliall  have  been  presented  to  him.  the  same  shall  become  a 
law.  in  like  numner  as  if  the  governor  had  signed  it,  unless  the  gen- 
eral assembly,  by  its  adjournment,  shall  prevent  its  return;  in  which 
case  it  shall  not  become  a  law,  unless  the  governor,  after  such  adjourn- 
ment, and  within  ten  days  after  the  bill  was  presented  to  him,  (Sun- 
days excepted.)  shall  sign  and  deposit  the  same  in  the  office  of  the 
secretary  of  state;  in  which  case  it  shall  become  a  law,  in  like  manner 
as  if  it  had  been  signed  hy  him  during  the  session  of  the  general 
assembly. 

Sec.  10.  Every  resolution,  to  which  the  concurrence  of  the  senate 
and  house  of  representatives  may  be  necessary,  except  on  questions  of 
adjournment,  ot  going  into  joint  session,  and  of  amending  this  consti- 
tution, shall  be  i)resented  to  the  governor;  and,  before  the  same  shall 
take  effect,  shall  be  j^roceeded  upon  in  the  same  manner  as  in  the  case 
of  a  bill. 

Sec.  11.  The  governor  shall,  at  stated  times,  receive  for  his  services 
an  ade(|uate  salary,  to  be  fixed  by  law;  which  shall  neither  be  in- 
creased nor  diminished  during  his  continuance  in  office. 

Sec.  12.  There  shall  be  a  lieutenant-governor,  who  shall  be  elected 


2206  Missouri  —1865 

at  the  same  time,  in  the  same  manner,  for  the  same  term,  and  shall 
possess  the  same  qualifications,  as  the  governor. 

Sec.  13.  The  lieutenant-governor,  by  virtue  of  his  office,  shall  be 
president  of  the  senate.  In  committee  of  the  whole  he  may  debate  on 
all  questions;  and  when  there  is  an  equal  division,  shall  give  the  cast- 
ing vote  in  the  senate,  and  also  in  joint  vote  of  both  houses. 

Sec.  14.  When  the  office  of  governor  shall  become  vacant,  by  death, 
resignation,  removal  from  the  State,  removal  from  office,  refusal  to 
qualify,  oi*  otherwise,  the  lieutenant-governor  shall  perform  the 
duties,  possess  the  powers,  and  receive  the  compensation  of  the  gov- 
ernor, during  the  remainder  of  the  term  for  which  the  governor  was 
elected.  When  the  governor  is  absent  from  the  State,  or  is  unable, 
from  sickness,  to  perform  his  duties,  or  is  under  impeachment,  the 
lieutenant-governor  shall  perform  said  duties,  possess  said  powers, 
and  receive  said  compensation,  until  the  governor  return  to  the  State, 
be  enabled  to  resume  his  duties,  or  be  acquitted.  If  there  be  no  lieu- 
tenant-governor, or  if  he  be  absent  from  the  State,  disabled  by  sick- 
ness, or  under  impeachment,  the  president  of  the  senate  pro  temjmre, 
or,  in  case  of  like  absence  or  disability  on  his  part,  or  of  there  being 
no  president  of  the  senate  pro  tempore^  the  speaker  of  the  house  of 
representatives  shall  assume  the  office  of  governor,  in  the  same  man- 
ner, and  with  the  same  powers  and  compensation,  as  are  prescribed 
in  the  case  of  the  office  devolving  on  the  lieutenant-governor. 

Sec.  15.  The  lieutenant-governor,  or  the  president  of  the  senate 
pro  tempore^  while  presiding  in  the  senate,  shall  receive  the  same  com- 
pensation as  shall  be  allowed  to  the  speaker  of  the  house  of  repre- 
sentatives. 

Sec.  16.  There  shall  be  a  secretary  of  state,  a  State  auditor,  a  State 
treasurer,  and  an  attorney-general,  who  shall  be  elected  by  the  quali- 
fied voters  of  the  State,  at  the  same  time,  in  the  same  manner,  and 
for  the  same  term  of  office  as  the  governor.  No  person  shall  be  eligi- 
ble to  either  of  said  offices  unless  he  be  a  white  male  citizen  of  the 
United  States,  and  at  least  twenty-five  years  old,  and  shall  have  re- 
sided in  this  State  five  years  next  before  his  election.  The  secretary 
of  state,  the  State  auditor,  the  State  treasurer,  and  the  attorney- 
general  shall  keep  their  respective  offices  at  the  seat  of  government, 
and  shall  perform  such  duties  as  may  be  required  of  them  by  law. 

Sec.  17.  The  returns  of  all  elections  of  governor,  lieutenant-gover- 
nor, and  other  State  officers  shall  be  made  to  the  secretary  of  state 
in  such  manner  as  may  be  prescribed  by  law. 

Sec.  18.  Contested  elections  of  governor  and  lieutenant-governor 
shall  be  decided  by  joint  vote  of  both  houses  of  the  general  assembly 
in  such  manner  as  may  be  prescribed  by  law. 

Sec.  19.  Contested  elections  of  secretary  of  state.  State  auditor. 
State  treasurer,  and  attorney-general  shall  be  decided  before  such 
tribunal,  and  in  such  manner  as  may  be  by  law  provided. 

Sec.  20.  The  secretary  of  state  shall  be  the  custodian  of  the  seal  of 
state,  and  shall  authenticate  therewith  all  official  acts  of  the  governor, 
his  approbation  of  laws  excepted.  The  said  seal  shall  be  called 
the  "  Great  Seal  of  the  State  of  Missouri ;  "  and  the  emblems  and  de- 
vices therof  heretofore  prescribed  by  law  shall  not  be  subject  to 
change. 

Sec.  21.  The  secretary  of  state  shall  keep  a  register  of  the  official 
acts  of  the  governor,  and,  when  necessary,  shall  attest  them;  and  shall 


Missouri— 1865  2207 

lay  coj^ies  of  the  same,  together  with  copies  of  all  papers  relating 
thereto,  before  either  house  of  the  general  assembly,  whenever  re- 
quired to  do  so. 

Sec.  22.  There  shall  be  elected  by  the  qualified  voters  in  each 
county,  at  the  time  and  places  of  electing  representatives,  a  sheriff 
and  a  coroner.  They  shall  serve  for  two  years,  and  until  a  suc- 
cessor be  duly  elected  and  qualified,  unless  sooner  removed  for  mal- 
feasance in  office,  and  shall  be  ineligible  four  years  in  any  period 
of  eight  years.  Before  entering  on  the  duties  of  their  office  tliey  shall 
give  security  in  sucJi  amount,  and  in  such  manner,  as  shall  be  ])re- 
scribed  by  law.  Whenever  a  county  shall  be  hereafter  established, 
the  governor  shall  appoint  a  sheriff  and  a  coroner  therein,  who  shall 
continue  in  office  until  the  next  succeeding  general  election,  and  until 
a  successor  shall  be  duly  elected  and  qualified. 

Sec.  23.  Whenever  a  vacancy  shall  happen  in  the  office  of  sheriff 
or  coroner,  the  same  shall  be  filled  by  the  county  court.  If  such 
vacancy  happen  in  the  office  of  sheriff  more  than  nine  months  prior 
to  the  time  of  holding  a  general  election,  such  county  court  shall 
immediately  order  a  special  election  to  fill  the  same;  and  the  person 
by  it  appointed  shall  hold  office  until  the  person  chosen  at  such 
election  shall  be  duly  qualified;  otherwise  the  person  a])pointed  by 
such  county  court  shall  hold  office  until  the  person  chosen  at  such 
general  election  shall  be  duly  qualified.  If  a  vacancy  happen  in  the 
office  of  coroner,  the  same  shall  be  filled,  for  the  remainder  of  the 
term,  by  such  county  court.  No  person  elected  or  appointed  to  fill 
a  vacancy  in  either  of  said  offices  shall  thereby  be  rendered  ineligible 
for  the  next  succeeding  term. 

Sec.  2-1.  In  all  elections  for  sheritf  and  coroner,  when  two  or  more 
persons  have  an  equal  number  of  votes,  and  a  higher  than  any  other 
person,  the  presiding  judge  of  the  county  court  of  the  county  shall 
give  the  casting  vote;  and  all  contested  elections  for  the  said  offices 
shall  be  decided  by  the  circuit  court  of  the  proper  county,  in  such 
manner  as  the  general  assembly  may,  by  law,  prescribe. 

Sec.  25.  The  governor  shall  commission  all  officers  not  otherwise 
provided  by  law.  All  commissions  shall  run  in  the  name  and  by  the 
authority  of  the  State  of  Missouri,  be  sealed  by  the  State  seal,  signed 
by  the  governor,  and  attested  by  the  secretary  of  state. 

Sec.  20.  The  api)ointment  of  all  officers,  not  otherwise  directed  by 
this  constitution,  shall  be  made  in  such  manner  as  may  be  jirescribed 
by  law\ 

Airncr.E  VI 

.IT'OICIAL   DEPARTMENT 

Section  1.  The  judicial  })ower.  as  to  matters  of  law  and  equity, 
shall  be  vested  in  a  supreme  court,  in  district  courts,  in  circuit  courts, 
and  in  such  infei'ior  tril)unals  as  the  general  assembly  may.  from  time 
to  time,  establish. 

Sec.  2.  The  supreme  court,  excei)t  in  cases  otherwise  directed  by 
this  constitution,  shall  have  appellate  jurisdiction  only,  which  shall 
be  coextensive  with  the  State.  und(M'  the  i-estrictions  and  limitations  in 
this  constitution  provided. 

Sec.  3.  The  supreme  court  sjiall  have  a  general  superintending  con- 
trol over  all  inferior  courts  of  law.    It  shall  have  power  to  issue  writs 


2208  Missouri— 1866 

of  habeas  corpus^  mandamus,  quo  warranto,  certio^'ari,  and  other 
original  remedial  writs,  and  to  hear  and  determine  the  same. 

Sec,  4.  The  supreme  court  shall  consist  of  three  judges,  any  two  of 
whom  shall  be  a  quorum;  and  the  said  judges  shall  l)e  conservators 
of  the  peace  throughout  the  »State. 

Sec.  5.  The  State  shall  be  divided  into  convenient  districts,  not  to 
exceed  four,  in  each  of  which  the  supreme  court  shall  be  held,  at  such 
time  and  place  as  the  general  assembly  may  appoint ;  and,  when  sit- 
ting in  either  district,  it  shall  exercise  jurisdiction  over  causes  orig- 
inating in  that  district  only ;  but  the  general  assembl}^  may  direct,  by 
law,  that  the  said  court  shall  be  held  in  one  place  onlv. 

Sec.  6.  The  judges  of  the  supreme  court  shall  hold  office  for  the 
term  of  six  vears.  and  until  their  successors  shall  be  duly  elected  and 
qualified,  except  as  hereinafter  provided. 

Sec.  7.  At  the  general  election  in  the  year  one  thousand  eight  hun- 
dred and  sixty-eight,  all  the  judges  of  the  supreme  court  shall  be 
elected  by  the  qualified  voters  of  the  State,  and  shall  enter  upon  their 
office  on  the  first  JSIonday  of  January  next  ensuing.  At  the  first  ses- 
sion of  the  court  thereafter  the  judges  shall,  by  lot,  determine  the 
duration  of  their  several  terms  of  office,  which  shall  be  respectively 
two,  four,  and  six  years;  and  shall  certify  the  result  to  the  secretary 
of  state.  At  the  general  election  every  two  years  after  said  first  elec- 
tion, one  judge  of  said  court  shall  be  elected,  to  hold  office  for  the 
period  of  six  years  from  the  first  Monday  of  January  next  ensuing. 
The  judge  having  at  any  time  the  shortest  term  to  serve  shall  l)e  the 
presiding  judge  of  the  court. 

Sec.  8.  If  a  vacancy  shall  happen  in  the  office  of  any  judge  of  the 
supreme  court,  by  death,  resignation,  removal  out  of  the  State,  or 
other  disqualification,  the  governor  shall  appoint  a  suitable  person  to 
fill  the  vacancy  until  the  next  general  election  occurring  more  than 
three  months  after  the  happening  of  such  vacancy,  when  the  same 
shall  be  filled  by  election,  by  the  qualified  voters  of  the  State,  for  the 
residue  of  the  term. 

Sec.  9.  In  case  of  a  tie,  or  a  contested  election  between  the  candi- 
dates, the  same  shall  be  determined  in  the  manner  prescribed  by  law. 

Sec.  10.  If,  in  regard  to  any  cause  pending  in  the  supreme  court, 
the  judges  sitting  shall  be  equally  divided  in  opinion,  no  judgment 
shall  be  entered  therein,  based  on  such  division;  but  the  parties  to 
the  cause  may  agree  upon  some  person,  learned  in  the  law,  who  shall 
act  as  special  judge  in  the  cause,  and  who  shall  therein  sit  with  the 
court,  and  give  decision,  in  the  same  manner  and  with  the  same  ef- 
fect as  one  of  the  judges.  If  the  parties  cannot  agree  upon  a  special 
judge  the  court  shall  appoint  one. 

Sec.  11.  The  judges  of  the  supreme  court  shall  give  their  opinion 
upon  important  qiiestions  of  constitutional  law,  and  upon  solemn 
occasions,  when  required  by  the  governor,  the  senate,  or  the  house  of 
representatives;  and  all  siich  opinions  shall  be  published  in  connec- 
tion with  the  reported  decisions  of  said  court. 

Sec.  12.  The  State,  except  the  county  of  Saint  Louis,  shall  be 
divided  into  not  less  than  fiA'e  districts,  each  of  which  shall  embrace 
at  least  three  judicial  circuits:  and  in  each  district  a  court,  to  be 
known  as  the  district  court,  shall  be  held  at  such  times  and  places  as 
may  be  provided  by  law.  Each  district  court  shall  be  held  by  the 
judges  of  the  circuit  courts  embraced  in  the  district,  a  majority  of 


Missouri— 1865  2209 

whom  shall  be  a  quorum.  Tho  district  courts  shall,  within  their  re- 
spective districts,  have  like  oriofinal  jurisdiction  with  the  supreme 
court,  and  appellate  jurisdiction  from  the  final  judgments  of  the 
circuit  courts,  and  of  all  inferior  courts  of  record  within  the  district, 
except  probate  and  county  courts.  After  the  establishment  of  such 
district  courts,  no  appeal  or  Avrit  of  error  shall  lie  from  any  circuit 
court,  or  inferior  court  of  record,  to  the  supreme  court,  but  shall  be 
prosecuted  to  the  district  court,  from  the  final  judgment  of  which 
an  appeal  or  writ  of  error  may  be  taken  to  the  supreme  court,  in  such 
cases  as  may  be  })rovided  by  law. 

Sec.  13.  The  circuit  court  shall  have  jurisdiction  over  all  criminal 
cases  which  shall  not  be  otherwise  provided  for  by  law;  and  exclu- 
sive original  jurisdiction  in  all  civil  cases  which  shall  not  be  cogniza- 
ble before  justices  of  the  peace,  until  otherwise  directed  by  the  gen- 
eral assembly.  It  shall  hold  its  terms  at  such  time  and  place,  in  each 
county,  as  may  be  by  hiAv  directed. 

Sec.  14.  Tlie  State  shall  be  divided  into  convenient  circuits,  of 
which  the  county  of  Saint  Louis  shall  constitute  one,  for  each  of 
which,  except  as  in  the  next  succeeding  section  specified,  a  judge  shall 
be  elected  by  the  qualified  voters  of  the  respective  circuits,  and  except 
as  hereinafter  provided,  shall  be  elected  for  the  term  of  six  years; 
but  may  continue  in  office  until  his  successor  shall  be  elected  and  quali- 
fied; and  the  judge  of  each  circuit,  after  his  election  or  appointment, 
as  hereinafter  provided,  shall  reside  in,  and  be  a  conservator  of  the 
peace  within  the  circuit  for  which  he  shall  be  elected  or  appointed; 
and  if  any  vacancy  shall  happen  in  the  office  of  any  circuit  judge,  by 
death,  resignation,  removal  out  of  his  circuit,  or  by  any  other  dis- 
qualification, the  governor  shall,  upon  being  satisfied  that  a  vacancy 
exists,  issue  a  writ  of  election  to  fill  such  vacancy ;  provided  that  said 
vacancy  shall  happen  at  least  six  months  before  the  next  general 
election  for  said  judge;  but  if  such  vacancy  shall  happen  within  six 
months  of  the  general  election  aforesaid,  the  governor  shall  appoint 
a  judge  for  such  circuit;  but  every  election  or  appointment  to  fill  a 
vacancy  shall  be  for  the  residue  of  the  term  only.  And  the  general 
assembly  shall  provide,  l)y  law,  for  the  election  of  said  judges  in 
their  respective  circuits;  and  in  case  of  a  tie,  or  contested  election 
between  the  candidates,  the  same  shall  be  determined  in  the  manner 
to  be  prescribed  by  law.  And  the  general  assembly  shall  provide  by 
law  for  the  election  of  said  judges,  in  their  respective  circuits,  to  fill 
any  vacancy  which  shall  occur  at  any  time  at  least  six  months  before 
a  general  election  for  said  judges.  At  the  general  election  in  the 
year  one  thousand  eight  hundred  and  sixty-eight,  and  at  the  general 
election  every  sixth  year  thereafter,  except  as  hereinafter  provided, 
all  the  circuit  judges  shall  l)e  elected  and  shall  enter  upon  their  offices 
on  the  first  INJonday  of  .January  next  ensuing.  Xo  judicial  circuit 
shall  be  altered  or  changed  at  any  session  of  the  general  assembly 
next  preceding  the  general  election  for  said  judges. 

Sec.  15.  From  and  after  the  first  day  of  January,  one  thousand 
eight  hundred  and  sixty-six,  the  circuit  court  of  the  county  of  Saint 
Louis  shall  be  composed  of  three  judges,  each  of  whom  shall  try 
causes  separately,  and  all,  or  a  majority  of  whom,  shall  constitute 
a  court  in  bank,  to  decide  questions  of  law,  and  to  correct  errors 
occurring  in  trials;  and,  from  and  after  that  day,  there  shall  not  be 
72.58 — VOL  o — 07 25 


2210  Missouri— 1865 

in  said  county  any  other  court  of  record  having  civil  jurisdiction, 
except  a  probate  court  and  a  county  court.  The  additional  judges 
of  the  circuit  court  of  the  county  of  Saint  Louis,  authorized  by  this 
section,  shall  be  appointed  by  the  governor,  with  the  advice  and  con- 
sent of  the  senate,  and  shall  hold  their  offices  until  the  next  general 
election  of  judges  of  circuit  court,  when  the  whole  number  of  the 
judges  of  said  court  shall  be  elected.  At  the  first  session  of  said  court 
after  the  judges  thereof  who  may  be  elected  in  the  year  one  thousand 
eight  hundred  sixty-eight  shall  have  assumed  office,  the  said  judges 
shall,  by  lot,  determine  the  duration  of  their  several  terms  of  office, 
which  shall  be,  respectivelj'^,  two,  four,  and  six  years ;  and  shall  certify 
the  result  to  the  secretary  of  state.  At.the  general  election  every  two 
years,  after  the  election  in  that  year,  one  judge  of  said  court  shall  be 
elected,  to  hold  office  for  the  term  of  six  years  from  the  first  Monday 
of  January  next  ensuing.  The  general  assembly  shall  have  power  to 
increase  the  number  of  the  judges  of  said  court,  from  time  to  time,  as 
the  public  interest  may  require.  Any  additional  judges  authorized 
shall  hold  office  for  the  term  of  six  years,  and  be  elected  at  a  general 
election,  and  enter  upon  their  office  on  the  first  Monday  of  January 
next  ensuing. 

Sec.  16.  The  provisions  contained  in  this  article,  requiring  an 
election  to  be  held  to  fill  a  vacancy  in  the  office  of  judges  of  the  su- 
preme and  circuit  courts,  shall  have  relation  to  vacancies  occurring 
after  the  year  one  thousand  eight  hundred  and  sixty-eight;  up  to 
which  time  any  such  vacancy  shall  be  filled  by  appointment  by  the 
governor. 

Sec.  it.  If  there  be  a  vacancy  in  the  office  of  judge  of  any  circuit, 
or  if  he  be  sick,  absent,  or  from  any  cause  unable  to  hold  any  term  of 
court  of  any  county  of  his  circuit,  such  term  of  court  may  be  held  by  a 
judge  of  any  other  circuit,  and,  at  the  request  of  the  judge  of  any 
circuit,  any  term  of  court  in  his  circuit  may  be  held  by  the  judge  of 
any  other  circuit. 

Sec.  18.  No  person  shall  be  elected  or  appointed  a  judge  of  the 
supreme  court  nor  of  a  circuit  court  before  he  shall  have  attained  to 
the  age  of  thirty  years,  and  have  been  a  citizen  of  the  United  States 
five  years,  and  a  qualified  voter  of  this  State  three  years. 

Sec.  19.  Any  judge  of  the  supreme  court  or  the  circuit  court  may 
be  removed  from  office  on  the  address  of  two-thirds  of  each  house  of 
the  general  assembly  to  the  governor  for  that  purpose;  but  each 
house  shall  state,  on  its  respective  journal,  the  cause  for  which  it  shall 
wish  the  removal  of  such  judge,  and  give  him  notice  thereof,  and  he 
shall  have  the  right  to  be  heard  in  his  defence,  in  such  manner  as  the 
general  assembly  shall  b}^  law  direct ;  but  no  judge  shall  be  removed 
in  this  manner  for  any  cause  for  which  he  might  have  been  im- 
peached. 

Sec.  20.  The  judges  of  the  supreme  court  and  the  judges  of  the 
circuit  courts  shall,  at  stated  times,  receive  a  compensation  for  their 
services,  to  be  fixed  by  law,  which  shall  not  be  diminished  during  the 
period  for  which  they  were  elected. 

Sec.  21.  The  circuit  court  shall  exercise  a  superintending  control 
over  all  such  inferior  tribunals  as  the  general  assembly  may  establish, 
and  over  justices  of  the  peace  in  each  county  in  their  respective 
circuits. 


Missouri— 1865  2211 

Sec.  22.  The  supreme  court  and  the  district  courts  shall  appoint 
their  respective  clerks.  Clerks  of  all  other  courts  of  record  shall  be 
elected  by  the  qualified  voters  of  the  county,  at  a  general  election,  and 
shall  hold  office  for  the  term  of  four  years  from  and  after  the  first 
Monday  of  January  next  ensuing,  and  until  their  successors  are  duly 
elected  and  qualified.  The  first  election  of  such  clerks,  after  the 
adoption  of  this  constitution,  shall  be  at  the  general  election  in  the 
year  one  thousand  eight  hundred  and  sixty-six,  any  existing  law  of 
this  State  to  the  contrary  notwithstanding. 

Sec.  23.  Inferior  tribunals,  to  be  known  as  county  courts,  shall  be 
established  in  each  county  for  the  transaction  of  all  county  business. 
In  such  courts,  or  in  such  other  tribunals,  inferior  to  the  circuit  courts, 
as  the  general  assembly  may  establish,  shall  be  vested  the  jurisdiction 
of  all  matters  appertaining  to  probate  business,  to  granting  letters 
testamentary  and  of  administration,  to  settling  the  accounts  of  ex- 
ecutors, administrators,  and  guardians,  and  to  the  appointment  of 
guardians,  and  such  other  jurisdiction  as  may  be  conferred  by  law. 

Sec.  24.  Xo  clerk  of  any  court  established  by  this  constitution,  or 
by  any  law  of  this  State,  shall  apply  to  his  own  use,  from  the  fees 
and  emoluments  of  his  office,  a  greater  sum  than  two  thousand  five 
hundred  dollars  for  each  year  of  his  official  term,  after  paying  out  of 
such  fees  and  emoluments  such  amounts  for  deputies  and  assistants 
in  his  office  as  the  court  may  deem  necessary  and  may  alloAv,  but  all 
surplus  of  such  fees  and  emoluments  over  that  sum,  after  paying  the 
amounts  so  allowed,  shall  be  paid  into  tlie  county  treasury  for  the  use 
of  the  county.  The  general  asseinbly  shall  pass  such  laws  as  may  be 
necessary  to  carry  into  effect  the  jirovisions  of  this  section. 

Sec.  25.  In  each  county  tlieiv  shall  be  api)ointed  or  elected  as  many 
justices  of  the  peace  as  the  ])ublic  good  may  be  thought  to  require. 
Their  powers  and  duties  and  their  duration  in  office  shall  be  regulated 
by  law. 

Sec.  26.  All  writs  and  process  shall  run,  and  all  prosecutions  shall 
l)e  conducted,  in  the  name  of  the  State  of  Missouri;  all  writs  shall  be 
tested  by  the  clerk  of  the  court  from  which  they  shall  be  issued:  and 
all  indictments  shall  conclude.  "  a<):ainst  the  peace  and  dignitv  of  the 
State.-' 

Article  VII 

IMPEACHMENTS 

Section  1.  The  governor,  lieutenant-governor,  secretary  of  state. 
State  auditor.  State  treasurer,  attorney-general,  and  all  judges  of  the 
courts  shall  be  liable  to  im|)eachment  for  any  misdemeanor  in  office; 
but  judgment  in  such  case  shall  not  extend  farther  than  removal 
from  office,  and  disqualification  to  hold  any  office  of  honor,  trust,  or 
profit  under  this  State. 

Sec.  2.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment.  All  impeachments  shall  be  tried  by  the  senate  and 
when  sitting  for  that  purpose  the  senators  shall  be  on  oath  or  affirma- 
tion to  do  justice  according  to  law  and  evidence,  ^^'hen  the  governor 
shall  be  tried,  the  presiding  judge  of  (he  supreme  court  shall  preside. 
Xo  person  shall  be  con\icted  without  the  concurrence  of  two-thirds  of 
the  senators  present. 


2212  Missouri— 1865 

Article  VIII 

HANKS    AND    fORPOlJATIOXS 

Section  1.  No  corporate  body  shall  hereafter  be  created,  renewed, 
or  extended,  Avith  the  privilege  of  making,  issuing,  or  putting  in  cir- 
culation any  notes,  bills,  or  other  paper,  or  the  paper  of  any  other 
bank,  to  circulate  as  money ;  and  the  general  assembly  shall  prohibit 
by  law  individuals  and  corporations  from  issuing  bills,  checks,  tickets, 
promissory  notes,  or  other  paper  to  circulate  as  money. 

Sec.  2.  No  law  shall  be  passed  reviving  or  reenacting  any  act  here- 
tofore passed  creating  any  private  corporation,  where  such  corpora- 
tion shall  not  have  been  organized  and  commenced  the  transaction  of 
its  business  within  one  year  from  the  time  such  act  took  effect,  or 
within  such  other  time  as  may  have  been  prescribed  in  such  act  for 
such  organization  and  commencement  of  business. 

Sec.  3.  The  general  assembly  shall,  at  its  first  session  after  this 
constitution  goes  into  effect,  enact  laws  enabling  any  of  the  existing 
banks  of  issue  to  reorganize  as  national  banks  imder  the  act  of  Con- 
gress and  shall  also  provide  for  the  sale  of  the  stock  owned  by  this 
State  in  the  Bank  of  the  State  of  Missouri,  upon  such  terms  and 
conditions  as  shall  be  by  law  established. 

Sec  4.  Corporations  may  be  formed  under  general  laws,  but  shall 
not  be  created  by  special  acts,  except  for  municipal  purposes.  All 
general  laws  and  special  acts  passed  pursuant  to  this  section  may  be 
altered,  amended,  or  repealed. 

Sec.  5.  No  municipal  corporations,  except  cities,  shall  be  created 
by  special  act  and  no  city  shall  be  incorporated  with  less  than  five 
thousand  permanent  inhabitants,  nor  unless  the  people  thereof,  by  a 
direct  vote  upon  the  question,  shall  have  decided  in  favor  of  such 
incorporation. 

Sec.  6.  Dues  from  private  corporations  shall  be  secured  by  such 
means  as  may  be  prescribed  by  law ;  but  in  all  cases  each  stockholder 
shall  be  individually  liable,  over  and  above  the  stock  by  him  or  her 
owned,  and  any  amount  unpaid  thereon,  in  a  further  sum  at  least 
equal  in  amount  to  such  stock. 

Article  IX 

EDUCATION 

Section  1.  A  general  diffusion  of  knowledge  and  intelligence  being 
essential  to  the  preservation  of  the  rights  and  liberties  of  the  people, 
the  general  assembly  shall  establish  and  maintain  free  schools  for  the 
gratuitous  instruction  of  all  persons  in  this  State  between  the  ages 
of  five  and  tAventy-one  years. 

Sec  2.  Separate  schools  may  be  established  for  children  of  African 
descent.  All  funds  provided  for  the  support  of  public  schools  shall 
be  appropriated  in  proportion  to  the  number  of  children,  without  re- 
gard to  color. 

Sec  3.  The  supervision  of  public  instruction  shall  be  vested  in  a 
board  of  education,  whose  powers  and  duties  shall  be  prescribed  by 
law.  A  superintendent  of  public  schools,  who  shall  be  the  president 
of  the  board,  shall  be  elected  by  the  qualified  A^oters  of  the  State.     He 


Missouri— 1865  22 1 3 

shall  possess  the  qualifications  of  a  State  senator,  and  hold  his  office 
for  the  term  of  four  years,  and  shall  perform  such  duties  and  receive 
such  compensation  as  may  be  prescribed  l^y  law.  The  secretary  of 
state  and  attorney-general  shall  be  ex-offieio  members,  and,  with  the 
superintendent,  compose  said  board  of  education. 

Sec.  4.  The  oeneral  assembly  shall  also  establish  and  maintain  a 
State  iniiversity.  with  departments  for  instruction  in  teachino*.  in 
agriculture,  and  in  natural  science,  as  soon  as  the  ])ublic-school  fund 
will  permit. 

Sec.  5.  The  proceeds  of  all  lands  that  have  been,  or  hereafter  may 
be,  granted  by  the  United  States  to  this  State,  and  not  otherwise 
appropriated  by  this  vState  or  the  United  States;  also,  all  moneys, 
stocks,  bonds,  lands,  and  other  property  now  belonging  to  any  fund 
for  purposes  of  education ;  also,  the  net  proceeds  of  all  sales  of  lands 
and  other  property  and  elTects  that  may  accrue  to  the  State  by  escheat 
or  from  sales  of  estrays,  or  from  unclaimed  dividends,  or  distributive 
shares  of  the  estates  of  deceased  persons,  or  from  fines,  penalties,  and 
forfeitures;  also,  any  proceeds  of  the  sales  of  public  lands  which  may 
have  been,  or  hereafter  may  be,  paid  over  to  this  State,  (if  Congress 
will  consent  to  such  appropriation;)  also,  all  other  grants,  gifts,  or 
devises  that  have  been,  or  hereafter  may  be,  made  to  this  State,  and 
not  otherwise  appropriated  by  the  terms  of  the  grant,  gift,  or  devise, 
shall  be  securely  invested  and  sacredly  preserved  as  a  public-school 
fund,  the  annual  income  of  which  fund,  together  with  so  much  of  the 
ordinary  revenue  of  the  State  as  may  be  necessary,  shall  be  faithfully 
appropriated  for  establishing  and  maintaining  the  free  schools  and 
the  university  in  this  article  provided  for,  and  for  no  other  uses  or 
purposes  whatsoever. 

Sec.  C).  No  part  of  the  public-school  fund  shall  ever  be  invested  in 
the  stock,  or  bonds,  or  other  obligations  of  any  State,  or  of  any  county, 
city,  town,  or  corporation.  The  stock  of  the  Bank  of  the  State  of  Mis- 
souri now  held  for  school  purposes,  and  all  other  stocks  belonging  to 
an}^  school  or  university  fund,  shall  be  sold,  in  such  manner  and  at 
such  time  as  the  general  assembly  shall  prescribe;  and  the  proceeds 
thereof,  and  the  proceeds  of  the  sales  of  any  lands  or  other  property 
which  now  belong,  or  may  hereafter  belong,  to  said  school-fund,  may 
be  invested  in  the  bonds  of  the  United  States.  All  county  school- 
funds  shall  be  loaned  upon  good  and  sufficient  unincumbered  real- 
estate  security,  with  personal  security  in  addition  thereto. 

Sec.  7.  No  township  or  school  district  shall  receive  any  portion  of 
the  i^ublic-school  fund,  unless  a  free  school  shall  have  been  kept  therein 
for  not  less  than  three  months  during  the  year  for  which  disti'ibution 
thereof  is  made.  The  general  assembly  shall  have  power  to  require, 
by  law,  that  every  child,  of  sufficient  mental  and  ])hysical  ability, 
shall  attend  the  public  schools,  during  the  period  between  the  ages  of 
five  and  eighteen  years,  for  a  term  equivalent  to  sixteen  months,  unless 
educated  by  other  means. 

Sec.  8.  In  case  the  public-school  fund  shall  be  insufficient  to  sus- 
tain a  free  school  at  least  four  months  in  every  year  in  each  school 
district  in  this  State,  the  general  assembly  may  provide,  by  law,  for 
the  raising  of  such  deficiency,  by  levying  a  tax  on  all  the  taxable 
property  in  each  county,  township,  or  school  district,  as  they  may 
deem  proper. 


2214  Missouri— 1865 

Sec.  9.  The  general  assembly  shall,  as  far  as  it  can  be  done  without 
infringing  upon  vested  rights,  reduce  all  lands,  moneys,  and  other 
property  used  or  held  for  school  purposes  in  the  various  comities  of 
this  State  into  the  public-school  fund  herein  provided  for;  and  in 
making  distribution  of  the  annual  income  of  said  fund,  shall  take 
into  consideration  the  amount  of  any  county  or  city  funds  appro- 
priated for  common-school  purposes,  and  make  such  distribution  as 
will  equalize  the  amount  appropriated  for  common  schools  through- 
out the  State. 

Article  X 

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  of 
the  United  States,  shall  be  liable  to  military  duty  in  the  militia  of  this 
State ;  and  there  shall  be  no  exemption  from  such  duty,  except  of  such 
persons  as  the  general  assembly  may,  by  law,  exempt. 

Sec.  2.  The  general  assembly  shall,  by  law,  provide  for  the  organi- 
zation of  the  militia,  and  for  the  paying  of  the  same  when  called  into 
actual  service;  but  there  shall  be  no  officer  above  the  grads  of  briga- 
dier-general, nor  shall  there  be  more  than  two  officers  of  that  grade. 

Sec.  3.  Each  company  and  regiment  shall  elect  its  own  company 
and  regimental  officers ;  but  if  any  company  or  regiment  shall  neglect 
to  elect  such  officers  within  the  time  prescribed  by  law,  or  by  the  order 
of  the  governor,  they  may  be  appointed  by  the  governor. 

Article  XI 

miscellaneolts  provisions 

Section  1.  The  general  assembly  of  this  State  shall  never  interfere 
with  the  primary  disposal  of  the  soil  by  the  United  States,  nor  with 
an}'  regulation  which  Congress  may  find  necessary  for  securing  the 
title  in  such  soil  to  the  hona-fde  purchasers.  No  tax  shall  be  imposed 
on  lands  the  property  of  the  United  States ;  nor  shall  lands  belonging 
to  persons  residing  out  of  the  limits  of  this  State  ever  be  taxed  at  a 
higher  rate  than  the  lands  belonging  to  persons  residing  within  the 
State. 

Sec.  2.  The  State  shall  have  concurrent  jurisidiction  on  the  river 
Mississippi,  and  every  other  river  bordering  on  the  said  State,  so  far 
as  the  said  river  shall  form  a  common  boundary  to  this  State  and 
any  other  State  which  may  be  bounded  thereby;  and  the  said  river 
Mississippi,  and  the  navigable  rivers  and  Avaters  leading  into  the 
same,  whether  bordering  on  or  within  this  State,  shall  be  common 
highways,  and  forever  free  to  the  citizens  of  this  State  and  the  United 
States,  without  any  tax,  duty,  impost,  or  toll  therefor  imposed  by  the 
State. 

Sec.  3.  All  statute  laws  of  this  State  now  in  force,  not  inconsistent 
with  this  constitution,  shall  continue  in  force  until  they  shall  expire 
by  their  own  limitation,  or  be  amended  or  repealed  by  the  general 
assembly;  and  all  writs,  prosecutions,  actions,  and  causes  of  action, 


Missouri— 186,5  2215 

except  as  herein  otherwise  provided,  shall  continue;  and  all  indict- 
ments which  shall  have  been  found,  or  may  hereafter  he  found,  for 
any  crime  or  offence  committed  before  this  constitution  takes  effect 
may  be  proceeded  upon  as  if  no  change  had  taken  place,  except  as 
hereinafter  specified. 

Sec.  4.  No  person  shall  be  prosecuted  in  any  civil  action  or  criminal 
proceeding,  for  or  on  account  of  any  act  by  him  done,  performed,  or 
executed,  after  the  first  day  of  January,  one  thousand  eight  hundred 
and  sixty-one,  by  virtue  of  military  authority  vested  in  him  by  tlie 
Government  of  the  Ignited  States,  or  that  of  this  State,  to  do  such 
act,  or  in  pursuance  of  orders  received  liv  him  from  any  person  vested 
with  such  authority;  and  if  any  action  or  proceeding  shall  have  here- 
tofore been,  or  shall  hereafter  be.  instituted  against  any  person  for 
the  doing  of  any  such  act,  the  defendant  may  plead  this  section  in  bar 
thereof. 

Sec.  5.  No  person  who  shall  hereafter  fight  a  duel,  or  assist  in  the 
same  as  a  second,  or  send,  accept,  or  knowingly  carry  a  challenge 
therefor,  or  agree  to  go  out  of  this  State  to  fight  a  duel,  shall  hold 
any  office  in  this  State. 

Sec.  6.  Xo  money  shall  be  drawn  from  the  treasury,  but  in  conse- 
quence of  appropriations  made  by  law ;  and  an  accurate  account  of 
the  receipts  and  expenditures  of  the  public  money  shall  be  annually 
published. 

Sec.  7.  No  person  holding  an  office  of  profit  under  the  United 
States  shall,  during  his  continuance  in  such  office,  hold  any  office  of 
profit  under  this  State. 

Sec.  8.  In  the  absence  of  any  contrary  provision,  all  officers  now  or 
hereafter  elected  or  appointed  shall  hold  office  during  their  official 
term,  and  until  their  successors  shall  be  duly  elected  or  appointed,  and 
qualified. 

Sec.  9.  The  general  assembly  shall  have  power  to  repeal  or  modifj'^ 
all  ordinances  adopted  by  any  previous  convention. 

Sec.  10.  The  seat  of  government  of  this  State  shall  remain  at  the 
city  of  Jefferson. 

Sec.  11.  No  person  emancipated  by  the  ordinance  abolishing  slavery 
in  Missouri,  adopted  on  the  eleventh  day  of  January,  one  thousand 
eight  hundred  and  sixty-five,  shall,  by  any  county  court  or  other 
authority,  be  apprenticed,  or  bound  for  any  service,  except  in  inw- 
suance  of  laws  nuide  specially  a])])licable  to  the  persons  so  eman- 
cipated. 

Sec.  12-  The  general  assembly  shall  provide,  by  law,  for  the  indict- 
mentand  trial  of  persons  charged  with  the  connnission  of  any  felony, 
in  any  county  other  than  that  in  which  the  offence  was  conunitted, 
whenever,  owing  to  ])rejudice,  or  any  other  cause,  an  impartial  grand 
or  petit  jury  cannot  be  impanelled  in  the  county  in  which  such  offence 
was  conunitted. 

Sec.  13.  The  credit  of  the  State  shall  not  be  given  or  loaned  in  aid 
of  any  person,  association,  or  corporation;  nor  shall  the  State  here- 
after become  a  stockholder  in  any  corporation,  or  association,  except 
for  the  purpose  of  securing  loans  heretofore  extended  to  certain  rail- 
road corporations  by  the  State. 

Sec.  14.  The  general  assembly  shall  not  authorize  any  county,  city, 
or  town  to  become  a  stockholder  in.  or  to  loan  its  credit  to,  any  com- 
l^any,  association,  or  corporation,  unless  two-thirds  of  the  qualified 


2216  ]nssouri—186/) 

voters  of  such  county,  city,  or  town,  at  a  regular  or  special  election  to 
be  held  therein,  shall  assent  thereto. 

Sec.  15.  The  general  assembly  shall  have  no  power,  for  any  pur- 
pose whatever,  to  release  the  lien  held  by  the  State  upon  any  railroad. 

Sec.  16.  No  property,  real  or  personal,  shall  be  exempt  from  tax- 
ation, except  such  as  may  be  used  exclusiveh'  for  jDublic  schools,  and 
such  as  may  belong  to  the  United  States,  to  this  State,  to  counties, 
or  to  municipal  corporations  within  this  State. 

Article  XII 

MODE  or  AMENDING  AND  REVISING  THE  CONSTITUTION 

Section  1.  This  constitution  may  be  amended  and  revised  in  pur- 
suance of  the  provisions  of  this  article. 

Sec.  2.  The  general  assembly,  at  anj^  time,  may  propose  such 
amendments  to  this  constitution  as  a  majority  of  the  members  elected 
to  each  house  shall  deem  expedient ;  and  the  vote  thereon  shall  be 
taken  by  yeas  and  nays,  and  entered  in  full  on  the  journals.  And 
the  proposed  amendments  shall  be  published  with  the  laws  of  that 
session,  and  also  shall  be  jDublished  weekly  in  two  newspapers,  if 
such  there  be,  within  each  congressional  district  in  the  State,  for  four 
months  next  preceding  the  general  election  then  next  ensuing.  The 
proposed  amendments  shall  be  submitted  to  a  vote  of  the  people, 
each  amendment  separately,  at  the  next  general  election  thereafter, 
in  such  manner  as  the  general  assembly  may  jDrovide.  And  if  a 
majority  of  the  qualified  voters  of  the  State,  voting  for  and  against 
any  one  of  said  amendments,  shall  vote  for  such  amendment,  the 
same  shall  be  deemed  and  taken  to  have  been  ratified  by  the  people, 
and  shall  be  valid  and  binding,  to  all  intents  and  purposes,  as  a  part 
of  this  constitution. 

Sec.  3.  The  general  assembly  may,  at  any  time,  authorize,  by  law, 
a  vote  of  the  people  to  be  taken  upon  the  question  whether  a  con- 
vention shall  be  held  for  the  purpose  of  revising  and  amending  the 
constitution  of  this  State;  and  if  at  such  election  a  majority  of  the 
votes  on  the  question  be  in  favor  of  a  convention,  the  governor  shall 
issue  writs  to  the  sheriffs  of  the  different  counties,  ordering  the  elec- 
tion of  delegates  to  such  a  convention,  on  a  day  within  three  months 
after  that  on  which  the  said  question  shall  have  been  voted  on.  At 
such  election,  each  senatorial  district  shall  elect  two  delegates  for 
each  senator  to  which  it  may  be  then  entitled  in  the  general  assembly, 
and  every  such  delegate  shall  have  the  qualifications  of  a  senator. 
The  election  shall  be  conducted  in  conformity  with  the  laws  regulat- 
ing the  election  of  senators.  The  delegates  so  elected  shall  meet  at 
such  time  and  place  as  may  be  provided  by  law,  and  organize  them- 
selves into  a  convention,  and  proceed  to  revise  and  amend  the  con- 
stitution; and  the  constitution,  when  so  revised  and  amended,  shall, 
on  a  day  to  be  therein  fixed,  not  less  than  sixty  nor  more  than  ninety 
days  after  that  on  which  it  shall  have  been  adopted  bv  the  conven- 
tion, be  submitted  to  a  vote  of  the  people  for  and  against  it,  at  an 
election  to  be  held  for  that  purpose  only;  and  if  a  majority  of  all 
the  votes  given  be  in  favor  of  such  constitution,  it  shall,  at  the  end 


Mi8muri—1865  22 1 7 

of  thirty  days  after  such  election,  become  the  constitution  of  this 
State.  The  result  of  such  election  shall  be  made  known  by  proclama- 
tion b}'  the  governor.  The  general  assembly  shall  have  no  power, 
otherwise  than  as  in  this  section  specified,  to  authorize  a  convention 
for  revising  and  amending  the  constitution. 

Akticle  XIII 

PROVISIONS  FOR  PTTTTIN<;  THIS  CONSTITUTION  INTO  FORCE 

And  we  do  further  ordain  as  follows: 

Section  1.  The  preceding  parts  of  this  instrument  shall  not  take 
effect  unless  this  constitution  be  ado]:)ted  by  the  people  at  the  election 
to  be  held  as  hereinafter  directed;  but  the  provisions  of  this  article 
shall  be  in  force  from  the  day  of  the  adoption  of  this  constitution  by 
the  representatives  of  the  people  in  this  convention  assembled. 
I  Sec.  2.  For  the  purpose  of  ascertaining  the  sense  of  the  people  in 
regard  to  the  adojDtion  or  rejection  of  this  constitution,  the  same  shall 
be  submitted  to  the  qualified  voters  of  the  State,  at  an  election  to  be 
held  on  the  sixth  day  of  June,  one  thousand  eight  hundred  and  sixty- 
five,  at  the  several  election  precincts  in  this  State,  and  elsewhere,  as 
hereinafter  provided.  On  that  day,  or  on  any  day  not  more  than 
fifteen  days  prior  thereto,  such  qualified  voters  of  this  State  as  shall 
then  be  absent  from  the  places  of  their  residence,  by  reason  of  their 
being  in  the  military  service  of  the  United  States,  or  of  this  State, 
whether  they  then  be  in  or  out  of  this  State,  shall  be  entitled  to  vote 
on  the  adoption  or  rejection  of  this  constitution.  For  that  purpose,  a 
poll  shall  be  opened  in  each  Missouri  regiment  or  comj^any  in  such 
service,  at  the  quarters  of  the  commanding  officer  thereof;  and  the 
voters  of  this  State  belonging  to  such  regiment  or  compau}',  and  any 
others  belonging  to  any  other  such  regiment  or  company,  and  wdio 
may  be  present,  may  vote  at  such  poll.  Any  one  or  two  commissioned 
officers  of  such  regiment  or  company,  who  may  be  present  at  the 
opening  of  the  polls,  shall  act  as  judge  or  judges  of  the  election ;  and 
if  no  such  officer  be  present,  then  the  voters  of  such  regiment  or  com- 
pany present  shall  elect  two  of  the  voters  present  to  act  as  such 
judges.  Every  such  judge  shall,  before  any  votes  are  received,  take 
an  oath  or  affirmation  that  he  will  honestly  and  faithfully  perform 
the  duties  of  judge,  and  make  proper  return  of  the  votes  given  at 
such  election ;  and  such  oath  the  judges  may  administer  to  each  other. 
In  any  election  held  in  a  regiment  or  company,  the  polls  shall  be 
opened  at  eight  o'clock  a.  m.,  and  closed  at  six  o'clock  p.  m. 

Sec.  3.  The  election  provided  for  in  the  next  preceding  section 
shall  be  by  ballot.  Those  ballots  in  favor  of  the  constitution  shall 
have  Avritten  or  ])rinted  thei-eon  the  words  ''  New  constitution — 
Yes;"  those  against  the  ccmstitution  shall  have  written  or  printed 
thereon  the  Avords,  "■  New  constitution — Xo.*' 

Sec.  4.  The  said  election  shall  be  conducted,  and  the  returns  thereof 
made  to  the  clerks  of  the  several  county  courts,  and  by  them  immedi- 
ately certified  to  the  secretary  of  state,  as  provided  by  law  in  the 
case  of  elections  of  State  officers;  and  where  an  election  shall  be  held 
in  a  regiment  or  company,  the  returns  thereof,  with  the  poll-books, 
shall  be  certified  to  the  secretary  of  state,  and  may  be  transmitted  by 


2218  Missouri— 1865 

mail,  or  by  any  messenger  to  whom  the  judges  of  the  election  may 
intrust  the  same  for  that  purpose. 

Sec.  5.  Any  qualified  voter  of  this  State,  within  the  State,  who  on 
the  day  of  said  election  shall  be  absent  from  the  place  of  his  residence, 
may  vote  at  any  place  of  voting,  upon  satisfying  the  judges  that  he  is 
a  qualified  voter,  and  being  sworn  by  them  that  he  has  not  voted  and 
will  not  vote  at  said  election  in  an}'^  other  election  precinct. 

Sec.  6.  At  said  election  no  person  shall  be  allowed  to  vote  who 
would  not  be  a  qualified  voter  according  to  the  terms  of  this  consti- 
tution if  the  second  article  thereof  were  then  in  force.  The  judges  of 
election  shall  administer  to  every  person  offering  to  vote,  in  lieu  of 
the  oath  now  required  to  be  taken  by  voters  uncler  the  ordinance  of 
June  10,  1862,  the  following  oath,  to  wit :  "  I,  A.  B.,  do  solemnly 
swear  that  I  am  well  acquainted  with  the  terms  of  the  third  section 
of  the  second  article  of  the  constitution  of  the  State  of  Missouri, 
adopted  by  the  convention  which  assembled  in  the  cit,y  of  Saint  Louis 
on  the  6th  day  of  January,  eighteen  hundred  and  sixty-five,  and  have 
carefully  considered  the  same;  that  I  have  never,  directly  or  indi- 
rectly, done  any  of  the  acts  in  said  section  specified;  that  I  have 
always  been  truly  and  loyally  on  the  side  of  the  United  States  against 
all  enemies  thereof,  foreign  and  domestic ;  that  I  will  bear  true  faith 
and  allegiance  to  the  United  States,  and  will  support  the  Constitu- 
tion and  laws  thereof  as  the  supreme  law  of  the  land,  any  law  or  or- 
dinance of  any  State  to  the  contrary  notwithstanding;  that  I  will, 
to  the  best  of  my  ability,  protect  and  defend  the  Union  of  the  United 
States,  and  not  allow  the  same  to  be  broken  up  and  dissolved,  or  the 
Government  thereof  to  be  destroyed  or  overthrown,  under  any  cir- 
cumstances, if  in  my  power  to  prevent  it ;  and  that  I  make  this  oath 
without  any  mental  reservation  or  evasion,  and  hold  it  to  be  binding 
on  me."  Should  any  such  person  decline  to  take  said  oath,  he  shall 
not  be  permitted  to  vote  at  said  election ;  but  the  taking  thereof  shall 
not  be  deemed  conclusive  evidence  of  the  right  of  such  person  to  vote, 
but  such  right  may  be  disputed  and  dis]Droved.  Any  person  who  shall 
falsely  take,  or  having  taken  shall  thereafter  wilfully  violate  the 
oath  prescribed  in  this  section,  shall,  upon  conviction  thereof  by  any 
court  of  competent  jurisdiction,  be  adjudged  guilty  of  the  crime  of 
perjury,  and  shall  be  punished  therefor  in  accordance  with  existing 
law. 

Sec.  T.  On  the  first  day  of  July  next  ensuing  said  election,  the 
secretary  of  state  shall,  in  presence  of  the  governor,  the  attorney- 
general,  or  the  State  auditor,  proceed  to  examine  and  cast  up  the 
returns  of  the  votes  taken  at  said  election,  and  certified  to  him, 
including  those  of  persons  in  the  military  service;  and  if  it  shall  ap- 
pear that  a  majority  of  all  the  votes  cast  at  such  election  were  in 
favor  of  the  constitiition.  the  governor  shall  issue  his  proclamation, 
stating  that  fact,  and  this  constitution  shall,  on  the  fourth  dciy  of  said 
month  of  July,  be  the  constitution  of  the  State  of  Missouri. 

Sec.  8.  The' officer  now  known  as  the  "  auditor  of  public  accounts  " 
shall  hereafter  be  styled  State  auditor. 

Sec.  9.  The  office  of  register  of  lands  shall  continue  until  the  gen- 
eral assembly  shall  abolish  the  same. 

Done  by  the  representatives  of  the  people  of  the  State  of  Missouri, 
in  convention  assembled,  at  the  city  of  Saint  Louis,  on  the  8th  day  of 


Missouri— 1865  2219 

April,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-five,  and  of  the  Independence  of  the  United  States  the  eighty- 
ninth. 

Arnold  Krekel,  President. 
Chas.  D.  Drake,  Vice-President. 
Amos  P.  Foster,  Secretary. 
Thos.  Proctor,  As'sistant  Secretary. 

Ordinances  Adopted  by  the  Convention — 1865. 

ABOLISHING    SLAVERY    IN    MISSOURI 

(Adopted  January  11,  18B5) 

Be  it  ordained.,  c&c,  That  hereafter  in  this  State  there  shall  be 
neither  slaverv  nor  involuntary  servitude,  except  in  punishment  of 
crime  whereof  the  party  shall  have  been  duly  convicted ;  and  all 
persons  held  to  service  or  labor  as  slaves  are  hereby  declared  free. 

TO    PROTECT    EMANCIPATED    NEGROES 
(Adopted  January   12,   1865) 

Be  it  ordained,  dec,  That  no  person  emancipated  by  the  ordinance 
abolishing  slavery  in  Missouri,  adopted  on  the  eleventh  day  of  Janu- 
ary, one  thousand  eight  hundred  and  sixty-five,  shall,  by  any  county 
court  or  other  authority,  be  apprenticed,  or  bound  for  any  service, 
except  in  pursuance  of  such  laws  as  the  general  assembly  of  this 
State  may  hereafter  enact,  made  specially  applicable  to  the  persons 
so  emancipated. 

PROVIDING   FOR   THE   VACATING   OF    CERTAIN    CIVIL   OFFICES,    FILLING   THE 
SAME   ANEW,    AND    PROTECTING    THE    CITIZENS 

(Adopted  March  17,  1865) 

Section  1.  Be  it  ordained,  (&c.,  That  the  offices  of  the  judges  of 
the  supreme  courts,  of  all  circuit  courts,  and  of  all  courts  of  record 
established  by  any  act  of  the  general  assembly,  and  those  of  the 
justices  of  all  county  courts,  of  all  clerks  of  any  of  the  aforesaid 
courts,  of  all  circuit  attorneys  and  their  assistants,  and  of  all  sheriffs 
and  county  recorders,  shall  be  vacated  on  the  first  day  of  ]May,  one 
thousand  eight  hundred  and  sixty-five,  and  the  same  shall  be  filled 
for  the  remainder  of  the  term  of  each  of  said  offices,  respectively, 
by  ai)p()intment  by  the  governor.  The  governor  shall  in  like  nuin- 
ner,  and  with  like  efi'ect,  fill  any  vacancy  now  existing  in  any  of  said 
offices.  Eveiy  person  a])pointed*by  the  governor  under  this  ordi- 
nance shall,  before  entering  upon  the  discharge  of  the  duties  of  his 
office,  take  the  oath  prescribed  in  the  second  section  of  the  ordinance 
defining  the  qualifications  of  voters  and  civil  officers  in  this  State, 
adopted  June  tenth,  one  thousand  eight  hundred  and  sixty-two, 
and  shall  give  bond  in  such  form,  in  such  sum.  and  with  such 
security  as  are  required  by  existing  laws. 

Sec.  2.  Xo  ])erson  shall  be  prosecuted  in  any  civil  action  or  criminal 
proceeding  for  or  on  account  of  any  act  by  him  done,  performed,  or 


2220  Missouri— 1865 

executed  after  the  first  day  of  January,  one  thousand  eight  hundred 
and  sixty-one,  by  virtue  of  military  authority  vested  in  him  by  the 
Government  of  the  United  States,  or  that  of  this  State,  to  do  such 
act,  or  in  pursuance  of  orders  received  by  him  or  them  from  any  per- 
son vested  with  such  authority;  and  if  any  action  or  proceeding  be 
brought  or  instituted  against  any  person  for  the  doing  of  any  such 
act,  the  defendant  may  plead  in  bar  thereof,  and  give  this  ordinance 
in  evidence.  The  provisions  of  this  section  shall  apply  in  all  cases 
where  suits  are  now  pending,  in  the  same  manner  and  witli  like  effect 
as  in  suits  or  actions  hereafter  brought. 

PROVIDING    FOR    OBTAINING    THE    VOTES    OF    MISSOURI    SOLDIERS    ON    THE 

CONSTITUTION 

(Adopted  April  8,  1865) 

Section  1.  Be  it  o?xIained,  d'c,  The  governor  of  this  State  is  re- 
quired, on  or  before  the  fifteenth  day  of  May  next,  or  immediately 
thereafter,  to  send  messengers  to  the  different  points  where  there  are 
citizens  of  this  State,  beyond  the  limits  thereof,  in  the  volunteer  army 
of  the  United  States,  in  order  to  obtain  the  votes  of  such  persons  upon 
the  adoption  or  rejection  of  the  constitution  adopted  by  this  conven- 
tion. The  said  messengers  shall  be  provided  with  duly-prepared 
poll-books  for  said  election,  the  expense  whereof,  and  also  the  com- 
pensation of  such  messengers,  and  all  other  expenses  connected  with 
sending  such  messengers,  shall  be  certified  b}^  the  governor;  and  the 
State  auditor  shall  draw  his  warrant  upon  the  treasurer  for  all 
amounts  so  certified,  payable  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

Sec.  2.  That  such  number  of  copies  of  the  new  constitution  adopted 
by  this  convention  as  the  governor  may  think  necessary  to  a  proper 
understanding  of  the  constitution  shall  be  sent  to  the  Missouri  soldiers 
with  such  messengers. 

FOR  the  organization  AND  GOVERNMENT  OF  THE  MISSOURI  MILITIA 
(Adopted  April  8,  1865) 

Section  1.  Be  it  ordained,  c&c.  All  able-bodied  male  inhabitants 
of  the  State  of  Missouri  shall  be  liable  to  military  duty  under  this 
ordinance,  except  as  is  hereinafter  provided,  and,  when  orgjuiized, 
shall  constitute  and  l)e  known  and  designated  as  the  '*  Missouri 
militia." 

Sec.  2.  Persons  over  the  age  of  forty-five  years,  and  under  the  age 
of  eighteen  years;  United  States  mail  carriers,  when  actually  em- 
ployed as  such;  United  States  and  State  officers;  one  miller  to  each 
public  mill,  and  an  engineer  for  the  same,  when  actually  employed  in 
said  capacity ;  teachers  of  public  schools ;  ministers  of  the  gospel ; 
regular  practising  physicians,  and  railroad  employes  shall  be  exempt 
from  duty  in  the  militia,  and  shall  be  entitled  to,  and  receive  from 
the  enrolling  officer,  a  certificate  to  that  effect,  on  producing  to  said 
enrolling  officer  satisfactory  evidence  of  their  respective  avocations  or 
employments. 


Missouri— 1865  2221 

Sec.  3.  There  shall  be  an  enrolling  officer  for  each  county,  with  the 
rank  of  a  lieutenant,  appointed  b}^  the  commanding  officer  of  each  sub- 
district,  whose  duty  it  shall  be  to  enroll  all  persons  in  said  county, 
liable  to  do  military  duty,  once  in  each  j'ear ;  and  all  enrolments  here- 
tofore made  under  existing  laws  shall  be  taken  and  considered  as  made 
under  this  ordinance. 

Sec.  4.  The  militia,  as  soon  as  enrolled,  shall  be  organized  into 
])latoons,  companies,  regiments,  and  brigades.  A  platoon  shall  be 
composed  of  not  less  than  thirty-two  nor  more  tlian  forty-six  privates, 
two  sergeants,  four  corporals,  and  one  lieutenant.  A  company  shall 
consist  of  the  number  of  men,  commissioned  and  non-connnissioned 
officers,  prescribed  by  the  Revised  Regulations  of  the  Army  of  the 
United  States.  A  regiment  shall  consist  of  eight  companies  or  more, 
with  the  number  of  field  and  staff  officers  prescribed  by  Army  Regu- 
lations for  the  particular  branch  of  service  to  which  it  may  be  as- 
signed.    A  brigade  shall  consist  of  three  or  more  regiments. 

Sec.  5.  Platoons  or  companies,  as  soon  as  organized,  shall  elect 
their  commissioned  officers,  which  officers,  together  with  all  l^rigade, 
regimental,  and  staff  officers  appointed  by  the  governor,  and  all  non- 
commissioned company  officers,  shall,  before  conunissions  or  Avarrants, 
as  the  case  mav  be,  shall  [be]  issue[d]  to  them,  take  and  subscribe  the 

following  oath :  ''  I,  A.  B.,  aged years,  of  the  count}'  of , 

in  the  State  of  Missouri,  and  a  native  of  ,  do  on  oath   [or 

affirmation]  declare  that  I  have  not,  during  the  present  rebellion, 
taken  up  arms  or  levied  war  against  the  United  States  nor  against 
ihe  State  of  Missouri,  nor  have  I  wilfully  adhered  to  the  enemies  of 
either,  whether  domestic;  or  foreign,  bv  giving  aid  and  comfort,  by 
denouncing  said  governments,  or  either  of  them,  by  going  into  or 
favoring  or  encouraging  others  to  go  into,  or  favor  secession,  rebel- 
lion, or  disunion,  but  have  always  in  good  faith  opposed  the  same; 
and  further,  that  I  will  support,  protect,  and  defend  the  Constitution 
of  the  United  States  and  of  the  State  of  Missouri  against  all  enemies 
or  opposers,  whether  domestic  or  foreign,  any  ordinance,  law,  resolu- 
tion of  any  State  convention  or  legislature,  or  of  any  orders,  organ- 
izations, secret  or  otherwise,  to  the  contrary  notwithstanding,  and 
that  I  do  this  with  an  honest  purpose,  pledge,  and  determination 
faithfully  to  perform  the  same,  without  any  mental  reservation  or 
evasion  whatsoever :  So  help  me  God." 

Sec.  6.  The  governor  shall  nominate  and,  by  and  with  the  advice 
and  the  consent  of  the  senate,  appoint  two  brigadier-generals,  and  no 
more,  and  as  many  colonels,  lieutenant-colonels,  and  nuijors  as  ma}" 
l)e  necessary  for  properl}^  disciplining  and  governing  the  force  or- 
ganized under  this  ordinance:  Proridvd,  hoircrci'.  That  the  officers 
and  men  thus  conunissioned  and  organized  shall  not  be  entitled  to  nor 
receive  any  pa}',  rations,  or  emoluments  when  not  in  actual  service. 

Sec.  7.  The  part  of  the  State  north  of  the  INIissouri  River  shall  be 
known  as  the  '"  First  military  district,"  and  the  part  of  the  State 
south  of  said  river  shall  be  known  as  the  "  Second  military  district," 
which  shall  be  divided  into  such  subdistricts  as  in  the  judgment  of 
the  commander-in-chief  the  good  of  the  service  may  require. 

Sec.  8.  The  staff  of  general  oflicers  shall  be  the  same  as  for  the  time 
may  be  prescribed  by  regulations  of  the  Ignited  States  Army,  or 
orders  of  (he  AVar  Department,  g()\erning  api)<)intiiients  of  officers  of 


2222  Missouri— 1865 

the  same  grade  in  the  United  States  service,  all  of  whom  shall  be 
detailed  from  the  line  of  the  command  of  the  officer  to  whose  staff 
they  are  attached. 

Sec.  9.  The  staff  of  the  commander-in-chief  shall  be  an  adjutant- 
general,  with  the  rank  and  pay  of  colonel  of  cavah-y;  a  quarter- 
master-general, an  inspector-general,  and  a  commissary-general,  each 
with  the  rank  and  pay  of  a  colonel  of  cavalry;  a  paymaster-general, 
with  the  rank  and  pay  of  lieutenant-colonel  of  infantr}- ;  a  surgeon- 
general,  with  the  rank  and  pay  of  colonel  of  infantry;  a  judge-advo- 
cate-general, with  the  rank  and  pay  of  lieutenant-colonel  of  infantry ; 
three  aides-de-camp,  Avith  the  rank  and  pay  of  major  of  infantry. 
He  may  detail  from  the  line  and  field  officers  of  any  regiment  such 
officers  as  he  may  deem  proper,  and  assign  them  to  duty  on  his  staff. 

Sec.  10.  It  shall  be  lawful  for  the  commander-in-chief  to  call  into 
service  such  platoons,  companies,  or  regiments  as  the  safety  and  peace 
of  the  State  may  require,  and  to  issue  such  instructions  as  may  be 
necessary  to  insure  strict  discipline  and  familiarity  in  drill. 

Sec.  11.  The  publication  of  the  proclamation  of  the  governor  shall 
be  deemed  sufficient  notice  to  all  persons  subject  to  military  duty  to 
report  to  their  respective  commanding  officer  for  active  service. 

Sec.  12.  The  Articles  of  War  and  Army  Regulations,  as  published 
bv  authority  of  the  War  Department  of  the  United  States,  shall  be 
observed  by  the  Missouri  militia  in  every  particular  not  otherwise 
provided  by  this  ordinance,  and  the  manner  of  drill  shall  be  such  as 
is  prescribed  in  the  tactics  adopted  for  the  United  States  Arm3\ 

Sec.  13.  Whenever  the  militia,  or  any  part  of  it,  is  called  into  serv- 
ice, the  inspector-general,  or  his  assistants,  shall  muster  such  force 
into  the  service  on  the  rolls  of  the  platoon  or  company,  one  of  which 
rolls  shall  be  retained  by  the  commanding  officer  of  the  platoon  or 
company,  one  copy  shall  be  returned  to  the  adjutant-general  of  the 
State,  and  one  copy  to  the  district  headquarters.  He  shall  administer 
to  each  platoon  or  company  separately  the  following  oath :  ''  You  and 
each  of  you  do  solemnly  swear  that  you  will  support,  protect,  and 
defend  the  United  States  and  the  State  of  Missouri,  and  the  consti- 
tution and  laws  thereof,  against  all  their  enemies;  that  3^ou  will  assist 
in  enforcing  the  laws,  and  wdll  obey  all  laAvful  orders  of  the  officers 
having  authority  to  command  you  whilst  in  the  service :  So  help  you 
God."  And  any  person  subject  to  military  duty  who  shall  refuse  to 
take  said  oath  shall  be  considered  and  treated  as  a  prisoner  of  war. 

Sec.  14.  The  surgeon-general  shall  appoint  a  physician  or  surgeon 
for  each  county  to  examine  persons  claiming  exemption,  who  shall 
give  to  every  person  exempted  by  him  a  certificate,  and  shall  return 
to  the  office  of  the  adjutant  of  the  district,  within  five  days  after  the 
close  of  each  of  his  sittings,  a  complete  list  of  all  persons  so  exempted. 
The  physician  or  surgeon  so  employed  shall  receive  the  pay  of  a 
major  of  infantry  while  actually  engaged  in  such  service. 

Sec.  15.  Any  physician  or  surgeon,  authorized  b}'  the  provisions  of 
this  ordinance  to  issue  certificates  of  exemption,  who  shall  fraudu- 
lently issue  any  such  certificates,  shall  be  liable  to  a  fine  of  not  less 
than  five  hundred  dollars,  to  be  recovered  by  indictment  before  the 
circuit  court  of  the  proper  county,  except  Saint  Louis  County,  where 
the  indictment  shall  be  before  the  criminal  court. 

Sec.  16.  Every  person  who  neglects  or  refuses  to  enroll  himself 
shall  pay  the  sum  of  twenty  dollars,  to  be  levied  upon  his  goods  and 


}rissouri—lS6'S  2223 

chattels,  by  order  of  the  commanding  officer  of  the  district,  and  may 
be  imprisoned  or  put  at  hard  labor  by  said  officer  until  said  fine  is 
paid,  and  shall  then  be  enrolled  and  assigned  to  such  i)latoon  or  com- 
pany as  the  connnanding  officer  of  the  district  may  direct;  and  any 
person  duly  enrolled  and  lial)le  to  militia  service  Avho  shall  refuse  or 
neglect  to  perform  such  service,  shall  pay  a  fine  of  five  dollars  per 
cfay  for  ever}-  day  he  fails  to  render  such  service,  after  having  been 
thereto  required  by  his  officers,  and  in  addition  thereto  such  delin- 
quent shall  be  subject  to  arrest,  trial,  and  punishment,  Avithin  the  dis- 
cretion of  a  court-martial,  and  nothing  in  this  section  shall  be  con- 
strued to  exempt  any  man  from  military  service. 

Sec.  17.  The  commanding  officer  of  each  platoon  or  company  shall 
certify  to  the  connnanding  officer  of  the  battalion  or  regiment  to 
which  he  is  attached  a  list  of  all  persons  liable  to  fine  under  the  pro- 
visions of  this  ordinance,  with  the  number  of  days  each  person  has 
neglected  or  refused  to  do  duty,  which  list  shall  be,  by  the  command- 
ing officer  of  the  battalion  or  regiment,  certified  to  the  clerk  of  the 
circuit  court  of  the  county  ten  days  before  the  next  term  of  the  said 
court,  who  shall  place  a  copy  of  said  list  in  a  conspicuous  place  in  his 
office  at  least  five  days  before  the  first  day  of  the  term. 

Sec.  18.  It  shall  be  the  duty  of  the  circuit  court  to  render  a  judg- 
ment, an  award,  an  execution  against  each  person  named  in  said  lists 
for  the  sum  due  by  him.  and  costs,  which  shall  be  collected  as  other 
fines.  The  sheriff  of  the  count}'  may  collect  all  sums  due  in  said  lists 
before  judgment,  and  shall  pay  over  the  same  to  the  State  treasury 
to  the  credit  of  the  "  T^nion  military  fund."  He  shall  certify  to  the 
commanding  officer  of  the  district  the  names  of  all  persons  who  fail 
to  pay  the  amount  stated  against  them  in  said  lists,  or  who  have  no 
projxn-ty  whereof  to  levy  such  execution.  And  the  connnanding 
officer  of  the  district  shall  arrest  and  put  at  labor  the  persons  men- 
tioned in  the  last-nanuMl  list,  until  tlie  amounts  due  by  them  are  ]:)aid. 
And  it  shall  l)e  the  duty  of  the  circuit  attorney  of  the  pro])er  circuit 
lo  prosecute  all  such  matters  as  shall  come  before  the  said  court  by 
virtue  of  this  section. 

Sec.  19.  The  sum  of  fifty  cents  per  day  shall  be  reckoned  to  every 
person  put  at  labor,  under  the  j^rovisions  of  this  ordinance,  until  the 
line  or  penalty  due  by  him  is  fully  paid. 

Sec.  20.  The  uniform  of  the  ^Missouri  militia  shall  be  the  same  as 
prescribed  by  the  l"nit(Hl  States  Army  Regulations  for  the  Army  of 
the  United  States,  until  otherwise  ordered  by  the  i-ommander-in-cliief. 

Sec.  21.  All  officers,  when  on  duty,  shall  wear  the  uniform  of  their 
rank,  and  no  person,  not  in  the  military  service  of  the  State  or  the 
United  States,  shall  wear  any  insignia  of  rank,  or  any  part  of  uni- 
form, under  a  ])enalty  of  twenty  dollars  for  every  oii'ence,  to  be 
recovered  by  suit  and  smnmary  trial  before  any  justice  of  the  peace. 

Sec.  22.  The  pay  of  the  militia  shall  be  the  same  for  officers  and 
men  as  allowed  for  the  time  by  the  United  States  to  officers  and  sol- 
diers, and  lifty  cents  for  each  day's  service  of  his  horse,  when  he  is 
mounted:  and  such  pay  shall  be  in  the  same  funds  in  Avhich  the 
United  States  volunteers  are  paid,  or  their  equivalent. 

Sec.  2:^.  All  taxes  levied  and  collected  for  military  purjjoses,  and 
all  fines  imposed  upon  militia-men  by  this  ordinance,  all  proceeds  of 
the  sale  of  contraband  or  captured  property  seized  or  captured  by  the 
militia,  and  all  other  appropriations  and  levies  made  for  the  benefit  of 


2224  Missouri— 1865 

the  militia,  shall  likewise  be  paid  into  the  treasury,  to  the  credit  of  the 
said  Union  military  fund.  Out  of  such  fund  shall  be  paid,  first,  all 
sums  noAv  due  the  enrolled  Missouri  militia  for  services  rendered,  and 
Union  military  bonds  now  outstanding  or  hereafter  issued;  and. 
second,  all  expenses  incurred  according  to  law,  and  audited  by  the 
proper  officers,  and  appropriations  for  military  purposes,  as  other 
claims  against  the  State. 

Sec.  24.  The  governor  of  the  State  shall  lay  before  the  general 
assembly,  at  each  regular  session  thereof,  a  report  of  the  moneys 
expended  for  militia  purposes,  and  an  estimate  of  the  funds  necessary 
for  support  of  the  militia  for  the  next  two  years. 

Sec.  25.  The  commander-in-chief  may  assign  to  duty,  as  paymas- 
ters, such  officers  as  may  to  him  seem  proper,  not  exceeding  four  in 
number,  with  the  rank  and  pay  of  majors  of  infantry,  and  require 
them,  before  entering  upon  the  discharge  of  the  duties  of  the  office, 
to  execute  a  bond  in  a  sum  and  with  such  securities  as  he  shall  order, 
conditioned  for  the  faithful  performance  of  their  duty. 

Sec.  26.  Any  officer,  civil  or  military,  who  may  refuse  to  account 
for  and  pay  over,  according  to  law,  any  moneys  or  property  coming 
to  his  hands  belonging  to  the  militia  fund,  shall,  upon  conviction 
thereof  in  the  circuit  or  criminal  court,  on  indictment,  be  sentenced 
to  imprisonment  in  the  penitentiary  for  a  term  of  not  less  than  five 
nor  more  than  ten  years. 

Sec,  27.  C ourts-mai'tial. — Courts-martial  shall  be  constituted  and 
shall  proceed  in  all  cases,  and  be  governed  by  the  laws  and  regula- 
tions prescribed  for  the  United  States  Army. 

Sec.  28.  The  general  assembly  of  this  State  shall  provide  the  ways 
and  means  for  the  payment  of  the  Missouri  militia,  and  may,  at  any 
time,  amend  or  repeal  this  ordinance. 

Sec.  29.  An  act  entitled  "An  act  for  the  organization  and  govern- 
ment of  the  Missouri  militia,"  approved  February  10,  1865,  and  all 
other  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this 
ordinance  are  hereby  abrogated. 

roR  the  payment  of  state  and  railroad  indebtedness 
(Adopted  April  8,  1865) 

Section  1.  Be  it  ordained^  d'C,  There  shall  be  levied  and  collected 
from  the  Pacific  Railroad,  the  Xorth  Missouri  Eailroad  and  the 
Saint  Louis  and  Iron  Mountain  Railroad  Company  an  annual  tax  of 
ten  per  centum  of  their  gross  receipts  for  the  transportation  of  freight 
and  passengers  (not  including  amounts  received  from  and  taxes  paid 
to  the  United  States)  from  the  first  of  October,  1866,  to  the  first  of 
October,  1868,  and  fifteen  per  centum  thereafter;  which  tax  shall  be 
assessed  and  collected  in  the  county  of  Saint  Louis,  in  the  same 
manner  as  other  State  taxes  are  assessed  and  collected,  and  shall  be 
appropriated  by  the  general  assembly  to  the  payment  of  the  principal 
and  interest  now  due.  or  hereafter  to  become  due,  upon  the  bonds  of 
the  State,  and  the  bonds  guaranteed  by  the  State,  issued  to  the  afore- 
said railroad  companies. 

Sec.  2.  A  like  tax  of  fifteen  per  centum  shall  be  assessed  and  col- 
lected from  the  Hannibal  and  Saint  Joseph  Railroad  Company,  and 
from  the  Platte  County  Railroad  Company,  whenever  default  is  made 


Missouri— 1865  2225 

by  said  companies,  or  either  of  them,  in  the  pa^yment  of  the  interest 
or  principal  of  the  bonds  of  the  State,  or  the  bonds  guaranteed  by 
the  State,  issued  lo  said  companies,  respectively;  which  tax  shall  be 
assessed  and  collected  in  such  nianiior  as  the  general  assembly  may  by 
law  direct,  and  shall  be  applied  for  the  payment  of  the  principal  and 
interest  of  said  bonds  as  the  same  may  become  due  and  ])ayable. 

Sec.  3.  The  tax  in  this  ordinance  specified  shall  be  collected  from 
each  company  hereinbefore  named  only  for  the  ])ayment  of  the  prin- 
cipal and  interest  of  the  bonds  for  the  payment  of  which  such  company 
shall  be  liable,  and,  whenever  such  bonds  and  interest  shall  have  been 
fully  paid,  no  further  tax  shall  be  collected  from  such  company;  but 
nothing  shall  be  received  by  the  State  in  discharge  of  any  amounts 
due  upon  said  bonds  except  cash  or  other  bonds  or  obligations  of  this 
State. 

Sec.  4.  Should  either  of  said  companies  refuse  or  neglect  to  pay 
said  tax,  as  herein  required,  and  the  interest  or  principal  of  any  of 
said  bonds  or  any  part  thereof  remain  due  and  unpaid,  the  general 
assembly  shall  provide,  by  law",  for  the  sale  of  the  railroad  and  other 
property,  and  the  franchises  of  the  company  that  shall  thus  be  in 
default,  under  the  lien  reserved  to  the  State,  and  shall  appropriate 
the  proceeds  of  such  sale  to  the  payment  of  the  amount  remaining 
due  and  unpaid  from  said  company. 

Sec.  5,  Whenever  the  State  shall  become  the  purchaser  of  any  rail- 
road or  other  property  or  the  franchises  sold  ns  hereinbefore  provided 
for,  the  general  assembly  shall  provide,  by  law,  in  what  manner  the 
same  shall  be  sold,  for  the  payment  of  the  indebtedness  of  the  railroad 
company  in  default;  but  no  railroad  or  other  property,  or  franchises 
jiurcliascd  by  the  State,  shall  be  restored  to  any  such  company,  until 
it  shall  have  first  paid  in  money  or  in  ^lissouri  Slate  bonds,  or  in 
bonds  guaranteed  by  this  State,  all  interest  due  fi'om  said  company; 
and  all  interest  thereafter  accruing  shall  be  paid  semiannually,  in 
advance;  and  no  sale  or  other  disposition  of  any  such  railroad  or 
other  property,  or  the  franchises,  shall  be  made  without  reserving 
a  lien  npon  all  the  property  and  franchises  thus  sold  or  disposed  of, 
for  all  sums  remaining  unpaid;  and  all  payments  therefor  shall  be 
made  in  money,  or  in  the  bonds  or  other  obligations  of  this  State. 

Sec.  6.  The  general  assembly  shall  provide,  by  law,  for  the  pay- 
ment of  all  State  indebtedness  nothereinbefore  provided  for;  and  for 
this  purj^ose  a  tax  of  one-quarter  of  one  i)er  centum  on  all  real  estate, 
and  other  property  and  effects  subjected  to  taxation,  shall  l)e  assessed 
and  collected,  and  shall  l)e  appropriated  for  the  payment  of  all  such 
indebtedness  that  may  have  matured,  and  the  surjilus.  if  any,  shall 
be  set  apart  as  a  sinking  fund  for  the  payment  of  the  obligations  of 
the  State  that  may  hereafter  become  due.  and  for  no  other  purpose 
whatsoever. 

Sec.  7.  At  the  election  to  be  held  on  the  Oth  day  of  June,  eighteen 
hundred  and  sixty-five,  for  the  ]iur])ose  of  ascertaining  the  sense  of 
the  people  in  regard  to  the  adoption  or  rejection  of  the  constitution 
adopted  by  this  convention,  the  ([uestion  of  the  adoption  or  rejection 
of  this  ordinance  shall  be  sul)mitted  lo  the  voters  of  this  Slate,  who 
shall  be  qualified  as  voters  under  the  provisions  of  article'  13th  of  said 
constitution,  and  shall  take  the  oath  in  said  article  prescril)ed  ;  and  the 
vote  of  such  election  shall  be  taken,  and  returns  thereof  made,  at  the 
7253— VOL  3—07 20 


2226  Missouri— 1865 

same  time,  under  the  same  restrictions,  and  in  the  same  manner  as 
in  said  article  is  provided  for  the  vote  upon  the  question  of  the  adoj)- 
tion  or  rejection  of  said  constitution.  The  election  herein  provided 
for  shall  be  by  ballot.  Those  ballots  in  favor  of  this  ordinance  shall 
have  written  or  printed  thereon  the  words,  ''  Shall  the  railroads 
pay  their  bonds? — Yes."  Those  opposed  to  this  ordinance  shall  have 
written  or  printed  thereon  the  words,  "  Shall  the  railroads  pay  their 
bonds? — No.-'  If  the  majority  of  all  the  votes  cast  at  such  election 
shall  be  in  favor  of  this  ordinance,  the  same  shall  be  valid  and  have 
full  force  and  effect  as  a  part  of  the  constitution  of  this  State,  whether 
the  new  constitution  adopted  by  this  convention  be  adopted  or  re- 
jected. 

If  a  majority  of  such  votes  shall  be  against  this  ordinance,  it  shall 
have  no  force  or  validity  whatsoever. 

The  governor  of  this  State  shall,  by  proclamation,  make  known  the 
result  of  the  election  herein  provided  for. 

FOR    PAYING    THE    OFFICERS,    MEMBERS,    AXD    OTHERS    OF    THE    MISSOURI 

STATE    CONVENTION 

(Adopted  April  .5.  1865) 

1st.  Be  it  ordained^  d'C.^  That  there  be,  and  is  hereby,  appropriated, 
out  of  any  money  in  the  treasury  of  this  State,  the  sum  of  twenty 
thousand  clollars  for  the  payment  of  members,  and  all  other  expenses 
of  the  Missouri  State  convention. 

2d.  The  State  treasurer  is  hereby  required  and  authorized  to  pay  to 
the  chairman  of  the  committee  on  accounts  (Mr.  Ferdinand  Meyer) 
the  aforesaid  sum  of  twenty  thousand  dollars,  and  to  take  his  receipt 
therefor;  and  the  committee  on  acounts  shall  audit  all  indebtedness 
incurred  by  this  convention;  and  if  any  debts  should  remain  unpaid 
after  the  above  appropriation  is  exhausted,  then  the  general  assembly 
at  its  next  session  shall  provide  for  the  full  and  complete  payment  of 
the  same. 

3d.  The  auditor  of  public  accounts  is  required  and  authorized  to 
audit  the  accounts  of  the  committee  on  accounts,  and  make  full  settle- 
ment with  them,  paying  them  per  diem  and  mileage  now  allowed  to 
a  member  for  all  the  necessary  time  occupied  and  journeys  made  after 
the  close  of  this  convention. 

AMENDMENTS    TO    THE    CONSTITUTION    OF    1865 
(Ratified  Noveml>er  8.  1870) 

Art.  II.  New  sections  added:  Section  1.  Every  male  citizen  of 
the  United  States,  and  every  male  person  of  foreign  birth  Avho  may 
have  declared  his  intention  to  become  a  citizen  of  the  United  States, 
according  to  law,  not  less  than  one  year  nor  more  than  five  years 
before  he  ofi'ers  to  vote,  who  is  over  the  age  of  twenty-one  years,  who 
has  resided  in  this  State  one  year  next  preceding  his  registration  as 
a  voter,  and  during  the  last  sixty  days  of  that  period  shall  have 
resided  in  the  county,  city,  or  town  where  he  seeks  registration  as  a 
voter,  who  is  not  convicted  of  bribery,  perjury,  or  other  infamous 
crime,  nor  directly  or  indirectly  interested  in  any  bet  or  wager  de- 
jDending  upon  the  result  of  the  election  for  which  said  registration 


Missouri— 1865  2227 

is  made,  nor  serving,  at  the  time  of  such  registration,  in  the  Regular 
Army  or  Navy  of  the  United  States,  shall  be  entitled  to  vote  at  such 
election  for  all  officers.  State,  count}^,  and  municipal,  made  elective 
by  the  people,  or  any  other  election,  held  in  pursuance  of  the  laws  of 
this  State;  but  he  shall  not  vote  elsewhere  than  in  the  election  district 
Avhere  his  name  is  registered,  except  as  provided  in  the  twenty-first 
section  of  the  second  article  of  the  constitution.  Any  person  who 
shall,  after  the  adoption  of  this  amendment,  engage  in  any  relM'llion 
against  this  State  or  the  United  States,  shall  forever  l)e  disqualified 
from  voting  at  any  election. 

Sec.  2.  Hereafter  it  shall  not  be  required  of  any  person,  before  he  is 
registered  as  a  voter  or  offers  to  vote,  to  take  the  oath  of  loyalty  pre- 
scribed in  the  sixth  section  of  the  second  article  of  the  constitution; 
but  every  person,  before  he  is  registered  as  a  qualified  voter,  shall 
take  an  oath  to  support  the  Constitution  of  the  United  States  and  of 
the  State  of  ]Missouri. 

Sec.  3.  Sections  five,  fifteen,  sixteen,  seventeen,  eighteen,  of  the  sec- 
ond article  of  the  constitution,  and  all  provisions  thereof,  and  all  laws 
of  this  State  not  consistent  with  this  amendment,  shall,  upon  its  adop- 
tion, be  forever  rescinded  and  of  no  effect. 

Neto  section  rescinding  section  11:  Section  1.  The  eleventh  section 
of  the  second  article  of  the  constitution  of  this  State,  requiring  jurors 
to  take  the  oath  of  loyalty  prescribed  in  the  sixth  section  of  said 
article,  is  hereby  stricken  out  and  forever  rescinded. 

Xeir  scct'/oiiH  added :  Section  1.  No  person  shall  hereafter  be  dis- 
qualified fi-om  holding,  in  this  State,  any  office  of  honor,  trust,  or  profit 
under  its  authority,  or  of  being  an  officer,  councilman,  director,  trustee, 
or  other  manager  of  any  corporation,  j)ublic  or  j^rivate,  now  existing 
or  hereafter  establislied  by  its  authority,  or  of  acting  as  a  professor 
or  a  teacher  in  any  educatioiuil  institution,  or  in  any  counnon  or  other 
school,  or  of  liolding  any  real  estate  or  other  property  in  trust  for  the 
use  of  any  church,  religious  society,  or  congregation,  on  account  of 
race,  or  color,  or  previous  condition  of  servitude,  nor  on  account  of 
any  of  the  provisions  of  the  third  section  of  the  second  article  of  the 
constitution;  nor  shall  hereafter  any  such  person,  before  he  enters 
upon  the  discharge  of  his  said  duties,  be  required  to  take  the  oath  of 
loyalty  prescribed  in  the  sixth  section  of  said  article;  but  every 
l)erson  who  may  be  elected  or  appointed  to  any  office  shall,  before 
entering  upon  its  duties,  take  and  subscribe  an  oath  or  allirniation 
that  he  will  support  the  Constitution  of  the  United  States  and  of  the 
State  of  Missouri,  and,  to  the  best  of  his  skill  aiul  ability,  diligently 
and  faithfnlly.  without  partiality  or  prejudice,  discharge  the  duties 
of  such  office  according  to  the  constitution  and  laws  of  this  State. 

Sec.  2.  Sections  seven,  eight,  nine,  ten,  thirteen,  fourteen,  of  the 
second  article  of  the  constitution,  and  all  provisions  thereof,  and  all 
laws  of  this  State  not  consistent  with  this  amendment,  shall.  u])on 
its  adoption,  be  forever  rescinded  and  of  no  effect. 

Airr.  VI.  Section  1.  8o  <dtcr<d  (did  (tmeiided  as  to  rcttd :  The  ju- 
dicial i)ower,  as  to  matters  of  law  and  ecpiity,  shall  be  vested  in  a 
supi-cme  court,  in  circuit  courts,  and  in  such  inferior  ti'ibunals  as  the 
general  assembly  may  from  time  to  time  estai)lish. 

Aht.  VI.  Sec.  12.  jSo  (dtered'  and  amoidcd  as  to  read :  Kvery  ap- 
l)eal  or  writ  of  error  shall  lie  from  any  circuit  court  or  inferior  court 


2228  Missouri— 1865 

of  record  having  concurrent  jurisdiction  with  circuit  courts  to  the 
supreme  court,  as  in  such  cases  may  be  provided  by  law. 

Art.  VIII.  Sec.  6.  So  altered  and  amended  as  to  read:  Dues  from 
])riv;ite  corporations  shall  be  secured  by  such  means  as  may  be  pre- 
scribed by  law;  but  in  no  case  shall  any  stockholder  be  individually 
liable  in  any  amount  over  or  above  the  amount  of  the  stock  owned  by 
him  or  her. 

Art.  IX.  Sec.  10.  Added:  Neither  the  general  assembly  nor  any 
county,  city,  town,  township,  school  district,  or  other  municipal  cor- 
poration, shall  ever  make  any  appro[)riation,  or  pay,  from  any  public 
fund  whatever,  anything  in  aid  of  any  creed,  church,  or  sectarian 
purpose,  or  to  help  support  or  sustain  any  school,  academy,  seminary, 
college,  university,  or  other  institution  of  learning  controlled  by  any 
creed,  church,  or  sectarian  denomination  whatever;  nor  shall  any 
grant  or  donation  of  personal  property  or  real  estate  ever  be  made  by 
State,  count}^,  city,  town,  or  such  public  corporation,  for  any  creed, 
church,  or  sectarian  purpose  whatever. 

(Ratified  November  5,  1872) 

Art.  VI.  New  sections  added:  Section  1.  The  supreme  court  shall 
consist  of  five  judges,  any  three  of  whom  shall  constitute  a  quorum, 
and  said  judges  shall  be  conservators  of  the  peace  throughout  the 
State. 

Sec.  2.  The  judges  of  the  supreme  court  shall,  except  as  hereinafter 
provided,  hold  office  for  the  term  of  ten  years,  and  until  their  suc- 
cessors are  duly  elected  and  qualified. 

Sec.  3.  At  the  general  election  in  the  year  1872  two  additional 
judges  of  the  supreme  court  shall  be  elected,  and  shall  enj:er  upon 
their  office  on  the  first  Monday  in  January  next  ensuing.  At  the  first 
session  of  the  court  thereafter  the  two  additional  judges  so  elected 
shall,  by  lot,  determine  the  duration  of  their  several  terms  of  office, 
Avhich  shall  be  respectively  eight  and  ten  years,  and  they  shall  certify 
the  result  to  the  secretary  of  state.  At  the  general  election  every  two 
years  thereafter  one  judge  of  the  supreme  court  shall  be  elected,  who 
shall  hold  his  office  for  the  period  of  ten  years  from  the  first  day  of 
January  next  ensuing.  The  judge  at  any  time  having  the  shortest 
time  to  serve  shall  be  the  presiding  judge  of  the  court. 

Sec.  4.  Upon  the  adoption  of  this  amendment  the  fourth,  sixth, 
and  seventh  sections  of  the  sixth  article  of  the  constitution  shall  be 
repealed  and  forever  rescinded. 

Art.  IX.  Sec.  G.  So  altered  and  amended  as  to  read:  Xo  part  of 
the  public-school  fund  shall  ever  be  invested  in  the  stock  or  bonds  or 
other  obligations  of  any  other  State,  or  of  any  county,  city,  town,  or 
corporation.  The  stock  of  the  Bank  of  the  State  of  Missouri  now  held 
for  school  purposes,  and  all  other  stocks  belonging  to  any  school  or 
university  fund,  shall  be  sold  in  such  manner  and  at  such  time  as  the 
general  assembly  shall  prescribe;  and  the  proceeds  thereof,  and  the 
proceeds  of  the  sales  of  any  lands  or  other  i)roperty  which  now  belong 
or  may  hereafter  belong  to  said  school-fund,  may  be  invested  in  the 
bonds  of  the  State  of  Missouri,  or  of  the  United  States.  All  county 
school-funds  shall  be  loaned  upon  good  and  sufficient  unincumbered 
realestate  security,  with  personal  securit}"  in  addition  thereto. 


Missouri— 1875  2229 

(Ratified  November  3,  1874) 

Art.  II.  Sec.  4.  So  altered  and  amended  as  to  read :  The  general 
assembly  ma}'  provide  by  law  for  registering^  all  votei's  in  cities  and 
towns  having  a  population    of  more  than  ten  thousand. 


CONSTITUTION  OF  MISSOURI— 1875  - 

PREAMBLK 

We,  the  people  of  ]\fissouri,  with  profound  reverence  for  the  Su- 
preme Ruler  of  the  Universe,  and  grateful  for  his  goodness,  do,  for 
the  better  government  of  the  State,  establish  this  Constitution. 

Article  I 

BOUNDARIES 

Section  1.  The  boundaries  of  the  State  as  heretofore  established 
by  law,  are  hereby  ratified  and  confirmed.  The  State  shall  have  con- 
current jurisdiction  on  the  river  Mississippi,  and  every  other  river 
bordering  on  the  State,  so  far  as  the  said  rivers  shall  form  a  common 
boundary  to  this  State  and  any  other  State  or  States;  and  the  river 
Mississippi  and  the  navigable  rivers  and  waters  leading  to  the  same 
shall  be  common  highways,  and  forever  free  to  the  citizens  of  this 
State  and  of  the  United  States,  without  any  tax,  duty,  impost  or  toll 
therefor,  imposed  by  this  State. 

Article  II 

BILL    OF    RIGHTS 

In  order  to  assert  our  rights,  acknowledge  our  duties,  and  pro- 
claim the  principles  on  which  our  government  is  founded,  we  declare: 

Section  1.  That  all  political  power  is  vested  in  and  derived  from 
the  peojile;  that  all  goverinnent  of  right  originates  from  the  people, 
is  founded  upon  their  will  only,  and  is  instituted  solely  for  the  good 
of  the  whole. 

Sec.  2.  That  the  i)eople  of  this  State  have  the  inherent,  sole  and 
exclusive  right  to  I'egulate  the  internal  government  and  police 
thereof,  and  to  alter  and  abolish  their  Constitution  and  form  of  gov- 
erinnent whenever  they  may  deem  it  necessary  to  their  safety  and 
liappiness;  Prorided.  such  change  be  not  repugnant  to  the  Constitu- 
tion of  the  United  States. 

Sec.  8.  That  Missouri  is  a  free  and  independent  State,  subject 
only  to  the  Constitution  of  the  United  States:  and  as  the  preserva- 
tion of  the  States  and  the  maintenance  of  theii"  governments  are  neces- 
sary to  an  indestructible  Union,  and  were  intended  to  co-exist  with 

*  Vorifiei!  liy  "The  Constitution  of  the  State  of  Missouri,  .\dopted  by  a  vote 
of  the  i)eoiile.  Oetober  '.iO,  187.").  Went  into  opor.ition  November  '.M).  1S7.").  .7ef- 
fersoii  City.  Mo.:  Tribune  Printing  Company.  State  Printers  and  Binders. 
1801."    pp.  62. 


2230  Mrsf^ouri—1S7/) 

it,  the  Legislature  is  not  authorized  to  adopt,  nor  will  the  people  of 
this  State  ever  assent  to,  any  amendment  or  change  of  the  Constitu- 
tion of  the  United  States  which  may  in  anywise  impair  the  right  of 
local  self-government  belonging  to  the  people  of  this  State. 

Sec.  4.  That  all  constitutional  government  is  intended  to  promote 
the  general  welfare  of  the  people;  that  all  persons  have  a  natural 
right  to  life,  liberty  and  the  enjoyment  of  the  gains  of  their  own  in- 
dustry; that  to  give  security  to  these  things  is  the  principal  office  of 
government,  and  that  when  government  does  not  confer  this  security, 
it  fails  of  its  chief  design. 

Sec.  5.  That  all  men  have  a  natural  and  indefeasible  right  to  wor- 
ship Almighty  God  according  to  the  dictates  of  their  own  conscience; 
that  no  person  can,  on  account  of  his  religious  opinions,  be  rendered 
ineligible  to  any  office  of  trust  or  j^rofit  under  this  State,  nor  be  dis- 
qualified from  testifying,  or  from  serving  as  a  juror;  that  no  human 
authority  can  control  or  interfere  with  the' rights  of  conscience;  that 
no  person  ought,  by  any  law,  to  be  molested  in  his  person  or  estate,  on 
account  of  his  religious  persuasion  or  profession ;  but  the  liberty  of 
conscience  hereby  secured  shall  not  be  so  construed  as  to  excuse  acts 
of  licentiousness,  nor  to  justify  practices  inconsistent  with  the  good 
order,  peace  or  safety  of  this  State,  or  with  the  rights  of  others. 

Sec.  G.  That  no  person  can  be  compelled  to  erect,  support  or  at- 
tend any  place  or  system  of  worship,  or  to  maintain  or  support  any 
priest,  minister,  preacher  or  teacher  of  any  sect,  church,  creed  or  de- 
nomination of  religion;  but  if  any  person  shall  voluntarily  make  a 
contract  for  any  such  object,  he  shall  be  held  to  the  performance  of 
the  same. 

Sec.  7.  That  no  money  shall  ever  be  taken  from  the  public  treasury, 
directly  or  indirectly,  in  aid  of  any  church,  sect  or  denomination  of 
religion,  or  in  aid  of  any  priest,  preacher,  minister  or  teacher  tliereof 
as  such ;  and  that  no  preference  shall  be  given  to,  nor  any  discrimina- 
tion made  against,  any  church,  sect  or  creed  of  religion,  or  any  form 
of  religious  faith  or  worship. 

Sec.  8.  That  no  religious  corporation  can  be  established  in  this 
State,  except  such  as  may  be  created  under  a  general  law  for  the  pur- 
pose only  of  holding  the  title  to  such  real  estate  as  may  be  prescribed 
by  law  for  church  edifices,  parsonages  and  cemeteries. 

Sec.  9.  That  all  elections  shall  be  free  and  open;  and  no  power, 
civil  or  military,  shall  at  any  time  interfere  to  prevent  the  free  exer- 
cise of  the  right  of  suffrage. 

Sec.  10.  The  courts  of  justice  shall  be  open  to  every  person,  and 
certain  remedy  afforded  for  every  injury  to  person,  property  or  char- 
acter, and  that  right  and  justice  should  be  administered  without  sale, 
denial  or  delay. 

Sec.  11.  That  the  people  shall  be  secure  in  their  persons,  papers, 
homes  and  effects,  from  unreasonable  searches  and  seizures;  and  no 
warrant  to  search  any  place,  or  seize  any  person  or  thing,  shall  issue 
without  describing  the  place  to  be  searched,  or  the  person  or  thing  to 
be  seized,  as  nearly  as  may  be ;  nor  without  probable  cause,  supported 
by  oath  or  affirmation  reduced  to  Avriting. 

Sec.  12.  That  no  person  shall,  for  felony,  be  proceeded  against 
crimnially  otherwise  than  by  indictment,  except  in  cases  arising  in 
the  land  or  naval  forces,  or  in  the  militia  when  in  actual  service  in 


Missouri— 1875  2231 

time  of  war  or  public  danger;  in  all  other  cases,  offenses  shall  be 
prosecuted  criminally  by  indictment  or  information  as  concurrent 
remedies. 

Sec.  13.  That  treason  against  the  State  can  consist  only  in  levying 
war  against  it.  or  in  adhering  to  its  enemies,  giving  them  aid  and 
comfort;  that  no  person  can  be  convicted  of  treason,  uidess  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  on  his  confession 
in  open  court;  that  no  person  can  be  attainted  of  treason  or  felony 
by  the  General  Assembly;  that  no  conviction  can  work  corruption  of 
blood  or  forfeiture  of  estate;  that  the  estates  of  such  persons  as  may 
destroy  their  own  lives  shall  descend  or  vest  as  in  cases  of  natural 
death;  and  when  any  })erson  shall  be  killed  by  casualty,  there  shall 
be  no  forfeiture  by  reason  thereof. 

Sec.  14.  That  no  law  shall  l)e  passed  impairing  the  fri'edom  of 
speech;  that  every  i^erson  shall  be  free  to  say,  write  or  publish  what- 
ever he  will  on  any  subject,  being  responsible  for  all  abuse  of  that 
liberty;  and  that  in  all  suits  and  prosecutions  for  libel  the  truth 
thereof  may  be  given  in  evidence,  and  the  jury,  under  the  direction 
of  the  cotu't,  shall  determine  the  la^\•  and  the  fact. 

Sec.  15.  That  no  ex  post  facto  law,  nor  law  impairing  the  obliga- 
tion of  contracts,  or  retrospective  in  its  operation,  or  making  any 
irrevocable  grant  of  special  privileges  or  innnunities.  can  be  passed 
by  the  General  Assembly. 

Sec.  16.  That  imprisonment  for  debt  shall  not  be  alloweil,  except 
for  the  non-payment  of  fines  and  penalties  imposed  for  violation  of 
law. 

Sec.  17.  That  the  right  of  no  citizen  to  keep  and  bear  arms  in 
defense  of  his  home,  person  and  i)roi)erty,  or  in  aid  of  the  civil 
poAver,  when  thereto  legally  sunnuoned,  shall  be  called  in  question; 
but  nothing  herein  contained  i>  intended  to  justify  the  jn-ar-tice  of 
wearing  concealed  weapons. 

Sec.  is.  That  no  person  elected  or  appointed  to  any  office  or  em- 
ployment of  trust  or  profit  under  the  laws  of  this  State,  or  any  ordi- 
nance of  any  municipality  in  this  State,  shall  hold  such  office  without 
personally  devoting  his  Xmw  to  the  pei-foi-ipai"'e  of  the  duties  to  the 
same  belonging. 

Sec.  1!).  That  no  person  who  is  now  or  may  hereafter  become  a 
collector  or  receiver  of  public  money,  or  assistant  or  deputy  of  such 
collector  or  receiver,  shall  be  eligible  to  any  office  of  trust  or  ])rofit  in 
the  State  of  ^lissouri  under  the  laws  thereof,  or  of  any  nuniicipality 
therein,  until  he  shall  have  accounted  for  and  paid  over  all  the  |iul)li(' 
money  for  which  he  may  be  accountable. 

Sec.  20.  That  no  private  property  can  be  taken  for  public  use, 
with  or  without  compensation,  unless  by  the  consent  of  the  owner, 
excei)t  for  private  ways  of  necessity,  and  except  for  drains  and  ditches 
across  the  lands  of  others  for  agricultural  and  sanitary  iiur|)os(»<.  in 
such  maimer  as  may  r)e  ])rescribe(l  by  law;  and  that  whenever  an 
attemi)t  is  made  to  take  ])i"ivate  property  for  a  use  alleged  to  l)e  pub- 
lic, the  (juestion  whether  the  contemplated  use  be  really  i)ublic  shall 
be  a  judicial  question,  and  as  such  judicially  determined,  without 
regard  to  any  legislative  assertion  that  the  use  is  public. 

Sec.  21.  That  ])rivate  property  shall  not  be  taken  or  damaged  for 
public  use  Avithout  just  compensation.     Such  comjKMisation  shall  be 


2232  Missouri— 1875 

ascertained  by  a  jury  or  board  of  commissioners  of  not  less  than  three 
freeholders,  in  such  manner  as  may  be  prescribed  by  law ;  and  until 
the  same  shall  be  paid  to  the  owner,  or  into  court  for  the  owner,  the 
property  shall  not  be  disturbed  or  the  proprietary  rights  of  the  owner 
therein  divested.  The  fee  of  land  taken  for  railroad  tracks  without 
consent  of  the  owner  thereof  shall  remain  in  such  owner,  subject  to 
the  use  for  which  it  is  taken. 

Sec.  22.  In  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;  to  meet  the  witnesses  against  him  face 
to  face;  to  have  process  to  compel  the  attendance  of  witnesses  in  his 
behalf;  and  a  speedy  public  trial  by  an  impartial  jury  of  the  county. 

Sec.  23.  That  no  person  shall  be  cojnpelled  to  testify  against  him- 
self in  a  criminal  cause,  nor  shall  any  person  after  being  once  ac- 
quitted by  a  jury  be  again,  for  the  same  offense,  put  in  jeopard}^  of 
life  or  liberty;  but  if  the  jury  to  which  the  question  of  his  guilt  or 
innocence  is  submitted  fail  to  render  a  verdict,  the  court  before  which 
the  trial  is  had  may,  in  its  discretion,  discharge  the  jury  and  commit 
or  bail  the  prisoner  for  trial  at  the  next  term  of  court,  or  if  the  state 
of  business  will  permit,  at  the  same  term ;  and  if  judgment  be  arrested 
after  a  verdict  of  guilty  on  a  defective  indictment,  or  if  judgment  on 
a  verdict  of  guilty  be  reversed  for  error  in  law,  nothing  herein  con- 
tained shall  prevent  a  new  trial  of  the  prisoner  on  a  proper  indict- 
ment, or  according  to  correct  principles  of  law. 

Sec.  24.  That  all  persons  shall  be  bailable  by  sufficient  sureties, 
except  for  capital  offenses,  when  the  proof  is  evident  or  the  pre- 
sumption great. 

Sec.  25.  That  excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishment  inflicted. 

Sec.  26.  That  the  privilege  of  the  writ  of  habeas  corpus  shall  never 
be  suspended. 

Sec.  27.  That  the  militar}^  shall  always  be  in  strict  subordination 
to  the  civil  power;  that  no  soldier  shall,  in  tnne  of  peace,  be  quar- 
tered in  any  house  without  the  consent  of  the  owner,  nor  in  time  of 
war  except  in  the  manner  prescribed  by  law. 

Sec.  28.  The  right  of  trial  by  jury,  as  heretofore  enjoyed,  shall 
remain  inviolate;  but  a  jury  for  the  trial  of  criminal  or  civil  cases 
in  courts  not  of  record,  may  consist  of  less  than  twelve  men,  as  may 
be  prescribed  by  law.  Hereafter,  a  grand  jury  shall  consist  of 
twelve  men,  any  nine  of  whom  concurring  ma}'  find  an  indictment  or 
a  true  bill. 

Sec.  29.  That  the  people  have  the  right  peaceably  to  assemble  for 
their  common  good,  and  to  apply  to  those  invested  with  the  powers 
of  goA'ernment  for  redress  of  grievances,  by  petition  or  remonstrance. 

Sec.  30.  That  no  person  shall  be  deprived  of  life,  liberty  or  prop- 
ert}^  without  due  process  of  law. 

Sec.  31.  That  there  cannot  be  in  this  State  either  slavery  or  invol- 
untary servitude,  except  as  a  j^unishment  for  crime,  Avhereof  the 
party  shall  have  been  duly  convicted. 

Sec.  32.  The  enumeration  in  this  Constitution  of  certain  rights 
shall  not  be  construed  to  deny,  impair  or  disparage  others  retained  by 
the  people. 


Mis^ouri—lSrr,  2233 

Article  III 

THE    DISTRIBUTION    OF    POWERS 

The  powers  of  fyovernnient  shall  be  divided  into  three  distinct 
departments — the  legislative,  executive  and  judicial — each  of  which 
shall  be  confided  to  a  separate  magistrac}',  and  no  person,  or  col- 
lection of  persons,  charged  with  the  exercise  of  powers  proi)erly 
belonging  to  one  of  those  departments,  shall  exercise  any  power 
properly  belonging  to  either  of  the  others,  except  in  the  instances  in 
this  Constitution  expressly  directed  or  permitted. 

Article  I\' 

LEGISLATn  K    DKPARTil KXT 

Section  1.  The  legislative  power,  subject  to  the  limitations  herein 
contained,  shall  be  vested  in  a  Senate  and  House  of  Representatives, 
to  be  styled  "  The  General  Assembly  of  the  State  of  Missouri." 

representation  and  apportionment 

Sec.  2.  The  House  of  Representatives  shall  consist  of  members 
to  be  chosen  every  second  year  by  the  qualified  voters  of  the  several 
counties,  and  apportioned  in  the  following  manner:  The  ratio  of  rep- 
resentation shall  be  ascertained  at  each  apportioning  session  of  the 
General  Assembly,  by  dividing  the  whole  number  of  inhabitants  of 
vhe  State,  as  ascertained  by  the  last  decennial  census  of  the  United 
States,  by  the  number  two  hundred.  Each  county  having  one  ratio, 
or  less,  shall  be  entitled  to  one  Representative;  each  county  having 
two  and  a  half  times  said  ratio  shall  be  entitled  to  two  Representa- 
tives; each  county  having  four  times  said  ratio  shall  be  entitled  to 
three  Representatives;  each  county  having  six  times  such  ratio  shall 
be  entitled  to  four  representatives,  and  so  on  above  that  number,  giv- 
ing one  additional  member  for  every  two  and  a  half  achlilional  ratios. 

Sec.  3.  When  any  county  shall  be  entitled  to  more  than  one  Rep- 
resentative, the  county  court  shall  cause  such  county  to  be  subdivided 
into  districts  of  comj^act  and  contiguous  territory,  corresponding  in 
number  to  the  Representatives  to  which  such  county  is  entitled,  and 
In  population  as  nearly  equal  as  may  be,  in  each  of  which  the  qualified 
voters  shall  elect  one  Representative,  who  shall  be  a  resident  of  such 
district:  ProvidccL  that  when  any  county  shall  be  entitled  to  more 
than  ten  Representatives,  the  circuit  court  shall  cause  such  county  to 
be  subdivided  into  districts,  so  as  to  give  each  district  not  less  than 
two  nor  more  than  four  Representatives,  who  shall  be  residents  of 
such  district — the  population  of  the  districts  to  be  proportioned  to  the 
number  of  Representatives  to  be  elected  therefrom. 

Sec'.  4.  No  person  shall  be  a  member  of  the  House  of  Representa- 
tives who  shall  not  have  attained  the  age  of  twenty-four  years,  who 
shall  not  be  a  male  citizen  of  the  United  States,  who  shall  not  have 
been  a  qualified  voter  of  this  State  tAvo  years,  and  an  inhabitant  of  the 
county  or  district  which  he  may  be  chosen  to  represent  one  year  next 
before  the  day  of  his  election — if  such  county  or  district  shall  have 


2234  Missouri— 187S 

been  so  long  established,  but  if  not,  then  of  the  county  or  district  from 
which  the  same  shall  have  been  taken — and  who  shall  not  have  paid  a 
State  and  county  tax  Avithin  one  year  next  preceding  the  election. 

Sec.  5.  The  Senate  shall  consist  of  thirty-four  members,  to  be 
chosen  by  the  qualified  voters  of  their  respective  districts  for  four 
years.  For  the  election  of  Senators  the  State  shall  be  divided  into 
convenient  districts,  as  nearly  equal  in  population  as  may  be,  the 
same  to  be  ascertained  by  the  last  decennial  census  taken  by  the 
United  States. 

Sec.  6.  Xo  person  shall  be  a  Senator  who  shall  not  have  attained 
the  age  of  thirty  years,  who  shall  not  be  a  male  citizen  of  the  United 
States,  who  shall  not  have  been  a  qualified  voter  of  this  State  three 
years,  and  an  inhabitant  of  the  district  which  he  may  be  chosen  to 
represent  one  year  next  before  the  day  of  his  election — if  such  dis- 
trict shall  have  been  so  long  established,  but  if  not,  then  of  the  dis- 
trict or  districts  from  which  the  same  shall  have  been  taken — and  who 
shall  not  have  paid  a  State  and  county  tax  within  one  year  next  pre- 
ceding the  election.  '\Alien  any  county  shall  be  entitled  to  more  than 
one  Senator,  the  circuit  court  shall  cause  such  county  to  be  subdivided 
into  districts  of  compact  and  contiguous  territory,  and  of  population 
as  nearly  equal  as  may  be,  corresponding  in  number  with  the  Senators 
to  which  such  county  may  be  entitled;  and  in  each  of  these  one 
Senator,  who  shall  be  a  resident  of  such  district,  shall  be  elected  by 
the  qualified  voters  thereof. 

Sec.  7.  Senators  and  Representatives  shall  be  chosen  according 
to  the  rule  of  apportionment  established  in  this  Constitution,  until 
the  next  decennial  census  by  the  United  States  shall  have  been  taken, 
and  the  result  thereof  as  to  this  State  ascertained,  when  the  apportion- 
ment shall  be  revised  and  adjusted  on  the  basis  of  that  census,  and 
every  ten  years  thereafter  upon  the  basis  of  the  United  States  census, 
or  if  such  census  be  not  taken,  or  is  delayed,  then  on  the  basis  of  a 
State  census — such  apportionment  to  be  made  at  the  first  session  of 
the  General  Assembly  after  each  such  census:  Provided^  that  if  at 
any  time,  or  from  any  cause,  the  General  Assembly  shall  fail  or  refuse 
to  district  the  State  for  Senators,  as  required  in  this  section,  it  shall 
be  the  duty  of  the  Governor,  Secretary  of  State  and  Attornej^-Gen- 
eral,  withiii  thirty  days  after  the  adjournment  of  the  General  Assem- 
bly on  which  such  duty  devolved,  to  perform  said  duty,  and  to  file 
in  the  office  of  the  Secretar}'  of  State  a  full  statement  of  the  districts 
formed  by  them,  including  the  names  of  the  counties  embraced  in 
each  district,  and  the  numbers  thereof — said  statement  to  be  signed 
by  them,  and  attested  by  the  Great  Seal  of  the  State,  and  upon  the 
proclamation  of  the  Governor,  the  same  shall  be  as  binding  and 
effectual  as  if  done  by  the  General  Assembly. 

Sec.  8.  Until  an  apportionment  of  Representatives  can  be  made,  in 
accordance  with  the  provisions  of  this  article,  the  House  of  Represent- 
atives shall  consist  of  one  hundred  and  forty-three  members,  which 
shall  be  divided  among  the  several  counties  of  the  State  as  follows: 
The  county  of  St.  Louis  shall  have  seventeen;  the  county  of  Jackson 
four;  the  county  of  Buchanan  three;  the  counties  of  Franklin,  Greene, 
Johnson,  Lafaj^ette,  Macon,  Marion,  Pike  and  Saline,  each  two,  and 
each  of  the  other  counties  in  the  State  one. 

Sec.  9.  Senatorial  and  representative  districts  may  be  altered,  from 
time  to  time,  as  public  convenience  may  require.     When  any  sena- 


Missouri— 1875  2235 

torial  district  shall  be  composed  of  tAvo  or  more  counties,  tliey  shall  be 
contiguous — such  districts  to  be  as  compact  as  may  be — and  in  the 
formation  of  the  same  no  county  shall  be  divided. 

Sec.  10.  The  first  election  of  Senators  and  Representatives,  under 
this  Constitution,  shall  be  held  at  the  general  election  in  the  year  one 
thousand  eight  lunuUvd  and  seventy-six,  when  the  whole  number  of 
liepresentatives,  and  the  Senators  from  the  districts  having  odd  num- 
bers, who  shall  compose  the  first  class,  shall  be  chosen;  and  in  one 
thousand  eight  hundred  and  seventy-eight,  the  Senators  from  the  dis- 
tricts havino-  even  numbers,  who  shall  compose  the  second  class;  and 
so  on  at  each  succeeding  general  election,  half  the  Senators  provided 
for  by  this  Constitution  shall  be  chosen. 

Sfx'.  11.  Until  the  State  shall  be  divided  into  senatorial  districts, 
in  accordance  with  the  provisions  of  this  article,  said  districts  shall 
be  constituted  and  numbered  as  follows : 

The  First  district  shall  be  composed  of  the  counties  of  Andrew, 
Holt,  Nodaway  and  Atchison. 

Second  district — The  counties  of  Buchanan,  DeKalb,  Gentr}^  and 
Worth. 

Third  district — The  counties  of  Clay,  Clinton  and  Platte. 

Fourth  district — ^The  counties  of  Caldwell,  Eay,  Daviess  and  Har- 
rison. 

Fifth  district — The  counties  of  Livingston,  Grundv,  ISIercer  and 
Carroll. 

Sixth  district — The  counties  of  Linn,  Sullivan,  Putnam  and  Chari- 
ton. 

Seventh  district — The  counties  of  Randolph,  Howard  and  Monroe. 

Eighth  district — The  counties  of  xVdair,  Macon  and  Schuyler. 

Ninth  district— The  counties  of  Audrain,  Boone  and  Callaway. 

Tenth  district — The  counties  of  St.  Charles  and  AVarren. 

Eleventh  district — The  counties  of  Pike,  Lincoln  and  Montgomery. 

Twelfth  district — the  counties  of  Lewis,  Clark,  Scotland  and  Knox. 

Thirteenth  district — The  counties  of  Marion,  Shelby  and  Kails. 

Fourteenth  district — The  counties  of  Bates,  Cass  and  Henry. 

Fifteenth  district — The  county  of  Jackson. 

Sixteenth  district — The  counties  of  Vernon,  liartou,  das])er,  New- 
ton and  IVIcDonald. 

Seventeeutli  district — The  counties  of  Lafayette  and  Johnson. 

Eighteenth  district — The  counties  of  (ireene,  Lawrence,  Barry, 
Stone  and  Christian. 

Nineteenth  district — The  counties  of  Saline,  Pettis  and  Px'ntoii. 

Twentieth  district — The  counties  of  Polk,  Hickorv,  Dallas,  Dade, 
Cedar  and  St.  Clair. 

Twenty-first  district — The  counties  of  Laclede,  AVebster.  AVright, 
Texas,  Douglas,  Taney,  Ozark  and  Howell. 

Twenty-second  district — The  counties  of  Phelps,  Miller,  Maries, 
Camden,  ]*ulaski,  Crawford  and  Dent. 

Twenty-third  district — The  counties  of  Cape  Girardeau,  Missis- 
sippi, New  iNIadrid,  Pemiscot,  Dunklin,  Stoddard  and  Scott. 

Twenty-fourth  district — The  counties  of  L'on,  IVIadison.  Bollinger, 
Wayne,  Butler,  Reynolds,  Carter,  Ripley,  Oregon  and  Shannon. 

Twenty-fifth  district — The  counties  of  Franklin,  Gasconade  and 
( )saae. 


2236  Missouri— *1875 

Twenty-sixth  district — The  countjes  of  Washington,  Jefferson,  St. 
Francois,  Ste.  Genevievs  and  Perr}'. 

T^Yenty-eighth  district — The  counties  of  Cooper,  Moniteau,  ^lor- 
gan  and  Cole. 

St.  Louis  county  shall  be  divided  into  seven  districts,  numbered, 
respectively,  as  follows: 

Twenty-seventh,  Twenty-ninth,  Thirtieth,  Thirty-first,  Thirty-sec- 
ond, Thirty-third  and  Thirty-fourth. 

Sec.  12.  Xo  Senator  or  Eepresentative  shall,  during  the  term  for 
which  he  shall  haA^e  been  elected,  be  appointed  to  any  office  under  this 
State,  or  any  municipality  thereof;  and  no  member  of  Congress  or 
person  holding  any  lucrative  office  under  the  United  States,  or  this 
State,  or  any  municipality  thereof  (militia  officers,  justices  of  the 
peace  and  notaries  public  excepted),  shall  be  eligible  to  either  house 
of  the  General  Assembly,  or  remain  a  member  thereof,  after  having 
accepted  any  such  office  or  seat  in  either  house  of  Congress. 

Sec.  13.  If  any  Senator  or  Eepresentative  remove  his  residence 
from  the  district  or  county  for  which  he  was  elected,  his  office  shall 
thereby  be  vacated. 

Sec.  14.  Writs  of  election  to  fill  such  vacancies  as  may  occur  in 
either  house  of  the  General  Assembly  shall  be  issued  by  the  Governor. 

Sec.  15.  Every  Senator  and  Representative  elect,  before  entering 
upon  the  duties  of  his  office,  shall  take  and  subscribe  the  following 
oath  or  affirmation :  "  I  do  solemnly  swear  [or  affirm]  that  I  will 
supjDort  the  Constitution  of  the  United  States  and  of  the  State  of 
Missouri,  and  faithfully  perform  the  duties  of  ni}^  office;  and  that  I 
will  not  knowingly  receive,  directly  or  indirectly,  any  money  or 
other  valuable  thing,  for  the  performance  or  non-performance  of  any 
act  or  duty  pertaining  to  my  office,  other  than  the  compensation 
allowed  b}^  law."  The  oath  shall  be  administered  in  the  halls  of  their 
respective  houses,  to  the  members  thereof,  by  some  judge  of  the 
Supreme  court,  or  the  Circuit  court  or  the  County  court  of  Cole 
count}',  or,  after  the  organization,  by  the  presiding  officer  of  either 
house,  and  shall  be  filed  in  the  office  of  the  Secretary  of  State.  Any 
member  of  either  house  refusing  to  take  said  oath  or  affirmation  shall 
be  deemed  to  have  thereby  vacated  his  office,  and  any  member  con- 
victed of  having  violated  his  oath  or  affirmation  shall  be  deemed 
guilty  of  perjury,  and  be  forever  thereafter  disqualified  from  holding 
any  office  of  trust  or  profit  in  this  State. 

Sec.  16.  The  members  of  the  General  Assembly  shall  severally 
receive  from  the  public  treasury  such  compensation  for  their  services 
as  may,  from  time  to  time,  be  provided  by  law,  not  to  exceed  five  dol- 
lars per  day  for  the  first  seventy  days  of  each  session,  and  after  that 
not  to  exceed  one  dollar  per  day  for  the  remainder  of  the  session, 
except  the  first  session  held  under  this  Constitution,  and  during  revis- 
ing sessions,  when  they  may  receive  five  dollars  per  day  for  one  hun- 
dred and  twenty  days,  and  one  dollar  per  day  for  the  remainder  of 
such  sessions.  In  addition  to  per  diem,  the  members  shall  be  entitled 
to  receive  traveling  expenses  or  mileage,  for  any  regular  and  extra 
session,  not  greater  than  now  provided  by  law ;  but  no  member  shall 
be  entitled  to  traveling  expenses  or  mileage  for  any  extra  session  that 
may  be  called  within  one  day  after  an  adjournment  of  a  regular 


Missouri— 1875  2237 

session.  Committees  of  either  house,  or  joint  committees  of  both 
houses,  appointed  to  examine  the  institutions  of  the  State,  otiier  than 
those  at  the  seat  of  o()vernnient,  may  receive  their  actual  expenses, 
necessarily  incurred  Avhile  in  the  performance  of  such  dut}- — the  items 
of  such  expenses  to  be  returned  to  the  chairman  of  such  committee, 
and  by  him  certified  to  the  State  Auditor,  before  the  same,  or  any 
part  thereof,  can  be  paid.  Each  member  may  receive  at  each  regular 
session  an  additional  sum  of  thirty  dollars,  Avhich  shall  be  in  full  for 
all  stationery  used  in  his  official  capacity,  and  all  postage,  and  all 
other  incideutal  expenses  and  perquisites;  and  no  allo^vance  or  emolu- 
ments, for  any  purpose  whatever,  shall  be  nuide  to  or  received  1)V  the 
incnibers,  or  any  member  of  either  house,  or  for  their  use,  out  of  the 
conlingent  fund  or  otherwise,  except  as  herein  expressly  provided; 
and  no  allowance  or  emolument,  for  any  purpose  Avliatever,  shall  ever 
be  paid  to  any  officer,  agent,  servant  or  emploj-e  of  either  house  of  the 
General  Assembly,  or  of  any  committee  thereof,  except  such  per  diem 
as  may  be  provided  for  by  law,  not  to  exceed  five  dollars. 

Sec.  17.  Each  house  shall  appoint  its  own  oflicers;  shall  be  sole 
judge  of  the  cpialihcations,  election  and  returns  of  its  own  members; 
may  determine  the  rules  of  its  own  proceedings,  except  as  herein 
j^rovided ;  ma}^  arrest  and  punish  by  hue  not  exceeding  three  hun- 
dred dollars,  or  imprisonment  in  a  county  jail  not  exceeding  ten  days, 
or  both,  any  person,  not  a  member,  who  shall  be  guilty  of  disrespect 
to  the  house  by  any  disorderly  or  contemptuous  behavior  in  its 
l)resence  during  its  sessions;  may  punish  its  members  for  disorderly 
conduct,  and,  with  the  concurrence  of  two-thirds  of  all  members 
elect,  may  expel  a  member;  but  no  member  shall  be  expelled  a 
second  time  for  the  same  cause. 

Sec.  18.  A  majority  of  the  wliolc  number  of  members  of  each 
house  shall  constitute  a  quorum  to  do  business;  l)ut  a  snuiller  number 
may  adjourn  from  da}^  to  day,  and  ma,y  conii)el  the  attendance  of 
absent  members  in  such  manner  and  under,  such  i)enalties  as  each 
house  may  provide. 

Sec.  19."^  The  sessions  of  each  house  shall  be  held  with  open  doors, 
except  in  cases  which  may  require  secrec,y. 

Sec.  20.  The  General  Assembly  elected  in  the  year  one  thousand 
eight  hundred  and  seventy-six  shall  meet  on  the  first  AVednesday  after 
the  first  day  of  January,  one  thousand  eight  huncb'ed  and  seventy- 
seven;  and  thereafter  the  General  Assembly  shall  meet  in  regular  ses- 
sion once  only  in  every  two  years;  and  such  meeting  shall  be  on  the 
first  Wednesday  after  the  first  day  of  January  next  after  the  elec- 
tions of  the  members  thereof. 

Sec.  21.  Every  adjournment  or  recess  taken  by  the  General  Assem- 
bly for  more  than  three  days  shall  have  the  effect  of  and  be  an 
acljournment  sine  die. 

Skc.  22.  Every  adjournment  or  recess  taken  by  the  General  Assem- 
bly f(u-  three  days  or  less  shall  be  construed  as  not  interrupting  the 
session  at  which  they  are  had  or  taken,  but  as  continuing  the  session 
for  all  the  purposes  nientioned  in  section  sixteen  of  this  article. 

Sec.  2.'').  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  two  days  at  any  one  time,  nor  to  any  other  place 
than  that  in  which  the  two  houses  may  be  sitting. 


2238  Missouri— 1875 

LEGISLATIVE   PROCEEDINGS 

Sec.  24.  The  style  of  the  laws  of  this  State  shall  be:  "5e  it  enacted 
hy  the  General  Assembly  of  the  State  of  Missouri^  as  follows.'''' 

Sec.  25.  No  law  shall  be  passed,  except  by  bill,  and  no  bill  shall 
be  so  amended  in  its  passage  through  either  house  as  to  change  its 
original  purpose. 

Sec.  26.  Bills  may  originate  in  either  house,  and  may  l)e  amended 
or  rejected  by  the  other;  and  every  bill  shall  be  read  on  three  differ- 
ent days  in  each  house. 

Sec.  27.  No  bill  shall  be  considered  for  tinal  passage  unless  the 
same  has  been  reported  upon  by  a  committee  and  printed  for  the  use 
of  the  members. 

Sec.  28.  No  bill  (except  general  appropriation  bills,  which  may 
embrace  the  various  subjects  and  accounts  for  and  on  account  of 
which  moneys  are  appropriated,  and  except  bills  passed  under  the 
third  subdivision  of  section  forty-four  of  this  article)  shall  contain 
more  than  one  subject,  which  shall  be  clearly  expressed  in  its  title. 

Sec.  29.  All  amendments  adopted  by  either  house  to  a  bill  pending 
and  originating  in  the  same  shall  be  incorporated  with  the  bill  by  en- 
grossment, and  the  bill,  as  thus  engrossed,  shall  be  printed  for  the  use 
of  the  members  before  its  final  passage.  The  engrossing  and  printing 
shall  be  under  the  supervision  of  a  committee,  Avhose  rejjort  to  the 
house  shall  set  forth,  in  writing,  that  they  find  the  bill  truly  en- 
grossed, and  .that  the  printed  copy  furnished  to  the  members  is 
correct. 

Sec.  30.  If  a  bill  passed  by  either  house  be  returned  thereto, 
amended  by  the  other,  the  house  to  which  the  same  is  returned  shall 
cause  the  amendment  or  amendments  so  received  to  be  printed  under 
the  same  supervision  as  provided  in  the  next  preceding  section,  for 
the  use  of  the  members,  before  final  action  on  such  amendments. 

Sec.  31.  No  bill  shall  become  a  law  unless  on  its  final  passage  the 
vote  be  taken  by  yeas  and  nays,  the  names  of  the  members  voting  for 
and  against  the  same  be  entered  on  the  journal,  and  a  majority  of  the 
members  elected  to  each  house  be  recorded  thereon  as  voting  in  its 
favor. 

Sec.  32.  No  amendment  to  bills  by  one  house  shall  be  concurred  in 
by  the  other,  except  by  a  vote  of  a  majority  of  the  members  elected 
thereto,  taken  by  yeas  and  nays,  and  the  names  of  those  voting  for 
and  against  recorded  upon  the  journal  thereof;  and  reports  of  com- 
mittees of  conference  shall  be  adopted  in  either  house  only  by  the 
vote  of  a  majority  of  the  members  elected  thereto,  taken  by  yeas  and 
nays,  and  the  names  of  those  voting  recorded  upon  the  journal. 

Sec.  33.  No  act  shall  be  revived  or  re-enacted  by  mere  reference  to 
the  title  thereof,  but  the  same  shall  be  set  forth  at  length,  as  if  it  were 
an  original  act. 

Sec.  34.  No  act  shall  be  amended  by  providing  that  designated 
words  thereof  be  stricken  out,  or  that  designated  words  be  inserted, 
or  that  designated  words  be  stricken  out  and  others  inserted  in  lieu 
thereof;  but  the  Avords  to  be  stricken  out.  or  the  words  to  l^e  inserted, 
or  the  words  to  be  stricken  out  and  those  inserted  in  lieu  thereof, 
together  with  the  act  or  section  amended,  shall  be  set  forth  in  full  as 
amended. 


Missouri— 1875  2239 

Sec.  35.  "^Ylien  a  bill  is  put  u]X)n  its  final  passage  in  either  house, 
and,  failing  to  pass,  a  motion  is  made  to  reconsider  the  vote  by  Avhich 
it  was  defeated,  the  vote  upon  such  motion  to  reconsider  shall  be 
immediately  taken,  and  the  subject  finally  disposed  of  before  the 
house  proceeds  to  any  other  business. 

Sec.  30.  No  law  passed  by  the  General  Assembly,  except  the  gen- 
eral a]:)propriati()n  act,  shall  take  effect  or  go  into  force  until  ninety 
days  after  the  adjournment  of  the  session  at  which  it  was  enacted, 
unless  in  case  of  an  emergency  (wliich  emergency  must  be  expressed 
in  the  preamble  or  in  the  body  of  the  act),  the  General  Assembly 
shall,  by  a  vote  of  two-thirds  of  all  the  meml)ers  elected  to  each  house, 
otlierwise  direct — said  vote  to  be  taken  by  yeas  and  nays,  and  entered 
upon  the  journal. 

Sec.  37.  No  bill  shall  become  a  law  until  the  same  shall  have  been 
signed  by  the  presiding  officer  of  each  of  the  two  houses  in  open  ses- 
sion; and  before  such  officer  shall  affix  his  signature  to  any  bill,  he 
shall  suspend  all  other  business,  declare  that  such  bill  will  now  be 
read,  and  that,  if  no  objections  be  made,  he  will  sign  the  same  to  the 
end  that  it  may  become  a  law.  The  bill  shall  then  be  read  at  length, 
and  if  no  objections  be  made,  he  shall,  in  presence  of  the  house  in 
open  session,  and  before  any  other  business  is  entertained,  affix  his 
signature,  which  fact  shall  be  noted  on  the  journal,  and  the  l)ill  innne- 
diately  sent  to  the  other  house.  When  it  reaches  the  other  house, 
the  presiding  officer  thereof  shall  immediately  suspend  all  other  busi- 
ness, announce  the  reception  of  the  bill,  and  the  same  proceedings 
shall  thereupon  be  observed,  in  every  respect,  as  in  the  house  in  which 
it  was  first  signed.  If  in  either  house  any  member  shall  object  that 
any  substitution,  omission  or  insertion  has  occurred,  so  that  the  bill 
proposed  to  be  signed  is  not  the  same  in  substance  and  form  as  when 
considered  and  passed  by  the  house,  or  that  any  particular  clause  of 
this  article  of  the  Constitution  has  been  violated  in  its  passage,  such 
objection  shall  be  passed  uj)on  by  the  house,  and  if  sustained,  the  pre- 
siding officer  shall  Avithhold  his  signature;  but  if  such  objection  shall 
not  be  sustained,  then  any  five  members  may  embody  the  same,  over 
their  signatures,  in  a  written  protest,  under  oath,  against  the  signing 
of  the  bill.  Said  protest,  when  ofl'ered  in  the  house,  shall  be  noted 
upon  the  journal,  and  the  original  shall  l)e  annexed  to  the  bill,  to  be 
considered  by  the  governor  in  comuH'tion  therewith. 

Sec.  38.  When  the  bill  has  been  signed,  as  provided  for  in  the 
preceding  section,  it  shall  be  the  duty  of  the  Secretary  of  the  Senate, 
if  the  bill  originated  in  the  Senate,  and  of  the  Chief  Clerk  of  the 
House  of  Representatives,  if  the  bill  originated  in  the  House,  to 
present  the  same  in  person,  on  the  same  day  on  which  it  was  signed 
as  aforesaid,  to  the  Governor,  and  enter  the  fact  upon  the  journal. 
Every  bill  presented  to  the  (lovernor,  and  returned  within  ton  days 
to  the  house  in  which  the  same  originated,  with  the  ai)proval  of  the 
Governor,  shall  become  a  law.  unless  it  be  in  violation  of  some  j^ro- 
vision  of  this  Constitution. 

Sec.  3i).  Ev(>i-y  bill  pi-esentiMl  a>  aforesaid,  but  returned  without 
the  a])])roval  of  the  Governoi'.  and  with  his  objections  thereto,  shall 
stand  as  reconsidered  in  the  house  to  which  it  is  returned.  The  house 
shall  cause  the  objections  of  the  (jovernor  to  be  entered  at  large  ujwn 
the  journal,  and  proceed,  at  its  convenience,  to  consider  the  question 


2240  Missouri— 1876 

pending,  which  shall  be  in  this  form :  "  Shall  the  bill  pass,  the  objec- 
tions of  the  Governor  thereto  notwithstanding?  ''  The  vote  upon 
this  question  shall  be  taken  by  yeas  and  nays,  and  the  names  entered 
upon  the  journal,  and  if  two-thirds  of  all  the  members  elected  to  the 
house  vote  in  the  affirmative,  the  ])resi(ling  officer  of  that  house  shall 
certify  that  fact  on  the  roll,  attesting  the  same  by  his  signature,  and 
send  the  bill,  with  the  objections  of  the  Governor,  to  the  other  house, 
in  which  like  proceedings  shall  be  had  in  relation  thereto;  and  if  the 
bill  receive  a  like  majority  of  the  votes  of  all  the  members  elected  to 
that  house,  the  vote  being  taken  by  yeas  and  nays,  the  presiding  officer 
therof  shall,  in  like  manner,  certify  the  fact  upon  the  bill.  The  bill 
thus  certified  shall  be  deposited  in  the  office  of  the  Secretary  of  State, 
as  an  authentic  act,  and  shall  become  a  law  in  the  same  manner  and 
with  like  effect  as  if  it  had  received  the  approval  of  the  Governor. 

Sec.  -iO.  Whenever  the  Governor  shall  fail  to  perform  his  duty,  as 
prescribed  in  section  twelve.  Article  V  of  this  Constitution,  in  rela- 
tion to  any  bill  presented  to  him  for  his  approval,  the  General 
Assembl}'  may,  by  joint  resolution,  reciting  the  fact  of  such  failure 
and  the  bill  at  length,  direct  the  Secretary  of  State  to  enroll  the  same 
as  an  authentic  act,  in  the  archives  of  the  State,  and  such  enrollment 
shall  have  the  same  effect  as  an  approval  by  the  Governor :  Provided, 
that  such  joint  resolution  shall  not  be  submitted  to  the  Governor  for 
his  approval. 

Sec.  41.  Within  five  years  after  the  adoption  of  this  Constitution, 
all  the  statute  laws  of  a  general  nature,  both  civil  and  criminal,  shall 
be  revised,  digested  and  promulgated  in  such  manner  as  the  General 
Assembly  shall  direct;  and  a  like  revision,  digest  and  promulgation 
shall  be  made  at  the  expiration  of  every  subsequent  period  of  ten 
years. 

Sec.  42.  Each  house  shall,  from  time  to  time,  publish  a  journal  of 
its  proceedings,  and  the  yeas  and  nays  on  any  question  shall  be  taken 
and  entered  on  the  journal  at  the  motion  of  any  two  members. 
Whenever  the  yeas  and  nays  are  demanded,  the  whole  list  of  members 
shall  be  called,  and  the  names  of  the  absentees  shall  be  noted  and  pub- 
lished in  the  journal. 

LIMITATION  or  LEGISLATIVE  POWER 

Sec.  43.  All  revenue  collected  and  moneys  received  by  the  State, 
from  any  source  Avhatsoever,  shall  go  into  the  treasury,  and  the  Gen- 
eral Assembly  shall  have  no  pewer  to  divert  the  same,  or  to  permit 
money  to  be  drawn  from  the  treasury,  except  in  pursuance  of  regular 
appropriations  made  by  law.  All  appropriations  of  money  by  the 
successive  General  Assemblies  shall  be  made  in  the  following  order : 

First — For  the  payment  of  all  interest  upon  the  bonded  debt  of 
the  State  that  may  become  due  during  the  term  for  which  each  Gen- 
eral Assembly  is  elected. 

Second — For  the  benefit  of  the  sinking  fund,  which  shall  not  be 
less  annually  than  two  hundred  and  fifty  thousand  dollars. 

Third — For  free  public  school  purposes. 

Fourth — For  the  payment  of  the  cost  of  assessing  and  colle^'ting 
the  revenue. 

Fifth — For  the  payment  of  the  civil  list. 


Mismun—lS75  2241 

■  /S!xt/i — For  the  support  of  the  eleemosynary  institutions  of  the 
State. 

Sercjith — For  the  jiay  of  the  General  Assembly,  and  such  other 
l)urposes,  not  herein  prohibited,  as  it  may  deem  necessary;  but  no 
(ieneral  Assembly  shall  have  power  to  make  any  ai)propriation  of 
money  for  any  i)urpose  whatsoever,  until  the  respective  sums  neces- 
sary for  the  purposes  in  this  section  specified  have  been  set  aj^art  and 
appropriated,  or  to  i>ive  priority  in  its  action  to  a  succeeding'  over  a 
pi-eceding  item  as  above  enumerated. 

Sec.  44.  The  (ieneral  Assembly  shall  have  no  i)o\ver  to  contract  or 
to  authorize  the  contracting  of  any  debt  or  liability  on  behalf  of  the 
State,  or  to  issue  l)()nds  or  other  evidences  of  indebtedness  thereof, 
except  in  the  following  cases: 

First — In  renewal  of  existing  bonds,  when  they  cannot  be  paid  at 
maturity,  out  of  the  sinking  fund  or  other  resources. 

Second — On  the  occurring  of  an  unforseen  emergency,  oi-  casual 
deficiency  of  the  revenue  when  the  temporary  liability  incurred,  upon 
the  recommendation- of  the  Governor  first  had,  shall  not  exceed  the 
sum  of  two  hundred  and  hfty  thousand  dollars  for  any  one  year,  to  l)e 
l^aid  in  not  more  than  two  years  from  and  after  its  creation. 

lli'a'd — On  the  occurring  of  any  unforeseen  emergency  or  casual 
dehciency  of  the  revenue,  when  the  temporary  liability  incurred  or  to 
be  incurred  shall  exceed  the  sum  of  two  hundred  and  lifty  thousand 
dollars  for  any  one  year,  the  General  Assembly  may  submit  an  act  pro- 
viding for  the  loan,  or  for  the  contracting  of  the  liability,  and  contain- 
ing a  provision  for  levj'ing  a  tax  sufficient  to  pay  the  interest  and 
principal  when  they  become  due  (the  latter  in  not  more  than  thirteen 
years  from  the  date  of  its  creation),  to  the  qualihed  voters  of  the 
State,  and  when  the  act  so  submitted  shall  have  been  ratified  by  a  two- 
thirds  majority,  at  an  election  held  for  that  pur})ose,  due  publication 
having  been  made  of  the  provisions  of  the  act  for  at  least  thi-ee  months 
before  such  election,  the  act  thus  ratihed  shall  be  irrei)ealable  until 
the  debt  thereby  incurred  shall  be  paid,  principal  and  interest. 

Sec.  45.  The  General  Assembly  shall  have  no  power  to  give  or  to 
lend,  or  to  authorize  the  giving  or  lending  of  the  credit  of  the  State  in 
aid  of  or  to  any  person,  assocuition  or  corporation,  whether  municipal 
or  other,  or  to  pledge  the  credit  of  the  State  in  any  manner  whatso- 
ever, for  the  payment  of  the  liabilities,  present  or  prospective,  of  any 
individual,  association  of  individuals,  municijial  or  other  cori)ora(ion 
whatsoever. 

Sec.  46.  The  General  Assembly  shall  have  no  power  to  nudce  any 
grant  or  to  authorize  the  making  of  any  grant  of  public  money  or 
thing  of  value  to  any  individual,  association  of  individuals,  municipal 
or  other  corporation  whatsoever:  Prorided,  that  this  shall  not  be  so 
construed  as  to  prevent  the  grant  of  aid  in  a  case  of  public  calamity. 

'^  Sec.  47.  The  General  Assembly  shall  have  no  ]:)Ower  to  authorize 
any  county,  city,  town  or  township,  or  other  political  cori)oration  or 
subdivision  of  the  State  now  existing,  or  that  may  be  heivafter  estab- 
lished, to  lend  its  credit  or  to  grant  pulilic  money  or  thing  of  value  in 
aid  of  or  to  any  individual,  association  or  corporation  wdiatsocver,  or 
to  become  a  stockholder  in  such  corporation,  association  or  company. 

"  Soo  ;iiiioiu1inon(.  IS*)!'. 
l-o'■^ VOL  o — UT— — -1 


2242  Missouri— 1S7  5 

Sec.  -1-S,  The  Gonoral  Assembly  shall  have  no  powor  to  fjranl  or 
to  authorize  any  county  or  nuniicipal  authority  to  grant  any  extra 
compensation,  fee  or  alloAvance  to  a  public  officer,  agent,  servant  or 
contractor,  after  service  has  been  rendered  or  a  contract  has  been 
entered  into  and  performed  in  whole  or  in  part,  nor  pay  nor  authorize 
the  payment  of  any  claim  hereafter  created  against  the  State,  or  any 
county  or  municipality  of  the  State,  under  any  agreement  or  contract 
made  without  express  authority  of  law;  anct  all  such  unauthorized 
agreements  or  contracts  shall  be  null  and  void. 

Sec.  49.  The  General  Assembly  shall  have  no  power  hereafter  to 
subscribe  or  authorize  the  subscription  of  stock  on  behalf  of  the 
State,  in  any  corporation  or  association,  except  for  the  purpose  of 
securing  loans  heretofore  extended  to  certain  railroad  corporations 
by  the  State. 

Sec.  50.  The  General  Assembly  shall  have  no  power  to  release  or 
alienate  the  lien  held  by  the  State  upon  any  railroad,  or  in  anywise 
change  the  tenor  or  meaning  or  pass  any  act  explanatory  thereof; 
but  the  same  shall  be  enforced  in  accordance  with  the  original  terms 
upon  which  it  was  acquired. 

Sec.  51.  The  General  Assembly  shall  have  no  power  to  release  or 
extinguish,  or  authorize  the  releasing  or  extinguishing,  in  whole  or 
in  part,  the  indebtedness,  liability  or  obligation  of  any  corporation 
or  individual  to  this  State,  or  to  any  county  or  other  municipal  cor- 
poration therein. 

Sec.  52.  The  General  Assembly  shall  have  no  power  to  make  any 
appropriation  of  money,  or  to  issue  any  bonds  or  other  evidences  of 
inclebtedness  for  the  payment  or  on  account  or  in  recognition  of  any 
claims  audited  or  that  may  hereafter  be  audited  by  virtue  of  an  act 
entitled  "An  act  to  audit  and  adjust  the  war  debt  of  the  State,"  ap- 
proved March  19,  1874,  or  any  act  of  a  similar  nature,  until  after  the 
claims  so  audited  shall  have  been  presented  to  and  paid  by  the  Gov- 
ernment of  the  United  States  to  the  State  of  Missouri. 

Sec.  53.  The  General  Assembly  shall  not  pass  any  local  or  special 
law : 

Authorizing  the  creation,  extension  or  impairing  of  liens; 

Regulating  the  affairs  of  counties,  cities,  townships,  wards  or  school 
districts ; 

Changing  the  names  of  persons  or  places ; 

Changing  the  venue  in  civil  or  criminal  cases; 

Authorizing  the  laying  out,  opening,  altering  or  maintaining  roads, 
highways,  streets  or  alleys; 

Relating  to  ferries  or  bridges,  or  incorporating  ferry  or  bridge  com- 
panies, except  for  the  erection  of  bridges  crossing  streams  which  form 
boundaries  between  this  and  any  other  State ; 

Vacating  roads,  town  plats,  streets  or  alleys; 

Relating  to  cemeteries,  gTave-vards  or  public  grounds  not  of  the 
State; 

Authorizing  the  adoption  or  legitimation  of  children; 

Locating  or  changing  county  seats : 

Incorporating  cities,  towns  or  villages,  or  changing  their  charters ; 

For  the  opennig  and  conducting,  of  elections,  or  fixing  or  changing 
the  places  of  voting ; 


MLSwuri—lS75  2243 

(Trantinjr  divorces; 

Erecting-  new  toAvnships,  or  changing-  township  lines,  or  the  lines 
of  school  districts: 

Creating  offices,  or  prescribing  the  powers  and  duties  of  officers  in 
counties,  cities,  townships,  election  or  school  districts; 

Changing  the  law  of  descent  or  succession ; 

Ivegulating  the  practice  or  jurisdiction  of  or  changing  the  rules  of 
evidence  in  any  judicial  proceeding  or  inquirv  before  courts,  justices 
of  the  peace,  sheritt's.  coniniissioners,  arbitrators  or  other  tril)unals,  or 
l)roviding  or  changing  methods  for  the  collection  of  debts,  or  the  en- 
forcing of  judgments,  or  prescribing  the  eifect  of  judicial  sales  of  real 
estate ; 

Regulating  the  fees  or  extending  the  powers  and  duties  of  alder- 
men, justices  of  the  peace,  magistrates  or  constables: 

Regulating  the  management  of  public  schools,  the  building  or  re- 
pairing of  school-houses,  and  the  raising  of  money  for  such  purposes; 

Fixing  the  rate  of  interest : 

Affecting  the  estates  of  minors  or  persons  under  disability  ; 

Remitting  fines,  penalties  and  forfeitures,  or  refunding  moneys 
legally  paid  into  the  treasury ; 

Exempting  property  from  taxation  : 

Regulating  labor,  trade,  mining  or  manufacturing: 

Creating  corporations,  or  amending,  renewing,  extending  or  ex- 
plaining the  charter  thereof: 

Granting  to  any  corporation,  association  or  individual  any  special 
or  exclusive  right,  privilege  or  immunity,  or  to  any  corporation,  asso- 
ciation or  individual  the  right  to  lay  down  a  railroad  track ; 

Declaring  any  named  person  of  age; 

Extending  the  time  for  the  assessment  or  collection  of  taxes,  or 
otherwise  relieving  any  assessor  or  collector  of  taxes  from  the  due 
performance  of  their  official  duties,  or  their  securities  from  lial)ility : 

Giving  etl'ect  to  informal  or  invalid  wills  or  deeds; 

Summoning  or  empanneling  grand  or  petit  juries; 

For  limitation  of  civil  actions: 

TjCgalizing  the  unauthorized  or  invalid  acts  of  any  officer  or  agent 
of  the  State,  or  of  any  county  or  municipality  thereof.  In  all  other 
cases  where  a  general  law  can  be  made  applicable,  no  local  or  special 
law  shall  be  enacted;  and  Avhether  a  general  law  could  have  been 
made  apj^licable  in  any  case  is  hereby  declared  a  judicial  question, 
and  as  such  shall  be  judicially  determined  without  regard  to  any 
legislative  assertion  on  that  subject: 

Nor  shall  the  General  Assembly  indirectly  enact  such  special  or 
local  law  by  the  partial  repeal  of  a  general  law:  but  laws  repealing 
local  or  special  acts  may  be  passed. 

Sec.  54.  No  local  or  special  law  shall  be  pa>sed  unless  notice  of  the 
intention  to  apply  therefor  shall  have  been  published  in  the  locality 
Avhere  the  matter  or  thing  to  be  afl'ected  may  be  situated,  which  notice 
shall  state  the  substance  of  the  contemplated  law.  and  shall  l)e  pub- 
lished at  least  thirty  days  prior  to  the  introduction  iutf»  the  (Jeneral 
Assembly  of  such  bill,  and  in  tlie  manner  to  be  provided  In'  law.  Th<' 
evidence  of  such  notice  having  been  published  shall  be  exhibited  in 
the  General  Assembly  before  such  act  shall  be  |):isse(l.  niid  the  notice 
shall  be  recited  in  the  act  according  to  its  tenor. 


2244  Missouri— 1875 

Sec.  55.  The  General  Assembly  shall  have  no  poAver,  Avhen  con- 
vened in  extra  session  by  the  Governor,  to  act  upon  subjects  other  than 
those  specially  designated  in  the  proclamation  by  which  the  session  is 
called,  or  recommended  by  special  message  to  its  consideration  by  the 
Governor  after  it  shall  have  been  convened. 

Sec.  5().  The  General  Assembly  shall  have  wo  i>ower  to  remove  the 
seat  of  government  of  this  State  "froui  the  City  of  Jefferson. 

Article  V 

EXECUTIVE    DEPxVRT:\rEXT 

Section  1.  The  Executive  department  shall  consist  of  a  Governor, 
Lieutenant-Governor,  Secretary  of  State,  State  Auditor,  State  Treas- 
urer, Attorney-General  and  Superintendent  of  Public  Schools,  all  of 
whom,  except  the  Lieutenant-Governor,  shall  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. 

Sec.  2.  The  term  of  office  of  the  Governor,  Lieutenant-Governor, 
Secretary  of  State,  State  Auditor,  State  Treasurer,  Attorney-General 
and  Superintendent  of  Public  Schools  shall  be  four  years  from  the 
second  Monday  of  January  next  after  their  election,  and  until  their 
successors  are  elected  and  qualified ;  and  the  Governor  and  State 
Treasurer  shall  be  ineligible  to  re-election  as  their  own  successors. 
At  the  general  election  to  be  held  in  the  year  one  thousand  eight 
hundred  and  seventy-six,  and  every  four  years  thereafter,  all  of  such 
officers,  except  the  Superintendent  of  Public  Schools,  shall  be  elected, 
and  the  Superintendent  of  Public  Schools  shall  be  elected  at  the  gen- 
eral election  in  the  year  one  thousand  eight  hundred  and  seventy- 
eight,  and  every  four  years  thereafter. 

Sec.  3.  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  Repre- 
sentatives, who  shall,  immediately  after  the  organization  of  the 
House,  and  before  proceeding  to  other  business,  open  and  ])ublish 
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  Representatives.  The  person  having  the  highest  number  of 
A'otes  for  either  of  said  offices  shall  be  declared  duly  elected;  but  if 
two  or  more  shall  have  an  equal  and  the  highest  number  of  votes,  the 
General  Assembly  shall,  by  joint  vote,  choose  one  of  such  persons 
for  said  office. 

Sec.  4.  The  supreme  executive  power  shall  be  vested  in  a  chief 
magistrate,  who  shall  be  styled  "  The  Governor  of  the  State  of  Mis- 
souri." 

Sec.  5.  The  Governor  shall  be  at  least  thirty-five  years  old,  a  male, 
and  shall  have  been  a  citizen  of  the  United  States  ten  years,  and  a 
resident  of  this  State  seven  years  next  before  his  election. 

Sec.  6.  The  Governor  shall  take  care  that  the  laws  are  distributed 
and  faithfully  executed:  and  he  shall  be  a  conservator  of  the  peace 
throughout  the  State. 

Sec.  7.  Tlie  Governor  shall  be  commander-in-chief  of  the  militia 
of  this  State,  except  when  they  shall  be  called  into  the  service  of  the 


MiHR<nn-i—1S7ri  2245 

United  Slates,  and  may  call  out  the  same  to  execute  the  laws,  sup- 
j^ress  insurrection  and  repel  invasion;  but  he  need  not  connnand  in 
|)erson  unless  directed  so  to  do  by  a  resolution  of  the  Cxeneral  As- 
sembly. 

Sec.  8.  The  Ciovernor  shall  have  power  to  <»:rant  reprieves,  commu- 
tations and  pardons,  after  conviction,  for  all  otl'enses,  except  treason 
and  cases  of  ini])eachment,  u])on  such  condition  and  with  such  re- 
strictions and  limitations  as  he  may  think  proper,  subject  to  such 
regulations  as  may  be  provided  by  law  relative  to  the  manner  of 
applyino-  for  pardons.  He  shall,  at  each  session  of  the  (ieneral 
Assembly,  comnuniicate  to  that  body  each  case  of  reprieve,  connnu- 
tation  or  ])ardon  granted,  stating  the  name  of  the  convict,  the  crime 
of  Avhich  he  Avas  convicted,  the  sentence  and  its  date,  the  date  of  the 
commutation,  pardon  or  reprieve,  and  the  reason  for  granting  the 
same. 

Sec.  0.  The  Governor  shall,  from  time  to  time,  give  to  the  General 
Assembly  information  relative  to  the  state  of  the  government,  and 
shall  reconunend  to  its  consideration  such  measures  as  he  shall  deem 
necessary  and  expedient.  On  extraordinary  occasions  he  may  convene 
the  (jeneral  Assembly  by  prochimatiou.  wlierein  he  shall  state  spe- 
cifically each  matter  concej-ning  wliich  the  action  of  that  body  is 
deemed  necessary. 

Sec.  10.  The  Governor  shall,  at  the  commencement  of  each  ses- 
sion of  the  General  Assembly,  and  at  the  close  of  his  term  of  office, 
give  information  by  message  of  the  condition  of  the  State,  and  shall 
reconunend  such  nunisures  as  lie  shall  deem  expedient.  He  shall  ac- 
count to  the  (ieneial  Assembly,  in  sucli  manner  as  may  be  i)rescribed 
by  law,  for  all  moneys  received  and  ])aid  out  by  him  from  any  funds 
subject  to  his  order,  with  vouchers,  and  at  the  connnencement  of  each 
regular  session,  j^resent  estimates  of  the  amount  of  money  required 
to  be  raised  by  taxation  for  all  ])urposes. 

