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Full text of "The federal and state constitutions, colonial charters, and other organic laws of the state, territories, and colonies now or hertofore forming the United States of America"

^ //i ; 




From the Library of 
Professor David Mellinkoff 



Who donated his collection 

TO THE 

UCLA School of Law 

Hugh & Hazel Darling 

Law Library 

August 1999 



"Cleansed of words without reason, much 
OF the language of the law need not be 
peculiar at all. and better for it." 

The Language of the Law 
BY David Mellinkoff 



THE FEDERAL AND STATE l 

CONSTITUTIONS 

COLONIAL CHARTERS, AND OTHER 
ORGANIC LAWS 

OF THE 

STATES, TERRITORIES, AND 
COLONIES 

NOW OR HERETOFORE FORMING 

THE UNITED STATES OF AMERICA 



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

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

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



VOL. IV 

Michigan— New Hampshire 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1909 




MTCHTaAN" 



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

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



TERRITORIAL GOVERNMENT OF MICHIGAN— 1805 '' 

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

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

Sec. 2. And he it further enacted^ That there shall be established 
within the said Territory a government in all respects similar to that 
provided by the ordinance of Congress, passed on the thirteenth day 
of July, one thousand seven hmulred aiul eighty-seven, for the gov- 
ernment of the territory nortlnvest of the river Ohio: and by an act 
passed on the scn'enth (hiy of August, one thousand seven huiulre(l 
and eighty-nine, entitled ''An act to provide for the govermnent of 
the territory northwest of the river Ohio;" and the inhabitants 
thereof shall be entitled to and enjoy all and singular the rights, 
privileges, and advantages granted and secured to the people of the 

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

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

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

1925 



1 926 Michigan— 18S6 

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

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

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

Sec. 5. And he it further enacted^ That all suits, process, and pro- 
ceeding which, on the thirtieth day of June next, shall be pending 
in the court of any county which shall be included within the said 
Territory of Michigan, and also all suits, process, and proceedings 
which, on the said thirtieth day of June next, shall be pending in 
the general court of the Indiana Territory in consequence of any writ 
of removal, or order for trial at bar, and which had been removed 
from any of the counties included within the limits of the Territory 
of Michigan aforesaid, shall, in all things concerning the same, be 
proceeded on, and judgments and decrees rendered thereon, in the 
same manner as if the said Indiana Territory had remained 
undivided. 

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

Approved. January 11. 1805. 

ENABLING ACT FOR MICHIGAN— 1836 « 

LTWENTV-FOURTH COiNtiKKSS. FlKST SKSSION | 

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

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

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



Michigan— 1836 1927 

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

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

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



1928 Michigan— 1836 

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

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

Approved, June 15, 1830. 



SUPPLEMENTARY ACT FOR THE ADMISSION OF MICHIGAN— 1836 

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

Be it enacted hy the Senate and House of Re-pre&entatives of the 
United States of America in Congress assembled^ That in lieu of the 
propositions submitted to the Congress of the United States by an 
ordinance passed by the convention of delegates at Detroit, assem- 
bled for the purpose of making a constitution for the State of Mich- 
igan, which are hereby rejected ; and that the following propositions 
be, and the same are hereby offered to the Legislature of the State 
of Michigan, for their acceptance or rejection, which if accepted, 
under the authority conferred on the said Legislature by the Conven- 
tion which framed the constitution of the said State, shall be oblig- 
atory upon the United States. 

First. That section numbered sixteen in every township of the 
public lands, and where such section has been sold or otherwise dis- 
posed of, other lands equivalent thereto, and as contiguous as may 
be, shall be granted to the State for the use of schools. 

Second. That the seventy-two sections of land set apart and re- 
served for the use and support of a university by an act of Congress 
approved on the twentieth day of May, eighteen iiiuidred and twenty- 
six, entitled "An act conceming a seminary of learning in the 
Territory of Michigan,'' are hereby granted and conveyed to the 
State, io" be appropriated solely to the use and support of such uni- 
versity, in such manner as the Legislature may prescribe: And pro- 
vided also. That nothing herein contained shall be so construed as 
to impair or atfect in any way the rights of any person or j^ersons 
claiming any of said seventy-two sections of lands, under contract 
or crant from said university. 



Michigan— 1837 1929 

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

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

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

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

ACT FOR THE ADMISSION OF MICHIGAN— 1837 

rrWKNTY-KOUKTlI CONOKKSS, SkcOND Sk.SSION | 

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

wifli tlic original States 

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



1930 Michigan— 18SS 

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

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assemhled, That the State of 
Michigan shall be one, and is hereby declared to be one, of the United 
States of America, and admitted into the Union on an equal footing 
with the original States, in all respects whatever. 

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

Approved. January 'li^, 183T. 



CONSTITUTION OF MICHIGAN— 1835 * " 

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

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

Articlk 1 

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

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

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

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



Michigan— 1835 1981 

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

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

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

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

Sec. 7. Every person may freely speak, write, and ])ublish his 
sentiments on all subjects, being responsible for the abuse of that 
right ; and no laws shall be passed to restrain or abridge the liberty 
of speech or of the press. In all prosecutions or indictments for 
libels, the truth may be given in evidence to the jury; and if it shall 
appear to the jury that the matter charged as libellous is true, and 
was published with good motives and for justifiable ends, the party 
shall be acquitted; and the jury shall have the right to determine the 
law and the fact. 

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

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

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

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

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

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

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

Sec. 15. Xo soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of war, but in a 
numner prescribed by law. 

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



1932 Michigan— 1835 

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

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

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

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

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

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

ArTK LE TT 
ELECTORS 

Section 1. In all elections, every white male citizen above the age 
of twenty-one years, having resided in the State six months next pre- 
ceding any election, shall be entitled to vote at such election ; and 
every Avhite male inhabitant of the age aforesaid, who may be a resi- 
dent of the State at the time of the signing of this constitution, shall 
have the right of voting as aforesaid : but no such citizen or inhabi- 
tant shall be entitled to vote except in the district, county, or town- 
ship in which he shall actually reside at the time of such election. 

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

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

Sec. 4. No elector shall be obliged to do military duty on tin' days 
of election, except in time of war or public danger. 

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

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

Article III 

DIVISION OF THE TOWERS OF COVERNMENT 

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



Michigan— 1S3S 1933 

Article TV 

LEGISLATIVE DKPARTMENT 

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

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

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

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

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

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

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

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

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

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



1034 Michigan— ISSry 

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

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

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

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

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

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

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

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

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



Michigan— 18S5 1935 

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

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

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

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

• Article V 
executive department 

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

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

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

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

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

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

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

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

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

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



1936 Michigan — 183S 

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

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

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

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

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

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

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

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

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

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

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

Article VI 

judicial departm knt 

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

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



Michigan— 1835 1937 

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

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

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

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

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

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

Article VII 

CERTAIN STATE AND COVXTV OFFICERS 

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

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

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

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



1 938 Michigan— 1835 

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

Article VIII 

IMPEACHMENTS AND REMOVALS FROIM OFEICE. 

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

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

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

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

Article IX 

MILITIA 

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

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

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

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



Michigan— 1835 1939 

Article X 

EDUCATION 

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

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

Sec. 3. The legislature shall provide for a system of common 
schools, by Avhich a school shall be kept up and supported in each 
school-district at least three months in every year; and any school- 
district neglecting to keep up and supjjort such a school may be de- 
prived of its equal proportion of the interest of the ]:)ublic fund. 

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

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

-VinicLE xr 

I'KOIIIIU riOX OF SI.A\ KKV 

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

Akiici.e XII 

MISCELLANEOUS I'KOVISIONS 

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



1940 Michigan— 1835 

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

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

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

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

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

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

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

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

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

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

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

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

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

Article XIII 

mode or AMENDING AND REVISINCi THE CONSTITUTION 

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



Michigan— 1836 1941 

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

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

SCHEDITLE 

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

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

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

Sec. 4. All recognizances heretofore taken, or which may be taken 
before the organization of the judicial department under this consti- 
tution, shall remain valid, and shall pass over to and may be prose- 
cuted in the name of the State. And all bonds executed to the gov- 
ernor of this Territory, or to any other officer in his official capacity, 
shall pass over to the governor or other proper State authority, and to 
their successors in office, for the uses therein respectively expressed, 
and may be sued for and recovered accordingly. All criminal j^rose- 
cutions and penal actions Avhich have arisen or which nuty arise before 
the organization of the judicial department under this constitutiou, 
and which shall then be depending, may be prosecuted to judgment 
and execution in the name of the State. 

Sec. 5. All officers, civil and military, now holding their offices and 
appointments in this Territory under the authority of the United 
States, or under the authority of this Territory, shall continue to hold 
and exercise their respective offices and appointments until super- 
seded under this constitution. 



1942 Michigan— 18S5 

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

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

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

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

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



Michigan— 1835 1943 

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

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

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

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

John Biddi.e, President. 

ORDINANCE 

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

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

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



1944 Michigan— 1835— 1850 

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

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

AMENDMENT TO THE CONSTITUTION OF 1835 « 

(Ratified 18:^.9) 

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

(Ratified 184.3) 

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

(Ratified 1S44) 

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

CONSTITUTION OF THE STATE OF MICHIGAN— 1850 - 

The People of the State of Michigan do ordain this Constitution 

Article I 

BOUNDARIES 

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



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

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



Michigan— 1850 1945 

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

Articlp: II 

SEAT OF OOVERX:\rENT 

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

ARTicnK III 

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

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

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

Aurici.K rV 

LE(asr,ATI\ i: DKFAItrMKXT 

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

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



1946 Michigan— 1850 

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

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

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

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

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

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

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

6 The bracketed words are omitted in the engrossed copy. 



Michigan— 1850 1947 

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

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

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

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

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

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

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

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

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

of 1S(>0. 



1048 Michigan— 1850 

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

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

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

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

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

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

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

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



Michigan— 1850 1949 

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

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

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

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

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

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

" Sec. 28. Repealed. 

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

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

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

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

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

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

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

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

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

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

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



1<)5() Michigan— 1S50 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



Michigan— 1850 1951 

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

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

AuTicr,!-; V 

P3XECIITIVE DEPARTMENT 

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

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

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

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

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

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

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

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

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

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



1952 Michigan— 1850 

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

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

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

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

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

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

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

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

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



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

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



Michigan— 1850 1953 

Article YI 
judicial department 

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

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

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

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

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

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



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

7253— VOL 3— 07 



1054 Michigan— 1850 

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

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

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

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

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

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

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

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

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

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



Michigan— 1850 1955 

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

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

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

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

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

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

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

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

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

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

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

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

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



195G Michigan— 1850 

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

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

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

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

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

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

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

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

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

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

Article VII 

elections 

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

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



Michigan— 1850 1 057 

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

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

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

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

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

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

Sec. 7. Xo soldier, seaman or marine, in the army or navy of the 
United States, shall be deemed a resident of this state in consequence 
of being stationed in any military or naval place within the same. 

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

Article VI IT 

STATE officers 

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

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

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



1958 Michigan— 1850 

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

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

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

Article IX 

SALARIES 

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

Article X 

COUNTIES 

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

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

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



Michigan— 1850 1959 

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

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

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

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

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

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

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

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

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

Article XI 

TOWNSHIPS 

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

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



1960 Michigan— 18r)0 

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

Article XI 1 

IMPEACHMENTS AN!) KEINIOVALS FROM OFFICE 

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

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

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

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

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

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

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

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



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



Michiqnn~1850 1961 

Article XIII 

EDUCATION 

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

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

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

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

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

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

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

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



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



1962 Michiganr~1850 

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

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

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

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

Article XIV 
finance and taxation 

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

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

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



Michigan— 1860 1963 

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

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

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

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

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

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

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

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

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

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

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

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

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



1964 Michigan— 18S0 

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

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

Article XV 

CORPORATIONS 

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

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

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

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

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

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

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

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

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

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

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



Michigan— 1850 1965 

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

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

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

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

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

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

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

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

Article XVI 

EXEMPTIONS 

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



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



1966 Michigan— 1850 

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

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

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

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

Article XVII 



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

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

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

Article XVIII 

MISCELLANEOUS PROVISIOXS 

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

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



Michigan~1850 1967 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



1968 Michigan— 1850 

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

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

Articlk XIX 

UPPER PENINSULA 

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

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

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

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

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

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

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

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

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



Michigan— 1860 19(59 

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

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

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

Article XIX-A" 
railroads 

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

Sec. 2. Xo railroad corporation shall consolidate its stock, property, 
or franchises with any other railroad corporation owning a parallel 
or competing line; and in no case shall any consolidation take place 
except upon public notice given of at least sixt}' days to all stock- 
holders, in such manner as shall be provided by law. 

Article XX 

AMENDMENT AND REVISION OF THE CONSTITUTION 

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

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



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

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

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

7253 — vol, ;i — 07 1(1 



1970 Michigan— 1850 

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

SCHEDULE 

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

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

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

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

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

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

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

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



Michigan— 1850 1971 

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

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

Sec. 10. On the first day of January, in the year one thousand eight 
hundred and fifty-two, the jurisdiction of all suits and proceedings 
then pending in the ])resent supreme court shall become vested in the 
supreme court established by this constitution, and shall be finally 
adjudicated by the court where the same may be pending. The juris- 
diction of all suits and proceedings at law and equity then pending in 
the circuit courts and county courts for the several counties, shall 
become vested in the circuit courts of the said counties and district 
court for the upper peninsula. 

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

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

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

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

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

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



1972 Michigan— 1860 

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

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

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

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

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



Michigan— ISoO 1973 

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

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

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

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

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

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

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

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

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

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



1074 Michigan~1850 

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

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

D. Goodwin, President. 

AMENDMENTS 

SUMMARY OF VOTES BY WHICH ADOPTED OR REJECTED FROM 1850 

TO 1905 

(November, 1850) 

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

(November, 1858) 

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

(November, 1860) 

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

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

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

(November, 1862) 

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

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



Michigan— 1850 1975 

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

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

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

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

(November, 1866) 

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

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

(April, 1868) 

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

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

(Noveinher, 1S70) 

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

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

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



1976 Michigan— 1850 

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

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

(November, 1872) 

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

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

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

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

against, 58,987. 

(November, 1874) 

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

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

against, 124,034. 

(November, 1876) 

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

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

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

21.984. 

(April. 1878) 

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

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



Michigan— 1850 1977 

(April, 1880) 

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

(November, 1880) 

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

(April. 1881) 

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

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

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

(November, 1882) 

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

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

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

( November, 1884) 

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

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

(November, 1886) 

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

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

(April, 1887) 

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

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

(November. 1888) 

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



1 978 Michigan— 1850 

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

(April, 1889) 

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

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

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

(November, 1890) 

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

(April, 1891) 

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

(Novenaber. 1892) 

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

(April .3, 1893) 

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

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

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

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

(November (>, 1894) 

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

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



Michigan— 1850 1 979 

(April 1. 1895) 

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

07,278. 

(April .-), 1897) 

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

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

( No veuiber 8,1898) 

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

(April ;;. 1899) 

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

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

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

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

against, 108,317. 

(November (5. 1900) 

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

442,728 ; against, 54,757. 

(April 1. 1901) 

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

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

(Noveniher 4, 1902) 

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

against, 78,338. 

(April 0, 190:i) 

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

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

(November 8. 1904) 

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

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



1980 Michigan— 1850 

("April 3, 1905) 

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

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

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

(April 2. 190«) 

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

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



MINNESOTA'^ 



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

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



TERRITORIAL GOVERNMENT OF MINNESOTA— 1849 

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

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

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

1981 



1982 Minnesota— 1849 

a straight lino to the northernmost point of the State of Wisconsin in 
Lake Superior ; thence along the western bounclary-line of said State 
of Wisconsin to the Mississippi Kiver; thence down the main channel 
of said river to the place of beginning, be, and the same is hereby, 
erected into a temporary government by the name of the Territory 
of Minnesota : Provided., That nothing m this act contained shall be 
construed to inhibit the Government of the United States from divid- 
ing said Territory into two or more Territories, in such manner and 
at such times as Congress shall deem convenient and proper, or from 
attaching any portion of said Territory to any other State or Terri- 
tory of the United States, 

Sec. 2. And he it further enacted. That the .executive power and 
authority in and over said Territory of Minnesota shall be vested in 
a governor, who shall hold his office for four years, and until his suc- 
cessor shall be appointed and qualified, unless sooner removed by 
the President of the United States. The governor shall reside within 
said Territory, shall be commander-in-chief of the militia thereof, 
shall perform the duties and receive the emoluments of superin- 
tendent of Indian affairs; he may grant pardons for offences against 
the laws of said Territory, and reprieves for offences against the laws 
of the United States until the decision of the President can be made 
known thereon ; he shall commission all officers who shall be ap- 
pointed to office under the laws of the said Territory, and shall take 
care that the laws be faithfully executed. 

Sec. 3. And he it further enacted. That there shall be a secretary 
of said Territory, who shall reside therein, and hold his office for 
four years, unless sooner removed by the President of the United 
States; he shall record and preserve all the laws and proceedings of 
the legislative assembly hereinafter constituted, and all the acts and 
proceedings of the governor in his executive department; he shall 
transmit one copy of the laws and one copy of the executive proceed- 
ings, on or before the first day of December in each year, to the 
President of the United States, and, at the same time, two copies of 
the laws to the Speaker of the House of Representatives and the 
President of the Senate, for the use of Congress. And in case of the 
death, removal, resignation, or necessary absence of the governor from 
the Territory, the secretary shall be, and he is hereby, authorized and 
required to execute and perform all the powers and duties of the 
governor during such vacancy or necessary absence, or until another 
governor shall be duly appointed to fill such vacancy. 

Sec. 4. And he it further enacted. That the legislative power and 
authority of said Territory shall be vested in the governor and a 
legislative assembly. The legislative assembly shall consist of a coun- 
cil and house of representatives. The council shall consist of nine 
members, having the qualifications of voters, as hereinafter pre- 
scribed, whose term of service shall continue two years. The house 
of representatives shall, at its first session, consist of eighteen mem- 
bers, possessing the same qualifications as prescribed for members of 
the council, and whose term of service shall continue one year. The 
number of councillors and representatives may be increased by the 
legislative assembly, from time to time, in proportion to the increase 
of population: Prodded. That the whole number shall never exceed 
fifteen councillors and thirty-nine representatives. An apportion- 
ment shall be made, as nearly equal as practicable, among the several 



Minnesota— 1849 1983 

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

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

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

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



1984 Minnesota— 1849 

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

Sec. 8. Afid be it further enact-ed. That no member of the legislative 
assembly shall hold or be appointed to any office which shall have 
been created, or the salary or emoluments of which shall have been 
increased, while he was a member, during the term for which he was 
elected, and for one year after the expiration of such term: and no 
person holding a commission or appointment under the United States, 
except postmasters, shall be a member of the legislative assembly, or 
shall hold any office under the government of said Territory. 

Sec. 9. And he it further enacted. That the judicial power of said 
Territory shall be vested in a supreme court, district courts, probate 
courts, and in justices of the peace. The supreme court shall consist 
of a chief justice and two associate justices, any two of whom shall 
constitute a quorum, and who shall hold a term at the seat of govern- 
ment of said Territory annually, and they shall hold their offices 
during the period of four years. The said Territory shall be divided 
into three judicial districts, and a district court shall be held in each 
of said districts by one of the justices of the supreme court, at such 
tmies and places as may be prescribed by law; and the said judges 
shall, after their appointments, respectively, reside in the districts 
which shall be assigned them. The jurisdiction of the several courts 
herein provided for. both appellate and original, and that of the 
probate courts and of justices of the peace, shall be as limited by law : 
Provided, That the justices of the peace shall not have jurisdiction of 
any matter in controversy when the title or boundaries of land may 
be in dispute, or where the debt or sum claimed shall exceed one hun- 
dred dollars: and the said supreme and district courts, respectively, 
shall possess chancery as well as common-law jurisdiction. Each dis- 
trict court, or the judge thereof, shall appoint its clerk, who shall 
also be the register in chancery, and shall keep his office at the place 
where the court may be held. Writs of error, bills of exception, and 
appeals, shall be allowed in all cases from the final decisions of said 
district courts to the supreme court, under such regulations as may be 
prescribed by law. but in no case removed to the supreme court shall 
trial by jurv be allowed in said court. The supreme court, or the 
justices thereof, shall appoint its own clerk, and every clerk shall 
hold his office at the pleasure of the court for which he shall have 
been appointed. "Writs of error and appeals from the final decisions 
of said supreme court shall be allowed, and may be taken to the 
Supreme Court of the United States, in the same manner and under 
the same regulations as from the circuit courts of the United States, 
where the value of the property, or the amount in controversy, to be 
ascertained by the oath or affirmation of either party, or other compe- 
tent witness, shall exceed one thousand dollars ; and each of the said 
district courts shall have and exercise the same jurisdiction, in all 
cases arising under the Constitution and laws of the United States, 
as is vested in the circuit and district courts of the United States; 
and the first six days of every term of said courts, or so much thereof 



Minnesota— 1849 1985 

as shall be necessar}-, shall l:>e appropriated to the trial of causes aris- 
ing under the said constitution and laws; and writs of error and 
appeal in all such cases shall be made to the supreme court of said 
Territory, the same as in other cases. The said clerk shall receive, in 
all such cases, the same fees which the clerks of the district courts of 
the late Wisconsin Territory recfivpd for similar services. 

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

Sec. 11. And be it fiwther enacted, That the governor, secretary, 
chief justice, and associate justices, attorney, and marshal, shall be 
nominated, and. by and with the advice and consent of the Senate, 
appointed by the President of the United States. The governor and 
secretary, to be appointed as aforesaid, shall, before they act as such, 
respectively take an oath or affirmation, before the district judge, or 
some justice of the peace in the limits of said Territory, duly author- 
ized to administer oaths and affirmations by the laws now in force 
therein, or before the Chief Justice or some associate justice of the 
Supreme Court of the United States, to support the Constitution of 
the Ignited States, and faithfully to discharge the duties of tlieir re- 
spective offices; which said oaths, when so taken, shall be certified by 
the person by whom the same shall have been taken, and such certifi- 
cates shall be received and recorded by the said secretary among the ex- 
exutive proceedings ; and the chief justice and associate justices, and all 
other civil officers in said Territory, before they act as such, shall take 
a like oath or affirmation, before the said governor or secretary, or 
some judge or justice of the peace of the Territory, who may be duly 
commissioned and qualified, which said oath or affirmation shall be 
certified and transmitted, by the person taking the same, to the secre- 
tary, to be by him recorded as aforesaid; and afterwards, the like 
oath or affirmation shall be taken, certified, and recorded in such 
manner and form as may be j^rescribed by law. The governor shall 
receive an annual salary of fifteen hundred dollars as governor, and 
one thousand dollars as superintendent of Indian affairs. The chief 
justice and associate justices shall each receive an annual salary of 
eighteen hundred dollars. The secretary shall receive an annual 
salary of eighteen hundred dollars. The said salaries shall be ])aid 
quarter-yearly, at the Treasury of the United States, The members 
of the legislative assembly shall be entitled to receive three dollars 
each per day during tlieir attendance at the sessions thereof, and three 
dollars each for every twenty miles travel in going to and returning 
from the said sessions, estimated according to the nearest usually trav- ' 
7253— VOL 3—07 11 



1986 Minnesota— 18^9 

elled route. There shall be appropriated, annually, the sum of one 
thousand dollars, to be expended by the governor to defray the con- 
tingent expenses of the Territory; and there shall also be appro- 
priated, annually, a sufficient sum, to be expended by the secretary of 
the Territory, and upon an estimate to be made by the Secretary of 
the Treasury of the United States, to defray the expenses of the 
legislative assembly, the printing of the laws, and other incidental 
expenses; and the secretary of the Territory shall annually account 
to the Secretary of the Treasury of the United States for the manner 
in which the aforesaid sum shall have been expended. 

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

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

Sec. 14. And he it further enacted^ That a Delegate to the House 
of Representatives of the United States, to serve for the term of two 
years, may be elected by the voters qualified to elect members of the 
legislative assembly, who shall be entitled to the same rights and 
privileges as are exercised and enjoyed by the Delegates from the 
several other Territories of the United States to the said House of 
Hepresentatives. The first election shall be held at such times and 
places, and be conducted in such manner, as the governor shall 
appoint and direct ; and at all subsequent elections, the times, places, 
and manner of holding the elections shall be prescribed by law. The 
person having the greatest number of votes shall be declared by the 
governor to be duly elected, and a certificate thereof shall be given 
accordingly. 

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



Minnesota— 1849 1987 

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

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

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

Sec. 18. And he it further enacted, That when the lands in the 
said Territory shall be surveyed under the direction of the Govern- 
ment of the United States, preparatory to bringing the same into 
market, sections numbered sixteen and thirty-six in each township in 
said Territory shall be, and the same are hereby, reserved for the 
purpose of being applied to schools in said Territory, and in the 
States and Territories hereafter to be erected out of the same. 

Sec. 10. And he it further enacted, That temporarily, and until 
otherwise provided b}^ law, the governor of said Territory nuiy define 
the judicial districts of said Territory, and assign the judges Avho 
may l)c appointed for said Teri-itory to the several districts, and also 
appoint the times and j^laces for holding courts in the several coun- 
ties or subdivisions in each of siiid judicial districts, by proclamation 
to be issued by him; but the legislative assembly, at their first or any 
subsequent session, may organize, alter, or modify such judicial dis- 
tricts, and assign the judges, and alter the times and places of hold- 
ing the courts, as to them shall seem proper and convenient. 

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



1988 Minnesota— 1857 

nays, and the names of the persons voting for and against the bill 
shall be entered on the journal of each house, respectively. If any 
bill shall not be returned by the governor within three days (Sundays 
excepted) after it shall have been presented to him, the same shall 
be a law, in like manner as if he had signed it, unless the legislative 
assembly, by adjournment, prevent it; in which case it shall not 
become a law. 

Approved, March 3, 1849. 



ENABLING ACT FOR MINNESOTA— 1857 

[Thirty-fifth Congress, First Session] 

An Act to authorize the People of the Territox-y of Minnesota to form a Consti- 
tution and State Government, preparatory to their Admission in the Union on 
an equal Footing with the original States 

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

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

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



Minnesota— 1857 1989 

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

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

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

First. That sections mnnbered sixteen and thirty-six in ever}^ town- 
ship of public lands in said State, and where either of said sections, 
or any part thereof, has Ijeen sold or otherwise been disposed of, 
other lands, equivalent thereto and as contiguous as may be, shall 
be granted to said State for the use of schools. 

Second. That seventy-two sections of land shall be set apart and 
reserved for the use and support of a State university, to be selected 
by the governor of said State, subject to the approval of the (Com- 
missioner of the (leneral Land-Office, and to be appropriated and 
applied in such manner as the legislature of said State may prescribe 
for the purpose aforesaid, but for no other puri)Ose. 

Third. That ten entire sections of land, to be selected by the gov- 
ernor of said State, in legal subdivisions, shall be granted to said 
State for the purpose of completing the public buildings, or for the 
erection of others at the seat of government, under the direction of 
the legislature thereof. 

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



1990 Minnesota— 1858 

Fifth. That five per centum of the net proceeds of sales of all pub- 
lic lands lying within said State, which sliall l)e sold by Congress 
after the admission of the said State into tlie Union, after deducting 
all the expenses incident to the same, shall be paid to said State, for 
the purpose of making public roads and internal improvements, as 
the legislature shall direct: Provided .^ The foregoing propositions 
herein offered are on the condition that the said convention which 
shall form the constitution of said State shall jirovide, by a clause 
in said constitution, or an ordinance, irrevocabk^ without the consent 
of the United States, that said State shall never interfere with the 
primary disposal of the soil within the same by the United States, 
or with any regulations Congress may find necessary for securing the 
title in said soil to hona-fide purchasers thereof; and that no tax 
shall be imposed on lands belonging to the United States, and that 
in no case shall non-resident proprietors be taxed higher than 
residents. 

Approved, February 26, 1857. 



ACT FOR THE ADMISSION OF MINNESOTA— 1858 

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

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

Be it enacted hy the Senate and House of Representatives of the 
United States of Ame7'ica in Congress assembled^ That the State of 
Minnesota shall be one, and is hereby declared to be one, of the 
United States of America, and admitted into the Union on an equal 
footing with the original States in all respects wdiatever. 

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

Sec. 3. And he it further enacted^ That from and after the admis- 
sion of the State of Minnesota, as hereinbefore provided, all the laws 
of the United States which are not locally inapplicable shall have 
the same force and effect within that State as in other States of the 
Union; and the said State is hereby constituted a judicial district of 
the United States, within which a district court, Avith the like powers 
and jurisdiction as the district court of the United States for the dis- 
trict of Iowa, shall be established; the judge, attorney, and marshal 
of the United States for the said district of ^linnesota shall reside 
within the same, and shall be entitled to the same compensation as 



Minnesota— 1857 1991 

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



CONSTITUTION OF MINNESOTA— 1857 * o 

PREAMBLE 

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

Article I. 

BILL OF RIGHTS 

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

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

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

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

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

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

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

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



1992 Minnesota— 1857 

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

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

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

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

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

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

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

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

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

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

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

<• 23 Minn. 1 ; 23 Minn. 411. 



Minnesota— 1857 1993 

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

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

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

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

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

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

Article II 

ON NAME AND BOUNDARIES 

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

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

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



1994 Minnesota— 1857 

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

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

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

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



Minnesota— 1857 1995 

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

Article III 

DISTRIBUTION OF THE POWERS OF GOVERNMENT 

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

Article IV 

LEGISLATIVE DEPARTMENT 

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

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

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

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

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

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

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



1996 Minnesota— 1857 

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

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

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

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

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

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

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

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

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

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



Minnesota— 1867 1997 

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

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

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

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

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

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

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

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



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



1998 Minnesota— 1857 

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

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

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

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

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

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

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

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

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



Minnesota— 1857 1999 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

?<(_;. I.. 1S(;!). ch. '.)■.]. 

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



2000 Minnesota— 1867 

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

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

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

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

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

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

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

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



Minnesota— 1857 2001 

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

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

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

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

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

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

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

^ Adopted Nov. 8, 1892. 

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

7253 — VOL 3 — 07 12 



2002 Minnesota— 1857 

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

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

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

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

a Adopted Nov. (5, 1888. 

6 Section 36 adopted Nov. 8, 1898. 



Minnesota— 1857 2003 

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

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

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

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

Article V 

EXECUTIVE DEPARTMEXT 

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

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

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

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

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

& As amended Nov. 6, 1877. 



2004 Minnesota— 1857 

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

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

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

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

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

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

* Obsolete. 

« Adopted Nov. .3, 1896. 

i> Adopted Nov. 6. 1883. 

c This section was adopted April 15, 1858. 



Minnesoin—1857 2005 

Article VI 



JUDICIARY 



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

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

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

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

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

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

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

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

<iTbis section was adopted Nov. 5, 1875. 



2006 Minnesota— 1857 

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

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

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

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

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

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

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

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



Minnesota— 1857 2007 

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

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

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

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

Article VII 
elective fraxchise 

"Section 1. What persons are entitled to vote: 

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

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

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

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

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

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



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



2008 Minnesota~1857 

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

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

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

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

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

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

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

Article VIII 
school funds, education and science 

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

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

^Adopted Nov. 8, 1898. 

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

d Adopted Nov. 6, 1883. 

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



Minnesota— 1857 2009 

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

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

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

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

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

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

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

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

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

'•Adopted Nov. 8, 1881. 

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



2010 Minnesota— 1857 

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

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

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

o Adopted Nov. 2, 1886. 

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



Minnesota— 1857 2011 

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

Article IX 

riNAXCES OF THE STATE, AND BANKS AND BANKING 

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

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

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



2012 Minnesota— 1857 

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

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

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

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

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

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

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

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

c Amended April 14, 1858. 



Minnesota— 1857 2013 

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

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

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

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

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

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

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

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

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

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



2014 Minnesota— 1857 

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

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

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

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

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

" Sec. 14. (&) The legislature shall not authorize any county, town- 
ship, city, or other municipal corporation to issue bonds or to become 
indebted in any manner to aid in the construction or equipment of any 
or all railroads to any amount that shall exceed ten per centum of the 
value of the taxable property within such county, township, city, or 
other municipal corporation ; the amount of such taxable property to 
be ascertained and determined by the last assessment of said property 
made for the purpose of state and county taxation previous to the 
incurring of such indebtedness, Nov. 5, 1872. 

^ Sec. 15. The legislature shall not authorize any county, township, 
city, or other municipal corporation to issue bonds, or to become 
indebted in any manner, to aid in the construction or equipment of 
any or all railroads to any amount that shall exceed five (5) per 
centum of the value of the taxable property within such county, town- 
ship, city, or other municipal corporation. The amount of such tax- 
able property to be ascertained and determined by the last assessment 
of said property made, for the purpose of state and county taxation, 
previous to the incurring of such indebtedness. 

" Sec. 16. For the purpose of lending aid in the construction and 
improvement of public highways and bridges, there is hereby created 
a fund to be known as the " State Road and Bridge Fund." Said 

" Sections 14 (a) and 14 (ft) were adopted Nov. 5, 1872. 
6 Sec. 15 was adopted Nov. 4. 1879. 
c Sec. 16 was adopted Nov. 8, 1898. 



Minnesota— 1857 2015 

fund shall include all moneys accruing from the income derived from 
investments in the internal improvement land fund, or that may here- 
after accrue to said fund, and shall also include all funds accruing 
to any state road and bridge fund, however provided. 

The legislature is authorized to add to such fund for the purpose of 
constructing or improving roads and bridges of this State, by pro- 
viding, in its discretion, for an annual tax levy upon the property of 
this State of not to exceed in any year one-twentieth (1-20) of one (1) 
mill on all the taxable property within the State. 

The legislature is also authorized to provide for the appointment, 
by the governor of the State, of a board to be known as the " State 
Highway Commission," consisting of three (3) members, Avho shall 
perform such duties as shall be prescribed by law without salary or 
compensation other than personal expenses. 

Such commission shall have general superintendence of the con- 
struction of State roads and bridges and shall use such fund in the 
construction thereof and distribute the same in the several counties in 
the State upon an equitable basis. Provided further^ that no county 
shall receive in any year more than three (3) per cent or less than 
onedialf (4) of one (1) per cent of the total fund thus provided and 
expended during such year; and, promded further, that no more than 
one-third (^) of such fund accruing in any year shall be expended for 
bridges, and in no case shall more than one-third (7^) of the cost of 
constructing or improving any road or bridge be paid by the State 
from such fund. 

" Sec. 17. The legislature may impose, or provide for the imposition 
of, \\\)o\\ the property within the State of any and all owners or 
operators, whether corporate or individual, or otherwise, of any and 
all sleeping, parlor and drawing room cars, or any or either of the 
same, which run in, into or through this State ; also upon the property 
within this state of any and all telegra|3h and telephone companies, 
or owners, Avhose lines are in, or extend in, into or through this State; 
also upon the property within this State of all express companies, or 
owners, or any or either of the same, doing business in this State; 
also upon the ])roperty within this State of all domestic insurance 
companies of this State of any kind ; also upon the pro])erty within 
(his State of all owners or operators of any and all mines or of 
mineral ores situated in this State; also upon the property within 
(his State of all boom companies or owners, and of all ship builders 
or owners doing business in this State or having a port therein ; pro- 
rlded, that this act shall not apply to property owned by railroad 
comjianies, their lands and other property ; and upon the property of 
either or any of such com]:)anies or owners a tax. as uniform as reason- 
ably may be with the taxes imjwsed ujion similar })i-o])erty in said 
State, or upon the earnings thereof within this State, but may be 
graded or progressive, oi- both, and in providing for such tax, or in 
providing for ascertaining the just and true value of such property, 
it shall be competent for the legislature, in either or all of such cases, 
to impose such tax, upon any or all property thereof within this 
State, and in either case by taking as the basis of such im])Osition the 
proportionate business, earnings, mileage or quantity of production 

Sec. 17 was adopted Nov. 3, 1896. 



2016 Minnesota— 1857 

or property now or hereafter existing of any such companies, persons 
or o^Yners, transacted or existing in this State, in relation to the entire 
business, mileage or quantity of production or property of such com- 
panies, persons or owners as aforesaid ; or in such other manner, or by 
such other method, as the legislature may determine ; but the proceeds 
of such taxes upon mining property shall be distributed between the 
State and the various political subdivisions thereof wherein the same 
is situated in the same proportion as the proceeds of taxes upon real 
property are distributed; ijrorided further, that nothing in this act 
contained shall operate to authorize the assessment or taxation of land 
or ordinary business blocks or property owned by any such corpora- 
tion, person, firm or company, except in the manner provided by the 
ordinary methods of taxation. 

Article X 

OF fORPORATIOXS HAVING NO BANKING PRIVILEGES 

Section 1. The term •' Corporation," as used in this article, shall be 
construed to include all associations and joint stock companies having 
any of the powers and privileges not possessed by individuals or 
partnerships, except such as embrace banking privileges, and all cor- 
porations shall have the right to sue, and shall bo liable to be sued in 
all courts, in like manner as natural persons. 

Sec. 2. Xo corporations shall be formed under special acts, except 
for municipal purposes. 

Sec. 3. Each stockholder in any corporation [excepting those or- 
ganized for the purpose of carrying on any kind of manufacturing or 
mechanical business shall be liable to the amount of stock held or 
owned by him.] " '^ ^ 

Sec. i. Lands may be taken for public way, for the purpose of 
granting to any corporation the franchise of way for public use. In 
all cases, however, a fair and equitable compensation shall be paid for 
such land, and the damages arising from the taking of the same : but 
all corporations being common carriers, enjoying the right of way in 
pursuance of the provisions of this section, shall be bound to carry 
the mineral, agi^icultural and other jDroductions of manufacturers on 
equal and reasonable terms. 

1 The clause in brackets adopted Nov. .". 1872. 

6 The exception in favor of nianufactnrins corporations, in article 10. section 
3, imposing individnal liability npon stockholders for the debts of a corporation, 
embraces only those corporations which are organized for the purpose, as stated 
in their articles of association, of carrying on an exclusively manufacturing 
business ; and if the purposes, as stated in the articles, are to carry on both a 
manufacturing business and also other kinds of business, not properly incidental 
to or necessarily connected with the manufacturing business, the fact that the 
corporation never actually engaged in such other kinds of business will not bring • 
it within the exception referred to. 44 ^linn. 400. 

c Article 10, section .3, providing that each stockholder in any corporation, 
excepting those organized for the purpose of carrying on any kind of manufac- 
turing or mechanical business, " shall be liable to the amount of stock held or 
owned by him," does not mei-ely make a stockholder liable to pay for his stock 
at its face value, but imposes a liability to the amount of stock held, in addition 
to the liability for the stock. 50 N. W. 1110. 



]\Iinncsofn--lS57 2017 

Akticle XI 

COUNTIES AND TOWNSHIPS 

Section 1. The legislature ma}^ from time to time establish and 
organize *» new counties; but no new county shall contain loss than 
four hundred square miles; nor shall any county be reduced below 
that amount ; and all laws changing county lines in counties already 
organized, or for removing county seats, shall, before taking effect, 
be submitted to the electors of the county or counties to be affected 
thereby, at the next general election after the passage thereof, 
and be adopted by a nuijority of such electors. Counties noAv estab- 
lished nuiy be enlarged, but not reduced below four hundred (400) 
square miles. 

Sec. 2. The legislature may organize any city into a separate 
county. Avhen it has attained a population of 20,000 inhabitants, with- 
out reference to geographical extent, when a majority of the electors 
of the county in which such city may be situated, voting thereon, shall 
be in favor of a separate organization. 

Sec. 3. Laws may be passed providing for tlie organization for 
municipal and other town purposes, of any congressional or fractional 
townships in the several counties in the State, p7'ori(le(/ that when a 
township is divided by county lines or. does not contain one hmidred 
inhabitants, it may be attached to one or more adjoining townships 
or parts of townships for the purposes aforesaid. 

Sec. 4. Provision shall V)e made liy law for the election of such 
county or township officers as may be necessary. 

Sec. 5. Any county and township organization shall have such 
powers of local taxation as may be prescribed by law. 

Sec. G. Xo money shall be drawn from any county or township 
treasury except by authority of laAv. 

Sec. 7.^ That the county of ^lanomin is hereby abolished, and that 
the territory heretofore conq^rising the same shall constitute and be 
a part of the county of Anoka. 

Auricr^K XII 

III' Tin; MiMiiA 

Section 1. It shall be the duty of the legislature lo pass such laws 
for the organization, discipline and service of the militia of the State 
as may l)e deemed necessary. 

"The establishing of a coiiuty is the setting apart of the territory to l)o in 
future orsanized as a political couunuuity or (piasi corporation for political pur- 
]ioses, while the orfianizatiou is the vestinjr the pooiilo of such territory with 
such cori)orate rii^lits and powci's: and. until authorized by tlic lejrislature. the 
people of a county establislied but not organized have no right to act as an 
organiz(Ml county. U." .Minn. 217). 

'j.NdoiJted Nov. 2. ISd!). 

T2.">:'> — vol. :•> — oT \'-\ 



2018 Minnesota— 1857 

AinicLE XIII 

I'NII'KACIIMEN'l' A>;i) HEAIONAl. FROM OFKK'i: 

Section 1. The <>overiK)r, secretary of state, treasurer, auditor, 
attorney general, and the judges of the supreme and district courts, 
may be imj^eached for corrupt conduct in office, or for crimes and mis- 
demeanors; but judgment in such case shall not extend further than 
to removal from office and disqualification to hold and enjoy any office 
of honor, trust or profit in this State. The party convicted thereof 
shall nevertheless be liable and subject to indictment, trial, judgment 
and punishment, according to hiAV. 

Sec. 2. The legislature of this State may provide for the removal 
of inferior officers from office, for malfeasance or nonfeasance in the 
performance of their duties. 

Sec. 3. No officer shall exercise the duties of his office after he shall 
have been impeached and before his acquittal. 

Sec. 4. On the trial of an impeachment against the governor, the 
lieutenant goATrnor shall not act as a member of the court. 

Sec. 5. No person shall be tried on impeachment before he shall 
have been served with a copy thereof at least twenty days previous to 
the day set for trial. 

Articlk XIV 
amendments to the constitution 

Section 1." Whenever a majority of both houses of the legislature 
shall deem it necessary to alter or amend this Constitution, they may 
propose such alterations or amendments, which proposed amendments 
shall be published with the laws which have been passed at the same 
session, and said amendments shall be submitted to the people for 
their approval or rejection at any general election, and if it shall 
appear, in a manner to be provided by law, that a majority of all the 
electors voting at said election shall have voted for and ratified such 
alterations or amendments, the same shall be valid to all intents and 
purposes as a part of this Constitution. If tAvo or more alterations 
or amendments shall be submitted at the same time, it shall be so reg- 
ulated that the voters shall vote for or against each separately. 

Sec. 2. "NATienever two-thirds of the members elected to each branch 
of the legislature shall think it necessary to call a convention to revise 
this Constitution, they shall recommend to the electors to A'ote at the 
next general election for members of the legislature, for or against a 
convention; and if a majority of all the electors voting at said elec- 
tion shall have voted for a convention, the legislature shall, at their 
next session, provide by law for calling the same. The convention 
shall consist of as many members as the House of Representatives, 
who shall be chosen in the same manner, and shall miH't Avithin three 
months after their election for the purpose aforesaid. 

« Adopted Nov. 8, 1898. 



Mmnesota~1857 2019 

Article XY 
mkscki.laneol s sibjec ts 

Section 1. The seat of <><)Vi>nuiu*nt of the State shall he at the city 
of St. Paul. l)ut the le<;islatiire, at their first or any future session, 
may provide by law for a change of the seat of government by a vote 
of the people, or may locate the same upon the land granted by Con- 
gress for a seat of government to the State; and in the event of the 
seat of government being removed from the city of St. Paul to any 
other ])Iace in the State, the capitol building and grounds shall be 
dediciited to an institution for the i)r()niotion of science, literature 
and the arts, to be organized by the legislature of the State, and of 
wiiich institution the ^linnesota Historical Society shall always be a 
dejjartment. 

Sec. 2. Persons residing on Indian lands Avithin the State shall 
enjoy all the rights and privileges of citizens, as though they lived in 
any other i)ortion of the State, and shall be sul)ject to taxation. 

Sec. ;'). The legislature shall provide for a uniform oath or allirma- 
tion to l)e administered at elections, and no ])erson shall be compelled 
to take any other or diti'erent form of oath to entitle him to vote. 

Sec. 4. There shall be a seal of the State, which shall be kept by 
the secretary of state, and be used by him officially, and shall be 
called the great seal of the Slate of Minnesota, and shall be attached 
to all the official acts of the governor (his signature to acts and 
resolves of the legislature excepted) requiring authentication. The 
legislature shall provide for an appro})riate device and motto for said 
seal. 

Sec. .'). The territorial prison, as located under existing la\\>. shall. 
after the adojition of this Constitution, be and ]-euuiin one of the 
state i)risons of the State of ^linnesota. 

SciiEmi.K 

Section 1. 1'hat no incon\enience may ai'ise by r(>ason of a change 
from a territorial to a permanent state of government, il is declared 
that all rights, actitms. prosecutions, judgments, claims and contracts, 
as well of individuals as of bodies corporate, shall continue as if no 
change had taken ])lace: and all |)i-()cess which may be issued undei- 
the authority of the Territoi'v of Mimiesota pi'evious to its admission 
into the Union of the United Slates ^hall be as Aalid as if issued in 
the name of the State. 

Sec. *2. All laws now in force in the 'i'ei-ritory of Minnesota not 
I'opugnant to this Constitution shall remain in force until they exi)ire 
by their own limitation, or be altered or re])ealed by the iegislatin-e. 

Sec. ;>. All lines, penalties or forfeitures accruing to the Tei'ritorv 
of Minnesota shall inure to the State. 

Sec. 4. All recognizances hei'etofoi'e taken, or which ma\' be taken 
before the change fi'om a tei'rilorial to a permanent state go\"ernment 
shall remain valid, and shall pass to and may be pi'osecuted in the. 
name of the State; aiul all bonds executed to the govei'nor of the, 
Teri'itory. or to any otluu- officer or court in his or their official capac- 
ity, shall i)ass to the go\-ei-nor or state authoritv and their successors 



2( )2( ) Min nevoid— ISTj? 

ill ((llicc, for the uses thoreiii rospectively cxprossod, an<l iiiny be siumI 
for and recovered accordingly; and all the estate of })ropei'ty, real, 
personal or mixed, and all jndgnients, bonds, specialties, choses in 
action, and claims and debts, of whatsoever description, of the Terri- 
tory of Minnesota, shall inure to and vest in the State of Minnesota, 
ancl may be sued for and recovered in the same manner and to the 
same extent by the State of Minnesota as the same could have been 
by the Territory of Minnesota. All criminal prosecutions and penal 
actions which may have arisen, or which may arise before the change 
from a territorial to a state government, and which shall then be 
pending, shall be prosecuted to judgment and execution in the name 
of the State. All offenses committed against the laws of the Terri- 
tory of Minnesota, before the change from a territorial to a state 
government, and which shall not be prosecuted before such change, 
may be prosecuted in the name and l)y the authority of the State of 
Minnesota with like effect as though such change had not taken place, 
and all penalties incurred shall remain the same as if this Constitu- 
tion had not been adopted. All actions at law and suits in equity 
which may be pending in any of the courts of the Territory of Min- 
nesota, at the time of a change from a territorial to a state govern- 
ment, may be continued and transferred to any court of the State 
which shall have jurisdiction of the subject matter thereof. 

Sec. 5. All territorial officers, civil or military, now holding their 
offices under the authority of the United States, or of the Territory 
of Minnesota shall continue to hold and exercise their respective 
offices until they shall be superseded by the authority of the State. 

Sec. C). The first session of the legislature of the State of Minnesota 
shall commence on the first Wednesday of December next, and shall 
be held at the capitol, in the city of St. Paul. 

Sec. 7. The laAvs regulating the election and qualification of all dis- 
trict, county and precinct officers shall continue and be in force until 
the legislature shall otherwise ]n^ovide by law. 

Sec" 8. The president of this convention shall, immediately after 
the adjournment thereof, cause this Constitution to be deposited in 
the office of the governor of the Territory; and if, after the sul)mis- 
sion of the same to a vote of the people, as hereinafter provided, it 
shall appear that it has been adopted by a vote of the people of the 
State, then the governor shall forward a certified copy of the same, 
together with an abstract of the votes polled for and against the said 
Constitution, to the president of the United States, to be by him laid 
before the Congress of the United States. 

Sec. 9. For the purposes of the first election, the State shall consti- 
tute one district, and shall elect three members to the House of ReD- 
resentatives of the United States. 

Sec. 10. For the purposes of the first election for members of the 
State Senate and House of Representatives, the State shall be divided 
into senatorial and representative districts, as follows, viz: First 
district, Washington county; Second district, Ramsey county; Third 
district, Dakota county; Fourth district, so much of Hennepin county 
as lies Avest of the Mississippi; Fifth district. Rice county; Sixth dis- 
trict, Goodhue county; Seventh district, Scott county; P'ighth dis- 
trict, Olmsted county: Ninth district. Fillmore county; Tenth dis- 
trict, Houston county; Eleventh district, Winona county; Twelfth 
district, Wabasha county; Thirteenth district. Mower and Dodge 



^ finnesota — 1 S5 7 



2021 



counties; Fourteenth district, Freeborn and Fariliault counties; Fif- 
teenth district, Steele and Waseca counties; Sixteenth district, Bkie 
Earth and Le Sueur counties; Seventeenth district. XicoHet and 
Brown comities: Eighteenth district, Siblev, lieuville and McLeod 
counties; Nineteenth district. Carver and AA'rioht counties: Twen- 
tieth district, Benton, Stearns and Meeker counties: Twenty-hrst dis- 
trict, Morrison, Crow Wing and Mille Lacs counties; Twenty-second 
district, Cass, Pembina and Todd comities; Tw-enty-third district, so 
much of Hennepin county as lies east of the Mississippi ; Twenty- 
fourth district, Sherburne, Anoka and Manomin counties; Twenty- 
fifth district, Chisag-o, Pine and Isanti counties: Twenty-sixth dis- 
(I'ict, Buchanan, Carlton, St. Louis, Lake and Itasca counties. 

Skc. 11. The counties of Brown, Stearns, Todd, Cass, Pembina and 
Benville, as applied in the preceding section, shall not be deemed to 
include any territory west of the State line, but shall be deemed to 
include all counties and parts of counties east of said line as were 
created out of the territory of either, at the last session of the 
legislature. 

Sec. 12. The senators and representatives at the first election shall 
be ai)])ortioned among the several senatorial and i-epresenlalive, dis- 
tricts as follows, to wit : 





Senators. 


Represent- 
atives. 

1 




Senatf)rs. 


Represent- 
atives. 


1st district 


<> 


■ 
3 


14th (liPtrict 




3 


2(1 ■ 


•^ 


() 


15th •' 




4 


'.id '• 


>> 





16th " 




:> 


4th " 


2 


4 


17th " 




3 


5t.h " 


9 


3 


18th " 




;; 


()th " 


1 


4 


19th •' 






7th " 


1 


:i 


20th '■ 




3 


8th " 


9 


4 


21st " 




1 


9th " 


2 


(i 


22(1 '• 




1 


10th •' : 


9 


•A 


23(1 " 




9 


11th ■' 


2 


4 


24th " 




T 


12th " 


1 


3 


25th " 




1 


i:!th •' 


2 


8 


2fUh '• 




1 




■ ti 


Sll 



Sec. 1?). The returns from the Twenty-second district shall be made 
to and canvassed bv the judges of election at the precinct of Otter 
Tail City. 

Sec. 14. Until the legislature shall otherwise pro\ide. the Stale 
shall be dividetl into judicial disti'icts as follows, vi/: 

The counties of AVashiugton, Chisago. ^Luiomiu. Anoka, Isaiui. 
Pine, Buchainm, Carlton. St. Louis and I^ake shall constitute the 
First judicial district. 

The county of Kamsey shall constitute the Second judicial district. 

The counties of Tlotiston. Winona. Fillmore. Olmsted and A\'aba>-lia 
shall constitute the Third judicial district. 

The counties of Ilemiepin. Carver. A\'right, Meeker. Slierbin'nc. 
lienton. Stearns. Morrison. Crow AViug. Mille Lacs. Itasca. Pembina. 
Todd and Cass shall constitute the Fourth judicial district. 



2022 Minnesota— iSS7 

'Vhv counties ol" Dakota. ( loodhiic, Scolt. Rice, Steele. Wasecjl, 
Dodgfe, MoAvor and Fi-cohoni slial! constiliil*' the Fiftli judicial dis- 
trict. 

The counties of Le Sueur, Sibley, Nicollet, Blue Eartli, Faribault, 
McLeod, Renville, Brown, and all other counties in the State not 
included within the other districts, shall constitute the Sixth judicial 
district. 

Sec. 15. Each of the foregoing enumerated judicial districts may, 
at the first election, elect one prosecuting attorney for the district. 

Sec. 16. Upon the second Tuesday, the thirteenth day of October, 
1857, an election shall be held for members of the House of Repre- 
sentatives of the United States, governor, lieutenant governor, su- 
preme and district judges, members of the legislature, and all other 
officers designated in this Constitution, and also for the submission of 
this Constitution to the j^eople, for their adoption or rejection. 

Sec. 17. Upon the day so designated as aforesaid every free white 
male inhabitant over the age of tw^enty-one years, who shall have 
resided within the limits of the State for ten days previous to the 
day of said election, may vote for all officers to be elected under this 
Constitution at such election, and also for or against the adoption of 
this Constitution. 

Sec. 18. In voting for or against the adoption of this Constitu- 
tion, the words, '' For Constitution,''"' or ""Against Constitution," may 
be written or jjrinted on the ticket of each voter, but no voter shall 
vote for or against this Constitution, on a separate ballot from that 
cast by him for officers to be elected at said election under this Con- 
stitution ; and if upon the canvass of the vote so polled it shall appear 
that there was a greater number of votes polled for than against said 
Constitution, then this Constitution shall be deemed to be adopted as 
the Constitution of the State of Minnesota, and all the provisions 
and obligations of this Constitution, and of the schedule thereunto 
attached, shall thereafter be valid to all intents and purposes as the 
Constitution of said State. 

Sec. 10. At said election the polls shall be opened, the elections 
held, returns made, and certificates issued, in all respects as provided 
by law for opening, closing and conducting elections and making 
returns of the same, except as hereinbefore specified, and excepting 
also that polls may be opened and elections held at any point or 
jDoints in any of the counties where precincts may be established as 
provided by law, ten days previous to the day of election, not less 
than ten miles from the place of voting in any established precinct. 

Sec. 20. It shall be the duty of the judges and clerks of election, in 
addition to the returns required by law for each jDrecinet, to forward 
to the secretary of the Territory, by mail, immediately after the close 
of the election, a certified copy of the poll book containing the name 
of each person who has voted in the precinct and the number of 
votes polled for and against the adoption of this Constitution. 

Sec. 21. The returns of said election for and against this Consti- 
tution, and for all state officers and members of the House of Repre- 
sentatiA'es of the United States, shall be made, and certificates issued 
in the manner now ])rescribed by law for returning votes given for 
delegates to Congress; and the returns for all district officers, judi- 
cial, legislative or otherwise, shall be made to the register of deeds 



Minnesota— 1857 2023 

of the ^-eiiior eounly in each di^lrid. in liic manner pre.serilxHl by 
law, except as otherwise i)r()\i(le(L The returns for all officers elected 
at large shall be canvassed by the governor of the Territory, assisted 
by Joseph K. Brown and Thomas J. (ialljraith, at the time designated 
by law for canvassing the vote for delegates to Congress. 

Skc. 22. If, upon canvassing the votes for and against the a(loi)tion 
of this Constitution, it shall ap[)ear that there has been ])olled a 
greater numl)er of votes against than for it, then no certificate of 
election shall be issued for any State or district officer provided for 
in this Constitution, and no State organization shall have validit}'^ 
within the limits of the Territory, until otherwise provided for and 
until a Constitution for a State government shall have been adopted 
by the 2)eople. 



MISSISSIPPI" 



For organio acts relating to the laml iiuw included witliiii ^rississil^|li s«'(' in 
other parts of this works as follows : 

Projirietary Charter of Carolina. lOGo (North Carolina, p. 274.".). 
Proprietary Proposals, 1G63 (North Carolina, p. 27.").",). 
Proprietary Charter of Carolina, KiGO (North Carolina, p. 27r)<;). 
Fundamental Constitutions of Carolina, 1GG9 (North Carolina, p. 2772). 
Proprietary Charter of Georgia, 17".2 (Georgia, p. 7Gr)). 
Constitution of South Cai'olina. 177G (South Carolina, p. .".241 i. 
Constitution of Georgia. 1777 (Georgia, p. 777). 
Constitution of South Carolina. 1778 (South Carolina. ]i. 8248). 
Constitution of Georgia. 1780 (Georgia. ]). 785). 
Territory South of Ohio River. 1700 (Tennessee, p. :i400). 
I'roclaniation Respecting Occupation of Territory. 1810 ( Louisian.-i. p. 
1375). 



TERRITORIAL GOVERNMENT OF MISSISSIPPI— 1798 ' 

[Fifth Congrkss. Skcond SkssionI 

An Act for an aniicahh' settlement of the limits with the ."<t;ite of (Jeorgia. and 
authorizing the establishment of a government in the Mississi])i)i Territory 

Be it enacted hy the Senate and House of Representatives of the 
United States of Ameriea in Con(/ress assemhJed, That the President 
of the United States be. and he hereby is, autliorized to appoint three 
commissioners, any two of whom shall have power to adjust and 
determine, with such commissioners as may be appointed under the 
leifislative authority of the State of Georgia, all interferin<r claims of 
the United States and that State, to territory situate west of the rivei- 
Cliattahouchee, north of the thirty-first degree of nortli latitude, and 
south of the cession made to the United States l)y Soutli Carolina: 
and also to receive any jiroposals foi- the relinquishment or cession of 
the whole or any part of the othei- teri-itoiy claimed by the State of 
Georgia, and out of the ordinary jurisdiction thereof. 

"A portion of the area embraced in the present State of Mississijipi was suc- 
cessively mider the rule of Great Britain. Si)ain. ;ind France JK'fore the United 
States (Jovernment took jiossession in 170S. (ieorgi.-i then claimed jurisdiction 
over Alabama and Mississippi, but i-eded her rights upon the payment of 
.$1,250.0(1(1, out of the proceeds of the sales of the i)ublic land therein. 

''For other statutes of an organic nature relating to Mississi])])! see .-m act to 
I'egulate grants of land, and declaring waterways south of Tennessee to lie public 
bigliways. act of .March :',. ISO".; to appoint additional Judge .-ind n'gulate court 
lirocedure. ^^arcll 27. 1S04; to give additional judge and extend riirlit of 
suffrage. :March 2. 181(1; to eidai-ge the bomid.-iries of. ^fay 14. 1S12: to re(|uest 
state of Georgia to agree to formation of two states in Mississii»i)i Territory. 
.Fune 17, 1812: extending right of suffrage, act of October 25. 1814: to provide 
tor due execution of the laws of United States in. April :^. 1818. 

20L>r> 



2026 Mississippi— 179S 

Skc. -2. Ami he U further ciKichil. Thai all llic lands ihiis ascer- 
lained as the pro])t'r(y of the UnitcMl States shall be disposed of in 
such manner as shall be hereafter directed by hnv ; and the nett 
proceeds thereof shall be a])i)lied to the sinking and discharging the 
public debt of the United States, in the same manner as the proceeds 
of the other public lands in the territory northwest of the river Ohio. 

Sec. 3. And l>e it further enacted^ That all that tract of country 
bounded on the west by the Mississippi, on the north l)y a line to be 
drawn dne east from the mouth of the Yazoo to the Chattahouchee 
River; on the east by the river Chattahouchee; and on the south by 
the thirty-first degree of north latitude, shall l)e, and hereby is, con- 
stituted one district, to be called the ^Mississippi Territory; and the 
President of the United States is hereby authorized to establish 
therein a government in all respects similar to that now exercised in 
the territory northwest of the Ohio, excej^ting and excluding the last 
article of the ordinance made for the government thereof by the late 
Congress, on the thirteenth day of July, one thousand seven hundred 
and eighty-seven, and, by and with the advice and consent of the 
Senate, to appoint all the necessary officers therein, who shall respect- 
ively receive the same compensations for their services, to be paid in the 
same manner as is by law established for similar officers in the terri- 
tory northwest of the river Ohio; and the powers, duties, and emolu- 
ments of a superintendent of Indian affairs for the southern depart- 
ment shall be nnited with those of governor: Provided^ cdwayx^ That 
if the President of the United States should find it most expedient 
to establish this government in the recess of Congress, he shall never- 
theless have full power to appoint and connnission all officers herein 
authorized; and their commissions shall continue in force nntil the 
end of the session of Congress next ensuing the establishment of the 
government. 

Sec. 4. And he it further enacted^ That the territory hereby con- 
stitnted one district, for the purpose of government, may, at the dis- 
cretion of Congress, be hereafter divided into two districts, with 
separate territorial governments in each, similar to that established 
by this act. 

Sec. 5. And he it further enaeted, That the establishment of this 
govermnent shall in no respect impair the right of the State of 
Georgia, or of any person or persons, either to the jurisdiction or the 
soil of the said Territory; but the rights and claims of the said State, 
and all persons interested, are hereby declared to be as firm and avail- 
able as if this act had never been made. 

Sec. G. And he it further enaeted. That from ^nd after the estab- 
lishment of the said government, the people of the aforesaid Terri- 
tory shall be entitled to and enjoy all and singular the rights, privi- 
leges, and advantages granted to the people of the territory of the 
United States nortlnvest of the rivei- Ohio in and by the aforesaid 
ordinance of the thirteenth day of July in the year one thousand 
seven hundred and eighty-seven, in as full and ample a manner as 
the same are possessed and enjoyed l)v the people of the said last- 
mentioned Territory. 

Sec. 7. And he it further enaeted. That from and after the estab- 
lishment of the aforesaid government, it shall not be lawful for any 
person or persons to import or bring into the said Mississippi Terri- 
t(H-v. from any ])oi't or place without the limits of the United States, 



Mississippi — IWO 2027 

or to cuUhc or prociuv lo he ^o imporicd or hroughl, or knowiiiojh- lo 
aid or assist in so iinj)<)rtiii_i2; or bringing, any slave or slaves; and 
that every person so otl'ending. and being thereof convicted before 
any court within the said Territory, having competent jurisdiction, 
shall forfeit and pay for each and every slave so imported oi- brought 
the sum of three hundred dollars; one moiety for the use of the Tnited 
States, and the other moiety for the use of any person or persons who 
shall sue for the same; and that every slave so imj^orted or l)r()ught 
shall thereupon become entitled to and receive his or hei- freedom. 

Sec. S. Ami hr if fitrtJier cmu-ted^ That the sum of ten thousand 
dollars be, and hereby is, appropriated, for the purpose of enabling 
the President of the United States to carry into effect the provisions 
of this act ; and that the said sum be paid out of any moneys in the 
Treasury not otherwise appropriated. 

.Approved. A])i'il 7. ITOS. 



TERRITORIAL GOVERNMENT OF MISSISSIPPI— 1800 

I Six 111 ( '()\(.i;i;ss. l^'utsi Skssion | 

An Act supiileait-nlal lo tlio Act intituled "An Act fur au ;unlcal)li' settlement of 
limits with the State of (ieoi-fria. and authorizing th(> establishment of a gov- 
erinneiit in the Mississippi 'J^MTitory " 

lie it enacted hi) the Se)iiite and House of Representatives of the 
United States of Ameriea hi Congress axsemhied, That so much of the 
ordinance of Congress of the thirteenth of July, one thousand seven 
hundred and eighty-seven, and of the act of Congress of the seventh 
of August, one thousand seven himdred and eighty-nine, providing 
for the government of the territory of the Ignited States northwest 
of the river Ohio, as relates to the organization of a general assembly 
therein and prescribes the jK)wers thereof, shall fortiiwitli operate 
and l)e in force in the ]\Iississi])pi Territory: Proridcd. That until the 
number of free male iiiliabitants of full age in the said Territory shall 
amoiinl to live thousand, there shall not be retiu'iied to the general 
assembly more than nine re])resentatives. 

Sec. 'J. And he it f\ivther enacted. That until the nimiber of free 
nmle inhabitants of full age in the Mississippi Territory shall amount 
to five thousand, the comity of .Vdams shall V)e entitled to choose four 
rej)resentalives to the general assembly, the comity of Pickering four, 
and the TensaAV and Tombigbee settlements one. 

Sec. 3. And t>e it fiirtJio- enacted. That the first election foi- r('i)re- 
sentatives to the general assembly shall be on the fourth Monday in 
duly next, and that all subseiiuent elections shall be regulated l)y the 
legislatm'e. 

Sec. 4. And he it farther enacted. That it shall be the duty of the 
governor of the Mississippi Territory to cause the said election to be 
holden on the day aforesaid, at the most convenient place in the 
counties and settlements aforesaid, and to nominate a proj)er officer or 
officers to ))reside at and conduct the same, and to return to him the 
names of the j^ersons who may have been duly elected. 

Sec. ;"). A)id In' it farther enacted. That the representatives shall be 
convened by the governor at the town of Xatclie/ on the fourth Mon- 
day in September next. ' 



2028 Mississippi—lSOO 

Sec. 0. And he 'it furtlicr < iiacfciU That so soon as Iho number of 
free male inhal)itaii(s of full age sluill amount to or exceed five thou- 
sand, the number of representatives to the "cneral asseml)ly shall be 
determined and the apportionment made in the ^vay prescribed in the 
ordinance. 

Sec. 7. And he it further enacted^ That nothing in this act shall in 
any respect impair the right of the State of (xeorgia to the jurisdic- 
tion, or of the said State, or of any person or persons, to the soil of 
the said Territory; but the rights and claims of the said State and all 
persons interested are hereby declared to be as firm and available as 
if this act had never been made. 

Sec. 8. And he it further enacted^ That the general assembly shall 
meet at least once in every year, and such meeting shall be on the first 
Monday of December, unless they shall by law appoint a ditlerent 
da}^ : Provided^ That the governor shall have power on extraordinary 
occasions to convene the general assembh'. 

Sec. 9. And he it further enacted. That neither house, during the 
sesion of the general assembly, shall, Avithout the consent of the other, 
adjourn for more than three days, nor to any other place than that in 
which the two houses shall be sitting. 

Sec. 10. And he it further enacted^ That it shall be lawful for the 
commissioners appointed, or who may hereafter be apj)ointed, on the 
part of the United States, in pursuance of the act intituled ''An act 
for an amicable settlement of limits with the State of Georgia, and 
authorizing the establishment of a government in the Mississippi Ter- 
ritory," or any two of them, finally to settle, by compromise, with the 
commissioners which have been or may be appointed by the State of 
(xeorgia, any claims mentioned in said act, and to receive in behalf of 
the United States a cession of any lands therein mentioned, or of the 
jurisdiction thereof, on such terms as to them shall appear reasonable. 
And, also, that the said commissioners on the part of the Uniteol 
States, or any tAvo of them, be authorized to inquire into the claims 
which are or shall be made by settlers, or an}'^ other persons Avhatso- 
ever, to any part of the aforesaid lands, and to receive from such set- 
tlers and claimants any propositions of compromise Avhich may be 
made by them, and lay a full statement of the claims and the proposi- 
tions which may be made to them by the settlers or claimants to any 
]iart of the said lands, together Avith their opinion thereon, before 
Congress, for their decision thereon, as soon as ma}^ be: Prorided. 
That the settlement shall be made and completed before the fourth 
day of March, one thousand eight hundred and three: And prorided 
also, That the said commissioners shall not contract for the payment 
of any money from the Treasury of the United States to the State of 
(leorgia, other than the proceeds of the same lands. 

Approved, May 10, 1800. 



Mississippi— 1808-18 17 2029 



TERRITORIAL GOVERNMENT OF MISSISSIPPI— 1808 

I'I'kntii Concrkss, First Session J 

An Act cxtoiKlin^' the ri,t,'lit of surfra,m' in the .Mississiiipi 'I"cn'it<ir\ . :iml for 

other purposes 

IJc it enacted hij the Senate and House of Re presentntl res of the 
Ciiited Statefi of Ameriea in Congress assemhled^ That every free 
Avhite male i)erson in the Mississippi Territory above the aire of 
(woiity-one years, ha vino; been a citizen of the United States and resi- 
dent in the said Territory one year next i)receding an ek'ction of 
representatives, and Avho has a legal or eqnitable title to a tract of 
land by virtne of any act of Congress or avIio may become the \)\\v- 
chaser of any tract of land from the United States of the quantity 
of fifty acres, or who may hold in his own right a town-lot of the 
Aahie of one himdred dollars within the said Territory, shall be 
eiilithMl to Aote for representatives to the general assembly of said 
Territory. 

Sfx'. 2. And he it furtJier enacted. That the general assembly of 
the Territory aforesaid shall have power to apportion the represent- 
atives of the several counties therein, or which may hereafter be 
established therein, according to the ninnber of free' white male 
inhabitants al)ove the age of twenty-one years in such counties: Pvo- 
rided, That there be not more than tAvelve nor less than ten of the 
whole number of representatives, any act or acts to the contrary not- 
Avithstanding. until there shall be six thousand free male white inhab- 
itants of full age in said Territory: after which time the number or 
representatives shall be regulated agreeably to the ordinance for the 
government thereof. 

Sec. 3. And he it further enacted, That the citizens of the said Ter- 
ritory entitled to vote for representatives to the general assembly 
thereof shall, at the time of electing their representatives to the said 
general assembly, also elect one Delegate from the said Tei'iMtorv to 
the Congress of the ITnited States, who shall possess the same powers 
heretofoiv granted to tlu* Delegates from the several Teri'itories of 
the United States, anything in the ordinance for the goveriunent of 
said Territory to the conti-ary notwithstanding. 

Al)]^roved. January 9, 1808. 

ENABLING ACT FOR MISSISSIPPI— 1817 
[Fourteenth Conorkss. Seioxd Session] 

All Acl t(i eii;ilil(> llie jieople i>( the wesleni p;iit (if tlie .Mississiiipi 'I'crrili'r.N' 
to fDi-iii .1 <nnstitutioii and Stale piveiMiiiieiit. and tnr llie atlniission of su<-li 
Stat(> into tlu> rnion. mi an e(|ual footinir with the ori^'inal States. 

Be it enacted hi/ f/ic Senate and IIoa.se of Rejrresentatiee.s of the 
United States of . 1 mcrica in Congress assemhled. That the inhabitants 
of the western i)art of the .\Iississi])pi Territory be, and they herein- 
are. authorized to foiui foi- themselves a constitution and State gov- 
ernment, and to assume such name as they shall deem proper; and 



2030 Mississippi— 1817 

llic said State, Avheu I'ornu'd. shall be adiiiillcd iiilo the Union upon 
the same footing Avith the original States, in all res})ects whatever. 

Sec. 2. And be it farther enacted^ That the said State shall consist 
of all the territory included within the following boinidaries, to wit: 
Beginning on the river Mississippi at the point where the southern 
boundary-line of the State of Tennessee strikes the same; thence east 
along the said boundary-line to the Tennessee liiver; thence np the 
same to the mouth of Bear Creek; thence by a direct line to the north- 
west corner of the county of Washington; thence due south to the 
Gulf of Mexico; thence westwardl}^ including all the islands within 
six leagues of the shore, to the most eastern junction of Pearl River 
Avith Lake Borgne ; thence np said river to the thirty-first degree of 
north latitude; thence west, along the said degree of latitude, to the 
Mississippi Kiver; thence up the same to the beginning. 

Sec. 3. And he 'it furtlier enacted^ That all free Avhite male citizens 
of the United States, Avho shall haA'e arrived at the age of twenty- 
one years, and resided within the said Territory at least one 3'ear 
])revious to the time of holding the election, and shall have paid a 
county or territorial tax, and all persons having in other respects the 
legal qualifications to A^ote for representatiA'es in the general assembly 
of the Territory, be, and they are hereby, anthorized to choose repre- 
sentatiA'es to form a convention, ayIio shall be apportioned among the 
seA'eral counties Avithin the said Territory as foUoAVs, to Avit : P'rom 
the county of Warren, tAvo representatiA^es; from the county of Clai- 
borne, four representatives; from the county of Jelferson, four repre- 
sentatives; from the county of Adams, eight representatives; from 
the county of Franklin, tAvo representatives; from the county of 
Wilkinson, six representatiA^es; from the county of Amite, six repre- 
sentatiA'es; from the county of Pike, four representatlA'es ; from the 
county of LaAArence, Iavo representatives; from the county of Marion, 
tAvo representatiA-es; from the county of Hancock, tAvo represent a tiA'es: 
from the county of Wayne, two representatiA'es ; from the county of 
Greene, tAvo representatiA'es; from the county of Jackson, tAAo repre- 
sentatiA'es; and the election of the representatiA-es aforesaid shall be 
holden on the first Monday and Tuesday in June next, throughout 
the seA'eral counties above mentioned, and shall be conducted in the 
same manner as is prescribed by the laAVs of said Territory, regu- 
lating elections therein for members of the house of representatiATs. 

Sec. 4. And he it further enacted. That the members of the con- 
vention, thus duly elected, be, and they hereby are. authorized to 
meet at the toAvn of Washington, on the first ]Monday of July next ; 
Avhich conA'ention. Avhen met, shall first determine, by a majority of 
the Avhole mnnber elected. Avhether it be. or be not, expedient at that 
time to form a constitntion and State government for the people 
Avithin the said Territory; and if it be determined to be expedient, 
the conA'ention shall be, and hereby are, authorized to form a consti- 
tution and State goA'ernment : Prorided, That the same, Avhen formed, 
shall be repnblican, and not repugnant to the principles of the ordi- 
nance of the thirteenth of July, one thousand seA'en hundred and 
eighty-scA-en, betAveen the people and States of the territory nortliAvest 
of the riA^er Ohio, so far as the same has been extended to the said 
territory by the articles of agreement between the United States and 



Mississippi — IS 17 2031 

the State of Georgia, or of llu- Conslilutioii of the United Slater: 
And prorided also, lliat the said convention shall provide. l)y an 
ordinance irrevocable without the consent of the United States, that 
the people inhahilini;: the said I'erritory do agree and declare that 
they forever disclaim all right oi' title to the Avaste or luiapijropriated 
lands lying ^vithin the said Territory, and thist the same shall he and 
j-emain at the sole and entire disposition of the United States; and, 
moreover, that each and every tract of land sold by Congress shall be 
and remain exempt from any tax laid by the order, or tnider tlie 
a.itthority, of the State, Avhether for State, county, township, parish, 
or any other ptirpose whatever, for the term of Ave years, from and 
after the respective days of the sales thereof; and that the lands 
belonging to citizens of the United States, residing without the saicf 
State, shall never be taxed higher than the lands belonging to per- 
sons residing therein; and that no taxes shall be imposed on lands, 
the property of the United States; and that the river Mississippi, 
and the naA'igable rivers and waters leading into the same, or into 
the (xitlf of Mexico, shall be common highways, and forever free, as 
well to the inhabitants of the said State as to other citizens of the 
Ignited States, Avithont any tax. duty, impost, or toll therefor, im- 
j)osed by the said State. 

Si:c. 5. And he it further enaeted. That five per cent, of the net pro- 
ceeds of the lands lying within the said Territory, and which shall 
be sold by Congress from and after the first day of December next, 
after deducting all expenses incident to the same, shall be reserved 
for making public roads and canals; of which three-fifths shall be 
applied to those objects within the said State, under the direction of 
the legislature thereof, and two-fifths to the making of a road or 
roads leading to the said State, under the direction of Congress: 
Prorided. That the application of such proceeds shall not be made 
until after payment is com])leted of the one million two hundred and 
fifty thousand dollars due to the State of Cieorgia, in consideration of 
the cession to the Ignited States, nor until the payment of all the 
stock Avhich has been or shall be created by the act entitled "An act 
providing for the indemnification of certain claimants of public lands 
in the Mississippi Territory," shall b? comj^leted : And prorided also, 
That the said five per cent, shall not Ije calculated on any part of such 
proceeds as shall be applied to the payment of the one million two 
hundred and fifty thousand dollars due to the State of (xeorgia. in 
consideration of the cession to the United States, or in payment of 
the stock which has or shall be created by the act entitled "An act 
providing for the indenniification of certain claimants of jiublic lands 
in the Mississippi Territory.*' 

Sec. 6. And he it farther enacted, That, until the next general cen- 
sus shall be taken, the said State shall be entitled to one Representa- 
tive in the House of Representatives of the United States. 

Aj)pro\"ed. March 1. 1817. 



20;i2 Mississippi— I SI 7 



ADMISSION OF MISSISSIPPI INTO THE UNION— 1817 

[Fifteenth Congress, First Session] 
Resolution for the iulniission of the State of Mississi]»pi into tlu Union 

Whereas, in pursuance of an act of Congress passed on the first day 
of March, one thousand eight hinidred and seventeen, entitled "An 
act to enable the people of the western part of the Mississippi Ter- 
ritory to form a constitution and State government, and for the 
admission of such State into the Union on an equal footing with the 
original States," the people of the said Territory did, on the fifteenth 
day of August, in the present year, by a convention called for that 
purpose, form for themselves a constittition and State government, 
which constitution and State government so formed is republican, and 
in conformity to the principles of the articles of compact between the 
original States and the people and States in the Territory northwest 
of the river Ohio, passed on the thirteenth day of July, one thousand 
seven hundred and eighty-seven — 

■ResoJred hij the /Senate and Hoii.se of Uepreseidatices of the United 
States of Amerk-a in Conr/ress assemhled. That the State of Missis- 
sippi shall be one, and is hereby declared to be one, of the United 
States of America, and admitted into the Union on an equal footing 
with the originrl States, in all respects whatever. 

Approved, December 10, 1817. 

CONSTITUTION OF MISSISSIPPI— 1817 * « 

We, the representatives of the people inhabiting the western part 
of the Mississippi territory, contained within the following limits, 
to wit: Begiiming on the river Mississippi, at the point where the 
southern boundary-line of the State of Tennessee strikes the same ; 
thence east, along the said boundary-line, to the Tennessee River; 
thence up the same to the mouth of Bear Creek ; thence, by a direct 
line, to the northwest corner of the county of AVashington ; thence due 
south to the (lulf of Mexico ; thence westwardly, including all islands 
within six leagues of the shore, to the most eastern junction of Pearl 
River with Lake Borgne; thence up said river to the thirty-first 
degree of north latitude; thence west, along the said degree of lati- 
tude, to the Mississippi River; thence up the same to the beginning, 
assembled in convention, at the town of Washington, on Monday, the 
f-eventh day of July, one thousand eight hundred and seventeen, in 
pursuance of an act of Congress, entitled "An act, to enable the people 
of the western part of the Mississippi Territory to form a constitution 
and State government ; and for the admission of such State into the 
Union, on an equal footing with the original States; " in order to 
secure to the citizens thereof the rights of life, liberty, and property ; 

* Verified from " The Constitution and Form of Government for the State of 
Mississippi [Printed l).v Order of the (ieneral Assembly] Natchez: Printed by 
Marscliallc and Evens & Co.. State Printers. 1821." .^2 pp. 

"This constitution was framed by a convention which met at the town of 
Washington July 7. 1817. and completed its labors August 15, 1817. It was 
submitted to the people and ratified at a special election. • 



Mississippi — 1817 2033 

tlo ordain and ('stal)lisli the followino- constitution and form of ^ov- 
ornniont. and do nnitually affrcc with each other to form ourselves 
into a free and indejK'ndent State, by the name of the State of Missis- 
sippi. 

