Constitutions of the World from the late 18th Century to the Middle of the 19th Century: Part IV Massachusetts – New Hampshire 9783598440656, 9783598357541

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Constitutions of the World from the late 18th Century to the Middle of the 19th Century Verfassungen der Welt vom späten 18. Jahrhundert bis Mitte des 19. Jahrhunderts

Constitutions of the World from the late 18th Century to the Middle of the 19th Century Sources on the Rise of Modern Constitutionalism Editor in Chief Horst Dippel America: Volume 1

Verfassungen der Welt vom späten 18. Jahrhundert bis Mitte des 19. Jahrhunderts Quellen zur Herausbildung des modernen Konstitutionalismus Herausgegeben von Horst Dippel Amerika: Band 1

K·G ·Saur 2007

Constitutional Documents of the United States of America 1776–1860 Part IV: Massachusetts – New Hampshire Edited by Horst Dippel

Verfassungsdokumente der Vereinigten Staaten von Amerika 1776–1860 Teil IV: Massachusetts – New Hampshire Herausgegeben von Horst Dippel

K·G ·Saur 2007

Bibliographic information published by the Deutsche Nationalibliothek The Deutsche Nationalibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data are available in the internet at http://dnb.d-nb.de.

Bibliografische Information der Deutschen Nationalbibliothek Die Deutsche Nationalbibliothek verzeichnet diese Publikation in der Deutschen Nationalbibliografie; detaillierte bibliografische Daten sind im Internet über http://dnb.d-nb.de abrufbar.

U Printed on acid-free paper / Gedruckt auf alterungsbeständigem Papier

© 2007 by K . G. Saur Verlag, München Ein Imprint der Walter de Gruyter GmbH & Co. KG Printed in Germany All Rights Strictly Reserved / Alle Rechte vorbehalten. Technical Partner / Technischer Partner: Mathias Wündisch, Leipzig Printed and Bound / Druck und Bindung: Strauss GmbH, Mörlenbach 978-3-598-35754-1

Contents Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Failed Constitution of Massachusetts (1778) Constitution of Massachusetts (1780) . . . . Amendments of 1821 . . . . . . . . . Amendment of 1831 . . . . . . . . . Amendment of 1834 . . . . . . . . . Amendment of 1837 . . . . . . . . . Amendment of 1840 . . . . . . . . . Amendments of 1855 . . . . . . . . . Amendments of 1857 . . . . . . . . . Amendment of 1859 . . . . . . . . . Amendments of 1860 . . . . . . . . . Failed Constitution of Massachusetts (1853)

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9 19 41 48 50 51 53 55 58 60 61 63

Constitution of Michigan (1835) . Amendment of 1839 . . . . Amendment of 1843 . . . . Amendment of 1844 . . . . Amendment of 1849 . . . . Constitution of Michigan (1850) . First Amendment of 1860 . . Second Amendment of 1860 Third Amendment of 1860 .

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87 102 103 104 105 107 135 136 137

Constitution of Minnesota (1857) . . . . . . . First Amendment of 1858 . . . . . . . . Second Amendment of 1858 . . . . . . First Amendment of 1860 . . . . . . . . Second and Third Amendments of 1860

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139 165 168 169 170

Constitution of Mississippi (1817) . . . . Constitution of Mississippi (1832) . . . . Failed Amendment of 1833 . . . . . Failed Amendment of 1839 . . . . . Failed Amendment of 1844 . . . . . Amendment of 1846 . . . . . . . . Failed Amendment of 1846 . . . . . First Failed Amendment of 1850 . . Second Failed Amendment of 1850 Amendment of 1852 . . . . . . . . First Amendment of 1856 . . . . . . Second Amendment of 1856 . . . .

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171 191 207 208 209 210 211 212 213 214 215 216

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C ONTENTS Third Amendment of 1856 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 Failed Amendment of 1856 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 Amendment of 1857 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 Constitution of Missouri (1820) / Constitution du Missouri (1820) Failed Amendments of 1821 . . . . . . . . . . . . . . . . . Amendments of 1822 . . . . . . . . . . . . . . . . . . . . . Failed Amendments of 1832 . . . . . . . . . . . . . . . . . Amendments of 1834 . . . . . . . . . . . . . . . . . . . . . First Failed Amendments of 1843 . . . . . . . . . . . . . . Second Failed Amendment of 1843 . . . . . . . . . . . . . Failed Amendment of 1846 . . . . . . . . . . . . . . . . . . First Amendment of 1849 . . . . . . . . . . . . . . . . . . . Second Amendment of 1849 . . . . . . . . . . . . . . . . . Third Amendment of 1849 . . . . . . . . . . . . . . . . . . Failed Amendment of 1849 . . . . . . . . . . . . . . . . . . First Amendment of 1851 . . . . . . . . . . . . . . . . . . . Second Amendments of 1851 . . . . . . . . . . . . . . . . . Third Amendment of 1851 . . . . . . . . . . . . . . . . . . Failed Amendment of 1851 . . . . . . . . . . . . . . . . . . Amendment of 1853 . . . . . . . . . . . . . . . . . . . . . Amendment of 1855 . . . . . . . . . . . . . . . . . . . . . First Amendment of 1857 . . . . . . . . . . . . . . . . . . . Second Amendment of 1857 . . . . . . . . . . . . . . . . . Amendment of 1859 . . . . . . . . . . . . . . . . . . . . . Amendment of 1861 . . . . . . . . . . . . . . . . . . . . . Failed Constitution of Missouri (1846) . . . . . . . . . . . . . . .

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221 264 265 266 268 270 271 272 273 275 276 277 278 279 281 282 283 284 285 286 287 288 289

Constitution of New Hampshire (1776) . . . . Failed Constitution of New Hampshire (1779) Failed Constitution of New Hampshire (1781) Failed Constitution of New Hampshire (1782) Constitution of New Hampshire (1784) . . . . Amendments of 1792 . . . . . . . . . . Constitution of New Hampshire (1792) . . . . Failed Constitution of New Hampshire (1851) Amendments of 1851–52 . . . . . . . .

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313 317 323 341 359 376 391 411 430

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Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433

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Acknowledgments

In preparing the editions for this volume Brandon Haynes of the Administrative Office of the Courts of the State of Kentucky once again offered his untiring help and assistance, from which I profited as much as from Tabitha L. Acosta helping out with copies from the University of Virginia Law Library at Charlottesville, VA. Michael Comeau and John Hannigan from the Massachusetts State Archives provided indispensable copies, including those of the original of the Massachusetts Constitution of 1780, while Mark Harvey contributed material from the Michigan State Archives. Steve Nielsen from the Minnesota Historical Society graciously provided the documents that shed light on the complicated origins of the Minnesota constitution, whereas Joanna Bonham and Preston Everett went to great lengths in supplying Mississippi documents. Ann Roberts from the Missouri State Archives, Duane Sneddeker and Dennis Northcott from the Missouri Historical Society St. Louis, Laurel Boeckman and Ara L. Kaye of the State Historical Society of Missouri, and Erin Davis from the Washington University Libraries St. Louis all pro-

vided essential building blocks from which the Missouri section took shape. Frank Mevers, an encouraging friend for many years, and Benoit Shoja, both from the New Hampshire State Archives readily produced copies of their respective constitutional documents. To all of them, and to the numerous additional helping hands and minds within and outside the respective states I want to extend my most sincere thanks. Without them this volume could not have been produced. Any mistakes and errors I may have made remain within my exclusive responsibility. Horst Dippel

Note on electronic sources: All documents located on the Internet, which were used in the process of editing this volume, were accessed during March 2007. The prints and, where such were not available, manuscripts used as the textual bases for this edition are freely available as digital facsimiles at http://www.modernconstitutions.de.

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Failed Constitution of Massachusetts (1778)

A Constitution and Form of Government for the State of Massachusetts-Bay1

W HEREAS upon the Declaration of Independence made by the Representatives of the United States, in Congress assembled, by which all connections between the said States and Great-Britain, were dissolved, the General Assembly of this State, thought it expedient that a new Constitution of Government for this State, should be formed; and apprehending that they were not invested with sufficient authority to deliberate and determine upon so interesting a subject, did on the fifth day of May 1777, for the effecting this valuable purpose, pass the following Resolve. “R ESOLVED, That it be, and hereby is recommended to the several towns and places in this State, impowered by the laws thereof, to send members to the General Assembly, that at their next election of a member or members to represent them, they make choice of men in whose integrity and abilities they can place the greatest confidence, and in addition to the common and ordinary powers of representation, instruct2 them with full powers in one body with the Council, to form such a constitution of government as they shall judge best calculated to promote the happiness of this State, and when compleated to cause the same to be printed in all the Boston news-papers, and also in hand-bills, one of which to be transmitted to the selectmen of each town, or the committee of each plantation, to be by them laid before their respective towns or plantations at a regular meeting of the inhabitants thereof, to be called for that purpose,

in order to its being by each town and plantation duly considered, and a return of their approbation or disapprobation to be made into the Secretary’s office of this State, at a reasonable time to be fixed on3 by the General Court, specifying the numbers present in such meeting, voting for, and those voting against the same; and if upon a fair examination of the said returns, by the General Court or such a committee as they shall appoint for that purpose, it shall appear that the said form of government is approved of by at least two thirds of those who are free and twenty-one years of age, belonging to this State, and present in the several meetings, then the General Court shall be impowered to establish the same as the constitution and form of government of the State of Massachusetts-Bay; according to which the inhabitants thereof shall be governed in all succeeding generations, unless the same shall be altered by their own express direction, or that4 of at least two thirds of them. And it is further recommended to the selectmen of the several towns in the return of their precepts for the choice of Representatives to signify their having considered this resolve, and their doings thereon.” And whereas the good people of this State, in pursuance of the said resolution, and reposing special trust and confidence in the Council and in their Representatives, have appointed, authorised and instructed their Representatives in one body with the Council, to form such a constitution of government as they shall judge best calculated

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M ASSACHUSETTS to promote the happiness of this State, and when compleated to cause the same to be published for their inspection and consideration: W E therefore the Council and Representatives of the people of the State of Massachusetts-Bay, in Convention assembled, by virtue of the power delegated to us, and acknowledging our dependence upon the all-wise Governor of the Universe for direction, do agree upon the following form of a constitution of government for this State, to be sent out to the people, that they may act thereon agreeably to the afore-recited5 resolve. [A RT.]6 I. There shall be convened, held and kept a General Court, upon the last Wednesday in the month of May every year, and at all other times as the said General Court shall order and appoint; which General Court shall consist of a Senate and House of Representatives to be elected as this Constitution hereafter directs. [A RT.] II. There shall be elected annually a Governor and Lieutenant-Governor, who shall each have, by virtue of such election, a seat and voice in the Senate: and the stile and title of the Governor shall be His Excellency, and the stile and title of the Lieutenant-Governor shall be His Honor. [A RT.] III. No person shall be considered as qualified to serve as Governor, Lieutenant-Governor, Senator or Representative, unless qualified respectively at the time of their several elections as follows, viz. The Governor and Lieutenant-Governor shall have been inhabitants of this State five years, immediately preceeding the time of their respective elections; the Governor shall be possessed, in his own right, of an estate of the value of one thousand pounds, whereof five hundred pounds value, at the least, shall be in real estate, within this

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State; the Lieutenant-Governor shall be possessed, in his own right, of an estate of the value of five hundred pounds, two hundred and fifty pounds thereof, at the least, to be in real estate, within this State: A Senator shall be possessed, in his own right, of an estate to the value of four hundred pounds, two hundred pounds thereof, at the least, to be in real estate, lying in the district for which he shall be elected: A Representative shall be possessed, in his own right, of an estate to the value of two hundred pounds, one hundred pounds thereof, at the least, to be in real estate lying in the town for which he shall be elected. Senators and Representatives shall have been inhabitants of districts and towns for which they shall be respectively, elected one full year immediately preceeding such election: provided that when two or more towns join in the choice of a Representative, they may choose an inhabitant of either of said towns, he being otherwise qualified as this article directs. [A RT.] IV. The Judges of the Superior Court, Secretary, Treasurer-General, Commissary-General, and settled Ministers of the Gospel, while in office; also all military officers, while in the pay of this or of the United States, shall be considered as disqualified for holding a seat in the General Court; and the Judges and Registers of Probate for holding a seat in the Senate. [A RT.] V. Every male inhabitant of any town in this State, being free, and twentyone years of age, excepting Negroes, Indians and molattoes, shall be intitled to vote for a Representative or Representatives, as the case may be, in the town where he is resident, provided has paid taxes in said town (unless by law excused from taxes) and been resident therein one full year immediately preceeding such voting, or that such town has been his known and usual place of abode for that time, or that he is

FAILED C ONSTITUTION OF M ASSACHUSETTS (1778) considered as an inhabitant thereof; and every such inhabitant7 qualified as above, and worth sixty pounds clear of all charges thereon, shall be intitled to put in his vote for Governor, Lieutenant-Governor and Senators; and all such voting for Governor, Lieutenant-Governor, Senators or Representatives, shall be by ballot and not otherwise. [A RT.] VI. Every incorporated town within this State shall be intitled to send one Representative to the General Court; any town having three hundred voters, may send two; having five hundred and twenty voters, may send three; having seven hundred and sixty, may send four, and so on; making the increasing number necessary for another member8 , twenty more than the last immediately preceeding increasing number, ’till9 the whole number of voters in any town are reckoned. And each town shall pay the expence of its own representative or representatives; and the inhabitants of any two or more towns who do not incline to send a representative for each town, may join in the choice of one, if they shall so10 agree. [A RT.] VII. The Selectmen of each town shall sometime in the month of April annually, issue their warrant or warrants under their hands and seals, directed to some Constable or Constables within their towns respectively, requiring him or them to notify the inhabitants qualified to vote for a representative, to assemble in some convenient place in such town, for the choice of some person or persons, as the case may be, to represent them in the11 General Court the ensuing year; the time and place of meeting to be mentioned in the warrant or warrants for calling such meeting: And the Selectmen of each town respectively, or the major part of them, shall make return of the name or names of the person or persons elected by the major part of the voters present, and voting in such meeting, to represent said town

in the General Court the ensuing year, into the Secretary’s office, on or before the last Wednesday of May, then next ensuing: And when two or more towns shall agree to join for such choice, the major part of the Selectmen of those towns, shall in the manner above directed, warn a meeting to be held in either of the said towns, as they shall judge most convenient, for that purpose, and shall make return as aforesaid, of the person chosen at such meeting.

[A RT.] VIII. The number of Senators shall be twenty-eight: (exclusive of the Governor and Lieutenant-Governor) Their election shall be annual, and from certain districts into which the State shall be divided as follows, viz. The middle district to contain the counties of Suffolk, Essex and Middlesex, within which ten Senators shall be elected; the southern district to contain the counties of Plymouth, Barnstable, Bristol, DukesCounty and Nantucket, within which six Senators shall be elected; the western district to contain the counties of Hampshire, Worcester and Berkshire, within which eight Senators shall be elected; the northern district to contain the counties of York and Cumberland, within which three shall be elected; the eastern district to contain the county of Lincoln, within which one shall be elected: And as the numbers of inhabitants in the several districts may vary from time to time, the General Court shall in the way they shall judge best, sometime in the year one thousand seven hundred and ninety, and once in twenty years ever after, order the number of the inhabitants in12 the several districts to be taken, that the Senators may be apportioned anew to the several districts, according to the numbers of13 inhabitants therein. And the General Court may at such new apportionment increase the number of Senators to be chosen as they may see fit; provided that the whole number shall never

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M ASSACHUSETTS exceed thirty-six, exclusive of the Governor and Lieutenant-Governor. [A RT.] IX. The inhabitants of the several towns in this State, qualified as this Constitution directs, shall on the first Wednesday in the month of November annually, give in their votes in their respective towns, at a meeting which the Selectmen shall call for that purpose, for Senators for the year ensuing the last Wednesday in May then next. The votes shall be given in for the members of each district separately, according to the aforegoing apportionment14 , or such as shall be hereafter ordered; and the Selectmen and Town Clerk of each town, shall sort and count the votes, and by the third Wednesday in December then next, transmit to the Secretary’s office, a list certified by the town-clerk, of all the persons who had votes as Senators for each district at such meeting, and the number each person had, affixed to his name. The lists so sent in shall be examined by the General Court at their then next sitting, and a list for each district of those voted for, to the amount of double the number assigned such district, (if so many shall have votes) taking those who had the highest numbers, shall be made out and sent by the first of March, then next after, to the several towns in15 this State, as a nomination list, from which said towns shall, at their meetings for the choice of Governor in the month of May, vote for the Senators assigned the respective districts; which votes shall be counted and sorted, and lists certified as before directed, made out and sent into the Secretary’s office, by ten o’clock in the forenoon of the last Wednesday in said May, and not afterwards; which lists shall be examined by the House of Representatives for the first time of the election of Senators, and ever afterwards by the Senate and House of Representatives on said last Wednesday of May, or as soon after as may be; and those persons in each district,

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equal to the number assigned such district, who have the greatest number of votes, shall be Senators for the ensuing year, unless it shall appear to the Senate that any member or members thereof were unduly elected, or not legally qualified; of which the Senate shall be the16 judges. And the Senate when so constituted, shall continue in being ’till17 another Senate is chosen, and the members thereof gone through all the steps necessary to qualify them to enter on the business assigned them by this Constitution. [A RT.] X. There shall forever hereafter, on the first Wednesday in the month of May annually, be held, in each town in this State, a meeting of the inhabitants of such towns respectively, to give or put in their votes for Governor, Lieutenant-Governor and Senators; which meeting the Selectmen shall cause to be notified in the manner before directed, for the meeting for the choice of Representatives: and the town-clerk shall return into the Secretary’s office by ten o’clock in the morning of the last Wednesday of said May, and not afterwards, an attested list18 of all the persons who had votes for Governor and Lieutenant-Governor respectively, certifying the number of votes each person so voted for had, which lists shall be, on said last Wednesday of May, or as soon after as may be, examined by the Senate and House of Representatives; and the persons who, on such examination, shall appear to have the greatest number of votes for those offices respectively, provided it be a majority of the whole number, shall be by the two Houses declared Governor and LieutenantGovernor, and intitled to act as such the ensuing year; and if no person shall have such majority for Governor or for LieutenantGovernor, the Senate and House of Representatives shall as soon as may be, after examining said lists, proceed by joint ballot to elect a Governor or Lieutenant-Governor,

FAILED C ONSTITUTION OF M ASSACHUSETTS (1778) or both, as the case may require19 , confining themselves to one of those three who had the greatest number of votes collected in the several towns for the office to be filled. [A RT .] XI. If any person chosen Governor, Lieutenant-Governor, Senator, or Representative, whose qualifications20 shall be questioned by any one member of the Senate or House of Representatives, within twentyfour days after his appearing to enter upon the execution of his office, shall not make oath before a Senator, the speaker of the House of Representatives, or some Justice of the Peace, that he is qualified as required by this Constitution, and lodge a certificate thereof in the Secretary’s office, within ten days after notice given him of such questioning by the Secretary, whose duty it shall be to give such notice, his election shall be void; and any person claiming privilege of voting for Governor, Lieutenant-Governor, Senators, or Representatives, and whose qualifications shall be questioned in townmeeting, shall, by the Selectmen, be prevented from voting, unless he shall make oath that he is qualified as this Constitution requires; said oath to be administered by a Justice of the Peace, or the Town-Clerk, who is hereby impowered to administer the same when no Justice is present. [A RT.] XII. Whenever any person who may be chosen a member of the Senate, shall decline the office to which he is elected, or shall resign his place, or die, or remove out of the State, or be any way disqualified, the House of Representatives may, if they see fit, by ballot, fill up any vacancy occasioned thereby, confining themselves in the choice to the nomination list for the district to which such member belonged, whose place is to be supplied, if a sufficient number is thereon for the purpose; otherwise the choice may be made at large in said district. [A RT.] XIII. The General Court shall be

the supreme legislative authority of this State, and shall accordingly have full power and authority to erect and constitute judicatories and Courts of record, or other Courts, and from time to time to make and establish all manner of wholsome and reasonable orders, laws, and statutes; and also, for the necessary support and defence of this Government, they shall have full power and authority to levy proportionable and reasonable assessments, rates and taxes, and to do all and every thing they shall judge to be for the good and welfare of the State, and for the Government and ordering thereof; provided nevertheless, they shall not have any power to add to, alter, abolish, or infringe any part of this Constitution. And the enacting stile in making laws shall be “by the Senate and House of Representatives in General Court assembled, and by the authority of the same.” [A RT.] XIV. The Senate and House of Representatives shall be two separate and distinct bodies, each to appoint its own officers, and settle its own rules of proceeding21 ; and each shall have an equal right to originate or reject any bill, resolve or order, or to propose amendments in22 the same, exceeding bills and resolves, levying and granting money or other property of the State, which shall originate in the House of Representatives only, and be concurred or non-concurred in whole by the Senate. [A RT.] XV. Not less than sixty members shall constitute or make a quorum of the House of Representatives; and not less than nine shall make a quorum of the Senate. [A RT.] XVI. The Senate and House of Representatives shall have power to adjourn themselves respectively; provided such adjournment shall not exceed two days at any one time. [A RT.] XVII. The Governor shall be President of the Senate. He shall be General and

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M ASSACHUSETTS Commander in Chief of the Militia, and Admiral of the Navy of this State; and impowered to embody the militia, and cause them to be marched to any part of the State, for the public safety, when he shall think necessary; and in the recess of the General Court, to march the militia, by advice of the Senate, out of the State, for the defence of this, or any other of the United States; provided always that the Governor shall exercise the power given him23 by this Constitution, over the militia and navy of the State, according to the laws thereof, or the resolves of the General Court. He shall, with the advice of the Senate, in the recess of the General Court, have power to prorogue the same from time to time, not exceeding forty days in any one recess of said Court; and in the sitting of said Court, to adjourn or prorogue the said Court to any time they shall desire, or to dissolve the same at their request, or to call said Court together sooner than the time to which it may be adjourned or prorogued, if the welfare of the State shall require the same. He shall have power at his discretion to grant reprieves to condemned criminals for a term or terms of time, not exceeding six months. It shall be the duty of the Governor to inform the legislature at every session of the General Court, of the condition of the State, and from time to time to recommend such matters to their consideration, as shall appear to him to concern its24 good government, welfare and prosperity. [A RT.] XVIII. Whenever the person who may be chosen Governor shall decline the trust to which he is thereby elected, or shall resign, or die, or remove out of the25 State, or be otherwise disqualified, the LieutenantGovernor shall have the like power during the vacancy in the office of Governor, as the Governor is by this Constitution vested with: and in case of a vacancy in the office of Governor and Lieutenant-Governor, the major part of the Senate shall have authority

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to exercise all the powers of a Governor during such vacancy; and in case the Governor and Lieutenant-Governor are both26 absent from the Senate, the Senior or first Senator then present shall preside therein27 . [A RT.] XIX. All Civil officers annually chosen, with salaries annually granted for their services, shall be appointed by the General Court, by ballot, each branch to have a right to originate or negative the choice: All other Civil officers, and also all General, Field and Staff officers, both of the militia and of the troops, which may be raised by and be in the pay of this State, shall be appointed by the Governor and Senate: Captains and Subalterns of troops raised by and in the pay of this28 State, to be also appointed by the Governor and Senate. [A RT.] XX. The Governor and Senate shall be a Court for the trial of all impeachments of any officers of this State, provided that if any impeachment shall be prosecuted against the Governor, Lieutenant-Governor, or any one of the Senate; in such case the person impeached shall not continue one of the Court for such trial: Previous to the trial of any impeachment, the members of the Court shall be respectively sworn, truly and impartially to try and determine the charge in question, according to evidence, which oath shall be administered to the members by the President, and to him by any one of the Senate; and no judgment of said Court shall be valid, unless it be assented to by two thirds of the members of said Court present at such trial; nor shall judgment extend further than to removal of the person tried from office, and disqualification to hold or enjoy any place of honor, trust or profit, under the State; the party so convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to the laws of the State; and the power of impeaching all officers of the State for male conduct29 in their respective offices,

FAILED C ONSTITUTION OF M ASSACHUSETTS (1778) shall be vested in the House of Representatives.

and Judges of the Maritime Courts, shall appoint their respective Clerks.

[A RT.] XXI. The Governor may, with advice of the Senate, in the recess of the General Court, lay an embargo, or prohibit the exportation of any commodity for any term of time, not exceeding forty days in any one recess of said Court.

[A RT.] XXVIII. The Delegates for this State to the Continental Congress shall be chosen annually by joint ballot of the Senate and House of Representatives, and may be superseded in the mean time in the same manner. If any person holding the office of Governor, Lieutenant-Governor, Senator, Judge of the Superior Court, Secretary, Attorney-General, Treasurer-General or Commissary-General, shall be chosen a member of Congress and accept the trust, the place which he so held as aforesaid shall be considered as vacated thereby, and some other person chosen to succeed him therein: And if any person, serving for this State at said Congress, shall be appointed to either of the aforesaid offices, and accept thereof, he shall be considered as resigning his seat in Congress, and some other person shall be chosen in his stead.

[A RT.] XXII. The Governor shall have no negative as Governor, in any matter pointed out by this Constitution to be done by the Governor and Senate, but shall have an equal voice with any Senator, on any question before them; provided that the Governor (or in his absence out of this30 State the Lieutenant-Governor) shall be present in Senate to enable them to proceed on the business assigned them by this Constitution, as Governor and Senate. [A RT.] XXIII The power of granting pardons shall be vested in the Governor, Lieutenant-Governor and Speaker of the House of Representatives, for the time being, or in either two of them. [A RT.] XXIV. The Justices of the Superior Court, the Justices of the Inferior Courts of Common Pleas, Judges of Probate of Wills, Judges of the Maritime Courts, and Justices of the Peace, shall hold their respective places during good behaviour. [A RT.] XXV. The Secretary, TreasurerGeneral, and Commissary-General, shall be appointed annually. [A RT.] XXVI. The Attorney-General, Sheriffs, Registers of the Courts of Probate, Coroners, Notaries-Public and Naval Officers, shall be appointed and hold their places31 during pleasure. [A RT.] XXVII. The Justices of the Superior Court, Justices of the Inferior Courts, Courts of General Sessions of the Peace,

[A RT.] XXIX. No person unless of the Protestant religion shall be Governor, Lieutenant-Governor, a member of the Senate or of the House of Representatives, or hold any judiciary employment within this State. [A RT.] XXX. All commissions shall run in the name of the “State of MassachusettsBay,” bear test, and be signed by the Governor or Commander in Chief of the State, for the time being, and have the seal of the State thereunto32 affixed, and be attested by the Secretary or his deputy. [A RT.] XXXI. All writs issuing out of the Clerk’s office of any of the Courts of law within this State, shall be in the name of the “State of Massachusetts-Bay,” under the seal of the Court from whence33 they issue, bear test of the Chief Justice, or senior or first Justice of the Court where such writ is returnable, and be signed by the Clerk

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M ASSACHUSETTS of such Court. Indictments shall conclude “against the peace and dignity of the State.” [A RT.] XXXII. All the statute laws of this State, the common law, and all such parts of the English and British statute laws, as have been adopted and usually practised in the Courts of law in this State, shall still remain and be in full force until altered or repealed by a future law or laws of the legislature; and shall be accordingly observed and obeyed by the people of this State, such parts only excepted as are repugnant to the rights and privileges contained in this Constitution: And all parts of such laws as refer to and mention the Council, shall be construed to extend to the Senate; and the inestimable right of trial by jury, shall remain confirmed as part of this Constitution forever. [A RT.] XXXIII. All monies shall be issued out of the Treasury of this State, and disposed of by warrants, under the hand of the Governor for the time being, with the advice and consent of the Senate, for the necessary defence and support of the Government, and the protection and preservation of the inhabitants thereof; agreeably34 to the acts and resolves of the General Court. [A RT.] XXXIV. The free exercise and enjoyment of Religious profession and worship shall forever be allowed to every denomination of protestants within this State. [A RT.] XXXV. The following oath shall be taken by every person appointed to any office in this State, before his entering on the execution of his office, viz. I A. B. do swear (or affirm as the case may be) that I will bear faith and true allegiance to the State of Massachusetts-Bay 35 , and that I will faithfully execute the business of the office of –––––– agreeably 36 to the laws of this State, according to my best skill and judgment, without fear, favour, affection or partiality.

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[A RT.] XXXVI. And whereas it may not be practicable to conform to this Constitution in the election of Governor, LieutenantGovernor, Senators and Representatives for the first year: Therefore the present Convention, if in being, or the next General Assembly, that37 shall be chosen upon the present Constitution, shall determine the time and manner in which the people shall choose said officers for the first year, and upon said choice, the General-Assembly, then in being, shall be dissolved, and give place to the free execution of this Constitution. By Order of the Convention, Jer[emiah]. Powell, President. Attest. Samuel Freeman, Clerk.38

State of Massachusetts-Bay. In the House of Representatives, March 4, 1778.

WHEREAS in consequence of a resolve of the General Court of this State, passed May 5, 1777, the present House of Representatives were at their respective elections instructed “in one body with the Council, to form such a Constitution of Government as they should judge best calculated to promote the happiness of this State.” And the Council and House of Representatives having accordingly in Convention assembled, agreed to a Form of Government, to be laid before the inhabitants of this State agreeably to said resolve: It is therefore RESOLVED, That a printed copy of said Form of Government, be forthwith transmitted to the Selectmen of each town and the Committee of each plantation; and the said Selectmen and Committees are hereby directed to lay the same before their respective towns or plantations, at

FAILED C ONSTITUTION OF M ASSACHUSETTS (1778) a regular meeting of the male inhabitants thereof, being free and twenty-one years of age, to be called for that purpose, in order to its being duly considered, and approved or disapproved by said towns and plantations. And the said Selectmen and Committees are hereby further directed to make a return of the doings of their respective towns and plantations into the Secretary’s office of this State, by the fifteenth day of June next, specifying in such return the number present in such meeting voting for, and the number voting against said form of Government, and where the inhabitants of any town or plantation voting in such meeting are unanimous, the Selectmen or Committee are directed in their return to specify the numbers so voting, and whether for or against said form of Government, as it is necessary that the whole number voting for, and the whole number voting against said form of Government, throughout this39 State, be known. And it is hereby recommended to the several towns and plantations within this State, to instruct their respective Representatives upon this subject, that so the General Court may be properly impowered to establish this form of Government, if upon a fair examination of the returns aforesaid by the General Court, or such a Committee as they shall appoint for that purpose, it shall appear that it is approved of, by at least two thirds of those who are free, and twenty-one years of age, belonging to this State, and present in the several meetings. Sent up for concurrence. J. Warren, Speaker. In C OUNCIL , March 4, 1778. R EAD and concurred.40 John Avery, Dep. Secr’y. Consented to by the major part of the Council.

A41 true copy, Attest. John Avery, Dep. Secr’y.

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Verified by A Constitution and Form of Government for the State of Massachusetts-Bay. Agreed upon by the Convention of said State, February 28, 1778, to be laid before the several Towns and Plantations in said State, for their Approbation or Disapprobation, Boston: Printed by J. Gill, Printer to the General Assembly, M.DCC.LXXVIII [1778], 23 p., and checked against the manuscript of the version that was finally passed, preserved in the Massachusetts State Archives at Boston (Series SC1/45X, Massachusetts Archives Collection, 1603–1799, v. 156, pp. 236–263, 266–267). As this version, which reshaped the whole document, may contain minor deviancies in spelling etc. from a hypothetical engrossed version, of the existence of which nothing is known, spelling, capitalization, and punctuation follow the Gill print. Also checked against A Constitution and Form of Government for the State of MassachusettsBay. Agreed upon by the Convention of said State, February 28, 1778, to be laid before the several Towns and Plantations in said State, for their Approbation or Disapprobation, Danvers: Re-printed and Sold by E. Russell, M,DCC,LXXVIII [1778], 16 p., and against the versions as published in Independent Chronicle, and the Universal Advertiser, 19 March, 1778, 1, 2, and 4, and in Journal of the Convention for Framing a Constitution of Government for the State of Massachusetts Bay, From the Commencement of Their First Session, September 1, 1779, To the Close of Their Last Session, June 16, 1780. Including a List of the Members. Published by Order of the Legislature, Boston: Dutton and Wentworth, Printers to the State, 1832, 255–264. The Constitution, agreed to by the Convention on February 28, and consented to by the Council on March 4, 1778, was the first to be submitted to the people. Respective town meetings were held throughout the State from March 11 through June 15, reporting their results to the Secretary (cf. The Popular Sources of Political Authority. Documents on the Massachusetts Constitutions of 1780, ed. by Oscar and Mary Handlin, Cambridge, MA: The Belknap Press of Harvard University Press, 1966, 202–365). The result was shattering. “Although 129 towns gave no returns at all, there were still 9,972 nays counted against only 2,083 yeas” (Ronald M. Peters, Jr., The Massachusetts Constitution of 1780. A Social Compact, Amherst, MA: The University of Massachusetts Press, 1978, 19; cf. Louis Adams Frothingham, A Brief History of the Constitution and Government of Massachusetts. With a Chapter on Legislative Procedure, Cambridge, MA: Harvard University, 1916, 21–22). A new constitution was drafted and adopted in 1780 (q.v.). 2 In final manuscript version, 238, “vest”.

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M ASSACHUSETTS 3 In Convention Journal, 256, “reasonablebe time, to fixed upon”. 4 In Convention Journal, 256, word missing. 5 Ibid., “aforesaid”. 6 Own addition throughout the text – Horst Dippel. 7 In Independent Chronicle, 1, “thereof; and every such inhabitant” missing. 8 In Convention Journal, 258, “number”. 9 In Russell print, 6, “until”. 10 In Independent Chronicle, 1, word missing. 11 Ibid., 1, word missing. 12 In Convention Journal, 258, “of”. 13 In Russell print, 8, and in Convention Journal, 259, “of the”. 14 In Independent Chronicle, 1, “foregoing appointment”; in Convention Journal, 259, “foregoing apportionment”. 15 In Convention Journal, 259, “of”. 16 In Independent Chronicle, 4, word missing. 17 In Russell print, 9, “until”. 18 In Convention Journal, 260, “copy”. 19 In final manuscript version, 255, “be”. 20 In Convention Journal, 260, “qualification”. 21 Ibid., 261, “proceedings”. 22 Ibid., “to”. 23 Ibid., word missing.

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In final manuscript version, 244, in Gill print, 16, and in Russell print, 11, “it’s”. 25 In Gill print, 16, in Russell print, 12, and in Independent Chronicle, 4, “this”. 26 In Convention Journal, 262, “be”. 27 Ibid., word missing. 28 Ibid., “the”. 29 Ibid., “mal-conduct”. 30 Ibid., 263, “the”. 31 Ibid., “offices”. 32 In Independent Chronicle, 4, “thereto”. 33 In Convention Journal, 264, “which”. 34 In final manuscript version, 251, “agreable”. 35 In Convention Journal, 264, “Massachusetts”. 36 In final manuscript version, 262, “agreable”. 37 In Convention Journal, 264, “which”. 38 In Independent Chronicle, the subsequent resolution, detached from the text of the Constitution proper, appeared on p. 2, though with the remark “Our Readers will take Note that the above Resolve should have been inserted directly after the Form of Government.” In Convention Journal, 264, rest missing. 39 In final manuscript version, 267, “the”. 40 Ibid., “In Council read & concurred”. 41 In Independent Chronicle, 4, word missing.

Constitution of Massachusetts (1780) A Constitution or Form of Government for the Commonwealth of Massachusetts1

PREAMBLE The end of the institution, maintenance and administration of government, is to secure the existence of the body-politic; to protect it; and to furnish the individuals who compose it, with the power of enjoying, in safety and tranquility, 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 by certain Laws for the Common good. It is the duty of the people, therefore, in framing a Constitution of Government, to provide for an equitable mode of making laws, as well as for an impartial interpretation, and a faithful execution of them; that every man may, at all times, find his security in them. [ – ] W E therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the Great Legislator of the Universe, in affording us, in the course of his Providence, an opportunity, deliberately and peaceably, without fraud, violence or surprize, 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 im-

ploring His direction in so interesting a Design, DO agree upon, ordain and establish, the following Declaration of Rights, and Frame of Government, as the C ONSTITU TION of the C OMMONWEALTH of M ASSA CHUSETTS .

PART THE FIRST A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts A RT. I. All men are born 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 acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness. A RT. II. It is the right as well as the Duty of all men in society, publickly, 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 worshiping God in the manner and season most agreeable to the Dictates of his own conscience, or for his religious profession or sentiments; provided he doth not Disturb the public peace, or obstruct others in their religious Worship. A RT. III. As the happiness of a people, and the good order and preservation of civil

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M ASSACHUSETTS government, essentially depend upon piety, religion and morality; and as these cannot be generally diffused through a Community, but by the institution of the public Worship of God, and of public instructions in piety, religion and morality: Therefore, to promote their happiness and to secure the good order and preservation of their government, the people of this Commonwealth have a right to invest their legislature 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 Expence, for the institution of the Public worship of God, and for the support and maintenance of public protestant teachers of piety, religion and morality, in all cases where such provision shall not be made Voluntarily. – And the people of this Commonwealth have also a right to, and do, invest their legislature with authority to enjoin upon all the Subjects an attendance upon the instructions of the public teachers aforesaid, at stated times and seasons, if there be any on whose instructions they can Conscienciously 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. – And all monies, paid by the Subject to the Support of public worship, and 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 religious sect or denomination, provided there be any on whose instructions he attends; otherwise it may be paid towards the support of the teacher or teachers of the parish or precinct in which the said monies are raised. – And every denomination of christians, demeaning them-

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selves peaceably, and as good subjects of the Commonwealth, shall be equally under the protection of the Law: And no subordination of any one sect or denomination to another shall ever be established by law. A RT. IV. The people of this Commonwealth have the sole and exclusive right of governing themselves, as a free, sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter, be by them expressly delegated to the United States of America in Congress assembled. A RT. V. All power residing originally in the people, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them. A RT. VI. No man, nor 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 services, rendered to the public; and this title being in nature neither hereditary, nor transmissable to children, or descendents, or relations by blood, the idea of a man born a magistrate, lawgiver, or judge, is absurd and unnatural. A RT. VII. Government is instituted for the Common good; for the protection, safety, prosperity and happiness of the people; and not for the profit, honor, or private interest of any one man, family or Class of men: Therefore the people alone have an incontestible, unalienable, and indefeasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity and happiness require it.

C ONSTITUTION OF M ASSACHUSETTS (1780) A RT. VIII. In order to prevent those, who are vested with authority, from becoming oppressors, the people have a right, at such periods and in such manner as they shall establish by their 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. A RT. IX. All elections ought to be free; and all the inhabitants of this Commonwealth, having such qualifications as they shall establish by their frame of government, have an equal right to elect officers, and to be elected, for public employments. A RT. X. Each individual of the society has a right to be protected by it in the enjoyment of his life, Liberty and property, according to standing Laws. He is obliged, Consequently, to contribute his share to the expence of this protection; to give his personal service, or an equivalent, when necessary: But no part of the property of any individual, can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. In fine, the people of this Commonwealth are not controulable by any other Laws than those to which their Constitutional representative body have given their consent. And whenever the public exigencies require, that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor. A RT. XI. Every subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely, and without being obliged to purchase it; compleatly, and without any denial; promptly, and without delay; conformably to the laws.

A RT. XII. No subject shall be held to answer for any Crimes2 or offence, until the same is fully and plainly, substantially and formally, described to him; or be Compelled to accuse, or furnish evidence against himself. And every subject shall have a right to produce all proofs, that may be favourable to him; to meet the witnesses against him face to face, and to be fully heard in his defence by himself, or his council, at his election. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land. And the legislature shall not make any law, that shall subject any person to a capital or infamous punishment, excepting for the government of the army and navy, without trial by jury. A RT. XIII. 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. A RT. XIV. Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to a civil Officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special 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 the laws. A RT. XV. In all controversies concerning property, and in all suits between two or more persons, except in cases in which

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M ASSACHUSETTS it has heretofore been otherways used and practiced, the parties have a right to a trial by3 jury; and this method of procedure shall be held sacred, unless, in causes arising on the high-seas, and such as relate to mariners wages4 , the legislature shall hereafter find it necessary to alter it. A RT. XVI. The Liberty of the press is essential to the security of freedom in a state: it ought not, therefore, to be restrained in this Commonwealth. A RT. XVII. The people have a right to keep and to bear arms for the common 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 an exact subordination to the Civil authority, and be governed by it. A RT. XVIII. A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry, and frugality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. The people ought, consequently, to have a particular attention to all those principles, in the choice of their Officers and representatives: and they have a right to require of their law givers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the Commonwealth. A RT. XIX. The people have a right, in an orderly and peaceable manner, to assemble to consult upon the common good: give instructions to their representatives, and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer.

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A RT. XX. The power of suspending the Laws, or the execution of the laws, ought never to be exercised but by the legislature, or by authority derived from it, to be exercised in such particular cases only as the legislature shall expressly provide for. A RT. XXI. The freedom of deliberation, speech and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever. A RT. XXII. 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. A RT. XXIII. No subsidy, charge, tax, impost, or duties, ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives in the legislature. A RT. XXIV. Laws made to punish for actions done before the existence of such laws, and which have not been declared crimes by preceeding laws, are unjust, oppressive, and inconsistent with the fundamental principles of a free government. A RT. XXV. No subject ought, in any case, or in any time, to be declared guilty of treason or felony by the legislature. A RT. XXVI. No magistrate or court of law, shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments. A RT. XXVII. In time of peace, no soldier ought to be quartered in any house without the consent of the owner; and in time of War, such Quarters ought not to be made but by the civil magistrate, in a manner ordained by the legislature.

C ONSTITUTION OF M ASSACHUSETTS (1780) A RT. XXVIII. 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 authority of the legislature. A RT. XXIX. It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every Citizen to be tried by judges as free, impartial and independent as the lot of humanity will admit. It is, therefore, not only the best policy, but for the security of the rights of the people, and of every citizen, that the judges of the supreme judicial Court should hold their offices as long as they behave themselves well; and that they should have honorable salaries ascertained and established by standing laws. A RT. XXX. In the government of this Commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: The executive shall never exercise the legislative and judicial powers, or either of them: The judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.

PART THE SECOND The 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 T HE C OMMONWEALTH OF M ASSACHUSETTS.

Chapter I The Legislative Power

Section I The General Court A RT. I. 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 Wednesday in May, and at such other times as they shall judge necessary; and shall dissolve and be dissolved on the day next preceeding the said last Wednesday in May; and shall be stiled, T HE G ENERAL C OURT OF M ASSACHUSETTS. A RT. II. 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 which soever the same shall have originated: 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 reconsidered, and if approved by two thirds of the members present, shall5 have the force of a6 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 said bill or resolve, shall be entered upon the public records of the Commonwealth.

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M ASSACHUSETTS And in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the Governor within five days after it shall have been presented, the same shall have the force of a law. A RT. III. The General Court shall forever have full power and authority to erect and constitute judicatories and courts of record, or other Courts, to be held in the name of the Commonwealth, for the hearing, trying, and determining of all manner of Crimes, offences, pleas, processes, plaints, actions, matters, causes and things, whatsoever, arising or happening within the Commonwealth, or between or 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, and whether the said pleas be real, personal, or mixt; 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 administer Oaths or Affirmations, for the better discovery of truth in any matter in Controversy or depending before them. A RT. IV. And further, full power and authority are hereby given and granted to the said General Court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable Orders, laws, statutes, and ordinances, directions and instructions, either with penalties or without; so as the same be not repugnant or contrary to this Constitution, as they shall judge to be for the good and welfare of this Commonwealth, and for the government and ordering thereof, and of the subjects 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 are not

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hereafter in this Form of Government7 otherwise provided for: and to set forth the several duties, powers and limits, of the several Civil and military officers of this Commonwealth, and the forms of such oaths or affirmations as shall be respectively administered unto them for the execution of their several Offices and places, so as the same be not repugnant or contrary to this Constitution; and to impose and levy proportional and reasonable assessments, 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, merchandize, 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 subjects 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 practiced, in order that such assessments may be made with equality, there shall be a valuation of estates within the Commonwealth taken anew once in every ten years at8 least, and as much oftener as the General Court shall order.

Chapter I Section II Senate A RT. I. There shall be annually elected, by the freeholders and other inhabitants of this Commonwealth, qualified as in this

C ONSTITUTION OF M ASSACHUSETTS (1780) Constitution is provided, forty persons to be Counsellors and Senators for the year ensuing their election; to be chosen by the Inhabitants of the districts, into which the Commonwealth may from time to time be divided by the General Court for that purpose: And the General Court in assigning the numbers to be elected by the respective districts, shall govern themselves 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 number of Counsellors and Senators to be chosen therein; provided that the number of such districts shall never be9 less than thirteen; and that no district be so large as to intitle the same to choose more than six Senators. And the several counties in this Commonwealth shall, until the General Court shall determine it necessary to alter the said districts, be districts for the choice of Counsellors and Senators, (except that the counties of Dukes County and Nantucket shall form one district for that purpose) and shall elect the following number for Counsellors and Senators, vizt. Suffolk Essex Middlesex Hampshire Plymouth Barnstable Bristol York Dukes County and Nantucket Worcester Cumberland Lincoln Berkshire

Six Six Five Four Three One Three Two  One Five One One Two

A RT. II. The Senate shall be the first branch of the legislature; and the Senators shall be chosen in the following manner,

vizt . There shall be a meeting on the first Monday in April, annually, forever, of the inhabitants of each town in the several counties of this 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 inhabitant 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 inhabitant. And to remove all doubts concerning the meaning of 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 impartially; 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-meeting, of the name of every person voted for, and of the number of votes against his name: and a fair copy of this record shall be attested by the Selectmen and the Town-Clerk, and shall be sealed up, directed to the Secretary of the Commonwealth for the time being, with a superscription, expressing the purport of the Contents thereof, and delivered by the Town Clerk of such Towns, 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

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M ASSACHUSETTS in May: – And the Sheriff of each County shall deliver all such Certificates by him received, into the Secretary’s Office, seventeen Days before the said last Wednesday in May. And the inhabitants of plantations unincorporated, qualified as this Constitution provides, who are or shall be empowered and required to assess taxes upon themselves toward the support of Government, shall have the same privilege of voting for Counsellors and Senators in the plantations where they reside, as town inhabitants have in their respective towns; and the plantation meetings for that purpose shall be held annually on the same first Monday in April, at such place in the plantations respectively, as the assessors thereof shall direct; which Assessors shall have like authority for notifying the electors, collecting and returning the votes, as the Selectmen and Town Clerks have in their several towns, by this Constitution. And all other persons living in places unincorporated (qualified as aforesaid) who shall be assessed to the support of government by the assessors of an adjacent town, shall have the privilege 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 purpose accordingly. A RT. III. And that there may be a due convention of Senators on the last Wednesday in May annually, the Governor with 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 a majority of voters, to attend on that day, and take their seats accordingly: provided nevertheless, that for the first year the said returned copies shall be examined by the President and five of the Council of

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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. A RT. IV. 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 Senators returned elected by a majority of votes for any district, the deficiency shall be supplied in the following manner, vizt . The members of the House of Representatives, and such Senators as shall be declared elected, shall take the names of such persons as shall be found to have the highest number of votes in such district, and not elected, amounting to twice the 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 up 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. A RT. V. Provided nevertheless, that no person shall be capable of being elected as a Senator, who is not seized in his own right of a freehold within this Commonwealth, of the value of three hundred pounds at least, or possessed of personal estate to the value of six hundred pounds at least, or of both to the amount of the same sum, and who has not been an inhabitant of this Commonwealth for the space of five years immediately preceeding his election, and at the time of his election, he shall be an inhabitant in the district for which he shall be chosen.

C ONSTITUTION OF M ASSACHUSETTS (1780) A RT. VI. The Senate shall have power to adjourn themselves, provided such adjournments do not exceed two days at a time. A RT. VII. The Senate shall choose its own President, appoint its own officers, and determine its own rules of proceedings10 . A RT. VIII. The Senate shall be a court with full authority to hear and determine all impeachments made by the House of Representatives, against any officer or officers of the Commonwealth, for misconduct and mal-administration in their offices. But previous to the trial of every impeachment, the members of the Senate shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence. Their judgment, however shall not extend further than to removal from office, and disqualification to hold or enjoy any place of honor, trust, or profit, under this Commonwealth: But the party so convicted, shall be nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land. A RT. IX. Not less than sixteen members of the Senate shall constitute a quorum for doing business.

town, containing three hundred and seventyfive rateable polls, may elect two Representatives: Every corporate town containing six hundred rateable polls, may elect three Representatives; and proceeding in that manner, making two hundred and twenty-five rateable polls, the mean increasing number for every additional Representative. Provided nevertheless, that each town now incorporated, not having one hundred and fifty rateable 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 & fifty rateable 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 returning home, once in every session, and no more, shall be paid by the government, 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.

A RT. I. There shall be in the Legislature of this Commonwealth, a representation of the people, annually elected, and founded upon the principle of equality.

A RT. III. Every member of the House of Representatives shall be chosen by written votes11 ; and for one year at least next preceeding 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 shall be chosen to represent, or any rateable estate to the value of two hundred pounds; and he shall cease to represent the said town immediately on his ceasing to be qualified as aforesaid.

A RT. II. And in order to provide for a representation of the citizens of this Commonwealth, founded upon the principle of equality, every corporate town containing one hundred and fifty rateable polls, may elect one Representative; Every corporate

A RT. IV. Every male person, being twenty one years of age, and resident in any particular town in this Commonwealth for the space of one year next preceeding, having a freehold estate within the same town, of the annual income of three pounds,

Chapter I Section III House of Representatives

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M ASSACHUSETTS or any estate of the value of sixty pounds, shall have a right to vote in the choice of a Representative, or Representatives for the said town. A RT. V. The members of the House of Representatives shall be chosen annually in the month of May, ten days at least before the last Wednesday of that month. A RT. VI. The House of Representatives shall be the Grand Inquest of this Commonwealth; and all impeachments made by them, shall be heard and tried by the Senate. A RT. VII. All money-bills shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills. A RT. VIII. The House of Representatives shall have power to adjourn themselves; provided such adjournment shall not exceed two days at a time. A RT. IX. Not less than sixty members of the House of Representatives, shall constitute a quorum for doing business. A RT. X. The House of Representatives shall be the judge of the returns, elections, and qualifications of its own members, as pointed out in the Constitution; shall chuse their own Speaker; appoint their own officers, and settle the 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 disorderly, or contemptuous behaviour, in its presence; or who, in the town where the General Court is sitting, and during the time of its sitting, 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 attend the House, in his

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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 mean process, during his going unto, returning from, or his attending the General Assembly. A RT. XI. The Senate shall have the same powers in the like cases; and the Governor 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 abovedescribed 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 committees of their own members, or in such other way as they may respectively think best.

Chapter II Executive Power

Section I Governor A RT. I. There shall be a supreme executive Magistrate, who shall be stiled, T HE G OVERNOR OF THE C OMMONWEALTH OF M ASSACHUSETTS; and whose title shall be – H IS E XCELLENCY. A RT. II. 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 preceeding; and unless he shall at the same time, be seized in his own right, of a freehold within the Commonwealth, of

C ONSTITUTION OF M ASSACHUSETTS (1780) the value of one thousand pounds; and unless he shall declare himself to be of the christian religion. A RT. III. Those persons who shall be qualified to vote for Senators and Representatives within the several Towns of this Commonwealth, shall, at a meeting to be called for that purpose, on the first Monday of April annually, 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 number 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 list, attested by him and the Selectmen, and transmit 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 Secretarys 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 the 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 ballot, elect two out of four persons who had the highest number12 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 two persons so elected; on which the Senate shall proceed, by ballot, to elect one,

who shall be declared Governor. A RT. IV. The Governor shall have authority from time to time, at his discretion, to assemble and call together the Counsellors of this Commonwealth 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 the laws of the land. A RT. V. The Governor, with 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 preceeding the last Wednesday in May; and, in the recess of the said Court, to prorogue the same from time to time, not exceeding ninety days in any one recess; and to call it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the Commonwealth shall require the same: And in case of any infectious distemper prevailing in the place where the said Court is next at any time to convene, or any other 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, the most convenient place within the State. And the Governor shall dissolve the said General Court on the day next preceeding the last Wednesday in May. A RT. VI. 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 determine the public good shall require.

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M ASSACHUSETTS A RT. VII. The Governor of this Commonwealth for the time being, shall be the 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 officer13 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 conduct 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, enterprizes, and means whatsoever, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprize 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, in 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 surprize by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition and other goods, as shall, in a hostile manner, invade, or attempt the invading, conquering, or annoying this Commonwealth; and that the Governor be intrusted with all these and other powers, incident to the offices of CaptainGeneral 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 Com-

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monwealth, 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 otherwise conveniently have access. A RT. VIII. The power of pardoning offences, 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 conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. A RT. IX. All judicial officers, the Attorney-General, the Solicitor-General, all Sheriffs, Coroners, and Registers of probate, shall be nominated and appointed 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. A RT. X. The Captains and Subalterns of the militia, shall be elected by the written votes of the train band and alarm list of their respective companies, of twenty-one years of age and upwards: The Field Officers of regiments shall be elected by the written votes of the Captains and Subalterns 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

C ONSTITUTION OF M ASSACHUSETTS (1780) 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 Representatives, each having a negative upon the other; and be commissioned by the Governor. And if the electors of Brigadiers, Field Officers, Captains or Subalterns, shall neglect or refuse to make such elections, after being duly notified, according to the laws for 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 from his office, but by the address of both Houses to the Governor, or by fair trial in court-martial pursuant to the laws of the Commonwealth 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 AdjutantGeneral. 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 same shall be altered in pursuance of some future law. A RT. XI. No monies shall be issued out of the treasury of this Commonwealth, and disposed of (except such sums as may be appropriated for the redemption of bills of Credit or Treasurers notes, or for the payment of interest arising thereon) but by war-

rant under the hand of the Governor for the time being, with 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 acts & resolves of the General Court. A RT. XII. 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 appendages, and small arms with their accoutrements, and of all other public property whatever under their care respectively; distinguishing the quantity, number, quality and kind of each, as particularly as may be; together with the condition of such forts and garrisons: And the said commanding officer shall exhibit to the Governor, when required by him, true and exact plans of such forts, and of the land and sea or 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 letters, dispatches, and intelligencies of a public nature, which shall be directed to them respectively. A RT. XIII. As the public good requires that the Governor should not be under the undue influence of any of the members of the General Court by a dependence on them for his support, that he should in all cases, act with freedom for the benefit of the public, that he should not have his attention necessarily diverted from that object to his private concerns – and that he should maintain the dignity of the Commonwealth in the

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M ASSACHUSETTS character of its chief magistrate, it is necessary that he should have an honorable stated salary, of a fixed and permanent value, amply sufficient for those purposes, and established14 by standing laws: And it shall be among the first acts of the General Court, after the Commencement of this Constitution, to establish such salary by law accordingly. Permanent and honorable salaries shall also be established by law for the Justices of the supreme judicial court. And if it shall be found that any of the salaries aforesaid, so established, are insufficient, they shall, from time to time be enlarged as the General Court shall judge proper.

Chapter II Section II Lieutenant Governor A RT. I. There shall be annually elected a Lieutenant Governor of the Commonwealth of Massachusetts, whose title shall be – H IS H ONOR – 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 officer, and the declaration of his election, shall be in the same manner: And if no one person shall be found to have a majority of all the votes returned, the vacancy shall be filled by the Senate 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. A RT. II. The Governor, and in his absence the Lieutenant Governor, shall be President of the Council, but shall have no vote in Council: And the Lieutenant Governor shall always be a member of the Council

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except when the chair of the Governor shall be vacant. A RT. III. Whenever the chair of the Governor shall be vacant, by reason of his Death, or absence from the Commonwealth, or otherwise, the Lieutenant Governor, for the time being, shall, during such vacancy, perform all the duties incumbent upon the Governor, and shall have and exercise all the powers and authorities, which by this Constitution the Governor is vested with, when personally present.

Chapter II Section III Council, and the Manner of settling Elections by the Legislature A RT. I. There shall be a Council for advising the Governor in the executive part of government, to consist of nine persons besides the Lieutenant-Governor, whom the Governor, for the time being, shall have full power and authority, from time to time, at his 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, according to the laws of the Land. A RT. II. Nine Counsellors shall be annually chosen from among the persons returned for 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 Council, 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 of the persons thus

C ONSTITUTION OF M ASSACHUSETTS (1780) elected from the Senate, and accepting the trust, shall be vacated in the Senate. A RT. III. The Counsellors, in the civil arrangements of the Commonwealth, shall have rank next after the Lieutenant Governor. A RT. IV. Not more than two Counsellors shall be chosen out of any one district of this Commonwealth. A RT. V. The resolutions and advice of the Council shall be recorded in a register, and signed by the members present; and this record may be called for at any time by either House of the Legislature; and any member of the Council may insert his opinion, contrary to the resolution of the majority. A RT. VI. Whenever the office of the 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 execute, all and every such acts, matters and things, as the Governor or the Lieutenant Governor might or could, by virtue of this Constitution, do or execute, if they, or either of them, were personally present. A RT. VII. And whereas the elections appointed to be made by this Constitution, on the last Wednesday in May annually, by the two Houses of the Legislature, may not be compleated on that day, the said elections may be adjourned from day to day until the same shall be compleated. And the order of elections shall be as follows: The vacancies in the Senate, if any, shall first be filled up; the Governor and Lieutenant Governor shall then be elected, provided there should be no choice of them by the people: And afterwards the two Houses shall proceed to the election of the Council.

Chapter II Section IV Secretary, Treasurer, Commissary &c. A RT. I. The Secretary, Treasurer and Receiver General, and the Commissary General, Notaries Public, and Naval Officers, shall be chosen annually, by joint ballot of the Senators and Representatives in one room. And that the citizens of this Commonwealth may be assured, from time to time, that the monies remaining in the public 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. A RT. II. The records of the Commonwealth shall be kept in the office of the Secretary, who may appoint his Deputies, for whose conduct he shall be accountable, and he shall attend the Governor and Council, the Senate and House of Representatives, in person, or by his Deputies, as they shall respectively require.

Chapter III Judiciary Power A RT. I. 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 behavior, excepting such concerning whom there is different provision made in this Constitution: Provided nevertheless, the Governor, with consent of the Council, may remove them upon the address of both Houses of the Legislature. A RT. II. Each branch of the Legislature, as well as the Governor and Council, shall have authority to require the opinions of the Justices of the supreme judicial court,

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M ASSACHUSETTS upon important questions of law, and upon solemn occasions. A RT. III. In order that the people may not suffer 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 of Justices of the Peace shall expire and become void, in the term of seven years from their respective dates; and upon the expiration of any commission, the same may, if necessary, be renewed, or another Person appointed, as shall most conduce to the well-being of the Commonwealth. of15

A RT. IV. The Judges probate of Wills, and for granting letters of administration, shall hold their courts at such place or places, on fixed days, as the convenience of the people shall require. 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. A RT. V. All causes of marriage, divorce, and alimony, and all appeals from the Judges of probate shall be heard and determined by the Governor and Council, until the Legislature shall, by law, make other provision.

Chapter IV Delegates to Congress The Delegates of this Commonwealth to the Congress of the United States, shall, sometime in the month of June annually, be elected by the joint ballot of the Senate and House of Representatives, assembled together in one room; to serve in Congress for one year, to commence on the first Monday in November then next ensuing. They shall have commissions under the hand of

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the Governor, and the great Seal of the Commonwealth; but may be recalled at any time within the year, and others chosen and Commissioned, in the same manner, in their stead.

Chapter V The University at Cambridge, and Encouragement of Literature &c.

Section I The University A RT. I. 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 G OD, been initiated in 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 literature, tends to the honor of G OD, the advantage of the christian religion, and the great benefit of this and the other United States of America – It is declared, That the P RESI DENT AND FELLOWS OF H ARVARD C OL LEGE, in their corporate capacity, and their successors in that capacity, their officers and servants, shall have, hold, use, exercise and enjoy, all the powers, authorities, rights, liberties, privileges, immunities and franchises, which they now have, or are intitled to have, hold, use, exercise and enjoy: And the same are hereby ratified and confirmed unto them, the said President and Fellows of Harvard College, and to their successors, and to their officers and servants, respectively, forever. A RT. II. And whereas there have been at sundry times, by divers persons, gifts, grants, devises of houses, lands, tenements, goods, chattels, legacies and conveyances,

C ONSTITUTION OF M ASSACHUSETTS (1780) 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 charters successively: It is Declared, That all the said gifts, grants, devises, legacies and conveyances, are hereby forever confirmed unto the President and Fellows of Harvard-College, and to their successors in the capacity aforesaid, according to the true intent and meaning of the donor or donors, grantor or grantors, devisor or devisors. A RT. III. And whereas, by an act of the General Court of the Colony of Massachusetts Bay, passed in the year one thousand six hundred & forty-two,16 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 Dorchester, mentioned in the said act, shall be, and hereby are, vested with all the powers and authority belonging, or in any way appertaining to the Overseers of HarvardCollege; 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, in as full a manner as might have been

done by the Legislature of the late Province of the Massachusetts Bay.

Chapter V Section II The Encouragement of Literature &c. Wisdom, and knowledge, as well as virtue, diffused generally among 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 different orders of the people, it shall be the duty of Legislatures17 and Magistrates, in all future periods of this Commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them; especially the university at Cambridge, public schools and grammar schools in the towns; to encourage private societies and public institutions, 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 frugality, honesty and punctuality in their dealings; sincerity, good humour, and all social affections, and generous sentiments among the people.

Chapter VI Oaths and Subscriptions; Incompatibility of and Exclusion from Offices; Pecuniary Qualifications; Commissions; Writs; Confirmation of Laws; Habeas Corpus; The Enacting Stile; Continuance of Officers; Provision for a future Revisal of the Constitution, &c. A RT. I. Any person chosen Governor, Lieutenant Governor, Counsellor, Senator,

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M ASSACHUSETTS or Representative, and accepting the trust, shall before he proceed to execute the duties of his place or Office, make and subscribe the following declaration, vizt . – 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 forever 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 enters on the discharge of the business of his place or office, take and subscribe the following declaration, and oaths or affirmations, vizt . – “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 Commonwealth, and that I will defend the same against traiterous conspiracies and all hostile attemps 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 jurisdiction, superiority, pre-eminence, authority, dispensing or other power, in any matter, civil ecclesiasti-

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cal or spiritual, within this Commonwealth; except the authority and power 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 obligation of this Oath, declaration or affirmation; and that I do make this acknowledgement, profession, testimony, declaration, denial, renunciation and abjuration, heartily and truly, according to the common meaning and acceptation of the foregoing words, without any equivocation, mental evasion, or secret reservation whatsoever. – So help you G OD.” “I, A.B. do solemnly swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as ––––––: according to the best of my abilities and understanding, agreeably, to the rules and regulations of the Constitution, and the laws of this Commonwealth. – So help me G OD.” Provided always, that when any person chosen or appointed as aforesaid, shall be of the denomination of the people called Quakers, and shall decline taking the said oaths, he shall make his affirmation in the foregoing form and subscribe the same, omitting the words “I do swear,” “and abjure,” “oath or,” “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 G OD;” subjoining instead thereof, “This I do under the pains and penalties of perjury.” And 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 two 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 forever afterwards before the Governor and Council for the

C ONSTITUTION OF M ASSACHUSETTS (1780) time being: And by the residue of the officers aforesaid, before such persons and in such manner as from time to time shall be prescribed by the Legislature. A RT. II. No Governor, Lieutenant Governor, or Judge of the supreme judicial court, shall hold any other office or place, under the authority of this Commonwealth, 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 through the State; nor shall they hold any other place or office, or receive any pension or salary from any other State or Government or Power whatever. No person shall be capable of holding or exercising at the same time, within this State more than one of the following offices,18 vizt . – 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 Governor, or the Governor and Council, or the Senate, or the House of Representatives, or by the election of the people of the State at large, or of the people of any county, military offices and the offices of Justices of the peace excepted, shall be held by one person. No person holding the office of Judge of the Supreme Judicial Court – Secretary – Attorney-General – Sollicitor General – Treasurer or Receiver General – Judge of Probate – Commissary General – President, Professor, or Instructor of Harvard College – Sheriff – Clerk of the House of Representatives – Register 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 place so vacated shall be filled up. And the same rule shall take place in case any Judge of the said Supreme 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 Commonwealth, who shall, in the due course of Law, have been convicted of bribery or corruption in obtaining an election or appointment. A RT. III. In all cases where sums of money are mentioned in this Constitution, the value thereof shall be computed in silver at six shillings and eight pence per ounce: 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 to offices, as the circumstances of the Commonwealth shall require. A RT. IV. All commissions shall be in the name of the Commonwealth of Massachusetts, signed by the Governor and attested by the Secretary or his Deputy, and have the great Seal of the Commonwealth affixed thereto. A RT. V. All writs issuing out of the Clerks 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 returnable, who is not a party, and be signed by the clerk of such court. A RT. VI. All the laws which have heretofore been adopted, used and approved in the Province, Colony or State of Massachusetts Bay, and usually practiced on in the courts of law, shall still remain and be in full force,

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M ASSACHUSETTS until altered or repealed by the Legislature; such parts only excepted as are repugnant to the rights and liberties contained in this Constitution. A RT. VII. The privilege and benefit of the writ of habeas-corpus shall be enjoyed in this Commonwealth in the most free, easy, cheap, expeditious and ample manner; and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a limited time not exceeding twelve months. A RT. VIII. The enacting stile, in making and passing all acts, statutes and laws, shall be – “Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same.” A RT. IX. 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 officers, civil and military, holding commissions under the Government and people of Massachusetts Bay in New England, and all other officers of the said government and people, at the time this Constitution shall take effect, shall have, hold, use, exercise and enjoy, all the powers and authority to them granted or committed, until other persons shall be appointed in their stead: And all courts of law shall proceed in the execution of the business of their respective departments; and all the executive and legislative officers, bodies and powers shall continue in full force, in the enjoyment and exercise of all their trusts, employments and authority; until the General Court and the supreme and executive officers under this Constitution are designated and invested with their respective trusts powers and authority. A RT. X. In order the more effectually to adhere to the principles of the Constitution, and to correct those violations which by any means may be made therein, as well as

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to form such alterations as from experience shall be found necessary – The General Court which shall be in the year of our Lord one Thousand seven hundred & ninety-five, shall issue precepts 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 expediency of revising the Constitution, 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 amendment, the General Court shall issue precepts, or direct them to be issued from the Secretarys 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. A RT. XI. This Form of Government shall be enrolled on parchment and deposited in the Secretary’s office, and be a part of the laws of the land – and printed copies thereof shall be prefixed to the book containing the laws of this Commonwealth, in all future editions of the said laws.19 JAMES BOWDOIN, President of the Convention20 Attest, SAMUEL BARRETT, Secretary21

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Verified by A Constitution or Frame of Government, Agreed upon by the Delegates of the People of the State of Massachusetts-Bay, in Convention, Begun and held at Cambridge on the Fifth of September, 1779, and Continued by Adjournments to the Second of March, 1780. Revised and Corrected, Boston:

C ONSTITUTION OF M ASSACHUSETTS (1780) Printed by Benjamin Edes & Sons, M,DCC,LXXX [1780], 43 p. [quoted as Edes print A], and corrected according to the enrolled manuscript, preserved in the Massachusetts State Archives at Boston, MA. Also checked against A Constitution or Frame of Government, Agreed upon by the Delegates of the People of the State of Massachusetts-Bay, in Convention, Begun and held at Cambridge on the Fifth of September, 1779, and Continued by Adjournments to the Second of March, 1780. To be submitted to the Revision of their Constituents, in Order to the compleating of the same, in Conformity to their Amendments, at a Session to be held for that Purpose, on the First Wednesday in June next ensuing, Boston: Printed by Benjamin Edes & Sons, M,DCC,LXXX [1780], 53 p. [quoted as Edes print B], The Constitution of the State of Massachusetts, and that of the United States; the Declaration of Independence, with President Washington’s Farewell Address. Printed by Order of the General Court of the Commonwealth of Massachusetts, And by them recommended to the Inhabitants of the several Towns, to be read as a School-Book in all the common Schools, Boston: Printed for the State, by Manning & Loring, 1805, 3–54, the version as published in Journal of the Convention for Framing a Constitution of Government for the State of Massachusetts-Bay, From the Commencement of Their First Session, September 1, 1779, To the Close of Their Last Session, June 16, 1780. Including a List of the Members. Published by Order of the Legislature, Boston: Dutton and Wentworth, Printers to the State, 1832, 222–249, and The Constitution of the Commonwealth of Massachusetts, published by William Francis Galvin, Secretary of the Commonwealth, s.l., s.n., December 2002, 3–34. Spelling, capitalization, punctuation and paragraphing follow the enrolled manuscript, and my reading of it may differ at times from that in the 2002 print. The Constitution was adopted by the convention on March 2, 1780, and submitted to the people. The convention reconvened in June. On June 16, 1780, the President of the convention declared: “Upon due Examination of the Returns made by the several Towns and Plantations, within this State, it appears that more than Two Thirds of the Inhabitants thereof, who have voted on the same, have expressed their approbation of the Form of Government agreed upon by this Convention, and laid before them for their Consideration, in conformity to a Resolve of the said Convention, of the second day of March last. This Convention do, hereupon, declare the said Form to be the Constitution of Government established by and for the Inhabitants of the State of Massachusetts Bay” (Convention Journal, 186). For the returns of the towns, cf. The Popular Sources of Political Authority. Documents on the Massachusetts Constitutions of 1780, ed. by Oscar and Mary Handlin, Cambridge, MA: The Belknap Press of Harvard University Press, 1966, 475– 930. On the evaluation of the returns, cf. Samuel Eliot

Morison, The Formation of the Massachusetts Constitution. An address on the occasion of the 175th Anniversary of the Constitution October 25th, 1955, reprinted from Massachusetts Law Quarterly, 40, 4 (December 1955), esp. 16–17, and Ronald M. Peters, Jr., The Massachusetts Constitution of 1780. A Social Compact, Amherst, MA: The University of Massachusetts Press, 1978, 21–23. The Constitution, one of the most influential of the early state constitutions (cf. S. B. Benjamin, “The Significance of the Massachusetts Constitution of 1780,” in: Temple Law Review, 70 [1997], 883–905), is still in force, making it the oldest one to be so in the entire world. In 1853, an effort to replace it failed (q.v.). As of the end of 2006 the Constitution has 120 amendments, the first twenty-five of which were added between 1821 and 1860 (q.v.). 2 In Edes print A, 10, in Edes print B, 11, and in Convention Journal, 225, “crime”. 3 In Edes print A, 11, and in Edes print B, 12, “by a”. 4 In Edes print A, 11, “wagers”. 5 Ibid., 14, and in Edes print B, 16, “it shall”. 6 In 1805 print, 16, word missing. 7 Ibid., 18, “Government, or”. 8 In Edes print A, 16, and in Edes print B, 18, “at the”. 9 In Edes print A, 17, and in Edes print B, 19, “shall be never”. 10 In Convention Journal, 232, “proceeding”. 11 In 2002 print, 16, “vote”. 12 In Edes print A, 25, and in Edes print B, 28, “numbers”. 13 In 2002 print, 16, “office”. 14 Ibid., 23, “establishing”. 15 Ibid., 27, “or”. 16 Cf. The Laws and Liberties of Massachusetts. Reprinted from the Copy of the 1648 Edition in The Henry E. Huntington Library, With an Introduction by Max Farrand, Cambridge, MA: Harvard University Press, 1929, 12 (“Colledge”). 17 In Edes print B, 43, and in Convention Journal, 245, “legislators”. 18 In Edes print A, 40, and in Edes print B, 47, “more than one of the following offices within this State,”. 19 In the enrolled manuscript, and in the 1805 print, 54, added, “The foregoing is the Constitution or Form of Government for the Commonwealth of Massachusetts, as agreed upon by the Delegates of the People of the said Commonwealth, submitted to the Revision of their Constituents, and by them approved, as appeared by the Returns from the several Towns & Plantations received & examined in Convention, previous to its Dissolution on the sixteenth Day of June A.D. one thousand seven hundred & eighty.” In 2002 print, 34, rest missing.

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M ASSACHUSETTS 20 In Edes print A, 43, in Edes print B, 51, and in Convention Journal, 249, last three words missing. 21 In the enrolled manuscript, added, “This Roll consists of nine Sheets of Parchment numbered from A to I inclusive; The Number of Lines in each Sheet,

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the several Interlineations made, & all Words written upon Erasures in the same before signing, are specially noted in the Margin of each, in the Hand-Writing of the Subscriber. Samuel Barrett, Secretary to the Convention”.

Amendments of 1821 [Amendments to the Constitution of Massachusetts of 1780]1

A RT. 1. The power and the duty of the Legislature, to require provision to be made for the institution of the public worship of God, and for the support and maintenance of public teachers, shall not be confined to Protestant teachers, but shall extend and be applied equally to all public christian teachers of piety, religion and morality; and shall also extend and be applied equally to all religious societies, whether incorporated or unincorporated. All monies paid by the subject for the support of public worship and of the public teachers aforesaid, shall, if he require it, be applied to the support of the public teacher or teachers, if there be any, on whose instructions he attends, whether of the same, or of a different sect or denomination, from that of the parish or religious society, in which the said monies are raised. Provided, that all taxes assessed for the support of public worship, and of the public teachers aforesaid, upon the real estate of any non-resident proprietor or proprietors, shall be applied towards the support of public worship in the town, precinct, or parish, by which such taxes are assessed; unless such proprietor or proprietors shall be resident within this Commonwealth, and shall be of a different sect or denomination of Christians from that of the town, precinct, or parish by which such taxes are assessed. The clause in the third article of the Declaration of Rights, which invests the Legislature with authority to enjoin, on all the subjects of the Commonwealth, an attendance upon the instructions of public teach-

ers, shall be, and hereby is annulled. No person shall be subjected to trial for any crime or offence for which, on conviction thereof, he may be exposed to imprisonment, or to any ignominious punishment, unless upon presentment or indictment by a Grand Jury; except in cases which are or may be, otherwise expressly provided for by the statutes of the Commonwealth. And every person charged with any crime or offence, shall have a right to be fully heard in his defence by himself and his counsel. A RT. 2. The Political Year shall begin on the first Wednesday of January, instead of the last Wednesday of May; and the General Court shall assemble every year on the said first Wednesday of January, and shall proceed at that session to make all the elections, and do all the other acts, which are by the Constitution required to be made and done at the session which has heretofore commenced on the last Wednesday of May. And the General Court shall be dissolved on the day next preceding the first Wednesday of January, without any proclamation, or other act of the Governor. But nothing herein contained shall prevent the General Court from assembling at such other times as they shall judge necessary. The Governor, Lieutenant Governor, and Counsellors, shall also hold their respective offices for one year next following the first Wednesday of January, and until others are chosen and qualified in their stead. The meetings for the choice of Governor, Lieutenant Governor, and Senators, shall be

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M ASSACHUSETTS held on the second Monday of November in every year, instead of the first Monday of April; and the Members of the House of Representatives shall also be chosen at the same meetings; but the meetings may be adjourned, if necessary, for the choice of Representatives to the next day, and again to the day next succeeding, but no further. Provided however, that such towns or towns and districts, as are or may be united for the choice of a Representative, may hold their meetings for that purpose, at such time, and in such manner as the General Court shall hereafter direct. All the other provisions of the Constitution, respecting the elections and proceedings of the Members of the General Court, or of any other officers or persons whatsoever, that have reference to the Last Wednesday of May, as the commencement of the political year, shall be so far altered as to have the like reference to the First Wednesday of January. This Article shall go into operation on the fourth day of July, in the year of our Lord, one thousand eight hundred and twentyone, and the Governor, Lieutenant Governor, Counsellors, Senators, and Representatives, and all other state officers who are chosen annually, and who shall be chosen for the year of our Lord one thousand eight hundred and twenty one shall hold their respective offices, until the First Wednesday of January, in the year of our Lord one thousand eight hundred and twenty two, and until others are chosen and qualified in their stead; and the first election of the Governor, Lieutenant Governor, Senators, and Representatives, to be had in virtue of this Article, shall be had on the Second Monday of November, in the year of our Lord, one thousand eight hundred and twenty-one.2

A RT. 3. [I.] If any Bill, or Resolve, shall be objected to, and not approved by the Governor; and if the General Court shall ad-

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journ within five days after the same shall have been laid before the Governor for his approbation, 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. A RT. 4. [II.] The General Court shall have full power and authority, to erect and 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 Constitution, 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 government 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 inhabitants 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 municipal or city government, shall be subject, at all times, to be annulled by the General Court. A RT. 5. There shall be annually elected in the manner prescribed by the Constitution thirty-six persons to be senators instead of forty persons as heretofore required; and not less than nineteen members of the Senate shall constitute a quorum for doing business. The number of districts into which the Commonwealth shall be divided for the purpose of electing Senators shall never be less than ten, and the Senators shall be so apportioned among the said districts, as that no district shall elect more than six; and no

A MENDMENTS OF 1821 county shall be divided for the purpose of forming such a district. The several counties in the Commonwealth, shall be districts for the choice of Senators; excepting that the counties of Hampshire, Franklin and Hampden, shall together form one district for the purpose; and also that the counties of Barnstable, Nantucket and Dukes County shall together form one district for the purpose; and the said districts shall be respectively entitled to elect the following number, to wit: Suffolk, Middlesex, Hampshire, Franklin & Hampden, Berkshire, Britsol, Essex, Worcester, Plymouth, Norfolk, Barnstable, Nantucket & Dukes Co.

six. four. four. two. two. six. five. two. three. two.

And the foregoing arrangements of the districts and apportionment of the Senators among them, shall remain in force until altered by the General Court according to the provisions of the Constitution. The members of the House of Representatives shall be elected in the following manner. Every corporate town containing 1200 inhabitants, may elect one representative; and 2400 inhabitants shall be the mean increasing number which shall entitle a town to, an additional representative. In every case where any town is now united to any other town, or to a district, for the purpose of electing a Representative, such towns and districts, so united, are and shall be respectively considered as one town, in all things respecting the election of Representative, as provided for in this article. Every corporate town, containing less than 1200 inhabitants, shall be entitled to elect one Representative, every other year

only, excepting the years in which the valuation of estates within the Commonwealth shall be settled, when each of said towns shall be entitled to send a Representative; but the Legislature of that year shall never appoint the year in which the next valuation shall be taken or settled. And the Legislature, at their first session, after the census which is now taking under the authority of the United States shall be completed, and after every subsequent census which shall be taken as aforesaid, or under the authority of this Commonwealth, shall divide the towns in each county, where there are more than one, which according to the provisions of this article shall not be entitled to send a Representative every year into two equal classes; the first of which shall comprise half the towns in number, and those which contain the greatest population, and each town in this class may elect a Representative the first year after they are so classed. The second class shall consist of the other corporate towns in the county not entitled to send a Representative every year, each of which may elect a Representative the second year after they are classed, and if there be an uneven number of such towns in any county, the largest number shall be placed in the second class, and the towns so classed may each thereafter continue to elect one Representative every other year, excepting as aforesaid. Provided that the Legislature may place in different classes any two adjoining towns which may happen to be in the same class, upon their application for that purpose. And each of said classed towns shall be entitled to elect a Representative every year, when such towns shall have the number of inhabitants which shall entitle other towns to elect one Representative according to the provisions of this article. And if any two towns herein directed to be classed, shall wish to be united, and elect a

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M ASSACHUSETTS Representative together every year, instead of electing one separately every other year, the Legislature, upon their application for that purpose, shall so unite them, and prescribe the time and place of holding their meetings for the election of their Representatives, and the manner in which their choice shall be certified by the Selectmen of both or either of said towns; and such towns shall continue so united until the inhabitants of one of them shall have increased to such a number, as shall entitle it separately, to send a Representative; or until one of said towns, by a vote of a major part of the legal voters therein, shall apply to the Legislature to separate them, whereupon it shall be their duty so to do, and to class them in the same manner as they then would and ought to be classed if they had never been united. And to prevent the House of Representatives becoming too numerous, the number of inhabitants which shall entitle a town to elect one Representative, and the mean increasing number which shall entitle it to elect more than one, shall be proportionally increased in the year of our Lord one thousand eight hundred and thirty two, and every tenth year afterwards, so that the House of Representatives shall never consist of more than two hundred and seventy five members, excepting in those years in which the valuation is settled. And if any town which contains 1200 inhabitants and upwards, shall in the year of [our] Lord one thousand eight hundred and thirty-two, or in any tenth year afterwards, be found not to contain the number of inhabitants, which according to the provision aforesaid, shall be requisite to entitle it to send a Representative every year, such town shall be classed by the Legislature, and shall thereafter be entitled to send a Representative every other year only, until it shall have a competent number to entitle it to send a Representative every year; and no town which shall be entitled to send a Representative every other year, shall ever

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be deprived of that privilege. Every town which shall hereafter be incorporated, shall be entitled to send one Representative, when it shall contain twenty-four hundred inhabitants, and not before. The members of the House of Representatives shall be paid out of the Treasury of the Commonwealth for their attendance in the general court during the session thereof. Not less than one hundred members of the House of Representatives, shall constitute a quorum for doing business. No member of the Senate or House of Representatives shall be arrested on mesne process, warrant of distress or execution, during his going unto, returning from, or attendance in the general court. The council for advising the Governor in the executive part of Government, shall consist of seven persons, besides the Lieut. Governor, instead of nine persons; and four of said council shall constitute a quorum for doing business, instead of five of them as heretofore required. The Counsellors shall be annually chosen from among the people at large, excluding members of the Senate and House of Representatives, on the first Wednesday in January, by the joint ballot of the Senators and Representatives assembled, in one room, who shall as soon as may be, in like manner, fill up any vacancies that may happen in the Council, by death, resignation or otherwise. The counsellors shall have the same qualifications in point of property and residence within the Commonwealth as are required for Senators; and not more than one Counsellor shall be chosen out of any one Senatorial district in the Commonwealth. In case any person who may be elected a Counsellor, shall not attend seasonably to take and subscribe the oaths prescribed by the Constitution, in the presence of the two Houses of the General Court, at the session thereof at which he shall be elected, he

A MENDMENTS OF 1821 may take and subscribe the same before the Governor alone, or before the Lieut. Governor and any one of the Council, who shall have been previously qualified.

A RT. 6. [III.] Every male citizen of twenty one years of age and upwards (excepting paupers and persons under guardianship) who shall have resided within the Commonwealth one year, and within the town or district in which he may claim a right to vote, six calendar months, next preceding any election of Governor, Lieut. Governor, Senators or Representatives, and who shall have paid by himself or his parent, master 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 exempted 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, Lieut. Governor, Senators and Representatives, and no other person shall be entitled to vote in such elections. A RT. 7. [IV.] 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, 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 advice and consent of the Council, shall nominate and appoint, under such regulations as may be prescribed by law, a competent and suitable person to such vacant office, who shall hold the same, until a successor shall be appointed by the General Court.

Whenever the exigencies of the Commonwealth shall require the appointment 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. A RT. 8. [V.] In the elections 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. A RT. 9 . Justices of the Peace may be removed from office like other judicial officers, by the Governor with the consent of the Council, upon the address of a majority of the members present of each house of the Legislature; but no address for the removal of any Judicial officer shall pass either House of the Legislature until the causes of such removal are first stated and entered on the journal of the House in which it shall originate, and a copy thereof served on the person in office, so that he may be admitted to a hearing in his defence before each of said Houses. The Governor and the two branches of the Legislature respectively, shall not hereafter be authorized to propose questions to justices of the Supreme Judicial Court, and require their opinions thereon. A RT. 10. The rights and privileges of the President and Fellows of Harvard College, and the charter and Constitution thereof, and of the Board of Overseers as at present established by law, are hereby confirmed, with this further provision, to wit, that the Board of overseers in the election of ministers of churches to be members of said board, shall not hereafter be confined to

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M ASSACHUSETTS ministers of churches of any particular denomination of christians.

A RT. 11. [VI.] Instead of the oath of allegiance prescribed by the Constitution, the following oath shall be taken and subscribed by every person chosen or appointed to any office, civil or military under the Government of this Commonwealth before he shall enter on 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 affirmation 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.” A RT. 12. [VII.] No oath, declaration or subscription, excepting the oath prescribed in the preceding article, and the oath of office, shall be required of the Governor, Lieut. Governor, Counsellors, Senators, or Representatives, to qualify them to perform the duties of their respective offices. A RT. 13. [VIII.] No Judge of any Court in 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, Lieut. 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

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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 accepting 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 Justice of the Peace and Militia Offices excepted. A RT. 14. [IX.] If at any time hereafter any specific and particular amendment 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 Journals of the two Houses with the yeas and nays taken thereon, and referred to the General Court then next to be chosen, and shall be published; and if in the General Court next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of the Senators and two thirds of the members of the House of Representatives present 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 of3 and ratified by a majority of the qualified voters voting thereon, at meetings legally warned and holden for that purpose, they shall become part of the Constitution of this Commonwealth.

1

Verified by Journal of Debates and Proceedings in the Convention of Delegates, Chosen to Revise the Constitution of Massachusetts, Begun and holden at Boston, November 15, 1820, and continued by Adjournment to January 9, 1821. Reported for the Boston Daily Advertiser, Boston: Published at the Office of the

A MENDMENTS OF 1821 Daily Advertiser, 1821, 275–279, and – for the adopted amendments – checked against the version published by Commonwealth of Massachusetts. By His Excellency John Brooks, Governor of the Commonwealth of Massachusetts, A Proclamation, For Promulgating the Amendments to the Constitution, [s.l., s.n., 1821], broadside, and in Resolves of the General Court of the Commonwealth of Massachusetts, Passed at the Several Sessions of the General Court, Commencing May 1819, and Ending February 21, 1824. Published agreeably to a Resolve of 16th January, 1812, Boston: Printed by True and Greene, Printers to the State, 1824, 351–354. Spelling, capitalization, and punctuation as in the Convention Proceedings. Obvious typographical errors have been tacitly corrected. Of the four-

teen amendments proposed by the Convention nine amendments were declared ratified by the people by a resolution of the General Court on June 5, 1821 and became part of the Constitution as Amendments I-IX. On the Convention and its place within Massachusetts politics, cf. Harlow Walker Sheidley, “Preserving ‘The Old Fabrick’: The Massachusetts Conservative Elite and the Constitutional Convention of 1820–1821,” in: Proceedings of the Massachusetts Historical Society, 103 (1991), 114–137. 2

The proposal was adopted in a modified version as the Tenth Article of Amendment in 1831 (q.v.).

3 In Proclamation, and in Session Law print, 354, word missing.

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Amendment of 1831 Resolve for the due enrolment and promulgation of the Tenth Article of Amendment to the Constitution of this Commonwealth1

[A RT. X.] The political year shall begin on the first Wednesday of January instead of the last Wednesday of May, and the General Court shall assemble every year on the said first Wednesday of January, and shall proceed, at that session, to make all the elections, and do all the other acts, which are by the Constitution required to be made and done at the session which has heretofore Commenced on the last Wednesday of May. And the General Court shall be dissolved on the day next preceding the first Wednesday of January, without any proclamation or other act of the Governor. But nothing herein contained shall prevent the General Court from assembling at such other times, as they shall judge necessary, or when called together by the Governor. The Governor, Lieutenant Governor, and Councillors, shall also hold their respective offices for one year next following the first Wednesday of January, and until others are chosen and qualified in their stead. The meeting for the choice of Governor, Lieutenant Governor, Senators and Representatives, shall be held on the second Monday of November in every year, but meetings may be adjourned, if necessary, for the choice of Representatives, to the next day, and again to the next succeeding day, but no further. But in case a second meeting shall be necessary for the choice of Representatives, such meetings shall be held on

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the fourth Monday of the same month of November. All the other provisions of the Constitution, respecting the elections and proceedings of the members of the General Court, or of any other officers or persons whatever, that have reference to the last Wednesday of May as the commencement of the political year, shall be so far altered, as to have like reference to the first Wednesday of January. This article shall go into operation on the first day of October, next following the day when the same shall be duly ratified and adopted as an amendment of the Constitution, and the Governor, Lieutenant Governor, Councillors, Senators, Representatives, and all other state officers, who are annually chosen, and who shall be chosen for the current year, when the same shall go into operation, shall hold their respective offices until the first Wednesday of January then next following, and until others are chosen and qualified in their stead, and no longer; and the first election of the Governor, Lieutenant Governor, Senators and Representatives, to be had in virtue of this article, shall be had conformably thereunto, in the month of November following the day on which the same shall be in force and go into operation, pursuant to the foregoing provision. All the provisions of the existing Con-

A MENDMENT OF 1831 stitution, inconsistent with the provisions herein contained, are hereby wholly annulled.2

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Verified by Resolves of the General Court of the Commonwealth of Massachusetts, Passed at the Several Sessions of the General Court, Commencing May, 1828, and Ending June, 1831. Published agreeably to a Resolve of the sixteenth January, 1812, Boston: Dutton and Wentworth, Printers to the State, 1831, 618–619. Spelling, capitalization, and punctuation as in the Session Law print. On March 7, 1831, the General Court resolved to submit the proposed article of amendment to the people (ibid., 497–500). The people approved the article of amendment on May 11, 1831, and the General Court ratified it on June 15, 1831 (ibid., 617– 618). As the Tenth Article of Amendment it went into effect on October 1, 1831. The article is a modified version of the failed art. 2 of the proposed fourteen articles of amendment of 1821 (q.v.). 2 In an effort to amend this article of amendment the 1857 General Court resolved “that it is expedient to alter the Constitution of this Commonwealth, by adopting the subjoined article of amendment, instead of so much of the tenth article of the amendments, thereto, as relates to the general court, and the time when it shall assemble and be dissolved; and that the same, when thus agreed to, be entered on the journals of the two houses, with the yeas and nays taken thereon, and referred to the general court next to be chosen, and that the same be published, to the end that if agreed to by the general court next to be chosen, in the manner provided by the Constitution, it may be submitted to

the people for their ratification, in order that it may become part of the Constitution of this Commonwealth. A RTICLE OF A MENDMENT The political year shall begin on the first Wednesday of January, instead of the last Wednesday of May; and the general court shall assemble every year on the said first Wednesday of January, and shall proceed at that session to make all the elections, and do all the other acts, which are by the Constitution required to be made and done at the session which has heretofore commenced on the last Wednesday of May. No session of the general court shall continue longer than one hundred days, without the concurrent vote, to be taken by yeas and nays, of two-thirds of the members elected to each house, in which case the session may be extended for a further period not exceeding ten days. And the general court shall be dissolved on the day next preceding the first Wednesday of January, without any proclamation or other act of the governor. But nothing herein contained shall prevent the general court from assembling at such other times as they shall judge necessary, or when called together by the governor.” The resolution was adopted by the Senate on May 7, and by the House of Representatives on May 14, 1857 (Acts and Resolves Passed by the General Court of Massachusetts, In the Year 1857: Together With the Messages, etc., etc., etc. Published by the Secretary of the Commonwealth, Boston: William White, Printer to the State, 1857, 703–704). It failed to command the constitutionally required majority in the subsequent General Court. Biennial elections were introduced in 1918, but in 1944 the General Court returned to annual sessions (cf. The Constitution of the Commonwealth of Massachusetts, published by William Francis Galvin, Secretary of the Commonwealth, December 2002, 64– 65, 71, 99, 100).

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Amendment of 1834 Resolve for the due enrolment and promulgation of the Eleventh Article of Amendment to the Constitution of this Commonwealth1

[A RT. XI.] Instead of the third article of the bill of rights, the following modification and amendment thereof is substituted: As the public worship of God, and instructions in piety, religion, and morality, promote the happiness and prosperity of a people, and the security of a republican government; therefore, the several religious societies of this Commonwealth, whether corporate or unincorporate, at any meeting legally warned and holden for that purpose, shall ever have the right to elect their pastors or religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses; and all persons belonging to any religious society shall be taken and held to be members, until they shall file with the clerk of such society a written notice, declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made or entered into by such society. And all religious sects and denominations

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demeaning themselves peaceably, and as good citizens of the Commonwealth, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another, shall ever be established by law.

1

Verified by Resolves of the General Court of the Commonwealth of Massachusetts, Passed at their Session, Which Commenced on Wednesday, the First of January and Ended on Wednesday, the Second of April, One Thousand Eight Hundred and Thirty-Four. Published agreeably to a Resolve of the sixteenth January, 1812, Boston: Dutton and Wentworth, Printers to the State, 1834, 605–606. Spelling, capitalization, and punctuation as in the Session Law print. On March 18, 1833, the General Court resolved to submit the proposed article of amendment to the people (Resolves of the General Court of the Commonwealth of Massachusetts, Passed at their Session, Which Commenced on Wednesday, the Second of January and Ended on Thursday, the Twenty-Eighth of March, One Thousand Eight Hundred and Thirty-Three. Published agreeably to a Resolve of the sixteenth January, 1812, Boston: Dutton and Wentworth, Printers to the State, 1833, 384–386). The people approved the article of amendment on November 11, 1833, and the General Court ratified it on February 12, 1834 as the Eleventh Article of Amendment (Session Law print of 1834, 604–605).

Amendment of 1837 Resolve for the due enrolment and promulgation of the Twelfth Article of Amendment of the Constitution of this Commonwealth1

[A RT. XII.] In order to provide for a representation of the citizens of this Commonwealth, founded upon the principles of equality, a census of the ratable polls in each city, town and district of the Commonwealth, on the first day of May, shall be taken and returned into the secretary’s office, in such manner as the Legislature shall provide, within the month of May, in the year of our Lord one thousand eight hundred and thirty-seven, and in every tenth year thereafter in the month of May, in manner aforesaid; and each town or city, having three hundred ratable polls at the last preceding decennial census of polls, may elect one representative, and for every four hundred and fifty ratable polls in addition to the first three hundred, one representative more. Any town having less than three hundred ratable polls shall be represented thus: the whole number of ratable polls, at the last preceding decennial census of polls, shall be multiplied by ten, and the product divided by three hundred, and such town may elect one representative as many years within ten years as three hundred is contained in the product aforesaid. Any city or town having ratable polls enough to elect one or more representatives, with any number of polls beyond the necessary number, may be represented as to that surplus number by multiplying such surplus number by ten, and dividing the product

by four hundred and fifty; and such city or town may elect one additional representative as many years within the ten years as four hundred and fifty is contained in the product aforesaid. Any two or more of the several towns and districts may, by consent of a majority of the legal voters present at a legal meeting in each of said towns and districts respectively, called for that purpose and held previous to the first day of July, in the year in which the decennial census of polls shall be taken, form themselves into a representative district, to continue until the next decennial census of polls, for the election of a representative or representatives; and such district shall have all the rights, in regard to representation, which would belong to a town containing the same number of ratable polls. The governor and council shall ascertain and determine, within the months of July and August, in the year of our Lord one thousand eight hundred and thirty-seven, according to the foregoing principles, the number of representatives which each city, town and representative district is entitled to elect, and the number of years within the period of ten years, then next ensuing, that each city, town and representative district may elect an additional representative; and where any town has not a sufficient number of polls to elect a repre-

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M ASSACHUSETTS sentative each year, then how many years within the ten years such town may elect a representative; and the same shall be done once in ten years thereafter by the governor and council, and the number of ratable polls in each decennial census of polls shall determine the number of representatives which each city, town and representative district may elect as aforesaid; and when the number of representatives, to be elected by each city, town or representative district, is ascertained and determined as aforesaid, the governor shall cause the same to be published forthwith for the information of the people, and that number shall remain fixed and unalterable for the period of ten years. All the provisions of the existing constitution inconsistent with the provisions herein contained, are hereby wholly annulled.

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1

Verified by Resolves of the General Court, of the Commonwealth of Massachusetts, Passed at the Session, Which Commenced on Wednesday, the Fourth of January, and Ended on Thursday, the Twentieth of April, One Thousand Eight Hundred and Thirty-Seven. Published agreeably to a Resolve of sixteenth January, 1812, Boston: Dutton and Wentworth, Printers to the State, 1837, 538–540. Spelling, capitalization, and punctuation as in the Session Law print. On April 1, 1836, the General Court resolved to submit the proposed article of amendment to the people (Resolves of the General Court of the Commonwealth of Massachusetts, Passed at the Extra Session, Which Commenced on Wednesday the Second of September, and Ended on Wednesday the Fourth of November, One Thousand Eight Hundred and Thirty-Five; and at the Session, Which Commenced on Wednesday the Sixth of January, and Ended on Saturday the Sixteenth of April, One Thousand Eight Hundred and Thirty-Six. Published agreeably to a Resolve of the sixteenth January, 1812, Boston: Dutton and Wentworth, Printers to the State, 1836, 376–380). The people approved the article of amendment on November 14, 1836, and the General Court ratified it on March 24, 1837 as the Twelfth Article of Amendment (Session Law print of 1837, 537–538).

Amendment of 1840 Resolves relating to a proposed Article of Amendment of the Constitution1

Resolved, That the following article of amendment of the Constitution, having been agreed to by the last and present general courts, and published in the manner required by the Constitution, be submitted to the people for their ratification and adoption:

[A RT. XIII.] A census of the inhabitants of each city and town, on the first day of May, shall be taken, and returned into the Secretary’s office, on or before the last day of June, of the year one thousand eight hundred and forty, and of every tenth year thereafter; which census shall determine the apportionment of Senators and Representatives for the term of ten years. The several senatorial districts now existing, shall be permanent. The Senate shall consist of forty members; and in the year one thousand eight hundred and forty, and every tenth year thereafter, the governor and council shall assign the number of Senators to be chosen in each district, according to the number of inhabitants in the same. But, in all cases, at least one Senator shall be assigned to each district. The members of the House of Representatives shall be apportioned in the following manner: Every town or city containing twelve hundred inhabitants, may elect one representative; and two thousand four hundred inhabitants shall be the mean increasing number, which shall entitle it to an additional Representative.

Every town containing less than twelve hundred inhabitants, shall be entitled to elect a representative as many times, within ten years, as the number one hundred and sixty is contained in the number of the inhabitants of said town. Such towns may also elect one representative for the year in which the valuation of estates within the Commonwealth, shall be settled. Any two or more of the several towns may, by consent of a majority of the legal voters present at a legal meeting, in each of said towns respectively, called for that purpose, and held before the first day of August, in the year one thousand eight hundred and forty, and every tenth year thereafter, form themselves into a representative district, to continue for the term of ten years; and such district shall have all the rights, in regard to representation, which would belong to a town containing the same number of inhabitants. The number of inhabitants which shall entitle a town to elect one representative, and the mean increasing number, which shall entitle a town or city to elect more than one, and also the number by which the population of towns, not entitled to a representative every year, is to be divided, shall be increased respectively, by one tenth of the numbers above mentioned, whenever the population of the Commonwealth shall have increased to seven hundred and seventy thousand, and for every additional increase of seventy thousand inhabitants the

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M ASSACHUSETTS same addition of one tenth shall be made respectively to the said numbers above mentioned. In the year of each decennial census, the governor and council shall, before the first day of September, apportion the number of representatives which each city, town, and representative district is entitled to elect, and ascertain how many years, within ten years, any town may elect a representative, which is not entitled to elect one every year; and the governor shall cause the same to be published forthwith. Nine counsellors shall be annually chosen from among the people at large, on the first Wednesday of January, or as soon thereafter as may be, by the joint ballot of the senators and representatives assembled in one room, who shall, as soon as may be, in like manner, fill up any vacancies that may happen in the council, by death, resignation or otherwise. No person shall be elected a

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counsellor, who has not been an inhabitant of this Commonwealth for the term of five years immediately preceding his election; and not more than one counsellor shall be chosen from any one senatorial district in the Commonwealth. No possession of a freehold or of any other estate shall be required as a qualification for holding a seat in either branch of the general court, or in the executive council.

1

Verified by Acts and Resolves Passed by the Legislature of Massachusetts, In the Year 1840. Published by the Secretary of the Commonwealth, Boston: Dutton and Wentworth, Printers to the State, 1840, 248– 250. Spelling, capitalization, and punctuation as in the Session Law print. On March 10, 1840, the article of amendment was approved by the Governor and on April 6, 1840, submitted to the people. Ratified by a vote of 24,884 to 4,912, it was proclaimed as the Thirteenth Article of Amendment on April 17, 1840 (Session Law print, end page).

Amendments of 1855 Resolves relating to the proposed Articles of Amendments of the Constitution1

Resolved, That the following articles of amendment of the constitution, having been agreed to by the last and present general courts, and published in the manner required by the constitution, be submitted to the people for their ratification and adoption. [A RT. XIV.] In all elections of civil officers by the people of this Commonwealth, whose election is provided for by the constitution, the person having the highest number of votes shall be deemed and declared to be elected. [A RT. XV.] The meeting for the choice of governor, lieutenant-governor, senators and representatives, shall be held on the Tuesday next after the first Monday in November, annually; but in case of a failure to elect representatives on that day, a second meeting shall be holden for that purpose, on the fourth Monday of the same month of November. [A RT. XVI.] Eight councillors shall be annually chosen by the inhabitants of this Commonwealth, qualified to vote for governor. The election of councillors shall be determined by the same rule that is required in the election of governor. The legislature, at its first session after this amendment shall have been adopted, and at its first session after the next State census shall have been taken, and at its first session after each decennial State census thereafterwards, shall

divide the Commonwealth into eight districts of contiguous territory, each containing a number of inhabitants as nearly equal as practicable, without dividing any town or ward of a city, and each entitled to elect one councillor: provided, however, that if, at any time, the constitution shall provide for the division of the Commonwealth into forty senatorial districts, then the legislature shall so arrange the councillor districts that each district shall consist of five contiguous senatorial districts, as they shall be, from time to time, established by the legislature. No person shall be eligible to the office of councillor who has not been an inhabitant of the Commonwealth for the term of five years immediately preceding his election. The day and manner of the election, the return of the votes, and the declaration of the said elections, shall be the same as are required in the election of governor. Whenever there shall be a failure to elect the full number of councillors, the vacancies shall be filled in the same manner as is required for filling vacancies in the senate; and vacancies occasioned by death, removal from the State, or otherwise, shall be filled in like manner, as soon as may be after such vacancies shall have happened. And that there may be no delay in the organization of the government on the first Wednesday of January, the governor, with at least five councillors for the time being, shall, as soon as may be, examine the returned copies of the records for the election of governor, lieutenant-governor, and coun-

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M ASSACHUSETTS cillors; and ten days before the said first Wednesday in January, he shall issue his summons to such persons as appear to be chosen, to attend on that day to be qualified accordingly; and the secretary shall lay the returns before the senate and house of representatives, on the said first Wednesday in January, to be by them examined; and in case of the election of either of said officers the choice shall be by them declared and published; but in case there shall be no election of either of said officers, the legislature shall proceed to fill such vacancies in the manner provided in the constitution for the choice of such officers. [A RT. XVII.] The secretary, treasurer and receiver-general, auditor, and attorneygeneral, shall be chosen annually, on the day in November prescribed for the choice of governor; and each person then chosen as such, duly qualified in other respects, shall hold his office for the term of one year from the third Wednesday in January next thereafter, and until another is chosen and qualified in his stead. The qualification of the voters, the manner of the election, the return of the votes, and the declaration of the election, shall be such as are required in the election of governor. In case of a failure to elect either of said officers on the day in November aforesaid, or in case of the decease in the mean time of the person elected as such, such officer shall be chosen on or before the third Wednesday in January next thereafter, from the two persons who had the highest number of votes for said offices on the day in November aforesaid, by joint ballot of the senators and representatives, in one room; and in case the office of secretary, or treasurer and receiver-general, or auditor, or attorney-general, shall become vacant, from any cause, during an annual or special session of the general court, such vacancy shall, in like manner, be filled by choice from the people at large; but if such vacancy

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shall occur at any other time, it shall be supplied by the governor by appointment, with the advice and consent of the council. The person so chosen or appointed, duly qualified in other respects, shall hold his office until his successor is chosen and duly qualified in his stead. In case any person chosen or appointed to either of the offices aforesaid, shall neglect, for the space of ten days after he could otherwise enter upon his duties, to qualify himself in all respects to enter upon the discharge of such duties, the office to which he has been elected or appointed shall be deemed vacant. No person shall be eligible to either of said offices unless he shall have been an inhabitant of this Commonwealth five years next preceding his election or appointment. [A RT. XVIII.] All moneys raised by taxation, in the towns and cities, for the support of public schools, and all moneys which may be appropriated by the State for the support of common schools, shall be applied to, and expended in, no other schools than those which are conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is to be expended; and such moneys shall never be appropriated to any religious sect for the maintenance, exclusively, of its own schools. [A RT. XIX.] The legislature shall prescribe, by general law, for the election of sheriffs, registers of probate, commissioners of insolvency, and clerks of the courts, by the people of the several counties, and that district-attorneys shall be chosen by the people of the several districts, for such term of office as the legislature shall prescribe.

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Verified by Acts and Resolves Passed by the General Court of Massachusetts, In the Year 1855: Together With the Messages. Published by the Secretary of the Commonwealth, Boston: William White, Printer

A MENDMENTS OF 1855 to the State, 1855, 954–957. Spelling, capitalization, and punctuation as in the Session Law print. On May 1, 1855, the governor approved the proposed six articles of amendment to be submitted to the people. The people approved the articles of amendment on May 23, 1855, and as articles of amendment XIV, XV, XVI, XVII, XVIII, and XIX they became part of the constitution (Session Law print of 1855, 1054). In 1854, the General Court in proposing these amendments had included a seventh article of amendment: “A census of the inhabitants of each city and town, on the first day of May, shall be taken and returned into the office of the secretary of the Commonwealth, on or before the last day of June, in the year one thousand eight hundred and fifty-five, and of every tenth year thereafter. In the census aforesaid, a special enumeration shall be made of the legal voters, and in each city said enumeration shall specify the number of such legal voters aforesaid, residing in each street, court, avenue, and ward of such city. The enumeration aforesaid, shall determine the apportionment of senators and representatives for the term of ten years. The senate shall consist of forty members. The general court shall, at its first session after each next preceding special enumeration, divide the Commonwealth into forty districts, of contiguous territory, each district to contain, as nearly as may be, an equal number of legal voters, according to the enumeration aforesaid: provided, however, that no town or ward of a city shall be divided therefor; and such districts shall be formed, as nearly as may be, without uniting two counties, or parts of two or more counties, into one district. Each district shall elect one senator, who shall have been an inhabitant of this Commonwealth five years at least immediately preceding his election, and at the time of his election, shall be an inhabitant of the district for which he is chosen, and he shall cease to represent such senatorial district when he shall cease to be an inhabitant of the Commonwealth. Not less than sixteen senators shall constitute a quorum for doing business, but a less number may organize temporarily, adjourn from day to day, and compel the attendance of absent members. The house of representatives shall consist of three hundred members, which shall be apportioned by the legislature at its first session after the return of each enumeration, as aforesaid, to the several counties of the Commonwealth equally, as nearly as may be, according to their relative numbers of legal voters, as ascertained by the next preceding special enumeration; and the town of Cohasset, in the county of Norfolk, shall, for this purpose, as well as in the formation of districts as herein-after provided, be considered a part

of the county of Plymouth; and it shall be the duty of the secretary of the Commonwealth to certify, as soon as may be after it is determined by the legislature, the number of representatives to which each county shall be entitled, to the board authorized to divide each county into representative districts. The mayor and aldermen of the city of Boston, the county commissioners of other counties than Suffolk, or in lieu of the county commissioners in each county other than Suffolk, such board of special commissioners in each county, to be elected by the people of the county, or of the towns therein, as may for that purpose be provided by law, shall, on the first Tuesday of August next after each assignment of representatives to each county, assemble at a shire town of their respective counties, and proceed, as soon as may be, to divide the same into representative districts of contiguous territory, so as to apportion the representation assigned to each county equally, as nearly as may be, according to the relative number of legal voters in the several districts of each county; and such districts shall be so formed that no town, or ward of a city shall be divided therefor, nor shall any district be made which shall be entitled to elect more than three representatives. Every representative, for one year at least next preceding his election, shall have been an inhabitant of the district for which he is chosen, and shall cease to represent such district when he shall cease to be an inhabitant of the Commonwealth. The districts in each county shall be numbered by the board creating the same, and a description of each, with the numbers thereof, and the number of legal voters therein, shall be returned by the board to the secretary of the Commonwealth, to the county treasurer of each county, and to the clerk of every town in each district, to be filed and kept in their respective offices. The manner of calling and conducting the meetings for the choice of representatives, and of ascertaining their election, shall be prescribed by law. Not less than one hundred members of the house of representatives shall constitute a quorum for doing business, but a less number may organize temporarily, adjourn from day to day, and compel the attendance of absent members” (Acts and Resolves Passed by the General Court of Massachusetts, In the Year 1854: Together With the Messages. Published by the Secretary of the Commonwealth, Boston: William White, Printer to the State, 1854, 471–473). This article of amendment, art. 3 in the 1854 proposition, was not readopted by the General Court in 1855, but a modified version of it became part of the Constitution in 1857 as the Twenty-First and Twenty-Second Articles of Amendment (q.v.).

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Amendments of 1857 Resolves relating to the proposed Amendments of the Constitution1

Resolved, That the following articles of amendment of the Constitution, having been agreed to by the last and present general courts, and published in the manner required by the Constitution, be submitted to the people for their ratification and adoption. [A RT. XX.] No person shall have the right to vote, or be eligible to office under the Constitution of this Commonwealth, who shall not be able to read the Constitution in the English language, and write his name: provided, however, that the provisions of this amendment shall not apply to any person prevented by a physical disability from complying with its requisitions, nor to any person who now has the right to vote, nor to any persons who shall be sixty years of age or upwards at the time this amendment shall take effect. [A RT. XXI.] A census of the legal voters of each city and town, on the first day of May, shall be taken and returned into the office of the secretary of the Commonwealth, on or before the last day of June, in the year one thousand eight hundred and fifty-seven; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tenth year thereafter. In the census aforesaid, a special enumeration shall be made of the legal voters, and in each city said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall

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determine the apportionment of representatives for the periods between the taking of the census. The house of representatives shall consist of two hundred and forty members, which shall be apportioned by the legislature, at its first session after the return of each enumeration as aforesaid, to the several counties of the Commonwealth, equally, as nearly as may be, according to their relative numbers of legal voters, as ascertained by the next preceding special enumeration; and the town of Cohasset, in the county of Norfolk, shall, for this purpose, as well as in the formation of districts, as hereinafter provided, be considered a part of the county of Plymouth; and it shall be the duty of the secretary of the Commonwealth, to certify, as soon as may be after it is determined by the legislature, the number of representatives to which each county shall be entitled, to the board authorized to divide each county into representative districts. The mayor and aldermen of the city of Boston, the county commissioners of other counties than Suffolk, – or in lieu of the mayor and aldermen of the city of Boston, or of the county commissioners in each county other than Suffolk, such board of special commissioners in each county, to be elected by the people of the county, or of the towns therein, as may for that purpose be provided by law, shall, on the first Tuesday of August next after each assignment of representatives to each county, assemble at a shire town of their respective counties, and proceed, as

A MENDMENTS OF 1857 soon as may be, to divide the same into representative districts of contiguous territory, so as to apportion the representation assigned to each county equally, as nearly as may be, according to the relative number of legal voters in the several districts of each county; and such districts shall be so formed that no town or ward of a city shall be divided therefor, nor shall any district be made which shall be entitled to elect more than three representatives. Every representative, for one year at least next preceding his election, shall have been an inhabitant of the district for which he is chosen, and shall cease to represent such district when he shall cease to be an inhabitant of the Commonwealth. The districts in each county shall be numbered by the board creating the same, and a description of each, with the numbers thereof, and the number of legal voters therein, shall be returned by the board, to the secretary of the Commonwealth, the county treasurer of each county, and to the clerk of every town in each district, to be filed and kept in their respective offices. The manner of calling and conducting the meetings for the choice of representatives, and of ascertaining their election, shall be prescribed by law. Not less than one hundred members of the house of representatives shall constitute a quorum for doing business; but a less number may organize temporarily, adjourn from day to day, and compel the attendance of absent members.

made of the legal voters, and in each city, said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall determine the apportionment of senators for the periods between the taking of the census. The senate shall consist of forty members. The general court shall, at its first session after each next preceding special enumeration, divide the Commonwealth into forty districts of adjacent territory, each district to contain, as nearly as may be, an equal number of legal voters, according to the enumeration aforesaid: provided, however, that no town, or ward of a city, shall be divided therefor; and such districts shall be formed, as nearly as may be, without uniting two counties, or parts of two or more counties, into one district. Each district shall elect one senator, who shall have been an inhabitant of this Commonwealth five years at least, immediately preceding his election, and at the time of his election, shall be an inhabitant of the district for which he is chosen; and he shall cease to represent such senatorial district when he shall cease to be an inhabitant of the Commonwealth. Not less than sixteen senators shall constitute a quorum for doing business; but a less number may organize temporarily, adjourn from day to day, and compel the attendance of absent members.

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[A RT. XXII.] A census of the legal voters of each city and town, on the first day of May, shall be taken and returned into the office of the secretary of the Commonwealth, on or before the last day of June, in the year one thousand eight hundred and fifty-seven; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tenth year thereafter. In the census aforesaid, a special enumeration shall be

Verified by Acts and Resolves Passed by the General Court of Massachusetts, In the Year 1857: Together With the Messages, etc., etc., etc. Published by the Secretary of the Commonwealth, Boston: William White, Printer to the State, 1857, 666–669. Spelling, capitalization, and punctuation as in the Session Law print. On April 8, 1857, the Governor approved the proposed three articles of amendment to be submitted to the people. The people approved the articles of amendment on May 1, 1857, and as articles of amendment XX, XXI, and XXII they became part of the Constitution (Session Law print of 1857, 858). An earlier version of art. XXI and XXII had been introduced in 1854, but it was not included in the six amendments finally adopted in 1855 (q.v.).

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Amendment of 1859 Resolves concerning the Amendment to the Constitution1

Resolved, That the following article of amendment of the constitution, having been agreed to by the last and present general courts, and published in the manner required by the constitution, be submitted to the people for their ratification and adoption: [A RT. XXIII.] No person of foreign birth shall be entitled to vote, or shall be eligible to office, unless he shall have resided within the jurisdiction of the United States for two years subsequent to his naturalization, and shall be otherwise qualified, according to the constitution and laws of this Commonwealth: provided, that this amendment shall not affect the rights which any person of foreign birth possessed at the time of the adoption thereof: and provided, further, that it shall not affect the rights of any

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child of a citizen of the United States, born during the temporary absence of the parent therefrom.

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Verified by Acts and Resolves Passed by the General Court of Massachusetts, In the Year 1859: Together With the Constitution, the Messages of the Governor, List of Civil Government, Changes of Names of Persons, etc., etc., etc. Published by the Secretary of the Commonwealth, Boston: William White, Printer to the State, 1859, 442. Spelling, capitalization, and punctuation as in the Session Law print. On March 25, 1859, the General Court approved the proposed article of amendment to be submitted to the people. The people approved the article of amendment on May 9, 1859, and as the Twenty-Third Article of Amendment it became part of the Constitution (Acts and Resolves Passed by the General Court of Massachusetts, In the Year 1860: Together With the Constitution, the Messages of the Governor, List of Civil Government, Changes of Names of Persons, etc., etc., etc. Published by the Secretary of the Commonwealth, Boston: William White, Printer to the State, 1860, xlvi).

Amendments of 1860 Resolves relating to the proposed Amendments of the Constitution1

Resolved, That the following Articles of Amendment of the Constitution, having been agreed to by the last and present general courts, and published in the manner required by the constitution, be submitted to the people for their ratification and adoption. [A RT. XXIV.] Any vacancy in the senate shall be filled by election by the people of the unrepresented district, upon the order of a majority of senators elected. [A RT. XXV.] In case of a vacancy in the council, from a failure of election, or other cause, the senate and house of representatives shall, by concurrent vote, choose some eligible person from the people of the district wherein such vacancy occurs, to fill that office. If such vacancy shall happen when the legislature is not in session, the governor, with the advice and consent of the

council, may fill the same by appointment of some eligible person.

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Verified by Acts and Resolves Passed by the General Court of Massachusetts, In the Years 1860, ’61: Together With the Constitution, the Messages of the Governor, Lists of the Civil Government, Changes of Names, etc., etc., etc. Published by the Secretary of the Commonwealth, Boston: William White, Printer to the State, 1861, 198–199. Spelling, capitalization, and punctuation as in the Session Law print. On April 4, 1860, the General Court approved the proposed article of amendment to be submitted to the people. The people approved the articles of amendment on May 7, 1860, and as the Twenty-Fourth and Twenty-Fifth Articles of Amendment they became part of the Constitution (Acts and Resolves Passed by the General Court of Massachusetts, In the Year 1860: Together With the Constitution, the Messages of the Governor, List of the Civil Government, Changes of Names of Persons, etc., etc., etc. Published by the Secretary of the Commonwealth, Boston: William White, Printer to the State, 1860, xlvi).

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Failed Constitution of Massachusetts (1853)

Proposition Number One

Constitution, Or Form of Government of the Commonwealth of Massachusetts1

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 C ONSTITUTION OF THE C OMMONWEALTH OF M ASSACHUSETTS .