Sec.  11.  When  any  office  shall  become  vacant,  the  Governor,  un- 
less othei'wise  provided  by  law,  shall  ai>point  a  person  to  fill  such  va- 
cancy, who  shall  continue  in  office  until  a  successor  shall  have  been 
duly  elected  or  a])i)ointed  aiul  (lualitied  according  to  law. 

Sec.  12.  The  (lovei-noi-  shall  c()nsi(l(M-  all  bills  and  joint  resolu- 
tions which,  having  been  ])asse(l  by  both  houses  of  the  (Jeneral  As- 
sembly, shall  be  ]uesented  to  him.  lie  shall,  within  ten  days  after 
the  same  shall  have  been  presented  to  him,  return  to  the  house  in 
which  they  resi)ectively  originated  all  such  bills  and  joint  resolutions, 
with  his  approval  indorsed  thereon,  or  accompanied  by  his  objections: 
Pioridcd^  that  if  the  (ieneral  Assembly  shall  finally  adjoui'u  Avithin 
ten  days  after  such  i)resentation,  the  (iovernor  may,  within  thii-ty 
days  thereafter,  return  such  bills  and  resolutions  to  the  office  of  the 
Secretary  of  State,  Avith  his  a|)proval  or  i-easons  for  disap])roval. 

Sec.  13.  If  any  bill  ])resented  to  the  Governor  contain  several 
items  of  appropriation  of  money,  he  may  object  to  one  or  more  items 
while  api)roviiig  other  ]>ortions  of  the  l)ill.  In  such  case  he  shall  ap- 
pend to  the  bill,  at  the  time  of  signing  it,  a  statement  of  the  items  to 
which  he  objects,  and  the  api)roi)riations  so  objected  to  shall  not  take 
effect.  If  the  General  Assembly  be  in  session,  he  shall  transmit  to  the 
house  in  which  the  bill  originated  a  copy  of  such  statement,  and  the 
items  objected  to  shall  be  separately  reconsidered.    If  it  be  not  in  ses- 


2240  }rif<mun—lS7/) 

sioii,  then  he  shall  transmit  the  same  within  thirty  clays  to  the  office  of 
Secretary  of  State,  with  his  approyal  or  reasons  for  disapproyal. 

Sec.  14.  Eyery  resolution  to  which  the  concurrence  of  the  Senate 
and  House  of  Representatiyes  may  be  necessary,  except  on  questions 
of  adjournment,  of  going  into  joint  session,  and  of  amending  this 
Constitution,  shall  be  presented  to  the  Governor,  and  before  the  same 
shall  take  effect  shall  be  proceeded  upon  in  the  same  manner  as  in 
the  case  of  a  bill:  Provided,  that  no  resolution  shall  have  the  effect 
to  repeal,  extend,  alter  or  amend  any  law. 

Sec.  15.  The  Lieutenant-Governor  shall  possess  the  same  (|ualifi- 
cations  as  the  Governor,  and  by  virtue  of  his  office  shall  be  President 
of  the  Senate.  In  committee  of  the  whole  he  may  debate  all  ques- 
tions; and  when  there  is  an  equal  division  he  shall  give  the  casting 
vote  in  the  Senate,  and  also  in  joint  vote  of  both  houses. 

Sec.  16.  In  case  of  death,  conviction  or  impeachment,  failure  to 
qualify,  resignation,  absence  from  the  State,  or  other  disability  of  the 
Governor,  the  powers,  duties  and  emoluments  of  the  office  for  the 
residue  of  the  term,  or  until  the  disability  shall  be  removed,  shall  de- 
volve upon  the  Lieutenant-Governor. 

Sec.  17.  The  Senate  shall  choose  a  President  pro  tempore  to  pre- 
*side  in  cases  of  the  absence  or  impeachment  of  the  Lieutenant-Gov- 
ernor, or  when  he  shall  hold  the  office  of  Governor.  If  there  be  no 
Lieutenant-Governor,  or  the  Lieutenant-Governor  shall,  for  any  of 
the  causes  specified  in  section  sixteen  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  re- 
moved; and  if  the  President  of  the  Senate,  for  any  of  the  above 
named  causes,  shall  become  incapable  of  performing  the  duties  of 
Governor,  the  same  shall  devolve  upon  the  Speaker  of  the  House  of 
Representatives,  in  the  same  manner  and  with  the  same  powers  and 
compensation  as  are  prescribed  in  the  case  of  the  office  devolving  upon 
the  Lieutenant-Governor. 

Sec.  18.  The  Lieutenant-Governor  or  the  President  pro  tempore 
of  the  Senate,  while  presiding  in  the  Senate,  shall  receive  the  same 
compensation  as  shall  be  allowed  to  the  Speaker  of  the  House  of 
Representatives. 

Sec.  19.  Xo  person  shall  be  eligible  to  the  office  of  Secretary  of 
State,  State  Auditor,  State  Treasurer,  Attorney-General,  or  Superin- 
tendent of  Public  Schools,  unless  he  be  a  male  citizen  of  the  United 
States  and  at  least  twenty-five  years  old,  and  shall  have  resided  in 
this  State  at  least  five  years  next  before  his  election. 

Sec.  20.  The  Secretary  of  State  shall  be  the  custodian  of  the  seal 
of  the  State,  and  authenticate  thercAvith  all  official  acts  of  the  Gov- 
ernor, his  a])i)roval  of  laws  excepted.  The  said  seal  shall  be  called  the 
"  Great  Seal  of  the  State  of  Missouri,"  and  the  emblems  and  devices 
thereof,  heretofore  prescribed  by  law,  shall  not  be  subject  to  chang(\ 

Sec.  21.  The  Secretary  of  State  shall  keep  a  register  of  the  official 
acts  of  the  Governor,  and  when  necessj^ry.  shall  attest  them,  and  lay 
copies  of  the  same,  together  with  copies  of  all  papers  relative  thereto, 
before  either  house  of  the  General  Assembly  whenever  required  to 
do  so. 

Sec.  22.  An  account  shall  be  kept  by  the  officers  of  the  Execu- 
tive department  of  all  moneys  and  choses  in  action  disbursed  or  other- 
wise disposed  of  by  them,  severally,  from  all  sources,  and  for  every 


Missouri— ISrri  L>LM7 

service  performed;  and. a  semi-annual  report  thereof  shall  be  made  to 
the  Governor  under  oath.  The  Governor  may  at  any  time  require 
information,  in  writin*::,  under  oath,  from  the  officers  ot  the  Executive 
department,  and  all  officei's  and  managers  of  State  institutions,  upon 
any  subject  relating-  to  the  condition,  management  and  exi)enses  of 
their  respective  offices  and  institutions;  which  information,  when  so 
required,  shall  be  furnished  by  such  officers  and  managers;  and  any 
officer  or  manager  who  at  any  time  shall  make  a  false  report  shall  be 
guilty  of  perjury  and  punished  accordingh'. 

Sec.  23.  The  Governor  shall  conmiission  all  officers  not  otherwise 
provided  for  by  law.  All  commissions  shall  run  in  the  name  and  by 
the  authority  of  the  State  of  IMissouri,  be  signed  by  the  Governor, 
sealed  with  the  Great  Seal  of  the  State  of  ^lissouri.  and  attested  by 
the  Secretary  of  State. 

Sec.  24.  The  officers  named  in  this  article  shall  receive  for  their 
services  a  salary  to  be  established  by  law,  which  shall  not  be  increased 
or  diminished  during  their  official  terms;  and  they  shall  not,  after  the 
expiration  of  the  terms  of  those  in  office  at  the  adoption  of  this  Con- 
stitution, receive  to  their  own  use  any  fees,  costs,  perquisites  of  office, 
or  other  compensation.  X\\  fees  that  may  hereafter  be  payable  by  law 
for  any  service  performed  by  any  officer  provided  for  in  this  article 
shall  be  paid  in  advance  into  the  State  treasury. 

Sec.  2.").  Contested  elections  of  (lovernor  and  Lieutenant-tiovernor 
shall  be  decided  by  a  joint  vote  of  both  houses  of  the  General  Assem- 
bly, in  such  maimer  as  may  be  provided  by  law';  and  contested 
elections  of  Secretary  of  State,  State  Auditor.  State  Treasurer,  Attor- 
ney-(Teneral  and  Superintendent  of  Public  Schools  shall  be  decided 
before  such  tribunal  and  in  such  manner  as  may  be  ]:)rovided  by  law. 

Article  VI 

JUDICIAL  depart:ment  « 

Section  1.  The  judicial  power  of  the  State,  as  to  matters  of  law 
and  equity,  exce])t  as  in  this  Constitution  otherwise  provided,  shall 
be  vested  in  a  Supreme  court,  the  St.  Louis  court  of  appeals,  circuit 
courts,  criminal  courts,  })robate  courts,  county  courts,  and  municipal 
corporation  courts. 

Sec.  2.  The  Sui:)reme  court,  except  in  cases  otherwise  directed  by 
this  Constitution,  shall  have  appellate  jurisdiction  only,  which  shall 
be  co-extensive  with  the  State,  under  the  restrictions  and  limitations 
in  this  C\)nstituti<)n  jjrovided. 

Sec.  3.  The  SujH'cme  court  shall  have  a  general  sui)erintending  con- 
trol over  all  inferior  courts.  It  shall  have  power  to  issue  writs  of 
hahenH  coi-piiH^  iiKuulamus,  tjuo  iran-diito,  (</'fior(i/-/\  and  other  original 
remedial  writs,  and  to  hear  and  determine  the  same. 

Sec:.  4.  The  judges  of  the  Supreme  coui't  shall  hold  office  for  the 
term  of  ten  years.  The  judge  oldest  in  commission  shall  be  Chief 
ffustice  of  the  court;  and,  if  there  be  more  than  one  conunission  of 
the  same  date,  the  court  may  select  the  Chief  Justice  from  the  judges 
holding  the  same. 

"  Sec  :iincn(1iiieiil.   18!Mt. 


2248  Missoiiri—lSrr) 

Sec.  5,  The  Supreme  court  shall  consist  of  five  judges,  any  three 
of  whom  shall  constitute  a  quorum;  and  said  judges  shall  be  con- 
servators of  the  peace  throughout  the  State,  iind  sliall  be  elected  by 
the  qualified  voters  thereof. 

.  Sec.  G.  The  judges  of  the  Supreme  court  shall  be  citizens  of  the 
United  States,  not  less  than  thirty  years  old,  and  shall  luive  been  citi- 
zens of  this  State  for  five  years  next  preceding  their  election  or 
appointment,  and  shall  be  learned  in  the  law. 

Sec.  T.  The  full  terms  of  the  judges  of  the  Supreme  court  shall 
commence  on  the  first  day  of  January  next  ensuing  their  election, 
and  those  elected  to  fill  any  vacancy  shall  also  enter  upon  the  dis- 
charge of  their  duties  on  the  first  day  of  January  next  ensuing  such 
election.  Those  aj^pointed  shall  enter  upon  the  discharge  of  their 
duties  as  soon  as  qualified. 

Sec.  8.  The  present  judges  of  the  Sui^reme  court  shall  remain  in 
office  until  the  expiration  of  their  respective  terms  of  office.  To  fill 
their  places  as  their  terms  exjiire,  one  judge  shall  be  elected  at  the 
general  election  in  eighteen  hundred  and  seventy-six,  and  one  every 
two  years  thereafter. 

Sec.  9.  The  Supreme  court  shall  be  held  at  the  seat  of  government 
at  such  times  as  may  be  prescribed  by  law ;  and  until  otherwise 
directed  by  hnv,  the  terms  of  said  court  shall  commence  on  the  third 
Tuesday  in  October  and  April  of  each  yeai". 

Spx'.  10.  The  State  shall  provide  a  suitable  court-room  at  the  seat 
of  government,  in  which  the  Supreme  court  shall  hold  its  sessions; 
also  a  clerk's  office,  furnished  offices  for  the  judges,  and  the  u'je  of  the 
State  library. 

Sec.  11.  If,  in  any  cause  pending  in  the  Supreme  court  or  the  St. 
Louis  court  of  api:)eals,  the  judges  sitting  shall  be  equally  divided  in 
opinion,  no  judgment  shall  l)e  entered  therein  based  on  such  division; 
but  the  parties  to  the  cause  may  agree  upon  some  person,  learned  in 
the  law.  to  act  as  special  judge  in  the  cause,  who  shall  therein  sit  with 
the  court,  and  give  decision  in  the  same  manner  and  with  the  same 
effect  as  one  of  the  judges.  If  the  parties  cannot  agree  upon  a  si^ecial 
judge,  the  court  shall  appoint  one. 

Sec.  12.  There  is  hereby  established  in  the  city  of  St.  Louis  an 
appellate  court,  to  be  known  as  the  ""  St.  Louis  court  of  appeals,''  the 
jurisdiction  of  Avhich  shall  be  co-extensive  with  the  city  of  St.  Louis 
and  the  counties  of  St.  Louis,  St.  Charles.  Lincoln  and  Warren.  Said 
court  shall  have  power  to  issue  writs  of  hoheas  corpus^  quo  warranto, 
mandamus,  certiorari,  and  other  original  remedial  writs,  and  to  hear 
and  determine  the  same,  and  shall  have  a  superintending  control 
over  all  inferior  courts  of  record  in  said  counties.  Appeals  shall  lie 
from  the  decisions  of  the  St.  Louis  court  of  appeals  to  the  Supreme 
court,  and  writs  of  error  may  issue  from  the  supreme  court  to  said 
court  in  the  following  cases  only:  In  all  cases  Avhere  the  amount  in 
dispute,  exclusive  of  costs,  exceeds  the  sum  of  two  thousand  five 
hundred  dollars:  in  cases  involving  the  construction  of  the  constitu- 
tion of  the  United  States  or  of  this  State ;  in  cases  where  the  validity 
of  a  treaty  or  statute  of  or  authority  exercised  under  the  I''^nited 
States  is  drawn  in  (juestion :  in  cases  involving  the  construction  of 
the  revenue  laws  of  this  State,  or  the  title  to  any  office  under  this 
State;  in  cases  involving  the  title  to  real  estate;  in  cases  Avliere  a 


MiRRomi—ISrr^  2210 

count}'  or  other  political  siilxli vision  of  the  Stfite  or  nny  State  ollicer 
is  a  part3\  and  in  all  cases  of  felony. 

Sec.  1H.  The  St.  Louis  court  of  appeals  shall  consist  of  three  judges, 
to  be  elected  by  the  qualified  voters  of  the  city  of  St.  Louis,  and  the 
comities  of  St!  Louis,  St.  Charles,  Lincoln  and  Warren,  who  shall 
hold  their  offices  for  the  period  of  twelve  years.  They  shall  be  resi- 
dents of  the  district  composed  of  said  counties,  shall  possess  the  same 
qualifications  as  judges  of  the  Supreme  court,  and  each  shall  receive 
the  same  compensation  as  is  now.  or  may  l)e.  provided  by  law  for  the 
judges  of  the  circuit  court  of  St.  Louis  county,  and  be  paid  from 
the  same  sources:  Prorhlcd,  that  each  of  said  counties  shall  ])ay  its 
j)roportional  part  of  the  same,  according  to  its  taxable  property. 

Sec.  14.  The  judges  of  said  court  shall  be  conservators  of  the  peace 
throughout  said  counties.  Any  two  of  said  judges  shall  constitute  a 
quorum.  There  shall  be  two  terms  of  said  court  to  be  held  each  year, 
on  tiie  first  Monday  of  jSLirch  and  October,  and  the  first  term  of  said 
court  shall  be  held'on  the  first  INIonday  in  January,  ISTG. 

Sec.  15.  The  opinions  of  said  court  shall  be  in  writing,  and  shall 
be  filed  in  the  cases  in  which  they  shall  be  respectively  made,  and  be- 
come parts  of  their  records:  and  all  laws  relating  to  the  practice  in  the 
Supreme  court  shall  apply  to  this  court,  so  far  as  the  same  may  be 
a]i])licable. 

Sec.  IC).  At  the  first  general  election  held  in  said  city  and  counties 
after  the  adoption  of  this  Constitution,  three  judges  of  said  court  shall 
be  elected,  who  shall  determine  by  lot  the  duration  of  their  several 
terms  of  office,  which  shall  be  respectively,  four,  eight  and  twelve 
years,  and  certify  the  result  to  the  Secretary  of  State:  and  every  four 
years  thereafter  one  judge  of  said  court  shall  be  elected,  to  hold  office 
for  the  term  of  twelve  years.  The  term  of  office  of  such  judges  shall 
begin  on  the  first  Monday  in  January  next  ensuing  their  election. 
The  judge  having  the  oldest  license  to  practice  law  in  this  State  shall 
be  the  presiding  judge  of  said  court. 

Sec.  17.  Upon  the  adoption  of  this  Constitution  the  Governor  shall 
appoint  three  judges  for  said  court,  who  shall  hold  their  offices  until 
the  first  Monday  of  Januai'v,  eighteen  hundred  and  seveuty-scNcu.  and 
until  their  successors  shall  be  duly  (lualilied. 

Sec.  is.  The  clerk  of  the  Supreme  court  at  St.  Louis  shall  be  the 
clerk  of  the  St.  Louis  coui't  of  aj)peals  until  the  expiration  of  the  t(M'm 
for  which  he  was  ai)poiuted  clerk  of  the  Supreme  court,  and  until  liis 
successor  shall  be  duly  (lualitied. 

Sec.  1!).  All  cases  which  may  be  pending  in  the  Supreme  court  at 
St.  Lonis  at  tlu;  time  of  the  adoption  of  this  Constitution,  which  by  its 
terms  would  come  within  the  final  appellate  jin'isdiction  of  the  St. 
Louis  court  of  appeals,  shall  be  certified  and  transferred  to  the  St. 
Louis  court  of  appeals,  to  be  heard  and  determined  by  said  court. 

Sec.  '10.  All  cases  coming  to  said  court  by  ai)peal  or  writ  of  error 
shall  be  triable  at  the  exi)iration  of  fifteen  days  from  the  filing  of  the 
transcrij)!  in  the  office  of  the  clerk  of  said  court. 

Sec.  21.  Uj)()n  the  adoption  of  this  Constitution,  and  after  the 
close  of  the  next  regular  terms  of  the  Sujireme  court  at  St.  Louis  and 
St.  Joseph,  as  now  established  by  law,  the  office  of  the  clerk  of  the 
Supreme  court  at  St.  Louis  and  St.  Joseph  shall  be  vacated,  and  said 
clerks  shall  transmit  to  the  clerk  of  the  Supreme  court  at  Jefferson 


2250  Missouri— 1S7/:; 

City  all  the  books,  records,  clociiinents,  transcripts  and  papers  belong- 
ing to  tlieir  respective  offices,  except  those  required  by  section  nine- 
teen of  this  article  to  be  turned  over  to  the  St.  Louis  court  of  appeals; 
and  said  records,  documents,  transcripts  and  papers  shall  become 
l^art  of  the  records,  documents,  transcripts  and  pai)ers  of  said  Su- 
23reme  court  at  Jefi'erson  Cit}^,  and  said  court  shall  hear  and  determine 
all  the  cases  thus  transferred  as  other  cases. 

Sec.  22.  The  circuit  court  shall  have  jurisdiction  over  all  criminal 
cases  not  otherwise  provided  for  by  law,  exclusive  original  jurisdic- 
tion in  all  civil  cases  not  otherwise  provided  for,  and  such  concurrent 
jurisdiction  with  and  appellate  jurisdiction  from  inferior  tribunals 
and  justices  of  the  peace  as  is  or  may  be  provided  by  law.  It  shall 
hold  its  terms  at  such  times  and  places  in  each  count)^  as  may  be  by 
law  directed ;  but  at  least  two  terms  shall  be  held  every  year  in  each 
county. 

Sec.  23.  The  circuit  court  shall  exercise  a  superintending  control 
over  criminal  courts,  probate  courts,  count}^  courts,  municipal  cor- 
poration courts,  justices  of  the  peace,  and  all  inferior  tribunals  in 
each  county  in  their  respective  circuits. 

Sec.  24.  The  State,  except  as  otherwise  provided  in  this  Constitu- 
tion, shall  be  divided  into  convenient  circuits  of  contiguous  counties, 
in  each  of  which  circuits  one  circuit  judge  sliall  be  elected;  and  such 
circuits  may  be  changed,  enlarged,  diminished  or  abolished,  from  time 
to  time,  as  public  convenience  may  require;  and  whenever  a  circuit 
shall  be  abolished,  the  office  of  the  judge  of  such  circuit  shall  cease. 

Sec.  25.  The  judges  of  the  circuit  courts  shall  be  elected  by  the 
qualified  voters  of  each  circuit;  shall  hold  their  offices  for  the  term  of 
six  years,  and  shall  reside  in  and  be  conservators  of  the  peace  within 
their  respective  circuits. 

Sec.  20.  No  person  shall  be  eligible  to  the  office  of  judge  of  the  cir- 
cuit court  who  shall  not  have  attained  the  age  of  thirty  years,  been  a 
citizen  of  the  United  States  five  years,  a  qualified  voter  of  this  State 
for  three  years,  and  who  shall  not  be  a  resident  of  the  circuit  in  which 
he  may  be  elected  or  appointed. 

Sec.  27.  The  circuit  court  of  St.  Louis  county  shall  be  composed  of 
five  judges,  and  such  additional  number  as  the  General  Assembly 
may.  from  time  to  time,  provide.  Each  of  said  judges  shall  sit  sep- 
arately for  the  trial  of  causes  and  the  transaction  of  business  in  spe- 
cial term.  The  judges  of  said  circuit  court  may  sit  in  general  term, 
for  the  purpose  of  making  rules  of  court,  and  for  the  transaction  of 
such  other  business  as  may  be  provided  by  law,  at  such  time  as  they 
may  determine;  but  shall  have  no  power  to  review  any  order,  decision 
or  proceeding  of  the  court  in  special  term.  The  St.  Louis  court  of 
appeals  shall  have  exclusive  jurisdiction  of  all  appeals  from  and 
writs  of  error  to  the  circuit  courts  of  St.  Charles,  Lincoln  and  Warren 
counties,  and  the  circuit  court  of  St.  Louis  county,  in  special  term, 
and  all  courts  of  record  having  criminal  jurisdiction  in  said  counties. 

Sec.  28.  In  any  circuit  composed  of  a  single  county,  the  Genei-al 
Assembly  may,  from  time  to  time,  provide  for  one  or  more  additional 
judges,  as  the  business  shall  require;  each  of  whom  shall  separately 
try  cases  and  perform  all  other  duties  imposed  upon  circuit  judges. 

Sec.  29.  If  there  be  a  vacancy  in  the  office  of  judge  of  any  circuit, 
or  if  the  judge  be  sick,  absent,  or  from  any  cause  unable  to  hold  any 
term  or  part  of  term  of  court,  in  any  county  in  his  circuit,  such  term 


Missouri— ISTo  22r)l 

or  part  of  term  of  court  may  bo  liekl  bv  a  judge  of  any  other  cireiiit ; 
an<l  at  the  request  of  the  judge  of  any  circuit,  any  term  of  court  or 
j)art  of  term  in  his  circuit  may  be  lielil  by  the  judge  of  any  other  cir- 
cuit;  and  in  all  such  cases,  or  in  any  case  where  the  judge  cannot 
preside,  the  (ieneral  Assembly  shall  make  such  additional  provision 
for  holding  court  as  may  be  found  necessary. 

Sec.  30.  The  election  of  judges  of  all  courts  of  record  shall  be  held 
as  is  or  may  be  provided  by  law,  and  in  case  of  a  tie  or  contested 
election  between  the  candidates,  the  same  shall  be  determined  as  pre- 
scribed by  law. 

Sec.  31.  The  General  Assembly  shall  have  no  power  to  establish 
criminal  courts,  except  in  counties  having  a  po])ulati()n  exceeding 
fifty  thousand. 

Sec.  32.  In  case  the  office  of  judge  of  any  court  of  record  become 
vacant  by  death,  resignation,  removal,  failure  to  qualify,  or  otherwise, 
such  vacancy  shall  be  filled  in  the  manner  ])rovided  by  law. 

Sec.  33.  The  judges  of  the  Supreme,  appellate  and  circuit  courts, 
and  of  all  other  courts  of  record  receiving  a  salarv,  shall,  at  stated 
times,  receive  such  compensation  for  their  services  as  is  or  may  be 
jjrescribed  by  law ;  but  it  shall  not  be  increased  or  diminished  during 
the  period  for  Avhich  they  Avere  elected. 

Sec  34.  The  (Ieneral  Assembly  shall  establish  in  every  county  a 
probate  court,  which  shall  be  a  court  of  record,  and  consist  of  one 
judge,  who  shall  be  elected.  Said  court  shall  have  jurisdiction  over 
all  matters  pertaining  to  probate  business,  to  granting  letters  testa- 
mentary and  of  administration,  the  appointment  of  guardians  and 
curators  of  minors  and  persons  of  unsound  mind,  settling  the  accounts 
of  executors,  administrators,  curators  and  guardians,  and  the  sale  or 
leasing  of  lands  by  administrators,  curators  and  guardians;  and,  also, 
jurisdiction  oxer  all  matters  relating  to  appivntices:  Proridcd,  that 
until  the  (ieneral  Assembly  shall  provide  by  law  for  a  uniform  system 
of  i)robHte  courts,  the  jurisdiction  of  probate  courts  lieretofore  estab- 
lished shall  remain  as  now  provided  by  law. 

Sec.  35.  Probate  courts  shall  be  uniform  in  their  organization, 
jurisdiction,  duties  and  practice,  except  that  a  separate  clerk  may  be 
provided  for,  or  the  judge  may  be  required  to  act,  ea'  offie/o.  as  his 
own  clerk. 

Sec.  3().  In  each  county  there  shall  be  a  county  court,  which  shall 
be  a  court  of  record,  and  shall  have  jurisdiction  to  transact  all 
county  and  such  other  business  as  may  l)e  ])rescribed  by  law.  'IMie 
court  shall  consist  of  one  or  more  judges,  not  exceeding  three,  of 
whom  the  prol)ate  judge  may  be  one,  as  may  be  ])rovided  by  law. 

Sec.  3)7.  In  each  county  there  shall  be  a])pointed,  or  elected,  as 
many  justices  of  the  })eace  as  the  ])ublic  good  may  re(juire.  wh(^se 
))owers,  duties  and  duration  in  office  shall  be  regulated  by  law. 

Sec.  3S.  All  writs  and  process  shall  run  and  all  i)rosecutions  shall 
be  conducted  in  the  name  of  the  "  State  of  Missoui'i;"  all  wi'its  shall 
be  attested  i)y  the  clerk  of  the  court  from  which  they  shall  be  issued; 
and  all  indictments  shall  conclude,  "against  the  peace  and  diiinitv 
of  the  State." 

Sec.  30.  The  St.  Louis  coiu't  of  ai)peals  and  Suj)reme  court  shall 
appoint  theii-  own  clerks.  The  clerks  of  all  other  courts  of  record 
shall  be  elective,  for  such  terms  and  in  such  manner  as  may  be  di- 
rected by  law:  PioridciL  that  the  term  of  office  of  no  existing  clerk 


2252  Mis.9oiin~JS7o 

of  any  conrl  of  record,  not  alK)lislHMl  Ijy  this  Cons-liliilion.  shall  ho 
affected  by  such  law. 

Sec.  40.  In  case  there  be  a  tie  or  a  contested  election  between  candi- 
dates for  clerk  of  any  court  of  record,  the  same  shall  be  determiner] 
in  such  manner  as  may  be  directed  l)v  law. 

Sec.  41.  In  case  of  the  inability  of  any  jud^e  of  a  court  of  record 
to  discharge  the  duties  of  his  ofhce  with  efficiency,  by  reason  of  con- 
tinued sickness,  or  physical  or  mental  inhrmity.  it  shall  be  in  the 
poAver  of  the  General  Assembly,  two-thirds  of  the  members  of  each 
house  concurring,  with  the  approval  of  the  Governor,  to  remove  such 
judge  from  office;  but  each  house  shall  state  on  its  respective  journal 
the  cause  for  which  it  shall  wish  his  removal,  and  give  him  notice 
thereof,  and  he  shall  have  the  right  to  be  heard  in  his  defense,  in  such 
manner  as  the  General  Assembly  shall  by  law  direct. 

Sec.  42.  All  courts  now  existing  in  this  State,  not  named  or  pro- 
vided for  in  this  Constitution?  shall  continue  until  the  expiration 
of  the  terms  of  office  of  the  several  judges;  and  as  such  terms  expire, 
the  business  of  said  courts  shall  vest  in  the  court  having  jurisdiction 
thereof  in  the  counties  Avhere  said  courts  now  exist,  and  all  the  rec- 
ords and  papers  shall  be  transferred  to  the  proper  courts. 

Sec.  43.  The  Supreme  court  of  the  State  shall  designate  what  opin- 
ions delivered  by  the  court,  or  the  judges  thereof,  may  be  printed 
at  the  expense  of  the  State;  and  the  General  Assembly  shall  make  no 
2)rovision  for  payment  by  the  State  for  the  publication  of  any  case 
decided  by  said  court,  not  so  designated. 

Sec.  44.  All  judicial  decisions  in  this  State  shall  be  free  for  publi- 
cation by  an}"  person. 

Article  VII 

IMPEACHMENTS 

Sectiox  1.  The  Governor,  Lieutenant-Governor,  Secretary  of  State, 
State  Auditor,  State  Treasurer,  Attorney-General,  Superintendent 
of  Public  Schools  and  Judges  of  the  Supreme,  circuit  and  criminal 
courts,  and  of  the  St.  Louis  court  of  appeals,  shall  be  liable  to  im- 
peachment for  high  crimes  or  misdemeanors,  and  for  misconduct, 
habits  of  drunkenness,  or  oppression  in  office. 

Sec.  2.  The  House  of  Representatives  shall  have  the  sole  power  of 
impeachment.  All  impeachments  shall  be  tried  by  the  Senate,  and 
when  sitting  for  that  purpose,  the  Senators  shall  be  sworn  to  do  jus- 
tice according  to  law  and  evidence.  When  the  Governor  of  the  State 
is  on  trial,  the  Chief  Justice  of  the  Supreme  court  shall  preside.  No 
jierson  shall  be  convicted  without  the  concurrence  of  two-thirds  of 
the  vSenators  present.  But  judgment  in  such  cases  shall  not  extend 
any  further  than  removal  from  office,  and  disqualification  to  hold 
any  office  of  honor,  trust  or  profit  under  this  State.  The  party, 
whether  convicted  or  acquitted,  shall,  nevertheless,  be  liable  to  prose- 
cution, trial,  judgment  and  punishment  according  to  law. 

Article  A^III 

suffrage  axd  elections 

Section  1.  The  general  election  shall  be  held  biennially  on  the 
Tuesday  next  following  the  first  Monday  in  November.     The  first 


Missouri — 187o  2253 

general  election  under  this  Constitution  shall  be  held  on  that  day  in 
the  3^ear  one  thousand  eight  hundred  and  seventy-six ;  but  the  General 
Assembly  may,  by  laAv,  fix  a  dift'erent  day — two-thirds  of  all  the  mem- 
bers of  each  house  consenting  thereto. 

Sec.  2.  EA-ery  male  citizen  of  the  United  States,  and  every  male 
person  of  foreign  birth,  who  may  have  declared  his  intention  to  be- 
come a  citizen  of  the  United  States  accoi-ding  to  law,  not  less  than 
one  year  nor  more  than  five  years  before  he  offers  to  vote,  who  is  over 
the  age  of  twenty-one  years,  possessing  the  following  qualifications, 
shall  be  entitled  to  vote  at  all  elections  by  the  people: 

First — He  shall  have  resided  in  the  State  one  year  immediately  pre- 
ceding the  election  at  which  he  offers  to  vote. 

Second — He  shall  have  resided  in  the  county,  city  or  town  where 
he  shall  offer  to  vote,  at  least  sixty  days  immediately  preceding  the 
election. 

Sec.  3.  All  elections  by  the  people  shall  be  by  ballot :  everv  ballot 
voted  shall  be  numbered  in  the  order  in  which  it  shall  be  received, 
and  the  number  recorded  by  the  election  officers  on  the  list  of  voters, 
op])osite  the  name  of  the  voter  who  presents  the  ballot.  The  election 
officers  shall  be  sworn  or  affirmed  not  to  disclose  how  any  voter  shall 
have  voted,  unless  required  to  do  so  as  witnesses  in  a  judicial  pro- 
ceeding: Provided,  that  in  all  cases  of  contested  elections  the  ballots 
cast  may  be  counted,  compared  with  the  list  of  voters,  and  examined 
under  such  safeguards  and  regulations  as  may  be  prescribed  by  law. 

Sec.  4.  Voters  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  therefrom. 

Sec.  5.  The  General  Assembly  shall  provide,  by  law,  for  the  reg- 
istration of  all  voters  in  cities  and  counties  having  a  population  of 
more  than  one  hundred  thousand  inhabitants,  and  may  j)rovide  for 
such  registration  in  cities  having  a  ])opulation  exceeding  twenty-five 
thousand  inhabitants  and  not  exceeding  one  hundred  thousand,  but 
not  otherwise. 

Sec.  G.  All  elections,  by  persons  in  a  representative  capacity,  shall 
be  viva  voce. 

Sec.  7.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to  have 
gained  a  residence  l)y  reason  of  his  presence,  or  lost  it  by  reason  of 
his  absence,  Avhile  employed  in  the  service,  either  civil  or  military,  of 
this  State  or  of  the  United  States,  nor  whih'  engaged  in  the  naviga- 
tion of  the  waters  of  the  State  or  of  the  L^nited  States,  or  of  the  high 
seas,  nor  while  a  student  of  any  institution  of  learning,  nor  while 
kept  in  a  poor-house  or  other  asylum  at  ])ublir  expense,  nor  while 
confined  in  public  prison. 

Sec.  8.  No  person,  while  kept  at  any  poor-house  or  other  as\lum, 
at  public  expense,  nor  while  confined  in  any  public  prison,  shall  be 
entitled  to  vote  at  any  election  under  the  laws  of  this  State. 

Sec.  9.  The  trial  and  determination  of  contested  elections  of  all 
j)ublic  officers,  whether  State,  judicial,  municipal  or  local,  excejDt 
Governor  and  Lieutenant-Governor,  shall  be  by  the  courts  of  law,  or 
l)y  one  or  more  of  the  judges  thereof.  The  General  Assembly  shall, 
by  general  law,  designate  the  court  or  judge  by  whom  the  several 
classes  of  election  contests  shall  be  tried,  and  regulate  the  manner  of 
trial  and  all  matters  incident  thereto:  but  no  such  law,  assigning 
jurisdiction  or  regulating  its  exercise,  shall  apply  to  any  contest 
arising  out  of  anv  election  held  before  said  law  shall  take  effect. 


2254  Missouri— 1875 

Sec.  10.  The  General  Assembly  may  enact  laws  excluding  from 
the  right  of  voting  all  jjersons  convicted  of  felony  or  other  infamous 
crime,  or  misdemeanors  connected  with  the  exercise  of  the  right  of 
suffrage. 

Sec.  11.  No  officer,  soldier  or  marine,  in  the  regular  army  or  navy 
of  the  United  States,  shall  be  entitled  to  vote  at  any  election  in  this 
State. 

Sec.  12.  No  person  shall  be  elected  or  ap])ointed  to  any  office  in  this 
State,  civil  or  militar}-.  who  is  not  a  citizen  of  the  United  States, 
and  who  shall  not  have  resided  in  this  State  one  year  next  preceding 
his  election  or  appointment. 

Article  IX 

COUNTIES,    CITIES   AND    TOWNS 

Section  1.  The  several  counties  of  this  State,  as  they  now  exist,  are 
hereby  recognized  as  legal  subdivisions  of  the  State. 

Sec  2.  The  (xeneral  Assembly  shall  have  no  power  to  remove  the 
county  seat  of  any  county,  but  the  removal  of  county  seats  shall  be 
provided  for  by  general  law ;  and  no  county  seat  shall  be  removed 
unless  tAvo-thirds  of  the  qualified  voters  of  the  county,  voting  on  the 
proposition  at  a  general  election,  vote  therefor ;  and  no  such  proposi- 
tion shall  be  submitted  oftener  than  once  in  five  years.  All  additions 
to  a  town  which  is  a  county  seat  shall  be  included,  considered  and 
regarded  as  part  of  the  county  seat. 

Sec  3.  The  General  Assembly  shall  have  no  power  to  establish  any 
new  county  with  a  territory  of  less  than  four  hundred  and  ten  square 
miles,  nor  to  reduce  any  county,  now  established,  to  a  less  area  or  less 
population  than  required  for  a  ratio  of  representation  existing  at 
the  time;  but  when  a  new  county  is  formed,  having  a  population  less 
than  a  ratio  of  representation,  it  shall  be  attached  for  representative 
purposes  to  the  county  from  which  the  greatest  amount  of  territory 
is  taken  until  such  ratio  shall  be  obtained.  No  county  shall  be 
divided  or  have  any  portion  stricken  therefrom,  without  submitting 
the  question  to  a  vote  of  the  people  of  the  county,  nor  unless  a 
majority  of  all  the  qualified  voters  of  the  county  or  counties  thus 
affected,  voting  on  the  question,  shall  vote  therefor;  nor  shall  any 
new  county  be  established,  any  line  of  which  shall  run  within  ten 
miles  of  the  then  existing  county  seat  of  any  county.  In  all  cases  of 
the  establishment  of  any  new  county,  the  new  county  shall  be  held 
for  and  obliged  to  pay'  its  ratable  proportion  of  all  the  liabilities 
then  existing  of  the  county  or  counties  from  which  said  new  county 
shall  be  formed. 

Sec  4.  No  part  of  the  territory  of  any  county  shall  be  stricken  off 
and  added  to  an  adjoining  county,  without  submitting  the  question 
to  the  qualified  voters  of  the  counties  immediately  interested,  nor 
unless  a  majority  of  all  the  qualified  voters  of  the  counties  thus 
affected,  voting  on  the  question,  shall  vote  therefor.  AMien  any  part 
of  a  county  is  stricken  off  and  attached  to  another  county,  the  parl_ 
stricken  off  shall  be  holden  for  and  obliged  to  pay  its  proportion  of 
all  the  liabilities  then  existing  of  the  county  from  which  it  is  taken. 

Sec  5.  ^Alien  any  new  county,  formed  from  contiguous  territory 
taken  from  older  counties,  or  when  any  county  to  which  territory 


Missouri— 1875  2255 

shall  be  added  taken  from  an  adjoining  county,  shall  fail  to  pay  the 
proportion  of  indebtedness  of  such  territory  to  the  county  or  counties 
from  which  it  is  taken,  then  it  may  be  lawful  for  any  county  from 
which  such  territory  has  been  taken,  to  levy  and  collect,  by  taxation, 
the  clue  proportion  of  indebtedness  of  such  territory,  in  the  same 
manner  as  if  the  territory  had  not  been  stricken  off. 

Sec.  6.  No  county,  township,  city  or  other  nnmicipality  shall  here- 
after become  a  subscriber  to  the  capital  stock  of  any  railroad  or 
other  corporation  or  association,  or  make  appropriation  or  donation 
or  loan  its  credit  to  or  in  aid  of  any  such  corporation  or  association, 
or  to  or  in  aid  of  any  college  or  institution  of  learning,  or  other 
institution,  whether  created  for  or  to  be  controlled  by  the  State  or 
others.  All  authority  heretofore  conferred  for  any  of  the  purposes 
aforesaid  by  the  General  Assembly,  or  hj  the  charter  of  any  corpora- 
tion, is  hereby  repealed:  Prorided,  hoicevei%  that  nothing  in  this 
Constitution  contained  shall  affect  the  right  of  any  such  nnmicipality 
to  make  such  subscription,  Avhere  the  same  has  been  authorized  under 
existing  laws  by  a  vote  of  the  people  of  such  municipality  prior  to  its 
adoption,  or  to  prevent  the  issue  of  renewal  bonds  or  the  use  of  such 
other  means  as  are  or  may  be  prescribed  by  law,  for  the  liquidation 
or  payment  of  such  subscription,  or  of  any  existing  indebtedness, 
ness. 

Sec.  7.  The  General  Assembly  shall  provide,  by  general  laws,  for 
the  organization  and  classification  of  cities  and  towns.  The  number 
of  such  classes  shall  not  exceed  four;  and  the  power  of  each  class 
^^hall  be  defined  by  general  laws,  so  that  all  such  nuniicipal  corpora- 
tions of  the  same  class  shall  i^ossess  the  same  powers  and  l)e  subject 
to  the  same  restrictions.  The  General  Assembly  shall  also  make  pro- 
visions, by  general  law.  whereby  any  city,  town  or  village,  existing  by 
virtue  of  any  special  or  local  law,  may  elect  to  become  subject  to  and 
be  governed  by  the  general  laws  relating  to  such  corporations. 

Sec.  8.  The  General  Assembly  may  provide,  by  general  law,  for 
township  organization,  under  which  any  county  may  organize  when- 
ever a  nuijority  of  the  legal  voters  of  such  county,  voting  at  any  gen- 
eral election,  shall  so  determine:  and  whenever  any  county  shall  adopt 
township  organization,  so  much  of  this  Constitution  as  provides  for 
the  management  of  county  affairs,  and  the  assessment  and  collection 
of  the  revenue  by  county  officers,  in  confiict  with  such  general  law  for 
toAvnship  organizatioii,  may  be  dispensed  with,  and  the  business  of 
said  county,  and  the  local  concerns  of  the  several  townships  therein, 
may  be  transacted  in  such  manner  as  may  be  prescribed  by  law:  Pro- 
I'ided,  that  the  justices  of  the  county  court  in  such  case  shall  not 
exceed  three  in  number. 

Sec.  9.  In  any  county  Avhich  shall  have  adopted  township  organi- 
zation, the  question  of  continuing  the  same  may  be  submitted  to  a 
vote  of  the  electors  of  such  county  at  a  general  election,  in  the  man- 
ner that  shall  be  provided  by  law ;  and  if  a  majority  of  all  the  votes 
cast  upon  that  question  shall  be  against  townshij)  organization,  it 
shall  cease  in  saicl  county,  and  all  laws  in  force  in  relation  to  counties 
not  having  township  organization  shall  immediately  take  effect  and 
lie  in  force  in  such  county. 

Sec.  10.  There  shall  be  elected  by  the  qualified  voters  in  each 
county,  at  the  time  and  places  of  electing  representatives,  a  sheriff  and 
coroner.     Thev  shall  serve  for  two  vears.  and  until  their  successors  be 


2256  •       Missouri— 1875 

duly  elected  and  qualified,  unless  sooner  removed  for  malfeasance  in 
office,  and  shall  be  eligible  only  four  years  in  any  period  of  six.  Be- 
fore entering:  on  the  duties  of  their  office,  they  shall  give  security  in 
the  amount  and  in  such  manner  as  shall  be  prescribed  by  law.  When- 
ever a  county  shall  be  hereafter  established,  the  Governor  shall 
appoint  a  sheriff  and  a  coroner  therein,  who  shall  continue  in  office 
until  the  next  succeeding  general  election,  and  until  their  successors 
shall  be  duly  elected  ancl  qualified. 

Sec.  11.  Whenever  a  vacancy  shall  happen  in  the  office  of  sheriff  or 
coroner,  the  same  shall  be  filled  by  the  county  court.  If  such  vacancy 
happen  in  the  office  of  sheriff  more  than  nine  months  prior  to  the  time 
of  holding  a  general  election,  such  county  court  shall  immediately 
order  a  special  election  to  fill  the  same,  and  the  person  by  it  appointed 
shall  hold  office  until  the  person  chosen  at  such  election  shall  be  duly 
qualified ;  otherwise,  the  person  appointed  by  such  county  court  shall 
hold  office  until  the  person  chosen  at  such  general  election  shall  be 
chdy  qualified.  If  any  vacancy  happen  in  the  office  of  coroner,  the 
same  shall  be  filled  for  the  remainder  of  the  term  by  such  county 
court.  No  person  elected  or  appointed  to  fill  a  vacancy  in  either  of 
said  offices  shall  thereby  be  rendered  ineligible  for  the  next  succeeding 
term. 

Sec.  12.  The  General  Assembly  shall,  by  a  law  uniform  in  its 
operation,  provide  for  and  regulate  the  fees  of  all  county  officers,  and 
for  this  purpose  may  classify  the  counties  by  population. 

Sec.  13.  The  fees  of  no  executive  or  ministerial  officer  of  any  county 
or  municipality,  exclusive  of  the  salaries  actually  paid  to  his  necessary 
deputies,  shall  exceed  the  sum  of  ten  thousand  dollars  for  any  one 
year.  Ea^^-v  such  officer  shall  make  return,  quarterly,  to  the  county 
court  of  all  fees  l)y  him  received,  and  of  the  salaries  by  him,  actually 
paid  to  his  deputies  or  assistants,  stating  the  same  in  detail  and  veri- 
fying the  same  by  his  affidavit ;  and  for  any  statement  or  omission  in 
such  return,  contrary  to  truth,  such  officer  shall  be  liable  to  the  penal- 
ties of  willful  and  corrupt  perjury. 

Sec.  14.  Except  as  otherwise  directed  by  this  Constitution,  the 
General  Assembly  shall  provide  for  the  election  or  appointment  of 
such  other  county,  townshi])  and  municipal  officers  as  public  con- 
A^enience  may  require;  and  their  terms  of  office  and  duties  shall  be 
prescribed  by  laAv ;  but  no  term  of  office  shall  exceed  four  years. 

Sec.  15.  In  all  counties  having  a  city  therein  containing  over  one 
hundred  thousand  inhabitants,  the  city  and  county  government  thereof 
may  be  consolidated  in  such  manner  as  may  be  provided  by  laAv. 

Sec.  16.  Any  city  having  a  population  of  more  than  one  hundred 
thousand  inhabitants  may  frame  a  charter  for  its  own  government, 
consistent  Avith  and  subject  to  the  Constitution  and  laAvs  of  this  State, 
by  causing  a  board  of  thirteen  freeholders,  Avho  shall  haA^e  been  for  at 
least  fiA^e  years  qualified  Aoters  thereof,  to  be  elected  by  the  qualified 
A^oters  of  such  city  at  any  general  or  special  election;  Avhich  board 
shall,  within  ninety  days  after  such  election,  return  to  the  chief  magis- 
trate of  such  citA"  a  draft  of  such  charter,  signed  by  the  members  of 
such  board,  or  a  majority  of  them.  Within  thirty  days  thereafter, 
such  proposed  charter  shall  be  submitted  to  the  qualified  voters  of 
such  city  at  a  general  or  special  election,  and  if  four-scA^enths  of  such 
({ualified  voters  Acting  thereat  shall  ratify  the  same,  it  shall,  at  the 


Missouri — 187S  2257 

end  of  thirty  days  thereafter,  become  the  charter  of  such  city,  and 
supersede  any  existing  charter  and  amendments  thereof.  A  duplicate 
certificate  shall  be  made,  setting  forth  the  charter  proposed  and  its 
ratification,  which  shall  be  signed  by  the  chief  magistrate  of  such  city 
and  authenticated  by  its  corporate  seal.  One  of  such  certificates  shall 
be  deposited  in  the  office  of  the  Secretary  of  State,  and  the  other,  after 
being  recorded  in  the  office  of  the  recorder  of  deeds  for  the  county  in 
Avhich  such  cit}'  lies,  shall  be  deposited  among  the  archives  of  such 
city,  and  all  courts  shall  take  judicial  notice  thereof.  Such  charter, 
so  adopted,  ma,v  be  amended  by  a  proposal  therefor,  made  by  the  law- 
making authorities  of  such  city,  published  for  at  least  thirty  days  in 
three  newspapers  of  largest  circulation  in  such  city,  one  of  which 
shall  be  a  newspaper  printed  in  the  German  language,  and  accepted 
by  three-fifths  of  the  qiudified  voters  of  such  city,  voting  at  a  general 
or  special  election,  and  not  otherwise;  but  such  charter  shall  always 
be  in  harmony  with  and  subject  to  the  Constitution  and  laws  of  the 
State. 

Sec.  17.  It  shall  be  a  feature  of  all  such  charters  that  they  shall 
provide,  among  other  things,  for  a  mayor  or  chief  magistrate  and  two 
houses  of  legislation,  one  of  Avhich  at  least  shall  be  elected  by  general 
ticket;  and  in  submitting  any  such  charter  or  amendment  thereto  to 
the  qualified  voters  of  such  city,  any  alternative  section  or  article  may 
be  presented  for  the  choice  of  the  voters,  and  may  be  voted  on  sepa- 
rately, and  accepted  or  rejected  separately,  without  prejudice  to  other 
articles  or  sections  of  the  charter  or  any  amendment  thereto. 

Sec.  18.  In  cities  or  counties  having  more  than  two  hundred  thou- 
sand inhabitants,  no  person  shall,  at  the  same  time,  be  a  State  officer 
and  an  officer  of  any  county,  city  or  other  nHUiicipality ;  and  no  ])er- 
son  shall,  at  the  same  time,  fill  tAvo  municipal  offices,  either  in  the 
same  or  difierent  nnniiciiialities;  but  this  section  shall  not  apply  to 
notaries  public,  justices  of  the  peace  or  officers  of  the  militia. 

Sec.  19.  The  corporate  authorities  of  any  county,  city  or  other 
nnmicipal  subdivision  of  this  State  having  more  than  two  hundred 
thousand  inhabitants,  which  has  already  exceeded  the  limit  of  in- 
debtedness prescribed  in  section  twelve  of  article  X  of  this  Consti- 
tution, may,  in  anticipation  of  the  customary  annual  revenue  thereof, 
aj)propriate  during  any  fiscal  year,  toward  the  general  governmental 
expenses  thereof,  a  sum  not  exceeding  seven-eighths  of  the  entire 
revenue  ai)plicable  to  general  governmental  pur])oses  (exclusive  of 
the  payment  of  the  bonded  debt  of  such  county,  city  or  nnniicipality) 
that  was  actually  raised  by  taxation  alone  durnig  the  i)receding 
fiscal  yi'ar;  but  until  such  excess  of  indebtedness  cease,  no  further 
bonded  debt  shall  be  incurred,  except  for  the  renewal  of  other  bonds. 

ST.  T-OIIS 

Stx".  20.  The  city  of  St.  Louis  may  extend  its  limits  so  as  to  em- 
brace the  parks  now  witlK)ut  its  boundaries,  and  other  convenient  and 
contiguous  territory,  and  fi'ame  a  charter  for  the  government  of  the 
city  thus  enlarged,  upon  the  following  conditions,  that  is  to  say: 
The  council  of  the  city  and  county  court  of  the  county  of  St.  l^ouis. 
shall,  at  the  request  of  the  mayor  of  the  city  of  St.  Louis, 
meet  in  joint  session  and  order  an  election,  to  be  held  as  jirovided  for 
7253— VOL  M— 07 2S 


2258  Missouri— 1875 

general  elections  by  the  qualified  voters  of  the  city  and  countj^  of  a 
board  of  thirteen  free-holders  .of  such  oMj  or  county,  whose  duty 
shall  be  to  propose  a  scheme  for  the  enlargement  and  definition  of 
the  boundaries  of  the  city,  the  reorganization  of  the  government  of 
the  county,  the  adjustment  of  the  relations  between  the  city  thus  en- 
larged and  the  residue  of  St.  Louis  county,  and  the  government  of 
the  city  thus  enlarged,  by  a  charter  in  harmony  with  and  subject  to 
the  Constitution  and  laws  of  Missouri,  which  shall,  among  other 
things,  provide  for  a  chief  executive  and  two  houses  of  legislation,  one 
of  which  shall  be  elected  by  general  ticket ;  which  scheme  and  charter 
shall  be  signed  in  duplicate  by  said  board,  or  a  majority  of  them,  and 
one  of  them  returned  to  the  mayor  of  the  city  and  the  other  to  the 
presiding  justice  of  the  county  court  within  ninety  days  after  tlie 
election  of  such  board.  "Within  thirty  days  thereafter  the  city 
council  and  county  court  shall  submit  such  scheme  to  the  qualified 
voters  of  the  whole  county,  and  such  charter  to  the  qualified  voters 
of  the  city  so  enlarged,  at  an  election  to  be  held  not  less  than  twenty 
nor  more  than  thirty  days  after  the  order  therefor;  and  if  a  majority 
of  such  qualified  voters,  voting  at  such  election,  shall  ratify  such 
scheme  and  charter,  then  such  scheme  shall  become  the  organic  law  of 
the  county  and  city,  and  such  charter  the  organic  law  of  the  city,  and 
at  the  end  of  sixty  days  thereafter  shall  take  the  place  of  and  super- 
sede the  charter  of  St.  Louis,  and  all  amendments  thereof,  and  all 
special  laws  relating  to  St.  Louis  county  inconsistent  with  such 
scheme. 

Sec.  21.  A  copy  of  such  scheme  and  charter,  with  a  certificate 
thereto  appended,  signed  by  the  mayor  and  authenticated  by  the  seal 
of  the  city,  and  also  signed  hj  the  presiding  justice  of  the  county 
court  and  authenticated  by  the  seal  of  the  county,  setting  forth 
the  submission  of  such  scheme  and  charter  to  the  qualified  voters  of 
such  county  and  city,  and  its  ratification  by  them,  shall  be  made  m 
duplicate,  one  of  which  shall  be  deposited  in  the  office  of  the  Secre- 
tary of  State,  and  the  other,  after  being  recorded  in  the  office  of  the 
recorder  of  deeds  of  St.  Louis  county,  shall  be  deposited  among  the 
archives  of  the  city,  and  thereafter  all  courts  shall  take  judicial 
notice  thereof. 

Sec.  22.  The  charter  so  ratified  may  be  amended,  at  intervals  of 
not  less  than  two  years,  by  proposals  therefor,  submitted  by  the  law- 
making authorities  of  the  city  to  the  qualified  voters  thereof  at  a  gen- 
eral or  special  election,  held  at  least  sixty  days  after  the  publication 
of  such  proposals,  and  accepted  by  at  least  three-fifths  of  the  qualified 
voters  voting  thereat. 

Sec.  23.  Such  charter  and  amendments  shall  always  be  in  harmony 
with  and  subject  to  the  Constitution  and  laws  of  Missouri,  except  only 
that  provision  may  be  made  for  the  graduation  of  the  rate  of  taxation 
for  city  purposes  in  the  portions  of  the  city  which  are  added  thereto 
by  the  proposed  enlargement  of  its  boundaries.  In  the  adjustment  of 
the  relations  between  city  and  county,  the  city  shall  take  u]:)on 
itself  the  entire  park  tax;  and  in  consideration  of  the  city  becoming 
the  proprietor  of  all  the  comity  buildings  and  property  within  its  en- 
larged limits,  it  shall  assume  the  whole  of  the  existing  county  debt, 
and  thereafter  the  city  and  county  of  St.  Louis  shall  be  independent 
of  each  other.     The  city  shall  be  exempted  from  all  county  taxation. 


Missouri— 1S76  2259 

The  jiiclges  of  the  county  court  shall  be  elected  by  the  qualified  voters 
outside  of  the  city.  The  city,  as  enlarged,  shall  be  entitled  to  the 
same  representation  in  the  General  Assembly,  collect  the  State  reve- 
nue and  perform  all  other  functions  in  relation  to  the  State  in  the 
same  manner  as  if  it  were  a  county  as  in  this  Constitution  defined; 
and  the  residue  of  the  county  shall  remain  a  legal  county  of  the  State 
of  Missouri,  under  the  name  of  the  county  of  St.  Louis.  Until  the 
next  a]i])ortionment  for  Senators  and  Representatives  in  the  (jeneral 
Assembly,  the  city  shall  have  six  Senators  and  fifteen  Kepresentatives, 
and  the  county  one  Senator  and  two  Representatives,  the  same  l)eing 
the  number  of  Senators  and  Representatives  to  which  the  county  of 
St.  Louis,  as  now  organized,  is  entitled  under  sections  eight  and  eleven 
of  article  IV  of  this  Constitution. 

Sec.  24.  The  county  and  city  of  St.  Louis,  as  now  existing,  shall 
continue  to  constitute  the  Eighth  judicial  circuit,  and  the  jurisdiction 
of  all  courts  of  record,  except  the  county  court,  shall  continue  until 
otherwise  provided  by  law. 

Sec  25.  Notwithstanding  the  provisions  of  this  article,  the  General 
Assembly  shall  have  the  same  power  over  the  city  and  county  of  St. 
Louis  that  it  has  over  other  cities  and  counties  of  this  State. 

Article  X 

REVENUE    AXI)    TAXATION 

Section  1.  The  taxing  power  may  be  exercised  by  the  (xeneral  As- 
s(.Mnl)ly  for  State  purposes,  and  by  counties  and  other  munici[)al  cor- 
])orations.  under  authority  granted  to  them  by  the  General  Assembly, 
for  county  and  other  corporate  purposes. 

Sec.  2.  The  power  to  tax  cor])()rations  and  corporate  proi)erty  shall 
not  be  surrendered  or  suspended  by  act  of  the  General  Assembly. 

Sec,  3.  Taxes  may  be  levied  and  collected  for  public  purposes  only. 
They  shall  be  imiform  upon  the  same  class  of  sul)jects  within  the 
territorial  limits  of  the  authority  levying  the  tax,  and  all  taxes  shall 
])e  levied  and  collected  by  general  laws. 

Sec.  4.  All  property  subject  to  taxation  shall  be  taxed  in  ]n-oportion 
to  its  value. 

Sec.  5.  All  railroad  corj)orations  in  this  State,  or  doing  business 
therein,  shall  be  subject  to  taxation  for  State,  county,  school,  munici- 
pal and  other  purposes,  on  the  real  and  personal  property  owned  or 
used  by  them,  and  on  their  gross  earnings,  their  net  earnings,  their 
franchises  and  their  capital  stock. 

Sec.  C).  The  jjroperty,  real  and  personal,  of  the  State,  counties  and 
other  UHinicipal  ('orj)orations  and  cemeteries  shall  be  exempt  from 
taxation.  Lots  in.  incorjiorated  cities  or  towns,  or  within  one  mile  of 
the  limits  of  any  such  city  or  town,  to  the  extent  of  one  acre,  and 
lots  one  mile  or  moi"e  distant  from  such  cities  or  towns,  to  the  extent 
of  five  acres,  with  the  buildings  thereon,  may  be  exempted  from  taxa- 
tion, when  the  same  are  used  exclusively  for  religious  worship,  for 
schools,  or  for  purposes  purely  charitable;  also  such  property,  real 
or  personal,  as  may  be  used  exclusively  for  agricultural  or  horticul- 
tural societies:  Provided,  that  such  exemptions  shall  be  only  by  gen- 
eral law. 


2260  Missouri— 1875 

Sec.  7.  All  laws  exempting  propert}^  from  taxation,  other  than  the 
property  above  enimieratecl,  shall  be  void. 

Sec.  8.  The  State  tax  on  property,  exclusive  of  the  tax  necessary  to 
pay  the  bonded  debt  of  the  State,  shall  not  exceed  twenty  cents  on 
the  hundred  dollars  valuation;  and  whenever  the  taxable  property  of 
the  State  shall  amount  to  nine  hundred  million  dollars,  tlie  rate  shall 
not  exceed  fifteen  cents. 

Sec.  9.  Xo  county,  city,  town  or  other  municipal  corporation,  nor 
The  inhabitants  thereof,  nor  the  property  therein,  shall  be  released  or 
discharged  from  their  or  its  proportionate  share  of  taxes  to  be  levied 
for  State  purposes,  nor  shall  commutation  for  such  taxes  be  author- 
ized in  au}^  form  whatsoever. 

Sec.  10.  The  General  Assembh'  shall  not  impose  taxes  upon  coun- 
ties, cities,  towns  or  other  municipal  corporations,  or  upon  the  inhab- 
itants or  property  thereof,  for  county,  city,  town  or  other  municipal 
purposes;  but  may,  by  general  laws,  vest  in  the  corporate  authorities 
thereof  the  power  to  assess  and  collect  taxes  for  such  purposes. 

Sec.  11.  Taxes  for  county,  city,  town  and  school  purposes  may  b;' 
levied  on  all  subjects  and  objects  of  taxation;  but  the  valuation  of 
property  therefor  shall  not  exceed  the  valuation  of  the  same  property 
in  such  town,  city  or  school  district  for  State  and  county  purposes. 
For  county  purposes  the  annual  rate  cm  property,  in  counties  having 
six  million  dollars  or  less,  shall  not,  in  the  aggregate,  exceed  fifty 
cents  on  the  hundred  dollars  valuation;  in  counties  having  six  mil- 
lion dollars  and  under  ten  million  dollars,  said  rate  shall  not  exceed 
forty  cents  on  the  hundred  dollars  valuation;  in  counties  having  ten 
million  dollars  and  under  thirty  million  dollars,  said  rate  shall  not 
exceed  fifty  cents  on  the  hundred  dollars  valuation;  and  in  counties 
having  thirty  million  dollars  or  more,  said  rate  shall  not  exceed 
thirty-five  cents  on  the  hundred  dollars  valuation.  For  city  and 
town  purj^oses,  the  annual  rate  on  property  in  cities  and  towns  having 
thirty  thousand  inhabitants  or  more  shall  not.  in  the  aggregate,  ex- 
ceed one  hundred  cents  on  the  hundred  dollars  valuation ;  in  cities 
and  towns  having  less  than  thirt}'  thousand  and  over  ten  thousand 
inhabitants,  said  rate  shall  not  exceed  sixty  cents  on  the  hundred 
dollars  valuation ;  in  cities  and  toAvns  having  less  than  ten  thousand 
and  more  than  one  thousand  inhabitants,  said  rate  shall  not  exceed 
fifty  cents  on  the  hundred  dollars  valuation :  and  in  towns  having  one 
thousand  inhabitants  or  less,  said  rate  shall  not  exceed  twenty-five 
cents  on  the  hundred  dollars  valuation.  For  school  purposes  in  dis- 
tricts, the  annual  rate  on  projierty  shall  not  exceed  forty  cents  on  the 
liundred  dollars  valuation:  Pi'or/defl,  the  aforesaid  annual  rates  for 
school  purposes  may  be  increased,  in  districts  formed  of  cities  and 
towns,  to  an  amount  not  to  exceed  one  dollar  on  the  hundred  dollars 
A'aluation.  and  in  other  districts  to  an  amount  not  to  exceed  sixty-five 
cents  on  the  hundred  dollars  valuation,  on  the  condition  that  a  major- 
ity of  the  voters  who  are  tax-payers,  voting  at  an  election  held  to 
decide  the  question,  vote  for  said  increase.  For  the  purpose  of  erect- 
ing public  buildings  in  counties,  cities  or  school  districts,  the  rates  of 
taxation  herein  limited  may  be  increased  Avhen  the  rate  of  such  in- 
crease and  the  purpose  for  which  it  is  intended  shall  have  been  sub- 
mitted to  a  vote  of  the  people,  and  two-thirds  of  the  qualified  voters 
of  such  county,  city  or  school  district,  voting  at  such  election,  shall 


Missouri— 1875  2261 

vole  therefor.  The  rate  lierein  allowed  to  each  count}'  sliall  he  ascei-- 
tainecl  hy  the  amount  of  taxable  property  therein,  according-  to  th«* 
last  assessment  for  State  and  count}'  jjurposes,  and  the  rate  allowed 
to  each  city  or  town  h}'  the  number  of  inhabitants,  according'  to  the 
last  census  taken  undei-  the  authority  of  the  State,  or  of  the  United 
States;  said  restrictions,  as  to  rates,  shall  apply  to  taxes  of  every  kind 
and  descrii)tion,  Avhether  g-eneral  or  special,  exce])t  taxes  to  pay  valid 
indebtedness  now  existing  or  bonds  which  may  be  issued  in  renewal 
of  such  indebtedness. 

Sec.  12.  No  county,  city,  town,  township,  school  district  or  other 
political  corporation  or  subdivision  of  the  State  shall  be  allowed  to 
l)econie  indebted  in  any  mann(H'  or  for  any  piirjxjse  to  an  amount 
exceeding  in  any  year  the  income  and  revenue  provided  for  such  year, 
without  the  assent  of  two-thirds  of  tiie  voters  thci-eof  voting  at  an 
election  to  l)e  held  for  that  purpc^se;  nor  in  cases  re(|uii'ing  such  assent 
shall  any  indel)tedness  be  allowed  to  be  incurred  to  an  amount,  in- 
cluding existing  indebtedness,  in  the  aggregate  exceeding  five  per 
centum  on  the  value  of  the  taxable  property  therein,  to  be  ascertained 
by  the  assessment  next  before  the  last  assessment  for  State  and  county 
purposes,  jirevious  to  the  incurring  of  such  indebtedness:  ProH(le<L 
that  witJ]  such  assent  any  county  may  be  allowed  to  l)ecome  indebted 
(o  a  larger  amount  for  the  erection  of  a  coui't -house  or  jail;  (iii<]  pro- 
f'ldctl  finiJier,  that  any  county,  city.  toAvn,  township,  school  district, 
or  other  political  cori)oration  or  sul)division  of  the  State,  incurring 
any  indebtedness  requiring  the  assent  of  the  voters  as  aforesaid, 
shall.  l)efore  or  at  the  time  of  doing  so,  provide  for  the  collection 
of  an  annual  tax  sufficient  to  pay  the  interest  on  such  indebtedness 
as  it  falls  due.  and  also  to  constitute  a  sinking  fund  for  payment  of 
the  principal  thereof  within  twenty  years  from  the  time  of  contract- 
ing the  same. 

Sec.  l?y.  Private  property  shall  not  l)e  taken  or  sold  for  the  pay- 
ment of  the  cor]:)orate  debt  of  a  municii)al  cor})orati()n. 

Sec.  14.  The  tax  authorized  by  the  sixth  section  of  the  ordinance 
adopted  June  sixth,  one  thousand  eight  hundred  and  sixty-five,  is 
hereby  al)olished,  and  hereafter  there  shall  be  levied  and  collected  an 
annual  tax  sufficient  to  pay  the  accruing  interest  upon  the  bonded 
debt  of  the  State,  and  to  reduce  the  principal  thereof  each  year  by  a 
sum  not  less  than  two  hundred  and  fifty  thousand  dollars:  the  pro- 
ceeds of  which  tax  shall  be  paid  into  the  State  treasury,  and  appro- 
priated and  j)aid  out  for  the  j)nr]>oses  expressed  in  the  first  and  second 
subdivisions  of  section  forty-three  of  ai-ticle  W  of  this  Constitution. 
The  funds  and  resources  now  in  the  State  Interest  and  State  Sinking 
funds  shall  be  appropriated  to  the  same  purjioses;  and  whenever 
said  bonded  debt  is  extinguished,  or  a  sum  sufficient  therefor  has  been 
raised,  the  tax  provided  for  in  this  section  shall  cease  to  be  assessed. 

Sec.  15.  All  moneys  now  or  at  any  time  hereafter  in  the  State  treas- 
ury belonging  to  the  State  shall,  immediately  on  receipt  thereof,  be 
deposited  l)y  the  Treasurer  to  the  credit  of  the  State  for  the  benefit 
of  the  funds  to  which  they  res])ectively  belong,  in  such  bank  or  banks 
as  he  may.  from  time  to  time,  with  the  approval  of  the  Governor  and 
Attorney-(Tenei'al,  select — the  said  baidv  or  banks  giving  security, 
satisfactory  to  the  (iovernor  and  .Vttorney-Oeneral,  for  the  safe-lceep- 
iug  and  payment  of  such  deposit,  when  demanded  by  the  State  Treas- 


22()2  Missouri~lS75 

iirer  on  his  check — such  bank  to  pay  a  bonus  for  the  use  of  such  de- 
posits not  less  than  the  bonus  paid  by  other  banks  for  similar  deposits; 
and  the  same,  together  with  such  interest  and  profits  as  may  accrue 
thereon,  shall  be  disbursed  by  said  Treasurer  for  tlie  purposes  of  tlio 
kState,  according  to  law.  upon  warrants  drawn  by  the  State  Auditor, 
and  not  otherwise. 

Sec.  1().  Tlie  Treasurer  shall  keep  a  separate  account  of  the  funds, 
and  the  number  and  amount  of  warrants  received,  and  from  whom; 
and  shall  publish,  in  such  manner  as  the  (lovernor  may  designate, 
quarterly  statements,  showing  the  amouut  of  State  moneys  and  where 
the  same  are  kept  or  deposited. 

Sec.  17.  The  making  of  profit  out  of  State,  county,  city,  town  or 
school  district  money,  or  using  the  same  for  any  purpose  not  autlioi'- 
ized  by  law,  by  any  public  officer,  shall  be  deemed  a  felony,  and  shall 
be  punished  as  provided  by  law. 

Sec.  18.  There  shall  be  a  State  Board  of  Equalization,  consisting 
of  the  (iovernor.  State  Auditor,  State  Treasurer.  Secretary  of  Stat(> 
and  Attorney-Creneral.  The  duty  of  said  Board  shall  be  to  adjust 
and  equalize  the  valuation  of  real  and  personal  property  among  the 
several  counties  in  the  State,  and  it  shall  ])erform  such  other  duties 
as  are  or  may  be  prescribed  b}?^  law. 

Sec.  19.  No  moneys  shall  ever  be  paid  out  of  the  treasury  of  this 
State,  or  any  of  the  funds  under  its  management,  except  in  pursuance 
of  an  appropriation  by  law.  nor  uidess  such  payment  be  made,  or  a 
warrant  shall  have  issued  therefor,  within  two  years  after  the  passage 
of  such  appropriation  act ;  and  every  such  law.  making  a  new  appro- 
priation, or  continuing  or  reviving-an  appropriation,  shall  distinctly 
specify  the  sum  appropriated,  and  the  object  to  which  it  is  to  be  ap- 
plied ;  and  it  shall  not  be  sufficient  to  refer  to  any  other  law  to  fix 
such  sum  or  object.  A  regular  statement  and  account  of  the  receipts 
and  expenditures  of  all  public  money  shall  be  pul)lished  from  time  to 
time. 

Sec.  20.  The  moneys  arising  from  any  loan,  debt  or  liability  con- 
tracted by  the  State,  or  any  county,  city,  town  or  other  numicipal 
corporation,  shall  be  applied  to  the  purposes  for  which  they  were 
obtained,  or  to  the  repayment  of  such  debt  or  liability,  and  not  other- 
wise. 

Sec.  21.  Xo  corporation,  company  or  association,  other  than  those 
formed  for  benevolent,  religious,  scientific  or  educational  purposes, 
shall  be  created  or  organized  under  the  laws  of  this  State,  unless  the 
persons  named  as  corporators  shall,  at  or  before  the  filing  of  the 
articles  of  association  or  incorporation,  pay  into  the  State  treasury 
fifty  dollars  for  the  first  fifty  thousand  dollars  or  less  of  capital 
stock,  and  a  further  sum  of  five  dollars  for  every  additional  ten  thou- 
sand dollars  of  its  capital  stock.  And  no  such  corporation,  company 
or  association  shall  increase  its  capital  stock  without  first  paying  into 
the  treasury  five  dollars  for  every  ten  thousand  dollars  of  increase : 
Proride(U  that  nothing  contained  in  this  section  shall  be  construed 
to  prohibit  the  General  Assembly  from  levying  a  further  tax  on  the 
franchises  of  such  corporation. 


Mis8ouri--1875  2263 

Article  XT 

EDUCATION 

Section  1.  A  general  diffusion  of  knowledge  and  intelligence  being 
essential  to  the  preservation  of  the  rights  and  liberties  of  the  people, 
the  (xeneral  Assenil)ly  shall  establish  and  maintain  free  public  schools 
for  the  gratuitous  instruction  of  all  persons  in  this  State  between  the 
ages  of  six  and  twenty  years. 

Sec.  2.  The  income  of  all  the  funds  provided  by  the  State  for  the 
support  of  free  public  schools  shall  be  paid  annually  to  the  several 
county  treasurers,  to  be  disbursed  according  to  law  ;  but  no  school  dis- 
trict in  which  a  free  public  school  has  not  been  maintained  at  least 
three  months  during  the  year  for  which  the  distribution  is  made,  shall 
be  entitled  to  receive  any  portion  of  such  funds. 

Sec.  3.  Separate  free  public  schools  shall  be  established  for  the 
education  of  children  of  African  descent. 

Sec.  4.  The  supervision  of  instruction  in  the  public  schools  shall 
be  vested  in  a  '•  Board  of  Education,"''  whose  powers  and  duties  shall 
be  prescribed  by  law.  The  Superintendent  of  Public  Schools  shall  be 
president  of  the  board.  The  Governor,  Secretary  of  State  and 
Attorney-General  shall  be  ex  officw  members,  and,  with  the  Superin- 
tendent, compose  said  Board  of  Education. 

Sec.  5.  The  General  Assembly  shall,  whenever  the  Public  School 
fund  will  permit,  and  the  actual  necessity  of  the  same  may  require, 
aid  and  maintain  the  State  University,  now  established,  with  its 
present  departments.  The  government  of  the  State  University  shall 
be  vested  in  a  Board  of  Curators,  to  consist  of  nine  members,  to  be 
appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate. 

Sec.  C).  The  proceeds  of  all  lands  that  have  been  or  hereafter  may 
be  granted  l)y  the  United  States  to  this  State,  and  not  otherwise  ap- 
propriated by  this  State  or  the  United  States;  also,  all  monej's,  stocks, 
bonds,  lands  and  other  property  now  belonging  to  any  State  fund  for 
purposes  of  education ;  also,  the  net  proceeds  of  all  sales  of  lands  and 
other  property  and  effects  that  may  accrue  to  the  State  by  escheat, 
from  unclaimed  dividends  and  distributive  shares  of  the  estates  of 
deceased  i:)ersons;  also,  any  proceeds  of  the  sales  of  the  public  lands 
which  may  have  been  or  hereafter  may  be  paid  over  to  this  State  (if 
Congress  will  consent  to  such  appropriation)  :  also,  all  other  grants, 
gifts  or  devises  that  have  been  or  hereafter  may  be  made  to  this  State, 
and  not  otherwise  apj)ropriated  by  the  State  or  the  terms  of  the  grant, 
gift  or  devise,  shall  be  paid  into  the  State  treasury,  and  securely  in- 
vested and  sacredly  preserved  as  a  Public  School  fund;  the  annual 
income  of  which  fund,  together  with  so  much  of  the  ordinary  revenue 
of  the  State  as  may  be  by  law  set  apart  for  that  purpose,  shall  be 
faithfully  apj^ropriated  for  establishing  and  maintaining  the  free 
public  schools  and  the  State  ITniversity  in  this  article  provided  for, 
and  for  no  other  uses  or  purposes  whatsoever. 

Sec.  7.  Tn  case  the  Public  School  fund  now  provided  and  set  apart 
by  law  for  the  support  of  free  public  schools  shall  be  insufficient  to 
sustain  a  free  school  at  least  four  months  in  every  year  in  each  school 


2264  Missouri— iS75 

district  in  this  State,  the  General  Assembly  may  provide  for  snch 
deficiency  in  accordance  Avith  section  eleven  of  the  article  on  revenue 
and  taxation;  but  in  no  case  shall  there  be  set  apart  less  than  twenty- 
five  per  cent  of  the  State  revenue,  exclusive  of  the  Interest  and  Sink- 
ing fund,  to  be  applied  annualh^  to  the  support  of  the  public  schools. 

Sec.  8.  All  moneys,  stocks,  bonds,  lands  and  other  property  belong- 
ing to  a  county  school  fund;  also,  the  net  proceeds  from  the  sale  of 
estrays;  also,  the  clear  proceeds  of  all  penalties  and  forfeitures,  and 
of  all  fines  collected  in  the  several  counties  for  any  breach  of  the 
penal  or  militar}'^  laws  of  the  State,  and  all  monej'^s  which  shall  be 
paid  by  persons  as  an  equivalent  for  exemption  from  military  dnty, 
shall  belong  to  and  be  securely  invested  and  sacredly  preserved  in  the 
several  counties,  as  a  county  public  school  fund;  the  income  of  which 
fnnd  shall  be  faithfully  a])propriated  for  establishing  and  maintain- 
ing free  public  schools  in  the  several  counties  of  this  State. 

Sec.  9.  No  part  of  the  Pul)lic  School  fund  of  the  State  shall  ever 
be  invested  in  the  stock  or  bonds  or  other  obligations  of  any  otlier 
State,  or  of  any  comity,  city,  toAvn  or  corporation ;  and  the  proceeds 
of  the  sales  of  any  lands  or  other  property  which  now  belong,  or 
may  hereafter  belong,  to  said  school  fnnd,  shall  be  inA'ested  in  tlie 
boiids  of  the  State  of  Missonri,  or  of  the  United  States. 

Sec.  10.  All  connty  school  funds  shall  be  loaned  only  upon  unen- 
cumbered real  estate  security,  of  double  the  value  of  the  loan,  with 
personal  security  in  addition  thereto. 

Sec.  11.  Neither  the  General  Assembly,  nor  any  county,  city,  town, 
township,  school  district  or  other  municipal  corporation,  shall  CA'er 
make  an  appropriation  or  pay  from  any  public  fund  whatever  any- 
thing in  aid  of  any  religious  creed,  church  or  sectarian  purpose ;  or 
to  help  to  support  or  sustain  any  private  or  public  school,  academy, 
seminary,  college,  university  or  other  institution  of  learning,  con- 
trolled by  any  religious  creed,  church  or  sectarian  denomination 
whatever;  nor  shall  any  grant  or  donation  of  personal  property  or 
real  estate  ever  be  made  by  the  State,  or  any  county,  city,  town  or 
other  municipal  corporation,  for  any  religious  creed,  church  or  sec- 
tarian purpose  whatever. 

Article  XII 

CORPORATIONS  S 

Section  1.  All  existing  charters,  or  gi-ants  of  special  or  exclusive 
privileges,  under  which  a  hona  -fide  organization  shall  not  have  taken 
place,  and  business  been  commenced  in  good  faith,  at  the  adoption  of 
this  Constitution,  shall  thereafter  have  no  validity. 

Sec.  2.  No  corporation,  after  the  adoption  of  this  Constitution, 
shall  be  created  by  special  laws;  nor  shall  any  existing  charter  be 
extended,  changed  or  amended  by  special  laws,  except  those  for 
charitable,  penal  or  reformatory  purposes,  which  are  under  the 
patronage  and  control  of  the  State. 

Sec.  3^  The  General  Assembly  shall  not  remit  the  forfeiture  of  the 
charter  of  any  corporation  now  existing,  or  alter  or  amend  such  for- 
feited charter,  or  pass  any  other  general  or  siDecial  laws  for  the 
benefit  of  such  corporations. 


Missoyri—1S75  2205 

Sec.  4.  The*exercise  of  tlio  power  nnd  rioht  of  cminont  domain 
shall  never  be  so  construed  or  aUridged  as  to  i)revent  the  takino-.  by 
the  (reneral  Assembly,  of  the  property  and  franchises  of  incoi-porated 
companies  already  organized,  or  that  may  be  hereafter  organized,  and 
snl)jecting  them  to  the  public  use,  the  same  as  that  of  individuals. 
The  right  of  trial  by  jury  shall  be  held  inviolate  in  all  trials  of  claims 
for  compensation,  when  in  the  exercise  of  said  right  of  eminent 
domain,  any  incorporated  company  shall  be  interested  either  for  or 
against  the  exercise  of  said  right. 

Sec.  5.  The  exercise  of  the  police  povrer  of  the  State  shall  never 
be  abridged  or  so  construed  as  to  permit  corpoi'ations  to  conduct 
their  business  in  such  manner  as  to  infringe  the  ecpial  rights  of  indi- 
viduals, or  the  general  well-l)eing  of  the  State. 

Sec.  0,  In  all  elections  for  director^  or  managers  of  any  incor- 
porated company,  each  shareholder  shall  have  the  right  to  cast  as 
many  votes  in  the  aggregate  as  shall  equal  the  number  of  shares  so 
held  by  him  or  her  in  said  company,  nniltii)lied  b\-  the  number  of 
directors  or  managers  to  be  elected  at  such  election;  and  each  share- 
holder may  cast  the  whole  innnber  of  \'otes,  either  in  person  or  by 
jiroxy,  for  one  candidate,  or  distribute  such  votes  anu)ng  two  or  more 
candidates;  and  such  diivctors  or  managers  shall  not  be  elected  in  any 
other  numner. 

Sec.  T.  No  corporation  shall  engage  in  business,  other  than  that 
expressly  authorized  in  its  charter  or  the  law  under  which  it  may 
have  been  or  hereafter  may  be  organized,  nor  shall  it  hold  any  I'eal 
estate  for  any  period  longer  than  six  years,  except  such  as  may  be 
necessary  and  ])roper  for  carrying  on  its  legitimate  business. 

Sec.  8.  No  corporation  shall  issue  stock  or  bonds,  except  for  money 
paid,  labor  done  or  j^roperty  actually  received,  and  all  fictitious  in- 
crease of  stock  or  indebtedness  shall  be  void.  The  stock  and  bonded 
indebtedness  of  corporations  shall  not  be  increased,  except  in  pur- 
suance of  general  law,  nor  without  the  consent  of  the  persons  holding 
the  larger  amount  in  value  of  the  stock  first  obtained  at  a  meeting 
called  for  the  purpose,  first  giving  sixty  days'  public  notice,  as  may  be 
provided  by  law. 

Sec.  9.  I)ues  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  an}'  amount  over  or  above  the 
amoinit  of  stock  owned  by  him  or  her. 

Sec.  10.  No  corporation  shall  issue  preferred  stock  without  the 
consent  of  all  the  stockholders. 

Sec.  11.  The  term  ''corporation,"  as  used  in  this  article,  shall  be 
construed  to  include  all  joint  stock  companies  or  associations  having 
any  powers  or  ])rivileges  not  j)ossessed  by  individuals  or  partnerslii])s. 

RAILKOADS 

Sec.  12.  It  shall  not  be  lawful  in  this  State  for  any  railway  com- 
pany to  charge  for  fi'eight  or  passengers  a  greater  amount,  for  the 
transportation  of  the  same,  for  a  less  distance  than  the  amount 
charged  for  any  greater  distance;  and  suitable  laws  shall  be  passeil 
by  the  General  Assembly  to  enforce  this  provision;  but  excursion 
and  commutation  tickets  ma}'  be  issued  at  special  rates. 


2266  Missouri— 1875 

Sec.  13.  Any  railroad  corporation  or  association, <•  organized  for 
the  purpose,  shall  have  the  right  to  construct  and  operate  a  railroad 
between  any  points  within  this  State,  and  to  connect  at  the  State  line 
with  railroads  of  other  States.  Every  railroad  company  shall  have 
the  right,  with  its  road,  to  intersect,  connect  with  or  cross  any  other 
railroad,  and  shall  receive  and  transport  each  the  other's  passengers, 
tonnage  and  cars,  loaded  or  empty,  without  delay  or  discrimination. 

Sec.  14.  Railways  heretofore  constructed,  or  that  may  hereafter  be 
constructed  in  this  State,  are  hereby  declared  public  highways,  and 
railroad  companies  common  carriers.  The  (ireneral  Assembly  shall 
pass  laws  to  correct  abuses  and  prevent  unjust  discrimination  and 
extortion  in  the  rates  of  freight  and  passenger  tariff's  on  the  differ- 
ent railroads  in  this  State;  and  shall,  from  time  to  time,  pass  laws 
establishing  reasonable  maxiunun  rates  of  charges  for  the  transpor- 
tation of  passengers  and  freight  on  said  railroads,  and  enforce  all 
such  laws  by  adequate  penalties. 

Sec.  15.  Every  railroad  or  other  corporation,  organized  or  doing 
business  in  this  State  nnder  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  where 
shall  be  kept,  for  public  inspection,  books  in  which  shall  be  recorded 
the  amount  of  capital  stock  subscribed,  the  names  of  the  owners  of 
the  stock,  the  amounts  owned  by  them  respectively,  the  amount  of 
stock  paid,  and  by  whom,  the  transfer  of  said  stock,  with  the  date  of 
transfer,  the  amount  of  its  assets  and  liabilities,  and  the  names  and 
places  of  residence  of  its  officers.  The  directors  of  every  railroad 
company  shall  hold  one  meeting  annually  in  this  State,  pul^lic  notice 
of  which  shall  be  given  thirty  days  previously,  and  shall  report  annu- 
ally, under  oath,  to  the  State  Auditor,  or  some  officer  designated  by 
law,  all  of  their  acts  and  doings,  which  report  shall  include  such 
matters  relating  to  railroads  as  may  be  prescribed  by  law.  The 
General  Assembly  shall  pass  laws  enforcing,  by  suitable  penalties, 
the  provisions  of  this  section. 

Sec.  10.  The  rolling  stock  and  all  other  movable  property  belong- 
ing to  any  railroad  compan}^  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  exemj^ting  any  such  property 
from  execution  and  sale. 

Sec.  17.  No  railroad  or  other  corporation,  or  the  lessees,  jDurchasers 
or  managers  of  any  railroad  corporation,  shall  consolidate  the  stock, 
property  or  franchises  of  such  corporation  with,  or  lease  or  purchase 
the  works  or  franchises  of,  or  in  an}'^  w^ay  control,  any  railroad  cor- 
poration owning  or  having  under  its  control  a  parallel  or  competing 
line;  nor  shall  any  officer  of  such  railroad  corporation  act  as  an  offi- 
cer of  any  other  railroad  corporation  owning  or  having  the  control 
of  a  parallel  or  competing  line.  The  question  whether  railroads  are 
parallel  or  competing  lines  shall,  when  demanded,  be  decided  by  a 
jury,  as  in  other  civil  issues. 

Sec.  18.  If  any  railroad  company  organized  under  the  laws  of  this 
State  shall  consolidate,  by  sale  or  otherwise,  with  any  railroad  com- 
pany organized  under  the  laws  of  any  other  State,  or  of  the  United 
States,  the  same  shall  not  thereby  become  a  foreign  corporation :  but 


^fifisou^—]S7r)  2267 

the  courts  of  this  State  :shall  retain  jurisdiction  in  all  matters  which 
nia}'  arise,  as  if  said  consolidation  had  not  taken  place.  In  no  case 
shall  any  consolidation  take  place,  except  upon  public  notice  of  at 
least  sixty  days  to  all  stockholders,  in  such  manner  as  may  l)e  j^ro- 
vided  by  law. 

S?:c.  19.  The  (leneral  Assembly  shall  pass  no  law  for  the  benefit  of 
a  railroad  or  other  corporations,  or  any  individual  or  association  of 
indivichuils,  retrospective  in  its  operation,  or  which  imposes  on  the 
j)eople  of  any  county  or  nnuiicipal  subdivision  of  the  State  a  new 
liability  in  respect  to  ti'ansactions  or  considerations  already  past. 

Skc.  liO.  Xo  law  sliall  be  j)assed  by  the  (General  Assembly  orantiiiii' 
the  right  to  construct  and  operate  a  street  railroad  within  any  city, 
town,  village,  or  on  any  public  highway,  without  lirst  acquiring  the 
consent  of  the  local  authorities  having  control  of  the  street  or  high- 
way proposed  to  be  occupied  by  such  street  railroad;  and  the  fran- 
chises so  granted  shall  not  be  transferred  Avithout  similar  assent  first 
ol)tained. 

Sec.  '2i.  Xo  railroad  corporation  in  existence  at  the  time  of  the 
adoption  of  this  Constitution  shall  have  the  benefit  of  any  future  leg- 
islation, except  on  condition  of  complete  acce])tance  of  all  the  ])ro- 
visions  of  this  Constitution  applicable  to  railroads. 

Sec.  22.  Xo  president,  director,  officer,  agent  or  employt^of  any 
railroad  company  shall  be  interested,  directh^  or  indirectly,  in  fur- 
nishing material  or  supplies  to  such  company,  or  in  the  business  of 
transportation  as  a  common  carrier  of  freight  or  passengers  over  the 
works  owned,  leased,  controlled  or  worked  l)y  such  company. 

Sec.  2?).  Xo  discrimination  in  charges  or  facilities  in  transportation 
^hall  be  made  between  transportation  companies  and  individuals,  or 
in  favor  of  either,  by  al)atement,  drawback  or  otherwise;  aiul  no 
railroad  company,  or  any  lessee,  manager  or  employe  thereof,  shall 
make  any  preference  in  furnishing  cars  or  motive  power. 

Sec.  24.  Xo  railroad  or  other  transportation  company  shall  grant 
free  passes  or  tickets,  or  passes  or  tickets  at  a  discoimt.  to  members 
of  the  General  Assembly,  or  members  of  the  Board  of  Kcputlization. 
or  any  State  6r  county  or  municipal  officers;  and  the  accei)tance  of 
such  })ass  or  ticket,  by  a  member  of  the  General  Assembly,  or  any 
such  officer,  shall  be  a  forfeiture  of  liis  office. 

BANKS 

Sec.  25.  Xo  State  bank  shall  hereafter  be  created,  nor  shall  the 
State  own  or  be  liable  for  any  stock  in  any  corporation,  or  joint 
stock  company,  or  association  for  banking  purposes,  now  created  or 
hereafter  to  be  created. 

Sec.  20.  Xo  act  of  the  General  Assembly  authorizing  or  creating 
corporations  or  associations  with  baidcing  powers  (except  baidcs  of 
deposit  or  discount),  nor  amendments  thereto,  shall  go  into  effect,  or 
in  any  maimer  be  enforced,  unless  the  same  shall  be  submitted  to  a 
vote  of  the  qiudified  voters  of  the  State,  at  the  general  election  next 
succeeding  the  passage  of  the  same,  and  be  approved  l)y  a  majority 
of  the  votes  cast  at  such  election. 

Sec.  27.  It  shall  be  a  crime,  the  nature  and  punisinnent  of  which 
shall  be  prescribed  by  hnv,  for  any  ijresident,  director,  manager. 


2208  Missouri— ISTf) 

cashipi*  or  other  officer  of  any  banking-  iiistiliition,  to  assent  to  the  re- 
ception of  deposits,  or  the  creation  of  debts  by  such  banking  insti- 
tution, after  he  shall  have  had  knowledge  of  the  fact  that  it  is  insol- 
vent, or  in  failing  circumstances;  and  any  such  officer,  agent  oi 
manager  shall  be  individually  responsible  for  such  deposits  so  re- 
ceived, and  all  such  debts  so  created  with  his  assent. 

Artk  LK  XTIT 
:\rTr,iTiA 

Section  1.  All  al)le-l)odied  male  inhabitants  of  this  State  between 
the  ages  of  eighteen  and  forty-tive  years,  who  are  citizens  of  the 
United  States,  or  have  declared  their  intention  to  become  such  citi- 
zens, shall  be  liable  to  military  duty  in  the  militia  of  this  State: 
Pror/(I('(/,  that  no  person  who  is  religiously  scrupulous  of  bearing 
arms  can  be  compelled  to  do  so,  but  may  be  compelled  to  pay  an 
('(juivalent  for  military  service,  in  such  manner  as  shall  be  pi-esci-ibed 
by  law. 

Sec.  2.  The  (leneral  Assembly,  in  ])roviding  for  the  organization, 
equijiment  and  discij^line  of  the  militia,  shall  conform,  as  nearly  as 
practical)le,  to  the  regulations  for  the  government  of  the  armies  of 
the  United  States. 

Sec.  3  Each  company  and  regiment  shall  elect  its  own  company 
and  regimental  officers:  but  if  any  company  or  regiment  shall  neglect 
to  elect  such  officers  within  the  time  prescribed  by  law,  or  by  the  order 
of  the  Governor,  they  may  be  appointed  by  the  Oovernor. 

Sec.  4.  Volunteer  companies  of  infantry,  cavalry  and  artillery  may 
be  formed  in  such  manner  and  under  such  restrictions  as  may  be  pro- 
vided by  law. 

Sec.  5.  The  volunteer  and  militia  forces  shall  in  all  cases,  except 
treason,  felony  and  breach  of  the  peace,  be  privileged  from  arrest  dur- 
ing their  attendance  at  musters,  parades  and  elections,  and  in  going  to 
and  returning  from  the  same. 

Sec.  C).  The  Governor  shall  appoint  the  Adjutant-General,  Quarter 
master-General  and  his  other  staff  officers.     He  shall  also,  with  the 
advice  and  consent  of  the  Senate,  appoint  all  major-generals  and 
brigadier-generals. 

Sec.  T.  The  General  Assembly  shall  provide  for  the  safe  keeping 
of  the  public  arms,  military  records,  banners  and  relics  of  the  State. 

Article  XIV 

miscellaneous  provisions 

Section  1.  The  General  Assembly  of  this  State  shall  never  inter- 
fere with  the  primary  disposal  of  the  soil  by  the  United  States,  nor 
with  any  regulation  which  Congress  may  find  necessary  for  securing 
the  title  in  such  soil  to  hoiui  -fide  purchasers.  Xo  tax  shall  be  imposed 
on  lands  the  property  of  the  United  States;  nor  shall  lands  belonging 
to  persons  residing  out  of  the  limits  of  this  State  ever  be  taxed  at  a 
higher  rate  than  the  lands  belonging  to  persons  residing  within  the 
State. 


Missouri— 1875  2269 

Sec.  2.  Xo  person  shall  be  prosecuted  in  any  civil  action  or  criminal 
proceeding  for  or  on  account  of  any  act  bj^  him  done,  performed  or 
executed  between  the  first  day  of  January,  one  thousand  eight  hun- 
dred and  sixt3'-one,  and  the  twentieth  clay  of  August,  one  thousand 
eight  hundred  and  sixty-six,  by  virtue  of  military  authority  vested  in 
him,  or  in  pursuance  of  orders  from  any  person  vested  with  such  au- 
thority by  the  government  of  the  United  States,  or  of  this  State,  or  of 
the  late  Confederate  States,  or  any  of  them,  to  do  such  act.  And  if 
any  action  or  proceedings  shall  have  been  or  shall  hereafter  be  insti- 
tuted against  any  person  for  the  doing  of  any  such  act,  the  defendant 
may  plead  this  section  in  bar  thereof. 

Sec.  3.  Xo  person  who  shall  hereafter  fight  a  duel,  or  assist  in  the 
same  as  a  second,  or  send,  accept  or  knowinglj^  carry  a  challenge 
therefor,  or  agree  to  go  out  of  the  State  to  fight  a  duel,  shall  hold  any 
office  in  this  State. 

Sec.  4.  Xo  person  holding  an  office  of  profit  under  the  United  States 
shall,  during  his  continuance  in  such  office,  hold  any  office  of  profit 
under  this  State. 

SfX'.  5.  In  the  absence  of  any  contrary  pi-ovision,  all  officers  now  or 
hereafter  elected  or  appointed,  subject  to  the  right  of  i-esignation, 
shall  hold  office  during  their  official  terms,  and  until  their  successors 
shall  be  duly  elected  or  appointed  and  qualified. 

Sec.  G.  All  officers,  both  civil  and  military,  nnder  the  authority  of 
this"  State,  shall,  before  entering  on  the  duties  of  their  respective 
offices,  take  and  subscribe  an  oath,  or  affirmation,  to  support  the  Con- 
stitution of  th(>  T'nitcd  States  and  of  this  State,  and  to  demean  them- 
selves faithfully  in  office. 

Sec.  7.  The  (ieneral  Asseml)ly  shall,  in  addition  to  oIIut  |)i'nalties. 
provide  for  the  removal  from  office  of  county,  city,  town  and  town- 
sliip  officers,  on  conviction  of  willful,  corrupt  or  fraudulent  violation 
or  neglect  of  official  duty. 

Sec.  8.  The  compensation  or  fees  of  no  state,  county  or  nninicipal 
officer  shall  be  increased  during  his  term  of  office;  ncu"  shall  the  term 
of  any  office  be  extended  for  a  longer  period  than  that  for  which  such 
officer  was  elected  or  appointed. 

Sec.  0.  The  aj)pointment  of  all  officers,  not  otherwise  directed  by 
this  Constitution,  shall  be  made  in  such  manner  as  may  be  prescribed 
by  law. 

Sec.  10.  The  General  Assembly  shall  have  no  power  to  authorize 
lotteries  or  gift  enterprises  for  any  purpose,  and  shall  pass  laws  to 
prohibit  the  sale  of  lottery  or  gift  enterprise  tickets,  or  tickets  in  any 
scheme  in  the  nature  of  a  lottery,  in  this  State:  and  all  acts  or  parts 
of  acts  heretofore  passed  by  the  Legislature  of  this  State,  authorizing 
a  lottery  or  lotteries,  and  all  acts  amendatory  thereof  or  supplemental 
thereto,  are  hereby  avoided. 

Sec.  11.  Tt  shall  be  the  duty  of  the  grand  jury  in  each  county,  at 
least  once  a  year,  to  investigate  the  official  acts  of  all  officers  having 
charge  of  public  funds,  and  report  the  result  of  their  investigations  in 
writing  to  the  court. 

Sec.  \'1.  Senators  and  re|)resentatives  shall,  in  all  cases,  except 
treason,  felony  or  l)reacli  of  the  peace,  l)e  pri\ileged  from  arrest  diM"- 
ing  the  session  of  the  (xeneral  Assembly,  and  for  fifteen  days  next  be- 
fore the  (;onnnencement  and  after  the  termination  of  each  session:  and 
for  any  speech  or  debate  in  either  house  they  shall  not  be  questioned 
in  any  oilier  place. 


2270  Missouri— 1875 

Artk  I.F.   XV 
MODE    OF    AMEXDTNG    THE    CONSTITUTION 

Section  1.  This  Constitution  may  be  amended  and  revised  only  in 
pursuance  of  the  provisions  of  this  article. 

Sec.  2.  The  General  Assembly  may,  at  any  time,  [)ropose  such 
amendments  to  this  Constitution  as  a  majority  of  the  members  elected 
to  each  house  shall  deem  expedient;  irtid  the  vote  thereon  shall  be 
taken  by  yeas  and  nays  and  entered  in  full  on  the  journals.  The  pro- 
posed amendments  shall  be  published  with  tlie  laws  of  that  session. 
and  also  shall  be  published  Aveekly  in  some  newspaper,  if  such  there 
be,  Avithin  each  county  in  the  State,  for  four  consecutive  weeks  next 
preceding  the  general  election  then  next  ensuing.  The  proposed 
amendments  shall  be  submitted  to  a  vote  of  the  people,  each  amend- 
ment separately,  at  the  next  general  election  thereafter,  in  such  man- 
ner as  the  Oeneral  Assembly  may  provide.  If  a  majority  of  the 
qualified  voters  of  the  State,  voting  for  and  against  any  one  of 
said  amendments,  shall  vote  for  such  amendment,  the  same  shall  be 
deemed  and  taken  to  have  been  ratified  by  the  people,  and  shall  be 
valid  and  binding,  to  all  intents  and  purposes,  as  a  part  of  this 
Constitution. 

Sec.  3.  The  General  Assembly  may  at  any  time  authorize,  l)y  law, 
a  vote  of  the  people  to  be  taken  upon  the  question  whether  a  conven- 
tion shall  be  held  for  the  purpose  of  revising  and  amending  the  Con- 
stitution of  this  State:  and  if  at  such  election  a  majority  of  the  votes 
on  the  question  l>e  in  favor  of  a  convention,  the  Governor  shall  issue 
writs  to  the  sheriffs  of  the  different  counties,  ordering  the  election  of 
delegates  to  such  a  convention,  on  a  day  not  less  than  three  and 
within  six  months  after  that  on  Avhich  the  said  question  shall  have 
been  voted  on.  At  such  election  each  Senatorial  district  shall  elect 
two  delegates  for  each  Senator  to  which  it  may  then  be  entitled  in  the 
General  Assembly,  and  every  such  delegate  shall  have  the  qualifica- 
tions of  a  State  Senator.  The  election  shall  be  conducted  in  conform- 
ity with  the  laws  regulating  the  election  of  Senators.  The  delegates 
so  elected  shall  meet  at  such  time  and  place  as  may  be  provided  b}'^ 
law,  and  organize  themselves  into  a  convention,  and  proceed  to  revise 
and  amend  the  Constitution;  and  the  Constitution,  when  so  revised 
and  amended,  shall,  on  a  day  to  be  therein  fixed,  not  less  than  sixty 
days  nor  more  than  six  months  after  that  on  which  it  shall  have  been 
adopted  by  the  convention,  be  submitted  to  a  vote  of  the  people  for 
and  against  it.  at  an  election  to  be  held  for  that  purpose:  and  if  a 
majority  of  all  the  votes  given  be  in  favor  of  such  Constitution,  it 
shall,  at  the  end  of  thirty  days  after  such  election,  become  the  Con- 
stitution of  this  State.  The  result  of  such  election  shall  be  made 
known  by  proclamation  by  the  Governor.  The  General  Assembly 
shall  have  no  power,  otherwise  than  in  this  section  specified,  to 
authorize  a  convention  for  revising  and  amending  the  Constitution. 

Schedule 

That  no  inconvenience  may  arise  from  the  alterations  and  amend- 
ments in  the  Constitution  of  this  State,  and  to  carry  the  same  into 
complete  effect,  it  is  hereby  ordained  and  declared : 

Section  1.  That  all  laAvs  in  force  at  the  ado|)tion  of  this  Constitu- 
tion, not   inconsistent    therewith,   shall   remain    in    full    force   until 


Missouri— 1875  2271 

altered  or  repealed  by  the  General  Assembly;  and  all  rights,  actions, 
prosecutions,  claims  and  contracts  of  the  State,  counties,  individuals 
or  bodies  corporate,  not  inconsistent  therewith,  shall  continue  to  be 
as  valid  as  if  this  Constitution  had  not  been  adopted.  The  j)rovisions 
of  all  laws  Avhich  are  inconsistent  with  this  Constitution  shall  cease 
upon  its  adoption,  except  that  all  laws  which  are  inconsistent  with 
such  provisions  of  this  Constitution  as  require  legislation  to  enforce 
them,  shall  remain  in  force  until  the  first  day  of  July,  one  thousand 
eight  hundred  and  seventy-seven,  unless  sooner  amended  or  repealed 
by  the  (jeneral  Assembly. 

Sec.  2.  That  all  recognizances,  ol)ligations  and  all  other  instru- 
ments entered  into  or  executed  before  the  adoption  of  this  Constitu- 
tion, to  this  State  or  to  an}^  subdivision  thei^eof,  or  any  mimicipality 
therein,  and  all  fines,  taxes,  penalties  and  forfeitures,  clue  or  owing 
to  this  State,  or  any  such  subdivision  or  numicipality,  and  all  writs, 
prosecutions,  actions  and  causes  of  action,  except  as  herein  otherwise 
])rovided,  shall  continue  and  remain  unaffected  by  the  adoption  of  this 
Constitution.  All  indictments  which  shall  have  l)een  found  or  may 
hereafter  l)e  foimd,  for  any  crime  or  offense  conunitted  before  this 
Constitution  takes  effect,  may  be  proceeded  tipon  as  if  no  change  had 
taken  place,  except  as  otherwise  provided  in  this  Constitution. 

Sec.  8.  All  county  and  probate  courts,  as  now  constituted  and 
organized,  shall  continue  with  their  jurisdiction  imtil  the  General 
Assembly  shall  by  law  conform  them  in  their  organization  to  the 
requirements  of  this  Constitution. 

Sec.  4. 'All  criminal  courts  organized  and  existing  under  the  laws 
of  this  State,  and  not  s])ecially  jjrovided  for  in  this  Constitution, 
shall  continue  to  exist  until  otherAvise  provided  by  law. 

Se(  .  .").  All  courts  of  connnon  pleas  existing  and  organized  in  cities 
and  towns  having  a  population  exceeding  three  thousand  five  hundred 
inhabitants,  and  such  as  by  the  law  of  their  creation  are  presided  over 
by  a  judge  of  a  circuit  court,  shall  continue  to  exist  and  exercise  their 
present  jurisdiction,  until  otherwise  provided  by  law.  All  other 
courts  of  common  pleas  shall  cease  to  exist  at  the  expiration  of  the 
present  terms  of  office  of  the  several  judges  thereof. 

Sec.  C).  All  i)ersons  now  filling  any  office  or  appointment  in  this 
State  shall  continue  in  the  exercise  of  the-duties  thereof,  according  to 
their  respective  commissions  or  api)ointments,  unless  otherwise  i)ro- 
vided  by  law. 

Sec.  7.  Upoii  the  adoption  of  this  Constitution,  all  appeals  to  and 
writs  of  error  from  the  Supreme  court  shall  be  returnai)le  to  the 
Supreme  court  at  the  City  of  Jefferson. 

Sec.  8.  Until  the  General  Assembly  shall  make  ])rovision  for  the 
l)ayment  of  the  State  and  railroad  indel)teiluess  of  this  State,  in  pur- 
suance of  section  fourteen  of  article  X  of  this  Constitution,  there 
shall  be  levied  and  collected  an  annual  tax  of  one-fifth  of  one  per 
centum  on  all  real  estate  and  otiier  property  and  effects  subject  to  tax- 
ation, the  proceeds  of  which  shall  be  applied  to  the  jiayment  of  the 
interest  on  the  bonded  debt  of  this  State  at  it  matures,  and  the  sur- 
plus, if  any,  shall  be  paid  into  the  Sinking  ftuid.  and  thereafter  ap- 
plied to  the  paj'ment  of  such  indebtedness,  and  to  no  other  purjiose. 

Sec.  i>.  This  Constitution  shall  be  submitted  to  the  people  of  this 
State  for  adoption  or  rejection,  at  an  election  to  be  held  for  that  pur- 
pose only,  on  Saturday,  the  thirtieth  day  of  October,  one  thousand 


2272  Missouri— 1875 

eight  hundred  and  seventy-five.  Every  person  entitled  to  vote  under 
the  Constitution  and  laws  of  this  State  shall  be  entitled  to  vote  for  the 
adoption  or  rejection  of  this  Constitution.  Said  election  shall  be 
held,  and  said  qualified  electors  shall  vote  at  the  usual  places  of  vot- 
ing in  the  several  counties  of  this  State;  and  said  election  shall  be 
conducted,  and  returns  thereof  made,  according  to  the  laws  now  in 
force  regulating  general  elections. 

Sec.  10.  The  clerks  of  the  several  county  courts  in  this  State  shall, 
at  least  five  days  before  said  election,  cause  to  be  delivered  to  the 
judges  of  election  in  each  election  district  or  precinct  in  their  re- 
spective counties,  suitable  blank  poll-books,  forms  of  return  and  five 
times  the  number  of  properly  prepared  printed  ballots  for  said  elec- 
tion, that  there  are  voters  in  said  respective  districts,  the  expense 
whereof  shall  be  allowed  and  paid  by  the  several  county  courts,  as 
other  county  expenditures  are  allowed  and  paid. 

Sec.  11.  At  said  election  the  ballots  shall  be  in  the  following  form: 
New  Constitution  ticket  {eirise  the  clause  yoi/  do  not  favor.)  Xew 
Constitution, — Yes,  Xew  Constitution, — No.  Each  of  said  tickets 
shall  be  counted  as  a  vote  for  or  against  this  Constitution,  as  the  one 
clause  or  the  other  may  be  canceled  with  ink  or  pencil  by  the  voter, 
and  returns  thereof  shall  be  made  accordingly.  If  both  clauses  of 
the  ticket  be  erased,  or  if  neither  l^e  erased,  the  ticket  shall  not  be 
counted. 

Sec.  1'2.  The  returns  of  the  whole  vote  cast  for  the  adoption  and 
against  the  adoption  of  this  Constitution  shall  be  made  by  the  several 
clerks,  as  now  provided  by  law  in  case  of  the  election  of  State  officers, 
to  the  Secretary  of  State,  within  tAventy  days  after  the  election;  and 
the  returns  of  said  votes  hhall.  Avithin  ten  days  thereafter,  be  examined 
and  canvassed  by  the  State  Auditor.  State  Treasurer  and  Secretary  of 
State,  or  any  two  of  them,  in  the  presence  of  the  Governor,  and  pro- 
clamation shall  be  made  by  the  Governor  forthwith  of  the  result  of 
the  canvass. 

Sec.  13.  If,  upon  such  canvass,  it  shall  appear  that  a  majority  of 
the  votes  polled  were  in  favor  of  the  new  Constitution,  then  this  Con- 
stitution shall,  on  and  after  the  thirtieth  day  of  November,  one  thou- 
sand eight  hundred  and  seventy-five,  be  the  supreme  laAv  of  the  State 
of  Missouri,  and  the  present  existing  Constitution  shall  thereupon 
cease  in  all  its  provisions;  but  if  it  shall  appear  that  a  majority  of 
the  votes  polled  Avere  against  the  ncAv  Constitution,  then  this  Con- 
stitution shall  be  niUl  and  A'oid.  and  the  existing  Constitution  shall 
continue  in  force. 

Sec.  14.  The  provisions  of  this  schedule  required  to  be  executed 
prior  to  the  adoption  or  rejection  of  this  Constitution  shall  take  effect 
and  be  in  force  immediately. 

Sec.  15.  The  General  Assembly  shall  pass  all  such  hiAvs  as  may  be 
necessary  to  carry  this  Constitution  into  full  effect. 

Sec.  10.  The  present  Secretary  of  State.  State  Auditor.  Attorney- 
General  and  Superintendent  of  Public  Schools  shall,  during  the  re- 
mainder of  their  terms  of  office,  unless  otherAvise  directed  by  law. 
receiA^e  the  same  compensation  and  fees  as  is  noAv  provided  by  hiAA-  : 
and  the  present  State  Treasurer  shall,  during  the  remainder  of  the 
term  of  his  office,  continue  to  be  governed  bv  existinir  law.  in  the 


Missouri— 1875  2273 

custody  and  disposition  of  the  State  funds,  unless  otherwise  directed 
by  law. 

Sec.  17.  Section  twelve  of  the  Bill  of  Rights  shall  not  be  so  con- 
strued as  to  prevent  arrests  and  preliminary  examination  in  an}^ 
criminal  case. 

Done  in  CouA^ention,  at  the  Capitol,  in  the  City  of  Jefferson,  on  the 
second  day  of  August,  in  the  year  of  our  Lord  oue  thousand  eight 
hundred  and  seventy-five,  and  of  the  Independence  of  the  United 
States  the  one  hundredth. 

Waldo  P.  Johnson, 
President,  St.  CJair  covnty. 
N.  AV.  Watkins, 
V ice-President^  Scott  county. 


AMENDMENTS 

( NovombtT,  1890) 

Section  1.  The  supreme  court  shall  consist  of  seven  judges,  and, 
after  the  first  Monday  in  January,  1891,  shall  be  divided  into  two 
divisions,  as  follows:  One  division  to  consist  of  four  judges  of  the 
court  and  to  be  known  as  division  number  one,  the  other  to  consist  of 
the  remaining  judges  and  to  be  known  as  division  number  two.  The 
divisions  shall  sit  separately  for  the  hearing  and  disposition  of  causes 
and  matters  pertaining  thereto,  and  shall  have  concurrent  jurisdic- 
tion of  all  matters  and  causes  in  the  supreme  court,  except  that  divi- 
sion number  two  shall  have  exclusive  cognizance  of  all  criminal  cases 
])ending  in  said  court:  Provided,  that  a  cause  therein  may  be  trans- 
ferred to  the  court  as  provided  in  section  four  of  this  amendment. 
The  division  of  business  of  which  said  divisions  have  concurrent 
jurisdiction  shall  be  nuide  as  the  supreme  court  may  determine.  A 
nuijority  of  the  judges  of  a  division  shall  constitute  a  quorum  thereof, 
and  all  orders,  judgments  and  decrees  of  either  division,  as  to  causes 
and  matters  pending  before  it,  shall  have  the  force  and  effect  of  those 
of  the  court. 

Sec.  2.  ITpon  the  adoption  of  this  amendment,  the  governor  shall 
apjioint  two  additional  judges  of  the  supreme  court,  Avho  shall  hold 
their  ollices  until  the  first  Monday  in  January.  ISUH,  and  at  the  gen- 
eral election  in  the  year  1802  their  successors  shall  be  elected,  who 
shall  hold  their  offices  for  the  term  of  ten  years,  as  other  judges  of 
the  supreme  court.  The  two  judges  appointed  by  the  governor,  to- 
gether with  the  judge  elected  at  the  general  election  in  the  year  1890, 
shall  constitute  division  number  two,  and  the  remaining  judges  shall 
constitue  division  numb(M'  one.  The  court  shall  elect  its  chief  justice 
and  each  division  a  presiding  judg(>  thereof. 

Sec.  ;').  The  supreme  court  shall  assign  to  each  division  the  causes 
and  matters  to  be  heard  by  it,  of  which  assignment  due  ])ul)lic  notice 
shall  be  given,  and  all  laws  relntiui?;  to  practice  in  the  supreme  court, 
as  well  as  the  rules  of  the  su]iren)e  court,  shall  apply  to  each  division 
so  far  as  they  nuiy  be  applicable  thereto.  The  opinion  of  each  division 
shall  be  in  writing,  and  shall  be  filed  in  the  causes  in  which  they  shall 
7253— VOL  3—07 2U 


2274  Missouri— 1S75 

be  respectively  made  during  the  term  at  which  the  cause  is  submitted, 
and  such  opinions  shall  be  a  part  of  the  records  of  the  supreme  court. 
Each  division  shall  have  authority  to  issue  the  original  writs  and 
exercise  the  poAvers  enumerated  in  section  three  of  article  six  of  the 
constitution. 

Sec.  4.  When  the  judges  of  a  division  are  equally  divided  in  opin- 
ion in  a  cause,  or  when  a  judge  of  a  division  dissents  from  the  opinion 
therein,  or  when  a  federal  question  is  involved,  the  cause,  on  the 
application  of  the  losing  party,  shall  be  transferred  to  the  court  for 
its  decision ;  or  when  a  decision  in  which  a  cause  is  pending  shall  so 
order,  the  cause  shall  be  transferred  to  the  court  for  its  decision. 

Sec.  5.  AVhenever  in  the  opinion  of  the  supreme  court  the  state  of 
its  docket  with  reference  to  the  speedy  disposition  of  the  business  of 
the  court  will  justify  dispensing  with  the  divisions  hereinbefore  pro- 
vided, the  court  shall  dispense  therewith,  and  the  court  shall  there- 
after hear  and  determine  all  causes  pending  in  it :  Provided,  however, 
that  the  court  shall  have  the  power  to  again  divide  itself  into  two 
divisions,  in  like  manner  and  with  like  power  and  effect  as  herein- 
before provided,  whenever  in  the  opinion  of  six  judges  thereof,  en- 
tered of  record,  the  condition  of  its  docket  with  reference  to  the 
speedy  disposition  of  the  business  of  the  court  shall  so  require;  and 
in  such  division  the  four  judges  oldest  in  commission  shall  constitute 
division  number  one,  and  the  remaining  judges  division  number  two. 

Sec.  T.  All  provisions  of  the  constitution  of  the  state,  and  all  laws 
thereof  not  consistent  with  this  amendment,  shall  upon  its  adoption 
be  forever  rescinded  and  of  no  effect. 

(November.  1892) 

Section  1.  That  section  47.  of  article  4  of  the  constitution,  be 
amended  by  adding  thereto  the  following  Avords,  to  wit:  Prorided. 
that  this  shall  not  be  so  construed  as  to  prohibit  the  general  assembly 
from  providing  by  law  for  authorizing  the  creation,  maintenance  and 
management  of  a  fund  for  tlie  pensioning  of  crippled  and  disabled 
firemen,  and  for  the  relief  of  the  widows  and  minor  children  of  de- 
ceased firemen,  by  such  cities,  villages  or  incorporated  towns  as  ma}'^ 
have  an  organized  fire  department — said  fund  to  be  taken  from  the 
municipal  revenue  of  such  cities,  villages  or  incorporated  towns. 

(November  0.  1900) 

revenue  and  taxation 

Section  1.  In  addition  to  taxes  authorized  to  be  levied  for  county 
purposes  under  and  by  virtue  of  section  eleven,  article  10  of  the 
constitution  of  this  state  not  under  townshij)  organization,  and 
the  township  l)oard  of  directors  in  the  several  counties  under  town- 
ship organization,  may  in  their  discretion,  levy  and  collect  a  special 
tax  not  exceeding  fifteen  cents  on  each  one  hundred  dollars  valuation, 
to  be  used  for  road  and  bridge  purposes,  but  for  no  other  purpose 
whatever;  and  the  power  hereby  given  said  county  courts  and  town- 
ship boards  is  declared  to  be  a  discretionary  power.  This  constitu- 
tional amendment  shall  not  apply  to  the  cities  of  St.  Louis,  Kansas 
City  and  St.  Joseph. 


Missouri— 1875  2275 

(November  C.   WOO) 

Art.  2.  Sec.  28.  The  right  of  trial  by  jury,  as  heretofore  enjoyed, 
shall  remain  inviolate,  but  a  jury  for  the  trial  of  civil  and  criminal 
cases  in  courts  not  of  record,  may  consist  of  less  than  twelve  men  as 
may  be  prescribed  by  law;  and  that  a  two-thirds  majority  of  such 
number,  prescribed  hy  law  concurring  may  render  a  verdict  in  all 
civil  cases;  and  of  the  members  of  the  jury  concurring  in  courts  of 
record  three-fourths  of  the  members  of  the  jury  concurring  nuiy 
render  a  verdict.  Hereafter  a  grand  jury  shall  consist  of  twelve  men, 
any  nine  of  whom  concurring  may  find  an  indictment  or  a  true  bill. 

(Xoveniher  O.   l'.)(M») 

Art.  2.  Sec.  2.   (Struck  out  and  in  lieu  thereof:) 

''  Sec.  2.  No  person  shall  be  prosecuted  criminall}'^  for  felony  or 
misdemeanor  otherwise  than  by  indictment  or  information,  which 
shall  be  concurrent  remedies,  but  this  shall  not  be  construed  to  ap- 
ply to  cases  arising  in  the  land  or  naval  forces  or  in  the  militia  when 
in  actual  service  in  time  of  war  or  public  danger." 

(November  0,  1902) 

Art.  2.  Sec.  28.  Trial  by  jury  inviolate — grand  jury,  twelve  men. — 
The  right  of  trial  by  jury,  as  heretofore  enjoyed,  shall  remain  in- 
violate; but  a  jury  for  the  trial  of  criminal  or  civil  cases,  in  court  |s] 
not  of  record,  may  consist  of  less  than  twelve  men,  as  may  be  pre- 
scribed b}"  law.  Hereafter  a  grand  jury  shall  consist  of  twelve  men, 
any  nine  of  whom  concurring  may  find  an  indictment  or  a  true  bill: 
Provided,  however,  that  no  grand  jury  shall  be  convened  except  upon 
an  order  of  a  judge  of  a  court  having  the  power  to  try  and  determine 
felonies;  but  when  so  asseml^led  such  grand  jury  shall  have  power  to 
investigate  and  return  indictments  for  all  character  and  grades  of 
crime. 

(Adopted  November  0,  1900;  declared  unconstitutional  by  supreme  Court  and 
repealed  by  constitutional  amendment  adopted  at  the  November  election, 
1902. ) 

Section  1.  That  article  ten  (10)  of  the  constitution  of  the  State 
of  Missouri  be  and  the  same  is  hereby  amended  by  adding  thereto 
two  (2)  new  sections  to  be  known  as  sections  22  and  23,  which  are 
in  words  and  figures  as  follows: 

'*  Sec.  22.  A  mortgage,  deed  of  trust,  contract  or  other  obligation 
by  which  a  debt  is  secured,  shall,  for  the  purposes  of  assessment  and 
taxation,  be  deemed  and  treated  as  an  interest  in  the  property  affected 
thereby,  except  as  to  railroad  and  other  quasi  jjublic  corporations, 
for  which  provision  has  already  been  made  by  law;  in  cases  of  debts 
so  secured,  the  value  of  the  pr()i)erty  affected  by  such  mortgage, 
deed  of  trust,  contract  or  obligation,  less  the  value  of  such  security, 
shall  be  assessed  and  taxed  to  the  owner  of  the  propei-ty.  in  the 
manner  herein  after  to  be  pi'ovided  by  law,  and  the  value  of  such 
security  shall  be  assessed  and  taxed  to  the  owner  thereof,  in  the 
county,  city,  or  other  local  subdi\ision  in  which  the  property  affected 
thereby  is  situate.    The  taxes  so  levied  shall  be  a  lien  upon  the 


2276  Missouri— 1875 

property  and  security,  and  may  be  paid  by  either  party  to  such 
security;  if  paid  by  the  owner  of  the  security,  the  tax  so  levied  upon 
the  property  a  fleeted  therel)y  shall  become  a  part  of  the  debt  so 
secured;  if  the  owner  of  the  property  shall  pay  the  tax  so  levied  on 
such  security,  it  shall  constitute  a  payment  thereon,  and  to  the  extent 
of  such  payment  a  full  discharge  thereof;  Provided  that  in  all  such 
cases  the  interest  of  the  owner  of  the  security,  as  well  as  that  of  the 
owner  of  the  i)roperty  affected  by  such  mortgage,  deed  of  trust,  con- 
tract or  obligation,  shall  be  assessed  on  terms  equally  fair  and  just. 
If  the  note  or  other  obligation  secured,  is  entitled  to  a  credit  by 
payment  made  on  the  principal  therof,  the  assessable  value  of  the 
owner  of  the  security,  upon  the  fact  being  made  known  to  the 
assessor  prior  to  the  assessment,  shall  be  diminished  by  the  amount 
of  such  payment,  and  the  assessable  value  of  the  owner  of  the  land 
or  other  property,  correspondingly  increased,  the  intent  hereof  being 
to  place  those  interested  in  any  way  in  such  land  or  other  property, 
on  the  plane  of  absolute  equality'  as  to  taxation. 

"  Sec.  23.  Every  contract  hereafter  made  by  which  a  debtor  is 
obligated  to  pay  any  tax  or  assessment  on  money  loaned,  or  on  any 
mortgage,  deed  of  trust,  or  lien,  shall,  as  to  any  interest  specified 
therein  and  as  to  such  tax  or  assessment,  be  null  and  void."' 

(November  »>.  1900) 

Art.  10.  Sec.  12.  (Amended  by  the  addition  thereto  of  the  follow- 
ing Avorcls:) 

"And  further  jirovicled.'" 

(November  c,.  1900) 

Art.  10.  Sec.  12.   (The  following  added  thereto:) 

"And  provided  further,  that  the  corporate  authorities  of  the  city 
of  St.  Louis  are  hereby  authorized  to  issue  interest  bearing  bonds  of 
said  city  in  the  amount  of  five  million  dollars,  at  a  rate  of  interest  not 
to  exceed  four  per  cent,  per  annum,  the  principal  payable  wnthin 
thirty  years  from  the  date  of  their  issue,  and  the  proceeds  thereof 
shall  be  paid  to  the  corporation  organized  for  the  celebration  of  the 
Louisiana  purchase  centennial  in  said  city,  to  be  used  by  said  cor- 
poration for  said  celebration,  in  holding  a  World's  Fair  or  Exposi- 
tion in  said  city.  And  >aid  corporate  authorities  of  St.  Louis  shall 
be  repaid  as  large  a  proportionate  amount  of  the  aid  given  by  them 
as  shall  be  repaid  to  the  stockholders  of  said  corporation  on  the  sum 
subscribed  and  paid  by  them,  and  any  surplus  remaining  from  the 
assets  of  said  corporation  after  said  stockholders  and  said  city  shall 
have  been  paid  in  full,  shall  be  divided  between  said  stockholders 
and  said  city  in  proportion  to  the  aggregate  amount  of  said  stock  so 
paid  in  and  the  amount  so  loaned  by  said  city;  and  any  amount  so 
received  by  said  city  from  said  corporation  shall  be  paid  into  the  sink- 
ing fund  of  said  city  for  the  redemption  of  its  outstanding  bonds: 
Provided,  that  if  at  the  election  for  the  adoption  of  this  amendment 
to  the  constitution  a  majoi'ity  of  the  votes  cast  within  the  limits  of 
said  city  of  St.  Louis  voting  for  and  against  this  amendment,  shall  be 
against  its  adoption,  then  no  bonds  shall  be  issued  under  this  amend- 


Missouri— 1875  2277 

ment;  and  provided  further,  that  no  such  indebtedness  so  created 
shall  be  in  any  part  thereof  paid  by  the  state  or  from  any  state  reve- 
nue, tax  or  fund,  but  the  same  shall  be  paid  by  the  cit}'  of  St.  Louis 
alone." 

(November  (!,  1900) 

Art.  4.  Sec.  45.   (The  followinf^  added  thereto:) 

"  Provided,  that  the  general  assembly  shall  have  the  power  to  ap- 
propriate from  funds  in  the  state  sinkin(>-  fund,  being  the  proceeds  of 
the  tax  authorized  under  section  14  of  article  X  of  the  constitution, 
to  an  amount  not  exceeding  one  million  dollars  for  the  exhibition  of 
the  resources,  products  and  industries  of  the  state  in  the  centennial 
'celebration  of  the  Louisiana  purchase  in  the  city  of  St.  Louis." 

(November  4.  1902) 

Sectton  1.  That  article  ten  (10)  of  the  constitution  of  the  state 
of  Missouri  be  and  the  same  is  hereby  amended  by  adding  thereto 
one  new  section  to  be  known  as  Section  24,  which  is  in  words  and  fig- 
ures as  follows: 

Sec.  24.  Sections  twenty-two  (22)  and  twenty-three  (23)  of  article 
ten  (10)  of  the  constitution  of  the  State  of  Missouri  concerning  taxa- 
tion", and  the  same  are  hereby  repealed. 

(Xoveinber  4,   1902) 

Art.  10.  Sec.  26.  All  certificates  of  indebtedness  of  the  state  to  the 
"  public  school  fund  ''  and  to  the  "  seminary  fund  "  are  hereby  con- 
firmed as  sacred  obligations  of  the  state  to  said  funds  and  they  shall 
be  renewed  as  the}'  mature  for  such  ])eriod  of  time  and  at  such  rate 
of  interest  as  ma}'  be  provided  for  by  law.  The  general  assembly 
shall  have  the  power  to  provide  by  law  for  the  issuing  certificates 
to  the  public  school  fund  and  seminary  fund  as  the  money  belonging 
to  said  funds  accumulates  in  the  state  treasury:  Provided,  that  after 
the  outstanding  bonded  indebtedness  has  been  extinguished,  all  money 
accunndating  in  the  state  treasury  for  the  above  named  purposes,  shall 
be  invested  in  registered  county,  municipal,  or  school  district  bonds 
of  this  state  of  not  less  than  jiar  value.  AVhenever  the  state  bonded 
debt  is  extinguished,  or  a  sum  sufficient  thei'efor  has  been  received, 
there  shall  be  ievicMJ  and  collected  in  lieu  of  the  ten  cents  on  the  one 
hundred  dolhirs  \al nation  now  provided  for  by  the  statutes,  an  amiual 
tax  not  to  exceed  three  cents  on  the  one  hundred  dollars  valuation 
to  pay  the  accruinj;;;  interest  on  all  the  certificates  of  indebtedness, 
the  proceeds  of  which  tax  shall  be  paid  into  the  state  treasury  and 
appropriated  and  paid  out  for  the  specific  purj^ose  herein  mentioned. 

(November  4,  1902) 

Art.  10.  Sec.  11.  (Add  thereto  after  the  word  '"indebtedness"  in 
the  last  line  of  said  section,  the  following:) 

'^  Provided  that  the  city  of  St.  Louis  may  levy  for  mnnicipal  pur- 
poses, in  addition  to  the  nnMiici])al  rate  of  taxation  above  ])r()vided, 
a  rate  not  exceeding  the  rate  which  would  be  allowed  for  county  pur- 
poses if  the  said  city  were  a  part  of  a  county." 


2278  Missouri— 1875 

(Noveml)er  4,  1902) 

Art.  IX.  Sec.  22.  (Repealed,  and  the  following  enacted  in  lien 
thereof:) 

"  Sec.  22.  The  charter  so  ratified  may  be  amended  by  proposals 
therefor  submitted  by  the  lawmaking  authorities  of  the  city  to  the 
qualified  voters  thereof,  at  a  general  or  special  election  held  at  least 
sixty  days  after  the  publication  of  such  proposals  and  accepted  by 
three-fifths  of  the  qualified  voters  voting  for  or  against  each  of  said 
amendments  so  submitted ;  and  the  lawmaking  authorities  of  such 
city  may  order  an  election  by  the  qualified  voters  of  the  city  of  a 
board  of  thirteen  freeholders  of  such  city  to  prepare  a  new  charter 
for  such  city,  which  said  charter  shall  be  in  harmonjr  with  and  suIj- 
ject  to  the  constitution  and  laws  of  the  State,  and  shall  provide, 
among  other  things,  for  a  chief  executive,  and  at  least  one  house  of 
legislation  to  be  elected  by  general  ticket.  Said  revised  charter  shall 
be  submitted  to  the  qualified  voters  of  such  city  at  an  election  to  be 
held  not  less  than  twenty  nor  more  than  thirty  days  after  the  order 
therefor,  and  if  a  majority  of  such  qualified  voters  voting  at  such 
election  ratify  such  charter,  then  said  charter  shall  become  the  organic 
law  of  such  city,  and  sixty  days  thereafter  shall  take  effect  and  super- 
sede the  charter  of  such  city  and  all  special  laws  inconsistent  there- 
with." 

(November  4,  1902) 

Art.  X.  Sec.  12.  (Add  after  the  Avord  "same,"  in  the  last  line  of 
said  section,  the  following:) 

"  Provided,  that  in  the  city  of  St.  Louis  the  amount  of  bonds  now 
aggregating  $6,111,000,  that  being  the  amount  assumed  by  said  city 
in  the  scheme  of  separation  from  the  county  of  St.  Louis,  and  the  sum 
of  $5,808,000  heretofore  prior  to  January  1,  1901,  expended  in  the 
construction  of  waterworks  for  the  city  of  St.  Louis,  and  any  bonds 
Avhich  may  be  hereafter  issued  by  said  city  in  the  construction  and 
improvement  of  waterworks,  the  payment  of  the  interest  whereon  and 
the  princii^al  whereof  shall  be  provided  from  the  revenues  of  said 
w^aterworks;  that  is  to  say,  the  amount  of  said  bonds  which  shall  be 
outstanding  at  any  time  shall  not  be  included  in  the  computation  of 
the  existing  bonded  indebtedness  in  determining  the  amount  of  bonds 
authorized  to  be  issued  by  said  city  with  the  assent  of  two-thirds  of 
the  voters  under  the  provisions  of  this  article,  but  said  city  shall  be 
authorized  at  any  time  to  issue  bonds  with  the  assent  aforesaid  to  an 
amount  including  outstanding  indebtedness  other  than  that  above 
named,  to  the  amount  of  five  per  cent,  of  the  value  of  the  taxable 
property  in  said  city,  to  be  ascertained  as  above  provided,  and  said 
city  shall  have  power,  with  such  assent  of  the  voters,  to  issue  bonds 
for  the  construction  and  imjirovement  of  waterworks,  the  interest 
whereon  and  the  principal  whereof  shall  be  provided  for  from  the 
income  of  said  Avaterworks.  Said  city  shall  establish  a  sinking  fund 
for  the  payment  of  the  bonds  so  authorized  according  to  the  times 
fixed  from  the  maturity  of  the  same :  Provided,  further,  that  in  the 
city  of  Kansas  City,  the  amount  of  bonds  issued  by  said  city,  bear- 
ing date  July  1,  1895,  for  acquiring  waterworks  and  all  bonds  here- 
after issued  in  renewal  of  said  bonds  or  any  portion  thereof  shall  not 
be  included  in  the  computation  of  the  existing  liondcd  indel)tedness 
of  said  citv  in  determining  the  amount  of  bonds  authorized  to  be 


Missouri— 1875  2279 

issued  by  said  city,  with  the  assent  of  two-thirds  of  the  voters  under 
the  provisions  of  this  article,  but  said  city  shall  be  authorized  at  any 
time  to  issue  Ijonds  with  the  assent  aforesaid  to  an  amount  inchiding 
outstanding  indebtedness,  other  than  that  above  named,  to  the  amount 
of  five  per  centum  of  the  value  of  the  taxable  property  in  said  city 
to  be  ascertained  as  above  specified." 

(Xoveiiiher  4.  1902) 

Art.  X.  Sec.  11.  Amended  by  striking  out  the  following  sentence 
contained  in  the  twenty-third  and  twenty-fourth  lines  of  said  section: 
"  P"or  school  purposes  in  districts,  the  annual  rate  on  property  shall 
not  exceed  forty  cents  on  the  hundred  dollars  valuation,"  and  insert- 
ing in  lieu  thereof  Jhe  following  sentence:) 

"  For  school  purposes  in  districts  composed  of  cities,  which  have  one 
hundred  thousand  inhabitants  or  more  the  annual  rate  on  property 
shall  not  exceed  sixty  cents  on  the  hundred  dollars  valuation;  and  in 
other  districts,  forty  cents  on  the  hundred  dollars  valuation." 

(November  4.  1902) 

Art.  IX.  Sec.  8.   (Amended  so  as  to  read:) 

"  Sec.  8.  Township  organization — county  justices. — The  general 
assembly  may  provide,  by  general  law,  for  township  organization, 
under  which  any  county  may  organize  whenever  a  majority  of  the 
legal  voters  of  such  county,  voting  upon  that  proposition,  at  any 
general  election,  shall  so  determine,  and  whenever  any  county  shall 
adopt  township  organization  so  much  of  this  constitution  as  provides 
for  the  management  of  county  affairs,  and  the  assessment  and  collec- 
tion of  revenue  l)y  county  officers  in  conflict  with  such  general  law  for 
township  organizati(m  may  be  dispensed  with,  and  the  business  of 
said  county  and  the  local  concerns  of  the  several  townships  therein, 
may  be  transacted  in  such  manner  as  may  be  prescribed  by  law : 
Provided,  that  the  justices  of  the  county  court  in  such  cases  shall  not 
exceed  three  in  number." 

(Noveiiiliet-  4.  1902) 

Art.  X.  Sec.  12a.  Anv  cit\'  in  the  state  containing  not  more  than 
thirty  thousand  (:^0.000)' nor  "less  than  two  thousand  (2,000)  inhabit- 
ants, may,  Avith  the  assent  of  two-thirds  of  the  voters  thereof  voting 
at  an  election  to  be  held  foi'  that  purpose  be  allowed  to  l)ecome  in- 
debted in  a  larger  amount  than  s{)ecified  in  Section  12,  of  Article  ten 
(X)  of  the  constitution  of  the  state,  not  exceeding  an  additional  five 
(5)  per  centum  on  the  value  of  the  taxable  property  therein,  for  the 
purpose  of  purchasing  or  constructing  waterworks,  electric  or  other 
light  plants,  to  be  OAvned  exclusively  by  the  city  so  purchasing  or  con- 
structing the  same:  Provided,  that  any  such  city  incurring  any  such 
indebtedness  requiring  the  assent  of  the  voters  as  aforesaid,  shall 
have  the  power  to  provide  for,  and,  before  or  at  the  time  of  incurring 
such  indebtedness,  shall  ]U'ovide  for  the  collection  of  an  annual  tax 
in  addition  to  the  other  taxes  jirovided  for  by  this  constitution,  suffi- 
cient to  pay  the  interest  on  such  indebtedness  as  it  falls  due,  and  also 
to  constitute  a  sinking  fimd  for  the  payment  of  the  principal  thereof, 
within  tAventy  years  from  the  time  of  contracting  the  same,  an}'  pro- 
vision in  this  constitution  to  the  contrar}^  notwithstanding." 

a  Laws  of  Missouri.  190.").  pp.  ;^,l.'^-:^25. 


MONTANA 


For  organic  arts  issued  before  lS(i4  relating  to  the  land  imw  included  within 
Montana  see  in  this  work: 

Treaty  Coding  Louisiana,  1803  (Louisiana,  p.  1359). 

District  of  Louisiana.  1S04   (Louisiana,  p.  1.364). 

Territory  of  Louisiana.  ISO-")   (Louisiana,  p.  1371). 

Territory  of  .Missouri.   ISTJ   (Missouri,  p.  2139). 

Convention  with  (ireat  Britain,  181S  (Oregon,  p.  2983). 

Convention  with  Itussia.  1824  (Oregon,  p.  2983). 

Act    for   Government    of    the    Indian    Country,    18.34    (Indian    'IVrritory. 

p.  1097). 
Treaty  with  Great  Britain,  1840  (Oregon,  p.  2985). 
Territory  of  Oregon,  1848  (Oregon,  p.  2980). 
Territory  of  Washington.  18."3   (Washington.  [).  .3903). 
Territory  of  Xelirask;i.  18.")4   (Kansas.  ]).  IKJl). 
Territory  of  Idaho,  1803- (Idaho,  ji.  '.t05). 


TEMPORARY  GOVERNMENT  FOR  THE  TERRITORY  OF  MONTANA— 

1864 " 

rTlITRTY-EIGHTII    CONGRESS.    FiRST    Se.S.SION'I 

Be  it  enartf<]  hy  the  Senate  and  Tlo'itfie  of  Repres^entatlrei^  of  the 
United  Statef<  of  Anier-ica  in  Coiu/res.^  a.s.se^yihlcff.  That  all  that  part 
of  the  ten'itorv  of  the  United  States  includod  ^vitllin  the  Hniits, 
to  wit  :  Comiuencino;  at  a  point  formed  bv  the  intersection  of  the 
twenty-seventh  degree  of  longitnde  west  from  Washington  with  the 
forty-fifth  degree  of  north  latitnde;  thence  dne  west  on  said  forty- 
fifth  degree  of  latitude  to  a  point  formed  l)y  its  intersection  with  the 
thirty-fourth  degree  of  longitude  west  from  "Washington:  thence 
due  south  along  said  thirty-fourth  degree  of  longitude  to  its  inter- 
section with  the  forty-fourth  degree  and  thirty  minutes  of  north 
latitude;  thence  due  west  along  said  forty-fourth  degree  and  thirty 
minutes  of  north  latitude  to  a  ])oint  formed  by  its  intersection  with 
the  crest  of  the  Kocky  Mountains;  thence  following  the  crest  of  the 


a  For  other  statutes  of  an  organic  nature  relating  to  Montana  suhseiiuent  to 
18('»4  see  an  act  to  regulate  elective  franchise  in.  .lanu.ary  25.  1807;  to  prohibit 
special  acts  of  incorporation,  revive  legislative  ])owers,  and  reorg.-uiize  the 
legislature.  March  2,  18(17;  to  fix  the  term  of  oHice  of  territorial  house  of 
represent.itives  and  to  ])rovide  for  bieiunal  elections,  .March  1,  1809;  to  empower 
legisl.-itnre  to  jtass  general  laws  for  the  incorpoi'ation  of  ci'rtain  compiinies. 
June  10.  1872:  to  linut  the  dur.Mtion  of  sessions  of  legislative  sessions  and  to 
lix  the  pay  of  memlu'rs.  .January  2."..  1.S7:'. ;  to  fix  numiter  of  members  ;in<l  com- 
IK-nsation  of  each  house  of  legisl.-iture.  .June  I'.t.  1.S7S.  .June  27.  1.S79;  (o  reap- 
portion members  of  legisl.-itnre.  .hnu'  :!.  ISSU ;  to  limit  legislature's  jiower  to 
pass  si»ecial  acts  of  incorporation.  .Manh  :'>.  1885;  to  reorganize  courts.  July 
10,  188(>;  to  prohibit  various  forms  of  special  legislation,  July  30,  1880. 

2281 


2282  Montana— 1864 

Rocky  Mountains  northward  till  its  intersection  with  the  Bitter 
Root  Mountains;  thence  northward  along  the  crest  of  said  Bitter 
Root  Mountains  to  its  intersection  with  the  thirty-ninth  degree  of 
longitude  west  from  Washington;  thence  along  said  thirtj^-ninth 
degree  of  longitude  northward  to  the  boundary  line  of  the  British 
possessions;  thence  eastward  along  said  boundary  line  to  the  twenty- 
seventh  degree  of  longitude  west  from  Washington;  thence  south- 
ward along  said  twenty-seventh  degree  of  longitude  to  the  place  of 
beginning,  be,  and  the  same  is  hereby,  created  into  a  temporary  gov- 
ernment by  the  name  of  the  Territory  of  Montana:  Provided.,  That 
nothing  in  this  act  contained  shall  be  construed  to  inhibit  the  govern- 
ment of  the  United  States  from  dividing  said  territory  or  changing 
its  boundaries  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- 
vided, 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  unex- 
tinguished by  treaty  between  the  United  States  and  such  Indians, 
or  to  include  any  territory  which,  by  treaty  Avith  any  Indian  tribes, 
is  not,  Avithout  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  Montana,  until  said  tribe  shall  signify 
their  assent  to  the  President  of  the  United  States  to  be  included 
within  said  territory,  or  to  affect  the  authority  of  the  government  of 
the  United  States  to  make  any  regulations  respecting  such  Indians, 
their  lands,  j^roperty,  or  other  rights,  by  treaty,  law,  or  otherwise, 
which  it  would  have  been  competent  for  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  Montana  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  territory,  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  commission  all  officers  who  shall  be  appointed  to  office  under  the 
laws  of  the  said  territory,  and  shall  take  care  that  the  laws  be  faith- 
fully 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  four 
years,  unless  sooner  removed  by  the  President  of  the  United  States; 
he  shall  record  and  preserve  all  laws  and  proceedings  of  the  legisla- 
tive 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  journals  of  the  legislative  assembly  within 
thirty  days  after  the  end  of  each  session,  and  one  copy  of  the  execu- 
tive proceedings  and  official  correspondence  semi-annually,  on  the 
first  days  of  January  and  July  in  each  year,  to  the  President  of  the 


Montana— 1864  2283 

United  States,  and  two  copies  of  the  laws  to  the  president  of  the  sen- 
ate and  to  the  speaker  of  the  house  of  representatives,  for  the  use  of 
congress.  And  in  case  of  the  death,  removal,  resignation,  or  al)sence 
of  the  governor  from  the  territory,  the  secretary  shall  be,  and  he  is 
hereby,  authorized  and  re(iiiired  to  execute  and  perform  all  the  pow- 
ers and  duties  of  the  governor  during  such  vacancy  or  absence,  or 
until  another  governor  shall  be  duly  appointed  and  qualified  to  fill 
such  vacancy. 

Sec.  4.  And  be  it  fni'tJier  enacted^  That  the  legislative  power  aud 
authority  of  said  territory  shall  be  vested  in  the  governor  and  a  legis- 
lative asseml)ly.  The  legislative  assembly  shall  consist  of  a  council 
and  house  of  rej^resentatives.  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  prescribed  for  the  members  of  the 
council,  and  whose  term  of  service  shall  continue  one  year.  The  num- 
ber of  representatives  may  be  increased  by  the  legislative  assembly, 
from  time  to  time,  to  twenty-six,  in  proportion  to  the  increase  of 
qualihed  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  Avhich  they 
may  be  elected  respectively.  Previous  to  the  first  election  the  gov- 
ernor shall  cause  a  census  or  enumeration  of  the  inhabitants  aud  (jual- 
ified  voters  of  the  several  counties  sukI  districts  of  the  territory  to  be 
taken  by  such  i)ers()ns  and  in  such  mode  as  the  goveruoi-  shall  desig- 
nate and  appoint,  and  the  person  so  api)<)inted  shall  receive  a  i-eason- 
able  compensation  therefor.  And  the  first  election  shall  be  held  at 
such  time  and  ])laces.  and  be  conducted  in  such  a  manner,  both  as  to 
the  persons  who  shall  superintend  such  election  and  the  returns 
thereof,  as  the  governor  shall  ai)point  and  direct;  and  he  shall  at  the 
same  time  declare  the  number  of  membcn-s  of  the  council  and  house  of 
representatives  to  which  each  of  the  counties  or  districts  shall  be  en- 
titled under  this  act.  The  ])ersons  having  the  highest  number  of 
legal  votes  iu  each  of  said  council  districts,  respectively,  for  members 
of  the  council,  shall  be  declared  by  the  governor  to  be  duly  elected  to 
the  council ;  and  the  persons  having  the  highest  nmnber  of  legal 
votes  for  the  house  of  representatives  in  each  of  said  representative 
districts,  respectively,  shall  be  declared  by  the  governor  to  be  duly 
elected  members  of  said  house:  Pro  ruled.  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  i)ersons 
thus  elected  to  the  legislative  assembly  shall  meet  at  such  j^lace  and  on 
such  day  as  the  governor  shall  appoint:  but  thereafter  the  time, 
place,  and  uumner  of  holding  and  conducting  all  elections  by  the  peo- 
ple, and  the  a|)portioning  the  representation  in  the  several  counties  or 
districts  to  the  council  ami  house  of  rei)resentatives,  according  to  the 
number  of  qualified  voters,  shall  l)e  prescribed  by  law.  as  well  as  the 
day  of  the  connnencenient  of  the  regidar  sessions  of  the  leirislative 


2284  Montana— 1801^ 

assembly:  Provided^  That  no  session  in  any  one  year  shall  exceed  the 
term  of  forty  clays,  except  the  first  session,  which  may  continue  sixty 
days. 

Sec.  5.  Aiid  he  it  further  enacted^  That  all  citizens  of  the  United 
States,  and  those  who  have  declared  their  intentions  to  become  such, 
and  Avho  are  otherwise  described  and  qualified  under  the  fifth  section 
of  the  act  of  congress  providing  for  a  temporary  government  for 
the  territory  of  Idaho,  approved  March  third,  eighteen  hundred  and 
sixty-three,  shall  be  entitled  to  vote  at  said  first  election,  and  shall 
be  eligible  to  any  office  within  the  said  territory  ;  but  the  (jualifications 
of  voters,  and  of  holding  office,  at  all  subsequent  elections,  shall  be 
such  as  shall  be  prescribed  by  the  legislative  assembly. 

Sec.  6.  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  pro- 
visions of  this  act ;  but  no  law^  shall  be  passed  interfering  with  the 
primary  disposal  of  the  soil;  no  tax  shall  be  imposed  upon  the  prop- 
erty of  the  United  States,  nor  shall  the  lands  or  other  propert}^  of 
non-residents  be  taxed  higher  than  the  lands  or  other  proj)erty  of 
residents.  Every  bill  which  shall  have  passed  the  council  and  house 
of  representatives  of  the  said  territory  shall,  before  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  originated,  who  shall  enter  the  objections  at  large 
upon  their  journal,  and  proceed  to  reconsider  it.  If,  after  such 
reconsideration,  two  thirds  of  that  house  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  together  with  the  objections,  to  the  other  house,  by 
which  it  shall  likewise  be  reconsidered,  and,  if  approved  by  two 
thirds  of  that  house,  it  shall  become  a  law.  But  in  all  such  cases  the 
votes  of  both  houses  shall  be  determined  by  yeas  and  nays,  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  adjourn- 
ment, prevent  its  return;  in  which  case  it  shall  not  be  a  law:  Pro- 
rided,  That  whereas  slavery  is  prohibited  in  said  territory  by  act  of 
congress  of  June  nineteenth,  eighteen  hundred  and  sixty-two,  noth- 
ing herein  contained  shall  be  construed  to  authorize  or  permit  its 
existence  therein. 

Sec.  7.  Aiid  he  it  further  enacted^  That  all  township,  districts,  and 
county  offices,  not  herein  otherwise  provided  for,  shall  be  appointed 
or  elected,  as  the  case  may  be,  in  such  manner  as  shall  be  i)rovided 
by  the  governor  and  legislative  assembly  of  the  Territory  of  Montana. 
The  governor  shall  nominate,  and,  by  and  with  the  advice  and  con- 
sent of  the  legislative  council,  appoint  all  officers  not  herein  other- 
wise provided  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  districts  for  members  of  the  council  and  house  of  repre- 
sentatives, and  all  other  officers. 

Sec.  8.  And  he  it  further  enacted.  That  no  member  of  the  legisla- 
tive assembly  shall  hold  or  be  ai^pointed  to  any  office  which  shall  have 
been  created,  or  the  salarv  or  emoluments  of  which  shall  have  been 
increased  w  hile  he  was  a  member,  during  the  term  for  which  he  w^as 


Montana— 1864-  2285 

elected,  and  for  one  year  after  the  expiration  of  such  term;  but  this 
restriction  shall  not  be  applicable  to  members  of  the  first  legishitive 
assembly.  And  no  person  holdin<r  a  commission  or  a])i)ointment 
nnder  the  United  States,  except  postmasters,  shall  be  a  member  of 
the  le<>islative  assembly,  or  shall  hold  an}^  office  nnder  the  government 
of  said  territory. 

Sec.  9.  And  be  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  sui)reme  court  shall  con- 
sist of  a  chief-justice  and  two  associate  justices,  any  two  of  whom 
shall  constitute  a  (|ii<)rum,  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 
probate  courts  and  of  justices  of  the  peace,  shall  be  limited  by  law: 
Provided,  That  justices  of  the  peace  shall  not  have  jurisdiction  of 
any  matter  in  controversy  when  the  title  of  land  may  be  in  dispute, 
or  where  the  debt  or  sum  cl.aimed  shall  exceed  one  hundred  dollars; 
and  the  said  supreme  and  district  courts,  respectiveh%  shall  possess 
chancery  as  well  as  common-law  jurisdiction.  Each  district  court, 
or  the  judge  thereof,  shall  apj)oint  its  clerk,  who  shall  also  be  the 
register  in  chancery,  and  shall  keep  his  office  at  the  place  where  the 
court  may  he  held.  Writs  of  error,  bills  of  exceptions,  and  appeals, 
shall  be  allowed  in  all  cases  from  the  final  decision  of  said  district 
courts  to  the  suj^reme  court,  under  such  regulations  as  may  be  pre- 
scribed by  laAV.  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  supreme  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,  of  the  amount  in  controversy,  to  be  ascertained  by 
the  oath  or  affirmation  of  either  party,  or  other  competent  witnesses, 
shall  exceed  one  thousand  dollars,  excejDt  that  a  writ  of  error  or 
aj^peal  shall  be  allowed  to  the  supreme  court  of  the  United  States 
from  the  decision  of  the  said  suj)reme  court  created  by  this  act,  or 
of  any  judge  thei'eof.  or  of  the  disti'ict  coui'ts  created  by  this  act.  oi'  of 
any  judgi'  thereof,  upon  any  writs  of  habeas  corpus  involving  the 
question  of  personal  fivedom.  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  fii-st 
six  days  of  every  term  of  said  courts,  or  so  much  thereof  as  shall  I)e 
necessary,  shall  be  a])|)i'opriated  to  the  trial  of  causes  arising  uuder 
the  said  constitution  aud  laws:  ;ind  writs  of  erroi'  and  appeal  in 
all  such  cases  shall  be  made  to  the  supreme  court  of  said  tei'ritory 
the  same  as  in  other  cases.     The  said  clerks  shall  receive,  in  all  such 


2286  Montana— 1864 

cases,  the  same  fees  which  the  clerks  of  the  district  courts  of  Wash- 
ington Territory  now  receive  for  simihir  services. 

Sec.  10.  And  be  it  further  enacted,  That  there  shall  be  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  United  States,  and  who  shall  receive 
the  same  fees  and  salary  as  the  attorney  of  the  United  States  for  the 
present  Territory  of  AVashington.  There  shall  also  be  a  marshal  for 
the  territory  apjiointed,  who  shall  hold  his  office  for  four  years,  and 
until  his  successor  shall  be  appointed  and  ([ualified,  unless  sooner 
removed  by  the  President  of  the  United  States,  and  Avho  shall  exe- 
cute 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  pen- 
alties, 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  com- 
pensation for  extra  services.  There  shall  also  be  appointed  by  the 
President  of  the  United  States,  by  and  with  the  advice  and  consent 
of  the  Senate,  a  surveyor-general  for  said  territory,  who  shall  locate 
his  office  at  such  place  as  the  Secretary  of  the  Interior  shall  from  time 
to  time  direct,  and  whose  duties,  powers,  obligations,  responsibilities, 
compensations,  and  allowances  for  clerk-hire,  office-rent,  fuel,  and 
incidental  expenses,  shall  be  the  same  as  those  of  the  surveyor-gen- 
eral of  New  Mexico,  under  the  direction  of  the  Secretary  of  the 
Interior,  and  such  instructions  as  he  may  from  time  to  time  deem  it 
advisable  to  give. 