AjrricLE I 

OKCr.AHATION" OK KICIITS 

That the general, great, and essential principles of liberty and free 
government may be i-ecognized and established, we declare — 

Section 1. That all freemen, when they form a social compact, 
are equal in rights; and that no man or set of men are entitled to 
exclusive, separate public emoluments or privileges, from the com- 
munity, but in consideration of i)ublic services. 

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

Sec. 3. The exercise and enjoyment of religious ])rofession and 
Avorship, without discrimination, shall forever be free to all persons 
in this State: Proridcd^ That the right hereby declared and estab- 
lished shall not be so construed as to excuse acts of licentiousness, or 
justify practices inconsistent with the peace and safety of this State, 

Sec. 4. No preference shall ever be given by law to any religious 
sect or mode of worship. 

Sec. 5. That no person shall be molested for his opinions on any 
subject whatever, nor suffer any civil or political incapacity, or acquire 
any civil or political advantage, in consequence of such ()i:)inions, ex- 
cept in cases provichnl for in this constitution. 

Sec. n. Every citi7,en may freely speak, write, and ])ublish his 
sentiments on all subjects, being responsible for the abuse of that 
liberty. 

Sec. 7. Xo law shall ever be passed to curtail or i-estrain the lil)erty 
of speech or of the press. 

Sec 8. In all prosecutions or indictments for libels, the truth may 
be given in evidence; and the jury shall have the right to determine 
the law and the facts, under the direction of the court. 

Sec. 0. That the people shall be secure in their persons, houses, 
papers, and possessions, from unreasonable seizures or seai'ches; and 
that no warrant to search any i)lace, or to seize any ]:)erson or things, 
shall issue without describing them as nearly as may ix*. nor withoiit 
])rol)able cause, supported by oath or affirmation. 

Sec. 10. That in all criminal prosecutions, the accused hath a right 
to be heard by himself and counsel; to demand the nature and cause 
of the accusation; to be confronted by the witnesses against him; to 
have compulsory process foi- obtaining witnesses in his favor: and. 
in all ])rosecutions by indictment or information, a sp(>edy ])ublic 
trial, by an impartial jury of the county; that he cannot be compelled 
to give evidence against himself, nor can he be deprived of his life, 
liberty, or property, but by due course of law. 

Sec. 1 1. No person shall be accused, arrested, or detained, except in 
cases ascertained by law, and according to the forms which the same 
has i)rescril)ed ; and no ])erson shall be ^lunished but in vii'tue of a 
72.".:', — v( ) r, : '. — ( )7 1 4 



2034 * Mississippi — 1817 

law established and ])r()nudgate(l prior to tlic offence, and legally 
applied. 

Sec. 12. That no person shall, for any indictable offence, Ije pro 
ceeded against criminally by information, except in cases arising 
in the land or naval forces, or the militia, when in actnal service, or 
b}^ leave of the conrt, for misdemeanor in office. 

Sec. 13. No person shall, for the same offence, be twice put in jeop- 
ardy of life or limb, nor shall any person's property be taken or 
applied to public use, without the consent of his representatives, 
and without just compensation being made therefor. 

Sec. 14. That all courts shall be open, and every person for any 
injury done him in his lands, goods, person, or reputation, shall haA^e 
remedy b}^ due course of law; and right and justice administered 
without sale, denial, or delay. 

Sec. 15. That no power of suspending laws shall be exercised 
except by the legislature or its authorit3\ 

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

Sec. it. That all prisoners shall, before conviction, be bailable by 
sufficient securities, except for capital offences, when the proof is evi- 
dent or the presumption great ; and the privilege of the writ of habeas 
r-orpus shall not be suspended unless when, in case of rebellion or 
invasion, the public safety may require it. 

Sec. 18. That the person of a debtor, Avhere there is not strong pre- 
sumption of fraud, shall not be detained in prison after delivering 
up his estate for the benefit of his creditors, in such manner as shall 
be prescribed by hiAv. 

Sec. 19. That no e.e post facto laAv. nor hnv impairing the obliga- 
tion of a contract, shall be made. 

Sec. 20. That no person shall be attainted of treason or felony by 
the legislature. 

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

Sec. 22. That the citizens have a right, in a peaceable manner, to 
assemble together, for their common good, and to apply to those 
invested Avith the powers of government for redress of grievances 
or other ])roper purposes, by petition, address, or remonstrance. 

Sec. 23. EA-ery citizen has a right to bear arms, in defence of him- 
self and the State. 

Sec. 24. No standing army shall be kept up, Avithout the consent 
of the legislature; and the military shall, in all cases and at all times, 
be in a strict subordination to the civil poAver. 

Sec. 25. That no soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of Avar, l>ut in a 
manner to be prescribed by hiAv. 

Sec. 26. That no hereditary emoluments, privileges, or honors 
shall CA^er be granted or conferred in this State. 

Sec. 27. No citizen of this State shall be exiled, or preA^ented from 
emigrating, on any pretence Avhatever. 

Sec. 28. The right of trial by jury shall remain inviolate. 

Sec. 29. No person shall be debarred from ])rosecuting or defend- 
ing any ciA'il cause, for or against him or her self, before any tribunal 
in this State. h\ him or her self or counsel, or both. 



Mississ ipj ) i — -1 817 2035 

CONtlAT.SIOX 

To <2:uar(l against transgressions of the high powers herein dele- 
gated. Ave declare that everything in this article is excepted out of the 
general powers of government, and shall forever remain inviolate; 
and that all laws contrary thereto, or to the following provisions, shall 
be void. 

Article II 

DlSTIUHl Tl()> OF I'(»WP:KS 

Section 1. Ihe powers of the government of the State of Mis- 
sissippi shall be divided into three distinct de])artments, and each 
of them confided to a separate body of magistracy, to Avit : those 
Avhich are legislative, to one; those Avhich are execntiA'e. to another; 
and those which are judicial, to another. 

Sec. '1. No person, or collection of persons, being of one of those 
de])artments. shall exercise any power j)r()perly l)elonging to either 
of the others, except in the instances hereinafter expressly directed 
or permitted. 

Article III 

LEGISLATIVE DEPARTMENT 

Section 1. Every free Avhite male person of the age of twenty-(Mie 
years or upAvards. Avho shall bo a citizen of the United States, and 
shall have resided in this State one year next preceding an election, 
nnd the last six months within the county, city, or toAvn in which he 
offers to \()te. and shall be enrolled in the militia thereof, except 
exenqited l)y hnv from military service: or. having the aforesaid 
(jualifications of citizenship and residence, shall liaA'e paid a State 
or county tax, shall be deemed a qualified elector. But no elector shall 
be entitled to \<)te. except in the county, city, or toAvn (entitled to 
separate re])r('sentation) in whidi lie may reside at the time of the 
election. 

Sec. 2. Electors shall, in all cases. excei)t in those of treason, fel- 
ony, or breach of the peace, be privileged from arrest during their 
attendance at elections, and in going to and returning froui the sauie. 

Sec. 3. The first election shall be by ballot, and all futui'e elections 
by the peo])le shall be regulated by law. 

Sec. 4. The legislatiA'e power of this vState shall be Aested in two 
distinct branches; the one to be styled the senate, the othei- the house 
of representatives, and l)()tli together. " the general assembly of the 
State of Mississippi.'' And the style of tlieii- laws shall be "I>( if 
enacted J>i/ the fieiutte and Iioase of reprcsc/itat/rcs of the State of 
Missin.'iippi in (jeneiud asse)nhhi eon mied" 

Sec. 5. The members of the liouse of representatives shall be chosen 
by the qualified electors, and shall serve for the tei'm of one year from 
the day of the commencement of the general election, and no longer. 

Sec. C). The repi'esentatives shall be chosen evei-y year, on th(^ fii'st 
Monday and the day folloAviug in August. 

Sec. T. No j)ers()n shall b(> a i'e])resentative uuless he be a citizen 
of the I"^nite(l States and shall have l)een an inhabitant of this State 
tAvo years next ])receding his election, and the last year thereof a 



2036 Mi8sissij>pi—lS17 

resident of the county, city, or toAvn for Avhicli he shall be chosen, 
and shall have attained to the age of twenty-two years; and also, 
unless he shall hold, in his own right, within this State, one hundred 
and fifty acres of land, or an interest in real estate of the value of 
five hundred dollars, at the time of his election, and for six months 
previous thereto. 

Sec. 8. Elections for representatives for the several counties shall 
be held at the places of holding their respective courts, or in the sev- 
eral election districts into which the legislature may divide any 
county: Provided, That when it shall appear to the legislature that 
any city or toAvn hath a number of free white inhabitants equal to the 
ratio then fixed, such city or town shall have a separate representation, 
according to the number of free white inhal)itants therein, which shall 
be retained so long as such city or town shall contain a numl)er of free 
white inhabitants equal to the existing ratio; and thereafter, and 
during the existence of the right of separate representation in such 
city or town, elections for the county in which such city or town 
entitled to a separate representation is situated shall not be held in 
such city or town: And provided, That if the residuum or fraction 
of any city or town entitled to separate representation shall, when 
added to the residuum in the county in which it may lie, be equal to 
the ratio fixed by law for one representative, then the aforesaid 
county, city, or town having the largest residuum shall be entitled 
to such representation: And provided also. That when there are two 
or more counties adjoining, which have residuums over and above the 
I'atio then fixed by law, if said residuums, when added together, will 
amount to such ratio, in that case one reiDresentative shall be added to 
that county having the largest residuum. 

Sec. 9. The general assembly shall, at their first meeting, and in the 
year one thousand eight hundred and twenty, and in not less than 
every three nor more than every five years thereafter, cause an enu- 
meration to be made of all the free white inhabitants of the State; 
and the whole number of representatives shall, at the several periods 
of making such enumeration, be fixed by the general assembly, and 
apportioned among the several counties, cities, or towns entitled to 
separate representation according to the number of free white inhabi- 
tants in each ; and shall not be less than twenty-four, nor greater 
than thirty-six. until the number of free white inhabitants shall be 
eighty thousand ; and after that event, at such ratio that the Avhole 
number of representatives shall never be less than thirty-six nor more 
tluin one hundred: Provided, however. That each county shall always 
be entitled to at least one representative. 

Sec. 10. The whole number of senators shall, at the several periods 
of making the enumeration before mentioned, be fixed by the general 
assembly, and apportioned among the several districts to be estab- 
lished by law, according to the number of free white taxable inhabi- 
tants in each, and shall never be less than one-fourth nor more than 
one-third of the whole number of representatives. 

Sec. 11. The senators shall be chosen by the qualified electors for 
three 3^ears; and. on their being convened in consequence of the first 
election, they shall be divided by lot, from their respective districts, 
into three classes, as nearly equal as can be. The seats of the senators 
of the first class shall be vacated at the ex])iration of the first year; 



Mississii>/,i—1817 2087 

and of tlic second class, al the ('.\i)irat ion of tlic second year: and of 
the thii'd class, at the expiration of the third year: so that one-third 
thereof ma}' be aimally chosen thereafter. 

Sec. 12. Such mode of chissifving new additional senators shall be 
observed as will, as nearly as possible, preserve an equality of mnnbers 
in each class. 

Sec. i;i. When a senatorial district shall be composed of two or 
more counties, it shall not be entirely separated by any county be- 
lonijing to another district; and no county shall be divided in form- 
ing a district. 

Sec. 14. No person shall be a senator unless ho be a citizen of the 
United States, and shall have been an inhabitant of this State four 
years next preceding his election, and the last year thereof a resident 
of the district for which he shall be chosen, and shall have attained 
to the age of twenty-six years; and also, unless he shall hold, in his 
OAvn right, within this State, three hundred acres of land, or an inter- 
est in real estate of the value of one thousand dollars, at the time of 
his election, and for six months previous thereto. 

Sec. IT). The house of representatives, when assembled, shall choose 
a speaker and its other officers; and the senate shall choose its officers, 
except the i^resident; and each house shall judge of the qualifications 
and elections of its own members; but a contested election shall be 
determined in such manner as shall be directed by law. A majority 
of each house shall constitute a quorum to do business; but a smaller 
nnmber may adjourn from day to day, and may compel the attendance 
of absent members in such manner and under such ])enalties as each 
house may provide. 

Sec. 10. P2ach house may deternune the rules of its own proceed- 
ings, punish members for disorderly behavior, and, with the consent 
of two-thirds, expel a member, but not a second time for the same 
cause, and shall have all other powers necessary for a branch of the 
legislature of a free and independent State. 

Sec. it. Each house shall kee]) a journal of its ]:)roceediugs, and 
publish the same, excepting such ])arts as in its judgment may re- 
quire secrecy; and the yeas and nays of the members of either house, 
on any (juestion, shall, at the desire of any three members present, be 
entered on the journals. 

Sec. 18. AYhen vacancies happen in either house, the governor, or the 
person exercising the powei-s of the governor, shall issue writs of elec- 
tion to fill such vacancies. 

Sec. v.). Senators and representatives shall in all cases, except of 
treason, felony, or breach of the ])eace, 1)0 i)rivileged from arrest dur- 
ing the session of the general assembly, and in going to and returning 
from the same; allowing one day for every twenty miles, such member 
may reside from the i)lace at which the general assembly is convened. 

Sec. 20. Each house may punish by imprisonment, during the ses- 
sion, any person, not a member, for disrespectful or disorderly be- 
havior in its presence, oi" for obstructing any of its proceedings: 
Provided., Such imprisonment shall not at any one time exceed forty- 
eight hours. 

Sec. 21. The doors of each house shall l)o open, except on such 
occasions as, in tlu^ oj)inion of the house, may require secrecy. 



2038 Mississippi— 1817 

Sec 22, Xeithcr house shall, without the consent of the other, 
ndjourn for more than three days, nor to any other place than that in 
which they may be sitting. 

Sec. 23. Bills may originate in either house, and be amended, 
altered, or rejected by the other; but no bill shall have the force of a 
law until, on three several days, it be read in each house, and free 
discussion be allowed thereon, unless, in cases of urgency, four-fifths 
of the house in which the bill shall be depending ma}^ deem it expe- 
dient to dispense with this rule; and every bill having passed both 
houses shall be signed by the speaker and j^resident of their respective 
houses. 

Sec. 24. All bills for raising revenue shall originate in the house 
of representatives, but the senate mav amend or reject them as other 
bills. 

Sec. 25. Each member of the general assembly shall receive from 
the public treasury a compensation for his services which may be 
increased or diminished by law; but no increase of compensation shall 
take eli'ect during the session at which such increase shall have been 
made. 

Sec. 2G. Xo senator or representative shall, during the term for 
which he shall have been elected, nor for one year thereafter, be 
appointed to any civil office of profit under this State which shall 
have been created, or the emoluments of which shall have been in- 
creased, during such term ; except such offices as may be filled by elec- 
tions by the people; and no member of either house of the general 
assembly shall, after the commencement of the first session of the 
legislature after his election and during the remainder of the term 
for which he is elected, be eligible to any office or place the a^Dpoint- 
ment to which may be made in Avhole or in part l)y either branch of 
the general assembly. 

Sec. 27. Xo judge of any court of law or equity, secretary of state, 
attorney-general, clerk of any court of record, sheriff, or collector, or 
any person holding a lucrative office under the United States (the 
office of postmaster excepted) or this State shall be eligible to the 
general assembly: Providech That officers in the militia, to which 
there is attached no annual salary, or the office of justice of the peace, 
or of the quorum, shall not be deemed lucrative. 

Sec. 28. Xo person Avho hath heretofore been, or hereafter may be, 
a collector or holder of public moneys shall have a seat in either house 
of the general assembly, until such person shall have accounted for 
and paid into the treasury all sums for Avhich he may be accountable. 

Sec. 29. The first election for senators and representatives shall be 
general throughout the State, and shall be held on the first Monday 
and Tuesday in September next ; and thereafter there shall be an 
annual election for senators to fill the places of those whose lerm of 
service may have expired. 

Sec. 30. The first session of the general assembly shall commence on 
the first ISIonday in October next, and be held at the city of Xatchez, 
and thereafter at such place as may be directed by law; and there- 
after the general assembly shall meet on the first Monday in Xovem- 
ber in every year, and at no other period, unless directed by law, or 
provided for by this constitution. 



Mississippi— 1817 2039 

Article IV 

EXECUTIVE DEPARTMEXT 

Section 1. The supreme executive power of this State shall be 
vested in a governor, who shall l)e elected by the qualified electors, 
and shall hold his office for two years from the time of his installation, 
and until his successor be duly qualified. 

Sec 2. The returns of every election for governor shall be sealed 
up and transmitted to the seat of government, directed to the secre- 
tary of State, who shall deliver them to the speaker of the house of 
representatives, at the next ensuing session of the general assembly, 
during the first week of which sessicm the said speaker shall open and 
publish them in the presence of both houses of the general assembly. 
The ])erson having the highest number of votes shall be governor; 
but if two or more shall be equal and highest in votes, one of them 
shall be chosen governor by the joint ballot of both houses. 

Contested elections for governor shall be determined by both houses 
of the general assend)ly, in such manner as shall be i)rescribed by law. 

Sec. 3. The goA'ernor shall be at least thirty years of age, shall have 
been a citizen of the United States for twenty years, shall have re- 
sided in this State at least five years next preceding the day of his 
election, and shall be seized in his own right of a freehold estate of 
six hundred acres of land, or of real estate of the value of two 
thousand dollars, at the time of his election and twelve months pre- 
vious thereto. 

Sec. 4. He shall at stated times receive a compensation for his 
services, which shall not be increased or diminished (hu-ing the term 
for which he shall have been elected. 

Sec. 5. He shall be connnander-in-chief of the army and navy of 
this State, and of the militia, except when they shall be called into the 
service of the United States. 

Sec. G. He may require information, in writing, from the officers 
in the executive department on any subject relating to the (bities of 
their respective offices. 

Sec. T. He may, on extraordinary occasions, convene the general 
asseuibly at the seat of government, or at a difi'erent place if that shall 
have become, since their last adjournment, dangerous from an enemy 
or from contagious disorders, and in case of disagreement between the 
two houses, Avith respect to the time of adjournment, adjourn them to 
such time as he shall think projier, not beyond the day of tlie next 
annual meeting of the general assembly. 

Sec. 8. He shall, from time to time, give to the general assembly 
information of the state of the government, and recommend to their 
consideration such measures as he shall deem ex])edient. 

Sec. 0. He shall take care that the laws be faithfidly executed. 

Sec. 10. In all criminal and penal cases, excei)t in those of tn^ason 
and impeachment, he shall have })ower to grant reprieves and pardons 
and remit fines and forfeitures, under such rules and regulations as 
shall be prescribed by law. In cases of treason he shall have power 
to grant rei)rieves and pardons, by and with the advice and consent 
of the senate, but may i-esj)ite the sentence until the end of the next 
session of the general assemblv. 



2040 ^ liss iss ippi— IS 17 

Sec. 11. All coinmissioiis shall he in the iiaiiie and by the authority 
of the State of Mississippi, l)e sealed with the State seal, and si<rned 
by the governor, and attested by the secretary of state. 

Sec. 1'2. There shall be a seal of this State, which shall be ke])t l)y 
the governor, and used by him officially, and shall be called the great 
seal of the State of Mississippi. 

Sec. 13. When a vacancy shall hapi^en in any office during the 
recess of the general assembly, the governor shall have power to fill 
the same, by granting a commission, Avhich shall expire at the end of 
the next session of the general assembly, except in cases otherwise 
directed by this constitution. 

Sec. 14. A secretary of state shall be appointed, who shall continue 
in office during the term of two years. He ^hall keej:) a fair register 
of all the official acts and proceedings of the governor, and shall, »vhen 
required, lay the same, and all papers, minutes, and vouchers relative 
thereto, before the general assemblj'^, and shall perform such oth^r 
duties as may be required of him by law. 

Sec. 15. Every bill which shall have passed both houses of the gen- 
eral assembly shall be presented to the governor; if he approve he 
shall sign it, but if not he shall return it, Avitli his objections, to the 
house in which it shall have originated, who shall enter the objections 
at large upon the journals and jjroceed to reconsider it; if, after such 
reconsideration, two-thirds of that house shall agree to pass the bill, 
it shall be sent, with the objections, to the other house, by which it 
shall likewise be reconsidered; if approved by two-thirds of that 
house it shall become a law ; but in such cases the votes of Ijoth houses 
shall be determined by yeas and nays, and the names of the members 
voting for and against the bill shall be entered on the journals of each 
house respectivel3\ If any bill shall not be returned by the governor 
within six days (Sundays excepted) after it shall have been presented 
to him, the same shall be a law, in like manner as if he had signed it, 
unless the general assembly, by their adjournment, prevent its return, 
in wdiich case it shall not be a law. 

Sec. 1G. Every order, resolution, or vote, to which the concurrence 
of both houses may be necessary, except on questions of adjournment, 
shall be presented to the governor, and before it shall take effect be 
approved by him, or, being disapproved, shall be repassed by both 
houses, according to the rules and limitations prescribed in case of a 
bill. 

Sec. 17. The appointment of all officers, not otherwise directed by 
this constitution, shall be by the joint vote of both houses of the gen- 
eral assembly ; the votes shall be given oiva voce^ and recorded in the 
public journal of each house: Provided., That the general assembly be 
authorized to provide by hnv for the appointment of all inspectors, 
collectors, and their deputies, surveyors of highways, constables, and 
such other inferior officers, Avhose jurisdiction nuiy be confined within 
the limits of the county. 

Sec. 18. There shall be also a lieutenant-governor, who shall bt' 
chosen at every election for a governor, by the same persons, in the 
same manner, continue in office for the same time, and possess the 
same qualifications. In voting for governor and lieutenant-governor, 
the electors shall distinguish whom they vote for as governor and 
whom as lieutenant-jiovernor. 



Mississippi— 1817 2041 

Sec. 19. The lieuteuaiit-^iovoi-nor >liall. \>y virtue of his oflfico, Ix- 
president of the senate, and have, when in c-ommittec of th(> \vli()U\ a 
right to debate and vote on all questions, and. when the senate is 
equally divided, to give the casting vote. 

Sec. 20. In case of the death, resignation, refusal to serve, or 
removal from office of the governor, or of his impeachment or absence 
from the State, the lieutenant-governor shall exercise the i)owers and 
authority appertaining to the office of governor, until another be 
chosen at the next periodical election for governor, and be duly (]uali- 
fied; or until the governor impeached or absent shall be ac(|uitted 
or return. 

Sec. 21. Whenever the government shall be administered by the 
lieutenant-governor, or he shall be unable to attend as president of 
the senate, the senate shall elect one of their own members as president 
pro tempore. 

And if, during the vacancy of the office of governor, the lieutenant- 
governor shall die, resign, refuse to serve, or be i-emoved from office ; 
or if he shall be impeached, or absent from the State, the president 
of the senate pro tempore shall, in like manner, administer the gov- 
ernment, until he shall be superseded by a governor or lieutenant- 
governor. The lieutenant-governor shall, whilst he acts as president 
of the senate, receive for his service the same compensation which 
shall, for the same period, be allowed to the speaker of the house of 
representatives, and no more; and during the time he administers 
the government as governor, shall receive the same compensation 
Avhich the governor would have received had he been emi)loved in the 
duties of his office, and no more. 

Sec. 22. The president pro tempore of the senate shall, during the 
time he administers the government, receive, in like manner, the 
same comjiensation which the governor would have received had he 
been employed in the duties of his office, and no more. 

Sec. 23. If the lieutenant-governor shall be required to administer 
the government, and shall, whilst in such administration, die, i-esign, 
or be absent from the State, during the recess of the general assembly, 
it shall be the duty of the secretary of state, for the time being, to 
convene the senate for the purpose of choosing a })resident pro 
tempore. 

Sec. 24. A sheriff, and one or more coroners, shall be elected in 
each county by the qualified electors thereof, who shall hold their 
offices for two years, unless sooner removed. 

Sec. 2"). A State treasurer and an auditoi- of ])ublic accounts shall 
be annually ai)pointed. 

MILITIA 

Section 1. The general asseml)ly shall provide by law foi- organ- 
izing and disciplining the militia of this State, in such manner as 
they shall deem expedient, not incompatible with the Constitution 
and laws of the United States, in relation thereto. 

Sec. 2. Officers of the militia shall be elected or appoiiitccl in -lu h 
manner as the legislature shall from time to time diicct. and shall be 
commissioned by the governor. 

Sec. ?y. Those persons who conscientiously scrui)le to bear arms 
shall not be compelled to do so, but shall pay an equivalent for per- 
sonal service. 



2042 Mississippi— iS 17 

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

Article V 

JUDICIAL DKPARTMENT 

Section 1. The judicial power of this State shall be vested in one 
supreme court, and such superior and inferior courts of law and 
equity as the legislature may, from time to time, direct and establish. 

Sec. 2. There shall be appointed in this State not less than four 
nor more than eight judges of the supreme and superior courts, Avho 
shall receive for their services a compensation which shall be fixed by 
law, and shall not be diminished during their continuance in office: 
Provided^ That the judge whose decision is under consideration in 
the supreme court shall not constitute one of the court to determine 
the question on such decision; but it shall be the duty of such judge 
to report to the supreme court the reasons upon which his opinion 
was founded. 

Sec. 3. The State shall be divided into convenient districts, and 
each district shall contain not less than three nor more than six 
counties. For each district there shall be appointed a judge, who 
shall, after his a])pointment, reside in the district for which he is 
appointed. 

Sec. 4. The superior court shall have original jurisdiction in all 
matters, civil and criminal, within this State : but in civil cases, only 
where the matter or sum in controversy exceeds fifty dollars. 

Sec. 5. A superior court shall be held in each county in the State at 
least twice in every year. The judges of the several superior courts 
may hold courts for each other when they may deem it expedient, or 
as they may be directed by law. 

Sec. 6. The legislature shall have power to establish a court or 
courts of chancery, with exclusive original equity jurisdiction; and, 
until the establishment of such court or courts, the said jurisdiction 
shall be vested in the superior courts respectively. 

Sec. 7. The legislature shall have power to establish in each county 
within this State a court of probate for the granting of letters testa- 
mentary, and of administration, or orphans' business, for county 
police, and for the trial of slaves. 

Sec. 8. A competent number of justices of the peace shall be ap- 
pointed in and for each county, in such mode, and for such term of 
office, as the legislature shall direct. Their jurisdiction, in civil cases, 
shall be limited to causes in which the amount in controversy shall 
not exceed fifty dollars. And in all cases tried by a justice of the 
peace, right of appeal shall be secured, under such rules and regula- 
tions as shall be prescribed by law. 

Sec. 0. The judges of the several courts of this State shall hold 
their offices during good behavior. And for wilful neglect of duty, 
or other reasonable cause, which shall not be sufficient ground for an 
impeachment, the governor shall remove any of them on the address 
of two-thirds of each house of the general assembly: Provided, how- 
ever^ That the cause or causes for Avhich such removal shall be re- 
quired shall be stated at length in such address, and on the journals of 



Mississippi — 1817 2043 

each house: And provided further. That the judge so intendcHl to be 
removed shall be notified, and admitted to a hearin<; in his own 
defence, before any vote for such address shall pass. 

Sec. 10. Xo person avIio shall have arrived at the age of sixty-five 
years shall be appointed to, or continue in, the office of judge in this 
State. 

Sec. 11. Each court shall appoint its own clerk, who shall hold his 
office during good behavior, l)ut shall be removable therefrom for 
neglect of duty, or misdemeanor in office, by the supreme court, which 
court shall determine both the law and the fact: Proridcd, That the 
clerk so appointed shall have been a resident of the county in which 
he is clerk at least six months previous to his appointment. 

Sec. 12. The judges of the supreme and superior court shall, by vir- 
tue of their offices, be conservators of the peace throughout the State. 

Sec. 13. The style of all process shall be, '' The State of ]^Iissis- 
sippi," and all prosecution shall be carried on in the name and by the 
authority of " the State of ^Mississippi," and shall conclude, '" against 
the i^eace and dignity of the same." 

Sec. 14. There shall be an attorney-general for the State, and as 
many district attorneys as the general assembly may deem necessary, 
who shall hold their offices for the term of four years, and shall 
receive for their services a compensation, which shall not be dimin- 
ished during their continuance in office. 

impeachments 

Secttox 1. The house of I'cpivscntativcs shall lunc tlie sole power 
of im])eaching. 

Sec. 2. All impeachments shall be tried by the senate: when sitting 
for that purpose the senators shall be on oath or affirmation. Xo per- 
son shall be convicted Avithout the concurrence of two-thirds of the 
members present. 

Sec. 3. The governor and civil officers shall be liable to impeach- 
ment for any misdemeanor in office: but judgment in such cases shall 
not extend further tlian to removal from office, and dis(inaliHcati()n to 
hold any office of honor, trust, or jii'ofit under this State: but the 
party convicted shall, nevei'tludess. be liable and subjcH-t to indictment, 
trial, and piniislnnent. according to law. as in other cases. 

AhticM': VT 
(ienehai. provisions 

Section 1. Members of the general assembly and all officers, execu- 
tive', and jiulicial, before they enter on the execution of their resj)ective 
offices, shall take the following oath or affirmation, to wit: ''I sol- 
emidy swear (or aflirm, as the case may be) that I will support the 
Constitution of the United States, and the constitution of tlu' State 
of Mississipjii, so long as I continue a citizen thereof, and that 1 will 
faithfully discharge, to the best of my abilities, the duties of the 
office of , according to law : So help me God." 

Sec. 2. The general assembly shall have power to pass such penal 
laws to suppress the evil practice of duelling, extending to disciuaiili- 
catiou from office or the tenure thereof, as they may deem expedieut. 



2044 Mississippi — 1817 

Sec. ;>. Treason against, the State shall consist only in levying war 
against it, or in adhering to its enemies, giving them aid and comfort. 
A\) 25erson shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or his own confession in open 
court. 

Sec. 4. Every person shall be disqualified from holding an office or 
place of honor or profit, under the authority of this State, who shall 
be convicted of having given or offered any bribe to procure his 
election. 

Sec. 5. Laws shall be made to exclude from office, and from suf- 
frage, those who shall thereafter be convicted of bribery, perjury, 
forgery, or other high crimes or misdemeanors. The privilege of free 
suffrage shall be supported by laws regulating elections, and pro- 
hibiting, under adequate penalties, all undue influence thereon, from 
power, bribery, tumult, or other improper conduct. 

Sec. G. No person who denies the being of God or a future state of 
rewards and punishments shall hold any office in the civil department 
of this State. 

Sec. T. Ministers of the gospel being, by their profession, dedicated 
to God and the care of souls, ought not to be diverted from the great 
duties of their functions: therefore, no minister of the gospel, or 
priest of any denomination whatever, shall be eligible to the office of 
governor, lieutenant-governor, or to a seat in either branch of the 
general assembly. 

Sec. 8. No money shall be drawn from the treasury', but in conse- 
quence of an appropriation made by law, nor shall any appropriation 
of money, for the support of an army, be made for a longer term than 
one year; and a regular statement and account of the receipts and 
expenditures of all public money shall be published annually. 

Sec. 9. No bank shall be incorporated by the legislature without 
the reservation of a right to subscribe for, in behalf of the State, at 
least one-fourth part of the capital stock thereof, and the appoint- 
ment of a proportion of the directors equal to the stock subscribed for. 

Sec. 10. The general assembly shall pass no law impairing the 
obligation of contracts, prior to the year one thousand eight hundred 
and twenty-one, on account of the rate of interest, fairly agreed on in 
writing between the contracting parties, for a hona-fde loan of 
money; but they shall have powder to regulate the rate of interest 
where no special contract exists in relation thereto. 

Sec. 11. The general assembly shall direct by law in what manner 
and in what courts suits may be brought against the State. 

Sec. 12. All officers of the State, the term of Avhose appointment is 
not otherwise directed by this constitution, shall hold their offices dur- 
ing good behavior. 

Sec. 13. Absence on business of this State, or of the United States, 
or on a visit, or necessary private business, shall not cause a forfeiture 
of a residence once obtained. 

Sec. 14. It shall be the duty of the general assembly to regulate by 
law the cases in which deductions shall be made from the salaries of 
public officers for neglect of duty in their official capacity, and the 
amount of such deduction. 

Sec. 15. No member of Congress, nor any person holding any office 
of profit or trust under the United States, or either of them, the office 



Mississippi — 1817 2045 

of postmaster excepted, or under any foreign power, shall lioM or 
exercise any office of trust under this State. 

Sec. U). Religion, morality, and knowledge- being necessary to 
good government, the preservation of liberty, and the haj)piness of 
manlvind, schools, and the means of education, shall forever be en- 
couraged in this State. 

Sec. 17. Divorces from the bonds of matrimony shall not be 
granted, but in cases provided for by law, by suit in chancery : Pro- 
rided, That no decree for such divorce shall have effect until the 
same shall be sanctioned by two-thirds of both branches of the gen- 
eral assembly. 

Sec. 18. Returns of all elections l)y the people shall l)e made to 
the secretary of state. 

Sec. 19. Xo new county shall In' established In the general assem- 
bly which shall reduce the county or counties, or either of them, 
from which it may be taken to a less content than five hundred 
and seventy-six square miles, nor shall any new county be laid off of 
less contents. 
' Sec. 20. That the general assembly shall take measures to pre- 
serve from unnecessary waste or damage such lands as are or may 
hereafter be granted by the United States for the use of schools, 
within each townshij) in this State, and apply the funds which may 
be raised from such lands, by rent or lease, in strict conformity to the 
object of such gi'ant ; but no lands granted for the use of such town- 
ship schools shall ever be sold by any authority in this State. 



Section 1. The general assembly shall have no power to pass laws 
for the emancipation of slaves, without the consent of their ow^ners, 
unless where a slave shall have rendered to the State some dis- 
tinguished service, in which case the owner shall be paid a full equiva- 
lent for the slaves so emancipated. They shall have no power to 
prevent immigrants to this State from bringing with them such per- 
sons as are deemed slaves by the laws of any one of the United 
States, so long as any person of the same age or description shall be 
continued in slavery by the laws of this State: Proridcd, That such 
person or slave be the hona-fide property of such immigrants; Aiul 
provided also, That laws may be passed to prohibit the introduction 
mto the State of slaves who may have committed high crimes in other 
States. They shall have power to ])ass laws to ]xM'mit the owners of 
slaves to emanci])ate them, saving the i-ights of creditors, and j^re- 
venting them from becoming a jMiblic charge. They shall have full 
power to j^revent slaves from being brought into this State as mer- 
chandise; and also to oblige the owners of slaves to treat them with 
humanity, to provide for them necessary clothing and provision, to 
abstain from all injuries to them extending to life or limb, or in 
case of their neglect or refusal to comply with the directions of such 
laws, to have such slave or slaves sold for the benefit of the owner 
or owners. 

Sec. 2. In the jjrosecution of slaves for crimes, no inquest by a 
grand jury shall be necessary, but the proceedings in such cases 
shall be regulated by law ^ exce]it that, in capital cases, the general 
assembly sliall have no ]i()weT- to depi'ive them of an imjiartial trial 
by a petit jury. 



2046 Mississijjpi — 1817 

MODE OF KEVISINO THE CONSTITUTION 

That whenever Iwo-thirds of the general assembly shall deem it 
necessary to amend or change this constitution, they shall recom- 
mend to the electors, at the next election for members of the general 
assembly, to vote for or against a convention, and if it shall aj^pear 
that a majority of the citizens of the State, voting for representatives, 
have voted for a convention, the general assembly shall, at their next 
session, call a convention, to consist of as many members as there 
ma}' be in the general assembly, to be chosen by the qualified electors, 
in the manner and at the times and places of choosing members of 
the general assembly, which convention shall meet within three 
months after the said election, for the purpose of revising, amending, 
or changing the constitution. 

Schedule 

Section 1, That no inconvenience may arise from a change of terri- 
torial to a permanent State government, it is declared, that all rights, 
actions, prosecutions, claims, and contracts, as Avell of individuals as 
of bodies-corporate, shall continue as if no such change had taken 
place. 

Sec. 2. All fines, penalties, forfeitures, and escheats, accruing to 
the Mississippi Territory, within the limits of this State, shall inure 
to the use of the State. 

Sec. 3. The validity of all bonds and recognizances executed to the 
governor of the Mississippi Territory shall not be impaired by the 
change of government, but may be sued for and recovered in the name 
of the governor of the State of Mississippi and his successors in 
office ; and all criminal or penal actions, arising or now depending 
Avithin the limits of this State, shall be prosecuted to judgment and 
execution in the name of the said State. All causes of action arising 
to indiA'iduals. and all suits at law or in equity, now depending in the 
several courts within the limits of this State, and not already barred 
by law, may be commenced in, or transferred to, such court as may 
have jurisdiction thereof. Bonds, recognizances, and other papers 
and writings, properly belonging to the eastern section of the Mis- 
sissippi Territory, not comprised within the limits of this State, shall 
l)e transferred to the offices to which they severally belong. 

Sec. 4. All officers, civil and military, now holding connuissions 
under the authority of the United States or of the Mississippi Terri- 
tory, within this State, shall continue to hold and exercise their 
respective offices under the authority of this State, until they shall be 
superseded under the authority of this constitution, and shall receive 
from the treasury of this State the same compensation which they 
heretofore received for their services, in j^roportion to the time they 
shall be so employed. The governor shall have power to fill vacan- 
cies by commissions, to expire so soon as elections or appointments 
can be made to such office by the authority of this constitution. 

Sec. ."). All laws and parts of laws now in force in the ^lississippi 
Territory, and not repugnant to the provisions of this constitution, 
shall continue and remain in force as the laws of this State, until tliev 



Mississipjji — IS 17 2047 

expire by tlieir own limitation, or shall lu- altcicd di- repealed by llif 
legislature thereof. 

Sec. (j. Every free while male person, aljove the a<>(' of twciity-onc 
years, who shall l)e a citizen of the United States and resident in this 
State at the time of the adoption of this constitution, shall l)e deemed 
a qualified elector, at the first election to be held in this State, any- 
thing in the constitution to the contrar}'^ notwithstanding. 

Sec. 7. The president of this convention shall issue writs of elec- 
tion, directed to the sheriffs of the several counties, requiring them to 
cause an election to be held for a governor, lieutenant-governor, Ivepre- 
sentative to the Congress of the United States, members of the general 
assembly, and sheriil's of the respective counties, at the respective 
])laces of elections in said counties, except in the county of "Warren, 
in which county the election sliall be held at the court-house instead 
of the ])lace provided by law, on the first Monday and the day follow- 
ing in September next, which election shall be conducted in the man- 
ner prescribed by the existing election laws of the Mississippi Terri- 
tory, and the said governor, lieutenant-goveriujr. and members of the 
genei'al assembly, then duly elected, shall continue to discharge the 
duties of their respective offices for the time prescribed by this con- 
stitution, and until their successors be duly qualified. 

Sec. 8. Until the first enumeration shall be made, as directed by this 
constitution, the county of Warren shall be entitled to one repre- 
sentative, the county of Claiborne to two representatives, the county 
of Jetl'erson to two representatives, the county of Adams to four rep- 
i-esentatives, the county of Franklin to one representative, the county 
of AVilkinson to three representatives, the county of Amite to three 
rei)resentatives, the county of Pike to two representatives, the county 
of Lawrence to one rejiresentative. the county of ]Marion to one rep- 
i-esentative, the county of Hancock to on*^ representatiA'e, the county 
of (Jreene to one rejjresentative, the cousity of Wayne to one repre- 
sentative, the county of Jackson to one re})resentative. The counties 
of AVarren and Claiborne shall be entitled to one senator, the county 
of Adams to one senator, the comity of Jefferson to one senator, the 
county of "Wilkinson to one senator, the county of Amite to one sen- 
ator, the counties of Franklin and Pike to one senator, the counties 
of Lawrence, Clarion, and Hancock to one senator, the counties of 
(irreene, Wayne, and Jackson to one senatoi". 

Sec. !). The governoi* may ap])oint and commission an additional 
judge, oi- one of the former judges of the superior court, whose com- 
mission shall expire so soon as appointments can be made under the 
constitution. It shall be the duty of the judge so appointed, or one 
of the former territorial judges, to hold superior courts in the coun- 
ties of Jaclcscm, Greene. Wayne, and Hancock at the time heretofoic 
])rescribe(l by law: Pvoridcd, That if eitlier of (he former territorial 
judges, in addition to his duty in tlie western counties, perform such 
duty, and no additional judge be aj^pointed, he shall receive an extra 
com])ensation, jjroportioned to tin* amount of his salary and (ei'ui of 
service rendered. If an additional judge be appointed, he shall receixc 
the same compensation for his services as the otlier judges of the 
superior court. 

Sec. 10. The sheritl' of A^^•n•ren Countv shall, within ten davs after 



2048 Mississ ippi—181 7 

the election, make return of the number of votes for senator in his 
county to the sherilf of Claiborne County, who shall be the return- 
ing officer for the district. The sheriff of Pike County shall, within 
ten days after the election, make return of the number of votes for 
senator in his county to the sheriff of Franklin County, who shall be 
the returning officer for the district. The sheriffs of Hancock and 
LaAvrence Counties shall, within ten days after the election, make 
return of the number of A'otes for senator in their respective counties 
to the sheriff of Marion County. Avho shall be the returning officer for 
the district. The sheriffs of Jackson and Wayne Counties shall, 
within ten days after the election, make return of the number of votes 
for senator in their respective counties to the sheriff of Greene 
County, who shall be the returning officer for the district. 

Ordinance 

"Whereas it is required by the act of Congress under which this 
convention is assembled that certain i)rovisions should be made by 
an ordinance of this convention : 

Therefore this convention, for and in behalf of the people inhabit- 
ing this State, do ordain, agree, and declare that they forever disclaim 
all right or title to the waste or unappropriated lands lying within the 
State of Mississippi, and that the same shall be and remain at the 
sole and entire disposition of the United States, and, moreover, that 
each and every tract of land sold by Congress shall be and remam 
exempt from any tax laid b}^ the order or under the authority of 
this State, whether for State, county, township, parish, or other 
purposes whatever, for the term of five years, from and after the 
■respective days of sale thereof, and that the lands belonging to the 
citizens of the United States, residing without this State, shall never 
be taxed higher than the lands belonging to persons residing Avithin 
the same; that no taxes shall be imposed on lands the property of 
the United States, and that the river Mississippi, and the navigable 
rivers and waters leading into the same, or into the gulf of ]Mexico, 
shall be common highways and forever free, as well to the inhabitants 
of this State as to other citizens of the United States, without any 
duty, tax, impost, or toll therefor, imposed by this State; and this 
ordinance is hereby declared irrevocable, Avithout the consent of the 
Ignited States. 

Done in convention, at the toAvn of Washington, the fifteenth day 
of August, in the year of our Lord 1817, and in the forty-second 
year of the Independence of the United States of America. 

David Holmes, President. 

Louis AViNSTuN, ISect'etai'i/. 



Mississippi— 18S2 2049 

CONSTITUTION OF MISSISSIPPI— 1832 " 
Article I 

DPXLARATIOX OF RIGHTS 

That the general, great, and essential principles of liberty and free 
government may be recognized and established, we declare — 

Section 1. That all freemen, when they form a social compact, are 
equal in riglits ; and that no men, or set of men, are entitled to exclu- 
sive, separate public emoluments or privileges from the connnunity, 
but in consideration of public services. 

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

Sec. 3. The exercise and enjoyment of religious profession and 
worship, without discrimination, shall forever be free to all persons 
in this State: Provided^ That the right hereby declared and estab- 
lished shall not be so construed as to excuse acts of licentiousness, or 
justify practices inconsistent with the peace and safety of the State. 

Sec. 4. No preference shall ever be given by law to any religious 
sect or mode of worship. 

Sec. T). That no person shall be molested for his opinions on any 
subject whatever, nor suffer any civil or political inca])acity, or ac- 
quire any <^ivil or political advantage, in consequence of such opin- 
ions, except in cases provided for in this constitution. 

Sec. G. Every citizen may freely speak, Avrite, and publish his 
sentiments on all subjects; being responsible for the abuse of that 
liberty. 

Sec. T. No law shall ever be passed to curtail or restrain the lil)erty 
of speech, or of the press. 

Sec. 8. In all prosecutions or indictments for libel, the truth may 
be given in evidence; and if it shall appear to the jury that th(> mat- 
ter charged as libellous is true, and was ]:)ublished with good motives 
anil for justifial)le ends, the ])arty shall be acquitted; and the jury 
shall have the right to determine the law and the facts. 

Sp:c. 9. That the people shall be secure in their persons, houses, 
papers, and possessions from unreasonable seizures and searches; 
and that no warrant to search any place, or to seize any person oi- 
thing, shall issue without describing the place to be searched, and 
the i)erson or thing to be seized, as nearly as may be. nor without 
probable cause, sup])orted by oath or aflirmation. 

Sec. 10. That in all criminal prosecutions the accused hath a right 
to be heard, by himself or counsel, or both; to demand the nature 
and cause of the accusation ; to be confronted by the witnesses against 
him; to have a com])ulsorv process for obtaining witnesses in his 
favor; and in all prosecutions by indictment or information, a speedy 

" Tliis f'onstitutioii was frainod by a conveMitioii which met at .Tacksoii Septem- 
l)or 10, 1,S:',2. Mild coiiiplcted its l.-iliors Octdiier "JC. 18:!l2. It was ratified by the 
l)(><)i)h> at the next general election. 



2050 Mississippi— 1832 

and public trial by an impartial jury of the county where the offence 
was committed; that he cannot be compelled^ to give evidence against 
liimself, nor can he be deprived of his life, liberty, or property, but 
by due course of law. 

Sec. 11. No person shall be accused, arrested, or detained, except 
in cases ascertained by law, and according to the form which the same 
has prescribed; and no person shall be punished but in virtue of a 
law established and promulgated prior to the offence, and legally 
applied. . 

Sec. 12. That no person shall, for anj^ indictable offence, be pro- 
ceeded against criminally bj^ information; except in cases arising in 
the land or naval forces, or in the militia when in actual service* or 
b}^ leave of the court, for misdemeanor in office. 

Sec. 13. No person shall, for the same offence, be twice put in jeop- 
ardy of life or limb; nor shall any person's property be taken or 
applied to public use without the consent of the legislature, and 
without just compensation being first made therefor. 

Sec. 14. That all courts shall be open, and every person, for an 
injury done him in his lands, goods, person, or reputation, shall have 
remedy by due course of law, and right and justice administered 
without sale, denial, or delay. 

Sec. 15. That no power of suspending laws shall be exercised, ex- 
cept by the legislature, or its authority. 

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

Sec it. That all j^risoners shall, before conviction, be bailable by 
sufficient securities, except for capital offences where the proof is evi- 
dent or the presumption great ; and the privilege of the writ of 
habeas corpus shall not be suspended, unless when, in a case of rebel- 
lion or invasion, the public safety may require it. 

Sec. is. That the person of a debtor, when there is not strong pre- 
sumption of fraud, shall not be detained in prison, after delivering 
up his estate for the benefit of his creditors, in such manner as shall 
be prescribed by law. 

Sec 19. No conviction for any offence shall work corruption of 
blood or forfeiture of estate. The legislature shall pass no bill of 
attainder, ex -post facto law, nor laAv for impairing the obligation of 
contracts. 

Sec 20. No property qualification for eligibility to office, or for the 
right of suffrage, shall ever be required by law in this State. 

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

Sec 22. That the citizens have a right, in a peaceable manner, to 
assemble together for their common good, and to apply to those 
vested with the poAvers of government for redress of grievances, or 
other proper purposes, by petition, address, or remonstrance. 

Sec 23. Every citizen has a right to bear arms in defence of him- 
self and of the State. 

Sec 24. No standing army shall be kept up without the consent of 
the legislature; and the military shall in all cases, and at all times, 
be in strict subordination to the civil power. 



Mississippi— 1832 2051 

Sec. 25. That no soldier shall, in time of peace, be quartered in any 
house, without the consent of the owner, or in time of war, but in 
manner to be prescribed bv law. 

Sec. 26. That no hereditary emoluments, privileges, or honors shall 
ever be granted or conferred in this State. 

Sec. 27. Emigration from this State shall not be prohibited, nor 
shall any free white citizen of this State ever be exiled under any 
l)retence whatever. 

Sec. 28. The right of trial by jury shall remain inviolate. 

Sec. 29. No person shall be debarred from prosecuting or defend- 
ing any civil cause for or against him or her self before any tril)unid 
in this State, by him or her self, or counsel, or both. 

Sec. 30. No person shall ever be appointed or elected to any office 
in this State for life or during good behavior; but the tenure of all 
offices shall be for some limited period of time, if the person appointed 
or elected thereto shall so long behave well. 

CONCLUSION 

The guard against transgressions of the high powers herein dele- 
gated, we declare that everything in this article is excepted out of the 
general powers of government, and shall forever remain inviolate; 
and that all laws contrary thereto, or to the following provisions, 
shall be void. 

Akticle II 

DISTRIBUTION OF POWERS 

Section 1. The powers of the government of the State of Missis- 
sippi shall be divided into three distinct departments, and each of 
them confided to a separate body of magistracy, to wit: those which 
are legislative to one, those which are judicial to another, and those 
which are executive to another. 

Sec. 2. No person or collection of persons, being of one of these 
departments, shall exercise any power properly Ix'longing to either 
of the others, except in the instances hereinafter expressly directed or 
permitted. 

Article III 

liEGISLATIVE DEPARTMENT 

Section 1. Every free white male person of the age of twenty-one 
years or upwards, who shall be a citizen of the United States, and shall 
have resided in this State one year next preceding an election, and the 
last four months within the county, city, or town in which he oilers 
to vote, shall be deemed a (|ualified elector. And auy such (jualified 
elector who nuiy hapi)en to be in any county, city, or town other than 
that of his residence at the time of an election, or who shall have 
removed to any county, city, or town within four months preceding 
the election, from any county, city, or town in which he would have 
been a qualified elector had he not so removed, may vote for any State 
or district officer, or Member of Congress, for whom he could have 



2052 Mississippi— 1832 

voted in the county of his residence, or the county, city, or town from 
which he may have so removed. 

Sec. 2. Electors shall, in all cases, except in those of treason, felony, 
or breach of the peace, be privileged from arrest during their attend- 
ance on elections, and going to and returning from the same. 

Sec. 3. The first election shall be by ballot, and all future elections 
by the people shall be regulated by law. 

Sec. 4. The legislative power of this State shall be vested in two 
distinct branches ; the one to be styled " the senate," the other " the 
house of representatives ; '" and both together " the legislature of the 
State of Mississippi." And the style of their laws shall be, " Be it 
enacted hy the legislat}ire of the State of Mississippi.'''' 

Sec. 5. The members of the house of representatives shall be chosen 
by the qualified electors, and shall serve for the term of two years 
from the day of the commencement of the general election, and no 
longer. 

Sec. 6. The representatives shall be chosen every two years, on the 
first Monday and day following in November. 

Sec. 7. No person shall be a representative unless he be a citizen of 
the United States, and shall have been an inhabitant of this State 
two years next preceding his election, and the last year thereof a resi- 
dent of the county, city, or town for which he shall be chosen, and 
shall have attained the age of twenty-one years. 

Sec. 8. Elections for representatives for the several counties shall 
be held at the places of holding their resjjective courts, or in the 
several election-districts into which the county may be divided : Fro- 
vided, That when it shall appear to the legislature that any city or 
town hath a number of free white inhabitants equal to the ratio then 
fixed, such city or town shall have a separate representation, accord- 
ing to the number of free white inhabitants therein, which shall be 
retained so long as such city or toAvn shall contain a number of free 
white inhabitants equal to the existing ratio; and thereafter and dur- 
ing the existence of the right of se])arate representation in such city 
or town, elections for the county in which such city or town entitled 
to a separate representation is situated shall not be held in such city or 
town: And provided, That if the residuum or fraction of any city or 
town entitled to separate representation shall, when added to the 
residuum in the county in Avhich it may lie, be equal to the ratio fixed 
by law for one representative, then the aforesaid county, city, or town 
having the largest residuum shall be entitled to such representation: 
And provided also, That when there are two or more counties adjoin- 
ing, which have residuums over and above the ratio then fixed by law, 
if said residuums, when added together, will amount to such ratio, in 
that case one representative shall be added to that county having the 
largest residuum. 

Sec. 9. The legislature shall at their first session, and at periods of 
not less than every four, nor more than every six years, until the year 
1845, and thereafter at periods of not less than every four, nor more 
than every eight years, cause an enumeration to l)e made of all the 
free white inhabitants of this State, and the whole number of repre- 
sentatives shall, at the several periods of making such enumeration, 
be fixed by the legislature, and apportioned among the several coun- 
ties, cities, or towns entitled to separate representation, according to 
the number of free white inhabitants in each, and shall not be less 



Mississippi.— 1832 2053 

than thirty-six nor more than one hundred: Promded., liovever, That 
each county shall always be entitled to at least one representative. 

Sec. 10. The whole number of senators shall, at tlu^ several periods 
of makino^ the enumeration before mentioned, l)e fixed by the legis- 
lature, and apportioned among the several districts to be established 
by law, according to the number of free white inhabitants in each, 
and shall never be less than one-fourth nor more than one-third of 
the whole number of representatives. 

Sec. 11. The senators shall be chosen, by the qualified electors, for 
four years, and on their being convened in consequence of the first 
election, they shall be divided by lot from their respective districts 
into two classes, as nearly equal as can be; and the seats of the sena- 
tors of the first class shall be vacated at the expiration of the second 
year. 

Sec. 12. Such mode of classifying new additional senators shall be 
observed as will as nearly as possible preserve an equality of numbers 
in each class. 

Sec. 13. "\Alien a senatorial district shall be composed of two or 
more counties, it shall not be entirely sejjarated by an}- county belong- 
ing to another district ; and no county shall be divided in forming a 
district. 

Sec. 14. No person shall be a senator unless he be a citizen of the 
United States, and shall have been an inhabitant of this State four 
years next preceding his election, and the last year thereof a resident 
of the district for which he shall be chosen, and have attained the age 
of thirty years. 

Sec. 15. The house of representatives, when assembled, shall choose 
a speaker and its other officers, and the senate shall choose a president 
and its officers, and each house shall judge of the qualifications and 
elections of its own members ; but a contested election shall be deter- 
mined in such manner as shall be directed by law. A majority of 
each house shall constitute a quorum to do business, but a smaller 
number may adjourn from day to day, and may compel the attend- 
ance of absent members, in such manner and under such penalties as 
each house may provide. 

Sec. 1(). Each house may determine the rules of its own proceed- 
ings, punish members for disorderly behavior, and, with the i-onsent 
of two-thirds, expel a member, but not a second time for the same 
cause; and shall have all other powers necessary for a branch of the 
legislature of a free and independent State. 

Sec. 17. Each house shall keep a journal of its proceedings, and 
publish the same; and the yeas and nays of the members of either 
house, on any question, shall, at the desire of any three meml)ers pres- 
ent, be entered on the journal. 

Sec. 18. AMien vacancies happen in either house, the governor, or 
the person exercising the powers of the governor, shall issue writs of 
election to fill such vacancies. 

Sec. 10. Senators and representatives shall in all cases, except of 
treason, felony, or breach of the peace, be privileged from arrest dur- 
ing the session of the legislature, and in going to and returning 
from the same, allowing one day for every twenty miles such member 
may reside from the place at which the legislature is convened. 

Sec. 20. Each house nuiy punish by imi)risonment, during the ses- 
sion, any person, not a member, for disrespectful or disorderh' beha- 



2054 Mississippi— 1 882 

vior in its presence, or for obstructing any of its proceedings: Pro- 
vided, Sucli imprisonment shall not, at any one time, exceed forty- 
eight hours. 

Sec. 21, The doors of each house shall be open, except on such 
occasions of great emergency as, in the opinion of the house, may 
require secrecy. 

Sec. 22. Neither house shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that 
in which they may be sitting. 

Sec. 23. Bills may originate in either house, and be amended, 
altered, or rejected by the other, but no bill shall have the force of a 
law until on three several days it be read in each house, and free dis- 
cussion be allowed thereon, unless four-fifths of the house in Avhich 
the bill shall be pending may deem it expedient to dispense with this 
rule ; and every bill having passed both houses shall be signed by the 
speaker and president of their respective houses. 

Sec. 24. All bills for raising revenue shall originate in the house of 
representatives, but the senate mav amend or reject them as other 
bills. 

Sec. 25. Each member of the legislature shall receive from the pub- 
lic treasury a compensation for his services, which may be increased 
or diminished by law; but no increase of compensation shall take 
effect during the session at which such increase shall have been made. 

Sec. 26. No senator or representative shall, during the term for 
which he shall have been elected, nor for one year thereafter, be 
appointed to any civil office of profit under this State, which shall 
have been created, or the emoluments of which shall have been 
increased, during such term, except such offices as may be filled by 
elections by the people ; and no member of either house of the legisla- 
ture shall, after the commencement of the first session of the legisla- 
ture after his election, and during the remainder of the term for 
which he is elected, be eligible to any office or place, the appointment 
to which may be made in whole or in part by either branch of the 
legislature. 

Sec. 27. No judge of any court of law or equity, secretary of state, 
attorney-general, clerk of any court of record, sheriff, or collector, or 
any person holding a lucrative office under the United States or this 
State, shall be eligible to the legislature: Prorided, That offices in the 
militia, to which there is attached no annual salary, and the office of 
justice of the peace, shall not be deemed lucrative. 

Sec. 28. No person who hath heretofore been, or hereafter may be, 
a collector or holder of public moneys, shall have a seat in either 
house of the legislature, until such person shall have accounted for, 
and paid into the treasury, all sums for which he may be accountable. 

Sec. 21). The first election for senators and representatives shall be 
general throughout the State, and shall be held on the first Monday 
and day following in November, 1833; and thereafter there shall be 
biennial elections for senators to fill the places of those Avhose term 
of service may have expired. 

Sec. 30. The first and all future sessions of the legislature shall be 
held in the town of Jackson, in the county of Hinds, until the 3'ear 
1850. During the first session thereafter, the legislature shall have 
power to designate by law the permanent seat of government : Pro- 
vided, hoivever, That unless such designation be then made by law, 



Mississippi — 18S2 2055 

the seat of government shall continue permanently at the town of 
Jackson. The first session shall commence on the third Monday in 
November, in the year 1838; and in every two years thereafter, at 
such time as nuiy be prescribed by law. 

Sec. 31. The goA-ernor, secretary of state, treasurer, auditor of pub- 
lic accounts, and attorney-general, shall reside at the seat of 
government. 

Article TV 

JUDICIAL DEPARTMENT 

Section 1. The judicial power of this State shall be vested in one 
high court of errors and appeals, and such other courts of law and 
equity as are hereafter provided for in this constitution. 

Sec. 2. The high court of errors and appeals shall consist of three 
judges, any two of Avhom shall form a quorum. The legislature shall 
divide the State into three districts, and the qualified electors of each 
district shall elect one of said judges for the term of six years. 

Sec. 3, The oftice of one of said judges shall be vacated in two 
years, and of one in four years, and of one in six j-ears, so that at the 
expiration of every two years one of said judges shall be elected as 
aforesaid. 

Sec. 4. The high court of errors and appeals shall have no juris- 
diction l)ut such as properly belongs to a court of errors and appeals. 

Sec. n. All vacancies that may occur in said court, from death, res- 
ignation, or removal, shall be filled by election as aforesaid : Frorkled^ 
hoirercr. That if the unexpired tenn do not exceed one year, the 
vacancy shall be filled by executive appointment. 

Sec. (). Xo person shall be eligible to the office of judge of the high 
court of errors and appeals who shall not have attained, at tlie time 
of his election, the age of thirty years. 

Sec. 7. The high court of errors and appeals shall be held twice in 
each year, at such place as the legislature shall direct, until the year 
eighteen hundred and thirty-six, and afterwards at the scat of gov- 
ernment of the State. 

Sec. 8. The secretary of state, on receiving all the official returns 
of the first election, shall proceed, forthwith, in the ])resence and with 
the assistance of two justices of the peace, to determine by lot among 
the three candidates having the highest number of votes, which of said 
judges elect shall serve for the term of two years, which shall serve 
for the term of four years, and which shall serve for the term of six 
years, and having so determined the same, it shall be the duty of the 
governor to issue commissions accoribngly. 

Sec. D. Xo judge shall sit on the trial of any cause when the parties, 
or either of them, shall be connected with him by affinity or con- 
sanguinity, or when he may be interested in the same, except by con- 
sent of the judge and of the parties; and whenever a quorum of said 
court are situated as aforesaid, the governor of the State shall in such 
case specially commission tAvo or more men of law knowledge for the 
determination thereof. 

Sec. 10. The judges of said court shall receive for their sei'vices a 
compensation to be fixed by hiAv, which shall not be diminished during 
their continuance in office. 



2056 Mississippi— ISS^ 

Sec. 11. The judges of the circuit court shall be elected by the 
qualified electors of each judicial district, and hold their offices for the 
term of four years, and reside in their respective districts. 

Sec. 12. No person shall be eligible to the office of judge of the cir- 
cuit court who shall not at the time of his election have attained the 
age of twenty-six years. 

Sec. 13. The State shall be divided into convenient districts, and 
each district shall contain not less than three nor more than twelve 
counties. 

Sec. 14. The circuit court shall have original jurisdiction in all 
matters, civil and criminal, within this State; but in civil cases only 
when the principal of the sum in controversy exceeds fifty dollars. 

Sec. 15. A circuit court shall be held in each county of this State, 
at least twice in each year; and the judges of said courts shall inter- 
change circuits with each other, in such manner as may be prescribed 
by law, and shall receive for their services a compensation to be fixed 
by law, which shall not be diminished during their continuance in 
oflfice. 

Sec. 16. A separate superior court of chancery shall be established, 
with full jurisdiction in all matter of equity: Provided, however^ 
The legislature may give to the circuit courts of each county equity 
jurisdiction in all cases where the value of the thing, or amount in 
controversy, does not exceed five hundred dollars; also, in all cases 
of divorce, and for the foreclosure of mortgages. The chancellor 
shall be elected by the qualified electors of the whole State, for the 
term of six years, and shall be at least thirty years old at the time of 
his election." 

Sec. 17. The style of all process shall be " The State of Mississippi," 
and all prosecutions shall be carried on in the name and by the author- 
ity of the State of Mississippi, and shall conclude " against the peace 
and dignity of the same." 

Sec. 18. A court of probates shall be established in each county of 
this State, with jurisdiction in all matters testamentary and of admin- 
istration in orphans' business and the allotment of dower, in cases 
of idiotcy and lunacy, and of persons non combos mentis. The judge 
of said court shall be elected, by the qualified electors of the respective 
counties, for the term of two years. 

Sec. 19. The clerk of the high court of errors and appeals shall be 
appointed by said court for the term of four years, and the clerks of 
the circuit, probate, and other inferior courts shall be elected by the 
qualified electors of the respective counties, and shall hold their offices 
for the term of two years. 

Sec. 20, The qualified electors of each county shall elect five persons 
for the term of two years, who shall constitute a board of police for 
each county, a majority of whom may transact business; which body 
shall have full jurisdiction over roads, highways, ferries, and bridges, 
and all other matters of county police, and shall order all county 
election to fill vacancies that may occur in the offices of their respective 
counties; the clerk of the court of probate shall be the clerk of the 
board of county i:)olice.'' 

Sec. 21. No person shall be eligible as a member of said board who 
shall not have resided one year in the county ; but this qualification 

aAmeuded ; see page 2065. fiAuiended ; see page 2004. 



Mississippi— 183^ 2057 

shall not extend to such new count ies i\% uiay hereafter be established 
until one year after tlieii' ()i'<ianization : and all vacancies that may 
occur in said board shall be su}^})lied l)V election as aforesaid to fill 
the unexpired term. 

Sec. 22. The judges of all the courts of the State, and also the mem- 
bers of the board of county police, shall, in virtue of their offices, 
be conservators of the peace, and shall be Ijy law vested with ample 
])owei's in this respect. 

Sec. 23. A competent num))er of justices of the peace and constables 
shall be chosen in each county, by the qualified electors thereof, by 
districts, who shall hold their offices for the term of two years. The 
jurisdiction of justices of peace shall be limited to causes in which the 
principal of the amount in controversy shall not exceed fifty dollars. 
In all causes tried by a justice of the peace, the right of appeal shall 
be secured under such rules and regulations as shall be- prescribed by 
law. 

Sec. 24. The legislature may, from time to time, establish such 
other inferior courts as may be deemed necessary, and abolish the 
same whenever they shall deem it expedient. 

Sec. 25. There shall be an attorney-general elected by the qualified 
electors of the State; and a competent number of district attorneys 
shall be elected by the qualified voters of their respective districts, 
whose compensation and term of service shall be prescribed by law. 

Sec. 2(). Tlie legislature shall provide by law for determining con- 
tested elections of judges of the high court of errors and appeals, of 
the circuit and })robate courts, and other officers. 

Sec. 27. The judges of the several courts of this State, for wilful 
neglect of duty or other reasonable cause, shall be removed by the 
governor on the address of two-thirds of both houses of the legisla- 
ture; the address to be by joint vote of both houses. The cause or 
causes for which such removal shall be required shall be stated at 
length in such address, and on the journals of each house. The judge 
so intended to be removed shall be notihed and admitted to a hearing 
in his own defence before any vote for such address shall pass; the 
vote on such address shall be taken by yeas and nays, and entered on 
the journals of each house. 

Sec. 2(S. Judges of probate, clerks, sheritl's, and other county officers, 
for wilful neglect of duty or misdemeanor in office, shall be liable to 
])resentment or indictment by a grand jury, and trial by a ])etit juiy, 
and upon conviction shall be removed from office. 

Akticee V 

KXECITTIVK DKI'AIJTM ENT 

Section 1. The 'chief executive power of this State shall be \'e>ted 
in a governor, who shall hold his office for two years from the time 
of his installation. 

Sec. 2. The governor shall be elected by the qualified electors of 
the State. The i-eturns of every election for goveruor shall be sealed 
nj) and transmitted to the seat of govermnent, diivcted to the secre- 
tary of state, who shall deliver them to the speaker of the house of 
representatives at the next ensuing session of the legislature, during 
the first Aveek of which session the said speaker shall open and publish 



2058 Mississippi — 1832 

them in the presence of both houses of the le^isLatnre. The person 
having the highest number of votes shall be governor; but if two or 
more shall be equal and highest in votes, then one of them shall be 
chosen governor by the joint ballot of both houses of the legislature. 
Contested elections for governor shall be determined by both liouses 
of the legislature, in such manner as shall be prescribed by law. 

Sec. 3. The governor shall be at least thirty years of age, shall 
have been a citizen of the United States for twenty years, shall have 
resided in this State at least five years next preceding the day of his 
election, and shall not be capable of holding the office more than four 
years in any term of six years. 

Sec. 4. He shall, at stated times, receive for his services a compen- 
sation which shall not be increased or diminished during the term for 
which he shall be elected. 

Sec. 5. He shall be commander-in-chief of the army and navy of 
this State, and of the militia, except when they shall be called into the 
service of the United States. 

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

Sec. 7. He may, in cases of emergency, convene the legislature at 
the seat of government, or at a different place if that shall have be- 
come, since their last adjournment, dangerous from an enemy or from 
disease; and in case of disagreement between the two houses, with 
respect to the time of adjournment, adjourn them to such time as he 
shall think proper, not beyond the day of the next stated meeting of 
the legislature. 

Sec. 8. He shall, from time to time, give to the legislature informa- 
tion of the state of the government, and recommend to their consid- 
eration such measures as he may deem necessary and expedient. 

Sec. 9. He shall take care that the laws be faithfully executed. 

Sec. 10. In all criminal and penal cases, except in those of treason 
and impeachment, he shall have power to grant reprieves and pardons 
and remit fines, and in cases of forfeiture, to stav the collection until 
the end of the next session of the legislature, and to remit forfeitures, 
by and with the advice and consent of the senate. In cases of treason, 
he shall have power to grant reprieves, by and with the advice and 
consent of the senate, but may respite the sentence until the end of 
the next session of the legislature. 

Sec. 11. All commissions shall be in the name and by the authority 
of the State of Mississippi, be sealed with the great seal, and signed 
by the governor, and be attested by the secretary of state. 

Sec. 12. There shall be a seal of this State, which shall be kept by 
the governor, and used by him officially, and shall be called the great 
seal of the State of Mississippi. 

Sec. 13. All vacancies not provided for in this constitution shall be 
filled in such manner as the legislature may prescribe. 

Sec. 14. The secretary of state shall be elected by the qualified elec- 
tors of the State, and shall continue in office during the term of two 
years. He shall keep a fair register of all the official acts and i)ro- 
ceedings of the governor, and shall, when required, lay the same, and 
all papers, minutes, and vouchers relative thereto, before the legisla- 
ture, and shall perform such other duties as may be required of him 
bv law. 



Mississippi — 1832 2059 

Sec. 15. Every bill which shall have passed both houses of the legis- 
lature shall be presented to the governor; if he approve he shall sign 
it, but if not he shall return it, with his objection, to the house in 
which it shall have originated, which shall enter the objections at 
large upon their journals and i)roceed to reconsider it. If, after such 
reconsideration, two-thirds of the house shall agree to pass the bill, it 
shall be sent, with the objections, to the other house, by which it shall 
likewise be reconsidered; if a[)proved by two-thirds of that honse, it 
shall become a law. But in such case the vote of both houses shall be 
determined by yeas and nays, and the names of the members voting 
for and against the bill shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the governor Avithin 
six days (Sundays excepted) after it shall have been presented to 
him, the same shall become a law in like manner as. if he had signed 
it, unless the legislature, by their adjournment, prevent its return, in 
which case it shall not become a law. 

Sec. 16. Every order, resolution, or vote to which the concurrence 
of both houses may be necessary, except resolutions for the i)uri)()se of 
obtaining the joint action of both houses, and on (|uestions of adjourn- 
ment, shall be presented to the governor, and Ind'oi-e it shall take elfect 
be approved by him, or, being disapproved, shall be repassed by both 
houses, according to the rules and limitations prescribed in the case 
of a bill. 

Sec. 17. Whenever the office of governor shall become vacant by 
death, resignation, removal from office, or otherwise, the president of 
the senate shall exercise the office of governor until another governor 
shall l)e duly qualified; and in case of the death, resignation, removal 
from office, or other disqualification of the president of the senate so 
exercising the office of governor, the speaker of the house of re])resent- 
atives shall exercise the office until the ))resi(lent of the senate shall 
have been chosen; and when the office of governor, president of the 
senate, and speaker of the house shall become vacant, in the recess of 
the senate, the ])erson acting as secretary of state for the time being 
shall, by proclamation, convene the senate, that a ]:)resident may be 
chosen to exercise the office of governor. 

Sec. is. ^Mien either the president or speaker of the house of repre- 
sentatives shall so exercise said office, he shall receive the compensa- 
tion of the governor only, and his duties as ])resident or speaker shall 
be suspended, and the senate or house of rei)resentatives, as the case 
may be, shall fill the vacancy initil his duties as governor shall cease. 

Sec. 11). A sheritt', and one or more coroners, a treasurer, surveyor, 
and ranger, shall be elected in each county by the qualified electors 
thereof, Avho shall hold their offices for two years, unless sooner re- 
moved, excei)t that the coroner shall hold his office until his successor 
be duly qualified. 

Sec. 20. A State treasurer and auditor of jMiblic accounts shall be 
elected by the qualified electors of the State, who shall liold ihcir 
offices for the term of two years, unless sooner removed. 

M ii.niA 

Section 1. The legislature shall provide l)y law for organizing and 
disciplining the militia of this State in such maimer as they shall 
deem expedient, not inconq)atil)le with the Constitution and laws of 
the United States in relation thereto. 



2060 Mississippi— 18S2 

Sec. 2. Commissioned officers of the militia (stait'-officers and the 
officers of vohinteer companies excepted) shall l)e elected by the per- 
sons liable to ])erf()rni military duty and the (pialified electors within 
their respective commands, and shall Ije connnissioned by the gov- 
ernor. 

Sec. 3. The governor shall have power to call forth the militia to 
execute the laws of the State, to suppress insurrection, and to repel 
invasion. 

Article VI 

IMPEACHMENTS 

Section 1. The honse of representatives shall have the sole power 
of impeaching. 

Sec 2. All impeachments shall be tried by the senate. When sit- 
ting for that purpose, the senators shall be on oath or affirmation. No 
person shall be convicted without the concurrence of two-thirds of 
the members present. 

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

Article VII 
general provisions 

Section 1. Members of the legislature, and all officers, executive 
and judicial, before they enter upon the duties of their respective 
offices, shall take the following oath or affirmation, to wit :. " I do 
solemnly swear (or affirm, as the case may be) that I will support 
the Constitution of the United States, and the constitution of the 
State of Mississippi, so long as I continue a citizen thereof, and that 
I will faithfully discharge, to the best of my abilities, the duties of 
the office of ^ — , according to law : So help me God.'' 

Sec. 2. The legislature shall pass such laws to prevent the evil 
practice of duelling as they may deem necessary, and may require all 
officers, before they enter \\y)0\\ the duties of their respective offices, 
to take the following oath or affirmation: '' I do solemnly swear (or 
affirm, as the case may be) that I have not been engaged in a duel, 
by sending or accepting a challenge to fight a duel, or bv fighting a 
duel, since the first day of January, in the year of our Lord one 
thousand eight hundred and thirty-three, nor will I be so engaged 
during my continuance in office : So help me God." 

Sec. 3. Treason against the State shall consist only in levying war 
against it, or in adhering to its enemies, giving them aid and comfort. 
No person shall be convicted of treason, unless on the testimony of 
two witnesses to the same overt act. or his own confession in open 
court. 

Sec. 4. Every person shall be disqualified from holding an office 
or place of honor or profit under the authority of this State who shall 



Mississippi— 1832 2061 

be convicted of having given or offered any bribe to secure his elec- 
tion. Laws shall be made to exclude from office or suffrage those who 
shall thereafter be convicted of bribery, perjur3\ forgery, or other 
high crimes or misdemeanors. The privilege of free suffrage shall 
be supported by laws regulating elections, and prohibiting, under 
adequate penalties, all undue influences therein, from power, bribery, 
tumult, or other improj)er conduct. 

Sec. 5. -No pei-son who denies the being of a (rod, or a future state 
of rewards and punishments, shall liold any office in the civil depart- 
ment of this State. 

Sec. C). Xo law of a general nature, unless otherwise provided for, 
shall be enforced until sixty days after the passage thereof. 

Sec. 7. No money shall be drawn from the treasury but in conse- 
quence of an appropriation made by law, nor shall any appropriation 
of money for the support of an army be made for a longer term than 
one year. 

Sec. 8. No money from the treasury shall be appropriated to ob- 
jects of internal improvement, unless the bill for that purpose be 
passed by two-thirds of both branches of the legislature; and a 
regulai' statement and account of the receipts and expenditures of 
public moneys shall be published annually. 

Sec. 9. No law shall ever be passed to raise a loan of money upon 
the credit of the State, or to pledge the faith of the State, for the 
redemi)tion of any loan or debt, unless such law be proposed in th<? 
senate or house of representatives, and l)e agreed to by a majorit}^ of 
the meuibers of each house, and entered on the journals with the yeas 
and nays taken thereon, and be referred to the next succeeding legis- 
lature, aud published for three months previous to the next regular 
election, in tliree newspapers of this State; and indess a majority of 
each branch of the legislature, so elected, after such publication, shall 
agi'ee to and pass such a law ; and in such case the yeas and nays 
shall be taken and entered on the journals of each house: Prorided, 
That nothing in this section shall be so construed as to prevent the 
legishiture from negotiating a further loan of one and a half millions 
of dollars, and vesting the same in stock reserved to the State by the 
charter of the Planters' Bank of the State of Mississii)pi. 

Sec. 10. The legislature shall direct, by law, in what manner and in 
what courts suits nuiy be brought against the State. 

Sec. 11. Absence on business of this State, or of the United States, 
or on a visit, or necessary private business, shall not cause a forfeiture 
of citizenship or residence once obtained. 

Sec. IjJ. It shall be the duty of the legislature to regulate, by law, 
the cases in which deductions shall be made from salaries of public 
officers for neglect of duty in their official cai)acity. and the amount of 
such deduction. 

Sec. 1H. No member of Congress, nor any person holding any olli(.-e 
of profit or trust imder the United States, (the office of postmaster 
excepted,) or any other State of the Union, or under any foreign 
power, shall hold or exercise any office of trust or profit under this 
State. 

Sec. 14. Religion, morality, and knowledge being necessary to good 
govenunent. the preservation of libci'ty. and tlie ha))piness of man- 
kind, schools, and the means of education, shall forever be encouraged 
in this State. 



2062 Mississip2)i—1832 

Sec. 15. Divorces from the bonds of matrimony shall not be granted 
but in cases provided for by law, by suit in chancery. 

Sec. 16. Returns of all elections by the people shall be made to the 
secretary of state in such manner as may be prescribed by law. 

Sec. 17. No new county shall be established by the legislature W'hich 
shall reduce the county or counties, or either of them, from which it 
may be taken, to less contents than five hundred and sixty-six square 
miles; nor shall any new county be laid oil' of less contents. . 

Sec. 18. The legislature shall have power to admit to all the rights 
and privileges of free white citizens of this State all such persons of 
the Choctaw and Chickasaw tribes of Indians as shall choose to 
remain in this State, upon such terms as the legislature may from time 
to time deem proper. 

slaves 

Section 1. The legislature shall have no power to pass laws for the 
emancii^ation of slaves without the consent of the owners, unless 
where the slave shall have rendered to the State some distinguished 
service; in which case the owner shall be paid a full equivalent for 
the slave so emancipated. They shall have no power to prevent emi- 
grants to this State from bringing with them such persons as are 
deemed slaves by the laws of any one of the United States, so long as 
any person of the same age or description shall be continued in slav- 
ery by the laws of this State: Provided, That such person or slave be 
the bona-fde j)roperty of such immigrants: And provided also, That 
laws may be passed to prohibit the introduction into this State of 
slaves who may have committed high crimes in other States. They 
shall have power to pass laws to permit the owners of slaves to eman- 
cipate them, saving the rights of creditors, and preventing them from 
becoming a public charge. They shall have full power to oblige the 
owners of slaves to treat them with humanity; to provide for them 
necessary clothing and provisions; to abstain from all injuries to 
them, extending to life or limb ; and, in case of their neglect or refusal 
to comply with the directions of such laws, to have such slave or 
slaves sold for the benefit of the owner or owners. 

Sec. 2. The introduction of slaves into this State as merchandise, or 
for sale, shall be prohibited from and after the first day of May, 
eighteen hundred and thirty-three: Provided, That the actual settler 
or settlers shall not be prohibited from purchasing slaves in any State 
in this Union, and bringing them into this State for their own indi- 
vidual use, until the year eighteen hundred and forty-five. 

Sec. 3. In the prosecution of slaves for. crimes of which the punish- 
ment is not capital, no inquest by a gi*and jury shall be necessary; but 
the proceedings in such cases shall be regulated by hnv. 

mode of revising the constitution 

AAlienever two-thirds of each branch of the legislature shall deem 
any change, alteration, or amendment necessary to this constitution, 
such proposed change, alteration, or amendment shall be read and 
passed by a majority of two-thirds of each house, respectively, on 
each day, for three several days. Public notice thereof shall then be 
given by the secretary of state, at least six months preceding the next 
general election, at which the qualified electors shall vote directly for 



Mississippi— 1832 2063 

or against .such change, alteration, or amendment ; and if it shall 
appear tliat a majority of the qualified electors voting for members of 
the legislature shall have voted for tlie proposed change, alteration, 
or amendment, then it shall be inserted by the next succeeding legis- 
lature as a D'Avi of this constitution, and not otherwise. 