Preamble The end of the institution, maintenance, and administration of government, is to secure the existence of the body politic; to protect it; and to furnish the individuals who compose it, with the power of enjoying, in safety and tranquillity, their natural rights and the blessings of life: and whenever these great objects are not obtained, the people have a right to alter the government, and to take 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 by certain laws for the common good. It is the duty of the people, therefore, in framing a constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpretation, and a faithful execution of them; that every man may, at all times, find his security in them. We, therefore, the People of Massachusetts, acknowledging, with grateful hearts, the goodness of2 the great Legislator of the Universe, in affording 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

A Declaration Of the Rights of the Inhabitants of the Commonwealth of Massachusetts A RT. 1. All men are born 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 acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness. A RT. 2. It is the right as well as the duty of all men in society, publicly, and at stated seasons, to worship the S UPREME B EING, 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 G OD in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship. A RT. 3. As the public worship of God, and instructions in piety, religion, and morality, promote the happiness and prosperity of a people, and the security of a republican government; therefore, the several religious societies of this Commonwealth, whether corporate or unincorporate, at any meeting

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M ASSACHUSETTS legally warned and holden for that purpose, shall ever have the right to elect their pastors or religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses: And all persons belonging to any religious society shall be taken and held to be members, until they shall file with the clerk of such society a written notice declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made or entered into by such society: And all religious sects and denominations, demeaning themselves peaceably, and as good citizens of the Commonwealth, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be established by law. A RT. 4. The people of this Commonwealth have the sole and exclusive right of governing themselves, as a free, sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter, be by them expressly delegated to the United States of America, in Congress assembled. A RT. 5. All power residing originally in the people, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them. A RT. 6. No man, nor 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 services rendered to the public; and this title being in nature neither hereditary, nor

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transmissible to children, or descendants, or relations by blood, the idea of a man being born a magistrate, lawgiver, or judge, is absurd and unnatural. A RT. 7. Government is instituted for the common good; for the protection, safety, prosperity, and happiness of the people; and not for the profit, honor, or private interest of any one man, family, or class of men: Therefore the people alone have an incontestible, unalienable, and indefeasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it. A RT. 8. In order to prevent those, who are vested with authority, from becoming oppressors, the people have a right, at such periods, and in such manner as they shall establish by their 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. A RT. 9. All elections ought to be free; and all the inhabitants of this Commonwealth, having such qualifications as they shall establish by their frame of government, have an equal right to elect officers, and to be elected, for public employments. A RT. 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 standing laws. He is obliged, consequently, to contribute his share to the expense of this protection; to give his personal service, or an equivalent, when necessary: but no part of the property of any individual can, with justice, be taken from him, or applied to public uses, 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

FAILED C ONSTITUTION OF M ASSACHUSETTS (1853) representative body have given 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. A RT. 11. Every subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws. A RT. 12. The privilege and benefit of the writ of habeas corpus shall be enjoyed, in this Commonwealth, in the most free, easy, cheap, expeditious, and ample manner; and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a limited time not exceeding twelve months. A RT. 13. No subject shall be held to answer for any crimes or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself: and every subject shall have a right to produce all proofs, that may be favorable to him; to meet the witnesses against him face to face, and to be fully heard in his defence by himself, or his counsel, at his election: and no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land. And the legislature shall not make any law that shall subject any person to a capital or infamous punishment, excepting for the government of the army and navy, without trial by jury.

A RT. 14. 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. A RT. 15. Every subject has a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special 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 the laws. A RT. 16. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practised, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners’ wages, the Legislature shall hereafter find it necessary to alter it. A RT. 17. The liberty of the press is essential to the security of freedom in a state: it ought not, therefore, to be restrained in this Commonwealth. A RT. 18. The people have a right to keep and to bear arms for the common 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 an exact subordination to the civil authority, and be governed by it. A RT. 19. A frequent recurrence to the fundamental principles of the Constitution, and

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M ASSACHUSETTS a constant adherence to those of piety, justice, moderation, temperance, industry, and frugality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. The people ought, consequently, to have a particular attention to all those principles, in the choice of their officers and representatives; and they have a right to require of their lawgivers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the Commonwealth. A RT. 20. The people have a right, in an orderly and peaceable manner, to assemble to consult upon the common good; give instructions to their representatives; and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of3 the grievances they suffer. A RT. 21. The power of suspending the laws, or the execution of the laws, ought never to be exercised but by the Legislature, or by authority derived from it, to be exercised in such particular cases only as the Legislature shall expressly provide for. A RT. 22. The freedom of deliberation, speech and debate, in either House of the Legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever. A RT. 23. 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. A RT. 24. No subsidy, charge, tax, impost, or duties, ought to be established, fixed,

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laid, or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the Legislature. A RT. 25. 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. A RT. 26. No subject ought, in any case, or in any time, to be declared guilty of treason or felony by the Legislature. A RT. 27. No magistrate or court of law shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments. A RT. 28. In time of peace, no soldier ought to be quartered in any house without the consent of the owner; and in time of war, such quarters ought not to be made but by the civil magistrate, in a manner ordained by the Legislature. A RT. 29. 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 authority of the Legislature. A RT. 30. It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent, as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, and of every citizen, that the Judges of the Supreme Judicial Court should hold their offices by tenures established by the Constitution, and should have honorable salaries, which shall not be diminished during their continuance in office.

FAILED C ONSTITUTION OF M ASSACHUSETTS (1853) A RT. 31. In the government of this Commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers4 , or either of them: the judicial shall never exercise the legislative and executive powers or either of them: to the end it may be a government of laws and not of men.

The 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 COMMONWEALTH OF MASSACHUSETTS.

Chapter I General Court A RT. 1. The department of legislation shall be styled the General Court of Massachusetts. It shall consist of two branches, a Senate and a House of Representatives, each of which shall have a negative upon the other. A RT. 2. The political year shall begin on the first Wednesday in January; and the General Court shall assemble every year on the said first Wednesday in January, and shall be dissolved on the day next preceding the first Wednesday in January following, without any proclamation or other act of the governor. But nothing herein contained shall prevent the General Court from assembling at such other times as they shall judge necessary, or when called together by the governor. {A RT. 3. The compensation of members of the General Court shall be established by standing laws; but no act increasing the

compensation shall apply to the General Court which passes such act; and no compensation shall be allowed for attendance of members at any one session for a longer time than one hundred days.} A RT. 4. 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 originated; 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, present, shall, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the Legislature, where it shall also be reconsidered, and if approved by two-thirds of the members present, shall have the force of a law: but, in all such cases, the votes of both Houses shall be determined by yeas and nays; and the names of the persons 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, within five days after it shall have been presented to him, the same shall have the force of a law. But if any bill or resolve shall be objected to and not approved 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 approbation, and thereby prevent his returning it, with his

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M ASSACHUSETTS

{A RT. 6. The General Court shall have power to make laws regulating marriage, divorce and alimony, but shall in no case decree a divorce, or hear and determine any causes touching the validity of the marriage contract.}

annually, or provide, by fixed laws, for the naming and settling all civil officers within the said Commonwealth, the election and constitution of whom are 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 Commonwealth, and the forms of such oaths or affirmations as shall be respectively administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this Constitution; and to impose and levy proportional and reasonable assessments, 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, merchandise, 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 subjects thereof, according to such acts as are or shall be in force within the same.

A RT. 7. And further, full power and authority are hereby given and granted to the said General Court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions and instructions, either with penalties or without; so as the same be not repugnant or contrary to this Constitution, as they shall judge to be for the good and welfare of this Commonwealth, and for the government and ordering thereof, and of the subjects of the same, and for the necessary support and defence of the government thereof; and to name and settle

A RT. 8. The General Court shall have full power and authority to erect and constitute municipal or city governments in any corporate town or towns in this Commonwealth, and to grant to the inhabitants thereof such powers5 , privileges and immunities, not repugnant to the Constitution, 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 meet-

objections, as provided by the Constitution, such bill or resolve shall not become a law, nor have force as such. A RT. 5. The General Court shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be held in the name of the Commonwealth, for the hearing, trying, and determining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes and things, whatsoever, arising or happening within the Commonwealth, or between or 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, and whether the said pleas be real, personal or mixt; 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 administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them.

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FAILED C ONSTITUTION OF M ASSACHUSETTS (1853) ings: provided, that no such government 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 inhabitants 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 municipal or city government, shall be subject, at all times, to be annulled by the General Court. A RT. 9. Each branch of the General Court shall have authority to punish, by imprisonment, every person, not one of its members, who shall be guilty of disrespect thereto, by any disorderly or contemptuous behavior, in its presence; or who, in the town or city where the General Court is sitting, and during the time of its sitting, shall threaten harm to the body or estate of any of its members; or assault any of them for anything said or done in its session; or shall assault, or arrest, any witness, or other person, ordered to attend it, in his way in going, or returning; or who shall rescue any person arrested by its order: provided, that no imprisonment, on its warrant or order, for either of the above described offences, shall be for a term exceeding thirty days; and the governor and Council shall have the same authority to punish in like cases. And no member, during his going to, returning from, or attending, the General Court, shall be arrested, or held to bail, on mesne process. A RT. 10. Each branch of the General Court 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 committees of their own members, or in such other way as they may respectively think best. A RT. 11. Each branch shall be the final

judge of the elections, returns, and qualifications, of its members, as pointed out in the Constitution; shall choose a presiding officer from among its members; appoint its other officers; and settle its rules and orders of proceeding; and shall have power to adjourn, provided, such adjournment shall not exceed three days at a time. A RT. 12. And whereas the elections appointed to be made by this Constitution, on the first Wednesday in January 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. {A RT. 13. In all elections by the General Court, or either branch thereof, a majority of votes shall be required, and the members shall vote viva voce.} A RT. 14. The enacting style, in making and passing all acts, statutes and laws, shall be: B E IT ENACTED BY THE G ENERAL C OURT OF M ASSACHUSETTS.

Chapter II Senate {A RT. 1. There shall be annually elected by the inhabitants of this Commonwealth, qualified as in this Constitution is provided, forty persons to be senators, for the year ensuing their election; and the Senate shall be the first branch of the General Court. For this purpose, the General Court, holden next after the adoption of this Constitution, and next after each decennial census thereafter, shall divide the Commonwealth into forty districts, composed of contiguous territory, and as nearly equal in population as may be: provided, that no town or ward of a city be divided therefor. Each district shall be entitled to elect one senator, who shall have been an inhabitant of this Commonwealth for five years immediately preceding his election,

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M ASSACHUSETTS and at the time of his election shall be an inhabitant of the district for which he is chosen.} A RT. 2. There shall be a meeting on the Tuesday next after the first Monday in November annually, forever, of the inhabitants of each town and city in this Commonwealth, to be called and warned in due course of law, at least seven days before the day of such meeting, for the purpose of electing senators; and at such meetings every qualified voter shall have a right to give in his vote for a senator for the district of which he is an inhabitant. The selectmen of the several towns shall preside at the town meetings impartially; and shall receive the votes of all the inhabitants of such towns present and qualified to vote for a senator, and shall sort and count them in open town meeting, and in presence of the town clerk, who shall make a fair record, in presence of the selectmen, and, in open town meeting, of the name of every person voted for, and of the number of votes against his name; and a fair copy of this record shall be attested by the selectmen and the town clerk, and shall be sealed up, directed to the secretary of the Commonwealth, for the time being, with a superscription, expressing the purport of the contents thereof, and delivered by the town clerk of said towns, to the sheriff of the county in which such town lies, thirty days at least before the first Wednesday in January annually; or it shall be delivered into the secretary’s office seventeen days at least before the said first Wednesday in January; and the sheriff of each county shall deliver all such certificates, by him received, into the secretary’s office, seventeen days before the said first Wednesday in January. And the inhabitants of plantations unincorporated, qualified as this Constitution provides, shall have the same privilege of voting for a senator, in the plantations where they

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reside, as town inhabitants have in their respective towns; and the plantation meetings for that purpose shall be held annually on the same Tuesday next after the first Monday in November, at such place in the plantations respectively as the assessors thereof shall direct; which assessors shall have like authority for notifying the voters, collecting and returning the votes, as the selectmen and town clerks have in their several towns, by this Constitution. And all other persons living in places unincorporated, (qualified as aforesaid,) shall have the privilege of giving in their votes for a senator, in the town where the inhabitants of such unincorporated places shall be assessed, and be notified of the place of meeting by the selectmen of the said town for that purpose, accordingly. {A RT. 3. The Governor and Council shall, as soon as may be, examine the returned copies of the record, provided for in article second of this chapter, and ascertain who shall have received the largest number of votes in each of the several senatorial districts, and the person who has so received the largest number of votes in each of said districts shall be a senator for the following political year; and the governor shall cause each of said persons, so appearing to be elected, to be notified at least fourteen days before the first Wednesday in January of each year, to attend on that day, and take his seat accordingly. A RT. 4. Not less than twenty-one members shall constitute a quorum, for doing business; but a less number may organize, adjourn from day to day, and compel the attendance of absent members.} A RT. 5. The Senate shall be a court with full authority to hear and determine all impeachments made by the House of Representatives, against any officer or officers of the Commonwealth, for misconduct and

FAILED C ONSTITUTION OF M ASSACHUSETTS (1853) mal-administration in their offices; but, previous to the trial of every impeachment, the members of the Senate shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence. Their judgment, however, shall not extend further6 than to removal from office and disqualification to hold or enjoy any place of honor, trust, or profit, under this Commonwealth: but the party, so convicted, shall be, nevertheless, liable to indictment, trial, judgment and punishment, according to the laws of the land.

Chapter III House of Representatives A RT. 1. There shall be, in the Legislature of this Commonwealth, a representation of the people, annually elected, and founded upon the principle of equality. A RT. 2. And in order to provide for a representation of the citizens of this Commonwealth, founded upon the principle of equality, every corporate town, containing {less than one thousand inhabitants, may elect one representative in the year when the valuation of estates shall be settled, and, in addition thereto, one representative five years in every ten years. Every town containing one thousand inhabitants and less than four thousand, may elect one representative. Every town containing four thousand inhabitants and less than eight thousand, may elect two representatives. Every town containing eight thousand inhabitants and less than twelve thousand, may elect three representatives. Every city or town containing twelve thousand inhabitants, may elect four representatives. Every city or town containing over twelve thousand inhabitants, may elect one additional representative for every four thousand inhabitants it shall contain, over twelve thousand. Any two towns, each containing less than one thousand inhabitants, may, by consent of a majority of the

legal voters present at a legal meeting, in each of said towns respectively, called for that purpose, form themselves into a representative district, to continue for the term of not less than two years; and such district shall have all the rights, in regard to representation, which belong to a town having one thousand inhabitants. And this apportionment shall be based upon the census of the year one thousand eight hundred7 and fifty, until a new census shall be taken. A RT. 3. The Senate at its first session after this Constitution shall have been adopted, and at its first session after the next State census shall have been taken, and at its first session next after each decennial State census thereafterwards, shall apportion the number of representatives to which each town and city shall be entitled, and shall cause the same to be seasonably published; and in all apportionments after the first, the numbers which shall entitle any town or city, to two, three, four, or more representatives, shall be increased or diminished in the same proportion as the population of the whole Commonwealth shall have increased or decreased since the last preceding apportionment. A RT. 4. No town hereafter incorporated, containing less than fifteen hundred inhabitants, shall be entitled to choose a representative. A RT. 5. Each city, in this Commonwealth, shall be divided, by such means as the Legislature may provide, into districts of contiguous territory, as nearly equal in population as may be, for the election of representatives, which districts shall not be changed oftener than once in five years: provided, however, that no one district shall be entitled to elect more than three representatives.} A RT. 6. The members of the House of Representatives shall be chosen on the

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M ASSACHUSETTS Tuesday next after the first Monday in November, annually; but meetings may be adjourned, if necessary, for the choice of representatives, to the next day, and again to the next succeeding day, but no further8 : but in case a second meeting shall be necessary for the choice of representatives, such meetings shall be held on the fourth Monday of the same month of November.

He shall hold his office for one year next following the first Wednesday of January, and until another is chosen and qualified in his stead. And no person shall be eligible to this office, unless, at the time of his election, he shall have been an inhabitant of this Commonwealth for seven years next preceding.9

A RT. 1. There shall be a supreme executive magistrate, who shall be styled, T HE G OVERNOR OF THE C OMMONWEALTH OF M ASSACHUSETTS.

A RT. 3. Those persons who shall be qualified to vote for senators and representatives, within the several towns of this Commonwealth, shall, at a meeting to be called for that purpose, on the Tuesday next after the first Monday in November, annually, give in their votes for a governor, to the selectmen, who shall preside at such meeting, 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 number 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 list, attested by him and the selectmen, and transmit the same to the sheriff of the county, thirty days at least before the first Wednesday in January; and the sheriff’ shall transmit the same to the secretary’s office seventeen days at least before the said first Wednesday in January; or the selectmen may cause returns of the same to10 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 the House of Representatives, on the first Wednesday in January, to be by them examined; and in case of an election, the choice shall be by them declared and published.

A RT. 2. The governor shall be a citizen of Massachusetts, and shall be chosen annually, by the inhabitants of the towns and cities of this Commonwealth, on the Tuesday next after the first Monday in November.

A RT. 4. The governor shall have authority, from time to time, at his discretion, to assemble and call together the councillors of this Commonwealth for the time being; and the governor, with the said councillors, or

A RT. 7. 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. A RT. 8. Every member of the House of Representatives shall have been for one year, at least, next preceding his election, an inhabitant of the town he shall be chosen to represent. A RT. 9. The House of Representatives shall be the grand inquest of this Commonwealth; and all impeachments made by them shall be heard and tried by the Senate. A RT. 10. All money bills shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills. A RT. 11. Not less than one hundred members of the House of Representatives shall constitute a quorum for doing business.

Chapter IV Governor

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FAILED C ONSTITUTION OF M ASSACHUSETTS (1853) 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 the laws of the land. A RT. 5. The governor, with 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 in the recess of the said Court, to prorogue the same from time to time, not exceeding ninety days in any one recess; and to call it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the Commonwealth shall require the same; and in case of any infectious distemper prevailing in the place where the said Court is next at any time to convene, or any other 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 the most convenient place within the State. A RT. 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 determine the public good shall require. A RT. 7. The power of pardoning offences, 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 conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence, or offences intended to be pardoned.

A RT. 8. 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, upon the address of both Houses of the General Court. A RT. 9. Coroners shall be nominated and appointed 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. A RT. 10. No moneys shall be issued out of the treasury of this Commonwealth and disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurer’s notes, or for the payment of interest arising thereon) but by warrant under the hand of the governor for the time being, with 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 acts and resolves of the General Court. A RT. 11. 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 appendages, and small arms with their accoutrements, and of all other public property whatever under their care, respectively; distinguishing the quantity, number, quality and kind of each, as particularly as may be; together with the condition of such forts and garrisons; and the said commanding officer shall exhibit to the governor, when required

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M ASSACHUSETTS by him, true and exact plans of such forts, and of the land and sea, or harbor or harbors, adjacent. And the said boards, and all public officers, shall communicate to the governor, as soon as may be after receiving the same, all letters, despatches, and intelligences of a public nature, which shall be directed to them respectively. A RT. 12. As the public good requires that the governor should not be under the undue influence of any of the members of the General Court, by a dependence on them for his support – that he should, in all cases, act with freedom for the benefit of the public – that he should not have his attention necessarily diverted from that object to his private concerns – and that he should maintain the dignity of the Commonwealth in the character of its chief magistrate – it is necessary that he should have an honorable 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 commencement of this Constitution, to establish such salary by law accordingly.

Chapter V Lieutenant-Governor A RT. 1. There shall be annually elected a Lieutenant-Governor of the Commonwealth of Massachusetts, who shall be qualified in the same manner with the governor; and the day and manner of his election, the qualifications of the voters, the return of the votes, and the declaration of the election, shall be the same as in the election of a governor. {And the lieutenant-governor shall hold his office for one year next following the first Wednesday of January, and until another is chosen and qualified in his stead.}

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A RT. 2. The governor, and in his absence, the lieutenant-governor, shall be 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. A RT. 3. Whenever, by reason of sickness or absence from the Commonwealth, or otherwise, the governor shall be unable to perform his official duties, the lieutenantgovernor, for the time being, shall have and exercise all the powers and authorities, and perform all the duties of governor; and whenever the chair of the governor shall be vacant, by reason of his resignation, death, or removal from office, the lieutenantgovernor shall be governor of the Commonwealth.

Chapter VI Council A RT. 1. There shall be a Council for advising the governor in the executive part of the government, to consist of eight persons besides the lieutenant-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 councillors, or five of them at least, shall and may, from time to time, hold and keep a Council, for the ordering and directing the affairs of the Commonwealth, according to the laws of the land. {A RT. 2. Eight councillors shall be annually chosen by the people; and for that purpose the State shall be divided by the General Court into eight districts, each district to consist of five contiguous senatorial districts, and entitled to elect one councillor, who shall hold his office for one year next following the first Wednesday in January, and

FAILED C ONSTITUTION OF M ASSACHUSETTS (1853) until a successor is chosen and qualified in his stead.} A RT. 3. No person shall be elected a councillor who has not been an inhabitant of this Commonwealth for the term of five years immediately preceding his election. {A RT. 4. The day and manner of the election of councillors, the qualifications of the voters, the return of the votes, and the declaration of the elections, shall be the same as are required in the election of senators; and the person having the highest number of votes shall be declared to be elected. A RT. 5. No councillor, during the time for which he is elected, shall be appointed on any commission or to any place and receive compensation therefor.} A RT. 6. The councillors, in the civil arrangements of the Commonwealth, shall have rank next after the lieutenant-governor. A RT. 7. The resolutions and advice of the Council shall be recorded in a register, and signed by the members present; and any member of the Council may insert his opinion contrary to the resolution of the majority. This record shall always be subject to public examination, and may be called for by either House of the Legislature. A RT. 8. Whenever the office of the 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 execute all and every such acts, matters and things, as the governor or the lieutenant-governor might or could, by virtue of this Constitution, do or execute, if they, or either of them, were personally present.

Chapter VII Secretary, Treasurer, Attorney-General, Auditor, District-Attorney, and County Officers11 {A RT. 1. The secretary, treasurer, auditor and attorney-general, shall be chosen by the people, annually, on the Tuesday next after the first Monday in November; and they shall hold their offices, respectively, for one year next following the first Wednesday in the succeeding January, and until their successors are chosen and qualified in their stead. The day and manner of their election, the qualifications of the voters, the return of the votes, and the declaration of the elections, shall be the same as are required in the election of governor.} A RT. 2. No man shall be eligible as treasurer, more than five years successively. A RT. 3. 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. {A RT. 4. Judges of probate, registers of probate, sheriffs, clerks of the courts, commissioners of insolvency, district-attorneys, registers of deeds, county treasurers, and county commissioners, shall be elected triennially by the people of their respective counties and districts, on the Tuesday next after the first Monday in November, and shall hold their offices, respectively, for three years next following the first Wednesday in the succeeding January, and until their respective successors are chosen and qualified in their stead. The manner of their election, the qualifications of the voters, the return of the votes,

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M ASSACHUSETTS and the declaration of the elections, shall be the same as are required in the election of senators; and the person having the highest number of votes shall be elected.}

Chapter VIII Judiciary Power {A RT. 1. The judicial power of the Commonwealth shall be vested in a Supreme Judicial Court, and such other courts as the Legislature may from time to time establish.} A RT. 2. 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 for the term of ten years, excepting such concerning whom there is different provision made in this Constitution. And upon the expiration of such term they may be reappointed; and all judicial officers for whose appointment a different provision is not made in this Constitution, shall be nominated and appointed by the governor, by and with the advice and consent of the Council, and they 12 may be removed by the governor, with consent of the Council, upon the address of both Houses of the Legislature. {A RT. 3. The present justices of the Supreme Judicial Court shall hold their offices according to their respective commissions; and the present justices of the Court of Common Pleas shall hold their offices by the same tenure, while the law establishing the said Court of Common Pleas shall continue. All nominations of judicial officers, whose term of office is by this Constitution limited to ten years, shall be publicly announced at least seven days before their appointment: and no person who shall have been commissioned after the tenth day of August, in the year one thousand eight hundred and

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fifty-three, shall hold by any longer tenure of office than the term of ten years. A RT. 4. Neither the governor and Council, nor the two branches of the Legislature, or either of them, shall hereafter propose questions to justices of the Supreme Judicial Court, and require their opinions thereon.} A RT. 5. The judges of probate of wills, and for granting letters of administration, shall hold their courts at such place or places, on fixed days, as the convenience of the people shall require; 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. {A RT. 6. Justices of the peace, justices of the peace and quorum, justices of the peace throughout the Commonwealth, and commissioners to qualify civil officers, may be appointed by the governor and Council for a term of seven years; and upon the expiration of any commission, the same may be renewed; and those now in office shall continue therein according to the tenure of their respective commissions: provided, that the jurisdiction of the justices named in this article, shall not extend to the hearing or trial of any causes, or the issuing of warrants in criminal cases. A RT. 7. Trial justices shall be elected by the legal voters of the several towns and cities, where, at the time of such election there is no Police Court established by law, who shall hold their offices for a term of three years, and have the same jurisdiction, powers, and duties, as are now exercised by justices of the peace, or such as may hereafter be established by law. Every city or town, authorized as herein provided, shall elect a trial justice, and may elect one additional, for each two thousand inhabitants

FAILED C ONSTITUTION OF M ASSACHUSETTS (1853) therein, according to the next preceding decennial census: provided, however, that any trial justice who shall remove from the city or town in which he was elected shall thereby vacate his office. A RT. 8. Justices and clerks of the Police Courts of the several cities and towns of the Commonwealth, shall be elected by the legal voters thereof, respectively, for a term of three years.}

Chapter IX Qualifications of Voters, and Elections A RT. 1. Every male citizen, of twentyone years of age and upwards, (excepting paupers and persons under guardianship,) who shall have resided within the Commonwealth one year, and within the town or district, in which he may claim a right to vote, six calendar months next preceding any election of any national officer, or any State13 officer required by this Constitution to be elected by the people, shall have a right to vote in such election; and no other person shall have such right. {A RT. 2. All ballots required by law to be given at any national, state, county, district, or city election, including elections for representatives and trial justices, justices and clerks of police courts,14 shall be deposited in sealed envelopes of uniform size and appearance, to be furnished by the Commonwealth. A RT. 3. Lists of the names of qualified voters shall be used at all elections required by this Constitution. They shall be made out and used in such manner as shall be by law provided. The presiding officers at such elections shall receive the votes of all persons whose names are borne on such lists, and shall not be held answerable for refusing the votes of any persons whose names are not borne thereon.

A RT. 4. All meetings for the choice of national, state, county, or district officers, including representatives, trial justices, clerks and justices of police courts,15 by the people, shall be held on the Tuesday next after the first Monday in November, annually; and they shall be called by the mayor and aldermen of the cities, and the selectmen of the towns, and warned in due course of law. The manner of calling and holding public meetings in cities, for the election of officers under this Constitution, and the manner of returning the votes given at such meetings, shall be as now prescribed, or as shall hereafter be prescribed by the Legislature. A RT. 5. A majority of all the votes given shall be necessary to the election of governor, lieutenant-governor, secretary, treasurer, auditor, and attorney-general, of the Commonwealth, until otherwise provided by law, but no such law providing that such officers, or either of them, or representatives to the General Court, shall be elected by plurality, instead of a majority of votes given, shall take effect until one year after its passage; and if at any time after any such law shall have taken effect, it shall be repealed, such repeal shall not become a law until one year after the passage of the repealing act; and in the absence of any such law, if at any election of either of the above-named officers, except the representatives to the General Court, no person shall have a majority of the votes given, the House of Representatives shall elect two out of three persons then eligible, who had the highest number of votes, if so many shall have been voted for, and return the persons so elected to the Senate, from whom the Senate shall choose one who shall be the officer thus to be elected. A RT. 6. A majority of votes shall be required in all elections of representatives to the General Court, until otherwise provided by law.

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M ASSACHUSETTS A RT. 7. In the election of all city or town officers, such rule of election shall govern as the Legislature may by law prescribe. A RT. 8. In all elections of councillors and senators, and in all elections of county or district officers, the person having the highest number of votes shall be elected. A RT. 9. Whenever, in any election, where the person having the highest number of votes may be elected, there is a failure of election because two persons have an equal number of votes, subsequent trials may be had at such times as may be prescribed by the Legislature.}

form, omitting the word “swear,” and substituting the word “affirm;” and omitting the words “So help me God,” and subjoining instead thereof the words “And this I do under the pains and penalties of perjury.”} And the said oaths or affirmations shall be taken and subscribed, by the governor and lieutenant-governor before the president of the Senate, in presence of the two Houses in convention; and by councillors before the president of the Senate and in presence of the Senate; and by the senators and representatives before the governor and council for the time being; and by the residue of the officers aforesaid before such persons, and in such manner, as shall from time to time be prescribed by law.

Chapter X Oaths and Subscriptions; Incompatibility of and Exclusion from Offices; Continuation of Officers; Commissions; Writs; Confirmation of Laws A RT. 1. The following oath16 shall be taken and subscribed by every person chosen or appointed to any office, civil or military, under the government of the 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; and that I will faithfully and impartially discharge and perform all the duties incumbent on me as {here insert the office}, according to the best of my abilities and understanding, agreeably to the Constitution and laws of the Commonwealth. So help me God.” {Provided, that when any person, chosen or appointed as aforesaid, shall be conscientiously scrupulous of taking and subscribing an oath, and shall for that reason decline taking the above oath, he shall make and subscribe his affirmation in the foregoing

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A RT. 2. No governor, lieutenant-governor, or judge of the Supreme Judicial Court or Court of Common Pleas, shall hold any other office under the authority of this Commonwealth, except such as by this Constitution they are admitted to hold, saving that the judges of the said courts may hold the offices of justices of the peace through the State; nor shall they hold any other office, or receive any pension or salary from any other State, or government, or power whatever, except that they may be appointed to take depositions, or acknowledgments of deeds, or other legal instruments, by the authority of other States or countries. {No person shall hold or exercise at the same time more than one of the following offices, to wit: the office of governor, lieutenant-governor, senator, representative, judge of the Supreme Judicial Court, or Court of Common Pleas, secretary of the Commonwealth, attorney-general, treasurer, auditor, councillor, judge of probate, register of probate, register of deeds, sheriff or his deputy, clerk of the Supreme Judicial Court, or Court of Common Pleas, clerk of the Senate or House of Representatives; and any person holding either of the above

FAILED C ONSTITUTION OF M ASSACHUSETTS (1853) offices shall be deemed to have vacated the same by accepting a seat in the Congress of the United States, or any office under the authority of the United States, the office of postmaster excepted. And no person shall be capable of holding at the same time more than two offices, which are held by appointment of the governor, or governor and Council, or the Senate, or the House of Representatives, military offices, and the offices of justices of the peace, justices of the peace and quorum, notaries public, and commissioners to qualify civil officers, excepted.} A RT. 3. 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 Commonwealth, who shall, in the due course of law, have been convicted of bribery or corruption, in obtaining an election or appointment. A RT. 4. All commissions shall be in the name of the Commonwealth of Massachusetts, signed by the governor, and attested by the secretary or his deputy, and have the great seal of the Commonwealth affixed thereto. A RT. 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, and be signed by the clerk of such court. A RT. 6. All the laws, which have heretofore been adopted, used, and approved in the Province, Colony, State or Commonwealth of Massachusetts, 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 excepted as are repugnant to the rights and liberties contained in this Constitution.

Chapter XI Militia A RT. 1. The governor shall be the commander-in-chief of the army and navy of the Commonwealth, and of the Militia thereof, excepting when these forces shall be actually in the service of the United States; and shall have power to call out any part of the military force to aid in the execution of the laws, to suppress insurrection, and to repel invasion. {A RT. 2. All citizens of this Commonwealth liable to military service, except such as may by law be exempted, shall be enrolled in the militia, and held to perform such military duty as by law may be required. A RT. 3. The militia may be divided into convenient divisions, brigades, regiments, squadrons, battalions, and companies; and officers with appropriate rank and titles may be elected to command the same. And the discipline of the militia shall be made to conform, as nearly as practicable, to the discipline of the army of the United States. A RT. 4. The governor shall appoint an adjutant-general, a quartermaster-general, and such other general staff-officers as shall be designated by law; who shall be commissioned by him for the term of one year, and until their successors shall be commissioned and qualified. And the adjutantgeneral and quartermaster-general shall have salaries fixed by law, which shall be in full for all services rendered by them in their several offices. A RT. 5. The major-generals shall be elected by the votes of the brigadiergenerals and field-officers of the brigades, regiments, squadrons, and battalions of the respective divisions. A RT. 6. The brigadier-generals shall be elected by the votes of the field-officers of

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M ASSACHUSETTS the regiments, squadrons, and battalions, and captains of companies, of the respective brigades.

squadrons, and battalions, shall severally appoint such staff-officers as shall be designated by law in their respective commands.

A RT. 7. The field-officers of regiments, squadrons, and battalions, shall be elected by the votes of the captains and subalterns of companies of the respective regiments, squadrons, and battalions.

A RT. 14. All non-commissioned officers, whether of staff or company, and all musicians, shall be appointed in such manner as may be prescribed by law.

A RT. 8. The captains and subalterns shall be elected by the members of the respective companies. A RT. 9. All elections of military officers shall be by a majority of the written votes of those present and voting, and no person, within the description of a voter as hereinbefore specified, shall be disqualified by reason of his being a minor. A RT. 10. The Legislature shall prescribe the time and manner of convening the electors here inbefore named, of conducting the elections, and of certifying to the governor the names of the officers elected. A RT. 11. The several officers elected shall be forthwith commissioned by the governor for the term of three years from the dates of their respective commissions, and until their successors shall be commissioned and qualified. A RT. 12. If the electors of the several officers before-named shall refuse or neglect to make an election, for the space of three months after legal notice of a meeting for that purpose, the governor shall appoint and commission for three years a suitable person to fill the vacant office, with the advice of the Council if the vacancy be that of a major-general, or with the advice of the major-general of the division in which the appointment is to be made, if the vacancy be of an inferior grade. A RT. 13. Major-generals, brigadiergenerals, and commandants of regiments,

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A RT. 15. All officers of the militia may be removed from office by sentence of courtmartial, or by such other modes as may be prescribed by law.}

Chapter XII The University at Cambridge; the School Fund; and the Encouragement of Literature A RT. 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 G OD, been initiated in 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 literature, tends to the honor of God, the advantage of the Christian religion, and the great benefit of this, and the other United States of America – it is declared, that the P RESI DENT and F ELLOWS of H ARVARD C OLLEGE, in their corporate capacity, and their successors in that capacity, their officers and servants, shall have, hold, use, exercise and enjoy, all the powers, authorities, rights, liberties, privileges, immunities and franchises, which they now have, or are entitled to have, hold, use, exercise and enjoy; and the same are hereby ratified and confirmed unto them, the said President and Fellows of Harvard College, and to their successors, and to their officers and servants, respectively, forever. But the Legislature shall always have full power and authority, as may be judged

FAILED C ONSTITUTION OF M ASSACHUSETTS (1853) needful for the advancement of learning, to grant any further 17 powers to the President and Fellows of Harvard College, or to alter, limit, annul, or restrain, any of the powers now vested in them: provided, the obligation of contracts shall not be impaired; and shall have the like power and authority over all corporate franchises hereafter granted, for the purposes of education, in this Commonwealth. A RT. 2. And whereas there have been, at sundry times, by divers persons, gifts, grants, devises of houses, lands, tenements, goods, chattels, legacies and conveyances, heretofore made, either to Harvard College in Cambridge, in New England, or to the President and Fellows of Harvard College, or to the said College by some other description, under several charters successively; it is declared, that all the said gifts, grants, devises, legacies and conveyances, are hereby forever confirmed unto the President and Fellows of Harvard College, and to their successors, in the capacity aforesaid, according to the true intent and meaning of the donor or donors, grantor or grantors, devisor or devisors. A RT. 3. And whereas by an Act of the General Court of the Colony of Massachusetts Bay, passed in the year one thousand six hundred and forty-two,18 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, lieutenantgovernor, 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 Dorchester, mentioned in the said Act, shall be, and hereby are, vested with all the powers and authority belonging, or in any way appertaining, to the overseers of Harvard College: provided, that nothing herein shall be construed to prevent the 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, in as full a manner as might have been done by the Legislature of the late Province of the Massachusetts Bay. {A RT. 4. It shall be the duty of the Legislature, as soon as may be, to provide for the enlargement of the School Fund of the Commonwealth, until it shall amount to a sum not less than two millions of dollars; and the said fund shall be preserved inviolate, and the income thereof shall be annually appropriated for the aid and improvement of the common schools of the State, and for no other purpose.} A RT. 5. Wisdom, and knowledge, as well as virtue, diffused generally among 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 different orders of the people, it shall be the duty of Legislatures and magistrates, in all future periods of this Commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them; especially the University at Cambridge, public schools, and grammar schools in the towns; to encourage private societies, and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country; to countenance

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M ASSACHUSETTS and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings; sincerity, good humor, and all social affections, and generous sentiments among the people.

Chapter XIII Miscellaneous Provisions A RT. 1. A census of the inhabitants of each city and town in the Commonwealth, on the first day of May in the year one thousand eight hundred 19 and fifty-five, and on the first day of May of each tenth year thereafter, shall be taken and returned into the secretary’s office, on or before the last day of the June following the said first day of May in each of said years; and while the public charges of government, or any part thereof, shall be assessed on polls and estates, in the manner that has hitherto been practised, in order that such assessments may be made with equality, there shall be a valuation of estates within the Commonwealth taken anew once in every ten years at least, and as much oftener as the General Court shall order. {A RT. 2. Persons holding office by election or appointment, when this Constitution takes effect, shall continue to discharge the duties thereof until their term of office shall expire, or officers authorized to perform their duties, or any part thereof, shall be elected and qualified, pursuant to the provisions of this20 Constitution; when all powers not reserved to them by the provisions of this21 Constitution shall cease: provided, however, that justices of the peace, justices of the peace and of the quorum, and commissioners of insolvency, shall be authorized to finish and complete all proceedings pending before them at the time, when their powers and duties shall cease, or be altered as

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aforesaid. All laws in force when this Constitution goes into effect, not inconsistent therewith, shall continue in force until amended or repealed. A RT. 3. The Legislature shall provide, from time to time, the mode in which commissions or certificates of election shall be issued to all officers elected pursuant to the Constitution, except in cases where provision is made therein. A RT. 4. The governor, by and with the consent of the Council, may at any time, for incapacity, misconduct or mal-administration in their offices, remove from office, clerks of courts, commissioners of insolvency, judges and registers of probate, districtattorneys, registers of deeds, county treasurers, county commissioners, sheriffs, trial justices, and justices and clerks22 of police Courts: provided, that the cause of their removal be entered upon the records of the Council, and a copy thereof be furnished to the party to be removed, and a reasonable opportunity be given him for defence. And the governor may at any time, if the public exigency demand it, either before or after such entry and notice, suspend any of said officers, and appoint substitutes, who shall hold office until the final action upon the question of removal. A RT. 5. Whenever a vacancy shall occur in any elective office, provided for in this Constitution, except that of governor, lieutenant-governor, councillor, senator, member of the House of Representatives, and town and city officers, the governor for the time being, by and with the advice and consent of the Council, may appoint some suitable person to fill such vacancy, until the next annual election, when the same shall be filled by a new election, in the manner to be provided by law: provided, however, that23 trial justices shall not be deemed to be town officers for this purpose.

FAILED C ONSTITUTION OF M ASSACHUSETTS (1853) A RT. 6. All elections provided to be had under this24 Constitution shall, unless otherwise provided, be first held on the Tuesday next after the first Monday of November, in the year25 one thousand eight hundred and fifty-four. A RT. 7. This Constitution shall go into operation on the first Monday in February, in the year one thousand eight hundred and fifty-four. A RT. 8. The terms of all elective officers, not otherwise provided for in this Constitution, shall commence on the first Wednesday in January next after their election.} A RT. 9. In order to remove all doubt of the meaning of 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. A RT. 10. This form of government shall be enrolled on parchment, and deposited in the secretary’s office, and be a part of the laws of the land; and printed copies thereof shall be prefixed to the book containing the laws of this Commonwealth, in all future editions of the said laws.

Chapter XIV Revision and Amendments of the Constitution {A RT. 1. A Convention to revise or amend this Constitution may be called and held in the following manner: At the general election in the year one thousand eight hundred and seventy-three, and in each twentieth year thereafter, the qualified voters in State elections shall give in their votes upon the question, “Shall there be a Convention to revise the Constitution?” which votes shall be received, counted, recorded, and declared,

in the same manner as in the election of governor; and a copy of the record thereof shall, within one month, be returned to the office of the Secretary of State, who shall, thereupon, examine the same, and shall officially publish the number of yeas and nays, given upon said question, in each town and city, and if a majority of said votes shall be in the affirmative, it shall be deemed and taken to be the will of the people that a Convention shall meet accordingly; and thereafter, on the first Monday of March ensuing, meetings shall be held, and delegates shall be chosen, in all the towns, cities, and districts, in the Commonwealth, in the manner and number then provided by law for the election of the largest number of representatives, which the towns, cities, and districts shall then be entitled to elect in any year of that decennial period. And such delegates shall meet in Convention at the State House, on the first Wednesday of May next ensuing, and when organized, shall have all the powers necessary to execute the purpose for which such Convention was called; and may establish the compensation of its officers and members, and the expense of its session, for which the governor, with the advice and consent of the council, shall draw his warrant on the treasury. And if such alterations and amendments, as shall be proposed by the Convention, shall be adopted by the people, voting thereon in such manner as the Convention shall direct, the Constitution shall be deemed and taken to be altered or amended accordingly. And it shall be the duty of the proper officers, and persons in authority, to perform all acts necessary to carry into effect the foregoing provisions. A RT. 2. Whenever towns or cities containing not less than one-third of the qualified voters of the Commonwealth, shall at any meeting for the election of State officers, request that a Convention be called to revise the Constitution, it shall be the duty of the

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M ASSACHUSETTS Legislature, at its next session, to pass an Act for the26 calling of the same, and submit the question to the qualified voters of the Commonwealth, whether a Convention shall be called accordingly: provided, that nothing herein contained shall impair the power of the Legislature to take action for calling a Convention, without such request, as heretofore practised in the27 Commonwealth.} A RT. 3. If, at any time hereafter, any specific and particular amendment 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 journals of the two Houses, with the yeas and nays taken thereon, and referred to the General Court then next to be chosen, and shall be published; and if, in the General Court next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of the senators and two-thirds of the members of the House of Representatives, present 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 purpose, they shall become part of the Constitution of this Commonwealth. {A RT. 4. The Legislature which shall be chosen at the general election on the Tuesday next after the first Monday in November, in the year one thousand eight hundred and fifty-five, shall divide the State into forty single districts for the choice of senators, such districts to be of contiguous territory, and as nearly equal as may be in the number of qualified voters resident in each; and

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shall also divide the State into28 single or double districts, to be of contiguous territory, and as nearly equal as may be in the number of qualified voters resident in each, for the choice of not less than two hundred and forty, nor more than three hundred and twenty representatives; with proper provisions for districting the Commonwealth as aforesaid, in the year one thousand eight hundred and sixty-six, and every tenth year thereafter; and with all other provisions necessary for carrying such system of districts into operation; and shall submit the same to the people at the general election to be held in the year one thousand eight hundred and fifty-six, for their ratification; and if the same shall be ratified and adopted by the people, it shall become a part of this Constitution in place of the provisions contained in this Constitution for the apportionment of senators and representatives.}

Proposition Number 29 Two The writ of habeas corpus shall be granted as of right in all cases in which a discretion is not especially conferred upon the court by the Legislature; but the Legislature may prescribe forms of proceeding preliminary to the obtaining of the writ.

Proposition Number Three In all trials for criminal offences, the jury, after having received the instruction of the court, shall have the right, in their verdict of guilty or not guilty, to determine the law and the facts of the case, but it shall be the duty of the court to superintend the course of the trials, to decide upon the admission and rejection of evidence, and upon all questions of law raised during the trials, and upon all collateral and incidental proceedings; and also to allow bills of exceptions. And the

FAILED C ONSTITUTION OF M ASSACHUSETTS (1853) court may grant a new trial in case of conviction.

such purposes, or the capital stock of chartered banks may be increased, under general laws.

Proposition Number Four

The Legislature shall provide by law for the registry of all notes or bills authorized by general laws to be issued or put in circulation as money; and shall require ample security for the redemption of such notes in specie.30

Every person having a claim against the Commonwealth, ought to have a judicial remedy therefor.

C OMMONWEALTH OF M ASSACHUSETTS

Proposition Number Five No person shall be imprisoned for any debt hereafter contracted, unless in cases of fraud.

I N C ONVENTION , AUGUST 1, 1853 A true copy of the Resolutions adopted by the Convention, and of the several Constitutional propositions annexed. Attest,

Proposition Number Six All moneys raised by taxation in the towns and cities, for the support of public schools, and all moneys which may be appropriated by the State for the support of common schools, shall be applied to and expended in no other schools than those which are conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is to be expended; and such moneys shall never be appropriated to any religious sect, for the maintenance, exclusively, of its own schools.

Proposition Number Seven The Legislature shall not create corporations by special act when the object of the incorporation is attainable by general laws.

Proposition Number Eight The Legislature shall have no power to pass any act granting any special charter for banking purposes, or any special act to increase the capital stock of any chartered bank; but corporations may be formed for

N. P. BANKS, J R ., President. W. S. R OBINSON, J AS . T. R OBINSON,

 Secretaries.

1

Verified by The Constitutional Propositions, Adopted by the Convention of Delegates, Assembled at Boston, on the First Wednesday of May, A.D. 1853, and Submitted to the People for their Ratification, with an Address to the People of Massachusetts, Boston: Published by Order of the Convention. White & Potter, State Printers, 1853, 40 p., and checked against the versions as published in Official Report of the Debates and Proceedings in The State Convention, Assembled May 4th, 1853, to Revise and Amend the Constitution of the Commonwealth of Massachusetts, III, Boston: White & Potter, Printers to the Convention, 1853, 738–752, in Journal of the Convention of the Commonwealth of Massachusetts, Begun and Held in Boston, on the Fourth Day of May, 1853. Printed by Order of the Convention, Boston: White & Potter, Printers to the Convention, 1853, 383–415, and in Documents Printed by Order of the Constitutional Convention of the Commonwealth of Massachusetts, During the Session, A.D. 1853, Boston: White & Potter, Printers to the State, 1853, 1–40. The original manuscript is not known to have survived. Spelling, capitalization, and punctuation follow the Constitutional Propositions. Obvious typographical errors have been tacitly corrected and are passed over in the annotations. The Constitutional Propositions and the Convention Debates employed the following procedure to denote amendments: "Amendments adopted by the

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M ASSACHUSETTS Convention, which stand as separate articles or paragraphs, are enclosed in brackets, to distinguish them from existing provisions of the Constitution. Where an amendment has been made, by adding words to an article or paragraph in the existing Constitutions, the amendment is printed in Italics" (Convention Debates, III, 737). These square brackets have here been replaced by curly brackets. Italics were additionally used for legal terms in Latin and legal reservations, such as ‘provided’. The Convention Journal refrained from emphasizing these alterations and additions, whereas the Convention Documents used italics but no square brackets. The proposed constitution was heavily debated and vehemently rejected by the conservative elite of the state (cf. Discussions on the Constitution proposed to the People of Massachusetts by the Convention of 1853, Boston: Little, Brown, and Company, 1854, which, on some 300 pages, published the arguments of six opponents, and distributed the book for free in 1854). On November 14, 1853, the people voted on the proposed constitution (Proposition No. 1) and on the seven additional propositions, each referring to a specific stipulation to be retained in the proposed constitution or not. The propositions divided the state into a pro-constitution west (Cos. of Worcester, Hampden, Franklin, Berkshire, and Bristol) and an anticonstitution east (Cos. of Suffolk, Essex, Middlesex, Hampshire, Norfolk, Plymouth, Barnstable, Nantucket, and Dukes). The outcome was close: 63,222 for the proposed constitution, 68,150 against it. The seven other propositions were also rejected, though Proposition No. 6 only narrowly (cf. Convention Debates, III, 756–768). - In Convention Documents, 1, “Proposition Number One” missing. 2 In Convention Journal, 383, last three words missing. 3 Ibid., 387, word missing. 4 In Convention Debates, III, 741, “power”. 5 Ibid., 742, “power”. 6 Ibid., 743, “farther”.

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7

In Convention Documents, 16, “eighteen hundred”. In Convention Debates, III, 744, “farther”. 9 In Convention Documents, 17, last sentence of article missing. 10 Ibid., 18, word missing. 11 Ibid., 23, “Secretary, Treasurer, Auditor, and Attorney-General”. 12 Ibid., 24, instead of text set in italics and as discussed and adopted on August 1 (cf. Convention Debates, III, 685–694, 711–713), the following, without italics: “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 Commonwealth; and all judicial officers”. 13 In Convention Documents, 26, word missing. 14 Ibid., “justices and clerks of police courts,” missing. 15 Ibid., “including representatives, trial justices, clerks and justices of police courts,” missing. 16 In Convention Journal, 404, “oaths”. 17 In Convention Debates, 749, “farther”. 18 Cf. The Laws and Liberties of Massachusetts. Reprinted from the Copy of the 1648 Edition in The Henry E. Huntington Library, With an Introduction by Max Farrand, Cambridge, MA: Harvard University Press, 1929, 12 (“Colledge”). 19 In Convention Documents, 34, “eighteen hundred”. 20 Ibid., 35, “this amended”. 21 Ibid., “this amended”. 22 Ibid., last two words missing. 23 Ibid., word missing. 24 Ibid., “this amended”. 25 Ibid., 36, last three words missing. 26 In Convention Journal, 413, word missing. 27 Ibid., and in Convention Documents, 37, “this”. 28 In Convention Documents, 38, “in”. 29 Ibid., 39–40, last two words here and in all six subsequent cases missing. 30 In Convention Journal, 415, and in Convention Documents, 40, rest missing. 8

Constitution of Michigan (1835) Constitution of the State of Michigan1

In convention, begun at the city of Detroit on the second monday of May, in the year one thousand eight hundred and thirty five. We, the PEOPLE of the territory of Michigan, as established by the act of Congress of the Eleventh day2 of January, in the year3 one thousand eight hundred and five4 , in conformity to the fifth article of the ordinance providing for the government of the territory of the United States north west of the River Ohio5 , believing that the time has arrived when our present political condition ought to cease, and the right of selfgovernment be asserted; and availing ourselves of that provision of the aforesaid ordinance of the congress of the United States of the thirteenth day of July, one thousand seven hundred and eighty seven6 , and the acts of congress passed in accordance therewith, which entitled us to admission into the Union, upon a condition which has been fulfilled, do, by our delegates in convention assembled, mutually agree to form ourselves into a free and independent state, by the style and title of “The state of Michigan,” and do ordain and establish the following constitution for the government of the same.

ARTICLE I S ECT.7 1. All political power is inherent in the people. S ECT. 2. Government is instituted for the protection, security, and benefit of the people; and they have the right, at all times, to

alter or reform the same, and to abolish one form of government, and establish another, whenever the public good requires it. S ECT. 3. No man or set of men are entitled to exclusive or separate privileges. S ECT. 4. Every person has a right to worship Almighty God according to the dictates of his own conscience; and no person can of right be compelled to attend, erect, or support, against his will, any place of religious worship, or pay any tythes, taxes, or other rates, for the support of any minister of the gospel, or teacher of religion. S ECT. 5. No money shall be drawn from the treasury for the benefit of religious societies, or theological or religious seminaries. S ECT. 6. The civil and political rights, privileges, and capacities of no individual, shall be diminished or enlarged on account of his opinions or belief concerning matters of religion. S ECT. 7. Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no laws8 shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury, that the matter charged as libellous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

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M ICHIGAN S ECT. 8. The person, houses, papers, and possessions of every individual shall be secure from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affirmation. S ECT. 9. The right of trial by jury shall remain inviolate. S ECT. 10. In all criminal prosecutions, the accused shall have the right to a speedy and public trial by an impartial jury of the vicinage; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour; to have the assistance of counsel for his defence, and in all civil cases, in which personal liberty may be involved, the trial by jury shall not be refused. S ECT. 11. 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 militia when in actual service in time of war or public danger. S ECT. 12. No person for the same offence, shall be twice put in jeopardy of punishment. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offences, when the proof is evident, or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it. S ECT. 13. Every person has a right to bear arms for the defence of himself and the state. S ECT. 14. The military shall, in all cases, and at all times, be in strict subordination to the civil power.

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S ECT. 15. 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. S ECT. 16. 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. S ECT. 17. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall be passed. S ECT. 18. Excessive bail shall not be required; excessive fines shall not be imposed; and cruel and unjust punishments shall not be inflicted. S ECT. 19. The property of no person shall be taken for public use, without just compensation therefor. S ECT. 20. The people shall have the right freely to assemble together, to consult for the common good; to instruct their representatives, and to petition the legislature for redress of grievances. S ECT. 21. All acts of the legislature contrary to this or any other article of the9 Constitution, shall be void.

ARTICLE II Electors S ECT. 1. In all elections, every white male citizen above the age of twenty one years, having resided in the state six months next preceding any election, shall be entitled to vote at such election; and every white male inhabitant of the age aforesaid, who may be a resident of this state at the time of the signing of this constitution, shall have the right of voting as aforesaid; but no such

C ONSTITUTION OF M ICHIGAN (1835) citizen or inhabitant shall be entitled to vote, except in the district, county or township in which he shall actually reside at the time of such election. S ECT. 2. All votes shall be given by ballot, except for such township officers as may by law be directed to be otherwise chosen. S ECT. 3. Electors shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same. S ECT. 4. No elector shall be obliged to do militia duty on the days of election, except in time of war or public danger. S ECT. 5. No person shall be deemed to have lost his residence in this state by reason of his absence on business of the United States, or of this state. S ECT. 6. No soldier, seaman or marine, in the army or navy of the United States, shall be deemed a resident of this state in consequence of being stationed in any military or naval place within the same.

ARTICLE III Division of the powers of Government S ECT. 1. The powers of the government shall be divided into three distinct departments; the Legislative, the Executive and the Judicial; and one department shall never exercise the powers of another, except in such cases as are expressly provided for in this constitution.

ARTICLE IV Legislative Department S ECT. 1. The Legislative power shall be vested in a Senate and House of Representatives.

S ECT. 2. The number of the members of the House of Representatives shall never be less than forty-eight, nor more than one hundred; and the Senate shall at all times equal in number one third of the house of representatives, as nearly as may be. S ECT. 3. The Legislature shall provide by law for an enumeration of the inhabitants of this state in the years one thousand eight hundred and thirty-seven, and one thousand eight hundred and forty-five10 , and every ten years after the said last mentioned time: and at their first session after each enumeration so made as aforesaid, and also after each enumeration made by the authority of the United States, the legislature shall apportion anew the representatives and senators among the several counties and districts, according to the number of white inhabitants. S ECT. 4. The representatives shall be chosen annually on the first monday of November, and on the following day, by the electors of the several counties or districts into which the state shall be divided for that purpose. Each organized county shall be entitled to at least one representative; but no county hereafter organized shall be entitled to a separate representative until it shall have attained a population equal to the ratio of representation hereafter established. S ECT. 5. The Senators shall be chosen for two years, at the same time and in the same manner as the representatives are required to be chosen. At the first session of the legislature under this constitution, they shall be divided by lot from their respective districts, as nearly as may be, into two equal classes. The seats of the senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year: so that one half thereof, as nearly as may be, shall be chosen annually thereafter.

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M ICHIGAN S ECT. 6. The State shall be divided, at each new apportionment, into a number of not less than four nor more than eight senatorial districts, to be always composed of contiguous territory; so that each district shall elect an equal number of senators annually, as nearly as may be: and no county shall be divided in the formation of such districts. S ECT. 7. Senators and representatives shall be citizens of the United States, and be qualified electors in the respective counties and districts which they represent: and a removal from their respective counties or districts shall be deemed a vacation of their seats.

shall be expelled a second time for the same cause, nor for any cause known to his constituents antecedent to his election. S ECT. 12. Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the request of one-fifth of the members present, be entered on the journal. Any member of either house shall have liberty to dissent from, and protest against, any act or resolution which he may think injurious to the public or an individual, and have the reasons of his dissent entered on the journal.

S ECT. 8. No person holding any office under the United States, or of this state, officers of the militia, justices of the peace, associate judges of the circuit and county courts and postmasters excepted, shall be eligible to either house of the legislature.

S ECT. 13. In all elections by either or both houses, the votes shall be given viva voce, and all votes on nominations made to the senate shall be taken by yeas and nays, and published with the journal of its proceedings.

S ECT. 9. Senators and representatives shall in all cases except treason, felony, or breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.

S ECT. 14. The doors of each house shall be open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that where the legislature may then be in session.

S ECT. 10. 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. Each house shall choose its own officers.

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

S ECT. 11. Each house shall determine the rules of its proceedings, and judge of the qualifications, elections and returns of its own members; and may, with the concurrence of two-thirds of all the members elected, expel a member; but no member

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S ECT. 16. Every bill passed by the legislature shall, before it becomes a law, be presented to the governor; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it 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 members present agree to pass the bill, it shall be sent with the objections to the other house, by whom it

C ONSTITUTION OF M ICHIGAN (1835) shall likewise be reconsidered and if approved also by two-thirds of all the members present in that house, it shall become a law; but in such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journals of each house respectively: And if any bill be not returned by the governor within ten days, sundays excepted, after it has been presented to him, the same shall become a law, in like manner as if he had signed it, unless the legislature by their adjournment prevent its return, in which case it shall not become a law. S ECT. 17. Every resolution to which the concurrence of the senate and house of representatives may be necessary, except in cases of adjournment, shall be presented to the governor, and, before the same shall take effect, shall be proceeded upon in the same manner as in the case of a bill. S ECT. 18. The members of the legislature shall receive for their services a compensation to be ascertained by law, and paid out of the public treasury; but no increase of the compensation shall take effect during the term for which the members of either house shall have been elected; and such compensation shall never exceed three dollars a day. S ECT. 19. 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 is elected.

directed by law, or provided for in this constitution. S ECT. 22. The style of the laws of this State, shall be “Be it enacted by the Senate and House of Representatives of the State of Michigan.”

ARTICLE V Executive Department S ECT. 1. The supreme executive power shall be vested in a Governor, who shall hold his office for two years; and a lieutenant Governor shall be chosen at the same time, and for the same term. S ECT. 2. No person shall be eligible to the office of Governor or Lieutenant Governor, who shall not have been five years a citizen of the United States, and a resident of this state two years next preceding the election. S ECT. 3. The Governor and lieutenant Governor shall be elected by the electors at the times and places of choosing members of the legislature. The persons having the highest number of votes for Governor and lieutenant Governor shall be elected: but in case two or more have an equal and the highest number of votes for Governor or lieutenant Governor, the legislature shall by joint vote choose one of the said persons, so having an equal and the highest number of votes, for Governor or lieutenant Governor.

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

S ECT. 4. The returns of every election for Governor and lieutenant Governor shall be sealed up and transmitted to the seat of government by the returning officers, directed to the president of the senate, who shall open and publish them, in the presence of the members of both houses.

S ECT. 21. The legislature shall meet on the first Monday in January in every year, and at no other period, unless otherwise

S ECT. 5. The Governor shall be commander-in-chief of the militia11 , and of the army and navy of this State.

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M ICHIGAN S ECT. 6. He shall transact all executive business with the officers of government, civil and military; and may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices.

such disability shall cease, or the vacancy be filled.

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

S ECT. 14. If, during the 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 pro tempore shall act as Governor until the vacancy be filled.

S ECT. 8. He shall have power to convene the legislature, on extraordinary occasions. 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 deem expedient.

S ECT. 15. The lieutenant Governor shall, by virtue of his office, be president of the senate: In committee of the whole, he may debate on all questions; and when there is an equal division, he shall give the casting vote.

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

S ECT. 16. No member of congress, nor any other person holding office under the United States, or this state, shall execute the office of Governor.

S ECT. 10. He may direct the legislature to meet at some other place than the seat of government, if that shall become, after its adjournment, dangerous from a common enemy, or a contagious disease. S ECT. 11. He shall have power to grant reprieves and pardons after conviction, except in cases of impeachment. S ECT. 12. When any office, the appointment to which is vested in the Governor and senate, or in the legislature, becomes vacant during the recess of the legislature, the Governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the succeeding session of the legislature. S ECT. 13. In case of the impeachment of the Governor, his removal from office, death, resignation, or absence from the state, the powers and duties of the office shall devolve upon the lieutenant Governor until

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S ECT. 17. Whenever the office of Governor or lieutenant Governor, becomes vacant, the person exercising the powers of Governor for the time being shall give notice thereof, and the electors shall, at the next succeeding annual election for members of the legislature, choose a person to fill such vacancy. S ECT. 18. The Governor shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the term for which he has been elected. S ECT. 19. The lieutenant Governor, except when acting as Governor, and the president of the senate pro tempore, shall each receive the same compensation as shall be allowed to the speaker of the house of representatives. S ECT. 20. A great seal for the state shall be provided by the Governor, which shall contain the device and inscriptions represented and described in the papers relating

C ONSTITUTION OF M ICHIGAN (1835) thereto, signed by the president of the convention, and deposited in the office of the secretary of the territory. It shall be kept by the secretary of state; and all official acts of the Governor, his approbation of the laws excepted, shall be thereby authenticated. S ECT. 21. All grants and commissions shall be in the name, and by the authority, of the people of the state of Michigan.

ARTICLE VI Judicial Department S ECT. 1. The judicial power shall be vested in one Supreme Court, and in such other courts as the legislature may, from time to time, establish. S ECT. 2. The judges of the supreme court shall hold their offices for the term of seven years; they shall be nominated, and by and with the advice and consent of the senate, appointed by the Governor. They shall receive an adequate compensation, which shall not be diminished during their continuance in office. But they shall receive no fees nor perquisites of office, nor hold any other office of profit or trust under the authority of this state, or of the United States. S ECT. 3. A Court of Probate shall be established in each of the organized counties. S ECT. 4. Judges of all County Courts, Associate Judges of Circuit Courts, and Judges of Probate, shall be elected by the qualified electors of the county in which they reside, and shall hold their offices for four years. S ECT. 5. The Supreme Court shall appoint their Clerk or Clerks; and the electors of each county shall elect a clerk, to be denominated a County Clerk, who shall hold his office for the term of two years, and shall perform the duties of clerk to all the courts

of record to be held in each county, except the supreme court and court of probate. S ECT. 6. Each township may elect four justices of the peace, who shall hold their offices for four years; and whose powers and duties shall be defined and regulated by law. At their first election, they shall be classed and divided by lot into numbers one, two, three, and four, to be determined in such manner as shall be prescribed by law; so that one justice shall be annually elected in each township thereafter. A removal of any justice from the township in which he was elected, shall vacate his office. In all incorporated towns, or cities, it shall be competent for the legislature to increase the number of justices. S ECT. 7. The style of all process shall be “In the name of the people of the state of Michigan;” and all indictments shall conclude against the peace and dignity of the same.

ARTICLE VII Certain State and County Officers S ECT. 1. There shall be a secretary of state, who shall hold his office for two years, and who shall be appointed by the Governor, by and with the advice and consent of the senate. He shall keep a fair record of the official acts of the legislative and executive departments of the government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the legislature, and shall perform such other duties as shall be assigned him by law. S ECT. 2. A state Treasurer shall be appointed by a joint vote of the two houses of the legislature, and shall hold his office for the term of two years. S ECT. 3. There shall be an Auditor General and an Attorney General for the state,

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M ICHIGAN and a prosecuting Attorney, for each of the respective counties, who shall hold their offices for two years, and who shall be appointed by the Governor, by and with the advice and consent of the senate, and whose powers and duties shall be prescribed by law. S ECT. 4. There shall be a sheriff, a county Treasurer, and one or more Coroners, a Register of Deeds, and a County Surveyor, chosen by the electors in each of the several counties once in every two years, and as often as vacancies shall happen. The Sheriff shall hold no other office, and shall not be capable of holding the office of sheriff longer than four in any term of six years; he may be required by law to renew his security from time to time, and in default of giving such security, his office shall be deemed vacant: but the county shall never be made responsible for the acts of the sheriff.

convicted without the concurrence of twothirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office; but the party convicted shall be liable to indictment and punishment according to law. S ECT. 3. For any reasonable cause, which shall not be sufficient ground for the impeachment of the judges of any of the courts, the Governor shall remove any of them on the address of two-thirds of each branch of the legislature; but the cause, or causes, for which such removal may be required, shall be stated at length in the address. S ECT. 4. The legislature shall provide by law for the removal of justices of the peace and other county and township officers, in such manner, and for such cause, as to them shall seem just and proper.

ARTICLE IX ARTICLE VIII

Militia

Impeachments and Removals from office

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

S ECT. 1. The house of representatives shall have the sole power of impeaching all civil officers of the state for corrupt conduct in office, or for crimes and misdemeanors; but a majority of all the members elected shall be necessary to direct an impeachment. S ECT. 2. All impeachments shall be tried by the Senate. When the Governor or lieutenant Governor shall be tried, the chief Justice of the Supreme Court shall preside. Before the trial of an impeachment, the members of the court shall take an oath or affirmation, truly and impartially to try and determine the charge in question, according to the evidence; and no person shall be

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S ECT. 2. The legislature shall provide for the efficient discipline of the Officers, commissioned and non-commissioned, and musicians, and may provide by law for the organization and discipline of Volunteer Companies. S ECT. 3. Officers of the militia shall be elected or appointed in such manner as the legislature shall from time to time direct, and shall be commissioned by the Governor. S ECT. 4. The Governor shall have power to call forth the militia to execute the laws

C ONSTITUTION OF M ICHIGAN (1835) of the state, to suppress insurrections and repel invasions12 .

ARTICLE X Education S ECT. 1. The Governor shall nominate, and, by and with the advice and consent of the legislature in joint vote, shall appoint a Superintendent of Public Instruction, who shall hold his office for two years, and whose duties shall be prescribed by law. S ECT. 2. The legislature shall encourage, by all suitable means, the promotion of Intellectual, Scientifical, and Agricultural improvement. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this state, for the support of schools, which shall hereafter be sold or disposed of, shall be and remain a perpetual fund; the interest of which, together with the rents of all such unsold lands, shall be inviolably appropriated to the support of schools throughout the State. S ECT. 3. The legislature shall provide for a system of Common Schools, by which a school shall be kept up and supported in each school district, at least three months in every year; and any school district neglecting to keep up and support such a school may be deprived of its equal proportion of the interest of the public fund. S ECT. 4. As soon as the circumstances of the state will permit, the legislature shall provide for the establishment of Libraries, one at least in13 each township; and the money which shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines assessed in the several counties for any breach of the penal laws, shall be exclusively applied for14 the support of said libraries.

S ECT. 5. The legislature shall take measures for the protection, improvement or other disposition of such lands as have been, or may hereafter be, reserved or granted by the United States to this State, for the support of a University; and the funds accruing from the rents or sale of such lands, or from any other source, for the purpose aforesaid, shall be and remain a permanent fund for the support of said University, with such branches as the public convenience may hereafter demand, for the promotion of literature, the arts and sciences, and as may be authorized by the terms of such grant: and it shall be the duty of the legislature, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said University.

Article XI15 Prohibition of Slavery S ECT. 1. Neither slavery nor involuntary servitude shall ever be introduced into this state, except for the punishment of crimes of which the party shall have been duly convicted.

ARTICLE XII Miscellaneous Provisions S ECT. 1. Members of the legislature, and all officers, executive and judicial, except such inferior officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: “I do solemnly swear, or affirm, (as the case may be) that I will support the constitution of the United States, and the constitution of this state, and that I will faithfully discharge the duties of the office of –––––– according to the best of my ability.” And no other oath, declaration, or test, shall be required as a qualification for any office or public trust.

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M ICHIGAN S ECT. 2. The legislature shall pass no act of incorporation, unless with the assent of at least two-thirds of each house. S ECT. 3. Internal improvement16 shall be encouraged by the government of this state; and it shall be the duty of the legislature, as soon as may be, to make provision17 by law for ascertaining the proper objects of improvement, in relation to roads,18 canals, and navigable waters; and it shall also be their duty to provide by law for an equal, systematic, and economical application of the funds which may be appropriated to these objects. S ECT. 4. No money shall be drawn from the treasury but in consequence of appropriations made by law; and an accurate statement of the receipts and expenditures of the public money shall be attached to, and published with, the law19 annually. S ECT. 5. Divorces shall not be granted by the legislature; but the legislature may by law authorize the higher courts to grant them under such restrictions as they may deem expedient. S ECT. 6. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed. S ECT. 7. No county now organized by law shall ever be reduced, by the organization of new counties, to less than four hundred square miles. S ECT. 8. The Governor, Secretary of State, Treasurer, and Auditor General shall keep their offices at the seat of Government. S ECT. 9. The seat of Government for this State shall be at Detroit, or at such other place or places as may be prescribed by law, until the year eighteen-hundred and fortyseven, when it shall be permanently located by the legislature.

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S ECT. 10. The first Governor and Lieutenant Governor shall hold their offices until the first monday of January one thousand eight hundred and thirty eight20 , and until others shall be elected and qualified; and, thereafter, they shall hold their offices for two years, and until their successors shall be elected and qualified. S ECT. 11. When a vacancy shall happen, occasioned by the death, resignation or removal from office of any person holding office under this state, the successor thereto shall hold his office for the period which his predecessor had to serve, and no longer, unless again chosen or reappointed.

ARTICLE XIII Mode of amending and revising the Constitution S ECT. 1. Any amendment or amendments to this constitution may be proposed in the senate or house of representatives; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen, and shall be published for three months previous 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, qualified to vote for members of the legislature, voting

C ONSTITUTION OF M ICHIGAN (1835) thereon, such amendment or amendments shall become part of the constitution. S ECT. 2. And if, at any time, two-thirds of the senate and house of representatives shall think it necessary to revise or change this entire constitution, they shall recommend to the electors, at the next election for members of the legislature, to vote for or against a convention; and if it shall appear that a majority of the electors voting at such election have voted in favor of calling a convention, the legislature shall, at its next session, provide by law for calling a convention, to be holden within six months after the passage of such law; and such convention shall consist of a number of members not less than that of both branches of the legislature.

SCHEDULE S ECT. 1. That no inconvenience may arise from a change of the territorial government to a permanent state government, it is declared that all writs, actions, prosecutions, contracts, claims, and rights, of individuals and of bodies corporate, shall continue as if no change had taken place in this government; and all process which may, before the organization of the judicial department under this constitution, be issued under the authority of the territory of Michigan, shall be as valid as if issued in the name of the state. S ECT. 2. All laws now in force in the territory of Michigan, which are not repugnant to this constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the legislature. S ECT. 3. All fines, penalties, forfeitures and escheats, accruing to the territory of Michigan, shall accrue to the use of the state.

S ECT. 4. All recognizances heretofore taken, or which may be taken before the organization of the judicial department under this constitution, shall remain valid, and shall pass over to, and may be prosecuted in the name of the state: And all bonds executed to the governor of this territory, or to any other officer in his official capacity, shall pass over to the governor or other proper state authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly. All criminal prosecutions and penal actions, which have arisen, or which may arise before the organization of the judicial department under this constitution, and which shall then be depending, may be prosecuted to judgment and execution in the name of the state. S ECT. 5. All officers, civil and military, now holding their offices and appointments in this territory under the authority of the United States, or under the authority of this territory, shall continue to hold and exercise their respective offices and appointments until superseded under this constitution. S ECT. 6. The first election for governor, lieutenant governor, members of the state legislature, and a representative in the congress of the United States, shall be held on the first Monday in October next, and on the succeeding day. And the President of the convention shall issue writs to the sheriffs of the several counties or districts, or, in case of vacancy, to the coroners, requiring them to cause such election to be held on the days aforesaid, in their respective counties or districts. The election shall be conducted in the manner prescribed, and by the township officers designated as inspectors of elections and the returns made as required, by the existing laws of the territory or by this constitution: Provided, however, that the returns of the several townships in the district composed of the unorganized

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M ICHIGAN counties of Ottawa, Ionia, Kent and Clinton, shall be made to the clerk of the township of Kent in said district, and the said township clerk shall perform the same duties, as by the existing laws of the territory devolve upon the clerks of the several counties in similar cases. S ECT. 7. The first meeting of the legislature shall be at the city of Detroit, on the first monday in November next, with power to adjourn to any other place. S ECT. 8. All county and township officers shall continue to hold their respective offices, unless removed by the competent authority, or21 until the legislature shall, in conformity to the provisions of this constitution, provide for the holding of elections to fill such offices respectively. S ECT. 9. This constitution shall be submitted, at the election to be held on the first Monday in October next, and on the succeeding day, for ratification or rejection, to the electors qualified by this constitution to vote at all elections: and if the same be ratified by the said electors, the same shall become the constitution of the state of Michigan. At the election aforesaid, on such of the ballots as are for the said constitution, shall be written or printed the word “yes” and on those which are against the ratification of said constitution, the word “no” and the returns of the votes on the question of ratification or rejection of said constitution, shall be made to the President of this convention at any time before the first monday in November next, and a digest of the same communicated by him to the Senate and House of Representatives on that day. S ECT. 10. And if this constitution shall be ratified by the people of Michigan, the president of this convention shall, immediately after the same shall be ascertained, cause a fair copy thereof, together with an

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authenticated copy of the act of the legislative council, entitled “An act to enable the people of Michigan to form a constitution and state government,” approved January twenty-sixth, eighteen-hundred and thirtyfive, providing for the calling of this convention, and also a copy of so much of the last census of this Territory as exhibits the number of the free inhabitants of that part thereof which is comprised within the limits in said constitution defined as the boundaries of the proposed State of Michigan, to be forwarded to the President of the United States, together with an expression of the decided opinion of this convention, that the number of the free inhabitants of said proposed state now exceeds the number requisite to constitute two congressional districts, and the respectful request of this convention in behalf of the people of Michigan, that all said matters may be by him laid before the congress of the United States at their next session. S ECT. 11. In case of the failure of the president of this convention to perform the duties prescribed by this constitution, by reason of his absence death or any22 other cause, said duties shall be performed by the Secretaries of this convention. S ECT. 12. Until the first enumeration shall be made as directed by this constitution, the County of Wayne shall be entitled to eight representatives; the county of Monroe to four representatives; the county of Washtenaw to seven representatives; the county of St. Clair to one representative; the county of St. Joseph to two representatives; the county of Berrien to one representative; the county of Calhoun to one representative; the county of Jackson to one representative; the county of Cass to two representatives; the county of Oakland to six representatives; the county of Macomb to three representatives; the county of Lenawee to

C ONSTITUTION OF M ICHIGAN (1835) four representatives; the county of Kalamazoo, and the unorganized counties of Allegan and Barry, to two representatives; the county of Branch to one representative; the county of Hillsdale to one representative; the county of Lapeer to one representative; the county of Saginaw, and the unorganized counties of Genesee and Shiawasse23 , to one representative; the county of Michilimackinac to one representative; the county of Chippewa to one representative; and the unorganized counties of Ottawa, Kent, Ionia, and Clinton, to one representative. And for the election of Senators, the state shall be divided into five districts, and the apportionment shall be as follows: The county of Wayne shall compose the first district, and elect three senators; the coun-

ties of Monroe and Lenawee shall compose the second district, and elect three senators; The Counties of Hillsdale, Branch, St. Joseph, Cass, Berrien, Kalamazoo and Calhoun shall compose the third district, and elect three senators; The counties of Washtenaw and Jackson shall compose the fourth district and elect three senators; and the counties of Oakland, Lapeer, Saginaw24 , Macomb, St. Clair, Michilimackinac and Chippewa, shall compose the fifth district, and elect four senators. Any country attached to any county for judicial purposes, if not otherwise represented, shall be considered as forming part of such county, so far as regards elections for the purpose of representation in the legislature.

J OHN B IDDLE, President.25 John Norvell, John M’Donell, Williams, Alpheus White, Amos Stevens, Conrad Ten Eyck, Lewis Beaufait27 , Peter Van Every, J. D. Davis, Caleb Herrington, Ammon Brown, Theoph’s E. Tallman, Geo. W. Ferrington, Asa H. Otis, Robert McClelland, David White, Samuel Ingersoll, J. V. D. Sutphen, Selleck C. Boughton, Allen Hutchins, John J. Adam, Joseph Howell, Jr. Joseph H. Patterson,

Orin Howe, Emanuel Case, Jno. R. E. Mundy, Orrin26 White, Isaac Voorheis, Randolph Manning, Seneca Newberry, Joshua B. Taylor, Elijah Cook, Ebenezer Raynale, John Ellenwood, Jeremiah Riggs, Benjamin B. Morris, William Patrick, Ephraim Calkin, Eliphalet Clark, Lemuel Colbath, Ross Wilkins, Townsend E. Gidley, Roswell B. Rexford, Lewis T. Miller, Isaac E. Crary, Ezra Convis,

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M ICHIGAN Darius Comstock, Alexander Tiffany, Ch. F. Irwin, Wm. Woodbridge, Edward D. Ellis, James J. Godfroy, Peter P. Ferry, Jacob Tucker, John S. Axford, Henry Porter, Solomon Porter, John Clarke, Ralph Wadhams, Hezekiah G. Wells, James Newton, James Odell, Baldwin Jenkins, John S. Barry, Hubbel Loomis, Martin G. Shellhouse, Titus B. Willard,

Lucius Lyon, William H. Welch, Gilbert Shattuck, Abel Godard, William Moore, Robert Purdy, John Brewer, Alpheus Collins, M. P. Stubbs, Richard Brower, Rufus Grossman28 , Nathaniel Noble, Russell Briggs, Jonathan Chase, Samuel White, Thomas Curtis, Norman Davison, Samuel Axford, Elijah Lacy29 , Michael Dousman, Bela Chapman.30 Attest

C H [ ARLES ] W. W HIPPLE, M ARSHAL J. BACON, Secretaries.

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Verified by Constitution of the State of Michigan, As Adopted In Convention, Begun and Held At the Capitol, In the City of Detroit, On Monday, The 11th Day of May, A.D. 1835. Printed By Order of the Convention, Detroit: Printed by Sheldon M’Knight, 1835, 20 p., and corrected according to the original engrossed manuscript preserved in the State Archives of Michigan, Lansing, MI (the text presented in the internet by the State Archives of Michigan at http://www.michigan.gov/documents/ hal_mhc_sa_1835_MI_Constitution_51420_7.pdf very closely follows the engrossed manuscript, though without including the list of signers). Also checked against the version as printed in The Michigan Constitutional Conventions of 1835–36. Debates and Proceedings, ed. by Harold M. Dorr, Ann Arbor: The University of Michigan Press; London: Humphrey Milford, Oxford University Press, 1940, 589–609.

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Spelling, capitalization, and punctuation follow the engrossed manuscript. Obvious typographical errors are passed over in the subsequent annotations. The constitution was adopted by the convention on June 24, 1835, and ratified by the people on October 5, 1835 by a vote of 6,299 to 1,359 (cf. Alec R. Gilpin, The Territory of Michigan, 1805–1837, [Ann Arbor, MI:] Michigan State University Press, 1970, 160). Due to the boundary dispute with Ohio over the so-called Toledo strip, caused by the unclear definition of Ohio’s northern boundary line in the Ohio constitution of 1802 (q.v.), admission was delayed. After Michigan accepted the southern boundary, as prescribed by Congress, in a second convention in 1836, admission into the Union was provided by the act of Congress of January 26, 1837 (U.S. Statutes at Large, 24th Congress, Sess. II, Ch. 6), making Michigan the 26th state. With four amendments added (q.v.) the con-

C ONSTITUTION OF M ICHIGAN (1835) stitution remained in effect until 1850, when it was replaced by the second constitution of Michigan (q.v.). 2 In Constitution of the State of Michigan, 3, word missing. 3 Ibid., last three words missing. 4 Ibid., “eighteen hundred and five”. The act referred to is “An Act to divide the Indiana Territory into two separate governments,” U.S. Statutes at Large, 8th Congress, Sess. II, Ch. 5. 5 “An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio”, July 13, 1787, in: Laws of the Territory of the United States, North-West of the River Ohio, Passed at the first session, of the General Assembly, Begun and held at Cincinnati, on Monday, the sixteenth day of September, A. D. One thousand seven hundred and ninety-nine [. . . ] with an Appendix, Containing resolutions, the ordinance of Congress for the Government of the Territory [. . . ], Published by Authority, I, Cincinnati: From the press of Carpenter & Findlay, Printers to the Territory, 1800, 254–255 (art. V). An act of Congress of August 7, 1789 provided “certain provisions [. . . ] so as to adapt the same to the present Constitution of the United States,” U.S. Statutes at Large, 1st Congress, Sess. I, Ch. 8. 6 In Constitution of the State of Michigan, 3, “seventeen hundred and eighty-seven”. 7 Added by the editor throughout the text – Horst Dippel. 8 In Constitution of the State of Michigan, 4, “laws”. 9 Ibid., 5, “this”. 10 Ibid., 6, “eighteen hundred and thirty-seven, and eighteen hundred and forty-five”. 11 In manuscript, 8, “malitia”. 12 In Michigan Constitutional Conventions, ed. by Dorr, 605, “invasion”. 13 In manuscript, 12, word missing; in Michigan Con-

stitutional Conventions, ed. by Dorr, 605, word inserted in square brackets. 14 In Constitution of the State of Michigan, 12, “to”. 15 In manuscript, 13, entire article, though numbered correctly, omitted and inserted, as art. XI, after art. XII on p. 14. 16 In Michigan Constitutional Conventions, ed. by Dorr, 606, “improvements”. 17 Ibid., “provisions”. 18 In manuscript, 13, word missing; in Michigan Constitutional Conventions, ed. by Dorr, 606, word inserted in square brackets. 19 In Constitution of the State of Michigan, 13, and in Michigan Constitutional Conventions, ed. by Dorr, 606, “laws”. 20 In Constitution of the State of Michigan, 14, “eighteen hundred and thirty-eight”. 21 In Constitution of the State of Michigan, 16, word missing. 22 Ibid., and in Michigan Constitutional Conventions, ed. by Dorr, 609, “from any”. 23 In Michigan Constitutional Conventions, ed. by Dorr, 609, “Shiawassee”. 24 In manuscript, 17, “Saganaw”. 25 In Michigan Constitutional Conventions, ed. by Dorr, 609, names of signers missing. Subsequent list of signers as in Constitution of the State of Michigan, 17–18, as list in manuscript mutilated. 26 In manuscript, 18, “Orin”. 27 Ibid., “Louis Beufait”. 28 Ibid., “Grosman”. 29 Ibid., 19, “Lacey”. 30 In Constitution of the State of Michigan, 18, rest missing. Instead ibid., 19–20, “Ordinance”, which neither appears in the engrossed manuscript nor in Michigan Constitutional Conventions, ed. by Dorr, 609.

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Amendment of 1839 A Joint Resolution relative to an amendment to the constitution1

That so much of the first section of the second article of the constitution as prescribes the place in which an elector may vote, and which is in these words, to wit: ‘district, county or township,’ be abolished, and that the following be substituted in the place thereof, to wit: ‘township or ward.’

1

Verified by Acts of the Legislature of the State of Michigan, Passed at the Annual Session of 1839: With

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an Appendix, Containing the Treasurer’s Annual Report; Also, Forms for Election Returns, and of the Annual Report Required to be Made to the Secretary of State by Superintendents of the Poor, Detroit: John S. Bagg, State Printer, 1839, 261. In accordance with the constitutional requirements the amendment was adopted as Amendment no. I by two successive legislatures on April 6, 1838 (Acts of the Legislature of the State of Michigan; Passed at the Adjourned Session of 1837, and the Regular Session of 1838. By Authority, Detroit: John S. Bagg, State Printer, 1838, 288), and on April 18, 1839, respectively, and ratified by the people in the November election of 1839. Spelling, capitalization, and punctuation follow the Session Law print of 1839.

Amendment of 1843 A Joint Resolution in relation to the amendment of the Constitution1

That the constitution of the state be so amended that every law authorizing the borrowing of money or the issuing of state stocks, whereby a debt shall be created, on the credit of the state, shall specify the object for which the money shall be appropriated, and that every such law shall embrace no more than one such object, which shall be singly and specifically stated, and that no such law shall take effect, until it shall be submitted to the people at the next general election, and be approved by a majority of the votes cast for and against it, at such election; that all money to be raised by the authority of such law, be applied to the specific object stated in such law, and to no other purpose, except the payment of such debt thereby created or increased. This provision shall not extend or apply to any law to raise money for defraying the actual expenses of the legislative, the judicial and state officers; for suppressing insurrection,

repelling invasion, or defending the state in time of war, and that the secretary of state be required to give three months’ notice of the same prior to the next annual election, and that this proposition be referred to the next legislature.

1

Verified by Acts of the Legislature of the State of Michigan, Passed at the Annual Session of 1842: With an Appendix, Containing the Treasurer’s Annual Report, and the Annual Report of the Auditor General. By Authority, Detroit: Bagg and Harmon, Printers, 1842, 157–158. In accordance with the constitutional requirements the amendment was adopted as Amendment no. II by two successive legislatures on February 4, 1842, and on March 9, 1843, respectively (Acts of the Legislature of the State of Michigan, Passed at the Annual Session of 1843: With an Appendix, Containing the Treasurer’s Annual Report. By Authority, Detroit: Ellis & Briggs, Printers to the Legislature, 1843, 231), and ratified by the people in the November election of 1843. Spelling, capitalization, and punctuation follow the Session Law print of 1842.

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Amendment of 1844 Joint Resolution proposing an amendment to the Constitution1

Strike out of section four of article four, the words “on the first Monday of November, and on the following day,” and insert the words “on the first Tuesday,” so that the said section will read, “the Representatives shall be chosen annually on the first Tuesday of November, by the electors of the several counties or districts into which the state shall be divided for that purpose.”

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1

Verified by Acts of the Legislature of the State of Michigan, Passed at the Annual Session of 1844: With an Appendix, Containing the Treasurer’s Annual Report. By Authority, Detroit: Bagg & Harmon, Printers to the State, 1844, 164. In accordance with the constitutional requirements the amendment was adopted as Amendment no. III by two successive legislatures on February 6, 1843 (Acts of the Legislature of the State of Michigan, Passed at the Annual Session of 1843: With an Appendix, Containing the Treasurer’s Annual Report. By Authority, Detroit: Ellis & Briggs, Printers to the Legislature, 1843, 224–225), and on January 16, 1844, respectively, and ratified by the people in the November election of 1844. Spelling, capitalization, and punctuation follow the Session Law print of 1844.

Amendment of 1849 Joint Resolutions proposing an amendment to the Constitution, relative to certain public officers1

The legislature of this state for the year eighteen hundred and fifty shall provide by law for the election by the people of the following officers, viz: judges of the supreme court, who shall be ineligible to any other than a judicial office during the term for which they are elected and for one year thereafter; auditor general, state treasurer, secretary of state, attorney general, superintendent of public instruction, and prosecuting attorneys; and the said judges are prohibited from receiving any fees of office or other compensation than their salaries for any civil duties performed by them. 1

Verified by Acts of the Legislature of the State of Michigan, Passed at the Annual Session of 1849: With

an Appendix, Containing the State Treasurer’s Annual Report, &c. By Authority, Lansing: Munger & Pattison, Printers to the State, 1849, 367. In accordance with the constitutional requirements the amendment was adopted as Amendment no. IV by two successive legislatures on March 27, 1848 (Acts of the Legislature of the State of Michigan, Passed at the Annual Session of 1848: With an Appendix, Containing the Treasurer’s Annual Report, &C. By Authority, Lansing: Bagg & Harmon, Printers to the State, 1848, 458), and on February 22, 1849, respectively. It was ratified by the people on November 6, 1849, by a vote of 38,117 to 728 (cf. Byron M. Cutcheon, Michigan As a State: From Its Admission to the Union to the Close of the Civil War [Henry M. Utley and Byron M. Cutcheon, Michigan As a Province, Territory and State, the Twenty-Sixth Member of the Federal Union, III], New York: Americana Press for The Publishing Society of Michigan, 1906, 337). Spelling, capitalization, and punctuation follow the Session Law print of 1849.

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Constitution of Michigan (1850) Constitution of the State of Michigan1

The People of the State of M ICHIGAN do ordain this Constitution:

ARTICLE I Boundaries The State of Michigan consists of and has jurisdiction over the territory embraced within the following boundaries, to wit: Commencing at a point on the eastern boundary line of the State of Indiana, where a direct line drawn from the southern extremity of Lake Michigan to the most northerly cape of the Maumee Bay shall intersect the same – said point being the northwest corner of the State of Ohio, as established by act of Congress, entitled “an act to establish the northern boundary line of the State of Ohio, and to provide for the admission of the State of Michigan into the Union upon the conditions therein expressed,” approved June fifteenth, one thousand eight hundred and thirty-six;2 thence with the said boundary line of the State of Ohio till it intersects the boundary line between the United States and Canada in Lake Erie; thence with said boundary line between the United States and Canada through the Detroit river, Lake Huron and Lake Superior to a point where the said line last touches Lake Superior; thence in a direct line through Lake Superior to the mouth of the Montreal river; thence through the middle of the main channel of the said river Montreal to the head waters thereof; thence in a direct line to the centre of the channel between

Middle and South islands in the Lake of the Desert; thence in a direct line to the southern shore of Lake Brule; thence along said southern shore and down the river Brule to the main channel of the Menominie river; thence down the centre of the main channel of the same to the centre of the most usual ship channel of the Green Bay of Lake Michigan; thence through the centre of the most usual ship channel of the said bay to the middle of Lake Michigan; thence through the middle of Lake Michigan to the northern boundary of the State of Indiana, as that line was established by the act of Congress of the nineteenth of April, eighteen hundred and sixteen;3 thence due east with the north boundary line of the said State of Indiana to the north-east corner thereof; and thence south with the eastern boundary line of Indiana to the place of beginning.

ARTICLE II Seat of Government The4 Seat of Government shall be at5 Lansing, where it is now established.

ARTICLE III Division of the Powers of Government S ECT. 1. The powers of government are divided into three departments: the Legislative, Executive and Judicial.

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M ICHIGAN S ECT. 2. No person belonging to one department, shall exercise the powers properly belonging to another, except in the cases expressly provided in this constitution.

ARTICLE IV Legislative Department S ECT. 1. The Legislative power is vested in a Senate and House of Representatives. S ECT. 2. The Senate shall consist of thirty-two members. Senators shall be elected for two years, and by single districts. Such districts shall be numbered from one to thirty-two inclusive; each of which shall choose one senator. No county shall be divided in the formation of senate districts, except such county shall be equitably intitled to two or more senators. S ECT. 3. The House of Representatives shall consist of not less than sixty-four, nor more than one hundred members. Representatives shall be chosen for two years, and by single districts.6 Each Representative district shall contain, as nearly as may be, an equal number of white inhabitants, and civilized persons of Indian descent, not members of any tribe, and shall consist of convenient and contiguous territory. But no township or city shall be divided in the formation of a representative district. When any township or city shall contain a population which entitles it to more than one Representative, then such township or city shall elect by general ticket the number of Representatives to which it is entitled. Each county hereafter organized, with such territory as may be attached thereto, shall be entitled to a separate Representative when it has attained a population equal to a moiety of the ratio of representation. In every county entitled to more than one Representative, the board of supervisors shall assemble at such time and place as the Legisla-

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ture shall prescribe, and divide the same into Representative districts, equal to the number of Representatives to which such county is entitled by law, and shall cause to be filed in the offices of the Secretary of State, and clerk of such county, a description of such Representative districts, specifying the number of each district, and the population thereof, according to the last preceding enumeration. S ECT. 4. The Legislature shall provide by law for an enumeration of the inhabitants in the year eighteen hundred and fifty four, and every ten years thereafter; and at the first session after each enumeration so made, and also at the first session after each enumeration by the authority of the United States, the Legislature shall rearrange the Senate districts and apportion anew the Representatives among the counties and districts, according to the number of white inhabitants and civilized persons of Indian descent, not members of any tribe. Each apportionment and the division into Representative districts, by any board of supervisors, shall remain unaltered until the return of another enumeration. S ECT. 5. Senators and Representatives shall be citizens of the United States, and qualified electors in the respective counties and districts which they represent. A removal from their respective counties or districts shall be deemed a vacation of their office. S ECT. 6. No person holding any office under the United States7 , or any county office except notaries public, officers of the militia and officers elected by townships shall be eligible to or have a seat in either house of the Legislature, and all votes given for any such person shall be void. S ECT. 7. Senators and Representatives shall, in all cases, except treason, felony or

C ONSTITUTION OF M ICHIGAN (1850) breach of the peace, be privileged from arrest. They shall not be subject to any civil process during the session of the Legislature, or for fifteen days next before the commencement and after the termination of each session. They shall not be questioned in any other place for any speech in either house. S ECT. 8. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each house may prescribe. S ECT. 9. Each house shall choose its own officers, determine the rules of its proceedings, and judge of the qualifications, elections and returns of its members; and may, with the concurrence of two-thirds of all the members elected, expel a member. No member shall be expelled a second time for the same cause, nor for any cause known to his constituents antecedent to his election. The reason for such expulsion shall be entered upon the journal, with the names of the members voting on the question. S ECT. 10. Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy. The yeas and nays of the members of either house, on any question, shall be entered on the journal at the request of one-fifth of the members elected. Any member of either house may dissent from and protest against any act, proceeding or resolution which he may deem injurious to any person or the public, and have the reason of his dissent entered on the journal. S ECT. 11. In all elections by either house or in joint convention the votes shall be given viva voce. All votes on nominations to the Senate, shall be taken by yeas and nays and published with the journal of its proceedings.

S ECT. 12. The doors of each house shall be open, unless the public welfare requires8 secrecy. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than where the Legislature may then be in session. S ECT. 13. Bills may originate in either house of the legislature. S ECT. 14. Every bill and concurrent resolution except of adjournment passed by the Legislature shall be presented to the Governor before it becomes a law. If he approve, he shall sign it; but if not he shall return it with his objections to the house in which it originated, which shall enter the objections at large upon their journal, and reconsider it. On such reconsideration if two-thirds of the members elected agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall be reconsidered. If approved by two-thirds of the members elected to that house, it shall become a law. In such case, the vote of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journals of each house respectively. If any bill be not returned by the Governor within ten days, Sundays excepted, after it has been presented to him, the same shall become a law in like manner as if he had signed it, unless the Legislature, by their adjournment, prevent its return, in which case it shall not become a law. The Governor may approve, sign, and file in the office of the Secretary of State, within five days after the adjournment of the Legislature any act passed during the last five days of the session; and the same shall become a law. S ECT. 15. The compensation of the members of the legislature shall be three dollars a day for actual attendance and when absent on account of sickness, for the first sixty

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M ICHIGAN days of the session of the year one thousand eight hundred and fifty one, and for the first forty days of every subsequent session, and nothing thereafter. When convened in extra session their compensation shall be three dollars a day for the first twenty days, and nothing thereafter; and they shall legislate on no other subjects than those expressly stated in the Governor’s proclamation, or submitted to them by special message. They shall be entitled to ten cents and no more for every mile actually travelled, in9 going to and returning from the place of meeting, on the usually travelled route; and for stationery and newspapers not exceeding five dollars for each member during any session. Each member shall be entitled to one copy of the laws, journals and documents of the legislature of which he was a member; but shall not receive at the expense of the State, books, newspapers or other perquisites of office, not expressly authorized by this constitution. S ECT. 16. The legislature may provide by law for the payment of postage on all mailable matter received by its members and officers during the sessions of the legislature, but not on any sent or mailed by them. S ECT. 17. The president of the senate, and the speaker of the house of representatives shall be entitled to the same per diem compensation and mileage as members of the legislature, and no more. S ECT. 18. No person elected a member of the legislature shall receive any civil appointment within this state, or to the senate of the United States, from the governor, the governor and senate, from the legislature, or any other State authority, during the term for which he is elected. All such appointments and all votes given for any person so elected for any such office or appointment shall be void. No member of the legislature

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shall be interested, directly or indirectly, in any contract with the state, or any county thereof, authorized by any law passed, during the time for which he is elected, nor for one year thereafter. S ECT. 19. Every bill and joint resolution shall be read three times in each house before the final passage thereof. No bill or joint resolution shall become a law without the concurrence of a majority of all the members elected to each house. On the final passage of all bills the vote shall be by ayes and nays, and entered on the journal. S ECT. 20. No law shall embrace more than one object, which shall be expressed in its title. No public act shall take effect or be in force until the expiration of ninety days from the end of the session at which the same is passed, unless the legislature shall otherwise direct, by a two-thirds vote of the members elected to each house. S ECT. 21. The legislature shall not grant nor authorize extra compensation to any public officer, agent or contractor, after the service has been rendered or the contract entered into. S ECT. 22. The legislature shall provide by law that the furnishing of fuel and stationary for the use of the state, the printing and binding the laws and journals, all blanks, paper and printing for the executive departments, and all other printing ordered by the legislature, shall be let by contract to the lowest bidder or bidders, who shall give adequate and satisfactory security for the performance thereof. The legislature shall prescribe by law the manner in which the state printing shall be executed, and the accounts rendered therefor; and shall prohibit all charges for constructive labor. They shall not rescind nor alter such contract, nor release the person or10 persons taking the same, or his or their sureties, from the performance of any of the conditions of the

C ONSTITUTION OF M ICHIGAN (1850) contract. No member of the legislature nor officer of the state, shall be interested directly or indirectly in any such contract. S ECT. 23. The Legislature shall not authorize, by private or special law, the sale or conveyance of any real estate belonging to any person; nor vacate nor alter any road laid out by commissioners of highways, or any street in any city or village, or in any recorded town plat. S ECT. 24. The Legislature may authorize the employment of a Chaplain for the State Prison; but no money shall be appropriated for the payment of any religious services in either house of the Legislature. S ECT. 25. No law shall be revised, altered or amended by reference to its title only; but the act revised, and the section or sections of the act altered or amended shall be re-enacted and published at length. S ECT. 26. Divorces shall not be granted by the Legislature. S ECT. 27. The Legislature shall not authorize any lottery, nor permit the sale of lottery tickets. S ECT. 28. No new bill shall be introduced into either house during the last three days of the session, without the unanimous consent of the house in which it originates. S ECT. 29. In case of a contested election, the person only shall receive from the State per diem compensation and mileage who is declared to be entitled to a seat by the house in which the contest takes place. S ECT. 30. No collector, holder nor disburser of public moneys, shall have a seat in the Legislature, or be eligible to any office of trust or profit under this State, until he shall have accounted for and paid over, as provided by law, all sums for which he may be liable.

S ECT. 31. The Legislature shall not audit nor allow any private claim or account. S ECT. 32. The Legislature, on the day of final adjournment, shall adjourn at twelve o’clock at noon. S ECT. 33. The Legislature shall meet at the seat of government on the first Wednesday in February next, and on the first Wednesday in January of every second year thereafter, and at no other place or time, unless as provided in this constitution. S ECT. 34. The election of Senators and Representatives, pursuant to the provisions of this constitution, shall be held on the Tuesday succeeding the first Monday of November, in the year one thousand eight hundred and fifty-two, and on the Tuesday succeeding the first Monday of November of every second year thereafter. S ECT. 35. The Legislature shall not establish a State paper. Every newspaper in the State which shall publish all the general laws of any session within forty days of their passage, shall be entitled to receive a sum not exceeding fifteen dollars therefor. S ECT. 36. The Legislature shall provide for the speedy publication of all statute laws of a public nature, and of such judicial decisions as it may deem expedient. All laws and judicial decisions shall be free for publication by any person. S ECT. 37. The Legislature may declare the cases in which any office shall be deemed vacant, and also the manner of filling the vacancy, where no provision is made for that purpose in this constitution. S ECT. 38. The Legislature may confer upon organized townships, incorporated cities and villages, and upon the board of supervisors of the several counties, such powers of a local, legislative and administrative character as they may deem proper.

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M ICHIGAN S ECT. 39. The Legislature shall pass no law to prevent any person from worshiping Almighty God according to the dictates of his own conscience; or to compel any person to attend, erect or support any place of religious worship, or to pay tithes, taxes or other rates for the support of any Minister of the gospel or teacher of religion. S ECT. 40. No money shall be appropriated or drawn from the treasury for the benefit of any religious sect or society, theological or religious seminary, nor shall property belonging to the state be appropriated for any such purposes. S ECT. 41. The Legislature shall not diminish or enlarge the civil or political rights, privileges and capacities of any person, on account of his opinion or belief concerning matters of religion. S ECT. 42. No law shall ever be passed to restrain or abridge the liberty of speech or of the press – but every person may freely speak, write and publish his sentiments, on all subjects, being responsible for the abuse of such right. S ECT. 43. The Legislature shall pass no bill of attainder, ex post facto law, or law impairing the obligation of contracts. S ECT. 44. The privilege of the writ of habeas corpus remains and shall not be suspended by the Legislature, except in case of rebellion or invasion, the public safety require it. S ECT. 45. The assent of two-thirds of the members elected to each house of the Legislature shall be requisite to every bill appropriating the public money or property for local or private purposes. S ECT. 46. The Legislature may authorize a trial by a jury of a less number than twelve men.

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S ECT. 47. The Legislature shall not pass any act authorizing the grant of license for the sale of ardent spirits or other intoxicating liquors. S ECT. 48. The style of the laws shall be “The People of the State of Michigan enact.”

ARTICLE V Executive Department S ECT. 1. The executive power is vested in a Governor, who shall hold his office for two years. A Lieutenant Governor shall be chosen for the same term. S ECT. 2. No person shall be eligible to the office of Governor, or Lieutenant Governor, who has not been five years a citizen of the United States, and a resident of this State two years next preceding his election; nor shall any person be eligible to either office who has not attained the age of thirty years. S ECT. 3. The Governor and Lieutenant Governor shall be elected at the times and places of choosing the members of the Legislature. The person having the highest number of votes for Governor or Lieutenant Governor shall be elected. In case two or more persons shall have an equal and the highest number of votes for Governor or Lieutenant Governor, the Legislature shall, by joint vote, choose one of such persons. S ECT. 4. The Governor shall be commander-in-chief of the military and naval forces, and may call out such forces to execute the laws, to suppress insurrections and to repel invasions. S ECT. 5. He shall transact all necessary business with officers of government, and may require information, in writing; from the officers of the executive department

C ONSTITUTION OF M ICHIGAN (1850) upon any subject relating to the duties of their respective offices. S ECT. 6. He shall take care that the laws be faithfully executed. S ECT. 7. He may convene the Legislature on extraordinary occasions. S ECT. 8. He shall give to the Legislature, and at the close of his official term to the next Legislature, information by message of the condition of the State, and recommend such measures to them as he shall deem expedient. S ECT. 9. He may convene the Legislature at some other place when the seat of government becomes dangerous from disease or a common enemy. S ECT. 10. He shall issue writs of election to fill such vacancies as occur in the Senate or House of Representatives. S ECT. 11. He may grant reprieves, commutations and pardons after convictions, for all offences except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to regulations provided by law, relative to the manner of applying for pardons. Upon conviction for treason, he may suspend the execution of the sentence until the case shall be reported to the Legislature at its next session, when the Legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall communicate to the Legislature at each session information of each case of reprieve, commutation or pardon granted, and the reasons therefor. S ECT. 12. In case of the impeachment of the Governor, his removal from office, death, inability, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant

Governor, for the residue of the term, or until the disability ceases. When the Governor shall be out of the State in time of war, at the head of a military force thereof, he shall continue commander-in-chief of all the military force of the state. S ECT. 13. During a vacancy in the office of Governor, if the Lieutenant Governor die, resign, or11 be impeached, displaced, be incapable of performing the duties of his office, or absent from the State, the President pro tempore of the Senate shall act as Governor, until the vacancy be filled, or the disability cease. S ECT. 14. The Lieutenant Governor shall, by virtue of his office, be President of the Senate. In committee of the whole he may debate all questions; and when there is an equal division, he shall give the casting vote. S ECT. 15. No member of Congress, nor any person holding office under the United States, or this State, shall execute the office of Governor. S ECT. 16. No person elected Governor or Lieutenant Governor, shall be eligible to any office or appointment from the Legislature or either house thereof during the time for which he was elected. All votes for either of them, for any such office, shall be void. S ECT. 17. The Lieutenant12 and President of the Senate pro tempore, when performing the duties of Governor, shall receive the same compensation as the Governor. S ECT. 18. All official acts of the Governor, his approval of the laws excepted, shall be authenticated by the Great Seal of the State, which shall be kept by the Secretary of State.

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M ICHIGAN S ECT. 19. All commissions issued to persons holding office under the provisions of this constitution, shall be in the name and by the authority of the people of the State of Michigan, sealed with the great seal of the State, signed by the Governor, and countersigned by the Secretary of State.

ARTICLE VI Judicial Department

S ECT. 4. Four terms of the supreme court shall be he held annually at such times and places as may be designated by law. S ECT. 5. The supreme court shall, by general rules, establish, modify and amend the practice in such court and in the circuit courts, and simplify the same. The Legislature shall, as far as practicable, abolish distinctions between law and equity proceedings. The office of master in chancery is prohibited.

S ECT. 1. The judicial power is vested in one supreme court, in circuit courts, in probate courts, and in justices of the peace. Municipal courts of civil and criminal jurisdiction may be established by the Legislature in cities.

S ECT. 6. The state shall be divided into eight judicial circuits; in each of which the electors thereof shall elect one circuit judge, who shall hold his office for the term of six years and until his successor is elected and qualified.

S ECT. 2. For the term of six years, and thereafter, un[til] the legislature otherwise provide, the judges of the several circuit courts shall be judges of the supreme court, four of whom shall constitute a quorum. A concurrence of three shall be necessary to a final decision. After six years the Legislature may provide by law for the organization of a supreme court, with the jurisdiction and powers prescribed in this constitution, to consist of one chief justice and three associate justices, to be chosen by the electors of the State. Such supreme court, when so organized, shall not be changed or discontinued by the legislature for eight years thereafter. The judges thereof shall be so classified that but one of them shall go out of office at the same time. Their term of office shall be eight years.

S ECT. 7. The legislature may alter the limits of circuits or increase the number of the same. No alteration or increase shall have the effect to remove a judge from office. In every additional circuit established, the judge shall be elected by the electors of such circuit, and his term of office shall continue as provided in this constitution for judges of the circuit court.

S ECT. 3. The supreme court shall have a general superintending control over all inferior courts, and shall have power to issue writs of error, habeas corpus, mandamus, quo warranto, procedendo, and other original and remedial writs, and to hear and determine the same. In all other cases it shall have appellate jurisdiction only.

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S ECT. 8. The circuit courts shall have original jurisdiction in all matters civil and criminal not excepted in this constitution, and not prohibited by law; and appellate jurisdiction from all inferior courts and tribunals, and a supervisory control of the same. They shall also have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari and other writs necessary to carry into effect their orders, judgments and decrees, and give them a general control over inferior courts and tribunals within their respective jurisdictions. S ECT. 9. Each of the judges of the circuit courts shall receive a salary, payable quarterly. They shall be ineligible to any other than a judicial office during the term

C ONSTITUTION OF M ICHIGAN (1850) for which they are elected, and for one year thereafter. All votes for any person elected such judge for any office other than judicial, given either by the legislature or the people shall be void.

probate court, it shall be filled by appointment of the Governor, which shall continue until a successor is elected and qualified. When elected, such successor shall hold his office the residue of the unexpired term.

S ECT. 10. The supreme court may appoint a reporter of its decisions. The decisions of the supreme court shall be in writing, and signed by the judges concurring therein. Any judge dissenting therefrom shall give the reasons of such dissent in writing under his signature. All such opinions shall be filed in the office of the clerk of the supreme court. The judges of the circuit court within their respective jurisdictions, may fill vacancies in the office of county clerk and of prosecuting attorney; but no judge of the supreme court, or circuit court, shall exercise any other power of appointment to public office.

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

S ECT. 11. A circuit court shall be held at least twice in each year in every county organized for judicial purposes, and four times in each year in counties containing ten thousand inhabitants. Judges of the circuit court may hold courts for each other, and shall do so when required by law. S ECT. 12. The clerk of each county organized for judicial purposes shall be the clerk of the circuit court of such county, and of the supreme court when held within the same. S ECT. 13. In each of the counties organized for judicial purposes, there shall be a court of probate. The judge of such court shall be elected by the electors of the county in which he resides, and shall hold his office for four years, and until his successor is elected and qualified. The jurisdiction, powers and duties of such court shall be prescribed by law. S ECT. 14. When a vacancy occurs in the office of judge of the supreme, circuit or

S ECT. 16. The legislature may provide by law for the election of one or more persons in each organized county, who may be vested with judicial powers not exceeding those of a judge of the circuit court at chambers. S ECT. 17. There shall be not exceeding four justices of the peace in each organized township. They shall be elected by the electors of the townships, and shall hold their offices for four years, and until their successors are elected and qualified. At the first election in any township13 they shall be classified as shall be prescribed by law. A justice elected to fill a vacancy shall hold his office for the residue of the unexpired term. The Legislature may increase the number of justices in cities. S ECT. 18. In civil cases justices of the peace shall have exclusive jurisdiction to the amount of one hundred dollars, and concurrent jurisdiction to the amount of three hundred dollars, which may be increased to five hundred dollars, with such exceptions and restrictions as may be provided by law. They shall also have such criminal jurisdiction and perform such duties as shall be prescribed by the Legislature. S ECT. 19. Judges of the supreme court, circuit judges, and justices of the peace, shall be conservators of the peace within their respective jurisdictions. S ECT. 20. The first election of judges of the circuit courts, shall be held on the

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M ICHIGAN first Monday in April One thousand eight hundred and fifty one, and every sixth year thereafter. Whenever an additional circuit is created, provision shall be made to hold the subsequent election of such additional judge14 at the regular elections herein provided. S ECT. 21. The first election of judges of the probate courts shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and fifty two, and every fourth year thereafter. S ECT. 22. Whenever a judge shall remove beyond the limits of the jurisdiction for which he was elected, or a justice of the peace from the township in which he was elected, or by a change in the boundaries of such township shall be placed without the same; they shall be deemed to have vacated their respective offices. S ECT. 23. The legislature may establish courts of conciliation with such powers and duties as shall be prescribed by law. S ECT. 24. Any suitor in any court of this State shall have the right to prosecute or defend his suit, either in his own proper person, or by an attorney or agent of his choice. S ECT. 25. In all prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury, that the matter charged as libellous, is true, and was published with good motives and for justifiable ends, the party shall be acquitted. The jury shall have the right to determine the law and the fact. S ECT. 26. The person, houses, papers and possessions of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affirmation.

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S ECT. 27. The right of trial by jury shall remain, but shall be deemed to be waived in all civil cases unless demanded by one of the parties in such manner as shall be prescribed by law. S ECT. 28. In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and have the assistance of counsel for his defence. S ECT. 29. No person after acquittal upon the merits shall be tried for the same offence. All persons shall, before conviction, be bailable by sufficient sureties, except for murder and treason when the proof is evident or the presumption great. S ECT. 30. Treason against the State shall consist only in levying war against15 , or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act, or on confession in open court. S ECT. 31. Excessive bail shall not be required; excessive fines shall not be imposed; cruel or unusual punishment shall not be inflicted, nor shall witnesses be unreasonably detained. S ECT. 32. No person shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law. S ECT. 33. No person shall be imprisoned for debt arising out of, or founded on a contract express or implied, except in cases of

C ONSTITUTION OF M ICHIGAN (1850) fraud or breach of trust or of moneys collected by public officers or in any professional employment. No person shall be imprisoned for a militia fine in time of peace. S ECT. 34. No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief. S ECT. 35. The style of all process shall be “In the name of the people of the State of Michigan.”

ARTICLE VII Elections S ECT. 1. In all elections every white male citizen, every white male inhabitant residing in the State on the twenty fourth day of June, One thousand eight hundred and thirty five; every white male inhabitant residing in this State on the first day of January, One thousand eight hundred and fifty, who has declared his intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding an election, or who has resided in this state two years and six months and declared his intention as aforesaid, and every civilized male inhabitant of Indian descent, a native of the United States, and not a member of any tribe, shall be an elector and entitled to vote; but no citizen or inhabitant shall be an elector or entitled to vote at any election, unless he shall be above the age of twenty-one years, and has resided in this state three months, and in the township or ward in which he offers to vote, ten days next preceding such election. S ECT. 2. All votes shall be given by ballot, except for such township officers as may be authorized by law to be otherwise chosen. S ECT. 3. Every elector, in all cases, except treason, felony, or breach of the peace,

shall be privileged from arrest during his attendance at election, and in going to and returning from the same. S ECT. 4. No elector shall be obliged to do militia duty on the day of election, except in time of war or public danger, or attend court as a suitor or witness. S ECT. 5. No elector shall be deemed to have gained or lost a residence, by reason of his being employed in the service of the United States, or of this state; nor while engaged in the navigation of the waters of this state or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any alms-house or other asylum at public expense; nor while confined in any public prison. S ECT. 6. Laws may be passed to preserve the purity of elections, and guard against abuses of the elective franchise. S ECT. 7. No soldier, seaman, nor marine, in the army or navy of the United States, shall be deemed a resident of this state, in consequence of being stationed in any military or naval place within the same. S ECT. 8. Any inhabitant who may hereafter be engaged in a duel, either as principal or accessory before the fact, shall be disqualified from holding any office under the constitution and laws of this state and shall not be permitted to vote at any election.

ARTICLE VIII State Officers S ECT. 1. There shall be elected at each general biennial election a Secretary of State, a superintendent of public instruction, a state treasurer, a commissioner of the land office, an auditor general, and an attorney general for the term of two years.

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M ICHIGAN They shall keep their offices at the seat of government, and shall perform such duties as may be prescribed by law. S ECT. 2. Their term of office shall commence on the first day of January, One thousand eight hundred and fifty three, and of every second year thereafter. S ECT. 3. Whenever a vacancy shall occur in any of the state offices, the Governor shall fill the same by appointment, by and with the advice and consent of the Senate if in session. S ECT. 4. The secretary of state, state treasurer, and commissioner of the state land office shall constitute a board of state auditors to examine and adjust all claims against the state, not otherwise provided for by general law. They shall constitute a board of state canvassers to determine the result of all elections for governor, lieutenant governor and state officers, and of such other officers as shall by law be referred to them. S ECT. 5. In case two or more persons have an equal and the highest number of votes for any office, as canvassed by the board of state canvassers, the legislature, in joint convention, shall choose one of said persons to fill such office. When the determination of the board of state canvassers is contested, the legislature, in joint convention, shall decide which person is elected.

ARTICLE IX Salaries S ECT. 1. The governor shall receive an annual salary of one thousand dollars; the judges of the circuit court shall each receive an annual salary of one thousand five hundred dollars; the state treasurer shall receive an annual salary of one thousand dollars; the auditor general shall receive an annual

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salary of one thousand dollars; the superintendent of public instruction shall receive an annual salary of one thousand dollars; the secretary of state shall receive an annual salary of eight hundred dollars; the commissioner of the land office shall receive an annual salary of eight hundred dollars; the attorney general shall receive an annual salary of eight hundred dollars. They shall receive no fees or perquisites, whatever, for the performance of any duties connected with their offices. It shall not be competent for the legislature to increase the salaries herein provided.

ARTICLE X Counties S ECT. 1. Each organized county shall be a body corporate, with such powers and immunities as shall be established by law. All suits and proceedings by or against a county shall be in the name thereof. S ECT. 2. No organized county shall ever be reduced by the organization of new counties to less than sixteen townships as surveyed by the United States, unless in pursuance of law, a majority of electors residing in each county to be affected thereby shall so decide. The legislature may organize any city into a separate county, when it has attained a population of twenty thousand inhabitants, without reference to geographical extent, when a majority of the electors of a county in which such city may be situated, voting thereon, shall be in favor of a separate organization. S ECT. 3. In each organized county there shall be a sheriff, a county clerk, a county treasurer, a register of deeds and a prosecuting attorney, chosen by the electors thereof, once in two years, and as often as vacancies shall happen, whose duties and powers shall

C ONSTITUTION OF M ICHIGAN (1850) be prescribed by law. The board of supervisors in any county may unite the offices of county clerk and register of deeds in one office, or disconnect the same. S ECT. 4. The sheriff, county clerk, county treasurer, judge of probate and register of deeds, shall hold their offices at the county seat. S ECT. 5. The sheriff shall hold no other office, and shall be incapable of holding the office of sheriff longer than four in any period of six years. He may be required by law to renew his security from time to time, and in default of giving such security, his office shall be deemed vacant. The county shall never be responsible for his acts. S ECT. 6. A board of supervisors consisting of one from each organized township, shall be established in each county, with such powers as shall be prescribed by law. S ECT. 7. Cities shall have such representation in the board of supervisors of the counties in which they are situated, as the legislature may direct. S ECT. 8. No county seat once established shall be removed until the place to which it is proposed to be removed shall be designated by two thirds of the board of supervisors of the county, and a majority of the electors voting thereon shall have voted in favor of the proposed location, in such manner as shall be prescribed by law. S ECT. 9. The board of supervisors of any county may borrow or raise by tax one thousand dollars, for constructing or repairing public buildings, highways or bridges; but no greater sum shall be borrowed or raised by tax for such purpose in any one year, unless authorized by a majority of the electors of such county voting thereon. S ECT. 10. The board of supervisors, or in the County of Wayne, the board of county

auditors, shall have the exclusive power to prescribe and fix the compensation for all services rendered for, and to adjust all claims against their respective counties, and the sum so fixed or defined shall be subject to no appeal. S ECT. 11. The board of supervisors of each organized county may provide for laying out highways, constructing bridges, and organizing townships, under such restrictions and limitations as shall be prescribed by law.

ARTICLE XI Townships S ECT. 1. There shall be elected annually, on the first Monday of April, in each organized township, one supervisor, one township clerk, who shall be ex officio school inspector, one commissioner of highways, one township treasurer, one school inspector, not exceeding four constables, and one overseer of highways for each Highway district, whose powers and duties shall be prescribed by law. S ECT. 2. Each organized township, shall be a body corporate, with such powers and immunities as shall be prescribed by law. All suits and proceedings by or against a township shall be in the name thereof.

ARTICLE XII Impeachments and Removals from Office S ECT. 1. The house of representatives shall have the sole power of impeaching civil officers for corrupt conduct in office, or for crimes or16 misdemeanors; but a majority of the members elected shall be necessary to direct an impeachment.

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M ICHIGAN S ECT. 2. Every impeachment shall be tried by the Senate. When the governor or lieutenant governor is tried, the chief justice of the supreme court shall preside. When an impeachment is directed the Senate shall take an oath or affirmation truly and impartially to try and determine the same according to the evidence. No person shall be convicted without the concurrence of twothirds of the members elected. Judgment in case of impeachment shall not extend further than removal from office, but the party convicted shall be liable to punishment according to law. S ECT. 3. When an impeachment is directed the house of representatives shall elect from their own body three members, whose duty it shall be to prosecute such impeachment. No impeachment shall be tried until the final adjournment of the Legislature, when the Senate shall proceed to try the same. S ECT. 4. No judicial officer shall exercise his office after an impeachment is directed until he is acquitted. S ECT. 5. The governor may make a provisional appointment to fill a vacancy occasioned by the suspension of an officer until he shall be acquitted, or until after the election and qualification of a successor. S ECT. 6. For reasonable cause, which shall not be sufficient ground for the impeachment of a judge, the governor shall remove him on a concurrent resolution of two thirds of the members elected to each house of the Legislature; but the cause for which such removal is required shall be stated at length in such resolution. S ECT. 7. The Legislature shall provide by law for the removal of any officer elected by a county, township or school district, in such manner and for such cause as to them shall seem just and proper.

