fSii TZIE AMERICAN'S GUIDE: COMPRISING THE DECLARATION OP INDEPENDENCE ; THE ARTICLES OF CONFEDERATION ; THE CONSTITUTION OP THE UNITED STATES, CONSTITUTIONS OF THE SEVERAL STATES COMPOSING THE UNION. MAINE, MASSACHUSETTS, NEW HAMPSHIRE, VERMONT, RHODE ISLAND, CONNECTICUT, NEW YORK, NEW JERSEY, PENNSYLVANIA, DELAWARE, MARYLAND, VIRGINIA, NORTH CAROLINA, SOUTH CAROLINA, GEORGIA, KENTUCKY, TENNESSEE, OHIO, INDIANA, LOUISIANA, MISSISSIPPI, ILLINOIS, ALABAMA, MISSOURI, MICHIGAN, ARKANSAS. PHILADELPHIA: HOGAN & THOMPSON, 30 NORTH FOURTH ST. 1845. THE UNITED STATES. H resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President ; and the Congress may by law provide for the case of removal, death, resignation, or ina- bility, both of the President and Vice President, declaring vi'hat officer shall then act as President ; and such officer shall act accordingly, until the disability be removed or a President shall be elected. 7. Tlie President shall, at stated times, receive for his services a com- pensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office, he shall take the following oath or affirmation : — " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the constitution of the United States." SECTIOJT II. 1. The President shall be commander-in-chief of the army and navy of the United States and of the militia of the several states, when called into the actual service of the United States ; he may require the opinion in writing of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective othces ; and he shall have power to grant reprieves and pardons for oflences against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present, concur : and he shall nominate, and by and with the advice and con- sent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein othei-wise provided for, and which shall be established by law. But the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of their next session. SECTiosr HI. 1. He shall, from time to time, give to Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them ; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed ; and shall com- mission all the olficers of the United States. 18 CONSTITUTION OF SECTION IV. 1. The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. ARTICLE ni. Of the Judiciary. SECTION I. 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may, from time to time order and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour; and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. SECTION II. 1. The judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; to all cases affecting ambassadors, other public ministers, and consuls ; to all cases of admiralty and maritime jurisdiction ; to controversies tQ which the United States shall be a party ; to controversies between two or more states ; between a state and citizens of another state ; between citizens of different states ; between citizens of the same state claiming lands under grants of different states ; and between a state, or the citi- zens thereof and foreign states, citizens, or subjects. 2. In all cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the state where the said crimes shall have been committed ; but when not committed within any state, the trial shall be at such place or places as Congress may by law have directed. SECTION III. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or confession in open court. 2. Congress shall have power to declare the punishment of treason ; but no attainsler of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. INDEX. Alabama, 332 Connecticut, 102 Delaware, 14) Georgia, 214 Illinois, 317 Indiana, 273 Kentucky, 226 Louisiana, 290 Maine, 19 Maryland, 159 Massachusetts, 33 Mississippi, 303 Missouri, 350 New Hampshire, ^ 62 New Jersey, 124 New York, 112 North Carolina, 190 Ohio, 261 Pennsylvania, 128 Rhode Island, Charter of, 92 South CaroUna, 204 Tennessee, 242 United States, , 5 Vermont, 81 Virginia, 179 Michigan 38 1 Arkansas 393 Appkitdix 369 AMERICAN CONSTITUTIONS. CONSTITUTION OF MAINE. We, the people of Maine, in order t© establish justice, ensure tran- quillity, provide for our natural defence, promote our common welfare, find secure to ourselves and our posterity the blessings of liberty, ac- knowledging, with grateful hearts, the goodness of the Sovereign Ruler of the Universe in affording us an opportunity so favourable to the de- aign ; and imploring his aid and direction in its accomplishment, do agree to form ourselves into a free and independent state, by the style and title of the State of Maine, and do ordain and establish the follow- ing Constitution for the government of the same : ABTICLE 1. Declaration of Bights. § 1. All men are bom equally free and independent, and have cer- tain natural, inherent, and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happi- ness. 2. All power is inherent in the people ; all free governments are founded in their authority, and instituted for their benefit : they have, therefore, an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it. 3. All men have a natural and imalienable right to worship Almighty God according to the dictates of their own consciences, and no one shall be hurt, molested, or restrained in his person, liberty, or estate, for worshipping God in the manner and season most agreeable to the dic- tates of his own conscience, nor for his religious professions or senti- ments, provided he does not disturb the public peace, nor obstruct others in their religious worship ; — and all persons demeaning them- selves peaceably, as good members of the state, shall be equally under the protection of the laws, and no subordination nor preference, of any one sect or denomination to another, shall ever be established by law, nor shall any religious test be required as a qualification for any office or trust under this state ; and all religious societies in this state, whe- ther incorporate, or unincorporate, shall at all times have the exclusive right of electing their public teachers, and contracting with them f«r their support and maintenance. 19 20 CONSTITUTION OF 4. Every citizen may freely speak, write, and publish his sentiments on any sabject, being responsible for the abuse of this liberty. No laws shall be passed regulating or restraining the freedom of the press ; and, in prosecutions for any publication respecting the official conduct of men in public capacity, or the qualifications of those who are candi- dates for the suffrages of the people, or where the matter published is proper for public information, the truth thereof may be given in evi- dence ; and in all indictments for libels, the jury, after having received the direction of the court, shall have a right to determine, at their dis- cretion, the law and the fact. 5. The people shall be secure in their persons, houses, papers, and possessions from unreasonable searches and seizures ; and no warrant to search any place, or seize an person or thing, shall issue without a special designation of the place to be searched, and the person or thing to be seized, nor without probable cause, supported by oath or affirmation. 6. In all criminal prosecutions, the accused shall have a right to he heard by himself and his counsel, or either, at his election : to demand the nature and cause of the accusation, and have a copy thereof : To be confronted by the witnesses against him : To have compulsory process for obtaining witnesses in his favour : To have a speedy, public, and impartial trial ; and, except in trials by martial law or impeachment, by a jury of the vicinity. He shall not be compelled to furnish or give evidence against himself, nor be deprived of his life, liberty, property, or privileges, but by judgment of his peers, or the law of the land. 7. No person shall be held to answer for a capital or infamous crime, unless on a presentment or indictment of a grand jury, except in cases of impeachment, or in such cases of offences as are usually cognizable by a justice of the peace, or in cases arising in the army or navy, or in the militia when in actual service, in time of war or public danger. The legislature shall provide by law a suitable and impartial mode of selecting juries; and their usual number and unanimity, in indictments and convictions, shall be held indispensable. 8. No person for the same offence shall be twice put in jeopardy of life or limb. 9. Sanguinary laws shall not be passed ; all penalties and punish ments shall be proportioned to the offence ; excessive bail shall not be required nor excessive fines imposed, nor cruel nor unusual punish- ments inflicted. 10. All persons, before conviction, shall be bailable except for capital offences, where the proof is evident, or the presumption great ; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rei)ellion or invasion the public safety may require it. 11. The legislature shall pass no bill of attainder, ex post facto law, nor law impairing the obligation of contracts, and no attainder shall work corruption of blood nor forfeiture of estate. 12. Treason against this state shall consist only in levying war against it, adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or confession in open court. 13. The laws shall not be suspended, but by the legislature or its authority. MAINE. 21 14. No person shall be subject to corporal punishment under mili- tary law, except such as are employed in the army or navy, or in the militia when in actual service, in time of war, or public danger. 15. The people have a right, at all times, in an orderly and peacea- ble manner, to assemble and consult upon the common good, to give instructions to their representatives, and to request of either department of the government, by petition or Temonstrance, redress of their wrongs and grievances. 16. Every citizen has a right to keep ard bear arms for the common defence ; and this right shall never be qw ^tioned. 17. No standing army shall be kept ur jn time of peace, without the consent of the legislature ; and the miUt /y shall, in all cases, and at all times, be in strict subordination to the c n\ power. 18. No soldier shall, in time of pea »e, be quartered in any house, without the consent of the owner or occupant, nor in time of war, biit in a manner to be prescribed by law. 19. Every person for an injury done him in his person, reputation, property, or immunities, shall have remedy by due course of law ; and right and justice shall be administered freely and without sale, com- pletely and without denial, promptly and without delay. 20. In all civil suits, and in ah controversies concerning property, the parties shall have a right to a aial by jury, except in cases where it has heretofore been otherwise practised : the party claiming the right may be heard by himself and his counsel, or either, at his election. 21. Private property shall not be taken for public uses without just compensation ; nor unless the public exigencies require it. 22; No tax or duty shall be imposed without the consent of the peo- ple or their representatives in the legislature. 23. No title of nobility or hereditary distinction, privilege, honour, or emolument, shall ever be granted or confirmed ; nor shall any office be created, the appointment to which shall be for a longer time than during good behaviour. 24. The enumeration of certain rights shall not impsdr nor deny others retained by the people. ARTICLE 2. Electors. § 1. Every male citizen of the United States, of the age of twenty- one year* and upwards, excepting paupers, persons under guardianship, and Indians not taxed, having his residence established in this state for the terra of three months nex t preceding any election, shall be an elec- tor for governor, senators, anc'l representatives, in the town or planta- tion v/liere his residence is sc established, and the elections shall be by writt»-Ti ballot. But persons in the military, naval, or marine service ot the United States, or this sta ie, shall not be considered as having obtain- ed such established resider ce by being stationed in any garrison, bar- rack, or military place, in any town or plantation : nor shall the resi- dence of a student at any t eminary of learning entitle him to the right of suffrage in the town < r plantation where such seminary is estab- lished. 2. Electors shall, in all la'es except treason, felony, or breach of tb CONSTITUTION OF peaxie, be privileged from arrest on the days of election, during their attendance at, going to, and returning therefrom. 3. No elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger. 4. The election of governor, senators, and representatives shall be on the second Monday of September, annually, for ever. ARTICLE 3. Distribution of Powers. § 1. The powers of this government shall be divided into three dis- tinct departments, the legislative, executive, and judicial. 2. No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted, AKTICLE 4. PART THE FIRST. Legislative Poxoer — Hotise of Representatives. § 1. The legislative power shall be vested in two distinct branches ; a house of representatives and a senate, each to have a negative on the other ; and both to be styled, the Legislature of Jifaine : and the style of their acts and laws shall be, " Be it enacted by the Senate arid House of Representatives in Legislature assembled." 2. The house of representatives shall consist of not less than one hundred, nor more than two hundred members, to be elected by the qualified electors for one year from the next day preceding the annual meeting of the legislature — which shall first be convened under this constitution, shall, on or before the fifteenth day of August, in the year of our Lord one thousand eight hundred and twenty-one, and the legis- lature within every subsequent period of at most ten years, and at least five, cause the number of the inhabitants of the state to be ascertained, exclusive of foreigners not naturalized, and Indians not taxed. The number of representatives shall, at the several periods of making such enumeration, be fixed and apportioned among the several counties, as near as may be, according to the number of inhabitants, having regard to the relative increase of population. The number of representatives shall, on said first apportionment, be not less than one hundred nor more than one hundred and fifty ; and whenever the number of repre- sentatives shall be two hundred, at the next annual meetings of elec- tions, which shall thereafter be had, and at every subsequent period of ten years, the people shall give in their votes whether the number of representatives shall be increased or diminished ; and if a majority of votes are in favour thereof, it shall be the duty of the next legislature thereafter to increase or diminish the number by the rule hereinafter prescribed. 3. Each tovsm having fifteen hundred inhabitants may elect one re- presentative ; each town having three thousand seven himdred and fifty may elect two ; each town having six thousand seven hundred and fifty may elect three ; each town having ten thousand five hundred may elect four ; each town having fifteen thousand may elect five ; each town having twenty thousand two hundred and fifty may elect six ; MAINE. 23 each town having twenty-six thousand two hundred and fifty inhabi- tants may elect seven ; but no town shall ever be entitled to more than seven representatives ; and towns and plantations, duly organized, not having fifteen hundred inhabitants, shall be classed, as conveniently as may be, into districts, containing that number, and so as not to divide towns ; and each such district may elect one representative ; and when on this apportionment, the number of representatives shall be two hun- dred, a different apportionment shall take place upon the above princi- ple ; and, in case the fifteen hundred* shall be too large or too small to apportion all the representatives to any county, it shall be so increased or diminished as to give the number of representatives according to the above rule and proportion ; and whenever any town or towns, plantation or plantations, not entitled to elect a representative, shall determine against a classification with any other town or plantation, the legisla- ture may, at each apportionment of representatives, on the appUcation of such town or plantation, authorize it to elect a representative for such portion of time, and such periods, as shall be equal to its portion of re- presentation, and the right of representation, so established, shall not be altered until the next general apportionment. 4. No person shall be a member of the house of representatives, un- less he shall, at the commencement of the period for which he is elected, have been five years a citizen of the United States ; having arrived at the age of twenty-one years ; have been a resident in this state one year, or from the adoption of this constitution ; and, for the three months next preceding the time of his election, shall have been, and during the period for which he is elected, shall continue to be, a resident in the town or district which he represents. 5. The meetings for the choice of representatives shall be warned, in due course of law, by the selectmen of the several towns, seven days, at least, before the election ; and the selectmen thereof shall preside im- partially at such meetings, receive the votes of all the qualified electors present, sort, count, and declare them, in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the selectmen, and in open town meeting ; and a fair copy of this list shall be attested by the selectmen and town clerk, and delivered by said selectmen to each representative within ten days next after such election. And the towns and planta- tions, organized by law, belonging to any class herein provided, shall hold their meetings at the same time in the respective towns and plan- tations ; and the town and plantation meetings in such towns and plan- tations, shall be notified, held, and regulated, the votes received, sorted, counted, and declared, in the same manner. And the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have, and are subject to, by this constitution. And the selectmen of such towns, and the assessors of such plantations so classed, shall, within four days next after such meet- ing, meet at some place, to be prescribed and notified by the selectmen or assessors of the eldest town or plantation in such class, and the copies of said lists shall be then examined and compared ; and, in case any person shall be elected by a majority of all the votes, the selectmen or assessors shall deliver the certified copies of such lists to the person 24 CONSTITUTION OF 60 elected, within ten days next after such election ; and the clerks of towns and plantations, respectively, shall seal up copies of all such lists, and cause them to be delivered into the secretary's office twenty days at least before the first Wednesday in January, annually ; but, in case no person shall have a majority of votes, the selectmen and assessors shall, as soon as may be, notify another meeting, and the same proceedings shall be at every future meeting until an election shall have been effect- ed, provided, that the legislature may, by law, prescribe a different moda of returning, examining, and ascertaining the election of the representa lives in such classes. 6. Whenever the seat of a member shall be vacated, by death, resig nation, or otherwise, the vacancy may be filled by a new election. 7. The house of representatives shall choose their speaker, clerk, and other officers. 8. The house of representatives shall have the sole power of impeach- ment. AETICLE 4. PART SECOND. Senate. § 1. The senate shall consist of not less than twenty, nor more than thirty-one members ; elected at the same time, and for the same term, as the representatives, by the qualified electors of the districts into which the state shall, from time to time, be divided. 2. The legislature which shall be first convened under this constitu- tion shall, on or before the fifteenth day of August, in the year of our Lord one thousand eight hundred and twenty-one, and the legislature at every subsequent period of ten years, cause the state to be divided into districts for the choice of senators. The district shall conform, as near as may be, to county lines, and be apportioned according to the number of inhabitants. The number of senators shall not exceed twenty at the first apportionment, and shall, at each apportionment, be increased, until they shall amount to thirty-one, according to the increase in the house of representatives. 3. The meetings for the election of senators shall be notified, held, and regulated, and the votes received, sorted, counted, declared, and re- corded, in the same manner as those for representatives. And fair copies of the lists of votes shall be attested by the selectmen and town clerks of towns, and the assessors and clerks of plantations, and sealed up in open town and plantation meetings, and the town and plantation clerks, respectively, shall cause the same to be delivered into the secretary's office, thirty days at least before the first Wednesday of January. All other qualified electors, living in places unincorporated, who shall be as- sessed to the support of government by the assessors of an adjacent town, shall have the privilege of voting for senators, representatives, and governor, in such town, and shall be notified by the selectmen thereof, for the purpose, accordingly. 4. The governor and council shall, as soon as may be, examine re- turned copies of such lists, and, twenty days before the said first Wed- nesday of January, issue a summons to such persons as shall appear to be elected by a majority of the votes in each district, to attend that day and take their seats. MAINE, 2b 5. The senate shall on the said first Wednesday of January, annually, detennine who are elected by a majority of votes to be senators in each district ; and, in case the full number of senators to be elected from each district shall not have been so elected, the members of the house of re- presentatives, and such senators as shall have heen elected, shall, from the highest number of the persons voted for, on said lists, equal to twice the number of senators deticient, in every district if there be so many voted for, elect, by joint ballot, the number of senators required ; and in this manner all vacancies in the senate shall be supplied, as soon as may be, after such vacancies happen. 6. I'he senators shall be twenty-five years of age at the commence- ment of the term for which they are elected, and in all oilier respects their qualifications shall be the same as those of the representatives, 7. The senate shall have the sole power to try all impeachments ; and, when sitting for that purpose, shall be on oath or affirmation ; and no person shall be convicted Avithout the concurrence of two-thirds of the members present. Their judgment, however, shall not extend further than to removal from office, and disqualification to hold or enjoy any office of honour, trust, or profit under this state ; but the party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law. 8. The senate shall choose their president, secretary, and other offi ARTICLE 4. PART THIRD, Legislative Potver. § 1. The legislature shall convene on the first Wednesday of Janu- ary, annually, and shall have full power to make and establish all rea- sonable laws and regulations for the defence and benefit of the people of this state, not repugnant to tliis constitution, nor to that of the United States. 2. Every bill or resolution, having the force of law, to which the con- currence of both houses may be necessary, except on a question of ad- journment, which shall have passed both houses, shall be presented to the governor, and if he approve, he shall sign it ; if not, he shall return it, with his objections, to the house in which it shall have originated, who shall enter the objections at large on its journals, and proceed to re- consider it. If, after such reconsideration, two-thirds of that house shall agree to pass it, it shall be sent, together with the objections, to the other house, by which it shall be reconsidered ; and, if approved by two-thirds of that house, it shall have the same eflcct as if it had been signed by the governor ; but, in all such cases, the votes of both houses shall be talcen by yeas and nays, and the names of the persons voting for and against the bill or resolution, shall be entered on the journals of both houses, re- spectively. If the bill or resolution shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, it shall have the same force and effect as if he had signed it ; un- less the legislature by their adjourmnent prevent its return, in which case it shall have such force and effect, unless returned within three days after their next meeting. 3. Each house shall be the judge of the elections and qualifications of C 26 CONSTITUTION OF Its own members, and a majority shall constitute a quorum to do busi- ness ; but a smaller number may adjourn from day to day, and may com- pel the attendance of absent members, in such manner and under such penalties as each house shall provide. 4 Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two- thirds, expel a member, but not a second time for the same cause. 5. Each house shall keep a journal, and from time to time publish its proceedings, except such parts as, in their judgment, may require secresy ; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the jour- nals. 6. Each house, during its session, may punish, by imprisonment, any person, not a member, for disrespectful or disorderly behaviour in ite presence; for obstructing any of its proceedings ; threatening, assaulting, or abusing any of its members for any thing said, done, or doing, in either house : Provided, that no imprisonment shall extend beyond the period of the same session 7. The senators and representatives shall receive such compensation as shall be established by law ; but no law increasing their compensa- tion shall take effect during the existence of the legislature which enacted it. The expenses of the members of the house of representa- tives in travelling to the legislature and returning therefrom, once in each session, and no more, shall be paid by the state, out of the public treasury, to every member who shall seasonably attend, in the judg- ment of the house, and does not depart therefrom without leave. 8. The senators and representatives shall, in all cases, except trea son, felony, or breach of the peace, be privileged from arrest during their attendance at, going to, and returning from each session of the legislature, and no member shall be liable for any thing spoken in de- bate in either house in any court or place elsewhere. 9. Bills, orders, or resolutions may originate in either house, and may be altered, amended, or rejected in the other; but all bills foi raising a revenue shall originate in the house of representatives, but the senate may propose amendments, as in other cases ; provided, thai they shall not, under colour of amendment, introduce any new matter, which does not relate to raising a revenue. 10. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this state, which shall have been created, or the emoluments of which increased during such term, except such offices as may be filled by elec- tions by the people : provided that this prohibition shall not extend to the members of the first legislature. 11. No member of congress, nor person holding any office under the United States, (post officers excepted,) nor office of profit under this state, justices of the peace, notaries public, coroners, and officers of the militia, excepted, shall have a seat in either house during his being such member of congress, or his continuing in such office. 1 2. Neither house shall, during the session, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the houses shall be sitting. MAINE. 27 ARTICLE 5. PART FIRST. Executive Po-wer. § 1. The supreme executive power of this state shall be vested in a governor. 2. The governor shall be elected hjt the qualified electors, and shall hold his office one year, from the first Wednesday of January in each year. 3. The meetings for election of governor shall be notified, held, and regulated, and votes shall be received, sorted, counted, declared, and re- corded, in the same manner as those for senators and representatives. They shall be sealed and returned into the secretary's office in the same manner, and at the same time, as those for senators. And the secretary of state for the time being shall, on the first Wednesday of January then next, lay the lists before the senate and house of representatives, to be by them examined ; and, in case of a choice by a majority of all the votes returned, they shall declare and publish the same. But if no person shall have a majority of votes, the house of representatives shall, by ballot, from the persons having the four highest numbers of votes on the list, if so many there be, elect two persons, and make return of their names to the senate, of whom the senate shall, by ballot, elect one, who shall be declared the governor. 4. The governor shall, at the commencement of his term, be not less than thirty years of age ; a natural bom citizen of the United States ; have been five yeeirs, or from the adoption of this constitution, a re- sident of the state ; and, at the time of his election, and during the term for which he is elected, be a resident of said state. 5. No person holding any office or place under the United States, this state, or any other power, shall exercise the office of governor. 6. The governor shall, at stated times, receive for his services a com- pensation, which shall not be increased or diminished during his con- tinuance in office. 7. He shall be commander-in-chief of the army and navy of the state, and of the militia, except when called into the actual service of the United States ; but he shall not march nor convey any of the citizens out of the state without their consent, or that of the legislature, unless it shall become necessary, in order to march or transport them from one part of the state to another, for the defence thereof. 8. He shall nominate, and, with the advice and consent of the coun- cil, appoint, all judicial officers, the attorney general, the sheriff, coro- ners, registers of probate, and notaries public ; and he shall also nomi- nate, and with the advice and consent of the council, appoint, all other civil and military officers whose appointment is not, by this constitu- tion, or shall not by law, be otherwise provided for ; and every such nomination shall be made seven days at least prior to such appointment. 9. He shall, from time to time, give the legislature information of the condition of the state, and recommend to their consideration such mea- sures as he may judge expedient. 10. He may require information from any military officer, or any officer in the executive department, upon any subject relating to the duties of their respective offices. li. He shall have power, with the advice and consent of the council 28 C0N8TITUTI0N OF to remit, after copviction, all forfeitures and penalties, and grant re. prieves and pardons, except in cases of impeachment. 12. He shall take care that the laws be faithfully executed. 13. He may, on extraordinary occasions, convene the legislature ; and, in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the day of the next annual meeting ; and if, since their last adjoiurnment, the place where the legislature were next to convene shall have became dangerous from an enemy, or contagious sickness, may direct the session to be held at some other convenient place within the state. 14. Whenever the ofSce of governor shall become vacant by death, resignation, removal from office, or otherwise, the president of the se- nate shall exercise the office of governor until another governor shall be duly qualified ; and, in c£tse of the death, resignation, removal from office, or other disqualification of the president of the senate, so ex- ercising the office of governor, the speaker of the house of representa- tives shall exercise the office, until a president of the senate shall have been chosen ; and when the office of governor, president of the senate, and speaker of the house shall become vacant, in the recess of th« senate, the person acting as secretary of state for the time being shall, by proclamation, convene the senate, that a president may be chosen to exercise the office of governor. And whenever either the president of the senate or speaker of the house shall so exercise said office, he shall receive only the compensation of governor, but his duties as president or speaker shall be suspended ; and the senate or house shall fill the vacancy, until his duties as governor shall c«ase. ABTICLE 5. PART SECOITD. CounciL § 1. There shall be a council, to consist of seven persons, citizens of the United States, and residents of this state, to advise the governor in the executive part of the government, whom the governor shall have frill power, at his discretion, to assemble ; and he, with the counsellors or a majority of them, may, from time to time, hold and keep a council, for ordering and directing the affairs of state according to law. 2. The counsellors shall be chosen annually, on the first Wednesday of January, by joint ballot of the senators and representatives in con- vention ; and vacancies which shall afterwards happen shall be filled in the same manner ; but not more than one counsellor shall be elected from any district prescribed for the election of senators ; and they shall be privileged from arrest in the same manner a^ senators and represen- tatives. 3. The resolutions and advice of council shall be recorded in a regis- ter, and signed by the members agreeing thereto, which may be called for by either house of the legislature ; and any counsellor may enter his dissent to the resolution of the majority. 4. No member of congress, or of the legislature of this state, nor any person holding any office under the United States, (post officers ex- cepted,) nor any civil officers under this state, (justices of the peace and notaries public excepted,) shall be counsellors. And no counselloi MAINE. 29 shall be appointed to any office during the time for wliich he shall have been elected. ARTICLE 5. PAUT THIRH, Secretary, § I. The secretary of state shall be chosen annually, at the first ses- *ion of the legislature, by joint ballot of the senators and representatives in convention. 2. The records of the state shall be kept in the office of the secre- tary, who may ippoint his deputies, for w^hose conduct he shall be iccountable. 3. He shall attend tlie governor and council, senate and house of re- presentatives, in person, or by his deputies, as they shall respectively require. 4. He shall carefully keep and preserve the records of all the official acts and proceedings of the governor and council, senate, and house of representatives, and, when required, lay the same before either branch of tiie legislature, and perform such other duties as are enjoined by this constitution, or shall be required by law. ARTICLE 5.^PART FOURTH. Treasurer. § 1. The treasurer shall be chosen annually, at the first session of the legislature, by joint ballot of the senators and representatives in con- vention, but shall not be eligible more than five years successively. 2. The treasurer shall, before entering on the duties of his office, give bond to the state, with sureties, to the satisfaction of the legislature, for tlie faithful discharge of his trust. 3. The treasurer shall not, during his continuance in office, engage in any business of trade or commerce, or as a broker, nor as an agent or factor for any merchant or trader. 4. No money shall be drawn from the treasury, but by warrant from the governor and council, and in consequence of appro[)riations made by law ; and a regular statement and account of the receipts and expen- ditures of all public money shall be published at the conmiencement of tJie annual session of the legislature. ARTICLE 6. Judicial Poiver. § 1. The judicial power of this state shall be vested in a supreme ju- dicial court, and such other courts as the legislature shall, from time to time, establish. 2. The justices of the supreme judicial court shall, at stated times, receive a compensation, which shall not be diminished during their con- tinuance in office, but they shall receive no other fee or reward. 3. They shall be obliged to give their opinion upon important ques- tions of law, and upon solemn occasions, when required by the governor, council, senate, or house of representatives. 4. All judicial officers, except justices of the peace, shall hold their 30 CONSTITUTION OF offices during good behaviour, but not beyond the age of seventy years. 5. Justices of the peace and notaries public shall hold their offices during seven years, if they so long behave themselves well, at the ex- piration of which term, they may be re-appointed, or others appointed, as the public interest may require. 6. The justices of the supreme judicial court shall hold no office un- der the United States, nor any state, nor any other office under this state, except that of justice of the peace. ABTICLi: 7. JW,litary. § 1. The captains and subalterns of the militia shall be elected by the written votes of the members of their respective companies. The tield officers of regiments by the written votes of the captains and subalterns of their respective regiments. The brigadier-generals, in like manner, by the field officers of their respective brigades. 2. The legislature shall, by law, direct the manner of notifying the electors, conducting the elections, and making the returns to the governor of the officers elected ; and if the electors shall neglect or refuse to make such elections, after being duly notified according to law, the governor shall appoint suitable persons to fill such offices. 3. The major-general shall be elected by the senate and house of representatives, each having a negative on the other. The adjutant-gen- eral and quartermaster-general shall be appointed by the governor and- council ; but the adjutant-general shall perform tlie duties of quarter- master-general, until otherwise directed by law. The major-generala and brigadier-generals, and the commanding officers of regiments and battalions, shall appoint their respective stalf officers ; and all military officers shall be commissioned by the governor. 4. The militia, as divided into divisions, brigades, regimt^nts, battalions, and companies, pursivant to the laws now in force, shall remain so organized, until the same shall be altered by the legislature. 5. Persons of the denomination of quakers and shakers, justices of the supreme judicial court, and ministers of the gospel, may be exempted from military duty ; but no other person, of the age of eighteen and under the age of forty-five years, excepting officers of the militia who have been honourably discharged, shall be so exempted, unless he shall pay an equivalent, to be fixed by law. ARTICLE 8. Literature. A general diffusion of the advantages of education being essential tor the preservation of the rights and liberties of the people ; to promote this important object, the legislature are authorized, and it shall be their duty, to require the several towns to make suitable provision, at then own expense, for the support and maintenance of public schools ; and it shall further be their duty to encourage and suitably endow, from time to time, as the circumstances of the people may authorize, all Ecademies, colleges, and seminaries of learning. wiUiin the stale : pro- MAINE. 31 vided, that no donation, grant, ot endowment, shall at any time be made by the legislature, to any literary institution now established, or which may hereafter be established, unless at the time of making such endow- ment, the legislature of the state shall have the right to grant any further powers to alter, hmit, or restrain any of the powers vested in any such literary institution, as shall be judged necessary to promote the best in- terests thereof. ARTICLE 9. General Provisions. § 1. Every person elected or appointed to either of the places or offices provided in this constitution, and every person elected, appointed, or commissioned, to any judicial, executive, military, or other office under this state, shall, before he enter on the discharge of the duties of his place or office, take and subscribe the following oath or affirmation : " I, , do swear, that I will support the constitution of the United States and of this state, so long as I shall contume a citizen thereof. So help me God." " I, , do swear, that I will faithfully discharge, to the best of my abilities, the duties incumbent on me as , according to the constitution and the laws of the state : so help me God :" provided, that an affirmation in the above forms may be substituted, when the persons shall be conscientiously scrupulous of taking and subscribing an oath. The oatlis or affirmations shall be taken and subscribed by the gover- nor and counsellors before the presiding officer of the senate, in the presence of both houses of the legislature, and by the senators and representatives before the governor and council, and by the residue of said officecs before such person as shall be prescribed by the legislature ; and, whenever the governor or any counsellor shall not be able to attend, during the session of the legislature, to take and subscribe said oaths or athrmations, such oaths or affirmations may be taken and subscribed, in the recess of the -legislature, before any justice of the supreme judicial court : provided, that the senators and representatives first elected under this constitution shall take and subscribe such oaths or affirmations, be- fore the president of the conveiiition. 2. No person holding the office of justice of the supreme judicia. court, or of any inferior court, attorney-general, county attorney, trea^ surer of the state, adjutant-general, judge of probate, register of probate register of deeds, sheriffs or their deputies, clerks of the judicial courts, shall be a member of the legislature ; and any person holding either of the foregoing offices, elected to and accepting a seat in the congress of the United States, shall thereby vacate said office ; and no person shall be capable of holding or exercising, at the same time, within this state, more than one of the offices before mentioned. 3. All commissions shall be in the name of the state, signed by the governor, attested by the secretary or his deputy, and have the seal of the state thereto affixed. 4. And in case the elections required by this constitution on the first Wednesday of January, annually, by the two houses of the legislature, shall not be completed on that day, the same may be adjourned from day to day until completed, in the following order : the vacancies in the 32 CONSTITUTION OF senate shall first be filled ; the governor shall then be elected, if tnere be nc choice by the people : and, afterwards, the two houses shall elect the council. 5. Every per«!on holding any civil office under this state may be re- moved, by impeachment, for misdemeanor in office ; and every person holding any office may be removed by the governor, with the advice of the council, on the address of both branches"of the legislature. But^ before such address shall pass either house, the causes of removal shal be stated and entered on the journal of the house in which it originated, and a copy thereof served on the person in office, that he may be admit- ted to a hearing in his defence. 6. The tenure of all offices, which are not or shall not be otherwise provided for, shall be during the pleasure of the governor and council. 7. While the public exp3nses shall be assessed on polls and estates, a general valuation shall be taken at least once in ten years. 8. All taxes upon real estate, assessed by authority of this state, shall be apportioned and assessed equally, according to the just value thereof. AUTICLE 10. Schedule, § 1. The first legislature shall meet on the last Wednesday in Maj next. The elections on the second Monday in September, annually shall not commence until the year one thousand eight hundred and twenty-one, and, in the mean time the election for governor, senators and representatives, shall be on the first Monday in April, in the year of our Lord one thousand eight hundred and twenty ; and at this election the same proceedings shall be had as are required at the elections pro- vided for in this constitution, on the second Monday in September, annu- ally, and the lists of the votes for the governor and senators shall be transmitted by the town and plantation clerks^*respectively, to the secre- tary of state pro tempore, seventeen days at least before the last Wednes- day in May next ; and the president of the convention shall, in presence of the secretary of state, ///-o tempore, open and examine the attested copies of said lists, so returned for senators, and shall have all the pow- ers, and be subject to all the duties ui ascertaining, notifying, and sum- moning, the senators who appear to be elected, as the governor and coun- cil have, and are subject to, by this constitution : provided, he shall iiotity said senators fourteen days at least before the last Wednesday in May and vacancies shall be ascertained and filled in the manner herein pro vided ; and the senators to be elected on the said first Monday of April shall be apportioned as follows : The county of York shall elect three ; the county of Cumberland shall elect three ; the county of Lincoln shall elect three ; the coimty of Hancock shall elect two ; the county of Washington shall elect one , the county of Kennebec shall elect three ; the county of Oxford shall elect two ; the county of Somerset shall elect two ; the county of Pe- nobscot shall elect one. And the members of the house of representatives shall be elected, ascertained, and returned in the same manner as herein provided at elections on the second Monday of September : and the first house of re- presentatives shall consist of the following number, to be elected as follows MAINE. 33 County of York. — The towns of York and Wells may each elect two representatives ; and each of the remaining towns may elect one. Connty of Cumberland. — The town of Portland may elect three representatives ; North Yarmouth, two ; Brunswick, two ; Gorham, two ; Freeport and Pownal, two ; Eaymond and Otisfield, one ; Bridgton, Baldwin, and Harrison, one ; Poland and Danville, one ; and each re- maining town, one. Co7/nty of Lincoln. — The towns of Georgetown and Phipsburg may elect one representative ; Lewistown and Wales, one ; St. George, Gushing, and Friendship, one ; Hope and Appleton Ridge, one ; Jeffer- son, Putnam, and Patricktown Plantation, one : Alba and Whitcfield, one ; Montville, Palermo, and Montville Plantation, one ; Woolwich and Dresden, one ; and each remaining town, one. County of Hancock. — The town of Bucksport may elect one repre- sentative ; Deer Island, one ; Castine and Brooksville, one ; Orland and Penobscot, one ; Mount Desert and Eden, one ; Vinalhaven and Isleborough, one ; Sedgwick and Bluehill, one ; Gouldsborough, Sulli- van, and plantations. No. 8 and 9, north of Sullivan, one ; Surry, Ells- worth, Trenton, and plantation of Mariaville, one ; Lincolnville, Sears- mont, and Belmont, one ; Belfast and Northport, one ; Prospect and Swanville, one ; Frankfort and Monroe, one ; Knox, Brooks, Jackson, and Thomdike, one. Connty of Washington. — The towns of Steuben, Cherryfield, and Harrington, may elect one representative ; Addison, Columbia, and Jonesborough, one ; Machias, one ; Lubec, DennysvilJe, plantations No. 9, No. 10, No. 11, No. 12, one; Eastport, one; Perry, Robinson, Ca- lais, plantations No. 3, No. 6, No. 7, No. 15, and No. 16, one. County of Kennebec. — The towns of Belgrade and Dearborn may elect one representative ; Chesterville, Vienna, and Rome, one ; Wayne and Fayette, one ; Temple and Wilton one ; Winslow and China, one ; Fairfax and Freedom, one ; Unity, Joy, and Twenty-five mile Pond plantation, one ; Harlem and Malta, one ; and each remaining town, one. Connty of Oxford. — The towns of Dixfield, Mexico, Wield, and plantations Nos. 1 and 4, may elect one representative ; Jay and Hart- ford, one ; Livermore, one ; Rumford, East Andover, and plantations Nos. 7 and 8, one ; Turner, one ; Woodstock, Paris, and Greenwood, one ; Hebron and Norway, one ; Gilead, Bethel, Newry, Albany, and Howard's Gore, one ; Porter, Hiram, and Brownfield, one ; Waterford, Sweden, and Lovell, one ; Denmark, Fryeburg, and Fryeburg Addition, one ; Buckfield and Sumner, one. County of Sojnerset — The town of Fairfield may elect one represen- tative ; Norridgwock ond Bloomfield, one ; Starks and Mercer, one ; In- dustry, Strong, and New Vineyard, one ; Avon, Phillips, Freeman, and Kingiield, one ; Anson, New Portland, Embden, and plantation No. 1, one ; Canaan, Warsaw, Palmyra, St. Albans, and Corinna, one ; Madi- son, Solon, Bingham, Moscow, and Northhill, one ; Corn\'ille, Athens, Harmony, Ripley, and Warrenstown, one County of Penobscot. — The towns of Hampden and Newburg may elect one representative ; Orrington, Brewer and Eddington, and planta- tions adjacent, on the east side of Penobscot river, one ; Bangor, Orono, and Sunkhaze plantation, one ; Dixmont, Newport, Carrnel, Hermon, 34 CONSTITUTION OF Stetson, and plantation No. 4, in the 6th range, one ; Levant, Corinth, Exeter, New Charlestown, Blakesburg, plantation No. 1, in 3d range, and plantation No. 1, in 4th range, one; Dexter, Garland, Guilford, Sangervillc, and plantation No. 3, in 6th range, one ; Atkinson, Sebec, Foxcroft, Brownvillc, Williamsburgh, plantation No. 1, in 7th range, and plantation No. 3, in 7th range, one. And the secretary of state, pro tempore, shall have the same powers and be subject to the same dutiej, in relation to the votes for governor, as the secretary of state has, and is subject to, by this constitution : and the election of governor shall, on the said last Wednesday in May, be determined and declared in the same manner as other elections of governor are by this constitution ; and, in case of vacancy in said office, the president of the senate, and speaker of the house of representatives, shall exercise the office as herein otherwise provided, and the counsel- lors, secretaiy, and treasurer, shall also be elected on the said day, and have tlie same powers, and be subject to the same duties, as is provided in this constitution ; and in case of the death or other disquaUfication of the president of this convention, or of the secretary of state />ro tempore ^ before the election and qualification of the governor, or secretary of state, under this constitution, the persons to be designated by this convention, at their session in January next, shall have all the powers, and perform all the duties, which the president of this convention, or the secretary pro tempore, to be by them appointed, shall have and perform. 2. The period for which the governors, senators, and representatives, counsellors, secretary, and treasurer, first elected, or appointed, are to serve in their respective offices and places, shall commence on the last Wednesday in May, in the year of our Lord one thousand eight hundred and twenty, and continue until the first Wednesday of January, in the year of our Lord one thousand eight hundred and twenty-two. 3. All laws now in force ui this state, and not repugnant to this con- stitution, shall remain and be in force, until altered or repealed by the legislature, or shall expire by their own limitation. 4. The legislature, whenever two-thirds of both houses shall deem it necessary, may propose amendments to this constitution ; and when any amendment shall be so agreed upon, a resolution shall be passed and sent to the selectmen of the several towns, and the assessors of the several plantations, empowering and directing them to notify the inhabitants of their respective towns and plantations, in the manner prescribed by law, at their next annual meetings in the month of September, to give in their votes on the question whether such amendment shall be made ; and if it shall appear that a majority of the inhabitants voting on the question are in favour of such amendment, it shall become a part of this constitution. 6. All officers provided for in the sLxth section of an act of the com- monwealth of Massachusetts, passed on the nineteenth day of June, in the year of our Lord one thousand eight hundred and nineteen, entitled, " An act relating to the separation of the district of Maine from Massa- chusetts proper, and forming the same into a separate and independent state," shall continue in office, as therein provided ; and the following provisions of said act shall be a part of this constitution : subject, however, to be modified, or annulled, as therein is prescribed, and not otherwise, to wit: " Sect L Whereas it has been represented to this legislature, that a p MAINE. 33 majority of the people of the district of Maine are desirous of establishing a separate and independent government within said district : Therefore, " lie it enacted by the Senate and House of Representatives, in Ge neval Court assembled, and by the authority of the same, That, the consent of this commonweaUh be, and the same is hereby, given, that the district of Maine may be formed and erected into a separate and in dependent state, if the people of the said district shall, in the manner, and by the majority hereinafter mentioned, express their consent ano agreement thereto, upon the following terms and conditions: And, pro- vided the congress o' the United States shall give its consent thereto be- fore the fourth day of March next : which terms and conditions are as follow, viz : " First. All the lands and buildings belonging to the commonwealth, within Massachusetts proper, shall continue to belong to said common- wealth ; and all the lands belonging to the commonwealth within the district of Maine shall belong, the one half thereof to the said com- monwealth, and the other half thereof to the state to be formed with- in the said district, to be divided as is hereinafter mentioned ; and the lands within the said district, which shall belong to the said com- monwealth, shall be free from taxation, while the title of the said lands remains in the commonwealth ; and the rights of the commonwealth to their lands, within said district, and the remedies for the recovery there- of, shall continue tlie same, within the proposed state, and in the courts thereof, as they now are within the said commonwealth, and in the courts thereof; for which purposes, and for the maintenance of its rights, and recovery of its lands, the said commonwealth shall be entitled to all other proper and legal remedies, and may appear in the courts of the proposed state, and in the courts of the United States holden therein ; and all rights of action for, or entry into lands, and of action upon bonds, for the breach of the performance of the condition of settling duties, so called, which have accrued, or may accrue, shall remain in this commonwealth, to be enforced, commuted, released, or otherwise disposed of, in such manner as this commonwealth may hereafter determine : provided, however, that whatever this commonwealth may hereafter receive or obtain on account thereof, if any thing, shall, after deducting all reasonable charges relating thereto, be divided, one-third part thereof to the new state, and two- third parts thereof to this commonwealth. " Second. All the anns which have been received by this common- wealth from the United States, under the law of congress, entitled, ' An act making provision for arming and equipping the whole body of militia of the United States, passed April the twenty-third, one thousand eight hundred and eight,' shall, as soon as the said district shall become a sepa- rate state, be divided between the two states, in proportion to the returns of the militia, according to which the said arms have been received from the United States as aforesaid. " Third. All money, stock, or other proceeds, hereafter derived from the United States, on account of the claim of this commonwealth, for dis- • bursements made, and expenses incurred, for the defence of the state during the late war with Great Britain, shall be received by this com- monwealth ; and when received, shall be divided between the two states, in the proportion of two-thirds to this commonwealth, and one-third to the new state. 36 CONSTITUTION OF " Fourth. All other property, of every description, belonging to tho commonwealth, shall be holden and receivable by the same, as a fund and security for all debts, annuities, and Indian subsidies, or claims, due by said commonwealth : and within two years after the said district shall have become a separate state, the commissioners to be appointed, as here- inafter provided, if the said states cannot otherwise agree, shall assign a just portion of the productive property so held by said commonwealth, as an equivalent and indemnification to said commonwealth for all such debts, annuities, or Indian subsidies, or claims, which may then remain due, or unsatisfied ; and all the surplus of the said property, so holden, as aforesaid, shall be divided between the said commonwealth and the said district of Maine, in the proportion of two-thirds to the said common- wealth and one- third to the said district ; and if, in the judgment of the said commissioners, the whole of said property, so held, as a fund and security, shall not be sufficient indemnification for the purpose, the said district shall be Uable for, and shall pay to said commonwealth, one-third of the deficiency. '^^ Fifth. The new state shall, as soon as the necessary arrangements can be made for that purpose, assume and perform all the duties and ob- ligations of this commonwealth, towards the Indians within said district of Maine, whether the same arise from treaties, or otherwise ; and for this purpose shall obtain the assent of said Indians, and their release to this commonwealth of claims and stipulations arising under the treaty at present existing between the said commonwealth and said Indians ; and, as indemnification to such new state therefor, this commonwealth, when such arrangements shall be completed, and the said duties and obliga- tions assumed, shall pay to said new state the value of thirty thousand dollars, in manner following, viz. : The said commissioners shall set off, by metes and bounds, so much of any part of the land, within the said district, falling to this commonwealth, in the division of the public lands hereinafter provided for, as, in their estimation, shall be of the value of thirty thousand dollars ; and this commonwealth shall, thereuj)on, assign the same to the said new state, or, in lieu thereof, may pay the sum of tliirty thousand dollars, at its election ; which election of the said com- monwealth shall be made within one year from the time that notice of the doings of the commissioners, on this subject, shall be made known to the governor and council, and if not made within that time, the election hall be with the new state. " Sixth. Commissioners, with the powers, and for the purposes men- tioned in this act, shall be appointed in manner following : The execu- tive authority of each state shall appoint two ; and the four so appointed, or the major part of them, shall appoint two more ; but, if they cannot agree in the appointment, the executive of each state shall appoint one in addition ; not, however, in that case, to be a citizen of its own state. And any vacancy happening with respect to the commissioners, shall be supplied in the manner provided for their original appointment ; and, in addition to the powers hereinbefore given to said commissioners, they shall have full power and authority to divide all the public lands within the district between the respective states, in equal shares, or moieties, in severalty, having regard to quantity, situation, and quality ; they shall determine what lands shall be surveyed and divided, from time to time, he expenses of which surveys, and of the commissioners, shall be borne MAINE. 37 equally by the two states. They shall keep fair records of their doings, and of the surveys made by their direction, copies of which records, au- thenticated by them, shall be deposited, from time to time, in the archives of the respective states ; transcripts of which, properly certified, may be admitted in evidence, in all questions touching the suliject to which they relate. The executive authority of each state may revoke the power of cither or both its commissioners ; having, however, first appointed a sub- stitute, or substitutes, and may fill any vacancy happening with respect to its own commissioners ; four of said commissioners shall constitute quorum for the transaction of business ; their decision shall be final upon all subjects wnthin their cognizance. In case sf»id commission shall ex- pire, the same not having been completed, and either state shall request the renewal or filling up of the same, it shall be renewed or filled up in the same- manner as is herein provided for filling the same in the first in- stance, £bnd with the like powers ; and if either state shall, after six months' notice, neglect or refuse to appoint its commissioners, the other may fill up the v^'hole commission. " Seventh. All grants of lands, franchises, immunities, corporate or other rights, and all contracts for, or grants of lands not yet located, which have been, or may be, made by the said commonwealth, before the separation of said district shall take place, and having or to have effect within the said district, shall continue in full force, after the said district shall become a separate state. But the grant which has been made to the president and trustees of Bowdoin college, out of the tax laid upon the banks within this commonwealth, shall be charged upon the tax upon the banks within the said district of Maine, and paid according to the terms of said grant ; and the president and trustees, and the over- seers of said college, shall have, hold, and enjoy their powers and privi- leges in all respects : so that the same shall not be subject to be altered, limited, annulled, or restrained, except by judicial process, according to the principles of law ; and, in all grants hereafter to be made, by either state, of unlocatcd land witliin the said district, the same reservations shall be made for the benefit of schools, and of the ministry, as have here- tofore been usual in grants made by this commonw^ealth. And all lands heretofore granted by this commonwealth to any religious, literary, or eleemosynary corporation, or society, shall be free from taxation, wliile the same continues to be owned by such corporation or society. " Eighth. No laws shall be passed in the proposed state, with regard to taxes, actions, or remedies at law, or bars, or limitations thereof, or otherwise making any distinction between the lands and rights of pro- perty of proprietors, not resident in, or not citizens of, said proposed state, and the lands and rights of property of the citizens of the pro- posed state, resident therein : and the rights and liabilities of all persons shall, after the said separation, continue the same as if the said district was still a part of this commonwealth, in all suits pending, or judg- ments remaining unsatisfied, on the fifteenth day of March next, where the suits have been commenced in Massachusetts proper, and process has been served within the district of Maine ; or commenced in the dis- trict of Maine, and process has been served in Massachusetts proper, either by taking bail, maldng attachments, arresting and detaining per sons, or otherwise, where execution remains to be done ; and in such suitSj the courts within Massachusetts proper, and within the proposed 1) 38 CONSTITUTION OF state, shall contiuue to have the same jurisdictfon as if the said district had still remained a part of the commonwealth. And this common- wealth shall have the same remedies within the proposed state as it now has, for the collection of all taxes, bonds, or debts, which may be as- sessed, due, made, or contracted, by, to, or with the commonwealth, on or before the said fifteenth day of March, within the said district of Maine ; and all officers within Massachusetts proper and the district of Maine shall conduct themselves accordingly. " JViiith. These terms and conditions, as here set forth, when the said district shall become a separate and independent state, shall, ipso fuctOy be incorporated into, and become, and be a part of, any constitution, provisional or other, under which the government of the said proposed state shall, at any time hereafter, be administered ; subject, however, to be modified, or ann\illed by the agreement of the legislature of both the said states ; but by no other power or body whatsoever." § 6. This constitution shall be enrolled on parchment, deposited in the secretary's office, and be the supi;eme law of the state ; and printed copies thereof shall be /prefixed to the books containing the laws of this state. Done in convention, October 29, 1819 WILLIAM KING, President of the Convention. Attest, ROBERT C. VOSE, Secretary. CONSTITUTION OF MASSACHUSETTS. i Constitution, or frame of government, agreed upon by the dele gates of the people of Jlfassachusetts Bay, in convention, begun and held at Cambridge, on the first of September, 1779, and con- tinued, by adjouriimeiit, to the second of March, 1 780. PREAMBLE. The end of the institution, maintenance, and administration of go- vernment, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoy- ing, in safety and tranquilUty, their natural rights and the blessings of life : and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity, and happiness. The body politic is formed by a voluntary association of individuals. It is a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed Dy certain laws for the common good. It is the duty of the people, there- fore, in framing a constitution of government, to provide for an equitable mode of making law^s, as well as for an impartial interpretation and a faithful execution of them ; that every man may, at all times, find hisi security m them. MASSACHUSETTS. 39 Wc, therefore, the people of Massachusetts, acknowledging-, with grate- ful lioarts, the goodness of the Great Legislator of the Uuiverse, in af- fording us, in the course of his Providence, an opportunity, deliberately and peaceably, without fraud, violence, or surprise, of entering into an original, explicit, and solemn compact with each other ; and of forming a new constitution of civil government, for ourselves and posterity ; and devoutly imploring his direction in so interesting a design, do agree upon, ordain, and establish, the following declaration of rights and frame of government, as the constitution of the commonwealth qf Massachusetts PART I. A Declaration of Rights of the Inhabitants of the Common-wealth of jyiassachusetts. Article 1. All men are bom free and equal, and have certain natural, essential, and unalienable rights : among which may be reckoned the right of enjoying and defending their lives and liberties ; that of ac- quiring, possessing, and protecting property ; in line, that of seeking and obtaining their safety and happiness. 2. It is the right, as well as the duty, of all men in society, publicly, and at stated seasons, to worship the Supreme Being, the Great Creator and Preserver of the Universe. And no subject shall be hurt, molested, or restrained in his person, liberty, or estate, for worshipping God in the manner and seasons most agreeable to the dictates of his own con- science ; or for his religious profession or sentiments ; provided he doth not disturb the public peace, or obstruct others in their reUgious worship. 3. As the happiness of a people, and the good order and preservation of civil government, essentially depend upon piety, religion, and mo- rality ; and as these cannot be generally diffused throughout the com- munity, but by the institution of a public worship of God, and of public institutions in piety, religion, and morality ; therefore, to promote their happiness, and to secure tJie good order and preservation of their govern- ment, the people of this commonwealth have a right to invest their legis- lature with power to authorize and require, and the legislature shall, from time to time, authorize and require, the several towns, parishes, precincts, and other bodies politic, or religious societies, to make suitable provision, at their own expense, for the institution of the public worship of God, and for the support and maintenance of public protestant teach- ers of piety, religion, and morality in all cases, where such provision shall not be made voluntarily. All the people of the commonwealth have also a right to, and do, in- est their legislature with authority to enjoin upon all the subjects an ttendance upon the instructions of the public teachers, as aforesaid, at stated times and seasons, if there be any one whose instructions they can conscientiously and conveniently attend : — Provided, notwithstanding, that the several towns, parishes, precincts, and other bodies politic, or religious societies, shall, at all times, have the exclusive right of electing their public teachers, and of contracting with them for their support and maintenance. All moneys paid- by the subject to the support of public worship, and 40 CONSTITUTION OF of the public teachers aforesaid, shall, if he require it, Be uniformly applied to the support of the public teacher or teachers of his own re- ligious sect or denomination, provided there be any, on whose instruction he attends ; otherwise it may be paid towards the support of the teacher or teachers of the parish or precinct in which the said moneys are raised. And ever}' denomination of Christians, demeaning themselves peace- ably, and as good subjects of the commouAvealth, shall be equally under the protection of the law ; and no subordination of any sect or denomi- nation to another shall ever be established by law. 4. The people of this commonwealth have the sole and exclusive right of governing themselves, as a free, sovereign, and independent state : and do, and for ever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter be by them expressly delegated to the United States of America, in congress assembled. 5. All power residing originally in the people, and being derived from them, the several magistrates and officers of government vested with au thority, whether legislative, executive, or judicial, arc their substitutes and agents, and are at all times accountable to them. 6. No man, or corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges, distinct from those of the community, than what arises from the consideration of ser- vices rendered to the public. And this title being, in nature, neither hereditary nor transmissible to children or descendants, or relations of blood, the idea of a man bom a magistrate, lawgiver, or judge, is absurd and unnatural. 7. Government is instituted for the common good : for the protection safety, prosperity and happiness of the people : and not for the profit honour, or private interest of any one man, family, or any one class of men. Therefore, the people alone have an incontestable, unalienable and indefeasible right to institute government, and to refonn, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it. 8. In order to prevent those who are vested with authority from be- coming oppressors, the people have a right, at such periods and in such majiner as they shall establish by the frame of government, to cause their public officers to return to private life, and to fill up vacant places by certain and regular elections and appointments. 9. All elections ought to be free : and all the inhabitants of this com- monwealth, having such qualifications as they shall establish by their frame of government, have an equal right to elect officers, and to be elected for public employments. 10. Each individual of the society has a right to be protected by it, in the enjoyment of his life, liberty, and property, according to the standing laws. He is obliged, consequently, to contribute his share to the ex- pense of this protection ; to give his personal sendee, or an equivalent, when necessary. But no part of the property of any individual can, with justice, be taken from him, or applied to the pubhc use, without his own consent, or that of the representative body of the people. In fine, the people of this commonwealth are not controllable by any other laws than those to which their constitutional representative body have given MASSACHUSETTS. 41 their consent. And whenever the public exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor. 11. Every subject of the commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuriesor wrongs which he may receive, in his person, property, or character. He ought to ob- tain right and justice freely, and without being obliged to purchase it — completely, and without any denial — promptly, and without delay — conformably to the laws. 1 2. No person 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 person shall have a right to produce all proofs that may be favour- able to him ; to meet the witnesses against him, face to face, and be fully heard in his defence, by himself, or his counsel, at his election. And no jjcrson shall be arrested, imprisoned, or despoiled or deprived of his property, immunities, or privileges, put out of the protection of the* law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land. And the legislature shall not make any law that shall subject any per- son to a capital or infamous punishment (excepting for the government of the army and na\y) without trial by jury. 13. In criminal prosecutions the verification of facts, in the vicinity where they happen, is one of the greatest securities of the life, liberty, and property of the citizen. 14. Every person has a right to be secure from all unreasonable searcb^'s and seizures of his person, his house, his papers, and all his possessions- All warrants, therefore, are contrary to this right, if the cause or I'irtindation 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 alt suspected places, or to arrest one or more suspected per- sons, or to Seize their property, be not accompanied with a special de- signation of the persons, or objects of search, arrest, or seizure. And no warrant ongljt to be issued but in such cases, and with the formalities prescribed by the laws. 15. In all controversies concerning property, and in all suits between two or more persons, (except in cases in which it has heretofore been otherwise used and practised,) the parties have a right to a trial by jury ; and tliis method of procedure shall be held sacred, — unless, in cases arising on the high seas, and such as relate to mariner's wages, the legislature shall hereafter find it necessary to alter it. 16. The liberty of the press is essential to security of freedom in a state ; it ought not, therefore, to be restrained in this commonwealth. 17. The people have a right to keep and to bear arms for the com- mon defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained, without the consent of the legislature : and the military power shall always be held in exact subordination to the civil authority, and be governed by it. 18. A frequent recurrence to the fundamental principles of the consti tution, and a constant adherence to those of piety, justice, moderation, temperance, industry, and frugality, are absolutely necessary to pre- serve the advantages of liberty, and to maintain a free government. The 1) 2 42 CONSTITUTION OF people ought, consequently, to have a particular attention to 9JI 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 t!iem, in the formation and execution of all laws necessary for the good administration of the commonwealth. 19. The people have a right, in an orderly and peaceable manner, to assemble to consult upon the common good ; give instruccion to their representatives ; and to request of the legislative bod}^, by the way oi addresses, petitions, or remonstrances, redress of the wrongs done them and of the grievances they suffer. 20. The power of suspending the laws, or the execution of the laws, ought never to be exercised but by the legislature ; or by authority de rived from it, to be exercised in such particular cases only as the legis latiire shall expressly provide for. 21. The freedom of deliberation, speech, and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot 1)e the foundation of any accusation or prosecution, action or complauit, in any other court or place whatsoever. 22. The legislature ought frequently to assemble, for the redress of grievances, for correcting, strengthening, and confirming the laws, and for making new laws, as the common good may require. 23. No subsidy, charge, tax, impost, or duties, ought to be established, fixed, laid, or levied, under any pretext whatever, Vv'ithout the consent of the people, or their representatives in the legislature. 24. Laws made to punish for actions done before the existence of such laws, and which have not been declared crimes by preceding laws, are unjust, oppressive, and inconsistent with the fundamental principles of a free government. 25. No person ought, in any case, or in any time, to b§ declared guilty of treason or felony by the legislature. 26. No magistrate, or court of law, shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punish- ments. 27. In time of peace, no soldier ought to be quartered in any house, without the consent of the owner ; and in time of war, such quarters ought not to be made, but by the civil magistrates, in manner ordained by the legislature. 28. No person can, in any case, be subjected to law martial, or to any penalties or pains by virtue of that law, (except those employed in the army or navy, and except the militia in actual service,) but by the authority of the legislature. 29. It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial inter- pretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial, and independent, as the lot of humanity will admit. It is, therefore, not only the best policy, but for the security of the rights of the people, and of every citi- zen, that the judges of the supreme judicial court should hold their offices as long as they behave themselves well ; and that they should have ho- nourable salaries, ascertained and established by standing laws. 30. In the government of this commonwealth, the legislative depart- ment shall never exercise the executive and judicial powers, or either of MASSACHUSETTS. 43 them : the executive shall never exercise the legislative and judicial powers, or either of them : the judicial shall never exercise the legisla- tive and executive powers, or either of them : to the end that it may be a government of laws, and not of men. PART n. Frame of Government. The people inhabiting the territory formerly called the province of Massachusetts Bay, do hereby solemnly and mutually agree with each other to form themselves into a free, sovereign, and independent body politic, or state, by the name of — The Common-wealth of Massadm- setts* CHAPTER I.— SECTION 1. THE I.EGISLATIVE POWEK. • The General Court. Article 1. The department of legislation shall be formed by two branches, a senate and house of representatives : each of which shall have a negative on the other. The legislative body shall assemble every year, on the last Wednes- day of May, and at such other times as they shall judge necessary ; and shall dissolve and be dissolved on the day next preceding the last Wed- nesday in May ; and shall be styled. The General Court of JMassachu- setts. 2. No bill or resolve of the senate or house of representatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal : and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But, if he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the senate or house of representatives, in whichsoever the same shall have origi- nated ; who shall enter the objections sent down by the governor, at large, on their records, and proceed to reconsider the said bill or resolve ; but if, after such reconsideration, two-thirds of the said senate or house of representatives shall, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be "-^considered, and if ap- proved by two-thirds of the members preseVit, it \11 have the force of a law ; but in all such cases the votes of both houses sliaJl be determined by yeas and nays : and the names of the persons voting for or against the said bill or resolve, shall be entered upon the public records of the commonwealth. And, in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the governor witliin five days after it shall have been presented, the same shall have the force of a law. 3. The general court shall for ever have full power and authority to erect and constitute judicatories, and courts of record, or other courts, to be held in the name of the commonwealth, for the hearing, trying, and determining of all manner of crimes, oflences, pleas, processes, plaints, actions, matters, causes and things whatsoever, arising or happening 44 CONSTITUTION OF within the commonwealth, or between or concerning persons inhabiting, or residing, or brought within the same ; whether the same be criminal or civil ; or whether the said crimes be capital or not capital, or whether the said pleas be real, personal, or mixed ; and for the awarding and making out of execution thereupon ; to which courts and judicatories are hereby given and granted full power and authority, from time to time, to admmister oaths or affirmations, for the better discovery of truth in any matter in controversy or depending before them. 4. And further, full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, and estab- lish all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions, and instructions, either with penalties or without, (so as the same be not repugnant or contrary to this constitution,) as tiiey shall judge to be for the good and welfare of this commonwealth, and for the government and ordering thereof, and of the citizens of the same, and 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 the said commonwealth, the election and constitution of whom arc not 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 com- monwealth, and the forms of such oaths or affirmations shall be resf)ec- tively administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this consti- tution ; and to impose and levy proportionable and reasonable assess- ments, rates, and taxes upon all the inhabitants of, and persons resident, and estates lying within the said commonwealth ; and also to impose and levy reasonable duties and excises upon any produce, goods, wares, merchandises, and commodities whatsoever, brought into, produced, manufactured, or being within the same ; to be issued and disposed of by warrant under the hand of the governor of this commonwealth for the time being, with the advice and consent of the council, for the public service, in the necessary defence and support of the government of the said commonwealth, and the protection and preservation of the citizens thereof, according to such acts as are or shall be in force within the same. And while the public charges of government, or any part thereof shall be assessed on polls and estates in the manner that has hitherto been practised ; in order that such assessments may be made with equa- lity, there shall be a valuation of estates within the commonwealth taken anew once in every ten years, at the least, and as much oftcnei 83 the general court shall order. CHAPTER I.— sECTiox 2. Senate. Article 1. There shall be annually elected by the freeholders and other inhabitants of this commonwealth, qualified as in this constitution is provided, forty persons to be counsellors and senators for the year en- suing their election ; to be chosen by the inhabitants of the districts into which the commonwealth may from time to time be divided by the general court for that purpose. And the general court, in assigning the MASSACHUSETTS. 45 numbers to be elected by the representative districts, shall govern them- selves by the proportion of the public taxes paid by the said districts ; and timely make known to the inhabitants of the commonwealth, the limits of each district, and the numbers of counsellors and senators to be chosen therein : provided that the number of such districts shall be never less than thirteen ; and that no district be so large as to entitle the same to choose more than six senators. And the several counties in this commonwealth shall, until the gene- ral court shall determine it necessary to alter the said districts, be dis- tricts for choice of counsellors and senators, (except that the counties of Dukes county and Nantucket shall form one district for t^iat purpose,) and shall elect the following number for counsellors and senators, viz: Suffolk six Essex six Middlesex five Hampshire four Plymouth three Barnstable one Bristol three York two Dukes county and 1 Nantucket ^ - " one Worcester five Cumberland one Lincoln one Berkshire two 2. The senate shall be the first branch of the legislature : and the senators shall be chosen in the following manner, viz : There shall be a meeting on the first Monday in April, annually for ever, of the inhabi- tants of each town in the several counties of this commonwealth; to be called by the selectmen, and warned in due course of law, at least seven days before the first Monday in April, for the purpose of electing persons to be senators and counsellors. And at such meetings every male in- habitant, of twenty-one years of age and upwards, having a freehold estate within the commonwealth of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the senators for the district of which he is an inhabi- tant. And to remove all doubts concerning the word " inhabitant" in this constitution, every person shall be considered as an inhabitant (for the purpose of electing and being elected into any office or place within this state) in that town, district, or plantation, where he dwelleth or hath his home. The selectmen of the several towns shall preside at such meetings im- partially ; and shall receive the votes of all the inhabitants of such towns, present and qualified to vote for senators ; and shall sort and count them in open town meeting, and in presence of the town clerk, who shall make a fair record, in presence of the selectmen, and in open town meet- ing, of the name of every person voted for, and of the number of votes against his name ; and a fair copy of this record shall be attested by the selectmen and the town clerk, and shall be sealed up, directed to the secretary of the commonwealth for the time being, with a superscription, expressing the purports of the contents thereof, and delivered by the town clerk of such town to the sheriff of the county in which such town lies, thirty days at least before the last Wednesday in May, annually ; or it shall be delivered into the secretary's office seventeen days at least before the said last Wednesday in May ; and the sheriff of each county shall deliver all such certificates by him received into the secretar}''s office, seventeen days before the said last Wednesday in May. And the inhabitants of plantations unincorporated, (qualified as this 46 CONSTITUTION OF constitution provides,) who are or shall be empowered and required to assess taxes upon themselves, toward the support of government, shall have the same privilege of voting for counsellors and senators in ihe plantations where they reside, as town inhabitants have in their respec- tive towns ; and the plantation meetings for that purpose shall be held annually on the same first Monday in April, at such place in the planta- tions respectively as the assessoi-s thereof shall direct ; which assessors shall have like authority for notifying the electors, collecting and return- ing the votes, as the selectmen and town clerks have in their several towns, by this constitution ; and all other persons, living in places unin- corporated, (quahfied as aforesaid,) who shall be assessed to the support of government by the assessors of an adjacent town, shall have the privi- lege of giving in their votes for counsellors and senators in the town where they shall be assessed, and be notified of the place of meeting, by the selectmen of the town where they shall be assessed, for that pur pose, accordingly. 3. And that there may be a due convention of senators on the last Wednesday in May annually, the governor and five of the council, for the time being, shall, as soon as may be, examine the returned copies of such records ; and, fourteen days before the said day, he shall issue his summons to such persons as shall appear to be chosen by the majority of votes, to attend on that day and take their seats accordingly : provided, nevertheless, that, for the first year, the said returned co])ies shall be ex- amined by the president and five of the council of the former constitution of government : and the said president shall, in like manner, issue his summons to the persons so elected, that they may take their seats as aforesaid. 4. The senate shall be the final judge of the elections, returns, and qualifications of their own members, as pointed out in the constitution ; and shall, on the said last Wednesday in May, annually, determine and declare who are elected by each district, to be senators, by a majority of votes : and in case there shall not appear to be the full number of sena- tors 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 high- est number of votes in such district, and not elected, amounting to twice the number of senators wanting, if there be so many voted for ; and out of these shall elect, by ballot, a number of senators sufficient to fill up the vacancies in such district ; and in this manner all such vacancies shall be filled in every district of the commonwealth : and, in like manner, all vacancies in the senate, arising by death, removal out of the state, or otherwise, shall be supplied as soon as may be after such vacancies shall happen : — 5. Provided, nevertheless, that no person shall be capable of being elected a senator, who is not seized in his own right of a freehold with- in this commonwealth of the value of three himdred pounds at least, or possessed of personal estate to the value of six hundred pounds at least, or of both to the amount of the same sum ; and who has not been an in- habitant of this commonwealth for the space of five years immediately preceding his election ; and at the time of his election he shall be an in- habitant in the district for which he shall be chosen. MASSACHUSETTS. 47 6. The senate shall have power to adjourn themselves, provided such adjournments do not exceed two days at a thne. 7. The senate shall choose its own president, appoint its own officers, and dclerniine its own rules of proceedings. 8. Tlie senate shall be a court with full authority to hear and deter- mine all impeachments made by the house of representatives, against any officer or officers of the commonwealth, for misconduct, and maladminis- tration in their offices. But, previous to the trial of every impeach- ment, tlie members of the senate shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evi- dence. Their judgment, however, shall not extend further than to re- moval from office, and disqualification to hold or enjoy any place of hon- our, trust, or profit, under this commonwealth : but the party so convict- ed shall be, nevertheless, liable to impeachment, trial, judgment, and punishment, according to the laws of the land. 9. Not less than sixteen members of the senate shall constitute a quorum for doing business. CHAPTER I.— SECTION 3. House of Represe7itatives. Article 1. There shall be, in the legislature of this commmon wealth, a representation of the people, annually elected, and founded upon the principle of equaUty. 2. And in order to provide for a representation of the citizens of this commonwealth, founded on the principles of equality, every corporate town containing one hundred and fifty ratable polls may elect one re- presentative; every corporate town containing three hundred and seventy- five ratable polls may elect two representatives : every corporate town containing six hundred ratable polls, may elect three representatives and proceeding in that manner, making two hundred and twenty-five ratable polls the mean increasing number for every additional represen- tative : Provided, nevertheless, that each town now incorporated, not having one hundred and fifty ratable polls, may elect one representative. But no place shall hereafter be incorporated with the privilege of electing a representative, unless there are, within the same, one hundred and fifty ratable polls. And the house of representatives shall have power, from time to time, to impose fines upon such towns as shall neglect to choose and return members to the same, agreeably to this constitution. The expenses of travelling to the general assembly, and returnuig home, once in every session, and no more, shall be paid by the govern- ment, out of the public treasury, to every member who shall attend as seasonably as he can, in the judgment of the house, and does not depart without leave. 3. Every member of the house of representatives shall be chosen by written votes ; and for one year at least next preceding his election shall have been an inhabitant of, and have been seized in his own right of a freehold of the value of one hundred pounds within the town he sliaiy^fi^ chosen to represent, or any ratable estate, to the value of two hundred pounds ; and he shall cease to represent the said town immediately on his CJasing to be qualified as aforesaid. 48 CONSTITUTION OF 4. Every male person (being twenty-one years of age, and resident of. any particular town in this commonwealth, for the space of one year next preceding) ha\ing a freehold estate within the same town, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to vole in the choice of a representative, or representatives, for the said town. 5. The members of the house of representatives shall be chosen annu- ally, in the month of May, ten days, at least, before the last Wednesday of that month. 6. The house of representatives shall be the grand inquest of this com- monwealth ; and all impeachments, made by them, shall be heard and tried by the senate. 7. All money bills shall originate in the house of rcp^esentativ1^s : but the senate may propose or concur with amendments as on other bills. 8. The house of representatives shall have power to adjourn them- selves ; provided such adjournment shall not exceed two days at a time. 9. Not less than sixty members of the house of representatives shall constitute a quorum for doing business. 10. The house of representatives shall be the judge of the returns, elections, and qualifications of its own meml)ers, as pointed out in the constitution ; shall choose their own speaker ; appoint their own officers, and settle their rules and orders of proceeding in their own house. They shall have authority to punish, by imprisonment, every person (not a member) who shall be guilty of disrespect to the house, by any disor- derly or contemptuous behaviour in its presence ; or who, in the town where the general court is sitting, and during the time of its sittmg, shall threaten harm to the body or estate of any of its members, for any thing said or done in the house ; or who shall assault any of them therefor ; or who shall assault or arrest any witness or other person, ordered to at- tend the -house in his way in going or returning ; or who shall rescue any person arrested by the order of the house. And no member of the house of representatives shall be arrested or held to bail on mesne process, during his going into, returnmg from, or his attending the general assembly. 11. The senate have the same powers in the like cases ; and the go- vernor and council shall have the same authority to punish in like cases : provided, that no imprisonment, on the warrant or order of the governor, council, senate, or house of representatives, for either of the above described offences, be for a term exceeding thirty days. And the senate and house of representatives may try and determine all cases where their rights and privileges are concerned, and which, by the constitution, they have authority to try and determine, by commit- tees of their own members, or in such other way as they may respec- ti\ ely think best. CHAPTER II.— SECTION 1. EXECUTIVE POWER. Goveimor. Article 1. There shall be a supreme executive magistrate, who shall be styled the Governor of the Cotnmonivealth of Jlfassachusetis ; an J tvhose title shall be, His ExceUeiicy. , MASSACHUSETTS. 49 2. The governor shall be chosen annually : and no person shall be eligible to this office, unless at the time of his election he shall have been an inhabitant of this commonwealth for seven years next preced- ing ; and unless he shall, at the same time, be seized, in his own right, of a freehold within the commonwealth of the value of one thousand pounds ; and unless he shall declare himself to be of the Christian re- ligion. 3. Those persons who shall be qualified to vote for senators and re- presentatives, within the several towns of this commonwealth, shall, at a meeting to be called for that purpose, on the first Monday of April, an- nually, give in their votes for a governor to the selectmen, who shall preside at such meetings ; and the town clerk, in the presence, and with the assistance of the selectmen, shall, in open town meeting, sort and count the votes, and form a list of the 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 the inhabitants, seal up copies of the said lists, attested by him and the selectmen, and trans- mit the same to the sheriff of the county, thirty days at least before the last Wednesday in May : and the sheriff shall transmit the same to the secretary's office seventeen days at least before the said last Wednesday in May ; or the selectmen may cause returns of the same to be made to the office of the secretary of the commonwealth, seventeen days at least before the said day ; and the secretary shall lay the same before the senate and house of representatives on the last Wednesday in May, to be by them examined : and in case of an election by a majority of all the votes returned, the choice shall be by them declared and published. But if no person shall have a majority of votes, the house of representatives shall, by bidlot, elect two out of four persons, who had the highest num- ber of votes, if so many shall have been voted for : but, if otherwise, out of the number voted for ; and make return to the senate of the persons so elected ; on which the senate shall, by ballot, elect one who shall be declared governor. 4. The governor shall have authority from time to time, at his dis- cretion, to assemble and call together the counsellors of this common- wealth for the time being ; and the governor, with the said counsellors, or five of them at least, shall, and may from time to time, hold and keep a council, for the ordering and directing the affairs of the commonwealth, agreeably to the constitution and laws of the land. 5. The governor, with the advice of council, shall have full power and authority, during the session of the general court, to adjourn or prorogue the same, to any time the two houses shall desire ; and to dissolve the same on the day next preceding the last Wednesday in May, and in the recess of the said court to prorogue the same, from time to time, not ex- ceeding ninety days in any one recess ; and to call it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the commonwealth shall require the same. And in case of any in- fectious distemper prevailing in the place where the said court is next, at any time, to convene, or any cause happening, whereby danger may arise to the health or lives of the members from their attendance, he may direct the session to be held at some other of the most convenient t>laces within the state. E 50 CONSTITUTION OF And the governor shall dissolve the said general court on the day next preceding the last Wednesday in May. 6. In cases of disagreement between the two houses with regard to the necessity, expediency, or time of adjournment, or prorogation, the governor, with advice of the council, shall have a right to adjourn or prorogue the general court, not exceeding ninety days, as he shall de- termine, and the public good shall require. 7. The governor of this commonwealth, for the time being, shall be commander-in-chief of the army and navy, and of all the military forces of the state, by sea and land ; and shall have full power, by himself, or by any commander, or other officer or officers, from time to time, to train, instruct, exercise, and govern the militia and navy ; and, for the special defence and safety of the commonwealth, to assemble in martial array, and put in warlike posture, the inhabitants thereof; and to lead and con- duct them, and with them to encounter, repel, resist, expel, and pursue, by force of arms, as well by sea as by land, within or without the limits of this commonwealth : and also to kill, slay, and destroy, if necessary, and conquer, by all fitting ways, enterprises, and means whatsoever, all and every such person or persons, as shall at any time hereafter, in a hostile manner, attempt or enterprise the destruction, invasion, detriment, or annoyance of this commonwealth ; and to use and exercise over the army and navy, and over the militia in actual service, the law martial, jn time of war or invasion, and also in time of rebellion, (declared by the legislature to exist,) as occasion shall necessarily require ; and to take and surprise, by all ways and means whatsoever, all and every such person or persons (with their ships, arms, ammunition, and goods) as shall, in a hostile manner, invade, or attempt the invading, conquering, or annoying this commonwealth : and that the governor be instrusted with all these and other powers incident to the offices of captain-ge- neral, and commander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land, and not otherwise. Provided, that the said governor shall not, at any time hereafter, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legislature, transport any of the inhabitants of this commonwealth, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the general court ; except so far as may be necessary to march or transport them by land or water, for the defence of such part of the state, to which they cannot conveniently have access. 8. The power of pardoning oifences, except such as persons may be convicted of before the senate by an impeachment of the house, shall be in the governor, by and with the advice of council ; but no charter of pardon, granted by the governor, with advice of the council, before con- viction, 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. 9. All judicial officers, the attorney-general, the solicitor-general, all sheriffs, coroners, and registers of probate, shall be nominated and ap- pointed by the governor, by and with the advice and consent of the council ; and every such nomination shall be made by the governor, and made at least seven days prior to such appointment. MASSACHUSETTS. 51 10. The captains and subalterns of the militia shall be elected by the written votes of the train band and alarm list of their respective com- paHies, of tvpenty-one years of age and upwards. The field officers of regiments shall be elected by the written votes of the captains and sub- alterns of their respective regiments. The brigadiers shall be elected, in like manner, by the field officers of their respective brigades. And such officers, so elected, shall be commissioned by the governor, who shall determine their rank. The legislature shall, by standing laws, direct the time and manner of convening the electors, and of collecting votes, and of certifying to the governor the officers elected. The major-generals shall be appointed by the senate and house of re- presentatives, each having a negative upon the oilier ; and be commis- sioned by the governor. And if the electors of brigaxiiers, field officers, captains, or subalterns, shall neglect or refuse to make such elections, after being duly notified ac- cording to the laws of the time being, then the governor with advice of council shall appoint suitable persons to fill such offices. And no officer, duly commissioned to command in the militia, shall be removed fi-om his ofl^e, but by the address of both houses to the go- vernor, or by f^ir trial in court-martial, pursuant to the laws of the com- monwealth for the time being. The commanding officers of regiments shall appoint their adjutants and quartermasters : the brigadiers their brigade-majors ; and the major- generals their aids : and the governor shall appoint the adjutant-general. The governor, with advice of council, shall appoint all officers of the continental army, whom (by the confederation of the United States) it is provided that this commonwealth shall appoint, as also all officers of forts and garrisons. The divisions of the militia into brigades, regiments, and companies, made in pursuance of the militia laws now in force, shall be considered as the proper divisions of the militia of this commonwealth, until the aame shall be altered in pursuance of some fixture law. 11. No moneys shall be issued out of the treasury of this common- wealth, and be disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurer's notes, or for the pay- ment of interest arising thereon) but by warrant, under the hand of the governor for the time being, Avith the advice and consent of the council, for the necessary defence and support of the commonwealth, and for the protection and preservation of the inhabitants thereof, agreeably to the act and resolves of the general court. 