Sec.  11.  And  he  it  further  enacted,  That  the  governor,  the  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  assuch,  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  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  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  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, 
or  before  the  chief  justice  or  some  associate  justice  of  the  supreme 
court  of  the  United  States,  Avhich  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,  cei'tified,  and  recoi'ded  in  such  manner  and 
form  as  nuiy  be  ])rescril)ed  by  law.  And  any  person  Avho  has  here- 
tofore been  appointed  chief  justice  or  associate  justice  of  the  Terri- 
tory of  Idaho,  who  has  not  yet  taken  the  oath  of  office,  as  prescribed 
by  the  acts  organizing  said  territory,  may  take  oath  or  affirnuition 


Montana— 1864  2287 

before  the  chief  justice  or  some  associate  justice  of  the  supreme  court 
of  the  United  States.  The  governor  shall  receive  an  annual  salary 
of  two  thousand  five  hundred  dollars;  the  chief  justice  and  associate 
justices  shall  receive  an  annual  salary  of  two  thcmsand  five  hundred 
dollars;  the  secretary  shall  receive  an  annual  salary  of  two  thousand 
dollars.  The  said  salaries  shall  be  j)aid  (quarter-yearly  from  the  dates 
of  the  respective  api)ointments  at  the  treasury  of  the  United  States; 
but  no  payment  shall  be  nuide  until  said  officers  shall  have  entered 
ui)on  the  duties  of  their  respective  appointments.  The  members  of 
the  legislative  assembly  shall  be  entitled  to  receive  four  dollars  each  per 
day  (luring-  theii*  attendance  at  the  sessions  thereof,  and  four  dollars 
each  for  e\'ery  twenty  miles' travel  in  goingtoand  retui'ning  from  said 
sessions,  estimated  according  to  the  nearest  usually  travelled  route; 
and  an  additional  allowance  of  four  dollars  i)er  day  shall  be  paid 
to  the  presiding  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  assembh';  but  no  other  officers  shall  be  paid  by  the  United 
States:  Provided,  That  there  shall  be  but  one  session  of  the  legisla- 
tive assembly  annually,  unless,  on  an  extraordinary  occasion,  the  gov- 
ernor shall  think  proper  to  call  the  legislative  assembly  together. 
There  shall  be  apjDropriated  annuallj'^  the  usual  sum,  to  be  expended 
by  the  governor,  to  defray  the  contingent  expenses  of  the  territory, 
including  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  estinuite  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  governor  and  secre- 
tary of  the  territory  shall,  in  the  disbursement  of  all  moneys  entrusted 
to  them,  be  governed  solely  by  the  instructions  of  the  Secretary  of  the 
Treasury  of  the  United  States,  and  shall  semi-annually  account  to 
the  said  secretary  for  the  manner  in  which  tlie  aforesaid  numeys 
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  bayond  the  sums  thus 
appropriated  for  such  objects. 

Sec.  12.  And  he  it  further  enaeted^  That  the  legislative  assembly  of 
the  Territory  of  Montana  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  governuient  for  said  territory  at 
such  jilare  as  th(\v  may  deem  eligible:  Proi'idcd,  That  the  seat  of  jrov- 
ernment  fixed  i)y  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  TTnited  States,  to  serve  for  the  term  of  two 
years,  who  shall  be  a  citizen  of  the  United  States,  may  be  elected  by 


2288  Montana— 1864 

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  which  he  shall  be  elected.  The  first  election  shall  be  held  at  such 
time  and  ])laces,  and  be  conducted  in  such  manner,  as  the  governor 
shall  appoint  and  direct ;  and  at  all  subsequent  elections  the  time  and 
places,  and  manner  of  holding  the  elections,  shall  be  prescribed  by 
law.  The  person  having  the  greatest  number  of  legal  votes  shall  be 
declared  by  the  governor  to  be  didy  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  Montana  as  else- 
where Avithin  tlie  United  States. 

Sec.  14.  ^ind  be  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  ter- 
ritory shall  be,  and  the  same  are  hereby  reserved  for  the  purpose  of 
beiiig  applied  to  schools  in  said  territory  and  in  the  states  and  terri- 
tories hereafter  to  be  erected  out  of  the  same. 

Sec.  15.  And  he  it  further  enacted,  That,  imtil  otherwise  provided 
by  law,  the  governor  of  said  territory  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  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  proj^er  and  convenient. 

Sec.  If).  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  IMontana,  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 
intrusted  with  them*  for  disbursement,  shall  give  such  security  at 
such  time  and  in  such  manner  as  the  Secretary  of  the  Treasury  may 
prescribe. 

Sec.  it.  ^Ind  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  territory  embraced  Avithin  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  Avhich  are  noAv  prescribed 
by  law,  except  that  the  President  of  the  United  States  may,  at  his 
discretion,  change  the  location  of  the  office  of  said  agencies  or 
superintendencies. 

Sec.  18.  And  he  it  further  enacted.  That,  until  congress  shall  other- 
Avise  direct,  all  that  part  of  the  Territory  of  Idaho  included  Avithin 
the  folloAA'ing  boundaries,  to  wit :  Commencing  at  a  jjoint  formed  by 


Montana— 1889  2289 

the  intersection  of  the  thirty-third  degree  of  longitude  west  from 
Washington  with  the  forty-first  degree  of  north  hititude;  tlience- 
along  said  thirty-third  degree  of  h)ngitude  to  the  crest  of  the  liocln'^ 
Mountains;  thence  northward  ah)ng  the  said  crest  of  the  liocky 
Mountains  to  its  intersection  with  the  forty-fourth  degree  and  thirty 
minutes  of  north  hititude;  thence  eastward  aknig  said  fort3'-fourth 
degree  thirty  minutes  north  latitude  to  the  thirty-fourth  degree  of 
longitude  west  from  "Washington;  thence  nortlnvard  along  said  tiiirty- 
fourth  degree  of  longitude  to  its  intersection  with  the  forty-fifth 
degree  north  latitude;  thence  eastward  along  said  forty-fifth  degree 
of  north  latitude  to  its  intersection  with  the  twenty-seventh  degree  of 
longitude  west  from  Washington;  thence  south  along  said  twenty- 
seventh  degree  of  longitude  west  from  Washington  to  the  forty-first 
degree  north  latitude:  thence  west  along  said  forty-first  degree  of 
latitude  to  the  place  of  beginning,  shall  be,  and  is  hereby,  incorpo- 
rated temporarily  into  and  made  i)art  of  the  Territory  of  Dakota. 
Approved,  ^May  20,  1804. 


ENABLING  ACT  FOR  MONTANA— 1889 

[Fifty-first  Congress,  First  Skssion  | 

An  Act  to  provide  for  the  division  of  Dakota  into  two  states  and  to  enaltle  the 
people  of  Nortli  Dal^ota.  Sonth  Dalcota.  .Montana  and  Wasliin.iiton  to  form  c-on- 
stitntionsand  state  jjovenuuents  and  to  be  admitted  into  the  rniou  on  an  e(iual 
footing  with  the  original  states,  and  to  make  donations  of  public  lands  to  such 
states 

[Section  1.]  Be  it  tnueted  by  the  Senate  and  Iloufie  of  Representa- 
tives of  the  United  States  of  America  in  Congress  Assembled :  That 
the  inhabitants  of  all  that  part  of  the  area  of  the  United  States  now 
constituting  the  Territories  of  Dakota,  Montana  and  Washington,  as 
at  present  described,  may  become  the  States  of  North  Dakota.  South 
Dakota,  Montana  and  Washington,  respectively,  as  hereinafter  i)i"o- 
vided. 

Sec.  2.  The  area  comi)rising  the  Territory  of  Dakota  shall,  for  the 
purposes  of  this  act.  be  divided  on  the  line  of  the  seventh  standard 
parallel  produced  due  west  to  the  western  boundary  of  said  territory; 
and  the  delegates  elected  as  hereinafter  provided  to  the  constitutional 
convention  in  districts  north  of  said  parallel  shall  assemble  in  con- 
vention, at  the  time  prescribed  in  this  act,  at  the  city  of  Bismarck; 
and  the  delegates  elected  in  districts  south  of  said  ]iarallel  shall,  at 
the  same  time,  assemble  in  convention  at  the  city  of  Sioux  Falls. 

Sec.  3.  That  all  persons  Avho  are  qualified  by  the  laws  of  said  terri- 
tories to  vote  for  representatives  to  the  legislative  assemblies  thereof, 
are  hereby  authorized  to  vote  for  and  choose  delegates  to  form  con- 
ventions in  said  proposed  states:  aiul  the  qualifications  for  delegates 
to  such  conventions  shall  be  such  as  by  the  laws  of  said  territories, 
respectively,  persons  are  required  to  possess  to  be  eligible  to  the  legis- 
lative assemblies  thereof:  and  the  aforesaid  delegates  to  form  said 
conventions  shall  be  apportioned  within  the  limits  of  the  i)roi)osed 
states,  in  such  districts  as  nuiy  be  established  as  herein  provided,  in 
proportion  to  the  population  of  each  of  such  counties  and  districte, 
7253— vol.  .^— 07 30 


2290  Montana— 1889 

as  near  as  may  be,  to  be  ascertained  at  the  time  of  making  said  appor- 
tionments by  the  persons  hereinafter  autliorized  to  make  the  same, 
from  the  best  information  obtainable,  in  each  of  which  districts  tliree 
delegates  shall  be  elected,  but  no  elector  shall  vote  for  more  than  two 
persons  for  delegates  to  such  conventions;  that  said  apportionments 
shall  be  made  by  the  governor,  and  chief  justice,  and  the  secretar}^  of 
said  territories;  and  the  governors  of  said  territories  shall,  by  procla- 
mation, order  an  election  of  the  delegates  aforesaid  in  each  of  said 
proposed  states,  to  be  held  on  the  Tuesday  after  the  second  INIonday 
in  May,  eighteen  hundred  and  eighty-nine,  which  proclamation  shall 
be  issued  on  the  fifteenth  day  of  April,  eighteen  hundred  and  eighty- 
nine;  and  such  election  shall  be  conducted,  the  returns  made,  the 
result  ascertained,  and  the  certificates  to  persons  elected  to  such  con- 
vention issued  in  the  same  manner  as  is  prescribed  by  the  laws  of 
said  territories  regulating  elections  therein  for  delegates  to  congress ; 
and  the  number  of  votes  cast  for  delegates  in  each  precinct  shall  also 
be  returned.  The  number  of  delegates  to  said  conventions,  respec- 
tively, shall  be  seventy-five;  and  all  persons  residents  in  said  proposed 
states,  who  are  qualified  voters  of  said  territories  as  herein  provided, 
shall  be  entitled  to  vote  upon  the  election  of  delegates,  and  under  such 
rules  and  regulations  as  said  conventions  may  prescribe,  not  in  con- 
flict Avith  this  act,  upon  the  ratification  or  rejection  of  the  constitu- 
tions. 

Sec.  4.  That  the  delegates  to  the  conventions  elected  as  provided 
for  in  this  act  shall  meet  at  the  seat  of  government  of  each  of  said 
territories,  except  the  delegates  elected  in  South  Dakota,  who  shall 
meet  at  the  city  of  Sioux  Falls,  on  the  fourth  day  of  July,  eighteen 
hundred  and  eighty-nine,  and,  after  organization,  shall  declare,  on 
behalf  of  the  people  of  said  proposed  states,  that  they  adopt  the 
constitution  of  the  United  States;  whereupon  the  said  conventions 
shall  be,  and  are  hereby,  authorized  to  form  constitutions  and  state 
governments  for  said  proposed  states,  respectively.  The  constitu- 
tions shall  be  republican  in  form,  and  make  no  distinction  in  civil 
or  political  rights  on  account  of  race  or  color,  except  as  to  Indians 
not  taxed,  and  not  be  repugnant  to  the  constitution  of  the  United 
States  and  the  principles  of  the  Declaration  of  Independence.  And 
said  convention  shall  provide,  by  ordinance  irrevocable  without  the 
consent  of  the  United  States  and  the  people  of  said  states:  Fin^f: 
That  perfect  toleration  of  religious  sentiment  shall  be  secured,  and 
that  no  inhabitant  of  said  states  shall  ever  be  molested  in  person  or 
property  on  account  of  his  or  her  mode  of  religious  worship.  Second : 
That  the  people  inhabiting  said  proposed  states  do  agree  and  declare 
that  they  forever  disclaim  all  right  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  Indian  or  Indian 
tribes;  and  that  until  the  title  thereto  shall  have  been  extinguished 
by  the  United  States,  the  same  shall  be  and  remain  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  shall  never  be  taxed  at  a  higher 
rate  than  the  lands  belonging  to  residents  thereof;  that  no  taxes  shall 
be  imposed  by  the  states  on  lands  or  property  therein  belonging  to 


Montana— 1889  2291 

or  which  may  hereafter  be  purchased  by  the  United  States  or  reserved 
for  its  use.  But  nothing  herein,  or  in  the  ordinances  herein  pro- 
vided for,  shall  preclude  the  said  states  from  taxing,  as  other  lands 
are  taxed,  any  lands  owned  or  held  by  any  Indian  who  has  severed 
his  tribal  relations,  and  has  obtained  from  the  United  States  or  from 
any  person  a  title  thereto,  by  j^atent  or  other  grant,  saA'e  and  except 
such  lands  as  have  been  or  may  be  granted  to  any  Indian  or  Indians 
under  any  act  of  congress  containing  a  provision  exempting  the  lands 
thus  granted  from  taxation ;  but  said  ordinances  shall  provide  that 
all  such  lands  shall  be  exempt  from  taxation  by  said  states  so  long 
and  to  such  extent  as  such  act  of  congress  may  prescribe.  Third: 
That  the  debts  and  liabilities  of  said  territories  shall  be  assumed  and 
paid  by  said  states.  resjDcctively.  Foartli :  That  provision  shall  be 
made  for  the  establishment  and  maintenance  of  systems  of  public 
schools,  which  shall  be  open  to  all  the  children  of  said  states  and  free 
from  sectarian  control. 

Sec.  5.  That  the  convention  which  shall  assemble  at  Bismarck 
shall  form  a  constitution  and  state  government  for  a  state  to  be  known 
as  North  Dakota,  and  the  convention  which  shall  assemble  at  Sioux 
Falls  shall  form  a  constitution  and  state  government  for  a  state  to  be 
known  as  South  Dakota  :  Proi'kled.  That  at  the  election  for  delegates 
to  the  constitutional  convention  in  South  Dakota,  as  hereinbefore  pro- 
vided, each  elector  may  have  written  or  printed  on  his  ballot  the 
words  "  For  the  Sioux  Falls  Constitution,"  or  the  words  "Against  the 
Sioux  Falls  Constitution,"  and  the  votes  on  this  question  shall  be 
returned  and  canvassed  in  the  same  manner  as  for  the  election  pro- 
vided for  in  section  three  of  this  act;  and  if  a  majority  of  all  votes 
cast  on  this  shall  be  '*  P^or  the  Sioux  Falls  Constitution,"  it  shall  be 
the  duty  of  the  convention  which  may  assemble  at  Sioux  Falls,  as 
herein  provided,  to  re-submit  to  the  people  of  South  Dakota,  for 
ratification  or  rejection  at  the  election  hereinafter  provided  for  in  this 
act,  the  constitution  framed  at  Sioux  Falls,  and  adopted  November 
third,  eighteen  hundred  and  eighty-five,  and  also  the  articles  and 
propositions  separately  submitted  at  that  election,  including  the  ques- 
tion of  locating  the  temporary  seat  of  government,  with  such  changes 
only  as  relate  to  the  name  and  boundary  of  the  proi)osed  state,  to  the 
reapportionment  of  the  judicial  and  legislative  districts,  and  such 
amendments  as  may  be  necessary  in  order  to  comply  with  the  pro- 
visions of  this  act,  and  if  a  majority  of  the  votes  cast  on  the  ratifica- 
tion or  rejection  of  the  constitution  shall  be  for  the  constitution, 
irrespective  of  the  articles  separately  submitted,  the  State  of  South 
Dakota  shall  be  admitted  as  a  state  in  the  Union  under  said  constitu- 
tion as  hereinafter  provided:  but  the  archives,  records,  and  books  of 
the  Territory  of  Dakota  shall  remain  at  Bismarck,  the  capital  of  North 
Dakota,  until  an  agreement  in  reference  thereto  is  reached  by  said 
states.  But  if  at  the  election  for  delegates  to  the  constitutional  con- 
vention in  South  Dakota  a  majority  of  all  the  votes  cast  at  that 
election  shall  be  ''Against  the  Sioux  Falls  Constitution.''  then  and  in 
that  event  |  it]  shall  be  the  duty  of  the  convention  which  will  assemble 
at  the  city  of  Sioux  Falls  on  the  fourth  day  of  July,  eighteen  hundred 
and  eighty-nine,  to  proceed  to  form  a  constitution  and  state  govern- 
ment as  provided  in  tliis  act  the  same  as  if  that  question  had  not  been 
submitted  to  a  vote  of  the  people  of  South  Dakota. 


2292  Montana— 1889 

Sec.  C.  It  shall  be  the  duty  of  the  constitutional  conventions  of 
North  Dakota  and  South  Dakota  to  appoint  a  joint  commission,  to 
be  composed  of  not  less  than  three  members  of  each  convention.  Avhose 
duty  it  shall  be  to  assemble  at  Bismarck,  the  present  seat  of  govern- 
ment of  said  territory,  and  agree  upon  an  equitable  division  of  all 
property  belonging  to  the  Territor}^  of  Dakota,  the  disposition  of  all 
public  records,  and  also  adjust  and  agree  upon  the  amount  of  the 
debts  and  liabilities  of  the  territory  which  shall  be  assumed  and  paid 
by  each  of  the  proposed  states  of  North  Dakota  and  South  Dakota ; 
and  the  agreement  reached  respecting  the  territorial  debts  and  lia- 
bilities shall  be  incorporated  in  the  respective  constitutions,  and  each 
of  said  states  shall  obligate  itself  to  pay  its  proportion  of  such  debts 
and  liabilities  the  same  as  if  they  had  been  created  by  such  states 
respectively. 

Sec.  7.  If  the  constitutions  formed  for  both  North  Dakota  and 
South  Dakota  shall  be  rejected  by  the  people  at  the  elections  for  the 
ratification  or  rejection  of  their  respective  constitutions  as  provided 
for  in  this  act,  the  territorial  government  of  Dakota  shall  continue 
in  existence  the  same  as  if  this  act  had  not  been  passed.  But  if  the 
constitution  formed  for  either  North  Dakota  or  South  Dakota  shall 
be  rejected  by  the  people,  that  part  of  the  territory  so  rejecting  its 
proposed  constitution  shall  continue  under  the  territorial  government 
of  the  present  Territory  of  Dakota,  but  shall,  after  the  state  adopting 
its  constitution  is  admitted  into  the  Union,  be  called  by  the  name  of 
the  Territory  of  North  Dakota,  or  South  Dakota,  as  the  same  may  be : 
Provided,  That  if  either  of  the  proposed  states  provided  for  in  this 
act  shall  reject  the  constitution  which  may  be  submitted  for  ratifica- 
tion or  rejection  at  the  election  provided  therefor,  the  governor  of 
the  territory  in  which  such  proposed  constitution  was  rejected  shall 
issue  his  proclamation  reconvening  the  delegates  elected  to  the  con- 
vention which  formed  such  rejected  constitution,  fixing  the  time  and 
place  at  which  said  delegates  shall  assemble :  and  when  so  assembled 
they  shall  proceed  to  form  another  constitution  or  to  amend  the  re- 
jected constitution,  and  shall  submit  such  new  constitution  or  amended 
constitution  to  the  people  of  the  proposed  state  for  ratification  or 
rejection,  at  such  time  as  said  convention  may  determine;  and  all  the 
provisions  of  this  act,  so  far  as  applicable,  shall  apply  to  such  con- 
vention so  reassembled  and  to  the  constitution  which  may  be  formed, 
its  ratification  or  rejection,  and  to  the  admission  of  the  proposed 
state. 

Sec.  8.  That  the  constitutional  convention  which  may  assemble  in 
South  Dakota  shall  provide  by  ordinance  for  resubmitting  the  Sioux 
Falls  constitution  of  eighteen  hundred  and  eighty-five,  after  having 
amended  the  same  as  provided  in  section  five  of  this  act,  to  the  people 
of  South  Dakota  for  ratification  or  rejection  at  an  election  to  be  held 
therein  on  the  first  Tuesday  in  October,  eighteen  hundred  and  eighty- 
nine  ;  but  if  said  constitutional  convention  is  authorized  and  required 
to  form  a  new  constitution  for  South  Dakota  it  shall  provide  for  sub- 
mitting the  same  in  like  manner  to  the  people  of  South  Dakota  for 
ratification  or  rejection  at  an  election  to  be  held  in  said  proposed  state 
on  the  said  first  Tuesday  in  October.  x\nd  the  constitutional  conven- 
tions which  may  assemble  in  North  Dakota,  Montana  and  Washing- 
ton shall  provide  in  like  manner  for  submitting  the  constitutions 


Montana— 1889  2293 

formed  by  them  to  the  people  of  said  proposed  states,  respectively, 
for  ratification  or  rejection  at  elections  to  be  held  in  said  proposed 
states  on  said  first  Tuesday  in  October.  At  the  elections  provided  in 
this  section  the  qualified" voters  of  said  proposed  states  shall  vote 
directly  for  or  against  the  proposed  constitutions,  and  for  or  against 
any  articles  or  propositions  separately  submitted.  The  returns  of 
said  elections  shall  be  made  to  the  secretary  of  each  of  said  territories, 
who.  with  the  governor  and  chief  justice  thereof,  or  any  two  of  them, 
shall  canvass  the  same:  and  if  a  majority  of  the  legal  votes  cast  shall 
be  for  the  constitution  the  governor  shall  certify  the  result  to  the 
president  of  the  United  States,  together  with  a  statement  of  the  votes 
cast  thereon  and  upon  separate  articles  or  propositions,  and  a  copy  of 
said  constitution,  articles,  propositions,  and  ordinances.  And  if  the 
constitutions  and  governments  of  said  proposed  states  are  republican 
in  form,  and  if  all  the  provisions  of  this  act  have  been  complied  Avith 
in  the  formation  thereof,  it  shall  be  the  duty  of  the  president  of  the 
United  States  to  issue  his  proclamation  announcing  the  result  of  the 
election  in  each,  and  thereupon  the  proposed  states  which  have 
adopted  constitutions  and  formed  state  governments  as  herein  pro- 
vided shall  be  deemed  admitted  by  congress  into  the  Union,  under  and 
by  virtue  of  this  act,  on  an  equal  footing  with  the  original  states, 
from  and  after  the  date  of  said  proclamation. 

Sec.  9.  That  until  the  next  general  census,  or  until  otherwise  pro- 
vided by  laAv,  said  states  shall  be  entitled  to  one  representative  in  the 
house  of  representatives  of  the  United  States,  except  South  Dakota, 
which  shall  be  entitled  to  two:  and  the  representatives  to  the  fifty- 
first  congress,  together  with  the  governors  and  other  officers  provided 
for  in  said  constitutions,  may  be  elected  on  the  same  day  of  the  elec- 
tion for  the  ratification  or  rejection  of  the  constitutions:  and  until 
said  state  officers  are  elected  and  qualified  under  the  provisions  of 
each  constitution  and  the  states,  respectively,  are  admitted  into  the 
Union,  the  territorial  officers  shall  continue  to  discharge  the  dtities 
of  their  respective  offices  in  each  of  said  territories. 

Sec.  10.  That  upon  the  admission  of  each  of  said  states  into  the 
Union,  sections  numbered  sixteen  and  thirty-six  in  every  township 
of  said  proposed  states,  and  where  such  section,  or  any  parts  thereof, 
have  been  sold  or  otherwise  disi)osed  of  by  or  under  the  authority  of 
any  act  of  congress,  other  lands  equivalent  thereto,  in  legal  sub- 
divisions of  not  less  than  one-qiuirter  section,  and  as  contiguous  as 
may  be  to  the  section  in  lieu  of  which  the  same  is  taken,  are  hereby 
granted  to  said  states  for  the  support  of  common  schools,  such  indem- 
nity lands  to  be  selected  Avithin  said  states  in  such  manner  as  the 
legislature  nuiy  provide,  with  the  approval  of  the  secretary  of  the 
interior:  Prorhled,  That  the  sixteenth  and  thirty-sixth  sections  em- 
braced in  permanent  reservations  for -national  j)urposes  shall  not,  at 
any  time,  be  sul)ject  to  the  grants  nor  to  the  indenniity  provisions  of 
this  act,  nor  shall  any  lands  eml)raced  in  Indian,  military,  or  other 
reservations  of  any  character,  be  subject  to  the  grants  or  to  the  in- 
demnity provisions  of  this  act  until  the  reservation  shall  have  been 
extinguished  and  such  lands  be  restored  to,  and  become  a  part  of,  the 
public  domain. 

Sec.  n.  That  all  lands  herein  granted  for  educational  pur|)oses 
shall  be  disposed  of  only  at  public  sale,  and  at  a  price  not  less  than 


2294  Montana— 1889 

ten  dollars  per  acre,  the  i>roceecls  to  constitute  a  permanent  school 
fund,  the  interest  of  which  only  shall  be  expended  in  the  sup})ort  of 
said  schools.  But  said  lands  may,  under  such  regulation  as  the  leg- 
islatures shall  prescribe,  be  leased  for  periods  of  not  more  than  five 
years,  in  quantities  not  exceeding  one  section  to  any  one  person  or 
company;  and  such  land  shall  not  be  subject  to  preemption,  home- 
stead entry,  or  any  other  entry  under  the  land  laws  of  the  United 
States,  whether  surveyed  or  unsurveyed,  but  shall  be  reserved  for 
school  j)mi50ses  only. 

Sec.  12.  That  upon  the  admission  of  each  of  said  states  into  the 
Union,  in  accordance  with  the  provisions  of  this  act,  fifty  sections 
of  the  unappropriated  public  lands  within  said  states,  to  be  selected 
and  located  in  legal  subdivisions,  as  provided  in  section  ten  of  this 
act,  shall  be,  and  are  hereby,  granted  to  said  states  for  the  purpose 
of  erecting  public  buildings  at  the  capital  of  said  states  for  legis- 
lative, executiA'e  and  judicial  purposes. 

Sec.  13.  That  five  per  centum  of  the  proceeds  of  the  sales  of  public 
lands  lying  within  said  states  which  shall  be  sold  by  the  United 
States  subsequent  to  the  admission  of  said  states  into  the  Union. 
after  deducting  all  the  expenses  incident  to  the  same,  shall  be  paid 
to  the  said  states,  to  be  used  as  a  permanent  fund,  the  interest  of 
which  only  shall  be  expended  for  the  support  of  common  schools 
within  said  states,  respectively. 

Sec.  14.  That  the  lands  granted  to  the  territories  of  Dakota  and 
Montana  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  states  of  South  Dakota,  Xorth  Dakota  and  Montana, 
respectively,  if  such  states  are  admitted  into  the  Union,  as  provided 
in  this  act,  to  the  extent  of  the  full  quantity  of  seventy-tAvo  sections 
to  each  of  said  states,  and  any  portion  of  said  land  that  may  not  have 
been  selected  by  either  of  said  territories  of  Dakota  or  Montana  may 
be  selected  by  the  respective  states  aforesaid;  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  constitute  a  permanent  fund 
to  be  safely  invested  and  held  by  said  states  severally,  and  the  income 
thereof  be  used  exclusively  for  university  piu'poses.  And  such  quan- 
tit}^  of  the  lands  authorized  by  the  fourth  section  of  the  act  of  Jnly 
seventeenth,  eighteen  hundred  and  and  fifty-four,  to  be  reserved  for 
university  purposes  in  the  Territory  of  Washington,  as,  together  with 
the  lands  confirmed  to  the  vendees  of  the  territory  by  the  act  of 
March  fourteenth,  eighteen  hundred  and  sixty-four,  will  make  the 
full  quantity  of  seventy-two  entire  sections,  are  hereby  granted  in 
the  like  manner  to  the  State  of  Washington  for  the  purposes  of  a 
universit}^  in  said  state.  None  of  the  lands  granted  in  this  section 
shall  be  sold  at  less  than  ten  dollars  per  acre;  but  said  lands  may  be 
leased  in  the  same  manner  as  provided  in  section  eleven  of  this  act. 
The  schools,  colleges  and  universities  provided  for  in  this  act  shall 
forever  remain  under  the  exclusive  control  of  the  said  states,  respec- 
tively, and  no  part  of  the  proceeds  arising  from  the  sale  or  disposal 
of  any  lands  herein  granted  for  educational  purposes  shall  be  for  the 
support  of  any  sectarian  or  denominational  school,  college  or  uni- 


Montana— 1889  2295 

versity.  The  section  of  land  irranted  by  the  act  of  June  sixteenth, 
eighteen  hundred  and  eighty,  to  the  Territory  of  Dakota  for  an 
asyhnn  for  the  insane  shall,  ui)on  the  admission  of  said  State  of 
South  Dakota  into  the  Union,  become  the  property  of  said  state. 

Sec.  15.  That  so  much  of  the  lands  belonging  to  the  United  States 
as  have  been  acquired  and  set  apart  for  the  purpose  mentioned  in 
"An  act  appropriating  money  for  the  erection  of  a  penitentiary  in  the 
Territory  of  Dakota,"  approved  March  second,  eighteen  hundred  and 
eighty-one,  together  with  the  buildings  thereon,  be  and  the  same  is 
hereby  granted,  together  with  any  unexpended  balances  of  the  moneys 
appropriated  therefor,  by  said  act,  to  said  State  of  South  Dakota,  for 
the  pui'poses  therein  designated ;  and  the  states  of  North  Dakota  and 
AYashington  shall,  respectively,  have  like  grants  for  the  same  purpose, 
and  subject  to  like  terms  and  conditions  as  provided  in  said  act  of 
March  second,  eighteen  hundred  and  eighty-one,  for  the  Territory  of 
Dakota.  The  penitentiary  at  Deer  Lodge  City,  ]Montana,  and  all 
lands  connected  therewith  and  set  apart  and  reserved  therefor,  are 
hereby  granted  to  the  State  of  Montana. 

Sec.  1G.  That  ninety  thousand  acres  of  land,  to  be  selected  and 
located  as  provided  in  section  ten  of  this  act,  are  hereby  granted  to 
each  of  said  states,  except  to  the  State  of  South  Dakota,  to  which  one 
hundred  and  twenty  thousand  agres  are  granted,  for  the  use  and  sup- 
port of  agricultural  colleges  in  said  states,  as  provided  in  the  acts  of 
congress  making  donations  of  lands  for  such  purpose. 

Sec.  17.  That  in  lieu  of  the  grant  of  land  for  i)urposes  of  internal 
improvement  [s]  made  to  new  states  by  the  eighth  section  of  the  act 
of  September  fourth,  eighteen  hundred  and  forty-one,  which  act  is 
hereby  repealed  as  to  the  states  provided  for  by  Ihis  act,  and  in  lieu 
of  any  claim  or  demand  by  the  said  states,  or  either  of  them,  under 
the  act  of  September  twenty-eighth,  eighteen  hundred  and  fifty,  and 
section  twenty-four  hundred  and  seventy-nine  of  the  revised  statutes, 
making  a  grant  of  sAvamp  and  overflowed  lands  to  certain  states, 
which  grant  it  is  hereby  declared  is  not  extended  to  the  states  pro- 
vided for  in  this  act,  and  in  lieu  of  any  grant  of  saline  lands  to  said 
states,  the  following  grants  of  land  are  hereby  made,  to  wit:  To  the 
State  of  Soutli  Dakota:  For  the  school  of  mines,  forty  thousand  acres; 
for  the  reform  school,  forty  thousand  acres;  for  the  deaf  and  dumb 
asylum,  forty  thousand  acres;  for  the  agricultural  college,  forty  thou- 
sand acres;  for  the  university,  forty  thousand  acres;  for  state  normal 
schools,  eighty  thousand  acres;  for  public  buildings  at  the  capital  of 
said  state,  fifty  thousand  acres,  and  for  such  other  educational  and 
charitable  purposes  as  the  legislature  of  said  state  may  determine, 
one  hundred  aiul  seventy  thousand  acres;  in  all  five  hundred  thousaiul 
acres.  To  the  State  of  North  Dakota  a  V\ko  (juantity  of  land  as  is  in 
this  section  granted  to  the  State  of  South  Dakota:  aiul  to  l)e  for  like 
purposes,  and  in  like  ])ro]iortion  as  far  as  practicable.  To  the  State 
of  Montana:  For  the  establishment  and  maintenance  of  a  school  of 
mines,  one  himdred  thousand  acres;  for  state  normal  schools,  one 
hundred  thousand  acres;  for  agricultural  colleges,  in  addition  to  the 
grant  hereinbefore  made  for  that  purj)ose,  fifty  thousand  acres;  for 
the  establishment  of  a  state  ivform  scliool,  fifty  thousand  acres;  for 
the  establishment  of  a  deaf  and  dumb  asylum,  lifty  thousand  acres; 
for  public  buildings  at  the  capital  of  the  state,  in  addition  to  the  grant 


2296  Montana— 1889 

hereinbefore  made  for  that  purpose,  one  hundred  and  fifty  thousand 
acres.  To  the  State  of  Washington  :  For  the  establishment  and  main- 
tenance of  a  scientific  school,  one  hundred  thousand  acres;  for  state 
normal  schools,  one  hundred  thousand  acres;  for  public  buildings  at 
the  state  capital,  in  addition  to  the  grant  hereinbefore  made  for  that 
purpose,  one  hundred  thousand  acres;  for  state  charitable,  educa- 
tional, penal  and  reformatorj^  institutions,  two  hundred  thousand 
acres.  That  the  states  provided  for  in  this  act  shall  not  be  entitled 
to  any  further  or  other  grants  of  land  for  any  purpose  than  as  ex- 
pressly provided  in  this  act.  And  the  lands  granted  by  this  section 
shall  be  held,  appropriated  and  disposed  of  exclusivelj^  for  the  pur- 
poses herein  mentioned,  in  such  manner  as  the  legislatures  of  the 
respective  states  may  severally  provide. 

Sec.  18.  That  all  mineral  lands  shall  be  exempted  from  the  grants 
made  by  this  act.  But  if  sections  sixteen  and  thirty-six  or  any  sub- 
divisions or  portion  of  any  smallest  subdivision  thereof  in  any  town- 
ship shall  be  found  by  the  department  of  the  interior  to  be  mineral 
lands,  said  states  are  hereby  authorized  and  empowered  to  select,  in 
legal  subdivisions,  an  equal  quantity  of  other  unappropriated  lands 
in  said  states,  in  lieu  thereof,  for  the  use  and  the  benefit  of  the  com- 
mon schools  of  said  states, 
schools  of  said  states.  » 

Sec.  19.  That  all  lands  granted  in  quantity  or  as  indemnity  by  this 
act  shall  be  selected,  under  the  direction  of  the  secretary  of  the  inte- 
rior, from  the  surveyed,  unreserved  and  unappropriated  public  lands 
of  the  United  States  within  the  limits  of  the  respective  states  enti- 
tled thereto.  And  there  shall  be  deducted  from  the  number  of  acres 
of  land  donated  by  this  act  for  specific  objects  to  said  states  the  num- 
ber of  acres  in  each  heretofore  donated  by  congress  to  said  territories 
for  similar  objects. 

Sec.  20.  That  the  sum  of  twenty  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  is  hereby  appropriated,  out  of  any  money 
in  the  treasury  not  otherwise  appropriated,  to  each  of  said  territories 
for  defraying  the  expenses  of  the  said  conventions,  except  to  Dakota, 
for  which  the  sum  of  forty  thousand  dollars  is  so  appropriated,  twenty 
thousand  dollars  each  for  South  Dakota  and  Xorth  Dakota,  and  for 
the  pa^'ment  of  the  members  thereof,  under  the  same  rules  and  regula- 
tions and  at  the  same  rates  as  are  now  provided  by  law  for  the  pay- 
ment of  the  territorial  legislatures.  Any  money  hereby  appropriated 
not  necessary  for  such  purpose  shall  be  covered  into  the  treasury  of 
the  United  States. 

Sec.  21.  That  each  of  said  states,  when  admitted  as  aforesaid,  shall 
constitute  one  judicial  district,  the  names  thereof  to  be  the  same  as 
the  names  of  the  states,  respectively;  and  the  circuit  and  district 
courts  therefor  shall  be  held  at  the  capital  of  such  state  for  the  time 
being,  and  each  of  said  districts  shall,  for  judicial  purposes,  until 
otherwise  provided,  be  attached  to  the  eighth  judicial  circuit,  except 
Washington  and  Montana,  which  shall  be  attached  to  the  ninth  judi- 
cial circuit.  There  shall  be  appointed  for  each  of  said  districts  one 
district  judge,  one  United  States  attorney,  and  one  United  States 
marshal.  The  judge  of  each  of  said  districts  shall  receive  a  yearly 
salary  of  three- thousand  five  hundred  dollars,  payable  in  four  equal 


Montana— 1889  2297 

installments,  on  the  first  day  of  January,  April,  July  and  October  of 
each  year,  and  shall  reside  in  the  district.  There  shall  be  appointed 
clerks  of  said  courts  in  each  district,  who  shall  keep  their  offices  at  the 
capital  of  said  state.  The  regular  terms  of  said  courts  shall  be  held 
in  each  district,  at  the  place  aforesaid,  on  the  first  Monday  in  April 
and  the  first  Monday  in  Xovenil)er  of  each  year,  and  only  one  grand 
jury  and  one  petit  jury  shall  be  summoned  in  both  said  circuit  and  dis- 
trict courts.  The  circuit  and  district  courts  for  each  of  said  districts, 
and  the  judges  thereof,  respectively,  shall  possess  the  same  powers  and 
jurisdiction,  and  perform  the  same  duties  required  to  the  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  each  of  said  districts,  and  all  other  officers  and  persons  performing 
duties  in  the  administration  of  justice  therein,  shall  severally  possess 
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  may  perform,  receive  the  fees 
and  compensation  allowed  by  law  to  other  similar  officers  and  persons 
performing  similar  duties  in  the  State  of  Nebraska. 

Sec.  2'2.  That  all  cases  of  appeal  or  writ  of  error  heretofore  pros- 
ecuted and  now  pending  in  the  supreme  court  of  the  United  States 
upon  any  record  from  the  supreme  court  of  either  of  the  territories 
mentioned  in  this  act,  or  that  may  hereafter  lawfully  be  prosecuted 
upon  any  record  from  either  of  said  courts,  may  be  heard  and  deter- 
mined by  said  supreme  court  of  the  United  States.  And  the  mandate 
of  execution  or  of  further  proceedings  shall  be  directed  by  the  supreme 
court  of  the  United  States  to  the  circuit  or  district  court  hereby  estab- 
lished within  the  state  succeeding  the  territory  from  which  such  record 
is  or  may  be  pending,  or  to  the  supreme  court  of  such  state,  as  the 
nature  of  the  case  may  require:  Pj-or/dcd,  That  the  mandate  of  execu- 
tion or  of  further  proceedings  shall,  in  cases  arising  in  the  Territory 
of  Dakota,  be  directed  by  the  supreme  court  of  the  United  States  to 
the  circuit  or  district  court  of  the  district  of  South  Dakota,  or  to 
the  supreme  court  of  the  State  of  South  Dakota,  or  of  the  circuit  or 
district  court  of  the  district  of  North  Dakota,  or  to  the  supreme  court 
of  the  State  of  North  Dakota,  or  to  the  supreme  court  of  the 
Territory  of  North  Dakota,  as  the  nature  of  the  case  may  recpiire. 
And  each  of  the  circuit,  district  and  state  courts,  herein  named, 
shall,  respectively,  be  the  successor  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  i)ower  to 
proceed  with  the  same,  and  award  mesne  or  final  process  therein; 
and  that  from  all  judgments  and  decrees  of  the  supreme  court  of 
either  of  the  territories  mentioned  in  this  act,  in  any  case  arising 
within  the  limits  of  any  of  the  j^roposed  states  prior  to  admission, 
the  parties  to  such  judgment  shall  have  the  same  right  to  prosecute 
ai)peals  and  writs  of  error  to  the  supreme  court  of  the  United  States 
as  they  shall  have  had  l)y  law  jirior  to  the  admission  of  said  state  into 
the  Union. 

Sec.  23.  That  in  respect  to  all  cases,  ])roceedings  and  matters  now 
pending  in  the  supreme  or  district  courts  of  cither  of  the  territories 


2298  Montana— 1889 

inentionod  in  this  act,  at  the  time  of  the  admission  into  the  Union  of 
either  of  the  states  mentioned  in  this  act,  and  arising  within  the  limits 
of  any  such  state,  Avhereof  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,  resi^ectively,  shall  be 
the  successors  of  said  supreme  and  district  courts  of  said  territory; 
and  in  respect  to  all  other  cases,  proceedings  and  matters  pending  in 
the  supreme  or  district  courts  of  any  of  the  territories  mentioned  in  the 
act  at  the  time  of  the  admission  of  such  territory  into  the  Union, 
arising  within  the  limits  of  said  proposed  state,  the  courts  established 
by  such  state  shall,  respectively,  be  the  successors  of  said  sui^reme  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  any  of  the  states  mentioned  in  this  act,  shall  be  pending 
in  any  territorial  court  in  any  of  the  territories  mentioned  in  this 
act,  shall  abate  by  the  admission  of  any  such  state  into  the  Union, 
but  the  same  shall  be  transferred  and  proceeded  with  in  the  proper 
United  States  circuit,  district  or  state  court,  as  the  case  may  be: 
Pro/u'ded,  however,  That  in  all  civil  actions,  causes,  and  proceedings, 
in  which  the  United  States  is  not  a  party,  transfer  shall  not  be  made 
to  the  circuit  and  district  courts  of  the  United  States,  except  upon 
written  request  of  one  of  the  parties  to  such  action  or  proceeding 
tiled  in  the  proper  court ;  and  in  the  absence  of  such  request  such 
cases  shall  be  proceeded  with  in  the  proper  state  courts. 

Sec.  24:.  That  the  constitutional  conventions  may,  b}"  ordinance, 
provide  for  the  election  of  officers  for  full  state  governments,  includ- 
ing members  of  the  legislatures  and  representatives  in  the  fifty-first 
congress;  but  said  state  governments  shall  remain  in  abeyance  until 
the  states  shall  be  admitted  irito  the  Union,  respectively,  as  provided 
in  this  act.  In  case  the  constitution  of  any  of  said  proposed  states 
shall  be  ratified  by  the  people,  but  not  otherwise,  the  legislature 
thereof  may  assemble,  organize,  and  elect  two  senators  of  the  United 
States;  and  the  governor  and  secretary  of  state  of  such  proposed 
state  shall  certify  the  election  of  the  senators  and  representatives  in 
the  manner  required  by  law ;  and  when  such  state  is  admitted  into 
the  Union,  the  senators  and  representatives  shall  be  entitled  to  be 
admitted  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;  and  the  officers  of  the  state  governments  formed  in 
pursuance  of  said  constitutions,  as  provided  by  the  constitutional 
conventions,  shall  proceed  to  exercise  all  the  functions  of  such  state 
officers;  and  all  laws  in  force,  made  by  said  territories  at  the  time 
of  their  admission  into  the  Union,  shall  be  in  force  in  said  states, 
except  as  modified  or  changed  by  this  act  or  by  the  constitutions  of 
the  states,  respectively. 

Sec.  25.  That  all  acts  or  parts  of  acts  in  conflict  with  the  provisions 
of  this  act.  whether  passed  by  the  legislatures  of  said  territories  or 
by  congress,  are  hereby  repealed. 

Approved  February  22, 1889. 


Montana— 1889  2299 

PROCLAMATION  ANNOUNCING  ADMISSION  OF  MONTANA— 1889 

By  the  President  of  the  United  States  or  America 

A  PROCLAMATION 

AMiereas  the  Congress  of  the  United  States  did  by  an  act  approved 
on  the  twenty-second  day  of  February  one  thousand  eight  hundred 
and  eighty-nine,  provide  that  the  inhabitants  of  the  Territory  of 
Montana  might,  upon  the  conditions  prescribed  in  said  act,  become 
the  State  of  ^Montana  ; 

And  whereas  it  Avas  provided  by  said  act  that  delegates  elected  as 
therein  provided,  to  a  Constitutional  convention  in  the  Territory  of 
^Montana,  should  meet  at  the  seat  of  government  of  said  Territory; 
and  that,  after  they  had  met  and  organized  they  should  dechire  on 
behalf  of  the  people  of  Montana  that  they  adopt  the  Constitution  of 
the  United  States;  whereupon  the  said  convention  should  be  author- 
ized to  form  a  State  Government  for  the  proposed  State  of  Montana ; 

And  whereas  it  was  provided  by  said  act  that  the  Constitution  so 
adopted  should  be  republican  in  form  and  make  no  distinction  in 
civil  or  political  rights  on  account  of  race  or  color,  except  as  to 
Indians  not  taxed,  and  not  be  repugnant  to  the  Constitution  of  tlie 
United  States  and  the  i^rinciples  of  the  Declaration  of  Independence; 
and  that  the  Convention  should  b}'^  an  ordinance  irrevocable  without 
the  consent  of  the  United  States  and  the  people  of  said  State  make 
certain  provisions  prescribed  in  said  act; 

And  whereas  it  Avas  providt^d  by  said  act  that  the  Constitution 
thus  formed  for  the  people  of  Montana  should,  by  an  ordinance  of  the 
Convention  forming  the  same,  be  submitted  to  the  peoi)le  of  Mon- 
tana at  an  election  to  be  held  therein  on  the  first  Tuesday  in  Octo- 
ber, eighteen  hundred  and  eighty-nine,  for  ratification  or  rejection 
bj^  the  qualified  voters  of  said  proposed  State;  and  that  the  returns 
of  said  election  should  be  made  to  the  Secretary  of  said  Territory, 
who,  with  the  Governor  and  Chief  Justice  thereof,  or  any  two  of 
them,  should  canvass  the  same;  and  if  a  majority  of  the  legal  votes 
cast  should  be  for  the  Constitution,  the  Governor  should  certify  the 
result  to  the  President  of  the  United  States,  together  with  a  state- 
ment of  the  votes  cast  thereon,  and  ujjon  se])arat(>  artick's  or  propo- 
sitions and  a  copy  of  said  Constitution,  articles,  propositions  and 
ordinances; 

And  whereas  it  has  been  certified  to  me  by  the  Governor  of  said 
Territory  that  within  the  time  prescribed  by  said  act  of  Congress  a 
Constitution  for  the  proposed  State  of  Montana  has  been  adopted 
and  that  the  same,  together  with  two  ordinances  connected  there- 
with, has  been  ratified  l)y  a  majority  of  the  qualified  voters  of  said 
proposed  State  in  accordance  witli  the  conditions  prescribed  in  said 

And  Avhereas  a  duly  authenticated  copy  of  said  Constitution  and 
ordinances,  as  required  by  said  act.  has  been  received  by  me; 

Now,  therefore,  I,  Benjainin  Harrison,  PresickMit  of  the  United 
States  of  America,  do,  in  accordance  with  the  ])rovisions  of  the  act 
of  Congress  aforesaid,  declare  and  proclaim  the  fact  that  the  condi- 
tions imposed  by  Congress  on  the  State  of  Montana  to  entitle  that 


2300  Montana— 1889 

State  to  admission  to  the  Union  have  been  ratified  and  accepted  and 
that  the  admission  of  the  said  State  into  the  Union  is  now  complete. 

In  testimony  Avhereof.  I  have  hereunto  set  my  hand  and  caused 
the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  eighth  (8th)  day  of  Novem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
[seal.]     eighty-nine,  and  of  the  Independence  of  the  United  States 
of  America  the  one  hundred  and  fourteenth. 

Bejjj.  Harrison. 
By  the  President : 

James  G.  Blaine, 

Secretm^y  of  State. 


CONSTITUTION  OF  MONTANA— 1889  * 

PREAMBLE 

We,  the  people  of  Montana,  grateful  to  Almighty  God  for  the 
blessings  of  liberty,  in  order  to  secure  the  advantages  of  a  State 
government,  do,  in  accordance  with  the  provisions  of  the  Enabling 
Act  of  Congress,  approved  the  twenty-second  of  February,  A.  D. 
1889,  ordain  and  establish  this  constitution. 

Article  I 

» 

BOUNDARIES 

Section  1.  The  boundaries  of  the  State  of  Montana  shall  be  as 
follows,  to-wit :  Beginning  at  a  point  formed  by  the  intersection  of 
the  twenty-seventh  degree  of  longitude  west  from  Washington  with 
the  forty-fifth  degree  of  north  latitude,  thence  due  west  on  the  forty- 
fifth  degree  of  latitude  to  a  point  formed  by  its  intersection  with  the 
thirty-fourth  degree  of  longitude  west  from  Washington,  thence  due 
south  along  the  thirty-fourth  degree  of  longitude,  to  a  point  formed 
by  its  intersection  with  the  crest  of  the  Rocky  JSIountains,  thence 
following  the  crest  of  the  Rocky  Mountains  northward  to  its  inter- 
section with  the  Bitter  Root  Mountains;  thence  northward  along  the 
crest  of  the  Bitter  Root  ^Mountains,  to  its  intersection  with  the  thirty- 
ninth  degree  of  longitude  west  from  Washington:  thence  along  the 
thirty-ninth  degree  of  longitude  northward  to  the  boundary  line 
of  the  British  Possessions:  thence  eastward  along  that  boundary  line 
to  the  twenty-seventh  degree  of  longitude  Avest  from  Washington ; 
thence  southward  along  the  twenty-seventh  degree  of  longitude  to  the 
place  of  beginning. 

*  Verified  from  "  Constitntion  of  the  State  of  ^lontana.  as  adopted  by  the 
Constitutional  Convention  held  at  Helena.  Montana.  ,Tuly  4.  A.  D.  1889.  and 
ending  Auiiust  IT.  A.  I).  188!>.  And  also  an  address  to  the  people.  Published 
by  authority  by  the  Independent  I'ublishiug  Co..  Helena.  Montana." 


Montana— 1889  2301 

Article  II 

MILITARY    RESERVATIOXS 

Section  1.  Authority  is  hereby  jjranted  to  and  acknowledged  in 
the  United  States  to  exercise  exchisive  legishition  as  provided  by 
the  Constitution  of  the  United  States,  over  the  military  Reservations 
of  Fort  Assinaboine.  P'ort  Custer.  Fort  Keo<»:h,  Fort  Maginnis.  Fort 
Missoula  and  Fort  Shaw,  as  now  established  by  law,  so  lon«:  as  said 
places  remain  military  reservations,  to  the  same  extent  and  Avith  the 
same  effect  as  if  said  reservations  had  been  purchased  by  the  United 
States  by  consent  of  the  Legislative  Assembly  of  the  State  of 
Montana :  and  the  Legislative  Assembly  is  authorized  and  directed 
to  enact  any  law  necessary  or  proper  to  give  effect  to  this  article. 

Prorided.  That  there  be  and  is  hereby  reserved  to  the  State  the 
right  to  serve  all  legal  process  of  the  State,  both  civil  and  ci'iminal, 
upon  persons  and  ])roperty  found  Avithin  any  of  said  reservations 
in  all  cases  where  the  United  States  has  not  exclusive  jurisdiction. 

ArTK  LK    III 
A    DECLARATION    OF   RIGHTS   OP'   THE    PEOPLE   OF   THE    STATE    OF    :M0XTAXA 

Section  1.  All  }X)litical  power  is  vested  in  and  derived  from  the 
people;  all  government  of  right  originates  Avith  the  peo])le;  is  founded 
upon  their  will  only  and  is  instituted  solely  for  the  good  of  the  whole. 

Sec.  '2.  The  people  of  the  State  have  the  sole  and  exclusive  right 
of  governing  themselves,  as  a  free,  sovereign  and  independent  State, 
and  to  alter  and  abolish  their  constitution  and  form  of  government, 
whenever  they  may  deem  it  necessary  to  their  safety  and  ha]:)piness, 
provided  such  change  be  not  repugnant  to  the  Constitution  of  the 
United  States. 

Sec.  o.  All  i)ersons  are  born  equally  free,  and  have  certain  natural, 
essential  and  inalienable  rights,  among  Avhich  may  be  reckoned  the 
right  of  enjoying  and  defending  their  lives  and  liberties,  of  acquir- 
ing, possessing  and  protecting  property,  and  of  seeking  and  obtain- 
ing their  safety  and  hai)piness  in  all  lawful  ways. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  ])rofessiou  and 
worship,  without  discrimination,  shall  forever  hereafter  be  guaran- 
teed, and  no  person  shall  be  denied  any  civil  or  i)olitical  right  or 
privilege  on  account  of  his  oj)inions  concerning  religion,  but  the  lib- 
erty of  conscience  hereby  secured  shall  not  be  construed  to  dispense 
with  oaths  or  affirmations,  excuse  acts  of  licentiousness,  by  bigamous 
or  polygamous  marriage,  or  otherwise,  or  justify  practices  inconsist- 
ent with  the  good  order,  peace  or  safety  of  the  State,  or  opposed  to 
the  civil  authority  thereof,  or  of  the  TTnited  States.  Xo  person  shall 
be  required  to  attend  any  j)lace  of  worshij)  or  suj^port  any  ministry, 
religious  sect  or  denomination,  against  his  constMit :  nor  shall  any 
preference  l)e  given  by  law  to  any  religious  denomination  or  mode  of 
worship. 

Sec.  5.  All  elections  shall  be  free  and  ()i)en,  and  no  power,  ci^'il  or 
military,  shall  at  any  time  interfere  to  prevent  the  fn^c  cxci-ci-o  of 
the  right  of  suffrage. 


2302  Montana— 1889 

Sec.  6.  Courts  of  justice  shall  be  open  to  every  person,  and  a  speedy 
remedy  afi'orded  for  every  injury  of  person,  property  or  character; 
and  that  right  and  justice  shall  Ix^  administered  without  sale,  denial 
or  delay. 

Sec.  7.  The  people  shall  be  secure  in  their  persons,  papers,  homes 
and  effects,  from  unreasonable  searches  and  seizures,  and  no  warrant 
to  search  any  place  or  seize  any  person  or  thing,  shall  issue  without 
describing  the  place  to  be  searched,  or  the  person  or  thing  to  be  seized, 
nor  without  probable  cause,  supported  by  oath  or  affirmation,  reduced 
to  writing. 

Sec.  8.  Criminal  oifenses  of  which  justices  courts  and  municipal 
and  other  courts,  inferior  to  the  district  courts,  have  jurisdiction, 
shall,  in  all  courts  inferior  to  the  district  court  be  prosecuted  by  com- 
plaint. All  criminal  actions  in  the  district  court,  except  those  on 
appeal,  shall  be  prosecuted  by  information,  after  examination  and 
commitment,  by  a  magistrate,  or  after  leave  granted  by  the  court,  or 
shall  be  prosecuted  by  indictment  without  such  examination  or  com- 
mitment, or  without  such  leave  of  the  court.  A  grand  jury  shall  con- 
sist of  seven  persons,  of  whom  five  must  concur  to  find  an  indictment. 

A  grand  jury  shall  only  be  drawn  and  summoned  when  the  district 
judge  shall  in  his  discretion  consider  it  necessary,  and  shall  so  order. 

Sec.  9.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  com- 
fort ;  no  person  shall  be  convicted  of  treason  except  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  on  his  confession  in  open 
court ;  no  person  shall  be  attainted  of  treason  or  felony  by  the  Legis- 
lative Assembly ;  no  conviction  shall  work  corruption  of  blood  or  for- 
feiture of  estate;  the  estates  of  persons  who  may  destroy  their  OAvn 
lives  shall  descend  or  vest  as  in  cases  of  natural  death. 

Sec.  10.  No  law  shall  be  passed  impairing  the  freedom  of  speech; 
every  person  shall  be  free  to  speak,  write  or  publish  whatever  he  will 
on  any  subject,  being  responsible  for  all  abuse  of  that  liberty;  and 
that  in  all  suits  and  prosecutions  for  libel,  the  truth  thereof  may  be 
given  in  evidence;  and  the  jury,  under  the  direction  of  the  court, 
shall  determine  the  law  and  the  facts. 

Sec.  11.  No  expost  facto  law,  nor  law  impairing  the  obligation  of 
contracts,  or  making  any  irrevocable  grant  of  special  privileges,  fran- 
chises or  immunities  shall  be  passed  by  the  legislative  assembly. 

Sec.  12.  No  person  shall  be  imprisoned  for  debt  except  in  the  man- 
ner prescribed  by  law,  upon  refusal  to  deliver  up  his  estate  for  the 
benefit  of  his  creditors,  or  in  cases  of  tort,  where  there  is  strong  pre- 
sumption of  fraud. 

Sec.  13.  The  right  of  any  person  to  keep  or  bear  arms  in  defense 
of  his  own  home,  person  and  property,  or  in  aid  of  the  civil  power 
when  thereto  legally  summoned,  shall  not  be  called  in  question,  but 
nothing  herein  contained  shall  be  held  to  permit  the  carrying  of  con- 
cealed weapons. 

Sec.  14.  Private  property  shall  not  be  taken  or  damaged  for  public 
use  without  just  compensation  having  been  first  made  to,  or  paid  into 
court  for  the  owner. 

Sec.  15.  The  use  of  all  water  now  appropriated,  or  that  may  here- 
after be  appropriated  for  sale,  rental,  distribution  or  other  beneficial 
use  and  the  right  of  way  over  the  lands  of  others,  for  all  dithes, 
drains,  flumes,  canals  and  acqueducts,  necessarily  used  in  connection 


f 


Montana— 1889  2303 

therewith,  as  well  as  the  sites  for  reservoirs  necessary'-  for  collecting 
and  storing-  the  same,  shall  be  held  to  be  a  public  use.  Private  roads 
may  be  opened  in  the  manner  to  be  prescribed  by  law.  but  in  every 
case  the  necessity  of  the  road,  and  the  amount  of  all  damage  to  be 
sustained  by  the  opening  thereof,  shall  be  first  determined  by  a  jury, 
and  such  amount  together  with  the  expenses  of  the  proceeding  shall 
be  paid  by  the  person  to  be  benefitted. 

Sj:c.  10.  In  all  criminal  prosecutions  the  accused  shall  have  the 
right  to  appear  and  defend  in  person  and  by  counsel ;  to  denumd  the 
nature  and  cause  of  the  accusation;  to  meet  the  witnesses  against  him 
face  to  face;  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  ofi'ense  is  alleged  to  have  been  com- 
mitted, subject  to  the  right  of  the  State  to  have  a  change  of  venue  for 
any  of  the  causes  for  which  the  defendant  may  obtain  the  same. 

Sec.  it,  Xo  person  shall  be  imprisoned  for  the  purpose  of  securing 
his  testimony  in  any  criminal  proceeding  longer  than  may  be  neces- 
sary in  order  to  take  his  deposition.  If  he  can  give  security  for  his 
appearance  at  the  time  of  trial  he  shall  be  discharged  ui)on  giving 
the  same;  if  he  cannot  give  security,  his  deposition  shall  be  taken  in 
the  manner  prescribed  by  laAv,  and  in  the  presence  of  the  accused  and 
his  counsel,  or  without  their  presence,  if  they  shall  fail  to  attend  the 
examination  after  reasonable  notice  of  the  time  and  place  thereof. 
Any  deposition  authorized  by  this  section  may  be  received  as  evidence 
on  the  trial,  if  the  witness  shall  be  dead  or  absent  from  the  State. 

Sec.  is.  Xo  person  shall  be  ('omi)elled  to  testify  against  himself,  in 
a  criminal  proceeding,  nor  shall  any  person  be  twice  put  in  jeo])ardy 
for  the  same  ofl'ense. 

Sec.  19.  All  persons  shall  be  bailable  by  sufficient  sureties,  except 
for  capital  offenses,  when  the  proof  is  evident  or  the  presumption 
great. 

Sec.  20.  Excessive  l)ail  shall  not  be  required,  or  excessive  fines 
imposed,  or  cruel  and  unusual  punishments  inflicted. 

Sec.  21.  The  privilege  of  the  writ  of  habeas  corpus  shall  never  be 
suspended,  unless,  in  case  of  rebellion,  or  invasion,  the  public  safety 
require  it. 

Sec.  22.  The  military  shall  ahvays  be  in  strict  subordination  to  the 
civil  power;  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.  23.  The  right  of  trial  by  jury  shall  be  secured  to  all.  and 
remain  inviolate,  but  in  all  civil  cases  and  in  all  criminal  cases  not 
amounting  to  felony,  upon  default  of  appearance  or  l)v  consent  of 
the  i)arties  expressed  in  such  numner  as  the  law  may  prescribe,  a  ti'ial 
by  jury  may  be  waived,  or  a  trial  had  by  any  less  number  of  jurors 
than  tlie  mimber  provided  by  law.  A  jury  in  a  justice's  court  both 
in  civil  cases  and  in  cases  of  criminal  misdemeanor  shall  consist  of 
not  more  than  six  persons.  In  all  civil  actions  and  in  all  criminal 
cases  not  amounting  to  a  felony,  two-thirds  in  number  of  the  jury  may 
render  a  verdict,  and  such  verdict  so  rendered  shall  have  the  same 
force  and  etfect  as  if  all  of  such  jury  concurred  therein. 

Sec.  24.  Laws  for  the  ])unishment  of  crime  shall  be  founded  on  the 
principles  of  reformation  and  prevention,  but  this  shall  not  affect 


2304  Montana— 1889 

the  power  of  the  legislative  assembly  to  provide  for  punishing  offenses 
b}'  death. 

SiX".  25.  Aliens  and  denizens  shall  have  the  same  right  as  citizens 
to  acquire,  purchase,  possess,  enjoy,  convey,  transmit  and  inherit 
mines  and  mining  property,  and  milling,  reduction,  concentrating 
and  other  works,  and  real  property  necessar}'  for  or  connected  with 
the  business  of  mining  and  treating  ores  and  minerals;  Provided^ 
That  nothing  herein  contained  shall  be  construed  to  infringe  upon  the 
authority  of  the  United  States  to  provide  for  the  sale  or  disposition 
of  its  mineral  and  other  public  lands. 

Sec.  26.  The  people  shall  have  the  right  peaceabl}^  to  assemble  for 
the  common  good,  and  to  apply  to  those  invested  with  the  powers  of 
government  for  redress  of  grievances  b}^  petition  or  remonstrance. 

Sec.  27.  No  person  shall  be  deprived  of  life,  liberty  or  property 
without  due  process  of  law. 

Sec.  28.  There  shall  never  be  in  this  State  either  slavery  or  involun- 
tary servitude,  except  as  a  j^unishment  for  crime,  whereof  the  party 
shall  have  been  duly  convicted. 

Sec.  29.  The  provisions  of  this  Constitution  are  mandatory  and 
prohibitory,  unless  by  express  words  they  are  declared  to  be  other- 
wise. 

Sec.  30.  The  enumeration  in  this  Constitution  of  certain  rights, 
shall  not  be  construed  to  deny,  impair  or  disparage  others  retained 
by  the  people.  • 

Sec.  31.  Xo  armed  person  or  persons  or  armed  body  of  men  shall 
be  brought  into  this  State  for  the  preservation  of  the  peace  or  the 
suppression  of  domestic  violence,  except  upon  the  application  of 
the  legislative  assembly  or  of  the  governor  Avhen  the  legislative 
assembly  cannot  be  convened. 

Article  IV 

DISTKIBUTIOX   OF   POWERS 

Section  1.  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  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  V 

LEGISLATIVE    DEPARTMENT 

Section  1.  The  legislative  power  shall  be  vested  in  a  Senate  and 
House  of  Representatives,  which  shall  be  designated  '"  The  Legis- 
lative Assembly  of  the  State  of  Montana." 

Sec.  2.  Senators  shall  be  elected  for  the  term  of  four  years,  and 
Representatives  for  the  term  of  two  years,  except  as  otherwise  pro- 
vided in  this  Constitution. 

Sec.  3.  No  person  shall  be  a  Representative  ayIio  shall  not  have 
jattained  the  age  of  twentv-one  vears,  or  a   Senator  who  shall  not 


Montana— 1889  2305 

liave  attained  the  age  of  twenty-four  years,  and  who  shall  not  be  a 
citizen  of  the  United  States,  and  who  shall  not  (for  at  least  twelve 
months  next  preccdintj:  his  election)  have  resided  Avithin  the  county 
or  district  in  which  he  shall  he  elected. 

Sec.  4.  The  Legislative  Assembly  of  this  State,  until  otherwise 
j)rovi(led  by  law.  shall  consist  of  sixteen  members  of  the  Senate,  and 
fifty-five  members  of  the  House  of  Eepresentatives. 

It  shall  be  the  duty  of  the  first  Lefjislative  Assembly  to  divide  the 
State  into  senatorial  and  representative  districts,  but  there  shall  be 
no  more  than  one  Senator  from  each  county.  The  Senators  shall  be 
divided  into  two  classes.  Those  elected  from  odd  ninnbered  districts 
shall  constitute  one  class,  and  those  elected  from  even  numbered  dis- 
tricts shall  constitute  the  other  class;  and  when  any  additional  Sen- 
ator shall  be  provided  for  bv  law  his  class  shall  be  determined 
by  lot. 

One-half  of  the  Senators  elected  to  tlie  first  Le*::islative  Assembly 
shall  hold  office  for  one  year,  and  the  other  half  for  three  years; 
and  it  shall  be  determined  by  lot  immediately  after  the  organization 
of  the  Senate,  whether  the  Senators  from  the  odd  or  even  numbered 
districts  shall  hold  for  one  or  three  years. 

Sec.  5.  P^ach  member  of  the  first  Legislative  Assembly,  as  a  com- 
jjensation  for  his  services  shall  receive  six  dollars  for  each  day's  at- 
tendance, and  twenty  cents  for  each  mile  necessarily  traveled  in  going 
to  and  returning  from  the  seat  of  government  to  his  residence  by  the 
usually  traveled  route,  and  shall  receive  no  other  compensation,  per- 
quisite or  allowance  whatsoever. 

Xo  session  of  the  Legislative  Assembly,  after  the  first,  which  may 
be  ninety  days,  shall  exceed  sixty  days. 

After  the  first  session,  the  compensation  of  the  members  of  the 
Legislative  Asseuibly  shall  be  as  provided  by  law;  Provided,  That  no 
Legislative  Asseiubly  shnll  fix  its  own  compensatiou. 

Sec.  C).  The  Legislative  Assembly,  (except  the  first)  shall  meet  at 
tiie  seat  of  government  at  twelve  o'clock,  noon,  on  the  first  Monday 
of  January,  next  succeeding  the  general  election  provided  by  law, 
and  at  twelve  o'clock,  noon,  on  the  first  Monday  of  January,  of  each 
alternate  year  thereafter,  and  at  other  times  when  convened  by  the 
(iovernor. 

The  term  of  service  of  the  members  thereof  shall  begin  the  next 
day  after  their  election,  until  otherwise  jn'ovided  by  law;  Prorulcd. 
That  the  first  Legislative  Assembly  shall  meet  at  the  seat  of  govern- 
ment u])on  the  j)roclaniation  of  the  (Iovernor  after  the  admission  of 
the  State  into  the  Union,  upon  a  day  to  be  named  in  said  proclama- 
tion, and  which  shall  not  be  more  than  fifteen  nor  less  than  t(Mi 
days  after  the  admission  of  the  State  into  the  I'nion. 

Sec.  7.  No  Senator  or  Kepresentative  shall,  during  the  term  for 
which  he  shall  have  been  elected.  I)e  appointed  to  any  civil  ollice  under 
the  State;  and  no  member  of  Congress,  or  other  person  holding  an 
office  (except  Notary  Public,  or  in  the  militia)  under  the  United 
States  or  this  State,  shall  be  a  member  of  either  house  (hiring  his 
continuance  in  office. 

Sec.  8.  No  member  of  either  house,  shall,  during  the  term  for  which 
he  shall  have  been  elected,  receive  any  increase  of  salary  or  mileage 
under  any  law  passed  during  such  term. 
72.J.?— VOL  3—07 31 


2306  Montana— 1889 

Sec.  9.  The  Senate  shall,  at  the  beginning  and  close  of  each  regular 
session,  and  at  such  other  times  as  may  be  necessary,  elect  one  of  its 
members  President,  pro  tempore.  The  House  of  Representatives 
shall  elect  one  of  its  members  Speaker.  Each  house  shall  choose  its 
other  officers,  and  shall  judge  of  the  elections,  returns,  and  qualifica- 
tions of  its  members. 

Sec.  10.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
comj^el  the  attendance  of  absent  members  in  such  manner  and  under 
such  penalties  as  each  house  may  prescribe. 

Sec.  11.  Each  house  shall  have  power  to  determine  the  rules  of  its 
proceedings,  and  punish  its  members  or  other  persons  for  contempt 
or  disorderly  behavior  in  its  presence;  to  protect  its  members  against 
violence  or  offers  of  bribe  or  private  solicitation,  and  with  the  con- 
currence of  two-thirds,  to  expel  a  member,  and  shall  have  all  other 
powers  necessary  for  the  Legislative  Assembly  of  a  free  State. 

A  member  expelled  for  corruption  shall  not  thereafter  be  eligible 
to  either  house  of  the  Legislative  Assembly ;  and  punishment  for 
contempt  or  disorderly  behavior  shall  not  bar  a  criminal  prosecution 
for  the  same  offense. 

Sec.  12.  Each  house  shall  keep  a  journal  of  its  proceedings  and 
ma}^,  in  its  discretion,  from  time  to  time,  publish  the  same,  except 
such  parts  as  require  secrecy,  and  the  ayes  and  noes  on  any  question, 
shall,  at  the  request  of  any  two  members,  be  entered  on  the  journal. 

Sec.  13.  The  sessions  of  each  house  and  of  the  committees  of  the 
whole  shall  be  open  unless  the  business  is  such  as  requires  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  the  two  houses  shall  be  sitting. 

Sec.  15.  The  members  of  the  Legislative  Assembly  shall,  in  all 
cases,  except  treason,  felony,  violation  of  their  oath  of  office  and 
breach  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance at  the  sessions  of  their  respective  houses,  and  in  going  to  and 
returning  from  the  same ;  and  for  any  speech  or  debate  in  either  house 
they  shall  not  be  questioned  in  any  other  place. 

Sec.  1G.  The  sole  power  of  impeachment  shall  vest  in  the  House  of 
Eepresentatives ;  the  concurrence  of  a  majority  of  all  the  members 
being  necessary  to  the  exercise  thereof.  Impeachment  shall  be  tried 
by  the  Senate  sitting  for  that  purpose  and  the  Senators  shall  be  upon 
oath  or  affirmation  to  do  justice  according  to  law  and  evidence. 
Allien  the  Governor  or  Lieutenant  Governor  is  on  trial,  the  Chief 
Justice  of  the  Supreme  Court  shall  preside.  No  person  shall  be  con- 
victed without  a  concurrence  of  two-thirds  of  the  Senators  elected. 

Sec.  17.  The  Governor  and  other  State  and  Judicial  officers,  except 
Justices  of  the  Peace,  shall  be  liable  to  impeachment  for  high  crimes 
and  misdemeanors,  or  malfeasance  in  office,  but  judgment  in  such 
cases  shall  only  extend  to  removal  from  office  and  disqualification  to 
hold  any  office  of  honor,  trust  or  profit  under  the  laws  of  the  State. 
The  party  whether  convicted  or  acquitted  shall,  nevertheless,  be  liable 
to  prosecution,  trial,  judgment  and  punishment  according  to  law. 

Sec.  18.  All  officers  not  liable  to  impeachment  shall  be  subject  to 
removal  for  misconduct  or  malfeasance  in  office,  in  such  manner  as 
may  be  j^rovided  by  law. 


k 


Montana~1889  2307 

Sec.  19.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall  be 
so  altered  or  amended  on  its  passage  through  either  house  as  to  change 
its  original  purpose. 

Sec.  20.  The  enacting  clause  of  every  law  shall  be  as  follows :  "  Be 
it  enacted  by  the  Legislative  Assembly,  of  the  State  of  Montana." 

Sec.  21.  No  bill  for  the  appropriation  of  money,  except  for  the  ex- 
jDenses  of  the  government,  shall  be  introduced  within  ten  days  of  the 
close  of  the  session,  except  by  unanimous  consent  of  the  house  in 
which  it  is  sought  to  be  introduced. 

Sec.  22.  No  bill  shall  be  considered  or  become  a  law  unless  referred 
to  a  committee,  returned  therefrom  and  printed  for  the  use  of  the 
members. 

Sec.  28.  No  bill,  except  general  appropriation  bills,  and  bills  for 
the  codification  and  general  revision  of  the  laws,  shall  be  passed  con- 
taining more  than  one  subject  Avhich  shall  be  clearly  expressed  in  its 
title;  but  if  any  subject  shall  be  embraced  in  any  act  which  shall  not 
be  exj^ressed  in  the  title,  such  act  shall  be  void  only  as  to  so  much 
thereof  as  shall  not  be  so  expressed. 

Sec.  24.  No  bill  shall  become  a  law  except  by  a  vote  of  a  majority 
of  all  the  members  present  in  each  house,  nor  unless  on  its  final  pass- 
age, the  vote  be  taken  by  ayes  and  noes,  and  the  names  of  those  voting 
be  entered  on  the  journal. 

Sec.  25.  No  law  shall  be  revised  or  amended,  or  the  provisions 
thereof  extended  by  reference  to  its  title  only,  but  so  much  thereof  as 
is  revised,  amended  or  extended  shall  be  re-enacted  and  published  at 
length. 

Sec.  2G.  The  legislative  assembly  shall  not  pass  local  or  special  laws 
in  any  of  the  following  enumerated  cases,  that  is  to  say:  For  granting 
divorces;  laying  out,  opening,  altering  or  working  roads  or  highways; 
vacating  roads,  town  ]:)lats,  streets,  alleys  or  })ub]ic  grounds;  locating 
or  changing  county  seats;  regulating  county  or  township  all'airs; 
regulating  the  practice  in  courts  of  justice;  regulating  the  jurisdic- 
tion and  duties  of  justices  of  the  peace,  police  magistrates  or  con- 
stables; changing  the  rules  of  evidence  in  any  trial  or  inquiry;  pro- 
viding for  changes  of  venue  in  civil  or  criminal  cases;  declaring  any 
person  of  age;  foi'  limitation  of  civil  actions,  or  giving  effect  to  infor- 
mal or  invalid  deeds;  sunnnoning  or  imi)aneling  grand  or  petit  juries; 
providing  for  the  management  of  common  schools;  regidating  the 
rate  of  interest  oa  money;  the  opening  or  conducting  of  any  election 
or  designating  thp  place  of  voting;  the  sale  or  mortgage  of  real  estate 
belonging  to  minors  or  otheTS  under  disability;  chartering  or  licens- 
ing ferries  or  bridges  or  toll  roads;  chartering  bhnks,  insurance  com- 
j)anies  and  loan  and  trust  companies;  remitting  fines,  penalties  or 
forfeitures;  creating,  increasing  or  decreasing  fees,  })er  centages  or 
allowances  of  ])ublic  officers;  changing  the  law  of  descent;  granting 
to  any  corijoration,  association  or  individual  the  right  to  lay  down 
raili'oad  tracks,  or  any  special  or  exclusive  privilege,  innuunity  or 
franchise  whatever;  for  the  i)unishment  of  crimes;  changing  the 
names  of  persons  or  ])laces;  for  the  assessment  or  collection  of  taxes; 
affectmg  estates  of  deceased  persons,  minors  or  others  under  legal 
disabilities;  extending  the  time  for  the  collection  of  taxes;  refmiding 
money  paid  into  the  State  treasury;  relinquishing  or  extinguishing  in 
whole  or  in  part  the  indebtedness,  liability  or  obligation  of  any  cor- 


2308  Montana— 1889 

poration  or  person  to  this  State,  or  to  any  municipal  corporation 
therein ;  exempting  property  from  taxation ;  restoring  to  citizenship 
persons  convicted  of  infamous  crimes;  authorizing  the  creation,  ex- 
tension or  impairing  of  liens;  creating  offices,  or  prescribing  the 
powers  or  duties  of  officers  in  counties,  cities,  township  or  school  dis- 
tricts; or  authorizing  the  adoption  or  legitimation  of  children.  In 
all  other  cases  where  a  general  law  can  be  made  applicable,  no  special 
law  shall  be  enacted. 

Sec.  27.  The  presiding  officer  of  each  house  shall,  in  the  presence  of 
the  house  over  which  he  presides,  sign  all  bills  and  joint  resolutions 
passed  by  the  Legislative  Assembly  immediately  after  their  titles 
liave  been  publicly  read,  and  the  fact  of  signing  shall  be  at  once 
entered  upon  the  journal. 

Sec.  28.  The  Legislative  Assembly  shall  prescribe  by  law,  the  num- 
ber, duties  and  compensation  of  the  officers  and  employes  of  each 
house ;  and  no  payment  shall  be  made  from  the  State  treasur3%  or  be 
in  any  way  authorized  to  any  such  person,  except  to  an  acting  officer 
or  employe  elected  or  appointed  in  pursuance  of  law. 

Sec.  29.  Xo  bill  shall  be  passed  giving  any  extra  compensation  to 
any  public  officer,  servant  or  employe,  agent  or  contractor,  after  serv- 
ices shall  have  been  rendered  or  contract  made,  nor  providing  for  the 
payment  of  any  claim  made  against  the  State  without  previous  au- 
thority of  law,  except  as  may  be  otherwise  provided  herein. 

Sec.  30.  All  stationery,  printing,  paper,  fuel  and  lights  used  in  the 
Legislative  and  other  departments  of  government,  shall  be  furnished, 
and  the  printing  and  binding  and  distribution  of  the  laws,  journals, 
and  department  reports  and  other  printing  and  binding,  and  the 
rej^airing  and  furnishing  the  halls  and  rooms  used  for  the  meeting  of 
the  Legislative  Assembly,  and  its  committees  shall  be  performed 
under  contract,  to  be  given  to  the  lowest  responsible  bidder,  below 
such  maximum  price  and  under  such  regulations  as  may  be  prescribed 
by  law.  Xo  member  or  officer  of  the  government  shall  be  in  any  way 
interested  in  any  such  contract;  and  all  such  contracts  shall  be  sub- 
ject to  the  approA^al  of  the  Governor  and  State  Treasurer. 

Sec.  31.  Except  as  otherwise  provided  in  this  Constitution,  no  law 
shall  extend  the  term  of  any  public  officer,  or  increase  or  diminish  his 
salary  or  emolument  after  his  election  or  appointment:  Pron'ded, 
That  this  shall  not  be  construed  to  forbid  the  Legislative  Assembly 
from  fixing  the  salaries  or  emoluments  of  those  officers  first  elected  or 
appointed  under  this  Constitution,  where  such  salaries  or  emoluments 
are  not  fixed  by  this  Constitution. 

Sec.  32.  All  bills  for  raising  revenue  shall  originate  in  the  House 
of  Representatives;  but  the  Senate  may  propose  amendments,  as  in 
the  case  of  other  bills. 

Sec.  33.  The  general  appropriation  bills  shall  embrace  nothing  but 
appropriations  for  the  ordinary  expenses  of  the  Legislative.  Execu- 
tive and  Judicial  departments  of  the  State,  interest  on  the  public 
debt  and  for  public  schools.  All  other  appropriations  shall  be  made 
by  separate  bills,  each  embracing  but  one  subject. 

Sec.  M.  Xo  money  shall  be  paid  out  of  the  treasury  except  upon 
appropriations  made  by  law,  and  on  w^arrant  drawn  by  the  proper 
officer  in  pursuance  thereof,  except  interest  on  the  public  debt. 


Montana— 1889  2309 

Sec.  35.  No  appropriation  sliall  be  made  for  charitable,  industrial, 
educational  or  benevolent  purposes  to  any  person,  corporation  or 
conimunitv  not  under  the  absolute  control  of  the  State,  nor  to  any 
denominational  or  sectarian  institution  or  association. 

Sec.  36.  The  Legislative  Assembly  shall  not  delegate  to  any  special 
commission,  private  corporation  or  association,  any  power  to  make, 
sui^ervise  or  interfere  with  any  municipal  improvement,  money,  prop- 
erty or  effects,  whether  held  in  trust  or  otherwise,  or  to  levy  taxes,  or 
to  perform  any  municipal  functions  whatever. 

Sec.  37.  Xo  act  of  the  Legislative  Assembly  shall  authorize  the 
investment  of  trust  funds  by  executors,  administrators,  guardians  or 
trustees  in  the  bonds  or  stock  of  any  private  corporation. 

Sec.  38.  The  Legislative  Assembly  shall  have  no  power  to  pass  any 
laAV  authorizing  the  State,  or  any  county  in  the  State,  to  contract  any 
debt  or  obligation  in  the  construction  of  any  railroad,  nor  give  or 
loan  its  credit  to  or  in  aid  of  the  construction  of  the  same. 

Sec.  30.  Xo  obligation  or  liability  of  am^  person,  association  or  cor- 
poration, held  or  owned  b}^  the  State,  or  any  municipal  corporation 
therein,  shall  ever  be  exchanged,  transferred,  remitted,  released  or 
postponed,  or  in  any  way  diminished  by  the  Legislative  Assembly; 
nor  shall  such  liability  or  obligation  be  extinguished,  except  bv  the 
payment  thereof  into  the  proper  treasury. 

Sec.  40.  Every  order,  resolution  or  vote,  in  which  the  concurrence 
of  both  houses  may  be  necessary,  except  on  the  question  of  adjourn- 
ment, or  relating  solely  to  the  transaction  of  the  business  of  the  tAvo 
houses,  shall  be  presented  to  the  Governor,  and  before  it  shall  take 
effect  be  approved  by  him,  or,  being  disapproved,  be  repassed  by  two- 
thirds  of  both  houses,  as  prescribed  in  the  case  of  a  bill. 

Sec.  41.  If  any  person  elected  to  either  house  of  the  Legislative 
Assembly  shall  offer  or  promise  to  give  his  vote  or  influene  in  favor 
of  or  against  any  measure  or  i)roposition,  jDending  or  proposed  to  be 
introduced  into  the  Legislative  Assembly,  in  consideration  or  upon  con- 
dition that  any  other  person  elected  to  the  same  Legislative  Assembly 
will  give,  or  will  jjromise  or  assent  to  give,  his  vote  or  influence,  in 
favor  of  or  against  any  other  measure  or  proposition  ])ending  or  pro- 
posed to  be  introduced  into  such  Legislative  Assembly,  the  ])ei'son 
making  sucli  offer  or  promise  sliall  be  deemed  guilty  of  solicitation  of 
bribery.  If  any  member  of  the  Legislative  Asseuibly  shall  give  his 
vote  or  influence  for  or  against  any  measure  or  proposition  pending 
or  proposed  to  be  introduced  in  such  Legislative  xVssembly,  or  offer, 
promise  or  assent  so  to,  upon  condition  that  any  other  niember  will 
give,  or  will  promise  or  assent  to  giAe  his  vote  or  influence  in  favor 
of  or  against  any  other  measure  or  proposition  ixMiding  or  proposed 
to  be  introduced  in  such  Legislative  Assembly,  or  in  consideration 
that  any  other  member  hath  giveu  his  vote  or  influence  for  or  against 
any  other  measure  or  ])r()positi()n  in  such  Legislative  Assembly,  he 
shall  ho,  deemed  guilty  of  l)riberv,  and  any  member  of  the  Legisla- 
tive Assembly,  or  person  elected  thereto,  who  shall  be  guilty  of  either 
such  offenses,  shall  be  expelled  and  shall  not  thereafter  be  eligible  to 
the  Legislative  Assembly,  and  on  the  conviction  thereof  in  the  civil 
courts,  shall  be  liable  to  such  further  penalty  as  may  be  j^rescribed 
by  law. 

Sec.  42.  Any  peri^on  who  shall  directly  or  indirectly  oiler,  give  or 
promise  any  money  or  thing  of  value,  testimonial,  privilege  or  per- 


2310  Montana— 1889 

sonal  advantage,  to  any  executive  or  judicial  officer  or  member  of 
the  Legislative  Assembly,  to  influence  him  in  the  performance  of 
any  of  his  official  or  public  duties,  shall  be  deemed  guilty  of  bribery, 
and  be  punished  in  such  manner  as  shall  be  provided  by  law. 

Sec.  43.  The  offense  of  corrupt  solicitation  of  members  of  the 
Legislative  Assembly,  or  of  public  officers  of  the  State,  or  of  any 
municipal  division  thereof,  and  the  occupation  or  practice  of  solici- 
tation of  such  members  or  officers,  to  influence  their  official  action, 
shall  be  defined  by  law,  and  shall  be  punishable  by  fine  and  impris- 
onment. 

Sec.  44.  A  member  who  has  a  personal  or  private  interest  in  any 
measure  or  bill  proposed  or  pending  before  the  Legislative  Assembly 
shall  disclose  the  fact  to  the  house  of  which  he  is  a  member,  and 
shall  not  vote  thereon. 

Sec.  45.  "N^lien  vacancies  occur  in  either  house  the  Governor  or  the 
person  exercising  the  functions  of  the  Governor  shall  issue  writs  of 
election  to  fill  the  same. 

Article  VI 

APPORTIOXMEXT   AND    REPRESENTATION 

Section  1.  One  Representative  in  the  Congress  of  the  United 
States  shall  be  elected  from  the  State  at  large,  the  first  Tuesday  in 
October  1889,  and  thereafter  at  such  times  and  places,  and  in  such 
manner  as  may  be  prescribed  by  law.  "\^^len  a  new  apportionment 
shall  be  made  by  Congress  the  Legislative  Assembly  shall  divide  the 
State  into  Congressional  districts  accordingly. 

Sec.  2.  The  Legislative  Assembly  shall  provide  by  law  for  an 
enumeration  of  the  inhabitants  of  the  State  in  the  year  1895  and 
every  tenth  year  thereafter;  and  at  the  session  next  following  such 
enumeration,  and  also  at  the  session  next  following  an  enumeration 
made  by  the  authority  of  the  L^nited  States,  shall  revise  and  adjust 
the  apportionment  for  Representatives  on  the  basis  of  such  enumera- 
tion according  to  ratios  to  be  fixed  by  law. 

Sec.  3.  Representative  districts  may  be  altered  from  time  to  time  as 
public  convenience  may  require.  ^Alien  a  Representative  district 
shall  be  composed  of  two  or  more  counties,  they  shall  be  contiguous, 
and  the  districts  as  compact  as  may  be.  Xo  county  shall  be  divided 
in  the  formation  of  Representative  districts. 

Sec.  4.  AMienever  new  counties  are  created,  each  of  said  counties 
shall  be  entitled  to  one  Senator,  but  in  no  case  shall  a  Senatorial  dis- 
trict consist  of  more  than  one  county. 

Sec.  5.  The  Senatorial  districts  of  the  State  shall  be  constituted 
and  numbered  as  follows: 

The  county  of  Beaverhead  shall  constitute  the  First  district,  and  be 
entitled  to  one  Senator. 

The  county  of  Madison  shall  constitute  the  Second  district,  and  be 
entitled  to  one  Senator. 

The  county  of  Gallatin  shall  constitute  the  Third  district,  and  be 
entitled  to  one  Senator. 

The  county  of  Jeflferson  shall  constitute  the  Fourth  district,  and  be 
entitled  to  one  Senator. 

The  county  of  Deer  Lodge  shall  constitute  the  Fifth  district,  and  be 
entitled  to  one  Senator. 


Montana— 1889  2311 

The  county  of  Missoula  shall  constitute  the  Sixth  district,  and  be 
entitled  to  one  Senator. 

The  county  of  Lewis  and  Clarke  shall  constitute  the  Seventh  dis- 
trict, and  be  entitled  to  one  Senator. 

The  county  of  Choteau  shall  constitute  the  Eighth  district,  and  be 
entitled  to  one  Senator. 

The  county  of  Meagher  shall  constitute  the  Ninth  district,  and  be 
entitled  to  one  Senator. 

The  county  of  Silver  Bow  shall  constitute  the  Tenth  district,  and  be 
entitled  to  one  Senator. 

The  county  of  Custer  shall  constitute  the  Eleventh  district,  and  be 
entitled  to  one  Senator. 

The  county  of  Yellowstone  shall  constitute  the  TAvelfth  district, 
and  be  entitled  to  one  Senator. 

The  county  of  Dawson  shall  constitute  the  Thirteenth  district,  and 
be  entitled  to  one  Senator. 

The  county  of  Fergus  shall  constitute  the  Fourteenth  district,  and 
be  entitled  to  one  Senator. 

The  county  of  Park  shall  constitute  the  Fifteenth  district,  and  be 
entitled  to  one  Senator. 

The  county  of  Cascade  shall  constitute  the  Sixteenth  district,  and 
be  entitled  to  one  Senator. 

Sec.  6.  Until  an  apportionment  of  Representatives  be  made  in 
accordance  with  the  provisions  of  this  Article,  they  shall  be  divided 
among  the  several  counties  of  the  State  in  the  folloAving  manner : 

The  county  of  Beaverhead  shall  have  two  (2). 

The  county  of  Madison  shall  have  two  (2). 

The  county  of  Gallatin  shall  have  two  (2). 

The  county  of  Jetferson  shall  have  three  (3). 

The  county  of  Deer  Lodge  shall  have  seven  (7). 

The  count}^  of  Missoula  shall  have  five  (5), 

The  county  of  Lewis  and  Clarke  shall  have  eight  (8). 

The  county  of  Choteau  shall  have  tw^o  (2). 

The  county  of  Meagher  shall  have  two  (2). 

The  county  of  Silver  Bow  shall  have  ten  (10). 

The  county  of  Custer  shall  have  two  (2). 

The  county  of  Yellowstone  shall  have  one  (1). 

The  countj^  of  Fergus  shall  have  two  (2). 

The  county  of  Park  shall  have  two  (2). 

The  county  of  Cascade  shall  have  two  (2). 

The  counties  of  DaAvson  and  Cascade  shall  have  one  (1)  jointly. 

The  counties  of  Deer  Lodge  and  Beaverhead  shall  have  one  (1) 
jointly. 

The  counties  of  Jeit'erson  and  (iallatin  shall  have  one  (1)  jointly. 

Akticle  VII 

EXECUTIVE   nEI'ART^rENT 

Section  1.  The  Executive  department  shall  consist  of  a  Governor, 
Lieutenant  Governor,  Secretary  of  State,  Attorney  General.  State 
Treasurer,  State  Auditor  and  Superintendent  of  Pul)li('  Inst I'lict ion, 
each  of  whom  shall  hold  his  oflice  for  four  years,  or  imlil  his  successor 
is  elected  and  qualified,  beginning  on  the  first  Monday  of  January 


2312  Montana— J889 

next  succeeding  his  election,  except  that  the  terms  of  office  of  those 
who  are  elected  at  the  first  election,  shall  begin  when  the  State  shall  be 
admitted  into  the  Union,  and  shall  end  on  the  first  Monday  of  Jan- 
uary A.  D.  1893.  The  officers  of  the  Executive  department,  excepting 
the  Lieutenant  Governor,  shall  during  their  terms  of  office  reside 
at  the  seat  of  government  where  they  shall  keep  the  public  records, 
books  and  papers.  They  shall  perform  such  duties  as  are  j)rescribed 
in  this  constitution  and  by  the  laAvs  of  the  State.  The  State  Treas- 
urer shall  not  be  eligible  to  his  office  for  the  succeeding  term. 

Sec.  2.  The  officers  provided  for  in  Section  1  of  this  article,  shall 
be  elected  by  the  qualified  electors  of  the  State  at  the  time  and  place 
of  voting  for  members  of  the  Legislative  Assembly,  and  the  persons 
respectively,  having  the  highest  number  of  votes  for  the  office  voted 
for  shall  be  elected ;  but  if  two  or  more  shall  have  an  equal  and  the 
highest  number  of  votes  for  any  one  of  said  offices,  the  two  houses 
of  the  Legislative  Assembly,  at  its  next  regular  session,  shall  forth- 
with by  joint  ballot,  elect  one  of  such  persons  for  said  office.  The 
returns  of  election  for  the  officers  named  in  Section  1  shall  be  made 
in  such  manner  as  may  be  prescribed  by  law,  and  all  contested  elec- 
tions of  the  same,  other  than  provided  for  in  this  section,  shall  be 
determined  as  may  be  prescribed  by  law. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of  Governor,  Lieu- 
tenant Governor,  or  Superintendent  of  Public  Instruction,  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,  or  State  Treas- 
urer, 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  practice  in  the  Supreme 
Court  of  the  State,  or  Territory  of  Montana,  and  be  in  good  standing 
at  the  time  of  his  election.  In  addition  to  the  qualifications  above 
prescribed,  each  of  the  officers  named  shall  be  a  citizen  of  the  United 
States,  and  have  resided  within  the  State  or  Territory  two  years  next 
preceding  his  election. 

Sec.  4.  Until  otherwise  provided  by  law,  the  Governor,  Secretary 
of  State,  State  Auditor,  Treasurer,  Attorney  General  and  Superin- 
tendent of  Public  Instruction,  shall  quarterly  as  due,  during  their 
continuance  in  office,  receive  for  their  services  compensation,  which  is 
fixed  as  follows : 

Governor,  five  thousand  dollars  per  annum ; 

Secretary  of  State,  three  thousand  dollars  per  annum ; 

Attorney  General,  three  thousand  dollars  per  annum ; 

State  Treasurer,  three  thousand  dollars  per  annum ; 

State  Auditor,  three  thousand  dollars  per  annum ; 

Superintendent  of  Public  Instruction,  two  thousand  five  hundred 
dollars  per  annum. 

The  Lieutenant-Governor  shall  receive  the  same  per  diem  as  may  be 
prescribed  by  law,  for  the  Speaker  of  the  Legislative  Assembly,  to 
be  allowed  only  during  the  sessions  of  the  Legislative  Assembly. 

The  compensation  enumerated  shall  be  in  full  for  all  services  by 
said  officers  respectively  rendered  in  any  official  capacity  or  employ- 
ment whatever  during  their  respective  terms  of  office,  and  the  salary 
of  no  official  shall  be'increased  during  his  term  of  office.  Xo  officer 
named  in  this  section  shall  receive,  for  the  performance  of  any  official 


Montana— 1889  2313 

duty,  any  fee  for  his  own  use,  but  all  fees  fixed  by  law  for  the  per- 
formance by  any  officer  of  any  official  duty,  shall  be  collected  in  ad- 
vance, and  deposited  with  the  State  Treasurer  quarterly  to  the  credit 
of  the  State.  Xo  officer  mentioned  in  this  section  shall  be  elij^ible  to, 
or  hold  any  other  jiublic  office,  except  member  of  the  State  Board  of 
Education  during-  his  term  of  office. 

Sec.  5.  The  supreme  executive  power  of  the  State  shall  be  vested 
in  the  Governor,  who  shall  see  that  the  laws  are  faithfully  executed. 

Sec.  C).  The  Governor  shall  be  Commander-in-Chief  of  the  militia 
forces  of  the  State,  except  when  these  forces  are  in  the  actual  service 
of  the  United  States,  and  shall  have  power  to  call  out  any  part  or  the 
whole  of  said  forces  to  aid  in  the  execution  of  the  laws,  to  suppress 
insurrection  or  to  repel  invasion. 

Sec.  7.  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  a  recess  of  the 
Senate  a  vacancy  occur  in  any  such  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  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. 

Sec.  8.  The  LegislatiA^e  Assembly  shall  provide  for  a  State  Exam- 
iner, who  shall  be  appointed  by  the  Governor  and  confirmed  by  the 
Senate.  His  duf\^  shall  be  to  examine  the  accounts  of  State  Treasurer, 
Supreme  Court  Clerks,  District  Court  Clerks,  and  all  County  Treas- 
urers, and  Treasurers  of  such  other  })ublic  institutions  as  may  be  pre- 
scribed by  law,  and  he  shall  perform  such  other  duties  as  the  Legis- 
lative Assembly  may  ])rescribe.  lie  shall  report  at  least  once  a  year 
and  oftener  if  required  to  such  officers  as  may  be  designated  by  the 
Legislative  Assembly.     His  compensation  shall  be  fixed  by  law. 

Sec.  9.  The  Governor  shall  have  the  power  to  grant  pardons,  abso- 
lute or  conditional,  and  to  remit  fines  and  forfeitures,  and  to  grant 
commutation  of  ])unishments  and  respites  after  conviction  and  judg- 
ment for  any  oit'enses  connnitted  against  the  criminal  laws  of  this 
State;  Frorided^  hoicever^  That  before  granting  pardons,  remitting 
fines  and  forfeitures,  or  comnniting  ])unishnients,  the  action  of  the 
(lovernor  concerning  the  same  shall  be  approved  by  a  Board,  or  a 
nuijority  thereof,  composed  of  the  Secretary  of  State  Attorney  Gen- 
eral and  State  Auditor,  avIio  shall  be  known  as  the  Board  of  Pardons. 
The  I^egislative  Assembly  shall  1)V  law  i)rescribe  the  sessions  of  said 
Board,  and  regulate  the  proceedings  thereof.  But  no  fine  or  forfeit- 
m-es  shall  be  remitted,  and  no  counnutation  or  pardon  granted,  except 
uj)()n  the  aj^proval  of  a  majority  of  said  Board  after  a  full  hearing  in 
open  session  and  until  notice  of  the  time  and  place  of  such  hearing, 
and  of  the  relief  sought,  shall  have  been  given  by  publication  in  some 
newspaper  of  general  circulation  in  the  county  where  the  crime  was 
committed,  at  least  once  a  week  for  two  weeks.  The  proceedings  and 
decisions  of  the  Board  shall  be  reduced  to  writing,  and  with  their 
reasons  for  their  action  in  each  case,  and  the  dissent  of  an\-  member 


2314  Montana— 1889 

who  may  disagree,  signed  by  them  and  filed,  with  all  papers  used 
upon  the  hearing,  in  tlie  office  of  the  Secretary  of  State.  The  Gov- 
ernor shall  connnunicate  to  the  Legislative  Assembly,  at  each  regular 
session,  each  case  of  remission  of  fine  or  forfeiture,  reprieve,  commu- 
tation or  pardon  granted  since  the  last  previous  report,  stating  the 
name  of  the  convict,  the  crime  of  which  he  was  convicted,  the  sen- 
tence 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.  10.  The  Governor  may  require  information  in  writing  from 
the  officers  of  the  Executive  department  npon  any  subject  relating  to 
the  duties  of  their  respective  offices,  which  information  shall  be  given 
uj)on  oath  whenever  so  required;  he  may  also  require  information  in 
writing,  at  any  time,  under  oath,  from  all  officers  and  managers  of 
State  institutions,  npon  an}^  subject  relating  to  the  condition,  man- 
agement and  expenses  of  their  respective  offices  and  institutions,  and 
may,  at  any  time  he  deems  it  necessary,  appoint  a  committee  to  inves- 
tigate and  report  to  him  upon  the  condition  of  any  executive  office  or 
State  institution.  The  Governor  shall  at  the  beginning  of  each 
session,  and  from  time  to  time  by  message,  give  to  the  Legislative 
Assembly  information  of  the  condition  of  the  State,  and  shall  recom- 
mend such  measures  as  he  shall  deem  expedient.  He  shall  also  send 
to  the  Legislative  Assembly  a  statement  with  vouchers  of  the  expendi- 
tures of  all  moneys  belonging  to  the  State  and  paid  out  by  him.  He 
shall  also  at  the  beginning  of  each  session  present  estimates  of  the 
amount  of  money  required  to  be  raised  by  taxation  for  all  purj^oses 
of  the  State. 

Sec.  11.  He  ma}^  on  extraordinary  occasions  convene  the  Legisla- 
tive Assembly  by  proclamation,  stating  the  purposes  for  which  it  is 
convened,  but  when  so  convened,  it  shall  have  no  power  to  legislate 
on  any  subjects  other  than  those  specified  in  the  proclamation,  or 
which  may  be  recommended  by  the  Governor,  but  may  provide  for 
the  expenses  of  the  session  and  other  matters  incidental  thereto.  He 
may  also  by  proclamation,  convene  the  Senate  in  extraordinary  ses- 
sion for  the  transaction  of  Executive  business. 

Sec.  12.  Every  bill  passed  by  the  Legislative  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  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  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- 
sidered, and  if  approved  by  two-thirds  of  the  members  present  in  that 
house  it  shall  become  a  law  notwithstanding  the  objections  of  the 
Governor.  In  all  such  cases  the  vote  of  each  house  shall  be  deter- 
mined by  yeas  and  nays,  to  be  entered  on  the  journal.  If  any  bill 
shall  not  be  returned  by  the  Governor  within  five  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to. him.  the  same  shall 
be  a  law,  in  like  manner  as  if  he  had  signed  it.  unless  the  Legislative 
Assembly  shall  by  their  adjournment  prevent  its  return  in  which  case 
it  shall  not  become  a  law,  without  the  approval  of  the  Governor.    No 


Montana— 1889  2315 

bill  shall  become  a  law  after  the  final  adjournment  of  the  Legislative 
Assembly,  unless  approved  by  the  (iovernor  within  hfteen  days  after 
such  adjournment.  In  case  the  (iovernor  shall  fail  to  approve  of 
any  bill  after  the  final  adjournment  of  the  Le<^islative  Assembly  it 
shall  be  filed,  with  his  objections,  in  the  office  of  the  Secretary  of 
State. 

Sec.  13.  The  Governor  shall  have  power  to  disapprove  of  any  item 
or  items  of  any  bill  makin_£>-  aj^propriations  of  money,  embracing 
distinct  items,  and  the  part  or  parts  api)roved  shall  become  a  law,  and 
the  item  or  items  disapproved  shall  be  void,  unless  enacted  in  the 
manner  following:  If  the  Legislative  Assembly  be  in  session  he  shall 
within  five  days  transmit  to  the  house  in  Avhich  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.  1-t.  In  case  of  the  failure  to  qualify,  the  impeachment  or  con- 
viction of  felony  or  infamous  crime  of  the  Governor,  or  his  death, 
removal  from  office,  resignation,  absence  from  the  State  or  inability 
to  discharge  the  powers  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  Lieutenant-governor. 

Sec.  15.  The  Lieutenant-Governor  shall  be  President  of  the  Sen- 
ate, but  shall  vote  only  when  the  Senate  is  equally  divided.  In  case 
of  the  absence  or  disqualification  of  the  Lieutenant-Governor,  from 
any  cause  Avhich  applies  to  the  (iovernor,  or  when  he  shall  hold  the 
office  of  Governor,  then  the  jiresident  ])ro  tempore  of  the  Senate  shall 
]:)erf()rm  the  duties  of  the  Lieutenant-Governor  until  the  vacancy  is 
filled  or  the  disability  removed. 

Sec.  1G.  In  case  of  the  failure  to  qualify  in  his  office,  death,  resigna- 
tion, absence  from  the  State,  impeachment,  conviction  of  felony  or 
infamous  crime,  or  disqualification  from  any  cause,  of  both  the  (iov- 
ernor and  the  Lieutenant-(iovernor,  the  duties  of  the  Governor  shall 
devolve  upon  the  president  i)ro  temi)ore  of  the  Senate  until  such  dis- 
qualification of  either  the  (Governor  or  Lieutenant-(i<)vernor  be 
removed,  or  the  vacancy  filled,  and  if  the  president  ]n-()  tempore  of 
the  Seiuite,  for  any  of  the  above  named  causes,  shall  become  incajiable 
of  performing  the  duties  of  (iovernor,  the  same  shall  devolve  upon  the 
Speaker  of  the  House. 

Sec.  17.  The  first  Legislative  Assembly  shall  provide  a  seal  for  the 
State,  which  shall  be  kept  by  the  Secretary  of  State  and  used  by  him 
officially,  and  known  as  the  Great  Seal  of  the  State  of  Montana. 

Sec.  18.  All  grants  and  connnissions  shall  be  in  the  name  and  by 
tlie  authority  of  the  State  of  Montana,  sealed  with  the  Great  Seal  of 
the  State,  signed  by  the  Governor,  and  counter  signed  by  the  Secre- 
tary of  State. 

Sec.  19.  An  account  shall  be  kept  by  the  ollicers  of  the  executive 
department,  and  of  all  public  institutions  of  the  State  of  all  moneys 
received  by  them,  severally  from  all  sources,  and  for  evei'v  service 
performed,  and  of  all  moneys  disbursed  by  them  severally,  and  a 
semi-annual  report  hereof  shall  be  made  to  the  Governor,  under  oath  : 
they  shall  also,  at  least  twenty  days  preceding  each  regular  session 


2316  Montana— 1889 

of  the  Legislative  Assembly,  make  full  and  complete  reports  of  their 
official  transactions  to  the  Governor,  who  shall  transmit  the  same  to 
the  Legislative  Assembly. 

Sec.  20.  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 
prisons  as  may  be  prescribed  by  law.  They  shall  constitute  a  Board 
of  Examiners,  w^ith  power  to  examine  all  claims  against  the  State, 
except  salaries  or  compensation  of  officers  fixed  by  law,  and  perform 
such  other  duties  as  may  be  prescribed  by  law.  And  no  claims 
against  the  State  except  for  salaries  and  compensation  of  officers 
fixed  by  law,  shall  be  passed  upon  by  the  Legislative  Assembly  with- 
out first  having  been  considered  and  acted  upon  by  said  board.  The 
Legislative  Assembly  may  provide  for  the  temporary  suspension  of 
the  State  Treasurer  by  the  Governor,  when  the  Board  of  Examiners 
deem  such  action  necessary  for  the  protection  of  the  moneys  of  the 
State. 

Article  VIII 

JUDICIAL    DEPARTMENTS 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  the 
Senate  sitting  as  a  court  of  impeachment,  in  a  Supreme  Court,  District 
Courts,  Justices  of  the  Peace,  and  such  other  inferior  courts  as  the 
Legislative  Assembly  may  establish  in  any  incorporated  city  or  town. 

Sec.  2.  The  Supreme  Court,  except  as  otherwise  provided  in  this 
constitution,  shall  have  appellate  jurisdiction  only,  which  shall  be 
co-extensive  with  the  State,  and  shall  have  a  general  supervisory  con- 
trol over  all  inferior  courts,  under  such  regulations  and  limitations 
as  may  be  prescribed  by  law. 

Sec.  3.  The  appellate  jurisdiction  of  the  Supreme  Court  shall 
extend  to  all  cases  at  law  and  in  equity,  subject,  however,  to  such 
limitations  and  regulations  as  may  be  prescribed  by  law.  Said  court 
shall  have  power  in  its  discretion  to  issue  and  to  hear  and  determine 
writs  of  habeas  corpus,  mandamus,  quo-warranto,  certiorari,  prohi- 
bition and  injunction,  and  such  other  original  and  remedial  writs 
as  may  be  necessary  or  proper  to  the  complete  exercise  of  its  appellate 
jurisdiction.  When  a  jury  is  required  in  the  Supreme  Court  to  de- 
termine an  issue  of  fact,  said  court  shall  have  power  to  summon  such 
jury  in  such  manner  as  may  be  provided  by  law.  Each  of  the  Jus- 
tices of  the  Supreme  Court  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  malce  such  writs  return- 
able before  himself,  or  the  Supreme  Court,  or  before  any  District 
Court  of  the  State  or  any  Judge  thereof;  and  such  writs  may  be 
heard  and  determined  by  the  Justice  or  Court,  or  Judge,  before  whom 
they  are  made  returnable.  Each  of  the  Justices  of  the  Supreme 
Court  may  also  issue  and  hear  and  determine  writs  of  certiorari  in 
proceedings  for  contempt  in  the  District  Court,  and  such  other  writs 
as  he  may  be  authorized  by  law  to  issue. 

Sec.  4.  At  least  three^terms  of  the  Supreme  Court  shall  be  held  each 
year  at  the  seat  of  governriient. 

Sec.  5.  The  Supreme  Court  shall  consist  of  three  Justices,  a  ma- 
jority of  whom  shall  be  necessary  to  form  a  quorum  or  pronounce  a 


Montana— 1889  2317 

decision,  but  one  or  more  of  said  Justices  may  adjourn  the  Court 
from  day  to  day,  or  to  a  day  certain,  and  the  Legislative  Assembly 
shall  haA'e  the  power  to  increase  the  number  of  such  Justices  to  not 
less  nor  more  than  five. 

Sec.  G.  The  Justices  of  the  Supreme  Court  shall  be  elected  by  elect- 
ors of  the  State  at  large,  as  hereinafter  provided. 

Sec.  7.  The  term  of  office  of  the  Justices  of  the  Supreme  court, 
except  as  in  this  constitution  otherwise  ])rovided,  shall  be  six  years. 

Sec.  8.  There  shall  be  elected  at  the  first  general  election,  provided 
for  by  this  constitution,  one  Chief  Justice  and  two  Associate  Justices 
of  the  Supreme  Court.  At  said  first  election  the  Chief  Justice  shall 
be  elected  to  hold  his  office  until  the  general  election  in  the  year  one 
thousand  eight  hundred  ninety-two  (1892),  and  one  of  the  Associate 
Justices  to  hold  his  oflice  until  the  general  election  in  the  year  one 
thousand  eight  hundred  ninety-four  (1894),  and  the  other  Associate 
Justice  to  hold  his  office  until  the  general  election  in  the  year  one 
thousand  eight  hundred  ninety-six  (189G),  and  each  shall  hold  until 
Jiis  successor  is  elected  and  qualified.  The  terms  of  office  of  said 
Justices,  and  which  one  shall  be  Chief  Justice,  shall  at  the  first  and 
all  subsequent  elections  be  designated  by  ballot.  After  said  first  elec- 
tion one  Chief  Justice  or  one  Associate  Justice  shall  be  elected  at  the 
general  election  every  two  years,  commencing  in  the  year  one  thou- 
sand eight  hundred  ninety-two  (1892),  and  if  the  Legislative  As- 
sembly shall  increase  the  number  of  Justices  to  five,  the  first  terms  of 
office  of  such  additional  Justices  shall  bo  fixed  by  law  in  such  manner 
that  at  least  one  of  the  five  Justices  shall  be  elected  every  two  years. 
The  Chief  Justice  shall  preside  at  all  sessions  of  the  Supreme  Court, 
and  in  case  of  his  absence,  the  Associate  Justice  having  the  shortest 
term  to  serve  shall  preside  in  his  stead. 

Sec.  9,  There  shall  be  a  Clerk  of  the  Supreme  Court,  Avho  shall 
hold  his  office  for  the  term  of  six  years,  except  that  the  Clerk  first 
elected  shall  hold  his  office  only  until  the  general  election  in  the  year 
one  thousand  eight  hundred  ninety  two  (1892),  and  until  his  suc- 
cessor is  elected  and  qualified.  He  shall  be  elected  by  the  electors  at 
large  of  the  State,  and  his  compensation  shall  be  fixed  by  law,  and  his 
duties  prescribed  by  law,  and  by  the  rules  of  the  Supreme  Court. 

Sec.  10.  No  person  shall  be  eligible  to  the  office  of  Justice  of  the 
Supreme  Court,  unless  he  shall  have  been  admitted  to  practice  law  in 
the  Supreme  Court  of  the  Territory  or  State  of  Montana,  be  at  least 
thirty  years  of  age,  and  a  citizen  of  the  United  Slates,  nor  unless  he 
shall  have  resided  in  said  Territory  or  State  at  least  two  years  next 
preceding  his  election. 

mSTRICT   COVRTS 

Sec.  11.  The  District  Court  shall  have  original  jurisdiction  in  all 
cases  at  law  and  in  equity,  including  all  cases  which  involve  the  title 
or  right  of  possession  of  real  projxM'ty,  or  the  legality  of  any  tax, 
impost,  assessment,  toll  or  niunici|)al  fine,  and  in  all  cases  in  which 
the  debt,  damage,  claim  or  demand,  exclusive  of  interest,  or  the  value 
of  the  property  in  controversy  exceeds  fifty  dollars;  and  in  all  crim- 
inal cases  amounting  to  felony,  and  in  all  cases  of  misdemeanor  not 
otherwise  provided  for;  of  actions  of  forcible  entry  and  unlawful 
detainer;  of  proceedings  in  insolvency;  of  actions  to  prevent  or  abate 
a  nuisance;  of  all  matters  of  probate;  of  actions  of  divorce  and  for 


2318  Montana— 1889 

annullment  of  marriage,  and  for  all  such  special  actions  and  proceed- 
ings as  are  not  otherwise  provided  for.  And  said  courts  shall  have 
the  power  of  naturalization,  and  to  issue  papers  therefor,  in  all  cases 
where  they  are  authorized  so  to  do  by  the  laws  of  the  United  States. 
They  shall  have  appellate  jurisdiction  in  such  cases  arising  in  justices 
and  other  inferior  courts  in  their  respective  districts  as  may  be 
prescribed  by  law,  and  consistent  with  this  constitution.  Their 
process  shall  extend  to  all  parts  of  the  State,  provided  that  all  actions 
for  the  recovery  of,  the  possession  of,  quieting  the  title  to,  or  for  the 
enforcement  of  liens  upon  real  property,  shall  be  commenced  in  the 
county  in  which  the  real  property,  or  any  part  thereof,  afi'ected  by 
such  action  or  actions,  is  situated.  Said  courts  and  the  judges  thereof 
shall  have  power  also  to  issue,  hear  and  determine  writs  of  mandamus, 
quo  warranto,  certiorari,  23rohibition,  injunction  and  other  original 
and  remedial  writs,  and  also  all  writs  of  habeas  corpus  on  petition  by. 
or  on  behalf  of,  any  person  held  in  actual  custody  in  their  respective 
districts.  Injunctions,  writs  of  prohibition  and  habeas  corpus,  may 
be  issued  and  served  on  legal  holidays  and  non-judicial  days. 

Sec.  12.  The  State  shall  be  divided  into  judicial  districts,  in  each 
of  which  there  shall  be  elected  by  the  electors  thereof  one  Judge  of 
the  District  Court,  whose  term  of  office  shall  be  four  years,  except  that 
the  District  Judges  first  elected  shall  hold  their  offices  only  until  the 
general  election  in  the  year  one  thousand  eight  hundred  and  ninety- 
two  (1892),  and  until  their  successors  are  elected  and  qualified.  Any 
Judge  of  the  District  Court  may  hold  court  for  any  other  District 
Judge,  and  shall  do  so  when  required  by  law. 

Sec.  13.  Until  otherwise  provided  by  law  the  judicial  districts  of 
the  State  shall  be  constituted  as  follows:  First  district,  Lewis  and 
Clarke  countj^;  Second  district.  Silver  Bow  county;  third  district. 
Deer  Lodge  county;  Fourth  district,  Missoula  county;  Fifth  dis- 
trict, Beaverhead,  Jefferson  and  Madison  counties;  Sixth  district, 
Gallatin,  Park  and  Meagher  counties;  Seventh  district,  Yellowstone, 
Custer  and  Dawson  counties;  Eighth  district,  Choteau,  Cascade  and 
Fergus  counties. 

Sec.  1-1.  The  Legislative  Assembly  may  increase  or  decrease  the 
number  of  Judges  in  any  Judicial  district;  frovided^  that  there  shall 
be  at  least  one  Judge  in  any  district  established  by  law;  and  may 
divide  the  State,  or  any  part  thereof,  into  new  districts;  Provided. 
that  each  be  formed  of  compact  territory  and  be  bounded  by  county 
lines,  but  no  changes  in  the  number  or  boimdaries  or  districts  shall 
work  a  removal  of  any  Judge  from  office  during  the  term  for  which 
he  has  been  elected  or  appointed. 

Sec.  15.  "Writs  of  error  and  appeals  shall  be  allowed  from  the  de- 
cisions of  the  said  District  Courts  to  the  Supreme  Courts  under  such 
regulations  as  may  be  prescribed  by  law. 

Sec.  16.  No  person  shall  be  eligible  to  the  office  of  Judge  of  the 
District  Court  unless  he  be  at  least  twenty-five  years  of  age  and  a 
citizen  of  the  United  States,  and  shall  have  been  admitted  to  practice 
law  in  the  Supreme  Court  of  the  Territory  or  State  of  Montana,  nor 
unless  he  shall  have  resided  in  this  State  or  Territory  at  least  one 
year  next  preceding  his  election.  He  need  not  be  a  resident  of  the 
district  for  which  he  is  elected  at  the  time  of  his  election,  but  after 
his  election  he  shall  reside  in  the  district  for  which  he  is  elected 
during  his  term  of  office. 


i 


Montana— 1889  2319 

Sec.  17.  The  District  Court  in  each  county  -which  is  a  Judicial 
District  by  itself  shall  be  alwaj^s  open  for  the  transaction  of  business, 
except  on  legal  holidays  and  non-judicial  days.  In  each  district 
where  two  or  more  counties  are  united,  until  otherwise  provided  by 
law,  the  Judges  of  such  district  shall  fix  the  term  of  court,  provided 
that  there  shall  be  at  least  four  terms  a  year  held  in  each  county. 

Sec.  is.  There  sliall  be  a  Clerk  of  the  District  Court  in  each  county, 
who  shall  be  elected  by  the  electors  of  his  county.  The  Clerk  shall  be 
elected  at  the  same  time  and  for  the  same  term  as  the  District  Judge. 
The  duties  and  compensation  of  the  said  Clerk  shall  be  as  i)rovided  by 
law. 

COUNTY    ATTORNEYS 

Sec.  10.  There  shall  be  elected  at  the  general  election  in  each  county 
of  the  State  one  county  attorney,  whose  qualifications  shall  be  the 
same  as  are  required  for  a  judge  of  the  district  court,  except  that  he 
must  be  over  twenty-one  years  of  age,  but  need  not  be  twenty-five 
years  of  age,  and  whose  term  of  office  shall  be  two  years,  except  that 
the  county  attorneys  first  elected  shall  hold  their  offices  until  the  gen- 
eral election  in  the  year  one  thousand  eight  hundred  and  ninety  two, 
(1802)  and  until  their  successors  are  elected  and  qualified.  He  shall 
have  a  salary  to  be  fixed  by  law,  one-half  of  which  shall  be  paid  by 
the  State,  and  the  other  half  by  the  county  for  which  he  is  elected, 
and  he  shall  perform  such  duties  as  may  be  required  by  law. 

JUSTICES    OF   THE   PEACE 

Sec.  20.  There  shall  be  elected  in  each  organized  township  of  each 
county  by  the  electors  of  such  township  at  least  two  justices  of  the 
])eace,  who  shall  hold  their  offices  except  as  otherwise  provided  in  this 
constitution,  for  the  terms  of  two  years.  Justices  courts  shall  have 
such  original  jurisdiction  within  their  resj^ective  counties  as  nuiy  be 
prescribed  by  law,  except  as  in  this  constitution  otherwise  ])rovided ; 
Proridcd^  That  they  shall  not  have  jurisdiction  in  any  case  Avhere  the 
debt,  dauiage,  claim,  or  value  of  the  property  involved  exceeds  the 
sum  of  three  hundred  dollars. 

Sec.  21.  Justices  courts  shall  not  have  jurisdiction  in  any  case  in- 
volving the  title  or  right  of  possession  of  real  property,  nor  in  cases 
of  divorce,  nor  for  anuullment  of  marriage,  nor  of  cases  in  equity; 
nor  shall  tliey  have  power  to  issue  writs  of  habeas  corpus,  mandanuis, 
certiorari,  ([uo  warranto  injunction,  or  prohil)ition,  nor  the  power  of 
naturalization:  nor  shall  they  have  jurisdiction  in  cases  of  felony, 
exce})t  as  examiniug  courts;  nor  shall  criminal  cases  in  said  courts  l)e 
prosecuted  by  indictment;  but  said  courts  shall  have  such  jurisdic- 
tion in  criminal  matters,  not  of  the  grade  of  felony,  as  may  be  pro- 
vided by  law;  and  shall  also  have  concurrent  jurisdiction  with  the 
district  courts,  in  cases  of  forcible  entry  and  unlawful  detainer. 

Sec.  22.  Justices  courts  shall  always  be  open  for  the  transaction  of 
business,  except  on  legal  holidays  and  non-judicial  days. 

Sec.  23.  Appeals  shall  be  allowed  froui  justices  courts,  in  all  cases, 
to  the  district  courts,  in  such  manner  and  under  such  regulations  as 
may  be  pres(;ribed  by  law. 


2320  Montana— 1889 


POLICE  AND   MUNICIPAL  COURTS 


Sec.  24.  The  Legislative  Assembly  shall  have  power  to  provide  for 
creating  such  police  and  municipal  courts  and  magistrates  for  cities 
and  toAvns  as  may  be  deemed  necessary  from  time  to  time,  who  shall 
have  jurisdiction  in  all  cases  arising  under  the  ordinances  of  such 
cities  and  towns,  respectively;  such  police  magistrates  may  also  be 
constituted  ex  officio  justices  of  the  peace  for  their  respective  counties. 


MISCELLANEOUS   PROVISIONS 


Sec.  25.  The  supreme  and  district  courts  shall  be  courts  of  record. 

Sec.  26.  All  laws  relating  to  courts  shall  be  general  and  of  uniform 
operation  throughout  the  State;  and  the  organization,  jurisdiction, 
powers,  proceedings  and  practice  of  all  courts  of  the  same  class  or 
grade,  so  far  as  regulated  by  law,  shall  be  uniform. 

Sec.  27.  The  style  of  all  process  shall  be  "  The  State  of  Montana  " 
and  all  prosecutions  shall  be  conducted  in  the  name  and  by  the  author- 
ity of  the  same. 

Sec.  28.  There  shall  be  but  one  form  of  civil  action,  and  law  and 
equity  may  be  administered  in  the  same  action. 

Sec.  29.  The  justices  of  the  supreme  court  and  the  judges  of  the 
district  courts  shall  each  be  paid  quarterly  by  the  State,  a  salary, 
which  shall  not  be  increased  or  diminished  during  the  terms  for 
which  they  shall  have  been  respectively  elected.  Until  otherwise 
provided  by  law,  the  salary  of  the  justices  of  the  supreme  court  shall 
be  four  thousand  dollars  per  annum  each,  and  the  salary  of  the  judges 
of  the  district  courts  shall  be  three  thousand  five  hundred  dollars  per 
annum  each. 

Sec.  30.  No  justice  of  the  supreme  court  nor  judge  of  the  district 
court  shall  accept  or  receive  an}'  compensation,  fee.  allowance,  mile- 
age, perquisite  or  emolument  for  or  on  account  of  his  office  in  any 
form  whatever,  except  the  salary  provided  by  law. 

Sec.  31,  No  justice  or  clerk  of  the  supreme  court,  nor  judge  or 
clerk  of  any  district  court  shall  act  or  practice  as  an  attorney,  or 
counsellor  at  law  in  any  court  of  this  State  during  his  continuance  in 
office. 

Sec.  32.  The  legislative  assembly  may  provide  for  the  publication 
of  decisions  and  opinions  of  the  supreme  court. 

Sec.  33.  All  officers  provided  for  in  this  article,  excepting  justices 
of  the  supreme  court,  who  shall  reside  within  the  State,  shall  respec- 
tively reside  during  their  term  of  office  in  the  district,  county,  town- 
ship, precinct,  city  or  town  for  Avhich  they  may  be  elected  or 
appointed. 

Sec.  34.  Vacancies  in  the  office  of  justice  of  the  supreme  court,  or 
judge  of  the  district  court,  or  clerk  of  the  supreme  court,  shall  be 
filled  by  appointment,  by  the  governor  of  the  State,  and  vacancies  in 
the  offices  of  county  attorneys,  clerk  of  the  district  court,  and  justices 
of  the  peace  shall  be  filled  by  appointment  by  the  board  of  county 
commissioners  of  the  county  where  such  vacancy  occurs.  A  person 
appointed  to  fill  any  such  vacancy  shall  hold  his  office  until  the  next 
annual  election  and  until  his  successor  is  elected  and  qualified.  A 
})erson  elected  to  fill  a  vacancy  shall  hold  office  until  the  expiration 
of  the  term  for  which  the  person  he  succeeds  was  elected. 


Montana— 1889  2321 

Sec.  35.  Xo  justice  of  the  supreme  court  or  district  jndofe  shall  hold 
any  other  public  office  Avhile  he  remains  in  the  office  to  which  he  has 
been  elected  or  appointed. 

Sec.  3(j.  A  civil  action  in  the  district  court  may  be  tried  by  a  judge 
pro  tempore,  who  must  be  a  member  of  the  bar  of  the  State,  agreed 
upon  in  writing-  by  the  })arties  litigant,  or  their  attorneys  of  record, 
approved  by  the  court,  and  sworn  to  try  the  cause;  and  in  such  case 
any  order,  judgement  or  decree,  made  or  rendered  therein  by  such 
judge  pro  tempore,  shall  have  the  same  force  and  effect  as  if  made 
or  rendered  by  the  court  Avith  the  regular  judge  presiding. 

Sec.  37.  Any  judicial  officer  who  shall  absent  himself  from  the 
State  for  more  than  sixty  consecutive  days  shall  be  deemed  to  have 
forfeited  his  office. 

Article  IX 

RIGHTS  OF  SUFFRAGK  AND  QUALIFICATIONS  TO  HOLD  OFFICE 

Section  1.  All  elections  of  the  peoj)Ie  shall  be  by  ballot. 

Sec.  2.  Every  male  person  of  the  age  of  twenty-one  j^ears  or  over, 
possessing  the  following  qualihcations,  shall  be  entitled  to  vote  at  all 
general  elections  and  for  all  officers  that  now  are,  or  hereafter  may 
be,  elective  by  the  people  and  upon  all  ({uestions  which  may  be  sub- 
mitted to  the  vote  of  the  people:  First,  he  shall  be  a  citizen  of  the 
United  States;  second,  he  shall  have  resided  in  this  State  one  year 
innnediately  preceding  the  election  at  Avhich  he  offers  to  vote,  and  in 
the  town,  county  or  precinct  such  time  as  may  be  prescribed  by  law; 
Promded,  first,  that  no  person  convicted  of  felony  shall  have  the 
right  to  vote  unless  he  has  been  pardoned;  Pronided,  second,  that 
nothing  herein  contained  shall  be  construed  to  deprive  any  person  of 
the  right  to  A'ote  who  has  such  right  at  the  time  of  the  adoption  of 
this  constitution;  Prorided,  that  after  the  expiration  of  five  j^ears 
from  the  time  of  the  adoption  of  this  constitution  no  j)erson  except 
citizens  of  the  United  States  shall  have  the  right  to  vote. 

Sec.  3.  For  the  purpose  of  voting  no  person  shall  be  deemed  to 
have  gained  or  lost  a  residence  by  reason  of  his  presence  or  absence 
while  employed  in  the  service  of  the  State,  or  of  the  United  States, 
nor  while  engaged  in  the  naA'igation  of  the  waters  of  the  State  or  of 
(he  United  States,  nor  Avhile  a  student  at  any  institution  of  learning, 
nor  while  kej)t  at  any  alms-house  or  other  asylum  at  the  })ublic 
expense,  nor  while  confined  in  any  public  prison. 

Sec.  4.  P^lectors  shall  in  all  cases,  except  treason,  felony  or  l)reach 
of  the  peace,  be  privileged  from  arrest  during  their  attendance  at 
elections  and  in  going  to  and  returning  therefi'om. 

Sec.  5.  No  elector  shall  be  obliged  to  perform  military  duty  on  the 
days  of  election,  excej)t  in  time  of  war  or  public  danger. 

Sec.  ().  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  militaiT  or  naval  place  within  the  same. 

Sec.  7.  No  ])ers()n  shall  be  eUn'ted  or  ajipointed  to  any  office  in  this 
State,  civil  or  militai'v,  ^vho  is  not  a  citi/en  of  the  United  States,  and 
who  shall  not  have  resided  in  this  State  at  least  one  year  next  before 
his  election  or  appointment. 

Sec.  8.  No  idiot  or  insane  person  shall  be  entitled  to  vote  at  any 
election  in  this  State. 

T2o'.'> — VOL  o — 07 o2 


2322  Montana— 1889 

Sec.  0.  The  Legislative  Assembly  shall  liave  the  power  to  pass  a 
registration  and  such  other  hnvs  as  may  be  necessary  to  secure  the 
purity  of  elections  and  guard  against  abuses  of  the  elective  franchise. 

Sec.  10.  Women  shall  be  eligible  to  hold  the  office  of  county  super- 
intendent of  schools  or  any  school  district  office  and  shall  have  the 
right  to  vote  at  any  school  district  election. 

Sec.  11.  Any  person  qualified  to  vote  at  general  elections  and  for 
state  officers  in  this  state  shall  be  eligible  to  any  office  therein  except 
as  otherwise  provided  in  this  constitution,  and  subject  to  such  addi- 
tional qualifications  as  may  be  prescribed  b}^  the  Legislative  Assem- 
bly for  city  offices  and  offices  hereafter  created. 

vSec.  12.  Upon  all  questions  submitted  to  the  vote  of  the  tax-payers 
of  the  State,  or  any  political  division  thereof,  Avomen  who  are  tax- 
payers and  possessed  of  the  qualifications  for  the  right  of  suffrage 
required  of  men  by  this  constitution  shall  equally,  with  men,  have  the 
right  to  vote. 

Sec.  13.  In  all  elections  held  by  the  people  under  this  constitution, 
the  person  or  persons  who  shall  receive  the  highest  number  of  legal 
votes,  shall  be  declared  elected. 

Article  X 

state  institutions  and  public  buildings 

Section  1.  Educational,  reformatory  and  penal  institutions,  and 
those  for  the  benefit  of  the  insane,  blind,  deaf  and  mute,  soldiers' 
home,  and  such  other  institutions  as  th(^  public  good  may  require, 
shall  be  established  and  supported  by  the  State  in  such  a  manner  as 
may  be  prescribed  by  law. 

Sec.  2.  At  the  general  election  in  the  j^ear  one  thousand  eight  hun- 
dred and  ninety-two,  the  question  of  permanent  location  of  the  seat 
of  government  is  hereby  provided  to  be  submitted  to  the  qualified 
electors  of  the  State  and  the  majority  of  all  the  votes  upon  said 
question  shall  determine  the  location  thereof.  In  case  there  shall 
be  no  choice  of  location  at  said  election,  the  question  of  choice 
between  the  tAvo  places  for  Avhich  the  highest  number  of  votes  shall 
have  been  cast  shall  be,  and  is  hereby  submitted  in  like  manner  to  the 
qualified  electors  at  the  next  general  election  thereafter;  Pvovkled. 
that  until  the  seat  of  government  shall  have  been  permanently  located 
the  temporary  seat  of  government  shall  be  and  remain  in  the  city  of 
Helena. 

Sec.  3.  When  the  seat  of  government  shall  have  been  located  as 
herein  provided  the  location  thereof  shall  not  thereafter  be  changed, 
except  b}'  a  vote  of  two-third  of  all  the  qualified  electors  of  the  State 
voting  on  that  question  at  a  general  election  at  which  the  question  of 
the  location  of  the  seat  of  government  shall  have  been  submitted  by 
the  Legislative  Assembly. 

Sec.  4.  The  Legislative  Assembly  shall  make  no  appropriations  or 
expenditures  for  capital  buildings  or  grounds  until  ihe  seat  of  govern- 
ment shall  have  been  permanently  located,  as  herein  provided. 

Sec.  5.  The  several  counties  of  the  State  shall  provide  as  may  be 
prescribed  by  law  for  those  inhabitants,  who.  by  reason  of  age, 
infirmity  or  misfortune,  may  have  claims  upon  the  sympathy  and  aid 
of  society. 


Montana— 1889  2323 

Article  XI 

EDUCATION 

Section  1.  It  shall  be  the  duty  of  the  Legislative  Assembly  of  Mon- 
tana to  establish  and  maintain  a  general,  uniform  and  thorough  sys- 
tem of  public,  free  connnon  schools. 

Sec.  2.  The  public  school  fund  of  the  State  shall  consist  of  the  pro- 
ceeds 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  j^erson  or  corporation  under  any  law  or  grant 
of  the  general  govermnent ;  and  of  all  other  grants  of  land  or  money 
made  to  the  State  from  the  general  government  for  general  educa- 
tional purposes,  or  "vvhere  no  other  special  jmrpose  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  edu- 
cational purposes. 

Sec.  8.  Such  public  school  fund  shall  forever  remain  inviolate, 
guaranteed  by  the  State  against  loss  or  diversion,  to  be  invested,  so 
far  as  })ossible,  in  public  securities  within  the  State,  including  school 
district  bonds,  issued  for  the  erection  of  school  buildings,  under  the 
restrictions  to  be  provided  by  law. 

Sec.  4.  The  (Governor,  Superintendent  of  Public  Instruction,  Sec- 
retary of  State  and  Attorney  General  shall  constitute  the  State 
Board  of  Land  Commissioners,  which  shall  have  the  direction,  con- 
trol, leasing  and  sale  of  the  school  lands  of  the  State,  and  the  lands 
granted  or  which  nuiy  hereafter  be  granted  for  the  support  and 
benefit  of  the  various  State  educational  institutions,  under  such  regu- 
lations and  restrictions  as  may  l)e  })rescribed  by  law. 

Sec.  5.  The  interest  on  all  invested  school  funds  of  the  State,  and 
all  rents  accruing  from  the  leasing  of  any  school  lands,  shall  be 
api)ortioned  to  the  several  school  districts  oi  the  State  in  proportion 
to  the  number  of  children  and  youths  between  the  ages  of  six  and 
twenty-one  years,  residing  therein  resjjectively,  but  no  district  shall 
be  entitled  to  such  distributive  share  that  does  iu)t  maintain  a  public 
free  school  for  at  least  three  months  during  the  year  for  which  dis- 
tributions shall  be  made. 

Sec.  C).  It  shall  be  the  duty  of  the  Legislative  Assembly  to  proviile 
by  taxation,  or  otherwise,  suflicient  means, 'in  connection  with  the 
amount  received  from  the  general  school  fund,  to  maintain  a  public, 
free,  common  school  in  each  organized  district  in  the  State,  for  at 
least  three  months  in  each  year. 

Sec.  7.  The  public  free  schools  of  the  State  shall  be  open  to  all 
children  and  youth  between  the  ages  of  six  and  twenty-one  years. 

Sec.  8.  Neither  the  I^egislative  Assembly,  nor  any  county,  city, 
town,  or  school  district,  or  other  ])ublic  corpoi'ations,  shall  ever  make 
directly  oi'  indirectly,  any  a])propriati()n,  oi-  ))ay  fi-om  any  public 
fund  oi-  moneys  whatever,  or  make  any  grant  of  lands  oi-  other  pro|)- 
erty  in  aid  of  any  chui'ch.  or  for  any  sectarian  j^urjiose,  or  to  aid  in 
the  support  of  any  school,  academy,  seminary,  college,  university, 


2324  Montana— 1889 

Of  other  literaf}^,  scientific  institutioti,  controlled  in  whole  or  in  part 
by  any  church,  sect  or  denomination  whatever. 

Sfic.  0.  Xo  religions  or  partisan  test  or  qualification  shall  ever  be 
retjiiired  of  any  person  as  a  condition  of  admission  into  any  puVjlic 
educational  institution  of  the  State,  either  as  teacher  or  student;  nor 
shall  attendance  be  required  at  any  religious  service  whatever,  nor 
shall  any  sectarian  tenets  be  taught  in  any  public  educational  institu- 
tion of  the  State;  nor  shall  any  person  be  debarred  admission  to  any 
of  the  collegiate  departments  of  the  university  on  account  of  sex. 

Sec.  10.  The  Legislative  Assembly  shall  provide  that  all  elections 
for  school  district  officers  shall  be  separate  from  those  elections  at 
which  State  or  county  officers  are  voted  for^ 

SeCi  11.  The  general  control  and  supervision  of  the  State  Univer- 
sity and  the  Various  other  State  educational  institutions  shall  be 
vested  in  a  State  Board  of  Education^  whose  pOAvers  and  duties  shall 
be  prescribed  and  regulated  by  law.  The  said  board  shall  consist  of 
eleven  members,  the  Governor,  State  Superintendent  of  Public  ln= 
struction,  and  Attorney  General,  being  members  ex  officio,  the  other 
eight  members  thereof  shall  be  appointed  by  the  Governor,  subject  to 
the  confirmation  of  the  Senate,  under  the  regulations  and  restrictions 
to  be  provided  by  law. 

Sec.  12.  The  funds  of  the  State  University  and  of  all  other  State 
institutions  of  learning,  from  whatever,  source  accruing,  shall  forever 
remain  inviolate  and  sacred  to  the  purpose  for  which  they  were  dedi- 
cated. The  various  funds  shall  be  respectively  invested  under  such 
regulations  as  may  be  prescribed  by  law,  and  shall  be  guaranteed  by 
the  State  against  loss  or  diversion.  The  interest  of  said  invested 
funds,  together  with  the  rents  from  leased  lands  or  properties  shall  be 
devoted  to  the  maintenance  and  perpetuation  of  these  respective  insti- 
tutions. 

Article  XII 

REVENUE   AND    TAXATION 

Section  1.  The  necessary  revenue  for  the  support  and  maintenance 
of  the  State  shall  be  provided  b}'  the  Legislative  Assembly,  which 
shall  levy  a  uniform  rate  of  assessment  and  taxation,  and  shall  pre- 
scribe such  regulations  as  shall  secure  a  just  A'aluation  for  taxation  of 
all  property,  except  that  specially  provided  for  in  this  article.  The 
Legislative  Assembly  may  also  impose  a  license  tax,  both  upon  per- 
sons and  upon  corporations  doing  business  in  the  State. 

Sec.  2.  The  property  of  the  United  States,  the  State,  counties, 
cities,  towns,  school  districts,  municipal  corporations,  and  public 
libraries  shall  be  exempt  from  taxation;  and  such  other  property  as 
may  be  used  exclusively  for  agricultural  and  horticultural  societies, 
lor  educational  purposes,  jDlaces  for  actual  religious  worship,  hos- 
pitals and  places  of  burial  not  used  or  held  for  private  or  corporate 
profit,  and  institutions  of  purely  public  charity  may  be  exempt  from 
taxation. 

Sec.  3.  All  mines  and  mining  claims,  both  placer  and  rock  in  place, 
containing  or  bearing  gold,  silver,  copper,  lead,  coal,  or  other  valuable 
mineral  deposits,  after  purchase  thereof  from  the  United  States,  shall 
be  taxed  at  the  price  paid  the  United  States  therefor,  unless  the  sur- 
face ground,  or  some  part  thereof,  of  such  mine  or  claim,  is  used  for 


Montana— 1889  2325 

other  than  minings  purposes,  and  has  a  separate  and  independent 
value  for  such  other  purposes,  in  which  case  said  surface  ground,  or 
any  part  thereof,  so  used  for  other  than  mining  purposes,  shall  be 
taxed  at  its  value  for  such  other  purposes,  as  provided  by  law :  and  all 
machinery  used  in  mining,  and  all  property  and  surface  imjirove- 
ments  upon  or  appurtenant  to  mines  and  mining  claims  which  have  a 
value  separate  and  independent  of  sucli  mines  or  mining  claims,  and 
the  annual  net  proceeds  of  all  mines  and  mining  claims  shall  be  taxed 
as  provided  by  law. 

Sec.  4.  The  Legislative  Assembly  shall  not  levy  taxes  upon  the 
inhabitants  or  property  in  any  county,  city,  town,  or  municipal  cor- 
poration for  county,  town,  or  municipal  purposes,  but  it  may  by  law 
invest  in  the  corporate  authorities  thcn-eof  powers  to  assess  and  collect 
taxes  for  such  purposes. 

Sec.  5.  Taxes  for  city,  town  and  school  purposes  may  be  levied 
on  all  subjects  and  objects  of  taxation,  but  the  assessed  valuation  of 
any  property  shall  not  exceed  the  valuation  of  the  same  property  for 
state  and  count}"  purposes. 

Sec.  6.  No  county,  city,  town  or  other  municipal  corporation,  the 
inhabitants  thereof  nor  the  property  therein,  shall  be  released  or 
discharged  from  their  or  its  proportionate  share  of  State  taxes. 

Sec.  7.  The  power  to  tax  corporations  or  corjiorate  property  shall 
never  be  relinquished  or  suspended,  and  all  cor])orations  in  this  State, 
or  doing  l)usiness  therein,  shall  be  subject  to  taxation  for  state, 
county,  school,  municipal  and  other  purposes,  on  real  and  personal 
pro2)erty  owned  or  used  l)y  them  and  not  b}'^  this  constitution  ex- 
empted from  taxation. 

Sec.  8.  Private  property  shall  not  be  taken  or  sold  for  the  cor- 
porate debts  of  public  corporations,  but  the  Legislative  Assembly 
ma}^  provide  by  law  for  the  funding  thereof,  and  shall  ])rovide  by  law 
for  the  payment  thereof,  including  all  funded  debts  and  obligations, 
by  assessment  and  taxation  of  all  pi'ivate  property  not  exempt  from 
taxation  within  the  limits  of  the  tei-ritorv  over  which  such  cori)ora- 
tions  respectively  have  autiiority. 

Sec.  9.  The  rate  of  taxation  of  real  and  personal  property  for 
State  purposes  in  any  one  year  shall  never  exceed  three  (?>)  mills  on 
each  dollar  of  valuation;  and  whenever  the  taxable  j^ropertv  in  the 
State  shall  amount  to  one  hundred  million  dollars  ($100,000,000), 
the  rate  shall  not  exceed  two  and  one-half  {'2\)  mills  on  each  dollar 
of  valuation;  and  whenever  the  taxal)le  pro]iertv  in  the  state  shall 
amount  to  three  hundred  million  dollars  ($:U)b .000,000)  the  rate 
shall  never  thereafter  exceed  one  and  one-half  (U)  mills  on  each 
dollar  of  valuation;  unless  a  ])roposition  to  increase  such  rate  speci- 
fying the  rate  ))i'o]iosed  and  Ihe  time  during  which  the  same  shall 
be  levied,  shall  have  been  submitted  to  the  peoj)le  at  a  genei'al  election, 
and  shall  have  received  a  majority  of  all  the  votes  cast  for  and  against 
it  at  such  election. 

Sec.  10.  All  taxes  levied  for  State  jnirposes  shall  be  ])aid  into  (he 
State  treasury,  and  no  money  shall  be  drawn  from  ihe  treasury  but 
in  pursuance  of  specific  apjjroprintious  made  by  law. 

Sec.  11.  Taxes  shall  be  levied  and  collected  by  general  laws  and 
for  public  purposes  only.  They  shall  be  uniform  uj)on  the  same  class 
of  subjects  within  the  territorial  limits  of  the  authority  levying  the 
tax. 


2326  ■  Montana— 1889 

Sec.  12.  No  appropriation  shall  be  made  or  any  expenditure  author- 
ized by  the  Legislative  Assembly  whereby  the  expenditures  of  the 
State  during  any  fiscal  year  shall  exceed  the  total  tax  then  provided 
for  by  law,  and  applicable  to  such  appropriation  or  expenditure, 
unless  the  Legislative  Assembly  making  such  appropriation  shall  pvo- 
vide  for  levj'ing  a  sufficient  tax,  not  exceeding  the  rate  allowed  in 
section  nine  (9)  of  this  article,  to  pay  such  appropriations  or  ex- 
penditures within  such  fiscal  year.  This  provision  shall  not  apply 
to  'appropriations  or  expenditures  to  suppress  insurrection,  defend 
the  State,  or  assist  in  defending  the  United  States  in  time  of  war. 
No  appropriations  of  public  moneys  shall  be  made  for  a  longer  term 
than  two  years. 

Sfx'.  13.  The  State  treasurer  shall  keep  a  separate  account  of  each 
fund  in  his  hands,  and  shall  at  the  end  of  each  quarter  of  the  fiscal 
year  report  to  the  Governor  in  writing  under  oath,  the  amount  of  all 
moneys  in  his  hands  to  the  credit  of  every  such  fund,  and  the  place 
or  places  where  the  same  is  kept  or  deposited,  and  the  number  and 
amount  of  every  warrant  paid  or  redeemed  by  him  during  the  quarter. 
The  Governor,  or  other  person  or  persons  authorized  by  law,  shall 
verify  said  report  and  cause  the  same  to  be  immediately  published 
in  at  least  one  newspaper  printed  at  the  seat  of  government,  and 
otherwise  as  the  Legislative  Assembly  may  require.  The  Legislative 
Assembly  may  provide  by  law  further  regulations  for  the  safe  keeping 
and  management  of  the  public  funds  in  the  hands  of  the  treasurer; 
but,  notwithstanding  any  such  regulations,  the  treasurer  and  his 
sureties  shall  in  all  cases,  be  held  res]:»onsible  therefor. 

Sec.  14.  The  making  of  profit  out  of  public  moneys,  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, 
but  part  of  such  punishment  shall  be  disqualification  to  hold  public 
office. 

Sec.  15,  The  Governor,  Secretary  of  State,  State  Treasurer,  State 
Auditor  and  Attorney  General  shall  constitute  a  State  Board  of 
Equalization  and  the  Board  of  County  Commissioners  of  each  county 
shall  constitute  a  County  Board  of  Equalization.  The  duty  of  the 
State  Board  of  Equalization  shall  be  to  adjust  and  equalize  the  valu- 
ation of  the  taxable  property  among  the  several  counties  of  the  State. 
The  duty  of  the  County  Boards  of  Equalization  shall  be  to  adjust 
and  equalize  the  valuation  of  taxable  property  within  their  respective 
counties.  Each  board  shall  also  perform  such  other  duties  as  may  be 
prescribed  by  law. 

Sec.  16.  All  property  shall  be  assessed  in  the  manner  j^rescribed  by 
law  except  as  is  otherwise  provided  in  this  constitution.  The  fran- 
chise, roadw^ay,  roadbed,  rails  and  rolling  stock  of  all  railroads  oper- 
ated in  more  than  one  county  in  this  State  shall  be  assessed  by  the 
State  Board  of  Equalization  and  the  same  shall  be  apportioned  to  the 
counties,  cities,  towns,  townships  and  school  districts  in  which  such 
railroads  are  located,  in  proportion  to  the  number  of  miles  of  railway 
laid  in  such  counties,  cities,  toAvns,  townships  and  school  districts. 

Sec.  17.  Tlie  word  property  as  used  in  this  article  is  hereby  de- 
clared to  include  moneys,  credits,  bonds,  stocks,  franchises  and  all 
matters  and  things  (real,  personal  and  mixed)  capable  of  private 
ownership,  but  this  shall  not  be  construed  so  as  to  authorize  the  taxa- 
tion of  the  stocks  of  anj^  company  or  corporation  when  the  property  of 


Montana— 1889  2327 

such  company  or  corporation  represented  b}'  such  stocks  is  within  the 
State  and  has  been  taxed. 

Sec.  18.  The  Legishitive  Assembly  shall  pass  all  laws,  necessar}'  to 
carry  out  the  provisions  of  this  article. 

Articli:  XIII 

PUBLIC    INDEBTEDXESS 

Section  1.  Neither  the  State,  nor  any  county,  cit}'^,  town,  munici- 
pality, nor  other  subdivision  of  the  State  shall  ever  give  or  loan  its 
credit  in  aid  of,  or  make  any  donation  or  grant,  by  subsid}'  or  other- 
wise, to  any  individual,  association  or  corporation,  or  become  a  sub- 
scriber to,  or  a  share  holder  in,  an}'  company  or  corporation,  or  a 
joint  owner  with  any  person,  company  or  corporation,  except  as  to 
such  ownership  as  may  accrue  to  the  State  by  operation  or  provision 
of  law. 

Sec.  2.  The  Legislative  Assembly  slnUl  not  in  any  manner  create 
any  debt  except  by  law  which  shall  be  irrepealable  until  the  indel)ted- 
ness  therein  provided  for  shall  have  been  full}'  paid  or  discharged: 
such  law  shall  specify  the  purpose  to  which  the  funds  so  raised  shall 
be  applied  and  provide  for  the  levy  of  a  tax  sufficient  to  pay  the 
interest  on,  and  extinguish  the  principal  of  such  debt  within  the 
time  limited  by  such  law  for  the  payment  thereof;  but  no  debt  or  lia- 
bility shall  be  created  which  shall  singly,  or  in  the  aggregate  with 
any  existing  debt  or  liability,  exceed  the  sum  of  one  hundred  thousand 
dollars  ($100,000)  except  in  case  of  war,  to  repel  invasion  or  sup- 
press insurrection,  unless  the  law  authorizing  the  same  shall  have  been 
submitted  to  the  people  at  a  general  election  and  shall  have  received 
a  majorit}'  of  the  votes  cast  for  and  against  it  at  such  election. 

Sec.  3.  All  moneys  borrowed  by,  or  on  behalf  of  the  State  or  any 
county,  city,  town,  municipality  or  other  subdivision  of  the  State, 
shall  be  used  only  for  the  purpose  specified  in  the  law  authorizing 
the  loan. 

Sec.  -1.  The  State  shall  not  assume  the  debt,  or  any  part  thereof, 
of  any  county,  city,  town  or  municipal  corporation. 

Sec.  5.  Xo  county  shall  be  allowed  to  become  indebted  in  any  nu\n- 
ner,  or  for  any  purpose,  to  an  amount,  including  existing  indeljted- 
ness,  ill  the  aggregate,  exceeding  five  (5)  per  centum  of  the  (value  of 
the)  taxable  property  therein,  to  be  ascertained  by  the  last  assessment 
for  State  and  county  taxes  previous  to  the  incurring  of  such  indebt- 
edness, and  all  bonds  or  obligations  in  excess  of  such  amount  given 
by,  or  on  behalf  of  such  county  shall  be  void.  Xo  county  shall  incur 
any  indebtedness  or  liability  for  any  single  ])urposc  to  an  amount 
exceeding  ten  thousand  dollars  ($10,000)  without  the  apj^roval  of  a 
majority  of  the  electors  thereof,  voting  at  an  election  to  be  provided 
by  law. 

Sec.  6.  Xo  city,  town,  township  or  school  district  shall  be  allowed 
to  become  indebted  in  any  manner  or  for  any  purpose  to  an  amount, 
including  existing  indebteilness,  in  the  aggregate  exceeding  three  per 
centum  of  the  value  of  the  taxable  property  therein,  to  be  ascertained 
by  the  last  assessment  for  the  State  and  county  taxes  previous  to  the 
incurring  of  such  indebtedness,  and  all  bonds  or  obligations  in  excess 
of  such  amount  given  b}',  or  on  behalf  of,  such  city,  town,  township 


2328  Montana— 1889 

or  school  district  shall  be  void;  Promded,  however,  that  the  Legisla- 
tive Assembly  may  extend  the  limit  mentioned  in  this  section,  bv 
authorizing  municipal  corporations  to  submit  the  question  to  a  vote 
of  the  tax-payers  affected  thereby,  when  such  increase  is  necessary 
to  construct  a  sewerage  system  or  to  procure  a  supply  of  water  for 
such  municipality  which  shall  own  and  control  said  water  supply  and 
devote  the  revenues  derived  therefrom  to  the  payment  of  the  debt. 

Article  XTV 

military  affairs 

Section  1.  The  militia  of  the  State  of  Montana  shall  consist  of  all 
able-bodied  male  citizens  of  the  State  between  the  ages  of  eighteen 
(18)  and  forty-five  (45)  j^ears  inclusive,  except  such  persons  as  may 
be  exempted  by  the  laws  of  the  State  or  of  the  United  States. 

Sec.  2.  The  Legislative  Assembly  shall  provide  by  law  for  the 
organization,  equipment,  and  discipline  of  the  militia  and  shall  make 
rules  and  regulations  for  the  government  of  the  same.  The  organiza- 
tion shall  conform  as  nearly  as  practicable  to  the  regulations  for  the 
government  of  the  armies  of  the  United  States. 

Sec.  3.  The  Legislative  Assembly  shall  provide  by  law^  for  main- 
taining the  militia  by  appropriations  from  the  treasury  of  the  state. 

Sec.  4.  The  Legislative  Assembly  shall  provide  by  law  for  the  safe 
keeping  of  the  public  arms,  military  records,  relics  and  banners  of  the 
State. 

Sec.  5.  When  the  governor  shall,  with  the  consent  of  the  Legislative 
Assembly,  be  out  of  the  state  in  time  of  war  at  the  head  of  any  mil- 
itary force  thereof,  he  shall  continue  commander-in-chief  of  all  the 
military  forces  of  the  State. 

Article  XV 

CORPORATIONS    OTHER   THAN    MUNICIPAL 

Section  1.  All  existing  charters,  or  grants  of  special  or  exclusive 
privileges,  under  which  the  corporations  or  grantees  shall  not  have 
organized  or  commenced  business  in  good  faith  at  the  time  of  the 
adoption  of  this  constitution,  shall  thereafter  haA'e  no  validity. 

Sec.  2.  No  charter  of  incorporations  shall  be  granted,  extended, 
changed  or  amended  by  special  law,  except  for  such  municipal,  char- 
itable, educational,  penal,  or  reformatory  corporations  hereafter  as 
are  or  may  be  under  the  control  of  the  State,  but  the  Legislative 
Assembly  shall  provide  by  general  law  for  the  organization  of  corpo- 
rations to  be  created;  Provided,  That  any  such  laws  shall  be  subject 
to  future  repeal  or  alterations  by  the  Legislative  Assembly. 

Sec.  3.  The  Legislative  Assembly  shall  have  the  power  to  alter, 
revoke  or  annul  any  charter  of  incorporation  existing  at  the  time  of 
the  adoption  of  this  constitution,  or  which  may  be  hereafter  incorpo- 
rated, whenever  in  its  oi^inion  it  may  be  injurious  to  the  citizens  of 
the  State. 

Sec.  4.  The  Legislative  Assembly  shall  provide  by  law  that  in  all 
elections  for  directors  or  trustees  of  incorporated  companies,  every 
stockholder  shall  have  the  right  to  vote  in  j^erson  or  b}'  proxy  the 


Montana— 1889  2329 

number  of  shares  of  stock  owned  by  him  for  as  many  persons  as  there 
are  directors  or  trustees  to  be  elected,  or  to  cumulate  said  shares,  and 
give  one  candidate  as  many  votes  as  the  number  of  directors  multi- 
plied by  the  ninnl)er  of  his  shares  of  stock  shall  equal,  or  to  distribute 
them,  on  the  same  princii)le,  among  as  many  candidates  as  he  shall 
think  fit,  and  such  directors  or  trustees  shall  not  be  elected  in  any 
other  manner. 

Sec.  5,  All  railroads  shall  be  public  highways,  and  all  railroad, 
transportation  and  express  companies  shall  be  common  carriers  and 
su])ject  to  legislative  control,  and  the  Legislative  Assembly  shall  have 
the  power  to  regulate  and  control  by  law  the  rates  of  charges  for  the 
transportation  of  passengers  and  freight  by  such  companies  as  com- 
mon carriers  from  one  point  to  another  in  the  State.  Any  associa- 
tion 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  at  the  State  line  with  railroads  of 
other  states  and  territories.  Every  railroad  company  shall  have  the 
right  with  its  road  to  intersect,  connect  with,  or  cross  any  other  rail- 
road. 