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ARTICLE XIII Education S ECT. 1. The superintendent of public instruction shall have the general supervision of public instruction, and his duties shall be prescribed by law. S ECT. 2. The proceeds from the sales of all lands that have been, or hereafter may be granted by the United States to the State for educational purposes, and the proceeds of all lands or other property given by individuals or appropriated by the state for like purposes, shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant or appropriation. S ECT. 3. All lands17 , the titles to which shall fail from a defect of heirs, shall escheat to the state; and the interest on the clear proceeds from the sales thereof, shall be appropriated exclusively to the support of primary schools. S ECT. 4. The legislature shall, within five years from the adoption of this constitution, provide for and establish a system of primary schools, whereby a school shall be kept without charge for tuition, at least three months in each year, in every school district in the state; and all instruction in said school18 shall be conducted in the English language. S ECT. 5. A school shall be maintained in each school district, at least three months in each year. Any school district neglecting to maintain such school, shall be deprived for the ensuing year, of its19 proportion of the income of the primary school fund, and of all funds arising from taxes, for the support of schools.

C ONSTITUTION OF M ICHIGAN (1850) S ECT. 6. There shall be elected in each judicial circuit, at the time of the election of the judge of such circuit, a regent of the university, whose term of office shall be the same as that of such judge. The regents thus elected, shall constitute the board of regents of the university of Michigan. S ECT. 7. The regents of the university and their successors in office, shall continue to constitute the body corporate, known by the name and title of “the regents of the University of Michigan.” S ECT. 8. The regents of the university shall, at their first annual meeting, or as soon thereafter as may be, elect a president of the university, who shall be ex officio a member of their board, with the privilege of speaking, but not of voting. He shall preside at the meetings of the regents, and be the principal executive officer of the university. The board of regents shall have the general supervision of the university, and the direction and control of all expenditures from the university interest fund. S ECT. 9. There shall be elected at the general election in the year one thousand eight hundred and fifty two, three members of a state board of education; one for two years, one for four years, and one for six years; and at each succeeding biennial election, there shall be elected one member of such board, who shall hold his office for six years. The superintendent of public instruction shall be ex officio a member and secretary of such board. The board shall have the general supervision of the state normal school, and their duties shall be prescribed by law. S ECT. 10. Institutions for the benefit of those inhabitants who are deaf, dumb, blind or insane, shall always be fostered and supported.

S ECT. 11. The legislature shall encourage the promotion of intellectual, scientific and agricultural improvement; and shall, as soon as practicable, provide for the establishment of an agricultural school. The legislature may appropriate the twenty two sections of salt spring lands now unappropriated, or the money arising from the sale of the same, where such lands have been already sold, and any land which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such school, and may make the same a branch of the University, for instruction in agriculture, and the natural sciences connected therewith, and place the same under the supervision of the regents of the University. S ECT. 12. The legislature shall also provide for the establishment of at least one library in each township; and all fines assessed and collected in the several counties and townships for any breach of the penal laws, shall be exclusively applied to the support of such libraries.

ARTICLE XIV Finance and Taxation S ECT. 1. All specific state taxes, except those received from the mining companies of the upper peninsula, shall be applied in paying the interest upon the primary school, university and other educational funds, and the interest, and principal of the State debt, in the order herein recited, until the extinguishment of the state debt, other than the amounts due to educational funds; when such specific taxes shall be added to, and constitute a part of the primary school interest fund. The legislature shall provide for an annual tax, sufficient with other resources, to pay the estimated expenses of the state government, the interest of the state debt,

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M ICHIGAN and such deficiency as may occur in the resources. S ECT. 2. The legislature shall provide by law, a sinking fund of at least twenty thousand dollars a year to commence in eighteen hundred and fifty two, with compound interest at the rate of six per cent. per annum, and an annual increase of at least five per cent., to be applied solely to the payment and extinguishment of the principal of the state debt, other than the amounts due to educational funds, and shall be continued until the extinguishment thereof. The unfunded debt shall not be funded or redeemed at a value exceeding that established by law in one thousand eight hundred and forty-eight. S ECT. 3. The state may contract debts to meet deficits in revenue. Such debts shall not in the aggregate at any one time exceed fifty thousand dollars. The moneys so raised shall be applied to the purposes for which they were obtained, or to the payment of the debts so contracted.

S ECT. 8. The state shall not subscribe to or be interested in the stock of any company, association or corporation. S ECT. 9. The state shall not be a party to or interested in any work of internal improvement, nor engaged in carrying on any such work, except in the expenditure of grants to the state, of land or other property. S ECT. 10. The state may continue to collect all specific taxes accruing to the treasury under existing laws. The legislature may provide for the collection of specific taxes, from banking, rail road, plank road, and other corporations hereafter created. S ECT. 11. The legislature shall provide an uniform rule of taxation, except on property paying specific taxes; and taxes shall be levied on such property as shall be prescribed by law. S ECT. 12. All assessments hereafter authorized shall be on property at its cash value.

S ECT. 4. The state may contract debts to repel invasion, suppress insurrection, or defend the state in time of war. The money arising from the contracting of such debts shall be applied to the purposes20 for which it was raised, or to repay such debts.

S ECT. 13. The legislature shall provide for an equalization by a state board in the year one thousand eight hundred and fifty one, and every fifth year thereafter, of assessments on all taxable property except that paying specific taxes.

S ECT. 5. No money shall be paid out of the treasury except in pursuance of appropriations made by law.

S ECT. 14. Every law which imposes, continues or revives a tax, shall distinctly state the tax, and the object to which it is to be applied; and it shall not be sufficient to refer to any other law to fix such tax or object.

S ECT. 6. The credit of the state shall not be granted to or in aid of any person, association or corporation. S ECT. 7. No scrip, certificate, or other evidence of state indebtedness, shall be issued, except for the redemption of stock previously issued, or for such debts as are expressly authorized in this constitution.

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ARTICLE XV Corporations S ECT. 1. Corporations may be formed under general laws; but shall not be created

C ONSTITUTION OF M ICHIGAN (1850) by special act, except for municipal purposes. All laws passed pursuant to this section may be altered, amended or repealed. S ECT. 2. No banking law or law for banking purposes, or amendments thereof, shall have effect until the same shall, after its passage, be submitted to a vote of the electors of the State, at a general election, and be approved by a majority of the votes cast thereon at such election. S ECT. 3. The officers and stockholders of every corporation or association for banking purposes, issuing bank notes or paper credits to circulate as money, shall be individually liable for all debts contracted during, the time of their being officers or stockholders of such corporation or association. S ECT. 4. The legislature shall provide by law for the registry of all bills or notes issued or put in circulation as money, and shall require security to the full amount of notes and bills so registered in State or United States stocks bearing interest, which shall be deposited with the State Treasurer, for the redemption of such bills or notes in specie. S ECT. 5. In case of the insolvency of any bank or banking association, the bill holders thereof shall be entitled to preference in payment, over all other creditors of such bank or association. S ECT. 6. The legislature shall pass no law authorizing or sanctioning the suspension of specie payments by any person, association, or corporation. S ECT. 7. The stockholders of all corporations and joint stock associations shall be individually liable for all labor performed for such corporation or association. S ECT. 8. The legislature shall pass no law altering or amending any act of incorporation heretofore granted, without the as-

sent of two-thirds of the members elected to each house; nor shall any such act be renewed or extended. This restriction shall not apply to municipal corporations. S ECT. 9. The property of no person shall be taken by any corporation for public use, without compensation being first made or secured, in such manner as may be prescribed by law. S ECT. 10. No corporation except for municipal purposes or for the construction of rail roads plank roads and canals, shall be created for a longer time than thirty years. S ECT. 11. The term “corporations” as used in the preceding sections of this article, shall be construed to include all associations and joint stock companies having any of the powers or privileges of corporations, not possessed by individuals or partnerships. All corporations shall have the right to sue and be subject to be sued, in all courts, in like cases as natural persons. S ECT. 12. No corporation shall hold any real estate hereafter acquired, for a longer period than ten years, except such real estate as shall be actually occupied by such corporation in the exercise of its franchises. S ECT. 13. The legislature shall provide for the incorporation and organization of cities and villages, and shall restrict their powers of taxation, borrowing money, contracting debts, and loaning their credit. S ECT. 14. Judicial officers of cities and villages shall be elected and all other officers shall be elected or appointed at such time and in such manner as the legislature may direct. S ECT. 15. Private property shall not be taken for public improvements in cities and villages without the consent of the owner, unless the compensation therefor shall first be determined by a jury of freeholders and

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M ICHIGAN actually paid or secured in the manner provided by law. S ECT. 16. Previous notice of any application for an alteration of the charter of any corporation shall be given in such manner as may be prescribed by law.

ARTICLE XVI Exemptions S ECT. 1. The personal property of every resident of this State, to consist of such property only as shall be designable21 by law, shall be exempted to the amount of not less than five hundred dollars from sale on execution or other final process of any court, issued for the collection of any debt contracted after the adoption of this Constitution. S ECT. 2. Every homested of not exceeding forty acres of land, and the dwelling house thereon, and the appurtenances to be selected by the owner thereof, and not included in any town plat, city or village; or instead thereof, at the option of the owner, any lot in any city, village, or recorded town plat, or such parts of lots as shall be equal thereto, and the dwelling house thereon, and its appurtenances, owned and occupied by any resident of the State, not exceeding in value fifteen hundred dollars, shall be exempt from forced sale on execution or any other final process from a court, for any debt contracted after the adoption of this Constitution. Such exemption shall not extend to any mortgage thereon lawfully obtained, but such mortgage or other alienation of such land by the owner thereof, if a married man, shall not be valid without the signature of the wife to the same. S ECT. 3. The homested of a family, after the death of the owner thereof, shall be

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exempt from the payment of his debts contracted after the adoption of this constitution, in all cases during the minority of his children. S ECT. 4. If the owner of a homested die, leaving a widow, but no children, the same shall be exempt, and the rents and profits thereof shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homested in her own right. S ECT. 5. The real and personal estate of every female, acquired before marriage, and all property to which she may afterwards become entitled, by gift, grant, inheritance or devise, shall be and remain the estate and property of such female, and shall not be liable for the debts, obligations or engagements of her husband; and may be devised or bequeathed by her as if she were unmarried.

ARTICLE XVII Militia S ECT. 1. The militia shall be composed of all able bodied white male citizens between the ages of eighteen and forty-five years, except such as are exempted by the laws of the United States or of this state; but all such citizens of any religious denomination whatever, who, from scruples of conscience, may be averse to bearing arms, shall be excused therefrom, upon such conditions as shall be prescribed by law. S ECT. 2. The legislature shall provide by law for organizing, equipping and disciplining the militia, in such manner as they shall deem expedient, not incompatible with the laws of the United States. S ECT. 3. Officers of the militia shall be elected or appointed and be commissioned in such manner as may be provided by law.

C ONSTITUTION OF M ICHIGAN (1850)

ARTICLE XVIII Miscellaneous Provisions S ECT. 1. Members of the legislature, and all officers, executive and judicial, except such officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: “I do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of –––––– according to the best of my ability.” And no other oath, declaration or test shall be required as a qualification for any office or public trust. S ECT. 2. When private property is taken for the use or benefit of the public, the necessity for using such property, and the just compensation to be made therefor, except when to be made by the state, shall be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or by not less than three commissioners, appointed by a court of record, as shall be prescribed by law. S ECT. 3. No mechanical trade shall hereafter be taught to convicts in the state prison of this state, except the manufacture of those articles, of which the chief supply for home consumption is imported from other states or countries. S ECT. 4. No navigable stream in this state shall be either bridged or damed without authority from the board of supervisors of the proper county, under the provisions of law. No such law shall prejudice the right of individuals to the free navigation of such streams, or preclude the state from the further improvement of the navigation of such streams22 . S ECT. 5. An accurate statement of the receipts and expenditures of the public mon-

eys shall be attached to, and published with the laws, at every regular session of the legislature. S ECT. 6. The laws, public records, and the written judicial and legislative proceedings of the state, shall be conducted, promulgated and preserved in the English language. S ECT. 7. Every person has a right to bear arms for the defence of himself and the state. S ECT. 8. The military, shall, in all cases, and at all times, be in strict subordination to the civil power. S ECT. 9. No soldier shall, in time of peace, be quartered in any house without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law. S ECT. 10. The people have the right peaceably to assemble together, to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of grievances. S ECT. 11. Neither slavery, nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this state. S ECT. 12. No lease or grant hereafter of agricultural land for a longer period than twelve years, reserving any rent or service of any kind, shall be valid. S ECT. 13. Aliens who are, or who may hereafter become bona fide residents of this state, shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property, as native born citizens. S ECT. 14. The property of no person shall be taken for public use without just compensation therefor. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity23 of

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M ICHIGAN the road and the amount of all damages24 to be sustained by the opening thereof, shall be first determined by a jury of freeholders; and such amount, together with the expenses of proceedings, shall be paid by the person or persons to be benefitted. S ECT. 15. No general revision of the laws shall hereafter be made. When a reprint thereof becomes necessary the Legislature in joint convention shall appoint a suitable person to collect together such acts and parts of acts as are in force, and without alteration, arrange them under appropriate heads and titles. The laws so arranged shall be submitted to two commissioners appointed by the Governor for examination and if certified by them to be a correct compilation of all general laws in force shall be printed in such manner as shall be prescribed by law.

ARTICLE XIX Upper Peninsula S ECT. 1. The counties of Mackinac, Chippewa, Delta, Marquette, Schoolcraft, Houghton and Ontonagon25 , and the islands and territory thereunto attached, the islands of Lake Superior, Huron & Michigan and in Green Bay, and the straits of Mackinac and the River Ste. Marie, shall constitute a separate judicial district, and be entitled to a district judge and district attorney. S ECT. 2. The district judge shall be elected by the electors of such district, and shall perform the same duties and possess the same powers as a circuit judge in his circuit, and shall hold his office for the same period. S ECT. 3. The district attorney shall be elected every two years by the electors of the district, shall perform the duties of prosecuting attorney throughout the entire district, and may issue warrants for the arrest

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of offenders in cases of felony, to be proceeded with as shall be prescribed by law. S ECT. 4. Such judicial district shall be entitled at all times to at least one senator, and until entitled to more by its population, it shall have three members of the House of Representatives, to be apportioned among the several counties by the legislature. S ECT. 5. The legislature may provide for the payment of the district judge a salary not exceeding one thousand dollars a year, and of the district attorney not exceeding seven hundred dollars a year; and may allow extra compensation to the members of the legislature from such territory not exceeding two dollars a day during any session. S ECT. 6. The elections for all district or county officers, state senator or representatives, within the boundaries defined in this article, shall take place on the last Tuesday of September in the respective years in which they may be required. The county canvass shall be held on the first Tuesday in October thereafter, and the district canvass on the last Tuesday of said October. S ECT. 7. One half of the taxes received into the treasury from mining corporations in the upper peninsula paying an annual state tax of one per cent, shall be paid to the treasurers of the counties from which it is received, to be applied for township and county purposes, as provided by law. The Legislature shall have power, after the year one thousand eight hundred and fifty five to reduce the amount to be refunded. S ECT. 8. The legislature may change the location of the state prison from Jackson to the Upper Peninsula. S ECT. 9. The charters of the several mining corporations may be modified by the legislature, in regard to the term limited for subscribing to stock, and in relation to the quantity of land which a corporation shall

C ONSTITUTION OF M ICHIGAN (1850) hold; but the capital shall not be increased, nor the time for the existence of charters extended. No such corporation shall be permitted to purchase or hold any real estate, except such as shall be necessary for the exercise of its corporate franchises.

ARTICLE XX Amendment and Revision of the Constitution S ECT. 1. Any amendment or amendments to this constitution may be proposed in the senate or house of representatives. If the same shall be agreed to by two thirds of the members elected to each house, such amendment or amendments shall be entered on their journals respectively with the yeas and nays taken thereon, and the same shall be submitted to the electors at the next general election thereafter, and if a majority of the electors qualified to vote for members of the legislature voting thereon, shall ratify and approve such amendment or amendments, the same shall become part of the constitution. S ECT. 2. At the general election to be held in the year one thousand eight hundred and sixty-six, and in each sixteenth year thereafter; and also at such other times as the legislature may by law provide, the question of a general revision of the constitution shall be submitted to the electors qualified to vote for members of the legislature; and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a convention for such purpose, the legislature, at the next session, shall provide by law for the election of delegates to such convention. All the amendments shall take effect at the commencement of the political year after their adoption.

SCHEDULE That no inconvenience may arise from the changes in the constitution of this State, and in order to carry the same into complete operation, it is hereby declared, that S ECT. 1. The common law and the statute laws now in force, not repugnant to this constitution, shall remain in force until they expire by their own limitations, or are altered or repealed by the legislature. S ECT. 2. All writs, actions, causes of action, prosecutions and rights of individuals and of bodies corporate, and of the State, and all charters of incorporation, shall 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, except as herein otherwise provided, shall continue with the like powers and jurisdiction, both at law and in equity, as if this constitution had not been adopted, and until the organization of the judicial department under this constitution. S ECT. 3. That all fines, penalties, forfeitures and escheats accruing to the State of Michigan under the present constitution and laws, shall accrue to the use of the state under this constitution. S ECT. 4. That all recognizances, bonds, obligations, and all other instruments entered into or executed before the adoption of this constitution, to the people of the State of Michigan, to any State, county or township or any public officer, or public body, or which may be entered into or executed, under existing laws, “to the people of the State of Michigan,” to any such officer or public body, before the complete organization of the departments of government under this constitution, shall remain binding

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M ICHIGAN and valid; and rights and liabilities upon the same shall continue and may be prosecuted as provided by law. And all crimes and misdemeanors and penal actions, shall be tried, punished and prosecuted, as though no change had taken place, until otherwise provided by law. S ECT. 5. A Governor and Lieutenant Governor shall be chosen under the existing constitution and laws to serve after the expiration of the term of the present incumbent. S ECT. 6. All officers, civil and military, now holding any office or appointment, shall continue to hold their respective offices, unless removed by competent authority, until superseded under the laws now in force, or under this constitution. S ECT. 7. The members of the Senate and House of Representatives of the Legislature of one thousand eight hundred and fifty one shall continue in office under the provisions of law, until superseded by their successors elected and qualified under this constitution. S ECT. 8. All county officers, unless removed by competent authority, shall continue to hold their respective offices until the first –––– day26 of January, in the year one thousand eight hundred and fifty three. The laws now in force as to the election qualification and duties of township officers, shall continue in force until the Legislature shall, in conformity to the provisions of this constitution, provide for the holding of elections to fill such offices, and prescribe the duties of such officers, respectively. S ECT. 9. On the first day of January in the year one thousand eight hundred and fifty two, the terms of office of the judges of the supreme court, under existing laws, and of the Judges of the county courts, and of the clerks of the supreme court, shall expire; –––––27 on the said day.

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S ECT. 10. On the first day of January in the year one thousand eight hundred and fifty two, the jurisdiction of all suits and proceedings then pending in the present supreme courts28 , shall become vested in the supreme court established by this constitution, and shall be finally adjudicated by the court where the same may be pending. The jurisdiction of all suits and proceedings at law and equity, then pending in the circuit courts and county courts for the several counties, shall become vested in the circuit courts29 of the said counties and District Court for the Upper Peninsula. S ECT. 11. The probate courts, the courts of justices of the peace, and the police court authorized by an act entitled “An act to establish a Police court in the City of Detroit, approved April second, one thousand eight hundred and fifty,” shall continue to exercise the jurisdiction and powers now conferred upon them respectively, until otherwise provided by law. S ECT. 12. The office of State Printer shall be vested in the present incumbent until the expiration of the term for which he was elected under the law then in force; and all the provisions of the said law relating to his duties, rights, privileges and compensation, shall remain unimpaired and inviolate until the expiration of his said term of office. S ECT. 13. It shall be the duty of the Legislature, at their first session, to adapt the present laws to the provisions of this constitution, as far as may be. S ECT. 14. The Attorney General of the state is required to prepare and report to the Legislature at the commencement of the next session such changes and modifications in existing laws as may be deemed necessary to adapt the same to this constitution, and as may be best calculated to carry

C ONSTITUTION OF M ICHIGAN (1850) into effect its provisions and he shall receive no additional compensation therefor. S ECT. 15. Any territory attached to any county for judicial purposes, if not otherwise represented, shall be considered as forming part of such county, so far as regards elections for the purpose of representation. S ECT. 16. This constitution shall be submitted to the people for their adoption or rejection, at the general election to be held on the first Tuesday of November, one thousand eight hundred and fifty; and there shall also be submitted for adoption or rejection, at the same time the separate resolution in relation to the elective franchise; and it shall be the duty of the Secretary of State, and all other officers required to give or publish any notice in regard to the said general election, to give notice, as provided by law in case of an election of Governor, that this constitution has been duly submitted to the electors at said election. Every newspaper within this state publishing in the month of September next, this constitution as submitted shall receive, as compensation therefor, the sum of Twenty five dollars to be paid as the Legislature shall direct. S ECT. 17. Any person entitled to vote for members of the legislature, by the Constitution and laws now in force, shall at the said election be entitled to vote for the adoption or rejection of this constitution, and for or against the resolution separately submitted, at the places and in the manner provided by law for the election of members of the legislature. S ECT. 18. At the said general election a ballot box shall be kept, by the several boards of Inspectors thereof, for receiving the votes cast for or against the adoption of this constitution; and on the ballots shall be written or printed, or partly written and partly printed, the words “Adoption of the

constitution – yes,” or “Adoption of the constitution – no.” S ECT. 19. The canvass of the votes cast for the adoption or rejection of this Constitution, and the provision in relation to the elective franchise separately submitted, and the returns thereof shall be made by the proper canvassing officers, in the same manner as now provided by law for the canvass and return of the votes cast at an election for governor, as near as may be, and the return thereof shall be directed to the Secretary of State. On the sixteenth day of December next or within five days thereafter, the Auditor General, State Treasurer, and Secretary of State, shall meet at the capitol, and proceed in presence of the Governor, to examine and canvass the returns of the said votes, and proclamation shall forthwith be made by the Governor of the result thereof. If it shall appear that a majority of the votes cast upon the question, have thereon “Adoption of the Constitution – yes,” this constitution shall be the supreme law of the state from and after the first day of January one thousand eight hundred and fifty one except as is herein otherwise provided; but if a majority of the votes cast upon the question, have thereon “Adoption of the Constitution – no,” the same shall be null and void. And in case of the adoption of this constitution, said officers shall immediately, or as soon thereafter as practicable, proceed to open the statements of votes returned from the several counties for Judges of the Supreme Court and State officers under the act entitled “An act to amend the Revised Statutes and to provide for the election of certain officers by the people in pursuance to an amendment of the Constitution” approved February sixteenth one thousand eight hundred and fifty, and shall ascertain, determine and certify the results of the election for said officers under said acts, in the same manner, as near as may

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M ICHIGAN be, as is now provided by law in regard to the election of Representatives in Congress. And the several judges and officers so ascertained to have been elected may be qualified and enter upon the duties of their respective offices, on the first Monday of January next or as soon thereafter as practicable. S ECT. 20. The salaries or compensation of all persons holding office under the present constitution shall continue to be the same as now provided by law, until superseded by their successors elected or appointed under this constitution; and it shall not be lawful hereafter for the Legislature to increase or diminish the compensation of any officer during the term for which he is elected or appointed. S ECT. 21. The Legislature, at their first session, shall provide for the payment of all expenditures of the convention to revise the constitution and of the publication of the same as is provided in this article. S ECT. 22. Every county except Mackinaw and Chippewa entitled to a representative in the legislature, at the time of the adoption of this constitution, shall continue to be so entitled under this constitution, and the county of Saginaw, with the territory that may be attached, shall be entitled to one Representative; the county of Tuscola, and the territory that may be attached, one Representative; the county of Sanilac, and the territory that may be attached, one Representative; the counties of Midland and Aronac, with the territory that may be attached, one Representative; the county of Montcalm, with the territory that may be attached thereto, one Representative; and the counties of Newaygo and Oceana, with the territory that may be attached thereto, one Representative; each county having a ratio of representation and a fraction over, equal to a moiety of said ratio, shall be entitled to two representatives; and so on above that

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number, giving one additional member for each additional ratio. S ECT. 23. The cases pending and undisposed of in the late Court of chancery at the time of the adoption of this constitution, shall continue to be heard and determined by the judges of the Supreme Court: But the legislature shall at its session in one thousand eight hundred and fifty one provide by law for the transfer of said causes that may remain undisposed of on the first day of January one thousand eight hundred and fifty two to the Supreme or Circuit Court established by this Constitution, or require that the same may be heard and determined by the Circuit judges. S ECT. 24. The term of office of the Governor and Lieutenant Governor shall commence on the first day of January next after their election. S ECT. 25. The territory described in the article entitled “Upper Peninsula” shall be attached to and constitute a part of the third Circuit for the election of a Regent of the University. S ECT. 26. The legislature shall have authority after the expiration of the term of office of the District Judge first elected for the “Upper Peninsula” to abolish said office of District Judge and district attorney or either of them. S ECT. 27. The legislature shall at its session of one thousand eight hundred and fifty one, apportion the representatives among the several counties and districts, and divide the state into Senate districts pursuant to the provisions of this constitution. S ECT. 28. The terms of office of all State and county officers, of the Circuit Judges, members of the board of education, and members of the Legislature shall begin on the first day of January next succeeding their election.

C ONSTITUTION OF M ICHIGAN (1850) S ECT. 29. The State, exclusive of the Upper Peninsula, shall be divided into eight judicial Circuits, and the Counties of Monroe, Lenawee and Hillsdale shall constitute the first circuit; the counties of Branch, St. Joseph, Cass and Berrien shall constitute the second circuit; the county of Wayne shall constitute the third circuit; the counties of Washtenaw, Jackson and Ingham shall constitute the fourth circuit; the Counties of Calhoun, Kalamazoo, Allegan, Eaton and Van Buren shall constitute the fifth circuit; the30 counties of St. Clair, Macomb, Oakland and Sanilac shall constitute the sixth Circuit; the Counties of Lapeer, Genesee, Saginaw, Shiawassee, Livingston, Tuscola and Midland shall constitute the seventh Circuit; and the Counties of Barry, Kent, Ottawa, Ionia, Clinton and Montcalm shall constitute the eighth Circuit.

RESOLUTION S ECT. 30. At the next general election, and at the same time when the votes of the electors shall be taken for the adoption or rejection of this constitution, an additional amendment to Section one of Article seven in the words following: “Every colored male inhabitant possessing the qualifications required by the first section of the second article of the Constitution, shall have the rights and privileges of

an elector” shall be separately submitted to the electors of this State for their adoption or rejection, in form following, to wit: A separate ballot may be given by every person having the right to vote for the revised Constitution, to be deposited in a separate box. Upon the ballots given for the adoption of the said separate amendment shall be written or printed, or partly written and partly printed, the words “Equal suffrage to colored persons? Yes;” and upon all ballots given against the adoption of the said separate amendment, in like manner, the words “Equal suffrage to colored persons? No.” And on such ballots shall be written or printed, or partly written and partly printed, the words “Constitution: Suffrage,” in such manner that such words shall appear on the outer side of such ballot when folded. If, at said election, a majority of all the votes given for and against the said separate amendment shall contain the words, “Equal suffrage to colored persons? Yes,” then there shall be inserted in the first section of the article between the words “tribe /31 shall” these words “and every colored male inhabitant,” anything in the Constitution to the contrary notwithstanding.32 Done in Convention, at the Capitol of the State this fifteenth day of August, in the year of our Lord one thousand eight hundred and fifty and of the Independence of the United States the seventy fifth.

D. GOODWIN, President.33 Oka Town J[oseph]. W. T. Orr Jacob Beeson Calvin Britain Charles W. Whipple Asahel Brown Wales Adams James Sullivan34 Isaac E. Crary

Geo[rge]. C. Harvey E[li]. Barnard Daniel S. Lee Robert Crouse Robert Warden, Jr. William Norman McLeod C. W. Chapel A. S. Robertson

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M ICHIGAN John D. Pierce Nathan Pierce Milo Soule William V. Morrison Geo[rge]. Redfield David Sturgis John D. Burns Cha[rle]s. E. Beardsley John Bartow Elbridge G. Gale D[e]. W[itt]. C. Leach John Mosher Daniel Kinne John P. Cook35 E[phraim]. B. Danforth C[harles]. P. Bush Henry Bartow Cyrus Lovell J[ohn]. L. Butterfield R[obert]. H. Anderson E[lisha]. S. Robinson W[ilbur]. F. Storey J[erry]. G. Cornell Volney Hascall Rix Robinson Thomas B. Church Timothy Eastman39 Noah H. Hart J[oseph]. R. White Charles Chandler Addison J. Comstock Ebenezer Daniels Nelson Green

D. C. Walker R[obert]. McClelland Alexander M. Arzeno Henry B. Marvin Emerson Choate G[ideon]. O. Whittemore J[acob]. Van Valkenburgh James Webster Elias S. Woodman A. H. Hanscom Z. M. Mowry Seneca Newberry William Axford J. G. Sutherland36 E. S. Moore W[illia]m. [O.] Conner Joseph R. Williams F[rancis]. J. Prevost I[saac]. W. Willard37 Elias M. Skinner Earl P. Gardiner Morgan O’Brien James M. Edmunds Benj. W. Waite38 Wm. S. Carr James Kingsley Peter Desnoyer Ammon Brown E[benezer]. C.40 Eaton Joseph H. Bagg Henry Fralick John Gibson H[enry]. J. Alvord H. T. Bachus41 B. F. H. Witherell42

JOHN SWEGLES, Jr., HORACE S. ROBERTS, CHARLES HASCALL, Secretaries.

1

Verified by The Revised Constitution of the State of Michigan, Adopted in Convention, August 15, 1850. By Authority, Lansing: R. W. Ingals, State Printer, 1850, 40 p., and corrected according to the original engrossed

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manuscript preserved in the Michigan State Archives at Lansing, MI. Also checked against the versions published in the Convention Journal (Journal of the Constitutional Convention of the State of Michigan.

C ONSTITUTION OF M ICHIGAN (1850) 1850. Printed by order of the Convention, under the supervision of John Swegles, Jr., Principal Secretary of the Convention, Lansing: R. W. Ingals, State Printer, 1850, 524–563), and in the Convention Debates (Report of the Proceedings and Debates in the Convention to Revise the Constitution of the State of Michigan. 1850, Lansing: R. W. Ingals, State Printer, 1850, xxiii-xliii). Spelling, capitalization, and punctuation as in the engrossed manuscript. Obvious typographical errors have been passed over in the subsequent annotations. The constitution was adopted by the convention on August 15, 1850, and ratified by the people on November 5, 1850 by a majority of 26,736 votes (cf. Byron M. Cutcheon, Michigan As a State: From Its Admission to the Union to the Close of the Civil War [Henry M. Utley and Byron M. Cutcheon, Michigan As a Province, Territory and State, the Twenty-Sixth Member of the Federal Union, III], New York: Americana Press for The Publishing Society of Michigan, 1906, 344). It was amended three times before the outbreak of the Civil War (q.v.) and continued to be amended until it was superseded by the third constitution of Michigan in 1908. 2 U.S. Statutes at Large, 24th Congress, Sess. I, Ch. 99. 3 Reference is made to “An act to enable the people of the Indiana Territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states”, U.S. Statutes at Large, 14th Congress, Sess. I., Ch. 57. 4 In Revised Constitution, 4, and in Convention Journal, 525, “§ 1. The”; in Convention Debates, xxiii, “Sec. 1. The”. 5 In Convention Debates, xxiii, “in”. 6 On March 17, 1847, the legislature, by joint resolution, had proposed an amendment to the Constitution of 1835 (q.v.) to introduce single representative districts: “The legislature of eighteen hundred and fortynine shall provide by law for dividing such counties into single representative districts as are entitled to more than one representative, and the first session of the legislature after each enumeration of the inhabitants of Michigan made by the authority of the United States or by the State of Michigan, shall provide for apportioning the State anew into single representative districts” (Acts of the Legislature of the State of Michigan, Passed at the Annual Session of 1847: With an Appendix, Containing the Treasurer’s Annual Report, &C. By Authority, Detroit: Bagg & Harmon, Printers to the State, 1847, 204). The proposed amendment was not re-adopted by the legislature in 1848, as constitutionally required. 7 In Revised Constitution, 5, in Convention Journal, 526, and in Convention Debates, xxiv, “[or this State,]” added. 8 In Revised Constitution, 6, in Convention Journal, 527, and in Convention Debates, xxv, “require”.

9

In Revised Constitution, 7, in Convention Journal, 528, and in Convention Debates, xxv, word missing. 10 In Revised Constitution, 8, in Convention Journal, 529, and in Convention Debates, xxvi, “nor”. 11 In Revised Constitution, 12, in Convention Journal, 533, and in Convention Debates, xxviii, word missing. 12 In Revised Constitution, 13, in Convention Journal, 533, and in Convention Debates, xxviii, “[Governor]” added. 13 In Convention Debates, xxx, “townships”. 14 In Revised Constitution, 16, in Convention Journal, 537, and in Convention Debates, xxx, “judges”. 15 In Convention Debates, xxx, “[it,]” added. 16 Ibid., xxxiii, “and”. 17 Ibid., “land”. 18 In Revised Constitution, 23, in Convention Journal, 544, and in Convention Debates, xxxiv, “schools”. 19 In Convention Debates, xxxiv, “ensuing of year its”. 20 Ibid., xxxv, “purpose”. 21 In Revised Constitution, 28, in Convention Journal, 549, and in Convention Debates, xxxvi, “designated”. 22 In Revised Constitution, 30, and in Convention Journal, 551, “stream”. 23 In Convention Debates, xxxvii, “necessities”. 24 Ibid., “damage”. 25 In manuscript, “Ontonagan”. 26 Ibid., blank space, apparently left open for precise day to be inserted later. In Revised Constitution, 34, in Convention Journal, 555, and in Convention Debates, xxxix, “first day”. 27 In manuscript, blank space. 28 In Convention Debates, xxxix, “Court”. 29 Ibid., xl, “Court”. 30 In Revised Constitution, 35, in Convention Journal, 559, and in Convention Debates, xlii, “[the]”. 31 In Revised Constitution, 39, in Convention Journal, 560, and in Convention Debates, xlii, “and”. 32 On November 5, 1850, the amendment was rejected by the people by a vote of 12,840 to 32,026 (cf. The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies, Now or Heretofore Forming the United States of America, ed. by Francis Newton Thorpe, 7 vols., Washington: Government Printing Office, 1909, IV, 1974). 33 Subsequent signatures in the order of the manuscript, which basically corresponds to the alphabetical order of counties, as given in Convention Journal, 562– 563, with first names added as ibid., and in Convention Debates, v-vi. 34 In Revised Constitution, 39–40, in Convention Journal, 562–563, and in Convention Debates, xlii-xliii, name missing. Reported “absent at the time of the adoption of the Constitution” (Convention Journal, 563), but signed the engrossed manuscript. 35 In Revised Constitution, 39–40, in Convention Journal, 562–563, and in Convention Debates, xlii-xliii,

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M ICHIGAN name missing. Reported “absent at the time of the adoption of the Constitution” (Convention Journal, 563), but signed the engrossed manuscript. 36 In Revised Constitution, 39–40, in Convention Journal, 562–563, and in Convention Debates, xlii-xliii, name missing. Reported “absent at the time of the adoption of the Constitution” (Convention Journal, 563), but signed the engrossed manuscript. 37 In Revised Constitution, 39–40, in Convention Journal, 562–563, and in Convention Debates, xlii-xliii, name missing. Reported “absent at the time of the adoption of the Constitution” (Convention Journal, 563), but signed the engrossed manuscript. 38 In Convention Journal, 563, “Wait”. 39 In Revised Constitution, 39–40, in Convention Jour-

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nal, 562–563, and in Convention Debates, xlii-xliii, name missing. Reported “absent at the time of the adoption of the Constitution” (Convention Journal, 563), but signed the engrossed manuscript. 40 In Convention Journal, 563, “E.”. 41 In Revised Constitution, 39–40, in Convention Journal, 562–563, and in Convention Debates, xlii-xliii, name missing. Reported “absent at the time of the adoption of the Constitution” (Convention Journal, 563), but signed the engrossed manuscript. 42 In Revised Constitution, 39–40, in Convention Journal, 562–563, and in Convention Debates, xlii-xliii, name missing. Reported “absent at the time of the adoption of the Constitution” (Convention Journal, 563), but signed the engrossed manuscript.

First Amendment of 1860 Joint Resolution to provide for an amendment of the constitution, concerning banking corporations1

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

1

Verified by Acts of the Legislature of the State of Michigan, Passed at the Regular Session of 1859: With an Appendix, Containing Certified Statements of Boards of Supervisors relative to the Election of New Townships; also, State Treasurer’s Annual Report for the year 1858. By Authority, Lansing: Hosmer & Kerr, Printers to the State, 1859, 1100. Spelling, capitalization, and punctuation follow the Session Law

print. The amendment was approved by the legislature in accordance with the constitutional requirements on February 11, 1859, and was adopted by the people with a vote of 59,954 to 15,477 in November 1860 (cf. The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies, Now or Heretofore Forming the United States of America, ed. by Francis Newton Thorpe, 7 vols., Washington: Government Printing Office, 1909, IV, 1974). It amended art. XV, sect. 3. Two years before, in November 1858, a general banking law had been adopted by the people in conformity with art. XV, sect. 2, of the constitution, which Thorpe (cf. ibid.) mistakenly listed as an amendment. For the text of the law, cf. Acts of the Legislature of the State of Michigan, Passed at the Regular Session of 1857, With an Appendix, Containing Certified Statements of Boards of Supervisors relative to the Erection of New Townships; also, State Treasurer’s Annual Reports for the years 1855 and 1856. By Authority, Detroit: John A. Kerr & Co.; Lansing: Hosmer & Fitch, Printers to the State, 1857, 362–380 (“An Act to authorize the business of banking”).

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Second Amendment of 1860 Joint Resolution proposing an amendment to section two, article eighteen, of the constitution of this State, relative to the action of commissioners of highways1

That there be added to said section two, article eighteen, the following words, to wit: “Provided, The foregoing provision shall in no case be construed to apply to the action of commissioners of highways in the official discharge of their duty as highway commissioners.” 1

Verified by Acts of the Legislature of the State of Michigan, Passed at the Regular Session of 1859, With an Appendix, Containing Certified Statements

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of Boards of Supervisors relative to the Erection of New Townships; also, State Treasurer’s Annual Report for the year 1858. By Authority, Lansing: Hosmer & Kerr, Printers to the State, 1859, 1102–1103. Spelling, capitalization, and punctuation follow the Session Law print. The amendment was approved by the legislature in accordance with the constitutional requirements on February 12, 1859, and was adopted by the people with a vote of 62,936 to 8,054 in November 1860 (cf. The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies, Now or Heretofore Forming the United States of America, ed. by Francis Newton Thorpe, 7 vols., Washington: Government Printing Office, 1909, IV, 1974).

Third Amendment of 1860 Joint Resolution to provide for an amendment to the Constitution in respect to the sessions of the Legislature1

The Legislature shall meet at the seat of government on the first Wednesday in January, in the year one thousand eight hundred and sixty-one, and on the first Wednesday of January in every second year thereafter, and at no other place or time, unless as provided in the Constitution of the State, and shall adjourn without day at such time as the Legislature shall fix by concurrent resolution. No new bill shall be introduced into either house of the Legislature after the first fifty days of a session shall have expired. The compensation of the members of the Legislature shall be three dollars per day for actual attendance, and when absent on account of sickness, but the Legislature may allow extra compensation to the members from the territory of the Upper Peninsula not exceed-

ing two dollars per day during the session. 1

Verified by Acts of the Legislature of the State of Michigan, Passed at the Regular Session of 1859, With an Appendix, Containing Certified Statements of Boards of Supervisors relative to the Erection of New Townships; also, State Treasurer’s Annual Report for the year 1858. By Authority, Lansing: Hosmer & Kerr, Printers to the State, 1859, 1105–1106. Spelling, capitalization, and punctuation follow the Session Law print. The amendment was approved by the legislature in accordance with the constitutional requirements on February 14, 1859, and was adopted by the people with a vote of 53,152 to 18,246 in November 1860 (cf. The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies, Now or Heretofore Forming the United States of America, ed. by Francis Newton Thorpe, 7 vols., Washington: Government Printing Office, 1909, IV, 1974). It altered and amended art. IV, sect. 15, 28, and 33.

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Constitution of Minnesota (1857) Constitution of the State of Minnesota1

PREAMBLE W E, the people of the State of Minnesota, grateful to God for our civil and religious liberty, and desiring to perpetuate its blessings, and secure the same to ourselves and our posterity, do ordain and establish this Constitution:

ARTICLE I Bill of Rights S ECT. 1. Government is instituted for the security, benefit and protection of the people, in whom all political power is inherent, together with the right to alter, modify or reform such Government, whenever the public good may require it. S ECT. 2. No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by2 the law of the land, or the judgment of his peers. There shall be neither slavery nor involuntary servitude in the State otherwise than in3 the punishment of crime whereof the party shall have been duly convicted. S ECT. 3. The liberty of the press shall forever remain inviolate, and all persons may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of such right. S ECT. 4. The right of trial by jury shall remain inviolate, and shall extend to all cases at law without regard to the amount in

controversy, but a jury trial may be waived by the parties in all cases, in the manner prescribed by law. S ECT. 5. Excessive bail shall not be required, nor shall excessive fines be imposed, nor shall cruel or unusual punishments be inflicted. S ECT. 6. In all criminal prosecutions the accused shall enjoy the right to a speedy and4 public trial by an impartial jury of the county or district wherein the crime shall have been committed, which county or district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel in his defense. S ECT. 7. 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 Justices5 of the Peace, or arising in the Army or Navy, or in the militia when in actual service in time of war or public danger, and no person for the same offence shall be put twice in jeopardy of punishment, nor shall be compelled in any criminal case to be6 witness against himself, nor be deprived of life, liberty, or property without due process of law. All persons shall before conviction7 be bailable by sufficient sureties, except8 for capital offences, when the proof is evident or the presumption great; and the privilege of the writ of

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M INNESOTA habeas corpus shall not be suspended, unless, when in case9 of rebellion or invasion, the public safety may require10 . S ECT. 8. Every person is entitled to 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 justice freely and without purchase; completely, and without denial; promptly and without delay, conformably to the laws. S ECT. 9. Treason against the State shall consist only in levying war against the same or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of Treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. S ECT. 10. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated, and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. S ECT. 11. No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts shall ever be passed, and no conviction shall work corruption of blood or forfeiture of estate. S ECT. 12. No person shall be imprisoned for debt in this State, but this shall not prevent the Legislature from providing for imprisonment or holding to bail persons charged with fraud in contracting said debt. A reasonable amount of property shall be exempt from seizure or sale, for the payment of any debt or liability; the amount of such exemption shall be determined by law. S ECT. 13. Private property shall not be taken for public use without just compensation therefor, first paid or11 secured.

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S ECT. 14. The military shall be subordinate to the civil power12 , and no standing army shall be kept up in this State in time of peace. S ECT. 15. All lands within this State are declared to be allodial, and feudal tenures of every description, with all their incidents, are prohibited. Leases and grants of agricultural land for a longer period than twentyone years, hereafter made, in which shall be reserved any rent or service of any kind, shall be void. S ECT. 16. The enumeration of rights in this Constitution shall not be construed to deny or impair others retained by and inherent in the people. The right of every man to worship God according to the dictates of his own conscience shall never be infringed; nor shall any man be compelled to attend, erect, or support any place13 of worship, or to maintain any religious or ecclesiastical ministry against his consent; nor shall any control of, or interference with the rights of conscience be permitted, or any preference be given by law to any religious establishment or mode of worship; but the liberty of conscience hereby secured, shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of the State; nor shall any money be drawn from the treasury for the benefit of any religious societies, or religious or theological seminaries. S ECT. 17. No religious test or amount of property shall ever be required as a qualification for any office of public trust under the State. No religious test or amount of property shall ever be required as a qualification of any voter at any election in this State; nor shall any person be rendered incompetent to give evidence in any court of law or equity in consequence of his opinion14 upon the subject of religion.

C ONSTITUTION OF M INNESOTA (1857)

ARTICLE II15

of the United States, without any tax, duty, impost or toll therefor23 .

On16 Name and Boundaries and17

S ECT. 1. This State shall be called known by the name of the State of Minnesota, and shall consist of and have jurisdiction over the territory embraced in the following boundaries, to wit: Beginning at the18 point in the center of the main channel of the Red river of the North, where the boundary line between the United States and the British Possessions crosses19 the same; thence up to main channel of said river to that of the Bois des Sioux river; thence up the main channel of20 said river to Lake Traverse; thence up the center of said Lake to the southern extremity thereof; thence in a direct line to the21 head of Big Stone Lake; thence through its center to its outlet; thence by a due south line to the north line of the State of Iowa; thence east along the northern boundary of said State to the main channel of the Mississippi river; thence up the main channel of said river, and following the boundary line of the State of Wisconsin; until the same intersects the St. Louis river; thence down the said river to and through Lake Superior, on the boundary line of Wisconsin and Michigan, until it intersects the dividing line between the United States and British Possessions; thence up Pigeon river, and following said dividing line to the place of beginning. S ECT. 2. The State of Minnesota shall have concurrent jurisdiction on the Mississippi and all other rivers and waters bordering on the said State of Minnesota, so far as the same shall form a common boundary to said State, and any other State or States now or hereafter to be formed by the same; and said river22 and waters, and navigable waters leading into the same, shall be common highways, and forever free, as well to the inhabitants of said State as to other citizens

S ECT. 3. The propositions contained in the act of Congress entitled “An act to authorize the people of the Territory of Minnesota to form a constitution and State government preparatory to their admission24 into the Union on an equal footing with the original States,”25 are hereby accepted, ratified, and confirmed, and shall remain irrevocable without the consent of the United States; and it is hereby ordained that this State shall never interfere with the primary disposal of the soil within the same, by the United States, or with any regulations26 Congress may find necessary for securing the title to said soil to bona fide purchasers thereof; and no tax shall be imposed on lands belonging to the United States, and in no case shall non-resident proprietors be taxed higher than residents.

ARTICLE III Distribution of the Powers of Government S ECT. 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 in the instances expressly provided in this Constitution.

ARTICLE IV Legislative27 Department S ECT. 1. The Legislature of the State shall consist of a Senate and House of Representatives, who shall meet at the Seat of Government of the State, at such times as shall be prescribed by law.

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M INNESOTA S ECT. 2. The number of members who compose the Senate and House of Representatives shall be prescribed by law, but the representation in the Senate shall never exceed one member for every five thousand inhabitants, and in the House of Representatives one member for every two thousand inhabitants. The representation in both Houses shall be apportioned equally throughout the different sections of the State, in proportion to the population thereof, exclusive of Indians not taxable under the provisions of law. S ECT. 3. Each House shall be the28 judge of the election returns, and eligibility of its own members; a majority of each shall constitute a quorum to transact 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 it may provide. S ECT. 4. Each House may determine the rules of its proceedings, sit upon its own adjournment, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member, but no member shall be expelled a second time for the same offence. S ECT. 5. The House of Representatives shall elect its presiding officer, and the Senate and House of Representatives shall elect such other officers as may be provided by law; they shall keep Journals of their proceedings, and from time to time publish the same, and the yeas and nays, when taken on any question29 , shall be entered on such Journals. S ECT. 6. Neither House shall, during a30 Session of the Legislature, adjourn for more than three days, (Sundays excepted,) nor to any other place than that in which the two Houses shall be assembled, without the consent of the other House.

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S ECT. 7. The compensation of Senators and Representatives shall be three dollars per diem during the first Session, but may afterwards be prescribed by law. But no increase of compensation shall be prescribed which shall take effect during the period for which the members of the existing House of Representatives may have been elected. S ECT. 8. The members of each House shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during the Session31 of their respective Houses, and in going to or returning from the same. For any speech or debate in either House they shall not be questioned in any other place. S ECT. 9. No Senator or Representative shall, during the time for which he is elected, hold any office under the authority of the United States, or the32 State of Minnesota, except that of Postmaster; and no Senator or Representative shall hold an office under the State, which had been created, or the emoluments of which had been increased during the Session of the Legislature of which he was a member, until one year after the expiration of his term of office in the Legislature. S ECT. 10. All Bills for raising a33 revenue shall originate in the House of Representatives but the Senate may propose and concur with amendments, as on other Bills. S ECT. 11. Every Bill which shall have passed the Senate and House of Representatives, in conformity to the rules of each House and the Joint Rules of the two Houses, shall, before it becomes a law, be presented to the Governor of the State. If he approve, he shall sign and deposit it in the office of34 Secretary of State for preservation, and notify the House where it originated of the fact.– But if not, he shall return it with his objections to the House in which it shall have originated, when such

C ONSTITUTION OF M INNESOTA (1857) objections shall be entered at large on the Journal of the same, and the House shall proceed to reconsider the Bill. If, after such reconsideration, two-thirds of that House shall agree to pass the Bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if it be approved by two-thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for or against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the Governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Legislature, by adjournment within that time, prevent its return, in which case it shall not be a law. The Governor may approve, sign, and file in the office of the Secretary of State, within three days after the adjournment of the Legislature, any act passed during the three last days of the session, and the same shall become a law. S ECT. 12. No money shall be appropriated except by bill. Every order, resolution or vote requiring the concurrence of the two Houses, (except such as relate to the business or adjournment of the same,) shall be presented to the Governor for his signature, and before the same shall take effect, shall be approved by him, or being returned by him with his objections, shall be repassed by two-thirds of the members of the two Houses, according to the rules and limitations prescribed in case of a bill. S ECT. 13. The style of all laws of this State shall be: “Be it enacted by the Legislature of the State of Minnesota.” No law shall be passed unless voted for by a majority of all the members elected to each branch of the Legislature, and the vote entered upon the journal of each House.

S ECT. 14. The House of Representatives shall have the sole power of impeachment, through a concurrence of a majority of all the members elected to seats therein. All impeachments shall be tried by the Senate; and when sitting for that purpose the Senators shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the members35 present. S ECT. 15. 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. S ECT. 16. Two or more 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 reason of their dissent entered on the Journal. S ECT. 17. The Governor shall issue writs of election to fill such vacancies as may occur in either House of the Legislature.– The Legislature shall prescribe by law the manner in which evidence in cases of contested seats in either House shall be taken. S ECT. 18. Each House may punish by imprisonment, during its session, any person not a member, who shall be guilty of any disorderly or contemptuous behavior in their presence, but no such imprisonment shall at any time exceed twenty four hours. S ECT. 19. Each House shall be open to the public during the sessions thereof except in such cases as in36 their opinion may require secrecy. S ECT. 20. Every bill shall be read on three different days in each separate House, unless in case of urgency, two-thirds of the House where such bill is depending37 , shall deem it expedient to dispense with this

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M INNESOTA rule, and no bill shall be passed by either House until it shall have been previously read twice at length. S ECT. 21. Every bill having passed both Houses, shall be carefully enrolled, and shall be signed by the presiding officer of each House. Any presiding officer refusing to sign a bill which shall have previously passed both Houses, shall thereafter38 be incapable of holding a seat in either branch of the legislature39 , or hold any other office of honor or profit in the State; and in case of such refusal, each house shall, by rule, provide the manner in which such bill shall be properly certified for presentation to the Governor. S ECT. 22. No bill shall be passed by either House of the Legislature upon the day prescribed for the adjournment of the two Houses. But this section shall not be so construed as to preclude the enrollment of a bill, or the signature and passage from one House to the other, or the reports thereon from committees, or its transmission to the Executive for his signature. S ECT. 23. The Legislature shall provide by law for an40 enumeration of the inhabitants of this State in the year one thousand eight hundred and sixty-five, and every tenth year thereafter. At their first session after each enumeration so made, and also at their first session after each enumeration made by the authority of the U. S., the Legislature shall have the power to prescribe the bounds of Congressional, Senatorial and Representative districts, and to apportion anew the Senators and Representatives among the several districts, according to the provisions of section second of this article. S ECT. 24. The Senators shall also be chosen by single districts of convenient contiguous territory, at the same time that the members of the House of Representatives are required to be chosen, and in the same

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manner; and no representative district shall be divided in the formation of a Senate District. The Senate districts shall be numbered in regular series, and the Senators chosen by the districts designated by odd numbers, shall go out of office at the expiration of the first year, and the Senators chosen by the districts designated by even numbers shall go out of office at the expiration of the second year; and thereafter the Senators shall be chosen for the term of two years, except there shall be an entire new election of all the Senators at the election41 next succeeding each new apportionment42 provided for in this43 article. S ECT. 25. Senators and Representatives shall be qualified voters of the State, and shall have resided one year in the State, and six months immediately preceding the election in the district from which they are elected. S ECT. 26. Members of the Senate of the United States from this State shall be elected by the two Houses of the Legislature, in joint Convention, at such times44 in such manner as may be provided by law. S ECT. 27. No law shall embrace more than one subject, which shall be expressed in its title. S ECT. 28. Divorces shall not be granted by the Legislature. S ECT. 29. All members and officers of both branches of the Legislature shall, before entering upon the duties of their respective trusts, take and subscribe an oath or affirmation to support the Constitution of the United States, the Constitution of the State of Minnesota, and faithfully and impartially to45 discharge the duties devolving upon him as such member or officer. S ECT. 30. In all elections to be made by the Legislature, the members thereof shall

C ONSTITUTION OF M INNESOTA (1857) vote viva voce, and their votes shall be entered on the Journal. S ECT. 31. The Legislature shall never authorize any lottery, or the sale of lottery tickets.

ARTICLE V Executive46 Department S ECT. 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, and Attorney General, who shall be chosen by the electors of the State. S ECT. 2. The returns of every election, for the officers named in the foregoing section, shall be made to the Secretary of State, and by him transmitted to the Speaker of the House of Representatives, who shall cause the same to be opened and canvassed before both Houses of the Legislature, and the result declared within three days after each House shall be organized. S ECT. 3. The term of office for the Governor and Lieutenant Governor shall be two years, and until their successors are chosen and qualified. Each shall have attained the age of twenty-five (25) years, and shall have been a bona fide resident of the State for one year next preceding his election. Both shall be citizens of the United States. S ECT. 4. The Governor shall communicate by message to each session of the Legislature, such information touching the state and condition of the country as he may deem expedient. He shall be commanderin chief of the military and naval forces, and may call out such forces to execute the laws, to47 suppress insurrection and to48 repel invasion. He may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective

offices, and he shall have power to grant reprieves and pardons after conviction for offences against the State, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to appoint a State Librarian and Notaries Public, and such other officers as may be provided by law; he shall have power to appoint Commissioners to take the acknowledgement of Deeds or other instruments in writing, to be used in the State.– He shall have a negative upon all laws passed by the Legislature under such rules and limitations as are in this Constitution prescribed. He may on extraordinary occasions convene both Houses of the Legislature. He shall take care that the laws be faithfully executed, fill any vacancy that may occur in the office of Secretary of State, Treasurer, Auditor, Attorney General, and such other State and District offices49 as may be hereafter created by law, until the next annual election50 , and until their successors are chosen and qualified. S ECT. 5. The official term of the Secretary of State, Treasurer and Attorney General shall be two years. The official term of the Auditor shall be three years, and each shall continue in office until his successor shall have been elected and qualified. The Governor’s salary for the first term under this Constitution shall be two thousand five hundred dollars per annum. The salary of the Secretary of State for the first term shall be fifteen hundred dollars per annum. The Auditor, Treasurer and Attorney General shall each, for the first term, receive a salary of one thousand dollars per annum. And the further duties and salaries of said Executive officers shall each thereafter be prescribed by law. S ECT. 6. The Lieutenant Governor shall be ex-officio President of the Senate, and in case a vacancy should occur, from any cause whatever, in the office of Governor,

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M INNESOTA he shall be Governor during such vacancy. The compensation of Lieutenant Governor shall be double the compensation of a51 State Senator. Before the close of each session of the Senate they shall elect a President protempore, who shall be Lieutenant Governor in case a vacancy should occur in that office. S ECT. 7. The term52 of each of the Executive offices53 named in this article, shall commence upon taking the oath of office, after the State shall be admitted by Congress into the Union, and continue until the first Monday in January, 1860, except the Auditor, who shall continue in office until the first Monday in January, 1861, and until their successors shall have been duly elected and qualified. S ECT. 8. Each officer created by this Article, shall before entering upon his duties, take an oath or affirmation to support the Constitution of the United States, and of this State, and faithfully discharge the duties of his office to the best of his judgment and ability. S ECT. 9. Laws shall be passed at the first session of the Legislature after the State is admitted into the Union to carry out the provisions of this Article.

ARTICLE VI Judiciary54 S ECT. 1. The Judicial power of the State shall be vested in a Supreme Court, District Courts, Courts of Probate, Justices of the Peace, and such other Courts, inferior to the Supreme Court, as the Legislature may from time to time establish by a two-thirds vote. S ECT. 2. The Supreme Court shall consist of one Chief Justice and two Associate

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Justices, but the number of Associate Justices may be increased to a number not exceeding four, by the Legislature, by a two-thirds vote, when it shall be deemed necessary. It shall have original jurisdiction in such remedial cases as may be prescribed by law, and appellate jurisdiction in all cases, both in law and equity, but there shall be no trial by jury in said Court. It shall hold one or more terms in each year, as the Legislature may direct, at the Seat of Government, and the Legislature may provide by a two-thirds vote, that one term in each year55 shall be held in each or any Judicial District. It shall be the duty of such Court to appoint a Reporter of its decisions. There shall be chosen by the qualified electors of the State56 , one Clerk of the Supreme Court, who shall hold his office for the term of three years, and until his successor is duly elected and qualified, and the Judges of the Supreme Court, or a majority of them, shall have the power to fill any vacancy in the office of Clerk of the Supreme Court until an election can be regularly57 had. S ECT. 3. The Judges of the Supreme Court shall be elected by the electors of the State at large, and their term of office shall be seven years and until their successors are elected and qualified. S ECT. 4. The State shall be divided by the Legislature into six Judicial Districts, which shall be composed of contiguous territory, be bounded by county lines, and contain a population as nearly equal as may be practicable. In each Judicial District, one Judge shall be elected by the electors thereof, who shall constitute said Court and whose term of office shall be seven years. Every District Judge shall, at the time of his election, be a resident of the District for which he shall be elected, and shall reside therein during his continuance in office. S ECT. 5. The District Courts58 shall have

C ONSTITUTION OF M INNESOTA (1857) original jurisdiction in all civil cases, both in law and equity, where the amount in controversy exceeds one hundred dollars, and in all criminal cases where the punishment shall exceed three months imprisonment, or a fine of more than one hundred dollars, and shall have such appellate jurisdiction as may be prescribed by law. The Legislature may provide by law that the Judge of one District may discharge the duties of the judge of any other District not his own, when convenience or59 the public interest may require it. S ECT. 6. The Judges of the Supreme and District Courts shall be men learned in the law, and shall receive such compensation, at stated times, as may be prescribed by the Legislature, which compensation shall not be diminished during their continuance in office, but they shall receive no other fee or reward for their services. S ECT. 7. There shall be established in each organized county in the State a Probate Court, which shall be a court of Record, and be held at such times and places as may be prescribed by law. It shall be held by one Judge, who shall be elected by the voters of the county, for the term of two years.– He shall be a resident of such county at the time of his election, and reside therein during his continuance in office, and his compensation shall be provided by law. He may appoint his own Clerk, where none has been elected, but the Legislature may authorize the election by the electors of any county, of one Clerk or Register of Probate for such county, whose powers, duties, term of office and compensation shall be prescribed by law. A Probate Court shall have jurisdiction over the estates of deceased persons, and persons under guardianship, but no other jurisdiction except as prescribed by this Constitution. S ECT. 8. The Legislature shall provide

for the election of60 a sufficient number of Justices of the Peace in each County, whose term of office shall be two years, and whose duties and compensation shall be prescribed by law; Provided, That no Justice of the Peace shall have jurisdiction of any civil cause61 where the amount in controversy shall exceed one hundred dollars, nor in a criminal cause, where the punishment shall exceed three months imprisonment, or a fine of over one hundred dollars, nor in any cause62 involving the title to real estate. S ECT. 9. All judges other than those provided for in this Constitution shall be elected by the electors of the Judicial district, county or city, for which they shall be created, not63 for a longer term than seven years. S ECT. 10. In case the office of any Judge shall become vacant64 before the expiration of the regular term for which he was elected, the vacancy shall be filled by65 appointment by the Governor until a successor is elected and qualified. And such successor shall be elected at the first annual election that occurs more than thirty days after the vacancy shall have happened. S ECT. 11. The Justices of the Supreme Court and the District Courts66 shall hold no office under the United States, nor any other office under this State. And all votes for either of them for any elective office under this67 Constitution, except a Judicial Office, given by the Legislature or the people, during their continuance in office shall be void. S ECT. 12. The Legislature may at any time change the number of Judicial Districts, or their boundaries, when it shall be deemed expedient, but no such change shall vacate the office of any Judge. S ECT. 13. There shall be elected in each county where a District Court shall be held,

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M INNESOTA one Clerk of said Court, whose qualifications, duties and compensation shall be prescribed by law, and whose term of office shall be four years. S ECT. 14. Legal pleadings and proceedings68 in the Courts of this State shall be under the direction of the Legislature. The style of all process shall be “The State of Minnesota,” and all indictments shall conclude “against the peace and dignity of the State of Minnesota.” S ECT. 15. The Legislature may provide for the election of one person in each organized county in this State to be called a Court Commissioner, with Judicial power69 and jurisdiction not exceeding the power and jurisdiction of a Judge of the District Court at Chambers; or the Legislature may instead of such election, confer such power and jurisdiction upon Judges of Probate in the State.

ARTICLE VII Elective Franchise S ECT. 1. Every male person of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in the United States one year and in this State for four months next preceding any election, shall be entitled to vote at such election, in the election district of which he shall at the time have been for ten days a resident, for all officers that now are, or hereafter may be, elective by the people: 1st. White citizens of the United States. 2d. White persons of foreign birth, who shall have declared their intentions70 to become citizens, conformably to the laws of the United States upon the subject of naturalization. 3d. Persons of mixed white and Indian blood, who have adopted the customs and habits of civilization.

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4th. Persons of Indian blood residing in this State, who have adopted the language, customs and habits of civilization, after an examination before any District Court of the State, in such manner as may be provided by law, and shall have been pronounced by said Court capable of enjoying the rights of citizenship within the State. S ECT. 2. No person not belonging to one of the classes specified in the preceding section; no person who has been convicted of treason or any felony, unless restored to civil rights, and no person under guardianship, or who may be non compos mentis or71 insane, shall be entitled or permitted to vote at any election in this State. S ECT. 3. For the purpose of voting, no person shall be deemed to have lost a residence by reason of his absence while employed in the service of the United States; nor while engaged upon the waters of this State or of the United States; nor while a student of72 any seminary of learning; nor while kept at any almshouse or other73 asylum; nor while confined in any public prison. S ECT. 4. No soldier, seaman, or marine in the army or navy of the United States, shall be deemed a resident of this State in consequence of being stationed within the same. S ECT. 5. During the day on which any election shall be held, no person shall be arrested by virtue of any civil process. S ECT. 6. All elections shall be by ballot, except for such town officers as may be directed by law to be otherwise chosen. S ECT. 7. Every person who, by the provisions of this article shall be entitled to vote at any election, shall be eligible to any office which now is, or hereafter shall be, elective by the people in the district wherein he shall have resided thirty days previous to

C ONSTITUTION OF M INNESOTA (1857) such election; except as otherwise provided in this Constitution, or the Constitution and Laws of the United States.

ARTICLE VIII School Funds, Education and Science S ECT. 1. The stability of a republican form of74 government depending mainly upon the intelligence of the people, it shall be the duty of the Legislature to establish a general and uniform system of public schools. S ECT. 2. The proceeds of such lands as are or hereafter may be granted by the United States for the use of Schools within each township in this State, shall remain a perpetual school fund to75 the State, and not more than one-third (1–3) of said lands may be sold in two (2) years, one-third (1– 3) in five (5) years, and one-third (1–3) in ten (10) years; but the lands of the greatest valuation shall be sold first, provided that no portion of said lands shall be sold otherwise than at public sale. The principal of all funds arising from sales, or other disposition of lands, or other property, granted or entrusted to this State in each township for educational purposes, shall forever be preserved inviolate and undiminished; and the income arising from the lease or sale of said school lands shall be distributed to the different townships throughout the State, in proportion to the number of scholars in each township between the ages of five and twenty-one years, and shall be faithfully applied to the specific objects of the original grants or appropriations. S ECT. 3. The Legislature shall make such provisions, by taxation or otherwise, as, with the income arising from the school fund, will secure a thorough and efficient

system of Public Schools in each township in the State. S ECT. 4. The location of the University of Minnesota, as established by existing laws, is hereby confirmed, and said institution is hereby declared to be the University of the State of Minnesota. All the rights, immunities, franchises and endowments heretofore granted or conferred, are hereby perpetuated unto the said University, and all lands which may be granted hereafter by Congress or other donations for said University purposes shall vest in the institution referred to in this Section.

ARTICLE IX Finances of the State, and Banks and Banking S ECT. 1. All taxes to be raised in this State shall be as nearly equal as may be, and all property on which taxes are to be levied shall have a cash valuation, and be equalized and uniform throughout the State. S ECT. 2. The legislature shall provide for an Annual Tax sufficient to defray the estimated expenses of the State for each year; and whenever it shall happen that such ordinary expenses of the State for any year shall exceed the income of the State for such76 year, the Legislature shall provide for levying a Tax for the ensuing year sufficient with other sources of income, to pay the deficiency of the preceding year, together with the estimated expenses of such ensuing year. S ECT. 3. Laws shall be passed taxing all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise, and also all real and personal property, according to its true value in money; but public burying grounds, public school houses,

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M INNESOTA public hospitals, academies, colleges, universities, and all seminaries of learning, all churches, church property used for religious purposes and houses of worship, institutions of purely public charity, public property used exclusively for any public purpose, and personal property to an amount not exceeding in value two hundred dollars for each individual, shall, by general laws, be exempt from taxation. S ECT. 4. Laws shall be passed for taxing the notes and bills discounted, or purchased, moneys77 loaned, and all other property, effects, or dues of every description, of all banks, and of all bankers; so that all property employed in banking shall always be subject to a taxation equal to that imposed on the property of individuals. S ECT. 5. For the purpose of defraying extraordinary expenditures, the State may contract public debts, but such debts shall never in the aggregate exceed two hundred and fifty thousand dollars; every such debt shall be authorized by law, for some single object to be distinctly specified therein; and no such law shall take effect until it shall have been passed by the vote of two-thirds of the members of each branch of the Legislature, to be recorded by yeas and nays on the Journals of each House respectively; and every such law shall levy a tax annually sufficient to pay the annual interest of such debt, and also a tax sufficient to pay the principal of such debt78 within ten years from the final passage of such law, and shall specially appropriate the proceeds of such taxes to the payment of such principal and interest; and such appropriation and taxes shall not be repealed, postponed or diminished until the principal and interest of such debt shall have been wholly paid. The State shall never contract any debts for works of internal improvement, or be a party in carrying on such works, except in cases where grants of land79 or other property shall have

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been made to the State especially dedicated by the grant to specific purposes; and in such cases the State shall devote thereto the avails of such grants, and may pledge or appropriate the revenues derived from such works in aid of their completion. S ECT. 6. All debts authorized by the preceding section shall be contracted by loan on State bonds of amounts not less than five hundred dollars each, on interest payable within ten years after the final passage of the law authorizing such debt; and such bonds shall not be sold by the State under par. A correct registry of all such bonds shall be kept by the Treasurer, in numerical order, so as always to exhibit the number and amount unpaid, and to whom severally made payable. S ECT. 7. The State shall never contract any public debt, unless in time of war, to repel invasion or suppress insurrection, except in the cases and in the manner provided in the fifth and sixth sections of this Article. S ECT. 8. The money arising from any loan made or debt or liability contracted, shall be applied to the object specified in the act authorizing such debt or liability, or to the repayment of such debt or liability,80 and to no other purpose whatever81 . S ECT. 9. No money shall ever be paid out of the Treasury of this State, except in pursuance of an appropriation by law. S ECT. 10. The credit of the State shall never be given or loaned in aid of any individual, association or corporation. S ECT. 11. There shall be published by the Treasurer, in at least one newspaper printed at the seat of government, during the first week in82 January of83 each year, and in the next volume of the Acts of the Legislature, detailed statements of all moneys drawn from the Treasury during the preceding year; for what purposes84 , and to whom

C ONSTITUTION OF M INNESOTA (1857) paid, and by what law authorized; and also of all moneys received, and by what authority, and from whom. S ECT. 12. Suitable laws shall be passed by the Legislature for the safe keeping, transfer, and disbursement of the State and School funds, and all officers and other persons charged with the same shall be required to give ample security for all moneys and funds of any kind, to keep an accurate entry of each sum received, and of each payment and transfer, and if any of said officers or other persons shall convert to his own use in any form, or shall loan with or without interest, contrary to law, or shall deposit in banks, or exchange for other fund85 , any portion of the funds of the State, every such act shall be adjudged to be an embezzlement of so much of the State funds as shall be thus taken, and shall be declared a felony; and any failure to pay over or produce the State or School funds intrusted to such person86 , on demand, shall be held and taken to be prima facie evidence of such embezzlement. S ECT. 13. The Legislature may, by a two thirds vote, pass a General Banking Law, with the following restrictions and requirements, viz: First, The Legislature shall have no power to pass any law sanctioning in any manner directly or indirectly, the suspension of specie payments by any person, association or corporation issuing bank notes of any description. Second, The Legislature shall provide by law for the registry of all bills or notes issued or put in circulation as money, and shall require ample security in United States stock or State stocks for the redemption of the same in specie; and in case of a depreciation of said stocks, or any part thereof, to the amount of ten per cent. or more on the dollar, the bank or banks owning said stocks87 shall be required to make up said

deficiency by additional stocks. Third, The stockholders in any corporation and88 joint association for banking purposes issuing bank notes, shall be individually liable in an amount equal to double the amount of stock owned by them for all89 the90 debts of such corporation or association, and such individual liability shall continue for one year after any transfer or sale of stock by any stockholder or stockholders. Fourth, In case of the insolvency of any bank or banking association, the bill holders thereof shall be entitled to preference in payment91 over all other creditors of such bank or association. Fifth, Any General Banking Law which may be passed in accordance with this article shall provide for recording the names of all stockholders in such corporations92 , the amount of stock held by each, the time of transfer, and to93 whom transferred.

ARTICLE X Of Corporations having no Banking Privileges S ECT. 1. The term “Corporations,” as used in this article, shall be construed to include all associations and joint stock companies having any of the powers and privileges not possessed by individuals or partnerships, except such as embrace banking privileges, and all corporations shall have the right to sue, and shall be liable to be sued in all courts in like manner as natural persons. S ECT. 2. No corporation94 shall be formed under special acts, except for municipal purposes. S ECT. 3. Each stockholder in any corporation shall be liable to the amount of the stock held or owned by him.

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M INNESOTA S ECT. 4. Lands may be taken for public way, for the purpose of granting to any corporation the franchise of way for public use. In all cases, however, a fair and equitable compensation shall be paid for such land, and the damages arising from the taking of the same; but all corporations being common carriers, enjoying the right of way in pursuance of the provisions of this section, shall be bound to carry the mineral, agricultural and other productions or manufactures on equal and reasonable terms.

or fractional townships in the several counties in the State, provided that when a township is divided by county lines, or does not contain one hundred inhabitants, it may be attached to one or more adjoining townships or parts of townships, for the purposes aforesaid.

ARTICLE XI

S ECT. 6. No money shall be drawn from any County or Township treasury except by authority of law.

Counties and Townships S ECT. 1. The Legislature may, from time to time, establish and organize new counties, but no new county shall contain less than four hundred square miles; nor shall any county be reduced below that amount; and all laws changing county lines in counties already organized, or for removing county seats shall, before taking effect, be submitted to the electors of the county or counties to be affected thereby, at the next general election after the passage thereof, and be adopted by a majority of such electors. Counties now established may be enlarged, but not reduced below four hundred (400) square miles. S ECT. 2. The Legislature may organize any city into a separate county when it has attained a population of twenty thousand inhabitants, without reference to geographical extent, when a majority of the electors of the county in which such city may be situated, voting thereon, shall be in favor of a95 separate organization. S ECT. 3. Laws may be passed providing for the organization, for municipal and other town purposes, of any Congressional

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S ECT. 4. Provision shall be made by law for the election of such County or Township officers as may be necessary. S ECT. 5. Any County and Township organization shall have such powers of local taxation as may be prescribed by law.

ARTICLE XII Of the Militia S ECT. 1. It shall be the duty of the legislature96 to pass such laws for the organization, discipline and service of the Militia of the State, as may be deemed necessary.

ARTICLE XIII Impeachment and Removal from Office S ECT. 1. The Governor, Secretary of State, Treasurer, Auditor, Attorney General, and the Judges of the Supreme and District Courts, may be impeached for corrupt conduct in office, or for crimes and misdemeanors; but judgment in such cases97 shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit in this98 State.– The party convicted thereof shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

C ONSTITUTION OF M INNESOTA (1857) S ECT. 2. The Legislature of this99 State may provide for the removal of inferior officers from office, for malfeasance or nonfeasance in the performance of their duties. S ECT. 3. No officer100 shall exercise the duties of his office after he shall have been impeached and before his acquittal. S ECT. 4. On the trial of an impeachment against the Governor, the Lieutenant Governor shall not act as a member of the Court. S ECT. 5. No person shall be tried on impeachment before he shall have been served with a copy thereof at least twenty days previous to the day set for trial.

ARTICLE XIV Amendments to the Constitution S ECT. 1. Whenever a majority of both houses of the legislature shall deem it necessary to alter or amend this101 Constitution, they may propose such alterations or amendments, which proposed amendments shall be published with the laws102 which have been passed at the same session, and said amendments shall be submitted to the people for their approval or rejection; and if it shall appear in a manner to be provided by law, that a majority of voters present and voting shall have ratified such alterations or amendments, the same shall be valid to all intents and purposes, as a part of this Constitution. If two or more alterations or amendments shall be submitted at the same time, it shall be so regulated that the voters shall vote for or against each separately. S ECT. 2. Whenever two-thirds of the members elected to each branch of the Legislature shall think it necessary to call a Convention to revise this Constitution, they shall recommend to the electors to vote, at the next election for members of the Legislature, for or against a Convention; and if

a majority of all the electors voting at said election, shall have voted for a Convention, the Legislature shall, at their next session provide by law for calling the same. The Convention shall consist of as many members as the House of Representatives, who shall be chosen in the same manner, and shall meet within three months after their election for the purpose aforesaid.

ARTICLE XV Miscellaneous Subjects S ECT. 1. The seat of Government of the State shall be at the City of St. Paul, but the Legislature at their first, or any future Session, may provide by law for a change of the seat of government by a vote of103 the people, or may locate the same upon the land granted by Congress for a seat of Government to104 the State; and in the event of the seat of Government being removed from the City of St. Paul to any other place in the State, the Capitol building and grounds shall be dedicated to an institution for the promotion of science, literature and the arts, to be organized by the Legislature of the State, and of which institution the Minnesota Historical Society shall always be a department. S ECT. 2. Persons residing on Indian lands within the105 State, shall enjoy all the rights and privileges of citizens as though they lived in any other106 portion of the State, and shall be subject to taxation. S ECT. 3. The Legislature shall provide for a uniform oath or affirmation to be administered at elections, and no person shall be compelled to take any other or different form of oath to entitle him to vote. S ECT. 4. There shall be a seal of the State, which shall be kept by the Secretary of State, and be used by him officially, and

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M INNESOTA shall be called107 the Great Seal of the State of Minnesota, and shall be attached to all official acts of the Governor, (his signature to acts108 and resolves of the Legislature excepted) requiring authentication. The Legislature shall provide for an appropriate device and motto for said seal. S ECT. 5. The Territorial prison as located under existing laws, shall, after the adoption of this109 Constitution, be and remain one of the State Prisons of the State of Minnesota.

SCHEDULE110 S ECT. 1. That no inconvenience may arise by reason of a change from a Territorial to a permanent State Government, it is declared that all rights, actions, prosecutions, judgments, claims, and contracts, as well of111 individuals112 as of bodies corporate, shall continue as if no change had taken place; and all process which may be issued under the authority of the Territory of Minnesota previous to its admission into the union of the United States, shall be as valid as if issued in the name of the State. S ECT. 2. All laws now in force in the Territory of Minnesota not repugnant to this Constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the Legislature. S ECT. 3. All fines, penalties or forfeitures accruing to the Territory of Minnesota, shall inure to113 the State. S ECT. 4. All recognizances heretofore taken, or which may be taken before the change from a114 Territorial to a115 permanent State116 government shall remain valid, and shall pass to, and may be prosecuted

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in the name of the State; and all bonds executed to the Governor of the Territory, or to any other officer or court117 in his or their official capacity, shall pass to the Governor or State authority and their successors in office for the uses therein respectively expressed, and may be sued for and recovered accordingly; and all the estate of property, real118 , personal, or mixed, and all judgments, bonds, specialities, choses in action, and claims and debts of whatsoever119 description of the Territory of Minnesota, shall inure to and120 vest in the State of Minnesota, and may be sued for and recovered in the same manner and to the same extent by the State of Minnesota as the same could have been by the Territory of Minnesota. All criminal prosecutions and penal actions which may have arisen or which may arise before the change from a Territorial to a state government, and which shall then121 be pending, shall be prosecuted to judgment and execution in the name of the state. All offences committed against the laws of the Territory of Minnesota before the change from a territorial to a state government and which shall not be prosecuted before such change, may be prosecuted in the name and by the authority of the state of Minnesota with like effect as though such change had not taken place, and all penalties incurred shall remain the same as if this Constitution had not been adopted. All actions at122 law and suits in equity which may be pending in any of the courts of the Territory of Minnesota at the time of the change from a Territorial123 to a state government may be continued and transferred to any court of the state which shall have jurisdiction of the subject matter thereof. S ECT. 5. All territorial officers, civil and military, now holding their offices under the authority of the United States, or of124

C ONSTITUTION OF M INNESOTA (1857) the Territory of Minnesota, shall continue to hold and exercise their respective offices until they shall be superseded by the authority of the State. S ECT. 6. The first session of the legislature of the State of Minnesota shall commence on the first Wednesday125 of December next, and shall be held at the Capitol in the city of St. Paul. S ECT. 7. The laws regulating the election and qualification of all district, county and precinct officers, shall continue and be in force until the Legislature shall otherwise provide by law. S ECT. 8. The President of this126 Convention shall, immediately after the adjournment thereof, cause this constitution to be deposited in the office of the Governor of the Territory; and if after the submission of the same to a vote of the people, as127 hereinafter provided, it shall appear that it has128 been adopted by a vote of the people of the State, then the Governor shall forward a certified copy of the same, together with an abstract of the votes polled for and against said129 constitution, to the President of the United States, to be by him laid before the Congress of the United States. S ECT. 9. For the purposes of the first election the state shall constitute one district, and shall elect three members to the House of Representatives of the United States. S ECT. 10. For the purposes of the first election for members of the130 State Senate and House131 of Representatives, the state shall be divided into senatorial and representative Districts as follows, viz: 1st District, Washington county; 2nd District, Ramsey county; 3d District, Dakota

county; 4th District, so much of Hennepin county as lies west of the Mississippi; 5th District, Rice county; 6th District, Goodhue county; 7th District, Scott county; 8th District, Olmsted132 county; 9th District, Fillmore county; 10th District, Houston county; 11th District, Winona county; 12th District, Wabashaw county; 13th district, Mower and Dodge counties; 14th District, Freeborn and Faribault133 counties; 15th District, Steele and Waseca134 counties; 16th District, Blue Earth and Le Sueur135 counties; 17th District, Nicollet and Brown counties; 18th District, Sibley, Renville and McLeod counties; 19th District, Carver and Wright counties; 20th District, Benton, Stearns136 and Meeker counties; 21st District, Morrison, Crow Wing, and Mille Lac counties; 22nd District, Cass, Pembina and Todd137 counties; 23d District, so much of Hennepin county as lies east of the Mississippi138 ; 24th District, Sherburne, Anoka and Manomin139 counties; 25th District, Chisago, Pine and Isanti counties; 26th District, Buchanan, Carlton, St. Louis, Lake and Itasca140 counties. S ECT. 11. The counties of Brown, Stearns141 , Todd142 , Cass, Pembina and Renville, as applied in the preceeding section, shall not be deemed to include any territory west of the State line, but shall be deemed to include all counties and parts of counties east of said line as were created out of the territory of either, at the last session of the Legislature. S ECT. 12. The senators and representatives at the first election shall be apportioned among the several Senatorial and Representative Districts143 as follows, to wit144 :

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M INNESOTA 1st

Dis- 2 trict,

Senators, 3 and145

2d 3d 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 14th 15th 16th 17th 18th 19th 20th 21st 22d 23d 24th 25th 26th

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“ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “

3 2 2 2 1 1 2 2 2 2 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 37

6 5 4 3 4 3 4 6 3 4 3 3 3 4 3 3 3146 3147 3 1 1 2 1 1 1 80148

Representatives. “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “

S ECT. 13. The returns from the 22nd District shall be made to and canvassed by, the judges of149 election at the precinct of150 Otter Tail City. S ECT. 14. Until the Legislature shall otherwise provide, the State shall be divided into judicial Districts as follows,151 viz:152 The counties of Washington, Chisago, Manomin153 , Anoka, Isanti154 , Pine, Buchanan, Carlton, St. Louis and Lake, shall constitute the First Judicial District. The county of Ramsey shall constitute the second Judicial District.

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The counties of Houston, Winona, Fillmore, Olmsted155 , and Wabashaw, shall constitute the Third Judicial District. The counties of Hennepin, Carver, Wright, Meeker, Sherburne, Benton, Stearns156 , Morrison, Crow Wing, Mille Lac, Itasca157 , Pembina, Todd158 , and Cass, shall constitute the Fourth Judicial District. The counties of Dakota, Goodhue, Scott, Rice, Steele, Waseca159 , Dodge, Mower and Freeborn shall constitute the Fifth Judicial District. The counties of Le Sueur160 , Sibley, Nicollet, Blue Earth, Faribault161 , McLeod, Renville, Brown, and all162 other counties in the State not included within the other districts shall constitute the Sixth Judicial District. S ECT. 15. Each of the foregoing enumerated Judicial Districts may, at the first election, elect one Prosecuting Attorney for the District. S ECT. 16. Upon the second Tuesday, the 13th day of October, 1857, an election shall be held for members of the House of Representatives of the United States, Governor, Lieutenant Governor, Supreme and District Judges members163 of the Legislature, and all other officers designated in this constitution, and also for the submission of this constitution to the people for their adoption or rejection. S ECT. 17. Upon the day so designated as aforesaid, every free white male inhabitant over the age of twenty-one years, who shall have resided within the limits of the State for ten days previous to the day of said election, may vote for all officers to be elected under this constitution at such election, and also for or against the adoption of this constitution. S ECT. 18. In voting for or against the adoption of this constitution, the words “for constitution,” or “against constitution,” may

C ONSTITUTION OF M INNESOTA (1857) be written or printed on the ticket of each voter, but no voter shall vote for or against this constitution on a separate ballot from that cast by him for officers to be elected at said election under this constitution; and if upon the canvass of the votes so polled, it shall appear that there was a greater number of votes polled for than against said constitution, then this constitution shall be deemed to be adopted as the constitution of the State of Minnesota; and all the provisions and obligations of this constitution, and of the schedule thereunto164 attached, shall thereafter be valid to all intents and purposes as the constitution of said state. S ECT. 19. At said election the polls shall be opened, the election held, returns made and certificates issued in all respects165 as provided by law for opening, closing and conducting elections and making returns of the same,166 except as hereinbefore specified, and excepting, also, that polls may be opened167 and elections held at any point or points, in any of the counties where precincts may be established as provided by law, ten days previous to the day of election, not less than ten miles from the place of voting in any established precinct. S ECT. 20. It shall be the duty of the judges and clerks of election, in addition to the returns required by law from each precinct, to forward to the Secretary of the Territory by mail immediately after the close of the election, a certified copy of the poll book, containing the name of each168 person who has voted in the precinct, and the number of votes polled for each person for any office, and the votes polled169 for and170 against the adoption of this171 constitution.

S ECT. 21. The returns of said election for and against this Constitution, and for all state officers172 and members of the House of Representatives of the United States, shall be made and certificates issued in the manner now prescribed by law for returning votes given for Delegate to Congress, and the returns for all district officers, judicial, legislative or otherwise, shall be made to the Register of173 Deeds of the senior county in each district, in the manner prescribed by law, except as otherwise provided. The returns for all officers elected at large shall be canvassed by the Governor of the Territory assisted by Joseph R. Brown and Thomas J. Galbraith at the time designated by law for canvassing the vote for Delegate to Congress. S ECT. 22. If upon canvassing the votes174 for and against the adoption of this Constitution it shall appear that there has been polled a greater number of votes against than for it, then no certificates of election shall be issued for any state or district officer provided for in this Constitution, and no state organization shall have validity within the limits of the Territory until otherwise provided for, and until a constitution for a State Government shall have been adopted by the people. Done in convention, this175 twenty-ninth day of August, in the year of our Lord176 one thousand eight hundred and fifty-seven, and of the independence of the United States the eighty-second year177 . In witness whereof, we have hereunto subscribed our names178 , at the capitol, in the city of St. Paul, this twenty-ninth day of August, in the year of our Lord one thousand eight hundred and fifty-seven.179

S T. A. D. BALCOMBE, President180 Attest L.181 A. BABCOCK, Secretary182

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M INNESOTA H. A. Billings Thos. Bolles A. H. Butler John Cleghorn N. P. Colburn Amos Coggswell183 A[lbert]. W. Coombs Edwin Page Davis W. H. C. Folsom184 Thos. J. Galbraith R. L. Bartholomew Charles Gerrish Wentworth Hayden186 Simeon Harding David L. King Robert Lyle Charles F. Low187 Frank Mantor B. E. Messer David Morgan John H. Murphy Oscar F. Perkins N. B. Robbins, Jr.189 . L. K. Stannard David A. Secombe T. Dwight Smith Lucius C. Walker Geo. Watson Thomas Wilson192 {The same Constitution according to the Report of the Conference Committee, was adopted by the Democratic Convention and verified in the following manner:}193 Henry H. Sibley President of the Convention and Delegate from Dakota Co.194 J. J. NOAH Secretary of the Convention195 Geo[rge] L. Becker Delegate from Ramsey county

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Cyrus Aldrich John A. Anderson Benj. C. Baldwin Erastus N. Bates Charles A. Coe Peter A. Cederstam William J. Duley David D. Dickerson Henry Eschle185 Thomas Foster D. M. Hall Charles Hanson

S. A. Kemp James A. McCan188 Lewis McKune Charles McClure W. H. Mills John W. North Boyd Phelps William F. Russell C. W. Thompson Alanson B. Vaughan190 Ph[ilip]. Winel191 Lafayette Emmett196 Delegate from Ramsey Co. W[illia]m P. Murray Delegate Ramsey

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W[illis]. A. Gorman Delegate, Ramsey county William Holcombe Delegate from Washington Co. James S. Norris Delegate from Washington Co.

C ONSTITUTION OF M INNESOTA (1857) Henry N. Setzer of Washington Co.

W[illiam]. M. Lashells200 Hennepin Co.

Gold T. Curtis

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A[lfred]. E. Ames Hennepin Co.

Newington Gilbert

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Cha[rle]s J. Butler

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R. H. Sanderson

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B.201 B. Meeker Delegate from Hennepin [Co.] James C. Day Houston Co. Thomas H.202 Armstrong Mower Co.

Michael E. Ames Delegate Ramsey County

O. W. Streeter Houston Co. Joseph R. Brown Sibley County

John S. Prince Delegate from Ramsey County William B. McGrorty Delegate from Ramsey Co. Paul Faber Delegate from Ramsey County

Chas. E. Flandreau203 Nicollet County Francis Baasen Brown County William R.204 McMahan Blue Earth County J. H.205 Swan Le Sueur County

M[oses]. Sherburne Ramsey Co. Patrick Nash Ramsey Co.

Jos[eph]. Rolette Delegate for Pembina Co.

E[dwin]. C. Stacy197 Delegate from Freeborn Co.

James McFetridge Pembina Co.

James C. Shepley Delegate from Stearns Co.198

Louis Vasseure206 Pembina Co.

Jerome Jerome Pembina Co. Escaviere207 Cantell Pembina Co.

W[illia]m. Sturgis from Morrison Co.

David Gilman Benton Co.

John W. Tenvoorde Delegate from Stearns Co.

Josiah Burwell Dakota Co. J. P. Wilson208 Pembina County

W. W. Kingsbury Delegate from St. Louis Co. R. H. Barrett Delegate from St. Louis Co. Robert Kennedy Delegate from Scott Co. Daniel J. Burns Delegate from [Dakota] Co. Frank Warner Delegate Scott Co. W[illiam]. A. Davis Delegate, Scott Co. Henry G. Bailly199 Delegate Dakota County Andrew Keegan Delegate Dakota County Charles L. Chase Hennepin Co. Calvin A. Tuttle Hennepin Co.

1

Verified by The Proposed Constitution of the State of Minnesota. Adopted in Convention on Friday, August 28, 1857. Signed by the Officers and Members of the Convention August 29, 1857. A True Copy: Compared carefully with the Enrolled Copy deposited with the Secretary of the Territory, Saint Paul: Printed by Owens & Moore, 1857, 15 p. Minnesota’s constitutional initiation was singular. Due to the fact that a dispute over the election and the subsequent convention immediately arose, two conventions strictly split along party lines, one Democratic and one Republican, set out simultaneously to craft a constitution. The two conventions ultimately agreed on a bipartisan conference committee for the purpose of establishing a common text. However, the members of each party refused to put their names under a document signed by the members of the other party. Therefore, in the night from August 28 to 29, 1857, two identical copies were hastily created, one for the Democrats to sign,

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M INNESOTA the other for the Republicans. At least sixteen copyists were engaged in writing these two basic documents and their command of the English language differed widely. As an apparent consequence, more than three hundred deviations in spelling, capitalization, and punctuation occurred in addition to numerous word omissions and further errors, among them such of a substantial nature (on the whole drama, cf. the meticulously researched analysis by William Anderson, A History of the Constitution of Minnesota, With the First Verified Text, in collaboration with Albert J. Lobb, Minneapolis: University of Minnesota, 1921. Though Anderson, ibid., 270–275, is exhaustive in tracing missing punctuation, two thirds of the roughly fifty errors in wording, grammar, and misspelling of names escaped his attention). Due to these bizarre circumstances we lack a single authentic text and historical truth is not likely to come out of editorially opting for a Democratic comma rather than a Republican blank space or vice versa. Instead, the Proposed Constitution was selected as the basis for this edition as it seems to have been the first print to combine both versions and both lists of signers and thus to be submitted to the people for ratification. This version has been corrected according to the Democratic and Republican manuscripts, preserved in the Minnesota Historical Society at St. Paul, MN, and available on the internet at http://www.mnhs.org/library/constitution/index.html, and additionally checked against the versions as published in the Republican Debates (Debates and Proceedings of the Constitutional Convention for the Territory of Minnesota, To Form a State Constitution Preparatory to Its Admission Into the Union As a State. T. F. Andrews, Official Reporter to the Convention, Saint Paul: George W. Moore, Printer, Minnesotian Office, 1858, 605–619), the Republican version of 1860 which governor Alexander Ramsey attached to his proclamation of December 28, 1860, notifying of the ratification of three amendments to the constitution (www.mnhs.org/library/constitution/index.html), the versions as contained in the Democratic Debates (The Debates and Proceedings of the Minnesota Constitutional Convention Including the Organic Act of the Territory. With the Enabling Act of Congress, the Act of the Territorial Legislature Relative to the Convention, And the Vote of the People on the Constitution. Reported Officially by Francis H. Smith, Saint Paul: Earle S. Goodrich, Territorial Printer, Pioneer and Democrat Office, 1857, 651–676), the Democratic Journal (Journal of the Constitutional Convention, of the Territory of Minnesota, Begun and Held in the City of Saint Paul, Capital of Said Territory, On Monday, the Thirteenth Day of July, One Thousand Eight Hundred and Fifty-Seven, Saint Paul: Earle S. Goodrich, State Printer, Pioneer and Democrat Office, 1857, 171–196), the Democratic separate print The Constitution of the State of Minnesota. Adopted in

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Convention, On Friday, August 29, 1857. Signed by the Officers and Members of the Convention, Aug. 30, 1857, Saint Paul: Earle S. Goodrich, Territorial Printer, Pioneer and Democrat Office, 1857, 20 p., and [Constitution of Minnesota] 35th Congress, 1st Session, Senate, Rep. Com. No. 21, January 26, 1858, [Washington: s.n., 1858,] 33–54. Spelling, capitalization, and punctuation follow the Proposed Constitution. Whenever the two manuscripts were unanimous in grammar or wording or in the spelling of names preference was given to the manuscripts. Wherever they differed the most plausible version was adopted. All deviations in grammar or wording and in the spelling of names in any of the versions mentioned above have been annotated, while obvious errors in writing or typographical errors have been tacitly corrected or ignored. The Constitution was adopted by the people on October 13, 1857, by 30,055 to 571 votes, and Minnesota was admitted into the Union on May 11, 1858, as the 32nd state. The constitution is still in effect and was amended five times before the Civil War (q.v.). The Democratic Convention resolved that 5,000 copies of a German translation, and 2,000 copies each of a French, Swedish, and Norwegian translation be published (Democratic Debates, 616, 626). Whether these translations were ever actually produced remains doubtful as a copy of any of them has yet to be found. 2 In Republican version of 1860, “be”. 3 Ibid., “there is”. 4 In Democratic manuscript, and in Washington print, 33, word missing. 5 In Republican manuscript, and in Republican version of 1860, “Justice”. 6 In Democratic Journal, 172, and in Democratic Debates, 652, “[be]”. 7 In Republican version of 1860, “convictions”. 8 In Washington print, 33–34, “persons shall before conviction be bailable by sufficient sureties, ex-“ missing. 9 In Proposed Constitution, 3, in Democratic separate print, 4, in Democratic Journal, 172, in Democratic Debates, 652, and in Washington print, 34, “cases”. 10 In Democratic manuscript, “require it”. 11 In Proposed Constitution, 4, in Democratic separate print, 4, and in Washington print, 34, “and”. 12 In Democratic manuscript, “powers”. 13 In Democratic Journal, 173, and in Democratic Debates, 653, “places”. 14 In Republican version of 1860, “opinions”. 15 Ibid., “3”. 16 Ibid., “Our”. 17 Ibid., “an”. 18 In Democratic manuscript, and in Democratic Journal, 173, “a”. 19 In Republican version of 1860, “crossed”. 20 Ibid., “of the”.

C ONSTITUTION OF M INNESOTA (1857) 21

In Proposed Constitution, 4, and in Republican Debates, 606, word missing. 22 In Republican version of 1860, “rivers”. 23 In Democratic separate print, 5, “thereof”. 24 In Republican version of 1860, “admissions”. 25 U.S. Statutes at Large, 34th Congress, Sess. III, Ch. 60. 26 In Proposed Constitution, 4, and in Republican Debates, 607, “regulation”. 27 In Republican manuscript, and in Republican version of 1860, “The Legislative”. 28 In Democratic Journal, 175, and in Democratic Debates, 655, word missing. 29 In Republican version of 1860, “questions”. 30 In Republican Debates, 607, “the”. 31 Ibid., 608, “sessions”. 32 In Washington print, 36, “of the”. 33 Ibid., 37, word missing. 34 Ibid., “of the”. 35 In Republican version of 1860, “numbers”. 36 In Republican Debates, 609, word missing. 37 In Proposed Constitution, 6, in Republican Debates, 609, and in Washington print, 38, “pending”. 38 In Proposed Constitution, 6, in separate Democratic print, 8, and in Washington print, 38, “hereafter”. 39 In Proposed Constitution, 6, in separate Democratic print, 8, in Republican Debates, 609, and in Washington print, 38, “Legislative Assembly”. 40 In Democratic Journal, 178, in Democratic Debates, 658, and in Republican Debates, 609, “the”. 41 In Republican version of 1860, “of all the senators at the election” missing. 42 Ibid., “appointment”. 43 Ibid., “that”. 44 In Proposed Constitution, 7, in separate Democratic print, 8, in Democratic Journal, 178, in Democratic Debates, 658, in Republican Debates, 609, and in Washington print, 39, “times and”. 45 In Democratic Journal, 179, and in Democratic Debates, 659, word missing. 46 In Republican manuscript, and in Republican version of 1860, “The Executive”. 47 In Democratic Journal, 179, and in Democratic Debates, 659, word missing. 48 In Democratic Journal, 179, and in Democratic Debates, 659, word missing. 49 In Republican Debates, 610, “officers”. 50 In Republican version of 1860, “elections”. 51 Ibid., word missing. 52 Ibid., “terms”. 53 In Washington print, 40, “officers”. 54 In Proposed Constitution, 8, in separate Democratic print, 10, and in Republican Debates, 611, “Judicial”. 55 In Washington print, 41, word missing. 56 In Republican version of 1860, “States”. 57 In separate Democratic print, 10, “regularly be”.

58

In Republican manuscript, in separate Democratic print, 10, and in Republican version of 1860, “Court”. 59 In Democratic manuscript, “of”. 60 In Proposed Constitution, 8, and in Washington print, 42, word missing. 61 In Republican version of 1860, “cases”. 62 In Republican Debates, 612, “case”. 63 In separate Democratic print, 11, in Democratic Journal, 182, in Democratic Debates, 662, and in Republican Debates, 612, “nor”. 64 In Republican manuscript, and in Republican version of 1860, word missing. 65 In Republican manuscript, and in Republican version of 1860, “by the”. 66 In Proposed Constitution, 9, “Court”. 67 In Republican version of 1860, “the”. 68 In Democratic manuscript, and in Republican manuscript, “proceedings, and proceedings” corrected to “pleadings, and proceedings”; in Republican version of 1860, “proceedings and proceedings and proceedings”. 69 In Republican version of 1860, “powers”. 70 In Proposed Constitution, 9, in separate Democratic print, 11, in Democratic Journal, 183, in Democratic Debates, 663, in Republican Debates, 612, and in Washington print, 43, “intention”. 71 In Republican version of 1860, “under guardianship, or who may be non compos mentis, or” missing. 72 Ibid., “at”. 73 In Democratic Journal, 184, and in Democratic Debates, 664, word missing. 74 In Republican version of 1860, last two words missing. 75 Ibid., “so”. 76 Ibid., “any”. 77 In Proposed Constitution, 10, and in Washington print, 45, “purchase moneys”. 78 In Republican manuscript, and in Republican version of 1860, “debts”. 79 In Republican manuscript, in Democratic Journal, 186, and in Republican version of 1860, “lands”. 80 In Republican Debates, 614, “or to the repayment of such debt or liability,” missing. 81 In Republican manuscript, and in Republican version of 1860, “whatsoever”. 82 In Democratic Journal, 187, and in Democratic Debates, 667, “of”. 83 In Democratic Journal, 187, and in Democratic Debates, 667, “in”. 84 In Democratic Journal, 187, and in Democratic Debates, 667, “purpose”. 85 In Democratic Journal, 187, and in Democratic Debates, 667, “funds”. 86 In Proposed Constitution, 11, in separate Democratic print, 14, in Democratic Journal, 187, in Democratic Debates, 667, in Republican Debates, 614, and in Washington print, 46, “persons”.

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M INNESOTA 87 In Democratic Journal, 187, and in Democratic Debates, 667, “stock”. 88 In Proposed Constitution, 11, in Democratic separate print, 14, and in Republican Debates, 615, “or”. 89 In Republican Debates, 615, word missing. 90 In Democratic Journal, 187, and in Democratic Debates, 667, word missing. 91 In Republican version of 1860, “payments”. 92 In Democratic Journal, 188, and in Democratic Debates, 668, “corporation”. 93 In Proposed Constitution, 11, in Democratic separate print, 14, and in Washington print, 46, “by”. 94 In Republican manuscript, and in Republican version of 1860, “Corporations”. 95 In Proposed Constitution, 12, in Democratic separate print, 15, and in Republican Debates, 615, word missing. 96 In Proposed Constitution, 12, and in Democratic separate print, 15, “Legislative Assembly”. 97 In Democratic Journal, 189, in Democratic Debates, 669, and in Republican Debates, 616, “case”. 98 In Republican version of 1860, “the”. 99 Ibid., “the”. 100 Ibid., “officers”. 101 Ibid., “the”. 102 Ibid., “law”. 103 In Democratic manuscript, last three words missing. 104 In Republican manuscript, and in Republican version of 1860, “for”. 105 In Republican Debates, 616, “this”. 106 In Proposed Constitution, 12, and in Washington print, 49, word missing. 107 In Democratic Journal, 190, and in Democratic Debates, 671, “called by him”. 108 In Republican version of 1860, “act”. 109 In Proposed Constitution, 13, in separate Democratic print, 16, in Washington print, 49, and in Republican version of 1860, “the”. 110 In Proposed Constitution, 13, in separate Democratic print, 16, and in Washington print, 49, “A RTICLE S IXTEENTH. – Schedule”. 111 In Republican version of 1860, “as”. 112 In Proposed Constitution, 13, and in Republican Debates, 617, “individual”. 113 In Republican manuscript, and in Republican version of 1860, “to to”. 114 In Proposed Constitution, 13, in Republican Debates, 617, and in Washington print, 49, word missing. 115 In Proposed Constitution, 13, in separate Democratic print, 17, in Republican Debates, 617, in Washington print, 49, and in Republican version of 1860, word missing. 116 In Republican Debates, 617, “a State”. 117 In Republican version of 1860, “the Court”. 118 In Republican manuscript, “and” struck out; in Republican version of 1860, “real and”.

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119 In

Republican manuscript, in Proposed Constitution, 13, in Washington print, 49, and in Republican version of 1860, “whatever”. 120 In Republican manuscript, and in Republican version of 1860, “and to and”. 121 In Republican version of 1860, “there”. 122 Ibid., “of”. 123 Ibid., “Territory”. 124 In Democratic Journal, 192, and in Democratic Debates, 672, word missing. 125 In Republican manuscript, “Monday” corrected into “Wednesday”; in Proposed Constitution, 13, and in Washington print, 50, “Monday”. 126 In Proposed Constitution, 13, in separate Democratic print, 17, in Democratic Journal, 192, in Democratic Debates, 672, in Republican Debates, 617, and in Washington print, 50, “the”. 127 In Republican version of 1860, word missing. 128 Ibid., “had”. 129 In Democratic Journal, 192, in Democratic Debates, 672, and in Republican Debates, 617, “the said”. 130 In Democratic Debates, 672, word missing. 131 In Proposed Constitution, 13, in separate Democratic print, 18, in Democratic Journal, 192, in Democratic Debates, 672, in Republican Debates, 617, and in Washington print, 50, “the house”. 132 In Republican manuscript, in Proposed Constitution, 13, in Washington print, 50, and in Republican version of 1860, “Olmstead”. 133 In Republican manuscript, and in Republican version of 1860, “Farribault”. 134 In Democratic manuscript, “Wauseca”. 135 In Republican manuscript, and in Republican version of 1860, “LeSeur”; in separate Democratic print, 18, “Le Seuer”; in Proposed Constitution, 13, and in Republican Debates, 618, “Lesueur”. 136 In Republican manuscript, and in Republican version of 1860, “Stearnes”. 137 In Democratic Debates, 673, “Tod”. 138 In Washington print, 51, “Mississippi river”. 139 In Republican manuscript, “Menomen”; in Republican version of 1860, “Mahnomen”. 140 In Democratic manuscript, in Republican manuscript, in Proposed Constitution, 14, in separate Democratic print, 18, in Washington print, 51, and in Republican version of 1860, “Itaska”. 141 In Republican manuscript, and in Republican version of 1860, “Stearnes”. 142 In Democratic Debates, 673, “Tod”. 143 In Democratic manuscript, “District”. 144 In Republican manuscript, and in Republican version of 1860, “viz.”. 145 In Proposed Constitution, 14, in separate Democratic print, 18, in Democratic Journal, 193, in Democratic Debates, 673, in Republican Debates, 618, and in Washington print, 51, word constantly missing. 146 In separate Democratic print, 18, “1”.

C ONSTITUTION OF M INNESOTA (1857) 147 Ibid.,

“1”. Democratic manuscript, in Republican manuscript, and in Republican version of 1860, sums missing. 149 In Republican manuscript, and in Republican version of 1860, “of the”. 150 In Republican version of 1860, “of the”. 151 In Republican manuscript, and in Republican version of 1860, last two words missing. 152 In Republican Debates, 618, word missing; in Republican version of 1860, “via”. 153 In Republican manuscript, and in Republican version of 1860, “Menomen”. 154 In Democratic Journal, 194, “Itasca”; in Democratic Debates, 674, “Itaski”; in Republican Debates, 618, county missing. 155 In Republican manuscript, in separate Democratic print, 18, in Washington print, 52, and in Republican version of 1860, “Olmstead”. 156 In Republican manuscript, and in Republican version of 1860, “Stearnes”. 157 In Democratic manuscript, in Republican manuscript, in Proposed Constitution, 14, in separate Democratic print, 18, in Washington print, 52, and in Republican version of 1860, “Itaska”. 158 In Democratic Journal, 194, and in Democratic Debates, 674, “Tod”. 159 In Democratic manuscript, “Wauseca”. 160 In Republican manuscript, and in Republican version of 1860, “LeSeur”; in Republican Debates, 618, “Le Seuer”. 161 In Republican manuscript, in separate Democratic print, 19, and in Republican version of 1860, “Farribault”. 162 In Democratic Journal, 194, and in Democratic Debates, 674, word missing. 163 In Republican manuscript, in Proposed Constitution, 14, in Republican Debates, 618, and in Republican version of 1860, “and members”. 164 In Proposed Constitution, 14, in separate Democratic print, 19, in Democratic Journal, 195, in Democratic Debates, 675, in Republican Debates, 619, and in Washington print, 52, “hereunto”. 165 In Republican Debates, 619, “respect”. 166 In Republican manuscript, and in Republican version of 1860, last three words missing. 167 In Republican manuscript, and in Republican version of 1860, “open”. 168 In Republican manuscript, and in Republican version of 1860, word missing. 169 In Democratic Journal, 195, and in Democratic Debates, 675, “for each person for any office, and the votes polled” missing. 170 In Proposed Constitution, 14, in Republican Debates, 619, and in Washington print, 53, “or”. 171 In Proposed Constitution, 14, in Republican Debates, 619, and in Washington print, 53, “the”. 148 In

172 In

Republican manuscript, and in Republican version of 1860, last five words missing. 173 In Republican version of 1860, “or”. 174 In Washington print, 53, “vote”. 175 In Republican manuscript, and in Republican version of 1860, “at St. Paul, the”. 176 In separate Democratic print, 20, in Democratic Journal, 196, in Democratic Debates, 676, in Republican Debates, 619, last six words missing. 177 In Republican manuscript, and in Republican version of 1860, word missing. 178 In Republican manuscript, and in Republican version of 1860, rest of sentence missing. 179 In Democratic manuscript, “Finis.” added. In Proposed Constitution, 15, entire clause missing, instead the list of Republican signers immediately follows. The list also appeared in the Republican manuscript, the Republican Debates, 619, and in the Republican version of 1860. The list as published here follows the order of the Republican manuscript. 180 In Proposed Constitution, 15, “of the Constitutional Convention” added. 181 In Republican version of 1860, “S”. 182 In Proposed Constitution, 15, “of the Constitutional Convention” added. Name placed at the end of the list of Republican signers. 183 In Republican version of 1860, “Cogswell”. 184 Ibid., “Folson”. 185 In Republican Debates, 619, “Eschlie”. 186 In Republican version of 1860, “Heyden”. 187 In Republican Debates, 619, “Lowe”. 188 Ibid., “McCann”. 189 In Republican version of 1860, “N. B. Robbins, Jr.”. 190 In Proposed Constitution, 15, and in Republican Debates, 619, “Vaughn”. 191 In Republican Debates, 619, “Winell”. 192 In Proposed Constitution, 15, and in Republican Debates, 619, the following six names appear as signers: Aaron G. Hudson, Joseph Peckham, Charles B. Sheldon, F. Ayer, H. W. Holley, and Samuel W. Putnam. These names are absent in the Republican manuscript and according to Anderson, History of the Constitution of Minnesota, 276, the six did not sign, four of them probably due to their absence from the final sessions. Peckham was present and voted for the constitution. Why he failed to sign is not known, while Holley voted against the final document. 193 In Proposed Constitution, 15, clause added in square brackets. Followed by the Democratic signers, here published in the order of the Democratic manuscript. In Proposed Constitution, 15, in separate Democratic print, 20, in Democratic Journal, 196, in Democratic Debates, 676, and in Washington print, 53– 54, arrangement is according to counties, starting with Washington county, in standardized form (“William Holcombe, of Washington County”). 194 In Proposed Constitution, 15, in separate Demo-

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M INNESOTA cratic print, 20, in Democratic Journal, 196, in Democratic Debates, 676, and in Washington print, 53, “Henry H. Silbey, of Dakota County, President of the Constitutional Convention of Minnesota”. 195 In Proposed Constitution, 15, in separate Democratic print, 20, in Democratic Journal, 196, in Democratic Debates, 676, and in Washington print, 53, “Attest: J.J.NOAH Secretary of the Constitutional Convention”, placed at the end of the list of signers. 196 In Proposed Constitution, 15, in separate Democratic print, 20, and in Washington print, 53, “Emmet”. 197 In Proposed Constitution, 15, in separate Democratic print, 20, in Democratic Journal, 196, in Democratic Debates, 676, and in Washington print, 54, “Stacey”. 198 In Proposed Constitution, 15, in separate Democratic print, 20, in Democratic Journal, 196, in Democratic Debates, 676, and in Washington print, 54, “H. C. Wait” listed as first of three signers from Stearns county. According to Anderson, History of the Constitution of Minnesota, 276, Wait did not sign the constitution. 199 In separate Democratic print, 20, “Baily”; in Proposed Constitution, 15, and in Washington print, 54,

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“Bailey”. 200 In Democratic Journal, 196, and in Democratic Debates, 676, “Lashelle”. 201 In Washington print, 53, “R.”. 202 Ibid., 54, “U.”. 203 In Proposed Constitution, 15, in separate Democratic print, 20, in Democratic Journal, 196, in Democratic Debates, 676, and in Washington print, 54, “Flandrau”. 204 In Proposed Constitution, 15, in separate Democratic print, 20, in Democratic Journal, 196, in Democratic Debates, 676, and in Washington print, 54, “B.”. 205 In Washington print, 54, “U.”. 206 In Proposed Constitution, 15, in separate Democratic print, 20, in Democratic Journal, 196, in Democratic Debates, 676, and in Washington print, 54, “Vasseur”. 207 In Proposed Constitution, 15, in separate Democratic print, 20, in Democratic Journal, 196, in Democratic Debates, 676, and in Washington print, 54, “Xavier”. 208 In Proposed Constitution, 15, and in separate Democratic print, 20, name missing.

First Amendment of 1858 An Act proposing an amendment to Section ten, Article nine of the Constitution, and providing for the submission of the same to the people1

Be it enacted by the Legislature of the State of Minnesota: S ECT. 1. The following amendment to the Constitution of this State is hereby proposed for publication, and approval or rejection by the people, in accordance with Section 1 of Article 14 of the Constitution; that is to say, that Section 10 of Article 9 of the Constitution shall be as follows: S ECT. 10. The credit of this State shall never be given or loaned in aid of any individual association or corporation, except that for the purpose of expediting the construction of the lines of Railroads, in aid of which the Congress of the United States has granted lands to the Territory of Minnesota, the Governor shall cause to be issued and delivered to each of the Companies in which said grants are vested by the Legislative Assembly of Minnesota, the special bonds of the State, bearing an interest of seven per cent. per annum, payable semiannually in the City of New York, as a loan of public credit, to an amount not exceeding twelve hundred and fifty thousand dollars, or an aggregate amount to all of said Companies not exceeding five millions of dollars, in manner following, to wit: Whenever either of the said Companies shall produce to the Governor satisfactory evidence, verified by the affidavits of the Chief Engineer, Treasurer and two Directors of said Company, that any ten miles of

the road of said Company has been actually constructed and completed, ready for placing the superstructure thereon, the Governor shall cause to be issued and delivered to such Company, bonds to the amount of one hundred thousand dollars; and whenever thereafter, and as often as either of said Companies shall produce to the Governor like evidence of a further construction of ten miles of its road, as aforesaid, then the Governor shall cause to be issued to such Company further like bonds to the amount of one hundred thousand dollars for each and every ten miles of road thus constructed; and whenever such Company shall furnish like evidence that any ten miles of its road is actually completed and cars running thereon, the Governor shall cause to be issued to such Company like bonds to the amount of one hundred thousand dollars; and whenever thereafter, and as often as either of said Companies shall produce to the Governor like evidence that any further ten miles of said road is in operation as aforesaid, the Governor shall cause to be issued to such Company further like bonds to the amount of one hundred thousand dollars until the full amount of the bonds hereby authorized shall be issued: Provided, That two-fifths, and no more, of all bonds issued to the Southern Minnesota Railroad Company, shall be expended in the construction and equipment of the line of road from La Crescent to the point of junction

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M INNESOTA with the Transit Road, as provided by law. And further provided, that the Minneapolis and Cedar Valley Railroad Company shall commence the construction of their road at Faribault and Minneapolis, and shall grade an equal number of miles from each of said places. The said bonds thus issued shall be denominated “Minnesota State Railroad Bonds,” and the faith and credit of this State are hereby pledged for the payment of the interest and the redemption of the principal thereof. They shall be signed by the Governor, countersigned and registered by the Treasurer, sealed with the seal of the State, of denominations, not exceeding one thousand dollars, payable to the order of the company to whom issued, transferable by the endorsement of the President of the said Company, and redeemable at any time after ten and before the expiration of twenty-five years from the date thereof. Within thirty days after the Governor shall proclaim that the people have voted for a loan of State credit to Railroads, any of said Companies proposing to avail themselves of the loan herein provided for, and to accept the conditions of the same, shall notify the Governor thereof, and shall, within sixty days, commence the construction of their roads; and shall, within two years thereafter, construct ready for the superstructure, at least fifty (50) miles of their road. Each Company shall make provision for the punctual payment and redemption of all bonds issued and delivered as aforesaid, to said Company, and for the punctual payment of the interest which shall accrue thereon, in such manner as to exonerate the Treasury of this State from any advances of money for that purpose; and as security therefor, the Governor shall demand and receive from each of said Companies, before any of said bonds are issued, an instrument pledging the net profits of its road, for the payment of said interest, and a conveyance to the State of the

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first two hundred and forty sections of land, free from prior incumbrances, which such Company is or may be authorized to sell in trust for the better security of the Treasury of the State from loss on said bonds, which said deed of trust shall authorize the Governor and Secretary of State to make conveyances of title to all or any of such lands, to purchasers agreeing with the respective Railroad Companies therefor. Provided, That before releasing the interest of the State to such lands, such sale shall be approved by the Governor, but the proceeds of all such sales shall be applied to the payment of interest accruing upon the bonds in case of default of the payment of the same, and as a sinking fund to meet any future default in the payment of interest and the principal thereof when due; and as further security, an amount of first mortgage bonds on the roads, lands and franchises of the respective Companies, corresponding to the State bonds issued, shall be transferred to the Treasurer of the State at the time of the issue of State bonds, and in case either of said Companies shall make default in payment of either the interest or principal of the bonds issued to said Companies by the Governor, no more State bonds shall thereafter be issued to said Company, and the Governor shall proceed in such manner as may be prescribed by law, to sell the bonds of the defaulting Company or Companies, or the lands held in trust as above, or may require a foreclosure of the mortgage executed to secure the same: Provided, That if any company so in default, before the day of sale, shall pay all interest and principal then due, and all expenses incurred by the State, no sale shall take place, and the right of said company shall not be impaired to a further loan of State credit: Provided, If any of said companies shall at any time offer to pay the principal, together with the interest that may then be due upon any of the Minnesota State Railroad Bonds, which may have been

F IRST A MENDMENT OF 1858 issued under the provisions of this section, then the Treasurer of State shall receive the same; and the liabilities of said company or companies, in respect to said bonds shall cease upon such payment into the State Treasury, of principal, together with the interest as aforesaid: Provided further, That in consideration of the loan of State credit herein provided, that the company or companies which may accept the bonds of the State in the manner herein specified, shall, as a condition thereof, each complete not less than fifty miles of its road on or before the expiration of the year 1861, and not less than one hundred miles before the year 1864, and complete four-fifths of the entire length of its road before the year 1866, and any failure on the part of any such company to complete the number of miles of its road or roads, in the manner and within the several times herein prescribed, shall forfeit to the State, all the rights, title and interest of any kind whatsoever in and to any lands, together with the franchises connected with the same not pertaining or applicable to the

portion of the road by them constructed, and a fee simple to which has not accrued to either of said companies, by reason of such construction, which was granted to the company or companies, thus failing to comply with the provisions hereof, by act of the Legislature of the Territory of Minnesota, vesting said land in said companies respectively.