12. All public boards, the commissary-general, all superintending officers of public magazines and stores, belonging to this commonwealth, and all commanding officers of forts and garrisons within the same, shall, once in every three months, officially, and without requisition, and at other times, when required by the governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appen- dages, and small arms, with their accoutrements, and of all other public property whatever, under their care respectively ; distinguishing the quantity, number, quality, and kind of each, as particular as may be ; together with the condition of such forts and garrisons. And the said eomraanding officer shall exhibit to the governor, when required by him, 52 CONSTITUTION OF true and exact plans of such forts, and of the land and sea, harbour or harbours, adjacent. And the said boards and all public officers shall communicate to the governor, as soon as may be, after receiving the same, all despatches and intelligence of a public nature, which shall be directed to them respec- tively. 13. As the public good requires that the governor should not be un- der the undue influence of any of the members of the general court, by a dependence on them for his support : that he should in all cases act with freedom for the benefit of the public ; that he should not have his attention necessarily diverted from that object, to his private concerns ; and that he should maintain the dignity of the commonwealth, in the' character of its chief magistrate — ^it is necessary that he should have an honourable stated salary, of a fixed and permanent value, amply sufficient for those purposes, and established by standing laws ; and it shall be among the first acts of the general court, after the ccnnmencement of this constitution, to establish such salary by law accordingly. Pennanent and honourable salaries shall also be established by law for the justices of the supreme judicial court. And if it shall be found that any of the salaries aforesaid, so estab- lished, are insufficient, they shall, from time to time, be enlarged, as th» general court shall judge proper. CHAPTER n.— SECTION 2. Ideutenant-governor. Article 1. There shall be annually elected a lieutenant-governor of the commonwealth of Massachusetts, whose title shall be, His Honour ; and who shall be qualified, in point of religion, property, and residence in the commonwealth, in the same manner with the governor ; and the day and manner of his election, and the qualifications of the electors, shall be the same as are required in the election of a governor. The return of the votes for this olBcer, and the declaration di his election, shall be in the same manner : and if no one person shall be found to have a majority of all the votes returned, the vacancy shall be filled by the sen- ate and house of representatives, in the same manner as the governor is to be elected, in case no one person shall have a majority of the votes of the people, to be governor. 2. The governor, and, in his absence, the lieutenant-governor, shall be the president of the council ; but shall have no vote in council ; and the lieutenant-governor shall always be a member of the council, except when the chair of the governor shall be vacant. 3. Whenever the chair of the governor shall be vacant by reason of his death, or absence from the commonwealth, or otherwise, the lieuten- ant-governor for the time being shall, during such vacancy, perform all the duties incumbent upon the governor, and shall have and exeicise ah the power and authorities which, by this constitution, the governor is vested with, when personally present. MASSACHUSETTS, 53 CHAPTER II.— SECTION 3. Vouncil, and the manner of settling elections by the Legislature. Article 1. There shall be a council for advising the governor in the executive part of government, to consist of nine persons, besides the ueutenant-governor, whom the governor, for the time being, shall have full power and authority from time to time, at his discretion to assemble and call together : and the governor, with the said counsellors, or five of them at least, shall and may, from time to time, hold and keep a council, for the ordering and directing the affairs of the commonwealth, accord- ing to the laws of the land. 2. Nine counsellors shall be annually chosen from among the persons returned from the counsellors and senators, on the last Wednesday in May, by the joint ballot of the senators and representatives, assembled in one room : and in case there shall not be found, upon the first choice, the whole number of nine persons, who will accept a seat in the coun- •cil, the deficiency shall be made up by the electors aforesaid, from among the people at large ; and the number of senators left shall constitute the ■senate for the year. The seats for the persons thus elected from the senate, and accepting the trust, shall be vacated in the senate. 3. The counsellors, in the civil arrangements of the coramonw^ealth, shall have rank, next after the lieutenant-governor. 4. Not more than two counsellors shall be chosen out of any one "district of this commonwealth. 5. The resolutions and adAace of the council shall be recorded in a register ; and signed by the members present : and this record may be called for at any time by either house of the legislature ; and any member -of the council may insert his opinion, contrary to the resolution of the majority. 6. Whenever the office of governor and lieutenant-governor shall be vacant, by reason of death, absence, or otherwise, then the council, or the major part of them, shall, during such vacancy, have full power and authority to do and to execute all and every such acts, matters, and thing?, as the governor or lieutenant-governor might or could, by virtue •of this constitution, do or execute, if they or either of them were person- ally present. 7. And whereas the elections appointed to be made by this constitu- tion, on the last Wednesday in May annually, by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned from day to day until the same shall be completed. And the order of election shall be as follows : the vacancies in the senate, if any, hall first be filled up ; the governor and lieutenant-govei-nor shall then be elected, provided there shall be no choice of them by the people ; and afterwards the two houses shall proceed to the election of the council. CHAPTER II.— SECTION 4. Secretary, Ti^easurer, Commissary^ &c. Article 1. The secretary, treasurer, and receiver-general, and the rjommissary-general, notanes public, and naval officers, shall be chosen annually, by joint ballot of the senators and ropresontntives, in one ' . " " F. 2 54 CONSTITUTION OF room ; and that the citizens of this commonwealth may be assured, fioni time to time, that the moneys remaining in the pubUc treasury, upon the settlement and liquidation of the public accounts, are their property, no man shall be eligible as treasurer and receiver-general more than five years successively. 2. The records of the commonwealth shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be accountable ; and he shall attend the governor and council, the senate and house of representatives, in person, or by his deputies, as they shall respectively require, CHAPTER IIL Judiciary Poiver, Article 1. The tenure that all commission officers shall, by law, have in their offices, shall be expressed in their respective commissions ; all judicial officers, duly appointed, commissioned, and sworn, shall hold their offices during good behaviour ; excepting such concerning whom there is different provision made in this constitution : Provided, never- theless, the governor, with consent of the council, may remove them upon the address of both houses of the legislature. 2. Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the justices of the su- preme judicial court, upon important questions of law, and upon solemji occasions. 3. In order that the people may not sufler from the long continuance in place of any justice of the peace, who shall fail of discharging the important duties of his office with ability or fidelity, all commissions ot justices of the peace shall expire and become void in the term of seven years from their respective dates ; and upon the expiration of any com- mission, the same may, if necessary, be renewed, or another person ap- pointed, as shall most conduce to the well-being of the commonwealth. 4. The judges of probates of wills, and for grauting letters of ad- ministration, shall hold their courts at such place or places, on fixed days, as the convenience of the people may require r and the legislature 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. 5. All the causes of marriage, divorce, and alimony, and all appeals from the judges of probate, shall be heard and determined by the go- vernor and council, until the legislature shall, by law, make other pro visions. CHAPTER IV. Delegates to Congress. The Delegates of this commonwealth to the congress of the Unitea States shall, some time in the month of June annually, be elected by joint ballot of the senate and house of representatives, assembled to- gether in one room ; to serve in congress for one year, to commence OTt, the first Monday in November then next ensuing. They shall have commission under the hand of the governor, and the great seal of the commonwealth ; but may be recalled at any time within the year, and others chosen and commissioned in the same manner, in their stead. MASSACHUSETTS. « 55 CHAPTER V. To the Univeraity at Cambridge, and Encouragement of Literature, &c. SECTION 1. THE UJTIVERSITT. Article 1. Whereas our wise and pious ancestors, so early as the year one thousand six hundred and thirty-six, laid the foundation of Harvard college, in which university many persons of great eminence have, by the blessing of God, been initiated into those arts and sciences which qualified them for public employments both in church and state : and whereas the encouragement of arts and sciences, and all good litera- ture, tends to the honour of God, the advantage of the Christian religion, and the great benefit of tliis and the other United States of America, it is declared that the president and fellows of Harvard college in their corporate capacity, and their successors in that capacity, their officers and servants, shall have, hold, use, exercise, and enjoy, all the powers, au- thorities, rights, liberties, privileges, immunities, and franchises, wliich they now have, or are entitled to have, hold, use, exercise,%nd enjoy • and the same are hereby ratified and confirmed unto them, the said presi- dent and fellows of Harvard college, and to their successors, and to their oflicers and servants, respectively, for ever. 2. And whereas there have been, at sundry times, by divers persons, gifts, grants, devises of houses, lands, tenements, goods, chattels, lega- cies, and conveyances, heretofore made, either to Harvard college, in Cambridge, in New England, or to the president and fellows of Harvard college, or to the said college, by some other description, under several charges successively — it is declared, that all the said gifts, grants, devises, legacies, and conveyances, are hereby for ever confirmed unto the presi- dent and fellows of Harvard college, and to their successors in the ca- pacity aforesaid, according to the true intent and meaning of the donor or donors, grantor and grantors, devisor or devisors. 3. And whereas, by an act of the general court of the colony of Mas- sachusetts Bay, passed in the year one thousand six hundred and forty- two, the governor and deputy-governor, for the time being, and all the magistrates of that jurisdiction, were, with the president and a number of the clergy in the said act described, constituted the overseers of Harvard college : and it being necessary in this new constitution of government, to ascertain who shall be deemed successors to the said governor, deputy- governor, and magistrates, it is declared that the governor, lieutenant- governor, council, and senate of this commonwealth, are and shall be deemed their successors : who, with the president of Harvard college, for the time being, together with the ministers of the congregational churches in the towns of Cambridge, Watertown, Charlestown, Boston, Roxbury, and Dorcester, mentioned in the said act, shall be, and hereby are, vested with all the powers and authority belonging, or in any way appertaining to the overseers of Harvard college : provided, that nothing herein shall be construed to prevent the legislature of this commonwealth from making such alterations in the government of the said university as shall be conducive to its advantage, and the interest of the republic of letters. 56 CONSTITUTION OP in as full a manner as might have been done by the legislature of the late province of the Massachusetts Bay. CHAPTER v.— SECTION 2. The Encouragement of Literature. Wisdom and knowledge, as well as virtue, diffused generally amonjj the body of the people, being necessary for the preservation of their rights and liberties, and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the ditlerent orders of the people, it shall be the duty of the legis- latures and magistrates, in all future periods of this commonwealth, to cherish the interest of literature and the sciences, and all seminaries of them : especially the university at Cambridge, public schools, and gram- mar schools in the towns ; to encourage private societies and public in- stitutions, by rewards, and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country ; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugal- ity, honest}' and punctuality in their dealings : sincerity, good humour, and all social affections and generous sentiments among the people. CHAPTER VI. Oaths and stibscriptions ; incompatibility of, and exclusion from^ offices ; pecuniary qualif cations ; commissions ; -writs ; conjirma^ tion of laivs ; habeas corpus ; the enacting style ; continuance of officers ; provision for a future revisal of the constitution, &c. Article 1. Any person chosen governor, or lieutenant-governor, coun- sellor, senator, or representative, and accepting the trust, shall, before he proceed to execute the duties of his place or office, take, make, and sub- scribe, the following declaration, viz. " I, A. B., do declare that I believe the Christian religion, and have a firm persuasion of its truth ; and that I am seized and possessed, in my own right, of the property required by the constitution, as. one qualification for the office or place to which I am elected." And the governor, lieutenant-governor, and counsellors, shall make and subscribe the said declaration in the presence of the two houses of assembly ; and the senators and representatives first elected under this constitution, before the president and five of the council of the former constitution ; and, for ever afterwards, before the governor and council for the time being. And every person chosen to either of the places or offices aforesaid, as. also any person appointed or commissioned to any judicial, executive, military, or other office, under the government, shall, before he enter on the discharge of the business of his place or office, take and subscribe the following declaration and oaths, or affirmations, viz. " I, A. B., do truly and sincerely acknowledge, profess, testify, and declare, that the commonwealth of Massachusetts is, and of right ought to be, a free, sovereign, and independent state ; and I do swear that I will bear true faith and allegiance to the said common- weahh, nnd that I will defend ihe same against traitorous consj-ira- MASSACHUSETTS. 57 cies, and all hostile attempts whatsoever : and that I do renounce and abjure all allegiance, subjection, and obedience to the king-, queen, or government of Great Britain, as the case may be, and every other foreign power whatsoever : and that no foreign prince, person, prelate, state, or potentate, hath, or ought to have, any juris- diction, superiority, pre-eminence, authority, dispensing or other power, in any matter, civil, ecclesiastical, or spiritual, within this commonwealth, except the authority and prwer which is or may be vested by their constituents in the congress of the United States: And I do further testify and declare, that no man or body of men hath or can have any right to absolve or discharge me from the obli- gation of this oath, declaration, or affirmation; and that I do make this acknowledgment, profession, testimony, declaration, denial, re- nunciation, and abjuration heartily and truly, according to the com- mon meaning and acceptation of the foregoing words, without any equivocation, mental evasion, or secret reservation whatsoever. So help me God. '* I, A. B., do solemnly swear and affirm, that I will faithfully and im- partially discharge and perform all the duties incumbent on me as , according to the best of my abilities and under- standing, agreeably to the rules and regulations of the constitution, and the laws of this commonwealth. So help me God." Provided always, that when any person chosen or appointed as afore- said shall be of the denomination of the people called Quakers, and shall decline taking the said oaths, he shall make his affirmation, in the fore- going form, and subscribe the same, omitting the words, " / do sioear^* " and abjure," " oath" " and abjuration," in the first oath ; and in the second oath, the words " swear and," and in each of them the words " so help me God " subjoining instead thereof, *' This I do imder the pains a7id penalties of perjury." And in the said oaths or affirmations shall be taken and subscribed by the governor, lieutenant-governor, and counsellors, before the president of the senate, in the presence of the t\vo houses of assembly : and by the senators and representatives first elected under this constitution, before the president and five of the council of the former constitution ; and, for ever afterwards, before the governor and council for the time being ; and by the residue of the officers aforesaid, before such persons as, from time to time, shall be prescribed by the legislature. 2. No governor, lieutenant-governor, or judge of the supreme judicial court, shall hold any office or place under the authority of this common- wealth, 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 other place or office, or receive any pension or salary, from any other state, or gov ernment, or power whatever. No person shall be capable of holding or exercising, at the same time, more than one of the following offices within this state, viz. judge of probate, sheriff, register of probate, or register of deeds : and never more than any two offices, which are to be held by appointment of the gov- ernor, or the governor and council, or the senate, or the house of repre- sentatives or by election of the people of the state at large, or of the 68 CONSTITUTION OF people of any county, (military officer and the office of justice of tl peace excepted,) shall be held by one pei-son. No person holding the office of judge of the supreme judicial court secretary, attorney-general, solicitor-general, treasurer or receiver-gene- ral, judge of probate, commissary -general, president, professor, or instructor of Hars'ard college, sheriff, clerk of the house of representatives, regis- ter of probate, register of deeds, clerk of the supreme judicial court, clerk of the inferior court of common pleas, or officer of the customs, (including in this description naval officers,) shall at the same time have a seat in the senate or house of representatives ; 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 representatives ; and the places so vacated shall be filled up. And the same rule shall take place in case any judge of the said su- preme judicial court, or judge of probate, shall accept a seat in council, or any counsellor shall accept of either of those offices or places. And no person shall ever be admitted to hold a seat in the legislature, or any office of trust or importance under the government of this common- wealth, who shall, in the due course of law, have been convicted of bribery or corruption in obtaining an election or appointment. 3. In all cases where sums of money are mentioned in this constitu- tion, the value thereof shall be computed in silver, at six shillings and eight pence per ounce ; and it shall be in the power of the legislature, from time to time, to increase such qualifications, as to property, of the persons to be elected into offices, as the circumstances of the common- wealth shall fequire. 4. All commissions shall be in the name of the commonwealth of Mas- sachusetts ; signed by the governor, and attested by the secretary or his deputy, and have the great seal of the commonwealth affixed thereto. 5. All writs issuing out of the clerk's office, in any of the courts of law, shall be in the name of the commonwealth of Massachusetts ; they shall be under the seal of the court from whence they issue ; they shall bear test of the first justice of the court to which they shall be return- able, (who is not a party,) and be signed by the clerk of such court. 6. All the laws which have heretofore been adopted, used, and ap- proved of in the province, colony, or state of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature : such parts only ex- cepted as are repugnant to the rights and liberties contained in this con- stitution. • 7. The privilege and benefit of the writ of habeas corpus shall be en- joyed in this commonwealth in the most free, easy, cheap, expeditious, and ample manner ; and shall not be suspended by the legislature, ex- sept upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months. 8. The enacting style, in making and passing all acts, statutes, and laws, shall be, " Be it enacted by the senate and house of representa- lives, in geiieral conrt assembled, and by the authority of the same.^* 9. To the end there may be no failure of justice, or danger arise to the commonwealth, from a change of the form of government, all offi cers, civil and military, holding commissions under the government and MASSACHUSETTS. 59 peop.c of Massachusetts Bay in New England, and all other officers of said government and people, at the time this constitution shall take effect, shall have, hold, use, exercise, and enjoy, all the powers and au- thority to them granted or committed, until other persons shall be ap- pointed in their stead ; and all courts of law shall proceed in the execu- tion of the business of their respective departments : and all the execu- tive and legislative officers, bodies, and powers, shall continue in full force in the enjoyment and exercise of all their trusts, employment, and authority, until the general court, and the supreme and executive offi- cers, under this constitution, are designated and invested with their re- spective trusts, powers, and authority. 10. In order the more effectually to adhere to the principles of the constitution, and correct those violations which by any means may be made therein, as well as to form such alterations as from experience shall be found necessary, the general court wluch shall be in the year of our Lord one thousand seven hundred and ninety-five, shall issue pre- cepts to the selectmen of the several towns, and to the assessors of the unincorporated plantations, directing them to convene the qualified voters of their respective towns and plantations, for the purpose of collecting their sentiments on the necessity or expediencv of ^e^ising the constitu- tion, in order to amendments. And if it shall appear, by the returns made, that two-thirds of the qualified voters throughout the state, who shall assemble and vote in consequence of the said precepts, are in favour of such revision or amend- ment, the general court shall issue precepts, or direct them to be issued from the secretary's office, to the several towns, to elect delegates to meet in convention, for the purpose aforesaid. The said delegates to be chosen in the same manner and proportion, as their representatives in the second branch of the legislature are by this constitution to be chosen. 1 1 . This form of government shall be enrolled on parchment, and de- posited in the secretary's office, and be a part of the laws of the land : and printed copies thereof shall be prefixed to the book containing the laws of this commonwealth, in all future editions of the said laws. JAMES BOWDOIN, President. Attest, Samuel Bakret, Secretary. AMENDMENTS. Proclamation of Governor Brooks, of Massachusetts, announcing to the public the amendments lately made by the convention to the constitu- tion of that state, and which, being ratified by the people, now form a part of the constitution of the said state. Whereas sundry resolutions passed the legislature on the fifth day of June, in the year of our Lord one thousand eight hundred and twenty- one, in the words following, viz. " Whereas, the convention of the delegates of the people, assembled at Boston on the third Wednesday of November, in the year of our Lord one thousand eight hundred and twenty, for the purpose of revising and amending the constitution of the commonwealth pursuant to an act of 60 CONSTITUTION OF the general court, passed on the sixteenth day of June, in the year afore- said, submitted certain articles of amendment of the constitution to the Jjeople, for their ratification and adoption ; and whereas it appears by a certificate of the committee of the said convention, that tlie following ar- ticles of amendment, so submitted, as aforesaid, have been ratified and adopted by the people, in the manner directed by the said convention, and have tliereby become a part of the constitution of this common- wealth, to wit : Article 1. If any bill or resolve shall be objected to, and not approved of by the governor ; and if the general court shall adjourn within five days after the same shall have been laid before the governor for his ap- probation, and thereby prevent his returning it, with his objections, as provided by the constitution ; such bill or resolve shall not become a law, nor have force as such. Art. 2. The general court shall have full power and authority to erect or constitute municipal or city governments in any corporate town or towns, in this commonwealth, and to grant to the inhabitants thereof such powers, privileges, and immunities, not repugnant to the constitu- tion, as the general court shall deem necessary or expedient, for the regulation and government thereof, and to prescribe the manner of calling and holding public meetings of the inhabitants in wards, or otherwise, for the election of officers, under the constitution, and the manner of returning the votes given at such meetings : provided, that no such go- vernment shall be erected or constituted in any town not containing twelve thousand inhabitants, nor unless it be with the consent, and on the application of a majority of the mhabitants of such town, present and voting thereon, pursuant to a vote at a meeting duly warned and holden for that purpose : and provided, also, that all by-laws, made by such mu- nicipal or city government, shall be subject, at all times, to be annulled by the general court. Art. 3. Every male citizen of twenty-one years of age, and upwards, (excepting paupers and persons under guardianship,) who shall have resided withui the commonwealth one year, and withm the town or district, in which he may claim a right to vote, six calendar months next preceding any election of governor, lieutenant-governor, senators, representatives, and who shall have paid, by himself or his parent, mas- ter or guardian, any state or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district of this commonwealth ; and also every citizen, who shall be by law exempt from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote in such election of governor, and lieutenant-governor, senators, and representatives ; and no other person shall be entitled to a vote in such election. Art. 4. Notaries public shall be appointed by the governor, in the same manner as judicial officers are appointed, and shall hold their offices during seven years, unless sooner removed by the governor, with the consent of the council, and upon the address of both houses of the legislature. In case the office of secretary or treasurer of the commonwealth shall become vacant from any cause, during the recess of the general court, the governor, with the consent of the council, shall nominate and appoint, under such regulations as may be prescribed by law, a com MASSACHUSETTS. 61 petcnt and suitable person to such vacant office, who shall hold the samo until a successor shall be appointed by the general court. Whenever the exigencies of the commonwealth shall require the ap- pointment of a commissary-general, he shall be nominated, appointed, and commissioned, in such manner as the legislature may, by law, prescribe. All officers commissioned to command in the militia, may be removed from office in such manner as the legislature may, by law, prescribe. Art. 5. In the election of captains and subalterns of the militia, all the members of their respective companies, as well those under, as those above the age of twenty-one years, shall have a right to vote. Art. 6. Instead of the oath of allegiance, prescribed by the constitu- tion, the following oath shall be taken and subscribed by every person chosen or appointed to any office, civil or military, under the govern- ment of this commonwealth, before he shall enter upon the duties of his office, to wit : " I, A. B., do solemnly swear, that I will bear true faith and allegiance to the commonwealth of Massachusetts, and will support the constitution thereof. So help me God.** Provided, that when any person shall be of the denomination called Quakers, and shall decline taking said oath, he shall make his affirma- tion in the foregoing form, omitting the word " swear," and inserting, instead thereof, the word '* affirm," and omitting the words " so help me God," and subjoining, instead thereof, the words " this I do under the pains and penalties of perjury." Art. 7. No oath, declaration, or subscription, excepting the oath pre- scribed in the preceding article, and the oath of office, shall be required of the governor, Ueutenant-governor, counsellors, senators, or represen- tatives, to quahfy them to perform the duties of their respective offices. Art. 8. No judge of any court of this commonwealth, (except the court of sessions.) and no person holding any office under the authority of the United States, (postmasters excepted,) shall, at the same time, hold the office of governor, lieutenant-governor, or counsellor, or have a seat in the senate or house of representatives of this commonwealth ; and no judge of any court in this commonwealth, (except the court of sessions,) nor the attorney-general, solicitor-general, county attorney, clerk of any court, sheriff", treasurer, and receiver-general, register of probate, nor register of deeds, shall continue to hold his said office after being elected a member of the congress of the United States, and ac- cepting that trust ; but the acceptance of such trust, by any of the officers aforesaid, shall be deemed and taken to be a resignation of his said office; and judges of the courts of common pleas shall hold no other office, under the government of this commonwealth, the office of the justice of the peace and militia officers excepted. Art. 9. If, at any time hereafter, any specific and particular amend- ment or amendments to the constitution be proposed in the general court, and agreed to by a majority of the senators, and two-thirds of the members of the house of representatives present and voting thereon, such proposed amendment or amendments shall be entered on the jour- nals of the two houses, with the yeas and nays taken thereon, and re- ferred to the general court then next to be chosen, and shall be pub- lished ; and if in the general court then next chosen, as aforesaid, such F 62 CONSTITUTION OF proposed amendment or amendments shall be agreed to by a majoril y of the senators and two-thirds of the members of tlie house of representa- tives j)resent and voting thereon ; then it shall be the duty of the general court to submit such proposed amendment or amendments to the people ; and if they shall be approved and ratified by a majority of the qualified voters voting thereon, at meetings legally warned and holden for that pui-pose, they shall become part of the constitution of this commonwealth. Resolved, That the above recited articles of amendment, shall be enrolled on parchment, and deposited in the secretary's ollice, as a part of the constitution and fundamental laws of this commonwealth, and published in immediate connexion therewith, in all future editions of the laws of this commonwealth, printed by public authority. And in order that the said amendments may be promulgated and made known to the people of this commonwealth without delay, it is further Jiesolved, That his excellency, the governor, be, and he hereby is authorized and requested to issue his proclamation, reciting the articles aforesaid ; announcing that the same have^been duly adopted and ra- tified by the people of this commonwealth, and become a part of the constitution thereof; and requiring all magistrates, officers, civil and military, and all the citizens of this commonwealth, to take notice thereof, and govern themselves accordingly." Now, therefore, I, John Brooks, governor of the commonwealth of Massachusetts, by virtue of the authority to me given by the resolution last above written, do issue this my proclamation, and I do hereby an- nounce, that the several articles aforesaid have been duly ratified and adopted by the people of this commonwealth, and have become a part of the constitution thereof. And all magistrates, officers, civil and mili- tary, and all the citizens of the commonwealth, are required to take notice thereof, and govern themselves accordingly. Given at the council chamber, in Boston, the day and year first above written, and in the forty-fifth year of the independence of the United States. JOHN BROOKS. By his Excellency the Governor, Alden Bradfokd, Secretartf. God save the commonwealth of Massachusetts ! CONSTITUTION OF NEW HAMPSHIRE, The Constitution of JVetv Hampshire, as altered and amended by a cojivention of delegates held at Concord, in said state, by adjoxini' ment, on the second Wednesday of February, 1792. PART I. BILI. OF BIGHTS. Article 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. NEW HAMPSHIRE. 63 2. All men have certain natural, essential, and inherent rights — among which are, the enjoying and defending life and liberty, acquiring, possessing, and protecting property ; and, in a word, of seeking and ob- taining happiness. 3. When men enter into a state of societ)', they surrender up somo of their natural rights to that society, in order to ensure the protection of others ; and without such an equivalent the surrender is void. 4. Among the natural rights, some are in their very nature unalien able, because no equivalent can be given or received for them. Of thi kind are the rights of coiiscience. 5. Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience, and reason : 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 dic- tates 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. 6. As morality arid 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 subjection ; 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 in- struction in morality and religion ; therefore, to promote these important purposes, the people of this state have a right to empower, and do here- by fully empower, 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 expense, for the support and maintenance of public protestant teachers of piety, religion, and morality ; Provided, 7iotxvithstanding, 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, of any one particu- lar religious sect or denomination, shall ever be compelled to pay to- wards the support of the teacher or teachers of another persuasion, sect, or denomination. And every denomination of Christians, demeaning themselves quietly, and as good citizens of the state, shall be equally under the protection of the law : and no subordination of any one sect or denomination to an- other, 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 re- main, and be in the same state, as if this constitution had not been made. 7. The people of this state have the sole and exclusive right of go- verning themselves as a free, sovereign, and independent state ; and do, and for ever 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. 8. All power residing originally in, and being derived from the peo- 64 CONSTITUTION OF pie, all the magistrates and officers of government are their suhstitutes and agents, and at all times accountable to them. 9. No officer or place whatsoever, in government, shall be hereditary — the ability and integrity requisite in all not being transmissible to Bosterity or relations. 10. 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 the government are perverted, or public liberty manifestly endangered, and all other means of redress are incffiectual, 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. 11. All elections ought to be free, and every inhabitant of the state, ha\-ing the proper qualifications, has an equal right to elect, and be elect- ed, into office. 12. Every member of the community has a right to be protected by it, in the enjoyment of his life, liberty, and property ; he is therefore bound to contribute his share to the expense of such protection, and lo 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. 13. No person who is conscientiously scrupulous about the lawful- ness of bearing arms, shall be compelled thereto, provided he will pay an equivalent. 14. Every citizen of this state is entitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, pro- perty, or character ; to obtain right and justice freely, without being obliged to purchase it ; completely, and without denial, promptly, and without delay, conformable to the laws. 15. No person shall be held to answer for any crime or offence, until the same is fully and plainly, substantially, and formally, described to him : nor be compelled to accuse or furnish evidence against himself. And every person shall have a right to produce all proofs that may be favourable 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 per- son 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. 16. No person shall be liable to be tried, after an acquittal, for the same crime or offence. Nor shall the legislature make any law that shall subject any person to a capital punishment, (excepting for the go- vernment of the army and na'^'y, and the militia in actual service,) with- out trial by jury. 17. In criminal prosecutions, the trial of focts, in the vicinity where they happen, is so essential to the security of the life, liberty, and estate, NEW HAMPSHIRE. 65 of the citizens, that no crime or offence ought to be tried in any other county than that m which it is committed, except in cases of general insurrection in any particular county, when it shall appear to the judges of the superior courts that an impartial trial •^.annot be had in the county where the offence may be committed, and upon their report the legisla- ture shall think proper to direct the trial in the nearest county in which an impartial trial can be obtained. 18. All penalties ought to be proportioned to the nature of the of- fence. 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 undistinguished 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. 19. Every person hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. Therefore, all warrants to search suspected places, or ar- rest a person for examination or trial, in prosecution for criminal mat- ters, 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 war- rant of a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure ; and no warrant ought to be issued, but in cases, and with the formalities, prescribed by law. 20. In all controversies concerning property, and in all suits between two or more persons, excepting in cases wherein it hath been heretofore otherwise used and practised, the parties have a right to a trial by jury ; and this right shall be deemed sacred and inviolable ; but the legislature may, by the constitution, be empowered to make such regulations as will prevent parties from having as many trials by jury, in the same suit or action, as hath been heretofore allowed and practised, and to extend the civil jurisdiction of justices of the peace to the trials of suits where the sum demanded in damages doth not exceed four pounds, saving the right of appeal to either party. But no such regulations shall take away the right of trial by jury, in any case not in this article before excepted, unless in cases respecting mariners' wages. 21. In order to reap the fullest advantage of the inestimable 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 com- pensated for their travel, time, and attendance. 22. The liberty of the press is essential to the security of freedom in a state ; it ought, therefore, to be inviolably preserved. 23. 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. 24. A well regulated militia is the proper, natural, and sure defence of a state. 25. Standing armies are dangerous to liberty, and ought not to bo raised, or kept up, without the consent of the legislature. F 2 66 CONSTITUTION OF 26. In all cases, and at all times, the military ought to be under strict subordination to, and governed by the civil power. 27. No soldier, in time of peace, shall be quartered in any house, without the consent of the owner ; and in time of war, such quarters ought not to be made but by the civil magistrate, in a manner ordained by the legislature. 28. No subsidy, charge, tax, impost, or duty shall be established, 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. 29. The power of suspending the laws, or the execution of them, ought never to be exercised but by the legislature, or by authority derived therefrom, to be exercised in such particular cases only as the legislature shall expressly provide for. 30. The freedom of deliberation, speech, and debate, in either house of the legislature, is so essential to the rights of the people, that it can- not be the foundation of any action, complaint, or prosecution, in any other court or place whatsoever. 31. The legislature shall assenible for the redress of public gr'ev- ances, and for making such laws as the public good ma)- require. 32. The people have a right, in an orderly and peaceable manner, to assemble and consult upon the public good, give instructions to their representatives, and to request of the legislative body, by way of petition or remonstrcince, redress of the WTongs done them, and of the grievances they suffer. 33. No magistrate or court of law shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punish- ments. 34. No person can, in any case, be subjected to law martial, or to any pains or penalties by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature. 35. It is essential to the preservation of the rights of every indi\ndual, his life, liberty, property, and character, that there be an impartial inter- pretation of the laws and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave well ; subject, however, to such limitations, on account of age, as may be provided by the consti- tution of the state : and that they should have honourable salaries, ascer- tained and established by standing laws. 36. Economy being a most essential virtue in all states, especially in a young one, no pension shall be granted but in consideration of actual services ; and such pensions ought to be granted with great caution by the legislature, and never for more than one year at a time. 37. In the government of this state, the three essential powers thereof, to wit, the legislative, executive, and judicial, ought to be kept as sepa- rate from, and independent of, each other, as the nature of a free govern- ment will admit, or as is consistent with that chain of connexion that binds the whole fabric of the constitution in one indissoluble bond of unity and amity. ^ NEW HAMPSHIRE. 67 38. A frequent recurrence to the fundamental principles of the con- stitution, and a constant adherence to justice, moderation, temperance, industry, frugality, and all the social virtues, are indispensably necessary to preserve the blessings of liberty and good government ; the people ought, therefore, to have a particular regard to all those principles in the choice of their otlicers u»xid representatives : And thej have a right to re- quire of their lawgivers and magistrates an exact and constant observance of them in the formation and execution of the laws necessary for the good administration of the government. PART n. Form of Government. T he 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 independent body politic, or state, by the name of the State of JS'eiv Hampshire. General Court. The supreme legislative power, within this state, shall be vested in the senate and house of representatives, each of which shall have a negative on the other. The senate and house shall assemble every year on the first Wednes- day in 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 in June ; and shall be styled The General Court of JVfew Hampshire. The general court shall for ever 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 deter- mining all manner of crimes, offences, pleas, processes, plaints, actions, causes, matters, and things whatsoever, arising or happening within this state, or between or concerning persons inhabiring or residing, or brought within the same, whether the same be criminal or civil, or whether the crimes be capital or not capital, and whether the said pleas be real, personal, or mixed ; and for awarding and issuing execution thereon. To which courts and judicatories, are hereby given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in contro- versy, 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 estab- lish all manner of wholesome and reasonable orders, laws, statutes, ordi- . nances, 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 citizens 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 ap- pointment of whom are hereafter in this form of government otherwise 68 CONSTITUTION OF provided for ; and to set forth the several duties, powers, and limits of the several civil and military officers of this state, and the fonns of such oaths or affirmations as shall be respectively administered unto them, for \he execution of their several offices and places, so as the same be not repugnant or contrary to this constitution ; and also to impose fmes, 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 de- fence and support of the government of this state, and the protection and preserv'ation of the citizens thereof, according to such arts as are, or shall be, in force within the same. And while the public charges of government, or any part thereof, shall be assessed on polls and estates in the manner that has been here- tofore practised, in order that such assessments may be made with equal- ity, 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 gene- ral court shall order. 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 Uie legis- lature. The doors of the galleries of each house of the legislature shall be kept open to all persons who behave decently, except w^hen the welfare of the state, in the opinion of either branch, shall require secrecy. Senate, The senate shall consist of twelve members, who shall hold their offices for one year, from the first Wednesday in June next ensuing their election. And that the state may be equally represented in the senate, the legis- lature shall, from time to time, divide the state into twelve districts, as nearly equal as may be without dividing towns and unincorporated places ; and in making this division, they shall govern themselves by the proportion of public taxes paid by the said districts, and timely make known to the inhabitants of the state the limits of each district. ;The freeholders and other inhabitants of each district, qualified as in this constitution is provided, shall annually give in their votes for a sena- tor, at some meeting holden in the month of March. The senate sliall be the first branch of the legislature : and the sena- tors shall be chosen in the following manner, viz. Every male inhabitant of each town, and parish with town privileges, and places unincorpo- rated, in this state, of twenty-one years of age and upwards, excepting paupers, and persons excused from paying taxes at their own request, shall have a right at the annual or other meetings of the inhabitants of said towns and parishes, to be duly warned and holden anniially for ever in the month of March, to vote in the town or j^^rish wherein be dwells, for the senators of the county or district whereof he is a mem- ber. Provided, nevertheless. That no person shall be capable of being NEW HAMPSHIRE. 69 elected a senator, who is not seized of a freehold estate, in bJs own right, of the value of two hundred pounds, lying within this state, w-ho is not of the age of thirty years, and who shall not have heen an inhabitant of this state for seven years immediately preceding his election, and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. And every person, qualified as the constitution provides, shall be con- sidered an inhabitant for the purpose of electing and being elected into any ollice or place within this state, in the town, parish, and plantation where he dwelleth, and hath his home. And the inhabitants of plantations and places unincorporated, quali- fied as this constitution provides, who arc 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 meeting 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 noti- fying the electors, collecting and returning the votes, as the selectmen and town clerks have in their several towns by this constitution. The meetings for the choice of governor, council, and senators shall be warned, by warrant, from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen, (whose duty it shall be to attend,) in open meeting, receive the votes of all the inhabitants of such towns and parishes present, and qualified to vote for senators ; and shall, in said meetings, in presence of the said selectmen, and of the town clerk, in said meeting, sort and count the said votes, and make a pubUc 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 secre- tary of the state, with a superscription, expressing the purport thereof : and the said town clerk shall cause such attested copy to be delivered to the sheriff of the county in which such town or parish shall lie, forty days at least before the first Wednesday in June ; or to the secretary of the state at least thirty days before the said first Wednesday in June, and the sheriff of each county, or his deputy, shall deliver all such cer- tificates by him received, into the secretary's office, at least thirty days before the first Wednesday in June. And that there may be a due meeting of senators on the first Wed- nesday in June annually, the governor and the majority of the council for the time being, shall, as soon as may be, examine the returned copies of such records, and, fourteen days before the said first Wednesday in June, he shall issue his summons to such persons as a]:)pear to be chosen senators by a majority of votes, to attend and take their seats on that lay. Provided, nevertheless, That for the first year, the said returned co- pies shall be examined by tlie president and a majority 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. And in case there shall not appear to be a senator elected by a majo- 70 CONSTITUTION OF rity of votes, for any district, the deficiency shall be supplied in the fol- lowing manner, viz. The members of the house of representatives, and sucn 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 vacancies in the senate, arising by •ieath, removal out of the state, or otherAvise, shall be supplied as soon as may be after such vacancies happen. The senate shall be final judges of the elections, returns, and qualifi- cations of their own members, as pointed out in this constitution. The senate shall have power to adjourn themselves, provided such adjournment -do not exceed two days at a time. Provided, nevertheless, That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the legislature be not assembled on such day or at such place. The senate shall appoint their president and other officers, and deter- mine their own rules of proceedings : and not less than seven members of this senate shall make a quorum for doing business : and when less than eight senators shall be present, the assent of five at least shall be necessary to render their acts and proceedings valid. The senate shall be a court, with full power and authority to hear, try, and determine, all impeachments made by the house of representa- tives against any officer or officers of the state, for bribery, corruption, malpractice, or maladministration, in office : with full power to issue summons, or compulsory process, for convening witnesses before them, with all necessary powers incident to a court of trials ; but, previous to the trial of any such impeachment, the members of the senate shall be respectively sworn truly and impartially to try and determine the charge and question, according to evidence. And every officer, impeached for bribery, corruption, malpractice, or maladministration in office, shall be served with an attested copy of the impeachment, and order of the senate thereon, with such citation as the senate may direct, setting forth the time and place of their sitting to try the impeachment ; which service shall be made by the sheriff, or such other sworn officer as the senate may appoint, at least fourteen days previous to the time of trial ; and such citation being duly served and returned, the senate may proceed in hearing of the impeachment, giving the person impeached, if he shall appear, full liberty of producing witnesses and proofs, and of making his 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 nonappearance notwithstanding ; and such judgment shall have the same force and effect as if the person im- peached had appeared and pleaded in the trial. Their judgment, how- ever, shall not extend further than removal from office, disqualification ro hold or enjoy any place of honour, trust, or profit under this state ; but the party so convicted shall nevertheless be liable to indictment, trial, judgment, and punishment according to the laws of the land. 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. NEW HAMPSHIRE. 71 Ihuse of Representatives. ^ There shall be, in the legislature of this state, a representation of the people, annually elected, and founded upon principles of equality ; and in order that such representation may be as equal as circumstances will admit, every town, parish, or place, entitled to town privileges, having one hundred and fifty ratable male polls, of twenty-one years of age, and upwards, may elect one representative: if four hundred and fifty ratable male polls, may elect two representatives ; and so proceeding, in that proportion, make three hundred such ratable polls, the mean of in- creasing number, for every additional representative. Such towns, parishes, or places, as have less than one hundred and fifty ratable polls, shall be classed by the general assembly, for the pur- pose of choosing a representative, and seasonably notified thereof. And in every class formed for the above-mentioned purpose, the first annual meeting shall be held in the town, parish, or place wherein most of the ratable polls reside ; and afterwards in that which has the next highest number ; and so on, annually, by rotation, through the several towns, parishes, or places forming the district. Whenever any town, parish, or place, entitled to town privileges, as aforesaid, shall not have one hundred and fifty ratable polls, and be so situated as to render the classing thereof with any other town, parish, or place very inconvenient ; the general assembly may, upon application of a majority of the votes of such town, parish, or place, issue a writ for their selecting and sending a representative to the general court. The members of the house of representatives shall be chosen annually, in the month of March, and shall be the second branch of the legisla- ture. 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 representa- tives. Every member of the house of representatives shall be chosen by ballot ; and for two years at least next preceding his election, shall have been an inhabitant of this state ; shall have an estate within the district which he may be chosen to represent, of the value of one hundred pounds, one-half of which to be a freehold, whereof he is seized in his own right ; shall be, at the time of his election, an inhabitant of the district he may be chosen to represent, and shall cease to represent such district immediately on his ceasing to be qualified as aforesaid. The members of both houses of the legislature shall be compensated for their services out of the treasury of the state, by a law made for that purpose ; such members attending seasonably, and not departing without license. All intermediate vacancies, in the house of representatives, may be filled up from time to time, in the same manner as annual elec- tions 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 he senate may propose or concur with amendments, as oii other bills. The house of representatives shall have the power to adjourn them selves, but no longer than two days at a time. A majority of the members of the house of representatives shall be 72 CONSTITUTION OF a quorum for doing business : but when less than two-thirds of the house of representatives elected shall be present, the assent of two-thirds of those members shall be necessary to render their acts and proceed- ings valid. No member of the house of representatives or senate shall be arrested or held to bail, on mesne process, during his going to, return from, or attendance upon the court. The house of representatives shall choose their own speaker, appoint their own officers, and settle the rules of proceedings in their own house ; and shall be judge of the return, elections, and qualifications of its members, as pointed out in 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 con- temptuous behaviour, or by threatening or ill treating any of its mem- bers ; or by obstructing its deliberations ; every person guilty of a breach of its privileges, in making arrests for debt, or by assaulting any member during his attendance at any session ; in assaulting or disturbing any one of its officers in the execution of any order or procedure of the house ; in assaulting any witness or other person ordered to attend by, and during his attendance on, the house, or m rescuing any person arrested by order of the house, knowing them to be such. The sen- ate, governor, and council shall have the same powers in like cases : provided that no imprisonment by either for any offence exceed teik days. The journal of the proceedings, and all the 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 mem- ber, the yeas and nays upon any question shall be entered in the jour- nals : and any member of the senate or house of representatives shall have a right, on motion made at the time for that purpose, to have his protest or dissent, with the reasons, against any vote, resolve, or bill passed, entered on the journals. EXECUTIVE POWEB. Goverjior. The governor shall be chosen annually, in the month of March ; and the votes for governor shall be received, counted, certified, and returned in the same manner as the votes for senators ; and the secretary shall lay the same before the senate and house of representatives on the first Wednesday in June, to be by them examined ; and in case of an elec- tion by a majority of votes through the state, the choice shall be by them declared and published. And the qualifications of electors of the governor shall be the same as those for senators ; and if no person shall have a majority of votes, the senate and house of representatives shall, by joint ballot, elect one of the two persons having the highest number of votes, who shall be declared governor. And no person shall be eligible to this office unless, at the time of his election, he shall have been an inhabitant of this state for seven years next preceding, and unless he shall be of the age of \hirty years, and unless he shall, at the same time, have an estate of the value of NEW HAMPSHIRE. 73 five hundred pounds, one-half of which shall consist of a freehold, in his own right, within the state. In cases of disagreement between the two houses, with regard to the time or place of adjournment or prorogation, the governor, 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 determine the public good maj"^ require, to meet at the place where tlie general court shall be at that time sitting ; and he shall dissolve the same seven days before the said first Wednesday in June. And, in case of any infectious distemper prevailing in the place where the said court at any time is to convene, or any other cause whereby dangers may arise to the health or lives of the members from their at- tendance, the governor may direct the session to be holden at some other, the most convenient place within the state. Every bill which shall have passed both houses of the general court shall, before it become a law, be presented to the governor : if he ap- prove, 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 ob- jections at large on their journal, and proceed to reconsider it ; if, after such reconsideration, two-tliirds of that house shall agree to pass the bill, it shall be sent, together with such objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the go- vernor within five days (Si^^ndays excepted) after it shall have been pre- sented to him, the same shwli 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 laVc 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. All judicial officers, the attorney-general, solicitors, all sheriffs, coro- ners, 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. The governor and council shall have a negative on each other, both in the nominations and appointments. Every nomination and appointment shall be signed by the governor and council, and every negative shall also be signed by the governor or council who made the same. The captains and subalterns, in the respective regiments, shall be nominated by the field officers, and, if approved by the governor, shall be appointed by him. Whenever the chair of the governor shall become vacant, by reason of his death, absence from the state, or otherwise, the president of the senate shall, during such vacancy, have and exercise all the powers and authorities which, by this constitution, the governor is vested with, when personally present ; but when thp president of the senate shall G 74 CONSTITUTION OT exercise the office of governor, he shall not hold his office in thfif senate. The governor, with the advice of council, shall have full power and authority, in the recess of the general court, to prorogue the same fronj time to time, not exceeding ninety days, 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 calf it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the state should require the same. 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 this state, by sea and land ; and shall have full power, by himself or by any chief commander, or other officer or officers, from time to time, to train, in- struct, exercise, and govern the militia and navy ; and for the special 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 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 ; an(J 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 manner attempt or enterprise the destruction, invasion, detriment, or annoyance of this state ; and to use and exercise over the army and na^y, and over the militia in actual seTvice, the law martial in time of war, invasion, and also in rebellion, declared by the legislature to exist, as occasion shall necessarily require. And surprise, by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammuni- tion, and other goods, as shall in a hostile manner invade, or attempt the invading, conquering, or annoying this state : And, in fine, the governor is hereby intrusted with all other powers incident to the office of captain-general and commander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land : Provided, that the governor shall not at any time here- after, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legislature, transport any of the inhabi- tants of this 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 such persons as may be convicted of before the senate, by impeachment of the house, shall be in the governor, by and with the advice of the council : but no char- ter of pardon granted by the governor, with advice of council, before conviction, shall avail the party pleading the same, notwithstanding any general and particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. No officer duly commissioned to command in the militia shall be re- moved from his office, but by the address of both houses to the go vemor, or by fair trial in court-martial, pursuant to the laws of the state for the time being. The commandmg officers of the regiments shall appoint their adju- tants and quartermasters ; the brigadiers, their brigade-majors ; the NEW HAMPSHIRE. 75 major-generals, their aids ; the captains and subalterns, their non-com- missioned officers. The governor and council shall appoint all officers of the continental army, whom, by the confederation of the United States, it is provided that this state shall appoint : as also all officers of forts and garrisons. The division of the militia into brigades, regiments, and companies, made in pursuance of the militia laws now in force, shall be considered as the proper division of the militia of this state, until the same shall be altered by some future law. No moneys shall be issued out of the treasury of this state, and dis- posed 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, by warrant under the hand of the governor for the time being, by and with the advice and consent of the council, for the ne cessary support and defence of this state, and for the necessary pro- tection 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 com- manding officers of forts and garrisons within the same, shall, once in every three months, officially and without requisition, and at other times when required by the governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages, and small arms, with their accoutrements, and of all other public property under their care respectively ; distinguishing the quantity and kind of each^ as particularly as may be ; together with the condition of such forts and garrisons; and the commanding officer shall exhibit to the go- vernor, when required by him, true and exact plans of such forts, and of the land and sea, or harbour or harbours adjacent. The governor and council shall be compensated for their services, from time to time, by such grants as the general court shall think reasonable. Permanent and honourable salaries shall be established by law for the justices of the supreme court. Council. There shall be annually elected, by ballot, five counsellors, for advising the governor in the executive part of the government. The freeholders and other inhabitants in each county, quaUfied to vote for senators, shall, some time in the month o^ March, give in their votes for one counsellor ; which votes shall he 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 in June. And the person having a majority of votes in any county shall be considered as duly elected a counsellor ; but if no person shall have a majorit)^ of votes in any county, the senate and house of representa-r tives shall take the names of the two persons who have the highest number of votes in each county and not elected, and out of those two shall elect, by joint ballot, the counsellor wanted for such county. Provided, nevertheless, That no person shsJl be capable of being elected a counsellor who has not an estate of the value of five hundred 76 CONSTITUTION OF pounds within this state, thr^ hundred pounds of which (or more) shall be a freehold in his own right, and who is not thirty years of age ; and who shall not have been an inhabitant of tliis state for seven years immediately preceding his election ; and at the time of his elec- tion an inhabitant of the county in which he is elected. The secretary shall, annually, seventeen days before the first Wed nesday in June, give notice of the choice of persons elected. If any person shall be elected governor, or member of cither branch of the legislature, and shall not accept the trust ; or if any person elect- ed a counsellor shall refuse to accept the office ; or in case of the death, resignation, or removal of any counsellor out of the state, the governor may issue a precept for the election of a new counsellor 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, niay, 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. The members of the council may be impeached by the house, and tried by the senate, for bribery, corruption, malpractice, or malad- ministration. The resolutions and advice of the council shall be recorded by the secretary, in a register, and signed by all the members present agreeing thereto ; and this record may be called for at any time by either house of the legislature ; and any member of the council may enter his opinion contrary to the resolutions of the majority, with the reason for such opinion. The legislature may, if the public good shall hereafter require it, di- vide the state into five districts, as nearly equal as may be, governing themselves by the number of ratable polls, and proportion of public taxes : each district to elect a counsellor ; and in case of such division, the manner of the choice shall be conformable to the present mode ol election in counties. And whereas the elections appointed to be made by this constitution 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, imtil the same may be completed ; and the order of the elections shall be as follows : the vacancies in the senate, if any, shall be first filled up ; the governor shall then be elected, pro- vided 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, &c. 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, and he shall attend the governor and council, the senate and representa- tives, in person, or by deputy, as they may require. The secretary of the state shall, at all times, have a deputy, to be by liim appointed ; for whose conduct in office he shall be responsible. And in case of the death, removal, or inability of the secretary, his depu.y shall exercise all the duties of the office of secretary of this state NEW HAMPSHIRE. 77 until another shall be appointed. The secretary, before he enters upon Ihe business of his ofBce, shall give bond, with sufficient sureties, in a reasonable sum, for the use of the state, for the punctual performance of his trust. 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, ac- cording to the method now practised, and the laws of the state. Provided, nevertheless. The legislature shall have authority to alter he manner of certifying the votes, and the mode of electing those officers ; but not so as to deprive the people of the right they now have of electing them. And the legislature, on the application of the major part of the in- habitants of any county, shall have authority to divide the same into two districts for registering deeds, if to them it shall appear necessary ; each district to elect a register of deeds : and before they enter upon the business of their office, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give bonds, with sufficient sureties, in a reasonable sura, for the use of the county, for the punctual per- formance of their respective trusts. Judiciary Poiver. The tenure that all commissioned officers shall have by law in their offices, shall be expressed in their respective commissions — all judicial officers, duly appointed, commissioned, and sworn, shall hold their offices during good behaviour, excepting those concerning whom there is a diflerent provision made in this constitution ; Provided, nevei^theless, the governor, with consent of council, may remove them upon the ad- dress of both houses of the legislature. Each branch of the legislature, as well as the governor and councii, shall have authority to require the opinions of the justices of the superior court, upon important questions of law, and upon solemn occasions. In order that the people may not suffijr from tlie long continuance in place of any justice of the peace, who shall fail in discharging the im- portant duties of his office with ability and fideUty, all commissions of justices of the peace shall become void at the expiration of five years from their respective dates ; and upon the expiration of any commission, the same may, if necessary, be renewed, or another person appointed, as shall most conduce to the well being of the state. All causes of marriage, divorce, and alimony, and all appeals from the espective judges of probate, shall be heard and tried by the superior court until the legislature shall by law make other provisions. The general court are empowered to give to justices of the peace ju- Isdiction in civil causes, when the damages demanded shall not exceed four pounds, and the title of real estate is not concerned ; but with right of appeal to either party, to some other court, so that a trial by jury in the last resort may be had. No person shall hold the office of a judge in any court, or judge of probate, or sheriff of any county, after he has attained the age of seventy years. e3 78 CONSTITUTION OF No judge of any court, or justice of the peace, shall act as an attor- ney, or be of counsel, to any party, or originate any civil suit, in matters which shall come or be brought before him as judge, or justice of the peace. All matters relating to the probate of wills, and granting letters of ad- ministration, shall be exercised by the judges of probate, in such manner as the legislature have directed, or may hereafter direct ; and the judges of probate shall hold their courts at such place or places, on such fixed days as the conveniency of the people may require, and the legislature from time to time appoint. No judge or register of probate, shall be of council, act as advocate, or receive any fees as advocate or counsel, in any probate business which is pending, or may be brought into any court of probate in the county of which he is judge or register. Clerks of Court. The judges of the courts (those of the probate excepted) shall appoint their respective clerks, to hold their office during pleasure ; and no such clerks shall act as an attorney, or be of counsel, in any cause in the court of which he is clerk, nor shall he draw any writ originating a civil ac- tion. Encouragement of Literature, &c. Knowledge and learning, generally diffused through a community, b& ing 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 interests of Htcrature and the sciences, and all seminaries and public schools, to encourage private and public institu tions, 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 punctuality, sincerity, sobriety, and all social affections and generous sentiments among the people. Oath and subscriptions ; exclusion from offices ; commissions } -writs} confirmation of laivs ; habeas corpus ; the enacting style ; continu- ance of officers ; provision for a future revision of the constitU' tion, &c. Any person chosen governor, 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 solemnly swear, that I will bear faith and true allegiance to the state of New Hampshire, and will support the constitution there- of. So help me God. NEW HAMPSHIRE. 79 I, A. B., 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, agree- ably 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 again. Provided always, When any person chosen or appointed as aforesaid, Bhall be of the denomination called Quakers, or shall be scrupulous of swearing, and shall decline taking the said oaths, such shall take and subscribe them, omitting the word stvear, and likewise the words so help me God, subjoining instead thereof, this I do under the pains and penalties of perjury. And the oaths or affirmations shall be taken and subscribed by the governor, before the president of the senate, in presence of both houses of the legislature, and by the senators and 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 for ever after- wards before the governor and council for the time being ; and by all other officers, before such persons, and in such manner as the legislature shall from time to time appoint. All commissions shall be in the name of the state of New Hampshire, signed by the governor, and attested by the secretary or his deputy, and shall have the great seal of the state affixed thereto. All writs issuing out of the clerk's office in any of the courts of law, shall be in the name of the state of New Hampshire ; shall be under the seal of the court whence they issue, and bear test of the chief, fisst, or senior justice of the court ; but when such justice shall be interasted, then the writ shall bear test of some other justice of the court, to which the same shall be returnable ; and be signed by the clerk of such court. All indictments, presentments, and ijiformations shall conclude, against the peace arid dignity of the state. The estate of such persons as may destroy their own lives shall not for that offence be forfeited, but descend or at as to calling a convention, in which, two-thirds of the whole number elected shall agree, and whose duty it shall be to inquire, whether the constitution has been preserved inviolate in eveiy part during the last septenar)', including the year of their service, and whether the legisla- tive and executive branches of government have performed their dut}'^, as guardians of the people, or assumed to themselves, or exercised other or greater powers than they are entitled to by the constitution : They are also to inquire, whether the public taxes have been justly laid and col- lected in all parts of this commonwealth ; in what manner the public moneys have been disposed of; and whether the laws have been duly executed. For these purposes they shall have power to send for per- sons, papers, and records : they shall have authority to pass public cen- sures, to order impeachments, and to recommend to the legislature the repealing such laws as shall appear to them to have been passed con- trary to the principles of the constitution : I'hese powers they shall continue to have for and during the space of one year from the day of their election, and no longer. The said council of censors shall also have power to call a convention, to meet within two years after their sitting, if there appears to them an absolute necessity of amending any article of this constitution, which may be defective : explaining such as may be thought not clearly expressed : and of adding such as are neces- sary for the preservation of the rights and happiness of the people : but the articles to be amended, and the amendments proposed, and such ar- ticles as are proposed to ];e added or abolished, shall be promulgated at least six months before the day appointed for the election of such con- vention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject. By order of Convention, July 9th, 1793. THOMAS CHITTENDEN, President. Attest, Lewis R. Morris, Secretary. 02 CONSTITUTION OF CONSTITUTION OF RHODE ISLAND. RATIFIED BY THE VOTE OF THE PEOPLE, NOV. 21, 22 AND 23, 1842. We, llie people of the State of Rhode Island and Providence Planta- tions, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to flini for a blessing upon our endeavours to secure and to transmit the same, unimpaired, to succeeding generations, do ordain and establish this Constitution of Go- vernment. ARTICLE 1. — DECLARATION OF CERTAIN CONSTITUTIONAL RIGHTS AND PRINCIPLES. In order effectually to secure the religious and political freedom estab- lished by our venerated ancestors, and to preserve the same for our pos- terity, we do declare that the essential and unquestionable rights and principles hereinafter mentioned, shall be .established, maintained, and preserved, and shall be of paramount obligation in all legislative, judicial and executive proceedings. § 1. In the words of the Father of his Country, we declare, that " the basis of our political systems is the right of the people to make and alter their constitutions of government; but that the constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all." § 2. All free governments are instituted for the protection, safety, and happiness of the people. All laws, therefore, should be made for the good of the whole ; and the burdens of the State ought to be fairly distri- buted among its citizens. § 3. Whereas, Almighty God hath created the mind free ; and all attempts to influence it by temporal punishments or burthens, or by civil incapacitations, tend to beget habits of hypocrisy and meanness ; and whereas a principal object of our venerated ancestors, in their migration to this country and their settlement of this State, was, as they expressed it, to hold forth a lively experiment that a flourishing civil State may stand and behest maintained with full liberty in religious concernments: we, therefore, declare, that no man shall be compelled to frequent or to support any religious worship, place or ministry whatever, except in ful- filment of his own voluntary contract ; nor enforced, restrained, molested or burthcned in his body or goods ; nor disqualified from holding any office; nor otherwise suffer on account of his religious belief; and that every man shall be free to worship God according to the dictates of his own conscience, and to profess and by argument to maintain his opinion in matters of religion ; and that the same shall in no wise diminish, en- large or affect his civil capacity. § 4. Slavery shall not be permitted in this State. § 5. Every person within this State ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, propertj^ or character. He ought to obtain right and justice freely, and without purchase, completely and without denial; promptly and witiiout delay ; conformably to the laws. § 6, The right of tlic people to be secure in their persons, papers, and possessions, against unreasonable searches and seizures, sliall not be vio- lated ; and no warrant shall issue, but on complaint in writing, upon probable cause, su[)ported by oath or affirmation, and describing as nearly RHODE ISLAND. 93 as may be, the place to be searched, and the persons or things to be seized. fj 7. No })erson shall be held to answer for a capital or other infamous crime, unless on presentment or indictment by a grand jury, except in cases of impeaclmient, or of such offences as are cognizable by a justice of the peace; or in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger. No person shall, after an acquittal, be tried for the same offence. § 8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted ; and all punishments ought to be pro- portioned to the offence. § 9. All persons imprisoned ought to be bailed by sufficient surety, unless for offences punishable by death or by imprisonment for life, when the proof of guilt is evident, or the presumption great. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety shall require it ; nor ever without the authority of the General Assembly. § 10. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury ; to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining them in his favour, to have the assistance of counsel in his defence, and shall be at liberty to speak for himself; nor shall he be deprived of life, liberty, or property, unless by the judgment of his peers, or the law of the land. § 11. The person of a debtor, when there is not strong presumption of fraud, ought not to be continued in prison, after he shall have delivered up his property for the benefit of his creditors, in such manner as shall be prescribed by law. § 12. No ex post facto law, or law imp^ring the obligation of con- tracts, shall be passed. § 13. No man in a court of common law shall be compelled to give evidence criminating himself. ^ 14. Every man being presumed innocent, until he is pronounced guilty by the law, no act of severity which is not necessary to secure an accused person, shall be permitted. § 15. The right of trial by jury shall remain inviolate. § 16. Private property shall not be taken for public uses, without just compensation. § 17. The people shall continue to enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they have been heretofore entitled under the charter and usages of this State. But no new right is intended to be granted, nor any existing right impaired by this declaration. § 18. The military shall be held in strict subordination to the civil authority. And the law martial shall be used and exercised in such cases only as occasion shall necessarily require. § 19. No soldier shall be quartered in any house, in time of peace, without the consent of the owner; nor, in time of war, but in manner to be prescribed by law. ^ 20, The liberty of the press being essential to the security of free- dom in a state, any penson may publish his sentiments on any subject, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, unless published from malicious mo- tives, shall be sufficient defence to the person charged. 94 CONSTITUTION OF § 21. The citizens have a right in a peaceable manner to assemble for their common good, and to apply to those invested with the powers of government, for redress of grievances, or for otiier purposes, by petition, address, or remonstrance. § 22. The right of tlie people to keep and bear arms, shall not be in- fringed. § 23. The enumeration of the foregoing rights shall not be construed to impair or deny others retained by the people. ARTICLE 2. OF THE QUALIFICATION OP ELECTORS. § 1. Every male citizen of the United States, of the age of twenty one years, who has had his residence and home in this State for one year, and in the town or city in which he may claim a right to vote, six months next preceding the time of voting, and who is really and truly possessed in his own riglit of real estate in such town or city of the value of one hundred and thirty-four dollars over and above all incumbrances, or which shall rent for seven dollars per annum over and above any rent reserved or the interest of any incumbrances thereon, being an estate in fee sim- ple, fee tail, for the life of any person, or an estate in reversion or re- mainder, which qualifies no other person to vote, the conveyance of which estate, if by deed, shall have been recorded at least ninety days, shall thereafter have a right to vote in the election of all civil officers and on all questions in all legal town or ward meetings so long as he continues so qualified. And if any person hereinbefore described shall own any such estate within this State out of the town or city in which he resides, he shall have a right to vote in tlie election of all general officers and members of the General Assembly in the town or city in which he shall have had his residence and home for the term of six months next preceding the election, upon producing a certificate from the clerk of the town or city in which his estate lies, bearing date within ten days of the time of his voting, setting forth that such person has a suffi- cient estate therein to qualify him as a voter; and that the deed, if any, has been recorded ninety days. § 2. Every male native citizen of the United States, of the age of twenty-one years, who has had his residence and home in this State two years and in the town or city in whicli he may offer to vote, six months next preceding the time of voting, whose name is registered pursuant to the act calling the convention to frame this constitution, or shall be registered in the office of the clerk of such town or city at least seven days before the time he shall offer to vote, and before the last day of December in the present year ; and who has paid or shall pay a tax ojf— taxes assessed upon his estate within this State and within a year of the time of voting to the amom»ta)f one dollar, or who shall voluntarily pay at least seven days before the time he shall offer to vote, and before said last day of December, to the clerk or treasurer of the town or city where he resides, the sum of one dollar, or such sum as with his other taxes, shall amount to one dollar, for the support of public schools therein, and shall make proof of the same, by the certificate of the clerk, treasurer or collector of any town or city where such payment is made: or, who oeing so registered, has been enrolled in any milit;iry company in this State, and done military service or duty therein, within the present year, pursuant to law, and shall, (until other proof is required by law,) prove by the certificate of the officer legally commanding the regiment, or cliartcred, or legally authorized volunteer company in which he may RHODE ISLAND. 95 have served or done duty, that he has been equipped and done duty ac- cording to law, or by the certificate of the commissioners upon military claims, that he has performed military service, shall have a right to vote in the election of all civil officers, and on all questions in all legally or^ ganized town or ward meetings, until the end of the first year after the adoption of this constitution, or until the end of the year eighteen hun- dred and forty-three. From and after that time, every such citizen who has had the resi- dence herein required, and whose name siiall be registered in the town where he resides, on or before the last day of December, in the year next preceding the time of his voting, and who shall show by legal proof, that he has for and within the year next preceding the time he shall offer to vote, paid a tax or taxes assessed against him in any town or city in this State, to the amount of one dollar, or that he has been enrolled in a military company in this State, been equipped and done duty therein, according to Jaw, and at least, for one day during such year, shall have a right to vote in the election of all civil officers, and on all questions in all legally organized town or ward meetings : Provided, that no person siiall at any time be allowed to vote in the election of the City Council of the city of Providence, or upon any proposition to im- pose a tax or for tbe expenditure of money in any town or city, unless he shall within the year next preceding, have paid a tax assessed upon his property therein, valued at least, at one hundred and thirty-four dollars. § 3. The assessors of each town or city shall annually assess upon every person whose name shall be registered, a tax of one dollar, or such sum as with his other taxes shall amount to one dollar, which registry tax shall be paid into the treasury of such town or city, and be applied to the support of public schools therein : But no compulsory process shall issue for the collection of any registry tax : Provided, that the registry tax of every person who has performed military duty accord- ing to the provisions of the preceding section, shall be remitted for the year he shall perform such duty ; and the registry tax assessed upon any mariner, for any year while he is at sea, shall, upon his application, be remitted ; and no person shall be allowed to vote whose registry tax for either of the two years next preceding the time of voting is not paid or remitted as herein provided. § 4. No person in the military, naval, marine, or any other service of the United States, shall be considered as having the required residence by reason of being employed in any garrison, barrack, or military or naval station in this State : and no pauper, lunatic, person non compos mentis, person under guardianship, or member of the Narragansett tribe of Indians, shall be permitted to be registered or to vote. Nor shall any person convicted of bribery or of any crime deemed infamous at com- mon law, be permitted to exercise that privilege, until he be expressly restored thereto by act of the General Assembly. . § 5. Persons residing on lands ceded by this State to the United States, shall not be entitled to exercise the privilege of electors. § 6. The General Assembly shall have full power to provide for a registry of voters, to prescribe the manner of conducting the elections, the form of certificates, the nature of the evidence to be required in case of a dispute as to the right of any person to vote, and generally to enact all laws necessary to carry this article into efiect, and to prevent abuse, corruption, and fraud in voting. 96 CONSTITUTION OF ARTICLE 3. OF THE DISTRIBUTION OF POWERS. The powers of the government shall be distributed into three depart* ments ; the Legislative, Executive, and Judicial. ARTICLE 4. — OF THE LEGISLATIVE POWER. § 1. This Constitution shall be the supreme law of the State, and any law inconsistent therewith shall be void. The General Assembly shall pass all laws necessary to carry this Constitution into effect. § 2. The Legislative power, under this Constitution, shall be vested in two Houses, tiie one to be called the Senate, the other the House of Representatives ; and both together the General Assembly. The con- currence of the two Houses shall be necessary to the enactment of laws. The style of their laws shall be. It is enacted by the General Assembly as follows : § 3. There shall be two sessions of the General Assembly holden annually ; one at Newport, on the first Tuesday of May, for the pur- poses of election and other business ; the other on the last Monday of October, which last session shall be holden at South Kingstown, once in two years, and the intermediate years alternately at Bristol, and East Greenwich; and an adjournment from the October session shall be holden annually at Providence. § 4. No member of the General Assembly shall take any fee, or be of counsel in any case pending before either House of the General Assem- bly, under penalty of forfeiting his seat, upon proof thereof to the satis- faction of the House of which he is a member. § 5. The person of every member of the General Assembly shall ba exempt from arrest and his estate from attachment in any civil action, during the session of the General Assembly, and two days before the commencement, and two days after the termination thereof, and all pro- cess served contrary hereto shall be void. For any speech in debate in either House, no member shall be questioned in any other place. § 6. Each House shall be the judge of the elections and qualifications of its members ; and a majority shall constitute a quorum to do busi- ness ; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner, and under such penalties as may be prescribed by such House or by law. The organization of the two Houses may be regulated by law, subject to the limitations contained in this constitution. § 7. Each House may determine its rules of proceeding, punish con- tempts, punish its members for disorderly behaviour, and, with the con- currence of two-thirds, expel a member ; but not a second time for the same cause. § 8. Each House shall keep a journal of its proceedings. The yeas and nays of the members of either House, shall, at the desire of one- fiftli of tlinse present, be entered on the journal. § 9. Nuther House shall, during a session, without the consent of the other, adjourn for more than two days, nor to any other place than that in wliich tliey may be sitting. § 10. Tlie General Assembly shall continue to exercise the powers they have heretofore exercised, unless prohibited in this constitution. § 11. The Senators and Representatives shall receive tlie sum of one dollar for every day of attendance, and eight cents per mile for travelling expenses in going to and returning from the General Assembly. The RHODE ISLAND. 97 General Assembly shall regulate the compensation of the Governor and all other officers, subject to the limitations contained in this constitution. § 12. All lotteries shall hereafter be prohibited in this State, except those already authorized by the General Assembly. § 13. The General Assembly shall have no power, hereafter, without the express consent of the people, to incur State debts to an amount exceeding fifty thousand dollars, except in time of war, or in case of insurrection or invasion, nor shall they in any case, without such con- sent, pledge the faith of the State for the payment of the obligations of others. This section shall not be construed to refer to any money that may be deposited with this State by the Government of the United States. ^14. The assent of two-thirds of the members elected to each House of the General Assembly shall be required to every bill appropriating the public money or property for local or private purposes. § 15. The General Assembly shall, from time to time, provide for making new valuations of property, for the assessment of taxes, in such manner as they may deem best. A new estimate of such property shall be taken before the first direct State tax after the adoption of this con- stitution, shall be assessed. § 16. The General Assembly may provide by law for the continuance m office of any officers of annual election or appointment, until other persons are qualified to take their places. § 17. Hereafter, when any bill shall be presented to either House of the General Assembly, to create a corporation for any other than for religious, literary, or charitable purposes, or for a military, or fire com- pany, it shall be continued until another election of members of the General Assembly shall have taken place, and such public notice of the pendency thereof shall be given as may be required by law. § 18. It shall be the duty of the two Houses upon the request of either, to join in grand committee for the purpose of electing Senators in Con- gress, at such times and in such manner as may be prescribed by law for said elections. ARTICLE 5. OF THE HOUSE OF REPRESENTATIVES. § 1. The House of Representatives shall never exceed seventy-two members, and shall be constituted on the basis of population, always allowing one Representative for a fraction exceeding half the ratio; but each town or city shall always be entitled to at least one member ; and no town or city shall have more than one-sixth of the whole number of members to which the House is hereby limited. The present ratio shall be one representative to every fifteen hundred and thirty inhabitants, and the General Assembly may, after any new census taken by the authority of the United States, or of this State, re-apportion the representation by altering the ratio ; but no town or city shall be divided into districts for the choice of representatives- § 2. The House of Representatives shall have authority to elect its speaker, clerks, and other officers. The senior member from the town of Newport, if any be present, shall preside in the organization of the House. ARTICLE 6. OF THE SENATE. § 1. The Senate shall consist of the Lieutenant-Governor, and of one Senator from each town or city in the State. § 2. The Governor, and, in his absence, the Lieutenant-Governor shall I 98 CONSTITUTION OF preside in the Senate and in grand committee. The presiding officer of the Senate and grand committee shall have a right to vote in case of equal division, but not otherwise. § 3. If, by reason of death, resignation, absence, or other cause, there be no Governor or Lieutenant-Governor present, to preside in the Senate, the Senate shall elect one of their own members to preside during such absence or vacancy ; and until such election is made by the Senate, the Secretary of State shall preside. § 4. The Secretary of State shall, by virtue of his office, be Secretary of the Senate, unless otherwise provided by law ; and the Senate may elect such other officers as they may deem necessary. ARTICLE 7. OF THE EXECUTIVE POWER. § 1. The chief executive power of this State shall be vested in a Governor, who, together with a Lieutenant-Governor, shall be annually elected by the people. § 2. The Governor shall take care that the laws be faithfully executed. § 3. He shall be captain-general and commander-in-chief of the mili- tary and naval forces of this State, except when they shall be called into the service of the United States. § 4. He shall have power to grant reprieves after conviction, in all cases except those of impeachment, until the end of the next session c^ the General Assembly. § 5. He may fill vacancies in office not otherwise provided for by this constitution or by law, until the same shall be filled by the General Assembly, or by the people. § 6. In case of disagreement between the two Houses of the General Assembly, respecting the time or place of adjournment, certified to hin» by either, he may adjourn them to such time and place as he shall think proper ; provided that the time of adjournment shall not be extended beyond the day of the next stated session. § 7. He may, on extraordinary occasions, convene the General Assem- bly at any town or city in this State, at any time not provided for by law ; and in case of danger from the prevalence of epidemic or contagi- ous disease, in the place in which the General Assembly are by law to meet, or to which they may have been adjourned ; or for other urgent reasons, he may, by proclamation, convene said Assembly, at any other place within this State. § 8. All commissions shall be in the name and by authority of the State of Rhode Island and Providence Plantations ; shall be sealed with the State seal, signed by the Governor and attested by the Secretary. § 9. In case of vacancy in the office of Governor, or of his inability to serve, impeachment, or absence from the State, the Lieutenant- Governor shall fill the office of Governor and exercise the powers and authority appertaining thereto, until a Governor is qualified to act, or until the office is filled at the next annual election. § 10. If the offices of Governor and Lieutenant-Governor be both vacant by reason of death, resignation, impeachment, absence, or other- wise, the person entitled to preside over the Senate for the time being, shall in like manner fill the office of Governor during such absence or vacancy. § 11. The compensation of the Governor and Lieutenant-Governor shall be established by law, and shall not be diminished during the term for which they are elected. RHODE ISLAND. 