Sec.  (),  No  railroad  corporation,  exj^ress,  or  other  transportation 
company,  or  the  lessees  or  managers  thereof,  shall  consolidate  its 
stock,  property  or  franchises  with  any  other  railroad  corporation, 
express  or  other  transportation  company,  owning  or  having  under  its 
control  a  parallel  or  competing  line;  neither  shall  it  in  any  manner 
unite  its  business  or  earnings  Avith  the  business  or  earnings  of  any 
other  railroad  corporation ;  nor  shall  any  officer  of  such  railroad, 
express,  or  other  transportation  company  act  as  an  officer  of  any  other 
railroad,  express,  or  other  transportation  compan}^  owning  or  having 
control  of  a  parallel  or  competing  line. 

Sec.  7.  All  individuals,  associations,  and  corporations  shall  h:i\e 
equal  rights  to  have  persons  or  property  transported  on  and  over  any 
raih-oad,  transj)ortation  or  express  route  in  this  state.  No  discrimi- 
nation in  charges  or  facilities  for  transportation  of  freight  or  pas- 
sengers of  the  same  class  shall  be  made  by  any  railroad,  or  transpor- 
tation, or,  express  company,  between  persons  or  places  within  this 
state;  but  excursion  or  conmiutation  tickets  ma}'  be  issued  and  sold 
at  special  rates,  provided  such  rates  are  the  same  to  all  persons.  No 
railroad,  or  transportation,  or  express  company,  shall  be  allowed  to 
charge,  collect,  or  receive,  under  i)enalties  which  the  Legislative 
Assembly  shall  jjrescribe,  any  greater  charge  or  toll  for  the  transpor- 
tation of  freight  or  passengers  to  any  i)lace  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  i)lace  or  station  ui)on  its 
route  or  line  within  this  State.  No  railroad,  express,  or  transportation 
company,  nor  any  lessee,  manager,  or  other  employe  thereof,  shall 
give  any  preference  to  any  individual,  association  or  corixjration.  in 
furnishing  cars  or  motive  power,  or  for  the  transportation  of  money 
or  other  express  matter. 

Sec.  8.  No  railroad,  exjn-ess,  or  other  transportation  company,  in 
existence  at  the  time  of  tlie  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. 


2330  Montana— 1889 

Sec.  9.  The  right  of  eminent  domain  shall  never  be  abridged,  nor 
so  construed  as  to  prevent  the  Legishitive  Assembly  from  taking  the 
property  and  franchises  of  incorporated  companies,  and  subjecting 
them  to  public  use  the  same  as  the  property  of  individuals;  and  the 
police  powers  of  the  State  shall  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.  10.  No  corporation  shall  issue  stock  or  bonds,  except  for  labor 
done,  services  performed,  or  money  and  proj^ert}^  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  major- 
ity of  the  stock  first  obtained  at  a  meeting  held  after  at  least  thirty 
days  notice  given  in  pursuance  of  law\ 

Sec.  11.  No  foreign  corporation  shall  do  any  business  in  this  State 
without  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  the  State. 

Sec.  12.  No  street  or  other  railroad  shall  be  constructed  within  any 
city  or  town  without  the  consent  of  the  local  authorities  having  con- 
trol of  the  street  or  highway  proposed  to  be  occupied  by  such  street 
or  other  railroad. 

Sec.  13.  The  Legislative  Assembly  shall  pass  no  law  for  the  benefit 
of  a  railroad  or  other  corporation,  or  any  individual  or  association 
of  individuals,  retrospective  in  its  operation,  or  which  imposes  on 
the  people  of  any  county  or  municipal  subdivision  of  the  State,  a  new 
liability  in  respect  to  transactions  or  considerations  already  passed. 

Sec.  14.  Any  association  or  corporation,  or  the  lessees  or  managers 
thereof,  organized  for  the  purpose,  or  any  individual,  shall  have  the 
right  to  construct  or  maintain  lines  of  telegraph  or  telephone  within 
this  State,  and  connect  the  same  with  other  lines;  and  the  Legislative 
Assembly  shall  by  general  law  of  uniform  operation  provide  reason- 
able regulations  to  give  full  effect  to  this  section.  No  telegraph  or 
telephone  company  shall  consolidate  with,  or  hold  a  controling  inter- 
est in,  the  stock  or  bonds  of  any  other  telegraph  or  telephone  company 
owning  or  having  the  control  of  a  competing  line,  or  acquired  b}' 
purchase  or  otherwise,  any  other  competing  line  of  telegraph  or  tele- 
phone. 

Sec.  15.  If  any  railroad,  telegraph,  telephone,  express,  or  other 
corporation  or  company  organized  under  any  of  the  laws  of  this 
State,  shall  consolidate,  by  sale  or  otherwise,  with  any  railroad,  tele- 
graph, telephone,  express,  or  other  corporation,  organized  under  any 
of  the  hiAvs  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  jurisdiction  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  place. 

Sec.  16.  It  shall  be  unlawful  for  any  person,  company  or  corpora- 
tion to  require  of  its  servants  or  employes,  as  a  condition  of  their 


Montana— 1889  2331 

employment  or  otherwise,  any  contract  or  agi-eement  whereby  such 
persons,  company  or  corporation,  shall  be  released  or  discharged  from 
liability  or  responsibility  on  account  of  personal  injuries  received  by 
such  servants  or  employes  while  in  the  service  of  such  person,  com- 
pany or  corporation,  by  reason  of  the  negligence  of  such  person,  com- 
2^any  or  corporation,  or  the  agents  or  employes  thereof;  and  such 
contracts  shall  be  absolutely  null  and  void. 

Sec.  17.  The  Legislative  Assembly  shall  not  pass  any  law  permit- 
ting the  leasing  or  alienation  of  any  franchise  so  as  to  release  or 
relieve  the  franchise  or  property  held  thereimder  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.  18.  The  term  "  corporation,"  as  used  in  this  article  shall  be 
held  and  construed  to  include  all  associations  and  joint  stock  com- 
panies, having  or  exercising  any  of  the  powers  or  privileges  of  corpo- 
rations not  possessed  by  individuals  or  partnerships ;  and  all  corpora- 
tions shall  have  the  right  to  sue,  and  shall* be  subject  to  be  sued  in  all 
courts  in  like  cases  as  natural  persons,  subject  to  such  regulations 
and  conditions  as  may  be  ])rescribed  by  law. 

Sec.  19.  Dues  from  private  corporations  shall  be  secured  by  such 
means  as  may  be  prescribed  b}^  law. 

Sec.  20.  No  incorporation,  stock  company,  person  or  association  of 
persons  in  the  State  of  JNIontana,  shall  directly  or  indirectly  combine 
or  form  what  is  known  as  a  trust,  or  make  m\y  contract  with  any 
person  or  persons,  corporations,  or  stock  company,  foreign  or  domes- 
tic, through  their  stockholders,  trustees,  or  in  any  manner  whatever, 
for  the  purpose  of  fixing  the  price,  or  regulating  the  j)roduction  of 
any  article  of  commerce,  or  of  the  product  of  the  soil,  for  consump- 
tion by  the  people.  The  Legislative  Assembly  shall  pass  laws  for 
the  enforcement  thereof  by  adequate  penalties  to  the  extent,  if  neces- 
sary for  that  purpose,  of  the  forfeiture  of  their  property  and  fran- 
chises, and  in  case  of  foreign  corporations  prohibiting  them  from 
carrying  on  business  in  the  State. 

Article  XVI 

MUNICIPAL,  CORPORATIONS  AND  OFFICERS 

Section  1.  The  several  counties  of  the  territory  of  ^Montana,  as 
they  shall  exist  at  the  time  of  the  admission  of  the  State  into  the 
Union  are  hereby  declared  to  be  the  counties  of  the  State  until  other- 
wise established  or  changed  by  law. 

Sec.  2.  The  Legislative  Assembly  shall  have  no  power  to  remove 
the  county  seat  of  any  county,  but  the  same  shall  be  provided  for  by 
general  law;  and  no  county  seat  shall  be  removed  unless  a  majority 
of  the  <iualilied  electors  of  the  county,  at  a  general  election  on  a 
proposition  to  remove  the  county  seat,  shall  vote  therefor;  but  no 
such  proposition  shall  be  submitted  oftener  than  once  in  four  years. 

Sec.  3.  In  all  cases  of  the  establishment  of  a  new  county  it  shall 
be  held  to  pay  its  ratable  proportion  of  all  then  existing  liabilities 
of  the  county  or  counties  from  which  it  is  formed,  less  the  ratable 
proportion  of  the  value  of  the  county  buildings  and  property  of  the 
county  or  counties  from  which  it  is  formed;  Provided,  That  nothing 


2332  Montana— 1889 

in  this  section  shall  prevent  the  re-adjustment  of  county  lines  be- 
tween existing-  counties. 

Sec.  4.  In  each  county  there  shall  be  elected  three  county  commis- 
sioners Avhose  term  of  office  shall  l)e  four  years.  A  vacancy  in  the 
board  of  county  commissioners  shall  be  filled  by  appointment  Iw  the 
district  judoe  of  the  district  in  which  the  vacancy  occurs. 

Sec.  5.  There  shall  be  elected  in  each  county  the  following  officers : 
One  county  clerk,  who  shall  be  clerk  of  the  board  of  county  commis- 
sioners and  ex  officio  recorder;  one  sheriff;  one  treasurer,  who  shall 
be  collector  of  taxes;  Provided,  That  no  person  shall  hold  the  office 
of  county  treasurer  for  more  than  two  consecutive  terms;  one  county 
superintendent  of  schools;  one  county  surveyor;  one  assessor;  one 
coroner;  one  public  administrator.  Persons  elected  to  the  different 
offices  named  in  this  section  shall  hold  their  respective  offices  for  the 
term  of  two  years,  and  until  their  successors  are  elected  and  qualified. 
Vacancies  in  all  count3%  township  and  precinct  offices,  except  that  of 
county  commissioners,  shall  be  filled  by  appointment  by  the  board  of 
county  commissioners,  and  the  appointee  shall  hold  his  office  until  the 
next  general  election. 

Sec.  6.  The  Legislative  Assembly  may  provide  for  the  election  or 
appointment  of  such  other  county,  township,  precinct  and  municipal 
officers  as  public  convenience  may  require  and  their  terms  of  office 
shall  be  as  prescribed  by  law,  not  in  any  case  to  exceed  two  years, 
except  as  in  this  constitution  otherwise  provided. 

Article  XVII 

public  lands 

Section  1.  All  lands  of  the  State  that  have  been,  or  that  may  here- 
after be  granted  to  the  State  by  congress,  and  all  lands  acquired  by 
gift  or  grant  or  devise,  from  any  person  or  corporation,  shall  be 
public  lands  of  the  State,  and  shall  be  held  in  trust  for  the  people, 
to  be  disposed  of  as  hereafter  provided,  for  the  respective  purposes 
for  which  they  have  been  or  may  be  granted,  donated  or  devised; 
and  none  of  such  land,  nor  any  estate  or  interest  therein,  shall  ever 
be  disposed  of  except  in  pursuance  of  general  laws  providing  for  such 
disposition,  nor  unless  the  full  market  value  of  the  estate  or  interest 
disposed  of,  to  be  ascertained  in  such  manner  as  may  be  provided  by 
law,  be  paid  or  safely  secured  to  the  State ;  nor  shall  any  lands  which 
the  State  holds  by  "grant  from  the  United  States  (in  any  case  in 
which  the  manner  "of  disposal  and  minimum  price  are  so  prescribed) 
be  disposed  of,  except  in  the  manner  and  for  at  least  the  price  pre- 
scribed in  the  grant  thereof,  without  the  consent  of  the  United  States. 
vSaid  lands  shall  be  classified  by  the  board  of  land  Commissioners,  as 
follows:  First,  lands  which  are  valuable  only  for  grazing  purposes. 
Second,  those  which  are  principally  valuable  for  the  timber  that  is 
on  them.  Third,  agricultural  lands.  Fourth,  lands  within  the  lim- 
its of  any  town  or  city  or  within  three  miles  of  such  limits;  Provided,^ 
That  any  of  said  lands  may  be  re-classified  whenever,  by  reason  of 
increased  facilities  for  irrigation  or  otherwise,  they  shall  be  subject 
to  different  classification. 

Sec.  2.  The  lands  of  the  first  of  said  classes  may  be  sold  or  leased, 
under  such  rules  and  regulations  as  may  be  prescribed  by  law.     The 


Montana~1889  2333 

lands  of  the  second  class  may  be  sold,  or  the  timber  thereon  may  be 
sold,  under  such  rules  and  regulations  as  may  be  prescribed  by  law. 
The  agricultural  lands  may  be  either  sold  or  leased,  under  such  rules 
and  regulations  as  may  be  prescribed  by  law.  The  land  of  the  fourth 
class  shall  be  sold  in  alternate  lots  of  not  more  than  five  acres  each, 
and  not  more  than  one-half  of  any  one  tract  of  such  lands  shall  be 
sold  prior  to  the  year  one  thousand  nine  hundred  and  ten  (1910). 

Sec.  3.  All  other  public  lands  may  be  disposed  of  in  such  manner 
as  may  be  provided  by  law. 

Article  XVIII 

LABOK 

Section  1.  The  Legislative  Assembl}^  may  provide  for  a  bureau  of 
agriculture,  labor  and  industry,  to  be  located  at  the  capital  and  be 
under  the  control  of  a  commissioner  appointed  b}^  the  Governor  sub- 
ject to  the  confirmation  of  the  senate.  The  commissioner  shall  hold 
his  office  for  four  years,  and  until  his  successor  is  appointed  and  qual- 
ified, his  com])ensation  shall  be  as  provided  by  law. 

Sec.  2.  It  shall  l)e  unlawful  for  the  warden  or  other  officer  of  any 
state  penitentiary  or  reformatory  institution  in  the  State  of  ISIontana, 
or  for  any  State  officer  to  let  by  contract  to  any  person  or  persons 
or  corporation  the  labor  of  any  con^ict  confined  within  said  insti- 
tutions. 

Article  XIX 

MIHCELLANEOIS    SlIUKCTS    AND    El'TURE    AMEN'DJIENTS 

Section  1.  Members  of  the  Legislative  Assembly  and  all  officers, 
executive,  ministerial  or  judicial,  shall  before  they  enter  upon  the 
duties  of  their  respective  offices,  take  and  subscribe  the  following 
oath  or  affirmation.  to-Avit :  "I  do  solemnly  swear  (or  affirm)  that  I 
will  support,  protect  and  defend  the  constitution  of  the  United 
States,  and  the  constitution  of  the  State  of  Montana,  and  that  I 
Avill  discharge  the  duties  of  my  office  with  fidelity:  and  that  I  have 
not  paid  or  contributed,  or  promised  to  pay  or  contribute,  either 
directly  or  indirectly,  any  money  or  other  valuable  thing  to  procure 
my  nomination  or  election  (or  a])pointment)  except  for  necessary 
and  ])ro])er  exj^yenses  expressly  authoi'ized  by  law;  that  I  have  not 
knowingly  violated  any  election  law  of  this  State,  or  procured  it  to 
be  done  by  others  in  my  behalf;  that  I  will  not  knowingly  receive, 
directly  or  indirectly,  any  money  or  other  valuable  thing  for  the  per- 
formance or  iKmperformance  of  any  act  or  duty  ]x'rtaining  to  my 
office  other  than  the  compensation  allowed  by  law.  So  help  me  God." 
And  no  other  oath,  declaration  or  test  shall  be  required  as  a  quali- 
fication for  any  office  or  trust. 

Sec.  2.  The  Ijcgislative  Assembly  shall  have  no  ]:)Ower  to  authorize 
lotteries,  or  gift  enterprises  for  any  pur|)ose,  and  shall  ])ass  laws  to 
prohibit  the  sale  of  lottery  or  gift  enterprise  tickets  in  this  State. 

Sec.  3.  The  Legislative  Assembly  shall  enact  suital)le  laws  to  pre- 
A'ent  the  destruction  by  fire  from  any  <'ause  of  the  grasses  and  forests 
upon  lands  of  the  State  or  upon  lands  of  the  public  domain  the  con- 
trol of  which  may  be  conferred  by  Congress  upon  this  State,  and  to 
otherAvise  protect  the  same. 


2334  Montana— 1889 

Sec.  4.  The  Legislative  Assembly  shall  enact  liberal  homestead  and 
exemption  laws. 

Sec.  5.  No  perpetuities  shall  be  allowed,  except  for  charitable 
purposes. 

Sec.  G.  All  county  officers  shall  keep  their  offices  at  the  county  seats 
of  their  respective  counties. 

Sec.  7.  In  the  disposition  of  the  public  lands  granted  by  the 
United  States  to  this  State,  preference  shall  always  be  given  to  actual 
settlers  thereon,  and  the  Legislative  Assembly  shall  provide  by  law 
for  carrying  this  section  into  effect. 

Sec.  8.  The  Legislative  Assembly  ma}^  at  any  time,  by  a  vote  of 
two-thirds  of  the  members  elected  to  each  house,  submit  to  the 
electors  of  the  State  the  question  whether  there  shall  be  a  conven- 
tion to  revise,  alter,  or  amend  this  constitution;  and  if  a  majority  of 
those  voting  on  the  question  shall  declare  in  favor  of  such  convention, 
the  Legislative  Assembly  shall  at  its  next  session  provide  for  the  call- 
ing thereof.  The  number  of  members  of  the  convention  shall  be  the 
same  as  that  of  the  house  of  representatives,  and  they  shall  be 
elected  in  the  same  manner,  at  the  same  places,  and  in  the  same  dis- 
tricts. The  Legislative  Assembly  shall  in  the  act  calling  the  con- 
vention designate  the  day,  hour  and  place  of  its  meeting,  fix  the 
pay  of  its  members  and  officers,  and  provide  for  the  payment  of  the 
same,  together  with  the  necessary  expenses  of  the  convention.  Before 
proceeding,  the  members  shall  take  an  oath  to  support  the  constitu- 
tion of  the  United  States  and  of  the  State  of  Montana,  and  to 
faithfully  discharge  their  duties  as  members  of  the  convention.  The 
qualifications  of  members  shall  be  the  same  as  of  members  of  the 
Senate,  and  vacancies  occurring  shall  be  filled  in  the  manner  pro- 
vided for  filling  vacancies  in  the  Legislative  Assembly.  Said  con- 
vention shall  meet  within  three  months  after  such  election  and  pre- 
pare such  revisions,  alterations  or  amendments  to  the  constitution 
as  may  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  or  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  amendment  shall  take  effect. 

Sec.  9.  Amendments  to  this  constitution  may  be  proposed  in  either 
house  of  the  Legislative  Assembly ;  and  if  the  same  shall  be  A^oted  for 
by  two-thirds  of  the  members  elected  to  each  house,  such  proj^osed 
amendments,  together  with  the  ayes  and  naves  of  each  house  thereon, 
shall  be  entered  in  full  on  their  respectiAe  journals;  and  the  Secre- 
tary of  State  shall  cause  the  said  amendment  or  amendments  to  bo 
published  in  full  in  at  least  one  ncAvspaper  in  each  county  (if  such 
there  be)  for  three  months  prcAdous  to  the  next  general  election  for 
members  to  the  LegislatiA^e  Assembly;  and  at  said  election  the  said 
amendment  or  amendments  shall  be  submitted  to  the  qualified  electors 
of  the  State  for  their  approval  or  rejection,  and  such  as  a])proved 
by  a  majority  of  those  A^oting  thereon  shall  become  part  of  the  Con- 
stitution. Should  more  amendments  than  one  be  submitted  at  the 
same  election,  they  shall  be  so  prepared  and  distinguished  by  numbers 
or  otherAvise  that  each  can  be  A*oted  on  separately;  Provided,  hoAv- 
CA'er,  that  not  more  than  three  amendments  to  this  constitution  shall 
be  submitted  at  the  same  election. 


Montana— 1889  2335 

Article  XX 

SCHEDULE 

That  no  inconvenience  may  arise  by  reason  of  changing  from  a 
Territorial  to  a  State  form  of  government,  it  is  declared  as  follows: 

Section  1.  All  laws  enacted  by  the  Legislative  Assembly  of  the 
Territory  of  Montana  and  in  force  at  the  time  the  State  shall  be 
admitted  ijito  the  Union  and  not  inconsistent  with  this  constitution 
or  the  constitution  or  laws  of  the  United  States  of  America,  shall 
be  and  remain  in  full  force  as  the  laws  of  the  State  until  altered  or 
repealed,  or  until  they  expire  by  their  own  limitaticm ;  Prorided, 
That  whenever  in  said  laws  the  words,  "  Territory,"  "  Montana 
Territory  "  or  "  Territory  of  ]\Iontana  "  occur,  the  words  "  State  "'  or 
"  State  of  Montana  *'  shall  be  appropriately  substituted  and  read 
therefor;  And,  prodded  fi/rthe/\  that  the  duties  which  now  by  law 
devolve  upon  probate  judges  as  jury  commissioners  and  in  relation 
to  issuing  marriage  licenses  and  filing  and  recording  marriage  cer- 
tificates, and  the  duties  as  ex-officio  clerks  of  their  own  courts,  shall, 
until  otherAvise  provided  by  law,  devolve  upon  and  be  performed  by 
the  clerks  of  the  district  courts  in  their  respective  counties;  And,  pro- 
vided further^  That  the  duties  of  probate  judges  jiow  imposed  by  laAV 
relative  to  town  sites  and  to  the  a])proval  of  bonds  of  other  county 
officers  shall,  until  otherwise  provided  by  law,  be  performed  by  the 
district  judges  in  the  several  counties  in  their  respective  districts. 

Sec.  2.  All  lawful  orders,  judgments  and  decrees  in  civil  causes, 
all  contracts  and  claims  and  all  lawful  convictions,  judgments  and 
sentences  in  criminal  actions,  made  and  entered,  or  pronounced  by 
the  courts  Avithin  the  Territory  of  Montana,  and  in  force  at  the  time 
the  State  shall  be  admitted  into  the  Union,  shall  continue  and  be  and 
remain  in  full  force  in  the  State  unaffected  in  any  respect  by  the 
chajige  from  a  Territorial  to  a  State  form  of  Government,  and  may 
be  enforced  and  executed  under  the  laws  of  the  State. 

Sec.  3.  Xo  crime  or  criniinal  offence  committed  against  the  laws 
of  the  Territory  of  Montana  shall  abate,  or  be  in  any  wise  affected, 
by  reason  of  the  change  from  a  Territorial  to  a  State  form  of  (tov- 
ernment ;  but  the  same  shall  be  deemed  and  taken  to  be  an  offence 
against  the  laws  of  the  State,  and  the  appropriate  courts  of  the  State 
shall  have  jurisdiction  over  and  to  hear  and  determine  the  same; 
Prorided^  That  this  section  shall  not  in  any  wise  be  construed  to 
change  the  law  of  the  statute  of  limitations  or  the  due  effect  or 
application  of  the  same. 

Sec.  4.  Except  as  herein  otherwise  provided,  the  word  "  district  " 
shall  be  substituted  and  read  in  lieu  of  the  word  '*  ])robate  "  in  the 
terms  "  probate  court ''  or  '*  probate  judge  "  whenever  the  same  occur  in 
the  laws  of  the  Territory  of  Montana,  and  all  said  laws  which  by  their 
terms  apply  to  probate  courts  or  ]>robate  judges  sliall.  ex('e))t  as  in 
this  constitution  otherwise  provided.  u])on  a  change  fi-om  Territorial 
to  State  goN'erninent,  be  deemed  and  taken  to  apjjly  to  district  courts 
and  district  judges;  Provided,  'V\va{  all  laws  allowing  fees  to  j)robate 
judges  are  herel)v  repealed. 

Sec.  5.  Clerks  of  district  courts,  until  otherwise  i)rovided  by  law, 
ehall  each  perform  the  duties  and  be  entitled  to  the  same  fees  as  now 
provided  by  laAv  for  clerks  of  the  district  courts  of  the  territory,  and 


2336  Montana— 1889 

until  otherwise  providecl  by  law  shall  also  perform  the  services  and 
be  entitled  to  fees  therefor  that  are  now  provided  for  clerks  of  pro- 
bate courts. 

Sec.  6.  Upon  a  change  from  Territorial  to  State  government  the 
&eals  in  use  b}^  the  supreme  court  and  the  Territorial  district  courts  in 
and  for  the  several  counties  respectively,  shall  pass  to  and  become, 
until  otherwise  provided  by  law,  the  seals  respectively  of  the  supreme 
court  and  of  the  district  courts  of  the  State  in  such  counties. 

Sec.  7.  Prosecutions  for  criminal  offences  against  the  laws  of  the 
Territory  of  Montana,  pending  at  the  time  the  State  shall  be  admitted 
into  the  Union  shall  not  abate;  but  the  same  shall  continue  and  be 
prosecuted  in  the  name  of  the  State  of  Montana,  and  the  title  of 
every  such  action  shall  be  changed  to  conform  to  this  j^rovision. 

Sec.  8.  Parties  who,  at  the  time  of  the  admission  of  the  State  into 
the  Union,  may  be  confined  under  lawful  commitments,  or  otherwise 
lawfully  held  to  answer  for  alleged  violations  of  any  of  the  criminal 
laws  of  the  Territory  of  Montana,  shall  continue  to  be  so  confined  or 
held  until  discharged  therefrom  by  the  proper  courts  of  the  State. 

Sec.  9.  All  Avrits,  processes,  prosecutions,  actions,  causes  of  action, 
defenses,  claims  and  rights  of  individuals,  associations,  and  bodies 
corjjorate  existing  at  the  time  the  State  shall  be  admitted  into  the 
Union,  shall  continue  and  be  respectively  executed,  proceeded  with, 
determined,  enforced  and  protected  under  the  laws  of  the  State. 

Sec.  10.  All  undertakings,  bonds,  obligations  and  recognizances  in 
force  at  the  time  the  State  shall  be  admitted  into  the  Union,  which 
were  executed  to  the  Territory  of  Montana,  or  any  officer  thereof  in 
his  official  capacity,  or  to  any  official  board  for  the  benefit  of  the  Ter- 
ritory of  Montana,  are  hereby  respectively  assigned  and  transferred 
to  the  State  of  Montana,  to  the  State  officer  successor  to  said  Terri- 
torial officer,  or  to  the  official  board  successor  to  the  aforesaid  official 
board,  for  the  use  of  the  state,  as  the  case  may  be,  and  shall  be  as  valid 
and  binding  as  if  executed  under  State  law  to  the  State,  or  State 
officer  in  his  official  capacity,  or  official  board,  for  the  benefit  of  the 
State ;  and  all  fines,  taxes,  penalties  and  forfeitures  due  or  owing  to 
the  Territory  of  Montana  or  to  any  county,  school  district,  (5r  munici- 
pality therein,  at  the  time  the  State  shall  be  admitted  into  the  Union, 
are  hereby  respectively  assigned  and  transferred,  and  the  same  shall 
be  payable  to  the  State,  county,  school  district  or  municipality,  as  the 
case  may  be,  and  payment  thereof  may  be  enforced  under  the  laws 
of  the  State. 

Sec.  11.  All  propertj^,  real  and  personal,  and  all  moneys,  credits, 
claims,  demands  and  choses  in  action  of  every  kind,  belonging  to  the 
Territory  of  Montana  at  the  time  the  State  shall  be  admitted  into  the 
Union,  are  herebj^  assigned  and  transferred  to,  and  shall  be  vested  in, 
and  become  the  property  of  the  State  of  Montana. 

Sec.  12.  All  obligations  of  the  Territory  of  Montana,  existing,  in 
force  and  unpaid  at  the  time  of  the  admission  of  the  State  into  the 
Union  are  hereby  assumed  by  the  State  which  shall  and  will  well  and 
truly  pay  the  same. 

Sec.  13.  All  matters,  cases  and  proceedings  pending  in  an}^  probate 
court  in  the  Territory  of  ISIontana.  at  the  time  the  State  shall  be 
admitted  into  the  Union,  and  all  official  records,  files,  moneys,  and 
other  property  of,  or  pertaining  to  such  court,  are  hereby  transferred 


Montana— 1889  2337 

lo  the  district  court  in  and  for  the  same  county,  and  such  district 
court  shall  have  full  power  and  jurisdiction  to  hear,  determine  and 
dispose  of  all  such  matters,  cases  and  proceedings. 

Sec.  Itt.  All  actions,  cases  and  proceedings,  and  matters  Avhich  shall 
be  pending:  in  the  sui^rome  and  district  courts  of  Montana  Territory 
at  the  time  of  the  admission  of  the  State  into  the  Union  whereof  the 
United  States  circuit  or  district  court  might  have  had  jurisdiction, 
had  such  court  existed  at  the  commencement  of  such  actions,  cases, 
})roceedings  and  matters,  respectively,  shall  be  transferred  to  said 
United  States  Circuit  and  District  Courts  respectively;  and  all  the 
files,  records,  indictments  and  proceedings  relating  to  such  actions, 
cases,  proceedings  and  matters  shall  be  transferred  to  said  United 
States  Courts;  ProrUIcd,  That  no  civil  action,  cause  or  proceeding 
to  which  the  United  States  is  not  a  party  shall  be  transferred  to  either 
of  said  Ignited  States  Courts  except  upon  written  request  of  one  of 
the  parties  thereto  and  in  the  absence  of  such  request,  such  case  shall 
be  proceeded  with  in  the  proper  State  courts. 

Sec.  15.  All  actions,  cases,  proceedings  and  matters  pending  in  the 
Supreme  and  District  Courts  of  the  Territory  of  Montana  at  the 
time  the  State  shall  be  admitted  into  the  Union,  and  all  files,  records 
and  indictments  relating  thereto,  except  as  otherwise  provided  herein, 
shall  be  ap])ropriately  transferred,  as  nuiy  be  proper  to  the  Supreme 
and  District  Courts  of  the  State,  respectively,  and  all  such  actions, 
cases,  and  matters  shall  be  proceeded  with  in  the  proper  State  courts. 

Sec.  IG,  Upon  a  change  from  a  Territorial  to  a  State  government, 
;uid  until  otherwise  provided  by  law,  the  Great  Seal  of  the  Territory 
shall  be  deemed  and  taken  to  be  the  Great  Seal  of  the  State  of 
^Montana. 

Sec.  it.  All  territorial,  county  and  township  officers  now  occupy- 
ing their  res])ective  positions  imder  the  laws  of  the  Territory  of  Mon- 
tana, or  of  the  United  States  of  America,  shall  continue  and  remain 
in  their  resj)ective  official  i)ositions  and  ])erform  the  duties  thereof  as 
now  provided  by  law  after  the  State  is  admitted  into  the  Union, 
and  shall  be  considered  State  officers  until  their  successors  in  office 
shall  be  duly  elected  and  qualified,  as  provided  by  ordinance,  not- 
withstanding any  inconsistent  provisions  in  this  constitution,  and 
shall  l)e  entitknl  to  the  same  compensation  for  their  services  as  is  now" 
establislied  by  law;  Prodded^  That  the  compensation  for  Justices  of 
tlie  Supreme  Court,  Governor  and  Secretary  of  the  Territory  shall 
be  ])aid  by  the  State  of  ^lontana. 

Done  in  open  convention  at  the  city  of  Helena  in  the  Territory  of 
Montana,  this  seventeenth  day  of  August,  in  the  year  of  our  Lord, 
one  thousand  eight  hundred  and  eighty  nine. 

AViLLiAM  A.  Clark,  President. 

United  States  of  America, 

Territory  of  Montana,  ss: 
I,  Louis  A.  Walker,  Secretary  of  the  Territory  of  Montana,  do 
liereby  certify  that  I  have  compared  the  annexed  and  foregoing 
(Constitution  of  the  State  of  ^Montana,  as  adopted  In'  the  ^lontana 
Constitutional  Convention  of  1881),  with  the  original  thereof,  filed 
in  my  office  on  the  17th  day  of  August,  A.  D.  1880,  and  that  the  same 
72.J.'?— VOL  3—07 33 


2338  Montana— 1889 

is  a  correct  transcript  therefrom,  and  of  the  whole  of  said  original 
Constitution. 

Witness  my  hand  and  the  seal  of  the  Territory  of  Montana,  this 
25th  day  of  August,  A.  D.  One  Thousand  Eight  Hundred  and 
Eighty-Nine. 

[seal.]  Louis  A.  Walker, 

Secretary  of  the  Territor^rj  of  Montana. 

ORDINANCES. 
Ordinance  No.  I. — Federal  Relations 

Be  it  Ordained:  First.  That  perfect  toleration  of  religious  senti- 
ment shall  be  secured  and  that  no  inhabitant  of  the  State  of  Montana 
shall  ever  be  molested  in  person  or  property,  on  account  of  his  or  her 
mode  of  religious  worship. 

Second.  That  the  people  inhabiting  the  said  proposed  State  of 
Montana,  do  agree  and  declare  that  they  forever  disclaim  all  right 
and  title  to  the  unappropriated  public  lands  lying  within  the  boun- 
daries thereof,  and  to  all  lands  lying  within  said  limits  owned  or  held 
by  any  Indian  or  Indian  tribes,  and  that  until  the  title  thereto  shall 
have  been  extinguished  by  the  United  States,  the  same  shall  be  and 
remain  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  Mon- 
tana, shall  never  be  taxed  at  a  higher  rate  than  the  lands  belonging 
to  residents  thereof;  that  no  taxes  shall  be  imposed  by  the  said  State 
of  Montana  on  lands  or  property  therein  belonging  to,  or  which  may 
hereafter  be  purchased  by  the  United  States  or  reserved  for  its  use. 
But  nothing  herein  contained  shall  preclude  the  said  State  of  Mon- 
tana from  taxing  as  other  lands  are  taxed  any  lands  owned  or  held 
by  any  Indian  who  has  severed  his  tribal  relations  and  has  obtained 
from  the  United  States  or  from  any  person  a  title  thereto  by  j^atent 
or  other  grant,  save  and  except  such  lands  as  have  been  or  may  be 
granted  to  any  Indian  or  Indians  under  any  act  of  congress  con- 
taining a  provision  exempting  the  lands  thus  granted  from  taxation, 
but  said  last  named  lands  shall  be  exempt  from  taxation  by  said 
State  of  Montana  so  long  and  to  such  extent  as  such  act  of  congress 
may  prescribe. 

Third.  That  the  debts  and  liabilities  of  said  Territory  of  Montana 
shall  be  assumed  and  i^aid  by  the  said  State  of  Montana. 

Fourth.  That  provision  shall  be  made  for  the  establishment  and 
maintenance  of  a  uniform  system  of  public  schools,  which  shall  be 
open  to  all  the  children  of  said  State  of  Montana  and  free  from 
sectarian  control. 

Fifth.  That  on  behalf  of  the  people  of  Montana,  we  in  convention 
assembled,  do  adopt  the  Constitution  of  the  United  States. 

Sixth.  That  the  Ordinances  in  this  Article  shall  be  irrevocable 
without  the  consent  of  the  United  States  and  the  people  of  said  State 
of  Montana. 


Montana— 1889  2339 

Seventh.  The  State  hereby  accepts  the  several  grants  of  land  from 
the  United  States  to  the  State  of  Montana,  mentioned  in  an  act  of 
congress,  entitled  "An  act  to  provide  for  the  division  of  Dakota 
into  two  States,  and  to  enable  the  joeople  of  North  Dakota,  South 
Dakota,  Montana  and  Washington,  to  form  constitutions  and  State 
governments,  and  to  be  admitted  into  the  Union  on  an  equal  footing 
with  the  original  States,  and  to  make  donations  of  public  lands  to 
such  States."  Approved  February  22d,  1889,  ujjon  the  terms  and 
conditions  therein  provided. 

Ordinance  II. — Elections 

Be  it  Oi'dained  hy  the  Convention  assembled  to  form  a  Constitution 
for  the  State  of  Montana: 

First.  That  an  election  shall  be  held  throughout  the  Territorj^  of 
Montana  on  the  first  Tuesday  of  October,  1889,  for  the  ratification 
or  rejection  of  the  constitution  framed  and  adopted  by  this  con- 
vention. 

Second.  At  said  election  the  constitution  framed  and  adopted  by 
this  convention  shall  be  submitted  to  the  people  of  the  territory  for 
their  ratification  or  rejection,  and  all  persons  who  are  then  qualified 
electors  under  the  laws  of  this  Territoiy,  shall  be  qualified  to  vote 
for  tlie  ratification  or  rejection  thereof. 

Third.  Said  elections  shall  be  held  at  the  several  polling  places  and 
precincts  throughout  the  Territory  appointed  for  the  holding  of  elec- 
tions inider  the  laws  of  the  Territory,  and  shall  be  conducted  in  the 
manner  prescribed  by  the  laws  of  the  territory  regulating  elections. 
The  boards  of  comity  commissioners  of  the  several  counties  of  the 
territory  shall  appoint  judges  and  clerks  of  such  election  in  each  of 
said  polling  places  and  precincts  in  the  same  manner  as  is  now  re- 
quired by  law  for  the  appointment  of  judges  and  clerks  of  general 
elections  in  the  territory. 

Foin-fh.  Each  elector  voting  at  said  election  shall  have  written  or 
printed  upon  the  ticket  he  may  deposit  in  the  ballot  box,  the  words 
^  For  the  Constitution  "  or  "Against  the  Constitution.'' 

F/ffli.  The  votes  cast  at  said  election  for  the  adoption  or  rejection 
of  said  constitution  shall  be  canvassed  by  the  canvassing  boards  of 
the  respective  counties  not  later  than  fifteen  days  after  said  election, 
or  sooner,  if  the  returns  from  all  of  the  precincts  shall  have  been 
received  and  in  the  manner  prescribed  by  the  laws  of  the  Territory  of 
Montana  for  canvassing  the  votes  at  general  elections  in  said  terri- 
tory, and  the  returns  of  said  election  shall  be  made  to  the  Secretary 
of  the  Territory,  who  with  the  Governor,  and  the  Chief  Justice  of 
the  Territory,  or  any  two  of  them  shall  constitute  a  board  of  can- 
vassers who  shall  meet  at  the  oflice  of  the  Secretary  of  the  Territory 
on,  or  before,  the  thirtieth  day  after  the  election,  and  canvass  tlie 
votes  so  cast  and  declare  the  result. 

Si.vtlt.  That  on  the  First  Tuesday  in  October,  1889,  there  shall  be 
elected  by  the  qualified  electors  of  Montana,  a  Governor,  a  Lieuten- 
ant-Governor, a  Secretary  of  State,  an  Attorney  General,  a  State 
Treasurer,  a  State  Auditor,  a  State  Superintendent  of  Public  Instruc- 


2340  Montana— 1889 

tion,  one  Chief  Justice,  and  two  Associate  Justices  of  the  Supreme 
Court,  a  Judge  for  each  of  the  Judicial  districts  established  by  this 
Constitution,  a  Clerk  of  the  Supreme  Court,  and  a  Clerk  of  the  Dis- 
trict Court  in  and  for  each  county  of  the  State,  and  the  members  of 
the  Legislative  Assembly  provided  for  in  this  constitution.  The 
terms  of  officers  so  elected  shall  begin  when  the  State  shall  be  ad- 
mitted into  the  Union  and  shall  end  on  the  first  Monday  in  January, 
1893,  except  as  otherwise  provided. 

Seventh.  There  shall  be  elected  at  the  same  time  one  Eepresentative 
in  the  fifty-first  congress  of  the  United  States. 

Eighth.  The  votes  for  the  above  officers  shall  be  returned  and  can- 
vassed as  is  provided  by  law.  and  returns  shall  be  made  to  the  Secre- 
tary of  the  Territory  and  canvassed  in  the  same  manner  and  by  the 
same  board  as  is  the  vote  upon  the  constitution,  except  as  to  Clerk  of 
the  District  Court. 

Ninth.  There  shall  also  be  elected  at  the  same  time  the  following 
county  and  township  officers:  Three  County  Commissioners,  one 
Clerk  of  the  Board  of  Commissioners,  and  ex-officio  Recorder,  one 
Sheriff,  one  County  Treasurer,  one  County  Superintendent  of  Com- 
mon Schools,  one  County  Surveyor,  one  County  Assessor,  one  Coro- 
ner, one  Public  Administrator,  one  County  Attorney,  two  Justices  of 
the  Peace,  and  two  Constables  for  each  toAvnship.  The  terms  of  office 
for  the  above  named  officers  shall  begin  upon  the  admission  of  the 
State  and  end  upon  the  first  Monday  of  January,  A.  D.  1893,  except, 
as  to  County  Treasurer  whose  term  shall  begin  on  the  first  JNlonday  in 
March  succeeding  his  election,  and  end  on  the  first  Monday  of  March, 
A.  D.  1893,  and  also,  as  to  county  commissioners  whose  terms  are 
otherwise  provided  for  in  this  constitution. 

Tenth.  The  voters  for  the  above  county  and  township  officers  and 
for  Clerk  of  the  District  Court,  shall  be  returned  and  canvassed  and 
certificates  of  election  to  said  officers  issued  as  is  now  provided  by  law. 

Eleventh.  Notice  of  the  election  for  the  adoption  or  rejection  of 
this  Constitution  and  for  State,  District,  County  and  township  officers 
shall  be  given  by  the  clerks  of  the  several  boards  of  county  commis- 
sioners in  the  same  manner  as  notice  of  general  elections  for  delegate 
to  congress  and  county  officers  is  required  to  be  given  by  the  existing 
laws  of  the  territory. 

Twelfth.  That  the  provisions  of  this  ordinance  shall  apply  only  to 
the  election  and  to  the  officers  elected  on  the  first  Tuesday  of  October, 
1889. 

AMENDMENTS 

Article  V 

Section  1.  The  legislatiA^e  authority  of  the  State  shall  be  vested  in 
a  Legislative  Assembly,  consisting  of  a  Senate  and  House  of  Repre- 
sentatives; but  the  people  reserve  to  themselves  power  to  propose 
laws,  and  to  enact  or  reject  the  same  at  the  polls,  except  as  to  laws 
relating  to  appropriations  of  money,  and  as  except  as  to  laws  for  the 
submission  of  constitutional  amendments,  and  except  as  to  local  or 
special  laws,  as  enumerated  in  Article  V,  Section  26,  of  this  Consti- 
tution, independent  of  the  Legislative  Assembly;    and  also  reserve 


Montana— 1889  2341 

power  at  their  own  option,  to  approve  or  reject  at  the  polls,  any  act 
of  the  Legislative  Assembly,  except  as  to  laws  necessary  for  the 
immediate  preservation  of  the  public  peace,  health  or  safety,  and 
except  as  to  laws  relating  to  appropriations  of  money,  and  except  as 
to  laws  for  the  submission  of  constitutional  amendments,  and  except 
as  to  local  or  special  laws,  as  enumerated  in  Article  V,  Section  2G,  of 
this  Constitution.  The  first  power  reserved  by  the  people  is  the 
Initiative  and  eight  per  cent  of  the  legal  voters  of  the  State  shall  be 
required  to  propose  any  measure  by  petition;  provided,  that  two- 
fifths  of  the  whole  number  of  the  counties  of  the  State  must  each 
furnish  as  signers  of  said  petition  eight  per  cent  of  the  legal  voters 
in  such  county,  and  every  such  petition  shall  include  the  full  text  of 
the  measure  so  proposed.  Initiative  petitions  shall  be  hied  with  the 
Secretary  of  State,  not  less  than  four  months  before  the  election  at 
Avliich  they  are  to  be  voted  upon. 

The  second  power  is  the  Referendum,  and  it  may  be  ordered  either 
by  petition  signed  by  five  per  cent  of  the  legal  voters  of  the  State; 
provided,  that  two-fifths  of  the  whole  number  of  the  counties  of  the 
State  nnist  each  furnish  as  signers  of  said  petition  five  per  cent  of 
the  legal  voters  in  such  county,  or,  by  the  Legislative  Assembly  as 
other  Bills  are  enacted. 

Referendum  petitions  shall  be  filed  with  the  Secretary  of  State,  not 
later  than  six  months  after  the  final  adjournment  of  the  Session  of 
the  Legislative  Assembly  which  passed  the  Bill  on  which  the  Refer- 
endum is  demanded.  The  veto  power  of  the  Governor  shall  not 
extend  to  measures  referred  to  the  people  by  the  Legislative  Assembly 
or  by  Initiative  Referendum  petitions. 

All  elections  on  measures  referred  to  the  people  of  the  State  shall 
be  had  at  the  biennial  regular  general  election,  except  Avhen  the  Legis- 
lative Assembly,  bj^  a  majority  vote,  shall  order  a  special  election. 
Any  measure  referred  to  the  people  shall  still  be  in  full  force  and 
effect  unless  such  petition  be  signed  by  fifteen  per  cent  of  the  legal 
voters  of  a  majority  of  the  whole  number  of  the  counties  of  the  State, 
in  which  case  the  law  shall  be  inoperative  until  such  time  as  it  shall 
be  passed  upon  at  an  election,  and  the  result  has  been  determined  and 
declared  as  provided  by  law.  The  whole  number  of  votes  cast  for 
(lovernor  at  the  regular  election  last  preceding  the  filing  of  any 
petition  for  the  Initiative  or  Referendum,  shall  be  the  basis  on  which 
the  number  of  the  legal  petitions  and  orders  for  the  Initiative  and 
for  the  Referendum  sliall  be  filed  with  the  Secretary  of  State;  and  in 
submitting  the  same  to  the  people,  he,  and  all  other  officers,  shall  be 
guided  by  the  (Jeneral  laws  and  the  Act  submitting  this  amendment, 
until  Legislation  shall  be  especially  provided  therefor.  The  enacting 
clause  of  every  law  originated  l)y  the  Initiative  shall  be  as  follows: 

"  Be  it  enacted  by  the  People  of  Montana  :  *" 

This  Section  shall  not  be  construed  to  deprive  an}^  member  of  the 
Legislative  Assembly  of  the  right  to  introduce  an}'  measure. 

Sec.  2.  That  separate  Official  Ballots  be  used  at  the  general  elec- 
tion, to  be  held  in  November,  IDOO,  and  shall  have  printed  thei'eon  the 
words:  "For  the  Amendment  to  the  Constitution  providing  for 
Direct  Legislation  and  Reference  of  Laws,"  and  the  words.  '•  Against 
the  Amendment  to  the  Constitution  providing  for  Direct  Legislation 
and  Reference  of  Laws." 


2342  Montana— 1889 

It  shall  be  the  duty  of  the  Legislative  Assembly  to  enact  Legisla- 
tion suitable  for  carrying  this  amendment  into  effect. 

Sec.  3.  All  Acts  or  parts  of  Acts  in  conflict  with  this  Act  are  hereby 
repealed. 

Sec.  4.  This  Act  shall  take  effect  and  be  in  full  force  from  and 
after  its  passage  and  approval  by  the  Governor. 

Wyllys  a.  Hedges, 

Speaker  of  the  House. 
Edwin  Norris, 

President  of  the  Senate. 
Approved  March  2nd,  1905. 
J.  K.  Toole,  Governor. 
Filed  March  2nd,  1905,  at  8.30  P.  M. 
A.  N.  YoDER,  Secretary  of  State. 


NEBRASKA 

For  organic  acts  issued  before  18G4  relating  to  the  land  now  in  Ncl)raskn  soo 
in  this  work  : — 

Treaty  Ceding  Lonisiana,  ISO?,   (Louisiana,  p.  3359). 

DistriVt  of  Louisiana,  1S()4   (Louisiana,  p.  18G4). 

Territory  of  Lonisiana,  LSO")   (Louisiana,  p.  1371). 

Territory  of  Missouri.   1812    (Missouri,  p.  2139). 

Enabling  Act  for  Missouri,  1820  (Missouri,  p.  2145). 

Act  for  Government  of  Indian  Country,  1834  (Indian  Territory,  p.  1097). 

Treaty  of  Guadalupe  Hidalgo.  1848  (California,  p.  377).  * 

Territory  of  Nebraska,  1854  (Kansas,  p.  IIGI)." 

ENABLING  ACT  FOR  NEBRASKA— 1864 '' 

[Thirty-eighth  Congress,  First  Session] 

An  Act  to  enable  the  people  of  Nebraska  to  form  a  constitution  and  State  gov- 
ernment, and  for  the  admission  of  such  State  into  the  Union  on  an  equal  foot- 
ing with  the  original  States. 

Be  it  enacted  ly  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  the  inhabitants 
of  that  portion  of  the  Territory  of  Nebraska  inchuled  in  the  bounda- 
ries hereinafter  designated  be,  and  they  are  hereby,  authorized  to  form 
for  themselves  a  constitution  and  State  government,  Avith  the  name 
aforesaid,  Avhich  State,  when  so  formed,  shall  be  admitted  into  the 
Union  as  hereinafter  provided. 

Sec.  2.  And  he  it  further  enacted.  That  the  said  State  of  Xel)raska 
shall  consist  of  all  the  territory  included  within  the  following  bound- 
aries, to  Avit:  Commencing  at  a  point  formed  l)y  the  intersection  of 
the  western  boundary  of  the  State  of  Missouri  with  the  fortieth  degree 
of  north  latitude;  "extending  thence  due  west  along  said  fortieth 
degree  of  north  latitude  to  a  point  formed  by  its  intersection  with  tiie 
twenty-fifth  degree  of  longitude  west  from  Washington ;  thence  north 
along"^  said  twenty-fifth  degree  of  longitude  to  a  point  formed  by 
its  intersection  with  the  forty-first  degree  of  north  latitude:  thence 
west  along  said  forty-first  degree  of  north  latitude  to  a  point  formed 
by  its  intersection  with  the  twenty-seventh  degree  of  longitude  west 
from  AVashington;  thence  north  along  said  twenty-seventh  degree  of 
west  longitude  to  a  point  formed  by  its  intersection  with  the  forty- 
third  degree  of  north  latitude;  thence  east  along  said  forty-third 
degree  of  north  latitude  to  the  Reya  Paha  River;  thence  down  the 
middle  of  the  channel  of  said  river,  with  its  meanderings,  to  its  junc- 

«  Under  this  act  the  Territory  of  Nebraska  included  the  area  of  the  present 
state  of  Nebraska,  as  well  as  portions  of  Colorado,  Wyoming,  Montana,  North 
Dakota,  and  South  Dakota.  Its  area  was  successively  reduced  by  the  erection  of 
the  Territories  of  Colorado,  Idaho  and  Montana. 

&  For  otlier  statutes  of  an  organic  nature  relating  to  Neliraska  see  the  act  to 
prohibit  slavery  in.  .Tune  19.  18(52  ;  to  regulate  elective  franehise  in.  .Tanuary  2i5, 
18(37 ;  to  prohilL)it  si)ecial  acts  of  incorporation  in.  March  2,  18()7. 

2343 


2344  Nebraska— 1864 

tion  with  the  Niobrara  Kiver ;  thence  down  the  middle  of  the  channel 
of  said  Niobrara  Eiver,  and  following  the  meanderings  thereof,  to  its 
junction  with  the  Missouri  River;  thence  down  the  middle  of  the 
channel  of  said  Missouri  River,  and  following  the  meanderings 
thereof,  to  the  place  of  beginning. 

Sec.  3.  And  he  it  further  enacted^  That  all  persons  qualified  by  law 
to  vote  for  representatives  to  the  general  assembly  of  said  Territory 
shall  be  qualified  to  be  elected,  and  they  are  hereby  authorized  to  vote 
for  and  choose  representatives  to  form  a  convention,  under  such  rules 
and  regulations  as  the  governor  of  said  Territory  may  prescribe,  and 
also  to  vote  upon  the  acceptance  or  rejection  of  such  constitution  as 
may  be  formed  by  said  convention,  under  such  rules  and  regulations 
as  said  convention  may  prescribe,  and  if  any  of  said  citizens  are 
enlisted  in  the  Army  of  the  United  States,  and  are  still  within  said 
Territory,  they  shall  be  permitted  to  vote  at  their  place  of  rendezvous, 
and  if  any  are  absent  from  said  Territory,  by  reason  of  their  enlist- 
ment in  the  Army  of  the  United  States,  they  shall  be  permitted  to 
vote  at  their  place  of  service,  under  the  rules  and  regulations  in  each 
case  to  be  prescribed  as  aforesaid,  and  the  aforesaid  representatives 
to  form  the  aforesaid  convention  shall  be  apportioned  among  the  sev- 
eral counties  in  said  Territory  in  proportion  to  the  population,  as  near 
as  may  be,  and  said  apportionment  shall  be  made  for  said  Territory, 
by  the  governor.  United  States  district  attorney,  and  chief  justice 
thereof,  or  any  two  of  them.  And  the  governor  of  said  Territory 
shall,  by  proclamation,  on  or  before  the  first  Monday  of  May  next, 
order  an  election  of  the  representatiA^es  aforesaid  to  be  held  on  the 
first  Monday  in  June  thereafter  throughout  the  Territory,  and  such 
election  shall  be  conducted  in  the  same  manner  as  is  prescribed  by  the 
laws  of  said  Territory  regulating  elections  therein  for  members  of  the 
house  of  representatives,  and  the  number  of  members  to  said  conven- 
tion shall  be  the  same  as  now  constitute  both  branches  of  the  legisla- 
ture of  the  aforesaid  Territory. 

Sec.  4.  And  he  it  further  enacted.  That  the  members  of  the  conven- 
tion thus  elected  shall  meet  at  the  capital  of  said  Territory  on  the 
first  Monday  in  July  next,  and,  after  organization,  shall  declare,  on 
behalf  of  the  people  of  said  Territory,  that  they  adopt  the  Constitu- 
tion of  the  United  States,  whereupon  the  said  convention  shall  be, 
and  it  is  hereby,  authorized  to  form  a  constitution  and  State  govern- 
ment :  Provided,  That  the  Constitution,  when  formed,  shall  be  rejmb- 
lican,  and  not  repugnant  to  the  Constitution  of  the  United  States 
and  the  principles  of  the  Declaration  of  Independence:  And  pro- 
vided further.  That  said  constitution  shall  provide,  by  an  article  for- 
ever irrevocable,  without  the  consent  of  the  Congress  of  the  TTnited 
States — 

First.  That  slavery  or  involuntary  servitude  shall  be  forever  pro- 
hibited in  said  State. 

Second.  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. 

Third.  That  the  people  inhabiting  said  Territory  do  agree  and 
declare  that  they  forever  disclaim  all  right  and  title  to  the  unappro- 
priated public  lands  lying  within  said  Territory,  and  that  the  same 
shall  be  and  remain  at  the  sole  and  entire  disposition  of  the  United 
States,  and  that  the  lands  belonging  to  citizens  of  the  United  States 


Nebraska— 1864  2345 

residing  without  the  said  State  shall  never  be  taxed  higher  than  the 
land  belonging  to  residents  thereof,  and  that  no  taxes  shall  be  imposed 
by  said  State  on  lands  or  property  therein  belonging  to  or  which  may 
hereafter  be  purchased  by  the  United  States. 

Sec.  5.  And  he  it  further  enacted,,  That  in  case  a  constitution  and 
State  government  shall  be  formed  for  the  people  of  said  Territory  of 
Nebraska,  in  compliance  with  the  provisions  of  this  act,  that  said 
convention  forming  the  same  shall  })rovide  by  ordinance  for  submit- 
ting said  constitution  to  the  people  of  said  State  for  their  ratification 
or  rejection  at  an  election  to  be  held  on  the  second  Tuesday  of  Octo- 
ber, one  thousand  eight  hundred  and  sixty-four,  at  such  places  and 
under  such  regulations  as  may  be  prescribed  therein,  at  which  elec- 
tion the  qualified  voters,  as  hereinbefore  provided,  shall  vote  directly 
for  or  against  the  proposed  constitution,  and  the  returns  of  said 
elections  shall  be  made  to  the  acting  governor  of  the  Territory,  who. 
together  with  the  United  States  district  attorney  and  chief  justice  of 
the  said  Territory,  or  any  two  of  them,  shall  canvass  the  same,  and 
if  a  nuijority  of  legal  votes  shall  be  cast  for  said  constitution  in  said 
proposed  State,  the  said  acting  governor  shall  certify  the  same  to 
the  President  of  the  United  States,  together  with  a  cojn'  of  said 
constitution  and  ordinances;  whereupon  it  shall  be  the  duty  of  the 
President  of  the  United  States  to  issue  his  proclamation  declaring 
the  State  admitted  into  the  Union  on  an  equal  footing  with  the  orig- 
inal States,  without  any  further  action  whatever  on  the  ])art  of 
Congress. 

Sec.  6.  And  he  it  further  enacted^  That  until  the  next  general  cen- 
sus shall  be  taken  said  State  of  Nebraska  shall  be  entitled  to  one  Kep- 
resentative  in  the  House  of  Representatives  of  the  Ignited  States, 
which  Representative,  together  with  the  governor  and  State  and 
other  officers  provided  for  in  said  constitution,  may  be  elected  on  the 
same  day  a  vote  is  taken  for  or  against  the  proposed  constitution  and 
State  government. 

Sec.  7.  And  he  it  further  enacted,.  That  sections  numbered  sixteen 
and  thirty-six  in  every  township,  and  when  such  sections  have  been 
sold  or  otherAvise  disposed  of  by  any  act  of  Congress,  other  lands 
equivalent  thereto,  in  legal  subdivisions  of  not  less  than  one  <piartcr- 
section,  and  as  contiguous  as  may  be,  shall  be,  and  are  hereby,  granted 
to  said  State  for  the  support  of  conmion  schools. 

Sec.  8.  And  he  it  further  enacted.  That  provided  the  State  of 
Nebraska  shall  be  admitted  into  the  Union  in  accordance  with  the 
foregoing  provisions  of  this  act,  that  tAventy  entire  sections  of  the 
unai)proi)riated  public  lands  within  said  State,  to  be  selected  and 
located  by  direction  of  the  legislature  thereof,  on  or  before  the  first 
day  of  January,  anno  Domini  eighteen  hundred  and  sixty-eight, 
shall  be,  and  they  are  hereby,  gi-anted,  in  legal  subdivisions  of  not 
less  than  one  hundred  and  sixty  acres,  to  said  State  for  the  puri)ose 
of  erecting  public  buildings  at  the  capital  of  said  State  for  legislative 
and  judicial  purposes,  in  such  manner  as  the  legislature  -hall 
prescribe. 

Sec.  0.  And  he  it  further  enacted.  That  fifty  other  entire  sections 
of  land,  as  aforesaid,  to  be  selected  and  located  as  aforesaid,  in  legal 
subdivisions  as  aforesaid,  shall  be.  and  they  are  hereby,  granted  to 
said  State  for  the  purpose  of  erecting  a  suitable  building  for  a  peni- 
tentiary or  State  prison  in  the  manner  aforesaid. 


2346  Nebraska— 1867 

Sec.  10.  A7id  be  it  further  enacted,  That  seventy-two  other  sections 
of  land  shall  be  set  apart  and  reserved  for  the  use  and  support  of  a 
State  university,  to  be  selected  in  manner  as  aforesaid,  and  to  be 
appropriated  and  applied  as  the  legislature  of  said  State  may  pre- 
scribe for  the  purpose  named,  and  for  no  other  purpose. 

Sec.  11.  And  he  it  further  enacted,  That  all  salt-springs  within 
said  State,  not  exceeding  twelve  in  number,  with  six  sections  of  land 
adjoining,  or  as  contiguous  as  may  be  to  each,  shall  be  granted  to 
said  State  for  its  use,  the  said  land  to  be  selected  by  the  governor 
thereof  within  one  3'ear  after  the  admission  of  the  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  lands,  the  right  whereof  is  now  vested  in  any  individual 
or  individuals,  or  which  hereafter  shall  be  confirmed  or  adjudged 
to  any  individual  or  individuals,  shall,  by  this  act,  be  granted  to  said 
State. 

Sec.  12.  And  he  it  further  enacted.  That  five  per  centum  of  the 
proceeds  of  the  sales  of  all  public  lands  lying  within  said  State,  which 
have  been  or  shall  be  sold  by  the  United  States  prior  or  subsequent 
to  the  admission  of  said  State  into  the  Union,  after  deducting  all 
expenses  incident  to  the  same,  shall  be  paid  to  the  said  State  for  the 
sup23ort  of  common  schools. 

Sec.  13.  And  he  it  further  enacted,  That  from  and  after  the  admis- 
sion of  the  said  State  of  Nebraska  into  the  Union  in  pursuance  of 
this  act,  the  laws  of  the  United  States,  not  locally  inapplicable,  shall 
have  the  same  force  and  effect  within  the  said  State  as  elsewhere 
w^ithin  the  United  States,  and  said  State  shall  constitute  one  judicial 
district  and  be  called  the  district  of  Nebraska. 

Sec.  14.  And  he  it  further  enacted.  That  any  unexpended  balance 
of  the  appropriations  for  said  territorial  legislative  expenses  of  Ne- 
braska remaining  for  the  fiscal  years  eighteen  hundred  and  sixty- 
three  and  eighteen  hundred  and  sixty-four,  or  so  much  thereof  as 
may  be  necessary,  shall  be  applied  to  and  used  for  defraying  the 
expenses  of  said  convention  and  for  the  payment  of  the  members 
thereof,  under  the  same  rules,  regulations,  and  rates  as  are  now  pro- 
vided by  law  for  the  payment  of  the  territorial  legislature. 

Approved,  April  19,  1864. 

ADMISSION  OF  NEBRASKA— 1867  " 

[Thibty-ninth  Congress,  Second  Session] 
An  Act  for  the  admission  of  the  State  of  Nebraska  into  the  Union 

Whereas,  on  the  twenty-first  [nineteenth]  day  of  March,  [April,] 
anno  Domini  eighteen  hundred  and  sixty-four.  Congress  passed  an 
act  to  enable  the  people  of  Nebraska  to  form  a  constitution  and  State 
government,  and  offered  to  admit  said  State,  when  so  formed,  into 
the  Union,  upon  compliance  with  certain  conditions  therein  specified ; 

o  The  legislature  of  Nebraska,  having  been  convened  February  20,  1867,  to  take 
action  on  the  third  section  of  this  act.  enacted  "  That  the  act  of  the  Congress  of 
the  United  States,  entitled  'An  act  for  the  admission  of  the  State  of  Nebraska 
into  the  Union,'  passed  February  9,  1867,  be,  and  the  same  is  hereby,  ratified  and 
accepted,  and  it  is  hereby  declared  that  the  provisions  of  the  third  section  of  said 
act  of  Congress  shall  be  a  part  of  the  organic  law  of  the  State  of  Nebraska." 


Nebraska— 1867  2347 

and  whereas  it  appears  that  the  said  people  have  adopted  a  constitu- 
tion which,  upon  due  examination,  is  found  to  conform  to  the  provi- 
sions and  comply  with  the  conditions  of  said  act,  and  to  be  republican 
in  its  form  of  government,  and  that  they  now  ask  for  admission  into 
the  Union :  Therefore, 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.,  That  the  constitu- 
tion and  State  government  which  the  people  of  Nebraska  have  formed 
for  themselves  be,  and  the  same  is  hereby,  accepted,  ratified,  and  con- 
firmed, and  that  the  said  State  of  Nebraska  shall  be,  and  is  hereby, 
declared  to  be  one  of  the  United  States  of  America,  and  is  hereby 
admitted  into  the  Union  upon  an  equal  footing  with  the  original 
States  in  all  respects  whatsoever. 

Sec.  2.  And  he  it  further  enacted.,  That  the  said  State  of  Nebraska 
shall  be,  and  is  hereby  declared  to  be,  entitled  to  all  the  rights,  privi- 
leges, grants,  and  innnunities,  and  to  be  subject  to  all  the  conditions  and 
restrictions  of  an  act  entitled  "An  act  to  enable  the  people  of  Nebraska 
to  form  a  constitution  and  State  government,  and  for  the  admission 
of  such  State  into  the  Union  on  an  equal  footing  with  the  original 
States,"  approved  April  nineteen,  eighteen  hundred  and  sixty-four. 

Sec  3.  And  he  it  further  enacted,  That  this  act  shall  not  take  eft'ect 
except  upon  the  fundamental  condition  that  within  the  State  of  Ne- 
braska there  shall  be  no  denial  of  the  elective  franchise,  or  of  any  other 
right  to  any  person,  by  reason  of  race  or  color,  excepting  Indians  not 
taxed ;  and  upon  the  further  fundamental  condition  that  the  k\<risla- 
ture  of  said  State,  by  a  solemn  public  act,  shall  declare  the  assent  of 
said  State  to  the  said  fundamental  condition,  and  shall  ti-ansmit 
to  the  President  of  the  United  States  an  authentic  copy  of  said  act; 
upon  receipt  whereof  the  President,  b}^  proclamation,  shall  forthwith 
announce  the  fact;  whereupon  said  fundamental  condition  shall  be 
held  as  a  part  of  the  organic  law  of  the  State,  and  thereupon,  and 
without  any  further  i)roceeding  on  the  part  of  Congress,  the  admis- 
sion of  said  State  into  the  Union  shall  be  considered  as  couiplete.  Said 
State  legislature  shall  be  convened  by  the  territorial  governor  within 
thirty  days  after  the  passage  of  this  act,  to  act  upon  the  condition 
submitted  herein. 

[February  9,  1867.] 

Schuyler  Colfax, 
Speaker  of  the  House  of  Representatives, 
La  Fayette  S.  Foster, 
President  of  the  Senate  pro  tempore.'^ 

PROCLAMATION  ANNOUNCING  THE  ADMISSION  OF  NEBRASKA— 

1867 

By  the  President  of  the  United  States  of  America 

A  PROCLAMATION 

Wliereas  the  Congress  of  the  United  States  did,  by  an  act  approved 
on  the  nineteenth  day  of  April,  one  thousand  eight  hundred  and 

oThis  act  having  been  vetoed  by  the  President,  was  passed  over  tlie  veto  by 
the  Senate  February  8,  1807,  and  by  the  House  of  Representatives  February  9, 
1867. 


2348  Nebraska— 1867 

sixty-four,  authorize  the  peojDle  of  the  Territory  of  Nebraska  to  form 
a  constitution  and  State  government,  and  for  the  admission  of  such 
State  into  the  Union  on  an  equal  footing  witli  the  original  States, 
upon  certain  conditions  in  said  act  specified ;  and  whereas  said  people 
did  adopt  a  constitution  conforming  to  the  provisions  and  conditions 
of  said  act,  and  ask  admission  into  the  Union;  and  Avhereas  the 
Congress  of  the  United  States  did,  on  the  eighth  and  ninth  days  of 
P'ebruary.  one  thousand  eight  hundred  and  sixty-seven,  in  mode 
prescribed  by  the  Constitution,  pass  a  further  act  for  the  admission 
of  the  State  of  Nebraska  into  the  Union,  in  Avhich  last-named  act 
it  was  provided  that  it  should  not  take  elfect  exce])t  upon  the  funda- 
mental condition  that  within  the  State  of  Nebraska  there  should  bo 
no  denial  of  the  elective  franchise  or  of  any  other  right  to  any  per- 
son by  reason  of  race  or  color,  excepting  Indians  not  taxed,  and  upon 
the  further  fundamental  condition  that  the  legislature  of  said  State, 
by  a  solemn  public  act,  should  declare  the  assent  of  said  State  to  the 
said  fundamental  condition,  and  should  transmit  to  the  President  of 
the  United  States  an  authenticated  copy  of  said  act  of  the  legislature 
of  said  State,  upon  receipt  whereof  the  President,  by  proclamation, 
should  forthwith  announce  the  fact,  whereupon  said  fundamental 
condition  should  be  held  as  a  part  of  the  organic  law  of  the  State, 
and  thereupon,  and  without  an}'  further  proceeding  on  the  part  of 
Congress,  the  admission  of  said  State  into  the  Union  should  be  con- 
sidered as  complete ;  and  whereas  within  the  time  prescribed  by  said 
act  of  Congress  of  the  eighth  and  ninth  of  February,  one  thousand 
eight  hundred  and  sixty-seven,  the  legislature  of  the  State  of  Ne- 
braska did  pass  an  act  ratifying  the  said  act  of  Congress  of  the  eighth 
and  ninth  of  February,  one  thousand  eight  hundred  and  sixty-seven, 
and  declaring  that  the  aforenamed  provisions  of  the  third  section  of 
said  last-named  act  of  Congress  should  be  a  part  of  the  organic  law 
of  the  State  of  Nebraska ;  and  whereas  a  duly  authenticated  copy  of 
said  act  of  the  legislature  of  the  State  of  Nebraska  has  been  received 
by  me: 

Now,  therefore,  I,  Andrew  Johnson,  President  of  the  United  States 
of  America,  do,  in  accordance  with  the  provisions  of  the  act  of  Con- 
gress last  herein  named,  declare  and  proclaim  the  fact  that  the  funda- 
mental conditions  imposed  by  Congress  on  the  State  of  Nebraska  to 
entitle  that  State  to  admission  to  the  Union  have  been  ratified  and 
accepted,  and  that  the"  admission  of  the  said  State  into  the  Union 
is  now  complete. 

In  testimony  whereof  I  have  hereunto  set  my  hand,  and  have 
caused  the  seal  of  the  United  States  to  be  aflfixed. 

Done  at  the  city  of  Washington,  this  first  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
[SEAL.]     seven,  and  of  the   Independence  of  the  United  States  of 
America  the  ninety-first. 

Andreav  Johnson. 

By  the  President : 

"William  H.  Seward, 

Secretary  of  State. 


Nebraska— 1866— 1867  2349 

CONSTITUTION  OF  NEBRASKA— 1866-'67  *  « 

PREAMBLE 

We,  the  people  of  Nebraska,  grateful  to  Almighty  God  for  our  free- 
dom, in  order  to  secure  its  blessings,  form  a  more  perfect  government, 
insure  domestic  tranquillity,  and  promote  the  general  Avelfare.  do 
establish  this  constitution. 

Article  I 

DECLARATIOX    OF    KIGHTS 

Sectiox  1.  All  men, are  born  equalh'  free  and  independent,  and 
have  certain  inherent  rights:  among  these  are  life,  liberty,  and  the 
pursuit  of  happiness.  To  secure  these  rights,  governments  are  insti- 
tuted among  men,  deriving  their  just  powers  from  the  consent  of  the 
governed. 

Sec.  2.  There  shall  be  neither  slavery  nor  involuntary  servitude  in 
this  State,  otherAvise  than  for  the  punishment  of  crime.  Avhereof  the 
party  shall  have  been  duh"  convicted. 

Sec.  3.  Every  person  may  freely  speak,  write,  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  that 
right,  and  no  laws  shall  be  passed  to  restrain  or  abridge  the  liberty 
of  speech  or  of  the  press.  In  all  criminal  prosecutions  or  indict- 
ments for  libel  the  truth  may  be  given  in  evidence:  and  if  it  shall 
appear  to  the  jury  that  the  matter  charged  as  libellous  be  true,  and 
was  pul)lished  Avith  good  motives  and  for  justifiable  ends,  the  party 
shall  be  acquitted;  and  the  jury  shall  have  the  right  to  determine 
the  law  and  the  fact. 

Sec.  4.  The  right  of  the  people  peaceably  to  assemble  to  consult 
for  the  common  good,  and  to  petition  the  government,  or  any  depart- 
ment thereof,  shall  never  be  abridged. 

vSec.  5.  The  right  of  trial  by  jury  shall  remain  inviolate,  but  the 
legislature  may  authorize  trial  by  a  jury  of  a  less  numl)er  than 
twelve  men,  in  inferior  courts. 

Sec.  (').  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  and  unusual  punishments  inflicted. 

Sec.  7.  In  all  criminal  prosecutions  and  in  cases  involving  the  life 
or  liberty  of  an  individual,  the  accused  shall  have  the  riglit  to  a 
speedy  and  pul)lic  trial  by  an  imi)artial  jury:  to  be  iuforuied  of  the 
accusation  against  him:  to  have  a  copy  of  the  same  when  demanded: 
to  be  confronted  Avith  the  Avitnesses  against  him:  to  have  compulsory 
process  for  his  Avitnesses;  and  to  haA'e  the  assistance  of  counsel. 


*  Verified  by  "  The  Constitntion  of  the  State  of  Nebraska,  adopted  February  9, 
1806.     Nebraska  Kepnblicau  .Tob  Office.     ISfiC.."' 

o  This  constitution  was  framed  by  the  territorial  legishiture,  wliich  completed 
it  Fe]>riiary  0.  l.S(;(j.  It  was  submitted  to  the  people  at  an  election  held  June  21, 
1866,  and  ratified  by  a  A'ote  of  ;i.r»:^S  against  ;^>.8:1S.  A  condition  subseipiently 
imposed  by  Coni^ress  was  accepted  by  the  legislature  in  1867,  and  made  a  part 
of  the  organic  law. 


2350  Nebraska— 1866— 1867 

Sec.  8.  No  person  shall  be  held  to  answer  for  a  criminal  offence 
unless  on  the  presentment  or  indictment  of  a  grand  jnrv,  except  in 
cases  of  impeachment,  or  in  cases  cognizable  by  justices  of  the  peace, 
or  arising  in  the  army  or  navy,  or  in  the  militia,  when  in  actual 
service  in  time  of  war  or  public  danger;  and  no  person  for  the  same 
offence  shall  be  put  twice  in  jeopardy  of  punishment,  nor  shall  be 
compelled  in  any  criminal  case  to  be  a  witness  against  himself.  AH 
persons  shall,  before  conviction,  be  bailable  by  sufficient  sureties, 
except  for  capital  offences,  when  the  proof  is  evident  or  the  presump- 
tion great;  and  the  privilege  of  the  Avrit  of  habeas  corpus  shall  not 
be  suspended,  unless  when,  in  cases  of  rebellion  or  mvasion,  the  public 
safety  may  require. 

Sec.  9.  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.  10.  Treason  against  the  State  shall  consist  only  in  levying 
war  against  the  same,  or  in  adhering  to  its  enemies,  giving  them  aid 
and  comfort.  No  person  shall  be  convicted  of  treason  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confession  in 
open  court. 

Sec.  11.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches  and  seiz- 
ures, shall  not  be  violated ;  and  no  warrant  shall  issue  but  upon  prob- 
able cause,  supported  by  oath  or  affirmation,  and  particularly  describ- 
ing the  place  to  be  searched,  and  the  person  or  things  to  be  seized. 

Sec.  12.  No  bill  of  attainder,  ex  post  facto  law,  nor  am^  law  impair- 
ing the  obligation  of  contracts  shall  ever  be  passed;  and  no  convic- 
tion shall  work  corruption  of  blood  or  forfeiture  of  estate. 

Sec.  13.  The  property  of  no  person  shall  be  taken  for  public  use 
without  just  compensation  therefor. 

Sec.  14.  No  distinction  shall  ever  be  made  by  law  between  resident 
aliens  and  citizens  in  reference  to  the  possession,  enjoyment,  or  descent 
of  property. 

Sec.  15.  No  person  shall  be  imprisoned  for  debt  in  any  civil  action 
on  mesne  or  final  process,  unless  in  cases  of  fraud. 

Sec.  16,  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 
or  worship,  or  maintain  any  form  of  worship  against  his  con- 
sent, 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  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,  moral- 
ity, and  knowledge,  however,  being  essential  to  good  government,  it 
shall  be  the  duty  of  the  legislature  to  pass  suitable  laws  to  protect 
every  religious  denomination  in  the  peaceable  enjoyment  of  its  own 
mode  of  public  worship  and  to  encourage  schools  and  the  means  of 
instruction. 

Sec.  17.  The  military  shall  be  in  strict  subordination  to  the  civil 
power. 


Nebraska— 1866— 1867      -        2351 

Sec.  18.  The  -writ  of  error  shall  be  a  writ  of  right  in  all  capital  cases, 
and  shall  operate  as  a  sujjersedeas  to  staj^  the  execution  of  the  sentence 
of  death  until  the  further  order  of  the  supreme  court  in  tlie  premises.  ^ 

Sec.  19.  The  blessings  of  a  free  government  can  only  be  maintained 
by  a  firm  adherence  to  justice,  moderation,  temperance,  frugality,  and 
virtue,  and  by  frequent  recurrence  to  fundamental  principles. 

Sec.  20.  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. 

Article  II 

legislattvt; 

Section  1.  The  legislative  authority  of  this  State  shall  be  vested  in 
a  general  assembly,  which  shall  consist  of  a  senate  and  house  of  repre- 
sentatives; and  the  style  of  every  law  shall  be,  ''Be  it  enacted  by  the 
legislature  of  the  State  of  Nebraska. ^^ 

Sec.  2.  Every  male  person,  of  the  age  of  tAventy-one  j^ears  or  up- 
wards, belonging  to  either  of  the  following  classes,  who  shall  have 
resided  in  the  State,  county,  precinct,  and  ward  for  the  time  provided 
by  law,  shall  be  an  elector: 

First.  White  citizens  of  the  United  States. 

Second.  White  persons  of  foreign  birth  Avho  shall  have  declared 
their  intention  to  become  citizens  conformable  to  the  laws  of  the 
United  States  on  the  subject  of  naturalization. 

Sec.  3.  The  legislature  shall  provide  by  law  for  an  enumeration  of 
the  inhabitants  of  the  State  in  the  year  one  thousand  eight  hundred 
and  seventy-five,  and  at  the  end  of  every  ten  years  thereafter;  and  at 
their  first  session  after  such  enumeration,  and  also  after  each  enumera- 
tion made  by  the  authority  of  the  United  States,  the  legislature  shall 
apportion  and  district  anew  the  members  of  the  senate  and  house  of 
representatives,  according  to  the  number  of  inhabitants,  excluding 
Indians  not  taxed,  and  soldiers  and  officers  of  the  United  States  Army 
and  Navy. 

Sec.  4.  Senators  and  representatiA^es  shall  be  elected  biennially, 
by  the  electors  in  the  respective  counties  or  districts,  on  the  second 
Tuesday  of  October.  Their  term  of  office  shall  connnence  on  the  first 
day  of  January  next  thereafter,  and  continue  two  years,  except  the 
Senators  and  representatives  to  the  first  legislature  under  this  con- 
Ftitution,  whose  election  and  term  of  office  shall  be  as  hereinafter 
provided. 

Sec.  5.  The  senators  and  representatives  shall  be  chosen  by  dis- 
tricts of  convenient  contiguous  territory,  as  compact  as  may  be,  to 
be  defined  by  law,  except  as  to  the  first  election  which  is  hereinafter 
provided  for. 

Sec.  0.  Every  Avhite  male  citizen  Avho  shall  be  a  qualified  elector  in 
the  district  which  he  may  be  chosen  to  represent  shall  be  eligible  to 
a  seat  in  the  k^gislature. 

Sec.  7.  Each  house  shall  be  the  judge  of  the  election  and  (]ualifica- 
tions  of  its  own  members;  and  a  majority  of  eacli  shall  constitute  a 
quorum  to  do  business,  but  a  smaller  number  may  adjourn  from  day  to 
day,  and  may  comi:)el  the  attendance  of  absent  meml)ers  in  such  man- 
ner and  under  such  penalties  as  each  house  may  provide. 


2352  Nebraska— 1866— 1867 

Sec.  8.  The  senate  shall  consist  of  thirteen  members,  and  the  house 
of  representatives  shall  consist  of  thirty-nine  members,  and  shall  not 
be  increased  for  the  term  of  ten  years  after  the  adoption  of  this  con- 
stitution: Provided,  That  after  the  expiration  of  said  ten  years,  the 
legislature  shall  have  power  to  increase  the  number  of  senators  and 
representatives,  so  as  to  correspond  with  the  increase  of  the  popu- 
lation of  the  State:  Prodded,  Such  number  shall  at  no  time  be  more 
than  twenty-five  in  the  senate  and  seventy-five  in  the  house  of  repre- 
sentatives. 

Sec.  9.  The  mode  of  organizing  the  house  of  representatives  at  the 
commencement  of  each  regular  session  shall  be  prescribed  by  law. 

Sec.  10.  Each  house  shall  choose  its  own  officers,  may  determine  its 
own  rule  of  proceedings,  punish  its  members  for  disorderly  conduct, 
and,  Avith  the  concurrence  of  two-thirds,  expel  a  member,  but  not  the 
second  time  for  the  same  cause;  and  shall  have  all  other  powers 
necessary  to  provide  for  its  safety  and  the  undisturbed  transaction 
of  its  business. 

Sec.  11.  Each  house  shall  keep  a  correct  journal  of  its  proceedings, 
which  shall  be  published.  At  the  desire  of  any  three  members  in  the 
senate,  or  au}^  five  members  in  the  house,  the  yeas  and  nays  shall  be 
entered  upon  the  journal,  and  on  the  passage  of  every  bill,  in  either 
house,  the  vote  shall  be  taken  by  yeas  and  nays,  and  entered  upon  the 
journal ;  and  no  law  shall  be  passed  in  either  house  without  the  con- 
currence of  a  majority  of  all  the  members  elected  thereto. 

Sec.  1"2.  The  first  session  of  the  legislature  under  this  constitution 
shall  be  held  on  the  fourth  day  of  July,  one  thousand  eight  hundred 
and  sixty-six;  and  all  regular  sessions  thereafter  shall  commence  on 
the  first  Thursday  after  the  first  Monday  in  January,  biennially. 
But  the  legislature  may  on  extraordinary  occasions  be  convened  hy 
proclamation  of  the  governor,  and  when  so  convened  shall  transact 
no  business  except  such  as  relates  to  the  objects  for  which  they  were 
so  convened,  to  be  stated  in  the  proclamation  of  the  governor. 

Sec.  13.  No  member  of  the  legislature  shall,  during  the  term  for 
which  he  was  elected,  be  appointed  or  elected  to  any  civil  office  in  the 
State  which  shall  have  been  created,  or  the  emoluments  of  which  shall 
have  been  increased,  during  the  term  for  which  he  was  elected. 

Sec.  14,  No  person  being  a  member  of  Congress,  or  holding  any 
military  or  civil  office  under  the  United  States,  shall  be  eligible  to  a 
seat  in  the  legislature;  and  if  any  person  shall,  after  his  election  as  a 
member  of  the  legislature,  be  elected  to  Congress,  or  be  appointed  to 
any  office,  civil  or  military,  under  the  Government  of  the  United 
States,  his  acceptance  thereof  shall  vacate  his  seat. 

Sec,  15.  The  governor  shall  issue  writs  of  election  to  fill  such 
vacancies  as  may  occur  in  either  house  of  the  legislature. 

Sec.  16.  Members  of  the  legislature  shall  in  all  cases,  except  treason, 
felony,  or  breach  of  the  j)eace,  be  privileged  from  arrest,  nor  shall 
they  be  subject  to  any  civil  process,  during  the  session  of  the  legisla- 
ture, nor  for  fifteen  days  next  before  the  commencement  and  after  the 
termination  of  each  session. 

Sec.  17.  No  member  of  the  legislature  shall  be  liable  in  any  civil 
action  or  criminal  prosecution  whatever  for  words  spoken  in  debate. 

Sec,  18,  Bills  may  originate  in  either  house;  but  may  be  altered, 
amended,  or  rejected  in  the  other. 


Nebraska— 1866— 1867  2353 

Sec.  19.  Every  bill  shall  be  fully  and  distinctly  read  on  three  dif- 
ferent days,  unless,  in  case  of  urgency,  three-fourths  of  the  house  in 
which  it  shall  be  pending  shall  dispense  with  this  rule.  No  bill  shall 
contain  more  than  one  subject,  which  shall  be  clearly  expressed  in 
its  title;  and  no  law  shall  be  revived  or  amended,  unless  the  new  act 
contain  the  entire  act  revived,  and  the  sections  amended;  and  the 
section  or  sections  so  amended  shall  be  repealed. 

Sec.  20.  The  presiding  officer  of  each  house  shall  sign  publicly,  in 
the  presence  of  the  house  over  which  he  presides,  while  the  same  is 
in  session  and  capable  of  transacting  business,  all  bills  and  joint  reso- 
lutions passed  by  the  legislature. 

Sec.  21.  Each  member  of  the  legislature  shall  receive  for  his  serv- 
ices three  dollars  for  each  day's  attendance  during  the  session,  and 
ten  cents  for  every  mile  he  shall  travel  in  going  to  and  returning 
from  the  place  of  the  meeting  of  the  legislature,  on  the  most  usual 
route:  Procided,  hoicever,  That  they  shall  not  receive  pay  for  more 
than  forty  daj^s  at  any  one  session. 

Sec.  22.  The  legislature  shall  never  authorize  any  lottery,  or  grant 
any  divorce. 

Sec.  23.  The  legislature  shall  provide  by  law  that  all  stationery 
required  for  the  use  of  the  State,  and  all  printing  authorized  and 
I'equired  by  them  to  be  done  for  their  use,  or  for  the  State,  shall  be  let 
by  contract  to  the  lowest  bidder;  but  the  legislature  may  establish  a 
maximum  price.  Xo  member  of  tlie  legislature,  or  other  State  officer, 
shall  be  interested,  either  directly  or  indirectly,  in  any  such  contract. 

Sec.  24.  The  legislature  shall  never  grant  any  extra  compensation 
to  any  public  officer,  agent,  servant,  or  contractor,  after  the  services 
shall  have  been  rendered  or  the  contract  entered  into.  Nor  shall  the 
compensation  of  any  public  officer  be  increased  or  diminished  during 
his  term  of  office. 

Sec.  25.  Members  of  the  legislature  and  all  officers,  executive  and 
judicial,  except  such  inferior  officers  as  may  be  by  law  exempted, 
shall,  before  they  enter  upon  the  duties  of  their  respective  offices,  take 
and  subscribe  an  oath  or  affirmation  to  support  the  Constitution  of 
ihe  United  States,  and  the  constitution  of  the  State  of  Nebraska,  and 
faithfully  to  discharge  the  duties  of  their  respective  offices  to  the  best 
of  their  ability. 

Sec.  2().  The  legislature  shall  determine  what  persons  shall  consti- 
tute the  militia  of  the  State,  and  may  provide  for  organizing  and  dis- 
ciplining the  same  in  such  manner  as  shall  lie  prescribed  by  law. 

Sec.  27.  In  all  elections  by  the  legislature,  the  members  thereof 
shall  vote  vii'a  voce,  and  their  votes  shall  be  entered  on  the  journal. 

Sec.  28.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment;  but  a  majority  of  the  members  elected  must  concur 
therein.  Impeachments  shall  be  tried  by  the  senate;  and  the  senators, 
when  sitting  for  tiiat  purpose,  shall  be  ujion  oatli  or  affirmation  to  do 
justice  according  to  law  and  evidence.  No  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  the  senators. 

Sec.  2{).  The  governor,  secretary  of  state,  auditor,  treasurer,  and 
judges  of  the  supreme  and  district  courts,  shall  be  liable  to  impeach- 
ment 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  this  State;  but  the  party  con- 
7253— VOL  3—07 34 


2354  Nebraska— 1866— 1867 

victed  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  legislature  may 
provide. 

Sec.  30.  No  money  shall  be  drawn  from  the  treasurj^,  except  in 
pursuance  of  a  specific  appropriation  made  by  law;  and  no  appro- 
priation shall  be  made  for  a  longer  period  than  two  years. 

Sec.  31.  The  legislature  may  declare  the  cases  in  which  any  office 
shall  be  deemed  vacant,  and  also  the  manner  of  filling  the  vacancy 
where  no  provision  is  made  for  that  purpose  in  this  constitution. 

Sec.  32.  The  legislature  shall  not  authorize  the  borrowing  of  money 
or  the  issuance  of  State  bonds  for  an^^  sum  exceeding  in  the  aggre- 
gate fifty  thousand  dollars,  without  submitting  a"  proposition  there- 
for to  a  vote  of  the  people  for  their  approval  or  rejection,  except  in 
case  of  Avar,  to  repel  invasion,  or  suppress  insurrection. 

EXECUTIVE 

Section  1.  The  executive  department  shall  consist  of  a  governor, 
secretary  of  state,  auditor,  and  treasurer,  who  shall  be  chosen  by  the 
electors  of  the  State  on  the  second  Tuesday  of  October,  and  at  the 
places  of  voting  for  members  of  the  legislature. 

Sec.  2.  The  governor,  secretary  of  state,  and  treasurer  shall  hold 
their  offices  for  two  years,  and  the  auditor  for  four  years.  Their 
terms  of  office  shall  commence  on  the  second  Monday  of  January  next 
after  their  election,  and  continue  until  their  successors  are  elected  and 
qualified. 

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  returning  officers,  directed  to  the  president  of  the 
senate,  who,  during  the  first  week  of  the  session,  shall  open  and  pub- 
lish them,  and  declare  the  result,  in  the  presence  of  a  majority  of  the 
members  of  each  house  of  the  legislature. 

The  person  having  the  highest  number  of  votes  shall  be  declared 
duly  elected;  but  if  any  two  or  more  shall  be  highest  and  equal  in 
votes  for  the  same  office,  one  of  them  shall  be  chosen  by  the  joint  vote 
of  both  houses. 

Sec.  4.  No  person  except  a  citizen  of  the  United  States  and  a  quali- 
fied elector  of  the  State  shall  be  eligible  to  any  office  provided  for 
by  this  constitution. 

'  Sec.  5.  Should  there  be  no  session  of  the  legislature  in  January 
next  after  an  election  for  any  of  the  officers  aforesaid,  the  returns 
of  such  election  shall  be  made  to  the  secretary  of  state,  and  opened, 
and  the  result  declared,  by  the  governor,  in  such  manner  as  may  be 
provided  by  law. 

Sec.  6.  The  supreme  executive  power  of  this  State  shall  be  vested 
in  the  governor. 

Sec.  7.  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.  8.  He  shall  communicate  at  every  session,  by  message,  to  the 
legislature  the  condition  of  the  State,  and  recommend  such  measures 
as  he  shall  deem  expedient. 


Nebraska— 1866— 1867  2355 

Sec.  9.  He  may,  on  extraordinary  occasions,  convene  the  legislature 
by  proclamation,  and  shall  state  to  both  houses,  Avhen  assembled, 
the  purpose  for  which  they  have  been  convened. 

Sec.  10.  In  case  of  disaoreement  betAveen  the  two  houses  in  respect 
to  the  time  of  adjournment,  he  shall  have  j^ower  to  adjourn  the 
legislature  to  such  time  as  he  may  think  proper,  but  not  bej'ond  the 
regular  meetings  thereof. 

Sec.  11.  He  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. 

Sec.  12.  He  shall  have  jjower,  after  conviction,  to  grant  reprieves, 
commutations,  and  pardons  for  all  crimes  and  ott'ences,  except  treason 
and  cases  of  impeachment,  u{)on  such  conditions  as  he  ma_v  think 
[)roper;  subject,  however,  to  such  regulations  as  to  the  manner  of 
applying  for  pardon  as  may  be  prescribed  by  hnv. 

Upon  conviction  for  treason  he  may  suspend  the  execution  of  the 
sentence,  and  rej^ort  the  case  to  the  legislature  at  its  next  meeting, 
Avhen  the  legislature  shall  either  pardon,  commute  the  sentence, 
direct  its  execution,  or  grant  a  further  reprieve. 

He  shall  communicate  to  the  legislature  at  every  regular  session 
each  case  of  reprieve,  commutation,  or  pardon  granted ;  stating  the 
name  and  crime  of  the  convict,  the  sentence,  its  date,  and  the  date 
of  the  commutation,  ])ardon,  or  reprieve,  w4th  his  reasons  therefor. 

Sec.  13.  There  shall  be  a  seal  of  the  State,  which  shall  be  kept  by 
the  governor,  and  used  by  him  officially,  and  shall  be  called  ''  The 
Great  Seal  of  the  State  of  Nebraska." 

Sec.  14.  All  grants  and  commissions  shall  be  issued  in  the  name 
and  by  the  authority  of  the  State  of  Nebraska,  sealed  with  the 
great  seal,  signed  by  the  governor,  and  countersigned  by  the  secre- 
tary of  state. 

Sec.  15.  No  member  of  Congress,  or  other  person  holding  office 
under  the  authority  of  this  State,  or  of  the  United  States,  shall  exe- 
cute the  office  of  governor,  except  as  herein  provided. 

Sec.  1().  In  case  of  the  impeachment  of  the  governor,  his  removal 
from  office,  death,  resignation,  or  absence  from  the  State,  the  powers 
and  duties  of  the  office  shall  devolve  uj^on  the  secretary  of  state,  until 
such  disability  shall  cease,  or  the  vacancy  be  filled. 

Sec.  17.  If,  during  the  vacancy  of  the  office  of  governor,  the  secre- 
tary of  state  shall  be  im]:)eached,  disjjlaced,  resign,  dio,  or  be  absent 
from  the  State,  the  powers  and  duties  of  the  office  of  governor  shall 
devolve  upon  the  president  of  the  senate;  and  should  a  vacancy 
occur  by  impeachment,  death,  resignation,  or  absence  from  the  State 
of  the  jiresident  of  the  senate,  the  speaker  of  the  house  of  representa- 
tives shall  act  as  governor  till  the  vacancy  be  filled. 

Sec.  18.  The  governor  shall  receive  during  his  continuance  in  office 
an  annual  compensation  of  one  thousand  dollars;  the  secretary  of 
slate,  six  hundi-ed  dollars;  the  State  li'easurer,  four  hundred  dollars; 
and  the  State  auditor,  eight  lunuh'ed  dollars. 

Sec.  19.  Every  bill  which  shall  have  pased  the  legislature  shall, 
before  it  becomes  a  law,  be  presented  to  the  governor.  If  he  approve, 
he  shall  sign  it;  but  if  not,  he  shall  return  it.  with  his  objections,  to 
that  house  in  which  it  shall  have  originated,  who  shall  enter  the  objec- 
tions at  large  upon  the  journal,  and  proceed  to  reconsider  it.  If, 
after  such  reconsideration,  two-thirds  of  the  members  present  shall 


2356  Nebraska— 1866— 1867 

agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  house,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two-thirds  of  the  members  present  it  shall  become  a 
law.  But  in  all  such  cases  the  votes  of  both  houses  shall  be  deter- 
mined by  yeas  and  nays,  and  the  names  of  the  members  voting  for 
or  against  the  bill  shall  be  entered  on  the  journal  of  each  house 
respectively.  If  any  bill  shall  not  be  returned  to  the  governor  within 
three  days  (Sundays  excepted)  after  it  shall  have  been  presented  to 
him,  the  same  shall  be  a  laAv,  unless  the  legislature  shall,  by  their 
adjournment,  prevent  its  return,  in  which  case  it  shall  not  be  a  law. 
Sec.  20.  The  secretary,  auditor,  and  treasurer  of  state  shall  sever- 
ally perform  such  duties  as  shall  be  prescribed  by  law. 

JUDICIARY 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  a 
supreme  court,  district  courts,  probate  courts,  justices  of  the  peace, 
and  such  inferior  courts  as  the  legislature  may  from  time  to  time 
establish. 

The  supreme  court  shall  consist  of  a  chief  justice  and  two  associate 
justices,  any  two  of  whom  shall  constitute  a  quorum,  and  shall  hold 
a  term  of  the  supreme  court  at  the  seat  of  government  of  the  State 
annually.  Said  supreme  judges  shall  be  elected  by  the  qualified 
electors  of  the  State,  at  such  time  and  in  such  manner  as  may  be  pro- 
vided by  law.  Said  justices  of  the  supreme  court  shall  hold  their 
office  for  the  term  of  six  years  from  the  time  of  their  election,  and 
until  their  successors  shall  have  been  elected  and  qualified. 

Sec.  2.  The  State  shall  be  divided  into  three  judicial  districts,  and 
the  district  courts  shall  be  held  at  such  times  and  palces  as  may  be 
provided  by  law,  and  the  legislature  shall  by  law  assign  the  justices 
to  hold  district  courts  in  the  sev^eral  districts:  Prorided^  That  until 
the  legislature  shall  have  provided  by  law,  the  governor  shall  have 
authority  to  make  such  assignment. 

Sec.  3.  The  supreme  court  shall  have  appellate  jurisdiction  only 
except  in  cases  relating  to  revenue,  mandamus^  quo  'warranto^  habeas 
corpus,  and  such  cases  of  impeachment  as  may  be  required  to  be  tried 
before  it ;  and  both  the  supreme  and  district  courts  shall  have  both 
chancery  and  common-law  jurisdiction. 

Sec.  4.  The  jurisdiction  of  the  several  courts  herein  provided  for, 
both  appellate  and  original,  shall  be  as  fixed  by  law:  Provided^  That 
probate  courts,  justices  of  the  peace,  or  any  inferior  court  that  may  be 
established  by  the  legislature,  shall  not  have  jurisdiction  in  an}''  mat- 
ter wherein  the  title  or  boundaries  of  land  may  be  in  dispute.  Xor 
shall  either  of  the  courts  mentioned  in  this  proviso  have  power  to 
order  or  decree  the  sale  or  partition  of  real  estate:  And  provided  fur- 
ther. That  justices  of  the  peace,  and  such  inferior  courts  as  may  be 
established  by  the  legislature,  shall  not  have  jurisdiction  when  the 
debt  or  sum  claimed  shall  exceed  one  hundred  dollars,  and  the  juris- 
diction of  the  district  and  probate  courts,  and  justices  of  the  peace, 
shall  be  uniform  throughout  the  State. 

Sec.  5.  Probate  judges,  justices  of  the  peace,  and  persons  nolding 
inferior  courts,  herein  authorized  to  be  established  by  the  legislature, 
shall  be  elected  by  the  electors  of  the  several  districts  for  which  they 
may  be  elected,  in  the  manner  and  time  fixed  by  law. 


Nebraska— 1866— 1867  2357 

Sec.  6.  The  salary  of  the  justices  of  the  supreme  ronrt  sliall  ho  two 
thousand  dollars  each  per  anmiin  and  no  more;  and  all  other  judicial 
officers  shall  he  paid  for  their  services  in  fees  to  be  prescribed  by  law. 

Sec.  T.  The  legislature  shall  by  law  provide  that  on  the  entr}'^  or 
commencement  of  any  suit  in  the  district  court,  the  party  so  com- 
mencing or  entering  such  suit  shall,  before  the  same  is  so  commenced 
or  entered,  pay  to  the  clerk  of  said  district  court  the  sum  of  five  dol- 
lars; and  in  like  manner  on  the  entry  or  commencement  of  any  suit 
in  the  supreme  court,  shall  jiay  the  sum  of  ten  dollars  to  the  clerk 
thereof;  which  money  so  ]:»aid  shall  be  for  the  use  of  the  State,  and 
shall  Ije  paid  by  said  clerks  to  the  proper  offices  designated  by  law, 
as  by  law  may  be  required  ;  which  money  so  received  shall  be  held  and 
esteemed  as  a  judiciary  fund,  and  to  be  applied  in  payment  of  the 
salaries  of  the  justices  of  the  supreme  court.  Which  amounts  so  paid 
shall  be  taxed  as  costs  against  the  unsuccessful  ])arty,  and  collected 
as  other  costs:  Prorided^  The  legislature  may  provide  by  law  for  dis- 
pensing with  the  payment  of  said  sums  of  money  in  cases  Avhe^e  the 
party  so  commencing  or  entering  suit  shall  be  really  unabk^  to  pay 
the  same,  and  the  amount  shall  in  all  cases  be  taxed  and  collected  as 
other  costs:  Provided  also,  That  the  legislature  shall  have  power, 
whenever  the  amount  so  received  shall  exceed  the  salaries  of  the 
judges  of  the  supreme  court,  to  reduce  the  amount  to  be  paid  so  tliat 
the  gross  amount  will  not  exceed  such  salaries. 

Sec.  8.  The  legislature  may,  after  the  year  one  thousand  eight 
hundred  and  seventy-five,  increase  the  number  of  justices  of  the 
supreme  court,  and  the  judicial  districts  of  the  State. 

Sec.  9.  In  all  cases  heard  before  the  supreme  court,  as  an  appellate 
court,  the  justice  who  may  have  tried  such  cause  in  the  court  beh)w 
shall  not  participate  in  the  decision  thereof  until  the  other  two 
justices,  if  present,  shall  have  failed  to  agree  in  the  decision  of  such 
cause. 

Sec.  10.  All  process,  writs,  and  other  proceedings  shall  run  in  the 
name  of  the  ^'TJie  people  of  the  State  of  X ehraskay 

finance 

Section  1.  No  money  shall  be  paid  out  of  the  treasury,  except  in 
pursuance  of  an  approi)riation  b}'  law. 

Sec.  2.  The  credit  of  the  State  shall  never  be  given  or  bound  in  aid 
of  any  individual,  association,  or  corporation. 

Sec.  3.  The  legislature  shall  pi'ovide  for  an  annual  tax  sufficient 
to  defray  the  estimated  expenses  of  the  State  for  each  year;  and 
whenever  the  expenses  of  any  year  shall  exceed  the  income,  the 
legislature  shall  provide  for  levying  a  tax  for  the  ensuing  yeai", 
sufficient,  with  other  sources  of  income,  to  pay  the  deficiency,  as  well 
as  the  expenses  of  such  ensuing  year. 

Sec.  4.  For  the  purpose  of  defraying  extraordinary  expenditures, 
the  State  may  contract  public  debt's;  but  such  debts  shall  never  in 
the  aggregate  exceed  fifty  thousand  dollars.  p]very  such  d(>bt  shall 
be  authorized  by  law,  for  some  i)urp()se  or  purposes  to  be  distinctly 
specified  therein;  and  the  vote  of  a  majority  of  all  the  members 
elected  to  each  house,  to  be  taken  by  yeas  and  liays.  shall  be  necessary 
to  the  passage  of  such  laws;  and  every  such  law  shall  provide  for 
levying  an  annual  tax  sufficient  to  pay  the  annual  interest  of  such 


2358  Nebraska— 1866—1867 

debt,  and  the  principal  within  ten  years  from  the  passage  of  such 
law;  and  shall  specially  appropriate  the  proceeds  of  such  taxes  to 
the  payment  of  such  prin-cipal  and  interest;  and  such  appropriation 
shall  not  be  repealed,  nor  the  taxes  be  postponed  or  diminished,  until 
the  principal  and  interest  of  such  debt  shall  have  been  wholly  paid. 

Sec.  5,  The  legislature  may  also  borrow  money  to  repel  invasion, 
supi^ress  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  flie  debt  thereby 
created. 

Sec.  6.  The  State  shall  never  contract  any  debt  for  works  of  in- 
ternal improvement,  or  be  a  party  in  carrying  on  such  works;  but 
whenever  grants  of  lands  or  other  property  shall  have  been  made  to 
the  State,  especially  dedicated  by  the  grant  to  particular  works  of 
internal  improvement,  the  State  may  carry  on  such  particular  works, 
and  shall  devote  thereto  the  avails  of  such  grants,  and  may  pledge 
or  appropriate  the  revenues  derived  from  such  works  in  aid  of  their 
completion. 

EMINENT   DOMAIN 

Section  1.  The  State  shall  have  concurrent  jurisdiction  on  all 
rivers  bordering  on  this  State,  so  far  as  such  river  shall  form  a  com- 
mon boundary  to  the  State  and  any  other  State  or  Territory  now 
or  hereafter  to  be  formed  and  bounded  by  the  same.  And  the  river 
Missouri,  and  the  navigable  waters  leading  into  the  Missouri,  and  the 
carrying  places  between  the  same,  shall  be  common  highways,  and 
forever  free,  as  well  to  the  inhabitants  of  the  State  as  to  the  citizens 
of  the  United  States,  without  any  tax,  impost,  or  duty  therefor. 

Sec.  2.  The  title  to  all  lands  and  other  property,  which  have  ac- 
crued to  the  Territory  of  Nebraska,  by  grant,  gift,  purchase,  for- 
feiture, escheat,  or  otherwise,  shall  vest  in  the  State  of  Xebraska. 

Sec.  3.  The  people  of  the  State,  in  their  right  of  sovereignty,  are 
declared  to  possess  the  ultimate  property  in  and  to  all  lands  Avithin 
the  jurisdiction  of  the  State;  and  all  lands  the  title  to  which  shall 
fail  from  a  defect  of  heirs  shall  revert  or  escheat  to  the  people. 

education 

Section  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  ap^jlied  to  the  specific  objects  of  the  original  grants 
or  apropriations.  The  legislature  shall  make  such  provisions,  by 
taxation  or  otherwise,  as,  with  the  income  arising  from  the  school 
trust-fund,  will  secure  a  thorough  and  efficient  system  of  common 
schools  throughout  the  State ;  but  no  religious  sect  or  sects  shall  ever 
have  any  exclusive  right  to  or  control  of  any  part  of  the  school-funds 
of  this  State. 

Sec.  2.  The  university  lands,  school  lands,  and  all  other  lands 
which  have  been  acquired  by  the  Territorj^  of  Nebraska,  or  which  may 
hereafter  be  acquired  by  the  State  of  Nebraska,  for  educational  or 
school  purposes,  shall  not  be  aliened  or  sold  for  a  less  sum  than  five 
dollars  per  acre. 


Nebraska— 1866— 1867  2359 

CORPORATIONS 

Section  1.  The  legislature  shall  pass  no  special  act  conferring  cor- 
porate powers. 

Sec.  2.  Corporations  may  be  formed  under  general  laws. 

Sec.  3.  The  property  of  corporations,  now  existing  or  hereafter 
created,  shall  forever  be  subject  to  taxation,  the  same  as  the  property 
of  individuals. 

Sec.  4.  The  legislature  shall  provide  for  the  organization  of  cities 
and  incorporated  villages  by  general  laws,  and  restrict  their  power 
of  taxation,  assessment,  borrowing  money,  contracting  debts,  and 
loaning  their  credits,  so  as  to  prevent  the  abuse  of  such  power. 

amendments 

Section  1.  If  at  any  time  a  majority  of  the  senate  and  house  of 
representatives  shall  deem  it  necessary  to  call  a  convention  to  revise 
or  change  this  constitution,  they  shall  recommend  to  the  electors  to 
vote  for  or  against  a  convention  at  the  next  election  for  members  of 
the  legislature;  and  if  it  shall  appear  that  a  majority  of  the  electors 
voting  thereon  have  voted  for  a  convention,  the  legislature  shall  at 
its  next  session  provide  for  calling  such  convention. 

BOUNDARIES 

Section  1.  The  State  of  Nebraska  shall  consist  of  all  the  territory 
included  within  the  following  boundaries,  to  wit :  Commencing  at  a 
point  formed  by  the  intersection  of  the  western  boundary  of  the  State 
of  Missouri  with  the  fortieth  degree  of  north  latitude;  extending 
thence  due  west  along  said  fortieth  degree  of  north  latitude  to  a  jioint 
formed  by  its  intersection  with  the  twenty-fifth  degree  of  longitude 
west  from  Washington;  thence  north  along  said  tAventy-tifth  degree 
of  longitude  to  a  ])oint  formed  by  its  intersection  with  the  forty-first 
degree  of  north  latitude;  thence  west  along  said  forty-first  degree  of 
north  latitude  to  a  point  formed  with  its  intersection  with  the  twenty- 
seventh  degree  of  longitude  west  from  Washington;  thence  north 
along  said  twenty-seventh  degree  of  west  longitude  to  a  point  formed 
by  its  intersection  with  the  forty-third  degree  of  north  hititude; 
thence  east  along  said  forty-third  degree  of  north  latitude  to  the 
Reya  Paha  River;  thence  down  the  middle  of  the  channel  of  said 
river,  with  its  meanderings,  to  its  junction  with  the  Xiobrai-a  Kiver; 
thence  down  the  middle  of  the  channel  of  said  Niobrara  Kiver.  and 
following  the  meanderings  thereof,  to  its  junction  with  the  Missouri 
River;  thence  down  the  middle  of  the  channel  of  said  Missouri  River, 
and  following  the  meanderings  thereof,  to  the  place  of  beginning. 

Schedule 

Section  1.  That  no  inconvenience  may  arise  from  the  change  of 
territorial  government  to  a  State  government,  it  is  declared  that  all 
rights,  suits,  actions,  })rosecutions.  judgments,  recognizances,  claims, 
and  contracts,  both  as  respects  persons  and  bodies-corporate,  shall 
continue  and  be  enforced  as  if  no  change  had  taken  place,  and  all  laws 
now  in  force  shall  remain  in  force  until  altered,  amended,  or  repealed 


2360    -  Nebraska— 1866— 1867 

by  the  loc^islatiire:  Provided,  Wlierever  the  word  "Territory"  shall 
occur,  it  shall  l)e  constrned  to  mean  State,  whenever  it  may  be  neces- 
sary, in  order  that  such  laws  may  conform  to  the  State  government. 

Sec.  2.  All  debts,  fines,  penalties,  recognizances,  and  forfeitures  due 
and  owing  to  the  Territory  of  Nebraska  shall  inure  to  the  benefit  of 
the  State,  antl  all  obligations  and  bonds  to  the  Territory  of  Nebraska 
or  any  office  thereof  shall  be  esteemed  and  taken  as  due  and  owing  to 
the  State  of  Nebraska,  and  may  be  in  such  manner  enforced. 

Sec,  3.  The  governor  and  all  other  officers  of  the  territorial  govern- 
ment shall  continue  to  discharge  and  exercise  the  duties  of  their 
respective  offices,  until  superseded  by  the  provisions  of  this  constitu- 
tion or  the  officers  appointed  or  elected  by  authority  of  its  j^rovisions. 

Sec.  4.  The  first  election  for  governor,  secretary  of  state,  auditor 
of  state,  one  Kepresentative  to  Congress,  the  justices  of  the  supreme 
court,  the  members  of  the  senate  and  house  of  representatives,  shall 
be  held  on  the  second  day  of  June,  one  thousand  eight  hundred  and 
sixty-six,  at  the  places  and  in  the  manner  now  prescribed  by  law  for 
general  elections.  The  members  of  the  senate  shall  be  elected  in  and 
from  the  same  districts  that  are  now  prescribed  by  law  for  councilmen 
districts.  The  members  of  the  house  of  representatives  shall  be 
elected  in  and  from  the  same  districts  that  are  now  prescribed  by  law 
for  members  to  the  house  of  representatives  of  the  Territory  of  Ne- 
braska, and  all  the  officers  mentioned,  to  wit:  Senators  and  represent- 
atives shall  hold  their  offices  until  the  first  Monday  in  January,  A.  D. 
1867;  governor,  secretary  of  state,  State  auditor  and  treasurer,  until 
the  second  Monday  in  January,  A.  D.  1869,  and  until  their  successors 
are  elected  and  qualified;  the  supreme  judges  until  the  first  daj^  of 
January,  A.  D.  1873. 

Sec.  5.  The  first  session  of  the  legislature  shall  be  held  at  the  capi- 
tol  in  the  city  of  Omaha,  commencing  on  the  fourth  dav  of  Julv, 
A.  D.  1866. 

Sec.  6.  This  constitution  is  formed,  and  the  State  of  Nebraska  asks 
to  be  admitted  into  the  Union  on  an  equal  footing  with  the  original 
States  on  the  condition  and  faith  of  the  terms  and  propositions 
stated  and  specified  in  an  act  of  Congress  approved  April  nineteenth, 
1864,  authorizing  the  peoj^le  of  the  Territory  to  form  a  constitution 
and  State  government;  the  people  of  the  State  of  Nebraska  hereby 
accepting  the  conditions  in  said  act  specified. 

Sec.  7.  The  foregoing  constitution  shall  be  submitted  to  the  electors 
of  the  Territory  of  Nebraska  at  an  election  to  be  held  on  the  second 
day  of  June,  in  the  year  one  thousand  eight  hundred  and  sixty-six.  in 
the  several  election  districts  of  this  Territory.  The  ballots  at  such 
elections  shall  be  written  or  printed  as  follows: 

Those  in  favor  of  the  constitution,  "  For  the  constitution." 

Those  against  the  constitution,  "Against  the  constitution." 

The  polls  at  said  elections  shall  be  opened  at  the  hour  of  nine 
o'clock  a.  m.,  and  closed  at  six  o'clock  p.  m.,  and  the  returns  of  said 
elections  shall  be  made  to  the  acting  governor  of  the  Territory,  who, 
together  with  the  United  States  district  attorney  and  chief  justice 
of  the  Territory,  or  any  two  of  them,  shall  canvass  the  same,  and  if  a 
majority  of  the  legal  votes  shall  be  cast  for  said  constitution,  the  same 
shall  be  the  constitution  of  Nebraska. 

Said  governor  shall  certify  the  same  to  the  President  of  the  United 
States:  Provided,  That  the  said  election  shall  be  conducted  and  the 


Nebraska— 1875  2861 

returns  made  in  the  same  manner  and  under  the  same  regulations  as 
are  prescribed  by  hnv  in  the  case  of  the  ehn-tion  of  territorial  ollicers. 
The  election  returns  for  the  governor,  secretary  of  state,  auditor, 
treasurer,  and  sui)reme  judges  shall  be  made  to  the  same  offices  and 
the  canvass  of  such  returns  made  in  the  same  manner  as  is  now  pre- 
scribed by  law  for  Delegate  in  Congress. 

Resolced  hy  the  couneil  and  Jwuse  of  representathies  of  the  Territory 
of  N'ehra.ska,  That  the  foregoing  constitution  be  submitted  to  the 
qualified  electors  of  the  Territory,  for  their  adoption  or  rejection,  at 
an  election,  hereby  authorized  to  be  held  at  the  time  and  in  the  man- 
ner specified  in  the  seventh  section  of  the  schedule  of  said  constitu- 
tion, and  that  the  retui-ns  and  canvass  of  the  votes  cast  at  said  election 
be  made  as  in  said  section  ])rescribe(l. 

James  (i.  Megeath, 
/Speaker  of  the  House  of  Representati ces. 
O.  P.  Mason, 

President  of  the  Council. 
Approved,  February  *,),  186G : 
Alvin  Saunders, 

Governor  of  the  Territory  of  Nehraska. 


CONSTITUTION  OF  NEBRASKA— 1875  *  « 

preamble 

We,  the  jieoi^le,  grateful  to  Almighty  God  for  oui-  freedom,  do 
ordain  and  establish  the  following  declaration  of  rights  and  frame  of 
government,  as  the  constitution  of  the  State  of  Nebraska : 

Article  I 

BILL    OF    RIGHTS 

Section!.  All  ]>ersons  ai'c  by  nature  free  and  independent,  and 
have  certain  inherent  and  inalienable  rights;  among  these  ai"e  life, 
liberty,  and  the  ])ursuit  of  hapjjiness.  To  secure  these  rights,  and  the 
l)r()tection  of  ]U'0]x>rty,  governments  are  instituted  among  peo|)le, 
deriving  their  just  ])o\vers  from  the  consent  of  the  governed. 

Skc.  2.  There  shall  be  neither  slavery  nor  involuntary  servitude  in 
this  State,  otherwise  than  for  punishment  of  crime,  whereof  the  party 
shall  have  been  duly  convicted.    . 

Sec.  3.  Xo  person  shall  be  deprived  of  life,  liberty,  or  ])roperty 
without  due  process  of  law. 

Sec.  4.  All  persons  have  a  natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences. 
No  person  shall  be  compelled  to  attend,  erect,  or  sujjpoi't  any  place 
of  worshiji  against  his  consent,  and  no  preference  shall  be  given  by 
of  conscience  be  ])ermitted.  Xo  religious  test  shall  be  recjiiired  as  a 
qualification  for  office,  nor  shall  any  person  be  incompetent  to  be  a 

*  Verified  by  "The  constitution  of  the  State  of  Ne]>rnskn.  Pnltlislied  )>y  order 
of  tlie  Conveiilion,  Lincoln,  Neliraslva,  1875." 

"This  eonstitntion  was  framed  hy  a  i-onventldn  wiiicji  nu-l  at  Lincoln,  .-md 
(•onii)leted  its  hd)ors  ,I>nie  VI,  hSTf*.  It  was  suhuiitted  t«)  the  ikh)])1o  and  ratilicd 
October  12,  1875. 


2362  Nebraska— 1875 

law  to  any  religious  societ}?^,  nor  shall  any  interference  with  the  rights 
witness  on  account  of  his  religious  belief;  but  nothing  herein  shall  be 
construed  to  dispense  with  oaths  and  affirmations.  Religion,  moral- 
ity, and  knowledge,  however,  being  essential  to  good  government,  it 
shall  be  the  duty  of  the  legislature  to  pass  suitable  laws  to  protect 
every  religious  denomination  in  the  peaceable  enjoyment  of  its  own 
mode  of  public  worship,  and  to  encourage  schools  and  the  means  of 
instruction. 

Sec.  5.  Every  person  may  freely  speak,  write,  and  publish  on  all 
subjects,  being  responsible  for  the  abuse  of  that  liberty;  and  in  all 
trials  for  libel,  both  civil  and  criminal,  the  truth,  when  published  with 
good  motives  and  for  justifiable  ends,  shall  be  a  sufficient  defense. 

Sec.  6.  The  right  of  trial  by  jury  shall  remain  inviolate,  but  the 
legislature  may  authorize  trial  by  a  jury  of  a  less  number  than  twelve 
men,  in  courts  inferior  to  the  district  court. 

Sec.  7,  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects  against  unreasonable  searches  and  seizures  shall 
not  be  violated ;  and  no  warrant  shall  issue  but  upon  probable  cause, 
supported  by  oath  or  affirmation,  and  particularly  describing  the 
place  to  be  searched  and  the  person  or  thing  to  be  seized. 

Sec.  8.  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.  9.  All  persons  shall  be  bailable  by  sufficient  sureties,  except  for 
treason  and  murder,  where  the  proof  is  evident  or  the  presumption 
great.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  and  unusual  punishments  inflicted. 

Sec.  10.  No  person  shall  be  held  to  answer  for  a  criminal  offense, 
except  in  cases  in  which  the  punishment  is  by  fine  or  imprisonment, 
otherwise  than  in  the  penitentiary,  in  case  of  impeachment,  and  in 
cases  arising  in  the  Army  and  Navy  or  in  the  militia,  when  in  actual 
service  in  time  of  war  or  public  danger,  unless  on  a  presentment  or 
indictment  of  a  grand  jury:  Provided^  That  the  legislature  may,  by 
law,  provide  for  holding  persons  to  answer  for  criminal  offenses  on 
information  of  a  public  prosecutor;  and  may,  by  law,  abolish,  limit, 
change,  amend,  or  otherwise  regulate  the  grand- jury  system. 

Sec.  11.  In  all  criminal  prosecutions,  the  accused  shall  have  the 
right  to  appear  and  defend  in  person  or  by  counsel,  to  demand  the 
nature  and  cause  of  accusation,  and  to  have  a  copy  thereof;  to  meet 
the  witnesses  against  him  face  to  face ;  to  have  process  to  compel  the 
attendance  of  witnesses  in  his  behalf,  and  a  speedj^  public  trial  by 
an  impartial  jury  of  the  county  or  district  in  -which  the  offense  is 
alleged  to  have  been  committed. 

Sec.  12.  No  person  shall  be  compelled,  in  any  criminal  case,  to  give 
evidence  against  himself,  or  be  twice  put  in  jeopardy  for  the  same 
offense. 

Sec.  13.  All  courts  shall  be  open,  and  every  person,  for  any  injury 
done  him  in  his  lands,  goods,  person,  or  reputation,  shall  have  a 
remedy  by  due  course  of  law,  and  justice  administered  without  denial 
or  dela3\ 

Sec.  14.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  the  State,  or  in  adhering  to  its  enemies,  giving  them  aid  and 
comfort.     No  person  shall  be  convicted  of  treason  unless  on  the  tes- 


Nebraska— 1875  2363 

timom"  of  two  witnesses  to  the  same  overt  act,  or  on  confession  in 
open  court. 

Sec.  15.  All  penalties  shall  be  proportioned  to  the  nature  of  the 
efFense,  and  no  conviction  shall  work  corruption  of  bk)od  or  forfeiture 
of  estate ;  nor  shall  any  person  be  transported  out  of  the  State  for  any 
offense  committed  within  the  State. 

Sec.  1G.  No  bill  of  attainder,  ex-post-facto  law,  or  law  impairing 
the  obligation  of  contracts,  or  making  any  irrevocable  grant  of  special 
privileges  or  immunities  shall  be  passed. 

Sec.  it.  The  military  shall  be  in  strict  subordination  to  the  civil 
power. 

Sec.  18.  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.  19.  The  right  of  the  people  peaceably  to  assemble  to  consult 
for  the  common  good  and  to  petition  the  government  or  any  depart- 
ment thereof  shall  never  be  abridged. 

Sec.  20.  No  person  shall  be  imprisoned  for  debt  in  any  civil  action 
on  mesne  or  final  process  unless  in  cases  of  fraud. 

Sec.  21.  The  property  of  no  person  shall  be  taken  or  damaged  for 
public  use  without  just  compensation  therefor. 

Sec.  22.  All  elections  shall  be  free;  and  there  shall  be  no  hinder- 
ance  or  impediment  tp  the  right  of  a  qualified  voter  to  exercise  the 
elective  franchise. 

Sec.  23.  The  writ  of  error  shall  be  a  writ  of  right  in  all  cases  of 
felony ;  and  in  capital  cases  shall  operate  as  a  supersedeas  to  stay  the 
execution  of  the  sentence  of  death  until  the  further  order  of  the 
supreme  court  in  the  premises. 

Sec.  24.  The  right  to  be  heard  in  all  civil  cases  in  the  court  of  last 
resort,  by  appeal,  error,  or  otherwise,  shall  not  be  denied. 

Sec.  25.  No  distinction  shall  ever  be  made  by  law  between  resident 
aliens  and  citizens  in  reference  to  the  possession,  enjoyment,  or  de- 
scent of  property. 

Sec.  26.  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  II 

DISTRTBrXION    OF   POWERS 

Section.  1.  The  powers  of  the  governor  of  thi<5  State  are  divided 
into  three  distinct  departments:  the  legislative,  executive,  and  judi- 
cial, and  no  person,  or  collection  of  persons,  being  one  of  these  depart- 
ments, shall  exercise  any  power  properly  l)elonging  to  either  of  the 
others,  except  as  hereinafter  expressly  directed  or  permitted. 

Article  III 
legislative 

Section  1.  The  legislative  authority  is  vested  in  a  senate  and 
house  of  representatives. 

Sec.  2.  The  legislature  shall  provide  by  law  for  an  enumeration 
of  the  inhabitants  of  the  State  in  the  vear  eighteen  hunderd  and 


2364  Nebraska— 1875 

eiglity-five,  and  every  ton  years  thereafter;  and  at  its  first  regidar 
session  after  each  cninneration,  and  also  after  each  enumeration  luadc 
by  the  authority  of  the  United  States,  ))ut  at  no  other  time,  the  U'<r- 
ishiture  shall  apportion  the  senators  and  representatives  according  to 
the  nnmher  of  inhabitants,  excluding  Indians  not  taxed,  and  soldiers 
and  officers  of  the  United  States  Army  and  Navy. 

Sec.  3.  The  house  of  representatives  shall  consist  of  eighty-four 
members,  and  the  senate  shall  consist  of  thirty  members,  until  the 
year  eighteen  hundred  and  eighty,  after  which  time  the  number  of 
members  of  each  house  shall  be  regulated  by  law ;  but  the  number  of 
representatives  shall  never  exceed  one  hundred,  nor  that  of  senators 
thirty-three.  The  sessions  of  the  legislature  shall  be  biennial,  except 
as  otherwise  provided  in  this  constitution. 

°  Sec.  4.  The  terms  of  office  of  members  of  the  legislature  shall  be 
two  years,  and  they  shall  each  receive  for  their  services  three  dollars 
for  each  day's  attendance  during  the  session,  and  ten  cents  for  every 
mile  they  shall  travel  in  going  to  and  returning  from  the  place  of 
meeting  of  the  legislature  on  the  most  usual  route :  Prodded.,  hoii:ieve)\ 
That  they  shall  not  receive  pay  for  more  than  forty  days  at  any  one 
session;  and  neither  members  of  the  legislature  nor  employes  shall 
receive  any  pay  or  perquisites  other  than  their  per  diem  and  mileage. 

Sec.  5.  No  person  shall  be  eligible  to  the  office  of  senator  or  mem- 
ber of  the  house  of  representatives  who  shall  not  be  an  elector,  and 
have  resided  within  the  district  from  which  he  is  elected  for  the  term 
of  one  year  next  before  his  election,  unless  he  shall  have  been  absent 
on  the  public  business  of  the  United  States,  or  of  this  State.  And  no 
person  elected  as  aforesaid  shall  hold  his  office  after  he  shall  have 
removed  from  such  district. 

Sec.  6.  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  legislature ;  but  this  provision  shall 
not  extend  to  precinct  or  township  officers,  justices  of  the  peace, 
notaries  public,  or  officers  of  the  militia ;  nor  shall  any  person  inter- 
ested in  a  contract  with,  or  an  unadjusted  claim  against,  the  State 
hold  a  seat  in  the  legislature. 

Sec.  7.  The  session  of  the  legislature  shall  commence  at  twelve 
o'clock  (noon)  on  the  first  Tuesday  in  January,  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  elec- 
tion-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  rep- 
resentatives to  order  at  the  opening  of  each  new  legislature,  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  thereof  who  shall  be  guilty  of  disrespect  to  the 

tt  Amended,  1886. 


Nebraska— 1875  2365 

house  by  disorderly  or  contemptuous  behavior  in  its  presence,  but  no 
such  imj^risonnient  shall  extend  beyond  twenty-four  hours  at  one 
time  unless  the  person  shall  persist  in  such  disorderly  or  contemptu- 
ous behavior. 

Sec.  8.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  pub- 
lish them,  (except  such  parts  as  may  require  secrecy,)  and  the  yeas 
and  nays  of  the  members  on  any  question  shall,  at  the  desire  of  any 
tAvo  of  them,  be  entered  on  the  journal.  All  votes  in  either  house 
shall  be  rira  roce.  The  doors  of  each  house  and  of  the  committee  of 
the  Avhole  sliall  be  open,  unless  Avhen  the  business  sliall  be  such  as 
ought  to  be  kept  secret.  Xeither  house  shall,  without  the  consent  of 
the  other,  adjourn  for  more  than  three  days. 

Sec.  J).  Any  bill  may  originate  in  either  house  of  the  legislature, 
except  bills  appropriating  money,  which  shall  originate  only  in  the 
house  of  representatives,  and  all  1)ills  passed  by  one  house  may  be 
amended  by  the  other. 

Sec.  10.  The  enacting  clause  of  a  law  shall  be,  "  Be  it  enacted  by 
the  legislature  of  the  State  of  Nebraska,"  and  no  law  shall  be  enacted 
except  by  bill.  Xo  bill  shall  be  jjassed  unless  by  assent  of  a  majority 
of  all  the  members  elected  to  each  house  of  the  legislature.  And  the 
question  upon  the  final  passage  shall  be  taken  innnediately  upon  its 
last  reading,  and  the  yeas  and  nays  shall  be  entered  upon  the  journal. 

Sec.  11.  Every  bill  and  concurrent  resolution  shall  be  read  at  large 
on  three  diH'erent  days  in  each  house,  and  the  bill  and  all  amendments 
thereto  shall  be  ])rinted  before  the  vote  is  taken  upon  its  final  passage. 
No  bill  shall  contain  more  than  one  subject,  and  the  same  shall  be 
clearly  expressed  in  its  title.  And  no  law  shall  be  amended  unless 
the  new  act  contains  the  section  or  sections  so  amended,  and  the  sec- 
tion or  sections  so  amended  shall  be  repealed.  The  presiding  officer 
of  each  house  shall  sign,  in  the  presence  of  the  house  over  Mliich  he 
presides,  while  the  same  is  in  session,  and  capable  of  transacting  busi- 
ness, all  bills  and  concurrent  resolutions  passed  by  the  legislature. 

Sec.  12.  Members  of  the  legislature,  in  all  cases  except  treason, 
felony,  or  breach  of  the  peace,  shall  be  privileged  from  arrest  during 
the  session  of  the  legislature,  and  for  fifteen  chiys  before  the  com- 
mencement and  after  the  termination  thereof. 

Sec.  13.  No  ])erson  elected  to  the  legislature  shall  receive  any  civil 
appointment  within  this  State,  from  the  governor  and  senate  during 
the  term  for  Avhicli  he  has  been  elected.  And  all  such  appointments, 
and  all  votes  given  for  anj^  such  member  for  any  such  offif^e  or  ap- 
pointment, shall  be  void.  Nor  shall  any  member  of  the  legislature, 
or  any  State  officer,  be  interested,  either  directly  or  indirectly,  in  any 
contract  with  the  State,  county,  or  city,  authorized  by  any  law  j^assed 
during  the  term  for  which  he  shall  have  been  elected,  or  within  one 
year  after  the  exj)irati()n  Ihereof. 

Sec.  14.  The  senate  and  house  of  rei)resentatives  in  joint  convention 
shall  have  the  sole  power  of  impeachment,  but  a  majority  of  the  mem- 
bers elected  must  concur  then'in.  Upon  the  entertainment  of  a  reso- 
lution to  impeach,  by  either  house,  the  other  house  shall  at  once  be 
notified  thereof,  and  the  two  houses  shall  meet  in  joint  convention  for 
the  purpose  of  acting  u])on  such  resolution  within  three  days  of  such 
notification.  A  notice  of  an  impeachment  of  any  oflicer.  other  than 
a  justice  of  the  supreme  court,  shall  be  forthwith  served  upon  the 
chief -justice  b}^  the  secretary  of  the  senate,  who  shall  thereupon  call 


2366  Nebraska— 1875 

a  session  of  the  supreme  court  to  meet  at  the  capital  within  ten  days 
after  sucli  notice  to  try  the  impeachment.  A  notice  of  an  impeach- 
ment of  a  justice  of  the  supreme  court  shall  be  served  by  the  secre- 
tary of  the  senate  upon  the  judge  of  the  judicial  district  within  which 
the  capital  is  located,  and  he  thereupon  shall  notify  all  the  judges  of 
the  district  court  in  the  State  to  meet  with  him  within  thirty  days 
at  the  capital,  to  sit  as  a  court  to  try  such  impeachment,  Avhich  court 
shall  organize  by  electing  one  of  its  number  to  preside.  Xo  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  the  mem- 
bers of  the  court  of  impeachment,  but  judgment  in  cases  of  impeach- 
ment shall  not  extend  further  than  removal  from  office  and  disquali- 
fication to  hold  and  enjoy  any  office  of  honor,  profit,  or  trust  in  this 
State,  but  the  party  impeached,  whether  convicted  or  acquitted,  shall 
nevertheless  be  liable  to  prosecution  and  punishment  according  to  law. 
Xo  officer  shall  exercise  his  official  duties  after  he  shall  have  been 
impeached  and  notified  thereof,  until  he  shall  have  been  acquitted. 

Sec.  15.  The  legislature  shall  not  j)ass  local  or  special  laws  in  any 
of  the  f ollowmg  cases,  that  is  to  sa}^ : 

For  granting  divorces. 

Changing  the  names  of  persons  or  places. 

Laying  out,  opening,  altering,  and  working  roads  or  highways. 

Vacating  roads,  town-plats,  streets,  alley's,  and  public  grounds. 

Locating  or  changing  coimty-seats. 

Regidating  county  and  township -offices. 

Regulating  the  practice  of  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,  and  villages,  or  changing  or  amending 
the  charter  of  any  town,  city,  or  village. 

Providing  for  the  election  of  officers  in  townships,  incorporated 
towns,  or  cities. 

Summoning  or  impaneling  grand  or  petit  juries. 

Providing  for  the  bonding  of  cities,  towns,  precincts,  school-dis- 
tricts, or  other  municipalities. 

Providing  for  the  management  of  public  schools. 

Regulating  the  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. 

Charterijig  or  licensing  ferries  or  toll-bridges. 

Remitting  fines,  penalties,  or  forfeitures. 

Creating,  increasing,  and  decreasing  fees,  percentage,  or  allowances 
of  public  officers  during  the  term  for  which  said  officers  are  elected 
or  appointed. 

Changing  the  law  of  descent. 

Granting  to  any  corporation,  association,  or  individual  the  right 
to  \?Lj  down  railroad-tracks,  or  amending  existing  charters  for  such 
purpose. 

Granting  to  any  corporation,  association,  or  individual  any  special 
or  exclusive  privileges,  immunity,  or  franchise  whatever.     In  all  other 


Nebraska— 1875  2367 

cases  -where  a  g<?neral  law  caji  be  made  applicable,  no  special  law- 
shall  be  enacted. 

Sec.  16.  The  legislature  shall  never  grant  any  extra  compensation 
to  any  public  officer,  agent,  servant,  or  contractor  after  the  services 
shall  have  been  rendered  or  the  contract  entered  into.  Nor  shall  the 
compensation  of  any  public  officer  be  increased  or  diminished  during 
his  term  of  office. 

Sec.  17.  The  legislature  shall  never  alienate  the  salt-springs  belong- 
ing to  this  State. 

Sec.  18.  Lands  under  control  of  the  State  shall  never  be  donated  to 
railroad  companies,  private  corporations,  or  individuals. 

Sec.  10.  Each  legislature  shall  make  approjn-iations  for  the  ex- 
penses of  the  government  until  the  expiration  of  the  first  fiscal 
(juarter  after  the  adjournment  of  the  next  regular  session,  and  all 
ap])ropriations  shall  end  -svith  such  fiscal  quarter.  And  whenever  it 
is  deemed  necessary  to  make  further  appropriations  for  deficiencies, 
the  same  shall  require  a  two-thirds  vote  of  all  the  members  elected 
to  each  house,  and  shall  not  exceed  the  amount  of  revenue  authorized 
by  law  to  be  raised  in  such  time.  Bills  making  appropriations  for 
the  pay  of  members  and  officers  of  the  legislature,  and  for  the  sal- 
aries of  the  officers  of  the  government,  shall  contain  no  provision  on 
any  other  subject. 

Sec.  20.  All  offices  created  by  this  constitution  shall  become  vacant 
by  the  death  of  the  incumbent,  by  removal  from  the  State,  resigna- 
tion, conviction  of  a  felony,  impeachment,  or  becoming  of  unsound 
mind.  And  the  legislature  shall  jirovide  by  general  law  for  the  fill- 
ing of  such  vacancy  when  no  provision  is  made  for  that  purpose  in 
this  constitution. 

Sec.  21.  The  legislature  shall  not  authorize  any  games  of  chance, 
lottery,  or  gift  enterprise,  under  any  pretence,  or  for  any  purpose 
whatever. 

Sec.  22.  No  allowance  shall  be  made  for  the  incidental  expenses  of 
any  State  officer  except  the  same  be  made  by  general  appropriation 
and  u]>on  an  account  sjiecifving  each  item.  No  money  shall  be 
drawn  from  the  treasury  excejit  in  ])ursuance  of  a  specific  ajipropria- 
tion  made  by  laAV  and  on  the  presentation  of  a  warrant  issued  by  the 
auditor  thereon,  and  no  money  shall  be  diverted  from  any  apjjropria- 
tion  made  for  any  purpose,  or  taken  from  any  fund  whatever,  either 
by  joint  or  separate  resolution.  The  auditor  shall,  within  sixty  days 
after  the  adjournment  of  each  session  of  the  legislature,  prepare  and 
publish  a  full  statement  of  all  moneys  expended  at  such  session,  speci- 
fying the  amount  of  each  item,  and  to  whom  and  for  what  |)aid. 

Sec.  28.  No  member  of  the  legislature  shall  be  liabU>  in  any  civil 
or  criminal  action  whatever  for  words  spoken  in  debate. 

Sec.  24.  No  act  shall  take  eft'ect  until  three  calendar  months  after 
the  adjournment  of  the  session  at  which  it  passed,  unless  in  case  of 
emergency  (to  be  expressed  in  the  preamble  or  body  of  the  act) 
the  legislature  shall,  by  a  vote  of  two-thirds  of  all  the  members 
elected  to  each  house,  otherwise  direct.  All  laws  shall  be  j^ublished 
in  book  form  within  sixty  days  after  the  adjournment  of  each  session, 
and -dislribnled  among  the  several  counties  in  such  manner  as  the 
legislature  may  provide. 


2368  Nebraska— 1875 

Article  IV 

LEGISLATIVE    APPORTIONMENT  * 

Until  otherwise  provided  by  law,  senatorial  and  representative 
districts  shall  be  formed,  and  senators  and  representatives  appor- 
tioned, as  follows: 

SENATORIAL   DISTRICTS 

District  No.  1  shall  consist  of  the  county  of  Richardson,  and  be 
entitled  to  two  senators. 

District  No.  2  shall  consist  of  the  county  of  Nemaha,  and  be  entitled 
to  one  senator. 

District  No.  3  shall  consist  of  the  county  of  Otoe,  and  be  entitled 
to  two  senators. 

District  No.  4  shall  consist  of  the  county  of  Cass,  and  be  entitled 
to  one  senator. 

District  No.  5  shall  consist  of  the  county  of  Douglas,  and  be  entitled 
to  two  senators. 

District  No.  6  shall  consist  of  the  counties  of  Douglas  and  Sarpy, 
and  be  entitled  to  one  senator. 

District  No.  7  shall  consist  of  the  county  of  Washington,  and  be 
entitled  to  one  senator. 

District  No.  8  shall  consist  of  the  county  of  Dodge,  and  be  entitled 
to  one  senator. 

District  No.  9  shall  consist  of  the  county  of  Cuming,  and  be  entitled 
to  one  senator. 

District  No.  10  shall  consist  of  the  counties  of  Burt  and  Dakota, 
and  be  entitled  to  one  senator. 

District  No.  11  shall  consist  of  the  counties  of  Madison,  Stanton, 
Wayne,  Pierce,  Antelope,  and  Boone,  and  be  entitled  to  one  senator. 

District  No.  12  shall  consist  of  the  counties  of  Dixon,  Cedar,  Knox, 
Holt,  and  the  unorganized  territory  west  of  Holt,  and  be  entitled  to 
one  senator. 

District  No.  13  shall  consist  of  the  counties  of  Hall,  Howard,  Mer- 
rick, Greeley,  and  the  unorganized  territory  north  of  Greeley,  and  be 
entitled  to  one  senator. 

District  No.  14  shall  consist  of  the  counties  of  Platte  and  Colfax, 
and  be  entitled  to  one  senator. 

District  No.  15  shall  consist  of  the  counties  of  Butler  and  Polk,  and 
be  entitled  to  one  senator. 

District  No.  10  shall  consist  of  the  county  of  Saunders,  and  be 
entitled  to  one  senator. 

District  No.  17  shall  consist  of  the  county  of  Lancaster,  and  be 
entitled  to  two  senators. 

District  No.  18  shall  consist  of  tlie  counties  of  Johnson  and  Pawnee, 
and  be  entitled  to  one  senator. 

District  No.  19  shall  consist  of  the  counties  of  Gage  and  Jefferson, 
and  be  entitled  to  one  senator. 

District  No.  20  shall  consist  of  the  county  of  Saline,  and  be  entitled 
to  one  senator. 

*  The  apportionment  is  now  I'egulated  by  law. 


Nebraska— 1875  2369 

District  No.  21  shall  consist  of  the  county  of  Seward,  and  be  enti- 
tled to  one  senator. 

District  No.  22  shall  consist  of  the  counties  of  York  and  Hamilton, 
and  be  entitled  to  one 'senator. 

District  No.  23  shall  consist  of  the  counties  of  Fillmore  and  Clay, 
and  be  entitled  to  one  senator. 

District  No.  24  shall  consist  of  the  counties  of  Adams,  Webster, 
Nuckolls,  and  Thaj'^er,  and  be  entitled  to  one  senator. 

District  No.  25  shall  consist  of  the  counties  of  Bufi'alo,  Kearney, 
Franklin,  Harlan,  Phelps,  Sherman,  Yalle3%  and  the  unorganized 
territory  west  of  Sherman,  \'alley,  and  senatorial  district  No.  13, 
and  be  entitled  to  one  senator. 

District  No.  2(j  shall  consist  of  the  counties  of  Lincoln,  Dawson, 
Gosper,  Furnas,  Red  Willow,  Frontier,  Hitchcock,  Dundy,  Chase, 
Keith,  Cheyenne,  and  the  unorganized  territory  west  of  Frontier, 
and  between  Frontier  and  Chase,  and  be  entitled  to  one  senator. 

REPRESENTATIVE    DISTRICTS 

District  No.  1  shall  consist  of  the  county  of  Kichardson,  and  be 
entitled  to  four  representatives. 

District  No.  2  shall  consist  of  the  county  of  Pawnee,  and  be  enti- 
tled to  two  representatives. 

District  No.  3  shall  consist  of  the  county  of  Cage,  and  be  entitled 
to  two  representatives. 

District  No.  4  shall  consist  of  the  county  of  Johnson,  and  be  enti- 
tled to  two  representatives. 

District  No.  5  shall  consist  of  the  county  of  Nemaha,  and  be  entitled 
to  three  representatives. 

District  No.  G  shall  consist  of  the  county  of  Otoe,  and  be  entitled 
to  four  representatives. 

District  No.  7  shall  consist  of  the  comity  of  Lancaster,  and  Ix-  enti- 
tled to  four  representatives. 

District  No.  8  shall  consist  of  the  county  of  Saunders,  and  l)e  enti- 
tled to  three  represent  a  ives. 

District  No.  1)  shall  consist  of  the  county  of  Cass,  ami  be  entitled 
to  three  re])reseiitatives. 

District  No.  J(J  shall  consist  of  the  county  of  Sarpy,  and  be  entitled 
to  one  rei)reseiitative. 

District  No.  11  shall  consist  of  the  county  of  Douglas,  and  be  enti- 
tled to  eight  rejiresentatives. 

District  No.  12  shall  consist  of  the  county  of  Dodge,  and  be  entitled 
to  two  representatives. 

District  No.  13  shall  consist  of  the  county  of  Washington,  and  be 
entitled  to  two  representatives. 

District  No.  1-1  shall  consist  of  the  comity  of  liurt.  and  be  entitled 
to  one  rei)resentative. 

District  No.  15  shall  consist  of  the  county  of  Cuming,  and  l)e  enti- 
tled to  two  representatives. 

District  No.  IG  shall  consist  of  the  county  of  Dakota,  and  be  enti- 
tled to  one  representative. 

District  No.  17  shall  consist  of  the  comity  of  Dixon,  ami  Ix'  entitled 
to  one  representative. 

7253 — \0L  3 — 07 35 


2370  Nehraska—1875 

District  No.  18  shall  consist  of  the  county  of  Jefferson,  and  be 
entitled  to  one  representative. 

District  No.  19  shall  consist  of  the  county  of  Thayer,  and  be 
entitled  to  one  representative. 

District  No.  20  shall  consist  of  the  county  of  Nuckolls,  and  be 
entitled  to  one  representative. 

District  No.  21  shall  consist  of  the  county  of  Webster,  and  be 
entitled  to  one  representative. 

District  No.  22  shall  consist  of  the  county  of  Adams,  and  be 
entitled  to  one  representative. 

District  No.  23  shall  consist  of  the  county  of  Clay,  and  be  entitled 
to  one  representative. 

District  No.  24  shall  consist  of  the  county  of  Fillmore,  and  be 
entitled  to  one  representative. 

District  No.  25  shall  consist  of  the  county  of  Saline,  and  be  entitled 
to  three  representatives. 

District  No.  26  shall  consist  of  the  county  of  Seward,  and  be 
entitled  to  two  representatiAes. 

District  No.  27  shall  consist  of  the  county  of  York,  and  be  entitled 
to  two  representatives. 

District  No.  28  shall  consist  of  the  county  of  Hamilton,  and  be 
entitled  to  one  representative. 

District  No.  29  shall  consist  of  the  county  of  Hall,  and  be  entitled 
to  one  representative. 

District  No.  30  shall  consist  of  the  county  of  Buffalo,  and  be 
entitled  to  one  representative. 

District  No.  31  shall  consist  of  the  county  of  Lincoln,  and  be 
entitled  to  one  representative. 

District  No.  32  shall  consist  of  the  county  of  Harlan,  and  be 
entitled  to  one  representative. 

District  No.  33  shall  consist  of  the  counties  of  Howard  and  Greeley, 
and  be  entitled  to  one  representatiA^e. 

District  No.  34  shall  consist  of  the  county  of  Merrick,  and  be 
entitled  to  one  representative. 

District  No.  35  shall  consist  of  the  county  of  Polk,  and  be  entitled 
to  one  representative. 

District  No.  36  shall  consist  of  the  county  of  Butler,  and  be  entitled 
to  one  representative. 

District  No.  37  shall  consist  of  the  county  of  Colfax,  and  be 
entitled  to  one  representative. 

District  No.  38  shall  consist  of  the  county  of  Platte,  and  be  entitled 
to  one  representative. 

District  No.  39  shall  consist  of  the  county  of  Madison,  and  be 
entitled  to  one  representative. 

District  No.  40  shall  consist  of  the  county  of  Cedar,  and  be  entitled 
to  one  representative. 

District  No.  41  shall  consist  of  the  counties  of  Burt  and  Dodge,  and 
be  entitled  to  one  representative. 

District  No.  42  shall  consist  of  the  counties  of  Stanton.  Wayne,  and 
Pierce,  and  be  entitled  to  one  representative. 

District  No.  43  shall  consist  of  the  counties  of  Knox  and  Holt,  and 
the  unorganized  territory  west  of  Holt,  and  be  entitled  to  one  repre- 
sentative. 


Nebraska— 1875  2371 

District  No.  44  shall  consist  of  the  county  of  Antelope,  and  be 
entitled  to  one  representative. 

District  No.  45  shall  consist  of  the  counties  of  Boone.  Valley.  Sher- 
man, and  the  unorganized  territory  Avest  of  Sherman  and  Valley 
Counties,  and  west  of  the  thirteenth  senatorial  district,  and  be  entitled 
to  one  representative. 

District  No.  40  shall  consist  of  the  counties  of  Dawson  and  P'rontier, 
and  be  entitled  to  one  representative. 

District  No.  47  shall  consist  of  the  counties  of  Franklin  and  Kear- 
ney, and  be  entitled  to  one  representative, 

liistrict  No.  48  shall  consist  of  the  counties  of  Furnas,  Phelps,  and 
Gosper,  and  be  entitled  to  one  representative. 

District  No,  40  shall  consist  of  the  counties  of  Cheyenne.  Keith, 
Dundy,  Chase,  Hitchcock.  Red  Willow,  and  the  unorganized  territory 
north  of  the  county  of  Hitchcock,  and  be  entitled  to  one  representa- 
tive. 

District  No.  50  shall  consist  of  the  counties  of  Cass  and  Saunders, 
and  be  entitled  to  one  representative. 

District  No.  51  shall  consist  of  the  counties  of  Platte,  Colfax,  and 
Butler,  and  be  entitled  to  one  representative. 

District  No,  52  shall  consist  of  the  counties  of  Fillmore  and  Clay, 
and  be  entitled  to  one  representative, 

Artici-e  V 

EXECUTIVE    UEPART^IENT 

Section  1.  The  executive  department  shall  consist  of  a  governor, 
lieutenant-gOA'ernor,  secretary  of  state,  auditor  of  public  accounts, 
treasurer,  superintendent  of  ])ublic  instruction,  attorney-general,  and 
commissioner  of  public  lands  and  buildings,  who  shall  each  hold  his 
office  for  the  term  of  two  years  from  the  first  Thursday  after  the  first 
Tuesday  in  January  next  after  his  election,  and  until  his  successor  is 
elected  and  qualified:  Provided,  Jioirerei\  That  the  first  election  of 
said  officers  shall  be  held  on  the  Tuesday  succeeding  the  first  Monday 
in  November,  18T(),  and  each  succeeding  election  shall  be  held  at  the 
same  relative  time  in  each  even  year  thereafter.  The  governor,  secre- 
tary of  state,  auditor  of  public  accounts,  and  treasurer  shall  reside  at 
the  seat  of  government  during  their  terms  of  office,  and  keep  the 
public  records,  books,  and  papers  there,  and  shall  perform  such 
duties  as  may  be  required  by  law. 

Sec.  2.  ^yo  person  shall  be  eligible  to  the  office  of  governor  or 
lieutenant-governor  who  shall  not  have  attained  the  agi^  of  tiiirty 
years,  and  been  for  tAvo  years  next  preceding  his  (4(>ction  a  c-itizen  of 
the  United  States  and  of  this  State.  None  of  the  officers  of  the  execu- 
tive department  shall  l)e  eligible  to  any  other  State  office  during  the 
period  for  which  they  shall  have  been  elected. 

Sec,  3,  The  treasurer  shall  be  ineligible  to  the  office  of  treasurer  for 
two  years  next  after  the  expiration  of  two  consecutive  terms  for 
which  he  was  elected. 

Sec.  4.  The  returns  of  every  election  for  the  officers  of  the  execu- 
tive department  shall  be  sealed  uj)  and  transmitted  by  the  returning- 
officers  to  the  secretary  of  state,  directed  to  the  speaker  of  the  house 


2372  Nebraska— 1875 

of  representatives,  who  shall,  iinmecliately  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  legisla- 
ture, Avho  shall,  for  that  purpose,  assemble  in  the  hall  of  the  house  of 
representatives.  The  person  having  the  highest  number  of  votes  for 
either  of  said  offices  shall  be  declared  duW  elected;  but  if  two  or 
more  have  an  equal  and  the  highest  number  of  votes,  the  legislature 
shall,  bv  a  joint  vote,  choose  one  of  such  persons  for  said  office.  Con- 
tested elections  for  all  of  said  offices  shall  be  determined  by  both 
houses  of  the  legislature,  by  joint  vote,  in  such  manner  as  may  be 
prescribed  b}"  law. 

Sec.  5.  All  civil  officers  of  this  State  shall  be  liable  to  impeach- 
ment for  any  misdemeanor  in  office. 

Sec.  6.  The  supreme  executive  power  shall  be  vested  in  the  gov- 
ernor, who  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  T.  The  governor  shall,  at  the  commencement  of  each  session, 
and  at  the  close  of  his  term  of  office,  and  whenever  the  legislature  may 
require,  give  to  the  legislature  information  by  message  of  the  condi- 
tion of  the  State,  and  shall  recommend  such  measures  as  he  shall 
deem  expedient.  He  shall  account  to  the  legislature,  and  accompany 
his  message  with  a  statement  of  all  moneys  received  and  paid  out  by 
him  from  any  funds  subject  to  his  order,  Avith  vouchers,  and,  at  the 
commencement  of  each  regular  session,  present  estimates  of  the 
amount  of  mone}^  required  to  be  raised  by  taxation  for  all  purposes. 

Sec.  8.  The  governor  may,  on  extraordinary  occasions,  couA-ene  the 
legislature  by  proclamation,  stating  therein  the  purpose  for  Avhich 
they  are  convened,  and  the  legislature  shall  enter  upon  no  business 
except  that  for  Avhich  they  were  called  together. 

Sec.  9.  In  case  of  a  disagreement  between  the  tAVO  houses  with 
respect  to  the  time  of  adjournment,  the  goA^ernor  may,  on  the  same 
being  certified  to  him  b}^  the  house  first  moving  the  adjournment, 
adjourn  the  legislature  to  such  time  as  he  thinks  proper,  not  beyond 
the  first  day  of  the  next  regular  session. 

Sec.  10.  The  goA^ernor  shall  nominate  and,  by  and  with  the  adA^ce 
and  consent  of  the  senate,  (expressed  by  a  majority  of  all  the  sen- 
ators elected  A^oting,  by  yeas  and  nays,)  appoint  all  officers  Avhose 
offices  are  established  by  this  constitution,  or  which  may  be  created 
by  laAv,  and  Avhose  appointment  or  election  is  not  otherAvise  by  law  or 
herein  provided  for ;  and  no  such  officer  shall  be  appointed  or  elected 
by  the  legislature. 

'  Sec.  11.  In  case  of  a  A^acancy  during  the  recess  of  the  senate,  in  any 
office  Avhich  is  not  elective,  the  goA^ernor  shall  make  a  temporary 
appointment  until  the  next  meeting  of  the  senate,  Avhen  he  shall  nomi- 
nate 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  Aoting  yeas  and  nays,)  shall  hold  his  office  during  the 
remainder  of  the  term,  and  until  his  successor  shall  be  appointed  and 
qualified.  No  person,  after  bein^  rejected  by  the  senate,  shall  be 
again  nominated  for  the  same  office  at  the  same  session,  unless  at 
request  of  the  senate,  or  be  appointed  to  the  same  office  during  the 
recess  of  the  legislature. 

Sec.  12.  The  governor  shall  haA*e  power  to  remoA^e  any  officer  whom 
he  may  appoint,  in  case  of  incompetency,  neglect  of  duty,  or  malfea- 


Nebraska -1875  2373 

sance  in  office;  and  he  may  declare  his  office  vacant,  and  fill  the  same 
as  herein  provided  in  other  cases  of  vacancy. 

Sec.  13.  The  governor  shall  have  the  power  to  grant  reprieves, 
commutations,  and  pardons  after  conviction,  for  all  otl'enses,  except 
treason  and  cases  of  im])eachnient,  upon  such  conditions  and  with 
such  restrictions  and  limitations  as  he  may  think  proper,  subject  to 
such  regulations  as  may  be  i)rovided  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  b(» 
reported  to  the  legislature  at  its  next  session,  when  the  legislature 
shall  either  pardon  or  commute  the  sentence,  direct  the  execution  of 
the  sentence,  or  grant  a  fiirtlier  reprieve.  He  shall  communicate  to 
the  legislature,  at  every  regular  session,  each  case  of  reprieve,  com- 
mutation, or  ])ardon  granted,  stating  the  name  of  the  convict,  the 
crime  of  which  he  was  convicted,  the  sentence  and  its  date,  and  the 
date  of  the  reprieve,  comnuitation,  or  pardon. 