1

Verified by General Laws of the State of Minnesota; Passed and Approved During the First Session of the State Legislature, Commencing December Third, One Thousand Eight Hundred and Fifty-Seven, and Terminating August Twelve, One Thousand Eight Hundred and Fifty-Eight. Three Thousand Copies Ordered Printed, Saint Paul: Earle S. Goodrich, State Printer, Pioneer and Democrat Office, 1858, 9–12. Spelling, capitalization, and punctuation as in the Session Law print. The act was approved by the legislature on March 9, 1858, and ratified by the people in a special election on April 15, 1858, by a vote of 25,023 to 6,733 (cf. William Anderson, A History of the Constitution of Minnesota, With the First Verified Text, in collaboration with Albert J. Lobb, Minneapolis: University of Minnesota, 1921, 278). The amendment was revoked by the third amendment of 1860 (q.v.).

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Second Amendment of 1858 An Act proposing an Amendment to the Constitution of the State of Minnesota1

Be it enacted by the Legislature of the State of Minnesota: S ECT. 1. The following amendment to Section seven of Article five of the Constitution of this State, is hereby proposed for publication, to be approved or rejected by the people, pursuant to Section one of Article fourteen of said Constitution, said Section seven to be amended so as to read as follows: S ECT. 7. The term of each of the Executive officers named in this Article, shall commence on taking the oath of office on or after the first day of May, 1858, and continue until the first Monday of January, 1860, except the Auditor, who shall continue in office till the first Monday of January, 1861, and until their successors shall have been duly elected and qualified; and the same above-mentioned time for quali-

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fication and entry upon the duties of their respective offices shall extend and apply to all other officers elected under the State Constitution, who have not already taken the oath of office and commenced the performance of their official duties.

1

Verified by General Laws of the State of Minnesota; Passed and Approved During the First Session of the State Legislature, Commencing December Third, One Thousand Eight Hundred and Fifty-Seven, and Terminating August Twelve, One Thousand Eight Hundred and Fifty-Eight. Three Thousand Copies Ordered Printed, Saint Paul: Earle S. Goodrich, State Printer, Pioneer and Democrat Office, 1858, 13. Spelling, capitalization, and punctuation as in the Session Law print. The act was approved by the legislature on March 8, 1858, and ratified by the people in a special election on April 15, 1858 (cf. William Anderson, A History of the Constitution of Minnesota, With the First Verified Text, in collaboration with Albert J. Lobb, Minneapolis: University of Minnesota, 1921, 278–279).

First Amendment of 1860 An Act proposing an amendment to Article four of the Constitution of the State of Minnesota1

Be it enacted by the Legislature of the State of Minnesota: S ECT. 1. The following amendment to the Constitution of this State is hereby proposed for publication and approval or rejection by the people, in accordance with Section one (1) of Article fourteen (14) of the Constitution; that is to say, that there be added to Section one (1) of Article four (4) of the Constitution of the State, the following words: “But no session shall exceed the term of sixty days.”

1

Verified by General Laws of the State of Minnesota, Passed and Approved During the Second Session of the State Legislature, Commencing December Seventh, One Thousand Eight Hundred and Fifty-Nine, and Terminating March Twelfth, One Thousand Eight Hundred and Sixty. Two Thousand Copies Ordered Printed, Faribault, Minn.: Orville Brown, State Printer, Central Republican Office, 1860, 170. Spelling, capitalization, and punctuation as in the Session Law print. The act was approved by the legislature on March 10, 1860, and ratified by the people on November 6, 1860, by a vote of 19,785 to 442 (cf. William Anderson, A History of the Constitution of Minnesota, With the First Verified Text, in collaboration with Albert J. Lobb, Minneapolis: University of Minnesota, 1921, 278).

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Second and Third Amendments of 1860 Concurrent Resolution of both Houses of the Legislature of the State of Minnesota, proposing Amendments to the Constitution of the State1

Resolved by the House of Representatives of the State of Minnesota, (the Senate concurring): That Section two (2) of article (9) of the Constitution be amended so as to read as follows: S ECT. 2. The Legislature shall provide for an annual tax sufficient to defray the estimated ordinary expenses of the State for each year, and whenever it shall happen that such ordinary expenses of the State for any year shall exceed the income of the State for such year, the Legislature shall provide for levying a tax for the ensuing year sufficient, with other sources of income, to pay the deficiency of the preceding year together with the estimated expenses of such ensuing year. But no law levying a tax, or making other provisions for the payment of interest or principal of the Bonds denominated “Minnesota State Railroad Bonds,” shall take effect or be in force until such law shall have been submitted to a vote of the people of the State, and adopted by a majority of the electors of the State voting upon the same. That Section ten (10) of article nine (9) of the Constitution be amended so as to read as follows: S ECT. 10. The credit of the State shall

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never be given or loaned in aid of any individual, association or corporation; nor shall there be any further issue of bonds denominated “Minnesota State Railroad Bonds,” under what purports to be an amendment to Section ten (10) of Article nine (9) of the Constitution, adopted April fifteenth, eighteen hundred and fifty-eight, which is hereby expunged from the Constitution, saving, excepting and reserving to the State, nevertheless, all rights, remedies and forfeitures accruing under said amendment.2

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Verified by General Laws of the State of Minnesota, Passed and Approved During the Second Session of the State Legislature, Commencing December Seventh, One Thousand Eight Hundred and Fifty-Nine, and Terminating March Twelfth, One Thousand Eight Hundred and Sixty. Two Thousand Copies Ordered Printed, Faribault, Minn.: Orville Brown, State Printer, Central Republican Office, 1860, 297–298. Spelling, capitalization, and punctuation as in the Session Law print. The resolution was approved by the legislature on March 10, 1860. Both amendments were ratified separately by the people on November 6, 1860. The second amendment, altering art. IX, sect. 2, was adopted by a vote of 18,648 to 743, while the third amendment altering art. IX, sect. 10 was ratified by 19,308 votes to 710 (cf. Proclamation by Alexander Ramsey, Governor, published by the Minnesota Historical Society on the internet “The Constitution of the State of Minnesota, Republican Version, Signed August 29, 1857” [Republican Version of 1860] at www.mnhs.org/library/constitution/index.html). 2 First amendment of 1858 (q.v.)

Constitution of Mississippi (1817) Constitution of the State of Mississippi1

We the Representatives of the people inhabiting the western part of the Mississippi Territory contained within the following limits – to wit – Beginning on the River Mississippi at the point where the southern boundary line of2 the State of Tennessee strikes the same; thence east along the said boundary line to the Tennessee River; thence up the same to the mouth of Bear creek; thence by a direct line to the North West corner of the County of Washington; thence due south to the Gulf of Mexico; thence westwardly, including all Islands within six leagues of the shore, to the most eastern junction of Pearl River with lake Borgne; thence up said river to the thirty first degree of north latitude; thence west along the said degree of latitude to the Mississippi river3 ; thence up the same to the beginning – Assembled in convention at the Town of Washington on monday4 the seventh day of July one thousand eight hundred and seventeen, in pursuance of an Act of Congress entitled “An act to enable the people of the western part of the Mississippi Territory to form a constitution and State government, and for the admission of such state into the union on an equal footing with the original States:”5 in order to secure to the Citizens thereof the rights of life, liberty and property; do ordain and establish the following C ONSTITUTION and 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 Mississippi.

ARTICLE I Declaration of Rights That the general, great, and essential principles of liberty and free government, may be recognized and established, WE DECLARE: S ECT. 1. That all freemen when they form a social compact are equal in rights; and that no man or set of men, are entitled to exclusive, separate public emoluments or privileges, from the community, but in consideration of public services. S ECT. 2. That all political power is inherent in the people, and all free governments are founded on their authority and instituted for their benefit; and therefore, they have at all times an unalienable and indefeasible right, to alter, or abolish their form of government, in such manner as they may think expedient. S ECT. 3. The exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in this6 State; provided that the right hereby declared and established, shall not be so construed as to excuse acts of licentiousness, or justify practices, inconsistent with the peace and safety of this State. S ECT. 4. No preference shall ever be given by law to any religious sect, or mode of worship. S ECT. 5. That no person shall be molested for his opinions on any subject what-

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M ISSISSIPPI ever, 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. S ECT. 6. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty. S ECT. 7. No law shall ever be passed to curtail or restrain the liberty of speech or of the press. S ECT. 8. In all prosecutions or indictments for libels, the truth may be given in evidence, and the jury shall have the right to determine the law and the facts under the direction of the Court. S ECT. 9. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable seizures or searches; and that 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 supported by oath or affirmation. S ECT. 10. That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel, to demand the nature and cause of the accusation, to be confronted by the witnesses against him, to have compulsory process for obtaining witnesses in his favor; and in all prosecutions by indictment or information, a speedy public trial by an impartial jury of the County; 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. S ECT. 11. No person shall be accused, arrested or detained, except in cases ascertained by law, and according to the forms7 which the same has prescribed; and no person shall be punished but in virtue of a law

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established and promulgated prior to the offence, and legally applied. S ECT. 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 the8 militia when in actual service, or by leave of the Court, for misdemeanor in office. S ECT. 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 public use, without the consent of his representatives, and without just compensation being made therefor. S ECT. 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. S ECT. 15. That no power of suspending laws shall be exercised, except by the legislature, or its authority. S ECT. 16. That excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments9 inflicted. S ECT. 17. That all prisoners shall, before conviction, be bailable by sufficient securities, except for capital offences when, the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless, when in case of rebellion or invasion, the public safety may require it. S ECT. 18. That the person of a Debtor, where 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.

C ONSTITUTION OF M ISSISSIPPI (1817) S ECT. 19. That no ex post facto law, nor law impairing the obligation of a contract shall be made.

cause12 for or against him or herself, before any tribunal in this State, by him or herself, or counsel, or both.

S ECT. 20. That no person shall be attainted of treason or felony by the Legislature.

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S ECT. 21. That the estates of suicides shall descend or vest as in cases of natural death; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof.

To guard against transgressions13 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.

S ECT. 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. S ECT. 23. Every citizen has a right to bear arms in defence of himself and the10 State. S ECT. 24. No standing army shall be kept up without the consent of the Legislature; and the military shall in all cases, and at all times be in strict subordination to the civil power. S ECT. 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. S ECT. 26. That no hereditary emoluments, privileges or honors, shall ever be granted or conferred in this State. S ECT. 27. No citizen of this state shall be exiled, or prevented from emigrating, on11 any pretence whatever. S ECT. 28. The right of trial by Jury shall remain inviolate. S ECT. 29. No person shall be debarred from prosecuting or defending any civil

ARTICLE II Distribution of Powers S ECT. 1. The powers of the government of the State of Mississippi shall be divided into three distinct departments, and each of them be confided14 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. S ECT. 2. No person or collection of persons, being of one of those departments, shall exercise any power, properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.

ARTICLE III Legislative Department S ECT. 1. Every free white male person of the age of twenty-one years or upwards, who shall be a Citizen of the United States, and shall have resided in this State one year next preceding an election, and the last six months within the County, City or Town in which he offers to vote, and shall be

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M ISSISSIPPI enrolled in the militia thereof, except exempted by law from military service; or having the aforesaid qualifications of Citizenship and residence, shall have paid a State or County tax, shall be deemed a qualified elector – No15 elector shall be entitled to vote, except in the county, City or Town (entitled to separate representation) in which he may reside at the time of the election. S ECT. 2. Electors shall, in all cases, except in those of 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. S ECT. 3. The first election shall be by ballot, and all future elections, by the people, shall be regulated by Law. S ECT. 4. The legislative power of this16 State shall be vested in two distinct branches; the one to be styled the Senate, the other the house of Representatives, and both together “The General Assembly of the State of Mississippi.” And the style of their laws shall be “Be it enacted by the Senate and House of Representatives of the State of Mississippi in general Assembly convened.” S ECT. 5. 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. S ECT. 6. The Representatives shall be chosen every year, on the first monday and the day following in August. S ECT. 7. No person shall be a representative unless he be a citizen of the United States, and shall have been an inhabitant of this17 State two years next preceeding 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 to

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the age of twenty two years; and also, unless he shall hold, in his own right, within this State, one Hundred and fifty acres of land, or an interest in real estate of the value of five hundred dollars, at the time of his election, and for six months previous thereto. S ECT. 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 legislature may divide any county: 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 which such City or Town entitled to a separate18 representation is situated, shall not be held in such City or Town: And provided: That if the residuum or fraction of any City or Town entitled to separate representation shall when added to the residuum in the County, in which it may lie, be equal to the ratio fixed by law, for one representative, then the aforesaid County, City or Town, having the largest residuum shall be entitled to such representation – And provided also that when there are two or more Counties adjoining, which have residuums over and above the 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. S ECT. 9. The general Assembly shall, at their first meeting, and in the year one thousand eight hundred and twenty, and in not less than every three, nor more than every

C ONSTITUTION OF M ISSISSIPPI (1817) five years thereafter, cause an enumeration to be made of all the free white inhabitants of the State; and the whole number of representatives shall, at the several periods of making such enumeration, be fixed by the General Assembly, and apportioned among the several Counties, Cities or Towns entitled to separate representation, according to the number of free white inhabitants in each, and shall not be less than twenty four, nor greater than thirty six, until the number of free white inhabitants shall be eighty thousand; and after that event, at such ratio, that the whole number of Representatives shall never be less than thirty six, nor more than one hundred: Provided however, that each County shall always be entitled to at least one representative. S ECT. 10. The whole number of Senators shall, at the several periods of making the enumeration before mentioned, be fixed by the General Assembly, and apportioned among the several Districts to be established by law, according to the number of free white taxable inhabitants in each; and shall never be less than one fourth, nor more than one third, of the whole number of Representatives. S ECT. 11. The Senators shall be chosen by the qualified electors, for three years; and on their being convened in consequence of the first election, they shall be divided by lot from19 their respective districts, into three classes, as nearly equal as can be. The seats of the Senators of the first class shall be vacated at the expiration of the first year, and 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 one third thereof may be annually chosen thereafter. S ECT. 12. Such mode of classifying new additional Senators, shall be observed as

will, as nearly as possible, preserve an equality of numbers in each class. S ECT. 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. S ECT. 14. No person shall be a Senator, unless he be a Citizen of the United States, and shall have been an inhabitant of this20 State four years next preceding his election, and the last year thereof a resident of the District, for which he shall be chosen, and shall have attained to the age of twenty six years; and also, unless he shall hold, in his own right within this State, three hundred acres of land, or an interest in real estate of the value of one thousand dollars, at the time of his election, and for six months previous thereto. S ECT. 15. 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 house shall judge of the qualifications and elections of its own members; but a contested election shall be determined in such manner as shall be directed by law. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner, and under21 such penalties, as each house may provide. S ECT. 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 powers22 necessary for a branch of the Legislature of a free and independent State.

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M ISSISSIPPI S ECT. 17. Each house shall keep a Journal of its proceedings, and publish the same, excepting such parts as in its judgment may require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of any three members present, be entered on the journals. S ECT. 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. S ECT. 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 general Assembly, 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 general Assembly is convened. S ECT. 20. Each house may punish by imprisonment, during the session, any person not a member, for disrespectful or disorderly behaviour in its presence, or for obstructing any of its proceedings: Provided, such imprisonment shall not, at any one time, exceed forty eight hours. S ECT. 21. The doors of each house shall be open, except on such occasions, as in the opinion of the house, may require secrecy. S ECT. 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. S ECT. 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 depending23 , may deem it expedient to dispense with this rule24 : and

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every bill having passed both houses, shall be signed by the Speaker and President of their25 respective houses. S ECT. 24. All bills for raising revenue shall originate in the house of representatives, but the Senate may amend or reject them as other bills. S ECT. 25. Each member of the general assembly shall receive from the public Treasury, a compensation for his services, which may be increased or diminished by law; but no increase of compensation shall take effect during the session at which such increase shall have been made. S ECT. 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 this26 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 General Assembly shall, after the commencement of the first session of the Legislature after his election, and during the remainder of the term for which he is elected, be eligible to any office or place, the appointment to which may be made in whole or in part by either branch of the General Assembly. S ECT. 27. No Judge of any court of law or equity, Secretary of State, Attorney General, Clerk of any Court of record, Sheriff or collector, or any person holding a lucrative office under the United States (the office of Post Master excepted) or this State, shall be eligible to the general Assembly: Provided, that offices in the Militia, to which there is attached no annual Salary, or the office of justice of the peace, or of the quorum, shall not be deemed lucrative.

C ONSTITUTION OF M ISSISSIPPI (1817) S ECT. 28. No person who hath27 heretofore been, or hereafter may be, a collector or holder of public monies, shall have a Seat in either house28 of the general Assembly, until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable. S ECT. 29. The first election for Senators and Representatives shall be general throughout the State, and shall be held on the first monday and tuesday in September next; and thereafter, there shall be an annual election for Senators to fill the places29 of those whose term of service may have expired. S ECT. 30. The first session of the general assembly shall commence on the first monday in October next, and be held at the City of Natchez, and thereafter at such place as may be directed by law; and thereafter the general assembly shall meet on the first30 monday in November in every year, and at no other period, unless directed by law, or provided for by this Constitution.

ARTICLE IV Executive Department S ECT. 1. The supreme executive power of this State shall be vested in a Governor, who shall be elected by the qualified electors, and shall hold his31 office for two years from the time of his installation, and until his successor be duly qualified. S ECT. 2. The returns of every election for Governor, shall be sealed up and transmitted to the seat of government, directed to the Secretary of State, who shall deliver them to the Speaker of the house of representatives, at the next ensuing session of the general Assembly, during the first week of which session, the said Speaker shall open and publish them in32 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 ballot of both houses. Contested elections for governor, shall be determined by both houses of the general Assembly in such manner as shall be prescribed by law. S ECT. 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 be seized in his own right of a freehold estate of six hundred acres of land, or of real estate of the value of two Thousand dollars at the time of his election, and twelve months previous thereto. S ECT. 4. 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. S ECT. 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. S ECT. 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. S ECT. 7. He may on extraordinary occasions convene the General Assembly at the seat of government, or at a different place, if33 that shall have become, since their last adjournment, dangerous from an enemy, or from contagious disorders; and in case of disagreement between the two houses 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 of the general assembly.

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M ISSISSIPPI S ECT. 8. He shall, from time to time, give to the general Assembly, information of the state of the34 government, and recommend to their consideration such measures as he shall deem expedient. S ECT. 9. He shall take care that the laws be faithfully executed. S ECT. 10. In all criminal and penal cases, except in those of Treason and impeachment, he shall have power35 to grant reprieves and pardons, and remit fines and forfeitures under such rules and regulations as shall be prescribed by law. In cases of Treason he shall have power to grant reprieves and pardons by and with the advice and consent of the Senate; but may respite the sentence until the end of the next session of the general Assembly. S ECT. 11. All commissions shall be in the name and by the authority, of the State of Mississippi, be sealed with the State seal and signed by the governor, and attested by the secretary of State. S ECT. 12. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and shall be called the Great Seal of the State of Mississippi.

general Assembly, and shall perform such other duties as may be required of him36 by law. S ECT. 15. Every bill which shall have passed both houses of the general assembly, shall be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it, with his objections to the house in which it shall have originated, who shall enter the objections at large upon the Journals, and proceed to re-consider it; if after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which it shall likewise be37 reconsidered; if approved by two thirds of that house, it shall become a law. But in such cases the votes of both houses shall be determined by yeas and nays and the names of the members voting for 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 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.

S ECT. 13. When a vacancy shall happen in any office, during the recess of the General Assembly, the Governor shall have power to fill the same by granting a commission which shall expire at the end of the next session of the general assembly, except in cases otherwise directed by this constitution.

S ECT. 16. 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 the38 case of a bill.

S ECT. 14. A Secretary of State shall be appointed, who 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

S ECT. 17. The appointment of all officers, not otherwise directed by this constitution, shall be by the joint vote of both houses of the General Assembly; the votes shall be given viva voce and recorded in the public journal of each house; Provided, That the General Assembly be authorized to

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C ONSTITUTION OF M ISSISSIPPI (1817) provide by law for the appointment of all Inspectors, Collectors and their deputies, Surveyors of highways, Constables and such other inferior officers whose jurisdiction may be confined within the limits of the County. S ECT. 18. There shall be also a Lieutenant Governor, who shall be chosen at every election for a Governor, by the same persons, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for Governor and Lieutenant Governor, the electors shall distinguish whom they vote for as Governor, and whom as Lieutenant Governor. S ECT. 19. The Lieutenant Governor shall by virtue of his office be president of the Senate, and have, when in committee of the whole, a right to debate and vote on all questions, and when the senate is equally divided to give the casting vote. S ECT. 20. In case of the39 death, resignation, or40 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 authority appertaining to the office of Governor, until another be chosen at the next periodical election for a Governor, and be duly qualified; or until the Governor impeached or absent shall be acquitted or return. S ECT. 21. Whenever the government shall be administered by the Lieutenant Governor, or he shall be unable to attend as President of the Senate, the senate shall elect one of their own members as41 President pro tempore. And if during the vacancy of the office of Governor, the Lieutenant Governor shall die, resign, refuse to serve or be removed from office, or 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 shall be superseded by a Governor or Lieutenant Governor. The Lieutenant Governor, shall, whilst he acts as President of the Senate, receive for his services the same compensation which shall, for the same period, be allowed to the Speaker of the House of Representatives, and no more; and during the time he administers the Government as Governor, shall receive the same compensation which the Governor would have received, had he been employed in the duties of his office, and no more. S ECT. 22. The President pro tempore of the senate shall, during the time he administers the government receive, in like manner, the same compensation which the Governor would have received had he been employed in the duties of his office, and no more. S ECT. 23. If the Lieutenant Governor shall be required to administer the government, and shall42 , whilst in such administration, die, resign 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. S ECT. 24. A Sheriff and one or more coroners shall be elected in each County by the qualified electors thereof, who shall hold their offices for two years, unless sooner removed. S ECT. 25. A State Treasurer and an Auditor of Public Accounts, shall be annually appointed.

Militia S ECT. 1. The General Assembly shall provide by law, for organizing and disciplining the Militia of this State in such manner

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M ISSISSIPPI as they shall deem expedient, not incompatible with the Constitution and laws of the United States in relation thereto. S ECT. 2. Officers of the Militia shall be elected or appointed in such manner as the Legislature shall, from time to time direct, and shall be commissioned by the Governor. S ECT. 3. Those persons who conscientiously scruple to bear Arms, shall not be compelled to do so, but shall pay an43 equivalent for personal service. S ECT. 4. The Governor shall have power to call forth the Militia to execute the laws of the State, to suppress insurrections and repel invasions.

ARTICLE V Judicial Department S ECT. 1. The Judicial power of this State shall be vested in one Supreme Court, and such superior and inferior Courts of law and equity as the Legislature may from time to time direct and establish. S ECT. 2. There shall be appointed in this State not less than four nor more than eight Judges of the Supreme and Superior Courts, who shall receive for their services a compensation, which shall be fixed by law, and shall not be diminished during their continuance in office: Provided, that the Judge whose decision is under consideration in the supreme Court shall not constitute one of the court to determine the question on such decision, but it shall be the duty of such Judge to report to the Supreme Court the reasons upon which his opinion was founded. S ECT. 3. The State shall be divided into convenient Districts, and each district shall contain not less than three, nor more than

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six Counties. For each district there shall be appointed a Judge, who shall after his appointment, reside in the district for which he is appointed. S ECT. 4. The Superior Court shall have original jurisdiction in all matters, civil and criminal within this State, but in civil cases, only where the matter or sum in controversy exceeds fifty dollars. S ECT. 5. A Superior Court shall be held in each County in the State, at least twice in every44 year. The judges of the several superior courts may hold courts for each other, when they may deem it expedient, or as they may be directed by law. S ECT. 6. The legislature shall have power to establish a court or courts of Chancery with exclusive original equity jurisdiction, and until the establishment of such court or courts the said jurisdiction shall be vested in the superior courts respectively. S ECT. 7. The legislature shall have power to establish in each County within this State a Court of Probate, for the granting of letters testamentary and of administration, for45 orphan’s46 business, for County police and for the trial of Slaves. S ECT. 8. 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 legislature shall47 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, the48 right of appeal shall be secured, under such rules and regulations as shall be prescribed by law. S ECT. 9. The judges of the several courts of this State shall hold their offices during good behaviour. And for wilful neglect of duty, or other reasonable cause, which

C ONSTITUTION OF M ISSISSIPPI (1817) shall not be sufficient ground for an impeachment, the Governor shall remove any of them, on the address of two thirds of each house of the General Assembly: Provided, however, that 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; and provided further, that 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. S ECT. 10. No person who shall have arived at the age of sixty five years, shall be appointed to, or continue in the office of Judge in this State. S ECT. 11. Each court shall appoint its own Clerk, who shall hold his office during good behaviour, but shall be removable therefrom for neglect of duty or misdemeanor in office, by the supreme Court, which court shall determine both the law and the fact: Provided, that the Clerk so appointed shall have been a resident of the County in which he is clerk at least six months previous to his appointment. S ECT. 12. The judges of the Supreme and Superior Courts, shall by virtue of their office49 be conservators of the peace throughout the State. S ECT. 13. The style of all process shall be “The State of Mississippi” and all prosecutions50 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.” S ECT. 14. There shall be an attorney general for the State, and as many district attornies as the general assembly may deem necessary, who shall hold their offices for the term of four years51 , and shall receive for their services a compensation which

shall not be diminished during their continuance in office.

Impeachments S ECT. 1. The House of Representatives shall have the sole power of impeaching. S ECT. 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. S ECT. 3. The Governor, and all civil officers, shall be liable to impeachment for any52 misdemeanor in office; but judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust or profit under the53 State: but the party convicted shall nevertheless be liable and subject to indictment, trial and punishment, according to law, as in other cases.

ARTICLE VI General Provisions54 S ECT. 1. 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 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.” S ECT. 2. The General Assembly shall have power to pass such penal laws to suppress the evil practice of duelling, extending

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M ISSISSIPPI to disqualification from office or the tenure thereof as they may deem expedient. S ECT. 3. Treason against the State shall consist only in levying war against it, or in adhering to its enemies giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or his own confession in open court. S ECT. 4. Every person shall be disqualified from holding an55 office or place of honor or profit under the authority of this State, who shall be convicted of having given or offered any bribe to procure his election. S ECT. 5. Laws shall be made to exclude from office, and from suffrage, those who shall thereafter be convicted of bribery, Perjury, forgery or other high crimes or misdemeanors. The privilege56 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 conduct. S ECT. 6. No person who denies the being of a57 God, or a future State of rewards and punishments, shall hold any office in the civil department of this State. S ECT. 7. Ministers of the Gospel, being by their profession dedicated to God, and the care of souls, ought not to be diverted from the great58 duties of their functions – Therefore, no Minister of the Gospel or priest of any denomination whatever, shall be eligible to the office of Governor, Lieutenant Governor, or to a seat in either branch of the General Assembly. S ECT. 8. 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

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year; and a regular statement and account of the receipts and expenditures of all public money shall be published annually. S ECT. 9. No Bank shall be incorporated by the Legislature without the reservation of a right to subscribe for, in behalf of the State, at least one fourth part of the capital stock thereof, and the appointment of a proportion of the directors, equal to the stock subscribed for. S ECT. 10. The General Assembly shall pass no law impairing the obligation of contracts, prior to the year one thousand eight hundred and twenty one, on account of the rate of interest, fairly agreed on, in writing, between the Contracting parties for a bona fide loan of money; but they shall have power to regulate the rate of Interest where no special contract exists in relation thereto. S ECT. 11. The General Assembly shall direct by law, in what manner, and in what courts, suits may be brought against the State. S ECT. 12. All officers of the State, the term of whose appointment is not otherwise directed by this Constitution shall hold their offices during good behaviour. S ECT. 13. Absence on business of this State, or of the United States,59 or on a visit, or necessary private business, shall not cause a forfeiture of a residence once obtained. S ECT. 14. It shall be the duty of the General Assembly to regulate by law, the cases in which deductions shall be made from the salaries of public officers for neglect of duty in their official capacity, and the amount of such deduction. S ECT. 15. No member of Congress, nor any person holding any office of profit or trust under the United States, or either of them, the office of Post-Master excepted,

C ONSTITUTION OF M ISSISSIPPI (1817) or under any foreign power, shall hold or exercise any office of trust or profit60 under this State. S ECT. 16. Religion, morality and knowledge being necessary to good government, the preservation of liberty, and the happiness of mankind, Schools and the means of education shall forever be encouraged in this State. S ECT. 17. Divorces from the bonds of matrimony shall not be granted, but in cases provided for61 by law, by suit in chancery; provided that no decree for such62 divorce shall have effect until the same shall be sanctioned by two thirds of both branches of the General Assembly. S ECT. 18. Returns of all elections by the people shall be made to the Secretary of State. S ECT. 19. No new County shall be established by the General Assembly, which shall reduce the county or counties, or either of them, from which it may be taken, to a less content than five hundred and seventysix square miles, nor shall any new County be laid off, of less contents. S ECT. 20. That63 the General Assembly shall take measures to preserve from unnecessary waste or damage such lands as are, or may hereafter be granted by the United States, for the use of Schools, within each Township in this State, and apply the funds which may be raised from such lands by rent or lease, in strict conformity to the object of such grant; but no lands, granted for the use of such Township-schools shall ever be sold by any authority in this State.

their owners, unless where a Slave shall have rendered to the State some distinguished service, in which case the owner shall be paid a full equivalent for the Slave64 so emancipated. They shall have no power to prevent emigrants65 to this State, from bringing with them such persons as are deemed Slaves by the laws of any one of the United States, so long as any person of the same age or description shall be continued in Slavery by the laws of this State: Provided, that such person or slave be the bona fide property of such emigrants66 ; and provided, also, that laws may be passed to prohibit the introduction into the State of slaves who have67 committed high crimes in other States. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have full power to prevent Slaves from being brought into this State, as merchandize – and also to oblige the owners of Slaves to treat them with humanity, to provide for68 them necessary clothing and provisions69 , to abstain from all injuries to them extending to life or70 limb; and71 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. S ECT. 2. In the prosecution of Slaves for crimes72 , no inquest by a grand jury shall be73 necessary; but the proceedings in such cases74 shall be regulated by law – except that in capital cases, the General Assembly shall have no power to deprive them of an impartial trial by a petit jury.

Mode of revising the Constitution Slaves S ECT. 1. The General Assembly shall have no power to pass laws for the emancipation of Slaves, without the consent of

S ECT. 1. That whenever two thirds of the General Assembly shall deem it necessary to amend or change this Constitution, they shall recommend to the electors at the next

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M ISSISSIPPI election for members of the General Assembly, to vote for or against a Convention; and if it shall appear that a majority of the Citizens of the State voting for Representatives, have voted for a Convention, the General Assembly shall, at their next Session, call a Convention, to consist of as many members as there may be in the General Assembly, to be chosen by the qualified electors, in the manner, and at the times and places, of choosing members of the General Assembly, which Convention shall meet within three months after the said election, for the purpose of revising, amending, or changing the Constitution.

SCHEDULE S ECT. 1. That no inconvenience may arise from a change of territorial to a permanent State government, it is declared that all rights, actions, prosecutions, claims and contracts, as well of individuals as of bodies corporate, shall continue as if no such change had taken place. S ECT. 2. All fines, penalties, forfeitures and escheats accruing to the Mississippi Territory, within the limits of this State, shall enure to the use of the State. S ECT. 3. The validity of all bonds and recognizances executed to the Governor of the Mississippi Territory shall not be impaired by the change of Government, but may be sued for and recovered in the name of the Governor of the State of Mississippi, and his successors in office; and all criminal or penal actions arising, or now depending within the limits of this State shall be prosecuted to judgment and execution in the name of the said State. All causes of action arising to individuals, and all suits at law, or in equity now depending in the several courts, within the limits of this State,

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and not already barred by law, may be commenced in, or transferred to such court75 as may have jurisdiction thereof. Bonds, recognizances and other papers and writings properly belonging to the Eastern Section of the Mississippi Territory, not comprised within the limits of this State, shall transferred to the offices to which they severally belong. S ECT. 4. All officers civil and military now holding commissions under the authority of the United States, or76 of the Mississippi Territory, within this State, shall continue to hold and exercise their respective offices, under the authority of this State, until they shall be superseded under the authority of this Constitution; and shall receive from the Treasury of this State the same compensation which they heretofore received for their services, in 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 office by the authority of this Constitution. S ECT. 5. All laws and parts of laws now in force in the77 Mississippi Territory, and not repugnant to the provisions of this Constitution, shall continue and remain78 in force as the laws of this State, until they expire by their own limitation, or shall be altered or repealed by the legislature thereof. S ECT. 6. Every free white male person above the age of twenty-one years who shall be a citizen of the United States, and resident in this State at the time of the adoption of this Constitution shall be deemed a qualified elector, at the first election to be held in this State; any thing in the Constitution to the contrary notwithstanding. S ECT. 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

C ONSTITUTION OF M ISSISSIPPI (1817) for a Governor, Lieutenant Governor, Representative to the Congress of the United States, members of the general Assembly, and Sheriffs of the Respective counties, at the respective places of elections, in said Counties, except in the County of Warren, in which county the election shall be held at the Court-house instead of the place provided by law, on the first Monday and the day following in September next; which elections79 shall be conducted in the manner prescribed by the existing election laws of the Mississippi Territory; and the said Governor, Lieutenant 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 be duly qualified. S ECT. 8. Until the first enumeration shall be made, as directed by this Constitution, the County of Warren shall be entitled to one representative, the County of Claiborne to two representatives, the County of Jefferson to two representatives, the County of Adams to four representatives, The County of Franklin to one representative, The County of Wilkinson to three representatives, The County of Amite to three representatives, The County of Pike to two representatives, The County of Lawrence to one representative, The County of Marion to one representative, The County of Hancock to one representative, The County of Green to one representative, The county of Wayne to one representative, The County of Jackson to one representative, The counties of Warren and Claiborne, shall be entitled to one senator, The County of Adams to one Senator, the County of Jefferson to one Senator, the County of Wilkinson to one senator, The County of Amite to one senator, The Counties of Franklin and Pike to one senator, the Counties of Lawrence,

Marion, and Hancock to one senator, the Counties of Green80 Wayne and Jackson to one senator. S ECT. 9. The Governor may appoint and commission an additional Judge, or one of the former Judges of the Superior court, whose commission shall expire so soon as appointments can be made under the Constitution. It shall be the duty of the Judge so appointed, or one of the former Territorial Judges to hold superior courts in the Counties of Jackson, Green81 , Wayne and Hancock, at the time heretofore prescribed by law. Provided, that if either of the former Territorial Judges, in addition to his duty in the Western counties, perform such duty, and no additional Judge be appointed, he shall receive an extra compensation proportioned to the amount of his Salary and term of service rendered. If an additional Judge be appointed, he shall receive the same compensation for his services as the other Judges of the Superior Court82 . S ECT. 10. The Sheriff of Warren83 county shall within ten days after the election make return of the number of votes for Senator in his county84 to the Sheriff of Claiborne county, who shall be the returning officer for the District, The sheriff of Pike county shall within ten days after the election make return of the number of votes for senator in his County to the Sheriff of Franklin county, who shall be the returning officer for the District. The Sheriffs of Hancock and Lawrence counties, shall within ten days after the election, make return of the number of votes for senator in their respective Counties to the Sheriff of Marion County, who shall be the returning officer for the District. The Sheriffs of Jackson and Wayne counties shall within ten days after the election make return of the number of votes for senator in their respective Counties to the Sheriff of Green85 County who shall be the returning officer for the District.

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ORDINANCE Whereas it is required by the act of Congress under which this convention is assembled that certain provisions should be made by an ordinance of this Convention.86 Therefore – This Convention, for, and in behalf of the people inhabiting this State, do ordain, agree and declare, that they forever disclaim all right87 or title to the waste or unappropriated lands lying within the State of Mississippi, and that the same shall be and remain at the sole and entire disposition of the United States, and moreover, that each and every tract of land sold by Congress shall be and remain exempt from any tax laid by the order, or under the authority of this State, whether for State, County, Township, parish, or other purposes whatever, for the term of five years, from and after the respective days of sale thereof,

and that the lands belonging to88 citizens of the United States residing without this State shall never be taxed higher than the lands belonging to persons residing within the same – That no taxes89 shall be imposed on lands the property of the United States, and that the River Mississippi and the navigable rivers and waters leading into the same, or into the Gulf of Mexico, shall be common highways, and forever free, as well to the inhabitants of this State as to other citizens of the United States, without any tax, duty90 , impost91 , 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 the Town of Washington92 , the 15th day of August in the year of our Lord 1817, and in the forty second year of the Independence of the United States of America93 .

DAVID HOLMES, President of the Convention and Delegate from the County of Adams94 Adams County95 Josiah Simpson Ja[mes]. C. Wilkins Joseph Sessions Jo[hn] Taylor John Steele98 Edward Turner Christopher Rankin County of Jefferson100 Cowles Mead H[ezekiah]. J. Balch J[oseph]. E. Davis County of Claiborne102 Walter Leake Tho[ma]s Barnes Dan[ie]l Burnet J[oshua]. G. Clark Warren County H[enry]. D. Downs

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County of Amite96 W[illia]m. Lattimore Henry Hanna Thomas Torrance97 John Burton Tho[mas]. Batchelor Angus Wilkinson County of Pike99 William J. Minton David Dickson James Y. Mc Nabb County of Lawrence101 Harmon103 Runnels George W. King County of Marion104 Dougal M’Laughlin John Ford County of Hancock105 Noel Jourdain106

C ONSTITUTION OF M ISSISSIPPI (1817) A[ndrew]. Glass Franklin County107 Ja[me]s Knox Wilkinson County Geo[rge]. Poindexter Daniel Williams Ab[ra]m. M. Scott John Joor G[erard].110 C. Brandon Joseph Johnson

Amos Burnet Wayne County James Patton Clinch Gray Green108 County. L[aughlin]. M’Kay John Mc Rae109 . Jackson County John Mc Leod Thomas Bilbo

Sect111 LOUIS WINSTON, Secretary of the convention112 . 1 Verified by Constitution and Form of Government For the State of Mississippi, Natchez: Printed by P. Isler, Public Printer, 1817, 41 p., and corrected according to the engrossed manuscript preserved in the Mississippi Department of Archives and History in Jackson, MS. Also checked against Constitution and Form of Government For the State of Mississippi, Natchez: Printed by Andrew Marschalk, 1817, 30 p., Constitution and Form of Government For the State of Mississippi. Printed by Order of the General Assembly, Natchez: Printed by Marschalk and Evens & Co., State Printers, 1821, 32 p., the version as published in The Revised Code of the Laws of Mississippi, in Which Are Comprised All Such Acts of the General Assembly, of a Public Nature, As Were in Force At the End of the Year 1823; With a General Index. Published according to an act of the general assembly, entitled An act, declaring what laws of a public nature shall be incorporated in the revised code, and providing for the publication thereof, passed June 30, 1822, and an act supplemental thereto, passed January 21, 1823, Natchez: Printed by Francis Baker, 1824, 539–558, and Constitution and Form of Government of the State of Mississippi, Port-Gibson: Printed by Benj. F. Stockton, 1831, 36 p., and the version published in The Constitutions of Mississippi As Originally Adopted, University, MI: Bureau of Governmental Research, The University of Mississippi, 1982, 1–22. Spelling, capitalization, and punctuation follow the engrossed manuscript. Obvious typographical errors in print have been tacitly corrected. Italics signify emphasized passages in the manuscript. There is no evidence that the constitution was ratified by the people, and as it was adopted by the Convention on August 15, with elections ordered to take place in early September to fill the offices created by the Constitution, no space of time was evidently designated for any mode of popular ratification. On the basis of this constitution Mississippi was admitted into the Union as the 20th state on December 10, 1817. It was never amended and remained

in effect until superseded by the second constitution of Mississippi of 1832 (q.v.). 2 In Marschalk and Evens print, 3, “to”. 3 In Marschalk print, 1, and in Marschalk and Evens print, 3, “river Mississippi”. 4 In Marschalk and Evens print, 3, word missing. 5 U.S. Statutes at Large, 14th Congress, Sess. II, Ch. 23. 6 In Marschalk and Evens print, 4, “the”. 7 In Marschalk print, 3, and in Marschalk and Evens print, 5, “form”. 8 In Marschalk print, 3, in Marschalk and Evens print, 5, and in Stockton print, 6, “in the”. 9 In Marschalk and Evens print, 6, and in Baker print, 541, “punishment”. 10 In Stockton print, 7, “of the”. 11 In Marschalk print, 5, in Marschalk and Evens print, 7, and in Stockton print, 8, “under”. 12 In Marschalk and Evens print, 7, “case”. 13 In Stockton print, 8, “transgression”. 14 In Marschalk and Evens print, 7, “confined”. 15 In Marschalk print, 6, in Marschalk and Evens print, 8, in Baker print, 543, and in Stockton print, 9, “but no”. 16 In The Constitutions of Mississippi, 5, “the”. 17 In Marschalk and Evens print, 9, “the”. 18 In The Constitutions of Mississippi, 6, “such”. 19 In Marschalk and Evens print, 11, “for”. 20 Ibid., “the”. 21 In Baker print, 545, and in Stockton print, 13, word missing. 22 In Marschalk and Evens print, 12, “power”. 23 In Marschalk print, 11, in Marschalk and Evens print, 13, in Baker print, 545, and in Stockton print, 14, “pending”. 24 In The Constitutions of Mississippi, 8, “the rules”. 25 In Marschalk and Evens print, 13, “the”. 26 Ibid., and in The Constitutions of Mississippi, 8, “the”. 27 In The Constitutions of Mississippi, 8, “shall have”.

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In Marschalk and Evens print, 14, “branch”. In The Constitutions of Mississippi, 9, “place”. 30 Ibid., “next”. 31 Ibid., word missing. 32 Ibid., “in the”. 33 Ibid., 10, “in”. 34 Ibid., word missing. 35 In Marschalk and Evens print, 16, “powers”. 36 In The Constitutions of Mississippi, 11, word missing. 37 Ibid., “be, likewise,”. 38 Ibid., word missing. 39 In Marschalk and Evens print, 18, word missing. 40 In Isler print, 22, in Marschalk print, 16, in Marschalk and Evens print, 18, in Baker print, 549, in Stockton print, 21, and in The Constitutions of Mississippi, 11, word missing. 41 In Marschalk print, 16, and in Marschalk and Evens print, 18, word missing. 42 In The Constitutions of Mississippi, 12, word missing. 43 Ibid., word missing. 44 In Marschalk and Evens print, 20, “each”. 45 In The Constitutions of Mississippi, 14, “or”. 46 In Marschalk and Evens print, 21, in Baker print, 550, and in Stockton print, 24, “orphans”’. 47 In Marschalk print, 19, and in Marschalk and Evens print, 21, “may”. 48 In Isler print, 26, and in The Constitutions of Mississippi, 14, word missing. 49 In The Constitutions of Mississippi, 14, “offices”. 50 Ibid., “prosecution”. 51 In Isler print, 28, “year”. 52 In Marschalk print, 20, and in Marschalk and Evens print, 22, word missing. 53 In The Constitutions of Mississippi, 15, “this”. 54 In Marschalk print, 20, and in Marschalk and Evens print, 22, “Provision”. 55 In Marschalk print, 21, and in Marschalk and Evens print, 23, “any”. 56 In The Constitutions of Mississippi, 15, “privileges”. 57 Ibid., 16, word missing. 58 In Marschalk print, 21, and in Marschalk and Evens print, 23, word missing. 59 In Marschalk print, 22, and in Marschalk and Evens print, 24, “or of the United States,” missing. 60 In The Constitutions of Mississippi, 16, last two words missing. 61 In Marschalk and Evens print, 25, word missing. 62 In The Constitutions of Mississippi, 17, word missing. 63 In Marschalk print, 23, and in Marschalk and Evens print, 25, word missing. 64 In Marschalk and Evens print, 25, and in The Constitutions of Mississippi, 17, “slaves”. 29

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In The Constitutions of Mississippi, 17, “immigrants”. 66 Ibid., “immigrants”. 67 In Marschalk print, 24, in Marschalk and Evens print, 26, in Baker print, 554, in Stockton print, 30, and in The Constitutions of Mississippi, 17, “may have”. 68 In The Constitutions of Mississippi, 18, word missing. 69 Ibid., “provision”. 70 In Marschalk print, 24, in Marschalk and Evens print, 26, in Baker print, 554, and in Stockton print, 30, “and”. 71 In Marschalk print, 24, in Marschalk and Evens print, 26, in Baker print, 554, in Stockton print, 30, and in The Constitutions of Mississippi, 18, “or”. 72 In The Constitutions of Mississippi, 18, “crime”. 73 In Marschalk and Evens print, 26, “is”. 74 Ibid., “case”. 75 In Baker print, 555, and in Stockton print, 32, “courts”. 76 In The Constitutions of Mississippi, 19, word missing. 77 Ibid., word missing. 78 Ibid., last two words missing. 79 In Baker print, 556, in Stockton print, 33, and in The Constitutions of Mississippi, 19, “election”. 80 In The Constitutions of Mississippi, 20, “Greene”. 81 Ibid., “Greene”. 82 In Stockton print, 34, “courts”. 83 In The Constitutions of Mississippi, 20, “Wayne”. 84 In Baker print, 556, and in Stockton print, 35, last three words missing. 85 In The Constitutions of Mississippi, 20, “Greene”. 86 U.S. Statutes at Large, 14th Congress, Sess. II, Ch. 23, sect. 4. 87 In The Constitutions of Mississippi, 21, “rights”. 88 In Baker print, 557, in Stockton print, 36, and in The Constitutions of Mississippi, 21, “to the”. 89 In Marschalk and Evens print, 30, “tax”. 90 In Isler print, 40, in Marschalk print, 29, in Marschalk and Evens print, 31, in Baker print, 557, in Stockton print, 36, and in The Constitutions of Mississippi, 21, “duty, tax”. 91 In The Constitutions of Mississippi, 21, “import”. 92 In Isler print, 40, “Washton”. 93 In Marschalk and Evens print, 31, last two words missing. 94 In Isler print, 40, in Marschalk print, 29, in Marschalk and Evens print, 31, in Baker print, 557, and in Stockton print, 36, “President, [in Marschalk and Evens “Pres’t.”] and Delegate from Adams County [in Baker and in Stockton last word missing]”. 95 In manuscript, last two words missing; in Baker print, 557–558, and in Stockton print, 36, “County” missing throughout and order of signers within county in some cases different. In The Constitutions of Mississippi, 21–22, list of signers, in partly modified order,

C ONSTITUTION OF M ISSISSIPPI (1817) without any indication of county of provenance. 96 In Isler print, 41, in Marschalk print, 30, and in Marschalk and Evens print, 31, “Amite County”. 97 In Isler print, 41, in Marschalk print, 30, in Baker print, 558, in Stockton print, 36, and in The Constitutions of Mississippi, 212, “Torrence”. 98 In Isler print, 40, “Steel”. 99 Ibid., 41, in Marschalk print, 30, and in Marschalk and Evens print, 32, “Pike County”. 100 In Isler print, 40, in Marschalk print, 29, and in Marschalk and Evens print, 31, “Jefferson County”. 101 In Isler print, 41, in Marschalk print, 30, and in Marschalk and Evens print, 32, “Lawrence County”. 102 In Isler print, 40, in Marschalk print, 29, and in Marschalk and Evens print, 31, “Claiborne County”. 103 In Isler print, 41, “Haronn”. 104 Ibid., in Marschalk print, 30, and in Marschalk and Evens print, 32, “Marion County”. 105 In Isler print, 41, in Marschalk print, 30, and in Marschalk and Evens print, 32, “Hancock County”.

106 In

Isler print, 41, in Marschalk print, 30, in Marschalk and Evens print, 32, in Baker print, 558, in Stockton print, 36, and in The Constitutions of Mississippi, 22, “Jourdan”. 107 In Isler print, 41, “From Franklin”. 108 Ibid., in Marschalk print, 30, and in Marschalk and Evens print, 32, “Greene”. 109 In Isler print, 41, in Marschalk print, 30, in Marschalk and Evens print, 32, and in The Constitutions of Mississippi, 22, “M’Rea”; in Baker print, 558, and in Stockton print, 36, “M’Crae”. 110 In The Constitutions of Mississippi, 22, “Jerard”. 111 In Isler print, 41, in Marschalk print, 30, in Marschalk and Evens print, 32, in Baker print, 558, and in Stockton print, 36, word missing. 112 In Isler print, 41, in Marschalk print, 30, in Marschalk and Evens print, 32, in Baker print, 558, and in Stockton print, 36, last three words missing; in Isler print, 41, “Sec’ry”.

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Constitution of Mississippi (1832) Constitution of the State of Mississippi1

ARTICLE I Declaration of Rights T HAT the general, great and essential principles of liberty and free government, may be recognized and established, we declare: S ECT. 1. That all freemen when they form a social compact, are equal in rights; and that no man, or set of men, are entitled to exclusive, separate public emoluments or privileges, from the community, but in consideration of public services. S ECT. 2. That all political power is inherent in the people, and all free governments are founded on their authority and established2 for their benefit; and therefore they have at all times an unalienable and indefeasable right, to alter or abolish their form of government, in such manner, as they may think expedient. S ECT. 3. The exercise and enjoyment of religious profession and worship without discrimination, shall forever be free to all persons in this State: Provided That the right hereby declared and established, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. S ECT. 4. No preference shall ever be given by law to any religious sect, or mode of worship. S ECT. 5. That no person shall be molested for his opinions on any subject what-

ever, 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. S ECT. 6. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty. S ECT. 7. No law shall ever be passed, to curtail or restrain the liberty of speech, or of the press. S ECT. 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 libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted, and the jury shall have the right to determine the law and the facts. S ECT. 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 thing3 , shall issue without discribing 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. S ECT. 10. That in all criminal prosecutions, the accused hath a right to be heard by himself or counsel4 , or both, to demand the nature and cause of the accusation; to be confronted by the witnesses against him;

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M ISSISSIPPI to have compulsory5 process for obtaining witnesses in his favor; and, in all prosecutions by indictment or information, a speedy public6 trial by an impartial jury of the county, where the offence was committed; that he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, but by due course of law. S ECT. 11. No person shall be accused, arrested or detained, except in cases ascertained by law, and according to the form which the same has prescribed; and no person shall be punished, but in virtue of a law established and promulgated, prior to the offence, and legally applied. S ECT. 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 in7 the militia when in actual service, or by leave of the court, for misdemeanor in office.

S ECT. 17. That all prisoners shall, before conviction, be bailable by sufficient securities, except for capital offences, where8 the proof is evident, or the presumption great; and the privilege of the writ of Habeus [sic!] corpus shall not be suspended, unless, when in case of rebellion or invasion, the public safety may require it. S ECT. 18. That the person of a debtor, when9 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. S ECT. 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, nor10 law impairing the obligation of contracts. S ECT. 20. No property qualification for eligibility to office, or for the right of suffrage, shall ever be required by law in this State.

S ECT. 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 public use, without the consent of the Legislature, and without just compensation being first made therefor.

S ECT. 21. That the estates of suicides shall descend or vest as in cases of natural death; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof.

S ECT. 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.

S ECT. 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 purposes11 , by petition, address or remonstrance.

S ECT. 15. That no power of suspending laws shall be exercised, except by the Legislature or its authority.

S ECT. 23. Every citizen has a right to bear arms in defence of himself and, of the State.

S ECT. 16. That excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.

S ECT. 24. No Standing Army shall be kept up without the consent of the Legislature; and the military shall in all cases, and

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C ONSTITUTION OF M ISSISSIPPI (1832) at all times, be in strict subordination to the civil power. S ECT. 25. That no soldier shall in time of peace be quartered in any house, without the consent of the owner, or12 in time of war, but in manner13 to be prescribed by law. S ECT. 26. That no hereditary emoluments, privileges or honors shall ever be granted or conferred in this State. S ECT. 27. Emigration from this State shall not be prohibited, nor shall any free white citizen of this State, ever14 be exiled under any pretence whatever. S ECT. 28. The right of trial by jury shall remain inviolate. S ECT. 29. No person shall be debarred from prosecuting or defending any civil cause, for or against him or herself before any tribunal in this State, by him or herself, or counsel or both. S ECT. 30. No person shall ever be appointed or elected to any office in this State for life or during good behavior, but the tenure of all offices shall be for some limited period of time, if the person appointed or elected thereto, shall so long behave well.

Conclusion To guard against transgressions of the high powers15 herein delegated, WE D E CLARE , 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 provisions16 , shall be void.

ARTICLE II Distribution of Powers S ECT. 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 Judicial17 to another, and those which are Executive18 to another. S ECT. 2. No person or collection of persons being of one of those19 departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.

ARTICLE III Legislative Department S ECT. 1. Every free white male person of the age of twenty one years or upwards, who shall be a citizen of the United States and shall have resided in this State one year next preceding an election, And the last four months within the county city or town in which he 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 not20 so removed, may vote for any State or District officer or Member of congress for whom he could have voted in the county of his residence or the county, city or town, from which he may have so removed. S ECT. 2. Electors shall in all cases, except in those of treason, felony or breach of the peace, be privileged from arrest during

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M ISSISSIPPI their attendance on21 elections, and going to and returning from the same. S ECT. 3. The first election shall be by ballot and all future elections by the people shall be regulated by law. S ECT. 4. The Legislative power of this22 State shall be vested in two distinct branches the one to be styled “The Senate,” the other23 “The House of Representatives.” And both together “The Legislature of the State of Mississippi.” And the style of their laws shall be: “Be it enacted by the Legislature of the State of Mississippi.” S ECT. 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. S ECT. 6. The Representatives shall be chosen every two years on the first Monday and day following in November. S ECT. 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 attained24 the age of twenty one years. S ECT. 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

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thereafter and during the existance of the right of separate Representation in such City or Town elections for the County in which such City or Town, entitled to a separate representation, is situated, shall not be held in such25 city or Town. And Provided That if the residuim or fraction of any city or Town, entitled to separate representation, shall, when added to the residuim 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 residum shall be entitled to such Representation; And Provided also, That when there are two or more Counties adjoining, which have residums over and above the ratio then fixed by law, if said residums when added together, will amount to such ratio, in that case one representative shall be added to that County having the largest residuim. S ECT. 9. The Legislature shall at their first session, and at periods of not less than every four nor more than every six years, until the year 1845. And thereafter at periods of not Less than every four, nor more than every eight years, Cause an enumeration to be made, of all the free white inhabitants of this State, And the26 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 Numbers27 of free white inhabitants in each. And shall not be less than thirty six, nor more than one hundred; Provided however That each County shall always be entitled to at least one Representative. S ECT. 10. The whole number of Senators shall at the several periods of making The enumeration before mentioned be fixed by the Legislature, and apportioned28 among the several districts to be established by law,

C ONSTITUTION OF M ISSISSIPPI (1832) according to the number of free white inhabitants29 in each, and shall never be less than one fourth nor more than one third of the whole number of Representatives. S ECT. 11. The Senators shall be chosen by the qualified electors for four years, and on their being Convened in consequence of the of the [sic!] first Election, They shall be divided by lot from their respective Districts into two Classes as nearly equal as can be. And the Seats of the Senators30 of the first Class shall be vacated at the expiration of the second Year. S ECT. 12. Such mode of classifying new additional Senators shall be observed, as will as nearly as possible, preserve an equality of numbers in each class. S ECT. 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. S ECT. 14. No person shall be a Senator unless he be a Citizen of the United States and shall have been an inhabitant of the31 State four32 years next preceding his Election, And the33 last year thereof, a resident of the District for which he shall be chosen, And have attained the age of thirty years. S ECT. 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 determined in such manner as shall be directed by law. A majority of each house shall constitute a quorum to do business, But a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such

manner and under such penalties as each house may provide. S ECT. 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 powers34 necessary for a branch of the Legislature of a free and independent State. S ECT. 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. S ECT. 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. S ECT. 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. S ECT. 20. Each house may punish by imprisonment during the session any person not a member for disrespectful or disorderly behaviour in its presence, or for obstructing any of its proceedings. Provided such imprisonment shall not, at any one time, exceed forty eight hours. S ECT. 21. The doors of each house shall be open35 , except on such occasions of great emergency as in the opinion of the House may require secrecy. S ECT. 22. Neither house shall without the Consent of the other, adjourn for more

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M ISSISSIPPI than three days nor to any other place than that in which They may be sitting. S ECT. 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 four fifths of the house in which the bill shall be pending may deem it expedient to dispense with this rule; And every bill having passed both houses, shall be signed by the speaker and President of their respective houses. S ECT. 24. All bills for raising revenue, shall originate in the house of representatives: but the senate may amend or reject them as other bills. S ECT. 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. S ECT. 26. No Senator or Representative shall, during the term for36 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 shall37 Have been increased during such term except such offices38 as may be filled by elections39 by the people, and no member of either house of the Legislature,0 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. S ECT. 27. No Judge of any Court of Law or Equity, secretary of State, Attorney Gen-

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eral, Clerk of any Court of Record, Sheriff, or Collector or any person holding a lucrative office under the United States or this State, shall be eligible to the Legislature, provided that offices in the militia to which there is attached no annual salary, and the office of Justice of the peace shall not be deemed lucrative. S ECT. 28. No person who hath heretofore been or hereafter may be, a collector or holder of public monies, 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. S ECT. 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 eighteen hundred and thirty three and thereafter, there shall be bieniel elections for senators to fill the places of those whose term of service may have expired. S ECT. 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 Government shall continue permanently at the Town of Jackson. The first Session shall commence on the third monday in November in the year 1833. And in every two years thereafter at such time as may be prescribed by law. S ECT. 31. The Governor, Secretary of State, Treasurer, Auditor of Public Accounts, and Attorney General shall reside at the seat of Government.

C ONSTITUTION OF M ISSISSIPPI (1832)

ARTICLE IV Judicial Department S ECT. 1. The Judicial power of this40 State shall be vested in one High Court of errors and appeals, and such other courts of law and equity as are hereafter provided for in this constitution. S ECT. 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. S ECT. 3. The office of one of said Judges shall be vacated in two years, and of one in four years, and of one in six years, so that at the expiration of every two years, one of said Judges shall be elected as aforesaid. S ECT. 4. The high court of errors and appeals shall have no jurisdiction but such as properly belongs to a court of errors and appeals. S ECT. 5. All vacancies that may occur in said court41 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. S ECT. 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. S ECT. 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.

S ECT. 8. The Secretary of State, on receiving all the official returns of the first election shall proceed forthwith in the presence and with the assistance of two justices of the peace to determine by lot among the three candidates having the highest number of votes, which of 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. S ECT. 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 Judge and of42 the parties; and whenever a quorum of said Court are situated as aforesaid the Governor of the state shall in such case specially commission two or more men of law knowledge for the determination thereof. S ECT. 10. The Judges of said court shall receive for their services a compensation to be fixed by law, which shall not be diminished during their continuance in office. S ECT. 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. S ECT. 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. S ECT. 13. The State shall be divided into convenient districts and each district shall contain not less than three, nor more than twelve Counties. S ECT. 14. The circuit court shall have original jurisdiction in all matters, civil and

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M ISSISSIPPI criminal within this State, but in civil cases, only when the principal of the sum in controversy exceeds fifty dollars. S ECT. 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 circuits with each other, in such manner as may be prescribed by law, and shall receive for their services a compensation to be fixed by law, which shall not be diminished during their continuance in office. S ECT. 16. A separate superior Court of Chancery shall be established with full jurisdiction in all matters of equity. Provided however, the Legislature may give to the Circuit Courts of each County, equity jurisdiction in all cases where the value of the thing or amount in controversy does not exceed five hundred dollars, also in all cases of divorce and for the foreclosure of mortgages; The Chancellor shall be elected by the qualified electors of the whole State for the term of six years, and shall be at least thirty years old at the time of his election. S ECT. 17. The style of all process shall be “the State of Mississippi” and all prosecutions shall be carried on in the name and by the authority of the State of Mississippi, and shall conclude against the peace and dignity of the same. S ECT. 18. A court of Probate43 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, in cases of idiocy and lunacy, and of persons non compos mentis: the Judge of said Court shall be elected by the qualified electors of the respective Counties for the term of two years. S ECT. 19. The Clerk of the high Court of errors and appeals shall be appointed by44 said Court for the term of four years and

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the Clerks of the Circuit, Probate and other inferior Courts shall be elected by the qualified electors of the respective Counties and shall hold their offices for the term of two years. S ECT. 20. The qualified electors of each County shall elect five persons for the term of two years who shall constitute a board of Police for each County, a majority of whom may transact business which body shall have full jurisdiction over roads highways ferries and bridges and all other matters of County police and shall order all County elections to fill vacancies that may occur in the offices of their respective Counties. The Clerk of the Court of Probate shall be the Clerk of the board of County police. S ECT. 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 their45 organization, and all vacancies that may occur in said board shall be supplied by election as aforesaid to fill the unexpired term. S ECT. 22. The Judges of all the Courts of this46 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. S ECT. 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 in47 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.

C ONSTITUTION OF M ISSISSIPPI (1832) S ECT. 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. S ECT. 25. There shall be an attorney general elected by the qualified electors of the State; and a competent number of district attorneys shall be elected by the qualified voters of their respective districts, whose compensation and term of service, shall be prescribed by law. S ECT. 26. The legislature shall provide by law for determining contested elections of Judges of the48 high Court of errors and appeals, of the Circuit, and Probate Courts, and other officers. S ECT. 27. The Judges of the several Courts of this State for wilful neglect of duty or other reasonable cause49 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 Journals50 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.51 The vote on such address shall be taken by yeas and nays and entered on the journals52 of each house. S ECT. 28. Judges of Probate, Clerks, Sheriffs, and other County officers, for wilful neglect of duty, or misdemeanor in office, shall be liable to presentment or indictment by a grand jury and trial by a petit jury, and, upon conviction, shall be removed from office.

ARTICLE V Executive Department S ECT. 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. S ECT. 2. The governor shall be Elected by the qualified electors of the state, the returns of every election for governor shall be sealed up and transmitted to the seat of government directed to the Secretary of State who shall deliver them to the Speaker of the House of representatives at the next ensuing session of the legislature, during the first week of which session, the said 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. S ECT. 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. S ECT. 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. S ECT. 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.

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M ISSISSIPPI S ECT. 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. S ECT. 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 in case of53 disagreement between the two houses with respect to the time of adjournment, adjourn them to such time, as he shall think proper, not beyond the day of the next stated meeting of the legislature. S ECT. 8. He shall from time to time give to the legislature information of the state of the54 government, and recommend to their consideration such measures as he may deem necessary and expedient. S ECT. 9. He shall take care that the laws be faithfully executed. S ECT. 10. In all criminal and penal cases, except in55 those of treason and impeachment, he shall have power to grant reprieves and pardons and remit fines and in cases of forfeiture, to stay the collection until the end of the next session of the legislature, and to remit forfeitures by and with the advice and56 consent of the Senate. In cases of treason he shall have power to grant reprieves by and with the advice and57 consent of the Senate,58 but may respite the sentence until the end of the next session of the legislature. S ECT. 11. All commissions shall be in the name and by the authority of the state of Mississippi, be sealed with the great seal, and signed by the governor, and be attested by the Secretary of State. S ECT. 12. There shall be a seal of this State which shall be kept by the governor and used by him officially and shall be

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called the great seal of the State of Mississippi. S ECT. 13. All vacancies not provided for in this constitution shall be filled in such manner as the legislature may prescribe. S ECT. 14. The Secretary of State shall be elected by the qualified59 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. S ECT. 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 objections60 to the house in which it shall have originated, which shall enter the objections at large upon their journals, and proceed to reconsider61 it. If after such reconsideration62 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 votes63 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 same64 shall become a law in like manner as if he had signed it, unless the legislature by their adjournment prevent its return in which case it shall not become a law. S ECT. 16. Every order, resolution or vote, to which the concurrence of both

C ONSTITUTION OF M ISSISSIPPI (1832) houses may be necessary, except resolutions for the purpose of obtaining the joint action of both houses, and on questions of adjournment, shall be presented to the governor, and before it shall take effect, be approved by him, or being disapproved, shall be repassed by both houses, according to the rules and limitations prescribed in the case of a bill. S ECT. 17. Whenever the office of governor shall become vacant by death, resignation, removal from office, or otherwise, the President of the Senate shall exercise the office of governor until another governor shall be duly qualified, and in case of the death, resignation, removal from office or other disqualification65 of the President of the Senate, so exercising the66 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. S ECT. 18. When either the President or speaker of the house of representatives shall so exercise said office, he shall receive the Compensation of67 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. S ECT. 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. S ECT. 20. A State Treasurer and Auditor of public accounts, shall be elected by the qualified electors of the State who shall hold their offices for the term of two years, unless sooner removed.

Militia S ECT. 1. The legislature shall provide by law for organizing and disciplining the militia of this State, in such manner as they shall68 deem expedient not incompatible with the constitution and laws of the United States in relation thereto. S ECT. 2. Commissioned officers of the militia (Staff officers and the officers of volunteer69 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. S ECT. 3. The governor shall have power to call forth the militia to execute the laws of the State to suppress insurrection and repel70 invasion.

ARTICLE VI Impeachments S ECT. 1. The House of Representatives shall have the sole power of impeaching. S ECT. 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.

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M ISSISSIPPI S ECT. 3. The Governor and all civil officers, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under the State: but the party convicted shall nevertheless, be liable and subject to indictment, trial and punishment, according to law as in other cases.

ARTICLE VII General Provisions S ECT. 1. Members of the Legislature and all officers, executive and judicial, before they enter upon the duties of their respective offices shall take the following oath or affirmation to wit: “I 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 law71 ; So help me God.” S ECT. 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 on72 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 chalenge [sic!] to fight a duel73 or by fighting a duel since the first day of January in the year of our Lord 1833 nor will I be so engaged during my continuance in office, so help me God.” S ECT. 3. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two

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witnesses to the same overt act, or his own confession in open court. S ECT. 4. Every person shall be disqualified from holding an office or place of honor or profit under the authority of this State who shall be convicted of having given or offered any bribe, to procure his election. Laws shall be made to exclude from office and from suffrage those who shall thereafter be convicted of bribery perjury forgery or other high crimes or misdemeanors. The privalege [sic!] of free suffrage shall be supported by laws regulating Elections and prohibiting, under adequate penalties all undue influence therein from power bribery, tumult or other improper conduct. S ECT. 5. No person who denies the being of a God, or a future state of rewards and punishments, shall hold any office in the civil department of this State. S ECT. 6. No law74 of a general nature unless otherwise provided for, shall be enforced until sixty days after the passage thereof. S ECT. 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 an75 army, be made for a longer term than one year. S ECT. 8. No money from the treasury shall be appropriated to objects of internal improvement, unless a76 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 monies, shall be published annually. S ECT. 9. No Law shall ever be passed to raise a loan of money upon the credit of the State, or to pledge the faith of the State for the payment or redemption of any loan or debt unless such law be proposed in the

C ONSTITUTION OF M ISSISSIPPI (1832) 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 refered to the next succeeding legislature and published for three months previous to the next regular election, in three newspapers of this State and unless a majority of each branch of the legislature so elected after such publication, shall agree to and pass77 such78 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. S ECT. 10. The legislature shall direct by law in what manner, and in what Courts suits may be brought against the state. S ECT. 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. S ECT. 12. It shall be the duty of the legislature to regulate by law the cases in which deductions shall be made from salaries of Public officers for neglect of duty in their official capacity, and the amount of such deduction. S ECT. 13. No member of Congress nor any person holding any office of profit, or trust under the United States, (the office of Post master excepted), or any other state of the Union or under any foreign power, shall hold or exercise any office of trust or profit under this state. S ECT. 14. Religion, morality, and knowledge being necessary to good government,

the preservation of liberty and the happiness of mankind, schools, and the means of Education shall forever be encouraged in this State. S ECT. 15. Divorces from the bonds of matrimony, shall not be granted but in cases provided for by law, by suit in chancery. S ECT. 16. Returns of all elections by the people shall be made to the secretary of state, in such manner79 as may be prescribed by law. S ECT. 17. No new County shall be established by the legislature which shall reduce the County or Counties or either of them from which it may be taken to less contents than five Hundred and seventy80 six square miles, nor shall any new county be laid off, of less Contents. S ECT. 18. The legislature shall have power to admit to all the rights and privileges of free white Citizens of this State all such persons of the Choctaw and Chickasaw tribes of indians as shall choose to remain in this state, upon such terms as the legislature may from time to time deem proper.

Slaves S ECT. 1. The legislature shall have no power to pass laws for the emancipation of slaves without the consent of their81 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 slave82 so emancipated. They shall have no power to prevent emigrants to this State from bringing with them such persons as are deemed slaves by the laws of any one of the United States, so long as any person of the same age or description shall be continued in slavery by the laws of this State, Provided that such person or

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M ISSISSIPPI slave be the bona fide property of such emigrant83 And provided, also, That laws may be passed to prohibit the introduction into this state of slaves who may have committed high crimes84 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 direction85 of such laws, to have such slave or slaves sold for the benefit of the owner or owners.

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 inserted by the next succeeding legislature, as a part of this Constitution, and not otherwise.

S ECT. 2. The introduction of slaves into this State as merchandize or for sale, shall be prohibited from and after the first day of May, eighteen hundred and thirty three. Provided that the actual settler or settlers shall not be prohibited from purchasing slaves in any State, in this Union, and bringing them into this State for their own individual use, until the year eighteen hundred and forty five.

S ECT. 2. All suits at law or in equity, now pending in the several Courts of this State, may be transferred to such Courts88 as may have proper jurisdiction thereof.

S ECT. 3. In the prosecution86 of slaves for crimes of which the punishment is not capital, no inquest by a grand jury shall be necessary; but the proceedings in such cases shall be regulated by law.

Mode of Revising the Constitution Whenever two thirds of each branch of the Legislature shall deem any change, alteration or amendment necessary to this Constitution, such proposed change, alteration or amendment shall be read and passed by a majority of two thirds of each house respectively on each day, for three several days; public notice thereof shall then87 be given by the Secretary of State at least six

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SCHEDULE S ECT. 1. All rights vested, and all liabilities incurred, shall remain the same as if this Constitution had not been adopted.

S ECT. 3. The Governor and all officers, civil and military, now holding commissions under the authority of this State, shall continue to hold and exercise their respective Offices, untill they shall be superseded, pursuant to the provisions of this Constitution, and until their successors be duly qualified. S ECT. 4. All laws now in force in this State, not repugnant to this Constitution, shall continue to operate until they shall expire by their own limitation, or be altered or repealed by the Legislature. S ECT. 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 Counties, which elections shall be conducted in the manner

C ONSTITUTION OF M ISSISSIPPI (1832) 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 day89 following Eighteen Hundred and thirty three, for all State and county officers under this Constitution (Members of the legislature excepted) and the90 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. S ECT. 6. Until the first enumeration shall be made as directed by this Constitution, the apportionment of Senators and representatives among the several districts, and Counties in this State shall remain as at present fixed by law.91 P. RUTILIUS R. PRAY President of the Convention, and Representative from the County of Hancock Attest JOHN H. MALLORY Secretary

1

Verified by The Constitution of the State of Mississippi. As Revised in Convention, on the Twenty-Sixth Day of October, A.D. 1832, Jackson: Printed by Peter Isler, 1832, 27 p., and corrected according to the original manuscript as preserved in the Mississippi Department of Archives and History in Jackson, MS. Also checked against The Constitution of the State of Mississippi, as Revised in Convention, on the TwentySixth Day of October, A.D. 1832, Washington: Printed by Andrew Marschalk, 1832, 26 p., The Constitution of the State of Mississippi, as Revised in Convention, on the Twenty-Sixth Day of October, A.D. 1832, Philadelphia: Printed by John C. Clark, 1833, 24 p., and the versions as published in the Laws of the State of Mississippi: Passed at an Adjourned Session of the Legislature, Held in the City of Jackson, From January 7, to February 16, A.D. 1839, Jackson: B. D. Howard, State

Printer, 1839, 431–458, and in Code of Mississippi: Being an Analytical Compilation of the Public and General Statutes of the Territory and State, with Tabular References to the Local and Private Acts, From 1798 to 1848: With the National and State Constitutions, Cessions of the Country by the Choctaw and Cickasaw Indians, and Acts of Congress for the Survey and Sale of the Lands, and Granting Donations Thereof to the State, by A. Hutchinson, Jackson, Miss.: Published for the Compiler, by Price and Fall, State Printers, 1848, 39–52, and the version published in The Constitutions of Mississippi As Originally Adopted, University, MI: Bureau of Governmental Research, The University of Mississippi, 1982, 23–42. While the wording of the Isler print is nearly flawless, spelling, capitalization, and punctuation follow the handwritten original, even when inconsistent or apparently erroneous. Italics are used to signify emphasized passages in the manuscript and for non-English legal terms. As with its predecessor of 1817, there is no evidence that the constitution was ratified by the people. It was adopted by the Convention on October 26, and the new legislature was elected in early December to resume work in January 1833, leaving no time for a ratification by the people (cf. Westley F. Busbee, Jr., Mississippi: A History, Wheeling, IL: Harlan Davidson, 2005, 88). Six amendments were added to the constitution (q.v.) while seven others failed (q.v.). The Constitution of 1832 was amended by ordinance in 1861, but it remained in effect until superseded by the third constitution of Mississippi in 1868. 2 In Washington print, 3, “instituted”. 3 In Washington print, 4, and in The Constitutions of Mississippi, 24, “things”. 4 In Session Law print, 432, “council”. 5 Ibid., in Code of Mississippi, 39, and in The Constitutions of Mississippi, 24, “a compulsory”. 6 In Session Law print, 432, in Code of Mississippi, 39, and in The Constitutions of Mississippi, 24, “and public”. 7 In Code of Mississippi, 40, word missing. 8 In Washington print, 5, “when”. 9 Ibid., “where”. 10 Ibid., and in The Constitutions of Mississippi, 25, “or”. 11 In Washington print, 6, “purpose”. 12 Ibid., “nor”. 13 Ibid., and in The Constitutions of Mississippi, 25, “in a manner”. 14 In Washington print, 6, and in The Constitutions of Mississippi, 25, word missing. 15 In Washington print, 6, “power”. 16 Ibid., “provision”. 17 Ibid., 7, “executive”. 18 Ibid., “judicial”. 19 In Isler print, 7, in Philadelphia print, 6, in Session Law print, 435, in Code of Mississippi, 41, and in The

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M ISSISSIPPI Constitutions of Mississippi, 26, “these”. 20 In Washington print, 7, “had he not have”. 21 Ibid., “at”. 22 In Code of Mississippi, 41, “the”. 23 In Washington print, 7, “and the other”. 24 Ibid., 8, “attained to”. 25 Ibid., and in The Constitutions of Mississippi, 27, “such a”. 26 In The Constitutions of Mississippi, 28, word missing. 27 In Isler print, 9, in Washington print, 9, in Philadelphia print, 8, in Session Law print, 438, in Code of Mississippi, 42, and in The Constitutions of Mississippi, 28, “number”. 28 In Washington print, 9, “proportioned”. 29 Ibid., and in The Constitutions of Mississippi, 28, “free white taxable inhabitants”. 30 In Washington print, 9, “seat of the Senator”. 31 In Isler print, 10, in Philadelphia print, 9, in Session Law print, 439, in Code of Mississippi, 42, and in The Constitutions of Mississippi, 28, “this”. 32 In Code of Mississippi, 42, “for four”. 33 In The Constitutions of Mississippi, 28, word missing. 34 In Washington print, 10, and in The Constitutions of Mississippi, 29, “power”. 35 In Code of Mississippi, 43, “opened”. 36 In Washington print, 11, “of”. 37 Ibid., word missing. 38 In The Constitutions of Mississippi, 29, “office”. 39 Ibid., “election”. 40 In Washington print, 12, “the”. 41 In Code of Mississippi, 44, “courts”. 42 In Philadelphia print, 12, word missing. 43 In Isler print, 15, in Washington print, 15, in Philadelphia print, 13, in Session Law print, 444, in Code of Mississippi, 45, and in The Constitutions of Mississippi, 32, “Probates”. 44 In Session Law print, 445, “by the”. 45 In Code of Mississippi, 46, word missing. 46 In The Constitutions of Mississippi, 33, “the”. 47 Ibid., “of”. 48 Ibid., word missing. 49 In Code of Mississippi, 46, “causes”. 50 Ibid., “journal”. 51 In Washington print, 16, sentence missing. 52 In Code of Mississippi, 46, “journal”. 53 In The Constitutions of Mississippi, 34, “of a”. 54 Ibid., word missing. 55 Ibid., 35, word missing.

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56

Ibid., last two words missing. Ibid., last two words missing. 58 In Washington print, 18, preceding part of sentence missing. 59 Ibid., word missing. 60 In The Constitutions of Mississippi, 35, “objection”. 61 In Code of Mississippi, 47, “consider”. 62 In Washington print, 19, and in The Constitutions of Mississippi, 35, “consideration”. 63 In Code of Mississippi, 48, “vote”. 64 In Washington print, 19, “shall have been presented to him, the same” missing. 65 Ibid., “qualification”. 66 In The Constitutions of Mississippi, 36, “to”. 67 Ibid., “of the”. 68 In Code of Mississippi, 48, word missing. 69 Ibid., “voluntary”. 70 In Session Law print, 451, and in The Constitutions of Mississippi, 36, “to repel”. 71 In Philadelphia print, 19, “accord- in law”. 72 In The Constitutions of Mississippi, 37, “upon”. 73 In Washington print, 21, preceding part of sentence missing. 74 In Code of Mississippi, 49, “laws”. 75 Ibid., “any”. 76 In The Constitutions of Mississippi, 38, “the”. 77 In Washington print, 22, “shall agree to pass”. 78 In The Constitutions of Mississippi, 38, “such a”. 79 In Session Law print, 454, and in Code of Mississippi, 50, “a manner”. 80 In The Constitutions of Mississippi, 39, “sixty”. 81 Ibid., “the”. 82 In Washington print, 24, “slaves”. 83 In Isler print, 25, in Philadelphia print, 22, in Washington print, 24, in Session Law print, 455, in Code of Mississippi, 50, and in The Constitutions of Mississippi, 39, “emigrants”. 84 In The Constitutions of Mississippi, 39, “crime”. 85 In Isler print, 25, in Philadelphia print, 22, in Washington print, 24, in Session Law print, 456, and in The Constitutions of Mississippi, 40, “directions”. 86 In Washington print, 24, “persecution”. 87 Ibid., 25, word missing. 88 In Isler print, 26, in Philadelphia print, 23, in Session Law print, 457, and in Code of Mississippi, 51, “Court”. 89 In The Constitutions of Mississippi, 41, “and the”. 90 Ibid., “the other”. 91 In Code of Mississippi, 52, rest missing. 57

Failed Amendment of 1833

An Act to alter and amend the second section of the seventh article of the Constitution, under the head or title “slaves”1

S ECT. 1. Be it enacted by the Legislature of the State of Mississippi, (Two thirds of each branch of the Legislature concurring.) That the second section of the seventh article of the Constitution of this State, under the title or head “slaves,” be so altered, changed and amended, as to read as follows, to wit: “S ECT. 2. The Legislature of this State shall have, and are hereby vested with power to pass from time to time such laws regulating or prohibiting the introduction of

slaves into this State, as may be deemed proper and expedient.”

1

Verified by Laws of the State of Mississippi, Passed At the Sixteenth Session of the General Assembly, Held in the Town of Jackson. Published by Authority, Jackson: Peter Isler, State Printer, 1833, 212–213, ch. 88. Spelling, capitalization, and punctuation as in the Session Law volume, with paragraphing as in other amendments. The proposed amendment was approved on March 2, 1833, but not ratified by the people. It was reintroduced in 1844 with minor modifications and declared adopted in 1846 (q.v.).

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Failed Amendment of 1839

An Act proposing an Amendment to the Constitution of the State of Mississippi1

S ECT. 1. Be it enacted, by the Legislature of the State of Mississippi, (two-thirds of each branch concurring,) That the sixteenth section of the fourth article of the constitution of the state of Mississippi be so changed, altered, and amended, as to read as follows: “Section 16th. A separate superior court of chancery shall be established, with full jurisdiction in all matters of equity: Provided, however, the legislature may also give to the circuit courts of each county equity ju-

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risdiction. A chancellor shall be elected by the qualified electors of the whole state, and shall be at least thirty years old at the time of his election.” 1

Verified by Laws of the State of Mississippi: Passed at an Adjourned Session of the Legislature, Held in the City of Jackson, From January 7, to February 16, A.D. 1839, Jackson: B. D. Howard, State Printer, 1839, 97, ch. 60. Spelling, capitalization, and punctuation as in the Session Law volume. The amendment was approved by the Legislature on February 16, 1839, but not ratified by the people in the November election.

Failed Amendment of 1844

Resolution to amend the Constitution of the State of Mississippi1

Resolved, by the Legislature of the State of Mississippi, That the following article be added to the Constitution, as an amendment thereto: Elections, article 8th: S ECT. 1. The Legislature, at the regular session thereof, in the year one thousand eight hundred and forty-six, shall pass a law fixing the time of holding elections of Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, members of the Legislature, and Representatives in

Congress; which law shall provide that said elections shall not be held at the time when other public officers are elected.

1

Verified by Laws of the State of Mississippi, Passed At a Regular Biennial Session of the Legislature, Held in the City of Jackson in January and February, A.D. 1844, Jackson: C. M. Price & S. Rohrer, State Printers, 1844, 367, ch. 191. Spelling, capitalization, and punctuation as in the Session Law volume. The amendment was approved on February 23, 1844, but not ratified by the people.

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Amendment of 1846 An Act to amend the Constitution of the State of Mississippi1

S ECT. 1. Be it enacted by the Legislature of the State of Mississippi, (two-thirds of each branch thereof concurring.) That the second section of the seventh article of the Constitution of the State, under the title or head “Slaves,” be so altered and changed as to read as follows, to wit: – S ECT. 2. “The Legislature shall have, and are hereby vested with power to pass such laws regulating or prohibiting the introduction of slaves into this State, as may be deemed proper and expedient.”

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1 Verified by Laws of the State of Mississippi, Passed At a Regular Biennial Session of the Legislature, Held in the City of Jackson in January and February, A.D. 1844, Jackson: C. M. Price & S. Rohrer, State Printers, 1844, 133, ch. 20. Spelling, capitalization, and punctuation as in the Session Law volume, with paragraphing as in other amendments. The amendment was approved on February 24, 1844, ratified by the people, and by resolution of February 2, 1846, declared part of the Constitution (Laws of the State of Mississippi, Passed At a Regular Biennial Session of the Legislature, Held in the City of Jackson in January, February and March, A.D. 1846, Jackson: C. M. Price & G. R. Fall, State Printers, 1846, 540–541, ch. 288). A similar amendment had failed in 1833 (q.v.).

Failed Amendment of 1846

An Act to amend the Constitution of the State of Mississippi1

S ECT. 1. Be it enacted by the Legislature of the State of Mississippi, Two-thirds of each branch concurring, That the seventh article of the Constitution of this State, under the title or head “General Provisions,” be so altered and changed by the addition thereto of the following sections, viz: S ECT. 19. No bank charter shall hereafter be granted by the Legislature of this State, nor shall any bank charter heretofore granted in this State, be renewed, extended,

or altered, except for purposes of liquidation.

1

Verified by Laws of the State of Mississippi, Passed at a Regular Biennial Session of the Legislature, Held in the City of Jackson In January, February and March, A.D. 1846, Jackson: C. M. Price & G. R. Fall, State Printers, 1846, 203–204, ch. 38. Spelling, capitalization, and punctuation as in the Session Law volume. The amendment was approved on March 3, 1846, but not ratified by the people in the election in November 1847.

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First Failed Amendment of 1850

An Act proposing an amendment to the Constitution of the State of Mississippi1

S ECT. 1. Be it enacted by the Legislature of the State of Mississippi, (two-thirds of each branch concurring,) That the sixteenth section of the fourth article of the constitution of the State of Mississippi, be stricken out and abrogated, and in lieu thereof, the following article shall be inserted: “S ECT. 16. In proceedings in said Circuit Courts, there shall be no distinction between legal and equitable remedies, and an uni-

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form course of procedure, shall, in all cases, be established.”

1

Verified by Laws of the State of Mississippi, Passed At a Regular Session of the Mississippi Legislature, Held in the City of Jackson January, February, and March, 1850, Jackson: Fall & Marshall, State Printers, 1850, 106–107, ch. 38. Spelling, capitalization, and punctuation as in the Session Law volume. The amendment was approved on March 9, 1850, but not ratified by the people. Emendation of art. IV, sect. 16 succeeded in 1856 (q.v.).

Second Failed Amendment of 1850

A Resolution to amend the Constitution of the State of Mississippi1

Be it resolved by the Legislature of the State of Mississippi, That the following article be added to the Constitution as an amendment thereto:

Members of the Legislature, and Representatives in Congress, which law shall provide that said election shall not be held at the time when other public officers are elected.

ELECTIONS – ARTICLE VIII 1

S ECT. 1. The Legislature, at a regular session thereof, in the year one thousand eight hundred and fifty-two, shall pass a law fixing the time of holding the election for Governor, Secretary of State, Auditor of Public accounts, State Treasurer, Attorney General,

Verified by Laws of the State of Mississippi, Passed At a Regular Session of the Mississippi Legislature, Held in the City of Jackson January, February, and March, 1850, Jackson: Fall & Marshall, State Printers, 1850, 514–515, ch. 342. Spelling, capitalization, and punctuation as in the Session Law volume. The amendment was approved on March 9, 1850, but not ratified by the people.

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Amendment of 1852 An Act to amend the Constitution of the State of Mississippi1

S ECT. 1. Be it enacted by the Legislature of the State of Mississippi, That the twentieth section of the fourth article of the Constitution of the State of Mississippi be so altered and changed as to read as follows, to-wit: S ECT. 20. The qualified electors of each county shall elect five persons, by districts, for the term of two years, who shall constitute a Board of Police for each county, a majority of whom may transact business; which body shall have full jurisdiction over roads, highways, ferries, and bridges, and all other matters of county Police, and shall order all county elections to fill vacancies that may occur in the offices of their re-

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spective counties. The Clerk of the Court of Probate shall be the Clerk of the Board of county Police.

1 Verified by Laws of the State of Mississippi, Passed At a Regular Session of the Mississippi Legislature, Held in the City of Jackson, January, February, and March, 1852, Jackson: Palmer & Pickett, State Printers, 1852, 285, ch. 161. Spelling, capitalization, and punctuation as in the Session Law volume. The amendment was approved on March 9, 1850 (Laws of the State of Mississippi, Passed At a Regular Session of the Mississippi Legislature, Held in the City of Jackson January, February, and March, 1850, Jackson: Fall & Marshall, State Printers, 1850, 56–57, ch. 3), ratified by the people, and enacted by the Legislature on March 12, 1852 as part of the Constitution.

First Amendment of 1856 An Act to insert in the Constitution an amendment thereto, adopted by the people in relation to the tenure of Public Officers1

S ECT. 1. Be it enacted by the Legislature of the State of Mississippi, That the following words be, and they are hereby inserted in the constitution, and form a part thereof, to-wit: That the Constitution of the State of Mississippi be amended by adding thereto the following article, to-wit: All public officers in this State, Legislative, Executive and Judicial, whose terms of office expire at the general election to be held in the year one thousand eight hundred and fifty-seven, or at any subsequent general election, shall continue to hold their offices until the first Monday of January next following the expiration of said terms, and until their successors shall be qualified. Provided, Such of said officers as are required to give bond for the discharge of their duties, shall give bond and security for said extended term as may be provided by the legislature; and the terms of office of all officers chosen at the general election in

the year eighteen hundred and fifty-seven, or at any subsequent general election, shall commence on the first Monday of January next succeeding the election, and shall continue for the time now fixed by the constitution and until their successors shall be qualified.

1 Verified by Laws of the State of Mississippi, Passed At a Regular Session of the Mississippi Legislature, Held in the City of Jackson, January, February and March, 1856, Jackson: E. Barksdale, State Printer, 1856, 24–25, ch. 1. Spelling, capitalization, and punctuation as in the Session Law volume. The amendment was approved on March 2, 1854 (Laws of the State of Mississippi, Passed At a Regular Session of the Mississippi Legislature, Held in the City of Jackson, From 2nd of January to 2nd of March, 1854, Jackson: Barksdale & Jones, State Printers, 1854, 581–582, ch. 379), ratified by the people, and enacted by the Legislature on February 6, 1856 as part of the constitution. Part of the amendment was altered by a further one in 1857 (q.v.).

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Second Amendment of 1856 An Act to insert in the Constitution an amendment thereto, adopted by the people, in relation to Chancery Courts1

S ECT. 1. Be it enacted by the Legislature of the State of Mississippi, That the following words be and they are hereby inserted in the constitution and form a part thereof, towit: That the sixteenth section of the fourth article of the Constitution of the State of Mississippi be stricken out and abrogated, and in lieu thereof the following section be adopted and inserted, viz: S ECT. 16. Chancery Courts with full jurisdiction in matters of equity shall be had in each judicial district by the circuit judge thereof, at such time and places as may be directed by law. The Superior Court of Chancery, and the several Vice Chancery Courts shall continue as now organized until the first Monday of November, one thousand eight hundred and fifty-seven, for the disposition of causes now depending therein. The legislature shall provide by law

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for the preservation of the records of the said superior court of chancery and of said vice chancery courts, and also for the transfer of all causes that may remain undetermined therein to other courts for final decision.

1 Verified by Laws of the State of Mississippi, Passed At a Regular Session of the Mississippi Legislature, Held in the City of Jackson, January, February and March, 1856, Jackson: E. Barksdale, State Printer, 1856, 25–26, ch. 2. Spelling, capitalization, and punctuation as in the Session Law volume. The amendment was approved on March 2, 1854 (Laws of the State of Mississippi, Passed At a Regular Session of the Mississippi Legislature, Held in the City of Jackson, From 2nd of January to 2nd of March, 1854, Jackson: Barksdale & Jones, State Printers, 1854, 173–174, ch. 87), ratified by the people, and enacted by the Legislature on February 6, 1856 as part of the constitution. An effort in 1850 to amend art. IV, sect. 16 had failed (q.v.).

Third Amendment of 1856 An Act to insert in the Constitution of this State an amendment thereto, adopted by the people in relation to elections1

S ECT. 1. Be it enacted by the Legislature of the State of Mississippi, That the following words be, and they are hereby inserted in the Constitution of the State of Mississippi, and shall form a part thereof, to-wit: That the following section to be numbered seven, to be added to the schedule and made a part of the constitution of this State, and take the place of all conflicting provisions now contained in said constitution, to-wit: S ECT. 7. All general elections by the people of this State shall be held on the first Monday in October, and be concluded in one day; on the first Monday in October, 1857, and biennally thereafter, an election shall be held for representatives in Congress, and all State officers and members of the legislature, except for officers and senators entitled to hold over after November, 1857, who shall continue in office until their successors are entitled to succeed them therein. The legislature shall convene on the first Monday of November, 1857, and bienially thereafter, but may be specially convoked by the Governor at other times. The Governor’s official term shall commence on the third Monday of November, and that of the secretary of State, auditor of public accounts, State treasurer and attorney-general, on the first Monday of Jan-

uary next after his and their election; but the attorney-general shall hold his office as heretofore for the term of four years. On the first Monday of October, 1858, and biennially thereafter, an election shall be held for all county, district, judicial and ministerial officers (except officers who may then be entitled to hold over after January, 1859, or until the time of holding another election,) and the official terms of all such officers then and thereafter elected, shall commence on the first Monday of January next after this election; but all such officers elected in 1855 or previously, whose official terms in the absence of this provision, would expire in November, 1857, shall continue in office until the first Monday of January, 1859.

1 Verified by Laws of the State of Mississippi, Passed At a Regular Session of the Mississippi Legislature, Held in the City of Jackson, January, February and March, 1856, Jackson: E. Barksdale, State Printer, 1856, 27–28, ch. 4. Spelling, capitalization, and punctuation as in the Session Law volume. Obvious typographical errors have been tacitly corrected. The amendment was approved on March 2, 1854 (Laws of the State of Mississippi, Passed At a Regular Session of the Mississippi Legislature, Held in the City of Jackson, From 2nd of January to 2nd of March, 1854, Jackson: Barksdale & Jones, State Printers, 1854, 583–584, ch. 380), ratified by the people, and enacted by the Legislature on February 2, 1856 as part of the constitution.

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Failed Amendment of 1856

An Act to amend the Constitution of the State of Mississippi in relation to suits against the State1

S ECT. 1. Be it enacted by the Legislature of the State of Mississippi, (two-thirds of each house concurring,) That the tenth section of the seventh article of the constitution of the State, be stricken out and abrogated – and in lieu thereof, the following section adopted and inserted instead, viz: ”S ECT. 10. No suit shall ever be instituted against the State.”

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1

Verified by Laws of the State of Mississippi, Passed At a Regular Session of the Mississippi Legislature, Held in the City of Jackson, January, February and March, 1856, Jackson: E. Barksdale, State Printer, 1856, 35–36, ch. 11. Spelling, capitalization, and punctuation as in the Session Law volume. The amendment was approved on March 11, 1856, but not ratified by the people.

Amendment of 1857 An Act to insert in the Constitution an amendment thereto adopted by the people in relation to the terms of office of members of the Legislature1

S ECT. 1. Be it enacted by the Legislature of the State of Mississippi, That the following words be and they are hereby inserted in the Constitution of this State and form a part thereof, to-wit: That the amendment to the Constitution voted for by a majority of the qualified electors in this State at the last general election, known as the tenure of office amendment, and which was added to the constitution by an act of the Legislature of this State, approved the 6th day of February, 1856, be abrogated, so far as it fixes the terms of office of members of the Legislature, and in lieu thereof the following section be adopted and inserted in the Constitution: S ECT. – The term of office of members of the Legislature shall be for the period now

fixed by the Constitution, and shall commence from and after their election, and expire at the next general election thereafter at which their successors are elected.

1 Verified by Laws of the State of Mississippi, Passed At a Regular Session of the Mississippi Legislature, Held in the City of Jackson, November, 1857, Jackson: E. Barksdale, State Printer, 1858, 154–155, ch. 94. Spelling, capitalization, and punctuation as in the Session Law volume, with paragraphing as in other amendments. The amendment was approved on February 2, 1857 (Laws of the State of Mississippi, Passed At an Adjourned Session of the Mississippi Legislature, Held in the City of Jackson, December, January and February, 1856–7, Jackson: E. Barksdale, State Printer, 1857, 102–103), ratified by the people, and enacted by the Legislature on November 19, 1857 as part of the constitution. The amendment modifies part of the First Amendment of 1856 (q.v.).

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Constitution of Missouri (1820)

Constitution du Missouri (1820)

Constitution of the State of Missouri1

Constitution de l’Etat du Missouri1

We the people of Missouri, inhabiting the limits herein after designated, 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 republick, by the name of “T HE S TATE OF M ISSOURI,” and for the government thereof do ordain and establish this constitution.

Nous, le peuple du Missouri, habitant dans les limites ci-après désignées, par nos représentans en Convention assemblés, à St. Louis le Lundi, 12 de Juin, 1820, mutuellement convenons de former et établir une république libre et indépendante, sous le nom d’“E TAT DU M ISSOURI,” pour le gouvernement duquel nous ordonnons et établissons cette Constitution.

ARTICLE I

ARTICLE I

Of Boundaries

Des limites

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 the St. Francois river; thence up and following the course of that river, in the middle of the main channel thereof, to the parallel of latitude of thirty-six degrees and thirty minutes; thence west along the same to a point where the said parallel is intersected by a meridian line passing 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 intersec-

Nous déclarons, établissons, ratifions et confirmons les limites suivantes, comme limites permanentes du dit Etat ; savoir : à commencer du milieu du fleuve Mississippi sur la parallèle des trente six degrés de latitude Septentrionale, et delà, en suivant à l’Ouest la même parallèle, jusqu’à la rivière St. François ; delà, en remontant le cours de la dite rivière, et au milieu du grand canal, jusqu’à la parallèle du trente-sixième degré trente minutes de latitude ; delà, en suivant à l’Ouest la même parallèle, jusqu’au point d’intersection de la dite parallèle, avec la méridienne qui passe par le milieu de l’embouchure de la ri-vière des Kansas, à l’endroit où elle se décharge dans la rivière du Missouri ; et de ce susdit point Nord,

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M ISSOURI tion of the parallel of latitude which passes through the rapids of the river Des Moines, making the said line correspond with the Indian boundary line; thence east, from the point of intersection last aforesaid, along the said parallel of latitude, to the middle of the channel of the main fork of the said river Des 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 Mississippi river; thence due east to the middle of the main channel of the Mississippi river; thence down and following the course of the Mississippi river, in the middle of the main channel thereof, to the place of beginning.

en suivant la même méridienne, jusqu’à la ligne de latitude qui passe par les rapides de la rivière des Moines, en fesant correspondre cette ligne avec celle de la limite des sauvages2 ; delà Est, c’est-à-dire du point d’intersection dont on vient de parler, et en suivant la dite ligne de latitude, jusqu’au milieu du canal de la principale fourche de la rivière des Moines ; delà, et en descendant au milieu du grand canal de la dite rivière, jusqu’à son embouchure, à l’endroit où elle se jette dans le Mississippi ; et delà en ligne droite Est, jusqu’au milieu du grand canal du Mississippi ; et delà, en descendant et en suivant le milieu du grand canal du Mississippi, jusqu’au point de commencement.

ARTICLE II

ARTICLE II

Of the Distribution of Powers

De la distribution des pouvoirs

The powers of government shall be divided into three distinct departments, 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 herein after expressly directed or permitted.

Les pouvoirs du gouvernement seront divisés en trois distincts départemens, chacun desquels sera confié à une magistrature séparée ; et nulle personne chargée de l’exercice des pouvoirs proprement appartenans à l’un de ces départemens, n’exercera ceux appartenans à aucun des autres, excepté dans les cas ci-après expressément ordonnés ou permis.

ARTICLE III

ARTICLE III

Of the Legislative Power

Du pouvoir législatif

S ECT. 1. The legislative power shall be vested in a “General Assembly,” which shall consist of a “Senate,” and of a “House of Representatives.”

S ECT. 1. Le pouvoir législatif sera confié à une “Assemblée Générale,” qui sera composée d’un “Sénat,” et d’une “Chambre de Représentans.”

S ECT. 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 num-

S ECT. 2. La Chambre des Représentans sera composée de membres, qui devront être choisis tous les deux ans, par les personnes ayant qualité d’électeur dans les différens comtés. Chaque comté aura au moins un

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C ONSTITUTION OF M ISSOURI (1820) ber of representatives shall never exceed one hundred. S ECT. 3. No person shall be a member of the house of representatives who shall not have attained to 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. S ECT. 4. The general assembly at their first session, and in the years2 one thousand eight hundred and twenty two, and one thousand eight hundred 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 each enumeration, shall apportion the number of representatives among the several counties according to the number of free white male inhabitants therein. S ECT. 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 age 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 next before his election, if such district shall have been so long established, but if not, then of the district or districts from which the same shall have been taken; and who shall not, moreover, have paid a state or county tax.

représentant ; mais le nombre total des représentans ne pourra pas excéder cent. S ECT. 3. Nul ne pourra être membre de la Chambre des Représentans, à moins qu’il ne n’ait atteint l’âge de vingt quatre ans, qu’il ne soit citoyen libre et blanc3 des Etats Unis ; qu’il n’ait été habitant de cet état durant deux ans, et du comté qu’il représente un an immédiatement avant son élection, si le comté est établi depuis aussi longtems ; sinon, alors du comté duquel, ou des comtés desquels le dit comté aura été formé ; et à moins aussi qu’il n’ait payé taxe à l’état ou au comté. S ECT. 4. L’Assemblée Générale, à sa première session, et dans l’année mil huit cent vingt deux, et dans l’année mil huit cent vingt quatre, respectivement, et chaque quatrième année successivement, fera faire l’énumération des habitans de cet état ; et, à la première session qui suivra chaque énumération, fera la répartition du nombre des représentans que chaque comté devra avoir, suivant le nombre d’habitans libres4 qui s’y trouveront. S ECT. 5. Les sénateurs seront choisis pour le terme de quatre ans, par les personnes ayant qualités d’électeur. Nul ne pourra être sénateur à moins qu’il n’ait atteint l’âge de trente ans ; qu’il ne soit citoyen libre et blanc5 des Etats Unis qu’il n’ait été habitant de cet état durant quatre ans, et du district qu’il sera destiné à représenter, un an immédiatement avant son élection, si le district est établi depuis aussi longtems, sinon, alors du district du quel ou des districts des quels, le dit district aura été formé, et à moins aussi qu’il n’ait payé taxe à l’état ou au comté.

S ECT. 6. The senate shall consist of not less than fourteen, nor more than thirty three members; for the election of whom the state shall be divided into convenient districts, which may be altered from time to time, and

S ECT. 6. Le nombre des sénateurs ne sera pas moindre de quatorze, et ne pourra pas excéder trente trois, pour l’élection des quels, l’état sera divisé en districts convenables, qui pourront être changés de tems

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M ISSOURI new districts established, as publick convenience may require; and the senators shall be apportioned among the several districts according 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.

à autre, et de nouveaux, établis suivant que la convenance publique pourra le requérir ; et le nombre des sénateurs sera réparti entre les différens districts, suivant le nombre des habitans libres et blancs6 de chaque ; pourvu que, lorsqu’un district sénatorial sera composé d’un ou plusieurs comtés, les comtés desquels le district sera formé, ne puissent être entièrement séparés, par aucun comté appartenant à un autre district ; et nul comté ne sera divisé à l’effet de former un district.

S ECT. 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.

S ECT. 7. A la première session de l’Assemblée Générale, les sénateurs seront divisés par la voie du sort, aussi également que possible, en deux classes. Les sièges de ceux de la première classe seront vacans à la fin de la seconde année ; et les sièges de ceux de la seconde classe à la fin de la quatrième année ; de telle manière qu’une moitié des sénateurs sera choisie tous les deux ans.

S ECT. 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, except of treason, felony, or breach of the peace, shall be privileged from arrest during their continuance at elections, and in going to, and returning from the same.

S ECT. 8. Après le premier de Janvier, mil huit cent vingt-deux, toutes les élections générales commenceront le premier Lundi d’Août, et auront lieu à la même époque biennale : et les électeurs dans tous les cas, excepté ceux de trahison, félonie, ou comme perturbateurs du repos public, seront exempts d’arrestation, pendant qu’ils se rendront à l’élection, qu’ils y seront et qu’ils en reviendront.

S ECT. 9. The governor shall issue writs of election to fill such vacancies as may occur in either house of the general assembly.

S ECT. 9. Le Gouverneur émettra des ordres d’élection à l’effet de remplir, lorsque le cas se présentera, les vacances qui pourront avoir lieu, dans l’une ou l’autre chambre de l’Assemblée Générale.

S ECT. 10. Every free white male citizen of the United States who shall3 have attained to 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 of-

S ECT. 10. Tout citoyen libre et blanc7 des Etats Unis, qui aura atteint l’âge de vingt et un ans, et qui avant l’élection, aura résidé dans cet état un an, dont il aura passé les trois derniers mois dans le comté ou district, où il offrira son suffrage, sera jugé avoir les qualités d’électeur à tous les offices éligibles ; pourvu toutes fois, que les soldats

224

C ONSTITUTION DU M ISSOURI (1820) fices; provided, that no soldier, seaman or marine, in the regular army or navy of the United States shall be entitled to vote at any election in this state.

de l’armée et de la marine8 des Etats Unis, n’ayent point droit de voter à aucune élection dans cet Etat.

S ECT. 11. No judge of any court of law or equity, secretary of state, attorney general, state auditor, state or county treasurer, register or recorder, clerk of any court of record, sheriff, coroner, member of congress, nor other person4 holding any5 lucrative office under the United States or this state, militia officers, justices of the peace and post masters excepted, shall be eligible to either house of the general assembly.

S ECT. 11. Aucun juge de cour de lois ou de cour d’équité, secrétaire d’Etat, procureur général, auditeur de l’Etat, Trésorier de l’Etat, garde-notes, greffier,9 sheriff, coroner, membre du congrès, ou tout autre personne possédant un office lucratif, soit, sous l’autorité des Etats Unis, ou soit sous celle de cet Etat, excepté les officiers de milice, les juges de paix et les directeurs de poste, ne seront éligibles à l’Assemblée Générale10 .

S ECT. 12. No person who now is, or who hereafter may be, a collector or holder of publick money6 , nor any assistant or deputy of such collector or holder of publick money, shall be eligible to either house of the general assembly, nor to any office of profit or trust until he shall have accounted for and paid all sums for which he may be accountable.

S ECT. 12. Quiconque à présent est, ou pourra être par la suite collecteur ou dépositaire de fonds publics, ou assistant ou sous-collecteur, ou comme tel dépositaire de fonds publics, ne sera point éligible à aucune des chambres de l’Assemblée Générale, ni à aucun office de profit ou de confiance, jusqu’à ce qu’il ait payé les sommes dont il pourra être comptable.

S ECT. 13. No person while he continues to exercise the functions of a bishop, priest, clergyman, or teacher of any religious persuasion, denomination, 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.

S ECT. 13. Qui que ce soit, tant qu’il continuera d’exercer les fonctions, soit d’évèque, de prêtre, d’ecclésiastique, ou qu’il enseignera une doctrine de religion, de dénomination, de société ou de secte quelconque, ne sera point éligible à aucune des chambres de l’Assemblée Générale, ni ne pourra être nommé à aucun office de profit dans l’Etat, celui de juge de paix excepté.

S ECT. 14. The general assembly shall have power to exclude from every office of honour, trust or profit within this state, and from the right of suffrage, all persons convicted of bribery, perjury, or other infamous crime.

S ECT. 14. L’Assemblée Générale aura le pouvoir d’exclure de tout office d’honneur, de confiance ou de profit dans cet Etat, et du droit de suffrage, toute personne convaincue de subornation, de parjure ou autre crime infamant.

S ECT. 15. Every person who shall be convicted of having, directly or indirectly, given or offered any bribe to procure his election or appointment, shall be disqualified for any

S ECT. 15. Toute personne qui sera convaincue d’avoir directement ou indirectement donné ou offert quelque présent, à l’effet de se procurer son élection ou un of-

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M ISSOURI office of honour, trust or profit under this state; and any person who shall give or offer any bribe to procure the election or appointment of any other person, shall, on conviction thereof, be disqualified for an elector, or for any office of honour, trust or profit under this state for ten years after such conviction.

fice, sera rendu inhabile à en remplir aucun, soit d’honneur, de confiance ou de profit dans cet Etat : et toute personne qui donnera ou offrira quelque présent à l’effet d’en faire élire un autre à un office, lorsqu’il en sera convaincu, sera rendu inhabile à être électeur, ou à occuper aucun office de profit, de confiance ou d’honneur sous l’autorité de cet Etat, pendant dix ans à dater de l’époque de la conviction.

S ECT. 16. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office under this state which shall have been created, or the emoluments of which shall have been increased, during his continuance in office, except to such offices as shall be filled by elections of the people.

S ECT. 16. Aucun Sénateur ou représentant, durant le terme pour le quel il aura été élu, ne pourra être nommé à aucun office civil, sous l’autorité de cet Etat, qui aura été créé, et11 dont les émolumens auront été augmentés durant son exer-cice, excepté à ceux qui seront remplis par l’élection du peuple.

S ECT. 17. Each house shall appoint its own officers, and shall judge of the qualifications, elections and returns of its own members. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner, and under such penalties, as each house may provide.

S ECT. 17. Chacune des chambres nommera ses propres officiers ; et jugera des qualifications, des élections, des dépouillemens de scrutin ou procès-verbaux d’élections12 de ses propres membres. Une majorité de chaque chambre formera un quorum, (ou nombre constitutionnel) pour procéder aux affaires ; mais un plus petit nombre pourra ajourner de jour à autre et forcer la présence des membres absens, de la manière et sous les peines que chaque chambre pourra pourvoir.

S ECT. 18. Each house may determine the rules of its proceedings; punish its members for disorderly behaviour, and with the concurrence of two thirds of all the members elected, expel a member, but no member shall be expelled a second time for the same cause. They shall each, from time to time, publish a journal of their proceedings, except such parts as may in their opinion require secrecy; and the yeas and nays on any question shall be entered on the journal at the desire of any two members.

S ECT. 18. Chaque chambre pourra déterminer les règles de ses procédés, punir ses membres pour conduite désordonnée, et avec la concurrence des deux tiers de tous les membres élus en expulser un ; mais aucun ne pourra l’être deux fois pour la même cause. Chacune, de tems à autre, publiera le procès-verbal de ses procédés, excepté telle partie qu’elle considèrera comme devant être secrète ; et les oui et les non sur toute question, seront mentionnés au procèsverbal, à la demande de deux membres quelconque.

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C ONSTITUTION OF M ISSOURI (1820) S ECT. 19. The doors of each house, and of committees of the whole, shall be kept open, except in cases which7 may require secrecy; and each house may punish by fine or imprisonment any person not a member who shall be guilty of disrespect to the house by any disorderly or contemptuous behaviour in their presence, during their session; provided, that such fine shall not exceed three hundred dollars, and such imprisonment shall not exceed forty-eight hours for one offence.

S ECT. 19. Les portes de chaque chambre et des comités du tout, seront tenues ouvertes, excepté dans les cas qui pourront requérir le secret ; et chaque chambre pourra punir, par amende ou par emprisonnement, toute personne autre qu’un membre qui se sera rendu coupable de manque de respect envers la chambre, par une conduite quelconque désordonnée ou méprisante, en leur présence, pendant leur session ; pourvu que l’amende pour une offense, ne puisse pas excéder trois cents piastres, et l’emprisonnement quarante huit heures.

S ECT. 20. Neither house shall, without the consent of the other, adjourn for more than two days at any one time, nor to any other place than to that in which the two houses may be sitting.

S ECT. 20. Aucune des chambres, sans le consentement de l’autre ne pourra ajourner pour plus de deux jours à la fois ; ni se transférer à aucun autre lieu, que celui où les deux chambres peuvent être séantes.

S ECT. 21. Bills may originate in either house, and may be altered, amended, or rejected by the other; and every bill shall be read on three different days in each house, unless two thirds of the house where the same is depending shall dispense with this rule; and every bill, having passed both houses, shall be signed by the speaker of the house of representatives, and by the president of the senate.

S ECT. 21. Les projets de lois pourront émaner de l’une ou l’autre chambre, et pourront être changés, améliorés ou rejetés par l’autre ; et seront lus, dans chaque chambre, à trois jours différens, à moins que les deux tiers de la chambre devant la quelle le projet sera pendant, ne soient d’opinion de dispenser de cette règle, et tout projet ayant passé les deux chambres sera signé par le président (speaker) de la Chambre des Représentans et par le président du Sénat.

S ECT. 22. When any officer, civil or military, shall be appointed by the joint or concurrent vote of both houses, or by the separate vote of either house of the general assembly, the votes shall be publickly given viva voce, and entered on the journals. The whole list of8 members shall be called, and the names of absentees shall be noted and published with the journal.

S ECT. 22. Lorsqu’un officier, soit civil ou militaire sera nommé par les chambres, conjointement ou concurremment, ou le sera séparément par les suffrages de l’une ou l’autre des deux chambres, les suffrages seront publiquement donnés de vive voix, et mentionnés au procès-verbal. La liste entière des membres sera appelée et les noms des absens seront notés et publiés avec le procès-verbal.

S ECT. 23. 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 general assembly, and for fifteen days next before the

S ECT. 23. Les Sénateurs et les Représentans dans tous les cas, excepté ceux de trahison, de félonie, ou comme perturbateurs du repos public, seront exempts d’arrestation, durant la session de l’Assemblée Générale,

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M ISSOURI commencement, and after the termination of each session; and for any speech or debate in either house they shall not be questioned in any other place.

ainsi que durant les quinze jours immédiatement avant le commencement et les quinze jours après la fin de chaque session, et ne seront ailleurs responsables d’aucun discours ou débats, dans l’une ou l’autre chambre.

S ECT. 24. The members of the general assembly shall severally receive from the publick treasury a compensation for their services, which may from time to time be increased or diminished by law; but no alteration increasing, or tending to increase the compensation of members, shall take effect during the session at which such alteration9 shall be made.

S ECT. 24. Les membres de l’Assemblée Générale recevront respectivement, du trésor public, une compensation pour leurs services, qui pourra suivant le cas, être augmentée ou diminuée par la loi ; mais nul changement augmentant ou tendant à augmenter leur salaire13 , ne commencera son effet, pendant la session durant laquelle il sera fait.

S ECT. 25. The general assembly shall direct by law in what manner and in what courts, suits may be brought against the state.

S ECT 25. L’Assemblée Générale déterminera par une loi, de quelle manière et en quelle cour les procès pourront être institués contre l’état.

S ECT. 26. The general assembly shall have no power10 to pass laws, F IRST, For the emancipation of slaves without the consent of their owners; or without paying them before such emancipation, a full equivalent for such slaves so emancipated; and S ECOND, To prevent bona-fide emigrants to this state, or actual settlers therein, from bringing from any of the United States, or from any of their territories, such persons as may there be deemed to be slaves, so long as any persons of the same description are allowed to be held as slaves by the laws of this state. They shall have power to pass laws, F IRST, To prohibit the introduction into this state of any slaves who may have committed any high crime in any other state or territory; S ECOND, To prohibit the introduction of any slave for the purpose of speculation, or as an article of trade or merchandize; T HIRD, To prohibit the introduction of any slave, or the offspring of any slave, who heretofore may have been, or who here-

S ECT. 26. L’Assemblée Générale ne pourra faire aucune loi : 1o. Relatif à l’émancipation des esclaves, sans le consentement de leurs propriétaires, ou sans leur en avoir payé l’entière valeur avant l’émancipation ; et 2do. tendante à empêcher les émigrans de bonne foi, qui désireront venir dans cet état, ou ceux qui y sont déjà établis, d’y emmener des autres Etats Unis ou des territoires, telles personnes qui peuvent y être considérées comme esclaves, tant qu’il sera permis par les lois de cet état, que des personnes quelconques de cette description y soient tenues en esclavage. Elle pourra faire des lois : 1o. A l’effet de prohiber l’introduction dans cet état, de tout esclave qui pourrait avoir commis des crimes capitaux14 dans un autre état ou dans un territoire ; 2do. à l’effet de prohiber l’introduction des esclaves comme objet de spéculation, ou comme article de commerce, ou comme marchandise ; 3o. à l’effet de prohiber l’introduction d’esclaves ou descendans d’esclaves, qui précédemment peuvent avoir été introduits ou peuvent ciaprès l’être de quelques pays

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C ONSTITUTION DU M ISSOURI (1820) after may be imported from any foreign country into the United States, or any territory11 thereof in contravention of any existing statute of the United States; and F OURTH, To permit the owners of slaves to emancipate them, saving the rights of creditors, where the person so emancipating will give security that the slave so emancipated shall not become a publick charge. It shall be their duty, as soon as may be, to pass such laws as may be necessary, F IRST, To prevent free negroes and mulattoes from coming to, and settling in this state, under any pretext whatsoever;12 and S ECOND, To oblige the owners of slaves to treat them with humanity, and to abstain from all injuries to them extending to life or limb.

étrangers dans les Etats Unis, ou leurs territoires, en contravention aux statuts des Etats Unis ; et 4o. de permettre, sauf les droits des créanciers, aux propriétaires d’esclaves, de les émanciper, dans le cas où les personnes ainsi émancipant donneront caution que ces esclaves ainsi émancipés, ne deviendront point une charge publique. Il sera du devoir de l’Assemblée Générale, aussitôt que possi-ble, de faire telles lois qui pourront être nécessaires : 1o. pour empêcher les nègres et mulâtres libres de venir, dans cet état, et de s’y établir sous aucun prétexte quelconque ; et 2do. pour obliger les propriétaires d’esclaves de les traiter avec humanité, et de s’abstenir de tout mauvais traitement envers eux, qui les privent de la vie ou de leurs membres.

S ECT. 27. In prosecutions for crimes, slaves shall not be deprived of an impartial trial by jury, and a slave convicted of a capital offence shall suffer the same degree of punishment, and no other, that would be inflicted on a13 white person for a like offence; and courts of justice before whom slaves shall be tried shall assign them counsel for their defence.

S ECT. 27. Dans les poursuites pour crimes, les esclaves ne seront point privés d’une procédure impartiale par juri ; et l’esclave convaincu de crime capital, subira le même degré de punition et nul autre, que celui qui serait infligé à une personne blanche, pour une semblable offense ; et les cours de justice devant lesquelles les esclaves auront leurs procès faits, leur assigneront des avocats pour prendre leur défense.

S ECT. 28. Any person who shall maliciously deprive of life or dismember a slave, shall suffer such punishment as would be inflicted for the like offence if it were committed on a free white person.

S ECT. 28. Toutes personnes, qui méchamment privera de la vie ou mutilera un esclave, subira la même punition, qui serait infligée pour la même offense, si elle était commise sur une personne libre et blanche.

S ECT. 29. The governour, lieutenant governour, secretary of state, auditor, treasurer, attorney general, and all judges of the courts of law and equity, shall be liable to impeachment14 for any misdemeanor in office; but judgment in such case shall not extend farther than removal from office, and disqualification to hold any office of honour, trust or profit under this state. The party impeached, whether convicted or acquitted shall nevertheless be liable to be indicted, tried and

S ECT. 29. Le gouverneur, le lieutenant gouverneur, le secrétaire d’état, l’auditeur, le trésorier, l’avocat-général, et tous les juges de cours de lois et d’équité seront sujets à être accusés par empeachment, pour mauvaise conduite dans l’exercice de leur office ; mais le jugement en ce cas, n’étendra pas plus loin ses effets que le déplacement d’office, et l’inhabilité à en remplir aucun soit d’honneur, de confiance ou de profit, sous l’autorité de cet état. L’accusé, soit

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M ISSOURI punished according to law.15

qu’il soit convaincu ou acquitté, sera sujet à être déféré d’accusation par indictment, à avoir son procès fait, et à être puni suivant la loi.

S ECT. 30. The house of representatives shall have the sole power of impeachment. All impeachments shall be tried by the senate, and when sitting for that purpose, the senators shall be on oath or affirmation to do justice according to law and evidence. When the governour shall be tried, the presiding judge of the supreme court shall preside; and no person shall be convicted without the concurrence of two thirds of all the senators present.