SCHEDFLK 

Section 1. All rights vested, and all liabilities incurred, shall 
remain the same as if this constitution had not been adopted. 

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

Sec. 3. The governor and all officers, civil and military, now hold- 
ing commissions mider the authority of this State, shall continue to 
hold and exercise their respective officers until they shall be super- 
seded, pursuant to the jjrovisions of this constitution, and until their 
successors be duly qualified. 

Sec. 4. All laws now in force in the State, not repugnant to this 
constitution, shall continue to operate until they shall expire by their 
own limitation, or be altered or repealed l)v the legislatuiv. 

Sec. 5. Innnediately upon the adojition of this constitution, the 
president of this convention shall issue writs of election directed to 
the sheriffs of the several counties, requiring them to cause an elec- 
tion to be held on the first Monday and day following in December 
next, for members of the legislature, at the respective places of hold- 
ing elections in said counties, which elections shall be conducted in 
the manner ])rescribed by the existing election-laws of the State; and 
the members of the legislature thus elected shall continue in office 
until the next general election, and shall convene at the heat of gov- 
ernment on the first Monday in January, eighteen hundred and 
thirty-three; and shall, at their first session, order an election to be 
held in every county of this State, on the first Monday in May and 
day following, eighteen hundred and thirty-three, for all State and 
coimty officers under this constitution, (members of the legislature 
excepted.) and the other officers then elected shall continue in office 
until the succeeding general election and after, in the same manner 
as if the election had taken ])lace at the time last aforesaid. 

Sec. C). Until the fii'st enumeration shall be made, as directed by 
this constitution, the apportionment of senators and representatives 
among the several districts and counties in this State shall remain as 
at present fixed bv law. 

P. KiTii.n s \{. Pi;av. rn's;<I<„1. 

John II. Mam.okv, AVy/y'^^//'//. 



AMENDMENTS TO THE CONSTITUTION OF 1832* 

(AiiHMKlniciit I ) 

Sec. 2. The legislature shall have, and are hereby vested with 
power to i)ass such laws regulating or prohibiting the introduction of 
slaves into this State, as may be deemed proper and expedient. 

[Inserted by resolution apitroved February 2. 1840.] See note, p. 20(>4. 



2064 Mississippi— 1832 

( AinciKluH'iit II) 

Art. IV. Sec. 20. The qualified electors of each coimty shall elect 
five persons, by districts, for the term of two years, who shall consti- 
tute a board of police for each county, a majority of w^hom may trans- 
act business; which body shall have full jurisdiction over roads, high- 
ways, ferries and bridges ; and all other matters of county policy, and 
shall order all county elections to fill vacancies that may occur in the 
offices of their respective counties. Tlie clerk of the court of probate 
shall be the clerk of the board of county police. 

[Inserted by act approved March 12. 18rj2.] a 

(Amendment III) 

The following section to be numbered seven, added to the schedule, 
and made part of the constitution, to take the place of all conflicting 
provisions now contained in the constitution, to wit : 

Sec. 7. All general elections by the people of this State shall be 
held on the first Monday of October; and be concluded in one day. 
On the first Monday of October, eighteen hundred and fifty-seven, 
and biennially thereafter, an election shall be held for Representa- 
tives in Congress and all State officers and members of the legislature, 
except for officers and senators entitled to hold over after November, 
eighteen hundred and fifty-seven, who shall continue in office until 
their successors are entitlecl to succeed them therein. The legislature 
shall convene on the first Monday of November, eighteen hundred and 
fifty-seven; and biennially thereafter, but may be specially convoked 
by "the governor at other times. The governor's official term shall 
commence on the third Monday of November, and that of secretary 
of state, auditor of public accounts, state treasurer, and attorney 
general, on the first Monday of January next after his and their 
election; but the attorne}^ general shall hold his office as heretofore, 
for the term of four years. On the first Monday of October, eighteen 
hundred and fifty-eight, and bienniall_y thereafter, an election shall 
be held for all county, district, judicial and ministerial officers, (ex- 
cept officers who ma}^ then be entitled to hold over after January, 
eighteen hundred and fifty-nine, or until the time of holding another 
election.) and the official terms of all such officers then and thereafter 
elected, shall commence on the first Monday of January next after 
this election; but all such officers elected in eighteen hundred and 
fift3''-five, or previously, whose official terms, in the absence of this 
provision, would expire in November, eighteen hundred and fifty- 
seven, shall continue in office until the first Monday of January, eight- 
een hundred and fifty-nine. 

[Inserted by act api)roved February 2. 1856.] 

(Amendment lY) 

Additional article added as follows, to wit : 

Art. 9. All public officers in this State, legislative, executive and 
judicial, wdiose terms of office expire at the general election to be held 

ffl See Journal of the Convention of the State of Mississippi, and the act calling 
the same ; with the Constitution of the United Staes. and Washingon's Farewell 
Address. Puljlished l)y order of the Convention. Jaclison : Thomas Palmer, 
Convention Printer. 1851. pp. TO. 



Mississ ipj) 1—1832 2065 

in the year out' llioiisaiid eight hundred and fifty-seven, or at any 
sul).se(}uent general election, shall continue to hold their oflices until 
the first Monday of January next following the expiration of said 
terms, and until their successors shall be qualified: Provided, such 
of said ofiicers as are required to give hond for the discharge of their 
duties, shall give bond and security for said extended term, as may 
be provided by the legislature: and the terms of office of all officers 
(;hosen at the general election in the j^ear eighteen hundred and fifty- 
seven, or at any sul)seqiuMit general election, shall commence on the 
first Monda}^ of January next succeeding the election, and shall con- 
tinue for the time now fixed by the constitution, and until their 
successors shall be qualified. 

I I'l-opojsfd l).v act approved ^lan-li 2. 1N54. | 
L Inserted \)y act ai)proved February <>. ]S5(;.] 

(Aineiidment \) 

Art. IV. Sec. IC). Chancery courts, with full jurisdiction in all 
matters of equity, shall be held in each judicial district, by the circuit 
judge thereof, at such time and place as nuiy be directed by law. 
The superior court of chancery and the several vice-chancery courts, 
shall continue as now organized, until the first Monday of November, 
one thousand eight hiuidred and fifty-seven, for the disposition of 
causes now dei)ending therein. The legislature shall provide b}' law 
for the preservation of the records of the said suj^erior court of 
chancery, aiu4 of said vice-chancery courts, and also for the transfer 
of all causes that may remain undetermined therein, to other courts 
for final decision. 

I Iiiscrtcil by act a]>i>i-MV(Ml I'"clir\iary <;. 1sr»(;.l 

( AllU'lldllHMlt \'l I 

That the following Avords be and they are hereby inserted in the 
constitution of this State and form a part thereof, to Avit : " That the 
amendment to the constitution voted for by a nuijority of the <|ualilied 
electors in this State at the last general election, known as the temu'c 
of office amendment, and which was added to the constitution by an 
act of the legislature of this State, approved the sixth day of Febru- 
ary, eighteen hundred and fifty-six, be abrogated, so far as it fixes the 
terms of office of members of the legislature, and in lieu thereof the 
following section be adoi)ted and inserted in the constitution: * Sec. — . 
The tei-m of office of memlu'i's of the legislature shall be for the |)erio(l 
now fixed l)y the constitution, and shall counnence from and aftei- 
their election, and expire at the next general election thereafter at 
which their successors are elected.' " 

Approved, November 19, 1857. 

( AiiiciMlinciil \II ) 

Section 1. The institution of slavery having been destroyed in the 
State of Mississipi)i, neither slavery nor involuntary servitude other- 
Avise than in the piniishment (d" crimes, whereof the j)arty shall have 
been duly c<mvicted. shall hereafter exist in this State: and the legis- 
lature at its next session, and hereafter as the public welfare may 
72.53— VOL :*.— 07 16 



20()() Mississippi— 1832 

require, shall provide by law for the protection and security of the 
person and i)roperty of the freednien of the State, and guard them 
and the State against any evils that may arise from their svulden 
emancipation. 

[Inserted by ordinance, adoptod and approved, August 21, 1805.] 

(Amendment Vlll) 

First. That the constitution shall be amended by abolishing and 
striking out sections one, two and three of article seven, under the 
title " slaves,'- and amendment number one, approved February 
second, eighteen himdred and forty-six, relative to slaves. 

Second. That a provision in the following language shall be in- 
serted in the constitution as article eight, to wit : " The institution 
of slavery having been destroyed in the State of Mississippi, neither 
slaverv nor involuntary servitude, otherwise than in the punishment 
of crimes, whereof the party shall have been duly convicted, shall 
hereafter exist in this State; and the legislature at its next session, 
and thereafter as the public Avelfare ma}" require, shall provide by 
law for the protection and security of the person and property of the 
freedmen of this State, and guard them and the vState against any 
evils that may arise from their sudden emancipation." 

Third. That the twelfth section of the declaration of rights be 
amended by the insertion of the folloAving proviso, to wit: Provided. 
That the legislature, in cases of petit larceny, assault, assault and 
battery, affray, riot, unlawful assembly, drunkenness, vagrancy, and 
other misdemeanors of like character, may dispense with an inquest 
of a grand jury, and may authorize prosecutions before justices of the 
peace, or such other inferior court or courts as may be established by 
the legislature, and the proceedings in such cases shall be regulated by 
law." 

Adopted, August 21, 1865. 

(Amendment IX) 
An Ordinance to amend seventh section of the fourth article of the constitution. 

Amend the seventh section of the fourth article of the constitution 
of the State, so as to read as follows : " The high court of errors and 
appeals shall be held at least once in each year, at the seat of govern- 
ment, and at such other place or places in the State as the legislature 
may direct." 

Adopted, August 23, 1865. 

(Amendment X) 

An Ordinance to amend eighteenth section of the fourth article of the 

Constitution. 

Section 1. Be it ordained and declared, and it is herehy^ ordained 
and declared., That the eighteenth section of the fourth article of the 
Constitution of the State of Mississippi, be so amended as to read as 
follows, to wit: "A court of probates shall be established in each 
county in this State, with jurisdiction in all matters testamentary, 
and of administration in minors' business, and allotment of doAver, 



Mississii)in—1832 2067 

in cases of idiocy and lunacy, and of persons non compos mentis. 
The judge of said Court shall be elected by the qualified electors of 
the respective counties for the term of two years." 
Adopted, August 23, 1865. 

( AniciKlinciit XI i 
All Ordinance eoncerninjx the compensation of members of tlie legislature. 

Section 1. Be it ordained hy the people of the State of Mississippi 
in Conoention assembled^ That the twenty-fifth section of article 
three, of the State constitution, so far as it prohibits an increase of 
the comjiensation of members of the legislature from taking effect 
during the session at which it is made, be and the same is hereby sus- 
pended until after the close of the next session of that body. 

Adopted, August 23, 18G5. 

( AnicndnicMl XII) 

An Ordinance in relation to the ordinance of secession and other ordinances 
and resolutions, ado])ted by a former convention held in tlie cit.v of .Tacksou 
on the seventh .January, eighteen hundred and sixty-one. and on the twentj'- 
hfth day of March, eighteen hundred and sixty-one. 

Section. 1. Be it ordained hy tlie people of tlie State of Mississippi 
in Con rent ion assembled. That an ordinance passed by a former con- 
vention of the State of Mississippi, on the ninth day of January, 
eighteen hundred and sixty-one, entitled "An ordinance to dissolve 
the union between the State of Missi.ssippi and other States united 
with her under the compact entitled, " The Constitution of the 
United States of America,' " is hereby declared to be null and void. 

(Amendment XIII I ■•' 

Article I. Sec. 12. So altered and amended as to read : " That no 
]jerson shall, for any indictable offence, be proceeded against crim- 
inally by infornuttion : except in cases arising in the land or nayal 
forces, or in the militia wlieu in actual service, or by leav(> of the 
court, for misdemeanor in office: Ptorided. That the legislature in 
case of ])etit larceny, assault, assatdt and battery, affray, riot, unlaw- 
fid assembly, drunkenness, vagrancy, and other misdemeanors, of like 
character, may dispense with an inquest of a grand jui'v, and may 
authorize j)rosecutions before justices of the peace, or such other infe- 
rior court or courts as may be established by the legislating; and the 
proceedings in such cases shall be regulated l)y law." 

Airr. ^'III. So altered and amended as to read: ** Tlie institution of 
slavery having been destroyed in the State of Mississippi, neither 
slavery nor involuntary servitude, otherwise than in the punishment 
of crimes, whereof the ])arty shall have been duly convicted, shall 
hereafter exist in this v^tate: and the legislature at its next session, 
and thereafter as the public welfare may require, shall provide by 
law for the protection and security of the person and property of the 

* Journal of the Proceedings and Debates in the Constitutional Convention of 
the State of Mississijipi. August. ISC"). By ordei' of the Cimvention. .Tacksoii. 
Miss.: E. M. Yerger. State Trintei'. isi;.".. iip. LMtC. appendix. 



2068 Mississippi— 1832 

freedmen of the State, and guard them and the State against any 
evils that may arise from their sudden emancipation." 
[Ratified Auj^nist 21, ISOn.l 

(Ameiidmeiit XIV) 

All Ordinance in relation to special courts of ecinity. 

Section 1. Be it ordained. That the special courts of equity here- 
tofore, and that may be hereafter established in this State by the pro- 
visional governor thereof, be and the same are hereby recognised to 
be in existence, but that in all cases the right and benefit of excep- 
tions, bills of exceptions, writs of error, supersedeas and appeals from 
said court or conrts, to the high court of errors and appeals, for the 
revision and judgment of the latter court, shall be and are hereby 
secured to any party litigant in said court or courts, who may desire 
the same, as is now provided for and regulated by the laws of the 
State in cases of exceptions, writs of error, supersedeas and appeals 
from the circuit and chancery courts of this State to the said court 
of errors and appeals ; and the said court of errors and appeals shall 
take cognizance and jurisdiction of such cases, as in the case of 
appeal and writ of error from the circuit and chancery courts of this 
State: Provided^ That such special courts and the proceedings had 
therein, after the courts known to the constitution and laws of this 
State are established, shall not be recognised beyond the then unfin- 
ished and instituted business of the same; and the records and papers 
of said special courts shall, upon their expiration, lie deposited in 
the office of the clerks of the several circuit courts of this State, in 
Avhose counties the said special court or courts are, or may be held, 
for the safe-keeping thereof, and may be authenticated thereafter 
as other records of said circuit and chancery courts. 

Adopted, August 23. 1865. 

(Aiuendinent XV) 
All Ordinance to confer certain powers upon the legislature. 

Section 1. Be it ordained. That the legislature of this State shall 
have full and complete, ample and plenary power and right to ascer- 
tain, adjust and settle, any and all pecuniary liability and indebted- 
ness of this State, or the citizens thereof, to the Government of the 
United States of America, under and by reason of the revenue laws 
of the latter, either past, present or future; and to provide by law 
or otherwise, in such way and manner, and on such terms as the 
Legislature may, in its opinion, deem or declare to be most wise, 
judicious, and expedient, for the ascertainment, adjustment, and 
present or ultimate settlement and payment of the same : hereby in- 
tending to confer, and actually conferring upon the legislature of 
this State, full and absolute power, and right to pledge and use the 
faith and credit of the State, and to do and perform Avhatever is or 
may be necessary, proper, or expedient in the premises aforesaid. 

Adopted, August 24, 1865. 



Mississippi— 1S68 2069 



CONSTITUTION OF MISSISSIPPI— 1868 - " 

i'KEAMlJLK 

To the end that justice be established. pnl)lir order maintained, 
and liberty perjjetuated, we. the jx'ople ol' the State of Mississippi, 
^ratefid to Alnii<j:hty God for the free exercise of the ri<2:ht to choose 
our own form of <rovernnient. do ordain this constitution. 

Aktk'lk 1 

RTI.L OF HKiHTS 

Section 1. All persons resident in this State, citizens of the Ignited 
States, are hereby declared citizens of the State of Mississippi. 

Sec. 2. No person shall be deprived of life, liberty, or property, 
except by due process of law. 

Sec. 3. The privileo:e of the writ of habeas corpus shall not be sus- 
[)ended, unless when, in case of rebellion or invasion, the jmblic safety 
may require it. 

Sec. 4. The freedom of speech and of the press shall be held sacred, 
and in all indictments for lil)el the jury shall determine the law and 
the facts, under the direction of the court. 

Sec. 5. Xo person's life or liberty shall \)v twice ])laced in jeoi)ardy 
for the same offence. 

Sec. G. The right of the people peaceably to assemble and jietition 
the government on any subject shall never be impaired. 

Sec. 7. In all criminal prosecutions the accused shall have a right 
to be heard by himself or counsel, or both, to demand the nature and 
cause of the accusation, to be confronted by the witnesses against bun, 
to have a compulsory process for obtaining witnesses in his favor, 
and in all prosecutions by indictment or information a speedy and 
public trial by an impartial jury of the county where the otfence was 
committed ; and he shall not be compelled to give evidence against 
himself. 

Sec. 8. Cruel or unusual ])unishment shall not be inflicted, nor shall 
excessive fines be im])osed : excessive bail shall not be required, and 
all perscms shall, before conviction, be bailable by sufficient sureties, 
except for capital offences when the ])roof is evident or i)resumption 
great. 

Sec. 9. No ex post facto hnv. or law impairing the obligation of 
contracts, shall ever be passed. 

* Vorifipd from " Tlio Constitution of tiio T'nited States with ainendnipnts : 
and the t-onstitntion of the State of Mississippi, adopted in eonvention l.">th day 
of May. A. D. ISCS. and ratitied by tlie i)eople 1st day of Deceniher. A. 1>. ISC.H. 
Printed by order of the Legishiture. .Iacl;son. Miss.: Fisher iV: Kiinitali. Stato 
Printers, 1870." pp. 2:'.-4!). 

o This constitution was framed Ity a convention called under the reconstruction 
acts of Congress, which met at Jackson January 7. ISC.S. and comploted its 
labors May ir>. ISC.S. It was submitted to the people June L'S. ISCS. and re.jectwl, 
receivins "r><>.2:n votes foi- ado] it ion airainst <;:'..st;(i votes, but when submitted u 
second time. November MO and December 1, 18(J8. it was adoptetl. 



2070 Mississippi — 1S68 

Se( . 10. Private properly sliall not he taken i"oi- piil)lic use except 
upon clue compensation first being niaile to the owner or owners 
thereof in a manner to be provided for by hiw. 

Sec. 11. There shall be no imprisonment for debt. 
J Sec. 12. The right of trial by jury shall remain inviolate. 

Sec. 13. No property qualification shall ever be required of any 
person to become a juror. 

Sec. 14. The people shall be secure in their persons, houses, and 
possessions, from unreasonable seizure or search, and no warrant shall 
be issued wnthout probable cause, supported by oath or affirmation, 
specially designating the place to be searched and the person or thing 
to be seized. 

Sec. 15. All persons shall have a right to keep and bear arms for 
their defence. 

Sec. 16. The rights of married women shall be protected by law in 
property owned previous to marriage; and also in all property 
acquired in good faith by purchase, gift, devise, or bequest, after 
marriage: Pro ruled, That nothing herein contained shall be so con- 
strued as to protect said property from being applied to the payment 
of their lawful debts. 

Sec. 17. No property qualification for eligibility to office shall ever 
be required. 

Sec. 18. No i)roperty nor educational qualification shall ever be 
required for any person to become an elector. 

Sec. 19. There shall be neither slavery nor involuntary servitude 
in this State, otherwise than in the punishment of crime, whereof 
the party shall have been duly convicted. 

Sec. 20. The right to withdraw^ from the Federal Union on account 
of any real or supi:)Osed grievances shall never be assumed by this 
State, nor shall any law be passed in derogation of the paramount 
allegiance of the citizens of this State to the government of the 
United States. 

Sec. 21. No public money or moneys shall be appropriated for 
any charitable or other public institutions in this State making any 
distinction among the citizens thereof. Provided, That nothing herein 
contained shall be so construed as to prevent the legislature from ap- 
projDriating the school-fund in accordance with the article in this con- 
stitution relating to public schools. 

Sec. 22. No distinction shall ever be made by law between citizens 
and alien friends in reference to the possession, enjoyment, or descent 
of property. 

Sec. 23. No religious test as a qualification for office shall ever be 
required, and no preference shall ever be given by law to any religious 
sect or mode of worship, but the free enjoyment of all religious 
sentiments and the different modes of worship shall ever be held 
sacred: Provided, The rights hereby secured shall not be construed 
to justify acts of licentiousness injurious to morals or dangerous to 
the peace and safety of the State. 

Sec. 24. The right of all citizens to travel upon all jMiblic con- 
veyances shall not be infringed u])on nor in anv mannei- abridged in 
this State. 

Sec. 25. The military sliall be in strict subordination to the civil 
power. 



}rississij)j)i—lS68 2071 

Sec, 20, Treason against the State shall consist only in lo\vin<i- war 
against the same, or in adhering to its enemies, giving them aid and 
comfort. Xo person shall be convicted of treason nnless on the tes- 
timon}' of two witnesses to the same overt act, or on confession in 
open court. 

Sec. 27. No person's life shall be perilled by the practice of duel- 
ling, and an}' person who shall hereafter fight a duel, or assist in 
the same as second, or send, accept, or knowingly carry a challenge 
therefor, or go out of the State to fight a duel, shall be disqualified 
from holding any office under this constitution, and shall forever be 
disfranchised in this State. 

Sec. 28. All courts shall be open, and every person, for an injury 
done him in his lands, goods, person, or reputation, shall have remedy 
by due course of law, and right and justice administered without 
sale, denial, or delay. 

Sec. 29. No person shall ever be elected or appointed to any office 
in this State for life or during good behavior, but the term of all 
offices shall be for some specified period. 

Sec. 30. No person shall be debarred from })rosecuting or defend- 
ing any civil cause for or against him or her self before any tribunal 
in this State, In' him or her self, or counsel, or both. 

Sec. 81. No person shall, for any indictable otfence, be proceeded 
against criminally by information, except in cases arising in the land 
or naval forces, or the militia when in actual service, or by leave of 
the court, for misdemeanor in office: Prodded^ That the legislature, 
in cases of petit larceny, assaults, assault and battery, aft'ray, riot, 
unlawful assembly, drunkenness, vagrancy, and other misdemeanors 
of like character, nuiy dispense with an inquest of a grand jury, and 
may authorize prosecutions before justices of the peace or such other 
inferior court or courts as may be established by the legislature, and 
the proceedings in such cases shall be regulated by law. 

Sec. 82. The enumeration of rights in this constitution shall not 
be construed to deny or impair others retained by and inherent in the 
people. 

Article II 

HOINDARIES or THE STATE 

The limits and bomidaries of the State of Mississip])i shall remain 
as now established by law. 

Article III 

niSTIUIU TION ol" I'OWKKS 

Section 1. The powers of government of the State of Mississippi 
shall be divided into three distinct departments, and each of them 
confided to a separate magistracy, to wit : Those which are legisla- 
tive to one; those which are judicial to another: and those which are 
executive to another. 

Sec. 2. No ))erson or collection ol" persons, being of one of these 
departments, shall exercise any power proi)erly belonging to either 
of the others, except in the instances hereinafter expressly directed or 
permitted. 



2072 " Mississipin—186S 

AiriKM, I \" 
LK<;isi,A rn i: i)Kr.\i;'iMKN r 

Sectiox 1. The legislative power of this State shall be vested in 
the legislature, which shall consist of a senate and house of repre- 
sentatives. 

Sec. 2. The house of representatives shall consist of members to 
be chosen every second year by the qualified electors of the several 
counties. 

Sec. 3. No person shall be a member of the house of representatives 
who shall not be an elector under this constitution; and who shall 
not, at the time of his election, have an actual residence in the dis- 
trict he may be chosen to represent. 

Sec. 4. The senate shall consist of members to be chosen ever}' four 
years by the qualified electors of the several districts. 

Sec. 5. No person shall be a senator who shall not have attained 
the age of twentj-fiA'e years, who shall not have been an inhabitant 
of the State one year, and who shall not have an actual residence in 
the district he may be chosen to represent. 

Sec. 6. The political year shall begin on the first Monday of 
Januar}', and the legislature shall meet annually on the first Tuesday 
after first Monday in Januar}^, at the seat of govenrment, unless 
sooner convened by the governor, until altered by law. 

Sec. T. All general elections shall be by ballot, and shall commence 
and be holden every two years, on the first Tuesday after the first 
Monday in November, until altered by law ; and the electors, in all 
cases except in cases of treason, felony, and breach of the peace, shall 
be privileged from arrest during their attendance of elections, and in 
going to and returning therefrom. 

Sec. 8. Election for members of the legislature shall be held in the 
several counties and districts as provided by law. 

Sec. 9. The governor shall issue writs of election to fill such va- 
cancies as may occur in either house of the legislature, and the per- 
sons thereupon chosen shall hold their seats for the unexpired term. 

Sec. 10. Each house shall appoint its own officers, and shall judge 
of the qualifications, return, and election of its own members. 

Sec. 11. The senate shall choose a president pro tempore, to act in 
the absence or disability of the lieutenant-governor. 

Sec. 12. A majorit}- of each house shall constitute a quorum to do 
business; but a less number may adjourn from daj^ to day, and com- 
pel the attendance of absent members in such manner and under such 
penalties as each shall provide. 

Sec. 13. Neither house shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that 
in Avhich the two houses shall be sitting. 

Sec. 14. Each house may determine rules of its oavu proceedings, 
punish its members for disorderh' behavior, and, with the concurrence 
of two-thirds of the members present, expel a member; but no mem- 
ber shall be expelled a second time for the same offence. They shall 
each, from time to time, publish a journal of their proceedings, except 
such parts as may, in their opinion, require secrecy; and the yeas and 
nays on any question shall be entered on the journal at the request 
of one-tenth of the members present: Proi'ided. That the yeas and 



}fifisiss)i)i,i— 1S6S 2( )7:^ 

luiys shall ahvays be iMitcrcd on the jounial on tlic passajjfc ol" :i hill 
a2)propriating money. 

Si':c. 1."). The doors of each house, when in session, or in coniniitlee 
of the Avhole, shall be kept open, except in cases -which ma}^ reqnire 
secrecy; and each house may punish by fine and imprisonment any 
person not a member Avho shall be guilty of disrespect to the house 
by any disorderly or contemptuous l)ehavior in their presence, or in 
any Avay disturb their deliberations during the session ; but such 
imprisonment shall not extend beyond tlie final adjournment of that 
session. 

Skc. 10. No j^erson liable for public moneys unaccounted for shall 
be eligible to a seat in either house of the legislature, or to any office 
of profit or trust, until he shall have accounted for and paid over all 
sums for Avhich he may have been liable. 

Sec. it. Xo person shall be eligible to any office of profit or trust, 
nor shall he be ])ermitted to exercise the right of suffrage within this 
State, -who shall have been convicted of bribery, perjury, or other 
infamous crime. 

Si:('. 18. Any person who shall have been convicted of giving or 
offering, directly or indirectly, any bribe to j)rocure his election oi' 
ap]:)ointment, and any person who shall give or offer any bril)e to 
procure the election or appointment of any person to office, shall, on 
conviction thereof, be disqualified from being an elector or holding 
any office of profit or trust under the laws of the State. 

Sec. 11). Senators and representatives shall in all cases, except trea- 
son, felony, or breach of the jwace, be privileged from arrest during 
the session of the legislature, and for fifteen days before the com- 
mencement and after the termination of each session. 

Sec. 20. The members of the legislature shall severally receive from 
the public treasury compensation for their services, which may be 
increased or diminished; but no alteration of such compensation of 
members shall take effect during the session at which it is made. 

Sec. 21. The legislature shall direct by law in Avhat courts and in 
what manner suits may be brought against the State. 

Sec. 22. The legislature shall not have power to pass any bill of 
divorce, but may prescribe l\y law the manner in which cases shall be 
investigated in the courts of justice, and divorces grantetl. 

Sec. 23. Bills may originate in eitlier house, and be amendetl or 
rejected in the other, and ever}- bill shall be read on three different 
days, in each house, unless two-thirds of the house where the same 
is pending shall dispense with the rules; and every bill, having 
])assed both houses, shall be signed by the president of the senate and 
the si)eaker of the house of re])resentatives, in open session. 

Sec. 24. Every bill which has passed both houses shall be presented 
to the governor of the State. If he a])proves, he shall sign it; but 
if he does not aj^prove, he shall return it, with his objections, to the 
house in which it originated, who shall enter the objections at large 
upon tlieir journal, and proceed to reconsider it. If, after such recon- 
sideration, two-thirds of that house shall agree to pass the bill, it 
shall be sent, with the objections, to the other house, by which, like- 
wise, it shall be reconsidered, and, if apj^roved by two-thirds of that 
house, it shall become a law; but in all such ca^^s the votes of both 
houses shall be determined by yeas and nays, and the names of the 
persons voting for or against the bill shall be entereil on tlic journal 



2074 Mississippi—lSeS 

(»f each house respect ively. 11" any Mil shall not be returned ])y llic 
governor within five days (Sunday excepted) after it has been ])re- 
sented to him, it shall be a law in like manner as if he had signed it, 
unless the legislature, by adjournment, prevented its return, in which 
case it shall be a law, unless sent back within three days after its 
next meeting. 

Sec. 25. Every order, resolution, or vote, to which the concurrence 
of both houses may be necessary, (except on questions of adjourn- 
ment,) shall be presented to the governor, and, before it shall take 
effect, be approved by him ; or being disapproved, shall be repassed 
by two-thirds of both houses, according to the rules of limitation pre- 
scribed in all cases of a bill. 

Sec. 26. Xo money shall be drawn from the treasur}' except on 
appropriations made by law. 

Sec, 27. The house of representatives shall have the sole power of 
impeachment, but two-thirds of all the members present must concur 
therein. All impeachments shall be tried by the senate, and when 
sitting for that purpose, the senators ^hall be upon oath or affirmation 
to do justice according to law and evidence. 

Sec. 28. The governor and all other civil officers under this State 
shall be liable to impeachment for treason, bribery, or any high crime 
or misdemeanor in office. 

Sec. 29. When the governor shall be tried, tlie chief justice of the 
supreme court shall preside, and no person shall be convicted without 
the concurrence of two-thirds of all the senators present. 

Sec. 30. Judgment in such cases shall not extend further than 
removal from office, and disqualification to hold any office of honor, 
trust, or profit under this State ; but the party convicted shall never- 
theless be subject to indictment, trial, judgment, and punishment 
according to law. 

Sec. 31. For reasonable cause, which shall not be sufficient ground 
of impeachment, the governor shall, on the joint address of two-thirds 
of each branch of the legislature, remove from office the judges of the 
supreme and inferior courts; provided the cause or causes of removal 
be spread on the journal, and the party charged be notified of the 
same before the vote is finally taken and decided, and shall have an 
opportunity to be heard by himself or counsel, or both. 

Sec. 32. The style of the laws of the State shall be. '" Be it enacted 
by the legislature of the State of Mississippi^ 

Sec. 33. The legislature shall provide for the enumeration of the 
whole number of inhabitants, and of the qualified electors of the 
State, once in every ten years; and the first enumeration shall be 
ordered at the first meeting of the legislature under this constitution. 

Sec. 34. The number of representatives shall, at the several periods 
of making such enumeration, be apportioned among the several 
counties or districts, according to the number of qualified electors in 
each, and shall not be less than one hundred nor more than one hun- 
dred and twenty. 

Sec. 35. The number of senators shall, upon each enumeration 
made, be apportioned according to the number of qualified electors 
in the several districts, and shall never be less than one-fourth nor 
more than one-third the whole number of representatives. 

Sec. 36. The senators, on being convened after the first election, 
shall be divided by lot from their respective congressional districts 



Mississi})p i — 1 868 2( ) 7 o 

into two olfisses, as nearly oqual as ran l)o. and tho soat- (»r the first 
class shall be vacated at the expiration of the second year. 

Sec. 'J7. The leo;islatnre shall provide for the or<i;anization of new 
counties, locating connty-seats, and changing county-lines; but no 
county shall be organized nor the lines of any county changed so as 
to include an area of less than four hundred nor more than six hun- 
dred and twenty-five square miles. 

Skc. 38. Xo senator or representative, during the term for which 
he was elected, shall l)e appointed to any oflice of profit under this 
State, which shall have been created or the emoluments of whicii have 
been increased during the time such senator or representative was in 
office, except to such offices as may be filled by an election of the 
people. 

Sec. 39. The legislature shall ))rovide by law for determining con- 
tested elections. 

ARTicr.K V 

EXECUTIVE 

Section 1. The chief executive power of this State shall l)e vested 
in a governor, who shall hold his office for four years. 

Sec. 2. The governor shall be elected by the qualified electors of 
the State. The returns of every election for governor shall be sealed 
u]) and ti'ansmitted to the seat of government, directed to the secre- 
tary of state, who shall deliver them to the speaker of the house of 
representatives at the next ensuing session of the legislature, during 
the first week of which session the said s])eaker shall open and pub- 
lish them in presence of both houses of the legislature. The person 
having the highest number of votes shall be governor; but if two or 
more sliall be equal and highest in votes, then one of them shall be 
chosen governor by the joint ballot of both houses of the legislatnic. 
Contested elections for governor shall be determined by both houses 
of the legislature in such manner as shall be prescribed by law. 

Sec. 3. The governor shall be at least thirty years of age, and 
shall have been a citizen of the United States twenty years, and shall 
have resided in this State two years next preceding the day (d' his 
election. 

Sec. 4. He shall receive for his services sucli compensation as shall 
be ]:)rovided by law. 

Sec. 5. He shall lie commander-in-chief of the army and na\y of 
the State, and of the militia, except wlien they shall be called into 
the sei'vice of the United States. 

Sec. C). He may require infoi'uiation, in writing, from the ollicers in 
the executive department, on any subject relating to the duties of their 
respective offices. 

Sec. 7. He may. in cases of emergency, convene the legislature at 
the seat of govermnent, or at a difl'erent place, if that shall have 
become dangerous from an enemy, or from disease; and in cas(» of 
disagi-eement between the two houses with resj)ect to time of adjourn- 
ment, adjourn them to such time as he shall think ])r()pei'. not beyond 
the day of the next stated meeting of the legislature. 

Sec. S. II(> shall, from time to time, give the legi^lature information 
of the state of the government, and recounuend to their consideration 
such measures as he may deem necessary and ex])edieiit. 



2076 Mississippi— 1868 

Sec. 1>. It shall be his (liity to see tliat the laws arc faithfully 
executed. 

Sec. 10, In all criminal and penal cases, except in those of treason 
and impeachment, he shall have power to grant reprieves and par- 
dons, and remit fines, and in cases of forfeiture to stay the collection 
until the end of the next session of the legislature, and to remit for- 
feitures by and with the consent of the senate. In cases of treason he 
shall have power to grant reprieves by and with the consent of the 
senate, but may respite the sentence until the end of the next session 
of the legislature. 

Sec. 11. There shall be a seal of the State kept by the governor, and 
used by him officially, and be called " the Great Seal of the State of 
Mississippi." 

Sec. 12. All commissions shall be in the name and by the authority 
of the State of Mississippi, be sealed with the great seal of State, and 
signed by the goA^ernor, and be attested by the secretary of state. 

Sec. 13. All vacancies not provided for in this constitution shall bo 
filled in such manner as the legislature may prescribe. 

Sec. 14. There shall be a lieutenant-governor, who shall be elected 
at the same time, in the same manner, and for the same term, and shall 
possess the same qualifications as the governor. 

Sec. 15. He shall, by virtue of his office, be president of the senate. 
In committee of the whole he may debate on all questions, and when 
there is an equal division in the senate, or on a joint vote of both 
houses, he shall give the casting vote. 

Sec. 16. He shall receive for his services such compensation as may 
be provided by law. 

Sec. it. ^Mien the office of governor shall become vacant, by death 
or otherwise, the lieutenant-governor shall possess the powers and 
discharge the duties of said office, and receive the same compensation 
as the governor during the remainder of the said term. When the 
governor shall be absent from the State, or unable from protracted 
illness to perform the duties of his office, the lieutenant-governor shall 
discharge the duties of said office, and receive said compensation until 
the governor be able to resume his duties; but if, from disability or 
otherwise, the lieutenant-governor shall be incapable of performing 
said duties, or if he be absent from the State, the president of the 
senate pj^o tempore shall act in his stead, but if there be no such presi- 
dent, or if he be disqualified by like disability, or be absent from the 
State, then the speaker of the house of representatives shall assume 
the office of governor and perform said duties, and receive the same 
compensation as the governor, and in case of the inability of the 
foregoing officers to discharge the duties of goA^ernor, the secretary 
of state shall couA^ene the senate to elect a president pro tempore. 

Sec. 18. In case tlie election for lieutenant-governor shall be con- 
tested, it shall be decided in the same manner as that of the goA-ernor. 

Sec. 19. The secretary of state shall be elected by the qualified 
electors of the State ; shall be at least twenty-fiA^e years of age. and a 
citizen of the State one year next preceding the day of his election, 
and shall continue in office during the term of four years; he shall 
keep a correct register of all the official acts and proceedings of the 
goA^ernor; and shall, when required, lay the same and all papers, 
minutes, and vouchers relatiA^e thereto before the legislature, and 
shall perform such other duties as ma}' be required of him l)y laAv. 



]\[ississij)j)i—1868 2077 

Sec. 20. A State treasurer and auditor of- public accounts shall be 
elected l)y the qualified electors of the State, who shall hold their offi- 
ces for the term of four years, unless sooner removed, and shall possess 
the same qualifications as the secretary of state; and, together with 
the last-named officer, shall receive such compensation as may be pro- 
vided by hiAv. 

Sec. 21. A sherili', coroner, treasurer, assessor, and surveyor shall 
be elected in each county by the qualified electors thereof, who shall 
hold their offices for two years, unless sooner removed. 

Sec. 22. All officers named in this article shall hold their offices 
during the term for which they Avere elected, unless removed by im- 
])eachment or otherAvise, and until their successors shall l)e duly quali- 
fied to enter on the discharge of their separate duties. 

Aeticle VI 

judiciary 

Section 1. The jucUcial power of the Stale shall be vested in a 
supreme court, and such other courts of law and equity as are herein- 
after i)rovided for in this constitution. 

Sec. 2. The supreme court shall consist of three judges, who shall 
be apj^ointed by the governor, by and with the advice and consent of 
the senate, any two of Avliom, when convened, shall form a (luoi'um. 
The legislature shall divide the State into three districts, and tiie 
governor, by and with the advice and consent of the senate, shall 
apj)oint one judge for each district. 

Sec. 3. The office of one of said judges shall be vacatetl in thre(^ 
years, one in six years, and one in nine years, so that at the expiration 
of every three years one of said judges shall be appointed as afore- 
said. The term of office of the judges of the supreme court shall l)e 
nine years. 

Sec. 4. The sui^reme court shall have no jurisdiction l)ut such as 
properly belongs to a supreme court. 

Sec. 5. All vacancies which may occur in said court, from death, 
resignation, or removal, shall be filled by appointment, as aforesaid: 
Pror)(h'(U hoicevei\ That if any vacancy shall occur during the recess 
of the legislature, the governor shall aj)point a successor, who shall 
hold his office until the next meeting of the legislature. 

Sec. 0. Xo person shall be eligible to the office of judge of the 
supreme court who shall not have attained the age of thirty years at 
the time of his appointment, and who shall not have been for two 
years innnediately preceding a citizen of the State. 

Sec. 7. The supreme court shall be held twice in each year at the 
seat of government, at such times as the legislature may ])rescribe. 

Sec. 8. Innnediately upon the first appointment of judges as afore- 
said, the governor, in the presence of, and with the assistance of, the 
president of the senate and secretary of state, shall deteiMuine, by lot, 
which of said judges shall serve for the term of three years and which 
shall serve for the term of six years and Avhich shall serve for the 
term of nine years, and it shall be the duty of the governor to issue 
commissions accordingly. 

Sec. 0. Xo judge of said court shall sit on the trial of any cause 
where the parties, or eithei- of them, shall lie connected with him by 



2078 Mississippi— i 868 

affinity or consanguinity, or where he may be interested in the same, 
except by the consent of the judges and of the parties, and whenever 
a quorum of said court are situated as aforesaid, the governor of the 
State shall, in such cases, especially commission two or more men of 
law knoAvledge for the determination thereof. 

Sec. 10. The judges of said court shall receive for their services a 
compensation to be fixed by law, which shall not be diminished (hu-ing 
their continuance in office. 

Sec. 11. The judges of the circuit court shall be appointed by the 
governor, with the advice and consent of the senate, and shall hold 
their office for the term of six years. . 

Sec. 12. No person shall be eligible to the office of judge of the cir- 
cuit court who shall not, at the time of his appointment, have attained 
the age of twenty-six 3'ears, and shall have been two years a citizen of 
the State. 

Sec. 13. The State shall be divided into convenient judicial dis- 
tricts. 

Sec. 14. Circuit courts shall have original jurisdiction in all mat- 
ters, civil and criminal, within this State; but in civil cases only 
when the principal amount in controversy exceeds one hundred and 
fifty dollars. 

Sec. 15. A circuit court shall be held at least twice in each year, and 
the judges of said courts may interchange circuits with each other, in 
such manner as may be prescribed by law, and shall receive for their 
services a compensation to be fixed by law, which shall not be dimin- 
ished during their continuance in office. 

Sec. 1G. Chancery courts shall be established in each county in the 
State, with full jurisdiction in all matters in equity, and of divorce 
and alimony; in matters testamentary, and of administration in 
minors' business, and allotment of dower, and in cases of idiocy, 
lunacy, and persons non compos mentis. 

Sec. 17. The legislature shall divide the State into a convenient 
number of chancery districts, to be composed of not more than four 
counties. Chancellors shall be appointed in the same manner as the 
judges of the circuit courts. Their qualifications shall be regulated 
by law, and they shall hold their office for the term of four years. 
They shall hold a court in each county at least four times in each 
year, and shall receive such compensation as mav be provided by law. 

Sec. 18. The style of all process shall be, "The State of Missis- 
siiDpi," and all jDrosecutions shall be carried on in the name and by 
the authority of the State of Mississippi, and shall conclude, " against 
the peace and dignity of the same.'' 

Sec. 19. The clerk of the supreme court shall be appointed by said 
court, for the term of four years and the clerk of the circuit court 
and the clerk of the chancery court shall be elected by the qualified 
voters of their several counties, and shall hold their office for the term 
of four years and the legislature shall provide by law what duties 
shall be performed by the clerks of the circuit and chancery courts, 
during vacation, subject to the approval of the court. 

Sec. 20. The qualified electors of each county shall elect five per- 
sons, by districts, for the term of two years, who shall constitute a 
board of suj^ervisors for each county, a majority of Avhom may trans- 
act business, which body shall have full jurisdiction over roads, fer- 
ries and bridges, and shall order all county elections, to fill vacancies 



Mississippi— 1868 2079 

that may arise in the offices of their respective counties, and perform 
such other duties as shall he provided hy hnv. The clerk of the chan- 
cer}' court of each county shall be the clerk of such hoard of super- 
visors. 

Skc. 21, No person shall be eli^"ible as a member of said board who 
shall not have resided one year in the county; but this qualilication 
shall not extend to new counties as may hereafter be established, 
until one year after their organization, and all vacancies that may 
occur in said board shall be sui)plied by election as aforesaid, to the 
unex])ired term. 

Sec. 22. Judoes of all the courts of this State, and all other civil 
officers, shall, by virtue of their office, be conservators of the iK>ace. 
aiul shall be, by law, vested with amj)le i)owers in that respect. 

Sec. 23, A competent number of justices of the peace and consta- 
bles shall be chosen in each county, by the qualified electors thereof, 
by districts, who shall hold their office for the term of two years. 
The jurisdiction of justices of the peace shall be limited to causes in 
which the i)rincipal of the amount in controversy shall not exceed the 
sum of I $150] one hundred and Hfty dollars. In all causes tried by a 
justice of the ])eace, the ri<jht of appeal shall l)e secured, under such 
rules and re<2;ulations as shall be prescribed by law. 

Sec. 24. The legislature shall, from time to time, establish sucli 
other inferior courts as may be necessary, and abolish the same when- 
ever they shall deem it expedient. 

Sec. 25. There shall be an attorney-general elected by the qualified 
electors of the State, and a competent number of district attorneys 
shall be elected by the (lualified electors of the res})ective districts, 
whose term of service shall be four years, and Avhose duties and com- 
pensation shall l)e j)rescril)ed by law. 

Sec. 2<). Clerks, sheriffs, and other county officers, for wilful neglect 
of duty or misdemeanor in office, shall be liable to i)resentment or 
indictment by grand jury, and trial by petit jury, and upon convic- 
tion shall be removed from office. 

Ahthle VII 

riiANClI ISK 

SECTn)N 1. All elections l)y the people shall I)e by l)allot. 

Sec. 2. All male inhabitants of this State, excej^t idiots and insane 
persons, and Indians not taxed, citizens of the United States or 
natuialized, tAventy-one years old and upwards, who have resided in 
this State six months and in the county one month next i)receding the 
day of election, at which said inhabitant oilers to vote, and who are 
duly registeivd according to the re(|uireinents of section three of this 
article, and who aiv not dis(|ualifie(l by reason of any crime, are 
declared to be (|uali(ied electors. 

Sec. ■]. 'Vhv legislatui'e shall provide, by law, for the registration of 
all i)ers()ns entitled to xote at any election, and all persons entitled to 
register shall take and subscribe to the following oath or affirmation: 

'' I, , do solenmly swear, [Or affirm,] in the presence of 

Almighty (lod. that I am twenty-one years old; that T have resided 

in this State six nu)nths, and in county one month; that 1 

will faithfully support and obey the Constitution and laws of the 



2080 Mississippi— 1868 

United States and of the State of Mississippi, and Avill bear true faith 
and allegiance to the same : So help me God." 

Sec. 4. Xo person shall be' eligible to any office of profit or trust, 
or to any office in the militia of this State, who is not a qualified 
elector. 

Sec. 5. | Expunged.]'' 

Sec. 6. In time of war, insurrection, or rebellion the right to vote 
at such place and in such manner as shall be prescribed by law shall be 
enjoyed by all persons otherwise entitled thereto, who may be in the 
actual military or naval service of the United States or this State, 
provided said votes be made to apply in the county or precinct 
wherein they reside. 

Article VIII 

SCHOOL-rUND, EDUCATION, AND SCIENCE 

Section 1. As the stability of a republican form of government 
depends mainly upon the intelligence and virtue of the people, it shall 
be the duty of the legislature to encourage, by all suitable means, the 
promotion of intellectual, scientific, moral, and agricultural improve- 
ment, by establishing a uniform system of free public schools, by 
taxation or otherwise, for all children between the ages of five and 
twenty-one years, and shall, as soon as practicable, establish schools 
of higher grade. 

Sec. 2. There shall be a superintendent of public education elected 
at the same time and in the same manner as the governor, who shall 
have the qualifications of the secretaiy of state, and hold his office for 
four years, and until his successor shall be elected and qualified, whose 
duties shall be the general supervision of the common schools and 
the educational interests of the State, and who shall j^erform such 
other duties pertaining to his office and receive such compensation as 
shall be prescribed by law ; he shall report to the legislature, for its 
adoption, within twenty days after the opening of its first session 
under this constitution, a uniform system of free public schools. 

oThe original constitution fiirttier said: "'That I am not disfrancliised in 
any of the provisions of tlie acts l^nown as the recoustrnction acts of the SlJtli 
and 40th Congress, and that I admit the political and civil equality of all men: 
So help me God:' Provided, That if Congress shall, at any time, remove the dis- 
abilities of any person disfranchised in the said reconstruction acts of the said 
oOth and 40th Congress, (and the legislature of this State shall concur therein,) 
then so much of this oath, and so much only, as refers to the said reconstruc- 
tion acts, shall not l)e required of such person, so pardoned, to entitle him to be 
registered." 

6 This was in the original constitution : " No person shall be eligible to any 
office of profit or trust, civil or military, in the State, who, as a member of the 
legislature, voted for the call of the convention that passed the ordinance of 
secession, or who, as a delegate to any convention, voted for or signed any 
ordinance of secession, or who gave voluntary aid, countenance, counsel, or 
encouragement to persons engaged in armed hostility to the United States, or 
who accepted or attempted to exercise the functions of any office, civil or mili- 
tary, under any authority or pretended government, authority, power, or con- 
stitution, within the United States, hostile or inimical thereto, except all persons 
who aided reconstruction by voting for this convention, or who have continu- 
ously advocated the assembling of this cnventlon. and shall continuously and in 
good faith advocate the acts of the same; but the legislature may remove such 
disability: Provided. That nothing in this section, except voting for or signing 
the ordinance of secession, shall be so construed as to exclude from office the 
private soldier of the late so-called Confederate States army." 



Mississipin—1868 2081 

Sec. 3. There shall bo a board of education, consisting of the secre- 
tar}' of state, the attorney-general, and the superintendent of public 
education, for the management and investment of the school-funds, 
under the general direction of the legislature, and to perform such 
other duties as may be prescribed by law. The suj^erintendent and 
one other of said board shall constitute a quorum. 

Sec. 4. There shall be a superintendent of j^ublic education in each 
county, who shall be appointed by the board of education, by and 
with the advice and consent of the senate, whose term of office sliall 
be two years, and Avhose compensation and duties shall l)e prescribed 
by law: Provided.^ That the legislature shall have power to make 
said office of county-school superintendent of the several counties 
elective, as other county officers are. 

Sec. 5. A public school or schools shall be maintained in each 
school-district at least four months in each year. Any school-district 
neglecting to maintain such school or schools shall be deprived for 
that year of its proportion of the income of the free-school fund, and 
all funds arising from taxes for the support of schools. 

Sec. 6. There shall be established a common-school fund, which 
shall consist of the proceeds of the lands now belonging to the State, 
heretofore granted by the United States, and of the lands known as 
" swamp-lands," except the swamp-lands lying and situated on Pearl 
River, in the counties of Hancock, Marion, Lawrence, Simpson, and 
Copiah, and of all lands now or hereafter vested in the State by 
escheat or ])urchase or forfeiture for taxes, and the clear proceeds of 
all fines collected in the several counties for any breach of the penal 
laAvs, and all moneys received for licenses granted under the general 
laws of the State for the sale of intoxicating liquor or keeping of 
dram-shops, all moneys paid as an equivalent for persons exempt 
from military duty, and the funds arising from the consolidation of 
the congressional-township fund and the lands belonging thereto, 
together with all moneys donated to the State for school purposes, 
which funds shall be securely invested in United States bonds and 
remain a perpetual fund, which may l)e increased but not diniinislied, 
the interest of which shall be inviolably appropriated for the sup])ort 
of free schools. 

Sec. 7. The legislature may levy a poll-tax not to exceed two dollars 
a head in aid of the school-fund, and for no other purpose. 

Sec. 8. The legislature shall, as soon as practicable, provide for the 
establishment of an agricultural college or colleges; and shall appro- 
priate the two hundred and ten thousand acres of land donated to 
the State for the su])port of such a college, by the act of Congress 
passed July 2, A. D. 1805, or the money or scrip, as tlie case may be, 
arising from the sale of said lands or any lands which may hereafter 
be granted or ap|)ropriated for such purpose. 

Sec. 0. Xo religious sect or sects shall ever control any pari of the 
school or university funds of this State. 

Sec. 10. The legislature shall from time to' time, as may be neces- 
sary, provide for the levy and collection of such other taxes as may 
be required to ]n-operly support the system of free schools herein 
adopted; and all school-funds shall be divided pro rata among the 
children of school ages. 
72.53— VOL :3— 07 17 



2082 Mississippi— 1868 

Article IX 

MILITIA 

Section 1. All able-bodied male citizens of the State, between the 
ages of eighteen and forty-five years, shall be liable to military duty 
in the militia of this State, in such manner as the legislature shall 
provide, not incompatible with this constitution and the Constitution 
and laws of the United States. 

Sec. 2. The legislature shall provide for the organizing, arming, 
equipping, and discipline of the militia, and for paying the same 
when called into active service. 

Sec. 3. It shall be the duty of the first legislature to make such 
laws as shall be necessary to immediately create an effective militia 
in this State. 

Sec. 4. All officers of militia, except non-commissioned officers, shall 
be appointed by the governor, by and with the consent of the senate, 
and shall be chosen for their military knowledge, their experience 
in arms, and their fidelity and loyalty; and no commissioned officer 
shall be removed from office except by the senate, on recommendation 
of the governor, stating the grounds on which such removal is recom- 
mended, or by the decision of a court-martial, jDursuant to law, or 
at his own request. 

Sec. 5. The governor shall be commander-in-chief of the militia, 
except when it is called into the service of the United States ; and shall 
have power to call forth the militia to execute the laws, repel invasion, 
and to suppress riots and insurrections. 

Sec. 6. The governor shall nominate, and, by and with the consent 
of the senate, commission one major-general for the State, who shall 
be a citizen thereof ; and also one brigadier-general for each congres- 
sional district, who shall be a resident of the district for which he 
shall be appointed; and each district shall constitute a militia 
division. 

Sec. 7. The adjutant-general, and other staff-officers to the com- 
mander-in-chief, shall be appointed by the governor, and their ap- 
pointment shall expire with the governor's term of office. 

Sec. 8. The militia shall be exempt from arrest during their attend- 
ance on musters, and in going to and returning from the same, except 
in case of treason, felony, or breach of the peace. 

Asticle X 

INTERNAL IMPROVEMENTS 

The legislature, at its first regular session after the adoption of this 
constitution, shall provide for the organization of a board of public 
works, prescribe its duties, fix the compensation of its members, and 
all officers employed upon public works in this State. 



Mississippi— 1868 2083 

Article XI 

APPORTIONMENT 

Section 1. Until the first enumeration and a new apportionment 
shall be made as provided and directed in this constitution, the appor- 
tionment of senators and representatives among the several counties 
and districts in this State shall be as follows : 

1st. The county of Warren, five representatives. 

2d. The counties of Hinds and Lowndes, each four representatives. 

3d. The counties of Adams, Carroll, De Soto, Holmes, Madison, 
Marshall, Monroe, Noxubee, Washington, and Yazoo, each three rep- 
resentatives. 

4th. The counties of Attala, Chickasaw, Choctaw, Claiborne, Co- 
piah, Jefi'erson, La Fayette, Lauderdale, Pontotoc, Oktibbeha, Panola, 
Tippah, Wilkinson, Yalobusha, Tishomingo, and Rankin, each two 
representatives. 

5th. The counties of Amite, Bolivar, Calhoun, Clarke, Franklin, 
Issaquena, Itawamba, Jasper, Kemper, Lawrence, Leake, Lee, Pike, 
Sunflower, Scott, Tallahatchee, Winston, Simpson, Coahoma, Tunica, 
Newton, Neshoba, Covington, Smith, Wayne, Davis, Greene, Jackson, 
Hancock, Marion, Harrison, and Perry, each one representative. 

Sec. 2. 1st. The counties of Hancock, Harrison, Jackson, Marion, 
Greene, and Perry, shall form the first district, and elect one senator. 

2d. The counties of Wilkinson and Amit'e, the second district, and 
one senator. 

3d. The counties of Pike, Lawrence, and Covington, the third dis- 
trict, and one senator. 

4th. The county of Adams, the fourth district, and one senator. 

5th. The counties of Franklin and Jefterson, the fifth district, and 
one senator. 

6th. The counties of Chiiborne and Copiah, the sixth district, and 
one senator. 

7th. Te counties of Warren and Issaquena, the seventh tlislricl, and 
two senators. 

8th. The counties of Hinds, Kankin, and Simpson, the eighth dis- 
trict, and tAvo senators. 

0th. The counties of Davis, Jones, Jasper, Clarke, and Wayne, the 
ninth district, and one senator. 

10th. The counties of Lauderdale and Kemjjer, the tenth district, 
and one senator. 

11th. The counties of Newton, Smith, and Scott, tlie eU-venth dis- 
trict, and one senator. 

12th. The comity of Madison, the twelfth district, and one senator. 

13th. The county of Yazoo, the thirteenth district, and one senator. 

14th. The counties of Washington and Sunflower, the fourteenth 
district, and one senator. 

15th. The county of Holmes, the fifteenth district, and one senator. 

KUh. The counties of Attala, Leake, and Neshoba, the sixteenth 
district, and one senator. 

17th. The county of Noxubee, the seventeenth district, and one 
senator. 

18th. The counties of Lowndes and Oktibbeha, the eighteenth dis- 
trict, and two senators. 



2084 Mississippi— 1868 

IDth. The counties of Choctaw and Winston, the nineteenth dis- 
trict, and one senator. 

•20th. The county of Carroll, the twentieth district, and one senator. 

21st. The counties of Calhoun and Yalobusha, the twenty-first dis- 
trict, and one senator. 

22d. The counties of Chickasaw and Monroe, the twenty-second dis- 
trict, and two senators. 

2fkl. The counties of Bolivar, Coahoma, and Tunica, the twenty- 
third district, and one senator. 

24th. The counties of Panola and Tallahatchee, the twenty-fourth 
district, and one senator. 

25th. The county of De Soto, the tAventy-fifth district, and one 
senator. 

2Gth. The county of Marshall, the twenty-sixth district, and one 
senator. 

2Tth. The counties of La Fayette and Pontotoc, the twenty-seventh 
district, and one senator. 

28th. The counties of Tishomingo and Itawamba, the twenty- 
eighth district, and one senator, 

29th. The counties of Tippah and Lee, the twenty-ninth district, 
and one senator. 

Article XII 

GENERAL PROVISIONS 

Section 1. The political year of the State of Mississippi shall com- 
mence on the first Monday of January in each year, and the general 
election shall be holden on the first Tuesday succeeding the first Mon- 
day in November, biennially. 

Sec. 2. The legislature shall pass laws to exclude from office and 
from suffrage those who shall hereafter be convicted of bribery, per- 
jury, forgery, or other high crimes or misdemeanors; and every per- 
son shall be disqualified from holding any office, or place of honor, 
profit, or trust under the authority of this State, who shall be con- 
victed of having given or offered any bribe to procure his election or 
appointment. 

Sec. 3. No person who denies the existence of a Supreme Being 
shall hold any office in this State. 

Sec. 4. The legislature shall provide by law for the indictment and 
trial of persons charged with the commission of any felony, in any 
county other than that in which the offence was committed, whenever 
owing to prejudice, or any other cause, an impartial grand or petit 
jury cannot be impanelled in the county in which the offence was 
committed. 

Sec. 5. The credit of the State shall not be pledged or loaned in aid 
of any person, association, or corporation; nor shall the State here- 
after become a stockholder in any corporation or association. 

Sec. 6. The term of office of all county, township, and precinct 
officers shall expire within thirty days after this constitution shall 
have been ratified, and the governor shall, by and with the advice and 
consent of the. senate, thereafter appoint such officers, whose term of 
office shall continue until the legislature shall provide by law for an 
election of said officers: Provided, The present incumbents of all 



Mississippi— 1868 2085 

count}', township, district, and beat officers shall hold their respective 
offices until their successors are legally appointed or elected and duly 
qualified. 

Sec. 7. In all cases not otherwise provided for in this constitution, 
the legislature may determine the mode of filling all vacancies in 
all offices, and shall define their respective powers, and provide suit- 
able comj^ensation for all officers. 

Sec. 8. The legislature, at its first session, shall provide by law for 
the sale of all delinquent tax lands. The courts shall apply the same 
liberal principles in favor of such titles as in sale by execution. 

Sec. 9. No laws of a general nature, unless otherwise provided for, 
shall be enforced until sixty days after the passage thereof. 

Sec. 10. It shall be the duty of the legislature to regulate, by law, 
the cases in which deductions shall be made from salaries of public 
officers for neglect of duty in their official capacity, and the amount 
of said deduction. 

Sec. 11. The legislature, at its first session under this constitution, 
shall have authorit}^ to designate, by law, such loyal pa]Der or papers, 
in each circuit-court district, as shall publish all legal advertising, 
and such official printing as shall be required by law in such circuit- 
court district, and fix the compensation therefor. 

Sec. 12. Xo corporate body shall hereafter be created, renewed, or 
extended, with the privilege of making, issuing, or putting in circula- 
tion, anv notes, bills, or other paper, or the paper of any other bank, 
to circulate as money; and the legislature shall prohibit, by law, 
individuals or corporations from issuing bills, checks, tickets, promis- 
sory notes, or other papers, as money. But nothing herein contained 
shall be constiMied as preventing corjiorations or associations from 
forming for such purposes under the acts of Congress for a national 
system of banking. 

Sec. 13. The property of all corporations for ]")ecuniary profits shall 
be subject to taxation, the same as that of individuals. 

Sec. 14. The legislature shall not authorize any county, city, or 
town to become a stockholder in, or to lend its credit to, any company, 
association, or corporation, unless two-thirds of the qualified voters 
of such county, city or town, at a special election, or regular election, 
to be held therein, shall assent thereto. 

Sec. 15. The legislature shall never authorize any lottery, nor sliall 
the sale of lottery tickets be allowed, nor shall any lottery heretofore 
authorized be permitted to be drawn, or tickets therein to be sold. 

Sec. K). Xo county shall be denied the right to raise, by special 
tax, money sufficient to pay for the building and repairing of court- 
houses, jails, bridges, and other necessary conveniences for the ]:)eopIc 
of the county; and money thus collected shall never be approj^riated 
for any other ]:)urpose : P/'orided, The tax thus levied shall be a certain 
per cent, on all tax levied by the State. 

Sec. 17. Liabilities of banks, associations, and other corporations 
shall be secured by legislative enactments; but in all cases no stock- 
holder shall be individually liable over and above the stock by him 
or her owned, unless so specified in the articles of association or act 
of incorporation. 

Sec. 18. All lands sold in pursuance of decree of courts or execu- 
tion shall be divided into tracts not to exceed one hundred and sixty 
acres. 



2086 Mississippi— 1868 

Sec. 19. Returns of all elections by the people shall be made to the 
secretary of state in such manner as may be prescribed by law. 

Sec. 20. Taxation shall be equal and uniform throughout the State. 
All property shall be taxed in proportion to its value, to be ascertained 
as directed by law. 

Sec. 21. The State of Mississippi shall never assume nor pay any 
debt or obligation contracted in aid of the rebellion, nor shall this 
State ever, in any manner, claim from the United States or make any 
allowance or compensation for slaves emancipated or liberated in any 
way whatever since the 9th day of January, 1861. 

Sec. 22. All persons who have not been married, but are now living 
together, cohabiting as husband and wife, shall be taken and held, for 
all purposes in law, as married, and their children, whether born 
before or after the ratification of this constitution, shall be legitimate, 
and the legislature may, by law, punish adultery and concubinage. 

Sec. 23. There shall be a commissioner of immigration and agricul- 
ture, who shall be elected by the legislature on joint ballot, who shall 
hold his office for the term of four years unless sooner removed 
by law. 

Sec. 24. The next legislature shall have power to repeal statutes of 
limitation, pass relief, stay, injunction, insolvent, and homestead laws, 
and to pass any and every act deemed necessary for the relief of 
debtors, subject only to the restrictions imposed by the Constitution 
of the United States. 

Sec. 25. Representatives in Congress to fill the existing vacancies 
shall be elected at the same time this constitution is submitted to the 
electors of the State for ratification, and for the full term next suc- 
ceeding their election, and thereafter elections for Representatives in 
Congress shall be held biennially. The first election shall be held on 
the first Tuesday after the first Monday in November preceding the 
expiration of said full term. 

Sec. 26. Members of the legislature, and all other officers elected or 
appointed to any office in this State, shall, before entering upon the 
discharge of the duties thereof, take and subscribe the following 
oath of office : 

OATH OF OFFICE 

" I, , do solemnly swear [or affirm] that I will faith- 
fully support and true allegiance bear the Constitution of the United 
States, and the State of Mississippi, and obey the laws thereof ; that 
I am not disqualified from holding office by the Constitution of the 
United States or the State of Mississippi { that I have never, as a 
memljer of any convention, voted for or signed any ordinance of 
secession; that I have never, as a member of any State legislature, 
voted for the call of any convention that passed any such ordinance; 
that I wall faithfully discharge the duties of the office upon which 
I am about to enter. So help me God." 

Sec. 27. It shall be the duty of the legislature to provide by law 
for the support of institutions for the education of the deaf, dumb, 
and blind and also for the treatment and care of the insane. 

Sec. 28. The legislature shall provide houses of refuge for the 
correction and reformation of juvenile offenders. 



Mississippi— 1868 2087 

Sec. 29. The county boards shall have power to provide farms as 
an asylum for those persons who. by reason of age, infirmity, or other 
misfortune, may have claims upon the sympathy and aid of society. 

Article XIII 

ORDINANCE AND SCHEDULE 
MODE OF REVISING THE CONSTITUTION 

Wlienever t«\'o-thirds of each branch of the legislature shall deem 
any change, alteration, or amendment necessary to this constitution, 
such proposed change, alteration, or amendment shall be read and 
passed by a two-thirds vote of each house, respectively, on each day 
for three several days; jjublic notice shall then be given by the 
secretary of state at least three months preceding the next general 
election, at which the qualified electors shall vote directly for or 
against such change, alteration, or amendment; and if more than 
one amendment shall be submitted at one time, they shall be sub- 
mitted in such manner and form that the people may vote for or 
against each amendment separately; and if it shall appear that a 
majority of the qualified electors voting for members of the legisla- 
ture shall have voted for the proposed change, alteration, or amend- 
ment, then it shall be inserted by the next succeeding legislature as 
a part of this constitution, and not otherwise: Prorided, That no 
amendment which may be made prior to the year one thousand eight 
hundred and eighty-five shall in any manner affect the eighteenth 
section of the bill of rights. 

SCHEDULE 

Section 1. The ordinance of secession of the State of Mississippi, 
passed January 9, 1801, is hereby declared to be null and void. The 
present and all previous constitutions of the State of Mississippi are 
hereby declared to be repealed and annulled by this constitution. 

Sec 2. All laws now in force in this State, not enacted in further- 
ance of secession and rel)ellion. and not repugnant to this constitution, 
shall continue in operation until they shall expire by their own limita- 
tion, or be altered or repealed by the legislature, except the herein- 
after-mentioned laws, to wit: 

"An act to change the name of the county of Jones, and for other 
purposes," apj^roved December 1, A. D. 1865. 

"An act to establish a ferry across the Mississippi Kiver at Vicks- 
burgh," approved November 29, A. D. 1865. 

"An act to i^rovide for the removal and location of the seat of 
justice of Scott County," approved Noveuiber 8. A. I). 1865. 

"An act suplemental to an act entitled 'An act to provide for the 
removal and location of the seat of justice of Scott County,' approved 
November 8, 1865," approved December 1, A. D. 1865. 

Sec 3. The legislature shall provide for the removal of causes now 
pending in the courts of this State to courts created by or under this 
constitution. 



2088 Mississippi— 1S68 

ORDINANCE 

Secs. 4 to 13 inclusive. [Expunged.]" 

Sec. 14. The members of the committee of five appointed by this 
convention, and the clerk thereof, sliall receive the same compensation 
as the members of the convention. 

o These sections of the original constitution were: 

Sec. 4. Immediately upon the adjournment of this convention this constitu- 
tion shall be submitted for i-atiflcation to the registered voters of the State, in 
conformity with the acts of Congress, passed March 2, 1SG7, entitled "An act to 
provide for the more efficient government of the rebel States;," and the acts 
supplementary thereto. 

Sec. 5. The election for the ratification of this constitution shall commence on 
the 22d day of June, A. D. 1868, and be held at such places, and shall continue 
such time, as the commanding general of the fourth military district may direct, 
and the polls shall be kept open from eight o'clock a. m. until seven o'clock p. m. 
each day. At said election all those in favor of ratifying the constitution shall 
have written or printed on their ballots the words. " For constitution ; " and 
those opposed to the ratification of the same shall have written or printed on 
their ballots the words, "Against constitution ; " but no person shall vote for or 
against this constitution on a separate ballot from that cast by him for oflacers to 
be elected at said election under this constitution. 

Sec. 6. In order to establish a civil government as required by the act of 
Congress, approved March 2. 1867, and the acts supplementary thereto, an elec- 
tion shall be held at the same time and place at which the constitution is sub- 
mitted for ratification, for all State officers, including members of the legisla- 
ture and for Representatives in Congress, at which election the electors who 
are qualified under the reconstruction acts of Congress shall vote, and none 
other. 

Sec. 7. The committee of five appointed under the authority of this convention 
shall appoint three commissioners of election for each county, whose duty it 
shall be to attend the election for the ratification or rejection of the constitution, 
who shall also, at the same time and place, attend the election for all officers 
and Representatives herein ordered, and be present at the counting of the votes, 
and forward the result of the same to the chairman of said committee within 
three days thereafter. 

Sec 8. The legislature elected under this constitution shall hold its first ses- 
sion in the capitol, in the city of Jackson, on the second INIonday after the 
official promulgation of the ratification of this constitution, and shall proceed 
immediately upon its organization to vote upon the adoption of the fourteenth 
amendment to the Constitution of the United States, proposed by Congress, and 
passed June 1-3, 1866. Said legislature shall not have power to enact any laws 
relative to the per diem of members, nor on any other subject, after organization, 
until said constitutional amendment shall have been adopted. 

Sec. 9. The first term of all civil officers elected at the same time this consti- 
tution is submitted for ratification or rejection, shall commence on the second 
Monday after their election shall have been officially promulgated, and shall 
continue to hold from said time until the expiration of the first full term suc- 
ceeding the election. 

Sec. 10. The commissioners of election herein provided for shall receive the 
same compensation per day, while in attendance upon elections, and allowances 
for transportation (when actual disbursements have been made) as registrars, 
and shall be paid out of any funds in the State treasury to the credit of the 
convention fund, upon the certificate of the chairman of said committee of five. 

Sec 11. The committee of five appointed by this convention is hereby author- 
ized and empowered to adjust all outstanding accounts against the same, and 
certify to their correctness, and the auditor of public accounts shall issue his 
warrant in payment thereof. 

Sec. 12. Wlien this convention adjourns it shall be subject to the call of the 
committee of five appointed by this convention: Provided, That should the con- 
stitution be ratified, this convention shall thereafter be deemed adjourned sine 
(lie, but in case the constitution should not be ratified, then the convention may 
be reconvened by said committee. 

Sec 13. Said committee shall have authority to employ a clerk and to enforce 
the collection of the taxes levied by the several ordinances of this convention, 
and to perform any and all duties appertaining to the same. 



Mississippi— 1868 2089 

Sec. 15. If any candidate receiving the highest number of votes 
cast cannot take the oath of office prescribed in this constitution, then, 
and in that case, the candidate receiving the next highest vote shall 
be entitled to enter upon and perform the duties of the office upon 
taking and subscribing to said oath. 

B. B. Eggleston, President. 

TiiAD, P. Sears, Secretary. 

AMENDMENTS TO THE CONSTITUTION OF 1868 

(Amendment I) 

Add to section five, article twelve, the following : Nor shall the state 
assume, redeem, secure, or pay any indebtedness or pretended indebt- 
edness claimed to be due by the State of Mississippi, to any person, 
association or corporation whatsoever, claiming the same as owners, 
holders, or assignees of any bond or bonds, now generally known as 
Union Bank bonds, or Planters' Bank bonds. 

(Amendment II) 

Section six, article eight, amended as follows: All proceeds of lands 
now, or hereafter vested in this state by escheat or purchase, or for- 
feiture for taxes, and the clear jn'oceeds of all fines collected in the 
several counties for any breach of the penal laws, and all moneys 
received for licenses granted under the hnvs of the state, for the sale 
of intoxicating liquors or keeping of dram shops, shall be collected in 
legal currency of the United States, and be paid into the treasury, to 
be distributed pro rata among the educable children of the state, in 
the manner provided for by law. 

(Amendment III) 

As a substitute for the seventeenth section of the sixth article of the 
constitution, read the following, to-wit : The legislature shall divide 
the state into a convenient number of chancery districts. Chancel- 
lors shall be appointed in the same manner as the judges of the cir- 
cuit courts. Their qualifications shall be regulated by law. and they 
shall hold their office for the term of four years. They shall hold a 
court in each county, at least twice in each year, and shall receive such 
compensation as may be provided by law. 

I 'Pile three furejioinir .iiiKMulnients were inserted by rescihition of tlie letrisl;-.- 
ture, .lanuary IS. ISTtl. | 

(Amendment IV) 

As a substitute for section (G) six, of article (4) four of the consti- 
tution: 

The legislature shall meet at the seat of government on the first 
Tuesday after the first Monday in January, in the year 187s. and 
biennially thereafter, unless sooner convened by the governor. The 
time and place of meeting nuiy be altered by law. 

[Inserted by resolution of the legislature, January 22, 1878.] 



2090 Mississippi— 1890 



CONSTITUTION OF THE STATE OF MISSISSIPPI— 1890 * « 

We, the people of Mississippi, in Convention assembled, grateful 
to Almighty God, and invoking His blessing on our work, do ordain 
and establish this Constitution. 

Article 1 
distribution of powers 

Section 1. The powers of the government of the State of Missis- 
sippi shall be divided into three distinct departments, and each of 
them confided to a separate magistracy, to- wit: those which are 
legislative to one; those which are judicial to another; and those 
which are executive to another. 

Sec. 2. No person or collection of j)ersons, being one, or belonging 
to one, of these departments, shall exercise any power properly be- 
longing to either of the others. The acceptance of an office in either 
of said departments shall, of itself, and at once, vacate any and all 
offices held by the person so accepting in either of the other depart- 
ments. 

Article 2 

boundaries of the state 

Sec. 3. The limits and boundaries of the State of Mississippi are 
as follows, to- wit: Beginning on the Mississippi river (meaning 
thereby the center of said river or thread of the stream) where the 
southern boundary line of the State of Tennessee strikes the same, as 
run by B. A. Ludlow, D. W. Connelly and W. Petrie, commissioners 
appointed for that purpose on the part of the State of Mississippi in 
A. D., 1837, and J. D. Graham and Austin Miller, commissioners 
appointed for that purpose on the part of Tennessee ; thence east 
along the said boundary line of the State of Tennessee to a point on 
the west bank of the Tennessee river, six four-pole chains south of 
and above the mouth of Yellow Creek ; thence up the said river to the 
mouth of Bear Creek; thence by a direct line to what was formerly 
the northwest corner of the county of AVashington, Alabama ; thence 
on a direct line to a point ten miles east of the Pascagoula river on 
the Gulf of Mexico; thence westwardly, including all the islands 
within six leagues of the shore, to the most eastern junction of Pearl 
river with Lake Borgne ; thence up said Pearl river to the thirty-first 
degree of north latitude ; thence west along the said degree of lati- 
tude to the midle or thread of the stream of the Mississippi river; 

* Verified from " Constitution of the State of Mississippi, adopted November 1, 
1890. Printed by authority. Jaclison, Miss. : E. L. Martin, Convention Printer. 
1891." 

See Journal of the Proceedings of the Constitutional Convention, of the State 
of Mississippi. Bebun at the city of Jaclison on August 12. 1890, and concluded 
November 1, 1890. Printed by authority. Jackson, Miss. : E. L. Martin, Printer 
to the Convention. 1890. pp. 638-685." 

For Debates in this Convention see " Dallv Clarion Ledger," Jackson, Aug. 1 
to Oct. .SI. 1890. 

"Adopted November 1. A. D. 1890. 



Mississippi — 1890 2091 

thence up the middle of the Mississippi river, or thread of the stream, 
to the place of beginning, including all islands lying east of the 
thread of the stream of said river, and also including any lands which 
were at any time heretofore a part of this State. 

Sec. 4. The legislature shall have power to consent to the acquisi- 
tion of additional territory by the State and to make the same a part 
thereof; and the legislature may settle disputed boundaries between 
this State and its coterminous States whenever such disputes arise. 

Article o 

BILL or RIGHTS 

Sec. 5. All political power is vested in, and derived from, the 
people; all government of right originates with the people, is founded 
upon their Avill only, and is instituted solely for the good of the 
whole. 

Sec. 6, The people of this State have the inherent, sole and ex- 
clusive right to regulate the internal government and ])olice thereof, 
and to alter and abolish their constitution and form of government 
whenever they may deem it necessary to their safety and hapi3iness; 
provided, such change be not repugnant to the constitution of the 
United States. 

Sec. T. The right to withdraw from the Federal Union on account 
of any real or supposed grievance, shall never be assumed by this 
State, nor shall any law be passed in derogation of the paramount 
allegiance of the citizens of this State to the government of the United 
States. 

Sec. 8. All persons resident in this State, citizens of the United 
States, are hereby declared citizens of the State of Mississippi. 

Sec. 9. The military shall be in strict subordination to the civil 
power. 

Sec. 10. Treason against the State shall consist only in levying 
war against the same or in adhering to its enemies, giving them aid 
and comfort. Xo person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confession in 
open court. 

Sec. 11. The right of the people peaceably to assemble and petition 
the government on any subject shall never be imi)aired. 

Sec. 12. The right of every citizen to keep and bear arms in defense 
of his home, person or ]>roperty, or in aid of the civil power when 
thereto legally summoned, shall not be called in question, but the 
legislature may regulate or forbid carrying concealed weaj^ons. 

Sec. i;^. The freedom of speech and of the ])ress shall be held 
sacred, and in all i)rosecutious for libel the truth may be given in 
evidence, and the jury shall determine the law and the facts under the 
direction of the court; and if it shall api)ear to the jury that the 
matter charged as libelous is true, and was i)ublished with good 
motives and for justifiable ends, the party shall be acquitted. 

Sec. 14. No person shall be deprived of life, liberty or property, 
except by due process of law. 

Sec. 15. There shall be neither slavery nor involuntary servitude 
in this State, otherwise than in the punishment of crime, whereof the 
party shall have be;'n duly convicted. 



2092 Mississippi— 1890 

Sec. 16. Ex post facto laws, or laws impairing the obligation of 
contracts, shall not be passed. 

Sec. 17. Private property shall not be taken or damaged for pul:)lic 
use excej^t on due compensation being first made to the ownei- or own- 
ers thereof, in a manner to be prescribed by law ; and whenever an 
attempt is made to take private property for a use alleged to be pub- 
lic, the question whether the contemplated use be public shall be a 
judicial question, and as such determined without regard to legisla- 
tive assertion that the use is public. 

Sec. 18. No religious test as a qualification for office shall be 
required; and no preference shall be given by law to any religious 
sect, or mode of worship; but the free enjoyment of all religious 
sentiments and the different modes of worship shall be held sacred. 
The rights hereby secured shall not be construed to justif}' acts of 
licentiousness injurious to morals or dangerous to the peace and 
safety of the State, or to exclude the Holy Bible from use in any 
public school of this State. 

Sec. 19. Human life shall not be imperiled b}' the practice of duel- 
ing; and any citizen of this State who shall hereafter fight a duel, or 
assist in the same as second, or send, accept, or knowingly carry a 
challenge therefor, whether such act be done in the State, or out of it, 
or who shall go out of the State to fight a duel, or to assist in the same 
as second, or to send, accept or carry a challenge, shall be disqualified 
from holding any office under this constitution and shall be disfran- 
chised. 

Sec. 20. No person shall be elected or appointed to office in this 
State for life or during good behavior, but the term of all offices shall 
be for some specified period. 

Sec. 21. The privilege of the writ of liabeas corpus shall not be 
suspended, unless when in case of rebellion or invasion, the public 
safety may require it, nor ever without the authority of the legis- 
lature. 

Sec. 22. Xo person's life or liberty shall be twice placed in jeop- 
ardy for the same offense; but there must be an actual acquittal or 
conviction on the merits to bar another prosecution. 