Sec.  14.  The  governor  shall  be  comnumder-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  laAvs,  suppress  insurrection,  and  repel  invasion.  ' 

Sec.  15.  Every  bill  passed  by  the  legislature,  before  it  becomes  a 
law,  and  every  order,  resolution,  or  vote,  to  which  the  concurrence  of 
both  houses  may  be  necessary,  (except  on  questions  of  adJQurnment,) 
shall  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,  Avhicli  house  shall  enter  the  objections  at  large  upon  its 
journal,  and  ])roceed  to  reconsider  the  bill.  If  then  three-fifths  of 
the  members  elected  agree  to  pass  the  same,  it  shall  be  sent,  together 
Avith  the  objections,  to  the  other  house,  by  which  it  shall  likewise  be 
reconsidered;  and  if  ap])roved  by  three-fifths  of  the  members  elected 
to  that  house  it  shall  become  a  hnv  notwithstanding  the  objections  of 
the  governor.  In  all  such  cases  the  vote  of  each  house  shall  be  deter- 
mined by  yeas  and  nays,  to  be  entered  upon  the  journal.  Any  bill 
w^hich  shall  not  be  returned  by  the  governor  Avithm  five  days  (Sun- 
days excepted)  after  it  shall  have  been  presented  to  him,  shall  become 
a  hnv,  in  like  numner  as  if  he  had  signed  it,  unless  the  legislature,  by 
their  adjournment,  prevent  its  return;  in  which  case  it  shall  be  tiled, 
Avith  his  ()l)j('ctions,  in  the  oflice  of  the  secretary  of  state  within  five 
days  aftei-  such  adjournment,  or  become  a  law.  The  governor  may 
disapprove  any  item  ov  items  of  appropriation  contained  in  bills 
passed  by  the  legislature,  and  the  item  or  items  so  disapproved  shall 
be  stricken  therefrom,  unless  repassed  in  the  manner  herein  pre- 
scribed in  cases  of  disapproval  of  l)ills. 

Sec.  1G.  In  case  of  the  death,  impeachment  and  notice  thereof  to 
the  accused,  failure  to  qualify,  resignation,  absence  from  the  State, 
or  other  disability  of  the  governor,  the  powers,  duties,  and  emolu- 
ments of  the  office  for  the  residue  of  the  term,  or-nntil  the  disabilitv 
shall  be  removed,  shall  devolve  ujKm  the  lieutenant-governor. 

Sec.  17.  The  lieutenant-governor  shall  be  president  of  the  senate, 
and  shall  A'ote  only  Avhen  the  senate  is  equally  divided. 

Sec.  18.  If  there  be  no  lieutenant-governor,  or  if  the  lieutenant- 
governor,  for  any  of  the  causes  specified  in  section  sixteen  of  this 


2374  Nebraska— 1875 

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 
sjDeaker  of  the  house  of  representatives. 

Sec.  19.  The  commissioner  of  public  lands  and  buildings,  the  sec- 
retary of  state,  treasurer,  and  attorney-general  shall  form  a  board, 
which  shall  have  general  supervision  and  control  of  all  the  buildings, 
grounds,  and  lands  of  the  State,  the  State  prison,  asylums,  and  all 
other  institutions  thereof,  except  those  for  educational  purposes; 
and  shall  perform  such  duties  and  be  subject  to  such  rules  and  regu- 
lations as  may  be  prescribed  by  law. 

Sec.  20.  If  the  office  of  auditor  of  public  accounts,  treasurer,  sec- 
retary of  state,  attorney-general,  commissioner  of  public  lands  and 
buildings,  or  suj^erintendent  of  public  instruction  shall  be  vacated 
by  death,  resignation,  or  otherwise,  it  shall  be  the  duty  of  the  gov- 
ernor 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.  21.  An  account  shall  be  kept  by  the  officers  of  the  executive 
department  and  of  all  the  public  institutions  of  the  State,  of  all 
moneys  received  or  disbursed  by  them  severally  from  all  sources, 
and  for  every  service  performed,  and  a  semi-annual  report  thereof 
be  made  to  the  governor,  under  oath;  and  any  officer  who  makes  a 
false  report  shall  be  guilty  of  perjury  and  punished  accordingly. 

Sec.  22.  The  officers  of  the  executive  department  and  of  all  the 
public  institutions  of  the  State  shall,  at  least  ten  days  preceding 
each  regidar  session  of  the  legislature,  severally  report  to  the  gov- 
ernor, who  shall  transmit  such  reports  to  the  legislature,  together 
with  the  reports  of  the  judges  of  the  supreme  court,  of  defects  in  the 
constitution  and  laws,  and  the  governor,  or  either  house  of  the 
legislature,  may  at  any  time  require  information  in  writing,  under 
oath,  from  the  officers  of  the  executive  department,  and  all  officers 
and  managers  of  State  institutions,  upon  any  subject  relating  to  the 
condition,  management,  and  expenses  of  their  respective  offices. 

Sec.  23.  There  shall  be  a  seal  of  the  State,  which  shall  be  called 
the  "  Great  Seal  of  the  State  of  Nebraska,''  which  shall  be  kept  by 
the  secretary  of  state,  and  used  by  him  officially,  as  directed  by  law. 

Sec.  24.  The  salaries  of  the  governor,  auditor  of  public  accounts, 
and  treasurer  shall  be  two  thousand  five  hundred  dollars  each  per 
annum,  and  of  the  secretary  of  state,  attorney-general,  superintend- 
ent of  public  instruction,  and  commissioner  of  public  lands  and 
buildings,  two  thousand  dollars  each  per  annum.  The  lieutenant- 
governor  shall  receive  twice  the  compensation  of  a  senator,  and  after 
the  adoption  of  this  constitution  they  shall  not  receive,  to  their  own 
use,  any  fees,  costs,  interest  upon  public  moneys  in  their  hands  or 
under  their  control,  perquisites  of  office,  or  other  compensation,  and 
all  fees  that  may  hereafter  be  payable  by  law  for  services  performed 
by  any  officer,  provided  for  in  this  article  of  the  constitution,  shall 
be  paid  in  advance  into  the  State  treasury.  There  shall  be  no  allow- 
ance for  clerk-hire  in  the  offices  of  the  suiierintendent  of  public  in- 
struction and  attorney-general. 

Sec.  25.  The  officers  mentioned  in  this  article  shall  give  bonds  in 


Nebraska— 1875  2375 

not  less  than  double  the  amount  of  uionev  that  may  come  into  their 
hands,  and  in  no  case  in  less  than  the  sum  of  fifty  thousand  dollars, 
with  such  provisions  as  to  sureties  and  the  approval  thereof,  and  for 
the  increase  of  the  penalty  of  such  bonds  as  may  be  prescribed  by  law. 
Sec.  20.  Xo  other  executive  State  office  shall  l)e  continued  or 
created,  and  the  duties  now  devolving  upon  officers  not  provided  for 
by  this  constitution  shall  be  performed  by  the  officers  herein  created. 

Article  VI 

THE    JUDICIAL    DEPARTMENT 

Sectiox  1.  The  judicial  jwwer  of  this  State  shall  be  vested  in  a 
supreme  court,  district  courts,  county  courts,  justices  of  the  peace, 
police  magistrates,  and  in  such  other  courts  inferior-  to  the  district 
courts  as  may  be  created  by  law  for  cities  and  incorporated  towns. 

Sec.  2.  The  supreme  court  shall  consist  of  three  judges,  a  majority 
of  whom  shall  be  necessary  to  form  a  quorum  or  to  pronounce  a 
decision.  It  shall  have  original  jurisdiction  in  cases  relating  to  the 
revenue,  civil  cases  in  which  the  State  shall  be  a  party,  mandamus, 
quo  warranto,  habeas  corpus,  and  such  appellate  jurisdiction  as  may 
be  provided  by  law. 

Sec.  3.  At  least  two  terms  of  the  supreme  court  shall  be  held  each 
year,  at  the  seat  of  government. 

Sec.  4.  The  judges  of  the  supreme  court  shall  be  elected  by  the 
electors  of  the  State  at  large,  and  their  terms  of  office,  except  of  those 
chosen  at  the  first  election,  as  hereinafter  jDrovided,  shall  be  six  years. 

Sec.  5.  The  judges  of  the  supreme  court  shall,  immediately  after 
the  first  election  under  this  constitution,  be  classified  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. 

Sec.  G.  The  judge  of  the  supreme  court  having  the  shortest  term 
to  serve,  not  holding  his  office  by  aiDpointment  or  election  to  fill  a 
vacancy,  shall  be  the  chief-justice,  and  as  such  shall  preside  at  all 
terms  of  the  supreme  court :  and,  in  case  of  his  absence,  the  judge 
having  in  like  manner  the  next  shortest  term  to  serve  shall  preside 
in  his  stead. 

Sec  7.  No  person  shall  be  eligible  to  the  oflice  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  at  least  three  years  next  preceding  his  election. 

Sec.  8.  There  shall  be  appoiuted  by  the  supreme  court  a  reporter, 
who  shall  also  act  as  clerk  of  the  supreme  court  and  librarian  of  the 
law  and  miscellaneous  library  of  the  State,  whose  term  of  office  shall 
be  four  years,  unless  sooner  removed  by  the  court,  whose  salary  shall 
be  fixed  by  law,  not  to  exceed  fifteen  hundred  dollars  per  annum. 
The  copyright  of  the  State  reports  shall  forever  belong  to  the  State. 

Sec.  1>.  The  district  courts  shall  have  both  chancery  and  common- 
law  jurisdiction,  and  such  other  jurisdiction  as  the  legislature  may 
provide,  and  the  judges  thereof  may  admit  persons  charged  with 
felony  to  a  plea  of  guilty,  and  pass  such  sentence  as  may  be  prescribed 
by  law. 

Sec.  10.  The  State  shall  be  divided  into  six  judicial  districts,  in 
each  of  which  shall  be  elected,  by  the  electors  thereof,  one  judge,  who 


2376  Nebraska— 1875 

shall  be  the  judge  of  the  district  court  therein,  and  whose  term  of 
office  shall  be  four  years. 

Until  otherwise  provided  by  law,  said  districts  shall  be  as  follows : 

First  district. — The  counties  of  Richardson,  Johnson,  Pawnee, 
Gage,  Jefferson,  Saline,  Thaj^er,  Clay,  Nuckolls,  and  Fillmore. 

Second  district. — The  counties  of  Nemaha,  Otoe,  Cass,  and  Lan- 
caster. 

Third  district. — The  counties  of  Douglas,  Sarpy,  Washington,  and 
Burt. 

Fourth  district. — The  counties  of  Saunders,  Dodge,  Butler,  Colfax, 
Platte,  Polk,  Merrick,  Hamilton,  York,  Seward,  Hall,  and  Howard. 

Fifth  district. — The  counties  of  Buff'alo,  Adams,  Webster,  Frank- 
lin, Harlan,  Kearney,  Phelps,  Gosper,  Furnas,  Hitchcock,  Dundy, 
Chase,  Cheyenne,  Keith,  Lincoln,  Dawson,  Sherman,  Red  Willow, 
Frontier,  and  the  unorganized  territory  west  of  said  district. 

Sixth  district. — The  counties  of  Cuming,  Dakota,  Dixon,  Cedar, 
Wayne,  Stanton,  Madison,  Boone,  Pierce,  Knox,  Antelope,  Holt, 
Greeley,  Valley,  and  the  unorganized  territory  west  of  said  district. 

Sec.  11.  The  legislature,  whenever  two-thirds  of  the  members 
elected  to  each  house  shall  concur  therein,  may,  in  or  after  the  year 
one  thousand  eight  hundred  and  eighty,  and  not  oftener  than  once  in 
every  foiir  years,  increase  the  number  of  judges  of  the  district  courts, 
and  the  judicial  districts  of  the  State.  Such  districts  shall  be  formed 
of  compact  territory,  and  bounded  by  county  lines;  and  such  increase, 
or  any  change  in  the  boundaries  of  a  district,  shall  not  vacate  the 
office  of  any  judge. 

Sec.  12.  The  judges  of  the  district  courts  may  hold  courts  for  each 
other,  and  shall  do  so  when  required  by  law. 

Sec.  13.  The  judges  of  the  supreme  and  district  courts  shall  each 
receive  a  salary  of  two  thousand  five  hundred  dollars  per  annum, 
payable  quarterly. 

Sec.  14.  No  judge  of  the  supreme  or  district  courts  shall  receive  any 
other  compensation,  perquisite,  or  benefit  for  or  on  account  of  his 
office  in  any  form  whatever ;  nor  act  as  attorney  or  counsellor  at  law, 
in  any  manner  whatever';  nor  shall  any  salary  be  paid  to  any  county 
judge. 

Sec.  15.  There  shall  be  elected  in  and  for  each  organized  county 
one  judge,  who  shall  be  judge  of  the  county  court  of  such  county,  and 
whose  term  of  office  shall  be  two  years. 

Sec.  16.  County  courts  shall  be  courts  of  record,  and  shall  have 
original  jurisdiction  in  all  matters  of  probate,  settlements  of  estates 
of  deceased  persons,  appointment  of  guardians,  and  settlement  of 
their  accounts,  in  all  matters  relating  to  apprentices,  and  such 
other  jurisdiction  as  may  be  given  by  general  law.  But  they  shall 
not  have  jurisdiction  in  criminal  cases  in  which  the  punishment  ma}' 
exceed  six  months'  imprisonment,  or  a  fine  of  over  five  hundred  dol- 
lars ;  nor  in  actions  in  which  title  to  real  estate  is  sought  to  be  recov- 
ered, or  may  be  drawn  in  question;  nor  in  actions  on  mortgages  or 
contracts  for  the  conveyance  of  real  estate ;  nor  in  civil  actions  where 
the  debt  or  sum  claimed  shall  exceed  one  thousand  dollars. 

Sec.  17.  Appeals  to  the  district  courts  from  the  judgments  of 
county  courts  shall  be  allowed  in  all  criminal  cases  on  application  of 
the  defendant;  and  in  all  civil  cases  on  application  of  either  party, 
and  in  such  other  cases  as  may  be  provided  by  law. 


Nebraska— 1875  2377 

Sec.  18.  Justices  of  the  peace  and  police  magistrates  shall  be  elected 
in  and  for  such  districts,  and  have  and  exercise  such  jurisdiction  as 
may  be  provided  by  law:  Provided,  That  no  justice  of  the  peace  shall 
have  jurisdiction  of  any  civil  case  where  the  amount  in  controversy 
shall  exceed  two  hundred  dollars;  nor  in  a  criminal  case  where  the 
punishment  ma}"  exceed  three  months"  imprisonment,  or  a  fine  of 
over  one  hundred  dollars;  nor  in  any  matter  wherein  the  title  or 
boundaries  of  land  may  be  in  dispute. 

Sec.  11).  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  regu- 
lated bv  law,  and  the  force  and  effect  of  the  proceedings,  judgUi^nts, 
and  decrees  of  such  courts  severally  shall  be  unifoi-m. 

Sec.  20.  All  officers  provided  for  in  this  article  shall  hold  their 
offices  until  their  successors  shall  be  qualified,  and  they  shall  respec- 
tively reside  in  the  district,  county,  or  precinct  for  which  they  shall 
be  elected  or  appointed.  The  terms  of  office  of  all  such  officers,  when 
not  otherwise  prescribed  in  this  article,  shall  be  two  years.  All 
officers,  when  not  otherwise  provided  for  in  this  article,  shall  perform 
such  duties  and  receive  such  compensation  as  may  be  provided  by  law. 

Sec.  21.  In  case  the  office  of  any  judge  of  the  supreme  court,  or  of 
any  district  court,  shall  become  vacant  before  the  expiration  of  the 
regular  term  for  which  he  was  elected,  the  vacancy  shall  be  filled  by 
appointment  by  the  governor,  until  a  successor  shall  be  elected  and 
qualified,  and  such  successors  shall  be  elected  for  the  unexpired  term 
at  the  first  general  election  that  occurs  more  than  thirty  days  after 
the  vacanc,y  shall  have  happened.  Vacancies  in  all  other  elective 
offices  provided  for  in  this  article  shall  be  filled  by  election,  but  when 
the  unexpired  term  does  not  exceed  one  year  the  vacancy  may  be  filled 
by  appointment,  in  such  manner  as  the  legislature  may  provide. 

Sec.  22.  The  State  may  sue  and  be  sued,  and  the  legislature  shall 
provide  by  law  in  what  manner  and  in  what  courts  suits  shall  be 
brought. 

Sec.  28.  The  several  judges  of  the  courts  of  record  shall  have  such 
jurisdiction  at  chambers  as  may  be  provided  by  law. 

Sec.  24.  All  process  shall  run  in  the  name  of  "  The  State  of  Ne- 
braska," and  all  prosecutions  shall  be  carried  on  in  the  name  of  "  The 
State  of  Nebraska." 

Artici.e  VII 

lUGIITS  OF  SUFFRAGE 

Section  1.  Every  male  person  of  the  age  of  twenty-one  years  or 
upwards,  belonging  to  either  of  the  following  classes,  who  shall  have 
resided  in  the  State  six  months,  and  in  the  county,  precinct,  or  ward 
for  the  term  i)rovided  by  law,  shall  be  an  elector: 

First.  Citizens  of  the  United  States. 

Second.  Persons  of  foreign  birth  who  shall  have  declared  their 
intention  to  l)ec()nie  citizens,  conformably  to  the  laws  of  the  United 
States  on  the  subject  of  naturalization,  at  least  thirty  da^-s  j^rior  to  an 
election. 

Sec.  2.  No  person  shall  be  qualified  to  vote  who  is  non  compos 
mentis^  or  who  has  been  convicted  of  treason  or  felony  under  the  law 
of  the  State,  or  of  the  United  States,  unless  restored  to  civil  rights. 


2378.  Nebraska— 1875 

Sec.  3.  Every  elector  in  the  actual  military  service  of  the  United 
States,  or  of  this  State,  and  not  in  the  Regular  Army,  may  exercise 
the  right  of  suffrage  at  such  place  and  under  such  regulations  as  may 
be  provided  by  law. 

Sec.  4.  No  soldier,  seaman,  or  marine  in  the  Army  and  Navy  of  the 
United  States  shall  be  deemed  a  resident  of  the  State  in  consequence 
of  being  stationed  therein. 

Sec.  5.  Electors  shall  in  all  cases,  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attendance  at 
elections,  and  going  to  and  returning  from  the  same;  and  no  elector 
shall  be  obliged  to  do  military  duty  on  the  days  of  election,  except 
in  time  of  war  and  public  danger. 

Sec.  6.  All  votes  shall  be  by  ballot. 

Article  VIII 
education 

Section  1.  The  governor,  secretary  of  state,  treasurer,  attorney- 
general,  and  commissioner  of  public  lands  and  buildings  shall,  under 
the  direction  of  the  legislature,  constitute  a  board  of  commissioners 
for  the  sale,  leasing,  and  general  management  of  all  lands  and  funds 
set  apart  for  educational  purposes,  and  for  the  investment  of  school- 
funds  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  2.  All  lands,  money,  or  other  property  granted  or  bequeathed, 
or  in  any  manner  coiiA-eyed  to  this  State  for  educational  purposes, 
shall  be  used  and  expended  in  accordance  with  the  terms  of  such 
grant,  bequest,  or  conveyance. 

Sec.  3.  The  following  are  hereby  declared  to  be  perpetual  funds  for 
common-school  purposes,  of  which  the  annual  interest  or  income  only 
can  be  appropriated,  to  wit : 

First.  Such  per  centum  as  has  been  or  may  hereafter  be  granted  by 
Congress  on  the  sale  of  lands  in  this  State. 

Second.  All  moneys  arising  from  the  sale  or  leasing  of  sections 
number  sixteen  and  thirty-six  in  each  township  in  this  State,  and  the 
lands  selected  or  that  may  be  selected  in  lieu  thereof. 

Third.  The  proceeds  of  all  lands  that  have  been  or  may  hereafter 
be  granted  to  this  State,  where,  by  the  terms  and  conditions  of  such 
grant,  the  same  are  not  to  be  otherwise  appropriated. 

Fourth.  The  net  proceeds  of  lands  and  other  property  and  effects 
that  may  come  to  the  State,  by  escheat  or  forfeiture,  or  from 
unclaimed  dividends,  or  distributive  shares  of  the  estates  of  deceased 
persons. 

Fifth.  All  moneys,  stocks,  bonds,  lands,  and  other  property  now 
belonging  to  the  common-school  fund. 

Sec.  4.  All  other  grants,  gifts,  and  devises  that  have  been  or  may 
hereafter  be  made  to  this  State,  and  not  otherwise  appropriated  by 
the  terms  of  the  grant,  gift,  or  devise;  the  interest  arising  from  all 
the  funds  mentioned  in  the  preceding  section,  together  with  all  the 
rents  of  the  unsold  school-lands,  and  such  other  means  as  the  legis- 
lature may  provide,  shall  be  exclusively  applied  to  the  support  and 
maintenance  of  common  schools  in  each  school-district  in  the  State. 

Sec.  5.  All  fines,  penalties,  and  license-moneys  arising  under  the 
general  laAvs  of  the  State  shall  belong  and  be  paid  over  to  the  counties 


Nebraska— 1875  2379 

respectively  where  the  same  may  be  levied  or  imposed ;  and  all  fines, 
penalties,  and  license-monej-s  arising  under  the  rules,  by-laws,  or 
ordinances  of  cities,  villages,  towns,  precincts,  or  other  municipal 
subdivisions  less  than  a  county  shall  belong  and  be  paid  over  to  the 
same  respectively.  All  such  fines,  penalties,  and  license-moneys  shall 
be  appropriated  exclusively  to  the  use  and  support  of  common  schools 
in  the  respective  subdivisions  where  the  same  may  accrue. 

Sec.  G.  The  legislature  shall  provide  for  the. free  instruction  in  the 
common  schools  of  this  State  of  all  persons  between  the  ages  of  five 
and  twenty-one  years. 

Sec.  7.  Provisions  shall  be  made  by  general  law  for  an  equitable 
distribution  of  the  income  of  the  fund  set  apart  for  the  support  of 
the  common  schools,  among  the  several  school-districts  of  the  State; 
and  no  appropriation  shall  be  made  from  said  fund  to  any  district 
for  the  year  in  which  school  is  not  maintained  at  least  three  months. 

Sec.  8.  University,  agricultural-college,  common-school,  or  other 
lands,  which  are  now  held,  or  may  hereafter  be  acquired  by  the  State 
for  educational  purposes,  shall  not  be  sold  for  less  than  seven  dollars 
per  acre,  nor  less  than  the  appraised  value. 

Sec.  9.  All  funds  belonging  to  the  State  for  educational  purposes, 
the  interest  and  income  whereof  only  are  to  be  used,  shall  be  deemed 
trust-funds  held  by  the  State,  and  the  State  shall  sui)ply  all  losses 
thereof  that  may  in  any  manner  accrue,  so  that  the  same  shall  remain 
forever  inviolate  and  undiminished ;  and  shall  not  be  invested  or  loaned 
except  on  United  States  or  State  securities,  or  registered  county  bonds 
of  this  State;  and  such  funds,  with  the  interest  and  income  thereof, 
are  hereby  solemnly  pledged  for  the  purposes  for  which  they  are 
granted  and  set  apart,  and  shall  not  be  transferred  to  any  other  fund 
for  other  uses. 

Sec.  10.  The  general  government  of  the  University  of  Nebraska 
shall,  under  the  direction  of  the  legislature,  be  vested  in  a  board  of 
six  regents,  to  be  stjded  the  board  of  regents  of  the  University  of 
Nebraska,  who  shall  be  elected  b}^  the  electors  of  the  State  at  large, 
and  their  term  of  office,  except  those  chosen  at  the  first  election,  as 
hereinafter  provided,  shall  be  six  years.  Their  duties  and  powers 
shall  be  prescribed  by  law;  and  they  shall  receive  no  compensation, 
but  may  be  re-imbursed  their  actual  expenses  incurred  in  the  dis- 
charge of  their  duties. 

Sec.  11.  No  sectarian  instruction  shall  be  allowed  in  any  school  or 
institution  supjiorted  in  whole  or  in  part  by  the  ])ublic  funds  set 
apart  for  educational  purposes;  nor  shall  the  State  accept  any  grant, 
conveyance,  or  bequest  of  money,  lands,  or  other  property,  to  be  used 
for  sectarian  purposes. 

Sec  12.  The  legislature  may  provide  by  law  for  the  establishment 
of  a  school  or  schools  for  the  safe-keeping,  education,  employment, 
and  reformation  of  all  children  under  the  age  of  sixteen  years,  who, 
for  waut  of  proper  ])arental  care,  or  other  cause,  are  growing  up  in 
mendicancy  or  crime. 

Article  IX 

re\t:xue  and  finance 

Section  1.  The  legislature  shall  provide  such  revenue  as  may  be 
needful,  by  levying  a  tax  by  valuation,  so  that  every  person  and  cor- 
poration shall  pay  a  tax  in  proportion  to  the  value  of  his.  her.  or  its 


2380  Nebraska— 1875 

property  and  franchises,  the  vakie  to  be  ascertained  in  such  manner 
as  the  legishitiire  shall  direct;  and  it  shall  have  power  to  tax  ped- 
dlers, auctioneers,  brokers,  hawkers,  commission-merchants,  showmen, 
jugglers,  inn-keepers,  liquor-dealers,  toll-bridges,  ferries,  insurance, 
telegraph,  and  express  interests  or  business,  venders  of  patents,  in 
such  manner  as  it  shall  direct  by  general  law,  uniform  as  to  the  class 
upon  which  it  operates. 

Sec.  2.  The  propert3^of  the  State,  counties  and  municipal  corpora- 
tions, both  real  and  personal,  shall  be  exempt  from  taxation,  and 
such  other  property  as  may  be  used  exclusively  for  agricultural  and 
horticultural  societies,  for  school,  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.  The  legislature 
may  provide  that  the  increased  value  of  lands,  by  reason  of  live 
fences,  fruit,  and  forest  trees  grown  and  cultivated  thereon,  shall  not 
be  taken  into  account  in  the  assessment  thereof. 

Sec.  3.  The  right  of  redemption  from  all  sales  of  real  estate,  for 
the  non-payment  of  taxes  or  special  assessment  of  any  character 
whatever,  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:  Provided^  That  occupants  shall  in  all  cases  be  served 
with  personal  notice  before  the  time  of  redemption  expires. 

Sec.  4.  The  legislature  shall  have  no  power  to  release  or  discharge 
any  county,  city,  township,  town,  or  district  whatever,  or  the  inhabit- 
ants thereof,  or  any  corporation,  or  the  property  therein,  from  their 
or  its  proportionate  share  of  taxes  to  be  levied  for  State  purposes,  or 
due  anj^  municipal  corporation,  nor  shall  commutation  for  such  taxes 
be  authorized  in  any  form  whatever. 

Sec.  5.  County  authorities  shall  never  assess  taxes  the  aggregate  of 
which  shall  exceed  one  and  a  half  dollars  per  one  hundred  dollars 
valuation,  except  the  pa^^ment  of  indebtedness  existing  at  the  adop- 
tion of  this  constitution,  unless  authorized  by  a  vote  of  the  people 
of  the  county. 

Sec.  6.  The  legislature  may  vest  the  corporate  authorities  of  cities, 
towns,  and  villages,  Avith  power  to  make  local  improvements  hj 
special  assessments,  or  by  special  taxation  of  property  benefited.  For 
all  other  corporate  purposes,  all  municipal  corporations  may  be  vested 
with  authority  to  assess  and  collect  taxes,  but  such  taxes  shall  be  uni- 
form in  respect  to  persons  and  property  within  the  jurisdiction  of 
the  body  imposing  the  same. 

Sec.  T.  Private  property  shall  not  be  liable  to  be  taken  o:-  sold  for 
the  payment  of  the  corporate  debts  of  municipal  corporations.  The 
legislature  shall  not  impose  taxes  upon  municipal  corporations,  or  the 
inhabitants  or  property  thereof,  for  corporate  purposes. 

Sec.  8.  The  legislature  at  its  first  session  shall  provide  a  law  for 
the  funding  of  all  outstanding  warrants  and  other  indebtedness  of  the 
State,  at  a  rate  of  interest  not  exceeding  eight  per  cent,  per  annum. 

Sec.  9.  The  legislature  shall  provide  by  law  that  all  claims  upon  the 
treasury  shall  be  examined  and  adjusted  by  the  auditor  and  approved 
b}^  the  secretary  of  state  before  any  warrant  for  the  amount  allowed 
shall  be  draAvn :  Pj'o  ruled.  That  a  party  aggrieved  by  the  decision  of 
the  auditor  and  secretary  of  state  may  appeal  to  the  district  court. 


Nebraska— 1875  2381 

Article  X 

COUNTIES 

Section  1.  No  new  county  shall  l)e  formed  or  established  l)v  the 
legislature  AA'hich  will  reduce  the  coiint}^  or  counties,  or  either  of  them, 
to  a  less  area  than  four  hundred  square  miles,  nor  shall  any  county  be 
formed  of  a  less  ai-ea. 

Sec.  2.  Xo  county  shall  be  divided,  or  have  any  part  stricken  there- 
from, without  first  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.  8.  There  shall  be  no  territory  stricken  from  any  organized  county 
unless  a  majority  of  the  voters  living  in  such  territory  shall  petitiou  for 
such  divisiou,  and  no  territory  shall  be  added  to  any  organized  county 
without  the  consent  of  the  majority  of  the  voters  of  the  county  to 
Avliich  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  new 
county,  shall  be  liolden  for  and  obliged  to  pay  its  proportion  of  the 
indebtedness  of  the  counties  from  which  it  has  been  taken. 

Sec.  4.  The  legislature  shall  provide  by  law  for  the  election  of  such 
county  and  townshi])  officers  as  may  be  necessary. 

Sec.  5.  The  legislature  shall  provide  by  general  law  for  township 
organization,  under  which  any  county  may  organize  whenever  a 
majority  of  the  legal  voters  of  such  county,  voting  at  any  general 
election,  shall  so  determine;  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  shall  be  provided  by  law. 

Article  XI 

RAILROAD    CORPORATIONS 

Section  1.  Every  railroad  corporation  organized  or  doing  business 
in  this  State,  under  the  laws  or  authority  thereof,  or  of  any  other 
State,  or  of  the  United  States,  shall  have  and  maintain  a  public  ollice 
or  i)lace  in  this  State  for  the  transaction  of  its  business,  where  trans- 
fers of  stock  shall  be  nuule.  and  in  which  shall  be  kept,  for  i>ublic 
inspection,  books  in  which  shall  be  recorded  the  amount  of  caijital 
stock  subscribed,  and  l)V  whom:  the  names  of  the  owners  of  its  stock, 
and  the  amounts  owned  by  them  res])ectively ;  the  amount  of  stock 
paid  in,  and  by  whom;  the  transfers  of  said  stock;  the  amount  of  its 
assets  and  liabilities;  and  the  names  and  places  of  residence  of  its 
officers.  The  directors  of  every  railroad  corporation,  or  other  partias 
having  control  of  its  road,  shall  annually  make  a  report,  under  oath, 
to  the  auditor  of  pui^lic  accounts,  or  some  officer  to  be  designated  f)v 
law,  of  the  amoinit  received  from  passengers  and  fi-eight,  and  such 
other  matters  relating  to  railroads  as  may  l)e  prescribed  by  law.  And 
the  legislature  shall  jiass  laws  enforcing,  by  suitable  penalties,  the 
provisions  of  this  section. 

Sec  2.  The  rolling-stock  and  all  other  movable  property  belonging 
to  any  railroad  company  or  corporation  in  this  State  shall  be  liable 
to  execution  and  sale,  in  the  same  manner  as  the  personal  j^roperty  of 


2382  Nebraska— 1875 

individuals;  and  the  legislature  shall  pass  no  law  exempting  any  such 
property  from  execution  and  sale. 

Sec.  3.  No  railroad  corporation  or  telegraph  company  shall  con- 
solidate its  stock,  property,  franchises,  or  earnings,  in  whole  or  in 
part,  with  any  other  railroad  corporation  or  telegraph  company  own- 
ing a  parallel  or  competing  line;  and  in  no  case  shall  any  consolida- 
tion take  place,  except  upon  public  notice  of  at  least  sixty  days  to  all 
stockholders,  in  such  manner  as  may  be  provided  by  law. 

Sec.  4.  Railways  heretofore  constructed,  or  that  may  hereafter  be 
constructed  in  this  State,  are  hereby  declared  public  highways,  and 
shall  be  free  to  all  persons  for  the  transportation  of  their  persons  and 
property  thereon,  under  such  regulations  as  may  be  prescribed  by  laAv. 
And  the  legislature  may  from  time  to  time  pass  laws  establishing 
reasonable  maximum  rates  of  charges  for  the  transportation  of  pas- 
sengers and  freight  on  the  different  railroads  in  this  State.  The 
liability  of  railroad  corporations  as  common  carriers  shall  never  be 
limited. 

Sec.  5.  Xo  railroad  corporation  shall  issue  any  stock  or  bonds, 
except  for  money,  labor,  or  property  actually  received  and  applied  to 
the  purposes  for  which  such  corporation  was  created,  and  all  stock, 
dividends,  and  other  fictitious  increase  of  the  capital  stock  or  indebt- 
edness of  any  such  corporation  shall  be  void.  The  capital  stock  of 
railroad  corporations  shall  not  be  increased  for  any  purpose,  except 
after  public  notice  for  sixty  days,  in  such  manner  as  may  be  provided 
by  law. 

Sec.  6.  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  legislature,  of  the  property  and  franchises  of  incorporated  com- 
panies already  organized  or  hereafter  to  be  organized,  and  subjecting 
them  to  the  public  necessity,  the  same  as  of  individuals. 

Sec.  7.  The  legislature  shall  pass  laws  to  prevent  abuses  and  pre- 
vent unjust  discrimination  and  extortion  in  all  charges  of  express, 
telegraph,  and  railroad  companies  in  this  State,  and  enforce  such 
laws  by  adequate  penalties  to  the  extent,  if  necessary  for  that  pur- 
l^ose,  of  forfeiture  of  their  property  and  franchises. 

Sec.  8.  No  railroad  corporation  organized  under  the  laws  of  any 
other  State,  or  of  the  United  States,  and  doing  business  in  this  State, 
shall  be  entitled  to  exercise  the  right  of  eminent  domain,  or  have 
power  to  acquire  the  right  of  way  or  real  estate  for  depot  or  other 
uses,  until  it  shall  have  become  a  body  corporate  pursuant  to  and  in 
accordance  Avith  the  laws  of  this  State. 

MUNICIPAL    CORPORATIONS 

Section  1.  Xo  city,  county,  town,  precinct,  municipality,  or  other 
subdivision  of  the  State  shall  ever  become  a  subscriber  to  the  capital 
stock,  or  owner  of  such  stock,  or  any  portion  or  interest  therein,  of 
any  railroad  or  private  corporation,  or  association. 

MISCELLANEOUS    CORPORATIONS 

Section  1.  Xo  corporation  shall  be  created  by  special  law,  nor  its 
charter  extended,  changed,  or  amended,  except  those  for  charitable, 
educational,  penal,  or  reformatory  purposes,  which  are  to  be  and 


Nebraska— 1875  2383 

remain  under  the  patronage  and  control  of  the  State,  but  the  legis- 
lature shall  provide  by  general  laws  for  the  organization  of  all  cor- 
porations hereafter  to  be  created.  All  general  laws  i)assed  pursuant 
to  this  section  may  be  altered  from  time  to  time  or  rei)ealed. 

Sec.  2.  No  such  general  hiw  shall  be  passed  by  the  legislature 
granting  the  right  to  construct  and  operate  a  street-raih-oad  within 
any  city,  town,  or  incorporated  village  without  first  requiring  the 
consent  of  a  majority  of  the  electors  thereof. 

Sec.  3.  All  corporations  may  sue  and  be  sued  in  like  cases  as 
natural  persons. 

Sec.  4.  In  all  cases  of  claims  against  corporations  and  joint-stock 
associations  the  exact  amount  justly  due  shall  be  first  ascertained, 
and  after  the  corporate  i)roi)erty  shall  have  been  exhausted,  the 
original  subscribers  thereof  shall  be  individually  liable  to  the  extent 
of  their  uni)aid  subscrii)tion,  and  the  liability  for  the  uni)aid  sub- 
scription shall  follow  the  stock. 

Sec.  5.  The  legislature  shall  provide  by  law  that  in  all  elections  for 
directors  or  managers  of  inorporated  companies,  everj'^  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 
directors  or  managers  to  be  elected,  or  to  cumulate  said  shares  and 
give  one  candidate  as  many  votes  as  the  number  of  directors  multi- 
plied by  the  number  of  his  shares  of  stock  shall  equal,  or  to  distribute 
them  upon  the  same  i)rinciple  among  as  manj-  candidates  as  he  shall 
think  fit;  and  such  directors  or  managers  shall  not  be  elected  in  any 
other  manner. 

Sec.  6.  All  existing  charters  or  grants  of  special  or  exclusive 
])rivileges  under  which  organization  shall  not  have  taken  place,  or 
which  shall  not  be  in  o])eration  within  sixt}^  days  from  the  time  this 
constitution  takes  effect,  shall  thereafter  have  no  validity  or  effect 
whatever. 

Sec.  7.  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  held,  to  an  amount  equal  to  his 
respective  stock  or  shares  so  held,  for  all  its  liabilities  accruing 
while  he  remains  such  stockholder;  and  all  banking  corporations 
shall  publish  quarterly  statements,  under  oath,  of  their  assets  and 
liabilities. 

Article  XI T 

STATE,   county,   AND   MUNICIPAL  INDEBTEDNESS 

Section  1.  The  State  may,  to  meet  casual  deficits,  or  failures  in 
the  revenues,  contract  debts  never  to  exceed  in  the  aggregate  one 
hundred  thousand  dollars;  and  no  greater  indebtedness  shall  be 
incurred  except  for  the  i)urpose  of  repelling  invasion,  suppressing 
insurrection,  or  defending  the  State  in  war;  and  j)rovision  shall  be 
made  for  the  payment  of  (he  interest  annually,  as  it  shall  accrue,  by 
a  tax  levied  for  the  i)ur]iose,  or  from  other  sources  of  i-e\enue,  which 
law  providing  for  the  payment  of  such  interest  by  such  tax  shall  be 
irrepealable  until  such  debt  be  paid. 

Sec.  2.  No  city,  county,  town,  precinct,  municipality,  or  other  sub- 
division of  the  State  shall  ever  make  donations  to  any  railroad  or 
other  work  of  internal  improvement,  unless  a  proposition  so  to  do 


2384  Nebraska— 1875 

shall  have  been  first  submitted  to  the  qualified  electors  thereof  at  an 
election  bv  authority  of  law:  Provided,  That  such  donations  of  a 
count}'  Avith  the  donations  of  such  subdivisions  in  the  aggregate  shall 
not  exceed  ten  per  cent,  of  the  assessed  valuation  of  such  county: 
Pj'OV'ided  further,  That  any  city  or  county  may,  by  a  two-thirds  vote, 
increase  such  indebtedness  five  per  cent,  in  addition  to  such  ten  per 
cent.,  and  no  bonds  or  evidences  of  indebtedness  so  issued  shall  be 
valid  unless  the  same  shall  have  indorsed  thereon  a  certificate  signed 
by  the  secretary  and  auditor  of  state,  showing  that  the  same  is  issued 
pursuant  to  law. 

Sec.  3.  The  credit  of  the  State  shall  never  be  given  or  loaned  in  aid 
of  any  individual,  association,  or  corporation. 

Article  XIII 

MILITIA 

Section  1.  The  legislature  shall  determine  what  persons  shall  con- 
stitute the  militia  of  the  State,  and  may  provide  for  organizing  and 
disciplining  the  same. 

Article  XIV 

MISCELLANEOUS   PROVISIONS 

Section  1.  Executive  and  judicial  officers  and  members  of  the 
legislature,  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  Constitution  of  the  United  States, 
and  the  constitution  of  the  State  of  Nebraska,  and  will  faithfully 

discharge  the  duties  of according  to  the  best  of  my  ability; 

and  that  at  the  election  at  which  I  was  chosen  to  fill  said  office  I  have 
not  improperly  influenced  in  any  way  the  vote  of  any  elector,  and 
liaA^e  not  accepted,  nor  will  I  accept  or  receive,  directly  or  indirectly, 
any  money  or  other  valuable  thing  from  any  corporation,  company, 
or  person,  or  any  promise  of  office  for  any  official  act  or  influence, 
(for  any  vote  I  may  give  or  withhold  on  any  bill,  resolution,  or 
appropriation.)"  Any  such  officer  or  member  of  the  legislature  who 
shall  refuse  to  take  the  oath  herein  prescribed  shall  forfeit  his  office, 
and  any  person  who  shall  be  convicted  of  having  sworn  falsely  to, 
or  of  violating  his  said  oath,  shall  forfeit  his  office,  and  thereafter  be 
disqualified  from  holding  any  office  of  profit  or  trust  in  this  State, 
unless  he  shall  have  been  restored  to  civil  rights. 

Sec  2.  Any  person  who  is  in  default  as  collector  and  custodian  of 
public  money  or  property  shall  not  be  eligible  to  any  office  of  trust 
or  profit  under  the  constitution  or  laws  of  this  State;  nor  shall  any 
person  convicted  of  felony  be  eligible  to  office  unless  he  shall  have 
been  restored  to  civil  rights. 

Sec.  3.  Drunkenness  shall  be  cause  of  impeachment  and  removal 
from  office. 

Article  XV 

amendments 

Section  1.  Either  branch  of  the  legislature  may  propose  amend- 
ments to  this  constitution,  and  if  the  same  be  agreed  to  by  three-fifths 


Nebraska— 1875  2385 

of  the  members  elected  to  each  house,  such  proposed  amendments 
shall  be  entered  on  the  journals,  with  the  yeas  and  naj's,  and  pub- 
lished at  least  once  each  week  in  at  least  one  newspaper  in  each 
county,  where  a  newspaper  is  published,  for  three  months  immedi- 
ately preceding  the  next  election  of  senators  and  representatives,  at 
which  election  the  same  shall  be  submitted  to  the  electors  for  approval 
or  rejection,  and  if  a  majority  of  the  electors  voting  at  such  election 
adopt  such  amendments,  the  same  shall  become  a  part  of  this  consti- 
taition.  AVhen  more  than  one  amendment  is  submitted  at  the  same 
election,  they  shall  be  so  submitted  as  to  enable  the  electors  to  vote 
on  each  amendment  separately. 

Sec.  2.  AVhen  three-fifths  of  the  members  elected  to  each  branch  of 
the  legislature  deem  it  necessar}^  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  legislature  for  or  against 
a  convention,  and  if  a  majority  voting  at  said  election  vote  for  a  con- 
vention, the  legislature  shall,  at  its  next  session,  provide  by  law  for 
calling  the  same.  The  convention  shall  consist  of  as  many  members 
as  the  house  of  representatives,  who  shall  be  chosen  in  the  same  man- 
ner, and  shall  meet  Avithin  three  months  after  their  election,  for  the 
purpose  aforesaid.  No  amendment  or  change  of  this  constitution, 
agreed  upon  by  such  convention,  shall  take  effect  until  the  same  has 
been  submitted  to  the  electors  of  the  State,  and  adopted  by  a  majority 
of  those  voting  for  and  against  the  same. 

Article  XVI 

SCHEDULE 

Section  1.  That  no  inconvenience  may  arise  from  the  revisions  and 
changes  made  in  the  constitution  of  this  State,  aiid  to  carry  the  same 
into  effect,  it  is  hereby  ordained  and  declared  that  all  laws  in  force 
at  the  time  of  the  adoption  of  this  constitution,  not  inconsistent  there- 
with, and  all  rights,  actions,  prosecutions,  claims,  and  contracts  of 
this  State,  individuals,  or  bodies-corporate  shall  continue  to  be  as 
valid  as  if  this  constitution  had  not  been  adopted. 

Sec.  2.  xVll  fines,  taxes,  penalties,  and  forfeitures  owing  to  the  State 
of  Nebraska,  or  to  the  people  thereof,  under  the  present  constitution 
and  laws,  shall  inure  to  the  use  of  the  people  of  the  State  of  Nebraska 
under  this  constitution. 

Sec.  8.  Kecognizances,  bonds,  obligations,  and  all  other  instru- 
ments entei-ed  into  or  executed  upon  the  adoption  of  this  constitution, 
to  the  people  of  the  State  of  Nebraska,  to  the  State  of  Nebraska,  to 
any  State  or  county  officer,  or  public  bod3%  shall  remain  binding  and 
valid,  and  rights  and  liabilities  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  this  State. 

Sec.  4.  All  existing  courts  which  are  not  in  this  constitution  spe- 
cifically enumerated,  and  concerning  which  no  other  jn'ovision  is 
herein  made,  shall  continue  in  existence,  and  exercise  tlieir  present 
jurisdiction  nntil  otherwise  provided  by  law. 

Sec.  5.  All  persons  now  filling  any  office  or  ajjpointment  shall  con- 
tinue in  the  exercise  of  the  duties  thereof,  according  to  their  respective 
7253— VOL  3—07 3G 


2386  Nebraska— 1875 

commissions,  elections,  or  appointments,  unless  by  this  constitution  it 
is  otherwise  directed. 

Sec.  6.  The  district  attorneys  now  in  office  shall  continue  during 
their  unexpired  terms  to  hold  and  exercise  the  duties  of  their  respec- 
tive offices  in  the  judicial  districts  herein  created,  in  which  they  sev- 
erally reside.  In  each  of  the  remaining  districts  one  such  officer  shall 
be  elected  at  the  first  general  election,  and  hold  his  office  until  the 
expiration  of  the  terms  of  those  now  in  office. 

Sec.  T.  This  constitution  shall  be  submitted  to  the  people  of  the 
State  of  Nebraska,  for  adoption  or  rejection,  at  an  election  to  be  held 
on  the  second  Tuesday  of  October,  A.  D.  1875,  and  there  shall  be 
separately  submitted  at  the  same  time  for  adoption  or  rejection  the 
independent  article  relating  to  "  Seat  of  government,"  and  the  inde- 
dependent  article  "Allowing  electors  to  express  their  preference  for 
United  States  Senator." 

Sec.  8.  At  said  election  the  qualified  electors  shall  vote  at  the  usual 
places  of  voting,  and  the  said  election  shall  be  conducted  and  the 
returns  thereof  made  according  to  the  laws  now  in  force  regulating 
general  elections,  except  as  herein  otherwise  provided. 

Sec.  9.  The  secretary  of  state  shall,  at  least  twenty  days  before  said 
election,  cause  to  be  delivered  to  the  county  clerk  of  each  county 
blank  poll-books,  tallj-lists,  and  forms  of  return,  and  twice  as  many 
of  properly-prepared  printed  ballots  for  the  said  election  as  there  are 
voters  in  such  county,  the  expense  whereof  shall  be  audited  and  paid 
as  other  public  printing  ordered  by  the  secretary  as  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  judges  of 
election  in  each  election-precinct  in  their  respective  counties,  said 
blank  poll-books,  tally-lists,  forms  of  return,  and  tickets. 

Sec.  10.  At  the  said  election  the  ballots  shall  be  of  the  following 
form : 

For  the  new  constitution. 

Against  the  new  constitution. 

For  the  article  relating  to  "  Seat  of  government." 

Against  the  article  relating  to  "  Seat  of  Government." 

For  the  article  ''Allowing  electors  to  express  their  preference  for 
United  States  Senators." 

Against  the  article  "Allowing  electors  to  express  their  preference 
for  United  States  Senators." 

Sec.  11.  The  returns  of  the  whole  vote  cast,  and  the  votes  for  the 
adoption  or  rejection  of  this  constitution,  and  for  or  against  the 
article  respectively  submitted,  shall  be  made  by  the  several  county 
clerks  to  the  secretary  of  state,  within  fourteen  days  after  the  elec- 
tion, and  the  returns  of  the  said  votes  shall,  within  three  days  there- 
after, be  examined  and  canvassed  by  the  president  of  this  conven- 
tion, the  secretary  of  state,  and  the  governor,  or  any  two  of  them,  and 
proclamation  shall  be  made  forthwith  by  the  governor,  or  the  presi- 
dent of  this  convention,  of  the  result  of  the  canvass. 

Sec.  12.  If  it  shall  appear  that  a  majority  of  the  votes  polled  are 
"  for  the  new  constitution,"  then  so  much  of  this  new  constitution 
as  was  not  separtaely  submitted  to  be  voted  on  by  article  shall  be  the 
supreme  laAv  of  the  State  of  Nebraska,  on  and  after  the  first  day  of 
November,  A.  D.  1875.  But  if  it  shall  appear  that  a  majority  of  the 
votes  polled  were  "  against  the  new  constitution,"  the  whole  thereof. 


Nebraska— 1875  2387 

including  the  articles  separately  submitted,  shall  be  mill  and  void. 
If  the  votes  *'  for  the  new  constitution  "  shall  adopt  the  same,  and 
it  shall  ajjpear  that  a  majority  of  the  votes  polled  are  for  the 
article  relating  to  ''  the  seat  of  government,"  said  article  shall  be  a 
part  of  the  constitution  of  this  State.  If  the  votes  "  for  the  new 
constitution  -'  shall  adopt  the  same,  and  it  shall  appear  that  the  major- 
ity of  the  votes  polled  are  for  the  article  **  allowing  electors  to  express 
their  preference  for  United  States  Senator,"  said  article  shall  be  a 
part  of  the  constitution  of  this  State. 

Sec.  13.  The  general  election  of  this  State  shall  l)e  held  on  the 
Tuesday  succeeding  the  first  Monday  of  November  of  each  year, 
except  the  first  general  election,  which  shall  be  on  the  second  Tues- 
day in  October,  1875.  All  State,  district,  county,  precinct,  and  town- 
ship officers,  by  the  constitution  or  laws  made  elective  by  the  peo- 
ple, except  school-district  officers,  and  municipal  officers  in  cities, 
villages,  and  towns,  shall  be  elected  at  a  general  election  to  be  held 
as  aforesaid.  Judges  of  the  su])reme,  district,  and  county  courts,  all 
elective  county  and  precinct  officers,  and  all  other  elective  officers, 
the  time  for  the  election  of  whom  is  not  herein  otherwise  provided 
university,  shall  continue  in  office  until  their  successors  shall  be 
elected  at  the  first  general  election,  and  thereafter  at  the  general  elec- 
tion next  preceding  the  time  of  the  termination  of  their  respective 
terms  of  office:  Prorided,  That  the  office  of  no  county  commissioner 
shall  be  vacated  herei)y. 

Sec.  14.  The  terms  of  office  of  all  State  and  county  officers,  or 
judges  of  tlie  supreme,  district,  and  county  courts,  and  regents  of 
the  university,  shall  begin  on  the  first  Thursday  after  the  first  Tues- 
day in  January  next  succeeding  their  election.  The  present  State 
and  county  officers,  members  of  the  legislature,  and  regents  of  the 
university,  shall  continue  in  office  until  their  succesors  shall  be 
selected  and  qualified. 

Sec.  15.  The  supreme,  district,  and  county  courts  established  by 
this  constitution  shall  be  the  successors,  respectively,  of  the  sujireme 
court,  the  district,  and  the  probate  courts,  having  jurisdiction  under 
the  existing  constitution. 

Sec.  IC).  The  supreme,  district,  and  i)robate  courts  now  in  existence 
shall  continue,  and  the  judges  thereof  shall  exercise  the  power  and 
retain  their  ])resent  jurisdiction  until  tlie  courts  provided  for  by  this 
constitution  shall  be  organized. 

Sec.  17.  All  cases,  matters,  and  proceedings  pending  undetermined 
in  the  several  courts,  and  all  records,  judgments,  orders,  and  decrees 
remaining  therein,  are  herein*  transferred  to  and  shall  be  proceeded 
in  and  enforced  in  and  by  the  successors  thereof  res})ectively. 

Sec.  18.  If  this  constitution  be  adopted,  the  existing  constitution 
shall  cease  in  all  its  provisions  on  the  first  dav  of  November,  A.  D. 
1875. 

Sec.  19.  The  provisions  of  this  constitution  required  to  be  executed 
prior  to  the  adoption  or  rejection  thereof  shall  take  eft'ect  and  be  in 
force  immediately. 

Sec.  20.  The  legislature  shall  pass  all  laws  necessary  to  carry  into 
effect  the  provisions  of  this  constitution. 

Sec.  21.  On  the  taking  ell'ect  of  this  constitution,  all  State  officers 
hereby  continued  in  office  shall,  before  proceeding  in  the  further  dis- 


2388  Nebraska— 1875 

charge  of  their  duties,  take  an  oath  or  affirmation  to  support  this 
constitution. 

Sec.  22.  The  regents  of  the  university  shall  be  elected  at  the  first 
general  election  under  this  constitution,  and  be  classified  by  lot  so 
that  two  shall  hold  their  offices  for  the  term  of  two  years,  two  for  the 
term  of  four  years,  and  two  for  the  term  of  six  years. 

Sec.  23.  The  present  executive  State  officers  shall  continue  in  office 
until  the  executive  State  officers  pi-ovided  for  in  this  constitution 
shall  be  elected  and  qualified. 

Sec.  24.  The  returns  of  the  whole  vote  cast  for  the  judges  of  the 
supreme  and  district  courts,  district  attorneys,  and  regents  of  the 
university,  under  the  first  general  election,  shall  be  made  by  the 
several  county  clerks  to  the  secretary  of  state  within  fourteen  days 
after  the  election;  and  the  returns  of  the  said  votes  shall,  within 
three  daj^s  thereafter,  be  examined  and  canvassed  by  the  governor, 
secretary  of  state,  and  the  president  of  this  convention,  or  any  two  of 
them,  and  certificates  of  election  shall  forthwith  be  issued  by  the 
secretary  of  state  to  the  persons  found  to  be  elected. 

Sec.  25.  The  auditor  shall  draw  the  warrants  of  the  State  quarterly 
for  the  paj^nent  of  the  salaries  of  all  officers  under  this  constitution, 
whose  compensation  is  not  otherwise  provided  for,  which  shall  be 
paid  out  of  any  funds  not  otherwise  appropriated. 

Sec.  26.  Until  otherwise  provided  by  law,  the  judges  of  the  district 
courts  shall  fix  the  time  of  holding  courts  in  their  respective  districts. 

Sec.  27.  The  members  of  the  first  legislature  under  this  constitution 
shall  be  elected  in  the  year  1876. 

Sec.  28.  This  constitution  shall  be  enrolled  and  deposited  in  the 
office  of  the  secretary  of  state,  and  printed  copies  thereof  shall  be 
prefixed  to  the  books  containing  the  laws  of  the  State,  and  all  future 
editions  thereof. 

Propositions  Separately  Submitted 

allowing  electors  to  express  their  preference  for  united  states 

SENATOR 

The  legislature  may  provide  that  at  the  general  election  immedi- 
atel}^  preceding  the  expiration  of  the  term  of  a  United  States  Senator 
from  this  State,  the  electors  may,  by  ballot,  express  their  preference 
for  some  person  for  the  office  of  United  States  Senator.  The  votes 
cast  for  such  candidates  shall  be  canvassed  and  returned  in  the  same 
manner  as  for  State  officers. 

SEAT   or    GOATERNMENT 

The  seat  of  government  of  the  State  shall  not  be  removed  or  relo- 
cated without  the  assent  of  a  majority  of  the  electors  of  the  State, 
voting  thereupon  at  a  general  election  or  elections,  under  such  rules 
and  regulations  as  to  the  number  of  elections  and  manner  of  voting, 
and  places  to  be  voted  for.  as  may  be  prescribed  by  law:  Provided, 
The  question  of  removal  may  be  submitted  at  such  other  general 
elections  as  may  be  provided  by  law. 

Done  in  convention  at  the  capitol  in  the  city  of  Lincoln,  on  the 
twelfth  day  of  June,  in  the  year  of  our  Lord  one  thousand  eight 


Nebraska— 1875  2389 

hundred  and  seventy-five,  and  of  the  Independence  of  the  United 
States  of  America  the  ninety-nintli. 

In  witness  whereof  we  have  hereunto  subscribed  our  names. 

John  Lee  Webster,  President. 
Attest : 

Guy  a.  Brown,  Secretary. 

C.  L.  Mather,  Assistant  Secretary. 


AMENDMENT 

Article  III 

Sec.  4.  The  terms  of  office  of  members  of  the  legislature  shall  be 
two  years,  and  they  shall  each  receive  pay  at  the  rate  of  five  dollars 
per  day  during  their  sitting,  and  ten  cents  for  every  mile  the}^  shall 
travel  in  going  to  and  returning  from  the  place  of  meeting  of  the 
legislature,  on  the  most  usual  route;  P7'ovicled,  however,  That  they 
shall  not  receive  pay  for  more  than  sixty  days  at  any  one  sitting, 
nor  more  than  one  hundred  days  during  their  term.  That  neither 
members  of  the  legislature  nor  employes  shall  receive  any  pay  or 
perquisites  other  than  their  salary  and  mileage.  Each  session,  except 
special  sessions,  shall  not  be  less  than  sixty  days.  xVfter  the  expira- 
tion of  forty  days  of  the  session  no  bills  nor  joint  resolutions  of  the 
nature  of  bills  shall  be  introduced,  unless  the  governor  shall  by  special 
message  call  the  attention  of  the  legislature  to  the  necessit}'^  of  passing 
a  law  on  the  subject  matter  embraced  in  the  message,  and  the  intro- 
duction of  bills  shall  be  restricted  thereto.  [As  amended  at  election  in 
November,  188G.     Laws,  1887,  chap.  2.] 


NEVADA 


For  organic  acts  relating  to  Nevada  in  other  parts  of  this  work  see ; 
Treaty  of  Guadalupe  Hidalgo,  1848  (California,  p.  377). 
Territory  of  Utah,  1850  (Utah,  p.  3687). 


THE  TERRITORY  OF  NEVADA— 1861 « 

[Thirty-sixth  Congress,  Second  Session] 
An  Act  to  organize  the  Territory  of  Nevada 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  ^>tates  of  America  in  Congress  asse?nhled,  That  all  that  part 
of  the  territory  of  the  United  States,  included  within  the  following 
limits,  to  wit:  Beginning  at  the  point  of  intersection  of  the  forty- 
second  degree  of  north  latitude  with  the  thirty-ninth  degree  of  longi- 
tude west  from  "Washington  ;  thence  running  south  on  the  line  of  said 
thirty-ninth  degree  of  west  longitude,  until  it  intersects  the  northern 
boundary-line  of  the  Territory  of  New  Mexico;  thence  due  west  to 
the  dividing  ridge,  separating  the  waters  of  Carson  Valley  from  those 
that  flow  into  the  Pacific;  thence  (m  said  dividing  ridge  northwardly 
to  the  forty-first  degree  of  north  latitude;  thence  due  north  to  the 
southern  boundarydine  of  the  State  of  Oregon;  thence  due  east  to 
the  place  of  beginning,  be,  and  the  same  is  hereby,  erected  into  a 
temporary  government  by  the  name  of  the  Territory  of  Nevada:  Pro- 
t'idcd,  That  so  much  of  the  territory  wdthin  the  present  limits  of  the 
State  of  California  shall  not  be  inchided  within  this  Territory  until 
the  State  of  California  shall  assent  to  the  same  by  an  act  irrevocable 
without  the  consent  of  the  United  States:  Prodded  further.  That 
nothing  in  this  act  contained  shall  be  construed  to  impair  the  rights  of 
person  or  proj)ert3'^  now  pertaining  to  the  Indians  in  said  Territory, 
so  long  as  such  rights  shall  remain  miextinguished  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  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  Nevada, 
until  said  tribe  shall  signify  their  assent  to  the  President  of  the 
United  States  to  be  included  within  the  said  Territory,  or  to  affect 
the  authority  of  the  Government  of  the  United  States  to  make  any 

"  For  other  statutes  of  an  organic  nature  relating  to  Nevada  see  the  act  to 
prohihit  slavery  in,  .Tunc  li),  1S(!2;  to  extend  the  iiinits  of.  July  14.  18<>2 ;  to 
disapprove  of  a  Territorial  act  regulating  corporations,  March  3,  18G3;  to  extend 
the  boundaries  of  the  State,  May  5,  ISGO. 

2391 


2392  Nevada— 1861 

regulations  respecting  such  Indians,  their  Lands,  property,  or  other 
rights,  by  treaty,  hnv,  or  otherwise,  which  it  would  have  been  compe- 
tent for  the  Government  to  make  if  this  act  had  never  passed:  Pro- 
vided further,  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  attach- 
ing any  portion  thereof  to  any  other  Territory  or  State." 

Sec.  2.  And  he  it  further  enacted,  That  the  executive  power  and 
authority  in  and  over  said  Territory  of  Nevada  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  Territory,  shall  be  commander-in-chief  of  the  militia  thereof, 
shall  ])erform  the  duties  and  receive  the  emoluments  of  superintendent 
of  Indian  affairs,  and  shall  apjDrove  all  laws  passed  by  the  legislative 
assembly  before  they  shall  take  effect;  he  may  grants  pardons  for 
offences  against  the  laAvs  of  said  Territory,  and  reprieves  for  offences 
against  the  laws  of  the  United  States  until  the  decision  of  the  Presi- 
dent can  be  made  known  thereon ;  he  shall  commission  all  officers  who 
shall  be  appointed  to  office  under  the  laws  of  said  Territory,  and  shall 
take  care  that  the  laws  be  faithfully  executed. 

Sec.  3.  A7id  he  it  fu7'ther  enacted-.  That  there  shall  be  a  secretary  of 
said  Territory,  who  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  pro- 
ceedings of  the  governor  in  his  executive  department ;  he  shall  trans- 
mit one  copy  of  the  laws  and  one  copy  of  the  executive  proceedings, 
on  or  before  the  first  day  of  December  in  each  year,  to  the  President 
of  the  United  States,  and  at  the  same  time  two  copies  of  the  laws  to 
the  Speaker  of  the  House  of  Representatives  and  the  President  of  the 
Senate,  for  the  use  of  Congress ;  and  in  case  of  the  death,  removal,  or 
resignation,  or  other  necessary  absence  of  the  governor  from  the  Ter- 
ritory, the  secretary  shall  have,  and  he  is  hereby  authorized  and 
required  to  execute  and  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.  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  representatives.  The  council  shall  consist  of 
nine  members,  which  may  be  increased  to  thirteen,  having  the  quali- 
fications of  voters  as  hereinafter  prescribed,  whose  term  of  service 
shall  continue  two  years.  The  house  of  re]3resentatives  shall  consist 
of  thirteen  members,  which  may  be  increased  to  twenty-six,  possessing 
the  same  qualifications  as  prescribed  for  members  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  coun- 

o  The  State  of  California  not  having  given  its  consent  to  the  incorporation  of 
a  portion  of  its  area  into  the  limits  of  the  Territory  of  Nevada,  as  was  proposed 
in  the  first  section  of  this  act.  Congress  on  the  14th  of  July,  1862,  extended  the 
eastern  boundary  of  the  Territory  to  the  thirty-eighth  degree  west  from  Wash- 
ington. 


Nevada— 1861  2393 

ties  or  districts  for  the  election  of  the  council  and  house  of  representa- 
tives, giving  to  each  section  of  the  Territory  representation  in  the 
ratio  of  its  population,  (Indians  excepted)  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  for  which  they  may  be 
elected  respectively.  Previous  to  the  first  election,  the  governor  shall 
cause  a  census  or  enumeration  of  the  inhabitants  of  the  several 
counties  and  districts  of  the  Territory  to  be  taken;  and  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  he  shall 
at  the  same  time  declare  the  numl)er  of  the  members  of  the  council 
and  house  of  representatives  to  which  each  of  the  counties  or  districts 
shall  be  entitled  under  this  act.  The  number  of  ])ersons  authorized 
to  be  elected  having  the  highest  number  of  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  person  or  persons 
authorized  to  be  elected  having  the  greatest  number  of  votes  for  the 
house  of  representatives,  equal  to  the  number  to  which  each  county 
or  district  shall  be  entitled,  shall  be  declared  by  the  governor  to  be 
elected  members  of  the  house  of  representatives:  Provided.,  That  in 
case  of  a  tie  between  two  or  more  persons  voted  for,  the  governor  shall 
order  a  new  election  to  supi)ly  the  vacancy  made  by  such  tie.  And 
the  persons  thus  elected  to  the  legislative  assembly  shall  meet  at  such 
]:)lace  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  coimcil  and  house  of  representatives, 
according  to  the  population,  shall  be  prescribed  by  law,  as  well  as  the 
day  of  the  commencement  of  the  regular  sessions  of  the  legislative 
assembly:  Provided.,  That  no  one  session  shall  exceed  the  term  of 
forty  days,  except  the  first,  which  may  be  extended  to  sixty  da3's,  but 
no  longer. 

Spx'.  5.  And  he  it  further  enacted.,  That  every  free  white  male 
inhabitant  of  the  United  States  above  the  age  of  twenty-one  years, 
who  shall  have  been  a  resident  of  said  Territory  at  the  time  of  the 
passage  of  this  act,  shall  be  entitled  to  vote  at  the  first  election,  and 
shall  be  eligible  to  any  office  within  the  said  Territory'-:  but  the 
qualifications  of  voters  and  of  holding  office  at  all  subsequent  elec- 
tions shall  be  such  as  shall  be  prescribed  l)v  the  legislative  assemblv: 
Provided.,  That  the  right  of  suft'rage  and  of  holding  office  shall  ha. 
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. 

Sec.  6.  And  he  it  further  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  tliis 
act;  but  no  law  shall  be  passed  intei-fering  with  the  i)rimary  disposal 
of  the  soil ;  no  tax  shall  be  imposed  upon  the  property  of  the  TTnited 
States;  nor  shall  the  lands  or  other  ])roperty  of  non-residents  be 
taxed  higher  than  the  lands  or  other  property  of  residents;  nor  shall 
any  law  be  passed  inpairing  the  rights  of  private  property;  nor  shall 
any  discrimination  be  made  in  taxing  different  kinds  or  property; 
but  all  property  subject  to  taxation  shall  be  in  proportion  to  the 
value  of  the  property  taxed. 


2394  Nevada— 1861 

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.  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 
districts  for  members  of  the  council  and  house  of  representatives, 
and  all  other  officers. 

Sec.  8.  Avid  be  it  furtlier  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  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; 
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.  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  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  govern- 
ment of  said  Territory  annually,  and  they  shall  hold  their  offices 
during  the  period  of  four  years.  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 
time  and  place  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  the  justices  of  the  jDeace,  shall  be  as  limited  by 
law:  Provided,  That  justices  of  the  peace  shall  not  have  jurisdiction 
of  any  matter  in  controversy  when  the  title  of  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-la av  jurisdic- 
tion ;  and  authority  for  redress  of  all  wrongs  committed  against  the 
Constitution  or  laws  of  the  United  States,  or  of  the  Territory,  affect- 
ing persons  or  property.  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.  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  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  Supreme  Court  of  the  United 
States,  in  the  same  manner  and  under  the  same  regulations  as  from  the 


Nevada— 1861  2395 

circuit  courts  of  the  United  States,  where  the  vahie  of  the  property, 
or  the  amount  in  controversy,  to  be  ascertained  by  the  oath  or  affirma- 
tion of  either  party,  or  other  competent  witness,  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  Consti- 
tution and  laws  of  the  United  States  as  is  vested  in  the  circuit  and 
district  courts  of  the  United  States;  and  the  said  supreme  and  dis- 
trict 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  grantable  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  shall  be  necessary,  shall  be  appropriated  to  the 
trial  of  causes  arising  under  the  said  Constitution  and  laws;  and 
writs  of  error  and  appeals  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.  A7id  he  it  further  enacted.,  That  there  shall  be  appointed 
an  attorney  for  said  Territory,  who  shall  continue  in  office  for  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  Utah.  There  shall  also  be  a  marshal  for  the 
Territory  ajjpointed,  who  shall  hold  his  office  for  four  years,  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  regulations  and  penalties,  and  be 
entitled  to  the  same  fees  as  the  marshal  of  the  district  court  of  the 
JJnited  States  for  the  present  Territory  of  Utah,  and  shall,  in  addi- 
tion, be  paid  two  hundred  dollars  annually  as  a  compensation  for 
extra  services. 

vSec.  11.  And  he  it  f^irther  enacted..  That  the  governor,  secretary, 
ciiief  justice,  and  associate  justices,  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 
seci-etary  to  be  appointed  as  aforesaid  shall,  before  they  act  as  such, 
respectively  take  an  oath  or  aflirmation  before  the  district  judge  or 
some  justice  of  the  ]:)eace  in  the  limits  of  said  Territory,  duly  author- 
ized to  admiriistcr  oaths  and  affirmations  by  the  laws  uoav  in  force 
therein,  or  befoi'c^  the  Chief  Justice  or  some  associate  jn^tici^  of  the 
Sui)reme  Court  of  the  United  States,  to  support  the  Constitution  of 
the  United  States,  and  faitlifully  to  discharge  the  duties  of  their  re- 
spective offices;  which  said  oaths,  when  so  taken,  shall  be  certified  by 
the  ]:)erson  by  whom  the  same  shall  have  been  taken,  and  such  certifi- 
cates shall  be  received  and  recorded  by  the  secretary  among  the  execu- 
tive 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  secretary,  or 
some  judge  or  justice  of  the  jieace  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  afterward  the  like  oath 
or  affirmation  shall  be  taken,  certified,  and  recorded  in  such  manner 


2396  Nevada— 1861 

and  form  as  may  be  prescribed  by  law.  The  governor  shall  receive 
an  annual  salary  of  fifteen  hundred  dollars  as  governor,  and  one 
thousand  dollars  as  superintendent  of  Indian  aifairs;  the  chief  justice 
and  associate  justices  shall  each  receive  an  annual  salary  of  eighteen 
hundred  dollars ;  the  secretary  shall  receive  an  annual  salary  of  eight- 
een 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  session  thereof,  and  three  dollars  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  one  thousand  dollars,  to  be 
expended  by  the  governor  to  defra}^  the  contingent  expenses  of  the 
Territory.  There  shall  also  be  appropriated  annually  a  sufficient  sum 
to  be  expended  by  the  secretary  of  the  Territory,  and  upon  an  esti- 
mate to  be  made  by  the  Secretary  of  the  Treasury  of  the  United 
States,  to  defray  the  expenses  of  the  legislative  assembh%  the  printing 
of  the  laws,  and  other  incidental  expenses;  and  the  secretarj'  of  the 
Territory  shall  annually  account  to  the  Secretary  of  the  Treasury  of 
the  United  States  for  the  manner  in  which  the  aforesaid  sum  shall 
have  been  expended. 

Sec.  12.  And  be  it  further  enacted.,  That  the  legislative  assembly 
of  the  Territory  of  Nevada  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;  which  place,  however,  shall 
thereafter  be  subject  to  be  changed  by  the  said  governor  and  legis- 
lative assembly. 

Sec.  13.  And  he  it  further  enacted.^  That  a  Delegate  to  the  House 
of  Kepresentatives  of  the  United  States,  to  serve  during  each  Con- 
gress of  the  United  States,  may  be  elected  hj  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  Dele- 
gates from  the  several  other  Territories  of  the  United  States,  to  the 
said  House  of  Representatives.  The  first  election  shall  be  held  at 
such  time  and  places,  and  be  conducted  in  such  manner,  as  the  go\- 
ernor  shall  appoint  and  direct:  and  at  all  subsequent  elections,  the 
times,  places,  and  manner  of  holding  elections  shall  be  prescribed  by 
law.  The  person  having  the  greatest  number  of  votes  shall  be  de- 
clared by  the  governor  to  be  duly  elected,  and  a  certificate  thereof 
shall  be  given  accordingly. 

Sec.  14.  And  he  it  further  enacted.,  That  when  the  land  in  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  be,  and  the  same  is  hereby,  reserved  for  the  purpose  of 
being  applied  to  schools  in  the  States  hereafter  to  be  erected  out  of 
the  same. 

Sec.  15.  And  he  it  further  enacted.  That  temporaril}',  and  until 
otherwise  provided  by  law,  the  governor  of  said  Territory  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 


Nevada— 1864  2397 

appoint  the  times  and  places  for  hoklino'  courts  in  the  several  counties 
or  subdivisions  in  each  of  said  judicial  districts,  by  proclamation  to  be 
issued  by  him ;  but  the  legislative  assembl^y,  at  their  first  or  any  sub- 
sequent session,  ma}'  organize,  alter,  or  modify  such  judicial  districts, 
&nd  assign  the  judges,  and  alter  the  times  and  places  of  holding  the 
courts,  as  to  them  shall  seem  proper  and  convenient. 

Sec.  1G.  And  he  it  further  enacted,  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  Nevada  as 
elsewhere  within  the  United  States. 

Sec.  17.  And  he  if  further  enacted,  That  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate, 
shall  be,  and  he  is  hereb}^,  authorized  to  appoint  a  surveyor-general 
for  Nevada,  who  shall  locate  his  office  at  such  place  as  the  Secretary 
of  the  Interior  shall  from  time  to  time  direct,  and  whose  duties, 
powers,  obligations,  responsibilities,  compensation,  and  allowances 
for  clerk  hire,  office  rent,  fuel,  and  incidental  expenses  shall  be  the 
same  as  those  of  the  surveyor-general  of  New  Mexico,  under  the  direc- 
tion of  the  Secretary  of  the  Interior,  and  such  instructions  as  he  may 
from  time  to  time  deem  it  advisable  to  give  him. 

Approved,  March  2,  1861. 


ENABLING  ACT  FOR  NEVADA— 1864  «  . 

[TlIlKTV-EIGHTII    CONGKESS,    FlKST    Sl•:SS10^'] 

All  Act  to  enable  the  people  of  Nevada  to  form  a  constitutiou  and  State  gov- 
ernment, and  for  the  admission  of  sueli  State  into  the  Union  on  an  ecpial  foot- 
ing with  the  original  States. 

Be  it  enacted  hy  the  Senate  and  House  of  Reprcf^entatirc^  of  the 
United  States  of  America  in  Congress  assemhled,  That  the  inhabi- 
tants of  that  portion  of  the  Territory  of  Nevada  included  in  the 
boundaries  hereinafter  designated  be,  and  they  are  hereby,  authorized 
to  form  for  themselves,  out  of  said  Territory,  a  State  government, 
with  the  name  aforesaid,  which  said  State,  when  formed,  sliall  be 
admitted  into  the  Union  upon  an  equal  footing  with  the  original 
States  in  all  respects  whatsoever. 

Sec.  2.  And  he  it  further  enacted,  That  the  said  State  of  Nevada 
shall  consist  of  all  the  territory  included  within  the  following  bound- 
aries, to  wit:  Connnencing  at  a  point  formed  by  the  intersection  of 
the  thirty-eighth  degree  of  longitude  west  from  Washington  with  the 
thirty-seventh  degree  of  north  latitude;  thenee  i\\\(^  west  ahmg  said 
thirty-seventh  degree  of  north  latitude  to  the  eastern  bounchiry-line 
of  the  State  of  California:  thence  in  a  northwesterly  direction,  along 
the  said  eastern  boundary-line  of  the  State  of  California,  to  the  forty- 
third  degree  of  longitude  Avest  from  AVashington;  thence  north  along 
said  forty-third  degree  of  west  longitude  and  said  eastern  boundary- 
line  of  the  State  of  California  to  the  forty-second  degree  of  north 

iThis  act  was  so  amended  hy  an  act  of  Congress  approved  May  21,  1S04,  as 
to  provide  for  submitting  the  constitution  of  Nevada  to  the  jjeoplc  on  the  first 
Wednesday  of  September,  instead  of  the  second  Tuesday  of  October  following. 
Additions  were  made  to  tiie  area  of  Nevada,  as  described  in  this  act,  by  an  act 
of  Congress  approved  May  5,  1866. 


2398  Nevada— 1864 

latitude;  thence  clue  east  alon^  the  said  forty-second  degree  of  north 
latitude  to  a  point  formed  by  its  intersection  with  the  aforesaid 
thirty-eighth  degree  of  longitude  west  from  Washington ;  thence  due 
south  down  said  thirty-eighth  degree  of  west  longitude  to  the  place  of 
beginning. 

Sec.  3.  And  he  it  further  enacted^  That  all  persons  qualified  by  law 
to  vote  for  representatives  to  the  general  assembly  of  said  Territory, 
at  the  date  of  the  passage  of  this  act,  shall  be  qualified  to  be  elected, 
and  they  are  authorized  to  vote  for  and  choose  representatives  to  form 
a  convention,  under  such  rules  and  regulations  as  the  governor  of  said 
Territory  may  prescribe,  and  also  to  vote  upon  the  acceptance  or  rejec- 
tion of  such  constitution  as  may  be  formed  by  said  convention,  under 
such  rules  and  regulations  as  the  said  convention  may  prescribe;  and 
if  any  of  said  citizens  are  enlisted  in  the  Army  of  the  United  States, 
and  are  still  within  said  Territory,  they  shall  be  permitted  to  vote  at 
their  place  of  rendezvous,  and  if  am^  are  absent  from  said  Territory, 
by  reason  of  their  enlistment  in  the  Army  of  the  United  States,  they 
shall  be  permitted  to  vote  at  their  place  of  service,  under  the  rules 
and  regulations  in  each  case  to  be  prescribed  as  aforesaid,  and  the 
aforesaid  representatives  to  form  the  aforesaid  convention  shall  be 
apportioned  among  the  several  counties  in  said  Territory  in  propor- 
tion to  the  population,  as  near  as  may  be,  and  said  apportionment 
shall  be  made  for  said  Territory  by  the  governor,  United  States  dis- 
trict attorney,  and  chief  justice  thereof,  or  any  two  of  them,  and  the 
governor  of  said  Territory  shall,  by  proclamation,  on  or  before  the 
first  Monday  of  May  next,  order  an  election  of  the  representatives  as 
aforesaid  to  be  held  on  the  first  Monday  in  June  thereafter  through- 
out the  Territory,  and  sucli  election  shall  be  conducted  in  the  same 
manner  as  is  prescribed  by  the  laws  of  said  Territory  regulating  elec- 
tions therein  for  members  of  the  house  of  representatives,  and  the 
number  of  members  to  said  convention  shall  be  the  same  as  now  con- 
stitute both  branches  of  the  legislature  of  the  aforesaid  Territory. 

Sec.  4.  And  he  it  further  enacted.  That  the  members  of  the  con- 
vention, thus  elected,  shall  meet  at  the  capital  of  said  Territory  on 
the  first  Monday  in  July  next,  and,  after  organization,  shall  declare, 
on  behalf  of  the^  people  of  said  Territory,  that  they  adopt  the  Consti- 
tution of  the  United  States.  Whereupon  the  said  convention  shall 
be,  and  it  is  hereby,  authorized  to  form  a  constitution  and  State  gov- 
ernment for  said  Territory:  Provided,  That  the  constitution,  Avhen 
formed,  shall  be  republican,  and  not  repugnant  to  the  Constitution 
of  the  United  States  and  the  principles  of  the  Declaration  of  Inde- 
pendence: And  provided  further.  That  said  convention  shall  provide, 
by  an  ordinance  irrevocable,  without  the  consent  of  the  United  States 
and  the  j^eople  of  said  State — 

First.  That  there  shall  be  neither  slavery  nor  involuntary  servitude 
in  the  said  State,  otherwise  than  in  the  punishment  of  crimes,  whereof 
the  party  shall  have  been  duly  convicted. 

Second.  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. 

Third.  That  the  people  inhabiting  said  Territory  do  agree  and 
declare  that  they  forever  disclaim  all  right  and  title  to  the  unappro- 
priated public  lands  lying  within  said  Territory,  and  that  the  same 
shall  be  and  remain  at  the  sole  and  entire  disposition  of  the  United 


Nevada— 1861^  2399 

States,  and  that  the  hinds  helonaina"  to  citizens  of  the  United  States 
residin^j;  witliout  the  said  State  shall  never  be  taxed  higher  than  the 
hind  belongino-  to  the  residents  thereof,  and  that  no  taxes  shall  be 
imposed  by  said  State  on  lands  or  property  therein  belonging  to,  or 
which  may  hereafter  be  purchased  by.  the  United  States, 

Sec.  5.  And  he  it  further  eiiacted^  That  in  case  a  constitution  and 
State  government  shall  be  formed  for  the  people  of  said  Territory  of 
Nevada,  in  compliance  with  the  ^^rovisions  of  this  act.  tJiat  said  con- 
vention forming  the  same  shall  provide  by  ordinance  for  submitting 
said  constitution  to  the  people  of  said  State  for  their  ratification  or 
rejection  at  an  election  to  be  held  on  the  second  Tuesday  of  October, 
one  thousand  eight  hundred  and  sixty-four,  at  such  places  and  under 
such  regulations  as  may  be  prescribed  therein,  at  which  election  the 
lawful  voters  of  said  new  State  shall  vote  directly  for  or  against  the 
proposed  constitution,  and  the  returns  of  said  election  shall  be  nuidc 
to  the  acting  governor  of  the  Territory,  who,  with  the  United  States 
district  attorney  and  chief  justice  of  said  Territory,  or  any  two  of 
them,  shall  canvass  the  same,  and  if  a  majority  of  legal  votes  shall 
be  cast  for  said  constitution  in  said  proposed  State,  the  said  acting 
governor  shall  certify  the  same  to  the  President  of  the  United  States, 
together  with  a  copy  of  said  constitution  and  ordinances;  whereupon 
it  shall  be  the  duty  of  the  President  of  the  United  States  to  issue  his 
proclamation  declaring  the  State  admitted  into  the  ITnion  on  an  ecpial 
footing  with  the  original  States,  without  any  further  action  whatever 
on  the  part  of  Congress.  ■ 

Sec.  G.  And  he  it  furtlier  e)ia<ted^  That  until  the  next  general 
census  shall  be  taken  said  State  of  Nevada  shall  be  entitled  to  one 
Representative  in  the  House  of  Representatives  of  the  United  States, 
Avhich  Representative,  together  Avith  the  governor  and  State  and  other 
officers  provided  for  in  said  constitution,  may  be  elected  on  the  same 
day  a  vote  is  taken  for  or  against  the  proposed  constitution  and  State 
government. 

Sec.  7.  And  he  it  furtlier  enacted^  That  sections  numbers  sixteen 
and  thirty-six  in  every  township,  and  where  such  sections  liaAc  been 
sold  or  otherwise  disposed  of  by  any  act  of  Congress,  other  lands, 
equivalent  thereto,  in  legal  subdivisions  of  not  less  than  one  (juarter- 
section,  and  as  contiguous  as  may  be,  shall  be,  and  are  hereby,  granted 
to  said  State  for  the  support  of  connnon  schools. 

Sec.  8.  And  he  it  further  enaeted.  That  provided  the  State  of  Nevada 
shall  be  admitted  into  the  Union,  in  accordance  with  the  foregoing  pro- 
visions of  this  act,  tJidt  twenty  entire  sections  of  the  una|)i)ropriated 
public  lands  within  said  State,  to  be  selected  and  located  by  direction 
of  the  legislature  thereof,  on  or  before  the  hrst  day  of  flanuary.  anno 
Domini  eighteen  hundred  and  sixty-eight,  shall  be.  and  they  are 
hereby,  granted,  in  legal  subdivisions  of  not  less  than  one  hundred 
and  sixty  acres,  to  said  State,  for  the  purpose  of  erecting  public 
buildings  at  the  capital  of  said  State,  for  legislative  and  judicial  pur- 
poses, in.such  manner  as  the  legislature  shall  prescribe. 

Sec.  0.  And  he  it  further  enacted.  That  twenty  other  entire  sections 

of  land  as  aforesaid,  to  be  selected  and  located  a<  aforesaid,  in  legal 

subdivisions  as  aforesaid,  shall  be.  and  they  are  hei-eby.  granted  to 

said  State  for  the  i)urpose  of  erecting  a  suitable  building  for  a  peni- 

•tentiary  or  State  jn-ison  in  the  manner  aforesaid, 


2400  Nevada— 1864 

Sec.  10.  And  he  it  further  enacted^  That  five  per  centum  of  the  pro- 
ceeds of  the  sales  of  all  i^iiblic  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,  for  the  purpose  of  making  and 
improving  public  roads,  constructing  ditches  or  canals,  to  effect  a  gen- 
eral system  of  irrigation  of  the  agricultural  land  in  the  State,  as  the 
legislature  sliall  direct.- 

Sec.  11.  And  he  it  further  enacted^  That  from  and  after  the  admis- 
sion of  the  said  State  of  Nevada  into  the  Union,  in  pursuance  of  this 
act,  the  laws  of  the  United  States,  not  locally  inapplicable,  shall  have 
the  same  force  and  effect  within  the  said  State  as  elsewhere  witliin 
the  United  States,  and  said  State  shall  constitute  one  judicial  district, 
and  be  called  the  district  of  Nevada. 

Approved,  March  21,  1864. 


PROCLAMATION  ANNOUNCING  THE  ADMISSION  OF  NEVADA— 1864 

By  the  President  or  the  United  States  of  America 

A  PROCLAMATION 

"\ATiereas  the  congress  of  the  United  States  passed  an  act,  which 
was  approved  on  the  21st  day  of  March  last,  entitled  "An  act  to 
enable  the  people  of  Nevada  to  form  a  constitution  and  state  gov- 
ernment, and  for  the  admission  of  such  state  into  the  Union  on  an 
equal  footing  with  the  original  states;" 

And  whereas  the  said  constitution  and  state  government  have  been 
formed,  pursuant  to  the  conditions  prescribed  by  the  fifth  section  of 
the  act  of  congress  aforesaid,  and  the  certificate  required  by  the  said 
act,  and  also  a  copy  of  the  constitution  and  ordinances,  have  been 
submitted  to  the  President  of  the  United  States  : 

Now,  therefore,  be  it  known,  that  I,  Abraha:m  Lincoln,  President 
of  the  United  States,  in  accordance  Avith  the  duty  imposed  upon  me 
by  the  act  of  congress  aforesaid,  do  hereby  declare  and  proclaim  that 
the  said  State  of  Nevada  is  admitted  into  the  Union  on  an  equal  foot- 
ing with  the  original  states. 

In  witness  whereof.  I  have  hereunto  set  my  hand,  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  cit}'  of  Washington  this  thirty-first  day  of  October,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
[l.  s.]     four,  and   of  the   Independence   of  the  United   States,  the 
eighty-ninth. 

Abraham  Lincoln. 

By  the  President : 

WilliajNi  IT.  Seward, 

Secretary  of  State. 


Nevada— 1864  2401 

CONSTITUTION  OF  THE  STATE  OF  NEVADA— 1864  * « 

PRELIMINARY  ACTION 

1.  Whereas,  The  Act  of  Congress,  approved  March  twenty-first. 
A.  D.  eighteen  hundred  and  sixty-four.  "  To  enable  tlie  people  of  the 
Territory  of  Nevada  to  form  a  Constitution  and  State  (Tovernnient, 
and  for  the  admission  of  such  State  into  the  Union  on  an  ecpial  foot- 
ing with  the  original  States,"  requires  that  the  members  of  the  Con- 
vention for  framing  said  Constitution  shall,  after  organization,  on 
behalf  of  the  people  of  said  Territory,  adopt  the  Constitution  of  the 
United  States;  therefore  be  it 

2.  Resolved^  That  the  members  of  this  Convention,  elected  by  the 
authority  of  the  aforesaid  enabling  Act  of  Congress,  as  assembled 
in  Carson  City,  the  Capital  of  said  Territory  of  Nevada,  and  inune- 
diately  subsequent  to  its  organization,  do  adopt,  on  behalf  of  the  peo- 
ple of  said  Territory,  the  Constitution  of  the  United  States. 

ordinance 

8,  In  obedience  to  the  requirements  of  an  Act  of  the  Congr«^s  of 
the  United  States,  approved  March  twenty-first.  A.  D.  eighteen  hun- 
dred and  sixty-four,  to  enable  the  people  of  Nevada  to  form  a  Consti- 
tution and  State  Government,  this  Convention,  elected  and  convened 
in  obedience  to  said  enabling  Act,  do  ordain  as  follows,  and  this 
ordinance  shall  be  irrevocable,  without  the  consent  of  the  United 
States  and  the  people  of  the  State  of  Nevada : 

First — That  there  shall  be  in  this  State  neither  slavery  nor  invol- 
untary servitude,  otherwise  than  in  the  punishment  for  crimes, 
whereof  the  party  shall  have  been  duly  convicted. 

Second — That  perfect  toleration  of  religious  sentiment  shall  be 
secured,  and  no  inhabitant  of  said  State  shall  ever  be  molested,  in 
l)erson  or  property,  on  account  of  his  or  her  mode  of  religious 
worship. 

Third — That  the  people  inhabiting  said  Territory  do  agree,  and 
declare,  that  they  forever  disclaim  all  right  and  title  to  the  unappro- 
])riated  public  lands  lying  within  said  Territory,  and  that  the  same 
shall  be  and  remain  at  the  sole  and  entire  disposition  of  the  United 


*  Vorified  from  "  T1r>  ('(institution  of  tlie  Rtnte  of  Xpvjida.  ;is  Aiiioii(lo<l  \\\\  to 
nnd  iiiciudinj;  Feliiuary  11,  1880.  ('onii)iled  by  Eugene  Howell.  Sccrctiu'y  of 
State,      ("arson   ("ity.    Nevada:    State   Printing   Otfite,    Andrew    Maute.    Superin- 


CEKTIFICATE 

State  of  Nevada,  Department  or  State,  .s-.s; 

I,  Eugene  Ilowell.  tlie  duly  elected,  (lualified  and  acting  Secretary  of  State  of 
the  State  of  Nevada,  do  hereby  ctM-iily  that  the  foregoing  is  a  true,  full  and 
correct  cojiy  of  the  existing  Constitution  of  the  State  of  Nevada,  as  tlie  same 
appears  in  the  enrolled  Acts  in  my  ollice. 

In  witness  whereof.  I  have  hereunto  set  my  hand  and  affixed  the  (ireat  Seal 
appears  in  the  enrolletl  Acts  in  my  otiice. 

[seal]  Eugene  IIowki.l.  Scrrctary  of  stulr. 

"As  amended  up  to  and  including  February  11,  1880. 

7253 — VOL  :?— 07 ;-.7 


2402  Nevada— 1864 

States;  and  that  lands  belonging  to  citizens  of  the  United  States, 
residing  Avithont  the  said  State,  shall  never  be  taxed  higher  than  the 
land  belonging  to  residents  thereof;  and  that  no  taxes  shall  be 
imposed  by  said  State  on  lands  or  property  therein  belonging  to,  or 
which  may  hereafter  be  purchased  by,  the  United  States. 

PREAMBLE 

4.  We,  the  people  of  the  State  of  Nevada,  grateful  to  Almighty 
God  for  our  freedom,  in  order  to  secure  its  blessings,  insure  domestic 
tranquility,  and  form  a  more  perfect  government,  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  those  of  enjoying  and  defending 
life  and  liberty ;  acquiring,  possessing  and  protecting  property,  and 
pursuing  and  obtaining  safety  and  happiness. 

Sec.  2.  All  political  power  is  inherent  in  the  people.  Government 
is  instituted  for  the  protection,  security,  and  benefit  of  the  j^eople ; 
and  tliey  have  the  right  to  alter  or  reform  the  same  whenever  the 
public  good  may  require  it.  But  the  paramount  allegiance  of  every 
citizen  is  due  to  the  Federal  Government,  in  the  exercise  of  all  its 
constitutional  powers,  as  the  same  have  been,  or  ma}"  be,  defined  by  the 
Supreme  Court  of  the  United  States,  and  no  power  exists  in  the 
people  of  this  or  any  other  State  of  the  Federal  Union  to  dissolve 
their  connection  therewith,  or  perform  any  act  tending  to  impair, 
subvert,  or  resist  the  supreme  authority  of  the  Government  of  the 
United  States.  The  Constitution  of  the  United  States  confers  full 
power  on  the  Federal  Government  to  maintain  and  perpetuate  its 
existence,  and  whensoever  any  portion  of  the  States,  or  people  thereof, 
attempt  to  secede  from  the  Federal  Union,  or  forcibly  resist  the  exe- 
cution of  its  laws,  the  Federal  Government  may.  by  warrant  of  the 
Constitution,  employ  armed  force  in  compelling  obedience  to  its 
authority. 

Sec.  3.  The  right  of  trial  by  jury  shall  be  secured  to  all,  and  remain 
inviolate  forever;  but  a  jury  trial  may  be  waived  by  the  parties  in 
all  civil  cases,  in  the  manner  to  be  prescribed  by  law ;  and  in  civil 
cases,  if  three-fourths  of  the  jurors  agree  upon  a  verdict,  it  shall 
stand  and  have  the  same  force  and  effect  as  a  verdict  by  the  whole 
jury;  pt'ocided,  the  Legislature,  bj^  a  law  passed  by  a  tAvo-thirds  vote 
of  all  the  members  elected  to  each  branch  thereof,  may  require  a 
unanimous  verdict,  notwithstanding  this  provision. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination  or  preference,  shall  forever  be  al- 
lowed in  this  State;  and  no  person  shall  be  rendered  incompetent  to 
be  a  witness  on  account  of  his  opinions  on  matters  of  his  religious 
belief ;  but  the  liberty  of  conscience  hereb}^  secured  shall  not  be  so  con- 
strued as  to  excuse  acts  of  licentiousness,  or  justify  practices  incon- 
sistent Avith  the  peace  or  safety  of  this  State. 

Sec.  o.  The  privileo-e  of  the  writ  of  hahea.s  corpus  shall  not  be  sus- 
pended, unless  when,  in  case  of  rebellion  or  invasion,  the  public  safety 
may  require  its  suspension. 


Nevada— 1864  2403 

Sec.  6.  Excessive  bail  shall  not  be  required,  nor  excessive  lines 
imposed;  nor  shall  cruel  or  unusual  punishments  be  inflicted;  nor 
shall  witnesses  be  unreasonably  detained. 

Sec.  T.  All  persons  shall  be  bailable  by  sufficient  sureties,  unless  for 
capital  offenses  when  the  proof  is  evident  or  the  jjresumption  <;reat. 

Sec.  8.  Xo  person  shall  be  tried  for  a  capital  or  other  infamous 
crime  (except  in  cases  of  impeachment,  and  in  cases  of  the  militia 
when  in  actual  service,  and  the  land  and  naval  forces  in  time  of  war, 
or  which  this  State  may  keep,  with  the  consent  of  ConaTess,  in  time 
of  peace,  and  in  cases  of  petit  larceny,  under  the  regulation  of  the 
Legislature),  except  on  presentment  or  indictment  of  a  grand  jury; 
and  in  any  trial  in  any  court  whatever  the  ]iarty  accused  shall  be 
allowed  to  appear  and  defend  in  person  and  with  counsel,  as  in  civil 
actions.  Xo  person  shall  be  subject  to  be  twice  put  in  jeopardy  for 
the  same  offense;  nor  shall  he  be  compelled  in  an}^  criminal  case,  to  be 
a  witness  against  himself;  nor  be  deprived  of  life,  liberty,  or  ])roperty, 
without  due  process  of  law;  nor  shall  private  property  be  taken  for 
jjublic  use  Avithout  just  compensation  having  been  first  made  or 
secured,  excei)t  in  cases  of  war,  riot,  fire,  or  great  public  peril,  in 
which  case  compensation  shall  be  afterAvard  made. 

Sec.  9.  Every  citizen  may  freely  speak,  write  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  right ; 
and  no  law  shall  be  passed  to  restrain  or  abrdige  the  liberty  of  speech 
or  of  the  press.  In  all  criminal  prosecutions  and  civil  actions  for 
libels  the  truth  may  be  given  in  evidence  to  the  jury,  and  if  it  shall 
ap])ear  to  the  jury  that  the  matter  charged  as  libelous  is  true,  and 
was  i)ublished  with  good  motives,  aiul  for  justifiable  ends,  the  party 
shall  be  acquitted  or  exonerated. 

Sec.  10.  The  people  shall  have  the  right  freely  to  assemble  together 
to  consult  for  the  common  good,  to  instruct  their  representatives,  and 
to  petition  the  Legislature  for  redress  of  grievances. 

Sec.  1L  The  military  shall  be  subordinate  to  the  civil  power.  Xo 
standing  army  shall  be  maintained  by  this  State  in  time  of  peace, 
and  in  time  of  Avar  no  appropriation  for  a  standing  army  shall  be  for 
a  longer  time  than  tAvo  years. 

Sec.  12.  Xo  soldier  shall,  in  time  of  peace,  be  <]uartered  in  any 
house  Avithout  (he  consent  of  the  OAvner.  nor  in  time  of  Avar,  except  in 
the  manner  to  be  prescribed  by  laAv. 

Si;r.  i;').  Tiei)resenta.tion  shall  l»e  apportioned  acc(»r<ling  (o  popu- 
lation. 

Sec.  14.  The  privilege  of  the  debtor  to  enjoy  the  necessai'v  com- 
forts of  life  shall  be  recognized  by  Avholesome  hnvs,  exempting  a  ica- 
sonable  amount  of  property  from  seizure  or  sale  for  j)aymenl  of  any 
debts  or  liabilities  hereafter  contracted;  and  (here  shall  he  no 
imi)risonment  for  debt,  excej)t  in  cases  of  fraud,  libel,  or  slander,  and 
no  person  shall  be  imprisoned  for  a  militia  fine  in  time  of  })eace. 

Sec.  15.  Xo  bill  of  attainder.  I'.r  jH>sf  facto  law,  or  law  impairing 
(he  obligation  of  contracts,  shall  cA'er  be  passed. 

Sec.  1(5.  Foreigners  Avho  are,  or  may  hereafter  become,  hi)na  p\lc 
residents  of  this  State,  shall  enjoA'  the  same  rights  in  respect  to  the 
jiossession,  enjoyment  and  inhei'itance  of  ]iroi)ei-ty  as  na(ive-born 
citizens. 

Sec.  17.  Xei(her  slavery  nor  involuntary  servitude,  unless  for  the 
]iunishmeiit  of  crimes,  shall  ever  be  tolerated  in  this  State. 


2404  Nevada— 1864 

Sec.  18.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  etfects  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  or  places  to  be  searched,  and  the  person  or  persons,  and  thing 
or  things  to  be  seized. 

Sec.  19.  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 
testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confession  in 
open  court. 

Sec.  20.  This  enumeration  of  rights  shall  not  be  construed  to 
impair  or  deny  others  retained  by  the  people. 

Article  II  ► 

RIGHT  OF  SUFFRAGE 

Section  1.  Every  male  citizen  of  the  United  States  (not  laboring 
under  the  disabilities  named  in  this  Constitution)  of  the  age  of 
twenty-one  years  and  upwards,  who  shall  have  actually,  and  not  con- 
structively, resided  in  the  State  six  months,  and  in  the  district  or 
county  thirty  days  next  preceding  any  election,  shall  be  entitled  to 
vote  for  all  officers  that  now  are  or  hereafter  may  be  elected  b}^  the  ])eo- 
ple;  and  upon  all  questions  submitted  to  the  electors  at  such  election; 
'provided^  that  no  person  who  has  been  or  may  be  convicted  of  treason 
or  felony  in  any  State  or  Territory  of  the  United  States,  unless 
restored  to  civil  rights,  and  no  person  who,  after  arriving  at  the  age 
of  eighteen  years,  shall  have  voluntarily  borne  arms  against  the 
United  States,  or  held  civil  or  military  office  under  the  so-called 
Confederate  States,  or  either  of  them,  unless  an  amnesty  be  granted 
to  such  by  the  Federal  Government,  and  no  idiot  or  insane  person, 
shall  be  entitled  to  the  privilege  of  an  elector. 

[Amended  by  striking  out  the  word  icliite  before  the  word  male.  Proposed 
and  passed  at  the  Eighth  Session  of  the  LegisUiture,  January  15,  1877,  Statutes 
of  1877,  page  213 ;  agreed  to  and  passed  at  the  Ninth  Session  of  the  Legislature, 
January  27,  1879,  Statutes  of  1879,  page  149,  and  approved  and  ratified  by  the 
people  at  the  general  election  of  1880.] 

Sec.  2.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to 
have  gained  or  last  a  residence  by  reason  of  his  presence  or  absence 
while  employed  in  the  service  of  the  United  States,  nor  while  engaged 
in  the  navigation  of  the  Avaters  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  at  any  public  prison. 

Sec.  3.  The  right  of  suffrage  shall  be  enjoyed  by  all  persons,  other- 
wise entitled  to  the  same,  who  may  be  in  the  militarj'  or  naval  service 
of  the  United  States;  provided,,  the  votes  so  cast  shall  be  made  to 
apply  to  the  county  and  township  of  which  said  voters  were  hona 
-fide  residents  at  the  time  of  their  enlistment;  and  provided  further,, 
that  the  payment  of  a  poll  tax  or  a  registration  of  such  voters  shall 
not  be  required  as  a  condition  to  the  right  of  voting.  Provision  shall 
be  made  by  law  regulating  the  manner  of  voting,  holding  elections, 
and  making  returns  of  such  elections,  wherein  other  provisions  are 
not  contained  in  this  Constitution. 


Nevada— 1864-  2405 

Sec.  4.  During  the  clay  on  which  any  general  election  shall  be  held 
in  this  State,  no  qualified  elector  shall  lie  arrested  by  virtue  of  any 
civil  process. 

Sec.  5.  All  elections  by  the  people  shall  be  by  ballot,  and  all  elec- 
tions by  the  Legislature,  or  by  either  branch  thereof,  shall  be  "  viva 
voceP 

Sec.  6.  Provision  shall  be  made  by  law  for  the  registration  of  the 
names  of  the  electors  within  the  counties  of  which  tliey  may  be  resi- 
dents, and  for  the  ascertainment,  by  pr()[)er  proofs,  of  the  persons  who 
shall  be  entitled  to  the  right  of  sulirage  as  hereby  established,  to 
preserve  the  purity  of  elections,  and  to  regulate  the  manner  of  hold- 
ing and  making  returns  of  the  same ;  and  the  Legislature  shall  have 
power  to  prescribe  by  law  any  other  or  further  rules  or  oaths  as 
maj^  be  deemed  necessary  as  a  test  of  electoral  qualifications. 

Sec.  7.  The  Legislature  shall  i)rovide  by  law  for  the  payment  of  an 
annual  poll  tax,  of  not  less  than  two  nor  exceeding  four  dollars,  from 
each  male  person  resident  in  the  State  between  the  ages  of  twenty- 
one  and  sixty  years  (uncivilized  American  Indians  excepted),  one- 
half  to  be  applied  for  State  and  one-half  for  county  purposes;  and 
the  Legislature  ma}',  in  its  discretion,  make  such  payment  a  condition 
to  the  right  of  voting. 

Sec.  8.  All  persons  qualified  by  law  to  vote  for  representatives  to 
the  General  Assembly  of  the  Territory  of  Nevada,  on  the  twenty- 
first  day  of  ISIarch,  A.  D.  eighteen  hundred  and  sixty-four,  and  all 
other  persons  who  may  be  lawful  votei's  in  said  Territory  on  the  first 
Wednesday  of  September  next  following,  shall  be  entitled  to  vote 
directly  upon  the  question  of  ado^iting  or  rejecting  this  Constitution. 

Article  III 

DISTRIBUTION    OF    POWERS 

Section  1.  The  powers  of  the  Government  of  the  State  of  Xevada 
shall  be  divided  into  three  separate  departments — the  Legislative, 
the  Executive  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  herein  expressly  directed  or  permitted. 

Article  IV 

LEGISLATIVE    DEPARTMENT 

Section  1.  The  legislative  authority  of  this  State  shall  be  vested 
in  a  Senate  and  Assembly,  which  shall  be  designated  ''  The  Legis- 
lature of  the  State  of  Nevada."  and  the  sessions  of  such  Legislature 
shall  be  held  at  the  seat  of  Government  of  the  State. 

Sec.  '1.  The  sessions  of  the  Legislature  shall  be  biennial,  and  shall 
commence  on  the  third  Monday  of  January  next  ensuing  tlie  election 
of  members  of  the  Assembly,  unless  the  Governor  of  the  State  shall, 
in  the  interim^  convene  the  Legislature  by  proclamation. 

[Aniondocl  by  chaiiRiii}:  fir  si  Monday  to  thinl  Monday  in  .January.  Propostnl 
and  passed  at  tlie  Twelfth  Session  of  the  Lesisiaturo.  Febru.nry  2;>,  1S8."). 
Statutes  of  ISS,").  pa.ire  1.")1  ;  aj,'reed  to  and  passed  at  the  Thirteentli  Session  of 
the  Lefiislature.  March  W.  ISMT.  Statutes  of  1887.  pa^'e  It;."),  and  api)roved  and 
ratified  by  tlie  people  at  a  special  election  held  February  11,  188'J.J 


2406  Nevada— 1864 

Sec.  3.  The  members  of  the  Assembly  shall  be  chosen  bienniullv 
by  the  qualified  electors  of  their  respective  districts,  on  the  Tuesday 
next  after  the  first  Monday  in  November,  and  their  term  of  office 
shall  be  two  years  from  the  day  next  after  their  election. 

Sec.  4.  Senators  shall  l)e  chosen  at  the  same  time  and  places  as 
members  of  the  Assembly,  by  the  qualified  electors  of  their  respective 
districts,  and  their  term  of  office  shall  be  four  years  from  the  day  next 
after  their  election. 

Sec.  5.  Senators  and  members  of  the  Assembly  shall  be  duly 
qualified  electors  in  the  respective  counties  and  districts  which  they 
represent,  and  the  number  of  Senators  shall  not  be  less  than  one- 
third  nor  more  than  one-half  of  that  of  the  members  of  the  Assembly. 

Sec.  6.  Each  house  shall  judge  of  the  qualifications,  elections,  and 
returns  of  its  own  members,  choose  its  own  officers  (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  members  elected,  expel  a  member. 

Sec.  7.  Either  house,  during  the  session,  maj^  punish,  by  imprison- 
ment, an}'  person,  not  a  member,  who  shall  have  been  guilty  of  dis- 
respect to  the  house  by  disorderly  or  contemptuous  behavior  in  its 
presence;  but  such  imprisonment  shall  not  extend  beyond  the  final 
adjournment  of  the  session. 

Sec.  8.  Xo  Senator  or  member  of  Assembl}''  shall,  during  the  term 
for  which  he  shall  have  been  elected,  nor  for  one  year  thereafter,  be 
appointed  to  any  civil  office  of  profit  under  this  State  Avhich  shall  haA'e 
been  created,  or  the  emoluments  of  which  shall  have  been  increased, 
during  such  term,  except  such  office  as  may  be  filled  by  elections  by 
the  people. 

Sec.  9.  Xo  person  holding  any  lucrative  office  under  the  Govern- 
ment of  the  United  States,  or  any  other  power,  shall  be  eligible  to 
any  civil  office  of  profit  under  this  State;  pioridcd.  that  Postmasters 
whose  compensation  does  not  exceed  five  hundred  dollars  per  annum, 
or  Commissioners  of  Deeds,  shall  not  be  deemed  as  holding  a  lucra- 
tive office. 

Sec.  10.  Any  person  who  shall  be  convicted  of  the  embezzlement 
or  defalcation  of  the  public  funds  of  this  State,  or  who  may  be  con- 
victed of  having  given  or  offered  a  bribe  to  procure  his  election  or 
appointment  to  office,  or  received  a  bribe  to  aid  in  the  procurement 
of  office  for  any  other  person,  shall  be  disqualified  from  holding  anv 
office  of  profit  or  trust  in  this  State.  And  the  Legislature  shall,  as 
soon  as  practicable,  provide  by  law  for  the  punishment  of  such  defal- 
cation, bribery,  or  embezzlement  as  a  felony. 

Sec.  11.  ^Members  of  the  Legislature  shall  be  privileged  from 
arrest  on  civil  process  during  the  session  of  the  Legislature,  and  for 
fifteen  daj^s  next  before  the  commencement  of  each  session. 

Sec.  12.  When  vacancies  occur  in  either  house,  the  Governor  shall 
issue  writs  of  election  to  fill  such  vacancy. 

Sec.  13.  A  majority  of  all  the  members  elected  to  each  house  shall 
constitute  a  quorum  to  transact  business,  but  a  smaller  number  may 
adjourn,  from  da}^  to  da}',  and  may  compel  the  attendance  of  absent 
members  in  such  manner  and  under  such  penalties  as  each  house  maj^ 
prescribe. 

Sec.  14.  Each  house  shall  keep  a  Journal  of  its  own  proceedings, 
which  shall  be  published,  and  the  yeas  and  nays  of  the  members  of 


Nevada— 1861^  2407 

either  house,  on  any  question,  shall,  at  the  desire  of  any  three  mem- 
bers present,  be  entered  on  the  Journal. 

Sec.  15.  The  doors  of  each  house  shall  be  kept  open  during  its 
session,  except  the  Senate  while  sitting  in  executive  session,  and 
neither  shall,  ^Yithout  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which  they  may  be 
holding  their  sessions. 

Sec.  16.  Any  bill  may  originate  in  either  house  of  the  Legis- 
lature, and  all  bills  passed  by  one  may  be  amended  in  the  other. 

Sec.  17.  Each  law  enacted  by  the  Legislature  shall  embrace  but 
one  subject,  and  matter  properly  connected  therewith,  which  subject 
shall  be  briefly  expressecl  in  the  title ;  and  no  law  shall  be  revised  or 
amended  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.  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  pending  shall  tieem  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  tinal 
passage  of  every  bill  or  joint  resolution  shall  be  taken  by  yeas  and 
nays,  to  be  entered  on  the  Journals  of  each  house;  and  a  majority 
of  all  the  members  elected  to  each  house  shall  be  necessary  to  pass 
every  bill  or  joint  resolution,  and  all  bills  or  joint  resolutions  so 
l^assed  shall  be  signed  by  the  presiding  ollicers  of  the  respective 
houses,  and  by  the  Secretary  of  the  Senate  and  Clerk  of  the  Assembly. 

Sec.  11>.  No  money  shall  be  drawn  from  the  treasury  but  in  con- 
sequence of  api)ropriations  made  by  law.  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 
Legislature. 

Sec.  '20.  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  the  Justices  of  the  Peace  and  of  Constables; 
for  the  i)unishment  of  crimes  and  misdemeanors;  regulating  the 
practice  of  courts  of  justice;  ])roviding  for  changing  the  venue  in 
civil  and  criminal  cases;  granting  divorces;  changing  the  names  of 
persons;  vacating  roads,  town  plots,  streets,  alleys  and  public  squares; 
sunnnoning  and  impaneling  grand  and  petit  juries,  and  providing 
for  their  com])ensation ;  regulating  county  and  townshij)  business; 
regulating  the  election  of  county  and  township  oflicers;  for  the 
assessment  and  collection  of  taxes  for  State,  county  and  township 
purposes;  ))rovi(ling  for  opening  and  conducting  elections  of  State, 
county  and  townshi|)  oflicers,  and  designating  the  jilaces  of  voting; 
providing  for  the  sale  of  real  estate  or  personal  i)roperty  bi^longing  to 
minors  or  other  persons  under  legal  disabilities;  giving  eti'ect  to 
invalid  deeds,  wills  or  other  instruments;  refunding  money  paid  into 
the  State  Treasury,  or  into  the  treasury  of  any  county;  releasing  the 
indebtedness,  liability  or  obligation  of  any  corporation,  association 
or  person  to  the  State,  or  to  any  county,  town  or  city  of  this  State. 
But  nothing  in  this  section  shall  be  construed  to  deny  or  restrict  the 
power  of  the  Legislature  to  estal)lish  and  regulate  the  compensation 
and  fees  of  county  and  township  ollicers;  to  establisli  and  regulate 
the  rates  of  freight,  passage,  toll  and  charges  of  railroads,  toll  roads. 


2408  Nevada— 1864 

ditch,  flume  and  tunnel  com])anies  incorporated  under  the  laws  of 
this  State  or  doing  business  therein. 

[As  amended.  Proposed  aud  passed  at  the  Twelfth  Session  of  the  Legislature. 
February  23.  1885,  Statutes  of  188.5.  page  1.52 ;  agreed  to  and  passed  at  the 
Thirteenth  Session  of  the  Legislature,  March  3,  1887,  Statutes  of  1887,  page  16G, 
and  approved  and  ratified  by  the  people  at  a  special  election  held  February  11, 
1889.] 

Sec.  21.  In  all  cases  enumerated  in  the  preceding  section,  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. 

Sec.  22.  Provision  may  be  made  by  general  law  for  bringing  suit 
against  the  State  as  to  all  liabilities  originating  after  the  adoption 
of  this  Constitution. 

Sec.  23.  The  enacting  clause  of  every  law  shall  be  as  follows: 
"  The  People  of  the  State  of  Nevada,  represented  in  Senate  and 
Assemblv,  do  enact  as  follows,"  and  no  law  shall  be  enacted  except 
by  bill.  ■  .        "  .     , 

Sec.  24.  No  lottery  shall  be  authorized,  by  this  State,  nor  shall  the 
sale  of  lottery  tickets  be  allowed. 

Sec.  25.  The  Legislature  shall  establish  a  system  of  county  and 
township  government,  which  shall  be  uniform  throughout  the  State. 

Sec.  26.  The  Legislature  shall  provide  by  law  for  the  election  of 
a  Board  of  County  Commissioners  in  each  county,  and  such  County 
Commissioners  shall,  jointly  and  individually,  perform  such  duties 
as  may  be  prescribed  by  law. 

Sec.  27.  Laws  shall  be  made  to  exclude  from  serving  on  juries  all 
persons  not  qualified  electors  of  the  State,  and  all  persons  who  shall 
have  been  convicted  of  bribery,  perjury,  forgery,  larceny,  or  other 
high  crimes,  unless  restored  to  civil  rights;  and  laws  shall  be  passed 
regulating  elections,  and  prohibiting  under  adequate  penalties,  all 
undue  influence  thereon  from  power,  briber3\  tumult,  or  other  im- 
proper practice. 

Sec.  28.  No  money  shall  be  drawn  from  the  State  Treasury  as 
salary  or  compensation  to  any  officer  or  employee  of  the  Legis- 
lature, or  either  branch  thereof,  except  in  cases  where  such  salary  or 
compensation  has  been  fixed  by  a  law  in  force  prior  to  the  election 
or  appointment  of  such  officer  or  employee,  and  the  salary  or  com- 
pensation so  fixed  shall  neither  be  increased  nor  diminished  so  as  to 
apply  to  any  officer  or  employee  of  the  Legislature,  or  either  branch 
thereof,  at  such  session;  provided,  that  this  restriction  shall  not  apply 
to  the  first  session  of  the  Legislature. 

Sec.  29.  The  first  regular  session  of  the  Legislature  under  this  Con- 
stitution may  extend  to  ninety  days,  but  no  subsequent  regular  session 
shall  exceed  sixty  days,  nor  any  special  session  convened  by  the  Gov- 
ernor exceed  twenty  days. 

Sec.  30.  A  homestead  as  provided  by  law,  shall  be  exempt  from 
forced  sale  inider  any  process  of  law,  and  shall  not  be  alienated  with- 
out the  joint  consent  of  husband  and  wife  when  that  relation  exists; 
but  no  property  shall  be  exempt  from  sale  for  taxes  or  for  the  pay- 
ment of  obligations  contracted  for  the  purchase  of  said  premises,  or 
for  the  erection  of  improvements  thereon;  provided^  the  provisions 
of  this  section  shall  not  apply  to  any  process  of  law  obtained  by  ' 
virtue  of  a  lien  given  by  the  consent  of  both  husband  and  wife,  and 


Nevada— 1864  2409 

laws  shall  be  enacted  providing  for  the  recordino;  of  snch  homestead 
within  the  county  in  which  the  same  shall  be  situated. 

Sec.  31.  All  property,  both  real  and  personal,  of  the  wife,  owned 
or  claimed  by  her  before  marriage,  and  that  acquired  afterward 
by  gift,  devise  or  descent,  shall  be  her  separate  property;  and  laws 
shall  be  passed,  more  clearly  defining  the  rights  of  the  wife  in  relation, 
as  well  to  her  separate  property  as  to  that  held  in  common  with  her 
husband.  Laws  shall  also  be  passed  providing  for  the  registration 
of  the  wife's  separate  property. 

Sec.  32.  The  Legislature  shall  have  power  to  increase,  diminish, 
consolidate  or  abolish  the  following  county  officers:  County  Clerks, 
County  Recorders,  Auditors,  Sheriifs,  District  Attorneys,  County 
Surveyors,  Public  Administrators  and  Superintendents  of  Schools. 
The  Legislature  shall  provide  for  their  election  by  the  people,  and  fix 
by  law  their  duties  and  compensation.  County  Clerks  shall  be  e.c 
officio  Clerks  of  the  Courts  of  Record  and  of  the  Boards  of  County 
Commissioners  in  and  for  their  respective  counties. 

[As  amended.  Projjosed  and  passed  at  the  Thirteenth  Session  of  the  Legisla- 
ture, March  o,  1887.  Statutes  of  1887.  page  161 ;  agreed  to  and  passed  at  the 
Fourteenth  Session  of  the  Legislature.  .January  17,  1889,  Statutes  of  1889.  page 
151.  and  approved  and  ratified  bv  the  people  at  a  special  election  held  Februarv 
11,  1889.] 

Sec.  33.  The  members  of  the  Legislature  shall  receive  for  their 
services  a  compensation  to  be  fixed  by  law,  and  paid  out  of  the  public 
treasury ;  but  no  increase  of  such  compensation  shall  take  effect  dur- 
ing the  term  for  Avhich  the  members  of  either  house  shall  have  been 
elected;  pro  ruled  ^  that  an  appropriation  may  be  made  for  the  pay- 
ment of  such  actual  expenses  as  members  of  the  Legislature  may  incui- 
for  postage,  express  charges,  newspapers  and  stationery,  not  exceeding 
the  sum  of  sixty  dollars  for  any  general  or  special  session,  to  each 
member;  and  furthermore  procided^  that  the  Speaker  of  the  Assem- 
bly, and  Lieutenant-Governor,  as  President  of  the  Senate,  shall  each, 
during  the  time  of  their  actual  attendance  as  such  presiding  officers, 
receive  an  additional  allowance  of  two  dollars  per  diem. 

Sec.  34.  In  all  elections  for  United  States  Senators,  such  elections 
shall  be  held  in  joint  convention  of  both  houses  of  the  Legislature. 
It  shall  be  the  duty  of  the  Legislature  which  convenes  next  preceding 
the  expiration  of  the  term  of  such  Senator,  to  elect  his  successor.  If 
a  vacancy  in  such  Senatorial  representation  from  any  cause  occur,  it 
shall  be  the  duty  of  the  Legislature  then  in  session,  or  at  the  succeed- 
ing session  thereof,  to  supply  such  vacancy.  If  the  Legislature  shall, 
at  any  time,  as  herein  provided,  fail  to  unite  in  a  joint  convention 
within  twenty  days  after  the  commencement  of  the  session  of  tlie 
Legislature  for  the  election  [of]  such  Senator,  it  shall  be  the  duty  of 
the  (iovernor.  by  ])roclaniation,  to  convene  the  two  houses  of  the 
Legislature  in  joint  convention  within  not  less  than  five  days,  nor 
exceeding  ten  days,  from  the  publication  of  his  proclamation,  and  the 
joint  convention  when  so  assembled  shall  proceed  to  elect  the  Senator 
as  herein  provided. 

Sec.  35.  Every  bill  which  may  have  passed  the  Legislature  shall. 
before  it  becomes  a  law,  be  presented  to  the  (xovernor.  If  he  :ippr(n('. 
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- 


2410  Nevada— 1864 

tions  to  be  entered  upon  its  Journal,  and  proceed  to  reconsider  it; 
if,  after  such  reconsideration,  it  again  pass  both  houses,  by  yeas  and 
nays,  by  a  vote  of  two-thirds  of  the  members  elected  to  each  house,  it 
shall  become  a  law,  notwithstanding  the  Governor's  objections.  If 
any  bill  shall  not  be  returned  within  five  days  after  it  shall  have  been 
presented  to  him  (Sundays  excepted),  exclusive  of  the  day  on  which 
he  received  it,  the  same  shall  be  a  law  in  like  manner  as  if  he  had 
signed  it,  unless  the  Legislature,  by  its  final  adjournment,  prevent 
such  return,  in  which  case  it  shall  be  a  law,  unless  the  (lovernor, 
within  ten  days  next  after  the  adjournment  (Sundays  excepted), 
shall  file  such  bill,  with  his  objections  thereto,  in  the  office  of  the  Sec- 
retary of  State,  who  shall  lay  the  same  before  the  Legislature  at  its 
next  session,  in  like  manner  as  if  it  had  been  returned  by  the  Gov- 
ernor; and  if  the  same  shall  receive  the  vote  of  tAvo-thirds  of  the  mem- 
bers elected  to  each  branch  of  the  Legislature,  upon  a  vote  taken  by 
yeas  and  naj^s,  to  be  entered  upon  the  Journals  of  each  house,  it  shall 
become  a  law. 

Article  V 

EXECUTWE    DEPARTMENT 

Section  1.  The  supreme  executive  power  of  this  State  shall  be 
vested  in  a  Chief  Magistrate,  who  shall  be  Governor  of  the  State  of 
Nevada. 

Sec.  2.  The  Governor  shall  be  elected  by  the  qualified  electors  at 
the  time  and  places  of  voting  for  members  of  the  Legislature,  and  shall 
hold  his  office  for  four  years  from  the  time  of  his  installation,  and 
until  his  successor  shall  be  qualified. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of  Governor  who  is 
not  a  qualified  elector,  and  who,  at  the  time  of  such  election,  has  not 
attained  the  age  of  twenty-five  years,  and  Avho,  except  at  the  fii-st 
election  under  this  Constitution,  shall  not  have  been  a  citizen  resi- 
dent of  this  vState  for  two  years  next  preceding  the  election. 

Sec.  4.  The  returns  of  every  election  for  Governor,  and  other  State 
officers  voted  for  at  the  general  election,  shall  be  sealed  up  and  trans- 
mitted to  the  seat  of  government,  directed  to  the  Secretary  of  State; 
and  on  the  thiixl  Mondaj^  of  December  succeeding  such  election,  the 
Chief  Justice  of  the  Supreme  Court,  and  the  Associate  Justices,  or  a 
majority  thereof,  shall  meet  at  the  office  of  the  Secretary  of  State,  and 
open  and  canvass  the  election  returns  for  Governor  and  all  other 
State  officers,  and  forthwith  declare  the  result  and  publish  the  names 
of  the  persons  elected.  The  persons  having  the  highest  number  of 
votes  for  the  respective  offices  shall  be  declared  elected,  but  in  case 
any  two  or  more  have  an  equal  and  the  highest  number  of  votes  for 
the  same  office,  the  Legislature  shall,  by  joint  vote  of  both  houses, 
elect  one  of  said  persons  to  fill  said  office. 

Sec.  5.  The  Governor  shall  be  Commander-in-Chief  of  the  military 
forces  of  this  State,  except  when  they  shall  be  called  into  the  service 
of  the  United  States. 

Sec.  G.  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  executive  department  upon  an}"  sub- 
ject relating  to  the  duties  of  their  respective  offices. 


Nevada— 1864  2411 

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

Sec.  8.  AVhen  any  office  shall,  from  any  cause,  become  vacant,  and 
no  mode  is  provided  by  the  Constitution  and  laws  for  filling  such 
vacancy,  the  Governor  shall  have  the  power  to  fill  such  vacancy  by 
granting  a  commission  which  shall  expire  at  the  next  election  and 
qualification  of  the  person  elected  to  such  office. 

Sec.  9.  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  shall  transact  no  legislative  business  except  that  for 
which  they  were  especially  convened,  or  such  other  legislative  busi- 
ness as  the  Governor  may  call  to  the  attention  of  the  Legislature 
while  in  session. 

Sec.  10.  He  shall  communicate  by  message  to  the  Legislature  at 
every  regular  session  the  condition  of  the  State,  and  recommend  such 
measures  as  he  may  deem  expedient. 

Sec.  11,  In  case  of  a  disagreement  between  the  two  houses,  with 
respect  to  the  time  of  adjournment,  the  Governor  shall  have  power 
to  adjourn  the  Legislature  to  such  time  as  he  may  think  proper;  pro- 
vidciL  it  be  not  beyond  the  time  fixed  for  the  meeting  of  the  next 
Legislature. 

Sec.  12.  Xo  person  shall  Avliile  holding  any  office  under  the  United 
States  Government  hold  the  office  of  Governor,  except  as  herein 
expressly  provided. 

Sec.  V?>.  The  Governor  shall  have  the  power  to  suspend  the  collec- 
tion of  fines  and  forfeitures,  and  grant  reprieves  for  a  period  not 
exceeding  sixty  days  dating  from  the  time  of  conviction,  for  all 
offenses,  except  in  cases  of  impeachment.  Upon  conviction  for  trea- 
son, he  shall  have  power  to  suspend  the  execution  of  the  sentence 
until  the  case  shall  be  reported  to  the  Legislature  at  its  next  meeting, 
when  the  Legislature  shall  either  pardon,  direct  the  execution  of  the 
sentence,  or  grant  a  further  reprieve.  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  by  his 
order  may  direct.  The  Governor  shall  communicate  to  the  Legisla- 
ture, at  the  begimiing  of  every  session,  every  case  of  fine  or  forfeit iiiv 
remitted,  or  reprieve,  pardon  or  commutation  granted,  stating  the 
name  of  the  convict,  the  crime  of  which  he  was  convicted,  the  sen- 
tence, its  date,  and  the  date  of  the  remission,  commutation,  pardon  or 
reprieve. 

Sec.  14.  The  Governor,  Justices  of  the  Supreme  Court  and  Attor- 
ney-(ieneral,  or  a  major  i)art  of  them,  of  whom  the  (lovernor  shall  be 
one,  may,  upon  such  concbtions  and  with  sucli  limitations  and  re- 
strictions as  they  may  think  [)r()per,  remit  fines  and  forfeitures,  com- 
mute ])unishmeuts  and  grant  i)ardons,  after  convictions,  in  all  cases. 
exce])t  tivason  and  impeachments,  subject  to  such  regulations  as  may 
be  i)rovided  by  law  relative  to  the  manner  of  applying  for  pardons. 

Sec.  15.  There  shall  be  a  seal  of  this  State,  Avhich  shall  l)e  kept  by 
the  Governor,  and  used  by  him  officially,  and  shall  be  called  "  The 
Great  Seal  of  the  State  of  Nevadai." 

Sec.  1().  All  grants  and  connnissions  shall  be  in  the  name  and  by 
the  authority  of  the  State  of  Nevada,  sealed  with  the  Great  Seal  of 
the  State,  signed  by  the  Governor  and  covuitersigiicd  l)y  the  Secretary 
of  State. 


2412  Nevada— 1864- 

Sec.  17.  A  Lieutenant-Governor  shall  be  elected  at  the  same  time 
and  places,  and  in  the  same  manner  as  the  Governor,  and  his  term 
of  office  and  his  eligibility  shall  also  be  the  same.  He  shall  be  Presi- 
dent of  the  Senate,  but  shall  only  have  a  casting  vote  therein.  If, 
during  a  vacancy  of  the  office  of  Governor,  the  Lieutenant-Governor 
shall  be  impeached,  displaced,  resign,  die,  or  become  incapable  of  per- 
forming the  duties  of  the  office,  or  be  absent  from  the  State,  the 
President  pro  te?npore  of  the  Senate  shall  act  as  Governor  until  the 
vacancy  be  filled  or  the  disability  cease. 

Sec.  18.  In  case  of  the  impeachment  of  the  Governor,  or  his 
removal  from  office,  death,  inability  to  discharge  the  duties  of  the 
said  office,  resignation  or  absence  from  the  State,  the  powers  and 
duties  of  the  office  shall  devolve  upon  the  Lieutenant-Governor  for 
the  residue  of  the  term,  or  until  the  disability  shall  cease.  But  when 
the  Governor  shall,  vrith  the  consent  of  the  Legislature,  be  out  of  the 
State  in  time  of  war,  and  at  the  head  of  any  military  force  thereof, 
he  shall  continue  Commander-in-Chief  of  the  military  forces  of  the 
State. 

Sec.  19.  A  Secretary  of  State,  a  Treasurer,  a  Controller,  a  Sur- 
veyor-General, and  an  Attornej^-General,  shall  be  elected  at  the  same 
time  and  places,  and  in  the  same  manner  as  the  Governor.  The  term 
of  office  of  each  shall  be  the  same  as  is  prescribed  for  the  Governor. 
Any  elector  shall  be  eligible  to  either  of  said  offices. 

Sec.  20.  The  Secretary  of  State  shall  keep  a  true  record  of  the 
official  acts  of  the  legislative  and  executive  departments  of  the  Gov- 
ernment, and  shall,  when  required,  lay  the  same,  and  all  matters  rela- 
tive thereto,  before  either  branch  of  the  Legislature. 

Sec.  21.  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  provided  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  by  law),  and 
perform  such  other  duties  as  may  be  prescribed  by  law,  and  no  claim 
against  the  State  (except  salaries  or  compensation  of  officers  fixed 
by  law)  shall  be  passed  upon  by  the  Legislature  without  having  been 
considered  and  acted  upon  by  said  Board  of  Examiners. 

Sec.  22.  The  Secretary  of  State,  State  Treasurer,  State  Controller, 
Surveyor-General,  Attorney-General  and  Superintendent  of  Public 
Instruction  shall  perform  such  other  duties  as  may  be  prescribed  by 
law. 

Article  VI 

JUDICIAL  depart:mext 

Section  1.  The  judicial  poAver  of  this  State  shall  be  vested  in  a 
Supreme  Court,  District  Courts,  and  in  Justices  of  the  Peace.  The 
Legislature  may  also  establish  courts  for  municipal  purposes  only,  in 
incorporated  cities  and  towns. 

Sec.  2.  The  Supreme  Court  shall  consist  of  a  Chief  Justice  and  two 
Associate  Justices,  a  majority  of  whom  shall  constitute  a  quorum; 
prorided^  that  the  Legislature,  by  a  majority  of  all  the  members 
elected  to  each  branch  thereof,  may  provide  for  the  election  of  two 
additional  Associate  Justices,  and  if  so  increased  three  shall  consti- 


Nevada— 1864  2413 

tute  a  quorum.  The  concurrence  of  a  majority  of  the  whole  Court 
.-hall  be  necessary  to  render  a  decision. 

Sec.  3.  The  Justices  of  the  Supreme  Court  shall  be  elected  by  the 
qualified  electors  of  the  State  at  the  general  election,  and  shall  hold 
office  for  the  term  of  six  years  from  and  including  the  first  ]Monday  of 
January  next  succeeding  their  election;  prorided,  that  there  shall 
be  elected,  at  the  first  election  under  this  Constitution,  three  Justices 
of  the  Supreme  Court,  who  shall  hold  office  from  and  including  the 
first  Monday  of  December,  A.  I),  eighteen  hundred  and  sixty-four, 
and  continue  in  office  thereafter  two,  four  and  six  years,  respectively, 
from  and  including  the  first  Monday  of  January  next  succeeding 
their  election.  They  shall  meet  as  soon  as  practicable  after  their  elec- 
tion and  qualification,  and  at  their  first  meeting  shall  determine, 
by  lot,  the  term  of  office  each  shall  fill,  and  the  Justice  drawing  the 
shortest  term  shall  be  Chief  Justice,  and  after  the  expiration  o"f  his 
term,  the  one  having  the  next  shortest  term  shall  be  Cliief  Justice, 
after  which  the  senior  Justice  in  commission  shall  be  Chief  Justice, 
and  in  case  the  commission  of  any  two  or  more  of  said  Justices  shall 
bear  the  same  date,  they  shall  determine  by  lot  who  shall  be  Chief 
Justice. 

Sec.  4.  The  Supreme  Court  shall  have  appellate  jurisdiction  in  all 
cases  in  equity ;  also,  in  all  cases  at  law  in  which  is  involved  the  title 
or  right  of  possession  to,  or  the  possession  of,  real  estate  or  mining 
claims,  or  the  legality  of  any  tax,  impost,  assessment,  toll  or  munici- 
pal fine,  or  in  which  the  demand  (exclusive  of  interest)  or  the  value 
of  the  property  in  controversy  exceeds  three  hundred  dollars;  also, 
in  all  other  civil  cases  not  included  in  the  general  subdivisions  of  law 
and  equity,  and  also  on  questions  of  law  alone  in  all  criminal  cases 
in  which  the  offense  charged  amounts  to  felony.  The  Court  shall  also 
have  power  to  issue  writs  of  mandamus^  certiorari^  prohibition,  quo 
warranto  and  haheas  corjnis^  and  also  all  writs  necessary  or  proper 
to  the  com])lete  exercise  of  its  appellate  jurisdiction.  Each  of  the 
Justices  sliall  have  power  to  issue  writs  of  haheas  corpus  to  any  jxirt 
of  the  Slate  upon  petition  by,  or  on  behalf  of,  any  person  held  in 
actual  custody,  and  may  make  such  writs  returnable  before  himself 
or  the  Supreme  Court,  or  before  any  District  Court  in  the  State,  or 
before  any  Judge  of  said  Courts. 

Sec.  5.  The  State  is  hereby  divided  into  nine  judicial  districts,  of 
Avhich  the  county  of  Storey  shall  constitute  the  first;  the  county  of 
(^rmsby  the  second;  the  county  of  Lyon  the  third:  tlie  county  of 
AVashoe  the  fourth;  tlie  counties  of  Xye  and  Churchill  the  liftli;  the 
county  of  Humboldt  the  sixth ;  the  county  of  Lander  the  seventh ;  the 
county  of  Douglas  the  eightli,  and  the  county  of  P^smeralda  the  liinth. 
The  county  of  Roop  shall  be  attached  to  the  county  of  Washoe  for 
judicial  purposes,  until  otherwise  provided  by  law.  The  Legislature 
may,  however,  provide  by  laAv  for  an  alteration  in  the  boundaries  or 
divisions  of  the  districts  herein  prescribed,  and  also  for  increasing  or 
diminishing  the  number  of  the  judicial  districts  and  Judges  therein. 
But  no  such  change  shall  take  efl'ect,  excej)t  in  case  of  a  vacancy,  or 
the  expiration  of  the  term  of  an  incumbent  of  the  office.  At  the  first 
general  election  under  this  Constitution,  there  shall  be  elected  in  each 
of  the  respective  districts  (except  as  in  this  section  hereafter  other- 
wise ])rovi(led)  one  District  Judge,  who  shall  hold  oflice  from  and 
inclucling  the  first  Monday  of  December,  A.  D.  eighteen  hundred  and 


2414  Nevada— 1864 

sixty-four,  and  until  the  first  Monday  of  January,  in  the  year 
eighteen  hundred  and  sixty-seven.  After  the  said  first  election,  there 
shall  be  elected  at  the  general  election  which  inniiediately  precedes 
the  expiration  of  the  term  of  his  predecessor,  one  District  Judge  in 
each  of  the  respective  judicial  districts  (except  in  the  first  district,  as 
in  this  section  hereinafter  provided).  The  District  Judges  shall  be 
elected  by  the  qualified  electors  of  their  respective  districts,  and  shall 
hold  office  for  the  term  of  four  years  (excepting  those  elected  at  said 
hrst  election)  from  and  including  the  first  Monday  in  January  next 
succeeding  their  election  and  qualification;  prorided.,  that  the  P'irst 
Judicial  District  shall  be  entitled  to,  and  shall  have,  three  District 
Judges,  who  shall  possess  coextensive  and  concurrent  jurisdiction,  and 
who  shall  be  elected  at  the  same  times,  in  the  same  manner,  and  shall 
hold  office  for  the  like  terms  as  herein  prescribed  in  relation  to  the 
Judges  in  other  judicial  districts.  An}^  one  of  said  Judges  may  j^re- 
side  on  the  empaneling  of  grand  juries,  and  the  presentment  and  trial 
on  indictments,  under  such  rules  and  regulations  as  may  be  prescribed 
by  law. 

Sec.  6.  The  District  Courts  in  the  several  judicial  districts  of  this 
State  shall  have  original  jurisdiction  in  all  cases  in  equity;  also,  in  all 
cases  at  law  which  involve  the  title  or  the  right  of  possession  to.  or  the 
possession  of,  real  property  or  mining  claims,  or  the  legality  of  any 
tax,  impost,  assessment,  toll  or  municipal  fine,  and  in  all  other  cases 
in  which  the  demand  (exclusive  of  interest)  or  the  value  of  the  prop- 
erty in  controversy  exceeds  three  hundred  dollars;  also,  in  all  cases 
relating  to  the  estates  of  deceased  persons,  and  the  persons  and  estates 
of  minors  and  insane  persons,  and  of  the  action  of  forcil)le  entry  and 
unlaAvful  detainer;  and  also  in  all  criminal  cases  not  otherwise  pro- 
vided for  by  law;  they  shall  also  have  final  appellate  jurisdiction  in 
cases  arising  in  Justices  Courts,  and  such  other  inferior  tribunals  as 
may  be  established  by  law.  The  District  Courts  and  the  Judges 
thereof  shall  have  power  to  issue  writs  of  mandamvs^  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  habeas  corpus  on  petition  by,  or  on  behalf  of,  any  per- 
son held  in  actual  custody  in  their  respective  districts. 

Sec.  7.  The  times  of  holding  the  Supreme  Court  and  District 
Courts  shall  be  as  fixed  by  law.  The  terms  of  the  Supreme  Court 
shall  be  held  at  the  seat  of  government ;  and  the  terms  of  the  District 
Courts  shall  be  held  at  the  countj^  seats  of  their  respective  counties; 
pro  ruled,  that  in  case  any  county  shall  be  hereafter  divided  into  two 
or  more  districts,  the  Legislature  may  by  law  designate  the  places 
of  holding  courts  in  any  such  districts. 

Sec.  8.  The  Legislature  shall  determine  the  number  of  Justices  of 
the  Peace  to  be  elected  in  each  city  and  township  of  the  State,  and 
shall  fix,  by  law,  their  powers,  duties  and  responsibilities;  provided, 
that  such  justices'  Courts  shall  not  have  jurisdiction  of  the  folloAving 
cases,  viz :  First — Of  cases  in  which  the  matter  in  dispute  is  a  money 
demand  or  personal  property,  and  the  amount  of  the  demand  (ex- 
clusive of  interest)  or  the  value  of  the  property  exceeds  three  hundred 
dollars.  Second — Of  cases  wherein  the  title  to  real  estate  or  mining 
claims,  or  questions  of  boundaries  to  land,  is  or  may  be  involved ;  or 
of  cases  that  in  any  manner  shall  conflict  with  the  jurisdiction  of  the 
several  courts  of  record  in  this  State;  and  provided  further^  that 


Nevada— 1864  2415 

Justices'  Courts  shall  have  such  criminal  jurisdiction  as  may  be  pre- 
scribed by  law;  and  the  Lej^islature  may  confer  upon  said  courts 
jurisdiction  concurrent  with  the  District  Courts,  of  actions  to  enforce 
mechanics'  liens  wherein  the  amount  (exclusive  of  interest)  does  not 
exceed  three  himdred  dollars;  and  also  of  actions  for  the  possession 
of  lands  and  tenements,  where  the  relation  of  landlord  and  tenant 
exists,  or  Avhen  such  possession  has  been  unlawfully  or  fraudulently 
obtained  or  withheld.  The  Legislature  shall  also  prescribe  by  law 
the  manner  and  determine  the  cases  in  which  appeals  may  be  taken 
from  Justices  and  other  courts.  The  Supreme  Court,  the  Disti'ict 
Courts,  and  such  other  courts  as  the  Legislature  shall  designate,. shall 
be  courts  of  record. 

Sec.  9.  Provision  shall  be  made  by  law  prescribing  the  powers, 
duties  and  responsibilities  of  any  municipal  court  that  may  be  estab- 
lished in  pursuance  of  section  one  of  this  article;  and  also  fixing 
by  law  the  jurisdiction  of  said  court,  so  as  not  to  conflict  with  that 
of  the  several  courts  of  record. 

Sec.  10.  No  judicial  officer,  except  Justices  of  the  Peace  and  City 
Recorders,  shall  receive  to  his  own  use  any  fees  or  perquisites  of  office. 

Sec.  11.  The  Justices  of  the  Supreme  Court  and  the  District  Judges 
shall  be  ineligible  to  any  office,  other  than  a  judicial  office,  during  the 
term  for  which  they  shall  have  been  elected;  and  all  elections  or 
appointments  of  any  such  Judges  by  the  peojile.  Legislature  or  other- 
wise, during  said  period,  to  any  office  other  than  judicial,  shall  be 
void. 

Sec.  12.  Judges  shall  not  charge  juries  in  respect  to  matters  of  fact, 
but  may  state  the  testimony  and  declare  the  law. 

Sec.  18.  The  style  of  all  process  shall  be  ^  The  State  of  Nevada," 
and  all  jirosecutions  shall  be  conducted  in  the  name  and  by  the 
authority  of  the  same. 

Sec.  14.  There  shall  be  but  one  form  of  civil  action,  and  law  and 
equit}^  may  be  administered  in  the  same  action. 

Sec.  15.  The  Justices  of  the  Supreme  Court  and  District  Judges 
shall  each  receive  quarterly  for  their  services  a  comi)ensation  to  be 
fixed  1)V  law.  and  which  shall  not  be  increased  or  diminished  during 
the  term  for  which  they  shall  have  been  elected,  unless  in  case  a 
vacancy  occurs,  in  which  case  the  successor  of  the  former  incumbent 
shall  receive  only  such  salary  as  may  be  provided  by  law  at  the  time 
of  his  election  or  appointment;  and  provision  shall  be  made  by  law 
for  setting  apart  from  each  year's  revenue  a  sufficient  amount  of 
money  to  pay  such  compensation;  proridcfL  that  District  Judges  shall 
l)e  ]:>aid  out  of  the  county  treasuries  of  the  counties  composing  their 
lespective  districts. 

Sec.  ICt.  The  Legislature  at  its  first  session,  and  from  time  to  time 
thereafter,  shall  jjrovide  by  law  that  upon  the  institution  of  each 
civil  action  and  other  proceedings,  and  also  upon  the  perfecting  of  an 
appeal  in  any  civil  action  or  proceeding  in  the  several  courts  of  rei-ord 
in  this  State,  a  special  court  fee  or  tax  shall  be  advanced  to  the 
Clerks  of  said  courts,  respectively,  by  the  party  or  parties  bringing 
such  action  or  proceeding,  or  taking  such  api:)eal:  and  the  money  so 
paid  in  shall  be  accounted  for  by  such  Clerks,  and  apj^lied  towards 
the  payment  of  the  compensation  of  the  Judges  of  said  courts,  as  shall 
be  directed  by  law. 

Sec.  17.  The  Legislature  shall  have  no  power  to  grant  leave  of 


2416  Nevada— 1864 

absence  to  a  judicial  officer,  and  any  i^ucli  officer  who  shall  absent 
himself  from  the  State  for  more  than  ninety  consecutive  days,  shall 
be  deemed  to  have  vacated  his  office. 

Sec.  18.  No  judicial  officer  shall  be  superseded,  nor  shall  the  organ- 
ization of  the  several  courts  of  the  Territory  of  Nevada  be  changed, 
until  the  election  and  qualification  of  the  several  officers  provided  for 
in  this  article. 

Article  VII 

IMPEACHMENT    AND    RE3I0VAL    FROM    OFFICE 

Section  1.  The  Assembly  shall  have  the  sole  power  of  impeaching. 
The  concurrence  of  a  majority  of  all  the  members  elected  shall  be 
necessary  to  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. 
The  Chief  Justice  of  the  Supreme  Court  shall  preside  over  the  Senate 
while  sitting  to  trj^  the  Governor  or  Lieutenant-Governor  upon  im- 
peachment. Xo  person  shall  be  convicted  without  the  concurrence  of 
two-thirds  of  the  Senators  elected. 

Sec.  2.  The  Governor,  and  other  State  and  judicial  officers,  except 
Justices  of  the  Peace,  shall  be  liable  to  impeachment  for  misdemeanor 
or  malfeasance  in  office;  but  judgment  in  such  case  shall  not  extend 
further  than  removal  from  office,  and  disqualification  to  hold  any 
office  of  honor,  profit  or  trust,  under  this  State.  The  party,  whether 
convicted  or  acquitted,  shall  nevertheless  be  liable  to  indictment,  trial, 
judgment,  and  punishment  according  to  law. 

Sec.  3.  For  any  reasonable  cause,  to  be  entered  on  the  Journals  of 
each  house,  which  may  or  may  not  be  sufficient  grounds  for  impeach- 
rient,  the  Chief  Justice  and  Associate  Justices  of  the  Supreme  Court 
and  Judges  of  the  District  Courts  shall  be  removed  from  office  on  the 
vote  of  two-thirds  of  the  members  elected  to  each  branch  of  the  Leg- 
islature, and  the  Justice  or  Judge  complained  of  shall  be  served  with 
a  copy  of  the  complaint  against  him,  and  shall  have  an  opportunity 
of  being  heard  in  jjerson,  or  by  counsel,  in  his  defense:  prorided, 
that  no  member  of  either  branch  of  the  Legislature  shall  be  eligible 
to  fill  the  vacancy  occasioned  by  such  removal. 

Sec.  4.  Provision  shall  be  made  by  law  for  the  removal  from  office 
of  any  civil  officer  other  than  those  in  this  article  previously  specified, 
for  malfeasance  or  nonfeasance  in  the  performance  of  his  duties. 

Article  VIII 

MUNICIPAL  AND  OTHER  CORPORATIONS 

Section  1.  The  Legislature  shall  pass  no  special  Act  in  any  matter 
relating  to  corporate  powers  except  for  municipal  purposes;  but 
corporations  may  be  formed  under  general  laws,  and  all  such  laws 
may,  from  time  to  time,  be  altered  or  repealed. 

Sec.  "2.  All  real  property  and  possessory  rights  to  the  same,  as  well 
as  personal  property  in  this  State,  belonging  to  corporations  now 
existing  or  hereafter  created,  shall  be  subject  to  taxation  the  same  as 
property  of  individuals,;  provided^  that  the  property  of  corporations 


Nevada— 1864  2417 

formed  for  municipal,  charitable,  religious,  or  educational  purposes 
ma}'  be  exomj^ted  by  law. 

Sec.  3.  Dues  from  corporations  shall  be  secured  by  such  means  as 
may  be  prescribed  b}'  law;  provided^  that  corporators  in  cor])orations 
formed  under  the  laws  of  this  State  shall  not  be  individually  liable 
for  the  debts  or  liabilities  of  such  corporation. 

Sec.  4.  Cori)()rations  created  by  or  under  the  laws  of  the  Territory 
of  Xevada  shall  be  subject  to  the  provisions  of  such  laws  until  the 
Legislature  shall  j)ass  laws  regulating  the  same,  in  i)ursuance  of  the 
provisions  of  this  Constitution. 

Sec.  5.  Corporations  may  sue  and  be  sued  in  all  courts,  in  like  man- 
ner as  individuals. 

Sec.  G.  Xo  bank  notes  or  paper  of  any  kind  shall  ever  be  permitted 
to  circulate  as  money  in  this  State,  except  the  federal  currency  and 
the  notes  of  banks  authorized  under  the  laws  of  Congress. 

vSec.  7.  Xo  right  of  way  shall  be  aj)propriated  to  the  use  of  any 
corporation  until  full  comijensation  be  first  made  or  secured  therefor. 

Sec.  8.  The  Legislature  shall  })r()vide  for  the  organization  of  cities 
and  towns  by  general  laws,  and  restrict  their  })ower  of  taxation, 
assessment,  borrowing  money,  contracting  debts,  and  loaning  their 
credit,  except  for  procuring  supplies  of  water. 

Sec.  9.  The  State  shall  not  donate  or  loan  money  or  its  credit,  sub- 
scribe to  or  be  interested  in  the  stock  of  any  company,  association,  or 
corporation,  except  corporations  formed  for  educational,  or  charitable 
purposes. 

Sec.  10.  Xo  county,  city,  town,  or  other  municipal  corporation  shall 
become  a  stockholder  in  any  joint  stock  comj^any,  cori)oration,  or 
association  whatever,  or  loan  its  credit  in  aid  of  any  such  company, 
corporation,  or  association,  except  railroad  corporations,  companies, 
or  associations. 

Aktk  i.R  TX 
finance  and  state  debt 

Section  L  The  fiscal  year  shall  connnence  on  the  first  day  of  Jan- 
uary in  each  year. 

Sec.  2.  The  Legislature  shall  provide  by  law  for  an  annual  tax 
sufficient  to  defray  the  estimated  expenses  of  the  State  for  each  fiscal 
year;  and  whenever  the  expenses  of  any  year  shall  exceed  the  inconu\ 
the  Legislature  shall  provide  for  levying  a  tax  suflicient,  with  other 
sources  of  income,  to  pay  the  deficiency,  as  well  as  the  estimated 
expenses  of  such  ensuing  year  or  two  years. 

Sec.  8.  For  the  ])urpose  of  enabling  the  State  to  transact  its  busi- 
ness upon  a  cash  basis  from  its  organization,  the  State  may  contract 
public  debts;  but  such  debts  shall  never,  in  th(^  aggregate,  exclusive  of 
interest,  exceed -the  sum  of  thre(>  hiimh-ed  thousand  dollars,  excei)t  for 
the  purpose  of  defraying  exti-aordinary  ex])enses,  as  hereinafter  men- 
tioned. Every  such  debt  shall  be  authoriz(>(l  by  law  for  some  purpose 
or  purposes,  to  be  distinctly  sj)ecified  therein;  and  every  such  law 
shall  provide  for  levying  an  annual  tax  suflicient  to  pay  the  interest 
semi-annually,  and  the  principal  within  twenty  years  from  the  pas- 
sage of  such  law,  and  shall  specially  ajipropriate  the  i)roceeds  of  said 
7253— VOL  3—07 38 


2418  Nevada— 1864 

taxes  to  the  payment  of  said  principal  and  interest ;  and  snch  appro- 
priation shall  not  he  repealed,  nor  the  taxes  he  i)ostponed  or  dimin- 
ished until  the  principal  and  interest  of  said  dehts  shall  have  heen 
wholly  paid.  Every  contract  of  indebtedness  entered  into  or  assumed 
by,  or  on  behalf  of,  the  State,  when  all  its  debts  and  liabilities  amount 
to  said  sum  before  mentioned,  shall  be  void  and  of  no  eti'ect,  except  in 
cases  of  mone}^  borrowed  to  repel  invasion,  suppress  insurrection, 
defend  the  State  in  time  of  war.  or,  if  hostilities  be  threatened,  pro- 
vide for  the  public  defense. 

Sec.  4.  The  State  shall  never  assume  the  debts  of  any  count}-,  town, 
city,  or  other  corporation  whatever,  unless  such  debts  have  been 
created  to  repel  invasion,  suppress  insurrection,  or  to  provide  for  the 
public  defense. 

Article  X 

TAXATION 

Section  1.  The  Legislature  shall  provide  by  law  for  a  uniform  and 
equal  rate  of  assessment  and  taxation,  and  shall  prescribe  such  regu- 
lations as  shall  secure  a  just  valuation  for  taxation  of  all  property, 
real,  personal  and  possessory,  excepting  mines  and  mining  claims,  the 
j)roceeds  of  which  alone  shall  be  taxed,  and  also  excepting  such  prop- 
erty as  ma}"  be  exempted  by  law  for  municipal,  educational,  literary, 
scientific,  religious,  or  charitable  purj^oses. 

Article  XI 

EDUCATION 

Section  1.  The  Legislature  shall  encourage  by  all  suitable  means 
the  promotion  of  intellectual,  literary,  scientific,  mining,  mechanical, 
agricultural  and  moral  improvements,  and  also  provide  for  the  elec- 
tion by  the  jjeople,  at  the  general  election,  of  a  Superintendent  of 
Public  Instruction,  whose  terms  of  office  shall  be  two  years  from  the 
first  ]\londay  of  January,  A.  D.  eighteen  hundred  and  sixty-five,  and 
until  the  election  and  the  qualification  of  his  successor,  and  whose 
duties  shall  be  prescribed  by  law. 

Sec.  2.  The  Legislature  shall  provide  for  a  uniform  system  of  com- 
mon schools,  by  which  a  school  shall  be  established  and  maintained 
in  each  school  district  at  least  six  months  in  every  year;  and  any 
school  district  neglecting  to  establish  and  maintain  such  a  school,  or 
which  shall  allow  instructions  of  a  sectarian  character  therein,  may  be 
deprived  of  its  proportion  of  the  interest  of  the  Public  School  Fund 
during  such  neglect  or  infraction:  and  the  Legislature  may  pass  such 
laws  as  will  tend  to  secure  a  general  attendance  of  the  children  in  each 
school  district  upon  said  public  school. 

Sec.  3.  All  lands,  including  the  sixteenth  and  thirty-sixth  sections 
in  any  township  donated  for  the  benefit  of  public  schools  in  the  Act  of 
the  Thirty-eighth  Congress,  to  enable  the  j^eople  of  Nevada  Territory 
to  form  a  State  Government,  the  thirty  thousand  acres  of  public  lands 
granted  by  an  Act  of  Congress,  approved  July  second,  A.  D.  eighteen 
hundred  and  sixty-two,  for  each  Senator  and  Representative  in  Con- 
gress, and  all  proceeds  of  lands  that  have  been  or  may  hereafter  be 


Nevada— 1864  2419 

granted  or  appropriated  by  the  United  States  to  this  State,  and  also 
the  five  hundred  tliousand  acres  of  hmd  granted  to  the  new  States 
under  the  Act  of  Congress  distributing  the  proceeds  of  the  public 
lands  among  the  several  States  of  the  Union,  approved  A.  I),  eighteen 
hundred  and  forty-one;  proridal^  that  Congress  may  provision  for  or 
authorize  such  diversion  to  be  made  for  the  purpose  herein  contained; 
all  estates  that  may  escheat  to  the  Stale;  all  of  such  per  centum  as 
may  be  granted  by  Congress  on  the  sale  of  lands;  all  tines  collected 
under  the  i:)enal  laws  of  the  State;  all  property  given  or  befjueathed 
to  the  State  for  educational  purposes,  and  all  proceeds  derived  from 
any  or  all  of  said  sources  shall  be  and  the  same  are  hereby  solemnly 
pledged  for  educational  purposes  and  shall  not  be  transfei-red  to 
any  other  fund  for  other  uses;  and  the  interest  thereon  shall,  from 
time  to  time,  be  apportioned  among  the  several  counties  as  the 
Legislature  may  })rovide  by  law;  and  the  Legislature  shall  pro- 
vide for  the  sale  of  floating  land  warrants  to  cover  the  afore- 
said laiuls,  and  for  the  investment  of  all  proceeds  derived  from  any  of 
the  above-mentioned  sources,  in  United  States  bonds,  or  the  bonds  of 
this  State,  or  the  bonds  of  other  States  of  the  Union;  proaided^  that 
the  interest  only  of  the  aforesaid  proceeds  shall  be  used  for  educa- 
tional purposes,  and  any  surplus  interest  shall  be  added  to  the  principal 
sum;  (Did  prorided  fiirtJicr^  that  such  i)()rtions  of  said  interest  as  may 
be  necessary  may  be  appropriated  for  the  support  of  the  State 
University. 