S ECT. 30. La Chambre des Représentans aura seule le pouvoir de déférer d’accusation par empeachment. Tous les actes d’accusation par empeachment seront jugés par le Sénat, et lorsqu’il siègera à cet effet, les sénateurs feront serment ou affirmation de rendre justice, suivant la loi et d’après les preuves. Lorsque le gouverneur sera mis en jugement, le juge président de la cour suprême présidera ; et nul ne sera convaincu sans la concurrence des deux tiers de tous les membres15 présens.

S ECT. 31. A state treasurer shall be biennially appointed by joint vote of the two houses of the general assembly, who shall keep his office at the seat of government. No money shall be drawn from the treasury but in consequence of appropriations made by law; and an accurate account of the receipts and expenditures of the publick money shall be annually published.

S ECT. 31. Un trésorier d’état sera nommé tous les deux ans, par les deux chambres conjointement, et tiendra son bureau où sera le siège du gouvernement. Aucune somme ne sera payée, qu’en conséquence d’appropriation ordonnées par la loi ; et un compte exact, des recettes et dépenses des fonds publics, sera publié chaque année.

S ECT. 32. The appointment of all officers not otherwise directed by this constitution shall be made in such manner as may be prescribed by law; and all officers both civil and military under the authority of this state shall, before entering on the duties of their respective offices, take an oath or affirmation to support the constitution of the United States, and of this state, and to demean themselves faithfully in office.

S ECT. 32. Les nominations de tous les officiers qui ne sont point autrement pourvues par cette constitution, seront faites, suivant telle manière qui sera prescrite par la loi, et tous les officiers, sous l’autorité de cet état, tant civils que militaires, avant d’entrer en fonction, seront tenus de faire serment ou d’affirmer qu’ils supporteront la constitution des Etats Unis et celle de cet état, et qu’ils se comporteront fidèlement dans leur emploi.

S ECT. 33. The general assembly shall meet on the third Monday in September next; on the first Monday in November eighteen hundred and twenty one; on the first Monday in November eighteen hundred and twenty-two; and thereafter the general assembly shall meet once in every two years, and such meeting shall be on the first Mon-

S ECT. 33. L’Assemblée Générale s’ouvrira le troisième lundi de Septembre prochain ; le premier lundi de Novembre mil huit cent vingt et un, et le premier lundi de Novembre mil huit cent vingt deux ; et après cela, l’Assemblée Générale se réunira une fois tous les deux ans, le premier lundi de Novembre ; à moins qu’il n’en soit ordonné

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C ONSTITUTION OF M ISSOURI (1820) day in November, unless a different day shall be appointed by law.

autrement par une loi.

S ECT. 34. No county now established by law shall ever be reduced by the establishment of new counties to less than twenty miles square; nor shall any county hereafter be established which shall contain less than four hundred square miles.

S ECT. 34. Nul comté à présent établi par la loi, ne pourra jamais être réduit par l’établissement de nouveaux comptés à moins de vingt milles quarrés16 ; ni nul comté, contenant moins de quatre cent milles, en superficie, ne pourra être établi ci après.

S ECT. 35. Within five years after the adoption of this constitution, all the statute laws of a general nature, both civil and criminal, shall be revised, digested, and promulgated in such manner as the general assembly shall direct; and a like revision, digest and promulgation shall be made at the expiration of every subsequent period of ten years.

S ECT. 35. Dans l’espace de cinq ans après l’adoption de cette constitution, tous les statuts, (ou lois écrites) d’une nature générale, tant civils que criminels, seront revus, rédigés et promulgués de telle manière qui sera prescrite par l’Assemblée Générale ; et une semblable révision, rédaction et promulgation sera faite à l’expiration de chaque subséquente période de dix ans.

S ECT. 36. The style of the laws of this state shall be, “Be it enacted by the general assembly of the state of Missouri.”

S ECT. 36. Le protocole ou formulaire des lois17 de cet état sera : “Be it enacted by the General Assembly of the state of Missouri. ”

ARTICLE IV

ARTICLE IV

Of the Executive Power

Du pouvoir exécutif

S ECT. 1. The supreme executive power shall be vested in a chief magistrate, who shall be styled “The Governour of the State of Missouri.”

S ECT. 1. Le pouvoir exécutif suprême sera confié à un magistrat en chef, qui aura le titre de “Gouverneur de l’état du Missouri.”

S ECT. 2. The governour shall be at least thirty-five years of age, and a natural born citizen of the United States, or a citizen at the adoption of the constitution of the United States, or an inhabitant of that part of Louisiana now included in the state of Missouri at the time of the cession thereof from France to the United States, and shall have been a resident of the same at least four years next before his election.

S ECT. 2. Le gouverneur devra être âgé au moins de trente cinq ans ; il devra être citoyen né des Etats Unis, ou en avoir été citoyen, à l’époque de l’adoption de la constitution18 ; ou avoir été habitant de la partie de la Louisiane à présent inclue dans l’état du Missouri, à l’époque qu’elle a été cédée par la France aux Etats Unis ; il devra aussi y avoir été résidant quatre ans immédiatement avant son élection.

S ECT. 3. The governour shall hold his office for four years, and until a successor

S ECT. 3. Le Gouverneur sera nommé pour quatre ans, et restera en fonction,

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M ISSOURI be duly appointed and qualified. He shall be elected in the manner following: At the time and place of voting for members of the house of representatives, the qualified electors shall vote for a governour; and when two or more persons have an equal number of votes, and a higher number than any other person, the election shall be decided between them by a joint vote of both houses of the general assembly at their next session.

jusqu’à ce que son successeur soit duement nommé et qualifié. Il sera élu de la manière suivante : Au tems et au lieu désigné pour l’élection des membres de la Chambre des Représentans, les électeurs qualifiés comme tels, donneront leur suffrage pour un gouverneur ; et lorsque deux ou plusieurs personnes auront un égal nombre de suffrages et un plus grand que tout autre, l’élection sera décidée entre eux, par les deux chambres de l’Assemblée Générale, votant conjointement à leur prochaine session.

S ECT. 4. The governour shall be ineligible for the next four years after the expiration of his term of service.

S ECT. 4. Le Gouverneur ne pourra pas être réélu, pour les quatre années qui suivront immédiatement l’expiration du terme de ses services.

S ECT. 5. The governour shall be commander in chief of the militia and navy of this state, except when they shall be called into the service of the United States; but he need not command in person unless advised so to do by a resolution of the general assembly.

S ECT. 5. Le Gouverneur sera commandant en chef de la milice et de la marine de cet Etat ; excepté lorsqu’elles seront appelées au service des Etats Unis ; mais il ne sera pas tenu de commander en personne, à moins qu’il n’en soit avisé par une résolution de l’Assemblée Générale.

S ECT. 6. The governour shall have power to remit fines and forfeitures, and, except in cases of impeachment, to grant reprieves and pardons.

S ECT. 6. Le Gouverneur aura le pouvoir de remettre les amendes et confiscations et d’accorder des sursis et des pardons, excepté dans les cas d’accusation par impeachment.

S ECT. 7. The governour shall, from time to time, give to the general assembly information relative to the state of the government, and shall recommend to their consideration such measures as he shall deem necessary and expedient. On extraordinary occasions he may convene the general assembly by proclamation, and shall state to them the purposes for which they are convened.

S ECT. 7. Il sera du devoir du Gouverneur, de tems à autre, de donner à l’Assemblée Générale, les informations relatives à la situation du Gouvernement de l’Etat ; et de recommander à leur considération, telles mesures qu’il croira nécessaires et à propos. Il pourra dans les occasions extraordinaires, convoquer l’Assemblée Générale, par proclamation ; et il devra mentionner l’objet pour lequel elle sera appelée.

S ECT. 8. The governour shall take care that the laws be distributed and faithfully executed; and he shall be a conservator of the peace throughout the state.

S ECT. 8. Le Gouverneur aura soin que les lois soient distribuées et exécutées fidèlement ; et il sera conservateur de la paix dans toute l’étendue de l’Etat.

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C ONSTITUTION DU M ISSOURI (1820) S ECT. 9. When any office shall become vacant, the governour shall appoint a person to fill such vacancy, who shall continue in office until a successor be duly appointed and qualified according to law.

S ECT. 9. Lorsqu’un office deviendra vacant, le Gouverneur y pourvoira par une personne, qui exercera jusqu’à ce que le successeur soit duement nommé et qualifié conformément à la loi.

S ECT. 10. Every bill which shall have been passed by both houses of the general assembly shall, before it becomes a law, be presented to the governour for his approbation. If he approve, he shall sign it; if not, he shall return it with his objections to the house in which it shall have originated, and the house shall cause the objections to be entered at large on its journals, and shall proceed to re-consider the bill. If, after such re-consideration, a majority of all the members elected to that house shall agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall be in like manner re-considered, and if approved by a majority of all the members elected to that house, it shall become a law. In all such cases the votes of both houses shall be taken by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journal16 of each house respectively. If any bill shall not be returned by the governour within ten days (Sundays excepted) after it shall have been presented to him, the same shall become a law in like manner as if the governour had signed it, unless the general assembly by its adjournment shall prevent its return, in which case it shall not become a law.

S ECT. 10. Avant d’être considéré comme loi, chaque projet qui aura passé les deux chambres de l’Assemblée Générale, sera présenté au Gouverneur, pour avoir son approbation. S’il l’approuve, il le signera : sinon, il le renverra avec ses objections à la chambre, d’où il sera émané, et la chambre les fera entrer sur le registre des procèsverbaux, et procédera ensuite à la reconsidération du projet de loi. Si, après une telle reconsidération, une majorité de tous les membres élus à cette chambre, est en faveur du même projet, il sera envoyé avec les objections à l’autre chambre, pour y être reconsidéré de la même manière, et s’il est approuvé par la majorité de tous les membres élus à cette chambre, il deviendra loi. Dans tous ces cas, les voix des deux chambres seront prises par oui et par non ; et les noms des membres opinant, pour ou contre le projet de loi, seront mentionnés au procèsverbal. Et lorsqu’un projet de loi n’aura pas été renvoyé par le Gouverneur dans l’espace de dix jours, (non compris le dimanche) après qu’il aura été présenté, il deviendra loi, comme s’il eût été signé par lui ; à moins que l’ajournement de l’Assemblée Générale n’ait été un obstacle, à ce qu’il l’y renvoyât ; et dans ce cas, il ne deviendra point loi.

S ECT. 11. Every resolution to which the concurrence of the senate and house of representatives may be necessary, except on cases of adjournment, shall be presented to the governour, and before the same shall take effect shall be proceeded upon in the same manner as in the case of a bill.

S ECT. 11. Toute résolution à laquelle la concurrence du Sénat et de la Chambre des Représentans pourra être nécessaire, excepté en cas d’ajournement, devra être présentée au Gouverneur, et avant qu’elle puisse avoir effet, il y sera procédé de la même manière que dans le cas d’un projet de loi.

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M ISSOURI S ECT. 12. There shall be an auditor of public accounts, whom the governour, by and with the advice and consent of the senate, shall appoint. He shall continue in office four years, and shall perform such duties as may be prescribed by law. His office shall be kept at the seat of government.

S ECT. 12. Il y aura un Auditeur des comptes que le Gouverneur nommera, par et avec l’avis et le consentement du Sénat. Il possédera son emploi durant quatre ans, et remplira les devoirs qui lui seront imposés par la loi. Il tiendra son bureau au siège du gouvernement.

S ECT. 13. The governour shall, at stated times, receive for his services an adequate salary to be fixed by law, which shall neither be increased nor diminished during his continuance in office, and which shall never be less than two thousand dollars annually.

S ECT. 13. Le Gouverneur recevra pour ses services, à des époques déterminées, une compensation qui sera fixée par la loi ; qui ne pourra être ni augmentée ni diminuée, à l’égard de celui qui sera en fonction, et ne pourra pas être moindre de deux milles piastres par an.

S ECT. 14. There shall be a lieutenant governour, who shall be elected at the same time, in the same manner, for the same term, and shall possess the same qualifications as the governour. The electors shall distinguish for whom they vote as governour, and for17 whom as lieutenant governour.

S ECT. 14. Il y aura un Lieutenant Gouverneur, qui sera élu en même tems, de la même manière, pour le même terme, et possédera les mêmes qualifications que le Gouverneur. Les électeurs spécifieront pour qui ils votent comme Gouverneur, et pour qui comme Lieutenant Gouverneur.

S ECT. 15. The lieutenant governour shall by virtue of his office be president of the senate. – In committee of the whole he may debate on all questions; and when there is an equal division, he shall give the casting vote in senate, and also in joint votes18 of both houses.

S ECT. 15. Le Lieutenant Gouverneur, en vertu de son office, sera Président du Sénat. En comité du tout, il pourra prendre part à la discussion sur toutes les questions ; et lorsque les suffrages seront balancés dans le Sénat, il donnera le suffrage décisif : de même, dans tous les cas où les deux Chambres voteront conjointement.

S ECT. 16. When the office of governour, shall become vacant by death, resignation, absence from the state, removal from office, refusal to qualify, impeachment, or otherwise, the lieutenant-governour; or in case of like disability on his part, the president of the senate pro tempore; or if there be no president of the senate pro-tempore, the speaker of the house of representatives, shall possess all the powers, and discharge all the duties of governour, and shall receive for his services the like compensation, until such vacancy be filled, or the governour so absent or impeached shall return or be acquitted.

S ECT. 16. Lorsque l’office de Gouverneur deviendra vacant par mort, résignation, absence de l’Etat, déplacement d’office, refus de faire serment, ou accusation par empeachment ou autre cause ; le Lieutenant Gouverneur, ou s’il y a inhabilité semblable de sa part, le président de Sénat protempore ; ou s’il n’y a pas de président du Sénat pro tempore, le président (speaker) de la Chambre des Représentans, possédera tous les pouvoirs et remplira toutes les fonctions de Gouverneur, et recevra le même salaire19 pour ses services, jusqu’à ce que la vacance soit remplie, ou que le Gouverneur ainsi absent soit de retour, ou que le

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C ONSTITUTION OF M ISSOURI (1820) Gouverneur accusé par empeachment soit acquitté. S ECT. 17. Whenever the office of governour shall become vacant by death, resignation, removal from office, or otherwise, the lieutenant-governour, or other person exercising the powers of governour for the time being, shall, as soon as may be, cause an election to be held to fill such vacancy, giving three months previous notice thereof; and the person elected shall not thereby be rendered ineligible to the office of governour for the next succeeding term. Nevertheless, if such vacancy shall happen within eighteen months of the end of the term for which the late governour shall have been elected, the same shall not be filled.

S ECT. 17. Toutes les fois que l’office de Gouverneur deviendra vacant, par mort, résignation, déplacement ou autrement, le Lieutenant Gouverneur ou autre personne exerçant alors les pouvoirs de Gouverneur, convoquera aussitôt que possible, une élection, à l’effet de remplir cette vacance ; laquelle devra être annoncée trois mois d’avance ; et la personne ainsi élue, ne sera point pour cela, inéligible comme Gouverneur pour le terme suivant. Cependant, si la vacance avait lieu, dix huit mois avant la fin du terme pour lequel le Gouverneur avait été élu, il ne sera point rempli.

S ECT. 18. The lieutenant-governour, or president of the senate pro-tempore, while presiding in the senate, shall receive the same compensation as shall be allowed to the speaker of the house of representatives.

S ECT. 18. Le Lieutenant Gouverneur, ou le président du Sénat pro-tempore, tant qu’il présidera le Sénat, recevra la même compensation, qui sera allouée au président (speaker) de la Chambre des Représentans.

S ECT. 19. The returns of all elections of governour and lieutenant-governour shall be made to the secretary of state, in such manner as may be prescribed by law.

S ECT. 19. Les envois des dépouillemens du scrutin ou procès-verbaux20 de toutes les élections de Gouverneur et de Lieutenant Gouverneur seront faits au Secrétaire d’Etat, de telle manière qui pourra être prescrite par la loi.

S ECT. 20. Contested elections of governour and lieutenant-governour shall be decided by joint vote of both houses of the general assembly, in such manner as may be prescribed by law.

S ECT. 20. Les élections21 du Gouverneur et du Lieutenant Gouverneur seront décidées par les suffrages réunis des deux Chambres de l’Assemblée Générale, de telle manière qui pourra être prescrite par la loi.

S ECT. 21. There shall be a secretary of state, whom the governour, by and with the advice and consent of the senate, shall appoint. He shall hold his office four years, unless sooner removed on impeachment. He shall keep a register of all the official acts and proceedings of the governour, and when necessary shall attest them; and he shall lay the same, together with all papers relative thereto, before either house of the general

S ECT. 21. Il y aura un secrétaire d’Etat que le Gouverneur nommera par et avec l’avis et le consentement du Sénat. Il occupera son office pendant quatre ans à moins qu’il ne soit plutôt déplacé, en conséquence d’accusation par impeachment. Il tiendra un registre de tous les actes et procédés officiels du Gouverneur, et les certifiera en cas de besoin. Il sera tenu de les produire avec tous les papiers y relatifs, devant l’une ou

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M ISSOURI assembly whenever required so to do, and shall perform such other duties as may be enjoined on him by law.

l’autre des chambres de l’Assemblée Générale, lorsqu’il en sera requis ; et remplira tels autres devoirs qui pourront lui être enjoints par la loi.

S ECT. 22. The secretary of state shall, as soon as may be, procure a seal of state, with such emblems and devices as shall be directed by law, which shall not be subject to change. It shall be called the “Great Seal of the State of Missouri;” shall be kept by the secretary of state, and all official acts of the governour, his approbation of the laws excepted, shall be thereby authenticated.

S ECT. 22. Le secrétaire d’Etat, aussitôt que possible, se procurera un sceau de l’Etat, avec tels emblêmes et telles devises qui seront désignées par la loi ; lesquels ne seront point sujets à changement, et il sera appelé “Le Grand Sceau de l’Etat du Missouri :” il sera gardé par le secrétaire d’Etat, et tous les actes officiels du Gouverneur, excepté l’approbation des lois, seront authentiqués par l’apposition de ce sceau.

S ECT. 23. There shall be appointed in each county a sheriff and19 coroner, who, until the general assembly shall otherwise provide, shall be elected by the qualified electors at the time and place of electing representatives. They shall serve for two years, and until a successor be duly appointed and qualified, unless sooner removed for misdemeanor in office, and shall be ineligible four years in any period of eight years. The sheriff and coroner shall each give security for the faithful discharge of the duties of his office in such manner as shall be prescribed by law. Whenever a county shall be hereafter established, the governour shall appoint a sheriff and coroner therein, who shall each continue in office until the next succeeding general election, and until a successor shall be duly qualified.

S ECT. 23. Il sera nommé un Sheriff et un Coroner dans chaque comté, qui, jusqu’à ce que l’Assemblée Générale y pourvoie autrement, seront élus par les électeurs22 , à l’époque et au lieu des élections des représentans. Il tiendront leur office pendant deux ans, et jusqu’à ce que leur successeur soit duement nommé et qualifié ; à moins qu’ils ne soient déplacés plutôt, pour malversation en office ; et dans toute période de huit ans, ils seront inéligibles quatre. Le sheriff et le coroner donneront, chacun, caution comme quoi ils rempliront fidèlement les devoirs de leur office, de la manière qui sera prescrite par la loi. Toutes les fois qu’un comté sera établi par la suite, le Gouverneur y nommera un sheriff et un coroner, qui continueront en office, jusqu’à la prochaine élection générale, et jusqu’à ce que le successeur soit duement qualifié.

S ECT. 24. When vacancies happen in the office of sheriff or coroner, they shall be filled by appointment of the governour; and the persons so appointed shall continue in office until successors shall be duly qualified, and shall not be thereby rendered ineligible for the next succeeding term.

S ECT. 24. Lorsque l’office de sheriff ou de coroner viendra à vaquer, il y sera pourvu par le Gouverneur ; et la personne ainsi nommée, continuera en fonction, jusqu’à ce qu’un successeur soit duement qualifié ; le quel ne sera point pour cela rendu inéligible pour le terme suivant.

S ECT. 25. In all elections of sheriff and coroner, when two or more persons have an equal number of votes, and a higher number

S ECT. 25. Dans toutes les élections de sheriff et de coroner, lorsque deux ou plusieurs personnes auront un égal nombre de

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C ONSTITUTION DU M ISSOURI (1820) than any other person, the circuit courts of the counties respectively shall give the casting vote; and all contested elections for the said offices shall be decided by the circuit courts respectively, in such manner as the general assembly may by law prescribe.

suffrages, et un plus grand nombre que toute autre, les cours de circuit, respectivement, donneront le suffrage décisif ; et toutes les élections pour les dits offices, qui seront contestées, seront décidées aussi par les cours de circuit, de telle manière qui pourra être prescrite par une loi de l’Assemblée Générale.

ARTICLE V

ARTICLE V

Judicial20

Du pouvoir judiciaire

Of the

Power

S ECT. 1. The judicial21 powers22 as to matters of law and equity, shall be vested in a “Supreme Court” in a “Chancellor;” in “Circuit Courts,” and in such inferior tribunals as the general assembly may, from time to time, ordain and establish.

S ECT. 1. Le pouvoir judiciaire en matière de lois et d’équité, sera composé d’une “Cour Suprême, d’une Cour de Chancellerie, et d’une Cour de Circuit23 ,” et de tels tribunaux inférieurs que l’Assemblée Générale pourra ordonner et établir de tems à autre.

S ECT. 2. The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the state, under the restrictions and limitations in this constitution provided.

S ECT. 2. La cour suprême, excepté dans les cas où il en est autrement ordonné par cette constitution, aura jurisdiction d’appel seulement ; laquelle s’étendra sur tout l’Etat, sous les restrictions et limitations pourvues par cette constitution.

S ECT. 3. The supreme court shall have a general superintending control over all inferior courts23 of law. It shall have power to issue writs of Habeas Corpus, Mandamus, Quo Varranto, Certiorari, and other original remedial writs; and to hear and determine the same.

S ECT. 3. La cour suprême aura une surveillance générale, et une autorité mercuriale,24 sur toutes les cours inférieures de lois. Elle aura le pouvoir d’émettre des ordres ou Writs d’Habeas Corpus, de mandamus, de quo warranto, de certiorari, et tels autres ordres ou mandats à l’effet de traduire devant elle25 , d’entendre et de déterminer.

S ECT. 4. The supreme court shall consist of three judges, any two of whom shall be a quorum; and the said judges shall be conservators of the peace throughout the state.

S ECT. 4. La cour suprême sera composée de trois juges, dont deux formeront un quorum ; et les dits juges seront conservateurs de la paix partout l’Etat.

S ECT. 5. The state shall be divided into convenient districts, not to exceed four, in each of which the supreme court shall hold two sessions annually, at such place as the general assembly shall appoint; and when

S ECT. 5. L’Etat sera divisé en districts convenables, dont le nombre n’excèdera pas quatre ; et dans chacun desquels la cour suprême siègera deux fois par an, à tel lieu qui sera fixé par l’Assemblée Générale. Et

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M ISSOURI sitting in either district, it shall exercise jurisdiction over causes originating in that district only; provided, however, that the general assembly may at any time hereafter direct by law, that the said court shall be held at one place only.

lorsqu’elle siègera dans un district, sa jurisdiction s’étendra seulement, sur toutes les causes, qui y seront intentées. Néanmoins l’Assemblée Générale pourra par une loi, ordonner que les dites cours siègeront dans un endroit seulement.

S ECT. 6. The circuit court shall have jurisdiction over all criminal cases which shall not be otherwise provided for by law; and exclusive original jurisdiction in all civil cases which shall not be cognizable before justices of the peace, until otherwise directed by the general assembly. It shall hold its terms in such place in each county as may be by law directed.

S ECT. 6. La cour de circuit connaîtra de tous les cas criminels, auxquels il n’aura pas été pourvu autrement par la loi ; et elle connaîtra en première instance de toutes les causes civiles qui ne seront point de la compétence des juges de paix, jusqu’à ce qu’il en soit autrement ordonné par l’Assemblée Générale. Elle siègera, dans chaque comté, au lieu qui sera désigné par la loi.

S ECT. 7. The state shall be divided into convenient circuits, for each of which a judge shall be appointed, who, after his appointment, shall reside, and be a conservator of the peace within the circuit for which he shall be appointed.

S ECT. 7. L’Etat sera divisé en circuits convenables, pour chacun desquels il sera nommé un juge, qui sera tenu de résider dans son district, et sera conservateur de la paix partout le district, pour lequel il aura été nommé.

S ECT. 8. The circuit courts24 shall exercise a superintending control over all such inferior tribunals as the General Assembly may establish, and over justices of the peace in each county in their respective circuits.

S ECT. 8. La cour de circuit26 exercera une autorité mercuriale sur tous les tribunaux inférieurs, qui pourront être établis par l’Assemblée Générale, et sur tous les juges de paix de chaque comté, dans leur district respectif.

S ECT. 9. The jurisdiction of the court of chancery shall be co-extensive with the state, and the times and places of holding its sessions shall be regulated in the same manner as those of the supreme court.

S ECT. 9. La jurisdiction de la cour de Chancellerie s’étendra sur tout l’Etat, et le tems et lieu de ses sessions seront réglés de la même manière qu’à l’égard de la cour suprême.

S ECT. 10. The court of chancery shall have original and appellate jurisdiction in all matters of equity, and a general control over executors, administrators, guardians and minors, subject to appeal, in all cases, to the supreme court, under such limitations as the general assembly may by law provide.

S ECT. 10. La cour de chancellerie aura jurisdiction en seconde et première instance, sur tous les cas d’équité, ainsi que la surveillance générale sur tous les exécuteurs testamentaires, les administrateurs de successions, les tuteurs et les mineurs : sujette dans tous les cas, à appel à la cour suprême, sous telles restrictions qui seront pourvues par l’Assemblée Générale.

S ECT. 11. Until the general assembly shall deem it expedient to establish inferiour

S ECT. 11. Jusqu’à ce que l’Assemblée Générale juge à propos, d’établir des cours

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C ONSTITUTION OF M ISSOURI (1820) courts of chancery, the circuit courts shall have jurisdiction in matters of equity, subject to appeal to the court of chancery, in such manner, and under such restrictions, as shall be prescribed by law.

de chancellerie inférieure, les cours de circuit auront jurisdiction en matière d’équité, sujette à appel à la cour de chancellerie, de telle manière, et sous telles restrictions, qui seront prescrites par la loi.

S ECT. 12. Inferiour tribunals shall be established in each county for the transaction of all county business; for appointing guardians; for granting letters testamentary, and of administration; and for settling the accounts of executors, administrators and guardians.

S ECT. 12. Des tribunaux inférieurs seront établis dans chaque comté, pour l’ajustement de toutes les affaires de comté ; pour nommer des tuteurs, pour accorder des lettres testamentaires et d’administration, et pour régler les comptes des exécuteurs, des administrateurs et des tuteurs.

S ECT. 13. The governour shall nominate, and, by and with the advice and consent of the senate, appoint the judges of the superior25 court, the judges of the circuit courts, and the chancellor, each of whom shall hold his office during good behaviour, and shall receive for his services a compensation which shall not be diminished during his continuance in office, and which shall not be less than two thousand dollars annually.

S ECT. 13. Le Gouverneur, par et avec l’avis et le consentement du Sénat, nommera les juges de la cour supérieure, ceux des cours de circuit et le chancelier ; chacun desquels possédera son office, durant bonne conduite ; et recevra pour ses services une compensation, qui ne pourra pas être diminuée, pendant le tems qu’il continuera en office, et ne pourra pas être moindre de deux milles piastres par an.

S ECT. 14. No person shall be appointed a judge of the supreme court, nor of a circuit court, nor chancellor, before he shall have attained to the age of thirty years; nor shall any person continue to exercise the duties of any of said offices after he shall have attained to the age of sixty-five years.

S ECT. 14. Nul ne sera nommé juge de la cour suprême, de la cour de circuit, ni chancelier, avant qu’il ait atteint l’âge de trente ans ; et nul ne pourra continuer l’exercice des offices et dessus, après qu’il aura atteint l’âge de soixante cinq ans.

S ECT. 15. The courts respectively shall appoint their clerks, who shall hold their offices during good behaviour. For any misdemeanor in office they shall be liable to be tried and removed by the supreme court, in such manner as the general assembly shall by law provide.

S ECT. 15. Les cours, respectivement, nommeront leur gref-fier, qui exercera durant bonne conduite. Dans le cas de malversation, ils seront sujets à accusation devant la cour suprême ; et à être déplacés par elle, de la manière que l’Assemblée Générale y pourvoira par une loi.

S ECT. 16. Any judge of the supreme court or of26 the circuit court, or the chancellor, may be removed from office on the address of two thirds of each house of the general assembly to the governour for that purpose; but each house shall state on its respec-

S ECT. 16. Tout juge, soit de la cour suprême, soit de la cour de circuit, ou le chancelier pourra être mis hors d’office, sur une adresse à cet effet, des deux tiers des membres de chaque Chambre de l’Assemblée Générale au Gouverneur ; mais

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M ISSOURI tive journal the cause for which it shall wish the removal of such judge or chancellor, and give him notice thereof, and he shall have the right to be heard in his defence in such manner as the general assembly shall by law direct; but no judge nor chancellor shall be removed in this manner for any cause for which he might have been impeached.

chaque Chambre sera tenue d’insérer la cause pour laquelle elle désirera le remplacement de tel juge ou du chancelier, et de lui en donner avis ; et il aura le droit, de la manière qui sera prescrite par la loi, d’être entendu en sa défense ; mais nul juge ni chancelier ne sera déplacé de cette manière, pour aucune cause, pour laquelle il pourrait avoir été accusé par empeachment.

S ECT. 17. In each county there shall be appointed as many justices of the peace as the public good may be thought to require. Their powers and duties, and their duration in office shall be regulated by law.

S ECT. 17. Il sera nommé dans chaque comté, autant de juge de paix que le bien public pourra le requérir. Leurs pouvoirs, leurs devoirs et le tems qu’ils resteront en office, seront réglés par la loi.

S ECT. 18. An attorney-general shall be appointed by the governour, by and with the advice and consent of the senate. He shall remain in office four years, and shall perform such duties as shall be required of him by law.

S ECT. 18. Le Gouverneur nommera un avocat général, par et avec l’avis et le consentement du Sénat. Il restera en office pendant quatre ans, et remplira tels devoirs, qui seront requis de lui par la loi.

S ECT. 19. All writs and process shall run, and all prosecutions shall be conducted, in the name of the “State of Missouri;” all writs shall be tested by the clerk of the court from which they shall be issued, and all indictments shall conclude, “against the peace and dignity of the state.”

S ECT. 19. Tous les ordres et exploits (writs and process) et toutes les procédures porteront le titre et seront conduites au nom de “l’Etat du Missouri :” tous les ordres seront certifiés, par le greffier de la cour de laquelle ils seront issus : et tous les actes d’accusation (indictments) conclueront “contre la paix et dignité de l’Etat.[”]

ARTICLE VI

ARTICLE VI

Of Education

De l’éducation

S ECT. 1. Schools and the means of education shall forever be encouraged in this state; and the general assembly shall take measures to preserve from waste or damage such lands as have been, or hereafter may27 be granted by the United States for the use of schools within each township in this state, and shall apply the funds which may arise from such lands in strict conformity to the object of the grant; and one school, or more,

S ECT. 1. Les écoles et moyens d’éducation seront toujours encouragés dans cet Etat, et l’Assemblée Générale prendra toutes les mesures nécessaires, pour préserver de dommages et de dilapidations, les terres qui ont été accordées, ou qui peuvent par la suite l’être, par les Etats Unis, pour l’usage des écoles, dans chacune des townships de cet Etat ; et fera l’application des fonds qui pourront en résulter, en se confor-

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C ONSTITUTION DU M ISSOURI (1820) shall be established in each township as soon as practicable and necessary, where the poor shall be taught gratis.

mant strictement à l’objet de la donation : et une école ou plusieurs seront établies dans chaque township, aussitôt que cela sera praticable et nécessaire, où le pauvre sera instruit gratis.

S ECT. 2. The general assembly shall take measures for the improvement of such lands as have been, or hereafter may be granted by the United28 States to this state for the support of a seminary of learning; and the funds accruing from such lands, by rent or lease, or in any other manner, or which may be obtained from any other source for the purposes aforesaid, shall be and remain a permanent fund to support a university for the promotion of literature, and of the arts and sciences; and it shall be the duty of the general assembly, as soon as may be, to provide effectual means for the improvement of such lands, and for the improvement29 and permanent security of the funds and endowments of such institution.

S ECT. 2. L’Assemblée Générale prendra des mesures pour l’amélioration des terres qui ont été accordées ou qui pourraient, par la suite, l’être par les Etats Unis, pour le soutien d’un collège ou académie, et les fonds qui procéderont de ces terres, soit par rente ou bail ou autrement, ou qui pourront être obtenues de toute autre source, pour le même objet, devront rester et resteront comme un fond permanent, pour le soutien d’une université, pour l’encouragement de la littérature, des arts et des sciences : et il sera du devoir de l’Assemblée Générale, aussitôt que possible, de prendre des moyens efficaces, pour l’amélioration27 , et pour la sureté permanente des fonds et dotations de cette institution.

ARTICLE VII

ARTICLE VII

Of Internal Improvement

Amélioration intérieure

Internal improvement shall forever be encouraged by the government of this state; and it shall be the duty of the general assembly, as soon as may be, to make provision by law for ascertaining the most proper objects of improvement in relation both to roads and navigable waters; and it shall also be their30 duty to provide by law for a systematick und economical application of the funds appropriated to these31 objects.

L’amélioration intérieure devra toujours être encouragée par le gouvernement de cet Etat, et il sera du devoir de l’Assemblée Générale, aussitôt que possible, de passer une loi qui détermine les objets d’amélioration les plus convenables, tant relativement aux routes, qu’aux eaux navigables ; et il sera aussi de son devoir de pourvoir par une loi, à l’application systématique et économique des fonds appropriés à ces objets.

ARTICLE VIII

ARTICLE VIII

Of Banks

Des banques

The general assembly may incorporate one banking company, and no more to be in operation at the same time.

L’Assemblée Générale pourra incorporer une compagnie de banque, et pas plus d’une ne pourra être en opération dans le même tems. 241

M ISSOURI The bank to be incorporated may have any number of branches, not to exceed five to be established by law; and not more than one branch shall be established at any one session of the general assembly. The capital stock of the bank to be incorporated shall never exceed five millions of dollars, at least one half of which shall be reserved for the use of the state.

La banque qui devra être incorporée, pourra avoir tel nombre de branches que ce soit ; et l’Assemblée Générale ne pourra, dans une cession, établir qu’une seule branche à la fois. Le fonds capital de la banque qui devra être incorporée, ne pourra jamais excéder cinq millions de piastres ; et au moins la moitié sera réservée pour l’usage de l’Etat.

ARTICLE IX

ARTICLE IX

Of the Militia

De la milice

S ECT. 1. Field officers and company officers shall be elected by the persons subject to militia duty within their respective commands. Brigadiers general shall be elected by the field officers of their respective brigades; and majors general by the brigadiers and field officers of their respective divisions, until otherwise directed by law.

S ECT. 1. Les officiers d’état-major de régiment et de compagnie28 seront élus par les personnes sujettes aux devoirs de la milice dans leur commandement respectif. Les brigadiers généraux seront élus par les officiers d’état-major de leur brigade respective, et les major-généraux par les brigadiers et officiers d’état-major de leur division respective, jusqu’à ce qu’il en soit autrement ordonné par la loi.

S ECT. 2. General and field officers shall appoint their officers of the staff.

S ECT. 2. Les généraux et officiers d’étatmajor, nommeront les officiers de leur étatmajor particulier.

S ECT. 3. The Governour shall appoint an adjutant general, and all other militia officers whose appointments are not otherwise provided for in this constitution.

S ECT. 3. Le Gouverneur nommera un adjudant général et tous les autres officiers, pour la nomination desquels il n’est pas pourvu dans cette constitution.

ARTICLE X

ARTICLE X

Of Miscellaneous Provisions

Clauses ou provisions générales

S ECT. 1. The general assembly of this state shall never interfere with the primary disposal of the soil by the United States, nor with any regulation congress may find necessary for securing the title in such soil to the bona-fide purchasers. No tax shall be imposed on lands the property of the United States, nor shall lands belonging to persons

S ECT. 1. L’Assemblée Générale de cet Etat ne devra point s’immiscer dans la disposition primitive du sol, faite par les Etats Unis, ni dans aucun règlement que le Congrès jugera à propos de faire pour en assurer le droit aux acheteurs de bonne foi. Nulle taxe ne sera imposée sur les terres des Etats Unis ; et celles appartenantes à des per-

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C ONSTITUTION OF M ISSOURI (1820) residing out of the limits of this state ever be taxed higher than the lands belonging to persons residing within the state.

sonnes résidentes hors de cet Etat, ne seront jamais taxées plus haut, que celles appartenantes à des personnes qui y résideront.

S ECT. 2. The state shall have concurrent jurisdiction on the river Mississippi, and on every other river bordering on the said state, so far as the said river shall form a common boundary to the said state and any other state or states now, or hereafter to be formed, and bounded by the same; and the said river Mississippi, and the navigable rivers and waters leading into the same, whether bordering on or within this state, shall be common highways, and forever free to the citizens of this state and of the United States, without any tax, duty, impost or toll therfor imposed by the state.

S ECT. 2. L’Etat aura concurrente jurisdiction sur le Mississippi et sur toutes les rivières qui sont limitrophes, et partout où elles sont limites communes entre cet Etat, et tout autre adjacent et existant à présent, ou partout où elles le deviendront avec les Etats adjacens, qui seront formés par la suite. Et le Mississippi, ainsi que les rivières qui en sont tributaires, soit limitrophes ou intérieures, seront des grands chemins communs et pour toujours libres à tous les citoyens de cet Etat et des Etats Unis ; et aucune taxe, aucun droit, impôt ou péage ne sera établi par l’Etat.

ARTICLE XI

ARTICLE XI

Of the Permanent Seat of Government

Du siège permanent du gouvernement

S ECT. 1. The general assembly at their first session shall appoint five commissioners for the purpose of selecting a place for the permanent seat of government, whose duty it shall be to select four sections of the land of the United States which shall not have been exposed to public sale.

S ECT. 1. L’Assemblée Générale, à sa première session, nommera cinq commissaires, à l’effet de choisir un lieu pour y établir le siège permanent du gouvernement ; et il sera de leur devoir de prendre, par préférence, quatre sections des terres des Etats Unis, qui n’auront pas été exposées en vente publique.

S ECT. 2. If the commissioners believe the four sections of land so by them to be selected be not a suitable and proper situation for the permanent seat of government, they shall select such other place as they deem most proper for that purpose, and report the same to the general assembly at the time of making their report provided for in the first section of this article; provided, that no place shall be selected which is not situated on the bank of the Missouri river, and within forty miles of the mouth of the river Osage.

S ECT. 2. Si les commissaires pensent, que les quatre sections de terres qui doivent être choisies par eux, n’offrent pas une situation propre et convenable pour le siège du gouvernement permanent, ils choisiront tel autre endroit, qui leur paraîtra le plus convenable ; et en feront leur rapport à l’Assemblée Générale : (à l’époque qu’ils devront le faire, ainsi qu’il est prévu dans la première section de cet article,) pourvu que nulle place ne soit choisie, à moins qu’elle ne soit sur les bords du Missouri,

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M ISSOURI et dans l’espace de quarante milles de l’embouchure de la rivière des Osages. S ECT. 3. If the general assembly determine that the four sections of land which may be selected by authority of the first section of this article be a suitable and proper place for the permanent seat of government, the said commissioners shall lay out a town thereon, under the direction of the general assembly; but if the general assembly deem it most expedient to fix the permanent seat of government at the place to be selected by authority of the second section of this article, they shall so determine, and in that event shall authorize the said commissioners to purchase any quantity of land, not exceeding six hundred and forty acres, which may be necessary for the purpose aforesaid; and the place so selected shall be the permanent seat of government of this state from and after the first day of October, one thousand eight hundred und twenty-six.

S ECT. 3. Si l’Assemblée Générale détermine que les quatre sections de terre, qui doivent être choisies, en vertu de la première section de cet article, sont propres et convenables pour le siège permanent du Gouvernement, les dits commissaires le diviseront en lot de ville, sous la direction de l’Assemblée Générale. Mais, si la dite assemblée pense, qu’il est à propos de placer le siège permanent du Gouvernement au lieu à choisir, en vertu de la seconde section de cet article, elle le fera, et dans ce cas, elle autorisera les commissaires à acheter telle quantité de terre, n’excèdant pas six cents quarante âcres, qui pourra être nécessaire pour cet objet ; et le lieu ainsi choisi, sera le siège permanent du Gouvernement de cet Etat, après le 1er Octobre mil huit cent vingt six.

S ECT. 4. The general assembly, in selecting the above mentioned commissioners, shall choose one from each extreme part of the state, and one from the centre, and it shall require the concurrence of at least three of the commissioners to decide upon any part of the duties assigned them.

S ECT. 4. L’Assemblée Générale, en choisissant les commissaires dont il est fait mention ci dessus, en prendra un de chaque extrémité et un du centre de l’Etat ; et la concurrence d’au moins trois d’entre eux, sera requise pour décider sur quoique ce soit, des devoirs qui leur sont assignés.

ARTICLE XII

ARTICLE XII

Mode of Amending the Constitution

Mode d’amender la constitution

The general assembly may at any time propose such amendments to this constitution as two thirds of each house shall deem expedient, which shall be published in all the newspapers published in this state three several times, at least twelve months before the next general election; and if at the first session of the general assembly after such general election, two thirds of each house shall, by yeas and nays, ratify such proposed

L’Assemblée Générale peut, dans tous tems, proposer tels amendemens à la constitution, que deux tiers de chaque chambre jugeront à propos ; lesquels seront insérés dans tous les papiers-nouvelles, publiés dans cet Etat, à trois fois différentes, au moins un an avant l’élection générale qui devra suivre ; et si, à la première session de l’Assemblée Générale après une telle élection générale ; deux tiers de chaque chambre

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C ONSTITUTION DU M ISSOURI (1820) amendments, they shall be valid to all intents and purposes as parts32 of this constitution; provided that such proposed amendments shall be read on three several days, in each house, as well when the same are proposed, as when they are finally ratified.

ratifie, par oui et par non, les amendemens proposés, ils deviendront valides, dans toute l’étendue de leur signification et objet : pourvu que ces amendemens soient lus trois jours différens, dans chaque chambre, aussi bien lorsqu’ils seront proposés, que lorsqu’ils seront finalement ratifiés.

ARTICLE XIII

ARTICLE XIII

Declaration of Rights

Déclaration des droits

That the general, great and essential principles of Liberty and free Government may be recognized and established, WE DE CLARE,

Afin que les grands et essentiels principes généraux de la liberté et du gouvernement libre puissent être reconnus et établis – Nous Déclarons :

1. That all political power is vested in, and derived from the people:

1o. Que tout pouvoir politique est dans le peuple, et est dérivé du peuple :

2. That the people of this state have the inherent, sole and exclusive right of regulating the internal government and police thereof, and of altering and abolishing their constitution and form of government whenever it may be necessary to their safety and happiness.

2o. Que le peuple de cet Etat a le droit inhérent, particulier et exclusif de régler son gouvernement intérieur et sa police et d’altérer et abolir sa constitution, lorsque cela devient nécessaire à sa sureté ou à son bonheur :

3. That the people have the right peaceably to assemble for their common good, and to apply to those vested with the powers of government for redress of grievances, by petition or remonstrance; and that their right to bear arms in defence of themselves and of the state cannot be questioned:

3o. Que le peuple a le droit de s’assembler paisiblement, pour le bien commun ; et de s’adresser, soit par pétition ou par représentation, à ceux qui sont revêtus des pouvoirs du gouvernement, afin d’obtenir réparation de griefs ; et que le droit de porter les armes pour sa propre défense et celle de l’Etat, ne peut pas être mis en question :

4. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man can be compelled to erect, support or attend any place of worship, or to maintain any minister of the gospel or teacher of religion; that no human authority can controul or interfere with the rights of conscience; that no person can ever be hurt, molested or restrained in his religious pro-

4o. Que tous les hommes ont un droit indéfectible29 , d’adorer dieu, suivant les impulsions de leur propre conscience ; que nul n’est obligé d’ériger aucun temple, ni de contribuer à l’édification d’aucun, ni de se rendre à aucun lieu de prières ; ni de supporter aucun ministre de l’église, ni aucune personne enseignant des dogmes de religion ; que personne ne peut jamais être injurié, molesté ou restraint, dans l’exercice de sa

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M ISSOURI fession33 or sentiments, if he do not disturb others in their religious worship:

religion ou pour ses sentimens, pourvu qu’il ne trouble point les autres, dans leur culte religieux :

5. That no person on account of his religious opinions, can be rendered ineligible to any office of trust or profit under this state; that no preference can ever be given by law to any sect or mode of worship; and that no religious corporation can ever be established in this state:

5. Que personne, pour cause d’opinions religieuses, ne peut être rendu inéligible à aucun office de confiance ou de profit dans cet Etat ; qu’aucune préférence ne peut jamais être donnée par la loi, à aucune secte ou sorte de culte30 ; et que nulle corporation religieuse ne pourra jamais être établie dans cet Etat :

6. That all elections shall be free and equal:

6. Que toutes les élections doivent être libres et égales :

7. That courts of justice ought to be open to every person, and certain remedy afforded for every injury to person, property or character; and that right and justice ought to be administered without sale34 , denial or delay; and that no private property ought to be taken or applied to publick use without just compensation:

7. Que les cours de justice doivent être ouvertes à tout le monde, et de certains redressemens être accordés à tout le monde, pour les griefs commis contre la personne, la propriété ou le caractère : que le droit et la justice doivent être administrée sans faute, déni ou délai : que nulle propriété particulière ne doit être prise ou appliquée à l’usage public, sans une juste compensation.

8. That the right of trial by jury shall remain inviolate:

8. Que le droit à une procédure par juri restera inviolable.

9. That in all criminal prosecutions, the accused has the right to be heard by himself and his counsel; to demand the nature and cause of accusation; to have compulsory process for witnesses in his favour; to meet the witnesses against him face to face; and, in prosecutions on presentment or indictment, to a speedy trial by an impartial jury of the vicinage; that the accused cannot be compelled to give evidence against himself, nor be deprived of life, liberty or property but by the judgment of his peers or the law of the land:

9. Que dans toutes les procédures criminelles, l’accusé aura le droit d’être entendu par lui même et par son défenseur ; (ou conseil) de demander qu’elle est la nature et la cause d’accusation, et d’obtenir des moyens coercitifs, pour les témoins en sa faveur ; d’être présent face à face avec les témoins ; et dans les procédures criminelles ou actes d’accusation par presentment ou indictment, il aura droit à une prompte procédure, par un juri impartial du voisinage : que l’accusé ne peut être contraint de donner preuves contre lui même ; ni ne peut être privé de la vie, de la liberté ou de sa propriété, qu’en vertu d’un jugement de ses pairs, ou par la loi du pays.

10. That no person, after having been once acquitted by a jury, can, for the same

10. Que personne, après avoir été, une fois acquitté par un juri, ne peut, pour la

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C ONSTITUTION OF M ISSOURI (1820) offence, be again put in jeopardy of life or limb, but if in any criminal prosecution the jury be divided in opinion at the end of the term, the court before which the trial shall be had, may, in its discretion, discharge the jury, and commit or bail the accused for trial at the next term of such court:

même cause, être mis de rechef au hasard de sa vie ou de ses membres ; mais dans toutes les procédures criminelles, lorsque les jurés seront divisés d’opinion, à la fin du terme, la cour devant laquelle le procès sera pendant, pourra à sa discrétion, décharger le juri, et mander en prison l’accusé, ou l’admettre à caution, pour avoir son procès fait, par la même cour, à la session suivante.

11. That all persons shall be bailable by sufficient sureties, except for capital offences when the proof is evident or the presumption great: and the privilege of the writ of Habeas Corpus cannot be suspended, unless when in cases of rebellion or invasion the publick safety may require it:

11. Que toute personne aura le droit d’être élargie à bonne caution, excepté en cas de crime capital, dont la preuve paraîtra évidente ou la présomption grande ; et le privilège du writ d’Habeas Corpus ne peut être suspendu, à moins que, dans les cas de rébellion ou d’invasion, la sureté publique ne le requière.

12. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted:

12. Qu’aucun cautionnement excessif ne sera requis, qu’aucune amende excessive ne sera imposée, et qu’aucune punition cruelle et inusitée ne sera infligée :

13. That the people ought to be secure in their persons, papers, houses and effects from unreasonable searches and seizures; and no warrant to search any place or to35 seize any person or thing can issue, without describing the place to be searched, or the person or thing to be seized, as nearly as may be, nor without probable cause supported by oath or affirmation:

13. Que le peuple doit être garanti dans sa personne, ses papiers sa maison et ses effets, contre toute recherche ou saisie irrésonnable ; et que nul ordre à l’effet de chercher quelque part, ou à l’effet de saisir une personne ou une chose, ne devra être émis, sans décrire l’endroit qui devra être visité, ou la personne ou chose qui devra être saisie ; ni sans cause probable, soutenue par serment ou affirmation :

14. That no person can, for an indictable offence, be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or publick danger, or by leave of the court, for oppression or misdemeanor in office.

14. Que nulle personne ne peut être poursuivie par voie d’information pour délits criminels, dans les cas que demandent un acte d’accusation par indictment,31 excepté dans les cas de ceux qui auront été commis dans l’armée ou dans la marine de l’Etat ; ou bien dans la milice ; lorsqu’elle sera en service actif, en tems de guerre ou de danger ; ou encore par permission de la cour, dans les cas d’oppression ou de prévarication en office.

15. That treason against the state can consist only in levying war against it, or in ad-

15. Que la trahison contre l’Etat ne peut consister, qu’à se mettre en guerre contre

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M ISSOURI hering to its enemies, giving them aid and comfort; that no person can be convicted of treason unless on the testimony of two witnesses to the same overt act, or on his own confession in open court; that no person can be attainted of treason or felony by the general assembly; that no conviction can work corruption of blood or forfeiture of estate; that the estates of such persons as may destroy their own lives shall descend or vest as in cases of natural death; and when any person shall be killed by casualty there ought to be no forfeiture by reason thereof:

l’Etat ; ou en adhérant à ses ennemis, en leur donnant aide et soutien : que nul ne pourra être convaincu de trahison que sur le témoignage de deux témoins, qui attestent la publicité du même acte, fait ouvertement ; ou, par confession en pleine cour : que nulle personne ne peut être atteinte de trahison ou de félonie par l’Assemblée Générale : qu’aucune conviction ne peut rendre inhabile à hériter, ni entraîner confiscation de biens : que les biens des suicides passeront et seront héréditaires, comme en cas de mort naturelle ; et que si une personne est tuée, par cas fortuit, il ne devra pas y avoir confiscation pour cela.

16. That the free communication of thoughts and opinions is one of the invaluable rights of man, and that every person may freely speak, write and print on any subject, being responsible for the abuse of that liberty; that in all prosecutions for libels, the truth thereof may be given in evidence, and the jury may determine the law and the facts, under the direction of the court:

16. Que la libre communication des pensées et des opinions est un des inappréciables droits de l’homme, que toute personne peut parler, écrire ou imprimer librement sur tout sujet, étant responsable des abus de cette liberté : que dans toute action pour libelle, la vérité du fait pourra être donnée en preuve, et le juri prononcera sur le fait et sur la loi, sous la direction de la cour.

17. That no ex-post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, can be passed, nor can the person of a debtor be imprisoned for debt after he shall have surrendered his property for the benefit of his creditors, in such manner as may be prescribed by law:

17. Que nulle loi ex post facto, nulle loi affectant les obligations de contracts, ou rétroactive dans ses effets, ne peut être passée ; et que la personne d’un débiteur ne pourra être emprisonnée pour dettes, après qu’il aura fait cession de biens au profit de ses créanciers, de telle manière qui pourra être prescrite par la loi.

18. That no person who is religiously scrupulous of bearing arms, can be compelled to do so, but may be compelled to pay an equivalent for military service, in such manner as shall be prescribed by law; and that no priest, preacher of the gospel, or teacher of any religious persuasion or sect, regularly ordained as such, be subject to militia duty, or compelled to bear arms:

18. Que qui que soit, qui, par religion, sera scrupuleux de porter les armes, ne pourra y être contraint ; mais qu’il pourra l’être de payer un équivalent pour services militaires, de telle manière qui sera prescrite par la loi ; et que nul prêtre ou prédicateur de l’évangile, ou qui que ce soit enseignant une doctrine de religion ou de secte, et régulièrement ordonné comme tel, ne sera32 contraint de porter les armes.

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C ONSTITUTION DU M ISSOURI (1820) 19. That all property subject to taxation in this state shall be taxed in proportion to its value:

19. Que toute propriété sujette à taxation33 , sera taxée en proportion de sa valeur.

20. That no title of nobility, hereditary emolument, privilege or distinction shall be granted, nor any office created the duration of which shall be longer than the good behaviour of the officer appointed to fill the same:

20. Que nul titre de noblesse, émolument héréditaire, privilège ou distinction, ne sera accordé, et qu’aucun office ne sera créé, dont la durée s’étendra au delà de la bonne conduite, de celui qui y aura été nommé.

21. That migration from this state cannot be prohibited:

21. Que l’émigration de cet Etat ne peut être prohibée.

22. That the military is, and in all cases and at all times shall be in strict subordination to the civil power; that no soldier can, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in such manner as may be prescribed by law; nor can any appropriation for the support of an army be made for a longer period than two years:

22. Que le militaire est, et sera34 dans tous les tems, soumis à l’autorité civile ; que nul soldat ne peut, en tems de paix, être logé dans aucune maison, sans le consentement du propriétaire ; ni en tems de guerre, que suivant la manière qui sera prescrite par la loi ; et que nulle appropriation pour le soutien d’une armée, ne pourra être faite, pour une plus longue période que deux ans.

SCHEDULE

ARTICLES ADDITIONNELS35

S ECT. 1. That no inconvenience may arise from the change of government, we declare that all writs, actions, prosecutions, judgments, claims and contracts of individuals and of bodies corporate shall continue as if no change had taken place; and all process which may, before the third Monday in September next, be issued under the authority of the Territory of Missouri, shall be as valid as if issued in the name of the state.

S ECT. 1. Afin qu’il ne résulte aucun inconvénient du changement de gouvernement, nous déclarons que, tout ordre ou exploit, toute action ou poursuite, tout jugement, toute réclamation et tout contrat d’individus ou de société agrégée, continuera son effet, comme si aucun changement n’avait eu lieu. Et toute procédure qui pourra être issue avant le troisième lundi de Septembre, sous l’autorité du Territoire du Missouri, sera aussi valide que si elle l’eut été au nom de l’Etat.

S ECT. 2. All laws now in force in the Territory of Missouri which are not repugnant to this constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the general assembly.

S ECT. 2. Toutes les lois à présent en force dans le Territoire du Missouri, et qui ne sont point répugnantes à cette constitution, demeureront en force jusqu’à ce qu’elles expirent en vertu de leur propre limitation, ou qu’elles soient altérées ou rappelées par l’Assemblée Générale.

S ECT. 3. All fines, penalties, forfeitures

S ECT. 3. Toute amende, peine pécunière

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M ISSOURI and escheats accruing to the Territory of Missouri, shall accrue to use of the state.

et aubaine devant accroître au Territoire du Missouri, accroîtra à l’Etat.

S ECT. 4. All recognizances heretofore taken, or which may be taken before the third Monday in September next, shall remain valid, and shall pass over to, and may be prosecuted in the name of the state; and all bonds executed to the governour of the territory, or to any other officer or court in his official capacity, shall pass over to the governour or other proper state authority, and to their successors in office, for the uses therein respectively expressed, and may be sued36 for and recovered accordingly. All criminal prosecutions and penal actions which have arisen, or which may arise before the third Monday in September next, and which shall then be depending, shall be prosecuted to judgment and execution in the name of the state. All actions at law which now are, or which, on the third Monday in September next, may be depending in any of the courts of record in the Territory of Missouri, may be commenced in, or transferred to any court of record of the state which shall have jurisdiction of the subject matter thereof; and all suits in equity may, in like manner, be commenced in, or transferred to the court of chancery.

S ECT. 4. Toute reconnaissance, précédemment entrée devant une autorité, ou qui le sera avant le troisième lundi de Septembre prochain, restera valide, passera au profit de l’Etat, et pourra être poursuivie en son nom ; toute obligation consentie au Gouverneur du Territoire, à tout autre officier ou à que cour, en leur capacité36 , écherra au Gouverneur de l’Etat ou à toute autre personne légale, ou à leurs successeurs en office, pour les fins y respectivement ex primées, et pourront conformément être mise en usage et être poursuivies pour payement. Toute procédure criminelle ou poursuite pénale déjà commencée, ou qui pourrait être commencée avant le troisième lundi de Septembre prochain, et qui sera pendante, sera poursuivie au nom de l’Etat, à l’effet d’obtenir jugement et exécution. Toute procédure civile, à présent pendante, ou qui le sera à l’époque du troisième lundi de Septembre prochain, pourra être commencée ou transférée à toute autre cour de l’Etat ayant greffe, et dont l’affaire relevera. Et toute affaire d’équité, de la même manière, pourra être commencée ou transferée à la cour de chancellerie.

S ECT. 5. All officers civil and military now holding commissions under authority of the United States, or of the Territory of Missouri, shall continue to hold and exercise their respective offices until they shall be superceded under the authority of the state; and all such officers holding commissions under the authority of the Territory of Missouri shall receive the same compensation which they have hitherto received, in proportion to the time they shall be so employed.

S ECT. 5. Tous les officiers civils ou militaires, brevetés, soit par l’autorité des Etats Unis ou par l’autorité du Territoire du Missouri, resteront en office et continueront d’en exercer les fonctions, jusqu’à ce qu’ils soient remplacés en vertu de l’autorité de l’Etat ; et recevront, proportionnément au tems, la même compensation, à la quelle ils ont eu droit jusqu’à présent.

S ECT. 6. The first meeting of the general assembly shall be at St. Louis, with power to adjourn to any other place; and the general

S ECT. 6. La première Assemblée Générale aura lieu à St. Louis avec pouvoir de se transférer dans tout autre lieu ; et

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C ONSTITUTION OF M ISSOURI (1820) assembly at the first session thereof, shall fix the seat of government until the first day of October, eighteen37 hundred and twenty-six; and the first session of the general assembly shall have power to fix the compensation of the members thereof, any thing in the constitution to the contrary notwithstanding.

l’Assemblée Générale, dans sa première session devra fixer le siège du Gouvernement jusqu’au premier d’Octobre mil huit cent vingt six ; et l’Assemblée Générale à sa première session, aura aussi le pouvoir de statuer sur la compensation de ses membres ; nonobstant toute chose à ce contraire dans la constitution.

S ECT. 7. Until the first enumeration shall be made, as directed in this constitution, the county of Howard shall be entitled to eight representatives; the county of Cooper to four representatives; the county of Montgomery to two representatives; the county of Lincoln to one representative; the county of Pike to two representatives; the county of St. Charles to three representatives; the county of St. Louis to six representatives; the county of Franklin to two representatives; the county of Jefferson to one representative; the county of Washington to two representatives; the county of Ste.38 Genevieve to four representatives; the county of Cape Girardeau to four representatives; the county of New Madrid to two representatives; the county of Madison to one representative; the county of Wayne to one representative; and that part of the county of Lawrence situated within this state, shall attach to, and form part of the county of Wayne until otherwise provided by law, and the sheriff of the county of Wayne shall appoint the judges of the first election, and the place of holding the same, in the part thus attached: and any person who shall have resided within the limits of this state five months previous to the adoption of this constitution, and who shall be otherwise qualified as prescribed in the third section of the third article thereof, shall be eligible to the house of representatives, any thing in this constitution to the contrary notwithstanding.

S ECT. 7. Jusqu’à ce que la première énumération soit faite conformément à la constitution, le comté de Howard aura droit d’envoyer huit représentans, le comté de Cooper quatre représentans, le comté de Montgomery deux représentans, le comté de Lincoln un représentant, le comté de Pike deux représentans, le comté de St. Charles trois représentans, le comté de St. Louis six représentans, le comté de Franklin deux représentans, le comté de Jefferson un représentant, le comté de Washington deux représentans, le comté de Ste. Geneviève quatre représentans, le comté du Cap Girardeau quatre représentans, le comté de New Madrid deux représentans, le comté de Madison un représentant, et le comté de Waine un représentant ; et la partie du comté de Lawrence, située dans les limites de cet Etat, sera réunie au comté de Waine et en formera partie, jusqu’à ce qu’il en soit autrement ordonné par une loi ; et le sheriff du comté de Waine, nommera les juges de la première élection, et l’endroit où elle aura lieu dans la partie ainsi réunie ; et toute personne, ayant résidé dans les limites de cet Etat, cinq mois antérieurement à cette constitution, et qui d’ailleurs aura les qualités requises par la section 3, de l’article 3, sera éligible à la chambre des représentans, nonobstant toute chose à ce contraire, dans cette constitution.

S ECT. 8. For the first election of senators the state shall be divided into districts, and the apportionment shall be as follows,

S ECT. 8. Pour la première élection des sénateurs, l’Etat sera divisé en districts, et la répartition sera ainsi qu’il suit ; savoir ;

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M ISSOURI that is to say: the counties of Howard and Cooper shall compose one district, and elect four senators; the counties of Montgomery and Franklin shall compose one district, and elect one senator; the county of St. Charles shall compose one district, and elect one senator; the counties of Lincoln and Pike shall compose one district, and elect one senator; the county of St. Louis shall compose one district, and elect two senators; the counties of Washington and Jefferson shall compose one district, and elect one senator, the county of Ste.39 Genevieve shall compose one district, and elect one senator; the counties of Madison and Wayne shall compose one district, and elect one senator; the counties of Cape Girardeau and New Madrid shall compose one district, and elect two senators, and in all cases where a senatorial district consists of more than one county, it shall be the duty of the clerk of the county second named in that district to certify the returns of the senatorial election within their proper county to the clerk of the county first named, within five days after he shall have received the same: and any person who shall have resided within the limits of this state five months previous to the adoption of this constitution, and who shall be otherwise qualified as prescribed in the fifth section of the third article thereof, shall be eligible to the senate of this state, any thing in this constitution to the contrary notwithstanding.

les comtés de Howard et de Cooper formeront un district et éliront quatre sénateurs ; les comtés de Montgomery et de Franklin composeront un autre district et éliront un sénateur ; le comté de St. Charles composera un district et élira un sénateur ; les comtés de Lincoln et de Pike composeront un district et éliront un sénateur ; le comté de St. Louis composera un district et élira deux sénateurs ; les comtés de Washington et de Jefferson composeront un district et éliront un sénateur ; le comté de Ste. Geneviève composera un district et élira un sénateur ; les comtés de Madison et de Waine composeront un district et éliront un sénateur ; les comtés du Cap Girardeau et de New Madrid composeront un district et éliront deux sénateurs ; et dans tous les cas, où un district sénatorial sera composé de plus d’un comté, il sera du devoir du greffier du comté nommé en second, de faire, l’envoi du dépouillement de scrutin de l’élection sénatoriale de son comté au greffier du comté nommé, le premier, dans l’espace de cinq jours après qu’il l’aura reçu ; et toute personne qui aura résidé dans les limites de cet Etat, cinq mois avant l’adoption de cette constitution, et qui d’ailleurs aura les qualités requises par la Section 5, de l’art. 3, sera éligible au Sénat de cet Etat ; nonobstant toute chose à ce contraire dans cette constitution.

S ECT. 9. The president of the convention shall issue writs of election to the sheriffs of the several counties (or in case of vacancy to the coroners) requiring them to cause an election to be held on the fourth Monday in August next, for a governour; a lieutenantgovernour; a representative in the congress of the United States for the residue of the sixteenth congress; a representative for the seventeenth congress; senators and representatives for the general assembly; sheriffs,

S ECT. 9. Le président de la convention émettra des ordres d’élections, dirigés à tous les sheriffs des divers comtés (ou dans le cas où il n’y en aurait pas, au coroner) les requérant d’appeler à une élection qui aura lieu le quatrième lundi d’Août prochain, pour un gouverneur, un lieutenant gouverneur, un représentant au Congrès des Etats Unis pour le complément du tems du 16e Congrès, et un autre pour le 17e Congrès ; les sénateurs et représentans pour l’Assemblée Générale,

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C ONSTITUTION DU M ISSOURI (1820) and coroners; and the returns of all township elections held in pursuance thereof shall be made to the clerks40 of the proper county within five days after the day of election; and any person who shall reside within the limits of this state at the time of the adoption of this constitution, and who shall be otherwise qualified as prescribed in the tenth section of the third article thereof, shall be deemed a qualified elector, any thing in this constitution to the contrary notwithstanding.

les sheriffs et les coroners ; et l’envoi des dépouillemens de scrutins de toutes les townships qui auront eu lieu conformément aux dispositions ci incluses, seront faits aux greffiers des comtés respectifs, dans l’espace de cinq jours, à compter du jour de l’élection : et toute personne qui sera résidente dans les limites de cet Etat, à l’époque de l’adoption de cette constitution, et qui d’ailleurs aura les qualités requises dans la 10e section de l’article 3, aura qualité d’électeur, nonobstant toute chose à ce contraire dans cette constitution.

S ECT. 10. The elections shall be conducted according to the existing laws of the Missouri territory. The clerks of the circuit courts of the several counties shall certify the returns of the election of governour and lieutenant-governour, and transmit the same to the speaker of the house of representatives at the temporary seat of government, in such time that they may be received on the third Monday of September next. As soon as the general assembly shall be organized, the speaker of the house of representatives and the president pro-tempore of the senate shall, in the presence of both houses, examine the returns, and declare who are duly elected to fill those offices; and if any two or more persons shall have an equal number of votes and a higher number than any other person, the general assembly shall determine the election in the manner herein before provided; and the returns of the election for member of congress shall be made to the secretary of state within thirty days after the day of election.

S ECT. 10. Les élections seront conduites dans la forme prescrite par les lois du territoire du Missouri. Les greffiers des cours de circuit des différens comtés, certifieront les dépouillemens de scrutin pour l’élection du gouverneur et du llieutenant gouverneur, et les transmettront au président (speaker) de la Chambre des Représentans, au siège temporaire du gouvernement, assez tôt pour qu’ils puissent être reçus le troisième Lundi de Septembre prochain. Aussitôt qu l’Assemblée Générale sera organisée, le président (speaker) de la Chambre des Représentans, et le Président pro tempore du Sénat, en présence des deux chambres, examineront les dépouillemens de scrutin, et déclareront les personnes qui seront duement élues à ces offices : et si deux ou plusieurs personnes ont un nombre égal de votes et un plus grand que tout autre, l’Assemblée Générale déterminera l’élection de la manière ci-devant pourvue ; et les dépouillemens de scrutin de l’élection pour le député au Congrès, sera envoyé au secrétaire d’Etat, dans l’espace de trente jours, après le jour de l’élection.

S ECT. 11. The oaths of office herein directed to be taken, may be administered by any judge or justice of the peace, until the general assembly shall otherwise direct.

S ECT. 11. Le serment d’office ci-dedans requis sera administré par tel juge ou juge de paix que ce soit, jusqu’à ce qu’il en soit autrement ordonné par l’Assemblée Générale.

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M ISSOURI S ECT. 12. Until a seal of state be provided, the governour may use his private seal.41

S ECT 12. Jusqu’ à ce qu’il ait été possible de se procurer un seau de l’Etat, le gouverneur pourra faire usage de son cachet particulier.

David Barton, President of the Convention, and representative from the county of St. Louis.

DAVID BARTON, Président de la Convention et Représentant de Comté de St. Louis.

From the county of Cape Girardeau,

Du Comté du Cape Girardeau.

Stephen Byrd, Alexander Buckner42 , James Evans, Joseph Mc Ferron, Richard S. Thomas.

STEPHEN BYRD, ALEXANDER BUCKNER, JAMES EVANS, JOSEPH McFERRON, RICHARD S. THOMAS.

From the county of Cooper,

Du Comté de Cooper.

Robert P. Clark, William Lillard43 , Robt. Wallace.

ROBERT P. CLARK, ROBERT WALLACE. WILLIAM LILLARD.

From the county of Franklin,

Du Comté de Franklin.

John

G.44

Heath.

JOHN G. HEATH.

From the county of Howard,

Du Comté de Howard.

Nicholas S. Burckhartt, Jonathan Smith Findlay, Duff Green, Benjamin H. Reeves, John Ray.

NICH’S. S. BURCKHARTT, JONATHAN S. FINDLEY, DUFF GREEN, BENJAMIN H. REEVES, JOHN RAY.

From the county of Jefferson,

Du Comté de Jefferson.

S. Hammond.

SAMUEL HAMMOND.

From the county of Lincoln,

Du Comté de Lincoln.

Malcolm Henry.

MALCOLM HENRY.

From the county of Montgomery,

Du Comté de Montgomery.

Jonathan Ramsay, James Talbott.

JONATHAN RAMSEY37 , JAMES TALBOTT.

From the county of Madison,

Du Comté de Madison.

Nathaniel Cook.

NATHANIEL COOK.

From the county of New Madrid,

Du Comté de New Madrid.

Robert D. Dawson, Christo. G. Houts.

ROBERT D. DAWSON, CHRISTOPHER G. HOUTS.

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C ONSTITUTION OF M ISSOURI (1820) From the county of Pike,

Du Comté de Pike.

Stephen Cleaver.

STEPHEN CLEAVER.

From the county of St. Charles,

Du Comté de St. Charles.

Hiram H. Baber, Nathan Boone, Benjamin Emmons,

HIRAM H. BARBER, NATHAN BOONE, BENJAMIN EMMONS.

From the county of Ste.45 Genevieve,

Du Comté de Ste. Geneviève.

R. T Brown, John D. Cook, H. Dodge, John Scott.

R. T. BROWN, JOHN D. COOK, H. DODGE, JOHN SCOTT.

From the county of St. Louis,

Du Comté de St. Louis.

Edw. Bates, Pr. Chouteau, Jr. A. Mc Nair, Bernd. Pratte, Wm. Rector, Thos. F. Riddick, John C. Sullivan,

EDWARD BATES, PR. CHOUTEAU, Jr. A. McNAIR, BERNARD PRATT38 , WM. RECTOR, THOS. F. RIDDICK, JOHN C. SULLIVAN.

From the county of Washington,

Du Comté de Washington.

Jno. Rice Jones, John Hutchings, Samuel Perry.

JNO. RICE JONES, JOHN HUTCHINGS, SAMUEL PERRY.

From the county of Wayne,

Du Comté de Wayne

Elijah Bettis.

ELIJAH BETTIS.

Attest,

Certifié,

WM. G.PETTUS, Secretary of the Convention.46

WM. G. PETTUS, Secrétaire de la Convention. T RADUIT DE L’A NGLAIS PAR F. M. GUYOL

AN ORDINANCE Declaring the assent of the people of the state of Missouri, by their representatives in convention assembled, to certain conditions and provisions in the act of congress of the

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M ISSOURI sixth of March, one thousand eight hundred and twenty, entitled “An act to authorize the people of Missouri territory to form a constitution and state government, and for the admission of such state, into the union on an equal footing with the original states, and to prohibit slavery in certain territories.”47 Whereas the act of congress of the United States of America, approved March the sixth, one thousand eight hundred and twenty, entitled “An act to authorize the people of Missouri territory to form a constitution and state government, and for the admission of such state into the union on an equal footing with the original states, and to prohibit slavery in certain territories,” contains certain requisitions and provisions, and, among other things, has offered to this convention when formed, for and in behalf of the people inhabiting this state, for their free acceptance or rejection, the five following propositions,48 and which, if accepted by this convention in behalf of the people as aforesaid, are to be obligatory on the United States, viz: “First, That section numbered sixteen in every township, and when such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the state for the use of the inhabitants of such township for the use of schools: Second, That all salt springs, not exceeding twelve in number, with six sections of land adjoining to each, shall be granted to the said state for the use of said state, the same to be selected by the legislature of said state on or before the first day of January, in the year one thousand eight hundred and twenty-five, and the same, when so selected, to be used under such terms, conditions and regulations as the legislature of said state shall direct; Provided, that no salt spring the right whereof now is, or hereafter shall be, confirmed or adjudged to any individual or individuals, shall by this section be granted

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C ONSTITUTION DU M ISSOURI (1820) to said state; and provided also, that the legislature shall never sell or lease the same at any one time for a longer period than ten years without the consent of congress: Third, That five per cent of the nett proceeds of the sale of lands lying within the said territory or state, and which shall be sold by congress from and after the first day of January next, after deducting all expenses incident to the same, shall be reserved for making publick roads and canals, of which three fifths shall be applied to those objects within the state under the direction of the legislature thereof, and the other two fifths in defraying, under the direction of congress, the expenses to be incurred in making of a road or roads, canal or canals, leading to the said state: Fourth, That four entire sections of land be, and the same are hereby granted to the said state for the purpose of fixing their seat of Government thereon; which said sections shall, under the direction of the legislature of said state, be located as near as may be in one body, at any time, in such townships and ranges as the legislature aforesaid may select, on any of the publick lands of the United States; Provided, that such location shall be made prior to the publick sale of the lands of the United States surrounding such location: Fifth, That thirty-six sections, or one entire township, which shall be designated by the President of the United States, together with the other lands heretofore reserved for that purpose, shall be reserved for the use of a Seminary of learning, and vested in the legislature of said state, to be appropriated solely for the use of such seminary by the legislature:” Now this convention, for and in behalf of the people inhabiting this state, and by the authority of the said people, do accept the five before recited propositions offered by the act of congress under which they are assembled; and in pursuance of the conditions,

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M ISSOURI requisitions, and other provisions in the before recited act of congress contained, this convention, for and in behalf of the people inhabiting this state, DO ORDAIN, AGREE and DECLARE, that every and each tract of land sold by the United States from and after the first day of January next, shall remain exempt from any tax laid by order, or under the authority of the state, whether for state, county or township, or any other purpose whatever, for the term of five years from and after the respective days of sale thereof; and that the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt as aforesaid from taxation for the term of three years from and after the date of the patents respectively; provided, nevertheless, that if the congress of the United States shall consent to repeal and revoke the following clause in the fifth proposition of the sixth section of the act of congress before recited, and in these words, viz. “That every and each tract of land sold by the United States from and after the first day of January next, shall remain exempt from any tax laid by order, or under the authority of the state, 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 this convention for and in behalf of the people of the state of Missouri, do hereby ordain, consent and agree, that the same be so revoked and repealed, without which consent of the congress as aforesaid, the said clause to remain in full force and operation as first above provided for in this ordinance: and this convention doth hereby request the congress of the United States so to modify their third proposition, that the whole amount of five per cent on the sale of publick lands therein offered may be applied to the construction of roads and canals, and the promotion of education within this state, under the direction of the Legislature

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C ONSTITUTION OF M ISSOURI (1820) thereof. And this convention for and in behalf of the people inhabiting this state, and by the authority of the said people, do further ORDAIN, AGREE, and DECLARE that this ordinance shall be IRREVOCABLE without the consent of the United States. Done in convention, at St. Louis, in the State of Missouri, this nineteenth day of July, in the year of our Lord one thousand eight hundred and twenty, and of the Independence of the United States of America the forty-fifth. By order of the Convention, DAVID BARTON, President. Attest. WM. G. PETTUS, Secretary. 1

Verified by Constitution of the State of Missouri, St. Louis: Printed by I. N. Henry and Co., 1820, 40 p., and checked against the versions, which appeared in the St. Louis Enquirer, 22 July 1820, 3–4, printed by Henry, and in the Missouri Gazette & Public Advertiser, 26 July 1820, 3–4, also against Constitution of the State of Missouri, November 16, 1820. Read, and referred to a select committee, Washington: Printed by Gales & Seaton, 1820, 25 p., and against the version published in Acts of the Second General Assembly of the State of Missouri, Passed at the First Session, Began and Held at the Town of St. Charles, On Monday the Fourth Day of November, In the year of our Lord one thousand eight hundred and twenty two, and of the Independence of the United States the 47th, St. Charles: Printed by Nathaniel Paschall, 1822, 126–146. The original manuscript was destroyed when part of the Capitol burnt down in Jefferson City, MO, in 1912. Spelling, capitalization, and punctuation follow the separate Henry print, which contains orthographic idiosyncrasies that suggest it might be closest to the lost original manuscript. As these are absent in the version Henry published in the St. Louis Enquirer, the latter may justly be viewed as a second Henry print. Obvious typographical errors have been tacitly corrected and are passed over in the annotations. The text of the constitution also appeared in a French translation (q.v.). The constitution was not submitted to the people (cf. Floyd Calvin Shoemaker, Missouri’s Struggle for Statehood 1804–1821, reissued New York: Russell & Russell, 1969, 254), and went into effect with Missouri’s admission into the Union as the 24th state by Presidential proclamation on August 10, 1821 (on the complicated history of admission and the so-called First and Second Missouri Compromise, cf. David D.

1

Verified by Constitution de l’Etat du Missouri, [St. Louis: Imprimé chez Joseph Charless, 1820,] 24 p., and checked against Constitution of the State of Missouri, St. Louis: Printed by I. N. Henry and Co., 1820 (q.v.). Spelling, capitalization, and punctuation follow the Charless print. Obvious typographical errors have been tacitly corrected and passed over in the annotations. The original manuscript is not known to have survived. In editing the translation only deviations in wording and contents, not in style, have been annotated. 2 In English version, “with the Indian boundary line”. 3 In English version, “free white male citizen”. 4 In English version, “free white male inhabitants”. 5 In English version, “free white male citizen”. 6 In English version, “free white male inhabitants”. 7 In English version, “free white male citizen”. 8 In English version, “no soldier, seaman or marine, in the regular army or navy”. 9 In English version, “state or county treasurer, register or recorder, clerk of any court of record,”. 10 In English version, “to either house of the general assembly”. 11 In English version, “or”. 12 In English version, “qualifications, elections and returns”. 13 In English version, “compensation”. 14 In English version, “any high crime”. 15 In English version, “senators”. 16 In English version, “twenty miles square”. 17 In English version, “The style of the laws”. 18 In French translation, “of the United States” missing. 19 In English version, “compensation”. 20 In English version, “The returns”.

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M ISSOURI March, “The Admission of Missouri,” in: Missouri Historical Review, 65 [1970/71], 427–449; for more details, cf. n. 12). Of a total of twenty-one propositions for its amendment, fourteen were adopted (q.v.) while seven failed (q.v.), as did a newly drafted constitution in 1846 (q.v.). While the convention called in 1861 extensively amended the constitution by ordinances, it remained in effect until 1865, when it was superseded by the second constitution of Missouri. 2 In Missouri Gazette, 3, “year”. 3 In Session Law print, 128, “may”. 4 In Missouri Gazette, 3, “persons”. 5 In St. Louis Enquirer, 3, “and”. 6 In Missouri Gazette, 3, “monies”. 7 Ibid., “that”. 8 In Washington print, 6, “of the”. 9 Ibid., 7, “alterations”. 10 In St. Louis Enquirer, 3, “pow-”. 11 In Missouri Gazette, 3, “territories”. 12 This specific clause aroused the resistance of Congress as its enforcement could have precluded U.S. citizens from settling in Missouri. On March 2, 1821, Congress, therefore, resolved, “That Missouri shall be admitted into this Union on an equal footing with the original States in all respects whatever, upon the fundamental condition, that the fourth clause of the twenty-sixth section of the third article of the constitution submitted on the part of said State to Congress shall never be construed to authorize the passage of any law, and that no law shall be passed in conformity thereto, by which any citizen of either of the States in this Union shall be excluded from the enjoyment of any of the privileges and immunities to which such citizen is entitled under the Constitution of the United States: Provided, That the Legislature of the said State, by a solemn public act, shall declare the assent of the said State to the said fundamental condition [. . . ]” (Annals of Congress, House of Representatives, 16th Congress, Sess. II, 1228). As required, though under protest, the Missouri legislature passed the Solemn Public Act: “A SOLEMN PUBLIC ACT, declaring the assent of this State to the fundamental condition contained in a resolution passed by the Congress of the United States, providing for the admission of the State of Missouri into the Union on a certain condition. WHEREAS, The Senate and House of Representatives of the United States, by their resolution approved on the second day of March, in the year of our Lord eighteen hundred and twenty one, did declare that Missouri shall be admitted into this Union, upon an equal footing with the original states, in all respects whatever, upon the fundamental condition, that the fourth clause of the twenty-sixth section of the third article of the constitution, submitted on the part of said state to congress, shall never be construed to authorize the passage of any law, and that no law shall be passed in conformity thereto, by which any citizen of either

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21

In English version, “Contested elections”. In English version, “qualified electors”. 23 In English version, “Circuit Courts”. 24 In English version, “a general superintending control”. 25 In English version, “and other original remedial writs”. 26 In English version, “circuit courts”. 27 In French translation, “of such lands, and for the improvement” missing. 28 In English version, “Field officers and company officers”. 29 In English version, “natural and indefeasible right”. 30 In English version, “mode of worship”. 31 In English version, “for an indictable offence”. 32 In French translation, “subject to militia duty, or” missing. 33 In French translation, “in this state” missing. 34 In French translation, “in all cases and” missing. 35 In English version, “Schedule”. 36 In French translation, “official” missing. 37 In English version, as generally elsewhere, “Ramsay”. The only exception appears to be Floyd Calvin Shoemaker, Missouri’s Struggle for Statehood 1804– 1821, New York: Russell & Russell, 1969, which lists “Ramsey” in the index (p. 378), despite consistently writing “Ramsay” in the text and notes. 38 In English version, as generally elsewhere, “Pratte”. 22

C ONSTITUTION DU M ISSOURI (1820) of the states in this union, shall be excluded from the enjoyment of any of the privileges and immunities to which such citizen is entitled under the constitution of the United States: Provided, That the legislature of the said state, by a solemn public act, shall declare the assent of said state to the said fundamental condition, and shall transmit to the President of the United States, on or before the fourth Monday in November next, an authentic copy of the said act; upon the receipt whereof, the President, by proclamation shall announce the fact, whereupon, and without any further proceeding on the part of congress, the admission of said state into this union shall be considered as complete. Now, for as much as the good people of this state have by the most solemn and public act in their power, virtually assented to the said fundamental condition, when by their representatives in full and free convention assembled, they adopted the constitution of this state, and consented to be incorporated into the federal union, and governed by the constitution of the United States, which among other things provides that the said constitution and the laws of the United States made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land, and the Judges in every state shall be bound thereby, any thing in the constitution or law of any state to the contrary notwithstanding; and although this General Assembly are of opinion that the congress of the United States have no constitutional power to annex any condition to the admission of this state into the federal union, and that this General Assembly have no power to change the operation of the constitution of this state, except in the mode prescribed by the constitution itself; Nevertheless, as the congress of the United States have desired this General Assembly to declare the assent of this state to said fundamental condition, and forasmuch as such declaration will neither restrain or enlarge, limit or extend the operation of the constitution of the United States, or of this state, but the said constitutions will remain in all respects as if the said resolution had never passed, and the desired declaration was never made, and because such declaration will not divest any power or change the duties of any of the constituted authorities of this state, or of the United States, nor impair the rights of the people of this state or impose any additional obligation upon them, but may promote an earlier enjoyment of their vested federal rights, and this state being moreover determined to give to her sister states and to the world the most unequivocal proof of her desire to promote the peace and harmony of the union. Therefore, Be it enacted and declared, by the General Assembly of the State of Missouri, and it is hereby solemnly and publicly enacted and declared, That this state has assented and does assent, that the fourth clause of the twenty-sixth section of the third article of the constitu-

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M ISSOURI tion of this state, shall never be construed to authorize the passage of any law, and that no law shall be passed in conformity thereto, by which any citizen of either of the United States shall be excluded from the enjoyment of any of the privileges and immunities to which such citizens are entitled under the constitution of the United States. Approved 26th June, 1821” (Acts of the First General Assembly of the State of Missouri, Passed at a Special Session, Began and Held at the Town of St. Charles, On Monday the Fourth Day of June, In the year of our Lord one thousand eight hundred and twenty one, and of the Independence of the State of Missouri the First, St. Charles: Printed by R. Mc Cloud, Printer to the State, 1821, 9–11). The “fourth clause” referred to in the resolution of Congress only appeared as such in the Washington print, 7, which did not follow the paragraphing of the Henry print, 9–10 (cf. Shoemaker, Missouri’s Struggle for Statehood, 312–314). Why the Missouri legislature continued to refer to the “fourth clause”, though this made no sense in a Missouri context, remains a matter of speculation (cf. ibid., 314–315; William L. Olbrich, Jr., “The State of Missouri, Admitted to the Union as a State: August 10, 1821,” in: The Uniting States. The Story of Statehood for the Fifty United States, ed. by Benjamin F. Shearer, II, Westport, CT and London: Greenwood Press, 2004, 697). 13 In Washington print, 7, and in Session Law print, 131, “free white”. The subsequent section and the convention debates, cf. Journal of the Missouri State Convention, St. Louis: Printed by I. N. Henry and Co., 1820, 19, may suggest that “free” was intended to be here inserted. 14 In Missouri Gazette, 3, “be impeached”. 15 In Session Law print, 131, last sentence missing. 16 Ibid., 133, “journals”. 17 In Missouri Gazette, 3, word missing. 18 In Session Law print, 133, “vote”. 19 In Washington print, 11, and in Session law print, 134, “and a”. 20 In Missouri Gazette, 4, “Judiciary”. 21 Ibid., “judiciary”. 22 Ibid., and in Session Law print, 135, “power”. 23 In Missouri Gazette, 4, “court”. 24 Ibid., and in Session Law print, 136, “court”. 25 In Washington print, 13, and in Session Law print, 136, “supreme”. 26 In Session Law print, 137, word missing. 27 In Washington print, 14, “may hereafter”. 28 In Missouri Gazette, 4, “U.”. 29 In Henry print, 21, in St. Louis Enquirer, 3, and in Missouri Gazette, 4, “of such lands, and for the improvement” missing, cf., however, Convention Journal, 38. 30 In Missouri Gazette, 4, “the”. 31 In Washington print, 14, and in Session Law print,

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C ONSTITUTION OF M ISSOURI (1820) 138, “those”. 32 In Missouri Gazette, 4, “part”. 33 In Session Law print, 140, “professions”. 34 In Missouri Gazette, 4, “fail”. 35 In Session Law print, 141, word missing. 36 In Missouri Gazette, 4, “used”. 37 In Washington print, 19, and in Session Law print, 143, “one thousand eight”. 38 In Washington print, 19, and in Missouri Gazette, 4, “St.”. 39 In Washington print, 20, and in Missouri Gazette, 4, “St.”. 40 In Washington print, 20, and in Session Law print, 144, “clerk”. 41 In Washington print, 21, and in Session Law print, 145, “Done by the representatives of the people of Missouri, in convention assembled, at the town of St. Louis, on the nineteenth day of July, in the year of our Lord one thousand eight hundred and twenty, and of the independence of the United States of America the forty-fifth” added. In St. Louis Enquirer, 4, and in Missouri Gazette, 4, rest missing. 42 In Washington print, 21, “Bucknor”. In Convention Journal, 3, and passim, “Buckner”. 43 In Washington print, 21, “Sillard”. In Convention Journal, 3, and passim, “Lillard”. 44 In Floyd C. Shoemaker, “The First Constitution of Missouri,” in: Missouri Historical Review, 6 (1911/12), 61, “C.”. 45 In Washington print, 22, “St.”. 46 In Session Law print, 141, rest missing. 47 U.S. Statutes at Large, 16th Congress, Sess. I, Ch. 22. 48 Ibid., sect. 6.

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Failed Amendments of 1821

[Amendments to the Constitution]1

S ECT. 3. The Judges of the Supreme Court, and the Judges of the Circuit Courts, shall be chosen by joint vote of both Houses of the General Assembly.

of both Houses of the General Assembly.

1

S ECT. 5. The Governor shall receive a compensation for his services to be regulated by law, which shall not be diminished, during the term for which he shall be elected. S ECT. 7. The Auditor of Public Accounts, Secretary of State, and Attorney General, shall each be appointed by joint vote

264

Verified by Acts of the First General Assembly of the State of Missouri, Passed at a Special Session, Began and Held at the Town of St. Charles, On Monday the Fourth Day of June, In the year of our Lord one thousand eight hundred and twenty one, and of the Independence of the State of Missouri the First, St. Charles: Printed by R. Mc Cloud, Printer to the State, 1821, 38. Spelling, capitalization, and punctuation as in the Session Law volume. These three amendments, approved by the General Assembly on June 26, 1821, were part of a list of ten amendments proposed to the subsequent legislature. Only the other seven were adopted in 1822 (q.v.).

Amendments of 1822 Amendments to the Constitution1

S ECT. 1. The office of chancellor is hereby abolished, and the supreme court and circuit courts, shall exercise chancery jurisdiction in such manner and under such restriction, as shall be prescribed by law. S ECT. 2. The judicial power as to matters of law and equity, shall be vested in a supreme court, in circuit courts, and in such inferior tribunals, as the General Assembly may from time to time ordain and establish, provided, the General Assembly may establish a court or courts of chancery, and from time to time prescribe the jurisdiction, powers and duties thereof. S ECT. 3. The judges of the supreme court, and the judges of the circuit courts and chancellor, shall at stated times receive a compensation for their services to be fixed by law. S ECT. 4. No person holding an office of profit under the United States, and commissioned by the President, shall, during the continuance in such office, be eligible, appointed to, hold, or exercise any office of profit under this state. S ECT. 5. So much of the thirteenth section of the fourth article of the constitution of this state, as provides, that the compensation of the Governor shall never be less than two thousand dollars annually, shall be repealed.

S ECT. 6. So much of the thirteenth section of the fifth article of the constitution of this state, as provides, that the compensation of the judges of the supreme and circuit courts and chancellor shall never be less than two thousand dollars annually, shall be repealed. S ECT. 7. The offices of the judges of the supreme court and of the judges of the circuit courts, shall expire at the end of the first session of the next General Assembly of this state, or as soon as their successors are respectively elected and qualified.

1

Verified by Acts of the Second General Assembly of the State of Missouri, Passed at the First Session, Began and Held at the Town of St. Charles, On Monday the Fourth Day of November, In the year of our Lord one thousand eight hundred and twenty two, and of the Independence of the United States the 47th, St. Charles: Printed by Nathaniel Paschall, 1823, 146–147. Spelling, capitalization, and punctuation as in the Session Law volume. The amendments were approved by the General Assembly on June 26, 1821, as sections 1, 2, 4, 6, and 8–10, and ratified by the legislature on November 23, 1822 (cf. Journal of the Senate of the Second General Assembly of the State of Missouri, Begun and Held at the Town of Saint Charles, in the Year of Our Lord One Thousand Eight Hundred and Twenty Two, and of the Independence of the United States the Forty Seventh, St. Charles: Printed by Nathaniel Paschall, 1823, 48–49, 51). Sect. 3, 5, and 7 of the 1821 proposal (q.v.) failed to receive the constitutionally required majority in 1822.

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Failed Amendments of 1832

Amendments, proposed to the Constitution1

1. That so much of the thirteenth section of the fifth article of the constitution of this State as provides, that the Governor shall nominate, and by and with the advice and consent of the Senate, appoint the judges of the supreme court, the judges of the circuit court, and the chancellors, shall be, and the same is hereby abolished. 2. That so much of the 13th section of the fifth article of the constitution of this State as provides, that the Judges of the supreme court, the judges of the circuit court, and chancellors, shall hold their offices during good behavior, be, and the same is hereby abolished. 3. That the judges of the supreme court shall hereafter hold their offices for the term of six years, and until their successors, respectively are duly elected, commissioned, and qualified; and shall severally be elected by a joint vote of both houses of the General Assembly. 4. That the offices of the several judges of the supreme court shall be vacated on the first day of January, one thousand eight hundred and thirty-five. 5. That the eighth General Assembly shall elect three supreme judges, whose offices shall be divided by lot, respectively, into three classes. The office of the judge of the first class shall be vacated on the first day of January, eighteen hundred and thirty-seven. The office of the judge of the second class shall be vacated on the first day of January, one thousand eight hundred and thirty-nine; and the office of the judge of the third class shall be vacated on the first day of January,

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one thousand eight hundred and forty-one. So that one supreme judge shall be elected at the regular session of every General Assembly. 6. That the judges of the circuit courts, and chancellors, shall hereafter hold their offices for the term of six years, and until their successors are duly elected, commissioned, and qualified, and shall be elected by the qualified voters of their respective circuits. 8. That the qualified electors of the several circuits shall, on the first Monday in August, in the year eighteen hundred and thirty-five, elect a circuit judge, each for their several circuits; and the first General Assembly, after said election, shall, by lot, divide the offices of the several circuit judges, as equally as may be, into three classes, and by law declare that the offices of the judge of the first class shall be vacated on the first day of January, eighteen hundred and thirty-eight; of the second class, on the first day of January, eighteen hundred and forty; and of the third class, on the first day of January, eighteen hundred and forty-two; and shall, moreover, provide by law for the election of the judges of the respective classes in such manner as that each class thereof may be elected previous to the expiration of their respective terms of service. 9. That these amendments shall apply to all circuits hereafter formed or created by the Legislature; and the Legislature that forms or creates any new circuit, shall class the office of each judge thereof.

FAILED A MENDMENTS OF 1832 10. The judges and chancellors, who may be elected as aforesaid, shall be commissioned by the Governor; and that, whenever any vacancy may happen in any of the offices aforesaid, it shall be the duty of the Governor, to appoint some suitable person to fill the same, who shall hold his office until the end of the term for which his predecessor was elected, or appointed. The Senate, however, shall, at the next meeting of the General Assembly, after such appointment, pass upon the same, and if they reject it, the Governor shall immediately nominate some other person to the Senate to fill such vacancy, and so continue until the same shall be filled.

1

Verified by Laws of the State of Missouri, Passed at the First Session of the Seventh General Assembly, Begun and Held at the City of Jefferson On Monday the Nineteenth Day of November, In the year of our Lord, one thousand eight hundred and thirty-two, S.l., s.n., s.a., 3–6. Spelling, capitalization, and punctuation as in the Session Law volume. These failed amendments were part of a list of fourteen amendments proposed to the subsequent legislature, which in 1834 ratified only the remaining five (sections 7, and 11–14) of them (q.v.). Renewed attempts to limit the tenure of judges failed in 1843 (q.v.) but succeeded in 1849 (Second Amendment of 1849 [q.v.]). Judicial reforms aimed at making the office of judge elective and establishing limited terms were highly controversial, cf. Few Reasons Why the Constitutional Amendments Should Not Be Adopted By the People, From a Citizen of Missouri, Bowling-Green: Printed at the Office of the Salt River Journal, 1834.

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Amendments of 1834 Amendments to the Constitution1

S ECT. 1. That the offices of the several judges of the circuit courts within this state shall be vacated on the first day of January eighteen hundred thirty-six. S ECT. 2. That so much of the fifteenth section of the fifth article of the constitution of this state as provides, that the courts respectively shall appoint their clerks, and that they shall hold their offices during good behavior, shall be, and the same is hereby abolished. S ECT. 3. That the offices of the clerks of the several courts within this state shall be vacated on the first day of January eighteen hundred and thirty-six, and the clerks of the circuit and county courts of the respective counties, shall be elected by the qualified electors of their respective counties, and shall hold their offices for the term of six years, and until their successors are duly elected, commissioned and qualified. S ECT. 4. That the boundary of the state be so altered and extended as to include all the tract of land lying on the north side of the Missouri river, and west of the present boundary of this state, so that the same shall be bounded on the south by the middle of the main channel of the Missouri river, and on the north by the present northern boundary line of the state, as established by the constitution, when the same is continued in a right line to the west, or to include so much of said tract of land as congress may assent.

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S ECT. 5. That the boundaries of the state be so altered and enlarged as to include all the tract of land lying in the fork of the Mississippi and Des Moines rivers; so that the same shall be bounded on the north by the present northern boundary of the state, as established by the present constitution, when continued in a right line eastward to the middle of the main channel of the Mississippi river; thence down the middle of the main channel of said river, &c.2 1

Verified by The Revised Statutes of the State of Missouri; Revised and Digested by the Eighth General Assembly During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together With the Constitutions of Missouri and of the United States. Printed and Published Under the Direction of the Superintendent Appointed by the General Assembly for That Purpose, St. Louis: Printed at the Argus Office, 1835, 34–35. Spelling, capitalization, and punctuation as in the Revised Statutes. These five amendments, later styled art. II of amendments, were part of the package of fourteen amendments proposed and approved by the General Assembly in 1832. They were adopted by the House of Representatives and the Senate on December 18, 1834 (Journal of the Senate of the Eighth General Assembly of the State of Missouri, Begun and Held at the City of Jefferson, On Monday the Seventeenth Day of November, in the Year of Our Lord, One Thousand Eight Hundred and Thirty-Four, Fayette: Printed by W. B. Napton, 1835, 112–113, cf. also Journal of the House of Representatives of the Eighth General Assembly of the State of Missouri, Begun and Held at the City of Jefferson, On Monday the Seventeenth Day of November, in the Year of Our Lord, One Thousand Eight Hundred and Thirty-Four, Fayette: Printed by W. B. Napton, 1835, 58–66). Nine of the amendments proposed in 1832 did not receive the constitutionally required majority in the House of Representatives in 1834 and thus failed (q.v.). The ratified amendments comprised sections 7, 11, and 12 of the original proposal plus the two

A MENDMENTS OF 1834 boundary amendments, the first three sections passing by a narrow margin (cf. Revised Statutes, 34–35). A Session Law volume containing the public laws of the

1834–35 session was not published. 2 A further attempt to alter the western boundary of Missouri failed in 1849 (q.v.).

269

First Failed Amendments of 1843

Joint resolution, proposing certain amendments to the Constitution of this State1

S ECT. 1. That so much of the thirteenth section of the fifth article of the Constitution of the State of Missouri, as requires that each of the judges of the Supreme court, and each of the judges of the Circuit courts of this State, shall hold his office during good behavior, be and the same is hereby abolished. S ECT. 2. That the offices of the several judges of the Supreme court, and the several judges of the Circuit courts of this State, shall be vacated on the first day of January in the year of our Lord, one thousand eight hundred and forty-five. S ECT. 3. That the judges of the Supreme court of this State shall, each, hold his office for the term of ten years and no longer; and the judges of the Circuit courts of this State

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shall, each, hold his office for the term of six years, and no longer. Provided however, the judges of the Supreme court, and the judges of the circuit courts, shall be eligible to reappointment, as aforesaid.

1

Verified by Laws of the State of Missouri, Passed at the First Session of the Twelfth General Assembly, Begun and Held at the City of Jefferson, On Monday, the Twenty-First Day of November, Eighteen Hundred and Forty-Two, and Ended Tuesday, the Twenty-Eighth Day of February, Eighteen Hundred and Forty-Three. By Authority, City of Jefferson: Printed by Allen Hammond, 1843, 9. Spelling, capitalization, and punctuation as in the Session Law volume. The amendments were approved on February 25, 1843, but not ratified by the subsequent legislature. A similar attempt to restrict the term of office of judges had already failed in 1832 (q.v.), but a renewed attempt in 1849 would succeed (Second Amendment of 1849 [q.v.]).

Second Failed Amendment of 1843

Amendment to the Constitution1

S ECT. 1. That the following be proposed as an amendment to the Constitution of the State of Missouri, to wit: Provided however, That persons, members of religious societies, may be incorporated for the purpose of holding sufficient ground, not exceeding, in incorporated towns, or cities, one lot, in villages, two lots, in the country, ten acres, for the erection of a church or meeting house, parsonage, and burial ground, for the benefit of the society. To be added at

the end of the fifth section of the thirteenth article. 1

Verified by Laws of the State of Missouri, Passed at the First Session of the Twelfth General Assembly, Begun and Held at the City of Jefferson, On Monday, the Twenty-First Day of November, Eighteen Hundred and Forty-Two, and Ended Tuesday, the Twenty-Eighth Day of February, Eighteen Hundred and Forty-Three. By Authority, City of Jefferson: Printed by Allen Hammond, 1843, 9. Spelling, capitalization, and punctuation as in the Session Law volume. The amendment was approved on February 25, 1843, but not ratified by the subsequent legislature.

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Failed Amendment of 1846

Constitutional Amendments1

That the twenty-fifth section of the third article of the Constitution be amended, by adding the following to the said twenty-fifth section: “And in what cases deductions shall be made from the salaries of public officers for neglect of duty in their official capacity, and the amount of such deductions.”

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1

Verified by Laws of the State of Missouri, Passed at the First Session of the Fourteenth General Assembly, Begun and Held at the City of Jefferson, On Monday, the Sixteenth Day of November, Eighteen Hundred and Forty-Six, and Ended on Tuesday the Sixteenth Day of February, Eighteen Hundred and Forty-Seven, City of Jefferson: James Lusk, Public Printer, 1847, 6. Spelling, capitalization, and punctuation as in the Session Law volume. Obvious typographical errors have been passed over. The amendment was approved in 1846, but not ratified by the subsequent legislature.

First Amendment of 1849 [Amendment to the Constitution]1

S ECT. 1. The House of Representatives shall consist of members to be chosen every second year, by the qualified electors of the several counties, apportioned in the following manner, to-wit: The ratio of representation shall be ascertained at each apportioning session of the Legislature, by dividing the whole number of permanent free white inhabitants of the State, by the number of one hundred and forty; each county having said ratio, or less, shall be entitled to one representative; each county having said ratio and a fraction over, equal to three fourths, shall be entitled to two representatives; each county having three times said ration, shall be entitled to three representatives; each county having four times said ratio and a fraction over, equal to one-half, shall be entitled to four representatives; each county having six times said ratio, shall be entitled to five representatives; each county having eight times said ratio, shall be entitled to six representatives; each county having ten times said ratio, shall be entitled to seven representatives; each county having thirteen times said ratio, shall be entitled to eight representatives; each county having fifteen times said ratio, shall be entitled to nine representatives; each county having eighteen times said ratio, shall be entitled to ten representatives; each county having twentytwo times said ratio, shall be entitled to eleven representatives; each county having twenty-four times said ratio, shall be entitled to twelve representatives; any county

having more than twenty-four times said ratio, shall be represented in the same proportion. And the General Assembly which shall meet in the year eighteen hundred and forty-eight, and every fourth year thereafter, shall apportion the number of representatives among the several counties as herein directed. And the members of the General Assembly shall receive, as compensation for their services, not to exceed three dollars per day for the first sixty days, and after that time not to exceed one dollar per day for the remainder of the session; except at a revising session, they may receive a compensation not to exceed three dollars per day for the first one hundred days, and one dollar per day for the remainder of the session; but the General Assembly may allow a greater compensation to the presiding officer of each house. No county now established by law shall ever be reduced by the establishment of new counties to less than twenty miles square, nor to less than five hundred square miles, nor below the ratio of representation then required; nor shall any county hereafter established be entitled to a separate representation, unless the number of permanent free white inhabitants therein shall, at the time, be equal to three-fourths of the ratio of representation then being, but may be organized with a smaller number for all other purposes, civil and military. The second, fourth, twentyfourth, and thirty-fourth sections of the third article of the constitution are hereby abolished.

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M ISSOURI 1

Verified by Laws of the State of Missouri, Passed at the Session of the Fifteenth General Assembly, Begun and Held at the City of Jefferson On Monday, the Twenty-Fifth Day of December, Eighteen Hundred and Forty-Eight, and Ended on Monday the Twelfth Day of March, Eighteen Hundred and Forty-Nine, City of Jefferson: Hampton L. Boon, Public Printer, 1849, 6. Spelling, capitalization, and punctuation as in the Session Law print. The amendment, later styled art.

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III of amendments, was proposed and adopted by the General Assembly in 1846 (Laws of the State of Missouri, Passed at the First Session of the Fourteenth General Assembly, Begun and Held at the City of Jefferson, On Monday, the Sixteenth Day of November, Eighteen Hundred and Forty-Six, and Ended on Tuesday the Sixteenth Day of February, Eighteen Hundred and Forty-Seven, City of Jefferson: James Lusk, Public Printer, 1847, 4–5).

Second Amendment of 1849 [Amendment to the Constitution]1

The thirteenth section of the fifth article of the constitution is hereby abolished, and the following is adopted in lieu thereof:

first day of March, eighteen hundred and forty-nine. 1

S ECT. 13. The Governor shall nominate, and by and with the advice and consent of the Senate, appoint the Judges of the Supreme Court and the Judges of the Circuit Courts. Each Judge of the Supreme Court shall be appointed for the term of twelve years, and each Judge of the Circuit Courts shall be appointed for the term of eight years; and every appointment to fill a vacancy shall be for the residue of the term only; but in all cases the judge shall continue in office until a successor shall be appointed and qualified. The Judges of the Supreme Court and Circuit courts shall be eligible to reappointment. The offices of the several Supreme and Circuit Judges shall be vacated on the

Verified by Laws of the State of Missouri, Passed at the Session of the Fifteenth General Assembly, Begun and Held at the City of Jefferson On Monday, the Twenty-Fifth Day of December, Eighteen Hundred and Forty-Eight, and Ended on Monday the Twelfth Day of March, Eighteen Hundred and Forty-Nine, City of Jefferson: Hampton L. Boon, Public Printer, 1849, 8. Spelling, capitalization, and punctuation as in the Session Law print. The amendment, later styled art. IV of amendments, was proposed and adopted by the General Assembly in 1846 (Laws of the State of Missouri, Passed at the First Session of the Fourteenth General Assembly, Begun and Held at the City of Jefferson, On Monday, the Sixteenth Day of November, Eighteen Hundred and Forty-Six, and Ended on Tuesday the Sixteenth Day of February, Eighteen Hundred and Forty-Seven, City of Jefferson: James Lusk, Public Printer, 1847, 5). Efforts to curb the tenure of Supreme and Circuit court judges, proposing varying term limits, had failed in 1832 and 1843 (q.v.). The amendment was abolished by the first and third amendments of 1851 (q.v.).

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Third Amendment of 1849 [Amendment to the Constitution]1

That the fifth article of the constitution be amended by adding the following section: If there be a vacancy in the office of Judge of any circuit, or if he be sick, absent, or from any cause unable to hold any term of court of any county of his circuit, such term of court may be held by a judge of any other circuit, and at the request of the judge of any circuit, any term of court in his circuit may be held by the judge of any other circuit.

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1

Verified by Laws of the State of Missouri, Passed at the Session of the Fifteenth General Assembly, Begun and Held at the City of Jefferson On Monday, the Twenty-Fifth Day of December, Eighteen Hundred and Forty-Eight, and Ended on Monday the Twelfth Day of March, Eighteen Hundred and Forty-Nine, City of Jefferson: Hampton L. Boon, Public Printer, 1849, 10. Spelling, capitalization, and punctuation as in the Session Law print. The amendment, later styled art. V of amendments, was proposed and adopted by the General Assembly in 1846 (Laws of the State of Missouri, Passed at the First Session of the Fourteenth General Assembly, Begun and Held at the City of Jefferson, On Monday, the Sixteenth Day of November, Eighteen Hundred and Forty-Six, and Ended on Tuesday the Sixteenth Day of February, Eighteen Hundred and Forty-Seven, City of Jefferson: James Lusk, Public Printer, 1847, 6).

Failed Amendment of 1849

[Amendment to the Constitution]1

S ECT. 1. That the boundary of this State be so altered and extended, as to include all that tract of country lying west of the present boundary of this State, so that the same shall be bounded as follows, viz: Beginning at the south-west corner of the State, thence west to the middle of the main channel of Grand river; thence up the same to the mouth of Neosho river; thence up, in the middle of the main channel of the same, to the northern boundary of the Quapaw land; thence east along said boundary to the present State line, or to include so much

of said boundary as congress may assent to.

1

Verified by Laws of the State of Missouri, Passed at the Session of the Fifteenth General Assembly, Begun and Held at the City of Jefferson On Monday, the Twenty-Fifth Day of December, Eighteen Hundred and Forty-Eight, and Ended on Monday the Twelfth Day of March, Eighteen Hundred and Forty-Nine, City of Jefferson: Hampton L. Boon, Public Printer, 1849, 5. Spelling, capitalization, and punctuation as in the Session Law print. The amendment was approved on March 12, 1849, but not ratified by the subsequent legislature. The last time the boundaries of Missouri had been altered was by the amendment of 1834 (q.v.).

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First Amendment of 1851 Amendments Ratified at the First Session of the Sixteenth General Assembly1

S ECT. 1. That hereafter the Judges of the Supreme court shall be elected by the qualified electors, of the State; and each shall hold his office for the term of six years only, but may continue in office until his successor shall be elected and qualified; and if any vacancy shall happen in the office of any Judge of the Supreme court, by death, resignation, removal out of the State or by any other disqualification, the Governor shall, upon being satisfied that a vacancy exists issue a writ of election to fill such vacancies, but every election to fill a vacancy shall be for the residue of the term only. The General Assembly shall provide by law for the election of said Judges by the qualified voters in the State, and in case of a tie, or a contested election between the candidates, the same shall be determined in the manner to be prescribed by law; and the General Assembly shall also provide for an election to fill any vacancy will shall occur at any time within twelve months preceding a general election for said Judges. The first general election for Supreme court Judges, shall be on the first Monday in August, A.D. 1851; and on the first Monday in August every six years thereafter. If a vacancy shall occur in the office of a Supreme court Judge less than twelve months before a general election for said Judges, such vacancy shall be filled by an appointment by the Governor, and

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the Judge so appointed shall hold his office only, until the next general election for said Judges. S ECT. 2. The offices of the several Supreme court Judges shall be vacated on the first Monday in August, A.D. 1851; and all parts of the original constitution or of any amendment2 thereto, inconsistent with, or repugnant to this amendment, are hereby abolished.

1

Verified by Laws of the State of Missouri, Passed at the Session of the Sixteenth General Assembly. Begun and Held at the City of Jefferson On Monday, the Thirtieth Day of December, A.D. 1850; To Which Are Prefixed the Constitution of the State of Missouri, And the Act of Congress Authorizing the People of Missouri Territory to Form a State Government, and the Ordinance of the Convention of the People of Missouri, By Their Representatives, Declaring the Assent of the People of Missouri to the Conditions and Provisions of the Said Act of Congress, City of Jefferson: James Lusk, Public Printer, 1851, 45. Spelling, capitalization, and punctuation as in the Session Law print. Obvious typographical errors have been tacitly corrected. The amendment, later styled art. VI of amendments, was proposed and adopted by the General Assembly in 1849 (Laws of the State of Missouri, Passed at the Session of the Fifteenth General Assembly, Begun and Held at the City of Jefferson On Monday, the TwentyFifth Day of December, Eighteen Hundred and FortyEight, and Ended on Monday the Twelfth Day of March, Eighteen Hundred and Forty-Nine, City of Jefferson: Hampton L. Boon, Public Printer, 1849, 4) and ratified by the subsequent legislature. 2 Second amendment of 1849 (q.v.).

Second Amendments of 1851 Resolution to amend the constitution in relation to the offices of secretary of state, attorney general, auditor of public accounts, state treasurer, and register of lands1

S ECT. 1. That the twenty-first section of the fourth article of the constitution of the state of Missouri, be and the same is hereby abolished. S ECT. 2. There shall be a secretary of state, who shall be elected by the qualified voters of this state, at such time and in such manner as shall be provided by law. He shall hold his office for four years, unless sooner removed by an impeachment. He shall keep a register of the official acts of the governor, and when necessary shall attest them, and he shall lay the same, together with all papers relating thereto, before either house of the general assembly, whenever required so to do, and shall perform such other duties as may be enjoined on him by law. S ECT. 3. The eighteenth section of the fifth article of the constitution of the state of Missouri is hereby abolished. S ECT. 4. There shall be an attorney general, who shall be elected by the qualified voters of this state, at such times and in such manner as shall be provided by law. He shall remain in office four years, and shall perform such duties as shall be required of him by law. S ECT. 5. The twelfth section of the fourth article of the constitution of this state is hereby abolished.

S ECT. 6. There shall be an auditor of public accounts, who shall be elected by the qualified voters of this State, at such times, and in such manner as shall be provided by law. He shall remain in office four years, and shall perform such duties as shall be required of him by law. His office shall be kept at the seat of government. S ECT. 7. The thirty-first section of the third article of the constitution of this state, is hereby abolished. S ECT. 8. A state treasurer shall be elected by the qualified voters of this state, at such times, and in such manner as shall be provided by law, who shall continue in office for four years, and who shall keep his office at the seat of government. No money shall be drawn from the treasury but in consequence of appropriations made by law, and an accurate account of the receipts and expenditures of the public money shall annually be published. S ECT. 9. There shall be a register of lands, elected by the qualified voters of this state, at such time, and in such manner as shall be provided by law. He shall hold his office for four years, shall keep his office at the seat of government, and shall perform such duties as shall be required of him by law.

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M ISSOURI 1

Verified by Laws of the State of Missouri, Passed at the Session of the Sixteenth General Assembly, Begun and Held at the City of Jefferson On Monday, the Thirtieth Day of December, A.D. 1850; To Which Are Prefixed the Constitution of the State of Missouri, And the Act of Congress Authorizing the People of Missouri Territory to Form a State Government, and the Ordinance of the Convention of the People of Missouri, By Their Representatives, Declaring the Assent of the People of Missouri to the Conditions and Provisions of the Said Act of Congress, City of Jefferson: James Lusk, Public Printer, 1851, 47–48. Spelling, capital-

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ization, and punctuation as in the Session Law print. The amendment, later styled art. VIII of amendments, was proposed and adopted by the General Assembly in 1849 (Laws of the State of Missouri, Passed at the Session of the Fifteenth General Assembly, Begun and Held at the City of Jefferson On Monday, the TwentyFifth Day of December, Eighteen Hundred and FortyEight, and Ended on Monday the Twelfth Day of March, Eighteen Hundred and Forty-Nine, City of Jefferson: Hampton L. Boon, Public Printer, 1849, 3–4) and ratified by the subsequent legislature.

Third Amendment of 1851 [Amendment to the Constitution]1

S ECT. 1. That so much of the thirteenth section of the fifth article of the constitution of this state, ratified at the present session of the general assembly, as provides that the governor shall nominate, and by and with the advice and consent of the Senate, appoint the judges of the circuit courts, and that each judge of the circuit courts shall be appointed for the term of eight years, and that every appointment to fill a vacancy of such judge, shall be for the residue of the term only, is hereby abolished, and hereafter each judge of the circuit courts, shall be elected by the qualified electors of their respective circuits, and shall be elected for the term of six years, but may continue in office until his successor shall be elected and qualified; and if any vacancy shall happen in the office of any circuit judge, by death, resignation, removal out of his circuit, or by any other disqualification the governor shall upon being satisfied that a vacancy exists, issue a writ of election to fill such vacancy; provided, that said vacancy shall happen at least six months before the next general election for said judge; but if such vacancy shall happen within six months of the general election aforesaid, the governor shall appoint a judge for such circuit, but every such election or appointment to fill a vacancy, shall be for the residue of the term only, and the general assembly shall provide by law, for the election of said judges in their respective circuits, and in case of a tie, or a contested election between the candidates, the same shall be determined in the manner to be prescribed by law, and

the general assembly shall provide by law for the election of said judges in their respective circuits, to fill any vacancy which shall occur at any time at least six months before a general election for said judges. The first general election for circuit judges shall be on the first Monday in Aug., A.D. 1851, and on the 1st Monday in Aug., every six years thereafter. No judicial circuit shall be altered or changed at any session of the general assembly next preceding the general election for said judges. The offices of the several circuit judges shall be vacated on the first Monday in August, A.D. 1851.

1

Verified by Laws of the State of Missouri, Passed at the Session of the Sixteenth General Assembly, Begun and Held at the City of Jefferson On Monday, the Thirtieth Day of December, A.D. 1850; To Which Are Prefixed the Constitution of the State of Missouri, And the Act of Congress Authorizing the People of Missouri Territory to Form a State Government, and the Ordinance of the Convention of the People of Missouri, By Their Representatives, Declaring the Assent of the People of Missouri to the Conditions and Provisions of the Said Act of Congress, City of Jefferson: James Lusk, Public Printer, 1851, 50. Spelling, capitalization, and punctuation as in the Session Law print. The amendment, later styled art. VII of amendments, was proposed and adopted by the General Assembly in 1849 (Laws of the State of Missouri, Passed at the Session of the Fifteenth General Assembly, Begun and Held at the City of Jefferson On Monday, the Twenty-Fifth Day of December, Eighteen Hundred and Forty-Eight, and Ended on Monday the Twelfth Day of March, Eighteen Hundred and Forty-Nine, City of Jefferson: Hampton L. Boon, Public Printer, 1849, 5) and ratified by the subsequent legislature. This amendment altered the second amendment of 1849 (q.v.).

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Failed Amendment of 1851

Resolution to amend the Constitution in relation to the organization for counties1

Resolved, By the general assembly of the state of Missouri, two-thirds of each house concurring therein, that no county now established by law, shall ever be reduced by the establishment of new counties to less than twenty miles square, nor to less than four hundred square miles; nor shall any county hereafter be established containing less than four hundred square miles, nor shall any county hereafter established be entitled to separate representation, unless the number of permanent free white inhabitants therein, shall, at the time be equal to three-fourths of the ratio of representation then being; but may be organized with a smaller number for all other purposes, civil and military. That the following paragraph be, and the same is hereby abolished: “No county now established by law, shall ever be reduced by the establishment of new counties, to less than twenty miles square, nor to less than five hundred square miles, nor below the ratio of representation then required, nor shall any county be hereafter established, containing less

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than five hundred square miles, nor shall any county hereafter established be entitled to separate representation, unless the number of permanent free white inhabitants therein shall at the time, be equal to threefourths of the ratio of representation then being; but may be organized with a smaller number for all other purposes, civil and military.”

1

Verified by Laws of the State of Missouri, Passed at the Session of the Sixteenth General Assembly, Begun and Held at the City of Jefferson On Monday, the Thirtieth Day of December, A.D. 1850; To Which Are Prefixed the Constitution of the State of Missouri, And the Act of Congress Authorizing the People of Missouri Territory to Form a State Government, and the Ordinance of the Convention of the People of Missouri, By Their Representatives, Declaring the Assent of the People of Missouri to the Conditions and Provisions of the Said Act of Congress, City of Jefferson: James Lusk, Public Printer, 1851, 53. Spelling, capitalization, and punctuation as in the Session Law print. The amendment was proposed and approved by the General Assembly in 1851, but not ratified by the subsequent legislature. The amendment proposed to alter the first amendment of 1849 (q.v.).