Sec. 23. The people shall be secure in their persons, houses and pos- 
sessions, from unreasonable seizure or search; and no warrant shall 
be issued without probable cause, supported by oath or affirmation, 
specially designating the place to be searched and the j^erson or thing 
to be seized. 

Sec. 24:. All courts shall be open; and every person for an injury 
done him in his lands, goods, person or reputation, shall have remedy 
hj due course of law, and right and justice shall be administered 
without sale, denial or delay. 

Sec. 25. No person shall be debarred from prosecuting or defend- 
ing any civil cause, for or against him or herself before am- tribunal 
in this State, by him or herself, or counsel, or both. 

Sec. 26. In all criminal prosecutions the accused shall have a right 
to be heard by himself or counsel, or both, to demand the nature and 
cause of the accusation, to be confronted by the witnesses against him, 
to have compulsory process for obtaining witnesses in his favor, and 
in all prosecutions by indictment or information, a speedy and public 



Mississippi— 1890 2093 

trial b}'' an impartial jury of the county whoro the offense was com- 
mitted; and he shall not be compelled to give evidence against him- 
self; but in prosecutions for rape, adultery, fornication, sodomy or 
the crime against nature, the court may in its discretion exclude 
from the court room all persons except such as are necessary in tlie 
conduct of the trial. 

Sec. '27. Xo })erson shall for any indictable oli'ense, be proeeriled 
against criminally by information, except in cases arising in the 
land or naval forces, or the militia when in actual service, or by 
leave of the court for misdemeancn- in office; but the legislature in 
cases not punishable by death or by imprisonment in the peniten- 
tiary, may dispense with the inquest of the grand jury, and may 
authorize prosecutions before justices of the peace, or such other 
inferior court or courts as may be established, and the ])roceedings in 
such cases shall be regulated by law. 

Sec. 28. Cruel or unusual punishment shall not be inllicted, nor 
excessive fines be imposed. 

Sec. 29. Excessive bail shall not be required; and all persons shall, 
before conviction, be bailable by sufficient sureties, except for capital 
offenses when the proof is evident or presumption great. 

Sec. 30. There shall l)e no imprisonment for del)t. 

Sec. 31. The right of trial by jury shall remain inviolate. 

Sec. 32. The enumeration of rights in this constitution shall not be 
construed to deny or impair others retained by, and inherent in. the 
people. 

Article 4 
legislative dicl'autment 

Sec. 33. The legislative power of this State shall l)e vested in the 
legislature, which shall consist of a senate, and a hou^e of rei)re- 
sentatives. 

Sec. 34. The house of representatives shall consist of members 
chosen every four years by the qualified electors of the several coun- 
ties and representative districts. 

Sec 35. The senate shall consist of members to be chosen every four 
years by the (pialiiied electors of the several districts. 

Sec. 3('). The legislature shall meet at the seat of government in 
regular session, on the first Tuesday after the first Monday in Janu- 
ary of the 3'ear A. D., 181)2, and every four years thereafter; and in 
special session on the first Tuesday after the first Monday in January 
of the year A. 1)., 1804. and every four years thereafter, unless sooner 
convened by the governor. The special sessions shall not continue 
longer than thirty days unless the governor, tleeming the public inter- 
est to require it, shall extend the sitting by proclamation in writing 
to be sent to and entered upon the journals of each house, for a 
specific number of days, and then it may continue in session to the 
expiration of that time. At such sixvial sessions the members shall 
receive not more conqiensation or salary than ten cents mileag(\ and 
a per diem of not exceeding five dollars: and none but approi)riation 
and revenue bills shall be considered except such other matters as 
may be acted upon at an extraordinary session called by the governor. 



2094 Mississippi — 1890 

Sec. 37. Elections for members of the legislature shall be held in 
the several counties and districts as provided by law. 

Sec. 38. Each house shall elect its own officers, and shall judge of 
the qualifications, return and election of its own members. 

Sec. 39. The senate shall choose a president pro tempore to act in 
the absence or disability of its presiding officer. 

QUALIFICATIONS AND PRIVILEGES OF LEGISLATORS 

Sec. 40. Members of the legislature before entering upon the dis- 
charge of their duties shall take the following oath : " I, , 

do solemnly sAvear (or affirm) that I will faithfully support the con- 
stitution of the United States and of the State of Mississippi ; that 
I am not disqualified from holding office by the constitution of this 
State; that I will faithfully discharge my duties as a legislator; 
that I will, as soon as practicable hereafter, carefully read (or have 
read to me) the constitution of this State, and will endeavor to note, 
and as a legislator, to execute all the requirements thereof imposed 
on the legislature; and I will not vote for any measure or person 
because of a promise of any other member of this legislature to vote 
for any measure or person, or as a means of influencing him or them 
to do so. So help me God." 

Sec 41. Xo person shall be a member of the house of representa- 
tives who shall not have attained the age of twenty-one years, and 
who shall not be a qualified elector of the State, and who shall not 
have been a resident citizen of the State four years, and of the county 
two years, immediately preceding his election. The seat of a member 
of the house of representatives shall be vacated on his removal from 
the county or flotorial district from which he was elected. 

Sec. 42. Xo person shall be a senator who shall not have attained 
the age of twenty-five years, who shall not have been a qualified 
elector of the State four years, and who shall not be an actual resi- 
dent of the district or territory he may be chosen to represent, for 
two years before his election. The seat of a senator shall be vacated 
upon his removal from the district from wliich he was elected.. 

Sec. 43. Xo person liable as principal for public moneys unac- 
counted for shall be eligible to a seat in either house of the legislature, 
or to any office of profit or trust, until he shall liaA'e accounted for 
and paid over all sums for which he may have been liable. 

Sec. 44. Xo person shall be eligible to a seat in either house of the 
legislature, or to any office of profit or trust, Avho shall have been con- 
A'icted of bribery, perjury, or other infamous crime; and any person 
who shall have^ been convicted of giving, or offering, directly, or 
indirectly, any bribe to procure his election or appointment ; and any 
person who shall give, or offer any bribe to procure the election or 
appointment of any person to office, shall, on conviction thereof, be 
disqualified from holding any office of profit or trust under the laws 
of this State. 

Sec. 45. Xo senator or representative during the term for which he 
was elected, shall be eligible to any office of profit, which shall have 
l)een created, or the emofuments of which have been increased, during 
the time such senator or representative was in office, except to such 
offices as may be filled by an election of the people. 



Mississippi— 1890 2095 

Sec. 46. The members of the legislature shall severally receive from 
the State treasury, compensation for their services, to be prescribed 
by law, which may be increased or diminished, but no alteration of 
such compensation of members shall take effect during the session at 
which it is made. 

Sec. 47. Xo member of the legislature shall take any fee or reward, 
or be counsel in any measure pending before either house of the legis- 
lature, under penalty of forfeiting his seat, upon proof thereof to the 
satisfaction of the house, of which he is a member. 

Sec. 48. Senators and representatives shall, in all cases, except 
treason, felony, theft or breach of the i^eace, be privileged from arrest 
during the session of the legislature, and for fifteen days before the 
commencement and after the termination of each session. 

TRIAL or OFFICERS 

Sec. 49. The house of representatives shall have the sole power of 
impeachment ; but two-thirds of all the members present must concur 
therein. All impeachments shall be tried by the senate, and, when 
sitting for that purpose, the senators shall be sworn to do justice 
according to law and the evidence. 

Sec. 50. The governor, and all other civil officers of this State, shall 
be liable to impeachment for treason, bribery, or any high crime or 
misdemeanor in office. 

Sec. 51. Judgment in such cases shall not extend further than 
removal from office, and disqualification to hold any office of honor, 
trust or profit in this State; but the party convicted shall, neverthe- 
less, be subject to indictment, trial, judgment and punishment accord- 
ing to law. 

Sec. 52. When the governor shall be tried, the chief justice of the 
supreme court shall preside; and when the chief justice is disabled, 
disqualified, or refuses to act, the judge of the supreme court, next 
oldest in commission, shall preside; and no person shall be convicted 
without the concurrence of two-thirds of all the senators present. 

Sec. 53. For reasonable cause, which shall not be sufficient ground 
of impeachment, the governor shall, on the joint address of two-thirds 
of each branch of the legislature, remove from office the judges of the 
supreme and inferior courts; but the cause or causes of removal shall 
be spread on the journal, and the party charged be notified of the 
same and have an opportunity to be heard by himself or counsel, or 
both, before the vote is finally taken and decided. 

rules of proceoi re 

Sec. 54. A majority of each house shall constitute a quorum to do 
business; but a less number may adjourn from day to day, and coinj^el 
the attendance of absent members in such manner and uniU'r sueh 
penalties as each shall ])rovide. 

Sec. 55. Eacli house may determine rules of its own proceedings, 
punish its members for disorderly behavior; and with the concurrence 
of two-thirds of the members present, expel a member: but no mem- 
ber, unless expelled for theft, bribery or corruption, shall he expelled 
a second time for the same offense. Roth houses shall from time to 
time, publish journals of their proceedings, except such parts as may 



2096 • Mississip2n—1890 

in their opinion require secrecy ; and the yeas and nays, on any ques- 
tion, shall be entered on the journal, at the request of one-tenth of the 
members present; and the 3'eas and nays shall be entered on the jour- 
nal on the final passage of every bill. 

Sec. 5G. The style of the laws of the State shall be : " Be it enacted 
by the legislature of the State of Mississippi." 

Sec. 57. Neither house shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that 
in which the tAvo houses shall be sitting. 

Sec. 58. The doors of each house, when in session, or in committee 
of the whole, shall be kept open, except in cases which may require 
secrecy; and each house may punish, by fine and imprisonment, any 
person not a member, who shall be guilty of disrespect to the house, 
by any disorderly or contemptuous behavior in its presence, or who 
shall in any way disturb its deliberations during the session ; but 
such imprisonment shall not extend beyond the final adjournment 
of that session. 

Sec. 59. Bills may originate in either house and be amended or 
rejected in the other; and every bill shall be read on three different 
da3's in each house unless two-thirds of the house where the same is 
pending shall dispense with the rules ; and every bill shall be read in 
full immediately before the vote on its final passage ; and every bill 
having passed both houses, shall be signed by the president of the 
senate and the speaker of the house of representatives, in open ses- 
sion ; but before either shall sign any bill, he shall give notice thereof, 
suspend business in the house over which he presides, have the bill 
read by its title, and on demand of any member, have it read in full ; 
and all such proceedings shall be entered on the journal. 

Sec. 60. Xo bill shall be so amended in its passage through either 
house as to change its original purpose, and no law shall be passed 
except by bill ; but orders, votes and resolutions of both houses, 
affecting the prerogatives and duties thereof, or relating to adjourn- 
ment, to amendments to the constitution, to the investigation of public 
officers, and the like, shall not require the signature of the governor; 
and such resolutions, orders and votes, may empower legislative com- 
mittees to administer oaths, to send for persons and papers, and gen- 
erally make legislative investigations effective. 

Sec. 61. Xo law shall be revived or amended by reference to its 
title only, but the section or sections as amended, or revived, shall be 
inserted at length. 

Sec. 62. Xo amendment to bills by one house shall be concurred in 
by the other, except by a vote of a majority thereof, taken by yeas 
and nays and the names of those voting for and against recorded 
upon the journals; and reports of committees of conference shall in 
like manner be adopted in each house. 

Sec. 63. Xo appropriation bill shall be passed by the legislature 
which does not fix definitely the maximum sum thereby authorized 
to be drawn from the treasury. 

Sec. 64. Xo bill passed after the adoption of this constitution to 
make appropriations of money out of the State treasury, shall con- 
tinue in force more than six months after the meeting of the legisla- 
ture at its next regular session; nor shall such bill be passed except 



Mississippi — 1890 2097 

by the votes of a majority of all the members elected to each house of 
the legislature. 

Sec. G5. All votes on the final passage of any measure shall be sub- 
ject to reconsideration for at least one whole legislative day, and no 
motion to reconsider such vote shall be disposed of adversely on the 
day on which the original vote was taken, except on the last day of 
the session. 

Sec. G6, No law granting a donation, or gratuity, in favor of any 
person or object shall be enacted, except by the concurrence of two- 
thirds of each branch of the legislature, nor by any vote for a sec- 
tarian purpose or use. 

Sec. 67. No new bills shall be introduced into either house of the 
legislature during the last three days of the session. 

Sec. 08. Appropriation and revenue bills shall, at regular sessions 
of the legislature, have precedence in both houses over all other busi- 
ness, and no such bills shall be passed during the last five days of the 
session. 

Sec. 69. General appropriation bills shall contain only the appro- 
priations to defray the ordinary expenses of the executive, legislative 
and judicial departments of the government, to pay interest on State 
bonds, and to support the common schools. All other appropriations 
shall be made by separate bills, each embracing but one sul)ject. 
Legislation shall not be engrafted on appropriation bills, but the 
same may prescribe the conditions on which the money may be drawn, 
and for what purposes paid. 

Sec. 70. No revenue bill nor any bill providing for assessments of 
property for taxation, shall become a law, except by a vote of at least 
three-fifths of the members of each house present, and voting. 

Sec. 71. P^very bill introduced into the legislature shall have a title, 
and the title ought to indicate clearly the subject matter, or matters, 
of the proposed legislation. Each committee to which a l)ill may be 
referred, shall express in writing its judgment of the sufliciency of 
the title of the bill, arid this, too, whether the recommendation be that 
the bill do pass, or do not pass. 

Sec. 72. Every bill which shall pass both houses shall be presented 
to the governor of the State. If he approve, he shall sign it, but if he 
does not approve, he shall return it, with his objection, to the house in 
which it originated, which shall enter the objections at large tipon 
its journal, and proceed to reconsider it. If, after such reconsidera- 
tion, two-thirds of that house shall agree to pass the bill, it sliall U' 
sent, with the obje(;tions, to the other house, by which, likewise, it 
shall be reconsidered, and if approved by two-thirds of that house, 
it shall become a law ; but in all such cases, the votes of both houses 
shall be determined by yeas and nays, and the names of the persons 
voting for, and against the bill, shall be entered on the journal of 
each house respectively. If any bill shall not be returned l)v the gov- 
ernor, within five days, (Sunday excepted), after it has been pre- 
sented to him, it shall l)ecome a law, in like manner as if he had signed 
it, unless the legislature, by adjournment, prevent its return: in 
which case it shall be a law unless sent back within three days after 
the beginning of the next session of the legislature. No bill shall 
be ap})roved when the legislature is not in session. 
7253— VOL o— 07— — 1« 



2098 Mississippi— 1890 

Sec. 78. The "loveiiior may veto parts of any appropriation bill, 
and approve parts of the same, and the portions approved shall 
be law. 

Sec. 74. No bill shall become a law until it shall have been referred 
to a committee of each house and returned therefrom with a recom- 
mendation in writing. 

Sec. 75. No law of a general nature, unless therein otherwise pro- 
vided, shall be enforced until sixty days after its passage. 

Sec. 70. In all elections by the legislature the members shall vote 
viva voce, and the votes shall be entered on the journals. . 

Sec. 77. The governor shall issue writs of election to fill such vacan- 
cies as may occur in either house of the legislature, and the persons 
thereupon chosen shall hold their seats for the unexpired term. 

INJUNCXION 

Sec. 78. It shall be the duty of the legislature to regulate by law 
the cases in which deductions shall be made from salaries of public 
officers, for neglect of official duty and the amount of said deduction. 

Sec. 79. The legislature shall provide by law for the sale of all 
delinquent tax lands. The courts shall apply the same liberal princi- 
ples in favor of such titles as in sale by execution. The right of 
redemption from all sales of real estate, for the non-payment of taxes, 
or special assessments, of any and every character whatsoever, shall 
exist, on conditions to be prescribed by law, in favor of owners and 
persons interested in such real estate, for a period of not less than 
two years. 

Sec. 80. Provision shall be made by general laws to prevent the 
abuse by cities, towns and other municipal corporations of their 
powers of assessment, taxation, borrowing money and contracting 
debts. 

Sec. 81. The legislature shall never authorize the permanent ob- 
struction of any of the navigable waters of this State; but may pro- 
vide for the removal of such obstructions as now exist, whenever the 
public Avelfare demands; this section shall not prevent the construc- 
tion, under proper authority, of draw-bridges for railroads, or other 
roads, nor the construction of " booms and chutes " for logs in such 
manner as not to prevent the safe passage of vessels, or logs, under 
regulations to be provided by law. 

Sec. 8'2. The legislature shall fix the amount of the penalty of all 
official bonds, and may, as far as practicable, provide that the Avhole 
or a part of the security required for the faithfid discharge of official 
duty shall be made by some guarantee company or companies. 

Sec. 83. The legislature shall enact laws to secure the safety of 
persons from fires in hotels, theatres and other public places of resort. 

Sec. 84. The legislature shall enact laws to limit, restrict or prevent 
the acquiring and holding of land in this State by non-resident aliens, 
and may limit or restrict the acquiring or holding of lands by cor- 
porations. 

Sec. 85. The legislature shall provide by general law for the work- 
ing of public roads by contract or by county prisoners, or both. Such 
law may be jDut in operation onl}' by a vote of the board of super- 
visors in those counties where it may be desirable. 



Mississippi— 1890 2099 

Sec. 86. It shall be the duty of the legislature to provide by law for 
the treatment and care of the insane ; and the legislature may provide 
for the care of the indigent sick in the hospitals in the State. 

LOCAL LEGISLATION 

Sec. 87. Xo special or local law shall be enacted for the benefit of 
individuals or corporations, in cases which are, or can be provided for 
by a general law, or where the relief sought can be given by any court 
of this State; nor shall the operation of any general law be suspended 
by the legislature for the benefit of any individual or private cor- 
poration or association, and in all cases where a general law can be 
nuide applicable, and would be advantageous, no special law shall be 
enacted. 

Sec. 88. The legislature shall pass general laws, under which local 
and private interests shall be ])rovided for and ])rotected, and under 
which cities and towns may be chartered and their chartei's amended, 
and under which corporations may be created, organized, and their 
acts of incorporation altered; and all such laws shall be subject to 
repeal or amendment. 

Sec. 80. There shall be apointed in each house of the legislature 
a standing committee on local and private legislation; the house com- 
mittee to consist of seven rei:)resentatives. and the senate committee, 
of five senators. No local or private bill shall be passed by either 
house until it shall have been referred to said connnittee thereof, 
and shall have been reported back with a reconnnendation in writing 
that it do pass, stating affirmatively the reasons therefor, and why the 
end to be accomplished should not be reached by a general law, or by 
a proceeding in court; or if the recommendation of the committee be 
that the bill do not pass, then it shall not pass the house to which it 
is so rej)orted unless it be voted for In* a majority of all the members 
(^lected thereto. If a bill is j)assed in conformity to the requirements 
hereof, other than such as are prohil)ited in the next section, the courts 
shall not, because of its local, special or private nature, refuse to 
enforce it. 

Sec. 00. The legislature shall not pass local, private or special laws 
in any of the following enumerated cases, but such matters shall be 
l)rovided for only by general laws, viz: 

(a) (i ranting divorces. 

(h) Changing the names of ])ersons, places or corporations. 

(r) Providing for changes of venue in civil and criminal cases. 

(d) Regulating the rate of interest on money. 

(e) Concerning the settlement or administration of any estate*, oi* 
the sale or mortgage of any projierty. of any infant, or of a })erson 
of unsound mind, or of any deceased person. 

(/) The removal of the disability of infancy. 

({/) Granting to any person, corporation, or association, the right 
to have any ferry, bridge, road or fish-trap. 

(Ii) Exemption of jiroperty from taxation, or from levy or sale. 

(/) Providing for the adoption oi* legitimation of childi'en. 

(_/') Changing the law of descent and distribution. 

(k) Exempting any person from jury, road, oi' other r'wW duty 
(and no j)erson shall be exempted therefrom by force of any local or 
private law). 



2100 Mississippi— 1890 

{I) Laying out, opening, altering and working roads and high- 
ways. 

(m) Vacating any road or highway, town plat, street, alley or 
public grounds. 

(n) Selecting, drawing, summoning or empaneling grand or petit 
juries. 

(o) Creating, increasing, or decreasing the fees, salar}^ or emolu- 
ments of any public officer. 

(p) Providing for the management or support of any private or 
common school, incorporating the same or granting such school any 
privileges. 

(q) Relating to stock laws, water courses and fences. 

(r) Conferrmg the power to exercise the right of eminent domain, 
or granting to any person, corporation, or association the right to 
lay down railroad tracks, or street car tracks, in any other manner 
than that prescribed by general law. 

(.s') Regulating the practice in courts of justice. 

(t) Providing for the creation of districts for the election of 
justices of the peace and constables. 

(?/) Granting any lands under control of the State to any person 
or corporation. 

PROHIBITIONS 

Sec. 91. The legislature shall not enact an}' law for one or more 
counties, not applicable to all the counties in the State, increasing the 
uniform charge for the registration of deeds, or regulating costs and 
charges and fees of officers. 

Sec. 92. The legislature shall not authorize payment to any person 
of the salary of a deceased officer beyond the date of his death. 

Sec. 93. The legislature shall not retire any officer on pay, or part 
pay, or make any grant to slich retiring officer. 

Sec. 94. The legislature shall never create by law any distinction 
between the rights of men and women to acquire, own, enjoy, and 
dispose of property of all kinds, or their power to contract in refer- 
ence thereto. Married women are hereby fully emancipated from all 
disability on account of coverture. But this shall not prevent the 
legislature from regulating contracts between husband and wife ; nor 
shall the legislature be prevented from regulating the sale of home- 
steads. 

Sec. 95. Lands belonging to, or under the control of the State, 
shall never be donated directly, or indirectly, to private corporations 
or individuals, or to railroad companies. Nor shall such land be sold 
to corporations or associations for a less price than that for which it 
is subject to sale to individuals. This, however, shall not prevent the 
legislature from granting a right of way, not exceeding one hundred 
feet in width, as a mere easement, to railroads across State land, and 
tlie legislature shall never dispose of the land covered by said right 
of way so long as such easement exists. 

Sec. 96. The legislature shall never grant extra compensation, fee 
or allowance, to any public officer, agent, servant or contractor, after 
service rendered, or contract made, nor authorize payment, or part 
payment, of any claim under any contract, not authorized by law: 



Mississip]n—1890 2101 

but appropriations may be made for expenditures in repelling inva- 
sion, preventing, or suppressing insurrections. 

Sec. 97. The legislature shall have no power to revive any remedy 
which may have become barred by lapse of time, or by any statute 
of limitation of this State. 

Sec. 98. Xo lottery shall ever be allowed, or be advertised by news- 
papers, or otherw ise, or its tickets be sold in this State ; and the leg- 
islature shall provide by law for the enforcement of this provision : 
nor shall any lottery heretofore authorized be permitted to be drawn 
or its tickets sold. 

Sec. 99. The legislature shall not elect any other than its own 
officers, State librarian, and United States senators: but this section 
shall not prohibit the legislature from appointing presidential 
electors. 

Sec. 100. Xo obligation or liability of any person, associati(m, or 
corporation held or owned by this State, or levee board, or any countv. 
city, or town thereof, shall ever be remitted, released or postponed, or 
in any way diminished by the legislature, nor shall such liability or 
obligation be extinguished except by payment thereof into the })roper 
treasury ; nor shall such liability, or obligation be exchanged or trans- 
ferred except upon payment of its face value; but this shall not be 
construed to prevent the legislature from providing by general law 
for the compromise of doubtful claims. 

Sec. 101. The seat of government of the State shall be at the city of 
Jackson, and shall not be removed or relocated without the assent of 
a majority of the electors of the State. 

miscellaneous 

Sec. 102. All general elections for State and county officers shall 
commence and be holden every four years, on the first Tuesday after 
the first Monday in Xovember, until altered by law : and the electors, 
in all cases except in cases of treason, felony and breach of the peace, 
shall be privileged from arrest during their attendance at elections 
and in going to and returning therefrom. 

Sec. 103. In all cases not otherwise provided for in this constitution, 
the legislature may determine the mode of filling all vacancies, in all 
offices, and in cases of emergency provisional apointments may be 
made by the governor, to continue until the vaciincy is regularly 
filled; and the legislature shall provide suitable compensation for all 
officers, and shall define their respective powers. 

Sec. 104. Statutes of limitation in civil causes shall not run against 
the State, or any subdivision, or municijial corporation thereof. 

Sec. 105. The legislature shall provide for the enumeration of the 
whole number of inhabitants, and the qualified electors of the State, 
once in every ten years; and the first enumeration shall be made dur- 
ing the two months begimiing on the first Monday of June. 1895, and 
the legislature shall provide for the same by law. 

Sec. lOG. There shall be a State librarian, to be chosen by the legis- 
lature, on joint vote of the two houses, to serve for four years, whose 
duties and compensation shall be prescribed 1)V law. Any woman, a 
resident of the State four years, and who has attained the age of 
twenty years, shall be eligible to said office. 



2102 Mississippi— 1890 

Sec. 107. All stationery, printing, paper, and fuel, used by the 
legislature, and other departments of the government, shall l)e fur- 
nished, and the printing and binding of the laws, journals, depart- 
ment reports, and other printing and binding, and the repairing and 
furnishing the halls and rooms used for the meeting of the legisla- 
ture, and its committees, shall be performed under contract, to be 
given to the lowest responsible bidder, below such maximum and 
imder such regulations as may be prescribed by law. No member of 
the legislature or officer of any department shall be in any way inter- 
ested in such contract; and all such contracts shall be subject to the 
approval of the governor and State treasurer. 

Sec. 108. Whenever the legislature shall take away the duties per- 
taining to any office, then the salary of the officer shall cease. 

Sec. 109. No public officer or member of the legislature shall be 
interested directly or indirectly in any contract with the State, or any 
district, county, city or town thereof, authorized by any law passed, or 
order made by any board of which he may be or may have been a 
member, during the term for which he shall have been chosen, or 
within one year after the expiration of such term. 

Sec. 110. The legislature may provide,* by general law, for con- 
demning rights of way for private roads, where necessary for ingress 
and egress by the party applying, on due compensation being first 
made to the owner of the property ; but such rights of way shall 
not be provided for in incorporated cities and towns. 

Sec. 111. All lands comprising a single tract sold in pursuance 
of decree of court, or execution, shall be first offered in subdivisions 
not exceeding one hundred and sixty acres, or one-quarter section, 
and then offered as an entirety, and the price bid for the latter shall 
control only when it shall exceed the aggregate of the bids for the 
same in subdivisions as aforesaid; but the chancery court, in cases 
before it, may decree otherwise if deemed advisable to do so. 

Sec. 112. Taxation shall be uniform and equal throughout the 
State. Property shall be taxed in proportion to its value. The 
legislature may, however, impose a tax per capita upon such domestic 
animals as from their nature and habits are destructive of other 
property. Property shall be assessed for taxes under general laws, 
and by uniform rules, according to its true value. But the legisla- 
ture may provide for a special mode of valuation and assessment for 
railroads, and railroad and other corporate property, or for particu- 
lar species of property belonging to persons, corporations or associa- 
tions not situated wholly in one county. But all such property shall 
be assesed at its true value, and no county shall be denied the right 
to levy county and sepcial taxes upon such assessment as in other 
cases of property situated and assessed in the county. 

Sec. 113. The auditor shall, within sixty days after the adjourn- 
ment of the legislature, prepare and publish a full statement of all 
money expended at such session, specifying the items and amount 
of each item, and to whom, and for what paid; and he shall also 
publish the amounts of all appropriations. 

Sec. 114. Returns of all elections by the people shall be made to 
the secretary of state in such manner as shall be provided by law. 

Sec. 115. The fiscal year of the State of Mississip])i shall commence 
on the first day of October, and end on the thirtieth day of September 
of each year; and the auditor of public accounts and the treasurer of 



Mississippi— 1890 2103 

the State shall coinpilo. and have published, a full and complete 
report, showing- the transactions of their respective offices on or 
before the thirty-first day of December of each year for the preceding 
fiscal year. 

Article 5 

executive 

Sec. IIG. The chief executive power of the State shall be vested in 
a governor, who shall hold his office for four years, and who shall 
be ineligible as his inniiediate successor in office. 

Sec. 117. The governor shall be at least thirty years of age, and 
shall have been a citizen of the United States twenty years, and shall 
have resided in this State five years next preceding the day of his 
election. 

Skc. 118. The governor shall receive for his services such com- 
pensation as may be fixed by law, which shall neither be increased nor 
diminished during his term of office. 

Sec. 111). The governor shall be commander-in-chief of the army 
and nav}'^ of the State, and of the militia, except when they shall be 
called into the service of the United States. 

Sec. 120. The governor may require information, in writing, from 
the officers in the executive departments of the State on any subject 
relating to the duties of their respective offices. 

Sec. 121. The governor shall have power to convene the legislature 
in extraordinary session Avhenever in his judgment the public interest 
requires it. Should the governor deem it necessary to convene the 
legislature, he shall do so by public proclamation, in which he shall 
state the subjects and matters to be considered by the legislature when 
so convened; and the legislature when so convened, as aforesaid, 
shall have no ])ower to consider or act u])on subjects or matters other 
than those designated in the j)i'oclamation of the governor, by which 
the session is called, except imjjeachments, and examination into the 
accounts of State officers. The legislature when so convened may also 
act on and consider such other matters as the governor may in writing 
submit to them while in session. The governor may convene the 
legislature at the seat of government, or at a different place, if that 
shall become dangerous from an enemy, or from disease; and in case 
of a disagreement between the two houses, with respect to time of 
adjournment, adjourn them to such time as he shall think proj^er. not 
beyond the day of the next stated meeting of the legislature. 

Sec. 122. The governor shall, from time to time, give the legis- 
lature inl'ornuition of the state of the government, and recommend 
for consideration such measures as may be deemed necessary and 
expedi<?nt. 

Sec. 12;^. The governor shall see that the laws are faithfully exe- 
cuted. 

Sec. 124. In all criminal and penal cases, excepting those of treason 
and impeachment, the governor shall have jwwer to grant rejjrieves 
and })ar(lons, to remit fines, and in cases of forfeiture, to stay the 
collection, until the end of the next session of the legislatui'e, and by 
and with the consent of the senate to remit forfeitures. In cases of 
treason, he shall have power to grant re])rieves, by and with the con- 
sent of the senate, but may respite the sentence until the end of the 



2104 Mississippi— 1890 

next session of the legislature ; l)iit no pardon shall be granted before 
conviction, and in cases of felony after conviction no pardon shall 
be granted until the applicant therefor shall have published for 
thirty days, in some newspaper in the county where the crime was 
committed, and in case there be no newspaper published in said 
county, then in an adjoining county, his petition for pardon, setting 
forth therein the reasons wdiy such pardon should be granted. 

Sec. 125. The governor shall have the power, and it is hereby made 
his duty, to suspend alleged defaulting State and county treasurers, 
and defaulting tax collectors, pending the investigation of their 
respective accounts, and to make temporary appointments of proper 
persons to fill the offices while such investigations are being made, 
and the legislature shall provide for the enforcement of this provision 
by appropriate legislation. 

Sec. 126. There shall be a seal of the State kept by the governor, 
and used by him officially, and be called the great seal of the State of 
Mississippi. 

Sec. 127. All commissions shall be in the name and by the authority 
of the State of Mississippi, be sealed with the great seal of State, and 
be signed by the governor, and attested by the secretary of state. 

Sec. 128. There shall be a lieutenant-governor, who shall be elected 
at the same time, in the same manner, and for the same term, and who 
shall possess the same qualifications as required of the governor. 

Sec. 129. The lieutenant-governor shall, by virtue of his office, be 
president of the senate. In committee of the whole, he may debate 
all questions, and when there is an equal division in the senate, or on 
a joint vote of both houses, he shall give the casting vote. 

Sec. 130. The lieutenant-governor shall receive for his services the 
same compensation as the speaker of the house of representatives. 

Sec. 131. When the office of governor shall become vacant, by 
death or otherwise, the lieutenant-governor shall possess the powers 
and discharge the duties of said office. \Mien the governor shall be 
absent from the State, or unable from protracted illness to perform 
the duties of the office, the lieutenant-governor shall discharge the 
duties of said office until the governor be able to resume his duties; 
but, if from disability or otherwise, the lieutenant-governor shall 
be incapable of performing said duties, or if he be absent from the 
State, the president of the senate pro tempore shall act in his stead; 
but if there be no such president, or if he be disqualified by like dis- 
ability, or be absent from the State, then the speaker of the house of 
representatives shall assume the office of governor, and perform said 
duties; and in case of the inability of the foregoing officers to dis- 
charge the duties of governor, the secretary of state shall convene the 
senate, to elect a president pro tempore. The officer discharging the 
duties of governor shall receive the compensation as such. Should 
a doubt arise as to whether a vacancy has occurred in the office of gov- 
ernor or as to whether any one of the disabilities mentioned in this 
section exists or shall have ended, then the secretary of state shall 
submit the question in doubt to the judges of the supreme court, who, 
or a majority of whom, shall investigate and determine said question; 
and shall furnish to said secretary of state an opinion in writing 
determining the question submitted to them, which opinion when ren- 
dered as aforesaid shall be final and conclusive. 



Mississippi— 1890 2105 

Sec. 132. In case the election for lieutenant governor shall be con- 
tested, the contest shall be tried and determined in the same manner 
as a contest for the office of governor. 

Sec. 133. There shall be a secretary of State, who shall be elected 
as herein provided. He shall be at least twenty-five years of age, a 
citizen of the State five years next preceding the day of his election, 
and he shall continue in office during the term of four years, and shall 
be keeper of the capitol ; he shall keep a correct register of all official 
acts and proceedings of the governor; and shall, when required, lay 
the same, and all papers, minutes and vouchers relative thereto, before 
the legislature, and he shall perform such other duties as may be 
required of him by law. He shall receive such compensation as shall 
be prescribed. 

Sec. 134. A State treasurer and an auditor of public accounts shall 
be elected as herein provided, who shall hold their offices for the term 
of four years, and shall possess the same qualifications as required for 
the secretary of state; the}^ shall receive such compensation as may 
be provided by law. Said treasurer and auditor of public accounts 
shall be ineligible to immediately succeed themselves or each other 
in office. 

Sec. 135. There shall be a sheriff, coroner, treasurer, assessor and 
surveyor for each county, to be selected as elsewhere provided herein, 
w'ho shall hold their offices for four years. The sheriff and treasurer 
shall be ineligible to immediately succeed themselves or each other in 
office. 

Sec. 136. All officers named in this article shall hold their offices 
during the term for which they were selected, unless removed, and 
until their successors shall be duly qualified to enter on the discharge 
of their resjDcctive dutie.s. 

Sec. 137. It shall be the duty of the state treasurer, within ten 
days after the first day of January and July of each year, to publish 
a statement under oath, in some newspaper published at the seat of 
government, showing the condition of the treasury on said days, the 
balance on hand and in what funds, together with a certificate of the 
governor that he has verified the count of the funds in the treasury 
and found the balance, stated by the treasurer, actually in the vaults 
of the treasury, or as the truth may be. And it shall be the duty of 
the governor at such times as he may deem proper, to go to the treas- 
ury, without giving notice to the treasurer, and verify the cash 
balance as shown by the books, and to publish the fact that he has 
done so, and whether the amount called for by the books be actually 
in the treasury, and stating whether the treasurer had any notice 
whatever that the verification would be made. 

Sec". 138. The sheriff, coroner, treasurer, assessor, surveyor, clerks 
of the courts, and meMil)ers of the board of supervisors of the several 
counties, and all other officers exercising local jurisdictiou therein, 
shall be selected in the manner provided by law for each county. 

Sec. 139. The legislature ma}' empower the governor to remove 
and appoint officers, in any county or counties or municipal corpora- 
tions, under such regulations as may be prescribed by law. 

Sec. 140. The governor of the State shall be chosen in the follow- 
ing manner : On tlie first Tuesday after the first Monday of November 
of A. D., 1895, and on the first Tuesday after first Monday of Novem- 



2106 ■ Mississippi— 1890 

ber in every fourth year thereafter, until the day shall be changed 
by laAv, an election shall be held in the several counties and districts 
created for the election of members of the house of representatives in 
this State, for governor, and the person receiving in any county or 
such legislative district the highest number of votes cast therein, for 
said office, shall be holden to have received as many votes as such 
county or district is entitled to members in the house of representa- 
tives, which last named votes are hereby designated " electoral votes." 
In all cases where a representative is apportioned to two or more 
counties or districts the electoral vote based on such representative 
shall be equally divided among such counties or districts. The 
returns of said election shall be certified by the election commis- 
sioners, or a majority of them, of the several counties, and transmit- 
ted, sealed, to the seat of government, directed to the secretary of 
state, and shall be by him safely kept and delivered to the speaker of 
the house of representatives at the next ensuing session of the legis- 
lature within one day after he shall have been elected. The speaker 
shall, on the next Tuesday after he shall have received said returns, 
open and publish them in the presence of the house of representa- 
tives, and said house shall ascertain and count the vote of each county 
and legislative district and decide any contest that may be made con- 
cerning the same, and said decision shall be made by a majority of 
the Avhole number of members of the house of representatives con- 
curring therein, by a viva voce vote, which shall be recorded in its 
journal ; provided, in case the two highest candidates have an equal 
number of votes in any county or legislative district, the electoral 
vote of such county or legislative district shall be considered as 
equally divided between them. The person found to have received a 
majority of all the electoral votes, and also a majority of the popular 
vote, shall be declared elected. 

Sec. 141. If no person shall receive such majorities, then the house 
of representatives shall proceed to choose a governor from the two 
persons who shall have received the highest number of popular votes; 
the election shall be by viva voce vote, which shall be recorded in the 
journal, in such manner as to show for whom each member voted. 

Sec. 142. In case of an election of governor or any State officer by 
the house of representatives, no member of that house shall be 
eligible to receive any appointment from the governor or other State 
officer so elected, during the term for which he shall be selected. 

Sec. 143. All other State officers shall be elected at the same time, 
and in the same manner as provided for election of governor. 

Article 6 
judiciary 

Sec. 144. The judicial power of the State shall be vested in a 
supreme court and such other courts as are provided for in this 
constitution. 

Sec 145. The supreme court shall consist of three judges, any two 
of whom, when convened, shall form a quorum. The legislature 
shall divide the State into three supreme court districts, and the gov- 
ernor, by and with the advice and consent of the senate, shall appoint 
one judge for and from each district; but the removal of a judge to 



Mississippi— 1890 2107 

the State capital during his term of office shall not render him 
ineligible as his own successor for the district from which he has 
removed. The present incumbents shall be considered as holding 
their terms of office from the State at large. 

Sec. 146. The supreme court shall have such jurisdiction as prop- 
erly belongs to a court of appeals. 

Sec. 147. Xo judgment or decree in any chancery or circuit court 
rendered in a civil cause, shall be reversed or annulled on the ground 
of want of jurisdiction to render said judgment or decree, from any 
error or mistake as to whether the cause in which it was rendered 
was of equity or common law jurisdiction: but if the supreme court 
shall find error in the proceedings other than as to jurisdiction, and 
it shall be necessary to remand the case, the supreme court may 
remand it to that court which in its opinion can best determine the 
controversy. 

Sec. 148. The supreme court shall be held twice in each year at the 
seat of government, at such time as the legislature may provide. 

Sec. 149. The term of office of the judges of the supreme cdurt shall 
be nine years. The office of one of said judges shall be vacated in 
three years, one in six years, and one in nine years, so that at the ex- 
piration of everv three years one of said judges shall be appointed 
as aforesaid. 

Sec. 150. No i:)erson shall be eligible to the office of judge of the 
supreme court who shall not have attained the age of thirty years at 
the time of his appointment, and who shall not have been a practicing 
attorney and a citizen of the State for five years immediately preced- 
ing such appointment. 

Sec. 151. All vacancies which may occur in said court from death, 
resignation, or removal, shall be filled by appointment as aforesaid; 
but if a vacancy shall occur during the recess of the legislature, the 
governor shall appoint a successor who shall hold his office until the 
end of the next session of the senate unless his nomination shall be 
sooner rejected. 

Sec. 152. The legislature shall divide the State into convenient 
circuit and chancery court districts. 

Sec. 153. The judges of the circuit courts and of the chancery 
courts shall be appointed by the governor, with the advice and consent 
of the senate, and shall hold their offices for the terui of four years. 

Sec. 154. No person shall be eligible to the office of judge of the 
circuit or of the chancery court, who shall not have been a practicing 
lawyer for five years, and who shall not have attained the age of 
twenty-six years, and who shall not have been five years a citizen of 
this State. ' 

Sec. 155. The judges of the several courts of this State shall, before 
they proceed to execute the duties of their respective offices, take the 

following oath or affirnuition, to-wit: '" I, , solemnly swear 

(or affirm) that I will administer justice Avithout respect to persons, 
and do equal right to the poor and to the rich, and that I will faith- 
fully and impartially discharge and perform all the duties incumbent 

upon me as according to the best of my ability and 

understanding, agreeably to the constitution of the United States, 
and the constitution and laws of the State of jNIississiijiji ; so help me 
God." 

Sec. 150. The circuit court shall have original jurisdiction in all 



2108 Mississippi— 1890 

matters civil and criminal in this State not vested by this constitu- 
tion in some other court, and such appellate jurisdiction as shall be 
prescribed by law. 

Sec. 157. All causes that may be brought in the circuit court 
whereof the chancery court has exclusive jurisdiction shall be trans- 
ferred to the chancery court. 

Sec. 158. A circuit court shall be held in each county at least twice 
in each year, and the judges of said courts may interchange circuits 
with each other in such manner as may be provided by law\ 

Sec. 159. The chancery court shall have full jurisdiction in the 
following matters and cases, viz : 

(a) All matters in equity. 

(h) Divorce and alimony. 

(c) Matters testamentary and of administration. 

(d) Minor's business. 

{e) Cases of idiocy, lunacy and persons of unsound mind. 

(/) All cases of which the said court had jurisdiction under the 
laws in force when this constitution is put in operation. 

Sec. 160. And in addition to the jurisdiction heretofore exercised 
by the chancery court in suits to try title and to cancel deeds and 
other clouds upon title to real estate, it shall have jurisdiction in 
such cases to decree possession, and to displace possession, to decree 
rents and compensation for improvements and taxes ; and in all cases 
where said court heretofore exercised jurisdiction, auxiliary to courts 
of common law, it may exercise such jurisdiction to grant the relief 
sought although the legal remedy may not have been exhausted or the 
legal title established by a suit at law. 

Sec. 161. And the chancery court shall have jurisdiction, concur- 
rent with the circuit court, of suits on bonds of fiduciaries and public 
officers for failure to account for money or property received or 
wasted or lost by neglect or failure to collect, and of suits involving 
inquiry into matters of mutual accounts; but if the plaintiff brings 
his suit in the circuit court, that court may, on application of the 
defendant, transfer the cause to the chancery court if it appears that 
the accounts to be investigated are mutual and complicated. 

Sec. 162. All causes that may be brought in the chancery court 
w^hereof the circuit court has exclusive jurisdiction shall be trans- 
ferred to the circuit court. 

Sec. 163. The legislature shall provide by law for the due certifica- 
tion of all causes that may be transferred to or from any chancery 
court or circuit court, for such reformation of the pleadings therein 
as may be necessary, and the adjudication of the costs of such transfer. 

Sec. 164. A chancery court shall be held in each county at least 
twice in each year. 

Sec. 165. No judge of any court shall preside on the trial of any 
cause where the parties or either of them shall be connected with 
him by affinity or consanguinity, or where he may be interested in 
the same, except by the consent of the judge and of the parties. 
AVlienever any judge of the supreme court or the judge or chancellor 
of any district, in this State, shall, for any reason, be unable or dis- 
qualified to preside at any term of court, or in any case where the 
attorneys engaged therein shall not agree upon a member of the 
bar to preside in his place, the governor may commission another, or 



Mississippi — 1890 2109 

others, of law knowledge to preside at such term or during such 
disability or disqualification in the ])lace of the judge or judges so 
disqualified. When either party shall desire, the supreme court for 
the trial of any cause shall be composed of three judges. No judg- 
ment or decree shall be affirmed by disagreement of two judges consti- 
tuting a quorum. 

Sec. 166. The judges of the supreme court, of the circuit courts 
and the chancellors shall receive for their services a compensation to 
be fixed by law, which shall not be increased or diminished during 
their continuance in office. 

Sec. 167. All civil officers shall be conservators of the peace, and 
shall be, by law, vested with ample power as such. 

Sec. 168. The clerk of the supreme court shall be elected as other 
State officers for the term of four years, and the clerk of the circuit 
court and the clerk of the chancery court shall be selected in each 
county in the manner provided by law, and shall hold office for the 
term of four years, and the legislature shall provide by law what 
duties shall be performed during vacation by the clerks of the circuit 
and chancery courts, subject to the approval of the court. 

Sec. 169. The style of all process shall be " The State of Missis- 
sippi,*' and all prosecutions shall be carried on in the name and by 
authority of the " State of Mississippi," and all indictments shall 
conclude *'■ against the peace and dignity of the State." 

Sec. 170. Each county shall be divided into five districts. A resi- 
dent freeholder of each district shall be selected, in the manner pre- 
scribed by law, and the five so chosen shall constitute the board of 
supervisors of the county, a majority of whom may transact business. 
The board of supervisors shall have full jurisdiction over roads, 
ferries and bridges, to be exercised in accordance with such regula- 
tions as the legislature may prescribe, and perform such other duties 
as may be required by law. The clerk of the chancery court of each 
county shall be clerk of the board of supervisors. 

Sec. 171. A competent number of justices of the peace and con- 
stables shall be chosen in each county in the manner provided by 
law, for each district, Avho shall hold their office for the term of 
four years. Xo person shall be eligible to the office of justice of the 
peace who shall not have resided two years in the district next pre- 
ceding his selection. The jurisdiction of justices of the peace shall 
extend to causes in which the principal amount in controversy shall 
not exceed the sum of two hundred dollars; and they shall have juris- 
diction concurrent with the circuit court over all crimes whereof the 
punishment prescribed does not extend beyond a fine and imprison- 
ment in the county jail; but the legislature may confer on the 
justices of the peace exclusive jurisdiction in such petty misdemeanors 
as it shall see proper. In all causes tried by a justice of the peace, 
the right of appeal shall be secured under such rules and regulations 
as shall be prescribed by law, and no justice of the peace shall preside 
at the trial of any cause where he may be interested, or the parties 
or either of them shall be connected with him by affinity or con- 
sanguinity, except by the consent of the justice of the peace and of the 
parties. 

Sec. 172. The legislature shall, from time to time, establish such 
other inferior courts as may be necessary, and abolish the same when- 
ever deemed expedient. 



2110 Mississippi— 1890 

Sec. 173. There shall be an attorney-general elected at the same 
time and in the same manner as the governor is elected, whose term of 
office shall be four 3'ears, and whose comj^ensation shall be fixed by 
law. The qualifications for the attorney-general shall be the same as 
herein prescribed for judges of the circuit and chancery courts. 

Sec. 174. A district attorney for each circuit court district shall be 
selected in the manner provided by law, whose term of office shall be 
four years, whose duties shall be prescribed by law, and whose com- 
pensation shall be a fixed salary. 

Sec. 175. All public officers, for willful neglect of duty, or misde- 
meanor in office, shall be liable to presentment or indictment by a 
grand jury, and upon conviction, shall be removed from office, and 
otherAvise punished as may be prescribed by law. 

Sec. 176. No perso'n shall be a member of the board of supervisors 
who is not a resident freeholder in the district for which he is chosen. 
The value of real estate necessary to be owned to qualify persons in 
the several counties to be members of said board shall be fixed by law. 

Sec. 177. Tlie governor shall have power to fill any vacancy which 
may happen during the recess of the senate, in the office of judge or 
chancellor, by making a temporary appointment of an incumbent, 
which shall expire at the end of the next session of the senate, unless 
a successor shall be sooner appointed, and confirmed by the senate. 
When a temporary appointment of a judge or chancellor has been 
made during the recess of the senate, the governor shall have no 
power to remove the person or appointee, nor power tO" withhold his 
name from the senate for their action. 

Article 7 

corpokation 

Sec. 178. Corporations shall be formed under general laws only. 
The legislature shall have power to alter, amend or repeal any char- 
ter of incorporation now existing, and revocable, and any that may 
hereafter be created, Avhenever in its opinion it may be for the public 
interest to do so; provided, however, that no injustice shall be done to 
the stockholders. No charter for any private corporation for pecu- 
niary gain shall be granted for a longer period than ninety-nine years. 
In assessing for taxation the property and franchises of corporations, 
having charters for a longer period than ninety-nine years, the in- 
creased value of such property and franchises arising from such longer 
duration of their charters shall be considered and assessed; but any 
such corporation shall have the right to surrender the excess over 
ninety-nine years of its charter. 

Sec. 179. The legislature shall never remit the forfeiture of the 
franchise of any corporation now existing, nor alter nor amend the 
charter thereof, nor pass any general nor special law for the benefit 
of such corporation, except upon the condition that such corporation 
shall thereafter hold its charter and franchises subject to the pro- 
visions of this constitution; and the reception by any corporation of 
any provision of any such laws, or the taking of any benefit or advan- 
tage from the same, shall be conclusively held an agreement by such 
corporation to hold thereafter its charter and franchises under the 
provisions hereof. 



Mississippi — 1890 2111 

Sec. 180. All existing charters or grants of corporate franchise 
under which organizations have not in good faith taken place at the 
adoption of this constitution shall be subject to the ])rovisions of this 
article; and all such charters under Avhich organizations shall not take 
place in good faith and business be connnenced within one year from 
the adoption of this constitution, shall thereafter have no validity; 
and every charter or grant of corporate franchise hereafter made 
shall have no validity, unless an organization shall take place there- 
under and business be commenced Avithin two years from the date of 
such charter or grant. 

Sec. 181. The property of all private corporations for pecuniary 
gain shall be taxed in the same way and to the same extent as the 
property of individuals, but the legislature may provide for the taxa- 
tion of banks and banking capital, by taxing the shares according to 
the value thereof, (augmented by the accumulations, surplus and 
unpaid dividends,) exclusive of real estate, which shall be taxed as 
other real estate. Exemptions from taxation to which corporations 
are legall}^ entitled at the adoption of this constitution, shall remain 
in full force and effect for the time of such exemptions as expressed in 
their respective charters, or by general laws, unless sooner repealed 
by the legislature. And domestic insurance companies shall not be 
required to ])ay a greater tax in the aggregate than is required to be 
paid by foreign insurance companies doing business in this State, 
except to the extent of the excess of their ad ralorem tax over the 
privilege tax imposed upon such foreign companies: and the legis- 
lature may impose privilege taxes on building and loan associations 
in lieu of all other taxes except on their real estate. 

Sec. 182. The power to tax cor]:)oralions and their property shall 
never be surrendered or abridged by any contract or grant to which 
the State or any political subdivision thereof may be a party, except 
that the legislature may grant exemption from taxation in the encour- 
agement of manufactures and other new enterprises of public utility 
extending for a period not exceeding five years, the time of such 
exemptions to connnence from date of charter, if to a corporation; 
and if to an individual enteri)rise, then from the commencement of 
work; l)ut when the legislature grants such exemptions for a period of 
five vears or less, it shall be done by general laws, which shall dis- 
tinctly enumerate the classes of manufactures and other new enter- 
prises of ])ublic utility entitled to such exemptions, and shall prescribe 
the mode and manner in which the right to such exemptions shall be 
determined. 

Sec. 18.'^. No county, city, town or other municipal corjioration 
shall hereafter become a subscriber to the capital stock of any rail- 
road or other corporation or association, or make a])j)ropriation, or 
loan its credit in aid of such corporation or association. All author- 
ity heretofore conferred for any of the purjioses aforesaid by the 
legislature or by the charter of any corporat*ion. is liereby repealed. 
Nothing in this section contained shall aft'ect the right of any such 
corporation, nnmicipality or county to make such subscription where 
the same has been authorized under laws existing at the time of the 
adoption of tliis constitution, and by a vote of t\\e people thereof, 
had ju'ior to its adoption, and where the terms of submission and 
subscri])ti<)n have been or shall be complied witli. or to prevent the 
issue of renewal bonds, or the use of such other means as are or may 



2112 Mississippi— 1890 

be prescribed by law for the payment or liquidation of such subscrip- 
tion, or of any existing indebtedness. 

Sec. 184. All railroads which carry persons or property for hire, 
shall be public highways, and all railroad companies so engaged shall 
be common carriers. Any company organized for that purpose 
under the laws of the State, shall have the right to construct and 
operate a railroad between any points within this State, and to con- 
nect at the State line with roads of other States. Every railroad 
company shall have the right with its road to intersect, connect with, 
or cross any other railroad; and all railroad companies shall receive 
and transport each other's passengers, tonnage and cars, loaded or 
empty, without unnecessary delay or discrimination. 

Sec. 185. The rolling stock, belonging to any railroad company or 
corporation in this State, shall be considered personal property and 
shall be liable to execution and sale as such. 

Sec. 186. The legislature shall pass laws to prevent abuses, unjust 
discrimination and extortion in all charges of express, telephone, 
sleeping car, telegraph and railroad companies, and shall enact laws 
for the supervision of railroads, express, telephone, telegraph, sleep- 
ing car companies and other common carriers in this State, by com- 
mission or otherwise, and shall provide adequate penalties, to the 
extent, if necessary for that purpose, of forfeiture of their franchises. 

Sec. 187. No railroad hereafter constructed in this State, shall pass 
within three miles of any county seat without passing through the 
same, and establishing and maintaining a depot therein, unless pre- 
vented by natural obstacles; provided, such town or citizens shall 
grant the right-of-way through its limits, and sufficient ground for 
ordinary depot purposes. 

Sec. 188. No railroad or other transportation company shall grant 
free passes or tickets, or passes or tickets at a discount, to members 
of the legislature, or any State, district, county or municipal officers, 
except railroad commissioners. The legislature shall enact suitable 
laws for the detection, prevention and punishment of violations of 
this provision. 

Sec. 189. All charters granted to private corporations in this State 
shall be recorded in the chancery clerk's office of the county in which 
the principal office or place of business of such company shall be 
located. 

Sec. 190. The exercise of the right of eminent domain shall never 
be abridged, or so construed as to prevent the legislature from taking 
the property and franchises of incorporated companies, and subject- 
ing them to public use ; and the exercise of the police powers of the 
State shall never be abridged, or so construed as to permit corpora- 
tions to conduct their business in such manner as to infringe upon 
the rights of individuals, or the general well being of the State. 

Sec. 191. The legislature shall provide for the protection of the 
employees of all corporations doing business in this State from inter- 
ference with their social, civil, or political rights by said corporations, 
their agents or employees. 

Sec. 192. Provision shall be made by general laws whereby cities 
and towns may be authorized to aid and encourage the establishment 
of manufactories, gas-works, waterworks, and other enterprises of 
public utility other than railroads, within the limits of said cities 



Mississippi— 1890 2113 

or towns, by exempting all property used for such purposes, from 
municipal taxation for a ijcriod not lonoer than ten years. 

Sec. 11)3. Every employee of an}- railroad corporation shall have 
the same right and remedies for any injury suffered by him from 
the act or omission of said corporation or its employees, as are allowed 
by law to other persons not employees, where the injury results from 
the negligence of a superior agent or officer, or of a person having the 
right to control or direct the services of the party injured, and also 
when the injury results from the negligence of a fellow-servant en- 
gaged in another department of labor from that of the party injured, 
or of a fellow-servant on another train of cars, or one engaged about 
a dift'erent piece of work. Knowledge by any employee injured, of 
the defective or unsafe character or condition of any machinery, 
ways or appliances, shall be no defense to an action for injury caused 
thereby, except as to conductors or engineers in charge of dangerous 
or inisafe cars, or engines voluntarily operated by them. Where 
death ensues from any injury to employees, the legal or personal rep- 
resentatives of the person injured shall have the same right and 
remedies as are allowed by law to such representatives of other per- 
sons. Any contract or agreement, express or imjilied, made by any 
employee to waive the benefit of this section shall be null and void; 
and this section shall not be construed to deprive any employee of a 
cor})oration or his legal or personal representative, of any right or 
remedy that he now has by the law of the land. The legislature may 
extend the remedies herein provided for to any other class of em- 
ployees. 

Sec. 194. The legislature shall provide by law, that in all elections 
for directors or managers of incorporated companies, every stock- 
holder shall have the right to vote in person or by proxy, for the 
number of shares of stock owned by him, for as many persons as 
there are directors or managers to be elected, or to cumulate said 
shares, so as to give one candidate as many votes as the number of 
directors multiplied by the number of his shares of stock shall equal, 
or to distribute them on the same principle among as many candidates 
as he shall see fit; and such directors or managers shall not be elected 
in any other manner: but no jierson who is engaged oi' interested in 
a competing business, either individually or as employee, or stock- 
holder, shall serve on any board of directors of any coi"j)()ration with- 
out the consent of a majority in interest of the stockholders thereof. 

Sec. 10."). Express, telegraph, telephone and sleeping car companies 
are declared common carriers in their respective lines of business and 
subject to liability as such. 

Sec. lOG. No transportation corporation shall issue stocks or Bonds 
except for money, labor done, or in good faith agreed to be done, or 
money or property actually received: and all fictitious increase of 
stock or indebtedness shall be void. 

Sec. 197. The legislature shall not grant to any foreign corjioi-ation 
or association, a license to build, operate or lease any railroad in this 
State; but in all cases whei-e a railroad is to be built or operated, 
and the same shall be partly in this State and partly in another State, 
or in other States, the owners or projectors thereof shall first become 
incorporated under the hiAvs of this State; nor shall any foreign cor- 
poration or association lease or operate any railroad in this State or 
72.^:1 — VOL 'A — 07 1!) 



2114 Mississippi— 1890 

purchase the same, or any interest therein ; consolidation of any rail- 
road lines and corporations in this State AA'ith others shall be allowed 
only Avhore the consolidated company shall become a domestic corpo- 
ration of this State. No general or special law shall ever bo passed 
for the benefit of any foreign corporation operating a railroad under 
an existing license from this State, or under an existing lease; and 
no grant of any right or privilege, and no exemption from any bur- 
den, shall be made to any such foreign corporation except upon the 
condition that the owners or stockholders thereof shall first organize 
a corporation in this State under the laws thereof, and shall there- 
after operate and manage the same, and the business thereof under 
said domestic charter. 

Sec. 198. The legislature shall enact laws to prevent all trusts, 
combinations, contracts and agi'eements inimical to the public welfare. 

Sec 199. The term corporation used in this article shall include 
all associations and all joint stock companies for pecuniary gain, 
having privileges not possessed by individuals or partnerships. 

Sec. 200. The legislature shall enforce the provisions of this article 
by appropriate legislation. 

Article 8 

education 

Sec. 201. It shall be the duty of the legislature to encourage by all 
suitable means, the promotion of intellectual, scientific, moral and 
agricultural improvement, by establishing a uniform system of free 
public schools, by taxation, or otherwise, for all children between the 
ages of five and twenty-one years, and, as soon as practicable, to 
establish schools of higher grade. 

Sec. 202. There shall be a superintendent of public education 
elected at the same time and in the same manner as the governor, who 
shall have the qualifications required of the secretary of state, and 
hold his office for four years and until his successor shall be elected 
and qualified, w-ho shall have the general supervision of the common 
schools, and of the educational interests of the State, and who shall 
perform such other duties and receive such compensation, as shall be 
prescribed by law. 

Sec. 203. There shall be a board of education, consisting of the 
secretary of state, the attorney-general, and the superintendent of 
public education, for the management and investment of the school 
funds, according to law, and for the performance of such other 
■ duties as may be prescribed. The superintendent and one other of 
said board shall constitute a quorum. 

Sec. 204. There shall be a superintendent of public education in 
each county, who shall be appointed by the board of education by and 
with the advice and consent of the senate, whose term of office shall 
be four years, and whose qualifications, compensation and duties, 
^hall be prescribed by law; provided, that the legislature shall have 
power to make the office of county school superintendent of the sev- 
eral counties elective, or may otherwise provide for the discharge of 
the duties of county superintendent, or abolish said office. 

Sec. 205. A public school shall be maintained in each school district 
in the countv at least four months during each scholastic year. A 



Mississippi — 1890 2115 

school district neglecting to maintain its school fonr months, shall 
be entitled to only such part of the free school fund as may be 
required to pay the teacher for the time actually taught. 

Sec. 20G. There shall be a common school fund which shall consist 
of the poll tax (to be retained in the counties where the same is col- 
lected) and an additional sum from the general fund in the State 
treasury which together shall be sufficient to maintain the common 
schools for the term of four months in each scholastic year. But 
any county or separate school district may levy an additional tax to 
maintain its schools for a longer time than the term of four months. 
The common school fund shall be distributed among the several coun- 
ties and separate school districts, in proportion to the number of 
educable children in each, to be determined from data collected 
through the office of the state superintendent of education, in the 
manner to be prescribed l)y law. 

Sec. 207. Separate schools shall be maintained for children of the 
white and colored races. 

Sec. 208. Xo religious or other sect, or sects, shall ever control any 
part of the school or other educational funds of this State ; nor shall 
any funds be appropriated towards the support of any sectarian 
school; or to any school that at the time of receiving such appro- 
priation is not conducted as a free school. 

Sec. 200. It shall be the duty of the legislature to provide by law 
for the support of institutions for the education of the deaf, dumb, 
and blind. 

Sec. 210. Xo piiblic officer of this State, or any district, county, city 
or town thereof, nor any teacher or trustee of any public school, shall 
be interested in the sale, proceeds or profits of any books, apparatus 
or furniture to be used in any public school in this State. Penalties 
shall be provided by law for the violation of this section. 

Sec. 211. The Legislature shall enact such laws as may l)e necessary 
to ascertain the true condition of the title to the KUh sections of land 
in this State, or land granted in lieu thereof, in the Choctaw pur- 
chase, and shall provide that the sixteenth section lands reserved for 
the support of township schools shall not be sold, nor shall they be 
leased for a longer term than ten years for a gross sum; but the 
legislature may ])rovide for the lease of any of said lands for a term 
not exceeding twenty-five years for a ground rental ])ayable annu- 
ally, and, in case of uncleared lands, may lease them for such short 
term as may be deemed proi)er in consideration of the improvement 
thereof, with right thereafter to lease for a term or to hold on pay- 
ment of groinid rent. 

Sec. 212. The rate of interest on the fund known as the Chickasaw 
school fund, and other trust funds for educational purposes, for which 
the State is responsible, shall be fixed and remain as long as said 
funds are held by the State, at six per centum per annum, from and 
after the close of the fiscal year A. I)., 181)1. and the distribution of 
said interest shall be made semi-annually on the lirst of May and 
Xovember of each year. 

Sec. 21-i. The State having received and appropriated the land do- 
nated to it for the support of Agricultural and Mechanical Colleges, 
by the United States, and having, in furtherance of the beneficent 
design of Congress in granting said land, established the Agricul- 
tural and Mechanical College of Mississippi, and the Alcorn Agri- 



2116 Mississippi— 1890 

cultural and Mechanical College, it is the duty of the State to sacredly 
carr}^ out the conditions of the act of Congress, upon the subject, 
approved July 2d, A. D., 1802, and the legislature shall preserve 
intact the endowments to, and support, said colleges. 

Article 9 

MILITIA 

Sec. 214. All able-bodied male citizens of the State between the 
ages of eighteen and forty-five years shall be liable to military duty 
in the militia of this State, in such manner as the legislature may 
provide. 

Sec. 215. The legislature shall provide for the organizing, arming, 
equipping and discipline of the militia, and for paying the same 
when called into active service. 

Sec. 216. All officers of militia, except non-commissioned officers, 
shall be appointed by the governor, by and with the consent of the 
senate, or elected, as the legislature may determine ; and no commis- 
sioned officer shall be removed from office except by the senate on 
suggestion of the governor, stating the ground on which such removal 
is recommended, or by the decision of a court-martial, pursuant to 
law, or at his own request. 

Sec. 217. The governor shall be commander-in-chief of the militia, 
except when it is called into the service of the United States, and 
shall have power to call forth the militia to execute the laws, repel 
invasion, and to suppress riots and insurrections. 

Sec. 218. The governor shall nominate, and, by and with the con- 
sent of the senate, commission one major-general for the State, who 
shall be a citizen thereof, and also one brigadier-general for each 
congressional district, who shall be a resident of the district for 
which he shall be appointed, and each district shall constitute a 
militia division. 

Sec. 219. The adjutant-general, and other statf officers to the com- 
mander-in-chief, shall be appointed by the governor, and their ap- 
pointment shall expire with the governor's term of office, and the 
legislature shall provide by law a salary for the adjutant-general 
commensurate with the duties of said office. 

Sec. 220. The militia shall be exempt from arrest during their at- 
tendance on musters, and in going to and returning from the same, 
except in case of treason, felony or breach of the peace. 

Sec. 221. The legislature is hereby required to make an annual 
appropriation for the efficient support and maintenance of the Missis- 
sippi National Guard, which shall consist of not less than one hun- 
dred men for each senator and representative to which this State 
may be entitled in the Congress of the United States; but no part 
of such funds shall be used in the payment of said guard except when 
in actual service. 

Sec. 222, The legislature shall empower the board of supervisors 
of each county in the State to aid in supporting a military company 
or companies, of the Mississippi National Guard, within its borders, 
under such regulations, limitations and restrictions as may be pre- 
scribed by law. 



Mississippi — 1890 2117 

Akticlk 10 
the pexitentiakv and prisons 

Sec. 223. Xo ponitentiary convict shall ever be leased or liired to 
any person or ])ersons, or corporation, private or public or <iua.si 
|)ublic, or board, after December the olst, A. D. 181)4, save as author- 
ized in the next section, nor shall any previous lease or hiring of con- 
victs extend beyond that date; and the legislature shall abandon the 
system of such leasing or hiring as much sooner than the date men- 
tioned as may be consistent with the economic safety of the State. 

Sec. 224. The legislature may authorize the emplo^-ment under 
State supervision, and the proper officers and emplo3^ees of the State, 
of convicts on public roads or other public Avorks, or by any levee 
board on any public levees, under such provisions and restrictions as 
it UU13' from time to time see proper to impose; but said convicts shall 
not be let or hired to any contractor under said board, nor shall the 
working of convicts on public roads, or public works, by any levee 
board ever interfere with the preparation for or the cultivation of any 
cro]) Avhich it ma}' be intended shall be cultivated by the said con- 
victs, nor interfere with the good numagement of the State farm, nor 
[)ut the State to any expense. 

Sec. 225. The legislature may place the convicts on a State farm 
or farms and have them worked thereon under State supervision ex- 
clusively, in tilling the soil or manufacturing, or both, and may buy 
farms for that purpose. It may establish a reformatory school or 
schools, and provide for keeping of juvenile offenders from association 
with hardened criminals. It may provide for the commutation of the 
sentence of convicts for good behavior, and for the constant separa- 
tion of the sexes, and for the se])aration of the white and black con- 
victs as far as practical)le, and for religious woVsliij:) for the convicts. 

Sec. 220. Convicts sentenced to the county jail shall not be hired 
or leased to any person or corporation outside the county of their 
conviction, after the first day of January, A. D., 1893, nor for a term 
which shall extend beyond that date. 

AjrncLK 11 

LEVEES 

Sec. 227. A levee system shall be maintained in the State as pro- 
vided in this article. 

Sec. 228. The division heretofore made by the legislature of the 
alluvial land of the State into two levee districts, viz: The Yazoo- 
Mississippi Delta Levee District, and the Mississij)pi Levee District, 
as shown by the laws creating the same, and the aiuendments thereto. 
is hereby recognized, and said districts shall so remain until changed 
by law; but the legislature may hereafter add to either of said dis- 
tricts any other alluvial land in the State. 

Sec. 220. There shall be a board of levee connnissioners for the 
Yazoo-lMississij^jn Delta Levee District, which shall consist of two 
members from each of the counties of Coahoma and Tunica, and one 
member from each of the remaining counties or parts of counties, 



2118 Mississippi— 1890 

now or hereafter embraced within the limits of said district, and the 
governor may appoint a stockholder in the Louisville, New Orleans 
& Texas Railway Conipai\\^ as an additional commissioner; and there 
shall also be a board of levee commissioners for the INIississippi Levee 
District, which shall consist of two members from each of the counties 
of Bolivar and Washington, and one from each of the counties of 
Issaquena and Sharkey. In the event of the formation of a new 
county or counties out of the territory embraced in either or both of 
said levee districts such new counties shall each be entitled to repre- 
sentation and membership in the proper board or boards. 

Sec. 230. All of said commissioners shall be qualified electors of the 
respective counties or parts of counties from which they may be 
chosen, except the one selected for the Louisville, New Orleans & 
Texas Railway Company; and the legislature shall provide that they 
shall each give bond for the faithful performance of his duties, and 
shall fix the penalty thereof; but the penalty of such bond in no 
instance shall be fixed at less than $10,000, and the sureties thereon 
shall be freeholders of the district. 

Sec. 231. WHien the terms of the present levee commissioners shall 
expire, or -whenever a vacancy shall occur or be about to occur, in 
either of said boards, the governor shall make appointments to fill 
vacancies, subject to the confirmation of the senate. The terms of 
office of said commissioners shall remain as provided by law at the 
adoption of this constitution, but this provision shall not require the 
appointment of a commissioner for the Louisville, New Orleans & 
Texas Railway Company, except in the discretion of the governor as 
provided. 

Sec. 232. The commissioners of said levee districts shall have super- 
vision of the erection, repair and maintenance of the levees in their 
respective districts. 

Sec. 233. The levee boards shall have and are hereby granted 
authority and full power to appropriate private property in their 
respective districts for the purpose of constructing, maintaining and 
repairing levees therein; and when an}^ owner of land, or any other 
person interested therein, shall object to the location or building of 
the levee thereon, or shall claim compensation for any land that may 
be taken, or for any damages he may sustain in consequence thereof, 
the president or other proper officer or agent of such levee board, or 
owner of such land, or other person interested therein, may forthwith 
applv for an assessment of the damages to which said person claim- 
ing the same may be entitled whereupon the proceedings as now pro- 
vided by law shall be taken, viz: in the Mississippi Levee District, in 
accordance with the terms and provisions of section 3 of an act 
entitled " an act to amend an act to incorporate the Board of Levee 
Commissioners for Bolivar, AVashington and Issaquena counties, and 
for other purposes," approved, November, 27, A. D., 1865, and to 
revise acts amendatory thereof, approved March 13, A. D. 1884; and 
in the Yazoo-Mississippi Delta Levee District, in accordance with the 
terms and provisions of section three of an act entitled " an act to 
incorporate the board of levee commissioners for the Yazoo-Missis- 
sippi Delta, and for other purposes," approved February 28, A. D., 
1884." and the amendments thereto: but the legislature shall have 
full power to alter and amend said several acts, and to provide differ- 
ent manners of jirocedure. 



Mississippi— 1890 2119 

Sec. 234. No bill changing the boundaries of the district or affect- 
ing the taxation or revenue of the Yazoo-Mississippi Delta Levee 
District, or the Mississippi Levee District, shall be considered by the 
legislature unless said bill shall have been published in some news- 
pajDer in the county in which is situated the domicile of the board of 
levee commissioners of the levee district to be affected thereb3% for 
four weeks prior to the introduction thereof into the legislature ; and 
no such bill shall be considered for final passage by either the senate 
or house of representatives, unless the same shall have been referred 
to, and reported on, b}^ an appropriate committee of each house in 
which the same may be pending; and no such committee shall con- 
sider or report on any such bill unless publication thereof shall have 
been made as aforesaid. 

Sec. 235. Each levee board shall make at the end of each fiscal year, 
to the governor of this State, a report showing the condition of the 
levees, and recommending such additional legislation on the subject 
of the sA'stem as shall be thought necessary, and showing the receipts 
and expenditures of the board, so that each item, the amount and 
consideration therefor, shall distinctly appear, together with such 
other matters as it shall be thought proper to call to the attention of 
the legislature. 

Sec. 23G. The legislature shall impose for levee purposes, in addi- 
tion to the levee taxes heretofore levied or authorized by law, a uni- 
form tax of not less than two nor more than five cents an acre, per 
annum, upon every acre of land now. or hereafter, embraced within 
the limits of either, or both, of said levee districts. The taxes so 
derived shall be paid into the treasury of the levee board of the dis- 
trict in which the land charged with the same is situated ; and the 
legislature, by the act imposing said tax. shall authorize said levee 
boards to fix the annual rate of taxation per acre within the limits 
aforesaid, and thereby require said levee boards, whenever a reduc- 
tion is made by them in their other taxes, to make a proportionate 
reduction in the acreage tax hereinbefore mentioned: but said acre- 
age tax shall not be reduced below two cents an acre per aiuium; and 
all reductions in such taxation shall be uniform in each said districts; 
but the rate of taxation need not be the same in both of them : and 
such specific taxes shall be assessed on the same assessment roll, and 
collected under the same penalties as the ad valore/n taxes for levee 
purposes, and shall be paid at the same time with the latter. And 
no levee board shall ever be permitted to buy lands when sold for 
taxes; but the senate shall have a prior lien for the taxes due thereto. 
The legislature ma}' provide for the discontinuance of the tax on cot- 
ton, but not in such manner as to affect outstanding bonds based on 
it, and on the discontinuance of the tax on cotton, shall impose 
another tax in lieu thereof, but the legislature may repeal the acreage 
tax required to be levied hereby, after the first dav of January, A. D., 
1895. 

Sec. 237. The legislature shall have full power to provide such 
system of taxation for said levee districts as it shall from time to 
time deem wise and proper. 

Sec. 238. No property situated between the levee and the Missis- 
sippi river shall be taxed for levee purposes, nor shall damage be 
paid to any owner of land so situated because of it being left outside 
a levee. 



2120 Mississippi— 1890 

Sec. 239. The legislature shall require the levee boards to publish 
at each of their sessions, an itemized account embracing their respec- 
tive receipts since the prior session, and such appropriations as have 
been made or ordered by them respectively, in some newspaper or 
newspapers of the district. 

Article 12 

franchise 

Sec. 240. All elections by the people shall be by ballot. 

Sec. 241. Every male inhabitant of this State, except idiots, insane 
persons and Indians not taxed, who is a citizen of the United States, 
twenty-one years old and upwards, who has resided in this State 
two years, and one year in the election district, or in the incorporated 
city or town, in which he offers to vote, and who is duly registered 
as provided in this article, and who has never been convicted of 
briber}^, burglary, theft, arson, obtaining money or goods under false 
pretenses, perjury, forgery, imbezzlement or bigamy, and who has 
paid, on or before the first day of February of the year in which he 
shall offer to vote, all taxes which may have been legally required of 
him, and wdiich he has had an opportunity of paying according to 
law, for the two preceding j^ears, and who shall produce to the officers 
holding the election satisfactorj^ evidence that he has paid said taxes, 
is declared to be a qualified elector; but an}?^ minister of the gospel 
in charge of an organized church shall be entitled to vote after six 
months residence in the election district, if otherwise qualified. 

Sec. 242. The legislature shall provide by law for the registration 
of all persons entitled to vote at any election, and all persons offering 

to register shall take the following oath or affirmation : " I , 

do solemnly swear (or affirm) that I am twenty-one jenrs old, (or I 
will be before the next election in this count}?^) and that I will 

have resided in this State two years, and election district of 

county one year next preceding the ensuing election [or if it 

be stated in the oath that the person proposing to register is a min- 
ister of the gospel in charge of an organized church, then it will 
be sufficient to aver therein, two years residence in the State and six 
months in said election district], and am now in good faith a resi- 
dent of the same, and that I am not disqualified from voting by 
reason of having been convicted of any crime named in the consti- 
tution of this State as a disqualification to be an elector; that I will 
truly answer all questions propounded to me concerning my ante- 
cedents so far as they relate to my right to vote, and also as to my 
residence before my citizenship in this district ; that I will faithfully 
support the constitution of the United States and of the State of 
Mississippi, and will bear true faith and allegiance to the same. So 
help me God." In registering voters in cities and towns, not wholly 
in one election district, the name of such city or town may be sub- 
stituted in the oath for the election district. Am'^ willful and cor- 
rupt false statement in said affidavit, or in answer to any material 
question propounded as herein authorized, shall be perjury. 

Sec. 243. A uniform poll tax of two dollars, to be used in aid of 
the common schools, and for no other purpose, is hereby imposed 
on every male inhabitant of this State between the ages of twenty-one 



Mississippi— 1890 . 2121 

and sixty years, except persons avIio are deaf and dumb or blind, or 
who are maimed by loss of hand or foot ; said tax to l)e a lien only upon 
taxable property. The board of supervisors of any county may, for 
the purpose of aiding the connnon schools in that county, increase 
the i^oU tax in said county, but in no case shall the entire poll tax 
exceed in any one year three dollars on each poll. No criminal 
proceedings shall be allowed to enforce the collection of the poll 
tax. 

Sec. 244. On and after the first day of January, A. I)., 1892, every 
elector shall, in addition to the foregoing qualifications, be able to 
read any section of the constitution of this State; or he shall be 
able to understand the same when read to him, or give a reasonable 
interpretation thereof. A new registration shall be made before the 
next ensuing election after January the first, A. I)., 1892. 

Sec. 245. Electors in municipal elections shall possess all the quali- 
fications herein prescribed, and such additional (qualifications as may 
be provided bv law. 

Sec. 24G. Prior to the first day of January. A. D., 189G, the elec- 
tions by the people in this State shall be regulated by an ordinance 
of this convention. 

Sec. 247. The legislature shall enact laws to secure fairness in party 
primary elections, conventions or other methods of naming party 
candidates. 

Sec. 248. Suitable remedies by appeal or otherwise shall be pro- 
vided by law, to correct illegal or improper registration and to secure 
the elective franchise to those who may be illegally or improperly 
denied the same. 

Sec. 249. No one shall be allowed to A^ote for members of the legis- 
lature or other officers who has not been duly registered under the 
constitution and laws of this State, by an officer of this State, legally 
authorized to register the voters thereof. And registration uiuler the 
constitution and laws of this State by the proper officers of this State 
is hereby declared to be an essential and necessary qualification to 
vote at any and all elections. 

Sec. 2.50. All qualified electors and no others shall be eligible to 
office as otherwise provided in this constitution. 

Sec. 251. Electors shall not be registered within four months next 
before any election at Avhicli they may offer to vote ; but appeals may 
be heard and determined and revision take place at any time prior to 
the election ; and no person who, in respect to age and residence, 
would become entitled to vote, within the said four months, shall be 
excluded from registration on account of his want of (lualilication at 
the time of registration. 

Sec. 252. The t(>i-m of office of all elective officers under this consti- 
tution shall be four years, except as otherwise i)rovided herein. A 
general election for all elective officers shall be held on the Tuesday 
next after the first Monday of November, A. D., 1895, and every four 
(4) 3^ears thereafter; provided, the legislature may change the day 
and date of general elections to any day and date in October, Novem- 
ber or December. 

Sec. 253. The legislature may by a two-thirds vote of both houses, 
of all members elected, restore the right of sulfrage to any ])erson dis- 
qualified by reason of crime; but the reasons therefor shall be spread 
upon the journals, and the vote shall be by yeas and nays. 



2122 ^ Mississippi— 1890 

Article 13 
apportionment 

Sec. 254. The number of representatives in the lower house of the 
legislature shall be one hundred and thirty-three, to be apportioned 
as follows : 

First— The counties of Choctaw, Covington, Greene, Hancock, 
Issaquena, Jones, Lawrence, Leflore, Marion, Neshoba, Pearl River, 
Perry, Quitman, Scott, Sharkey, Simpson, Smith, Sunflower, Talla- 
hatchie, Tishomingo, Tunica, Wayne and Webster, each shall have 
one representative. 