99 § 12. The duties and powers of the Secretary, Attorney-General, and General Treasurer, shall be the same under this constitution as are now established, or as from time to time may be prescribed by law. ARTICLE 8. OF ELECTIONS. § 1. The Governor, Lieutenant-Governor, Senators, Representatives, Secretary of State, Attorney-General, and General Treasurer, shall be elected at the town, city, or ward meetings, to be holden on the first Wednesday of April, annually ; and shall severally hold their offices for one year, from the first Tuesday of May next, succeeding, and until others are legally chosen, and duly qualified to fill tlieir places. If elected or qualified after the said first Tuesday of May, they shall hold their offices for the remainder of the political year, and until their sue- cessors are qualified to act, § 2. The voting for Governor, Lieutenant-Governor, Secretary of State, Attorney-General, General Treasurer, and Representatives to Con- gress, shall be by ballot ; Senators and Representatives to the General Assembly, and town or city officers, shall be chosen by ballot, on demand of any seven persons entitled to vote for the same ; and in all cases where an election is made by ballot or paper vote, the manner of ballot- ing shall be the same as is now required in voting for general officers, until otherwise prescribed by law. § 3. The names of the persons voted for as Governor, Lieutenant- Governor, Secretary of State, Attorney-General, and General Treasurer, shall be placed upon one ticket, and all votes for these officers shall, in open town or ward meetings be sealed up by the moderators and town clerks and by the wardens and ward clerks, who shall certify the same and dehver or send them to the Secretary of State ; whose duty it shall be securely to keep and deliver the same to the grand committee, after the organization of the two Houses at the annual May session; and it shall be the duty of the two Houses at said session, after their organiza- tion, upon the request of either House, to join in grand committee, for the purpose of counting and declaring said votes, and of electing other officers. § 4. The town and ward clerks shall also keep a correct list or regis- ter, of all persons voting for general officers, and shall transmit a copy thereof to the General Assembly, on or before the first day of said May session. § 5. The ballots for Senators and Representatives in the several towns, shall in each case after the polls are declared to be closed, be counted by the moderator, who shall announce the result, and the clerk shall give certificates to the persons elected. If, in any case, there be no election, the polls may be re-opened, and the hke proceedings shall be had until an election shall take place : Provided, however, that an adjournment or adjournments of the election may be made to a time not exceeding seven days from the first meeting. § 6. In the city of Providence, the polls for Senator and Representa- tives shall be kept open during the whole time of voting for the day, and the votes in the several wards shall be sealed up at the close of the meeting by the wardens and ward clerks In open ward meeting, and afterwards delivered to the city clerk. The Mayor and Aldermen shall proceed to count said votes within two days from the day of election ; and if no election of Senator and Representatives, or if an election of only a portion of the Representatives shall have taken place, the Mayor leO CONSTITUTION OF and Aldermen shall order a new election, to be held not more than ten days from the day of the first election, and so on until the election shall be completed. Certificates of election shall be furnished by the city clerk to the persons chosen. § 7. If no person shall have a majority of rotes for Governor, it shall be the duty of the grand committee to elect one by ballot from the two persons having the highest number of votes for tlie office, except when such a result >s produced by rejecting the entire vote of any town, city, or ward, for informality or ille- gality, in which case a new election by the electors throughout the State shall be ordered; and in case no person shall have a oiajority of votes for Lieutenant' Governor, it shall be the duty of the grand committee to elect one by ballot from the two persons having the highest number of votes for the office. § 8. In case an election of the Secretary of State, Attorney-General, or General Treasurer, should fail to be made by the electors at the annual election, the vacancy or vacancies shall be filled by the General Assembly in grand committee, from the two candidates for such oflice having the greatest number of the votes of the electors. Or, in case of a vacancy in either of said offices from other causes, between the sessions of the General Assembly, the Governor shall appoint some person to fill the same until a successor elected by the General Assembly is qualified to act ; and in such case, and also in all other cases of vacancies, not otherwise provided for, the General Assembly may fill the same in any manner they may deem proper. § 9. Vacancies from any cause in the Senate or House of Representatives may be filled by a new election. § 10. Tn all elections held by the people, under this constitution, a majority of all the electors voting shall be necessary to the election of the persons voted for. ARTICLE 9. OF QUALIFICATIONS FOB. OFFICE. § 1. No person shall be eligible to any civil office^ (excei)t the office of school committee,) unless be be a qualified elector for such office. § 2. Every person shall be disqualified from holding any office to which he may have been elected, if he be convicted of having ofiered, or procured any other person to offi^r, any bribe to secure his election, or the election of any other person. § 3. All general officers shall take the following engagement before they act in their respective offices, to wit: You being by the free vote of the electors of this State of Rhode Island and Providence Plantations, elected unto the place of do solemnly swear (or affirm) to be true and faithful unto this State, and to support the Constitution of this State and of the United States ; that you will faithfully and impartially discharge all the duties of your aforesaid office to the best of your abilities, according to law : So help you God. Or, this affirmation you make and give upon the peril of the penalty of perjury. § 4. Tlie members of the General Assembly, the Judges of all the Courts, and all other officers, both civil and military, shall be bound by oath or affirmation to support this Constitution, and the Constitution of the United States. § 5. The oath, or affirmation, shall be administered to the Governor, Lieuten- ant-Governor, Senators, and Representatives by the Secretary of State, or, in his absence, by the Attorney-General. The Secretary of State, Attorney-General, and General Treasurer, shall be engaged by the Governor, or by a Justice of the Supreme Court. § 6. No person holding any office under the government of the United States, or of any other State or country, shall act as a general officer, or as a member of the General Assembly, unless at the time of taking his engagement, he shall have resigned his office under such government; and if any general officer. Senator, Representative, or Judge, shall, after his election and engagement, accept any appointment under any other government, his office under this shall be imme- diately vacated ; but this restriction shall not apply to any person appointed to take depositions or acknowledgements of deeds, or other legal instruments, by •he authority of any other State or country. ARTICLE 10. OF THE JUDICIAL POWER. § 1. The Judicial power of this State shall be vested in one Supreme Court, and in such inferior courts as the General Assembly may, from time to time, ordain and establish. § 2. The several courts shall have such jurisdiction as may from time to time be prescribed by law. Chancery (lowers may be conferred on the Supreme Court, but on no other Court to any greater extent than is now provided by law. RHODE ISLAND. lOJ I 3. Tlie Judges of the Supreme Court shall, ip all trials, instruct the iu.y in Ihe law. They shall also give their written opinion upon any question of law whenever requested by the Governor, or by either House of the General Assem- bly. S 4 The Judges of the Supreme Court shall be elected by the two Houses in grand committee. Each Judge shall hold his office until his place be declared vacant by a resolution of the General Assembly to that effect ; which resolution shall be voted for by a majority of all the members elected to the House in which it may originate, and be concurred in by the same majority of the other House. Such resolution shall not be entertained at any other than the annual session for the election of public officers; and in default of the passage thereof at said ses- sion, the Judge shall hold liis place as is herein provided. But a Judge of any court shall be removed from office, if, upon impeachment, he shall be found guilty of any official misdemeanor. § 5. In case of vacancy by death, resignation, removal from the State or from office, refusal or inability to serve, of any Judge of the Supreme Court, the office may be filled by the grand committee, until the next annual election, and the Judge then elected shall hold his office as before provided. In cases of impeach- ment, or temporary absence or inability, the Governor may appoint a person to discharge the duties of the office during the vacancy caused thereby. § 6. The Judges of the Supreme Court shall receive a compensation for their services, which shall not be diminished during their continuance in office. § 7. Tlie towns of New Shoreham and Jamestown may continue to elect their wardens as heretofore. The other towns and the city of Providence, may elect «uch number of justices of the peace, resident therein, as they may deem proper. The jurisdiction of said justices and wardens shall be regulated by law. The justices shall be commissioned by the Governor. ARTICLE 11. OF IMPEACHMENTS. § 1. Tlie House of Representatives shall have the sole power of impeachment. A vote of two-thirds of all the members elected shall be required for an impeach- ment of the Governor. Any officer impeached, shall thereby be suspended from office until judgment in the case shall have been pronounced. § 2. All impeachments shall be tried by the Senate ; and, when sitting for that purpose, they shall be under oath or affirmation. No person shall be convicted except by vote of two- thirds of the members elected. When the Governor is im- peached, the chief or presiding justice of the Supreme Court for the time being, shall preside, with a casting vote in all preliminary questions. § 3. The Governor and all other executive and judicial officers, shall be liable to impeachment; but judgment in such cases shall not extend further than to removal from office. The person convicted, shall, nevertheless, be liable to in- dictment, trial, and punishment, according to law. ARTICLE 12. OF EDUCATION. § 1. The diffusion of knowledge, as well as of virtue, among the people, being essential to the preservation of their rights and liberties, it shall be the duty of the General Assembly to promote public schools, and to adopt all means which they may deem necessary and proper to secure to the people the advantages and opportunities of education. § 2. The money which now is, or which may hereafter be appropriated by law for the establishment of a permanent fund for the support of public schools, shall he securely invested and remain a perpetual fund for that purpose. §3. All donations for the support of public schools or for other purposes of education, which may be received by the General Assembly, shall be applied according to the terms prescribed by the donors. § 4. Tlte General Assembly shall make all necessary provisions by law for car- rying this article into effect. They shall not divert said money or fund from the aforesaid uses, nor borrow, appropriate, or use the same, or any part thereof, for any other purpose, under any pretence whatsoever. ARTICLE 13. ON AMENDMENTS. The General Assembly may propose amendments to this constitution by th.e votes of a majority of all the members elected to each House. Such propositions for amendment shall be published in the newspapers, and printed copies of them shall be sent by the Secretary of State, with the names of all the members who shall have voted thereon, with the yeas and nays, to all the town and city clerks in the State. The said propositions shall be, by said clerks, inserted in the war- rants or notices by them issued, for warning the next annual town and ward meetings in April ; and the clerks shall read said propositions to the electors when i2 102 CONSTITUTION OF thus asverabled, wth the naiups of all the Representatives and Senators who shall nave voted thereon, with the yeas and nays, before the election of Senators and Representatives shall be had. If a majority of all the members elected to each House, at said annual meeting, shall approve any proposition thus made, the game shall be published and submitted to the electors in the mode provided in the act of approval; and if then approved by three-fifths of the electors of the State present, and voting thereon in town and ward meetings, it shall become a part of the constitution of the State. ARTICLE 14. OF THE ADOPTION OF THIS CONSTITUTION. § 1. This constitution, if adopted, shall go into operation on the first Tuesday of May, ia the year one thousand eight hundred and forty-three. The first elec- tion of Governor, Lieutenant-Governor, Secretary of State, Attorney-General, and General Treasurer, and of Senators and Representatives under said constitu- tion, shall be had on the first Wednesday of April next preceding, by the electors qualified under said constitution. And the town and ward meetings therefore shall be warned and conducted as is now provided by law. All civil and military officers now elected, or who shall hereafter be elected, by tl)e General Assembly, or other competent authority, before the said first Wednesday of April, shall hold their offices and may exercise their powers until the said first Tuesday of May, or until their successors shall be qualified to act. All statutes, public and private, not repugnant to this constitution, shall continue in force until they expire by their own limitation, or are repealed by the General Assembly. All charters, con- tracts, judgments, actions, and rights of action, shall be as valid as if this consti- tution had not been made. The present government shall exercise all the powers with which it is now clothed, until the said first Tuesday of May, one thousand eight hundred and forty-three, and until the government under this constitution is duly organized. § 2. All debts contracted and engagements entered into, before the adoption of this constitution, shall be as valid against the State as if this constitution had not been adopted. § 3. Tlie Supreme Court, established by this constitution, shall have the same jurisdiction as the Supreme Judicial Court at present established, and shall have jurisdiction of all causes which may be appealed to, or pending in the same ; and shall be held at the same times and places, and in each county, as the present Supreme Judicial Court, until otherwise prescribed by the General Assembly. § 4. The towns of New Shoreham and Jamestown shall continue to enjoy the exemptions from military duty which they now enjoy, until otherwise prescribed by law. Done in Convention, at East-Greenwich, this fifth day of November, eighteen hundred and forty-two. JAMES FENNER, President. HENRY Y. CRANSTON, Vice-PresH. Thomas A. Jknckes, ) secretaries Walter W. Updike, \ ^^^'^'^^'^s- / CONSTITUTION OF CONNECTICUT. PREAMBLE. The people of Connecticut, acknowledging, with gratitude, the good providence of God, in having permitted them to enjoy a free government, do, in order more effectually to define, secure, and perpetuate the liber- ties, rights, and privileges which they have derived from their ancestors, hereby, after a careful consideration and revision, ordain and establish the following constitution and form of civil government. ARTICLE I. Declaration of Rights. That the great and essential principles of liberty and free government may be recognised and established, we declare : fj 1. That all men, when they form a social compact, are equal in CONNECTICUT. 103 rights ; and that no man, or set of men, are entitled to exclusi-ve public emoluments or privileges from the community. § 2. That all political power is inherent in the people, and all free go- vernments are founded on their authority, and instituted for theii benefit ; and that they have at all times an undeniable and indefeasible right to alter their form of government in such manner as they may think expedient. § 3. The exercise and enjoyment of religious profession and worship, without discrimination, shall for ever be free to all persons in this state, provided that the right hereby declared and established shall not be so construed as to excuse acts of licentiousness, or to justify practices in- consistent with the peace and safety of the state. § 4. No preference shall be given by law to any Christian sect or mode of worship. § 6. Every citizen may freely speak, write, and publish his senti- ments on all subjects, being responsible for the abuse of that liberty. § 6. No law shall ever be passed to curtail or restrain the liberty of speech or of the press. § 7. In all prosecutions or indictments for libels, the truth may be given in evidence, and the jury shall have a right to determine the law and the facts, under the direction of the court. § 8. The people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches, or seizures ; and no warrant to search any place, or to seize any person or things, shall issue, without describing them as nearly as may be, nor without probable cause, sup- ported by oath or affirmation. § 9. In all criminal prosecutions, the accused shall have a right to be heard, by himself and by counsel : to demand the nature and cause of the accusation ; to be confronted by the witnesses against him ; to have compulsory process to obtain witnesses in his favour ; and in all prose- cutions by indictment or information, a speedy public trial by an im- partial jury. He shall not be compelled to give evidence against him- self, nor be deprived of life, liberty, or property, but by due course of law. And no person shall be holden to answer for any crime, the punishment of which may be death or imprisonment for life, unless on a presentment or an indictment of a grand jury ; except in the land or naval forces, or in the militia, w hen in actual service, in time of war or public danger. § 10. No person shall be arrested, detained, or punished, except m cases clearly warranted by law. § 11. The property of no person shall be taken for public use, without just compensation therefor. § 12. All courts shall be open, and every person, for an injury done him, in his person, property, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or lay. § 13. Excessive bail shall not be required, nor excessive fines im- § 14. All pnsoners shall, before conviction, be bailable by sufficient sureties, except for capital offences, where the proof is evident, or the presumption great ; and the privileges of the writ of habeas corpus shall 104 CONSTITUTION OF not be suspended, unless when in case of rebellion or invasion the public safety may require it ; nor in any case, but by the legislature. § 15. No person shall be attainted of treason or felony by the legisla- ture. § 1 6. The citizens have a right, 'n a peaceable manner, to assemble for their common good, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by pe- tition, address, or remonstrance. § 17. Every citizen has a right to bear arms in defence of himself and the state. § 18. The military shall, in all cases, and at all times, be in stnct subordination to the civil power. § 19. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner ; nor in time of war, but in a manner to be prescribed by law. § 20. No hereditary emoluments, privileges, or honours shall ever bo granted or conferred in this state. § 21. The right of trial by jury shall remain inviolate. AKTICLE 2. Of the Dhtribution of Potvers. The powers of government shall be divided into three distinct depart- ments, and each of them confided to a separate magistracy, to wit ; — those which are legislative, to one ; those which are executive, to an- other ; and tliose which are judicial, to another. ARTICLE 3. Of the Legislative Department. § 1. The legislative power of this state shall be vested in two distinct houses or branches ; the one to be styled the senate, the other the house of representatives, and both together the general assembly. The style of the laws shall be : Be it enacted by the senate and house of repre- sentatives m general assembly convened. § 2. There shall be one stated session of the general assembly, to be holden each year, alternately at Hartford and New Haven, on the first Wednesday of May, and at such other times as the general assembly shall judge necessary ; the first session to be holden at Hartford ; but the person administering the office of governor, may, on special emergen- cies, convene the general assembly at either of said places, at any other time. And in case of danger from the prevalence of contagious diseases in either of said places, or other circumstances, the person administering the office of governor, may, by proclamation, convene said assembly at any other place in this state. § 3. The house of representatives shall consist of electors residing in towns from which they are elected. The number of representatives from each town shall be the same as at present practised and allowed. In case a new town shall hereafter be incorporated, such new town shall be en- titled to one representative only : and if such new town shall be made from one or more towns, the town or towns from which the same shall be made, shall be entitled to the same number of representatives as at pre- CONNECTICUT. 105 sent allowed, unless the number shall be reduced by the consent of such town or towns. § 4. The senate shall consist of twelve members, to be chosen annu ally by the electors. § 5. At the meetings of the electors, held in the several towns in this state, in April annually, after the election of representatives, the electors present shall be called upon to bring in their written ballots for senators. The presiding officer shall receive the votes of the electors, and count and declare them in open meeting. The presiding officer shall also make duplicate lists of the persons voted for, and of the number of votes for each, which shall be certified by the presiding officer ; one of which lists shall be delivered to the town clerk, and the other, within three days after said meeting, shall be delivered, under seal, either to the secretary or to the sherifl' of the county in which said town is situated ; which list shall be directed to the secretary, with a superscription expressing the purport of the contents thereof. And each sheriff who shall receive such votes shall, within fifteen days after said meeting, deliver, or cause them to be delivered, to the secretary. § 6. The treasurer, secretary, and comptroller, for the time being, shall canvass the votes publicly. The twelve persons having the greatest num- " ber of votes for senators shall be declared to be elected. But, in cases where no choice is made by the electors, in consequence of an equality of votes, the house of representatives shall designate, by ballot, which of the candidates having such equal number of votes shall be declared to be elected. The return of votes, and the result of the canvass, shall be sub- mitted to the house of representatives, and also to the senate, on the first day of the session of the general assembly, and each house shall be the final judge of the election returns and qualifications of its own members. § 7. The house of representatives, when assembled, shall choose a speaker, clerk, and other officers. The senate shall choose its clerk and other officers, except the president. A majority of each house shall con- stitute a quorum to do business ; but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner, and under such penalties, as each house may prescribe. •§ 8. Each house shall determine the rules of its own proceedings, punish members for disorderly conduct, and, with the consent of two- thirds, expel a member, but not a second time for the same cause ; and shall have all other powers necessary for a branch of the legislature of a free and independent state. § 9. Each house shall keep a journal of its proceedings, and publish the same when required by one-fifth of its members, except such parts as, in the judgment of a majority, require secrecy. The yeas and nays of the members of either house shall, at the desire of one-fifth of those pre- sent, be entered on the journals. § 10. The senators and representatives shall, in all cases of civil pro- cess, be privileged from arrest during the session of the general assembly, and for four days before the commencement and after the termination of any session thereof. And for any speech or debate in either house, they shall not be questioned in any other place. § 11. The debates of each house shall be public, except on such occa- sions as in the opinion of the house may require secrecy. 106 CONSTITUTION OF ARTICLE 4. Of the Executive Department. § 1. The supreme executive power of the state shall be vested in a governor, who shall be chosen by the electors of the state, and shall hold his office for one year from the first Wednesday of May next succeeding his election, and until his successor be duly qualified. No person who is not an elector of this state, and who has not arrived at the age of thirty, shall be eligible. § 2. At the meetings of the electors, in the respective towns, in the month of April in each year, immediately after the election of senators, the presiding officers shall call upon the electors to bring in their ballots for him whom they would elect to be governor, with his name fairly written. When such ballots shall have been received and counted, in the presence of the electors, duplicate lists of the persons voted for, and of the number of votes given for each, shall be made and certified by the presiding oflScer, one of which lists shall be deposited in the office of the town clerk, within three days, and the other within ten days after the said election, shall be transmitted to the secretary, or to the sheriff of the county in which such election shall have been held. The sheriff* re- ceiving said votes shall deliver, or cause them to be delivered, to the secretary, within fifteen days next after said election. The votes so re- turned shall be counted by the treasurer, secretary, and comptroller, within the month of April : A fair list of the persons and number of votes given for each, together with the returns of the presiding officers, shall be, by the treasurer, secretary, and comptroller, made and laid be- fore the general assembly then next to be holden, on the first day of the session thereof; and said assembly shall, after examination of the same, declare the person whom they shall find to be legally chosen, and give him notice accordingly. If no person shall have a majority of the whole number of said votes, or if two or more shall have an equal and the greatest number of said votes, then said assembly on the second day of their session, by joint ballot of both houses, shall proceed, without debate, to choose a governor from a list of the names of the two persons having the greatest number of votes, or of the names of the persons having an equal and highest number of votes so returned as aforesaid. The gene- ral assembly shall by law prescribe the manner in which all questions concerning the election of a governor or lieutenant-governor shall be de- termined. ^ 3. At the annual meetings of the electors, immediately after the elec- tion of governor, there also shall be chosen, in the same manner as is herein before provided for the election of governor, a lieutenant-governor, who shall continue in office for the same time, and possess the same qualifi- cations. § 4. The compensations of the governor, lieutenant-governor, sena- tors, and representatives shall be established by law, and shall not be varied so as to take effect until after an election which shall next suc- ceed the passage of the law establishing said compensation. § 5, The governor shall be captain-general of the militia of the state except when called into the service of the United States. § 6. He may require information, in writing, from the officers in the CONNECTICUT. 107 incccutive department, on any subject relating to the duties of their re- spective offices. § 7. The governor, in case of a disagreement between the two houses of the general assembly respecting the time of adjournment, may ad- journ them to such time as he shall think proper, not beyond the day of the next stated session. § 8. He shall, from time to time, give to the general assembly in- formation of the state of the government, and recommend to their con sideration such measures as he shall deem expedient. § 9. He shall take care that the laws be faithfully executed. § 10. The governor shall have power to grant reprieves, after con- viction, in all cases except those of impeachment, until the end of the next session of the general assembly, and no longer. § 11. All commissions shall be in the name and by authority of the state of Connecticut ; shall be scaled with the state seal, signed by the governor, and attested by the secretary. § 12. Every bill which shall have passed both houses of the general assembly, shall be presented to the governor. If he approve, he shall sign and transmit it to the secretary ; but if not, he shall return it to the house in which it originated, with his objections, which shall be entered on the journals of the house ; who shall proceed to reconsider the bill. If, after such reconsideration, that house shall again pass it, it shall be sent, with the objections, to the other house, which shall also reconsider it. If approved, it shall become a law. But, in such cases, the votes of both houses shall be determined by yeas and nays ; and the names of the members voting for and against the bill shall he entered on the journals of each house respectively. If the 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 general assembly, by their adjournment, prevents its return, in which case it shall not be a law. § 13. The lieutenant-governor shall, by virtue of his office, be pre- gident of the senate, and have when in committee of the whole a right to debate, and, when the senate is equally divided, to give the casting vote. § 14. 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 powers and au- thority appertaining to the office of governor, until another be chosen at the next periodical election for governor, and be duly qualified ; or until the governor impeached or absent shall be acquitted or return. § 15. When 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 members as president pro tempore. And if, during the vacancy of the office of governor, the lieutenant-governor shall die, resign, refuse to serve, to be removed from office, or if he shall be impeached, or absent from the state, the president of the senate pro tempore shall, in like manner, administer the government until he be superseded by a governor or lieutenant-governor. § 16, If the lieutenant-governor shall be required to administer the government, and shall, while in such administration, die or resign during the recess of the general assembly, it shall be the duly of the secretary, 108 CONSTITUTION OF for the time being, to convene the senate for the purpose of choosing a president pro tempore. § 17. A treasurer shall annually be chosen by the electors at their meeting in April ; and the votes shall be returned, counted, canvassed, and declared, in the same manner as is provided for the election of governor and lieutenant-governor ; but the votes for the treasurer shall be canvassed by the secretary .and comptroller only. He shall receive all moneys belonging to the state, and disburse the same only as he may be directed by law. He shall pay no warrant or order for the dis- bursement of public money, until the same has been registered in the ofRce of the comptroller. § 18. A secretary shall be chosen next after the treasurer, and in the same manner ; and the votes for secretary shall be returned to, and counted, canvassed, and declared by the treasurer and comptroller. He shall have the safe keeping and custody of the public records and docu- ments, and particularly of the acts, resolutions, and orders of the general assembly, and record the same ; and perform all such duties as shall be prescribed by law. He shall be the keeper of the seal of the state, which shall not be altered. § 19. A comptroller of the pubUc accounts shall be annually ap- pointed by the general assembly. He shall adjust and settle all public accounts and demands, except grants and orders of the general assem- bly. He shall prescribe the mode of keeping and rendering all pubUc accounts. He shall, ex officio, be one of the auditors of the accounts of the treasurer. The general assembly may assign to him other duties in relation to his office, and to that of the treasurer, and shall prescribe the manner in which his duties shall be performed. § 20. A sheriff shall be appointed in each county, by the general as sembly, who shall hold his office for three years, removable by said as- sembly, and shall become bound, with sufficient sureties, to the treasurer of the state for the faithful discharge of the duties of his office, in such manner as shall be prescribed by law : in case the sheriff of any county shall die or resign, the governor may fill the vacancy occasioned thereby, until the same shall be filled by the general assembly. § 21. A statement of all receipts, payments, funds, and debts of the state, shall be published, from time to time, in such manner, and at such periods, as shall be prescribed by law. ARTICLE 5. Of the Judicial Department. § 1. The judicial power of the state shall be vested in a supreme court of errors, a superior court, and such inferior courts as the general assembly shall, from time to time, ordain and establish ; the powers and jurisdiction of which courts shall be defined by law. § 2. There shall be appomted in each county a sufficient number ol justices of the peace, with such jurisdiction in civil and criminal cases as the general assembly may prescribe. § 3. The judges of'the supreme court of errors, of the superior and inferior courts, and all justices of the peace shall be appointed by the general assembly, in such manner as shall by law be prescribed. The judges of the supreme court, and of the superior court, shall hold theii CONNECTICUT. 109 offices during good behaviour ; but may bo removed by impeachment ; and the governor shall also remove them on the address of two-thirds of the members of each house of the general assembly ; all other judges and justices of the peace shall be appointed annually. No judge or jus- tice of the peace shall be capable of holding his ofhce after he shall anive at the age of seventy years. ARTICLE 6. Of the Qualifications of Ettctors. § 1. All persons who have been, or shall hereafter, previous to the ratification of this constitution, be admitted freemen, according to the existing laws of this state, shall be electors. § 2. Every white male citizen of the United States, who shall have gained a settlement in this state, attained the age of twenty-one years, and resided in the town in which he may offer himself to be admitted to the privilege of an elector, at least six months preceding, and have a freehold estate of the yearly value of seven dollars, in this state ; or having been enrolled in the militia, shall have performed military duty therein, for the term of one year next preceding the time he shall offer himself for admission, or being liable thereto, shall have been, by au- thority of law, excused therefrom ; or shall have paid a state tax within the year next preceding the time he shall present himself for such admission, and shall sustain a good moral character, shall, on his taking such oath as may be pr'^scribed by law, be an elector. § 3. The privileges jf an elector shall be forfeited, by a conviction of bribery, forgery, perjury, duelling, fraudulent bankruptcy, theft, or other offence, for which an infamous punishment is inflicted. § 4. Every elector shall be eligible to any office in this state, except in cases provided for in this constitution. § 5. The selectmen and town clerk of the several towns shall decide on the qualifications of electors, at such times, and in such manner, as may be prescribed by law. § 6. Laws shall be made to support the privilege of free suffrage, prescribing the manner of regulating and conducting meetings of the electors, and prohibiting, under adequate penalties, all undue influence therein, from power, bribery, tumult, and other improper conduct. § 7. In all elections of officers of the state, or members of the general assembly, the votes of the electors shall be by ballot. § 8. At all elections of officers of the state, or members of the general assembly, the electors shall be privileged from arrest during their attend- ance upon, and going to and returning from, the same, on any civil process. § 9. The meetings of the electors for the election of the several state officers, by law annually to be elected, and members of the general as- sembly of this state, shall be holden on the first Monday of April in each year. ARTICLE 7. Of Religion. § 1. It being the duty of all men to worship the Supreme Being, the great Creator and Preserver of the Universe, and their right to render K 110 CONSTITUTION OF tliat worship in the mode most consistent with the dictates of their consciences : no person shall, by law, be compelled to join or support, nor be classed with, or associated to, any congregation, church, or re- ligious association. But every person now belonging to such congrega- tion, church, or religious association, shall remain a member thereof, until he shall have separated himself therefrom, in the manner herein- after provided. And each and every society or denomination of Chris- tians in this state, shall have and enjoy the same and equal powers, rights, and privileges ; and shall have power and authority to support and maintain the ministers or teachers of their respective denominations, and to build and repair houses for public worship, by a tax on the mem- bers of any such society only, to be laid by a major vote of the legal voters assembled at any society meeting, warned and held according to law, or in any other manner. § 2. If any person shall choose to separate himself from the society or denomination of Christians to which he may belong, and shall leave a written notice thereof with the clerk of such society, he shall there- upon be no longer liable for any future expenses which may be incurred by said society. AKTICLi; 8. Of Education. % 1 . The charter of Yale college, as modified by agreement with the corporation thereof, in pursuance of an act of the general assembly, passed in May, 1792, is hereby confirmed. § 2. The fund, called the School Fund, shall remain a perpetual fund, the interest of which shall be inviolably appropriated to the support and encouragement of the public or common schools throughout the state, and for the equal benefit of all the people thereof. The value and amount of said fund shall, as soon as practicable, be ascertained in such manner as the general assembly may prescribe, published, and recorded in the comptroller's office ; and no law shall ever be made authorizing said fund to be diverted to any other use than the encouragement and support of public or common schools, among the several school societies, as justice and equity shall require. ARTICLE 9. Of Impeachments. § 1. The house of lepresentatives shall have the sole power of im- peaching. § 2. All impeachments shall be tried by the senate. When sitting for that purpose, they shall be on oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the members pre- sent. When the governor is impeached, the chief justice shall preside. § 3. The governor, and all other executive and judicial officers, shall •be liable to impeachment ; but judgment in such cases shall not extend further than to removal from office, and disqualifications to hold any office of honour, trust, or profit, under this state. The party convicted shall, nevertheless, be liable and subject to indictment, trial, and punishment, according to law. CONNECTICUT. HI § 4. Treason against the state shall consist only in levying war against It, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. No conviction of treason or attainder shall work corruption of blood or forfeiture. ARTICLE 10. General Provisions. § 1. Members of the general assembly, and all officers, executive, and judicial, shall, before they enter on the duties of their respective offices, take the following oath or affirmation, to wit : You do solemnly swear, (or affirm, as the case may be,) that you will support the constitution of the United States, and the constitution of the state of Connecticut, so long as you continue a citizen thereof ; and that you will faithfully discharge, according to law, the duties of the office of to the best of your abilities. So help you God. § 2. Each town shall annually elect selectmen, and such officers of local police, as the laws may prescribe. § 3. The rights and duties of all corporations shall remain as if this constitution had not been adopted ; with the exception of such regula- tions and restrictions as are contained in this constitution. All judicial and civil officers now in office, who have been appointed by the general assembly, and commissioned according to law, and all such officers as shall be appointed by the said assembly, and commissioned as aforesaid, before the first Wednesday of May next, shall continue to hold their offices until the first day of June next, unless they shall, before that time, resign or be removed from office according to law. The treasurer and secretary shall continue in office until a treasurer and secretary shall be appointed under this constitution. All military officers shall continue to hold and exercise their respective offices, until they shall resign, or be removed according to law. All laws not contrary to, or inconsistent with, the pro\isions of this constitution, shall remain in force until they shall expire by their own limitation, or shall be altered or repealed by the gene- ral assembly, in pursuance of this constitution. The validity of all bonds, debts, contracts, as well of individuals as of bodies corporate, or the state, of all suits, actions, or rights of action, both m law and equity, shall con- tinue as if no change had taken place. The governor, lieutenant-gover- nor, and general assembly, which is to be formed in October next, shall have, and possess, all the powers and authorities not repugnant to, or in- consistent with, this constitution, which they now have and possess until the first Wednesday of May next. § 4. No judge of the superior court, or of the supreme court of errors : o member of congress ; no person holding any office under the authority of the United States ; no person holding the office of treasurer, secretary, or comptroller ; no sheriff or sheriff's deputy ; shall be a member of the general assembly. ARTICLE 11. Of .Amendments of the Constitution. Whenever a majority of the house of representatives shall deem it necessary to alter or amend this constitution, they may propose such al- 112 CONSTITUTION OF terations and amendments ; which proposed amendments shall be con- tinued to the next general assembly, and be published with the laws which may have been passed at the same session ; and if two-thirds of each house, at the next session of said assembly, shall approve the amend- ments proposed, by yeas and nays, said amendments shall, by the secre- tary, be transmitted to the town clerk in each town in this state ; whose duty it shall be to present the same to the inhabitants thereof, for their consideration, at a town meeting, legally warned and held for that pur- pose ; and if it shall appear, in a manner to be provided by law, that a majority of the electors present at such meetings shall have approved such amendments, the same shall be vaUd, to all intents and purposes, as a part of this constitution. Done in conventio7i, on the fifteenth day of September, in the year of our Lord one thoiisand eight hundred and eighteen, and of the In- dependence of the United States the forty-third. By order of the convention. OLIVER WOLCOTT, President. James Lanmajt, 7 ^; 7, Robert Fairchild, 5 ^^^'^''*- CONSTITUTION OF NEW YORK, AS AMENDED. We, the people of the state of New York, acknowledging with grati- tude the grace and beneficence of God in permitting us to make choice of our form of government, do establish this constitution. ARTICLB 1. § 1. The legislative power of this state shall be vested in a senate and an assembly. 2. The senate shall consist of thirty-two members. The senators shall be chosen for four years, and shall be freeholders. The assembly shall consist of one hundred and twenty-eight members, who shall be annu- ally elected. 3. A majority of each house shall constitute a quorum to do business. Each house shall determine the rules of its own proceedings, and be the judges of the qualifications of its own members. Each house shall choose its own officers, and the senate shall choose a temporary presi- dent, when the lieutenant-governor shall not attend as president, or shall act as governor. 4. Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy. The doors of each house shall be kept open, except w^hen the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjoun- for more than two days. NEW YORK. 113 5. The state shall be divided into eight districts, to be called senate districts, each of which shall choose four senators. The first district shall consist of the counties of Suffolk, Queens, Kings, Richmond, and New York. The second district shall consist of the counties of Westchester, Put- nam, Dutchess, Rockland, Orange, Ulster, and Sullivan. The third district shall consist of the counties of Green, Columbia, Albany, Rensselaer, Schoharie, and Schenectady. The fourth district shall consist of the counties of Saratoga, Mont- gomery, Hamilton, Washington, Warren, Clinton, Essex, Franklin, and St. Lawrence. The fifth district shall consist of the counties of Herkimer, Oneida, Madison, Oswego, Lewis, and Jefferson. The sixth district shall consist of the counties of Delaware, Otsego, Chenango, Broome, Cortland, Tompkins, and Tioga. The seventh district shall consist of the counties of Onondago, Cayu- ga, Seneca, and Ontario. The eighth district shall consist of the counties of Steuben, Ijivings- ton, Monroe, Genesee, Niagara, Erie, Allegany, Cattaraugus, and Chau- tauquc. And as soon as the senate shall meet, after the first election to be held in pursuance of this constitution, they shall cause the senators to be di- vided by lot into four classes, of eight in each, so that every district shall have one senator of each class : the classes to be numbered, one, two, three, and four. And the seats of the first class shall be vacated at the end of the first year ; of the second class, at the end of the second year ; of the third class, at the end of the third year ; of the fourth class, at the end of the fourth year ; in order that one senator be annually elected in each senate district. 6. An enumeration of the inhabitants of the state shall be taken, un- der the direction of the legislature, in the year one thousand eight hun- dred and twenty-five, and at the end of every ten years thereafter ; and the said districts shall be so altered by the legislature, at the first session after the return of every enumeration, that each senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, paupers, and persons of colour not taxed ; and shall remain unal- tered, until the return of another enumeration, and shall at all times con sist of contiguous territory ; and no county shall be divided in the forma- tion of a senate district. 7. The members of the assembly shall be chosen by counties, and shall be apportioned among the several counties of the state, as nearly as may be, according to the numbers of their respective inhabitants, ex- cluding aliens, paupers, and persons of colour, not taxed. An appor- tionment of members of assembly shall be made by the legislature, at its first session after the return of every enumeration ; and, when made, shall remain unaltered until another enumeration shall have been taken. But an apportionment of members of the assembly shall be made by the present legislature according to the last enumeration, taken under the authority of the United States, as nearly as may be. Every county here- tofore established, and separately organized, shall always be entitled to one member of the assembly, and no new county shall hereafter be erect- ed, unless its population shall entitle it to a member, K 2 114 CONSTITUTION OF 8. Any bill may originate in cither house of the legislature and all bills passed by one house, may be amended by the other. 9. The members of the legislature shall receive for their services a compensation to be ascertained by law^, and paid out of the public trea- sury ; but no increase of the compensation shall take effect during the year in which it shall have been made. And no law shall be passed m- creasing the compensation of the members of the legislature beyond the sum of three dollars a day. 10. No member of the legislature shall receive any civil appointment from the governor and senate, or from the legislature during the term for which he shall have been elected. 11. No person being a member of congress, holding any judicial or military office under the United States, shall hold a seat in the legisla- ture. And if any person shall, while a member of the legislature, be elected to congress, or appointed to any office, civil or military, under the United States, his acceptance thereof, shall vacate his seat. 12. Every bill which shall have passed the senate and assembly shall, before it become a law, be presented to the governor : if he approve, he shall sign it, but if not, he shall return it with his objections to 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 reconsidera- tion, two-thirds of the members present 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 the members present, 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 jour- nals 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 be a law, in like manner as if he had signed it, unless the legislature shall, by their adjournment, prevent its return ; in which case it shall not be a law. 13. All officers holding their office during good behaviour may be removed by joint resolution of the two houses of the legislature, if two- thirds of all the members elected to the assembly, and a majority of all the members elected to the senate, concur therein. 14. The political year shall begin on the first day of January ; and the legislature shall every year assemble on the first Tuesday in January, unless a dilferent day shall be appointed by law. 15. The next election for governor, lieutenant-governor, senators, and members of assembly, shall commence on the first Monday of Novem- ber, one thousand eight hundred and twenty-two ; and all subsequent elections shall be held at such time, in the month of October or Novem- ber, as the legislature shall by law provide. 16. The governor, lieutenant-governor, senators, and members of as sembly, first elected, under this constitution, shall enter on the duties of their respective offices on the first day of January, one thousand eight hundred and twenty-three ; and the governor, lieutenant-governor, sen- ators, and members of assembly, now in office, shall continue to hold the same, until the first day of January one thousand eight hundred and twenty-three, and no longer. NEW YORK. 115 ARTICLE 2. 1. Every male citizen of the age of twenty-one years, who shall have been an inhabitant of this state one year preceding any election, and for the last six months a resident of the town or county where he may offer his vote ; and shall have, within the year next preceding the elec- tion, paid a tax to the state or county, assessed upon his real or personal property ; or shall by law be exempted from taxation ; or being armed and equipped according to law, shall have performed within that year military duty in the militia of this state ; or who shall be exempted from performing miUtia duty in consequence of being a fireman in any city, town, or village in this state : And also, every male citizen of the age of twenty-one years, who shall have been, for three years next preceding such elections, an inhabitant of this state and for the last year, a resident in the town or county, where he may offer his vote ; and ^hall have been, within the last year assessed to labour upon the public highways, and shall have performed the labour, or paid an equivalent therefor, accord- ing to law ; shall be entitled to vote in the town or ward, where he actu- ally resides, and not elsewhere, for all officers that now are, or here- after may be, elective by the people ; but no man of colour, unless he shall have been for three years a citizen of this state, and for one year next preceding any election shall be seized and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incmnbrances charged thei'eon ; and shall have been actually rated, and paid a tax thereon, shall be entitled to vote at such election. And no person of colour shall be subject to direct taxation, unless he shaU be seized and possessed of such real estate as aforesaid. 2. Laws may be passed, excluding from the right of suffrage persons who have been, or may be, convicted of infamous crimes. 3. Laws shall be made for ascertaining, by proper proofs, the citi- zens who shall be entitled to the right of suffrage, hereby estab- lished. 4. All elections by the citizens shall be by hallot, except for such town officers, as may by law be directed to be otherwise chosen. ARTICLE 3. § 1. The executive power shall be vested in a governor. He shall hold his office for two years ; and a lieutenant-governor shall be chosen at the same time, and for the same term. 2. No person, except a native citizen of the United States, shall be eligible to the office of governor, nor shall any person be eligible to that office who shall not be a freeholder, and shall not have attained the age of thirty years, and have been five years a resident within the state ; unless he shall have been absent during that time on public business of the United States, or of this state. 3. The governor and lieutenant-governor shall be elected at the times and places of choosing members of the legislature. The persons respec- tively having the highest number of votes for governor, and lieutenant- governor, shall be elected ; but in case two or more shall have an equal and the highest number of votes for governor, or for lieutenant-governor, the two houses of the legislature shall, by joint ballot, choose one of the iU CONSTITUTION OF Baid persons, so having an equal and the highest number of votes, for governor or lieutenant-governor. 4. The governor shall be general and commander-in-chief of all the militia, and admiral of the navy of the state. He shall have power to convene the legislature (or the senate only) on extraordinary occa- sions. He shall communicate by message to the legislature, at every session, the condition of the state; and recommend such matters to them as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. He shall, at stated times, receive for his services a compensation, which shall neither be increased or diminished during the term for which he shall have been elected. 5. The governor shall have power to grant reprieves and pardon after conviction, for all offences, except treason and cases of impeachment. Upon convictions for treasons, he shall have power to suspend the execution of the sentence, until the case shall be reported to the le- gislature at its next meeting ; when the legislature shall either par- don, or direct the execution of the criminal, or grant a further re- prieve. 6. In case of the impeachment of the governor or his removal from office, death, resignation, or absence from the state, the powers and duties of the office shall devolve upon the lieutenant-governor for the residue of the term, or until the governor absent or impeached shall return or be acquitted. But when the governor shall, with the consent of the legis- lature, be out of the state in time of war, at the head of a military force thereof, he shall still continue commander-in-chief of all the military force of the state. 7. The lieutenant-governor shall be president of the senate, but shall have only a casting vote therein. If, during a vacancy of the office of governor, the lieutenant-governor shall be impeached, displaced, resign, die, or be absent from the state, the president of the senate shall act as governor, until the vacancy shall be filled, or the disabiUty shall AnTICLE 4. § 1. Militia officers shall be chosen, or appointed, as follows: Cap- tains, subalterns, and non-commissioned officers shall be chosen by the written votes of the members of their respective companies. Field-offi- cers of regiments, and separate battalions, by the written votes of the commissioned officers of the respective regiments, and separate batta- lions. Brigadier-generals, by the field officers of their respective brigades. Major-generals, brigadier-generals, and commanding officers of regiments or separate battalions, shall appoint the staff-officers to their respective divisions, brigades, regiments, or separate battalions. 2. The governor shall nominate, and, with the consent of the senate, appoint, all major-generals, brigade-inspectors, and chiefs in the stall' de- partments, except the adjutants-general and commissary-general. The adjutant-general shall be appointed by the governor. 3. The legislature shall, by law, direct the time and manner of NEW YORK. 117 electing militia officers, and of certifying their elections to the go- vernor. 4. The commissioned officers of the militia shall be commissioned by the governor; and no commissioned officer shall be removed from office unless by the senate on the recommendation of the governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial, pursuant to law. The present officers of the militia shall hold their commissions, subject to removal, as before provided. 5. In case the mode of election and appointment of militia officers hereby directed, shall not be found conducive to the improvement of the militia, the legislature may abolish the same, and provide by law for their appointment and removal, if two-thirds of the members present in each house shall concur therein. 6. The secretary of state, comptroller, treasurer, attorney-general, surveyor-general, and commissary-general shall be appointed as follows : The senate and assembly shall each openly nominate one person for the said offices respectively : after which, they shall meet together, and if they shall agree in their nominations, the person so nominated shall be appointed to the office for which he shall be nominated. If they shall disagree, the appointment shall be made by the joint ballot of the sen- ators and members of assembly. The treasurer shall be chosen annually. The secretary of state, comptroller, attorney-general, surveyor-general, and commissary-general, shall hold their offices for three years, un- less sooner removed by concurrent resolutions of the senate and as- sembly. 7. The governor shall nominate, by message, in writing, and with the consent of the senate, shall appoint all judicial officers, except justices of the peace, who shall be appointed in manner following, that is to say : The board of supervisors in every county in this state, shall, at such times as the legislature may direct, meet together : and they or a ma- jority of them so assembled, shall nominate so many f>ersons as shall be equal to the number of justices of the peace, to be appointed in the several towns in the respective counties. And the judges of the respec- tive county courts, or a majority of them, shall also meet and nominate a like number of persons : and it shall be the duty of the said boards of supervisors, and judges of county courts, to compare such nominations, at such time and place as the legislature may direct; and if, on such comparison, the said boards of supervisors and judges of county courts shall agree in their nominations, in all or in part, they shall file a certi- ficate of the nominations in which they shall agree in the office of the clerk of the county ; and the person or persons named in such certifi- cates shall be justices of the peace ; and in case of disagreement in whole or in part, it shall be the further duty of the said boards of supervisors and judges, respectively, to transmit their said nominations, so far as they disagree in the same, to the governor, who shall select from the said nominations, and appoint so many justices of the peace as shall be requisite to fill the vacancies. Every person appointed a justice of the peace shall hold his office for four years, unless removed by the county court, for causes particularly assigned by the judges of the said court And no justice of the peace shall be removed, until he shall have notice of the charges made against him, and an opportunity of I eing heard in his defence. 118 CONSTITUTION OF 8. Sheriffs, and clerks of counties, including the register, and clerks of the city and county of New York, shall be chosen by the electors of the respective counties, once in every three years, and as often as vacan- cies shall happen. Sheriffs shall hold no other office, and be ineligible for the next three years after the termination of their offices. They may be required by law to renew their security, from time to time, and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. And the governor may remove any such sheriff, clerk, or register, at any time within the three years for which he shall be elect- ed, giving to such sheriff, clerk, or register a copy of the charges against him, and an opportunity of being heard in his defence, before any re- moval shall be made. 9. The clerks of courts, except those clerks whose appointment is provided for in the preceding section, shall be appointed by the courts of which they respectively are clerks ; and district attorneys, by the county courts. Clerks of courts, and district attorneys, shall hold their offices for three years, unless sooner removed by the courts appointing them. 10. The mayors of all the cities in this state shall be appointed an- nually by the common councils of their respective cities. 11. So many coroners as the legislature may direct, not exceeding four in each county, shall be elected in the same manner as sheriffs, and shall hold their offices for the same term, and be removable in like manner. 12. The governor shall nominate, and, with the consent of the sen- ate, appoint masters and examiners in chancery ; who shall hold their offices for three years, unless sooner removed by the senate, on the recommendation of the governor. The registers, and assistant-registers, shall be appointed by the chancellor, and hold their offices during his pleasure. 13. The clerk of the court of oyer and terminer, and general sessions of the peace, in and for the city and county of New York, shall be ap- pointed by the court of general sessions of the peace in said city, and hold his office during the pleasure of said court ; and such clerks and other officers of courts, whose appointment is not herein provided for, shall be appointed by the several courts ; or by the governor, with the consent of the senate, as may be directed by law. 14. The special justices, and the assistant-justices, and their clerks, in the city of New York, shall be appointed by the common council of the said city ; and shall hold their offices for the same term that the jus- tices of the peace, in the other counties of this state, hold their offices, and shall be removable in like manner. 15. All officers heretofore elective by the people shall continue to be elected ; and all other officers, whose appointment is not provided for by this constitution, and all officers, whose offices may be hereafter created by law, shall be elected by the people, or appointed as may by law be directed. 16. Where the duration of any office is not prescribed by this con- stitution, it may be declared by law ; and if not so declared, such office shall be held during the pleasure of the authority making the appoint- ment. NEW YORK. 119 ARTICLE 5. § 1. The court for the trial of impeachments, and the correction of errors, shall consist of the president of the senate, the senators, the chancellors, and the justices of the supreme court, or the major part of them : but when an impeachment shall be prosecuted against the chan- cellor, or any justice of the supreme court, the person so impeached shall be suspended from exercising his office, until his acquittal : and when an appeal from a decree in chancery shall be heard, the chancellor shall inform the court of the reasons for his decree, but shall have no voice in the final sentence ; and when a writ of error shall be brought on a judgment of the supreme court, the justices of that court shall assign the reasons for their judgment, but shall not have a voice for its affirmance or reversal. 2. The assembly shall have the power of impeaching all civil officers of this state for mal and corrupt conduct in office, and high crimes and misdemeanors : but a majority of all the members elected shall concur in an impeachment. Before the trial of an impeachment, the meml)crs of the court shall take an oath or affirmation, truly and impartially to try and determine the charge in question, according to evidence : and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment, in cases of impeachment, shall not extend further than the removal from office, and disqualification to hold and enjoy any office of honour, trust, or profit under this state ; but the party convicted shall be liable to indictment and punishment, according to law. 3. The chancellor, and justices of the supreme court, shall hold their offices during good behaviour, or until they shall attain the age of sixty years. 4. The supreme court shall consist of a chief-justice and two justices, any of whom may hold the court. 5. The state shall be divided, by law, into a convenient number of cir- cuits, not less than four, nor exceeding eight, subject to alteration by the legislature, from time to time, as the public good may require ; for each of which a circuit judge shall be appointed, in the same manner, and hold his office by the same tenure, as the justices of the supreme court ; and who shall possess the powers of a justice of the supreme court at chambers, and in the trial of issues joined in the supreme court, and in courts of oyer and terminer and jail delivery. And such equity powers may be vested in the said circuit judges, or in the county courts, or in such other subordinate courts, as the legislature may by law direct, subject to the appellate jurisdiction of the chancellor. 6. Judges of the county courts, and recorders of cities, shall hold their office for five years, but may be removed by the senate, on the ecommendation of the governor, for causes to be stated in such recom- mendation. 7. Neither the chancellor, nor justices of the supreme court, nor any circuit judge, shall hold any other office or public trust. All votes for any elective office, given by the legislature or the people, for the chan- cellor, or a justice of the supreme court, or circuit judge, during his continuance in his judicial office, shall be void. laO CONSTITUTION OF AllTICLE 6. § 1. Members of the legislature, and all officers, executive and judi- cial, except such, inferior officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and sub- scribe the following oath oi affirmation : I do solemnly swear, (or affirm, as the case may be,) that I will sup- port the constitution of the United States, and the constitution of the state of New York, and that I will faithfully discharge the duties of the office of according to the best of my ability. And no other oath, declaration, or test shall be required as a qualifi- ;ation for any office or public trust. AKTICLE 7. § 1. No member of this state shall be disfranchised, or deprived of any rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers. 2. The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate for ever ; and no new court shall be instituted, but such as shall proceed according to the course of the common law ; except such courts of equity as the legislature is herein authorized to establish. 3. The free exercise and enjoyment of religious profession and wor- ship, without discrimination or preference, shall for ever be allowed in this state to all mankind : but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state. 4. And whereas the ministers of the gospel are, by their profession, dedicated to the service of God, and the care of souls, and ought not to be diverted from the great duties of their functions : therefore, no min- ister of the gospel, or priest of any denomination whatsoever, shall, at any time hereafter, under any pretence or description whatever, be eligi- ble to, or capable of holding any civil or military office or place within this state. 5. The militia of the state shall, at all times hereafter, be armed and disciplined, and in readiness for ser^ace ; but all such inhabitants of this state, of any religious denomination whatever, as from scruples of con- science may be averse to bearing arms, shall be excused therefrom, by paying to the state an equivalent in money : and the legislature shall provide by law for the collection of such equivalent, to be estimated ac- cording to the expense in time and money of an ordinary able-bodied militia man. 6. The privilege of the writ oi habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. 7. No person shall be held to answer for a capital or other infamous crime, [except in cjises of impeachment, a^d 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 the congress, in time of peace, and in cases of petit larceny, under the regulation of the legis- lature ;] unless on presentment, or indictment, of a grand jury ; and in every trial on impeachment or indictment, the party accused shal' be NEW YORK. 121 allowed counsel as in civil actions. No person shall be subject for the same offence to be twice put in jeopardy of life or limb ; nor shall he be compelled, in any criminal case, to be a witness against himself ; nor be deprived of life, liberty, or property, without due process of law : nor shall private property be taken for public use, without just compensa- tion. 8. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right ; and no law shall be passed to restrain or abridge the liberty of speech, or 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 mo- tives, and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact. 9. The assent of two-thirds of the members elected to each branch of the legislature shall be requisite to every bill appropriating the public moneys or property for local or private purposes, or creating, contin- uing, altering, or renewing any body politic or corporate. 10. The proceeds of all lands belonging to this state, except such parts therectf as may be reserved or appropriated to public use, or ceded to the United States, which shall hereafter be sold or disposed of, to- gether with the fund denominated the common school fund, shall be and remain a perpetual fund, the interest of which shall be inviolably ap- propriated and applied to the support of common schools throughout this state. Rates of toll, not less than those agreed to by the canal com- missioners, and set forth in their report to the legislature of the twelfth of March, one thousand eight hundred and twenty-one, shall be im- posed on, and collected from, all parts of the navigable communication between the great western and northern lakes and the Atlantic ocean, which now are, or hereafter shall be, made and completed ; and the said tolls, together with the duties on the manufacture of all salt, as estab- lished by the act of the fifteenth of April, one thousand eight hundred and seventeen : and the duties on goods sold at auction, excepting there- from the sum of thirty-three thousand five hundred dollars, otherwise appropriated by the said act ; and the amount of the revenue, established by the act of the legislature of the thirtieth of March, one thousand eight hundred and twenty, in lieu of the tax upon steamboat passen- gers ; shall be and remain inviolably appropriated and applied to the completion of such navigable communications, and to the payment of the interest, and reimbursement of the capital, of the money already borrowed, or which hereafter shall be borrowed, to make and complete the same. And neither the rates of toll on the said navigable commu- nications, nor the duties on the manufacture of salt aforesaid, nor the duties on goods sold at auction, as established by the act of the fifteenth of April, one thousand eight hundred and seventeen ; nor the amount of the revenue, established by the act of March the thirtieth, one thou- sand eight hundred and twenty, in lieu of the tax upon steamboat pas- sengers ; shall be reduced or diverted, at an f time, before the full and complete payment of the principal and interest of the money borrowed, or to be borrowed, as aforesaid. And the legislature shall never sell or dispose of the salt springs belonging to this state, nor the lands con- tiguous thereto, which may be necessary or convenient for their use, nor I. 122 CONSTITUTION OF the said navigable communications, or any part or section thereof, but the same shall be and remain the property of this state. 11. No lottery shall hereafter be authorized in this state; and the legislature shall pass laws to prevent the sale of all lottery tickets within this state, except in lotteries already provided for by law. 12. No purchase or contract for the sale of lands in this state, made since the fourteenth day of October, one thousand seven hundred and seventy -five, or which may hereafter be made, of or with the Indians in this state, shall be valid, unless under the authority, and with the con- sent of the legislature. 13. Such parts of the common law, and of the acts of the legislature of the colony of New York, as together did form the law of the said colony on the nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the congress of the said colony, and of the convention of the state of New York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed, or altered, and siich acts of the legislature of this state as are now in force, shall be and continue the law of this state, subject to such alterations as the legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this constitution are hereby abrogated. 14. All grants of land within this state, made by the king of Great Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void ; but nothing contained in this constitution shall affect any grants of land within this state, made by the authority of the said king or his predecessors, or shall annul any charters to bodies politic and cor- porate, by him or them made before that day ; or shall affect any such grants or charters since made by this state, or by persons acting under its authority ; or shall impair the obligations of any debts contracted by the state, or individuals, or bodies corporate, or any other rights of pro- perty, or any suits, actions, rights of action, or proceedings, in courts of justice. ARTICLE 8. § 1. Any amendment or amendments to this constitution may be pro- posed in the senate or assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such pro- posed amendment, or amendments, shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen ; and shall be published, for three months pre- .vious to 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 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 prescribe ; and if the people shall approve and ratify such amendment, or amendments, by a majority of the electors quaUfied to vote for members of the legislature voting thereon, such amendment or amendments shall become part of the constitution. NEW YORK. 123 ARTICLE 9. § 1. This constitution shall be in force from the last day of Decem- ber, in the year one thousand eight hundred and twenty-two. But all those parts of the same which relate to the right of suffrage, the division of the state into senate districts, the number of members of the assembly to be elected in pursuance of this constitution, the appointment of mem- bers of assembly, the elections hereby directed to commence on the first Monday of Noveml>er, in the year one thousand eight hundred and twenty -two, the continuance of the members of the present legislature in office until the first day of January, in the year one thousand eight hun- dred and twenty -three, and the prohibition against authorizing lotteries, the prohibition against appropriating the public moneys or property for local or private purposes, or creating, continuing, altering, or renewing any body politic, or corporate without the assent of two-thirds of the members elected to each branch of the legislature, shall be in force and take effect from the last day of February next. The members of the present legislature shall, on the first Monday of March next, take and subscribe an oath or affirmation to support the constitution, so far as the same shall then be in force. Sheriff's, clerks of counties, and coroners shall be elected at the election hereby directed to commence on the first Monday of November, in the year one thousand eight hundred and twenty-tw^o ; but they shall not enter on the duties of their offices before the first day of January then next following. The commissions of all persons holding civil offices on the last day of December, one thousand eight hundred and twenty-two, shall expire on that day ; but the officers then in commission may respectively continue to hold their said offices, until new appointments or elections shall take place under tliis consti- tution. 2. The existing laws, relative to the manner of notifying, holding, and conducting elections, making returns, and canvassing votes, shall be in force and observed, in respect of the elections hereby directed to com- mence on the first Monday of November, in the year one thousand eight hundred and twenty -two, so far as the same are applicable. And the present legislature shall pass such other and further laws, as may be requisite for the execution of the provisions of this constitution, in re- spect to elections. Done in convention, at the capitol, in the city of Albany, the tenth day of November, in the year one thousand eight hundred and twenty-one, and of the independence of the United States of Ame- rica the forty -sixth. In witness whereof, we have hereunto subscribed our names. DANIEL D. TOMPKINS, President. John F. Bacoh-, 7 „ , . Samuel S. Gaudixeb, 5 '^^'''''^'''** 134 CONSTITUTION OF A CONSTITUTION Agreed vpon by the delegates of the people of New Jersey, in Convention^ begun at Trenton on the fourteenth day of May, and continued to the twenty-ninth day of June, in the year of our Lord one thousand eight hundred and fortyfour. We, the people of the State of New Jersey, grateful to Almighty God for the civil and religious liberty which he hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavours to secure and transmit the same unimpaired to succeeding generations, do ordain and establish this constitution. ARTICLE I. BIGHTS AND PRIVILEGES. 1. All men are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness. 2. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it. 3. No person shall be deprived of the inestimable privilege of worship- ping Almighty God in a manner agreeable to the dictates of his own conscience; nor under any pretence whatever be compelled to attend any place of worship contrary to his faith and judgment ; nor shall any person be obliged to pay tithes, taxes, or other rates for building or repairing any church or churches, place or places of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right, or has deliberately and voluntarily engaged to perform. 4. There shall be no establishment of one religious sect in preference to another; no religious test shall be required as a qualification fof any office or public trust; and no person shall be denied the enjoyment of any civil right merely on account of his religious principles. 5. Every person may freely speak, write, and publish his sentiments NEW JERSEY. 125 on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury; and if it 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. 6. The right of the people to l>e 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, sup- ported by oath or affirmation, and particularly describing the place to be searched and the papers and things to be seized. 7. The right of trial by jury shall remain inviolate; but the legislature may authorize the trial of civil suits, when the matter in dispute does not exceed fifty dollars, by a jury of six men. 8. In all criminal prosecutions the accused shall have the right to a speedy and public trial by an impartial jury; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour, and to have the assistance of counsel in his defence. 9. No person shall be held to answer for a criminal offence, unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or navy; or in the militia, when in actual service in time of war or public danger. 10. No person shall, after acquittal, be tried for the same offence. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offences, when the proof is evident or presumption great. 11. The privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety may require it. 12. The military shall be in strict subordination to the civil power. 13. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in a manner prescribed by law. 14. 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 on confession in open court. 15. Excessive bail shall not be required, excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted. 16. Private property shall not be taken for public use, without just compensation ; but land may be taken for public highways, as hereto- fore, until the legislature shall direct compensation to be made. l2 126 CONSTITUTION OF 17. No person shall be imprisoned for debt in any action, or on any judgment founded upon contract, unless in cases of fraud; nor shall any person be imprisoned for a militia fine in time of peace. 18. The people have the right freely to assemble together, to consult for the common good, to make known their opinions to their representa- tives, and to petition for redress of grievances. 19. This enumeration of rights and privileges shall not be construed to impair or deny others retained by the people. ARTICLE II. RIGHT OF SUFFRAGE. 1. Every white male citizen of the United States, of the age of twenty- one years, who shall have been a resident of this state one year, and of the county in which he claims his vote five months, next before the election, shall be entitled to vote for all officers that now arc, or hereafter may be elective by the people ; provided, that no person in the military, naval, or marine service of the United States shall be considered a resi- dent in this state, by being stationed in any garrison, barrack, or raiUtary or naval place or station within this state ; and no pauper, idiot, insane person, or person convicted of a crime which now excludes him from being a witness, unless pardoned or restored by law to the right of suf- frage, shall enjoy the right of an elector. 2. The legislature may pass laws to deprive persons of the right of suffrage who shall be convicted of bribery at elections. ARTICLE III. DISTRIBUTION OF THE POWERS OF GOVERNMENT. 1. The powers of the government shall be divided into three distinct departments — the legislative, executive and judicial ; and no person or persons belonging to, or constituting one of these departments, shall exercise any of the powers properly belonging to either of the others, except as herein expressly provided. ARTICLE IV. LEGISLATIVE. Section 1. 1. The legislative power shall be vested in a Senate and General Assembly. 2. No person shall be a member of the Senate who shall not have attained the age of thirty years, and have been a citizen and inhabitant of the state for four years, and of the county for which he shall be chosen one year, next before his election ; and no person shall be a NEW JERSEY. 127 member of the General Assembly who shall not have attained the age of twenty-one years, and have been a citizen and inhabitant of the state for two years, and of the county for which he shall be chosen one year next before his election ; provided, that no person shall be eligible as a member of either house of the legislature, who shall not be entitled to the right of suffrage. 3. Members of the Senate and General Assembly shall be elected yearly and every year, on the second Tuesday of October; and the two houses shall meet separately on the second Tuesday in January next after the said day of election ; at which time of meeting the legislative year shall commence ; but the time of holding such election may be altered by the legislature. Section 2. 1. The Senate shall be composed of one senator from each county in the state, elected by the legal voters of the counties, respectively for three years. 3. As soon as the Senate shall meet after the first election to be held in pursuance of this Constitution, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the first year ; of the second class at the expiration of the second year; and of the third class at the expi- ration of the third year; so that one class may be elected every year, and if vacancies happen, by resignation or otherwise, the persons elected to supply such vacancies shall be elected for the unexpired terms only. Section 3. 1. The General Assembly shall be composed of members annually elected by the legal voters of the counties, respectively, who shall be apportioned among the said counties as nearly as may be according to the number of their inhabitants. The present apportionment shall con- tinue until the next census of the United States shall have been taken, and an apportionment of members of the General Assembly shall be made by the legislature at its first session after the next and every sub- sequent enumeration or census, and when made shall remain unaltered until another enumeration shall have been taken ; provided, that each county shall at all times be entitled to one member ^ and the whole number of members shall never exceed sixty. Section 4. 1. Each house shall direct writs of election for supplying vacancies, occasioned by death, resignation, or otherwise ; but if vacancies occur during the recess of the legislature, the writs may be issued by the governor, under such regulations as may be prescribed by law. 2. Each house shall be the judge of the elections, returns and quali- fications of its own members, and a majority of each shall constitute a 128 CONSTITUTION OF quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house shall provide. 3. Each house shall choose its own officers, determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two thirds, may expel a member. 4. Each house shall keep a journal of its proceedings, and from time to time publish the same; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal. 5. Neither house, during the session of the legislature, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. 6. All bills and joint resolutions shall be read three times in each house, before the final passage thereof; and no bill or joint resolution shall pass, unless there be a majority of all the members of each body personally present and agreeing thereto : and the yeas and nays of mem- bers voting on such final passage shall be entered on the journal. 7. Members of the Senate and General Assembly shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the state; which compensation shall not exceed the sum of three dollars per day for the period of forty days from the com- mencement of the session ; and shall not exceed the sum of one dollar and fifty cents per day for the remainder of the session. When con- vened in extra session by the Governor, they shall receive such sum as shall be fixed for the first forty days of the ordinary session. They shall also receive the sum of one dollar for every ten miles they shall travel, in going to and returning from their place of meeting, on the most usual route. The President of the Senate and the Speaker of the Hous§ of Assembly shall, in virtue of their offices, receive an additional compen- sation, equal to one third of their per diem allowance as members. 8. Members of the Senate or of the General Assembly shall, in all cases except treason, felony, and breach of peace, be privileged from arrest during their attendance at the sitting 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. Section 5. 1. No member of the Senate and General Assembly shall, during the time for which he was elected, be nominated or appointed by the governor or by the legislature in joint-meeting, to any civil office under the authority of this state, which shall have been created, or the emolu- ments whereof shall have been increased, during such time. 2. If any member of the Senate or General Assembly shall be elected to represent this state in the Senate or House of Representatives of the NEW JERSEY. [129] United States, and shall accept thereof, or shall accept of any office or appointment under the government of the United States, his seat in the legislature of this state shall thereby be vacated. 3. No justice of the supreme court, nor judge of any other court, sheriff, justice of the peace, nor any person or persons possessed of any office of profit under the government of this state shall be entitled to a Beat either in the Senate or in the General Assembly ; but on being elected and taking his seat, his office shall be considered vacant : and no person holding any office of profit under the government of the United States shall be entitled to a seat in either house. Section 6. 1. All bills for raising revenue shall originate in the House of Assem- bly ; but the Senate may propose or concur with amendments, as on other bills. 2. No money shall be drawn from the treasury but for appropriations made by law. 3. The credit of the stale shall not be directly or indirectly, loaned in any case. 4. The legislature shall not, in any manner, create any debt or debts, liability or liabilities, of the state, which shall singly or in the aggregate with any previous debts or Habilities at any time exceed one hundred thousand dollars, except for purposes of war, or to repel invasion, or to suppress insurrection, unless the same shall be authorized by a law for some single object or work, to be distinctly specified therein ; which law shall provide the ways and means, exclusive of loans, to pay the interest of each debt or liability as it falls due, and also to pay and discharge the principal of such debt or liability within thirty-five years from the time of the contracting thereof, and shall be irrepealable until such debt or liabiUty, and the interest thereon, are fully paid and discharged ; and no such law shall take effect until it shall, at a general election, have been submitted to the people, and have received the sanction of a majority of all the votes cast for and against it at such election ; and all money to be raised by the authority of such law shall be applied only to the specific object stated therein and to the payment of the debt thereby created. This section shall not be construed to refer to any money that has been, or may be, deposited with this state by the government q|jthe United States. Section 7. 1. No divorce shall be granted by the legislature. 2. No lottery shall be authorized by this state ; and no ticket in any lottery not authorized by a law of this state shall be bought or sold within the state. 3. The legblature shall not pass any bill of attainder, ex post facto [130] CONSTITUTION OF law, or law impairing the obligation of contracts, or depriving a party of any remedy for enforcing a contract which existed when the contract was made. 4. To avoid improper influences which may result from intermixing in one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in the title. 5. The laws of this state shall begin in the following style, "Be it enacted by the Senate and General Assembly of the Slate of New Jersey." 6. The fund for the support of free schools, and all money, stock, and other property, which may hereafter be appropriated for that purpose, or received into the treasury under the provision of any law heretofore passed to augment the said fund, shall be securely invested, and remain a perpetual fund ; and the income thereof, except so much as it may be judged expedient to apply to an increase of the capital, shall be annually appropriated to the support of public schools, for the equal benefit of jail the people of the state ; and it shall not be competent for the legislature to borrow, appropriate, or use the said fund, or any part thereof, for any other purpose, under any pretence whatever. 7. No private or special law shall be passed authorizing the sale of any lands belonging in whole or in part to a minor or minors, or other persons who may at the time be under any legal disability to act for themselves. 8. The assent of three-fifths of the members elected to each house shall be requisite to the passage of every law for granting, continuing, alter- ing, amending, or renewing charters for banks or money corporations ; and all such charters shall be limited to a term not exceeding twenty years. 9. Individuals or private corporations shall not be authorized to take private property for public use, without just compensation first made to the owners. 10. The legislature may vest in the circuit courts or courts of common pleas within the several counties of this state, chancery powers, so far as relates to the foreclosure of mortgages and sale of mortgaged premises. ^ Section 8. I. Members of the legislature shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : " I do solemnly swear, (or affirm, as the case may be,) that I will support the constitution of the United States and the constitution of the state of New Jersey, and that I will faithfully discharge the duties of senator (or member of the general assembly, as the case may be) according to thebest of my ability." I NEW JERSEY. [131] And members elect of the Senate or General Assembly are hereby empowered to administer to each other the said oath or affirmation. ARTICLE V. EXECUTIVE. 1. The Executive power shall be vested in a Governor. 2. The governor shall be elected by the legal voters of this state. The person having the highest number of votes shall be the Governor; but if two or more shall be equal and highest in votes, one of them shall be chosen Governor by the vote of a majority of the members of both houses in joint meeting. Contested elections for the office of Governor shall be determined in such manner as the legislature shall direct by law. "When a Governor is to be elected by the people, such election shall be held at the time when and at the places where the people shall respec- tively vote for members of the legislature. 3. The Governor shall hold his office for three years, to commence on the third Tuesday of January next ensuing the election for Governor by the people, and to end on the Monday preceding the third Tuesday of January, three years thereafter ; and he shall be incapable of holding that office for three years next after his term of service shall have expired, and no appointment or nomination to office shall be made by the Governor during the last week of his said term. 4. The Governor shall be not less than thirty years of age, and shall have been for twenty years, at least, a citizen of the United States, and a resident of this slate seven years next before his election, unless he shall have been absent during that time on the public business of the United States or of this state. 5. The Governor shall, at stated times, receive for his services a com- pensation which shall be neither increased nor diminished during the period for which he shall have been elected. 6. He shall be the commander-in-chief of all the military and naval forces of the state ; he shall have power to convene the legislature when- ever in his opinion public necessity requires it ; he shall communicate by message to the legislature at the opening of each session, and at such other times as he may deem necessary, the condition of the state, and recommend such measures as he may deem expedient ; he shall take care that the laws be faithfully executed, and grant, under the great seal of the state, commissions to all such officers as shall be required to be HTcommissioned. 7. Every bill which shall have passed both houses shall be presented to the Governor : if he approve, he shall sign it, but if not, he shall return it, with his objections, to the house in which it shall have origi- nated, who shall enter the objections at large on their journal, and pro- ceed to reconsider it; if, after such reconsideration, a majority of the [132] CONSTITUTION OF whole number 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 like- wise be reconsidereJ, and if approved of by a majority of the whole number of that house, it shall become a law ; but, in neither house shall the vote be taken on the same day on which the bill shall be returned to it : and in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor, within five days (Sun- days 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. 8. No member of Congress, or person holding an office under the United States, or this state, shall exercise the office of Governor ; and in case the Governor, or person administering the government, shall accept any office under the United States or this state, his office of Governor shall thereupon be vacant. 9. The Governor, or person administering the government, shall have power to suspend the collection of fines and forfeitures, and to grant reprieves to extend until the expiration of a time not exceeding ninety days after conviction ; but this power shall not extend to cases of impeachment. 10. The Governor, or person administering the government, the Chancellor, and the six Judges of the court of errors and appeals, or a major part of them, of whom the Governor, or person administering the government, shall be one, may remit fines and forfeitures and grant pardons, after conviction, in all cases except impeachment. 11. The Governor and all other civil officers under this state shall be liable to impeachment for misdemeanor in office, during their contin- uance in office, and for two years thereafter. 12. In case of the death, resignation, or removal from office of the Governor, the powers, duties and emoluments of the office shall devolve upon the president of the Senate, and in case of his death, resignation, or removal, then upon the speaker of the house of Assembly, for the time being, until another Governor shall be elected and qualified ; but in such case another Governor shall be chosen at the next election for members of the state legislature, unless such death, resignation, or removal shall occur within thirty days immediately preceding such next election, in which case a Governor shall be chosen at the second suc- ceeding election for members of the legislature. When a vacancy hap- pens during the recess of the legislature, in any office which is to be filled by the Governor and Senate, or by the legislature in joint meet- ing, the Governor shall fill such vacancy, and the commission shall expire at the end of the next session of the legislature, unless a successor shall be sooner appointed : when a vacancy happens in the office of clerk or surrogate of any county, the Governor shall fill such vacancy, NEW JERSEY. [133] and the commission shall expire when a successor is elected and qualified. 13. In case of the impeachment of the Governor, his absence from the state, or inability to discharge the duties of his office, the powers, duties, and emoluments of the office shall devolve upon the president of the Senate; and in case of his death, resignation or removal, then upon the speaker of the House of Assembly, for the time being, until the Governor absent or impeached shall return or be acquitted, or until the disqualification or inability shall cease, or until a new Governor be elected and qualified. 14. In case of a vacancy in the office of Governor, from any other cause than those herein enumerated, or in case of the death of the Governor elect, before he js qualified into office, the powers, duties, and emoluments of the office shall devolve upon the president of the Senate or speaker of the House of Assembly, as above provided for ; until a ndw Governor be elected and qualified. ARTICLE VI, JUDICIARY. Section 1. 1. The judicial power shall be vested in a court of errors and appeals in the last resort in all causes, as heretofore ; a court for the trial of impeachments 5 a court of chancery ; a prerogative court ; a supreme court ; circuit courts, and such inferior courts as now exist, and as may be hereafter ordained and established by law ; which inferior courts the legislature may alter or abolish, as the public good shall require. Section 2. 1. The court of errors and appeals shall consist of the chancellor, the justices of the supreme court, and six judges, or a major part of them; which judges are to be appointed for six years. 2. Immediately after the court shall first assemble, the six judges shall arrange themselves in such manner that the seat of one of them shall be vacated every year, in order that thereafter one judge may be annually appointed. 3. Such of the six judges as shall attend the court shall receive, respectively, a per diem compensation, to be provided by law. 4. The secretary of state shall be the clerk of this court. 5. When an appeal from an order or decree shall be heard, the chan- cellor shall inform the court, in writing, of the reasons for his order or decree ; but he shall not sit as a member, or have a voice in the hearing or final sentence. 6. When a writ of error shall be brought, no justice who has given [M] tl34] CONSTITUTION OF a judicial opinion in the cause, in favour of or against any error com- plained of, shall sit as a member, or have a voice on the hearing, or for its affirmance or reversal ; but the reasons for such opinion shall be assigned to the court in writing. Section 3. 1. The House of Assembly shall have the sole power of impeaching, by a vote of a majority of all the members ; and all impeachments shall be tried by the Senate : the members, when sitting for that purpose, to be on oath or affirmation " truly and impartially to try and determine the charge in question according to evidence ;" and no person shall be convicted without the concurrence of two-thirds of all the members of the Senate. 2. Any judicial officer impeached shall be suspended from exercising his office until his acquittal. 3. Judgment, in cases of impeachment, shall not extend farther than to removal from office and to disqualification to hold and enjoy any office of honour, profit, or trust under this state 5 but the party convicted shall nevertheless be liable to indictment, trial and punishment, accord- ing to law. 4. The secretary of state shall be the clerk of this court. Section 4. 1. The court of chancery shall consist of a chancellor. 2. The chancellor shall be the ordinary, or surrogate general, and judge of the prerogative court. 3. All persons aggrieved by any order, sentence, or decree of the orphans' court, may appeal from the same, or from any part thereof, to the prerogative court ; but such order, sentence, or decree shall not be removed into the supreme court, or circuit court, if the subject matter thereof be within the jurisdiction of the orphans' court. 4. The secretary of state shall be the register of the prerogative court, and shall perform the duties required of him by law in that respect. Section 5. 1. The supreme court shall consist of a chief justice and four asso- ciate justices. The number of associate justices may be increased or decreased by law, but shall never be less than two. 2. The circuit courts shall be held in every county of this state, by one or more of the justices of the supreme court, or a judge appointed for that purpose ; and shall, in all cases within the county, except in those of a criminal nature, have common law jurisdiction concurrent with the supreme court; and any final judgment of a circuit court may NEW JERSEY. 1135] be docketed in the supreme court, and shall operate as a judgment obtained in the supreme court from the time of such docketing. 3. Final judgments in any circuit court may be brought by writ of error into the supreme court, or directly into the court of errors and appeals. Section 6. 1. There shall be no more than five judges of the inferior court of common pleas in each of the counties in this state after the terms of the judges of said court now in office shall terminate. One judge for each county shall be appointed every year, and no more, except to fdl vacan- cies, which shall be for the unexpired term only. 2. The commissions for the first appointments of judges of said court shall bear date and take effect on the first day of April next ; and all subsequent commissions for judges of said court, shall bear date and take efl'ect on the first day of April in every successive year, except commis- sions to fill vacancies, which shall bear date and take efl'ect when issued. Section 7. 