Amendment of 1853 Proposed Amendment to the Constitution1

S ECT. 1. The legislature shall have no power to grant divorces, but may authorize the courts of justice to grant them, for such causes as may be specified by law; provided, that such laws be general and uniform in their operation throughout the state. 1

Verified by Laws of the State of Missouri, Passed at the Second Session of the Seventeenth General Assembly, Begun and Held at the City of Jefferson On Monday the Twenty-Seventh Day of December, A.D. 1852, City of Jefferson: James Lusk, Public Printer,

1853, 3. Spelling, capitalization, and punctuation as in the Session Law print. The amendment, later styled art. IX of amendments, was proposed and adopted by the General Assembly in 1851 (Laws of the State of Missouri, Passed at the Session of the Sixteenth General Assembly, Begun and Held at the City of Jefferson on Monday, the Thirtieth Day of December, A.D. 1850; To Which Are Prefixed the Constitution of the State of Missouri, and the Act of Congress Authorizing the People of Missouri Territory to Form a State Government, and the Ordinance of the Convention of the People of Missouri, By Their Representatives, Declaring the Assent of the People of Missouri to the Conditions and Provisions of the Said Act of Congress, City of Jefferson: James Lusk, Public Printer, 1851, 54) and ratified by the subsequent legislature.

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Amendment of 1855 Adopted Amendment to the Constitution1

That all that territory, now known as the county of Schuyler, is hereby declared to constitute a constitutional county, and as such, shall be entitled to all the privileges, civil and political, which now belong to any county within the state of Missouri. 1

Verified by Laws of the State of Missouri, Passed at the First Session of the Eighteenth General Assembly,

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Begun and Held at the City of Jefferson On Monday the 25th Day of December, A.D., 1854, By Authority, Jefferson City: James Lusk, Public Printer, 1855, 4. Spelling, capitalization, and punctuation as in the Session Law print. The amendment, later styled art. X of amendments, was proposed and adopted by the General Assembly on February 23, 1853 (Laws of the State of Missouri, Passed at the Second Session of the Seventeenth General Assembly, Begun and Held at the City of Jefferson On Monday the Twenty-Seventh Day of December, A.D. 1852, City of Jefferson: James Lusk, Public Printer, 1853, 3) and ratified by the subsequent legislature on February 13, 1855.

First Amendment of 1857 [Amendment to the Constitution]1

That so much of the Constitution as was established, confirmed, and ratified at, and by, the Fifteenth General Assembly of the State of Missouri,2 that reads as follows, be, and the same are hereby, abolished, viz: “And the members of the General Assembly shall receive, as compensation for their services, not exceeding three dollars per day, for the first sixty days, and, after that time, not to exceed one dollar per day, for the remainder of the session, except at a revision session, they may receive a compensation, not to exceed three dollars per day, for the first one hundred days, and one dollar per day for the remainder of the session; but the General Assembly may allow a greater com-

pensation to the presiding officers of each House.”

1

Verified by Laws of the State of Missouri, Passed by the Nineteenth General Assembly, Begun and Held at the City of Jefferson, On Monday, the 29th Day of December 1856. By Authority, City of Jefferson: Published by James Lusk, Public Printer, 1857, 5. Spelling, capitalization, and punctuation as in the Session Law print. The amendment was proposed and adopted by the General Assembly on March 5, 1855 (Laws of the State of Missouri, Passed at the First Session of the Eighteenth General Assembly, Begun and Held at the City of Jefferson On Monday the 25th Day of December, A.D. 1854, Jefferson City: James Lusk, Public Printer, 1855, 715) and ratified by the subsequent legislature on February 12, 1857. 2 Refers to First amendment of 1849 (q.v.), with minor deviations from original text.

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Second Amendment of 1857 Proposed Amendments to the Constitution in relation to Banking1

S ECT. 1. Article eight of the Constitution of the State of Missouri, respecting Banks, be, and the same is hereby, abolished, and the following substituted in lieu thereof: – Article VIII. – The General Assembly shall have power to establish such Bank or Banks as may be deemed necessary for the interests of the State; but any Bank, so established, shall be based upon a specie capital, and made liable to redeem its issues in gold or silver; Provided, that the number of Banks chartered shall never exceed ten, and the aggregate amount of capital

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shall never exceed twenty millions of dollars. 1

Verified by Laws of the State of Missouri, Passed by the Nineteenth General Assembly, Begun and Held at the City of Jefferson, On Monday, the 29th Day of December 1856. By Authority, City of Jefferson: Published by James Lusk, Public Printer, 1857, 6. Spelling, capitalization, and punctuation as in the Session Law print. The amendment was proposed and adopted by the General Assembly on March 3, 1855 (Laws of the State of Missouri, Passed at the First Session of the Eighteenth General Assembly, Begun and Held at the City of Jefferson On Monday the 25th Day of December, A.D. 1854, Jefferson City: James Lusk, Public Printer, 1855, 4–5) and ratified by the subsequent legislature on January 23, 1857.

Amendment of 1859 Proposed Amendment to the Constitution upon the subject of State indebtedness1

The public debt of this State, created by the issue of bonds or other State securities, or by incurring any State liability whatever, for the prosecution of internal improvements, or for any other purpose, shall never exceed the sum of thirty millions of dollars; and the Legislature shall have no power to create any State liability beyond this amount, except to repel invasion, or to suppress insurrection or civil war.

1

Verified by Laws of the State of Missouri, Passed at the First Session of the Twentieth General Assembly, Begun and Held at the City of Jefferson, On Monday, the 27th Day of December, 1858. By Authority, Jefferson City: C. J. Corwin, Public Printer, 1859, 3. Spelling, capitalization, and punctuation as in the Session Law print. The amendment was proposed and adopted by the General Assembly on March 4, 1857 (Laws of the State of Missouri, Passed by the Nineteenth General Assembly, Begun and Held at the City of Jefferson, On Monday, the 29th Day of December 1856. By Authority, City of Jefferson: Published by James Lusk, Public Printer, 1857, 5) and ratified by the subsequent legislature.

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Amendment of 1861 An Act to ratify constitutional amendment for new county, north of Gentry. Amendment to the Constitution of the State of Missouri, proposed at the session of 1858 and 1859, of the General Assembly of the said State1

The General Assembly shall have power to establish a county consisting of all that territory lying within the following limits, which shall possess and enjoy all the powers and privileges of any county now established, anything in the third article of amendments2 to the constitution to the contrary notwithstanding; namely, the territory lying between the northern boundary of Gentry county proper, and the northern boundary of the State of Missouri, and between the former western boundary of said State and the line dividing ranges twentynine and thirty, west of the fifth principal meridian.

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1

Verified by Laws of the State of Missouri, Passed at the Regular Session of the 21st General Assembly, Begun and Held at the City of Jefferson, On Monday, December 31, 1860. By Authority, Jefferson City: W. G. Cheeney, Public Printer, 1861, 3. Spelling, capitalization, and punctuation as in the Session Law print. The amendment was proposed and adopted by the General Assembly in the session of 1858–59 (Laws of the State of Missouri, Passed at the First Session of the Twentieth General Assembly, Begun and Held at the City of Jefferson, On Monday, the 27th Day of December, 1858. By Authority, Jefferson City: C. J. Corwin, Public Printer, 1859, 3–4) and ratified by the subsequent legislature on January 30, 1861. 2 This is the First Amendment of 1849 (q.v.).

Failed Constitution of Missouri (1846)

Constitution of the State of Missouri1

We, the people of the State of Missouri, by our delegates in Convention assembled, do ordain and establish the following Constitution:

ARTICLE I Of Boundaries SECT. 1. We do declare, establish, ratify and confirm the following as the permanent boundaries of the State of Missouri2 : 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 the St. Francois river: – thence up, and following the course of that river, in the middle of the main channel thereof, to the parallel of latitude of thirty six degrees and thirty minutes: – thence west, along the same, to a point where the said parallel is intersected by a meridian line passing 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 middle of the main channel of the Missouri river: – thence up, and following the course of said stream, in the middle of the main channel thereof, to the intersection of the parallel of latitude which passes through the rapids of the river Des Moines: – thence east, from the point of intersection last aforesaid, along the said parallel of latitude, to the middle of the main channel of the main fork of the said river Des Moines: – thence down along the middle of the main

channel of the said river Des Moines, to the mouth of the same, where it empties into the Mississippi river: – thence due east to the middle of the main channel of the Mississippi river: – thence down, and following the course of the Mississippi river, in the middle of the main channel thereof, to the place of beginning. SECT. 2. The General Assembly shall have power to appoint Commissioners to act in conjunction with commissioners from any other state, to adjust the eastern boundary of the state, and to determine what Islands in the Mississippi river are within the limits of the state of Missouri. SECT. 3. The General Assembly shall have power, with the consent of the United States, to acquire additional territory, and to extend the boundary of this State so as to include such additional territory as may hereafter be acquired by the State. SECT. 4. All that territory of the State of Missouri, which is bounded on the east by the middle of the main channel of the Mississippi river, on the north by the line that separates townships forty four and forty five, on the west by a meridian line running through the middle of Range six east, and on the south by the line that separates townships forty three and forty four north, is hereby ceded to the government of the United States, for the purpose of locating and keeping thereon the seat of government of the United States, in conformity to the sixteenth clause of the eighth section of the first article of the Constitution of the United

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M ISSOURI States. This section shall not take effect until the Congress of the United States shall have assented to the same and provided for the removal of the seat of government of the United States to the district hereby ceded to the United States.

ARTICLE II Of the distribution of powers The powers of government shall be divided into three distinct departments, each of which shall be confided3 to a separate magistracy; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any powers properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.

ARTICLE III Of the Legislative Power SECT. 1. The Legislative power shall be vested in a “General Assembly” which shall consist of a “Senate and House of Representatives”. SECT. 2. The House of Representatives shall consist of members to be chosen every second year, by the qualified electors of the several counties, apportioned in the following manner to wit: The ratio of Representation shall be ascertained at each apportioning session of the Legislature, by dividing the whole number of permanent free white inhabitants of the State, by the number one hundred. Each county having three-fifths of said ratio shall be entitled to one representative: Each county having said ratio and a fraction over, equal to two thirds, shall be entitled to two representatives: Each county having twice said ratio and a fraction over, equal to two thirds, shall be entitled

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to three representatives: Each county having four times said ratio shall be entitled to four representatives, and so on above that number giving one additional member for each additional ratio. And when any county entitled to more than two representatives shall have a town or city therein with the full amount of said ratio, such town or city shall be entitled to a separate representation from the county: provided the residue of the county shall amount to the ratio: and in such case town4 or city shall be divided into as many separate districts as the number of members apportioned to such town or city, containing as near as may be an equal number of permanent free white inhabitants; which division shall be made by the tribunal transacting county business in the county, as soon after each apportionment as is practicable, and shall not be changed until after the succeeding apportionment; each of which districts shall elect one representative: provided, however, that when any county having less than three fifths of said ratio shall not be contiguous to any other county with less than three fifths thereof, such county shall nevertheless be entitled to one representative; and in all other cases of small counties having less than three fifths they shall be formed into districts containing two thirds of said ratio, and shall be entitled to one member for the same. SECT. 3. No person shall be a member of the House of Representatives who shall not have attained the ago 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 or district which he represents, one year next before his election, if such county or district shall have been so long established; but if not, then of the county or counties, district or districts from which the same shall have been taken, and who shall

FAILED C ONSTITUTION OF M ISSOURI (1846) not moreover have paid a state or county tax within one year next preceding his election. SECT. 4. The General Assembly at their first session after the adoption of this constitution, shall cause an enumeration of the permanent free white inhabitants of this state to be made, and at the first session after the enumeration, shall apportion the number of representatives among the several counties as directed by the second section of this article: And every fourth year thereafter they shall cause a like enumeration to be made, and shall apportion the representatives among the several counties according to the same section, except that two thirds of the ratio shall be required instead of three fifths to entitle a county to one member. SECT. 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 age 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 next preceding his election, and of the district which he may be chosen to represent, one year next before his election, if such district shall have been so long established; but if not, then of the district or districts from which the same shall have been taken, and who shall not moreover have paid a state or county tax, within one year next preceding his election. SECT. 6. The Senate shall consist of not less than twenty five nor more than thirty three members; for the election of whom the state shall be divided into convenient districts, which may be altered from time to time, and new districts established as public convenience may require, and the senators shall be apportioned among the several districts according to the number of permanent free white 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, nor shall said district so composed of two or more counties, be entitled to more than one senator; and no county shall be divided in forming such a district; except a county whose population shall entitle it to two or more senators, in which case said county shall be divided by the tribunal transacting county business as soon after each apportionment as is practicable, into as many districts as it may be entitled to senators, which districts shall not be changed until after the succeeding apportionment, each of which districts shall contain as near as may be an equal number of permanent free white inhabitants, and elect one senator. And any person otherwise qualified who has lived in such senatorial district one month shall be entitled to vote in the same and until he shall acquire the right to vote in such district, he shall be entitled to vote in the district from which he removed. SECT. 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. SECT. 8. After the first day of January one thousand eight hundred and forty eight, all general elections shall commence on the first Monday in August, and shall be held biennially, and the electors in all cases except of treason, felony or breach of peace, shall be privileged from arrest during their continuance at elections, and in going to and returning from the same. SECT. 9. The Governor shall issue writs

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M ISSOURI of election to fill such vacancies as may occur in either house of the General Assembly. SECT. 10. Every free white male citizen of the United States, who may 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 officers, where a county shall be districted, any person who is otherwise qualified, and shall have resided in a representative district for one month, shall have a right to vote in such district; and until he acquires a right to vote in the district to which he has removed, he shall have the right to vote in the district from which he removed: provided that no soldier, seaman or mariner, in the regular army or navy of the United States, shall be entitled to vote at any election in this state. No person who has been convicted of any felonious or infamous crime in any foreign country or any state of this Union or who has become a fugitive from justice from such country or state on account of the commission of such crime, shall be permitted to vote in this state. This disqualification shall not extend to any offence of a political nature nor to any offence which would not be considered felonious or infamous in this state. SECT. 11. No Judge of any court of law or equity, Secretary of State, Attorney General, State Auditor, State or county Treasurer, Register or Recorder, clerk of any court of Record, Sheriff, Coroner, Member of Congress, or other person holding any lucrative office under the United States or of this state, militia officers, justices of the peace and postmasters excepted, shall be eligible to either house of the General Assembly. SECT. 12. No person who now is, or hereafter may be a collector or holder of

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public money, nor any assistant or deputy of such collector or holder of public money, shall be eligible to either house of the General Assembly, nor to any office of profit or trust, unless he shall, prior to his election or appointment, have accounted for and paid all sums for which he may be accountable. SECT. 13. No person while he continues to exercise the functions of a bishop, priest or clergyman, or teacher of any religious persuasion, denomination, society or sect whatever, shall be eligible to the office of Gover-nor, Lieutenant Governor, or to either house of the General Assembly, nor to the office of Judge in any court of Record. SECT. 14. The General Assembly shall have power to exclude from every office of honour, trust or profit within this state, and from the right of suffrage, all persons convicted of bribery or other infamous crime. SECT. 15. Every person who shall directly or indirectly give, or offer any bribe to procure his election or appointment to any office, or the election or appointment of any other person, shall, on conviction, be disqualified for an elector, and for any office of honour, profit or trust under this state. SECT. 16. No Senator or Representative, shall, during the term for which he shall have been elected, be appointed to any civil office under this state, during said term, except such offices as shall be filled by elections by the people. SECT. 17. The General Assembly shall have power to pass laws regulating proceedings in cases of contested elections of Senators and Representatives. Each house shall appoint its own officers and, shall judge of the qualifications, elections, and returns, of its own members. A majority of each house shall constitute a quorum, to do business, but a smaller number may adjourn from day to day, and may compel the attendance of

FAILED C ONSTITUTION OF M ISSOURI (1846) absent members, in such manner and under such penalties, as each house may provide. SECT. 18. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the concurrence of two thirds of all the members elected, expel any member, but no member shall be expelled a second time for the same cause. They shall each from time to time, publish a journal of their proceedings, except such parts as may, in their opinion, require secrecy; and the yeas and nays on any question, shall be entered on the journal, at the desire of any five members. SECT. 19. The doors of each house and of committees of the whole shall be kept open, except in cases which may require secrecy; and each house may punish by fine or imprisonment, any person not a member who shall be guilty of disrespect to the house by any disorderly or contemptuous behaviour in their presence, during their session: provided that such fine shall not exceed three hundred Dollars, and such imprisonment shall not exceed forty eight hours for one offence. SECT. 20. Neither house shall, without the consent of the other, adjourn for more than two days at any one time, nor to any other place than to that in which the two houses may be sitting. SECT. 21. Bills may originate in either house, and may be altered, amended or rejected, by the other, except bills for raising revenue, which shall originate only in the house of Representatives; and every bill shall be read on three different days in each house, unless two thirds of the house where the same is depending shall dispense with this rule; and every bill having passed both houses, shall be signed by the Speaker of the House of Representatives and by the President of the Senate.

SECT. 22. When any officer civil or military shall be appointed by a joint or concurrent vote of both houses, or by the separate vote of either house, of the General Assembly, the votes shall be publicly given viva voce, and entered on the journals; the whole list of members shall be called, and the names of absentees shall be noted and published with the journals5 . SECT. 23. The Senators and Representatives, in all cases, except of treason, felony or breach of the peace shall be privileged from arrest, during the session of the General Assembly, and for fifteen days next before the commencement and after the termination of each session; and for any speech or debate in either house they shall not be questioned in any other place. SECT. 24. The members of the General Assembly shall severally receive from the public Treasury a compensation for their services which may from time to time be increased or diminished by law; but no alteration, increasing or tending to increase the compensation of members, shall take effect during the session at which such alteration shall be made; and no session shall continue longer than sixty days. SECT. 25. The General Assembly shall direct by law, First, In what manner and in what courts suits may be brought against the state, Second, The cases in which deductions shall be made from the salaries of public officers for neglect of duty in their official capacity, and the amount of such deductions. SECT. 26. The General Assembly shall have no power to pass laws, First, For the emancipation of slaves without the consent of their owners, and without paying them before such emancipation a full equivalent for such slaves so emancipated, and removing such slaves so emancipated out of this

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M ISSOURI state, Second, To prevent bona fide immigrants to this state, or actual settlers therein from bringing from any of the United States or from their territories, such persons as may there be deemed to be slaves, so long as any persons of the same description are allowed to be held as slaves by the laws of this state.

of an impartial trial by jury, and courts of justice before whom slaves shall be tried shall assign them counsel for their defence.

SECT. 27. The General Assembly shall have power to pass laws, First, To prohibit the introduction into this state of any slaves who may have committed any high crime in any other state or territory. Second, To prohibit the introduction of any slave for the purpose of speculation, or as an article of trade or merchandize. Third, To prohibit the introduction into this state of any slave, or the offspring of any slave who heretofore may have been, or who hereafter may be imported from any foreign country into the United States or any territory thereof in contravention of any existing statute of the United States, and Fourth, To permit the owners of slaves to emancipate them [(]saving the rights of creditors) where the person6 so emancipating will give security that the slave7 so emancipated shall be forthwith removed out of the State.

SECT. 31. The General Assembly shall have no power to pass any law whereby any debt shall be created that shall cause the entire indebtedness of the state contracted under this Constitution, to exceed at any one time twenty five thousand dollars, except in cases of war, insurrection or invasion. But the General Assembly may propose by a vote of a majority of all the members elected to both branches thereof, the creation of a debt for any specified purpose, which shall be submitted to the direct vote of the people at the next General Election thereafter, and if approved by a majority of the qualified voters voting on such question, shall be of full force and effect; provided that each proposition shall be for one object alone, and shall propose the ways and means by taxation for the payment of the debt and interest as they become due: And provided further, that no more than one proposition shall be submitted by any one session of the General Assembly, and that the debt proposed shall not have a longer time to run than twenty years.

SECT. 28. It shall be the duty of the General Assembly, as soon as may be, to pass such laws as may be necessary, First, To prevent free negroes and mulattoes from coming to and settling in this state under any pretext whatever, provided, that nothing in this constitution shall be construed to conflict with the provisions of the first clause of the second section of the fourth article of the Constitution of the United States, Second, To oblige the owners of slaves to treat them with humanity, and to abstain from all injuries to them, extending to life or limb. SECT. 29. In prosecutions for felony and capital crimes, slaves shall not be deprived

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SECT. 30. Any person who shall maliciously deprive of life or dismember a slave, shall suffer such punishment as would be inflicted for the like offence, if it were committed on a free white person.

SECT. 32. The General Assembly shall not have power to grant a divorce in any case. SECT. 33. The power to provide for the organization and government of the militia, shall be vested in the General Assembly. SECT. 34. No private or local bill which may be passed by the General Assembly shall embrace more than one subject, and that shall be expressed in the title.

FAILED C ONSTITUTION OF M ISSOURI (1846) SECT. 35. The Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General, and all Judges of the Courts of law and equity, shall be liable to impeachment for any misdemeanor in office, but judgment in such cases shall not extend further than removal from office and disqualification to hold any office of honor, trust or profit under the state government. SECT. 36. The house of Representatives shall have the sole power of impeachment. All impeachments shall be tried by the senate, and when sitting for that purpose, the Senators shall be on oath or affirmation to do justice according to law and evidence. When the Governor shall be tried, the presiding Judge of the Supreme Court shall preside, and no person shall be convicted without the concurrence of two thirds of all the Senators elected. SECT. 37. A state Treasurer shall be biennially appointed by a joint vote of the two houses of the General Assembly, who shall keep his office at the seat of government: No money shall be drawn from the treasury but in consequence of appropriations made by law or joint resolution; and an accurate account of the receipts and expenditures of the public money shall be annually published. SECT. 38. The appointment of all officers, not otherwise directed by this constitution shall be made in such manner as may be prescribed by law; and all officers both civil and military under the authority of this state, shall, before entering on the duties of their respective offices, take an oath or affirmation to support the constitution of the United States and of this state and to demean themselves faithfully in office. Any person who, after the ratification of this constitution shall be engaged in a duel either as principal, second, surgeon, accessory or abettor, or in giving, accepting or knowingly

carrying a challenge to fight a duel, shall be disqualified from holding any civil or military office or appointment in this State, and if any person thus disqualified shall receive an appointment, election or commission, the same shall be void. SECT. 39. It shall be the duty of the General Assembly to provide by law for the mode and manner in which the survivor of a duel and his estate, shall be rendered responsible to, and be charged with, a compensation for the wife and children of the deceased whom he has slain. SECT. 40. The General Assembly shall meet on the first monday of November eighteen hundred and forty eight, and thereafter the general Assembly shall meet once in every two years, and such meeting shall be on the first monday of November unless a different day be fixed by law. SECT. 41. No county now established by law shall ever be reduced by the establishment of new counties or otherwise to less than twenty miles square: nor shall any county hereafter be established which shall contain less than five hundred square miles, nor shall any new county be hereafter organized, so as to entitle such county to separate representation, unless the number of permanent free white inhabitants therein, shall at the time be equal to two thirds of the ratio of representation then being; but may be organized with a smaller number for all other purposes, civil and military: but residuums of territory upon the northern boundary of the state, containing four hundred square miles may have county organization. SECT. 42. No person holding an office of profit under the United States shall during his continuance in office be elected or appointed to or hold any office of profit under this state.

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M ISSOURI SECT. 43. Within ten years after the adoption of this constitution, all the statute laws of a general nature, both civil and criminal, shall be revised digested and promulgated in such manner as the General Assembly shall by law direct: and a like revision, digest and promulgation, shall be made at the expiration of every subsequent period of sixteen years. SECT. 44. The style of the laws of this state shall be “Be it enacted by the General Assembly of the State of Missouri.”

ARTICLE IV Of the Executive Power SECT. 1. The Supreme executive power shall be vested in a chief magistrate, who shall be styled the Governor of the State of Missouri. SECT. 2. The Governor shall be at least thirty years of age, a free white citizen of the United States, and shall have been a citizen of the United States ten years, and of the State of Missouri at least five years next preceding his Election. SECT. 3. The Governor shall hold his office for four years and untill a successor be duly elected and qualified. He shall be elected in the manner following – at the time and place of voting for members of the House of Representatives, the qualified electors shall vote for a Governor, and when two or more persons have an equal number of votes and a higher number than any other person, the election shall be decided between them by a joint vote of both houses of the General Assembly at their next session. SECT. 4. The Governor shall be ineligible for the next four years after the expiration of his term of service.

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SECT. 5. The Governor shall be commander in chief of the army and navy of this state; except when they shall be called into the service of the United States, but need not command in person unless advised so to do by a resolution of the General assembly. SECT. 6. The Governor shall have power, after conviction, to remit fines and forfeitures, and except in cases of impeachment, to grant reprieves and pardons. SECT. 7. The Governor shall, from time to time, give to the General Assembly information relative to the state of the government and shall recommend to their considerations8 such measures as he shall deem necessary and expedient. On extraordinary occasions, he may convene the General Assembly by proclamation, and shall state to them the purpose for which they are convened. SECT. 8. The Governor shall take care that the laws be distributed and faithfully executed; and he shall be a conservator of the peace throughout the State. SECT. 9. When any office, except that of sheriff or coroner, shall become vacant the Governor shall appoint a person to fill such vacancy, who shall continue in office until a successor be duly appointed and qualified according to law. SECT. 10. Every bill which shall have been passed by both houses of the General Assembly, shall before it becomes a law, be presented to the Governor for his approbation. If he approve, he shall sign it; if not, he shall return it with his objections, to the house in which it shall have originated; and the house shall cause the objections to be entered at large upon its journal, and shall proceed to reconsider the bill. If after such reconsideration a majority of the members to that house shall agree to pass the same,

FAILED C ONSTITUTION OF M ISSOURI (1846) it shall be sent, together with the objections, to the other house; by which it shall be in like manner reconsidered, and if approved by a majority of all the members ejected to that house, it shall become a law.– In all such cases the votes of both houses shall be taken by yeas and nays, and the names of the members voting for and against the bill, shall be entered on the journals of each house respectively.– If any bill shall not be returned by the Governor within four days (Sundays excepted) after it shall have been presented to him, the same shall become a law in like manner as if the Governor had signed it; unless the General Assembly by its adjournment, shall prevent its return, in which case it shall not become a law. SECT. 11. Every resolution to which the concurrence of the Senate and House of Representatives may be necessary, except in cases of adjournment, shall be presented to the Governor and before the same shall take effect, shall be proceeded upon in the same manner as in the case of a bill. SECT. 12. There shall be an Auditor of public accounts whom the Governor by and with the advice and consent of the Senate shall appoint. He shall continue in office four years, and until his successor is duly appointed and qualified; and shall perform such duties as may be prescribed by law. His office shall be kept at the seat of Government. SECT. 13. The Governor shall, at stated times receive for his services an adequate salary to be fixed by law; which shall neither be increased nor diminished after his election and during his continuance in office. SECT. 14. There shall be a Lieutenant Governor who shall be elected at the same time, in the same manner, for the same term, and shall possess the same qualifications

as the Governor. The electors shall distinguish for whom they vote as Governor and for whom as Lieutenant Governor. SECT. 15. The Lieutenant Governor shall, by virtue of his office be president of the Senate. In committee of the whole, he may debate on all questions; and, when there is an equal division, he shall give the casting vote in the Senate, and also in joint vote of both houses. SECT. 16. When the office of Governor shall become vacant, by death, resignation, absence from the state, removal from office, refusal to qualify, impeachment or otherwise, the Lieutenant Governor or in case of like disability on his part, the President of the Senate protempore, or if there be no President of the Senate protempore, the Speaker of the House of Representatives shall possess all the powers and discharge all the duties of Governor, and shall receive for his services the like compensation untill such vacancy be filled, or the Governor so absent or impeached shall return or be acquitted: and if at any time the President of the Senate or Speaker of the House of Representatives shall be the acting Governor, another presiding officer shall be chosen in his place by the body over which he presides9 . SECT. 17. Whenever the office of Governor shall become vacant, by death, resignation, removal from office or otherwise, the lieutenant Governor or other person exercising the power of Governor for the time being shall as soon as may be, cause an election to be held to fill such vacancy, giving three months previous notice thereof; and the person elected shall not thereby be rendered ineligible to the office of Governor for the next succeeding term. Nevertheless if such vacancy shall happen within eighteen months of the end of the term for which the late Governor shall have been elected, the same shall not be filled.

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M ISSOURI SECT. 18. The Lieutenant Governor or President of the Senate protempore, while presiding in the Senate shall receive the same compensation as shall be allowed to the speaker of the House of Representatives. SECT. 19. The returns of all Elections of Governor and Lieutenant Governor shall be made to the Secretary of State in such manner as may be prescribed by law. SECT. 20. Contested Elections of Governor and Lieutenant Governor, shall be decided by a joint vote of both houses of the General Assembly, in such manner as shall be prescribed by Law. SECT. 21. There shall be a Secretary of State, whom the Governor by and with the advice and consent of the Senate shall appoint, he shall hold his office during the continuance in office of the Governor appointing him, and untill his successor shall be duly qualified; unless sooner removed on impeachment. He shall keep a register of all the official acts and proceedings of the Governor, and when necessary shall attest the same; and he shall lay the same together with all papers relative thereto before either house of the General Assembly, whenever required so to do; and shall perform such other duties as may be enjoined on him by law. SECT. 22. The Secretary of State shall keep the seal of State with such emblems and devices as are directed by law, which shall not be subject to change. It shall be called the “Great seal of the State of Missouri;” and all official acts of the Governor his approbation of the laws excepted, shall be thereby authenticated. SECT. 23. There shall be elected in each county, by the qualified electors, at the time and place of electing representatives, a sheriff and a coroner. They shall

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serve for two years, and until a successor be duly qualified, unless sooner removed for misdemeanor in office; and shall be ineligible four years in any period of eight years. The sheriff and coroner shall each give security for the faithful discharge of the duties of his office, in such manner as shall be prescribed by law. Whenever a county shall be hereafter established, the Governor shall appoint a sheriff and coroner therein, who shall each continue in office until the next succeeding general election and until a successor shall be duly qualified. SECT. 24. Whenever vacancies shall happen in the office of Sheriff or coroner the Judges of the tribunal transacting county business, or a majority of them, shall as soon as may be, cause an election to be held to fill such vacancy, giving fifteen days previous notice thereof; said Judges having the power in the mean time of making temporary appointments; and the person elected shall continue in office untill his successor is duly qualified. Nevertheless if such vacancy shall happen within six months of the end of the term for which the late sheriff or coroner shall have been elected or appointed, the said Judges or a majority of them, may in their discretion, order such election or fill such vacancy by appointment, and the sheriff or coroner so elected or appointed shall not thereby be rendered ineligible for the next succeeding term. SECT. 25. In all elections of sheriff and coroner, when two or more persons have an equal number of votes, and a higher number than any other person, the circuit Courts of the Counties, shall give the casting vote: and all contested elections shall be decided by the Circuit Courts respectively, in such manner as the General Assembly may by law prescribe.

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ARTICLE V Of Judicial Powers SECT. 1. The Judicial power as to matters of law and equity shall be vested in a Supreme Court, Circuit Courts, County Courts, Justices of the peace and such other tribunals inferior to the circuit Courts as the General Assembly may from time to time ordain and establish. SECT. 2. The Supreme Court except in cases otherwise directed by this Constitution shall have appellate jurisdiction only, which shall be coextensive with the State under the restrictions and limitations in this constitution provided. SECT. 3. The Supreme Court shall have a general superintending control ever all inferior courts; it shall have power to issue writs of habeas corpus, mandamus, prohibitation10 , quo warranto, information in the nature of writs of quo warranto, certiorari, and other original remedial writs, and to hear and determine the same. SECT. 4. The Supreme Court shall consist of three Judges, any two of whom shall be a quorum; it shall hold two sessions annually at the seat of Government untill otherwise directed by law. SECT. 5. The Governor shall nominate and by and with the advice and consent of the Senate, shall appoint the Judges of the Supreme Court, Each Judge shall be appointed for the term of twelve years; and every appoint-ment to fill a vacancy shall be for the residue of the term only, but in all cases, the Judge shall hold over until a successor shall be appointed and qualified. SECT. 6. The judges of the supreme Court shall be conservators of the peace throughout the State, they shall receive at stated times an adequate compensation for their services to be fixed by law which shall

not be diminished during the term for which they shall have been appointed. SECT. 7. The judges of the Supreme Court or any two of them shall appoint the clerk of said Court, who shall hold his office for the term of six years, and until his successor is appointed and qualified. SECT. 8. No Judge of the Circuit Court shall be elected or appointed to any office of honor, profit or trust under the government of this State, during the term for which he shall have been elected or appointed, except that a Judge of the Circuit Court, may be appointed to the Supreme Court; Provided that if any judge shall resign his office, he shall not be ineligible to any office for a longer period than twelve months after such resignation. If any Judge shall offer or consent to be a candidate for any office under the government of the United States, such offer or consent shall be taken and considered a voluntary resignation of his office. SECT. 9. The state shall be divided into ten compact convenient circuits, which number of circuits shall not be increased within ten years after the adoption of this constitution. SECT. 10. No circuit shall be altered or changed at any session of the General Assembly next preceding the regular election for Judge of such circuit, nor shall such change occur oftener than once in six years, but the General Assembly may add to any circuit, any new county hereafter organized. SECT. 11. For each circuit there shall be a judge chosen by the qualified electors therein, who shall hold his office for the term of six years and until his successor shall be elected and qualified; when a vacancy shall happen in the office of circuit judge within one year of the expiration of the term for which he was elected, such vacancy shall

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M ISSOURI be filled by an appointment by the Governor, in all other cases of vacancy it shall be filled by an election: He shall receive at stated times an adequate compensation for his services to be fixed by law, which shall not be diminished during the term for which he shall have been elected. After his election he shall reside and be a conservator of the peace in said circuit11 . SECT. 12. If there be a vacancy in the office of Judge of any circuit, or if he be sick, absent, or from any cause unable to hold any term of court of any county of his circuit, such term of Court may be held by a judge of any other circuit; and at the request of the Judge of any circuit, any term of court in his circuit may be held by the Judge of any other circuit. SECT. 13. The circuit Court shall have jurisdiction over all criminal cases not otherwise provided for by law and exclusive original jurisdiction over all civil cases in law and equity not cognizably12 before county Courts or Justices of the Peace; until otherwise directed by law, it shall hold its terms in such place in each county, and at such times as the General Assembly shall by law direct. SECT. 14. The Circuit Court shall exercise a supretending control over all inferior Courts and entertain, appeals therefrom in such cases and in such manner as shall be prescribed by law. SECT. 15. The Circuit Court as a Court of chancery shall have power to grant divorces in all cases prescribed by law, to make such provisions for the aggrived party, and the custody support and education of minor children as shall be just and equitable. SECT. 16. The Supreme Court and Circuit Court shall exercise chancery jurisdiction in such manner and under such restrictions as shall be prescribed by law.

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SECT. 17. No person shall be appointed judge of the Supreme Court or elected judge of the Circuit Court unless he shall be a citizen of the United States, shall be at least thirty years old, and shall have resided five years in this State. SECT. 18. The clerks of the Circuit and County Courts shall be chosen by the qualified electors of the County, and shall hold their office for the term of six years, and until their successors shall be elected and qualified, and for any misdemeanor in office they shall be liable to be tried and removed in such manner as the General Assembly shall provide by law, and if any vacancy in the office of the clerk of the Circuit or County Court shall happen within one year next before the expiration of the term of six years the Judge or judges of the Court shall fill the same; but in all other cases a v[ac]ancy shall be filled by an election. SECT. 19. There shall be in each County a County Court with power to transact County business and to perform all such duties as may be prescribed by law. SECT. 20. There shall be in each township of every County chosen by the qualified electors thereof, as many Justices of the peace as the public good may require, their powers, duties, compensation, liabilities, and tenure of office shall be regulated by law. SECT. 21. There shall be a day appointed by law, for the election of Judicial officers and clerks, distinct from the day of any other election in the state. SECT. 22. The Governor by and with the advice and consent of the Senate, shall appoint an Attorney General, who shall hold his office for the term of four years and until his successor shall be appointed and qualified; he shall receive at stated times such compensation as shall be allowed him, and

FAILED C ONSTITUTION OF M ISSOURI (1846) shall perform such duties as shall be required by law. SECT. 23. The proceedings of all courts and tribunals shall be conducted and their records kept in the English language, except that the proper and known names of process and technical words may be expressed in the language heretofore and now commonly used; all writs and process shall run, and all prosecutions shall be conducted in the name of the State of Missouri; all writs shall be tested by the clerk of the court from which they issue, and all indictments shall conclude against the peace and dignity of the State. SECT. 24. Any Judge of the Supreme or Circuit Court may be removed from office on the address of three fifths of each house of the General Assembly to the Governor for that purpose; but each house shall state on its journal, the cause for which it may desire the removal of such judge, and give him notice thereof, and he shall have the right to be heard in his defence in such manner as the General Assembly shall direct; but no Judge shall be removed for any cause for which he might have been impeached. SECT. 25. If any cause shall be pending in the Supreme Court in which all or either of the Judges thereof shall be personally interested, the Governor shall appoint competent persons to act as Judges during the trial of such cause in the place of the Judges thus interested.

ARTICLE VI Of Education SECT. 1. Schools and the means of education shall forever be encouraged in this State; and the General Assembly shall take measures to preserve from waste, or damage, such lands as have been or hereafter

may be granted by the United States, for the use of schools within each township in this State, and shall apply the funds which may arise by sale or otherwise, from such lands in strict conformity to the object of the grant. SECT. 2. There shall be a Supreintendent of public schools, who shall be appointed in such mode, and receive such compensation as the Legislature shall direct. SECT. 3. The Legislature shall establish free public schools throughout the state, and shall provide means for their support, by taxation on property, and by capitation tax or otherwise. In such schools there shall be no distinction for or against any religious sect or denomination, and all the scholars shall be on terms of equality. And in all such schools the English language shall be taught and all instruction shall be given in that language. SECT. 4. There shall be appropriated for the purposes of education by means of such schools. First, The proceeds of all lands heretofore granted by the United States to this State for the use or support of Schools, whether derived from sales or otherwise, and of all lands, which have been or which may hereafter be granted or devised to this State, and not expressly granted or devised for any other purpose; but nothing in this subdivision shall be construed to conflict with the first of the five propositions contained in the act of Congress of the United States, approved March the sixth, one thousand eight hundred and twenty, entitled “An act to authorize the people of Missouri territory to form a constitution and State government and for the admission of such State into the Union on an equal footing with the original States, and to prohibit slavery in certain territories;”13 Second: The proceeds of the estates of all deceased persons, to which the State

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M ISSOURI has become entitled by law, and which have not been otherwise appropriated; and of the estates of all deceased persons which the state may hereafter become entitled to by law; and of all fines and forfeitures that may hereafter accrue according to law in this State; Third: All the moneys with the interest thereon, received by this State from the United States, by virtue of an act of Congress, approved June twenty-third one thousand eight hundred and thirty six, entitled “An act to regulate the deposites of the public money,”14 provided that if said money be called for by the United States, it shall be refunded accordingly. Fourth. The proceeds and incomes of the five hundred thousand acres of land granted by the United States to this State, by act of Congress approved September the fourth, eighteen hundred and forty-one,15 provided that the congress of the United States shall assent to this disposition of said five hundred thousand acres. And provided further, that the interest which may arise from the portion of the school fund, in this subdivision mentioned shall be appropriated among the several counties in this State share and share alike. And the appropriations in this section provided, shall be held by the State as a loan, and shall be and remain a permanent fund, on which the State shall pay an interest of at least six per centum per annum, which interest shall be an annually appropriated to the support of such schools; and if not expended shall be added to and become a part of the principal; and this appropriation shall remain inviolable. SECT. 5. All moneys including principal and interest arising from the sales which have been, or hereafter may be made of any lands granted by the United States to this State, for the use of a Seminary of learning and the proceeds of all such lands remaining unsold, and the proceds of all donations

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that may hereafter be made for that purpose, shall be and remain a perpetual fund; upon which the State shall pay an annual interest of at least six per cent, which shall be appropriated to the Seminary of learning established for the promotion of literature and the Arts and Sciences, by an act of the General Assembly of this State, approved February, the eleventh Anno Domini one thousand eight hundred and thirty nine, by the name of “the Curators of the University of the State of Missouri,” and located in the town of Columbia in the County of Boone.

ARTICLE VII Of the Seat of government The seat of government is hereby permanently established at the City of Jefferson in the county of Cole.

ARTICLE VIII Of Banks and Corporations SECT. 1. No corporate body shall hereafter be created, renewed or extended with the privilege of making issuing or putting in circulation any bill, check, ticket, certificate, promissory note or other paper or the paper of any other bank to circulate as money. SECT. 2. No corporation except for political or municipal purposes, or for the purposes of education or of charity, shall be created, unless the bill creating the same shall contain a provision, that the charter of such corporation may be repealed and annuled by a majority of both houses of the General Assembly. And the stockholders in all private corporations, except corporations for the purposes of education, and of charity, shall be responsible, in their individual, and private capacity, for all debts and liabilities

FAILED C ONSTITUTION OF M ISSOURI (1846) of every kind, incurred by such incorporation. Nor shall any corporation be created for a longer period than twenty years; and no corporation shall exercise any privileges prohibited in the preceding section: and the State shall not be part owner of the Stock or property belonging to any corporation. Nor shall the common school or Seminary funds, nor any other funds or moneys, which the State may at any time hold in trust for the citizens of this State be placed in or loaned to any Bank or other incorporate institution. SECT. 3. The Legislature shall prohibit by law, individuals and corporations, except the Bank of the State of Missouri and its branches, from issuing bills, checks, tickets, promissory notes or other paper to circulate as money. No lottery shall be authorized by this state; and the buying or selling of lottery tickets within this State is prohibited. SECT. 4. The Legislature shall have power, by law, to provide for the sale and final disposition of all or any part of the stock owned by the State in the Bank of the State of Missouri, upon such terms and conditions as shall be by law established and if a part only of said stock shall be disposed of, then the number of directors on the part of the state, shall be diminished in proportion to the amount of stock sold; and whenever the whole stock of the State shall have been disposed of, all right on the part of the State, to a directory in said Bank shall cease; but the charter for the benefit of the private stockholders, shall not be thereby affected or destroyed. And provision shall be made to enable the private stockholders to have a voice in the election of Presidents of the Bank and branches, in proportion to the amount of stock owned by them, and when all of the stock of the State shall be sold, the President of the Bank and Branches shall be elected by the private stockholders.

ARTICLE IX Of the disposal of the soil and the navigation of rivers SECT. 1. The General Assembly of this State shall never interfere with the primary disposal of the soil by the United States; nor with any regulation Congress may find necessary for the16 securing the title in the soil to the bonafied purchasers. No tax shall he imposed on land the property of the United States; nor shall lands belonging to persons residing out of the limits of this state ever be taxed higher than the lands belonging to persons residing within the state. SECT. 2. The state shall have concurrent jurisdiction on the river Mississippi, and on every other river bordering on the said state, so far as the said river shall form a common boundry to the said State and any other state or states now, or hereafter to be formed and bounded by the same, and the said river Mississippi and the navigable rivers and waters leading into the same, whether bordering on or within this state, shall be common highways and forever free to the citizens of this state and the United States, without any tax duty, impost or toll therefor imposed by this state.

ARTICLE X Mode of amending the Constitution The General Assembly may in the year eighteen hundred and fifty, and every four years thereafter, propose such amendments to this constitution as a majority of all the members elected to each house shall deem expedient; and the vote upon each proposition shall be taken by yeas and nays in each house; and the Governor shall cause such amendments to be published in at least one newspaper in each county in this state, where a newspaper is published, at least six

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M ISSOURI months before the next succeeding general election: and it shall be the duty of the several officers in this state, who shall make out poll books for the general election for that year, to put in each two columns for each amendment, headed one for and the other against the amendment to the constitution. And it shall be the duty of the officers conducting said elections, to take the vote of each voter for or against such amendments separately; and to have the same recorded in appropriate columns. When said poll books are returned to the officer authorized by law to receive them, said officer shall make out and forward to the Secretary of State within ten days after he receives such poll books and17 abstract of the votes given, for and against each of said amendments, together with an abstract of the whole number of votes cast in their respective counties, cities or districts in the same manner as the votes for Governor and Lieutenant Governor; and if a majority of all the votes given at said election, are in favor of any one of said amendments the Governor shall issue his proclamation declaring the same to be a part of the constitution from and after the date of such proclamation.

ARTICLE XI Declaration of Rights That the general18 and essential principles of liberty and free government may be recognized and established, We declare. SECT. 1. That all political power is vested in, and derived from the People. SECT. 2. That the people of this State have the inherent, sole and exclusive right of regulating the internal government and police thereof, and of altering and abolishing their constitution and form of government whenever it may be necessary to their safety and happiness.

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SECT. 3. That the People have the right peaceably to assemble for their common good, and to apply to those vested with the powers of government for redress of grievances, by petition or remonstrance; and that their right to bear arms in defence of themselves and of the state cannot be questioned. SECT. 4. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man can be compelled to erect, support or attend any place of worship, or to maintain any minister of the Gospel or teacher of religion; that no human authority can control, or interfere with the rights of conscience; that no person can ever be hurt, molested or restrained in his religious professions or sentiments if he do not disturb others in their religious worship. SECT. 5. That no person, on account of his religious opinions can be rendered ineligible to any office of trust or profit under this state; that no preference can ever be given by law to any sect or mode of worship; and that no religious corporation can ever be established in this state. No religious sect or society should be permitted to accumulate or hold in mortmain large bodies of land or other property, and all extensive ecclesiastical perpetuities are dangerous to liberty. Provided that any religious society may hold in any assumed name so much land as may be necessary for a house and buildings for public worship for a parsonage and for a burying ground, and for no other purpose whatever; but no congregation for such purposes shall own more than one acre of land in a town, nor more than ten acres in the country. And provided that nothing in this section shall ever be construed to divest any right or title heretofore vested. SECT. 6. That all elections shall be free and equal.

FAILED C ONSTITUTION OF M ISSOURI (1846) SECT. 7. That courts of Justice ought to be open to every person, and certain remedy afforded for every injury to person, property or character, and that right and justice ought to be administered without sale denial or delay; and that no private property ought to be taken or applied to public use without just compensation. SECT. 8. That the right of trial by jury shall remain inviolable. SECT. 9. That in all criminal prosecutions the accused has the right to be heard by himself and his counsel; to demand the nature and cause of accusation; to have compulsory process for witnesses in his favor; to meet the witnesses against him face to face: and in prosecutions or presentment or indictment, to a speedy trial by an impartial jury of the county; and that the accused cannot be compelled to give evidence against himself, nor be deprived of life, liberty, or property, but by the judgment of his peers or the law of the land. SECT. 10. That no person after having been once acquitted by a jury of felony, or other crime or misdemeanor, can for the same offence be again put in19 jopardy of life, limb, or liberty; but if in any criminal prosecution the jury be divided in opinion, the court before which the trial shall be had, may, in its discretion discharge the jury and commit or bail the accused for trial at the next term of such court. SECT. 11. That all persons shall be bailable by sufficient sureties, except for capital offences when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus cannot be suspended, unless, when in cases of rebellion or invasion the public safety may require it. SECT. 12. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

SECT. 13. That the people ought to be secure in their persons, papers, houses and effects from unreasonable searches and seizures; and no warrant and to search any place, or seize any person or thing, can issue without describing the place to be searched, and the person or thing to be seized as nearly as may be, nor without probable cause supported by oath or affirmation. SECT. 14. That no person can, for an indictable offence be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger, or by leave of the court for oppression or misdemeanor in office. SECT. 15. That treason against the state can consist only in levying war against it, or in adhering to its enemies – giving them aid and comfort; that no person can be convicted of treason unless on the testimony of two witnesses to the same overt act, or on his own confession in open court; that no person can be attainted of treason or felony, by the General Assembly; that no conviction can work corruption of blood, or forfeiture of estate; that the estates of such persons as may destroy their own lives, shall descend or vest as in cases of natural death; and when any person shall be killed by casualty, there ought to be no forfeiture by reason thereof. SECT. 16. That the free communication of thoughts and opinions is one of the invaluable rights of man, and that every person may freely speak, write and print on any subject, being responsible for the abuse of that liberty; and in all prosecutions for libels, the truth thereof may be given in evidence, and the jury may determine the law and the facts, under the direction of the court. SECT. 17. That no expostfacto law, nor law impairing the obligation of contracts, or

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M ISSOURI retrospective in its operation can be passed; nor can the person of a debtor be imprisoned for debt after he shall have surrendered his property for the benefit of his creditors, in such manner as may be prescribed by law. SECT. 18. That no person who is religiously scrupulous of bearing arms, can be compelled to do so, but may be compelled to pay an equivalent for military services in such manner as shall be prescribed by law, and that no priest, preacher of the gospel, or teacher of any religious persuation or sect, regularly ordained as such be subject to military duty or compelled to bear arms. SECT. 19. That all property subject to taxation in this State shall be taxed in proportion to its value. SECT. 20. That no title of nobility hereditary emolument, privilege or distinction shall be granted; nor any office created, the duration of which shall be longer than the good behavior of the officer appointed to fill the same20 . SECT. 21. That migration from this state cannot be prohibited. SECT. 22. That the military is, and in all cases and at all times shall be in strict subordination to the civil power; that no soldier can in time of peace be quartered in any house without the consent of the owner; nor in time of war, but in such manner as may be prescribed by law; nor21 can any appropriation for the support of an army be made for a longer period than two years. SECT. 23. That every thing in this article is excepted out of the general powers of government, and shall forever remain inviolate and that all acts of the Legislature contrary to this or any other article of this Constitution shall be void.

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ARTICLE XII Provisions to put the new Constitution into operation SECT. 1. The constitution adopted in the year eighteen hundred and twenty is declared to be superceded by this Constitution, and in order to carry the same into effect, it is hereby ordained, as follows, SECT. 2. All rights, actions, prosecutions, claims and contracts, as well of individuals as of bodies corporate, and all laws in force at the time of the adoption of this constitution, and not inconsistent therewith shall continue as if the same had not been adopted. SECT. 3. In order that no inconvenience may result to the public service from the taking effect of this Constitution no officer shall be superceded thereby, except as herein directed. SECT. 4. On the first monday in August one thousand eight hundred and forty six, at the several election precincts in this State, the judges thereof shall cause two columns to be opened, headed one “for the constitution,” the other “against the constitution,” and cause the vote of each voter to be set in the appropriate column, and certify the vote so given to the clerks of the several county courts who shall certify the same to the secretary of state in the same manner and with the like restrictions that they are now required to certify the votes given for Governor and Lieutenant Governor of this State. SECT. 5. It shall be the duty of the Governor to lay before the General Assembly, on the first day of their regular session in the year Eighteen hundred and forty six, the vote for ratifying or rejecting said Constitution, and if it shall appear to the General Assembly in joint meeting that a majority of

FAILED C ONSTITUTION OF M ISSOURI (1846) all the votes given have accepted the constitution they shall within the first ten days of the session by joint resolution, declare said constitution to be the supreme law of the State, and the former constitution shall be abolished. SECT. 6. Until an enumeration and apportionment shall be made under this Constitution; the County of Andrew shall have one representative, the county of Barry shall have one representative, the county of Bates shall have one representative, the county of Benton shall have one representative, the County of Boone shall have two representatives, the county of Buchanan shall have two representatives, the County of Callaway shall have two representatives, the County of Cape Girardeau shall have two representatives, the County of Chariton shall have one representative, the county of Clay shall have two representatives; the county of Cole shall have one representative; the County of Cooper shall have two representatives, the county of Crawford shall have one representative, the County of Carroll shall have one representative, the county of Franklin shall have two representatives, the county of Gasconade shall have one representative, the county of Greene shall have two representatives, the county of Henry shall have one representative, the county of Howard shall have two representatives, the county of Jackson shall have two representatives, the county of Jasper shall have one representative, the county of Jefferson shall have one representative, the county of Johnson shall have one representative, the county of Lafayette shall have two representatives, the county of Lewis shall have one representative, the county of Lewis shall have one representative, the county of Lincoln shall have two representatives, the county of Linn shall have one representative, the county of Livingston shall have one representative, the

county of Macon shall have one representative, the county of Madison shall have one repre-sentative, the county of Marion shall have two representatives, the county of Miller shall have one representative, the county of Monroe shall have two representatives, the county of Montgomery shall have one representative, the county of Morgan shall have one representative, the county of New Madrid shall have one representative, the county of Newton shall have one representative, the county of Dallas shall have one representative, the county of Osage shall have one representative, the county of Platte shall have three representatives, the county of Perry shall have one representative, the county of Pettis shall have one representative, the county of Pike shall have two representatives, the county of Polk shall have one representative, the county of Pulaski shall have one representative, the county of Ralls shall have one representative, the county of Randolph shall have two representatives, the county of St. Charles shall have two representatives, the county of St. Francois shall have one representative, the county of Ste.22 Genevieve shall have one representative, the county of St. Louis shall have ten representatives, the county of Saline shall have one representative, the county of Shelby shall have one representative, the county of Taney shall have one representative, the county of Van Buren shall have one representative, the county of Warren shall have one representative, the county of Washington shall have two representatives, the county of Wayne shall have one representative, the County of Lawrence shall have one representative, the counties of Harrison and Grundy shall have one representative, the county of Hickory shall have one representative, the county of Moniteau shall have one representative, the county of Nodaway shall have one representative, the county of Clark shall have one representative, the county of Scotland shall have

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M ISSOURI one representative, the counties of Clinton and De Kalb shall have one representative, the county of Ozark shall have one representative, the county of St. Clair shall have one representative, the counties of Adair and Schuyler shall have one representative, the counties of Putnam and Sullivan shall have one representative, the county of Mississippi shall have one representative, the county of Scott shall have one representative, the county of Audrain shall have one representative, the counties of Shannon and Reynolds shall have one representative, the counties of Ripley and Oregon shall have one representative, the counties of Stoddard and Dunklin shall have one representative, the counties of Atchison and Holt shall have one representative, the county of Gentry shall have one representative, the county of Mercer shall have one representative, the county of Knox shall have one representative, the county of Camden shall have one representative, the county of Daviess shall have one representative, the county of Caldwell shall have one representative, the counties of Dade and Cedar shall have one representative, the counties of Wright and Texas shall have one representative, and the county of Ray shall have two representatives. SECT. 7. Until an enumeration and apportionment shall be made under this constitution, the counties of St. Charles and Lincoln shall have one Senator, the counties of Pike and Ralls shall have one Senator, the counties of Marion and Monroe shall have one Senator, the counties of Scotland, Lewis, Clark, Knox, & Schuyler shall have one Senator, the counties of Sullivan, Putnam, Harrison, Grundy, Mercer and Gentry shall have one Senator, the counties of Holt, Atchison, Nodaway, & Andrew shall have one Senator, the counties of Buchanan, DeKalb and Clinton shall have one Senator, the county of Platte shall have one Senator,

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the counties of Clay and Ray shall have one Senator, the counties of Livingston, Linn, Carroll, Caldwell, and Daviess shall have one senator, the counties of Howard & Chariton shall have one Senator, the counties of Macon, Adair, Shelby and Randolph shall have one Senator, the counties of Boone and Audrain shall have one Senator, the counties of Ste.23 Genevieve, St. Francois and Perry shall have one Senator, the counties of Cape Girardeau and Wayne shall have one Senator, the counties of Scott, Mississippi, New Madrid, Stoddard and Dunklin shall have one Senator, the counties of Reynolds, Shannon, Texas, Madison, Ripley, Oregon and Wright shall have one Senator, the counties of Green, Taney and Ozark shall have one Senator, the counties of Jackson and Van Buren shall have one Senator, the counties of Lafayette and Johnson shall have one Senator, the counties of Lawrence, Barry, Newton and Jasper shall have one Senator, the counties of Polk, Hickory, Camden and Dallas shall have one Senator, the counties of St. Clair, Henry, Bates, Cedar and Dade shall have one Senator, the counties of Pettis, Benton and Saline shall have one Senator, the counties of Cooper and Moniteau shall have one Senator, the counties of Cole, Miller and Morgan shall have one senator, the counties of Callaway and Montgomery shall have one senator, the counties of Franklin and Warren shall have one senator, the counties of Crawford, Washington and Jefferson shall have one Senator, the counties of Gasconade, Osage and Pulaski shall have one Senator and the county of St. Louis shall have three Senators. SECT. 8. On the first monday in August in the year eighteen hundred and forty seven there shall be an election held for Judges of the Circuit Court, and for clerks of the Circuit and County courts, and every six years thereafter. The judges and clerks shall enter

FAILED C ONSTITUTION OF M ISSOURI (1846) on the duties of their respective offices on the first monday in January succeeding their election. SECT. 9. The General Assembly shall at its first session in the present year make suitable provision for holding elections, making returns, and counting the votes, for all officers to be elected under this constitution prior to the first session of the Legislature, to be elected under the same. SECT. 10. So soon as the new Constitution shall be declared to be the supreme law of the state, the members of the General Assembly, and all other officers who are continued, and who are elected or appointed under the old constitution shall take an oath to support the new constitution.

appointment and fill such vacancy pursuant to the provisions of this constitution. Done by the Representatives of the people of the State of Missouri in convention assembled at the City of Jefferson on the fourteenth day of January in the year of our Lord one thousand eight hundred and forty six and of the independence of the United States of America the seventieth. R. W. W ELLS President and Delegate from the county of Cole. Corbin Alexander Saint Francois county. Lisbon Applegate of Chariton Jonathan M. Bassett Clinton24 County Edwin D. Bevitt of St. Charles25 .

SECT. 11. The next session of the General Assembly which is to meet in the year eighteen hundred and forty six, shall not last more than thirty days.

Jas. O. Broadhead of Pike County.

SECT. 12. Immediately after the ratification of this constitution, the judges of the Supreme court shall determine by lot the times at which they shall severally go out of office, one of whom shall go out on the fourth monday in November in the year eighteen hundred and forty eight, another four years thereafter, and the third eight years after the first, a certificate of which, under the hands of the judges shall be filed in the office of the Secretary of State; on or before the time above directed for the vacation of the office of the first Judge, and should the Judges neglect to file the same pursuant to the provisions of this section, it shall be the duty of the Attorney General, Secretary of State, and auditor of public accounts, immediately after the fourth monday of November in the year eighteen hundred and forty eight, to make such determination by lot for the several Judges, and file a certificate thereof in the office of the Secretary of State: And the Governor shall immediately make such

John Buford Reynolds County

Daniel Branstetter of Ray County 26 Rowland Brown of Platte County

Sam’l H. Bunch, Polk Cty William Massillon Campbell of St. Louis County. John D[avid] Coalter of St. Charles county William County

McDaniel

Thompson County 28

W.

Davies

Ewing

of

Osage27 Lafayette

James Farquhar Washington County A. Finch Dade County Asbury O. Forshey County of Montgomery Samuel H. Woodson of Jackson29 James M. Fulkerson Nodaway County Joshua Gentry Monroe County

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M ISSOURI Robert Giboney Stoddard County

Duke W. Simpson Jackson County

James S. Green of Lewis County

William Y. Slack of Livingston County

David M. Hickman of Boone County

Robert M. Stewart of Buchanan County

Thos. Maddin Horine Seventeenth District

John F. Stone of Boone County

Ezra Hunt County of Pike

Trusten Polk St. Louis County 33

Abraham Hunter from the30 nineteenth District and from the Cty of Scott

Theodore F. Tong of Madison County Thomson Ward of Platte County

Frederick Hyatt St. Louis County

Joseph B. Wells Warren

C. F. Jackson of Howard County

Hiram Wilcoxson Carroll County

H. Jackson of Randolph County B. A. James of Greene County Charles Jones of the County of Franklin

Uriel Wright St. Louis County Benjamin Young Callaway county of the thirteenth district

Wm. Claude Jones of Newton

Attest,

James L. Jones of Scotland County 31

R. WALKER Secretary of the Convention

Elias Kincheloe of the County of Shelby W. Miron Leslie of the County of St. Louis32

William B. Baskett Asst. Sec of the Convention

1

M. M. Marmaduke Saline County Ben. F. Massey Lawrence County John Mc Henry Bates County N. C. Mitchell Lafayette County James William Morrow of the County of Cole Thomas B. Neaves Green[e] County Joseph B. Nickel Andrew County William Benjamin Pannell Gasconade Co. Philip Pipkin Jefferson County Jno. E. Pitt of Platte David Porter Wayne County William Shields 26 th District M. H. Simonds 5 th Dist.

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Verified by Constitution of the State of Missouri; Made in Convention, At the City of Jefferson, A.D. 1845. 20,000 Copies Ordered to be Printed for Public Distribution, City of Jefferson: James Lusk, Public Printer, 1846, 26 p., and corrected according to the enrolled manuscript preserved in the Missouri State Archives at Jefferson City, MO. Checked also against the version published in Journal of the Convention of the State of Missouri, Assembled at the City of Jefferson on Monday the Seventeenth Day of November, in the Year of Our Lord One Thousand Eight Hundred and Forty-Five, Pursuant to an Act of the General Assembly of the State of Missouri, Entitled “An Act to Provide For the Call of a Convention,” Approved February 27, 1843. Printed by Order of the Convention, City of Jefferson: James Lusk, Public Printer, 1845, Appendix, 38–61. Spelling, capitalization, and punctuation follow the enrolled manuscript with the exception that “§” has been substituted by “S ECT.”, and paragraphing for articles and sections has been introduced according to the Constitution of the State of Missouri. The constitution was submitted to the people in August 4, 1846 and rejected by 33,675 votes against it to 25,215 in favor of it (cf. Priscilla Bradford, “The Missouri Constitutional Controversy of 1845,” in: The Missouri Historical Review, 32 (1937/38), 50–51). 2 In Convention Journal, 38, “that is to say” added.

FAILED C ONSTITUTION OF M ISSOURI (1846) 3 In Constitution of the State of Missouri, 4, “confined”. 4 Ibid., “a town”; in Convention Journal, 40, “the town”. 5 In Constitution of the State of Missouri, 7, “journals”. 6 Ibid., 8, and in Convention Journal, 44, “persons”. 7 In Convention Journal, 44, “slaves”. 8 In Constitution of the State of Missouri, 11, and in Convention Journal, 45, “consideration”. 9 In Constitution of the State of Missouri, 12, and in Convention Journal, 47, “presided”. 10 In Constitution of the State of Missouri, 13, “prohibition”; in Convention Journal, 48, word missing. 11 In manuscript, “district”. 12 In Constitution of the State of Missouri, 14, and in Convention Journal, 49, “cognizable”. 13 U.S. Statutes at Large, 16th Congress, Sess. I, Ch. 22. 14 U.S. Statutes at Large, 24th Congress, Sess. I, Ch. 115. 15 U.S. Statutes at Large, 27th Congress, Sess. I, Ch. 16. 16 In Constitution of the State of Missouri, 18, and in Convention Journal, 53, word missing. 17 In Constitution of the State of Missouri, 19, “an”. 18 Ibid., and in Convention Journal, 54, “general, great”.

19

In Constitution of the State of Missouri, 20, word missing. 20 In manuscript, “the same the same”. 21 Ibid., “no”. 22 Ibid., “St.”. 23 Ibid., “St.”. 24 In Constitution of the State of Missouri, 25, “of Clinton”. 25 Ibid., “St. Charles county”. 26 Ibid., name of delegate missing. In Convention Journal, 366, name missing in list of signers. 27 In Constitution of the State of Missouri, 25, “of Osage”. 28 Ibid., name of delegate missing. In Convention Journal, 366, name missing in list of signers. 29 In Constitution of the State of Missouri, 25, name of delegate missing. In Convention Journal, 366, name missing in list of signers. 30 In Constitution of the State of Missouri, 25, last two words missing. 31 Ibid., “of the county of Scotland”. 32 Ibid., name of delegate missing. In Convention Journal, 366, name missing in list of signers. 33 In Constitution of the State of Missouri, 25, name of delegate missing. In Convention Journal, 366, name missing in list of signers.

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Constitution of New Hampshire (1776) In Congress at Exeter, January 5th, 17761

We2 the Members of the Congress of the Colony3 of New Hampshire, chosen & appointed by the free Suffrages of the People of said Colony, and Authorized & Impowered by them, to meet together, and use such Means, and pursue such Measures, as we should Judge best for the publick Good; and in particular, to Establish some form of Government, provided that Measure should be recommended by the Continental Congress: And a Recommendation to that purpose having been transmitted to us, from the said Congress: Have taken into our serious consideration the unhappy Circumstances, into which this Colony is involved, by means of many grievous & oppressive Acts of the British Parliament; depriving us of our Native4 & constitutional Rights and Privileges; to enforce Obedience to which Acts, a powerful Fleet & Army have been sent into this Country, by the Ministry of Great Britain, who have Exercised a wanton & cruel abuse of their Power, in destroying the Lives & Properties of the Colonists, in many places, with fire and Sword, taking the Ships & lading from many of the Honest & Industrious Inhabitants of this Colony, employed in Commerce agreable to the Laws and Customs, a long time used here. The Sudden & abrupt Departure of his Excellency John Wentworth, Esqr ; our late Governor, and several of the Council, leaving us destitute of Legislation; and no Executive Courts being open to punish criminal Offenders, whereby the Lives & properties of the honest People of this Colony, are liable to the Machinations and Evil designs

of Wicked men. Therefore for the preservation of peace & good order; and for the Security of the Lives & properties of the Inhabitants of this Colony, we concieve ourselves, reduced to the Necessity of Establishing a form of Government, to continue during the present unhappy & unnatural contest with Great Britain; Protesting & declaring that we never sought to throw off our Dependance upon Great Britain, but felt ourselves happy under her protection, while we could enjoy our Constitutional Rights & Privileges – and that we shall rejoice if such a Reconciliation between us, & our Parent State, can be effected as shall be approved by the Continental Congress, in whose prudence & wisdom we confide. Accordingly, pursuant to the trust reposed in us, We do Resolve that this Congress, assume the name, power & Authority of a House of Representatives, or Assembly for the Colony of New Hampshire. And that said House, then proceed to choose Twelve Persons, being Reputable Freeholders & Inhabitants within this Colony, in the following manner: viz. Five in the County of Rockingham, Two in the County of Strafford, Two in the County of Hillsborough, Two in the County of Cheshire and one in the County of Grafton, to be a Distinct & separate Branch of the Legislature by the name of a Council for this Colony, to continue as such until the Third Wednesday in December next; Any Seven of whom to be a Quorum, to do Business. That such Council appoint their Presi-

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N EW H AMPSHIRE dent; and in his Absence that the Senior Counsellor preside. That a Secretary be appointed by both Branches, who may be a Counsellor, or otherwise as they shall choose. That no Act, or Resolve be5 valid, and put into Execution, unless agreed to & passed by both Branches of the Legislature. That all Public Officers6 for the said Colony, and each County, for the Current Year, be appointed by the Council & Assembly, except the Several Clerks of the Executive Courts, who shall be appointed by the Justices of the Respective Courts. That all Bills, Resolves or Votes for raising, levying & collecting Money, originate in the House of Representatives. That at any Sessions7 of the Council & Assembly, neither Branch shall adjourn for any longer time than from Saturday till the next Monday, without consent of the other. And it is further Resolved, that if the present unhappy Dispute with Great Britain, should continue longer than this present year, and the Continental Congress give no Instructions, or directions8 to the Contrary, the Council be chosen by the People of each respective County, in such manner as the Council & House of Representatives shall order. That General and Field Officers of the Militia, on any Vacancy be appointed, by the Two Houses, and all Inferior Officers be chosen by the Respective Companies. That all Officers of the Army be appointed by the Two Houses, except they should direct otherwise in case of any Emergency. That all Civil Officers for the Colony, and for each County be appointed, and the time of their continuance in office be determined, by the Two Houses, except Clerks of Courts, and County Treasurers, and Recorders of Deeds. That a Treasurer, and a Recorder of Deeds, for each County Be Annually cho-

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sen by the People of each County respectively; the Votes for such Officers to be returned to the respective Courts of General Sessions of the Peace, in the County, there to be ascertained as the Council, and Assembly shall hereafter direct. That Precepts in the name of the Council, and Assembly, Signed by the President of the Council, and the9 Speaker of the House of Representatives, shall Issue annually, at or before the first day of November, for the Choice of a Council, and House of Representatives, to be returned by the third Wednesday in December then next ensuing, in such manner as the Council, & Assembly shall hereafter prescribe.10 Attest – E. T HOMPSON Secry

1

Verified by In Congress at Exeter, January 5th, 1776, [s.l., s.n., s.a.,] 2 p. [Print A], and corrected according to the original manuscript preserved in the State Archives of New Hampshire at Concord, NH. Also checked against In Congress at Exeter, January 5th, 1776. We the Members [. . . ] In the House of Representatives, September 19, 1776, Portsmouth, NH: Printed by Daniel Fowle, [1776], 2 p. [Print B], and against the version as printed in State Papers. Documents and Records Relating to the State of New Hampshire During the Period of the American Revolution, From 1776 To 1783. Published by Authority of the Legislature of New-Hampshire, ed. by Nathaniel Bouton, VIII, Concord, NH: Edward A. Jenks, State Printer, 1874, 2–4. Spelling, capitalization, and punctuation follow the manuscript. Italics are used for text emphasized in the manuscript. The document is the first constitution of the American Revolution and of the subsequent State of New Hampshire. It clearly displays the idea of representative government and introduces a number of stipulations that came to permanently characterize American constitutionalism thereafter. On the temporary Constitution of 1776, cf. Susan E. Marshall, The New Hampshire State Constitution. A Reference Guide (Reference Guides to the State Constitutions of the United States, ed. by G. Alan Tarr, no. 39), Westport, CT and London: Praeger, 2004, 4–7. Though hardly a full-fledged constitution according to constitutional thought as it was evolving since 1776, efforts to replace it with a more elaborate document failed

C ONSTITUTION OF N EW H AMPSHIRE (1776) in 1779 (q.v.), 1781 (q.v.), and 1782 (q.v.), finally to succeed in 1784 (q.v.). 2 In New Hampshire State Papers, VIII, 2, preceded by “Voted That this Congress Take up Civil Government for this Colony in manner and Form Following viz.”. 3 Ibid., last three words missing. 4 Ibid., “Natural”.

5

Ibid., 3, “Shall be”. Ibid., “Offices”. 7 Ibid., “Session”. 8 Ibid., “Instruction or Direction”. 9 Ibid., 4, word missing. 10 In Prints A and B, 2, and in New Hampshire State Papers, VIII, 4, rest missing. 6

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Failed Constitution of New Hampshire (1779)

A Declaration of Rights, and Plan of Government for the State of New-Hampshire1

Whereas by the tyrannical Administration of the Government of the King and Parliament of Great-Britain, this State of NewHampshire, with the other United-States of America, have been necessitated to reject the British Government, and declare themselves Independent States; all which is more largely set forth by the Continental Congress, in their Resolution or Declaration of the fourth of July A.D. 1776. And whereas, it is recommended by the said Continental Congress to each and every of the said United-States to establish a Form of Government most conducive to the Welfare thereof. We the Delegates of the said State of New-Hampshire chosen for the Purpose of forming a permanent Plan of Government subject to the Revisal of our Constituents, have composed the following Declaration of Rights, and Plan of Government; and recommend the same to our Constituents for their Approbation.

A DECLARATION OF THE RIGHTS OF THE PEOPLE OF THE STATE OF NEW-HAMPSHIRE F IRST, We declare, that we the People of the State of New-Hampshire, are Free and Independant of the Crown of Great-Britain. S ECONDLY. We the People of this State, are intitled to Life, Liberty, and Property; and

all other Immunities and Privileges which we heretofore enjoyed. T HIRDLY. The Common and Statute Laws of England, adopted and used here, and the Laws of this2 State (not inconsistent with said Declaration of Independence) now are, and shall be in force here, for the Welfare and good Government of the State, unless the same shall be repealed or altered by the future Legislature thereof. F OURTHLY. The whole and intire Power of Government of this State, is vested in, and must be derived from the People thereof, and from no other Source whatsoever. F IFTHLY. The future Legislature of this State, shall make no Laws to infringe the Rights of Conscience, or any other of the natural, unalienable Rights of Men, or contrary to the Laws of God, or against the Protestant Religion. S IXTHLY. The Extent of Territory of this State, is, and shall be the same which was under the Government of the late Governor3 John Wentworth, Esq; Governor of New-Hampshire. Reserving nevertheless, our Claim to the New-Hampshire Grants, so called, situate4 to the West of Connecticut River. S EVENTHLY. The Right of Trial by Jury in all Cases as heretofore used in this State shall be preserved inviolate forever.

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N EW H AMPSHIRE

A PLAN OF GOVERNMENT FOR THE STATE OF NEW-HAMPSHIRE F IRST. The State of New-Hampshire shall be governed by a Council, and House of Representatives, to be chosen as herein after mentioned, and to be stiled the GeneralCourt of the State of New-Hampshire. S ECOND. The Council shall consist for the present of twelve Members to be elected out of the several Counties in the State, in Proportion to their respective Number of Inhabitants. T HIRD. The Numbers belonging to each County for the present, according to said Proportion being as followeth, viz. – To the County of Rockingham, five – to the County of Strafford, two – to the County of Hillsborough, two – to the County of Cheshire, two – to the County of Grafton, one. F OURTH . The number for the County of Rockingham, shall not be increased or diminished hereafter, but remain the same; and the Numbers for the other Counties shall be increased or deminished as their aforesaid Proportion to the County of Rockingham may chance to vary. F IFTH . The House of Representatives shall be chosen as follows. Every Town or Parish, choosing Town Officers, amounting to one hundred Families, and upwards, shall send one Representative for each hundred Families they consist of, (or such lesser Number as they please) or class themselves with some other Towns or Parishes that will join in sending a Representative. S IXTH . All other Towns and Parishes under the number of one hundred Families, shall have Liberty to class themselves together to make the number of one hundred Families or upwards, and being so classed, each Class shall send one Representative.

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S EVENTH . The number of Councillors belonging to each County shall be ascertained and done by the General-Court every Time there is a new Proportion made of the State Tax which shall be once in seven Years at the least, and oftner if need be. E IGHTH . All the5 Male Inhabitants of the State of lawful Age, paying Taxes, and professing the Protestant Religion, shall be deemed legal Voters in choosing Councillors and Representatives, and having an Estate of Three Hundred Pounds equal to Silver at six Shillings and eight Pence per Ounce, one half at least whereof to be real Estate, and lying within this State, with the Qualifications aforesaid, shall be capable of being elected. N INTH . The Selectmen of each respective Town and Parish, choosing Town Officers containing one hundred Families or upwards, and also of each respective Class of Towns classed together as aforesaid, shall notify the legal Voters of their respective Towns, Parishes, or Classes, qualified as aforesaid, in the usual Way of notifying Town-Meetings, giving fifteen Days notice at least, to meet at some convenient Place on the last Wednesday of November annually, to choose Councillors and Representatives. T ENTH . And the Voters being met, and the Moderator chosen, shall proceed to choose their Representative or Representatives, required by this Constitution by a Majority of the Voters present, who shall be notified accordingly, and a Return thereof made into the Secretary’s Office, by the first Wednesday of January then next. E LEVENTH . And such Representatives shall be paid their Wages by their Constituents, and for their Travel by the State. T WELVTH . And in the Choice of Councillors each Voter shall deliver his Vote to the Moderator for the number of Councillors

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1779) respectively required, with the Word Councillors written thereon, & the Voters Name endorsed to prevent Duplicity. T HIRTEENTH . These Votes shall be sealed up by the Moderator, and transmitted by the Constable to one of the Justices of the Inferior Court of Common Pleas for the County, before the second Wednesday in December next following. F OURTEENTH . And the said Justices of the Inferior Court shall meet together on the said second Wednesday of December annually, to count the Votes, and the Persons that have most Votes to the Number of Counsellors required, shall be declared duly elected, and shall be notified by the said Justices accordingly, and a Return thereof shall be made by them into the Secretary’s Office by the first Wednesday in January annually. F IFTHTEENTH . And in Case any two Persons shall have a like Number of Votes, the said Justices may determine the Choice in Favour of which they please. S IXTEENTH . The Council and House of Representatives so chosen and returned as aforesaid, shall meet on the first Wednesday in January next after their being chosen, at such Place as the present, or future GeneralCourt may from Time to Time appoint; and being duly sworn, shall hold their respective Places until the first Wednesday in January then next. S EVENTEENTH . The Council shall choose their President, vice President, and Secretary; and the House of Representatives shall choose their Speaker and Clerk. E IGHTEENTH . The Council and House of Representatives respectively, shall determine all disputed Elections of their own Members, regulate their own Proceedings; and on any Vacancy, order a new Election to fill up such Vacancy.

N INETEENTH . The said General-Court elected and constituted as aforesaid, shall be invested with the Supreme Power of the State. And all Acts, Resolves, or Votes, except Grants of Money, Lands, or other Things, may originate in either House; but such Grants shall originate in the House of Representatives only. T WENTIETH . The said Council and House of Representatives respectively, shall have Power to adjourn themselves from Day to Day, but not longer then two Days at any one Time, without Concurrence of the other. T WENTY- FIRST. The President of the Council shall hold public Correspondence with other States or Persons; call the Council together when Occasion shall require; and with Advice of three or more of the Council shall from Time to Time call the General-Court together if need be, before the Time they were adjourned to: And also point out the principal Business of their Session. T WENTY-S ECOND. The Military and Naval Power of the State shall be regulated, and all proper Officers thereof appointed, as the Legislature by Law shall direct from Time to Time. T WENTY- THIRD. The Judges of the Superior and Inferior Courts, Judges of Probate, Judge6 of Admiralty, Judge of the Maritime Court, Justices of the Peace, Sheriffs, Coroners, Attorney-General, Treasurer of the State, and Delegates to the Continental Congress, shall be appointed by the said General-Court, and commissionated by the President of the Council. T WENTY- FOURTH . The Appointment of Registers of Deeds, County Treasurer’s7 , Clerks of Courts, Registers of Probate, and all other Civil Officers whatsoever, not before mentioned, shall be regulated by the

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N EW H AMPSHIRE Laws that now are, or that hereafter may be enacted.

dispersed throughout this State, for the People thereof, to give their Opinion thereon.

T WENTY- FIFTH . All Civil Officers of the State, shall be suitably compensated by Fees or Salaries for their Services.

VOTED, That Colonel Thornton, and Colonel Bartlett, be a Committee to get this Plan of Government printed, and transmit two or more Copies of the same to each and every Town, Parish and Place in this State, to which Precepts for this Convention were sent, and publish the same in the New-Hampshire News-Papers.

T WENTY-S IXTH . No Member of the General-Court shall be Judge of the Superior Court or Inferior Court, Judge or Register of Probate, or Sheriff of any County, or Treasurer of the State, or Attorney-General, or Delegate at the Continental Congress. T WENTY- SEVENTH . And no Member of the Council, Judge of the Superior Court, or Sheriff, shall hold a Commission in the Militia, Army, or Navy of this State. T WENTY- EIGHTH . No Member of the House of Representatives shall hold any Salary under the Government. T WENTY- NINTH . The President of the Council, with Advice of Council, may grant Reprieves not longer than six Months, but the General-Court only shall have Power to pardon Offences against the State.

VOTED, That the Selectmen of the several Towns, Parishes, and Districts in this State, upon the receipt of the same, are desired to notify and warn the legal Inhabitants paying Taxes in such Town, Parish, or Place, to meet at some suitable Place therein, giving them at least fifteen Days notice, for the Purpose of taking said Plan under Consideration; and make return of the Number of Voters present at such Meeting, and how many voted for receiving said Plan, and how many for rejecting the same, unto this Convention at Concord in this State, on the third Tuesday in September next. By order of the Convention,

T HIRTIETH . A Quorum of the Council, and a Quorum of the House of Representatives, shall consist of a Majority of each House. T HIRTY- FIRST. This Declaration of Rights, and Plan of Government, shall have the Force of Law, and be esteemed the fundamental Law of this8 State. T HIRTY-S ECOND. The General-Court shall have no Power to alter any Part of this Constitution; but9 in case they should concur in any proposed Alteration, Amendment, or Addition, the same being agreed to by a Majority of the People, shall become valid. State of New-Hampshire In Convention, June 5th, 1779 VOTED, That the foregoing Bill of Rights, and Plan of Government, be printed, and

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JOHN LANGDON, President, P.T. E. T HOMPSON, Secretary.

1

Verified by A Declaration of Rights, and Plan of Government for the State of New-Hampshire, Exeter: Printed by Zechariah Fowle, 1779, 2 p., which exists in at least two separate prints with differences in wording in sect. 31 and 32 (versions A and B), and checked against the version as published in New Hampshire Provincial and State Papers, IX: Town Papers. Documents and Records Relating to Towns in New Hampshire; With an Appendix Embracing the Constitutional Conventions of 1778–1779; and of 1781–1783; and the State Constitution of 1784. Published by Authority of the Legislature of New Hampshire, ed. by Nathaniel Bouton, Concord, NH: Charles C. Pearson, 1875, 837– 842. The original manuscript is not known to have survived. Spelling, capitalization, and punctuation follow version A. The constitution was drafted by “the first true constitutional convention, that is, a convention of delegates elected solely for constitution making with its

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1779) results to take effect only after ratification by the people” (Susan E. Marshall, The New Hampshire State Constitution. A Reference Guide [Reference Guides to the State Constitutions of the United States, ed. by G. Alan Tarr, no. 39], Westport, CT and London: Praeger, 2004, 9). It was intended to replace the temporary Constitution of 1776 (q.v.). However, the people rejected it (cf. New Hampshire State Papers, IX, 842). A new effort to draft a constitution, again futile, was undertaken in

1781 (q.v.). 2 In New Hampshire State Papers, IX, 838, “the”. 3 Ibid., “Gov.”. 4 Ibid., “situated”. 5 Ibid., 839, word missing. 6 Ibid., 841, “judges”. 7 Ibid., “treasurers”. 8 In version B, 2, “the”. 9 Ibid., “and”.

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Failed Constitution of New Hampshire (1781)

A Constitution or Form of Government for the State of New-Hampshire1

A Constitution or Form of Government, Agreed upon by the Delegates of the People of the State of New-Hampshire, in Convention, Begun and held at Concord, on the second Tuesday of June, 1781, and continued by Adjournment to the second Tuesday of September following: To be submitted to the People for their revision, in order to the completing of the same, in conformity to their amendments, at a session to be holden for that purpose, on the fourth Wednesday of January next.2

PART I A Declaration of the Rights of the People of New-Hampshire A RT. I. All men are born equally free and independent, therefore all government of right originates from the people, is founded in consent, and instituted for the general good. A RT. II. 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 obtaining happiness. A RT. III. When men enter into a state of society they surrender up some of their natural rights to that society in order to ensure3 the protection of others, and without such an equivalent the surrender is void.

A RT. IV. Among the natural rights, some are in their very nature unalienable, because no equivalent can be given or received for them. Of this kind are the Rights of Conscience. A RT. V. Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience, and reason – and no subject shall be hurt, molested, or restrained in his person, liberty or estate for worshipping God, in the manner and season most agreeable to the dictates of his own conscience, or for his religious profession, sentiments or persuasion; provided he doth not disturb the public peace, or disturb others in their religious worship. A RT. VI. As morality and piety, rightly grounded on evangelical principles, will give the best and greatest security to government, and will lay in the hearts of men the strongest obligations to due 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 instruction in morality and religion; therefore to promote those4 important purposes, the people of this State have a right to impower, and do hereby fully impower the Legislature to authorize from time to time, the several towns, parishes, bodiescorporate or religious societies within this State, to make adequate provision at their own expence, for the support and maintenance of public protestant teachers of piety, religion and morality:

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N EW H AMPSHIRE Provided notwithstanding, 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 particular religious sect or denomination, shall ever be compelled to pay towards the support of the teacher or teachers of another persuasion, sect or denomination. And every denomination of christians demeaning themselves quietly and as good subjects of the State, shall be equally under the protection of the law: And no subordination of any one sect or denomination to another, shall ever be established by law. And nothing herein shall be understood to affect any former contracts made for the support of the ministry, but all such contracts shall remain and be in the same state as if this Constitution had not been made. A RT. VII. The people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State, and do, and forever hereafter shall, exercise, and enjoy 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. A RT. VIII. All power residing originally in, and being derived from the people, all the magistrates, and officers of government, are their substitutes and agents, and at all times accountable to them. A RT. IX. No office or place whatsoever in government shall be hereditary – the abilities and integrity requisite in all, not being transmissible to posterity or relations. A RT. X. Government being instituted for the common benefit, protection, and security of the whole community, and not for the private interest or emolument of any

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one man, family, or class of men, therefore whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought, to reform the old, or establish a new government; the doctrine of non-re-sistance against arbitrary power, and oppression is absurd, slavish, and destructive of the good and happiness of mankind. A RT. XI. All elections ought to be free, and every inhabitant of the State having the proper qualifications, has equal right to elect, and be elected into office. A RT. XII. 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 in the expence of such protection, and to yield his personal service when necessary, or an equivalent. But no part of a man’s property shall be taken from him, or applied to public uses, without his own consent, or that of the Representative body of the people. Nor are the inhabitants of this State controulable by any other laws than those to which they or their Representative body have given their consent. A RT. XIII. No person who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto, provided he will pay an equivalent. A RT. XIV. Every subject of this State is entitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, property or character, to obtain right and justice freely, without being obliged to purchase it; completely, and without any denial; promptly, and without delay, conformably to the laws. A RT. XV. No subject shall be held to answer for any crime, or offence, until the same is fully and plainly, substantially and formally,

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1781) described to him; or be compelled to accuse or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defence by himself, and Counsel. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers or the law of the land.

seizures of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them, be not previously supported by oath, or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special 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 the laws.

A RT. XVI. No subject shall be liable to be tried, after an acquittal, for any crime or offence whatsoever. Nor shall the Legislature make any law that shall subject any person to a capital punishment, excepting for the government of the army and navy, and the militia in actual service, without trial by jury.

A RT. XX. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has been heretofore otherwise used and practised, the parties have a right to a6 trial by jury; and this method of procedure shall be held sacred, unless in causes arising on the high seas, and such as relate to mariners wages, the Legislature shall find it necessary hereafter to alter it.

A RT. XVII. In criminal prosecutions, the trial of facts in the vicinity where they happen, is so essential to the security of the life, liberty and estate of the citizen, that no crime or offence ought to be tried in any other County than where it is committed. A RT. XVIII. All penalties ought to be proportioned to the nature of the offence. No wise Legislature will affix the same punishment to the crimes of theft, forgery and the like, that they do to those of murder and treason, where the same undistinguishing severity is exerted against all offences – the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do those of the lightest dye, for the same reason a multitude of sanguinary laws are both impolitic and unjust. The true design of all punishments5 being to reform, not to exterminate, mankind. A RT. XIX. Every subject hath a right to be secure from all unreasonable searches and

A RT. XXI. In order to reap the fullest advantage of the inestimable priviledge of the trial by Jury, great care ought to be taken that none but qualified persons should be capable of serving, and such ought to be fully compensated for their travel, time and attendance. A RT. XXII. The liberty of the Press is essential to the security of freedom in a State; it ought therefore to be inviolably preserved. A RT. XXIII. Retrospective laws are highly injurious, oppressive and unjust. No such laws therefore should be made, either for the decision of civil causes, or the punishment of offences. A RT. XXIV. A well regulated militia is the proper, natural, and sure defence of a State. A RT. XXV. Standing armies are dangerous to liberty, and ought not to be raised or

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N EW H AMPSHIRE kept up without the consent of the Legislature. A RT. XXVI. In all cases, and at all times, the military ought to be under strict subordination to, and governed by the civil power. A RT. XXVII. No soldier in time of peace shall be quarter’d 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. A RT. XXVIII. 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. A RT. XXIX. The power of suspending the laws, or the execution of them, ought never to be exercised but by the Legislature, or by authority derived therefrom, to be exercised in such particular cases only as the Legislature shall expressly provide for. A RT. XXX. The freedom of deliberation, speech, and debate, in either House of the Legislature, is so essential to the rights of the people, that it cannot be the foundation of any action, complaint, or prosecution, in any other Court or place whatsoever. A RT. XXXI. The Legislature ought frequently to assemble for the redress of grievances, for correcting, strengthening and confirming the laws, and for making new ones, as the common good may require. A RT. XXXII. The people have a right in an orderly and peaceable manner, to assemble in order to consult upon the common good, give instructions to their Representatives; and to request of the Legislative-body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer.

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A RT. XXXIII. No magistrate or court of law shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments. A RT. XXXIV. No person can in any case be subjected to law-martial, or to any pains, or penalties, by virtue of that law, except those7 employed in the army or navy, and except the militia in actual service, but by the authority of the Legislature. A RT. XXXV. It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of 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 (or Superior) Judicial Court should hold their offices so long as they behave well; and that they should have honorable salaries, ascertained and established by standing laws. A RT. XXXVI. Œconomy being a most essential virtue in all States, more especially in a young one, no person ought to receive any stipend, or salary, but as an equivalent for actual services – and the Legislature ought to be exceeding cautious of granting pensions, especially for life. A RT. XXXVII. In the government of this State, the three essential powers thereof, to wit, the Legislative, Executive and Judicial, ought to be kept as separate from and independent of each other, as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the constitution in one indissoluble bond of union and amity. A RT. XXXVIII. A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to justice,

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1781) moderation, temperance, industry, frugality, and all the social virtues, are indespensably 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 officers and representatives: And they have a right to require of their law-givers and magistrates an exact and constant observance of them in the formation and execution of the laws necessary for the good administration of government.

PART II A Constitution or Form of Government for the State of New-Hampshire8 The people inhabiting the territory formerly called the Province of NewHampshire, 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 New-Hampshire.

The General Court The supreme legislative power within this State shall be vested in a Senate and House of Representatives, each of which shall have a negative on the other. The Senate and House shall assemble every year on the first Wednesday of June, and at such other times as they may judge necessary, and shall dissolve, and be dissolved, seven days next preceeding the said first Wednesday of June; and shall be stiled the General Court of New-Hampshire. 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 has 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 which soever the same shall have originated; 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 upon such reconsideration, three quarters 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 be also reconsidered, and if approved by three quarters of the members present, it shall have the force of a law: But in all such cases, the votes of both Houses shall be determined by yeas and nays; and the names of the persons voting for, or against, the said bill or resolve, shall be entered upon the public records of the State. And in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the Governor within eight days after it shall have been presented, the same shall have the force of a9 law. The General Court shall forever have full power and authority to erect and constitute Judicatories and courts of record, or other courts, to be holden in the name of the State, for the hearing, trying, and determining all manner of crimes, offences, pleas, processes, plaints, actions, causes, matters and things, whatsoever, arising, or happening within this State, or between or concerning persons inhabiting, or residing or brought within the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal or mixt; and for the awarding and issuing Execution thereon: To which courts and judicatories are hereby given and granted full power and authority, from time to time, to administer oaths or af-

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N EW H AMPSHIRE firmations, for the better discovery of truth in any matter in controversy, or depending before them. And farther, full power and authority are hereby given and granted to the said General Court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions and instructions, either with penalties or without; so as the same be not repugnant or contrary to this Constitution, as they may judge for the benefit and welfare of this State, and for the governing and ordering thereof, and of the subjects of the same, for the necessary support and defence of the government thereof; and to name and settle annually, or provide by fixed laws, for the naming and settling all civil officers within this State; such officers excepted, the election and appointment of whom, are hereafter in this form of government otherwise provided for; and to set forth the several duties, powers and limits, of the several civil and military officers of this State, and the forms of such oaths or affirmations, as shall be respectively administred unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this Constitution; and also to impose fines, mulcts, imprisonments, and other punishments; and to impose and levy proportional and reasonable assessments, rates and taxes, upon all the inhabitants of, and residents within the said State; and upon all estates within the same, to be issued and disposed of by warrant under the hand of the Governor of this State for the time being, with the advice and consent of the Council, for the public service, in the necessary defence and support of the government of this State, and the protection and preservation of the subjects thereof, according to such acts as are or shall be in force within the same. And while the public charges10 of government, or any part thereof, shall be as-

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sessed on polls and estates in the manner that has hitherto been practised; in order that such assessments may be made with equality, there shall be a valuation of the estates within the State taken anew once in every five years at least, and as much oftner as the General Court shall order.

Senate There shall be annually elected by the freeholders and other inhabitants of this State, qualified as in this Constitution is provided, twelve persons to be Senators for the year ensuing their election; to be chosen in and by the inhabitants of the districts, into which this State may from time to time be divided by the General Court, for that purpose: And the General Court, in assigning the number to be elected by the respective districts, 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, and the number of Senators to be elected therein; provided the number of such districts shall never be more than ten, nor less than five. And the several Counties in this State, shall, until the General Court shall order otherwise, be districts for the election of Senators, and shall elect the following number, viz. Rockingham, Five. Strafford, Two. Hillsborough, Two. Cheshire, Two.11 Grafton, One. The Senate shall be the first branch of the legislature; and the Senators shall be chosen in the following manner, viz. every male inhabitant of each town and parish with town-privileges, in the several counties

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1781) in this state, of twenty one years of age and upwards, having a freehold estate in his own right of the value of one hundred pounds, situate12 in this state, or other estate to that amount, shall have a right at the annual or other meetings of the inhabitants of said towns and parishes, to be duly warned and holden annually forever in the month of March, to vote in the town or parish wherein he dwells, for the senators in the county or district whereof he is a member. And every person, qualified as the constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this state, in that town, parish or plantation where he dwelleth and hath his home. The selectmen of the several towns and parishes aforesaid, shall, during the choice of senators, preside at such meetings impartially, and shall receive the votes of all the inhabitants of such towns and parishes present and qualified to vote for senators, and shall sort and count the same in the meeting, and in presence of the town clerk, who shall make a fair record in presence of the selectmen, and in open meeting, of the name of every person voted for, and the number of votes against his name, and a fair copy of this record, shall be attested by the selectmen and town clerk, and shall be sealed up and directed to the secretary of the state, with a superscription expressing the purport thereof, and delivered by the said clerk to the sheriff of the county in which such town or parish lies, thirty days at least, before the first Wednesday of June; and the sheriff of each county, or his deputy, shall deliver all such certificates by him received, into the secretary’s office, seventeen days, at least, before the first Wednesday of June. And the inhabitants of plantations & places unincorporated, qualified as this constitution provides, who are, or shall be, required to assess taxes upon themselves to-

wards the support of government, or shall be taxed therefor; shall have the same privilege of voting for senators in the plantations and places wherein they reside, as the inhabitants of the respective towns and parishes aforesaid have: And the meetings of such plantations and places for that purpose shall be holden annually in the month of March, at such places respectively therein, as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and town-clerks have in their several towns by this constitution. And that there may be a due meeting of senators on the first Wednesday of June annually, the Governor and three 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 of June, he shall issue his summons to such persons as appear to be chosen senators by a majority of votes, to attend and take their seats on that day: Provided, nevertheless, that for the first year the said returned copies shall be examined by the president and five of the council of the former constitution of government; and the said president shall in like manner notify the persons elected, to attend and take their seats accordingly. The senate shall be final judge of the elections, returns, and qualifications of their own members, as pointed out in this13 constitution, and shall on the said first Wednesday of June annually, determine and declare, who are elected by each district to be senators by a majority of votes: And in case there shall not appear to be the full number returned elected by a majority of votes for any district, the deficiency shall be supplied in the following manner, viz. the members of the house of representatives and such senators as shall be declared elected, shall take the names of such persons as shall be found to have the highest number of votes in each

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N EW H AMPSHIRE district, and not elected, amounting to twice the number of senators wanting, if there be so many voted for; and out of these14 shall elect by joint ballot the number of senators 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 death, removal out of the state, or otherwise, shall be supplied as soon as may be, after such vacancies happen. Provided nevertheless, That no person shall be capable of being elected a senator, who is not of the Protestant Religion, and seized of a freehold estate in his own right of the value of four hundred pounds, clear of debt, lying within this state, and who is not of the age of thirty years, and who shall not have been an inhabitant of this state for seven years immediately preceding his election, and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. The senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time. The senate shall choose its own president, appoint its own officers, and determine its own rules of proceedings. And not less than eight members of the senate shall make a quorum for doing business. The senate shall be a court with full power and authority to hear and determine all impeachments made by the house of representatives, against any officer or officers of the state, for misconduct or mal-administration in their offices. But previous to the trial of any such impeachment, the members of the senate shall respectively be sworn, truly and impartially to try and determine the charge in question according to evidence. Their judgment, however, shall not extend farther15 than removal from office, disqualification to hold or enjoy any place of honor, trust or profit under this state; but the party so convicted, shall nevertheless be liable to indict-

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ment, trial, judgment, and punishment, according to the laws of the land.

House of Representatives There shall be in the legislature of this state, a representation of the people, consisting of fifty members, apportioned upon each county, as follows, viz. for the county of Rockingham, twenty. Strafford, eight. Hillsborough, ten. Cheshire, eight. Grafton, four. And elected in county-conventions. In order that the representation of the citizens of this state, may be as equal as a large political society will admit; every corporate town, and parish, having town privileges, containing fifty rateable polls, may elect one delegate for such county convention, wherein such town or parish lies; every such town, or parish, containing one hundred rateable polls, may elect two such delegates, and so proceeding in that manner, making fifty the mean increasing number for every additional delegate. And if after the fifties are deducted, there should remain twenty five, or more such rateable polls, that remaining number shall entitle such town or parish to elect another delegate therefor. And every corporate town, or parish with town-privileges, which now, or hereafter, shall not contain fifty rateable polls, shall have a right to join, or associate with some town or towns adjoining, for the election of delegates; and in such cases, the voters thus united, shall have a16 right to elect the same number of delegates, as they would have done were they inhabitants of one corporate town; which delegates may be elected out of either of the associated

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1781) towns, or parishes, indifferently. And the legislature, from time to time, shall determine what towns or pa-rishes shall thus associate, the manner of their association, and the method of calling and conducting the meetings of such associated towns and parishes, for the election of delegates to the county conventions. The delegates for the county conventions shall be elected by a majority of written votes, and no person shall be a delegate, unless he be of the Protestant Religion, and for two years next preceding his election an inhabitant of the town, parish, or association, for which he may be chosen; and shall have an estate of the value of two hundred pounds clear of debt, one half of which, shall be a freehold whereof he is seized in his own right, situate in the town, parish, or association, for which he may be elected. The meetings17 of the several towns, parishes and associations, for the choice of such delegates, shall after being duly warned; be holden in the respective towns, parishes & associations in the month of March annually. The selectmen of the several towns, parishes and associations, shall preside at such meetings, receive the votes of the inhabitants thereof present, and qualified to vote for such delegates, in presence of the clerk thereof, who shall make a fair record in said meeting, in presence of the selectmen, of the names of the delegates chosen by a majority of votes, and of the number of votes for each against his name; and a fair copy of this record shall be attested by the selectmen and clerk of the meeting, and timely delivered to each delegate. The conventions for the choice of representatives for each county shall be holden at the following time and places, viz, on the third Wednesday of April annually. At Chester, for and in the county of Rockingham. At Rochester, for and in the county of

Strafford. At Amherst, for and in the county of Hillsborough. At Walpole, for and in the county of Cheshire. At Haverhill, for and in the county of Grafton. The places for holding such conventions, may be altered by the legislature, for others more convenient within the respective counties. A quorum of each convention for doing business, shall never be less than two thirds of its members. Each convention shall be the judge of the returns, qualifications, and elections of its own members as pointed out in the constitution, shall choose their own president and clerk, and settle rules for their own proceedings. Each county shall contain as many districts, as the same shall have representatives, and each district in each county, shall be so divided by the respective annual conventions, as each shall contain equal number of rateable polls, or as near as may be. The several counties in the state shall be so divided into districts by the convention18 of each county, at their first annual meetings19 ; and forever after at every fifth annual convention. Which being done, each convention, shall elect by a majority of written votes out of the members who are chosen to compose such convention, a representative for each district; and living within the district for which he may be chosen. And the president of such convention, with the clerk, shall sort and count the votes, and declare who are chosen representatives by a majority of votes for each district within such county, and the clerk shall make a fair record of the names of each representative, and of the number of votes for each against his name, in open convention; and deliver a copy of the record attested by the president and clerk, to each representative, as soon as

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N EW H AMPSHIRE may be. Each convention shall have power to adjourn themselves, but not longer than two days at a time. All intermediate vacancies in the house of representatives, may be filled up from time to time by the convention of the county wherein the same may happen, agreeably to the writ from the house of representatives for that purpose: Which occasional convention shall be holden at the same places appointed for the annual ones, and at such times as the writ shall direct; and such representatives shall be elected and returned, in like manner as those at the annual conventions. The house of representatives shall be chosen annually, and shall be the second branch of the legislature. The wages and travel to the General Court, and returning home, once in every session, shall be paid out of the public treasury, to every member, who in the judgment of the house, shall attend seasonably, and not depart without leave. The house of representatives shall be the grand inquest of the state, and all impeachments made by them, shall be heard and tried by the senate. All money-bills shall originate in the house of representatives, but the senate may propose or concur with amendments as on other bills. The house of representatives shall have power to adjourn themselves, but not longer than two days at a time. Two thirds of the members of the house of representatives elected, provided the said two thirds do not amount to a less number than thirty, shall make a quorum for doing business. No member of the house of representatives or senate shall be arrested, or held to bail on mean process, during his going to, returning from, or attendance upon the court. The house of representatives shall choose their own speaker, appoint their own

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officers, settle the rules of proceedings in their own house; and issue writs to fill up any intermediate vacancies therein. They shall have authority to punish by imprisonment, every person who shall be guilty of disrespect to the house in its presence, by any disorderly and contemptuous behaviour; or by threatening, or ill-treating any of its members; or by obstructing its deliberations; every person guilty of a breach of its privileges in making arrests for debt, or by assaulting any of its members during his attendance at any session, in assaulting or disturbing any one of its officers in the execution of any order or proceedure of the house, in assaulting any witness, or other person, ordered to attend by20 and during his attendance of the house, or in rescuing any person arrested by order of the house, knowing them to be such. The Senate, and Governor, and Council, shall have the same powers in like cases, provided that no imprisonment by either for any offence exceed ten days. The journals of the proceedings of both houses of the General Court, shall be printed & published immediately after every adjournment, or prorogation; and upon motion made by any one member; the yeas and nays upon any question, shall be taken and entered in the journals. The legislature shall once every five years from the commencement of this constitution, apportion the representatives anew to and for each county, according to the number of rateable polls each may contain.

Executive Power Governor There shall be a supreme executive Magistrate, who shall be stiled, The Governor of the State of New-Hampshire; and whose Title shall be His Excellency. The Governor shall be chosen annually;

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1781) and no person shall be eligible to this office, unless at the time of his election, he shall have been an inhabitant of this state for seven years next preceding, and unless he shall be of the age of thirty years, and unless he shall, at the same time, have an estate of the value of one thousand pounds, one half of which shall consist of a freehold, clear of debt, within the state; and unless he shall be of the protestant religion. Those persons qualified to vote for delegates to the county-conventions, within the several towns, parishes, and plantations, of this state, shall at a meeting to be called for that purpose, some day in the month of March annually, give in their votes for a Governor to the selectmen, who shall preside at such meeting, and the clerk in the presence and with the assistance of the selectmen, shall in open meeting sort and count the votes, and form a list of the persons voted for, with the number of votes for each person against his name; and shall make a fair record of the same in the town books, and a public declaration thereof in the said meeting; and shall in the presence of said inhabitants seal up a copy of said list attested by him and the selectmen, and transmit the same to the sheriff of the county, thirty days at least before the first Wednesday of June, or shall cause returns of the same to be made to the office of the secretary of the state, seventeen days at least, before said day; who shall lay the same before the senate and house of representatives on the first Wednesday of June, to be by them examined: And in case of an election by a majority of votes thro’ the state, the choice shall be by them declared, and published: But if no person shall have a majority of votes, the house of representatives shall by ballot elect two out of four persons who had the highest number of votes, if so many shall have been voted for; but if otherwise, out of the number voted for; and make return to the senate of the two persons so elected, on which the

senate shall proceed by ballot to elect one of them, who shall be declared Governor. The Governor, with advice21 of Council, shall have full power and authority in the recess of the general-court, to prorogue the same from time to time, not exceeding 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 call it together sooner, than the time to which it may be adjourned, or prorogued, if the welfare of the state should require the same. In cases of disagreement between the two houses, with regard to the time of adjournment, or prorogation, the Governor, with advice of Council, shall have a22 right to adjourn or prorogue the General Court, not exceeding ninety days, at any one time, as he may determine the public good may require. And he shall dissolve the same seven days before the said first Wednesday of June. And in case of any infectious distemper prevailing in the place where the said court at any time is to convene, or any other cause whereby dangers may arise to the healths, or lives of the members from their attendance, the Governor may direct the session to be holden at some other the most convenient place within the state. The Governor of this state for the time being, shall be commander in chief of the army and navy, and all the military forces of the state, by sea and land: and shall have full power by himself, or by any chief commander, or other officer, or officers, from time to time, to train, instruct, exercise and govern the militia and navy; and for the special defence and safety of this state, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, expulse, repel, resist and pursue by force of arms, as well by sea as by land, within and without the limits of this state; and also to kill, slay, destroy, if necessary, and conquer by all fit-

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N EW H AMPSHIRE ting ways, enterprize and means, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprize the destruction, invasion, detriment, or annoyance of this state; and to use and exercise over the army and navy, and over the militia in actual service, the law martial in time of war, invasion, and also in rebellion, declared by the legislature to exist, as occasion shall necessarily require. And also from time to time, to erect forts, and fortify any place or places within the said state, and the same to furnish with all necessary ammunition23 , provisions and warlike stores for defence & offence, and to commit, from time to time, the custody and government of the same, to such person or persons as to him may seem meet: And in times of emergency, the said forts and fortifications to demolish at his discretion; and to take and surprize by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade, or attempt the invading, conquering, or annoying this state; and in fine, that the governor be, and hereby is 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 hereafter, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legislature, transport any of the inhabitants of this state, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the general court; nor grant commissions for exercising the law-martial upon any of the inhabitants of this state, without the advice and consent of the Council of the same. The power of pardoning of offences, except such as persons may be convicted of

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before the senate by the impeachment of the house, shall be in the Governor, by and with the advice of the Council: But no charter of pardon granted by the Governor, with advice24 of council, before conviction, shall avail the party pleading the same notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. All judicial officers, the Attorney-General, Solicitor-General, all Sheriffs, Coroners, Registers of Probate, and other civil officers, except such as are to be otherwise elected or appointed by this constitution, or the laws of the State, and all officers of the militia and navy shall be nominated and appointed by the Governor, by and with the advice and consent of the council; and every such nomination shall be made by the Governor at least seven days prior to such appointment. No officer, duly commissioned to command in the militia, shall be removed from his office, but by the address of both houses to the Governor, or by fair trial in courtmartial, pursuant to the laws of the state for the time being. The commanding officers of regiments shall appoint their adjutants and quartermasters; the brigadiers their brigade-majors; the major-generals their aids; the captains and subalterns their non-commissioned officers. The Governor, with advice25 of 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 monies shall be issued out of the treasury, of this state; and disposed of, (except

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1781) such sums as may be appropriated for the redemption of bills of credit or treasurers notes, or for the payment of interest arising thereon) but by warrant under the hand of the governor for the time being, by and with the advice and consent of the council, for the necessary support and defence of this state, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court. All public boards, the commissary general, all superintending officers of public magazines and stores, belonging to this state, and all commanding officers of forts and garrisons within the same, shall once in every three months officially, and without requisition, and at other times, when required by the 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 governor, when required by him, true and exact plans of such forts, and of the land and sea or harbor or harbors adjacent. And to prevent an undue influence in this state, which the first magistrate thereof may acquire, by the long possession of the important powers and trusts of that office, as also to stimulate others to qualify themselves for the service of the public, in the highest stations, no man shall be eligible as governor of this state, more than three years in any seven. And as the public good requires, that the Governor should not be under the undue influence of any members of the two houses, by a dependance on them for his26 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 state in the character of its Chief Magistrate; it is necessary that he should have an honorable 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 commencement of this constitution, to establish such salary by law accordingly. Permanent and honorable salaries shall be established by law for the Justices of the superior court. Whenever the chair of the Governor shall be vacant, by reason of his death, absence from the state, or otherwise, the President of the Senate, for the time being, shall during such vacancy, have and exercise all the powers and authorities which by this constitution the Governor is vested with when personally present; and whenever the President shall fill the chair, he shall have no voice in the Senate.

Council There shall be a Council for advising the Governor in the executive part of government, to consist of five persons, whom the Governor for the time being, shall have full power and authority to convene from time to time, at his discretion, and the Governor, with the Counsellors, or three of them at least, shall and may, from time to time, hold and keep a council, for ordering and directing the affairs of the state, according to the laws of the land. Five Councellors shall be annually chosen from among the people at large, on the first Wednesday of June annually, by joint ballot of the senators and representatives in one room assembled. The qualifications for councellors, shall be the same as those required for senators. The resolutions and advice of the council

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N EW H AMPSHIRE shall be recorded in a register, and signed by the members present, and this27 record may be called for at any time, by either house of the legislature, and any member of the council may enter his opinion contrary to the resolution of the majority. 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 until the same shall be completed. And the order of the elections shall be as follows; the vacancies in the senate, if any, shall be first filled up, the Governor shall then be elected, provided there should be no choice of him by the people: And afterwards the two houses shall proceed to the election of the Council.

Secretary, Treasurer, Commissary-General, &c. The Secretary, Treasurer, and Commissary-General, shall be chosen by joint ballot of the senators and representatives in one room: And no man shall be eligible as treasurer or commissary-general of this state, more than five years successively. The records of the state shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be answerable, and he shall attend the governor and council, the senate and representatives, in person, or by deputy, as they may require.

County-Treasurer, &c. The County-Treasurers, and Registers of Deeds, shall be elected by the inhabitants of the several towns, in the several counties in the state, according to the method now practised, and the present laws of the state: And before they enter

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upon the business of their offices, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give bond with sufficient sureties, in a reasonable sum for the use of the county, for the punctual performance of their respective trusts.

Judiciary Power The tenure, that all commission officers shall have by law in their offices, shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned and sworn, shall hold their offices during good behaviour, excepting those concerning whom there is a different provision made in this constitution: Provided nevertheless, the governor, with consent of council, may remove them upon the address of both houses of the legislature. Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the justices of the superior court upon important questions of law, and upon solemn occasions. In order that the people may not suffer from the long continuance in place of any justice of the peace, who shall fail in discharging the important duties of his office with ability and fidelity, all commissions of justices of the peace shall expire and become void, in the term of five years from their respective dates; and upon the expiration of any commission, the same may if necessary, be renewed, or another person appointed, as shall most conduce to the well-being of the state. The judges of probate of wills, and for granting letters of administration, shall hold their courts at such place or places, on such fixed days, as the convenience of the people may require. And the legislature shall from time to time, hereafter appoint such times and places, until which appointments the

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1781) said courts shall be holden at the times and places which the respective judges shall direct. All causes of marriage, divorce28 and alimony, and all appeals from the respective judges of probate, shall be heard and tried by the superior court, until the legislature shall, by law, make other provision29 .

Clerks of Courts The Clerks of the Superior Court of Judicature, Inferior Courts of Common Pleas, and General Sessions of the Peace, shall be appointed by the respective courts during pleasure. And to prevent any fraud or unfairness in the entries and records of said courts, no such clerk shall be of counsel in any cause in the court of which he is clerk, nor shall he fill any writ in any civil action whatsoever.

Delegates to Congress The Delegates of this State to the Congress of the United States, shall sometime between the first Wednesday of June and the first Wednesday of September annually, be elected by the senate and house of representatives in their seperate branches; to serve in congress for one year, to commence on the first Monday in November then next ensuing. They shall have commissions under the hand of the governor, and the great seal of the state; but may be recalled at any time within the year, and others chosen and commissioned, in the same manner, in their stead. And they shall have the same qualifications in all respects, as by this constitution are required for the governor. No person shall be capable of being a delegate to Congress, for more than three years in any term of six years; nor shall any person being a delegate, be capable of

holding any office under the United States, for which he, or any other for his benefit, receives any salary, or emolument of any kind.

Encouragement of Literature, &c. Knowledge, and learning, generally diffused through a community, being essential to the preservation of a free government, and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and œconomy, honesty and punctuality in their dealings; sincerity, sobriety and all social affections, and generous sentiments, among the people.

Oath and subscriptions; exclusion from offices; commissions; writs; confirmation of laws; habeas corpus; the enacting stile; continuance of officers; provision for a future revision of the constitution, &c. Any person chosen Governor, Counsellor, Senator or Representative, accepting the trust, shall before he proceeds to execute the duties of his office, make and subscribe the following declaration, viz.

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N EW H AMPSHIRE I A. B. do truly and sincerely acknowledge, profess, testify and declare, that the State of New-Hampshire is, and of right ought to be, a free, sovereign, and independent State; and do swear that I will bear faith and true allegiance to the same, and that I will defend it against all treacherous conspiracies and hostile attempts whatever; and that I do renounce any subjection and obedience to the Sovereign, or government of Great-Britain, and every foreign power whatsoever, and that no foreign prince, person, prelate, state or potentate, hath, or ought to have, any jurisdiction, superiority, pre-eminence, authority dis-pending or other power, in any matter civil, ecclesiastical, or political within this State, except the power and authority 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, a right to absolve me from the obligation of this oath, declaration or affirmation; and that I do make this acknowledgement, profession, testimony, declaration, denial and renunciation, honestly and truly, according to the common acceptation of the foregoing words, without any equivocation, mental evasion, or secret reservation whatever. So help me God. I A. B. do solemnly and sincerely swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as ––––––– according to the best of my abilities, agreeably to the rules and regulations of this Constitution, and the laws of the State of New-Hampshire. “So help me God.” Provided always, When any Person chosen or appointed as aforesaid, shall be of the denomination called Quakers, or shall be scrupulous of swearing, and shall decline taking the said oaths30 , such shall take and subscribe them, omitting the word “Swear” and likewise the words “So help me God” subjoining instead thereof, This I do under

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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 the presence of the two Houses of Assembly; and by the Senate and Representatives first elected under this Constitution, before the President and three of the Council of the former Constitution, and forever afterwards, before the Governor and Council for the time being; and by the residue of the officers aforesaid, before such persons, and in such manner as from time to time shall be prescribed by the Legislature. 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, first, or senior Justice of the court; but when such Justice shall be interested, 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 informations31 shall conclude against the peace and dignity of the State. The estate32 of such persons as may destroy their own lives, shall not for that offence be forfeited, but descend or ascend in the same manner, as if such persons33 had died in a natural way. Nor shall any article, which shall accidentally occasion the death of any person, be henceforth deemed a deodand, or in anywise forfeited on account of such misfortune. All the laws which have heretofore been adopted, used34 and approved, in the Province, Colony, or State of NewHampshire, and usually practised on in the courts of law, shall still remain and be

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1781) in full force, until altered and repealed by the Legislature; such parts thereof35 only excepted, as are repugnant to the rights and liberties contained in this constitution. The priviledge and benefit of the Habeas Corpus, shall be enjoyed in this State, in the most free, easy, cheap, expeditious, and ample manner, and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a time not exceeding three months. The enacting stile in making and passing acts, statutes and laws, shall be – Be it enacted by the Senate and House of Representatives in General Court convened. No Governor, or Judge of the Superior Court, shall hold any office or place, under the authority of this State, except such as by this Constitution they are admitted to hold, saving that the Judges of the said Court may hold the offices of Justice of the Peace throughout the State; nor shall they hold any place or office, or receive any pension or salary, from any other State, Government or Power whatever. No person shall be capable of exercising at the same time, more than one of the following offices within this State, viz. Judge of Probate, Sheriff, Register of Deeds; and never more than two offices of profit which may be held by appointment of the Governor, or Governor and Council, or Senate and House of Representatives, or Superior or Inferior Courts; military offices and offices of Justices of the Peace excepted. No person holding the office of Judge of the Superior Court, Secretary, Treasurer of the State, Judge of Probate, CommissaryGeneral, Military Officers receiving pay from the Continent or this State; excepting officers of the militia occasionally called forth on an emergency, Judge of the Inferior Court of Common Pleas, President, Professor or Instructor of any College, Sheriff, or Officer of the Customs, including naval officers, shall at the same time have a seat in

the Senate or House of Representatives, or Council; but their being chosen or appointed to and accepting the same shall operate as a resignation of their Seat in the Senate or House of Representatives or Council, and the place so vacated shall be filled up. No person shall ever be admitted to hold a Seat in the Legislature, or any office of trust or importance under this Government, who in the due course of law, has been convicted of brib-ery or corruption in obtaining an election or appointment. In all cases where sums of money are mentioned in this Constitution, the value thereof shall be computed in silver at six shillings and eight pence per ounce: And it shall be in the power of the Legislature to increase such qualifications as to property of persons to be elected to offices36 , as the circumstances of the State may require. To the end that there may be no failure of justice or danger arise to this State from a change of the form of Government, all civil and military officers, holding commissions under the Government and People of New-Hampshire, and other officers of the said Government and People, at the time this Constitution shall take effect, shall hold, exercise and enjoy all the powers and authorities to them granted and committed, until other persons shall be appointed in their stead. All courts of law in the business of their respective departments, and the Executive and Legislative Bodies and Persons, shall continue in full force, enjoyment and exercise of all their trusts and employments, until the General Court and the Supreme and other Executive officers under this Constitution, are designated and invested with their respective trusts, powers and authority. This form of Government shall be enrolled on parchment, and deposited in the Secretary’s office, and be a part of the laws of the land, and printed copies thereof shall be prefixed to the books containing the laws

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N EW H AMPSHIRE of this State, in all future editions thereof. To preserve an effectual adherence to the principles of the Constitution, and to correct any violations37 thereof; as well as to make such alterations therein, as from experience may be found necessary, the General Court shall after the expiration of seven years from the time this Constitution shall take effect, issue their precepts to the selectmen of the several towns, and to the assessors of unincorporated places within this State, directing them to convene the qualified voters therein, for the purpose of collecting their sentiments on the necessity or expediency of revising the Constitution in order for amendments: And if it shall appear by the returns made, that two thirds of the qualified voters throughout38 the State who shall assemble and vote in consequence of said precepts, are in favor of such revision and amendments, the General Court shall issue precepts, or direct them to be issued from the Secretary’s office, to the several towns and unincorporated places to elect delegates to meet in Convention for the purpose aforesaid: The said delegates to be chosen in the same manner and proportion as the delegates to the annual county Conventions, are by this Constitution. 1

Verified by An Address of the Convention For Framing a New Constitution of Government For the State of New-Hampshire, To the Inhabitants of Said State, Portsmouth and Exeter: Printed, and to be Sold, at the Printing-Offices, M.DCC.LXXXI [1781], 63 p., and checked against the version as published in New Hampshire Provincial and State Papers, IX: Town Papers. Documents and Records Relating to Towns in New Hampshire; With an Appendix Embracing the Constitutional Conventions of 1778–1779; and of 1781– 1783; and the State Constitution of 1784. Published by Authority of the Legislature of New Hampshire, ed. by Nathaniel Bouton, Concord, NH: Charles C. Pearson, 1875, 852–877. The original manuscript is not known to have survived. Spelling, capitalization, and punctuation

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follow the 1781 print. The constitution was the second attempt to replace the temporary Constitution of 1776 (q.v.). After having rejected the proposed Constitution of 1779 (q.v.), the people also rejected the draft of 1781 (cf. New Hampshire State Papers, IX, 877). As a result the convention reconvened in August 1782 to draft a modified version, only to fail again (q.v.). 2 In New Hampshire State Papers, IX, 852, additional title “A Constitution or Form of Government for the State of New Hampshire” added. This title had also appeared in the 1781 print, 17. However, according to the Errata list after p. 63, “At the beginning of page 17 the words, ‘A Constitution or Form of Government for the State of New-Hampshire’, were inserted by mistake.” 3 In New Hampshire State Papers, IX, 852, “secure”. 4 Ibid., 853, “these”. 5 Ibid., 855, “punishment”. 6 Ibid., 856, word missing. 7 Ibid., 857, “those persons”. 8 In 1781 print, 29, title lines in inverse order; in New Hampshire State Papers, IX, 858, “Part II. Form of Government”. 9 In New Hampshire State Papers, IX, 859, word missing. 10 Ibid., 860, “charge”. 11 Ibid., 861, last two counties in reverse order. 12 Ibid., “situated”. 13 Ibid., 862, “the”. 14 Ibid., “them”. 15 Ibid., 863, “further”. 16 Ibid., 864, “the”. 17 Ibid., “meeting”. 18 Ibid., 865, “conventions”. 19 Ibid., “meeting”. 20 Ibid., 866, word missing. 21 Ibid., 867, “the advice”. 22 Ibid., “the”. 23 Ibid., 868, “ammunitions”. 24 Ibid., 869, “the advice”. 25 Ibid., “the advice”. 26 Ibid., 870, word missing. 27 Ibid., 871, “the”. 28 Ibid., 872, “divorces”. 29 Ibid., “provisions”. 30 Ibid., 874, “oath”. 31 Ibid., 875, “information”. 32 Ibid., “estates”. 33 Ibid., “person”. 34 Ibid., “read”. 35 Ibid., “there off”. 36 Ibid., 876, “office”. 37 Ibid., “violation”. 38 Ibid., “through”.