Second — The counties of Alcorn, Amite, Attala, Bolivar, Cal- 
houn, Carroll, Chickasaw, Clay, Coahoma, DeSoto, Kemper, Lafay- 
ette, Madison, Newton, Pike, Pontotoc, Prentiss, Rankin, Tate, 
Union, Wilkinson and Yalobusha, each shall have two representatives. 

Third — The counties of Copiah, Holmes, Marshall, Monroe, Noxu- 
bee, Panola, Warren and Washington, each shall have three rep- 
resentatives. 

Fourth — The counties of Franklin and Lincoln each shall have one 
representative and a floater between them. 

Fifth — The counties of Tippah and Benton each shall have one 
representative and a floater between them. 

Sixth — The counties of Claiborne and Jefferson each shall have one 
representative and a floater between them. 

Seventh — The counties of Clarke and Jasper each shall have one 
representative and a floater between them. 

Eighth — The counties of Grenada and Montgomery, each shall 
have one representative and a floater between them. 

Ninth — The counties of Leake and Winston, each shall have one 
representative and a floater between them. 

Tenth — The counties of Harrison and Jackson, each shall have one 
representative and a floater between them. 

Eleventh — The county of Yazoo shall have three representatives 
and the county of Hinds shall have three representatives, and they 
shall have a floater between them. 

Twelfth — The county of Lauderdale shall have three representa- 
tives, one to be elected by the city of Meridian, one by the county 
outside the city limits, and one by the whole county including 
Meridian. 

Thirteenth — The county of Adams outside of the city of Natchez 
shall have one representative and the city of Natchez one representa- 
tive. 

Fourteenth — The county of Lowndes shall have three representa- 
tives, two of whom shall be elected by that j^art of the county east 
of the Tombigbee river, and one by that portion of the county west 
of said river. 

Fifteenth — The county of Oktibbeha shall have two representa- 
tives, one of whom shall be elected by that portion of the county east 
of the line running north and south between ranges thirteen and four- 
teen, and the other by that portion of the county west of said line. 

Sixteenth — The county of Lee shall have two representatives, the 
county of Itawamba one, and a floater between them. 



Mississippi— 1890 2 1 23 

Seventeenth — In counties divided into legislative districts, any 
citizen of the county elioil>le for election to the House of Representa- 
tives shall be eligible to represent any district thereof. 

THE SENATE 

Sec. 255. The number of senators shall be forty-five and are appor- 
tioned as follows : 

First — The counties of Hancock. Harrison and Jackson shall con- 
stitute the first district, and elect one senator. 

Second — The counties of AVayne, Jones, Perry and Greene the 
second district, and elect one senator. 

Third — The counties of Jasper and Clarke the third district, and 
elect one senator. 

Fourth — The counties of Simpson, Covington. ^Marion and Pearl 
River, the fourth district, and elect one senator. 

Fifth — The counties of Rankin and Smith the fifth district and 
elect one senator. 

Sixth — The counties of Pike and Franklin the sixth district, and 
elect one senator. 

Seventh — The counties of Amite and Wilkinson the seventh dis- 
trict, and elect one senator. 

Eighth — The counties of Lincoln and Lawrence the eighth district, 
and elect one senator. 

Ninth — The county of Adams the ninth district, and elect one 
senator. 

Tenth — The counties of Claiborne and Jefferson the tenth district, 
and elect one senator. 

Eleventh — The county of Copiah the eleventh district, and elect 
one senator. 

Twelfth — The counties of Hinds and Warren the twelfth district, 
and elect one senator each and a senator between them, to be chosen 
from the counties alternately, beginning with Hinds. 

Thirteenth — The counties of Scott and Newton the thirteenth dis- 
trict, and elect one senator. 

Fourteenth — The county of Lauderdale, the fourteenth district, 
and elect one senator. 

Fifteenth — The counties of Kemper and Winston the fifteenth dis- 
trict, and elect one senator. 

Sixteenth — The county of Noxubee the sixteenth district, and elect 
one senator. 

Seventeenth — The counties of Leake and Neshoba the seventeenth 
district, and elect one senator. 

Eighteenth — The county of Madison the eighteenth district, and 
elect one senator. 

Nineteenth — The county of Yazoo the nineteenth district, and elect 
one senator. 

Twentieth — The counties of Sharkey and Issaquena the twentieth 
district, and elect one senator. 

Twenty-first — The county of Holmes the twenty-first district, and 
elect one senator. 

Twenty-second — The county of Attala the twenty-second district 
and elect one senator. 



2124 Mississippi— 1890 

Twenty-third — The counties of Oktibbeha and Choctaw the twenty- 
third district, and elect one senator. 

Twenty-fourth — The counties of Chiy and Webster the twenty- 
fourth district, and elect one senator. 

Twenty-fifth — The county of Lowndes the twenty-fifth district, 
and elect one senator. 

Twenty-sixth — The counties of Carroll and ^lontgomery the 
twenty-sixth district, and elect one senator. 

Twenty-seventh — The counties of Leflore and Tallahatchie the 
twenty-seventh district, and elect one senator. 

Twenty-eiohth — The counties of Yalobusha and Grenada the 
twenty-eighth district, and elect one senator. 

Twenty-ninth — The counties of Washington and Sunflower the 
twenty-ninth district ; the county of Washington shall elect one sena- 
tor, and the counties of Washington and Sunflower a senator between 
them. 

Thirtieth — The county of Bolivar the thirtieth district, and elect 
one senator. 

Thirty-first — The counties of Chickasaw, Calhoun and Pontotoc 
the thirty-first district, and elect two senators ; both senators shall at 
no time be chosen from the same count3\ 

Thirty-second — -The county of Lafayette the thirty-second district, 
and elect one senator. 

Thirty-third — the county of Panola the thirty-third district, and 
elect one senator. 

Thirty-fourth — The counties of Coahoma, Tunica and Quitman the 
thirt^^-fourth district, and elect one senator. 

Thirty-fifth — The county of DeSoto the thirty-fifth district, and 
elect one senator. 

Thirty-sixth — ^The counties of Union, Tippah, Benton, Marshall 
and Tate the thirty-sixth district, and elect three senators. The coun- 
ties of Tate and Benton shall be entitled to one ; the counties of L'nion 
and Tippah one ; and the county of ^Larshall one. 

Thirty-seventh — The counties of Tishomingo, Alcorn and Prentiss 
the thirty-seventh district, and elect one senator. 

Thirty-eighth — The counties of Monroe, Lee and Itawamba the 
thirty-eightli district, and elect two senators, one of whom shall be a 
resident of the county of Monroe and the other a resident of Lee or 
Itawamba counties. 

Sec. 256. The Legislature may at the first session after the State 
census of 1895 and decennially thereafter, make a new apportion- 
ment of Senators and Representatives. At each apportionment, each 
county then organized shall have at least one Representative. New 
counties afterwards created shall be represented as may be provided 
by law, until the next succeeding apportionment. The counties of 
Tishomingo, Alcorn, Prentiss, Lee. Itawamba, Tippah, L^nion. Ben- 
ton, Marshall, Lafayette. Pontotoc, Monroe, Chickasaw, Calhoun, 
Yalobusha, Grenada. Carroll, Montgomery, Choctaw, Webster, Clay. 
Lowndes and Oktibbeha, or the territory now composing them, 
shall together never have less than forty-four representatives. The 
counties of Attala, Winston, Xoxubee, Kemper, Leake, Neshoba, Lau- 
derdale, Newton, Scott, Rankin, Clarke, Jasper, Smith, Simpson, 
Copiah, Franklin, Lincoln, Lawrence, Covington, Jones, AVayne. 



Mississippi — 1890 2125 

Greene, Perry, Marion, Pike, Pearl River, Hancock, Harrison and 
Jackson, or the territor}' now composing them, shall together never 
have less than forty-four representatives; nor shall the remaining 
counties of the State, or the territory now composing them, ever 
have less than forty-four representatives. A reduction in the number 
of senators and representatives may be made by the legislature if the 
same be uniform in each of the three said divisions; but the number 
of representatives shall not be less than one hundred, nor more than 
one hundred and thirty-three; nor the number of senators less than 
thirty, nor more than forty-five. 

Article 14 
general provisions 

Sec. 257. The political year of the State of Mississippi shall com- 
mence on the first Monday of January in each year. 

Sec. 258. The credit of the State shall not be pledged or loaned in 
aid of any person, association or corporation; and the State shall not 
become a stockholder in any corpoi-ation or association, nor assume, 
redeem, secure or pay any indebtedness or pretended indebtedness 
alleged to be due by the State of Mississippi, to any person, associa- 
tion or corporation whatsoever, claiming the same as owners, holders 
or assignees of any bond or bonds, now generally known as " Union 
Bank '■ bonds and "' Planters' Bank " bonds. 

Sec. 250. No county seat shall be removed unless such removal be 
authorized by two-thirds of the electors of the county voting there- 
for; but when the ])roposed removal shall be towards the center of 
the county, it may be made when a majority of the electors partici- 
pating in the election shall vote therefor. 

Sec. 200. No new county shall be formed unless a majority of the 
qualified electors voting in each part of the county or counties pro- 
posed to be dismembered and embraced in the new county, shall 
separately vote therefor; nor shall the boundary of any judicial dis- 
trict in a county he changed unless at an election held for that pur- 
pose, two-thirds of those voting assent thereto. The elections pro- 
vided for in this and the section next preceding shall not be held in 
any county oftener than once in four years. Xo new county shall 
contain less than four hundred square miles; nor shall any existing 
county be reduced below that size. 

Sec. 201. The expenses of criminal prosecutions, except those before 
justices of the peace, shall be borne by the county in which such prose- 
cutions shall be begun ; and all net fines and forfeitures shall be paid 
into the treasury of such county. Defendants in cases of conviction 
may be taxed with tlie costs. 

Sec. 202. The })oard of supervisors shall have ]V)wer to ])r()vid(' 
homes or farms as asylums for those persons, who, by reason of age. 
infirmity, or misfortune, may have claims upon the sympathy and aid 
of society; and the legislature shall enact suitable laws to prevent 
abuses by those having the care of such i-jcrsons. 

Sec. 203, The mari-inge of a white person with a negro or mulatto, 
or person who shall have one-eighth or more of negro blood, shall be 
mdawful and void. 



2126 Mississippi— 1890 

Sec. 264. No person shall be a grand or petit juror unless a qnal- 
ified elector and able to read and write; but the want of any such 
qualification in any juror shall not vitiate any indictment or verdict. 
The legislature shall provide by law for procuring a list of persons 
so qualified, and the drawing therefrom of grand and petit jurors for 
each term of the circuit court. 

Sec. 205. No person who denies the existence of a Supreme Being 
shall hold any office in this State. 

Sec. 266. No person holding or exercising the rights or powers of 
any office of honor or profit, either in his own right, or as a deputj?^, 
or while otherwise acting for or in the name, or by the authority of 
another, under any foreign government, or under the government of 
the United States, shall hold or exercise in any way the rights and 
powers of any office of honor or j^rofit under the laws or authority of 
this State, except notaries, commissioners of deeds, and United States 
commissioners. 

Sec. 267. No person elected or appointed to any office or employ- 
ment of profit under the laws of this State, or by virtue of any ordi- 
nance of any municipality of this State, shall hold such office or 
employment without personally devoting his time to the performance 
of the duties thereof. 

Sec. 268. All officers elected or appointed to any office in this State, 
except judges and members of the legislature, shall, before entering 
upon the discharge of the duties thereof, take and subscribe the fol- 
lowing oath : 

" I , do solemnly swear (or affirm) that I will faith- 
fully support the constitution of the United States, and the constitu- 
tion of the State of Missisippi, and obey the laws thereof; that I am 

not disqualified from holding the office of ; that I will 

faithfully discharge the duties of the office upon which I am about 
to enter. So help me God." 

Sec. 269. Every devise or bequest of lands, tenements or heredita- 
ments, or any interest therein, of freehold, or less than freehold, 
either present or future, vested or contingent, or of any money 
directed to be raised by the sale thereof, contained in any last Avill 
and testament, or codicil, or other testamentary writing, in favor of 
any religious or ecclesiastical corporation, sole or aggregate, or anj'^ 
religious or ecclesiastical society, or to any religious denomination, or 
association of persons, or to any person or bodj^ politic, in trust, 
either expressed or implied, secret or resulting, either for the use 
and benefit of such religious corporation, society, denomination or 
association, or for the purpose of being given or appropriated to 
charitable uses or purposes, shall be null and void, and the heir-at- 
law shall take the same property so devised or bequeathed, as though 
no testamentary disposition had been made. 

Sec. 270. Every legacy, gift or bequest, of money or personal 
property, or of any interest benefit or use therein, either direct, 
implied or otherwise, contained in any last will and testament or 
codocil, in favor of any religious or ecclesiastical corporation, sole or 
aggregate, or any religious or ecclesiastical society, or to any religious 
denomination or association, either for its own use or benefit, or for 
the purpose of being given or appropriated to charitable uses, shall 
be null and void, and "the distributees shall take the same^as though 
no such testamentary disposition had been made. 



Mississippi — 1890 2127 

Sec. 271. The legislature may provide for the consolidation of 
existing counties, if a majority of the qualified electors of such 
counties voting at an election held for that purpose, shall vote 
therefor. 

Sec. 272, The legislature shall provide by law, pensions for indi- 
gent soldiers and sailors who enlisted and honorably served in the 
Confederate army or navy in the late civil Avar, who are now resident 
in this State, and are not able to earn a sui:)port by their own labor. 
Pensions shall also be allowed to the indigent widows of such soldiers 
or sailors now dead, when from age or disease, they cannot earn a sup- 
port. Pensions shall also be allowed to tiie wives of such soldiers or 
sailors upon the death of the husband, if disabled and indigent as 
aforesaid. Pensions granted to widows shall cease upon their sub- 
sequent marriage. 

Article 15 
amendments to the constitution 

Sec. 273, "Whenever two-thirds of each house of the legislature 
shall deem any change, alteration, or amendment necessary to this 
constitution, such proposed change, alteration or amendment shall 
be read and passed by a two-third's vote of each house respectively, 
on each day, for three several days; public notice shall then be given 
by the secretary of state, at least three months preceding an election, 
at which the qualified electors shall vote directly for or against such 
change, alteration or amendment; and if more than one amendment 
shall be submitted at one time, they shall be submitted in such manner 
and form that the people may vote for or against each amendment 
separately; and if it shall appear that a majority of the qualified 
electors voting, shall have voted for the proposed change, alteration 
or amendment, then it shall be inserted by the next succeeding legis- 
lature as a part of this constitution, and not otherwise. 

Schedule 

That no inconvenience may arise from the changes in the Constitu- 
tion of this State, and in order to carry the new Constitution into 
complete operation, it is hereby declared that — 

Sec. 274. The laws of this State now in force, not repugnant to this 
constitution, shall remain in force until amended or repealed by the 
legislature or until they expire by limitation. All statute laws of 
this Stat(> re|)ugnant to the provisions of this constitution, except as 
piovided in the next three sections, shall continue and remain in force 
until the first day of Api'il, A. I)., 18!)2, unless sooner repealed by the 
legislature. 

Sec. 275, All laws of this State which are re})ugnant to tlu" follow- 
ing })()itions of this constitution, shall be repealed by the adoption of 
this constitution, to-wit : laws repugnant to: 

{('.) All the ordinances of this convention. 

(h) The provisions of section 183, prohibiting counties, cities and 
towns from voting subscri])tions to railroad and other corporations 
or associations. 

{(') 'I'he provisions of sections )1'2'.\ to 2ii('). inclusive, of Article 10, 
prohibiting the leasing of penitent isu-y convicts. 



2128 Mississippi— 1890 

Sec. 276. All laws of the State which are repugnant to the provi- 
sions of sections 240 to 253, inclusive, of Article 12, on the subject of 
franchise and elections, shall be and remain in force until the first 
day of January, A. D., 1891, and no longer. 

Sec. 277. All laws of this State which are repugnant to the provi- 
sions of Article 13, sections 254 to 25G, inclusive, on the subject of the 
apportionment of representatives and senators in the legislature, shall 
be and remain in force until the first day of October, A. D., 1891, but 
no longer. 

Sec. 278. The governor shall as soon as practicable, appoint three 
suitable persons learned in the law, as commissioners whose duty it 
shall be to prepare and draft such general laws as are contemplated 
in this constitution and such other laws as shall be necessary and 
proper to put into operation the provisions thereof, and as may be 
appropriate to conform the general statutes of the State to the con- 
stitution. Said commissioners shall present the same when prepared 
to the legislature at its next regular session. And the legislature 
shall provide reasonable compensation therefor. 

Sec. 279. All writs, actions, causes of action, proceedings, prosecu- 
tions and rights of individuals and bodies corporate and of the State, 
and charters of incorporation, shall continue; and all indictments 
which shall have been found or which shall hereafter be found, and 
all prosecutions begun, or that may be begun, for any crime or oft'ense 
committed before the adoption of this constitution may be proceeded 
with and upon as if no change had taken place. 

Sec. 280. For the trial and determination of all suits, civil and 
criminal, begun before the adoption of this constitution, the several 
courts of this State shall continue to exercise in said suits the powers 
and jurisdictions heretofore exercised by them ; for all other matters 
said courts are continued as organized courts under this constitution, 
with such powers and jurisdiction as is herein conferred on them 
respectively. ' 

Sec. 281. All fines, penalties, forfeitures and escheats accruing to 
the State of Mississippi under the constitution and laws heretofore in 
force shall accrue to the use of the State of Mississippi under this 
constitution, except as herein otherwise provided. 

Sec. 282. All recognizances, bonds, obligations, and all other instrvi- 
ments entered into, or executed, before the adoption of this constitu- 
tion, to the State of Mississippi, or to any State, county, public or 
municipal officer or body, shall remain binding and valid, and the 
rights and liabilities upon the same shall be continued and may be 
prosecuted as provided by law. 

Sec. 283. All crimes and misdemeanors, and penal actions shall be 
tried, prosecuted and punished as though no change had taken place, 
until otherwise provided by law. 

Sec. 284. All officers. State, district, county and municipal, now in 
office in this State, shall be entitled to hold the respective offices now 
held by them, except as otherwise herein provided, and mitil the 
expiration of the time for which they were respectively elected or 
appointed ; and shall receive the compensation and fees now fixed by 
the statute laAvs in force when this constitution is adopted. 

Sec. 285. The adoption of this constitution shall not have the effect, 
nor shall it be construed, to revive or put in force any law heretofore 
abrogated or repealed. 



Mississippi— 1890 2129 



This Constitution, adopted by the people of Mississippi in conven- 
tion assembled, shall be in force and effect from and after this, the 
first day of November, A. D., 1890. 

S. S. Calhoox, 
President and Delegate from Hinds county. 
Attest .' 

E. E. Wilson, 

Secretary. 
E, L. IMartin, 

AssH Sec''y and Recording Clerk. 
H. Denio, 

AssH Sec^y and Journal Clerk. 
W. H. Madden, 

AssH ^ec'^y^ and Engrossing and Enrolling Clerk. 



ORDINANCES 

Election Ordinances 

Be it ordained hy the feofle of Mississippi in Convention assem- 
bled — 

Section 1. All ballots in all elections held in this State shall be 
printed and distributed at public expense, as hereinafter provided, 
and.shall be known as " official ballots." The expense of printing all 
such ballots shall be paid out of the respective county treasuries, 
except that in municipal elections such expenses shall be paid by the 
respective cities or towns. 

Sec. 2. The ballots printed for use under this ordinance shall con- 
tain the names of all the candidates who have been put in nomination 
not less than fifteen days previous to the day of election, by any con- 
vention, or other nominating body, or at a primary election of any 
political party in this State. It shall be the duty of one of the com- 
missioners of election, designated for that purpose in his commission 
by the authority appointing said commissioner, to have printed all 
necessary ballots for use in said elections, except ballots in nuuiicipal 
elections, which shall be ])riuted as herein provided by the authoritie-^ 
of the respective municipalities; and said officer shall cause to be 
printed by a printer, sworn to keep secret said ballots under penalties 
to be prescribed by law, the names of all candidates so nominated, 
upon the written request of any one or more of the candidates so 
nominated, or of any qualified elector who will affirm that he was a 
member of such convention or other nominating body, or ])articipant 
in such jirimarv election, and that the name presented by him was the 
nominee of said convention or nominating body, or primary election. 
Said commissioner shall also cause to be printed on said ballots the 
name of any qualified elector who has been recjuested to be a candi- 
date for any office by a written petition signed by at least fifteen 
qualified electors, for any beat office or municipal office in any town 
of less than two hundred inhabitants, or fifty qualified electors for 
any other office, and when said petition or request has been presented 
to said commissioner not less than fifteen days before the election; 
but if any qualified elector has been nominated as aforesaid or has 
been requested to h-? a candidate as above specified less than fifteen 
7253— VOL 3—07 20 



2130 Mississippi— 1890 

days before any election, then the name of such candidates shall not 
be printed upon said ballots. There shall be on said ballots one blank 
space under the title of each office to be voted for and in the event 
of the death of any candidate whose name shall have been printed, 
on the official ballot, the name of the candidate duly substituted in 
place of such deceased candidate may be written in such blank space 
by the voter. 

Sec. 3. After the proper officer has been notified of the nomination, 
as hereinbefore specified, of any candidate for office, said officer shall 
not omit the name from the ballot unless upon the Avritten request of 
the candidate so nominated made at least ten days before the election. 

Sec. 4. Every ballot printed by virtue of this ordinance shall con- 
tain the names of all candidates nominated as hereinbefore specified 
and not duly withdrawn. The arrangement of the names of all of 
the candidates and the order in which the titles of the various officers 
to be voted for shall be made, and the size, print and quality of the 
official ballot, is left to the sound judgment of the officer charged with 
printing said ballots; but the arrangement need not be uniform. It 
shall be the duty of the secretary of state, with the approval of the 
governor, to furnish the commissioners of the several counties a sam- 
ple of an official ballot, the general form of which shall be followed 
as nearly as practicable. Whenever tliB question of a constitutional 
amendment or other question or matter, admitting of an affirmative 
or negative vote, is submitted to a vote of the electors, such amend- 
ment, question or matter shall be printed on said official ballot, to- 
gether with the names of the candidates, if any, and also the words 
yea and nay, to be arranged by the proper officer so that the voter can 
intelligently vote his preference by making a cross-mark (x) oppo- 
site the word indicating his preference; immediately following the 
title of each office shall be printed the words " Vote for one," or 
" Vote for two," or more according to the number to be elected. On 
the back, and outside of the ballot shall be printed "■ official ballot," 
the name of the voting precinct or place for which said ballot is pre- 
pared and the date of the election. 

Sec. 5. All official ballots intended for use at any voting precinct 
or place of voting shall be fastened together in convenient numbers 
ancl in some secure manner, but in such way that such ballots maj^ be 
detached for use. A record of the number of official ballots printed 
and furnished to each voting precinct or place of voting, shall be 
kept and all such ballots accounted for by the officer or officers in each 
county charged with the printing of ballots. 

Sec. 6. The officers charged with distributing or printing and dis- 
tributing the official ballots, shall ascertain from the circuit clerk or 
other proper officer, at least ten days before the day of election, the 
number of registered voters in each election district, and shall also 
prepare full instructions for the guidance of electors at elections as to 
obtaining ballots, as to the manner of marking them, and as to obtain- 
ing new ballots in place of those accidentally spoiled, and such in- 
structions shall be printed in large, clear type, on " cards of instruc- 
tion," and said commissioners shall furnish the same in sufficient 
numbers for the use of electors, and said cards shall be preserved by 
all officers of elections as far as practicable, and returned by them to 
the commissioners of election and may be used, if applicable, in sub- 
sequent elections. 



Mississippi— 1890 2131 

Sec. 7. The said commissioner of election shall appoint one or more 
deputy commissioners, from the respective election districts and de- 
liver to them the proper number of ballots and cards of instruction, 
not less than one day before the election, and the deputy commis- 
sioners so selected to receive said ballots, shall be consei'vators of the 
peace and shall take an oath, to be administered by said commis- 
sioner, faithfully to perform their duties and not to attempt to guide, 
direct or influence any voter in the exercise of his right to vote. 

Sec. 8. In- case the official ballot prepared, shall be lost or de- 
stroyed, or in case of the death of any candidate whose name has been 
])rinted on the official ballot, the said commissioner, or his deputy 
shall have like ballots furnished in place of those lost or destroyed, 
if time remains therefor. If from any cause there should be no 
official ballot at a precinct and no sufficient time in which to have 
them printed, such ballots may be written, but if Avritten by am^ one 
except the voter alone, for himself, the names of all candidates shall 
be written thereon Avithout any special mark or device by which one 
name may be distinguished from another, and such tickets shall be 
marked by the voter as provided for printed ballots. Within three 
days after election day the inspectors shall report in Avriting to the 
commissioners of election, under oath, the loss of the official i^allots, 
the number lost, and all facts connected therewith, which report the 
commissioners ma}^ deliver to the grand jury if deemed advisable. 

Sec. 9. The deputy connnissioners receiving the ballots from said 
commissioner shall distribute the same to the electors of the proper 
districts in the manner herein ])rovided; and in case the said deputj'^ 
conunissioner shall fail to have said ballots at the election precincts 
at the proper time, or, if there, he shall fail to distribute the same, 
the inspectors of election, or those of them present at the election, 
shall provide said ballots and select some suitable person to dis- 
tribute the same according to law, who shall take the oath recjuired 
to be taken by the person to whom the said commissioner delivered 
said ballots, to be administered by any one of said inspectors. 

Sec. 10. The sheriffs of the several counties in this State shall pro- 
cure for their respective counties a sufficient number of voting com- 
partments, shelves and tables foi- the use of electors, which shall be 
so arranged that it shall be impossible for one voter at one table, 
shelf or compartment to see another voter Avho is preparing his ballot. 
The number of such voting shelves, tables or compartments, shall not 
be less than one for every one hundred electors at each voting pre- 
cinct. Each shelf, table and compartment, shall be furnished with a 
card of instruction posted in each comi^artment, and proper supplies 
for marking the ballots b}' electors. 

Sec. 11. The deputy commissioners having the official ballots shall 
remain at a place coiivenient to the tables, shelves and couiparlments, 
for the distribution of ballots. When requested by each of the voters, 
the deputy commissioners aforesaid shall hand hiui an official ballot. 

Sec. 12. On receiving his ballot the voter shall forthwith go into 
one of the voting compartments, and shall prepare his ballot by 
marking with ink in the appropriate margin or place, a cross (x) 
opposite the name of the candidate of his choice, for each office to 
be filled, or by filling in the name of the candidate substituted in the 
blank space as provided therefor, and marking a cross (x) oppo- 
site thereto, and likewise a cross (x) opposite the answer he desires 



2132 Mississippi— 1890 

to give ill case of an election on a constitutional amendment or other 
question or matter. Before leaving the voting shelf, table or com- 
l^artment, the voter shall fold his ballot without displaying the marks 
thereon, but so that the words " official ballot," followed by the desig- 
nation of the election precinct for which the ballot is prei:)ared and 
the date of the election, shall be visible to the officers of the election. 
He shall then cast his ballot in the manner j^rovided by hnv, which 
shall be done without undue delay, and the voter shall then quit the 
said inclosed place as soon as he has voted. No voter shall be 
allow^ed to occupy a voting shelf, table, or compartment already occu- 
pied by another voter, nor longer than ten minutes if other voters are 
not waiting, nor longer than fiA^e minutes in case other voters are 
Avaiting. No person shall be allowed in the room in which said 
ballot boxes or compartments, tables and shelves are, except the offi- 
cers of election and the person distributing the ballots, and those 
appointed by the officers holding the election, to aid them therein. 

Sec. 13. No person shall take or remove any ballot from a polling- 
place before the close of the polls. If any voter spoils a ballot he 
may obtain others, one at a time, not exceeding three in all, ujDon 
returning each spoiled one. 

Sec. li. Any voter who declares to the person or persons having the 
official ballots that b}' reason of blindness or other physical disabil- 
ity he is unable to mark his ballot, shall upon request secure the 
assistance of said person or one of the election inspectors in the mark- 
ing thereof, and such person or officer shall certify on the outside of 
said ballot that it was marked with his assistance and shall not other- 
wise give information in regard to the same. 

Sec. 15. If the voter marks more names than there are persons to be 
elected to an office, or if for any reason it is impossible to determine 
from the ballot the voter's choice for any office voted for, his ballot so 
cast shall not be counted. No ballot not provided in accordance with 
this ordinance shall be dejjositecl or counted. 

Sec. 16. Any voter who shall, except as herein provided, allow his 
ballot to be seen by any person, or who shall make a false statement as 
to his inability to mark his ballot, or who shall place any mark upon 
his ballot by which it may be afterwards identified as the one voted b}' 
him, or any i:)erson who shall interfere or attempt to interfere with 
any voter when inside said inclosed space or when marking his ballot, 
or who shall endeavor to induce an^^ voter before voting to show how 
he marks or has marked his ballot, shall be punished by a fine of not 
less than twenty-five nor more than one hundred dollars, and the elec- 
tion officers shall cause any person so doing to be arrested and carried 
before the j)roper officer or tribunal for commitment and trial for 
such offense. 

Sec. 17. Any commissioner of election, or any other officer or per- 
son acting as such or performing election duty, who shall wilfully or 
knowingly refuse or fail to perform the duties herein required of lijm, 
or who shall violate any provision of this ordinance, shall be guilty of 
a misdemeanor and be subject to a fine of not less than twenty-five 
nor more than one hundred dollars, or to im])risonment in the county 
jail not less than ten nor more than ninety days, or both, at the dis- 
cretion of the court. 

Sec. 18. The legislature shall have power to enact laws on the sub- 
jects of this ordinance, necessary for its efficiency, and not inconsistent 



Mississippi— 1890 2133 

with its triio intent and moaning. After January 1st, 189G, this ordi- 
nance may be rejjealed or amended by the legishiture; but shall not 
be amended so as to conflict with any provisions of this constitution. 
All laws and parts of laws in conflict with any of the provisions of 
this ordinance are hereby annulled, and this ordinance shall take 
effect and be in force from and after the first day of Januarv, A. D., 
1891. 

Sec. 10. The boards of supervisors of the several counties, and the 
municipal authorities of the cities and towns of the State, are author- 
zied to allow i-easonable compensation to officers for services under 
this ordinance. 

Adopted by the Convention November 1, 1890. 

S. S. Calhoon, President. 

Attest : 

R. E. A\"iLSON. Secretary. 

An Ordinaiic*' cxteudinj,' terms of State officers 

Be it ordained !>>/ flic people of Missi.s.sippi tn Convention assem- 
hled— 

Sectiox 1, The terms of the following State officers, to-wit : gov- 
ernor, lieutenant-governor, attorney-general, treasurer, auditor, sec- 
retary of state, superintendent of education and clerk of the supreme 
court, are hereby extended until the first Monday in January, 1896; 
and vacancies in the offices, the terms of which are hereby extended, 
shall be filled by appointment by the governor except as otherwise 
provided in this constitution. 

Sec. 2. The persons whose terms of office are hereby extended shall 
be ineligible to immediately succeed themselves. And all bonded 
officers whose terms are hereb}' extended shall execute new official 
bonds on or before the date at which, but for this extension, their 
present terms of office would have expired; and in case of any failure 
to execute such bond the office shall thereby become vacant. 

Sec. 3. A general election shall be held under this constitution on 
the first Tuesday after the first jNIonday in November, 1891, for three 
railroad conunissioners and for members of the legislature, district 
attorneys, and county and county district officers, whose terms shall 
expire on the first ^Monday in January, A. D., 189(). 

Sec. 4. There shall be a registration of the electors qualified under 
such provisions of this Constitution which are operative prior to the 
election in 1891, and such registration shall be made by the proper 
officers, and in the manner now ])rescribed by law when the same is 
not inconsistent wnth the provisions of the Constitution operative as 
aforesaid, and when re])ugnant, then according to the provisions 
ther(H)f. The Board of Supervisors of the several counties shall pro- 
vide proi)er registration books with the oath required by Section 242 
of this Constitution. 

An Ordinance nialvinj; an appropriation to defray tlie expenses of the Conven- 
tion 

Be it ordained hy the people of Mississippi in Co-nrcntion assem- 
bled— 

Section 1. That tliere is heieby appropriated out of any moneys in 
the treasury not otherwise appropriated, a sum sufficient to defray 



2134 Mississippi— 1890 

the expenses of the convention ; and the auditor of public accounts is 
authorized to issue his warrants upon the treasurer, and the treasurer 
is authorized to pay the same for such sums as the Convention may 
direct and duly certify through its proper officers. 
Adopted by the Convention October 4, 1890. 

S. S. Calhoon, President. 
Attest : 

R. E. Wilson, Secretary. 

All Orrtinaur-e to provide for raisiug money to defray the expenses of the 

Convention 

Be it ordained by the People of Mississippi in C onvention assem- 
hled: 

Section 1. That the State Treasurer be authorized, with the con- 
sent and approval of the Governor, if it shall be deemed necessarj^, 
to negotiate a loan of not exceeding fifty thousand dollars, for a 
period of not more than four months, on such reasonable terms as the 
Governor shall approve, for the purpose of defraying the expenses 
of the Convention and for replacing monej's used for that purpose. 

Sec. 2. That the faith of the State be pledged for the repayment 
of such loan; and the Treasurer is hereby authorized to hypothecate 
the $46,000 of unsold bonds isued in pursuance of the act approved 
March 15, 1884, and to sell the same for the purpose of raising the 
mone}^ to pay such loans, if he and the Governor shall deem the same 
necessary or proper. 

Adopted by the Convention October 8, 1890. 

S. S. Calhoon, President. 

Attest : 

R. E. Wilson, Secretary. 

Penitentiary Ordinance 

Be it ordained hy the people of Mississippi in Convention asseni- 
Ued— 

Section 1. With the view of enabling the legislature at its next 
session to have before it the necessary information upon which to act, 
if it should determine to establish a penitentiary farm, it is made the 
duty of the governor to appoint five commissioners, who shall, prior 
to the next session of the legislature, carefully inspect such bodies of 
land as may be thought suitable for such location; and who shall 
make report to the governor as to the several advantages of the bodies 
of land inspected by them and as to the propriety of establishing 
such farm or some other system, and as to the advantages of each, 
cost, and other proper matters, to be laid by the governor before the 
legislature Avith such recommendation as he may see projjer to make. 

Adopted by the Convention November 1, 1890. 

S. S. Calhoon, President. 

Attest : 

R. E. Wilson, Secretary. 



Mississippi— 1890 2135 

Land Commissioner Ordinance 

Be it ordained hy the feoyle of Mississippi in Convention assem- 
hled — 

Section 1, The legislature at its next regular session shall pro- 
vide for the election of a land commissioner at the general election 
to be held in 1895 whose term of office shall be four years, and whose 
only compensation shall be a salary to be fixed by law. He shall 
have charge of the swamp and overflow^ed lands, the internal im- 
provement lands, the records of the office of surveyor-general turned 
over by the United States to this State, the Chickasaw school lands, 
the sixteenth section and indemnity lands for the sixteenth section 
outside of the Chickasaw cession, the lands forfeited for non-payment 
of taxes after the time allowed for exemption shall have expired, 
and of all other public lands and land records in this State not 
otherwise provided for. The legislature shall enact such other laws 
as shall be necessary to fully carry this ordinance into effect; and 
shall have power to abolish said office when the interests of the State 
demand it, or may add to any of the duties assigned to such officer. 

Adopted by the Convention November 1, 1890. 

S. S. Calhoon, President. 

Attest : 

E,. E. Wilson, Secretary. 

Swamp Laud Ordinance 

Be it ordained hy the people of Mississippi iiv Convention assem- 
bled — 

Whereas, Doubts have arisen as to the title of original purchasers 
of certain swamp and overflowed lands by reason of the entry of 
said lands with the land scrip of counties other than the county in 
which said lands were situated; and 

Whereas, By act of the legislature of the State of Mississippi 
approved February 17, 1890, " all persons now holding swanjp lands 
under such invalid purchase shall have the right to purchase the 
same for a period of two years at the uniform price of 12^ cents per 
acre " upon the terms required by said act ; therefore 

Section 1. Be it ordained that the State of Mississippi hereby 
waives the payment of said sum named in said act, and disclaims 
any interest or title in and to the said lands on account of erroneous 
locations thereof. 

Adopted by the Convention November 1st, 1890. 

S. S. Calhoon, President. 

Attest : 

R. E. Wilson, Secretary. 

Levee Ordinances 

Be it ordained hy the people of Mississippi in Convention assem- 
hled — 

Section 1. For the purpose of raising the money necessary to 
repair, elevate, strengthen and complete the levees along the Missis- 
sippi river, within the Mississippi Levee District. com})osed of the 
counties of Bolivar, AVashington, Issaquena and Sharkey, and a part 



2136 Mississippi— 1890 

of Warren county, the board of Mississippi levee commissioners are 
hereby authorized to issue lithographed or engraved bonds to the 
amount of five hundred thousand dollars, in such form, bearing such 
rate of interest and payable at such time, as it may determine, with 
coupons for interest attadied, and to dispose of the same from time 
to time as ma}^ be necessary ; but such bonds shall not run for a longer 
time than fifty years, nor bear a rate of interest exceeding six per 
centum per annum, payable semi-annually in the city of New York. 
The signatures to the said coupons may be lithographed, but all such 
bonds so issued shall be signed by the president of said board, coun- 
tersigned by its treasurer with the corporate seal of the board 
attached, numbered consecutively, and registered in a book to be kept 
for that purpose. 

Sec. 2. The corporate organization of the board of Mississippi 
levee commissioners, and the tax herein directed to be levied, togetlier 
with the taxes heretofore levied or authorized by the legislature for 
levee purposes, shall be continued to the extent and according to the 
terms of the several laws levying or authorizing said taxes until all 
the bonds issued by virtue of and under the authority contained in 
the preceding section of this ordinance are paid off and discharged ; 
and said taxes are pledged for the payment thereof and of the coupons 
of interest thereto attached, subject however to the provisions of this 
Constitution. 

Adopted by the Convention November 1, 1890. 

S. S. Calhoon, President. 

Attest : 

R. E. Wilson, Secretary. 

An Ordinance to provide for representation of Pearl River county in the legisla- 
ture in the event of a called session thereof 

Be it ordained hy the people of Mississippi in Convention assem- 
bled — 

Section 1. That in case the governor shall convene the legislature 
in extraordinary session before the next general election to be held 
under this constitution, the board of supervisors of Pearl River 
county shall order an election therein for a member of the house of 
representatives, to be held not less than ten days before the assembling 
of the legislature, and under the rules and regulations now prescribed 
by law for holding such elections; and said county shall be entitled 
to one representative in the lower house of the legislature in such 
extraordinary^ session, if called. 

Adopted by the Convention November 1, 1890. 

S. S. Calhoon, President. 

An Ordinance assigning the county of Pearl River of the Sixth Congressional 

District 

Be it ordained hy the people of Mississippi in Conventio7i assem- 
bled — 

Section 1. That the county of Pearl River as created by the act 
approved February 22, 1890, be and the same is hereby attadied to 
and shall become a part of the Sixth Congressional District of this 



Mississippi— 1890 2137 

State, until otherwise provided by law; and that the qualified elect- 
ors of said county be, and they are hereby authorized and empowered 
to vote at the next ensuing election for members of Congress from the 
said Sixth District, at the same time and in the same manner, as 
other qualified electors in the other counties now attached to, and com- 
posing the Sixth District. 

Adopted by the Convention August 21, 1890. 

S, S. Calmoox, President. 

Attest : 

R. E. Wii.soN, /SexTetary. 

An Ordinance to legalize the assessment in I'eaii Kivor county, during the year 
1890, and to authorize a new assessment of lands therein during the year 
1891 

Be it ordained hi/ the j)eoi>l(' of Mississippi in Convention assem- 
hled— 

Section 1. That the board of supervisors of Pearl River county 
shall hold a meeting at the court-house of said county on the first 
Monday in January, 1891, for the purpose of hearing complaints 
against the assessment of real estate of said county; and all persons 
having cause of complaint against said assessment, are required to 
present the same on or before said day, after being considered as 
above provided, and all complaints passed on, and said assessment 
being then approved shall be binding and conclusive. 

Sec. 2. That the board of supervisors of Pearl River county is 
authorized, in its discretion, to have made an assessment of the lands 
of said county during the j^ear 1891 in the same manner in all respects 
as is provided by law for a general assessment of lands ; which assess- 
ment when so made, and approved by the board of supervisors, shall 
have the same force and effect as though made at the time fixed by 
law for the assessment of lands. 

Adopted by the Convention Xovember 1, 1890. 

S. S. Calhoon. President. 

Attest : 

R. E. Wilson, Secretary. 

Exenii)tion Ordinance 

Be it ordained, hy the people of Mississippi in Convention assem- 
ble d — 

Section 1. That all ])ermanent factories hereafter established in 
this State while this section is in force, for woricing cotton, avooI. silk, 
furs or metals, and all others manufacturing implements or articles 
of use in a finished state, shall be exempt from taxation for a period of 
ten years. Any factory which has been abandoned for not less than 
three years, and connnencing operations within two years from the 
date of the adoption of this constitution, shall be entitled to such 
exemj^tion. This section may be rei)ealed or amended by the legis- 
lature after five years, and if not so repealed, shall remain in force 
until January 1st. 1900, and no longer. 

S. S. Caliioon. President. 

Attest : 

R. E. Wilson, Secretary. 



MISSOTTRT 



For organic acts issued before 1812 relating to tlie land now included witLdn 
Missouri see in this work: 

Treaty Ceding Louisiana, 18U3 (Louisiana, p.'lor)!)). 
District of Ixmisiana. 1804 (Louisiana, p. 13(34). 
Territory of Louisiana. 1805 (Louisiana, p. 1871). 



TERRITORIAL GOVERNMENT OF MISSOURI— 1812 " 

ITwKLFTH Congress, First Session] 
An Act providing for the government of the Territory of Missouri 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled. That the Territory 
heretofore called Louisiana shall hereafter be called ]Missouri, and 
that the temporary government of the Territory of Missouri shall 
be organized and administered in the manner hereinafter described. 

Sec. 2. And he it further enacted^ That the executive power shall 
be vested in a governor, who shall reside in the said Territory; he 
shall hold his office during the term of three years, unless sooner 
removed by the President of the TTnited States; shall be commander- 
in-chief of the militia of the said Territory; shall have power to 
appoint and commission all officers, civil and of the militia, whose 
ap]K)intments are not herein otherwise provided for, which shall be 
established by law; shall take care that the laws be faithfully exe- 
cuted ; shall have power to grant pardons for offences against the 
said Territory, and reprieves for those against the United States, 
until the decision of the President of the United States thereon shall 
be made known; shall have power on extraordinary occasions to con- 
vene the general assembly, and he shall ex officio be superintendent of 
Indian affairs. 

Sec. 3. And he it further enacted^ That there shall be a secretary, 
whose commission shall continue in force for four years, unless sooner 
revoked by the President of the United States; he shall reside in 
the said Territory; it shall be his duty, under the direction of the 
governor, to record and preserve all the proceedings and ])a])ers of 
the executive and all the acts of the general assembly, and to transmit 
authentic copies of the same every six months to the President of 
the United States. In case of a vacancy of the office of governor, 
the government of the said Territory shall be executed l)v the secre- 
tary. 

o For other statutes of an organic nature relating to Missouri subsequent to 
1812 see an act to ajipoint additional judge and regulate court rules, act of 
January 27, 1814; to extend western boundary of the state. June 7. 1836: to 
provide for the execution of the laws of the United States in. March 10. 1822. 

2139 



2140 Missouri— 18 1£ 

Sec. 4. And he it further enacted^ That the legislative power shall 
be vested in a general assembly, which shall consist of the governor, 
a legislative council, and a house of representatives. The general 
assembly shall have power to make laws in all cases, both civil and 
criminal, for the good government of the people of the said Terri- 
tor}^, not repugnant to or inconsistent with the Constitution and laws 
of the United States, and shall have power to establish inferior courts 
and to prescribe their jurisdiction and duties, to define the powers and 
duties of justices of the peace and other civil offices in the said 
Territory, and to regulate and fix the fees of office and to ascertain 
and provide for payment of the same, and for all other services ren- 
dered to the said Territory under the authority thereof. All bills 
having passed by a majority in the house of representatives and by 
a majority in the legislative council shall be referred to the governor 
for his assent, but no bill or legislative act whatever shall be of any 
force without his approbation. 

Sec. 5. And he it further enacted^ That the legislative council shall 
consist of nine members, to continue in office five years, unless sooner 
removed by the President of the United States; any five of them shall 
be a quorum. The members of the legislative council shall be nomi- 
nated and appointed in the manner following: As soon as represent- 
atives shall be elected, they shall be convened by the governor as 
hereafter prescribed, and, when met, shall nominate eighteen persons, 
residents in the said Territory one year preceding their nomination, 
holding no office of profit under the Territory or the United States, 
the office of justice of the peace excepted, and each possessing in his 
own right two hundred acres of land therein, and return the names 
to the President of the United States, nine of whom the President, by 
and with the advice and consent of the Senate, shall appoint and 
commission to serve as aforesaid; and when a vacancy shall happen 
in the legislative council, by death or removal from office, the house 
of representatives shall nominate two persons qualified as aforesaid 
for such vacancy, and return their names to the President of the 
United States, one of whom he, by and with the advice and consent 
of the Senate, shall appoint and commission for the residue of the 
term; and every five years, four months at least before the ex])ira- 
tion of the term of service of the members of the legislative council, 
the house of representatives shall nominate eighteen persons, qualified 
as aforesaid, and return their names to the President of the United 
States, nine of whom shall be appointed and commissioned as afore- 
said, to serve as members of the legislative council five years, if not 
sooner removed. Xo person shall be a member of the legislative coun- 
cil who hath not attained to the age of twenty-five years. 

Sec. 6. And he it further enacted. That the house of representatives 
shall be composed of members elected every second year by the people 
of the said Territory, to serve for two years. For every five hundred 
free white male inhabitants there shall be one representative, and so 
on, progressively, with the number of free white male inhabitants 
shall the right of representation increase, until the number of the 
representatives shall amount to twenty-five, after Avhich the number 
and proportion of representatives shall be regulated by the general 
assembly. No person shall be eligible or qualified to be a rejjre- 
sentative who shall not have attained to the age of twenty-one years, 



Missouri— 1812 2141 

and who shall not have resided in the Territoiy on^ ^^ear next ])re- 
ceding the da}^ of election, and who shall not be a freeholder Avithin 
the county in which he may be elected, and no person holdincr any 
office under the United States, or any office of profit under the Terri- 
tory, shall be a re])resentative. In case of vacancy, by death, 
resi<2:nation. removal, or otherwise, of a representative, the «overnor 
shall issue a Avrit to the county, whenever a A'acancy may be as afore- 
said, to elect another person to serve the residue of the term. That 
all free white nude citizens of the United States, above the age of 
tAventy-one years, avIio have resided in said Territory tAvelve months 
next preceding an election, and who shall have paid a territorial or 
county tax, assessed at least six months previous thereto, shall be 
( ntitled to vote for representatives to the general assembly of said 
Territory. 

Sec. 7. And he it fio-f/wr eiuicfed. That, in order to carry the same 
into operation, the governor of the said Territory shall cause to be 
elected thirteen representatives, and for that i)urpose sluiU proceed, as 
circumstances may require, to lay off the ])arts of the said Territory 
to which the Indian title hath been extinguished, into convenient 
counties, on or before the first Monday in October next, and give 
notice thereof throughout the same, ancl shall appoint the most con- 
venient time and place Avithin each of the said counties for holding 
the elections, and shall nominate a proper officer or officers to preside 
at and conduct the same, and to return to him the names of the per- 
sons Avho shall liaAc been elected. All subsequent elections shall be 
regulated by the general assembly, and the number of representatives 
shall be determined, and the apportionment made, in the manner 
hereinbefore prescribed. 

Sec. 8. And he it further enacted, That the representatives, elected 
as aforesaid, shall be couAcned, by the goA^ernor, in the town of Saint 
Louis, on the first INIonday in December next, and the first general 
assembly shall be couAened by the governor, as soon as may be con- 
A-eni(nit, at Saint Ivouis, after the members of the legislatiA'e council 
shall be ai)pointed and connnissicmed. The general assembly shall 
meet once in each year at Saint Louis, and such meeting shall l)e on 
the first Monday in December annually, unless they shall by laAv 
appoint a different day. The legislatiA-e council and house of repre- 
sentatiA'es, Avhen assembled, shall each choose a speaker and its other 
oflicers, and deteru)ine the rules of its proceedings. Each house shall 
>it on its own adjournments from day to day. Neither house shall, 
dui'ing the session, Avithout consent of the other, adjourn for more 
than two days, nor to any other jdace than that AA'here the tAvo houses 
shall be sitting. The members of the general assembly shall, in all 
cases except treason, felony, or breach of the peace, be privileged from 
arrest during their attendance at their respectiA-e houses, and in going 
to and returning from the same, and for any speech or debate in either 
house they shall not be questioned in any other place. 

Sec. 9. And he it further enacted. That all and every free Avhite 
male person, aa^io, on the twentieth day of December, in the year one 
thousand eight hundred and three, Avas an inhabitant of the Terri- 
tory of Louisiana, and all free Avhite male citizens of the United 
States Avho, since the said tAventieth day of December, in the year 
one thousand eight hundred and three, emigrated, or Avho hereafter 



2142 Missouri— 1812 

may emigrate, to the said Territory, being otherwise qualified accord- 
ing to the provisi(ms of this act, shall be capable to hold any office 
of honor, trust, or profit in the said Territory, under the United 
States, or under the said Territory, and to vote for members of the 
general assembly and a Delegate to Congress during the temporary 
government jjrovided for by this act. 

Sec. 10. And he it further tnacted^ That the judicial power shall 
be vested in a superior court, and in inferior courts and justices of 
the peace. The judges of the superior court and justices of the peace 
shall hold their offices for the term of four years, unless sooner re- 
moved; the superior court shall consist of three judges, who shall 
reside in the said Territory, any two of whom shall constitute a court ; 
the sui3erior court shall have jurisdiction in all criminal cases, and 
exclusive jurisdiction in all those that are capital; and original and 
appellate jurisdiction in all civil cases of the value of one hundred 
dollars; the said judges shall hold their courts at such times and 
places as shall be prescribed by the general assembly. The sessions 
of the superior and inferior courts shall continue until all the business 
depending shall be disposed of, or for such as shall be prescribed 
by the general assembly. The superior and inferior courts shall 
respectively appoint their clerks, who shall be commissioned by the 
governor, and shall hold their offices during the temporary govern- 
ment of the said Territory, unless sooner removed by the court. 

Sec. 11. And he it further enacted.. That all free male white persons 
of the age of twenty-one years, who shall have resided one year in 
the said Territory, and are not disqualified by any legal proceeding, 
shall be qualified to serve as grand or petit jurors in the courts of the 
said Territory; and they shall, until the general assembly thereof 
shall otherwise direct, be selected in such manner as the said courts 
shall respectively prescribe, so as to be most conducive to an impar- 
tial trial, and least burdensome to the inhabitants of the said Ter- 
ritory. 

Sec. 12. And he it further enacted., That the governor, secretary, 
and judges, for the Territory of Missouri, authorized by this act, and 
all general officers of the militia, during the temporary government 
thereof, shall be appointed and commissioned by the President of 
the United States, by and with the advice and consent of the senate; 
and the governor, secretary, and judges shall respectiveh" receive for 
their services the compensations established by law, to be paid quar- 
ter-yearly out of the Treasury of the United States; the governor, 
secretary, judges, members of the legislative council, members of the 
house of rej^resentatives, justices of the peace, and all other officers, 
civil and military, before they enter on the duties of their respective 
offices, shall take an oath or affirmation to support the Constitution 
of the United States, and for the faithful discharge of the duties 
of their office ; the governor, before a judge of the supreme or a dis- 
trict court of the United States, or a judge of the said Territory; 
the secretary and judges, before the governor; the members of the 
legislative council and house of representatives, before a judge of the 
said Territory; and the justices of the peace and all other offices 
before such person as the governor shall appoint and direct. 

Sec. 13. And he it further enacted^ That the citizens of the said 
Territory entitled to vote for representatives to the general assembly 



Missouri— 1812 2143 

thereof, shall, at the time of electing their representatives to the said 
general assembly, also elect one Delegate from the said Territory to 
the Congress of the United States ; and the Delegate so elected shall 
possess the same powers, shall have the same privileges and compen- 
sation for his attendance in Congress, and for going to and returning 
from the same, as heretofore have been granted to and provided for a 
Delegate from anj^ Territory of the United States. 

Sec. 14. And he it further enacted^ That the people of the said 
Territory shall always be entitled to a proportionate representation 
in the general assembly; to judicial proceedings according to the com- 
mon law and the laws and usages in force in the said Territor}^; to 
the benefit of the writ of habeas corpus. In all criminal cases the 
trial shall be by jury of good and lawful men of the vicinage. All 
persons shall be bailable, unless for capital offences where the proof 
shall be evident or the presumption great. All fines shall be moderate, 
and no cruel or unusual punishment shall be inflicted. No man shall be 
deprived of his life, libert3% or property, but by the judgment of his 
peers and the law of the land. If the public exigencies make it neces- 
sary for the common preservation to take the property of any person, 
or to demand his particular services, full compensation shall be made 
for the same. No ex post facto law, or law impairing the obligation 
of contracts, shall be made. No law shall be made which shall lay 
any person under restraint, burden, or disability, on account of his 
religious opinions, professions, or mode of worship, in all Avhich he 
shall be free to maintain his own, and not burthened for those of 
another. Religion, morality, and knoAvledge, being necessary to good 
government and the ha})piness of mankind, schools and the means of 
education shall be encouraged and provided for from the i:)ublic lands 
of the United States in the said Territory, in such manner as Con- 
gress may deem expedient. 

Sec. 15. And he it further' enacted^ That the general assembly shall 
never interfere with the primary disposal of the soil by the United 
States in Congress assembled, nor with any regulation Congress may 
find necessary to make for securing the title in the bona -fide pur- 
chasers. No tax shall ever be imposed on lands the property of the 
United States. The lands of non-resident proprietors shall never be 
taxed higher than those of residents. The Mississippi and Missouri 
Rivers, and the navigable waters flowing into them, and the carrying- 
places between the same, shall be connnon highways and forever free 
to the people of said Territory, and to the citizens of the United 
States, without any tax, (kity, or impost therefor. 

Sec. 1(). And he it further enacted^ That the laws and regidations 
in force in the Territory of Louisiana, at the commencement of this 
act, and not inconsistent with the provisions thereof, shall continue in 
force until altei-ed, modified, or repealed by the general assembly. 
And it is hereby declared that this act shall not be construed to vacate 
the commission of any officer in the said Territory, acting under the 
authority of the United States, but that every such commission shall 
be and continue in full force as if this act had not been made. And 
so much of an act entitled ''An act further providing for the goAern- 
ment of the Territory of Louisiana," approved on the third day of 
March, one thousand eight liundred and five, and so much of an act 
entituled "An act for erecting Louisiana into two Territories and pro- 



2144 Missouri— 1816 

viding for the temporary government thereof," approved the twenty- 
sixth of March, one thousand eight hundred and four, as is repug- 
nant to this act, shall, from and after the first Monday in December 
next, be repealed. On which first IMonday in December next this act 
shall commence and have full force: Provided, So much of it as 
requires the governor of said Territory to perform certain duties, pre- 
vious to the said first Monday in December next, shall be in force 
from the passage thereof. 
Approved, June 4, 1812. 



TERRITORIAL GOVERNMENT OF MISSOURI— 1816 

[Fourteenth Congress, First Session] 

An Act to alter certain parts of the act providing for the government of the 

Territory of Missouri 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That the electors of 
the Territory of Missouri, entitled to vote for members of the house of 
representatives of the Territory, at the time of electing the represent- 
atives to the general assembly, shall in each county in said Territory 
elect one member of the legislative council to serve for two years and 
no longer, qualified according to the provisions of the fifth section of 
the act providing for the government of the Territory of Missouri, 
passed June fourth, one thousand eight hundred and twelve, a ma- 
jority of whom shall be a quorum, and shall possess the same powers 
as are granted to the legislative council by the said recited act ; and in 
case of vacancy of a member of the legislative council, by resignation 
or otherwise, the governor of the Territory shall issue a writ to the 
county to elect another person to serve the residue of the term. 

Sec. 2. A?id he it further enacted, That so much of the eighth sec- 
tion of the said recited act as requires the general assembly of said 
Territory to meet once in each year be repealed, and the said general 
assembly shall meet once in every other year at Saint Louis, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day: Provided, That the governor for the 
time being shall have authority by proclamation to convene the gen- 
eral assembly whenever he shall deem the interest of the Territory 
may require it. 

Sec. 3. And he it further enacted. That the general assembly of the 
said Territory shall be, and are hereby, authorized to- require the 
judges of the superior court of the said Territory to hold superior 
and circuit courts, to appoint the times and places of holding the 
same, and under such rules and regulations as the general assembly 
may in that behalf prescribe ; the circuit courts shall be composed of 
one of the said judges, and shall have jurisdiction in all criminal 
cases, and exclusive original jurisdiction in all those which are capital, 
and original jurisdiction in all civil cases of the value of one hundred 
dollars, and the superior and circuit courts shall possess and exercise 
chancery powers as well as common-law jurisdiction in all civil cases: 
Provided, That there shall be an appeal in matters of law and equity. 



Missouri— 1820 2 1 45 

ill all cases, from the circuit courts (o the superior court of tlie said 
Territory'. 

Sec. 4. And he it further enacted^ That such part of the said recited 
acts as is repugnant to, or inconsistent with, the provisions of this act, 
be, and the same is hereby, repealed. 

Approved, April 29. 181G. 



ENABLING ACT FOR MISSOURI— 1820 

fSlXTEK>;TH COXGKKSS. FiRST SESSION | 

An Act to authorize the people of Missouri Territory to form a constitution and 
State .i^overnnient, and for the aihnission of such State into the Union on an 
equal footing with the original States, and to prohihit slavery in certain Ter- 
ritories 

Be it enacted hy the Senate and House of Re^yresentatives of the 
United States of Afnerica in Congress assembled. That the inhabit- 
ants of that portion of the Missouri Territory included within the 
boundaries hereinafter designated, be, and they are hereby, author- 
ized to form for themselves a constitution and State government, and 
to assume such name as they shall deem proper; and the said State, 
when formed, shall be admitted into the Union tipon an equal footing 
with the original States in all respects Avhatsoever. 

Sec. 2. And he it further enacted. That the said State shall consist 
of all the territory included within the following boundaries, to wit : 
Beginning in the middle of the Mississippi River, on the parallel of 
thirty-six degrees of north latitude; thence west along that parallel 
of latitude to the Saint Francois River: thence uj). and following 
the course of that river, in the middle of the main channel thereof, to 
the parallel of latitude of thirty-six degrees and thirty minutes; 
thence west, along the same, to a point where the said parallel is inter- 
sected by a meridian-line passing through the middle of the mouth of 
the Kansas River. Avhere the same empties into the Missouri River; 
thence from the point aforesaid north, along the said meridian-line, 
to the intersection of the parallel of latitude which passes through the 
rapids of the river Des Moines, making the said line to correspond 
Avith the Indian boundary-line; thence east, from the point of inter- 
section last aforesaid, along the said parallel of latitude, to the mid- 
dle of the channel of the main fork of the said river Des Moines; 
thence down and along the middle of the main channel of the said 
river Des Moines to the motith of the same, where it empties into the 
Mississippi River; thence due east to the middle of the main channel 
of Mississippi River; thence down, and following the course of the 
Mississippi River, in the middle of the main channel thercM^f. to the 
place of beginning: Proi^idcd, The State shall ratify the boundaries 
aforesaid: And prorided <dso. That the said State shall have concur- 
rent jurisdiction on the river Mississi])])i. and every other river bor- 
dering on the said State, so far as the said rivers shall form a com- 
mon boundary to the said State and any other State or States, now 
or hereafter to be formed and bounded by the same, such rivers to be 
common to both; and that the river Mississippi, and the navigable 
rivers and waters leading into the same, shall be common highways, 
7253— VOL 3—07 21 



2 1 46 Missouri— 1820 

and forever free, as well to the inhabitants of the said State as to 
other citizens of the United States, withont any tax, duty, impost, or 
toll therefor imposed by the said State. 

Sec. 3. And he it further enacted. That all free white male citizens 
of the United States, who shall have arrived at the age of twenty-one 
years, and have resided in said Territory three months previous to the 
"day of election, and all other persons qualified to vote for representa- 
tives to the general assembly of the said Territory, shall be qualified 
to be elected, and they are hereby qualified and authorized to vote and 
choose representatives to form a convention, who shall be apportioned 
amongst the several counties as follows: 

From the county of Howard, five representatives. 

From the county of Cooper, three representatives. 

From the county of jMontgomery, two representatives. 

From the county of Pike, one representative. 

From the county of Lincoln, one representative. 

From the county of Saint Charles, three representatives. 

From the county of Franklin, one representative. 

From the county of Saint Louis, eight representatives. 

From the county of Jeflterson, one representative. 

From the county of Washington, three representatives. 

From the county of Saint GenevicA^e, four representatives. 

From the county of Madison, one representative. 

From the county of Cape Girardeau, five representatives. 

From the county of New M-adrid, two representatives. 

From the county of Wayne, and that portion of the county of Law- 
rence that falls within the boundaries herein designated, one repre- 
sentative. 

And the election for the representatives aforesaid shall be holden 
on the first Monday and two succeeding days of May next, through- 
out the several counties aforesaid in the said Territory, and shall be 
in every respect held and conducted in the same manner and under the 
same regulations as is prescribed hj the laws of the said Territory 
regulating elections therein for members of the general assembly, 
except that the returns of the election in that portion of Lawrence 
County included in the boundaries aforesaid shall be made to the 
county of Wayne, as is provided in other cases under the laws of said 
Territory. 

Sec. 4. And he it further enacted^ That the members of the conven- 
tion thus duly elected shall be, and they are hereby, authorized to 
meet at the seat of government of said Territory, on the second Mon- 
day of the month of June next; and the said convention, when so 
assembled, shall have power and authority to adjourn to any other 
place in the said Territory, which to them shall seem best for the con- 
venient transaction of their business ; and which convention, when so 
met, shall first determine, by a majority of the whole number elected, 
Avhether it be or be not expedient at that time to form a constitution 
and State government for the people within the said Territory, as 
included within the boundaries above designated; and, if it be deemed 
expedient, the convention shall be, and hereby is, authorized to form a 
constitution and State govei*nment; or, if it be deemed more expe- 
dient, the said convention shall provide by ordinance for eled:ing 
i-epresentatives to form a constitution or frame of goverinnent ; which 
said representatives shall be chosen in such manner, and in such 



Missouri,— 1820 2147 

proportion, as they shall designate, and shall meet at such time and 
place as shall be prescribed by the said ordinance ; and shall then 
form for the people of said Territory, Avithin the boundaries afore- 
said, a constitution and State government: Provided, That the 
same, Avhenever formed, shall be republican, and not repugnant to 
the Constitution of the United States; and that the legislature of said 
State shall never interfere with the primary disposal of the soil by 
the United States, nor with any regulations Congress may find neces- 
sary for securing the title in such soil to the bona-fide purchasers; 
and that no tax shall be imposed on lands the property of the United 
States; and in no case shall non-resident proprietors be taxed higher 
than residents. 

Sec. 5. And he it further enacted, That, until the next general cen- 
sus shall be taken, the said State shall be entitled to one Representa- 
tive in the House of Representatives of the United States. 

Sec. 6. And he it further enacted, That the following pro])ositions 
be, and the same are hereby, offered to the convention of the said 
Territory of Missouri, when formed, for their free acceptance or 
rejection, which, if accepted by the conA^ention, shall be obligatory 
upon the United States : 

First. That section numbered sixteen in every township, and when 
such section has been sold, or otherwise disposed of. other lands, 
equivalent thereto and as contiguous as may be, shall be granted to 
the State for the use of the inhabitants of such township, for the use 
of schools. 

Second. That all salt-springs, not exceeding twelve in number, with 
six sections of land adjoining to each, shall be granted to the said 
State, for the use of said State, the same to be selected by the legisla- 
ture of the said State, (m or before the first day of January, in the 
year one thousand eight hundred and twenty-five, and the same, when 
so selected, to l)e used under such terms, conditions, and regulaticms as 
the legislature of said State shall direct: Provided, That no salt- 
s])ring, the right whereof now is, or hereafter shall be, confirmed or 
adjudged to any individual or individuals, shall, by this section, be 
granted to said State: And provided also, That the legislature shall 
never sell or lease the same, at any one time, for a longer period than 
ten years, without the consent of Congress. 

Third. Tliat live ]:»er cent, of (he net proceeds of the sale of lands 
lying within the said Territory, or State, and which shall be sold by 
(\)ngi'ess, from and after the fii'st day of January next, after deduct- 
ing all expenses incident to the same, shall be reserved for making- 
public roads and canals, of Avhich three-fifths shall be applied to 
those objects within the State, under the direction of the legislature 
thereof; and the other two-fifths in defraying, under the direction of 
Congress, the ex])enses to l)e incurred in making of a road or roads, 
canal or canals, leading to the said Stale. 

Fourth. Hiat four entire sections of land be, and the same are 
hereby, granted to the said State, for the ])urpose of fixing their seat 
of govennnent thereon, which said secticms shall, under the direction 
of the legislature of said State, be located, as near as may be, in one 
body, at any time, in such townships and ranges as the legislature 
aforesaid may select, on any of the public lands of the T"!^nited States: 
Provided, That such locations shall be nnide prior to the public sale 
of the lands of the United States surroundiuir such location. 



2148 Missouri— 1821 

Fifth. That thirty-six sections, or one entire township, which shall 
be designated by the President of the United States, together Avith 
the other lands heretofore reserved for that purpose, shall be re- 
served for the use of a seminary of learning, and vested in the legis- 
lature of said State, to be appropriated solely for the use of such 
seminary by the said legislature: Provided, That the five foregoing 
propositions herein offered are on the condition that the convention 
of the said State shall provide, by an ordinance, irrevocable Avithout 
the consent of the United States, that every and each tract of land 
sold by the United States, from and after the first day of January 
next, shall remain exempt from au}^ tax laid by order or under the 
authority, of the State, Avhether for State, county, or township, or 
any other purpost^ whatever, for the term of five years from and after 
the day of sale: And fm'ther, That the bounty-lands granted, or here- 
after to be granted, for military services during the late war, shall, 
while they continue to bo held by the patentees, or their heirs, remain 
exempt as aforesaid from taxation for the term of three years from 
and after the date of the patents respectively. 

Sec. 7. And he it further enacted, That in case a constitution and 
State government shall be formed for the people of the said Terri- 
tory of JNIissouri, the said convention or representatives, as soon there- 
after as may be, shall cause a true and attested copy of such constitu- 
tion, or frame of State government, as shall be formed or provided, 
to be transmitted to Congress. 

Sec. 8. And he it further enacted. That in all that territory ceded 
by France to the United States, under the name of Louisiana, which 
lies north of thirty-six degrees and- thirty minutes north latitude, not 
included within the limits of the State contemplated by this act, 
slavery and involuntary servitude, otherwise than in the punishment 
of crimes, whereof the parties shall have been duly convicted, shall be. 
and is hereby, forever prohibited: Prorided always, That any per- 
son escaping into the same from whom labor or sei'vice is lawfully 
claimed in any State or Territorj' of the United States, such fugitive 
may be lawfully reclaimed, and conveyed to the person claiming his 
or her labor or services as aforesaid. 

Approved, March G, 1820. 



RESOLUTION FOR THE ADMISSION OF MISSOURI— 1821 

[SixTEKNTii Congress. Second Session] 

Itcsolulidii iirovidinj: for the ndiiiissioii (if the slate of Missouri into tlio riiioii. 

on a certain condition 

Resolved hy the Senate and House of Representatives of the United 
States of America, in Congress assemhled. That Missouri shall be 
admitted into this union on an equal footing with the original states, 
in all respects whatever, upon the fundamental condition, that the 
foiu'th clause of the twenty-sixth section of the third article of the 
constitution submitted on the part of said state to Congress, shall 
never be construed to authorize the passage of any law, and that no 
law shall be passed in conformity thereto, by Avhich any citizen, of 
either of the states in this Union, shall be excluded from the enjoy- 
ment of any of the privileges and imnuniities to which such citizen 



Missouri— 1821 2 1 49 

is entitled under the constitution of the United States: Pvoin(}t:d^ 
That the legislature of the said state, by a solenui public act. shall 
declare the assent of the said state to the said fundamental condition, 
and shall transmit to the President of the United States, on or before 
the fourth Monday in Noyembcr next, an authentic copy of the 
said act ; upon the receipt Ayhereof, the President, by proclamation, 
shall announce the fact; whereupon, and Ayithout any further pro- 
ceeding on the part of Congi'ess, the admission of the said state into 
this Union shall be cousidered as coni])lete. 
Approyed, ]^Iarch 2, 1821. 



PROCLAMATION ADMITTING MISSOURI— 1821 -^ 
By thj: Presujent or the United States . 
A PROCLAMATION 

'\^Tiereas the Congress of the United States, by a joint resolution of 
the 2d day of March last, entitled '" Resolution proyiding for the 
admission of the State of Missouri into the Union on a certain con- 
dition,'' did determine and declare that Missouri should be admitted 
into this Union on an equal footing with the original States in all 
respects whateyer upon the fundamental condition that the fourth 
clause of the twenty-sixth section of the tliircl article of the con- 
stitution submitted on the part of said State to Congress shall 
neyer be construed to authorize the passage of any law, and that no 
law shall be passed in conformity thereto, by which any citizen of 
either of the States of this Union shall be excluded from the enjoy- 
ment of any of the priyileges and innnunities to which such citizen 
is entitled under the Constitution of the United States: Promdcd, 
That the Legislature of said State, by a solemn public act shall 
declare the assent of the said State to the said fundamental con- 
dition, and shall transmit to the President of the United States 
on or before the lirst Monday in Xoyember next an authentic copy of 
said act, upon the receipt whereof the President, by proclamation, 
shall announce the fact, whereupon, and without any further pro- 
ceeding on the \yc\vi of Congress, the admission of the said State into 
this Union shall be considered as complete: " and 

Whereas by solemn public act of the assembly of said State of 
Missouri, passed on the 26tli of June, in the present year, entitled 
"A solemn public act declaring the assent of this State to the fun- 
dameutal condition contained in a resolution passed by the Congress 
of the United States proyiding for the admission of the State of Mis- 
souri into the Union, on a certain condition," an authentic copy 
whereof has been comnuniicated to me. it is solemnly and publicly 
enacted and declared that that State has assented, aiid does assent, 
that the fourth clause of the twenty-sixth section of the third article 
of the constitution of said State " shall never be construed to author- 
ize the passage of any law, and that no law shall be passed in 
conformity thereto, by which any citizen of either of the United 
States shall be exclucled from the enjoyment of any of the priyi- 

c Messages tind Papers of the Presidents, James I). Uieliiirdson, II. 95-90. 



2150 Missouri— 1820 

leges and immunities to which such citizens are entitled under the 
Constitution of the United States : " 

Now, therefore, I, James Monroe, President of the United States, 
in pursuance of the resolution -of Congress aforesaid, have issued this 
m}' proclamation announcing the fact that the said State of Missouri 
has assented to the fundamental condition required by the resolution 
of Congress aforesaid, whereupon the admission of the said State of 
Missouri into this Union is declared to be complete. , 

In testimony whereof I have caused the seal of the United States 
of America to be affixed to these presents, and signed the same with 
my hand. 

Done at the city of Washington the 10th of August, A. D., 1821, 
^eal) and of the Independence of the said United States of 
America the forty-sixth. 

James Monroe. 
By the President: 

John Quincy Adams, 

Secretary of State. 



CONSTITUTION OF MISSOURI— 1820 * « 

We, the people of Missouri, inhabiting the limits hereinafter desig- 
nated, by our representatives in convention assembled at Saint Louis, 
on Monday, the 12th day of June, 1820, do mutually agree to form 
and establish a free and independent republic, by the name of the 
" State of Missouri," and for the government thereof do ordain and 
establish this constitution : 

Article I 

or BOUNDARIES 

We do declare, establish, ratify, and confirm the following as the 
permanent boundaries of said State, that is to say : Beginning in the 
middle of the Mississippi Eiver, on the parallel of thirty-six degrees 
of north latitude ; thence west along the said parallel of latitude to 
Saint Francois River; thence up and following the course of that 
river, in the middle of the main channel thereof, to the parallel of 
latitude of thirty-six degrees and thirty minutes ; thence west along 
the same to a point where the said parallel is intersected by a merid- 
ian-line passing through the middle of the mouth of the Kansas 
Eiver, where the same empties into the Missouri River; thence from 
the point aforesaid north, along the said meridian-line, to the inter- 
section of the parallel of latitude which passes through the rapids of 
the river Des Moines, making the said line correspond with the 
Indian boundary-line ; thence east from the point of intersection last 
aforesaid, along the said parallel of latitude, to the middle of the 
channel of the main fork of the said river Des Moineg ; thencg down 

* Verified from " The Constitution and Amendments in tlie Laws of Missouri, 
1821-1864." 

a This constitution was framed by a convention which met at Saint Louis June 
12, 1820, and completed its labors July 19, 1820. 



Missouri— 1S20 2151 

and along the middle of the main channel of the said river Des Moines 
to the mouth of the same, where it empties into the Mississippi River ; 
thence due east to the middle of the main channel of the Mississippi 
River; thence down and following the course of the Mississippi 
River, in the middle of the main channel thereof, to the place of 
beginning. 

Article II 

or THE DISTRIBUTION OF POAVERS 

The powers of government shall be divided into three distinct 
departments, each of which shall be confided to a separate mag- 
istracy; and no person charged wdth the exercise of powers properly 
belonging to one of those departments shall exercise any ])OAver 
properly belonging to either of the others, except in the instances 
hereinafter expressly directed or permitted. 

Article III 

or THE LEGISLATIVE POW'ER 

Section 1. The legislative power shall be vested in a general 
assembly, which shall consist of a senate and of a house of represent- 
atives. 

Sec. 2. The house of representatives shall consist of members to be 
chosen every second year, by the qualified electors of the several 
counties. Each county shall have at least one representative; but 
the whole number of representatives shall never exceed one hundred. 

Sec. 3. Xo person shall be a member of the house of representatives 
who shall not have attained the age of twenty- four years; who shall 
not l)e a free white male citizen of the United States ; who shall not 
have been an inhabitant of this State two years, and of the county 
which he represents one 3'ear next before his election, if such county 
shall have been so long established; but if not, then of the county 
or counties from which the same shall have been taken; and who 
shall not, moreover, have paid a State or county tax. 

Sec. 4. The general assembly at their first session, and in the years 
one thousand eight hundred and twenty-two and one thousand eight 
hundred and twenty-four, respectively, and every fourth year there- 
after, shall cause an enumeration of the inhabitants of this State to 
be made; and at the first session after such enumeration shall appor- 
tion the number of representatives among the several counties, accord- 
ing to the number of free white male inhabitants therein. 

Sec. 5. The senators shall be chosen by the qualified electors for the 
term of four years. Xo person shall be a senator who shall not have 
attained to the age of thirty years; Avho shall not be a free white male 
citizen of the United States: who shall not have been an inhabitant 
of this State four years, and of the district Avhich he may be chosen 
to represent one year next before his election, if such district shall 
have been so long established ; but if not, then of the district or dis- 
tricts from which the same shall have been taken ; and "who shall not, 
moreover, have paid a State or county tax. 



2152 Missouri— 1820 

Sec. 6. The senate shall consist of not less than fourteen nor more 
than thirty-three members; for the election of whom the State shall 
be divided into convenient districts, which may be altered from time 
to time, and new districts established, as public convenience may re- 
quire, and the senators shall be apportioned among the several dis- 
tricts according to the number of free white male inhabitants in each : 
Prorided', That when a senatorial district shall be composed of two 
or more counties, the counties of which such district consists shall not 
be entirely separated by any county belonging to another district ; and 
no county shall be divided in forming a district. 

Sec. 7. At the first session of the general assembly, the senators 
shall be divided by lot, as equally as may be, into two classes. The 
seats of the first class shall be vacated at the end of the second year, 
and the seats of the second class at the end of the fourth year ; so that 
one-half of the senators shall be chosen every second year. 

Sec. 8. After the first day of January, one thousand eight hundred 
and twenty-two, all general elections shall commence on the first 
Monday in August, and shall be held biennially ; and the electors, in 
all cases, exceyt of treason, felony, or breach of the peace, shall be 
privileged from arrest during their continuance at elections, and in 
going to and returning from the same. 

Sec. 9. The governor, shall issue Avrits of election to fill such -vacan- 
cies as may occur in either house of the general assembly. 

Sec. 10. Every free white male citizen of the United States, wdio 
shall have attained the age of twenty-one years, and who shall have 
resided in this State one year before an election, the last three months 
whereof shall have been in the county or district in which he offers 
to vote, shall be deemed a qualified elector of all elective offices : Pro- 
vided^ That no soldier, seaman, or mariner in the Regular Army or 
Navy of the United States shall be entitled to vote at any election in 
this State. 

Sec. 11. Xo judge of any court of law or equity, secretary of state, 
attorney-general. State auditor, State or county treasurer, register, or 
recorder, clerk of any court of record, sheriff, coroner, member of 
Congress, nor other person holding any lucrative office under the 
United States or this State, militia officers, justices of the peace, and 
postmasters excepted, shall be eligible to either house of the general 
assembly. 

Sec. i2. No person who now is or hereafter may be a collector or 
holder of public money, nor any assistant or deputy of such collector 
or holder of public money, shall be eligible to either house of the gen- 
eral assembly, nor to any office of profit or trust until he shall have 
accounted for and paid all sums for which he may be accountable. 

Sec. 13. No person while he continues to exercise the functions of a 
bishoj), priest, clergyman, or teacher of any religious persuasion, 
denomination, society, or sect whatsoeA^er, shall be eligible to either 
house of the general assembly ; nor shall he be appointed to any office 
of profit within the State, the office of justice of the peace excepted. 

Sec. 14. The general assembly shall have power to exclude from 
every office of honor, trust, or profit, within the State, and from the 
right of suffrage, all persons convicted of bribery, perjury, or other 
infamous crime. 

Sec. 15. Every person who shall be convicted of having, directly 
or indirectly, given or offered any bribe to procure his election or 



Missouri~lS20 2153 

ai)pointment. shall be disqualified for any office of honor, trust, or 
jirofit under this State: and any person who shall pre or olfer any 
bril)e to procure the election or a])pointnient of any person, shall, on 
conviction thereof, be disqualified for an elector, or for any office of 
honor, trust, or profit under this State, for ten years after such con- 
viction. 

Sec. 1G. No senator or representative shall, during- the term for 
which he shall have been elected, be appointed to any civil office under 
this State Avhich shall have been created, or the emoluments of which 
shall have been increased, durino- his continuance in office, except to 
such offices as shall be filled by elections of the people. 

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

Sec. 18. Each house may determine the rules of its proceedings; 
punish its members for disorderly behavior; and. with the concur- 
rence of two-thirds of all the members elected, expel a member; but 
no meml)er shall be expelled a second time for the same cause. They 
shall each, from time to time, publish a journal of their proceedings, 
except such parts as may, in their opinion, require secrecy; and the 
yeas and naj^s on any question shall be entered on the journal, at the 
desire of any two members. 