1. There may be elected under this constitution two, and not more than five, justices of the peace m each of the townships of the several counties of this state, and in each of the wards, in cities that may vote in wards. When a township or ward contains two thousand inhabit- ants or less, it may have two justices : when it contains more than two thousand inhabitants, and not more than four thousand, it may have four justices; and when it contains more than four thousand inhabitants, it may have five justices; provided, that whenever any township not voting in wards, contains more than seven thousand inhabitants, such township may have an additional justice for each additional three thousand inhabitants above four thousand. 2. The population of the townships rn the several counties of the state and of the several wards, shall be ascertained by the last preceding census of the United States, until the legislature shall provide, by law, some other mode of ascertaining it. ARTICLE VII. APPOINTING POWER AND TENURE OF OFFICE. Section 1. ■r MILITIA OFFICERS. 1. The legislature shall provide by law for enrolling, organizing, and arming the militia. 2. Captains, subalterns, and non-commissioned officers shall be elected by the members of their respective companies. [136] CONSTITUTION OF 3. Field officers of regiments, independent battalions, and squad- rons, shall be elected by the commissioned officers of their respective regiments, battalions or squadrons. 4. Brigadier generals shall be elected by the field officers of their respective brigades. 5. Major generals shall be nominated by the Governor, and appointed by him, with the advice and consent of the Senate. 6. The legislature shall provide, by law, the time and manner of electing militia officers, and of certifying their elections to the Governor, who shall grant their commissions and determine their rank, when not determined by law ; — and no commissioned officer shall be removed from office but by the sentence of a court martial, pursuant to law. 7. In case the electors of subalterns, captains, or field-officers, shall refuse or neglect to make such elections, the Governor shall have power to appoint such officers, and to fill all vacancies caused by such refusal or neglect. 8. Brigade inspectors shall be chosen by the field-officers of their respective brigades. 9. The Governor shall appoint the adjutant-general, quarter-master general, and all other militia officers whose appointment is not other- wise provided for in this constitution. ip. Major-generals, brigadier-generals, and commanding officers of regiments, independent battalions, and squadrons shall appoint the staiT officers of their divisions, brigades, regiments, independent battal- ions and squadrons, respectively. Section 2. CIVIL OFFICERS. 1. Justices of the supreme court, chancellor, and judges of the court of errors and appeals, shall be nominated by the governor, and appointed by him, with the advice and consent of the Senate. The justices of the supreme court and chancellor shall hold their offices for the term of seven years ; shall, at stated times, receive for their services, a compensation which shall not be diminished during the term of their appointments : and they shall hold no other office under the government of this state or of the United States. 2. Judges of the courts of common pleas shall be appointed by the Senate and General Assembly, in joint-meeting. They shall hold their offices for five years ; but when appointed to fill vacancies, they shall hold for the unexpired term only. 3. The state treasurer and the keeper and inspectors of the state prison shall be appointed by the Senate and General Assembly, in joiat- meeting. NEW JERSEY. [137] They shall hohl their offices for one year, and until their successors shall be qualified into office. 4. The attorney-general, prosecutors of the pleas, clerk of the supreme court, clerk of the court of chancery, and secretary of state, shall be nominated by the Governor, and appointed by him, with the advice and consent of the Senate. They shall hold their offices for five years. 5. The law reporter shall be appointed by the justices of the supreme court, or a majority of them ; and the chancery reporter shall be appointed by the chancellor. They shall hold their offices for five years. 6. Clerks and surrogates of counties shall be elected by the people of their respective counties, at the annual elections for members of the General Assembly. They shall hold their offices for five years. 7. Sheriffs and coroners shall be elected annually, by the people of their respective counties, at the annual elections for members of the General Assembly. They may be re-elected until they shall have served three years, but no longer; after which, three years must elapse before they can be again capable of serving. 8. Justices of the peace shall be elected by ballot, at the annual meet- ings of the townships in the several counties of the state, and of the wards in cities that may vote in wards, in such manner, and under such regulations, as may be hereafter provided by law. They shall be commissioned for the county, and their commissions shall bear date and take effect on the first day of May nex after their election. They shall hold their offices for five years ; but when elected to fill vacancies, they shall hold for the unexpired term only ; provided, that the commission of any justice of the peace shall become vacant upon his ceasing to reside in the township in which he was elected. The first election for justices of the peace shall take place at the next annual town meetings of the townships in the several counties of the state, and of the wards in cities that may vote in wards. 9. All other officers, whose appointments are not otherwise provided for by law, shall be nominated by the Governor, and appointed by him, with the advice and consent of the Senate 5 and shall hold iheir offices for the time prescribed by law. 10. All civil officers elected or appointed pursuant to the provisions of this Constitution, shall be commissioned by the Governor. 11. The term of office of all officers elected or appointed pursuant to the provisions of this constitution, except when herein otherwise directed, [m2] [138] CONSTITUTION OF shall commence on the day of the date of their respective commissions; but no commission for any office shall bear date prior to the expiration of the term of the incumbent of said office. ARTICLE VIII. GENERAL PROVISIONS. 1. The secretary of state shall be ex-officio an auditor of the accounts of the treasurer, and, as such, it shall be his duty to assist the legisla- ture in the annual examination and settlement of said accounts, until otherwise provided by law. 2. The seal of the state shall be kept by the Governor or person administering the government, and used by him officially, and shall be called the great seal of the state of New Jersey. 3. All grants and commissions shall be in the name and by the authority of the state of New Jersey, sealed with the great seal, signed by the Governor or person administering the government, and counter- signed by the secretary of state, and shall run thus : " The state of New Jersey to , greeting." All writs shall be in the name of the state ; and all indictments shall conclude in the following manner, viz : " against the peace of this state, the government and dignity of the same." 4. This constitution shall take effect and go into operation on the second day of September, in the year of our Lord one thousand eight hundred and forty-four. ARTICLE IX. AMENDMENTS. Any specific amendment or amendments to the constitution, may be proposed in the Senate or General Assembly, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen, and shall be published, for three months previous to making such choice, in at least one newspaper of each county, if any be published therein ; and if in the legislature next chosen, as aforesaid, such proposed amendment or amendments, or any of them, shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment or amendments, or such of them as may have been agreed to as aforesaid by the two legislatures, to the people, in such manner and at such time, at least four months after the adjournment of the legislature, as the legislature shall prescribe ; and if the people, at a special election to be held for that purpose only, shall approve and ratify such amendment or amendments, or any of them, by a majority of the electors qualified to vote for members of the legislature voting thereon, such amendment or amendments, so approved and ratified, shall become part of the constitution ; provided, that if more than one atnendment be NEW JERSEY. [139] submitted, they shall be submitted in such manner and form that the people may vote for or against each amendment separately and distinctly? but no amendment ox amendments shall be submitted to the people by the legislature oftener than once in five years. ARTICLE X. SCHEDULE. That no inconvenience may arise from the change in the constitution of this state, and in order to carry the same into complete operation, it is hereby declared and ordained, that 1. The common law and statute laws now in force not repugnant to this constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the legislature; and all writs, actions, causes of action, prosecution, contracts, claims, and rights of individuals and of bodies corporate, and of the state, and all charters of incorporation, shall continue, and all indictments which shall have been found, or which may hereafter be found, for any crime or offence committed before the adoption of this constitution, may be proceeded upon as if no change had taken place. The several courts of law and equity, except as herein otherwise provided, shall continue with the like powers and jurisdiction as if this constitution had not been adopted. 2. All officers now filling any office or appointment, shall continue in the exercise of the duties thereof, according to their respective commis- sions or appointments, unless, by this constitution, it is otherwise directed. 3. The present Governor, chancellor and ordinary or surrogate general, and treasurer, shall continue in office until successors elected or appointed under this constitution shall be sworn or affirmed into office. 4. In case of the death, resignation, or disability of the present Governor, the person who may be vice president of Council at the time of the adoption of this constitution shall continue in office, and administer the government until a Governor shall have been elected and sworn or affirmed into office under this constitution. 5. The present Governor, or in case of his death or inability to act, the Vice President of Council, together with the present members of the Legislative Coilncil and Secretary of State, shall constitute a board of state canvassers, in the manner now provided by law, for the purpose of ascertaining and declaring the result of the next ensuing election for Governor, members of the House of Representatives, and electors of President and Vice President. 6. The returns of the votes for governor, at the said next ensuing elec- tion, shall be transmitted to the secretary of state, the votes counted, and the election declared, in the manner now provided by law in the case of the election of Electors of President and Vice President. 7. The election of clerks and surrogates, in those counties where the term of office of the present incumbent shall expire previous to the general election of eighteen hundred and forty-five, shall be held at the [140] CONSTITUTION OF general election next ensuing the adoption of this constitution ; the result of which election shall be ascertained in the manner now provided by law for the election of sheriffs. 8. The elections for the year eighteen hundred and forty-four shall take place as now provided by law. 9. It shall be the duty of the Governor to fill all vacancies in office happening between the adoption of this constitution and the first session of the Senate, and not otherwise provided for; and the commissions shall expire at the end of the first session of the Senate, or when suc- cessors shall be elected or appointed and qualified. 10. The restriction of the pay of members of the legislature, after forty days from the commencement of the session, shall not be applied to the first legislature convened under this constitution. 11. Clerks of counties shall be clerks of the inferior courts of com- mon pleas and quarter sessions of the several counties, and perform the duties, and be subject to the regulations now required of them by law, until otherwise ordained by the legislature. 12. The legislature shall pass all laws necessary to carry into effect the provisions of this constitution. Done in convention, at the state-house in Trenton, on the twenty-ninth day of June, in the year of our Lord one thousand eight hundred and forty-four, and of the Independence of the United States of America the Sixty-Eighth. ALEXANDER WURTS, President of the Convention. William Pateusojt, Secretary. Ta. J. Sauxders, Assistant Secretary. CONSTITUTION OF PENNSYLVANIA, AS AMENDED IN CONVENTION THE SECOND TUESDAY OF OCTOBER, 1838, We, the people of the commonwealth of Pennsylvania, ordain and establish this constitution for its government. ARTICLE 1. § 1. The legislative power of this commonwealth shall be vested in a general assembly, which shall consist of a senate and house of repre- sentatives. 2. The representatives shall be chosen annually, by the citizens of the city of Philadelphia, and of each county respectively, on the second Tuesday of October. 3. No person shall be a representative who shall not have attained the age of twenty-one years, and have been a citizen and inhabitant of PENNSYLVANIA. 129 the state three years next preceding his election, and the lust year thereof an inhabitant of the district in and for which he shall be chosen a representative, unless he shall have been absent on the public business of the United States or of this state. 4. Within three years after the first meeting of the general assembl}', and witliin every subsequent term of seven years, an enumeration of the taxable inhabitants shall be made in such manner as shall bo directed by law. The number of representatives shall at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the city of Philadelphia and the several counties, according to the number of taxable inhabitants in each : and bhall never be less than sixty nor greater than one hundred. Eacl) county shall have at least one representative, but no county hereafter erected shall be entitled to a sepa- rate representation until a sufficient number of taxable inhabitants shall be contained within it, to entitle them to one representative, agreeably to the ratio which shall then be established. 5. The senators shall be chosen for three years by the citizens of Philadelphia and of the several counties, at the same time, in the same manner, and at the same places where they shall vote for representatives. 6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature, and appor- tioned among the districts formed as hereinafter directed, according to the number of taxable inhabitants in each ; and shall never be less than one-fourth, nor greater than one-third, of the number of representatives. 7. The senators shall be chosen in districts, to be formed by the legis- lature ; but no district shall be so formed as to entitle it to elect more than two senators, unless the number of taxable inhabitants in any city or county shall, at any time, be such as to entitle it to elect more than two, but no city or county shall be entitled to elect more than four sena- tors ; when a district shall be composed of two or more counties, they shall be adjoining; neither the city of Philadelphia nor any county shall be divided in forming a district. 8. No person shall be a senator who shall not have attained the age of twenty-five years, and have been a citizen and inhabitant of the state four years next before his election, and the last year thereof an inhabi- tant of the district for which he shall be chosen, 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 said office after he shall have removed from such district. 9. The senators who may be elected at the first general election after the adoption of the amendments to the constitution, shall be divided by lot into three classes. The seats of the senators of the first class shall be vacated at the expiration of the first year ; of the second class at the expiration of the second year; and of the third class at the expiration of the third year; so that thereafter one-third of the whole number of sena- tors may be chosen every year. The senators elected before the amend- ments to the constitution shall be adopted shall hold their offices during the terms for which they shall respectively have been elected. 10. The general assembly shall meet on the first Tuesday of January, in every year, unless sooner convened by the governor. il. Each house shall choose its speaker and other officers; and the senate shall also choose a speaker pro tempore, when the speaker shall exercise tlie office of governor. 130 CONSTITUTION OF 12. Each house shall judge cif the quaUfications of its members. Contested elections shall be determined by a committee to be selected, formed and regulated 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 be authorized by law to compel the attendance of absent members, in such manner and under such penalties as may be provided. 13. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the concurrence of two- tiiirds, 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 li:ee state. 14. The legislature shall not have power to enact laws annulling the contract of marriage in any case where, by law, the courts of this com- monwealth are, or hereafter may be, empowered to decree a divorce. 15. Each house shall keep a journal of its proceedings, and publish them weekly, except such parts as may require secrecy : and the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals. 16. The doors of each house and of committees of the whole shall be open, unless when the business shall be such as ought to be kept secret. 17. 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. 18. The senators and representatives shall receive a compensation for their services to be ascertained by law, and paid out of the treasury of the commonwealth. They shall in all cases, except treason, felony, and breach or surety of tiie peace, be privileged from arrest during their at- tendance at the session of their respective houses, and in going to and returning from the same. And for any speech or debate in either house, they shall not be questioned in any other place. 19. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office under this com- monwealth which shall have been created, or the emoluments of which shall have been increased during such time ; and no member of congress or other person holding any office, (except of attorney at law and in the militia) under the United States or this commonwealth, shall be a mem- ber of either house during his continuance in congress or in office. 20. When vacancies happen in either house, the speaker shall issue writs of election to fill such vacancies. 21. All bills for raising revenue shall originate in the house of repre- sentatives, but the senate may propose amendments as in other bills. 22. No money shall be drawn from the treasury but in consequence of appropriations made by law. 23. Every bill which shall have passed both houses shall be presented to the governor. If he approve, he shall sign it, but if he shall not ap- prove, he shall return it with his objections to the house in which it shall have originated, who shall enter the objections at large upon their jour- nals, and proceed 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 likewise it shall be reconsidered, and if approved by two-thirds of that house, it shall be a law. But in such cases the votes of both houses shall be determined by yeas and nays, PENNSYLVANIA. 131 and the names of tlic persons voting- for or against the bill shall be entered on the journals of each house respectively. If any bill shall not be re- turned by the governor within ten days (Sundays excepted) after i1 shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the general assembly, by their adjournment, prevented its return, in wliich case it shall be a law, unless sent back within three days after their next meeting. 24. Every order, resolution or vote, to which the concurrence of both houses may be necessary (except on a question of adjournment) shall be presented to the governor, and before it shall take efil:ct, be approved by him, or being disapproved, sliall be repassed by tv.o-thirds of both houses according to the rules and limitations prescribed in case of a bill. 25. No corporate body shall be hereafler created, renewed or extended with banking or discounting privileges, without six months' previous public notice of the intended application for the same in such manner as Bliall be prescribed by law. Nor shall any charter for the purposes afore- said, be granted for a longer period than twenty years, and every such charter shall contain a clause reserving to the legislature the power to alter, revoke or annul the same, whenever in their opinion it may be injurious to the citizens of the commonwealth, in such manner, however, that no injustice shall be done to the corporators. No law hereafler enacted, shall create, renew, or extend the charter of more than one corporation. ARTICLE 2. § 1. The supreme executive power of this commonwealth shall be vested in a governor. 2. The governor shall be chosen on tlie second Tuesday of October, by the citizens of the commonwealth, at the places where they shall respectively vote for representatives. The returns of every election for governor shall be sealed up and transmitted to the seat of government, directed to the speaker of the senate, who shall open and publish them in the presence of the members of both houses of the legislature. The person having the highest number of votes shall be governor. But if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of the members of both houses. Con- tested elections shall be determined by a committee to be selected from both houses of the legislature, and formed and regulated in such manner as shall be directed by law. 3. The governor shall hold his office during three years from the third Tuesday of January next ensuing his election, and shall not be capable of holding it longer than six in any term of nine years. 4. He shall be at least thirty years of age, and have been a citizen and an inhabitant of this state seven years next before his election ; unless he shall have been absent on the public business of the United States, or of this state. 5. No member of congress or person holding any office under the United States, or this state, shall exercise the office of governor. 6. The governor shall at stated times receive for his services a com- pensation, which shall be neither increased nor diminished during the period for which he shall have been elected. 7. He shall be commander-in-chief of the army and navy of this com- monwealth, and of the militia, except when they shall be called into the actual service of the United States. 132 CONSTITUTION OF 8. He shall appoint a secretary of the commonwealth during pleasure, and he shall nominate, and by and with the advice and consent of the senate, appoint all judicial otiicers of courts of record, unless otherwise provided for in this constitution. He sliall have power to fill all vacan- cies that may happen in such judicial otRces during the recess of the senate, by granting commissions which shall expire at tiie end of their next session : Provided, that in acting on executive nominations the senate shall sit with open doors, and in confirming or rejecting the nomi- nations of tiic governor, the vote sliall be taken by yeas and nays. 9. He shall liave power to remit fines and forfeitures, and grant re- prieves and pardons, except in cases of impeachment. 10. He may require information in writing, from the officers in the executive department, on any subject relating to the duties of their re- spective offices. 11. He shall, from time to time, give to the general assembly informa- tion of the state of the commonwealth, and recommend to their conside- ration such measures as he shall judge expedient. 12. He may, on extraordinary occasions, convene the general assem- bly ; 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 exceeding four months. 13. He shall take care that the laws be faithfully executed. 14. In case of the death or resignation of the governor, or his removal from office, the speaker of the senate shall exercise the office of governor, until another governor shall be duly qualified ; but in such case another governor shall be chosen at the next annual election of representatives, unless such death, resignation, or removal, shall occur within three calendar months immediately preceding such next annual election, in which case a governor shall be chosen at the second succeeding annual election of representatives. And if the trial of a contested election shall continue longer than until the third Monday of January next ensuing the election of governor, the governor of the last year, or the speaker of the senate who may be in the exercise of the executive authority, shall continue therein until the determination of such contested election, and until a governor shall be duly qualified as aforesaid. 15. The secretary of the commonwealth shall keep a fair register of all the official acts and proceedings of the governor, and shall, when re- quired, lay the same and all papers, minutes and vouchers relative there- to, before either branch of the legislature, and shall perform such other duties as shall be enjoined him by law. ARTICLE 3. § 1. In elections by the citizens, every white freeman of the age of twenty-one years, having resided in this state one year, and in the elec- tion district where he offi3rs to vote, ten days immediately preceding such election, and within two years paid a state or county tax, which shall have been assessed at least ten days before the election, shall enjoy the rights of an elector. But a citizen of the United States, who had previously been a qualified voter of this state, and removed therefrom and returned, and who shall have resided in the election district, and paid taxes as aforesaid, shall be entitled to vote, after residing in the state six months : Provided, that white freemen, citizens of the United States, between the ages of twenty-one and twenty-two years, and having PENNSYLVANIA, 133 resided in tlie stale one year, and in the election district ten days as aforesaid, shall be entitled to vote, although they shall not have paid taxes. 2. All elections shall be by ballot, except those by persons in their representative capacities, who shall vote viva voce. 3. Electors shall in all cases, except treason, felony, and breach of surety of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from them, ARTICLE 4. § 1. The house of representatives shall have the sole power of impeach- ing. 2. All impeachments shall be tried by the senate : when sitting for that purpose, the senators shall be upon oath or affirmation. No person shall be convicted, without the concurrence of two-thirds of the members present, 3. The governor, and all other civil officers under this commonwealth, shall be liable to impeachment for any misdemeanor in office; but judg- ment, in such cases, shall not extend further than to removal from office and disqualification to liold any office of honour, trust, or profit, under this commonwealth: the party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment and punisJiment according to law. ARTICLE 3, § 1. The judicial power of this commonwealth shall be vested in a supreme court, in courts of oyer and terminer and general jail delivery, in a court of common pleas, orphans' court, register's court, and a court of quarter sessions of the peace, for each county ; in justices of the peace, and in such other courts as the legislature may, from time to time establish. 2. Tlie judges of tlie supreme court, of the several courts of common pleas, and of such other courts of record as are or shall be established by law, shall be nominated by the governor, and by and with the con- sent of the senate appointed and commissioned by him. The judges of the supreme court shall hold their offices for the term of fifteen years, if they shall so long behave themselves well. The president judges of the several courts of common pleas, and of such other courts of record as are or shall be established by law, and all other judges required to be learned in the law, shall hold their offices for the term of ten years, if they shall so long behave themselves well. The associate judges of the courts of common pleas shall hold their offices for the term of five years, if they shall so long behave themselves well. But for any reasonable cause, which shall not be sufficient ground of impeachment, the governor may remove any of them on the address of two-tiiirds of each branch of the legislature. Tlie judges of the supreme court, and the presidents of the several courts of common pleas, shall at stated times receive for their services an adequate compensation to be fixed by law, which shall not be diminished during their continuance in office ; but they shall receive no fees or j^erquisites of office, nor hold any other office of profit under this commonwealth. 3. Until otherwise directed by law, the courts of common pleas shall 134 CONSTITUTION OF continue as at present established. Not more than five counties shall at any time be included in one judicial district organized for said courts. 4. The jurisdiction of the supreme court shall extend over the state ; and the judges thereof shall, by virtue of their offices, be justices of oye» and terminer and general jail delivery, in the several counties. 5. The judges of the court of common pleas, in each county, shall, by virtue of their offices, be justices of oyer and terminer and general jail delivery, for the trial of capital and other offenders therein ; any two of said judges, the president being one, shall be a quorum ; but they shall not hold a court of oyer and terminer, or jail delivery, in any county, when the judges of the supreme court, or any of them shall be sitting in the same county. The party accused, as well as the commonwealth, may, under such regulations as shall be prescribed by law, remove the indictment and [H-oceedings, or a transcript thereof, into the supreme court. 6. The supreme court, and the several courts of common pleas, shall, beside the powers heretofore usually exercised by them, have the powers of a court of chancery, so far as relates to the perpetuating of testimony, the obtaining of evidence from places not within the state, and the care of the persons and estates of those who are non compotes mentis* And the legislature shall vest in the said courts such other powers to grant relief in equity, as shall be found necessary ; and may, from time to time, enlarge or diminish those powers or vest them in such other courts as they shall judge proper, for the due administration of justice. 7. The judges of the court of common pleas of each county, any two of whom shall be a quorum, shall compose the court of quarter sessions of the peace, and orphans' court thereof', and the register of wills, toge- ther with tlie said judges, or any two of them, shall compose tlie regis- ter's court of each county. 8. The judges of the courts of common pleas shall, within their re- spective counties, have like powers with the judges of the supreme court, to issue writs of certiorari to the justices of the peace, and to cause their proceedings to be brought before them, and the like right and justice to be done. 9. The president of the court in each circuit within such circuit, and the judges of the court of common pleas within their respective counties, shall be justices of the peace, so far as relates to criminal matters. 10. A register's office, for the probate of wills and granting letters of administration, and an office for the recording of deeds, shall be kept in each county. 11. The style of all process shall be " The Commonwealth of Penn- sylvania." All prosecutions shall be carried on in the name and by the authority of the commonwealth of Pennsylvania, and conclude, " against the peace and dignity of the same." ARTICLE 6. § 1. Sheriffs and coroners shall, at the times and places of election of representatives, be chosen by the citizens of each county. One person shall be chosen for each office, who shall be commissioned by the go- vernor. They shall hold their offices for three years, if they shall so long behave themselves well, and until a successor be duly qualified ; but no person shall be twice chosen or appointed sheriff in any term of six ^ears. Vacancies in either of the said offices shall be filled by an ap- PENNSYLVANIA. 135 pomtment, to be made by the governor, to continue until the next gene- ral election, and until a successor shall be chosen and qualified as afore- said. 2. The freemen of this commonwealth shall be armed, organized, and disciplined for its defence, when and in such manner as may be directed by law. Those who conscientiously scruple to bear arms, shall not be compelled to do so, but shall pay an equivalent for personal service. 3. Prothonotaries of the supreme court shall be appointed by the said court for the term of three years, if they so long behave themselves well. Prothonotaries and clerks of the several other courts, recorders of deeds, and registers of wills, shall at the times and places of election of repre- sentatives, be elected by the qualified electors of each county, or the dis- tricts over which the jurisdiction of said courts extends, and shall be commissioned by the governor. They shall hold their offices for three years, if they shall so long behave themselves well, and until their sue- cessors shall be duly qualified. The legislature shall provide by law the number of persons in each county who shall hold said offices, and how many, and which of said offices shall be held by one person. Vacancies in any of the said offices shall be filled by appointments to be made by the governor, to continue until the next general election, and until suc- cessors shall be elected and qualified as aforesaid. 4. Prothonotaries, clerks of the peace and orphans' courts, recorders of deeds, registers of wills, and sheriffs, shall keep their offices in the county town of the county in which they, respectively, shall be officers, unless when the governor shall, for special reasons, dispense therewith, for any term not exceeding five years afl,er the county shall have been erected. 5. All commissions shall be in the name and by the authority of the Commonwealth of Pennsylvania, and be sealed with the state seal, and signed by the governor. 6. A state treasurer shall be elected annually, by joint vote of both branches of the legislature. 7. Justices of the peace or aldermen, shall be elected in the several wards, boroughs, and townships, at the time of the election of constables by tile qualified voters thereof, in such number as shall be directed by law, and shall be commissioned by the governor for a term of five years. But no township, ward or borough, shall elect more than two justices of the peace or aldermen w^ithout the consent of a majority of the quali- fied electors within such township, ward or borough. 8. All officers whose election or appointment is not provided for in this constitution, shall be elected or appointed as shall be directed by law. No person shall be appointed to any office within any county who ^ shall not have been a citizen and an inhabitant therein one year next before his appointment, if the county shall have been so long erected ; but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. No member of congress from this state, or any person holding or exercising any office or appointment of trust or profit under the United States, shall at the same time hold or exercise any office in this state, to which a salary is, or fees or perquisites are, by law, annexed ; and the legislature may by law declare what state offices are incompatible. No member of the senate or of the house of representatives shall be appointed by the go- vernor to any office during the term for which he shall have been elected. 136 CONSTITUTION OF 9. AH officers for a term of years shall hold their oflSecs for the terms respectively specified, only on the condition that they so long behave themselves well ; and shall be removed on conviction of misbehaviour in office or of any infamous crime. 10. Any person who shall, after the adoption of the amendments pro- posed by this convention to the constitution, fight a duel, or send a chal- lenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of holding any office of honour or profit in this state, and shall be punished otherwise in such manner as is, or may be prescribed by law ; but the executive may remit the said offence and all its disqualifications. ARTICLE 7. § 1. The legislature shall, as soon as conveniently may be, provide, by law, for the establishment of schools throughout the state, in such manner that the poor may be taught gratis. 2. The arts and sciences shall be promoted in one or more seminaries of learning. 3. The rights, privileges, immunities and estates of religious societies and corporate bodies, shall remain as if the constitution of this state had not been altered or amended. 4. The legislature shall not invest any corporate body or individual with the privilege of taking private property for public use, without re- quiring such corporation or individual to make compensation to the owners of said property, or give adequate security therefor, before such property shall be taken. ARTICLE 8. Members of the general assembly and all officers, executive and judi- cial, shall be bound by oath or affirmation to support the constitution of this commonwealth, and to perform the duties of their respective offices with fidelity. ARTICLE 9. That the general, great and essential principles of liberty and free go- vernment may he recognized and unalterably established, we declare : 1. That all men are born equally free and independent, and have cer- tain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness. 2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness : For the advancement of those ends, they have, at all times, an unalienable and indefeasible right to alter, reform, or abolish their government, in such manner as they may think proper. 3. That all men have a natural and indefeasible right to worship Al- mighty God according to the dictates of their own consciences; that no man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent ; that no human authority can, in any case whatever, control or interfere with the rights of conscience ; and that no preference shall ever be given, by law, to any religious establishments or modes of worship. 4. That no person who acknowledges the being of a God and a future PENNSYLVANIA. 137 slate of rewards and punishments, shall, on account of his religious sen- timents, be disqualified to hold any office or place of trust or profit under this commonwealth. 5. That elections shall be free and equal. 6. That trial by jury shall be as heretofore, and the right thereof re- main inviolate. 7. That the printing presses shall be free to every person, who under takes to examine the proceedings of the legislature or any branch of government : and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invalua- ble rights of man ; and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. In prose- cutions for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evi- dence ; and, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases, 8. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures ; and that no war- rant to search any place, or to seize any person or things, shall issue without describing them as nearly as may be, nor without probable cause, gupported by oath or affirmation. 9. That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him, to meet the witnesses face to face, to have com- pulsory process for obtaining witnesses in his favour, and in prosecutions by indictment or information, a speedy trial by an impartial jury of the vicinage : that he cannot be compelled to give evidence against himself^ nor can he be deprived of his life, liberty or property, unless by the judg- ment of his peers or the law of the land. 10. That no person shall, for any 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 and misde- meanor in office. No person shall for the same offence be twice put in jeopardy of life or limb; nor shall any man's property be taken, or ap- plied to public use, without the consent of his representatives, and with- out just compensation being made. 11. That all courts shall be open, and every man for an injury done him in his lands, goods, person or reputation, shall have remedy by the due course of law, and right and justice administered without sale, de- nial or delay. Suits may be brought against the commonwealth in such manner, in such courts, and in such cases, as the legislature may, by law, direct. 1:2. That no power of suspending laws shall be exercised, unless by the legislature, or its authority. 13. That excessive bail shall not be required, nor excessive fines im- posed, nor cruel punishments inflicted. 14. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or presumption great : and the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it m2 1S8 CONSTITUTION OF 15. That no commission of oyer and terminer or jail delivery shall he issued. 16. That the person of a debtor, where there is not strong presump- tion of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be pre- Bcribed by law. 17. That no ex post facto law, nor any law impairing contracts, shall be made. 18. That no person shall be attainted of treason or felony by the legis- lature. 19. That no attainder shall work corruption of blood ; nor, except during the life of the offender, forfeiture of estate to the commonwealth: that the estates of such persons as shall destroy their own lives, shall descend or vest as in case of natural death ; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. 20. That the citizens have a right, in a peaceable manner, to assemble together for their common good, and to apply to those invested witli the powers of government for redress of grievances, or other proper purposes, by petition, redress, or remonstrance. 21. That the right of the citizens to bear arms, in defence of them- selves and the stale, shall not be questioned. 22. That no standing arn\y shall, in time of peace, 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. 23. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. 24. That the legislature shall not grant any title of nobility or heredi- tary distinction, nor create any office the appointment to which shall bo for a longer term than during good behaviour. 25. That emigration from the state shall not be prohibited. 26. To guard against transgressions of the high powers which we have delegated, we declare, that every thing in this articleis excepted out of the general powers of government, and shall for ever remain in- violate. ARTICLE 10. 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 house, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and the secretary of the commonwealth shall cause the same to be published three months before the next elec- tion, in at least one newspaper in every county in which a newspaper shall be published ; and if in the legislature next afterwards chosen, such proposed amendment or amendments shall be agreed to by a majority of the members elected to each house, the secretary of the commonwealth shall cause the same again to be published in manner aforesaid, and such proposed amendment or amendments shall be submitted to the people in such manner and at such time, at least three months after being so agreed to by the two houses, as the legislature shall prescribe ; and if the people shall approve and ratify such amendment or amendments by a majority of the qualified voters of this state voting thereon, such amend PENNSYLVANIA. 139 ment or amendments shall become a part of the constitution, but no amendment or amendments shall be submitted to the people oftener than once in five years : Provided, that if more than one amendment be sub- mitted, they shall be submitted in such manner and form, that the people may vote for or against each amendment separately and distinctly. SCHEDULE. That no inconvenience may arise from the alterations and amendments in the consti- tution of this commonwealth, and in order to carry the same into complete operation, it is hereby declared and ordained, that: 1. All laws of this commonwealth in force at the time when the said alterations and amendments in the said constituii^m shall take eflfeot, and not inconsistent therewith, and all rights, proi^ecutions, actions, claims, and omlrucls, as well of individuals as of budics corporate, shall continue as if ihe said alterations and amendments had not lyeea made. 2. The alterations and amendments in the said constitution shall take effect from the first day of January, eiifhieen hundred and thirty-nme ; to which time the present executive term is hereby extended. 6. The commissions of the judgrs of the supreme court who may be in office on the first day of Januiiry next, shall expire in the following manner: — The commission which bears the earliest date shall expire on the first day of January, anno domini one thousand eight hundred and forty-two: the commission next dated shall expire on the first day of January, anno domini one thousand eight hundred and forty-five: the commission next dated shall expire on the first day of January, anno domini one thousand eight hundred and forty-eight: the commission next dated shall expire on the first day of January, anno domini one thou- sand eight hundred and fifty-one: and the commission last dated shall expire on the first day of January, anno domini one thousand eight hundred and fifty-four. 7. The commissions of the president jiidaes of the several judicial districts, and of the Bssociatelaw judges of the first judicial district, shall expire as follows: — The commissions of one-half of those who shall have held their offices ten years or more, at the adoption of the amendments to the constitution, shall expire on the twenty-seventh day of February, one thousand eight hundred and thirty-nine: the commissions of the other half of those who shall have held their offices ten years or more, at the ad-iption of the amendments to the constitution, shall expire on the twenty-seventh d;iy of February, one thousand eight hundred and forty-two: the first half to embrace those whose commissions shall bear the oldest dale. The commissions of all the remaining judges who shall not have held their offices for ten years at the adoption of the amendments to the constitution, shall expire on the twenty-seventh day of February next after the end of ten years from the date of theii commissions. 8. The recorders of the several mayors' courts, and other criminal courts in this com- monwealth, shall be appointed for the same time and in the same manner as the president judges of the several judicial districts: of those now in office, the commission oldest in date shall expire on the twenty-seventh day of February, one thousand eight hundred and forty-one, and the others every two years thereafter according to their respective dates: those oldest in date expiring first. 9. Th(> legislature, at its first session under the arnended cojistitution, shall divide the other associate judges of the state into four classes The commissions of those of the first class shall expire on the twenty-seventh day of February, eighteen hundred and forty: of those of the second class on the twenty-seventh day of February, eighteen hundred and forty-one: of those of the third class on the twenty-seventh day of February, eighteen hundred and forty-two: and of those of the fourth class on the twenty-seventh day of February, eighteen hundred and forty-three. The said classes, from the first to Ihe fourth, shall be arranged according to the seniority of the commissions of the several judges. 10. Prothonotaries, clerks of the several courts, (except of the supreme court.) recorders of deeds, and registers of wills, shall be first elected under the amended constitution, at the election of representatives, in the year eighteen hundred and thirty-nine, in such manner as may be prescribed by law. 11. The appointing power shall remain as heretofore, and all officers in the appointment of the executive department shall continue in the exercise of the duties of their respectiwe offices until the legislature shall pass such laws as may be required by ihe eighth section of the sixth article of the amended constitution, and until appointments shall be made under such laws ; unless their commissions shall be superseded by new appointments, or shall sooner expire by their own limitations, or the said offices shall become vacant by death or resignation, and such laws shall be eiiacicd by the first legislature under Ihe amended constitution. 140 CONSTITUTION OF 13. The first election for aldnrmen and justices of the peace shall be held in the jreai eighteen hundred and forty, at the lime fixed for the election of constables. The legislature, at its first session under the amended constitution, shall provide for the said election, ana for subsequent similar electicns. The aldermen and justices of the peace now in commission, or who may in the interim be appointed, shall continue to discharee the duties of their respective offices until fifteen days after the day which shall be fixed b/ law for the issuing of new commissions, at the expiration of which lime their commissions shall expire. In testimony that the foregoing is the amended constitution of Pennsylvania, as agreed to in convention, we, the officers and members of the convention, have hereunto signed our names, at Philadelphia, the twenty-second day of February, anno domini one thousand eight hundred and thirty-eight, and of the independence of the United States of America the sixty-second. JOHN SERGEANT, President. (Attest) S. Shoch, Secretary. 5. wT.tiM^'"' i -^--^-^ ^--'«"- CONSTITUTION OF DELAWARE, AS AMBKDED AND ADOPTED, DECEMBER 2d, 1831.* fVe, the People, hereby ordain and establish this Constitution of Government for the State of Delaivare. Through divine goodness all men have, by nature, the rights of wor shipping and serving their Creator according to the dictates of their con- sciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and, in general, of attaining objects suitable to their condition, without injury by one to another ; and as these rights are essential to their welfare, for the due exercise thereof, power is inherent in them ; and therefore all just authority in the insti- tutions of political society is derived from the people, and established with their consent, to advance their happiness : And they may for this end, as circumstances require, from time to time, alter their constitution of government. ARTICLE 1. § 1. Although it is the duty of all men frequently to assemble to- gether for the public worship of the Author of the Universe, and piety and morality, on which the prosperity of communities depends, are thereby promoted ; yet no man shall, or ought to be compelled to attend any religious worship, to contribute to the erection or support of any place of worship, or to the maintenance of any ministry, against his own free will and consent : and no power shall or ought to be vested in or assumed by any magistrate, that shall in any case interfere with, oi in any manner control the rights of conscience, in the free exercise of religious worship : nor shall a preference be given by law to any re • ligious societies, denomination, or modes of worship. * The amendments are in brackets. DELAWARE. 141 § 2. No leligious test shall be required as a qualification to any office, or public trust, under this state. § 3. All elections shall be free and equal. § 4. Trial by jury shall be as heretofore. § 5. The press shall be free to every citizen who undertakes to ex- amine the oflicial conduct of men acting in a public capacity ; and any citizen may print on any such subject, being responsible for the abuse of that liberty. In prosecutions for pubUcations investigating the pro- ceedings of officers, or where the matter published is proper for public information, the truth thereof may be given in evidence ; and in all in- dictments for libels, the jury may determine the facts and the law, as in other cases. § 6. The people shall be secure in their persons, houses, papers, and possessions, from the unreasonable searches and seizures : and no war- rant to search any place, or to seize any person or things, shall issue without describing them as particularly as may be, nor then, unless there be probable cause supported by oath or affirmation. § 7. In all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to be plainly and fully informed of the na- ture and cause of the accusation against him, to meet the witnesses in their examination face to face, to have compulsory process in due time, on application by himself, his friends, or counsel, for obtaining witnesses in his favour, and a speedy and public trial by an impartial jury : he shall not be compelled to give evidence against himself : nor shall he be de- prived of life, liberty, or property, unless by the judgment of his peers or the law of the land. § 8. No person shall for any indictable offence be proceeded against criminally by information, except in cases arising in the land and naval forces, or in the militia when in actual service in time of war or public danger, and no person shall be for the same offence twice put in jeopardy of life or limb ; nor shall any man's property be taken or applied to public use without the consent of his representatives, and without com- pensation being made. § 9. All courts shall be open : and every man for an injury done him in his reputation, person, movable or immovable possessions, shall have remedy by the due course of law, and justice administered according to the very right of the cause and the law of the land, without sale, denial, or unreasonable delay or expense ; and every action shall be tried in the county in which it shall be commenced, unless when the judges of the court in which the cause is to be tried, shall determine that an impartial trial therefor cannot be had in that county. Suits may be brought against the state, according to such regulations as shall be made by law. § 10. No power of suspending laws shall be exercised, but by au- thority of the legislature. § 11. Excessive bail shall not be required, nor excessive fines im- posed, nor cruel punishments inflicted : and in the construction of jails, a proper regard shall be had to the health of prisoners. § 12. All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is positive or the presumption great • and when persons are confined on accusation for such offences, their friends and counsel may at proper seasons have access to them. § 13. The privilege of the writ of habeas corpus shall not be stis- 142 CONSTITUTION OF pended, unless when, in cases of rebellion or invasion, the public safety may require it. § 14. No commission of oyer and terminer or jail delivery shall be issued. § 15. No attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate. The estates of those who destroy their own lives shall descend or vest as in case of natural death ; and if any person be killed by accident, no forfeiture shall be thereby incurred. § 16. Although disobedience to laws by a part of the people, upon suggestions of impolicy or injustice in them, tends by immediate effect and the influence of example, not only to endanger the public welfare and safety, but also in governments of a republican form, contravenes the social principles of such governments founded on common consent for common good ; yet the citizens have a right in an orderly manner to meet together, and to apply to persons intrusted with the powers of government, for redress of grievances or other proper purposes, by peti- tion, remonstrance, or address. 4 1 7. 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 *he civil power. § 18. No soldier shail in time of peace be quartered in any house without the consent of the owner ; nor in time of war, but by a civil magistrate, in a manner to be prescribed by law. § 19. No hereditary distinction shall be granted, nor any oflRce cre- ated or exercised, the appointment, to which shall be for a longer term than during good beiiaviour ; a.^d no person holding any office under this Slate shall accept of any office or title of any kind whatever, from any king, prince, or foreign n^ate. We declare, that every thing in this article is reserved out of the general powers of government hereinafter mentioned. AXTICtE 2 § 1. The legislative power of this state shall he vested in a general assembly, which shall consist of a senate and house of representatives. § 2. The representatives shall be chosen [for two years] by the citi- zens residing in the several counties. No person shall be a representative who shall not have attained the age of twenty-four years, and have been a citizen and inhabitant of the state three years next preceding the first meeting of the legislature after his election, and the last year of that term an inhabitant of the county in which he shall be chosen, unless he shall have been absent on the public business of the United States, or of this state. There shall be seven representatives chosen in each county, until a greater number of representatives shall by the general assembly be judged necessary ; and then, two-thirds of each branch of the legislature con- curring, they may by law make provision for increasing their number. § 3. The senators shall be chosen for [four] years by the citizens re- siding in the several counties. No person shall be a senator who shall not have attained to the age of twenty-seven years, and have in the county in which he shall be DELAWARE. 143 chosen, a freehold estate in two hundred acres of land, or an estate in real or personal property, or in either, of the value of one thousand pounds at least, and have been a citizen and inhabitant of the state three years next preceding the first meeting of the legislature after his elec- tion, and the last year of that terra an inhabitant of the county in which he shall be chosen, unless he shall have been absent on the public busi- ness of the United States or of this state. There shall be thiee senators chosen in each county. When a greater number of senators shall by the general assembly be judged necessary, tv^^o-thirds of each branch concunring, they may by law make provision for increasing their number ; but the number of senators shall never be greater than one-half, nor less than one-third of the number of repre- sentatives. [If the office of representative, or the office of senator, become vacant before the regular expiration of the terra thereof, a representative or a senator shall be elected to fill such vacancy, and shall hold the office for the residue of said term. When there is a vacancy in either house of the general assembly, and the general assembly is not in session, the governor shall have power to issue a writ of election to fill such vacancy ; which writ shall be executed as a writ issued by a speaker of either house in case of vacancy.] § 4. The general assembly shall meet on the first Tuesday of Janu- ary, biennially, unless sooner convened by the governor. [The first meeting of the general assembly, under this amended con- stitution, shall be on the first Tuesday of January, in the year of our Lord, one thousand eight hundred and thirty -three, which shall be the commencement of the biennial sessions.] § 5. Each house shall choose its speaker and other officers ; and also each house, whose speaker shall exercise the office of governor, may choose a speaker pro tempore. § 6. Each house shall judge of the elections, returns, and qualifica- tions of its own members ; and a majority of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and shall be authorized to compel the attendance of absective numbers, which shall be determined by adding to the whole number of free |>ersons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons ; and each county shall have at least one member in the house of commons, although it may not contain the requisite ratio of popula- tion. 3. This apportionment shall be made by the general assembly, at the respective times and periods when the districts for the senate are herein- before directed to be laid off; and the said apportionment shall be made according to an enumeration to be ordered by the general assembly, or according to the census which may be taken by order of congress, next preceding the making such apportionment. 4. In making the apportionment in the house of commons, the ratio of representation shall be ascertained by dividing the amount of federal population in the state, after deducting that comprehended within those counties which do not severally contain the one hundred and twentieth part of the entire federal population aforesaid, by the number of represen- tatives less than the number assigned to the said counties. To each county containing the said ratio, and not twice the said ratio, there shall be assigned one representative; to each county containing twice, but not three times the said ratio, there shall be assigned two representatives, and so on progressively ; and then the remaining representatives shall be assigned severally to- the counties having the largest fractions. - NORTH CAROLINA. 199 Section 3, § 1. Until the first session of the general assembly, which shall be had after the year eighteen hundred and forty-one, the senate shall be composed of members to be elected from tbe several districts hereinafter named, thai is to say, the first district shall consist of the counties of Perquimons and Pasquotank; the 2d district, of Camden and Currituck ; the 3d district, Gates and Chowan ; the 4th district, Washington and Tyrrell ; the 5th district, Northampton ; the 6th district, Hertford ; the 7th district, Bertie; the 8th district, Martin; the 9th district, Halifax; the 10th district, Nash; the 11th district. Wake; the 12th district, Franklin; the 13th district, Johnston; the 14th district, Warren; the 15th district, Edgecomb; the 16th district, Wayne; the 17th district, Green and Lenoir; the 18th district, Pitt; the 19th district, Beaufort and Hyde; the 20th district, Carteret and Jones; the 21st district, Craven; the 22d district, Chatham; the 23d district, Granville; the 24th district. Person ; the 25th district, Cumberland ; the 26th district, Sampson ; the 27th district, New-Hanover ; the 2Sth district, Duplin ; the 29th district, Onslow ; the 30th district, Brunswick, Bladen, and Colum- bus ; the 3 1st district, Robeson and Richmond ; the 32d district, Anson ; the 33d district, Cabarrus ; the 34th district, Moore and Montgomery ; the o5th district, Caswell ; the 36th district, Rockingham ; the 37th district, Orange ; the 38th district, Randolph ; the 39th district, Guilford ; the 40th district, Stokes; the 41st district. Rowan; the 42nd district, Davidson ; the 43d district, Surry ; the 44th district, Wilkes and Ashe ; the 45th district, Burke and Yancy ; the 46th district, Lincoln ; the 47th district, Iredell ; the 48th district, Rutherford ; the 49th district, Bun- combe, Haywood and Macon ; the 50th district, Mecklenburg : — each district to be entitled to one senator. 2. Until the first session of the general assembly after the year eighteen hundred and forty-one, the house of commons shall be composed of members elected from the counties in the following manner, viz. : The counties of Lincoln and Orange shall elect four members each. The counties of Burke, Chatham, Granville, Guilford, Halifax, Iredell, Mecklenburg, Rowan, Rutherford, Surry, Stokes, and Wake shall elect three members each. The counties of Anson, Beaufort, Bertie, Buncombe, Cumberland, Craven, Caswell, Davidson, Duplin, Edgecomb, Franklin, Johnston, Montgomery, New-Hanover, North- ampton, Person, Pitt, Randolph, Robeson, Richmond, Rockingham, Sampson, Warren, Wayne, and Wilkes shall elect two members each. The counties of Ashe, Bladen, Brunswick, Camden, Columbus, Chowan, Currituck, Carteret, Cabarrus, Gates, Greene, Haywood, Hertford, Hyde, Jones, Lenoir, Macon, Moore, Martin, Nash, Onslow, Pasquotank, Perquimons, Tyrrell, Washington, and Yancy shall elect one member each. Section 3. § 1. Each member of the senate shall have usually resided in the district for which he is chosen for one year immediately preceding his election, and for the same time shall have possessed and continue to possess in the district which he represents, not less than three hundred cres of land in fee. 200 CONSTITUTION OF 2. All free men of the age of twenty-one years, (except as is herein- after declared,) who have been inhabitants of any one district witlxin the state twelve months immediately preceding the day of any election, and possessed of a freehold within the same district of fifty acres of land, for six months next before and at the day of election, shall be entitled to vote for a member of the senate. 3. No free negro, free mulatto, or free person of mixed blood, de- scended from negro ancestors to the fourth generation inclusive, (thoiigh one ancestor of each generation may have been a white person,) shall vote for members of the senate or house of commons. Section 4. § 1. In the election of all officers, whose appointment is conferred on the general assembly by the constitution, the vote shall be viva voce. 2. The general assembly shall have power to pass laws regulating the mode of appointing and removing militia officers. 3. The general assembly shall have power to pass general laws regulating divorce and alimony, but shall not have power to grant a divorce or secure alimony in any individual case. 4. The general assembly shall not have power to pass any private law to alter the name of any person, or to legitimate any persons not born in lawful wedlock, or to restore to the rights of citizenship any person convicted of an infamous crime ; but shall have power to pass general laws regulating the same. 5. The general assembly shall not pass any private law, unless it shall be made to appear that thirty days notice of application to pass such law shall have been given, under such directions and in such manner as shall be provided by law. 6. If vacancies shall occur by death, resignation or otherwise, before the meeting of the general assembly, writs may be issued by the governor, under such regulations as may be prescribed by law. 7. The general assembly shall meet biennially, and at each biennial session shall elect, by joint vote of the two houses, a secretary of state, treasurer and council of state, who shall continue in office for the terra of two years. ARTICLE 2. § 1. The governor shall be chosen by the qualified voters for the members of the house of commons, at such time and places as members of the general assembly are elected. 2. He shall hold his office for the term of two years from the time of his installation, and until another shall be elected and qualified ; but he shall not be eligible more than four years in any term of six years. 3. The returns of every election for governor shall be j^ealed up and transmitted to the seat of government, by the returning officers, directed to the speaker of the senate, who shall open and publish them in the presence of a majority of the members of both houses of the general assembly. The person having the highest number of votes shall be governor ; but if two or more shall be equal and highest in votes, one of them shall be chosen governor by joint vote of both houses of ^Jie general assembly. NORTH CAROLINA. 201 4. Contested elections for governor shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law. 5. The governor elect shall enter on the duties of the office on the first day of January next after his election, having previously taken the oatlis of office in the presence of the members of both branches of the general assembly, or before the chief-justice of the supreme court, who, in case the governor elect should be prevented from attendance before the general assembly, by sickness or other unavoidable cause, is autho- rized to administer the same. ^ ARTICLE 3. Section 1. ^ 1. The governor, judges of the supreme court, and judges of the superior courts, and all other officers of this state, (except justices of the peace and militia officers,) may be impeached for wilfully violating any article of the constitution, mal-administration, or corruption. 2. Judgment, in cases of impeachment, shall not extend further than to remove from office and disqualification to hold and enjoy any office of honour, trust, or profit under this state ; but the party convicted may nevertheless be liable to indictment, trial, judgment, and punish- ment, according to law. 3. The house of commons shall have the sole power of impeachment The senate shall have the sole power to try all impeachments. No person shall be convicted upon any impeachment, unless two-thirds of the senators present shall concur in such conviction ; and before the trial of any impeachment, the members of the senate shall take an oath or affirmation truly and impartially to try and determine the charge in question, according to evidence. Section 2. § 1. Any judge of the supreme court, or of the superior courts, may be removed from office for mental or physical inabihty, upon a concurrent resolution of two-thirds of both branches of the general assembly. The judge, against whom the legislature may be about to proceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either branch of the general assembly shall act thereon. The salaries of the judges of the supreme court, or of the superior courts, shall not be diminished during their continuance in office. Section 3. Upon the conviction of any justice of the peace of any infamous crime, or of corruption or mal-practice in office, the commission of such justice shall be thereby vacated, and he shall be for ever disquahfied from holding such appointment. 202 CONSTITUTION OF "* Section 4. The general assembly, at its first session after the year one thousand eight hundred and thirty-nine, and from time to time thereafter, shall appoint an attorney-general, who shall be commissioned by the go- vernor, and shall hold his office for the term of four years ; but if the general assembly should hereafter extend the term during which solici- tors of the state shall hold their offices, then they shall have power to extend the term of office of the attorney-general to the same period. ARTICLE 4. Section 1. . § 1. No convention of the people shall be called by the general assembly, unless by the concurrence of two-thirds of all the members of each house of the general assembly. 2. No part of the constitution of this state shall be altered, unless a bill to alter the same shall have been read three times in each house of the general assembly, and agreed to by three-fifths of the whole number of members of each house respectively ; nor shall any alteration take place imtil the bill so agreed to shall have been published six months previous to a new election of members to the general assembly. If, after such publication, the alteration proposed by the preceding general assembly shall be agreed to in the first session thereafter, by two-thirds of the whole representation in each house of the general assembly, after the same shall have been read three times on three several days, in each house, then the said general assembly shall prescribe a mode by which the amendment or amendments may be submitted to the qualified voters of the house of commons throughout the state ; and if, upon comparing the votes given in the whole state, it shall appear that a majority of the voters have approved thereof, then, and not otherwise, the same shall become a part of the constitution. Section 2. The thirty-second section of the constitution shall be amended to read as follows : No person who shall deny the being of God, or the truth of the Christian religion, or the divine authority of the Old or New Testament, or who shall hold religious principles incompatible with the freedom or safety of the state, shall be capable of holding any office or place of trust or profit in the civil department within this state. Section 3. § 1. Capitation tax shall be equal throughout the state, upon all individuals subject to the same. 2. All free males over the age of twenty-one years, and under the age of forty-five years, and all slaves over the age of twelve years, and under the age of fifty years, shall be subject to capitation tax, and no other person shall be subject to such tax : Provided, that nothing herein con- tained shall prevent exemptions of taxable polls, as heretofore prescribed by law, in cases of bodily infirmity. NORTH CAROLINA 203 Section 4. No person who shall hold any office or place of trust or profit unde the United States, or any department thereof, or under this state, or any other state or government, shall hold or exercise any other office or place of trust or profit under the authority of this state, or be eligible to a seat in either house of the general assembly : Provided, that nothing herein contained shall extend to officers in the miUtia or justices of the peace. 204 CONSTITUTION OF CONSTITUTION OF SOUTH CAROLINA. We, the delegates of the people of the state of South Carolina, m general convertion met, do ordain and establish this constitution for its government. ARTICLE 1. § 1. The legislative authority of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives. 3. The house of representatives shall be composed of members chosen by ballot, every second year, by the citizens of this state, qualified as in this constitution is provided. 3. The several election districts in this state shall elect the following number of representatives, viz : Charleston, including St. Philip and St. Michael, . fifteen members. Christ Church, three do. St. John, Berkley, three do. St. Andrew, three do. St. George, Dorchester, three do. St. James, Goose Creek, three do. St. Thomas and St. Dennis, three do. St. Paul, three do. St. Bartholomew, three do. St. James, Santee, three do. St. John, Colleton, three do. St. Stephen, three do. St. Helena, three do. St. Luke, three do. Prince William, three do. St. Peter, three do. All Saints, (including its ancient boundaries,) . . . one do. Winyaw, (not including any part of All Saints,) three do. Kingston, (not including any part of All Saints,) two do. Williamsburgh, two do. Liberty, two do. Marlborough, two do. Chesterfield, two do. Darlington, two do. York, three do. Chester, two do. Fairfield, two do. Richland,. two dou Jjancaster, two do. Kershaw, two do. Claremont, two do. Clarendon, two do. SOUTH CAROLINA. 205 Abbeville, three members. Edgefield, three do. ' Newbury, (including the fork between Broad 7 thj-gfl ^o and Saluda rivers,) 5 Laurens, three do. Union, two do. Spartan, two do. Greenville, two do. Pendleton, three do. St. Matthew, two do. Orange, two do. Winton, (including the district between Savan- ') ^^^^ ^^ nah river, and the north fork of Edisto,) > Saxe Gotha, three do. 4. Every free white man, of the age of twenty-one years, being a citi- zen of this state, and having resided therein two years previous to the day of election, and who hath a freehold of fifty acres of land, or a town Jot, of which he hath been legally seized and possessed, at least six months before such election, or, not having such freehold or town lot, hath been a resident in the election district, in which he offers to give his vote, six months before the said election, and hath paid a tax the preceding year of three shillings sterling towards the support of this go- vernment, shall have a right to vote for a member or members, to serve in either branch of the legislature, for the election district in which ho holds such property, or is so resident. 5. The returning officer, or any other person present, entitled to vote, may require any person who shall offer his vote at an election, to pro- duce a certificate of his citizenship, and a receipt from the tax collector of his having paid a tax, entitling him to vote, or to swear, or affirm, that he is duly qualified to vote agreeably to this constitution. 6. No person shall be eligible to a seat in the house of representatives, unless he is a free white man, of the age of twenty- one years, and hath been a citizen and resident in this state three years previous to his elec- tion. If a resident in the election district, he shall not be eligible to a seat in the house of representatives, unless he be legally seized and pos- sessed, in his own right, of a settled freehold estate of five hundred acres of land, and ten negroes ; or of a real estate, of the value of one hun- dred and fifty pounds sterling, clear of debt. If a non-resident, he shall be legally seized and possessed of a settled freehold estate therein, of the value of five hundred pounds sterling, clear of debt. 7. The senate shall be composed of members to be chosen for four years, in the following proportions, by the citizens of this state, qualified to elect members to the house of representatives, at the same time, in the same manner, and at the same places, where they shall vote for repre- sentatives, viz. Charleston, (including St. Philip and St. Michael,) two members. Christ church, one do. St. John, Berkley, one do. St. Andrew, one do. St George one do. S 206 CONSTITUTION OP St. James, Goose Creek, , one membe? St. Thomas and St. Dennis, one do. St. Paul, ....,,......., one do. St. Bartholomew, , . . . , one do. St. James, Santee, one do. St. John, Colleton, one do. St. Stephens, r r one do. St. Helena, one do. St. Luke,. .....0..,...^. ...,.,. ,..»,.,» , one do. Prince William, .^ . one do. St. Peter, one do.^ All Saints, , one do Winy aw and Williamsburgh, one do. Liberty and Kingston,. . . one do. Marlborough, Chesterfield, and Darlington, two do. York, , one do^ Fairfield, Richland, and Chester, one do.- Lancaster and Kershaw, ......................... one do. Claremount and Clarendon, one do. Abbeville, one do. Edgefield, one do. Newbury, (including the fork between Broad and > , Saluda rivers,)... 5 «"^ ♦^°' Laurens, one do. Union, one do. Spartan, one do. Greenville, one do. Pendleton, one do. St. Matthew and Orange, one do. Winton, (including the district between Savannah > , river and the north fork of Edisto,) 5 ^"^ * Saxe Gotha, one do, 8. No person shall be eligible to a seat in the senate, unless he is ai free white man, of the age of thirty years, and hath been a citizen and^ resident in this state five years previous to his election. If a resident in the election district, he shall not be eligible unless he be legally seized and possessed, in his own right, of a settled freehold estate of the value of three hundred pounds sterling, clear of debt. If a non-resident in the election district, he shall not be eligible unless he be legally seized and possessed, in his own right, of a settled freehold estate, in the said dis- 1 trict, of the value of one thousand pounds sterling, clear of debt. 9. Immediately after the senators shall be assembled, in consequent of the first election, they shall be divided by lot into two classes. Tl seats of the senators of the first class shall be vacated at the expiration* of the second year, and of the second class, at the end of the fourth year so that one half thereof, as near as possible, may be chosen, for even thereafter, every second year, for the term of four years. 10. Senators and members of the house of representatives, shall bii chosen on the second Monday in October next, and the day following and on the same days in every second year thereafter, in such manner and at such times, as are herein directed ; and shall meet on the fourtll Lilt; md I lis- SOUTH CAROLINA. 207 Monday in November annually, at Columbia, (which shall remain the seat of government until otherwise determined, by the concurrence of two-thirds of both branches of the whole representation,) unless the casu- alties of war, or contagious disorders should render it unsafe to meet there ; in either of which cases, the governor or commander-in-chief for the time being may, by proclamation, appoint a more secure and con- venient place of meeting. 11. Each house shall judge of the elections, returns, and qualifications of its own members ; and a majority of each house shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as may be provided by law. 12. Each house shall choose by ballot its own officers, determine its rules of proceeding, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause. 13. Each house may punish, by imprisonment, during sitting, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behaviour in its presence — or who, dur- ing the time of its sitting, shall threaten harm to body or estate of any member, for any thing said or done in either house ; or who shall assault any of them therefor ; or who shall assault or arrest any witness or other person ordered to attend the house, in his going to or returning there- from ; or who shall rescue any person arrested by order of the house. 14. The members of both houses shall be protected in their persons and estates, during their attendance on, going to, and returning from the legislature, and ten days previous to their sitting, and ten days after the adjournment of the legislature. But these privileges shall not be ex- tended so as to protect any member who shall be charged with treason, felony, or breach of the peace. 15. Bills for raising a revenue shall originate in the house of repre- sentatives, but may be altered, amended, or rejected by the senate. All other bills may originate in either house, and may be amended, altered, or rejected by the other. 1 6. No bill or ordinance shall have the force of law, until it shall have been read three times, and on three several days, in each house, has had the great seal affixed to it, and has been signed, in the senate-house, by the president of the senate and speaker of the house of representatives. 17. No money shall be drawn out of the public treasury, but by the legislative authority of the state. 18. The members of the legislature, who shall assemble under this constitution, shall be entitled to receive out of the public treasury, as a compensation for their expenses, a sum not exceeding seven shillings sterUng a day, during their attendance on, going to, and returning from the legislature : but the same may be increased or diminished by law, if circumstances shall require ; but no alterations shall be made by any legislature, to take effect during the existence of the legislature which shall make such alteration. 19. Neither house shall, during their session, without the consent of the other, adjourn for more than three days, nor to any other place than tliat m which the two houses shall be sitting. 20. No bill or ordinance, which shall have been rejected by either 208 CONSTITUTION OF house, shall be brought in again during the sitting, without leave of the house, and notice of six days being previously given. 21. No person shall be eligible to a seat in the legislature whilst he holds any office of profit or trust under this state, the United States, or either of them, or under any other power — except officers in the militia, army, or navy of this state, justices of the peace, or justices of the county courts, while they receive no salaries ; nor shall any contractor of the army or navy of this state, the United States, or either of them, or the agents of such contractor, be eligible to a seat in either house. And if any member shall accept or exercise any of the said disqualifying offices- he shall vacate his seat. 22. If any election district shall neglect to choose a member or mem- bers, on the days of election, or if any person chosen a member of either house shall refuse to qualify and take his seat, or should die, depart the state, or accept any disqualifying office, a vmt of election shall be issued by the president of the senate, or speaker of the house of representatives, as the case may be, for the purpose of filling up the vacancy thereby oc- casioned, for the remainder of the term for which the person so refusing to qualify, dying, departing the state, or accepting a disqualifying office, was elected to serve. 23. And whereas the ministers of the gospel are, by their profession, dedicateld to the service of God, and the care of souls, and ought not to be diverted from the great duty of their functions : therefore, no minis- ter of the gospel, or public preacher, of any religious persuasion, whilst he continues in the exercise of his pastoral functions, shall be eligible to the office of governor, lieutenant-governor, or a seat in the senate or house of representatives. AnXICLB 2. § 1. The executive authority of this state shall be invested in a gover- nor, to be chosen in manner following : as soon as may be, after the first meeting of the senate and house of representatives, and at every first meeting of the house of representatives thereafter, when a majority of both houses shall be present, the senate and house of representatives shall, jointly, in the house of representatives, choose, by ballot, a gover- nor, to continue for two years, and until a new election shall be made. 2. No person shall be eligible to the office of governor, unless he hath attained the age of thirty years, and hath resided within this state, and been a citizen thereof, ten years, and unless he be seized and possessed of a settled estate within the same, in his own right, of the value of fif- teen hundred pounds sterling, clear of debt. No person, having served two years as governor, shall be re-eligible to hat office, till after the expiration of four years. No person shall hold the office of governor, or any other office or commission, civil or military, except in the militia, either in this state or under any state, or the United States, or in any other power, at one and the same time. 3. A lieutenant-governor shall be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the governor. 4. A member of the senate or house of representatives, being chosen, and SOUTH CAROLINA. 209 acting as governor or lieutenant-governor, shall vacate his seat, and an- other person shall be elected in his stead. 5. In case of the impeachment of the governor, or his removal from office, death, resignation, or absence from the state, the lieutenant-gover- nor shall succeed to his office. And in case of the impeachment of the lieutenant-governor, or his removal from office, death, resignation, or ab- sence from the state, the president of the senate shall succeed to his offi-ce, till a nomination to those offices respectively shall be made by tlio senate and house of representatives, for the remainder of the time for which the officer so impeached, removed from office, dying, resigning, or being absent, was elected. 6. The governor shall be commander-in-chief oi the army and navy of this state, and of the militia, except when they shall be called into the actual service of the United States. 7. He shall have power to grant reprieves and pardons, after convic- tion, except in cases of impeachment, in such manner, on such terms, and under restrictions, as he shall think proper, and he shall have power to remit fines and forfeitures, unless otherwise directed by law. 8. He shall take care that the laws be faithfully executed in mercy. 9. He shall have power to prohibit the exportation of provision, for any time not exceeding thirty days. 10. He shall, at stated times, receive for his services a compensation, which shall neither be increased or diminished during the period for which he shall have been elected. 11. All officers in the executive department, when required by the governor, shall give him information, in writing, upon any subject re- lating to the duties of their respective offices. 12. The governor shall, from time to time, give to the general assem- bly information of the condition of the state, and recommend to their consideration such measures as he shall judge necessary or expedient. 13. He may, on extraordinary occasions, convene the general assem- bly, and, in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the fourth Monday in the month of November then ensuing. ARTICLE 3. § 1. The judicial power shall be vested in such superior and inferior courts of law and equity, as the legislature shall, from time to time, direct and establish. The judges of each shall hold their commissions during good beha- vionr; and judges of the superior courts shall, at stated times, receive a compensation for their services, which shall neither be increased or di- minished during their continuance in office : but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust, under this state, the United States, or any other power. 2. The style of all processes shall be, " the state of South CaroUna.^^ All prosecutions shall be carried on in the name and by the authority of the state of South Carolina, and conclude — " against the peace and dignity of the sajne" s2 210 CONSTITUTIONOF auticle 4. All persons who shall be chosen or appointed to any office of profit or trust, before entering on the execution thereof, shall take the following oath : *•' I do swear (or affirm) that I am duly qualified, according to the constitution of this state, to exercise the office to which I have been ap pointed, and will, to the best of my abilities, discharge the duties there- of, and preserve, protect, and defend the constitution of this state, and of he United States." ARTICLE 5. § 1. That the house of representatives shall have the sole power of impeaching ; but no impeachment shall be made, unless with the con- currence of two-thirds of the house of representatives. 2. All impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be on oath or affirmation : and no per- son shall be convicted without the concurrence of two-thirds of the mem- bers present. 3. The governor, lieutenant-governor, and all the civil officers, shall De liable to impeachment for any misdemeanour in office ; but judgment in such cases shall not extend further than to a removal from office, and disqualification to hold any office of honour, trust, or profit, under this state. The party convicted shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law. AKTICLE 6. § 1. The judges of the superior courts, the commissioners of the treasury, secretary of the state, and surveyor-general, shall be elected by the joint ballot of both houses, in the house of representatives. The commissioners of the treasury, secretary of this state, and surveyor-gene- ral, shall hold their offices for four years : but shall not be eligible again for four years after the expiration of the time for which they shall have been elected. , 2. All other officers shall be appointed as they hitherto have been, until otherwise directed by law ; but sheriffs shall hold their offices for four years, and not be again eligible for four years after the term for which they shall have been elected. 3. All commissions shall be in the name and by the authority of the state of South Carolina, and be sealed with the seal of the state, and be signed by the governor. ARTICLE 7. All laws in force in this state at the passing of this constitution, shall so continue until altered or repealed by the legislature ; except where they are temporary, in which case they shall expire at the times respec- tively limited for their duration, if not continued by act of the legis- lature. ARTICLE 8. § 1. The free exercise and enjoyment of religious profession and wor- ship, without discrimination or preference, shall, for ever hereafter, be SOUTH CAROLINA. 211 allowed within this state to all mankind : Provided, that the liberty of conscience thereby declared, shall not be so construed as to excuse acta of licentiousness, or justify practices inconsistent with the peace or safety of this state. 2. The rights, privileges, immunities, and estates of both civil and re- ligious societies and of corporated bodies, shall remain as if the constitu- tion of this state had not been altered or amended. ARTICLE 9. § 1. All power is originally vested in the people ; and all free govern- ments are founded on their authority, and are instituted for their peace, safety, and happiness. 2. No freeman of this state shall be taken, or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or by the law of the land : nor shall any bill of at- tainder, ex post facto law, or law impairing the obligation of contracts, ever be passed by the legislature of this state. 3. The military shall be subordinate to the civil power. 4. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. 5. The legislature shall not grant any title of nobility or hereditary distinction, nor create any othce, the appointment to which shall be for any longer time tlian during good behaviour. 6. The trial by jury, as heretofore used in this state, and the liberty of the press, shall be for ever inviolably preserved. ARTICLE 10. § 1. The business of the treasury shall be in future conducted by two treasurers, one of whom shall hold his office and reside in Columbia ; and the other shall hold his office and reside in Charleston. 2. The secretary of state and surveyor-general shall hold their offices both in Columbia and in Charleston. They shall reside at one place, and their deputies at the other. 3. At the conclusion of the circuits, the judges shall meet and sit at Columbia, for the purpose of hearing and determining all motions which may be made for new trials, and in arrest of judgments, and such points of law as may be submitted to them. From Columbia they shall pro- ceed to Charleston, and there hear and determine all such motions for new trials, and in arrest of judgment, and such points of law as may be submitted to them. 4. The governor shall always preside, during the sitting of the legis- lature, f.t the place where their sessions may be held, and at all other times, wherever, in his opinion, the public good may require. 5. The legislature shall, as soon as may be convenient, pass laws for the abolition of the rights of primogenitures, and for giving an equita- ble distribution of the real estate of intestates. ARTICLE 11. No convention of the people shall be called, unless by the concur- rence of two-thirds of both branches of the whole representation. 212 CONSTITUTION OF No part of this constitution shall be altered, unless a bill to alter the same shall have been read three times in the house of representatives, and three times in the senate, and agreed to by two-thirds of both branches of the whole representation ; neither shall any alteration take place until the bill so agreed to be published three months previous to a new election for members to the house of representatives ; and if the alteration proposed by the legislature shall be agreed to in their first session by two-thirds of the whole representation in both branches of the legislature, after the same shall have been read three times, on three several days in each house, then, and not otherwise, the same shall be- come a part of the constitution. Done in convention, at Columbia, in the state of South Carolina, the third day of June, in the year of our Lord 1790, and in the fourteenth year of the Independence of the United States of America. By the unanimous order of the convention, CHARLES PINCKNEY, President, AMENDMENTS. A Bill to alter the fourth section of the first article of the Constitu- tion of the state of South Carolina. Be it enacted by the honourable the senate and house of representa- tives, now met and sitting in general assembly, and by the authority of the same. That the fourth section of the first article of the constitution of this state be altered and amended, to read as follows : Every free white man of the age of twenty-one years, paupers and non-commis- sioned officers and private soldiers of the army of the United States excepted, being a citizen of this state, and having resided therein two years previous to the day of election, and who hath a freehold of fifty acres of land, or a town lot, of which he hath been legally seized and possessed at least six months before such election, or not having such freehold or town lot, hath been a resident in the election district in which he offers to give his vote six months before the said election, shall have a right to vote for a member or members to serve in either branch of the legislature, for the election district in which he holds such property, or is so resident. AMEJTDMEJfTS BATIFIED DECEMBER 17, 1808. The following sections, in amendment of the third, seventh, and ninth sections of the first article of the constitution of this state, shall be, and they are hereby declared to be, valid parts of the said constitution ; and the said third, seventh, and ninth sections, or such parts thereof as are repugnant to such amendments, are hereby repealed and made void. The house of representatives shall consist of one hundred and twenty four members, to be apportioned among the several election districts of the state, according to the number of white inhabitants contained, and SOUTH CAROLINA. 213 the amount of all taxes raised by the legislature, whether direct or indi- rect, or of whatever species, paid in each, deducting therefrom all taxes paid on account of property held in any other district, and adding thereto all taxes elsewhere paid on account of property held in such district. An enumeration of the white inhabitants, for this purpose, shall be made in the year one thousand eight hundred and nine, and in the course of every tenth year thereafter, in such manner as shall be by law directed ; and representatives shall be assigned to the different districts in the above- mentioned proportion, by act of the legislature, at the session immedi- ately succeeding the above enumeration. If the enumeration herein directed should not be made in the course of the year appointed for the purpose by these amendments, it shall be the duty of the governor to have it effected as soon thereafter as shall be practicable. In assigning representatives to the several districts of the state, the legislature shall allow one representative for every sixty-second part of the whole number of white inhabitants in the state ; and one representa- tive also for every sixty-second part of the whole taxes raised by the legislature of the state. The legislature shall further allow one repre- sentative for such fractions of the sixty-second part of the white in- habitants of the state, and of the sixty-second part of the taxes raised by the legislature of the state, as, when added together, form a unit. In every apportionment of representation under these amendments, which shall take place after the first apportionment, the amount of taxes shall be estimated from the average of the ten preceding years ; but the first apportionment shall be founded upon the tax of the preceding year, excluding from the amount thereof the whole produce of the tax on sales at public auction. If, in the apportionment of representatives under these amendments, any election district shall appear not to be entitled, from its population and its taxes, to a representative, such election district shall, neverthe- less, send one representative ; and, if there should be still a deficiency of the number of representatives required by these amendments, such deficiency shall be supplied by assigning representatives to those election districts having the largest surplus flections ; whether those fractions consist of a combination of population and of taxes, or of population or of taxes separately, until the number of one hundred and twenty- four members be provided. No apportionment, under these amendments shall be construed to take effect, in any manner, until the general election which shall succeed such apportionment. The election districts, for members of the house of representatives, shall be and remain as heretofore established, except Saxe Gotha and Newberry ; in which the boundaries shall be altered, as follows, viz : That part of Lexington in the fork of Broad and Saluda rivers, shall no longer compose a part of the election district of Newberry, but shall, be henceforth attached to, and form a part of, Saxe Gotha. And, also, except Orange and Barnwell, or Winton, in which the boundaries shall be altered, as follows, viz : That part of Orange in the fork of Edisto shall no longer compose a part of the election district 61- Barnwell, or Winton, but shall be henceforth attached to, and form a part of, Orange election district. 214 CONSTITUTION 0^ The senate shall be composed of one member from each election dis« trict, as now established for the election of members of the house of representatives, except the district formed by the parishes of St. Philip and St. Michael, to which shall be allowed two senators, as heretofore. The seats of those senators who under the constitution shall represent two or more election districts, on ihe day preceding the second Monday of October, which will be in the year one thousand eight hundred and ten, shall be vacated on that day, and the new senators who shall repre- sent such districts under these amendments, shall, immediately after they shall have been assembled under the first election, be divided by lots into two classes ; the seats of the senators of the first class shall be va- cated at the expiration of the second year, and of the second class, at the expiration of the fourth year ; and the number in these classes shall be so proportioned, that one-half of the whole number of senators may, as nearly as possible, continue to be chosen thereafter every second year. None of these amendments becoming parts of the constitution of this state shall be altered, unless a bill to alter the same shall have been read on three several days in the house of representatives, and on three several days in the senate, and agreed to at the second and third reading by two-thirds of the whole representation in each branch of the legislature ; neither shall any alteration take place, until the bill so agreed to be published three months previous to a new election for members to the house of representatives ; and if the alteration proposed by the legisla- ture shall be agreed to in their first session, by two-thirds of the whole representation, in each branch of the legislature, after the same shall have been read on three several days in each house, then, and not other- wise, the same shall become a part of the constitution. AMENDMENT HATIFIED DECEMBER 19, 1816. That the third section of the tenth article of the constitution of this state be altered and amended to read as follows : The judges shall, at such times and places as shall be prescribed by act of the legislature of this state, meet and sit for the purpose of hearing and determining all motions which may be made for new trials, and in arrest of judgment, and such points of law as may be submitted to them. CONSTITUTION OF GEORGIA. The Constitution of the State of Georgia, as revised, amended, and compiled, by the convention of the State, at Louisville, on the 30f/» day of May, 1798. ARTICLE 1. § 1. The legislative., executive, and judiciary departments of govern nient shall be distinct, and each department shall be confided to a sepa- rate body of ilkgistracy ; and no person or collection of persons, being of one of those departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted. GEORGIA. 