Failed Constitution of New Hampshire (1782)

A Constitution or Form of Government, Agreed upon by the Delegates of the People of the State of New-Hampshire1

A Constitution or Form of Government, Agreed upon by the Delegates of the People of the State of New-Hampshire, in Convention, Begun and held at Concord, on the second Tuesday of June, 1781, and continued by Adjournment to the third Tuesday of August 1782: To be submitted to the People for their revision, in order to the completing of the same, in conformity to their amendments, at a session to be holden for that purpose, on the last Tuesday of December next.

PART I A Declaration of the Rights of the People of New-Hampshire A RT. I. All Men are born equally free and independent, therefore all government of right originates from the people, is founded in consent, and instituted for the general good. A RT. II. 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 obtaining happiness. A RT. III. When men enter into a state of society, they surrender up some of their natural rights to that society in order to ensure the protection of others, and without such an equivalent the surrender is void.

A RT. IV. Among the natural rights, some are in their very nature unalienable, because no equivalent can be given or received for them. Of this kind are the Rights of Conscience. A RT. V. Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience, and reason – and no subject shall be hurt, molested, or restrained in his person, liberty or estate for worshipping God, in the manner and season most agreeable to the dictates of his own conscience, or for his religious profession, sentiments or persuasion; provided he doth not disturb the public peace, or disturb others in their religious worship. A RT. VI. As morality and piety, rightly grounded on evangelical principles, will give the best and greatest security to government, and will lay in the hearts of men the strongest obligations to due 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 instruction in morality and religion; therefore to promote those important purposes, the people of this State have a right to impower, and do hereby fully impower the Legislature to authorize from time to time, the several towns, parishes, bodiescor-porate, or religions societies within this State, to make adequate provision at their own expence, for the support and maintenance of public protestant teachers of piety, religion and morality:

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N EW H AMPSHIRE Provided notwithstanding, 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 particular religious sect or denomination, shall ever be compelled to pay towards the support of the teacher or teachers of another persuasion, sect or denomination. And every denomination of christians demeaning themselves quietly, and as good subjects of the State, shall be equally under the protection of the law: And no subordination of any one sect or denomination to another, shall ever he established by law. And nothing herein shall be understood to affect any former contracts made for the support of the ministry; but all such contracts shall remain, and be in the same state as if this Constitution had not been made. A RT. VII. The people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State, and do, and forever hereafter shall, exercise, and enjoy 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. A RT. VIII. All power residing originally in, and being derived from the people, all the magistrates, and officers of government, are their substitutes and agents, and at all times accountable to them. A RT. IX. No office or place whatsoever in government, shall be hereditary – the abilities and integrity requisite in all, not being transmissible to posterity or relations. A RT. X. Government being instituted for the common benefit, protection, and security of the whole community, and not for the private interest or emolument of any

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one man, family, or class of men; therefore whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought, to reform the old, or establish a new government. The doctrine of non-resistance against arbitrary power, and oppression is absurd, slavish, and destructive of the good and happiness of mankind. A RT. XI. All elections ought to be free, and every inhabitant of the State having the proper qualifications, has equal right to elect, and be elected into office. A RT. XII. 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 in the expence of such protection, and to yield his personal service when necessary, or an equivalent. But no part of a man’s property shall be taken from him, or 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. A RT. XIII. No person who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto, provided he will pay an equivalent. A RT. XIV. Every Subject of this State is intitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, property or character, to obtain right and justice freely, without being obliged to purchase it; completely, and without any denial; promptly, and without delay, conformably to the laws. A RT. XV. No subject shall be held to answer for any crime, or offence, until the same is fully and plainly, substantially and formally,

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1782) described to him; or be compelled to accuse or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defence by himself, and Counsel. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land. A RT. XVI. No subject shall be liable to be tried, after an acquittal, for the same crime or offence. – Nor shall the Legislature make any law that shall subject any person to a capital punishment, excepting for the government of the army and navy, and the militia in actual service, without trial by jury. A RT. XVII. In criminal prosecutions, the trial of facts in the vicinity where they happen, is so essential to the security of the life, liberty and estate of the citizen, that no crime or offence ought to be tried in any other County than where it is committed; except in cases of a general insurrection in any particular County, where it shall appear to the Judges of the Superior Court, that an impartial trial cannot be had in the County where the offence may be committed, and upon their report, the assembly shall think proper to direct the trial in the nearest County where an impartial trial can be obtained. A RT. XVIII. All penalties ought to be proportioned to the nature of the offence. No wise Legislature will affix the same punishment to the crimes of theft, forgery and the like, which they do to those of murder and treason, where the same undistinguishing severity is exerted against all offences; the 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 those of the lightest dye: For the same reason a multitude of sanguinary laws are both impolitic and unjust. The true design of all punishments being to reform, not to exterminate, mankind. A RT. XIX. Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them, be not previously supported by oath, or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or move 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 the laws. A RT. XX. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has been heretofore otherwise used and practised, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless in causes arising on the high seas, and such as relate to mariners wages, the Legislature shall think it necessary hereafter to alter it. A RT. XXI. In order to reap the fullest advantage of the inestimable priviledge of the trial by Jury, great care ought to be taken that none but qualified persons should be capable of serving, and such ought to be fully compensated for their travel, time and attendance. A RT. XXII. The liberty of the Press is essential to the security of freedom in a State; it ought therefore to be inviolably preserved. A RT. XXIII. Retrospective laws are highly injurious, oppressive and unjust. No such

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N EW H AMPSHIRE laws therefore should be made, either for the decision of civil causes, or the punishment of offence. A RT. XXIV. A well regulated militia is the proper, natural, and sure defence of a State. A RT. XXV. Standing armies are dangerous to liberty, and ought not to be raised or kept up without the consent of the Legislature. A RT. XXVI. In all cases, and at all times, the military ought to be under strict subordination to, and governed by the civil power. A RT. XXVII. No soldier in time of peace shall be quarter’d 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. A RT. XXVIII. No subsidy, charge, tax, import 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. A RT. XXIX. The power of suspending the laws, or the execution of them, ought never to be exercised but by the Legislature, or by authority derived therefrom, to be exercised in such particular cases only as the Legislature shall expressly provide for. A RT. XXX. The freedom of deliberation, speech, and debate, in either House of the Legislature, is so essential to the rights of the people, that it cannot be the foundation of any action, complaint, or prosecution, in any other Court or place whatsoever. A RT. XXXI. The Legislature ought frequently to assemble for the redress of grievances, for correcting, strengthening and confirming the laws, and for making new ones, as the common good may require.

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A RT. XXXII. The people have a right in an orderly and peaceable manner, to assemble in order to consult upon the common good, give instructions to their Representatives; and to request of the Legislative-body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer. A RT. XXXIII. No magistrate or court of law shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments. A RT. XXXIV. No person can in any case be subjected to law-martial, or to any pains, or penalties, by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by the authority of the Legislature. A RT. XXXV. It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of 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 right of the people, that the judges of the Supreme (or Superior) Judicial Court should hold their offices so long as they behave well; and that they should have honorable salaries, ascertained and established by standing laws. A RT. XXXVI. Œconomy 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. A RT. XXXVII. In the government of this State, the three essential powers thereof, to wit, the Legislative, Executive and Judicial,

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1782) ought to be kept as separate from and independent of each other, as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the constitution in one indissoluble bond of union and amity. A RT. XXXVIII. A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to justice, moderation, temperance, industry, frugality, and all the social virtues, are indespensably 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 officers and representatives: And they have a right to require of their law-givers and magistrates, an exact and constant observance of them in the formation and execution of the laws necessary for the good administration of government.

PART II A Constitution or Form of Government for the State of New-Hampshire 2 The People inhabiting the Territory formerly called the Province of NewHampshire, 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 New-Hampshire.

The General Court The Supreme Legislative power within this State shall be vested in a Senate and House of Representatives, each of which shall have a negative on the other. The Senate and House shall assemble every year on the first Wednesday of June, and at such other times as they may judge

necessary, and shall dissolve, and be dissolved, seven days next preceding the said first Wednesday of June; and shall be stiled The General Court of New-Hampshire. 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 has 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 which soever the same shall have originated; 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 upon such reconsideration, three quarters 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 be also reconsidered, and if approved by three quarters of the members present, it shall have the force of a law: But in all such cases, the votes of both Houses shall be determined by yeas and nays; and the names of the persons voting for, or against, the said bill or resolve, shall be entered upon the public records of the State. And in order to prevent unnecessary delays, if any bill or resolve having been presented to the Governor, shall not be returned by him within the next eight days of the sitting of the General-Assembly, at the same session; or if it shall not so long continue, then on the second day of their next session, the same shall have the force of a law. The General Court shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be holden in the name of the

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N EW H AMPSHIRE State, for the hearing, trying, and determining 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 inhabiting, or residing, or brought within the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal, or mixt; and for the awarding and issuing execution thereon. To which courts and judicatories are hereby given and granted full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them. And farther, full power and authority are hereby given and granted to the said General Court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions and instructions, either with penalties or without; so as the same be not repugnant, or contrary to this Constitution, as they may judge for the benefit and welfare of this State, and for the governing and ordering thereof, and of the subjects of the same, for the necessary support and defence of the government thereof; and to name and settle annually, or provide by fixed laws, for the naming and settling all civil officers within this State; such officers excepted, the election and appointment of whom, are hereafter in this form of government otherwise provided for; and to set forth the several duties, powers, and limits, of the several civil and military officers of this State, and the forms of such oaths or affirmations, as shall be respectively administred unto them for the execution for their several offices and places, so as the same be not repugnant or contrary to this Constitution; and also to impose fines, mulcts, imprisonments, and other punishments; and to impose and levy proportional and reason-

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able assessments, rates and taxes, upon all the inhabitants of, and residents within the said State; and upon all estates within the same; to be issued and disposed of by warrant under the hand of the Governor of this State for the time being, with the advice and consent of the Council, for the public service, in the necessary defence and support of the Government of this State, and the protection and preservation of the subjects thereof, according to such acts as are, or shall be in force within the same. And while the public charges of government or any part thereof, shall be assessed on polls and estates in the manner that has heretofore been practised; in order that such assessments may be made with equality, there shall be a valuation of the estates within the State taken anew once in every five years at least, and as much oftner as the General Court shall order.

Senate There shall be annually elected by the freeholders and other inhabitants of this State, qualified as in this Constitution is provided, twelve persons to be Senators for the year ensuing their election; to be chosen in and by the inhabitants of the districts, into which this State may from time to time be divided by the General Court for that purpose: And the General Court, in assigning the number to be elected by the respective districts, 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, and the number of Senators to be elected therein; provided the number of such districts shall never be more than ten, nor less than five. And the several Counties in this State, shall, until the General Court shall order otherwise, be districts for the election of Sen-

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1782) ators, and shall elect the following number, viz. Rockingham, five. Strafford, two. Hillsborough, two. Cheshire, two. Grafton, one. The Senate shall be the first branch of the Legislature: And the Senators shall be chosen in the following manner, viz. Every male inhabitant of each Town and Parish with town privileges in the several Counties in this State, of twenty one years of age and upwards, paying for himself a poll tax, shall have a right at the annual or other meetings of the inhabitants of said Towns and Parishes, to be duly warned and holden annually forever in the month of March; to vote in the Town or Parish wherein he dwells, for the Senators in the County or district whereof he is a member. And every person qualified as the Constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this State, in that Town, Parish and Plantation where he dwelleth and hath his home. The Selectmen of the several Towns and Parishes aforesaid, shall, during the choice of Senators, preside at such meetings impartially, and shall receive the votes of all the inhabitants of such Towns and Parishes present and qualified to vote for Senators, and shall sort and count the same in the3 meeting, and in presence of the Town Clerk, who shall make a fair record in presence of the Selectmen, and in open meeting, of the name of every person voted for, and the number of votes against his name; and a fair copy of this record shall be attested by the Selectmen and Town Clerk, and shall be sealed up and directed to the Secretary of the State, with a superscription expressing

the purport thereof, and delivered by said Clerk to the Sheriff of the County in which such Town or Parish lies, thirty days at least, before the first Wednesday of June; and the Sheriff of each County or his deputy, shall deliver all such certificates by him received into the Secretary’s office, seventeen days at least, before the first Wednesday of June. And the Inhabitants of plantations and places unincorporated, qualified as this Constitution provides, who are or shall be required to assess taxes upon themselves towards the support of government, or shall be taxed therefor, shall have the same privilege of voting for Senators in the plantations and places wherein they reside, as the inhabitants of the respective Towns and Parishes aforesaid have. And the meetings of such plantations and places for that purpose shall be holden annually in the month of March, at such places respectively therein, as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the Selectmen and Town Clerks have in their several Towns by this Constitution. And, that there may be a due meeting of Senators on the first Wednesday of June, annually, the Governor and three 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 of June, he shall issue his summons to such persons as appear to be chosen Senators by a majority of votes, to attend and take their seats on that day: Provided, nevertheless, that for the first year the said returned copies shall be examined by the President and five of the Council of the former Constitution of government; and the said President shall in like manner notify the persons elected, to attend and take their seats accordingly. The Senate shall be final judge of the elections, returns, and qualifications of their own members, as pointed out in this Constitu-

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N EW H AMPSHIRE tion, and shall on the said first Wednesday of June annually, determine and declare, who are elected by each district to be Senators by a majority of votes: And in case there shall not appear to be the full number returned elected by a majority of votes for any district, the deficiency shall be supplied in the following manner, viz. the members of the house of Representatives and such Senators as shall be declared elected, shall take the names of such persons as shall be found to have the highest number of votes in each district, and not elected, amounting to twice the number of Senators wanting, if there be so many voted for; and out of these shall elect by joint ballot the number of Senators 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 death, removal out of the State, or otherwise, shall be supplied as soon as may be, after such vacancies happen. Provided nevertheless, That no person shall be capable of being elected a Senator, who is not of the Protestant Religion, and seized of a freehold estate in his own right of the value of two hundred Pounds, lying within this State, who is not of the age of thirty years, and who shall not have been an inhabitant of this State for seven years immediately preceding his election, and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. The Senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time. The Senate shall choose its own President, ap-point its own officers, and determine its own rules of proceedings. And not less than seven members of the Senate shall make a quorum for doing business. Provided, that when less than eight Senators shall be present, the assent of five at least shall be necessary to render their acts and proceedings valid.

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The Senate shall be a court with full power and authority to hear and determine all impeachments made by the House of Representatives, against any officer or officers of the State, for misconduct or maladministration in their offices. But previous to the trial of any such impeachment, the members of the Senate shall respectively be sworn, truly and impartially to try and determine the charge in question according to evidence. Their judgment, however, shall not extend farther than removal from office, disqualification to hold or enjoy any place of honor, trust or profit under this State; but the party so convicted, shall nevertheless be liable to indictment, trial, judgment, and punishment, according to the laws of the land.

House of Representatives There shall be in the Legislature of this State a representation of the people annually elected and founded upon principles of equality: And in order that such representation may be as equal as circumstances will admit, every Town, Parish or place intitled to town privi-leges, having one hundred and fifty rateable male polls, of twenty one years of age, and upwards, may elect one representative; if four hundred and fifty rateable polls, may elect two representatives; and so proceeding in that proportion, making three hundred such rateable polls the mean increasing number, for every additional representative. That such Towns, Parishes or places as have less than one hundred and fifty rateable polls shall be classed by the General Assembly for the purpose of chusing a representative, and seasonably notified thereof. And that 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 rateable polls reside; and afterwards in that which has the next

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1782) highest number, and so on annually by rotation, through the several Towns, Parishes or places, forming the district. That whenever any Town, Parish, or place intitled to town privileges as aforesaid, shall not have one hundred and fifty rateable 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 voters in such Town, Parish, or place, issue a writ for their electing and sending a representative to the General Court. The members of the house of representatives shall be chosen annually in the month of March, and shall be the second branch of the Legislature. All persons qualified to vote in the election of Senators shall be intitled to vote within the Town, District, Parish, or place, where they dwell, in the choice of representatives. Every member of the house of representatives shall be chosen by ballot; and for two years at least next preceding his election, shall have been an inhabitant of this State, shall have an estate within the Town, Parish, or place which he may be chosen to represent, of the value of one 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 Town, Parish, or place he may be chosen to represent; shall be of the Protestant Religion, and shall cease to represent such Town, Parish, or place immediately on his ceasing to be qualified as aforesaid. The travel of each representative to the General Assembly, and returning home, once in every session, and no more, shall be at the expence of the State, and the wages for his attendance, at the expence of the Town, Parish, or places he represents; such members attending seasonably and not departing without licence. All intermediate vacancies in the House of Representatives, may be filled up from time to time, in

the same manner as annual elections are made. The House of Representatives shall be the grand inquest of the State, and all impeachments made by them, shall be heard and tried by the Senate. All money bills shall originate in the House of Representatives, but the Senate may propose or concur with amendments as on other bills. The House of Representatives shall have power to adjourn themselves, but no longer than two days at a time. That a majority of the members of the House of Representatives shall be a quorum for doing business: Provided, that when less than two thirds of the representatives elected shall be present, the assent of two thirds of the members shall be necessary to render their acts and proceedings valid. No member of the House of Representatives, or Senate shall be arrested, or held to bail on mean process, during his going to, returning 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. They shall have authority to punish by imprisonment, every person who shall be guilty of disrespect to the house in its presence, by any disorderly and contemptuous behavior, or by threatening, or ill treating any of its members; or by obstructing its deliberations; every person guilty of a breach of its privileges in making arrests for debt, or by assaulting any of its members during his attendance at any session, in assaulting or disturbing any one of its officers in the execution of any order or procedure of the house, in assaulting any witness, or other person, ordered to attend by and during his attendance of the house, or in rescuing any person arrested by order of the house, knowing them to be such. The Senate, Governor, and Council shall have

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N EW H AMPSHIRE the same powers in like cases; provided that no imprisonment by either for any offence, exceed ten days. The journals of the proceedings of both houses of the General Court, shall be printed and published, immediately after every adjournment, or prorogation; and upon motion made by any one member, the yeas and nays upon any question, shall be taken and entered in the journals.

Executive Power Governor There shall be a supreme executive Magistrate, who shall be stiled, The Governor of the State of New-Hampshire; and whose Title shall be His Excellency. 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 State for seven years next preceding, and unless he shall be of the age of thirty years; and unless he shall, at the same time, have an estate of the value of five hundred Pounds, one half of which shall consist of a freehold, in his own right, within the State; and unless he shall be of the protestant religion. Those persons qualified to vote for Senators and Representatives, shall within the several Towns, Parishes, or Places, wherein they dwell, at a meeting to be called for that purpose, some day in the month of March annually, give in their votes for a Governor to the Selectmen, who shall preside at such meeting, and the Clerk in the presence and with the assistance of the Selectmen, shall in open meeting sort and count the votes, and form a list of the persons voted for, with the number of votes for each person against his name, and shall make a fair record of the same in the town books, and a public declaration thereof in the said meeting; and shall in the presence of said inhabitants,

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seal up a copy of said list attested by him and the Selectmen, and transmit the same to the Sheriff of the County, thirty days at least before the first Wednesday of June, or shall cause returns of the same to be made to the office of the Secretary of the State, seventeen days at least, before said day, who shall lay the same before the Senate and House of Representatives on the first Wednesday of June, to be by them examined: And in case of an election by a majority of votes through the State, the choice shall be by them declared, and published; but if no person shall have a majority of votes, the House of Representatives shall by ballot elect two out of four persons who had the highest number of votes, if so many shall have been voted for; but if otherwise, out of the number voted for; and make return to the Senate of the two persons so elected, on which the Senate shall proceed by ballot to elect one of them, who shall be declared Governor. The Governor, with advice of Council, shall have full power and authority in the recess of the General-Court, to prorogue the same from time to time, not exceeding 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 call it together sooner than the time to which it may be adjourned, or prorogued, if the welfare of the State should require the same. In cases of disagreement between the two houses, with regard to the time of adjournment, or prorogation, the 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 may require. And he shall dissolve the same seven days before the said first Wednesday of June. And in case of any infectious distemper prevailing in the place where the said Court at any time is to convene, or any

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1782) other cause whereby dangers may arise to the healths or lives, of the members from their attendance, the Governor may direct the session to be holden at some other the most convenient place within the State. The Governor of this State for the time being, shall be commander in chief of the army and navy, and all the military forces of the State, by sea and land; and shall have full power by himself, or by any chief commander, or other officer, or officers, from time to time, to train, instruct, exercise and govern the militia and navy; and for the special defence and safety of this State, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, expulse, repel, resist and pursue by force of arms, as well by sea as by land, within and without the limits of this State; and also to kill, slay, destroy, if necessary, and conquer by all fitting ways, enterprize and means, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprize the destruction, invasion, detriment, or annoyance of this State; and to use and exercise over the army and navy, and over the militia in actual service, the law-martial in time of war, invasion, and also in rebellion, declared by the Legislature to exist, as occasion shall necessarily require: And surprize by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade, or attempt the invading, conquering, or annoying this State: And in fine, that the Governor be, and hereby is entrusted with all other powers incident to the office of captain-general and commander in chief, and admiral, to be exercised agreeably to the rules and regulations of the Constitution, and the laws of the land. Provided, that the Governor shall not at any time hereafter, by virtue of any power by this Constitution granted, or hereafter to be

granted to him by the Legislature, transport any of the inhabitants of this State, or oblige them to march out of the limits of the same, 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 of offences, except such persons as4 may be convicted of before the Senate by the impeachment of the house, shall be in the Governor, by and with the advice of the Council: But no charter of pardon granted by the Governor, with advice of Council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of offence or offences intended to be pardoned. All Judicial officers, the Attorney-General, Solicitor-General, all Sheriffs, Coroners, Registers of Probate, and all officers of the navy, and general and field officers of the militia, shall be nominated and appointed by the Governor, by and with the advice and consent of the Council; and every such nomination shall be made by the Governor at least seven days prior to such appointment. The Captains and Subalterns in the respective regiments shall be nominated and recommended by the field officers to the Governor, who is to issue their commissions immediately on receipt of such recommendation. No officer, duly commissioned to command in the militia, shall be removed from his office, but by the address of both houses to the Governor, or by fair trial in courtmartial, pursuant to the laws of the State for the time being. The commanding officers of the regiments shall appoint their adjutants and quarter-masters; the brigadiers their brigade-majors; the major generals their aids; the captains and subalterns their non-

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N EW H AMPSHIRE commissioned officers. 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 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 consider-ed as the proper division of the militia of this State, until the same shall be altered by some future law. No monies shall be issued out of the treasury of this State; and disposed of, (except such sums as may be appropriated for the redemption of bills of credit or treasurers notes, or for the payment of interest arising thereon) but by warrant under the hand of the Governor for the time being, by and with the advice and consent of the Council, for the necessary support and defence of this State, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General Court. All public boards, the commissarygeneral, all superintending officers of public magazines and stores, belonging to this State, and all commanding officers of forts and garrisons within the same, shall once in every three months officially, and without requisition, and at other times, when required by the Governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon with their appendages, and small arms with their accoutrements, and of all other public property under their care respectively; 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 Governor, when required by him, true and exact plans of such forts, and of the land, and sea or harbor or harbors adjacent.

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And as the public good requires, that the Governor should not be under the undue influence of any members of the two houses, by a dependance 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 State in the character of its Chief Magistrate; it is necessary that he should have an honorable salary amply sufficient for those purposes, granted him at the first meeting of the Assembly annually. Permanent and honorable salaries shall be established by law for the Justices of the Superior Court. Whenever the chair of the Governor shall be vacant, by reason of his death, absence from the State, or otherwise, the President of the Senate, for the time being, shall during such vacancy, have and exercise all the powers and authorities which by this Constitution the Governor is vested with when personally present; and whenever the President shall fill the chair, he shall have no voice in the Senate.

Council There shall be a Council for advising the Governor in the Executive part of government, to consist of five persons, whom the Governor for the time being, shall have full power and authority to convene from time to time, at his discretion, and the Governor, with the Counsellors, or three of them at least, shall and may from time to time hold and keep a Council, for ordering and directing the affairs of the State, according to the laws of the land. Five Counsellors shall be annually chosen from among the people at large, on the first Wednesday of June annually, by joint ballot of the Senators and Representatives in one room assembled. The qualifications

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1782) for Counsellors, shall be the same as those required for Senators. The resolutions and advice of the Council shall be recorded in a register, and signed by the members present, and this record may be called for at any time, by either house of the Legislature, and any member of the Council may enter his opinion contrary to the resolution of the majority. 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 until the same shall be completed. And the order of the elections shall be as follows; the vacancies in the Senate, if any, shall be first filled up; the Governor shall then be elected, provided there should be no choice of him by the people: And afterwards the two houses shall proceed to the election of the Council.

Secretary, Treasurer, Commissary-General, &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, who may appoint his deputies, for whose conduct he shall be answerable, and he shall attend the Governor and Council, the Senate and Representatives, in person, or by deputy, as they may require.

County-Treasurer, &c. The County-Treasurers, and Registers of deeds, shall be elected by the inhabitants of the several towns, in the several Counties in the State, according to the method now practised, and the present laws of the State: And before they enter upon the business

of their offices, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give bond with sufficient sureties, in a reasonable sum for the use of the County, for the punctual performance of their respective trusts.

Judiciary Power The tenure, that all commission officers shall have by law in their offices, shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned and sworn, shall hold their offices during good behaviour, excepting those concerning whom there is a different provision made in this Constitution: Provided nevertheless, the Governor, with consent of Council, may remove them upon the address of both houses of the Legislature. Each branch of the Legislature, as well as the Governor and Council, shall have authority to require the opinions of the justices of the Superior Court upon important questions of law, and upon solemn occasions. In order that the people may not suffer from the long continuance in place of any justice of the peace, who shall fail in discharging the important duties of his office with ability and fidelity, all commissions of justices of the peace shall expire and become void, in the term of five years from their respective dates; and upon the expiration of any commission, the same may if necessary, be renewed, or another person appointed, as shall most conduce to the well-being of the State. The judges of probate of wills, and for grant-ing letters of administration, shall hold their courts at such place or places, on such fixed days, as the convenience of the people may require. 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

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N EW H AMPSHIRE places which the respective judges shall direct. All causes of marriage, divorce and alimony, and all appeals from the respective judges of probate, shall be heard and tried by the Superior Court, until the Legislature shall, by law make other provision.

Clerks of Courts The Clerks of the Superior Court of Judicature, Inferior Courts of Common Pleas, and General Sessions of the Peace, shall be appointed by the respective courts during pleasure. And to prevent any fraud or unfairness in the entries and records of said Courts, no such Clerk shall be of counsel in any cause in the Court of which he is Clerk, nor shall he fill any writ in any civil action whatsoever.

Delegates to Congress The Delegates of this State to the Congress of the United States, shall some time between the first Wednesday of June, and the first Wednesday of September annually, be elected by the Senate and House of Representatives in their separate branches; to serve in Congress for one year, to commence on the first Monday in November then next ensuing. They shall have commissions under the hand of the Governor, and the great seal of the State; but may be recalled at any time within the year, and others chosen and commissioned, in the same manner, in their stead: And they shall have the same qualifications, in all respects, as by this Constitution are required for the Governor. No person shall be capable of being a delegate to Congress, for more than three years in any term of six years; nor shall any person being a delegate, be capable of holding any office under the United States, for which he, or any other for his benefit, receives any salary, or emolument of any kind.

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Encouragement of Literature, &c. Knowledge, and Learning, generally diffused through a community, being essential to the preservation of a free government, and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the Legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards and immunities for the promoti-on 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 œconomy, honesty and punctuality, sincerity, sobriety and all social affections, and generous sentiments, among the people.

Oath and Subscriptions; Exclusion from Offices; Commissions; Writs; Confirmation of Laws; Habeas Corpus; the Enacting Stile; Continuance of Officers; Provision for a future Revision of the Constitution, &c. Any person chosen Governor, Counsellor, Senator or Representatives, military and civil officers (Town officers excepted,) accepting the trust, shall before he or they proceed to execute the duties of his or their office, make and subscribe the following declaration, viz. I, A. B. do truly and sincerely acknowledge, profess, testify and declare, that the State of New-Hampshire is, and of right ought to be, a free, sovereign and independent State; and do swear that I will bear faith and true allegiance to the same, and that I will endeavour to defend it against

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1782) all treacherous conspiracies and hostile attempts whatever: And I do further testify and declare, that no man or body of men, hath or can have, a right to absolve me from the obligation of this oath, declaration or affirmation; and that I do make this acknowledgement, profession, testimony, and declaration, honestly and truly, according to the common acceptation of the foregoing words, without any equivocation, mental evasion, or secret reservation whatever. So help me God. I, A. B. do solemnly and sincerely swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as ––––––– according to the best of my abilities, agreeably to the rules and regulations of this Constitution, and the laws of the State of New-Hampshire. So help me God. Provided always, When any person chosen or appointed as aforesaid, shall 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 “swear ” 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 the presence of the two Houses of Assembly; and by the Senate and Representatives first elected under this Constitution, before the President and three of the Council of the former Constitution, and forever afterwards, before the Governor and Council for the time being; and by the residue of the officers aforesaid, before such persons, and in such manner as from time to time shall be prescribed by the Legislature. 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, first, or senior Justice of the Court; but when such Justice shall be interested, 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 informations shall conclude against the peace and dignity of the State. The estate of such persons as may destroy their own lives, shall not for that offence be forfeited, but descend or ascend in the same manner, as if such persons had died in a natural way. Nor shall any article, which shall accidentally occasion the death of any person, be henceforth deemed a deodand, or in any wise forfeited on account of such misfortune. All the laws which have heretofore been adopted, used and approved, in the Province, Colony, or State of NewHampshire, and usually practised on in the Courts of law, shall still remain and be in full force, until altered and repealed by the Legislature; such parts thereof only excepted, as are repugnant to the rights and liberties contained in this Constitution. – Provided that nothing herein contained, when compared with the twenty third article in the bill of rights, shall be construed to effect the laws already made respecting the persons, or estates of absentees. The privilege and benefit of the Habeas Corpus, shall be enjoyed in this State, in the most free, easy, cheap, expeditious, and ample manner, and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a time not exceeding three months. The enacting stile in making and passing acts, statutes and laws, shall be – Be it

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N EW H AMPSHIRE enacted by the Senate and House of Representatives in General Court convened. No Governor, or Judge of the Superior Court, shall hold any office or place, under the authority of this State, except such as by this Constitution they are admitted to hold, saving that the Judges of the said Court may hold the offices of Justice throughout the State; nor shall they hold any place or office, or receive any pension or salary, from any other State, Government or Power whatever. No person shall be capable of exercising at the same time, more than one of the following offices within this State, viz. Judge of Probate, Sheriff, Register of deeds; and never more than two offices of profit which may be held by appointment of the Governor, or Governor and Council, or Senate and House of Representatives, or Superior or Inferior Courts; military offices and offices of Justices of the Peace excepted. No person holding the office of Judge of the Superior Court, Secretary, Treasurer of the State, Judge of Probate, AttorneyGeneral, Commissary-General, Judge of the Maritime Court, or Judge of the Court of Admiralty, military Officers receiving pay from the Continent or this State, excepting officers of the militia occasionally called forth on an emergency, Judge of the Inferior Court of Common Pleas, Register of deeds, President, Professor or Instructor of any College, Sheriff, or officer of the customs, including Naval Officers, shall at the same time have a seat in the Senate or House of Representatives, or Council; but their being chosen or appointed to, and accepting the same, shall operate as a resignation of their seat in the Senate, or House of Representatives or Council, and the place so vacated shall be filled up. No person shall ever be admitted to hold a Seat in the Legislature, or any office of trust or importance under this Government, who in the due course of law, has been con-

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victed of bribery or corruption in obtaining an election or appointment. In all cases where sums of money are mentioned in this Constitution, the value thereof shall be computed in silver at six shillings and eight pence per ounce. To the end that there may be no failure of justice or danger arise to this State from a change of the form of Government, all civil and military officers, holding commissions under the Government and People of New-Hampshire, and other officers of the said Government and People, at the time this Constitution shall take effect, shall hold, exercise and enjoy all the powers and authorities to them granted and committed, until other persons shall be appointed in their stead. All Courts of law in the business of their respective departments, and the Executive and Legislative Bodies and Persons, shall continue in full force, enjoyment and exercise of all their trusts and employments, until the General Court and the Supreme and other Executive officers under this Constitution, are designated and invested with their respective trusts, powers and authority. This form of Government shall be enrolled on parchment, and deposited in the Secretary’s office, and be a part of the laws of the land, and printed copies thereof shall be prefixed to the books containing the laws of this State, in all future editions thereof. To preserve an effectual adherence to the principles of the Constitution, and to correct any violations thereof, as well as to make such alterations therein, as from experience may be found necessary, the General Court shall at the expiration of seven years from the time this Constitution shall take effect, issue precepts, or direct them to be issued from the Secretary’s office, to the several Towns and incorporated Places, to elect delegates to meet in Convention for the purpose aforesaid: The said delegates to be chosen in the same manner and propor-

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1782) tion’d as the Representatives to the General Assembly. Provided that no alteration shall be made in this Constitution before the same shall be laid before the Towns and unincorporated Places, and approved by two thirds of the qualified voters present, and voting upon the question. G EORGE ATKINSON, President. Attest, J OHN S ULLIVAN, Secretary P. T.

1

Verified by An Address of the Convention For Framing a New Constitution or Form of Government For the State of New-Hampshire, To the Inhabitants of Said State, Exeter, New-Hampshire: [s.n.,] Printed in the Year M,DCC,LXXXII [1782], 17–63, and checked against the version as published in New Hampshire Provincial and State Papers, IX: Town Papers. Documents and Records Relating to Towns in New Hampshire; With an Appendix Embracing the Constitutional Conventions of 1778–1779; and of 1781–1783; and the State Constitution of 1784. Published by Authority of the Legislature of New Hampshire, ed. by Nathaniel

Bouton, Concord, NH: Charles C. Pearson, 1875, 883– 895. The original manuscript is not known to have survived. Spelling, capitalization, and punctuation follow the 1782 print. Obvious typographical errors have been tacitly corrected. Italics appear as in the 1782 print. The constitution was the third attempt to replace the temporary Constitution of 1776 (q.v.). After having rejected the proposed Constitution of 1779 (q.v.), the people also rejected the draft of 1781 (q.v.), drawn up by a new convention. As a result the convention reconvened in August 1782 to draft a modified version, which failed again (cf. New Hampshire State Papers, IX, 895). Only the convention’s third version of 1783 was finally adopted and became the Constitution of 1784 (q.v.). 2 Order of title adopted to editorial standards and to the order of title of Part I. In 1782 print, 30, and in New Hampshire State Papers, IX, 883, “A Constitution or Form of Government for the State of New-Hampshire. Part II”. Due to the fact that Part I had been adopted verbatim, with a few exceptions, from the 1781 draft the New Hampshire State Papers refrained from printing it again (cf. in New Hampshire State Papers, IX, 882). Deviations in substance only occurred in art. XVI, XVII, and XXXVI. Minor differences in spelling, punctuation and wording crept into a restricted number of further articles. 3 In New Hampshire State Papers, IX, 885, word missing. 4 Ibid., 889, “such as persons”.

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Constitution of New Hampshire (1784) Constitution, Containing a Bill of Rights, and Form of Government1 Agreed upon by the Delegates of the People of the State of New-Hampshire, in Convention, Held at Concord, on the first Tuesday of June, 1783; submitted to, and approved of by the People of said State; and established by their Delegates in Convention, October 31, 1783.2

PART I The Bill of Rights A RT. I. All Men are born equally free and independent; therefore, all government of right originates from the people, is founded in consent, and instituted for the general good. A RT. II. 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 obtaining happiness. A RT. III. When men enter into a state of society, they surrender up some of their natural rights to that society in order to ensure the protection of others; and, without such an equivalent, the surrender is void. A RT. IV. Among the natural rights, some are in their very nature unalienable, because no equivalent can be given or received for them. Of this kind are the Rights of Conscience.

A RT. V. Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience, and reason; and no subject shall be hurt, molested, or restrained in his person, liberty or estate for worshipping God, in the manner and season most agreeable to the dictates of his own conscience, or for his religious profession, sentiments or persuasion; provided he doth not disturb the public peace, or disturb others in their religious worship. A RT. VI. As morality and piety, rightly grounded on evangelical principles, will give the best and greatest security to government, and will lay in the hearts of men the strongest obligations to due 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 instruction in morality and religion; therefore, to promote those important purposes, the people of this State have a right to impower, and do hereby fully impower the Legislature to authorize from time to time, the several towns,

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N EW H AMPSHIRE parishes, bodies-corporate, or religious societies within this State, to make adequate provision at their own expence, for the support and maintenance of public protestant teachers of piety, religion and morality: Provided, notwithstanding, 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 person3 of any one particular religious sect or denomination, shall ever be compelled to pay towards the support of the teacher or teachers of another persuasion, sect or denomination. And every denomination of christians demeaning themselves quietly, and as good subjects of the State, shall be equally under the protection of the law: And no subordination of any one sect or denomination to another, shall ever be established by law. And nothing herein shall be understood to affect any former contracts made for the support of the ministry; but all such contracts shall remain, and be in the same state as if this Constitution had not been made. A RT. VII. The people of this State, have the sole and exclusive right of governing themselves as a free, sovereign, and independent State, and do, and forever hereafter shall, exercise and enjoy 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. A RT. VIII. All power residing originally in, and being derived from the people, all the magistrates and officers of government, are their substitutes and agents, and at all times accountable to them. A RT. IX. No office or place whatsoever in government, shall be hereditary – the abil-

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ities and integrity requisite in all, not being transmissible to posterity or relations. A RT. X. Government being instituted for the common benefit, protection, and security of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought, to reform the old, or establish a new government. The doctrine of non-resistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind. A RT. XI. All elections ought to be free, and every inhabitant of the State having the proper qualifications, has equal right to elect, and be elected into office. A RT. XII. 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 in the expence of such protection, and to yield his personal service when necessary, or an equivalent. But no part of a man’s property shall be taken from him, or 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. A RT. XIII. No person who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto, provided he will pay an equivalent. A RT. XIV. Every subject of this State is entitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, property or character,

C ONSTITUTION OF N EW H AMPSHIRE (1784) to obtain right and justice freely, without being obliged to purchase it; completely, and without any denial; promptly, and without delay, conformably to the laws. A RT. XV. No subject shall be held to answer for any crime, or offence, until the same is fully and plainly, substantially and formally described to him; or be compelled to accuse or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defence by himself, and counsel. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land. A RT. XVI. No subject shall be liable to be tried, after an acquittal, for the same crime or offence.– Nor shall the Legislature make any law that shall subject any person to a capital punishment, excepting for the government of the army and navy, and the militia in actual service, without trial by jury. A RT. XVII. In criminal prosecutions, the trial of facts in the vicinity where they happen, is so essential to the security of the life, liberty and estate of the citizen, that no crime or offence ought to be tried in any other county than that in which it is committed; except in cases of general insurrection in any particular county, when it shall appear to the Judges of the Superior Court, that an impartial trial cannot be had in the county where the offence may be committed, and upon their report, the assembly shall think proper to direct the trial in the nearest county in which an impartial trial can be obtained.

A RT. XVIII. All penalties ought to be proportioned to the nature of the offence. No wise Legislature will affix the same punishment to the crimes of theft, forgery and the like, which they do to those of murder and treason; where the same undistinguishing severity is exerted against all offences; the 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 those of the lightest dye: 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. A RT. XIX. Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath, or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or4 seizure; and no warrant ought to be issued but in cases, and with the formalities prescribed by the laws. A RT. XX. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has been heretofore otherwise used and practised, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless in causes arising on the high seas, and such as relate to mariners wages, the Legislature shall think it necessary hereafter to alter it. A RT. XXI. In order to reap the fullest advantage of the inestimable priviledge of the trial by Jury, great care ought to be taken that none but qualified persons should be

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N EW H AMPSHIRE appointed to serve; and such ought to be fully compensated for their travel, time and attendance. A RT. XXII. The Liberty of the Press is essential to the security of freedom in a State, it ought therefore to be inviolably preserved. A RT. XXIII. Retrospective laws are highly injurious, oppressive and unjust. No such laws therefore should be made, either for the decision of civil causes, or the punishment of offences. A RT. XXIV. A well regulated militia is the proper, natural, and sure defence of a State. A RT. XXV. Standing armies are dangerous to liberty, and ought not to be raised or kept up without the consent of the Legislature. A RT. XXVI. In all cases, and at all times, the military ought to be under strict subordination to, and governed by the civil power. A RT. XXVII. No soldier in time of peace shall be quartered in any house without the consent of the owner; and in time of war such quarters ought not to be made but by the civil magistrate, in a manner ordained by the Legislature. A RT. XXVIII. 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. A RT. XXIX. The power of suspending the laws, or the execution of them, ought never to be exercised but by the Legislature, or by authority derived therefrom, to be exercised in such particular cases only as the Legislature shall expressly provide for.

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A RT. XXX. The freedom of deliberation, speech, and debate, in either House of the Legislature, is so essential to the rights of the people, that it cannot be the foundation of any action, complaint, or prosecution, in any other Court or place whatsoever. A RT. XXXI. The Legislature ought frequently to assemble for the redress of grievances, for correcting, strengthening and confirming the laws, and for making new ones, as the common good may require. A RT. XXXII. The people have a right in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their Representatives; and to request of the Legislative-body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer. A RT. XXXIII. No magistrate or court of law shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments. A RT. XXXIV. No person can in any case be subjected to law-martial, or to any pains, or penalties, by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the Legislature. A RT. XXXV. It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of 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 (or Superior) Judicial Court should hold their offices so long as they behave well; and that they should have honorable salaries, ascertained and established by standing laws.

C ONSTITUTION OF N EW H AMPSHIRE (1784) A RT. XXXVI. Œconomy 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. A RT. XXXVII. In the government of this State, the three essential powers thereof, to wit, the Legislative, Executive and Judicial, ought to be kept as seperate from and independent of each other, as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the constitution in one indissoluble bond of union and amity. A RT. XXXVIII. A frequent recurrence to the fundamental principles of the Constitution, 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 Officers and Representatives: And they have a right to require of their law-givers and magistrates, an exact and constant observance of them in the formation and execution of the laws necessary for the good administration of government.5

PART II The Form of Government The People inhabiting the Territory formerly called the Province of NewHampshire, 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 New-Hampshire.

The General Court The Supreme Legislative power within this State shall be vested in the Senate and House of Representatives, each of which shall have a negative on the other. The Senate and House shall assemble every year on the first Wednesday of June, and at such other times as they may judge necessary; and shall dissolve, and be dissolved, seven days next preceding the said first Wednesday of June; and shall be stiled The General Court of New-Hampshire. The General Court shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be holden in the name of the State, for the hearing, trying, and determining all manner of crimes, offences, pleas, processes, plaints, actions, causes, matters and things whatsoever, arising, or happening within this State, or between or concerning persons inhabiting, or residing, or brought within the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal, or mixed; and for the awarding and issuing execution thereon. To which courts and judicatories are hereby 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 controversy, or depending before them. And farther, full power and authority are hereby given and granted to the said General-Court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions and instructions, either with penalties or without; so as the same be not repugnant, or contrary to this Constitution, as they may judge for the benefit and welfare of this State, and for the governing and ordering thereof, and of the subjects of the same, for the necessary sup-

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N EW H AMPSHIRE port and defence of the government thereof; and to name and settle annually, or provide by fixed laws, for the naming and settling all civil officers within this State; such officers excepted, the election and appointment of whom, are hereafter in this Form of Government otherwise provided for; and to set forth the several duties, powers and limits, of the several civil and military officers of this State, and the forms of such oaths or affirmations, as shall be respectively administred unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this Constitution; and also to impose fines, mulcts, imprisonments, and other punishments; and to impose and levy proportional and reasonable assessments, rates and taxes, upon all the inhabitants of, and residents within the said State; and upon all estates within the same; to be issued and disposed of by warrant under the hand of the President of this State for the time being, with the advice and consent of the Council, for the public service, in the necessary defence and support of the Government of this State, and the protection and preservation of the subjects thereof, according to such acts as are, or shall be in force within the same. And while the public charges of government or any part thereof, shall be assessed on polls and estates in the manner that has heretofore been practised; in order that such assessments may be made with equality, there shall be a valuation of the estates within the State taken anew once in every five years at least, and as much oftener as the General Court shall order.

Senate There shall be annually elected by the freeholders and other inhabitants of this State, qualified as in this Constitution is provided, twelve persons to be Senators for

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the year ensuing their election; to be chosen in and by the inhabitants of the districts, into which this State may from time to time be divided by the General Court; for that purpose: And the General-Court in assigning the number to be elected by the respective districts, 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, and the number of Senators to be elected therein; provided the number of such districts shall never be more than ten, nor less than five. And the several counties in this State, shall, until the General Court shall order otherwise, be districts for the election of Senators, and shall elect the following number, viz. Rockingham, five. Strafford, two. Hillsborough, two. Cheshire, two. Grafton, one. The Senate shall be the first branch of the Legislature: And the Senators shall be chosen in the following manner, viz. Every male inhabitant of each town and parish with town privileges in the several counties in this State, of twenty-one years of age and upwards, paying for himself a poll tax, shall have a right at the annual or other meetings of the inhabitants of said towns and parishes, to be duly warned and holden annually forever in the month of March; to vote in the town or parish wherein he dwells, for the Senators in the county or district whereof he is a member. And every person qualified as the Constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within

C ONSTITUTION OF N EW H AMPSHIRE (1784) this State, in that town, parish and plantation where he dwelleth and hath his home. The Selectmen of the several towns and parishes aforesaid, shall, during the choice of Senators, preside at such meetings impartially, and shall receive the votes of all the inhabitants of such towns and parishes present and qualified to vote for Senators, and shall sort and count the same in the meeting, and in presence of the Town-Clerk, who shall make a fair record in presence of the Selectmen, and in open meeting, of the name of every person voted for, and the number of votes against his name; and a fair copy of this record shall be attested by the Selectmen and Town-Clerk, and shall be sealed up and directed to the Secretary of the State, with a superscription expressing the purport thereof, and delivered by said Clerk to the Sheriff of the county in which such town or parish lies, thirty days at least, before the first Wednesday of June; and the Sheriff of each county, or his deputy, shall deliver all such certificates by him received, into the Secretary’s office, seventeen days at least, before the first Wednesday of June. And the inhabitants of plantations and places unincorporated, qualified as this Constitution provides, who are or shall be required to assess taxes upon themselves towards the support of government, or shall be taxed therefor, shall have the same privilege of voting for Senators in the plantations and places wherein they reside, as the inhabitants of the respective towns and parishes aforesaid have. And the meetings of such plantations and places for that purpose, shall be holden annually in the month of March, at such places respectively therein, as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the Selectmen and Town-Clerks have in their several towns by this Constitution. And, that there may be a due meeting of

Senators on the first Wednesday of June, annually, the President and three of the Council for the time being, shall as soon as may6 , examine the returned copies of such records; and fourteen days before the said first Wednesday of June, he shall issue his summons to such persons as appear to be chosen Senators by a majority of votes, to attend and take their seats on that day: Provided, nevertheless, that for the first year the said returned copies shall be examined by the President and five of the Council of the former Constitution of Government; and the said President shall in like manner notify the persons elected, to attend and take their seats accordingly. The Senate shall be final judges of the elections, returns, and qualifications of their own members, as pointed out in this Constitution, and shall on the said first Wednesday of June annually, determine and declare, who are elected by each district to be Senators by a majority of votes: And in case there shall not appear to be the full number returned elected by a majority of votes for any district, the deficiency shall be supplied in the following manner, viz. The members of the House of Representatives and such Senators as shall be declared elected, shall take the names of such persons as shall be found to have the highest number of votes in each district, and not elected, amounting to twice the number of Senators wanting, if there be so many voted for; and out of these shall elect by joint ballot the number of Senators 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 death, removal out of the State, or otherwise, shall be supplied as soon as may be after such vacancies happen. Provided nevertheless, That no person shall be capable of being elected a7 Senator, who is not of the Protestant Religion, and seized of a freehold estate in his own right

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N EW H AMPSHIRE of the value of two hundred pounds, lying within this State, who is not of the age of thirty years, and who shall not have been an inhabitant of this State for seven years immediately preceding his election; and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. The Senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time. The Senate shall appoint their own officers, and determine their own rules of proceedings. And not less than seven members of the Senate shall make a quorum for doing business; and when less than eight Senators shall be present, the assent of five at least shall be necessary to render their acts and proceedings valid. The Senate shall be a Court with full power and authority to hear and determine all impeachments made by the House of Representatives, against any officer or officers of the State, for misconduct or maladministration in their offices. But previous to the trial of any such impeachment, the members of the Senate shall respectively be sworn, truly and impartially to try and determine the charge in question according to evidence. Their judgment, however, shall not extend farther than removal from office, disqualification to hold or enjoy any place of honor, trust or profit under this State; but the party so convicted, shall nevertheless be liable to indictment, trial, judgment, and punishment, according to laws of the land.

House of Representatives There shall be in the Legislature of this State a representation of 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 intitled to town privileges, having one hundred and fifty rateable male polls, of twenty-one

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years of age, and upwards, may elect one Representative; if four hundred and fifty rateable polls, may elect two Representatives; and so proceeding in that proportion, making three hundred such rateable polls the mean increasing number, for every additional Representative. Such towns, parishes or places as have less than one hundred and fifty rateable polls shall be classed by the GeneralAssembly for the purpose of chusing a Representative, and seasonably notified thereof. And in every class formed for the abovementioned purpose, the first annual meeting shall be held in the town, parish, or place wherein most of the rateable polls reside; and afterwards in that which has the next highest number, and so on annually by rotation, through the several towns, parishes or places, forming the district. Whenever any town, parish, or place intitled to town privileges as aforesaid, shall not have one hundred and fifty rateable polls, and be so situated as to render the classing thereof with any other town, parish, or place very inconvenient, the GeneralAssembly may upon application of a majority of the voters in such town, parish, or place, issue a writ for their electing and sending a Representative to the GeneralCourt. The members of the House of Representatives shall be chosen annually in the month of March, and shall be the second branch of the Legislature. All persons qualified to vote in the election of Senators shall be intitled to vote within the town, district, parish, or place where they dwell, in the choice of Representatives. Every member of the House of Representatives shall be chosen by ballot; and for two years at least next preceding his election, shall have been an inhabitant of this State, shall have an estate within the town, parish, or place which he may be chosen to represent, of the value of one hundred

C ONSTITUTION OF N EW H AMPSHIRE (1784) pounds, one half of which to be a freehold, whereof he is seized in his own right; shall be at the time of his election, an inhabitant of the town, parish, or place he may be chosen to represent; shall be of the Protestant Religion, and shall cease to represent such town, parish, or place immediately on his ceasing to be qualified as aforesaid. The travel of each Representative to the General-Assembly, and returning home, once in every session, and no more, shall be at the expence of the State, and the wages for his attendance, at the expence of the town, parish, or places he represents; such members attending seasonably, and not departing without licence. All intermediate vacancies in the House of Representatives, may be filled up from time to time, in the same manner as annual elections are made. The House of Representatives shall be the grand inquest of the state, and all impeachments made by them, shall be heard and tried by the Senate. All money bills shall originate in the House of Representatives, but the Senate may propose or concur with amendments as on other bills. The House of Representatives shall have power to adjourn themselves, but no longer than two days at a time. A majority of the members of the House of Representatives shall be a quorum for doing business: but when less than two thirds of the Representatives elected shall be present, the assent of two thirds of those members shall be necessary to render their acts and proceedings valid. No member of the House of Representatives or Senate, shall be arrested, or held to bail on mesne8 process, during his going to, returning 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. They shall have author-

ity9 to punish by imprisonment, every person who shall be guilty of disrespect to the house in its presence, by any disorderly and contemptuous behavior, or by threatening, or ill treating any of its members; or by obstructing its deliberations; every person guilty of a breach of its privileges in making arrests for debt, or by assaulting any member during his attendance at any session; in assaulting or disturbing any one of its officers in the execution of any order or procedure of the house, in assaulting any witness, or other person, ordered to attend by and during his attendance of the house, or in rescuing any person arrested by order of the house, knowing them to be such. The Senate, President and Council, shall have the same powers in like cases; provided that no imprisonment by either, for any offence, exceed ten days. The journals of the proceedings of both houses of the General-Court, shall be printed and published, immediately after every adjournment, or prorogation; and upon motion made by any one member, the yeas and nays upon any question, shall be taken and entered in the journals.

Executive Power President There shall be a Supreme Executive Magistrate, who shall be stiled, The President of the State of New-Hampshire; and whose Title shall be His Excellency. The President shall be chosen annually; and no person shall be eligible to this office, unless at the time of his election, he shall have been an inhabitant of this State for seven years next preceding, and unless he shall be of the age of thirty years; and unless he shall, at the same time, have an estate of the value of five hundred pounds, one half of which shall consist of a freehold, in his own right, within the State; and unless he shall be of the protestant religion.

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N EW H AMPSHIRE Those persons qualified to vote for Senators and Representatives, shall within the several towns, parishes or places, where they dwell, at a meeting to be called for that purpose, some day in the month of March annually, give in their votes for a President to the Selectmen, who shall preside at such meeting, and the Clerk in the presence and with the assistance of the Selectmen, shall in open meeting sort and count the votes, and form a list of the persons voted for, with the number of votes for each person against his name, and shall make a fair record of the same in the town books, and a public declaration thereof in the said meeting; and shall in the presence of said inhabitants, seal up a copy of said list attested by him and the Selectmen, and transmit the same to the Sheriff of the county, thirty days at least before the first Wednesday of June, or shall cause returns of the same to be made to the office of the Secretary of the State, seventeen days at least, before said day, who shall lay the same before the Senate and House of Representatives on the first Wednesday of June, to be by them examined: And in case of an election by a majority of votes through the State, the choice shall be by them declared, and published; but if no person shall have a majority of votes, the House of Representatives shall by ballot elect two out of four10 persons who had the highest number of votes, if so many shall have been voted for; but if otherwise, out of the number voted for; and make return to the Senate of the two persons so elected, on which the Senate shall proceed by ballot to elect one of them who shall be declared President. The President of the state shall preside in the Senate, shall have a vote equal with any other member; and shall also have a casting vote in case of a tie. The President with advice of Council, shall have full power and authority in the recess of the General-Court, to prorogue

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the same from 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 call it together sooner than the time to which it may be adjourned, or prorogued, if the welfare of the State should require the same. In cases of disagreement between the two Houses, with regard to the time of adjournment, or prorogation, the President, with advice of Council, shall have a right to adjourn or prorogue the General-Court, not exceeding ninety days, at any one time, as he may determine the public good may require. And he shall dissolve the same seven days before the said first Wednesday of June. And in case of any infectious distemper prevailing in the place where the said Court at any time is to convene, or any other cause whereby dangers may arise to the healths or lives, of the members from their attendance, the President may direct the session to be holden at some other the most convenient place within the State. The President of this State for the time being, shall be commander in chief of the army and navy, and all the military forces of the State, by sea and land; and shall have full power by himself, or by any chief 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 this State, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, expulse, repel, resist and pursue by force of arms, as well by sea as by land, within and without the limits of this State; and also to kill, slay, destroy, if necessary, and conquer by all fitting ways, enterprize and means, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprize the destruction, invasion, detriment,

C ONSTITUTION OF N EW H AMPSHIRE (1784) or annoyance of this State; and to use and exercise over the army and navy, and over the militia in actual service, the law-martial in time of war, invasion, and also in rebellion, declared by the Legislature to exist, as occasion shall necessarily require: And surprize by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade, or attempt the invading, conquering, or annoying this State: And in fine, the President hereby is entrusted with all other powers incident to the office of Captain-General and Commander in Chief, and Admiral, to be exercised agreeably to the rules and regulations of the Constitution, and the laws of the land: provided that the President shall not at any time hereafter, by virtue of any power by this Constitution granted, or hereafter to be granted to him by the Legislature, transport any of the inhabitants of this State, or oblige them to march out of the limits of the same, 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 as persons may be convicted of before the Senate by impeachment of the house, shall be in the President by and with the advice of the Council: But no charter of pardon granted by the President with advice of Council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. All Judicial officers, the AttorneyGeneral, Solicitor-General, all Sheriffs, Coroners, Registers of Probate, and all officers of the navy, and General and fieldofficers of the militia, shall be nominated and appointed by the President and Council; and every such nomination shall be

made at least seven days prior to such appointment, and no appointment shall take place, unless three of the Council agree thereto. The captains and subalterns in the respective regiments shall be nominated and recommended by the field officers to the President, who is to issue their commissions immediately on receipt of such recommendation. No officer, duly commissioned to command in the militia, shall be removed from his office, but by the address of both houses to the President, or by fair trial in court martial, pursuant to the laws of the State for the time being. The commanding officers of the regiments shall appoint their adjutants and quarter-masters; the brigadiers their brigade-majors; the major-generals their aids; the captains and subalterns their noncommissioned officers. The President 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 monies shall be issued out of the treasury of this state, and disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurers notes, or for the payment of interest arising thereon) but by warrant under the hand of the President for the time being, by and with the advice and consent of the Council, for the necessary support and defence of this State, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General-Court. All public boards, the commissary-

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N EW H AMPSHIRE general, all superintending officers of public magazines and stores, belonging to this State, and all commanding officers of forts and garrisons within the same, shall once in every three months, officially, and without requisition, and at other times, when required by the President, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages, and small arms with their accoutrements, and of all other public property 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 President, when required by him, true and exact plans of such forts, and of the land and sea or harbor or harbors adjacent. The President and Council shall be compensated for their services from time to time by such grants as the General-Court shall think reasonable. Permanent and honorable salaries shall be established by law for the Justices of the Superior Court. Whenever the chair of the President shall be vacant, by reason of his death, absence from the State, or otherwise, the senior Senator for the time being shall, during such vacancy, have and exercise all the powers and authorities which by this Constitution the President is vested with when personally present.

President with the Counsellors, or three of them at least, shall and may from time to time hold and keep a Council, for ordering and directing the affairs of the State, according to the laws of the land. The qualifications for Counsellors, shall be the same as those required for Senators. The members of the Council shall not intermeddle with the making or trying impeachments, but shall themselves be impeachable by the House and triable by the Senate for mal-conduct. The resolutions and advice of the Council shall be recorded in a register, and signed by the members present, and this record may be called for at any time, by either house of the Legislature, and any member of the Council may enter his opinion contrary to the resolution of the majority. 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 until the same shall be completed. And order of the elections shall be as follows; the vacancies in the Senate, if any, shall be first filled up; the President shall then be elected, provided there should be no choice of him by the people: And afterwards the two houses, shall proceed to the election of the Council.

Council

Secretary, Treasurer, Commissary-General, &c.

Annually on the first meeting of the General-Court, two members of the Senate and three from the House of Representatives, shall be chosen by joint ballot of both Houses as a Council, for advising the President in the Executive part of government, whom the President for the time being, shall have full power and authority to convene from time to time, at his discretion, and the

The Secretary, Treasurer, and Commissary-General, shall be chosen by joint ballot of the Senators and Representatives assembled in one room. The records of the State shall be kept in the office of the Secretary, who may appoint his deputies, for whose conduct he shall be answerable, and he shall attend the President and Council, the Senate and Rep-

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C ONSTITUTION OF N EW H AMPSHIRE (1784) resentatives, in person, or by deputy, as they may require.

The County-Treasurers, and Registers of deeds shall be elected by the inhabitants of the several towns, in the several counties in the State, according to the method now practised, and the present laws of the State: And before they enter upon the business of their offices, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give bond with sufficient sureties, in a reasonable sum for the use of the county, for the punctual performance of their respective trusts.

shall most conduce to the well-being of the State. The judges of probate of wills, and for granting letters of administration, shall hold their courts at such place or places, on such fixed days, as the convenience of the people may require. 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. All causes of marriage, divorce and alimony, and all appeals from the respective judges of probate, shall be heard and tried by the Superior-Court, until the Legislature shall, by law make other provision.

Judiciary Power

Clerks of Courts

The tenure, that all commission officers shall have by law in their offices, shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned and sworn, shall hold their offices during good behaviour, excepting those concerning whom there is a different provision made in this Constitution: Provided nevertheless, the President with consent of Council, may remove them upon the address of both houses of the Legislature. Each branch of the Legislature, as well as the President and Council, shall have authority to require the opinions of the justices of the Superior Court upon important questions of law, and upon solemn occasions. In order that the people may not suffer from the long continuance in place of any justice of the peace, who shall fail in discharging the important duties of his office with ability and fidelity, all 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

The Clerks of the Superior Court of Judicature, Inferior Courts of Common Pleas, and General Sessions of the Peace, shall be appointed by the respective courts during pleasure. And to prevent any fraud or unfairness in the entries and records of said Courts, no such Clerk shall be of counsel in any cause in the Court of which he is Clerk, nor shall he fill any writ in any civil action whatsoever.

County-Treasurer, &c.

Delegates to Congress The Delegates of this State to the Congress of the United States, shall some time between the first Wednesday of June, and the first Wednesday of September annually, be elected by the Senate and House of Representatives in their seperate branches; to serve in Congress for one year, to commence on the first Monday in November then next ensuing. They shall have commissions under the hand of the President, and the great seal of the State; but may be recalled at any time within the year, and others chosen and commissioned, in the same

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N EW H AMPSHIRE manner, in their stead: And they shall have the same qualifications, in all respects, as by this Constitution are required for the President. No person shall be capable of being a delegate to Congress, for more than three years in any term of six years; nor shall any person being a delegate, be capable of holding any office under the United States, for which he, or any other for his benefit, receives any salary, or emolument of any kind.

Encouragement of Literature, &c. Knowledge, and Learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the Legislators and magistrates, in all future periods of this government to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and œconomy, honesty and punctuality, sincerity, sobriety, and all social affections, and generous sentiments, among the people.

Oath and Subscriptions; Exclusion from Offices; Commissions; Writs; Confirmation of Laws; Habeas Corpus; the Enacting Stile; Continuance of Officers; Provision for a Future Revision of the Constitution, &c.11 Any person chosen President, Counsellor, Senator, or Representative, military or

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civil officer, (town officers excepted,) accepting the trust, shall before he proceeds to execute the duties of his office, make and subscribe the following declaration, viz. I, A. B. do truly and sincerely acknowledge, profess, testify and declare, that the State of New-Hampshire is, and of right ought to be, a Free, Sovereign and Independent State; and do swear that I will bear faith and true allegiance to the same, and that I will endeavor to defend it against all treacherous conspiracies and hostile attempts whatever: And I do further testify and declare, that no man or body of men, hath or can have, a right to absolve me from the obligation of this oath, declaration or affirmation; and that I do make this acknowledgement, profession, testimony, and declaration, honestly and truly, according to the common acceptation of the foregoing words, without any equivocation, mental evasion, or secret reservation whatever. So help me God. I, A. B. do solemnly and sincerely swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as ––––––– according to the best of my abilities, agreeably to the rules and regulations of this Constitution, and the laws of the State of New-Hampshire. So help me God. Provided always, When any person chosen or appointed as aforesaid, shall 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 “swear,” 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 President before the senior Senator present, in the presence of the two Houses of Assembly; and by the Senate and Representatives first elected under this Constitution, before the President

C ONSTITUTION OF N EW H AMPSHIRE (1784) and three of the Council of the former Constitution, and forever afterwards, before the President and12 Council for the time being; and by the residue of the officers aforesaid, before such persons, and in such manner as from time to time shall be prescribed by the Legislature. All commissions shall be in the name of the State of New-Hampshire, signed by the President, and attested by the Secretary, or his deputy, and shall have the great seal of the State affixed thereto. All writs issuing out of the Clerk’s office in any of the Courts of law, shall be in the name of the State of New-Hampshire; shall be under the seal of the Court whence they issue, and bear test of the chief, first, or senior Justice of the Court; but when such Justice shall be interested, 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 informations shall conclude against the peace and dignity of the State. The estates of such persons as may destroy their own lives, shall not for that offence be forfeited, but descend or ascend in the same manner, as if such persons had died in a13 natural way. Nor shall any article, which shall accidentally occasion the death of any person, be henceforth deemed a deodand, or in any wise forfeited on account of such misfortune. All the laws which have heretofore been adopted, used and approved, in the Province, Colony, or State of NewHampshire, and usually practised on in the courts of law, shall remain and be in full force, until altered and repealed by the Legislature; such parts thereof only excepted, as are repugnant to the rights and liberties contained in this Constitution: Provided that nothing herein contained, when compared with the twenty-third article in the bill of rights, shall be construed to affect the laws

already made respecting the persons, or estates of absentees. The privilege and benefit of the HabeasCorpus, shall be enjoyed in this State, in the most free, easy, cheap, expeditious, and ample manner, and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a time not exceeding three months. The enacting stile in making and passing acts, statutes and laws, shall be – Be it enacted by the Senate and House of Representatives in General-Court convened. No President or Judge of the SuperiorCourt, shall hold any office or place under the authority of this State, except such as by this Constitution they are admitted to hold, saving that the Judges of the said Court may hold the offices of Justice14 of the Peace throughout the State; nor shall they hold any place or office, or receive any pension or salary, from any other State, Government, or Power whatever. No person shall be capable of exercising at the same time, more than one of the following offices within this State, viz. Judge of Probate, Sheriff, Register of Deeds; and never more than two offices of profit, which may be held by appointment of the President, or President and Council, or Senate and House of Representatives, or Superior or Inferior Courts; Military offices, and offices of Justices of the Peace, excepted. No person holding the office of Judge of the Superior-Court, Secretary, Treasurer of the State, Judge of Probate, AttorneyGeneral, Commissary-General, Judge of the Maritime-Court, or Judge of the Court of Admiralty, Military officers receiving pay from the Continent or this State, excepting officers of the militia occasionally called forth on an emergency; Judge of the Inferior-Court of Common-Pleas, Register of Deeds, President, Professor or Instructor of any College, Sheriff, or Officer of the Customs, including Naval-Officers, shall at

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N EW H AMPSHIRE the same time have a seat in the Senate or House of Representatives, or Council; but their being chosen or appointed to, and accepting the same, shall operate as a resignation of their seat in the Senate, or House of Representatives, or Council; and the place so vacated shall be filled up. No person shall ever be admitted to hold a seat in the Legislature, or any office of trust or importance under this15 government, who in the due course of law, has been convicted of bribery or corruption, in obtaining an election or appointment. In all cases where sums of money are mentioned in this Constitution, the value thereof shall be computed in silver at six shillings and eight pence per ounce. To the end that there may be no failure of justice or danger arise to this State from a change of the form of Government, all civil and military officers, holding commissions under the Government and People of NewHampshire, and other officers of the said Government and People, at the time this Constitution shall take effect, shall hold, exercise and enjoy all the powers and authorities to them granted and committed, until other persons shall be appointed in their stead. All Courts of law in the business of their respective departments, and the Executive, and Legislative bodies and persons, shall continue in full force, enjoyment and exercise of all their trusts and employments, until the General-Court, and the Supreme and other Executive officers under this Constitution, are designated, and invested with their respective trusts, powers and authority. This form of Government shall be enrolled on parchment, and deposited in the Secretary’s office, and be a part of the laws of the land, and printed copies thereof shall be prefixed to the books containing the laws of this State, in all future editions thereof. To preserve an effectual adherence to the principles of the Constitution, and to correct

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any violations thereof, as well as to make such alterations therein, as from experience may be found necessary, the General-Court shall at the expiration of seven years from the time this Constitution shall take effect, issue precepts, or direct them to be issued from the Secretary’s office, to the several towns and incorporated places, to elect delegates to meet in Convention for the purposes aforesaid: The said delegates to be chosen in the same manner, and proportioned as the Representatives to the GeneralAssembly; provided that no alteration shall be made in this Constitution before the same shall be laid before the towns and unincorporated places, and approved by two thirds of the qualified voters present and voting upon the question. In Convention, Held at Concord, The 31st day of October, 1783. The Returns from the several towns being examined, and it appearing that the foregoing Bill of Rights and Form of Government were approved of by the People; the same are hereby agreed on and established by the Delegates of the People, and declared to be the Civil Constitution for the State of New-Hampshire, to take place on the first Wednesday of 16 June, 1784; and that in the meantime the General-Court under the present government, make all the necessary arrangements for introducing this Constitution, at that time, and in the manner therein described. NATH ’ L F OLSOM, President, P. T. Attest. J. M. S EWALL, Sec’ry.

1

Verified by A Constitution, Containing a Bill of Rights, and Form of Government, Agreed upon by the

C ONSTITUTION OF N EW H AMPSHIRE (1784) Delegates of the People of the State of New-Hampshire, in Convention, Held at Concord, on the first Tuesday of June 1783; submitted to, and approved of by the People of said State; and established by their Delegates in Convention, October 31, 1783, Portsmouth, NH: [s.n.,] 1783, 47 p., and checked against the versions as published in New Hampshire Provincial and State Papers, IX: Town Papers. Documents and Records Relating to Towns in New Hampshire; With an Appendix Embracing the Constitutional Conventions of 1778– 1779; and of 1781–1783; and the State Constitution of 1784. Published by Authority of the Legislature of New Hampshire, ed. by Nathaniel Bouton, Concord, NH: Charles C. Pearson, 1875, 896–918, in New Hampshire Provincial and State Papers, XX: Early State Papers of New Hampshire, Including the Constitution of 1784, Journals of the Senate and House of Representatives, and Records of the President and Council from June 1784 to June 1787, ed. by Albert Stillman Batchellor, Manchester, NH: John B. Clarke, Public Printer, 1891, 9–30, and in Manual of the Constitution of the State of New Hampshire, Compiled from Official Sources and Edited with Sketch of the Constitutions of the State, the Basis of Representation, and Appendix, by James Fairbanks Colby, Concord, NH: [s.n.,] 1902, 109–139, which more than once deviated from the paragraphing of the original print. The original manuscript is not known to have survived. Spelling, capitalization, and punctuation follow the 1783 print. Obvious typographical errors have been tacitly corrected. Italics within the text are as in the 1783 print. The constitution was the fourth attempt to replace the temporary Constitution of 1776 (q.v.). After having rejected the proposed Constitution of 1779 (q.v.), the people also rejected the draft of 1781 (q.v.), drawn up by a new convention, and a modified version of 1782 (q.v.). The convention’s third version of 1783 was declared to have been adopted by the people on October 31, 1783, and ordered to “take place” on June 2, 1784. The Constitution is still in force today, making it the second oldest effective constitution in the world after that of Massachusetts of

1780 (q.v.). To a large extent, in fact, the latter served as a model for the New Hampshire Constitution. It was substantially amended in 1792 (q.v.), and according to Susan E. Marshall, The New Hampshire State Constitution. A Reference Guide (Reference Guides to the State Constitutions of the United States, ed. by G. Alan Tarr, no. 39), Westport, CT and London: Praeger, 2004, 222–223, a total of 296 amendments had been proposed by 2002, 144 of which were ratified. 2 In Manual of the Constitution, ed. by Colby, 109, “(This constitution “took place” on the first Wednesday of June, 1784.)” added. 3 In New Hampshire State Papers, XX, 10, “portion”. 4 In Manual of the Constitution, ed. by Colby, 114, “and”. 5 Part I, the change in the title notwithstanding, was adopted verbatim from the 1782 draft, with minor changes in art. 17, 21, 23, 32, and 34, most of them not substantial. 6 In Manual of the Constitution, ed. by Colby, 121, “may be”. 7 Ibid., 122, word missing. 8 In 1783 print, 26, in New Hampshire State Papers, IX, 908, and in New Hampshire State Papers, XX, 20, “mean”. 9 In Manual of the Constitution, ed. by Colby, 125, “the authority”. 10 In New Hampshire State Papers, IX, 910, and in Manual of the Constitution, ed. by Colby, 126, “the four”. 11 In New Hampshire State Papers, XX, 27, inserted in italics as text rather than as title. 12 In New Hampshire State Papers, IX, 916, “three of the Council of the former Constitution, and forever afterwards, before the President and” missing. 13 Ibid., “the”. 14 Ibid., 917, and in Manual of the Constitution, ed by Colby, 137, “justices”. 15 In Manual of the Constitution, ed by Colby, 138, “the”. 16 Ibid., 139, “in”.

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Amendments of 1792 [Articles in addition to and Amendment of the Constitution of the State of New-Hampshire]1

ARTICLES In addition to and amendment of the C ONSTITUTION of the S TATE OF N EWH AMPSHIRE, agreed to by the Convention of said State, and submitted to the people thereof for their approbation.

Under the head Bill of Rights: That the following be added to the 6th article.

I. B UT this shall not be construed to free a person from the obligation of his own contract, on his pretence of changing his religious persuasion after making the contract. A ND whenever a minister is settled by any incorporated town or parish, any person dissenting shall have liberty, either at the meeting or previous to the ordination of the minister, or within one month after the vote obtained for his settlement, to enter his dissent with the town or parish clerk, against paying or contributing toward the support of such minister; and all minors who after such settlement shall come of age, and all inhabitants of such town or parish, who are absent from the same at the time of such meeting or settlement, and all persons, who

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after such settlement move into such town or parish to reside, shall have three months from the time of their coming of full age, returning into town, or moving in to reside as aforesaid, respectively, to enter their dissent with the town or parish clerk, as aforesaid. A ND all persons, who do not enter their dissent as aforesaid, shall be bound by the major vote of such town or parish, and it shall be considered as their voluntary contract. B UT all persons who enter their dissent as aforesaid shall not be bound by the vote of such town or parish, or considered as party to such contract, or in any way be compelled to contribute towards the support of the minister; nor shall any person be compelled to contribute towards the support of a minister, who shall change from the sect or denomination of which he professed to be when he settled, to any other persuasion, sect or denomination.2

II. A RT. 17. - T HAT the word “Assembly” be expunged and the word “Legislature” inserted.3

III. A RT. 18. - THAT the words “those of” be expunged and the word “dye” be expunged and the word “offences” inserted.4

A MENDMENTS OF 1792

IV. A RT. 19. to be expunged and the following to be inserted: E VERY subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers and all his possessions; - Therefore all warrants to search suspected places, or arrest a person for examination, or trial, in prosecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order, in a warrant to a civil officer to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a speciel designation of the persons or objects of search, arrest5 or seizure: and no warrant ought to be issued but in case and with the formalities prescribed by law.6 V. A RT. 20. to be expunged and the following substituted in lieu thereof: I N all controversies concerning property, and in all suits between two or more persons, excepting in cases wherein it hath been heretofore otherwise used and practiced, 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 impowered 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 practiced; and to extend the civil jurisdicton of Justices of the Peace to the trial 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 a trial by jury in

any case not in this article before excepted, unless in cases respecting mariners’ wages.7

VI. A RT. 31. to be expunged and the following substituted in lieu thereof: T HE Legislature shall assemble for the redress of public grievances and for making such laws as the public good may require.8

VII. A RT. 35. to be expunged and the following substituted in lieu thereof, viz. I T is essential to the preservation of the rights of every individual, his life, liberty, property & character, that there be an impartial interpretation of the laws and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the Supreme Judicial Court should hold their offices so long as they behave well, subject, however to such limitations, on account of age, as may be provided by the Constitution of the State; and that they should have honorable salaries ascertained and established by standing laws.9

Under the head General Court VIII. T HE Senate and House shall assemble every year, on the last Wednesday of October, and at such other times as they may judge necessary; and shall dissolve and be dissolved seven days next proceeding the last Wednesday of October; and shall be stiled THE G ENERAL C OURT OF N EWH AMPSHIRE.10

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N EW H AMPSHIRE

IX. N O member of the General Court shall take fees, be of Council, or act as advocate, in any cause before either branch of the Legislature; and, upon due proof thereof, such member shall forfeit his seat in the Legislature.11

X. T HE doors of the galleries of each House of the Legislature shall be kept open to all persons, who behave decently, except when the welfare of the State, in the opinion of either branch, shall require secrecy.12

Senate XI. T HAT the several paragraphs under the head of Senate be expunged and the following be substituted in lieu thereof, viz. T HE Senate shall consist of thirteen members, who shall hold their office for one year, from the last Wednesday of October next ensuing their election.13

XII. A ND, that the State may be equally represented in the Senate, the Legislature shall, from time to time, divide the State into thirteen 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.14

XIII. T HE freeholders and other inhabitants of each district, qualified as in this Constitu-

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tion is provided, shall annually give in their votes for a Senator, at some meeting holden in the month of March.15

XIV. T HE Senate shall be the first branch of the Legislature; and the Senators shall be chosen in the following manner, viz. Every male inhabitant of each town and parish, with town privileges, and places unincorporated in this state, of twenty-one years of age and 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 annually forever in the month of March, to vote in the town or parish wherein he dwells for the Senator in the district whereof he is a member.16 XV. PROVIDED nevertheless - T HAT no person shall be capable of being elected a Senator, who is not seized of a freehold estate, in his own right, of the value of two hundred pounds, lying within this state; who is not of the age of thirty years, and who shall not have been an inhabitant of this state for seven years immediately proceeding his election; and at the time thereof he shall be an inhabitant of the district for which he shall be chosen.17

XVI. A ND every person, qualified as the Constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this State, in the town, parish or plantation where he dwelleth and hath his home.18

A MENDMENTS OF 1792

XVII. A ND the inhabitants of plantations and places unincorporated, qualified as this Constitution provides, who are or shall be required to assess taxes upon themselves towards the support of government, or shall be taxed therefor, shall have the same privilege of voting for Senators in the plantations and places wherein they reside, as the inhabitants of the respective towns and parishes aforesaid have; and the meetings of such plantations and places for that purpose shall be holden annually in the month of March at such places respectively therein, as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and town clerks have in their several towns by this constitution.19 XVIII. T HE meetings for the choice of Governor, Counsellors 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 the presence of the said selectmen and of the town clerk in said meeting, sort and count the said votes and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person. And the town clerk shall make a fair record of the same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the Secretary of the State, with a superscription expressing the purport thereof - And the said town clerk shall cause such attested copy to be delivered to the sheriff of the county, in which such town

or parish shall lie, forty days, at least, before the last Wednesday of October, or to the Secretary of the state, at least, thirty days before the said last Wednesday of October - And the sheriff of each county, or his deputy, shall deliver all such certificates by him received into the Secretary’s office, at least, thirty days before the last Wednesday of October.20

XIX. A ND, that there may be a due meeting of Senators on the last Wednesday of October annually, the Governor and a majority of the Council for the time being shall, as soon as may be, examine the returned copies of such records, and, fourteen days before the said last Wednesday of October, he shall issue his summons to such persons, as appear to be chosen Senators by a majority of votes, to attend and take their seats on that day. Provided nevertheless, that for the first year the said returned copies shall be examined by the President and a 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.21

XX. A ND, in case there shall not appear to be a Senator elected by a majority of votes, for any district, the deficiency shall be supplied in the following manner, viv. The members of the house of Representatives, and such Senators as shall be declared elected shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect, by joint ballot, the Senator wanted for such district; and in this manner, all such vacancies shall be filled up in every district of the state; and in like manner all vacancies in the Senate arising by death, removal out of the State,

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N EW H AMPSHIRE or otherwise, shall be supplied as soon as may be after such vacancies happen.22

XXI. T HE Senate shall be final judges of the elections, returns and qualifications of their own members, as pointed out in this Constitution.23

XXII. T HE 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.24

XXIII. T HE Senate shall appoint their President and other officers, and determine their own rules of proceedings; and not less than seven members of the Senate shall make a quorum for doing business; and when less than eight Senators shall be present, the assent of five at least shall be necessary to render their acts and proceedings valid.25

XXIV. T HE Senate shall be a court, with full power and authority, to hear, try and determine all impeachments made by the house of Representatives, against any officer or officers of the state, for bribery, corruption, mal-practice, or mal-administration 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 respectively be

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sworn truly and impartially to try and determine the charge in question, according to evidence - And every officer impeached for bribery, corruption, mal-practice, or maladministration in office, shall be served with an attested copy of the impeachment and order of 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 the 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 council, and may also, upon his refusing or neglecting to appear, hear the proofs in support of the impeachment, and render judgment thereon, his non-appearance notwithstanding; - and such judgment shall have the same force and effect as if the person impeached had appeared and pleaded on the trial: Their judgment, however, shall not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit, under this state; but the party so convicted shall, nevertheless, be liable to indictment, trial, judgment and 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.26

Under the head House of Representatives XXV. T HAT the fifth paragraph under this head be expunged and the following added, viz.

A MENDMENTS OF 1792 A LL persons qualified to vote, in the elections of Senators, shall be entitled to vote within the district where they dwell, in the choice of Representatives. Every member of the house of Representatives shall be chosen by ballot, and for two years at least next preceeding 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; and 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.27

XXVI. T HAT the sixth article under said head be expunged and the following added: T HE 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 licence. All intermediate vacancies in the house of Representatives, may be filled up, from time to time in the same manner28 as annual elections are made.29

XXVII. T HE House of Representatives shall be judge of the returns, elections and qualifications of its members, as pointed out in this Constitution.30 T HAT the last paragraph under said head be expunged and the following added, viz.

XXVIII. T HE journals of the proceedings and all public acts of both houses of the Legislature shall be printed and published immediately after every adjournment or

prorogation; and upon motion made by any one member, the yeas and nays upon any question shall be entered on the journals; and any member of the Senate or House of Representatives shall have a right, on motion made at the time for that purpose, to have his protest or dissent, with the reasons against any vote, resolve or bill passed, entered on the journals.31

Executive Power Governor XXIX. The Governor shall be chosen annually in the month of March; and the votes for Governor shall be received, sorted, counted, certified and returned in the same manner as the votes for Senators; and the Secretary shall lay the same before the Senate and House of Representatives, on the last Wednesday of October to be by them examined; and in case of an election by a majority of votes through the State, the choice shall be by them declared and published.32

XXX. A ND 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.33 XXXI. A ND no person shall be eligible to this office unless, at the time of his election, he

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N EW H AMPSHIRE shall have been an inhabitant of this state for seven years next preceeding, and unless he shall be of the age of thirty years, and unless he shall at the same time have an estate of the value of five hundred pounds, one half of which shall consist of a freehold, in his own right, within this state.34

XXXII. I N 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 seven months, at any one time, as he may determine the public good may require, to meet at the place where the General Court shall be at that time sitting: and he shall dissolve the same seven days before the said last Wednesday of October.35

XXXIII. A ND in case of any infectious distemper prevailing in the place where the said court, at any time, is to convene, or any other cause, whereby dangers may arise to the health or lives of the members from their attendance, the Governor may direct the session to be holden at some other the most convenient place within the state.36

XXXIV. E VERY bill, which shall have passed both houses of the General Court, shall, before it become a Law, be presented to the Governor; if he approve he shall sign it, - but if not, he shall return it, with his objections, to that house, in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider it. If, after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with such objections, to the other House, by which it

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shall likewise be reconsidered; and if approved by two thirds of that house it shall become a law: But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within five days (Sundays 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.37

XXXV. E VERY 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.38

XXXVI. A LL judicial officers, the Attorney General, Solicitors, all Sheriffs, Coroners, Registers of Probate, and all officers of the navy, and general and field officers of the militia, shall be nominated and appointed by the Governor and Council; and every such nomination shall be made at least three days prior to such appointment; and no appointments 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 or Council, and every negative shall be also signed by the Governor or Council, who made the same.39

A MENDMENTS OF 1792 XXXVII. T HE 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.40

XXXVIII. W HENEVER 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 the President of the Senate shall exercise the office of Governor, he shall not hold his office in the Senate.41

XXXIX. T HE several paragraphs under the head President in the Constitution shall be altered by expunging the word President and inserting the word Governor in lieu thereof.42

punged, and the following substituted in lieu thereof. T HERE shall be, annually, elected, by ballot, five Counsellors for advising the Governor in the Executive part of government. The freeholders and other inhabitants, in each county, qualified to vote for Senators, shall, some time in the month of March, give in their votes for one Counsellor, which votes shall be received, sorted, counted, certified and returned to the Secretary’s office, in the same manner as the votes for Senators, to be by the Secretary laid before the Senate and House of Representatives, on the last Wednesday of October.44

XLII. A ND 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 majority of votes in any county, the Senate and House of Representatives 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.45

XL. A ND the second, third, fourth, sixth, ninth, sixteenth and last paragraph under the head President in the Constitution shall be expunged and be considered as no longer in force.43

Council XLI. T HE several paragraphs under the head Council in the Constitution shall be ex-

XLIII. Provided nevertheless - T HAT no person shall be capable of being elected a Counsellor, who has not an estate of the value of five hundred pounds within this state, three 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 this state for seven years immediately proceeding his election, and at the time of his election an inhabitant of the county in which he is elected.46

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N EW H AMPSHIRE XLIV.

XLVII.

T HE Secretary shall, annually, seventeen days before the last Wednesday of October, give notice of the choice of the persons elected.47

T HE Legislature may, if the public good shall hereafter require it, divide the state into five districts, as nearly equal as may be, governing themselves by the number of rateable 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 of election in counties.50

XLV. I F any person shall be elected Governor or member of either branch of the Legislature, and shall accept the trust, or if any person elected 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, may and shall, from time to time, hold a Council for ordering and directing the affairs of the state, according to the laws of the land.48

XLVIII. A ND whereas the elections appointed to be made by this Constitution, on the last Wednesday of October, 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 compleated. And the order of the elections shall be as follows - The vacancies in the Senate, if any, shall be first filled up - the Governor shall then be elected, provided there shall be no choice of him by the people, and afterwards the two houses shall proceed to fill up the vacancy, if any, in the Council.51

XLVI. T HE members of the Council may be impeached by the House and tried by the Senate, for bribery, corruption, mal-practice, or mal-administration. T HE resolutions and advice of the Council shall be recorded, by the Secretary, in a register, and signd 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 reasons for such opinion.49

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Under the head Secretary, &c.

XLIX. T HE Secretary of the State shall, at all times, have a deputy to be by him appointed, for whose conduct in office he shall be responsible; and in case of the52 death, removal, or inability of the Secretary, his deputy shall exercise all the duties of the office of Secretary of this state, until another shall be appointed.53

A MENDMENTS OF 1792

L. T HE Secretary, before he enters upon the business of his office, shall give bond with sufficient sureties, in a reasonable sum, for the use of the state for the punctual performance of his trust.54

County Treasurer, &c. LI. T HAT the paragraph under this head in the Constitution be expunged and the following substituted in lieu thereof. T HE County Treasurer and Register of Deeds shall be elected by the inha[bi]tants of the several towns in the several counties, in the state, according to the method now practiced, and the laws of the state; Provided nevertheless, the Legislature shall have authority to alter the manner of 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.55

LII. A ND the Legislature, on the application of the major part of the inhabitants of any county, shall have authority to divide the same into two districts for registering deeds, if to them it shall appear necessary - Each district to elect a register of deeds.56

LIII. T HE County Treasurer and Register of Deeds, before they enter upon the business of their offices, shall be respectively sworn faithfully to discharge the duties thereof; and shall57 severally give bond, with sufficient surities, in a reasonable sum, for

the use of the county or district, for the punctual performance of their respective trusts.58

Judiciary Power LIV. I T shall be the duty of the General Court to make a reform in the judiciary system, that justice may be administered in a more cheap and expeditious manner than is now practiced; and that no party shall have a review after the cause has been determined against him twice by jury.59

LV. T HE General Court are hereby empowered to make alterations in the power and jurisdiction of the Courts of Common pleas and General Sessions of the peace respectively, or, if they shall judge it necessary for the public good, to abolish those courts, or either of them, and invest such other courts, as they may establish, with the jurisdiction and powers now vested in the courts of Common pleas, and courts of General Sessions of the peace; as the General Court may, from time to time, judge expedient for the due administration of law and justice.60

LVI. A ND it shall be the duty of the General Court to vest in such court or courts of law, as to them may appear expedient, the power of granting new trials, or a trial after judgment, either upon verdict of a jury, default, nonsuit or complaint for affirmation of judgment, in all cases where substantial justice has not been done (except as before excepted) in such manner and under such restrictions and regulations as to the General Court may appear for the public good; provided application be made for such review or trial within one year from the rendition of judgment.61

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N EW H AMPSHIRE LVII.

LXI.

F OR the more effectually preserving the proper separation of the three great powers of government, agreeably to the 37th article in the Bill of Rights, the power of hearing and deciding in causes of equity shall be vested either in some judicial court or courts, or in some court to be established specially for that purpose - provided no power shall be granted to any such courts, incompatible with the Bill of Rights and Constitution. And the powers of said courts shall be limited and defined by express laws. And no suit in equity shall be sustained where clear and adequate remedy may be had at law.62

A LL matters relating to the probate of wills, and granting letters of administration shall be exercised by the Judges of Probate, in such manner as the Legislature have directed, or may 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.67

LVIII. T HE General Court are impowered to give to Justices of the peace jurisdiction in civil causes, where the damages demanded shall not exceed four pounds, and title of real estate is not concerned; but with right of appeal to either party to some other court, so that a trial by Jury, in the last resort, may be had.63

LXII. N O Judge or Register of Probate shall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any probate business, which is pending, or may be brought into any court of Probate, in the county of which he is Judge or Register.68

LXIII. T HAT the paragraph69 under the head70 Clerks of courts, in the Constitution be expunged and the following substituted, viz.71

LIX.

LXIV.

N O person shall hold the office of Judge of any court, or Judge of Probate, or Sheriff of any county, after he has attained the age of seventy years.64

T HE Judges of the courts (those of72 probate excepted) shall appoint their respective clerks, to hold their office during pleasure; and no such clerk shall act as an attorney, or be of counsel in any cause in the court of which he is clerk, nor shall he draw any writ originating a civil action.73

LX. N O Judge of any court, or Justice of the peace shall act as attorney, or be of counsel to any party, or originate any civil suit in matters which shall come, or be brought before him, as65 Judge or Justice of the peace.66

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LXV. T HAT the paragraph74 in the Constitution under the head Delegates to Congress, be expunged.75

A MENDMENTS OF 1792

LXVI. T HE Oath of allegiance in the Constitution shall be expunged, and the following substituted in lieu therof, viz. I A B do solemnly swear that I will bear faith and true allegiance to the State of NewHampshire, and will support the constitution thereof. - So help me G OD.76 A NY person having taken and subscribed the oath of allegiance, shall not be obliged to take said oath again.77

LXVIII. A ND 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 amended and altered, before the President of the State and a majority of the Council then in office - and forever afterwards before the Governor and Council for the time being, and by all other officers before such persons, and in such manner as the Legislature shall from time to time appoint.78

LXIX. T HAT the fifteenth paragraph in the Constitution, under the head oaths and subscriptions79 &c. be expunged and the following substituted in lieu thereof, viz.80

LXX. N O person holding the office of Judge of any court (except special Judges) Secretary, Treasurer of the state, Attorney General, Commissary General, Military Officers receiving pay from the continent or this state, excepting officers of the militia occasionally called forth on an emergency, Register of deeds, Sheriff, or Officer of the Customs,

including Naval Officers, Collectors of Excise, and State and Continental taxes hereafter appointed and not having settled their accounts with the respective officers, with whom it is their duty to settle such accounts, Members of Congress, or any person holding an office under the United States, shall, at the same time, hold the office of Governor, or have a seat in the Senate, or House of Representatives, or Council; but his being chosen and appointed to and accepting the same shall operate as a resignation of his seat in the chair of the Senate81 , or House of Representatives, or Council; and the place so vacated shall be filled up. No member of the Council shall have a seat in the Senate or82 House of Representatives.83

LXXI. T O the end that there may be no failure of justice, or danger to the state by the alterations and amendments made in the Constitution, the General Court is hereby fully authorized and directed to fix the time, when the amendments and alterations shall take effect, and make the necessary arrangements accordingly.84 That the last paragraph in the Constitution be expunged and the following substituted in lieu thereof, viz.

LXXII. I T shall be the duty of the Selectmen and Assessors of the several towns and places in this state, in warning the first annual meeting, for the choice of Senators, after the expiration of seven years from the adoption of this Constitution as amended, to insert expressly in the warrant this purpose among the others, for the meeting, to wit, to take the sense of the qualified voters on the subject of a revision of the Constitution: And the meeting being warned accordingly, and not otherwise, the moderator shall take the

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N EW H AMPSHIRE sense of the qualified voters present, as to the necessity of a revision, and a return of the number of votes for and against such necessity, shall be made by the clerk, sealed up and directed to the General Court, at their then next session; and if it shall appear to the General Court, by such returns, that the sense of the people of the state has been taken, and that, in the opinion of the majority of the qualified voters in the state present, and voting at said meetings, there is a necessity for a revision of the Constitution, it shall be the duty of the General Court, to call a Convention for that purpose; otherwise, the General Court shall direct the sense of the people to be taken, and then proceed in the manner before mentioned. The delegates to be chosen in the same manner and proportioned as the representatives to the General Court - Provided that no alterations shall be made in this Constitution, before the same shall be laid before the towns and unincorporated places, and approved by two thirds of the qualified voters present, and voting on the subject. And the same method of taking the sense of the people, as to the revision of the Constitution, and calling a convention for that purpose, shall be observed afterwards at the expiration of every seven years.85

1

Verified by Articles in Addition to and Amendment of the Constitution of the State of New-Hampshire, Agreed to by the Convention of Said State, and Submitted to the People Thereof for their Approbation, Exeter, New-Hampshire: Printed by Henry Ranlet, and sold at his office in Mainstreet, 1792, 34 p. Spelling, capitalization, and punctuation as in the Ranlet print. The 72 amendments were submitted to the people on May 7, 1792, resulting in the adoption of the following 46 amendments: nos. 2–4, 6, 7, 9, 10, 13, 14, 16, 17, 21– 24, 26–28, 30, 33, 38, 39, 42, 45–47, 49–53, and 58–72 (cf. New Hampshire: Provincial and State Papers, vol. X, ed. by Nathaniel Bouton, Concord, N.H.: Edward A. Jenks, State Printer, 1877, 141–142). The constitutional text resulting from this mixture of adoptions and rejections contained a number of incongruencies. While the reporting Committee concluded, “That as to

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the other Articles of Amendments that are approved of, it appears that they are not inconsistent with the Constitution, except such parts of it as are thereby repealed” it submitted “it to the consideration of the Convention, whether it is not necessary that some further articles of amendments respecting the Governor and Council should be again submitted to the people for their approbation” (New Hampshire State Papers, vol. X, ed. by Bouton, 143). On August 27, 1792, a new proposal was submitted to the people, redrawing the chapters on Senate, Governor, and Council, by including articles that had already found acceptance, articles of the existing Constitution of 1784 (q.v.) and some further articles considered necessary to make the whole consistent. Additionally 31 of the already adopted articles, unconnected with these three chapters, were listed (cf. New Hampshire State Papers, vol. X, ed. by Bouton, 144–148, 152–168; Articles in Addition to and Amendment of the Constitution of the State of New-Hampshire, Agreed to by the Convention of Said State, and Submitted to the People Thereof for their Approbation, Dover: Printed by E. Ladd, For the State, 1792, 20, 21–31). The new proposal was ratified by the people by a vote of 2,122 to 978 (New Hampshire State Papers, X, ed. by Bouton, 164) and with it four additional articles of the original proposal, nos. 20, 34, 35, and 36 were adopted, all of which had narrowly failed on May 7, raising the overall number of adopted amendments to 50 out of the initially 72 proposed amendments, while 22 of the amendments failed (cf. Susan E. Marshall, The New Hampshire State Constitution. A Reference Guide [Reference Guides to the State Constitutions of the United States, ed. by. G. Alan Tarr, no. 39], Westport, CT and London: Praeger, 2004, 14, which only gives a lump sum of 46 adopted and 26 rejected articles of amendment, without providing a detailed analysis of the whole process). Due to the rephrasing of substantial parts of the 1784 constitution and in order to provide for an approved constitutional text the result of the amending process became the so-called Constitution of 1792 (q.v.), which, however, is still today considered to embody the Constitution of 1784 as amended in 1792. 2 Rejected by 3993 to 994 votes (here as in all subsequent cases, figures from New Hampshire State Papers, vol. X, ed. by Bouton, 141–142). 3 Accepted by 3760 to 293 votes. 4 Accepted by 3567 to 462 votes. 5 In Ladd print, 21, word missing. 6 Accepted by 3336 to 594 votes. 7 2511 to 1554 votes in favor, thus lacking the required two-thirds approval. 8 Accepted by 3080 to 969 votes. 9 Accepted by 3173 to 914 votes. 10 Rejected by 2226 to 1627 votes. 11 Accepted by 4285 to 219 votes. 12 Accepted by 4330 to 144 votes.

A MENDMENTS OF 1792 13

2128 to 1846 votes in favor, thus lacking the required two-thirds approval. 14 2407 to 1478 votes in favor, thus lacking the required two-thirds approval. 15 Accepted by 2624 to 1219 votes. 16 Accepted by 2722 to 1102 votes. 17 2300 to 1500 votes in favor, thus lacking the required two-thirds approval. 18 Accepted by 2542 to 1174 votes. 19 Accepted by 2763 to 1065 votes. 20 2343 to 1541 votes in favor, thus lacking the required two-thirds approval. 21 2135 to 1657 votes in favor, thus lacking the required two-thirds approval. 22 2329 to 1191 votes in favor, thus lacking the required two-thirds approval. Ratified in package of August 27. 23 Accepted by 2693 to 1034 votes. 24 Accepted by 2946 to 813 votes. 25 Accepted by 2565 to 1007 votes. 26 Accepted by 2868 to 800 votes. 27 2406 to 1255 votes in favor, thus lacking the required two-thirds approval. 28 In Ladd print, 23, last four words missing. 29 Accepted by 2653 to 1120 votes. 30 Accepted by 2883 to 489 votes. 31 Accepted by 3087 to 460 votes. 32 2018 to 1769 votes in favor, thus lacking the required two-thirds approval. 33 Accepted by 2475 to 1163 votes. 34 2203 to 1454 votes in favor, thus lacking the required two-thirds approval. 35 1920 to 1611 votes in favor, thus lacking the required two-thirds approval. 36 Accepted by 2659 to 1081 votes. 37 2319 to 1258 votes in favor, thus lacking the required two-thirds approval. Ratified in package of August 27. 38 2183 to 1330 votes in favor, thus lacking the required two-thirds approval. Ratified in package of August 27. 39 2327 to 1196 votes in favor, thus lacking the required two-thirds approval. Ratified in package of August 27. 40 2077 to 1558 votes in favor, thus lacking the required two-thirds approval. 41 Accepted by 2422 to 1113 votes. 42 Accepted by 2467 to 1220 votes. 43 2104 to 1270 votes in favor, thus lacking the required two-thirds approval.

44

2287 to 1336 votes in favor, thus lacking the required two-thirds approval. 45 Accepted by 2553 to 1044 votes. 46 1929 to 1584 votes in favor, thus lacking the required two-thirds approval. 47 2102 to 1320 votes in favor, thus lacking the required two-thirds approval. 48 Accepted by 2356 to 1113 votes. 49 Accepted by 4623 to 820 votes. 50 Accepted by 2384 to 1092 votes. 51 2165 to 1248 votes in favor, thus lacking the required two-thirds approval. 52 In Ladd print, 24, word missing. 53 Accepted by 2748 to 649 votes. 54 Accepted by 3284 to 371 votes. 55 Accepted by 2391 to 1019 votes. 56 Accepted by 2869 to 714 votes. 57 In Ladd print, 25, word missing. 58 Accepted by 3111 to 426 votes. 59 2168 to 1368 votes in favor, thus lacking the required two-thirds approval. 60 Rejected by 1911 to 1540 votes. 61 2156 to 1192 votes in favor, thus lacking the required two-thirds approval. 62 1883 to 1340 votes in favor, thus lacking the required two-thirds approval. 63 Accepted by 2228 to 1103 votes. 64 Accepted by 2607 to 912 votes. 65 In Ladd print, 26, “as a”. 66 Accepted by 3140 to 499 votes. 67 Accepted by 2899 to 450 votes. 68 Accepted by 3268 to 294 votes. 69 In Ladd print, 27, “paragraphs”. 70 In Ladd print, 27, “head of”. 71 In Ladd print, 27, word missing.- Accepted by 2540 to 404 votes. 72 In Ladd print, 27, “of the”. 73 Accepted by 2905 to 439 votes. 74 In Ladd print, 27, “paragraphs”. 75 Accepted by 2852 to 302 votes. 76 Accepted by 3037 to 300 votes. 77 Accepted by 3085 to 205 votes. 78 Accepted by 2244 to 907 votes. 79 In Ladd print, 28, “oaths, subscriptions”. 80 In Ladd print, 28, word missing.- Accepted by 2127 to 682 votes. 81 In Ladd print, 29, “chair, senate”. 82 In Ladd print, 29, “or of”. 83 Accepted by 2499 to 867 votes. 84 Accepted by 3104 to 226 votes. 85 Accepted by 3327 to 187 votes.

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Constitution of New Hampshire (1792) The Constitution of New Hampshire1

PART I Bill Of Rights A RT. 1. All men are born equally free and independent: Therefore, all government of right originates from the people, is founded in consent, and instituted for the general good. A RT. 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 obtaining happiness. A RT. 3. When men enter into a state of society, they surrender up some of their natural rights to that society, in order to ensure the protection of others; and, without such an equivalent, the surrender is void. A RT. 4. Among the natural rights, some are, in their very nature, unalienable, because no equivalent can be given or received for them. Of this kind are the Rights of Conscience. A RT. 5. Every individual has a natural and unalienable right to worship God, according to the dictates of his own conscience, and reason; and no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshiping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession2 , sentiments, or persuasion3 : provided he doth not disturb

the public peace or disturb others in their religious worship. A RT. 6. As morality and piety, rightly grounded on evangelical principles, will give the best and greatest security to government, and will lay, in the hearts of men, the strongest obligations to due 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 instruction in morality and religion; therefore, to promote those4 important purposes, the people of this State have a right to empower, and do hereby fully empower, the Legislature, to authorise, from time to time, the several towns, parishes, bodies corporate, or religious societies, within this State, to make adequate provision, at their own expence, for the support and maintenance of public protestant teachers of piety, religion, and morality: Provided notwithstanding, 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 particular religious sect or denomination, shall ever be compelled to pay towards the support of the teacher or teachers of another persuasion, sect, or denomination. – And every denomination of Christians, demeaning themselves quietly, and as good subjects of the State, shall be equally under the protection of the law: And no subordination of any one sect or denomination to another, shall ever be es-

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N EW H AMPSHIRE tablished by law. – And nothing herein shall be understood to affect any former contracts made for the support of the ministry; but all such contracts shall remain, and be in the same state as if this Constitution had not been made. A RT. 7. The people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in Congress assembled. A RT. 8. All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. A RT. 9. No office or place whatsoever, in government, shall be hereditary – the abilities and integrity requisite in all, not being transmissible to posterity or relations. A RT. 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 government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought, to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind. A RT. 11. All elections ought to be free, and every inhabitant of the State, having the proper qualifications, has equal right to elect, and be elected, into office.

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A RT. 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 in the expence of such protection, and to yield his personal service when necessary, or an equivalent. But no part of a man’s property shall be taken from him, or applied to public uses, without his own5 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. A RT. 13. No person, who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto, provided he will pay an equivalent. A RT. 14. Every subject of this State is entitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, property, or character; to obtain right and justice freely, without being obliged to purchase it; completely, and without any denial; promptly, and without6 delay; conformably to the laws. A RT. 15. No subject shall be held to answer for any crime, or offence, until the same is fully and plainly, substantially and formally, described to him: or be compelled to accuse or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be 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 subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land. A RT. 16. No subject shall be liable to be tried, after an acquittal, for the same crime

C ONSTITUTION OF N EW H AMPSHIRE (1792) or offence. Nor shall the Legislature make any law that shall subject any person to a capital punishment, (excepting for the government of the army and navy, and the militia in actual service) without trial by Jury. A RT. 17. In criminal prosecutions, the trial of facts, in the vicinity where they happen, is so essential to the security of the life, liberty, and estate, of the citizen, that no crime or offence ought to be tried in any other county than that in which it is committed; except in cases of general insurrection in any particular county, when it shall appear to the Judges of the Superiour Cour[t], that an impartial trial cannot be had in the county where the offence may be committed, and upon their report, the Legislature shall think proper to direct the trial in the nearest county in which an impartial trial can be obtained.7 A RT. 18. All penalties ought to be proportioned to the nature of the offence. No wise Legislature will affix the same punishment to the crimes of theft, forgery, and the like, which they do to those of murder and treason: Where the same undistinguishing severity is exerted against all offences, the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offences: For the same reason a multitude of sanguinary laws is both impolitic and unjust. The true design of all punishments being to reform, not to exterminate mankind.8 A RT. 19. Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. Therefore, all warrants to search suspected places, or arrest a person for examination or trial, in prosecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previously supported

by oath or affirmation; and if the order, in a warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure; and no warrant ought to be issued, but in cases9 , and with the formalities, prescribed by law.10 A RT. 20. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has been heretofore otherwise used and practiced, the parties have a right to a trial by Jury, and this method of proceedure shall be held sacred, unless in cases arising on the high seas and such as relate to mariners’ wages, the Legislature shall think it necessary hereafter to alter it. A RT. 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 be11 fully compensated for their travel, time, and attendance. A RT. 22. The Liberty of the Press is essential to the security of Freedom in a State: It ought, therefore, to be inviolably preserved. A RT. 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. A RT. 24. A well regulated militia is the proper, natural, and sure defence of a State. A RT. 25. Standing armies are dangerous to liberty, and ought not to be raised, or kept up, without the12 consent of the Legislature.

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N EW H AMPSHIRE A RT. 26. In all cases, and at all times, the military ought to be under strict subordination to, and governed by, the civil power. A RT. 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. A RT. 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. A RT. 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. A RT. 30. The freedom of deliberation, speech, and debate, in either House of the Legislature, is so essential to the rights of the people, that it cannot be the foundation of any action, complaint, or prosecution, in any other Court or place whatsoever. A RT. 31. The Legislature shall assemble for the redress of public grievances, and for making such laws as the public good may require.13

pose excessive fines, or inflict cruel or unusual punishments. A RT. 34. No person can, in any case, be subjected to law martial14 , 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. A RT. 35. It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the Judges of the Supreme Judicial Court should hold their offices so long as they behave well; subject, however, to such limitations, on account of age, as may be provided by the Constitution of the State; and that they should have honourable salaries ascertained and established by standing laws.15 A RT. 36. Œconomy 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.

A RT. 32. The People have a right in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their Representatives, and to request of the legislative body, by way of petition, or remonstrance, redress of the wrongs done them, and of the grievances they suffer.

A RT. 37. In the government of this State, the three essential powers thereof, to wit, the Legislative, Executive, and Judicial, ought to be kept as separate from, and independent of, each other, as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the Constitution in one indissoluble bond of union and amity.

A RT. 33. No Magistrate, or Court of Law, shall demand excessive bail or sureties, im-

A RT. 38. A frequent recurrence to the fundamental principles of the Constitution,

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C ONSTITUTION OF N EW H AMPSHIRE (1792) 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 officers and Representatives: And they have a right to require of their law-givers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of government.

PART II Form of Government The16 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 New 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 Wednesday of June, and at such other times as they may judge necessary; and shall dissolve & be dissolved, seven days next preceeding the said first Wednesday of June; and shall be stiled The General Court of New Hampshire. The General Court shall forever have full power and authority to erect and constitute Judicatories and Courts of Record, or other Courts, to be holden in the name of the State, for the hearing, trying, and determining, all manner of crimes, offences, pleas, processes, plaints, actions, causes, matters

and things whatsoever, arising or happening within this State, or between or concerning persons inhabiting or residing, or brought, within the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal, or mixed; and for the awarding and issuing execution thereon. To which Courts and Judicatories, are hereby 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 controversy, or depending before them. And further17 , full power and authority are hereby given and granted to the said General Court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions, and instructions, either with penalties, or without, so as the same be not repugnant or contrary to this Constitution, as they may judge for the benefit and welfare of this State, and for the governing and ordering thereof, and of the subjects of the same, for the necessary support and defence of the government thereof; and to name and settle annually, or provide by fixed laws for the naming and settling, all civil officers within this State; such officers excepted, the election and appointment of whom are hereafter in this form of government otherwise provided for; and to set forth the several duties, powers, and limits, of the several civil and military officers of this State, and the forms of such oaths or affirmations as shall be respectively administered unto them, for the execution of their several offices and places, so as the same be not repugnant or contrary to this Constitution; and also to impose fines, mulcts, imprisonments, and other punishments; and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and residents within, the said State; and upon all estates within

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N EW H AMPSHIRE the same; to be issued and disposed of by warrant, under the hand of the Governor of this State for the time being, with the advice and consent of the Council, for the public service, in the necessary defence and support of the government of this State, and the protection and preservation of the subjects thereof, according to such acts as are, or shall be in force within the same. And while the public charges of government, or any part thereof, shall be assessed on polls and estates in the manner that has heretofore been practiced; in order that such assessments may be made with equality, there shall be a valuation of the estates within the State taken anew once in every five years at least, and as much oftener as the General Court shall order. No member of the General Court shall take fees, be of counsel18 , or act as advocate, in any cause before either branch of the Legislature; and upon due proof thereof, such member shall forfeit his seat in the Legislature.19 The doors of the galleries, of each House of the Legislature, shall be kept open to all persons who behave decently, except when the welfare of the state, in the opinion of either branch, shall require secrecy.20

House of Representatives There shall be, in the Legislature of this State, a representation of the people, annually elected, and founded upon principles of equality: And in order that such representation may be as equal as circumstances will admit, every town, parish, or place entitled to town privileges, having one hundred and fifty rateable male polls, of twenty one years of age, and upwards, may elect one representative; if four hundred and fifty rateable polls, may elect two Representatives; and so proceeding, in that proportion, making three hundred such rateable polls

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the mean increasing number, for every additional Representative. Such towns, parishes, or places, as have less than one hundred and fifty rateable polls, shall be classed by the General Court, for the purpose of choosing a Representative, and seasonably notified thereof. And in every class, formed for the abovementioned purpose, the first annual meeting shall be held in the town, parish, or place, wherein most of the rateable polls reside; and afterwards in that which has the next highest number; and so on annually, by rotation, through the several towns, 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 rateable polls, and be so situated as to render the classing thereof with any other town, parish, or place, very inconvenient, the General Court may, upon application of a majority of the voters in such town, parish, or place, issue a writ for their electing and sending a Representative to the General Court. The members of the House of Representatives shall be chosen annually, in the month of March, and shall be the second branch of the Legislature. All persons, qualified to vote in the election of Senators, shall be entitled to vote, within the district where they dwell, in the choice of Representatives. Every member of the House of Representatives shall be chosen by ballot; and for two years, at least, next preceeding 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 town, parish or place he may be chosen to represent, shall be of the protestant religion, and shall cease to represent such town, parish or place, immediately on his

C ONSTITUTION OF N EW H AMPSHIRE (1792) 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 licence. All intermediate vacancies, in the House of Representatives, may be filled up, from time to time, in the same manner as annual elections are made.21 The House of Representatives shall be the Grand Inquest of the State; and all impeachments made by them, shall be heard and tried by the Senate. All money bills shall originate in the House of Representatives; but the Senate may propose, or concur with, amendments, as on other bills. The House of Representatives shall have power to adjourn themselves, but no longer than two days at a time. A Majority of the members of the House of Representatives shall be a quorum for doing business: But when less than two thirds of the Representatives elected shall be present, the assent of two thirds of those members shall be necessary to render their acts and proceedings valid. No member of the House of Representatives, or Senate, shall be arrested, or held to bail, on mean22 process, during his going to, returning from, or attendance upon, the23 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 returns, elections, and qualifications, of its members, as pointed out in this Constitution24 . They shall have authority to punish, by imprisonment, every person who shall be guilty of disrespect to the House, in its presence, by any disorderly and contemptuous behaviour, or by threatening, or illtreating, any of its members; or by obstructing its deliberations; every per-

son guilty of a breach of its privileges, in making arrests25 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 proceedure of the House; in assaulting any witness, or other person, ordered to attend, by and during his attendance of26 the House; or in rescuing any person arrested by order of the House, knowing them to be such. The Senate, Governour, and Council, shall have the same powers in like cases: provided, that no imprisonment by either, for any offence, exceed ten days. The journals of the proceedings, and all public acts of both Houses of the Legislature, shall be printed and published immediately after every27 adjournment or prorogation; and upon motion made by any one member, the yeas and nays, upon any question, shall be entered on28 the journal29 : 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 journals30 .31

Senate The Senate shall consist of twelve members, who shall hold their office for one year from the first Wednesday of June next ensuing their election. And that the State may be equally represented in the senate, the legislature shall, from time to time, divide the state into twelve districts, as nearly equal as may be without dividing towns and unincorporated places; and in making this division, they shall govern themselves by the proportion of direct 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

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N EW H AMPSHIRE each district, qualified as in this constitution is provided, shall annually give in their votes for a senator, at some meeting holden in the month of March.32 The Senate shall be the first branch of the Legislature; and the senators shall be chosen in the following manner, viz. Every male inhabitant of each town, and parish with town privileges, and places unincorporated, in this state, of twenty-one years of age and 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 annually forever in the month of March, to vote in the town or parish wherein he dwells, for the senator in the district whereof he is a member.33 Provided nevertheless, That no person shall be capable of being elected a senator, who is not of the Protestant religion, and seized of a freehold estate, in his own right, of the value of two hundred pounds, lying within this state, who is not of the age of thirty years, and who shall not have been an inhabitant of this state for seven years immediately preceeding his election, and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. And every person, qualified as the constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this state, in the town, parish, and34 plantation, where he dwelleth and hath his home.35 And the inhabitants of plantations and places unincorporated, qualified as this constitution provides, who are or shall be required to assess taxes upon themselves towards the Support of government, or shall be taxed therefor, shall have the same privilege of voting for senators, in the plantations and places wherein they reside, as the inhabitants of the respective towns and

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parishes aforesaid have. And the meetings of such plantations and places for that purpose, shall be holden annually in the month of March, at such places respectively therein as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and town clerks36 have in their several towns by this constitution.37 The meetings for the choice of governour, council, and senators, shall be warned by warrant from the select-men, 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 meetings38 , sort and count the said votes, and make a public declaration thereof, with the name of every person voted for; and the number of votes for each person; And the town clerk shall make a fair record of the same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the secretary of the state, with a superscription expressing the purport thereof: And the said townclerk shall cause such attested copy to be delivered to the sheriff of the county in which such town or parish shall lie, thirty days at least before the first Wednesday of June, or to the secretary of the39 state at least twenty days before the said first Wednesday of June: And the sheriff of each county, or his deputy, shall deliver all such certificates by him received into the Secretary’s office, at least twenty days before the first Wednesday of June. And that there may be a due meeting of senators on the first Wednesday of June annually, the governour, and a majority of the council for the time being, shall, as soon

C ONSTITUTION OF N EW H AMPSHIRE (1792) as may be, examine the returned copies of such records, and fourteen days before the first Wednesday of June, he shall issue his summons to such persons as appear to be chosen senators, by a majority of votes, to attend and take their seats on that day. Provided nevertheless, That for the first year the said returned copies shall be examined by the president, and a majority of the council then in office; and the said president shall, in like 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 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 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 death, removal out of the state, or otherwise, shall be supplied, as soon as may be after such vacancies happen.40 The Senate shall be final judges of the elections, returns, and qualifications, of their own members, as pointed out in this constitution.41 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.42 The senate shall appoint their president, and other officers, and determine their own rules of proceedings: And not less than seven members of the senate shall make

a quorum for doing business; and when less than eight senators shall be present, the assent of five, at least, shall be necessary to render their acts and proceedings valid.43 The senate shall be a court, with full power and authority to hear, try, and determine, all impeachments made by the house of representatives against any officer or officers of the state, for bribery, corruption, mal-practice or mal-administration, in office; with full power to issue summons, or compulsory process, for convening witnesses before them44 : But previous to the trial of any such impeachment, the members of the senate shall respectively be sworn truly and impartially to try and determine the charge in question, according to evidence. And every officer, impeached for bribery, corruption, mal-practice or maladministration in office, shall be served with an attested copy of the impeachment, and order of senate thereon with such citation as the senate may direct, setting forth the time and place of their setting45 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 the 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 counsel46 , and may also, upon his refusing or neglecting to appear hear the proofs in support of the47 impeachment, and render jud[g]ment thereon, his nonappearance notwithstanding; and such jud[g]ment48 shall have the same force and effect as if the person impeached had appeared and pleaded in49 the trial. Their judgment however, shall not extend further than removal from office, disqualification to hold or enjoy any place of honour, trust, or profit, under this state; but the party so convicted, shall

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N EW H AMPSHIRE nevertheless be liable to indictment, trial, judgment, and punishment, according to the laws of the land. Whenever the Governour shall be impeached, the chief justice of the supreme judicial court shall, during the trial, preside in the senate, but have no vote therein.50

Executive Power Governor There shall be a Supreme Executive Magistrate, who shall be styled the Governor of the State of New Hampshire, and whose title shall be His Excellency. The Governor shall be chosen annually in the month of March; and the votes for Governor shall be received, sorted, counted, certified and returned, in the same manner as the votes for senators; and the secretary shall lay the same before the senate and house of representatives, on the first Wednesday of June to be by them examined, and in case of an election by a majority of votes through the state, the choice shall be by them declared and published. And the qualifications of electors of the governor shall be the same as those for senators; and if no person shall have a majority of votes, the senate and house of representatives shall, by joint ballot elect one of the two persons having the highest number of votes, who shall be declared governor.51 And no person52 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 preceeding, and unless he shall be of the age of thirty years, and unless he shall, at the same time have an estate of the value of five hundred pounds, one half of which shall consist of a freehold, in his own right, within this state, and unless he shall be of the protestant religion. In cases of disagreement between the two houses, with regard to the time or place of

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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 may require, and he shall dissolve the same seven days before the said first Wednesday of June. And, in case of any infectious distemper prevailing in the place where the said court at any time is to convene, or any other cause, whereby dangers may arise to the health or lives of the members from their attendance, the governor may direct the session to be holden at some other the most convenient place within the state.53 Every bill which shall have passed both houses of the general court, shall, before it become a law, be presented to the governor, if he approve, he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it; if after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with such objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons, voting for or against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor, within five days (Sundays 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.54 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, accord-

C ONSTITUTION OF N EW H AMPSHIRE (1792) ing to the rules and limitations prescribed in the case of a bill.55 All judicial officers, the attorney-general, solicitors, all sheriffs, coroners, registers of probate, and all officers of the navy, and general and field officers of the militia, shall be nominated and appointed by the governor and council; and every such nomination shall be made at least three days prior to such appointment; and no appointment56 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 and57 council, and every negative shall be also signed by the governor or council who made the same.58 The captains and subalterns, in the respective regiments, shall be nominated and recommended by the field officers to the governor who is to issue their commissions immediately on receipt of such recommendation. 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 powers59 and authorities which by this constitution the governor is vested with, when personally present; but when the president of the senate shall exercise the office of governor, he shall not hold his office in the senate.60 The governor, with advice of council, shall have full power and authority, in the61 recess of the general court, to prorogue the same from time to time, not exceeding ninety days, in any one recess of said court; and during the sessions of said court, to adjourn or prorogue it to any time the two houses may desire, and to call 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 the state, by sea and land; and shall have full power by himself, or by any chief commander, or other officer, or officers, from time to time, to train, instruct, exercise and govern the militia and navy; and for the special defence and safety of this state, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, repulse, repel, resist and pursue by force of arms, as well by sea as by land, within and without the limits of this state; and also to kill, slay, destroy, if necessary, and conquer by all fitting ways, enterprize 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 navy, and over the militia in actual service, the law martial in time of war, invasion, and also in rebellion, declared by the legislature to exist, as occasion shall necessarily require: And surprise, by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade, or attempt the invading, conquering or annoying this state; and in fine, the governor hereby is entrusted with all other powers incident to the office of captain general and commander in chief, and admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land; Provided, that the Governor shall not, at any time hereafter, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legislature, transport any of the inhabitants of this state, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the general court, nor grant commissions for exercising the law

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N EW H AMPSHIRE martial in any case, without the advice and consent of the council. The power of pardoning offences, except such as persons may be convicted of before the senate, by impeachment of the house, shall be in the Governor, by and with the advice of62 council: But no charter of pardon granted by the Governor, with advice of council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. No officer duly commissioned to command in the militia shall be removed from his office, but by the address of both houses to the Governor, or by fair trial in courtmartial, pursuant to the laws of the state for the time being. The commanding officers of the63 regiments shall appoint their Adjutants and Quartermasters; the Brigadiers, their Brigade-Majors; the Major Generals, their Aids; the Captains and Subalterns, their noncommissioned officers. 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 monies shall be issued out of the treasury of this state, and disposed of, (except such sums as may be appropriated for the redemption of bills of credit, or Treasurers notes, or for the payment of interest arising thereon) but by warrant under the hand of the Governor for the time being, by and with the advice and consent of the council, for the necessary support and defence of this state, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General Court. All public boards, the commissarygeneral, all superintending officers of pub-

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lic magazines and stores belonging to this state, and all commanding officers of forts and garrisons within the same, shall, once in every three months, officially, and without requisition, and at other times when required by the Governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages and all 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 governor, 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 superior court.