[As  ninondotl.  I'roposed  :uul  passod  at  the  Twelfth  Session  of  the  Le,ij;ishiture. 
Felii'uary  lT).  ISSf).  Statutes  of  iSSf*,  j)a,i;e  KIO;  ai^reed  to  and  ])ass(>d  at  tlio 
Thirteeiitli  Session  of  tlie  Lesisladire  March  .'5.  1SS7,  Statutes  of  1SS7,  ])aj:e  108. 
and  approved  and  ratified  l).v  tiie  ]teople  at  a  special  election  held  Fehruary  11, 
1889.] 

Sec.  4.  The  Legislature  shall  provide  for  the  establishment  of  a 
State  University,  which  shall  embrace  departments  for  agriculture, 
mechanic  arts  and  mining,  to  be  controlled  by  a  Board  of  Regents, 
whose  duties  shall  be  prescribed  by  law. 

Sec.  5.  The  Legislature  shall  have  power  to  establish  normal 
schools,  and  such  different  grades  of  schools,  from  the  primary 
department  to  the  ITniversity,  as  in  their  discretion  they  may  deem 
necessary,  and  all  professors  in  said  University,  or  teachers  in  said 
schools,  of  whatever  grade,  shall  be  required  to  take  and  subscribe 
to  the  oath  as  prescribed  in  Article  XV  of  this  Constitution.  No 
pi'ofessor  or  teacher  who  fails  to  com])ly  with  the  provisions  of  any 
law  framed  in  accordance  with  the  ])i-ovisi()ns  of  this  section  shall  be 
entitled  to  receive  any  portion  of  the  ])n])lic  moneys  set  ai)art  for 
school  purj^oses. 

Sec.  C).  The  Legislature  shall  ])rovid(>  a  sj)ecial  tax,  which  shall 
not  exceed  two  mills  on  the  dollar  of  all  taxable  property  in  the  State, 
in  addition  to  the  other  means  provided  for  the  support  and  mainte- 
nance of  said  University  and  common  schools. 

[As  amended.  Proposed  and  i»assed  at  the  Twelfth  Session  of  the  r.e:.risl.i- 
ture.  i)assed  Fehruary  2.^.  ISS.").  Statutes  of  1SS.">.  |)af;e  1(51  ;  aj^reed  to  and  i)assed 
at  the  'IMiirf(HMith  Session,  .AFarch  ,■',,  1887.  Statutes  of  1887.  paije  Ui<).  :ui(l 
Jipproved  and  ratified  hy  the  people  at  a  special  election  held  Fehruary  11.  188'.>. | 

Sec.  T.  The  Governor,  Secretary  of  State,  and  Superintendent  of 
Public  Instruction  shall,  for  the  first  four  years,  and  until  their  suc- 
cessors are  elected  and  qualified,  constitute  a  Board  of  Regents,  to 


2420  Nevada— 1864 

control  .and  manage  the  affairs  of  the  University  and  the  funds  of 
the  same,  under  such  reguhitions  as  may  be  provided  by  law.  But 
the  Legislature  shall  at  its  regular  session  next  preceding  the  expira- 
tion of  the  term  of  office  of  said  Board  or  Regents,  provide  for  the 
election  of  a  new  Boai'd  of  Regents,  and  define  their  duties. 

Sec.  8.  The  Board  of  Regents  shall,  form  the  interest  accruing 
from  the  first  funds  which  come  under  their  control,  immediately 
organize  and  maintain  the  said  mining  department  in  such  manner 
as  to  make  it  most  effective  and  useful;  jyrocided^  that  all  the  pro- 
ceeds of  the  public  lands  donated  by  Act  of  Congress  approved  July 
second,  A.  D.  eighteen  hundred  and  sixty-two,  for  a  college  for  the 
benefit  of  agriculture,  the  mechanic  arts,  and  including  military 
tactics,  shall  be  invested  by  the  said  Board  of  Regents  in  a  separate 
fund,  to  be  appropriated  exclusively  for  the  benefit  of  the  first  named 
departments  to  the  University,  as  set  forth  in  section  four  above; 
and  the  Legislature  shall  provide  that  if,  through  neglect  or  any 
other  contingency,  any  portion  of  the  fund  so  set  apart  shall  be  lost 
or  misappropriated,  the  State  of  Nevada  shall  replace  said  amount 
so  lost  or  misappropriated  in  said  fund,  so  that  the  principal  of  said 
fund  shall  remain  forever  undiminished. 

Sec.  9.  No  sectarian  instruction  shall  be  imparted  or  tolerated  in 
any  school  or  University  that  may  be  established  under  this  Con- 
stitution. 

Sec.  10.  No  public  funds  of  any  kind  or  character  whatever,  State, 
county,  or  municipal,  shall  be  used  for  sectarian  purposes. 

[Section  10  was  added  to  Article  XI  by  amendment.  Proposed  and  passed  at 
tlie  Eighth  Session  of  the  Legislature.  February  27,  1877,  Statutes  of  1877.  page 
221 ;  agreed  to  and  passed  at  the  Ninth  Session  of  the  Legislature,  January  27, 
1879,  Statutes  of  1879,  page  149,  and  approved  and  ratified  by  the  people  at  the 
general  election  of  1880.] 

Article  XII 

MILITIA 

Section  1.  The  Legislature  shall  provide  by  law  for  organizing 
and  disciplining  the  militia  of  this  State,  for  the  effectmil  encourage- 
ment of  volunteer  corps,  and  the  safe  keeping  of  the  public  arms. 

Sec.  2.  The  Governor  shall  have  power  to  call  out  the  militia  to 
execute  the  laws  of  the  State,  or  to  suppress  insurrection  or  repel 
invasion. 

Article  XIII 

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 
may  require,  shall  be  fostered  and  supported  by  the  State,  subject  to 
such  regulations  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 ;  and  provision  may  be  made  by 
law  for  the  establishment  and  maintenance  of  a  House  of  Refuge  for 
Juvenile  Offenders. 

Sec.  3.  The  respectii'e  counties  of  the  State  shall  ])rovide,  as  may 
be  prescribed  by  law,  for  those  inhabitants  who,  by  reason  of  age  and 
infirmity,  or  misfortunes,  may  have  claim  upon  the  sympathy  and  aid 
of  society. 


Nevada— 1864-  2421 

Abticle  XIV 

BOUNDARY 

Section  1.  The  boundary  of  the  State  of  Nevada  shall  be  as  fol- 
lows: Commencing  at  a  point  formed  by  the  intersection  of  the 
thirty-eighth  degree  of  longitude  west  from  Washington  with  the 
thirty-seventh  degree  of  north  latitude;  thence  due  west  along  said 
thirty-seventh  degree  of  north  latitude  to  the  eastern  boundary  line 
of  the  State  of  California;  thence  in  a  northwesterly  direction  along 
said  eastern  boundary  line  of  the  State  of  California  to  the  forty- 
third  degree  of  longitude  west  from  Washington ;  thence  north  along 
said  forty-third  degree  of  west  longitude  and  said  eastern  boundary 
line  of  the  State  of  California  to  the  forty-second  degree  of  north 
latitude;  thence  due  east  along  the  said  forty-second  degree  of  north 
latitude  to  a  point  formed  by  its  intersection  with  the  aforesaid 
thirty-eighth  degree  of  longitude  west  from  Washington ;  thence  due 
south  down  said  thirty-eighth  degree  of  west  longitude  to  the  place 
of  beginning.  And  whensoever  Congress  shall  authorize  the  addition 
to  the  Territory  or  State  of  Nevada  of  any  portion  of  the  territory  on 
the  easterly  border  of  the  foregoing  defined  limits,  not  exceeding  in 
extent  one  degree  of  longitude,  the  same  shall  thereupon  be  embraced 
within  and  become  a  part  of  this  State.  And  furthermore  provided., 
that  all  such  territory  lying  west  of  and  adjoining  the  boundary  line 
herein  prescribed,  which  the  State  of  California  may  relinquish  to 
the  Territory  or  State  of  Nevada,  shall  thereupon  be  embraced  within 
and  constitute  a  part  of  this  State. 

Article  XV 

:miscellaneous  provisions 

Section  1.  The  Seat  of  Government  shall  be  at  Carson  City,  but  no 
approj)riation  for  the  erection  or  purchase  of  Capitol  buildings  shall 
be  made  during  the  next  three  years. 

Sec.  2.  Members  of  the  Legislature,  and  all  officers,  executive, 
judicial  and  ministerial,  shall,  before  they  enter  upon  the  duties  of 
their  respective  oflices.  take  and  subscribe  to  the  following  oath  or 
affirmation : 

"  I, ,  do  solemnly  swear  (or  affirm.)  that  I  will  sup- 
port, protect  and  defend  the  Constitution  and  Government  of  the 
United  States,  and  the  Constitution  and  Government  of  the  State  of 
Nevada,  against  all  enemies,  whether  domestic  or  foreign,  and  that  I 
will  bear  true  faith,  allegiance,  and  loyalty  to  the  same,  any  ordi- 
nance, resolution  or  law  of  any  State,  convention  or  Legislature  to 
the  contrary  notwithstanding:  and  furtlier.  that  T  do  this  with  a 
full  detei-mination,  ])l('(tg('  and  ])urpose.  without  any  mental  reserva- 
tion or  evasion  whatsoever.  And  I  do  further  solenmly  swear  (or 
affirm)  that  I  have  not  fought  a  duel,  nor  sent  or  accepted  a  challenge 
to  fight  a  duel,  nor  been  a  second  to  either  party,  nor  in  any  manner 
aided  or  assisted  in  such  duel;  nor  been  knowingly  the  bearer  of 
such  challenge  or  acceptance,  since  the  adoption  of  the  Constitution 
of  the  State  of  Nevada,  and  that  T  will  not  be  so  engaged  or  con- 
cerned, directly  or  indirectly,  in  or  about  any  such  duel  during  my 


2422  Nevada— 1864- 

continuance  in  office.     And  further,  that  I  will  well  and  faithfully 

perform  all  the  duties  of  the  office  of ,  on  which  I  am  about  to 

enter;    (if  an  oath)  so  help  me  (lod;    (if  an  affirmation)  under  the 
pains  and  penalties  of  perjury." 

Sec.  3.  Xo  person  shall  be  eligible  to  any  office  avIio  is  not  a  quali- 
fied elector  under  this  Constitution.  No  person  who,  while  a  citizen 
of  this  State,  has,  since  the  adoption  of  this  Constitution,  fought  a 
duel  with  a  deadly  weapon,  sent  or  accepted  a  challenge  to  fight  a 
duel  with  a  deadly  weapon,  either  within  or  beyond  the  l)oundaries 
of  this  State,  or  who  has  acted  as  second,  or  knowingly  conveyed  a 
challenge,  or  aided  or  assisted  in  any  manner  in  fighting  a  duel,  shall 
be  allowed  to  hold  any  office  of  honor,  profit  or  trust,  or  enjoy  the 
right  of  sufl^rage  under  this  Constitution.  The  Legislature  shall  pro- 
vide by  law  for  giving  force  and  effect  to  the  foregoing  provisions 
of  this  section;  provided,  that  females  over  the  age  of  twenty-one 
years,  who  have  resided  in  this  State  one  year,  and  in  the  county  or 
district  six  months  next  preceding  any  election  to  fill  either  of  said 
offices,  shall  be  eligible  to  the  offices  of  Superintendent  of  Public 
Schools  and  School  Trustee. 

[As  amended.  Proposed  and  iiassed  at  the  Thirteenth  Session  of  tlie  Legis- 
lature. March  .*>.  1887.  Statutes  of  1887.  page  162;  agreed  to  and  passed  at  the 
Fourteenth  Session  of  the  Legishiture.  .January  17.  1889.  Statutes  of  1889.  page 
1.51.  and  approved  and  ratified  hv  the  people  at  a  special  election  held  February 
11.  1889.] 

Sec.  4.  Xo  perpetuities  shall  be  allowed  except  for  eleemosynary 
purposes. 

Sec.  5.  The  general  election  shall  be  held  on  the  Tuesday  next  after 
the  first  Monday  of  November. 

Sec,  6.  The  aggregate  number  of  members  of  both  branches  of  the 
Legislature  shall  never  exceed  seventy-five. 

Sec.  7.  All  county  officers  shall  hold  their  offices  at  the  county  seat 
of  their  respective  counties. 

Sec.  8.  The  Legislature  shall  provide  for  the  speedy  publication  of 
all  statute  laws  of  a  general  nature,  and  such  decisions  of  the 
Supreme  Court  as  it  ma^^  deem  expedient ;  and  all  laws  and  judicial 
decisions  shall  he  free  for  publication  by  any  person;  pror'nled,  that 
no  judgment  of  the  Supreme  Court  shall  take  effect  and  be  operative 
until  the  opinion  of  the  Court  in  such  case  shall  be  filed  Avith  the 
Clerk  of  said  Court. 

Sec.  9.  The  Legislature  may,  at  any  time,  provide  by  law  for  in- 
creasing or  diminishing  the  salaries  or  compensation  of  any  of  the 
officers  Avhose  salaries  or  compensation  is  fixed  in  this  Constitution: 
provided,  no  such  change  of  salary  or  compensation  shall  apply  to 
any  officer  during  the  term  for  which  he  may  have  been  elected. 

Sec.  10.  All  officers  whose  election  or  appointment  is  not  otherwise 
provided  for  shall  be  chosen  or  ap])ointed  as  may  be  prescribed  by 
law. 

Sec.  1L  The  tenure  of  awj  office  not  herein  provided  for  may  be 
declared  by  law,  or.  when  not  so  declared,  such  office  shall  be  held 
during  the  pleasure  of  the  authority  making  the  apiDointment ;  but 
the  Legislature  shall  not  create  any  office,  the  tenure  of  which  shall 
be  longer  than  four  years,  except  as  herein  otherwise  provided  in  this 
Constitution. 

Sec.  \'2.  The  (Tovernor,  Secretaiy  of  State,  State  Treasurer,  State 


Nevada— 1864  2423 

Controller,  and  Clerk  of  the  Supreme  Court  shall  keep  their  respec- 
tive offices  at  the  seat  of  j>;overnnient. 

Sec,  13.  The  enumeration  of  the  inhabitants  of  this  State  shall  be 
taken,  under  the  direction  of  the  Legislature,  if  deemed  necessary,  in 
A.  D.  eighteen  hundi'ed  and  sixty-five,  A.  I),  eighteen  hundred  and 
sixty-seven,  A.  D.  eighteen  hundred  and  seventy-five,  and  every  ten 
years  thereafter;  and  these  enumerations,  together  with  the  census 
that  may  be  taken  under  the  direction  of  the  Congress  of  the  United 
States  in  A.  D.  eighteen  hundred  and  seventy,  and  every  sul)se(iuent 
ten  years,  shall  serve  as  the  basis  of  representation  in  both  houses  of 
the  Legislature. 

Sec.  14.  A  plurality  of  votes  given  at  an  election  by  the  people 
shall  constitute  a  choice,  Avhere  not  otherwise  provided  by  this  Con- 
stitution. 

Article  XVI  ., 

AMENDMENTS 

Section  1.  Any  amendment  or  amendments  to  this  Constitution 
may  be  proposed  in  the  Senate  or  Assembly;  and  if  the  same  shall 
be  agreed  to  by  a  majority  of  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  taken  thereon, 
and  referred  to  the  Legislature  then  next  to  be  chosen,  and  shall  be 
published  for  three  months  next  preceding  the  time  of  making  such 
choice.  And  if,  in  the  Legislature  next  chosen  as  aforesaid,  such 
proposed  amendment  or  amendments  shall  be  agreed  to  by  a  majority 
of  all  the  members  elected  to  each  house,  then  it  shall  be  the  duty  of 
the  Legislature  to  submit  such  j)r()p()sed  amendment  or  amendments 
to  the  i)eople  in  such  manner  and  at  such  times  as  the  Legislature  sliall 
prescribe;  and  if  the  people  shall  approve  and  ratify  such  amend- 
ment or  amendments  by  a  majority  of  the  electors  qualified  to  vote 
for  members  of  the  Legislature  voting  thereon,  such  amendment  or 
amendments  shall  become  a  part  of  the  Constitution. 

Si:c.  2.  If  at  any  time  the  Legislature,  by  a  vote  of  two-thirds  of 
the  members  elected  to  each  house,  shall  determine  that  it  is  necessary 
to  cause  a  revision  of  this  entire  Constitution,  they  shall  recommend 
to  the  electors,  at  the  next  election  for  members  of  the  Legisla- 
ture, to  vote  for  or  against  a  convention,  and  if  it  shall  appeal*  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, 
j^rovide  by  law  for  calling  a  convention  to  be  holden  within  six 
months  after  the  passage  of  such  law;  and  such  convention  shall 
consist  of  a  number  of  members  not  less  than  that  of  both  branches 
of  the  IjCgislature.  In  detei-mining  what  is  a  majority  of  the  electors 
voting  at  such  election,  reference  shall  be  had  to  the  highest  numlier 
of  votes  cast  at  such  election  for  the  candidates  for  any  ollice  or  on 
any  question. 

Article  XVII 

schedule 

Section  1.  That  no  inconvenience  may  arise  by  ivason  of  a  change 
from  a  Territoi-ial  to  ii  ])ermanent  State  (lovei'nment.  i(  is  declared 
that  all  rights,  actions,  prosecutions,  judgments,  claims  antl  contracts. 


2424  Nevada— 1864 

as  well  of  individuals  as  of  IkkHcs  corporale,  incliidin";  count ios, 
towns  and  cities,  shall  continue  as  if  no  chan<!:e  had  taken  ))lace;  and 
all  process  which  may  issue  under  the  authority  of  the  Territory  of 
Nevada,  previous  to  its  admission  into  tlie  Union  as  one  of  the  Uinteil 
States,  shall  be  as  valid  as  if  issued  in  the  name  of  the  State  of 
Nevada. 

Sec.  2.  All  laws  of  the  Territory  of  Nevada,  in  force  at  the  time 
of  the  admission  of  this  State,  not  repug:nant  to  this  Constitution, 
shall  remain  in  force  until  they  expire  by  their  own  limitations,  or 
be  altered  or  repealed  by  the  Leo:islature. 

Sec.  3.  All  fines,  penalties  and  forfeitures  accruino-  to  the  Terri- 
tory of  Nevada,  or  to  the  people  of  the  United  States  in  the  Territory 
of  Nevada,  shall  inure  to  the  State  of  Nevada. 

Sec.  4.  All  recognizances  heretofore  taken,  or  which  may  be  taken 
before  the  change  from  a  Territorial  to  a  State  government,  shall 
rerfain  valid,  and  shall  pass  to,  and  may  be  prosecuted  in  the  name  of 
the  State,  and  all  bonds  executed  to  the  Governor  of  the  Territory, 
or  to  any  other  officer  or  Court  in  his  or  their  official  capacity,  or  to 
the  people  of  the  United  States  in  the  Territory  of  Nevada,  shall 
pass  to  the  Governor,  or  other  officer,  or  court,  and  his  or  their  suc- 
cessors in  office,  for  the  uses  therein  respectively  expressed,  and  may 
be  sued  on,  and  recovery  had  accordingly;  and  all  [)roperty,  real, 
personal  or  mixed,  and  all  judgments,  bonds,  specialties,  choses  in 
action,  claims,  and  debts  of  whatsoever  description,  and  all  records 
and  public  archives  of  the  Territory  of  Nevada,  shall  issue  to  and 
vest  in  the  State  of  Nevada,  and  may  be  sued  for  and  recovered  in 
the  same  manner  and  to  the  same  extent  by  the  State  of  Nevada,  as 
the  same  could  have  been  by  the  Territory  of  Nevada.     All  criminal 
prosecutions  and  penal  actions,  which  may  have  arisen,  or  which 
may  arise  before  the  change  from  a  Territorial  to  a  State  government, 
and  which  shall  then  be  pending,  shall  l)e  prosecuted  to  judgment  and 
execution  in  the  name  of  the  State.     All  offenses  committed  against 
the  laws  of  the  Territory  of  Nevada,  before  the  change  from  a  Ter- 
ritorial to  a  State  government,  and  which  shall  not  be  prosecuted 
before   such    change,  may  be  prosecuted   in  the  name   and  by  the 
authority  of  the  State  of  NeA^ada  with  like  eifect  as  though  such 
change  had  not  taken  place;  and  all  penalties  incurred  shall  remain 
the  same  as  if  this  Constitution  had  not  been  adopted.     All  actions 
at  law  and  suits  in  equity,  and  other  legal  proceedings  which  may  be 
pending  in  any  of  the  courts  of  the  Territorj^  of  Nevada  at  the  time 
of  the  change  from  a  Territorial  to  a  State  government,  may  be  con- 
tinued and  transferred  to  and  determined  by  any  court  of  the  State 
which   shall  have   jurisdiction   of  the   sul)ject   matter   thereof.     All 
actions  at  law  and  suits  in  equity,  and  all  other  legal  ]n'oceedings, 
which  may  be  pending  in  any  of  the  courts  of  the  Territory  of 
Nevada  at  the  time  of  the  change  from  a  Territorial  to  a  State  gov- 
ernment, shall  be  continued  and  transferred  to,  and  may  be  prose- 
cuted to  judgment  and  execution,  in  any  court  of  the  State  which 
shall  have  jurisdiction  of  the  subject  matter  thereof;  and  all  books, 
papers  and  records,  relating  to  the  same  shall  be  transferred  in  like 
manner  to  such  court. 

Sec.  5.  For  the  first  term  of  office  succeeding  the  formation  of  a 
State  Government,  the  salary  of  the  Governor  shall  be  four  thousand 
dollars  per  annum ;  the  salary  of  the  Secretary  of  State  shall  be  three 


Nevada— 1864  2425 

thousand  six  hundred  doUtirs  per  annum;  the  salary  of  the  State 
Controller  shall  he  three  thousand  six  hundred  dollars  per  annum; 
the  salary  of  the  State  Treasurer  shall  be  three  thousand  six  hundred 
tlollars  per  annum;  the  salary  of  the  Surveyor-Cieneral  shall  be  one 
thousand  dollars  per  annum;  the  salary  of  the  Attorney-tieneral 
shall  be  t\vo  thousand  hve  hundred  dollars  per  annum;  the  sahuy  of 
the  Superintendent  of  Public  Instruction  shall  be  two  thousand  dol- 
lars per  annum;  the  salary  of  each  Judge  of  the  Supreme  Court 
shall  be  seven  thousand  dollars  per  annum.  The  salaries  of  the  fore- 
going officers  shall  be  paid  quarterly,  out  of  the  State  Treasury. 
The  pay  of  State  Senators  and  members  of  Assembly  shall  be  eight 
dollars  per  day,  for  each  (hiy  of  actual  service,  and  forty  cents  per 
mile  for  mileage  going  to  and  returning  from  the  place  of  meeting. 
No  officer  mentioned  in  this  section  shall  receive  any  fee  or  perquisites 
to  his  own  use  for  the  performance  of  any  duty  connected  with  his 
office,  or  for  the  performance  of  any  additional  duty  imposed  upon 
him  by  law. 

Sec.  6.  Until  otherwise  provided  by  law,  the  apportionment  of 
Senators  and  Assemblymen  in  the  dift'erent  counties  shall  be  as  fol- 
lows, to  wit:  Storey  county,  four  Senators  and  twelve  Assemblymen; 
Douglas  county,  one  Senator  and  two  Assemblymen;  Esuieralda 
county,  two  Senators  and  four  Assemblymen;  Ihuuboldt  county,  two 
Senators  and  three  Assemblymen;  Lander  county,  two  Senators  and 
four  Assemblymen ;  Lyon  county,  one  Senator  and  three  Assembly- 
men; Lyon  and  Churchill  counties,  one  Senator  jointly;  Churchill 
county,  one  Assemblyman;  Xve  county,  one  Senator  and  one  Assem- 
blyman; Ornisby  county,  two  Senators  and  three  Assemblymen; 
Washoe  and  Koop  counties,  two  Senators  and  three  Asseuiblymen. 

Sec.  7.  All  del)ts  and  liabilities  of  the  Territory  of  Nevada,  law- 
fully incurred,  and  which  remain  uuj^aid  at  the  time  of  the  aduiission 
of  this  State  into  the  Union,  shall  l)e  assumed  by  and  l)ecome  the 
debt  of  the  State  of  Nevada;  proridccL  that  the  assunq)ti()n  of  such 
indebtedness  shall  not  })revent  the  State  from  contracting  the  addi- 
tional indebtedness,  as  provided  in  section  three  of  Article  IX  of  this 
Constitution. 

[Sections  8  to  2(i,  inclusivo.  nro  now  only  historical.  | 

Sec.  8.  The  term  of  State  officers  (except  judicial)  elected  at  the 
first  election  under  this  Constitution,  shall  continue  until  the  Tuesday 
after  the  first  Monday  of  Jaiuuiry,  A.  1).  eighteen  hundred  and  sixty- 
seven,  and  until  the  election  and  qualification  of  their  successors. 

*  Sec.  1>.  The  Senators  to  be  elected  at  the  first  election  under  this 
Constitution  shall  draw  lots,  so  that  the  term  of  one-half  of  the  num- 
ber, as  nearly  as  may  be,  shall  exi)ire  on  the  day  succeeding  the  gen- 
eral election  in  A.  I),  eighteen  hundred  and  sixty-six,  and  the  term 
of  the  other  half  shall  expire  on  the  day  succeeding  the  general  elec- 
tion in  A.  I),  eighteen  hundred  and  sixty-eight:  nroridcd^  that  in 
drawing  lots  for  all  Senatorial  terms,  the  Senatorial  represcMitation 
shall  be  allotted  so  that  in  the  counties  having  two  or  more  Senators, 
the  terms  thereof  shall  be  divided,  as  nearly  as  may  be,  between  the 
long  and  short  terms. 

*  Obsolete. 


2426  Nevada— 1864 

Sec.  10.  At  the  general  election  in  A.  D.  eighteen  hnndred  and 
sixty-six,  and  thereafter,  the  term  of  Senators  shall  be  four  years 
from  the  day  succeeding  such  general  election,  and  members  of  As- 
sembly for  two  3'ears  from  the  day  succeeding  such  general  election, 
and  the  terms  of  Senators  shall  be  allotted  by  the  Legislature  in  long 
and  short  terms,  as  hereinbefore  provided,  so  that  one-half  the  num- 
ber, as  nearly  as  ma}^  be.  shall  be  elected  every  two  years. 

Sec.  11.  The  term  of  the  members  of  the  Assembly  elected  at  the 
first  general  election  nnder  this  Constitution  shall  expire  on  the  day 
succeeding  the  general  election  in  A.  D.  eighteen  hundred  and  sixty- 
five;  and  the  terms  of  those  elected  at  the  general  election  in  A.  I), 
eighteen  hundred  and  sixty-five  shall  expire  on  the  day  succeeding 
the  general  election  in  A.  D.  eighteen  hundred  and  sixty-six. 

Sec.  12.  The  first  regular  session  of  the  Legislature  shall  commence 
on  the  second  Monday  of  December,  A.  D.  eighteen  hundred  and 
sixtv-four,  and  the  second  regular  session  of  the  same  shall  commence 
on  the  first  ^Monday  of  January,  A.  D.  eighteen  hundred  and  sixty- 
six,  and  the  third  regular  session  of  the  Legislature  shall  be  the  first 
of  the  biennial  sessions,  and  shall  commence  on  the  first  Monday  of 
January,  A.  D.  eighteen  hundred  and  sixty-seven;  and  the  regular 
sessions  of  the  Legislature  shall  be  held  thereafter  biennially,  com- 
mencing on  the  first  Monday  of  January. 

[Section  12  superseded  by  Section  2.  Article  ly.] 

*  Sec.  13.  All  county  officers  under  the  laws  of  the  Territory  of 
Xevada  at  the  time  when  the  Constitution  shall  take  effect,  whose 
offices  are  not  inconsistent  with  the  provisions  of  this  Constitution, 
shall  continue  in  office  until  the  first  Moncla}-  of  January,  A.  D. 
eighteen  hundred  and  sixty-seven,  and  until  their  successors  are 
elected  and  qualified:  and  all  township  officers  shall  continue  in  office 
until  the  expiration  of  their  terms  of  office,  and  until  their  successors 
are  elected  and  qualified;  jrrovidecU  that  the  Probate  Judges  of  the 
several  counties,  respectively,  shall  continue  in  office  until  the  election 
and  qualification  of  the  District  Judges  of  the  several  counties  or 
judicial  districts;  and  prorlded  fiirtlu'i\  that  the  term  of  office  of  the 
present  county  officers  of  Land^er  county  shall  expire  on  the  first  ^Ion- 
day  of  Janiuiry.  A.  D.  eighteen  hundred  and  sixty-five,  except  the 
Probate  Judge  of  said  county,  whose  term  of  office  shall  expire  upon 
the  first  Monday  of  December.  A.  D.  eighteen  hundred  and  sixty- 
four,  and  there  shall  be  an  election  for  county  officers  of  Lander 
county  at  the  general  election  in  November.  A.  D.  eighteen  hundred 
and  sixty-four,  and  the  officers  then  elected  shall  hold  office  from  the 
first  Monday  of  January,  A.  D.  eighteen  hundred  and  sixty-fiA'e.  mitil 
the  first  Monday  of  Januarj%  A.  D.  eighteen  hundred  and  sixty- 
seven,  and  until  their  successors  are  elected  and  qualified. 

Sec.  1-1.  The  Governor.  Secretary.  Treasurer  and  Superintendent 
of  Public  Instruction  of  the  Territory  of  Xevada  shall  each  continue 
to  discharge  the  duties  of  their  respective  offices  after  the  admission 
of  this  State  into  the  Union,  and  until  the  time  designated  for  the 
qualification  of  the  above  named  officers  to  be  elected  under  the  State 
Government ;  and  the  Territorial  Auditor  shall  continue  to  discharge 

*  Obsolete. 


Nevada— 1864  2427 

the  duties  of  his  said  office  until  the  time  appointed  for  tlie  qualifica- 
tion of  the  State  Controller:  prorided^  that  the  said  officers  shall 
each  receive  the  salaries,  and  be  subject  to  the  restrictions  and  condi- 
tions provided  in  this  Constitution;  curd  pivcided  further,  that  none 
of  them  shall  receive  to  his  own  use  any  fees  or  perquisites  for  the 
performance  of  any  duty  connected  with  his  office. 

Sec.  15.  The  terms  of  the  Su])reme  Court  shall,  until  j)ro\"isi()n  be 
made  by  law,  be  held  at  such  times  as  the  Judfres  of  the  said  court, 
or  a  majority  of  them,  may  aj^point.  The  first  terms  of  the  several 
District  Courts  (excei)t  as  hereinafter  mentioned)  shall  connnence  on 
the  first  Monday  of  December,  A.  I),  eighteen  hundred  and  sixty-four. 
The  first  term  of  the  District  Court  in  the  Fifth  Judicial  District 
shall  commence  on  the  hrst  Monday  of  December,  A.  D.  ei<)^hteen 
hundred  and  sixty-four,  in  the  county  of  Xye,  and  shall  connnence  on 
the  first  Monday  of  January,  A.  D.  eighteen  hundred  and  sixty-five, 
in  the  county  of  Churchill.  The  terms  of  the  Fourth  Judicial  Dis- 
trict Court  shall,  until  otherwise  provided  by  law.  be  held  at  the 
county  seat  of  Washoe  county,  and  the  first  term  thereof  commence 
on  the  first  Monday  of  December,  A.  D.  eighteen  hundred  and  sixty- 
four. 

Sec.  IG.  The  Judges  of  the  several  District  Courts  of  this  State 
shall  be  paid,  as  hereinbefore  ])rovided,  sahiries  at  the  following  rates 
l^er  annum:  First  Judicial  District  (each  Judge)  six  thousand  dol- 
lars; Second  Judicial  District,  four  thousand  dollars:  Third  Judi- 
cial District,  five  thousand  dollars:  Fourth  Judicial  District,  five 
thousand  dollars:  Fifth  Judicial  District,  thirty-six  hundivd  dollars; 
Sixth  Judicial  Disti'ict.  four  thousand  dollai-s:  Seventh  Judicial 
District,  six  thousand  dollai's:  I-^iglith  Judicial  District,  thirty-six 
hundred  dollars;  Ninth  Judicial  District,  five  thousand  dollars. 

Sec.  17.  The  salary  of  any  Judge  in  said  judicial  districts  may,  by 
law,  be  altered  or  changed,  subject  to  the  provisions  contained  in  this 
Constitution. 

*  Sec.  18.  The  Governor,  Lieutenant-Governor,  Secretary  of  State, 
State  Treasurer,  State  Controller,  Attorney-CJeneral,  Surveyor-Gen- 
eral, Clerk  of  the  Supreme  Court,  and  Superintendent  of  l^ublic 
Instruction,  to  be  elected  at  the  first  election  under  this  Constitution, 
shall  each  (pialifv  and  enter  ui)on  the  duties  of  their  resj)ective  offices 
on  the  first  Monday  of  December  succeeding  their  election,  and  sliall 
continue  in  office  until  the  first  Tuesda^v  after  the  first  Monday  of 
Jantuiry,  A.  I),  eighteen  hundred  and  sixty-seven,  and  until  the 
election  and  (lualilicaticm  of  their  successors  respectively. 

Sec.  10.  The  ,Judges  of  the  Supreme  Com-t  and  District  Judges  to 
be  elected  at  the  first  election  under  this  Constitution  shall  (jiialifv 
and  enter  upon  the  duties  of  their  i-espective  ollices  on  the  first  Mon- 
day of  December  succeeding  their  election. 

Sec.  20.  All  oflicers  of  State,  and  District  Judges  first  elected  under 
this  Constitution  shall  be  commissioned  by  the  (fovernor  of  this  Ter- 
ritory, which  connnission  shall  be  countersigned  by  the  Secretary  of 
the  same,  and  shall  qualify,  before  entering  upon  the  discharge  of 
their  duties,  before  any  officer  authorized  to  administer  oaths  under 
the  laws  of  this  Territory:  and  also  the  State  Controller  and  State 

*  Obsolete. 


2428  Nevada— 1864 

Treasurer  shall  each  respectively,  before  they  qualify  and  enter  upon 
the  discharge  of  their  duties,  execute  and  deliver  to  the  Secretary  of 
the  Territory  of  Nevada  an  official  bond,  made  payal)le  to  the  people 
of  the  State  of  Nevada,  in  tli*^  sum  of  thirty  thousand  dollars,  to  be 
-approved  by  the  Governor  of  the  Territory  of  Nevada,  and  shall  also 
execute  and  deliver  to  the  Secretary  of  State  such  other  or  further 
official  bond  or  l^onds  as  may  be  required  by  law. 

Sec.  21.  Each  county,  town,  city  and  incorporated  village  shall 
make  provision  for  the  support  of  its  own  officers,  subject  to  such 
regulations  as  may  be  prescribed  by  law. 

Sec.  22.  In  case  the  office  of  any  Justice  of  the  Supreme  Court, 
District  Judge,  or  other  State  officer  shall  become  vacant  before  the 
expiration  of  the  regular  term  for  which  he  was  elected,  the  vacancy 
may  be  filled  by  appointment  by  the  Governor,  until  it  shall  be  sup- 
plied at  the  next  general  election,  when  it  shall  be  filled  by  election 
for  the  residue  of  the  unexpired  term. 

Sec.  23.  All  cases,  both  civil  and  criminal,  which  may  be  pending 
and  undetermined  in  the  Probate  Courts  of  the  several  counties 
at  the  time  when,  under  the  provisions  of  this  Constitution,  said  Pro- 
bate Courts  are  to  l)e  abolished,  shall  be  transferred  to  and  determined 
by  the  District  Courts  of  such  counties  respectively. 

^  Sec.  24.  For  the  first  three  years  after  the  adoption  of  this  Consti- 
tution, the  Legislature  shall  not  levy  a  tax  for  State  purposes  exceed- 
ing one  per  cent  per  annum  on  the  taxable  property  in  the  State;  pro- 
vuled,  the  Legislature  may  levy  a  special  tax,  not  exceeding  one- 
fourth  of  one  per  cent  per  annum,  which  shall  be  appropriated  for  the 
payment  of  the  indebtedness  of  the  Territory  of  Nevada  assumed  by 
the  State  of  Nevada,  and  for  that  purpose  only,  until  all  of  said 
indebtedness  is  paid. 

*  Sec.  25.  The  county  of  Koop  shall  be  attached  to  the  county  of 
AYashoe  for  judicial,  legislative,  revenue  and  county  purposes  until 
otherwise  provided  by  law. 

Sec.  2G.  At  the  first  regular  session  of  the  Legislature  to  convene 
under  the  requirements  of  this  Constitution,  provision  shall  be  made 
by  law  for  paying  for  the  publication  of  six  hundred  copies  of  the 
debates  and  proceedings  of  this  Convention  in  book  form,  to  be  dis- 
posed of  as  the  Legislature  may  direct ;  and  the  Hon.  J.  Neely  John- 
son, President  of  this  Convention,  shall  contract  for,  and  A.  J. 
Marsh,  Official  Reporter  of  this  Convention,  under  the  direction  of 
the  President,  shall  supervise  the  publication  of  such  debates  and 
proceedings.  Provision  shall  be  made  by  law  at  such  first  session 
of  the  Legislature  for  the  compensation  of  the  official  reporter  of 
this  convention,  and  he  shall  be  paid  in  coin  or  its  equivalent.  He 
shall  receive,  for  his  services  in  reporting  the  debates  and  proceed- 
ings, fifteen  dollars  per  day  during  the  session  of  the  convention, 
and  seven  and  one-half  dollars  additional  for  each  evening  session, 
and  thirty  cents  per  folio  of  one  hundred  words  for  preparing  the 
same  for  publication;  and  for  supervising  and  indexing  such  pub- 
lication the  sum  of  fifteen  dollars  per  day  during  the  time  actually 
engaged  in  such  service. 

*  Obsolete. 


Nevada— 1864  2429 

Article  XV III 

RIGHT  OF  SUFFRAGE 

Section  1.  The  rights  of  suffrage  and  office-holding  shall  not  be 
withheld  from  any  male  citizen  of  the  United  States  by  reason  of 
his  color  or  previous  condition  of  servitude. 

[Article  XVIII  was  proposed  aiKl  jnissed  at  the  Eighth  Session  of  the  Legis- 
lature. .Tanuary  15.  1877.  Statutes  of  1877.  page  213;  agreed  to  and  passed  at 
tlie  Ninth  Session  of  the  Legislature,  .January  27.  1879,  Statutes  of  1S7!».  page 
149.  and  approved  and  ratified  by  the  people  at  the  general  election  of  1880.] 

ELECTION    ORDINANCE 

Whereas,  The  enabling  Act  passed  ])y  Congress  and  approved 
March  twenty-first,  A.  D.  eighteen  hundred  and  sixty-four,  requires 
that  the  Convention  charged  with  the  duty  of  framing  a  Constitu- 
tion for  a  State  Government  ''  shall  provide  by  ordinance  for  sub- 
mitting said  Constitution  to  the  people  of  the  Territory  of  Nevada 
for  their  ratification  or  rejection,"  on  a  certain  day  prescribed 
therein ;  therefore  this  convention,  organized  in  pursuance  of  said 
enabling  Act,  do  establish  the  following  ordinance : " 

Section  1.  The  Governor  of  the  Territory  of  Nevada  is  hereby 
authorized  to  issue  his  proclamation  for  the  sulmiission  of  this  Con- 
stitution to  the  people  of  said  Territory,  for  their  a])i:)roval  or  rejec- 
tion, on  the  day  provided  for  such  sul)inission  by  Act  of  Congress; 
and  this  Constitution  shall  be  submitted  to  the  qualified  electors 
of  said  Territory,  in  the  several  counties  thereof,  for  their  approval 
or  rejection,  at  the  time  provided  by  such  Act  of  Congress;  and 
further,  on  the  first  Tuesday  after  the  first  Monday  of  November, 
A.  D.  eighteen  hundred  and  sixty-four,  there  shall  be  a  general  elec- 
tion in  the  several  counties  of  said  Territory  for  the  election  of  State 
officers,  Supreme  and  District  Judges,  members  of  the  Legislature, 
Representative  in  Congress  and  three  Presidential  Electors. 

Sec.  2.  All  persons  qualified  by  the  laws  of  said  Territory  to  vote 
for  Representatives  to  the  General  Assembly  on  the  said  twenty-first 
day  of  March,  including  those  in  the  army  of  the  United  States,  both 
\vithin  and  beyond  the  boundaries  of  said  Territory,  and  also  all 
persons  who  may,  by  the  aforesaid  laws,  be  qualified  to  vote  on  the 
first  AVednesday  of  Se])teinber,  A.  D.  eighteen  hundred  aiul  sixty- 
four,  including  those  in  the  aforesaid  army  of  the  United  States, 
within  and  without  the  boundaries  of  said  Territory,  may  vote  for 
the  ado])tion  or  rejection  of  said  Constitution,  on  the  day  last  above 
named.  In  voting  upon  this  (^institution  ea<"]i  elector  shall  dejiosit 
in  the  ballot  box  a  ticket,  whereon  shall  be  clearly  written  or  printed 
"  Constitution — Yes  "  or  "  Constitution — No,"  or  such  other  words 
that  shall  clearly  indicate  the  intention  of  the  elector. 

Sec.  8.  All  ]iersons  qualified  l)v  the  laws  of  said  Territory  to  vote 
on  the  Tuesday  after  the  first  Monday  of  November,  A.  D.  eighteen 
hundred  and  sixty-four,  including  those  in  the  army  of  the  I^^nited 
States,  Avithin  and  beyond  the  boundaries  of  said  Territorv.  mav  vote 


a  This  ordinance  is  now  only  historical. 


2430  Nevada— 1864 

oii  the  day  last  above  named  for  State  officers.  Supreme  and  District 
Judges,  members  of  the  Legislature,  Representative  in  Congress  and 
three  Presidential  Electors  to  the  Electoral  College. 

Sec.  4.  The  elections  provided  in  this  ordinance  shall  be  holden  at 
such  places  as  shall  be  designated  by  the  Boards  of  Commissioners 
of  the  several  counties  in  said  Territory.  The  Judges  and  Inspectors 
of  said  elections  shall  be  appointed  by  said  Commissioners,  and  the 
said  elections  shall  be  conducted  in  conformity  with  the  existing 
laws  of  said  Territory  in  relation  to  holding  the  general  election. 

Sec,  5.  The  Judges  and  Inspectors  of  said  elections  shall  carefully 
count  each  ballot  immediately  after  said  elections  and  forthwith 
make  duplicate  returns  thereof  to  the  Clerks  of  the  said  County  Com- 
missioners of  their  respective  counties;  and  said  Clerks,  within 
fifteen  daws  after  said  election,  shall  transmit  an  abstract  of  the  votes, 
including  the  soldiers'  vote,  as  herein  provided,  given  for  State  offi- 
cers. Supreme  and  District  Judges,  Eepresentative  in  Congress  and 
three  Presidential  Electors,  enclosed  in  an  envelope,  by  the  most  safe 
and  expeditious  conveyance,  to  the  Governor  of  said  Territory, 
marked  "  Election  Returns." 

*  Sec.  6.  Upon  the  receipt  of  said  returns,  including  those  of  the 
soldiers'  vote,  or  within  twenty  days  after  the  election,  if  said  returns 
be  not  sooner  received,  it  shall  be  the  duty  of  the  Board  of  Canvas- 
sers, to  consist  of  the  Governor,  United  States  District  Attorney  and 
Chief  Justice  of  said  Territory,  or  any  two  of  them,  to  canvass  the 
returns  in  the  presence  of  all  who  may  wish  to  be  present,  and  if  a 
majority  of  all  the  votes  given  upon  this  Constitution  shall  be  in  its 
favor,  the  said  Governor  shall  immediately  publish  an  abstract  of 
the  same,  and  make  proclamation  of  the  fact  in  some  newspaper  in 
said  Territory,  and  certifv^  the  same  to  the  President  of  the  United 
States,  together  with  a  copy  of  the  Constitution  and  ordinance.  The 
said  Board  of  Canvassers,  after  canvassing  the  votes  of  the  said 
November  elections,  shall  issue  certificates  of  election  to  such  persons 
as  were  elected  State  officers.  Judges  of  the  Supreme  and  District 
Courts,  Representative  in  Congress  and  three  Presidential  Electors. 
^Alien  the  President  of  the  United  States  shall  issue  his  proclamation 
declaring  this  State  admitted  into  the  Union  on  an  equal  footing 
with  the  original  States,  this  Constitution  shall  thenceforth  be  or- 
dained and  established  as  the  Constitution  of  the  State  of  Xevada. 

Sec.  7.  For  the  purpose  of  taking  the  vote  of  the  electors  of  said 
Territory  who  may  be  in  the  army  of  the  United  States,  the  Adjutant- 
General  of  said  Territory  shall,  on  or  before  the  fifth  day  of  August 
next  following,  make  out  a  list  in  alphabetical  order,  and  deliver  the 
same  to  the  Governor,  of  the  names  of  all  the  electors,  residents  of 
said  Territory,  who  shall  be  in  the  army  of  the  Ignited  States,  stating 
the  number  of  the  regiment,  battalion,  squadron,  or  battery  to  which 
he  belongs,  and  also  the  county  and  township  of  his  residence  in  said 
Territory. 

Sec.  8.  The  Governor  shall  classify  and  arrange  the  aforesaid  re- 
turned list,  and  shall  make  therefrom  separate  lists  of  the  electors 
belonging  to  each  regiment,  battalion,  squadron  and  battery  from  said 
Territory,  in  the  service  of  the  United  States,  and  shall,  on  or  before 

*  Obsolete. 


Nevada— 1864  2431 

the  fifteenth  day  of  August  following  transmit,  by  mail  or  otherwise, 
to  the  commanding  officer  of  each  regiment,  battalion,  squadron  and 
battery,  a  list  of  electors  belonging  thereto,  Avhich  said  list  shall 
specify  the  name,  residence  and  rank  of  each  elector  and  the  company 
to  which  he  belongs,  if  to  any,  and  also  the  county  and  township  to 
which  he  belongs,  and  in  which  he  is  entitled  to  vote. 

*  Sec.  9.  Between  the  hours  of  nine  o'clock  a.  m.  and  three  o'clock 
p.  m.,  on  each  of  the  election  days  hereinbefore  named,  a  ballot  box, 
or  suitable  receptacle  for  votes,  shall  be  opened,  under  the  immediate 
charge  and  direction  of  three  of  the  highest  officers  in  command,  for 
the  reception  of  votes  from  the  electors  whose  names  are  upon  said 
list,  at  each  place  Avhere  a  regiment,  battalion,  squadron,  or  battery 
of  soldiers  from  said  Territory,  in  the  army  of  the  United  States,  may 
be  on  that  day,  at  Avhich  time  and  place  said  elector  shall  be  entitled 
to  vote  for  all  officers  for  which,  by  reason  of  their  residence  in  the 
several  counties  in  said  Territory,  they  are  authorized  to  vote,  as  fully 
as  they  would  be  entitled  to  vote  in  the  several  counties  or  townships 
in  which  they  reside,  and  the  votes  so  given  by  such  electors,  at  such 
time  and  place,  shall  be  considered,  taken  and  held  to  have  been  given 
by  them  in  the  respective  counties  and  townships  in  which  they  are 
resident. 

Sec.  10.  Each  ballot  deposited  for  the  adoption  or  rejection  of  this 
Constitution,  in  the  army  of  the  United  States,  shall  have  distinct!}'' 
written  or  printed  thereon  "  Constitution — Yes,"  or  ''  Constitution — 
No,"  or  words  of  a  similar  import;  and,  further,  for  the  election  of 
State  officers,  Supreme  and  District  Judges,  members  of  the  Legisla- 
ture, Representative  in  Congress,  and  three  Presidential  Electors,  the 
name  and  office  of  the  person  voted  for  shall  be  plaiidy  written  or 
l)rinted  on  one  piece  of  paper.  The  name  of  each  elector  voting  as 
aforesaid  shall  be  checked  upon  the  said  list,  at  the  time  of  voting,  by 
one  of  the  said  officers  having  charge  of  the  ballot  box.  The  said 
officers  having  charge  of  the  election  shall  count  the  votes  and  com- 
pare them  with  the  checked  lists  immediately  after  the  closing  of  the 
ballot  box. 

Sec.  11.  All  the  ballots  cast,  together  with  the  said  voting  list, 
checked  as  aforesaid,  shall  be  immediately  sealed  up  and  sent  forth- 
with to  the  (xovernor  of  said  Territory,  at  Carson  City,  by  mail  or 
otherwise,  by  the  commanding  officer,  who  shall  make  out  and  certify 
duplicate  returns  of  votes  given,  accoi'ding  to  the  foi-ms  hereinafter 
prescribed,  seal  up  and  innne<liately  transmit  the  same  to  the  said 
Governor,  at  Carson  City,  by  mail  or  otherwise,  the  day  following  the 
transmission  of  the  ballots  and  the  voting  list  herein  named.  The 
said  commanding  officer  shall  also  immediately  transmit  to  the  several 
County  Clerks  in  said  Territory,  an  abstract  of  the  votes  given  at  the 
general  election  in  November,  for  county  officers,  marked  "  Election 
Returns." 

Sec.  12.  The  forms  of  returns  of  votes  to  l)e  made  by  the  connnand- 
ing  officer  to  the  (iovernor  and  County  Clerks  of  said  Territory  shall 
be  in  substance  as  follows,  viz: 

*  Obsolete. 


2432  Nevada— 1864- 

Returns  of  soldiers'  votes  in  the   (here  insert  the  regiment,  detach- 
ment, battalion,  squadron  or  battery) 

(For  first  eleftion — On  the  Constitution  i 
I, ,  hereby  certify  that  on  the  first  ^Wednesday  of 


September,  A.  D.  eighteen  hundred  and  sixty-four,  the  electors  be- 
longing to  the  (here  insert  the  name  of  the  regiment,  detachment, 
battalion,  squadron,  or  battery)  cast  the  following  number  of  votes 
for  and  against  the  Constitution  for  the  State  of  Nevada,  viz: 

For  Constitution — (number  of  votes  written  in  full  and  in  figures). 

Against  Constitution — (number  of  votes  written  in  full  and  in 
figures) . 

(Second  election — For  State  and  other  officers.) 

I, ,  hereby  certify,  that  on  the  first  Tuesday  after  the 

first  Monday  in  November,  A.  D.  eighteen  hundred  and  sixty-four, 
the  electors  belonging  to  the  (here  insert  as  above)  cast  the  following 
number  of  votes  for  the  several  officers  and  persons  hereinafter 
named,  viz: 

For  Governor — (names  of  persons  voted  for,  number  of  votes  for 
each  person  voted  for,  written  in  full,  and  also  in  figures,  against  the 
name  of  each  person). 

For  Lieutenant-Governor — (names  of  candidates,  number  of  votes 
cast  for  each  written  out  and  in  figures  as  above). 

Continue  as  above  till  the  list  is  completed. 

Attest:  1.  A.  B. 

Commanding  officer  of  the  (here  insert  regiment,  detachment, 

battalion,  squadron,  or  battery,  as  the  case  may  be). 

Sec.  13.  The  Governor  of  this  Territory  is  requested  to  furnish 
each  commanding  officer,  within  and  beyond  the  boundaries  of  said 
Territory,  proper  and  sufficient  blanks  for  said  returns. 

Sec.  14.  The  provisions  of  this  ordinance  in  regard  to  the  soldiers' 
vote  shall  apply  to  future  elections  under  this  Constitution,  and  be  in 
full  force  until  the  Legislature  shall  provide  by  law  for  taking  the 
votes  of  citizens  of  said  Territory  in  the  army  of  the  United  States. 

Done  in  convention,  at  Carson  City,  the  twenty-eighth  day  of  July, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-four, 
and  of  the  independence  of  the  United  States  the  eighty-ninth,  and 
signed  by  the  delegates. 

J.  Neely  Johnson, 
President  of  the  Convention  and  Delegate  from  Ormsby  county. 

Wm.  M.  Gillespie,  Secretary. 


NEW  HAMPSHIRE 


For  orfiMiiic  acts  relating  to  the  lands  now  inc-hidod  witliin  New   llaiii[isliire 
see  in  other  parts  of  this  work: 

Virginia  Charter  of  ICOU  (Virginia,  p.  3783). 
Conned  for  New  Kngland.  1020  (Massachusetts,  p.  I,s27t. 
Charter  of  Massaehnsetts  Bay.  1(>29   (Massachnsetts.  p.  lS4(i). 
Commission  to  Andros.  ItJyS  (Massacluisetts,  p.  1803). 


GRANT  OF  NEW  HAMPSHIRE  TO  CAPT.  JOHN  MASON,  7TH  OF 
NOVEMR.,  1629-" 

This  Indenture  made  y®  Seaventh  day  of  Xovomb'"  Anno  DoniV 
1029  &  in  y*"  ffifth  y'^earo  of  y^  Reigiie  of  our  Soveraio-no  Lord  Charles 
by  y^  Grace  of  God  Kin<>-  of  EngLand  Scothuid  Ifrance  &  Irehind 
Defender  of  the  tfaith  Ac  .Between  y"^  President  &  Councell  of  new 
Enghmd  on  the  one  partie  &  Cap^  John  Mason  of  London  Esq""  on  y^ 
other  partie  AVittnesseth  y'  whereas  our  late  Soveraigne  Lord  of 
ffainious  Memory  King  James  for  y'^  makeing  a  Phmtation  &  estab- 
lishing of  a  Colony  or  Colonyes  in  the  Countrey  called  or  knowen  by 
y^  name  of  New  Enghmd  in  America  did  ])y  his  higlmoss  letters 
patents  under  y*^  greate  Scale  of  England  bearing  date  att  Westmin- 
ster y^  third  day  of  Xovemb'"  in  y*"  Eighteenth  yeare  of  his  Heigne  give 
grant  &  confirmc  unto  y"  l\ight  hon"'^  Lodowick  Duke  of  Lenox 
George  marquis  of  Buckingham  James  marquis  of  Hamilton  Thomas 
Earle  of  Arundell  Kobert  Earle  of  Warwick  S""  Eerdinando  Gorges 
Kn^  &  divers  others  whose  names  are  exj^ressed  in  y'^  said  letters  pat- 
ents their  heyres  &  assignes.  That  they  shall  be  one  bodye  i)<)litic(]ue 
&  corporate  perpetuall  &  y^  they  should  have  perpetuall  Succession 
&.  one  com'on  scale  or  Scales  to  serve  for  y*^  Said  bodye  I't  that  they 
1*^  (heir  Successo""^  shalbe  known  called  &  incori)orated  by  y"  name 
of  president  &  Councell  established  at  Plymouth  for  y''  planting 
ruling  &  Governing  of  New  England  in  .Vmerica  and  also  did  of 
his  especiall  (irace  certaino  knowledge  and  me^r  motion  for  him 
his  heyres  &  Successors  give  grant  &  confirme  mito  y^  said  President 
&  Councell  &  their  Successors  under  y^  reservac'ons  limitac'ons  tt 

*  Historical  Collections;  Consistinj;  of  State  Tapers,  and  other  anthentie 
Dncuments:  intended  as  Material  for  an  History  of  the  United  States  of 
America.  P>v  Khenezer  Hazard,  riiiladelphia.  printed  liv  T.  Dodson.  for  the 
Author  MDCCXCII.     I.  2S!)-2i)r). 

For  all  the  New  Hampshire  (Jrants.  Charters.  Leases.  Deeds.  Royal  Instruc- 
tions l(i2U-174(>,  and  later  orj^anie  acts  to  177(>  see  New  Hampshire  State  Pa- 
pers, lEdited  hy  Hon.  A.  S.  Batchellorl  Vol.  XXIX.  Concord.  N.  H..  ISiKi: 
also.  Laws  of  N"w  Hampshire,  Vol.  I,  Province  Period.  1(i7n-1702.  .Manchester. 
X.  H..  1904. 

(1  Now  Hampshire  State  Papers.  XXIX.  Vol.  VI.  pp.  28-33. 

7253— VOL  3—07 39  2433 


2434  New  Hampshire — 1629 

declarac'ons  in  y^  s^  letters  patents  expressed.  All  y*  part  &  porc'on 
of  y'  Countrey  now  commonly  called  New  England  W^^''  is  scittiiate 
lying  &  being'  between  y^  latitude  of  fforty  degrees  &  ffourty  Eight 
of  Northerly  latitude  together  w'''  y''  Seas  &  Islands  lying  wHw  one 
hundred  miles  of  any  part  of  y*'  s*^  Coaste  of  y*"  Countrey  afores'^ 
&  also  all  y"  lands  Soyle  grounds  havens  ports  rivers  mines  as  well 
Eoyall  mignes  of  Gold  &  Silver  as  other  mines  mineralls  pearls  & 
l^retious  Stones  woods  quarryes  marshes  waters  ifishings  hunting 
hawking  fowling  commodityes  &.  hereditaments  whatsoever  together 
w"'  all  perogatives  Jurisdicc'ons  Royaltyes  pliviledges  franchises  & 
preheminences  within  an};^  of  y^  s*^  Territoryes  &  y*"  precincts  thereof 
Avhatsoever  To  have  hold  possess  &  Injoye  all  &  singular  y'^  said 
lands  &  premisses  in  y*"  said  letters  patents  granted  or  menc'oned  to 
be  granted  unto  them  y^  s^  President  &  Councill  their  Successors  & 
Assignes  for  ever  to  be  holden  of  his  Ma''^  his  heirs  &  Successors  as 
of  his  Highness  ]\Ian'or  of  East  Greenwich  in  y''  County  of  Kent 
in  free  &  com'on  Succage  &  not  in  Capite  or  by  Kinghts  Service 
yeelding  &  paying  to  y^  Kings  Ma*""  his  heirs  &  Successors  y*"  one 
ififth  part  of  all  gold  &  silver  oare  y'  from  time  to  time  &  at  all 
times  frome  y*"  date  of  y*"  said  letters  patents  shalbee  there  gotten 
had  or  obteyned  for  all  services  dutyes  or  demands  as  in  &  by  his 
highness  said  letters  patents  amongst  diverse  other  things  therein 
conteyned  more  fully  and  at  large  it  doth  &  may  appeare  And 
whereas  y"  said  President  &■  Councell  have  upon  mature  deliberac'on 
thought  fitt  for  y^  better  furnishing  &  furtherance  of  y®  plantac'on 
in  those  parts  to  appropriate  &  allott  to  severall  &  particular  per- 
sons divers  parcells  of  land  w*''in  y^  precints  of  y''  afores*^  granted 
premises  by  his  Ma"*"^  s**  letters  patent.  Now  this  Indenture  witt- 
nesseth  y'  y^  s"^  President  &  Councill  of  their  full  free  &  mutuall 
consent  as  well  to  y®  end  y'  all  y^  lands  woods  lakes  rivers  watters 
Islands  &  fishings  w"'  all  other  y*"  traficques  profitts  &  Comodityes 
w^soever  to  them  or  any  of  them  belonging  &  heerafter  in  these  p'nts 
menc'oned  may  be  wholy  &  intirely  invested  approj^riated  severed 
&  setled  in  &  upon  y®  s^  Cap'  John  Mason  his  he3'res  &  Assignes 
for  ever  or  for  diverse  speciall  services  for  y*^  advancem*  of  y^  s*^ 
plantac'ons  &  other  good  &  Sufficient  causes  &  considerac'ons  them 
especially  thereunto  moveing  Have  given  granted  bargained  sould 
assigned  Aliened  sett  over  enfeoffed  &  confirmed  And  by  these 
p'nts  doe  give  grant  bargaine  sell  assigne  alien  sett  over  enfeoffe 
and  confirme  unto  y""  s"^  Cap*  John  Mason  his  heyres  and  assignes  All 
y*  part  of  y^  Maine  land  in  New  England  lying  upon  y^  sea  Coaste 
begining  from  y^  Middle  part  of  Merrimack  River  &  from  thence 
to  proceed  Northwards  along  y''  Sea  coaste  to  passcattaway  river 
&  soe  forwards  up  w'^'^in  y^  s''  river  &  to  y®  furthest  head  thereof  & 
from  thence  Northwestwards  untill  Threescore  miles  be  finished  from 
y^  ffirst  entrance  of  jDasscattaAvay  river  &  also  from  Merrimacke 
through  y''  s*^  River  &  to  y*^  furthest  head  thereof  &  soe  forward  up 
into  y^  land  Westwards  untill  Threescore  miles  be  finished  and 
from  thence  to  cross  over  land  to  y^  Threescore  miles  end  accounted 
from  passcattaway  river  together  w**^  all  Islands  &  Isletts  w^'^in  five 
leagues  distance  of  y^  premises  &  abutting  upon  y®  same  or  any 
parte  or  parcell  thereof  as  also  all  y*'  lands  soyle  grounds  haA'ens 
ports  rivers  mines  Mineralls  pearles  pretious  stones  woods  quarreys 


New  Hampshire — 1629  2435 

marshes  waters  fishin<rs  hunting  haAvkin^^  fowling  &  other  connnodi- 
tyes  &  hereditani'''  w^  soever  w"'  all  &  singular  their  appurten'ces 
together  w"'  all  prerogatives  rights  royaltyes  Jurisdicc'ons  priviledges 
franchises  rights  royaltyes  Jurisdicc'ons  priviledges  franchises  lib- 
irties  preheniinences  marine  power  in  &  upon  y®  s"^  Seas  &  rivers  as 
allso  all  escheats  &  casualtyes  tlierof  as  flotson  Jetson  lagon  w^** 
anchorage  &  other  such  dutyes  inrunityes  sects  isletts  &  appurten'ces 
w*  soever  \v"'  all  y"  estate  right  title  interest  claime  &  demand  w' 
soever  w^*"  y^  s*^  president  &  Councell  &  their  Successors  of  Right 
ought  to  have  or  Claime  in  or  to  y^  s*^  porc'ons  of  lands  rivers  &  other 
y*"  premises  as  is  afores"^  by  reason  or"  force  of  his  high'ss  s"^  letters 
patents  in  as  free  large  ample  &  beneficiall  man'er  to  all  intents  con- 
strucc^ons  &  purjwrses  ^v^soever  as  in  &  by  y^  s**  Letters  pattents  y" 
same  are  amongst  other  things  gTanted  to  y^  s"^  president  &  Coimcell 
afores"*  except  two  fifths  of  y  Oare  of  gold  &  vSilver  in  these  p'nts 
lieer  after  expressed  av*'*'  s*^  portions  of  land  w"'  y^  appurten'ces  y^ 
s^  Cap^  John  Mason  w"'  y^  consent  of  y^  president  &  Councill  intends 
to  name  Xew  Hampshire  To  have  &  to  hold  all  y°  s'^  porc'ons  of 
land  Islands  rivers  &  premises  and  all  and  singular  other  y^  comodi- 
tyes  &  hereditam*''  hereby  given  granted  aliened  enfeoffed  &  con- 
firmed or  menc'oned  or  intended  b}'  these  p'nts  to  be  given  granted 
aliened  enfeoffed  &  confirmed  w^''  all  &  singulor  y"  ap]Mirten'ces  Sc 
every  part  &  parcell  thereof  unto  y^  s^  Cap*^  John  Mason  his  hey  res 
&  assignes  for  ever  To  be  holden  of  his  s'^  Ma'''^  his  heires  &  Suc- 
cessors as  of  his  Highness  ^lan'or  of  East  GreeuAvich  in  y*^  County 
of  Kent  in  free  &  Com'on  soccage  &  not  in  Capite  or  bv  Kn'"  service 
nevertheless  av^''  such  excejitions  reservac'ons  limitac'ons  &  decla- 
rac'ons  as  in  y*  s*^  Letters  pattents  are  att  large  expressed  yeelding 
&  paying  unto  our  SoA-eraigne  Lord  the  King  his  heires  &  Succes- 
sors y^  fifth  part  of  all  y^  oare  of  gold  &  sih-er  y*  from  time  to  time 
&  att  all  times  heerafter  shalbe  there  gotten  had  &  obteyned  for  all 
services  dutyes  &  demands  &  also  yeelding  &  paying  unto  y^  s"'  presi- 
dent &  Councill  &  tluMr  Successors  yearly  y"  Sunfe  of  fiA'e  shilliniis 
English  mony  if  it  be  demanded.  And  y*"  s*'  ])resident  &  Councill 
for  them  &  their  Successors  doe  coA'enant  &  grant  to  &  w*^"^  y®  s* 
Caj)'  John  JNIason  his  hey  res  &  assignes  from  &  after  then  sealing 
&i  deliA'ery  of  these  p'nts  according  to  y^  purporte  true  intent  & 
meaning  of  these  p'nts  that  he  shall  from  henceforth  from  time 
to  time  for  e\'er  peaceably  &  quietly  haA^e  hold  possess  &  enjoye  all 
the  afores''  lands  Islands  rivers  &  premises,  av"^  y«  appurtences  lieerln' 
before  given  &  granted  or  menconed  or  intended  to  be  heei'by  giveii 
&  granted  &  cA'ery  part  c^  i)arcell  thereof  Av"'out  any  lett  distiirbance 
denyall  trouble  interrupc'on  or  Evicc'on  of  or  l)y  y"  s''  president  and 
Councill  or  any  person  or  persons  Av'socA^er  claiming  by  form  or 
under  them  et  their  Successors  or  by  or  under  their  estate  right 
title  or  interest  And  y^  s'^  president  and  Councill  for  them  c't  tlieir 
Successors  doe  further  covenant  &  grant  to  &  Avith  y^  s'^Cap'  John 
Mason  his  heires  &  assignes  by  these  p'nts.  That  they  y^  s^  president 
&  Councill  shall  at  all  times  hereafter  upon  reasonable  reciuest  at 
y"  only  proper  cost  and  charges  in  y*"  LaAv  of  y''  s*^  Cap'  John  Mason 
his  heires  &  assigness  doe  make  performe  sulfer  execute  &  willinglv 
consent  unto  any  farther,  act  or  acts  couA-eyance  or  conveyances 
assurance   or   assurances   w'soever   for  y'    good   i^    i)erfect    iuA'csting 


2436  New  Hampshire — 1629 

assureing  conveying  &  sure  making  of  all  y*"  afores*^  porc'ons  of  lands 
Islands  Rivers  &  all  &  singular  their  appurten'ces  to  y^  s*^  Cap'  John 
Mason  his  heires'&  Assigness  as  by  him  his  heires  &  assigness  or  by 
his  their  or  any  of  their  Counceill  learned  in  y^  law  shalbe  devised 
advised  or  required  And  further  it  is  agreed  by  &  between  y^  s'^ 
jjartyes  to  these  p'"''nts.  And  y''  s''  Cap*  John  Mason  for  him  his 
heires  &  assignes  doth  covenant  to  &  wth  y^  s"^  president  &  Councill 
&  their  Successors  by  these  p'"''nts  That  if  at  any  time  hereafter  there 
shall  be  found  any  oare  of  Gold  &  Silver  w^'Mn  y^  ground  in  any 
part  of  y^  s''  premises  That  he  then  y**  said  Cap'  John  Mason  his 
heires  &  assigness  shall  yealcl  &  pay  unto  y^  s"^  president  &  Councill 
their  Successors  and  Assigness  one  fifth  part  of  all  such  Gold  &  Sil- 
ver oare  as  shalbe  found  in  &  upon  y''  s'^  premises  &  digged  &  brought 
above  ground  to  be  delivered  above  ground  &  y'  always  w'^'in  rea- 
sonable &  convenient  time  if  it  be  demanded  after  y^  finding  dig- 
ging getting  up  of  such  oare  as  afores"^  w'^out  fraud  or  conin  & 
according  to  y^  true  intent  &  meaning  of  these  p''''nts  And  y*"  s'^ 
Cap'  John  Mason  doth  further  covenant  for  him  his  heires  &  assigness 
that  he  will  establish  such  governm'  in  y^  s"*  porc'ons  of  lands  & 
Islands  granted  unto  him  &  y^  same  will  from  time  to  time  continue 
as  shall  be  agreable  as  near  as  may  be  to  y^  law^s  &  costoms  of  y'' 
Realme  of  England  &  if  he  shall  be  charged  at  any  time  to  have  neg- 
lected his  duty  therein  y'  then  he  will  reforme  y*"  same  according  to 
ye  direction  of  y*"  president  &  Councill  or  in  Default  thereof  it 
shalbe  lawfull  for  any  of  y^  aggricA'ed  inhabitants  or  planters  being 
tennants  upon  y*"  said  lands  to  appeale  to  y®  cheif  Courts  of  Justice 
of  y"  s"^  })resident  &  Councill  And  further  that  if  y'^  s''  Cap'  John 
JMason  his  heires  &  assigness  shall  at  any  time  hereafter  alien  these 
]:)remisses  or  any  part  to  any  forraigne  Nations  or  to  any  person 
or  persons  of  any  forraigne  nation  Av"^out  y®  speciall  licence  consent 
&  agreem'  of  y^  s"^  president  &  Councill  their  Successors  or  assigness 
That  then  y^  part  or  parts  of  y''  s*^  lands  soe  aliened  shall  immediatly 
returne  back  again  to  y**  use  of  y*^  s''  president  &  Councill  And  fur- 
ther knowe  yee  y'  y"  s''  president  Sc  Councill  have  ma<le  constituted 
deputed  authorized  &  appointed  &  in  their  place  &  stead  doe  put 
(^ap'  Walter  Xeale  or  in  his  absence  to  any  other  psone  y'  shalbe 
their  Governor  or  other  officer  to  be  their  true  &  lawfull  Attorney 
&  in  their  name  &  stead  to  enter  y^  s*^  porc'ons  of  lands  &  other  y*" 
premises  w'  their  a]:)'urtences  or  into  some  part  thereof  in  y''  name 
of  y^  whole  for  them  &  in  their  name  to  have  &  take  possission  & 
seizin  thereof  or  some  pt  thereof  in  y'^  name  of  y'^  whole  soe  had 
i^'  taken.  Then  for  them  &  in  their  nams  to  deliver  y''  full  &  peace- 
able possession  &  seizin  of  all  &  singular  y*^  s"^  granted  i:)remises  unto 
y^  said  Cap'  John  IMason  or  to  his  Certaine  Attorney  or  Attornies 
in  y'"  behalf  according  to  y*"  true  intent  &  meaning  of  these  p''®nts 
ratifying  confirming  &  allowing  all  &  what  soever  y^  s*^  Attorney 
shall  doe  in  or  about  y®  premises  of  these  p'nts  in  wittness  whereof 
to  one  part  of  these  present  Indentures  remaining  in  y^  hands  of 
Cap'  John  Mason  y"  s'^  president  &  Councill  have  caused  their  com- 
mon Scale  to  be  affixed  &  to  y^  other  j^art  of  these  p'nts  Indentures 
remaining  in  y*"  custody  of  y*"  s<^  president  &  Councill  y''  s''  John 
jSIason  hath  putt  to  his  hand  &  Seal  Given  y®  day  &  yeare  first  above 
written. 


Xew  Ilampshire — 1635  2437 

GRANT   OF  THE  PROVINCE  OF  NEW  HAMPSHIRE  TO  JOHN 
WOLLASTON,  ESQ.,  AN.  1635  - 

This  Indenture  made  V  Eighteenth  (hiy  of  Aprill  in  y^  Eleaventh 
yeare  of  y*"  raigne  of  our  Soveraigne  Lord  Cliark's  by  y'"  (irace  of 
God  King  of  England  Scotthind  lirance  &  Irehmd  Defender  of  the 
ffaith  AcBetween  y  Councill  established  at  Plymouth  in  y*^  County 
of  Devon  for  y"  j^Ianting  ruleing  ordering  &  governing  of  Xew  Eng- 
land in  America  of  y''  one  part  &  John  Wollaston  citlizen  &  (lohl- 
Smith  of  London  of  y''  other  part  wittnesseth  y^  whereas  our  late 
Soveraigne  Lord  King  James  of  blessed  memory  by  his  highness 
Letters  pattents  under  y'*  great  Seale  of  England  beareing  (hite  at 
Westminster  y^  third  day  of  Xovenib""  in  y^  Eight  year  of  his  high- 
ness Raigne  over  y''  Realnie  of  England  for  y*"  considerac'on  in  y"  s'^ 
letters  patents  expressed  hath  absolutly  given  granted  i^  contirmed 
unto  y''  s'>  Councill  &  thier  Successors  for  ever  All  y""  land  of  Xew 
England  in  America  lying  &  l)eing  in  breadth  from  fourty  degrees 
of  Northerly  latitude  from  y''  Equinoctiall  line  to  fourty  eight  degrees 
of  y^  s'^  Northerly  Latytude  inclusively  c'»c  in  length  of  c^  w"'in  all  y^ 
breadth  afores''  from  Sea  to  Sea  together  alsoe  w*''  all  y^  firme  lands 
soyles  grounds  havens,  ports,  rivers  waters  fishings  mines  mineralls 
as  well  Royall  mines  of  Gold  &  Silver  as  other  mines  &  mineralls 
pretious  Stones  quarryes  &  all  &  singular  other  Comodityes  Juris- 
dic'ons  Royaltyes  priviledges  ffranchises  &  preheminences  both  w^'^in 
ye  j^d  tract  of  land  upon  y*^  maine  &  alsoe  w*''in  y"  Islands  adjoyning 
as  by  y*^  s'^  letters  pattents  amongst  divers  other  things  therein  con- 
tained more  at  large  it  doth  &  may  appeare  Now  this  Indenture  fur- 
ther wittnesseth  y'  y'^  s**  Councill  in  performance  of  an  agreem'  be- 
tween them  made  &  enacted  y^  third  day  of  Ifebruary  last  past  before 
y**  date  of  these  p'nts  &  also  for  diverse  other  good  causes  &  con- 
siderac'ons  them  y^  s''  Councill  hereunto  especially  moveing  have 
demised  granted  &  to  farme  letten  &  by  these  p'nts  doe  demise  grant 
&  to  farme  lett  unto  y^  s*^  John  AVoollaston  his  Executors  &  assignes 
all  y'  part  purpart  &  porc'on  of  y*^  Maine  Land  in  New  England 
afores''  being  from  y'"  micUlle  part  of  Naumkeck  rivei-  c^  froui  ihence 
to  j)r()('eed  Eastwards  along  y*"  Sea  Coast  to  Ca|)e  Anue  c^  round 
about  y""  same  to  l*asscattaway  harbour  &  soe  forwards  up  w"'in  y'" 
river  of  Newichewanock  c*c  to  y""  furthest  head  of  y'"  s''  River  c^  from 
thence  northwestward  till  Six  miles  be  finished  from  y""  first  enter- 
ance  of  Passcattaway  harbour  &  also  from  Naund^eck  through  y^ 
river  therof  up  into  y*"  land  west  Sixty  miles  from  w'''  period  to 
crose  over  land  to  y*"  Sixty  Miles  end  accompted  from  Passcattawy 
though  Newichewanock  to  y®  land  north  westward  afores''  i^  alsoe  all 
y'  y"  South  half  of  y*"  Isles^  of  Shoulds  together  w'"  all  other  Islands 
«&  isletts  as  well  imbayed  as  Av"'in  five  leagues  distance  froui  y  pn'ui- 
ises  or  abutting  upon  y'^  same  or  any  part  thereof  not  otherwise 
granted  to  any  by  speciall  name  and  together  alsoe  w"'  all  y'"  woods 
&  underwoods  &  trees  now  standing  growing  &  being  or  w''  may 
stand  growe  to  be  upon  y^  s"*  demised  premises  or  any  [)art  or  pacell 
thereof  w'^'^  porc'on  of  land  and  premises  are  from  hence  forth  to  be 

*  New  ITamittsliiro  State  Tapers.  XXIX.  Vol.  VI.  pp.  04-66. 


2438  New  Hampshire — 1635 

called  by  y^  name  of  New  Hampshire  And  alsoe  y®  s'^  Conncill  for 
y^  considerac'ons  afores'^  have  demised  granted  &  to  farme  letten  & 
by  these  p'nts  doe  demise  grant  &  to  farme  lett  unto  y^  s'^  John 
Wallaston  his  Executors  &  assignes  all  j*  other  parcell  of  lands  woods 
&  wood  grounds  lying  on  y^  South  east  part  of  ye  river  of  Sagada- 
hock  in  y"  North  east  part  of  New  England  afors'^  att  \^  mouth 
&  entrance  therof  conteining  &  to  contain  tenn  Thousand  Acres  to- 
gether alsoe  w"^  all  y'^  woods  under  woods  &  trees  of  y*^  same  other 
parcell  of  land  &  wood  ground  shall  from  hence  forth  be  called  by 
y^  name  of  Masonia  And  asoe  y''  s''  Councill  for  y**  considerac'ons 
afores''  have  demised  granted  &  to  farme  letten  &  by  these  p'nts  doe 
demise  grant  &  to  farme  lett  unto  y^  s'^  John  Wollaston  his  execto''^ 
&  assignes  together  w**"  all  y®  s'^  lands  &  Islands  and  premises  all  y" 
soyles  groinids  havens  ports  rivers  watters  ffishings  mines  &  miner- 
alls  as  well  Royall  mines  of  Gold  &  Silver  as  other  mines  mineralls 
pretious  Stones  quarreys  &  all  &  Singular  other  Com'odityes  Juris- 
dicc'ons  royalltyes  priviledges  franchises  &  preheminences  both  w'^in 
ye  s<i  tracts  of  land  upon  y''  Maine  &  alsoe  w"*in  y*^  s*^  Islands  or  any 
of  y^  s*'  demised  premises  and  together  alsoe  ^\^^  all  rents  reserved 
upon  y""  premises  or  y*^  any  part  or  parcell  thereof  perquisitts  & 
profitts  of  Courts  Deodands  waives  &  straies  goods  of  felons  &  fugi- 
tives escheats  &  all  other  casuall  profitts  w*^  soever  ariseing  or  w''* 
may  hereafter  arise  out  of  y^  s"^  Demised  premises  or  out  of  any  part 
or  parcell  therof  Savein  excepting  &  reserveing  only  out  of  this 
p'nte  demised  or  granted  y"  fifth  part  of  all  y''  Gold  &  Silver  oare 
due  to  his  Ma''*'  his  heires  &  Successors  &  in  &  by  y*"  s"^  Recited  letters 
pattents  recovered  To  have  hold  &  enjoy  all  &  singular  y^  s'^  lands 
Islands  &  all  other  the  s''  demised  premises  w"^  their  &  every  of  their 
appurtences  unto  y**  s*^  John  Wollaston  his  executors  &  assigness  from 
y"  day  of  y*"  date  heerof  unto  y^  full  end  &  terme  of  three  Thousand 
Yeares  from  thence  forth  next  &  imediatly  ensuing  &  fully  to  be 
compleate  &  ended  w'^'out  impeachment  of  any  maner  of  wast  &  also 
with  full  Power  to  doe  &  comitt  of  man'er  of  wast  either  in  y'^  selling 
felling  or  cutting  of  any  timber  trees  woods  &  underwoods  or  in  y® 
new  opening  of  any  mines  of  Gold  or  Silver  or  any  other  Mines  w' 
soever  &  also  w'^  full  power  licence  &  authority  to  sell  fell  cutt  downe 
carrey  &  dispose  of  to  his  &  their  owne  proper  use  &  behoofe  att  his 
&  their  free  will  &  pleasure  all  &  singular  y*'  s*^  woods  &  underwoods 
&  trees  &  alsoe  to  digge  &  car'y  a  Avay  or  other  wise  dispose  of  all  or 
any  y^  soyle  mines  pretious  Stones  &  quarreys  &  to  convert  &  imploy 
or  other  wise  enjoy  y^  same  as  fully  freely  &  in  as  large  ample  bene- 
ficiall  man'er  to  all  intents  &  purposes  as  they  y^  s*^  Councill  or 
any  of  them  by  vertue  of  y^  s'^  recitted  letters  pattents  may  might 
or  ought  to  have  hold  &  enjoy  y''  same  Yeelding  &  paying  therfore 
yearly  dureing  y''  s'^  terme  one  peper  Corne  to  l)e  lawfully  demanded 
In  wittness  wherof  to  y^  one  part  of  this  p'nte  Indenture  remaining 
in  y'^  hands  of  y''  s'^  John  Wollaston  they  y^  s*^  Councill  have  fixed 
their  Com'on  seale  to  y^  other  part  of  this  p'nte  Indenture  remaining 
in  y^  hands  of  y"  s"^  Councill  y'^  s*^  John  Wollaston  hath  sett  his  hand 
&  seale  dated  y^  day  &  yeare  first  above  written  Annoqe  Dom'  1035 


New  Hampshire — 1635  2439 


GRANT  OF  THE  PROVINCE  OF  NEW  HAMPSHIRE  FROM  MR. 
WOLLASTON  TO  MR.  MASON,  11th  JUNE,  1635  - 

This  Indenture  Made  the  ll***  day  of  June  in  the  11*^  j^eare  of  y^ 
Eaione  of  onr  Soveraign  Lord  Charles  by  the  grace  of  God  King 
of  Enghind  Scothind  tfrance  &  Ireland  Defender  of  y*^  ffaith  &c^ 
Between  John  Wolastou  Citizen  &  Goldsmith  of  London  of  the  one 
part  and  Cap'  John  ]Mason  Esq'"  of  the,  other  part  Witnesseth  that 
whereas  y^  Councill  of  New  England  by  their  Indenture  under  their 
Com'on  Seale  bearing  date  the  18'^  day  of  Aprill  last  past  before  the 
Date  hereof  made  betAveen  y'^  Said  Councill  by  y*"  Name  of  y*"  Councill 
Established  at  Plymouth  "^in  y^  County  of  Devon  for  y*^  planting 
ordering  ruling  &  Governing  of  New  England  in  America  of  y*"  one 
part  &  y^  Said  John  AVollaston  by  the  name  of  John  Wollaston 
Citizen  &  Goldsmith  of  London  of  the  other  part  for  the  Consid- 
erac'ons  in  the  same  Indenture  contained  have  demised  granted  and 
to  Farme  Letten  unto  the  Said  John  Wollaston  his  Executors  and 
Assignes,  All  that  part  purport  and  porc'on  of  the  Maine  Land  of 
Xew  England  aforesaid  beginning  from  the  Middle  part  of  Xaum- 
keck  River  and  from  thence  to  proceed  Eastwards  along  the  Sea 
Coast  to  Cape  Anne  and  round  about  the  Same  to  Passcattaway 
Harbour  and  alsoe  from  Xaumkeck  through  the  River  thereof  upp 
into  the  Land  AVest  Sixty  Miles  from  w'^''  period  to  Cross  over  Land 
to  the  Sixty  Miles  end  accounted  from  Passcattaway  through  Xew- 
ichewanock  river  to  the  Land  Northwestwards  aforesaid  and  alsoe 
all  that  the  South  half  of  the  Isles  of  Shoalds  togeather  with  all 
other  Islands  &  Isletts  as  well  imbaid  as  within  ffive  Leagues  distance 
from  the  p'"mises  and  abutting  upon  the  Same  or  any  part  or  parcell 
thereof  not  otherAvise  granted  to  any  by  Sjieciall  Name,  And  to- 
geather also  Mith  all  woods  underwoods  and  trees  now  Standing, 
growing  &  being,  or  w'^'^  hereafter  Shall  or  may  stand  grow  or  bee 
in  and  upon  the  Said  Porc'ons  of  Lands  &  other  the  Premises  All  w''^ 
part  &  porc'ons  of  Lands  Islands  and  premises  are  from  then(;e  forth 
to  be  called  by  the  Name  of  Newhampshire.  And  whereas  alsoe  the 
Said  Councill  for  the  considerac'ons  aforesaid  have  demised  granted 
&  to  farme  Letten  unto  the  said  John  Wollaston  his  Exec""^  and  As- 
signes all  that  other  parcell  or  porc'on  of  Lands  Avoods  i^;  wood 
grounds  lying  on  the  Southeast  part  of  the  River  of  Sagadahock  in 
New  England  aforesaid  at  the  mmith  or  entrance  thereof  containing 
&  to  containe  there.  Ten  Thousand  Acres  togeather  al<o  with  all  the 
woods  underAvoods  c^  trees  of  the  same  av'''  said  other  parcell  of 
Lands  from  thenceforth  is  to  be  called  by  the  name  of  Masonia.  And 
AMiereas  moreover  the  Said  Councill  for  the  Considerac'ons  afore- 
said liaAe  demised  granted  &  to  Farme  letten  unto  the  Said  John 
Wollaston  his  Executors  and  Assignes  together  Avith  the  Said  Lands 
Islands  and  premises  all  the  Soyles,  grounds,  haA^ens,  Ports,  RiA'ers 
Avaters,  ffishings,  Mines,  &.  Mineralls  as  Avell  Royall  ]\Iines  of  Gold 
and  Sih'er  as  other  Mines  &  Mineralls  j)retious  Stones  Quarries  and 
all  and  Singular  other  Comodityes,  Jurisdictions  Kovaltyes  i)rivil- 
edges  ffranchises  and  preheminences  both  Avithin  the  said  Tracts  of 

*  New  Hauipshiro  State  Papers,  XXIX,  Vol.  VI,  pp.  66-69. 


2440  New  Ham])shire — 1635 

Land  upon  the  maine,  &  alsoe  wilhin  the  Said  Islands  or  any  the 
Said  demised  premises.  And  also  all  rents  reserved  upon  the  premises 
or  any  part  or  Pareell  thereof  perquisitts  &  profitts  of  Courts  Deo- 
dands  waives  &  strayes  goods  of  tielons  &  fugitives  escheats  &  all 
other  casuall  proffitts  whatsoever  arising  or  which  may  hereafter 
arise  out  of  the  Said  Demised  premises  or  out  of  any  part  or  pareell 
thereof  under  Such  reservac'ons  as  in  the  Said  Lease  are  excepted  & 
reserved  To  have  t^  to  hold  &  enjoy  all  &  Singular  the  Said  Lands 
Islands  and  all  other  the  Said  Demised  premises  with  their  &  every 
of  their  appurten'ces  unto  the  Said  John  Wollaston  his  Execut'"'  and 
assignes  from  the  Day  of  the  Date  of  the  Said  Indenture  of  Demise 
unto  the  full  end  &  demise  of  three  thousand  yeares  from  thenceforth 
next  &  imediatly  ensuing  &  fully  to  bee  compleated  &  ended  without 
impeachment  of  any  manner  of  wast  for  and  under  the  yearly  Rent 
of  one  pepper  Corne  payable  if  it  be  Lawfully  Demanded  as  in  &  by 
the  said  Indenture  of  Demise  more  at  large  it  doth  &  may  appeare 
which  said  Indenture  of  Demise  was  made  unto  the  said  John  Wol- 
laston by  &  with  the  consent  of  the  Said  Cap'  John  Mason  in  trust 
only  for  the  benefit  c^  behoofe  of  him  the  said  Cap!  John  ^lason 
his  Executors  &  Assignes.  Now  therefore  this  Indenture  further  witt- 
nesseth  That  the  Said  John  "Wollaston  in  pformance  of  the  Trust  in 
him  reposed  &  also  for  divers  other  good  causes  &  considerac'ons  him 
hereunto  especially'  moving  hath  granted  assigned  lett  over  &  con- 
firmed &  by  these  p'sents  doth  grant  assigne  lett  over  &  confirme  unto 
y'^  said  Cap'  John  Mason  his  Executors  &  Assignes  All  that  the  Said 
part  purport  &  porc'on  of  Lands  called  Xew  Hampshire  &  all  & 
Singular  other  the  said  Demised  premises  with  their  &  every  of  their 
appurtanences  in  y'^  said  Indenture  contained  Together  with  the  said 
recited  Indenture  of  Demise  and  all  y'"  right  title  Interest  terme  of 
yeares  Claime  &  demand  of  him  the  Said  John  Wollaston  of  in  &  to 
y'^  Same  or  any  part  or  pareell  thereof  &  all  the  benefitt  profitt  advan- 
tage &  Com'odity  whatsoever  which  shall  or  ma}'^  bee  had  by  the 
same,  To  have  hold  &  Enjoye  the  Said  part  purport  &  porc'on  of 
Lands  called  Xew  Hampshire  &  all  &  Singular  other  the  Said 
premises  with  their  &  every  of  their  appurten'ces  and  also  all  the 
right  title  and  interest  of  the  Said  John  Wollaston  of  in  &  to  the  same 
or  any  part  or  pareell  thereof  unto  the  said  Cap'  John  Mason  his 
Execut'''  and  Assignes  from  the  da}'  of  the  Date  of  these  presents  for 
and  During  all  y*"  residue  of  the  Terme  of  Three  thousand  3'eares  yet 
to  come  an  unexpired  in  y*^  same  'for  and  under  the  reservac'ons  of 
Rents  in  the  said  recited  Indenture  contained  as  fully  freelj'  &  in  as 
large  ample  &  beneficiall  ]Manner  and  forme  to  all  intents  &  purposes 
Avhatsoever  as  he  the  said  John  Wollaston  his  Execuf''  and  assigns 
or  any  of  them  may  might  or  ought  to  have  hold  &  enjoye  the  same 
by  vertue  of  the  recited  lui'enture  of  Demise  or  otherwise  In  witness 
whereof  the  said  partyes  to  these  p'"sent  Indentures  interchangeably 
have  sett  their  hands  &  Seales  the  Dav  &  veare  first  above  Avritten. 


New  Hampshire— 16S5  2441 

GRANT  OF  THE  PROVINCE  OF  NEW  HAMPSHIRE  TO  MR.  MASON. 
22  APRILL,  1635,  BY  THE  NAME  OF  MASONIA  •= 

To  all  Christian  people  unto  whonio  these  p'lits  shall  come  The 
Councill  for  y*'  affaires  of  New  England  in  America  send  irreeting 
in  our  Lord  God  ever  lasting  Wereas  our  late  Soveraigne  Lord  King 
James  of  blessed  memory  by  his  Highness  Le'rs  patents  under  y 
great  seal  of  England  beareing  date  at  Westminster  5^^,  third  day  of 
Xovemb""  in  y^  Eighteenth  3^ear  of  his  Raigne  over  his  Highness 
Realme  of  England  for  y^  Considerac'ons  in  y®  s"^  Le'rs  patents  ex- 
presed  and  declared  hath  absoelutly  given  granted  &  confirmed  unto 
y^  s"^  Councill  &  their  Successors  for  ever  All  y*"  land  of  New  England 
in  America  lying  &  being  in  breadth  from  fourty  degrees  of  Northerly 
latitude  from  y*"  Ecjuinoctiall  line  to  fourty  Eight  Degrees  of  y'',  s'' 
Northerly  latitvule  inclusively  &  in  length  of  &  Av'''in  all  y*"  breadth 
a  fores'^  from  Sea  to  Sea  together  alsoe  w""  all  y"  firme  lands  soyles 
ground  havens  ports  rivers  waters  ffishings  mines  &  Mineralls  as  well 
Royal  mines  of  Gold  and  Silver  as  other  mines  minerals  pretious 
stones  quarreys  &  all  &  singular  other  comodityes  Jurisdicc'ons  R03'- 
altys  priviledges  ffranchises  &  preheminences  both  Av"'in  y^  s**  tract 
of  land  upon  y*"  maine  &  alsoe  Av"'in  y*"  Islands  and  seas  adjoyning 
as  by  y^  s*^  Le'rs  pattents  amonst  diverse  other  things  therein  con- 
tained more  at  large  it  doth  &  may  appeare  now  knowe  all  men  by 
these  p'nts  y'  y^  s*^  Councill  of  New  England  in  America  being  as- 
sembled in  publique  Court  according  to  an  act  made  &  agreed  upon 
y^  third  day  of  ffeb"^  last  past  before  y''  date  of,  these  p'nts  for  divers 
good  causes  &.  considerac'ons  them  therunto  especially  moveing  have- 
ing  granted  aliened  bargained  &  sould  &  in  &  by  these  p'nts  doe  for 
them  &  their  successors  giA-e  grant  alien  bargain  sell  &  confirme  unto 
Cap'  Jo"  Mason  Esq""  his  heires  &  assigness  All  y*^  part  of  y''  maine 
land  of  New  England  afores'*  being  from  y''  middle  part  of  Naum- 
keck  river  &  from  thence  to  proceed,  East  wards  along  y^  sea  Coast 
to  Cape  Anne  &  round  about  y®  same  to  passcattaway  harbour  &  soe 
forwards  up  w"'in  y®  river  of  Newickewanock  &  to  y^  farthest  head 
of  y**  said  river  &  from  thence  Northwards  till  six  miles  be  flushed 
from  y®  first  entrance  of  passcattaAvay  harbour  &  asoe  from  Na urn- 
keck  through  y*^  river  thereof  up  into  y*'  land  west  Sixty  miles  from 
■^v'h  jx'riod  to  crose  over  land  to  y*'  sixty  miles  end  accounted  from 
passcattawav  through  Newickewanock  river  to  y*^  land  north  west 
afores'^  &  alsoe  all  y'  y<^  south  half  of  y^  Isles  of  Sholds  all  W^"  lands 
■\v»>  ye  consent  of  y^  Councill  shall  from  henceforth  be  called  New 
Hampshire  &  alsoe  tenn  thousand  acres  more  of  land  in  New  England 
afores''  on  y**  south  east  part  of  Sagahahock  at  y'^  mouth  &  enterance 
thereof  from  henceforth  to  be  called  by  y^  name  of  Masonia  together 
w^''  all  &  singular  havens  Harbours  creekes  &  Islands  imbaid  i^  all 
Islands  &  Islet ts  lying  w"'in  five  leagues  distance  of  y"  maine  land 
opposit  &  abutting  upon  y"  premises  or  any  part  thereof  not  formerly 
lawfully  granted  to  any  by  speciall  name  and  all  mines  mineralls 
quarreys  soyles  &  woods  marshes  rivers  Avaters  lakes  fishings  hawk- 

*  Il.'izanVs  TIistf>ri<-;il  ( 'olltM-tioiis.  I.  :'.S4-:'.S7.  Now  Il.unpsliirc  Slnti'  T.-iinM-s. 
XXIX,  vol.  VI.  G4-150. 


2442  New  Ilmnp^dre — 16S5 

ing  hunting  &  fowling  &  all  otluT  liovaltyos  Jurisdicc'ons  priviledes 
preheniinence  proffitts  conrodityes  &  hereditaments  w'soever  w^''  all 
&  singular  their  &  every  of  their  appnrtences  &  together  alsoe  w'**  all 
rents  reserved  &  y'^  benefitt  of  all  profitts  due  to  y^  S'^  Councill  & 
their  successors  w"'  y'^  power  of  Judicature  in  all  causes  &  matters 
w'^soever  as  well  criminall  capitall  &  civill  ariseing  or  w'''^  may  here- 
after arise  w"'in  y"  limits  bounds  &  percincts  aforesaid  to  be  exercised 
&  executed  according  to  y""  laws  of  England  as  near  as  can  be  by  y^ 
s"^  Cap*  John  Mason  his  heires  &  assignes  or  his  or  their  Deputies 
Lieutenants  Judges  Stewards  or  officers  thereunto  by  him  or  them 
assigned  deputed  or  oppointed  from  time  to  time  w"^  all  other  privi- 
ledges  ffranchises  liberties  imunityes  "escheats  &  casiuiltyes  thereof 
arising  or  w'^'^  shall  or  may  hereafter  arise  w'^'in  y^  said  limitts  &  pre- 
cincts w"^  all  y^  interest  right  title  claime  &  demand  w^  soever  w^** 
y^  s*^  Councill  &  their  Successors  now  of  right  have  or  ought  to  have 
or  claime  or  may  have  or  aquire  heerafter  in  or  to  y®  s"^  porc'ons  of 
lands  Islands  or  any  of  y*'  premises  &  in  as  free  large  ample  &  bene- 
ficiall  man'er  to  all  intents  construcc'ons  &  purjioses  w*  soever  as  y^ 
s'^  Councill  by  vertue  of  his  Maj'^  s*^  letters  pattents  may  or  can  grant 
y^  same  saveing  &  allawaj^es  reserving  unto  y*^  s"^  Councill  &  their 
Successors  power  to  receive  heare  &  determine  &  singular  appeal  and 
appeales  of  every  person  &  persons  w'  soever  dewelling  or  inhabiting 
w'^^in  y®  s"^  territoryes  &  Islands  or  any  part  thereof  soe  granted  as 
a  fores''  &  from  all  Judgem*^*^  &  sentences  w*^  soever  given  w"'in  y^  sj' 
lands  &  territoryes  afores'^  To  have  &  to  hold  all  &  singular  y®  lands 
&  premises  above  by  these  p'nts  granted  except  before  excepted  w"' 
all  &  all  man'er  of  proffits  comodityes  and  hereditam'^  w'  soever 
Av^'^in  y®  lands  &  precincts  afores'^  or  to  y^  s*  lands  Islands  &  premises 
or  any  j)art  of  them  in  any  wise  belonging  or  appertaining  unto  y** 
s''  Cap*  J°  Mason  his  heires  &  assigness  for  ever  To  y^  only  proper 
use  &  behoofe  of  him  y^  s'^  Cap*  J°  Mason  his  heires  &  assignes  for 
ever  To  be  holden  of  y®  s''  Councill  &  their  successors  ^  (lladium 
eom'itatus  y*  is  to  say  by  finding  four  able  men  coveniently  armed 
&,  arraied  for  y^  warr  to  attend  upon  y^  Governo''  of  New  England 
for  y^  publique  Service  w*''in  fourteen  dayes  after  warning  given 
yeelding  &  paying  unto  y'^  s'^  Councill  &  their  successors  for  ever  one 
fifth  of  all  y^  oar  of  y^  mines  of  Gold  &  Silver  w*^''  shalbe  had  pos- 
sessed or  obteined  w'^'in  y®  limitts  or  percincts  afores'^  for  all  rents 
services  dutj^s  &  demands  w*  soever  due  unto  y^  s'^  Councill  &  their 
Successors  from  any  plantation  w^'^in  the  precincts  afores*^  y^  same 
to  be  delivered  unto  his  Ma*^  Eeceiver  his  deputie  or  deputies  assigned 
for  y''  receipt  thereof  To  y^  use  of  his  Ma*'^  his  heires  &  Successors 
from  time  to  time  w'^^in  y''  lands  precincts  &  territoryes  of  Xew  Eng- 
land afores'^  And  last  y^  s'^  Councill  have  deputed  authorized  &  ap- 
pointed &  in  their  place  &  stead  have  putt  Henr}^  Jaseline  Esq'"  & 
Ambrose  Gibbins  gent  or  either  of  them  to  be  their  true  &  lawfull 
Attorney  &  attorneys  for  them  &  in  their  name  &  stead  to  enter  into 
y^  s*^  lands  &  other  y^  premises  w"^  their  appurtences  or  into  any  part 
thereof  in  y^  name  of  y**  whole  &  to  take  quiet  &  peacable  possession 
&  sezing  thereof  and  after  such  possession  &  sezing  soe  had  &  taken 
as  af ores''  then  to  deliver  y'*  same  unto  y*^  s''  Cap*  Jo"  Mason  his  heires 
or  assignes  or  to  his  or  their  certaine  attorne}^  or  attornies  to  be  by 
liim  or  them  deputed  on  a-'"  behalf e  according  to  y^  purport  true 


New  Hampshire — 1635  2443 

intent  and  meaning  of  those  p"nts  In  wittness  whereof  they  y*"  s'' 
CounCill  have  heerunto  affixed  their  coni'on  seale  dated  y"  two  & 
twenteth  day  of  Aprill  in  y^  Eleaventh  year  of  his  Kaigne  of  Sover- 
aigne  Lord  Charles  by  y^  grace  of  God  King  of  England  Scothuid 
tfrance  &  Ireland  Defender  of  y^  faith  &c  Anno  Dom   1035 

[Notes. — Contrary  to  the  title  of  the  above  grant,  the  name  "  Masonia  "  is 
not  a])i)liefl  to  the  territory  of  New  Hampshire,  but  to  a  tract  of  ten  thousand 
acrt's  of  land  in  Maine,  granted  by  the  same  doeument.  New  Ilaniiisliire  was 
irraiited   by  its  present  name. — Otis  <J.   IIammond. 

1  am  indebted  to  lion.  A.  S.  Batehellor,  Editor  of  the  New  Hampshire  State 
I'aiiers,  for  extendeil  courtesies,  and  for  accurate  copies  of  New  Hami)shire 
charters. — Ed  it  or. \ 


GRANT  OF  THE  PROVINCE  OF  NEW  HAMPSHIRE  TO  MR.  MASON, 
22  APR.,  1635,  BY  THE  NAME  OF  NEW  HAMPSHR  - 

This  Indenture  made  the  two  and  twentieth  Day  of  Aprill  in  the 
11"'  yeare  of  the  Reigiie  of  Our  Soveraigne  Lord  Cliarles  by  y  (iraoe 
of  (iod  King  of  England,  Scotland,  tirance,  &  Ireland  Defender  of 
the  ll'aith  &c''  Between  the  Councill  Established  at  l*lymouth  in  the 
County  of  Devon  for  the  planting  ordering  riding  &  (xoverning  of 
New  England  in  x\jnerica  of  y*"  one  part  and  Cap^  John  Mason 
Esquire  of  the  other  part  AVitnesseth  that  whereas  our  late  Sover- 
aigne Lord  King  James  of  Blessed  Memory  by  his  Ilighnes  Letters 
Patients  under  the  great  Seale  of  England  bearing  date  at  West- 
minster the  3*^  dav  of  November  in  the  18"'  yeare  of  his  highuesse 
Reigne  over  the  Realme  of  England  for  the  considerac'ons  in  the 
Same  Letters  Patients  expressed  hath  absolutely  given  granted  and 
confirmed  unto  the  Said  Councill  &  their  Successo'"''  for  ever  all  the 
Land  of  New  England  in  America  lying  and  being  in  breadth  from 
40  Degrees  of  Northerly  latitude  from  y^  P^quinoctiall  Lyne  to  48 
Degrees  of  the  Said  Northerly  Latitude  inclusively,  &  in  length  of 
&  \v"'in  all  y**  breadth  aforesaid  throughout  y"  Maine  I^and  from  Sea 
to  Sea  togeather  alsoe  with  all  firme  Lands  Soyles,  grouiuls  havens 
Ports  rivers  Avaters  llisliings.  Mines  &  mineralls  as  well  Rovall  Mines 
of  (iold  &  Silver  as  other  Mines  c^  Mineralls,  pretions.  Stones.  (|uar- 
ries  and  all  and  Singular  other  Comodityes  Jurisdictions  Rovaltyes 
ffranchises  &  preminences  both  within  the  Said  Tract  of  I^and  upon 
the  Maine  and  also  w'"in  the  Islands  &  Seas  adjoyning  as  by  the  Said 
Letters  Patients  amongst  divers  other  things  therein  contained  more 
at  large  it  doth  &  may  appeare  Now  this  Indenture  further  Wit- 
nesseth  that  y"  Said  Councill  in  ])formance  of  an  agreement  made  by 
tfc  between  themselves  &  enacted  the  third  day  of  Hebruary  last  past 
before  the  Date  of  these  p'"sents  for  a  Comjietent  Sume  of  Money,  c^ 
alsoe  for  divers  other  good  causes  &  considerac'ons  them  y"'  Said 
Councill  hereunto  especially  moveing  have  given  granted  bargained 
Sold  enfeoffed  &  confirmed  and  by  these  p'"sents  doe  give  grant  bar- 
gaine  Sell  enfeoffe  and  confirme  unto  the  Said  Captain  John  Mason 
his  heiri's  and  assignes  all  that  jiart  j^urj^art  &  poi'c'on  of  y*^  !Maine 
land  of  New  England  aforesaid  begining  from  the  middle  pai't  of 


*  New  Hampshire  State  Papers,  XXIX.     Vol.  VI.     62-64. 


2444  New  Hampshire — 16S5 

Xaninkeck  River  &.  from  thence  to  proceed  Eastwards  along  the  Sea 
Coast  to  Cape  Anne  and  round  about  the  Same  to  passcattaway 
Harbour  and  soe  forward  up  within  y^  River  of  Newichwanock  and 
to  3'®  farthest  head  of  the  Said  River  &  from  thence  Northwestward 
till  Sixty  Miles  be  finished  from  y^  first  entrance  of  Passcattaway 
harbour  &  alsoe  from  Naumkek  through  the  River  thereof  up  into 
the  land  West  Sixty  Miles  from  which  period  to  Crosse  over  Land 
to  the  Sixty  Miles  end  accounted  from  Passcattaway  through  Xewi- 
chwanock  River  to  the  Land  Northwestward  aforesaid  &  also  all  that 
the  South  half  of  the  Isles  of  Shoulds  together  w"^  all  other  Islands, 
&  Isletts  as  well  imbaid  as  within  5  Leagues  distance  from  the 
premisses  &  abuting  upon  the  same  or  any  part  or  parcell  thereof  not 
otherwise  granted  to  any  by  Speciaall  Name  All  which  part  &  porc'on 
of  Lands  Islands  and  premises  are  from  hencefoith  to  be  called  by 
the  Name  of  New  Hampshire  &  also  the  Councill  for  y^  consider- 
ac'on  aforesaid  have  given  granted  bargained  Sold  enfeoffed  &  con- 
firmed &  by  these  ]:>'nts  doe  give  grant  bargaine  Sell  enfeoffe  & 
confirme  unto  y^  s*^  John  Mason  his  heires  &  assignes  all  that  other 
parcell  or  porc'on  of  Lands  woods  &  wood  grounds  Lying  on  y^  South 
east  part  of  the  river  of  Sagadahock  in  New  England  aforesaid  at 
the  mouth  or  entrance  thereof  containing  &  to  containe  there  Ten 
Thousand  Acres  w'^^  said  other  parcell  of  Lands  from  henceforth  is 
to  be  called  by  y^  name  of  Masonia.  And  moreover  the  Said  Councill 
for  y''  considerac'ons  aforesaid  have  given  granted  bargained  Sold 
enfeoffed  &  confirmed  &  by  these  p'"sents  doe  give  grant  bargaine 
Sell  enfeoffe  &  confirme  unto  y*^  said  Captaine  John  Mason  his  heires 
&  assignes  together  w"'  the  said  bargained  p'"mises  all  y^  firme  Lands 
Soyles  Grounds  havens  Ports  Rivers  waters  ffishings  Mines  and 
Mineralls  as  well  Royall  Mines  of  Gold  &  Silver  as  other  Mines  & 
Mineralls  pretious  Stones  quaryes  &  all  &  Singidar  other  Com'odityes 
Jurisdictions  Royaltyes  priviledges  ft'ranchises  &  preheminences  both 
Av^'^in  the  Said  Tracts  of  Lands  upon  the  Maine  and  alsoe  with  y** 
Islands  &  Seas  adjoyning  Saving  excepting  and  reserving  out  of  this 
l)''sent  Grant  only  y"  fifth  part  of  all  y^  Care  of  Gold  and  Silver  due 
to  his  Ma*y  his  heires  and  Successors  and  in  &  by  y^  Said  recited 
Letters  Pattents  reserved  To  have  &  to  hold  all  Those  the  said 
severall  parcells  of  Land  and  all  other  y^  said  bargained  premises  \x^^ 
their  and  every  of  their  appurtenences  Except  before  Excepted  unto 
y®  Said  Cap*  John  Mason  his  heires  &  assignes  to  y^  only  &  proper 
iise  and  behoof e  of  him  y^  said  Cap'  John  Mason  his  heires  &  assignes 
forever.  And  to  bee  Enjoyed  as  fully  freely  &  in  as  Large  ample  and 
beneficiall  ISIanner  &  forme  to  all  Intents  &  purposes  whatsoever  as 
they  the  Said  Councill  &  their  Successors  by  vertue  of  y^  Said  recited 
Letters  Pattents  may  might  or  ought  to  have  hold  &  enjoy  the  same 
or  any  part  or  parcell  thereof  In  witnes  Avhereof  to  one  \yM'i  of  this 
p^'sent  Indenture  remaing  in  y''  hands  of  y^  said  Cap*  John  ]Mason 
they  y^  Said  Councill  have  affixed  their  common  Seale  to  y^  other  part 
of  this  p'"sent  Indenture  remaining  in  y^  hands  of  y®  Said  Councill 
the  Said  Cap*  John  Mason  hath  Sett  his  hand  and  seale  dated  y^  Day 
&  yeare  first  above  written  Annoq'  Dom "  1G35 


New  nmnpshire— 1639— 1641  2445 

AGREEMENT  OF  THE  SETTLERS  AT  EXETER  IN  NEW  HAMPSHIRE, 

1639  ' 

Whereas  it  hath  pleased  the  I..ord  to  move  the  Heart  of  our  dread 
Sovereign  Charles  by  tlie  (irace  of  (iod  King  &c.  to  grant  Licence 
and  Libertye  to  sundry  of  his  subjects  to  phuit  themselves  in  the 
Westerne  parts  of  America.  We  his  loyal  Subjects  Brethern  of  the 
Church  in  Exeter  situate  and  lying  upon  the  liiver  Pascatacpia  with 
other  Inhabitants  there,  considering  with  ourselves  the  holy  Will  of 
God  and  our  own  Necessity  that  we  should  not  live  without  whole- 
some Lawes  and  Civil  Government  among  us  of  which  we  are  alto- 
gether destitute;  do  in  the  name  of  Christ  and  in  the  sight  of  God 
combine  ourselves  together  to  erect  and  set  up  among  us  such  (iov- 
ernment  as  shall  be  to  our  best  discerning  agreeable  to  the  AVill  of 
God,  professing  ourselves  Subjects  to  our  Sovereign  Lord  King 
Charles  according  to  the  Libertyes  of  our  English  Colony  of  ^lassa- 
chusetts,  and  binding  of  ourselves  solemnly  by  the  Grace  and  Help 
of  Christ  and  in  His  Xame  and  fear  to  submit  ourselves  to  such  (iodly 
and  Christian  Lawes  as  are  established  in  the  realm  of  England  to 
our  best  Knowledge,  and  to  all  other  such  Lawes  which  shall  upon 
good  grounds  be  made  and  enacted  among  us  according  to  (Jod  that 
M'e  mav  live  (|ui(>tlv  and  peaceably  together  in  all  godliness  and 
honesty.     ]Mo.  cS.  D.  4.  UV?>9  as  attests  our  Hands. 

[35  signatuivs  follow.] 

THE  COMBINATION  OF  THE  INHABITANTS  UPON  THE  PISCATA- 
ftUA  RIVER  FOR  GOVERNMENT,  1641  '■ 

Whereas  sundry  Mischiefs  and  Liconveniences  have  befallen  us, 
and  more  and  greater  may,  in  regard  of  want  of  Civill  (Jovern- 
ment,  his  gracious  Majesty  haveing  settled  no  order  for  us,  to  our 
knowledge,  wee  shose  names  are  underwritten,  being  Inhabitants 
u])on  (he  River  of  Pascatafjua  have  voluntary  agreed  to  combine  our- 
selves into  a  body  l*olitick.  that  wee  may  the  more  comfortably 
enjov  the  Benefit  of  his  Majesties  Laws,  and  doe  hereby  actually 
engage  ourselves  to  submit  to  his  Hoyall  Majesties  Laws.  togeth(»r 
with  all  such  Laws  as  shall  be  concluded  by  a  major  i)art  of  the 
Ereemen  of  our  Society,  in  Case  they  be  not  rejiugnant  to  the  laws 
of  England,  and  administered  in  behalf  of  his  Majestic  And  this  wee 
have  mutually  promised,  and  engaged  to  doe,  an  so  to  continue  till 
his  excellent  Majestic  shall  give  other  orders  concerning  us.  In  wit- 
ness whereof  Wee  have  hereunto  set  our  hands.  October  ±2.  In  the 
1(5  year  of  the  Iveigne  of  our  Sovereigne  liOi'd.  (^hai'les  b\-  the  grace 
of  God.  Kin<>-  of  Great  Brittaine,  Erance  and  Ireland,  Defender  of 
the  Eaith.  &v. 
Subscribed  by 

Thomas  L.\rktia:m. 

Richard  Walurexk. 

Wn-,LiAM  Walurkne.  with  ;')S  moi-e. 


n  ni.;toi-ical  Colloctioiis :  Consisting  of  State  Papers,  etc.     By  Ebenezer  Haz- 
ard. (rinLidolpIiia.  MDCCXCII),  Vol.  I.  p.  46.3. 
0  Ibid..  pi>.    iS(;.  487. 


2446  New  Hampshire — 1680 


COMMISSION  OF  JOHN  CUTT,  1680] 


*  a 


The  Com'ission  constituting  a  President  &  Councell  for  y*'  Province 
of  New-Hampshire  in  New-Enghmd 

Charles  y^  Second,  &c,  To  all  to  whom  these  p'"sents  shall  come 
Greeting 

Whereas  Our  Colony  of  y'^  Massachusetts  aP  Mattachusetts  Bay  in 
New-England  in  America,  have  taken  upon  themselves  to  exercise  a 
Government  &  Jurisdiction,  over  y^  Inhabitants  &  Planters  in  y^ 
Towns  of  Portsmouth,  Hampton,  Dover  Excester,  &  all  other  y^ 
Towns  &  lands  in  y^  Province  of  New^-Hampshire,  lying  &  extending 
from  three  miles  northward  of  Merrimack  River,  or  any  part  thereof 
to  y'^  Province  of  Maine,  not  having  any  legall  right  or  authority  so 
to  do:  Which  said  Jurisdiction  &  all  further  exercise  thereof.  We 
have  thought  fit  by  the  advice  of  Our  Privy  Council  to  inhibit  & 
restrain  for  the  future;  And  do  hereby  inhibit  and  restrain  y*'  same. 
And  whereas  y^  Government  of  y*  part  of  the  said  Province  of  Ne^y- 
Hampshire,  so  limited  &  bounded  as  aforesaid  hath  not  yet  bin 
granted  unto  any  person  or  persons  whatsoever  but  y^  same  still 
remains  &  is  under  Our  immediate  care  &  protection;  To  the  end 
therefore,  y'  Our  loving  Subjects,  y''  Planters  and  Inhabitants  within 
y*^  limits  aforesaid,  may  be  protected  and  Defended  in  their  respective 
rights,  liberties  &  properties,  &  y^  due  &  impartiall  Justice  may  be 
duly  administred  in  all  cases  civi'll  &  criminall ;  &  y*^  all  possible  care 
may  be  taken  for  y*'  quiet  &  orderly  Government  of  y''  same:  Now 
know  ye,  that  We  by  &  with  y'^  advice  of  Our  Privy  Councell,  have 
thought  fit  to  erect,  &  constitute,  &  by  these  p'sents  for  us  o''  hrs  &  suc- 
cess'"^ do  erect  constitute  &  appoint  a  President  &  Councell,  to  take 
care  of  y^  said  Tract  of  land  called  The  Province  of  New-Hampshire, 
&  of  the  Planters  &  Inhabitants  thereof ;  &  to  Order,  rule  &  Govern 
y^  same  according  to  such  methods  &  regulations,  as  are  herein  after 
specified  &  declared.  And  for  y^  better  execution  of  Our  Royall 
pleasure  in  this  behalf,  We  do  hereby  nominate  &  appoint  Our  trusty 
&  well  beloved  Subject  John  Cutt  of  Portsmouth  Esq""  to  be  y^  first 
President  of  y^  said  Councell,  &  to  continue  in  y^  said  Office  for  the 
space  of  one  whole  year  next  ensuing  y''  date  of  these  p"'sents  &  so  long 
after  untill  We,  Our  heirs  or  successors,  shall  nominate  &  appoint 
some  other  person  to  succeed  him  in  y^  same.  And  We  likewise  nomi- 
nate &  appoint  Our  trusty  &  well  beloved  subjects  Rich :  Martin  Esq"" 
William  Vaughan  Esq-",  &  Tho.  Daniel  Esq^  all  of  Portsmouth 
aforesd  John  Oilman  of  Exceter  aforesd  Esq%  Christoph''  Hussey  of 
Hampton  aforesd  Esq""  &  Rich :  Walden  of  Dov""  aforesd  Esq-"  to  be 
of  the  Councell  within  y''  said  Province  of  New-Hampshire :  And  we 
do  hereby  authorize  and  appoint,  the  said  President  &  Councell  to 
nominate  &  make  choice  of  three  other  persons  out  of  y*"  severall  parts 
of  the  said  Province,  whom  they  shall  judg  to  be  most  fitly  qualified 
To  hQ  of  y'=  said  Councell,  &  to 'swear  them  into  y^  same:  And  y*  the 
said  Jo:  Cutt,  &  every  succeeding  President  of  y*"  said  Councell,  shall 
nominate  &  appoint  any  one  of  the  members  of  the  said  Councell  for 

*  Laws  of  New  Ilaaipshire.  I.  1670-1702.  pp.  1-8. 

«This  coiiimissiou  "marks  the  formal  beginning  "of  constitutional  governiuent 
in  New  Hampshire"— Colby's  Manual  of  the  Constitution  of  the  l^tate  of  New 
Hampfihirc,  p.  01. 


■New  Hampshire — 1680  2447 

y^  time  being,  to  be  his  Deputy,  &  to  p'side  in  his  absence  And  y^  the 
said  President,  or  his  Deputy,  &  any  five  of  the  said  Co'ncell  shall  be 
a  Quorum.  And  Our  express  Avill  &  pleasure  is,  That  no  person  sliall 
be  admitted  to  sit,  or  have  a  vote  in  the  said  Councell  till  he  have 
taken  y'^  oath  of  allegeance;  &  supremacy,  &  y^  oath  herein  after 
mentoned,  for  y"  due  &  impartiall  execuc'on  of  Justice,  &  y''  faith- 
full  discharge  of  y^  trust  in  them  reposed :  "Which  Oath^  We  do 
hereby  authorize  &  direct  y^  said  Ric:  Martin  W:  Vaughan  T: 
Daniel;  Jo:  Oilman  Christ:  Hussey  R:  Waldren,  or  any  three 
of  them  first  to  administer  to  y*"  said  Jo:  Cutt  y*^  President,  and 
y®  said  Jo:  Cutt  having  taken  said  Oaths,  "We  do  will,  authorize 
&  require  him  y'-  said  Pres:  for  y^  time  being,  to  administer  y'' 
same  from  time  to  time  to  all  &  every  other  the  members  of  y*'  said 
Councell.  And  We  do  hereby  will,  require  &  com'and  y*'  said  Jo: 
Cutt  E :  M :  &c  &  every  of  them,  to  whom  this  Our  pleasure  shall  be 
made  known.  That,  all  excuses  whatsoever  set  ap',  they  fail  not  to 
assemble  &  meet  together  at  y®  sd  Town  of  Portsm°  in  y^  Prov:  of 
New  Hampsh :  aforesd  within  y®  space  of  20  days,  next  after  y® 
arrivall  of  this  Our  Coni'lssion  at  Portsm"  aforesaid  ;  &  there  to  cause 
this  Our  Com'ission,  or  Letters  Patents,  to  be  read  before  them,  or  as 
many  of  them  as  shall  be  there  assembled:  &  having  first  duly  taken 
the  said  Oaths,  to  proceed  to  choose,  nominate  &  appoint  such  Officers 
&  serv'^  as  they  shall  think  fit  &  necessary  for  their  service:  And  also 
to  appoint  such  other  time  &  place  for  their  future  meeting,  as  they 
or  y*'  major  ])art  of  them,  (whereof  y*^  Pres.  or  his  deputy  to  be  one) 
shall  think  fit  &  agreeable.  And  Our  Will  &  pleasure  is.  That  Our 
said  Councell  shall  from  time  to  time  have  &  use  such  Seal  only,  for 
y*^  sealing  of  their  Acts,  Orders  &  i)roceedings,  as  shall  be  sent  unto 
them  by  Us,  Our  heirs  &  successors,  for  y'  pur])ose.  And  AVe  do  by 
these  p''ts,  for  Us  Our  heirs  &  successors,  constitute,  establish,  declare 
&  appoint  Our  said  Pres.  &  Councell  &  their  successors  for  y*^  time 
being,  to  be  a  constant  &  setled  Court  of  record,  for  y*^  administrac'on 
of  Justice  to  all  Our  subjects  inhabiting  within  y"  limits  aforesaid,  in 
all  causes,  as  well  criminal  as  civill ;  &  y^  y^  Pres:  &  any  5  of  the 
Councell  for  y^  time  being  shall  have  full  ])ower  &  authority,  to  hold 
plea  in  all  causes  from  time  to  time,  as  well  in  pleas  of  y*"  Crown,  as 
in  matters  relating  to  y^  conservation  of  y"  ])eace,  &  i)unishment  of 
offenders,  as  in  civill  suits  &  actions  between  partie  &  ])artie;  or  be- 
tween Us  &  any  of  Our  subjects  there;  whether  y'^  same  do  concern  y® 
realty,  &  relate  to  a  right  of  freehold  &  inheritance,  or  whether  y^ 
same  do  concern  y®  personalty,  &  relate  to  some  matter  of  debt,  con- 
tract, damage,  or  other  personal  injury;  &  also  in  all  mixt  actions, 
■vv'^h  may  concern  both  realty  &  personalty  and  therein  after  due  & 
orderly  j^roceeding,  &  deliberate  hearing  on  both  sides,  to  give 
Judgm\  to  award  execuc'on,  as  well  in  criminall  as  in  civill  causes  as 
aforesaid:  so  always,  y'- y°  forms  of  j)roceeding  in  such  cases,  &  y^ 
Judgm*^  thereupon  to  be  given,  be  as  consonant,  &  agreeable  to  y® 
Laws  &  Statutes  of  this  Our  Kealm  of  Engd,  as  y''  p'"sent  state  &  con- 
dic'on  of  Our  subjects  inhabiting  within  y"  limits  aforesaid,  &  y^ 
circumstances  of  y^  place  Avill  admit.  And  y^  Pres:  &  Councell  for  y° 
time  being,  &  every  one  of  them  respectively,  before  they  be  admitted 
to  their  severall  &  respective  offices  c*i;  charges,  shall  also  take  this 
Oath  following.  You  shall  swear,  well  and  truly  to  administer 
Justice  to  all   his  Ma'"'^''  good   subjects,   inhabiting   within  y   Prov- 


2448  New  Hampshire — 1680 ' 

ince  of  New-Hampsh:  under  this  Government:  &  also  duly  &  faith- 
fully to  discharge  &  execute  y°  Trust  in  you  reposed,  according 
to  the  best  of  your  knowledg;  you  shall  spare  no  person  for 
favour  or  affection;  nor  any  person  grieve  for  hatred  or  ill  will. 
So  help  you  God.  Notwithstanding  it  is  Our  will  &  pleasure,  &  so 
w^e  do  hereby  expressly  declare,  y'  it  shall  &  may  be  lawfull  from  time 
to  time,  to  &  for  all  &  every  person  &  persons,  who  shall  think  him  or 
themselves  aggrieved  by  any  sentence,  Judgm'  or  Decree  pronounced, 
given  or  made  (as  aforesaid)  in,  about  or  concerning  y®  title  of  any 
land,  or  other  reall  estate  or  in  any  personall  Action,  or  suit  above  the 
value  of  50'  and  not  under,  to  appeal  from  such  Judgm*  sentence,  & 
Decree  unto  Us,  Our  heirs  &  successors,  &  Our  &  their  Privie  Coun- 
eell:  But  with  and  under  this  caution  &  limitac'on;  That  y""  Appel- 
lant shall  first  enter  into,  &  give  good  security,  to  pay  full  costs,  in 
case  no  relief  shall  be  obtained  upon  such  Appeal.  And  Our  further 
will  &  pleasure  is  &  so  we  do  hereby  declare;  That  in  all  criminall 
cases,  where  y^  punishm*  to  be  inflicted  upon  y*"  offenders,  shall  extend 
to  loss  of  life  or  limb  (y^  case  of  willfull  murder  only  excepted)  y*" 
pty  convicted  shall  either  be  sent  over  into  this  Our  Kingdom  of 
Engd,  with  a  true  state  of  his  case  &  conviction;  or  execuc'on  shall 
be  respited  untill  y*"  case  shall  be  here  represented  unto  Us,  Our  heirs 
&  successors,  in  Our  &  their  Privie  Councell,  and  Orders  sent,  & 
returned  therein.  And  for  y*"  better  defence  and  security  of  all  Our 
loving  subjects  within  y^  Province  of  New-Hampsh.  and  y''  bounds  & 
limits  aforesaid,  Our  further  will  &  pleasure  is,  and  hereby  we  do 
authorize,  require  &  command  y^  said  Pres:  &  Councell  for  the  time 
bemg,  in  Our  name  &  under  the  seal  by  Us  appointed  to  be  used,  to 
issue  forth  &  give  Com'issions  from  time  to  time,  to  such  psen  &  ]:)er- 
sons,  whom  they  shall  judg  shall  be  best  qualified  for  regulation  & 
discipline  of  y*'  militia  of  Our  said  Province;  &  for  y®  arraying  and 
mustering  y^  Inhabitants  thereof;  &  instructing  them  how  to  bear 
and  use  their  arms;  &  that  care  be  taken,  that  such  good  discipline 
shall  be  observed,  as  by  y®  said  Councell  shall  be  p''scribed ;  &  y*  if  any 
invasions  shall  at  any  time  be  made,  or  other  destruction,  detriment, 
or  an'oyance  made  or  done  by  Indians,  or  others  upon  or  unto  Our 
good  subjects  inhabiting  within  y^  said  Prov :  of  New  H :  We  do  by 
these  p'"sents,  for  Us  Our  heirs  &  successors,  declare,  Ordaine  &  grant, 
that  it  shall  &  may  be  lawfull  to  &  for  Our  said  subjects,  so  com'is- 
sionated  by  Our  said  Councell  from  time  to  time,  &  at  all  times  for 
their  speciall  defence  &  safety,  to  encounter,  expell,  repell,  &  resist  by 
force  of  arms,  &  all  other  fitting  ways  &  means  whatsoever,  all  &  every 
such  person  &  persons,  as  shall  at  any  time  hereafter  attempt  or  enter- 
prize  y''  destruction  invasion  detriment  or  an'oyance  of  any  of  Our 
said  loving  subjects,  or  their  plantations  or  estates.  And  above  all 
things  we  do  by  these  p''sents  will,  require  &  comand  Our  said  Coun- 
cell to  take  all  possible  care  for  y*"  discountenancing  of  vice,  &  incour- 
aging  of  vertue  &  good  living;  that  by  such  exam])les  y"  infidel  may 
be  invited  &  desire  to  partake  of  y^  Christian  Eeligion,  &  for  y^ 
greater  ease  &  satisfacc'on  of  o''  s^  loving  subjects  in  matters  of 
Eeligion  We  do  hereby  will,  require  &  com'ancl  y^  liberty  of  conscience 
shall  be  allowed  unto  all  protestants ;  &  y*  such  especially  as  shall  be 
conformable  to  y""  rites  of  y"  Church  of  EngP.  shall  be  particularly 
countenanced  &  incouraged.  And  further  We  do  by  these  ])''sents,  for 
Us,  Our  heirs  &  successors,  give  &  grant  unto  y*"  said  Councell  &  their 


New  Hampshire— 1680  2449 

successors  for  y"  time  being,  full  &  free  liberty,  power,  and  authority, 
\o  hear  &  Determine  all  emergencies,  relating  to  the  care  &  good  Gov- 
ernment of  Our  subjects  within  y''  s"^  Prov :  &  also  to  sum'on  &  convene 
any  person  or  persons  before  them  &  punish  contempts ;  &  to  cause  ^^ 
Oath  of  Allegeance  to  be  administered  to  all  &  every  person  &  per- 
sons, who  shall  be  admitted  to  any  Office,  freedom,  or  preferments  & 
likewise  with  what  convenient  speed  they  can,  to  cause  proclanuic'on 
to  issue  out  &  be  made  in  Our  name  to  y*^  inhabitants  of  y^  s'*  Prov :  of 
N:  Hampsh:  thereb}'  signifying  that  We  have  taken  them  into  Our 
im'ediate  Governm'  &  gracious  protection:  &  let*;ing  them  further 
l^now,  that  We  have  written  to  y^  Gov^'nour  &  Councell  of  the  Massa- 
<;husetts  bay,  to  recall  all  such  Com'issions  as  they  have  granted  for 
exercising  an}^  Jurisdiction  in  y^  parts  aforesaid  and  that  we  have 
inhibited  &  restrained  them  for  y*^  future,  from  exercising  any  further 
authority  or  Jurisdiction  over  them.  And  further,  y'  y^  s**  Inhab- 
itants within  y'^  said  Prov :  of  X :  Hamp :  &  limits  aforesaid,  do  &  shall 
from  henceforth  repair  for  Justice  &  redress  unto  them  y*^  said  Pres: 
&  Councell,  whom  We  have  constituted  &  appointed  to  be  a  standing 
Court  for  administrac'on  of  Justice  as  aforesaid  &  intrusted  them 
with  y^  care  of  their  quiet  &  orderly  Government  and  therefore  re- 
quiring that  they  give  obedience  unto  them:  And  Our  will  &  pleasure 
is,  that  these,  with  such  other  generall  intimations  shall  be  given  unto 
y^  people,  as  by  y'=  said  Pres:  &  Councell  shall  be  thought  necessary. 
And  for  supporting  the  charge  of  the  Government  of  y^  said  Prov :  of 
N  :  Hamp  :  Our  AVill  &  pleasure  is,  &  We  do  by  these  p'sents  authorize, 
&  require  the  said  Pres:  &  Councell,  to  continue  such  taxes  &  imposi- 
tions, as  have  bin,  &  are  now  laid  &  imposed  upon  the  Inhabitants 
thereof;  &  y'  they  levy  &  distribute,  or  cause  the  same  to  be  levyed 
and  distributed  to  those  ends,  in  the  best  &  most  equall  man'er  they 
can  untill  a  generall  Assembly  of  y*"  s*^  Prov :  shall  be  called,  &  other 
methods  for  y'  purpose  agreed  upon.  To  which  end  Our  AVill  & 
pleasure  is,  and  We  do  by  these  p''ts  authorize,  require,  &  com'and  y^ 
said  Pres:  and  Councell  that  they  within  3  months  after  they  have 
bin  sworn  (as  aforesaid)  do  &  shall  issue  forth  Summons  under  y-  seal 
by  Us  appointed  to  be  used  in  y  nature  of  writs  for  y'^  calling  of  a 
Generall  Assembly  of  the  said  Prov :  using  &  observing  there  such 
rules  &  methods  (as  to  the  ]iersons  who  are  to  cliuse  their  Deputies  & 
y^  time  &  place  of  meeting)  as  they  shall  judg  most  convenient.  At 
the  1^'  meeting  of  which  (ien'  Assembly  We  do  hereby  will,  authorize 
&  require  y*"  l*res:  of  y"  said  Councell,  to  mind  them  in  V  generall, 
what  is  to  be  intimated  in  y*^  proclamac'on  aforesaid:  That  he  rec- 
om'end  unto  them  y*=  making  of  such  Acts,  Laws,  &  Ordinances,  as 
may  most  tend  to  y^  establishing  them  in  obedience  to  Our  authority; 
their  own  p'"servation  in  peace  &  good  Governm'  &  defence  against 
their  enemies:  &  that  they  do  consider  of  the  fittest  ways  for  V  rais- 
ing of  taxes,  &  in  such  proportion,  as  may  be  fit  for  y®  support  of  y^ 
(xovernm'.  And  Our  Will  &  pleasure  is,  &  AVe  do  hereby  declare, 
ordain,  &  grant,  That  all  &  every  such  Acts,  Laws  &  Ordinances,  as 
shall  from  time  to  time  be  made  in  &  by  such  generall  Assembly  or 
Assemblies  shall  be  first  a])proved  &  allowed  by  the  Pres:  it  Coun- 
cell for  the  time  being,  c't  thereupon  shall  stand  &  be  in  force, 
untill  y^  pleasure  of  Us  Our  heirs  &  successors  shall  be  known, 
whether  y^  same  Laws  &  Ordinances  shall  receive  any  change,  or  con- 
72."i;> — VOL  .3 — 07 10 


2450  New  Hampshire— 1680 

firmation  ;  or  be  totally  disallowed  &  discharged.  And  therefore  Our 
Will  &  pleasure  is,  That  y*"  Pres :  &  Councell  do  &  shall  from  time  to 
time,  transmit  &  send  over  unto  Us  Our  heirs  &  successors,  &  Our  & 
their  Privie  Councell  for  y*"  time  being  all  &  ever}^  such  Acts,  Laws  & 
Ordinances,  by  the  first  ship  y^  shall  depart  thence  for  Engl*^  after 
their  making.  Also  Our  will  &  pleasure  is  &  We  do  hereby  direct  & 
appoint,  that  if  y^  said  Pres:  of  y'^  Councell  shall  happen  to  dye;  that 
then  from  &  after  y'^  death  of  y'^  said  Pres:  his  Deputy  shall  succeed 
him  in  y^  Office  of  Pres:  &  shall  &  may  nominate  &  choose  an}^  one 
of  y*  s^  Councell  to  be  his  Deputy,  to  preside  in  his  absence ;  &  y^  said 
Deputy  so  succeeding  shall  continue  in  y^  said  office  of  Pres:  untill 
Our  further  will  &  jjleasure  be  known  therein  &  we  shal  think  fit  to 
nominate  &  appoint  some  other  to  succeed  therein.  And  if  any  of  y*" 
members  of  y''  said  Councell  shall  happen  to  die.  Our  Will  and 
])leasure  is,  &  We  do  hereby  direct  &  appoint  y*"  remainder  of  y" 
Councell  to  elect  some  other  person  to  be  a  member  of  y^  said  Councell 
for  y^  time  being;  &  to  send  over  the  name  of  such  person  so  chosen, 
&  the  names  of  two  more,  Avhom  they  shall  judg  fitly  qualified  for 
that  imi^loyment ;  that  AVe  Our  heirs  &  successors  ma}-  nominate  & 
appoint,  which  of  the  three  shall  be  y'^  member  in  y''  place  of  such 
member  so  dying.  And  AVe  do  hereby  declare,  That  AVe  Our  heirs  & 
successors,  shall  &  will  observe  &  continue  this  method  of  grace  & 
favour  towards  Our  loving  Subjects  in  convening  them  in  their 
Assembly,  in  such  maner  &  form  as  is  herein  before  menc'oned  & 
specified :  unless  by  inconveniences  arising  from  thence,  AA'^e  Our  heirs 
or  successors,  shall  see  cause  to  alter  y^  same.  And  Avheireas  y^ 
inhabitants  of  y'^  saide  province  of  new  hamshire  have  manj'  of  them 
bin  long  in  posesion  of  Severall  quantityes  of  lands  &  are  saide  to 
have  maide  Considerable  Improvements  theire  upon  having  noe  other 
title  for  y*"  same  then  what  hath  l)in  derived  from  y®  Government  of 
the  macithutets  baye:  in  vertue  of  theire  Imaginary  line  w'''  titell  as 
it  hath  by  y^  opinion  of  our  Judges  in  England  bin  alltogether  set 
aside  soe  y^  agents  fr6m  y*^  saide  Colony  have  Consequently  disowned 
any  right  ether  in  the  Soj'le  or  goverment  thereof:  from  the  three 
mile  line  aforesaide :  &  it  api^earing  unto  us  that  y^  ansestors  of 
Roberd  ]Mason  esquire  obtained  grants  from  our  great  Councill  of 
plimoth  for  y^  tract  of  land  aforesaide  &  wheare  at  very  greate  ex- 
igence upon  y^  same  untill  molested  &  finally  driven  oute  which  hath 
occasioned  a  lasting  Complainte  for  Justice  by  y^  said  Roberd  Mason 
ever  Since  our  restoration :  how  ever  to  prevent  in  this  case  any  un- 
reasonable demands  w'^'^  mighte  be  made  by  the  Saide  Roberd  ]Mason 
for  y^  rights  he  Claimeth  in  Saide  soyle  wee  have  obliged  y^  saide 
Roberd  Mason  under  his  hand  &  Scale  to  declare  that  he  will  demande 
nothing  for  y^  time  paste  untill  y^  twenty  fourth  of  June  laste  paste 
nor  molest  any  in  the  posesions  for  y*  time  to  come:  but  will  [torn]- 
to  them  &  theire  ayres  for  ever  provided  they  will  paye  him  uiDon  a 
faire  agrement  in  lew  of  all  other  Rents  Six  pence  in  y''  pound  ac- 
cording to  y^  Just  and  trew  yearW  valew :  of  all  houses  builte  by  them 
&  of  all  lands  whether  gardens  orchards  arribell  or  pasture  W'  have 
been  Improved  by  them  v:"^  he  will  agree  Shall  be  bounded  out  unto 
eviry  of  y^  partyes  Conserned  &  that  y*^  residu  maye  remaine  unto 
himselfe  to  be  disposed  of  for  his  best  advanetadge — But  not  with 
standing  this  overturn  from  y*'  Saide  Robert  Mason  W*^  Semeth  to  be 
faire  unto  us  any  of  y'^  Inhabitants  of  y^  saide  j^rovince  of  new^  ham- 


New  Hampshire — 1776  2451 

shir  Shall  refuse  to  agree  w"'  y''  Agents  of  y^  saide  Roberd  ^lasoii 
upon  y*'  terms  aforesaide  our  will  &  pleasure  is  y'  y®  president  &  Conn-' 
sill  of  new  hamsliire  aforesaide  for  y®  time  being  Shall  have  jjower  & 
are  hereby  Impowered  to  Interpose  &  reconsile  all  Diti'eranses  if  they 
can  That  Shall  or  niaA'e  arise  betweene  y^  saide  Roberd  Mason  &  y® 
Saide  Inhabitants  but  if  they  cannot  then  we  doe  hereby:  Commande 
&  requier  the  saide  president  &  Counsill  to  send  into  I^ngland  such 
Casses  fairely  &  Imparsially  stated  together  w"'  theire  one  opinions 
upon  such  Cases  that  Ave  our  ay  res  &  Sucsesors  by  &  with  y*^  advice 
of  our  &  there  privy  Counsill  maye  determin  therein  according  to 
equity  and  Lastly  our  Avill  &  pleasure  is  that  the  saide  president  & 
Counsill  for  y*^  time  being  doe  prepare  &  send  into  England  such 
[torn]  &  methods  for  theire  one  prosedings  as  maye  best  suite  with 
the  Constitution  of  the  saide  province  of  newhamshire — for  y®  better 
establishing  of  Our  authority  theire  and  the  goverment  thereof  that 
w^ee  and  ourprivi  Councill  mayeexamin  &  allter  or  aprove  the  same  in 
witness  Avhereof  we  have  Caused  these  oiu'  letters  to  be  made  pattens 
witness  our  self  at  wesminster  the  IS*'*  of  September  In  the  one  and 
thirtieth  yeare  of  our  Eeigne — 
Peripsom  Regem  Barker — 

[Note. — The  foresoins:  oomniission  of  John  Cutt  was  eoniponndecl  ffom  two 
mutilated  copies,  the  most  aiicient  in  the  possession  of  the  state.  The  state  does 
not  possess  the  original  fonnnission,  but  these  copies  were  apparently  made  soon 
after  the  date  of  the  original. — Otis  G.  Hammond.] 


CONSTITUTION  OF  NEW  HAMPSHIRE— 1776  *  « 

Ix  CoxGRESS  AT  ExETER,  Jmiuar^j  5, 1776. 

Voted,  That  this  Congress  take  up  Civil  Government  for  this 
colony  in  manner  and  form  following,  viz. 

"We,  the  members  of  the  Congress  of  New  Hampshire,  chosen  and 
appointed  by  the  free  suffrages  of  the  people  of  said  colony,  and 
authorized  and  empowered  by  them  to  meet  together,  and  use  such 
means  and  pursue  such  measures  as  we  should  judge  best  for  the  pub- 
lic good;  and  in  particular  to  establish  some  form  of  government, 
provided  that  measure  should  ])e  recommended  by  the  Continental 
Congress:  And  a  recommendation  to  that  purpose  having  been  trans- 
mitted to  us  from  the  said  Congress:  Have  taken  into  our  serious 
consideration  the  unhappy  circumstances,  into  which  this  colony  is 
involved  by  means  of  many  grievous  and  oppressive  acts  of  the  Brit- 
ish Parliament,  depriving  us  of  our  natural  and  constitutional  rights 
and  privileges;  to  enforce  obedience  to  which  acts  a  poAverful  fleet 

*  A'erified  by  "Acts  and  Laws  of  the  State  of  New  Hampshire  in  America,  by 
order  of  The  General  Assembly.  To  which  is  prefixed.  The  Ke.solntiou  of  the 
American  Congress  for  Establishin;;  a  Form  of  Government  in  New  Hampshire; 
and  the  Resolve  of  the  Provincial  Congress,  for  taking  up  Government  in  Form. 
With  the  Declaration  of  Independence.  America  :  Printed  at  Exeter  in  the  State 
of  New  Hampshire,  MDCCLXNX."     pp.  2-4. 

a  This  fonstitntion  was  framed  by  a  convention,  or  "  congress,"  which  assem- 
bled at  Exeter.  December  'Jl.  17">,  (in  accordance  with  a  reconunendation  from 
the  Continent.il  Congress.)  and  completed  its  labors  .January  "»,  lT7(i.  The  con- 
stitution was  not  submitted  to  the  iieople.  This  was  the  first  constitution 
framed  by  an  American  Commonwealth. 


2452  New  Hampshire— 1776 

and  army  have  been  sent  to  this  country  hy  the  ministry  of  (Ireat 
'Britain,  who  have  exercised  a  wanton  and  cruel  abuse  of  their  power, 
in  destroying  the  lives  and  properties  of  the  colonists  in  many  places 
with  fire  and  sword,  taking  the  ships  and  lading  from  many  of  the 
honest  and  industrious  inhabitants  of  this  colony  employed  in  com- 
merce, agreeable  to  the  laws  and  .customs  a  long  time  used  here. 

The  sudden  and  abrupt  departure  of  his  Excellency  John  Went- 
worth.  Esq.,  our  late  Governor,  and  several  of  the  Council,  leaving 
us  destitute  of  legislation,  and  no  executive  courts  being  open  to  pun- 
ish criminal  offenders;  whereby  the  lives  and  properties  of  the  honest 
people  of  this  colony  are  liable  to  the  machinations  and  evil  designs 
of  wicked  men,  Therefore^  for  the  preservation  of  peace  and  good 
order,  and  for  the  security  of  the  lives  and  properties  of  the  inhabit- 
ants of  this  colony,  Ave  conceive  ourselves  reduced  to  the  necessity 
of  establishing  A  Eorm  of  Goverxmext  to  continue  during  the  pres- 
ent unhappy  and  unnatural  contest  with  Great  Britain;  Protesting 
and  Declaring  that  we  neaver  sought  to  throw  off  our  dependence 
upon  Great  Britain,  but  felt  ourselves  happy  under  her  protection, 
while  we  could  enjoy  our  constitutional  rights  and  privileges.  And 
that  we  shall  rejoice  if  such  a  reconciliation  between  us  and  our  par- 
ent State  can  be  effected  as  shall  be  approved  by  the  Continental 
Congress,  in  whose  prudence  and  wisdom  we  confide. 

Accordingly  pursuant  to  the  trust  reposed  in  us.  We  do  Resolve, 
that  this  Congress  assume  the  name,  power  and  authority  of  a  house 
of  Representatives  or  Assembly  for  the  Colony  of  Neiv-Hampslure. 
And  that  said  House  then  proceed  to  choose  twelve  persons,  being 
reputable  freeholders  and  inhabitants  within  this  colony,  in  the  fol- 
lowing manner,  viz.  five  in  the  county  of  Rockingham,  two  in  the 
county  of  Strafford,  two  in  the  county  of  Hillsborough,  two  in  the 
county  of  Cheshire,  and  one  in  the  county  of  Grafton,  to  be  a  distinct 
and  separate  branch  of  the  Legislature  by  the  name  of  a  Council  for 
this  colony,  to  continue  as  such  until  the  third  Wednesday  in  Decem- 
ber next;  any  seven  of  whom  to  be  a  quorum  to  do  business.  That 
such  Council  appoint  their  President,  and  in  his  absence  that  the 
senior  counsellor  preside;  that  a  Secretary  be  appointed  by  both 
branches,  who  may  be  a  counssellor,  or  otherwise,  as  they  shall  choose. 

That  no  act  or  resolve  shall  be  valid  and  put  into  execution  unless 
agreed  to,  and  passed  by  both  branches  of  the  legislature. 

That  all  public  officers  for  the  said  colony,  and  each  county,  for  the 
current  year,  be  appointed  by  the  Council  and  Assembly,  except  the 
several  clerks  of  the  Executive  Courts,  who  shall  be  appointed  by  the 
Justices  of  the  respective  Courts. 

That  all  bills,  resolves,  or  votes  for  raising,  levying  and  collecting 
money  originate  in  the  house  of  Representatives. 

That  at  any  session  of  the  Council  and  Assembly  neither  branch 
shall  adjourn  from  any  longer  time  than  from  Saturday  till  the  next 
Monday  without  consent  of  the  other. 

And  it  is  further  resolved.  That  if  the  present  unhappy  dispute 
with  Great  Britain  should  continue  longer  than  this  present  year,  and 
the  Continental  Congress  give  no  instruction  or  direction  to  the  con- 
trary, the  Council  be  chosen  by  the  people  of  each  respective  county 
in  slich  manner  as  the  Council  and  house  of  Representatives  shall 
order. 


New  Hampshire — 1784  2453 

That  creneral  and  field  officers  of  the  militia,  on  any  vacanc}',  be 
appointed* by  the  two  houses,  and  all  inferior  officers  be  chosen  by  the 
respective  companies. 

That  all  officers  of  the  Army  be  appointed  by  the  tAvo  houses,  except 
they  should  direct  otherwise  in  case  of  any  emergency. 

That  all  civil  officers  for  the  colony  and  for  each  county  be 
appointed,  and  the  time  of  their  continuance  in  office  be  determined 
by  the  two  houses,  except  clerks  of  Courts,  and  county  treasurers,  and 
recorders  of  deeds. 

That  a  treasurer,  and  a  recorder  of  deeds  for  each  county  be  annu- 
ally chosen  by  the  people  of  each  county  respectively;  the  votes  for 
such  officers  to  be  returned  to  the  respective  courts  of  General  Ses- 
sions of  the  Peace  in  the  county,  there  to  be  ascertained  as  the  Council 
and  Assembly  shall  hereafter  direct. 

That  precepts  in  the  name  of  the  Council  and  Assembly,  signed  by 
the  President  of  the  Council,  and  Speaker  of  the  house  of  Representa- 
tives, shall  issue  annually  at  or  before  the  first  day  of  November,  for 
the  choice  of  a  Council  and  house  of  Representatives  to  be  returned 
by  the  third  Wednesday  in  December  then  next  ensuing,  in  such  man- 
ner as  the  Council  and  Assembly  shall  hereafter  i)rescribe." 

CONSTITUTION  OF  NEW  HAMPSHIRE— 1784  *  ^ 
Part  I. — The  Bill  of  Rights 

ARTICLE    I 

All  men  are  born  equally  free  and  independent ;  therefore,  all  gov- 
ernment of  right  originates  from  the  people,  is  founded  in  consent, 
and  instituted  for  the  general  good. 

II.  All  men  have  certain  natural,  essential,  and  inherent  rights; 
among  which  are — the  enjojang  and  defending  life  and  liberty — 

* "  Early  State  Papers  of  New  Hampshire,  Including  the  Constitution  of 
1784,  Journals  of  the  Senate  and  House  of  Representatives,  and  Records  of 
the  President  and  Council  from  .Tune  1784  to  June  1787,  with  an  Appendix 
Containing  an  Abstract  of  the  Official  Records  Relative  to  the  Formation.  Pro- 
mulgation, Consideration,  and  Ado])tion  of  the  Federal  Constitution,  and  Illus- 
trative Notes.  Volume  XX.  Albert  Stillman  Batchellor.  editor  and  compiler. 
iManchester:  John  B.  Clarke,  I'ublic  Printer.  1S!)1."     i)p.  !)-:'.l. 

a  See  "  Constitutional  Conventions  in  New  Hampshire,"  pp.  210-220.  in  the 
Historical  Magazine,  Jul.v,  18(;().  Morrisonia,  N.  Y.,  Henry  B.  Dawson.  New 
York;  American  News  Co.,  London:  Triibner  &  Co.  Idem  for  August.  IStiC. 
"The  New  Hampshire  Constitution  of  177!t.  pp.  2(;0,  201.  "An  Address  of  th(> 
Convention  for  Framing  a  new  Constitution  of  Government  for  the  State  of 
New-Hampshire,  to  the  iidiabitants  of  said  State,  New  Hampshire:  Printed  and 
to  be  sold,  at  the  Printing  Offices  in  Portsmouth  and  Exeter.  MDCCLXXXI." 
pp.  ()3. 

'^  A  convention  met  at  Concoi'd,  Juu(>  10,  1778,  and  framed  a  constitution, 
which  was  submitted  to  the  people  at  their  town-meetings  in  1770.  and  rejected. 
A  new  convention  was  called,  which  met  at  Exeter,  June  12.  17S1.  and  framed 
another  constitution,  which  was  submitted  to  the  people  at  their  town-meet- 
ings for  approval  or  amendments.  So  numerous  were  the  amendments  sug- 
gested, and  so  difficult  was  it  to  reconcile  conflicting  opinions,  that  the  conven- 
tion did  not  complete  its  lal)ors  until  October  .SI,  1783.  The  constitution,  thus 
discussed,  amended,  and  approved  in  detail  by  the  people  of  New  IIami)shire  in 
their  town-meetings  assembled  under  the  supervision  of  the  convention,  was 
inaugurated  June  2,  1784. 


2454  New  Hampshire — 17 8^ 

;u'(iuiring',  possessing  and  protecting  property — and   in  a  word,  of 
seeking  and  obtaining  happiness. 

III.  AVhen  men  enter  into  a  state  of  society,  they  surrender  up 
some  of  their  natural  rights  to  that  society,  in-order  to  insure  the 
protection  of  others;  and,  without  such  an  equivalent,  the  surrender 
is  void. 

IV.  Among  the  natural  rights,  some  are  in  their  very  nature 
unalienable,  because  no  equivalent  can  be  given  or  received  for  them. 
Of  this  kind  are  the  rights  of  consciexce. 

V.  Every  individual  has  a  natural  and  unalienable  right  to  worship 
God  according  to  the  dictates  of  his  own  conscience,  and  reason ;  and 
no  subject  shall  be  hurt,  molested,  or  restrained  in  his  person,  liberty 
or  estate  for  worshipping  God,  in  the  manner  and  season  most  agree- 
able to  the  dictates  of  his  own  conscience,  or  for  his  religious  profes- 
sion, sentiments  or  persuasion  ;  provided  he  doth  not  disturb  the  public 
peace,  or  disturb  others,  in  their  religious  worship. 

VI.  As  morality  and  piety,  rightly  grounded  on  evangelical  prin- 
cijDles,  will  give  the  best  and  greatest  security  to  government,  and  will 
lay  in  the  hearts  of  men  the  strongest  obligations  to  due  subjection ; 
and  as  the  knowledge  of  these,  is  most  likely  to  be  propa^ited  through 
a  society  by  the  institution  of  the  public  worship  of  the  Deity,  and 
of  public  instruction  in  morality  and  religion;  therefore,  to  pro- 
mote those  important  purposes,  the  people  of  this  state  have  a  right 
to  impower,  and  do  hereby  fully  impower  the  legislature  to  authorize 
from  time  to  time,  the  several  towns,  parishes,  bodies-corporate,  or 
religious  societies  within  this  state,  to  make  adequate  provision  at 
their  own  expence,  for  the  support  and  maintenance  of  public  protes- 
tant  teachers  of  piety,  religion  and  morality: 

Provided  notw'itJistanding^  That  the  several  towns,  parishes,  bodies- 
corporate,  or  religious  societies,  shall  at  all  times  have  the  exclusive 
right  of  electing  their  own  public  teachers,  and  of  contracting  with 
them  for  their  support  and  maintenance.  And  no  portion  of  any 
one  particular  religious  sect  or  denomination,  shall  ever  be  com])elled 
to  pay  towards  the  support  of  the  teacher  or  teachers  of  another  per- 
suasion, sect  or  denomination. 

And  every  denomination  of  christians  demeaning  themselves 
quietly,  and  as  good  subjects  of  the  state,  shall  be  equally  under  the 
protection  of  the  law  :  and  no  subordination  of  any  one  sect  or  denomi- 
nation to  another,  shall  ever  be  established  by  law. 

And  nothing  herein  shall  be  understood  to  affect  any  former  con- 
tracts made  for  the  support  of  the  ministry ;  but  all  such  contracts 
shall  remain,  and  be  in  the  same  state  as  if  this  constitution  had  not 
been  made. 

VII.  The  people  of  this  state,  have  the  sole  and  exclusive  right  of 
governing  themselves  as  a  free,  sovereign,  and  independent  state,  and 
do,  and  forever  hereafter  shall,  exercise  and  enjoy  eveiy  power, 
jurisdiction  and  right  pertaining  thereto,  which  is  not,  or  may  not 
hereafter  be  by  them  expressly  delegated  to  the  United  States  of 
America  in  Congress  assembled. 