213 4 2. The legislative power shall be vested in two separate anS dis- tinct branches, to wit : a senate and house of representatives, to be styled " the General AssemhlijJ^ § 3. The senate shall be elected annually, on the first Monday in November, until such day of election be altered by law ; and shall be composed of one member from each county, to be chosen by the electors thereof. § 4. No person shall be a senator who shall not have attained to the age of twenty-five years ; and have been nine years a citizen of the Uni- ted States, and three years an inhabitant of this state, and shall have usually resided within the county for which he shall be returned, at least one year immediately preceding his election, (except persons who may have been absent on public business of this state or of the United States,) and is, and shall have been possessed, in his own right, of a settled free- hold estate of the value of five hundred dollars, or of taxable property to the amount of one thousand dollars, within the county, or for one year preceding his election ; and whose estate shall, on a reasonable estimation, be fully competent to the discharge of his just debts, over and above that sum. § 5. The senate shall elect, by ballot, a president out of their own body. § 6. The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation : and no person shall be convicted without the concurrence of two-thirds of the members present : — Judgment in cases of impeachment shall not ex- tend further than removal from office and disqualification to hold and enjoy any office of honour, trust, or profit, within this state ; but the party convicted shall, nevertheless, be subject to indictment, trial, judgment, and punishment, according to law. § 7. The house of representatives shall be composed of members from all the counties which now are, or hereafter may be, included within this state, according to their respective numbers of free white persons, and including three-fifths of all the people of colour. The actual enumeration shall be made within two years, and within every subsequent term of seven years thereafter, at such time and in such manner as this convention may direct. Each county containing three thousand persons, agreeably to the foregoing plan of enumeration, shall be entitled to two members ; seven thousand to three members ; and twelve thousand to four members ; but each county shall have at least one, and not more than four members ; the representatives shall be chosen annually, on the first Monday in November, until such day of election be altered by law. Until the aforesaid enumeration shall be made, the several counties shall be entitled to the following number of representatives, respectively : Camden two ; Glynn two ; Liberty three ; M'Intosh two ; Bryan one ; Chatham four ; Effingham two ; Scriven two ; Montgomery two ; Burke three ; Bullock one ; Jeflferson three j Lincoln two; Elbert three; Jackson two; Richmond three; Wilkes four; Columbia three; Warren three; Washington three; Hancock four ; Greene three ; Oglethorpe three ; and Franklin two. § 8. No person shall be a representative who shall not have attained to the age of twenty-one years, and have been seven years a citizen of the United States, three years an inhabitant of this state, and have usually 216 CONSTITUTION OF resided in the county in which he shall be chosen, one year immediately preceding his election, (unless he shall have been absent on public busi- ness of this state or of the United States,) and shall be possessed in his own right of a settled freehold estate of the value of two hundred and fifty dollars, or of taxable property to the amount of five hundred dollars within the county, for one year preceding his election ; and whose estate shall, on a reasonable estimation, be competent to the discharge of his just debts, over and above that sum. § 9. The house of representatives shall choose their speaker and other officers. § 10. They shall have solely the power to impeach all persons who have been or may be in office. § II. No person holding any military commission or other appoint- ment, having any emolument or compensation annexed thereto, under this state or the tjnited States, or either of them, except justices of the inferior court, justices of the peace, and officers of the militia, nor any person who has had charge of public moneys belonging to the state, un- accounted for and unpaid, or who has not paid all legal taxes or con- tributions to the government required of him, shall have a seat in either branch of the general assembly ; nor shall any senator or representative be elected to any oflice or appointment by the legislature, having any emoluments or compensation annexed thereto, during the time for which ne shall have been elected, with the above exception, unless he shall de- cline accepting his seat, by notice to the executive within twenty days after he shall have been elected ; nor shall any member, after having taken his seat, be eligible to any of the aforesaid offices or appointments during the time for which he shall have been elected. § 12. The meeting of the general assembly shall be annually, on the second Tuesday in January, until such day of meeting be altered by law : a majority of each branch shall be authorized to proceed to busi- ness ; but a smaller number may adjourn from day to day, and compel the attendance of their members in such manner as each house may pre- scribe. § 13. Each house shall be the judges of the elections, returns, and qualifications of its own members ; with powers to expel or punish, by censuring, fining, and imprisoning, or either, for disorderly behaviour ; and may expel any person convicted of any felonious or infamous of- fence ; each house may punish by imprisonment, during session, any person not a member, who shall be guilty of disrespect by any disorderly or contemptuous behaviour in its presence, or who, during session, shall threaten harm to the body or estate of any member, for any thing said or done in either house, or who shall assault any of them therefor ; or who shall assault or arrest any witness in going to or returning from, or who shall rescue any person arrested by order of either house. § 14. No senator or representative shall be Uable to be arrested during his attendance on the general assembly, or for ten days previous to its sitting, or for ten days after the rising thereof, except for treason, felony, or breach of the peace ; nor shall any member be liable to answer for any thing spoken in debate in either house, in any court or place elsewhere ; but shall nevertheless be bound to answer for perjury, bri- ^•T, or corruption. 15. Each house shall keep a journal of its proceedings, and publish GEORGIA. 217 them immediately after their adjournment ; and the 3-eas and na)^s of the members on any question shall, at the desire of any two members, be enteied on the journals. § 16. All bills for raising revenue or appropriating moneys, shall ori- ginate in the house of representatives ; but the senate shall propose or concur with amendments, as in other bills. § 17. Every bill shall be read three times and on three separate days, in each branch of the general assembly, before it shall pass, unless in cases of actual invasion or insurrection ; nor shall any law or ordinance pass, containing any matter different from what is expressed in the title thereof; and all acts shall be signed by the president in the senate, and speaker in the house of representatives : No bill or ordinance which shall have been rejected by eitlicr house, shall be brought in again du- ring the session, under the same or any other title, without the consent of two-thirds of each branch. § 18. Each senator and representative, before he be permitted to take his seat, shall take an oath, or make affirmation, that he hath not prac- tised any unlawful means, either directly or indirectly, to procure his election; and every person shall be disqualified from serving as a sena- tor or representative, for the term for which he shall have been elected, who shall be convicted of having given or offered any bribe, or treat, or canvassed for such election ; and every candidate employing like means, and not elected, shall, on conviction, be ineligible to hold a seat in either house, or to hold any office of honour or profit for the term of one year, and to such other disabilities or penalties as may be prescribed by law. § 19. Every member of the senate and house of representatives shall, before he takes his seat, take the following oath or affirmation, to wit : " I, A. B., do solemnly swear (or affirm, as the case may be) that I have not obtained my election by bribery, treats, canvassing, or other undue or unlawful means, used by myself, or others by my desire or approba- tion, for that purpose ; that I consider myself constitutionally qualified as a senator or representative ; and that, on all questions and measures which may come before me, I will give my vote, and so conduct myself, as may, in my judgment, appear most conducive to the interest and prosperity of this state ; and that I will bear true faith and allegiance to the same ; and to the utmost of my power and ability observe, conform to, support, and defend the constitution thereof." § 20. No person who hath been or may be convicted of felony before any court of this state, or any of the United States, shall be eligible to any office or appointment of honour, profit, or trust, within this state. § 21. Neither house, during the session of the general assembly, shall, without the consent of the other, adjourn for more than three daj^s, nor to any other place than that at which the two branches shall be sitting ; and in case of disagreement between the senate and house of representa- tives, with respect to their adjournment, the governor may adjourn them. § 22. The general assembly shall have power to make all laws and ordinances which they shall deem necessary and proper for the goo« ' cf the state, which shall not be repugnant to this constitution. § 23, They shall have power to alter the boundaries of tLc ^."osent counties, and to lay off new ones, as well out of the counties already laid off, as out of the other territory belonging to the state : but the pro- perty of the soil, in a free government, being one of the esser.tial rights 218 CONSTITUTION OF «f a free people, it is necessary, in order to avoid disputes, that tlic limits of this state should be ascertained with precision and exactness ; and this convention, composed of the immediate representatives of the people, chosen by them to assert their rights, to revise the powers given by them to the government, and from whose will all ruling authority of right flows, doth assert and declare, the boundaries of this state shall be as follows, that is to say : the limits, boundaries, jurisdictions, and autho- rity of the state of Georgia, do, and did, and of right ought to, extend from the sea or mouth of the river Savannah, along the northern branch or stream thereof, to the fork or confluence of the rivers now called Tu- galo and Keowee, and from thence along the most northern branch or stream of the said river Tugalo, till it intersect the northern boundary line of South Carolina, if the said branch or stream of Tugalo extends so far north, reserving all the islands in the said river Savannah and Tu- galo to Georgia; but, if the head spring or source of any branch or stream of the said river Tugalo does not extend to the north boundary line of South Carolina, then a west line to the Mississippi, to be drawn from the head spring or source of the said branch or stream of Tugalo river, which extends to the highest northern latitude ; thence, down the middle of the said river Mississippi, until it shall intersect the northernmost part of the thirty-first degree of north latitude ; south, by a hne drawn due east, from the termination of the line last mentioned, in the latitude of thirty-one degrees north of the equator, to the middle of the river Apala- chicola, or Chatahoochee ; thence, along the middle thereof, to its junc- tion with Flint river ; thence straight to the head of St. Mary's river ; and thence, along the middle of St. Mary's river, to the Atlantic ocean, and from thence to the mouth or inlet of Savannah river, the place of beginning : including and comprehending all the lands and waters within the said limits, boundaries, and jurisdictional rights ; and also all the islands within twenty leagues of the sea coast. And this convention doth further declare and assert, that all the territory without the present temporary line, and within the limits aforesaid, is now, of right, the pro- perty of the free citizens of this state, and held by them in sovereignty, inaUenable but by their consent. Provided, nevertheless. That nothing herein contained shall be construed so as to prevent a sale to, or con- tract with the United States, by the legislature of this state, of and for all or any part of the western territory of this state, lying westward of the river Chatahoochee, on such terms as may be beneficial to both par ties ; and may procure an extension of settlement, and extinguishment of Indian claims, in and to the vacant territory of this state to the east and north of the said river Chatahoochee, to which territory, such power of contract or sale, by the legislature, shall not extend : And pro- vided also. The legislature may give its consent to the estabhshment of one or more governments westward thereof; but monopolies of land by individuals being contrary to the spirit of our free government, no sale of territory of this state, or any part thereof, shall take place to individuals or private companies, unless a county or counties shall have been first laid off, including such territory, and the Indian rights shall have beer extinguished thereto. § 24. The foregoing section of this article having declared the com- mon rights of the free citizens of this state, in and to all the territory without the present temporary boundary line, and within the limits oi GEORGIA. 219 this state thereby defined, by which tlie contemplated purchases of cer- tain companies of a considerable portion thereof are become constitu- tionally void ; and justice and good faith require, that the state should not detain a consideration for a contract which has failed ; the legisla- ture, at their next session, shall make provision by law for returning to any person or persons who has or have bona fide deposited mone3-s for such purchases in the treasury of this state ; Provided, that the same shall not have been drawn therefrom in terms of tlie act passed the thirteenth day of February, one thousand seven hundred and ninety-six, com- monly called the rescinding act, or the appropriation laws of the years one thousand seven hundred and ninety dix and one thousand seven hundred and ninety-seven ; nor shall the moneys paid for such purchases ever be deemed a part of the funds of this state, or be liable to appropriation as such ; but until such moneys be drawn from the treasury, they shall be considered altogether at the risk of the persons who have deposited the same. No money shall be drawn out of the treasury or from the public funds of this state, except by appropriation made by law ; and a regular statement and account of the receipts and expenditures of all public moneys shall be published from time to time. No vote, resolution, law, or order, shall pass the general assembly, grant- ing a donation or gratuity in favour of any person whatever, but by the concurrence of two-thirds of the general assembly. § 25. It shall be the duty of the justices of the inferior court, or any three of them, in each county respectively, within sixty days after the adjournment of this convention, to appoint one or more fit persons in each county, not exceeding one for each battalion district, whose duty it shall be to take a full and accurate census or enumeration of all free white persons and people of colour residing therein, distinguishing, in separate columns, the free white persons from persons of colour, and return the same to the clerks of the superior courts of the several counties, certified under their hands, on or before the first day of De- cember next ; the persons so appointed, being first severally sworn before the said justices, or either of them, duly and faithfully to perform the trust reposed in them ; and it shall be the duty of the said clerks to transmit all such returns, under seal, directed to the speaker of the house of representatives, at the first session of the legislature thereafter. And it shall be the duty of the general assembly, at their said first session, to apportion the members of the house of representatives among the several counties, agreeably to the plans prescribed by this constitution, and to provide an adequate compensation for the taking of the said census. Every person whose usual place of abode shall be in any family on the first Monday in July next, shall be returned as of such family ; and of every person occasionally absent at the time of taking the enumeration, as belonging to that place in which he usually resides. The general as- sembly shall, by law, direct the manner of taking such census or enu- meration, within every subsequent term of seven years, in conformity to this constitution. And it is declared to be the duty of all officers, civil and military, throughout the state, to be aiding and assisting in the true and faithful execution thereof. In case the justices of the inferior courts should fail to make such appointments, or if there should not be a suf- ficient number of such justices in any county, tlien the justices of the peace, or any three of them, shall have and exercise like powers and 220 CONSTITUTION OF authority respecting the said census ; and if the census or enumeration of any county shall not be so taken and returned, then, and in that case, the general assembly shall apportion the representation of such county according to the best evidence in their power, relative to its population. ARTICLE 2. § 1. The executive power shall be vested in a governor, who shall hold his office during the tenn of two years, and until such time as a successor shall be chosen and qualified. He shall have a competent salary, established by law, which shall not be increased or diminished during the period for which he shall have been elected ; neither shall he receive, within that period, any other emolument from the United States, or either of them, or from any foreign power. § 2. The governor shall be elected by the general assembly, at their second annual session after the rising of tliis convention, and at every second annual session thereafter, on the second day after the two houses shall be organized and competent to proceed to business. § 3. No person shall be eligible to the office of governor who shall not have been a citizen of the United States twelve years, and an in- habitant of this state six years, and who hath not attained to the age of thirty years, and who does not possess five hundred acres of land, in his own right, within this state, and other property to the amount of four thousand dollars, and whose estate shall not, on a reasonable estimation, be competent to the discharge of his debts, over and above that sum. § 4. In case of the death, resignation, or disability of the governor, the president of the senate shall exercise the executive powers of govern- ment until such disability be removed, or until the next meeting of the general assembly. § 5. The governor shall, before he enters on the duties of his office, take the following oath or affirmation : " I do solemnly swear (or af- firm, as the case may be) that I will faithfully execute the office of governor to the state of Georgia ; and will, to the best of my abilities, preserve, protect, and defend the said state, and cause justice to be exe- cuted in mercy therein, according to the constitution and laws thereof." § 6. He shall be commander-in-chief of the army and navy of this state, and of the militia thereof. § 7. He shall have power to grant reprieves for oflTcnces against the state, except in cases of impeachment, and to grant pardons or to remit any part of a sentence, in all cases after conviction, except for treason or murder, in which cases he may respite the execution, and make report thereof to the next general assembly, by whom a pardon may be granted. § 8. He shall issue writs of election to fill up all vacancies that hap- pen in the senate or house of representatives ; and shall have power to convene the general assembly on extraordinary occasions ; and shall give them, from time to time, information of the state of the republic, and recommend to their consideration such measures as he may deem ne- cessary and expedient. § 9. When any office shall become vacant by death, resignation, or otherwise the governor shall have the power to fill such vacancy ; and per- sons so appointed shall continue in office until a successor is appointed, GEORGIA. 221 agreeably to the mode pointed out by this constitution or by the legis- lature. § 10. He shall have the revision of all bills passed by both houses, before the same shall become laws ; but two-thirds of both houses may pass a law notwithstanding his dissent ; and if any bill should not be returned by the governor within five days after it hath been presented to him, tlie same shall be a law, unless the general assembly, by their ad- journment, shall prevent its return. § 11. Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the governor; and, before it shall take effect, be approved by him ; or, being disapproved, may be repassed by two-thirds of both houses, according to the rules and limitations prescribed in case of a bill. § 12. There shall be a secretary of the state, a treasurer, and a sur- veyor-general, appointed in the same manner and at the same session of the legislature, and they shall hold their offices for the like period as the governor, and shall have a competent salary, including such emolu- ments as may be established by law, which shall not be increased or diminished during the period for which they shall have been elected. § 1 3. The great seal of the state shall be deposited in the office of the secretary of state, and shall not be affixed to any instrument of writing, but by order of the governor or general assembly ; and the general as- sembly shall, at their first session after the rising of this convention, cause the great seal to be altered by law. § 14. The governor shall have power to appomt liis own secretaries. AKTICLE 3. § 1. The judicial powers of this state shall be vested in a superior court, and in such inferior jurisdictions as the legislature shall, from time to time, ordain and establish. The judges of the superior court shall be elected for the term of three years, removable by the governor, on the address of two-thirds of both houses for that purpose, or by im- peachment and conviction thereon. The superior court shall have ex- clusive and final jurisdiction in all criminal cases which shall be tried in the county wherein the crime was committed, and in all cases respecting titles to land, which shall be tried in the county where the land lies ; and shall have power to correct errors in inferior judicatories by writs of certiorari, as well as errors in the superior courts, and to order new trials on proper and legal grounds ; Provided, that such new trials shall be determ-Jied, and such errors corrected, in the superior court of the county in which such action originated. And the said court shall also have appellative jurisdiction in such other cases as the legislature may by law direct, which shall in no case tend to remove the cause from the county in which the action originated ; and the judges thereof, in all cases of application for new trials, or correction of error, shall enter their opinions on the minutes of the court. The inferior courts shall have cognizance of all other civil cases, which shall be tried in the county wherein the defendant resides, except in cases of joint obligers, re- siding in dJiTerent counties, which may be commenced in either county : and a copy of the petition and process, served on the party or parties residing out of the county in which the suit may be commenced, shall 222 CONSTITUTION OF be deemed sufficient service, under such rules and regulations as the legislature may direct ; but the legislature may, by law, to which two- thirds of each branch shall concur, give concurrent jurisdiction to the superior courts. The superior and inferior courts shall sit in each county twice in every year, at such stated times as the legislature shall appoint. § 2. The judges shall have salaries adequate to their services, estab- lished by law, which shall not be increased or diminished during their continuance in office ; but shall not receive any other perquisites or emoluments whatever, from parties or others, on account of any duty required of them. § 3. There shall be a state's attorney and solicitors appointed by the legislature, and commissioned by the governor, who shall hold their offices for the term of three years, unless removed by sentence on im- peachment, or by the governor, on the address of two-thirds of each branch of the general assembly. They shall have salaries adequate to their services, established by law, which shall not be increased or dimi- nished during their continuance in office. § 4. Justices of the inferior courts shall be appointed by the general assembly, and be commissioned by the governor, and shall hold their commissions during good behaviour, or as long as they respectively reside in the county for which they shall be appointed, unless removed by sentence on impeachment, or by the governor, on the address of two-thirds of each branch of the general assembly. They may be com- pensated for their services in such manner as the legislature may by law direct. § 5. The justices of the peace shall be nominated by the inferior courts of the several counties, and commissioned by the governor ; and there shall be two justices of the peace in each captain's district, either or both of whom shall have power to try all cases of a civil nature within their district, where the debt or litigated demand does not exceed thirty dollars, in such manner as the legislature may by law direct. They shall hold their appointments during good behaviour, or until they shall be removed by conviction, on indictment in the superior court, for mal- practice in office, or for any felonious or infamous crime, or by the go- vernor, on the address of two-thirds of each branch of the legislature. § 6. The powers of a court of ordinary, or register of probates, shall be invested in the inferior courts of each county, from whose decision there may be an appeal to the superior court, under such restrictions and regulations as the general assembly may by law direct; but the in- ferior court shall have power to vest the care of the records, and othei proceedings therein, in the clerk, or such other person as they may ap- point, and any one or more justices of the said court, with such clerk oi other person, may issue citations and grant temporary letters, in time of vacation, to hold until the next meeting of the said court ; and such clerk or other person may grant marriage licenses. § 7. The judges of the superior courts, or any one of them, shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs which may be necessary for carrying their powers fully into effect. § 8. Within five years after the adoption of this constitution, the body of our laws, civil and criminal, shall be revised, digested, and ar- GEORGIA. 223 ranged under proper heads, and promulgated in such manner as tho legislature may direct ; and no person shall be debarred from advocating or defending his cause, before any court or tribunal, either by himself or counsel, or both. § 9. Divorces shall not be granted by the legislature, until the parties Bhall have had a fair trial before the superior court, and a verdict shall have been obtained, authorizing a divorce upon legal principles. And in such cases, two-thirds of each branch of the legislature may pass acts of divorce accordingly. § 10. The clerks of the superior and inferior courts shall be appointed in such manner as the legislature may by law direct, shall be com- missioned by the governor, and shall continue in office during good be- haviour. § 11. Sheriffs shall be appointed in such manner as the general as- sembly may by law direct, and shall hold their appointments for the term of two years, unless sooner removed by sentence on impeachment, or by the governor on the address of two-thirds of the justices of the inferior court and of the peace in the county ; but no person shall be twice elected sheriff within any term of four years ; and no county offi- cer after the next election shall be chosen at the time of electing a sena- tor or representative. AUTICLK 4. § 1. The electors of members of the general assembly shall be citi- zens and inhabitants of this state, and shall have attained the age of twenty-one years, and have paid all taxes which may have been required of them, and which they may have had an opportunity of paying, agreeably to law, for the year preceding the election, and shall have re- sided six months within the county : Provided, that, in case of an inva- sion, and the inhabitants shall be driven from any county, so as to pre- vent an election therein, such refugee inhabitants, being a majority of the voters of such county, may meet under the direction of any three justices of the peace thereof, in the nearest county, not in a state of alarm, and proceed to an election, without having paid such tax so re- quired of electors ; and the persons elected thereat shall be entitled to their seats. § 2. All elections by the general assembly shall be by joint ballot of both branches of the legislature ; and when the senate and house of representatives unite for the purpose of electing, they shall meet in the representative chamber, and the president of the senate shall in such case preside, receive the ballots, and declare the person or persons elected. In all elections by the people, the electors shall vote viva voce, until the legislature shall otherwise direct. § 3. The general officers of the militia shall be elected by the genera, assembly, and shall be commissioned by the governor. All other officers of the militia shall be elected in such manner as the legislature may di- rect, and shall be commissioned by the governor ; and all militia officers now in commission, and those which may be hereafter commissioned, shall hold their commissions during their usual residence within tho division, brigade, regiment, battalion, or company, to which they belong, unless removed by sentence of a court-martial, or by the governor, on the address of two-thirds of each branch of the general assembly. 224 CONSTITUTION OF § 4. All persons appointed by the legislature to fill vacancies shall continue in office only so long as to complete the time for which their predecessors were appointed. § 5. Freedom of the press, and trial by jury, as heretofore used in this state, shall remain inviolate ; and no ex post facto law shall be § 6. No person who heretofore hath been, or hereafter may be, a col- lector, or holder of public moneys, shall be eligible to any otlice in this state, until such person shall have accounted for and paid into the trea- sury all sums for which he may be accountable or liable. I 7. The person of a debtor, where there is not a strong presumption of fraud, shall not be detained in prison after delivering up, bona fide, all his estate, real and personal, for the use of his creditors, in such manner as shall be hereafter regulated by law. § 8. Convictions on impeachments which have heretofore taken place, are hereby released, and persons lying under such convictions restored to citizenship. § 9. The writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it. § 10. No person within this state shall, upon any pretence, be de- prived of the inestimable privilege of worshipping God in a manner agreeable to his own conscience, nor be compelled to attend any place of worship contrary to his own faith and judgment ; nor shall he ever be obliged to pay tithes, taxes, or any other rate, for the building or re- pairing any place of worship, or for the maintenance of any minister or ministry, contrary to what he beheves to be right, or hath voluntarily engaged to do. No one religious society shall ever be established in this state, in preference to any other ; nor shall any person be denied the enjoyment of any civil right, merely on account of his religious principles. § 11. There shall be no future importation of slaves into this state, from Africa or any foreign place, after the first day of October next. The legislature shall have no power to pass laws for the emancipation of slaves without the consent of each of their respective owners, pre- vious to such emancipation. They shall have no power to prevent emigrants from either of the United States to this state, from bringing with them such persons as may be deemed slaves by the laws of any one of the United States. § 12. Any person who shall maliciously dismember or deprive a slave of his life, shall suffer such punishment as would be inflicted in case the like offence had been committed on a free white person, and on the like proof, except in case of insurrection by such slave, and unless such death should happen by accident, in giving such slave moderate cor- rection. § 13. The arts and sciences shall be promoted, in one or more semi- naries of learning ; and the legislature shall, as soon as conveniently may be, give such further donations and privileges to those already es- tablished, as may be necessary to secure the objects of their institution • and it shall be the duty of the general assembly, at their next session, to provide effectual measures for the improvement and permanent secu- rity of the funds and endowments of such institutions. § 14. All civil officers shall continue in the^ exercise of the duties of GEORGIA. 225 their several offices, during the periods for which they were appointed, or until they shall be superseded by appointments made in conformity to this constitution : And all laws now in force shall continue to operate, tso far as they are compatible with this constitution, uiitil repealed ; and it shall be tiie duty of the gcneraLassembly to pass all necessary laws and regulations for carrying this constitution into full effect. § 15. No part of this constitution shall be altered, unless a bill for thai purpose, specifying the alterations intended to be made, shall have been read three times in the house of representatives, and three times in the senate, on three several days in each house, and agreed to by two-thirds of each house respectively ; and when any such bill shall be passed in manner aforesaid, the same shall be publislied at least six montlis previous to the next ensuing annual election for members of the general assem- bly ; and if such alterations, or any of them, so proposed, shall be agreed to in their first session thereafter, by two-thirds of each branch of the general assembly, after the same shall have been read three times, on three separate days, in each respective house, then, and not otherwise, the same shall become a part of this constitution. We, the underwritten delegates of the people of the state of Georgia, chosen and authorized by them to revise, alter, or amend the powers and pruiciples of their government, do declare, ordain, and ratify the several articles and sections contained in the six pages hereunto pre- fixed, as the constitution of this state ; and the same shall be in ope- ration from the date hereof. In testimony, whereof, we, and each of us, respectively, have hereunto set our hands, at Louisville, the seat of government, this thirteenth day of May, in the year of our Lord, one thousand seven hundred and ninety-eight, and in the twenty-second year of the independence of the United States of America ; and have caused the great seal of the state to be affixed thereto. Article 4th, section 11th, and the first line, the following words being interlined, to wit — " after the first day of October next." JARED IRWIN, President. Joseph Clay, jun. G. W. Foster, J. B. Maxwell, Jonas Fauche, John Pray, James Nisbett, Benjamin Davis, Chas. Abercrombeej John Morrison, Thomas Lamar, > John Milton, Matt. Rabun, James Bird, Peter J. Games, Andrew E. Wells, William Fleming, Charies M'Call, jun. R. D. Gray, James Seagrove, George Wilson, Thomas Stafford, James Pittman, James Jackson, Joseph Humphries, James Jones, James Cochran, George Jones, James Powell, James Simms, James Dunwody, 22C CONSTITUTION OF Wa. Drane, James M'Niel, John King, John London, Thomas Polhill, William Bamett, R. Hunt, Benjamin Mosely, A. Franklin, Robert Walters, Thomas Gilbert, John Burnett, John Couper, Thomas Spalding, Jarnes H. Rotherford, James Oliver, John Watts, George Franklin, John Lawson, Henry Ware, Gibson Woodbridge, Jared Gore, John H. M'Intosh, James Gignilliat, Benjamin Harrison, John Watts, Jofhn Jones, John Lumpkin, Thomas Duke, Burwell Pope, Robert Watkins, Abraham Jones, Lewis Lanier, Arthur Fort, W. Sith, jun. Matthew Talbot, Jesse Mercer, Benjamin Taliaferro. Mtest, James M. Simmoks, Secretary. AMENDMENT TO THE COlfSTITUTION OF GEORGIA. A recent amendment of the 4th and 5th sections of the 3d article of Ihe constitution of Georgia provides, substantially, as follows : Five jus lices of the inferior court shall be elected, annually, by voters in each county, to preside in the inferior courts of the county ; and justices of the peace shall be elected, annually, by the voters in every militia captain's district. CONSTITUTION OF KENTUCKY. The Constitution or form of government for the State of Kentucky. We, the representatives of the people of the state of Kentucky, in convention assembled, to secure to all the citizens thereof the enjoyment of the right of life, liberty, and property, and of pursuing happiness, do ordain and establish this constitution for its government : ARTICLE 1. Concerning the Legislative Department. § 1. The powers of the government of the state of Kentucky shall be lUvided into three distinct departments, and each of them be confided to KENTUCKY. 227 a separate body of magistracy, to wit : those which are legislative, to one ; those which are executive, to another ; and those which are judiciary, to another. 2. No person or collection of persons, being one of those departments, shall exercise any power properly belonging to either of the others ; ex- cept in the instances hereinafter expressly directed or permitted AUTICLE 2. Concerning' the distribution of the potoers of the Government. § 1. The legislative power of this commonwealth shall be vested in two distinct branches ; the one to be styled the house of representatives, the other the senate, and both together, the geiieral assembly of the commonwealth of Kenticcky. 2. The members of the house of representatives shall continue in ser- vice for the term of one year from the day of the commencement of the general election, and no longer. 3. Representatives shall be chosen on the first Monday in the month of August in every year ; but the presiding officers of the several elec- tions shall continue the same for three days, at the request of any one of the candidates. 4. No person shall be a representative, who at the time of his election is not a citizen of the United States, and hath not attained to the age of twenty -four years, and resided in this state two years next pre- ceding his election, and the last year thereof in the county or town for which he may be chosen. 5. Elections for representatives for the several counties entitled to representation, shall be held at the places of holding their respective courts, or in the several election precincts into which the legislature may think proper, from time to time, to divide any or all of those coun- ties : Provided, that when it shall appear to the legislature that any town hath a number of qualified voters equal to the ratio then fixed, such town shall be invested with the privilege of a separate representa- tion, which shall be retained so long as such town shall contain a num- ber of qualified voters equal to the ratio which may, from time, to lirae, be fixed by law, and thereafter elections, for the county in which such town is situated, shall not be held therein. 6. Representation shall be equal and uniform in this commonwealth ; and shall be for ever regulated and ascertained by the number of quali- fied electors therein. In the year eighteen hundred and three, and every fourth year thereafter, an enumeration of all the free male in- habitants of the state, above twenty-one years of age, shall be made, in such manner as shall be directed by law. The number of representa- tives shall, in the several years of making these enumerations, be so fixed as not to be less than fifty-eight, nor more than one hundred, and they shall be apportioned for the four years next following, as near as may be, among the several counties and towns, in proportion to the number of quaUfied electors : but, when a county may not have a suf- ficient number of qualified electors to entitle it to one repi-esentative, and when the adjacent county or counties may not have a residuum or residuums, which, when added to the small county, would entitle it to a separate representation, it shall then be in the power of the legislature 228 CONSTITUTION OF to join two or more together, for the purpose of sending a representa- tive : Provided, that when there are two or more counties adjoining,, which have residuums over and above the ratio when 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. 7. The house of representatives shall choose its speaker and other officers. 8. In all elections for representatives, every free male citizen (ne- groes, mulattoes, and Indians excepted) who, at the time being, hath attained to the age of twenty-one years, and resided in the state two years, or the county or town in which he offers to vote one year next pre- ceding the election, shall enjoy the right of an elector ; but no person shall be entitled to vote, except in the county or town in which he may actually reside at the time of the election, except as is herein otherwise provided. Electors shall in all cases, except treason, felony, breach or surety of the peace, be privileged from arrest during their attendance at, going to, and returning from elections. ' 9. The members of the senate shall be chosen for the term of four years ; and when assembled shall have the power to choose its officers annually. 10. At the first session of the general assembly after this constitu- tion takes effect, the senators shall be divided by lot, as equally as may be, into four classes : the seats of the senators of the first class shall be vacated at the expiration of the first year ; of the second class, at the expiration of the second year ; of the third class, at the expiration of the third year ; and of the fourth class, at the expiration of the fourth year; so that one-fourth shall be chosen every year, and a rotation thereby kept up perpetually. 11. The senate shall consist of twenty-four members at least, and for every three members above fifty-eight, which shall be added to the house of representatives, one member shall be added to the senate. 12. The same number of senatorial districts shall, from time to time, be cstabUshed by the legislature, as there may then be senators allotted to the otate ; which shall be so formed as to contain, as near as may be, an equal number of free male inhabitants in each, above the age of twenty-one years, and so that no county shall be divided, or form more than one district ; and where two or more counties compose a district, they shall be adjoining. 13. When an additional senator may be added to the senate, he shall be annexed by lot to one of the four classes, so as to keep them as nearly equal in number as possible. 14. One senator for each district shall be elected by those qualified to vote for representatives therein, who shall give their votes at the several places in the counties or towns where elections are by law directed to be held. 15. No person shall be a senator who, at the time of his election, is not a citizen of the United States, and who hath not attained to the age of thirty -five years, and resided in this state six years next preceding his election, and the last year thereof in the district from which he may be chosen. ^6. The first election for senators shall be general throughout the KENTUCKY. . 229 state, and at the same time that the general election for representatives is held ; and thereafter there shall, in like manner, be an annual election for senators, to fill the places of those whose time of service may have expired. 17. The general assembly shall convene on the first Monday in the month of November in every year, unless a different day be appointed by law ; and their session shall be held at the seat of government. 18. Not less than a majority of the members of each house of the general assembly shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and shall be authorized by law to compel the attendance of absent members, in such manner, and under such penalties, as may be prescribed thereby. 19. Each house of the general assembly shall judge of the quaUfica- tions, elections, and returns of its members ; but a contested election shall be determined in such manner as shall be directed by law. 20. Each house of the general assembly may determine the rules of its proceedings ; punish a member for disorderly behaviour ; and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause. 21. Each house of the general assem.bly shall keep and publish, weekly, a journal of its proceedings ; and the yeas and nays of the mem- bers on any question shall, at the desire of any two of them, be entered on their journal. 22. Neither house, during the session of the general assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. 23. The members of the general assembly shall severally receive from the public treasury a compensation for their services, which shall be one dollar and a half a day, during their attendance on, going to, and return- ing from the session of their respective houses : Provided, that the same may be increased or diminished by law ; but no alteration shall take effect during the session at which such alteration shall be made. 24. The members of the general assembly shall, in all cases, except treason, felony, breach or surety of the peace, be privileged from arrest, during their attendance at the sessions of their respective houses, and in going to, and returning from the same ; and for any speech or debate, in either house, they shall not be questioned in any other place. 25. No senator or representative shall, during the term for which he was elected, nor for one year thereafter, be appointed or elected to any civil office of profit under this commonwealth, which shall have been created, or the emoluments of which shall have been increased, during the time such senator or representative was in office, except to such offices or appointments as may be made or filled by the elections of the people. 26. No person, while he continues to exercise the functions of a clergyman, priest, or teacher of any religious persuasion, society, or sect ; nor whilst he holds or exercises any office of profit under this common- wealth, shall be eligible to the general assembly ; except attorneys at law, justices of the peace, and militia officers : Provided, that justices of the courts of quarter sessions shall be ineligible so long as any compensation may be allowed them for their services : Provided, also, that attorneys 230 CONSTITUTION OF for the commonwealth, who receive a fixed annual salary from the public treasury, shall be ineligible. 27. No person who at any time may have been a collector of taxes for the state, or the assistant or deputy of such collector, shall be eligible to the general assembly until he shall have obtained a quietus for the amount of such collection, and for all public moneys for which he may be responsible. 28. No bill shall have the force of a law until on three several days it be read over in each house of the general assembly, and free discussion allowed thereon ; unless, in cases of urgency, four-fifths of the house where the bill shall be depending, may deem it expedient to dispense with this rule. 29. All bills for raising revenue shall originate in the house of repre- sentatives ; but the senate may propose amendments, as in other bills : Provided, that they shall not introduce any new matter, under the colour of an amendment, which does not relate to raising a revenue. 30. The general assembly shall regulate, by law, by whom and in what manner writs of election shall be issued to fill the vacancies which may happen in either branch thereof. auticle S. Concerning the Executive Departjnent. § 1. The supreme executive power of the commonwealth snail be vested in a chief magistrate, who shall be styled the governor of the com- monwealth of Kentucky. 2. The governor shall be elected for the term of four years by the citi- zens entitled to suffrage at the time and places where they shall respec- tively vote for representatives. The person having the highest number of votes shall be governor ; but if two or more shall be equal and highest in votes, the election shall be determined by lot, in such manner as the legislature may direct. .3. The governor shall be ineligible for the succeeding seven years after the expiration of the time far which he shall have been elected. 4. He shall be at least thirty-five years of age, and a citizen of the United States, and have been an inhabitant of this state at least six years next preceding his election. 5. He shall commence the execution of his office on the fourth Tues- day succeeding the day of the commencement of the general election on which he shall be chosen, and shall continue in the execution thereof until the end of four weeks next succeeding the election of his successor, and until his successor shall have taken the oaths or affirmations pre- scribed by this constitution. 6. No member of congress, or person holding any office under the United States, nor minister of any religious society, shall be eligible ti> the office of governor. 7. The governor shall, at stated times, receive for his services a com pensation, which shall neither be increased nor diminished during the term for which he shall have been elected. 8. He shall be commander-in-chief of the army and navy of this com- monwealth, and of the militia thereof, except when they shall be called into the service of the United States ; but he shall not command per- KENTUCKY. 231 eonally in the field, unless he shall be advised so to do by a resolution of the general assembly. 9. He shall nominate, and, by and with the advice and consent of the senate, appoint all officers whose offices are established by this constitu- tion or shall be established by law, and whose appointments are not herein otherwise provided for : Provided, that no person shall be so ap- pointed to an office within any county, who shall not have been a citi- zen and inhabitant therein one year next before his appointment, if the county shall have been so long erected ; but if it shall not have been so long erected, then within the limits of the county or counties from which it shall have been taken : Provided, also, that the county courts be au- thorized by law to appoint inspectors, collectors, and their deputies, sur- veyors of the high-ways, constables, jailers, and such oJ;her inferior officers, whose jurisdiction may be confined within the limits of a county. 10. The governor shall have power to fill up vacancies that may hap- pen during the recess of the senate, by granting commissions, which shall expire at the end of the next session. 11. He shall have power to remit fines and forfeitures, grant reprieves and pardons, except in cases of impeachment. In cases of treason, he shall have power to grant reprieves until the end of the next session of the general assembly ; in which the power of pardoning shall be vested. 12. He may require information in writing from the officers in the executive department, upon any subject relating to the duties of their re- spective offices. 13. He shall from time to time give to the general assembly informa- tion of the state of the commonwealth, and recommend to their con- sideration such measures as he shall deem expedient. 14. He may on extraordinary occasions convene the general assembly at the seat of government, or at a different place, if that should have be- come, since their last adjournment, dangerous from an enemy, or from contagious disorders ; and in case of disagreement between the two houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding four months. 15. He shall take care that the laws be faithfully executed. 1 6. A lieutenant-governor shall be chosen at every election for a go- vernor, in the same manner, continue in office for the same time, and possess the same qualifications. • In voting for governor and lieutenant- governor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant-governor. 1 7. He shall, by virtue of his office, be speaker of the senate, have a right, when in committee of the whole, to debate and vote on all sub- jects ; and, when the senate are equally divided, to give the casting vote. 18. In case of the impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or absence from the state, the lieutenant-governor shall exercise all the power and authority appertain- ing to the office of governor, until another be duly qualified, or the go- vernor absent or impeached shall return or be acquitted. 19. Whenever the government shall be administered by the lieute- nant-governor, or he shall be unable to attend as speaker of the senate, the senators shall elect one of their own members as speaker, for that ^S2 CONSTITUTION OF occasion. And if, during the vacancy of the office of governor, the lieutenant-governor shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the state, the speaker of the senate shall, in like manner, administer the government. 20. The lieutenant-governor, while he acts as speaker to the senate, shall receive for his services the same compensation which shall for the same period be allowed to the speaker of the house of representa- tives, and no more ; and during the time he administers the govern- ment as governor, shall receive the same compensation which the governor would have received and been entitled to had he been em- ployed in the duties of his office. 21. The speaker pro tempore of the senate, during the time he ad- ministers the government, shall receive in like manner the same com- pensation which the governor would have received had he been em- ployed in the duties of his office. 22. If the lieutenant-governor shall be called upon to administer the government, and shall, while in such administration, resign, die, or be absent from the state during the recess of the general assembly, it shall be the duty of the secretary, for the time being, to convene the senate for the purpose of choosing a speaker. 23. An attorney-general, and such other attorneys for the common- wealth as may be necessary, shall be appointed, whose duty shall be regulated by law. Attorneys for the commonwealth, for the several counties, shall be appointed by the respective courts having jurisdiction therein. 24. A secretary shall be appointed and commissioned during the terra for which the governor shall have been elected, if he shall so long behave himself well. He shall keep a fair register, and attest all the official acta and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers, relative thereto, before either house of the general assembly, and shall perform such other duties as may be enjoined him by law. 25. Every bill which shall have passed both houses shall be presented to the governor : if he approve, he shall sign it, but if not, he shall re- turn it with his objections, to the house in which it shall have originated, who shall enter the objections at large upon the journal, and proceed to reconsider it; if, after such reconsideration, a majority af all the members elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall be like- wise considered, and if approved by a majority of all the members elect- ed to that house, it shall be a law ; but in such cases the votes of both houses shall be determined by yeas and nays, and the persons voting for and against the bill shall be entered on the journal of each house re- spectively ; if any bill shall not be returned by the governor, within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the general assembly by their adjournment prevent its return ; in which case it shall be a law, unless sent back within three days after their next meeting. 26. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the governor, and before it shall take effect, be approved by KENTUCKY. 233 mm ; or, being disapproved, shall be repassed, by a majority of all the members elected to both houses, according to the rules and limitations prescribed in case of a bill. 27. Contested elections for a governor and lieutenant-governor shall be determined by a committee to be selected from both houses of the general assembly, and formed and regulated in such manner as shall be directed by law. 28. The freemen of this commonwealth (negroes, mulattoes, and In- dians excepted) shall be armed and disciplined for its defence. Those who conscientiously scruple to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service. 29. The commanding officers? of the respective regiments, shall ap- point the regimental staff ; brigadier-generals their brigade-majors ; ma- jor-generals, their aids ; and captains, the non-commissioned officers of companies. 30. A majority of the field-officers and captains in each regiment shall nominate the commissioned officers in each company, who shall be commissioned by the governor :, Provided, that no nomination shall be made, unless two at least of the field-officers are present ; and when two or more persons have an equal and the highest number of votes, the field-officer present, who may be highest in commission, shall decide the nomination. ■ 31. Sheriffs shall hereafter be appointed in the following manner: when time of a sheriff for any county may be about to expire, the county court for the same, a majority of all its justices being present, shall, in the months of September, October, or November, next pre- ceding thereto, recommend to the governor two proper persons to fill the office, who are then justices of the county court; and who shall in such recommendation pay a just regard to seniority in office and a regular ro- tation. One of the persons so recommended shall be commissioned by the governor, and shall hold his office for two years, if he so long be- have well, and until a successor be duly qualified. If the county courts shall omit, in the months aforesaid, to make such recommendation, tho governor shall then nominate, and by and with the advice and consent of the senate, appoint a fit person to fill such office. ARTICLE 4. Concerning the Judicial Department. § 1. The judiciary power of this commonwealth, both as to matters of law and equity, shall be vested in one supreme court, which shall be styled the court of appeals, and in such inferior courts as the general assembly may from time to time erect and establish. 2. The court of appeals, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only ; which shall be co- extensive with the state, under such restrictions and regulations, not re- pugnant to this constitution, as may from time to time be prescribed by • law. 3. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour ; but for any reasonable cause which shall not be sufficient ground of impeachment, the governor shall re- move any of them on the address of two-thirds of each house of the V 2 234 CONSTITUTION OF general assembly : Provided, however, that the cause or causes for which such removal may be required, shall be stated at length in such address, and on the journal of each house. They shall at stated time? receive for their services an adequate compensation to be fixed by law. 4. The judges shall, by virtue of their office, be conservators of the peace throughout the state. The style of all process shall be, " the commonwealth of Kentucky." All prosecutions shall be carried on in the name and by the authority of the commonwealth of Kentucky, and conclude, against the peace and dignity of the same. 5. There shall be established in each county, now, or which may here- after be erected, \vithin this commonwealth, a county court. 6. A competent number of justices of the peac« shall be appointed in each county ; they shall be commissioned during good behaviour, but may be removed on conviction of misbehaviour in office, or of any in- famous crime, or on the address of two-thirds of each house of the general assembly : Provided, however, that the cause or causes for which such removal may be required, shall be stated at length in such address, on the journal of each house. 7. The number of the justices of the peace to which the several coun- ties in this commonwealth now established, or which may hereafter be established, ought to be entitled, shall, from time to time, be regu- lated by law. 8. When a surveyor, coroner, or justice of the peace shall be needed in any county, the county court for the same, a majority of all its jus- tices concurring therein, shall recommend to the governor two proper persons to fill the office, one of whom he shall appoint thereto : Pro- vided, however, that if the county court shall for twelve months omit to make such recommendation, after being requested by the governor to recommend proper persons, he shall then nominate, and, by and with the advice and consent of the senate, appoint a fit person to fill such office. 9. When a new county shall be erected, a competent number of jus- tices of the peace, a sheriff, and coroner therefor, shall be recommended to the governor by a majority of all the members of the house of repre- sentatives, from the senatorial district or districts in which the county is situated ; and if either of the persons thus recommended shall be re- jected by the governor or the senate, another person shall immediately be recommended as aforesaid. 10. Each court shall appoint its own clerk, who shall hold his office during good behaviour ; but no person shall be appointed clerk, only pro tempore, who shall not produce to the court appointing him, a certificate from a majority of the judges of the court of appeals that he had been examined by their clerk in their presence, and under theh direction, and that they judge him to be well qualified to execute the office of clerk of any court of the same dignity with that for which he offers himself They shall be removable for breach of good behaviour, by the court of appeal only, who shall be judges of the fact as well as of the law. Two- thirds of the members present must concur in the sentence. 11. All commissions shall be in the name, and by the authority of the state of Kentucky, and sealed with the state seal, and signed by the go- vernor. 12. The state treasurer, and printer or printers, for the common KENTUCKY. 235 wealth, shall be appointed annually by the joint vote of both houses of the general assembly : Provided, that, during the recess of the same, the governor shall have power to fill vacancies which may happen in either of the said offices. auticle 5. Concerning Impeachments. % 1. The house of representatives shall have the sole power of im- peaching. 2. All impeachments shall be tried by the senate ; when sitting for that purpose, the senators shall be upon oath or affirmation : no per- son shall be convicted without the concurrence of two-thirds of the mem- bers pretjent. 3. The governor and all civil officers shall be liable to impeachment for any misdemeanour in office ; but judgment, in such cases, shall not extend further than to removal from office, and disqualification to hold any office of honour, trust, or profit, under this commonwealth ; but the party convicted shall nevertheless be liable and subject to indictment, trial, and punishment, according to law. AHTICLE 6. General Provisions, § 1. Members of the general assembly and all officers, executive and judicial, before they enter upon the execution of their respective offices, shall take the following oath or affirmation : " I do solemnly swear, (or affirm, as the case may be,) that I will be faithful and true to the com- monwealth of Kentucky, so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my abilities, the office of , according to law." 2. Treason against the commonwealth shall consist only in levying war against it, or in adhering to its enemies, gi^dng them aid and com- fort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open court. 3. Every person shall be disqualified from serving as a governor, lieutenant-governor, senator, or representative, for the term for which he shall have been elected, who shall be convicted of having given or offered any bribe or treat to procure his election. 4. Laws shall be made to exclude from office, and from suffiage, those who shall thereafter be convicted of briber}^ perjury, forgery, or other high crimes or misdemeanours. The privilege of free suffi-age shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon, from power, bribery, tumult, ox other improper practices. 5. No money shall be drawn from the treasury, but in pursuance of appropriations made by law, nor shall any appropriations of money, for the support of an army, be made for a longer time than one year ; and a regular statement and account of the receipts and expenditures of all public money shall be nublished annually. 236 CONSTITUTION OF 6. The general assembly shall direct by law in what manner, and in what courts, suits may be brought against the commonwealth. 7. The manner of administering an oath or affirmation shall be such as is most consistent with the conscience of the deponent, and shall be esteemed by the general assembly the most solemn appeal to God. 8. All laws which, on the first day of June, one thousand seven hundred and ninety-two, were in force in the state of Virginia, and which are of a general nature, and not local to that state, and not repugnant to this constitution, nor to the laws which have been enacted by the legislature of this commonwealth, shall be in force within this state, until they shall be altered or repealed by the general dssembly. 9. The compact with the state of Virginia, subject to such alterations as may be made therein, agreeably to the mode prescribed by the said compact, shall be considered as part of this constitution. 10. It shall be the duty of the general assembly to pass such laws as may be necessary and proper to decide difterences by arbitrators, to be appointed by the parties who may choose that summary mode of adjustment. 1 1. All civil officers for the commonwealth at large shall reside within the state, and all district, county, or town officers, within their respec- tive districts, counties, or towns, (trustees of towns excepted,) and shall keep their respective offices at such places therein as may be required by law ; and all militia officers shall reside in the bounds of the divi- sion, brigade, regiment, battalion, or company, to which they may seve- rally belong. 12. The attorney-general, and other attorneys for this commonwealth, who receive a fixed annual salary from the public treasury, judges, and clerks of courts, justices of the peace, surveyors of lands, and all com- missioned militia officers, shall hold their respective offices during good behaviour, and the continuance of their respective courts, under the exceptions contained in this constitution. 13. Absence on the business of this state, or the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffi-age, or of being elected or appointed to any office under this commonwealth, under the exceptions contained in this constitu- tion. 14. It shall be the duty of the general assembly to regulate by law, in what cases and what deduction from the salaries of public officers shall be made for neglect of duty in their official capacity. 15. Returns of all elections for governor, lieutenant-governor, and members of the general assembly, shall be made to the secretary, for the time being. 16. In all elections by the people, and also by the senate and house of representatives, jointly or separately, the votes shall be personally and publicly given, viva voce. 17. No member of congress, nor person holding or exercising any office of trust, or profit, under the United States, or either of them, or under any foreign power, shall be eligible as a member of the general assembly of this commonwealth, or hold or exercise any office of trust, or profit, under the same. 18. The general assembly shall direct by law how persons who now KENTUCKY. 237 nre, or may hereafter become, securities for public officers, may be le- lieved or discharged on account of such security ship. ARTICLE 7. Concerning Slaves. § 1. The general assembly shall have no power to pass laws for the emancipation of slaves without the consent of their owners, or without paying their owners, previous to such emancipation, a full equivalent in money for the slaves so emancipated. They shall have no power to prevent emigrants to this state from bringing with them such persons as are deemed slaves by the laws of any of the United States, so long as any person of the same age or description shall be continued in slavery by the laws of this state. They shall pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and pre- venting them from becoming a charge to any county in this common- wealth. They shall have full power to prevent slaves being brought into this state as merchandise. They shall have full power to prevent any slaves being brought into this state, who have been, since the first day of January, one thousand seven hundred and eighty-nine, or may herejifter be, imported into any of the United States, from a foreign country. And they shall have full power to pass such laws as may be necessary to oblige the owners of slaves to treat them with humanity, to provide for them necessary clothing and provision, to abstain from all injuries to them extending to life, or limb, and in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves sold for the benefit of their owner or owners. 2. In the prosecution of slaves for felony, no inquest by a grand jury shall be necessary, but the proceedings in such prosecutions shall be regulated by law : except that the general assembly shall have no power to deprive them of the privilege of an impartial trial by a petit jury. AIITICLE 8. § 1. The seat of government shall continue in the town of Frankfort, until it shall be removed by law : Provided, however, that two-thirds of all the members elected to each house of the general assembly shall concur in the passage of such law. ARTICLE 9. Mode of Revising' the Constitution. § 1. When experience shall point out the necessity of amending this constitution, and when a majority of all the members elected to each house of the general assembly shall, within the first twenty days of their stated annual session, concur in passing a law, specifying the alterations intended to be made, for taking the sense of the good people of this state, as to the necessity and expediency of calling a convention, it shall be the duty of the several sheriffs, and other returning officers, at the next general election which shall be held for representatives after the passage of such law, to open a poll for, and make return to the secretary, for the time being, of the names of all those entitled to vote for repre- sentatives, who have voted for calling a convention ; and if thereupon 238 CONSTITUTION OF it shall appear that a majority of all the citizens of this state entitled to vote for representatives have voted for a convention, the general assem- bly shall direct that a similar poll shall be opened and taken for the next year ; and if thereupon it shall appear that a majority of all the citizens of this state entitled to vote for representatives have voted for a conven- tion, the general assembly shall, at their next session, call a convention, to consist of as many members as there shall be in the house of repre- sentatives, and no more ; to be chosen in the same manner and propor tion, at the same places, and at the same time, that representatives are, by citizens entitled to vote for representatives ; and to meet within three months after the said election, for the purpose of re-adopting, amending, or changing this constitution. But if it shall appear, by the vote of either year, as aforesaid, that a majority of all the citizens entitled to vote for representatives did not vote for a convention, a convention shall not be called. ARTICJCE 10. That the general, great, and essential principles of liberty and tree^ government may be recognised and established, we decbire : § 1. That all free men, when they form a social compact, are equal ; and that no man or set of men are entitled to exclusive, separate, public emoluments or privileges, from the community, but in consideration of public services. 2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness : For the advancement of these ends, they have at all times an unalienable and indefeasible right to alter, reform, or abolish their government, in such manner as they may think proper. 3. That all men have a natural and indefeasible right to worship Al- mighty God, according to the dictates of their own consciences ; that no man shall be compelled to attend, erect, or support anj' place of worship, or to maintain any ministry against his consent ; that no human authority ought, in any case whatever, to control or interfere with the rights of conscience ; and that no preference shall ever be given by law to any religious societies or modes of worship. 4. That the civil rights, privileges, or capacities of any citizen shall in no wise be diminished or enlarged on account of his religion. 5. That all elections shall be free and equal. 6. That the ancient mode of trial by jury shall be held sacred, and' the right thereof remain inviolate. 7. That printing presses shall be free to every person who undertakes^ to examine the proceedings of the legislature or any branch of govern- ment ; and no law shall ever be made to restrain the right thereof. Thei^ free communication of thoughts and opinions is one of the invaluable*' rights of man, and every citizen may freely speak, write, and print, on any subject, being responsible for the abuse of that liberty. 8. In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shaUi have a right to determine the law and the facts, under the direction of '^ the court, as in other cases. KENTUCKY. 230 9. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable seizures and searches ; and that no warrant to search any place or to seize any person or thing, shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation. 10. That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel : to demand the nature and cause of the accusation against him : to meet the witnesses face to face : to have compulsory process for obtaining witnesses in his favour ; and, in prose- cutions by indictment or information, a speedy public trial, by an im- partial jury of the vicinage ; that he cannot be compelled to give evi- dence against himself, nor can he be deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land. 11. That no person shall, for any indictable ofience, be proceeded against criminally by information, except in cases arising in the land oi naval forces, or the militia, when in actual service, in time of war oi public danger, by leave of the court, for oppression or misdemeanour in office. 1 2. No person shall, for the same ofience, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to pub- lic use without the consent of his representatives, and without just com- pensation being previously made to him. 13. That all courts shall be open, and every person for any injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law ; and right and justice administered without sale, denial, oi delay. 14. That no power of suspending laws shall be exercised, unless by the legislature or its authority. 15. That excessive bail shall not be required, nor excessive fines im- posed, nor cruel punishments inflicted. 16. That all prisoners shall be bailable by sufficient securities, unless for capital offences, when the proof is evident, or presumption great ; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. 17. That the person of a debtor, where there is not strong presump- tion of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors, in such manner as shall be pre- scribed by law. 18. That no ex post facto law, nor any law impairing contracts, shall be made. 19. That no person shall be attainted of treason or felony by the legis- lature. 20. That no attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the commonwealth. 21. That the estates of such persons as shall destroy their own lives, shall descend or vest as in case of natural death ; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. 22. That the citizens have a right in a peaceable manner to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances or other proper purposes, by petition, address, or remonstrance. 240 CONSTITUTION OF 23. That the rights of the citizens to bear arms in defence of them- selves and the state shall not be questioned. 24. That no standing army shall, in time of peace, be kept up, with- out the consent of the legislature ; and the military shall, in all cases and at all times, be in strict subordination to the civil power. 25. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. 26. That the legislature shall not grant any title of nobility or here- ditary distinction, nor create any office, the appointment to which shall be for a longer term than dming good behaviour. 27. That emigration from this state shall not be prohibited. 28. To guard against transgressions of the high powers which we have delegated, we declare, that every thing in this article is excepted out of the general powers of government, and shall for ever remain in- violate ; and that all laws contrary thereto, or contrary to this constitu- tion, shall be void. SCHEDULE. That no inconvenience may arise from the alterations and amend- ments made in the constitution of this commonwealth, and in order to carry the same into complete operation, it is hereby declared and or- dained : § 1. That all laws of this commonwealth, in force at the time of making the said alterations and amendments, and not inconsistent there- with, and all rights, actions, prosecutions, claims, and contracts, as well of individuals as of bodies corporate, shall continue as if the said altera- tions and amendments had not been made. 2. That all officers now filling any office or appointment, shall con- tinue in the exercise of the duties of their respective offices or appoint- ments for the terms therein expressed, unless by this constitution it is otherwise directed. 3. The oaths of office herein directed to be taken, may be adminis- tered by any justice of the peace, until the legislature shall otherwise di- rect. 4. The general assembly, to be held in November next, shall appor- tion the representatives and senators, and lay off the state into senato- rial districts conformable to the regulations prescribed by this constitu- tion. In fixing those apportionments, and in estabhshing those districts, they shall take for their guide the enumeration directed by law to be made in the present year, by the commissioners of the tax, and the ap- portionments thus made shall remain unaltered until the end of the stated annual session of the general assembly in the year eighteen hun dred and three. 5. In order that no inconvenience may arise from the change made by this constitution in the time of holding the general election, it is hereby ordained that the first election for governor, lieutenant-governor, and members of the general assembly, shall commence on the first Mon- day in May, in the year eighteen hundred. The persons then elected shall continue in office during the several terms of service prescribed by this constitution, and until the next general election which shall be held KENTUCKY. 241 after their said teniis shall have respectively expired. The returns for the said first election of governor and lieutenant-governor shall be made to the secretary, within fifteen days from the day of election, who shall, as soon as may be, examine and count the same, in the presence of at least two judges of the court of appeals, or district courts, and shall de- clare who are the persons thereby duly elected, and give them official notice of their election ; and if any person shall be equal and highest on the poll, the said judges and secretary shall determine the election by lot. 6. This constitution, except so much thereof as is therein otherwise directed, shall not be in force until the first day of June, in the year eighteen hundred ; on which day the whole thereof shall take full and complete effect. Done in convention, at Frankfort, the seventeenth day of August, one thousand seven hundred and ninety-nine, and of the indepen- dence of the United States of America the twenty-fourth. ALEXANDER S. BULLIT. P. C. John Allen, Charles Smith, Robert Wilmot, James Duncan, William Griffith, Nathaniel Rogers, William Sudduth, John Ewing, John Breckenridge John M'Dowell, John Bell, H. Harrison, B. Thurston, Walter Carr, Harr)^ Innis, John Logan, George Stockton, William M. Bledsoe, William Casey, Henry Coleman, William EUiot Boswell, Richard Taylor, John Price, William Logan, N. Huston, John Bailey, Reuben Ewing, Jr. Philemon Thomas, Philip Buckner, Thomas Sandford, Robert Clark, R. Hickman, Thomas Marshal. Joshua Baker, Peter Brunner, John Adair, Thomas Allen, Samuel Taylor, Green Clay, Thomas Clay, William Irvine, Jilson Payne, John Rowan, Richard Prather, Nicholas Minor, Benjamin Logan, Abraham Owen, William Henry, Robert Johnson, Caleb Wallace, William Steel, Felix Grundy, Robert Abell, Alexander Davidson X 242 CONSTITUTION OF CONSTITUTION OF TENNESSEE. Whereas the people of the territory of the United States, south of the river Ohio, having the right of admission into the general government as a member state thereof, consistent with the constitution of the United States, and the act of cession of the state of North Carolina, recognising the ordinance for the government of the territory of the United States, north-west of the river Ohio, by their delegates and representatives in convention assembled, did, on the sixth day of February, in the year of our Lord one thousand seven hundred and ninety-six, ordain and es- tablish a constitution or form of government ; and mutually agreed with each other to form themselves into a free and independent state, by the name of " The State of Tennessee ;" and whereas the general assembly of said state of Tennessee, (pursuant to the third section of the tenth article of the constitution,) by an act passed on the twenty-seventh day of November, in the year of our Lord one thousand eight hundred and thirty-three, entitled "An act to provide for the calling of a convention," did authorize and provide for the election, by the people, of delegates and representatives, to meet at Nashville, in Davidson county, on the third Monday in May, in the year of our Lord one thousand eight him- dred and thirty-four, " for the purpose of revising, and amending (or changing) the constitution ;" we, therefore, the delegates and represen- tatives of the people of the state of Tennessee, elected and in conven- tion assembled, in pursuance of the said act of assembly, have ordained and established the following amended constitution and form of govern- ment for this stale, which we recommend to the people of Tennessee for their ratification ; that is to say : ARTICLE 1. Declaration of Mights. § 1. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness ; for the advancement of those ends, they have, at all times, an unalienable and indefeasible right to alter, reform or abolish the government in such manner as they may think proper. 2. That government being instituted for the common benefit, the doc- trine of nonresistance against arbitrary power and oppression, is absurd, slavish and destructive to the good and happiness of mankind. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience ; that no man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any minister against his consent ; that no human authority can, in any case whatever, control or interfere with the rights of conscience ; and that no preference shall ever be given, by law, to any religious establishment or mode of worship. 4. That no religious test shall ever be required as a qualification to any office or public trust under this state. r TENNESSEE. 248 5. That elections shall be free and equal. 6. That the right of trial by jury shall remain inviolate. 7. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures ; and that general warrants, whereby an officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose oflences are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted. 8. That no free man shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his Ufe, liberty, or property, but by the judgment of his peers, or the law of the land. 9. That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel ; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face ; to have compulsory process for obtaining wit- nesses in his favour ; and in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the county or district in which the crime shall have been committed ; and shall not be compelled to give evidence against himself, 1 0. That no person shall, for the same oifence, be twice put in jeo- pardy of life or limb. 1 1 . That laws made for the punishment of facts committed previous to the existence of such laws, and by them only declared criminal, are contrary to the principles of a free government ; wherefore no ex post facto law shall be made. 12. That no conviction shall work corruption of blood or forfeiture of estate. The estate of such persons as shall destroy their own lives shall descend or vest as in case of natural death. If any person be killed by casualty, there shall be no forfeiture in consequence thereof. 13. That no person arrested or confined in jail, shall be treated with unnecessary rigour. 14. That no freeman shall be put to answer any criminal charge but by presentment, indictment, or impeachment. 15. That all prisoners shall be bailable by sufficient sureties, unless for capital oflences when the proof is evident or the presumption great. And the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it. 16. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 17. That all courts shall be open ; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay. Suits may be brought against the state in such manner, arui in such courts, as the legislature may by law direct. 18. That the person of a debtor, where there is not strong presump- tion of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law. 19. That the printing presses shall be free to every person who un- i44 CONSTITUTION OF dertakes to examine the proceedings of the legislature, or of any braweh or officer of government ; and no law shall ever be made to restrain the light thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. But in prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, the truth thereof may be given in evidence ; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other criminal cases. 20. That no retrospective law, or law impairing the obligation of con- tracts, shall be made. 21. That no man's particular services shall be demanded, or property taken, or applied to public use, without the consent of his representatives, or without just compensation being made therefor. 22. That perpetuities and monopolies are contrary to the genius of a free state, and shall not be allowed. 23. That the citizens have a right, in a peaceable manner, to assemble together, for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances or other proper purposes, by address or remonstrance. 24. That the sure and certain defence of a free people is a well re- gulated militia: and, as standing armies in time of peace are dangerous to freedom, they ought to be avoided, as far as the circumstances and safety of the community will admit; and that in all cases the military shall be kept in strict subordination to the civil authority. 25. That no citizen of this state, except such as are employed in the army of the United States, or militia in actual service, shall be subjected to corporeal punishment under the martial law. 26. That the free white men of this state have a right to keep and to bear arms for their common defence. 27. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner ; nor in time of war, but in a manner prescribed by law. 28. That no citizen of this state shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law. 29. That an equal participation of the free navigation of the Missis* sippi, is one of the inherent rights of the citizens of this state : it cannot, therefore, be conceded to any prince, potentate, power, person or persons whatever. 30. That no hereditary emoluments, privileges, or honours shall ever be granted or conferred in this state. 31. That the limits and boundaries of this state be ascertained, it is declared they are as hereafter mentioned, that is to say : Beginning on the extreme height of the Stone mountain, at the place where the line of Virginia intersects it, in latitude thirty-six degrees and thirty minutes north ; running thence along the extreme height of the said mountain to the place where Watauga river breaks through it ; thence a direct course to the top of the Yellow mountain, where Bright's road crosses the same ; thence along the ridge of said mountain between the waters of Doe river and the waters of Rock creek, to the place where the road crosses the Iron mountain ; from thence along ^he extreme height of TENNESSEE. 245 said mountain, to the place where Nolichucky nver runs through the same ; thence to the top of the Bald mountain ; thence along the ex- tieme height of said mountaui, to the Painted Kock, on French Broad river ; thence along the highest ridge of said mountain, to the place where it is called the Great Iron or Smoky mountain ; thence along the extreme height of said mountain, to the place where it is called Unicoi or Unaka mountain, between the Indian towns of Cowee and Old Chota ; thence along the main ridge of the said mountain, to the southern boun- dary of this state, as described in the act of cession of North Carolina to the United States of America : and that all the territory, lands, and waters lying west of the said line, as before mentioned, and contained within the chartered limits of the state of North CaroUna, are within the boundaries and limits of this state, over which the people have the right of exercising sovereignty and the right of soil, so far as is con- sistent with the constitution of the United States, recognising the arti- cles of confederation, the bill of rights, and constitution of North Caro- lina, the cession act of the said state, and the ordinance of congress for the government of the territory north-west of the Ohio: provided, nothing herein contained shall extend to affect the claim or claims of individuals, to any part of the soil which is recognised to them by the aforesaid cession act : and provided also, that the limits and jurisdiction of this state shall extend to any other land and territory now acquired, or that may hereafter be acquired by compact or agreement with other states or otherwise, although such land and territory are not included within the boundaries herein before designated. 32. The people residing south of French Broad jind Holston between the rivers Tennessee and Big Pigeon, are entitled to the right of pre- emption and occupancy in that tract. ARTICLE 2. § 1. The powers of the government shall be divided into three dis- tmct departments ; the legislative, executive, and judicial. 2. No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases herein directed or permitted. 3. The legislative authority of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives, both dependent on the people. 4. An enumeration of the qualified voters and an apportionment of the representatives in the general assembly, shall be made in the year one thousand eight hundred and forty-one, and within every subsequent term of ten years. 5. The number of representatives shall, at the several periods of making the enumeration, be apportioned among the several counties or districts according to the number of qualified voters in each ; and shall not exceed seventy -five, until the population of the state shall be pne million and a half; and shall never thereafter exceed ninety-nine ; pro' Tided, that any county having two-thirds of the ratio, shall be entitled to one member. 6. The number of senators shall, at the several periods of makmg the enumeration, be apportioned among the several counties or districts, according to the number of qualified electors in each, and shall no* X 2 246 CONSTITUTION OF exceed one-third the number of representatives. In apportioning the senators among the different counties, the ft-action that may be lost by any county or counties, in the apportionment of members to the house of representatives, shall be made up to such county or counties in the senate as near as may be practicable. When a district is composed of two or more counties, they shall be adjoining ; and no county shall bo divided in forming a district. 7. The first election for senators and representatives shall be held on the first Thursday in August, one thousand eight hundred and thirty- five ; and for ever thereafter, elections for members of the general assem- bly shall be held once in two years, on the first Thursday in August ; said elections shall terminate the same day. 8. The first session of the general assembly shall commence on the first Monday in October, one thousand eight hundred and thirty-five ; and for ever thereafter, the general assembly shall meet on the first Monday in October next ensuing the election. 9. No person shall be a representative, unless he shall be a citizen 6f the United States of the age of twenty-one years, and shall have been a citizen of this state for three years, and a resident in the county he represents one year immediately preceding the election. 10. No person shall be a senator unless he shall be a citizen of the United States, of the age of tliirty years, and shall have resided three years in this state, and one year in the county or district;, immediately preceding the election. No senator or representative shall, during the time for which he was elected, be eligible to any olfice or place of trust, the appointment to which is vested in the executive or the general assembly, except to the office of trustee of a literary institution. 11. The senate and house of representatives, when assembled, shall each choose a speaker and its other officers, be judges of the qualifica- tions and election of its members, and sit upon its own adjournments from day to day. Two-thirds of each house shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorized by law to compel the attendance of absent members. 12. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two- thirds, expel a member, but not a second time for the same offence ; and shall have all other powers necessary for a branch of the legislature of a free state. 13. Senators and representatives shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the ses- sion of the general assembly, and in going to and returning from the same ; and, for any speech or debate in either house, they shall not be questioned in any other place. 14. Each house may punish by imprisonment, during its session, any person not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behaviour in its presence. 15. When vacancies happen in either house, the governor for the time being shall issue writs of election to fill such vacancies. 1 6. Neither house shall, during its session, adjourn without consent c;f the other for more than three days, nor to any other place than that m which the two liouses shall be sitting. TENNESSEE. 247 17. Bills may originate in either house, but may be amended, altered, or rejected, by the other. 18. Every bill shall be read once on three different days, and be passed each time in the house where it originated, before transmission to the other. No bill shall become a law, until it shall be read and passed on three different days in each house, and be signed by the respective speakers. 1 9. Afler a bill has been rejected, no bill containing the same substance shall be passed into a law during the same session. 20. The style of the laws of this state shall be, " Be it enacted by the General Assembly of the State of Tennessee.'^ 21. Each house shall keep a journal of its proceedings, and publish it, except such parts as the welfare of the state may require to be kept secret; the ayes and noes shall be taken in each house upon the final passage of every bill of a general character, and bills making appropria- tions of public moneys ; and the ayes and noes of the members on any question shall, at the request of any two of them, be entered on the journal. 22. The doors of each house and of committees of the whole shall be kept open, unless when the business shall be such as ought to be kept secret. 23. The sum of four dollars per day, and four dollars for every twenty-five miles travelling to and from the seat of government, shall be allowed to the members of the first general assembly, as a compensation for their services. The compensation of the members of the succeeding legislatures shall be ascertained by law ; but no law increasing the com- pensation of the members shall take effect until the commencement of the next regular session after such law shall have been enacted. 24. No money shall be drawn from the treasury, but in consequence of appropriations made by law : and an accurate statement of the re- ceipts and expenditures of the public money, shall be attached to and published with the laws at the rise of each stated session of the general assembly. 25. No person, who heretofore hath been, or may hereafter be, a col- lector or holder of public moneys, shall have a seat in either house of the general assembly, until such person shall have accounted for and paid into the treasury, all sums for which he may be accountable or liable. 26. No judge of any court of law or equity, secretary of state, attorney- general, register, clerk of any court of record, or person holding any office under the authority of the United States, shall have a seat in the general assembly; nor shall any person in this state hold more than one lucrative oflfice at the same time : Provided, that no appointment in the militia, or to the office of justice of the peace, shall be considered a lu- crative office, or operate as a disqualification to a seat in either house of the general assembly. 27. Any member of either house of the general assembly shall have liberty to dissent from, and protest against, any act or resolve which ho may think injurious to the public or to any individual, and to have the reasons for his dissent entered on the journals. 28. All lands liable to taxation, held by deed, grant, or entry, town lots, bank stock, slaves between the ages of twelve and fifty years, and such other property as the legislature may from time to time deem 248 CONSTITUTION OF expedient, shall be taxable. All property shall be taxed according to it* value ; that value to be ascertained in such manner as the legislature shall direct, so that the same shall be equal and unilbrm throughout the state. No one species of property from which a tax may be collected shall be taxed higher than any other species of property of equal value. But the legislature shall have power to tax merchants, pedlers, and privileges, in such manner as they may, from time to time, direct. A tax on white polls shall be laid, in such manner and of such an amount, as may be prescribed by law. 29. The general assembly shall have power to authorize the several counties and incorporated towns in this state, to impose taxes for county and corporation purposes respectively, in such manner as shall be pre- scribed by law ; and all property shall be taxed according to its value, upon the principles established in regard to state taxation. 30. No article manufactured of the produce of this state shall be taxed otherwise than to pay inspection fees. 31. The general assembly shall have no power to pass laws for the emancipation of slaves, without the consent of their owner or owners. AttTICLE 3. § 1. The supreme executive power of this state shall be vested in a governor. 2. The governor shall be chosen by the electors of the members of the general assembly, at the times and places where they shall respectively vote for the members thereof. The returns of every election for governor shall be sealed up, and transmitted to the seat of government, by the returning officers, directed to the speaker of the senate, who shall open and publish them in the presence of a majoritj' of the members of each house of the general assembly. The person having the highest number of votes shall be governor ; but if two or more shall be equal, and highest in votes, one of them shall be chosen governor by joint vote of both houses of the general assembly. Contested elections for governor shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law. 3. He shall be at least thirty years of age, shall be a citizen of the United States, and shall have been a citizen of this state seven years next before his election. 4. The governor shall hold his office for two years, and until his suc- cessor shall be elected and qualified. He shall not be eligible more than six years in any term of eight. 5. He shall be commander-in-chief of the army and navy of this state, and of the militia, except when they shall be called into the service of the United States. 6. He shall have power to grant reprieves and pardons, after conviction, except in cases of impeachment. 7. He shall, at stated times, receive a compensation for his services, wliich shall not be increased or diminished during the period for which he shall have been elected. 8. He may require information in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices. 9. He may, on extraordinary occasions, convene the general assembly j TENNESSEE. 210 by proclamation ; and shall state to them, when assembled, the purposes for which they shall have been convened ; but they shall enter on no legislative business, except that for which they were specially called together. 1 0. He shall take care that the laws be faithfully executed. 11. He shall, from time to time, give to the general assembly infor- mation of the state of the government, and recommend to their consi deration such measures as he shall judge expedient. 12. In case of the removal of the governor from office, or of his death, or resignation, the powers and duties of the office shall devolve on the speaker of the senate ; and in case of the death, removal from office, or resignation of the speaker of the senate, the powers and duties of the office shall devolve on the speaker of the house of representatives. 13. No member of congress, or person holding any office under the United States, or this state, shall execute the office of governor. 14. When any officer, the right of whose appointment is by this constitution vested in the general assembly, shall, during the recess, die, or the office, by the expiration of the term, or by other means, become vacant, the governor shall have the power to fill such vacancy, by grant- ing a temporary commission, which shall expire at the end of the next session of the legislature. 15. There shall be a seal of this state, which shall be kept by the governor, and used by hira officially, and shall be called the Great Seal of the State of Tennessee, 16. All grants and commissions shall be in the name and by the authority of the state of Tennessee, be sealed with the state seal, and signed by the governor. 17. A secretary of state shall be appointed by joint vote of the general assembly, and commissioned during the term of four years : he shall keep a fair register of all the official acts and proceedings of the governor ; and shall, when required, lay the same, and all papers, mi- nutes, and vouchers relative thereto, before the general assembly : and shall perform such other duties as shall be enjoined by law. ARTICLE 4. § 1. Every free white man of the age of twenty-one years, being a citizen of the United States, and a citizen of the county wherein he may offer his vote six months next preceding the day of election, shall be entitled to vote for members of the general assembly, and other civil officers, for the county or district in which he resides : provided, that no person shall be disqualified from voting in any election on account of colour, who is now, by the laws of this state, a competent witness in a court of justice against a white man. All free men of colour shall be exempt from military duty in time of peace, and also from paying a free poll tax. 2. Laws may be passed excluding from the right of suffrage, persons who may be convicted of infamous crimes. 3. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest or summons during their attendance at elections, and in going to and returning from them. 4. In all elections to be made by the general assembly, the members 250 CONSTITUTION OF thereof shall vote viva voce ; and their votes shall be entered on the journal. All other elections shall be by ballot. ARTICLE 5. § 1. The house of representatives shall have the sole power of im- peachment. 2. All impeachments shall be tried by the senate ; when sitting for that purpose, the senators shall be upon oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the senators sworn to try the officer impeached. 3. The house of representatives shall elect, from their ovm body, three members, whose duty it shall be to prosecute impeachments. No impeachment shall be tried until the legislature shall have adjourned sine die, when the senate shall proceed to try such impeachment. 