Sec. 19. The doors of each house, and of committee of the whole, 
shall be kept open, except in cases which may require secrecy; and 
each house may punish, by fine or imprisonment, any person, not a 
member, who shall be guilty of disrespect to the house. l)v any dis- 
orderly or contemptuous behavior in their presence, during their ses- 
sion: Provided^ That such fine shall not exceed three hundred dollars, 
and such imprisonment shall not exceed forty-eight hours for one 
offence. 

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

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

Sec. 22. AVhen any officer, civil or military, shall be ap])ointed by 
the joint or concurrent vote of both houses, or by the separate vote of 
either house of the general assembly, the votes shall be pub>licly given, 
viva voee^ and entered on the journals. The whole list of members 
shall be called, and tlu' names of absentees shall be noted and pub- 
lished with the journal. 

Sec. 23. Senators and representatives shall, in all cases, except of 
treason, felony, or breach of the peace, be privileged from arrest dur- 
ing the session of the general assembly, and for fifteen days next 
before the conunencement and after the termination of each session; 
and for any speech oi- debate in either house, they shall not be (|ues- 
tioned in any other i)lace. 



2154 Missouri — 1820 

Sec. 24. The members of the general assembly shall severally re- 
ceiA^e from the public treasury a compensation for their services, 
which may, from time to time, be increased or diminished by law; 
but no alteration, increasing or tending to increase the compensation 
of members, shall take effect during the session at which such altera- 
tion shall be made. 

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

Sec. 26. Tlie general assembly shall not have power to pass laws— 

1. For the emancipation of slaves without the consent of their 
owners; or without paying them, before such emancipation, a full 
equivalent for such slaves so emancipated ; and, 

2. To prevent hona-fide immigrants to this State, or actual settlers 
therein, from bringing from any of the United States, or from any 
of their Territories, such persons as may there be deemed to be slaves, 
so long as any persons of the same description are allowed to be held 
as slaves by the laws of this State. 

The}' shall have power to pass laws — 

1. To prohibit the introduction into this State of any slaves who 
may have committed any high crime in any other State or Territorj'^ ; 

2. To prohibit the introduction of any slave for the purpose of 
speculation, or as an article of trade or merchandise; 

3. To prohibit the introduction of any slave, or the offspring of any 
slave, who heretofore may have been, or Avho hereafter may be, im- 
ported from any foreign country into the United States, or an}' Terri- 
tory thereof, in contravention of any existing statute of the United 
States; and, 

4. To permit the owners of slaves to emancipate them, saving the 
right of creditors, where the person so emancipating will give security 
that the slave so emancipated shall not become a public charge. 

It shall be their duty, as soon as may be, to pass such laws as may 
be necessary — 

1. To prevent free negroes end mulattoes from coming to and 
settling in this State, under any pretext whatsoever ; and, 

2. To oblige the owners of slaves to treat them with humanity, and 
to abstain from all injuries to them extending to life or limb. 

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

Sec. 28. Any person who shall maliciously deprive of life or dis- 
member a slave, shall suffer such i)unishment as would be inflicted 
for the like offence if it were committed on a free white person. 

Sec. 29. The governor, lieutenant-governor, secretary of state, 
auditor, treasurer, attorney-general, and all judges of the courts of 
law and equity, shall be liable to impeachment for any misdemeanor 
in office; but judgment in such cases shall not extend further than 
removal from office, and disqualification to hold any office of honor, 
trust, or profit under this State. The party impeached, whether 
convicted or acquitted, shall, nevertheless, be liable to be indicted, 
tried, and punished according to law. 



Missouri— 1820 2155 

Sec. 30. The house of representatives shall have the sole power of 
impeachment. All impeachiueiits shall be tried by the senate; iyjd. 
when sitting for that purpose, the senators shall be on oath or aihr- 
mation to do justice according- to law and evidence. AVhen the gov- 
ernor shall be tried, the presiding judge of the supreme court shall 
preside; and no person shall be convicted without the concurrence 
of two-thirds of the senators present. 

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

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

Sec. 33. The general assembly shall meet on the third Monday in 
September next ; on the first Monday in November, eighteen hundred 
and twenty-one; on the first Monday in November, eighteen hun- 
dred and twenty-tAvo, and thereafter the general assembly shall meet 
once in every two years, and such meeting shall be on the first Monday 
in November, unless a different day shall be apjDointed by law. 

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

Sec. 3.5. Within five years after the adoption of this constitution, 
all the statute laws of a general nature, both civil and criminal, shall 
be revised, digested, and promulgated, in such manner as the general 
assembly shall direct, and a like revision, digest, and promulgation 
shall be made at the expiration of every subsequent i)eriod of ten 
years. 

Sec. 36. The style of the laws of this State shall be, ^'Be it enacted 
hy the general assembly of the State of Missouriy 

Article IV 

OF THE EXECUTIVE POWER 

Section 1. The supreme executive i)ower shall be vested m a chief 
magistrate, who shall l)e styled " The governor of the State (d' 
Missouri.'' 

Sec. 2. The governor shall be at least thirty-five years of age. and 
a natural-born citizen of the United States, or a citizen at the adop- 
tion of the Constitution of the United States, or an inhabitant of that 
part of Louisiana now included in the State of ^fissouri at the time 
of the cession thereof from France to the ITnited States, and shall 
have been a resident of the same at least four years next before his 
election. 



2156 Missouri— 1820 

Sec. 3. The governor shall hold his office for four years, and until a 
successor be duly api:)ointed and qualified. He shall be elected in the 
manner following: At the tiiiie and place of voting for members of 
the house of representatives, tlie qualified electors shall vote for a gov- 
ernor; and when two or more persons have an equal number of votes, 
and a higher number than any person, the election shall be decided 
between them by a joint vote of both houses of the general assembly, 
at their next session. 

Sec. 4. The governor shall be ineligible for the next four years 
after the expiration of his term of service. 

Sec. 5. The governor shall be commander-in-chief of the militia 
and navy of the State, except when they shall be called into the serv- 
ice of the United States ; but he need not command in person, unless 
advised so to do by a resolution of the general assembly. 

Sec. C. The governor shall have power to remit fines and forfei- 
tures; and, except in cases of impeachment, to grant reprieves and 
pardons. 

Sec. 7. The governor shall, from time to time, give to the general 
assembly information relative to the state of the government, and 
shall recommend to their consideration such measures as he shall 
deem necessar}'' and expedient. On extraordinary occasions he may 
convene the general assembly by proclamation, and shall state to them 
the purposes for which they are convened. 

Sec. 8. The governor shall take care that the laAvs be distributed 
and faithfully executed; and he shall be a conservator of the peace 
throughout the State. 

Sec. 0. When any office shall become vacant, the governor shall 
appoint a person to fill such vacancy, who shall continue in office until 
a successor be duly appointed and qualified according to law. 

Sec. 10. Everj^ bill which shall have been passed by both houses of 
the general assembly shall, before it becomes a law, be presented to 
the governor for his approbation. If he approve, he shall sign it ; 
if not, he shall return it, Avith his objections, to the house in which it 
shall have originated, and the house shall cause the objections to be 
entered at large on its journals, and shall proceed to reconsider the 
bill. If, after such reconsideration, a majority of all the members 
elected to that house shall agree to pass the same, it shall be sent, 
together with the objections, to the other house, by which it shall be 
in like manner reconsidered, and if approved by a majority of all 
the memliers elected to that house, it shall become a laAv. In all such 
cases the votes of both houses shall be taken by yeas and nays; the 
names of the members A'oting for and against the bill shall be entered 
on the journal of each house respectively. If any bill shall not be 
returned by the governor within ten days (Sundays excepted) after 
it shall have been presented to him, the same shall become a law, in 
like manner as if the governor had signed it ; unless the general assem- 
bly, by its adjournment, shall prevent its return, in which case it 
shall not become a law. 

Sec. 11. Every resolution to which the concurrence of the senate 
and house of representatiA^es may be necessary, except on cases of 
adjournment, shall be presented to the governor, and before the same 
shall take effect shall be proceeded upon in the same manner as in the 
case of a bill. 



Missouri— 1820 2157 

Sec. 12. There shall be an auditor of public accounts, whom the 
governor, by and with the advice and consent of the senate, shall 
appoint. He shall continue in office four years, and shall perform 
such duties as may be prescribed by laAv. His office shall be kept at 
the seat of government. 

Sec. 18. The governor shall, at stated times, receive for his services 
an adequate salary, to be fixed by law. which shall neither ])e increased 
nor diminished during his continuance in office, and which shall 
never be less than two thousand dollars annually. 

Sec. 14. There shall be a lieutenant-governor, who shall be elected 
at the same time, in the same manner, for the same term, and shall 
jiossess the same qualifications as the governor. The electors shall 
distinguish for whom they vote as governor and for whom as lieu- 
tenant-governor. 

►Sec. 15. The lieutenant-governor shall, by virtue of his office, be 
j)resident of the senate. In connnittee of the whole, he may debate 
on all questions; and, when there is an equal division, he shall give 
the casting vote in senate, and also in joint votes of both houses. 

Sec. 16. When the office of governor shall become vacant, by death, 
resignation, absence from the State, removal from office, refusal to 
(lualify, impeachment, or otherwise, the lieutenant-governor, or, in 
case of like disability on his part, the president of the senate i)ro 
tempore, or. if there be no president of the senate pro tempore^ the 
speaker of the house of representatives shall possess all the powers 
and discharge all the duties of governor, and shall receive for his 
services the like compensation, until such vancancy be filled, or the 
governor so absent or impeached sliall return or be acquitted. 

Sec. 17. Whenever the office of governor shall become vacant, by 
death, resignation, removal from office, or otherwise, the lieutenant- 
governor, or other person exercising i^ powers of governor for the 
time being, shall, as soon as may be, cause an election to be held to 
fill such vacancy, giving three months' previous notice thereof: and 
the person elected shall not thereby be rendered ineligible to the office 
of governor for the next succeeding term. Nevertheless, if such 
vacancy shall happen Avithin eighteen months of the end of the term 
for which the late governor shall have been elected, the same shall 
not be filled. 

Sec. 18. The lieutenant-governor, or president of the senate pro 
tempore, while presiding in the senate, shall receive the same compen- 
sation as shall be allowed to the speaker of the house of representa- 
tives. 

Sec. 19. The returns of all elections of governor and lieutenant- 
governor shall be made to the secretary of state, in such manner as 
may be prescribed by law. 

Sec. '10. Contested elections of governor and lieutenant-governor 
shall be decided by joint vote of both houses of the general assembly, 
in such manner as may be prescribed by law. 

Sec. 21. There shall be a secretary of state, whom the governoi-. l)y 
and with the advice and consent of the senate, shall api)oint. He 
shall hold his office foui- years, unless sooner removed on impeach- 
ment. He shall keep a register of all the official acts and proceedings 
of the governor, and. when necessary, shall attest them; and he shall 
lay the same, together with all papers relative thereto, before either 



2158 Missouri— 1820 

house of the general assembh-, whenever required so to do ; and shall 
perform such other duties as may be enjoined on him by law. 

Sec. 22. The secretary of state shall, as soon as may be, procure a 
seal of state, with such emblems and devices as shall l^e directed by 
law, which s!iall not be subject to change. It shall be called " The 
Great Seal of the State of Missouri ;" shall be kept by the secretary 
of state; and all official acts of the governor, his approbation of the 
laws excepted, shall be thereby authenticated. 

Sec. 23. There shall be appointed in each county a sheriff and a 
coroner, who, until the general assembly shall otherwise provide, shall 
be elected by the qualified electors, at the time and place of electing 
representatives. They shall serve for two years, and until a successor 
be duly appointed and qualified, unless sooner removed for misde- 
meanor in office, and shall lie ineligible four years in any period of 
eight years. The sheriff and coroner shall each give security for the 
faithful discharge of the duties of his office in such manner as shall 
be prescribed by law. AAlienever a county shall be hereafter estab- 
lished, the governor shall appoint a sheriff and coroner therein, who 
shall each continue in office until the next«succeeding general election, 
and until a successor shall be duly qualified. 

Sec. 24. TMien vacancies hapi^en in the office of sheriff or coroner, 
they shall be filled by appointment of the governor; and the persons 
so appointed shall continue in office until successors shall be duly 
qualified, and shall not be thereby rendered ineligible for the next 
succeeding term. 

Sec. 25. In all elections of sheriff' and coroner, Avhen two or more 
persons have an equal number of votes, and a higher number than any 
other person, the circuit courts of the counties respectively shall give 
the casting vote; and all contested elections for the said offices shall 
be decided by the circuit courts respectively, in such manner as the 
general assembly may by law prescribe. 

Article V 

01' THE JI DICIAL POWER 

Section 1. The judicial power, as to matters of law and equity, 
shall be vested in a supreme court, in a chancellor, in circuit courts, 
and in such inferior tribunals as the general assembly may from time 
to time ordain and establish. 

Sec. 2. The supreme court, except in cases otherwise directed by 
this constitution, shall have appellate jurisdiction only, which shall 
be coextensive with the State, under the restrictions and limitations 
in this constitution provided. 

Sec. 3. Tlie supreme court shall have a general superintending con- 
trol over all inferior courts of law. It shall have power to issue 
writs of hahcas corpvs. mandamvs^ quo warranto, certiorari and other 
original remedial, writs, and to hear and determine the same. 

vSec. 4. The supreme court shall consist of three judges, any two of 
Avhom shall be a quorum: and the said judges shall be conservators 
of the peace throughout the State. 

Sec. 5. The State shall be divided into convenient districts, not to 
exceed four: in each of Avhich the supreme court shall hold two ses- 
sions annually, at such place as the general assembly shall appoint; 



Missouri— 1820 2159 

and, Avhen sitting in either district, it shall exercise jurisdiction over 
causes originating in that district only: Provided, Jiowever, That the 
general assembly may, at any time hereafter, direct by law that the 
said court shall be held at one place only. 

Sec. 6. The circuit court shall have jurisdiction over all criminal 
cases Avhich shall not be otherwise provided for by law ; and exclusive 
original jurisdiction in all civil cases Avhich shall not be cognizable 
before justices of the peace, until otherwise directed by the general 
assembh^ It shall hold its terms in such place in each county as may 
be by law directed. 

Srx. T. The State shall be divided into convenient circuits, for each 
of which a judge shall be appointed, Avho, after his appointment, 
shall reside, and be a conservator of the peace, within the circuit for 
Avhich he shall be appointed. 

Sec. 8. The circuit court shall exercise a superintending control 
over all such inferior tribunals as the general assembly may establish, 
and over justices of the peace in each coimtj'' in their respective cir- 
cuits. 

Sec. 9. The jurisdiction of the court of chancery shall be coexten- 
sive Avith the State, and the times and places of holding its sessions 
shall be regulated in the same manner as those of the supreme court. 

Sec. 10. The court of chancery shall haA'e original and appellate 
jurisdiction in all matters of equity, and a general control OA-er execu- 
tors, administrators, guardians, and minors, subject to appeal, in all 
cases, to the supreme court, under such limitations as the general 
assembly may hy hnv provide. 

Sec. 11. Until the general assembl^^ shall deem it expedient to 
establish inferior courts of chancery, the circuit courts shall liaA^e 
jurisdiction in matters of equity, subject to appeal to the court of 
chancery, in such manner and under such restrictions as shall be pre- 
scribed by law. 

Sec. 12. Inferior tribunals shall be established in each county for 
the transaction of all county business, for appointing guardians, for 
granting letters-testamentary and of administration, and for settling 
the accounts of executors, administrators, and guardians. 

Sec. 18. The governor shall nominate and. by and Avith the advice 
and consent of the senate, appoint the judges of the superior court, 
the judges of the circuit courts, and the chancellor, each of Avhoui shall 
hold his office during good behavior, and shall receive for his services 
a compensation, Avhich shall not be diminished during his continuance 
in office, and Avhich shall not be less than tAvo thousand dollars 
annually. 

Sec. 14. No ])erson shall l)e appointed a judge of the supreme court, 
nor of a circuit court, noi" chancellor, before he shall ha\e attained to 
the age of thirty years, noi* sjiall any pei'son continue to exercise the 
duties of any of said offices aftei- he shall have attained to the age of 
sixty-fiA'e years. 

Sec. 15. The courts respectively shall ai)poinl their clerks. Avho 
shall hold their ollices during good behavior. For any misdemeanor 
in office they shall be liable to be tried and remoA'ed by the supreme 
court, in such manner as the general assembly shall by laAv provide. 

Sec. 1(). Any judge of the supretne court, or of the circuit court, or 
the chancellor, may l)e removed from office on the address of two- 
thirds of each house of the general assembly to the goA'crnor for that 



2160 Missouri— 1820 

l)iirpose, but each house shall state, on its respective journal the cause 
for which it shall wish the removal of such judge or chancellor, and 
give him notice thereof, and he shall have the right to be heard in 
his defence in such manner as the general assembly shall by law 
direct; but no judge or chancellor shall be removed in this manner for 
any cause for which he might have been impeached. 

Sec. it. In each county there shall be appointed as many justices 
of the peace as the public good may be thought to require. Their 
powers and clnties and their duration in office shall be regulated by 
law. 

Sec. 18. An attorney -general shall be appointed by the governor, 
by and with the advice and consent of the senate. He shall remain in 
office four years, and shall perform such duties as shall be required of 
him by law. 

Sec. 19. All writs and process shall run and all prosecutions shall 
be conducted in the name of the " State of Missouri; '' all writs sliall 
be tested by the clerk of the court from wdiicli they shall be issued, and 
all indictments shall conclude, '" a</ainst tlie peace and dignity of the 
State:' 

Article VI 

OF EDUCATION 

Sectiox 1. Schools and the means of education shall forever be 
enouraged in this State ; and the general assembh^ shall take measures 
to preserve from waste or damage such lands as have been, or here- 
after may be, granted by the United States for the use of schools 
within each township in this State, and shall apply the funds which 
may arise from such lands in strict conformity to the object of the 
grant. One school or more shall be established in each toAvnship as 
soon as practicable and necessary, where the poor shall be taught 
gratis. 

Sec. '2. The general assembly shall take measures for the improve- 
ment of such lands as have been, or hereafter may be, granted by the 
United States to this State for the support of a seminary of learning, 
and the funds accruing from such lands, bj'^ rent or lease, or in any 
other manner, or which may be obtained from any other source, for 
the purposes aforesaid, shall be and remain a permanent fund to sup- 
port- a university for the promotion of literature and of the arts and 
sciences, and it shall be the duty of the general assembly, as soon as 
may be, to provide effectual means for the improvement of such lands, 
and for the improvement and permanent security of the funds and 
endowments of such institution. 

Article VII 

OF INTERNAL IMPROVEMENT 

Internal improvement sliall forever be encouraged by the govern- 
ment of this State, and it shall be the duty of the general assembly, 
as soon as may be, to make provision by law for ascertaining the most 
])roper objects of improvement, in relation l)oth to roads and navig- 
able waters; and it shall also be their duty to provide by law for a 
systematic and economical application of the funds appropriated to 
those objects. 



Missouri— 1820 2161 

Article VIII 

OF BANKS 

The general assembly may incorporate one banking company, and 
no more, to be in operation at the same time. 

The bank to be incorporated may have any number of branches not 
to exceed five, to be established by law. and not more than one branch 
shall be established at any one session of the general assembly. The 
capital stock of the bank to be incorporated shall never exceed five 
millions of dollars, at least one-half of which shall be reserved for the 
use of the State. 

Article IX 

or THE MILITIA 

Section 1. Field-officers and company-officers shall be elected by 
the persons subject to militia duty within their respective commands. 
Brigadiers-general shall be elected by the field-officers of their respec- 
tive brigades, and majors-general by the brigadiers and field-officers 
of their respective divisions, until otherwise directed by law. 

Sec. 2. General and field officers shall appoint their officers of the 
staff. 

Sec. 3. The governor shall appoint an adjutant-general, and all 
other militia officers whose appointments are not otherwise provided 
for in this constitution. 

Article X 
OF :\iiscellaneous provisions 

Section 1. The general assembly of this State shall never interfere 
with the primary disposal of the soil of the United States, nor with 
any regulation Congress may find necessary for securing the title in 
such soil to the bona ^ide purchasers. Xo tax shall be imposed on 
lands the property of the United States, nor shall lands belonging to 
persons residing out of the limits of this State ever be taxed higher 
than the lands l^elonging to persons residing within this State. 

Sec. 2. The State shall have concurrent jurisdiction on the river 
Mississippi, and on every other river bordering on the said State, so 
far as the said river shall form a common boundary to the said State 
and any other State or States, now or hereafter to be formed, and 
bounded by the same; and the said river Mississippi, and the naviga- 
ble rivers and waters leading into the same, whether bordering on or 
within this State, shall be common highways, and forever free to the 
citizens of this State and of the United States, without any tax, duty, 
impost, or toll therefor imposed by the State. 

Article XI 

OF TTIK PKKALVNKNI' SKAT (»F OOVERX.MEXT 

Section 1. The general assenil)ly, at their first session, shall appoint 
five commissioners for the purpose of selecting a place for the perma- 
nent seat of government, whose duty it shall be to select four sections 

725.3— VOL 3—07 22 



2162 Missouri— 1820 

of the land of the United States which shall not have been exposed to 
public sale. 

Sec. 2. If the commissioners believe the four sections of land, so by 
them to be selected, be not a suitable and proper situation for the 
permanent seat of government, they shall select such other place as 
they may deem most proper for that purpose, and report the same to 
the general assembly at the time of making their rej^ort provided for 
in the first section of this article: Pro ruled, That no place shall be 
selected which is not situated on the bank of the Missouri River, and 
within forty miles of the mouth of the river Osage. 

Sec. 3. If the general assembly determine that the four sections of 
land which may be selected by authority of the first section of this 
article be a suitable and proper place for the permanent seat of gov- 
ernment, the said commissioners shall lay out a town thereon, under 
the direction of the general assembh^; but if the general assembly 
deem it most expedient to fix the permanent seat of government at the 
place to be selected by authority of the second section of this article, 
they shall so determine, and in that event shall authorize the said 
commissioners to purchase any quantity of land, not exceeding six 
hundred and forty acres, which may be necessary for the purpose 
aforesaid; and the place so selected shall be the permanent seat of 
government of this State from and after the first day of October, one 
thousand eight hundred and twenty-six. 

Sec. 4. The general assembly, in selecting the above-mentioned 
commissioners, shall choose one from each extreme part of the State, 
and one from the centre, and it shall require the concurrence of at 
least three of the commissioners to decide upon any part of the duties 
assigned them. 

Article XII 

MODE OF AMENDING THE CONSTITUTION 

The general assembly may at any time propose such amendments 
to this constitution as two-thirds of each house shall deem expedient, 
which shall be published in all the newspapers published in this 
State three several times, at least twelve months before the next gen- 
eral election ; and if, at the first session of the general assembly after 
such general election, two-thirds of each house shall, by yeas and nays, 
ratify such proposed amendments, they shall be valid, to all intents 
and purposes, as parts of this constitution : Prorided^ That such pro- 
posed amendments shall be read on three several days, in each house, 
as well when the same are proposed as when they are finally ratified. 

Article XIII 

DECLARATION OF RIGHTS 

That the general, great, and essential principles of liberty and free 
government may be recognized and established, we declare — 

« Section 1. That all political power is vested in, and derived from, 
the people. 

Sec. 2. That the people of this State have the inherent, sole, and 
exclusive right of regulating the internal government and police 

a " Section '" in tbis Declaratiou is omitted in the original. 



Missouri— 18W 2163 

thei-eof, and of altering and abolishing their constitution and form of 
government whenever it may be necessary to their safety and happi- 
ness. 

Sec. 3. That the people have the right peaceably to assemble for 
their common good, and to apply to those vested with the powers of 
government for redress of grievances, by petition or remonstrance; 
and that their right to bear arms in defence of themselves and of the 
State cannot be questioned. 

Sec. 4. That all men have a natural and indefeasible right to 
worship Almighty God according to the dictates of their own con- 
sciences; that no man can be compelled to erect, support, or attend 
any place of worshi[), or to maintain any minister of the gospel or 
teacher of religion ; that no human authority can control or interfere 
with the rights of conscience; that no person can ever be hurt, 
molested, or restrained in his religious profession or sentiments, if he 
do not disturb others in their religious worship. 

Sec. 5. That no person, on account of his religious opinions, can 
be rendered ineligible to any office of trust or profit under this State ; 
that no preference can ever be given by law to any sect or mode of 
worship; and that no religious corporation can ever be established 
in this State. 

Sec. G. That all elections shall be free and equal. 

Sec. 7. That courts of justice ought to be open to every person, and 
certain remedy afforded for every injury to person, property, or 
character; and that right and justice ought to be administered with- 
out sale, denial, or delay; and that no private property ought to be 
taken or applied to public use without just compensation. 

Sec. 8. That the right of trial by jury shall remain inviolate. 

Sec. 9. That in all criminal prosecutions, the accused has the right 
to be heard by himself and his counsel; to demand the nature and 
cause of accusation; to have compulsory process for witnesses in his 
favor; to meet the witnesses against him face to face; and, in prose- 
cutions on presentment or indictment, to a speedy trial, by an im- 
partial jury of the vicinage; that the accused cannot be compelled to 
give evidence against himself, nor be deprived of life, liberty, or 
property but by the judgment of his peers, or the law of the land. 

Sec. io. That no person, after having been once acquitted by a 
jury, can, for the same offence, be again put in jeopardy of life or 
limb; but if in any criminal prosecution the jury be divided in 
opinion at the end of the term, the court before which the trial shall 
be had may, in its discretion, discharge the jury, and commit or bail 
the accused for trial at the next term of such court. 

vSec. 11. That all persons shall be bailable by sufficient sureties, 
exce])t for capital offences, when the proof is evident or the presump- 
tion great ; and the privilege of the writ of habeas corpus can not be 
suspended, unless when, in cases of rebellion or invasion, the public 
safety may require it. 

Sec. 12. That excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments inflicted. 

Sec. 13. That the people ought to be secure in their persons, papers, 
houses, and effects from unreasonable searches and seizures; and no 
warrant to search any place, or to seize any person or thing, can issue 
without describing the place to be searched, or the person or thing to 
be seized, as nearly as may be, nor without probal)]e cause, supported 
by oath or affirmation. 



2164 Missouri— 1820 

Sec. 14. That no person can. for an indictable offence, be proceeded 
against criminally, by information, except in cases arising in the land 
or naval forces, or in the militia when in actual service, in time of 
war or public danger, or by leave of the court, for oppression or 
misdemeanor in office. 

Sec. 15. That treason against the State can consist only in levying 
war against it. or in adhering to its enemies, giving them aid and 
comfort : that no person can be convicted of treason unless on the tes- 
timony of tAvo witnesses to the same overt act. or on his own con- 
fession in open court ; that no person can be attainted of treason or 
felony by the general assembly ; that no conviction can work corrup- 
tion of blood, or forfeiture of estate ; that the estates of such persons 
as may destroy their OAvn lives shall descend or vest as in cases of 
natural death; and when any person shall be killed by casualty, there 
ought to be no forfeiture by reason thereof. 

Sec. 16. That the free communication of thoughts and opinions is 
one of the invaluable rights of man, and that every person may freely 
speak, write, and print on any subject, being responsible for the abuse 
of that liberty; that in all prosecutions for libels the truth thereof 
may be given in evidence, and the jury may determine the law and 
the facts, under the direction of the court. 

Sec. 17. That no ex post facto law, nor law impairing the obliga- 
tion of contracts, or retrospective in its operations, can be passed ; nor 
can the person of a. debtor be imprisoned for debt after he shall have 
surrendered his property for the benefit of his creditors in such 
manner as may be prescribed by law. 

Sec. 18. That no person who is religiously scrupulous of bearing 
arms can be compelled to do so, but may be compelled to pay an 
equivalent for military service, in such manner as shall be prescribed 
by law ; and that no priest, preacher of the gospel, or teacher of any 
religious persuasion or sect, regularly ordained as such, be subject 
to militia duty, or compelled to bear arms. 

Sec. 10. That all property, subject to taxation in this State, shall 
be taxed in proportion to its value. 

Sec. 20. That no title of nobility, hereditary emolument, privilege, 
or distinction shall be granted nor any office created, the duration of 
which shall be longer than the good behavior of the officer appointed 
to fill the same. 

Sec. 21. That emigration from this State can not be prohibited. 

Sec. 22. That the military is, and in all cases and at all times shall 
be, in strict subordination to the civil power; that no soldier can, in 
time of peace, be quartered in any house without the consent of the 
owner nor in time of war but in such manner as may be prescribed by 
law; nor can any appropriation for the support of an army be made 
for a longer period than two years. 

Schedule 

Section 1. That no inconvenience may arise from the change of 
government, we declare, that all writs, actions, prosecutions, judg- 
ments, claims, and contracts of individuals and of bodies-corporate 
shall continue as if no change had taken place; and all process which 
may, before the third Monday in September next, be issued under 



Missouri~lS20 21 Of) 

the antlioritv of llie Territory ol" Missomi shall Ik* as valid as if 
issued in the name of the State. 

Sec. 2. All laws now in force in the Territory of Missouri, \\hie!i 
are not repugnant to this constitution, shall remain in force until they 
expire by their own limitations, or be altered or i-ei)ealed by the 
general assembly. 

Sec. 3. All tines, penalties, forfeitures, and escheats, accruing to 
the Territory of Missouri, shall accrue to the use of the State. 

Sec. 4. All recognizances heretofore taken, or which may be taken 
before the third Monday in Sej)teniber next, shall remain valid, aiul 
shall pass over to and may be prosecuted in the name of the State; 
and all bonds executed to the governor of the Territory, or to any 
other officer or court, in his official capacity, shall pass over to the 
governor, or other proper State authority, and to theii' successors in 
office, for the uses therein respectively expressed, and may be sued for 
and recovered accordingly. All criminal i)rosecutions and ])enal 
actions which have arisen, or which may arise before the third Mon- 
day in September next, and which shall then be dei)ending, shall be 
prosecuted to judgment and execution in the name of the State. All 
actions at law which now are, or which, on the third Monday in 
September next, may be depending in any of the courts of record in 
the Territory of Missouri may be connnenced in or transferred to any 
court of record of the State Avhich shall have jurisdiction of the sub- 
ject-matter thereof; and all suits in equity may, in like manner, be 
commenced in or transferred to the court of chancery. 

Sec. 5. All officers, civil and militaiy, now holding connnissions 
under the authority of the United Stivtes, or of the Territory of Mis- 
souri, shall continue to hold and exercise theii- res|)ective offices until 
they shall be superseded under the authority of the State; and all 
such officers holding commissions under the authority of the Territory 
of Missouri shall receive the same compensation which they hitherto 
received, in proportion to the time they shall be so emphn'ed. 

Sec. (■>. The first meeting of the general assembly shall be at Saint 
Louis, with power to adjourn to any other j)lace; and the genei-al 
assembly, at the hrst session thereof, shall fix the seat of government 
until the first day of October, eighteen hundred and twenty-six: and 
the first session of the general assembly shall have power to fix the 
compensation of the members thereof; anything in the constitution 
to the contrary notwithstanding. 

■ Sec. 7. Until the first enumeration shall be made, as directed in 
this constitution, the county of Howard shall be entitled to eight 
representatives, the county of Cooper to four representatives, the 
county of Montgomery to two i-ejjresentatives, the county of I^incoln 
to one representative, the county of Pike to tAvo rei)resentatives. the 
county of Saint Charles to three representatives, the county of Saint 
Louis to six representatives, the county of Franklin to two represent- 
atives, the county of Jefi'erson to one representative, the county of 
Washington to two representatives, the county of Saint Genevieve 
to four i-ejH'esentatives, the county of Cape Girardeau to four repre- 
sentatives, the county of New Madrid to two repivsentatives, the 
county of Madison to one representative, the county of Wayne to one 
representative, and that part of tlie county of Saint Lawi-ence situ- 
ated within this State, shall attach to and form pait of the c(.Miity 



216G Missouri— 1820 

of Wayne until otherAvise provided, by law, and the sheriff' of the 
county -of Wayne shall appoint the judges of the first election, and 
the place of holding the same, in the part thus attached; and any 
person who shall have resided within the limits of this State five 
months previous to the adoption of this constitution, and who shall 
be otherwise qualified as prescribed in the third section of the third 
article thereof, shall be eligible to the house of representatives, any- 
thing in this constitution to the contrary notwithstanding. 

Sec. 8. For the first election of senators, the State shall be divided 
into districts, and the apportionment shall be as follows, that is to 
sa3% the counties of Howard and Cooper shall compose one district 
and elect four senators, the counties of Montgomery and Franklin 
shall compose one district and elect one senator, the county of Saint 
Charles shall compose one district and elect one senator, the counties 
of Lincoln and Pike shall compose one district and elect one senator, 
the county of Saint Louis shall compose one district and elect two 
senators, the counties of Washington and Jefferson shall compose one 
district and elect one senator, the county of Saint Genevieve shall 
compose one district and elect, one senator, the counties of Madison 
and Wayne shall compose one district and elect one senator, the coun- 
ties of Ca})e Girardeau and New Madrid shall compose one district 
and elect two senators; and in all cases where a senatorial district 
consists of more than one county, it shall be the duty of the clerk of 
the county second named in that district to certif}^ the returns of the 
senatorial election within their proper county to the clerk of the 
county first named, within five daj^s after he shall have received the 
same; and any person who shall have resided within the limits of 
this State five months ]:)revions to the adoption of this constitution, 
and who shall be otherwise qualified as prescribed in the hfth section 
of the third article thereof, shall be eligible to the senate of this 
State, anything in this constitution to the contrary notwithstanding. 

Sec. 9. The president of the convention shall issue writs of election 
to the sheriffs of the several counties, or in case of vacancy to the 
coroners, requiring them to cause an election to be held on the fourth 
Monday in August next, for a governor, a lieutenant-governor, a 
Representative in the Congress of the United States, for the residue 
of the Sixteenth Congress, a Representative for the Seventeenth Con- 
gress, senators and representatives for the general assembly, sheriffs 
and coroners, and the returns of all township elections, held in pur- 
suance thereof, shall be made to the clerks of the proper county 
within five days after the day of election; and any person who shall 
reside within the limits of this State at the time of the adoption of 
this constitution, and who shall be otherwise qualified as prescribed 
in the tenth section of the third article thereof, shall be deemed a 
qualified elector, anything in this constitution to the contrary not- 
withstanding. 

Sec. 10. The elections shall be conducted according to the existing 
laws of the Missouri Territory. The clerks of the circuit courts of 
the several counties shall certify the returns of the election of gov- 
ernor and lieutenant-governor, and transmit the same to the speaker 
of the house of representatives, at the temporary seat of government, 
in such time that they may be received on the third Monday of 
September next. As soon as the general assembly shall be organized, 



Missouri— 1820 2167 

the speaker of the house of rei^-esentatives, and the president ;;;v) 
tempore of the senate, shall, in the presence of both houses, examine 
the returns, and declare who are duly elected to fill those offices; and 
if any two or more persons shall have an equal number of votes, and 
a higher number than any other person, the general assembly shall 
determine the election in the manner hereinbefore provided; and the 
returns of the election for member of Congress shall be made to the 
secretary of the State within thirty days after the day of election. 

Sec. 11. The oaths of office, herein directed to be taken, may be 
administered by any judge or justice of the peace, until the general 
assembly shall otherwise direct. 

Sec. 12. Until a seal of the State be provided, the governor may 
use his private seal. 

Davu) I>artox. President. 

Wm. G. Pettus, Secretary. * 



ORDINANCE 

An Ordinanr-e declaring the assent of the people of the State of Missouri, by 
their representatives in convention assembled, to certain conditions and i)rovi- 
sions in the act of Congress on the sixth of March, one thousand eight 
hundred and twenty, entitled "An act to authorize the people of Missouri 
Territory to fonn a constitution and State government, and for the admission 
of such State into the Union on aw equal footing with the original States, 
and to prohibit slavery in certain Territories 

Whereas the act of Congress of the United States of America, ap- 
proved March the sixth, one thousand eight liundr(Ml and twenty, 
i:'ntitled "An act to authorize the people of Missouri Territory to 
form a constitution and State government, and for the admission of 
such State into the Union, on an equal footing with the original 
States, and to prohibit slavery in certain Territories," contains cer- 
tain requisitions and provisions, and, among other things, has offered 
to this convention, when formed, for and in behalf of the people 
inhabiting tliis State, for tlieir free acceptance or rejection, the five 
following propositions, and which, if accepted by this convention in 
behalf of the people as aforesaid, are to be obligatory on the United 
States, viz : 

" 1st. That section numbered sixteen in every town.ship, and when 
such section has been sold or otherwise disposed of, other lands 
ecpiivalent thereto, and as contiguous as may be, shall be granted 
to the State, for the use of the inhabitants of such to\vnshi])."f()i' the 
use of schools. 

'"2d. That all salt-springs, not exceeding twelve in number, with 
six sections of land adjoining to each, shall be granted to the said 
State for the use of the saicl State, the same to be selected by the 
legislature of said State, on or before the first day of January, in the 
year one thousand eight hundred and tAventy-five ; and the same, 
when so selected, to be used under such terms, conditions, and regu- 
lations as the legislature of said State .shall direct : ProrUJed. That no 
salt-spring, the right whereof now is, or hereafter shall be, confirmed 
or adjudged to any individual or individuals shall by this section 
be granted to said State: And provided cdso, That the legislature 



2168 Mismun—]Sm 

shall never sell nor lease the same, at any one time, for a lono^ei- 
]:)eriod than ten years, withont the consent of Congress. 

" 3d. That 5 per cent, of the net proceeds of the sale of lands lying 
within said Territory or State, and "which shall be sold b}^ Congress, 
from and after the first day of January next, after deducting all ex- 
pense incident to the same, shall be reserved for making public roads 
and canals, of which three-fifths shall be applied to those objects within 
the State, under the direction of the legislature thereof, and the other 
two-fifths in defraying, under the direction of Congress, the expenses 
to be incurred in making of a road or roads, canal or canals, leading 
to the said State. 

" 4th. That four entire sections of land be, and the same are hereby, 
granted to the said State, for the purpose of fixing their seat of 
government thereon; which said sections shall, under the direction 
of the legislature of said State, be located, as near as may be, in one 
body, at any time, in such townships and ranges as the legislature 
aforesaid may select, on any of the public lands of the United States: 
Provided, That such location shall be made prior to the public sale 
of the lands of the United States surrounding such location. 

'" 5th. That thirty-six sections, or one entire township, which shall 
be designated by the President of the United States, together with 
the other lands heretofore reserved for that purpose, shall be reserA^ed 
for the use of a seminary of learning, and vested in the legislature of 
said State, to be appropriated, solely for the use of such seminary, 
by the legislature: " 

Xow, this convention, for and in behalf of the people inhabiting 
this State, and by the authority of the said people, do accept the five 
before-recited propositions, offered by the act of Congress under 
which they are assembled ; and, in pursuance of the conditions, 
requisitions, and other provisions in the before-recited act of Con- 
gress contained, this convention, for and in behalf of the people 
inhabiting this State, do ordain, agree, and declare that every and 
each tract of land sold by the United States, from and after the first 
day of January next, shall remain exempt from any tax laid by 
order or under the authority of the State, Avhether for State, county, 
or township, or any other purpose whatever, for the term of five 
years from and after the respective days of sale thereof. And that 
the bounty-lands granted, or hereafter to be granted, for military 
services, during the late war, shall, while they continue to be held by 
the patentees or their heirs, remain exempt, as aforesaid, from taxa- 
tion, for the term of three years from and after the date of the pat- 
ents, respect ivelj^; Provided, nevertheless, That if the Congress of 
the United States shall consent to repeal and revoke the following 
clause in the fifth proposition of the sixth section of the act of Con- 
gress before recited, and in these Avords, viz : "" That CA^ery and each 
tract of land sold by the United States, from and after the first day 
of January next, shall remain exemi:)t from any tax, laid by order 
or under the authority of the State, Avhether for State, county, or 
toAvnship, or any other purpose Avhatever, for the term of five years 
from and after the day of sale, and further '' — that this conA^ention, 
for and in behalf of the people of the State of Missouri, do hereby 
ordain, consent, and agree that the same be so reA'oked and repealed; 
without Avhich consent of the Congress as aforesaid, the said clause 



Missouri— 1820 2169 

to leinain in full force and operation as first above provided for in 
this ordinance; and this convention doth hereby request the Con- 
gress of the United States so to modify their third proposition that 
the whole amount of 5 per cent, on the sale of public lands thei-ain 
offered may be applied to the construction of roads and canals, and 
the promotion of education ^vithin this State, under the direction of 
the legislature thereof. And this convention, for and in behalf of 
the people inhabiting this State, and by the authority of the said 
people, do further ordain, agree, and declare that this ordinance shall 
be irrevocable, without the consent of the United States. 

Done in convention, at Saint Louis, in the State of Missouri, this 
nineteenth day of July, in the year of our Lord one thousand eight 
hundred and twenty, and of the Independence of the United States 
of America the forty-fifth. 

By order of the convention : 

Davjd Baktox, Proiidcnt. 

AV,M. (i. Vvnrv^, Secretar'y. 

AMENDMENTS TO THE CONSTITUTION OF 1820' 

(Kiititicd ISL'iii 

Article T. Section 1. The office of chancellor is hereby abolished, 
and the suj^reme courts and circuit courts shall exercise chancery 
jurisdiction, in such manner and under such restrictions as shall be 
prescribed by law. 

Sec. 2. The judicial power, as to matters of law and equity, shall be 
vested in a supreme court, in circuit courts, and in such inferior 
tribunals as the general assembly may, from time to time, ordain and 
establish: Pror'ided, The general assembly nuiy establish a court or 
courts of chancery, and, from time to time, prescribe the jurisdiction. 
l)owers, and duties thereof. 

Sec. 3. The judges of the supreme court, and the judges of the cir- 
cuit courts, and chancellor shall, at stated times, receive a compensa- 
tion for their services, to be fixed by law. 

Sec. 4. Xo person holding an office of profit under the United 
States, and commissioned by the President, shall, during his continu- 
ance in such office, be eligil)le, ap])ointed to, hold, or exercise any office 
of profit under this State. 

Sec. 5. So much of the thirteenth section of the fourth article of 
the constitution of this State as provides that the compiMisatioii of the 
governor shall never be less than two thousand dollars annually, shall 
be repealed. 

Sec. 6. So much of the thirteenth section of the fifth article of the 
constitution of this State as provides that the comj^ensation of the 
judges of the sujneme and circuit courts, and chancellor, shall never 
be less than two thousand dollai's annually, shall l)e i'e])eale(l. 

Sec. 7. The offices of the judges of the supreme court, and of the 
judges of the circuit courts, shall expire at the end of the first session 

"The aiuenflments to tlie constitution of 1820, adopted i)rior to, and in 1801. 
were framed by the lejiislature. in nccordance with Article XII. The otliers 
were framed hy ;i State convention v.-hich met Febrnary "28. 1801, and, after 
repeated adjournments, comph'ted its labors ,Iuly 1, 18():{. 



2170 Missouri— 1820 

of the next general assembly of this State, or as soon as their succes- 
sors are, respectively, elected and qualified. 

(Ratified 1834-35) 

Art. II. Section 1. That the offices of the several judges of the 
circuit courts within this State shall be vacated on the 1st day of 
January, 1836. 

Sec. 2. That so much of the fifteenth section of the fifth article of 
the constitution of this State as provides that the courts, respectively, 
shall appoint their clerks, and that they shall hold their offices during 
good behavior, shall be, and the same is hereby, abolished. 

Sec. 3. That the offices of the clerks of the several courts within 
this State shall be vacated on the first day of January, one thousand 
eight hundred and thirty-six ; and the clerks of the circuit and county 
courts of the respective counties shall be elected by the qualified elect- 
ors of their respective counties, and shall hold their offices for the 
term of six years, and until their successors are duly elected, commis- 
sioned, and qualified. 

Sec. 4. That the boundary of the State be so altered and extended 
as to include all that tract of land lying on the north side of the Mis- 
souri River, and west of the present boundary of this State, so that 
the same shall be bounded on the south by the middle of the main 
channel of the Missouri River, and on the north by the present north- 
ern boundary-line of the State, as established by the constitution, 
when the same is continued in a right line to the west, or to include so 
much of said tract of land as Congress may assent. 

(Ratified 1848-49) 

Art. III. The house of representatives shall consist of members to 
be chosen every second year, by the qualified electors of the several 
counties, apportioned in the following manner, to wit : The ratio of 
representation shall be ascertained at each apportioning session of the 
legislature by dividing the whole number of jDermanent free white 
inhabitants of the State by the number of one hundred and forty: 
each county having said ratio, or less, shall be entitled to one repre- 
sentative; each county having said ratio and a fraction over equal to 
three-fourths, shall be entitled to two representatives ; each county hav- 
ing three times said ratio, shall be entitled to three representatives; 
each county having four times said ratio and a fraction over equal to 
(me-half, shall be entitled to four representatives; each county having 
six times said ratio, shall be entitled to five representatives; each 
county having eight times said ratio, shall be entitled to six repre- 
sentatives; each county having ten times said ratio, shall be entitled 
to seven representatives; each county having thirteen times said ratio, 
shall be entitled to eight representatives; each county having fifteen 
times said ratio, shall be entitled to nine representatives ; each county 
having eighteen times said ratio shall be entitled to ten representa- 
tives ; each county having twenty-two times said ratio, shall be enti- 
tled to eleven representatiA^es; each county having twenty-four times 
said ratio, shall be entitled to twelve representatives; any county hav- 
ing more than twenty-four times said ratio, shall be represented in 
the sa Tie proportion. And the general assembly Avhich shall meet in 



Missouri— 1820 2171 

the \'ear eighteen hundred and forty-oight, and every fourth year 
thereafter, shall apportion the number of representatives among the 
several counties as herein directed. And the members of the general 
assembly shall receive, as compensation for their services, not to ex- 
ceed three dollars per clay for the first sixty days; and after that 
time not to exceed one dollar per day for the remainder of the session ; 
except at a revising session, they may receive a compensation not to 
exceed three dollars j^cr day for the hrst one hundred days, and one 
dollar ])er day for the remainder of the session ; but the general assem- 
bly may allow a greater compensation to the presiding officer of each 
house. Xo county now established by law shall ever be reduced, by 
the establishment of new counties, to less than twenty miles square, 
nor to less than five hundred square miles, nor below the ratio of 
representation then required: nor shall any county be hereafter estab- 
lished containing le^s than five hundred square miles; nor shall any 
county hereafter established be. entitled to separate representation, 
unless the number of ])ermanent free Avhite inhabitants therein shall 
at the time be equal to three-fourths of the ratio of representation 
then being, but may be organized with a smaller number for all other 
purposes, civil and military. The second, fourth, twenty-fourth, and 
thirty-fourth sections of the third article of the constitution are 
hereby abolished. 

Art. IV. The thirteenth section of the fifth article of the constitu- 
tion is hereby abolished, and the following is adopted in lieu thereof: 

" The governor shall nominate and, by and with the advice and 
consent of the senate, appoint the judges of the supreme court and 
the judges of the circuit courts. 

" Each judge of the supreme court shall be appointed for the term 
of twelve years, and each judge of the circuit courts shall be appointed 
for the term of eight years; and every appointment to fill a vacancy 
shall be for the residue of the term only; but in all cases the judge 
shall continue in office until a successor shall be apjiointed and (]uaii- 
fied. The judges of the supreme and circuit courts shall be eligible 
to reappointment. The offices of the several supreme and circuit 
judges shall be vacated on the first day of ]\Iarch, eighteen hundred 
and fort^'-nine.-" " 

Art. V. If there be a vacancy in the office of judge of any circuit, 
or if he be sick, absent, or from any cause unable to hold any term of 
court of any county of his circuit, such term of court may be held b\ 
a judge of any other circuit; and, at the request of the judge of any 
circuit, any term of court in his circuit may be held by the judge of 
any other circuit. 

(Ratified isr/t-ni ) 

Art. VI. Sfxtiox 1. That hereafter the judgesof the supreme court 
shall be elected by the qualified electors of the State; and each shall 
hold his office for the term of six years only, but may continue in 
office until his successor shall be elected and qualified; and if any 
vacancy shall happen in the office of any judge of the supreme couri 
by death, resignation, removal out of the State, or by any other 

"This article was abolislied by the .ndoption of Artifles VI nnd VII of nmend- 
iiieuts. 



2172 Missouri— ISW 

disqualification, the govoi'iior shall, upou Ueino- satisfiod that a \i\- 
(•aiicy exists, issue a writ of election to fill such vacancy; 1)ut every 
election to fill a vacancy shall be for the residue of the term oidy. 
The general assembly shall provide by law for the election of said 
judges by the qualified voters in the State; and in case of a tie, 
or a contested election, between the candidates, tlie same shall be 
determined in the manner to be prescribed by law ; and the general 
assembly shall also provide for an election to fill any vacancy which 
shall occur at any time within twelve months preceding a general 
election for said judges. The first general election for supreme-court 
judges shall be on the first Monday in August, A. D. 1851, and on the 
first Monday in August every six years thereafter. If a vacancy 
shall occur in the office of a supreme-court judge, less than twelve 
months before a general election for said judges, such vacancy shall 
be filled by an appointment by the governor; and the judge so ap- 
pointed shall hold his office only until the next general election for 
said judges. 

Sec. 2. The offices of the several supreme-court judges shall be 
vacated on the first Monday in August, A. D. IS^l ; and all parts of 
the original constitution, or of any amendment thereto, inconsistent 
with or repugnant to this amendment are hereby abolished. 

Art. VII. That so much of the thirteenth section of the fifth article 
of the constitution of this State, ratified at the present session of the 
general assembly, as provides that the governor shall nominate and, 
by and with the advice and consent of the senate, appoint the judges 
of the circuit courts, and that each judge of the circuit courts 
shall be appointed for the term of eight years, and that every ap- 
pointment to fill a vacancy of such judge shall be for the residue 
of the term only, is hereby abolished; and hereafter each judge 
of the circuit courts shall be elected by the qualified electors of 
their respective circuits, and shall be elected for the term of six 
years, but may continue in office until his successor shall be elected 
and qualified ; and if an}^ vacancy shall happen in the office of any 
circuit judge, by death, resignation, removal out of his circuit, or by 
any other disqualification, the governor shall, upon being satisfied 
that- a vacancy exists, issue a writ of election to fill such vacancy: 
Provided^ That said vacancy shall ha])pen at least six months before 
the next general election for said judge; but if such A^acancy shall 
happen within six months of the general election aforesaid, the gov- 
ernor shall appoint a judge for such circuit; but every such election 
or appointment. to fill a vacancy shall be for the residue of the term 
only. And the general assembly shall provide by law for the election 
of said judges in their respective circuits; and in case of a tie or con- 
tested election between the candidates, the same shall be determined 
in the manner to be prescribed by law. And the general assembly 
shall provide by law^ for the election of said judges in their respective 
circuits, to fill any vacancy which shall occur at any time at least six 
months before a general election for said judges. The first general 
election for circuit judges shall be on the first Monday in August, 
A. D. 1851, and on the first Monday in August every six years there- 
after. No judicial circuit shall be altered or changed at any session 
of the general assembly next preceding the general election for said 
judges. The offices of the several circuit judges shall be vacated on 
the first Monday in August, A. D. 1851. 



Missouri— 18W 2173 

Art. VIII. Section 1. That the twenty-first section of the fourth 
article of the Constitution of the State of Missouri be, and the same 
is hereby, abolished. 

Sec. 2. There shall be a secretary of state, who shall be elected by 
the qualified voters of this State, at such time and in such manner as 
shall be provided by law. He shall hold his office for four years, 
unless sooner removed by an impeachment. He shall keep a register 
of the official acts of the g-overnor. and. when necessary, shall attest 
them, and he shall lay the same, together with all papers relating 
thereto, before either house of the general assembly, whenever 
required so to do, and shall perform such other duties as may be 
enjoined on him by law. 

Sec. 3. The eighteenth section of the fifth article of the constitution 
of the State of Missouri is hereby abolished. 

Sec. 4. There shall be an attorney-general, who shall be elected by 
the qualified voters of this State,' at such times and in such manner as 
shall be provided by law. He shall remain in office four years, and 
shall perform such duties as shall be required of him by law. 

Sec. 5. The twelfth section of the fourth article of thef constitution 
of this State is hereby abolished. 

Sec. T). There shall be an auditor of public accounts, who shall be 
elected by the qualified voters of this State, at such times and in such 
manner as shall be provided by law. He shall remain in office four 
years, and shall perform such duties as shall be required of him b}'' 
law. His office shall be kept at the seat of government. 

Sec. 7. The thirty-first section of the third article of the constitu- 
tion of this State is hereby abolished. 

Sec. 8. A State treasurer shall be elected by the qualified voters of 
this State, at such times and in such manner as shall be i)rovided by 
law. who shall continue in office for four years, and who shall keep 
his office at the seat of government. Xo money shall be drawn from 
the treasury l)ut in consequence of appropriations made by law, and 
an accurate account of the receipts and expenditures of the public 
money shall annually be published. 

Sec. 9. There shall be a register of lands elected by the qualified 
voters of this State, at such time and in such manner as shall be pro- 
vided by law. He shall hold his office for four years, shall keep his 
office at the seat of government, and shall ])erform such duties as 
shall be recjuired of him by law. 

(Ratified 1852-.">8) 

Art. TX. The legislature shall have no power to grant divorces, but 
may authorize the courts of justice to grant them, for such causes as 
may be specified by law : Pi'o/nded, That such laws be general and 
uniform in their operation throughout the State. 

(Uiititiod IS.")-!-.")) 

Art. X. That all that territory now known as the county of 
Schuyler is ]iei'el)y declared to coustitute a coustitntional county, and, 
as such, shall be entitled to all the privileges, civil and political, which 
now belong to any coinUy within the State of Missouri. 

Article eight of the constitution of the State of Missouri, respecting 
banks, be, and the same is hereby, abolished, and the following sub- 
stituted in lieu thereof: 



2174 Missouri— 1861— 1863 

"Art. VIII. The general assembly shall have power to establish 
such bank or banks as may be deemed necessary for the interests of 
the State ; but every bank so established shall be based upon a specie 
capital, and made liable to redeem its issues in gold or silver: Pro- 
vided, That the number of banks chartered shall never exceed ten, 
and the aggregate amount of capital shall never exceed twenty mil- 
lions of dollars." 

(Ratified 1859) 

The public debt of this State, created by the issue of bonds or other 
State securities, or by incurring any State liability wdiatever, for the 
prosecution of internal improvements, or for any other purpose, shall 
never exceed the sum of thirty millions of dollars; and the legisla- 
ture shall have no power to create any State liability beyond this 
amount, except to repel invasion, or to suppress insurrection or civil 

war. 

(Ratified 1861) 

The general assembly shall have power to establish a county, con- 
sisting of alLthat territory lying within the following limits, wdiich 
shall possess and enjoy all the powers and privileges of any county 
now established, anything in the third article of amendments to the 
constitution to the contrary notwithstanding; namely, the territory 
lying between the northern boundary of Gentry County proper and 
the northern boundary of the State of Missouri, and between the 
former western boundary of said State and the line dividing ranges 
tAventy-nine and thirty west of the fifth principal meridian. 

ORDINANCES OF THE CONVENTION OF MISSOURI— 1861-'63 * « 

AMENDING THE CONSTITUTION OF 1820 

The people of the State of Missouri, hy their delegates in conten- 
tion assembled, do oirlain as follows : 

First. That the offices of governor, lieutenant-governor, secretary 
of state, and members of the general assembly be, and the same are 
hereby, vacated. 

* Journal and Proceedings of the Missouri State Convention Held at .Jefferson 
City and St. Louis, March, 1861. St. Louis : George Knapp & Co.. Printers and 
Binders. 1861. pp. C.5. pp. 269. 

Also, .Journal of the ^Missouri State Con\ention IJeld at .Jefferson City. July, 

1861. St. Louis: George Ivnapp & Co.. Printers and Binders. 1S()1. pp. 136. 
Journal of the Missouri State Convention Held at the City of St. Louis, 

October, 1861. St. I^ouis : George Ivnapp & Co., Printers and Binders, 1861. 
pp. 111. 

Journal of the ^Missouri State Convention, held in Jefferson City, June 1862. 
St. Ijouis : George Ivnapp and Co.. Printers and Binders. 1862. pp. o2. 

Proceedings of the Missouri State Convention, held in Jefferson City. June 

1862. St. Louis : Geoi^e Knapp & Co., Printers and Binders. 18(52. pp. 2.53. 
Journal of the Missouri State Convention Held in Jefferson City, June. 1863. 

St. Louis : George Knapp & Co.. Printers and Binders, 1863. pp. 54. Appendix, 
pp. 16. 

Proceedings of the State Convention Held in Jefferson City June, 1863. St. 
Louis : George Knapp & Co.. Printers and Binders, 1863. pp. 380. 

a These ordinances were passed by a regularly-convened State convention 
which assembled at Jefferson City February 28. 1861. and adjourned March 22. 
1861 ; reasseniiiled July 22. 1861. and adjourned July 31 ; reassembled October 
10, 1861. and adjourned October 18; reassemlded June 2. 1862. and adjourned 
June 14; reassembled June 15, 1863, and adjourned sine die July 1. 1863. 



Missouri— 1861— 1863 2175 

Seeand. A governor, lieuleiiant-goveruor, and secretary of state 
shall be appointed by this convention to discharge the duties and 
exercise the powers which pertain to their respective offices by the 
existing laws of the State, and to continue in office until the first 
Monday of Xovember, 1861, and until their successors are elected 
and qualified, or until the qualified voters, as hereinafter provided, 
disapprove the action of this convention. 

Third. On the first Monday of November, 18()i, a governor, lieu- 
tenant-governor, and secretary of state, and members of the general 
assembly, shall be elected by the qualified voters of this State, to hold 
their offices during the term for which the present incumbents of said 
offices Avere elected. 

Fovrtli. The elections provided to be held by this ordinance on the 
first Monday of November, 1801, shall be conducted in the same man- 
ner in all respects as is now provided by the election laws of* this 
State now in force, and shall be held l)y the qualified voters of the 
State, at the same place in the election precincts now established by 
law where the elections were held for delegates to this convention on 
the ISth day of February last; and in case any clerk shall fail to make 
out the proper poll-books, or in case any sheriff shall fail to deliver 
the same to the judges of election, then the clerks of the election may 
proceed to make out such poll-books. 

Fifth. In case the clerks of the several courts, whose duty it is as 
now ])rovided by law to certify and send up to the secretary of state 
an abstract of the votes given at such elect ioji, or in case there should 
be a failure to receive such returns at the seat of government within 
twenty days after the first Monday of November, 1861, the' secretary 
of state shall dispatch a messenger to the county not returned, with 
directions to bring up the poll-books authorized to be retained by 
the judges of election, and the secretary of state, in the presence of 
the governor, shall proceed to cast up the votes given at.such election, 
and shall thereupon proceed to issue commissions to the candidates 
having the highest number of votes. 

Si.rtlt. lie it further ordained., That the returns of the election for 
governor, lieutenant-governor, and secretary of state, provided for by 
this ordinance, shall be made to the office of the secretary of state as 
now provided by laAv ; and the secretary of state, within forty days 
after the first Monday of November, 1801, or sooner if the returns 
shall have been made, shall, in the presence of the governor, i)r(K'eed 
to cast uj) the votes given at said election for governor, lieutenant- 
governor, and secretary of state; and shall give to the ])ersons having 
the highest number of votes for these offices respectively certilicates 
of their election; and the persons so elected shall innnediately there- 
after be qualified and enter upon the discharge of the duties of their 
respective offices. 

Adopted, July 80, 18()1. 

CONCERNING THE ABROGATION OF CERTAIN LAWS. 

Whereas the general assembly of the State of Missouri did, in secret 
session, contrary to the known wishes of their constituents, in viola- 
tion of the constitution and the dearest rights and interests of the 
people, and for the pur})ose of dissolving the |)olitical rehitions of this 
State to the Government of the United States, and subverting the 



2176 Missouri— 1861— 1863 

institutions of this State, enact certain odious laws hereinafter enu- 
merated : Therefore, 

First. Be it ordained hy the people of Mhsouti^ in connention 
asseinbled^ That an act entitled "An act to provide for the organiza- 
tion, government, and support of the military forces of the State of 
Missouri," approved May 14, 1801 ; also, an act to create a military 
fund for the State, entitled "An act to raise money to arm the State, 
repel invasion, and protect the lives and property of the people of 
Missouri," approved May 11, 1801: also, an act entitled "An act to 
authorize the appointment of one major-general for the Missouri 
militia," approved May 15, 1801 : also, a " Joint resolution to suspend 
the apportionment of the State school-money for the year 1801," 
approved May 11. 1801; also, an act entitled "An act to perpetuate 
friendly relations with the Indian tribes," approved May 11, 1801; 
be, and the same are hereby, repealed and declared of no» effect or 
validity whatever. 

Second. That all commissions issued or appointments made under 
the authority of the above-recited acts, or any of them, be. and the 
same are hereby, annulled ; and all soldiers and other persons serving 
or employed under any of said acts are hereby disbanded and dis- 
charged from such service or employment. 

Third. And he it further ordained, That for the purpose of pro- 
viding for the organization of the militia of the State, the following 
act, to wit; an act entitled "An act to govern and regulate the volun- 
teer militia of the State," approved December 31. 1859, be. and the 
same is hereby, revived and declared to be in full force and effect. 

Adopted, July 30, 1801. 

SUBMITTING THE ACTION OF THE CONVENTION TO THE PEOPLE 

Be it ordained hy the people of Missouri, in convention ai<semhled, 
That at the election provided to be held on the first Monday of 
November, eighteen hundred and sixty-one, for the election of gover- 
nor, lieutenant-governor, secretary of state, and members of the gen- 
eral assembly, the several clerks of the county courts, or, in case said 
clerks shall fail, then the clerks of the election, in making the poll- 
books for the election, shall provide two columns, one headed " For 
the action of the convention," and the other "Against the action of 
the convention ; " and if a majority of the legal votes given upon the 
action of the convention be for the same, then the officers elected shall 
hold their offices as provided by the ordinance for their election ; but 
if a majority of the votes cast as aforesaid be against the action of 
the convention, then said election shall be null and void, and the per- 
sons so chosen shall not enter upon the discharge of the duties of 
their offices, the officers chosen by this convention shall go out of office, 
and the ordinance of this convention providing for the abrogation 
of certain acts of the legislature shall thereafter be of no force or 
effect whatever. The returns of the votes so cast on the action of the 
convention shall be made to the office of secretary of state in the same 
manner as is provided by ordinance of this convention in regard to 
ihe offices of governor, lieutenant-governor, and secretary of state, 
and the votes shall i)e cast ujj by the same officer; and when the result 



Missouri— 1861— 1863 2177 

thereof sliall be ascertained, the govenior appointed by this conven- 
tion shall, by public proclamation, announce the same, which 
l^roclamation shall be hied in the office of secretary of state. 
Adopted, July 30, 1861. 

CIIAXCJING THE TIME OF HOLDING THE ELECTIONS 

Whereas this conyention did, during- its session at Jefferson City, 
on the 30th day of July. A. D. 18(51, ado[)t an ordinance providing for 
the election of certain State officers, and also an ordinance providing 
for submitting its action to the people of the State of Missouri, and 
appointing a time therefor; and whereas it is manifest that, by 
reason of the disturbed condition of the State, it will be impossible, 
at the time so appointed, to elicit a fair expression of the po])ular 
will r Therefore, 

Be it ordained bjj tlie people of the SState of Missoitri, irt eoncention 
assemhled^ as follows, to wit: 

First. That so nnich of an ordinance entitled "An ordinance pro- 
viding for certain amendments to the constitution," (adopted on the 
30th clay of July, A. D, 1861,) as provides for the election of a gov- 
ernor, lieutenant-governor, secretary of state, and members of the 
general assembly, on the first Monday of Xovember, A. D. 1861, and 
so much of an ordinance entitled "An ordinance for submitting the 
action of this convention to a vote of the people of Missouri,"' 
(adopted on the same day,) as provides for submitting the action of 
this convention to a vote of the people on the first ^londay of Xovem- 
ber, A. D. 1861, be, and the same are hereby, so modified that said 
elections shall not be held on the day therein named, but instead 
thereof shall be held on the first Monda}^ of August, A. D. 1862. 

Second. Said elections, and all other elections held previous thereto, 
shall in all other respects be held, and the returns thereof made, as 
provided in the ordinances heretofore adopted by this convention. 

Third. The governor, lieutenant-governor, and secretary of state 
heretofore appointed by this convention, shall discharge the duties 
and exercise the powers which pertain to their respective offices, and 
continue in office until the first Monday of August, A. D, 1862, and 
until their successors are duly elected and qualified, or imtil the quali- 
fied voters of the State shall disapprove the action of this convention. 

Adopted, October 12, 1861. 

ABOLISHING CERTAIN OFFICES, REDUCING SALARIP:S, AND TESTING THE 
LOYALTY OF CIVIL OFFICERS, AND OFFERING AMNESTY TO CERTAIN PER- 
SONS ON CERTAIN CONDITIONS 

Be it ordained hy the people of the State of Missouri., in convention 
asseinhled ., as folloirs : 

First. That the board of public works be, and is hereby, abolished, 
and the offices and pay of the members of said board shall cease and 
determine from and after the jjassage of this ordinance. 

Second. That the office of State sui)erintendent of conunon schools 
be, and is hereby, abolished, and the })ay of said ofKcer shall cease and 
determine from and after the passage of this ordinance, and the 
7253— VOL 3—07 23 



2178 Missouri— 1861— 1863 

duties pertaining to said office shall be discharged by the secretary of 
state. 

Third. The offices of county-school commissioner be, and is hereby, 
abolished in all the counties of this State, Saint Louis County ex- 
cepted, and the pay of said officers shall cease and determine from and 
after the passage of this ordinance; and the clerks of the respective 
county courts shall discharge all the duties of common-school com- 
missioner in their respective counties, except visiting and lecturing 
in the schools, and that the fees of said clerks, respectively, for serv- 
ices herein contemplated, shall in no case exceed the sum of fifty dol- 
lars per annum. 

Fourth. That the offices of State geologist and assistant State geolo- 
gist be, and are hereby, abolished, and the pay of said officers shall 
cease and determine from and after the passage of this ordinance. 

Fifth. That the salaries of all civil officers in this State, so far as 
the same are paid out of the State treasury, or made a burden on the 
county treasuries by State legislation, be, and are hereby, reduced 
twenty per cent, during the year ending 30th September, 1862; and 
said percentage shall be deducted from the amount of said salaries, 
and withheld from said officers from and after the passage of this 
ordinance, until the said thirtieth day of September, A. D. 1862. 

Sixth. That each civil officer in this State shall, within sixty days 
after the passage of this ordinance, take and subscribe an oath to sup- 
port the Constitution of the United States and this State; that he 
will not take up arms against the Government of the United States 
nor the provisional government of this State, nor give aid or comfort 
to the enemies of either during the present civil war ; that said oath, 
duly subscribed and sworn to, shall, within the sixty days aforesaid, 
be filed by county officers in the clerk's office of their respective coun- 
ties; and all other officers shall, w^ithin the time aforesaid, file said 
oath, sworn to and subscribed as aforesaid, in the office of the secre- 
tary of state. And the offices of all persons failing to file said oath, 
as herein provided, are hereby declared vacant ; and the secretary of 
state and respective county clerks shall, immediately after the expira- 
tion of the sixty days aforesaid, certify, under the seal of their re- 
spective offices, any vacancy that may exist under the operations of 
this ordinance to the proper authorities under existing laws, and such 
authorities shall fill said offices by appointment for the residue of the 
term. And any civil officer who shall falsely take said oath, or wil- 
fully violate the same, shall be deemed and adjudged guilty of per- 
jury, and punished accordingly. 

Seventh. The respective county-court clerks in this State shall take 
and subscribe the oath provided in this ordinance, and file the same 
in the office of the secretary of state within the sixty days aforesaid ; 
and if any county-court clerk shall fail to file said oath, duly sub- 
scribed and sworn to as aforesaid, his office is hereby declared vacant, 
and such vacancy shall be filled by the authorities under existing 
laws; and in such case the other county officers of such county shall 
comply with the requirements of this ordinance within twenty days 
after said vacancy shall be filled under the provisions of this ordi- 
nance. 

Eighth. Any person whatsoever who may take and subscribe the 
oath provided by this ordinance, and file the same in the office of the 
secretary of state, or any county clerk's office in this State, within ten 



Missouri— 1861— 1863 2179 

days after receiving notice of the passage of this ordinance, being 
within sixty days of the passage thereof, shall be exempt from arrest 
or punishment for offences previously committed by taking up arms 
against the provisional government of this State, or giving aid or 
comfort to its enemies in the present civil war, subject to the penalties 
of perjury as provided in this ordinance; and it shall be the duty of 
the secretar}^ of state and respective county clerks to make out and 
deliver to persons filing such oath a certificate of the fact under their 
respective seals of office, Avhich certificate shall be prima-facie evi- 
dence in all courts, and to all persons, that the person named therein 
has complied with and claims the benefit of this ordinance. And the 
governor of this State is hereby directed to furnish a copy of this 
ordinance to the President of the United States immediately, and re- 
quest him, in the name of the people of Missouri, by proclamation, to 
exempt all persons taking said oath under this ordinance from all 
penalties they may have incurred by taking up arms against the 
United States, or giving aid or comfort to its enemies in the present 
civil war. 

Adopted, October 16, 1861. 

RESPIXTIXO CERTAIN RECORDS AND OTHER PROPERTY 

Be it ordained by the people of the State of Missouri^ hi contention 
assembled: 

That it shall be the duty of the board of ])ublic works, of the com- 
missioner of common schools, and of the geologist and assistant geolo- 
gist of the State, to transfer and deliver the records, papers, and other 
property of their respective offices to the secretary of state, who shall 
preserve an inventory thereof in his office and grant proper receipts 
therefor. The county-school commissioners shall in like manner 
deliver the records, papers, and other property of their respective 
offices to the clerks of their respective counties, Avho shall in like 
manner issue to them recei])ts for the same. 

Adopted, October 16, 1861. 

PROVIDING FOR THE ORCxANIZATlOX OF THE STATE >irLITIA 

Be it ordained hij the people of the State of Missouri, in eonvention 
assembled , as follows^ to tcit : 

First. All able-bodied free white male inhabitants of this State, 
between the ages of eighteen and forty-five years, shall l)e liable to 
military duty under this ordinance, and when em-olled shall constitute 
and be known and designated as the " Missouri State Militia." 

Second. When the Missouri State militia shall be called into the 
actual service of the State, the officers and men shall be subje(;t to the 
same rules and regulations and articles of war that govern the armies 
of the United States. 

<)l{f;A.MZ.VTIO.\ 

Third. The commander-in-chief shall have power to call troops 
into actual service by volunteci- enlistments, according to such regula- 
tions as he may prescribe. 

Fourth. Troops shall be nuisteied into service by the nispector- 
general or his assistants, in such manner as may be prescribed by the 



2180 Missouri— 1861— 1863 

commander-in-chief, and on entering the service all officers and men 
shall take the following oath, to be administered by the inspecting 
officer : 

" You, each and every one of you, do solemnly swear that you will 
honestly and faithfully serve the State of Missouri against all her 
enemies, and that you will do your utmost to sustain the Constitution 
and laws of the United States, and of this State, against all violence 
of whatsoever kind or description; and you do further swear that 
you will well and truly execute and obey the lawful orders of all 
officers properly placed over you, whilst on duty : So help you God." 

Fifth. The State militia of Missouri shall be organized by com- 
panies into battalions, regiments, and brigades, in the manner j^re- 
scribed in the Rules and Regulations for the Government of the 
United States Army, and when in actual service of the State shall 
receive the same pay and emoluments as the United States Army; 
and any company, battalion, or regiment mustered into the service 
of the State may, at their option, at any time be mustered into the 
service of the United States. 

Sixth. Companies of infantry shall not contain less than sixty- 
four men, (including non-commissioned officers.) nor more than one 
hundred. 

Companies of cavalry shall contain not less than fifty men, (includ- 
ing non-commissioned officers,) nor more than eighty. 

Companies of artillery shall not contain less than fifty nor more 
than one hundred men. 

Seventh. The commissioned officers of a company of infantry, 
cavalry, or artillery shall be one captain, one first and one second 
lieutenant, who shall be elected by the members of the company after 
being mustered into service ; and any vacancy in such offices shall be 
filled by election in like manner. 

Eighth. Captains of companies shall appoint the non-commis- 
sioned officers of their own companies. 

REGIMENTS 

Ninth. A regiment shall consist of not less than eight nor more 
than ten companies; the field-officers of which shall consist of one 
colonel, one lieutenant-colonel, and one major. 



Tenth. A brigade shall consist of not less than two nor more than 
five regiments, to be commanded bv a brigadier-general. 



Eleventh. The governor shall nominate and, by and with the 
advice of the senate, appoint the following chiefs of staff department: 
one adjutant-general, one inspector-general, one quartermaster-gen- 
eral, one commissary-general, one surgeon-general, one paymaster- 
general — all with the rank of colonel of cavalry — each of whom shall 
perform the duties of his office in accordance with the rules and 



. Missouri^l86 1—1863 2181 

regulations of the United States Army, or siicli other rules and regu- 
lations as may be prescribed by the commander-in-chief. 

Twelfth. The quartermaster-general and the commissary -general 
shall, on receiving their appointments, execute and deliver to the 
State their bonds, each in the sum of twenty thousand dollars, with 
sureties, to be approved by the governor, for the faithful performance 
of their duties, and the governor shall require of all disbursing offi- 
cers a bond in such amounts and with such securities as he may deem 
necessarj' for the faithful discharge of their duties. 

Thirteenth. The commander-in-chief may also appoint and com- 
mission such number of aides-de-camp as may be necessary for the 
requirements of the service, with the rank of colonel. 

Fourteenth. The commander-in-chief shall also, without the con- 
currence of the senate, appoint and commission such other statf- 
officers as may be necessary for the requirements of the service, and 
shall designate their rank in their respective commissions: and such 
officers shall perform such duties as are prescribed by the rules and 
regulations of the Army of the United States, or such as may be 
prescribed by the commander-in-chief. 



Fifteenth. The governor shall nominate and, by and with the 
advice and consent of the senate, appoint one major-general, and the 
necessary" niunber of brigadier-generals, colonels, lieutenant-colonels, 
and majors of the line. 

Sixteenth. "Whenever, during the recess of the senate, it shall be 
necessary to appoint to any military office of the line above the rank 
of captain, the governor may appoint to such office, subject to the 
confirmation of the senate at their next session thereafter. 

Seventeenth. The major-general commanding may nominate to the 
governor for commission one assistant adjutant-general, two aides-de- 
camp with the rank of lieutenant-colonel; and the commander-in- 
chief may detail for duty on the staff of the major-general command- 
ing such other staff-officers as the necessities of the service may require. 

Eighteenth. Brigadier-generals, when in actiuil command, may 
nominate to the governor for commission one acting assistant adjutant- 
general, one aide-de-camp with the rank of major; and the com- 
mander-in-chief may detail such other staft'-officers for duty with the 
brigade as the necessities of the service may require. 

Nineteenth. Colonels of regiments, when in actual command, shall 
nominate to the governor for connnission one adjutant with the rank 
of ca[)tain: and the conmumder-in-chief may detail such other staff- 
officers for regimental duty as the service re([uires. The colonel of 
each regiment shall select from his command well-instructed and 
good soldiers to fill the posts of sergeant-major, quartermaster-ser- 
geant, conunissary-sergeant, and color sergeants, Avho will contsitute 
the non-commissioned staff of tlie regiment, and be appointed by war- 
rant given under the hand of the colonel. 

Tu'ent'ieth. Persons holding civil offices imder this State, or civil 
military offices under the Ignited States, may hold offices under this 
ordinance; and no civil office under this State shall be vacated b}" the 
acceptance of a military office under the United States. 



2182 Mifimuri—lS61—186S 



7' ice nty -first. The connnniuler-iii-chit'f shall pi-cscrilx' the iiinfonn 
to be worn by the Missouri militia. 

T wenty-aecond . All officers, Avhen on duty, shall wear the uniforr.i 
of their rank. 

COURT- MARTI AI. 

Twenty-th'trd. Courts-martial shall be constituted, and shall pro- 
ceed in all cases in the same manner as is provided by law or regula- 
tion for the Army of the United States. 

Twenty-fourth. All contractors for supplies for the State militia 
shall be subject to trial by court-martial for an}^ fraud practised in 
respect to such supplies, and shall, on conviction thereof, be pun- 
ished with death or other punishment, at discretion of the court. 

Twenty-fifth. Any officer of the State militia who shall be con- 
victed by a court-martial of wilfully defrauding the State in any 
matter of which he has official charge, or of conniving at any fraud 
practised upon the State by others, shall suffer death, or such other 
punishment as the court may inflict. 

Ticerdy-s'txth. The commander-in-chief shall have power to pre- 
scribe such rules and regulations for the government of the Missouri 
State militia as he may deem necessary. 

Twenty -seventh. He may vacate the commission of any officer 
whom he maj' judge unfit for the service, and he shall have power 
to appoint military boards to report upon the qualifications of any 
officer commissioned or to be commissioned. 

Ticenty-eiglith. The articles of war shall be published with this 
ordinance, with the verbal changes necessary to conform them to 
forces organized and serving under the authority of the State. 

Twenty-ninth. Headquarters of the Missouri State militia shall be 
in Saint Louis until removed by the commander-in-chief. 

Thirtieth. Xo period of residence is required to admit persons to 
service in the Missouri State militia. 

Thirty-first. All bodies of troops heretofore organized and mus- 
tered into the service of the State under the provision of an ordinance 
entitled "An ordinance concerning the repeal and abrogation of cer- 
tain laws, and for other purposes,'' heretofore adopted by this conven- 
tion, shall be continued in the service as [if] organized under this act : 
Prodded^ however., That the goA'ernor may remove any officer now 
acting in the militia, in accordance with the provisions of the twenty- 
seventh section of this act ; and may at any time vacate the commis- 
sions of such officers as are not authorized by this ordinance : And pro- 
vided also. That all commissions now issued to third lieutenants of 
companies under the said recited act are hereby vacated; and it shall 
be the duty of the commander-in-chief to authorize some member of 
the staff department, or some other agent whom he may appoint for that 
purpose, to proceed to such place in the State as may be necessary, and 
examine into the expenses incurred in the preliminar}' assembling 
and organization of companies, the procurement of arms, the furnish- 
ing of supplies, and other necessary expenses incurred in and about 
the organization of troops under the governor's proclamation of the 
24th of August last, and said agent or officer shall adjust such claims 
as may be prescribed to him, alloAving such as may be deemed just, 



Missour}— 1861— 1863 2183 

and rejecting those found to be unjust. He shall report his proceed- 
ing to the governor, who, if he approve the same, shall so certify to 
the proper officer, who shall cause the claims or account so allowed to 
be paid ; but such preliminary examination shall be unnecessary in any 
case Avhere the governor shall have such personal knowledge in re- 
gard to any such claims as to justify him in certifying it to the 
])roper officer as hereinbefore provided. 

Thirty -sec and. So much of the act to govern and regulate the vol- 
unteer militia of the State, appproved as aforesaid by this convention, 
as conflicts with the provisions of this ordinance is hereby repealed; 
but all legal acts done and proceedings properly had for the organiza- 
tion and support of the militia under and by virtue of said act shall 
be valid and binding as if authorized by this ordinance. 

Thirty-third. This ordinance may be altered, modified, or repealed 
by the general assembly of this State, in the same manner and with 
like effect as the ordinary legislation of the State may be altered, 
amended, or repealed. 

Adopted, October IT, 1861. 