VIII.  All  power  residing  originally  in,  and  being  derived  from  the 
people,  all  the  magistrates  and  officers  of  government,  are  their  sub- 
stitutes and  agents,  and  at  all  times  accountable  to  them. 


New  Ham})shire — 178Jf.  2455 

IX.  Xo  office  or  place  whatsoever  in  o;ovormiieiU.  shall  be  heredi- 
tary— the  abilities  and  integrity  requisite  in  all,  not  being  transmis- 
sible to  posterity  or  relations. 

X.  Government  being  instituted  for  the  common  benefit,  protection, 
and  security  of  the  whole  community,  and  not  for  the  private  interest 
or  emolument  of  any  one  man.  family  or  class  of  men ;  therefore, 
whenever  the  ends  of  government  are  perverted,  and  public  liberty 
manifestl}'  endangered,  and  all  other  means  of  redress  are  ineffectual, 
the  people  may,  and  of  right  ought,  to  reform  the  old,  or  establish 
a  new  government.  The  doctrine  of  non-resistance  against  arbitrary 
power,  and  op])ression,  is  absurd,  slavish,  and  destructive  of  the  good 
and  ha})piness  of  mankind. 

XI.  All  elections  ought  to  be  free,  and  every  inhabitant  of  the 
state  having  the  proj^er  qualifications,  has  equal  right  to  elect,  and  be 
elected  into  office. 

XII.  Every  member  of  the  community  has  a  right  to  be  protected 
by  it  in  the  enjoyment  of  his  life,  libert}^  and  property;  he  is  there- 
fore bound  to  contribute  his  share  in  the  expence  of  such  protection, 
and  to  yield  his  personal  service  when  necessary,  or  an  equivalent. 
But  no  part  of  a  man's  property  shall  be  taken  from  him,  or  aj^plied 
to  public  uses,  without  his  own  consent,  or  that  of  the  representative 
body  of  the  people.  Xor  are  the  inhabitants  of  this  state  controllable 
by  any  other  laws  than  those  to  which  they  or  their  representative 
body  have  given  their  consent. 

XIII.  Xo  person  who  is  conscientiously  scrupulous  about  the  law- 
fulness of  bearing  arms,  shall  be  compelled  thereto,  provided  he  will 
pay  an  equivalent. 

XIV.  Every  subject  of  this  state  is  entitled  to  a  certain  remedy,  by 
having  recourse  to  the  laws,  for  all  injuries  he  may  receive  in  his  per- 
son, property  or  character,  to  obtain  right  and  justice  freel}^  without 
being  obliged  to  purchase  it ;  completely,  and  without  any  denial ; 
promptly,  and  without  delay,  conformably  to  the  laws. 

XV.  No  subject  shall  be  held  to  answer  for  any  crime,  or  offence, 
imtil  the  same  is  fullj^  and  plainl}^,  substantially  and  formally,  de- 
scribed to  him;  or  be  compelled  to  accuse  or  furnish  evidence  againsr 
himself.  And  every  subject  shall  have  a  right  to  produce  all  proof-^ 
that  may  be  favorable  to  himself:  to  meet  the  witnesses  against  him 
face  to  face,  and  to  be  fully  heard  in  his  defence  by  himself,  and 
counsel.  And  no  subject  shall  be  arrested,  imj^risoned,  despoiled,  or 
deprived  of  his  projjcrty,  imnnmities,  or  privileges,  put  out  of  the 
protection  of  the  law,  exiled  or  deprived  of  his  life,  liberty,  or  estate, 
but  by  the  judgment  of  his  peers  or  the  law  of  the  land. 

XVI.  Xo  subject  shall  be  liable  to  be  tried,  after  an  acquittal,  for 
the  same  crime  or  offence. — Xor  shall  the  legislature  make  any  hnv 
that  shall  subject  any  person  to  a  capital  punishment,  excepting  for  the 
government  of  the  army  and  navy,  and  the  militia  in  actual  servic(>. 
without  trial  by  jury. 

XVII.  In  criminal  prosecutions,  the  trial  of  facts  in  the  vicinily 
where  they  happen,  is  so  essential  to  the  security  of  the  life,  lib- 
erty and  estate  of  the  citizen,  that  no  crime  or  offence  ought  to  be 
tried  in  any  other  county  than  that  in  which  it  is  committed;  except 
in  cases  of  general  insurrection  in  any  particular  county,  when  it  shall 


2456  New  Hampshire— 1784 

appear  to  the  Judges  of  the  Superior  Court,  that  an  impartial  trial 
cannot  be  had  in  the  county  where  the  offence  may  be  conunitted,  and 
upon  their  report,  the  assembly  shall  think  proper  to  direct  the  trial 
in  the  nearest  county  in  which  an  impartial  trial  can  be  obtained. 

XVIII.  All  penalties  ought  to  be  proportioned  to  the  nature  of  the 
offence.  No  wise  legislature  will  affix  the  same  punishment  to  the 
crimes  of  theft,  forgery  and  the  like,  which  they  do  to  those  of  murder 
and  treason;  where  the  same  undistinguishing  severity  is  exerted 
against  all  offences;  the  peoj)le  are  led  to  forget  the  real  distinction 
in  the  crimes  themselves,  and  to  commit  the  most  flagrant  with  as 
little  compunction  as  they  do  those  of  the  lightest  dye :  For  the  same 
reason  a  multitude  of  sanguinary  laws  is  both  impolitic  and  unjust. 
The  true  design  of  all  punishment^  being  to  reform,  not  to  extermi- 
nate, mankind. 

XIX.  Every  subject  hath  a  right  to  be  secure  from  all  unreasonable 
searches  and  seizures  of  his  person,  his  houses,  his  papers,  and  all  his 
possessions.  All  warrants,  therefore,  are  contrary  to  this  right,  if  the 
cause  or  foundation  of  them  be  not  previously  supported  by  oath,  or 
affirmation ;  and  if  the  order  in  the  warrant  to  a  civil  officer,  to  make 
search  in  suspected  places,  or  to  arrest  one  or  more  suspected  persons, 
or  to  seize  their  property,  be  not  accompanied  with  a  special  designa- 
tion of  the  persons  or  objects  of  search,  arrest,  or  seizure;  and  no 
warrant  ought  to  be  issued  but  in  cases,  and  with  the  formalities  pre- 
scribed by  the  laws. 

XX.  In  all  controversies  concerning  property,  and  in  all  suits  be- 
tween two  or  more  persons,  except  in  cases  in  which  it  has  been  here- 
tofore otherwise  used  and  practiced,  the  parties  have  a  right  to  a  trial 
by  jury;  and  this  method  of  procedure  shall  be  held  sacred,  unless 
in  causes  arising  on  the  high  seas,  and  such  as  relate  to  mariners 
wages,  the  legislature  shall  think  it  necessary  hereafter  to  alter  it, 

XXI.  In  order  to  reap  the  fullest  advantage  of  the  inestimable 
privilege  of  the  trial  by  jury,  great  care  ought  to  be  taken  that  none 
but  qualified  persons  should  be  appointed  to  serve;  and  such  ought 
to  be  fully  compensated  for  their  travel,  time  and  attendance. 

XXII.  The  Liberty  of  the  Press  is  essential  to  the  security  of  free- 
dom in  a  state ;  it  ought,  therefore,  to  be  inviolably  preserved. 

XXIII.  Retrospective  laAvs  are  highly  injurious,  oppressive  and 
unjust.  Xo  such  laws,  therefore,  should  be  made,  either  for  the  de- 
cision of  civil  causes,  or  the  punishment  of  offences. 

XXIV.  A  well  regulated  militia  is  the  proper,  natural,  and  sure 
defence  of  a  state. 

XXV.  Standing  armies  are  dangerous  to  liberty,  and  ought  not  to 
be  raised  or  kept  up  without  the  consent  of  the  legislature. 

XXVL  In  all  cases,  and  at  all  times,  the  military  ought  to  be  under 
strict  subordination  to,  and  governed  by  the  civil  power. 

XXVII.  No  soldier  in  time  of  peace,  shall  be  quartered  in  any 
house  without  the  consent  of  the  owner;  and  in  time  of  war,  such 
quarters  ought  not  to  be  made  but  by  the  civil  magistrate,  in  a  man- 
ner ordained  by  the  legislature. 

XXVIII.  No  subsidy,  charge,  tax,  impost  or  duty  shall  be  estab- 
lished, fixed,  laid,  or  levied,  under  any  pretext  Avhatsoever,  Avithout 
the  consent  of  the  people  or  their  representatives  in  the  legislature, 
or  autlioritv  dcM'ived  from  that  l'»odv. 


New  Hampshire— 1784  2457 

XXIX.  The  power  of  suspending  the  laws,  or  the  execution  of 
them,  ought  never  to  be  exercised  but  by  the  legishiture,  or  by  author- 
ity derived  therefrom,  to  be  exercised  in  such  particular  cases  only 
as  the  legislature  shall  expressly  provide  for. 

XXX.  The  freedom  of  deliberation,  speech,  and  debate,  in  either 
house  of  the  legislature,  is  so  essential  to  the  rights  of  the  people, 
that  it  cannot  be  the  foundation  of  any  action,  complaint,  or  prose- 
cution, in  an}'  other  court  or  place  whatsoever. 

XXXI.  The  legislature  ought  frecjuently  to  assemble  for  the 
redress  of  grievances,  for  correcting,  strengthening  and  confirming 
the  laws,  and  for  making  new  ones,  as  the  common  good  may  require. 

XXXII.  The  people  have  a  right  in  an  orderly  and  peaceable 
manner,  to  assemble  and  consult  upon  the  common  good,  give  instruc- 
tions to  their  representatives;  and  to  request  of  the  legislative  body, 
by  way  of  petition  or  remonstrance,  redress  of  the  wrongs  done 
them,  and  of  the  grievances  they  suffer. 

XXXIII.  Xo  magistrate  or  court  of  law  shall  demand  excessive 
bail  or  sureties,  impose  excessive  fines,  or  inflict  cruel  or  unusual 
punishments. 

XXXIV.  No  person  can  in  any  case  be  subjected  to  law  martial, 
or  to  any  pains,  or  penalties,  by  virtue  of  that  law,  except  those 
employed  in  the  army  or  navy,  and  except  the  militia  in  actual  serv- 
ice, but  by  authority  of  the  legislature. 

XXXV.  It  is  essential  to  the  preservation  of  the  rights  of  every 
individual,  his  life,  liberty,  property  and  character,  that  there  be  an 
impartial  interpretation  of  the  laws,  and  administration  of  justice. 
It  is  the  right  of  cA'ery  citizen  to  be  tried  by  judges  as  impartial  as  the 
lot  of  humanity  will  admit.  It  is  therefore  not  only  the  best  policy, 
but  for  the  security  of  the  rights  of  the  people,  that  the  judges  of  the 
supreme  (or  superior)  judicial  court  should  hold  their  offices  so  long 
as  they  behave  well;  and  that  they  should  have  honorable  salaries, 
ascertained  and  established  by  standing  laws. 

XXXVI.  Economy  being  a  most  essential  virtue  in  all  states, 
especially  in  a  young  one;  no  pension  shall  be  granted,  but  in  consid- 
eration of  actual  services,  and  such  pensions  ought  to  be  granted  with 
great  caution,  by  the  legislature,  and  never  for  more  than  one  year 
at  a  time. 

XXXVII.  In  the  government  of  this  state,  the  three  essential 
powers  thereof,  to  wit,  the  legislative,  executive  and  judicial,  ought 
to  be  kept  as  separate  from  and  independent  of  each  other,  as  the 
nature  of  a  free  government  will  admit,  or  as  is  consistent  with  that 
chain  of  connection  that  binds  the  whole  fabric  of  the  constitution  in 
one  indissoluble  bond  of  union  and  amity. 

XXXVIII.  A  frequent  recurrence  to  the  fundamental  ]:)rinciiiles 
of  the  Constitution,  and  a  constant  adherence  to  justice,  moderation, 
temperance,  industry,  frugality,  and  all  the  social  virtues,  are  indis- 
pensably necessary  to  preserve  the  blessings  of  liberty  and  good  gov- 
ernment; the  people  ought,  therefore,  to  have  a  particular  regard  to 
all  those  principles  in  the  choice  of  their  officers  and  representatives  : 
and  they  have  a  right  to  require  of  their  law-givers  and  magistrates, 
an  exact  and  constant  observance  of  them  in  the  foruiation  and  execu- 
tion of  the  laws  necessary  for  the  good  administration  of  government. 


2458  New  Hnmpshire — 1784 

Part  II. — The  FoRisr  of  Government 

The  people  inhabiting  the  territory  formerly  called  the  Province  of 
New-Hampshire,  do  hereb}'  solemnly  and  mutnalh'  agree  with  each 
other,  to  form  themselves  into  a  free,  sovereign,  and  independent 
Body-politic,  or  State,  by  the  name  of  the  State  of  Xeav  Hampshire. 

THE    GENERAL    (01  RT 

The  supreme  legislative  power  within  this  state  shall  be  vested  in 
the  senate  and  house  of  representatives,  each  of  which  shall  have  a 
negative  on  the  other. 

The  senate  and  house  shall  assemble  every  year  on  the  first  Wednes- 
day of  June,  and  at  such  other  times  as  they  may  judge  necessary; 
and  shall  dissolve,  and  be  dissolved,  seven  days  next  preceding  the 
said  first  Wednesday  of  June;  and  shall  be  stiled  The  General 
Court  of  Xew-Hajipshire. 

The  general  court  shall  forever  have  full  power  and  authority  to 
erect  and  constitute  judicatories  and  courts  of  record,  or  other  courts, 
to  be  holden  in  the  name  of  the  state,  for  the  hearing,  trying,  and 
determining  all  manner  of  crimes,  offences,  pleas,  processes,  plaints, 
actions,  causes,  matters  and  things  whatsoever,  arising,  or  ha]:)pening 
within  this  state,  or  between  or  concerning  persons  inhabiting  or 
residing,  or  brought  within  the  same,  whether  the  same  be  criminal  or 
civil,  or  whether  the  crimes  be  capital  or  not  capital,  and  whether 
the  said  pleas  be  real,  personal,  or  mixed;  and  for  the  awarding. and 
.  issuing  execution  thereon.  To  which  courts  and  judicatories  are 
hereby  giA'en  and  granted  full  power  and  authority,  from  time  to  time 
to  administer  oaths  or  affirmations,  for  the  better  discovery  of  truth 
in  any  matter  in  controversy,  or  depending  before  them. 

And  farther,  full  power  and  authority  are  hereby  given  and 
granted  to  the  said  general  court,  from  time  to  time,  to  make,  ordain 
and  establish,  all  manner  of  wholesome  and  reasonable  orders,  laws, 
statutes,  ordinances,  directions  and  instructions,  either  with  penalties 
or  without ;  so  as  the  same  be  not  repugnant,  or  contrary  to  this  con- 
stitution, as  they  may  judge  for  the  benefit  and  welfare  of  this  state, 
and  for  the  governing  and  ordering  thereof,  and  of  the  subjects  of 
the  same,  for  the  necessary  support  and  defence  of  the  government 
thereof;  and  to  name  and  settle  annually,  or  provide  by  fixed  laws, 
for  the  naming  and  settling  all  civil  officers  within  this  state;  such 
officers  excepted,  the  election  and  appointment  of  whom,  are  hereafter 
in  this  form  of  government  otherwise  provided  for ;  and  to  set  forth 
the  several  duties,  powers  and  limits,  of  the  several  civil  and  military 
officers  of  this  state,  and  the  forms  of  such  oaths  or  affirmations,  as 
shall  be  respectively  administered  unto  them  for  the  execution  of 
their  several  offices  and  places,  so  as  the  same  be  not  repugnant  or  con- 
trary to  this  constitution ;  and  also  to  impose  fines,  mulcts,  imprison- 
ments, and  other  punishments;  and  to  impose  and  levy  pro])ortional 
and  reasonable  assessments,  rates  and  taxes,  upon  all  the  inhabitants 
of.  and  residents  within  the  said  state;  and  upon  all  estates  within 
the  same ;  to  be  issued  and  disposed  of  by  warrant  under  the  hand  of 
the  president  of  this  state  for  the  time  being,  with  the  advice  and  con- 
sent of  the  council,  for  the  public  service,  in  the  necessary  defence 


Xeic  Hampshire — 1784  2459 

and  support  of  the  govpriiment  of  this  state,  and  the  protection  and 
preservation  of  the  subjects  thereof,  accordino;  to  such  acts  as  are.  or 
shall  be  in  force  within  the  same. 

And  while  the  public  charges  of  government  or  any  part  thereof, 
shall  be  assessed  on  polls  and  estates  in  the  manner  that  has  hereto- 
fore been  practiced;  in  order  that  such  assessments  may  l)e  made 
with  equality,  there  shall  be  a  valuation  of  the  estates  within  the 
state  taken  anew  once  in  every  five  years  at  least,  and  as  mucli  oftener 
as  the  general  court  shall  order. 

SENATE 

There  shall  be  annually  elected  hj  the  freeholders  and  other  in- 
habitants of  this  state,  qualihed  as  in  this  constitution  is  provided, 
tAvelve  persons  to  be  senators  fur  the  year  ensuing  their  election ;  to 
be  chosen  in  and  by  the  inhabitants  of  the  districts,  into  which  this 
state  ma}'  from  time  to  time  be  divided  by  the  general  court,  for  that 
purpose;  and  the  general  court  in  assigning  the  numl)er  to  be  elected 
by  the  respective  districts,  shall  govern  themselves  by  the  proportion 
of  ])ublic  taxes  i)aid  by  the  said  districts;  and  timely  make  known  to 
the  inhabitants  of  the  state,  the  limits  of  each  district,  and  the  num- 
ber of  senators  to  be  elected  therein:  provided  the  innnber  of  such 
districts  shall  never  Ije  uiore  than  ten.  nor  less  than  five. 

And  the  several  counties  in  this  state,  shall,  until  the  general  court 
shall  order  otherwise,  be  districts  for  the  election  of  senators,  and 
shall  elect  the  following  number,  viz. 

RocKixGHAM,  five.  Strafford.  two.  Hillsborough,  two.  Chesh- 
ire, two.     Graftox,  oue. 

The  senate  shall  be  the  first  branch  of  the  legislature :  and  the 
senators  shall  be  chosen  in  the  following  manner,  viz.  P^very  male 
inhabitant  of  each  town  and  parish  with  town  jjrivileges  in  the  sev- 
eral counties  in  this  state,  of  twenty-one  A^ears  of  age  and  upwards, 
paying  for  himself  a  poll  tax,  shall  have  a  right  at  the  annual  or 
other  meetings  of  the  inhabitants  of  said  towns  and  ])arishes,  to  be 
duly  warned  and  holden  annually  forever  in  the  month  of  March:  to 
vote  in  the  town  or  parish  wherein  he  dwells,  for  the  senators  in  the 
county  or  district  whereof  he  is  a  member. 

Am)  every  person  (pialified  as  the  constitution  j^rovides.  shall  be 
considered  an  inhal)itaiit  for  the  purpose  of  electing  and  being  eUn'ted 
into  any  office  or  phice  within  this  state,  in  that  town,  parish  and 
plantation  where  he  dwelleth  and  hath  his  home. 

The  selectmen  of  the  several  towns  and  parishes  aforesaid,  shall, 
during  the  choice  of  senators,  preside  at  such  meetings  impartially, 
and  shall  receive  the  votes  of  all  the  inhabitants  of  such  towns  and 
parishes  ])resent  and  (pialified  to  vote  for  senators,  and  shall  sort  and 
count  the  same  in  the  meeting,  and  in  presence  of  the  town-clerk,  who 
shall  make  a  fair  record  in  i)resence  of  the  selectmen,  and  in  oj^en 
meeting,  of  the  name  of  every  ]:)erson  voted  for.  and  the  inunber  of 
votes  against  his  name:  and  a  fair  co])y  of  this  record  shall  be  attested 
by  the  selectmen  and  town-clerk,  and  shall  be  sealed  up  and  directed 
to  the  secretary  of  the  state,  with  a  superscription  expressing  the  pur- 
jiort  thereof,  and  delivered  by  said  clerk  to  the  sheriff  of  the  county 
in  which  such  town  or  jjurish  lies,  thirty  days  at  least,  before  the  first 


2460  New  Hampshire— 1784 

Wednesday  of  June;  and  the  sheriff  of  each  county,  or  his  deputy, 
shall  deliver  all  such  certificates  by  him  received,  into  the  secretary's 
office,  seventeen  days  at  least,  before  the  first  Wednesday  of  June. 

And  the  inhabitants  of  plantations  and  places  unincorporated, 
qualified  as  this  constitution  provides,  who  are  or  shall  be  required  to 
assess  taxes  upon  themselves  towards  the  support  of  government,  or 
shall  be  taxed  therefor,  shall  have  the  same  privilege  of  voting  for 
senators  in  the  plantations  and  places  wherein  they  reside,  as  the 
inhabitants  of  the  respective  towns  and  parishes  aforesaid  have.  And 
the  meetings  of  such  plantations  and  places  for  that  purpose,  shall 
be  holden  annually  in  the  month  of  March,  at  such  places  respectively 
therein,  as  the  assessors  thereof  shall  direct ;  which  assessors  shall  have 
like  authority  for  notifying  the  electors,  collecting  and  returning  the 
votes,  as  the  selectmen  and  town-clerks  have  in  their  several  towns 
by  this  constitution. 

"  And,  that  there  may  be  a  due  meeting  of  senators,  on  the  first  Wed- 
nesday of  June,  annually,  the  president  and  three  of  the  council  for 
the  tiine  being,  shall  as  soon  as  may,  examine  the  returned  copies  of 
such  records;  and  fourteen  days  before  the  said  first  Wednesday  of 
June,  he  shall  issue  his  summons  to  such  persons  as  appear  to  be 
chosen  senators  )w  a  majority  of  votes,  to  attend  and  take  their  seats 
on  that  day:  Prorided.,  nerertheless,  that  for  the  first  year  the  said 
returned  copies  shall  be  examined  by  the  president  and  five  of  the 
council  of  the  former  constitution  of  government ;  and  the  said  presi- 
dent shall  in  like  manner  notify  the  persons  elected,  to  attend  and  take 
their  seats  accordingly. 

The  senate  shall  be  final  judges  of  the  elections,  returns,  and  quali- 
fications of  their  own  members,  as  pointed  out  in  this  constitution,  and 
shall  on  the  said  first  Wednesday  of  June  annually,  determine  and 
declare,  who  are  elected- by  each  district  to  be  senators  by  a  majority 
of  votes:  and  in  case  there  shall  not  appear  to  be  the  full  number 
returned  elected  by  a  majority  of  votes  for  any  district,  the  deficiency 
shall  be  supplied  in  the  following  manner,  viz.  The  members  of  the 
house  of  representatives  and  such  senators  as  shall  be  declared  elected, 
shall  take  the  names  of  such  persons  as  shall  be  found  to  have  the 
highest  number  of  votes  in  each  district,  and  not  elected,  amounting 
to  twice  the  number  of  senators  wanting,  if  there  be  so  many  votecl 
for;  and  out  of  these  shall  elect  by  joint  ballot  the  number  of  senators 
Avanted  for  such  district:  and  in  this  manner  all  such  vacancies  shall 
be  filled  up  in  every  district  of  the  state,  and  in  like  manner  all 
vacancies  in  the  senate,  arising  by  death,  removal  out  of  the  state,  or 
otherwise,  shall  be  supplied  as  soon  as  may  be  after  such  vacancies 
happen. 

Provided  nevertheless.  That  no  person  shall  be  capable  of  being 
elected  a  senator,  who  is  not  of  the  protestant  religion,  and  seized 
of  a  freehold  estate  in  his  own  right  of  the  value  of  tv:o  hundred 
pounds^  lying  within  this  state,  who  is  not  of  the  age  of  thirty  years, 
and  who' shall  not  have  been  an  inhabitant  of  this  state  for  seven 
years  immediately  preceding  his  election;  and  at  the  time  thereof 
he  shall  be  an  inhabitant  of  the  district  for  which  he  shall  be  chosen. 

The  senate  shall  have  power  to  adjourn  themselves,  provided  such 
adjournment  do  not  exceed  two  days  at  a  time. 

The  senate  shall  appoint  their  oAvn  officers,  and  determine  their 
own  rules  of  proceedings.     And  not  less  than  seven  members  of  the 


New  Hampshire — 1784  2461 

senate  shall  make  a  quorum  for  doing  business;  and  when  less  than 
eight  senators  shall  be  i)resent,  the  assent  of  five  at  least  shall  be 
necessary  to  render  their  acts  and  proceedings  valid. 

The  senate  shall  be  a  court  with  full  power  and  authoritj^  to  hear 
and  determine  all  impeachments  made  by  the  house  of  represent- 
atives, against  any  officer  or  officers  of  the  state,  for  misconduct,  or 
mal-administration  in  their  offices.  But  previous  to  the  trial  of  any 
such  impeachuient.  the  uieuibers  of  the  senate  shall  respectively  l)e 
sworn,  truly  and  impartially  to  try  and  determine  the  charge  in 
question  according  to  evidence.  Their  judgment,  however,  shall  not 
extend  farther  than  removal  from  office,  disqualification  to  hold  or 
enjoy  any  place  of  honor,  trust  or  profit  under  this  state;  but  the 
party  so  convicted,  shall  nevertheless  be  liable  to  indictment,  trial, 
judgment,  and  punishment,  according  to  laws  of  the  land. 

HOUSE    OF    REPRESENTATIVES 

There  shall  be  in  the  legislature  of  this  state  a  representation  of 
tlie  people  annually  elected  and  founded  upon  principles  of  equality: 
and  in  order  that  such  representation  may  be  as  equal  as  circum- 
stances will  admit,  every  town,  parish  or  place  intitled  to  town  priv- 
ileges, having  one  hundred  and  fifty  rateable  male  polls,  of  twenty- 
one  years  of  age,  and  upwards,  may  elect  one  representative ;  if  four 
hundred  and  fifty  rateable  polls,  may  elect  two  representatives;  and 
so  proceeding  in  that  proportion,  making  three  hundred  such  rateable 
polls  the  mean  increasing  number,  for  every  additional  representative. 

Such  towns,  [)arishes  or  places  as  have  less  than  one  hundred  and 
fifty  rateable  polls  shall  be  classed  by  the  general-assembly  for  the 
purpose  of  chusing  a  representative,  and  seasonably  notified  thereof. 
And  in  every  class  formed  for  the  above-mentioned  purpose,  the 
first  annual  meeting  shall  be  held  in  the  town,  parish,  or  place 
Avherein  most  of  the  rateable  polls  reside;  and  afterwards  in  that 
which  has  the  next  highest  number,  and  so  on  annually  by  rotation, 
through  the  several  towns,  i)arishes  or  places,  forming  the  district. 

Whenever  any  town,  parish,  or  place  intitled  to  town  privileges  as 
aforesaid,  shall  not  have  one  hundred  and  fifty  rateable  ])olls.  and 
be  so  situated  as  to  render  the  classing  thereof  with  any  other  town. 
parish,  or  place  very  inconvenient,  the  general-assembly  nuiy  upon 
application  of  a  majority  of  the  voters  in  such  town,  parish,  or  place, 
issue  a  writ  for  their  electing  and  sending  a  representative  to  the 
general-court. 

The  members  of  the  house  of  representatives  shall  be  chosen  annu- 
ally in  the  month  of  March,  and  shall  be  the  second  branch  of  the 
legislature. 

All  persons  qualified  to  vote  in  the  election  of  senators  shall  be 
intitled  to  vote  within  the  town,  district,  parish,  or  place  where  they 
dwell,  in  the  choice  of  representatives.  Every  member  of  the  house 
of  representatives  shall  be  chosen  by  ballot ;  and  for  two  years  at 
least  next  preceding  his  election,  shall  have  been  an  inhabitant  of 
this  state,  shall  have  an  estate  within  the  town,  parish,  or  place  which 
he  may  be  chosen  to  represent,  of  the  value  of  one  /u/ndred  pounds^ 
one  half  of  which  to  be  a  freehold,  whereof  he  is  seized  in  his  own 
right;  shall  be  at  the  time  of  his  election,  an  inhabitant  of  the  town, 
parish,  or  place  he  may  be  chosen  to  represent ;  shall   be  of  the 


2462  New  Hampshire— 1784 

protestant  religion,  and  shall  cease  to  represent  such  toAvn.  parish,  or 
place  immediately  on  his  ceasing  to  be  qualified  as  aforesaid. 

The  travel  of  each  representative  to  the  general-assembly,  and 
returning  home,  once  in  every  session,  and  no  more,  shall  be  at  the 
expence  of  the  state,  and  the  wages  for  his  attendance,  at  the  expence 
of  the  toAvn,  parish,  or  places  he  represents ;  such  members  attending 
seasonably,  and  not  departing  without  licence.  All  intermediate 
vacancies  in  the  house  of  representatives,  may  be  filled  up  from  time 
to  time,  in  the  same  manner  as  annual  elections  are  made. 

The  house  of  representatives  shall  be  the  grand  inquest  of  the 
state,  and  all  impeachments  made  by  them,  shall  be  heard  and  tried 
by  the  senate. 

All  money  bills  shall  originate  in  the  house  of  representatives, 
but  the  senate  may  propose  or  concur  with  amendments  as  on  other 
bills. 

The  house  of  representatives  shall  have  power  to  adjourn  them- 
selves, but  no  longer  than  tAvo  days  at  a  time. 

A  majority  of  the  members  of  the  house  of  representatives  shall  be 
a  quorum  for  doing  business;  but  when  less  than  two-thirds  of  the 
representatives  elected  shall  be  present,  the  assent  of  two-thirds  of 
those  members  shall  be  necessary  to  render  their  acts  and  proceedings 
valid. 

No  member  of  the  house  of  representatives  or  senate,  shall  be 
arrested  or  held  to  bail  on  mean  process,  during  his  going  to.  return- 
ing from,  or  attendance  upon  the  court. 

The  house  of  representatives  shall  choose  their  OAvn  speaker,  ap- 
point their  oAvn  officers,  and  settle  the  rules  of  proceedings  in  their 
OAvn  house.  They  shall  liaA^e  authority  to  punish  by  imprisonment, 
CA'ery  person  Avho  shall  be  guilty  of  disrespect  to  the  house  in  its 
presence,  by  any  disorderly  or  contemptuous  behaA^our,  or  by  threat- 
ening, or  ill  treating  any  of  its  members ;  or  by  obstructing  its  delib- 
erations; CA^ery  j^erson  guilty  of  a  breach  of  its  privileges  in  making 
arrests  for  debt,  or  by  assaulting  any  member  during  his  attendance 
at  any  session;  in  assaulting  or  disturbing  any  one  of  its  officers  in 
the  execution  of  any  order  or  procedure  of  the  house,  in  assaulting 
any  Avitness,  or  other  person,  ordered  to  attend  by  and  during  his 
attendance  of  the  house,  or  in  rescuing  anj'  person  arrested  by  order 
of  the  house,  knowing  them  to  be  such.  The  senate,  president  and 
council,  shall  haA^e  the  same  powers  in  like  cases;  proA^ided  that  no 
imprisonment  by  either,  for  any  offence,  exceed  ten  days. 

The  journals  of  the  proceedings  of  both  houses  of  the  general- 
court,  shall  be  printed  and  published,  immediately  after  cA'ery  ad- 
journment, or  prorogation ;  and  upon  motion  made  by  any  one  mem- 
ber, the  yeas  and  nays  upon  any  question,  shall  be  taken  and  entered 
in  the  journals. 

executive   POAVER. PRESroENT 

There  shall  be  a  sui^reme  executiA'e  magistrate,  who  shall  be  stiled. 
The  President  of  the  State  or  Neav-Hampshire;  and  Avhose  title 
shall  be  His  Excellency. 

The  President  shall  be  chosen  annually;  and  no  person  shall  be 
eligible  to  this  office,  unless  at  the  time  of  his  election,  he  shall  haA-e 
been  an  inhabitant  of  this  state  for  se\"en  years  next  preceding,  and 


New  Ha7npshire—1784  2463 

unless  he  shall  be  of  the  nge  of  thirty  years;  and  unless  he  shall,  at 
the  same  time,  have  an  estate  of  the  value  of  fire  hundred  pounds^  one 
half  of  Avhich  shall  consist  of  a  freehold,  in  his  own  right,  within  the 
state;  and  unless  he  shall  be  of  the  Protestant  religion. 

Those  persons  qualified  to  vote  for  senators  and  representatives, 
shall  within  the  several  towns,  parishes  or  places,  Avhere  they  dwell, 
at  a  meeting  to  be  called  for  that  purpose,  some  day  in  the  month  of 
March  annually,  give  in  their  votes  for  a  presitlent  to  the  selectmen, 
who  shall  preside  at  such  meeting,  and  the  clerk  in  the  presence  and 
with  the  assistance  of  the  selectmen,  shall  in  open  meeting  sort  and 
count  the  votes,  and  form  a  list  of  the  persons  voted  for.  with  the  num- 
ber of  votes  for  each  person  against  his  name,  and  shall  make  a  fair 
record  of  the  same  in  the  town  books,  and  a  public  declaration  thereof 
in  the  said  meeting;  and  shall  in  the  presence  of  said  inhabitants, 
seal  up  a  copy  of  said  list  attested  by  him  and  the  selectmen,  and 
transmit  the  same  to  the  sheriff  of  the  count}-,  thirty  days  at  least 
before  the  first  Wednesda^^  of  June,  or  shall  cause  returns  of  the 
same  to  be  made  to  the  office  of  the  secretary  of  the  state,  seventeen 
days  at  least,  before  said  day,  who  shall  lay  the  same  before  the 
senate  and  house  of  representatives  on  the  first  Wednesday  of  June, 
to  be  b}'  them  examined;  and  in  case  of  an  election  by  a  majority  of 
votes  through  the  state,  the  choice  shall  be  by  them  declared,  and 
published ;  but  if  no  person  shall  have  a  majority  of  votes,  the  house 
of  representatives  shall  by  ballot  elect  two  out  of  the  four  persons  w  ho 
had  the  highest  number  of  votes,  if  so  many  shall  have  been  Aoted 
for;  but  if  otherAvise,  out  of  the  number  voted  for;  and  nudve  return 
to  the  senate  of  the  two  persons  so  elected,  on  which  the  senate  shall 
proceed  by  ballot  to  elect  one  of  them  Avho  shall  be  declared  i^resident. 

The  president  of  the  state  shall  preside  in  the  senate,  shall  have  a 
vote  equal  with  mny  other  member;  and  shall  also  have  a  casting  vote 
in  case  of  a  tie. 

The  president  with  advice  of  council,  shall  have  full  power  and 
authority  in  the  recess  of  the  general  court,  to  prorogue  the  same 
from  time  to  time,  not  exceeding  ninet}^  da^'s  in  any  one  recess  of  said 
court;  and  during  the  session  of  said  court,  to  adjourn  or  prorogue 
it  to  any  time  the  two  houses  may  desire,  and  to  call  it  together 
sooner  than  the  time  to  wdiich  it  may  be  adjourned,  or  prorogued, 
if  the  welfare  of  the  state  should  require  the  same. 

In  cases  of  disagreement  between  the  two  houses,  with  regard  to 
the  time  .of  adjournment,  or  prorogation,  the  president,  with  advice 
of  council,  shall  have  a  right  to  adjourn  or  prorogue  the  general 
court,  not  exceeding  ninety  days,  at  any  one  time,  as  he  may  deter- 
mine the  public  good  may  require.  And  he  shall  dissolve  the  same 
seven  days  before  the  said  first  Wednesda}-  of  June.  And  in  case  of 
any  infectious  distemper  prevailing  in  the  place  where  the  said  court 
at  any  time  is  to  convene,  or  any  other  cause  whereby  dangers  may 
arise  to  the  healths  or  lives  of  the  members  from  their  attendance, 
the  president  may  direct  the  session  to  be  holden  at  some  other  the 
most  convenient  place  Avithin  the  State. 

The  president  of  this  state  for  the  time  being,  shall  be  commander 
in  chief  of  the  army  and  navy,  and  all  the  military  forces  of  the 
state,  by  sea  and  land;  and  shall  have  full  power  by  himself,  or  by 
any  chief  conmuinder,  or  other  officer,  or  officers,  from  time  to  time. 


2464  New  Hampshire— 17 8 4 

to  train,  instruct,  exercise  and  govern  the  militia  and  navy;  and  for 
the  si^ecial  defence  and  safety  of  this  state  to  assemble  in  martial 
array,  and  put  in  warlike  posture,  the  inhabitants  thereof,  and  to 
lead  and  conduct  them,  and  with  them  to  encounter,  expulse,  repel, 
resist  and  pursue  b}-  force  of  arms,  as  well  by  sea  as  by  land,  within 
and  without  the  limits  of  this  state;  and  also  to  kill  slay,  destroy, 
if  necessary,  and  conquer  by  all  fitting  ways,  enterprize  and  means, 
all  and  every  such  person  and  persons  as  shall,  at  any  time  hereafter, 
in  a  hostile  manner,  attempt  or  enterj^rize  the  destruction,  invasion, 
detriment,  or  annoyance  of  this  state;  and  to  use  and  exercise  over 
the  army  and  navy,  and  over  the  militia  in  actual  service,  the  law- 
martial  in  time  of  war,  invasion,  and  also  in  rebellion,  declared  by 
the  legislature  to  exist,  as  occasion  shall  necessarily  require:  and  sur- 
prize by  all  ways  and  means  whatsoever,  all  and  every  such  person 
or  persons,  with  their  ships,  arms,  ammunition,  and  other  goods,  as 
shall  in  a  hostile  manner  invade  or  attempt  the  invading,  conquering, 
or  annoying  this  state :  and  in  fine,  the  j^resident  hereby  is  entrusted 
Avith  all  other  powers  incident  to  the  office  of  captain-general  and 
commander  in  chief,  and  admiral,  to  be  exercised  agreeably  to  the 
rules  and  regulations  of  the  constitution,  and  the  laws  of  the  land; 
l^rovided  that  the  president  shall  not  at  any  time  hereafter,  b}-  virtue 
of  any  jiower  by  this  constitution  granted,  or  hereafter  to  be  granted 
to  him  by  the  legislature,  transport  any  of  the  inhabitants  of  this 
state,  or  oblige  them  to  march  out  of  the  limits  of  the  same,  without 
their  free  and  voluntary  consent,  or  the  consent  of  the  general  court, 
nor  grant  commissions  for  exercising  the  law-martial  in  any  case, 
without  the  advice  and  consent  of  the  council. 

The  power  of  pardoning  offences,  except  sucli  as  persons  may  be 
convicted  of  before  the  senate  by  impeachment  of  the  house,  shall  be 
in  the  president  by  and  with  the  advice  of  the  council :  but  no  charter 
of  pardon  granted  by  the  president  Avith  advice  of  council,  before 
conviction,  shall  avail  the  party  pleading  the  same,  notwithstanding 
any  general  or  particular  expressions  contained  therein,  descriptive 
of  the  offence  or  offences  intended  to  be  pardoned. 

All  judicial  officers,  the  attorney-general,  solicitor-general,  all 
sheriffs,  coroners,  registers  of  probate,  and  all  officers  of  the  nav}', 
and  general  and  field-officers  of  the  militia,  shall  be  nominated  and 
appointed  by  the  president  and  council;  and  every  such  nomination 
shall  be  made  at  least  seven  days  prior  to  such  appointment,  and  no 
appointment  shall  take  place,  unless  three  of  the  council  agree  thereto. 
The  captains  and  subalterns  in  the  respective  regiments  shall  be  nomi- 
nated and  recommended  by  the  field-officers  to  the  president,  who  is 
to  issue  their  commissions  immediately  on  receipt  of  such  recom- 
mendation. 

Xo  officer  duly  commissioned  to  command  in  the  militia,  shall  be 
removed  from  his  office,  but  by  the  address  of  both  houses  to  the  presi- 
dent, or  by  fair  trial  in  court-martial,  pursuant  to  the  laws  of  the 
state  for  the  time  being. 

The  commanding  officers  of  the  regiments  shall  appoint  their  adju- 
tants and  quarter-masters;  the  brigadiers  their  brigade-majors,  the 
major-generals  their  aids;  the  captains  and  subalterns  their  non- 
commissioned officers. 


New  Hampshire — 178J{.  2465 

The  president  and  council,  shall  appoin^  all  officers  of  the  conti- 
nental army,  Avhoni  by  the  confederation  of  the  United  States  it  is 
provided  tliat  this  state  shall  appoint,  as  also  all  officers  of  forts  and 
garrisons. 

The  division  of  the  militia  into  brigades,  regiments  and  companies, 
made  in  pursuance  of  the  militia  laws  now  in  force,  shall  be  considered 
as  the  proper  division  of  the  militia  of  this  state,  nntil  the  same  shall 
be  altered  by  some  future  law. 

Xo  monies  shall  be  issued  out  of  the  treasury  of  this  state,  and  dis- 
posed of  (except  such  sums  as  may  be  appropriated  for  the  redemp- 
tion of  bills  of  credit  or  treasurers'  notes,  or  for  the  payment  of 
interest  arising  thereon)  but  by  warrant  nnder  the  hand  of  the  presi- 
dent for  the  time  being,  by  and  with  the  advice  and  consent  of  the 
council,  for  the  necessary  snpport  and  defence  of  this  state,  and  for 
the  necessary  protection  and  preservation  of  the  inhabitants  thereof, 
agreeably  to  the  acts  and  resolves  of  the  general  court. 

All  public  boards,  the  commissary-general,  all  superintending 
officers  of  public  magazines  and  stores,  belonging  to  this  state,  and 
all  commanding  officers  of  forts  and  garrisons  within  the  same,  shall 
once  in  every  three  months,  officially,  and  without  requisition,  and  at 
other  times,  when  required  by  the  president,  deliver  to  him  an  account 
of  all  goods,  stores,  provisions,  ammunition,  cannon,  with  their 
appendages,  and  small  arms,  with  their  accoutrements,  and  of  all 
other  public  property  nnder  their  care  respectively;  distinguishing 
the  quantity,  and  kind  of  each,  as  particularly  as  may  be;  together 
with  the  condition  of  such  foi'ts  and  garrisons:  and  the  commanding 
officer  shall  exhibit  to  the  president,  when  required  by  him,  true  and 
exact  plans  of  such  forts,  and  of  the  land  and  sea.  or  harbour  or  har- 
bours adjacent. 

The  president  and  council  shall  be  compensated  for  their  services 
from  time  to  time  by  such  grants  as  the  general  court  shall  think 
reasonable. 

Permanent  and  honorable  salaries  shall  be  established  l)v  law  for 
the  justices  of  the  superior  court. 

Whenever  the  chair  of  the  president  shall  be  vacant,  by  reason  of 
his  death,  absence  from  the  state,  or  otherwise,  the  senior  senator 
for  the  time  being,  shall,  during  such  vacancy,  have  and  exercise  all 
the  powers  and  authorities  which  by  this  constitution  the  president  is 
vested  with  when  personally  present. 

council 

Annually,  on  the  first  meeting  of  the  general  court,  two  members 
of  the  senate  and  three  from  the  house  of  representatives,  shall  be 
chosen  by  joint  ballot  of  both  houses  as  a  council,  for  advising  the 
president  in  the  executive  part  of  government,  whom  the  presi- 
dent for  the  time  being,  shall  have  full  power  and  authority  to  con- 
vene from  time  to  time,  at  his  discretion,  and  the  i)resident  with  the 
counsellors,  or  three  of  them  at  least,  shall  and  may  fi-om  time  to 
time  hold  and  keep  a  council,  for  ordei'ing  and  tlii'ecling  the  affairs 
of  the  state  according  to  the  laws  of  the  land. 

The  qualifications  for  counsellors,  shall  be  the  same  as  those  re- 
quired for  senators.  The  members  of  the  council  shall  not  inter- 
7253 — VOL  3 — 07 ±1 


2466  New  Ham pshire— 1784 

meddle  witli  the  making  or  trying  impeachments,  but  shall  them- 
selves be  impeachable  by  the  house,  and  triable  by  the  senate  for 
mal-conduct. 

The  resolutions  and  advice  of  the  council  shall  be  recorded  in  a 
register,  and  signed  by  the  members  present,  and  this  record  may  be 
called  for  at  any  time,  by  either  house  of  the  legislature,  and  any 
member  of  the  council  may  enter  his  opinion  contrary  to  the  resolu- 
tion of  the  majority. 

And  whereas  the  elections  appointed  to  be  made  by  this  constitu- 
tion on  the  first  Wednesday  of  June  annually,  by  the  two  houses  of 
the  legislature,  may  not  be  completed  on  that  day,  the  said  elections 
may  be  adjourned  from  day  to  day  until  the  same  shall  be  completed. 
And  the  order  of  the  elections  shall  be  as  follows:  the  vacancies  in 
the  senate,  if  any,  shall  be  first  filled  up ;  the  president  shall  then  be 
elected,  provided  there  should  be  no  choice  of  him  by  the  people: 
and  afterwards  the  two  houses  shall  proceed  to  the  election  of  the 
council. 

SECRETARY,    TREASURER,    COMMISSARY-GENERAL,   &0 

The  Secretary,  treasurer,  and  commissary-general,  shall  be  chosen 
by  joint  ballot  of  the  senators  and  representatives  assembled  in  one 
room. 

The  records  of  the  state  shall  be  kept  in  the  office  of  the  secretary, 
who  may  appoint  his  deputies,  for  whose  conduct  he  shall  be  answer- 
able, and  he  shall  attend  the  president  and  council,  the  senate  and 
representatives,  in  person  or  by  deputy,  as  they  may  require. 

COUNTY-TREASURER,    &C 

The  County-treasurers,  and  registers  of  deeds  shall  be  elected  by 
the  inhabitants  of  the  several  towns,  in  the  several  counties  in  the 
state,  according  to  the  method  now  practiced,  and  the  present  laws  of 
the  state:  and  before  they  enter  upon  the  lousiness  of  their  offices, 
shall  be  respectively  sworn  faithfully  to  discharge  the  duties  thereof, 
and  shall  severally  give  bond  with  sufficient  sureties,  in  a  reasonable 
sum  for  the  use  of  the  county,  for  the  punctual  performance  of  their 
respective  trusts. 

JUDICIARY   power 

The  tenure,  that  all  commission  officers  shall  have  by  law  in  their 
offices,  shall  be  expressed  in  their  respective  commissions.  All  judi- 
cial officers,  duly  appointed,  commissioned  and  sworn,  shall  hold  their 
offices  during  good  behaviour,  excepting  those  concerning  whom  there 
is  a  difi'erent  provision  made  in  this  constitution:  Prodded  never- 
theless, the  president,  with  consent  of  council,  may  remove  them 
upon  the  address  of  both  houses  of  the  legislature. 

Each  branch  of  the  legislature,  as  well  as  the  president  and  council, 
shall  have  authority  to  require  the  opinions  of  the  justices  of  the  su- 
perior court  upon  important  questions  of  law,  and  upon  solemn 
occasions. 

In  order  that  the  people  may  not  suffer  from  the  long  continuance 
in  place  of  any  justice  of  the  peace,  who  shall  fail  in  discharging  the 
important  duties  of  his  office  with  ability  and  fidelity,  all  commissions 


New  Hampshire— 1784  2467 

of  justices  of  the  peace  shall  become  void,  at  the  expiration  of  five 
years  from  their  respective  dates;  and  upon  the  expiration  of  any 
commission,  the  same  may,  if  necessary,  be  renewed,  or  another  person 
appointed,  as  shall  most  conduce  to  the  well-being  of  the  state. 

The  judges  of  probate  of  wills,  and  for  granting  letters  of  admin- 
istration, shall  hold  their  courts  at  such  place  or  places,  on  such  fixed 
days,  as  the  convenience  of  the  people  may  require.  And  the  legis- 
lature shall,  from  time  to  time,  hereafter  appoint  such  times  and 
places,  until  which  appointments,  the  said  courts  shall  be  holden  at 
the  times  and  places  which  the  respective  judges  shall  direct. 

All  causes  of  marriage,  divorce  and  alimony,  and  all  appeals  from 
the  respective  judges  of  probate,  shall  be  heard  and  tried  by  the  supe- 
rior court,  until  the  legislature  shall,  by  law  make  other  provision. 

CLERKS   OF   COURTS 

The  clerks  of  the  superior  court  of  judicature,  inferior  courts  of 
connnon  pleas,  and  general  sessions  of  the  peace,  shall  be  appointed 
by  the  respective  courts  during  pleasure.  And  to  prevent  any  fraud 
or  unfairness  in  the  entries  and  records  of  said  courts,  no  such  clerk 
shall  be  of  counsel  in  any  cause  in  the  court  of  which  he  is  clerk,  nor 
shall  he  fill  any  writ  in  any  civil  action  whatsoever. 

delegates  to  congress 

The  delegates  of  this  state  to  the  Congress  of  the  United  States,  shall 
some  time  between  the  first  Wednesday  of  June,  and  the  first  Wednes- 
day of  September  annually,  be  elected  by  the  senate  and  house  of 
representatives  in  their  separate  branches;  to  serve  in  Congress  for 
one  year,  to  commence  on  the  first  Monday  in  November  then  next 
ensuing.  They  shall  have  commissions  under  the  hand  of  the  presi- 
dent, and  the  great  seal  of  the  state:  but  may  be  recalled  at  any  time 
within  the  year,  and  others  chosen  and  commissioned,  in  the  same 
manner,  in  their  stead:  and  they  shall  have  the  same  qualifications, 
in  all  respects,  as  by  this  constitution  are  required  for  the  president. 

No  person  shall  be  capable  of  being  a  delegate  to  Congress,  for  more 
than  three  years  in  any  term  of  six  years;  nor  shall  any  person  being 
a  delegate,  be  capable  of  holding  any  office  under  the  United  States, 
for  Avhich  he,  or  any  other  for  his  benefit,  receives  any  salary,  or 
emolument  of  any  kind. 

encouragement  of  literature,  <tc 

Knowledge,  and  l(>arning.  generally  difi'nsed  through  a  community, 
being  essential  to  the  preservation  of  a  free  government :  and  spread- 
ing the  opportunities  and  advantages  of  education  through  the  vari- 
ous parts  of  the  country,  being  higldy  conducive  to  j^romote  this  end: 
it  shall  be  the  duty  of  the  legislators  and  the  magistrates,  in  all  future 
periods  of  this  government  to  cherish  the  interest  of  literature  and 
the  sciencesi,  and  all  seminaries  and  i)ublic  schools,  to  encourage  j)ri- 
vate  ajid  public  institutions,  rewards  and  immunities  for  the  promo- 
tion or  agriculture,  ai'ls.  sciences,  commerce,  trades,  manufactures  and 
natural  history  of  tiie  country:  to  countenance  and  inculcate  the 
principles  of  humanity  and  general  benevolence,  public  and  private 


2468  New  Hampshire— 1784 

charity,  industry  and  economy,  honesty  and  punctuality,  sincerity, 
sobriety,  and  all  social  affections,  and  generous  sentiments,  among  the 
people. 

OATH  AND  subscriptions;  EXCLUSION  FROM  OFFICES;  COMMISSIONS; 
"writs;  CONFIRMATION  OF  LAWS;  HABEAS  CORPUS;  THE  ENACTING 
STILE  ;  CONTINUANCE  OF  OFFICERS  ;  PROVISION  FOR  A  FUTURE  REVISION 
OF  THE  CONSTITUTION,  &C 

Any  person  chosen  president,  counsellor,  senator,  or  representative, 
military  or  civil  officer,  (town  officers  excepted,)  accepting  the  trust, 
shall,  before  he  proceeds  to  execute  the  duties  of  his  office,  make  and 
subscribe  the  following  declaration,  viz. 

I,  A.  B.  do  truly  and  sincerely  acknowledge,  profess,  testify  and 
declare,  that  the  state  of  New-Hampshire  is,  and  of  right  ought  to  be, 
a  free,  sovereign  and  independent  state;  and  do  swear  that  I  will 
bear  faith  and  true  allegiance  to  the  same,  and  that  I  will  endeavor  to 
defend  it  against  all  treacherous  conspiracies  and  hostile  attempts 
Avhatever:  and  I  do  further  testify  and  declare,  that  no  man  or  body 
of  men,  hath  or  can  have,  a  right  to  absolve  me  from  the  obligation 
of  this  oath,  declaration  or  affirmation;  and  that  I  do  make  this 
acknowledgement,  profession,  testimony,  and  declaration,  honestly 
and  truly,  according  to  the  common  acceptation  of  the  foregoing 
Avords,  without  any  equivocation,  mental  evasion  or  secret  reservation 
whatever. 

So  help  me  God. 

I,  A.  B.  do  solemnly  and  sincerely  swear  and  affirm,  that  I  will 
faithfully  and  impartially  discharge  and  perform  all  the  duties  in- 
cumbent on  me  as  according  to  the  best  of  my  abilities, 
agreeably  to  the  rules  and  regulations  of  this  constitution,  and  the 
laws  of  the  state  of  New-Hampshire. 

So  help  me  God. 

Provided  ahcays,  "NMien  any  person  chosen  or  appointed  as  afore- 
said, shall  be  of  the  denomination  called  quakers,  or  shall  be  scrupu- 
lous of  swearing,  and  shall  decline  taking  the  said  oaths,  such  shall 
take  and  subscribe  them  omitting  the  word  "su'e«r,"  and  likewise 
the  words  ^'So  help  me  God^''  subjoined  instead  thereof.  Tins  I  do 
under  the  jxiins  and  penalties  of  perjury. 

And  the  oaths  or  affirmations  shall  be  taken  and  subscribed  by  the 
president  before  the  senior  senator  present,  in  the  presence  of  the  two 
houses  of  assembly;  and  by  the  senate  and  representatives  first 
elected  under  this  constitution,  before  the  president  and  council  for 
the  time  being;  and  by  the  residue  of  the  officers  aforesaid,  before 
such  persons,  and  in  such  manner  as  from  time  to  time  shall  be  pre- 
scribed by  the  legislature. 

All  commissions  shall  be  in  the  name  of  the  state  of  New  Hamp- 
shire, signed  by  the  president,  and  attested  by  the  secretary,  or  his 
deputy,  and  shall  have  the  great  seal  of  the  state  affixed  thereto. 

All  writs  issuing  out  of  the  clerk's  office  in  any  of  the  courts  of 
law,  shall  be  in  the  name  of  the  state  of  New-Hampshire;  shall  be 
under  the  seal  of  the  court  whence  they  issue,  and  bear  test  of  the 
chief,  first,  or  senior  justice  of  the  court;  but  when  such  justice  shall 


Kew  Hampshire— 17S4  2469 

be  interested,  then  the  -writ  shall  bear  test  of  some  other  justice  of 
the  coiii't.  to  Avhich  the  same  shall  be  returnable:  and  be  signed  by  the 
clerk  of  such  court. 

All  indictments,  presentments  and  informations  shall  conclude 
against  the  peace  and  dignity  of  the  state. 

The  estates  of  such  persons  as  ma}'  destroy  their  own  lives,  shall 
not  for  that  offence  be  forfeited,  but  descend  or  ascend  in  the  same- 
manner,  as  if  such  persons  had  died  in  a  natural  way.  Nor  shall  any 
article  which  shall  accidentally  occasion  the  death  of  any  person,  be 
henceforth  deemed  a  deodand,  or  in  any  wise  forfeited  on  account  of 
such  misfortune.    ■ 

All  the  laws  which  have  heretofore  been  adopted,  used  and  ap- 
proved, in  the  province,  colony,  or  state  of  New-Hampshire,  and 
usually  practiced  on  in  the  courts  of  law,  shall  remain  and  be  in  full 
force,  until  altered  and  repealed  by  the  legislature;  such  parts  thereof 
only  excepted,  as  are  repugnant  to  the  rights  and  liberties  contained 
in  this  constitution:  Provided  that  nothing  herein  contained,  when 
compared  with  the  twenty-third  article  in  the  bill  of  rights,  shall  be 
construed  to  affect  the  laws  already  made  respecting  the  persons  or 
estates  of  absentees. 

The  privilege  and  benefit  of  the  habeas  corpus,  shall  be  enjoyed  in 
this  state,  in  the  most  free.  easy,  cheap,  expeditious,  and  ample  man- 
ner, and  shall  not  be  suspended  by  the  legislature,  except  upon  the 
most  urgent  and  pressing  occasions,  and  for  a  time  not  exceeding 
three  months. 

The  enacting  stile  in  making  and  passing  acts,  statutes  and  la,ws, 
shall  be — Be  it  enacted  hy  the  senate  and  house  of  representatives,  in 
general  roiirt  convened. 

No  president  or  judge  of  the  superior  court,  shall  hold  any  office 
or  ])lace  under  the  authority  of  this  state,  except  such  as  by  this  con- 
stitution they  are  admitted  to  hold,  saving  that  the  Judges  of  the 
said  court  may  hold  the  offices  of  justices  of  the  peace  throughout  the 
state;  nor  shall  they  hold  any  j)lace  or  office,  or  receive  any  pension 
or  salary,  from  any  other  state,  government,  or  power  whatever. 

No  person  shall  be  capable  of  exercising  at  the  same  time,  more 
than  one  of  the  folloAving  offices  within  this  state,  viz.  Judge  of  pro- 
bate, sheriff,  register  of  deeds:  and  never  more  than  two  offices  of 
profit.  Avhich  may  be  held  by  ap])ointment  of  the  president,  or  presi- 
dent and  council,  or  senate  and  house  of  rei)resentatives.  or  superior 
or  inferior  courts;  military  offices,  and  offices  of  justices  of  the  peace, 
excepted. 

No  person  holding  the  office  of  judge  of  the  superior  court,  secre- 
tary, treasurer  of  the  state,  judge  of  probate,  attorney-general,  com- 
missary-general, judge  of  the  maritime  court,  or  judge  of  the  court 
of  admiralty,  military  officers  receiving  pay  from  the  continent  or 
this  state,  excei)ting  officers  of  the  militia  occasionally  caUed  forth 
on  an  emergency:  judge  of  the  inferior  court  of  conunon  i)]eas,  reg- 
ister of  deeds,  ])resident,  professor  or  instructor  of  any  college,  sheriff, 
or  office  of  the  customs,  including  naval-officers,  shall  at  the  same  time 
have  a  seat  in  the  senate  or  house  of  representatives,  or  council :  but 
their  being  chosen  or  appointed  to,  and  accepting  the  same,  shall 
operate  as  a  resignation  of  their  seat  in  the  senate,  or  house  of  repre- 
sentatives, or  council;  and  the  place  so  vacated  shall  be  filled  up. 


2470  New  Ham fhshire— 1784 

No  person  shall  ever  be  admitted  to  hold  a  seat  in  the  legislature, 
or  any  office  of  trust  or  importance  under  this  government,  who  in 
the  diie  course  of  law,  has  been  convicted  of  briberj^  or  corruption,  in 
obtaining  an  election  or  appointment. 

In  all  cases  where  sums  of  money  are  mentioned  in  this  constitu- 
tion, the  value  thereof  shall  be  computed  in  silver,  at  six  shiUings  and 
eight  pence  per  ounce. 

To  the  end  that  there  may  be  no  failure  of  justice  or  danger  arise 
to  this  state  from  a  change  in  the  form  of  government,  all  civil  and 
military  officers,  holding  commissions  under  the  government  and 
people  of  New-Hampshire,  and  other  officers  of  the  said  government 
and  people,  at  the  time  this  constitution  shall  take  effect,  shall  hold, 
exercise  and  enjoy  all  the  powers  and  authorities  to  them  granted 
and  committed,  until  other  persons  shall  be  appointed  in  their  stead. 
All  courts  of  law  in  the  business  of  their  respective  departments,  and 
the  executive,  and  legislative  bodies  and  persons,  shall  continue  in 
full  force,  enjoyment  and  exercise  of  all  their  trusts  and  employ- 
ments, until  the  general  court,  and  the  supreme  and  other  executive 
officers  under  this  constitution,  are  designated,  and  invested  with 
their  respective  trusts,  powers  and  authority. 

This  form  of  government  shall  be  enrolled  on  parchment,  and 
deposited  in  the  secretary's  office,  and  be  a  part  of  the  laws  of  the 
land,  and  printed  copies  thereof  shall  be  prefixed  to  the  books 
containing  the  laws  of  this  state,  in  all  future  editions  thereof. 

To  preserve  an  effectual  adherence  to  the  princi]3les  of  the  consti- 
tution, and  to  correct  any  violation  thereof,  as  well  as  to  make  such 
alterations  therein,  as  from  experience  may  be  found  necessary,  the 
general  court  shall  at  the  expiration  of  seven  years  from  the  time 
this  constitution  shall  take  eifect,  issue  precepts,  or  direct  them  to  be 
issued  from  the  secretary's  office,  to  the  several  towns  and  incor- 
porated places,  to  elect  delegates  to  meet  in  convention  for  the  pur- 
poses aforesaid :  the  said  delegates  to  be  chosen  in  the  same  manner, 
and  proportioned  as  the  representatives  to  the  general  assembly :  pro- 
vided that  no  alteration  shall  be  made  in  this  constitution  before  the 
same  shall  be  laid  before  the  towns  and  unincorporated  places,  and 
approved  by  two-thirds  of  the  qualified  voters  present,  and  voting 
upon  the  question. 

In  Convention, 
Held  at  Concord^  The  thirty-first  day  of  October^  1783. 
The  Returns  from  the  several  towns  being  examined,  and  it  appear- 
ing that  the  foregoing  Bill  or  Rights  and  Form  or  Goa'ernment.  were 
approved  of  by  the  People  ;  the  same  are  hereby  agreed  on  and  estab- 
lished by  the  Delegates  or  the  People,  and  declared  to  be  the  Civil 
Constitution  for  the  State  of  New-Hampshire,  to  take  place  on 
the  first  Wednesday  of  June,  1784;  and  that  in  the  mean  time  the 
General  Court  under  the  present  government,  make  all  the  necessary 
arrangements  for  introducing  this  Constitution,  at  that  time,  and  in 
the  manner  therein  described. 

Nathaniel  Folsom,  President^  P.  T 
J.  M.  Sew  all,  Secretary. 


Neiv  Hampshire— 179^  2471 


CONSTITUTION  OF  NEW  HAMPSHIRE— 1792  *  " 

The  Constitution  of  New  Hampshire,  as  altered  and  amended  b}'  a 
convention  of  delegates  held  at  Concord,  in  said  State,  bj''  adjourn- 
ment, on  the  second  Wednesday  of  February,  1792. 

Part  First 

bill  of  rights 

Article  I.  All  men  are  born  equally  free  and  independent :  There- 
fore, all  government,  of  right,  originates  from  the  people,  is  founded 
in  consent,  and  instituted  for  the  general  good. 

Art.  II.  All  men  have  certain  natural,  essential,  and  inherent 
rights,  among  Avhich  are  the  enjoying  and  defending  life  and  liberty, 
acquiring,  possessing,  and  protecting  property;  and,  in  a  word,  of 
seeking  and  obtaining  happiness. 

Art.  III.  When  men  enter  into  a  state  of  society  the}'^  surrender  up 
some  of  their  natural  rights  to  that  society,  in  order  to  ensure  the  pro- 
tection of  others;  and  without  such  an  equivalent  the  surrender  is 
void. 

Art.  IV.  Among  the  natural  rights,  some  are  in  their  very  nature 
unalienable,  because  no  equivalent  can  be  given  or  received  for  them. 
Of  this  kind  are  the  lights  of  conscience. 

Art.  V.  Ever}'  individual  has  a  natural  and  unalienable  right  to 
Avorship  God  according  to  the  dictates  of  his  own  conscience  and  rea- 
son; and  no  person  shall  be  hurt,  molested,  or  restrained  in  his  person, 
liberty,  or  estate  for  worshipping  God  in  the  manner  most  agreeable 
to  the  dictates  of  his  own  conscience,  or  for  his  religious  profession, 
sentiments,  or  persuasion;  provided  he  doth  not  disturb  the  public 
peace  or  disturb  others  in  their  religious  worship. 

Art.  VI.  As  morality  and  piety,  rightly  grounded  on  evangelical 
principles,  will  give  the  best  and  greatest  security  to  government,  and 
will  lay  in  the  hearts  of  men  the  strongest  obligations  to  due  subjec- 
tion ;  and  as  a  knowledge  of  these  is  most  likely  to  be  propagated 
through  a  society  by  the  institution  of  the  public  worship  of  the 
Deity,  and  of  public  instruction  in  morality  and  religion :  therefore, 
to  ])romote  those  important  puri)oses.  the  people  of  this  State  have  a 
right  to  empower,  and  do  hereb}^  fully  empower,  the  legislature  to 
authorize,  from  time  to  time,  the  several  towns,  parishes,  bodies  cor- 

*  Verified  l).v  "The  Constitution  of  New  Ilanipsliiro,  ;is  altered  and  aniondod 
by  a  Convention  of  Delesatos.  held  at  Concord,  in  said  State.  I).v  adjournment,  on 
the  second  Wednesday  of  February.  M.DCC.XCII.  Printed  at  Concord,  by 
George  Hough,  for  the  Convention."     59  pi). 

"  .Journal  of  the  Convention  which  assembled  in  Concord  to  Revise  the  Con- 
stitution of  New  Hampshii-e.  1791-1702.  Copied  from  the  Original  .Toiirnal  and 
edited  by  Nathaniel  Bouton,  D.  D.  Concord :  Edward  A.  .Tenks,  State  Printer, 
1870."     pp.  190. 

"This  constitution  was  framed  by  a  convention  which  assembled  at  Concord 
September  7.  1791,  and  completed  its  labors  September  .'").  1792.  the  people  having 
meanwhile  rat  Hied  the  constitution  at  llie  i)olls. 

In  the  original  draft  the  articles  are  not  numbered  :  they  are  numbered  in  this 
edition  for  obvious  convenience  in  citation. — Editor. 


2472  New  Hampshire — 1702 

porate,  or  religious  societies  within  this  State,  to  make  adequate  pro- 
visions, at  their  own  expense,  for  the  support  and  maintenance  of 
jxiblic  protestant  teachers  of  piety,  religion,  and  morality. 

Pi'ovided  notirithstauding,  That  the  several  towns,  parishes,  bodies 
corporate,  or  religious  societies,  shall  at  all  times  have  the  exclusive 
right  of  electing  their  own  public  teachers,  and  of  contracting  with 
them  for  their  support  and  maintenance.  And  no  person,  or  any  one 
particular  religious  sect  or  denomination,  shall  ever  be  compelled  to 
pay  toward  the  support  of  the  teacher  or  teachers  of  another  per- 
suasion, sect,  or  denomination. 

And  every  denomination  of  Christians,  demeaning  themselves 
quietly  and  as  good  subjects  of  the  State,  shall  be  equally  under  the 
protection  of  the  law ;  and  no  subordination  of  any  one  sect  or  denomi- 
nation to  another  shall  ever  be  established  by  law. 

And  nothing  herein  shall  be  understood  to  atfect  any  former  con- 
tracts made. for  the  support  of  the  ministry;  but  all  such  contracts 
shall  remain  and  be  in  the  same  state  as  if  this  constitution  had  not 
been  made. 

Art.  VII.  The  people  of  this  State  have  the  sole  and  exclusiv^e  right 
of  governing  themselves  as  a  free,  sovereign  and  independent  State, 
and  do,  and  forever  hereafter  shall  exercise  and  enjoy  every  power, 
jurisdiction,  and  right  pertaining  thereto,  which  is  not  or  may  not 
hereafter  be  by  them  expressly  delegated  to  the  United  States  of 
America,  in  Congress  assembled. 

Art.  VIII.  All  power  residing  originally  in  and  being  derived 
from  the  people,  all  the  magistrates  and  officers  of  government  are 
their  substitutes  and  agents,  and  at  all  times  accountable  to  them. 

Art.  IX.  No  office  or  place  whatsoever  in  government  shall  be 
hereditary— the  abilities  and  integrity  requisite  in  all  not  being  trans- 
missible to  posterity  or  relations. 

Art.  X.  Government  being  instituted  for  the  common  benefit,  pro- 
tection, and  security  of  the  whole  community,  and  not  for  the  private 
interest  or  emolument  of  any  one  man,  family,  or  class  of  men;  there- 
fore, whenever  the  ends  of  government  are  perverted  and  public 
liberty  manifestly  endangered,  and  all  other  means  of  redress  are 
ineffectual,  the  people  of  right  ought  and  may  to  reform  the  old,  or 
establish  a  new  government.  The  doctrine  of  non-resistance  against 
arbitrary  power  and  oppression  is  absurd,  slavish,  and  destructive  of 
the  good  and  happiness  of  mankind. 

Art,  XI.  All  elections  ought  to  be  free,  and  every  inhabitant  of 
the  State  having  the  proper  qualifications  has  equal  right  to  elect  and 
be  elected  into  office. 

Art.  XII.  Every  member  of  the  community  has  a  right  to  be  pro- 
tected by  it  in  the  enjoyment  of  his  life,  liberty,  and  property.  He 
is  therefore  bound  to  contribute  his  share  in  the  expense  of  such  pro- 
tection, and  to  yield  his  personal  service,  when  necessary,  or  an 
equivalent.  But  no  part  of  a  man's  property  shall  be  taken  from  him 
or  applied  to  public  uses,  without  his  own  consent  or  that  of  the 
representative  body  of  the  people.  Nor  are  the  inhabitants  of  this 
State  controllable  by  any  other  laws  than  those  to  which  they  or  their 
representative  body  have  given  their  consent. 

Art.  XIII.  No  person  who  is  conscientiously  scrupulous  about  the 
lawfulness  of  bearing  arms,  shall  be  compelled  thereto,  provided  he 
will  pay  an  equivalent. 


New  Ha7npshirc—1792  2473 

Art.  XIV.  Every  subject  of  this  State  is  entitled  to  a  certain 
remedy,  by  having  recourse  to  the  hiws,  for  all  injuries  he  may  receive 
in  his"  person,  property,  or  character,  to  obtain  right  and  justice 
freely,  without  beirig  obliged  to  purchase  it;  completely,  and  without 
any  denial;  promptly,  and  without  any  delay;  conformably  to  the 
laws. 

Art.  XV.  No  subject  shall  be  held  to  answer  for  any  crime  or 
offence  until  the  same  is  fully  and  plainly,  substantially  and  formally 
described  to  him,  or  be  compelled  to  accuse  or  furnish  evidence 
against  himself.  And  every  subject  shall  have  a  right  to  produce  all 
proofs  that  may  be  favorable  to  himself;  to  meet  the  witnesses  against 
him  face  to  face,  and  to  be  fully  heard  in  his  defence  by  himself  and 
counsel.  And  no  subject  shall  be  arrested,  imprisoned,  despoiled,  or 
deprived  of  his  property,  immunities,  or  privileges,  put  out  of  the 
protection  of  the  law,  exiled,  or  deprived  of  his  life,  liberty,  or  estate 
but  by  the  judgment  of  his  peers  or  the  law  of  the  land. 

Art,  XVI.  Xo  subject  shall  be  liable  to  be  tried,  after  an  acquittal, 
for  the  same  crime  or  offence.  Xor  shall  the  legislature  make  any 
law  that  shall  subject  any  person  to  a  capital  punishment  (except  for 
the  government  of  the  army  and  na\^%  and  militia  in  actual  service) 
without  trial  by  jury. 

Art.  XVII.  In  criminal  prosecutions,  the  trial  of  the  facts  in  the 
vicinity  where  they  happen  is  so  essential  to  the  security  of  the  life, 
liberty,  and  estate  of  the  citizen,  that  no  crime  or  offence  ought  to  be 
tried  in  any  other  county  than  that  in  which  it  is  committed ;  except 
in  cases  of  general  insurrection  in  any  particular  county,  when  it 
shall  appear  to  the  judges  of  the  superior  court  that  an  impartial 
trial  cannot  be  had  in  the  county  Avhere  the  offence  may  be  committed, 
and  upon  their  report,  the  legislature  shall  think  proper  to  direct  the 
trial  in  the  nearest  county  in  which  an  impartial  trial  can  be  obtained. 

Art.  XVIII.  All  penalties  ought  to  be  proportioned  to  the  nature  of 
the  offence.  Xo  wise  legislature  will  affix  the  same  punishment  to  the 
crimes  of  theft,  forgery,  and  the  like  which  they  do  to  those  of  mur- 
der and  treason.  Where  the  same  undistinguishing  severity  is  exerted 
against  all  offences,  the  people  are  led  to  forget  the  real  distinction  in 
the  crimes  themselves,  and  to  commit  the  most  flagrant  with  as  little 
compunction  as  they  do  the  lightest  offences.  For  the  same  reason  a 
multitude  of  sanguinary  laws  is  both  impolitic  and  unjust;  the  true 
design  of  all  punishments  being  to  reform,  not  to  exterminate, 
mankind. 

Art.  XIX.  Every  subject  has  a  right  to  be  secure  from  all  unreason- 
able searches  and  seizures  of  his  person,  his  houses,  his  papers,  and 
all  his  possessions;  Thei'efon\  All  warrants  to  search  suspected  places, 
or  arrest  a  person  forexaminatiou  or  trial,  in  prosecutions  for  criminal 
matters,  are  contrary  to  this  right,  if  the  cause  or  foundation  of  them 
be  not  previously  supported  by  oath  or  affirmation;  and  if  the  order 
in  a  warrant  to  a  civil  officer  to  make  search  in  suspected  places,  or 
to  arrest  one  or  more  suspected  persons,  or  to  seize  their  property,  be 
not  accompanied  with  a  special  designation  of  the  persons  or  object 
of  search,  arrest,  or  seizure;  and  no  warrant  ought  to  be  issued  but 
in  cases  and  with  the  formalities  prescribed  by  law. 

Art.  XX.  In  all  controversies  concerning  property,  and  in  all  suits 
between  two  or  more  ])ersons,  except  in  cases  in  which  it  has  been  here- 
tofore otherwise  used  and  practised,  the  parties  have  a  right  to  a  trial 


2474  New  Hampshire — 1792 

by  jury;  and  this  method  of  procedure  shall  be  held  sacred,  unless,  in 
cases  arising  on  the  high  seas,  and  such  as  relate  to  mariners'  wages, 
the  legislature  shall  think  it  necessary  hereafter  to  alter  it. 

Art.  XXI.  In  order  to  reap  the  fullest  advantage  of  the  inestima- 
ble privilege  of  the  trial  by  jury,  great  care  ought  to  be  taken  that 
none  but  qualified  persons  should  be  appointed  to  serve;  and  such 
ought  to  [be]  fully  compensated  for  their  travel,  time  and  attendance. 

Art.  XXII.  The  liberty  of  the  j^ress  is  essential  to  the  security  of 
freedom  in  a  State ;  it  ought,  therefore,  to  be  inviolably  preserved. 

Art.  XXIII.  Retrospective  laws  are  highly  injurious,  oppressive, 
and  unjust.  No  such  laws,  therefore,  should  be  made,  either  for  the 
decision  of  civil  causes  or  the  punishment  of  offences. 

Art.  XIV.  A  well-regulated  militia  is  the  proper,  natural,  and  sure 
defence  of  a  State. 

Art.  XXV.  Standing  armies  are  dangerous  to  liberty,  and  ought 
not  to  be  raised  or  kept  up,  without  the  consent  of  the  legislature. 

Art.  XXVI.  In  all  cases,  and  at  all  times,  the  military  ought  to  be 
under  strict  subordination  to,  and  governed  by,  the  civil  power. 

Art.  XXVII.  Xo  soldier,  in  time  of  peace,  shall  be  quartered  in 
any  house  without  the  consent  of  the  owner ;  and  in  time  of  war  such 
quarters  ought  not  to  be  made  but  by  the  civil  magistrate,  in  a  manner 
ordained  by  the  legislature. 

Art.  XXVIII.  No  subsidy,  charge,  tax,  impost  or  duty  shall  be 
established,  fixed,  laid,  or  levied,  under  any  pretext  whatsoever,  with- 
out the  consent  of  the  people  or  their  representatives  in  the  legislature, 
or  authority  derived  from  that  bodj^ 

Art.  XXIX.  The  power  of  suspending  the  laws,  or  the  execution 
of  them,  ought  never  to  be  exercised  but  by  the  legislature,  or  by 
authority  derived  therefrom,  to  be  exercised  in  such  particular  cases 
only  as  the  legislature  shall  expressely  provide  for. 

Art.  XXX.  The  freedom  of  deliberation,  speech,  and  debate,  in 
either  house  of  the  legislature,  is  so  essential  to  the  rights  of  the 
people  that  it  cannot  be  the  foundation  of  any  action,  complaint,  or 
prosecution,  in  any  other  court  or  place  "whatsoever. 

Art.  XXXI.  The  legislature  shall  assemble  for  the  redress  of  pub- 
lic grievances,  and  for  making  such  laws  as  the  public  good  may 
require. 

Art.  XXXII.  The  people  have  a  right,  in  an  orderly  and  peace- 
able manner,  to  assemble  and  consult  upon  the  common  good,  give 
instruction  to  their  representatives,  and  to  request  of  the  legislative 
body,  by  way  of  petition  or  remonstrance,  redress  of  the  wrongs  done 
them  and  the  grievances  they  suffer. 

Art.  XXXIII.  No  magistrate  or  court  of  law  shall  demand  exces- 
sive bail  or  sureties,  impose  excessive  fines,  or  inflict  cruel  or  unusual 
punishments. 

Art.  XXXIV.  No  person  can  in  any  case  be  subjected  to  law- 
martial,  or  to  any  pains  or  penalties  by  virtue  of  that  law,  except 
those  employed  in  the  army  and  navy,  and  except  militia  in  actual 
service,  but  by  authority  of  the  legislature. 

Art.  XXXV.  It  is  essential  to  the  preservation  of  the  rights  of 
every  individual,  his  life,  liberty,  property,  and  character,  that  there 
be  an  impartial  interpretation  of  the  laws  and  administration  of  jus- 
tice. It  is  the  right  of  every  citizen  to  be  tried  by  judges  as  impartial 
as  the  lot  of  humanity  will  admit.     It  is,  therefore,  not  only  the  best 


New  Ha7npshire—1792  2475 

policy,  but  for  the  security  of  the  rights  of  the  people,  that  the  judges 
of  the  supreme  judicial  court  should  hold  their  oftices  so  long  as  they 
behave  well;  subject,  however,  to  such  limitations  on  account  of  age 
as  may  be  provided  by  the  constitution  of  the  State;  and  that  they 
should  have  honorable  salaries,  ascertained  and  established  by  stand- 
ing laws. 

Art.  XXXVI.  Economy  being  a  most  essential  virtue  in  all  States, 
especially  in  a  young  one,  no  pension  should  be  granted  but  in  con- 
sideration of  actual  services;  and  such  pension  ought  to  be  granted 
with  great  caution  by  the  legislature,  and  never  for  more  than  one 
3'ear  at  a  time. 

Art.  XXXVII.  In  the  government  of  this  State,  the  three  essential 
powers  thereof,  to  wit,  the  legislative,  executive,  and  judicial,  ought 
to  be  kept  as  sejDarate  from,  and  independent  of,  each  other  as  the 
nature  of  a  free  government  will  admit,  or  as  is  consistent  with  that 
chain  tf  connection  that  binds  the  whole  fabric  of  the  constitution  in 
one  indissoluble  bond  of  union  and  amity. 

Art,  XXXVIII.  A  frequent  recurrence  to  the  fundamental  princi- 
ples of  the  constitution,  and  a  constant  adherence  to  justice,  modera- 
tion, temperance,  industry,  frugality,  and  all  the  social  virtues,  are 
indispensably  necessary  to  preserve  the  blessings  of  liberty  and  good 
goverr/ment.  The  people  ought,  therefore,  to  have  a  particular  regard 
to  all  those  principles  in  the  choice  of  their  officers  and  representa- 
tives; and  they  have  a  right  to  require  of  their  lawgivers  and  magis- 
trates an  exact  and  constant  observance  of  them  in  the  formation 
and  execution  of  the  laws  necessary  for  the  good  administration  of 
government. 

Part  Second 
form  of  government 

Section  I.  The  people  inhabiting  the  territory  formerly  called  the 
province  of  New  Hampshire,  do  hereby  solemnly  and  mutually  agree 
with  each  other  to  form  themselves  into  a  free,  sovereign,  and  inde- 
jDendent  body-politic  or  State,  by  the  name  of  the  State  of  Xew 
Hampshire. 

GENERAL    COURT 

Sec.  II.  The  supreme  legislative  power  within  this  State  shall  be 
vested  in  the  senate  and  house  of  representatives,  each  of  which  shall 
have  a  negative  on  the  other. 

Sec.  III.  The  senate  and  house  shall  assemble  every  year,  on  the  first 
Wednesday  in  June,  and  at  such  other  times  as  they  may  judge 
necessary:  and  shall  dissolve  and  be  dissolved  seven  days  next  j)reced- 
ing  the  first  said  Wednesday  of  June,  and  shall  be  styled  the  general 
court  of  Xew  Hiuni)shire. 

Sec.  IV.  The  general  court  shall  forever  have  full  i)ower  and  author- 
ity to  erect  and  constitute  judicatories  and  courts  of  record  or  other 
courts,  to  be  holden  in  the  name  of  the  State,  for  the  hearing,  trying, 
and  determining  all  manner  of  crimes,  offences,  })leas,  processes, 
plaints,  actions,  causes,  matters,  and  things  whatsoever  arising  and 
happening  within  this  State,  or  between  or  concerning  persons  inhab- 
iting or  residing  or  brouglit  within  the  same,  whether  the  same  be 
criminal  or  civil,  or  whether  the  crimes  be  capital  or  not  capital, 


2476  New  UmnpRhire—1792  ■ 

and  whether  the  said  pleas  be  real,  personal,  or  mixed;  and  for  the 
a^Yarding  and  issuino-  execution  thereon.  To  which  courts  and  judi- 
catories are  hereby  given  and  granted  full  power  and  authority,  from 
time  to  time,  to  administer  oaths  or  allirmations  for  the  better  dis- 
covery of  truth  in  any  matter  in  controversy,  or  depending  before 
them. 

Sec.  V.  And  farther,  full  power  and  authority  are  hereby  given 
and  granted  to  the  said  general  court,  from  time  to  time,  to  make, 
ordain,  and  establish  all  manner  of  wdiolesome  and  reasonable  orders, 
law^s,  statutes,  ordinances,  directions,  and  instructions,  either  with 
penalties  or  without,  so  as  the  same  be  not  repugnant  or  contrary  to 
this  constitution,  as  they  may  judge  for  the  benefit  and  welfare  of 
this  State,  and  for  the  governing  and  ordering  thereof,  and  of  the 
subjects  of  the  same,  for  the  necessary  support  and  defence  of  the 
government  thereof;  and  to  name  and  settle  annually,  or  provide  by 
fixed  laws  for  the  naming  and  settling,  of  all  civil  officers  within 
this  State;  such  officers  excepted  the  election  and  appointment  of 
whom  are  hereafter  in  this  form  of  government  otherwise  provided 
for;  and  to  set  forth  the  several  duties,  powers,  and  limits  of  the 
several  civil  and  military  officers  of  this  State,  and  the  forms  of 
such  oaths  or  affirmations  as  shall  be  respectively  administered  unto 
them  for  the  execution  of  their  several  offices  and  places,  so  as  the 
same  be  not  repugnant  or  contrary  to  this  constitution;  and  also  to 
impose  fines,  mulcts,  imprisonments,  and  other  punishments;  and  to 
impose  and  levy  proportional  and  reasonable  assessments,  rates,  and 
taxes  upon  all  the  inhabitants  of  and  residents  within  the  said  State, 
and  upon  all  estates  within  the  same;  to  be  issued  and  disposed  of  by 
warrant  under  the  hand  of  the  governor  of  this  State  for  the  time 
being,  with  the  advice  and  consent  of  the  council,  for  the  public 
service  in  the  necessary  defence  and  support  of  the  government  of 
this  State,  and  the  protection  and  preservation  of  the  subjects  thereof, 
according  to  such  acts  as  are  or  shall  be  in  force  within  the  same. 

Sec.  VI.  And  while  the  public  charges  of  government,  or  any  part 
thereof,  shall  be  assessed  on  polls  and  estates  in  the  manner  that  has 
heretofore  been  practiced,  in  order  that  such  assessments  may  be  made 
with  equality,  there  shall  be  a  valuation  of  the  estates  within  the 
State,  taken  anew  once  in  every  five  years  at  least,  and  as  much 
oftener  as  the  general  court  shall  order. 

Sec.  VII.  No  member  of  the  general  court  shall  take  fees,  be  of 
counsel,  or  act  as  advocate  in  any  cause  before  either  branch  of  the 
legislature;  and  upon  due  proof  thereof  such  member  shall  forfeit 
his  seat  in  the  legislature. 

Sec.  VIII.  The  doors  of  the  galleries  of  each  house  of  the  legisla- 
ture shall  be  kept  open  to  all  persons  who  behave  decently,  except 
when  the  welfare  of  the  State,  in  the  opinion  of  either  branch,  shall 
require  secrecy. 

HOUSE  or  representatives 

Sec.  IX.  There  shall  be  in  the  legislature  of  this.  State  a  repre- 
sentation of  the  ])eople  annually  elected,  and  founded  upon  principles 
of  equality :    and  in  order  that  such  representation  may  be  equal  as 


New  Ham pHhirc— 1792  2477 

■#■ 
circumstances  will  admit,  every  town,  parish,  or  place  entitled  to  town 
privileges,  having  one  hundred  and  fifty  ratable  male  polls,  of  twenty- 
one  years  of  age  and  upward,  may  elect  one  representative;  if  four 
hundred  and  fifty  ratable  polls,  may  elect  two  representatives;  and 
so  proceeding  in  that  proj^ortion,  making  three  hundred  such  ratable 
polls  the  mean  increasing  number  of  every  additional  representative. 

Sec.  X.  Such  towns,  parishes,  or  i^laces  as  have  less  than  one  hun- 
dred and  fifty  ratable  polls  shall  be  classed  b}^  the  general  court,  for 
the  i^urpose  of  choosing  a  representative,  and  seasonably  notified 
thereof.  And  in  every  class  formed  for  the  above-mentioned  pur- 
pose, the  first  annual  meeting  shall  be  held  in  the  town,  parish,  or 
place  wherein  most  of  the  ratable  polls  reside;  and  afterward  in  that 
which  has  the  next  highest  number,  and  so  on  annually  by  rotation, 
through  the  several  towns,  parishes,  or  places  forming  the  district. 

Sec.  XI.  Whenever  auA^  town,  parish,  or  place  entitled  to  town 
privileges  as  aforesaid,  shall  not  have  one  hundred  and  fifty  ratable 
polls,  and  be  so  situated  as  to  render  the  classing  thereof  with  any 
other  town,  parish,  or  place  very  inconvenient,  the  general  c{)urt  may, 
upon  application  of  a  majority  of  the  voters  in  such  town,  parish, 
:or  place,  issue  a  writ  for  their  electing  and  sending  a  representative 
to  the  general  court. 

Sec.  XII.  The  members  of  the  house  of  reiDresentatives  shall  be 
chosen  annually,  in  the  month  of  March,  and  shall  be  the  second 
branch  of  the  legislature. 

Sec.  XIII.  All  persons  qualified  to  vote  in  the  election  of  senators 
shall  be  entitled  to  vote  within  the  district  where  they  dAvell,  in  the 
choice  of  representatives. 

Sec.  XIV.  Every  member  of  the  house  of  representatives  shall  be 
chosen  by  ballot,  and  for  two  years  at  least  next  preceding  his  elec- 
tion shall  have  been  an  inhabitant  of  this  State,  [shall  have  an  estate 
within  the  district  which  he  may  be  chosen  to  represent,  of  the  value 
of  one  hundred  pounds,  one-half  of  which  to  be  a  freehold,  whereof 
he  is  seized  in  his  own  right;]  *  shall  be  at  the  time  of  his  election 
an  inhabitant  of  tlie  town,  parish,  or  place  he  may  be  chosen  to  rep- 
resent;  shall  be  of  the  Protestant  i-eligion,  and  shall  cease  to  repre- 
sent such  town,  parish,  or  place  iunnediately  on  his  ceasing  to  l)e 
qualified  as  aforesaid. 

Sec.  XV.  The  members  of  both  houses  of  the  legislature  shall  be 
compensated  for  their  services  out  of  the  treasury  of  the  State,  by  a 
hnv  made  for  that  purpose;  such  members  attending  seasonal)ly,  and 
not  departing  without  license. 

Sec.  XVI.  All  intermediale  vacancies  in  the  house  of  representa- 
tives wvAy  be  filled  up,  from  time  to  time,  in  the  same  manner  as 
annual  elections  are  made. 

Sec.  XVII.  The  house  of  representatives -shall  be  the  grand  inciuest 
of  the  State,  and  all  imi)eachments  made  l)y  them  shall  be  heai-d  and 
tried  by  the  senate. 

Sec.  XVIII.  All  money  bills  shall  originate  in  the  house  of  repre- 
sentatives, but  the  s(Miate  may  propose  or  concnr  with  ainendments, 
as  on  other  bills. 


«  See  amendments,  page  2490. 


2478  New  Hampshire — 1792 

Sec.  XIX.  The  house  of  representatives  shall  have  power  to 
adjourn  themselves,  but  not  longer  than  two  days  at  a  time. 

Sec.  XX.  A  majority  of  the  members  of  the  house  of  representa- 
tives shall  be  a  quorum  for  doing  business ;  but  when  less  than  two- 
thirds  of  the  representatives  elected  shall  be  present,  the  assent  of 
two-thirds  of  those  members  shall  be  necessary  to  render  their  acts 
and  proceedings  valid. 

Sec.  XXI.  Xo  member  of  the  house  of  representatives  or  senate 
shall  be  arrested  or  held  to  bail  on  mean  process  during  his  going  to, 
returning  from,  or  attendance  upon,  the  court. 

Sec.  XXII.  The  house  of  representatives  shall  choose  their  own 
speaker,  appoint  their  own  officers,  and  settle  the  rules  of  proceed- 
ings in  their  own  house;  and  shall  be  judge  of  the  returns,  elections, 
and  qualifications  of  its  members,  as  pointed  out  in  this  constitution. 
They  shall  have  authority  to  punish  by  imprisonment  every  person 
who^  shall  be  guilty  of  disrespect  to  the  house  in  its  presence  by  any 
disorderly  and  contemptuous  behavior,  or  by  threatening  or  ill-treat- 
ing any  of  its  members;  or  by  obstructing  its  deliberations;  every 
person  guilty  of  a  breach  of  its  privileges  in  making  arrest  for  debt, 
or  by  assaulting  any  member  during  his  attendance  at  any  session; 
in  assaulting  or  disturbing  any  one  of  its  officers  in  the  execution  of 
any  order  or  procedure  of  the  house;  in  assaulting  any  witness  or 
other  person,  ordered  to  attend,  by  and  during  his  attendance  of  the 
house,  or  in  rescuing  any  person  arrested  by  order  of  the  house, 
knowing  them  to  be  such. 

Sec.  XXIII.  The  senate,  governor,  and  council  shall  have  the  same 
powers  in  like  cases;  provided  that  no  imprisonment  by  either,  for 
any  offence,  exceed  ten  days. 

Sec.  XXI Y.  The  journals  of  the  proceedings,  and  all  public  acts 
of  both  houses  of  the  legislature,  shall  be  printed  and  published 
immediately  after  every  adjournment  or  prorogation;  and  upon 
motion  made  by  any  one  member,  the  yeas  and  nays  upon  any  ques- 
tion shall  be  entered  upon  the  journal;  and  any  member  of  the  sen- 
ate or  house  of  representatives  shall  have  a  right,  on  motion  made 
at  the  same  time  for  that  purpose,  to  have  his  protest  or  dissent,  with 
the  reasons,  against  any  vote,  resolve,  or  bill  passed,  entered  on  the 
journal. 

senate 

Sec.  XXV.  The  senate  shall  consist  of  twelve  members,  who  shall 
hold  their  office  for  one  3'ear  from  the  first  Wednesday  of  June  next 
ensuing  their  election. 

Sec.  XXVI.  And  that  the  State  may  be  equally  represented  in  the 
senate,  the  legislature  shall,  from  time  to  time,  divide  the  State  into 
twelve  districts,  as  nearly  equal  as  may  be,  Avithout  dividing  towns 
and  unincorporated  places;  and  in  making  this  division  they  shall 
govern  themselves  b}^  the  proportion  of  direct  taxes  paid  by  the  said 
district ;  and  timely  make  known  to  the  inhabitants  of  the  State  the 
limits  of  each  district. 

Sec.  XXVII.  The  freeholders  and  other  inhabitants  of  each  dis- 
trict, qualified  as  in  this  constitution  is  provided,  shall  annually  give 
in  their  votes  for  a  senator,  at  some  meeting  holden  in  the  month  of 
March. 


New  Hampshire— 1792  2479 

Sec.  XXVIII.  The  senate  shall  be  the  first  branch  of  the  legisla- 
ture, and  the  senators  shall  be  chosen  in  the  following  manner,  viz: 
every  male  inhabitant  of  each  town  and  parish  with  town  privileges, 
and  places  unincorporated,  in  this  State,  of  twenty-one  vears  of  age 
and  upward,  exce]i)ting  ])aui)ers  and  persons  excused  from  paying 
taxes  at  their  own  request,  shall  have  a  right,  at  the  anjuial  or  other 
meeting  of  the  inhabitants  of  said  towns  and  parishes,  to  be  duly 
warned  and  holden  annually  forever  in  the  month  of  INIarch,  to  vote 
in  the  town  or  parish  wherein  he  dwells,  for  the  senator  in  the  district 
where  of  he  is  a  member. 

Sec.  XXIX,  Procidcd^  nevertheless^  That  no  person  shall  be  capa- 
ble of  being  elected  a  senator  who  is  not  of  the  Protcstunt  rdiglon^ 
and  seized  of  a  freehold  estate  in  his  own  rights  of  the  value  of  two 
hundred  pounds,  lying  within  the  State,  w^ho  is  not  of  the  age  of 
thirt}^  years,  and  who  shall  not  have  been  an  inhabitant  of  the  State 
for  seven  j^ears  immediately  preceding  his  election,  and  at  the  time 
thereof  he  shall  be  an  inhabitant  of  the  district  for  which  he  shall 
be  chosen. 

Sec.  XXX.  And  every  person,  qualified  as  the  constitution  pro- 
vides, shall  be  considered  an  inhabitant  for  the  purpose  of  electing 
and  being  elected  into  any  office  or  place  within  this  State,  in  the 
town,  parish,  and  plantation  where  he  dwelleth  and  hath  his  home. 

Sec.  XXXI.  And  the  inhabitants  of  plantations  and  places  unin- 
corporated, qualified  as  this  constitution  provides,  who  are  or  shall 
be  required  to  assess  taxes  upon  themselves  toward  the  support  of 
government,  or  shall  be  taxed  therefor,  shall  have  the  same  privilege 
of  voting  for  senators  in  the  plantations  and  places  wherein  they 
reside,  as  the  inhabitants  of  the  respective  towns  and  parishes  afore- 
said have.  And  the  meetings  of  such  plantations  and  places  for  that 
purpose  shall  be  holden  annually  in  the  month  of  ]March,  at  such 
places  respectively  therein  as  the  assessors  thereof  shall  direct ;  which 
assessors  shall  have  like  authority  for  notifying  the  electors,  collect- 
ing and  returning  the  votes,  as  the  selectmen  and  town  clerks  have 
in  their  several  towns  by  this  constitution. 

Sec.  XXXII.  The  meetings  for  the  choice  of  governor,  council, 
and  senators  shall  be  warned  by  warrant  from  the  selectmen,  and 
governed  by  a  moderator,  who  shall,  in  the  presence  of  the  selectmen, 
(whose  duty  it  shall  be  to  attend.)  in  open  meeting,  receive  the  votes 
of  all  the  inhabitants  of  such  towns  and  i)arishes  present  and  quali- 
fied to  vote  for  senators;  and  shall  in  said  meetings,  in  presence  of 
said  selectmen,  and  of  the  town  clerk  in  said  meetings,  sort  and  count 
the  said  votes,  and  make  a  public  declaration  thereof,  with  the  name 
of  ever}^  person  voted  for  and  the  number  of  votes  for  each  person ; 
and  the  town  clerk  shall  make  a  fair  record  of  the  same  at  large,  in 
the  town  book,  and  shall  make  out  a  fair  attested  copy  thereof,  to  be 
by  him  sealed  up  and  directed  to  the  secretary  of  the  State,  with  a 
superscription  expressing  the  i)urport  thereof;  and  the  said  town 
clerk  shall  cause  such  attested  copy  to  be  delivered  to  the  sheritf  of 
the  county  in  which  said  town  or  parish  shall  lie,  thirty  days  at  least 
before  the  first  Wednesday  of  June,  or  to  the  secretary  of  state  at 
least  twenty  days  before  the  said  first  Wednesday  of  June;  and  the 
sheriff  of  each  county,  or  his  deputy,  shall  deliver  all  such  certificates 


2480  New  Hamijsh  ire— 1792 

by  hiin  received  into  the  secretary's  office,  at  least  twenty  days  before 
the  first  Wednesday  of  June. 

Sec'.  XXXIII.  And  that  there  may  be  a  due  meeting  of  senators 
on  the  first  Wednesday  of  June  annually,  the  governor  and  a  majority 
of  the  council  for  the  time  being  shall,  as  soon  as  may  be,  examine  the 
return  copies  of  such  records,  and  fourteen  days  before  the  first  Wed- 
nesday of  June  he  shall  issue  his  summons  to  such  persons  as  appear 
to  be  chosen  senators  by  a  majority  of  votes,  to  attend  and  take  their 
seats  on  that  day:  Prorided,  necerthcJess,  That  for  the  first  j^ear  the 
said  returned  copies  shall-  be  examined  by  the  president  and  the  ma- 
jority of  the  council  then  in  office ;  and  the  said  president  shall  in  like 
manncu'  notify  the  persons  elected  to  attend  and  take  their  seats 
accordingly. 

Sec.  XXXIV.  And  in  case  there  shall  not  appear  to  be  a  senator 
elected  by  a  majority  of  votes  for  any  district,  the  deficiency  shall  be 
supplied  in  the  following  manner,  Adz :  the  members  of  the  house  of 
representatives,  and  such  senators  as  shall  be  declared  elected,  shall 
take  the  names  of  the  two  persons  having  the  highest  number  of  votes 
in  the  district,  and  out  of  them  shall  elect,  by  joint  ballot,  the  senator 
wanted  for  such  district ;  and  in  this  manner  all  such  vacancies  shall 
be  filled  up  in  every  district  of  the  State ;  and  in  like  manner  all  the 
vacancies  in  the  senate,  arising  by  death,  removal  out  of  the  State,  or 
otherwise,  shall  be  supplied,  as  soon  as  may  be,  after  such  vacancies 
happen. 

Sec.  XXXV.  The  senate  shall  be  final  judges  of  the  elections,  re- 
turns, and  qualifications  of  their  own  members,  as  pointed  out  in  this 
constitution. 

Sec.  XXXVI.  The  senate  shall  have  power  to  adjourn  themselves, 
provided  such  adjournment  do  not  exceed  two  days  at  a  time:  Pro- 
rided, nevertheless.  That  whenever  they  shall  sit  on  the  trial  of  any 
impeachment,  they  ma}^  adjourn  to  such  time  and  place  as  they  may 
think  proper,  although  the  legislature  be  not  assembled  on  such  day 
or  at  such  place. 

Sec.  XXXVII.  The  senate  shall  appoint  their  president  and  other 
officers,  and  determine  their  own  rules  of  proceedings.  And  not  less 
than  seven  members  of  the  senate  shall  make  a  quorum  for  doing 
business;  and  when  less  than  eight  senators  shall  be  present,  the 
assent  of  five,  at  least,  shall  be  necessary  to  render  their  acts  and  pro- 
ceedings valid. 

Sec.  XXXVIII.  The  senate  shall  be  a  court,  with  full  power  and 
authority  to  hear,  try,  and  determine  all  impeachments  made  by  the 
house  of  representatives  against  any  officer  or  officers  of  the  State,  for 
l)ribery,  corruption,  malpractice,  or  maladministration  in  office,  with 
full  power  to  issue  summons  or  compulsory  process,  convening  wit- 
nesses before  them;  but  previous  to  the  trial  of  any  such  impeach- 
ment, the  members  of  the  senate  shall  respectively  be  sworn  truly 
and  impartially  to  try  and  determine  the  charge  in  question  according 
to  evidence.  And  every  officer  impeached  for  bribery,  corruption, 
malpractice,  or  maladministration  in  office  shall  be  served  Avith  an 
attested  copy  of  the  impeachment  and  order  of  the  senate  thereon, 
Avith  such  citation  as  the  senate  may  direct,  setting  forth  the  time  and 
place  of  their  sitting  to  try  the  impeachment :  Avhich  service  shall  be 
made  by  the  sheriff,  or  such  other  sAvorn  officer  as  the  senate  may 


Xew  Hampshire — 1792  2481 

appoint,  at  least  fourteen  daj^s  previous  to  the  time  of  trial ;  and  such 
ciiation  bein^^  duly  served  and  returned,  the  senate  may  proceed  in 
the  heariiiir  of  the  impeachment,  giving  the  person  impeached,  if  he 
shall  a])pear,  full  liberty  of  producing- witnesses  and  proofs,  and  of 
making  his  defence  by  himself  and  counsel:  and  may,  also,  upon  his 
refusing  or  neglecting  to  appear,  hear  the  proofs  in  support  of  the 
impeachment,  and  render  judgment  thereon,  his  non-appearance  not- 
withstanding; and  such  judgment  shall  have  the  same  force  and 
effect  as  if  the  person  impeached  had  appeared  and  pleaded  in  the 
trial. 

Sec.  XXXIX.  Their  judgment,  however,  shall  not  extend  further 
than  removal  from  office,  disqualification  to  hold  or  enjoy  any  place 
of  honor,  trust,  or  profit  under  this  State;  but  the  party  so  convicted 
shall,  nevertheless,  be  liable  to  indictment,  trial,  judgment,  and  pun- 
ishment according  to  the  laws  of  the  land. 

Sec.  XL.  A^lienever  the  governor  shall  be  impeached,  the  chief  jus- 
tice of  the  supreme  judicial  court  shall,  during  the  trial,  preside  in 
the  senate  but  have  no  vote  therein. 

Executive  Power 

governor 

Sec.  XLI.  There  shall  be  a  supreme  executive  magistrate,  who  shall 
be  styled  governor  of  the  State  of  New  Hampshire;  and  whose  title 
shall  be  His  Excellency. 

Sec.  XLII.  The  governor  shall  be  chosen  annually  in  the  month  of 
JVIarch;  and  the  votes  for  governor  shall  be  received,  sorted,  counted, 
certified,  and  returned  in  the  same  manner  as  the  votes  for  senators; 
and  the  secretar}^  shall  lay  the  same  before  the  senate  and  house  of 
representatives  on  the  first  AVednesday  of  June,  to  be  by  them  exam- 
ined; and  in  case  of  an  election  by  a  majority  of  votes  through  the 
State,  the  choice  shall  be  by  them  declared  and  published.  And  the 
qualifications  of  electors  of  the  governor  shall  be  the  same  as  those 
for  senators;  and  if  no  person  shall  have  a  majority  of  votes,  the 
senate  and  house  of  representatives  shall,  by  joint  ballot,  elect  one  of 
the  two  ])ersons  having  the  highest  number  of  votes,  who  shall  be 
declared  governor.  And  no  person  shall  be  eligible  to  this  office 
unless  at  the  time  of  his  election  he  shall  have  been  an  inhal)itant  of 
this  State  for  seven  3'ears  next  preceding,  and  unless  he  shall  be  of  the 
age  of  thirty  years  and  unless  he  shall  at  the  same  time  have  an 
estate  of  the  value  of  five  hundred  ])ounds,  one-half  of  which  shall 
consist  of  a  freehold  in  his  own  right  within  this  State,  and  unless 
he  shall  be  of  the  protestant  religion. 

Sec.  XLIII.  In  cases  of  disagreement  between  tlie  two  houses  with 
regard  to  the  time  or  place  of  adjournment  or  ])r()rogation.  the  gov- 
ernor, with  advice  of  council,  shall  havea  right  to  adjourn  ov  prorogue 
the  genei-al  court,  not  exceeding  ninety  days  at  any  one  time,  as  he 
may  determine  the  pul)lic  good  may  require,  and  he  shall  dissolve  the 
same  seven  days  before  the  said  fii'st  Wednesday  of  June.  And  in 
case  of  any  infectious  distemper  prevailing  in  the  place  where  the  said 
court  at  any  time  is  to  convene,  or  any  other  cause  whereby  dangers 
may  arise  to  the  health  or  lives  of  the  members  from  their  attendance, 
7253— VOL  3—07 42 


2482  New  Hampshire— 1792 

the  governor  may  direct  the  session  to  be  holden  at  some  other,  the 
most  convenient  place  within  the  State. 

Sec.  XLIV.  Every  bill  which  shall  have  passed  both  houses  of  the 
general  court  shall,  before  it  becomes  a  law,  be  presented  to  the  gov- 
ernor; if  he  approve,  he  shall  sign  it,  but  if  not  he  shall  return  it,  with 
his  objections,  to  that  house  in  which  it  shall  have  originated,  who  shall 
enter  the  objections  at  large  on  their  journal,  and  proceed  to  recon- 
sider it.  If,  after  such  reconsideration,  two-thirds  of  that  house  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  together  Avith  such  objections, 
to  the  other  house,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two-thirds  of  that  house,  it  shall  become  a  law.  But 
in  all  such  cases  the  votes  of  both  houses  shall  be  determined  by  yeas 
and  nays ;  and  the  names  of  the  persons  voting  for  or  against  the  bill 
shall  be  entered  on  the  journal  of  each  house  respectively.  If  any  bill 
shall  not  be  returned  by  the  governor  within  five  days  (Sundays  ex- 
cepted) after  it  shall  have  been  presented  to  him,  the  same  shall  be 
a  law  in  like  manner  as  if  he  had  signed  it,  unless  the  legislature,  by 
their  adjournment,  prevent  its  return,  in  wdiich  case  it  shall  not 
be  a  law. 

Sec.  XLV.  Every  resolve  shall  be  presented  to  the  governor,  and, 
before  the  same  shall  take  effect,  shall  be  approved  by  him;  or,  being 
disapproved  by  him,  shall  be  repassed  by  the  senate  and  house  of  rep- 
resentatives, according  to  the  rules  and  limitations  prescribed  in  the 
case  of  a  bill. 

Sec.  XLVI.  All  judicial  officers,  the  attorney-general,  solicitors, 
all  sheriffs,  coroners,  registers  of  probate,  and  all  officers  of  the  navy, 
and  general  and  field  officers  of  the  militia  shall  be  nominated  and 
appointed  by  the  governor  and  council;  and  every  such  nomination 
shall  be  made  at  least  three  days  prior  to  such  appointment ;  and  no 
appointment  shall  take  place  unless  a  majority  of  the  council  agree 
thereto. 

Sec.  XLVII.  The  governor  and  council  shall  have  a  negative  on 
each  other,  both  in  the  nominations  and  appointments.  Every  nomi- 
nation and  appointment  shall  be  signed  by  the  governor  and  council, 
and  every  negative  shall  be  also  signed  by  the  governor  or  council 
who  made  the  same. 

Sec.  XLVIII.  The  captains  and  subalterns  in  the  respective  regi- 
ments shall  be  nominated  and  recommended  by  the  field  officers  to  the 
governor,  who  is  to  issue  their  commissions  immediately  on  receipt 
of  such  recommendation. 

Sec.  XLIX.  Whenever  the  chair  of  the  governor  shall  become 
vacant  by  reason  of  his  death,  absence  from  the  State,  or  otherwise, 
the  president  of  the  senate  shall,  during  such  vacancy,  have  and  exer- 
cise all  the  powers  and  authorities  which  by  this  constitution  the 
governor  is  vested  with  when  personally  present ;  but  when  the  jDresi- 
dent  of  the  senate  shall  exercise  the  office  of  governor  he  shall  not 
hold  his  office  in  the  senate. 

Sec.  L.  The  governor,  with  the  advice  of  council,  shall  have  full 
power  and  authority,  in  recess  of  the  general  court,  to  prorogue  the 
same  from  time  to  time,  not  exceeding  ninety  days  in  any  one  recess 
of  said  court;  and,  during  the  sessions  of  said  court,  to  adjourn  or 
prorogue  it  to  any  time  the  two  houses  may  desire,  and  call  it  together 
sooner  than  the  time  to  which  it  may  be  adjourned  or  prorogued,  if 
the  w^elfare  of  the  State  should  require  the  same. 


New  Hampshire— 1792  2483 

Sec.  LI.  The  governor  of  this  State  for  the  time  being  shall  be 
commander-in-chief  of  the  army  and  navy,  and  all  the  military  forces 
of  the  State  by  sea  and  land;  and  shall  have  full  power  l)v  himself 
or  by  any  chief  commander,  or  other  officer  or  officers,  from  time  to 
time,  to  train,  instruct,  exercise,  and  govern  the  militia  and  naAT; 
and  for  the  special  defence  and  safety  of  this  State,  to  assemble  in 
martial  array,  and  ])ut  in  warlike  posture  the  inhabitants  thereof, 
and  to  lead  and  conduct  them,  and  with  them  to  encounter,  repulse, 
repel,  resist,  and  pursue  by  force  of  arms,  as  well  by  sea  as  by  land, 
within  and  without  the  limits  of  this  State;  and  also  to  kill,  slay, 
destroy,  if  necessary,  and  conquer  by  all  fitting  ways,  enterprise,  and 
means,  all  and  every  such  person  and  persons  as  shall  at  any  time 
hereafter,  in  a  hostile  maimer,  attempt  or  enterprise  the  destruction, 
invasion,  detriment,  or  annoyance  of  this  State;  and  to  use  and  exer- 
cise over  the  army  and  navy,  and  over  the  militia  in  actual  service, 
the  law-martial  in  time  of  war,  invasion,  and  also  in  rebellion  declared 
by  the  legislature  to  exist,  as  occasion  shall  necessarily  require;  and 
surprise,  by  all  ways  and  means  whatsoever,  all  and  every  such  ]:)erson 
or  persons,  with  their  ships,  arms,  ammunition,  and  other  goods,  as 
shall  in  a  hostile  manner  invade,  or  attempt  the  invading,  conquering, 
or  annoying  this  State;  and,  in  fine,  the  governor  hereby  is  entrusted 
with  all  other  powers  incident  to  the  office  of  captain-general  and 
connnander-in-chief  and  admiral,  to  be  exercised  agreeably  to  the 
rules  and  regulations  of  the  constitution  and  the  hivvs  of  the  land : 
Provided,  That  the  governor  shall  not  at  any  time  hereafter,  by  virtue 
of  an}^  power  by  this  constitution  granted,  or  hereafter  to  be  granted 
to  him  by  the  legislature,  transport  any  of  the  inhabitants  of  this 
State,  or  oblige  them  to  march  out  of  the  limits  of  the  same,  without 
their  free  and  voluntary  consent,  or  the  consent  of  the  general  court, 
nor  grant  commissions  for  exercising  the  law-martial  in  any  case 
without  the  advice  and  consent  of  the  council. 

Spx;.  LII.  The  power  of  pardoning  offences,  except  such  as  per- 
sons may  be  ccmvicted  of  before  the  senate  by  impeachment  of  the 
house,  shall  be  in  the  governor,  by  and  with  the  advice  of  council ;  but 
no  charter  of  pardon  granted  by  the  governor,  with  advice  of  coun- 
cil, before  conviction,  shall  avail  the  party  pleading  the  same,  not- 
withstanding any  general  or  ])articular  expressions  contained  therein, 
descriptive  of  the  offence  or  offences  intended  to  be  pardoned. 

Skc.  LIII.  Xo  officer,  duly  commissioned  to  connnai'.d  in  the  militia, 
shall  be  removed  from  his  office  but  by  the  address  of  both  houses  to 
the  governor,  or  by  fair  trial  in  court-martial.  |)ursuant  to  the  laws 
of  the  State  for  the  time  being. 

Sec.  LIV.  The  commanding  officers  of  the  regiments  shall  appoint 
their  adjutants  and  quartermasters;  the  brigadiers,  their  I)rigade- 
majors;  the  major-generals,  their  aids;  the  captains  and  subalterns, 
their  non-connnissioned  officers. 

Sec.  LV.  The  division  of  the  militia  into  brigades,  regiments,  and 
conq)anies.  made  in  i)ursuance  of  the  militia  laws  now  in  force,  shall 
be  considered  as  the  proper  division  of  the  militia  of  this  State,  until 
the  same  shall  be  altered  by  some  future  law. 

Sec.  LVL  No  moneys  shall  be  issued  out  of  the  treasury  of  this 
State,  and  disposed  of  (except  such  sums  as  may  be  appropriated 


2484  New  Hampshire — 1792 

for  the  redemption  of  bills  of  credit  or  treasurer's  notes,  or  for  the 
payment  of  interest  arising  thereon)  but  by  warrant  under  the  hand 
of  the  governor  for  the  time  being,  by  and  with  the  adA'ice  and 
consent  of  council,  for  the  necessary  support  and  defence  of  this  State, 
and  for  the  necessary  protection  and  preservation  of  the  inhabitants 
thereof,  agreeably  to  the  acts  and  resolves  of  the  geueral  court. 

Sec.  LVII.  All  public  boards,  the  commissary-general,  all  superin- 
tending officers  of  public  magazines  and  stores  belonging  to  this  State, 
and  all  commanding  officers  of  forts  and  garrisons  within  the  same, 
shall,  once  in  every  three  months,  officially,  and  without  re(piisition, 
and  at  other  times  when  required  by  the  governor,  deliver  to  him  an 
account  of  all  goods,  stores,  provisions,  ammunition,  cannon  with 
their  appendages,  and  all  small-arms  with  their  accoutrements,  and 
of  all  other  i^ublic  property  under  their  care,  respectively;  distin- 
guishing the  quantity  and  kind  of  each  as  particularly  as  may  be, 
together  with  the  condition  of  such  forts  and  garrisons ;  and  the  com- 
manding officer  shall  exhibit  to  the  governor,  when  required  by  him, 
true  and  exact  plans  of  such  forts,  and  of  the  land  and  sea  or  harbor 
or  harbors  adjacent. 

Sec.  LVIII.  The  governor  and  council  shall  be  compensated  for 
their  services,  from  time  to  time,  by  such  grants  as  the  general  court 
shall  think  reasonable. 

Sec.  LIX.  Permanent  and  honorable  salaries  shall  be  established 
by  law  for  the  justices  of  the  superior  court. 

COUNCIL 

Sec.  LX.  There  shall  be  annually  elected  by  ballot  five  councillors, 
for  advising  the  governor  in  the  executive  part  of  government.  The 
freeholders  and  other  inhabitants  of  each  county,  qualified  to  vote 
for  senators,  shall,  some  time  in  the  month  of  March,  give  in  their 
votes  for  one  councillor;  which  votes  shall  be  received,  sorted, 
counted,  certified,  and  returned  to  the  secretary's  office,  in  the  same 
manner  as  the  votes  for  senators,  to  be  by  the  secretary  laid  before 
the  senate  and  house  of  representatives  on  the  first  Wednesday -of 
June. 

Sec.  LXI.  And  the  person  having  a  majority  of  votes  in  any  county 
shall  be  considered  as  duly  elected  a  councillor,  but  if  no  person  shall 
have  a  majority  of  votes  in  any  county,  the  senate  and  house  of  repre- 
sentatives shall  take  the  names  of  the  two  persons  who  have  the  high- 
est number  of  votes  in  each  county,  and  not  elected,  and  out  of  these 
two  shall  elect  by  joint  ballot  the  councillor  wanted  for  such  county; 
and  the  qualifications  for  councillors  shall  be  the  same  as  for  senators. 

Sec.  LXII.  If  any  person  thus  chosen  a  councillor  shall  be  elected 
governor  or  member  of  either  branch  of  the  legislature,  and  shall 
accept  the  trust ;  or  if  any  person  elected  a  councillor  shall  refuse  to 
accept  the  office;  or  in  case  of  the  death,  resignation,  or  removal  of 
any  councillor  out  of  the  State,  the  governor  may  issue  a  precept  for 
the  election  of  a  new  councillor  in  that  county  where  such  vacancy 
shall  happen;  and  the  choice  shall  be  in  the  same  manner  as  before 
directed ;  and  the  governor  shall  have  full  power  and  authority  to 
convene  the  council,  from  time  to  time,  at  his  discretion ;  and  with 
them,  or  the  majority  of  them,  may  and  shall,  from  time  to  time,  hold 


New  Hampshire— 1792  2485 

a  council  for  ordering  and  directing  the  affairs  of  this  State,  accord- 
ing to  the  hiws  of  the  hind. 

Sec.  LXIII.  The  members  of  the  council  ma}'  be  impeached  by  the 
house  and  tried  by  the  senate  for  bribery,  corruption,  malpractice,  or 
maladministration. 

Sec.  LXIV.  The  resolutions  and  advice  of  the  council  shall  be 
recorded  by  the  secretar}^  in  a  register,  and  signed  b}^  all  the  members 
present  agreeing  thereto;  and  this  record  maj^  be  called  for  at  any 
time  by  either  house  of  the  legislature,  and  any  member  of  the  council 
uiay  enter  his  oj^inion  contrary  to  the  resolution  of  the  majority,  with 
the  reasons  for  such  opinion. 

Sec.  LXV.  The  legislature  ma}^,  if  the  public  good  shall  hereafter 
require  it,  divide  the  State  into  five  districts,  as  nearly  equal  as  may 
be,  governing  themselves  by  the  number  of  ratable  polls  and  propor- 
tion of  public  taxes;  each  district  to  elect  a  councillor;  and  in  case 
of  such  division,  the  manner  of  the  choice  shall  be  conformable  to  the 
present  mode  of  election  in  counties. 

Sec.  LXVI.  And  whereas^  The  elections  appointed  to  be  made  by 
this  constifution  on  the  first  AVednesday  of  June,  annually,  by  the  two 
houses  of  the  legislature,  may  not  be  completed  on  that  day^  the  said 
elections  may  be  adjourned  from  day  to  day  until  the  same  be  com- 
pleted. And  the  order  of  the  elections  shall  be  as  follows :  the  vacan- 
cies of  the  senate,  if  any,  shall  be  first  filled  up ;  the  governor  shall 
then  be  elected,  provided  there  should  be  no  choice  of  him  by  the  peo- 
ple ;  and  afterward  the  two  houses  shall  proceed  to  fill  up  the  vacancy, 
if  any,  in  the  council. 

secretary,  treasurer,  commissary-general,  etc 

Sec.  LXVII.  The  secretary,  treasurer,  and  commissary-general 
shall  be  chosen  by  joint  ballot  of  the  senators  and  reprissentatives, 
assembled  in  one  room. 

Sec.  LXVIIL  The  records  of  the  State  shall  be  kept  in  the  office 
of  the  secretary;  and  he  shall  attend  the  governor  and  coinicil,  the 
senate  and  representatives,  in  person  or  by  deputy,  as  they  ma_y 
require. 

Sec.  LXTX.  The  secretary  of  state  shall  at  all  times  have  a  deputy, 
to  be  by  him  appointed,  for  whose  conduct  in  office  he  shall  be  respon- 
sible; and  in  case  of  the  death,  removal,  or  inability  of  the  secretary, 
his  deputy  shall  exercise  all  the  duties  of  the  office  of  secretary  of  this 
state  uutil  auother  shall  be  appointed. 

Se(;.  LXX.  The  secretary,  before  he  enters  upon  the  business  of  his 
office,  shall  give  bond,  with  sufficient  sureties,  in  a  reasonable  sum,  for 
the  use  of  the  State,  for  the  j)uiic(ual  pei-foruiance  of  his  trust. 

(•OINTV  TKEASI'RERS,  ETC 

Sec.  LXXI.  The  county  treasurers  and  registers  of  deeds  shall  be 
elected  by  the  inhabitants  of  the  several  towns,  in  the  several  coun- 
ties in  the  State,  according  to  the  method  now  practiced  and  the  laws 
of  the  State : 

Provided^  nevertheless.  The  legislature  shall  have  authority  to  alter 
the  manner  of  certifving  the  votes  and  the  uiode  of  electiuir  those 


2486  New  Hampshire— 1792 

officers,  but  not  so  as  to  deprive  the  people  of  the  right  they  now  have 
of  electing  them. 

Sec.  LXXII.  And  the  legislature,  on  the  application  of  the  major 
part  of  the  inhabitants  of  any  county,  shall  have  authority  to  divide 
the  same  into  two  districts  for  registering  deeds,  if  to  them  it  shall 
appear  necessary ;  each  district  to  elect  a  register  of  deeds ;  and,  before 
they  enter  upon  the  business  of  their  offices,  shall  be  respectively 
sworn  faithfully  to  discharge  the  duties  thereof,  and  shall  severally 
give  bond,  with  sufficient  sureties,  in  a  reasonable  sum,  for  the  use 
of  the  county,  for  the  punctual  performance  of  their  respective  trusts, 

JUDICIAL   POWER 

Sec.  LXXIII.  The  tenure  that  all  commissioned  officers  shall  have 
by  law  in  their  offices  shall  be  expressed  in  their  respective  commis- 
sions. All  judicial  officers,  duly  appointed,  commissioned,  and  sworn, 
shall  hold  their  offices  during  good  behavior,  excepting  those  concern- 
ing whom  there  is  a  different  provision  made  in  this  constitution : 
Provided,  nerertheless,  The  president."  with  consent  of  the  council, 
may  remove  them  upon  the  address  of  both  houses  of  the  legislature. 

Sec  LXXIV.  Each  branch  of  the  legislature,  as  well  as  the  gov- 
ernor and  council,  shall  have  authority  to  require  the  opinions  of  the 
justices  of  the  superior  court  upon  important  questions  of  law,  and 
uj^on  solemn  occasions. 

Sec.  LXXV.  In  order  that  the  people  may  not  suffer  from  the  long 
continuance  in  place  of  any  justice  of  the  peace  who  shall  fail  in  dis- 
charging the  important  duties  of  his  office  with  ability  and  fidelity, 
all  commissions  of  justices  of  the  peace  shall  become  void  at  the 
expiration  of  five  years  from  their  respective  dates;  and  upon  the 
exj^iration  of  any  commission,  the  same  may,  if  necessary,  be  renewed, 
or  another  person  appointed,  as  shall  most  conduce  to  the  well-being 
of  the  State. 

Sec.  LXXVI.  All'  causes  of  marriage,  divorce,  and  alimony,  and 
all  appeals  from  the  respective  judges  of  probate,  shall  be  heard  and 
tried  by  the  superior  court,  until  tlie  legislature  shall  by  law  make 
other  provision. 

Sec.  LXXVII.  The  general  court  are  empowered  to  give  to  justices 
of  the  peace  jurisdiction  in  civil  causes  when  the  damages  demanded 
shall  not  exceed  four  pounds,  and  title  of  real  estate  is  not  concerned ; 
but  with  right  of  appeal  to  either  party  to  some  other  court,  so  that  a 
trial  by  jury,  in  the  last  resort,  may  be  had. 

Sec."  LXXYIII.  Xo  person  shall  hold  the  office  of  judge  of  any 
court,  or  judge  of  probate,  or  sheriff  of  any  county,  after  he  has 
attained  the  age  of  seventy  years. 

Sec.  LXXIX.  Xo  judge  of  any  court,  or  justice  of  the  peace,  shall 
act  as  attorney  or  be  of  counsel  to  any  party,  or  originate  any  civil 
suit  in  matters  which  shall  come  or  be  brought  before  him  as  judge 
or  justice  of  the  peace. 

Sec.  LXXX.  All  matters  relating  to  the  probate  of  wills  and 
granting  letters  of  administration  shall  be  exercised  by  the  judges  of 
probate,  in  such  manner  as  the  legislature  have  directed,  or  may  here- 

a  Printed  governor  in  several  printed  editions,  but  president  in  the  original 
document. 


New  Hamq3sUre—1792  2487 

after  direct:  and  the  judges  of  probate  shall  hold  their  courts  at  such 
place  or  places,  on  such  tixed  days  as  the  convenience  of  the  people 
ma}^  require,  and  the  legislature  from  time  to  time  api)oint. 

Sec.  LXXXI.  Xo  judge  or  register  of  probate  shall  be  of  counsel, 
act  as  advocate,  or  receive  any  fees  as  advocate  or  counsel  in  any  i)ro- 
bate  business  which  is  pending  or  may  be  brought  into  any  court  of 
probate  in  the  county  of  which  he  is  the  judge  or  register. 

CLERKS   or    COURTS 

Sec.  LXXXII.  The  judges  of  the  courts  (those  of  probate  ex- 
cepted) shall  appoint  their  respective  clerks,  to  hold  their  office 
during  pleasure;  and  no  such  clerk  shall  act  as  an  attorney  or  be  of 
counsel  in  any  cause  in  the  court  of  which  he  is  clerk,  nor  shall  he 
draw  any  writ  originating  a  civil  action. 

ENCOURAGEMENT  OF  LITERATURE,  ETC 

Sec.  LXXXTII.  Knowledge  and  learning  generally  diffused 
through  a  community,  being  essential  to  the  preservation  of  a  free 
government :  and  spreading  the  opportunities  and  advantages  of  edu- 
cation through  the  various  parts  of  the  county  being  highly  conducive 
to  promote  this  end,  it  shall  be  the  duty  of  the  legislatures  and  migis- 
trates,  in  all  future  periods  of  this  government,  to  cherish  the  interests 
of  literature  and  the  sciences,  and  all  seminaries  and  public  schools; 
to  encourage  private  and  puljlic  institutions,  rewards,  and  innnuni- 
ties  for  the  promotion  of  agriculture,  arts,  sciences,  commerce,  trade, 
manufactures,  and  natural  history  of  the  country;  to  countenance 
and  inculcate  the  principles  of  humanity  and  general  benevolence, 
public  and  private  charity,  industry  and  economy,  honesty  and  punc- 
tuality, sincerity,  sobriety,  and  all  social  affections  and  generous  senti- 
ments among  the  people. 

OATHS    AND    subscriptions;    EXCLUSION    FROM    OFFICES;    COMMISSIONS; 

writs;   confir]mation   or  laws;   habeas  corpus;   the  enacting 

STYLE  ;  CONTINUANCE  OF  OFFICERS  ;  PROVISION  FOR  A  FUTURE  REVISION 
of  THE  CONSTITUTION,  ETC 

Sec.  LXXXIV.  Any  person  chosen  governor,  councillor,  senator, 
or  representative,  military  or  civil  officer,  (town  officers  excepted.) 
accepting  the  trust,  shall,  before  he  proceeds  to  execute  the  duties  of 
his  office,  make  and  subscribe  the  following  declaration,  viz: 

"I,  A.  B..  do  solemnly  swear  that  I  will  bear  faith  and  true  alle- 
giance to  the  State  of  Xew  Hampshire,  and  will  support  the  constitu- 
tion thereof.    So  help  me  God. 

"  I,  A.  B.,  do  solenmly  and  sincerely  swear  and  affirm  that  T  will 
faithfully   and   impartially   discharge   and    perform   all   the   duties 

incuml)ent  on  me  as  ,  according  to  the  best  of  my  abilities; 

agreeable  to  the  rules  and  regulations  of  this  constitution  and  the 
laws  of  the  State  of  New  Hampshire.     So  help  me  God." 

Any  person  having  taken  and  subscribed  the  oath  of  allegiance, 
and  the  same  being  filed  in  the  secretary's  office,  he  shall  not  be 
obliged  to  take  said  oath  ajjain : 


2488  New  Hampshire— 179^ 

Provided  alicays^  TMien  any  person,  chosen  or  appointed  as  afore- 
said, shall  be  of  the  denomination  called  Quakers,  or  shall  be  scrupu- 
lous of  swearing,  and  shall  decline  taking  the  said  oaths,  such  person 
shall  take  and  subscribe  them,  omitting  the  word  '•  swear,"  and  like- 
wise the  words,  "  So  help  me  God,"  subjoining  instead  thereof,  ''  This 
I  do  under  the  pains  and  penalties  of  perjury." 

Sec.  LXXXV.  And  the  oaths  of  affirmation  shall  be  taken  and 
subscribed  by  the  governor,  before  the  president  of  the  senate,  in 
presence  of  both  houses  of  the  legislature,  and  by  the  senators  and 
representatives  first  elected  under  this  constitution  as  altered  and 
amended,  before  the  president  of  the  State  and  a  majority  of  the 
council  then  in  office,  and  forever  afterward  before  the  governor  and 
council  for  the  time  being;  and  by  all  other  officers  before  such 
persons  and  in  such  manner  as  the  legislature  shall  from  time  to 
time  appoint. 

Sec.  LXXXYI.  All  commissions  shall  be  in  the  name  of  the  State 
of  Xew  Hampshire,  signed  by  the  governor  and  attested  by  the  sec- 
retary or  his  deputy,  and  shall  have  the  great  seal  of  the  State 
affixed  thereto. 

Sec.  LXXXVII.  All  writs  issuing  out  of  the  clerk's  office  in  any 
of  the  courts  of  law  shall  be  in  the  name  of  the  State  of  New  Hamp- 
shire ;  shall  be  under  the  seal  of  the  court  whence  they  issue,  and  bear 
test  of  the  chief,  first,  or  senior  justice  of  the  court;  but  when  such 
justice  shall  be  interested,  then  the  writ  shall  bear  the  test  of  some 
other  justice  of  the  court,  to  which  the  same  shall  be  returnable,  and 
be  signed  by  the  clerk  of  such  court. 

Sec.  LXXXVIII.  All  indictments,  presentments,  and  information 
shall  conclude,  Against  the  peace  and  dignity  of  the  State. 

Sec.  LXXXIX.  The  estate  of  such  persons  as  may  destroy  their 
own  lives  shall  not  for  that  offence  be  forfeited,  but  descend  or 
ascend  in  the  same  manner  as  if  such  person  had  died  in  a  natural 
way.  Xor  shall  any  article  which  shall  accidentally  occasion  the 
death  of  any  person  be  henceforth  deemed  a  deodand,  or  in  anywise 
forfeited  on  account  of  such  misfortune. 

Sec.  XC.  All  laws  which  have  heretofore  been  adopted,  used,  and 
approved  in  the  province,  colony,  or  State  of  New  Hampshire,  and 
usually  practised  on  in  the  courts  of  law,  shall  remain  and  be  in  full 
force  until  altered  and  repealed  by  the  legislature,  such  parts  thereof 
only  excepted  as  are  repugnant  to  the  rights  and  liberties  contained 
in  this  constitution:  Provided^  That  nothing  herein  contained,  when 
compared  with  the  twenty-third  article  in  the  bill  of  rights,  shall  be 
construed  to  affect  the  laws  already  made  respecting  the  persons  or 
estates  of  absentees. 

Sec.  XCI.  The  privilege  and  benefit  of  the  habeas  corpus  shall  be 
enjoyed  in  this  State  in  the  most  free,  easy,  cheap,  expeditious,  and 
ample  manner,  and  shall  not  be  suspended  by  the  legislature,  except 
upon  the  most  urgent  and  pressing  occasions,  and  for  a  time  not 
exceeding  three  months. 

Sec.  XCII.  The  enacting  style  in  making  and  passing  acts,  stat- 
utes, and  laws  shall  be.  Be  it  enacted  hy  the.  senate  and  house  of 
representatives  in  general  court  convened. 

Sec.  XCIII.  No  governor  or  judge  of  the  supreme  judicial  court 
shall  hold  any  office  or  place  under  the  authority  of  this  State,  except 
such  as  by  this  constitution  they  are  admitted  to  hold,  saving  that  the 


New  Hampshire— 1792  2489 

judges  of  the  said  court  may  hold  the  offices  of  justices  of  the  peace 
throughout  the  State;  nor  shall  they  hold  any  place  or  office,  or 
receive  any  pension  or  salary  from  any  other  iState,  government,  or 
power  whatever. 

Sec.  XCIV.  Xo  person  shall  be  capable  of  exercising  at  the  same 
time  more  than  one  of  the  following  offices  in  this  State,  viz:  judge 
of  probate,  sheriff,  register  of  deeds,  and  never  more  than  two  offices 
of  profit,  which  may  be  held  by  appointment  of  the  governor,  or 
governor  and  council,  or  senate  and  house  of  representatives,  or 
superior  or  inferior  courts;  military  offices  and  offices  of  the  justices 
of  the  peace  excepted. 

Sec.  XCV.  No  person  holding  the  office  of  judge  of  any  court, 
except  special  judges,  secretary,  treasurer  of  the  State,  attorney-gen- 
eral, commissary-general,  military  officers  receiving  pay  from  the 
continent  or  this  State,  excepting  officers  of  the  militia,  occasionally 
called  forth  on  an  emergency,  register  of  deeds,  sheriff,  or  officers  of 
the  customs,  including  naval  officers,  collectors  of  excise  and  State 
and  continental  taxes,  hereafter  appointed,  and  not  having  settled 
their  accounts  with  the  respective  officers  with  whom  it  is  their  duty 
to  settle  such  accounts,  members  of  Congress,  or.  an}'  person  holding 
any  office  under  the  United  States,  shall  at  the  same  time  hold  the 
office  of  governor,  or  have  a  seat  in  the  senate,  or  house  of  representa- 
tives, or  council ;  but  his  being  chosen  and  appointed  to  and  accepting 
the  same  shall  operate  as  a  resignation  of  their  seat  in  the  chair, 
senate,  or  house  of  representatives,  or  council,  and  the  place  so  vacated 
shall  be  filled  up.  Xo  member  of  the  council  shall  have  a  seat  in  the 
senate  or  house  of  representatives. 

Sec.  XCVI.  Xo  person  shall  ever  be  admitted  to  hold  a  seat  in  the 
legislature,  or  any  office  of  trust  or  importance  under  this  govern- 
ment, who,  in  the  due  course  of  law,  has  been  convicted  of  bribery  or 
corruption  m  obtaining  an  election  or  appointment. 

Sec.  XCVII.  In  all  cases  where  sums  of  money  are  mentioned  in 
this  constitution  the  value  thereof  shall  be  computed  in  silver  at  six 
shillings  and  eight  pence  per  ounce. 

Sec.  XCVIII.  To  the  end  that  there  may  be  no  failure  of  justice 
or  danger  to  the  State,  by  the  alterations  and  amendments  made  in 
the  constitution,  the  general  court  is  hereby  fully  authorized  and 
directed  to  fix  the  time  when  the  alterations  and  amendments  shall 
take  effect,  and  make  the  necessary  arrangements  accordingly." 

Sec.  XCIX.  It  shall  be  the  duty  of  the  selectmen  and  assessors  of 
the  several  towns  and  places  in  this  State,  in  warning  the  first  annual 
meetings  for  the  choice  of  senators,  after  the  expiration  of  seven 
years  from  the  adoption  of  this  constitution  as  amended,  to  insert 
expressly  in  the  warrant  this  purpose  among  others  for  the  meeting, 
to  wit :  to  take  the  sense  of  the  qualified  voters  on  the  sul)ject  of  a 
revision  of  the  constitution ;  and  the  meeting  being  warned  accord- 
ingly, and  not  otherwise,  the  moderator  shall  take  the  sense  of  the 
qualified  voters  present  as  to  the  necessity  of  a  revision ;  and  a  return 
of  the  number  of  votes  for  and  against  such  necessity  shall  be  made 
by  the  clerk,  sealed  up,  and  directed  to  the  general  court  at  their  then 
next  session;  and  if  it  shall  appear  to  the  general  court,  by  such 
return,  that  the  sense  of  the  people  of  the  State  has  been  taken,  and 

<»  Fixed  by  act  of  December  14,  1792. 


2490  New  Hampshire— 1792 

that,  in  the  opinion  of  the  majority  of  the  qiialihed  voters  in  the 
State,  present  and  voting  at  the  said  meetings,  there  is  a  necessity 
for  a  revision  of  the  constitution,  it  shall  be  the  duty  of  the  general 
court  to  call  a  convention  for  that  purpose;  otherwise  the  general 
court  shall  direct  the  sense  of  the  people  to  be  taken,  and  then  ])roceed 
in  the  manner  before  mentioned;  the  delegates  to  be  chosen  in  the 
same  manner  and  proportioned  as  the  representatives  to  the  general 
court:  Provided^  That  no  alterations  shall  be  made  in  this  constitu- 
tion before  the  same  shall  be  laid  before  the  towns  and  unincorporated 
places,  and  approved  by  two-thirds  of  the  qualified  voters  present 
and  voting  on  the  subject. 

Sec.  C.  And  the  same  method  of  taking  the  sense  of  the  people  as 
to  the  revision  of  the  constitution,  and  calling  a  convention  for  that 
purpose,  shall  be  observed  afterward,  at  the  expiration  of  every  seven 
years. 

Sec.  CI.  This  form  of  government  shajl  be  enrolled  on  parchment 
and  deposited  in  the  secretarj^'s  office,  and  be  a  part  of  the  laws  of 
the  land,  and  printed  copies  thereof  shall  be  prefixed  to  the  books  con- 
taining the  laws  of  this  State  in  all  future  editions  thereof. 

John  Pickering,  President  pro  tern. 

John  Calfe,  Secretary. 

In  Convention, 
Held  at  Concord  the  Fifth  Day  of  Septemher^ 

Anno  Domini  1792. 
The  returns  from  the  several  towns  and  unincorporated  places 
being  examined,  and  it  appearing  that  the  foregoing  Bill  of  Rir/hts 
and  Form  of  Government,  as  amended  by  the  convention,  Avere 
approved  by  more  than  two-thirds  of  the  qualified  voters  present  in 
town  meetings,  and  voting  u]:)on  the  question,  the  same  are  agreed  on 
and  established  by  the  delegates  of  the  people  in  convention,  and 
declared  to  be  the  civil  constitution  of  the  State  of  New  Hampshire. 

Samuel  Livermore,  President. 
John  Calee,  Secretary. 

AMENDMENTS  TO  THE  CONSTITUTION  OF  1792 

(Ratified  in  1852 )o 

Part  II.  Section  14.  Strike  out  the  words  "  shall  have  an  estate 
within  the  district  where  he  may  be  chosen  to  represent  of  the  value 
of  one  hundred  pounds,  one-half  of  which  to  be  a  freehold  whereof 
he  is  seized  in  his  owm  right." 

Part  II.  Sec.  29.  Strike  out  the  words  "  and  seized  of  a  freehold 
estate  in  his  own  right  of  the  value  of  two  hundred  pounds,  lying 
within  this  State." 

Part  II.  Sec.  42.  Strike  out  the  words  "  and  unless  he  shall  at  the 
same  time  have  an  estate  of  the  value  of  five  hundred  pounds,  one- 
half  of  which  shall  consist  of  a  freehold  in  his  oAvn  right  within  this 
State." 

o  Tbese  amendments  were  framed  with  several  others  by  a  convention  which 
assembled  at  Concord  November  6,  1850,  and  after  an  adjournment  closed  its 
labors  April  17,  1852.     The  other  amendments  were  rejected  by  the  people. 


New  Hampshire— 1792  2491 

(Ratified  in  1877)*  " 

Part  II.  Secs.  3,  5,  12.  16,  27,  28,  31,  33,  42,  GO,  and  66.  Strike  out 
the  words  "  every  year  ■'  and  insert  the  word  "  biennially." 

Part  11.  SEC.5.\\dd: 

'■^Provided,  That  the  general  court  shall  not  authorize  any  town  to 
loan  or  give  its  money  or  credit,  directly  or  indirectly,  for  the  benefit 
of  any  corporation  having  for  its  object  a  dividend  of  ])rofits,  or  in 
any  way  aid  the  same  by  taking  its  stock  or  bonds." 

Part  II.  Secs.  9,  10,  and  11.     Strike  out  these  sections,  and  insert: 

"  Sec.  9,  There  shall  be  in  the  legislature  of  the  State  a  representa- 
tion of  the  people,  biennially  elected,  and  founded  upon  the  principles 
of  equality ;  and  in  order  that  such  representation  may  be  as  equal  as 
circumstances  will  admit,  every  town  or  place  entitled  to  town  priv- 
ileges, and  wards  of  cities  having  six  hundred  inhabitants  bv  the  last 
general  census  of  the  State,  taken  by  authority  of  the  United  States 
or  of  this  State,  may  elect  one  representative;  if  eighteen  hundred 
such  inhabitants,  m^y  elect  two  representatives;  and  so  proceeding  in 
that  proportion,  making  twelve  hundred  such  inhabitants  the  mean 
increasing  number  for  an}'  additional  representative:  Prodded^  That 
no  town  shall  be  divided,  or  the  boundaries  of  the  wars  of  any  city  so 
altered,  as  to  increase  the  number  of  representatives  to  which  such 
town  or  city  may  be  entitled  by  the  next  preceding  census:  And  pro- 
vided further^  That  to  those  towns  and  cities  which  since  the  last  cen- 
sus have  been  divided,  or  had  their  boundaries  or  ward  lines  changed, 
the  general  court,  in  session  next  before  these  amendments  shall  take 
effect,  shall  equitably  ajiportion  rej)resentation  in  such  manner  that 
the  number  shall  not  be  greater  than  it  would  have  been  had  no  such 
division  or  alteration  been  made. 

"  Sec.  10.  Such  towns,  places,  and  wards  as  have  less  than  six  hun- 
dred inhabitants  shall  be  classed  by  the  general  court  for  the  purpose 
of  choosing  a  representative,  so  that  every  such  class  shall  contain  at 
least  six  hundred  inhabitants,  and  be  seasonably  notified  thereof; 
and  in  every  such  class  the  first  meeting  shall  be  held  in  the  town, 
place,  or  ward  wherein  most  of  the  inhabitants  reside,  and  afterAvards 
in  that  which  has  the  next  highest  number,  and  so  on,  biennially,  in 
rotation  through  the  several  towns,  places,  and  wards  forming  the 
district. 

"  Sec.  11.  \Mienever  any  town,  place,  or  city  ward  shall  have  less 
than  six  hundred  such  inhabitants,  and  be  so  situated  that  it  cannot 
conveniently  be  classed  with  any  other  toAvn,  place,  or  ward,  the 
general  court  may  authoi-ize  such  town,  place,  or  ward  to  elect  and 
send  to  the  general  court  such  proportionate  part  of  the  time  as  the 
number  of  its  inhabitants  shall  bear  to  six  hundred ;  but  the  general 
court  shall  not  authorize  any  town,  place,  or  ward  to  elect  and  send 
such  representative,  except  as  herein  provided." 

*  'riio  Constitution  of  Now  Hampshire  as  amended  by  the  Constitutional  Con- 
vention, licld  at  Concord,  the  first  Wednesday  of  December,  A.  I).  lS7(i,  etc. 
Fnl)lished  by  order  of  tlie  Convention,  1877.  Concord:  and  attested  as  a  cor- 
rect copy  l)y  .John  L.  lladley.  Secretary  of  State. 

.Tonrnal  of  the  Constitutional  Convention  of  the  State  of  New  Hampshire, 
Deceml)er,  1876.     Concord  :  Edward  A.  Jenks,  State  Printer.     1877.     pp.  280. 

a  These  amendments  were  framed  by  a  convention  which  met  at  Concord 
December  G,  187G,  and  closed  its  labors  December  16,  1876.  They  were  ratified 
by  the  people  March  13,  1877. 


2492  New  Hampshire — 1792 

Part  II.  Secs.  12,  28,  31,  42,  and  60.  Strike  out  the  word  "  March  " 
and  insert  "  November." 

Part  II.  Sec.  14.  Strike  out  the  words  "  shall  be  of  the  Protestant 
religion." 

Part  II.  Secs.  25,  26.  Strike  out  the  word  "  twelve "  and  insert 
the  word  "  twenty-four." 

Part  II.  Sec.  29.  Strike  out  the  words  "  who  is  not  of  the  Protes- 
tant religion." 

-  Part  II.  Sec.  37.  Strike  out  the  words  "  seven,"  "  eight,"  "  five," 
and  insert  the  words  "  thirteen,"  "  sixteen,"  "  ten." 

Part  II.  Sec.  42.  Strike  out  the  words  "  and  unless  he  shall  be  of 
the  Protestant  religion." 

Part  II.  Sec.  46.  Strike  out  the  words  "  solicitors,  all  sheriffs," 
"  registers  of  probate." 

Part  II.  Sec.  73.  Strike  out  the  word  "  president "  and  insert  the 
word  "  governor." 

Part  II.  Sec.  77.  Strike  out  the  words  "  four  pounds  "  and  insert 
the  words  "  one  hundred  dollars."  Strike  out  the  words  "  so  that  a 
trial  by  jury,  in  the  last  resort,  may  be  had." 

(Ratified  in  1889) 

Arts.  3,  25,  32,  33,  42,  43,  60,  66.  Strike  out  the  word  "  June  " 
wherever  it  occurs  in  these  articles  and  insert  the  word  "  January  " 
in  place  thereof. 

Arts.  10,  11.  Strike  out  these  Articles  and  insert  the  following: 

"Art.  10.  ^Alienever  any  town,  place,  or  city  ward  shall  have  less 
than  six  hundred  such  inhabitants,  the  General  Court  shall  authorize 
such  town,  place,  or  ward  to  elect  and  send  to  the  General  Court  a 
representative  such  proportionate  part  of  the  time  as  the  number  of 
its  inhabitants  shall  bear  to  six  hundred,  but  the  General  Court  shall 
not  authorize  any  such  town,  place,  or  ward  to  elect  and  send  such 
representative  except  as  herein  provided." 

Art.  15.  Strike  out  this  article  and  insert  the  following: 

"Art.  15.  The  presiding  officers  of  both  houses  of  the  Legislature 
shall  severally  receive  out  of  the  state  treasury,  as  compensation  in 
full  for  their^  services  for  the  term  elected,  the  sum  of  two  hundred 
and  fifty  dollars,  and  all  other  members  thereof,  seasonably  attending 
and  not  departing  without  license,  the  sum  of  two  hundred  dollars, 
exclusive  of  mileage;  'provided,  however,  that  when  a  special  session 
!-hall  be  called  by  the  governor,  such  officers  and  members  shall  receive 
for  attendance  an  additional  compensation  of  three  dollars  per  day, 
for  a  period  not  exceeding  fifteen  days,  and  the  usual  mileage." 

Art.  34.  Strike  out  all  after  the"  word  "State"  and  insert  the 
following : 

"All  vacancies  in  the  Senate  arising  by  death,  removal  out  of  the 
State,  or  otherwise,  except  from  failure  to  elect,  shall  be  filled  by  a 
new  election  by  the  people  of  the  district,  upon  the  requisition  of  the 
governor,  as  soon  as  may  be  after  such  vacancies  shall  happen." 

Art.  49.  Add  to  this  article  the  following  words : 

"  T\^ienever  the  chair,  both  of  the  governor  and  president  of  the 
Senate,  shall  become  vacant  by  reason  of  their  death,  absence  from 
the  State,  or  otherwise,  the  speaker  of  the  House  shall  during  such 
vacancies  have  and  exercise  all  the  powers  and  authorities  which  by 


New  Hampshire— 1792  2493 

this  Constitution  the  governor  is  vested  with  when  personally  pres- 
ent. But  when  the  speaker  of  the  House  shall  exercise  the  office  of 
governor,  he  shall  not  hold  his  office  in  the  House." 

(Ratified  in  1002) 

Part  II.  Art.  C.  The  public  charges  of  government  or  any  part 
thereof  may  be  raised  by  taxation  upon  polls,  estates,  and  other 
classes  of  ])roperty,  including  franchises  and  property  when  passing 
by  will  or  inheritance;  and  there  shall  be  a  valuation  of  the  estates 
within  the  state  taken  anew  once  in  every  five  years,  at  least,  and  as 
much  oftener  as  the  general  court  shall  order. 

Part  II.  xVrt.  11.  All  elections  ought  to  be  free;  and  every  inhabi- 
tant of  the  state,  having  the  proper  cpialifications,  has  equal  right  to 
elect  and  be  elected  into  office;  but  no  person  shall  have  the  right  to 
vote,  or  be  eligible  to  office  under  the  constitution  of  this  state,  who 
shall  not  be  able  to  read  the  constitution  in  the  English  language,  and 
to  Avrite,  pro  ruled,  however,  that  this  provision  shall  not  apply  to  any 
person  pre  vented  •  b}^  a  physical  disability  from  complying  with  its 
requisitions,  nor  to  an}''  person  who  now  has  the  right  to  vote,  nor  to 
anv  person  wdio  shall  be  sixty  years  of  age  or  upwards  on  the  first 
day  of  January,  A.  D.  1904. 

Part  IT.  Art.  47.  The  captains  and  subalterns  in  the  respective 
regiments  shall  be  nominated  and  recommended  by  the  field  officers 
to  the  governor,  who  is  to  issue  their  counnissions  immediately  on 
receipt  of  such  recommendation;  prodded,  that  no  person  shall  be  so 
nominated  and  recommended  untd  he  shall  have  been  examined  and 
found  duly  qualified  by  an  examining  board  appointed  by  the 
governor. 

Part  II.  Art.  82.  Knowledge  and  learning  generally  diffused 
through  a  community  being  essential  to  the  preservation  of  a  free 
govei'ument,  and  spreading  the  opjiortunities  and  advantages  of 
education  through  the  various  parts  of  the  country  being  highly  con- 
ducive to  promote  this  end,  it  shall  be  the  duty  of  the  legislators  and 
magistrates,  in  all  future  i)eriods  of  this  government,  to  cherish  the 
interest  of  literature  and  the  sciences,  and  all  seminaries  and  public 
schools;  to  encourage  private  and  public  institutions,  rewards,  and 
innnunities  for  the  promotion  of  agriculture,  arts,  sciences,  commerce, 
trades,  manufactures,  and  luitural  history  of  tiie  country;  to  coimte- 
nance  and  inculcate  the  principles  of  hunumity  and  general  benevo- 
lence, public  and  private  charity,  industry  and  economy,  honesty  and 
punctuality,  sincerity,  sobriety,  and  all  social  afi'ections  and  generous 
sentiments,  among  the  peoi)le;  proeided,  /ievertheh\s.s,  that  no  money 
raised  by  taxation  shall  ever  be  granted  or  applied  for  the  use  of  the 
schools  or  institutions  of  any  religious  sect  or  denomination.  Free 
and  fair  competition  in  the  trades  and  industries  is  an  inherent  and 
essential  right  of  the  people  and  should  be  protected  against  all 
monopolies  and  conspiracies  which  tend  to  hinder  or  destroy  it.  The 
size  and  functions  of  all  corporations  should  be  so  limited  and  regu- 
lated as  to  prohibit  fictitious  capitalization,  and  provision  should  be 
made  for  the  supervision  and  government  thereof: — Therefore,  all 
just  power  ppssessed  by  the  state  is  hereby  granted  to  the  general 
court  to  enact  laws  to  prevent  the  operations  within  the  state  of  all 
persons  and  associations,  and  all  trusts  and  corporations,  foreign  or 


2494  New  Hampshire — 1902 

domestic,  and  the  officers  thereof,  who  endeavor  to  raise  the  price  of 
any  article  of  commerce  or  to  destroy  free  and  fair  competition  in 
the  trades  and  industries  through  combination,  conspiracy,  monopoly, 
or  any  other  unfair  means;  to  control  and  regulate  the  acts  of  all 
such  persons,  associations,  corporations,  trusts,  and  officials  doing 
business  within  the  state;  to  prevent  fictitious  capitalization;  and  to 
authorize  civil  and  criminal  proceedings  in  respect  to  all  the  wrongs 
herein  declared  against. 


CONSTITUTION  OF  NEW  HAMPSHIRE— (Amended)   1902  * 

Part  First 

bill  of  rights 

Articxe  1.  All  men  are  born  equally  free  and  independent ;  there- 
fore all  government  of  right  originates  from  the  people,  is  founded 
in  consent,  and  instituted  for  the  general  good. 

Art.  2.  All  men  have  certain  natural,  essential,  and  inherent  rights, 
among  which  are  the  enjoying  and  defending  life  and  liberty,  acquir- 
ing, possessing,  and  protecting  property,  and,  in  a  word,  of  seeking 
and  obtaining  happiness. 

Art.  3.  '^^^Ien  men  enter  into  a  state  of  society  they  surrender  up 
some  of  their  natural  rights  to  that  society  in  order  to  insure  the  pro- 
tection of  others;  and,  without  such  an  equivalent,  the  surrender  is 
void. 

Art.  4.  Among  the  natural  rights,  some  are  in  their  very  nature 
unalienable,  because  no  equivalent  can  be  given  or  received  for  them. 
Of  this  kind  are  the  rights  of  conscience. 

Art.  5.  Every  individual  has  a  natural  and  unalienable  right  to 
worship  God  according  to  the  dictates  of  his  own  conscience  and 
reason;  and  no  subject  shall  be  hurt,  molested  or  restrained,  in  his 
person,  liberty  or  estate,  for  worshiping  God  in  the  manner  and 
season  most  agreeable  to  the  dictates  of  his  OAvn  conscience,  or  for  his 
religious  profession,  sentiments  or  persuasion,  provided  he  doth  not 
disturb  the  public  peace  or  disturb  others  In  their  religious  worship. 