4. The governor, judges of the supreme court, judges of inferior courts, chancellors, attorneys for the state, and secretary of state, shall be liable to impeachment, whenever they may, in the opinion of the house of representatives, commit any crime in their official capacity, which may require disqualification ; but judgment shall only extend to removal from office, and disqualification to fill any office thereafter. The party shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law. 5. Justices of the peace, and other civil officers, not hereinbefore mentioned, for crimes or misdemeanors in office, shall be liable to in- dictment in such courts as the legislature may direct ; and upon con- viction, shall be removed from office, by said court, as if found guilty on impeachment ; and shall be subject to such other punishment as may be prescribed by law. ARTICLE 6. § 1. The judicial power of this state shall be vested in one supreme court, in such inferior courts as the legislature shall from time to time ordain and establish, and the judges thereof and in justices of the peace. The legislature may also vest such jurisdiction as may be deemed neces- sary in corporation courts. 2. The supreme court shall be composed of three judges, one of whom shall reside in each of the grand divisions of the state ; the concurrence of two of said judges shall in every case be necessary to a decision. The jurisdiction of this court shall be appellate only, under such re- strictions and regulations as may from time to time be prescribed by law ; but it may possess such other jurisdiction as is now conferred by law on the Resent supreme court. Said courts shall be held at one place, and at one place only, in each of the three grand divisions in the state. 3. The general assembly shall, by joint vote of both houses, appoint judges of the several courts of law and equity ; but courts may be established to be holden by justices of the peace. Judges of the supreme court shall be thirty-five years of age, and shall be elected for the term of twelve years. 4. The judges of such inferior courts as the legislature may establish, shall be thirty years of age, and shall be elected for the term of eight years. 5. The legislature shall elect attorneys for t^ie state, by joint vote of TENNESSEE. 251 both houses of the general assembly, who shall hold their offices for the term of six years. In all cases where an attorney for any district fails or refuses to attend, and prosecute according to law, the court shall have power to appoint an attorney pro tempore. 6. Judges and attorneys for the state, may be removed from office by a concurrent vote of both houses of the general assembly, each house voting separately ; but two-thirds of all the members elected to each house must concur in such vote : the vote sliall be determined by ayes and noes, and the names of the members voting for or against the judge or attorney for the state, together with the cause or causes of removal, shall be entered on the journals of each house respectively. The judge or attorney for the state, against whom the legislature may be about to proceed, shall receive notice thereof, accompanied with a copy of the causes alleged for his removal, at least ten days before the day on which either house of the general assembly shall act thereupon. 7. The judges of the supreme and inferior courts, shall, at stated times, receive a compensation for their services, to be ascertained by law, which shall not be increased or diminished, during the time for wliich they are elected. Thoy shall not be allowed any fees or perquisites of office, nor hold any other office of trust or profit under this state or the United States. 8. The jurisdiction of such inferior courts, as the legislature may from time to time establish, shall be regulated by law. 9. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law. 10. The judges or justices of such inferior courts of law as the legis- lature may establish, shall have power, in all civil cases, to issue writs of certiorari to remove any cause or transcript thereof, from any inferior jurisdiction, into said court on sufficient cause supported by oath or affir- mation. 11. No judge of the supreme or inferior courts, shall preside on the trial of any cause, in the event of which he may be interested, or where either of the parties shall be connected with him by affinity or consan- guinity, within such degrees as may be prescribed by law, or in which he may have been of counsel, or in which he may have presided in any inferior court, except by consent of all the parties. In case all or any of the judges of the supreme court, shall be thus disqualified from pre- siding on the trial of any cause or causes, the court, or the judges thereof, shall certify the same to the governor of the state, and he shall forthwith specially commission the requisite number of men of law knowledge, for the trial and determination thereof. In case of sickness of any of the judges of the supreme or inferior courts, so that they or any of them are unable to attend, the legislature shall be authorized to make pro- vision by the general laws, that special judges may be appointed to attend said courts. 12. All writs and other process shall run in the name of the state of Tennessee ; and bear test, and be signed by the respective clerks. In- dictments shall conclude, "against the peace ayid dignity of the stated 1 5. Judges of the supreme court shall appoint their clerks, who shall hold their offices for the period of six years. Chancellors (if courts of chancery shall be established) shall appoint their clerks and masters, who shall hold their offices for the period of six years. Clerks of such infe- 262 CONSTITUTION OF rior courts as may be hereafter established, which shall be required to be holden in the respective counties of this state, shall be elected by the qualified voters thereof, for the term of four years ; they shall be re moved from office for malfeasance, incompetency or neglect of duty, in such manner as may be prescribed by law. 14. No fine shall be laid on any citizen of this state, that shall exceed fifty dollars ; unless it shall be assessed by a jury of his peers, who shall assess the fine at the time they find the fact, if they think tha fine should be more than fifty dollars. 15. The dilferent counties in this state shall be laid off as the general assembly may direct, into districts of convenient size, so that the whole number in each county shall not be more than twenty-five, or four for ever)' one hundred square miles. There shall be two justices of the peace and one constable elected in each district, by the qualified voters therein, except districts including county towns, which shall elect three justices and two constables. The jurisdiction of said ofiicers shall be co-extensive with the county. Justices of the peace shall be elected for the term of six, and constables for the term of two years. Upon the removal of either of said officers from the district in which he was elected, his office shall become vacant from the time of such removal. Justices of the peace shall be commissioned by the governor. The le- gislature shall have power to provide for the appointment of an addi- tional number of justices of the peace in incorporated towns. AKTICLE 7. § 1. There shall be elected in each county, by the qualified voters therein, one sheriff, one trustee, and one register; the sheriff and trustee for two years, and the register for four years : provided^ that no person shall be eligible to the office of sheriff more than six years in any term of eight years. There shall be elected for each county, by the justices of the peace, one coroner and one ranger, who shall hold their offices for two years. Said officers shall be removed for malfeasance, or neglect of duty, in such manner as may be prescribed by law. 2. Should a vacancy occur, subsequent to an election, in the office of sheriff, trustee, or register, it shall be filled by the justices ; if in that of the clerks to be elected by the people, it shall be filled by the courts ; and the person so appointed shall continue in office until his successor shall be elected and qualified ; and such office shall be filled by the qualified voters at the first election for any of the county officers. 3. There shall be a treasurer or treasurers appointed for the state, by the joint vote of both houses of the general assembly, who shall hold his or their offices for two years. 4. The election of all officers, and the filling of all vacancies that may happen, by, death, resignation, or removal, not otherwise directed or pro- vided for by this constitution, shall be made in such manner as the legislature shall direct. 5. The legislature shall provide, that the election of the county and other officers by the people, shall not take place at the same time that the general elections are held for members of congress, members of the legislature, and governor. The elections shall commence and terminate on the same day. TENNESSEE. 253 ARTICtB 8. § 1. All militia officers shall be elected by persons subject to military duty, within the bounds of their several companies, battalions, regiments, brigades and divisions, under such rules and regulations as the legisla- ture may, from time to time, direct and establish. 2. The governor shall appoint the adjutant-general and his other staff officers ; the majors-general, brigadiers- general and commanding officers of regiments, shall respectively appoint their staff-officers. 3. The legislature shall pass laws, exempting citizens belonging to any sect or denomination of religion, the tenets of which are known to be opposed to the bearing of arms, from attending private and general musters, ARTICLE 9. § 1. Whereas, ministers of the gospel are, by their profession, dedi- cated to God and the care of souls, and ought not to be diverted from the great duties of their functions ; therefore, no minister of the gospel or priest of any denomination whatever, shall be eligible to a seat in either house of the legislature. 2. No person who denies the being of a God, or a future state of rewards and punishments, shall hold any office in the civil department of this state, 3. Any person who shall, after the adoption of this constitution, fight a duel, or knowingly be the bearer of a challenge to fight a duel, or send or accept a challenge for that purpose, or be an aider or abettor in fight- ing a duel, shall be deprived of the right to hold any office of honour or profit in this state, and shall be punished otherwise, in such manner as the legislature may prescribe, ARTICLE 10. § 1. Every person who shall be chosen or appointed to any office of trust or profit, under this constitution, or any law made in pursuance thereof, shall, before entering on the duties thereof, take an oath to sup- port the constitution of this state, and of the United States, and an oath of office. 2. Each member of the senate and house of representatives shad, before they proceed to business, take an oath or affirmation, to support the constitution of this state, and of the United States, and also the following oath : " I, , do solemnly swear, (or affirm,) that, as a member of this general assembly, I will, in all appointments, vote without favour, affection, partiality, or prejudice ; and that I will not propose or assent to any bill, vote or resolution, which shall appear to me injurious to the people, or consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared by tlie constitution of this state." 3. Any elector who shall receive any gift or reward for his vote, in meat, drink, money, or otherwise, shall suffer such punishment as the laws shall direct. And any person who shall directly or indirectly give, promise, or bestow any such reward to be elected, shall thereby be rendered incapable, for six years, to serve in the office for which he was elected, and be subject to such fui*her punishment as the legislature shall direct. 264 CONSTITUTION OF 4. New counties may be established by the legislature, to consist of not less than three hundred and fifty square miles, and which shall contaiii d population of four hundred and fifty qualified voters. No line of such county shall approach the court-house of any old county from which it may be taken, nearer than twelve miles. No part of a county shall be taken to form a new county or a part thereof, without the consent of a majority of the qualified voters in such part taken off. And in all cases where an old county may be reduced for the purpose of forming a new one, the seat of justice in said old county shall not be removed without the concurrence of two-thirds of both branches of the legisla- ture, nor shall said old county be reduced to less than six hundred and twenty-five square miles : provided, however, that the county of Bedford may be reduced to four hundred and seventy-five square miles ; and there shall not be laid off more than one new county on the west, and one on the east, adjoining the county of the dividing line ; a majority of the qualified voters of said county voting in favour of said division : the counties of Carter, Rhea, and Humphreys shall not be divided into more than two counties each ; nor shall more than one new county be taken out of the territory now composing the counties of Tipton and Dyer ; nor shall the seats of justice in the counties of Rhea, Carter, Tipton, and Dyer be removed, without the concurrence of two-thirds of both branches of the legislature. The county of Sullivan may be reduced below the contents of six hundred and twenty-five square miles, but the line of any new county which may hereafter be laid off shall not approach the county seat of said county nearer than ten miles. The counties of Marion and Bledsoe shall not be reduced below ane thousand qualified voters each, in forming a new county or counties. 5. The citizens who may be included in any new county, shall vote with the county or counties from which they may have been strickerj off, for members of congress, for governor and for members of the general assembly, until the next apportionment of members to the general aissembly after the establishment of such new county. ARTICLK 11. § 1. All laws and ordinances now in force and use in this state, not inconsistent with this constitution, shall continue in force and use until they shall expire, be altered or repealed by the legislature. 2. Nothing contained in this constitution shall impair the validity of any debts or contracts, or affect any rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice. 3. Any amendment or amendments to this constitution may be pro- posed in the senate or house of representatives ; and if the same shall be agreed to by a majority of all the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays thereon, and referred to the general assembly then next to be chosen : and shall be published for six months previous to the time of making such choice. And if in the general assembly next chosen as aforesaid, such proposed amendment or amend- ments shall be agreed to by two-thirds of all the members elected to each house, then it shall be the duty of the general assembly to submit such proposed amendment or amendments to the people, in such manner, and at i?uch time, as the general assembly shall prescribe. And if the people TENNESSEE. 255 shall approve and ratify such amendment or amendments, by a majority of all the citizens of the state voting for representatives, voting in their favour, such amendment or amendments shall become part of this con- stitution. When any amendment or amendments to the constitution shall be proposed in pursuance of the foregoing provisions, the same shall at each of the said sessions be read three times on three several days in each house. The legislature shall not propose amendments to the constitution oftener than once in six years. 4. The legislature shall have no power to grant divorces, but may authorize the courts of justice to grant them for such causes as )nay be specified by lavy : provided, that such laws be general and uniform in their operation throughout the state. 5. The legislature shall have no power to authorize lotteries for any purpose, and shall pass laws to prohibit the sale of lottery tickets in this state. 6. The legislature shall fix the rate of interest ; and the rate so established shall be equal and uniform throughout the state. 7. The legislature shall have no power to suspend any general law for the benefit of any particular individual, nor to pass any law for the benefit of individuals inconsistent with the general laws of the land; nor to pass any law granting to any individual or individuals, rights, privileges, immunities, or exemptions, other than such as may be, by the same law, extended to any member of the community, who may be able to bring himself within the provisions of such law : provided always, the legis- lature shall have power to grant such charters of corporation as they may deem expedient for the pubUc good. 8. The legislature shall have the right to vest such powers in the courts of justice, with regard to private and local aflfairs, as may be deemed expedient. 9. A well regulated system of internal improvement is calculated to develope the resources of the state, and promote the happiness and prosperity of her citizens ; therefore it ought to be encouraged by the general assembly. 1 0. Knowledge, learning, and virtue, being essential to the preserva- tion of republican institutions, and the diffusion of the opportunities and advantages of education throughout the different portions of the state, being highly conducive to the promotion of this end ; it shall be the duty of the general assembly in all future periods of this government, to cherish literature and science. And the fund called the common school fund, and all the lands and proceeds thereof, dividends, stocks, and other property of every description whatever, heretofore by law appropriated by the general assembly of this state for the use of common schools, and all such as shall hereafter be appropriated, shall remain a perpetual fiend, the principal of which shall never be diminished by legislative appro- priation, and the interest thereof shall be inviolably appropriated to the support and encouragement of common schools throughout the state, and for the equal benefit of all the people thereof; and no law shall be made authorizing said fund, or any part thereof, to be diverted to any other use than the support and encouragement of common schools : and it shall be the duty of the general assembly, to appoint a board of com- missioners, for such term of time as they may think proper, who shall have the general superintendence of said fund, and who shall make a 256 CONSTITUTION OF -eport of the condition of the same, from time to time, under such rules, -egulations, and restrictions as may be required by law; provided, that if at any time hereafter a division of the public lands of the United States, or of the money arising from the sales of such lands, shall be made among the individual states, the part of such lands, or money coming to this state, shall be devoted to the purposes of education and internal improvement ; and shall never be applied to any other purpose. 11. The above provisions shall not be construed to prevent the legis- lature from carrying into effect any laws that have been passed in favour of the colleges, universities, or academies, or from authorizing heirs or distributees to receive and enjoy escheated property, under such rules and regulations as from time to time may be prescribed by law. 12. The declaration of rights hereto prefixed, is declared to be a part of the constitution of this state, and shall never be violated on any pre- tence whatever. And to guard against transgression of the high powers we have delegated, we declare that every thing in the bill of rights con- tained, is excepted out of the general powers of government, and shall for ever remain inviolate. SCHEDULE. § 1. That no inconvenience may arise from a change of the consti- tution, it is declared, that all oflBcers, civil and military, shall continue to hold their offices ; and all the functions appertaining to the same shall be exercised and performed according to the existing laws and consti- tution, until the end of the first session of the general assembly, which shall sit under this constitution, and until the government can be reor- ganized and put into operation under this constitution, in such manner as the first general assembly aforesaid shall prescribe, and no longer. 2. The general assembly which shall sit after the first apportionment of representation under the new constitution, to wit: in the year one thousand eight hundred and forty-three, shall, within the first week after the commencement of the session, designate and fix the seat of govern- ment ; and when so fixed, it shall not be removed, except by the consent of two-thirds of the members of both houses of the general assembly. The first and second sessions of the general assembly under this consti- tution shall be held in Nashville. S'. Until a land office shall be opened, so as to enable the citizens south and west of the congressional reservation line, to obtain titles upon their claims of occupancy, those who hold lands by virtue of such claims, shall be eligible to serve in all capacities where a freehold is, by the laws of the state, made a requisite qualification. Done in convention at Nashville, this thirtieth day of August, one thousand eight hundred and thirty-four, and of the independence of the United States of America the fifty-ninth. In testimony whereof, we have hereunto subscribed our names. WILLIAM B. CARTER, President. Robert Allen, Robert M. Burton, Hugh C. Armstrong, Willie Blount, Adam R. Alexander, Maclin Cross, Richard Bradshaw, Newton Cannon, TENNESSEE. 257 William I^edbetter, William H. Loving, Abraham McCIellan, Robert J. McKinney, William G. Childress, Terry ^. Cahal, Robert L. Cobbs, Richard Cheatham, Burchett Douglass, Francis B. Fogg, Gray Garrett, James Gillespy, Boiling Gordon, James Gray, Callaway Hodges, Isaac Hill, Adam Huntsman, West H. Humphreys, Nelson I. Hess, John Kelly, Andrew A. Kincannon, Joseph Kincaid, Peter Kendall, Bradley Kimbrough, Joseph A. Mabry, John M'Gaughey, John Montgomery, George W. L. Marr, John Neil, Richard Nelson, Thomas C. Porter, John Purdy, William C. Roadman, George W. Richardson, Henry Ridley, Julius C. N. Robertson, Matthew Stephenson, William T. Senter, James W. Smith, William C. Smartt, Henry Sharp, James Scott, Ennis Ury, John Whitson, Isaac Walton, John J. White, Jonathan Webster, Robert Weakley. William K. Hill, Secretary, ORDINANCE. I. Ordered, That it shall be the duty of the several officers of this state, authorized by law to hold elections for members of the general as- sembly, to open and hold an election, at the places of holding elections for members to the general assembly, in their respective counties, on the first Thursday and Friday in March next, for the purpose of receiving the votes of such qualified voters as may desire to vote for the adoption or rejection of this amended constitution : provided, that no person shall be deemed a qualified voter in said election, except such as are included within the provisions of the first section of the fourth article of this amended constitution. n. Ordered, That it shall be the duty of said returning officers in each county in this state, to prepare poll books, which shall be opened on said days of election, and in which shall be enrolled the name of each voter by the assistance of clerks, who shall be appointed and sworn as clerks in other elections. Said officers shall prepare a ballot box, in which shall be placed the ticket of each voter. Each ticket shall have written thereon the words, "■ I ratify the amended constitution :" or if the voter is opposed to it, " I reject the amended constitution :" or the words " Ratification" or " Rejection," or some such words as will distinctly convey the intention of the voter. The justices of the several county courts in this state, at some time previous to the day of said election, ehall appoint three inspectors for each precinct ; and in case of failure T 2 258 CONSTITUTION OF of the courts to appoint inspectors, then said returning officers shall ap- point them. It shall be the duty of said returning officers, in presence of the said inspectors, to count the votes given for the ratification and rejection of the constitution, of which they shall keep a true and correct estimate in said poll book. Said returning officer shall deposit the ori- ginal poll books of said election with the clerk of the county court in their respective counties, and shall within five days after said election, make out duplicate statements of the number of votes in their respective counties for ratifying and rejecting the constitution ; and shall forward by mail one of said certificates to the governor, one to the secretary of state, and shall likewise deposit one with the clerk of the county court. It shall be the duty of said several clerks carefully to examine the said poll books, and forthwith to certify to the secretary of state, a full, true, and perfect statement of the number of votes taken for and against the constitution, as appears from the poll books, filed in their office. Should said returning officers, or any of them, fail to make returns in due time, as above directed, the secretary of state shall then be authorized to despatch a special messenger for the purpose of obtaining a certified copy of the result of said elections. III. Ordered, That upon the receipt of the said returns, it shall be the duty of the governor, secretary of state, and any one of the judges of the supreme court, or any two of the said named officers, to compare the votes given in said election for the ratification and rejection of the amended constitution ; and if it shall appear from said returns, that a majority of all the votes given in said election, is for ratifying the amended constitution, then it shall be the duty of the governor forth- with to make proclamation of that fact, and thenceforth this amended constitution shall be ordained and established as the constitution of the state of Tennessee. It shall moreover be the duty of the governor, in and by said proclamation, to command the sheriffs and other officers di- rected by law to hold and superintend elections, to open the polls of elections at the places of holding elections for members of the genera! assembly in their respective counties, on the first Thursday in August one thousand eight hundred and thirty-five, for the purpose of electing a governor, and for the election of senators and representatives to the general assembly of this state from the several districts and counties, as mentioned and described in this ordinance, at which time and places elec- ' tions shall also be held for members of congress ; and said officers shall make returns of said elections under the same rules and regulations as are now required by the existing laws. And it shall be the duty of the secretary of state to record the returns made from each county or dis- trict, and the result of said election, in a bound book to be preserved in his office. IV. Be it further ordered, That if any sheriff or other acting offi- cer shall fail, within the time prescribed by this ordinance, to discharge any of the duties hereby required, such sheriff or other returning officer so failing as aforesaid, shall forfeit and pay the sum of five thousand dollars, to be recovered by action of debt in any of the courts of record in this state ; to be sued for in the name of the governor, for the use and benefit of common schools. v. JSe it further ordered. That until the first enumeration and ai>' 'portionment of representation in one thousand eight hundred and forty TENNESSEE. 259 one, as directed by the amended constitution, the following districts shall be formed, each of which shall elect one senator, and the polls of elec- tion shall be compared at the several places herein mentioned, on the first Monday succeeding the day of election ; to wit : The counties of Carter, Sullivan and Washington, shall form one dis- trict ; and the polls shall be compared in the town of Jonesborough. The counties of Greene and Hawkins, shall compose one district ; and the polls shall be compared in the town of Greenville. The counties of Cocke, Sevier, Jefferson and Blount, shall form ono district ; and the polls shall be compared in the town of Sevierville. The counties of Grainger, Claiborne, Campbell, Anderson and Mor- gan, shall compose one district ; and the polls shall be compared at the house of Robert Glenn, Esq., in Campbell county. The counties of Knox and Roane shall form one district ; and the polls shall be compared at Campbell's Station. The counties of Munroe and McMinn shall compose one district ; and the polls shall be compared in the town of Athens. The counties of Rhea, Bledsoe, Marion and Hamilton, shall compose one district; and the polls shall be compared at the town of Dallas. The counties of Warren and Franklin shall compose one district ; and the polls shall be compared at Hillsborough. The counties of Overton, Jackson, Fentress and White, shall compose one district ; and the polls shall be compared at Livingston. The counties of Lincoln and Giles shall compose one district; and the polls shall be compared at the house of John Kennedy. The counties of Smith and Summer shall compose one district ; and the polls shall be compared at Hartsville. The county of Bedford shall compose one district ; and the polls shall be compared at Shelby ville. The county of Maury shall compose one district ; and the polls shall be compared in Columbia. The county of Rutherford shall compose one district ; and the polls shall be compared in Murfreesborough. The county of Davidson shall compose one district ; and the polla shall be compared in the city of Nashville. The county of Williamson shall compose one district; and the polls shall be compared in the town of Franklin. The counties of Lawrence, Wayne and Hickman, shall compose one district ; and the polls shall be compared at Catron and Napier's Furnace. The counties of Dickson, Stewart and Humphreys, shall compose one district ; and the polls shall be compared at Simmons' old place on Yel- low Creek. The counties of Robertson and Montgomery shall compose one dis- trict; and the polls shall be compared at Port Royal. The county of Wilson shall compose one district ; and the polls shall be compared in Lebanon. The counties of Hardeman, Fayette and Shelby, shall compose one district ; and the polls shall be compared in Sommerville. The counties of Madison, Haywood and Tipton, shall compose one district; and the polls shall be compared in Brownsville. The counties of Carroll, Gibson and Dyer, shall compose one district and the polls shall be compared in Trenton. 260 CONSTITUTION OF The counties of Henry, Weakley and Obion, shall compose one dis- trict ; and the polls shall be compared in Dresden. The counties of Henderson, Perry, M'Nairy and Hardin, shall com- pose one district ; and the polls shall be compared at the house of James Wright, in Hardin county. And until said enumeration and apportionment of one thousand eight hundred and forty-one, the counties of Carter, Sullivan, Washington, Greene, Hawkins, Cocke, Sevier, Jefferson, Blount, Grainger, Claiborne, Knox, Roane, Monroe, M'Minn, Rhea and Bledsoe, shall each elect one representative ; and the polls shall be compared at their respective court- houses. The counties of Sullivan and Hawkins shall jointly elect one repre- sentative ; and shall compare the polls at Kingsport. The counties of Greene and Washington shall jointly el»ct one representative ; and the polls shall be compared at the house of Joshua Royston, Esq. The counties of Knox and Roane shall jointly elect one representative ; and the polls shall be compared at Campbell's station. The counties of Monroe and M'Minn shall jointly elect one represen- tative, and the polls shall be compared at Athens. The counties of Campbell, Anderson and Morgan, shall jointly elect two representatives ; and the polls shall be compared at the house of James Ross, Esq., in Anderson county. The counties of Marion and Hamilton shall jointly elect one repre- sentative : and the polls shall be compared at Dallas. The counties of Warren, Franklin, Bedford, Lincoln, Giles, Maury, Rutherford, Williamson, Davidson, Wilson, Smith and Sumner, shall each elect two representatives ; and the polls shall be compared at their respective court-houses. The counties of Lawrence, Wayne, Hickman, Dickson, Humphreys, Montgomery, Stewart, Robertson, Overton, Jackson, Fentress, White, Hardin, McNairy, Hardeman, Fayette, Shelby, Perry, Henderson, Madi- son, Haywood, Tipton, Carroll, Gibson, Henry and Weakley, shall each elect one representative ; and the polls shall be compared at their re- spective court-houses. The counties of Obion and Dyer shall jointly elect one representative ; and the polls shall be compared at the house of William Terrel, Esq., in Dyer county. The returns of the elections for representatives, shall be made at the several places herein pointed out, on the first Saturday succeeding the day of election. WILLIAM B. CARTER, Presiderit. Attest, William K. Hill, Secretary, OHIO. 261 CONSTITUTION OF OHIO Done in Convention, begun and held at Chillicothe, on JVIonday, the ist of J\'ove7nber., A. D. 1802, and of the independence of the Uni» ted States the 27th. We, the people of the eastern division of the territory of the United States northwest of the river Ohio, having the right of admission into the general government, as a member of the Union consistent with the constitution of the United States, the ordinance of congress of one thou- sand seven hundred and eighty-seven, and the law of congress, entitled " An act to enable the people of the eastern division of the territory of the United States, northwest of the river Ohio, 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 for other purposes ;" in order to establish justice, promote the welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish the follow- ing constitution or form of government, and do mutually agree with each other to form ourselves into a free and independent state, by the name of The State of Ohio. § 1. The legislative authority of this state shall be vested in a gene- ral assembly, which shall consist of a senate and house of representa- tives, both to l»e elected by the people. 2. Within one year after the first meeting of the general assembly, and within every subsequent term of four years, an enumeration of all the white male inhabitants above twenty-one years of age shall be made, in such manner as shall be directed by law. The number of representa- tives shall, at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the several counties, accord- ing to the number of white male inhabitants of above twenty-one years of age in each ; and shall never be less than twenty-four nor greater than thirty-six, until the number of white male inhabitants of above twenty- one years of age shall be twenty-two thousand ; and after that event, at 6uch ratio that the whole number of representatives shall never be less than thirty-six, nor exceed seventy-two. 3. The representatives shall be chosen annually, by the citizens of each county respectively, on the second Tuesday of October. 4. No person shall be a representative who shall not have attained the age of twenty-five years, and be a citizen of the United States, and an inhabitant of this state ; shall also have resided within the limits of the county in which he shall be chosen, one year next preceding his elec- tion, unless he shall have been absent on the pubUc business of the Uni- ted States, or of this state, and shall have paid a state or county tax. 5. The senators shall be chosen biennially, by qualified voters for re- presentatives ; and, on their being convened in consequence of the first election, they shall be divided by lot from their respective counties oi districts, as near as can be, into two classes ; the seats of the senators of 262 CONSTITUTIOr\ OF the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year ; so that one-half thereof, as near as possible, may be chosen annually^ for ever thereafter. 6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature and apportion etl among the several counties or districts to be established by law, ac- cording to the number of white male inhabitants of the age of twenty- one years in each, and shall never be less than one-third nor more than o le-half of the number of representatives. 7. No person shall be a senator who has not arrived at the age of thirty years, and is a citizen of the United States ; shall have resided two years in the district or county immediately preceding the election, unless he shall have been absent on the public business of the United States, or of this state, and shall moreover have paid a state or county tax. 8. The senate and house of representatives, when assembled, shall each choose a speaker and its other officers, be judges of the qualifica- tions and elections of its members, and sit upon its own adjournments ; two-thirds of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attend- ance of absent members. 9. Each house shall keep a journal of its proceedings, and publish them. The yeas and nays of the members, on any question, shall, at the desire of any two of them, be entered on the journals. 10. Any two members of either house shall have liberty to dissent from and protest against any act or resolution which they may think in- jurious to the public or any individual, and have the reasons of their dis- sent entered on the journals. 11. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the concurrence 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. 12. When vacancies happen in either house, the governor or the per- son exercising the power of the governor shall issue writs of election to fill such vacancies. 13. Senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the ses- sion of the general assembly, and in going to and returning from the same ; and for any speech or debate, in either house, they shall not be questioned in any other place. 14. Each house may punish, by imprisonment, during their session, any person, not a member, who shall be guilty of disrespect to the house, Dy any disorderly or contemptuous behaviour in their presence : provided such imprisonment shall not, at any one time, exceed twenty-four hours. 15. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as, in the opinion of the house, require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting. 16. Bills may originate in either house, but may be altered, amended, or T'=jected by the other. 17. Every bill shall be read on three dififcrent days, in each hous^ OHIO. 263 unle&s, in case of urgency, three-fourths of the house where such bill is so depending shall deem it expedient to dispense with this rule ; and every bill having passed both houses, shall be signed by the speakers of their respective Ivouses. 18. The style of the laws of this state shall be, " Be it enacted by the general assemblij^of the sti.te of Ohio." 19. The legislature of this state shall not allow the following officers of government greater annual salaries than as follows, until the year one thousand, eight hundred and eight, to wit; the governor not more than one thousand dollars ; the judges of the supreme court not more than one thousand dollars each ; the presidents of the courts of common pleas not more than eight hundred dollars each ; the secretary of state not more than five hundred dollars ; the auditor of public accounts not more than seven hundred and fifty dollars ; the ti-easurer not more than four hun- dred and fifty dollars ; no member of the legislature shall receive more than two dollars per day during his attendance on the legislature, nor more for every twenty-five miles he shall travel in going to and return- ing from the general assembly. 20. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office under this state, which shall have been created, or the emoluments of which shall have been increased, during such time. 21. No money shall be drawn from the treasury but in consequence of appropriations made by law. 22. An accurate statement of the receipts and expenditures of the pub- lic moneys shall be attached to and published with the laws, annually. 23. I'he house of representatives shall have the sole power of im- peaching, but a majority of all the members must concur in an impeach- ment. All impeachments shall be tried by the senate, and when sitting for that purpose, they shall be on oath or affirmation to do justice accord- ing to law and evidence ; no person shall be convicted without the con- currence of two-thirds of all the senators. .^ 24. The governor and all other civil officers under this state shall be liable to impeachment for any misdemeanour in office ; but judgment, in such cases, shall not extend further than removal from office, and dis- qualification to hold any office of honour, 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. 25. The first session of the general assembly shall commence on the first Tuesday of March next ; and for ever after the general assembly shall meet on the first Monday in December in evei-y year, and at no other period, unless directed by law, or provided for by this constitution. 26. No judge of any court of law or equity, secretary of state, attorney- general, register, clerk of any court of record, sheriff or collector, member of either house of congress, or person holding any lucrative office under the United States, or this state, provided that the appointments in the militia, or justices of the peace, shall not be considered lucrative offices, shall be eligible as a candidate for, or have a seat in, the general as- sembly. 27. No person shall be appointed to any office within any county who shall not have been a citizen and inhabitant therein one year next be- fore his appomtment, if the comity shall have been so long erected ; but ^64 CONSTITUTION OF if the county shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. 28. No person who heretofore hath been, or hereafter may be, a col- lector or holder of the public moneys, shall have a seat in cither house of the general assembly, until such person shall have accounted for and paid into the treasury all sums for which he may be accountable or liable. ARTICLE 2. § 1. The supreme execxitive power of this state shall be vested in a governor. 2. The governor shall be chosen by the electors of the memuers of the general assembly, on the second Tuesday of October, at the same places and in the same manner that they shall respectively vote for mem- bers thereof. The returns of every election for governor shall be sealed up and transmitted to the seat of government, by the returning officers, directed to the speaker of the senate, who shall open and publish them in the presence of a majority of the members of each house of the gene- ral assembly ; 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 joint ballot of both houses of the general assembly. Contested elections for governor shall be deter- mined by both houses of the general assembly, in such manner as shall be prescribed by law. 3. The first governor shall hold his office until the first Monday of September, one thousand eight hundred and five, and until another governor shall be elected and qualified to office ; and for ever after, the governor shall hold his office for the term of two years, and until an- other governor shall be elected and qualified ; but he shall not be eligible more than six years in any term of eight years. He shall be at least thirty years of age, and have been a citizen of the United States twelve years, and an inhabitant of tliis state four years next preceding his elec- tion. 4. He shall, from time to time, give to the general assembly informa- tion of the state of the government, and recommend to their consideration such measures as he shall deem expedient. 5. He shall have the power to grant reprieves and pardons, after con- viction, except in cases of impeachment. 6. The governor shall, at stated times, receive for his services a com- pensation, which shall neither be increased nor diminished during the term for which he shall have been elected. 7. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of (fheii respective offices, and shall take care that the laws be faithfully executed. 8. When an officer, the right of whose appointment is, by this con- stitution, vested in the general assembly, shall, during the recess, die, or his oflice by any means become vacant, the governor shall have power to fill such vacancy, by granting a commission, which shall expire at the end of the next session of the legislature. 9. He may, on extraordinary occasions, convene the general assembly by proclamation, and shall state to them, when assembled, the purpose for which they shall have been convened. , OHIO. 2G5 10. He shall be commander-in-chief of the army and navy of this «!r.ate, and of the militia, except when they shall be called into the service of tlie United States. 11. In cases of disagreement between the two houses, with respect to !,he time of adjournment, the governor shall have the power to adjourn the general assembly to such time as he thinks proper, provided it be not a period beyond the annual meeting of the legislature. 12. In case of the death, iinpeachnicnt, resignation, or the removal of the governor from oHice, the speaker of the senate shall exercise the office of governor until he be acquitted, or another governor shall be duly qualified. In ame of impeachment of the speaker of the senate, or his death, removal from office, resignation, or absence from the state, the speaker of the house of representatives shall succeed to the oflice, and exercise the duties thereof, until a governor shall be elected and qualified. 13. No member of congress, or person holding any office under the United States, or this state, shall execute the office of governor. 14. There shall be a seal of the state, which shall be kept by the governor, and used by him officially, and shall be called the great seal of the state of Ohio. 15. All grants and commissions shall be in the name and by the au- thority of the state of Ohio, sealed with the seal, signed by the gover- nor, and countersigned by the secretary. 16. A secretary of state shall be appointed by a joint ballot of the senate and house of representatives, who shall continue in office three years, if he shall so long behave himself well. He shall keep a fair register of all the ofhcial acts and proceedings of the governor ; and shall, when required, lay the same, and all papers, minutes, and vouchers, rela- tive thereto, before either branch of the legislature, and shall perform such other duties as shall be assigned him by law. articlj: 3. § 1. The judicial power of this state, both as to matters of law and equity, shall be vested in a supreme court, in courts of common pleas for each county, in justices of the peace, and in such other courts as the legis- lature may from time to time establish. 2. The supreme court shall consist of three judges, any two of whom shall be a quorum. They shall have original and appellate jurisdiction, both in common law and chancery, m such cases as shall be directed by law : provided, that nothing herein contained shall prevent the general assembly from adding another judge to the supreme court after the term of five years, in which case the judges may divide the state into two circuits, within which any two of the judges may hold a court. 3. The several courts of common pleas shall consist of a president and associate judges. The state shall be divided by law into three cir- cuits : there shall be appointed in each circuit a president of the courts, who, during his continuance in office, shall reside therein. There shall be appointed in each county not more than three nor less than two as- sociate judges, who, during their continuance in office, shall reside there- in. The president and associate judges, in their respective counties, any three of whom shall be a quorum, shall compose the court of common pleas, which court shall have common law and chancery jurisdiction, in all such cases as shall be directed by law ; provided, that nothing herein 266 CONSTITUTION OF contained shall be construed to prevent the legislature from increasing the number of circuits and presidents after the term of five years. 4. The judges of the supreme court and court of common pleas, shall have complete criminal jurisdiction in such cases and in such manner as m.iy be pointed out by law^. 5. The court of common pleas in each county shall have jurisdiction of all probate and testamentary matters, granting administration, and the appointment of guardians, and such other cases as shall be prescribed by law^. 6. The judges of the court of common pleas shall, within their respec- tive counties, have the same powers with the judges of the supreme court, to issue writs of certiorari to the justices of the peace, and cause their proceedings to be brought before them, and the like right and jus- tice to be done. 7. The judges of the supreme court shall, by virtue of their offices, be conservators of the peace throughout the state. The presidents of the court of common pleas shall, by virtue of their offices, be conservators of the peace in their respective circuits, and the judges of the court of common pleas shall, by virtue of their offices, be conservators of the peace in their respective counties. 8. The judges of the supreme court, the presidents, and the associate judges of the courts of common pleas, shall be appointed by a joint bal- lot of both houses of the general assembly, and shall hold their offices foi the term of seven years, if so long they behave well. The judges of the supreme court, and the presidents of the courts of common pleas, shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office ; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under the authority of this state or the United States. 9. Each court shall appoint its own clerk, for the term of seven years ; but no person shall be appointed clerk, except pro tempore, who shall not produce to the court appointing him a certificate from a majority of the judges of the supreme court, that they judge him to be well qualified to execute the duties of the office of clerk to any court of the same dignity with that for which he offers himself. They shall be removable for breach of good behaviour, at any time, by the judges of the respective courts. 10. The supreme court shall be held once a year, in each county ; and the courts of common pleas shall be holden in each county at such times and places as shall be prescribed by law. 1 1. A competent number of justices of the peace shall be elected by the qualified electors in each township in the several counties, and shall continue in office three years ; whose powers and duties shall from time to time be regulated and defined by law. 12. The style of all process shall be, The state of Ohio ; and all prose- cutions shall be carried on in the name and by the authority of the state of Ohio ; and all indictments shall conclude against the peace and digj nity of the same. O U I (). 267 AKTICLE 4. ^ 1. In all elections, all white male inhabitants, above tne age of twenty-one years, having resided in the state one year next preceding the election, and who have paid, or are charged with, a state or county tax, shall enjoy the right of an elector ; but no person shall be entitled to votf>, except in the county or district in which he shall actually reside at the time of the election. ". All elections shall be by ballot. 3. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from them. 4. The legislature shall have full power to exclude from the privilege of electing, or being elected, any person convicted of bribery, perjury, or any other infamous crime. 5. Nothing contained in this article shall be so construed as to pre- vent white male persons, above the age of twenty-one years, who are compelled to labour on the roads of their respective townships or coun- ties, who have resided one year in the state, from having the right of an elector. ARTICLE 5. § 1. Captains and subalterns in the militia shall be elected by those persons in their respective company districts subject to military duty. 2. Majors shall be elected by the captains and subalterns of the bat- talion. 3. Colonels shall be elected by the majors, captains, and subalterns of the regiment. 4. Brigadiers-general shall be elected by the commissioned officers of their respective brigades. 5. Majors-general and quarter-masters-general shall be appointed by joint ballot of both houses of the legislature. 6. The governor shall appoint the adjutant-general. The majors- general shall appoint their aids, and other division officers. The briga- diers their majors ; the brigade-majors their staff officers ; commanders of regiments shall appoint their adjutants, quarter-masters, and other regi- mental staff officers ; and the captains and subalterns shall appoint their non-commissioned officers and musicians. 7. The captains and subalterns of the artillery and cavalry shall be elected by the persons enrolled in their respective corps, and the majors and colonels shall be appointed in such manner as shall be directed by iaw. The colonels shall appoint their regimental staff, and the captains and subalterns their non-commissioned officers and musicians. ARTICLE 6 § 1. There shall be elected in each county one sheriff and one coro- ner, by the citizens thereof who are qualified to vote for members of the assembly : they shall be elected at the time and place of holding elec- tions for members of assembly ; they shall continue in office two years ;f they shall so long behave well, and until successors be chosen and duly qualified : provided, that no person shall be eligible as sheriff for a longer term than four years in any term of six years. 268 CONSTITUTION OF 2. The state treasurer ana auditor shall be trienuially appointed, by a joint ballot of both housca of the legislature. 3. All town and township officers shall bo chosen annually, by the inhabitants thereof duly qualified to vote for members of the assembly, at such time and place as may be directed by law. 4. The appointment of all civil oflicers, not otherwise directed by this constitution, shall be made in such manner as may be directed by law. ARTICLE 7. § 1. Every person who shall be chosen or appointed to any office of trust or prolit under the authority of the state, shall, before entering on the execution thereof, take an oath or affirmation to support the consti- tution of the United States and this state, and also an oath of office. 2. Any elector who shall receive any gift or rew^ard for his vote, in meat, drink, money, or otherwise, shall sufler such punishment as the law shall direct ; and any person who shall directly or indirectly give, promise, or bestow any such reward to be elected, shall thereby be rendered incapable for two years to serve in the office for which he was elected, and be subject to such other punishment as shall be directed by law. 3. No new county shall be established by the general assembly which shall reduce the county or counties, or either of them, from which it shall be taken, to less contents than four hundred square miles, nor shall any county be laid off of less contents. Every new county, as to the right of suffrage and representation, shall be considered as a part of the county or counties from which it was taken until entitled by numbers to the right of representation. 4. Chillicothe shall be the seat of government until the year one thousand eight hundred and eight. No money shall be raised until the year one thousand eight hundred and nine, by the legislature of this state, for the purpose of erecting public buildings for the accommodation of the legislature. 5. That, after the year one thousand eight hundred and six, whenever two-thirds of the general assembly shall think it necessary to amend or change this constitution, they shall recommend to the electors, at the next election for members to the general assembly, to vote for or against a convention ; and if it shall appear that a majority of the citizens ot the state, voting for representatives, have voted for a convention, the general assembly shall, at their next session, call a convention, to consist of as many members as there may be in the general assembly, to be chosen in the same manner, at the same places, and by the same elec- tors that choose the general assembly, who shall meet within three months after the said election, for the purpose of revising, amending, or changing the constitution. But no alteration of this constitution shall ever take place, so as to introduce slavery or involuntary servitude into this state. 6. That the limits and boundaries of this state be ascertained, it is declared, that they are as hereafter mentioned — that is to say, bounded on the east by the Pennsylvania line, on the soutli by the Ohio river, to the mouth of the great Miami river : on the west by the line drawn duo north from the mouth of the Great Miami aforesaid ; and ou the north OHIO. 269 by an east and west line, drawn through the southerly extreme of Lake Michigan, running east, after intersecting the due north Hne aforesaid, from the mouth of the great Miami, until it shall intersect Lake Erie, or the territorial line, and thence with the same through Lake Erie to he Pennsylvania line aforesaid : Provided, always, and it is hereby fully understood and declared by this convention, that if the southerly bend or extreme of Lake Michigan should extend so far south, that a line drawn due east from it should not intersect Lake Erie, or if it should intersect the said Lake Erie east of the mouth of the Miami river of the Lake, then, and in that case, with the assent of the congress of the United States, the northern boundary of this state shall be established by, and extended to a direct line, runnmg from the southern extremity of Lake Michigan, to the most northerly cape of the Miami Bay, after intersecting tlie due north line from the mouth of the Great Miami river as aforesaid, thence north-east to the territorial, and by the said territo- rial line to the Pennsylvania line. ARTICLE 8. That the general, great, and essential principles of liberty and free government may be recognised, and for ever unalterably established, we declare, § 1. That all men are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing, and pro- tecting property, and pursuing and obtaining happiness and safety ; and every free republican government, being founded on their sole authority, and organized for the purpose of protecting their liberties, and securing their independence — to elfect these ends they have at all times a com- plete power to alter, reform, or abolish their government, whenever they may deem it necessary. 2. There shall be neither slavery nor involuntary ser\'itude in this state, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted ; nor shall any male person, arrived at the age of twenty-one years, nor female person, arrived at the age of eighteen years, be held to serve any person as a servant under pretence of indenture, or otherwise, unless such person shall enter into such in- denture while in a state of perfect freedom, and on condition of a bona fide consideration, received or to be received for their service, except as before excepted. Nor shall any indenture of any negro or mulatto here- after made and executed, out of this state, or, if made in the state, where the term of service exceeds one year, be of the least validity, except those given in the case of apprenticeships. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences ; that no human authority can in any case whatever control or interfere with the rights of conscience ; that no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent; and that no preference shall ever be given by law to any religious society or mode of worship : and no religious test shall be required as a qualification to any office of trust or profit. But reli- gion, morality, and knowledge, being essentially necessary to the govern- ment, and the happiness of mankind, schools, and the means of instruc- z 2 270 CONSTITUTION OF tion, shall for ever Iw encouraged by legislative provision, not inconsistent with the rights of conscience. 4. Private property ought, and shall ever be held inviolate, but always subservient to the public welfare, provided a compensation i)i money be made to the owner. 5. That the people shall be secure in their persons, houses, papers, and possessions from all unwarrantable searches and seizures ; and that general warrants, whereby an ofhcer may be commanded to search sus- pected places, without probable evidence of the fact committed, or to seize any person or persons not named, whose oflences are not partir^u- larly described, and without oath or aHirmation, are dangerous to liberty, and shall not be granted. 6. That the printing presses shall be open and free to every citizen who wishes to examine the proceedings of any branch of government, or the conduct of any public officer ; and no law shall ever restrain the right thereof. Every citizen has an indisputable right to speak, write, or print upon any subject, as he thinks proper, being liable for the abuse of that liberty. In prosecutions for any publication respecting the OiTicial conduct of men in a public capacity, or where the matter published is proper for public information, the truth thereof may always be given in evidence ; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases. 7. That all courts shall be open, and every person, for any injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law ; and right and justice administered without denial or delay. 8. That the right of trial by jury shall be inviolate. 9. That no power of suspending the laws shall be exercised, unless by the legislature. 10. That no person arrested or confined in jail shall be treated with unnecessary rigour, or be put to answer any criminal charge, but by presentment, indictment, or impeachment. 11. That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the wit- nesses face to face ; to have compulsory process for obtaining witnesses in his favour ; and, in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the county or district in which the oiTence shall'have been committed, and shall not be compelled to give evidence against himself — nor shall he be twice put in jeopardy for the same offence. 12. That all persons shall be bailable by sufficient stircties unless for capital offences, where the proof is evident, or the presumption great, and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may re- quire it. 13. Excessive bail shall not be required, excessive fines shall not be imposed, nor cruel and unusual punishments inflicted. 14. All penalties shall be proportioned to the nature of the offence. No wise legislature will affix the same punishments to the crimes of theft, forgery, and the like, which they do to tho^e of murder and trea OHIO. 271 son. When the same undistinguished severity'is exerted against all oriences, 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 reasons, a multitude of sanguinary laws are both impolitic and unjust ; the true design of all punishments being to reform, not to exterminate mankind. 15. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be pre- scribed by law. 16. No ex post facto law, nor any law impairing the validity of con- tracts, shall ever be made ; and no conviction shall work corruption of blood, or forfeiture of estate. 17. That no person shall be liable to be transported out of this state, for any olTence committed within the state. 18. That a frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty. 1 9. That the people have a right to assemble together, in a peaceable manner, to consult for thtir common good, to instruct their representa- tives, and to apply to the legislature for redress of grievances. 20. That the people have a right to bear arms for the defence of them selves and the state ; and as standing armies in time of peace are dangerous to liberty, they shall not be kept up, and that the military shall be kept under strict subordination to the civil power. 21. That no person in this state, except such as are employed in the army or navy of the United States, or militia in actual service, shall be subject to corporeal punishment under the mihtary law. 22. That no soldier in time of peace be quartered in any house with- out the consent of the owner, nor in time of war, but in the manner prescribed by law. 23. That the levying taxes by the poll is grievous and oppressive ; therefore, the legislature shall never levy a poll tax for county or state purposes. 24. That no hereditary emoluments, privileges, or honours shall ever be granted or conferred by this state. 25. That no law shall be passed to prevent the poor in the several counties and townships within this state, from an equal particnpation in the schools, academies, colleges, and universities within this state, which are endowed, in whole or in part, from the revenue arising from the donations made by the United States for the support of schools and colleges ; and the doors of the said schools, academies, and universities shall be open for the reception of scholars, students, and teachers of every grade, without any distinction or preference whatever, contrary to the intent for which the said donations were made. 26. That laws shall be passed by the legislature which shall secure to each and every denomination of religious societies, in each surveyed township, which now is, or may hereafter be, formed in the state, an equal participation, according to their number of adherents, of the profits arising from the land granted by congress for the support of re- ligion, agreeably to the ordinance or act of congress making the appro- propriation. 27. That every association of persons, when regularly formed within 272 CONSTITUTION OF this state, and having given themselves a name, may, on application to the legislature, be entitled to receive letters of incorporation, to enable them to hold estates, real and personal, for the support of their schools, academies, colleges, universities, and other pur|)oses. 28. To guard against the transgression of the high powers which we have delegated, we declare, that all powers not hereby delegated re- main with the people. SCHEDULE. § 1. That no evils or inconveniences may arise from the change of a territorial government to a permanent state government ; it is declared by this convention that all rights, suits, actions, prosecutions, claims, and contracts, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this government. 2. All fines, penalties, and forfeitures, due and owing to the territory of the United States, north-west of the Ohio River, shall inure to the use of the state. All bonds executed to the governor, or any other officer in his official capacity in the territory, shall pass over to the go- vernor, or the other officers of the state, and their successors in office, for the use of the state, or by him or them to be respectively assigned over to the use of those concerned, as the case may be, 3. The governor, secretary, and judges, and all other officers under the territorial government, shall continue in the exercise of the duties of their respective departments until the said ofiiccrs are superseded under the authority of this constitution. 4. All laws and parts of laws now in force in this territory, not in- consistent with this constitution, shall continue and remain in full effect until repealed by the legislature, except so much of the act entitled •' An act regulating the admission and practice of attorneys and coun- sellors at law ;" and of the act made amendatory thereto, as relates to the term of time which the applicant shall have studied law, liis resi- dence within the territor}'^, and the term of time which he shall have practised as an attorney at law, before he can be admitted to the degree of a counsellor at law. 5. The governor of the state shall make use of his private seal, until a state seal be procured. 6. The president of the convention shall issue writs of election to the sheriffs of the several counties, requiring them to proceed to the elec- tion of governor, members of the general assembly, sheriffs, and coro- ners, at the respective election districts in each county, on the second Tuesday of January next, which elections shall be conducted in the manner prescribed by the existing election laws of this territory ; and the members of the general assembly, sheriffs, and coroners then elect- ed, shall continue to exercise the duties of their respective offices until the next annual or biennial election thereafter, as prescribed in this con- stitution, and no longer. 7. Until the first enumeration shall be made, as directed in the second section of the first article of this constitution, the county of Hamilton shall be entitled to four senators and eight representatives ; the county of Clermont one senator and two representatives ; the county of Adams one senator and three representatives ; the county of Ross, two senators INDIANA. 273 and four representatives ; the county of Fairfield one senator and two representatives ; the county of Washington two senators and three re- presentatives ; the county of Belmont one senator and two representa- tives ; the county of Jefferson two senators and four representatives -, and the county of Trumbull one senator and two representatives. Done in convention, at Chillicothe, on the 29th day of November, ir the year of our Lord 1802, and of the Independence of the United States of America the 27th. In testimony whereof, we have hereunto subscribed our names. EDWARD TIFFIN, President. Jos. Darlington, Israel Donaldson, I'ho. Kerker, James Caldwell, Elijah Woods, Philip Gatch, James Sargent, Henry Abrams, Em. Carpenter, John W. Browne, Charles W. Byrd, Fra. Dunlavy, Wm. Goforth, John Kitchell, Jer. Morrow, John Paul, John M'Intire, John Reilly, John Smith, John Wilson, Rudolph Bear, Geo. Humphrey, John Milligan, Nath. Updegraff, Baz. Wells, Mich. Baldwin, James Grubb, Nath. Massie, T. Worthington, David Abbott, Sam. Huntington, Eph. Cutler, Ben. Ives Gilman, Rufus Putnam. Attest, Tho. Scott, Secretary. CONSTITUTION OF INDIANA. We, the representatives of the people of the territory of Indiana, m convention met, at Cory don, on Monday the 10th day of June, in tht year of our Lord eighteen hundred and sixteen, and of the independence of the United States the fortieth, having the right of admission intc the general government, as a member of the Union, consistent with the constitution of the United States, the ordinance of Congress of one thousand seven hundred and eighty-seven, and the law of Con- gress, entitled " An act to enable the people of Indiana territory tc 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 »rdcr to establish justice, promote the welfare, and secure the blessings 274 CONSTITUTION OF of liberty to ourselves and our posterity, do ordain and establish tho fr»Uowing constitution or form of government, and do mutually agree with each other to form ourselves into a free and independent state, by tho name of The State of Indiana. AHTICLK 1. § 1. That the general, great, and essential principles of liberty and free government may be recognised and unalterably established, we de- clare : that all men are born equally free and independent, and have certain natural, inherent, and unalienable rights ; among which are, the enjoying and defending life and liberty, and of acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety. 2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness : for the advancement of these ends, they have at all times an unalienable and indefeasible right to alter, or reform, their govern- ment, in such manner as they may deem proper. 3. That all men have a natural and indefeasible right to worship Al- mighty God according to the dictates of their own consciences : that no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent : that no human authority can, in any case whatever, control or interfere with the rights of conscience : and that no preference shall ever be given by law to any religious societies or modes of worship ; and no religious test shall be required as a qualification to any office of trust or profit. 4. That elections shall be free and equal. 5. That in all civil cases, where the value in controversy shall exceed the sum of twenty dollars, and in all criminal cases except in petit mis- demeanours, which shall be punishable by fine only, not exceeding three dollars, in such manner as the legislature may prescribe by law, the right of trial by jury shall remain inviolate. 6. That no power of suspending the operation of the laws shall be exercised, except by the legislature or its authority. 7. That no man's particular services shall be demanded, or property taken or applied to public use, without the consent of his representatives, or without a just compensation being made therefor. 8. The rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ; and no warrant shall issue but upon probable cause, sup- ported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. 9. That the printing presses shall be free to every person who under- takes to examine the proceedings of the legislature, or any branch ot government ; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the in- valuable rights of man ; and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. 10. In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, or where the mat- ter published is proper for public information, thp truth thereof may be INDIANA. 275 given in eviaence ; and, in all indiclments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases. 11. That all courts shall be open, and every person, for an injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law, and right and justice administered without denial or delay. 12. That no person arrested or confined in jail shall be treated with unnecessary rigour, or be put to answer any criminal charge, but by pre- sentment, indictment, or impeachment. 13. That, in all criminal prosecutions, the accused hath a right to be heard by himself and counsel, to demand the nature and cause of tlie accusation against him, and to have a copy thereof; to meet the wit- nesses face to face ; to have compulsory process for obtaining witnesses in his favour ; and in prosecutions by indictment or presentment, a speedy public trial by an impartial jury of the county or district in which the offence shall have been committed, and shall not be compelled to give evidence against himself, nor shall be twice put in jeopardy for tlie same offence. 14. That all persons shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or the presumption great ; and the privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety may require it. 15. Excessive bail shall not be required ; excessive fines shall not be imposed ; nor cruel and unusual punishments inflicted. 16. All penalties shall be proportioned to the nature of the offence. 17. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be pre- scribed by law. 18. No ex post facto law, nor any law impairing the validity of con- tracts, shall ever be made ; and no conviction shall work corruption of blood, nor forfeiture of estate. 19. That the people have a right to assemble together, in a peaceable manner, to consult for their common good, to instruct their representa- tives, and to apply to the legislature for redress of gi-ievances. 20. That the people have a right to bear arms for the defence of them- selves and the state ; and that the military shall be kept in strict subor- dination to the civil power. 21. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. 22. I'hat the legislature shall not grant any title of nobility or here- ditary distinctions ; nor create any office, the appointment to which shall be for a longer term than good behaviour. 23. That emigration from the state shall not be prohibited. 24. To guard against any encroachments on the rights herein retain- ed, we declare, that every thing in this article is excepted out of the gene- ral powers of government, and shall for ever remain inviolable. 'J'Tft ONSTITUTION OF auticle 2. Tlic powers of the government of Indiana shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit : Those which are legislative, to one ; those which are executive, to another ; and those which are judiciary, to another : And no person, or collection of persons, being of one of those depart- ments, shall exercise any power properly attached to either of the others except in the instances herein expressly permitted. ARTICLE 3. § 1. The legislative authority of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives, both to be elected by the people. 2. The general assembly may, within two years after their first meet- ing, and shall, in the year eighteen hundred and twenty, and every sub- sequent term of five years, cause an enumeration to be made of all the white male inhabitants above the age of twenty-one years. The number of representatives shall, at the several periods of making such enumera- tions, be fixed by the general assembly, and apportioned among the seve- ral counties according to the number of white male inhabitants above twenty-one years of age in each ; and shall never be less than twenty- five, nor greater than thirty-six, until the number of white male inhabit- ants, above twenty-one years of age, shall be twenty -two thousand ; and after that event, at such ratio that the whole number of representatives shall never be less than thirty-six, nor exceed one hundred. 3. The representatives shall be chosen annually, by tke qualified electors of each county respectively, on the first Monday of August.' 4. No person shall be a representative unless he shall have attained the age of twenty-one years, and shall be a citizen of the United States, and an inhabitant of this state ; shall also have resided within the limits of the county in which he shall be chosen one year next preceding his election, if the county shall have been so long erected ; but if not, then within the limits of the county or counties out of which it shall have been taken, unless he shall have been absent on the public business of the United States or of this state, and shall have paid a state or county tax, 5. The senators shall be chosen for three years, on the first Monday in August, by the qualified voters for representatives ; and, on their be- ing convened in consequence of the first election, they shall be divided by lot from their respective counties or districts, as near as can be, into three classes ; the seats of the senators of the first class shall be vacated at the expiration of the first year, and the second class at the expiration of the second year ; and of the third class at the expiration of the third yeai ; so that one-third thereof, as near as possible, may be annually chosen for ever thereafter. 6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the general assembly, and apportioned among the several counties or districts to be established by law, according to the number of white male inhabitants, of the age of twenty-one years, in each, and shall never be less than one-third, noi more than one-half of the number of representativ<;s. INDIANA. 277 7. No person snaJ be a senator unless he shall have attained the age of twenty-five years, and shall be a citizen of the United States ; and shall, next preceding the election, have resided two years in this state, tie last twelve months of which, in the county or district in which he may be elected, if the county or district shall have been so long erected : but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken ; unless he shall have been absent on the public business of the United States or this state, and shall moreover have paid a state or county tax. 8. The house of representatives, when assembled, shall choose a speaker and its other officers ; and the senate shall choose its officers, except the president ; and each shall be judges of the qualifications and elections of its members, and sit upon its own adjournments ; two-thirds 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 ab- sent members. 9. Each house shall keep a journal of its proceedings, and publish them. The yeas and nays of the members, on any question, shall, at the request of any two of them, be entered on the journals. 10. Any one member of either house shall have liberty to dissent from and protest against any act or resolution which he may think in- jurious to the public, or any individual or individuals, and have the reason of his dissent entered on the journals. 1 1 . Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence 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. 12. When vacancies happen in either branch of the general assembly, the governor, or the person exercising the power of governor, shall issue writs of election to fill such vacancies. 13. Senators and representatives shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during the ses- sion of the genera! assembly, and in going to or returning from the same ; and for any speech or debate in either house, they shall not be ques- tioned in any other place, 14. Each house may punish, by imprisonment, during their session, any person, not a member, who shall be guilty of disrespect to the house, by disorderly or contemptuous behaviour in their presence : Provided, such imprisonment shall not, at any one time, exceed twenty-four hours. 15. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as, in the opinion of the house, may require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting. 16. Bills may originate in either house, but may be altered, amended, or rejected by the other. 17. Every bill shall be read on three different days in each house, unless, in case of urgency, two-thirds of the house where such bill may be depending shall deem it expedient to dispense with this rule ; and every bill, having passed both houses, shall be signed by the president uid speaker of their respective houses. 2 A 278 CONSTITUTION OF 18. The style of the laws of this state shall be, "jBe it enacted by the general assembly of the state of IndianaJ^ 19. All bills for raising revenue shall originate in the house of repre- sentatives, but the senate may amend or reject, as in other bills. 20. No person holding any office under the authority of the president of the United States, or of this state, militia officers excepted, shall be eligible to a seat in either branch of the general assembly, unless he re- sign his office previous to his election ; nor shall any member of either branch of the general assembly, during the time for which he is elected, be eligible to any office, the appointment of which is vested in the gene- ral assembly : Provided, that nothing in this constitution shall be so construed as to prevent any member of the first session of the first gene- ral assembly from accepting any office that is created by this constitu- tion, or the constitution of the United States, and the salaries of which are established. 21. No money shall be drawn from the treasury but in consequence of appropriations made by law. 22. An accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws, at every annual session of the general assembly, 23. The house of representatives shall have the sole power of im- peaching, but a majority of all the members elected must concur in such impeachment. All impeachments shall be tried by the senate, and when sitting for that purpose, the senators shall be upon oath or affirmation to do justice according to law and evidence ; no person shall be convicted without the concurrence of a majority of all the senators elected. 24. The governor, and all civil officers of the state, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanours ; but judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honour, 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. 25. The first session of the general assembly shall commence on the first Monday of November next ; and for ever after the general as- sembly shall meet on the first Monday in December in every year, and at no other period, unless directed by law, or provided for by this con- stitution. 26. No person who hereafter may be a collector, or holder of public money, shall have a seat in either house of the general assembly, until such person shall have accounted for and paid into the treasury all sums for which he may be accountable. ARTICLE 4. § 1. The supreme executive power of this state shall be vested in a governor, who shall be styled the governor of the state of Indiana. 2. The governor shall be chosen by the qualified electors on the first Monday in August, at the places where they shall respectively vote for representatives thereof. The returns of every election for governor shall be sealed up and transmitted to the seat of government, directed to the speaker of the house of representatives, who shall open and publish INDIANA. 279 them in presence of both houses of the general assembly ; the person having the highest number of votes shall be governor : but if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of the members of both houses. Contested elections shall be determined by a committee to be selected from both houses of the general assembly, and formed and regulated in such man- ner as shall be determined by law. 3. The governor shall hold his office during three years, from and after the third day of the first session of the general assembly next ensuing this election, and until a successor shall be chosen and qualified ; and shall not be capable of holding it longer than six years in any term of nine years. 4. He shall be at least thirty years of age, and shall have been a citi- zen of the United States for ten years, arid have resided in the state five years next preceding his election ; unless he shall have been absent on the business of this state or of the United States : Provided, that this shall not disqualify any person from the office of governor, who shall be a citizen of the United States, and shall have resided in the Indiana ter- ritory two years next preceding the adoption of this constitution. 5. No member of congress, or person hdding any office under the United States, or this state, shall exercise the office of governor or lieu- tenant-governor. 6. The governor shall, at stated times, receive for his services a com- pensation which shall neither be increased nor diminished during the term for which he shall have been elected. 7. He shall be commander-in-chief of the army and navy of this state, and of the militia thereof, except when they shall be called into the service of the United States ; but he shall not command personally in the field, unless he shall be advised so to do by a resolution of the general assembly. 8. He shall nominate, and by and with the advice and consent of the senate, appoint and commission all officers, the appointment of which is not otherwise directed by this constitution ; and all offices which may be created by the general assembly shall be filled in such manner as may be directed by law. 9. Vacancies that may happen in offices, the appointment of which is vested in the governor and senate, or in the general assembly, shall be filled by the governor, during the recess of the general assembly, by granting commissions that shall expire at the end of the next session. 10. He shall have power to remit fines and forfeitures, grant re- prieves and pardons, except in cases of impeachment. 11. He may require information, in writing, from the officers in the executive department, upon any subject relative to the duties of their respective offices. 12. He shall, from time to time, give to the general assembly in- formation of the affairs of the state, and recommend to their considera- tion such measures as he shall deem expedient. 13. He may, on extraordinary occasions, convene the general assem- bly at the seat of government, or at a different place if that shall have become, smce their last adjournment, dangerous from an enemy, or from contagious disorders; and in case of disagreement between the two Houses with respect to the time of adjournment, adjourn them to such 280 CONSTITUTION OP time as he shall think proper, not beyond the time of the next annual 14. He shall take care that the laws be faithfully executed. 15. A lieutenant-governor shall be chosen at every election for a go- vernor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenant- governor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant-governor. 16. He shall, by virtue of his office, be president of the senate: have a right, when in committee of the whole, to debate, and vote on all subjects, and when the senate are equally divided, to give the casting vote. 17. In case of impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or absence from the state, the lieu- tenant-governor shall exercise all the powers and authority appertaining to the office of governor, until another be duly qualified, or the governor absent or impeached shall return or be acquitted. 18. Whenever the government shall be administered by the lieuten- ant-governor, or he shall be unable to attend as president of the senate, the senate shall elect one of their own members as president for that ocpasion. And if, during the vacancy of the office of governor, the lieu- tenant-governor shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the state, the president of the senate pro tem. shall, in like manner, administer the government, until he shall be superseded by a governor or lieutenant-governor. The lieu- tenant-governor, while he acts as president of the senate, shall receive for his services the same compensation which shall, for the same pe- riod, be allowed to the speaker of the house of representatives, and no more : and during the time he administers the government, as governor, shall receive the same compensation which the governor would have received and been entitled to, had he been employed in the duties of his office, and no more. 19. The president pro tempore of the senate, during the time he ad- ministers the government, shall receive, in like manner, the same com- pensation which the governor would have received had he been employed in the duties of his office, and no more. 20. If the lieutenant-governor shall be called upon to administer the government, and shall, while in such administration, resign, die, or be absent from the state, during the recess of the general assembly, it shall be the duty of the secretary of state, for the time being, to convene the senate for the purpose of choosing a president pro tempore. 21. A secretary of state shall be chosen by the joint ballot of both houses of the general assembly, and be commissioned by the governor, for four years, or until a new secretary be chosen and qualified. He shall keep a fair register, and attest all the official acts and proceedings of the governor ; and shall, when required, lay the same, and all papers, minutes, and vouchers, relative thereto, before either house of the general assembly ; and shall perform such other duties as may be enjoined him by law. 22. Every bill which shall have passed both houses of the general as- sembly, shall be presented to the governor ; if he approve, he shall sign it ; but if not, he shall return it, with hi s objections, to the house ir INDIANA. 281 which it shall have originated, who shall enter the objections at large upon their journals, and proceed to reconsider it ; if, after such recon- sideration, a majority of all the members elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by a majority of all the members elected to that house, it shall be a law ; but in such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journals of each house respectively. If any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, it shall be a law, in like man- ner as if he had signed it ; unless the general assembly, ])y its adjourn- ment, prevent its return, in which case it shall be a law, unless sent back within three days after their next meeting. 23. Every resolution, to v/hich the concurrence »f both houses may be necessary, shall be presented to the governor, and before it shall take eflect, be approved by him ; or, being disapproved, shall be repassed by a majority of all the members elected to both houses, according to the rules and limitations prescribed in case of a bill. 24. There shall be elected, by joint ballot of both houses of the ge- neral assembly, a treasurer, and auditor, whose powers and duties shall be prescribed by law, and who shall hold their offices three years, and until their successors be appoijited and qualified. 25. There shall be elected in each county, by the qualified electors thereof, one sheriiF, and one coroner, at the times and places of holding elections for members of the general assembly. They shall continue in office two years, and until successors shall be chosen and duly qualified : Provided, that no person shall be eligible to the office of sherifl[' more than four years in any term of six years. 26. There shall be a seal of this state, which shall be kept by the governor, and used by himself officially, and shall be calted the seal of ■the state of Indiana. ARTICLE 5. § 1. The judiciary power of this state, both as to matters of law and €quity, shall be vested in one supreme court, in circuit courts, and in such other inferior courts as the general assembly may, from time to time, direct and establish. 2 The supreme court shall consist of three judges, any two of whom «hall form a quorum, and shall have appellate jurisdiction only, wliich shall be co-extensive with the limits of the state, under such restrictions and regulations, not repugnant to this constitution, as may, from time to time, be prescribed by law : Provided nothing in this article shall be so construed as to prevent the general assembly from giving the supreme court original jurisdiction in capital cases and cases in chancery, where the president of the circuit court may be interested or prejudiced. 3. The circuit courts shall consist of a president and two associate judges. The state shall be divided by law into three circuits, for each of which a president shall be appointed, who, during his continuance in office, shall reside therein. The president and associate judges, in their respective counties, shall have common law and chancerv jurisdiction, 2 A 2 282 CONSTITUTION OP as also complete criminal jurisdiction, in all such cases, and in such manner, as may be prescribed by law. The president alone, in th«? absence of the associate judges, or the president and one of the associate judges, in the absence of the other, shall be competent to hold a court, as also the two associate judges, in the absence of the president, shall be competent to hold a court, except in capital cases, and cases in chan- cery : Provided, that nothing herein contained shall prevent the general assembly from increasing the number of the circuits and presidents, as the exigencies of the state may, from time to time, require. 4. The judges of the supreme court, the circuit and other inferior courts, shall hold their offices during the term of seven years, if they shall so long behave well, and shall, at stated times, receive for their ser- vices a compensation which shall not be diminished during their con- tinuance in office. 5. The judges of the supreme court shall, by virtue of their offices, be conservators of the peace throughout the state, as also the presidents of the circuit courts in their respective circuits, and the associate judges in their respective counties. 6. The supreme court shall hold its sessions at the seat of govern- ment, at such times as shall be prescribed • by law ; and the circuit courts shall be held in the respective counties as may be directed by law. 7. The judges of the supreme court shall be appointed by the go- vernor, by and with the advice and consent of the senate. The presi- dents of the circuit courts shall be appointed by joint ballot of both branches of the general assembly ; and the associate judges of the cir- cuit courts shall be elected by the qualified electors in tiieir respective counties. 8. The supreme court shall appoint its own clerk ; and the clerks of the circuit court, in the several counties, shall be elected by the qualified electors in the several counties, but no person shall be eligible to the office of clerk of the circuit court, in any county, unless he shall first have obtained from one or more of the judges of the supreme court, or from one or more of the presidents of the circuit courts, a certificate that he is qualified to execute the duties of the office of clerk of the circuit court : Provided, that nothing herein contained shall prevent the circuit courts in each county from appointing a clerk pro tem. until a qualified clerk may be duly elected : And provided also, that the said clerks respectively, when qualified and elected, shall hold their offices seven years, and no longer, unless reappointed. 9. All clerks shall be removable by impeachment, as in other cases. 10. When any vacancies happen in any of the courts, occasioned by the death, resignation, or removal from office, of any judge of the su- preme or circuit courts, or any of the clerks of the said courts, a succes- sor shall be appointed in the same manner as herein before prescribed, who shall hold his office for the period which his predecessor had t& serve, and no longer, unless reappointed. 11. The style of all process shall be. The State of Indiana. All pro secutions shall be carried on in the name and by the authority of the state of Indiana ; and aU indictments shall conclude, against the peace and dignity of the same. 12. A competent number of the justices of the peace shall be elected INDIANA. 28S by the qualified electors in each township in the several counties, and shall continue m office five years, if they shall so long behave well ; whose powers and duties shall, from time to time, be regulated and de- fined by law ABTICI-E 6. § 1. In all elections not otherwise provided for by this constitution, every white male citizen of the United States, of the age of twenty- one years and upwards, who has resided in the state one year immedi- ately preceding such election, shall be entitled to vote in the county where he resides ; except such as shall be enlisted in the army of the United States, or their allies, 2. All elections shall be by ballot: Provided, that the general assem- bly may, (if they deem it more expedient,) at their session in eighteen hundred and twenty-one, change the mode, so as to vote viva voce ; after which time it shall remain unalterable. 3. Electors shall, in all cases except treason, felony, or breach of the peace, be free from arrest in going to, during their attendance at, and in returning home from, elections. 4. The general assembly shall have full power to exclude from elect- ing, or being elected, any person convicted of any infamous crime. 5. Nothing in this article shall be so construed as to prevent citizens of the United States, who were actual residents at the time of adopting this constitution, and who, by the existing laws of this territory, are en- titled to vote, or persons who have been absent from home on a visit or necessary business, from the privileges of electors. ARTICLE 7. § 1. The militia of the state of Indiana shall consist of all free, able- bodied male persons, (negroes, mulattoes, and Indians excepted,) resident in the said state, between the ages of eighteen and forty-five years ; ex- cept such persons as now are, or hereafter may be, exempted by the laws of the United States, or of this state ; and shall be armed, equip- ped, and trained, as the general assembly may provide by law. 2. No person or persons conscientiously scrupulous of bearing arms shall be compelled to do militia duty : Provided, such person or per- sons shall pay an equivalent for such exemption ; which equivalent shall be collected annually, by a civil officer, and be hereafter fixed by law ; and shall be equal, as near as may be, to the lowest fines assessed on those privates in militia who may neglect or refuse to perform military duty. 3. Captains and subalterns shall be elected by those persons in their respective company districts who are subject to perform militia duty ; and the captain of each company shall appoint ^e non-commissioned officers to said company. 4. Majors shall be elected by those persons within the bounds of their respective battalion districts, subject to perform militia duty ; and colo- nels shall be elected by those persons within the bounds of their respec- tive regimental districts, subject to perform militia duty. 5. Brigadiers-general shall be elected by the commissioned officers within the boimds of their respective brigades , and majors-general shall 284 CONSTITUTION OF be elected by the commissioned officers within the bounds of their re- spective divisions. 6. Troops and squadrons of cavalry and companies of artillery, rifle- men, grenadiers, or light infantry, may be formed in the said state, in such manner as shall be prescribed by law : Provided, however, that every troop or squadron of cavalry, company of artillery, riflemen, grena- diers, or light infantry, which may hereafter be formed within the said state, shall elect their own officers. 7. The governor shall appoint the adjutant-general and quartcr-mas- ter-general, also his aids-de-camp. 8. Majors-general shall appoint their aids-de-camp, and all other di- vision staff-oflicers ; brigadiers-general shall appoint their brigade-majors, and all other brigade staff-officers ; and colonels shall appoint their regi mental staff-officers. 9. All militia officers shall be commissioned by the governor, and shall hold their commissions during good behaviour, or until they shall arrive at the age of sixty years. 10. The general assembly shall, by law, fix the method of dividing the militia of the state into divisions, brigades, regiments, battalions, and companies, and shall also fix the rank of all staff-officers, ARTICLE 8. Every twelfth year after this constitution shall have taken effect, at the general election held for the governor, there shall be a poll opened, in which the qualified electors of the state shall express, by vote, whe- ther they are in favour of calling a convention or not ; and if there should be a majority of all the votes given at such election, in favour of a convention, the governor shall inform the next general assembly thereof, whose duty it shall be to provide by law for the election of the members to the convention, the number thereof, and the time and place of their meeting , which law shall not be passed unless agreed to by a majority of all the members elected to both branches of the general assembly ; and which convention, when met, shall have it in their power to revise, amend, or change the constitution. But as the holding any part of the human creation in slavery, or involuntary servitude, can only originate in usurpation and tyranny, no alteration of this constitution shall ever take place so as to introduce slavery or involuntary servitude in this state, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted. ARTICLE 9. § 1. Knowledge and learning generally diffused through a community, being essential to the preservation of a free government, and spreading the opportunities and advantages of education through the various parts of the country being highly conducive to this end, it shall be the duty of the general assembly to provide by law for the improvement of such lands as are, or hereafter may be, granted by the United States to thi.'j state, for the use of schools, and to apply any funds which may be raised from such lands, or from any other quarter, to the accomplishment of the grand object for which they are or may be mtended. But no lands granted for the use of schools or seminaries of learning shall be sold. INDIANA. 285 by the authority of this state, prior to the year eighteen hundred and twenty ; and the moneys which may be raised out of the sale of any such lands, or otherwise obtained for the purposes aforesaid, shall be and remain a fund for the exclusive purpose of promoting the interest ol literature and the sciences, and for the support of seminaries and the public schools. The general assembly shall, from time to time, pass such laws as shall be calculated to encourage intellectual, scientifical, and agricultural improvement, by allowing rewards and imnmnities for the promotion and improvement of arts, sciences, commerce, manufac- tures, and natural history ; and to countenance and encourage the prin- ciples of humanity, industry, and morality. 