AMENDING " AN ORDTNANCE ABOLISHING CERTAIN OFFICES, REDUCING 
SALARIES, AND TESTING THE LOYALTY OF CIVIL OFFICERS IN THIS 
STATE " 

Be it ordained hy the peofle of the State of Missouri in convention 
assembled: 

Section 1. That the seventh section of an ordinance entitled "An 
ordinance providing for abolishing certain offices, reducing salaries, 
and testing the loyalty of civil officers in this State," adopted by this 
convention at its session in Saint Louis, in October, ISGl, be, and the 
same is hereby, repealed. 

Sec. 2. That all apj)ointments to fill vacancies created by the pro- 
visions of the sixth section of said ordinance are hereby declared valid 
from the time said a])i)ointments were made, anything in said seventh 
section to the contrary notwithstanding. 

Adopted June 7, 18(32. 

REPEALING CERTAIN ORDINANCES SUBMITTING THE ACTION OF THE 
CONVENTION TO A VOTE OF THE PEOPLE 

Be it ordained l)y tlw ])eo'ple of the State of Missouri, in convention 
assembled, as follows: 

That all ordinances and parts of ordinances heretofore passed by 
this convention, submitting its action to a vote of the ]H'ople of the 
State, be, and the same are herebv, repealed. 

Adopted June 7. \^(\2. 

DEFINING rilE (,)rALIFICATTONS OF VOTERS AND CTVII, OFFICERS IX tlllS 

STATE 

Be it ordained by the people of the tSfate of Missouri. In coti rentioa 
assembled, as folloivs: 

Section 1. No person shall vote at any election to be hereafter 
held in this State, under or in pursuance of the constitution and laws 



2184 Missouri— 1861— 1S6S 

thereof, whether State, county, township, or municipal, who shall not. 
in addition to possessing the qualitications already j)res('ril)ed for 
electors, previously take an oath in form as follows, uamely: '* I. 

, do solemnly swear | or affirm, as the case may be | 

that I will support, protect, and defend the Constitution of the 
United States, and the constitution of the State of Missouri, against 
all enemies and opposers, whether domestic or foreign; that I will 
bear true faith, loyalty, and allegiance to the United States, and will 
not, directly or indirectly, give aid and comfort, or countenance, to 
the enemies or opposers thereof, or of the provisional government of 
the State of Missouri, any ordinance, law, or resolution of any State 
convention or legislature, or of any order or organization, secret or 
otherwise, to the contrary notwithstanding; and that I do this with a 
full and honest determination, pledge, and purpose faithfully to keep 
and perform the same, without any mental reservation or evasion 
whatever. And I do further solemnly swear [or affirm] that I have 
not, since the iTth day of December, A. D. ISGl, wilfully taken up 
arms, or levied war against the United States, or against the provi- 
sional government of the State of Missouri : So help me God." 

Sec. 2. Before any person shall be elected or appointed to any civil 
office within this State, under the constitution and the laws thereof, 
whether State, county, township, municipal, or other civil office, he 
shall take and subscribe an oath in form as follows: " I, A. B., do, on 
oath, [or affirmation,] declare that I have not, during the present 
rebellion, wilfully taken up arms, or levied war against the Ignited 
States, nor against the provisional government of the State of Mis- 
souri, nor have wilfully adhered to the enemies of either, whether 
domestic or foreign, by giving them aid and comfort, but have always 
in good faith opposed the same. And further, that I will support, 
protect, and defend the Constitution of the United States and of the 
State of INIissouri against all enemies and opposers, whether domestic 
or foreign, any ordinance, law, or resolution of any State convention 
or legislature, or of any order or organization, secret or otherwise, to 
the contrary notwithstanding, and that I do this with an honest pur- 
pose, pledge, and determination faithfully to perform the same, with- 
out any mental reservation or evasion Avhatever; " which oath shall 
be filed in the office of the secretary of state by all candidates for 
State offices, and by candidates for all county and other offices, in 
the office of the clerk of the county court, [or other officer charged 
with equivalent duties,] in the counties wherein they respectively 
reside, at least five days before tlie day of election ; and no vote shall 
be cast up for, or certificate of election granted to, any candidate who 
fails to file such oath, as required by this ordinance. 

Sec. 3. Any person who shall falsely take, or, having taken, shall 
thereupon wilfully violate any oath prescribed by this ordinance, 
shall, upon conviction thereof, hj any court of competent jurisdiction, 
be adjudged guilty of the crime of perjury, and shall be punished 
therefor in accordance with existing laws. And it shall be the duty 
of the judges of all courts having criminal jurisdiction under the 
laws of this State specially to charge the grand juries in the counties 
in which such courts shall be held respectively, and of all grand juries 
in the performance of their duties under the laws of this State speci- 



. Missouri— 1861— 1863 2185 

ally to Inqiiiro concerninor the comiuission of any act of perjury men- 
tioned or made punishable bj^ this or any other ordinance adopted by 
this convention. 

Sec. 4. The courts of this State shall require all jurymen and attor- 
neys to take and subscribe the following oath : " I, , do 

solemnly swear [or affirm, as the case may be] that T will support, 
protect, and defend the Constitution of tlie Ignited States, and the 
constitution of the State of Missouri, against all enemies and opposers, 
whether domestic or foreign; that I will l)ear true faith, loyalty, and 
allegiance to the United States, and will not, directly or indirectly, ad- 
here to the enemies or opposers thereof, or of the provisional govern- 
ment of the State of jSIissouri, by giving then aid and comfort, am' 
ordinance, law, or resolution of any State convention or legislature, 
or of any order or organization, secret or otherwise, to the contrary 
notwithstanding; and that I do this with a full and honest determi- 
nation, pledge, and purpose to keep ^md perform the same, without 
any mental reservation or evasion Avhatever : So help me God." The 
same oath shall also be taken and subscribed by the president, pro- 
fessors, and curators of the University of the State of Missouri, by 
all bank officers, common-school teachers who are paid in Avhole or 
in part out of funds provided by law, and common-school trustees, 
by all officers of all incorporated companies of this State, and by all 
licensed or ordained i)reachers of the gospel before performing the 
ceremony of marriage in this State, and filed in any county clerk's 
office in this State; and every licensed or ordained preacher of the 
gospel who shall perform the ceremony of marriage in this State 
before taking said oath, and every other person aforesaid assuming to 
discharge the duties pertaining to his avocation under the laws of 
this State, without complying with the provisions of this section, 
shall be liable to prosecution in any court of competent jurisdiction 
in this State, by indictment, and upon conviction shall be ])unished 
for each offence by a fine not less than ten nor more than two hundred 
dollars. This section shall take effect ninety days from the ])assage 
of this ordinance. 

Sec. 5. That judges and clerks of all elections held under the laws 
of this State, shall, in addition to taking the oath required by exist- 
ing laws, take the further oath that they will not record, nor permit 
to be recorded, the name of any voter who has not first taken the 
oath required to be taken l)y the first section of this ordinance. 

Sec. (). The general assembly of this State may at any time repeal 
this ordinance, or any part thereof.-^ 

Adopted June 10. '1802. 

continuing the pkovisional government in office 

Be it ordained hi/ the people of the State of J/isso^tri, in convention 
assemhled : 

That the governor, lieutenant-governor, and secretary of state, here- 
tofore appointed by this convention, shall continue in office until the 
first Monday in August, A. I). 18()4, and until their successors are 
duly elected and qualified, and shall discharge the duties and exercise 
the privileges which pertain to their respective offices. 

Adopted, June 11, 1862. 



2 1 86 Missouri— 1861—1868 

EXAHLING CITIZEN.S OF MISSOURI IN THE MILITARY SERVICE OF THE 
UNITED STATES OR THE STATE TO VOTE 

Be it ordained hy the people of the State of Missouri in convention 
assembled^ as follows^ to wit: 

Section 1. That the commanding officer of any company of Mis- 
souri vohmteers, or militia in the service of the United States or of 
the State of Missouri, any of the members of which are qualified 
voters under the laws of this State, shall, on the day of the next 
general election, and at every subsequent election held under the 
laws of this State during the present war, cause an election to be 
held by the members of such company for officers to be elected at 
such election. 

Sec. 2. The commanders of such companies shall cause a sufficient 
number of poll-books to be made out for each company, properly 
laid off into blanks, with the necessary heading and certificates at- 
tached, and cause them to be delivered to the judges of election on or 
before the day of such election. 

Sec. 3. Three good, discreet, and disinterested persons, members of 
such company, being qualified voters under the laws of this State, 
shall be appointed judges of such elections by such commanding offi- 
cers, who shall administer the following oath to such judges before 
they enter on their duties: "I do solemnly swear [or affirm] that I 
will impartially discharge the duties of judge of the present election, 
according to law and the best of my abilities : So help me God." 

Sec. 4. Said judges shall appoint two clerks, who, before entering 
on the duties of their ajDpointment, shall take an oath or affirmation, 
to be administered by one of the persons so appointed as judges of the 
election, that they will faithfully record the names of all the voters, 
and distinctly carry out, in lines and columns, the name of the per- 
son for whom each voter votes. 

Sec. 5. At the close of each election the judges shall certify, under 
their hands, the number of votes given for each candidate, which 
shall be attested by their clerks, and transmit the same, together with 
one of the poll-books, by one of their clerks, or by mail, to the clerk of 
the county court in which the voters are entitled to vote, without delay. 

Sec. 6. Poll-books shall be opened for each county from which 
there are members in such company entitled to vote, and at such elec- 
tion only such persons shall be allowed to vote as could vote under 
existing laws if in their proper precincts, which vote shall be taken 
and sent to their proper county, as provided in this ordinance. 

Sec 7. AMien more than one company votes at the same post or 
station, or belonging to the same battalion, regiment, or division of 
the Army, the judges of said elections may cause one messenger to 
carry the poll-books to the different counties. 

Sec. 8. Any one of the judges of election under this ordinance is 
authorized to administer oaths to test the qualifications of voters and 
to prevent frauds. 

Sec 9. Each clerk of the county court shall, in not less than fifteen 
nor more than twenty days after the election, take to his assistance 
two justices of the jDeace of his county, or two justices of the county 
court, and examine and cast up the votes given for each candidate, 
including the votes received by virtue of this ordinance, and give to 
those having the highest number of votes a certificate of election. 



Missouri— 1861— 1863 2187 

Sec. 10. The votes given at sueh company elections shall be given 
oii'a race, or by tickets handed to the judges, and shall in both cases 
be cried in an audible voice by one of the judges of the election, or by 
some person appointed b}^ such judges for that purpose, and noted by 
the clerks in the i^resence and hearing of the voters. 

Sec. 11. Judges and clerks of said company elections failing or 
neglecting to discharge any duty required by this ordinance, or the 
laws now in force, shall be subject to the penalties prescribed by law, 
and may be prosecuted in the county to which such returns are 
required to be made. 

Sec. 12. P^very person not being a qualified voter according to the 
constitution and laws of the State, who shall vote at any election 
under this ordinance, or any person who shall, at the same election, 
vote more than once, either at the same or different places of voting, 
shall, upon conviction, be adjudged guilty of a misdemeanor, and be 
punished by fine not exceeding fifty dollars, nor less than twenty dol- 
lars, or by imprisonment in the county jail not exceeding three 
months, and shall be liable to indictment and conviction in any county 
to wdiich such poll-books, or any of them, shall be returned. 

Sec. 13. All persons voting under this ordinance shall be required 
to take the oath prescribed by the ordinance of this convention, test- 
ing the loyalt}^ of the voter. 

Sec. 14. The election returns of votes cast at the different precincts 
in the counties shall be made to county clerks, in all respects accord- 
ing to the statute laws now in force, except as jjrovided in this ordi- 
nance; and all acts required to be done under existing laws within 
a given time after examining and casting up the books, shall be done 
within the time required by existing laws, after the time fixed for 
examining and casting up the poll-books under the ninth section of 
this ordinance. 

Sec. 15. Any officer, or other person, in the service or employment 
of the United States or the State of Missouri, being a qualified voter 
under the constitution and law^s of this State, may vote at any election 
held under the ])rovisions of this ordinance, subject to the restric- 
tions and limitations provided by this ordinance. 

Sec;. 16. This ordinance shall be in force from and after its passage, 
and is subject to repeal at any time by the general assembly of this 
State. 

Adopted, June 12, 1802. 

RELATING TO VOTING IN CERTAIN COUNTIES 

Be it ordained hy the people of the State of Missouri, in convention 
assemhled,, as follows, to wit: 

Section 1. In any county where there is a county court, or where 
such court fails to appoint judges of election, and in counties where 
there is no county clerk, or such clerk fails to cause jioll-books to be 
delivered to the judges of election before the day of the election, any 
person may prepare the poll-books for any or all of the townships in 
such county, and a majority of the (|ualified voters present at the 
time and place of opening the polls, which shall be at the same place, 
as near as may be, as the elections were authorized to be for members 
of this convention, shall choose judges of the election; and in case no 
officer is present authorized to administer the oath of office to such 



2188 Missouri— 1861— 1863 

jutlges, one of the persons so chosen may administer the oath re- 
quired by law to such judges, one of whom, after l)eino- so sworn, 
shall administer the oath to the judge by whom he was so sworn. 

Sec. 2. Such judges of election shall appoint two clerks, and shall 
have all the poAvers and perform all the duties of judges of election 
under existing laws, and shall return the poll-books to the county seat 
in the time and manner required by the next section. 

Sec. 3. On the first Saturday after the election, one of the judges 
of election from each township in such county shall repair to the 
county seat, and organize a board composed of such judges, and said 
board, when so organized, shall proceed to cast up the votes given in 
such election, certify the same, and grant certificates of election, and 
in all respects shall have the same jDowers and perform the same 
duties that the county clerk and two justices of the county court or 
justices of the peace are required to perform, or that the county clerk 
is required to perform, under existing laws governing elections. 

Sec. 4. Such election shall be as valid to all intents and purposes as 
though it had been done by the ordinary officers under existing laws. 

Sec. 5. Such judges of election shall retain the poll-books of such 
election until there is a county clerk qualified to act in such county. 
Such poll-books shall be filed in the county clerk's office, and the 
clerk's receipt taken for the same. 

Sec. 6. The secretary of state shall cause the ordinances passed at 
this session of the convention, in relation to voters and elections, to 
be published in pamphlet form and distributed without delay to the 
county clerks of the different counties, and in counties where there is 
no clerk, to members of this convention, or other citizens, in such 
numbers as he may deem sufficient. 

Sec. 7. If in" any county no election shall be held for sheriif, coro- 
ner, county-court justices, and other township and county officers, the 
vacancies so caused, with the exception of members of the general 
assembly, shall be filled by the proper authorities, under existing 
laws; but in all cases of failure by the proper authorities to appoint 
persons to fill such vacancies within twenty days after the vacancy 
occurs, then the governor shall appoint officers to fill such vacancies 
as have not been filled by the proper authorities; and all officers 
appointed to fill vacancies as aforesaid shall hold their said offices 
for the same time as if they had been elected under existing laws. 

Sec. 8. In counties where there are no county clerks, any candidate 
may file the oath required by ordinance with the board of judges 
herein provided for, and said board shall cast up and certify the vote 
given for each candidate that complies Avith this section the same as 
\i said oath had been filed in the time and manner required by the 
ordinance heretofore passed ; and said affidavits shall be filed, together 
with the poll-books, in the county clerk's office. 

Sec. 9. Judges and clerks of election under this ordinance shall 
perform all the duties and be subject to all the penalties prescribed 
by existing laws. 

' Sec. 10. This ordinance shall be in force from r.nd after its passage, 
and may be repealed at any time by the general assembly of this State. 

Adopted, June 13, 1862. 



Missouri— 1861— 1863 2189 

AMENDING THE THIRD ARTICLE OF THE STATE (CONSTITUTION 

Be it ordained hy the feople of the State of Missou7'i, in convention 
assembled, as follows: 

The eighth section of the third article of the constitution is hereby 
abolished, and the following adopted in lieu thereof: 

After the first day of July, one thousand eight hundred and sixty- 
two, all general elections shall commence [take place] on the Tuesday 
next after the first Monday in November, and shall be held biennially; 
and the electors in all cases, except of [for] treason, felony, or breach 
of the peace, shall be privileged from arrest during their continuance 
at elections, and in going to and returning from the same. 

Adopted, June 13, 1862. 

REQUIRING STATE SENATORS TO BE DIVIDED INTO CLASSES 

Be it ordained hy the people of the State of Missouri, in convention 
assembled , as folloivs: 

That at the next session of the general assembly, the State senators 
shall be divided by lot into classes, as provided in the seventh section 
of the third article of the constitution, and every election to fill a 
vacancy in the senate shall be for the residue of the term only. 

Adopted, June 13, 1862. 

CHANGING THE TIME OF HOLDING ELECTIONS FOR JUDGES 

Be it ordained by the people of Missouri, in convention assembled, 
as follows : 

Section 1, That so much of the sixth and seventh articles of the 
amendments to the constitution of this State, ratified at the session 
of the legislature of 1850 and 1851, as provides that the elections of 
supreme and circuit court judges shall be held on the first Monday in 
August, A. D. eighteen hundred and fifty-one, and on the first Mon- 
day in August every six years thereafter, is herebv abolished. 

Sec. 2. The first general election for supreme and circuit court 
judges hereafter to be held under said amendments to the constitution 
shall be on the Tuesday next after the first Monday in November, 
A. D. eighteen hundred and sixty-three, and on the first Tuesday next 
after the first Monday in November every six years thereafter, any 
law, constitution, or ordinance of this convention to the contrary 
notAvithstanding. 

Sec. 3. Whatever election of judges or clerks of courts and other 
officers may now be fixed by law. or by order of any court, for the 
first IMonday of August, eighteen hundred and sixty-three, shall b(^ 
held on the Tuesday next after the first jNIonday of November, eight- 
een hundred and sixty-three. 

Adopted, June 26, 1863. 

PROVIDING FOR SUPPLYING THE VACANCY EXISTING IN THE OFFICE OF 

JUDGE 

Be it ordained by the people of the State of Missouri, in convention 
asseinbled, as follotvs: 

The governor shall appoint a judge for the fourteenth judicial cir- 
cuit, to supply the vacancy now existing, which judge shall hold 



2190 Missouri— 1861— 1863 

his office until Tuesday after the first Monday of November, A. D. 
eighteen hundred and sixty-three, and until his successor is duly 
elected and qualified. 
Adopted, June 27, 1863. 

PROVIDING FOR THE EMANCIPATION OF SLAVES 

Be it ordained by the people of the State of Missouri, in convention 
assewMed : 

Section 1. The first and second clauses of the twenty-sixth section 
of the third article of the constitution are hereby abrogated. 

Sec. 2. That slavery and involuntary servitude, except for the 
punishment of crime, shall cease to exist in Missouri on the fourth 
day of July, eighteen hundred and seventy ; and all slaves within the 
State at that day are hereby declared to be free: Provided, however^ 
That all persons emancipated by this ordinance shall remain under 
the control and be subject to the authority of their late owners, rep- 
resentatives, and assigns, as servants, during the following periods, 
to wit : those over forty years of age, for and during their lives ; those 
under twelve years of age, until they arrive at the age of twenty-three 
years; and those of all other ages, until the fourth day of July, 
eighteen hundred and seventy-six. The persx>ns, or their legal repre- 
sentatives, who, up to the moment of emancipation, were the owners 
of the slaves thereby freed, shall, during the period for which the 
services of such freedmen are reserved to them, have the same au- 
thority and control over the said freedmen, for the purpose of 
securing the possession and services of the same, that are now held 
absolutely by the master in respect of his slaves: Provided^ however. 
That after the said fourth day of July, eighteen hundred and seventy, 
no person so held to service shall be sold to a non-resident of or 
removed from the State of Missouri, by the authority of his late 
owner or his legal representatives. 

Sec. 8. That all slaves hereafter brought into this State, and not 
now belonging to citizens of this State, shall thereupon be free. 

Sec. 4. All slaves removed by consent of their owners to any seceded 
State after the passage by such State of an act or ordinance of seces- 
sion, and hereafter brought into this State by their owners, shall 
thereupon be free. 

Sec. 5. The general assembly shall have no power to pass laws to 
emancipate slaves without the consent of their owners. 

Sec. 6. After the passage of this ordinance, no slaves in this State 
shall be subject to State, county, or municipal taxes. 

Adopted, July 1, 1863. 



Missouri— 1865 2191 



CONSTITUTION OF MISSOURI— 1865 *« 

We, the people of the State of Missouri, grateful to Almighty Ood, 
the sovereign ruler of nations, for our State government, our liberties, 
and our connection with the American Union, and acknowledging 
our dependence upon Him for the continuance of those blessings to us 
and our posterity, do, for the more certain security thereof, and for 
the better government of this State, ordain and establish this revised 
and amended Constitution: 

Article x 

declaration of rights 

That the general, great, and essential principles of liberty and free 
government may be recognized and established, and that the relations 
of this State to the Union and Government of the United States, and 
those of the people of this State to the rest of the American people, 
may be defined and affirmed, we do declare — 

1. That we hold it to be self-evident that all men are endowed by 
their Creator with certain inalienable rights, among which are life, 
liberty, the enjoyment of the fruits of their OAvn labor, and the pur- 
suit of happiness. 

2. That there cannot be in this State either slavery or involuntary 
servitude, except in punishment of crime, whereof the party shall 
have been duly convicted. 

3. That no person can, on account of color, be disqualified as a wit- 
ness or be disabled to contract otherwise than as others are disabled, 
or be prevented from acquiring, holding, and transmitting property, 
or be liable to any other punishment for any offence than that imj^osed 
upon others for a like offence, or be restricted in the exercise of re- 
ligious worship, or be hindered in acquiring education, or be sub- 
jected, in law, to any other restraints or disqualifications in regard to 
any pei'sonal rights than such as are laid upon others imder like 
circumstances. 

4. That all political power is vested in and derived from the peo- 
ple; that all government of right originates from the people, is 
tounded upon their Avill only, and is instituted solely for the good of 
the whole. 

5. That the people of this State have the inherent, sole, and exclu- 
sive right of regulating the internal government and police thereof 
and of altering and abolishing their constitution and form of gov- 
ernment whenever it may be necessary to their safety and happiness, 
but every such right should be exercised in pursuance of law and 
consistently with the Constitution of the United States. 

* Journal of the Missouri State Convention, held at The City of St. Louis. 
January 6-April 10, 1865. St. Louis, Missouri Democrat, Print, conicr Fourth 
and Piue Sts. 18G5. Appendix pp. 2.55-277. 

«A constitution, which was framed by a convention which met at Jefferson 
City November 7. 1845, and adjourned January 14, 184<!, was rejected by the 
people. 

The constitution of 1865 was framed by a convention which met at Saint 
Louis January (5, 18(35, and completed its labors April 10, 1865. It was ratified 
by the people January 0, 1865, receiving 43,670 votes against 41,808 votes. 



2192 Missouri— 1865 

6. That this State shall ever remain a member of the American 
Union; that the peojjle thereof are a part of the American nation; 
and that all attempts, from Avhatever source or upon whatever pre- 
text, to dissolve said Union or to sever said nation oug-ht to be resisted 
with the whole poAver of the State. 

7. That every citizen of this State owes paramount allegiance to 
the Constitution and Government of the United States, and that no 
law" or ordinance of this State in contravention or subversion thereof 
can have any binding force. 

8. That the people have the right peaceably to assemble for their 
common good, and to apply to those vested with the powers of gov- 
ernment for redress of grievances, by petition or remonstrance; and 
that their right to bear arms in defence of themselves and of the 
lawful authority of the State cannot be questioned. 

9. That all men have a natural and indefeasible right to worship 
Almighty God according to the dictates of their own consciences; 
that no person can on account of his religious opinions be rendered 
ineligible to an}^ office of trust or j^rofit under this State, nor be dis- 
qualified from testifying or from serving as a juror; that no human 
authority can control or interfere w^itli the rights of conscience, and 
that no person ought, by any law", to be molested in his person or 
estate on account of his religious persuasion or profession; but the 
liberty of conscience hereby secured shall not be so construed as to 
excuse acts of licentiousness nor to justify practices inconsistent with 
the good order, peace, or safety of the State, or Avith the rights of 
others. 

10. That no person can be compelled to erect, support, or attend 
any place of worship, or maintain any minister of the gospel or 
teacher of religion; but Avhatever contracts any person may enter 
into for any such object ought, in law, to be binding and capable of 
enforcement, as other contracts. 

11. That no preference can ever be given, by law, to any church, 
sect, or mode of worship. 

12. That no religious corporation can be established in this State; 
except that by a general law, uniform throughout the State, any 
church, or religious society, or congregation, may become a body-cor- 
porate, for the sole purpose of acquiring, holding, using, and dispos- 
ing of so much land as may be required for a house of public wor- 
ship, a chapel, a parsonage, and a burial-ground, and managing the 
same, and contracting in relation to such land, and the buildings 
thereon, through a board of trustees, selected by themselves; but the 
quantity of land to be held by any such body-corporate, in connec- 
tion with a house of Avorship or a parsonage, shall not exceed five 
acres in the country, or one acre in a town or city. 

13. That every gift, sale, or devise of land to any minister, public 
teacher, or preacher of the gospel, as such, or to any religious sect, 
order, or denomination ; or to or for the support, use. or benefit of. or 
in trust for, any minister, public teacher, or preacher of the gospel, 
as such, or any religious sect, order, or denomination; and CA^ery gift 
or sale of goods or chattels to go in succession, or to take place after 
the death of the seller or donor, to or for such support, use. or benefit ; 
and also every devise cf goods or chattels, to or for the support, use, 



Missouri— 1865 2193 

or benefit of any minister, public teacher, or preacher of the gospel, 
as such, or any religious sect, order, or denomination, shall be void; 
except always any gift, sale, or devise of land to a church, religious 
society, or congregation, or to any person or persons in trust for the 
use of a church, religious society, or congregation, whether incorpo- 
rated or not, for the uses and ])urposes, and within the limitations, of 
the next preceding clause of this article. 

14. That all elections ought to be free and opeu. 

15. That courts of justice ought to be open to every j)erson, and cer- 
tain remedy afforded for every injury to person, ])roperty, or charac- 
ter; and that right and justice ought to be administered without sale, 
denial, or delay. 

IG. That no ]:)rivate property ought to be taken or ap]"»li(Hl to ])ublic 
use without just comjx'nsntion. 

17. That the right of trial by jury shall remain inviolate. 

18. That in all criminal jirosecutions the accused has the right to 
be heard by himself and his counsel; to demand the nature and cause 
of accusation; to liaA^e compulsory process for witnesses in his favor; 
to meet the witnesses against him face to face; and, in jn-osecutions 
on presentment or indictment, to a speedy trial by an impartial jury 
of the vicinage ; that the accused cannot be compelled to give evidence 
against himself, nor be deprived of life, liberty, or ]iro]:)erty but by 
the judgment of his peers or the law of the land. 

19. That no person, after having been once acquitted by a jury, 
can, for the same offence, be again put in jeopardy of life or liberty; 
but if, in any criminal prosecution, the jury be divided in opinion, 
the court before which the trial shall be had may, in its discretion, 
discharge the jury, and commit or bail the accused for trial at the 
next term of said court. 

20. That all persons shall be bailable by sufficient sureties, except 
for capital offences, when the proof is evident or the ]^resumption 
great. 

21. That excessive bail shall not l)e required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

22. That the })rivilege of the writ of luiheas corpus cannot be sus- 
pended, unless when, in cases of rebellion or invasion, the ])ublic 
safety may require it. 

23. That the people ought to be secure in their persons, papers, 
houses, and effects, from um-easonable searches and seizures; and no 
warrant to search any place, or seize any person or thing, can issue, 
Avithout describing the place to be searched, or the person or thing 
to be seized, as nearly as may be; nor without ])robable cause, sup- 
ported by oath or aflirmation. 

24. That no person can. for an indictable otl'ence l)e proceeded 
against criminally by information, except in cases arising in the land 
or naval forces, or in the militia when in actual service in the time 
of war or public danger, or by leave of court, for oppression or mis- 
demeanor in office, 

25. That treason against the State can consist only in levying war 
against it, or in adhering to its enemies, giving them aid and comfort. 

20. That no i)erson can be attainted of treason or felony by the 
general assembly: that no conviction can Avork corrujition of blood; 
Tl')-\ — VOL .".— o7 -;4 



2194 Missouri— 1865 

that there can be no forfeiture of estate for any crime, except treason ; 
and that the estates of such persons as may destroy their own lives 
shall descend or vest as in cases of natural death. 

27. That the free communication of thoughts and opinions is one 
of the invaluable rights of man, and that every person may freely 
speak, write, and print on any subject, being responsible for the abuse 
of that liberty; that in all prosecutions for libel, the truth thereof 
may be given in evidence, and the jury may determine the law and 
the facts, under the direction of the court. 

28. That no ex j)08t facto law, nor law impairing the obligation of 
contracts, or retrospective in its operation, can be passed. 

29. That imprisonment for debt cannot exist in this state, except 
for fines or penalties imposed for violation of law. 

30. That all property subject to taxation ought to be taxed in pro- 
portion to its value. 

31. That no title of nobility, or hereditary emolument, privilege, 
or distinction, can be granted. 

32. That the militar}^ is, and in all cases and at all times ought 
to be, in strict subordination to the civil power: that no soldier can, 
in time of peace, be quartered in any house without the consent of 
the oAvner; nor in time of war, but in such manner as may be pre- 
scribed by law ; nor can any appropriation for the support of an army 
be made for a longer period than two years. 

Article II 

EIGHT or SUFFRAGE 

Section 1. All elections by the people shall be by ballot. No elec- 
tion shall continue longer than one day, except as provided in the 
twenty-first section of this article. 

Sec. 2. General elections shall be held biennially, on the Tuesday 
next after the first Monday in November. The first general election 
under this constitution shall be held on that day, in the year one 
thousand eight hundred and sixty-six. Should CongTess direct the 
appointment of electors of President and Vice-President of the United 
States on an}" other da}^ than that now established, the general 
assembly may change the time of holding general elections, so as to 
provide for holding them on the day which may be designated by 
Congress for that purpose, and on the corresponding day two years 
thereafter. No special election. State, county, or municipal, shall be 
appointed to be held on a Monday. 

Sec. 3. At any election held by the people under this constitution, 
or in pursuance of any law of this State, or under any ordinance or 
by-law of any municipal corporation, no j^erson shall be deemed a 
qualified voter who has ever been in armed hostility to the United 
States, or to the lawful authorities thereof, or to the government of 
this State ; or has ever given aid, comfort, countenance, or support to 
persons engaged in any such hostility; or has ever, in anv manner, 
adhered to the enemies, foreign or domestic, of the United States, 
either by contributing to them or by unlawfully sending within their 
lines mone}', goods, letters, or information; or has ever disloyally 
held communication with such enemies; or has ever advised or aided 



Missouri— 1865 2195 

any person to enter the service of such enemies ; or has ever, by act or 
word, manifested his adherence to the cause of such enemies, or his 
desire for their triumph over the arms of the United States, or his 
sympathy with those engaged in exciting or carrying on rebellion 
against the United States; or has ever, except under overpowering- 
compulsion, submitted to the authority, or been in the service, of the 
so-called '" Confederate States of America ; '' or has ever left this State, 
and gone within the lines of the armies of the so-called " Confederate 
States of America,'' with the purpose of adhering to said States or 
armies; or has ever been a member of, or connected with, any order, 
society, or organization, inimical to the Government of the United 
States, or to the government of this State ; or has ever been engaged 
in guerrilla warfare against loyal inhabitants of the United States, 
or in that description of marauding commonly known as '* bush- 
whacking; " or has ever knowingly and Avillingly harbored, aided, or 
countenanced any person so engaged ; or has ever come into or left 
this State, for the purpose of avoiding enrolment for or draft into the 
military service of the United States; or has ever, with a view to 
avoid enrolment in the militia of this State, or to escape the per- 
formance of duty therein, or for any other purpose, enrolled himself, 
or authorized himself to be enrolled, by or before any officer, as dis- 
loyal, or as a southern sympathizer, or in any other terms indicating 
his disa flection to the Government of the United States in its contest 
with rebellion, or his sympathy with those engaged in such rebellion; 
or, having ever voted at any election by the people in this State, or in 
any other of the United States, or in any other of their Territories, 
or held office in this State, or in any other of the United States, or in 
any of their Territories, or under the United States, shall thereafter 
have sought or received, under claim of alienage, the protection of 
any foreign government, through any consul or other officer thereof, 
in order to secure exemption from military duty in the militia of this 
State, or in the Army of the United States; nor shall any such person 
be capable of holding in this State any office of honor, trust, or profit 
under its authority ; or of being an officer, councilman, director, 
trustee, or other manager of any corporation, public or private, noAv 
existing or hereafter established by its authority; or of acting as a 
professor or teacher in any educational institution, or in any connnon 
or other school ; or of holding any real estate or other property in 
trust for the use of any church, religious society, or congregation. 
But the foregoing provisions in relation to acts done against the 
United States shall not apply to any person not a citizen thereof, who 
shall have connnitted such acts while in the service of some foreign 
country at war with the United States, and who has, since such acts, 
been naturalized, or may hereafter be naturalized, under the laws of 
the ITnited States; and the oath of loyalty hereinafter prescribed, 
when taken l)y any such person, shall be considered as taken in such 
sense. 

Sec. 4. The general assembly shall immediately provide by law for 
a complete and uniform registration, by election disti'icts, of the 
names of qualified voters in this State: which registration shall be 
evidence of the qualification of all registered voters to vote at any 
election thereafter held ; but no person shall be excluded from voting 
at any election, on account of not being registered, until the general 



2196 Missouri— 1865 

assembly shall have passed an act of registration, and the same shall 
have been carried into effect; after which no person shall vote imless 
his name shall have been registered at least ten days before the day 
of the election, and the fact of such registration shall be no otherwise 
shown than by the register, or an -authentic copy thereof, certified to 
the judges of election by the registering officer or oificers. or other 
constituted authority. A new registration shall be made within sixty 
days next preceding the tenth day prior to every biennial general 
election; and after it shall have been made, no person shall establish 
his right to vote by the fact of his name appearing on any previous 
register. 

Sec. 5. Until such a system of registration shall have been estab- 
lished, every person shall, at the time of offering to vote, and before 
his vote shall be received, take an oath in the terms prescribed in 
the next succeeding section. After such a system shall have been 
established, the said oath shall be taken and subscribed l)y the voter 
at each time of his registration. Any person declining to take said 
oath shall not be allowed to vote or to be registered as a qualified 
voter. The taking thereof shall not be deemed conclusive evidence 
of the right of the person to vote, or to be registered as a voter ; but 
such right may, notwithstanding, be disproved. And after a .sys- 
tem of registration shall have been established, all evidence for and 
against the right of any person as a qualified voter shall be heard 
and passed upon by the registering officer or officers, and not by the 
judges of election. The registering officer or officers shall keep a 
register of the names of persons rejected as voters, and the same 
shall be certified to the judges of election; and they shall receive 
the ballot of any such rejected voter offering to vote, marking the 
same and certifying the vote thereby given, as rejected; but no such 
vote shall be received unless the party offering it take, at the time, 
the oath of loyalty hereinafter prescribed. 

Sec. 0. The oath to be taken as aforesaid shall be known as the 
oath of loyalty, and shall be in the following terms : 

'* I, A. 13., do solemnl}" swear that I am well acquainted with the 
terms of the third section of the second article of the constitution of 
the State of Missouri, adopted in the year eighteen hundred and 
sixty-five, and have carefully considered the same; that I have 
never, directly or indirectly, done any of the acts in said section 
specified; that I have always been truly and loyally on the side of 
the United States against all enemies thereof, foreign and domestic; 
that I will bear true faith and allegiance to the United States, and 
Avill support the Constitution and laws thereof, as the supreme law 
of the land, any law or ordinance of anj'' State to the contrarj- not- 
withstanding; that I will, to the best of my ability, protect and 
defend the Union of the United States, and not allow the same to be 
broken up and dissolved, or the GoA'ernment thereof to be destroyed 
or overthrown, under any circumstances, if in my power to prevent 
it; that I will support the constitution of the State of Missouri; 
and that I make this oath without any mental reservation or evasion, 
and hold it to be binding on me."' 

Sec. 7. Within sixty days after this constitution takes effect, every 
person in this State' holding any office of honor, trust, or profit 
under the constitution or laws thereof, or under any municipal cor- 
poration, or any of the other offices, positions, or trusts mentioned in 



Missouri~1865 2197 

the third section of this article, shall take and subscribe the said 
oath. If any officer or person referred to in this section shall fail 
to comply with the requirements thereof, his office, j)osition. or trust 
shall, ipso facto^ become, vacant, and the vacancy shall be filled ac- 
cording to the law governin<>: the case. 

Sec. 8. No vote in any election by the people shall be cast up for. 
nor shall any c^-rtificate of election be granted to, any ])erson. who 
shall not, Avithin fifteen days next preceding such election, have taken, 
subscribed, and hied said oath. 

Sec. 9. No person shall assume the duties of any State, county, 
city, town, or other office, to which he may be appointed, otherwise 
than by a vote of the people; nor shall any person, after the expira- 
tion of sixty days after this constitution takes effect, be jiermitted 
to practise as an attorney or counsellor at law; nor, after that time, 
shall any person be competent as a bishoj), priest, deacon, minister, 
elder, or other clergyman of any religious persuasion, sect, or de- 
nomination, to teach or preach, or solemnize marriages, unless such 
person shall have first taken, subscribed, and filed said oath. 

Sec. 10. Oaths taken in pursuance of the seventh, eighth, and ninth 
sections of this article shall be filed as follows : by a State civil officer, 
or a candidate for a State civil office, and by members and officers of 
the present general assembly, in the office of the secretary of state; 
by a military officer, in the office of the adjutant-general; by a candi- 
date for either house of the general assembly, in the clerk's office of 
the county court of the county of his residence, or in that of the 
county where the vote of the district is required by law to be cast up, 
and the certificate of election granted ; by a citj' or town officer, in the 
office Avhere the archives of such city or town are kept ; and in all 
other cases, in the office of the clerk of the county court of the county 
of the person's residence. 

Sec. 11. Every court in which any person shall be summoned to 
serve as a grand or petit juror shall require him, before he is sworn 
as a juror, to take such oath, in open court ; and no person refusing 
to take the same shall serve as a juror. 

Sec. 12. If any person shall declare that he has conscientious 
scruples against taking an oath, or swearing in any form, the said 
oath nuiy be changed into a solemn affirmation, and be made by him 
in that form. 

Sec. 13. In addition to the oath of loyalty aforesaid, every person 
who nuiy be elected or ap[)()inted to any office shall, before entering 
upon its duties, take and subscribe an oath or affinnation that he will 
to the best of his skill and ability, diligently and faithfully, without 
partiality or prejudice, discharge the duties of such office according 
to the constitution and laws of this State. 

Sec. 14. "N^lioever shall, after the times limited in the seventh and 
ninth sections of this article, hold or exercise any of the offices, posi- 
tions, trusts, professions, or functions therein specified, without hav- 
ing taken, subscribed, and filed said oath of loyalty, shall, on convic- 
tion thereof, be punished by fine, not less than five hundred dollars, 
or by imprist)nment in the county jail not less than six months, or by 
both such fine and imprisomuent : and whoever shall take said oath 
falsely, by swearing or by affirmation, shall, on conviction thereof, be 
adjudged guilty of purjury, and be punished by imprisonment in the 
penitentiary not less than two years. 



2198 Missouri— 1865 

Sec. 15. A^lioever shall be convicted of having directly or indi- 
rectly given or offered any bribe to procure his election or appoint- 
ment to any office shall be disqualified for any office of honor, trust, 
or profit under this State; and whoever shall give or offer any bribe 
to jjrocure the election or appointment of any other person to any 
office shall, on conviction thereof, be disqualified for a voter, or any 
office of honor, trust, or profit under this State, for ten years after 
such conviction. 

Sec. 16. No officer, soldier, or marine in the Regular Army or Navy 
of the United States shall be entitled to vote at any election in this 
State. 

Sec. 17. No person who shall make, or become directly or indirectly 
interested in, any bet or wager depending upon the result of any elec- 
tion shall vote at such election. 

Sec. 18. Every white male citizen of the United States, and every 
white male person of foreign birth who may have declared his inten- 
tion to become a citizen of the United States, according to law, not 
less than one year nor more than five years before he offers to vote, 
who is over the age of twenty-one years, who is not disqualified by or 
under any of the provisions of this constitution, and who shall have 
complied with its requirements, and have resided in this State one 
year next preceding any election, or next preceding his registration 
as a voter, and during the last sixty days of that period shall have 
resided in the county, city, or town where he offers to vote, or seeks 
registration as a voter, shall be entitled to vote at such election for 
all officers. State, comity, or municipal, made elective by the people; 
1)ut he shall not vote elsewhere than in the election district of which 
he is at that time a resident, or, after a S3^stem of registration of votes 
shall have been established in the election district where his name is 
registered, except as provided in the twenty-first section of this article. 

Sec. 19. After the first da}^ of January, one thousand eight hun- 
dred and seventy-six, every person who was not a qualified voter prior 
to that time shall, in addition to the other qualifications required, be 
able to read and write in order to become a qualified voter: unless his 
inability to read or write shall be the result of a physical disability. 

Sec. 20. For the purpose of voting, no person shall be deemed to 
have gained or lost a residence by reason of his presence or absence 
while employed in the service of the United States, nor while engaged 
in the navigation of the w aters of this State, or of the United States, 
or of the high seas nor while a student in any seminary of learning 
nor while kept at any poor-house or other asylum at jjublic expense 
nor while confined in any public prison. 

Sec. 21. Any qualified A^oter under the eighteenth section of this 
article, who may be absent from the place of his residence by reason 
of being in the' volunteer army of the United States, or in the militia 
force of this State, in the service thereof, or of the United States, 
whether within or without the State, shall, without registration, be 
entitled to vote in 2iit\y election occuring during such absence. The 
votes of all such persons, where^'er they may be, may be taken on the 
da}' fixed by law for such election, or on any clay or days within 
twenty days next prior thereto; and the general assembly shall pro- 
vide by law for the taking, return, and counting of such votes. 
Every such ]:)erson shall take the same oath that all other voters may 
be required to take in order to vote. 



Missouri— 1865 2199 

Sec. 22. Voters shall, in all cases except treason, felony, or breach 
of the peace, be privileged from arrest during their continuance at 
election and in going to and returning from the same. 

Sec. 23. Any person who may at any time have done any act which, 
under the third section of this article, has disqualified or may dis- 
qualify him, as therein expressed, and who shall, after the commission 
of such act, have voluntarily entered the military service of the 
United States, and have been honorably discharged therefrom, and 
after such discharge have demeaned himself in all respects as a loyal 
and faithful citizen, may be relieved from such disqualification. In 
order thereto, he shall, in person, present his petition to the circuit 
court of the county of his residence, stating specifically the act or acts 
which produced such disqualification, and the grounds upon which 
he prays to be relieved therefrom; and the court shall set a day for 
hearing the cause, not less than five days after the presentation of the 
petition ; when, if it appear by competent proof that the petitioner 
is justly entitled to the relief prayed for, the court shall make a 
decree removing such disqualification. But any act done by such 
person after the date of such decree, which would impose a disqualifi- 
cation under the said third section of this article, shall make such 
decree null and void, and remit him to his previous condition of dis- 
qualification : and no such decree shall be granted a second time in 
his favor. 

Sec. 24. After any person shall have been relieved by the decree 
of a circuit court, he shall, in order to vote or hold any of the offices, 
positions, or trusts, or exercise any of the privileges or functions 
hereinbefore specified, take the oath of loyalty aforesaid, except the 
part thereof which refers to the third section of this article and to 
the past acts or loyalty of the person taking the oath. 

Sec. 2.5. After the first day of January, one thousand eight hundred 
and seventy-one, and until the date hereinafter named, the general 
assembly shall have power, if a majority of all the members elected to 
both houses concur therein, to suspend or repeal any part of the third, 
fifth, and sixth sections of this article, so far as the same relate to the 
qualification of voters, but no further. After the first day of Jan- 
uary, one thousand eight hundred and seventy-five, the genei-al assem- 
bly may wholly suspend or repeal the third, fourth, fifth, sixth, 
eighth, ninth, tenth, eleventh, and twelfth sections of this article, or 
any part thereof, if a like majority of both houj^es concur therein. 
But no such suspension or repeal shall have the efl'ect of dispensing 
with the taking, by every person elected or appointed to any office in 
this State, of so much of the oath of loyalty aforesaid as follows the 
word " domestic." On the passage of any bill suspending or repeal- 
ing any of said sections, or an}^ part thereof, the votes of both houses 
shall be taken by yeas and nays, and entered on the journals of the 
houses, respectiveh^ The general assembly shall also have power, at 
any time, to remove any such suspension or repeal, and reinstate the 
provisions suspended or repealed, in full force and ell'ect as a part 
of this constitution. Every suspension or repeal made in i^ursuance 
of this section shall be general in its terms, and not in any case in 
favor of any named person; but the general assembly may except 
from the benefit of such suspension or repeal any person or. class of 
persons it may see fit. 



2200 Missouri— ISeS 

Sec, 2(i. The general assembly shall provide for the exclusion from 
every office of honor, trust, or profit within this State, and from the 
right of suffrage, of any person convicted of bribery, perjury, or other 
infamous crime. 

Article III 

DISTRIBUTION OF POWERS 

The powers of government shall be divided into three distinct de- 
partments, each of which shall be confided to a separate magistracy : 
and no person charged with the exercise of powers properly belonging 
to one of those departments shall exercise any power properly belong- 
ing to either of the others, except in the instances hereinafter ex- 
pressly directed or permitted. 

Article IV 

LEGISLATIVE DEPARTMENT 

Section 1. The legislative power shall be vested in a general as- 
sembly, which shall consist of a senate and a house of representatives. 

Sec. 2. The house of representatives shall consist of members to 
be chosen every second year by the qualified voters of the several 
counties, and apportioned in the following manner : 

The ratio of representation shall be ascertained at each apportion- 
ing session of the general assembly, by dividing the whole number of 
permanent inhabitants of the State bj' the number two hundred. 
Each county having one ratio, or less, shall be entitled to one repre- 
sentative; each county having three times said ratio shall be entitled 
to two representatives; each county having six time said ratio shall be 
entitled to three representatives; and so on above that number, giving 
one additional member for every three additional ratios. '\^nien any 
county shall be entitled to more than one representative, the county 
court shall cause such county to be subdivided into as many compact 
and convenient districts as such county may be entitled to representa- 
tives ; which districts shall be, as near as may be, of equal population ; 
and the qualified voters of each of such districts shall elect one repre- 
sentative, who shall be a resident of such district. 

Sec. 3. Xo person shall be a member of the house of representatives 
who shall not have attained the age of twenty-four years; who shall 
not be a white male citizen of the United States ; wdio shall not have 
been a qualified voter of this State two years, and an inhabitant of 
the county Avhich he may be chosen to represent one year next before 
the day of his election, if such county shall have been so long estab- 
lished; but if not, then of the county from which the same shall have 
been taken ; and who shall not have paid a State and county tax. 

Sec. 4. The senate shall consist of thirty -four members, to be 
chosen by the qualified voters for four years ; for the election of whom 
the State shall be divided into convenient districts. 

Sec. 5. Xo person shall be a senator who shall not have attained the 
age of thirty years; who shall not be a white male citizen of the 
United States; who shall not have been a qualified voter of this State 
three years, and an inhabitant of the district which he may be chosen 



Missouri— 186S 2201 

to represent one year next before the day of his election, if such district 
shall have been so long established ; but if not, then of the district or 
districts from which the same shall have been taken; and who shall 
not have paid a State and county tax. AVhen any county shall be 
entitled to more than one senator, the county court shall cause such 
county to be subdivided into as many compact and convenient districts 
as such county may l^e entitled to senators; which districts shall be. as 
near as may be, of equal population ; and the qualified voters of each 
of such districts shall elect one senator, who shall be a resident of such 
district. 

Sec. 6. Senators shall be apportioned among their respective dis- 
tricts, as nearly as may be, according to the number of permanent 
inhabitants in each. 

Sec. 7. Senators and representatives shall be chosen according to 
the rule of apportionment established in this constitution, until the 
next decennial census taken b}' the United States shall have been 
made- and the result thereof as to this State ascertained, when the 
apportionment shall be revised and adjusted on the basis of that 
census. In the year one thousand eight hundred and seventy-six, 
and every tenth year thereafter, there shall be taken, under the au- 
thority of this State, a census of the inhabitants thereof; and after 
every such census the apportionment of senators and representatives 
may be based thereon, until the next succeeding national census; 
aftei- which it may be based upon the national census, until the next 
succeeding decennial State census; and so on, from time to time, the 
enumerations made by the United States and this State shall be used, 
as they respectively occur, as the basis of apportionment. 

Sec. 8. Senatorial and representative districts may be altered, from 
time to time, as public convenience may require. AVhen any sena- 
torial district shall be composed of two or more counties, they shall 
be contiguous. 

Sec. 0. The first election of senators and representatives under this 
constituiion shall be held at the general election in the year one thou- 
sand eight hundred and sixty-six, when the whole number of senators 
and representatives shall be chosen. 

Sec. 10. At the regular session of the general assembly chosen at 
said election, the senators shall be divided into two equal classes. 
Those elected from districts bearing odd numbers shall compose the 
first class, and those elected from districts bearing even numbers 
shall compose the second class. The seats of the first class shall be 
vacated at the end of the second year after the day of said election, 
and those of the second class at the end of the fourth year after that 
day; so that one-half of the senators shall be chosen ever}^ second 
year. In districtmg any county for the election of senators, the dis- 
tricts shall be mnnbored, so as to eft'ectuate the division of senators 
into classes, as re(inired in this section. 

Sec. 11. No member of Congress, or person holding any lucrative 
office under the United States or this State (militia officers, justices 
of the peace, and notaries public excepted) shall be eligible to either 
house of tlie general assembly, or shall remain a member thereof after 
ha^'ing ac("cpted any such office, or a seat in either House of Congress. 

Sec. 12. No person who now is or may hereafter be a collector or 
holder of public money, or assistant or deput}' of such collector or 



2202 Missouri— 1865 

holder of public money, shall be eligible to either house of the gen- 
eral assembh' until he shall have accounted for and paid all sums for 
which he may be accountable. 

Sec. 13. If any senator or representative remove his residence from 
the district or county for which he was elected, his office shall thereby 
be vacated. 

Sec. 14. The governor shall issue writs of election to fill such va- 
cancies as may occur in either house of the general assembly. 

Sec. 15. No senator or representative shall, during the term for 
which he shall have been elected, be appointed to any civil office 
under this State, which shall have been created, or the emoluments of 
which shall have been increased, during his continuance in office as 
a senator or representative, except to such offices as shall be filled by 
elections of the people. 

Sec. 16. Senators and representatives shall, in all cases, except trea- 
son, felony, or breach of the peace, be privileged from arrest during 
the session of the general assembly, and for fifteen days next before 
the commencement and after the termination of each session ; and for 
any speech or debate in either house they shall not be questioned in 
any other place. 

Sec. 17. The members of the general assembly shall severally re- 
ceive from the public treasury such compensation for their services as 
may, from time to time, be provided by law; but no law increasing 
such compensation shall take effect in favor of the members of the 
general assembly by which the same shall have been passed. 

Sec. 18. A majority of the whole number of members of each house 
shall constitute a quorum to do business; but a smaller number may 
adjourn from day to day, and may compel the attendance of absent 
members in such manner and under such penalties as each house may 
provide. 

Sec. 19. Each house shall appoint its own officers; shall judge of 
the qualifications, elections, and returns of its own members ; may de- 
termine the rules of its proceedings ; may arrest and' punish, by fine 
not exceeding three hundred dollars, or by imprisonment in a count\'^ 
jail not exceeding ten days, or both, any person, not a member, who 
shall be guilty of disrespect to the house by any disorderly or con- 
temptuous behavior in its presence during its session ; may punish 
its members for disorderly behavior; and, with the concurrence of 
two-thirds or all the members elected, may expel a member; but no 
member shall be expelled a second time for the same cause. 

Sec. 20. Each house shall, from time to time, publish a journal of 
its proceedings, except such parts thereof as may, in its opinion, 
require secrecy ; and the yeas and nays on any question shall be taken 
and entered on the journal, at the desire of any two members. ^Mien- 
ever the yeas and nays are demanded the whole list of members shall 
be called, and the names of absentees shall be noted, and published 
with the journal. 

Sec. 21. The sessions of each house shall be held with open doors, 
except in cases which may require secrecy. 

Sec. 22. Neither house shall, without the consent of the other, ad- 
journ for more than two days at any one time, nor to any other place 
than that in which the two houses may be sitting. 



Missouri— 1865 2203 

Sec. 23. Bills may originate in either house, and may Ix' altered, 
amended, or rejected by the other: and every bill shall be read on 
three different days in each honse. unless two-thirds of the house 
where the same is pending shall disj^ense with this rule; and every 
bill, having j^assed both houses, shall be signed by the speaker of the 
house of representatives and by the president of the senate. 

Sec. 24. No bill shall be passed unless by the assent of a majority 
of all the members elected to each branch of the general assembly; 
and the question upon the final passage shall be taken immediately 
upon the last reading; and the yeas and nays shall be taken thereon 
and entered upon the journal. 

Sec. 25. No act shall be revived or reenacted by mere reference to 
the title thereof ; nor shall any act be amended by providing that des- 
ignated words thereof shall be struck out, or that designated words 
shall be struck out and others inserted in lieu thereof; but in every 
such case the act revived or reenacted, or the act, or part of act, 
amended, shall be set forth and published at length, as if it Avere an 
original act or provision. 

Sec. 26. The style of the laws of this State shall be, "^e it enacted 
hy the general assernhly of the State of Missonri^ as folloics: " 

Sec. 27. The general assembly shall not pass special laws divorcing 
any named parties ; or declaring any named person of age ; or author- 
izing any named minor to sell, lease, or incumber his or her property; 
or providing for the sale of the real estate of any named minor or 
other person, laboring under legal disability, by any executor, admin- 
istrator, guardian, trustee, or other person ; or changing the name of 
any person ; or establishing, locating, altering the course, or affecting 
the construction of roads, or the building or repairing of bridges; 
or establishing, altering, or vacating any street, avenue, or alley in 
any city or town ; or extending the time for the assessment or collec- 
tion of taxes, or otherwise relieving any assessor or collector of taxes 
from the due performance of his official duties; or giving effect to 
informal or invalid wills or deeds; or legalizing, except as against 
the State, the unauthorized or invalid acts of any officer ; or granting 
to any individual or company the right to lay down railroad tracks 
in the streets of any city or town ; or exempting any property of any 
named person or corporation from taxation. The general assembly 
shall pass no special law for any case for which provision can be 
made by a general law ; but shall pass general laws providing, so far 
as it may deem necessary for the cases emnnerated in this section, and 
for all other cases where a general law can be made ap])licable. 

Sec. 28. The general assembly shall never authorize any lottery; 
nor shall the sale of lottery-tickets be allowed; nor shall any lottery 
heretofore authorized be permitted to be drawn, or tickets therein 
to be sold. 

Sec. 29. The general assembly shall have no power to make com- 
pensation for emancipated slaves. 

Sec. 30. The general assembly shall have no ])ower to remove the 
county seat of any county, unless two-thirds of the (pialified voters of 
the county, at a general election, shall vote in favor of such removal. 
Ko compensation or indemnity for real estate, or the improvements 
thereon, affected by such removal, shall be allowed. 



2204 Missouri— 1865 

Sec. 31. The general assembly shall have no power to establish 
any new county Avith a territory of less than five hundred square 
miles, or Avith a jjopulation less than the ratio of representation ex- 
isting at the time; nor to reduce any county now established to less 
than that area, or to less population than such ratio. 

Sec. 32. No law enacted by the general assembly shall relate to 
more than one subject, and that shall be expressed in the title; but if 
any subject embraced in an act be not expressed in the title, such act 
shall be void only as to so much thereof as is not so expressed. 

Sec. 33. The general assembly shall direct, by law, in what manner 
and in what courts suits may be brought against the State. 

Sec. 34. When any officer, civil or military, shall be appointed by 
the joint or concurrent vote of both houses, or by the separate vote of 
either house, the vote shall be publicly given vhm voee^ and entered 
on the journals. 

Sec. 35. The general assembly elected in the year one thousand 
eight hundred and sixty-six shall meet on the first "Wednesday of 
January, one thousand eight hundred and sixty-seven; and there- 
after the general assembly shall meet, in regular session, once in every 
two years ; and such meeting shall be on the first Wednesday of Janu- 
ary, unless a dilferent day be fixed by law. 

Article V 

executive oepartment 

Section 1. The supreme executive shall be vested in a chief magis- 
trate, who shall be styled '' the governor of the State of Missouri." 

Sec. 2. The governor shall be at least thirty-five years old, a white 
male citizen of the United States ten years, and a resident of this 
State seven j^ears, next before his election. 

Sec. 3. Tlie governor elected at the general election in the year one 
thousand eight hundred and sixty-eight, and each governor thereafter 
elected, shall hold his office two years, and until a successor be duly 
elected and qualified. At the time and place of voting for members 
of the house of representatives, the qualified voters shall vote for a 
governor, and when two or more persons have an equal number of 
votes, and a higher number than any other person, the election shall 
be decided between them by a joint vote of both houses of the general 
assembly, at their next session. 

Sec. 4. The governor shall not be eligible to office more than four 
years in six. 

Sec. 5. The governor shall be commander-in-chief of the militia of 
this State, except when they shall be called into the service of the 
United States; but he need not command in person, unless advised to 
do so by a resolution of the general assembly. 

Sec. 6. The governor shall have the power to grant reprieves, com- 
mutations, and pardons, after conviction, for all offences, except trea- 
son and cases of impeachment, upon such conditions, and with such 
restrictions and limitations, as he may think proper, subject to such 
regulations as may be provided by law relative to the manner of ap- 
plying for pardons. He shall, at each session of the general as- 
sembly, communicate to that body each case of reprieve, commutation, 



Missouri — 1866 2205 

or pardon granted; stating the name of the convict, the crime of 
which he was convicted, the sentence and its date, the date of the 
commutation, pardon, or reprieve, and the reasons for granting the 
same. He shall take care that the laws be distributed and faithfully 
executed ; and shall be a conservator of the peace throughout the 
State. 

Sec. 7. The governor shall, from time to time, give to the general 
assembly information relative to the state of the government, and 
shall recommend to their consideration such measures as he shall deem 
necessary and expedient. On extraordinary occasions he may con- 
vene the general assembly by proclamation ; wherein he shall state 
specifically each matter concerning Avhich the action of that bod}' is 
deemed necessary; and the general assembly shall have no power, 
when so convened, to act upon any matter not so stated in the proc- 
lamation. 

Sec. 8. AVhen any office shall become vacant, the governor, unless 
otherwise provided by law, shall appoint a person to fill such vacancy, 
who shall continue in office until a successor shall be duly elected or 
appointed, and qualified, according to law. 

Sec. 9. Every bill which shall have been passed by both houses of 
the general assembly, before it becomes a law, shall be presented to 
the governor for his approbation. If he approve he shall sign it ; if 
not. he shall return it with his objections to the house in which it 
shall have originated; and the house shall cause the ol)jections to be 
entered at large on its journals, and shall proceed to reconsider the 
bill. After such reconsideration, if a majority of all the members 
elected to that house shall agree to pass the same, it shall be sent, 
together with the objections, to the other house, by which it shall, in 
like manner, be reconsidered ; and if approved by a majorit}' of all the 
members elected to that house, it shall become a law. In all such 
cases, the votes of both such houses shall be taken by yeas and nays, 
and the names of the members voting for and against the bill shall be 
entered on the journals of each house respectively. If any bill shall 
not be returned by the governor within ten days (Sundays excepted) 
aft(>r it sliall have been presented to him. the same shall become a 
law. in like numner as if the governor had signed it, unless the gen- 
eral assembly, by its adjournment, shall prevent its return; in which 
case it shall not become a law, unless the governor, after such adjourn- 
ment, and within ten days after the bill was presented to him, (Sun- 
days excepted.) shall sign and deposit the same in the office of the 
secretary of state; in which case it shall become a law, in like manner 
as if it had been signed hy him during the session of the general 
assembly. 

Sec. 10. Every resolution, to which the concurrence of the senate 
and house of representatives may be necessary, except on questions of 
adjournment, ot going into joint session, and of amending this consti- 
tution, shall be i)resented to the governor; and, before the same shall 
take effect, shall be j^roceeded upon in the same manner as in the case 
of a bill. 

Sec. 11. The governor shall, at stated times, receive for his services 
an ade(|uate salary, to be fixed by law; which shall neither be in- 
creased nor diminished during his continuance in office. 

Sec. 12. There shall be a lieutenant-governor, who shall be elected 



2206 Missouri —1865 

at the same time, in the same manner, for the same term, and shall 
possess the same qualifications, as the governor. 

Sec. 13. The lieutenant-governor, by virtue of his office, shall be 
president of the senate. In committee of the whole he may debate on 
all questions; and when there is an equal division, shall give the cast- 
ing vote in the senate, and also in joint vote of both houses. 

Sec. 14. When the office of governor shall become vacant, by death, 
resignation, removal from the State, removal from office, refusal to 
qualify, oi* otherwise, the lieutenant-governor shall perform the 
duties, possess the powers, and receive the compensation of the gov- 
ernor, during the remainder of the term for which the governor was 
elected. When the governor is absent from the State, or is unable, 
from sickness, to perform his duties, or is under impeachment, the 
lieutenant-governor shall perform said duties, possess said powers, 
and receive said compensation, until the governor return to the State, 
be enabled to resume his duties, or be acquitted. If there be no lieu- 
tenant-governor, or if he be absent from the State, disabled by sick- 
ness, or under impeachment, the president of the senate pro temjmre, 
or, in case of like absence or disability on his part, or of there being 
no president of the senate pro tempore^ the speaker of the house of 
representatives shall assume the office of governor, in the same man- 
ner, and with the same powers and compensation, as are prescribed 
in the case of the office devolving on the lieutenant-governor. 

Sec. 15. The lieutenant-governor, or the president of the senate 
pro tempore^ while presiding in the senate, shall receive the same com- 
pensation as shall be allowed to the speaker of the house of repre- 
sentatives. 

Sec. 16. There shall be a secretary of state, a State auditor, a State 
treasurer, and an attorney-general, who shall be elected by the quali- 
fied voters of the State, at the same time, in the same manner, and 
for the same term of office as the governor. No person shall be eligi- 
ble to either of said offices unless he be a white male citizen of the 
United States, and at least twenty-five years old, and shall have re- 
sided in this State five years next before his election. The secretary 
of state, the State auditor, the State treasurer, and the attorney- 
general shall keep their respective offices at the seat of government, 
and shall perform such duties as may be required of them by law. 

Sec. 17. The returns of all elections of governor, lieutenant-gover- 
nor, and other State officers shall be made to the secretary of state 
in such manner as may be prescribed by law. 

Sec. 18. Contested elections of governor and lieutenant-governor 
shall be decided by joint vote of both houses of the general assembly 
in such manner as may be prescribed by law. 

Sec. 19. Contested elections of secretary of state. State auditor. 
State treasurer, and attorney-general shall be decided before such 
tribunal, and in such manner as may be by law provided. 

Sec. 20. The secretary of state shall be the custodian of the seal of 
state, and shall authenticate therewith all official acts of the governor, 
his approbation of laws excepted. The said seal shall be called 
the " Great Seal of the State of Missouri ; " and the emblems and de- 
vices therof heretofore prescribed by law shall not be subject to 
change. 

Sec. 21. The secretary of state shall keep a register of the official 
acts of the governor, and, when necessary, shall attest them; and shall 



Missouri— 1865 2207 

lay coj^ies of the same, together with copies of all papers relating 
thereto, before either house of the general assembly, whenever re- 
quired to do so. 

Sec. 22. There shall be elected by the qualified voters in each 
county, at the time and places of electing representatives, a sheriff 
and a coroner. They shall serve for two years, and until a suc- 
cessor be duly elected and qualified, unless sooner removed for mal- 
feasance in office, and shall be ineligible four years in any period 
of eight years. Before entering on the duties of their office tliey shall 
give security in sucJi amount, and in such manner, as shall be ])re- 
scribed by law. Whenever a county shall be hereafter established, 
the governor shall appoint a sheriff and a coroner therein, who shall 
continue in office until the next succeeding general election, and until 
a successor shall be duly elected and qualified. 

Sec. 23. Whenever a vacancy shall happen in the office of sheriff 
or coroner, the same shall be filled by the county court. If such 
vacancy happen in the office of sheriff more than nine months prior 
to the time of holding a general election, such county court shall 
immediately order a special election to fill the same; and the person 
by it appointed shall hold office until the person chosen at such 
election shall be duly qualified; otherwise the person a])pointed by 
such county court shall hold office until the person chosen at such 
general election shall be duly qualified. If a vacancy happen in the 
office of coroner, the same shall be filled, for the remainder of the 
term, by such county court. No person elected or appointed to fill 
a vacancy in either of said offices shall thereby be rendered ineligible 
for the next succeeding term. 

Sec. 2-1. In all elections for sheritf and coroner, when two or more 
persons have an equal number of votes, and a higher than any other 
person, the presiding judge of the county court of the county shall 
give the casting vote; and all contested elections for the said offices 
shall be decided by the circuit court of the proper county, in such 
manner as the general assembly may, by law, prescribe. 

Sec. 25. The governor shall commission all officers not otherwise 
provided by law. All commissions shall run in the name and by the 
authority of the State of Missouri, be sealed by the State seal, signed 
by the governor, and attested by the secretary of state. 

Sec. 20. The api)ointment of all officers, not otherwise directed by 
this constitution, shall be made in such manner as may be jirescribed 
by law\ 

Airncr.E VI 

.IT'OICIAL DEPARTMENT 

Section 1. The judicial })ower. as to matters of law and equity, 
shall be vested in a supreme court, in district courts, in circuit courts, 
and in such infei'ior tril)unals as the general assembly may. from time 
to time, establish. 

Sec. 2. The supreme court, excei)t in cases otherwise directed by 
this constitution, shall have appellate jurisdiction only, which shall 
be coextensive with the State. und(M' the i-estrictions and limitations in 
this constitution provided. 

Sec. 3. The supreme court sjiall have a general superintending con- 
trol over all inferior courts of law. It shall have power to issue writs 



2208 Missouri— 1866 

of habeas corpus^ mandamus, quo warranto, certio^'ari, and other 
original remedial writs, and to hear and determine the same. 

Sec, 4. The supreme court shall consist of three judges, any two of 
whom shall be a quorum; and the said judges shall l)e conservators 
of the peace throughout the »State. 

Sec. 5. The State shall be divided into convenient districts, not to 
exceed four, in each of which the supreme court shall be held, at such 
time and place as the general assembly may appoint ; and, when sit- 
ting in either district, it shall exercise jurisdiction over causes orig- 
inating in that district only ; but the general assembl}^ may direct, by 
law, that the said court shall be held in one place onlv. 

Sec. 6. The judges of the supreme court shall hold office for the 
term of six vears. and until their successors shall be duly elected and 
qualified, except as hereinafter provided. 

Sec. 7. At the general election in the year one thousand eight hun- 
dred and sixty-eight, all the judges of the supreme court shall be 
elected by the qualified voters of the State, and shall enter upon their 
office on the first JSIonday of January next ensuing. At the first ses- 
sion of the court thereafter the judges shall, by lot, determine the 
duration of their several terms of office, which shall be respectively 
two, four, and six years; and shall certify the result to the secretary 
of state. At the general election every two years after said first elec- 
tion, one judge of said court shall be elected, to hold office for the 
period of six years from the first Monday of January next ensuing. 
The judge having at any time the shortest term to serve shall l)e the 
presiding judge of the court. 

Sec. 8. If a vacancy shall happen in the office of any judge of the 
supreme court, by death, resignation, removal out of the State, or 
other disqualification, the governor shall appoint a suitable person to 
fill the vacancy until the next general election occurring more than 
three months after the happening of such vacancy, when the same 
shall be filled by election, by the qualified voters of the State, for the 
residue of the term. 

Sec. 9. In case of a tie, or a contested election between the candi- 
dates, the same shall be determined in the manner prescribed by law. 

Sec. 10. If, in regard to any cause pending in the supreme court, 
the judges sitting shall be equally divided in opinion, no judgment 
shall be entered therein, based on such division; but the parties to 
the cause may agree upon some person, learned in the law, who shall 
act as special judge in the cause, and who shall therein sit with the 
court, and give decision, in the same manner and with the same ef- 
fect as one of the judges. If the parties cannot agree upon a special 
judge the court shall appoint one. 

Sec. 11. The judges of the supreme court shall give their opinion 
upon important qiiestions of constitutional law, and upon solemn 
occasions, when required by the governor, the senate, or the house of 
representatives; and all siich opinions shall be published in connec- 
tion with the reported decisions of said court. 

Sec. 12. The State, except the county of Saint Louis, shall be 
divided into not less than fiA'e districts, each of which shall embrace 
at least three judicial circuits: and in each district a court, to be 
known as the district court, shall be held at such times and places as 
may be provided by law. Each district court shall be held by the 
judges of the circuit courts embraced in the district, a majority of 



Missouri— 1865 2209 

whom shall be a quorum. Tho district courts shall, within their re- 
spective districts, have like oriofinal jurisdiction with the supreme 
court, and appellate jurisdiction from the final judgments of the 
circuit courts, and of all inferior courts of record within the district, 
except probate and county courts. After the establishment of such 
district courts, no appeal or Avrit of error shall lie from any circuit 
court, or inferior court of record, to the supreme court, but shall be 
prosecuted to the district court, from the final judgment of which 
an appeal or writ of error may be taken to the supreme court, in such 
cases as may be })rovided by law. 

Sec. 13. The circuit court shall have jurisdiction over all criminal 
cases which shall not be otherwise provided for by law; and exclu- 
sive original jurisdiction in all civil cases which shall not be cogniza- 
ble before justices of the peace, until otherwise directed by the gen- 
eral assembly. It shall hold its terms at such time and place, in each 
county, as may be by hiAv directed. 

Sec. 14. Tlie State shall be divided into convenient circuits, of 
which the county of Saint Louis shall constitute one, for each of 
which, except as in the next succeeding section specified, a judge shall 
be elected by the qualified voters of the respective circuits, and except 
as hereinafter provided, shall be elected for the term of six years; 
but may continue in office until his successor shall be elected and quali- 
fied; and the judge of each circuit, after his election or appointment, 
as hereinafter provided, shall reside in, and be a conservator of the 
peace within the circuit for which he shall be elected or appointed; 
and if any vacancy shall happen in the office of any circuit judge, by 
death, resignation, removal out of his circuit, or by any other dis- 
qualification, the governor shall, upon being satisfied that a vacancy 
exists, issue a writ of election to fill such vacancy ; provided that said 
vacancy shall happen at least six months before the next general 
election for said judge; but if such vacancy shall happen within six 
months of the general election aforesaid, the governor shall appoint 
a judge for such circuit; but every election or appointment to fill a 
vacancy shall be for the residue of the term only. And the general 
assembly shall provide, l)y law, for the election of said judges in 
their respective circuits; and in case of a tie, or contested election 
between the candidates, the same shall be determined in the manner 
to be prescribed by law. And the general assembly shall provide by 
law for the election of said judges, in their respective circuits, to fill 
any vacancy which shall occur at any time at least six months before 
a general election for said judges. At the general election in the 
year one thousand eight hundred and sixty-eight, and at the general 
election every sixth year thereafter, except as hereinafter provided, 
all the circuit judges shall l)e elected and shall enter upon their offices 
on the first INJonday of .January next ensuing. Xo judicial circuit 
shall be altered or changed at any session of the general assembly 
next preceding the general election for said judges. 

Sec. 15. From and after the first day of January, one thousand 
eight hundred and sixty-six, the circuit court of the county of Saint 
Louis shall be composed of three judges, each of whom shall try 
causes separately, and all, or a majority of whom, shall constitute 
a court in bank, to decide questions of law, and to correct errors 
occurring in trials; and, from and after that day, there shall not be 
72.58 — VOL o — 07 25 



2210 Missouri— 1865 

in said county any other court of record having civil jurisdiction, 
except a probate court and a county court. The additional judges 
of the circuit court of the county of Saint Louis, authorized by this 
section, shall be appointed by the governor, with the advice and con- 
sent of the senate, and shall hold their offices until the next general 
election of judges of circuit court, when the whole number of the 
judges of said court shall be elected. At the first session of said court 
after the judges thereof who may be elected in the year one thousand 
eight hundred sixty-eight shall have assumed office, the said judges 
shall, by lot, determine the duration of their several terms of office, 
which shall be, respectivelj'^, two, four, and six years ; and shall certify 
the result to the secretary of state. At.the general election every two 
years, after the election in that year, one judge of said court shall be 
elected, to hold office for the term of six years from the first Monday 
of January next ensuing. The general assembly shall have power to 
increase the number of the judges of said court, from time to time, as 
the public interest may require. Any additional judges authorized 
shall hold office for the term of six years, and be elected at a general 
election, and enter upon their office on the first Monday of January 
next ensuing. 

Sec. 16. The provisions contained in this article, requiring an 
election to be held to fill a vacancy in the office of judges of the su- 
preme and circuit courts, shall have relation to vacancies occurring 
after the year one thousand eight hundred and sixty-eight; up to 
which time any such vacancy shall be filled by appointment by the 
governor. 

Sec. it. If there be a vacancy in the office of judge of any circuit, 
or if he be sick, absent, or from any cause unable to hold any term of 
court of any county of his circuit, such term of court may be held by a 
judge of any other circuit, and, at the request of the judge of any 
circuit, any term of court in his circuit may be held by the judge of 
any other circuit. 

Sec. 18. No person shall be elected or appointed a judge of the 
supreme court nor of a circuit court before he shall have attained to 
the age of thirty years, and have been a citizen of the United States 
five years, and a qualified voter of this State three years. 

Sec. 19. Any judge of the supreme court or the circuit court may 
be removed from office on the address of two-thirds of each house of 
the general assembly to the governor for that purpose; but each 
house shall state, on its respective journal, the cause for which it shall 
wish the removal of such judge, and give him notice thereof, and he 
shall have the right to be heard in his defence, in such manner as the 
general assembly shall b}^ law direct ; but no judge shall be removed 
in this manner for any cause for which he might have been im- 
peached. 

Sec. 20. The judges of the supreme court and the judges of the 
circuit courts shall, at stated times, receive a compensation for their 
services, to be fixed by law, which shall not be diminished during the 
period for which they were elected. 

Sec. 21. The circuit court shall exercise a superintending control 
over all such inferior tribunals as the general assembly may establish, 
and over justices of the peace in each county in their respective 
circuits. 



Missouri— 1865 2211 

Sec. 22. The supreme court and the district courts shall appoint 
their respective clerks. Clerks of all other courts of record shall be 
elected by the qualified voters of the county, at a general election, and 
shall hold office for the term of four years from and after the first 
Monday of January next ensuing, and until their successors are duly 
elected and qualified. The first election of such clerks, after the 
adoption of this constitution, shall be at the general election in the 
year one thousand eight hundred and sixty-six, any existing law of 
this State to the contrary notwithstanding. 

Sec. 23. Inferior tribunals, to be known as county courts, shall be 
established in each county for the transaction of all county business. 
In such courts, or in such other tribunals, inferior to the circuit courts, 
as the general assembly may establish, shall be vested the jurisdiction 
of all matters appertaining to probate business, to granting letters 
testamentary and of administration, to settling the accounts of ex- 
ecutors, administrators, and guardians, and to the appointment of 
guardians, and such other jurisdiction as may be conferred by law. 

Sec. 24. Xo clerk of any court established by this constitution, or 
by any law of this State, shall apply to his own use, from the fees 
and emoluments of his office, a greater sum than two thousand five 
hundred dollars for each year of his official term, after paying out of 
such fees and emoluments such amounts for deputies and assistants 
in his office as the court may deem necessary and may alloAv, but all 
surplus of such fees and emoluments over that sum, after paying the 
amounts so allowed, shall be paid into tlie county treasury for the use 
of the county. The general asseinbly shall pass such laws as may be 
necessary to carry into effect the jirovisions of this section. 

Sec. 25. In each county tlieiv shall be api)ointed or elected as many 
justices of the peace as the ])ublic good may be thought to require. 
Their powers and duties and their duration in office shall be regulated 
by law. 

Sec. 26. All writs and process shall run, and all prosecutions shall 
l)e conducted, in the name of the State of Missouri; all writs shall be 
tested by the clerk of the court from which they shall be issued: and 
all indictments shall conclude. " a<):ainst the peace and dignitv of the 
State.-' 

Article VII 

IMPEACHMENTS 

Section 1. The governor, lieutenant-governor, secretary of state. 
State auditor. State treasurer, attorney-general, and all judges of the 
courts shall be liable to im|)eachment for any misdemeanor in office; 
but judgment in such case shall not extend farther than removal 
from office, and disqualification to hold any office of honor, trust, or 
profit under this State. 

Sec. 2. The house of representatives shall have the sole power of 
impeachment. All impeachments shall be tried by the senate and 
when sitting for that purpose the senators shall be on oath or affirma- 
tion to do justice according to law and evidence, ^^'hen the governor 
shall be tried, the presiding judge of (he supreme court shall preside. 
Xo person shall be con\icted without the concurrence of two-thirds of 
the senators present. 



2212 Missouri— 1865 

Article VIII 

HANKS AND fORPOlJATIOXS 

Section 1. No corporate body shall hereafter be created, renewed, 
or extended, Avith the privilege of making, issuing, or putting in cir- 
culation any notes, bills, or other paper, or the paper of any other 
bank, to circulate as money ; and the general assembly shall prohibit 
by law individuals and corporations from issuing bills, checks, tickets, 
promissory notes, or other paper to circulate as money. 

Sec. 2. No law shall be passed reviving or reenacting any act here- 
tofore passed creating any private corporation, where such corpora- 
tion shall not have been organized and commenced the transaction of 
its business within one year from the time such act took effect, or 
within such other time as may have been prescribed in such act for 
such organization and commencement of business. 

Sec. 3. The general assembly shall, at its first session after this 
constitution goes into effect, enact laws enabling any of the existing 
banks of issue to reorganize as national banks imder the act of Con- 
gress and shall also provide for the sale of the stock owned by this 
State in the Bank of the State of Missouri, upon such terms and 
conditions as shall be by law established. 

Sec 4. Corporations may be formed under general laws, but shall 
not be created by special acts, except for municipal purposes. All 
general laws and special acts passed pursuant to this section may be 
altered, amended, or repealed. 

Sec. 5. No municipal corporations, except cities, shall be created 
by special act and no city shall be incorporated with less than five 
thousand permanent inhabitants, nor unless the people thereof, by a 
direct vote upon the question, shall have decided in favor of such 
incorporation. 

Sec. 6. Dues from private corporations shall be secured by such 
means as may be prescribed by law ; but in all cases each stockholder 
shall be individually liable, over and above the stock by him or her 
owned, and any amount unpaid thereon, in a further sum at least 
equal in amount to such stock. 

Article IX 

EDUCATION 

Section 1. A general diffusion of knowledge and intelligence being 
essential to the preservation of the rights and liberties of the people, 
the general assembly shall establish and maintain free schools for the 
gratuitous instruction of all persons in this State between the ages 
of five and tAventy-one years. 

Sec 2. Separate schools may be established for children of African 
descent. All funds provided for the support of public schools shall 
be appropriated in proportion to the number of children, without re- 
gard to color. 