Art.  ().  As  morality  and  piety,  rightly  grounded  on  evangelical 
principles,  will  give  the  best  and  greatest  security  to  government,  and 
will  lay  in  the  hearts  of  men  the  strongest  obligations  to  due  sub- 
jection^ and  as  the  knowledge  of  these  is  most  likely  to  be  propagated 
through  a  society  by  the  institution  of  the  public  worship  of  the 
Deity  and  of  public  instruction  in  morality  and  religion,  therefore, 
to  promote  these  important  purposes,  the  people  of  this  state  have  a 
right  to  empower,  and  do  hereby  fully  empower,  the  legislature  to 
authorize,  from  time  to  time,  the  several  towns,  parishes,  bodies  cor- 
porate, or  religious  societies  within  this  state  to  make  adequate  pro- 
vision, at  their  own  expense,  for  the  support  and  maintenance  of 
public  Protestant  teachers  of  piet3%  religion,  and  morality.  Provided^ 
noticithstanding^  that  the  several  towns,  parishes,  bodies  corporate  or 
religious  societies  shall  at  all  times  have  the  exclusive  right  of  electing 

*  Verified  from  official  copy  furnished  by  the  Secretary  of  State  of  New 
Hampshire,  March  29,  1907. — Editok.     See  "  List  of  Authorities." 


New  Hampshire — 1902  2495 

their  own  public  teachers,  and  of  contracting  with  them  for  their 
support  and  maintenance.  And  no  person  of  any  one  particidar 
religions  sect  or  denomination  shall  ever  be  compelled  to  pay  towards 
the  support  of  the  teacher  or  teachers  of  another  persuasion,  sect  or 
denomination.  And  every  denomination  of  Christians,  demeaning 
themselves  quietly  and  as  good  subjects  of  the  state,  shall  l)e  equally 
under  the  protection  of  the  law;  and  no  subordination  of  an}-  one 
sect  or  denomination  to  another  shall  ever  be  established  by  law. 
And  nothing  herein  shall  be  understood  to  affect  any  former  contracts 
made  for  the  support  of  the  ministry;  but  all  such  contracts  shall 
remain  and  be  in  the  same  state  as  if  this  constitution  had  not  been 
made. 

Art.  7.  The  people  of  this  state  have  the  sole  and  exclusive  right  of 
governing  themselves  as  a  free,  sovereign,  and  independent  state,  and 
do,  and  forever  hereafter  shall,  exercise  and  enjoy  every  power, 
jurisdiction,  and  right  pertaining  thereto  which  is  not  or  nuty  not 
hereafter  be  by  them  expressly  delegated  to  the  United  States  of 
America  in  congress  assembled. 

Art,  8.  All  power  residing  originally  in,  and  being  derived  from, 
the  people,  all  the  magistrates  and  officers  of  government  are  their 
substitutes  and  agents,  and  at  all  times  accountable  to  them. 

Art,  9,  Xo  office  or  place  whatsoever  in  government  shall  be  heredi- 
tary, the  abilities  and  integrity'  requisite  in  all  not  being  transmissible 
to  posterity  or  relations. 

Art,  10,  Government  being  instituted  for  the  common  benefit,  pro- 
tection, and  security  of  the  whole  community,  and  not  for  the  private 
interest  or  emolument  of  an}^  one  man,  family,  or  class  of  men,  there- 
fore, whenever  the  ends  of  government  are  perverted  and  public 
liberty  manifestly  endangered,  and  all  other  means  of  redress  are 
ineffectual,  the  people  may,  and  of  right  ought  to,  reform  the  old  or 
establish  a  new  government.  The  doctrine  of  non-resistance  against 
arbitrary  power  and  oppression  is  absurd,  slavish,  and  destructive  of 
the  good  and  happiness  of  mankind. 

Art.  11,  All  elections  ought  to  be  free;  and  every  inhabitant  of  the 
state,  having  the  proper  qualifications,  has  equal  right  to  elect  and  be 
elected  into  office;  but  no  person  shall  have  the  right  to  vote,  or  be 
eligible  to  office  under  the  constitution  of  this  state,  who  shall  not  be 
able  to  read  the  constitution  in  the  English  language,  and  to  write, 
prodded,  however,  that  this  provision  shall  not  apply  to  any  person 
prevented  b}^  a  physical  disability  from  coui})lying  with  its  re(piisi- 
tions,  nor  to  any  person  who  now  has  the  right  to  vote,  nor  to  any 
person  who  shall  be  sixtv  years  of  age  or  upwards  on  the  first  dav  of 
January,  A.  D.  1S)04. 

Art.  12.  Every  member  of  the  connnunity  has  a  right  to  be  pro- 
tected by  it  in  the  enjoyment  of  his  life,  liberty,  and  property.  Ho 
is,  therefore,  bound  to  contribute  his  share  in  the  expense  of  such  pro- 
tection, and  to  yield  his  personal  service,  when  necessary,  or  an 
equivalent.  But  no  part  of  a  man's  property  shall  be  taken  from  him 
or  ai)plied  to  public  uses  without  his  own  consent  or  that  of  the  repre- 
sentative body  of  the  people.  Nor  are  the  inhabitants  of  this  state 
controllable  by  any  other  laAvs  than  those  to  which  the}'  or  their 
representative  body  have  given  their  consent. 

Art.  13.  Xo  person  who  is  conscientiously  scrupulous  about  the 
lawfulness  of  bearing  arms  shall  be  compelled  thereto,  provided  he 
will  pay  an  equivalent. 


2496  New  Hampshire — 1902 

Art.  14.  Every  subject  of  this  state  is  entitled  to  a  certain  remedy, 
by  having  recourse  to  the  laws,  for  all  injuries  he  may  receive  in  his 
person,  pro^^erty,  or  character;  to  obtain  right  and  justice  freely, 
without  being  obliged  to  purchase  it;  completely  and  without  any 
denial ;  promptly,  and  without  delay ;  conformably  to  the  laws. 

Aet.  15.  No  subject  shall  be  held  to  answer  for  any  crime  or  offence 
until  the  same  is  fully  and  plainly,  substantially  and  formally,  de- 
scribed to  him,  or  be  compelled  to  accuse  or  furnish  evidence  against 
himself.  And  every  subject  shall  have  a  right  to  produce  all  proofs 
that  may  be  favorable  to  himself,  to  meet  the  witnesses  against  him 
face  to  face,  and  to  be  fully  heard  in  his  defense  by  himself  and 
counsel.  And  no  subject  shall  be  arrested,  imprisoned,  despoiled,  or 
dejDrived  of  his  propert}'^,  immunities,  or  privileges,  put  out  of  the 
j^rotection  of  the  law,  exiled  or  deprived  of  his  life,  liberty,  or  estate, 
but  b}^  the  judgment  of  his  peers  or  the  law  of  the  land. 

Art.  1G.  Xo  subject  shall  be  liable  to  be  tried,  after  an  acquittal, 
for  the  same  crime  or  offense;  nor  shall  the  legislature  make  any  law 
that  shall  subject  anv  person  to  a  capital  punislunent  (excepting  for 
the  government  of  the  army  and  nav}",  and  the  militia  in  actual  serv- 
ice) without  trial  by  jury. 

Art.  it.  In  criminal  ^prosecutions,  the  trial  of  facts  in  the  vicinity 
where  they  happen  is  so  essential  to  the  securit}^  of  the  life,  liberty, 
and  estate  of  the  citizen,  that  no  crime  or  offense  ought  to  be  tried  in 
any  other  count}^  than  that  in  which  it  is  committed,  except  in  cases 
of  general  insurrection  in  any  particular  county,  when  it  shall  appear 
to  the  judges  of  the  superior  court  that  an  impartial  trial  cannot  be 
had  in  the  county  where  the  offense  may  be  committed,  and,  upon 
their  report,  the  legislature  shall  think  proper  to"  direct  the  trial  in 
the  nearest  countv  in  which  an  impartial  trial  can  be  obtained. 

Art.  18.  All  penalties  ought  to  be  proportioned  to  the  nature  of 
the  offense.  No  Avise  legislature  will  affix  the  same  punishment  to  the 
crimes  of  theft,  forgery,  and  the  like,  which  they  do  to  those  of  mur- 
der and  treason.  Where  the  same  undistinguishing  severity  is  ex- 
erted against  all  offenses,  the  people  are  led  to  forget  the  real  distinc- 
tion in  the  crimes  themselves  and  to  commit  the  most  flagrant  with 
as  little  compunction  as  they  do  the  lightest  offenses.  For  the  same 
reason,  a  multitude  of  sanguinary  laws  is  both  impolitic  and  unjust, 
the  true  design  of  all  punishments  being  to  reform,  not  to  extermi- 
nate, mankind. 

Art.  19.  Every  subject  hath  a  right  to  be  secure  from  all  unreason- 
able searches  and  seizures  of  his  person,  his  houses,  his  papers,  and  all 
his  possessions.  Therefore,  all  warrants  to  search  suspected  places  or 
arrest  a  person  for  examination  or  trial,  in  prosecutions  for  criminal 
matters,  are  contrary  to  this  right,  if  the  cause  or  foundation  of  them 
be  not  previously  supported  b}^  oath  or  affirmation,  and  if  the  order, 
in  a  warrant  to  a  civil  officer,  to  make  search  in  suspected  places  or  to 
arrest  one  or  more  suspected  persons  or  to  seize  their  property,  be  not 
accompanied  with  a  special  designation  of  the  person  or  object  of 
search,  arrest,  or  seizure:  and  no  warrant  ought  to  be  issued  but  in 
cases  and  with  the  formalities  prescribed  by  law. 

Art.  20.  In  all  controversies  concerning  property  and  in  all  suits 
between  two  or  more  persons,  except  in  cases  in  which  it  has  been 
heretofore  otherwise  used  and  practiced,  and  except  in  cases  in  which 
the  value  in  controversy  does  not  exceed  one  hundred  dollars  and  title 


Xew  Hampshire — 1902  2497 

of  real  estate  is  not  concerned,  the  parties  have  a  rio;ht  to  trial  by 
jury;  and  this  method  of  procedure  shall  be  held  sacred,  unless,  in 
cases  arising  on  the  high  seas  and  such  as  relate  to  mariners'  wages, 
the  legislature  shall  think  it  necessary  hereafter  to  alter  it. 

Art.  21.  In  order  to  reap  the  fullest  advantage  of  the  inestimable 
privilege  of  trial  by  jury,  great  care  ought  to  be  taken  that  none  but 
qualified  persons  should  be  appointed  to  serve;  and  such  ought  to  be 
fully  compensated  for  their  travel,  time,  and  attendance. 

Art.  22.  The  liberty  of  the  press  is  essential  to  the  security  of  free- 
dom in  a  state ;  it  ought,  therefore,  to  be  inviolably  preserved. 

Art.  23.  Retrospective  laws  are  highly  injurious,  oppressive,  and 
unjust.  Xo  such  laws,  therefore,  should  be  made,  either  for  the  deci- 
sion of  civil  causes  or  the  punishment  of  ofl'enses. 

Art.  24.  A  well-regulated  militia  is  the  proper,  natural,  and  sure 
defense  of  a  state. 

Art.  25.  Standing  armies  are  dangerous  to  liberty,  and  ought  not 
to  be  raised  or  kept  up  without  the  consent  of  the  legislature. 

Art.  2G.  In  all  cases  and  at  all  times,  the  military  ought  to  be  under 
strict  subordination  to,  and  governed  by,  the  civil  power. 

Art.  27.  Xo  soldier,  in  time  of  peace,  shall  be  quartered  in  any 
house  without  the  consent  of  the  owner;  and,  in  time  of  war,  such 
quarters  ought  not  to  be  made  but  by  the  civil  magistrate,  in  a  man- 
ner ordained  by  the  legislature. 

Art.  28.  Xo  subsidy,  charge,  tax,  impost,  or  duty  shall  be  estab- 
lished, fixed,  laid,  or  levied,  under  any  pretext  whatsoever,  without 
the  consent  of  the  people  or  their  representatives  in  the  legislature,  or 
authority  derived  from  that  body. 

Art.  29.  The  power  of  suspending  the  laws  or  the  execution  of 
them  ought  never  to  be  exercised  but  by  the  legislature,  or  by  author- 
ity derived  therefrom,  to  be  exercised  in  such  particular  cases  only  as 
the  legislature  shall  expressly  provide  for. 

Art.  30.  The  freedom  of  deliberation,  speech,  and  debate  in  either 
house  of  the  legislature  is  so  essential  to  the  rights  of  the  people,  that 
it  cannot  be  the  foundation  of  any  action,  complaint,  or  i")rosecution  in 
any  other  court  or  place  whatsoever. 

Art.  31.  The  legislature  shall  assemble  for  the  redress  of  public 
grievances  and  for  making  such  laws  as  the  i:)ublic  good  may  inquire. 

Art.  32.  The  people  have  a  right,  in  an  orderly  and  peaceable  man- 
ner, to  assemble  and  consult  upon  the  common  good,  give  instructions 
to  their  rejiresentatives,  and  to  request  of  the  legislative  body,  by 
w^a.y  of  petition  or  remonstrance,  redress  of  the  wrongs  done  them, 
and  of  the  grievances  they  suffer. 

Art.  33.  Xo  magistrate  or  court  of  law  shall  demand  excessive  bail 
or  sureties,  impose  excessive  fines  or  inflict  cruel  or  unusual  pun- 
ishments. 

Art.  34.  Xo  person  can  in  any  case  be  subjected  to  law  martial  or 
to  any  pains  or  penalties  by  virtue  of  that  law,  except  those  employed 
in  the  army  or  navy,  and  except  the  militia  in  actual  service,  but  by 
authority  of  the  legislature. 

Art.  35.  It  is  essential  to  the  preservation  of  the  rights  of  every 
individual,  his  life,  liberty,  property,  and  character,  that  there  be 
an  impartial  interpretation  of  the  laws  and  administration  of  justice. 
It  is  the  right  of  every  citizen  to  be  tried  by  judges  as  imi:)artial  as 
the  lot  of  humanity  will  admit.  It  is,  therefore,  not  only  the  best 
7253— VOL  3—07 43 


2498  New  Hampshire — 1902 

policj^,  but  for  the  security  of  the  rights  of  the  people,  that  the  judges 
of  the  supreme  judicial  court  should  hold  their  offices  so  long  as  they 
behave  well,  subject,  however,  to  such  limitations  on  account  of  age 
as  may  be  provided  by  the  constitution  of  the  state;  and  that  they 
should  have  honorable  salaries,  ascertained  and  established  by  stand- 
ing laws. 

Art.  36,  Economy  being  a  most  essential  virtue  in  all  states,  es- 
pecially in  a  young  one,  no  pension  should  be  granted  but  in  consider- 
ation of  actual  services;  and  such  pensions  ought  to  be  granted  with 
great  caution  by  the  legislature,  and  never  for  more  than  one  year  at  a 
time. 

Art.  37.  In  the  government  of  this  state,  the  three  essential  powers 
thereof — to  wit,  the  legislative,  executive,  and  judicial — ought  to  be 
kept  as  separate  from,  and  independent  of,  each  other  as  the  nature 
of  a  free  government  will  admit  or  as  is  consistent  with  that  chain 
of  connection  that  binds  the  whole  fabric  of  the  constitution  in  one 
indissoluble  bond  of  union  and  amity. 

Art.  38.  A  frequent  recurrence  to  the  fundamental  principles  of 
the  constitution  and  a  constant  adherence  to  justice,  moderation,  tem- 
perance, industry,  frugality,  and  all  the  social  virtues,  are  indispen- 
sably necessary  to  preserve  the  blessings  of  libert}'  and  good  govern- 
ment. The  people  ought,  therefore,  to  have  a  particular  regard  to 
all  those  principles  in  the  choice  of  their  officers  and  representatives; 
and  they  have  a  right  to  require  of  their  lawgivers  and  magistrates 
an  exact  and  constant  observance  of  them  in  the  formation  and  exe- 
cution of  the  laws  necessary  for  the  good  administration  of  gov- 
ernment. 

Part  Second 

FORM  or  government 

Article  1.  The  people  inhabiting  the  territory  formerly  called  The 
Province  of  Xew  Hampshire  do  hereby  solemnly  and  mutually  agree 
with  each  other  to  form  themselves  into  a  free,  sovereign,  and  inde- 
pendent body  politic,  or  state,  by  the  name  of  The  State  or  Xew^ 
Hampshire. 

general  court 

Art.  2.  The  supreme  legislative  power  within  this  state  shall  be 
vested  in  the  senate  and  house  of  representatives,  each  of  which  shall 
have  a  negative  on  the  other. 

Art.  3.  The  senate  and  house  shall  assemble  biennially,  on  the  first 
"Wednesday  of  January  and  at  such  other  times  as  they  may  judge 
necessary,  and  shall  dissolve  and  be  dissolved  seven  days  next  preced- 
ing the  said  first  Wednesday  of  January  biennially,  and  shall  be 
styled  The  General  Court  of  Xew  Hampshire. 

'Art.  4.  The  general  court  shall  forever  have  full  power  and  au- 
thority to  erect  and  constitute  judicatories  and  courts  of  record  or 
other  courts,  to  be  holden  in  the  name  of  the  state,  for  the  hearing, 
trying,  and  determining  all  manner  of  crimes,  offenses,  pleas,  proc- 
esses, plaints,  actijons,  causes,  matters,  and  things  whatsoever,  aris- 
ing or  happening  within  this  state,  or  between  or  concerning  persons 


New  Hampshire  — 1902  2499 

inhabiting,  or  residing,  or  brought  within  the  same,  or  whether  the 
same  be  criminal  or  civil,  or  whether  the  crimes  be  capital  or  not 
capital,  and  whether  the  said  pleas  be  real,  personal,  or  mixed,  and 
for  the  awarding  and  issuing  execution  thereon;  to  which  courts  and 
judicatories  are  hereby  given  and  granted  full  power  and  authority, 
from  time  to  time,  to  administer  oaths  or  affirmations  for  the  better 
discovery  of  truth  in  an}'  matter  in  controversy  or  depending  before 
them. 

Art.  5.  And,  further,  full  power  and  authority  are  hereby  given 
and  granted  to  the  said  general  court,  from  time  to  time  to  make, 
ordain,  and  establish  all  manner  of  wholesome  and  reasonable  orders, 
laws,  statutes,  ordinances,  directions,  and  instructions,  either  with 
penalties  or  without,  so  as  the  same  be  not  repugnant  or  contrary  to 
this  constitutijon,  as  they  may  judge  for  the  benefit  and  welfare  of 
this  state  and  for  the  governing  and  ordering  thereof  and  of  the  sub- 
jects of  the  same,  for  the  necessary  support  and  defense  of  the  gov- 
ernment thereof;  and  to  name  and  settle  biennially,  or  provide  l)y 
fixed  laws  for  the  naming  and  settling  all  civil  officers  within  this 
state,  such  officers  excepted  the  election  and  appointment  of  whom 
are  hereafter  in  this  form  of  government  otherwise  provided  for; 
and  to  set  forth  the  several  duties,  powers,  and  limits  of  the  several 
civil  and  military  officers  of  this  state,  and  the  forms  of  such  oaths 
or  affirmations  as  shall  be  respective!}^  administered  unto  them  for  the 
execution  of  their  several  offices  and  places,  so  as  the  same  be  not  re- 
pugnant or  contrary  to  this  constitution ;  and,  also,  to  impose  fines, 
mulcts,  imprisonments,  and  other  punishments;  and  to  impose  and 
levy  proportional  and  reasonable  assessments,  rates,  and  taxes  upon 
all  the  inhabitants  of,  and  residents  within,  the  said  state,  and  upon 
all  estates  within  the  same,  to  be  issued  and  disposed  of  by  warrant, 
under  the  hand  of  the  governor  of  this  state  for  the  time  being,  with 
the  advice  and  consent  of  the  council,  for  the  })ublic  service,  in  the 
necessary  defense  and  support  of  the  government  of  this  state  and 
the  protection  and  jn-eservation  of  the  subjects  thereof,  according  to 
such  acts  as  are  or  shall  be  in  force  within  the  same.  Prorided^  that 
the  general  court  shall  not  authorize  any  town  to  loan  or  give  its 
money  or  credit,  directly  or  indirectly,  for  the  benefit  of  any  corpora- 
tion having  for  its  object  a  dividend  of  jDrofits,  or  in  any  way  aid  the 
same  by  taking  its  stock  or  bonds. 

Akt.  (■).  The  ])ublic  charges  of  government  or  any  part  thereof  may 
be  raised  by  taxation  u])on  polls,  estates,  and  other  classes  of  prop- 
erty, including  franchises  and  property  when  jiassing  by  will  or 
inheritance;  and  there  shall  be  a  valuation  of  the  estates  within  the 
state  taken  anew  once  in  every  five  years,  at  least,  and  as  much 
oftener  as  the  general  court  shall  order. 

Art.  7.  No  member  of  the  general  court  shall  take  fees,  be  of  coun- 
sel or  act  as  advocate  in  any  cause  before  either  bi-anch  of  (he  legis- 
lature; and,  upon  due  proof  thereof,  such  membcM-  shall  forfeit  his 
seat  in  the  legislature. 

Art.  8.  The  doors  of  the  galleries  of  each  house  of  the  legislature 
shall  be  kept  open  to  all  persons  who  behave  decently,  except  when 
the  welfare  of  the  state,  in  the  opinion  of  either  branch,  shall  require 
secrecy. 


2500  New  Hampshire — 1902 

HOUSE   or  EEPRESENTATIVES 

Art.  0.  There  shall  be,  in  the  legislature  of  this  state,  a  representa- 
tion of  the  people,  bienniall}^  elected,  and  founded  upon  principles 
of  equality,  and,  in  order  that  such  re^jresentation  may  be  as  equal 
as  circumstances  will  admit,  every  town,  or  place  entitled  to  town 
privileges,  and  wards  of  cities  having  six  hundred  inhabitants  by 
the  last  general  census  of  the  state,  taken  by  authorit}''  of  the  United 
States  or  of  this  state,  may  elect  one  representative;  if  eighteen 
hundred  such  inhabitants,  may  elect  two  representatives;  and  so 
proceeding  in  that  proportion,  making  twelve  hundred  such  inhabit- 
ants the  mean  increasing  number  for  any  additional  representative : 
provided,  that  no  town  shall  be  divided  or  the  boundaries  of  the 
wards  of  any  city  so  altered  as  to  increase  the  number  of  repre- 
sentatives to  which  such  town  or  city  may  be  entitled  by  the  next  pre- 
ceding census;  and  provided  further^  that,  to  those  towns  and  cities 
which  since  the  last  census  have  been  divided  or  had  their  boundaries 
or  ward  lines  changed,  the  general  court,  in  session  next  before  these 
amendments  shall  take  effect,  shall  equitably  apportion  representation 
in  such  manner  that  the  number  shall  not  be  greater  than  it  would 
have  been  had  no  such  division  or  alteration  been  made. 

Art.  10.  A^"henever  any  town,  place,  or  city  ward  shall  have  less 
than  six  hundred  such  inhabitants,  the  general  court  shall  authorize 
such  town,  place  or  ward  to  elect  and  send  to  the  general  court  a 
representative  such  proportionate  part  of  the  time  as  the  number  of 
its  inhabitants  shall  bear  to  six  hundred ;  but  the  general  court  shall 
not  authorize  any  such  town,  place  or  ward  to  elect  and  send  such 
representative,  except  as  herein  provided. 

Art.  11.  The  members  of  the.  house  of  representatives  shall  be 
chosen  biennially,  in  the  month  of  November,  and  shall  be  the  second 
branch  of  the  legislature. 

Art.  12.  All  persons  qualified  to  vote  in  the  election  of  senators 
shall  be  entitled  to  vote,  within  the  district  where  they  dwell,  in  the 
choice  of  representatives. 

Art.  13.  E^'ery  member  of  the  house  of  representatives  shall  be 
chosen  by  ballot,  and,  for  two  years,  at  least,  next  preceding  his 
election,  shall  have  been  an  inhabitant  of  this  state;  shall  be,  at  the 
time  of  his  election,  an  inhabitant  of  the  town,  parish,  or  place  he 
may  be  chosen  to  represent ;  and  shall  cease  to  represent  such  town, 
parish,  or  place  immediately  on  his  ceasing  to  be  qualified  as  afore- 
said. 

Art.  14.  The  presiding  officers  of  both  houses  of  the  legislature 
shall  severally  receive  out  of  the  state  treasury  as  compensation  in 
full  for  their  services,  for  the  term  elected,  the  sum  of  two  hundred 
and  fifty  dollars,  and  all  other  members  thereof  seasonably  attending 
and  not  departing  without  license,  the  sum  of  tAvo  hundred  dollars, 
exclusive  of  mileage :  provided^  lioxvever^  that  when  a  special  session 
shall  be  called  by  the  governor,  such  officers  and  members  shall  re- 
ceive for  attendance  an  additional  compensation  of  three  dollars  per 
day  for  a  period  not  exceeding  fifteen  days,  and  the  usual  mileage. 

Art.  15.  All  intermediate  vacancies  in  the  house  of  representatives 
may  be  filled  up  from  time  to  time  in  the  same  manner  as  biennial 
elections  are  made. 


M 


New  Hampshire — 1902  2501 

Art.  16.  The  house  of  representatives  shall  be  the  grand  inquest 
of  the  state,  and  all  impeachments  made  b}^  them  shall  be  heard  and 
tried  by  the  senate. 

Art.  17.  All  money  bills  shall  originate  in  the  house  of  repre- 
sentatives, but  the  senate  may  i)ropose  or  concur  with  amendments, 
as  on  other  bills. 

Art.  18.  The  house  of  representatives  shall  have  power  to  adjourn 
themselves,  but  no  longer  than  two  days  at  a  time. 

Art.  11).  A  majority  of 'the  members  of  the  house  of  representatives 
shall  be  a  quorum  for  doing  business,  but,  when  less  than, two  thirds 
of  the  representatives  elected  shall  be  present,  the  assent  of  two  thirds 
of  those  members  shall  be  necessary  to  render  their  acts  and  proceed- 
ings valid. 

Art.  20.  No  member  of  the  house  of  representatives  or  senate  shall 
be  arrested  or  held  to  bail  on  mesne  process  during  his  going  to, 
returning  from,  or  attendance  upon,  the  court. 

Art.  21.  The  house  of  representatives  shall  choose  their  own 
speaker,  appoint  their  own  officers,  and  settle  the  rules  of  proceedings 
in  their  own  house,  and  shall  be  judge  of  the  returns,  elections,  and 
qualifications  of  its  members,  as  pointed  out  in  this  constitution. 
They  shall  have  authority  to  pimish  by  imprisonment  every  person 
who  shall  be  guilty  oi  disrespect  to  the  house,  in  its  presence,  by  any 
disorderly  and  contemptuous  behavior,  or  by  threatening  or  ill 
treating  any  of  its  members,  or  by  obstructing  its  deliberations;  every 
person  guilty  of  a  breach  of  its  privileges  in  making  arrests  for  debt, 
or  by  assaulting  any  member  during  his  attendance  at  any  session; 
in  assaulting  or  disturbing  au}^  one  of  its  officers  in  the  execution  of 
any  order  or  procedure  of  the  house;  in  assaidting  any  witness  or 
other  person  ordered  to  attend  by,  and  during  his  attendance  of,  the 
house,  or  in  rescuring  any  person  arrested  by  order  of  the  house, 
knowing  them  to  be  such. 

Art.  22.  The  senate,  governor,  and  council  shall  have  the  same 
powers  in  like  cases,  provided,  that  no  imprisonment  by  either  for 
any  otfense  exceed  ten  days. 

Art.  2?).  The  journals  of  the  proceedings  and  all  public  acts  of  both 
houses  of  the  legislature  shall  be  printed  and  published  immediately 
after  every  adjournment  or  prorogation,  and,  upon  motion  made  by 
any  one  member,  the  yeas  and  nays  upon  any  question  shall  be  entered 
on  the  journal,  and  any  member  of  the  senate  or  house  of  representa- 
tives shall  have  a  right,  on  motion  made  at  the  time  for  that  purpose, 
to  have  his  protest  or  dissent,  with  the  I'easons,  against  an}^  vote, 
resolve,  or  bill  passed,  entered  on  tlie  journal. 

SENATE 

Art.  24.  The  senate  shall  consist  of  twenty-four  members,  who  shall 
hold  their  office  for  two  years  from  the  first  Wednesday  of  January 
next  ensuing  their  election. 

Art.  25.  And,  that  the  state  may  be  equally  re]3resented  in  the  sen- 
ate, the  legislature  shall,  from  time  to  time,  divide  the  state  into 
twenty-four  districts,  as  nearly  equal  as  may  be  without  dividing 
towns  and  iiniucorporaled  places;  and,  in  making  this  division,  they 
shall  govern  themselves  by  the  proportion  of  direct  taxes  paid  by  the 


2502  New  Hampshire — 1902 

said  districts,  and  timely  make  known  to  the  inhabitants  of  the  state 
the  limits  of  each  district. 

Art.  26.  The  free  holders  and  other  inhabitants  of  each  district, 
qualified  as  in  this  constitution  is  provided,  shall,  biennially  give  in 
their  votes  for  a  senator  at  some  meeting  holden  in  the  month  of 
November. 

Art.  27.  The  senate  shall  be  the  first  branch  of  the  legislature,  and 
the  senators  shall  be  chosen  in  the  following  manner,  viz. :  every  male 
inhabitant  of  each  town,  and  parish  with  town  privileges,  and  places 
unincorporated,  in  this  state,  of  twenty-one  years  of  age  and  upward, 
excepting  paupers  and  persons  excused  from  paying  taxes  at  their 
own  request,  shall  have  a  right,  at  the  biennial  or  other  meetings  of 
the  inhabitants  of  said  towns  and  parishes,  to  be  duly  warned  and 
holden  biennially,  foreA^er.  in  the  month  of  November,  to  vote,  in  the 
town  or  parish  wherein  he  dwells,  for  the  senator  in  the  district 
whereof  he  is  a  member. 

Art.  28,  PTomded^  nevertheless^  that  no  person  shall  be  capable  of 
being  elected  a  senator  who  is  not  of  the  age  of  thirty  years,  and  who 
shall  not  have  been  an  inhabitant  of  this  state  for  seven  years  imme- 
diately preceding  his  election;  and,  at  the  time  thereof,  he  shall  be  an 
inhabitant  of  the  district  for  which  he  shall  be  chosen. 

Art.  29.  And  every  person  qualified  as  the  constitution  provides 
shall  be  considered  an  inhabitant,  for  the  purpose  of  electing  and 
being  elected  into  any  office  or  ]^lace  within  this  state,  in  the  town, 
parish,  and  plantation  where  he  dAvelleth  and  hath  his  home. 

Art^  30.  And  the  inhabitants  of  plantations  and  places  unincor- 
porated, qualified  as  this  constitution  provides,  who  are  or  shall  be 
required  to  assess  taxes  upon  themselves  towards  the  support  of  gOA'- 
ernment,  or  shall  be  taxed  therefor,  shall  have  the  same  privilege  of 
voting  for  senators,  in  the  plantations  and  places  wherein  they 
reside,  as  the  inhabitants  of  the  respective  towns  and  parishes  afore- 
said have.  And  the  meetings  of  such  plantations  and  places,  for  that 
purpose,  shall  be  holden  biennially  in  the  month  of  November,  at 
such  places  respectively  therein  as  the  assessors  thereof  shall  direct; 
which  assessors  shall  have  like  authority  for  notifying  the  electors, 
collecting  and  returning  the  votes,  as  the  selectmen  and  town  clerks 
have  in  their  several  towns  by  this  constitution. 

Art.  31.  The  meetings  for  the  choice  of  governor,  council,  and 
senators  shall  be  warned  by  warrant  from  the  selectmen,  and  gov- 
erned by  a  moderator,  who  shall,  in  the  presence  of  the  selectmen 
(whose  duty  it  shall  be  to  attend),  in  open  meeting,  receive  the  votes 
of  all  the  iiihabitants  of  such  towns  and  parishes  present  and  quali- 
fied to  vote  for  senators;  and  shall,  in  said  meetings,  in  presence 
of  the  said  selectmen  and  of  the  town  clerk  in  said  meetings,  sort  and 
count  the  said  votes,  and  make  a  public  declaration  thereof,  with  the 
name  of  every  person  voted  for  and  the  number  of  votes  for  each 
person;  and  the  town  clerk  shall  make  a  fair  record  of  the  same,  at 
large,  in  the  town  book,  and  shall  make  out  a  fair  attested  copy 
thereof,  to  be  by  him  sealed  up  and  directed  to  the  secretary  of  the 
state,  with  a  suJDerscription  expressing  the  purport  thereof ;  and  the 
said  town  clerk  shall  cause  such  attested  copy  to  be  delivered  to  the 
sheriff  of  the  county  in  which  said  town  or  parish  shall  lie  thirty 
days,  at  least,  before  the  first  AYednesday  of  January,  or  to  the 


New  Hampshire— 1902  2503 

secretary  of  the  state  at  least  twenty  days  before  the  said  first 
Wednesday  of  January;  and  the  sheriti'  of  each  county  or  his  deputy 
shall  deliver  all  such  certificates  by  him  received  into  the  secretar3^'s 
office  at  least  twenty  days  before  the  first  AA'^ednesday  of  January. 

Art.  82.  And,  that  there  may  be  a  due  meeting  of  senators  on  the 
first  Wednesday  of  January,  biennially,  the  governor  and  a  majority 
of  the  council  for  the  time  being  shall,  as  soon  as  may  be,  examine 
the  returned  copies  of  such  records,  and,  fourteen  days  before  the 
first  Wednesday  of  January,  he  shall  issue  his  summons  to  such 
persons  as  appear  to  be  chosen  senators  by  a  majority  of  votes  to 
attend  and  take  their  seats  on  that  day:  provided^  nevertheless^  that, 
for  the  first  year,  the  said  returned  copies  shall  be  examined  by  the 
president  and  a  majoritj^  of  the  council  then  in  office;  and  the  said 
president  shall,  in  like  manner,  notify  the  persons  elected  to  attend 
and  take  their  seats  accordingly. 

Art.  33.  And  in  case  there  shall  not  appear  to  be  a  senator  elected 
by  a  majority  of  votes  for  any  district,  the  deficiency  shall  be  sup- 
plied in  the  following  manner,  viz. :  the  members  of  the  house  of 
representatives  and  such  senators  as  shall  be  declared  elected  shall 
take  the  names  of  the  two  persons  having  the  highest  number  of 
votes  in  the  district,  and  out  of  them  shall  elect,  by  joint  ballot,  the 
senator  Avanted  for  such  district ;  and,  in  this  manner,  all  such  vacan- 
cies shall  be  filled  up  in  every  district  of  the  state;  all  vacancies  in 
the  senate  arising  by  death,  removal  out  of  the  state,  or  otherwise, 
except  from  failure  to  elect,  shall  be  filled  by  a  new  election  by  the 
people  of  the  district,  upon  the  requisition  of  the  governor,  as  soon 
as  may  l)e  after  such  vacancies  shall  happen. 

Art.  34.  The  senate  shall  be  final  judges  of  the  elections,  returns, 
and  (jualifications  of  their  own  members,  as  pointed  out  in  this 
constitution. 

Art.  35.  The  senate  shall  have  power  to  adjourn  themselves,  pro- 
vided such  adjournment  do  not  exceed  two  days  at  a  time:  pro- 
rided,  nerertheless,  that,  whenever  they  shall  sit  on  the  trial  of 
any  impeachment,  they  may  adjourn  to  such  time  and  place  as  they 
may  think  ])roper,  although  the  legislature  be  not  assembled  on  such 
day  or  at  such  place. 

Art.  3(').  The  senate  shall  appoint  their  president  and  other 
officers,  and  delermine  their  own  rules  of  proceedings.  And  not  less 
than  thirteen  members  of  the  senate  shall  make  a  quorum  for  doing 
business;  and,  wlien  less  than  sixteen  senators  shall  be  present,  the 
assent  of  ten,  at  least,  shall  be  necessary  to  render  their  acts  and  pro- 
ceedings valid. 

Art.  37.  The  senate  shall  be  a  court,  with  full  power  and  authority 
to  hear,  trv,  and  detei-mine  all  impeachments  made  by  tiie  house  of 
rejiiesentatives  against  any  officer  or  officers  of  tlie  state,  for  bribery, 
c()n'u])lion,  malpractice,  or  maladministration  in  office,  with  full 
power  to  issue  sunnnons  or  compulsory  process  for  convening  wit- 
nesses before  them;  but,  previous  to  tlie  ti-ial  of  any  such  impeach- 
inent,  the  members  of  the  senate  shall  respectively  be  sworn  truly  and 
impartially  to  try  and  determine  the  charge  in  question  according 
to  evidence.  And  every  oflicer  impeached  for  l)ribery,  corrui^tion, 
nuili)ractice,  or  maladuiiuislration  in  office  shall  be  served  with  an 
attested  copy  of  the  impeaclunent  and  order  of  senate  thereon,  with 


2504  New  Hampshire — 1902 

such  citation  as  the  senate  may  direct,  setting  forth  the  time  and 
place  of  their  sitting  to  tr^-  the  impeachment ;  which  service  shall  be 
made  b}^  the  sheriti'  or  such  other  sworn  officer  as  the  senate  may 
api:)oint,  at  least  fourteen  days  iDrevious  to  the  time  of  trial;  and, 
such  citation  being  duly  served  and  returned,  the  senate  may  pro- 
ceed in  the  hearing  of  the  impeachment,  giving  the  person  impeached, 
if  he  shall  appear,  full  liberty  of  producing  witnesses  and  proofs  and 
of  making  his  defense  by  himself  and  counsel;  and  may  also,  upon 
his  refusing  or  neglecting  to  appear,  hear  the  proofs  in  support  of 
the  impeachment,  and  render  judgment  thereon,  his  non-appearance 
notwithstanding;  and  such  judgment  shall  have  the  same  force  and 
effect  as  if  the  person  impeached  had  appeared  and  pleaded  in  the 
trial. 

Art.  38.  Their  judgment,  however,  shall  not  extend  further  than 
removal  from  office,  disqualification  to  hold  or  enjoy  any  place  of 
honor,  trust,  or  profit  under  this  state;  but  the  party  so  convicted 
shal,  nevertheless,  be  liable  to  indictment,  trial,  judgment,  and  pun- 
ishment, according  to  the  laws  of  the  land. 

Art.  39.  Whenever  the  governor  shall  be  impeached,  the  chief 
justice  of  the  supreme  judicial  court  shall,  during  the  trial,  preside 
in  the  senate,  but  have  no  vote  therein. 

EXECUTIVE   POWER — GO^'ERNOR 

Art.  40.  There  shall  be  a  supreme  executive  magistrate,  who  shall 
be  styled  Governor  of  the  State  of  New  Hampshire,  and  whose  title 
shall  be  His  ExceUency. 

Art.  41.  The  governor  shall  be  chosen  biennially,  in  the  month  of 
November,  and  the  votes  for  governor  shall  be  received,  sorted, 
counted,  certified,  and  returned  in  the  same  manner  as  the  votes  for 
senators;  and  the  secretary  shall  lay  the  same  before  the  senate  and 
house  of  representatives  on  the  first  Wednesday  of  January,  to  be  by 
them  examined;  and,  in  case  of  an  election  by  a  majority  of  votes 
through  the  state,  the  choice  shall  be  bv  them  declared  and  published; 
and  the  qualifications  of  electors  of  the  governor  shall  be  the  same  as 
those  for  senators;  and,  if  no  person  shall  have  a  majority  of  votes, 
the  senate  and  house  of  representatives  shall,  by  a  joint  ballot,  elect 
one  of  the  two  persons  having  the  highest  nimiber  of  votes,  who  shall 
be  declared  governor.  And  no  person  shall  be  eligible  to  this  office 
unless,  at  the  time  of  his  election,  he  shall  have  been  an  inhabitant 
of  this  state  for  seven  years  next  preceding,  and  unless  he  shall  be  of 
the  age  of  thirty  years. 

Art.  42.  In  cases  of  disagreement  between  the  two  houses  with 
regard  to  the  time  or  place  of  adjournment  or  j^rorogation,  the  gov- 
ernor, with  advice  of  council,  shall  have  the  right  to  adjourn  or 
prorogue  the  general  court,  not  exceeding  ninety  days  at  any  one 
time,  as  he  may  determine  the  public  good  may  require ;  and  he  shall 
dissolve  the  same  seven  days  before  the  said  first  Wednesday  of 
January.  And,  in  case  of  any  infectious  distemper  prevailing  in 
the  place  where  the  said  court  at  any  time  is  to  convene,  or  any  other 
cause  whereby  dangers  may  arise  to  the  health  or  lives  of  the  members 
from  their  attendance,  the  governor  ma}'-  direct  the  session  to  be 
holden  at  some  other,  the  most  convenient,  place  within  the  state. 


New  Hampshire — 1902  2505 

Art.  43.  Every  bill  "which  shall  have  passed  both  houses  of  the 
general  court  shall,  before  it  becomes  a  law.  be  pre>eiitecl  to  the 
governor;  if  he  approve,  he  shall  sign  it,  but  if  not.  he  ^hall  return 
it,  with  his  objections,  to  that  house  in  which  it  shall  have  originated, 
who  shall  enter  the  objections  at  large  on  their  journal  and  proceed 
to  reconsider  it.  If,  after  such  reconsideration,  two  thirds  of  that 
house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  such 
objections,  to  the  other  house.  l)y  Avhich  it  shall  likewise  be  recon- 
siclered;  and,  if  approved  by  two  thirds  of  that  house,  it  shall  become 
a  law.  But,  in  all  such  cases,  the  votes  of  both  houses  shall  be  deter- 
mined by  yeas  and  nays,  and  the  names  of  the  persons  voting  for  or 
against  the  bill  shall  be  entered  on  the  journal  of  each  house  respec- 
tively. If  any  bill  shall  not  be  returned  by  the  governor  within  five 
days  (Sundays  excepted)  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  law  in  like  manner  as  if  he  had  signed  it,  unless 
the  legislature,  by  their  adjournment,  prevent  its  return,  in  which 
case  it  shall  not  be  a  law. 

Art.  44.  Every  resolve  shall  be  presented  to  the  governor,  and, 
before  the  same  shall  take  effect,  shall  be  approved  by  him,  or.  being 
disapproved  by  him,  shall  be  repassed  by  the  senate  and  house  of 
representatives,  according  to  the  rules  and  limitations  prescribed  in 
the  case  of  a  bill. 

Art.  45.  All  judicial  officers,  the  attorney-general,  coroners,  antl  all 
officers  of  tlie  navy  and  general  and  field  officers  of  the  militia,  shall 
be  nominated  and  apj)ointed  by  the  governor  and  council ;  and  every 
such  nomination  shall  be  made  at  least  three  days  prior  to  such  ap- 
pointment ;  and  no  appointment  shall  take  place  unless  a  majority 
of  the  council  agree  thereto. 

Art.  40.  The  governor  and  council  shall  have  a  negative  on  each 
other,  both  in  the  nominations  and  appointments.  Every  nomination 
and  appointment  shall  be  signed  by  the  governor  and  council,  and 
every  negative  shall  be  also  signed  by  the  governor  or  council  who 
made  the  same. 

Art.  47.  The  captains  and  subalterns  in  the  respective  regiments 
shall  be  nominated  and  recommended  by  the  field  officers  to  the  gov- 
ernor, who  is  to  issue  their  commissions  innnediately  on  receipt  of 
such  recommendation;  provided,  that  no  person  shall  be  so  nominated 
and  recommended  until  he  shall  have  been  examined  and  found  duly 
qualified  by  an  examining  board  aj)iiointed  by  the  governor. 

Art.  48.  AMienever  the  chair  of  the  governor  shall  become  vacant, 
by  reason  of  his  death,  absence  from  the  state,  or  otherwise,  the  jiresi- 
dent  of  the  senate  shall,  during  such  vacancy,  have  and  exercise  all 
the  powers  and  authorities,  which,  by  this  constitution,  the  governor 
is  vested  with  when  jjcrsonally  present:  but,  when  the  jn-esideut  of  the 
senate  shall  exercise  the  office  of  governor,  he  shall  not  hoKl  his  office 
in  the  senate.  "Whenever  the  chair  both  of  the  governor  and  of  the 
president  of  the  senate  shall  become  vacant,  by  reason  of  their  death, 
absence  from  the  state,  or  otherwise,  the  sj)eaker  of  the  house  shall, 
during  such  vacancies,  have  and  exercise  all  the  ])owers  and  authori- 
ties which,  by  this  constitution,  the  governor  is  vested  with  when  per- 
soiudly  i)resent :  but  when  the  speaker  of  the  house  shall  exercise  the 
office  of  governor,  lie  shall  not  hold  his  office  in  the  house. 

Art.  49.  The  governor,  with  advice  of  council,  shall  have  full 
power  and  authority,  in  recess  of  the  general  court,  to  prorogue  the 


2506  New  Hampshire — 1902 

same  from  time  to  time,  not  exceeding  ninety  days  in  any  one  recess 
of  said  court;  and,  during  the  sessions  of  said  court,  to  adjoui'n  or 
prorogue  it  to  any  time  the  two  houses  may  desire;  and  to  call  it 
together  sooner  than  the  time  to  which  it  may  l)e  adjourned  or  pro- 
rogued, if  the  welfare  of  the  state  should  recjuire  the  same. 

Art.  50.  The  governor  of  this  state,  for  the  time  being,  shall  be 
commander-in-chief  of  the  army  and  navy  and  all  the  military  forces 
of  the  state  by  sea  and  land ;  and  shall  have  f idl  power,  by  himself 
or  by  any  chief  commander  or  other  officer  or  officers,  from  time  to 
time  to  train,  instruct,  exercise,  and  govern  the  militia  and  navy;  and 
for  the  special  defense  and  safety  of  this  state,  to  assemble  in  martial 
array  and  put  in  warlike  posture  the  inhabitants  thereof,  and  to  lead 
and  conduct  them,  and  with  them  to  encounter,  repulse,  repel,  resist, 
and  pursue  b}^  force  of  arms,  as  well  by  sea  as  by  land,  -within  and 
without  the  limits  of  this  state;  and  also  to  kill,  slay,  destro}',  if  neces- 
sary, and  conquer,  by  all  fitting  ways,  enterprise,  and  means,  all  and 
every  such  person  and  persons  as  shall  at  any  time  hereafter,  in  a 
hostile  manner,  attempt  or  enterprise  the  destruction,  invasion,  de- 
triment or  annoyance  of  this  state;  and  to  use  and  exercise  over  the 
army  and  navy  and  over  the  militia  in  actual  service  the  law  martial, 
in  time  of  w^ar,  invasion,  and  also  in  rebellion  declared  by  the  legis- 
lature to  exist,  as  occasion  shall  necessarih'  require ;  and  surprise,  bj^ 
all  ways  and  means  whatsoever,  all  and  every  such  person  or  persons, 
with  their  shij^s,  arms,  ammunition,  and  other  goods,  as  shall,  in  a 
hostile  manner,  invade,  or  attempt  the  invading,  conquering,  or  annoy- 
ing this  state;  and,  in  fine,  the  governor  hereby  is  intrusted  with  all 
other  2:)owers  incident  to  the  office  of  captain-general  and  commander- 
in-chief  and  admiral,  to  be  exercised  agreeably  to  the  rules  and  regu- 
lations of  the  constitution  and  laws  of  the  land,  prockled,  that  the 
governor  shall  not  at  any  time  hereafter,  by  virtue  of  any  power  by 
this  constitution  granted,  or  hereafter  to  be  granted  to  him  by  the 
legislature,  transport  any  of  the  inhabitants  of  this  state  or  oblige 
them  to  march  out  of  the  limits  of  the  same  Avithout  their  free  and 
voluntary  consent  or  the  consent  of  the  general  court,  nor  grant  com- 
missions for  exercising  the  law  martial  in  any  case  without  the 
advice  and  consent  of  the  council. 

Art.  51.  The  power  of  pardoning  oft'enses,  except  such  as  persons 
may  be  convicted  of  before  the  senate,  by  impeachment  of  the  house, 
shall  be  in  the  governor,  by  and  wath  the  advice  of  council;  but  no 
('barter  of  pardon,  granted  by  the  governor,  Avith  advice  of  council, 
before  conviction,  shall  avail  the  party  pleading  the  same,  notAvith- 
standing  any  general  or  particular  expressions  contained  therein, 
descriptiA^e  of  the  offense  or  offenses  intended  to  be  pardoned. 

Art.  52.  No  officer,  duly  commissioned  to  command  in  the  militia, 
shall  be  remoA'ed  from  his  office  but  by  the  address  of  both  houses  to 
the  goA'ernor  or  by  fair  trial  in  court-martial  pursuant  to  the  laAVs  of 
the  state  for  the  time  being. 

Art.  53.  The  commanding  officers  of  the  regiments  shall  appoint 
their  adjutants  and  quartermasters;  the  brigadiers,  their  brigade- 
majors;  the  major-generals,  their  aids;  the  captains  and  subalterns, 
their  non-commissioned  officers. 

Art.  54.  The  division  of  the  militia  into  brigades,  regiments,  and 
companies,  made  in  pursuance  of  the  militia  hiAvs  noAv  in  force,  shall 


New  Hampshire — 1902  2507 

be  considered  as  the  proper  division  of  the  militia  of  this  state,  until 
the  same  shall  be  altered  by  some  future  law. 

Art.  55.  No  moneys  shall  be  issued  out  of  the  treasury  of  this  state 
and  disposed  of  (except  such  sums  as  may  be  appropriated  for  the 
redemption  of  bills  of  credit  or  treasurer's  notes,  or  for  the  payment 
of  interest  arising  thereon)  but  by  warrant  under  the  hand  of  the 
governor  for  the  time  being,  by  and  with  the  advice  and  consent  of 
the  council,  for  the  necessary  support  and  defense  of  this  state  and  for 
the  necessary  protection  and  preservation  of  the  inhabitants  thereof, 
agreeably  to  the  acts  and  resolves  of  the  general  court. 

Art.  ^)(S.  All  ])ublic  boards,  the  commissary-geiieral,  all  superin- 
tending officers  of  public  magazines  and  stores  belonging  to  this  state, 
and  all  commanding  officers  of  forts  and  garrisons  within  the  same 
shall,  once  in  every  three  months,  officially  and  without  requisition, 
and  at  other  times  Avhen  required  by  the  governor,  deliver  to  him  an 
account  of  all  goods,  stores,  provisions,  amnnmition.  cannon  with  their 
appendages,  and  all  small  arms  with  their  accoutrements,  and  all 
other  public  property  under  their  care  respectively,  tlistinguishing 
the  quantity  and  kind  of  each  as  particularly  as  may  be,  together  with 
the  condition  of  such  forts  and  garrisons.  And  the  connnanding  offi- 
cer shall  exhibit  to  the  governor,  when  required  by  him,  true  and 
exact  plans  of  such  forts,  and  of  the  land  and  sea.  or  harbor  or  har- 
bors adjacent. 

Art.  5T.  The  governor  and  council  shall  be  compensated  for  their 
services,  from  time  to  time,  by  such  grants  as  the  general  court  shall 
think  reasonable. 

Art.  58.  Permanent  and  honorable  salaries  shall  be  established  by 
law  for  the  justices  of  the  superior  court. 

COUNCIL 

Art.  59.  There  shall  be  biennially  elected  by  ballot  five  councilors, 
for  advising  the  governor  in  the  executive  part  of  government.  The 
free  holders  and  other  inhabitants  in  each  countyT  qualified  to  vote 
for  senators,  shall,  some  time  in  the  month  of  November,  give  in  their 
votes  for  one  councilor,  which  votes  shall  be  received,  sorted,  counted, 
cei'tified,  and  returned  to  the  secretary's  office,  in  the  same  manner  as 
the  votes  for  senators,  to  be  by  the  secretary  laid  before  the  senate 
and  house  of  representatives  on  the  first  AVednesday  of  January. 

Art.  00.  And  the  person  having  a  majority  of  votes  in  any  county 
shall  be  considered  as  duly  elected  a  councilor;  but.  if  no  person  shall 
have  a  majority  of  votes  in  any  county,  the  senate  and  house  of  repre- 
sentatives shall  take  the  names  of  the  two  persons  Avho  have  the 
highest  numlx'r  of  votes  in  each  county  and  not  elected,  and  out  of 
those  two  shall  elect.  l)y  joint  Ixillot,  the  councilor  wanted  for  the 
county;  and  the  <|ualifications  for  councilors  shall  be  the  same  as  for 
senator. 

Art.  61.  If  any  person  thus  chosen  a  councilor  shall  be  elected 
governor  or  member  of  either  branch  of  the  legislature  and  shall 
accept  the  trust,  or  if  any  person  elected  a  councilor  shall  refuse  to 
accept  the  office,  or  in  case  of  the  death,  resignation,  or  removal  of 
any  councilor  out  of  the  state,  the  governor  may  issue  a  precept  for 
the  election  of  a  new  councilor  in  that  county  where  such  vacancy 


2508  New  Hampshire — lf)02 

!-hall  happen:  and  the  choice  shall  be  in  the  same  manner  as  before 
directed;  and  the  governor  shall  have  full  power  and  authority  to 
convene  the  council,  from  time  to  time,  at  his  discretion ;  and  with 
them  or  the  majority  of  them,  may  and  shall,  from  time  to  time,  hold 
a  council  for  ordering  and  directing  the  affairs  of  the  state,  according 
to  the  laws  of  the  land. 

Art.  62.  The  members  of  the  council  may  be  impeached  by  the  house 
and  tried  by  the  senate  for  bribery,  corruption,  malpractice,  or  mal- 
administration. 

Art.  63.  The  resolutions  and  advice  of  the  council  shall  be  recorded 
by  the  secretary  in  a  register,  and  signed  by  all  the  members  present 
agreeing  thereto :  and  this  record  may  be  called  for  at  any  time  by 
either  house  of  the  legislature;  and  any  member  of  the  council  may 
enter  his  opinion  contrary  to  the  resolution  of  the  majoritv,  with  the 
reasons  for  such  opinion. 

Art.  64.  The  legislature  may,  if  the  public  good  shall  hereafter 
require  it,  divide  the  state  into  five  districts,  as  nearly  equal  as  may 
be,  governing  themselves  by  the  number  of  ratable  polls  and  propor- 
tion of  public  taxes,  each  district  to  elect  a  councilor;  and,  in  case 
of  such  division,  the  manner  of  the  choice  shall  be  conformable  to 
the  present  mode  of  election  in  counties. 

Art.  65.  And,  whereas  the  elections  appointed  to  be  made  by  this 
constitution  on  the  first  Wednesday  of  January  biennially,  by  the 
two  houses  of  the  legislature,  may  not  be  completed  on  that  day.  the 
said  elections  may  be  adjourned  from  day  to  day  until  the  same  be 
completed.  And  the  order  of  the  elections  shall  be  as  follows:  The 
vacancies  in  the  senate,  if  an}',  shall  be  first  filled  up;  the  governor 
shall  then  be  elected,  provided  there  shall  be  no  choice  of  him  by  the 
people;  and  afterwards,  the  two  houses  shall  proceed  to  fill  up  the 
vacancy,  if  any,  in  the  council 

SECRETARY,    TREASURER,    COMMISSARY-GENERAL,   ETC 

Art.  66.  The  secretary,  treasurer,  and  commissary -general  shall 
be  chosen  by  joint  ballot  of  the  senators  and  representative",  as- 
sembled in  one  room. 

Art.  67.  The  records  of  the  state  shall  be  kept  in  the  office  of  the 
secretary;  and  he  shall  attend  the  governor  and  council,  the  senate 
and  representatives,  in  person  or  by  deputy,  as  they  may  require. 

Art.  68.  The  secretary  of  the  state  shall  at  all  times  have  a  deputy, 
to  be  b}'  him  appointed,  for  whose  conduct  in  office  he  shall  be  res- 
ponsible: and,  in  case  of  the  death,  removal,  or  inability  of  the  sec- 
retary, his  deputy  shall  exercise  all  the  duties  of  the  office  of  secre- 
tary of  this  state  until  another  shall  be  appointed. 

Art.  69.  The  secretary,  before  he  enters  upon  the  business  of  his 
office,  shall  give  bond,  with  sufficient  sureties,  in  a  reasonable  sinn, 
for  the  use  of  the  state,  for  the  punctual  performance  of  his  trust. 

COUNTY   TREASURERS,   ETC. 

Art.  to.  The  county  treasurers,  registers  of  probate,  solicitors, 
sheriffs,  and  registers  of  deeds  shall  be  elected  by  the  inhabitants  of 
the  several  towns  in  the  several  counties  in  the  state,  according  to  the 


New  Hampshire — 1902  2509 

method  now  practiced  and  the  h\ws  of  the  state;  pvomded,  no'erthe- 
less,  the  legislature  shall  have  authority  to  alter  the  manner  of  certi- 
fying the  votes  and  the  made  of  electino-  those  otlicers.  but  not  so  as 
to  deprive  the  people  of  the  right  they  now  have  of  electing  theni. 

Art.  71.  And  the  legislature,  on  the  application  of  the  majoj-  part 
of  the  inhabitants  of  any  county,  shall  have  authority  to  divide  the 
same  into  two  districts  for  registering  deeds,  if  to  them  it  shall  appear 
necessary,  each  district  to  elect  a  register  of  deeds;  and,  bcfoi-e  they 
enter  upon  the  business  of  their  offices,  shall  be  respectively  sworn 
faithfully  to  discharge  the  duties  thereof,  and  shall  severally  give 
bond,  with  sufficient  sureties,  in  a  reasonable  sum.  for  the  use  of  the 
county,  for  the  punctual  performance  of  their  respective  trusts. 

JUDICIARY    POWER 

Art.  72.  The  tenure  that  all  commissioned  officers  shall  have  b}' 
law  in  their  offices  shall  be  expressed  in  their  respective  commissions. 
All  judicial  officers,  duly  appointed,  commissioned,  and  sworn,  shall 
liold  their  offices  during  good  l)ehavior,  excepting  those  concerning 
whom  there  is  a  diHerent  provision  made  in  this  constitution;  pro- 
ridcd^  nerertlielexs.  the  governor,  with  consent  of  council,  may  remove 
them  u]K)n  the  address  of  both  houses  of  the  legislature. 

Art.  7H.  P^ach  branch  of  the  legislature,  as  well  as  the  governor  an-l 
council,  shall  have  authority  to  require  the  opinions  of  the  justices 
of  the  superior  court  upon  inij^ortant  questions  of  law  and  upon 
-^olenni  occasions. 

Art.  74.  In  order  that  the  people  may  not  suU'er  from  the  long 
continuance  in  j)lace  of  any  justice  of  the  j)eace  who  shall  fail  in 
discharging  the  important  duties  of  his  office  with  al)ility  and  fidelity, 
all  conunissions  of  justices  of  the  peace  shall  become  void  at  the  expi- 
ration of  five  years  from  their  respective  dates;  and  upon  the  expira- 
tion of  any  commission,  the  same  may,  if  necessary,  be  renewed, 
or  another  person  appointed,  as  shall  most  conduce  to  the  Avell  being 
of  the  state. 

Art.  75.  All  causes  of  marriage,  divorce,  and  alimony,  and  all 
appeals  from  the  respective  judges  of  i)robate.  shall  be  heard  and 
tried  by  the  sujierior  court,  until  the  legislature  shall  by  law  make 
other  provision. 

Art.  7(>.  The  general  coui-t  are  empowered  to  give  to  justices  of 
the  peace  jurisdiction  in  civil  causes,  when  the  damages  demanded 
shall  not  exceed  one  hundred  dollars  and  title  of  real  estate  is  not  con- 
cerned, but  with  right  of  apj^eal  to  either  party  to  some  other  court. 

Art.  77.  No  person  shall  hold  the  office  of  judge  of  any  court,  or 
judge  of  probate,  or  sheriff  of  any  county,  after  he  has  attained  the 
age  of  seventy  years. 

Art.  78.  Xo  judge  of  any  court  or  justice  of  the  ]ieace  shall  act  as 
attorney,  or  be  of  couusel  to  any  party,  or  originate  any  civil  suit. 
in  matters  which  shall  come  or  be  i)rought  before  him  as  judge  or 
justice  of  the  peace. 

Art.  79.  All  matters  relating  to  the  proi)ate  of  wills  and  granting 
letters  of  administration  shall  be  exercised  by  the  judges  of  jirobate 
in  such  manner  as  the  legislature  have  directed  or  may  hereafter 
direct;  and  the  judges  of  probate  shall  hold  their  courts  at  such  place 


2510  New  Hampshire — 1902 

or  places,  on  such  fixed  days  as  the  conveniency  of  the  people  may 
require  and  the  legislature  from  time  to  time  appoint. 

Art.  80.  No  judge  or  register  of  probate  shall  be  of  counsel,  act  as 
advocate,  or  receive  any  fees  as  advocate  or  counsel,  in  any  probate 
business  which  is  jiending"  or  may  be  brought  into  any  court  of  pro- 
bate in  the  count}^  of  which  he  is  judge  or  register. 

CLERKS    OF    COURTS 

Art.  81.  The  judges  of  the  courts  (those  of  probate  excepted)  shall 
appoint  their  resjoective  clerks,  to  hold  their  office  during  pleasure; 
and  no  such  clerk  shall  act  as  an  attorney  or  be  of  counsel  in  any 
cause  in  the  court  of  Avhich  he  is  a  clerk,  nor  shall  he  draw  any  writ 
originating  a  civil  action. 

ENCOURAGEMENT   OF   LITERATURE,    ETC. 

Art.  82.  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  promote 
this  end,  it  shall  be  the  duty  of  the  legislators  and  magistrates,  in 
all  future  periods  of  this  government,  to  cherish  the  interest  of  lit- 
erature and  the  sciences,  and  all  seminaries  and  public  schools;  to 
encourage  private  and  public  institutions,  rewards,  and  immunities 
for  the  promotion  of  agriculture,  arts,  sciences,  commerce,  trades, 
manufactures,  and  natural  history,  of  the  country;  to  countenance 
and  inculcate  the  principles  of  humanity  and  general  benevolence, 
public  and  private  charity,  industry  and  economy,  honesty  and  punc- 
tuality, sincerity,  sobriety,  and  all  social  affections  and  generous  senti- 
ments, among  the  people ;  provided,  nerertlieless,  that  no  money  raised 
by  taxation  shall  ever  be  granted  or  applied  for  the  use  of  the  schools 
or  institutions  of  any  religious  sect  or  denomination.  Free  and  fair 
competition  in  the  trades  and  industries  is  an  inherent  and  essential 
right  of  the  people  and  should  be  protected  against  all  monopolies 
and  conspiracies  which  tend  to  hinder  or  destroy  it.  The  size  and 
functions  of  all  corporations  should  be  so  limited  and  regulated  as  to 
prohibit  fictitious  capitalization,  and  provision  should  be  made  for 
the  supervision  and  government  thereof: — Therefore,  all  just  power 
possessed  by  the  state  is  hereby  granted  to  the  general  court' to  enact 
laws  to  prevent  the  operations  within  the  state  of  all  persons  and 
dissociations,  and  all  trusts  and  corporations,  foreign  and  domestic, 
and  the  officers  thereof,  Avho  endeavor  to  raise  the  price  of  any  article 
of  commerce  or  to  destroy  free  and  fair  competition  In  the  trades 
and  industries  through  combination,  conspiracy,  monopoly,  or  any 
other  unfair  means;  to  control  and  regulate  the  acts  of  all  such  per- 
sons, associations,  corporations,  trusts,  and  officials  doing  business 
within  the  state;  to  prevent  fictitious  capitalization:  and  to  authorize 
civil  and  criminal  proceedings  in  respect  to  all  the  wrongs  herein 
declared  against. 


New  Hampshire — 1902  2511 

OATHS  AND  SUBSCRIPTIONS. EXCLUSION  FROM  OFFICES. COMMISSIONS. 

WRITS. CONFIK.^IATION    OF    LAWS. HABEAS    CORPUS. THE    ENACTING 

STYLE. CONTINUANCE   OF   OFFICERS. PROVISION    FOR   A   FUTURE   REVI- 
SION  OF  THE  CONSTITUTION. ETC. 

Art.  83.  Any  person  chosen  oovernor,  councilor,  senator,  or  repre- 
sentative, military  or  civil  officer  (town  officers  excepted),  accepting 
the  trust,  shall,  before  he  proceeds  to  execute  the  duties  of  his  office, 
make  and  subscribe  the  following  declarations,  viz.: — 

I,  A  B,  do  solemnly  swear  that  I  will  bear  faith  and  true  allegiance 
to  the  state  of  New  Hampshire  and  will  support  the  constitution 
thereof.     So  help  me  (uxl. 

I,  A  13.  do  solemnly  and  sincerely  swear  and  affirm  that  I  will  faith- 
fully and  impartially  discharge  and  perform  all  the  duties  incumbent 

on  me  as  ,  according  to  the  best  of  my  abilities,  agreeably  to 

the  rules  and  regulations  of  this  constitution  and  the  laws  of  the 
state  of  New  Hampshire.     So  help  me  God. 

Any  person  having  taken  and  subscribed  the  oath  of  allegiance,  and 
ihe  same  being  filed  in  the  secretary's  office,  he  shall  not  be  obliged  to 
take  said  oath  agaiu. 

Pi'or')de<h  <dti-(tys.^  when  any  person  chosen  or  appointed  as  afore- 
said shall  be  of  the  denouiination  called  Quakers,  or  shall  be  scrupu- 
lous of  swearing  and  shall  decline  taking  the  said  oaths,  such  jKn'son 
shall  take  and  subscribe  them,  omitting  the  word  "  sirear,^''  and  like- 
wise the  words  ^'  So  lielp  me  God^^  subjoining  instead  thereof,  ^'This 
I  do  inule?'  the  pains  and  penalties  of  perjury.'''' 

Art.  84.  And  the  oaths  or  affirmations  shall  be  taken  and  sul)scribed 
by  the  governor,  before  the  president  of  the  senate,  in  presence  of 
both  houses  of  the  legislature:  and  by  the  senators  and  representa- 
tives 11 1st  elected  under  this  constitution,  as  altered  and  amended, 
before  the  i)resident  of  the  state  and  a  majority  of  the  council  then  in 
office,  and  forever  afterward  before  the  governor  and  council  for  the 
time  being;  and  by  all  other  officers,  before  such  persons  and  in  such 
manner  as  the  legislature  shall  from  time  to  time  appoint. 

Art.  85.  All  connnissions  shall  be  in  the  name  of  the  state  of  New 
Hampshire,  signed  by  the  governor,  and  attested  by  the  secretary  or 
his  deputy,  and  shall  have  the  great  seal  of  the  state  affixed  thereto. 

Art.  8().  All  writs  issuing  out  of  the  clerk's  office,  in  any  of  the 
courts  of  law,  shall  be  in  the  name  of  the  state  of  New  Hampshire, 
shall  be  under  the  seal  of  the  court  whence  they  issue,  and  bear  teste 
of  the  chief,  hrst  or  senior  justice  of  the  court;  but,  when  such  jus- 
tice shall  be  interested,  then  the  writ  shall  bear  teste  of  some  other 
justice  of  the  court,  to  which  the  same  shall  be  returnable;  and  be 
signed  by  the  clerk  of  such  court. 

Art.  ST.  All  indictments,  presentments,  and  information  shall  con- 
clude, "  against  the  peace  and  dic/nify  of  the  state.'''' 

Art.  iSS.  The  estate  of  such  persons  as  may  destroy  their  own  lives 
shall  not  for  that  ofl'ense  be  forfeited,  but  descend  or  ascend  in  the 
same  manner  as  if  such  jiersons  had  died  in  a  natui'al  way.  Nor  shall 
any  article  which  shall  accidentally  occasion  the  death  of  any  person 
be  henceforth  deemed  a  deodand,  or  in  any  wise  forfeited  on  account 
of  such  misfortune. 


2512  New  Hampshire — 1902 

Art.  89.  All  the  laws  which  have  heretofore  been  adopted,  used, 
and  approved  in  the  province,  colony,  or  state  of  New  Hampshire, 
and  nsuall}^  j)racticed  on  in  the  courts  of  law,  shall  remain  and  be  in 
full  force  until  altered  and  repealed  by  the  legislature,  such  parts 
thereof  only  excepted  as  are  repugnant  to  the  rights  and  liberties 
contained  in  this  constitution;  prodded^  that  nothing  herein  con- 
tained, when  compared  with  the  twenty-third  article  in  the  bill  of 
rights,  shall  be  construed  to  atl'ect  the  laws  already  made  respecting 
the  persons  or  estates  of  absentees. 

Art.  90.  The  privilege  and  benefit  of  the  haheas  corpus  shall  be 
enjoj'ed  in  this  state  in  the  most  free,  easy,  cheap,  expeditious,  and 
ample  manner,  and  shall  not  be  suspended  by  the  legislature  except 
upon  the  most  urgent  and  pressing  occasions,  and  for  a  time  not 
exceeding  three  months. 

Art.  91.  The  enacting  style,  in  making  and  passing  acts,  statutes, 
and  laws,  shall  be.  Be  it  enacted  hy  the  senate  and  house  of  repre- 
sentatives in  general  court  convened. 

Art.  92.  Xo  governor  or  judge  of  the  suj^reme  judicial  court  shall 
hold  any  office  or  place  under  the  authority  of  this  state,  except  such 
as  by  this  constitution  they  are  admitted  to  hold,  saving  that  the 
judges  of  the  said  court  may  hold  the  offices  of  justices  of  the  peace 
throughout  the  state;  nor  shall  they  hold  any  place  or  office  or 
receive  any  pension  or  salar}?^  from  any  other  state,  government,  or 
power  whatever. 

Art.  93.  No  person  shall  be  capable  of  exercising  at  the  same  time 
more  than  one  of  the  following  offices  within  this  state,  viz. :  judge  of 
probate,  sheriif ,  register  of  deeds ;  and  never  more  than  two  offices  of 
profit,  which  may  be  held  by  appointment  of  the  governor,  or  gov- 
ernor and  council,  or  senate  and  house  of  representatives,  or  superior 
or  inferior  courts,  military  offices  and  offices  of  justices  of  the  peace 
excepted. 

Art.  94.  No  person  holding  the  office  of  judge  of  any  court  (except 
special  judges),  secretary,  treasurer  of  the  state,  attorney-general, 
commissary-general,  military  officers  receiving  pa}^  from  the  conti- 
nent or  this  state  (excepting  officers  of  the  militia  occasionally 
called  forth  on  an  emergency),  register  of  deeds,  sheriif,  or  officers 
of  the  customs,  including  naval  officers,  collectors  of  excise  and  state 
and  continental  taxes  hereafter  appointed,  and  not  having  settled 
their  accounts  with  the  respective  officers  with  whom  it  is  their  duty 
to  settle  such  accounts,  members  of  congress,  or  any  person  holding 
any  office  under  the  United  States,  shall  at  the  same  time  hold  the 
office  of  governor,  or  have  a  seat  in  the  senate  or  house  of  representa- 
tives or  council ;  but  his  being  chosen  and  a]:)pointed  to  and  accepting 
the  same  shall  operate  as  a  resignation  of  their  seat  in  the  chair, 
senate,  or  house  of  representatives,  or  council,  and  the  place  so  vacated 
shall  be  filled  up.  No  member  of  the  council  shall  have  a  seat  in  the 
senate  or  house  of  representatives. 

Art.  95.  No  person  shall  ever  be  admitted  to  hold  a  seat  in  the 
legislature,  or  any  office  of  trust  or  importance  under  this  govern- 
ment, who,  in  the  due  course  of  law,  has  been  convicted  of  bribery 
or  corruption  in  obtaining  an  election  or  appointment. 

Art.  96.  In  all  cases  where  sums  of  money  are  mentioned  in  this 
constitution,  the  value  thereof  shall  be  computed  in  silver  at  six 
shillings  and  eight  pence  per  ounce. 


New  Hampshire — 1902  2513 

Art.  97.  To  the  end  that  there  may  be  no  faihiiv  of  justice  or 
danger  to  the  state  by  the  alterations  and  aniendnienls  made  in  the 
constitution,  the  trcneral  court  is  hereby  fully  authorized  and  directed 
to  fix  the  time  when  the  alterations  and  anRMulmcnts  shall  take 
effect,  and  make  the  necessary  arran^^ements  ace()rdin<rly. 

Art.  98.  It  shall  be  the  duty  of  the  selectmen  and  assessors  of  the 
several  towns  and  places  in  this  state,  in  warniufj;  the  first  amiual 
meetings  for  the  clioice  of  senators,  after  the  expiration  of 'seven 
years  from  the  adoption  of  this  constitution  as  amended,  to  insert 
exi)ressly  in  the  warrant  this  purpose  amon<r  the  others  for  the  meet- 
ing', to  wit:  to  take  the  sense  of  the  qualified  voters  on  the  subject 
of  a  revision  of  the  consitution;  and.  the  meeting  being  warned 
accordingly,  and  not  otherwise,  the  moderator  shall  take  the  sense 
of  the  qualified  voters  present  as  to  the  necessity  of  a  revision;  and  a 
return  of  the  ninnber  of  votes  for  and  against  such  necessity  shall 
be  made  by  the  clerks,  sealed  up  and  directed  to  the  general  court 
at  their  then  next  session;  and  if  it  shall  appear  to  the  general  court 
by  such  return  that  the  sense  of  the  people  of  the  state  has  been 
taken,  and  that,  in  the  opinion  of  a  majority  of  the  qualified  voters 
in  the  state  present  and  voting  at  said  meetings,  there  is  a  necessity 
for  a  revision  of  the  constitution,  it  shall  be  the  duty  of  the  general 
court  to  call  a  convention  for  that  purpose:  otherwise  the  general 
court  shall  direct  the  sense  of  the  people  to  be  taken,  and  then  pi'o- 
ceed  in  the  maimer  before  mentioned:  the  delegates  to  be  chosen  in 
the  same  manner  and  jiroportioned  as  the  representatives  to  the 
general  court:  j/rorided,  that  no  alterations  shall  be  made  in  this 
constitution  before  the  same  shall  be  laid  before  the  towns  and  unin- 
corporated places  and  apjiroxed  by  two  thii-ds  of  the  (lualified  \-otej-s 
present  and  voting  on  the  sul)ject. 

Art.  99.  And  the  same  method  of  taking  the  sense  of  (he  people 
as  to  a  revision  of  the  constitution,  and  calling  a  convention  for  that 
purpose,  shall  be  observed  afterward,  at  the  exjiiration  of  exci-y  -e\en 
years. 

Art.  100.  This  form  of  government  shall  be  enrolled  on  parch- 
ment and  deposited  in  the  secretary's  office,  and  be  a  part  of  the  laws 
of  the  land,  and  i)rinted  copies  thereof  shall  be  ])refixed  to  the  books 
containing  the  laws  of  this  state  in  all  future  editions  thereof. 


A  BIBLIOGRAPHICAL  OUTLINE 

All  the  territory  cojitained  within  the  jiresent  boundaries  of  (he 
State  of  New  Hampshire  lies  between  the  4()th  and  Isth  parallels  of 
latitude.  It  was  included  in  the  limits  which  appear  in  the  patent 
of  James  I.  to  the  Council  of  Plymouth  in  the  County  of  Devon  of 
date  Nov.  3,  Ki'JO,  constituting  them  a  corporation  for  the  "  Planta- 
tion ruling  and  govei-ning"  of  (his  territory  under  the  name  ()f  (he 
Colony  of  New  Kngland.  The  Council  (d'  Plymouth  in  (he  County 
of  Devon  exercised  its  powei's  during  a  •i)eriod  of  lifteen  years  and 
was  dissolved  in  1035.     In  the  instrument  which  contained  the  speci- 

"  rritical  note  l).v  Hen.  A.  S.  Il.-itcliellnr.  KdUor  nf  N<>w  Ilamiislilre  State 
Papers,  on  tho  constitiitieiial  l)asis  of  the  successive  govenuneuts  of  New  llanii>- 
shiro  in  tlie  Colonial  |)erio»l. 

7253— VOL  3—07 i4 


2514  New  Hampshire— 1620— 1776 

fication  of  the  powers  of  the  Council  the  King  recognized  the  rights 
of  Englishmen  in  the  following  terms : — 

"  We  do  for  us  our  heirs  and  successors  declare  bv  these  presents 
that  all  and  every  the  persons  being  our  subjects,  that  which  shall 
go  and  inhabit  Avithin  the  said  Colony,  and  plantation,  and  every  of 
their  children  and  their  posterity  which  shall  happen  to  be  born 
within  the  limits  thereof,  shall  have  and  enjoy  all  liberties  and  fran- 
chises and  Immunities  of  free  denizens  and  Xatural  subjects,  within 
any  of  our  other  Dominions  to  all  Intents  and  purposes,  as  if  they 
hacl  been  abiding  and  born  within  this  our  Kingdom  of  England, 
or  any  other  of  our  Dominions  ''.  Poore's  Charters  and  Constitu- 
tions Vol.  I.    Title— Massachusetts,  p.  930 ;  Id.  29  X.  H.  State  Papers, 

The  Powers  of  GoA^ernment  committed  to  this  Council  were  in 
part  described  in  the  following  extracts  from  the  Charter: — 

''  We  do  by  these  presents  give  &  grant  full  poAver  &  Authority 
unto  the  said  Councel,  that  the  Said  Councel  &  their  Successors,  for 
the  time  being  or  the  greatest  part  of  them,  shall  &  may  from  time 
to  time  nomimite  make  Constitute  &  Confirm  by  such  Xame  or  Xames 
stile  or  Stiles  as  to  them  shall  seem  good  &.  like  wise  to  revoke  dis- 
charge Change  &  alter,  as  well  all  &  singuler  Governors  officers  & 
Ministers  which  hereafter  shall  be  by  them  thought  fit  &  needfull 
to  be  made  or  used  as  well  to  attend  the  buisness  of  the  said  Company 
here  as  for  the  GoA'ernment  of  the  Said  Collony  &  plantations,  and 
also  to  make  ordain  &  Establish  all  manner  of  orders  Laws  Directions 
Instructions  formes  &  Cerimonies  of  Government  &  jNIagistrycy  fit 
&  Xessessary  for  &  Concerning  the  Government  of  the  said  Collony 
&  Plantation  so  always  that  the  same  be  not  Contrary  to  the  Laws  & 
Statutes  of  this  our  realm  of  England  &  the  same  at  all  times  hear- 
after  to  abrogate  revoke  or  Change  not  only  within  the  presinct  of 
said  Collony  but  also  upon  the  seas  in  going  and  Coming  to  &  from 
the  said  Collony  as  they  in  their  good  discressions  shall  think  to  be 
fitest  for  the  good  of  the  adventurers  &  Inhabitants  there,  and  we 
do  further  of  our  especial  Grace  Certain  Knowledge  &  meer  motion 
Grant  declare  &  Ordain  that  such  principle  Government  as  from  time 
to  time  shall  be  authorized  and  appointed  in  manner  &  form  in  these 
presents  heretofore  Expressed  shall  have  full  ])ower  &  Authority  to 
use  &  Exercise  Marshall  Laws  &  in  Cases  of  Rebellion  Insurrection 
&  Mutany  in  as  large  and  ample  a  manner  as  our  Leiutenants  in  our 
Countys  within  our'realm  of  England  have  or  ought  to  ha^e  by  force 
of  their  Commission  of  Lieutenancy  and  for  as  much  as  it  shall  be 
Xecessary  for  all  such  our  loving  subjects  as-  shall  Inhaliit  within 
the  said  presincts  of  Xew  England  Aforesaid  to  determine  to  Live 
to  geather  in  the  fear  and  true  worship  of  Almighty  God,  Christian 
peace  &  civil  quietness,  each  with  other,  whereby  every  one  may  Avith 
More  Safty  pleasure  &  profitt  Enjoy  that  Avhereunto  they  shall 
Obtain  with  Great  Pain  &  peril  We  for  us  our  heirs  &  successors  are 
Likewise  pleased  &  Contented  and  by  these  presents  do  give  &  Grant 
unto  the  said  Council  &  their  successors  &  to  such  Governors  Officers 
&  Minister  as  shall  be  by  the  said  Council  Constituted  and  appointed 
according  to  the  Xature^  and  Lymmits  of  ther  offices  &  places  respec- 
tively, that  they  shall  &  may  "from  time  to  time  forever  hereafter, 
within  the  presincts  of  X^eAv  England,  or  in  the  Avay  by  the  seas 


New  Hnmpshirc— 1020— 1776  2515 

thither  &  from  thence  have  full  &  absolnte  power  &  Authority  to 
Correct,  punish,  pardon,  Govern  &  rule  all  such  the  subjects  of  us 
our  heirs  &  successors  as  shall  from  tim'e  to  time  adventure  them- 
selves in  any  voyage  thither  or  that  shall  at  any  time  hereafter 
Inhabit  in  the  i)resincts  and  Territories  of  the  Collony  as  aforesaid 
According  to  such  Laws  Orders  &  Ordainances  directions  &  Instruc- 
tions as  by  the  said  Councel  aforesaid  shall  be  established  in  defect 
thereof,  in  Case  of  Necessity  according  to  the  good  discressions  of 
the  said  Governor  and  ofKcers  res])ectively  as  well  in  Cases  of  Capital 
&  Criminal  as  Civil  boath  Mari-ine  and  others  for  always  as  that  the 
said  statutes  ordinances  &  proceedings  as  near  as  conveniently  may 
be  agreeable  to  the  Laws  Statutes  Governuient  &  pollicv  of  this  our 
realm  of  England  ".     Vol.  29  N.  II.  State  Papers,  p.  <).' 

The  pi-actical  construction  given  the  powers  of  governuicul  which 
pui'ported  to  be  vested  in  theui  by  the  Charter  of  1020  involved  the 
assumption  that  they  might  delegate  the  powers  of  Government  to 
those  who  might  be  designated  in  secondary  patents  for  the  exercise 
of  these  functions;  accoi-dingly  they  accompanied  several  important 
grants  of  land  Avith  the  delegation  of  poAvers  of  government,  both 
embodied  in  the  same  instrument,  ^lassachusetts  Bay  and  Plymouth 
Colony  both  had  such  patents,  but  the  promoters  of  the  former  took 
the  wise  j)recaution  of  j^rocuring  a  Crown  Charter.  The  validity  of 
these  delegations  of  powers  of  govei'nment  to  individuals,  groui)s  of 
persons,  and  colonial  organizations  by  the  Council  of  Plymouth  was 
brought  in  question  in  the  home  government  in  KhT  and  submitted 
to  the  Chief  Justices.  Their  rei)ly  was  in  part  as  follows:  "We"' 
[the  Lords  Chief  Justices  of  the  Courts  of  King's  P>ench  and  Com- 
mon Pleas]  ''  did  in  the  presence  of  said  parties  examine  their  several 
claims  to  the  government,  and  the  petitioners,"  [Mason  and  Gorges] 
"  having  waived  the  pretence  of  a  grant  of  govermnent  from  the 
Council  of  Plymouth  wherein  they  Avere  couA'inced  by  their  OAvn  coun- 
cil that  no  such  power  or  jurisdiction  could  be  transferred  or  assigned 
by  any  coloui-  of  law."  Keport  of  the  Lord's  Chief  Justices,  and  the 
King's  ccmiirniatiOn  thereof,  July  20.  1()77,  1  Ponton  X.  II.  Province 
Papers  p.  380;  Fai-mer's  lielknap.  Vol.  L     App.  p.  44*.». 

In  some  instances  nevertheless  these  delegated  powers  of  govern- 
ment had  been  exercised  as  in  Plymouth  Colony  Avhile  in  other 
instances  as  in  John  Mason's  grants  covering  the  territory  which  is 
now  known  as  Xcav  Hampshire  no  organized  Colonial  government 
resulted. 

The  someAvhat  mooted  question  Avhether,  Avithin  the  meaning  of  the 
rules  laid  down  by  Lord  Coke  in  (^ilvin's  Case  that  [)art  of  the  grant 
to  the  C^ouncil  of  Plymouth  Avhicli  was  known  as  Xcav  England  was 
territory  accjuii^ed  by  discovery  and  uninhabited  or  whether  it  was 
territory  inhabited  and  accjuired  by  conquest,  by  purchase,  or  by 
treaties,  is  one  of  nnich  significance  in  the  ascertainment  of  what 
hnvs  were  operatiA'e  upon  the  inhabitants  and  from  Avhat  authority 
they  emanated.  The  people  of  Massachusetts  and  Xew  IIamj)shire. 
in  the  time  of  their  union,  strenuously  denied  that  the  laws  of  Eng- 
land were  in  force  over  them  pi'o])rio  vigore  under  the  I'ules  in  C^il- 
vin's  Case.  The  same  view  at  length  had  the  indorsement  of  the 
Connnon  LaAv  Courts  in  England.  Authorities  collected  in  the  argu- 
ment of  the  Attorney  (Jeneral  of  Xcav  Hampshire  in  the  case  of  the 


2516  New  Hampshire— 1620— 1776 

Percy  Sumner  Clnb  of  New  Jersey  in  the  U.  S.  Circuit  Court  for  the 
District  of  X.  H.  190G,  pp.  1-50;  Blankard  v.  Gakly,  KiDS,  4  Mod. 
Reports,  222;  Id.  2  Salkeld,  411;  Smith  v.  Browne  and  Cooper.  HOC). 
2  Salkeld  (3GG.  (Opinions  in  both  cases  by  Lord  Chief  Justice  Holt)  ; 
Blackstone's  Commentaries,  Introduction,  Star  paging  107,  Cooley's 
Ed.  At  the  page  last  cited  Blackstone  says :  "  Our  American  })lan- 
tations  are  principally  of  this  latter  sort,  being  obtained  in  the  last 
century  either  by  right  of  conquest  and  driving  out  the  natives  (with 
what  natural  justice  I  shall  not  at  present  inquire),  or  bj^  treaties. 
And  therefore,  the  common  law  of  England,  as  such,  has  no  allowance 
or  authority  there;  they  being  no  part  of  the  mother  country,  but  dis- 
tinct, though  dependent  dominions.  They  are  subject  however  to 
the  control  of  the  parliament;  though  (like  Ireland,  Man,  and  the 
rest,)  not  bound  by  any  acts  of  parliament  unless  particularly 
named."  I^ord  Mansfield  endorsed  the  opinion  of  Blackstone  on  this 
subject  as  above  stated.  Cooley's  Blackstone,  1899.  Star  paging 
108,  -1th  Edition  edited  by  J.  D.  Andrews,  Xote  4.  See  also  opinions 
of  Prof.  Joel  Parker,  formerl}^  Chief  Justice  of  X.  H.,  State  v.  Rol- 
lins, 8  X.  IT.  500.,  and  in  his  address  at  Lowell  Institute  1809  (Pub. 
Mass.  Hist.  Society  I*roceedings  p.  385;  Id.  pamphlet  ed.  31.)  enti- 
tled "■  The  First  Charter  and  the  Early  Religious  Legislation  of 
Massachusetts."  For  a  comparison  and  discussion  of  the  two  views 
above  suggested  as  to  the  extension  of  the  laws  of  England  into  these 
colonies  by  the  immigration,  see  Sharswood's  notes  in  his  edition  of 
Blackstone ;  1  Sharswood's  Blackstone,  Ed.  of  1880,  p.  107  note  11 ; 
Johnson  v.  Mcintosh,  8  Wheat,  543;  Martin  v.  Waddell,  16  Peters, 
307;  Perkins  v.  Scott,  57  X".  H.  79;  Conn.  River  Lumber  Co.  v. 
Olcott  Falls  Co.,  65  X.  H.;  Concord  Co.  v.  Robertson  GO  X.  H.  1; 
State  V.  Saunders,  66  X.  H.  71 ;  1  Kent's  Commentaries,  Barnes  Ed. 
star  paging  472 ;  Cooley's  Const.  Lim.  22,  31 ;  Franklin's  Works, 
Spark's  Ed.  Vol.  V.  p.  271 ;  Jefferson's  Correspondence,  Vol.  4.  p.  178 ; 
Wilson's  Works,  Andrews'  Ed.  Int.  XLIII.  vol.  2,  p.  532. 

The  question  whether  the  Blackstonian  theory  of  non-extension  of 
the  Common  Law  to  the  Colonies  on  the  theory  that  they  were 
acquired  by  conquest  or  treaty,  or  whether  some  other  theory  on  the 
subject  be  adopted,  must  be  resolved  by  an  examination  of  the 
foregoing  authorities  and  numerous  others  of  similar  purport. 

The  theory  of  the  migration  of  the  Common  Law  with  the  Colo- 
nists (based  upon  the  assumption  of  a  discovery  of  uninhabited 
country  in  contradistinction  from  acquisition  by  conquest  from  and 
treaty  with  the  aboriginal  inhabitants  or  from  the  Dutch  and  the 
colonists  of  other  nations  in  possession)  takes  March  24,  1606  as  the 
divisional  date.  So  much  of  the  statute  law  of  England  antedating 
this  point  of  time  adapted  to  Colonial  conditions  would  be  regarded 
as  common  laAv  in  the  colonies:  while  I^nglish  Statutes  passed  subse- 
quent to  that  date  would  not  apply  to  the  colonies  unless  such  a  pur- 
pose was  specifically  mentioned.  1  Sharswood's  Blackstone  star  page 
107,  1880.  On  the'  same  theory  as  the  case  is  put  by  Judge  Cooley 
"  the  Common  Lav  as  then  existing  in  England  was  not  suited  to 
their  condition  and  circumstances  in  the  new  country,  and  those  par- 
ticulars they  omitted  as  it  was  put  in  practice  by  them."  "  The  com- 
mon law  of  England  is  not  to  be  taken,  in  all  respects,  to  be  that  of 
America.  Our  ancestors  brought  with  them  its  general  jjrinciples, 
and  claimed  it  as  their  birthright;  but  they  brought  with  them  and 


New  Hampshire— 1620— 1776  2517 

adopted  onlj''  that  portion  which  was  applicable  to  their  condition." 
Const.  Lim.  p.  31,  and  note  1  Story  J.  in  Van  Xess  v.  Pacard  2  Pet. 
144.  Franklin's  opinion  above  cited  is  as  follows:  "They  carried 
with  them  a  right  to  such  parts  of  laws  of  the  land  as  they  should 
judge  advantageous  or  useful  to  them;  a  right  to  be  free  from 
those  they  thought  hurtful,  and  a  right  to  make  such  others  as  they 
should  think  necessary,  not  infringing  the  general  rights  of  Eng- 
lishmen, and  such  new  laws  they  were  to  form  as  agreeal)le  as  might 
be  to  the  laws  of  England.''  Franklin.  Works  by  Sparks  Vol.  IV. 
p.  271. 

It  is  only  by  recourse  to  the  powers  of  government  granted  to  the 
Council  of  Plymouth  in  the  County  of  Devon,  and  by  the  ascertain- 
ment of  what  part  of  the  laws  of  England  if  any  were  operative  in 
the  New  England  Colonies  by  reason  of  the  immigration,  proprio 
vigore.  that  the  fundamental  features  of  the  colonial  governments  in 
the  early  periods  of  tlieir  inception  and  develojMnent  can  be 
determined. 

THE    rJUST    PERIOD    OF   THE    OCCUPANCY   OF    XPIW    HAMPSIIIltE     rKKKnOKV 

BY   ENOI.ISHMEX 

Between  the  date  of  the  Charter  of  the  Council  of  Plymouth  in 
1C20  and  the  union  of  Xew  IIam])hire  with  JNIassachusetts  hite  in 
1G41,  several  extensive  grants  of  land,  accompanied  by  a  delegation 
of  powers  of  government,  were  issued  to  ^lason  and  (torges  or  to 
Mason  individually.  The  Council  of  Plymouth  in  the  County  of 
Devon  without  recognizing  such  limitations  uj^on  their  right  under 
their  Charter  to  delegate  i)Owers  of  government  as  was  declared  and 
a]:>plied  by  the  Chief  Justice  and  the  King  in  IGTT,  proceeded  to  the 
disposition  of  extensive  parts  of  Xew  England  accompanying  their 
])atents  with  provisions  enabling  the  grantees  to  exercise  powers  of 
government  or  reciuiring  the  assumption  and  exercise  of  such  powers 
by  them.  Before  the  first  settlement  of  Xew  Hampshire  (1023)  at 
least  two  such  grants  covering  the  ]iarts  of  what  was  lat<'r  known  as 
Xew  Ilauipshire  were  nuide.  The  first  was  the  ])rovince  or  territory 
of  jNIariana  which  iucbided  all  that  region  lying  between  the  Xaum- 
peck  Ivivei-  and  the  Merrimack  extending  back  to  the  heads  of  those 
rivers  and  inchiding  atljacent  islands  to  the  sea.  The  establishment 
of  a  government  was  required  of  the  proprietors  and  this  feature  of 
the  grant  was  in  terms  as  follows: 

"And  the  said  John  Mason  doth  further  covenant  foi-  liiui  his  heirs 
and  assigns  that  he  will  establish  such  a  (irovernment  in  the  said  ])or- 
tions  of  hinds  granted  unto  him  and  the  same  will  from  tiuie  to  time 
coutinue  as  shall  be  agreea})h'  as  near  as  conveniently  nuiy  be  to  the 
Laws  and  Custouis  of  the  Pealni  of  England,  and  if  he  shall  be 
charged  at  any  time  to  have  neglected  his  duty  therein  that  then  he 
will  ivforui  the  same  according  to  the  Directions  of  the  President  and 
Council."  (Jrant  of  Mariana  29  X.  II.  State  Papers,  22.  Life  of  John 
Mason,  Prince  Soc.  Pub.  Tuttle  &.  Dean.  Monograph  on  the  ^Mariana 
Patent  by  Chas.  Levi  AVoodbury  Id.  p.  45. 

The  next  grant  in  the  order  of  time  containing  powers  of  govern- 
ment was  that  of  the  Province  of  ]Maine  of  date  Aug.  10.  1(;22.  to 
Ferdinando  Gorges  and  John  ^[ason.  It  extended  from  the  Merri- 
mack River  northeasterly  to  the  Sagadahock  and  included  all  the 


2518  New  Hampshire— 16W- 1776 

territory  extending  back  from  the  sea  three  score  miles  from  the 
mouths  of  the  rivers  named.  It  embodied  the  same  right  or  re(|uire- 
ment  for  the  exercise  of  powers  of  government  by  the  proprietors 
that  appears  in  the  Grant  of  Mariana.  29  N.  H,  State  Papei's  j).  2:3. 
Life  of  John  Mason,  Prince  Soc.  Pub.  p.  177. 

Territorially  these  conveyances  included  approximately  the  loAver 
half  or  two  thirds  part  of  what  is  now  New  Hampshire.  The  so- 
called  Masonian  grants  never  included  the  northern  j^art  of  the  i)rov- 
ince.  In  1629  Mason  and  Gorges  made  partition  of  the  territory  held 
by  them  in  common,  Gorges  taking  that  lying  easterly  of  the  Pasca- 
taqua  line  and  Mason  the  westerly  part.  In  confirmation  of  this 
agreement  the  Council  of  Plymouth  issued  a  patent  to  Gorges  for  his 
l^art  and  to  Mason  for  his  part.  In  this  grant  to  Mason  no  part  of 
his  territory  of  Mariana  appears  to  have  been  included. 

The  grant  of  poAvers  of  government  was  the  same  in  this  patent  as 
in  that' of  1622.  29  N.  H.^State  Papers  p.  32;  Poore's  Charters  and 
Constitutions.    Vol.  II.  p.  1270. 

*•  This  tract  of  land  was  called  New  Hampshire;  it  comprehended 
the  whole  of  Wheelwright's  purchase;  and  unless  Mason's  intention 
was  to  frustrate  his  title,  it  is  difficult  to  assign  a  reason  for  the  pro- 
curement of  this  patent,  as  the  same  land,  with  much  more,  had  been 
granted  to  Gorges  and  Mason  jointly  seven  years  before."  Farmer's 
l>elknaij's  Hist,  of  N.  H.  p.  8.  With  all  respect  for  the  learned  author 
of  the  foregoing  comment,  the  suggestion  is  ventured  that  the  par- 
tition of  the  province  held  by  them  jointly  between  Mason  and  Gorges 
might  very  properly  be  ratified  by  the  Comicil  of  Plymouth  ^md  per- 
haps this  would  be  indispensable.  It  was  at  this  time  and  by  this 
document  that  the  province  first  received  the  name  which  has  ever 
since  been  retained. 

The  gi'ant  of  Laconia  which  bore  date  the  17th  of  November  1629 
has  been  associated  to  some  extent  with  New  Hampshire.  The  patent 
was  to  INIason  and  Gorges  and  gave  them  the  right  to  select  a  thou- 
sand acres  on  the  coast  as  an  adjunct  to  the  main  grant  the  principal 
subject  of  which  was  the  lake  of  the  Iroquois,  the  regions  about  it,  and 
other  lands  and  waters  supposed  to  be  situated  to  the  northwestward 
of  New  Hampshire.  The  patent  contained  the  same  delegation  of 
powers  of  government  to  the  grantees  as  appears  in  the  Grants  of 
Mariana  and  Maine  in  1622,  29  N.  H.  State  Papers,  p.  33. 

Two  drafts  of  patents  from  the  Council  of  Plymouth  to  John 
Mason  of  date  April  22,  1635,  are  preserved.  Each  contains  a 
description  of  the  premises  conveyed  which  cover  identically  or 
approximately  both  Mason's  province  of  Mariana,  and  his  i)rovince 
of  New  Hampshire,  that  is,  all  the  territory  from  Naumkeag  Kiver 
to  the  Newichiwannock  (Piscataqua).  The  clause  requiring  the  exer- 
cise of  the  powers  of  government  which  ajjpears  in  the  five  former 
patents  to  Mason  and  Mason  and  Gorges  above-mentioned  does  not 
appear  in  the  patents  of  1635.     One  of  them  however  contains  the 

following:  " with  the  power  of  judicature  in  all  causes  and 

matters  whatsoever  as  well  criminal  capital  and  civil  arising  or 
which  may  hereafter  arise  within  the  limits  bounds  and  precincts 
aforesaid  to  be  exercised  and  executed  according  to  the  laws  of 
England  as  near  as  can  be  by  the  said  Capt.  John  Mason  his  heirs 
and  assigns  or  his  or  their  Deputies  Lieutenants  Judges  Stewards 


New  Hampshire— 1620-1776.  2519 

or  officers  thereunto  by  him  or  them  iissioned  deputed  or  appointed 
from  time  to  time."     29  N.  H.  State  Papers,  65. 

The  Council  also  by  the  same  instrument  accord  to  the  inhabitants 
the  right  of  appeal  to  it  from  local  judgments.  Soon  afterAvards  in 
the  same  year  the  Council  of  Plymouth  surrendered  its  charter  and 
its  poAvers  were  dissolved.  Some  account  of  the  circumstances  sur- 
rounding this  event  is  given  by  Mr.  Belknap.  Hist,  of  N.  H. 
Farmer's  Ed.  p.  14-17. 

The  rights  of  Gorges  in  his  plantation  were  further  safeguarded 
by  a  crown  charter  granted  in  1035.  In  recent  years  a  coj^y  of  a 
similar  document  purporting  to  be  a  crown  charter  to  Mason  of  date 
Aug.  19,  1()8.5,  has  been  discovered.  Mr.  Frank  B.  Sanborn  in  his 
history  of  New  Hampshire,  Commonwealth  Series,  p.  11,  sa^'s  this 
instrument  ncA'er  passed  the  seals.  Xote  Farmer's  Belknap,  p.  14; 
letter  (xco.  Yaughan  to  Ambrose  Gibbons,  dated  April  10,  1030. 
Farmer's  Belknap,  A]:)pendix,  j).  431.  The  powers  of  legislation  and 
for  the  exercise  of  other  functions  of  government  which  appear  in 
what  purports  to  be  a  copy  of  this  commission  printed  perhaps  for 
the  first  time  in  29  N.  H.  State  Papers  p.  69  are  very  comprehensive. 
The  paper  bears  date  August  19,  1635.  Mason  the  proprietor  died 
in  December  1635.  He  never  visited  his  Xew  England  plantations. 
He  never  exercised  any  powers  of  government  which  may  have  been 
granted  him  either  from  the  Council  or  the  Crown,  by  formulating  a 
constitution  or  plan  in  written  form,  by  providing  for  a  legislature, 
by  causing  ain^  general  civil  administration  of  the  colony  to  be  under- 
taken, or  by  according  the  people  of  his  province  as  an  entirety  any 
government  as  far  as  any  record  appears,  except  what  might  be 
exercised  under  temporary  directions  by  business  agents  and  super- 
intendents in  a  desultory  and  unsystematic  manner  and  without  a 
written  constitution  or  written  commission.  Laws  of  X.  H.  1679- 
1702.  Introduction  p.  XXVII.  It  is  noteworthy  that  the  Cutt 
Commission  of  1679,  granted  by  Charles  II,  contains  a  statement 
that  the  government  of  Xew  Hampshire,  as  there  limited  and  bounded 
"  hath  not  yet  been  granted  unto  any  person  or  persons  whatsoever." 
1  Laws  N.  H.  1679-1702,  p.  2.  As  to  the  admiralty  powers  of  John 
Mason,  see  Hist,  of  X.  H.  bv  F.  B.  Sanborn.  Commonwealth  Series, 
(1904),  pp.  10,  11;  also  life  of  Capt.  John  Mason  bv  Tuttle  &  Dean, 
p.  347;  Will  of  John  Mason  Id.  p.  397;  29  X.  H.  State  Papers,  p.  88. 

CONSTITUTIONS  ADOPTEI)  BY  THE  INDIVinUAL  TOWNS  AND  LOCAL  SELF 
GOVERNMENT  UNDER  THE  NEW  ENGLAND  TOWN  SYSTEM  I'RIOR  TO 
1641. 

In  the  absence  of  a  colonial  government  provided  by  the  Crown, 
the  Council  of  Plymouth,  or  John  Mason,  the  proprietor,  the  three 
towns  into  which  the  peopU»  had  grouped  themselves  for  local  civil 
administration  and  for  the  protection  of  persons  and  property  (not 
including  Ham]:)ton,  then  regarded  as  a  ^Massachusetts  town)  acting 
separately  ad<)])ted  local  constitutions  which  they  termed  combina- 
tions for  self  govei'nment.  Hie  text  of  the  Potsmouth  combination 
iias  been  h^st.  That  of  Dover  and  that  of  Exetei-  have  l)een  preserved 
and  printed  in  several  publications.  A  monograph  on  these  consti- 
tutions was  published  by  Charles  Wesley  Tuttle,  and  appears  in  his 


2520  New  Hampshire— 1620— 1776 

historical  papers  edited  by  Albert  Harrison  Hoyt.  p.  329;  Id.,  re- 
print, Laws  of  N.  H.  1679-1702,  Appendix  C.  p.  714.  17  N.  II. 
State  Papers  p.  501.  1  Bouton  N.  H.  State  Papers  126,  131.  "Hist. 
Mem.  of  Ancient  Dover  "  by  Alonzo  H.  Quint  and  others,  Scales's  Ed. 
1900,  p.  17,  19.  Hist,  of  Exeter,  C.  H.  Bell,  1888.  p.  15.  Adam's 
"Annals  of  Portsmouth  "  1825,  p.  28.  The  text  of  the  Exeter  Com- 
bination (1639)  and  that  of  the  Hilton  Patent  or  Dover  Combination 
(1640)  are  given  in  the  works  above  cited.  Local  self  government 
was  most  securely  entrenched  in  the  civil  constitutions  and  organiza- 
tions of  the  individual  towns.  This  is  well  illustrated  in  New  Hamp- 
shire where  in  the  absence  of  a  colonial  government  prior  to  1641, 
and  upon  the  failure  of  the  Andros  colonial  government  in  1689,  the 
municipal  organizations  met  all  the  requirements  of  local  govern- 
ment. 1  Dillon  Municipal  Corporations,  Chap.  II.  p'gli-  28,  et  seq. ; 
"  The  Origin  of  Municipal  Incorporation  in  England  and  in  the 
United  States",  by  Amasa  M.  Eaton,  Am,  Bar  Assoc.  Reports  Vol. 
XXV.,  p.  292 ;  "  The  Origin,  Organization  and  Influence  of  the 
Towns  of  New  England*',  bv  Joel  Parker,  Proceedings  Mass.  Hist. 
Soc.  1866-67 ;  Id.  XXV.  N.'  H.  State  Papers,  751 ;  XXIV.  N.  H. 
State  Papers,  Introduction,  p.  III.;  Vol.  1,  Laws  N.  PI.  1679-1702 
p.  259;  Id.  Introduction,  p.  XXIX.  Historical  Papers  bv  Charles 
Wesley  Tuttle,  edited  by  A.  H.  Hoyt ;  Appendix,  p.  329-335. 

THE  GRANT  OF  A  TERRITORY  SOMEW^HAT  SIMILAR  IN  EXTENT  TO  MASON's 
GRANT  OF  NEW  HAMPSHIRE  OF  NOV.  7,  1629,  BY  AN  INSTRUMENT  OF 
DATE  MAY  17,  1629  PURPORTING  TO  BE  THE  DEED  OF  THE  PRINCIPAL 
INDIAN  SACHEMS  TO  JOHN  WHEELWRIGHT 

From  several  points  of  view  it  is  impossible  to  disregard  this 
transaction,  and  the  paper  in  which  it  is  presented  is  the  ascertain- 
ment of  the  fundamental  principles  of  government  in  Colonial  New 
Hampshire.  If  the  document  is  genuine  it  is  evidence  of  a  recogni- 
tion of  the  rights  of  property  of  the  aboriginal  occupants  in  the 
land.  It  would  be  considered  in  the  nature  of  a  treaty  by  which  the 
rights  which  the  colonists  seek  to  obtain  by  peaceable  means  if  prac- 
ticable were  assigned  to  them  while  it  reserved  to  the  natives  the 
natural  rights  which  they  most  regarded  pertaining  to  the  forests, 
rivers,  ancl  other  waters.  In  1707  this  conveyance  was  put  in  evi- 
dence in  behalf  of  the  colonists  as  one  of  the  grounds  upon  which 
they  rested  their  right  of  soil  in  the  lands  of  the  lower  part  of  the 
province  in  antagonism  to  the  claim  of  Allen  the  successor  to  the 
Masonian  title.  2  Bouton  N.  H.  State  Papers,  514-562,  inc.  Farmer's 
Belknap  163 ;  The  deed  fulfilled  its  office  in  the  ordinary  way  at  this 
trial.  It  liacl  been  obtained  from  the  York  County  Archives  accord- 
ing to  the  representation  of  the  proponents.  Re])resentations  were 
made  after  a  time  to  the  Home  Government  denying  the  genuineness 
of  the  conveyance.  It  was  defended  by  Cotton  ]\Iather,  Gov.  "Wil- 
liam Plumer,  and  many  others.  The  most  exhaustive  attack  upon  its 
authenticity  was  made  by  Mr.  Savage  in  connection  with  his  edition 
of  Winthrop's  History.  Its  most  elaborate  defence  emanated  from 
Chas.  H.  Bell,  subsequently  Governor  and  United  States  Senator, 
constituting  Chapter  2,  p.  79-142  in  his  life  of  John  "Wlieelwright, 
Prince  Soc.  Pub.  1876.  The  conveyance  was  the  subject  of  an  infer- 
ential endorsement  by  all  the  branches  of  the  general  assembly  of  the 


New  Hampshire— 1620— 1776  2521 

province  including  Gov.  Joseph  Dudley  in  ^n  address  to  the  Crown, 
3  Bouton  X.  H.  State  Papers,  p.  354.  The  text  of  the  instrument  has 
been  reproduced  in  1  BoutoivN.  H.  Province  Papers  p.  5()-()0;  Bell's 
"  Life  of  John  Wheehvright  "  cited  supra,  p.  143 ;  3  Kent's  Connnon- 
taries,  Barnes  P2d.  1884.  star  pairing  382-387;  Revised  Statutes  of  the 
U.  S.  1878,  Title  XXVITI.  Ch.  -2,  sec.  2079;  Id.  Ch.  3,  sect.  211(5; 
The  title  to  entire  townships  was  dependent  on  the  ownership  of 
Wheelwright's  heirs  as  successors  to  the  supposed  rights  emanating 
from  the  conveyance  of  the  sachems.  The  disability  of  the  tribes  to 
make  treaties  with  individuals,  and  the  disability  of  the  latter  to 
acquire  titles  by  private  contract  with  Indians  were  inchoate  ele- 
ments in  the  public  law  and  perhaps  indifferently  understood  1)V  the 
men  influential  in  pul)lic  and  ])rivate  affairs;  Farmer's  Belknap  Ch. 
5;  Id.,  Ch.  IX.,  p.  110. 

THE  VOLUNTARY  UNION  OF  MASSACHUSETTS  BAY  COLONY  AND  NEW  HAMP- 
SHIRE AND  THE  CONSEQUENT  EXTENSION  OF  THE  CHzVRTER  OF  l()2n 
MODIFIED  BY  THE  NECESSITIES  OF  COLONIAL  CONDITIONS  0\T:R  THE 
ENTIRE   TERRITORY   OF   NEW^   HAMPSHIRE,    1641-1679 

The  failure  of  the  Crown  to  provide  a  Colonial  Government  for 
New  Hampshire,  which  might  be  more  accurately  described  as  abso- 
lute neglect,  compelled  the  .people  and  towns  of  the  province  to  act 
under  the  compulsions  and  sanctions  of  the  law  of  necessity.  The 
union  on  the  i)art  of  New  Hampshire  was  in  no  wise  a  submission  to 
the  exercise  of  any  unfair  influence  or  superior  power  on  the  jiart 
of  Massachusetts.  It  was  in  no  sense  an  encroachment  or  usurpation 
upon  the  part  of  the  latter.  Both  parties  had  interests  to  be  sub- 
served by  a  political  union  which  Avere  dou])tless  effectual  in  its 
accomplishment.  In  the  coinpact  for  this  union  both  tlie  j^roprietors 
of  the  Hilton  and  Pascataqua  Patents,  and  the  towns,  as  organized 
municipalities  represented  New  Hampshire  wliile  the  General  Court 
was  the  competent  Agent  for  the  Bav  Colonv.  1  I^aws  X.  H.  1('>79- 
1702  Introduction,  p.  XXX.-XXXII.;  Mass.  Colonv  Records,  Vol. 
1,  p.  324-332;  Id.  342,  343;  Farmen's  Belknap,  Ch. 'll.  p.  28.  The 
people  in  both  parts  of  the  United  Colonies  in  the  thirty-eight  years 
Avhich  intervened  l)efore  the  separation  of  Xew  Hampshire  from  this 
government  by  Charles  II.  in  1(')79.  had  become  homogeneous,  and 
the  Puritan  party  in  Xew  Hampshire  Avas  as  strong  and  dominant  in 
political  affairs,  if  not  as  intense  in  its  ecclesiastical  oi'thodoxy,  as 
it  A\-as  in  Massachusetts.  Xcav  Hampshire  reserved  by  the  terms  of 
union  the  recognition  of  the  freemen  already  exercising  that  privi- 
lege in  Xew  Hampshire  as  duly  entitled  to  it,  the  right  to  admit 
those  not  church  members  as  freemen,  its  existing  rights  and  privi- 
leges with  reference  to  fisheries,  and  other  existing  rights  and  privi- 
leges were  made  permanent  by  sufficient  guarantys.  The  towns, 
except  Exeter,  Avere  to  be  represented  in  the  General  Court.  Kciual 
rights  Avere  to  exist  in  all  parts  of  the  United  Colony  and  Courts 
Avere  to  be  provided  for  Xcav  Hamjishire  similar  to  those  estab- 
lished in  Massachusetts,  Mass.  Col.  Records,  \o\.  1,  passim:  LaAvs 
N.  H.  1679-1702,  Introduction,  p.  XXIX.  The  (Miarter  of  1629, 
and  the  political  form  of  government  Avhicli  had  been  cA'oh-ed  from 
it  during  this  i)eriod,  Avitli  the  special  reservations  and  concessions 
accorded  Xew  Hampshire,  constituted  the  colonial  organic  law  of 


2522  New  Hampshire— 16W— 1776 

the  latter.  This  Charter  is  printed  in  Poore's  Charters  and  Consti- 
tutions, title  Massachusetts,  Vol.  I.  p.  982;  '"The  Charter  of  King 
Charles  the  First  (1629)  bv  Charles  Deane,  constituting  Ch.  X.  Vol, 
1  Mem.  Hist,  of  Boston,  ISSO;  "The  First  Charter  and  the  Early 
Religious  Legislation  of  Massachusetts  ",  lecture  at  Lowell  Institute 
by  Judge  Joel  Parker  (1869)  cited  supra;  for  the  text  of  the  com- 
pact of  union  between  Mass.  Bay  and  X.  H.  (1641),  see  Mass.  Colony 
Records,  Vol.  1,  pp.  324,  332,  342,  343;  1  Laws  of  N.  H.  1679-1702, 
Introduction,  pp.  XXX.-XXXII. 

This  Charter  was  annulled  by  the  Court  of  Chancery  by  the  procure- 
ment of  Archbishop  Laud  in  1635.  It  was  objected  that  there  was 
not  sufficient  notice  to  the  Colony  or  sufficient  appearance  by  it  in 
Court  to  render  the  decree  valid.  1  Memorial  Hist,  of  Boston,  Ch, 
X.  p.  338  et  seq.  In  1678  the  question  was  submitted  to  the  Crown 
lawyers  as  to  whether  the  decree  on  the  quo  warranto  in  1635  was  a 
valid  abrogation  of  the  Charter,  and  the  opinion  rendered  was  that 
the  decree  was  not  valid.  1  Mem,  Hist,  of  Boston,  Ch.  X.  p.  367. 
Copy  of  the  original  quo  warranto,  2  Mass.  Hist.  Col,  VIII.  97; 
Collection  of  Original  Papers.  Hutchinson,  pp.  101-104;  Argument 
of  Atty.  Genl.,  Case  of  Percy  Summer  Club,  U.  S.  Cir.  Ct.  for  X.  H. 
p.  73,  78.  Text  of  the  Judgment  against  the  Charter  in  1684.  in  4 
Mass.  Hist.  Soc.  Coll.  11  246-278.  Effect  of  the  repeal  upon  Exist- 
ing Laws;  Monograph  bv  Emorv  Washburn,  Mass.  Hist.  Soc.  Proc, 
March,  1875,  Vol.  13.  p.  451. 

THE  DISSOLUTIOK  OF  THE  UNION  BY  ORDER  OF  KING  CHARLES  II.,  AND  THE 
ERECTION  OF  A  SEPARATE  PROVINCE  GOVERNMENT  FOR  NEW  HAMPSHIRE 
BY  DECREES  CONTAINED  IN  THE  COMMISSION  TO  JOHN  CUTT  AS  PRESI- 
DENT AND  A  COUNCIL  SEPT.   18,  1679 

This  Government  was  established  in  the  spring  of  1680,  but  it  was 
much  against  the  will  of  the  people,  the  great  majority  of  whom  pre- 
ferred the  permanent  continuance  of  the  union.  Resolution  ex- 
pressing regret  at  the  separation  from  Mass,  Bay.  1  Laws  X.  H. 
1679-1702,  p.  41.  The  Commission  providing  for  a  General  Assem- 
bly, the  President  and  Council  constituting  one  part,  and  an  assembly 
of  elected  deputies  (not  burgesses)  constituting  the  other  part.  Two 
causes  moved  in  the  dissolution  of  the  union  and  the  establishment  of 
a  separate  province,  one  being  the  promotion  of  the  interests  involved 
in  the  Masonian  title,  and  the  other  the  policy  in  the  Home  GoA^ern- 
inent  and  the  desire  of  a  small  minority  of  royalists  in  the  Xew  Eng- 
land colonies  to  counteract  and  restrain  the  growing  influence  of  the 
Puritan  or  Home  Rule  partv.  1  Laws  X.  H.  1679-1702.  1;  and  Id. 
Appendix  E;  Farmer's  Belloiap,  Ch.  VIL  p.  90;  "The  Establish- 
ment of  the  Roval  Provincial  (Tovernment  of  Xew  Hampshire.  1(>80  " 
by  Charles  Wesley  Tuttle,  1  Proc.  N.  H.  Hist.  Soc.  pp.  338-352; 
Xote  to  case  of  Hutchinson  v.  Railroad  Co.  73  X,  H,  279.  The  text 
of  the  Commission  is  printed  1  Bouton  X.  H.  Province  Papers,  p. 
373;  also  1  Laws  X.  H.  1679-1702,  p,  2,  Laws  of  the  Province  1771, 
Ed,  p.  1.  This  Commission  was  vacated  in  terms  bv  the  Commission 
of  Lt.  Gov.  Cranfield  dated  May  9,  1682,  and  the  laws  passed  under 
it  were  abrogated  by  the  King  the  same  year.     Instructions  to  Lt. 


New  Hampshire~1620—1776  2523 

Gov.  Edward  Cranfield  of  date  April  29,  1682,  article  2G.     Cranficld 
Commission  1  Laws  X.  H,  1679-1702,  p.  56.     Xotwithstandino-  the 
l)ositive  repeal  of  the  Cutt  Commission  by  the  provisions  of  the  Cran- 
field Commission  after  the  former  had  been  in  force  but  a  little  more 
than  two  years,  it  was  lu>ld  in  increasing  regard  down  to  the  time  of 
the  Revolution  as  the  first  constitution  and  as  the  real  foundation  of 
the  organic  law.     Ik'nning  AVentworth,  (Governor  of  the  Province. 
(')  Bouton  X.  H.  Province  Papers,  99,  125.     John  AVentworth  (gov- 
ernor of  the  IVovince.  7  Bouton,  X.  II.  Province  Papers,  3S5.     In  the 
compilation  of  the  Laws.  1771,  the  Cutt  Commission  is  given  promi- 
nence as  the  first  document  printed  in  the  volume.     Thompson  v. 
Bennett,  Smith's  X.  H.  Reports,  p.  387,  Treatise  on  Probate  I^aw  by 
Jeremiah  Smith,  Smith's  Reports,  503.     The  beginning  of  the  Cutt 
Govcrnuient  indicates  the  time  assigned  by  Judge  Joel  Parker  for 
the  adpotion  of  the  English  Common  Law  in  this  ])rovince.     State  v. 
Rollins  8  X.  H.  560.     Whatever  acceptance  of  the  English  law  oc- 
curred at  this  time  in  the  province,  it  was  reluctant,  cautious,  and 
sparing,  there  being  accepted  all  that  Avonld  be  in  conflict  with  what 
is  classified  under  the  following  titles  or  groups  (1)  AATiere  the  body 
of  that  law  was  not  applicable  to  the  government  instituted  here;  (2) 
"\ATiere  it  was  not  applicable  to  the  condition  of  the  people  here;    (3) 
Where  other  provisions,  difi'erent  from  the  statute  or  common  law  of 
England  had  been  made  by  local  statutes;    and  (4)  Where  the  Eng- 
lish law  had  been  altered  here  by  local  usage.     (8  X.  II.  561.)      Else- 
where further  important  exceptions  were  specified.     Act  of  Revolu- 
tionarv  Legislature  1777,  Const,  of  X.  II.  Art.  89    (90).     State  v. 
Rollins  8  X.  IL  561.     1  Laws  X.  IL  1679-1702.     Appendix  E.     His- 
torical  Papers  by   Charles  Wesley  Tuttle  edited  by   A.   II.   IToyt. 
Article  on  ^'"  The  Establishment  of  The  Royal  Provincial  Government 
of  Xew  Hampshire  1680  "  p.  175. 

TIIK   CHAXriELD   COMMISSION    1682-1686 

The  commission  constituting  EdAvard  Cranfiehl  Lieut.  Governor, 
was  dated  May  9,  1682,  but  he  did  not  assume  his  government  under 
it  until  October  4  of  the  same  year.  He  acce])ted  from  Mason  an 
interest  in  his  claim  upon  the  lands  in  the  IVovince.  It  was  incum- 
bent upon  him  to  erect  the  courts  and  appoint  the  judges  which 
would  try  the  question  of  title  between  the  claimant  and  the  occu- 
pants. After  a  short  experience  Avith  the  Lieutenant-Governor,  dis- 
coA'ering  his  dupHcity  the  jieople  antagonized  hiui  in  every  possible 
way  and  by  denying  him  a  legislature  and  refusing  him  supi)lies, 
compelled  him  to  aban(h)n  his  government  when  he  liad  essayed  the 
administration  but  a  little  more  than  two  years  and  a  half.  His 
Deputy  Walter  Barefoot  succeeded  him,  but  accomplished  compara- 
tiA^ely  nothing  in  reconciling  the  pe()))le  to  this  regime.  This  (Jov- 
ernment  Avas  superseded  by  that  of  Joseph  Dudley  and  a  Council, 
INIay  25,  1686,  this  being  the  j^relude  to  the  administration  of  Sir 
Edmund  Andros  in  the  establishment  of  the  Dominion  of  New  Eng- 
land as  imdertaken  by  James  II.  The  Picnince  Records  Avere 
remoA'ed  to  Boston  and  became  for  the  time  i)eing  a  \r.\vt  of  the 
archives  of  the  Dominion  of  Ncav  England.     Soon  after  the  reestab- 


2524  New  Hampshire— 1620— 1776 

lishment  of  a  separate  Province  (xoveriiment  for  New  Hampshire  in 
1692,  the  Ciitt  Commission,  the  Laws  passed  under  it,  the  Cran- 
field  Commission,  the  Laws  passed  under  it,  and  what  purported  to 
be  a  copy  of  the  Cranfiekl  Instructions,  consisting  of  six  articles, 
appear  in  the  handwriting  of  Secretary  Thomas  Davis.  He  was  the 
incumbent  of  the  office  between  1692  and  1694.  The  original  Cran- 
fiekl Instructions  now  appear  to  have  been  a  much  more  elaborate 
document,  containing  39  articles.  The  opposition  of  the  people  at 
this  time  against  the  newly  constituted  Allen  Government  adminis- 
tered by  John  Usher,  the  son-in-law  of  the  Governor  who  had 
acquired  the  Masonian  title,  was  quite  as  effective,  if  not  as  violent, 
as  it  had  been  in  the  time  of  Cranfiekl.  As  the  article  in  the  Cran- 
fiekl Instructions  (No.  26)  by  which  a  repeal  of  the  laws  passed  in 
the  time  of  Cutt  was  pronounced  by  the  King,  and  many  other 
articles  of  the  document  were  eliminated  and  those  retained  given 
a  new  arrangement  as  a  result  of  the  revision  of  that  document, 
the  fact  of  that  repeal  became  obscured,  and  finally  passed  out  of 
mind.  There  is  no  evidence  that  a  copy  of  the  complete  text  of 
the  Cranfiekl  Instructions  has  been  extant  in  America  since  the 
termination  of  the  Cranfiekl  Government  or  the  beginning  of  the 
Usher  Administration  under  the  Allen  Commission.  The  full  text 
of  these  Instructions  was  recently  discovered  in  the  Public  Eecord 
Office  and  a  transcript  sent  over  for  the  state  in  April,  1906,  note; 
Huchinson  v.  R.  R.  Co.,  73  N.  H.  279;  Farmer's  Belknap,  Chap. 
VIII. ;  Frank  B.  KSanborn,  Hist,  of  N.  H.,  Commonwealth  Series, 
page  91 ;  Edward  Gove's  Insurrection  of  1683,  Granite  Monthlv, 
Vol.  10  p.  185. 

I  Bouton  N.  H.  Province  Papers,  433-590;  Laws  of  N.  H.  1679- 
1702,  pp.  48-92  and  Appendix  F ;  Chalmer's  Political  Annals  of  the 
Present  United  Colonies,  Vol.  1,  p.  493,  et  passim;  Randall  Corre- 
spondence edited  by  Robert  Noxon  Toppan,  passim ;  The  Puritan 
Commonwealth  bv  Peter  Oliver;  The  Cranfiekl  Commission  is  printed 
in  I  Bouton,  Prov.  Papers,  433,  and  in  I.  N.  H.  Laws,  1679-1702,  p.  48. 

THE  DOMINION  OF  NEW^  ENGLAND.  PRELIMINARY  COMMISSION  AND 
ADMINISTRATION  OF  JOSEPH  DUDLEY  AND  A  COUNCIL  OVER  MAINE,  NEW 
HAMPSHIRE,  MASSACHUSETTS,  AND  THE  NARRAGANSETT  COUNTRY,  MAY 
25,    TO    DECEMBER   20,    1686. 

The  Administration  of  the  Dominion  of  New  England  by  a  Coun- 
cil under  the  Presidency  of  Joseph  Dudley  was  preparatory  to  that 
which  was  to  follow  under  the  Commission  and  Administration  of 
Sir  Edmund  Andros.  The  purpose  of  restraining  a  developing 
spirit  of  independence  and  local  representative  government  was  the 
principal  one  in  view  on  the  part  of  the  Stuarts.  No  elective  repre- 
sentation of  the  people  was  conceded.  The  Dudley  Commission  was 
invested  with  limited  legislative  powers.  A  fragment  of  the  com- 
mission had  been  published  in  Bouton's  Province  Papers,  Vol.  1.  p. 
590.  The  full  text  is  printed  in  1  Laws  N.  H.  1679-1702,  p.  94.  It 
is  the  transcript  of  an  ancient  copy  lately  in  the  jjossession  of  Hon. 
Charles  J.  Hoadley,  sometime  Librarian  of  the  State  of  Connecticut. 
Note,  1  Laws  N.  H.  1679-1702,  p.  93. 


^ 


New  HampsUre— 1620— 1776  2525 

THE  ANDROS  COM:MISSION  AND  ADMIXISTRATIOX,  INCLUDING  AT  THE  OUT- 
SET MAINE,  NEW  HAMPSHIRE,  MASSACHUSETTS  BAY,  NEW  PLYMOUTH, 
AND  THE  NARRAOANSETT  COUNTRY,  WITH  THE  ADDITION  OF  RHODE 
ISLAND  IN  DECE:MBER,  If)S(').  CONNECTICUT  IN  OCTOBER.  1087,  AND  NEW 
YORK  AND  EAST  AND  WEST  JERSEY  IN  1688  WITH  THE  ISLANDS  AND 
OTHER  TERRITORIES  APPIRTENANT ;  DECEMBER  '10.  1()8G,  TO  APRIL  18, 
1689 

The  GoveniiiuMit  of  the  Council  of  Avhicli  Joseph  Dudley  was 
president  being  only  a  prelude  to  that  of  Sir  Edmund  Andros.  Avas 
taken  up  by  the  latter  and  the  preparatory  exi)erinient  succeeded  by 
what  was  intended  to  be  a  permanency  without  friction  or  hiatus. 
Sir  Edmund  Andros  and  his  Council  were  em])owered  by  their  Com- 
mission to  pass  laws,  establish  Courts,  and,  subject  only  to  the  restric- 
tions of  the  commission  and  instructions,  to  provide  for  the  exercise 
of  all  the  functions  of  oovernment,  executive  and  judicial,  as  well 
as  legislative.  The  principle  of  popular  representation  in  the  legis- 
lative body,  contrary  to  the  advice  of  the  Dudley  Counril.  was  ex- 
cluded from  this  plan  of  government.  The  first  commission  of  Sir 
Edmund  Andros  was  dated  June  3,  168G.  A  note  to  New  Hampshire 
Laws  1679-1702  p.  145  contains  the  following  bibliographical  state- 
ment :—  "An  ancient  copy  of  the  first  commission  is  preserved  in  the 
archives  of  the  state  of  ^lassachusetts.  This  has  been  printed  in  the 
third  series,  vol.  7,  Collections  of  the  Mass.  Historical  Society  pp. 
139-1-19.  The  manuscript  copy  is  now  i^artially  illegible.  It  has 
been  used,  however,  for  these  pages,  defective  ])assages  being  indi- 
cated by  brackets  and  restoration  being  made  from  the  Mass.  Hist. 
Society's  imprint.  The  cop}^  of  the  Commission  in  X.  H.  Province 
Papers,  Vol.  2,  pp.  1-10,  is,  according  to  the  editor's  note  (p.  1), 
from  a  mamiscrii:)t  copy  in  the  office  of  the  N.  H.  secretary  of  state. 
Another  imprint,  j)r()bablv  from  the  same  type,  is  found  in  N.  H. 
Historical  Society  Collections,  vol.  8,  pp.  268-278.  The  New  Hamp- 
shire manuscrijit  copy  cannot  now  be  found.  The  imprint  from  it 
in  N.  PI.  Province  Papers,  Vol.  2,  p.  1-10,  has  been  compared  by 
Mr.  B.  F.  Stevens  with  the  copy  in  the  English  archives,  preserved 
in  the  Public  Record  office  in  London,  and  the  few  ditlerences  in 
phraseology  by  him  discovered  noted  and  due  corrections  made. 
This  appears  in  the  volume  used  for  the  purpose  by  Mr.  Stevens, 
and  which  is  now  in  the  custody  of  the  Xew  Hampshire  Historical 
Society  at  Concord,  N.  II."  See  Mass.  Archives,  Vol.  12().  pp.  7-l(). 
The  coi)y  of  the  first  body  of  instructions  which  is  complete  from  the 
English' Archives  Colonial  Entrv  P>ook,  vol.  (U,  p.  283,  is  printed  in 
1  Laws  X.  II.  1679-1702,  p.  155."  The  additional  instructions  which 
followed  are  printed  in  the  same  volume  as  far  as  they  coidd  be 
obtained.  The  second  commission  drawn  with  reference  to  the  en- 
largement of  his  jurisdiction  and  with  reference  to  other  considera- 
tions suggested  by  the  progress  of  events  was  of  date  April  7,  KiSS. 
It  is  reprinted  in'l  LaAvs  X.  II.  1679-1702,  p.  22(),  the  copy  being  the 
same  as  that  in  Documents  Relating  to  the  Colonial  History  of  the 
vState  of  Xew  York.  vol.  3,  pp.  537-542.  And  in  the  Public  Re(;ord 
office  in  London,  Xew  England,  vol.  XXXIII,  j).  381.  The  instructions 
which  accompanied  the  second  connnissioii  were  dated  April  16,  1688. 


2526  New  Hampshire— 1620— 1776 

They  are  cited  in  the  English  Archives  as  follows: —  New  England, 
Vol.  XXXIII.,  p.  392.  They  have  been  printed  in  the  Documents 
Relating  to  the  Colonial  Historv  of  the  State  of  New  York,  Vol.  III. 
pp.  543-549,  and  in  1  Laws  N.  H.  1679-1702,  p.  234.  The  volume 
last  cited  is  the  only  publication  which  contains  the  Dudley  Com- 
mission and  the  orders  enacted  under  it,  the  first  Andros  Commis- 
sion, the  instructions  under  it,  and  the  acts  j)assed  under  the  authority 
of  that  commission,  the  second  commission  and  the  instructions  ac- 
companying it.  It  appears  that  Mr.  Palfrey  was  not  aware  that  the 
Dudley  Commission  was  extant.  Palfrev,  Hist,  of  New  Eng.  vol.  3, 
p.  485",  N.  4;  1  Laws  N.  H.  1679-1702,  p.  145.  It  is  not  impossible 
that  the  first  series  of  Andros  instructions,  those  of  1686,  appeared 
for  the  first  time  in  an  American  publication  in  1  Laws  N.  H.  1(579- 
1702,  pp.  155,  above  cited.  This  government  came  to  an  end  by 
reason  of  a  colonial  uprising  against  it  April  18,  1689  in  the  first 
war  of  the  reign  of  William  and  Mary.  Editor's  notes,  1  Laws  N.  H. 
1679-1702,  pp.  92-267,  passim.  Many  of  the  authorities  relating  to 
this  period  are  cited  in  these  notes.  One  of  the  most  important  of 
the  recent  additions  to  them  is  the  Correspondence  of  Edward  Ran- 
dolph, edited  by  Robert  Noxon  Toppan.  1898.  The  Admiralty  Com- 
mission of  Sir  Edmund  Andros  has  been  reconstructed  from  docu- 
ments in  the  public  record  office  in  London,  translated  from  the  law 
Latin  and  printed  in  1  Laws  N.  H.  1679-1702,  Appendix  H.  II,  p.  830. 

NEW  HAMPSHIRE  WITHOUT  A  COLONIAL   GOVERNMENT  APRIL   18,   1689  TO 
•   FEBRUARY  20,  1689-90 

This  was  a  period  in  which  New  Hampshire  was  left  by  the  course 
of  external  events  without  a  colonial  government.  None  was  pro- 
vided by  the  home  government  and,  owing  to  a  division  of  sentiment 
in  Hampton,  the  plan  formulated  and  proposed  in  the  province  was 
not  adopted  and  put  in  operation.  The  draft  of  this  proposed  form 
of  government  has  been  recovered  in  recent  years.  It  is  important 
as  indicating  what  views  were  entertained  by  the  j^eople  as  to  what 
the  organic  law  should  be.  This  document  appears  accoinpanied  by 
a  monograph  by  Charles  Wesley  Tuttle  in  his  Historical  Papers, 
Edited  by  Hoyt,  1889,  pp.  197-214.  It  is  reprinted  with  notes,  1 
Laws  N,  H.  1679-1702,  p.  260,  See  also /' Unsettled  State  of  the 
Province  ",  by  Sanniel  Dana  Bell,  8  Collections  New  Hampshire  His- 
torical Society,  p.  396. 

THE  SECOND  I'NION  OF  MASSACHUSETTS  AND  NEW  HAMPSHIRE,  1690-1692 

Accustomed  as  both  colonies  had  been  to  government  under  the 
union  which  had  continued  from  1641  to  1679,  and  profoundly  dissat- 
isfied as  they  were  with  their  experience  with  the  other  governments 
which  had  been  imposed  upon  them  since  1682,  the  reestablishment 
of  the  union  was  not  only  reasonable  and  logical,  but  was  adopted 
with  alacrity  as  soon  as  circumstances  permitted,  A  formal  avowal 
of  the  restoration  of  the  charter  of  1629  and  the  form  of  government 
that  had  grown  out  of  it  was  deemed  impolitic.  The  methods  of 
government  however  that  were  adopted  and  exercised  in  the  period 
of  this  second  union  appear  by  the  record  to  be  essentially  those 
that  were  in  conformity  with  the  former  constitution.     It  was  ordered 


Ne,w  Hampshire— 16^—1776  2527 

by  the  General  Court  that  the  laws  in  force  before  the  inansniration 
of  the  Dudley  Administration  in  1080  should  be  deemed  to  be  the 
laws  of  the  existing  government.  The  assumption  therefore  is  en- 
tirely permissible  tliat  the  organic  h\w  for  the  United  Colonies  in  the 
period  between  February  20, 1090  and  the  spring  of  1()92  was  the  same 
as  that  upon  wliich  the  government  in  the  time  of  the  first  union  was 
based.  Charter  of  Mass.  Bay  Colony,  1029,  1,  Poore's  Constitutions 
and  Charters,  p.  932 ;  1  Laws  N.  II.  1679-1702,  pp.  207-499. 

THE  COMMISSION  OF  SAMUEL,  ALLEN,  GOVERNOR,  INCLUDING  IN  THE  SAME 
DOCUMENT  THAT  OF   JOHN   USHER  AS   LT.    GOVERNOR,    1092-1099 

By  the  commission  of  Samuel  Allen,  dated  March  1,  1091-2,  and 
the  instructions  accomijanying  that  commission,  the  province  of  New 
Hampshire  was  established  as  a  separate  government.  A  great  ma- 
jority of  the  people  of  each  province  were  very  desirous  of  a  continu- 
ance of  the  union  of  Massachusetts  and  Ncav  Hampshire.  The  Ma- 
sonian  interest  however  had  passed  to  the  pro])rietorshii)  of  Samuel 
Allen,  a  London  merchant.  His  influence  was  sufficiently  potent  to 
prevent  the  incorporation  of  the  two  colonies  in  one  government,  and 
to  compass  the  appointment  of  himself  as  Governor  and  his  son-in-law 
as  Lt.  Governor  of  New  Hampshire.  xV  stormy  administration  en- 
sued, and,  although  the  Allen  interest  controlled  the  Courts  and  the 
Council,  the  home  rule  party  by  the  consistent  opposition  of  the 
Assembly  and  by  influences  brought  to  bear  in  the  home  government 
by  the  colonial  agents,  procured  the  appointment  of  a  Lt.  Governor 
in  their  own  interest  in  the  place  of  Usher,  and  so  far  put  the  Allen 
schemes  under  the  ban  that  they  were  never  dominant  in  the  j^rovince 
after  the  expiration  of  Allen's  term  in  1099.  The  Earl  of  Bello- 
mont's  opinion  of  the  Allen  party  is  vigorously  stated  in  his  cor- 
respondence. Note,  1  Laws  N.  H.  1079-1702,  p.  Oil.  Foi-  a  discus- 
cussion  of  the  hardshij)  and  injustice  of  a  separation  of  New  Hamp- 
shire from  Massachusetts  at  this  time,  and  the  imposition  of  the 
burdens  of  a  province  government  upon  a  people  with  such  paucity 
of  numbers  and  resources,  see  Doyle's  English  Colonies  in  America, 
Vol.  II.  p.  329.  This  government  terminated  ^luly  31, 1099.  The  com- 
mission and  instructions  of  Samuel  Allen  are  printed  in  2  Bouton's 
N.  H.  Province  Papers,  p.  57;  1  Laws  N.  H.  1079-1702,  p.  501.  Cor- 
rections of  the  text  are  made  from  the  co])y  of  the  commission  in  the 
public  record  office  in  London.  3  Province  Papers,  corrected  ed., 
U.  S.  Historical  Society. 

THE  COISIMISSION  AND  ADMINISTRATION  OF  RICHARD  EAIU,  OF  ISELLOAIONT 
AS  GOVERNOR  OF  NEW  HAMPSHIRE,  WILLIAM  FARTRIDGK  BEING  LT. 
GOVERNOR  AND  ADMINISTERING  THE  GOVERNMENT  AFTER  THE  DEATH 
OF   THE    GOVERNOR 

An  early  termination  of  the  Allen  Government  in  this  province  was 
foreshadowed  by  the  appointment  of  AVilliam  Partridge  of  the  Anti- 
]\Iasonian-Allen  party  as  Lt.  Governor  by  the  chief  justices  in  the 
absence  of  the  king  on  the  continent  by  a  commission  dated  June  20, 
1090,  and  by  the  commission  of  Kichard,  Earl  of  Bellomont,  to  be 
Governor  which  occurred  June  18,  1097.  The  Governor  did  not  come 
into  the  province  and  assume  the  government  here  until  July  31,  1699 


2528  New  Hampshire— 16 W— 1776 

and  remained  only  eighteen  days.  He  never  retnrned.  His  death 
occurred  March  5,  l701-'i.  Mr.  Partridge  administered  the  govern- 
ment from  the  time  of  the  governor's  departure  from  the  province  in 
August,  1()99,  until  the  assumption  of  government  by  Joseph  Dudley 
under  his  own  commission  July  13,  1702.  The  Earl  of  Bellomont 
also  had  commissions  for  the  government  of  other  colonies  including 
Massachusetts,  Beginning  with  the  Earl  of  Bellomont  the  same  gov- 
ernor was  appointed  for  New  Hampshire  and  Massachusetts  by  the 
successive  commissions  until  1741.  Although  an  appoiiituicnt  for 
Mr.  Usher  as  Lt.  Governor  to  succeed  INIr.  Partridge  in  the  term  of 
Gov.  Dudley  was  procured  by  the  influence  of  the  representatives  of 
the  Allen  title,  that  party  appears  to  have  gradually  lost  mu{;h  of  its 
influence,  and  it  was  never  again  in  control  of  the  governorship  of 
the  province.  Indeed  Lt.  Governor  Usher  was  restrained  by  the  terms 
of  his  commission  from  further  meddling  with  this  business.  1  Laws 
N.  H.  1G79-170-2,  pp.  607-708,  passim.  The  New  Hampshire  Com- 
mission of  Gov.  Bellomont  is  printed  in  2  Bouton  N.  H.  Province 
Papers,  p.  305.  ^  A  manuscript  copy  is  in  the  state  archives.  The  copy 
of  the  instructions  in  the  public  record  office  in  London  is  designated 
as  "  New  England,  vol.  30,  p.  280."'  The  Commission  is  also  printed 
in  1  Laws  N,  H.  1079-1702,  p.  012.  The  Instructions  are  printed  in 
the  same  volume  p.  621,  a  transcript  having  been  procured  from  Lon- 
don for  the  purpose.  The  Commission  of  William  Partridge  to  be 
Lt.  Governor  was  preserved  in  the  files  of  the  province  and  state.  It 
is  printed  in  2  Bouton,  N.  H.  Province  Papers,  p.  259,  and  in  1  Laws 
N.  H.  1679-1702,  p.  515. 

THE    COMMISSION    AND   ADMINISTRATION    OF    JOSEPH    DUDLEY,    1702-1716 

The  Commission  of  Joseph  Dudley  to  be  Governor  of  Ncav  Hamp- 
shire was  dated  April  1,  1702,  and  he  assumed  office  in  the  province 
July  13,  1702.  The  commission  of  his  successor  Elizeus  Burges  was 
dated  Feby.  8th,  1714-15  but  Col.  Burges  never  came  to  his  govern- 
ments in  New  England.  His  relinquishment  of  these  offices  was  pro- 
cured by  Jeremiah  Dummer  and  Jonathan  Belcher  for  the  considera- 
tion of  one  thousand  pounds  sterling.  The  last  appearance  of  Gov- 
ernor Dudley  in  the  Council  or  with  the  Assembly  of  New  Hamp- 
shire was  the  27th  of  April,  1715.  Upon  the  resignation  of  Col. 
Burges,  Col.  Samuel  Shute  was  appointed  governor  over  New  Hamp- 
shire and  Massachusetts  but  did  not  assume  offi.ce  until  Oct.  17,  1716. 
John  Usher  was  recommissioned  as  Lieut.  Governor  of  the  province 
June  10th,  1703.  His  successor  George  Vaughan  was  ajipointed  and 
assumed  the  office  October  13,  1715.  Usher  gave  way  reluctantly  but 
not  with  such  vigorous  resistance  as  he  had  displayed  in  the  former 
administration  when  superseded  by  Partridge.  Governor  Dudley's 
administration  in  New  Hampshire  was  successful  and  satisfactory. 
He  was  in  sympathy  with  the  people,  as  was  Bellomont,  in  their  con- 
test against  the  claims  of  the  Aliens.  A  permanent  salary  was  pro- 
vided for  him  according  to  the  requirements  of  the  Queen's  Instruc- 
tions. His  commission  is  printed  in  2  Bouton's  N.  H.  Province 
Papers,  pp.  300-375.  There  is  also  an  ancient  manuscript  copy  of 
his  commission  and  instructions  in  the  files  of  the  secretary  of  state 
at  Concord.  The  second  connnission  of  John  Usher  as  Lieut.  Gov- 
ernor is  printed  in  2  Bouton  N.  H.  Pro  v.  Papers,  400.     A  copy  is  on 


Xew  Hampshire— 1620— 1776  2529 

file  in  the  office  of  the  secretary  of  state  at  Concord.  The  connni^-^ion 
of  George  Vaiighan  as  Lieut.  Gov.  has  not  l)een  printed.  A  copy  is 
on  file  in  the  office  of  the  secretary  of  state  at  Concord.  Consult 
Farmer's  Belknap  Ch.  XI.  and  XII. 

COMMISSION    OF   ELIZEUS   BURGESS.    1715 

Col.  Elizeus  Burges  was  ai:)pointed  governor  of  the  province  Feb- 
ruarv  8,  1715,  but  resigned  the  office  the  same  year  for  a  considera- 
tion, as  already  stated,  without  coming  to  Xcav  England.  A  copy  of 
his  commission  and  instructions  is  in  the  files  of  the  secretary  of 
state  at  Concord  but  they  have  never  been  j^rinted. 

COMMISSION    AND    ADMINISTRATION    OF    SAMUEL    SHUTE,    1716-1728 

Governor  Shute's  commission  Avas  dated  May  10,  171G.  He  assumed 
office  in  Xew  Hampshire  October  17,  the  same  jqav.  His  personal 
administration  continued  until  June  1,  1723,  when  he  returned  to 
England,  never  afterwards  coming  back  to  his  governments  in  Xew 
England.  He  had  no  successor  in  the  Governorship  until  Governor 
William  Burnet,  who  was  appointed  in  the  spring  of  1728,  assumed 
llie  office  in  the  latter  part  of  the  same  year.  George  Vaughan  was 
Lieut.  Governor  in  the  first  part  of  Gov.  Shute's  administration. 
John  Went  worth  was  appointed  Lieut.  Governor  September  121  h, 
1717  and  assumed  office  Dec.  7th  1717.  He  was  the  sole  administrator 
from  the  departure  of  Governor  Shute  for  home  in  1728  till  the  com- 
ing of  (lovernor  Burnet  into  the  Province  late  in  1728.  The  coui- 
mission  and  instructions  of  Governor  Shute  are  on  file  in  mss.  in  the 
office  of  the  Secretary  of  State  at  Concord.  The  commission  of  Lieut. 
Governor  Wentworth  is  also  on  file,  and  it  has  been  printed  in  2  Bou- 
ton's  X.  H.  Province  Papers  712.  Consult  Farmer's  Belknap  Ch. 
XIII.  and  XIV.  In  this  administration  a  permanent  constitutional 
change  was  efi'ected  by  an  act  of  the  (ilen'l  Assembly  confirmed  by  the 
home  government.  This  was  the  provision  for  the  continuance  of 
each  General  Assembly  for  a  term  of  three  years.  There  was  no 
change  in  this  system  until  the  end  of  the  province  government. 
Farmers  Belknap,  p.  221. 

THE  COMMISSION   AND  ADMINISTRATION   OF  WILLIAM  BURNET,   1728,   1720 

The  Commission  of  Governor  Burnet  is  dated  1728. 

He  died  at  Cambridge  Massachusetts  Sept.  7,  1721).  His  commission 
and  instructions  for  New  Hampshire  are  on  file  at  the  office  of  the 
Secretary  of  State  at  Concord.  On  the  24th  of  Ai)ril.  172S.  th<' 
announcement  of  a  new  commission  to  Lieut.  Governor  Wentworth 
was  made  in  the  House  of  Re|)res('ntatives.  The  Counnissiou  and 
instructions  of  (iovernor  Burnet  have  not  been  printed.  'J'he  (ir-t 
Commission  of  Lt.  (iovernor  AVentwortli  is  print(Hl  as  above  stated; 
the  second  is  not.     Consult  Farmer's  Belknap.     Ch.  XV. 

THE    COMMISSION    AND    ADMINISTRATION    OF    JONATHAN    Hri.c  in:i!. 

1729-1741 

The  Commission  of  Jonathan  Belcher  as  Governor  for  Xew  Hanij>- 
shire  was  dated  December  11.  1729.     He  assumed  office  August  2'">. 
T2."»:' — vor.  ."1 — 07 1.^ 


2530  New  Hampshire— 1620— 1776 

1730.  He  was  the  last  incumbent  of  both  the  Governorship  of  Xew 
Hampshire  and  that  of  Massachusetts.  He  was  succeeded  in  New 
Hampshire  b}'  Benning  Wentworth  who  assumed  office  Dec.  I'i,  1741. 
John  Wentworth  continued  in  office  as  Lieut.  Gov.  in  the  first  part 
of  this  administration.  He  was  succeeded  by  David  Dunbar  whose 
commission  was  dated  and  who  assumed  office  He 

appears  to  have  continued  in  commission  during  Governor  Belcher's 
term  of  office.  His  relations  with  the  Governor  were  such  however 
that  he  was  permitted  little  opportunity  to  act  officially  in  the 
latter^s  stead.  The  Commission  and  instructions  of  Governor  Belcher 
are  on  file  in  the  office  of  the  Secretary  of  State  at  Concord,  but  they 
have  not  been  printed.  The  Commission  of  Lieut.  Gov.  Dunbar  is  also 
on  file  in  the  Secretary's  office  but  it  has  never  been  printed.  Consult 
Farmer's  Belknap,  Ch.  XVI,  XVII,  and  XVIII.  In  this  admin- 
istration there  were  serious  differences  betAveen  the  Governor  and  a 
part  of  his  Council  involving  among  other  things  his  j^rerogative 
as  to  suspension  of  councillors  from  office.  There  was  such  a  serious 
breach  betAveen  him  and  the  House  of  Representatives  also  that  the 
business  of  legislation  was  suspended  for  long  periods.  The  House 
practically  assumed  the  exercise  of  functions  of  government  irre- 
spective of  the  concurrence  of  the  Governor  and  Council  especially 
with  reference  to  subjects  related  to  the  boundary  line  controversy. 
It  is  not  impossible  that  this  attitude  of  the  House  was  viewed  with  a 
degree  of  complacency  in  the  home  government  if  it  did  not  receive 
active  encouragement  from  that  source.  The  GoA^ernor  also  made 
some  progress  in  this  period  in  ascertaining  the  legal  rights  and  rela- 
tions of  the  Lieut.  Governor  in  respect  to  the  assumption  of  poAvers 
of  government  by  him  Avhen  the  Governor  Avas  not  j^ersonally  pres- 
ent in  the  province.  Either  by  express  instructions  from  the  home 
government  or  otherAvise  the  Governor's  contention  seems  to  have 
been  successful. 

THE    COMMISSIOX    AXD    AD:MIXISTRATI0X    OF    BENNIXG    AVENTAVORTH, 

1741-1767 

Benning  "Wentworth  was  commissioned  June  4,  1741.  and  assumed 
office  December  13,  1741.  Subsequent  to  the  Administration  of  Sam- 
uel Alien,  Avhich  terminated  in  1699,  this  Avas  the  first  Commission 
for  the  Governorship  of  Xcav  Hampshire  issued  to  one  who  was 
not  to  be  GoA^rnor  of  Massachusetts  also.  He  Avas  a  son  of  John 
"Wentworth,  the  former  Lieut.  Goa'.,  and  was  succeeded  by  his 
nephcAv  John  WentAvorth  Avho  Avas  commissioned  August  11,  1766 
and  assumed  office  July  30.  1767.  John  Temple  was  appointed  Lieut. 
Gov.  in  the  time  of  Benning  Wentworth's  encumbency  of  the  Gov- 
ernorship. Benning  WentAvorth's  commission  and  instru.ctions  are 
on  file  in  the  office  of  the  Secretary  of  State  at  Concord.  Thev  have 
r.cA'er  been  printed.  Consult  Farmer's  Belknap  Ch.  XIX.-XXIII. 
inc.  A  long  and  determined  contest  took  place  betAveen  the  (xovernor 
and  his  Council  on  the  one  part  and  the  Assembly  on  the  other  over 
two  Constitutional  questions,  the  first  being  Avhether  it  Avas  within 
the  Governor's  prerogatiA'e  to  A^eto  the  election  of  a  speaker  by  the 
House  of  Representatives,  and  the  second  being  whether  it  Avas  the 
prerogative  of  the  Governor  or  the  General  Assembly  to  authorize 


New  Hampshire— 1620— 1776  2531 

newly  constituted  constituencies  to  send  representatives.  This  con- 
flict prevented  the  enactment  of  any  legislation  during  the  entire 
term  of  one  General  Assembly.  The  next  General  Assembly  did  not 
raise  the  issue  over  the  Governor's  warrants  to  the  new  constituencies 
in  question  for  the  election  of  representatives,  and  the  (iovernor  did 
not  assert  the  prerogative  that  he  claimed  as  to  the  rejection  of  a 
speaker  chosen  by  the  House.  The  Governor  procured  additional 
instructions  from  the  home  government  but  while  he  seems  to  have 
sustained  his  position  to  a  certain  extent  the  points  in  issue  were  not 
definitely  determined.     Farmer's  Belknai).  Chap.  XXI. 

THE    COMMISSIOX    AND    ADMIXISTRATIOX    OF    JOHX    WENTWORTH,    ITGT- 

1775 

John  "Wentworth's  commission  as  Governor  of  New  Hampshire 
was  dated  August  11,  176G.  He  assumed  office  July  30,  17G7.  He 
was  the  last  royal  Governor  for  the  province.  His  administration 
ended  with  his  departure  on  the  English  warship  Scarborough  from 
Portsmouth  August  24,  1775.  His  commission  and  instructions  are 
on  file  in  the  office  of  the  Secretary  of  State  at  Concord.  His  com- 
mission as  Governor  is  printed  in  the  edition  of  the  province  laws  of 
1771  (second  paper  in  the  book)  and  his  commission  as  Admiral 
appears  in  the  same  volume  (third  j^aper  in  the  book.)  Consult 
Farmer's  Belknap,  Ch.  XXIV. 

Near  the  close  of  his  administration  the  right  of  the  Governor  to 
empower  new  constituencies  to  elect  representatives  to  the  General 
Assembly  Avas  brought  in  issue  but  for  obvious  reasons  it  was  not 
possible  for  him  to  contest  the  issue  with  that  persistence  which  char- 
acterized the  attitude  of  Benning  Wentworth  on  the  same  subject. 
Farmer's  Belknap,  p.  357. 

The  commission  and  instructions  of  John  AVentworth  complete  a 
series  of  documents  which  contain  the  written  constitutions  accorded 
to  this  province  by  the  Crown  from  its  organization  under  John 
Gutt  in  IGSO  to  1775.  Apart  from  the  exceptional  conditions  which 
existed  between  the  termination  of  the  Cranfield  government  in  IGSii 
and  the  restoration  of  the  separate  ])rovince  government  in  1002  the 
development  of  what  may  be  considered  as  the  organic  law  of  the 
province  ])roceeded  on  natural  and  logical  lint's  from  the  beginning 
to  the  end.  The  sequence  of  commission.s  and  instructions  Avhich 
embodied  this  fundamental  law  of  course  in  one  sense  lacked  the 
element  of  ])ermanencv.  Yet  the  modifications  of  the  system  were 
for  the  most  part  neither  violent  nor  radical.  They  would  be  re- 
garded in  the  retrospect  as  such  as  the  changing  conditions  and 
necessities  of  the  people  and  province  would  make  necessary.  Beyond 
this,  however,  was  the  ever  present  supervisory  authority  of  the  home 
government  with  its  own  policies  interests  and  j)urposes  impressed 
u|)on  the  substance  of  the  commissions  and  instructions  as  they  were 
pronndgated  from  time  to  lime  during  this  j)eriod  of  almost  a 
centiu'y  in  the  constitutional  develo])nient  of  the  province. 

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