2. It shall be the duty of the general assembly, as soon as circum- stances will permit, to provide by law for a general system of education, ascending in a regular gradation from township schools to a state uni- versity, wherein tuition shall be gratis, and equally open to all. 3. And for the promotion of such salutary end, the money, which shall be paid as an equivalent, by persons exempt from militia duty, ex- cept in times of war, shall be exclusively, and in equal proportions, applied to the support of county seminaries ; also, all fines assessed for any breach of the penal laws, shall be applied to said seminaries, in the counties wherein they shall be assessed. 4. It shall be the duty of the general assembly, as soon as circum- stances will permit, to form a penal code, founded on the principles of reformation, and not of vindictive justice: And also to provide one or more farms to be an asylum for those persons who, by reason of age, infirmity, or other misfortunes, may have a claim upon the aid and beneficence of society, on such principles that such persons may therein find employment and every reasonable comfort, and lose, by their use- fulness, the degrading sense of dependence. 5. The general assembly, at the time they lay off a new county, shall cause at least ten per cent, to be reserved out of the proceeds of the sale of town lots, in the seat of justice of such county, for the use of a pub- lic library for such county ; and at the same session they shall incorpo- rate a library company, under such rules and regulations as will best secure its permanence, and extend its benefits. ARTICLE 10. § 1. There shall not be established or incorporated m this state any bank or banking company, or moneyed institution, for the purpose of issuing bills of credit, or bills payable to order or bearer : Provided, that nothing herein contained shall be so construed as to prevent the general assembly from establishing a state bank, and branches, not exceeding one branch for any three counties, to be established at such place within such counties as the directors of the state bank may select ; provided there be subscribed and paid in specie, on the part of the individuals, a sum equal to thirty thousand dollars : Provided also, that the bank at Vincennes, and the Farmers' and Mechanics' bank of Indiana, at Madi- son, shall be considered as incorporated banks, according to the true tenor of the charters granted to said banks by the legislature of the Indiana territory : Provided, that nothing herein contained shall be so construed as to prevent the general assembly from adopting either of ihe aforesaid banks, as the state bank ; and in case either of them shall 286 constiti:tion OF he adopted as the state bank, the other may become a branch, under the rules and regulations hereinbefore prescribed. ARTICLE 11. § 1. Every person who shall be chosen or appointed to any office of trust or profit under the authority of this state, shall, before entering on the duties of said office, take an oath or affirmation, before any person lawfully authorized to administer oaths, to support the constitution of the United States, and the constitution of this state, and also an oath of office. 2. Treason against this state shall consist only in levying war against it, in adhering to its enemies, or giving them aid and comfort. 3. 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. 4. The manner of administering an oath or affirmation shall be such as is most consistent with the conscience of the deponent, and shall be esteemed the most solemn appeal to God. 5. Every person shall be disqualified from serving as governor, lieu- tenant-governor, senator, or representative, for the term for which he shall have been elected, who shall have been convicted of having given or offered any bribe, threat, or reward, to procure his election. 6. All officers shall reside within the state ; and all district, county, or town officers, within their respective districts, counties, or towns, (the trustees of the town of Clarksville excepted,) and shall keep their respec- tive offices at such places therein as may be directed by law ; and all mi- litia officers shall reside within the bounds of the division, brigade, regi- ment, battalion, or company, to which they may severally belong. 7. There shall be neither slavery nor involuntary servitude in this state, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted. Nor shall any indenture of any negro or mulatto, hereafter made and executed out of the bounds of this state, be of any validity within the state. 8. No act of the general assembly shall be in force until it shall have been published in print, unless in cases of emergency. 9. All commissions shall be in the name and by the authority of the state of Indiana, and sealed with the state seal, and signed by the go- vernor, and attested by the secretary of the state, 10. There shall be elected in each county a recorder, who shall hold his office during the term of seven years, if he shall so long behave well : Provided, that nothing herein contained shall prevent the clerks of the circuit courts firom holding the office of recorder. 11. Cory don, in Harrison county, shall be the seat of government of the state of Indiana, until the year eighteen hundred and twenty-five, and until removed by law. 12. The general assembly, when they lay off any new county, shall not reduce the old county or counties from which the same shall be taken, to a less content than four hundred square miles. 13. No person shall hold more than one lucrative office at the same time, except as in this constitution expressly permitted. 14. No person shall be appointed as a county officer, within any cdunty, who shall not have been a citizen and an inhabitant therein one year next preceding an appointment, if the county shall have been so INDIANA. 287 long erected ; but if the county shall not have been so long erected, then within the Umits of the county or counties out of which it shall have l)een taken. 15. All towns and township officers shall be appointed in such manner as shall be directed by law. 16. The following officers of government shall not be allowed greater annual salaries, until the year eighteen hundred and nineteen, than as follows ; the governor, one thousand dollars ; the secretary of state, four hundred dollars ; the auditor of public accounts, four hundred dollars , the treasurer, four hundred dollars ; the judges of the supreme court, eight hundred dollars each ; the presidents of the circuit courts, eight hundred dollars each ; and the members of the general assembly, not ex- ceeding two dollars per day, each, during their attendance on the same, and two dollars for every twenty-five miles they shall severally travel, on the most usual route, in going to, and returning from the general assem- bly ; after which time their pay shall be regulated by law. But no law, passed to increase the pay of the members of the general assembly, shall take effect until after the close of the session at which such law shall have been passed. 17. In order that the boundaries of the state of Indiana may more clearly be known and established, it is hereby ordained and declared, that the following shall be and for ever remain the boundaries of the said state, to wit : Bounded on the east by the meridian line which forms the western boundary of the state of Ohio ; on the south, by the Ohio river, from the mouth of the Great Miami river to the mouth of the river Wa- bash ; on the west, by a line drawn along the middle of the Wabash river, from its mouth to a point where a due north line, drawn from the town of Vincennes, would last touch the north-western shore of the said Wabash river ; and from thence, by a due north line, until the same shall intersect an east and west line drawn through a point ten miles north of the southern extreme of lake Michigan ; on the north, by the said east and west line, until the same shall intersect the first mentioned meridian line, which forms the western boundary of the state of Ohio. ARTICLE 12. § 1. That no evils or inconvenience may arise from the change of a territorial government to a permanent state government, it is declared, by this constitution, that all rights, suits, actions, prosecutions, recogni- zances, contracts, and claims, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this govern- ment. 2. All fines, penalties, and forfeitures, due and owing to the territory of Indiana, or any county therein, shall inure to the use of the state or county. All bonds executed to the governor, or any other officer, in his official capacity, in the territory, shall pass over to the govern^>r or other officers of the state or county, and their successors in office, for the use of the state or county, or by him or them to be respectively assigned over to the use of those concerned, as the case may be. 3. The governor, secretary, and judges, and all other officers, both civil and military, under the territorial government, shall continue in the exercise of the duties of their respective departments, until the said officers are superseded under the authority of this constitution. •488 CONSTITUTION OF 4. All laws and parts of laws now in force in this territory, not in- consistent with this constitution, shall continue and remain in full force and effect, until they expire, or be repealed. 5. The governor shall use his private seal until a state seal be pro- cured. 6. The governor, secretary of state, auditor of public accounts, and treasurer, shall severally reside and keep the public records, books, and papers, in any manner relating to their respective offices, at the seat of government : Provided, notwithstanding, that nothing herein contained shall be so construed as to affect the residence of the governor for the space of six months, and until buildings suitable for his accommodation shall be procured at the expense of the state. 7. All suits, pleas, plaints, and other proceedings, now depending in any court of record, or justices' court, shall be prosecuted to final judg- ment and execution ; and all appeals, writs of error, certiorari, injunc- tion, or other proceedings whatever, shall progress, and be carried on, in the respective court or courts, in the same manner as is now provided by law, and all proceedings had therein, in as full and complete a manner as if this constitution were not adopted. And appeals and writs of error ma}- be taken from the circuit court and general court, now established in the Indiana territory, to the supreme court, in such manner as shall be provided for by law. 8. The president of this convention shall issue writs of election, di- rected to the several sheriffs of the several counties, requiring them to cause an election to be held for governor, lieutenant-governor, represen- tative to the congress of the United States, members of the general assem- bly, sheriffs, and coroners, at the respective election districts in each county, on the first Monday in August next : which election shall be conducted in the manner prescribed by the existing election laws of the Indiana territory ; and the said governor, lieutenant-governor, members of the general assembly, sheriffs, and coroners, then duly elected, shall continue to exercise the duties of their respective offices for the time prescribed by this constitution, and until their successor or successors are qualified, and no longer. 9. Until the first enumeration shall be made, as directed by this con- stitution, the county of Wayne shall be entitled to one senator and three representatives ; the county of Franklin, one senator and three repre- sentatives ; the county of Dearborn, one senator and two representatives ; the county of Switzerland, one representative : and the county of Jeffer- son and Switzerland, one senator ; and the county of Jefferson two re- presentatives ; the county of Clark, one senator and three representatives ; the county of Harrison, one senator and three representatives ; the coun- ties of Washington, Orange, and Jackson, one senator, and the county of Washington, two representatives ; the counties of Orange and Jack- son, one representative each ; the county of Knox, one senator and three representatives ; the county of Gibson, one senator and two representa- tives ; the counties of Posey, Warrick, and Perry, one senator, and each of the aforesaid counties of Posey, Warrick, and Perry, one representa- tive. 10. All books, records, documents, warrants, and papers, appertaining and belonging to the office of territorial treasurer of the Indiana territory, and all moneys therein, and all papers and documents in the office of the 1 1\ D I A IN A. 289 secretary of sa!d territory, shall be disposed of as the general assembly of this state may direct. 11. All suits, actions, pleas, plaints, prosecutions, and causes whatso- ever, and all records, books, papers, and documents, now in the general court, may be transferred to the supreme court established by this con- stitution : And all causes, suits, actions, pleas, plaints, and prosecutions whatsoever, now existing or pending in the circuit courts of this terri- tory, or which may be therein at the change of government, and all records, books, papers, and documents, relating to the said suits or filed in the said courts, may be transferred over to the circuit courts estab- lished by this constitution, under such rules and regulations as the gene- ral assembly may direct. Done in convention, at Corydon, on the twenty-ninth day of June, in the year of our Lord eighteen hundred and sixteen, and of the inde- pendence of the United States the fortieth. In witness whereof, we have hereunto subscribed our names. Thomas Carr, .lohn K. Graham, James Lemon, James Scott, James Dill, Ezra Ferris, Solomon Manwaring, James Brownlee, William H. Eads, Robert Hanna, Enoch M'Carty, James Noble, Alexander Devin, Fred. Rapp, David Robb, James Smith, John Boone, Davis Floyd, Daniel C. Lane, Dennis Pennington, Patrick Shields, Attest, JONATHAN JENNINGS, President of the Convention. Nathaniel Hunt, David H. Maxwell, Samuel Smock, John Badollet, John Benefiel, Jno. Johnson, Wm. Polke, B. Parke, Charles Polke, Dann Lynn, William Cotton, John De Pauw, William Graham, William Lowe, Samuel Milroy, Robert M'Intire, Patrick Baird, Jeremiah Cox, Hugh Cull, Joseph Holman. William Hendricks, Secretary. ORDINANCE. JBe it ordained by the representatives of the people of the territory of Indiana, in convention met, at Corydon, on Monday, the tenth day of June, in the year of our Lord eighteen hundred and sixteen, That we do, for ourselves and our posterity, agree, determine, declare, and or- dain, that we will, and do hereby, accept the propositions of the congress 290 CONSTITUTION OF 6f the United States, as made and contained in their act of the nine- teenth day of April, eighteen hundred and sixteen, entitled, " An act to enable the people of the Indiana territory, to form a state government and constitution, and for the admission of such state into the Union, on an equal footing with the original states." And we do further, for ourselves and our posterity, hereby ratify, con- firm, and establish the boundaries of the said state of Indiana, as fixed, prescribed, laid down, and established, in the act of congress aforesaid ; and we do, also, further, for ourselves and our posterity, hereby agree, determine, declare, and ordain, that each and every tract of land sold by the United States, lying within the said state, and which shall be sold from and after the first day of December next, shall be and remain ex- empt from any tax laid by order or under any authority of the said stat« of Indiana, or by or under the authority of the general assembly thereof, whether for state, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale of any such tract of land ; and we do, moreover, for ourselves and our posterity, hereby declare and ordain, that this ordinance, and every part thereof, shall for ever be and remain irrevocable and inviolate, without the consent of the United States, in congress assembled, first had and obtained for the alteration thereof, ur any part thereof. JONATHAN JENNINGS, President of the Convention. June 29th, 1816. Attest, William Hendricks, Secretary. CONSTITUTION OF LOUISIANA. Constitution or form of Government of the State of Louisiana. We, the representatives of the people of all that part of the territory or county ceded under the name of Louisiana, by the treaty made at Paris, on the 30th day of April, 1803, between the United States and France, contained in the following limits, to wit : beginning at the mouth of the river Sabine ; thence, by a line to be drawn along the middle of said river including all islands, to the thirty -second degree of latitude ; thence, due north, to the northernmost part of the thirty-third degree of north latitude ; thence along the said parallel of latitude, to the river Missis- sippi ; thence, down the said river, to the river Iberville, and from thence, along the middle of the said river, and lakes Meurepas and Ponchartrain to the gulf of Mexico ; thence bounded by the said gulf, to the place of beginning, including all islands within three leagues of the coast ; in convention assembled, by virtue of an act of congress, entitled, " An act to enable the people of the territory of Orleans to form a constitution and state government, and for the admission of the said state into the LOUISIANA. 29J Union, on an equal footing with the original states, and for other pur- poses ;" in order to secure to all the citizens thereof the enjoyment of the rights of life, liberty, and property, do ordain and establish the following constitution or form of government, and do mutually agree with each other to form ourselves into a free and independent state, by the name of the State of Louisiana. ^ AB.TICLE 1. Concerning the distributioji of the powers of Government. 4 1. The powers of the government of the state of Louisiana shall be divided into three distinct departments, and each of them be contined to a separate body of magistracy, to wit : those which are legislative, to one ; those which are executive, to another ; and those which are judi- ciary, to another. 2. No person, or collection of persons, being one of those departments, shall exercise any power properly belonging to either of the others ; ex- cept in the instances hereinafter expressly directed or permitted. auticle 2. Concerning the Legislative Department. § 1. The legislative power of this state shall be vested in two distinct branches ; the one to be called the house of representatives, the other the senate ; and both together the general assembly of the state of Louisiana. 2. The members of the house of representatives shall continue in ser- vice for the term of two years, from the day of the commencement of the general election. 3. Representatives shall be chosen on the first Monday in July, every two years ; and the general assembly shall convene on the first Monday in January, in every year, unless a different day be appointed by law ; and their sessions shall be held at the seat of government. 4. No person shall be a representative who, at the time of his election, is not a free white male citizen of the United States, and hath not at- tained the age of twenty-one years, and resided in this state two years next preceding his election, and the last year thereof in the county of which he may be chosen, or in the district for which he is elected, in case the said counties may be divided into separate districts of election, and has not held for one year, in the said county or district, landed pro- perty to the value of five hundred dollars, agreeably to the tax list. 5. Elections for representatives for the several counties entitled to re- presentation, shall be held at the places of holding their respective courts, or in the several election precincts into which the legislature may think proper from time to time to divide any or all of those counties. 6. Representation shall be equal and uniform in this state ; and shall be for ever regulated and ascertained by the number of qualified electors therein. In the year one thousand eight hundred and thirteen, and every four years thereafter, an enumeration of all the electors shall be made in such manner as shall be directed by law. The number of re- presentatives shall, in the several years of making these enumerations, be so fixed as not to be less than twenty-five nor more than fifty. 292 CONSTITUTION OF 7. The house of representatives shall choose its speaker and other officers. 8. In all elections for representatives, every free white male citizen of the United States, who, at the time being, hath attained to the age of twenty-one years, and resided in the county in which he offers to vote for one year next preceding the election, and who in the last six months prior to the said election shall have paid a state tax, shall enjoy the rights of an elector : Provided, however, that eveiy free white male citizen of the United States, who shall have purchased lands from the United States, shall have the right of voting whenever he shall have the othei qualifications of age and residence above prescribed. Electors shall, in all cases except treason, felony, breach or surety of the peace, be privi- leged from arrest during their attendance at, going to, or returning from elections. 9. The members of the senate shall be chosen for the term of four years ; and when assembled, shall have the power to choose its officers annually. 10. The state shall be divided into fourteen senatorial districts, which shall for ever remain indivisible, as follows : the parish of St. Bernard and Plaquemine ; including the country above as far as the canal (des pecheurs) on the east of the Mississippi, and on the west as far as Ber- nody's canal, shall form one district. The city of New Orleans, begin- ning at the Nuns' Plantation above, and extending below as far as the above-mentioned canal, (des pecheurs,) including the inhabitants of the Bayou St. John, shall form the second district. The remainder of the county of Orleans shall form the third district. The counties of German Coast, Acadia, Lafourche, Iberville, Point Coupee, Concordia, Attakapas, Oppelousas, Rapides, Nachitoches, and Ouachitta, shall each form one dis- trict, and each district shall elect a senator. 11. At the first session of the general assembly after this constitution takes effect, the senators shall be divided by lot, as equally as may be, into two classes ; the seats of the senators of the first class shall be va- cated at the expiration of the second year, and of the second class at the expiration of the fourth year, so that a rotation shall be chosen every two years, and one-half thereby be kept up perpetually. 12. No person shall be a senator who, at the time of his election, is not a citizen of the United States, and who hath not attained to the age of twenty-seven years ; resided in this state four years next preceding his election, and one year in the district in which he may be chosen : and unless he holds within the same a landed property of the value of one thousand dollars, agreeably to the tax list. 13. The first election for senators shall be general throughout the state, and at the same time that the general election for representa- tives is held ; and thereafter there shall be a biennial election of sena- tors to fill the places of those whose time of service may have expired. 14. Not less than a majority of the members of each house of the general assembly shall form a quorum to do business ; but a smaller number may adjourn from day to day, and shall be authorized by law to compel the attendance of absent members, in such manner and under such penalties as may be prescribed thereby. 15. Each house of the general assembly shall judge of the qualifica- LOUISIANA. 293 tions, elections, and returns of its members ; but a contested c'ection shall be determined in such manner as shall be directed by law. 16. Each house of the general assembly may determine the rules of Us proceedings ; punish a member for disorderly behaviour ; and with the concurrence of two-thirds, expel a member, but not a second time for the same offence. 17. Each house of the general assembly shall keep and publish weekly a journal of its proceedings ; and the yeas and nays of the members on any question shall, at the desire of any two of them, be en- tered on their journal. 18. Neither house, during the session of the general assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. 19. The members of the general assembly shall severally receive from the public treasury a compensation for their services, which shall be four dollars per day, during their attendance at, going to, and return- ing from, the sessions of their respective houses. Provided, that the same may be increased or diminished by law ; but no alteration shall take effect during the period of service of the members of the house of representatives by whom such alteration shall have been made. 20. The members of the general assembly shall, in all cases except treason, felony, breach or surety of the peace, be privileged from arrest, during their attendance at the sessions of their respective houses, and in going to or returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place. 21. No senator or representative shall, during the term for which he was elected, or one year thereafter, be appointed or elected to any civil olhce of profit under this state, which shall have been created, or the emoluments of which shall have been increased, during the time such senator or representative was in office, except to such offices or appointments as may be filled by the elections of the people. 22. No person, while he continues to exercise the functions of a cler- gyman, priest, or teacher, of any religious persuasion, society, or sect, shall be eligible to the general assembly, or to any office of profit or trust under this state. 23. No person who at any tmie may have been a collector of taxes for the state, or the assistant or deputy of such collector, shall be eligible to the general assembly until he shall have obtained a quietus for the amount of such collection, and for all public moneys for which he may be responsible. 24. No bill shall have the force of a law until, on three several days, it be read over in each house of the general assembly, and free dis- cussion allowed thereon : unless in case of urgency four-fifths of the house, where the bill shall be depending, may deem it expedient to dis- pense with this rule. 25. All bills for raising revenue shall originate in the house of representatives, but the senate may propose amendments as in other bills : provided, that they shall not introduce any new matter, under the colour of an amendment, which does not relate to raising a revenue. 26. The general assembly shall regulate by law, by whom and in what manner writs of election shall be issued to fill the vacancies which may happen in either branch thereof. ^^ 2 B 2 294 CONSTITUTION OF ARTICLE 3. Concerning the Executive Department. § 1. The supreme executive powers of this state shall be vested in a chief magistrate, who shall be styled the governor of the state of Louisiana. 2. The governor shall be elected for the term of four years, in the following manner : the citizens entitled to vote for representatives shall vote for a governor, at the time and place of voting for representa- tives and senators. Their votes shall be returned by the persons pre- siding over the elections to the seat of government, addressed to the president of the senate ; and on the second day of the general assem- bly the members of the two houses shall meet in the house of repre- sentatives, and immediately after the two candidates who shall have obtained the giTatest number of votes shall be balloted for, and the one having a majority of votes shall be governor : Provided, however, that if more than two candidates have obtained the highest number of votes, it shall be the duty of the general assembly to ballot for them in the manner above prescribed ; and in case several candidates should obtain an equal number of votes next to the candidate who has obtained the highest number, it shall be the duty of the general assemlily to select in the same manner the candidate who is to be balloted for, with him who has obtained the highest number of votes. 3. The governor shall be ineligible for the succeeding four years after the expiration of the time for which he shall have been elected. 4. He shall be at least thirty-five years of age, and a citizen of the United States, and have been an inhabitant of this state at least six years preceding his election, and shall hold in his own right a landed estate of live thousand dollars value agreeably to the tax list. 5. He shall commence the execution of his office on the fourth Mon- day succeeding the day of his election, and shall continue in the execu- tion thereof until the end of four weeks next succeeding the election of his successor, and until his successor shall have taken the oath or affirmation prescribed by this constitution. 6. No member of congress, or person holding any office under the United States, or minister of any religious society, shall be eligible to the office of governor. 7. The governor shall, at stated times, receive for his services a com- pensation which shall neither be increased nor diminished during the term for which he shall have been elected. 8. He shall be commander-in-chief of the army and navy of this state, and of the militia thereof, except when they shall be called into the service of the United States ; but he shall not command personally in the field, unless he shall be advised so to do by a resolution of the gene- ral assembly. 9. He shall nominate and appoint, with the advice and consent of the senate, judges, sheriffs, and all other officers whose offices are established by this constitution, and whose appointments are not herein otherwise provided for : Provided, however, that the legislature shall have a right to prescribe the mode of appointment of all other offices to be established by law. 10. The governor shall have power to fill up vacancies that may hap LOUISIANA. 295 pen during the recess of the legislature, by granting commissions which shall expire at the end of the next session. 11. He shall have power to remit fines and forfeitures, and except in cases of impeachment, to grant reprieves and pardons, with the appro- bation of the senate. In cases of treason he shall have power to grant reprieves, until the end of the next session of the general assembly, in which the power of pardoning shall be vested. 13. He may require information in writing from the officers in the executive department upon any subject relating to the duties of their respective offices. 13. He shall from time to time give to the general assembly information respecting the situation of the state, and recommend to their considera- tion such measures as he may deem expedient. 14. He may on extraordinary occasions convene the general assembly at the seat of government, or at a diflerent place, if that should have become dangerous from an enemy or from contagious disorders ; and in case of disagreement between the two houses, with respect to the time of adjournment, he may adjourn them to such time as he may think proper, not exceeding four months. 15. He shall take care that the laws be faithfully executed. 16. It shall be his duty to visit the different counties at least once in every two years, to inform himself of the state of the militia and the general condition of the country. 17. In case of the impeachment of the governor, his removal from office, death, refusal to qualify, resignation or absence from the state, the president of the senate shall exercise all the power and authority ap^ pertaining to the office of governor, until another be duly qualified, or the governor absent or impeached shall return or be acquitted. 18. The president of the senate, during the time he administers the government, shall receive the same compensation which the governor would have received, had he been employed in the duties of his office. 19. A secretary of state shall be appointed and commissioned during the term for which the governor shall have been elected, if he shall so long behave himself well : he shall keep a fair register, and attest all official acts and proceedings of the governor ; and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before either house of the general assembly : and shall perform such other duties as may be enjoined him by law. 20. Every bill which shall have passed both houses shall be present- ed to the governor ; if he approve, he shall sign it ; if not, he shall re- turn it with his objections to the house in which it shall have originated ; who shall enter the objections at large upon their journal, and proceed to reconsider it ; if, after such reconsideration, two-thirds of all the mem- bers elected to that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which it shall likewise be re- considered, and if approved by two-thirds of all the members elected to that house, it shall be a law ; but in such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the jou.nal 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 ♦o him, it shall be a law in like manner as if he had signed it, unless 296 C O N S T IT U TI N F the general assembly by their adjournment prevent its return, in which case it shall be a law, unless sent back within three days after their next meeting. 21. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the governor, and, before it shall take effect, be approved by him ; or, being disapproved, shall be repassed by two-thirds of both houses. 22. The free white men of this state shall be armed and disciplined for its defence ; but those who belong to religious societies whose tenets forbid them to carry arms, shall not be compelled to do so, but shall pay an equivalent for personal service. 23. The militia of this state shall be organized in such manner as may hereafter be deemed most expedient by the legislature. AKTICLE 4. Concerning the Judiciary Department. § 1. The judiciary powers shall be vested in a supreme court and in- ferior courts. 2. The supreme court shall have appellate jurisdiction only, which jurisdiction shall extend to all civil cases when the matter in dispute shall exceed the sum of three hundred dollars. 3. The supreme court shall consist of not less than three judges, nor moi-e than five ; the majority of whom shall form a quorum : each of said judges shall receive a salary of five thousand dollars annually. The supreme court shall hold its sessions at the places hereinafter men- tioned ; and for that purpose the state is hereby divided into two dis- tricts of appellate jurisdiction, in each of which the supreme court shall administer justice, in the manner hereafter prescribed. The eastern district to consist of the counties of New Orleans, German Coast, Aca- dia, Lafourche, Iberville, and Point Coupee. The western district to consist of the counties of Attakapas, Oppelousas, Rapides, Concordia, Natchitoches, and Ouachitta. The supreme court shall hold its ses- sions in each year, for the eastern district, in December, January, Feb- ruary, March, April, May, June, and July ; and for the western district, at the Oppelousas, during the months of August, September, and Octo- ber, for five years : Provided, however, that every five years the legisla- ture may change the place of holding said court in the western district. The said court shall appoint its own clerks. 4. The legislature is authorized to establish such inferior courts as may be convenient to the administration of justice. 5. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour ; but, for any reasonable cause which shall not be sufficient ground for impeachment, the governor shall re- move any of them, on the address of three-fourths of each house of the general assembly : Provided, however, that the cause or causes for which such removal may be required shall be stated at length in the address, and inserted on the journal of each house. 6. The J4idges, by virtue of their office, shall be conservators of the peace throughout the state ; the style of all process shall be " The State of Louisiana." All prosecutions shall be carried pn in the name and by T.OTTTSTANA. 297 the authority of the state of Louisiana, and conclude, against the peace and dignity of the same. 7. There shall be an attorney-general for the state, and as many other prosecuting attorneys for the state as may be hereafter found necessary. The said attorneys shall be appointed by the governor, with the ad- vice and approbation of the senate. Their duties shall be determined by law. 8. All commissions shall be in the name and by the authority of the state of Louisiana, and sealed with the state seal, and signed by the go- vernor, 9. The state treasurer, and printer or printers of the state shall be ap- pointed, annually, by the joint vote of both houses of the general assem- bly : Provided, that during the recess of the same, the governor shall have power to fill vacancies which may happen in either of the said offices. 10. The clerks of the several courts shall be removable for breach of good behaviour by the court of appeals only, who shall be judge of the fact as well as of the law. n. The existing laws in this territory, when this constitution goes into effect, shall continue to be in force until altered or abolished by the legislature : Provided, however, that the legislature shall never adopt any system or code of laws, by a general reference to the said system or code : but in all cases shall specify the several provisions of the laws it may enact. 12. The judges of all courts within this state shall, as often as it may be possible so to do, in every definite judgment, refer to the particular law in virtue of which such judgment is founded. ARTICLE 5. Concerning' Impeachment. § 1. The power of impeachment shall be vested in the house of re- presentatives alone. 2. All impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be upon oath or afiirmation ; and no per- son shall be convicted without the concurrence of two-thirds of the members present. 3. The governor and all the civil officers shall be liable to impeach- ment for any misdemeanour in office ; but judgment, in such cases, shall not extend further than to removal from office, and disqualification to hold any office of honour, trust, or profit, under this state ; but the par- ties convicted shall, nevertheless, be liable and subject to indictment, trial, and punishment, according to law. ARTICLE 6. General Provisions. § 1. Members of the general assembly, and all officers, executive and judicial, before they enter upon the execution of their respective offices, shall take the following oath or afiirmation : " I (A. B.) do solemnly swear (or affirm) that I will faithfully and impartially discharge and I>erform all the duties incumbent on me, as , according to the 298 CONSTITUTION OF best of my abilities and understanding, agreeably to the rules and regu- lations of the constitution and the laws of this state : so help me God." 2. Treason against the state shall consist only in levying war against It, or in adhering to its enemies, giving them aid and comfort. No per- son shall be convicted of treason, unless on the testimony of two wit- nesses to the same overt act, or his confession in open court. 3. Every person shall be disqualified from serving as governor, sena- tor, or representative, for the term for which he shall have been elected, who shall have been convicted of having given or offered any bribe to procure his election. 4. Jjaws shall be made to exclude from office and from suffrage those who shall thereafter be convicted of bribery, perjury, forgery, or other high crimes and misdemeanours. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon, from power, bribery, tumult, or other improper practices. 5. No money shall be drawn from the treasury but in pursuance of appropriations 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 moneys shall be published annually. 6. It shall be the duty of the general assembly to pass such laws as may be necessary and proper to decide differences by arbitrators, to be appointed by the parties who may choose that summary mode of adjust- ment. 7. All civil officers for the state at large shall reside within the state ; and all district or county officers, within their respective districts or counties, and shall keep their respective offices at such places therein as may be required by law. 8. The legislature shall determine the time of duration of the several public offices, when such time shall not have been fixed by the constitu- tion ; and all civil officers, except the governor, and judges of the supe- rior and inferior courts, shall be removable by an address of two-thirds of the members of both houses ; except those, the removal of whom has been otherwise provided for by this constitution. 9. Absence on the business of this state or of the United States shall not forfeit a residence once obtained, so as to deprive any one of the rights o^* suffrage, or of being elected or appointed to any office under this state, under the exceptions contained in this constitution. 10. It shall be the duty of the general assembly to regulate by law in what cases and what deduction from the salaries of public officers shall be made for neglect of duty in their official capacity. 11. Return of all elections for the members of the general assembly shall be made to the secretary of state for the time being. 12. The legislature shall point out the manner in which a man coming into the country shall declare his residence. 13. In all elections by the people, and also by the senate and house of representatives, jointly or separately, the votes shall be given by ballot. 14. No member of congress, nor person holding or exercising any office of trust or profit under the United States, or either of them, or LOUISIANA. 299 under any foreign powers, shall be eligible us a member of the gcneial assembly of this state, or hold or exercise any office of trust or profit under the same. 15. All laws that may be passed by the legislature of the state of Louisiana, and the judicial and legislative written proceedings of the same, shall be promulgated, preserved, and conducted, in the language in which the constitution of the United States is written. 1 C. The general assembly shall direct by law how persons who now are or may hereafter become securities for public officers, may be returned or discharged on account of such securityship. 1 7. No power of suspending the laws of this state shall be exercised, unless by the legislature or its authority. 18. In all criminal prosecutions, the accused shall have the right of being heard, by himself or counsel : of demanding the nature and cause of the accusation against him : of meeting the witnesses face to face : of having compulsory process for obtaining witnesses in his favour ; and, in prosecutions by indictment, or information, a speedy public trial by an impartial jury of the vicinage ; nor shall he be compelled to give evi- dence against himself. 19. All prisoners shall be bailable by sufficient securities, unless for capital offences, where the proof is evident or presumption great ; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may re- quire it. 20. No ex post facto law, nor any law impairing the obligation of contracts, shall be passed. 21. Printing presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any branch of the govern- ment : and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. 22. Emigration from the state shall not be prohibited. 23. The citizens of the town of New Orleans shall have the right of appointing the several public officers necessary for the administration and the poUce of the said city, pursuant to the mode of election which shall be prescribed by the legislature : Provided, that the mayor and re- corder shall be ineligible to a seat in the general assembly. 24. The seat of government shall continue at New Orleans until re- moved by law. 25. All laws contrary to this constitution shall be null and void. ARTICLE 7. JMode of Revising the Constitution. § 1. When experience shall point out the necessity of amending this constitution, and a majority of all the members elected to each house of the gereral assembly shall, within the first twenty days of their stated annua» session, concur in passing a law, specifying the alterations in- tended to be made, for taking the sense of the good people of this state, as to the necessity and expediency of calling a convention, it shall be the duty of the several returning officers, at the next general election 300 CONSTITUTION OF which shall be held for representatives after the passage of such law, to open a poll for, and make return to the secretary for the time being, of the names of all those entitled to vote for representatives, who have voted for calling a convention ; and if thereupon it shall appear that a ma- jority of all the citizens of this state, entitled to vote for representatives, have voted for a convention, the general assembly shall direct that a similar poll shall be opened and taken from the next year ; and if there- upon it shall appear that a majority of all the citizens of this state enti- tled to vote 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 shall be in the general assembly, and no more ; to bo chosen in the same manner and proportion, at the same places, and at the same time, that representatives are, by citizens entitled to vote for representatives ; and to meet within three months after the said elec tion for the purpose of readopting, amending, or changing this constitu- tion. But if it shall appear, by the vote of either year, as aforesaid, that a majority of all the citizens entitled to vote for representatives did not vote for a convention, a convention shall not be called. SCHEDULE. § 1. That no inconveniences may arise from a change of a territorial o a permanent state government, .it is declared by the convention, that all rights, suits, actions, prosecutions, claims, and contracts, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this government, in virtue of the laws now in foi'ce. 2. All fines, penalties, and forfeitures, due and owing to the territory of Orleans shall inure to the use of the state. All bonds executed to the governor, or any other officer in his official capacity in the territory, shall pass over to the governor, or to the officers of the state, and their successors in office, for the use of the state, by him or by them to be re- spectively assigned over to the use of those concerned, as the case may be. 3. The governor, secretary, and judges, and all other officers under the territorial government, shall continue in the exercise of the duties of their respective departments until the said ofHcers are superseded under the authority of the constitution. 4. All laws now in force in this territory, not inconsistent with this constitution, shall continue and remain in full effect until repealed by the legislature. 5. The governor of this state shall make use of his private seal, until a state seal be procured. 6. The oaths of office herein directed to be taken may be administered by any justice of the peace, until the legislature shall otherwise direct. 7. At the expiration of the time after which this constitution is to go into operation, or immediately after official information shall have been received that congress have approved of the same, the president of the convention shall issue writs of election to the proper officers in the dif- ferent counties, enjoining them to cause an election to be held for gover- nor and members of the general assembly, in each of their respective dis- tricts. The election shall commence on the fourth Monday following the day of the president's proclamation, and shall take place on the same LOUISIANA. 301 day throughout the state. The mode and duration of the said election shall be determined by the laws now in force ; Provided, however, that in case of absence or disability of the president of the convention to cause the said election to be carried into effect, the secretary of the con- vention shall discharge the duties hereby imposed on the president ; and that in case of the absence of the secretary, a committee of Messrs. Blanque, Brown, and Urquhart, or a majority of them, shall discharge the duties herein imposed on the secretary of the convention ; and the members of the general assembly thus elected, shall assemble on the fourth Monday thereafter, at the seat of government. The governor and members of the general assembly, for this time onl}'^, shall enter upon the duties of their respective offices immediately after their election, and shall continue in office in the same manner, and during the same period, they would have done had they been elected on the first Monday of July, 1812. 8. Until the first enumeration shall be made, as directed in the sixth section of the second article of this constitution, the county of New Or- leans shall be entitled to six representatives, to be elected as follows : one by the first senatorial district within the said county, four by the second district, and one by the third district ; the county of German Coast to two representatives ; the county of Acadia to two representatives ; the county of Iberville to two representatives ; the county of Lafourche to two representatives, to be elected as follows : one by the parish of As- sumption, and the other by the parish of the Interior ; the county of Ra- pides to two representatives ; the county of Natchitoches to one repre- sentative ; the county of Concordia to one representative ; the county of Ouacliitta to one representative ; the county of Oppelousas to two repre- sentatives ; the county of Attakapas to three representatives, to be elected as follows : two by the parish of St. Martin, and the third by the parish of St. Mary ; and the respective senatorial districts, created by this con- stitution, to one senator each. Done in convention, at New Orleans, the 22d day of the month of January, in the year of our Lord 1812, and of the independence of the United States of America the 36th. J. POYDRAS, President of the Convention, J. D. Degoutin Bellesschase, Bela Hubbard, jr. J. Blanque, St. Martin, F. J. Le Breton D'Orgenoy, H. S. Thibodaux, Mgre. Guichard, S. Hiriart, S. Henderson, Robert Hall, P. Dennis de la Ronde, T. F. Oliver, F. Livandais, Levi Wells, Bernard Marigny, P. Bossier Prud'liomme, Thomas Urquhart, James Dunlap, J. Villere, D. B. Morgan, John Watkins, Henry Bry, Samuel Winters, Allen B. Magruder, James Brown, D. J. Sutton, J. N. Destrehan, John Thompson, Andre La Branche, _ Louis De Blanc, 2 C 302 ' CONSTITUTION OT Michel Cantrelle, Henry Johnson, G. Roussin, W. C. Maquille, Amant Hebert, Charles Oliver, Wm. Wikoff, jr. Alexander Porter, jr. Wm. Goforth, M. L. Reynaud. Attest, Elijius F»oMEir'riN, Secretary to the Convention, AN ORDINANCE Relating to the public lands of the United States, and the lands oj non-resident proprietors, citizens of said states, -within the terri' tory of Orleans. Be it ordained, by the representatives of the people of the territory of Orleans, in convention assembled, agreeably to an act of congress, en- titled " An act to enable the people of the territory of Orleans 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 for other purposes," that the people inhabiting the said territory do agree and declare, that they do for ever disclaim all right or title to the v^raste or unappropriated lands lying within the said territory ; and that the same shall be and remain at the sole and entire disposition of the United States. And be it further ordained, by the authority aforesaid, that each and every tract of land sold by congress, shall be and remain exempt from any tax, laid by the order, or under the authority of the state of Louisi- ana, whether for state, county, township, parish, or any other purpose whatever, for the term of five years, from and after the respective days of the sales thereof; and that the lands belonging to the citizens of the United States, residing without the said state, shall never be taxed higher than the lands belonging to persons residing therein : and that no taxes shall be imposed on lands the property of the United States. And be it further ordained, by the authority aforesaid, that this ordi- nance shall never be revoked, vnthout the consent of the United States in congress assembled, being first obtained for that purpose. By the unanimous order of the convention: J. POYDRAS, President of the Convention, Elijius YmoT/msiTS, Secretary to the Convention Done in convention, at New Orleans, this 28th day of January, in the year of our Lord 1813, and of the independence of the United Statea the 36th. MISSISSIPPI. 303 CONSTITUTION OF MISSISSIPPI. AUTICIK 1. Declaration of Rights That the general, great and essential principles of liberty and free government may be recognised and established, we declare : — § 1. That all freemen, when they fofm a social compact, are equal in rights ; and that no man, or set of men, are entitled to exclusive, sepa- rate public emoluments or privileges from the community, but in con- sideration of public services. 2. That all political power is inherent in the people, and all free governments are founded on their authority and established for their benefit ; and, therefore, they have at all times an unalienable and inde- feasible right to alter or abolish their form of government, in such man- ner as they may think expedient 3. The exercise and enjoyment of religious profession and worship, without discrimination, shall for ever be free to all persons in this state : Provided, that the right hereby declared and established shall not be so construed as to excase acts of licentiousness, or justify practices incon- sistent with the peace and safety of the state. 4. No preference shall ever be given by law to any religious sect, or mode of worship. 5. That no person shall be molested for his opinions on any subject whatever, nor suffer any civil or political incapacity, or acquire any civil or political advantage, in consequence of such opinions, except in cases provided for in this constitution. 6. Every citizen may freely speak, write and publish his sentiments on all subjects ; being responsible for the abuse of that liberty. 7. No law shall ever be passed to curtail or restrain the liberty of speech, or of the press. 8. In all prosecutions or indictments for libel, the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifi- able ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the facts. 9. That the people shall be secure in their persons, houses, papers, and possessions from unreasonable seizures and searches ; and that no war- rant to search any place, or to seize any person or thing, shall issue with- out describing the place to be searched, and the person or thing to be seized, as nearly as may be, nor without probable cause, supported by oath or affirmation. 10. That in all criminal prosecutions the accused hath a right to be heard, by himself or counsel, or both; to demand the nature and cause of the accusation ; to be confronted by the witnesses against him ; to have compulsory process for obtaining witnesses in his favour ; and in all prosecutions by indictment or information a speedy and public trial by an impartial jury of the county where the offence was committed • 304 CONSTITUTIONOF that he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, but by due course of law, 11. No person shall be accused, arrested or detained, except in casea ascertained by law, and according to the form which the same has pre- scribed ; and no person shall be punished but in virtue of a law established and promulgated prior to the offence, and legally applied. 12. That no person shall, for any indictable offence, be proceeded against criminally by information : except in cases arising in the land or naval forces, or in the militia when in actual service, or by leave of the court, for misdemeanor in office. 13. No person shall, for the same offence, be twice put in jeopardy of life or limb ; nor shall any person's property be taken ch: applied to public use without the consent of the legislature, and without just compensation being first made therefor. 14. That all courts shall be open, and every person for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay. 15. That no power of suspending laws shall be exercised, except by the legislature, or its authority. 16. That excessive bail shall not be required, nor excessive fines im- posed, nor cruel punishments inflicted. 17. That all prisoners shall before conviction be bailable by sufficient securities, except for capital offences, where the proof is evident, or the presumption great ; and the privilege of the writ of habeas corpus shall not be suspended, unless, when in case of rebellion or invasion, the public safety may require it. 18. That the person of a debtor, when there is not strong presumption of fraud, shall not be detained in prison, after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law. 19. No conviction for any offence shall work corruption of blood or forfeiture of estate : The legislature shall pass no bill of attainder, ex post facto law, nor law impairing the obligation of contracts. 20. No property qualification for eligibility to office, or for the right of suffrage, shall ever be required by law in this state. 21. That the estates of suicides shall descend or vest as in cases of natural death : and if any person shall be killed by casuality, there shall be no forfeiture by reason thereof. 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 powers of government for redress of grievances, or other proper pur. poses, by petition, address or remonstrance. 23. Every citizen has a right to bear arms in defence of himself anti of the state. 24. No standing army shall be kept up without the consent of the le- gislature ; and the military shall in all cases, and at all times, be in strict subordination to the civil power. 25. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, or in time of war, but in manner to be prescribed by law» 26. That no hereditary emoluments, privileges or honours, shall evcT be granted or conferred in this state. MISSISSIPPI. 305 27. Emigration from this state shall not be prohibited, nor shall an)- free white citizen of this state ever be exiled under any pretence what- ever. 28. The right of trial by jury shall remain inviolate. 29. No person shall be debarred from prosecuting or defending any civil cause for or against him or herself before any tribunal in tliis state, by him or herself, or counsel or both. 30. No person shall ever be appointed or elected to any office in this slate for life or during good behaviour ; 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. COXCLUSION. The guard against transgressions of the high powers herein delegated, we declare, that every thing 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 2. Distribution of Powers, § 1 . The powers of the government of the state of Mississippi, shall be divided into three distinct departments, and each of them confided to a separate body of magistracy ; to wit : those which are legislative to one, those which are judicial to another, and those which are executive to another. 2. No person, or collection of persons, being of one of these depart- ments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or per- mitted. ARTICLK 3. Legislative Depnrtme7it. § 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 re- sided in this state one year next preceding an election, and the last four months within the county, city or town in which he offers to vote, shall be deemed a qualified elector. And any such qualified elector who may happen to be in any county, city or town other than that of his residence at the time of an election, or who shall have removed to any county, city or town within four months preceding the election, from any county, city or town, in which he would have been a qualified elector had he not so removed, may vote for any state or district officer or member of con- gress, for whom he could have voted in the county of his residence, or the county, city or town, from which he may have so removed. 2. Electors shall, in all cases, except in those of treason, felony or breach of the peace, be privileged from arrest, during their attendance on elections, and going to and returning from the same. 3. The first election shall be by ballot, and all future elections, by the people, shall be regulated by law. 4. The legislative power of this state shall be vested in two distinct branches ; the one to be styled " the senate," the other " the house of representatives;" and both together, ' the legislature of the state of Mis- 2c 2 306 CONSTITUTION OF sissippi." And the style of their laws shall be, '• Be it enacted by the leg'oslature of the state of Mississippi." 5. The members of the house of representatives shall be chosen by the qualified electors, and shall serve for the term of two years, from the day of the commencement of the general election, and no longer. 6. The representatives shall be chosen every two years, on the first Monday and day following in November. 7. No person shall be a representative unless he be a citizen of the United States, and shall have been an inhabitant of this state two years next preceding his election, and the last year thereof a resident of the county, city or town for which he shall be chosen ; and shall have attained the age of twenty-one years. 8. Elections for representatives for the several counties, shall be held at the places of holding their respective courts, or in the several election districts into which the county may be divided : Provided, That when it shall appear to the legislature that any city or town hath a number of free white inhabitants equal to the ratio then fixed, such city or town shall have a separate representation, according to the number of free white inhabitants therein, which shall be retained so long as such city or town shall contain a number 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 ^vaich such city or town entitled to a separate representation is situated, shall not be held in such city or town, ^nd 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 \ye entitled to such repre- sentation : ..ind provided also, That when there are two or more coun- ties adjoining, which have residuums over and above the ratio then fixed by law, if said residuums, when added together, will amount to such ratio, in that case one representative shall be added to that county having the largest residuum. 9. The legislature shall at their first session, and at periods of not less than every four, nor more than every six years, until the year 1845, and thereafter at periods of not less than every four, nor more than every eight years, cause an enumeration to be made of all the free white inha- bitants of this state, and the whole number of representatives shall, at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the several counties, cities or towns entitled to separate representation, according to the number of free white inhabitants in each, and shall not be less than thirty-six nor more than one hundred : Provided, hoxvever. That each county shall always be entitled to at least one representative. 10. The whole number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature, and apportioned among the several districts to be established by law, according to the number of free white inhabitants in each, and shall never be less than one-fourth, nor more than one-third of the whole number of representatives. 11. The senators shall be chosen by the qualified electors, for four years, and on their being convened in consequence of the first election, MISSISSIPPI. 307 they shall be divided by lot from their respective districts into two classes as nearly equal as can be. — And the seats of the senators of the first class shall be vacated at the expiration of the second year. 12. Such mode of classifying new additional senators shall be ob- served as will as nearly as possible preserve an equality of numbers in each class. 13. When a senatorial district shall be composed of two or more counties, it shall not be entirely separated by any county belonging to another district ; and no county shall be divided in forming a district. 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. 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 attendance of absent members, in such manner and under such penalties as each house may provide. 16. Each house may determine the rules of its own proceedings, punish members for disorderly behaviour, and with the consent of two- thirds, expel a member, but not a second time for the same cause ; and shall have all other powers necessary for a branch of the legislature of a free and independent state. 17. Each house 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 members present, be entered on the journal. 18. When vacancies happen in either house, the governor, or the person exercising the powers of the governor, shall issue writs of election to fill such vacancies. 19. Senators and representatives shall in all cases, except of treason, felony, or breach of the peace, be privileged from arrest during 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. 20. Each house may punish by imprisonment, during the session, any person, not a member, for disrespectful or disorderly behaviour in its pre- sence, or for obstructing any of its proceedings : Provided, such impri- sonment shall not, at any one time, exceed forty-eight hours. 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. 22. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. 23. Bills may originate in either house, and be amended, altered or re- jected 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 four-fifths. of the house in which the bill shall be pending. 308 CONSTITUTION OF 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 tkeir respective houses. 24. All bills for raising revenue shall originate in the house of repre- sentatives, but the senate may amend or reject them as other bills. 25. Each member of the legislature 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 effect during the session at which such increase shall have been made. 26. No senator or representative shall, during the term for which he shall have been elected, nor for one year thereafter, be appointed to any civil office of profit under this state, which shall have been created, or the emoluments of which shall have been increased, during such term, except such offices as may be filled by elections by the people ; and no member of either house of the legislature shall, after the commencement of the first session of the legislature after his election, and during the remainder of the term for which he is elected, be eligible to any office or place, the appointment to which may be made in whole or in part by either branch of the legislature. 27. No judge of any court of law or equity, secretary of state, attorney general, clerk of any court of record, sheriff or collector, or any person holding a lucrative office imder the United States or this state, shall be eligible to the legislature : Provided, That offices in the militia, to which there is attached no annual salary, and the office of justice of the peace, chall not be deemed lucrative. 28. No person who hath heretofore been, or hereafter may be, a collector or holder of public moneys, shall have a seat in either house of the legislature, until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable. 29. 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 bienniai elections for senators to fill the places of those whose term of service may have expired. 30. The first and all future sessions of the legislature shall be held in the town of Jackson, in the county of Hinds, until the year 1850. During the first session thereafter, the legislature shall have power to designate by law the permanent seat of government : Provided, however, That unless such designation be then made by law, the seat of govern- ment shall continue permanently at the town of Jackson. The first session shall commence on the third Monday in November, in the year 1833. And in every two years thereafter, at such time as may be pre- scribed by law. 31. The governor, secretary of state, treasurer, auditor of public ac- counts, and attorney general, shall reside at the seat of government. ARTICLE 4. Judicial Department. § 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 proA'ided for in this constitution. 2. The high court of errors and appeals shall consist of three judges, any two of whom shall form a quorum. The legislature shall divide the state into three districts, and the qualified electors of each district shall elect one of said judges for the term of six years. .3. The office of one of said judges shall he vacated in two years, and of one in four years, and of one in six years, so that at the expiration of every two years, one of said judges shall be elected as aforesaid. 4. The high court of errors and appeals shall have no jurisdiction, but such as properly lielongs to a court of errors and appeals. 5. All vacancies that may occur in said court, from death, resignation or removal, shall be filled by election as aforesaid. Provided, however, that if the unexpired term do not exceed one year, the vacancy shall be filled by executive appointment. 6. No person shall be eligible to the office of judge of the high court of errors and appeals, who shall not have attained, at the time of his election, the age of thirty years. 7. The high court of errors and appeals shall be held twice in each year, at such place as the legislature shall direct, until the year eighteen hundred and thirty-six, and afterwards at the seat of government of the state. 8. The secretary of state, on receiving all the official returns of the first election, shall proceed, forthwith, in the presence and with the assist- ance 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 accordingly. 9. No judge shall sit on the trial of any cause when the parties or either of them shall be connected with him by affinity or consanguinity, or when he may be interested in the same, except by consent of the juJge and of the parties ; and whenever a quorum of said court are situated as aforesaid, the governor of the state shaft in such case spe- cially commission two or more men of law knowledge for the determina- tion thereof. 10. The judges of said court shall receive for their services a compen- sation to be fixed by law, which shall not be diminished during their continuance in office. 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. 12. No person shall be eligible to the office of judge of the circuit court, who shall not at the time of his election, have attained the age of twenty-six years. 13. The state shall be divided into convenient districts, and each dis- trict shall contain not less than three nor more than twelve counties. 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. 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 interchange cir- cuits with each other, in such manner as may be prescribed by law. 310 CONSTITUTION OF and shall receive for their services a compensation to be fixed by law, which shall not be diminished during their continuance in office. 16. A separate superior court of chancery shall be established, with full jurisdiction in all matters of equity ; Provided, however, the legisla- ture 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 quali- hpd electors of the whole state, for the term of six years, and shall be at \evt thirty years old at the time of his election. I /. The style of all process, shall be " The state of Mississippi," and all prosecutions shall be carried on in the name and by the authority of " The state of Mississippi," and shall conclude " against the peace and dignity of the same." 18. A court of probates shall be established in each county of this state, with jurisdiction in all matters testamentary and of administration in orphans' business and the allotment of dower, increase of idiotcy 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. 19. The clerk of the high court of errors and appeals shall be ap- pointed 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 quaUfied electors of the respective counties, and shall hold their offices for the term of two years. 20. The qualified electors of each county shall elect five persons for the term of two years, who shall constitute a board of jwlice for each county, a majority of whom may transact business ; which body shall have full jurisdiction over roads, highways, ferries, and bridges, and all other matters of county police, and shall order all county elections to fill vacancies that may occur in the offices of their respective counties : the clerk of the court of probate shall be the clerk of the board of county police. 21. No person shall be eligible as a member of said board, who shall not have resided one year in the county : but this qualification shall not extend to such new counties as may hereafter be established until one year after their organization ; and all vacancies that may occur in said board shall be supplied by election as aforesaid to fill the unexpired term. 22. The judges of all the courts of the state, and also the members of the board of county police, shall in virtue of their offices be conservators of the peace, and shall be by law vested with ample powers in this respect. 23. A competent number of justices of the peace and constables shall be chosen in each county by the qualified electors thereof, by districts, who shall hold their offices for the term of two years. The jurisdiction of justices of the peace shall be limited to causes in which the principal of the amount in controversy shall not exceed fifty dollars. In all causes tried by a justice of the peace, the right of appeal shall be secured under such rules and regulations as shall be prescribed by law. 24. The legislature may from time to time establish such other inferior courts as may be deemed necessary, and abolish the same whenever they shall deem it expedient. MISSISSIPPI. 311 25. There shall be an attorney general elected by the qualified electors #f the state ; and a competent number of district attorneys shall be elect- ed by the qualified voters of their respective districts, whose compensa- tion and term of service shall be prescribed by law. 26. The legislature shall provide by law for determining contested elections of judges of the high court of errors and appeals, of the cir- cuit and probate courts, and other officers. 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 legislature ; 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 notified and admitted to a hearing in his own defence before any vote for such address shall pass ; the yote on such address shall be taken by yeas and nays, and entered on the journals of each house. 28. Judges of probate, clerks, sheriifs, and other county officers, for wilful neglect of duty, or misdemeanor in office, shall be hable to present- ment or indictment by a grand jury, and trial by a petit jury, and upon conviction shall be removed from office. ARTICLE 5. Executive Department. § 1. The chief executive power of this state shall be vested in a governor, who shall hold his office for two years from the time of his installation. 2. The governor shall be elected by the qualified electors of the state. The returns of every election for governor shall be sealed up and trans- mitted to the seat of government, directed to the secretary 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 speaker shall open and publish them in the presence of both houses of the legislature. The person having the highest number of votes shall be governor ; but if two or more shall be equal and highest in votes, then one of them shall be chosen governor by the joint ballot of both houses of the legislature. Contested elections for governor shall be determined by both houses of the legislature, in such manner as shall be prescribed by law. 3. The governor shall be at least thirty years of age, shall have been a citizen of the United States for twenty years, shall have 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. 4. He shall, at stated times, receive for his services a compensation which shall not be increased or diminished during the term for which he shall be elected. 5. He shall be commander in chief of the army and navy in this state, and of the militia, except when they shall be called into the service of the United States. 6. He may require information in writing, from the officers in the executive department, on any subject relating to the duties of their respective offices. 312 CONSTITUTION OF 7. He may, in cases of emergency, convene the legislature at the seat of government, or at a different place, if that shall have become, since their last adjournment, dangerous from an enemy or from disease ; and ii3 case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such lime as he shall think proper, not beyond the day of the next stated meeting of the legislature. 8. He shall from time to time give to the legislature information of the state of the government, and recommend to their consideration such measures as he may deem necessary and expedient. 9. He shall take care that the laws be faithfully executed. 10. In all criminal and penal cases, except in those of treason and impeachment, he shall have power to grant reprieves and pardons, and remit fines ; and in cases of forfeiture to stay the collection until the end of the mxt session of the legislature, and to remit forfeitures by and with thtu 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. 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 ihe secretary of state. 12. There shall be a seal of this state, which shall be kept by the go- vernor, and used by him officially, and shall be called the great seal of the state of Mississippi. 13. All vacancies not provided for in this constitution shall be filled in such manner as the legislature may prescribe. 14. The secretary of state shall be elected by the qualified electors of the state, and shall continue in office during the term of two years. He shall keep a fair register of all the official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the legislature, and shall perform such other duties as may be required of him by law. 15. Every bill which shall have passed both houses of the legislature shall be presented to the governor ; if he approve, he shall sign it, but if not, he shall return it with his objections to the house in which it shall have originated, which shall enter the objections at large upon their journals, and proceed to reconsider it. If after such reconsideration two- thirds of the house shall agree to pass the bill, it shall be sent with the objections to the other house, by which it shall likewise be reconsidered ; if approved by two-thirds of that house, it shall become a law. But in such case the votes of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journals of each house respectively. If any bill shall not be returned by the governor within six days (Sundays excepted) after it shall have been presented to him, the same shall become a law in like manner as if he had signed it, unless the legislature by their adjournment prevent its return, in which case it shall become a law. 16. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except resolutions for the purpose of obtaining the joint action of both houses, and on questions of adjournment, shall be presented to the governor, and before it shall'take effect be approved MISSISSIPPI. 313 by him, or being disapproved, shall be repassed by both houses according to the rules and limitations prescribed in the case of a bill. 17. Whenever the office of governor shall become vacani by death, resignation, removal from office, or otherwise, the president of the senate shall exercise the office of governor until another governor shall be duly qualified ; and in case of the death, resignation, removal from office, or other disqualification of the president of the senate so exercising the office of governor, the speaker of the house of representatives shall exercise the office, until the president of the senate shall have been chosen ; and when the office of governor, president of the senate, and speaker of the house shall become vacant, in the recess of the senate, the person acting as secretary of state for the time being, shall by proclamation convene the senate, that a president may be chosen to exercise the office of governor. 18. When either the president or speaker of the house of representa- tives shall so exercise said office, he shall receive the compensation of governor only, and his duties as president or speaker shall be suspended, and the senate or house of representatives, as the case may be, shall fill the vacancy until his duties as governor shall cease. -- 19. A sheriff, and one or more coroners, a treasurer, surveyor, and ranger shall be elected in each county by the qualified electors thereof, who shall hold their offices for two years, unless sooner removed ; except that the coroner shall hold his office until his successor be duly qualified. 20. A state treasurer and auditor of public accounts shall be elected by the qualified electors of the state, who shall hold their offices for the term of two years, unless sooner removed. J\Tilitia. § 1. The legislature shall provide by law for organizing and disciplin- ing the militia of this state, in such manner as they shall deem expe- dient, not incompatible with the constitution and laws of the United States, in relation thereto. 2. Commissioned officers of the militia (staff officers and the officers of volunteer companies excepted) shall be elected by the persons liable to perform military duty, and the qualified electors within their respective commands, and shall be commissioned by the governor. 3. The governor shall have power to call forth the militia to execute the laws of the state, to suppress insurrection, and repel invasion. ARTICLE 6. Impeachments. § 1. The house of representatives shall have the sole power of im- peaching. 2. All impeachments shall be tried by the senate. When sitting 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. 3. The governor, and all civil officers, shall be liable to impeachment for any misdemeanor in office, but judgment in such cases shall not ex- tend further than to removal from office, and disqualification to hold any office of honour, trust, or profit under the state : but the party convict- ed shall, nevertheless, be Uable and subject to indictment, trial, and punishment, according to law, as in other cases, 2 D 314 CONSTITUTION OF AIITICLE 7. General Provisions. § 1. Members of the legislature, and all officers, executive and judi- cial, before they enter upon the duties of their respective oilices, shall take the following oath or affirmation, to wit : " I 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.'' 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 on the duties of their respective offices, to take the following oath or affirmation : " I do solemnly swear (or affirm, as the case may be) that I have not been engaged in a duel, by sending or accepting a challenge to fight a duel, or by fighting a duel since the first day of January, in the year of our Lord one thousand eight hundred and thirty- three, nor will I be so engaged during my continuance in office. So help me God" 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 per- son shall be convicted of treason, unless on the testimony of two wit- nesses to the same overt act, or his own confession in open court. 4. Every person shall be disqualified from holding an office or place of honour or profit under the authority of this state, who shall be con- victed of having given or offered any bribe to procure his election. Laws shall he made to exclude from office and from suffrage those who shall thereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanors. The privilege of free suffrage shall be sup- ported by laws regulating elections, and prohibiting, under adequate pen- alties, all undue influence therein, from power, bribery, tumult, or other improper conduct. 5. No person who denies the being of a God, or a future state of re- wards and punishments, shall hold any office in the civil department of this state. 6. No law of a general nature, unless otherwise provided for, shall be enforced until sixty days after the passage thereof. 7. No money shall be drawn from the treasury but in consequence of an appropriation made by law, nor shall any appropriation of money for the support of an army be made for a longer term than one year. 8. No money from the treasurer shall be appropriated to objects of internal improvement, unless a bill for that purpose be approved by two-thirds of both branches of the legislature ; and a regular statement and account of the receipts and expenditures of public moneys shall be published annually. 9. No law shall ever be passed to raise a loan of money upon the credit of the state, or to pledge the faith of the state or the payment oi redemption of any loan or debt, unless such law be proposed in the senate or house of representatives, and be agreed to by a majority of the members of each house, and entered on their journals with the yeas and nays taken thereon, and be referred to the next succeeding legislature, and MISSISSIPPI. 315 published for three months previous to the next regular election, in three newspapers of the state ; and unless a majority of each branch of the legislature, so elected, after such publication, shall agree to, and pass such law ; and in such case the yeas and nays shall be taken, and entered on the journals of each house: Provided, that nothing in this section shall be so construed as to prevent the legislature from negotiating a further loan of one and a half million of dollars, and vesting the same in stock reserved to the state by the charter of the Planters' Bank of the state of Mississippi. 10. The legislature shall direct, by law, in what manner and in what courts, suits may be brought against the state. 11. Absence on business of this state, or of the United States, or on a visit, or necessary private business, shall not cause a forfeiture of citizenship or residence once obtained. 12. It shall be the duty of the legislature to regulate, by law, the cases in which deductions shall be made from salaries of public officers for neglect of duty in their official capacity, and the amount of such de- duction. 13. No member of congress, nor any person holding any office of profit or trust under the United States, (the office of post-master ex- cepted,) or any other state, of the union, or under any foreign power, shall hold or exercise any office of trust or profit under this state. 14. Religion, morality, and knowledge, being necessary to good go- vernment, the preservation of liberty, and the happiness of mankind, schools, and the means of education, shall for ever be encouraged in this state. 15. Divorces from the bonds of matrimony shall not be granted, but in cases provided for by law, by suit in chancery. 16. Returns of all elections by the people shall be made to the secre- tary of state in such manner as may be prescribed by law. 17. No new county shall be established by the legislature, which shall reduce the county or counties, or either of them, from which it may be taken, to less contents than live hundred and seventy-six square miles ; nor shall any new county be laid off of less contents. IS. 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. § 1. The legislature shall have no power to pass laws for the emanci- pation of slaves without the consent of their owners, unless where the slave shall have rendered to the state some distinguished service; in which case the owner shall be paid a full equivalent for the slave so emancipated. They shall have no power to prevent emigrants to this state from bringing with them such persons as are deemed slaves by the laws of any one of the United States, so long as any person of the same age or description shall bR continued in slavery by the laws of this state : Provided, that such person or slave be the bona fide property of such emigrants ; and provided, also, that laws may be passed to prohibit the introduction into this state of slaves who may have committed high 316 CONSTITUTION OF crimes in other states. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have full power to oblige the owners of slaves to treat them with humanity ; to provide for them necessary clothing and provisions ; to abstain from all injuries to them, extending to life or limb ; and in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves sold for the benefit of the owner or owners. 2. The introduction of slaves into this state as 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 individual use, until the year eighteen hundred and forty-five. 3. In the prosecution of slaves for crimes of which the punishment is not capital, no inquest by a grand jury shall be necessary ; but the pro- ceedings in such cases shall be regulated by law. J\Iode of revising the Constitution: Whenever two-thirds of each branch of the legislature shall deem any change, alteration, or amendment necessary to this constitution, such proposed change, alteration, or amendment shall be read and passed by a 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 or against such change, alteration, or amendment ; and if it shall appear that a majority of the qualified electors voting for members of the legislature, shall have voted for the proposed change, alteration, or amendment, then it shall be insert- ed by the next succeeding legislature, as a part of this constitution, and not otherwise. SCHEDULE. § 1. All rights vested, and all liabilities incurred, shall remain the same as if this constitution had not been adopted. 2. All suits at law or in equity, now pending in the several courts of this state, may be transferred to such court as may have proper jurisdic- tion thereof. 3. The governor and all officers, civil and military, now holding com- missions under the authority of this state, shall continue to hold and ex- ercise their respective offices until they shall be superseded, pursuant to the provisions of this constitution, and until their successors be duly qualified. 4. All laws now in force in this state, not repugnant to this constitu- tion, shall continue to operate until they shall expire by their own limi- tation, or be altered or repealed by the legislature. 5. Immediately upon the adoption 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 election to be held on the first Monday and day following in December next, for members of the legislature, at the respective places of holding elections in said coun- ILLINOIS. 317 ties, which elections shall be conducted in the manner prescribed by the existing election laws of this state : and the members of the legislature thus elected, shall continue in office until the next general election, and shall convene at the seat of government 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 county officers under this constitution, (members of the legisla- ture excepted,) and the officers then elected shall continue in office until the succeeding general election and after, in the same manner as if the election had taken place at the time last aforesaid. 6. Until the first enumeration shall be made, as directed by this con- stitution, the apportionment of senators and representatives among the several districts and counties in this state shall remain as at present fixed by law. P. RUTILIUS R. PRAY, President of the Convention, and Representative from the county of Hancock, Attest, JoHX H. Mat.lort, Secretary. CONSTITUTION OF ILLINOIS. The Constitntion of the State of Illinois, adopted in convention, at Kaskaskia, on the txveuty-sixth day of August, in the year of oxir Lord one thonsand eight hundred and eighteen, and of the inde- pendence of the United States the forty-third. The people of the Illinois territory, having the right of admission into the general government, as a member of the Union, consistent with thf constitution of the United States, the ordinance of congress of 1787, and the law of congress " approved April 18th, 1818," entitled " An act to enable the people of the Illinois territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states, and for other purposes ; in ordei to establish justice, promote the welfare, and secure the blessings of liberty to themselves and their posterity, do, by their representatives in convention, ordain and establish the following constitution or form of government ; and do mutually agree with each other to form themselves into a free and independent state, by the name of the state of lUiiiois. And they do hereby ratify the boundaries assigned to such state by the act of congress aforesaid, which are as follows, to wit : beginning at the mouth of the Wabash river, thence, up the same, and with the line of Indiana, to the north-west corner of said state ; thence, east, with the line of the same state, to the middle of lake Michigan ; thence, north, along the middle of said lake, to north latitude forty-two degrees and 2 n 2 ai8 CONSTITUTION OP thirty minutes ; thence, west, to the middle of the Mississij)pi river ; and thence, down, along the middle of that river, to its confluence with the Ohio river ; and thence, up the latter river, along its north-western shore, to the beginning. AKTICLE 1. Concerning the distribntion of the poivers of Goxwrnment. § 1. The powers of the government of the state of Illinois shall be di- vided into three distinct departments, and each of them be confided to A separate body of magistracy, to wit : those which are legislative, to one ; those which are executive, to another ; and those which are judiciary, to another. 2. No person, or collection of persons, being one of those departments, shall exercise any power properly belonging to either of the others ; ex- cept as hereinafter expressly directed or permitted. Annci-K 2. § 1. The legislative authority of this state shall be vested in a gene- ral assembly, which shall consist of a senate and house of representa- tives, both to be elected by the people. 2. The first election for senators and representatives shall commence on the third Thursday of September next, and continue for that and the two succeeding days ; and the next election shall be held on the first Monday in August, one thousand eight hundred and twenty ; and for ever after, elections shall be held once in two years, on the first Monday of August, in each and every county, at such places therein as may be provided by law. 3. No person shall be a representative who shall not have attained the age of twenty-one years, who shall not be a citizen of the United States, and an inhabitant of this state ; who shall not have resided with- in the limits of the county or district in which he shall be chosen twelve months next preceding his election, if such county or district shall have been so long erected ; but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the public business of the United States or of this state ; and who, moreover, shall not have paid a state or county tax. 4. The senators, at their first session herein provided for, shall be di- vided by lot from their respective counties or districts, as near as can be, into two classes. The seats of the senators of the first class shall be va- cated at the expiration of the second year ; and those of the second class at the expiration of the fourth year, so that one-half thereof, as near as possible, may be biennially chosen for ever thereafter. 5. The number of senators and representatives shall, at the first session of the general assembly, holden after the returns herein provided for are made, be fixed by the general assembly, and apportioned among the seve- ral counties or districts to be established by law, according to the num- ber of white inhabitants. The number of representatives shall not be less than twenty-seven, nor more than thirty-six, until the number of inhabitants within this state shall amount to one hundred thousand ; and the number of senators shall never be less than one-third nor more than one-half of the number of representatives. ILLINOIS. 319 6. No person shall be a senator who has not arrived at the age of twenty-five years, who shall not be a citizen of the United States, and who shall not have resided one year in the county or distiict in which he shall be chosen immediately preceding his election, if such county oi district shall have been so long erected ; but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken ; unless he shall have been absent on the public business of the United States, or of this state, and shall not, moreover, have paid a state or county tax. 7. The senate and house of representatives, when assembled, shall each choose a speaker, and other officers, (the speaker of the senate ex- cepted:) each house shall judge of the qualifications and elections of its members, and sit upon its own adjournments. Two-thirds of each house shall constitute a quorum, but a smaller number may adjourn from day to day, and compel the attendance of absent members. 8. Each house shall keep a journal of its proceedings, and publish them ; the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals. 9. Any two members of either house shall have liberty to dissent and protest against any act or resolution which they may think injurious to the public or to any individual, and have the reasons of their dissent en- tered on the journals. 10. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour ; and, with the concurrence of two- thirds, expel a member, but not a second time for the same cause. 11. When vacancies happen in either house, the governor, or the person exercising the powers of governor, shall issue writs of election to fill such vacancies. 12. Senators and representatives shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during the ses- sion of the general assembly, and in going to and returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place. 13. Each house may punish, by imprisonment during its session, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behaviour in their presence ; provided such imprisonment shall not at any one time exceed twenty-four hours. 14. The doors of each house and of committees of the whole shall be kept open, except in such cases as, in the opinion of the house, require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting. 15. Bills may originate in either house, but may be altered, amended, or rejected by the other. 16. Every bill shall be read on three different days in each house, un- less, in case of urgency, three-fourths of the house where such bill is so depending shall deem it expedient to dispense with this rule : and every bill, having passed both houses, shall be signed by the speakers of their respective houses. 17. The style of the laws of this state shall be, " Be it enacted by the people of the state of Illinois, represented in the general assembly." 18. The general assembly of this state sb '1 not allow the following 320 CONSTITUTION OF officers of government greater or smaller annual salaries than as follows, until the year one thousand eight hundred and twenty-four : the go- vernor one thousand dollars ; and the secretary of state six hundred dollars. 19. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office under this state, which shall have been created, or the emoluments of which shall have been increased, during such time. 20. No money shall be drawn from the treasury but in consequence of appropriations made by law. 21. An accurate statement of receipts and expenditures of public money shall be attached to and published with the laws at the rising of each session of the general assembly. 22. The house of representatives shall have the sole power of im- peaching ; but a majority of all the members present must concur in an impeachment. All impeachments shall be tried by the senate ; and when sitting for the purpose, the senators shall be upon oath or affirma- tion to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of all the senators present. 23. The governo-j-, and all other civil officers under this state, shall be liable to impeachment for any misdemeanour in office ; but judgment in such cases shall not extend farther than to removal from office, and dis- qualification to hold any office of honour, profit, or trust, under thia state. The party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment, and punishment according to law. 24. The first session of the general assembly shall commence on the first Monday in October next, and for ever after the general assembly shall meet on the first Monday in December next ensuing the election of the members thereof, and at no other period, unless as provided by this constitution. 25. No judge of any court of law or equity, secretary of state, attoi- ney-general, attorney for the state, register, clerk of any court of record, sheriff, or collector, member of either house of congress, or person hold- ing any lucrative office under the United States or this state, (provided that appointments in the militia, postmasters, or justices of the peace shall not be considered lucrative offices,) shall have a seat in the general assembly; nor shall any person holding an office of honour or profit under the government of the United States, hold any office of honoui or profit under the authority of this state. 26. Every person who shall be chosen or appointed to any office of trust or profit, shall, before entering upon the duties thereof, take an oath to support the constitution of the United States, and of this state, and also an oath of office. 27. In all elections, all white male inhabitants, above the age of twen- ty-one years, having resided in the state six months next preceding the election, shall enjoy the right of an elector ; but no person shall be en- titled to vote except in the county or district in which he shall actually reside at the time of the election. 28. All votes shall be given, viva voce, until altered by the general assembly. ILLINOIS. ;^-21 29. 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. 30. The general assembly shall have full power to exclude from the privilege of electing, or being elected, any person convicted of bribery, perjury, or any other infamous crime. 31. In the year one thousand eight hundred and twenty, and every fifth year thereafter, an enumeration of all the white inhabitants of the state shall be made, in such manner as shall be directed by law. 32. All bills for raising a revenue shall originate in the house of re- presentatives, subject, however, to amendment or rejection, as in other cases. ARTICIE 3. § 1. The executive power of this state shall be vested in a governor. 2. The first election of governor shall commence on the third Thurs- day of September next, and continue for that and the two succeeding days ; and the next election shall be held on the first Monday of Au- gust, in the year of our Lord one thousand eight hundred and twenty- two. And for ever after, elections for governor shall be held once in four years, on the first Monday of August. The governor shall be chosen by the electors of the members of the general assembly, at the same places and in the same manner that they shall respectively vote for members thereof. The returns for every election of governor shall be sealed up and transmitted to the seat of government, by the returning officers, di- rected to the speaker of the house of representatives, who shall open and publish them in presence of a majority of the members of each house of the general assembly. The person having the highest number of votes shall be governor ; but if two or more be equal and highest in votes, then one of them shall be chosen governor by joint ballot of both nouses of the general assembly. Contested elections shall be deter- mined by both houses of the general assembly, in such manner as shall be prescribed by law. 3. The first governor shall hold his office until the first Monday of December, in the year of our Lord one thousand eight hundred and twenty-two, and until another governor shall be elected and qualified to oflfice ; and for ever after, the governor shall hold his oflice for the term of four years, and until another governor shall be elected and qualified ; but he shall not be eligible for more than four years in any term of eight years. He shall be at least thirty years of age, and have been a citizen of the United States thirty years ; two years of which, next pre- ceding his election, he shall have resided within the limits of this state. 4. He shall, from time to time, give the general assembly information of the state of the government, and recommend to their consideration such measures as he shall deem expedient. 5. He shall have power to grant reprieves and pardons, after con- viction, except in cases of impeachment. 