Sec 3. The supervision of public instruction shall be vested in a 
board of education, whose powers and duties shall be prescribed by 
law. A superintendent of public schools, who shall be the president 
of the board, shall be elected by the qualified A^oters of the State. He 



Missouri— 1865 22 1 3 

shall possess the qualifications of a State senator, and hold his office 
for the term of four years, and shall perform such duties and receive 
such compensation as may be prescribed l^y law. The secretary of 
state and attorney-general shall be ex-offieio members, and, with the 
superintendent, compose said board of education. 

Sec. 4. The oeneral assembly shall also establish and maintain a 
State iniiversity. with departments for instruction in teachino*. in 
agriculture, and in natural science, as soon as the ])ublic-school fund 
will permit. 

Sec. 5. The proceeds of all lands that have been, or hereafter may 
be, granted by the United States to this State, and not otherwise 
appropriated by this vState or the United States; also, all moneys, 
stocks, bonds, lands, and other property now belonging to any fund 
for purposes of education ; also, the net proceeds of all sales of lands 
and other property and elTects that may accrue to the State by escheat 
or from sales of estrays, or from unclaimed dividends, or distributive 
shares of the estates of deceased persons, or from fines, penalties, and 
forfeitures; also, any proceeds of the sales of public lands which may 
have been, or hereafter may be, paid over to this State, (if Congress 
will consent to such appropriation;) also, all other grants, gifts, or 
devises that have been, or hereafter may be, made to this State, and 
not otherwise appropriated by the terms of the grant, gift, or devise, 
shall be securely invested and sacredly preserved as a public-school 
fund, the annual income of which fund, together with so much of the 
ordinary revenue of the State as may be necessary, shall be faithfully 
appropriated for establishing and maintaining the free schools and 
the university in this article provided for, and for no other uses or 
purposes whatsoever. 

Sec. C). No part of the public-school fund shall ever be invested in 
the stock, or bonds, or other obligations of any State, or of any county, 
city, town, or corporation. The stock of the Bank of the State of Mis- 
souri now held for school purposes, and all other stocks belonging to 
an}^ school or university fund, shall be sold, in such manner and at 
such time as the general assembly shall prescribe; and the proceeds 
thereof, and the proceeds of the sales of any lands or other property 
which now belong, or may hereafter belong, to said school-fund, may 
be invested in the bonds of the United States. All county school- 
funds shall be loaned upon good and sufficient unincumbered real- 
estate security, with personal security in addition thereto. 

Sec. 7. No township or school district shall receive any portion of 
the i^ublic-school fund, unless a free school shall have been kept therein 
for not less than three months during the year for which disti'ibution 
thereof is made. The general assembly shall have power to require, 
by law, that every child, of sufficient mental and ])hysical ability, 
shall attend the public schools, during the period between the ages of 
five and eighteen years, for a term equivalent to sixteen months, unless 
educated by other means. 

Sec. 8. In case the public-school fund shall be insufficient to sus- 
tain a free school at least four months in every year in each school 
district in this State, the general assembly may provide, by law, for 
the raising of such deficiency, by levying a tax on all the taxable 
property in each county, township, or school district, as they may 
deem proper. 



2214 Missouri— 1865 

Sec. 9. The general assembly shall, as far as it can be done without 
infringing upon vested rights, reduce all lands, moneys, and other 
property used or held for school purposes in the various comities of 
this State into the public-school fund herein provided for; and in 
making distribution of the annual income of said fund, shall take 
into consideration the amount of any county or city funds appro- 
priated for common-school purposes, and make such distribution as 
will equalize the amount appropriated for common schools through- 
out the State. 

Article X 

MILITIA 

Section 1. All able-bodied male inhabitants of this State, between 
the ages of eighteen and forty-five years, who are citizens of the 
United States, or have declared their intention to become citizens of 
the United States, shall be liable to military duty in the militia of this 
State ; and there shall be no exemption from such duty, except of such 
persons as the general assembly may, by law, exempt. 

Sec. 2. The general assembly shall, by law, provide for the organi- 
zation of the militia, and for the paying of the same when called into 
actual service; but there shall be no officer above the grads of briga- 
dier-general, nor shall there be more than two officers of that grade. 

Sec. 3. Each company and regiment shall elect its own company 
and regimental officers ; but if any company or regiment shall neglect 
to elect such officers within the time prescribed by law, or by the order 
of the governor, they may be appointed by the governor. 

Article XI 

miscellaneolts provisions 

Section 1. The general assembly of this State shall never interfere 
with the primary disposal of the soil by the United States, nor with 
an}' regulation which Congress may find necessary for securing the 
title in such soil to the hona-fde purchasers. No tax shall be imposed 
on lands the property of the United States ; nor shall lands belonging 
to persons residing out of the limits of this State ever be taxed at a 
higher rate than the lands belonging to persons residing within the 
State. 

Sec. 2. The State shall have concurrent jurisidiction on the river 
Mississippi, and every other river bordering on the said State, so far 
as the said river shall form a common boundary to this State and 
any other State which may be bounded thereby; and the said river 
Mississippi, and the navigable rivers and Avaters leading into the 
same, whether bordering on or within this State, shall be common 
highways, and forever free to the citizens of this State and the United 
States, without any tax, duty, impost, or toll therefor imposed by the 
State. 

Sec. 3. All statute laws of this State now in force, not inconsistent 
with this constitution, shall continue in force until they shall expire 
by their own limitation, or be amended or repealed by the general 
assembly; and all writs, prosecutions, actions, and causes of action, 



Missouri— 186,5 2215 

except as herein otherwise provided, shall continue; and all indict- 
ments which shall have been found, or may hereafter he found, for 
any crime or offence committed before this constitution takes effect 
may be proceeded upon as if no change had taken place, except as 
hereinafter specified. 

Sec. 4. No person shall be prosecuted in any civil action or criminal 
proceeding, for or on account of any act by him done, performed, or 
executed, after the first day of January, one thousand eight hundred 
and sixty-one, by virtue of military authority vested in him by tlie 
Government of the Ignited States, or that of this State, to do such 
act, or in pursuance of orders received liv him from any person vested 
with such authority; and if any action or proceeding shall have here- 
tofore been, or shall hereafter be. instituted against any person for 
the doing of any such act, the defendant may plead this section in bar 
thereof. 

Sec. 5. No person who shall hereafter fight a duel, or assist in the 
same as a second, or send, accept, or knowingly carry a challenge 
therefor, or agree to go out of this State to fight a duel, shall hold 
any office in this State. 

Sec. 6. Xo money shall be drawn from the treasury, but in conse- 
quence of appropriations made by law ; and an accurate account of 
the receipts and expenditures of the public money shall be annually 
published. 

Sec. 7. No person holding an office of profit under the United 
States shall, during his continuance in such office, hold any office of 
profit under this State. 

Sec. 8. In the absence of any contrary provision, all officers now or 
hereafter elected or appointed shall hold office during their official 
term, and until their successors shall be duly elected or appointed, and 
qualified. 

Sec. 9. The general assembly shall have power to repeal or modifj'^ 
all ordinances adopted by any previous convention. 

Sec. 10. The seat of government of this State shall remain at the 
city of Jefferson. 

Sec. 11. No person emancipated by the ordinance abolishing slavery 
in Missouri, adopted on the eleventh day of January, one thousand 
eight hundred and sixty-five, shall, by any county court or other 
authority, be apprenticed, or bound for any service, except in inw- 
suance of laws nuide specially a])])licable to the persons so eman- 
cipated. 

Sec. 12- The general assembly shall provide, by law, for the indict- 
mentand trial of persons charged with the connnission of any felony, 
in any county other than that in which the offence was conunitted, 
whenever, owing to ])rejudice, or any other cause, an impartial grand 
or petit jury cannot be impanelled in the county in which such offence 
was conunitted. 

Sec. 13. The credit of the State shall not be given or loaned in aid 
of any person, association, or corporation; nor shall the State here- 
after become a stockholder in any corporation, or association, except 
for the purpose of securing loans heretofore extended to certain rail- 
road corporations by the State. 

Sec. 14. The general assembly shall not authorize any county, city, 
or town to become a stockholder in. or to loan its credit to, any com- 
l^any, association, or corporation, unless two-thirds of the qualified 



2216 ]nssouri—186/) 

voters of such county, city, or town, at a regular or special election to 
be held therein, shall assent thereto. 

Sec. 15. The general assembly shall have no power, for any pur- 
pose whatever, to release the lien held by the State upon any railroad. 

Sec. 16. No property, real or personal, shall be exempt from tax- 
ation, except such as may be used exclusiveh' for jDublic schools, and 
such as may belong to the United States, to this State, to counties, 
or to municipal corporations within this State. 

Article XII 

MODE or AMENDING AND REVISING THE CONSTITUTION 

Section 1. This constitution may be amended and revised in pur- 
suance of the provisions of this article. 

Sec. 2. The general assembly, at anj^ time, may propose such 
amendments to this constitution as a majority of the members elected 
to each house shall deem expedient ; and the vote thereon shall be 
taken by yeas and nays, and entered in full on the journals. And 
the proposed amendments shall be published with the laws of that 
session, and also shall be jDublished weekly in two newspapers, if 
such there be, within each congressional district in the State, for four 
months next preceding the general election then next ensuing. The 
proposed amendments shall be submitted to a vote of the people, 
each amendment separately, at the next general election thereafter, 
in such manner as the general assembly may jDrovide. And if a 
majority of the qualified voters of the State, voting for and against 
any one of said amendments, shall vote for such amendment, the 
same shall be deemed and taken to have been ratified by the people, 
and shall be valid and binding, to all intents and purposes, as a part 
of this constitution. 

Sec. 3. The general assembly may, at any time, authorize, by law, 
a vote of the people to be taken upon the question whether a con- 
vention shall be held for the purpose of revising and amending the 
constitution of this State; and if at such election a majority of the 
votes on the question be in favor of a convention, the governor shall 
issue writs to the sheriffs of the different counties, ordering the elec- 
tion of delegates to such a convention, on a day within three months 
after that on which the said question shall have been voted on. At 
such election, each senatorial district shall elect two delegates for 
each senator to which it may be then entitled in the general assembly, 
and every such delegate shall have the qualifications of a senator. 
The election shall be conducted in conformity with the laws regulat- 
ing the election of senators. The delegates so elected shall meet at 
such time and place as may be provided by law, and organize them- 
selves into a convention, and proceed to revise and amend the con- 
stitution; and the constitution, when so revised and amended, shall, 
on a day to be therein fixed, not less than sixty nor more than ninety 
days after that on which it shall have been adopted bv the conven- 
tion, be submitted to a vote of the people for and against it, at an 
election to be held for that purpose only; and if a majority of all 
the votes given be in favor of such constitution, it shall, at the end 



Mi8muri—1865 22 1 7 

of thirty days after such election, become the constitution of this 
State. The result of such election shall be made known by proclama- 
tion b}' the governor. The general assembly shall have no power, 
otherwise than as in this section specified, to authorize a convention 
for revising and amending the constitution. 

Akticle XIII 

PROVISIONS FOR PTTTTIN<; THIS CONSTITUTION INTO FORCE 

And we do further ordain as follows: 

Section 1. The preceding parts of this instrument shall not take 
effect unless this constitution be ado]:)ted by the people at the election 
to be held as hereinafter directed; but the provisions of this article 
shall be in force from the day of the adoption of this constitution by 
the representatives of the people in this convention assembled. 
I Sec. 2. For the purpose of ascertaining the sense of the people in 
regard to the adojDtion or rejection of this constitution, the same shall 
be submitted to the qualified voters of the State, at an election to be 
held on the sixth day of June, one thousand eight hundred and sixty- 
five, at the several election precincts in this State, and elsewhere, as 
hereinafter provided. On that day, or on any day not more than 
fifteen days prior thereto, such qualified voters of this State as shall 
then be absent from the places of their residence, by reason of their 
being in the military service of the United States, or of this State, 
whether they then be in or out of this State, shall be entitled to vote 
on the adoption or rejection of this constitution. For that purpose, a 
poll shall be opened in each Missouri regiment or comj^any in such 
service, at the quarters of the commanding officer thereof; and the 
voters of this State belonging to such regiment or compau}', and any 
others belonging to any other such regiment or company, and wdio 
may be present, may vote at such poll. Any one or two commissioned 
officers of such regiment or company, who may be present at the 
opening of the polls, shall act as judge or judges of the election ; and 
if no such officer be present, then the voters of such regiment or com- 
pany present shall elect two of the voters present to act as such 
judges. Every such judge shall, before any votes are received, take 
an oath or affirmation that he will honestly and faithfully perform 
the duties of judge, and make proper return of the votes given at 
such election ; and such oath the judges may administer to each other. 
In any election held in a regiment or company, the polls shall be 
opened at eight o'clock a. m., and closed at six o'clock p. m. 

Sec. 3. The election provided for in the next preceding section 
shall be by ballot. Those ballots in favor of the constitution shall 
have Avritten or ])rinted thei-eon the words '' New constitution — 
Yes;" those against the ccmstitution shall have written or printed 
thereon the Avords, "■ New constitution — Xo.*' 

Sec. 4. The said election shall be conducted, and the returns thereof 
made to the clerks of the several county courts, and by them immedi- 
ately certified to the secretary of state, as provided by law in the 
case of elections of State officers; and where an election shall be held 
in a regiment or company, the returns thereof, with the poll-books, 
shall be certified to the secretary of state, and may be transmitted by 



2218 Missouri— 1865 

mail, or by any messenger to whom the judges of the election may 
intrust the same for that purpose. 

Sec. 5. Any qualified voter of this State, within the State, who on 
the day of said election shall be absent from the place of his residence, 
may vote at any place of voting, upon satisfying the judges that he is 
a qualified voter, and being sworn by them that he has not voted and 
will not vote at said election in an}'^ other election precinct. 

Sec. 6. At said election no person shall be allowed to vote who 
would not be a qualified voter according to the terms of this consti- 
tution if the second article thereof were then in force. The judges of 
election shall administer to every person offering to vote, in lieu of 
the oath now required to be taken by voters uncler the ordinance of 
June 10, 1862, the following oath, to wit : " I, A. B., do solemnly 
swear that I am well acquainted with the terms of the third section 
of the second article of the constitution of the State of Missouri, 
adopted by the convention which assembled in the cit,y of Saint Louis 
on the 6th day of January, eighteen hundred and sixty-five, and have 
carefully considered the same; that I have never, directly or indi- 
rectly, done any of the acts in said section specified; that I have 
always been truly and loyally on the side of the United States against 
all enemies thereof, foreign and domestic ; that I will bear true faith 
and allegiance to the United States, and will support the Constitu- 
tion and laws thereof as the supreme law of the land, any law or or- 
dinance of any State to the contrary notwithstanding; that I will, 
to the best of my ability, protect and defend the Union of the United 
States, and not allow the same to be broken up and dissolved, or the 
Government thereof to be destroyed or overthrown, under any cir- 
cumstances, if in my power to prevent it ; and that I make this oath 
without any mental reservation or evasion, and hold it to be binding 
on me." Should any such person decline to take said oath, he shall 
not be permitted to vote at said election ; but the taking thereof shall 
not be deemed conclusive evidence of the right of such person to vote, 
but such right may be disputed and dis]Droved. Any person who shall 
falsely take, or having taken shall thereafter wilfully violate the 
oath prescribed in this section, shall, upon conviction thereof by any 
court of competent jurisdiction, be adjudged guilty of the crime of 
perjury, and shall be punished therefor in accordance with existing 
law. 

Sec. T. On the first day of July next ensuing said election, the 
secretary of state shall, in presence of the governor, the attorney- 
general, or the State auditor, proceed to examine and cast up the 
returns of the votes taken at said election, and certified to him, 
including those of persons in the military service; and if it shall ap- 
pear that a majority of all the votes cast at such election were in 
favor of the constitiition. the governor shall issue his proclamation, 
stating that fact, and this constitution shall, on the fourth dciy of said 
month of July, be the constitution of the State of Missouri. 

Sec. 8. The' officer now known as the " auditor of public accounts " 
shall hereafter be styled State auditor. 

Sec. 9. The office of register of lands shall continue until the gen- 
eral assembly shall abolish the same. 

Done by the representatives of the people of the State of Missouri, 
in convention assembled, at the city of Saint Louis, on the 8th day of 



Missouri— 1865 2219 

April, in the year of our Lord one thousand eight hundred and 
sixty-five, and of the Independence of the United States the eighty- 
ninth. 

Arnold Krekel, President. 
Chas. D. Drake, Vice-President. 
Amos P. Foster, Secretary. 
Thos. Proctor, As'sistant Secretary. 

Ordinances Adopted by the Convention — 1865. 

ABOLISHING SLAVERY IN MISSOURI 

(Adopted January 11, 18B5) 

Be it ordained., c&c, That hereafter in this State there shall be 
neither slaverv nor involuntary servitude, except in punishment of 
crime whereof the party shall have been duly convicted ; and all 
persons held to service or labor as slaves are hereby declared free. 

TO PROTECT EMANCIPATED NEGROES 
(Adopted January 12, 1865) 

Be it ordained, dec, That no person emancipated by the ordinance 
abolishing slavery in Missouri, adopted on the eleventh day of Janu- 
ary, one thousand eight hundred and sixty-five, shall, by any county 
court or other authority, be apprenticed, or bound for any service, 
except in pursuance of such laws as the general assembly of this 
State may hereafter enact, made specially applicable to the persons 
so emancipated. 

PROVIDING FOR THE VACATING OF CERTAIN CIVIL OFFICES, FILLING THE 
SAME ANEW, AND PROTECTING THE CITIZENS 

(Adopted March 17, 1865) 

Section 1. Be it ordained, (&c., That the offices of the judges of 
the supreme courts, of all circuit courts, and of all courts of record 
established by any act of the general assembly, and those of the 
justices of all county courts, of all clerks of any of the aforesaid 
courts, of all circuit attorneys and their assistants, and of all sheriffs 
and county recorders, shall be vacated on the first day of ]May, one 
thousand eight hundred and sixty-five, and the same shall be filled 
for the remainder of the term of each of said offices, respectively, 
by ai)p()intment by the governor. The governor shall in like nuin- 
ner, and with like efi'ect, fill any vacancy now existing in any of said 
offices. Eveiy person a])pointed*by the governor under this ordi- 
nance shall, before entering upon the discharge of the duties of his 
office, take the oath prescribed in the second section of the ordinance 
defining the qualifications of voters and civil officers in this State, 
adopted June tenth, one thousand eight hundred and sixty-two, 
and shall give bond in such form, in such sum. and with such 
security as are required by existing laws. 

Sec. 2. Xo ])erson shall be prosecuted in any civil action or criminal 
proceeding for or on account of any act by him done, performed, or 



2220 Missouri— 1865 

executed after the first day of January, one thousand eight hundred 
and sixty-one, by virtue of military authority vested in him by the 
Government of the United States, or that of this State, to do such 
act, or in pursuance of orders received by him or them from any per- 
son vested with such authority; and if any action or proceeding be 
brought or instituted against any person for the doing of any such 
act, the defendant may plead in bar thereof, and give this ordinance 
in evidence. The provisions of this section shall apply in all cases 
where suits are now pending, in the same manner and witli like effect 
as in suits or actions hereafter brought. 

PROVIDING FOR OBTAINING THE VOTES OF MISSOURI SOLDIERS ON THE 

CONSTITUTION 

(Adopted April 8, 1865) 

Section 1. Be it o?xIained, d'c, The governor of this State is re- 
quired, on or before the fifteenth day of May next, or immediately 
thereafter, to send messengers to the different points where there are 
citizens of this State, beyond the limits thereof, in the volunteer army 
of the United States, in order to obtain the votes of such persons upon 
the adoption or rejection of the constitution adopted by this conven- 
tion. The said messengers shall be provided with duly-prepared 
poll-books for said election, the expense whereof, and also the com- 
pensation of such messengers, and all other expenses connected with 
sending such messengers, shall be certified b}^ the governor; and the 
State auditor shall draw his warrant upon the treasurer for all 
amounts so certified, payable out of any money in the treasury not 
otherwise appropriated. 

Sec. 2. That such number of copies of the new constitution adopted 
by this convention as the governor may think necessary to a proper 
understanding of the constitution shall be sent to the Missouri soldiers 
with such messengers. 

FOR the organization AND GOVERNMENT OF THE MISSOURI MILITIA 
(Adopted April 8, 1865) 

Section 1. Be it ordained, c&c. All able-bodied male inhabitants 
of the State of Missouri shall be liable to military duty under this 
ordinance, except as is hereinafter provided, and, when orgjuiized, 
shall constitute and l)e known and designated as the '* Missouri 
militia." 

Sec. 2. Persons over the age of forty-five years, and under the age 
of eighteen years; United States mail carriers, when actually em- 
ployed as such; United States and State officers; one miller to each 
public mill, and an engineer for the same, when actually employed in 
said capacity ; teachers of public schools ; ministers of the gospel ; 
regular practising physicians, and railroad employes shall be exempt 
from duty in the militia, and shall be entitled to, and receive from 
the enrolling officer, a certificate to that effect, on producing to said 
enrolling officer satisfactory evidence of their respective avocations or 
employments. 



Missouri— 1865 2221 

Sec. 3. There shall be an enrolling officer for each county, with the 
rank of a lieutenant, appointed b}^ the commanding officer of each sub- 
district, whose duty it shall be to enroll all persons in said county, 
liable to do military duty, once in each j'ear ; and all enrolments here- 
tofore made under existing laws shall be taken and considered as made 
under this ordinance. 

Sec. 4. The militia, as soon as enrolled, shall be organized into 
])latoons, companies, regiments, and brigades. A platoon shall be 
composed of not less than thirty-two nor more tlian forty-six privates, 
two sergeants, four corporals, and one lieutenant. A company shall 
consist of the number of men, commissioned and non-connnissioned 
officers, prescribed by the Revised Regulations of the Army of the 
United States. A regiment shall consist of eight companies or more, 
with the number of field and staff officers prescribed by Army Regu- 
lations for the particular branch of service to which it may be as- 
signed. A brigade shall consist of three or more regiments. 

Sec. 5. Platoons or companies, as soon as organized, shall elect 
their commissioned officers, which officers, together with all l^rigade, 
regimental, and staff officers appointed by the governor, and all non- 
commissioned company officers, shall, before conunissions or Avarrants, 
as the case mav be, shall [be] issue[d] to them, take and subscribe the 

following oath : '' I, A. B., aged years, of the count}' of , 

in the State of Missouri, and a native of , do on oath [or 

affirmation] declare that I have not, during the present rebellion, 
taken up arms or levied war against the United States nor against 
ihe State of Missouri, nor have I wilfully adhered to the enemies of 
either, whether domestic; or foreign, bv giving aid and comfort, by 
denouncing said governments, or either of them, by going into or 
favoring or encouraging others to go into, or favor secession, rebel- 
lion, or disunion, but have always in good faith opposed the same; 
and further, that I will support, protect, and defend the Constitution 
of the United States and of the State of Missouri against all enemies 
or opposers, whether domestic or foreign, any ordinance, law, resolu- 
tion of any State convention or legislature, or of any orders, organ- 
izations, secret or otherwise, to the contrary notwithstanding, and 
that I do this with an honest purpose, pledge, and determination 
faithfully to perform the same, without any mental reservation or 
evasion whatsoever : So help me God." 

Sec. 6. The governor shall nominate and, by and with the advice 
and the consent of the senate, appoint two brigadier-generals, and no 
more, and as many colonels, lieutenant-colonels, and nuijors as ma}" 
l)e necessary for properl}^ disciplining and governing the force or- 
ganized under this ordinance: Proridvd, hoircrci'. That the officers 
and men thus conunissioned and organized shall not be entitled to nor 
receive any pa}', rations, or emoluments when not in actual service. 

Sec. 7. The part of the State north of the INIissouri River shall be 
known as the '" First military district," and the part of the State 
south of said river shall be known as the " Second military district," 
which shall be divided into such subdistricts as in the judgment of 
the commander-in-chief the good of the service may require. 

Sec. 8. The staff of general oflicers shall be the same as for the time 
may be prescribed by regulations of the Ignited States Army, or 
orders of (he AVar Department, g()\erning api)<)intiiients of officers of 



2222 Missouri— 1865 

the same grade in the United States service, all of whom shall be 
detailed from the line of the command of the officer to whose staff 
they are attached. 

Sec. 9. The staff of the commander-in-chief shall be an adjutant- 
general, with the rank and pay of colonel of cavah-y; a quarter- 
master-general, an inspector-general, and a commissary-general, each 
with the rank and pay of a colonel of cavalry; a paymaster-general, 
with the rank and pay of lieutenant-colonel of infantr}- ; a surgeon- 
general, with the rank and pay of colonel of infantry; a judge-advo- 
cate-general, with the rank and pay of lieutenant-colonel of infantry ; 
three aides-de-camp, Avith the rank and pay of major of infantry. 
He may detail from the line and field officers of any regiment such 
officers as he may deem proper, and assign them to duty on his staff. 

Sec. 10. It shall be lawful for the commander-in-chief to call into 
service such platoons, companies, or regiments as the safety and peace 
of the State may require, and to issue such instructions as may be 
necessary to insure strict discipline and familiarity in drill. 

Sec. 11. The publication of the proclamation of the governor shall 
be deemed sufficient notice to all persons subject to military duty to 
report to their respective commanding officer for active service. 

Sec. 12. The Articles of War and Army Regulations, as published 
bv authority of the War Department of the United States, shall be 
observed by the Missouri militia in every particular not otherwise 
provided by this ordinance, and the manner of drill shall be such as 
is prescribed in the tactics adopted for the United States Arm3\ 

Sec. 13. Whenever the militia, or any part of it, is called into serv- 
ice, the inspector-general, or his assistants, shall muster such force 
into the service on the rolls of the platoon or company, one of which 
rolls shall be retained by the commanding officer of the platoon or 
company, one copy shall be returned to the adjutant-general of the 
State, and one copy to the district headquarters. He shall administer 
to each platoon or company separately the following oath : '' You and 
each of you do solemnly swear that you will support, protect, and 
defend the United States and the State of Missouri, and the consti- 
tution and laws thereof, against all their enemies; that 3^ou will assist 
in enforcing the laws, and wdll obey all laAvful orders of the officers 
having authority to command you whilst in the service : So help you 
God." And any person subject to military duty who shall refuse to 
take said oath shall be considered and treated as a prisoner of war. 

Sec. 14. The surgeon-general shall appoint a physician or surgeon 
for each county to examine persons claiming exemption, who shall 
give to every person exempted by him a certificate, and shall return 
to the office of the adjutant of the district, within five days after the 
close of each of his sittings, a complete list of all persons so exempted. 
The physician or surgeon so employed shall receive the pay of a 
major of infantry while actually engaged in such service. 

Sec. 15. Any physician or surgeon, authorized b}' the provisions of 
this ordinance to issue certificates of exemption, who shall fraudu- 
lently issue any such certificates, shall be liable to a fine of not less 
than five hundred dollars, to be recovered by indictment before the 
circuit court of the proper county, except Saint Louis County, where 
the indictment shall be before the criminal court. 

Sec. 16. Every person who neglects or refuses to enroll himself 
shall pay the sum of twenty dollars, to be levied upon his goods and 



}rissouri—lS6'S 2223 

chattels, by order of the commanding officer of the district, and may 
be imprisoned or put at hard labor by said officer until said fine is 
paid, and shall then be enrolled and assigned to such i)latoon or com- 
pany as the connnanding officer of the district may direct; and any 
person duly enrolled and lial)le to militia service Avho shall refuse or 
neglect to perform such service, shall pay a fine of five dollars per 
cfay for ever}- day he fails to render such service, after having been 
thereto required by his officers, and in addition thereto such delin- 
quent shall be subject to arrest, trial, and punishment, Avithin the dis- 
cretion of a court-martial, and nothing in this section shall be con- 
strued to exempt any man from military service. 

Sec. 17. The commanding officer of each platoon or company shall 
certify to the connnanding officer of the battalion or regiment to 
which he is attached a list of all persons liable to fine under the pro- 
visions of this ordinance, with the number of days each person has 
neglected or refused to do duty, which list shall be, by the command- 
ing officer of the battalion or regiment, certified to the clerk of the 
circuit court of the county ten days before the next term of the said 
court, who shall place a copy of said list in a conspicuous place in his 
office at least five days before the first day of the term. 

Sec. 18. It shall be the duty of the circuit court to render a judg- 
ment, an award, an execution against each person named in said lists 
for the sum due by him. and costs, which shall be collected as other 
fines. The sheriff of the count}' may collect all sums due in said lists 
before judgment, and shall pay over the same to the State treasury 
to the credit of the " T^nion military fund." He shall certify to the 
commanding officer of the district the names of all persons who fail 
to pay the amount stated against them in said lists, or who have no 
projxn-ty whereof to levy such execution. And the connnanding 
officer of the district shall arrest and put at labor the persons men- 
tioned in the last-nanuMl list, until tlie amounts due by them are ]:)aid. 
And it shall l)e the duty of the circuit attorney of the pro])er circuit 
lo prosecute all such matters as shall come before the said court by 
virtue of this section. 

Sec. 19. The sum of fifty cents per day shall be reckoned to every 
person put at labor, under the j^rovisions of this ordinance, until the 
line or penalty due by him is fully paid. 

Sec. 20. The uniform of the ^Missouri militia shall be the same as 
prescribed by the l"nit(Hl States Army Regulations for the Army of 
the United States, until otherwise ordered by the i-ommander-in-cliief. 

Sec. 21. All officers, when on duty, shall wear the uniform of their 
rank, and no person, not in the military service of the State or the 
United States, shall wear any insignia of rank, or any part of uni- 
form, under a ])enalty of twenty dollars for every oii'ence, to be 
recovered by suit and smnmary trial before any justice of the peace. 

Sec. 22. The pay of the militia shall be the same for officers and 
men as allowed for the time by the United States to officers and sol- 
diers, and lifty cents for each day's service of his horse, when he is 
mounted: and such pay shall be in the same funds in Avhich the 
United States volunteers are paid, or their equivalent. 

Sec. 2:^. All taxes levied and collected for military purjjoses, and 
all fines imposed upon militia-men by this ordinance, all proceeds of 
the sale of contraband or captured property seized or captured by the 
militia, and all other appropriations and levies made for the benefit of 



2224 Missouri— 1865 

the militia, shall likewise be paid into the treasury, to the credit of the 
said Union military fund. Out of such fund shall be paid, first, all 
sums noAv due the enrolled Missouri militia for services rendered, and 
Union military bonds now outstanding or hereafter issued; and. 
second, all expenses incurred according to law, and audited by the 
proper officers, and appropriations for military purposes, as other 
claims against the State. 

Sec. 24. The governor of the State shall lay before the general 
assembly, at each regular session thereof, a report of the moneys 
expended for militia purposes, and an estimate of the funds necessary 
for support of the militia for the next two years. 

Sec. 25. The commander-in-chief may assign to duty, as paymas- 
ters, such officers as may to him seem proper, not exceeding four in 
number, with the rank and pay of majors of infantry, and require 
them, before entering upon the discharge of the duties of the office, 
to execute a bond in a sum and with such securities as he shall order, 
conditioned for the faithful performance of their duty. 

Sec. 26. Any officer, civil or military, who may refuse to account 
for and pay over, according to law, any moneys or property coming 
to his hands belonging to the militia fund, shall, upon conviction 
thereof in the circuit or criminal court, on indictment, be sentenced 
to imprisonment in the penitentiary for a term of not less than five 
nor more than ten years. 

Sec, 27. C ourts-mai'tial. — Courts-martial shall be constituted and 
shall proceed in all cases, and be governed by the laws and regula- 
tions prescribed for the United States Army. 

Sec. 28. The general assembly of this State shall provide the ways 
and means for the payment of the Missouri militia, and may, at any 
time, amend or repeal this ordinance. 

Sec. 29. An act entitled "An act for the organization and govern- 
ment of the Missouri militia," approved February 10, 1865, and all 
other acts or parts of acts inconsistent with the provisions of this 
ordinance are hereby abrogated. 

roR the payment of state and railroad indebtedness 
(Adopted April 8, 1865) 

Section 1. Be it ordained^ d'C, There shall be levied and collected 
from the Pacific Railroad, the Xorth Missouri Eailroad and the 
Saint Louis and Iron Mountain Railroad Company an annual tax of 
ten per centum of their gross receipts for the transportation of freight 
and passengers (not including amounts received from and taxes paid 
to the United States) from the first of October, 1866, to the first of 
October, 1868, and fifteen per centum thereafter; which tax shall be 
assessed and collected in the county of Saint Louis, in the same 
manner as other State taxes are assessed and collected, and shall be 
appropriated by the general assembly to the payment of the principal 
and interest now due. or hereafter to become due, upon the bonds of 
the State, and the bonds guaranteed by the State, issued to the afore- 
said railroad companies. 

Sec. 2. A like tax of fifteen per centum shall be assessed and col- 
lected from the Hannibal and Saint Joseph Railroad Company, and 
from the Platte County Railroad Company, whenever default is made 



Missouri— 1865 2225 

by said companies, or either of them, in the pa^yment of the interest 
or principal of the bonds of the State, or the bonds guaranteed by 
the State, issued lo said companies, respectively; which tax shall be 
assessed and collected in such nianiior as the general assembly may by 
law direct, and shall be applied for the payment of the principal and 
interest of said bonds as the same may become due and ])ayable. 

Sec. 3. The tax in this ordinance specified shall be collected from 
each company hereinbefore named only for the ])ayment of the prin- 
cipal and interest of the bonds for the payment of which such company 
shall be liable, and, whenever such bonds and interest shall have been 
fully paid, no further tax shall be collected from such company; but 
nothing shall be received by the State in discharge of any amounts 
due upon said bonds except cash or other bonds or obligations of this 
State. 

Sec. 4. Should either of said companies refuse or neglect to pay 
said tax, as herein required, and the interest or principal of any of 
said bonds or any part thereof remain due and unpaid, the general 
assembly shall provide, by law", for the sale of the railroad and other 
property, and the franchises of the company that shall thus be in 
default, under the lien reserved to the State, and shall appropriate 
the proceeds of such sale to the payment of the amount remaining 
due and unpaid from said company. 

Sec. 5, Whenever the State shall become the purchaser of any rail- 
road or other property or the franchises sold ns hereinbefore provided 
for, the general assembly shall provide, by law, in what manner the 
same shall be sold, for the payment of the indebtedness of the railroad 
company in default; but no railroad or other property, or franchises 
jiurcliascd by the State, shall be restored to any such company, until 
it shall have first paid in money or in ^lissouri Slate bonds, or in 
bonds guaranteed by this State, all interest due fi'om said company; 
and all interest thereafter accruing shall be paid semiannually, in 
advance; and no sale or other disposition of any such railroad or 
other property, or the franchises, shall be made without reserving 
a lien npon all the property and franchises thus sold or disposed of, 
for all sums remaining unpaid; and all payments therefor shall be 
made in money, or in the bonds or other obligations of this State. 

Sec. 6. The general assembly shall provide, by law, for the pay- 
ment of all State indebtedness nothereinbefore provided for; and for 
this purj^ose a tax of one-quarter of one i)er centum on all real estate, 
and other property and effects subjected to taxation, shall l)e assessed 
and collected, and shall l)e appropriated for the payment of all such 
indebtedness that may have matured, and the surjilus. if any, shall 
be set apart as a sinking fund for the payment of the obligations of 
the State that may hereafter become due. and for no other purpose 
whatsoever. 

Sec. 7. At the election to be held on the Oth day of June, eighteen 
hundred and sixty-five, for the ]iur])ose of ascertaining the sense of 
the people in regard to the adoption or rejection of the constitution 
adopted by this convention, the ([uestion of the adoption or rejection 
of this ordinance shall be sul)mitted lo the voters of this Slate, who 
shall be qualified as voters under the provisions of article' 13th of said 
constitution, and shall take the oath in said article prescril)ed ; and the 
vote of such election shall be taken, and returns thereof made, at the 
7253— VOL 3—07 20 



2226 Missouri— 1865 

same time, under the same restrictions, and in the same manner as 
in said article is provided for the vote upon the question of the adoj)- 
tion or rejection of said constitution. The election herein provided 
for shall be by ballot. Those ballots in favor of this ordinance shall 
have written or printed thereon the words, '' Shall the railroads 
pay their bonds? — Yes." Those opposed to this ordinance shall have 
written or printed thereon the words, " Shall the railroads pay their 
bonds? — No.-' If the majority of all the votes cast at such election 
shall be in favor of this ordinance, the same shall be valid and have 
full force and effect as a part of the constitution of this State, whether 
the new constitution adopted by this convention be adopted or re- 
jected. 

If a majority of such votes shall be against this ordinance, it shall 
have no force or validity whatsoever. 

The governor of this State shall, by proclamation, make known the 
result of the election herein provided for. 

FOR PAYING THE OFFICERS, MEMBERS, AXD OTHERS OF THE MISSOURI 

STATE CONVENTION 

(Adopted April .5. 1865) 

1st. Be it ordained^ d'C.^ That there be, and is hereby, appropriated, 
out of any money in the treasury of this State, the sum of twenty 
thousand clollars for the payment of members, and all other expenses 
of the Missouri State convention. 

2d. The State treasurer is hereby required and authorized to pay to 
the chairman of the committee on accounts (Mr. Ferdinand Meyer) 
the aforesaid sum of twenty thousand dollars, and to take his receipt 
therefor; and the committee on acounts shall audit all indebtedness 
incurred by this convention; and if any debts should remain unpaid 
after the above appropriation is exhausted, then the general assembly 
at its next session shall provide for the full and complete payment of 
the same. 

3d. The auditor of public accounts is required and authorized to 
audit the accounts of the committee on accounts, and make full settle- 
ment with them, paying them per diem and mileage now allowed to 
a member for all the necessary time occupied and journeys made after 
the close of this convention. 

AMENDMENTS TO THE CONSTITUTION OF 1865 
(Ratified Noveml>er 8. 1870) 

Art. II. New sections added: Section 1. Every male citizen of 
the United States, and every male person of foreign birth Avho may 
have declared his intention to become a citizen of the United States, 
according to law, not less than one year nor more than five years 
before he ofi'ers to vote, who is over the age of twenty-one years, who 
has resided in this State one year next preceding his registration as 
a voter, and during the last sixty days of that period shall have 
resided in the county, city, or town where he seeks registration as a 
voter, who is not convicted of bribery, perjury, or other infamous 
crime, nor directly or indirectly interested in any bet or wager de- 
jDending upon the result of the election for which said registration 



Missouri— 1865 2227 

is made, nor serving, at the time of such registration, in the Regular 
Army or Navy of the United States, shall be entitled to vote at such 
election for all officers. State, count}^, and municipal, made elective 
by the people, or any other election, held in pursuance of the laws of 
this State; but he shall not vote elsewhere than in the election district 
Avhere his name is registered, except as provided in the twenty-first 
section of the second article of the constitution. Any person who 
shall, after the adoption of this amendment, engage in any relM'llion 
against this State or the United States, shall forever l)e disqualified 
from voting at any election. 

Sec. 2. Hereafter it shall not be required of any person, before he is 
registered as a voter or offers to vote, to take the oath of loyalty pre- 
scribed in the sixth section of the second article of the constitution; 
but every person, before he is registered as a qualified voter, shall 
take an oath to support the Constitution of the United States and of 
the State of ]Missouri. 

Sec. 3. Sections five, fifteen, sixteen, seventeen, eighteen, of the sec- 
ond article of the constitution, and all provisions thereof, and all laws 
of this State not consistent with this amendment, shall, upon its adop- 
tion, be forever rescinded and of no effect. 

Neto section rescinding section 11: Section 1. The eleventh section 
of the second article of the constitution of this State, requiring jurors 
to take the oath of loyalty prescribed in the sixth section of said 
article, is hereby stricken out and forever rescinded. 

Xeir scct'/oiiH added : Section 1. No person shall hereafter be dis- 
qualified fi-om holding, in this State, any office of honor, trust, or profit 
under its authority, or of being an officer, councilman, director, trustee, 
or other manager of any corporation, j)ublic or j^rivate, now existing 
or hereafter establislied by its authority, or of acting as a professor 
or a teacher in any educatioiuil institution, or in any counnon or other 
school, or of liolding any real estate or other property in trust for the 
use of any church, religious society, or congregation, on account of 
race, or color, or previous condition of servitude, nor on account of 
any of the provisions of the third section of the second article of the 
constitution; nor shall hereafter any such person, before he enters 
upon the discharge of his said duties, be required to take the oath of 
loyalty prescribed in the sixth section of said article; but every 
l)erson who may be elected or appointed to any office shall, before 
entering upon its duties, take and subscribe an oath or allirniation 
that he will support the Constitution of the United States and of the 
State of Missouri, and, to the best of his skill aiul ability, diligently 
and faithfnlly. without partiality or prejudice, discharge the duties 
of such office according to the constitution and laws of this State. 

Sec. 2. Sections seven, eight, nine, ten, thirteen, fourteen, of the 
second article of the constitution, and all provisions thereof, and all 
laws of this State not consistent with this amendment, shall. u])on 
its adoption, be forever rescinded and of no effect. 

Airr. VI. Section 1. 8o <dtcr<d (did (tmeiided as to rcttd : The ju- 
dicial i)ower, as to matters of law and ecpiity, shall be vested in a 
supi-cme court, in circuit courts, and in such inferior ti'ibunals as the 
general assembly may from time to time estai)lish. 

Aht. VI. Sec. 12. jSo (dtered' and amoidcd as to read : Kvery ap- 
l)eal or writ of error shall lie from any circuit court or inferior court 



2228 Missouri— 1865 

of record having concurrent jurisdiction with circuit courts to the 
supreme court, as in such cases may be provided by law. 

Art. VIII. Sec. 6. So altered and amended as to read: Dues from 
])riv;ite corporations shall be secured by such means as may be pre- 
scribed by law; but in no case shall any stockholder be individually 
liable in any amount over or above the amount of the stock owned by 
him or her. 

Art. IX. Sec. 10. Added: Neither the general assembly nor any 
county, city, town, township, school district, or other municipal cor- 
poration, shall ever make any appro[)riation, or pay, from any public 
fund whatever, anything in aid of any creed, church, or sectarian 
purpose, or to help support or sustain any school, academy, seminary, 
college, university, or other institution of learning controlled by any 
creed, church, or sectarian denomination whatever; nor shall any 
grant or donation of personal property or real estate ever be made by 
State, count}^, city, town, or such public corporation, for any creed, 
church, or sectarian purpose whatever. 

(Ratified November 5, 1872) 

Art. VI. New sections added: Section 1. The supreme court shall 
consist of five judges, any three of whom shall constitute a quorum, 
and said judges shall be conservators of the peace throughout the 
State. 

Sec. 2. The judges of the supreme court shall, except as hereinafter 
provided, hold office for the term of ten years, and until their suc- 
cessors are duly elected and qualified. 

Sec. 3. At the general election in the year 1872 two additional 
judges of the supreme court shall be elected, and shall enj:er upon 
their office on the first Monday in January next ensuing. At the first 
session of the court thereafter the two additional judges so elected 
shall, by lot, determine the duration of their several terms of office, 
Avhich shall be respectively eight and ten years, and they shall certify 
the result to the secretary of state. At the general election every two 
years thereafter one judge of the supreme court shall be elected, who 
shall hold his office for the period of ten years from the first day of 
January next ensuing. The judge at any time having the shortest 
time to serve shall be the presiding judge of the court. 

Sec. 4. Upon the adoption of this amendment the fourth, sixth, 
and seventh sections of the sixth article of the constitution shall be 
repealed and forever rescinded. 

Art. IX. Sec. G. So altered and amended as to read: Xo part of 
the public-school fund shall ever be invested in the stock or bonds or 
other obligations of any other State, or of any county, city, town, or 
corporation. The stock of the Bank of the State of Missouri now held 
for school purposes, and all other stocks belonging to any school or 
university fund, shall be sold in such manner and at such time as the 
general assembly shall prescribe; and the proceeds thereof, and the 
proceeds of the sales of any lands or other i)roperty which now belong 
or may hereafter belong to said school-fund, may be invested in the 
bonds of the State of Missouri, or of the United States. All county 
school-funds shall be loaned upon good and sufficient unincumbered 
realestate security, with personal securit}" in addition thereto. 



Missouri— 1875 2229 

(Ratified November 3, 1874) 

Art. II. Sec. 4. So altered and amended as to read : The general 
assembly ma}' provide by law for registering^ all votei's in cities and 
towns having a population of more than ten thousand. 



CONSTITUTION OF MISSOURI— 1875 - 

PREAMBLK 

We, the people of ]\fissouri, with profound reverence for the Su- 
preme Ruler of the Universe, and grateful for his goodness, do, for 
the better government of the State, establish this Constitution. 

Article I 

BOUNDARIES 

Section 1. The boundaries of the State as heretofore established 
by law, are hereby ratified and confirmed. The State shall have con- 
current jurisdiction on the river Mississippi, and every other river 
bordering on the State, so far as the said rivers shall form a common 
boundary to this State and any other State or States; and the river 
Mississippi and the navigable rivers and waters leading to the same 
shall be common highways, and forever free to the citizens of this 
State and of the United States, without any tax, duty, impost or toll 
therefor, imposed by this State. 

Article II 

BILL OF RIGHTS 

In order to assert our rights, acknowledge our duties, and pro- 
claim the principles on which our government is founded, we declare: 

Section 1. That all political power is vested in and derived from 
the peojile; that all goverinnent of right originates from the people, 
is founded upon their will only, and is instituted solely for the good 
of the whole. 

Sec. 2. That the i)eople of this State have the inherent, sole and 
exclusive right to I'egulate the internal government and police 
thereof, and to alter and abolish their Constitution and form of gov- 
erinnent whenever they may deem it necessary to their safety and 
liappiness; Prorided. such change be not repugnant to the Constitu- 
tion of the United States. 

Sec. 8. That Missouri is a free and independent State, subject 
only to the Constitution of the United States: and as the preserva- 
tion of the States and the maintenance of theii" governments are neces- 
sary to an indestructible Union, and were intended to co-exist with 

* Vorifiei! liy "The Constitution of the State of Missouri, .\dopted by a vote 
of the i)eoiile. Oetober '.iO, 187."). Went into opor.ition November '.M). 1S7."). .7ef- 
fersoii City. Mo.: Tribune Printing Company. State Printers and Binders. 
1801." pp. 62. 



2230 Mrsf^ouri—1S7/) 

it, the Legislature is not authorized to adopt, nor will the people of 
this State ever assent to, any amendment or change of the Constitu- 
tion of the United States which may in anywise impair the right of 
local self-government belonging to the people of this State. 

Sec. 4. That all constitutional government is intended to promote 
the general welfare of the people; that all persons have a natural 
right to life, liberty and the enjoyment of the gains of their own in- 
dustry; that to give security to these things is the principal office of 
government, and that when government does not confer this security, 
it fails of its chief design. 

Sec. 5. That all men have a natural and indefeasible right to wor- 
ship Almighty God according to the dictates of their own conscience; 
that no person can, on account of his religious opinions, be rendered 
ineligible to any office of trust or j^rofit under this State, nor be dis- 
qualified from testifying, or from serving as a juror; that no human 
authority can control or interfere with the' rights of conscience; that 
no person ought, by any law, to be molested in his person or estate, on 
account of his religious persuasion or profession ; but the liberty of 
conscience hereby secured shall not be so construed as to excuse acts 
of licentiousness, nor to justify practices inconsistent with the good 
order, peace or safety of this State, or with the rights of others. 

Sec. G. That no person can be compelled to erect, support or at- 
tend any place or system of worship, or to maintain or support any 
priest, minister, preacher or teacher of any sect, church, creed or de- 
nomination of religion; but if any person shall voluntarily make a 
contract for any such object, he shall be held to the performance of 
the same. 

Sec. 7. That no money shall ever be taken from the public treasury, 
directly or indirectly, in aid of any church, sect or denomination of 
religion, or in aid of any priest, preacher, minister or teacher tliereof 
as such ; and that no preference shall be given to, nor any discrimina- 
tion made against, any church, sect or creed of religion, or any form 
of religious faith or worship. 

Sec. 8. That no religious corporation can be established in this 
State, except such as may be created under a general law for the pur- 
pose only of holding the title to such real estate as may be prescribed 
by law for church edifices, parsonages and cemeteries. 

Sec. 9. That all elections shall be free and open; and no power, 
civil or military, shall at any time interfere to prevent the free exer- 
cise of the right of suffrage. 

Sec. 10. The courts of justice shall be open to every person, and 
certain remedy afforded for every injury to person, property or char- 
acter, and that right and justice should be administered without sale, 
denial or delay. 

Sec. 11. That the people shall be secure in their persons, papers, 
homes and effects, from unreasonable searches and seizures; and no 
warrant to search any place, or seize any person or thing, shall issue 
without describing the place to be searched, or the person or thing to 
be seized, as nearly as may be ; nor without probable cause, supported 
by oath or affirmation reduced to Avriting. 

Sec. 12. That no person shall, for felony, be proceeded against 
crimnially otherwise than by indictment, except in cases arising in 
the land or naval forces, or in the militia when in actual service in 



Missouri— 1875 2231 

time of war or public danger; in all other cases, offenses shall be 
prosecuted criminally by indictment or information as concurrent 
remedies. 

Sec. 13. That treason against the State can consist only in levying 
war against it. or in adhering to its enemies, giving them aid and 
comfort; that no person can be convicted of treason, uidess on the 
testimony of two witnesses to the same overt act, or on his confession 
in open court; that no person can be attainted of treason or felony 
by the General Assembly; that no conviction can work corruption of 
blood or forfeiture of estate; that the estates of such persons as may 
destroy their own lives shall descend or vest as in cases of natural 
death; and when any })erson shall be killed by casualty, there shall 
be no forfeiture by reason thereof. 

Sec. 14. That no law shall l)e passed impairing the fri'edom of 
speech; that every i^erson shall be free to say, write or publish what- 
ever he will on any subject, being responsible for all abuse of that 
liberty; and that in all suits and prosecutions for libel the truth 
thereof may be given in evidence, and the jury, under the direction 
of the cotu't, shall determine the la^\• and the fact. 

Sec. 15. That no ex post facto law, nor law impairing the obliga- 
tion of contracts, or retrospective in its operation, or making any 
irrevocable grant of special privileges or innnunities. can be passed 
by the General Assembly. 

Sec. 16. That imprisonment for debt shall not be alloweil, except 
for the non-payment of fines and penalties imposed for violation of 
law. 

Sec. 17. That the right of no citizen to keep and bear arms in 
defense of his home, person and i)roi)erty, or in aid of the civil 
poAver, when thereto legally sunnuoned, shall be called in question; 
but nothing herein contained i> intended to justify the jn-ar-tice of 
wearing concealed weapons. 

Sec. is. That no person elected or appointed to any office or em- 
ployment of trust or profit under the laws of this State, or any ordi- 
nance of any municipality in this State, shall hold such office without 
personally devoting his Xmw to the pei-foi-ipai"'e of the duties to the 
same belonging. 

Sec. 1!). That no person who is now or may hereafter become a 
collector or receiver of public money, or assistant or deputy of such 
collector or receiver, shall be eligible to any office of trust or ])rofit in 
the State of ^lissouri under the laws thereof, or of any nuniicipality 
therein, until he shall have accounted for and paid over all the |iul)li(' 
money for which he may be accountable. 

Sec. 20. That no private property can be taken for public use, 
with or without compensation, unless by the consent of the owner, 
excei)t for private ways of necessity, and except for drains and ditches 
across the lands of others for agricultural and sanitary iiur|)os(»<. in 
such maimer as may r)e ])rescribe(l by law; and that whenever an 
attemi)t is made to take ])i"ivate property for a use alleged to l)e pub- 
lic, the (juestion whether the contemplated use be really i)ublic shall 
be a judicial question, and as such judicially determined, without 
regard to any legislative assertion that the use is public. 

Sec. 21. That ])rivate property shall not be taken or damaged for 
public use Avithout just compensation. Such comjKMisation shall be 



2232 Missouri— 1875 

ascertained by a jury or board of commissioners of not less than three 
freeholders, in such manner as may be prescribed by law ; and until 
the same shall be paid to the owner, or into court for the owner, the 
property shall not be disturbed or the proprietary rights of the owner 
therein divested. The fee of land taken for railroad tracks without 
consent of the owner thereof shall remain in such owner, subject to 
the use for which it is taken. 

Sec. 22. In criminal prosecutions the accused shall have the right 
to appear and defend, in person and by counsel ; to demand the nature 
and cause of the accusation; to meet the witnesses against him face 
to face; to have process to compel the attendance of witnesses in his 
behalf; and a speedy public trial by an impartial jury of the county. 

Sec. 23. That no person shall be cojnpelled to testify against him- 
self in a criminal cause, nor shall any person after being once ac- 
quitted by a jury be again, for the same offense, put in jeopard}^ of 
life or liberty; but if the jury to which the question of his guilt or 
innocence is submitted fail to render a verdict, the court before which 
the trial is had may, in its discretion, discharge the jury and commit 
or bail the prisoner for trial at the next term of court, or if the state 
of business will permit, at the same term ; and if judgment be arrested 
after a verdict of guilty on a defective indictment, or if judgment on 
a verdict of guilty be reversed for error in law, nothing herein con- 
tained shall prevent a new trial of the prisoner on a proper indict- 
ment, or according to correct principles of law. 

Sec. 24. That all persons shall be bailable by sufficient sureties, 
except for capital offenses, when the proof is evident or the pre- 
sumption great. 

Sec. 25. That excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishment inflicted. 

Sec. 26. That the privilege of the writ of habeas corpus shall never 
be suspended. 

Sec. 27. That the militar}^ shall always be in strict subordination 
to the civil power; that no soldier shall, in tnne of peace, be quar- 
tered in any house without the consent of the owner, nor in time of 
war except in the manner prescribed by law. 

Sec. 28. The right of trial by jury, as heretofore enjoyed, shall 
remain inviolate; but a jury for the trial of criminal or civil cases 
in courts not of record, may consist of less than twelve men, as may 
be prescribed by law. Hereafter, a grand jury shall consist of 
twelve men, any nine of whom concurring ma}' find an indictment or 
a true bill. 

Sec. 29. That the people have the right peaceably to assemble for 
their common good, and to apply to those invested with the powers 
of goA'ernment for redress of grievances, by petition or remonstrance. 

Sec. 30. That no person shall be deprived of life, liberty or prop- 
ert}^ without due process of law. 

Sec. 31. That there cannot be in this State either slavery or invol- 
untary servitude, except as a j^unishment for crime, Avhereof the 
party shall have been duly convicted. 

Sec. 32. The enumeration in this Constitution of certain rights 
shall not be construed to deny, impair or disparage others retained by 
the people. 



Mis^ouri—lSrr, 2233 

Article III 

THE DISTRIBUTION OF POWERS 

The powers of fyovernnient shall be divided into three distinct 
departments — the legislative, executive and judicial — each of which 
shall be confided to a separate magistrac}', and no person, or col- 
lection of persons, charged with the exercise of powers proi)erly 
belonging to one of those departments, shall exercise any power 
properly belonging to either of the others, except in the instances in 
this Constitution expressly directed or permitted. 

Article I\' 

LEGISLATn K DKPARTil KXT 

Section 1. The legislative power, subject to the limitations herein 
contained, shall be vested in a Senate and House of Representatives, 
to be styled " The General Assembly of the State of Missouri." 

representation and apportionment 

Sec. 2. The House of Representatives shall consist of members 
to be chosen every second year by the qualified voters of the several 
counties, and apportioned in the following manner: The ratio of rep- 
resentation shall be ascertained at each apportioning session of the 
General Assembly, by dividing the whole number of inhabitants of 
vhe State, as ascertained by the last decennial census of the United 
States, by the number two hundred. Each county having one ratio, 
or less, shall be entitled to one Representative; each county having 
two and a half times said ratio shall be entitled to two Representa- 
tives; each county having four times said ratio shall be entitled to 
three Representatives; each county having six times such ratio shall 
be entitled to four representatives, and so on above that number, giv- 
ing one additional member for every two and a half achlilional ratios. 

Sec. 3. When any county shall be entitled to more than one Rep- 
resentative, the county court shall cause such county to be subdivided 
into districts of comj^act and contiguous territory, corresponding in 
number to the Representatives to which such county is entitled, and 
In population as nearly equal as may be, in each of which the qualified 
voters shall elect one Representative, who shall be a resident of such 
district: ProvidccL that when any county shall be entitled to more 
than ten Representatives, the circuit court shall cause such county to 
be subdivided into districts, so as to give each district not less than 
two nor more than four Representatives, who shall be residents of 
such district — the population of the districts to be proportioned to the 
number of Representatives to be elected therefrom. 

Sec'. 4. No person shall be a member of the House of Representa- 
tives who shall not have attained the age of twenty-four years, who 
shall not be a male citizen of the United States, who shall not have 
been a qualified voter of this State tAvo years, and an inhabitant of the 
county or district which he may be chosen to represent one year next 
before the day of his election — if such county or district shall have 



2234 Missouri— 187S 

been so long established, but if not, then of the county or district from 
which the same shall have been taken — and who shall not have paid a 
State and county tax Avithin one year next preceding the election. 

Sec. 5. The Senate shall consist of thirty-four members, to be 
chosen by the qualified voters of their respective districts for four 
years. For the election of Senators the State shall be divided into 
convenient districts, as nearly equal in population as may be, the 
same to be ascertained by the last decennial census taken by the 
United States. 

Sec. 6. Xo person shall be a Senator who shall not have attained 
the age of thirty years, who shall not be a male citizen of the United 
States, who shall not have been a qualified voter of this State three 
years, and an inhabitant of the district which he may be chosen to 
represent one year next before the day of his election — if such dis- 
trict shall have been so long established, but if not, then of the dis- 
trict or districts from which the same shall have been taken — and who 
shall not have paid a State and county tax within one year next pre- 
ceding the election. '\Alien any county shall be entitled to more than 
one Senator, the circuit court shall cause such county to be subdivided 
into districts of compact and contiguous territory, and of population 
as nearly equal as may be, corresponding in number with the Senators 
to which such county may be entitled; and in each of these one 
Senator, who shall be a resident of such district, shall be elected by 
the qualified voters thereof. 

Sec. 7. Senators and Representatives shall be chosen according 
to the rule of apportionment established in this Constitution, until 
the next decennial census by the United States shall have been taken, 
and the result thereof as to this State ascertained, when the apportion- 
ment shall be revised and adjusted on the basis of that census, and 
every ten years thereafter upon the basis of the United States census, 
or if such census be not taken, or is delayed, then on the basis of a 
State census — such apportionment to be made at the first session of 
the General Assembly after each such census: Provided^ that if at 
any time, or from any cause, the General Assembly shall fail or refuse 
to district the State for Senators, as required in this section, it shall 
be the duty of the Governor, Secretary of State and Attornej^-Gen- 
eral, withiii thirty days after the adjournment of the General Assem- 
bly on which such duty devolved, to perform said duty, and to file 
in the office of the Secretar}' of State a full statement of the districts 
formed by them, including the names of the counties embraced in 
each district, and the numbers thereof — said statement to be signed 
by them, and attested by the Great Seal of the State, and upon the 
proclamation of the Governor, the same shall be as binding and 
effectual as if done by the General Assembly. 

Sec. 8. Until an apportionment of Representatives can be made, in 
accordance with the provisions of this article, the House of Represent- 
atives shall consist of one hundred and forty-three members, which 
shall be divided among the several counties of the State as follows: 
The county of St. Louis shall have seventeen; the county of Jackson 
four; the county of Buchanan three; the counties of Franklin, Greene, 
Johnson, Lafaj^ette, Macon, Marion, Pike and Saline, each two, and 
each of the other counties in the State one. 

Sec. 9. Senatorial and representative districts may be altered, from 
time to time, as public convenience may require. When any sena- 



Missouri— 1875 2235 

torial district shall be composed of tAvo or more counties, tliey shall be 
contiguous — such districts to be as compact as may be — and in the 
formation of the same no county shall be divided. 

Sec. 10. The first election of Senators and Representatives, under 
this Constitution, shall be held at the general election in the year one 
thousand eight lunuUvd and seventy-six, when the whole number of 
liepresentatives, and the Senators from the districts having odd num- 
bers, who shall compose the first class, shall be chosen; and in one 
thousand eight hundred and seventy-eight, the Senators from the dis- 
tricts havino- even numbers, who shall compose the second class; and 
so on at each succeeding general election, half the Senators provided 
for by this Constitution shall be chosen. 

Sfx'. 11. Until the State shall be divided into senatorial districts, 
in accordance with the provisions of this article, said districts shall 
be constituted and numbered as follows : 

The First district shall be composed of the counties of Andrew, 
Holt, Nodaway and Atchison. 

Second district — The counties of Buchanan, DeKalb, Gentr}^ and 
Worth. 

Third district — The counties of Clay, Clinton and Platte. 

Fourth district — ^The counties of Caldwell, Eay, Daviess and Har- 
rison. 

Fifth district — The counties of Livingston, Grundv, ISIercer and 
Carroll. 

Sixth district — The counties of Linn, Sullivan, Putnam and Chari- 
ton. 

Seventh district — The counties of Randolph, Howard and Monroe. 

Eighth district — The counties of xVdair, Macon and Schuyler. 

Ninth district— The counties of Audrain, Boone and Callaway. 

Tenth district — The counties of St. Charles and AVarren. 

Eleventh district — The counties of Pike, Lincoln and Montgomery. 

Twelfth district — the counties of Lewis, Clark, Scotland and Knox. 

Thirteenth district — The counties of Marion, Shelby and Kails. 

Fourteenth district — The counties of Bates, Cass and Henry. 

Fifteenth district — The county of Jackson. 

Sixteenth district — The counties of Vernon, liartou, das])er, New- 
ton and IVIcDonald. 

Seventeeutli district — The counties of Lafayette and Johnson. 

Eighteenth district — The counties of (ireene, Lawrence, Barry, 
Stone and Christian. 

Nineteenth district — The counties of Saline, Pettis and Px'ntoii. 

Twentieth district — The counties of Polk, Hickorv, Dallas, Dade, 
Cedar and St. Clair. 

Twenty-first district — The counties of Laclede, AVebster. AVright, 
Texas, Douglas, Taney, Ozark and Howell. 

Twenty-second district — The counties of Phelps, Miller, Maries, 
Camden, ]*ulaski, Crawford and Dent. 

Twenty-third district — The counties of Cape Girardeau, Missis- 
sippi, New iNIadrid, Pemiscot, Dunklin, Stoddard and Scott. 

Twenty-fourth district — The counties of L'on, IVIadison. Bollinger, 
Wayne, Butler, Reynolds, Carter, Ripley, Oregon and Shannon. 

Twenty-fifth district — The counties of Franklin, Gasconade and 
( )saae. 



2236 Missouri— *1875 

Twenty-sixth district — The countjes of Washington, Jefferson, St. 
Francois, Ste. Genevievs and Perr}'. 

T^Yenty-eighth district — The counties of Cooper, Moniteau, ^lor- 
gan and Cole. 

St. Louis county shall be divided into seven districts, numbered, 
respectively, as follows: 

Twenty-seventh, Twenty-ninth, Thirtieth, Thirty-first, Thirty-sec- 
ond, Thirty-third and Thirty-fourth. 

Sec. 12. Xo Senator or Eepresentative shall, during the term for 
which he shall haA^e been elected, be appointed to any office under this 
State, or any municipality thereof; and no member of Congress or 
person holding any lucrative office under the United States, or this 
State, or any municipality thereof (militia officers, justices of the 
peace and notaries public excepted), shall be eligible to either house 
of the General Assembly, or remain a member thereof, after having 
accepted any such office or seat in either house of Congress. 

Sec. 13. If any Senator or Eepresentative remove his residence 
from the district or county for which he was elected, his office shall 
thereby be vacated. 

Sec. 14. Writs of election to fill such vacancies as may occur in 
either house of the General Assembly shall be issued by the Governor. 

Sec. 15. Every Senator and Representative elect, before entering 
upon the duties of his office, shall take and subscribe the following 
oath or affirmation : " I do solemnly swear [or affirm] that I will 
supjDort the Constitution of the United States and of the State of 
Missouri, and faithfully perform the duties of ni}^ office; and that I 
will not knowingly receive, directly or indirectly, any money or 
other valuable thing, for the performance or non-performance of any 
act or duty pertaining to my office, other than the compensation 
allowed b}^ law." The oath shall be administered in the halls of their 
respective houses, to the members thereof, by some judge of the 
Supreme court, or the Circuit court or the County court of Cole 
count}', or, after the organization, by the presiding officer of either 
house, and shall be filed in the office of the Secretary of State. Any 
member of either house refusing to take said oath or affirmation shall 
be deemed to have thereby vacated his office, and any member con- 
victed of having violated his oath or affirmation shall be deemed 
guilty of perjury, and be forever thereafter disqualified from holding 
any office of trust or profit in this State. 

Sec. 16. The members of the General Assembly shall severally 
receive from the public treasury such compensation for their services 
as may, from time to time, be provided by law, not to exceed five dol- 
lars per day for the first seventy days of each session, and after that 
not to exceed one dollar per day for the remainder of the session, 
except the first session held under this Constitution, and during revis- 
ing sessions, when they may receive five dollars per day for one hun- 
dred and twenty days, and one dollar per day for the remainder of 
such sessions. In addition to per diem, the members shall be entitled 
to receive traveling expenses or mileage, for any regular and extra 
session, not greater than now provided by law ; but no member shall 
be entitled to traveling expenses or mileage for any extra session that 
may be called within one day after an adjournment of a regular 



Missouri— 1875 2237 

session. Committees of either house, or joint committees of both 
houses, appointed to examine the institutions of the State, otiier than 
those at the seat of o()vernnient, may receive their actual expenses, 
necessarily incurred Avhile in the performance of such dut}- — the items 
of such expenses to be returned to the chairman of such committee, 
and by him certified to the State Auditor, before the same, or any 
part thereof, can be paid. Each member may receive at each regular 
session an additional sum of thirty dollars, Avhich shall be in full for 
all stationery used in his official capacity, and all postage, and all 
other incideutal expenses and perquisites; and no allo^vance or emolu- 
ments, for any purpose whatever, shall be nuide to or received 1)V the 
incnibers, or any member of either house, or for their use, out of the 
conlingent fund or otherwise, except as herein expressly provided; 
and no allowance or emolument, for any purpose Avliatever, shall ever 
be paid to any officer, agent, servant or emploj-e of either house of the 
General Assembly, or of any committee thereof, except such per diem 
as may be provided for by law, not to exceed five dollars. 

Sec. 17. Each house shall appoint its own oflicers; shall be sole 
judge of the cpialihcations, election and returns of its own members; 
may determine the rules of its own proceedings, except as herein 
j^rovided ; ma}^ arrest and punish by hue not exceeding three hun- 
dred dollars, or imprisonment in a county jail not exceeding ten days, 
or both, any person, not a member, who shall be guilty of disrespect 
to the house by any disorderly or contemptuous behavior in its 
l)resence during its sessions; may punish its members for disorderly 
conduct, and, with the concurrence of two-thirds of all members 
elect, may expel a member; but no member shall be expelled a 
second time for the same cause. 

Sec. 18. A majority of the wliolc number of members of each 
house shall constitute a quorum to do business; l)ut a snuiller number 
may adjourn from da}^ to day, and ma,y conii)el the attendance of 
absent members in such manner and under, such i)enalties as each 
house may provide. 

Sec. 19."^ The sessions of each house shall be held with open doors, 
except in cases which may require secrec,y. 

Sec. 20. The General Assembly elected in the year one thousand 
eight hundred and seventy-six shall meet on the first AVednesday after 
the first day of January, one thousand eight huncb'ed and seventy- 
seven; and thereafter the General Assembly shall meet in regular ses- 
sion once only in every two years; and such meeting shall be on the 
first Wednesday after the first day of January next after the elec- 
tions of the members thereof. 

Sec. 21. Every adjournment or recess taken by the General Assem- 
bly for more than three days shall have the effect of and be an 
acljournment sine die. 

Skc. 22. Every adjournment or recess taken by the General Assem- 
bly f(u- three days or less shall be construed as not interrupting the 
session at which they are had or taken, but as continuing the session 
for all the purposes nientioned in section sixteen of this article. 

Sec. 2.''). Neither house shall, without the consent of the other, ad- 
journ for more than two days at any one time, nor to any other place 
than that in which the two houses may be sitting. 



2238 Missouri— 1875 

LEGISLATIVE PROCEEDINGS 

Sec. 24. The style of the laws of this State shall be: "5e it enacted 
hy the General Assembly of the State of Missouri^ as follows.'''' 

Sec. 25. No law shall be passed, except by bill, and no bill shall 
be so amended in its passage through either house as to change its 
original purpose. 

Sec. 26. Bills may originate in either house, and may l)e amended 
or rejected by the other; and every bill shall be read on three differ- 
ent days in each house. 

Sec. 27. No bill shall be considered for tinal passage unless the 
same has been reported upon by a committee and printed for the use 
of the members. 

Sec. 28. No bill (except general appropriation bills, which may 
embrace the various subjects and accounts for and on account of 
which moneys are appropriated, and except bills passed under the 
third subdivision of section forty-four of this article) shall contain 
more than one subject, which shall be clearly expressed in its title. 

Sec. 29. All amendments adopted by either house to a bill pending 
and originating in the same shall be incorporated with the bill by en- 
grossment, and the bill, as thus engrossed, shall be printed for the use 
of the members before its final passage. The engrossing and printing 
shall be under the supervision of a committee, Avhose rejjort to the 
house shall set forth, in writing, that they find the bill truly en- 
grossed, and .that the printed copy furnished to the members is 
correct. 

Sec. 30. If a bill passed by either house be returned thereto, 
amended by the other, the house to which the same is returned shall 
cause the amendment or amendments so received to be printed under 
the same supervision as provided in the next preceding section, for 
the use of the members, before final action on such amendments. 

Sec. 31. No bill shall become a law unless on its final passage the 
vote be taken by yeas and nays, the names of the members voting for 
and against the same be entered on the journal, and a majority of the 
members elected to each house be recorded thereon as voting in its 
favor. 

Sec. 32. No amendment to bills by one house shall be concurred in 
by the other, except by a vote of a majority of the members elected 
thereto, taken by yeas and nays, and the names of those voting for 
and against recorded upon the journal thereof; and reports of com- 
mittees of conference shall be adopted in either house only by the 
vote of a majority of the members elected thereto, taken by yeas and 
nays, and the names of those voting recorded upon the journal. 

Sec. 33. No act shall be revived or re-enacted by mere reference to 
the title thereof, but the same shall be set forth at length, as if it were 
an original act. 

Sec. 34. No act shall be amended by providing that designated 
words thereof be stricken out, or that designated words be inserted, 
or that designated words be stricken out and others inserted in lieu 
thereof; but the Avords to be stricken out. or the words to l^e inserted, 
or the words to be stricken out and those inserted in lieu thereof, 
together with the act or section amended, shall be set forth in full as 
amended. 



Missouri— 1875 2239 

Sec. 35. "^Ylien a bill is put u]X)n its final passage in either house, 
and, failing to pass, a motion is made to reconsider the vote by Avhich 
it was defeated, the vote upon such motion to reconsider shall be 
immediately taken, and the subject finally disposed of before the 
house proceeds to any other business. 

Sec. 30. No law passed by the General Assembly, except the gen- 
eral a]:)propriati()n act, shall take effect or go into force until ninety 
days after the adjournment of the session at which it was enacted, 
unless in case of an emergency (wliich emergency must be expressed 
in the preamble or in the body of the act), the General Assembly 
shall, by a vote of two-thirds of all the meml)ers elected to each house, 
otlierwise direct — said vote to be taken by yeas and nays, and entered 
upon the journal. 

Sec. 37. No bill shall become a law until the same shall have been 
signed by the presiding officer of each of the two houses in open ses- 
sion; and before such officer shall affix his signature to any bill, he 
shall suspend all other business, declare that such bill will now be 
read, and that, if no objections be made, he will sign the same to the 
end that it may become a law. The bill shall then be read at length, 
and if no objections be made, he shall, in presence of the house in 
open session, and before any other business is entertained, affix his 
signature, which fact shall be noted on the journal, and the l)ill innne- 
diately sent to the other house. When it reaches the other house, 
the presiding officer thereof shall immediately suspend all other busi- 
ness, announce the reception of the bill, and the same proceedings 
shall thereupon be observed, in every respect, as in the house in which 
it was first signed. If in either house any member shall object that 
any substitution, omission or insertion has occurred, so that the bill 
proposed to be signed is not the same in substance and form as when 
considered and passed by the house, or that any particular clause of 
this article of the Constitution has been violated in its passage, such 
objection shall be passed uj)on by the house, and if sustained, the pre- 
siding officer shall Avithhold his signature; but if such objection shall 
not be sustained, then any five members may embody the same, over 
their signatures, in a written protest, under oath, against the signing 
of the bill. Said protest, when ofl'ered in the house, shall be noted 
upon the journal, and the original shall l)e annexed to the bill, to be 
considered by the governor in comuH'tion therewith. 

Sec. 38. When the bill has been signed, as provided for in the 
preceding section, it shall be the duty of the Secretary of the Senate, 
if the bill originated in the Senate, and of the Chief Clerk of the 
House of Representatives, if the bill originated in the House, to 
present the same in person, on the same day on which it was signed 
as aforesaid, to the Governor, and enter the fact upon the journal. 
Every bill presented to the (lovernor, and returned within ton days 
to the house in which the same originated, with the ai)proval of the 
Governor, shall become a law. unless it be in violation of some j^ro- 
vision of this Constitution. 

Sec. 3i). Ev(>i-y bill pi-esentiMl a> aforesaid, but returned without 
the a])])roval of the Governoi'. and with his objections thereto, shall 
stand as reconsidered in the house to which it is returned. The house 
shall cause the objections of the (jovernor to be entered at large ujwn 
the journal, and proceed, at its convenience, to consider the question 



2240 Missouri— 1876 

pending, which shall be in this form : " Shall the bill pass, the objec- 
tions of the Governor thereto notwithstanding? '' The vote upon 
this question shall be taken by yeas and nays, and the names entered 
upon the journal, and if two-thirds of all the members elected to the 
house vote in the affirmative, the ])resi(ling officer of that house shall 
certify that fact on the roll, attesting the same by his signature, and 
send the bill, with the objections of the Governor, to the other house, 
in which like proceedings shall be had in relation thereto; and if the 
bill receive a like majority of the votes of all the members elected to 
that house, the vote being taken by yeas and nays, the presiding officer 
therof shall, in like manner, certify the fact upon the bill. The bill 
thus certified shall be deposited in the office of the Secretary of State, 
as an authentic act, and shall become a law in the same manner and 
with like effect as if it had received the approval of the Governor. 

Sec. -iO. Whenever the Governor shall fail to perform his duty, as 
prescribed in section twelve. Article V of this Constitution, in rela- 
tion to any bill presented to him for his approval, the General 
Assembl}' may, by joint resolution, reciting the fact of such failure 
and the bill at length, direct the Secretary of State to enroll the same 
as an authentic act, in the archives of the State, and such enrollment 
shall have the same effect as an approval by the Governor : Provided, 
that such joint resolution shall not be submitted to the Governor for 
his approval. 

Sec. 41. Within five years after the adoption of this Constitution, 
all the statute laws of a general nature, both civil and criminal, shall 
be revised, digested and promulgated in such manner as the General 
Assembly shall direct; and a like revision, digest and promulgation 
shall be made at the expiration of every subsequent period of ten 
years. 

Sec. 42. Each house shall, from time to time, publish a journal of 
its proceedings, and the yeas and nays on any question shall be taken 
and entered on the journal at the motion of any two members. 
Whenever the yeas and nays are demanded, the whole list of members 
shall be called, and the names of the absentees shall be noted and pub- 
lished in the journal. 

LIMITATION or LEGISLATIVE POWER 

Sec. 43. All revenue collected and moneys received by the State, 
from any source Avhatsoever, shall go into the treasury, and the Gen- 
eral Assembly shall have no pewer to divert the same, or to permit 
money to be drawn from the treasury, except in pursuance of regular 
appropriations made by law. All appropriations of money by the 
successive General Assemblies shall be made in the following order : 

First — For the payment of all interest upon the bonded debt of 
the State that may become due during the term for which each Gen- 
eral Assembly is elected. 

Second — For the benefit of the sinking fund, which shall not be 
less annually than two hundred and fifty thousand dollars. 

Third — For free public school purposes. 

Fourth — For the payment of the cost of assessing and colle^'ting 
the revenue. 

Fifth — For the payment of the civil list. 



Mismun—lS75 2241 

■ /S!xt/i — For the support of the eleemosynary institutions of the 
State. 

Sercjith — For the jiay of the General Assembly, and such other 
l)urposes, not herein prohibited, as it may deem necessary; but no 
(ieneral Assembly shall have power to make any ai)propriation of 
money for any i)urpose whatsoever, until the respective sums neces- 
sary for the purposes in this section specified have been set aj^art and 
appropriated, or to i>ive priority in its action to a succeeding' over a 
pi-eceding item as above enumerated. 

Sec. 44. The (ieneral Assembly shall have no i)o\ver to contract or 
to authorize the contracting of any debt or liability on behalf of the 
State, or to issue l)()nds or other evidences of indebtedness thereof, 
except in the following cases: 

First — In renewal of existing bonds, when they cannot be paid at 
maturity, out of the sinking fund or other resources. 

Second — On the occurring of an unforseen emergency, oi- casual 
deficiency of the revenue when the temporary liability incurred, upon 
the recommendation- of the Governor first had, shall not exceed the 
sum of two hundred and hfty thousand dollars for any one year, to l)e 
l^aid in not more than two years from and after its creation. 

lli'a'd — On the occurring of any unforeseen emergency or casual 
dehciency of the revenue, when the temporary liability incurred or to 
be incurred shall exceed the sum of two hundred and lifty thousand 
dollars for any one year, the General Assembly may submit an act pro- 
viding for the loan, or for the contracting of the liability, and contain- 
ing a provision for levj'ing a tax sufficient to pay the interest and 
principal when they become due (the latter in not more than thirteen 
years from the date of its creation), to the qualihed voters of the 
State, and when the act so submitted shall have been ratified by a two- 
thirds majority, at an election held for that pur})ose, due publication 
having been made of the provisions of the act for at least thi-ee months 
before such election, the act thus ratihed shall be irrei)ealable until 
the debt thereby incurred shall be paid, principal and interest. 

Sec. 45. The General Assembly shall have no power to give or to 
lend, or to authorize the giving or lending of the credit of the State in 
aid of or to any person, assocuition or corporation, whether municipal 
or other, or to pledge the credit of the State in any manner whatso- 
ever, for the payment of the liabilities, present or prospective, of any 
individual, association of individuals, municijial or other cori)ora(ion 
whatsoever. 

Sec. 46. The General Assembly shall have no power to nudce any 
grant or to authorize the making of any grant of public money or 
thing of value to any individual, association of individuals, municipal 
or other corporation whatsoever: Prorided, that this shall not be so 
construed as to prevent the grant of aid in a case of public calamity. 

'^ Sec. 47. The General Assembly shall have no ]:)Ower to authorize 
any county, city, town or township, or other political cori)oration or 
subdivision of the State now existing, or that may be heivafter estab- 
lished, to lend its credit or to grant pulilic money or thing of value in 
aid of or to any individual, association or corporation wdiatsocver, or 
to become a stockholder in such corporation, association or company. 

" Soo ;iiiioiu1inon(. IS*)!'. 
l-o'■^ VOL o — UT— — -1 



2242 Missouri— 1S7 5 

Sec. -1-S, The Gonoral Assembly shall have no powor to fjranl or 
to authorize any county or nuniicipal authority to grant any extra 
compensation, fee or alloAvance to a public officer, agent, servant or 
contractor, after service has been rendered or a contract has been 
entered into and performed in whole or in part, nor pay nor authorize 
the payment of any claim hereafter created against the State, o