Council There shall be annually elected, by ballot, five counsellors, for advising the Governor in the executive part of government. The freeholders and other inhabitants in each county, qualified to vote for senators, shall some time in the month of March, give in their votes for one counsellor; which votes shall be received, sorted, counted, certified, and returned to the secretary’s office, in the same manner as the votes for senators, to be by the secretary laid before the senate and house of representatives on the first Wednesday of June. 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 majority of votes in any county,

C ONSTITUTION OF N EW H AMPSHIRE (1792) the senate and house of representatives 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,64 and the qualifications for counsellors shall be the same as for senators. If any person thus chosen a counsellor, shall be elected governor or member of either branch of the legislature, and shall accept the trust65 : or if any person elected a counsellor, shall refuse to accept the office; or in66 case of the death, resignation67 , 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, may, and shall, from time to time hold a council, for ordering and directing the affairs of the state, according to the laws of the land.68 The members of the council may be impeached by the house, and tried by the senate, for bribery, corruption, mal practice, or mal-administration. 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 resolutions69 of the majority, with the reasons for such opinion.70 The legislature may, if the public good shall hereafter require it, divide the state into five districts, as nearly equal as may be, governing themselves by the number of rateable 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 of election in counties.71 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, until the same be completed: and the order of the elections shall be as follows – the vacancies in the senate, if any shall be first filled up: The Governor shall then be elected, provided there shall72 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 Representatives, in person, or by Deputy, as they may require. The Secretary of the State shall, at all times, have a Deputy, to be by him appointed; for whose conduct in office he shall be responsible: And in case of the death, removal, or inability of the Secretary, his Deputy shall exercise all the duties of the office of Secretary of this State, until another shall be appointed.73 The Secretary, before he enters upon the business of his office, shall give bond, with sufficient sureties, in a reasonable sum, for the use of the State, for the punctual performance of his trust.74

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County Treasurer, &c. The County Treasurers, and Registers of Deeds, shall be elected by the inhabitants of the several towns, in the several counties in the State, according to the method now practised, and the laws of the State. Provided nevertheless The Legislature shall have authority to alter the manner of certifying the votes, and the mode of electing those officers; but not so as to deprive the people of the right they now have of electing them.75 And the Legislature, on the application of the major part of the inhabitants of any county, shall have authority to divide the same into two districts for registering deeds, if to them it shall appear necessary; each district to elect a Register of Deeds:76 And before77 they enter upon the business of their offices, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give bond, with sufficient sureties, in a reasonable sum, for the use of the county78 , for the punctual performance of their respective trusts.79

Judiciary Power The tenure that all commissioned officers shall have by Law in their offices shall be expressed in their respective commissions, all judicial officers duly appointed, commissioned and sworn, shall hold their offices during good behaviour excepting those concerning whom there is a different provision made in this Constitution. Provided nevertheless the Governor80 with consent of Council81 may remove them upon the address of both houses of the Legislature. Each branch of the Legislature as well as the Governor and Council shall have authority to require the opinions of the Justices of the Superior Court upon important

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questions of Law & upon Solemn occasions. In order that the people may not suffer from the long continuance in place of any justice of the peace who shall fail in discharging the important duties of his office with ability and fidelity, all commissions of Justices of the peace shall become void at the expiration of five years from their respective dates, and upon the expiration of any Commission, the same may if necessary be renewed or another person appointed as shall most conduce to the well being of the state. All causes of Marriage divorce and alimony; and all appeals from the respective judges of probate shall be heard and tried by the Superior Court until the Legislature shall by law make other provision. The General Court are impowered to give to Justices of the peace jurisdiction in civil causes, when the damages demanded shall not exceed four pounds, and title of real estate is not concerned; but with right of appeal, to either party, to some other Court, so that a trial by Jury in the last resort may be had.82 No person shall hold the office of Judge of any Court, or Judge of Probate, or Sheriff of any county, after he has attained the age of seventy years.83 No Judge of any Court, or Justice of the Peace, shall act as84 Attorney, or be of counsel, to any party, or originate any civil suit, in matters which shall come or be brought before him as Judge, or Justice of the Peace.85 All matters relating to the probate of wills, and granting letters of administration, shall be exercised by the Judges of Probate, in such manner as the Legislature have directed, or may 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

C ONSTITUTION OF N EW H AMPSHIRE (1792) appoint.86 No Judge, or Register of Probate, shall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any probate business which is pending, or may be brought into any Court of Probate in the county of which he is Judge or Register.87

Clerks of Courts88 The Judges of the Courts (those of Probate excepted) shall appoint their respective Clerks to hold their office during pleasure: And no such Clerk shall act as an attorney or be of counsel in any cause in the Court of which he is Clerk, nor shall he draw any writ originating a civil action.89

Encouragement of Literature &c. Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and œconomy, honesty and punctuality, sincerity, sobriety, and all social affections, and generous sentiments, among the people.

Oath and Subscriptions; Exclusion from Offices; Commissions; Writs; Confirmation of Laws; Habeas Corpus; the Enacting Stile; Continuance of Officers; Provision for a future Revision of the Constitution, &c.90 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 thereof. So help me God.91 I, A. B. do solemnly and sincerely swear and affirm that I will faithfully and impartially discharge and perform all the duties incumbent on me as –––––– according to the best of my abilities, agreeably to the rules and regulations of this 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,92 shall not be obliged to take said oath again.93 Provided always, When any person chosen or appointed as aforesaid, shall be of the denomination called Quakers, or shall be scrupulous of swearing, and shall decline taking the said oaths, such person shall take and subscribe them, omitting the word swear, 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

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N EW H AMPSHIRE and amended94 , before the President of the State, and a majority of the Council then in office, and forever afterwards before the Governor and Council for the time being; and by all other officers, before such persons, and in such manner as the Legislature shall from time to time appoint.95 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 Clerks office in any of the Courts of Law, shall be in the name of the State of New Hampshire; shall be under the seal of the Court whence they issue, and bear test of the chief, first, or senior Justice of the Court; but when such Justice shall be interested, 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 informations, shall conclude, against the peace and dignity of the State. The estates of such persons as may destroy their own lives, shall not for that offence be forfeited, but descend or asscend in the same manner, as if such persons had died in a natural way. Nor shall any article, which shall accidentally occasion the death of any person, be henceforth deemed a deodand, or in any wise forfeited on account of such misfortune. All the laws which have heretofore been adopted, used, and approved, in the Province, Colony, or State, of New Hampshire, and usually practised on in the Courts of Law, shall remain and be in full force, until altered and repealed by the Legislature; such parts thereof only excepted, as are repugnant to the rights and liberties contained in this Constitution: Provided that nothing herein contained, when compared with the 23d Article in the Bill of Rights, shall be construed to affect the laws already made

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respecting the persons, or estates of absentees. The privilege and benefit of the Habeas Corpus, shall be enjoyed in this State, in the most free, easy, cheap, expeditious, and ample manner, and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a time not exceeding three months. The enacting stile in making and passing acts, statutes, and laws, shall be – Be it enacted by the Senate and House of Representatives, in General Court convened. No Governor, or Judge of the Supreme Judicial Court, shall hold any office or place under the authority of this State, except such as by this Constitution they are admitted to hold, saving that the Judges of the said Court may hold the offices96 of Justice97 of the peace throughout the State; nor shall they hold any place or office, or receive any pension or salary, from any other State, government, or power, whatever. No person shall be capable of exercising, at the same time more than one of the following offices within this State viz Judge of Probate, Sheriff, Register of Deeds; and never more than two offices of profit, which may be held by appointment of the Governor, or Governor and Council, or Senate and House of Representatives, or Superior or Inferior Courts; military offices, and offices of Justices of the peace excepted. No person holding the office of Judge of any Court, (except Special Judges) Secretary, Treasurer of the State, Attorney General, Commissary General, military officers receiving pay from the continent, or this State, (excepting officers of the militia, occasionally called forth on an emergency) Register of Deeds, Sheriff, or officers98 of the customs, including naval officers, Collectors of excise, and State and continental taxes, hereafter appointed, and not having settled their accounts with the respective officers with whom it is their duty to set-

C ONSTITUTION OF N EW H AMPSHIRE (1792) tle such accounts, members of Congress, or any person holding any99 office under the United States, shall at the same time hold the office of Governor, or have a seat in the Senate, or House of Representatives, or Council; but his being chosen and appointed to, and accepting the same, shall operate as a resignation of their100 seat in the chair, Senate101 , or House of Representatives, or Council; and the place so vacated shall be filled up. No member of the Council shall have a seat in the Senate or House of Representatives.102 No person shall ever be admitted to hold a seat in the Legislature or any office of trust or importance under this government, who, in the due course of law, has been convicted of bribery or corruption, in obtaining an election or appointment. In all cases where sums of money are mentioned in this Constitution, the value thereof shall be computed in silver at six shillings and eight pence per ounce. To the end that there may be no failure of justice, or danger to the State, by the alterations and amendments made in the Constitution, the General Court is hereby fully authorised and directed to fix the time when the alterations and amendments103 shall take effect, and make the necessary arrangements accordingly.104 It shall be the duty of the Selectmen and Assessors, of the several towns and places in this State, in warning the first annual meetings105 for the choice of Senators, after the expiration of seven years from the adoption of this Constitution as amended, to insert expressly in the warrant, this purpose, among the others for the meeting, to wit, to take the sense of the qualified voters on the subject of a revision of the Constitution; and the meeting being warned accordingly, and not otherwise, the Moderator shall take the sense of the qualified voters present, as to the necessity of a revision; and a return of the number of votes for and

against such necessity, shall be made by the Clerk, sealed up, and directed to the General Court at their then next session; and if it shall106 appear to the General Court by such return107 , that the sense of the people of the State has been taken, and that in the opinion of the Majority of the qualified voters in the State, present and voting at said meetings, there is a necessity for a revision of the Constitution, it shall be the duty of the General Court to call a Convention for that purpose, otherwise the General Court shall direct the sense of the people to be taken, and then proceed in the manner before mentioned. The Delegates to be chosen in the same manner, and proportioned, as the Representatives to the General Court; provided that no alterations shall be made in this Constitution, before the same shall be laid before the towns and unincorporated places, and approved by two thirds of the qualified voters present and voting on the subject. And the same method108 of taking the sense of the people, as to a109 revision of the Constitution, and calling a Convention for that purpose, shall be observed afterwards, at the expiration of every seven years.110 This Form of Government shall be enrolled on parchment, and deposited in the Secretary’s office, and be a part of the laws of the land; and printed copies thereof shall be prefixed to the books containing the laws of this State, in all future editions thereof.111 In Convention held at Concord the fifth day of September Anno Domini 1792 – The returns from the several Towns and unincorporated places being examined, and it appearing that the foregoing Bill of Rights and form of Government as amended by the Convention were approved by more than two thirds of the qualified voters present in Town meetings112 and voting upon the question – the same are agreed on and established by the delegates of the people in

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N EW H AMPSHIRE Convention and declared to be the civil Constitution of the State of New Hampshire. S AMUEL L IVERMORE President of the Convention ATTEST, J OHN C ALFE, Secretary

1 Verified by The Constitution of New Hampshire, as Altered and Amended by a Convention of Delegates, Held at Concord, in Said State, Approved by the People, and Established by the Convention, On the first Wednesday of September, 1792, Concord, NH: Printed by George Hough, By the Authority of the Convention, M.DCC.XCII [1792], 71 p. [hereafter cited as Hough print A], and corrected according to the enrolled manuscript as preserved in the State Archives of New Hampshire at Concord, N.H. Checked also against the versions as published in The Laws of the State of New-Hampshire, The Constitution of the State of New-Hampshire, and the Constitution of the United States, With Its Proposed Amendments. Printed by Order of the Honorable the General-Court, Portsmouth, NH: Printed by John Melcher, Printer to the State, 1797, 5–32, in Rules of the Constitutional Convention of the State of New Hampshire, with a list of its Officers and Members, Their Places of Residence, Occupations, Ages and Boarding Places, and the Number of their Seats; to which are added The Constitution of New Hampshire and the Constitution of the United States. By Order of the Convention, Concord, NH: Butterfield & Hill, State Printers, 1850, 33–62, and in Journal of the Convention which Assembled in Concord, to Revise the Constitution of New Hampshire, 1791– 1792, copied from the original Journal and edited by Nathaniel Bouton, Concord, NH: Edward A. Jenks, State Printer, 1876, 169–196 (identical print with that in New Hampshire: Provincial and State Papers, vol. X, ed. by Nathaniel Bouton, Concord, N.H.: Edward A. Jenks, State Printer, 1877, 169–196). Another Hough print The Constitution of New Hampshire, as Altered and Amended by a Convention of Delegates, Held at Concord, in Said State, By Adjournment, On the second Wednesday of February, M.DCC.XCII, Concord, NH: Printed by George Hough, For the Convention, s.a. [1792], 59 p., published during the deliberations of the Convention and not containing the final text as adopted, would have figured here as Hough print B. But no intermediate drafts are referred to in this edition. Spelling, capitalization, punctuation, and paragraphing follow the enrolled manuscript. Italics are used in conformity with the enrolled manuscript. Obvious printing errors were not considered for annotation. The approval of the people, which is referred to in the title and in the concluding clause of the Constitution, does

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not actually relate to this particular document which was not submitted to the people for ratification. Rather, the seventy-two articles of amendment had been submitted to the people on May 7, 1792, and again, in modified form, on August 27, 1792 (q.v.). On the basis of the latter vote, the Convention, as correctly stated in the title, established this Constitution on September 5, 1792, though in the interest of historical accuracy it needs to be pointed out that while the Convention reconvened on September 5, the actual decision on the Constitution was made on September 6 (cf. New Hampshire: Provincial and State Papers, X, ed. by Bouton, 164–168). Notwithstanding this process, the Constitution continues to be regarded as the Constitution of 1784 (q.v.) as amended in 1792, thus bestowing the honor of possessing the second-oldest existing constitution upon New Hampshire, as an attempt to draft a new constitution in 1851 (q.v.) failed. Nevertheless, the quasi-constitution of 1792 is a milestone, the study of which is essential to a proper understanding of the Constitution’s textual evolution from 1784 until the present, cf. The New Hampshire Constitution, Adopted June 2, 1784. Over 200 Years of Constitutional Government, 2005–2006, [s.l., s.n., s.a.,] 34–60. Both the gravity of the constitutional alteration and the goal of editorial clarity justify its rendering, in this edition, as a stand-alone constitution rather than merely a set of amendments. The following annotations will precisely relate each Constitutional article to its analogue in the 47 articles of the amendments of 1792, except for art. XXXIX, LXV, and LXIX, which, while adopted, cannot be related on a one-to-one basis. The Constitution of 1784 as amended in 1792 remained in force unchanged for six decades until further amended in 1852 (q.v.). 2 In Rules of the Convention, 34, “professions”. 3 Ibid., “persuasions”. 4 In Convention Journal, 170, “these”. 5 In Rules of the Convention, 35, word missing. 6 Ibid., 36, “without any”. 7 Cf. Amendments of 1792 (q.v.), art. II. 8 Cf. Amendments of 1792 (q.v.), art. III. 9 In Amendments of 1792 (q.v.), art. IV, “case”. 10 Verbatim, with one exception, Amendments of 1792 (q.v.), art. IV. 11 In enrolled manuscript, word missing. 12 In Hough print A, 18, and in Session Law print, 9, word missing. 13 Verbatim Amendments of 1792 (q.v.), art. VI. 14 In Hough print A, 20, and in Session Law print, 10, “law-marshal”. 15 Verbatim Amendments of 1792 (q.v.), art. VII. 16 In Rules of the Convention, 40, “1. The”. Paragraphs are numbered consecutively through to 101, though minor deviations in paragraphing in the printed versions from the enrolled manuscript occur. 17 Ibid., 41, “farther”.

C ONSTITUTION OF N EW H AMPSHIRE (1792) 18 In Convention Journal, 177, as in Amendments of 1792 (q.v.), art. IX, “council”. 19 Verbatim, with one exception, Amendments of 1792 (q.v.), art. IX. 20 Verbatim Amendments of 1792 (q.v.), art. X. 21 Verbatim Amendments of 1792 (q.v.), art. XXVI. 22 In Rules of the Convention, 43, “mesne”. 23 Ibid., “said”. 24 Second part of sentence, verbatim Amendments of 1792 (q.v.), art. XXVII. 25 In Convention Journal, 179, “arrest”. 26 In Hough print A, 32, in Session Law print, 15, and in Convention Journal, 179, “upon”. 27 In Rules of the Convention, 44, “the”. 28 In Hough print A, 32, in Session Law print, 15, “in”; in Convention Journal, 179, “upon”. 29 In Hough print A, 32, and in Session Law print, 15, as in Amendments of 1792 (q.v.), art. XXVIII, “journals”. 30 In Hough print A, 33, in Session Law print, 15, in Rules of the Convention, 44, and in Convention Journal, 179, “journal”. 31 Verbatim, with one exception, Amendments of 1792 (q.v.), art. XXVIII. 32 Verbatim Amendments of 1792 (q.v.), art. XIII. 33 Verbatim Amendments of 1792 (q.v.), art. XIV. 34 In Amendments of 1792 (q.v.), art. XVI, “or”. 35 Verbatim, with one exception, Amendments of 1792 (q.v.), art. XVI. 36 In Convention Journal, 181, “town clerk”. 37 Verbatim Amendments of 1792 (q.v.), art. XVII. 38 In Hough print A, 36, and in Session Law print, 17, “meeting”. 39 In Hough print A, 37, and in Session Law print, 17, word missing. 40 Verbatim Amendments of 1792 (q.v.), art. XX. 41 Verbatim Amendments of 1792 (q.v.), art. XXI. 42 Together with preceding paragraph, verbatim Amendments of 1792 (q.v.), art. XXII. 43 Verbatim Amendments of 1792 (q.v.), art. XXIII. 44 In Amendments of 1792 (q.v.), art. XXIV, “, with all necessary powers incident to a court of trials” added. 45 In Hough print A, 40, in Session Law print, 18, in Rules of the Convention, 47, and in Convention Journal, 183, as in Amendments of 1792 (q.v.), art. XXIV, “sitting”. 46 In Convention Journal, 183, as in Amendments of 1792 (q.v.), art. XXIV, “council”. 47 In Convention Journal, 183, word missing. 48 Ibid., “judgments”. 49 In Amendments of 1792 (q.v.), art. XXIV, “on”. 50 Together with preceding paragraph, verbatim, with four exceptions, Amendments of 1792 (q.v.), art. XXIV. 51 Verbatim Amendments of 1792 (q.v.), art. XXX. 52 In Hough print A, 42, and in Session Law print, 20, “persons”.

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Verbatim Amendments of 1792 (q.v.), art. XXXIII. Verbatim Amendments of 1792 (q.v.), art. XXXIV. 55 Verbatim Amendments of 1792 (q.v.), art. XXXV. 56 In Amendments of 1792 (q.v.), art. XXXVI, “appointments”. 57 In Amendments of 1792 (q.v.), art. XXXVI, “or”. 58 Verbatim, with two exceptions, Amendments of 1792 (q.v.), art. XXXVI. 59 In Hough print A, 46, and in Session Law print, 21, “power”. 60 Verbatim Amendments of 1792 (q.v.), art. XXXVIII. 61 In Rules of the Convention, 50, word missing. 62 In Hough print A, 49, in Session Law print, 22, and in Convention Journal, 186, “of the”. 63 In Rules of the Convention, 52, word missing. 64 Verbatim Amendments of 1792 (q.v.), art. XLII. 65 In Amendments of 1792 (q.v.), art. XLV, “I F any person shall be elected Governor or member of either branch of the Legislature, and shall accept the trust”. 66 In Rules of the Convention, 53, “in the”. 67 In Hough print A, 53, and in Session Law print, 24, “or resignation”. 68 Verbatim, with one exception, Amendments of 1792 (q.v.), art. XLV. 69 In Rules of the Convention, 54, “resolution”. 70 Together with preceding paragraph, verbatim Amendments of 1792 (q.v.), art. XLVI. 71 Verbatim Amendments of 1792 (q.v.), art. XLVII. 72 In Rules of the Convention, 54, “should”. 73 Verbatim Amendments of 1792 (q.v.), art. XLIX. 74 Verbatim Amendments of 1792 (q.v.), art. L. 75 Together with preceding paragraph, verbatim Amendments of 1792 (q.v.), art. LI. 76 Verbatim Amendments of 1792 (q.v.), art. LII. 77 In Amendments of 1792 (q.v.), art. LIII, “T HE County Treasurer and Register of Deeds, before”. 78 In Amendments of 1792 (q.v.), art. LIII, “or district” added. 79 Verbatim, with two exceptions, Amendments of 1792 (q.v.), art. LIII. 80 In enrolled manuscript, “President”. Also in Rules of the Convention, 56, but with note: “Governor in former printed editions, but president in the original.” 81 In Convention Journal, 190, “counsel”. 82 Verbatim Amendments of 1792 (q.v.), art. LVIII. 83 Verbatim Amendments of 1792 (q.v.), art. LIX. 84 In Hough print A, 59, and in Session Law print, 27, “as an”. 85 Verbatim Amendments of 1792 (q.v.), art. LX. 86 Verbatim Amendments of 1792 (q.v.), art. LXI. 87 Verbatim Amendments of 1792 (q.v.), art. LXII. 88 In Hough print A, 60, in Session Law print, 27, and in Convention Journal, 191, “Court”. 89 Verbatim Amendments of 1792 (q.v.), art. LXIV. 90 In Hough print A, 61, and in Session Law print, 28, “Oath and Subscriptions, Exclusion from Offices, 54

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N EW H AMPSHIRE Commissions, Writs, &c. &c. &c.”. 91 Verbatim Amendments of 1792 (q.v.), art. LXVI. 92 In Amendments of 1792 (q.v.), art. LXVII, “, and the same being filed in the Secretary’s office,” missing. 93 Verbatim, with one exception, Amendments of 1792 (q.v.), art. LXVII. 94 In Amendments of 1792 (q.v.), art. LXVIII, “amended and altered”. 95 Verbatim, with one exception, Amendments of 1792 (q.v.), art. LXVIII. 96 In Hough print A, 66, in Session Law print, 30, and in Convention Journal, 194, “office”. 97 In Rules of the Convention, 60, “justices”. 98 In Amendments of 1792 (q.v.), art. LXX, “Officer”. 99 In Amendments of 1792 (q.v.), art. LXX, “an”. 100 In Amendments of 1792 (q.v.), art. LXX, “his”. 101 In Amendments of 1792 (q.v.), art. LXX, “chair of the Senate”. 102 Verbatim, with four exceptions, Amendments of 1792 (q.v.), art. LXX.

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103 In

Amendments of 1792 (q.v.), art. LXXI, “amendments and alterations”. 104 Verbatim, with one exception, Amendments of 1792 (q.v.), art. LXXI. 105 In Hough print A, 68, and in Session Law print, 31, as in Amendments of 1792 (q.v.), art. LXXII, “meeting”. 106 In enrolled manuscript, “shall shall”. 107 In Amendments of 1792 (q.v.), art. LXXII, “returns”. 108 In Convention Journal, 196, “methods”. 109 In Amendments of 1792 (q.v.), art. LXXII, “the”. 110 Together with preceding paragraph, verbatim, with three exceptions, Amendments of 1792 (q.v.), art. LXXII. 111 In Rules of the Convention, 62, and in Convention Journal, 196, rest missing. 112 In Hough print A, 71, and in Session Law print, 32, “in the meetings”.

Failed Constitution of New Hampshire (1851)

The Amended Constitution of New Hampshire1

BILL OF RIGHTS A RT. 1. All men are born equally free and independent; therefore, all government of right originates with the People, is founded in consent, and instituted for the general good. A RT. 2. All men have certain natural, essential, and inherent rights, among which are the enjoying and defending life and liberty, the acquiring, possessing and protecting property, and, in a word, the seeking and obtaining happiness. A RT. 3. When men enter into a state of society, they surrender up some of their natural rights to that society, in order to insure the protection of others, and without such an equivalent the surrender is void. A RT. 4. Among the natural rights, some are in their very nature inalienable, because no equivalent can be given or received for them; of this kind are the rights of conscience. A RT. 5. Every individual has a natural and inalienable right to worship God according to the dictates of his own conscience and reason, and no subject shall be hurt, molested or restrained, in2 his person, liberty or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience, or for his religious professions, sentiments or persuasion, provided he does not disturb the public peace, or disturb others in their religious worship.

A RT. 6. As morality and piety, rightly grounded on the principles of the Bible, 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 society by the institution of the public worship of the Deity, and of public instruction in morality and religion, therefore, to promote those important purposes, the People of this State have the right to empower, and do hereby fully empower, the several religious societies which may at any time exist within this State, to make adequate provision, at their own expense, for the support and maintenance of public teachers of piety, religion and morality: provided, that such 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 particular religious sect or denomination, shall ever be compelled to pay towards the support of the teacher, or teachers, of another persuasion, sect or denomination; and every religious denomination, demeaning themselves quietly, and as good subjects of the State, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be established by law. A RT. 7. The People of this State have the sole and exclusive right of governing themselves as a free, sovereign and independent State, and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction

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N EW H AMPSHIRE and right pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the government of the United States. A RT. 8. All power residing originally in, and being derived from, the People, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. A RT. 9. No office or place whatsoever in government shall be hereditary, the requisite ability and integrity not being transmitted to posterity or relations. A RT. 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 government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the People may, and of right ought to, reform the old or establish a new government. The doctrine of non-resistance to arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind. A RT. 11. All elections ought to be free, and every inhabitant of the State having the proper qualifications has an equal right to elect and be elected into office. A RT. 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 of the expense of said protection, and to yield his personal service when necessary, or an equivalent. But no part of a man’s property shall be taken from him, or applied to public uses, without his own consent or the authority of law. Nor are the inhabitants of this State controlable by any other laws than

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those enacted in conformity to this Constitution and that of the United States. A RT. 13. No person who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto, provided he will pay an equivalent. A RT. 14. Every subject of this State is entitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, property or character, to obtain right and justice freely, without being obliged to purchase it, completely and without any denial, promptly and without any delay, conformably to the laws. A RT. 15. No subject shall be held to answer for any crime or offence, until the same is fully and plainly, substantially and formally described to him, or be compelled to accuse, or furnish evidence against, himself. And every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defence by himself and counsel. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities or privileges, put out of the protection of the law, exiled or deprived of his life, liberty or estate, but by the judgment of his peers or the law of the land. A RT. 16. No subject shall be liable to be tried, after an acquittal, for the same crime or offence. Nor shall the Legislature make any law that shall subject any person to a capital punishment, (excepting for the government of the army and navy, and the militia in actual service,) without trial by jury. A RT. 17. In criminal prosecutions, the trial of facts in the vicinity where they happen is so essential to the security of the life, liberty and estate of the citizen, that no crime or offence ought to be tried in any other county than that in which it is committed, except in cases of general insurrection in

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1851) any particular county, when it shall appear to the judges of the Supreme Court that an impartial trial cannot be had in the county where the offence may be committed, and they shall direct the same to be had in the nearest county in which an impartial trial can be obtained. A RT. 18. All penalties ought to be proportioned to the nature of the offence. No wise Legislature will affix the same punishment to the crimes of theft, forgery and the like, which they do to those of murder and treason. Where the same undistinguishing severity is exerted against all offences, the People are led3 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 reason4 a multitude of sanguinary laws is both impolitic and unjust, the true design of all punishment being to reform, not to exterminate, mankind. A RT. 19. Every subject has a right to be secure from all unreasonable searches and seizures of his person5 , his houses, his papers, and all his possessions. Therefore, all warrants to search suspected places, or arrest a person for examination or trial, in prosecutions for criminal matters, are contrary to this right if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in a warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest or seizure; and no warrant ought to be issued but in cases and with the formalities prescribed by law. A RT. 20. In all controversies concerning property, and in all suits between two or more persons, except in cases otherwise provided for in the Constitution or laws made

in pursuance thereof by the Legislature, the parties have a right to trial by jury, but the court shall try the facts as well as the law in cases where the parties agree. A RT. 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 compensated for their travel, time and attendance. A RT. 22. The liberty of the press is essential to the security of freedom in a State; it ought, therefore, to be inviolably preserved. A RT. 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. A RT. 24. A well regulated militia is the proper, natural and sure defence of a State. A RT. 25. Standing armies are dangerous to liberty, and ought not to be raised or kept up without the consent of the Legislature. A RT. 26. In all cases, and at all times, the military ought to be under strict subordination to, and governed by, the civil power. A RT. 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 to be made only by the civil magistrate, in a manner ordained by the Legislature. A RT. 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. A RT. 29. The power of suspending the laws, or the execution of them, ought never to be exercised but by the Legislature, or

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N EW H AMPSHIRE by authority derived therefrom, to be exercised in such particular cases only as the Legislature shall expressly provide for. A RT. 30. The freedom of deliberation, speech and debate, in either house of the Legislature, is so essential to the rights of the People, that its exercise cannot be the foundation of any action, complaint or prosecution against any member thereof in any other court or place whatsoever. A RT. 31. The Legislature shall assemble for the redress of public grievances, and for making such laws as the public good may require. A RT. 32. The People have a right, in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their representatives, and to request of the legislative body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer. A RT. 33. No magistrate, or court of law, shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments6 . A RT. 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. A RT. 35. Arrest or imprisonment on mesne or final process, founded on contract, shall not be allowed, unless the creditor, or his agent, shall previously make oath or affirmation of his belief that the debtor has fraudulently concealed or conveyed his property to place it beyond the reach of his creditors, or is about to leave the State to avoid the payment of his debts.

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A RT. 36. It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. A RT. 37. Economy being a most essential virtue in all States, 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 two years at a time. A RT. 38. In the government of this State, the three essential powers thereof, to wit: the legislative, executive and judicial, ought to be kept as separate from and independent of each other as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the Constitution in one indissoluble bond of union and amity. A RT. 39. A frequent recurrence to the fundamental principles of the Constitution, 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 officers and representatives; and they have a right to require of their law-givers and magistrates an exact and constant observance of them in the formation and execution of the laws necessary for the good administration of government. A RT. 40. 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

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1851) conducive to promote this end, it shall be the duty of the legislature and magistrates, in all future periods of this government, to cherish the interests of literature and the sciences, and all seminaries and public schools; to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety and all social affections and generous sentiments among the People. A RT. 41. Perpetuities are contrary to the genius of a free government, and shall never be allowed; and the Legislature shall possess the power at all times to alter, amend or repeal any legislative act conferring corporate powers, franchises or privileges, as the public good shall be deemed to demand.

PART SECOND Form of Government A RT. 1. The People, inhabiting the territory, formerly called the Province of New Hampshire, do hereby solemnly and mutually agree with each other to form themselves into a free, sovereign and independent body politic, or State, by the name of the State of New Hampshire.

Legislature A RT. 2. The supreme legislative power, within this State, shall be vested in the Senate and House of Representatives, each of which shall have a negative on the other. A RT. 3. The Senate and House shall assemble once in two years, on the first

Wednesday of June next following their election, and at such other times as they may judge necessary; and shall dissolve and be dissolved seven days next preceding the first Wednesday of June two years after; and shall be styled the “Legislature of New Hampshire.” A RT. 4. The Legislature shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be holden in the name of the State, for the hearing, trying and determining all manner of crimes, offences, pleas, processes, plaints, actions, causes, matters and things whatsoever, arising or happening within this State, or between or concerning persons inhabiting, or residing, or brought within the same, whether the same be criminal or civil, or whether the crimes be capital or not capital, and whether the said pleas be real, personal or mixed; and for the awarding and issuing execution thereon: to which courts and judicatories are hereby 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 controversy, or depending before them. A RT. 5. And further, full power and authority are hereby given and granted to the said Legislature from time to time, to make, ordain and establish all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions and instructions, either with penalties or without, so as the same be not repugnant or contrary to this Constitution, or the Constitution of the United States, as they may judge for the benefit and welfare of this State, and for the governing and ordering thereof, and of the subjects of the same, for the necessary support and defence of the government thereof; to provide for the enrolling, organizing and disciplining the Militia, in such manner as they may deem expedient, not repugnant to the Constitution and Laws of the United

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N EW H AMPSHIRE States; and to name and settle, or provide by fixed laws for the naming and settling, all civil officers within this State, such officers excepted, the election and appointment of whom are, hereafter, in this form of government otherwise provided for; and to set forth the several duties, powers and limits of the several civil and military officers of this State, and the forms of such oaths or affirmations as shall be respectively administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this Constitution; and also to impose fines, mulcts, imprisonments and other punishments; and to impose and levy proportional and reasonable assessments, rates and taxes upon all the inhabitants of, and residents within, the said State, and upon all estates within the same; to be issued and disposed of by warrant under the hand of the Governor of this State for the time being, for the public service, in the necessary defence and support of the government of this State, and the protection and preservation of the subjects thereof, according to such acts as are, or shall be, in force within the same. A RT. 6. And while the public charges of government, or any part thereof, shall be assessed on polls and estates in the manner that has been heretofore practised, in order that such assessments may be made with equality, there shall be a valuation of the estates, within the State, taken anew once in every five years at least, and as much oftener as the Legislature shall order. A RT. 7. No member of the Legislature shall take fees, be of counsel, or act as advocate in any cause before either branch of the same; and upon due proof thereof, such member shall forfeit his seat in the Legislature. A RT. 8. The doors of the galleries of each house of the Legislature shall be kept open

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to all persons, who behave decently, except when the welfare of the State, in the opinion of either branch, shall require secresy. A RT. 9. All elections by the Legislature, or by either branch thereof, shall be viva voce. A RT. 10. All elections by the People shall be determined by a plurality of votes. A RT. 11. The Legislature shall have no power, unless by a vote of two thirds of the members elected to either branch thereof, to borrow money or otherwise involve the State in debt, to an amount exceeding one hundred thousand dollars, except in case of war, invasion or insurrection. A RT. 12. No town, or incorporated place, shall have the right, either directly or indirectly, to suffer their credit to be used for the especial benefit of any corporation, nor to raise money for the purpose of loaning the same to any corporation, nor for taking stock therein. A RT. 13. The Legislature shall never authorize any lottery, but shall prohibit, under proper penalties, the sale of lottery tickets within this State.

House of Representatives A RT. 14. There shall be in the Legislature of this State a representation of the People elected once in two years, and founded upon principles of equality; and in order that7 such representation may be as equal as circumstances will admit, every town, or place entitled to town privileges, having onehundred and seventy-five ratable polls of twenty-one years of age and upwards, who shall have resided in this State six months or more immediately preceding the election, paupers and foreigners not naturalized excepted, may elect one representative; if seven hundred and fifty ratable polls, may elect two representatives; if fifteen hundred

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1851) and fifty ratable polls, may elect three representatives; if twenty-five hundred and fifty ratable polls, may elect four representatives; and so proceeding, making one thousand such ratable polls the mean increasing number for every additional representative after the third. Such towns or places as have less than one hundred and seventy-five ratable polls may elect a representative such proportion of the time as the number of their ratable polls shall bear to one hundred and seventy-five: provided that such towns and places as shall not have one hundred and seventy-five ratable polls, and shall be conveniently located for that object, may, on application to the Legislature, be classed for the choice of a representative, such classed towns not to contain less than one hundred and seventy-five ratable polls in each representative district so formed: and provided, further, that all towns, cities or places, which now are, or hereafter may be, divided into sections or wards for the choice of representatives, shall, for the purpose of apportioning the number of representatives to the number of ratable polls, be considered as undivided: and provided, further, that such towns and places as have less than one hundred and seventy-five ratable polls, and are entitled to representation a portion of the time under this Constitution, shall have the right to elect a representative at the first election under this Constitution, as a part of that portion, and that the Legislature may prescribe the manner, in which their rights of election, as to their proportional time, shall be determined; leaving to said towns, or places, as far as consistent with this Constitution, the selection of the years when they will exercise their rights. A RT. 15. The members of the House of Representatives shall be chosen biennially, in the month of March, and shall be the second branch of the Legislature. A RT. 16. All persons, qualified to vote in

the election of Senators, shall be entitled to vote, within the district where they dwell, in the choice of Representatives. A RT. 17. 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 the State, shall be, at the time of his election, an inhabitant of the town or place he may be chosen to represent, and shall cease to represent such town, or place, immediately on his ceasing to be an inhabitant thereof. A RT. 18. 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. A RT. 19. All intermediate vacancies in the House of Representatives may be filled up, from time to time, in the same manner as biennial elections are made. A RT. 20. 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. A RT. 21. All money bills shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills. A RT. 22. The House of Representatives shall have power to adjourn themselves, but no longer than two days at a time. A RT. 23. A majority of the members of the House of Representatives shall be a quorum for doing business; but when less than twothirds of the Representatives elected shall be present, the assent of two thirds of those members shall be necessary to render their acts and proceedings valid. A RT. 24. No member of the House of Representatives, or Senate, shall be arrested,

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N EW H AMPSHIRE or held to bail, on mesne process, during his going to, returning from, or attendance upon, the Legislature. A RT. 25. The House of Representatives shall choose their own Speaker, appoint their own officers, and settle the rules of proceeding in their own house; and shall be judges of the returns, elections and qualifications of their members as pointed out in this Constitution. They shall have authority to punish by imprisonment every person who shall be guilty of disrespect to the House, in its presence, by any disorderly and contemptuous behavior, or by threatening or illtreating any of its members; or by obstructing its deliberations; every person guilty of a breach of its privileges, in making arrests for debt, or by assaulting any member during his attendance at any session; in assaulting or disturbing any one of its officers in the execution of any order or procedure of the House; in assaulting any witness, or other person, ordered to attend, by, and during his attendance of, the House; or in rescuing any person arrested by order of the House, knowing him to be such. A RT. 26. The Senate shall have the same powers in like cases; provided that no imprisonment by either, for any offence, shall exceed ten days. A RT. 27. The journals of the proceedings, and all public acts of both houses of the Legislature, shall be printed and published immediately after every adjournment or prorogation; and upon motion made by ten members of the House of Representatives, or by two members of the Senate, the yeas and nays upon any question shall be entered on the journal; 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 journal.

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Senate A RT. 28. The Senate shall consist of thirty members, who shall hold their office for two years from the first Wednesday of June next following their election. A RT. 29. And that the State may be equally represented in the Senate, the Legislature shall, from time to time, divide the State into fifteen districts, in each of which two Senators shall be elected, and make known to the inhabitants of the State the limits of such districts. Each of these senatorial districts shall be formed of contiguous territory, of compact and convenient form, and of ratable polls as nearly equal as may be without dividing towns or cities. Changes in the senatorial districts may be made by the Legislature, for the purpose of rendering the number of ratable polls more equal, not oftener than once in six years. A RT. 30. The inhabitants of each district, qualified as in this Constitution is provided, shall biennially give in their votes for Senators, at some meeting holden in the month of March. A RT. 31. The Senate shall be the first branch of the Legislature; and the Senators shall be chosen in the following manner: every male inhabitant of each town, ward and place, with town privileges, and places unincorporated, in this State, of twenty-one years of age and upwards, excepting paupers and foreigners not naturalized, shall have a right, at the meetings of the inhabitants of said towns, wards and places, to be duly warned and holden biennially forever in the month of March, to vote in the town, ward or place wherein he dwells, for Senators in the district whereof he is a member. A RT. 32. Provided, nevertheless, that no person shall be capable of being elected a Senator, within this State, who is not of the age of thirty years, and who shall not have

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1851) been an inhabitant of this State for seven years immediately preceding his election; and at the time thereof he shall be an inhabitant of the district, for which he shall be chosen, and shall cease to be a Senator when he ceases to be an inhabitant of the district. A RT. 33. And every person qualified as this Constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this State, in the town, ward, or place where he dwells and has his home. A RT. 34. And the inhabitants of places unincorporated, qualified as this Constitution provides, who are or shall be required to assess taxes upon themselves towards the support of Government, or shall be taxed therefor, shall have the same privileges of voting for Senators in the places wherein they reside, as the inhabitants of the respective towns and places aforesaid have. And the meetings of such places, for that purpose, shall be holden biennially in the month of March, at such places respectively therein as the Assessors thereof shall direct: which assessors shall have like authority for notifying the electors, and collecting and returning the votes, as the Selectmen and Town-clerks have in their several towns by this Constitution. A RT. 35. The meetings for the choice of Governor, Lieutenant Governor, Senators and other officers required to be elected by this Constitution, 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, wards and places, present, and qualified to vote for Senators; and shall, in said meetings, in the presence of the said Selectmen and of the Town-clerk, sort and count the said votes and make a

public declaration thereof, with the name of every person voted for, and the number of votes for each person; and the Town-clerk shall make a fair record of the same at large in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the Secretary of the State, with a superscription expressing the purport thereof; and the said Town-clerk shall cause such attested copy to be delivered to the Secretary of the State, at least thirty days before the first Wednesday of June next following: provided that the Legislature may authorize, by a general law, all such towns, having more than seven hundred and fifty ratable polls, as may adopt the same, to receive votes at town meetings in such other manner as the Legislature may prescribe. A RT. 36. And that there may be a due meeting of Senators on the first Wednesday of June biennially, the Governor and the Secretary of the State shall, as soon as may be, examine the returned copies of such records; and fourteen days before said first Wednesday of June, the Governor shall issue his summons to such persons as appear to be chosen Senators to attend and take their seats on that day. A RT. 37. And in case there shall not appear to be two Senators elected 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 the two persons, neither of whom are elected, having the highest number of votes in said district, if there is one Senator wanted for said district, and if two Senators are wanted for said district, the names of the four persons having the highest number of votes in said district, and out of them shall elect, by joint vote, the Senator or Senators wanted for such district. And in this manner all such vacancies shall be filled in every district of the State; and in8

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N EW H AMPSHIRE like manner all vacancies in the Senate arising by death, removal out of the district, or otherwise, shall be supplied as soon as may be after such vacancies happen. A RT. 38. The Senate shall be final judges of the elections, returns and qualifications of their own members, as pointed out in this Constitution. A RT. 39. 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. A RT. 40. The Senate may appoint a President pro tempore and other officers, and determine their own rules of proceeding; and not less than twenty members of the Senate shall make a quorum for doing business; and when not more than twenty-two Senators shall be present, the assent of fifteen, at least, shall be necessary to render their acts and proceedings valid. A RT. 41. The Senate shall be a court with full power and authority to hear, try and determine all impeachments made by the House of Representatives against any officer, or officers, of the State, for bribery, corruption, mal-practice or mal-administration in office; with full power to issue summons, or compulsory process, for convening witnesses before them; but previous to the trial of any such impeachment, the members of the Senate shall respectively be sworn truly and impartially to try and determine the charge in question, according to evidence. And every officer impeached for bribery, corruption, mal-practice or mal-administration in office, shall be served with an attested copy of the impeachment and order of the Senate thereon, with such citation as the

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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 the 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 non-appearance notwithstanding; and such judgment shall have the same force and effect as if the person impeached had appeared and pleaded in the trial. A RT. 42. Their judgment, however, shall not extend further than removal from office and disqualification to hold or enjoy any place of honor, trust or profit under this State; but the party so convicted shall, nevertheless, be liable to indictment, trial, judgment and punishment, according to the laws of the land. A RT. 43. Whenever the Governor or Lieutenant Governor shall be impeached, the Chief Justice of the Supreme Court shall, during the trial, preside in the Senate, but have no vote therein.

Executive Power Governor A RT. 44. There shall be a supreme executive magistrate, who shall be styled Governor of the State of New Hampshire: and whose title shall be His Excellency. A RT. 45. There shall also be a Lieutenant Governor of the State, whose title shall be

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1851) His Honor; and whose duty it shall be to preside in the Senate; but he shall have no vote therein, except in case of an equal division. A RT. 46. The Governor and Lieutenant Governor shall be chosen biennially in the month of March; and the votes of these officers shall be received, sorted, counted, certified, and returned, in the same manner as the votes for Senators; and the Secretary shall lay the same before the Senate and House of Representatives on the first Wednesday of June biennially, to be by them examined; and in case of an election by a plurality of votes through the State, the choice shall be by them declared and published. And the qualifications of electors of Governor and Lieutenant Governor shall be the same as those of Senators. But should it ever so happen that there shall be no choice of Governor or Lieutenant Governor by a plurality of votes by reason of two or more persons voted for, for the same office, having an equal number of votes, then the Senate and House of Representatives shall by joint vote elect one of the two or more persons having the highest number of votes for said offices9 respectively; and shall declare him Governor or Lieutenant Governor as the case may be. And no person shall be eligible to either of these offices, unless at the time of his election he shall be of the age of thirty years, and shall have been an inhabitant of this State for seven years next preceding. A RT. 47. In cases of disagreement between the two Houses with regard to the time or place of adjournment or prorogation, the Governor shall have a right to adjourn or prorogue the Legislature not exceeding ninety days at any one time, as he may determine the public good may require. And he shall dissolve the same seven days before the first Wednesday of June biennially. And in case of any infectious distemper prevailing in the place where the said Legislature at

any time is to convene or10 any other cause whereby dangers may arise to the health or lives of the members from their attendance, the Governor may direct the session to be holden at some other, the most convenient, place within the State. A RT. 48. Every bill which shall have passed both branches of the Legislature 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 objections11 , to that house in which it shall have originated; who shall enter the objections12 at large on their journal and proceed to reconsider it. If after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with such objections, to the other house, by which it shall likewise be reconsidered and, if approved by two-thirds of that house, it shall become a law. But, in all such cases, the votes of both houses shall be determined by yeas and nays; and the names of the persons, voting for or against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within five days, (Sundays excepted) after it shall have been presented to him, the same shall become a law in like manner as if he had signed it, unless the Legislature by their adjournment prevent its return; in which case it shall not become a law. A RT. 49. 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 rules13 and limitations prescribed in the case of a bill. A RT. 50. All officers, whose election or appointment is not otherwise provided for, shall be nominated by the Governor and confirmed by a majority of the Senate; and every such nomination shall be made at

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N EW H AMPSHIRE least three days prior to such confirmation. The nomination shall be in writing, signed by the Governor, and the confirmation or rejection shall be signed by the presiding officer of the Senate. A RT. 51. Whenever the office of Governor shall become vacant by reason of his death, absence from the State, or otherwise, the Lieutenant Governor shall, during such vacancy, have and exercise all the powers and authorities with which the Governor, by this Constitution, is vested, when personally present; and in case the office shall become vacant by reason of the death of the Lieutenant Governor, or other cause, the President pro tempore of the Senate shall, during such vacancy, have and exercise the same powers and authorities; but when the Lieutenant Governor, or President pro tempore of the Senate, shall exercise the office of Governor he shall not preside in the Senate. A RT. 52. The Governor shall have full power and authority, in recess of the Legislature, to prorouge [sic] the same from time to time, not exceeding ninety days in any one recess, and during the sessions of said Legislature to adjourn or prorouge it to any time the two houses may desire, and to call it together sooner than the time to which it may be adjourned, or prorouged, if the welfare of the State should require the same. A RT. 53. The Governor of this State, for the time being shall be commander-in-chief of the army and navy, and all the military forces of the State, by sea and land; and shall have full power, by himself or by any chief commander, or other officer or officers, from time to time, to train, instruct, exercise and govern the militia and navy; to call forth the militia and to put in war like posture the inhabitants of the State; to execute the laws of the State and of the United States; to suppress insurrection and repel invasion; and, in fine, the Governor is hereby entrusted

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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 hereafter, by virtue of any power by this Constitution granted or hereafter to be granted to him by the Legislature, transport any of the inhabitants of this State, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the Legislature, nor grant any commissions for exercising the law martial in any case, without the advice and consent of the Senate. A RT. 54. No officer duly commissioned to command in the militia, shall be removed from his office but by the address of both houses to the Governor, or by fair trial in court martial, pursuant to the laws of this State for the time being. A RT. 55. The major generals, brigadier generals and commanding officers of regiments, shall appoint the staff officers of their divisions, brigades and regiments respectively; and captains and subalterns their non commissioned officers. A RT. 56. The companies, regiments, brigades and divisions 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. A RT. 57. The power of pardoning offences, except such as persons may be convicted of before the Senate, by impeachment of the House, shall be in the Governor; but no charter of pardon, granted by the Governor before conviction, shall avail the parties pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned.

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1851) A RT. 58. No moneys shall be issued out of the treasury of this State, and disposed of, (except such sums as may be appropriated for the redemption of bills of credit or treasurer’s notes, or the payment of interest arising thereon,) but by warrant under the hand of the Governor for the time being, for the necessary support and defence of this State, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the Legislature. A RT. 59. All public boards, the commissary general, all superintending officers of public magazines and stores, belonging to this State, and all commanding officers of forts and garrisons within the same, shall annually, on the first Wednesday of June, 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 all small arms with their accoutrements, and 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 officer14 shall exhibit to the Governor, when required by him, true and exact plans of such forts, and of the land and sea or harbor or harbors adjacent. A RT. 60. The Governor and Lieutenant Governor shall be compensated for their services from time to time by such grants as the Legislature shall think reasonable. A RT. 61. Permanent and honorable salaries shall be established by law for the justices of the Supreme Court. A RT. 62. And whereas the elections appointed to be made by this Constitution on the first Wednesday of June biennially, by the two houses of the legislature, may not be completed on that day, the said elections

may be adjourned, from day to day, until the same be completed. And the order of elections shall be as follows: The vacancies in the Senate, if any, shall be first filled up, the Governor and Lieutenant Governor shall then be elected, provided there should be no choice of those officers by the people.

Secretary and Treasurer A RT. 63. The Secretary of the State and State Treasurer shall be elected by the People, in the same manner, and for the same term, as is provided for the election of Governor. A RT. 64. The records of the State shall be kept in the office of the Secretary; and he shall attend the Governor, the Senate and Representatives, in person or by Deputy, as they may require. A RT. 65. The Secretary of the State shall at all times have a Deputy, to be by him appointed, for whose conduct in office he shall be responsible; and in case of the death, removal or inability of the Secretary, his Deputy shall exercise all the duties of the office of Secretary of this State, until another shall be appointed. A RT. 66. The Secretary, before he enters upon the business of his office, shall give bond with sufficient sureties, in a reasonable sum, for the use of the State, for the punctual performance of his trust.

County Treasurer, &c. A RT. 67. The County Treasurers15 and Registers of Deeds shall be elected by the inhabitants of the several towns, in the several counties of the State, according to the method provided in this Constitution and the laws of the State. A RT. 68. The Legislature, on the application of the major part of the inhabitants of

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N EW H AMPSHIRE any county, shall have authority to divide the same into two districts for registering deeds, if to them it shall appear necessary, each district to elect a Register of Deeds; and before they enter upon the business of their offices, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give bond with sufficient sureties, in a reasonable sum, for the use of the county, for the punctual performance of their respective trusts.

Judiciary Power A RT. 69. All judicial and other officers shall be duly commissioned and sworn; and the tenure they shall have by law in their offices shall be expressed in their respective commissions. A RT. 70. Each branch of the Legislature, and the Governor, shall have authority to require the opinion of the Attorney General upon important questions of law, and upon solemn occasions. A RT. 71. All causes of marriage, divorce and alimony, and all appeals from the respective Judges of Probate, shall be heard and tried by the Supreme Court, until the Legislature shall by law make other provision; and the Legislature shall have power to authorize the trial by jury of all cases in equity, under such rules and regulations as they may, from time to time, ordain or establish. A RT. 72. There shall be chosen in each town not less than two nor more than three Trial Justices, who shall have exclusive original jurisdiction in all civil causes where the amount in controversy shall not exceed fifty dollars, unless in cases where the title to real estate is concerned the Legislature shall otherwise provide; and the Legislature is authorized to extend the jurisdiction of such Justices to such further amount,

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not exceeding one hundred dollars in all, as they shall deem expedient; and in any cause pending before any Trial Justice, either party shall have the right to a trial by a jury, which shall consist of not more than six in number. In all cases where the amount in controversy shall exceed the sum of twenty dollars, either party shall have the right of appeal; but in all cases where a less amount shall be in controversy, the decision shall be final, both as to the law and the facts, subject only to such right of review as the Legislature may prescribe. And in all cases of appeal, the Legislature may provide that the party who appeals shall give security for the costs that may be recovered against him, and for the payment of double costs by such party in all cases in which the decision shall not be changed upon appeal.

A RT. 73. No Judge of any court, or Trial Justice, shall act as attorney, or be of counsel to any party, or originate any civil suit, in matters which shall come or be brought before him.

A RT. 74. Jurisdiction of matters relating to the probate of wills, and granting letters of administration, shall be exercised by the Judges of Probate in such manner as the Legislature have directed, or may hereafter direct; and the Judges of Probate shall hold their courts at such place or places, and on such fixed days, as the convenience of the People may require, and the Legislature from time to time appoint.

A RT. 75. No Judge or Register of Probate shall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any probate business which is pending, or may be brought into any court of Probate in the county of which he is Judge or Register.

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1851) Appointment of Public Officers and Tenure of Office A RT. 76. Judges of the Supreme Court, and other Judges having jurisdiction throughout the State, the Attorney General and Railroad Commissioners, shall be chosen, by ballot, by a plurality of the qualified voters throughout the State, and shall hold their offices for six years: provided, however, that the Legislature, in order that the Judges of the Supreme Court and the Railroad Commissioners may not all vacate their offices at the same time, may provide that those who may be first elected under this Constitution, may hold their offices for different and shorter periods. A RT. 77. County Judges, Judges of Probate, Registers of Probate, Sheriffs and County Solicitors shall be chosen by a plurality of the qualified voters in the several counties, and shall hold their offices for four years. A RT. 78. Police Magistrates shall be elected by the voters of cities for four years; and Trial Justices by the voters of towns for two years. A RT. 79. Officers of the Militia shall be elected, or appointed, in such manner as the Legislature shall from time to time direct, and shall be commissioned by the Governor. A RT. 80. Commissioners in other States, Bank Commissioners, Notaries Public, Justices of the Peace, Justices of the Quorum, Justices of the Peace throughout the State, Commissary General and other officers whose mode of appointment shall not be otherwise provided for in this Constitution, or by the Legislature, shall be appointed by the Governor with the consent of the Senate, and their duties and term of office shall be defined by the Legislature.

A RT. 81. The Superintendent of the Asylum for the Insane shall be appointed by the Trustees of that institution, and removable at their pleasure. A RT. 82. The Warden of the State Prison shall be appointed by the Governor with the consent of the Senate; and two Commissioners shall be appointed in the same manner, who, together with the Governor, shall constitute a board of Supervisors of the State Prison. And the Warden shall be removable at the pleasure of said board. The duties of said board shall be prescribed by the Legislature. A RT. 83. The Judges of the Courts, those of Probate excepted, shall appoint their respective Clerks, to hold their offices during pleasure; and no such Clerk shall act as an Attorney, or be of counsel in any cause in the Court of which he is Clerk, nor shall he draw any writ originating a civil action. A RT. 84. Officers shall be chosen, or appointed, to supply vacancies occurring in any public office, in the same manner in which the same was originally filled; but the Governor shall appoint in the16 case of vacancies occurring in the offices in which, according to the foregoing provisions, the election or appointment is to be made for the State at large, and also in the case of vacancies in the office of County Judges. A RT. 85. The Judges of Probate, in the several counties, shall fill vacancies in the office of Registers of Probate. A RT. 86. The County Judges, or, in case there shall at the time be no such Judges, the Governor, shall fill vacancies occurring in county offices. A RT. 87. The officers appointed to fill vacancies, in all the foregoing cases, shall hold their offices only until successors shall be chosen, or appointed, by the regular appointing power.

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N EW H AMPSHIRE A RT. 88. The Governor, upon address of both houses of the Legislature, except where a different mode of removal is provided, may remove any of the foregoing officers for incapacity or malversation in office.

Encouragement of Literature, &c. A RT. 89. The Legislature shall make provision for the establishment and maintenance of free common schools, at the public expense, and for the assessment and collection, annually, in the several towns and places in this State, of a sum not less than one hundred and twenty-five dollars for every dollar of State taxes, apportioned to them respectively, to be applied exclusively to the support of such schools. A RT. 90. The supervision of public instruction shall be vested in a State Superintendent, and such other officers as the Legislature shall direct. A RT. 91. The State Superintendent shall be chosen, biennially, by the qualified electors of the State, in such manner as the Legislature shall provide; his powers, duties and compensation shall be prescribed by law. A RT. 92. There shall also be chosen, biennially, by the qualified electors of the State, a Commissioner of Agriculture, whose duties and compensation shall be prescribed by law.

Oath and subscriptions; exclusion from offices; commissions; writs; confirmation of laws; habeas corpus; the enacting style; continuance of officers; provision for a future revision of the constitution, &c. A RT. 93. Any person chosen Governor, Lieutenant Governor, 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: “I, A. B. do solemnly swear and affirm that I will bear faith and true allegiance to the State of New Hampshire, and will support the Constitution thereof. So help me God. “I, A. B. do solemnly swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as –––––– according to the best of my abilities, agreeably to the rules and regulations of the 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, shall not be obliged to take said oath again; provided, always, when any person chosen or appointed as aforesaid shall be scrupulous of swearing, and shall decline taking the said oaths, such person shall take and subscribe them, omitting the word “swear” and likewise the words, “so help me God;” subjoining instead thereof “This I do under the pains and penalties of perjury.” A RT. 94. The oaths or affirmations aforesaid shall be taken and subscribed by the Governor and Lieutenant Governor, before the chief, or some other justice, of the Supreme Court, in presence of both houses

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FAILED C ONSTITUTION OF N EW H AMPSHIRE (1851) of the Legislature; and by the Senators and Representatives, before the Governor for the time being; and by all other officers before such person and in such manner as the Legislature shall, from time to time, direct. A RT. 95. 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. A RT. 96. All writs issuing out of the Clerks 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 one of the justices of the court; and be signed by the clerk of such court. A RT. 97. All indictments, presentments and informations shall conclude, “against the peace and dignity of the State.” A RT. 98. The estate of such persons as may destroy their own lives shall not, for that offence, be forfeited; nor shall any article which shall accidentally occasion the death of any person be henceforth deemed a deodand, or in any wise forfeited on account of such misfortune. A RT. 99. All the laws, which have heretofore been adopted, used and approved in the Province, Colony or State of New Hampshire, and usually practised on in the courts of law, and not repugnant to the provisions of this Constitution or the Constitution of17 the United States, shall remain and be in full force until altered or repealed by the Legislature. A RT. 100. The privilege and benefit of the habeas corpus shall be enjoyed in this State, in the most free, easy, cheap, expeditious and ample manner, and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a time not exceeding three months.

A RT. 101. The enacting style, in making and passing acts, statutes and laws, shall be – “Be it enacted by the Senate and House of Representatives.” A RT. 102. No Governor, Lieutenant Governor or judge of the Supreme Court shall hold any office or place under the authority of this State, except such as by this Constitution he is permitted to hold, saving that the judges of said court may hold the office of Justice of the Peace throughout the State; nor shall either of said officers hold any place or office, or receive any pension or salary from any other State, government, or power whatever. A RT. 103. No person shall be capable of exercising, at the same time, more than one of the following offices in this State, viz: Judge of Probate, Sheriff, Register of Deeds; and never more than two offices of profit, which may be held by appointment of the Governor, or Governor and Senate, or Senate and House of Representatives, or courts of law: military offices, and offices of justices of the peace, trial-justices,18 coroners and notaries public excepted. A RT. 104. No person holding the office of Judge of any court, Secretary or Treasurer of the State, Attorney General, Commissary General, military officers receiving pay from the United States, excepting officers of the militia occasionally called forth on an emergency, Register of Deeds, Sheriff, Members of Congress, or any person holding any office under the United States, shall at the same time hold the office of Governor or Lieutenant Governor, or have a seat in the Senate or House of Representatives; but19 his being chosen and appointed to, and accepting the same, shall operate as a resignation of his office of Governor, Lieutenant Governor, Senator or Representative; and the place so vacated shall be filled up.

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N EW H AMPSHIRE A RT. 105. No member of the Senate, or House of Representatives, shall be eligible to any office in the State government, within the gift of the executive, or legislative department, during the time for which he shall have been elected, justices of the Peace, Coroners, Notaries Public, Trial Justices and military officers excepted. A RT. 106. No person shall ever be permitted to hold a seat in the Legislature, or any office of trust or importance under this government, who, in the due course of law, has been convicted of bribery, or corruption, in obtaining an election or appointment. A RT. 107. In all cases where sums of money are mentioned in this Constitution, the value thereof shall be computed in gold and silver, according to the provisions of the laws of the United States for the time being. A RT. 108. 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 then be entered on their respective journals, with the yeas and nays taken thereon, and referred to the Legislature then next to be chosen, and shall be duly published. And if in the Legislature next afterwards to be chosen, such proposed amendment, or amendments, shall be agreed to by a majority of the members elected to each house, and the same be recorded on their journals, and the yeas and nays taken thereon as aforesaid, then it shall be the duty of the Legislature to submit such proposed amendment, or amendments, to the People, and if two-thirds of the qualified voters of this State present and voting thereon, at meetings duly called and warned for that purpose, shall approve and ratify the same, then such amendment, or amendments, shall become a part of the

428

Constitution: provided that no amendment, or amendments, shall be submitted to the People oftener than once in six years; and if more than one amendment be submitted, they shall be submitted in such manner and form that the People may vote for or against each amendment proposed to any20 and every provision of the Constitution separately. F RANK P IERCE President T HO [ MA ] S J.21 W HIPPLE Secretary

1

Verified by The Amended Constitution of the State of New Hampshire; with the Resolutions for Submitting the Amendments to the People, Concord, NH: Butterfield and Hill, State Printers, 1851, 16 p., and corrected according to the corrected manuscript included in the Convention Journal, preserved in the New Hampshire State Archives at Concord, N.H. Also checked against the printed version in Convention to Revise the Constitution, November 1850, Published by the State of New Hampshire, Secretary of State, Concord, N.H.: [s.n.,] 2005, 419–442, and against the version published in The Daily Patriot, January 4, 1851. Spelling, capitalization, and punctuation follow the corrected manuscript. Technically, the amended constitution was submitted to the people on March 11, 1851, in the shape of the following fifteen questions, on each of which a separate vote was taken: “Question 1st. – Do you approve of the Bill of Rights, as amended by the Convention?” Rejected by 23,359 to 14,738 votes. “2d. – Do you approve of a House of Representatives, to be constituted and chosen as provided in the amended Constitution?” Rejected by 33,652 to 6,189 votes. “3d. – Do you approve of a Senate, to be constituted and chosen as provided in the amended Constitution?” Rejected by 31,663 to 8,385 votes. “4th. – Do you approve of the provisions adopted by the Convention, on the subject of Governor and Lieutenant Governor?” Rejected by 27,970 to 9,589 votes. “5th. – Do you approve of the biennial election of Governor, Lieutenant Governor and Legislature, and of biennial sessions of the Legislature, as adopted by the Convention?” Rejected by 33,598 to 6,363 votes. “6th. – Do you approve of the amendments proposed by the Convention in relation to the election and appointment of County Judges, Judges of Probate, and other public officers, and their tenure of office?” Rejected by 27,067 to 13,099 votes. “7th. – Do you approve of the amendments proposed relating to Trial Justices and Courts, and their jurisdiction?” Rejected by 25,608 to 14,121 votes. “8th. – Do you approve of the abolition of the religious test and property qualification,

FAILED C ONSTITUTION OF N EW H AMPSHIRE (1851) as proposed in the amended Constitution?” Rejected by 25,670 to 13,836 votes. “9th. – Do you approve of the mode of making future amendments of the Constitution, as proposed in the amended Constitution?” Rejected by 26,165 to 13,253 votes. “10th. – Do you approve of the amendment providing that the Judges of the Supreme Court and the Attorney General shall be elected by the People, and the tenure of their offices?” Rejected by 29,444 to 10, 328 votes. “11th. – Do you approve of the amendment requiring the election of a Superintendent of Public Instruction, as provided in the amended Constitution?” Rejected by 30,967 to 8,486 votes. “12th. – Do you approve of the amendment requiring the election of Commissioner of Agriculture, as provided for in the amended Constitution?” Rejected by 31,741 to 7,745 votes. “13th. – Do you approve of the amendment, provided in the amended Constitution, for deciding all elections by a plurality vote?” Rejected by 30,702 to 8,690 votes. “14th. – Do you approve of the amendment abolishing the Council?” Rejected by 26,531 to 12,500 votes. “15th. – Do you approve of the other alterations and amendments, as made in the amended Constitution?” Rejected by 28,574 to 10,158 votes (the figures are compiled from the votes by county provided by James Fairbanks Colby, Manual of the Constitution of the State of New Hampshire, Concord, NH: [s.n.,] 1902, 212–213. They differ slightly from those in the 2005 print of the Convention Journal, 287–378; the text of the questions in manuscript of the Convention Journal, in Butterfield and Hill print, 16,

in The Daily Patriot, 4, and in 2005 print, 441–442). With the amended Constitution thoroughly defeated, the Convention, in its session of April 17, 1851, proposed three new amendments to the Constitution of 1784 (q.v.).- In Butterfield and Hill print, 3, “of the State” in heading added. 2 In 2005 print, 420, “on”. 3 In corrected manuscript, and in 2005 print, 421, “lead”. 4 In 2005 print, 421, “season”. 5 Ibid., 422, “persons”. 6 Ibid., 423, “punishment”. 7 Ibid., 426, word missing. 8 In Butterfield and Hill print, 9, and in The Daily Patriot, 3, “in a”. 9 In 2005 print, 431, “officers”. 10 Ibid., “on”. 11 Ibid., “objection”. 12 Ibid., “objection”. 13 Ibid., 432, “votes”. 14 Ibid., 433, “of ficar”. 15 Ibid., 434, “Treasurer”. 16 In The Daily Patriot, 4, “the the”. 17 In corrected manuscript, “or”; in 2005 print, 439, “or [sic]”. 18 In 2005 print, 439, “trial-justices,” missing. 19 In Butterfield and Hill print, 15, and in The Daily Patriot, 4, word missing. 20 In Butterfield and Hill print, 15, “say”. 21 In 2005 print, 440, “Thom”.

429

Amendments of 1851–52 Amendments to the Constitution of New Hampshire recommended at an adjourned session, held the 16th and 17th day of April 1851 by the Convention appointed for that purpose1 1. Resolved, That no belief in the doctrines of any particular religious sect shall be required as a test for holding office, or be entitled to any preference whatever under the constitution. And this amendment shall be effected by striking from it, in Part 2d, Section 14th, the words “shall be of the Protestant religion;” and from section 29th the words “who is not of the protestant religion;” and from section 42d the words “and unless he shall be of the Protestant religion.” And in the Bill of Rights (Art 6th) the word “Protestant.”

2. Resolved, That no particular qualification by property shall be requi[r]ed for holding any office under the Constitution, And this amendment shall be effected by striking from it in Part 2d, Section 14th, the words “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:” and from section 29th the words “and seized of a freehold estate in his own right of the value of a hundred pounds lying within this State;” and Section 42d the words “and unless he shall at the same time have an estate of the value of five hundred pounds, one half of which shall consist of a freehold in his own right within this State.”

430

3. Resolved, That a less expensive mode of amending clauses in the Constitution, with proper guards against too great frequency and haste, should be prescribed. And that this amendment be effected by striking out in 2d part the 99th and 100th sections and inserting these words: “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 then be entered on their respective journals, with, the yeas and nays taken thereon, and referred to the legislature then next to be chosen, and shall be duly published. And if, in the Legislature next afterwards to be chosen, such proposed amendment or amendments shall be agreed to be a majority of the members elected to each house and the same be recorded on their journals, and the yeas and nays taken thereon as aforesaid, then it shall be the duty of the legislature to submit such proposed amendment or amendments to the People: and if two-thirds of the qualified voters of this State present and voting thereon at meetings duly called and warned for that purpose, shall approve and ratify the same, then such, amendment or amendments shall become a part of the Constitution: provided that no amendment or amendments shall be submitted to the

A MENDMENTS OF 1851–52 people oftener than once in ten years, the Legislature to fix the first year for such purpose2 , and the number afterwards to be computed from that; and if more than one amendment be submitted, they shall be submitted in such manner and form that the people may vote for or against each amendment proposed to any and every provision of the Constitution separately.”

1

Verified by Journal of the Convention to revise the Constitution of the State of New Hampshire November 6, 1850, fol. 566–568 (original manuscript preserved in the State Archives of New Hampshire at Concord, N.H.) and checked against Convention to Revise the Constitution, November 1850, Published by the State of New Hampshire, Secretary of State, Concord, N.H.: [s.n.,] 2005, 379–380. The three amendments fared

differently. As in 1792 (q.v.) the proposal for abolishing the protestant religion as a qualification for office was thoroughly rejected (by 9,566 affirmative against 12,082 negative votes), whereas a large majority supported the abolition of property requirements for office holders (15,297 affirmative against 5,799 negative votes). Lastly, the proposal for reforming the amending process narrowly failed to achieve the required two-thirds majority (12,500 affirmative against 6,906 negative votes) (cf. James Fairbanks Colby, Manual of the Constitution of the State of New Hampshire, Concord: [s.n.,] 1902, 218). Therefore, in his proclamation of September 16, 1852, the Governor only declared the second proposal to be adopted and part of the Constitution of 1784 (q.v.) (The Compiled Statutes of the State of New Hampshire: To Which are Prefixed the Constitutions of the United States and of the State of New Hampshire. Published by Order of the Legislature, Concord: Butterfield & Hill, State Printers, 1853, 42). 2

In 2005 print, 379, “purposes”.

431

Index

apportionment of representatives, 24–25, 42, 43, 69–70, 98–99, 130, 155, 205, 222–223, 307–308, 328, 332, 346, 349, 364, 366, 396, 418 – by geographical units, 89, 108, 185, 251– 252, 330, 331 – by inhabitants, 11–12, 27, 38, 43, 44, 51, 53, 54, 58, 59, 71, 89, 108, 126, 142, 144, 174–175, 194–195, 223–224, 273, 282, 290–291, 295, 318, 348, 366, 396, 416–417 – by tax revenue, 328, 346, 364, 378, 397 auditor general, 96, 105, 129–130 capital punishment, 325, 343, 361, 392– 393, 412 census, 11–12, 43, 51, 53, 54, 58, 59, 71, 82, 89, 98–99, 108, 144, 174–175, 185, 194, 205, 223, 291 church, 19–20, 63–64, 323–324, 341–342, 359–360, 376, 391–392, 411 – autonomy of the church/of churches, 50 – separation of church and state, 10, 112, 140, 171–172, 182, 191, 225, 246, 292, 304 citizenship, 153, 203 – loss of, 130 commerce, 125 constitution, 83, 98, 129–131, 155–157, 306–307, 309 – amendment of, 13, 46–84, 96–97, 127, 129–131, 153, 204, 244, 245, 271–304, 320, 340, 356, 374, 387, 407, 428, 430 – – constitutional convention, 38, 83–84, 97–98, 127, 153, 183–184, 340, 356, 374, 387, 407 – constitutional review, 83, 127, 231, 296, 340, 356, 387, 407 – fundamental principles, 326–327, 345, 363, 394–395, 414 corporations, 20, 85, 122–124, 126–127,

135, 150–152, 165–167, 170, 182, 241, 302–303, 416 debtors, 85, 116–117, 124, 140, 172, 192, 248, 305–306 economy, 326, 344, 363, 394, 414 – banking, 85, 122–123, 135, 151, 182, 211, 241, 286, 303 – regulations, 15 education, 32, 34, 35, 56, 80–82, 95, 120– 121, 149, 183, 203, 241, 301–303, 337, 354, 372, 414–415 – common schools, establishment of, 95, 120, 149, 240–241, 301–302, 426 election, eligibility for, 64, 148–149, 251– 252 – age, 112, 145, 174–175, 177, 181, 194– 195, 197, 199, 223, 231, 239, 290–291, 296, 300, 318, 330, 332, 348, 350, 365, 367, 378, 381, 383, 386, 398, 400, 404, 418–419, 421 – citizenship, 72, 90–91, 108, 112, 145, 174–175, 177, 194–195, 199, 223, 231, 290–291, 296, 300 – disqualifying attributes, 10, 14–15, 37, 79, 90, 108, 111, 113, 176–177, 182, 196, 202–203, 225–226, 292, 295, 339, 349, 356, 366, 373, 374, 381, 407, 427– 428 – gender, 223, 290–291, 318 – property, 10, 26–29, 32, 37, 54, 174–175, 177, 192, 318, 330, 331, 348, 365, 378, 381, 383, 400, 430 – race, ethnicity, 223, 290–291, 332, 349, 350, 366, 367, 381, 398 – religion, 15, 32, 318, 330–332, 348–350, 365–367, 398, 400, 430 – residence, 10, 26–29, 32, 54–56, 60, 69– 70, 72, 75, 83, 91, 112, 144–147, 174– 175, 182, 194–195, 197–199, 223, 231,

433

I NDEX 290–291, 296, 300, 318, 329–332, 347– 350, 364–367, 378, 381, 383, 398, 400, 417–419, 421 elections, 10–13, 15–16, 33–34, 42, 48, 54– 56, 61, 69–70, 72, 75, 77–78, 80, 83, 89, 117–118, 126, 129–130, 144–145, 147– 148, 155–157, 174, 177, 193–194, 196, 198, 204–205, 209, 213, 217, 224–226, 236–237, 291–292, 298, 306, 309, 336, 353, 370, 378, 379, 383–385, 398, 402– 404, 416, 418–419, 423, 425 – contestation of, 111, 177, 199, 235, 292– 293, 298 – election committee, 11, 13, 25–26, 29, 70, 72, 80, 97–98, 129–130, 157, 251, 319, 329, 331, 333, 347, 350, 365, 368, 379, 398, 419 – election day, 11–12, 25–26, 28, 32–34, 41, 42, 48, 54–56, 69–72, 75, 77, 83, 89, 91, 97–98, 104, 111–112, 148, 156, 174, 177, 184–185, 194, 196, 204–205, 213, 217, 224, 252–253, 278, 281, 291, 300, 308–309, 318, 331, 335–337, 352–354, 371 – electoral returns, 11, 25–26, 28–29, 55, 56, 75, 91, 97–98, 129–130, 142, 145, 156–157, 175, 177, 183, 185–186, 195, 199, 203, 226, 235–237, 251–253, 292– 293, 298, 318, 319, 329, 331, 333, 347, 350, 365, 368, 380, 399, 420 – voter registration, 25–26, 77 – voting procedure, 318, 319, 331 – – ballot, 10–13, 15, 26–27, 29, 32–34, 54, 56, 77, 89, 117, 129, 131, 148, 156– 157, 174, 177, 194, 199, 329, 333, 335, 336, 347, 349, 350, 352, 353, 365, 366, 368, 370, 379, 381, 383, 399, 400, 402, 403, 417, 425 – – viva voce, 69, 90, 109, 144–145, 178– 179, 227, 293, 416 electoral districts, 11–12, 24–26, 42, 43, 51, 53–55, 58, 59, 69–71, 74–75, 84, 88– 90, 97–99, 102, 104, 108, 130, 144, 148, 155, 173–175, 193–195, 223–224, 290– 291, 313, 318, 328–331, 346, 347, 349,

434

364–366, 378, 381, 384, 385, 397, 398, 403, 404, 417–418, 423–424 electoral principles – equal elections, 64, 131, 246, 304, 324, 342, 360, 392, 412 – free elections, 21, 64, 246, 304, 324, 342, 360, 392, 412 – general elections, 103, 131 – majority principle, 55, 77 executive, 28, 72, 89, 91, 107, 141, 145, 173, 177, 193, 199, 222, 231, 290, 296, 326, 344–345, 363, 394, 400, 414 – council of state, 16, 26, 28–30, 32–34, 41, 44–45, 48, 51, 54–56, 61, 69–70, 72– 76, 78, 80–82, 328, 329, 332–339, 346, 347, 349–356, 363, 365, 367–373, 379, 382–384, 387, 395, 397, 398, 400–406, 415–416, 419 – duties – – state of the government address, 178, 200, 232, 296 – head of state, 10, 12–15, 28–29, 31–33, 37, 41, 48, 55, 72–75, 77–79, 91–92, 96– 98, 112–113, 118, 120, 128–130, 145, 152–153, 177, 179, 184–185, 196, 199, 201, 229–232, 234–235, 252–253, 264– 265, 292, 295–297, 332, 333, 335–339, 350, 352–356, 367, 368, 370–373, 379, 381, 383, 384, 387, 398, 400–403, 405, 406, 419–423, 426–427 – – competencies, 14–16, 23, 26, 28–31, 33–34, 37, 42, 45, 51, 54, 56, 61, 67– 70, 72–74, 76, 78–82, 90–95, 109, 112– 115, 118, 120, 142–143, 145, 147, 165– 167, 176–178, 180–181, 184–185, 195, 197, 199–201, 217, 224–236, 239–240, 242, 253–254, 266, 267, 275, 278, 281, 291–292, 296–301, 303, 306– 307, 309, 327, 329, 332–338, 345, 347, 349–355, 365, 367–369, 371, 373, 382, 384, 387, 397, 400–403, 405, 406, 421– 423, 425–427 – members, 10, 14–15, 31–33, 70, 72, 74– 75, 91–93, 96, 112–113, 118, 123, 129– 130, 145–146, 152, 176–177, 179, 183, 196–197, 199, 234–236, 279, 292, 297–

I NDEX 298, 329, 338, 339, 347, 355, 356, 365, 373, 384, 385, 402, 403, 420–421, 423, 426 – – appointment, 230, 295 – – election, 10, 12–13, 15, 28–29, 32– 33, 41, 42, 48, 55, 56, 72, 74–75, 77– 78, 91–92, 97–98, 105, 112, 117–118, 121, 128–130, 156, 177–179, 184–185, 199–201, 209, 213, 231–232, 234–235, 252–253, 279, 296–298, 332, 333, 335, 336, 350, 352, 353, 367, 368, 370, 371, 379, 381, 383, 384, 398, 400, 403, 419, 421, 423, 426 – – impeachment, 14–15, 92, 113, 120, 152–153, 179, 181, 202, 229–230, 234– 236, 279, 295, 297–298, 400, 420 – – inability to serve, 14, 32–33, 74–75, 92, 113, 179, 201, 234–235, 297, 335, 352, 370, 383, 384, 401, 403, 422–423 – – length of term, 15, 33, 41, 42, 48, 56, 72, 74–75, 91, 93, 96, 112, 118, 121, 145–146, 168, 177–179, 199–201, 215, 217, 231–232, 234–236, 279, 296– 298, 332, 350, 367, 381, 400, 421, 426 – – plurality of offices, 15, 37, 46, 75, 78– 79, 92, 113, 225, 292, 295, 339, 356, 373, 387, 406, 427 – – qualifications, 10, 13, 15, 28–29, 32, 72, 74–75, 91, 177, 179, 199, 231, 234, 296–297, 335, 352, 370, 381, 400, 402, 421 – – re-eligibility, 75, 199, 232, 296, 335 – – remuneration, 31–32, 74, 92, 113, 118, 145–146, 177, 179, 199, 201, 234–235, 264–265, 297–298, 335, 352, 370, 402, 423 – – responsibility, 74–75, 92–93, 178, 200, 235–236, 279, 298, 384, 403, 423 – – right of attendance in legislature, 10, 75, 234, 297, 368 – ministers, 81, 376 – powers – – adjourning legislature, 13–14, 29, 73, 92, 119, 177, 200, 333, 350, 368, 382, 400, 401, 421–422 – – appointing power, 14, 30, 45, 73, 76,

79–80, 93–95, 145, 185, 234–236, 239–240, 242, 266, 275, 281, 297–301, 334, 351, 352, 369, 382, 384, 401, 403, 421–423, 425 – – – vacancies, filling of, 45, 56, 61, 80, 82, 91–92, 113, 115, 118, 120, 143, 145, 147, 176, 178, 184, 195, 197, 224–233, 235–236, 267, 278, 291– 292, 296–297, 309, 384, 403, 425 – – budgetary powers, 73, 328, 334, 346, 352, 363, 369, 395, 402, 415–416, 423 – – – emergency budgetary powers, 31 – – convoking legislature, 13–14, 29, 67, 73, 92, 113, 145, 177, 200, 217, 232, 296, 333, 350, 368, 382, 400, 401, 421– 422 – – dissolving legislature, 13–14, 29, 333, 350, 382, 400, 421 – – judicial powers, 28, 34, 69, 179, 351, 368, 401 – – legislative powers, 234, 297, 303, 333, 350 – – – executive orders or ordinances, 30 – – – sanctioning of laws, 23, 42, 67–68, 90–91, 109, 142–143, 178, 200, 233, 296–297, 327, 345, 382, 400, 421 – – – veto power, 23, 42, 67–68, 90–91, 109, 142–143, 145, 178, 200, 233, 296–297, 327, 345, 382, 400, 421 – – military commanding power, 13–14, 30, 79, 91–92, 112–113, 145, 177, 180, 199, 201, 232, 296, 333, 351, 368, 401, 422 – – pardoning power, 13–15, 30, 73, 92, 113, 145, 178, 200, 232, 296, 334, 351, 369, 402, 422–423 – – removal power, 33, 45, 76, 82, 120, 180–181, 199, 301, 334, 336, 351, 353, 371, 426 – – war and peacemaking, 30, 112, 333, 351, 368, 401, 422 – relation to other branches, 13–14, 92–93, 112–113, 145, 232, 296, 333, 335, 350, 353, 404

435

I NDEX government – federal - state relations, 15, 20, 34, 97– 98, 141, 182–185, 242–243, 252–253, 265, 268, 277, 289–290, 301–302, 337, 354, 371, 372, 386 – – admission into federation, 141, 146 – finances, 16, 87, 112, 122–123 – – public debt, 103, 122–123, 135, 150, 165–167, 170, 202–203, 287, 294, 416 – – revenue, ordinary and extraordinary, 150, 182, 202 – form of, 22, 65–66, 294, 317, 323–324, 341–342, 359–360, 391–392, 411–412 – subnational government, 111 – – municipal government, 42, 68–69, 118–119, 121, 126, 152, 214 – – – municipal officers, 15, 25–26, 29– 30, 37, 45, 56, 58, 70, 73, 75–76, 78, 81–82, 94, 97–98, 118–120, 125– 126, 128, 130, 152–153, 176, 178– 179, 184–186, 196, 198–199, 201, 225, 236–237, 252–253, 292, 296, 298, 319, 329, 333, 334, 339, 347, 350, 351, 356, 365, 368, 369, 379, 382, 385, 386, 398, 401, 402, 404, 419–420, 423, 425, 427 – – provincial subdivisons (counties etc), 102, 183–186, 376 – – supervision of local government, 68– 69, 123 – suits against the state, 85, 118, 182, 203, 218–228, 293 hereditary distinctions, outlawed, 20, 64, 173, 193, 249, 306, 324, 342, 360, 392, 412 infrastructure, 96, 119 – railroad, 122–123, 165–167 – roads, 96, 111, 122–123, 125–126, 214, 241 judiciary, 76, 89, 93, 107, 141, 146, 173, 180, 193, 197, 222, 237, 290, 299, 326, 344–345, 363, 394, 414 – attorney general, 15, 56, 77, 93–94, 105, 117–118, 128–129, 145, 152, 176, 181,

436

196, 199, 213, 217, 225, 229–230, 240, 264, 279, 292, 295, 300–301, 319, 334, 351, 369, 382, 401, 424–425 – courts, 13, 68, 81, 172, 192, 301, 327, 345 – – appellate court, 197 – – court of sessions, 76 – – courts of equity, 180, 197–198, 208, 216, 237–239, 265, 300, 386 – – inferior courts, 24, 76, 93, 114–116, 128, 146–147, 180, 197–199, 212, 236– 239, 264–265, 268, 270, 275, 276, 281, 298–300, 319, 385, 386, 404 – – local courts, 93, 114, 146–147, 268, 299–300 – – military courts, 334, 351 – – supreme court, 31–32, 76, 93, 114– 115, 146, 180, 197, 237, 265, 299–301, 337, 354, 371, 404, 424, 427 – – – as appellate court, 114, 146, 197, 237, 299, 404, 424 – – – judges, 15, 76, 93, 114–116, 128– 130, 181, 198–199, 230, 265, 295, 299, 301, 335, 339, 352, 356, 370, 386, 402, 404, 423, 426–427 – – – – appointment, 105, 146, 156, 180, 197, 199, 239, 264, 266, 267, 275, 278, 299, 309, 319, 425, 427 – – – – chief justice, 94, 114, 120, 146, 400, 420, 426–427 – – – – impeachment, 94, 120, 152, 229– 230, 239–240, 295 – – – – incompatibility with other offices, 10, 15, 37, 46, 78–79, 93, 105, 147, 225, 292, 295, 339, 356, 373, 406, 427 – – – – number, 114, 146, 180, 197, 237, 299 – – – – qualifications, 114, 147, 181, 197, 239, 300, 386, 404 – – – – tenure, 15, 23, 66, 76, 93, 105, 115, 146, 197, 215, 239, 265–266, 270, 275, 278, 299, 309, 326, 344, 362, 377, 394, 414, 425 – judges, 15, 34, 75–76, 82, 90, 114–116, 118, 126, 128, 130, 147, 180–181, 185,

I NDEX 197–199, 239–240, 265–266, 298, 300– 301, 314, 319, 336, 338, 339, 353, 355, 356, 371, 373, 386, 404, 405, 424–425 – – appointment or election, 76–77, 93, 114–116, 121, 146–147, 156, 180, 197– 199, 238, 264–268, 270, 275–276, 281, 299–300, 308–309, 319, 424–425 – – incompatibility with other offices, 37, 46, 78–79, 114–115, 147, 225, 292, 295, 299, 339, 356, 373, 406, 427 – – legally competent judges, 147, 197, 418 – judicial districts, 114, 121, 126, 129– 131, 139, 146–147, 156, 180, 197, 237– 238, 266, 281, 299–300 – jurisdiction, 20, 76, 115, 128, 141, 147– 148, 180, 197–199, 237–238, 265, 300, 385, 386, 404, 424 – – appellate, 114, 146–147, 238, 424 – – original, 114, 146–147, 180, 197–198, 238, 424 – – restrictions upon, 386 – local judicial officers, 15, 30, 33–34, 45– 46, 73, 75–77, 82, 88, 90, 93–94, 114– 116, 120, 123, 126, 146–148, 156, 176, 180–181, 196–199, 225, 238–240, 253, 268, 292, 299–300, 308–309, 314, 319, 334, 336–339, 351, 353–356, 369, 371, 373, 377, 382, 386, 401, 404–406, 424– 425, 427 – relation to other branches, 33–34, 265, 336, 353, 371 – remuneration, 23, 31–32, 66, 93, 118, 126, 147, 180, 185, 197–198, 239, 265, 299, 326, 335, 344, 352, 362, 370, 377, 394, 402, 414, 423 – trials, 41, 84, 325, 343, 361, 385, 393, 412–413, 424 – – hearing of evidence, 87, 116, 172, 191 language – official language, 125, 301 law, 69, 83, 88, 91, 103, 110–112, 117, 122– 123, 126, 128–130, 143–144, 146, 149– 151, 181–182, 231, 294, 296, 326, 339,

344, 355, 356, 362, 373, 394, 406, 413– 414, 427 – codification of existing bodies of law, 320 – transitional provisions, 16, 37–38, 42, 48, 79, 82, 96–97, 127–128, 130, 154– 155, 184, 204, 215, 217, 249–250, 253, 278, 306, 317, 319, 338, 339, 355, 356, 373, 374, 406, 422, 427 – uniformity of, 15–16, 37–38, 79, 93, 117, 198, 406 legislature, 10, 22–23, 66–67, 78, 89, 107, 141, 173–174, 193–194, 222, 290, 326– 327, 344–345, 363, 376, 394–395, 414– 415 – convocation of, 67, 204–205, 217, 327, 345, 363, 395, 415 – joint sessions, 23, 32–33, 41, 48, 91, 111, 141–142, 169, 230–231, 295, 309, 319, 326, 344, 362, 377, 394, 414 – lower house, 10, 13, 23, 27, 33, 67, 71, 89, 108, 141–142, 174, 194, 222, 290, 313, 318, 327, 345, 363, 395, 415 – – members, 44, 58, 89, 128, 142–143, 330, 337, 339, 354, 356, 372, 378, 396, 405, 407, 416, 426 – – – election, 11–13, 27–28, 38, 41–43, 48, 55, 69, 71–72, 77, 89–90, 97–98, 104, 108–109, 111, 129, 142, 144, 155–156, 174–175, 177, 179, 184– 185, 194–196, 204–205, 209, 213, 222–223, 226, 251–253, 273, 290, 292–293, 318, 319, 330–332, 348, 349, 366, 396, 416–418, 423 – – – immunity, indemnity, 28, 44, 66, 69, 90, 108–109, 142, 176, 195, 227– 228, 293, 326, 332, 344, 349, 362, 367, 394, 397, 414, 417–418 – – – incompatibility, 10, 44, 78–79, 110– 111, 176–177, 196, 225, 292, 339, 356, 373, 387, 406 – – – leader of lower house, 69, 176, 196, 201, 273 – – – length of term, 27–28, 42, 71, 89, 108, 144, 174, 194, 215, 219, 222–

437

I NDEX 223, 290, 319, 332, 349, 366, 396, 417 – – – mandatory attendance, 58, 90, 109, 142, 175, 195, 226, 292–293 – – – plurality of offices, 37, 46, 78, 90– 91, 108, 142, 176, 196, 295, 320, 339, 356, 373, 387, 406, 427 – – – qualifications, 10, 13, 15, 54, 69, 72, 90, 108–109, 144, 174–175, 194– 195, 223, 226, 290–293, 349, 366, 381, 417–418 – – – remuneration, 44, 67, 91, 109–110, 137, 142, 176, 196, 228, 250–251, 273, 285, 293, 318, 320, 332, 381, 397, 417 – – – speaker, 15, 28, 92, 110, 145, 175– 177, 195–196, 199, 201, 227, 234– 235, 252–253, 293, 297–298, 314, 319, 332, 349, 367, 397, 418 – – – vacancy, 26, 90, 96, 108, 113, 176, 195, 201, 224–292, 319, 331, 332, 339, 349, 356, 367, 381, 384, 397, 403, 417 – – powers, 13, 22, 24, 27, 29, 33–34, 37, 41–42, 45, 66, 68–69, 72–73, 76–77, 82–85, 94, 111–116, 118, 123, 143, 146, 148, 150–151, 153, 175, 178– 182, 195, 199–201, 203, 209–210, 237– 240, 293–294, 299, 301, 303, 326– 327, 344–345, 362–363, 381, 384, 385, 394–395, 400, 401, 403, 404, 414–415, 423–427 – – – adjournment, 13, 27–28, 58, 67, 69, 90, 98, 109, 111, 137, 142–144, 176, 195–196, 226–227, 233, 250–251, 292–293, 296–297, 314, 319, 332, 349, 350, 367, 381, 397, 417 – – – appointing power, 13–14, 61, 118, 178–179, 200, 227, 230, 264, 266, 289, 293, 295, 314, 319, 418 – – – – confirmation of appointments, 93– 95, 118, 145, 234–236, 297–298 – – – appropriation of funds, 56, 81, 85, 95, 149, 151, 241 – – – budgetary power, 326, 344, 363, 394, 414

438

– – – bylaws, 90, 109, 142, 175, 195, 226– 227, 293 – – – impeachment, 14–15, 28, 72, 94, 119–120, 143, 152, 181, 201–202, 230, 295, 332, 349, 367, 369, 370, 380, 384, 397, 399, 402, 403, 417, 420 – – – judiciary functions, 28, 69, 142–143, 175–176, 195, 226–227, 293, 328, 332, 346, 349, 363, 367, 395, 397, 415–416, 418 – – – legislation, 111, 326, 328, 344, 346, 362–363, 377, 394–395, 413–416 – – – – legislative initiative, 13, 22, 24, 66, 68, 90, 109, 172, 176, 192, 196, 227, 293, 317, 319, 325, 343, 361, 393, 413, 430 – – – – passage of bills, 137, 144, 176, 196, 227, 293, 327, 345, 382, 400, 421 – – – – – majorities, 23, 46–68, 84, 90– 91, 109–110, 142–143, 178, 200, 233, 244, 296–297, 327, 345, 382, 400, 421, 428, 430 – – – – promulgation, 46–84, 111, 231, 244, 296, 428 – – – – reading of bills, 110, 143–144, 176, 196, 227, 244, 293 – – – – restrictions, 96, 112, 123, 182, 317, 320 – – – – – bills of attainder, 88, 112, 140, 192 – – – – – constitutionality of laws, 306, 328, 346, 363, 395, 415–416 – – – – sanctioning of laws, 90, 176, 196, 227, 293, 314 – – – – taking effect of law, 23, 42, 46– 68, 84, 90–91, 109–110, 123, 142– 143, 170, 176, 178, 196, 200–202, 233, 296–297, 327, 345, 382, 400, 404, 421 – – – – tax, revenue legislation, 13, 28, 68, 72, 96, 112, 122, 142–143, 150, 176, 182, 196, 202, 230, 249, 295, 306, 314, 319, 328, 332, 346, 349, 363, 367, 395, 397, 415–417

I NDEX – – procedures, 13, 319 – – – budget report, 96, 125, 150–151, 182, 230, 295 – – – dissolution, 23, 377 – – – duration of session, 41, 48, 377 – – – election of officers, 28, 68–69, 90, 109, 142, 175, 226, 292–293, 314, 319, 332, 349, 367, 397 – – – first/constitutive session, 98, 128, 130, 153, 155, 174–175, 177, 194, 196, 223–224, 237–238, 250–251, 265, 291, 309, 319, 331, 348, 366, 396 – – – journal, 23, 45–84, 90–91, 109–110, 142–145, 150, 178–181, 199–200, 202–203, 227, 233, 239–240, 293, 296–297, 301, 382, 400, 421, 428 – – – – publication of, 176, 195, 226–227, 293, 332, 350, 367, 381, 397, 418, 430 – – – quorum, 13, 28, 44, 58, 72, 90, 109, 142, 175, 195, 226, 292–293, 320, 332, 349, 367, 397, 417 – – – resolutions, 90–91, 109, 120, 143, 178, 200–201, 232–233, 296–297 – – – sessions open to public, 90, 109, 143, 176, 195, 227, 293, 378, 396, 416 – – – votes, 69, 90, 113, 178, 200–201, 333, 350, 368 – official seat, 91–92, 96, 107, 111, 113, 117–118, 137, 141–142, 146, 150–151, 153, 177, 196–197, 199–200, 204–205, 230, 234, 243, 250–251, 253, 279, 295, 297, 299, 302, 319 – powers, 16, 33–34, 38, 80, 105, 110–111, 121–124, 126, 130, 182–183, 203, 228, 253, 265–266, 272, 273, 278, 279, 281, 286, 287, 303, 314, 318–320, 323–328, 331, 332, 334, 336, 338–342, 344–346, 351, 353, 355, 356, 359–360, 362, 364, 371, 377, 383, 385, 386, 391–394, 396, 404, 411, 413, 415, 426 – structure – – bicameral, 10, 23, 67, 89, 108, 141–

142, 174, 222, 290, 313, 318, 327, 345, 363, 395, 415 – third and further houses or chambers – – members – – – election, 226 – upper house, 10, 13, 23, 33, 67, 89, 108, 110, 141–142, 174, 194, 222, 290, 318, 327, 345, 363, 395, 415 – – members, 53, 59, 89, 128, 130, 142– 143, 175, 194–195, 329, 337, 339, 347, 354, 356, 365, 370, 372, 378, 396, 397, 405, 407, 416, 418, 426 – – – election, 11–13, 24–27, 41–43, 48, 55, 69–70, 77–78, 89–90, 97–99, 108–109, 111, 129, 142, 144, 155, 175, 177, 184–186, 195–196, 204– 205, 209, 213, 223–224, 226, 251– 253, 291–293, 313, 314, 318, 319, 328–330, 346–348, 364, 365, 378– 380, 398, 399, 416–420, 423 – – – immunity, indemnity, 44, 66, 69, 90, 108–109, 142, 176, 195, 227–228, 293, 326, 332, 344, 349, 362, 367, 394, 397, 414, 417–418 – – – incompatibility, 10, 44, 78–79, 111, 176–177, 196, 225, 292, 339, 356, 373, 387, 406 – – – leader of upper house, 13–14, 27, 69, 78, 91–92, 110, 113, 145–146, 176, 179, 195–196, 201, 227, 234–235, 253, 273, 293, 297–298, 313, 314, 319, 320, 330, 335, 338, 348, 352, 355, 366, 368, 379, 380, 383, 387, 399, 401, 405, 420–422 – – – length of term, 11–12, 24–25, 42, 69–70, 89, 108, 144, 175, 195, 215, 219, 223–224, 291, 319, 378, 397, 418 – – – mandatory attendance, 59, 70, 90, 109, 142, 175, 195, 226, 292–293 – – – plurality of offices, 15, 32–33, 37, 46, 78, 90–91, 108, 142, 176, 196, 295, 320, 339, 356, 373, 387, 406, 427 – – – qualifications, 10, 12–13, 15, 26, 54, 69–70, 90, 108–109, 144, 175, 195,

439

I NDEX 223, 226, 291–292, 329, 347, 365, 378, 380, 398, 399, 418–420 – – – remuneration, 44, 67, 91, 109–110, 137, 142, 176, 196, 228, 250–251, 273, 285, 293, 381, 397, 417 – – – speaker, 176, 196, 349, 367, 397, 418 – – – vacancy, 13, 26, 33, 61, 90, 96, 108, 113, 176, 195, 201, 224–292, 319, 329, 336, 339, 347, 353, 356, 365, 370, 379, 384, 399, 403, 419–420, 423 – – powers, 13–16, 22, 24, 27, 29, 33–34, 37, 41–42, 45, 66, 68–69, 73, 76–77, 82–85, 94, 111–116, 118, 123, 143, 146, 148, 150–151, 153, 175, 178– 182, 195, 199–201, 203, 209–210, 237– 240, 293–294, 299, 301, 303, 326– 327, 344–345, 362–363, 381, 384, 385, 394–395, 400, 401, 403, 404, 414–415, 423–427 – – – adjournment, 13, 27–28, 59, 67, 69– 70, 90, 98, 109, 111, 137, 142–144, 175–176, 195–196, 226–227, 233, 250–251, 292–293, 296–297, 314, 319, 330, 332, 348, 350, 366, 367, 380, 381, 397, 399, 420 – – – appointing power, 13–14, 61, 93–94, 118, 178–179, 200, 227, 230, 240, 264, 266, 289, 293, 295, 314, 319, 366 – – – – confirmation of appointments, 93, 95, 118, 145, 234–236, 239, 266, 267, 275, 281, 297–298, 300–301, 421–422, 425 – – – appropriation of funds, 56, 81, 85, 95, 149, 151, 241 – – – budgetary power, 326, 344, 363, 394, 414 – – – bylaws, 90, 109, 142, 175, 195, 226– 227, 293 – – – impeachment, 14–15, 27, 70–73, 94, 120, 143, 152, 181, 201–202, 230, 295, 330, 332, 334, 348, 349, 351, 366, 367, 369, 370, 380, 384, 397, 399, 402, 403, 417, 420

440

– – – judiciary functions, 27–28, 69–71, 142–143, 175–176, 195, 226–227, 293, 328, 330, 332, 346, 348, 349, 363, 366, 367, 380, 395, 397, 399, 415–416, 418, 420 – – – legislation, 111, 326, 328, 344, 346, 362–363, 377, 394–395, 413–416 – – – – legislative initiative, 13, 22, 24, 66, 68, 90, 109, 172, 176, 192, 196, 227, 293, 317, 319, 325, 343, 361, 393, 413, 430 – – – – passage of bills, 137, 144, 176, 196, 227, 293, 327, 345, 382, 400, 421 – – – – – majorities, 23, 46–68, 84, 90– 91, 109–110, 142–143, 178, 200, 233, 244, 296–297, 327, 345, 428, 430 – – – – promulgation, 46–84, 111, 231, 244, 296, 428 – – – – reading of bills, 110, 143–144, 176, 196, 227, 244, 293 – – – – restrictions, 96, 112, 123, 182, 317, 320 – – – – – bills of attainder, 88, 112, 140, 192 – – – – – constitutionality of laws, 306, 328, 346, 363, 395, 415–416 – – – – sanctioning of laws, 90, 176, 196, 227, 293, 314 – – – – taking effect of laws, 23, 42, 46– 68, 84, 90–91, 109–110, 123, 142– 143, 170, 176, 178, 196, 200–202, 233, 296–297, 327, 345, 382, 400, 421 – – – – tax or revenue legislation, 13, 28, 68, 72, 96, 112, 122, 142–143, 150, 176, 182, 196, 202, 230, 249, 295, 306, 328, 332, 346, 349, 363, 367, 395, 397, 415–417 – – procedures, 13, 319 – – – dissolution, 23, 377 – – – duration of session, 41, 48, 377 – – – election of officers, 27, 68–69, 90, 109, 142, 175, 195, 292–293, 314, 319, 330, 348, 380, 399, 420

I NDEX – – – first/constitutive session, 89, 98, 128, 130, 153, 155, 174–175, 177, 194, 196, 223–224, 250–251, 265, 291, 309, 319 – – – journal, 23, 45–84, 90–91, 109–110, 142–145, 150, 178–181, 199–200, 202–203, 227, 233, 239–240, 293, 296–297, 301, 382, 400, 421, 428 – – – – publication of, 176, 195, 226–227, 293, 332, 350, 367, 381, 397, 418, 430 – – – quorum, 13, 27, 42–43, 59, 70, 90, 109, 142, 175, 195, 226, 292–293, 313, 320, 330, 348, 366, 380, 399, 420 – – – resolutions, 90–91, 109, 120, 143, 178, 200–201, 232–233, 296–297 – – – sessions open to public, 90, 109, 143, 176, 195, 227, 293, 378, 396, 416 – – – votes, 69, 90, 113, 178–179, 200– 201, 333, 350, 368 lotteries, 96, 111, 145, 303, 416 military, 14 – conscription, 319 – members, 31, 334, 337, 339, 351, 352, 354, 356, 369, 372, 373, 382, 401, 405, 426 – – special regulations for, 23, 65–66, 78, 80, 88–89, 117, 139–140, 148, 172, 192, 224–292, 305, 314, 320, 325–326, 334, 339, 343–344, 351, 356, 361–362, 392–394, 412, 414 – navy, 319, 325, 343, 361, 393, 413 – organization of, 79–80, 126, 369, 383, 401, 402, 422 – quartering of troops, 22, 66, 88, 125, 173, 193, 249, 306, 326, 344, 362, 394, 413 – standing army, 65, 140, 173, 192–193, 325–326, 344, 362, 393, 413 – subordination to civil authorities, 22, 65, 88, 125, 140, 173, 192–193, 249, 306, 326, 344, 362, 394, 413 – supreme command, 333

militia, 13–14, 23, 30–31, 45–46, 66, 79– 80, 89–90, 94–95, 116–117, 124, 152, 172–174, 176–177, 179–180, 192, 196, 199, 201, 225, 232, 242, 247, 292, 294, 296, 305, 314, 325–326, 334, 343–344, 351, 352, 361–362, 369, 392–394, 402, 412–414, 422, 425 nobility – abolition of titles of, 64, 249, 306 oaths, 13, 16, 21, 24, 27, 35–37, 44, 46, 65, 68, 78, 88, 94–96, 116, 120, 125, 140, 143–144, 146, 153, 172, 181, 191, 201– 202, 230, 247, 295, 305, 309, 325, 327, 328, 330, 336–338, 343, 345, 346, 348, 353–355, 361, 363, 366, 371, 372, 377, 385, 387, 393, 395, 405, 413–416, 426– 427 – of office, 146, 168, 253 police power, domestic security, 198, 214, 245, 304, 425 population groups – foreigners, 60, 125, 148 – minorities – – African-Americans, 228, 229, 294 – – ethnic groups, 79 – – indigents, 117, 142 religion, 19–20, 50, 63–64, 87, 117, 124, 182–183, 202, 248, 271–306, 317, 338, 355, 405 – Christianity, 16, 19–20, 28–29, 41, 360, 430 rights, 23, 66, 87, 112, 139, 173, 317, 323, 341, 359, 391, 411 – abolition or alteration of government, popular right of, 20–22, 38, 64–66, 87, 139, 171, 191, 245, 304, 324, 342, 360, 392, 411–412 – assembly, freedom of, 22, 66, 88, 125, 173, 192, 245, 304, 326, 344, 362, 394, 414 – bearing or keeping of arms, 22, 65, 88, 125, 173, 180, 192, 245, 248, 304, 306, 324, 342, 360, 392, 412

441

I NDEX – equality, 19–20, 27, 63–64, 71, 87, 171, 191, 323, 341, 359, 391, 411 – ex post facto laws, illegality of, 22, 66, 88, 112, 140, 173, 192, 248, 305–306, 325, 343–344, 362, 393, 413 – expression, freedom of, 66, 87, 112, 139, 172, 191, 248, 305, 326, 344, 362, 394, 414 – habeas corpus, 38, 65, 84, 88, 112, 114, 139–140, 172, 192, 237, 247, 299, 305, 339, 355, 373, 406, 427 – inalienability of rights, 16, 63, 140, 173, 193, 323, 341, 359, 391, 411 – innocent, rights of, 116 – inviolability of the home, 21, 65, 88, 140, 172, 191, 247, 305, 325, 343, 361, 377, 393, 413 – legal rights, 21, 23, 65–66, 116, 139– 140, 172, 191–193, 229, 248, 305, 324– 326, 342–344, 360–362, 380, 392–394, 399, 412–414 – – bail, 22, 28, 66, 88, 116, 139–140, 172, 192, 246, 247, 305, 326, 332, 344, 349, 362, 367, 394, 397, 414, 417–418 – – compulsory process (for exculpatory evidence), 65, 88, 116, 139, 172, 191– 192, 246, 305, 324–325, 342–343, 361, 380, 392, 399, 412, 420 – – confrontation with witnesses for the prosecution, 21, 65, 88, 116, 139, 172, 191–192, 246, 305, 324–325, 342–343, 361, 392, 412 – – counsel, 41, 88, 116, 139, 172, 191– 192, 229, 246, 294, 305, 324–325, 342– 343, 361, 380, 392, 399, 412 – – cruel or unusual punishment, prohibition of, 21–22, 65–66, 88, 116, 139, 172, 192, 247, 305, 325–326, 343–344, 361–362, 393–394, 413–414 – – double jeopardy, 88, 116, 139–140, 172, 192, 246, 305, 325, 343, 361, 392– 393, 412 – – excessive fines, prohibition of, 326, 344, 362, 394, 414 – – indictment and information, 14–15, 27, 70–71, 88, 94, 116, 139–140, 152, 172,

442

181, 191–192, 199, 202, 246, 247, 305, 330, 338, 348, 355, 366, 373, 380, 399, 406, 420, 427 – – non-self-incrimination, 21, 65, 116, 139–140, 172, 191–192, 246, 305, 324– 325, 342–343, 361, 392, 412 – – to be heard, 21, 41, 45, 65, 172, 180– 181, 191–192, 239–240, 246, 305, 324– 325, 342–343, 361, 392, 412 – – trial by jury, 14–16, 21–22, 27, 65, 70– 71, 88, 112, 116, 139–140, 146, 152, 172–173, 181, 191–193, 199, 202, 229, 246, 305, 317, 324–325, 330, 342–343, 348, 360–362, 366, 377, 380, 385, 392– 393, 399, 412–413, 420 – liberty and security of person, 19, 21, 63– 65, 116, 139–140, 172, 191–192, 246, 247, 305, 317, 323–325, 341–343, 359– 361, 377, 391–393, 411–413 – liberty of residence, 21 – life, right to, 19, 21, 63–65, 116, 139– 140, 172, 191–192, 228–229, 246, 294, 305, 317, 323–325, 341–343, 359–361, 391–392, 411–412 – matrimony, 34, 68, 96, 111, 124, 144, 183, 198, 203, 283, 294, 300, 337, 354, 371, 404, 424 – movement, freedom of, 173, 193, 249, 306 – personal freedom, 19, 63, 172, 191, 323, 341, 359, 391, 411 – petition, right of, 19, 22, 66, 88, 125, 173, 192, 245, 304, 326, 344, 362, 394, 414 – popular sovereignty, 19–20, 64, 87, 125, 139, 171, 191, 245, 304, 323–324, 326– 327, 341–342, 345, 359–360, 363, 391– 392, 394–395, 411–412, 414 – press, freedom of the, 22, 65, 87, 112, 139, 172, 191, 248, 305, 325, 343, 362, 393, 413 – property rights, 21–22, 65, 88, 111, 124– 125, 140, 173, 192, 247, 304–305, 317, 323–325, 338, 341–343, 355, 359, 361, 373, 377, 391–393, 406, 411–413, 427 – – expropriation, 21, 64–65, 125–126,

I NDEX 136, 140, 172, 192, 246, 305, 324, 342, 360, 392, 412 – – freedom of ownership, 19, 21, 63–65, 88, 116, 123–124, 139–140, 172, 191– 192, 246, 247, 305, 324–325, 342–343, 360–361, 377, 392–393, 412–413 – religion, freedom of, 16, 19, 63, 87, 112, 117, 140, 171–172, 191, 245, 246, 301, 304, 323–324, 341–342, 359–360, 391, 411 – science, freedom of, 21 – separation of powers, 23, 67, 89, 107– 108, 141, 173, 193, 222, 290, 326, 344– 345, 363, 386, 394, 414, 428 – speech, freedom of, 22, 66, 87, 112, 139, 172, 191, 248, 305, 326, 344, 362, 394, 414

– tax equity, 122, 149 – tax expenditures, 41, 56, 85, 119–122, 126, 149, 170 – taxation, 112, 122–123, 149–150, 152– 153, 170, 249, 301, 306 territorial organization, 96, 118, 152, 203 – boundaries, 107, 141, 221, 289, 303 – capital, 155 treason, 22, 66, 88, 90, 108–109, 113, 116, 140, 142, 148, 173, 176, 178, 182, 195, 200, 202, 227–228, 247, 293, 305, 325, 343, 361, 393, 413

slavery, 95, 125, 139, 183, 203–204, 207, 210, 228–229, 293–294 social welfare, 121 sovereign rights of the state – mining privileges, 363, 395, 415 – right of coinage, 303 state and administrative apparatus – administration – – waters, 125, 243, 268–269, 303 state independence, 20, 23, 64, 67, 87, 171, 175, 195, 317, 327, 345, 363, 395, 415 state insignias, 15, 34, 37, 79, 92–93, 113– 114, 153–154, 178, 200, 236, 253–254, 298, 337, 338, 354, 355, 371, 373, 406, 427 state territory, 120, 129, 149, 155, 231, 242–243, 268–269, 273, 277, 282, 284, 288–290, 295, 301–303, 317

voting rights, 21, 25–26, 64, 70, 89–90, 108, 117, 129, 144, 148, 153, 174, 193– 194, 224, 252–253, 291, 329, 347, 349, 365, 366, 378, 379, 381, 397, 398, 419 – age, 10–11, 25–28, 45, 58, 77, 88–89, 117, 148, 156, 173–174, 184, 193, 224– 292, 318, 328, 347, 364, 378, 398, 418 – citizenship, 45, 77, 88–89, 117, 148, 173– 174, 184, 193, 224–292 – disqualifying attributes, 77, 117, 143, 148, 182, 202, 225–226, 292, 378, 398, 418 – education, 58, 148 – gender, 10–11, 25–28, 45, 77, 88–89, 117, 148, 156, 173–174, 184, 193, 224– 292, 318, 328, 347, 364, 378, 398, 418 – property, 10–11, 25–28, 192, 378, 397 – race, ethnicity, 10–11, 88–89, 117, 131, 148, 156, 173–174, 184, 193, 224–292 – religion, 318 – residence, 10–11, 25–28, 45, 60, 77, 83, 88–89, 117, 148, 156, 173–174, 182, 184, 193, 224–292, 328, 329, 347, 364, 378, 397, 398, 419

taxes, 10–11, 22, 24, 45, 66, 122, 173–174, 223, 290–291, 318, 326, 328, 344, 347, 362, 364, 394, 398, 413

war, state of, 22, 30, 66, 88–89, 113, 117, 122, 125, 139–140, 150, 173, 193, 247, 249, 294, 305–306, 416

443