6. The governor shall at stated times receive a salary for his services, which shall neither be increased nor diminished during the term foi which he shall have been elected. 7. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their 322 CONSTITUTION OF respective offices, and shall take care that the laws be faithfully exe- cuted. 8. When anj' officer, the right of whose appointment is, by this con stitution, vested in the general assembly, or in the governor and senate, shall, during the recess, die, or his office by any means become vacant, the governor shall have power to fill such vacancy, by grantmg a com- mission, which shall expire at the end of the next session of the general assembly. 9. He may, on extraordinary occasions, convene the general assem- bly by proclamation, and shall state to them, when assembled, the pur- pose for which they shall have been convened. 10. He shall be commander-in-chief of the army and navy of this state, and of the militia, except when they shall be called into the ser- vice of the United States. 11. There shall be elected in each and every county in said state, by those who are qualified to vote for members of the general assembly, and at the same times and places where the elections for such members shall be held, one sheriff and one coroner, whose election shall be subject to such rules and regulations as shall be prescribed by law. The said sheriffs and coroners respectively, when elected, shall continue in office two years, be subject to removal and disqualification, and such other rules and regulations as may be from time to time prescribed by law. 12. In case of disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the general assembly to such a time as he thinks proper, provided it be not to a period beyond the next constitutional meeting of the same. 13. A lieutenant-governor shall be chosen at every election for go- vernor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenant- governor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant-governor. 14. He shall, by virtue of his office, be speaker of the senate, have a right, when in committee of the whole, to debate and vote on all subjects, and whenever the senate are equally divided, to give the casting vote. 15. Whenever the government shall be administered by the lieuten- ant-governor, or he shall be unable to attend as speaker of the senate, the senate shall elect one of their own members as speaker for that occasion. And if, during the vacancy of the office of governor, the lieu- tenant-governor shall be impeached, removed from office, refuse to qualify, or resign, or die, or be absent from the state, the speaker of the senate, shall, ''^ /ike manner, administer the government. 16. The lieutea ant-governor, while he acts as speaker of the senate, shall receive for "ais services the same compensation which shall, for the same period, be allowed to the speaker of the house of representa- tives, and no more ; and during the time he administers the govern- ment as governor, he shall receive the same compensation which the governor would have received had he been employed in the duties of his office. 17. If the lieutenant-governor shall be called upon to administer the government, arid shall, while in such administration, resign, die, or be absent from the state, during the recess of the general assembly, it ILLINOIS. 323 shall be the duty of the secretary for the time being to convene the senate for the purpose of choosing a speaker. 18. In case of an impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or absence from the state, the lieulenant-govemor shall exercise all the power and authoiity apper- taining to the office of governor, until the time pointed out by this con- stitution for the election of governor shall arrive, unless the general as- sembly shall provide by law for the election of a governor to lill such vacancy. 19. The governor, for the time being, and the judges of the supreme court, or a major part of them, together with the governor, shall be and are hereby constituted a council to revise all bills about to be passed into laws by the general assembly ; and for that purpose shall assemble them- selves from time to time when the general assembly shall be convened ; for which, nevertheless, they shall not receive any salary or considera- tion, under any pretence whatever ; and all bills which have passed the senate and house of representatives, shall, before they become laws, be presented to the said council for their revisal and consideration ; and if upon such revisal and consideration, it should appear improper to the said council, or a majority of them, that the bill should become a law of this state, they shall return the same, together with their objections thereto, in writing, to the senate or house of representatives, (in whichso- ever the same shall have originated,) who shall enter the objections set down by the council, at large, in their minutes, and proceed to recon- sider the said bill. But if, after such reconsideration, the said senate or house of representatives shall, notwithstanding the said objections, agree to pass the same, by a majorit}' of the whole number of members elected, it shall, together with the said objections, be sent to the other branch of the general assembly, where it shall also be reconsidered ; and if ap- proved by a majority of all the members elected, it shall become a law. If any bill shall not be returned within ten days after it shall have been presented, the same shall be law ; unless the general assembly shall, by their adjournment, render a return of the said bill, in ten days, impracti- cable; in which case the said bill shall be returned on the first day of the meeting of the general assembly after the expiration of the said ten days, or be a law. 20. The governor shall nominate, and, by and with the advice and consent of the senate, appoint a secretary of state, who shall keep a fsdr register of the official acts of the governor, and, when required, shall lay the same, and all papers, minutes, and vouchers, relative thereto, before either branch of the general assembly, and shall perform such other du- ties as shall be assigned him by law. 21. The state treasurer, and public printer or printers for the state, shall be appointed biennially, by the joint vote of both branches of the general assembly : Provided, that during the recess of the same, the go- vernor shall have power to fill such vacancies as may happen in either of said offices. 22. The governor shall nominate, and, by and with the advice and consent of the senate, appoint, all officers, whose offices are established by this constitution, or shall be established by law, and whose appoint- ments are not herein otherwise provided for : Provided, however, that hispectors, collectors, and their deputies, surveyors of the highways, oon- 324 CONSTITUTION OF stables, jailers, and such inferior officers whose jurisdiction may be con fined within tiie limits of the county, shall be appointed in such mannei as the general assembly shall prescribe. ARTICLE 4. § 1. The judicial power of this state shall be vested in one supreme court, and such inferior courts as the general assembly shall from time to time ordain and establish. 2. The supreme court shall be holden at the seat of government, and shall have an appellate jurisdiction only, except in cases relating to the revenue, in cases of mandamus, and in such cases of impeachment aa may be required to be tried before it. 3. The supreme court shall consist of a chief-justice, and three asso- ciates, any two of whom shall form a quorum. The number of justices may, however, be increased, by the general assembly, after the year on« thousand eight hundred and twenty-four. 4. The justices of the supreme court, and the judges of the inferio) courts, shall be appointed by joint ballot of both branches of the general assembly, and commissioned by the governor, and shall hold their offices during good behaviour, until the end of the first session of the general assembly, which shall be begun and held after the first day of January, in the year of our Lord one thousand eight hundred and twenty-four, at which time their commissions shall expire : and until the expiration of which time, the said justices respectively shall hold circuit courts in the several counties, in such manner, and at such times, and shall have and exercise such jurisdiction as the general assembly shall by law prescribe. But ever after the aforesaid period, the justices of the supreme court shall be commissioned during good behaviour, and the justices thereof shall not hold circuit courts, unless required by law. 5. The judges of the inferior courts shall hold their offices during good behaviour, but for any reasonable cause, which shall not be suffi- cient ground for impeachment, both the judges of the supreme and infe- rior courts shall be removed from office, on the address of two^hirds of each branch of the general assembly : Provided, always, that no mem- ber of either house of the general assembly, nor any person connected with a member by consanguinity or affinity, shall be appointed to fill tlie vacancy occasioned by such removal. The said justices of the su preme court, during their temporary appointments, shall receive an an- nual salary of one thousand dollars, payable quarter-yearly out of the public treasury. The judges of the inferior courts, and the justices of the supreme court, who may be appelated after the end of the first ses- sion of the general assembly, which shall be begun and held after the first day of January, in the year of our Lord one thousand eight hun- dred and twenty-four, shall have adequate and competent salaries, which shall not be diminished during their continuance in office. 6. The supreme court, or a majority of the justices thereof, the cir- cuit courts, or the justices thereof, shall respectively appoint their own clerks. 7. All process, writs, and other proceedings, shall run in the name of *' the people of the state of Illinois." All prosecutions shall be carried on in the name and by the authority of " the people of the state of Illi- nois," and conclude " against the peace and dignity of the state." ILLINOIS. 325 8. A competent number of justices of the peace shall be appointed in each county, in such manner as the general assembly may direct, whose time of service, power, and duties, shall be regulated and defined by law. And justices of the peace, when so appointed, shall be commissioned by the governor. ARTICLE 5. § 1. The militia of the state of Illinois shall consist of all free male able-bodied persons, (negroes, mulattoes, and Indians, excepted,) resi- dent in the state, between the ages of eighteen and forty-five years, ex- cept such persons as now are, or hereafter may be, exempted by the laws of the United States, or of this state, and shall be armed, equipped, and trained as the general assembly may provide by law. 2. No person or persons conscientiously scrupulous of bearing arms shall be compelled to do militia duty in time of peace, provided such per- son or persons shall pay an equivalent for such exemption. 3. Company, battalion, and regimental officers, staff officers excepted, shall be elected by the persons composing their several companies, bat- talions, and regiments. 4. Brigadiers and majors-general shall be elected-by the officers of their brigades and divisions respectively. 5. All militia officers shall be commissioned by the governor, and may hold their commissions during good behaviour, or until they arrive at the age of 60 years. 6. The militia shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at musters, and elections of officers, and in going to and returning from the s^me. ARTICLE 6. § 1. Neither slavery nor involuntary servitude shall hereafter be in- troduced into this state, otherwise than for the punishment of crimes whereof the party shall have been duly convicted ; nor shall any male person, arrived at the age of twenty-one years, nor female person arrived at the age of eighteen years, be held to serve any person as a servant, under any indenture hereafter made, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona fide consideration, received, or to be received, for their service. Nor shall any indenture of any negro or mulatto here- after made and executed out of this state, or, if made in this state, where the term of service exceeds one year, be of the least validity, except those given in cases of apprenticeship. 2. No person bound to labour in any other state, shall be hired to la- bour in this state, except within the tract reserved for the salt works, near Shawneetown ; nor even at that place for a longer period than one year at any one time : nor shall it be allowed there after the year one thousand eight hundred and twenty-five ; any violation of this article shall effect the emancipation of such person from his obligation to service. 3. Each and every person who has been bound to service by contract or indenture, in virtue of the laws of the Illinois territory, heretofore ex- isting, and in confonnity to the provisions of the same, without fraud or collusion, shall be held to a specific performance of their contracts or in- dentures ; and such negroes and mulattoes as have been registered, in confonnity with the aforesaid laws, shall serve out the time appointed 2 E 326 CONSTITUTION OF by such laws : Provided, however, that the children hereafter bom of such persons, negroes, or mulattoes, shall become free, the males at the age of twenty-one years, the females at the age of eighteen years. Each and every child born of indentured parents shall be entered with the clerk of the county in which they reside, by their owners, within six months after the birth of said child. ARTICLE 7. § 1. Whenever two-thirds of the general assembly shall think it ne- cessary to alter or amend this constitution, they shall recommend to the electors, at the next election of members of the general assembly, to vote for or against a convention ; and if it shall appear that a majority of all the citizens of the state, voting for representatives, have voted for a con- vention, the general assembly shall, at their next session, call a conven- tion, to consist of as many members as there may be in the general as- sembly, to be chosen in the same manner, at the same place, and by the same electors that choose the general assembly, and which convention shall meet within three months after the said election, for the purpose of revising, altering, or amending this constitution. AKTICLE 8. That the general, great, and essential principles of liberty and free government may be recognised and unalterably established, we declare : § 1. That all men are bom equally free and independent, and have certain inherent and indefeasible rights ; among which are those of en- joying and defending life and liberty, and of acquiring, possessing, and protecting property and reputation, and of pursuing their own happi- ness. 2. That all power is inherent in the people ; and all free governments are founded on their authority, and instituted for their peace, safety, and happiness. 3. That all men have a natural and indefeasible right to worship Al- mighty God according to the dictates of their own consciences : that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent : that no human authority can, in any case whatever, control or interfere with the rights of conscience : and that no preference shall ever be given by law to any religious establishments or modes of worship. 4. That no religious test shall ever be required as a qualification to any office or public trust under this state. 5. That elections shall be free and equal. 6. That the right of the trial by jury shall remain inviolate 7. That the people shall be secure in their persons, houses, papers^ and possessions, from unreasonable searches and seizures; and that general warrants, whereby an officer may be commanded to search sus- pected places without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly de- scribed, and supported by evidence, are dangerous to liberty, and ought not to be granted. 8. That no freeman shall be imprisoned or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the judgment of his peers, or the ILLINOIS. 327 law of the land. And all lands which have been granted as a common to the inhabitants of any town, hamlet, village, or corporation, by any person, body politic or corporate, or by any government having power to make such grant, shall for ever remain common to the inhabitants of such town, hamlet, village, or corporation : and the said commons shall not be leased, sold, or divided, under any pretence whatever : Provided, however, that nothing in this section shall be so construed as to affect the commons of Cahokia or Prairie Dupont : Provided, alsp, that the general assembly shall have power and authority to grant the same pri- vilege to the inhabitants of the said villages of Cahokia and Prairie Du- pont as are hereby grjmted to the inhabitants of other towns, hamlets, and villages. 9, That, in all criminal prosecutions, the accused hath a right to be heard by himself and counsel ; to demand the nature and cause of the accusation against him ; to meet the witnesses face to face ; to have compulsory process to compel the attendance of witnesses in his favour ; and, in prosecutions by indictment or information, a speedy public trial by an impartial jury of the vicinage : and that he shall not be compelled to give evidence against himself. 10. That no person shall, for any mdictable offence, be proceeded against criminally, by information, except in cases arising in the land or naval forces, or the militia when in actual service, in time of war or public danger, by leave of the courts, for oppression or misdemeanour in office. -11. No person shall, for the same offence, be twice put in jeopardy of his life or limb : nor shall any man's property be taken or apphed to public use without the consent of his representatives in the general as- sembly, nor without just compensation being made to him. 12. Every person within this state ought to find a certain remedy in the laws, for all injuries or wrongs which he may receive in his person, property, or character : he ought to obtain right and justice freely, and without being obliged to purchase it ; completely, and without denial ; promptly and without delay, conformably to the laws. 13. That all persons shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may re- quire it. 14. All penalties shall be proportioned to the nature of the offence ; the true design of all punishments being to reform, and not to extermi- nate mankind. 15. No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law, or in cases where there is strong presumption of fraud. 16. No ex post facto law, nor any law impairing the validity of con- tracts, shall ever be made ; and no conviction shall work corruption of blood or forfeiture of estate. 17. That no person shall be liable to be transported out of this state for any offence committed within the same. 18. That a frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty. 19. That the people have a right to assemble together in a peaceable 328 CONSTITUTION OF manner, to consult for their common good, to instruct their representa- tives, and to apply to the general assembly for redress of grievances. 20. That the mode of levying a tax shall be by valuation ; so that every person shall pay a tax in proportion to the value of the property he or she has in his or her possession. 21. That there shall be no other banks or moneyed institutions in this state but those already provided by law, except a state bank and its branches, which may be established and regulated by the general assenv- bly of the state, as they may think proper. 22. The printing presses shall be free to every person who undertakes to examine the proceedings of the general assembly, or of any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man ; and every citizen may freely speak, write, or print on any subject, being responsible for the abuse of that liberty. 23. In prosecutions for the publication of papers investigating the official conduct of officers or men acting in a political capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence ; and, in all indictments for libels, the jury shall have the right of determining both the law and the fact, under the direction of the court, as in other cases. SCHEDULE. § 1. That no inconveniences may arise from the change of a territo- rial to a permanent state government, it is declared by the convention, that all rights, suits, actions, prosecutions, claims, and contracts, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this government, in virtue of the laws now in force. 2. All fines, penalties, and forfeitures, due and owing to the territory of Illinois, shall inure to the use of the state. All bonds executed to the governor, or to any other officer in his official capacity in the terri- tory, shall pass over to the governor, or to the officers of the state, and their successors in office, for the use of the state, by him or by them to be respectively assigned over to the use of those concerned, as the case may be. 3. No sheriff, or collector of public moneys, shall be eligible to any office in this state, until they have paid over, according to law, sdl moneys which they may have collected by virtue of their respective offices. 4. There shall be elected in each county three county commissioners, for the purpose of transacting all county business, whose time of service, power, and duties, shall be regulated and defined by law. 5. The governor, secretary, and judges, and all other officers under the territorial government, shall continue in the exercise of the duties of their respective departments, until the said officers are superseded under the authority of this constitution. 6. The governor of this state shall make use of his private seal, until a state seal shall be provided. 7. The oaths of office herein directed to be taken, may be adminis- tered by any justice of the peace, until the general assembly shall other wise direct ILLINOIS. 329 8. Until the first census shall be taken, as directed by this constitu- tion, the county of Madison shall be entitled to one senator and three representatives ; the county of St. Clair to one senator and three repre- sentatives ; the county of Bond to one senator and one representative ; the county of Washington to one senator and one representative ; the county of Monroe to one senator and one representative ; the county of Randolph to one senator and two representatives ; the county of Jack- son to one senator and one representative ; the counties of Johnson and Franklin to form one senatoiial district, and to be entitled to one sena- tor, and each county to one representative ; the county of Union to one senator and tvpo representatives ; the county of Pope to one senator and two representatives; the county of Gallatin to one senator and three representatives ; the county of White to one senator and three repre- sentatives ; the county of Edwards to one senator and two representa- tives ; and the county of Crawford to one senator and two representatives. 9. The president of the convention shall issue writs of election, directed to the several sheriffs of the several counties, or in case of the absence or disability of any sheriff, then to the deputy -sheriff, and in case of the absence or disability of the deputy-sheriff, then such writ to be directed to the coro,-«er, requiring them to cause an election to be held for governor, lieutenant governor, representative to the present congress of the United States, and members of the general assembly, and sheriffs and coroners in the respective counties; such election to commence on the third Tuesday of September next, and to continue for that and the two succeeding days ; and which election shall be conducted in the man- ner prescribed by the existing election laws of the Illinois territory; and the said governor, lieutenant-governor, members of the general assembly, sher-^fs, and coroners, then duly elected, shall continue to exercise the duties of their respective offices for the time prescribed by this constitu- tion, and until their successor or successors are qualified, and no longer. 10. An auditor of public accounts, an attorney-general, and such other officers for the state as may be necessary, may be appointed by the gene- ral assembly, whose duties may be regulated by law. 11 . It shall be the duty of the general assembly to enact such laws as may be necessary and proper to prevent the practice of duelling. 12. All white male inhabitants above the age of twenty-one years, who shall be actual residents of this state at the signing of this constitu- tion, shall have a right to a vote at the election to be held on the third Thursday, and the two following days, of September next. 13. The seat of government for the state shall be at Kaskaskia until the general assembly shall otherwise provide. The general assembly, at their first session holden under the authority of this constitution, shall petition the congress of the United States to grant to this state a quan- tity of land, to consist of not more than four nor less than one section, or to give to this state the right of pre-emption in the purchase of the said quantity of land. The said land to be situate on the Kaskaskia river, and, as near as may be, east of the third principal meridian on said river. Should the prayer of such petition be granted, the general assem- bly, at their next session thereafter, shall provide for the appointment of five commissioners to make the selection of said land so granted ; and shall further provide for laying out a town upon the land so selected ; which town, so laid out, shall be the seat of government of this state for the 2 E 2. 330 CONSTITUTION OF term of twenty years. Should, however, the prayer of said petition not be granted, the general assembly shall have power to make such pro- vision for a permanent seat of government as may be necessary, and shall fix the same where they may think best. 14. Any person of thirty years of age, v*rho is a citizen of the United States, and has resided within the limits of this state two years next preceding his election, shall be eligible to the office of lieutenant-go- vernor, any thing in the thirteenth section of the third article of tliis constitution contained, to the contrary notwithstanding. Done in convention, at Kaskaskia, the twenty -sixth day of August, in the year of our Lord one thousand eight hundred and eighteen, and of the independence of the United States of America the forty- third. In testimony whereof, we have hereunto subscribed our names. JESSE B. THOMAS, President of the Convention, John Messinger, Caldwell Carnes, James Lemen, jr. Enoch Moc re, George Fisher, Samuel Omelveny, Elias Kent Kane, Hamlet Ferguson, B. Stephenson, Conrad Will, Joseph Borough, James Hall, jr. Abraham Prickett, Joseph Kitchell, Michael Jones, Ed. N. Cullom, Leonard White, Thomas Kirkpatrick, Adolphus Fred. Hubbard, Samuel G. Morse, Hezekiah West, William Echols, Wm. M'Fatridge, John Whiteaker, Seth Gard, Andrew Bankson, Levi Compton, Isham Harrison, Willis Hargrave, Thomas Roberts. Wm. M'Henry, Attest, William C. Greenup, Secretary of the Convention. AN ORDINANCE. Whereas the congress of the United States, in the act, entitled "An act to enable the people of the Illinois territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states, passed the 18th of April, 1818," have oifered to this convention, for their free acceptance, or re- jection, the following propositions, which, if accepted by the convention, are to be obligatory upon the United States, viz : "1st. That section numbered sixteen, in every township, and when Buch section has been sold, or otherwise disposed of, other lands, equi- valent thereto, and as contiguous as may be, shall be granted to tlie ILLINOIS. 331 state, for the use of the inhabitants of such township, for the use of schools. *• 2d. That all salt springs within such state, and the lands, reserved for the use of the same, shall be granted to the said state for the use of the said state, and the same to be used under such terms, and conditions, and regulations, as the legislature of said state shall direct, provided the legislature shall never sell nor lease the same for a longer period than ten years at any one time. " 3d. That five per cent, of the nett proceeds of the land lying within such state, which shall be sold by congress from and after the first day of January, one thousand eight hundred and nineteen, after deducting all expenses incident to the same, shall be reserved for the purposes fol- lowing, viz. Two-fifths to be disbursed under the direction of congress, in making roads leading to the state, the residue to be appropriated by the legislature of the state for the encouragement of learning ; of which one-sixth part shall be exclusively l)estowed on a college or uni- versity. " 4th. That thirty-six sections, or one entire township, which shall be designated by the President of the United States, together with the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said state, to be appropriated solely to the use of such seminary, by the said legis- lature." And whereas the four foregoing propositions are offered on the condi- tion that this convention shall provide, by ordinance, irrevocable without the consent of the United States, that every and each tract of land sold by tlie United States from and after the first day of January, one thou- sand eight hundred and nineteen, shall remain exempt from any tax laid by order or under the authority of the state, whether for state, county, or township, or any other purpose whatever, for the term of five years, from and after the day of sale. And further, that the bounty lands granted, or hereafter to be granted, for military services, during the late war, shall, while they continue to be held by the patentees, or their heirs, remain exempt, as aforesaid, from all taxes, for the term of three years, from and after the date of the patents respectively. And that all the lands belonging to the citizens of the United States, residing without the said state, shall never be taxed higher than lands belonging to persons residing therein. Therefore, this convention, on behalf of, and by the authority of tho people of the state, do accept of the foregoing propositions ; and do further ordain and declare, that every and each tract of land sold by the United States, from and after the first day of January, one thousand eight hundred and nineteen, shall remain exempt from any tax laid by order or under any authority of the state, whether for state, county, or township, or any purpose whatever, for the term of five years from and after the day of sale. And that the bounty lands granted, or hereaftei to be gran'ed, for military services, during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt, as aforesaid, from all taxes, for the term of three years from and after the date of the patents respectively ; and that all the lands belonging to the citizens of the United States, residing without the said state, shall never be taxed higher than lands belonging to persons residing therein 333 CONSTITUTION OF And this convention do further ordain and declare, that the foregoing ordinance shall not be revoked without the ^.onsent of the United States. Done in convention, at Kaskaskia, on the 26th day of August, in the year of our Lord 1818, and of the independence of the United States of America the forty-third. JESSE B. THOMAS, President of the Convention. Attest, Wm. C. Greenup, Secretary to the Convention. CONSTITUTION OF ALABAMA. We, the people of the Alabama Territory, having the right of admis- sion into the general government, as a member of the Union, consistent with the constitution of the United States, by our representatives as- sembled in convention at the town of Huntsville, on Monday the fifth day of July, one thousand eight hundred and nineteen, in pursuance of an act of congress, entitled "An act to enable the people of the Alabama territory to form a constitution and state government, and for the admis- sion of such state into the Union, on an equal footing with the original states :" in order to establish justice, insure tranquillity, provide for the common defence, promote the general welfare, and secure to ourselves and our posterity the rights of life, liberty, and property, do ordain and establish the following constitution, or form of government ; and do mutually agree with each other to form ourselves into a free and inde- pendent state, by the name of *' the State of Alabama." And we do hereby recognise, confirm, and establish the boundaries assigned to said state by the act of congress aforesaid, " to wit : beginning at the point where the thirty-first degree of north latitude intersects the Perdido river, thence, east, to the western boundary line of the state of Georgia , thence, along said line, to the southern boundary line of the state of Tennessee ; thence, west, along said boundary line, to the Tennessee river ; thence up the same to the mouth of Bear creek ; thence, by a direct line, to the north-west corner of Washington county ; thence, due south, to the Gulf of Mexico ; thence eastwardly, including all islands within six leagues of the shore, to the Perdido river : and thence up the same, to the beginning" — subject to such alteration as is provided in the third section of said act of congress, and subject to such enlargement as may be made by law in consequence of any cession of territory by the United States, or either of them. ALABAMA 333 AUTICLE 1. Declaration of Rig-hts. That the general, great, and essential principles of liberty and free government may be recognised and established, we declare : § 1. That all freemen, when they form a social compact, are equal in rights ; and that no man or set of men are entitled to exclusive, separate public emoluments or privileges, but in consideration of public services. 2. All political power is inherent in the people, and all free govern- ments are founded on their authority, and instituted for their benefit : and, therefore, they have at all times an unalienable and indefeasible right to alter, reform, or abolish their form of government, in such man- ner as they may thirdt expedient. 3. No person within this state shall, upon any pretence, be deprived of the inestimable privilege of worshipping God in the manner most agreeable to his own conscience ; nor be compelled to attend any place of worship ; nor shall any one ever be obliged to pay any tithes, taxes, or othei rate, for the building or repairing any place of worship, or for the maintenance of any minister or ministry. 4. No human authority ought, in any case whatever, to control or interfere with the rights of conscience. 5. No person shall be hurt, molested, or restrained, in his religious profession, sentiments, or persuasions, provided he does not disturb others in their religious worship. 6. The civil rights, privileges, or capacities of any citizen, shall in no way be diminished, or enlarged, on account of his religious princi- ples. 7. There shall be no establishment of religion by law ; no preference shall ever be given by law to any religious sect, society, denomination, or mode of worship ; and no religious test shall ever be required as a qualification to any oflSce or public trust under this state. 8. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty. 9. The people shall be secure in their persons, houses, papers, and possessions, from unreasonable seizures or searches ; and no warrant to search any place, or to seize any person or thing, shall issue without de- scribing them as nearly as may be, nor without probable cause, sup- ported by oath or affirmation. 10. In all criminal prosecutions, the accused has a right to be heard by himself and counsel ; to demand the nature and cause of the accusa- tion, and have a copy thereof: to be confronted by the witnesses against him : to have compulsory process for obtaining witnesses in his favour , and in all prosecutions, by indictment or information, a speedy public trial by an impartial jury of the county or district in which the offence shall have been committed : he shall not be compelled to give evidence against himself, nor shall he be deprived of his life, liberty, or property, but by due course of law. 11. No person shall be accused, arrested, or detained, except in cases ascertained by law, and according to the forms which the same has pre- scribed ; and no person shall be punished, but in virtue of a law, estab- .ished and promulgated prior to the offence, and legally applied. 334 CONSTITUTION OF 12. No person shall, for any indictable offence, be proceeded against criminally, by information ; except in cases arising in the land and naval forces, or the militia when in actual service, or, by leave of the court, for oppression or misdemeanour in office. 13. No person shall, for the same offence, be twice put in jeopardy of life or limb ; nor shall any person's property be taken or applied to pub- lic use, unless just compensation be made therefor. 14. All courts shall be open, and every person, for an injury done him, in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay. 15. No power of suspending laws shall be exercised, except by the general assembly, or its authority. 16. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. 17. All persons shall, before conviction, be bailable by sufficient secu- rities, except for capital offences, when the proof is evident, or the pre- sumption great : and the privilege of the writ of " habeas corpus" shall not be suspended, unless when, in case of rebellion, or invasion, the public safety may require it. 18. The person of a debtor, where there is not strong presumption of fraud, shall not be detained in prison, after delivering up his estate fdr the benefit of his creditors, in such manner as shall be prescribed by law. 19. No ex post facto law, nor law impairing the obligation of contracts, shall be made. 20. No person shall be attainted of treason or felony by the general assembly. No attainder shall work corruption of blood, nor forfeiture of estate. 21. The estates of suicides shall descend or vest as in cases of natural death ; if any person shall be killed by casualty, there shall be no for- feiture by reason thereof. 22. The citizens have a right, in a peaceable manner, to assemble to- gether for their common good, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by petition, address, or remonstrance. 23. Every citizen has a right to bear arms in defence of himself and the state. 24. No standing army shall be kept up without the consent of the general assembly ; and, in that case, no appropriation of money for its support shall be for a longer term than one year ; and the military shall, in all cases, and at all times, be in strict subordination to the civil power. 25. No soldier shall, in time of peace, be quartered in any house, with- out the consent of the owner ; nor in time of war, but in a manner to be prescribed by law. 26. No title of nobility, or hereditary distinction, privilege, honour, or emolument, shall ever be granted or conferred in this state ; nor shall any office be created, the appointment of which shall be for a longer term than during good behaviour. ^ 27. Emigration from this state shall not be prohibited, nor shall any citizen be exiled. 28. The right of trial by jury shall remain inviolate. ALABAMA. 335 29. No person shall be debuucd from prosecuting or defending any civil cause, for or against him or herself, before any tribunal in this state, by him or herself or counsel. 30. This enumeration of certain rights shall not be construed to deny or disparage others retained by the people ; and to guard against any encroachments on the rights herein retained, or any transgression of any of the high powers herein delegated, we declare, that every thing in this article is excepted out of the general powers of government, and shall for ever remain inviolate ; and that all laws contrary thereto, or to the following provisions, shall be void. ARTICLE 2. Distribution of Powers. § 1. The powers of the government of the state of Alabama shall be divided into three distinct departments ; and each of them confided to a separate body of magistracy, to wit : those which are legislative to one ; those which are executive to another ; and those which are judicial to another. 2. No person, or collection of persons, being one of those departments, shall exercise any power properly belonging to either of the others, ex- cept in the instances hereinafter expressly directed or permitted. ABTICI.E 3. Legislative Department, § 1. The legislative power of this state shall be vested in two distinct branches : the one to be styled the senate, and the other the house of representatives, and both together " the general assembly of the state of Alabama ;" and the style of their laws shall be, " Be it enacted by the senate and house of representatives of the state of Alabama, in general assembly convened." 2. The members of the house of representatives shall be chosen by the qualified electors, and shall serve for the term of one year, from the day of the commencement of the general election, and no longer. 3. The representatives shall be chosen every year, on the first Monday and the day following in August, until otherwise directed by law. 4. No person shall be a representative, unless he be a white man, a citizen of the United States, and shall have been an inhabitant of this state two years next preceding his election, and the last year thereof a resident of the county, city, or town, for which he shall be chosen, and shall have attained the age of twenty-one years. 6. Every white male person of the age of twenty-one years, or up- wards, who shall be a citizen of the United States, and shall have re- sided in this state one year next preceding an election, and the last three months within the county, city, or town, in which he offers to vote, shall be deemed a qualified elector : provided, that no soldier, seaman, or marine, in the regular army or navy of the United States, shall be en- titled to vote at any election in this state ; and provided, also, that no elector shall be entitled to vote except in the county, city, or town (en- titled to separate representation) in which he may reside at the time of the election. 6. Electors shall, in all cases, except in those of treason, felony, or 336 CONSTITUTION OF breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same. 7. In all elections by the people, the electors shall vote by ballot, until the general assembly shall otherwise direct. 8. Elections for representatives for the several counties shall be held at the place of holding their respective courts, and at such other places as may be prescribed by lav^r ; Provided, that when it shall appear to the general assembly that any city or town shall have a number of whive inhabitants equal to the ratio then fixed, such city or town shall have a separate representation, according to the number of white inhabitants therein ; w hich shall be retained so long as such city or town shall con- tain a number of white inhabitants equal to the ratio which may from time to time be fixed by law ; 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 such separate repre- sentation) is situated, shall not be held in such city or town ; but it is understood and hereby declared, that no city or town shall be entitled to separate representation, unless the number of white inhabitants in the county in which such city or town is situated, residing out of the limits of said city or town, be equal to the existing ratio ; or unless the resi- duum or fraction of such city or town shall, when added to the white inhabitants of the county residing out of the limits of said city or town, be equal to the ratio fixed for law by one representative ; and provided, that, if the residuum or fraction of any city or town, entitled to separate representation, shall, when added to the residuum of the county in which it may lie, be equal to the ratio fixed by law for one representative, then the aforesaid county, city, or town, having the largest residuum, shall be entitled to such representation : and provided, also, that when there are two or more counties adjoining, which have residuums or fractions over and above the ratio then fixed by law, if said residuums or fractions, when added together, will amount to such ratio, in that case one repre- sentative shall be added to that county having the largest residuum. 9. The general assembly shall, at their first meeting and in the years one thousand eight hundred and twenty, one thousand eight hundred and twenty-three, one thousand eight hundred and twenty-six, and every six years thereafter, cause an enumeration to be made of all the inhabit- ants of the state, and the whole number of the representatives shall, at the first session held, after making every such enumeration, be fixed by the general assembly, and apportioned among the several counties, cities, or towns, entitled to separate representation, according to their respec- tive numbers of white inhabitants ; and the said apportionment, when made, shall not be subject to alteration, until after the next census shall be taken. The house of representatives shall not consist of less than forty-four nor more than sixty members, until the number of white in- habitants shall be one hundred thousand, and after that event, the whole number of representatives shall never be less than sixty, nor more than one hundred : Provided, however, that each county shall be entitled to at least one representative. 10. The general assembly shall, at the first session, after making every such enumeration, fix by law the whole number of senators, and shall divide the state into the same number of districts, as nearly equal in the number of white inhabitants as may be, each of which districts shall be A L A B A M A. ^<37 entitled to one senator and no more; Provided, that the whole number of senators shall never be less than one-fourth, nor more than one-third, of the whole number of representatives. 11. When a senatorial district shall be composed of two or more coun- ties, the counties of which such district consists shall not be entirely se- parated by any county belonging to another district ; and no county shall be divided in forming a district. 12. Senators shall be chosen by the qualified electors, for the term of three years, at the same time, in the same manner, and at the sam places, where they may vote for members of the house of representatives and no person shall be a senator unless he be a wliite man, a citizen of the United States, and shall have been an inhabitant of this state two years next preceding his election, and the last year thereof a resident of the district for which he shall be chosen, and shall have attained to the age of twenty-seven years. 13. The senators chosen according to the apportionment under the census ordered to be taken in one thousand eight hundred and twenty- six, when convened, shall be divided by lot into three classes, as nearly equal as may be. The seats of the senators of the first class shall be va- cated at the expiration of the first year, those of the second class at the expiration of the second year, and those of the third class at the expira- tion of the third year, so that one third may be annually chosen there- after, and a rotation thereby kept up perpetually. Such mode of classify- ing new additional senators shall be observed as will, as nearly as possi- ble, preserve an equality of members in each class. 14. The house of representatives, when assembled, shall choose a speaker, and its other ofiicers ; and the senate shall, annually, choose a president, and its other officers; each house shall judge of the quahfica- tions, elections, and returns of its own members : but a contested election shall be determined in such manner as shall be directed by law. 15. A majority of each house shall constitute a quorum to do busi- ness, but a smaller number may adjourn from day to day, and may com- pel the attendance of absent members in such manner, and under such penalties, as each house may provide. 16. Each house may determine the rules of its own proceedings, pun- ish members for disorderly behaviour, and, with the consent of two-thirds, expel a member ; but not a second time for the same cause ; and shall have all other powers necessary for a branch of the legislature of a free and independent state. 17. Each house, during the session, may punish by imprisonment, any person, not a member, for disrespectful or disorderly behaviour, in its presence, or for obstructing any of its proceedings : Provided, that such imprisonment shall not, at any one time, exceed forty-eight hours. 18. Each house shall keep a journal of its proceedings, and cause the same to be published immediately after its adjournment, excepting such parts as, in its judgment, may require secrecy ; and the yeas and nays :)f the members of either house, on any question, shall, at the desire of any two members present, be entered on the journals. And any mem- ber of either house shall have hberty to dissent from, or protest against, any act or resolution which he may think injurious to the public or an individual, and have the reasons of his dissent entered on the journals. 19 Senators and representatives shall, in all cases, except treason 2 F 338 CONSTITUTION OF *elony, or breach of the peace, be privileged from arrest during the ses- sion of the general assembly, and in going to and returning from the same ; allowing one day for every twenty miles such members may '•». side from the place at which the general assembly is convened ; nor shall any member be liable to answer for any thing spoken in debate in either house, in any court or place elsewhere. 20. When vacancies happen in either house, the governor, or the person exercising the powers of the governor, shall issue writs of elec- tion to fdl such vacancies. 21. The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy. 22. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. 23. Bills may originate in either house, and be amended, altered, or rejected by the other ; but no bill shall have the force of a law until on three several days it be read in each house, and free discussion be allowed thereon, unless, in cases of urgency, four-fifths of the house in which the bill shall be depending 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 ; provided, that all bills for rais- ing revenue shall originate in the house of representatives, but the senate may amend or reject them as other bills. 24. Each member of the general assembly shall receive from the pub- lic treasury such compensation for his services as may be fixed by law ; but no increase of compensation shall take eiFcct during the session at which such increase shall have been made. 25. No senator or representative shall, duriiig the term for which he shall have been elected, be appointed to any civil office of profit under this state, which shall have been created, or the emoluments of which shall have been increased, during such term ; except such offices as may be filled by elections by the people. 26. No person holding any lucrative office under the United States, (the office of postmaster excepted,) this state, or any other power, shall be eligible to the general assembly ; provided, that offices in the militia to which there is attached no annual salary, or the olfice of justice of the peace, or that of the quorum of the county court, while it has no salary, Shall not be deemed lucrative. 27. No person who may hereafter be a collector or holder of public moneys shall have a seat in either house of the general assembly, or be eligible to any office of trust or profit under this state, until he shall have accounted for, and paid into the treasury, all sums for which he may be accountable. 28. The first election for senators and representatives shall be gene- ral throughout the state ; and shall be held on the third Monday and Tuesday in September next. 29. The first session of the general assembly shall commence on the fourth Monday in October next, and be held at the town of Huntsville, and all subsequent sessions at the town of Cahawba, until the end of the first session of the general assembly to be held in the year one thousand eight hundred and twenty-five ; during that session the general assem- bly shall have power to designate by law (to which the executive con ALABAMA 339 curronce shall not be required) the permanent seat of government, which shall not thereafter be changed ; Provided, however, that unless such designation be then made by law, the government shall continue per- manently at the town of Cahawba ; and provided, also, that the general a.ssfmbly shall make no appropriations previous to tlie year one thou- Kiuid eight hundred and twenty-five, for the building of any other state house than that now provided for by law. ARTICLE 4. Executive Department. § 1 . The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the governor of the state of Ala- bama. 2. The governor shall be elected by the qualified electors at the time and places when they shall respectively vote for representatives. 3. The returns of every election for governor shall be sealed up, and transmitted to the seat of government, directed to the speaker of the house of representatives, who shall, during the first week of the session, open and publish them in presence of both houses of the general assem- bly. The person having the highest number of votes shall be governor, but if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of both houses. Contested elec- tions for governor shall be determined- by both houses of the general as- sembly, in such manner as shall be -prescribed by law. 4. The governor shall hold his office for the term of two j'^ears from the time of his installation, and until his successor shall be duly quali- fied, but shall not be eligible for more than four years in any term of six years ; he shall be at least thirty years of age, shall be a native citizen of the United States, and shall have resided in this state at least four years next preceding the day of his election. 5. He shall, at stated times, receive a compensation, for his services, which shall not be increased or diminished during the term for which he shall have been elected. 6. He shall be commander-in-chief of the army and navy of this state, and of the militia thereof, except when they shall be called into the ser- vice of the United States. And when acting in the service of the Uni- ted States, the general assembly shall fix his rank. 7. He may require information in writing from the officers in the ex- ecutive department on any subject relating to the duties of their respec- tive offices. 8. He may, by proclamation, on extraordinary occasions convene the general assembly at the seat of government, or at a different place, if that shall have become, since their last adjournment, dangerous from an enemy or from contagious disorders ; in case of disagreement between the two houses, with respect to the time of adjournment, he may adjoUrn them to such time as he shall think proper, not beyond the day of the next annual meeting of the general assembly. 9. He shall from time to time give to the general assembly informa- tion of the state of the government, and recommend to their considera tion such measures as he may deem expedient. 10. He shall take care that the laws be faithfully executed. 340 CONSTITUTION OF 11. In all criminal and penal cases, except in those of treason and im- peachment, he shall have power to grant reprieves and pardons, and re- mit tines and forfeitures, under such rules and regulations as shall be prescribed by law. In cases of treason he shall have power, by and with the advice and consent of the senate, to grant reprieves and pardons ; and he may, in tlie recess of the senate, respite the sentence until the end of the next session of the general assembly. 13. There shall be a seal of this state, which shall be kept by the go- vernor, and used by him ofiicially, and the present seal of the territory shall be the seal of the state, until otherwise directed by the general as- sembly. 1.3. All commissions shall be in the name, and by the authority of the state of Alabama, be sealed with the state seal, signed by the gover- nor, and attested by the secretary of state. 14. There shall be a secretary of state appointed by joint vote of both houses of the general assembly, who shall continue in office during the term of two years. He shall keep a fair register of all official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the general as- sembly ; and shall perform such other duties as may be required of him by law. 15. Vacancies that may happen in offices, the appointment to which is vested in the general assembly, shall be filled by the governor during the recess of the general assembly, by granting commissions which shall expire at the end of the next session. 16. Every bill which shall have passed both houses of the general as- sembly, shall be presented to the governor: if he approve, lie shall sign it; but if not, he shall return it, with his objections, to the house in which it shall have originated, who shall enter the obiections at large upon the journals, and proceed to reconsider it ; if, after such reconsideration, a majority of the whole ruimber elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall likewise be reconsidered ; if approved by a majority of the whole number elected to that house, it shall become a law : but in such cases the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journals of each house respectively : if any bill shall not be returned by the governor within five days, Sundays excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the general assembly, by their adjournment, prevent its return, in which case it shall not be a law. 17. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except on questions of adjournment, shall be presented to the governor, and, before it shall take effect, be approved by him ; or, being disapproved, shall be repassed by both houses, according to the rules and limitations prescribed in the case of a bill. 18. In case of the impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or absence from the state, the president of the senate shall exercise all the power and authority ap- pertaining to the office of governor, until the time pointed Dut by this constitution for the election of governor shall arrive, unless the general assembly shall provide by law for the election of a ^governor to fill such ALABAMA. 341 vacancy, or until the governor absent or impeached shall return or be acquitted. 19. If, during the vacancy of the office of governor, the president of the senate shall be impeached, removed from office, refuse to qualify, re- sign, die, or be absent from the state, the speaker of the house of repre- sentatives shall in like manner administer the government. 20. The president of the senate and speaker of the house of represen- tatives, during the time they respectively administer the government, shall receive the same compensation which the governor would have re- ceived, had he been employed in the duties of his office. 21. The governor shall always reside, during the session of the gene- ral assembly, at the place where their session may be held, and at all other times,, wherever, in their opinion, public good may require. 22. No person shall hold the office of governor, and any other office or commission, civil or military, either in this state, or under any state or the United States, or any other power, at one and the same time. 23. A state treasurer and a comptroller of public accounts shall be annually elected, by joint vote of both houses of the general assembly. 24. A sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for the term of three years unless sooner removed, and who shall not be eligible to sen-^e either as princi- pal or deputy for the three succeeding years. Should a vacancy occur subsequent to an election, it shall be filled by the governor, as in other cases, and the person so appointed shall continue in office until the next general election, when such vacancy shall be filled by the quaUfied elec- tors, and the sherifl" then elected shall continue in office for three years. Militia. § 1. The general assembly shall provide bylaw for the organizmg and disciplining the militia of this state, in such manner as they shall deem expedient, not incompatible with the constitution and laws of the United States in relation thereto. 2. Any person who conscientiously scruples to hear arms shall not be compelled to do so, but shall pay an equivalent for personal service. 3. The governor shall have power to call forth the militia to execute the laws of the state, to suppress insun-ections, and repel invasions. 4. All officers of the militia shall be elected or appointed in such manner as may be prescribed by law : Provided, that the general assem- bly shall not malie any such elections or appointments, other than those of adjutants-general, and quarter-masters-general. 5. The governor shall appoint his aids-de-camp ; majors-general, their aids-de-camp, and all other division staff-officers ; brigadiers-general shall appoint their aids, and all other brigade staff-officers ; and colonels shall appoint their regimental staff-officers. 6. The general assembly shall fix by law the method of dividing the militia into divisions, brigades, regiments, battalions, and companies : and shall fix the rank of all staff-officers. auticle 5. Judicial Department. § 1. The judicial power of this state shall be vested in one supreme court, circui* courts to be held in each county in the state, and such in- 2 F 2 342 CONSTITUTION OF ferior courts of law and equity, to consist of not more than five members, as the general assembly may, from time to time, direct, ordain, and estab- lish. 2. The supreme court, except in cases otherwise directed by this con- stitution, shall have appellate jurisdiction only, which shall be co-exten- sive with the state, under such restrictions and regulations, not repug nant to this constitution, as may from time to time be prescribed by law; I'rovided, that the supreme court shall have power to issue writs of in junction, mandamus, quo warranto, habeas corpus, and such other reme- dial and original writs as may be necessary to give it a general superin tendence and control of inferior jurisdictions. 3.' Until the general assembly shall otherwise prescribe, the powers of the supreme court shall be vested in, and its duties shall be performed by, the judges of the several circuit courts within this state : and they, or a majority of them, shall hold such sessions of the supreme court, and at such times as may be directed by law : Provided, tiiat no judge of the supreme court shall be appointed before the commencement of the first session of the general assembly which shall be begun and held after the first day of January in the year one thousand eight hundred and twenty- five. 4. The supreme court shall be holden at the seat of government, but may adjourn to a dillerent place, if that shall become dangerous from an enemy or from disease. 5. The state shall be divided into convenient circuits, and each cir- cuit shall contain not less than three, nor more than six counties : and for each circuit there shall be appointed a judge, who shall, after his ap- pointment, reside in the circuit for which he may be appointed. 6. The circuit court shall have original jurisdiction in all matters, civil and criminal, within this state, not otherwise excepted in this constitu- tion ; but in civil cases, only when the matter or sum in controversy ex- ceeds fifty dollars. 7. A circuit court shall be held in each county in the state, at least twice in every year, and the judges of the several circuit courts may hold courts for each other, when they may deem it expedient, and shall do so when directed by law. 8. The general assembly shall have power to establish a court or courts of chancery, with original and appellate equity jurisdiction ; and until the establishment of such court or courts, the said jurisdiction shall be vested in the judges of the circuit courts respectively : Provided, that the judges of the several circuit courts shall have power to issue writs of injunction, returnable into the courts of chancery. - 9. The general assembly shall have power to establish, in each county within this state, a court of probate, for the granting of letters testament- ary and of administration, and for orphan's business. 10. A competent number of justices of the peace shall be appointed in and for each county, in such mode, and for such term of office, as the general assembly may direct. Their jurisdiction in civil cases shall be limited to causes in which the amount in controversy shall not exceed fifty dollars. And in all cases, tried by a justice of the peace, right of appeal shall be secured, under such rules and regulations as may be pre- scribed by law. 11. Judges of the supreme and circuit courts, and courts of chancery. ALABAMA 343 shall, at stated times, receive for their services a compensation, which shall be fixed by law, and shall not be diminished during their continu- ance in office : but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under this state, the United States, or any other power. 12. Chancellors, judges of the supreme court, judges of the circuit courts, and judges of the inferior courts, shall be elected by joint vote of both houses of the general assembly. 13. The judges of the several courts in this state shall hold their offices during good behaviour ; and for wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground for impeachment, the governor shall remove any of them, on the address of two-thirds of each house of the general assembly ; provided, however, that the cause or causes for which such removal shall be required, shall be stated at length in such address, and entered on the journals of each house ; and provided further, that the cause or causes shall be notified to the judge so intended to be removed, and he shall be admitted to a hearing in his own defence, before any vote for such address shall pass ; and in all such cases the vote shall be taken by yeas and nays, and entered on the journals of each house respectively ; and provided also, that the judges of the several circuit courts who shall be appointed before the com- mencement of the first session of the general assembly which shall be begun and held after the first day of January in the year of our Lord one thousand eight hundred and twenty-five, shall only hold their offices during good ])ehaviour, until the end of the said session, at which time their commissions shall expire. 14. No person who shall have arrived at the age of seventy 3'^ears shall be appointed to, or continue in the office of judge in this state. 15. Clerks of the circuit and inferior courts in this state shall be elected by the qualified electors in each county, for the term of four years, and may be removed from office for such cause, and in such man- ner as may be prescribed by law ; and should a vacancy occur, subse- quent to an election, it shall be filled by the judge or judges of the courts in which such vacancy exists ; and the person so appointed shall hold his office until the next general election ; provided, however, that after the year one thousand eight hundred and twenty-six, the general assem- bly may prescribe a different mode of appointment, but shall not make such appointment. 16. The judges of the supreme court shall, by virtue of their offices, be conservators of the peace throughout the state ; as also the judges of the circuit courts in their respective districts, and judges of the inferior courts in their respective counties. 17. The style of all process shall be " the state of Alabama," and all prosecutions shall be carried on in the name, and by the authority of the Btale of Alabama, and shall conclude " against the peace and dignity of the same." 18. There shall be an attorney-general for the state, and as many so- licitors as the general assembly may deem necessar}^ to be elected by a joint vote thereof, who shall hold their offices for the term of four years, and shall receive for their services a compensation, which shall not be diminished during their continuance in office. 344 CONSTITUTION OF Impeachments. § 1. The house of representatives shall have the sole pov^rer of im- peaching. 2. All impeaclinicnts shall be tried by the senate : when sitting for that purpose, the senators shall be on oath or affirmation : and no per- son shall be convicted without the concurrence of two-thirds of the mem- bers present. 3. The governor and all civil officers shall be liable to impeachment for any misdemeanour in office ; but judgment in such cases shall not extend further tlian to removal from office, and to disqualification to hold any office of honour, trust, or profit, under the state : but the party con victed shall nevertheless be liable and subject to indictment, trial, and punishment, according to law. AUTICLK 6. General Provisions, § 1. The members of the general assembly, and all officers, executive and judicial, before they enter on the execution of their respective offices, shall take the following oath or affirmation, to wit : " I solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and constitution of the state of Alabama, so long as I continue a citizen thereof, and that I will faithfully discharge, to the best of my abilities, the duties of , according to law. So help me Goc}. 2. Treason against the state shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No per- son shall be convicted of treason unless on the testimony of two wit- nesses to the same overt act, or his own confession in open court. 3. The general assembly shall have power to pass such penal laws to suppress the evil practice of duelling, extending to disqualification from office or the tenure thereof, as they may deem expedient. 4. Every person shall be disqualified from holding any office or place of honour or profit, under the authority of the state, who shall be con- victed of having given or offered any bribe to procure his election or appointment. 5. Laws shall be made to exclude from office, from suffi-age, and from serving as jurors, those who shall hereafter be convicted of bribery, per- jury, 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 newer, bribery, tumult, or other improper conduct. 6. In all elections by the general assembly, the members thereof shall vote -viva voce, and the votes shall be entered on the journals. 7. No money shall be drawn from the treasury, but in consequence of an appropriation made by law ; and a regular statement and account of the receipts and expenditures of all public moneys shall be published annually. 8. All lands liable to taxation in this state, shall be taxed in propor- tion to their value. 9. The general assembly shall direct, by law, in what manner, and ir wha* courts, suits may be brought against the state^ ALABAMA. 345 10. It shall be the duty of the general assembly to regulate by law, the cases in which deductions shall be made from the salaries of public officers, for neglect of duty in their official capacities, and the amount of such deduction. 11. Absence on business of this state, or of the United States, or on a visit, or necessary private business, shall not cause a forfeiture of a residence once obtained. 12. No member of congress, nor any person holding any office of profit or trust under the United States, (the office of postmaster ex cepted,) or either of them, or any foreign power, shall hold or exercise any office of profit under this state. 13. Divorces from the bonds of matrimony shall not be granted but in cases provided for by law, by suit in chancery : and no decree for such divorce shall have effect until the same shall be sanctioned by two- thirds of both houses of the general assembly. 14. In prosecutions for the publishing of papers investigating the official conduct of officers or men in public capacity, or when the mat- ter published is proper for public information, the truth thereof may De given in evidence ; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the courts. 15. Returns of all elections for officers who are to be commissioned by the governor, and for members of the general assembly, shall be made to the secretary of state. 16. No new county shall be established by the general assembly, which shall reduce the county or counties, or either of them, from which it shall be taken, to a less content than nine hundred square miles ; nor shall any county be laid off of less contents. Every new county, as to the right of suffrage and representation, shall be considered as a part of the county or counties from which it was taken, until entitled by num- bers to the right of separate representation. 17. The general assembly shall, at their first session, which may be holden in the year eighteen hundred and twenty-eight, or at the next succeeding session, arrange and designate boundaries for the several counties within the limits of this state, to which the Indian title shall have been extinguished, in such manner as they may deem expedient, which boundaries shall not be afterwards altered, unless by the agreement of two-thirds of both branches of the general assembly ; and in all cases of ceded territory acquired by the state, the general assembly may make such arrangements and designations of the boundaries of counties within such ceded territory, as they may deem expedient, which shall only be altered in like manner ; provided, that no county hereafter to be formed shall be of less extent than nine hundred square miles. 18. It shall be the duty of the general assembly to pass such laws as may be necessary and proper to decide differences by arbitrators, to be appointed by the parties, who may choose that summary mode of ad- justment. 19. It shall be the duty of the general assembly, as soon as circum- stances will permit, to form a penal code, founded on principles of re- formation, and not of vindictive justice. 20. Within five years after the adoption of this constitution, the body of our laws, civil and criminal, shall be revised, digested, and arranged 346 CONSTITUTION OF under proper heads, and promulgated ia such manner as the general assembly may direct : and a like revision, digest, and promulgation shall be made within every subsequent period of ten years. 21. The general assembly shall make provision by law for obtaining correct knowledge of the several objects proper for improvement in re- lation to the navigable waters, and to the roads in this state, and for making a systematic and economical application of the means appropri- ated to those objects. 22. In the event of the annexation of any foreign territory to this state, by a cession from the United States, laws may be passed, extend- ing to the inhabitants of such territory all the rights and privileges which may be required by the terms of such cession ; any thing in this con- stitution to the contrary notwithstanding. Education. Schools, and the means of education, shall for ever be encouraged in this state ; and the general assembly shall take measures to preserve from unnecessary waste or damage such lands as are, or hereafter may be, granted by the United States for the use of schools within each town- ship in this state, and apply the funds, which may be raised from such lands, in strict conformity to the object of such grant. The general assembly shall take like measures for the improvement of such lands as have been or may be hereafter granted by the United States to this state, for the support of a seminary of learning, and the moneys, which may be raised from such lands, by rent, lease, or sale, or from any other quar- ter, for the purpose aforesaid, shall be and remain a fund for the exclu- sive support of a state university, for the promotion of the arts, litera- ture, and the sciences ; and it shall be the duty of the general assembly, as early as may be, to provide effectual means for the improvement and permanent security of the funds and endowments of such insti- tution. Establishment of Banks. § 1. One state bank may be established, with such number of branches as the general assembly may, from time to time, deem expedient : Pro- vided, that no branch bank shall be established, nor bank charter re- newed, under the authority of this state, without the concurrence of two-thirds of both houses of the general assembly ; and provided, also, that not more than one bank nor branch bank shall be established, nor bank charter renewed, at any one session of the general assembly ; nor shall any bank or branch bank be established, or bank charter renewed, but in conformity with the following rules : 1. At least two-fifths of the capital stock shall be reserved for the state. 2. A proportion of power in the direction of the bank shall be re- served to the state, equal at least to its proportion of stock therein. 3. The state, and the individual stockholders, shall be liable respec- tively, for the debts of the bank, in proportion to their stock holden therein. 4. The remedy for collecting debts shall be reciprocal, for and against the bank. ALABAMA. 347 5. No bank shall commence operations until half of the capital stock subscribed for be actually paid in gold or silver, which amount shall, in no case, be less than one hundred thousand dollars. 6. In case any bank or branch bank shall neglect or refuse to pay, on demand, any bill, note, or obligation, issued by the corporation, according to the promise therein expressed, the holder of any such note, bill, or obligation, shall be entitled to receive and recover interest thereon, until the same shall be paid, or specie payments are resumed, by said bank, at (he rate of twelve per cent, per annum from the date of such demand, unless the general assembly shall sanction such suspension of specie payments ; and the general assembly shall have power, after such neglect or refusal, to adopt such measures as they may deem proper, to protect and secure the rights of all concerned : and to declare the charter of such bank forfeited. 7. After the establishment of a general state bank, the banks of this state now existing may be admitted as branches thereof, upon such terms as the legislature and the said banks may agree, subject, nevertheless to the preceding rules. Slaves. § 1. The general assembly shall have no power to pass laws for the emancipation of slaves without the consent of their owners, or without paying their owners, previous to such emancipation, a full equivalent in money for the slaves so emancipated. They shall have no power to prevent emigrants to this state from bringing with them such persons as are deemed slaves by the laws of any one of the United States, so long as any person of the same age or description shall be continued in sla- very by the laws of this state : Provided, that such person or slave be the bo7ia fide property of such emigrants : and provided, also, that laws may be passed to prohibit the introduction into this state of slaves who have committed high crimes in other states or territories. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becom- ing a public charge. They shall have full power to prevent slaves from being brought into this state as merchandise, and also to oblige the own- ers of slaves to treat them with humanity, to provide for th ein necessary food and clothing, to abstain from all injuries to them extending to life or limb ; and, in case of their neglect or refiisal to comply with the di- rections of such laws, to have such slave or slaves sold for the benefit of the owner or owners. 2. In the prosecution of slaves for crimes of higher grade than petit larceny, the general assembly shall have no power to deprive them of an impartial trial by a petit jury. 3. Any person who shall maliciously dismember or deprive a slave ot life, shall suffer such punishment as would be inflicted in case the liko offence had been committed on a free white person, and on the like proof; except in case of insurrection of such slave. JMode of amending and revising the Constitution. The general assembly, whenever two-thirds of each house shall deem it necessary, may propose amendments to this constitution : which pro 348 CONSTITUTION OF posea amendments shall be duly published in print, at least three months before the next general election of representatives, for the consideration of the people; and it shall be the duty of the several returning officers, at the next general election which shall be held for representatives, to o])en a poll for, and make a return to the secretary of state for the time being, of the names of all those voting for representatives, who have voted on such proposed amendments ; and if thereupon it shall appear that a majority of all the citizens of this state, voting for representa- tives, have voted in favour of such proposed amendments ; and two- thirds of each house of the next general assembly shall, after such an election, and before another, ratify the same amendments by yeas and nays, the}' shall be valid, to all intents and purposes, as parts of this constitution : Provided, that the said proposed amendments shall, at each of the said sessions, have been read three times, on three several days in each house. SCHEDULE. § 1. That no inconvenience may arise from a change of territorial to a permanent state government, it is declared that all rights, actions, pro- secutions, claims, and contracts, as well of individuals as of bodies cor- porate, shall continue as if no such change had taken place : and all process which shall, before the third Monday in September next, be issued in the name of the Alabama territory, shall be as valid as if issued in the name of the state. 2. All fines, penalties, forfeitures, and escheats accruing to the Ala- bama territory, shall accrue to the use of the state. 3. The validity of all bonds and recognizances executed to the gov- ernor of the Alabama 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 Alabama and his successors in office ; and all criminal or penal actions arising or now depending within the limits of this state, shall be prosecuted to judgment and execution in the name of said state ; all causes of action arising to individuals, 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 courts as may have jurisdiction thereof. 4. All oflScers, civil or military, now holding commissions under the authority of the United States, or of the Alabama territory, within this state, shall continue to hold and exercise their respective offices under the authority of this state until they shall be superseded by the authority of this constitution, and shall receive from the treasury of this state the same compensation which they heretofore received, in proportion to the time they shall be so employed. The governor shall have power to fill vacancies by commissions, to expire so soon as elections or appointments can be made to such offices by authority of this constitution. 5. All laws and parts of laws, now in force in the Alabama territory, which are not repugnant to the provisions of this constitution, shall continue and remain in force as the laws of this state, until they expire by their own limitation, or shall be altered, or repealed by the legisla- ture thereof. G. Every wliite male person above the age of tvfrenty-one yeai-s, wnc ALABAMA. 340 shall be a citizen of the United States, and resident hi tliis slate at the time of the adoption of this constitution, shall be deemed a qualified elector at the first election to be holden in this state. And every white male person who shall reside within the limits of this state at the time of the adoption of this constitution, and shall be otherwise qualified, shall be entitled to hold any oflftce or place of honour, trust, or profit, under this state ; any thing in this constitution to the contrary notwithstanding. 7. The president of this convention shall issue writs of election, directed to the sheriffs of the several counties, requiring them to cause an election to be held for a governor, representative to the congress of the United States, members of the general assembly, clerks of the several courts, and sherilTs of the respective counties, at the respective places of election in said counties, on the third Monday and the day following in September next, which elections shall be conducted in the manner pre- scribed by the existing election laws of the Alabama territory ; and the said governor and members of the general assembly, then duly elected, shall continue to discharge the duties of their respective offices, for the time prescribed by this constitution, and until their successors shall be duly qualified. 8. Until the first enumeration shall be made, as directed by this con- stitution, the county of Autauga shall be entitled to two representatives ; the county of Baldwin to one representative ; the county of Blount to three representatives ; the county of Cahawba to one representative ; the county of Clark to two representatives ; the county of Conechu to two representatives ; the county of Cotaco to two representatives ; the county of Dallas to two representatives ; the county of Franklin to two repre- sentatives ; the county of Lauderdale to two representatives ; the county of Lawrence to two representatives ; the county of Limestone to three representatives ; the county of Madison to eight representatives ; the county of Marengo to one representative ; the county of Marion to one representative ; the county of Monroe to five representatives ; the county of Montgomery to three representatives ; the county of Mobile to one representative ; the county of St. Clair to one representative ; the county of Shelby to two representativas ; the county of Tuscaloosa to three repre- sentatives ; and the county of Washington to two representatives. And each county shall be entitled to one senator, who shall serve for one term. 9. The oaths of office herein directed to be taken, may be administered by any justice of the peace, until the general assembly shall otherwise direct. ORDINANCE. This convention, for and in behalf of the people inhabiting this state, do accept the proposition offered by the act of congress under which they are assembled ; and this convention, for and in behalf of the people inhabiting this state, do ordain, agree, and declare, that they for ever disclaim all right and title to the waste or unappropriated lands lying within this state ; 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 the United States after the first day of Sep- 2 G 350 CONSTITUTION OF tember next, shall be and remain exempt from any tax laid by the ordej or under the autliority of this state, whether for state, coiinty, township^ parish, or any other purpose whatsoever, for tlie term of five years fmm and after the respective days of sale thereof; and that the lands belonging to the citizens of the United States, residing out of the limits of this state, shall never be taxed higher than the lands belonging to persons residing therein ; and that no tax shall be imposed on lands the pro- perty of the United States ; and that all navigable waters within thia tate shall for ever remain public highways, free to the citizens of this sta*e and of the United States without any tax, duty, impost, or toll therefor, imposed by this state : and this ordinance is hereby declared irrevocable without the consent of the United States. Done in convention at Huntsville, this second day of August, in the year of our Lord one thousand eight hundred and nineteen, and of American independence the forty-fourth. J. W. WALKER, President of the Convention. Attest, JoHir Caimcpbeli., Secretary. CONSTITUTION OF MISSOURI. We, the people af Missouri, inhabiting the limits hereinafter desig. nated, by our representatives in convention assembled, at St. 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 1. Of 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 river, on the parallel of thirty-six degrees of north latitude ; thence, west, along the said parallel of latitude, to St. Francois river ; thence up, and following the course of that river, in tlie 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 meridian line passmg through the middle of the mouth of the Kansas river, where 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 MISSOURI. 351 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 Moines ; thence, down 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 Missis- sippi river ; thence, due east, to the middle of the main channel of the Mississippi river ; thence, down, and following the course of the Missis- sippi river, in the middle of the main channel thereof, to the place of beginning." ARTICLE 2. Of the Distribution of Potoers. The powers of government shall be divided into three distinct depart- ments ; 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 belonging to either of the others, except in the instances hereinafter expressly directed or permitted. ARTICLE 3. Of the Legislative Poxver. § 1. The legislative power shall be vested in a " general assembly/' which shall consist of a " senate," and of a " house of representatives." 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. 3. No person shall be a member of the house of representatives who shall not have attained the age of twenty-four years ; who shall not be a 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 year 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. 4. The general assembly, at their first session, and in the years one thousand eight hundred and twenty-two, and one thousand eight hun- dred and twenty-four, respectively, and every fourth year thereafter, shall cause an enumeration of the inhabitants of this state to be made ; and at the first session after such enumeration, shall apportion the number of representatives among the several counties, according to the n ^mber of free white male inhabitants therein. 5. The senators shall be chosen by the qualified electors, for the term of four years. No person shall be a senator who shall not have attained to the ag^e of thirty years : who 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 which he may be chosen to represent one year before his election, if such district shall have been so long esta- blished ; but if not, then of the district or districts from which the same shall have l)^en taken ; and who shall not, moreover, have paid a state or county tax. 6. The senate shall consist of not less than fourteen nor more tliar 352 CONSTITUTION OF 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 require, and the senators shall be apportioned among the several districts accord- ing to the number of free white male inhabitants in each : Provided 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. 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. 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, ex- cept of treason, felony, or breach of the peace, shall be privileged from arrest during their continuance at elections, and in going to, and return- ing from the same. 9. The governor shall issue writs of election, to fill up such vacancies as may occur in either house of the general assembly. 10. Every free white male citizen of the United States, who 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 : Provided, that no sol- dier, seaman, or marine, in the regular army or navy of the United States, shall be entitled to vote at any election in this state. 11. No judge of any court of law or equity, secretary of state, attor- ney-general, state auditor, state or county treasurer, register, or recorder, clerk of any court of record, sheriif, 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. 12. 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 general assem- bly, nor to any office of profit or trust until he shall have accounted for, and paid all sums for which he may be accountable. 13. No person, while he continues to exercise the functions of a bishop, priest, clergyman, or teacher of any religious persuasion, deno- mination, society, or sect, whatsoever, 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. 14. The general assembly shall have power to exclude from every office of honour, trust, or profit, within the state, and from the right of suffirage, all persons convicted of bribery, perjury, or other infamou? crime. 15. Every person who shall be convicted of having, directly or indi- rectly, given or offered any bribe to procure his election or appointment, shall be disqualified for any office of honour, trust, or profit, under this MISSOURI. 353 state ; and any person who shall give or offer any hribe to procure tho election or appointment of any person, shall, on conviction thereof, be i. G. Pettus, Secretary. APPENDIX. DECLARATION OF INDEPENDENCE. In Cowgkess, July 4, 1776. THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF AMERICA. When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and nature's God en- title them, a decent respect to the opinions of mankind requires, that they should declare the causes which impel them to the separation. We hold these truths to be self-evident : — that all men are created equal ; that they are endowed by their Creator with certain unalien- able rights ; that among these are life, liberty, and the pursuit of hap- piness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the go- verned ; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such princi- ples, and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate, that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are suf- ferable, than to right themselves, by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpa- tions, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their fu- ture security. Such has been the patient sufferance of these colonies, and such is now the necessity which constrains them to alter their former systems of government. The history of the present king of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny 369 370 APPENDIX. over these States. To prove this, let facts be submitted to a canJid world. He has refused his assent to laws the most wholesome and neces- sary for the public good. He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation, till his assent should be obtained ; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accom- modation of large districts of people, unless thofe people would relin- quish the right of representation in the legislature — a right inestima- ble to them, and formidable to tyrants only. He has called together legislative bodies at places unusual, uncom- fortable, and distant from the repository of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved Representative Houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the people. He has refused, for a long time after such dissolutions, to cause others to be elected ; whereby the legislative powers, incapable of an- nihilation, have returned to the people at large for their exercise, the State remaining, in the mean time, exposed to all the dangers of inva- sion from without, and convulsions within. He has endeavoured to prevent the population of these States ; for that purpose obstructing the laws of naturalization of foreigners ; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands. He has obstructed the administration of justice, by refusing his as- sent to laws for establishing judiciary powers. He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of officers, to harass our people, and cat out their substance. He has kept among us, in times of peace, standing armies, without the consent of our legislatures. He has affected to render the military, independent of, and superior to, the civil power. He has combined with others to subject us to a jurisdiction foreign to our Constitution, and unacknowledged by our laws ; giving his as- sent to their acts of pretended legislation : For quartering large bodies of armed troops among us : For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these States* For cutting otf our trade with all parts of the world : For imposing taxes on us without our consent : For depriving us, in many cases, of the benefits of trial by jury : For transporting us beyond seas to be tried for pretended offences : For abolishing the free system of English laws in a neighbouring province, establishing therein an arbitrary government, and enlarging APPENDIA. 371 its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies. For taking away our charters, abolishing our most valuable laws, and altering, fundamentally, the forms of our governments : For suspending our own legislatures, and declaring themselves in- vested with power to legislate for us in all cases whatsoever. He has abdicated government here, by declaring us out of his pro- tection, and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns, an destroyed the lives of our people. He is at this time transporting large armies of foreign mercenaricv, to complete the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow-citizens, taken caj)tive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections amongst u-, and has endea- voured to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruc- tion of ail ages, sexes, and conditions. In every stage of these oppressions we have petitioned for redress in the most humble terms: our repeated petitions have been answered only by repeated injury. A prinde, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler free people. Nor have we been wanting in attentions to our British brethren. We have warned them, from time to time, of attempts by their legisla- ture to extend an unwarrantable jurisdiction over us. We have re- minded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our con- nexions and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them, as we hold the rest of mankind — enemies in war, in peace friends. We, therefore, the representatives of the United States of America, in General Congress assembled, appeaUng to the Supreme Judge of the world, for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly publish and declare, that these United Colonies are, and of right ought to be, free and independent States ; that they are absolved from all allegiance to the British crown, and that all political connexion between them and the State of Great Britain is, and ought to be, totally dissolved; and that, as free and independent States, they have full pow^r to levy War, conclude peace, contract alliances, establish commerce, and to do all erea rked I of a \ iren. -J 372 APPENDIX. other acts and things which independent States may of right do. And 4i)r the eupport of this declaration, with a firm reliance on the protection ol Divine Providence, we mutually pledge to each othei our lives, our fortunes, and our sacred honour. JOHN HANCOCK. KEW HAMPSHIRE. Josiah Bartlett. William Whipple, Matthew Thornton. James Smith, George Taylor, James Wilson, George Ross. MASSACHUSETTS BAT. Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry. RUODE ISLAJfD, &C. Stephen Hopkins, ^Villiam Ellery. CONNECTICUT. Roger Sherman, Samuel Huntingdon, William Williams, Oliver Wolcott. NEW TO UK. William Floyd, l^hilip Livingston, Fraucfs Lewis, Lewis Morris. NEW JERSET. Richard Stockton, John Witherspoon, F; ancis Hopkinson, John Hart, Abraham Clark. PENNSYLVANIA. Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, BELAWARB. Caesar Rodney, George Read, Thomas M'Kean. MARYLAND. Samuel Chase, William Paca, Thomas Stone, C. Carroll, of Carrollton, VIRGINIA. George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton. NORTH CAROLINA. William Hooper. Joseph Hewes, John Penn. SOUTH CAROLINA. Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton. GEOROIA. Burton Gwinnet, Lyman Hall, George Walton. ARTICLES OF CONFEDERATION. In Covgress, July 8, 1788. ARTICLES OF CONFEDERATION AND PERPETUAL UNION Bet-ween the States ofJVew Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, J\"eio Yorky J^Teiv Jersey, Pejinsylvania, Delatvare, Maryland, Virginiaj J^orth Carolina, South Carolina, and Georgia. Article 1. The style of this confederacy shall be, " The United States of America.^'' Art. 2. Each State retains its sovereignty, freedom, and independ- ence, and every power, jurisdiction, and right, which is not by this confederation, expressly delegated to the United States, in Congress assembled. Art. 3. The said States hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general welfare, binding them- selves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of reUgion, sovereignty, trade, or any other pretence whatever. Art. 4. § 1. The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of ^these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States ; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions, as the inha- bitants thereof respectively ; provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State, to any other State, of which the owner is an inhabitant ; pro- vided also, that no imposition, duties, or restriction, shall be laid by any State on the property of the United States, or either of them. § 2. If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall, upon the demand of the governor or executive power of the State from which he fled, be de- livered up, and removed to the State having jurisdiction of his offence. § 3 Full faith and credit shall be given, in each of these States, to 2 I 873 374 APPENDIX. the records, acte, and judicial proceedings of the courts and magistratea of every other State. Art. 5. § 1. For the more convenient management of the gener^ interests of the United States, delegates shall be annually appointed in such a manner as the legislature of each State shall direct, to meet In Congress on the first Monday in November, in every year, with a power reserved to each State to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the re- mainder of the year. § 2. No State shafl be represented in Congress by less than two^ nor more than seven members : and no person shall be capable of being a delegate for more than three years, in any term of six years ; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or any other for his benefit, receives any salary, fees, or emolument of any kind. § 3. Each State shall maintain its own delegates in a meeting of the States, and while they act as members of the committee of these States. § 4. In determining questions in the United States in Congress assembled, each State shall have one vote. § 5. Freedom of speech and debate in Congress shall not be im- peached or -questioned in any court or place out of Congress, and the members of Congress shall be protected in their persons, from arrests and imprisonments during the time of their going to and from, and attendance on, Congress, except for treason, felony, or breach of the peace. Art. 6. § 1. No State, without the consent of the United States, in Congress assembled, shall send any embassy to, or receive any em- bassy from, or-'.euter into any conference, agreement, alliance, or treaty, with any kingrpMnce, -of Siate ; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign State ; nor shall the United States, in Congress assembled, or any of them, grant any title of nobility. § 2. No two or more States shall enter into any treaty, confedera- tion, or alliance whatever, between them, without the consent of the United States, in Congress assembled, specifying accurately the pur- poses for which the same is to be entered into, and how long it shall continue. § 3. No State shall lay any imposts or duties which may interfere with any stipulations in treaties, entered into by the United States, in Congress assembled, with any king, prince, or State, in pursuance of any treaties already proposed by Congress to the courts of France and Spain. § 4. No vessels of war shall be kept up in time of peace, by any State, except such number only as shall be deemed necessary by the United States, in Congress assembled, for the defence of such State, or its trade : nor shall any body of forces be kept up, by any State, in APPENDIX. 375 ti ^ . . Marshal J. Bacox, ' i^^^retanes. CONSTITUTION OF ARKANSAS. We, the people of the territory of Arkansas, by our representatives, in convention assembled, at Little Rock, on Monday, the 4th of January, A. D. 1836, and of the independence of the United States the sixtieth year, having the right of admission into the union as one of the United States of America, consistent with the federal constitution, and by virtue of the treaty of cession, by France to the United States, of the province of Louisiana, in order to secure to ourselves and our posterity the enjoy- 396 CONSTITUTION OF mcnt of all the rights of life, liberty, and property, and the free pursuit of happiness, do mutually agree with each other to form ourselves into a free and independent state, by the name and style of " The state of Arkansas," and do ordain an